Page:Food Safety Ordinance (Cap. 612).pdf/25

FOOD SAFETY ORDINANCE 33. Actions taken in relation to food safety orders and provision of samples

(1) The Director may serve on a person bound by a food safety order a notice requiring the person (at the time or times, or within the period, specified in the notice) to—
 * (a) inform the Director of the actions taken by the person in relation to the order; or
 * (b) provide to the Director samples of the food that is the subject of the order, in the quantity specified in the notice, for analysis, or for bacteriological or other examination.

(2) If a sample of food is provided to the Director in compliance with a notice under subsection (1)(b), the Director must pay to the person appearing to have the lawful custody of the food the market price of the sample or, if the market price is unknown or not readily ascertainable, a reasonable price.

(3) A person on whom a notice has been served under subsection (1) commits an offence if the person—
 * (a) fails to comply with the notice; or
 * (b) in purported compliance with the notice—
 * (i) provides information that the person knows is false in a material particular; or
 * (ii) recklessly provides information that is false in a material particular.

(4) A person who commits an offence under subsection (3) is liable to a fine at level 3 and to imprisonment for 3 months.

34. Power to obtain information or copies of documents

(1) If the Director has reasonable grounds to believe that a person possesses any information or document that may assist the Director in deciding whether to make, vary or revoke a food safety order, the Director may serve on the person a notice requiring the person to—
 * (a) provide the information specified in the notice within the period specified in the notice; or
 * (b) produce the document specified in the notice at the time and place specified in the notice and permit an authorized officer to make copies of the document at that time and place.

(2) A person on whom a notice has been served under subsection (1) commits an offence if the person—
 * (a) fails to comply with the notice; or
 * (b) in purported compliance with the notice—