Page:Food Safety Ordinance (Cap. 612).pdf/11

FOOD SAFETY ORDINANCE 5. Requirement for food distributors to be registered

(1) A person must not carry on a food distribution business unless the person is registered under this Part as a food distributor in respect of that business.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.

(3) Subsection (1) does not apply if—
 * (a) the person is specified in column 4 of Schedule 1;
 * (b) the person is exempted, or is in a class of persons that is exempted, under section 6 in respect of the business; or
 * (c) the person is registered under this Part as a food importer in respect of the business.

6. Exemptions by Director

(1) The Director may in writing exempt a person from the requirement to be registered under this Part in respect of a business.

(2) An exemption under subsection (1) may be granted subject to any conditions the Director considers appropriate.

(3) The Director may withdraw an exemption granted under subsection (1) on the ground that the conditions of the exemption have not been complied with.

(4) The Director may, by notice published in the Gazette, exempt a class of persons from the requirement to be registered under this Part in respect of a class of businesses. Division 2—Registration 7. Application for registration

(1) A person may apply to the Director to be registered under this Part in respect of a business—
 * (a) as a food importer; or
 * (b) as a food distributor.

(2) For a partnership, a partner authorized by the partnership may apply for registration on behalf of the partnership and, if registration is granted, it is to be expressed to be granted to that person on behalf of the partnership.

(3) An application for registration—
 * (a) must be in the form specified by the Director;