The FEHD is the licensing authority for food businesses and certain trades in Hong Kong.
Licensing
Restaurants, food factories, fresh provision shops, bakeries, factory canteens, siu mei and lo mei shops, frozen confection factories, milk factories, cold stores and composite food shops are required to obtain licences from the Department.
The Department also issues permits for the sale of restricted foods, such as frozen confections, milk, non-bottled drinks, Chinese herb tea, cut fruit, sushi, sashimi, oysters and meat to be eaten raw, food sold from vending machines, and for operating karaoke establishments in restaurants.
Licences are only issued to food premises which conform to hygiene requirements and safety standards prescribed by the departments concerned.
Trade licences are required for operating places of public entertainment (including theatres, cinemas and entertainment machine centres), commercial bathhouses, private swimming pools, funeral parlours, undertaker businesses, slaughterhouses and offensive trades.
Starting from 1 January 2013, the Department has accepted electronic submission of applications for food business/trade licences and permits.
Provisional Licences
To facilitate the setting up of food businesses, the Department operates a provisional licence system. Premises that satisfy all essential health, building and fire safety requirements are issued with a provisional licence valid for six months, during which the licensee has to complete all outstanding requirements for the issue of a full licence.
In 2014, the Department received 3,986 applications for provisional food business licences and 2,976 provisional licences were issued. An applicant can obtain a provisional licence from the Licence Issuing Office within one working day if all the essential licensing requirements are met.
Licences Processed and Issued
Licence applications are handled by three licensing offices located on Hong Kong Island, in Kowloon and the New Territories.
Food business licence applications received and processed during the year totalled 4,009 (including 2,090 for restaurant licences). In addition, there were 791 applications for restricted food permits, 1,718 applications for places of public entertainment licences, and 47 applications for other trade licences.
To cater for the specific needs of the food trade, seminars on restaurant licensing are arranged on a bi-monthly basis for those who have applied for restaurant licences or are considering starting a restaurant business.
Liquor Licences
To sell liquor for consumption on the premises, a licence is required from the Liquor Licensing Board which is an independent statutory body.
The Board normally meets once a week to deal with contested cases. In exercising its statutory powers, the Board regularly reviews the policy governing the issue of liquor licences and the control of licensed premises. The Department provides executive and secretarial support to the Board.
During the year, 1,116 applications for new liquor and club liquor licences were received and 1,006 new licences were granted. A total of 6,482 liquor and club liquor licences were renewed.
The Board regularly arranges seminars on liquor licensing to enable applicants and licensees to update their knowledge of the legal liabilities and responsibilities for the proper management of their premises. Since 1 January 2014, the content of the seminar has been enriched to also cover topics of fire safety, public order and environmental hygiene. During the year, 12 sessions were organised, and 834 liquor licence applicants and licensees attended the sessions.
Inspections
Health inspectors perform regular inspections on licensed food premises to ensure licence holders comply with licensing requirements and conditions as well as hygiene standards prescribed under the law. In addition to routine inspections, supervisory inspections are conducted by senior officers. Premises issued with trade licences, such as cinemas, commercial bathhouses and private swimming pools, are also regularly checked.
The Department adopts a Risk-based Inspection System to regulate licensed food premises. Inspection frequencies vary according to the risk and hygiene standards of licensed food premises. Inspections focus on food safety and health education, in addition to general sanitary conditions.
Law Enforcement
Food business operators, who breach public health laws, face prosecution. Under the Demerit Points System, they also bear the risk of licence suspension or cancellation if they breach the law persistently. Under the Warning Letter System, licences may also be cancelled as a result of repeated breach of licensing requirements or conditions.
The Department also cracks down on unlicensed food businesses by taking out prosecution and, for persistent offenders, by summary arrest and applying to court for closure of their premises.
In view of the proliferation of unauthorised extension of business area by some food premises in various districts, the Department has set up a squad of the Food Business Extension Control Task Force since May 2013 and two squads since June 2014 to deal with the problem. The Task Force monitors closely the food premises in locations with a history of illegal extension of business area throughout the peak business hours during weekdays and holidays and takes stringent enforcement actions, including arrest and prosecution of offenders and seizure of the articles used.
Statistics on Enforcement Actions against Licensed and Unlicensed Food Premises in 2014
| Licensed food premises | |
|---|---|
| No. of licensed food premises | 24,989 |
| No. of inspections | 208,380 |
| No. of prosecutions | 2,599 |
| No. of licence suspensions | 209 |
| No. of licence cancellations | 23 |
| Unlicensed food premises | |
| No. of prosecutions | 5,118 |
| Closure of food premises | |
| No. of Closure Orders granted | 5 |
Hygiene Manager/Hygiene Supervisor Scheme
The Hygiene Manager (HM) and Hygiene Supervisor (HS) Scheme seeks to strengthen food safety supervision on food premises. Under the Scheme, all large food establishments and food establishments producing high-risk food are required to appoint an HM and an HS. All other food establishments are required to appoint either an HM or an HS. For individual licences of food premises which are under the same licensee and housed in the same supermarket or food court, the Department accepts nomination of the same person as the HM or HS.
There are a number of local academic institutions and vocational training centres offering HM or HS courses that are recognised by the Department. The duration of an HM course is about 16 to 20 hours and that of an HS course is about six hours. The Department has been providing free HS training courses for supervisory staff of licensed food premises since December 2001. By the end of 2014, the Department has provided a total of 1,990 courses for 95,143 HSs, while 35,975 HMs were trained by academic institutions and vocational training centres.
Slaughterhouses
Hong Kong's fresh meat (beef, pork and mutton) is supplied by three licensed slaughterhouses in Sheung Shui, Tsuen Wan and Cheung Chau. The Department monitors the operation of licensed slaughterhouses to ensure hygiene and environmental standards are met, and combats illegal slaughtering activities.
To protect public health, all food animals admitted to licensed slaughterhouses are subject to both ante-mortem and post-mortem inspections. These ensure that meat is fit for human consumption before being released for sale in markets. During the year, the Department mounted 108 raids and surveillance operations on suspected illegal slaughterhouses. A total of 4,136 surprise visits to fresh provision shops and meat stalls were also made to prevent the sale of meat from non-approved sources. The Department also keeps an eye out for the malpractice of selling frozen or chilled meat as fresh meat and displaying chilled/frozen meat for sale without proper refrigeration.