On July 14, 2021, Hong Kong Legislative Council officially approved the "Harmful Substances in Food (Amendment) Regulation 2021". The provisions related with partially hydrogenated oil (PHO) will be effective on Dec. 1, 2023, and all other provisions on Jun. 1, 2023. Besides, the "Food and Drugs (Composition and Labelling) (Amendment) Regulation 2021" was also passed by the Legislative Council at the same time, which stipulates that any prepackaged food containing hydrogenated oils, e.g. fully hydrogenated oil, must be indicated accordingly in the list of ingredients. It will also commence on Dec. 1, 2023, the same date as the provisions on banning PHO.
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On June 11, 2021, based on the public comments received from the solicitation, Hong Kong Centre for Food Safety (CFS) issued the "Harmful Substances in Food (Amendment) Regulation 2021" to strengthen the regulation of harmful substances such as industrially produced trans fats and mycotoxins in food.
Major Changes Brought by the Amendment
1. Maximum levels of three harmful substances in food are updated
The amendment aims at updating and strengthening the regulatory control of three types of mycotoxins, i.e. aflatoxins, erucic acid and melamine, in food, by revising the recommended maximum level or expanding the restricted range for the existing harmful substances. The changes are shown in the table below.
Harmful Substance | Food/Food Category | Recommended Maximum Level | Current Standard |
Aflatoxins (the collection of Aflatoxins B1, B2, G1, G2) | Non-RTE almonds, Brazil nuts, hazelnuts, peanuts and pistachios | 15 μg/kg | 20 μg/kg for peanuts or peanut products; 15 μg/kg for any other foods (applicable to Aflatoxins B1, B2, G1, G2, M1, M2, P1 and Aflatoxin alcohol) |
Non-RTE peanut products, almonds, Brazil nuts, hazelnuts and pistachio products | 15 μg/kg | ||
*Spices | 15 μg/kg | ||
Any other foods | 10 μg/kg | ||
Aflatoxins B1 | *Infant formula and follow-up infant formula products (except products made from milk protein) | 0.1 μg/kg1 | / |
*Any other food mainly for babies under 36 months (except Infant formula and follow-up infant formula products made from milk protein) | 0.1 μg/kg2 | / | |
Aflatoxins M1 | *Infant formula and follow-up infant formula products mainly for babies under 12 months | 0.025 μg/kg1 | / |
*Any other milk or milk powder | 0.5 μg/kg1 | / | |
Erucic acid | *Low erucic acid rapeseed oil | 2 percent of their fatty acid's weight | / |
Melamine | *Liquid infant formula and follow-up infant formula products mainly for babies under 12 months | 0.15 mg/kg | / |
*Milk (except Liquid infant formula and follow-up infant formula products mainly for babies under 12 months) | 1 mg/kg | / |
* newly added food/food category
2. Maximum levels of five new harmful substances in food are set
Compared with the current version, the maximum levels for five other harmful substances (i.e. benzo[a]pyrene, glycidyl fatty acid esters, deoxynivalenol (also known as vomitoxin), 3-monochloropropane-1,2-diol and patulin) in edible fats and oils, condiments or formula products for infants are set in the amendment. The details are shown in the table below.
Harmful Substance | Food/Food Category | Recommended Maximum Level |
Benzo[a]pyrene | Oil, fat or a mixture of oil and fat | 5 μg/kg |
Infant formula and follow-up infant formula products mainly for babies under 12 months | 1 μg/kg | |
Glycidyl fatty acid esters (as glycidol) | Powdered infant formula and follow-up infant formula products mainly for babies under 12 months | 50 μg/kg |
Liquid infant formula and follow-up infant formula products mainly for babies under 12 months | 6 μg/kg | |
Deoxynivalenol (also known as vomitoxin) | Grain-based food mainly for babies under 36 months | 200 μg/kg2 |
3-monochloropropane-1,2-diol | Solid condiment containing acid hydrolyzed vegetable protein | 1 mg/kg |
Any other condiment containing acid hydrolyzed vegetable protein | 0.4 mg/kg | |
Patulin | Apple juice and other drinks containing apple juice | 50 μg/kg1 |
1 The maximum level is applicable to food in or prepared for immediate consumption.
2 The maximum level is applicable to dry matter of food.
3. Partially hydrogenated oil is now listed as a prohibited substance in food
With reference to the recommendation of the WHO, the amendment also specifies partially hydrogenated oil, i.e. the main source of industrially produced trans fatty acids (IP-TFAs), as a prohibited substance in food. According to the amendment, it is forbidden to import oil or fat containing partially hydrogenated oil or a mixture of both for human consumption. No person shall sell or consign or deliver for sale any food containing hydrogenated oil for human consumption. In addition, to align with the prevailing international standards and practices, the amendment stipulates that any prepackaged food containing hydrogenated oils, e.g. fully hydrogenated oil, must be indicated accordingly in the list of ingredients.
The amendment will be implemented in two phases. The provisions related with partially hydrogenated oil will be effective on Dec. 1, 2023, and all other provisions on Jun. 1, 2023. The amendment will be submitted to the Legislative Council on Jun. 16 for follow-up procedures.
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