Page:Food Safety Ordinance (Cap. 612).pdf/23

FOOD SAFETY ORDINANCE :(e) prohibit the carrying on of an activity in relation to any food, or permit the carrying on of any such activity in accordance with conditions specified in the order, for the period specified in the order.

(2) The Director may only make a food safety order if the Director has reasonable grounds at the time of making the order to believe that the making of the order is necessary—
 * (a) to prevent or reduce a possibility of danger to public health; or
 * (b) to mitigate any adverse consequence of a danger to public health.

(3) In determining whether there are reasonable grounds under subsection (2), the Director may, in so far as is practicable and reasonable, take into account all factors relevant to the circumstances of the case that the Director considers appropriate, including but not limited to the following—
 * (a) information obtained from any importer or supplier of the food;
 * (b) information, reports or testing results obtained from a public analyst;
 * (c) information (including reports, alerts, warnings and advisories) obtained from any international food or health authority or the food or health authority of any place;
 * (d) the time required for obtaining reports or testing results from a public analyst;
 * (e) characteristics of any hazard in the food, the level of the hazard in the food, consumption pattern of the food and the exposure of the general public and vulnerable groups to the food;
 * (f) any statutory requirement relating to the food;
 * (g) information on the source and extent of the hazard, in particular on whether the hazard exists throughout or in any part of the manufacture or supply chain or is limited to a particular batch of food.

(4) A food safety order must specify—
 * (a) the person, persons or class of persons intended to be bound by the order;
 * (b) particulars of the food that is the subject of the order;
 * (c) the reason for making the order and the principal factors that led to the making of the order;
 * (d) the prohibition or action required, as the case may be, and conditions (if any) under the order;
 * (e) the period referred to in subsection (1)(a), (b), (c), (d) or (e), as the case may be; and
 * (f) the provision under which the order is made and the consequences of a contravention of any term of the order.