6. Registration Processes

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6. Registration Processes

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Beers and RTDs
Hong Kong

This section provides information on any product notification or registration and manufacturing site registration processes.

6.1 Product Notification

Product notification is not required.

6.2 Product Registration

Product registration is not required.

6.3 Other Notes or Requirements

Product Notification

N/A.

Product Registration

N/A.

6.4 Manufacturing Site Registration

General Food

Restaurants, bakeries, cold stores, factory canteens, food factories, temporary food factories, fresh provision shops, frozen confection factories, milk factories, siu mei and lo mei shops, and composite food shops based in Hong Kong are required to obtain a factory license from the Food and Environmental Hygiene Department (FEHD) [1]. Factory licenses [2] are only issued to food premises if they conform to the prescribed safety and hygiene standards laid down by law.

Note: FEHD also issues permits for the sale of restricted foods, such as non-bottled drinks, frozen confections, milk and milk beverages, cut fruit, Chinese herb tea, leung fan, sushi, sashimi, oysters to be eaten in raw state, meat to be eaten in raw state, live fish, shell fish, shell fish (hairy crab) and food sold by means of vending machines, and for operating karaoke establishments in restaurants. Alcoholic beverages are not restricted food and their sale is not required to have an FEHD permit.

Application Procedure

The application should be made by submitting a standard application form (FEHB 94), a declaration on premises in compliance with Government lease conditions (FEHB 192), and 3 copies of a proposed layout plan of the premises (drawn to scale and in metric unit) to Assistant Secretary (Other Licences) of Licensing Office concerned (see Appendix I of reference link 3) [3].

The standard forms are obtainable from all Licensing Offices and District Environmental Hygiene Offices and can be downloaded from the website of the Food and Environmental Hygiene Department at http://www.fehd.gov.hk/english/forms/index_forms.html.

The application should contain the following:

the class of license applied for;
full address of the premises under application for a license including the name of the street, number of the premises, name of the building, and the flat number, etc. to avoid postal misdelivery;
the name, correspondence address, and telephone number of the applicant; if the applicant is a corporation, the name and address of the corporation and the name and home address of the managing director and authorized person;
the type of heating equipment and the type of fuel intended to be used; and
whether an air-conditioning system is to be installed in the factory; if so, the type and working capacity of such installation.

The application must be signed by the applicant personally. A license may be issued in the name of a person or a corporation.

The application will be considered by the Licensing Authority, the Fire Services Department, and other Government departments concerned. The applicant must also not start the business before obtaining the license from the Licensing Authority, otherwise, he will be liable to prosecution.

Category

Alcoholic drinks

A Food Factory license is required for the manufacture of alcoholic drinks in Hong Kong. Imported products do not need the producing factory outside of Hong Kong to have a license.

Product

1) Beer

A Food factory license is required to manufacture beer in Hong Kong.

2) Ready-to-drink beverages (mainly Chuhai)

A Food Factory license is required for the manufacture of ready-to-drink beverages in Hong Kong.

6.4.1 Standard/Rules for Manufacturing Site

General Food

This is only applicable to manufacturing sites located in Hong Kong.

There shall be legibly and permanently marked on the outside of every factory, in letters and characters at least 75 mm high, the words “LICENSED FACTORY FOR” and “領有牌照工廠”.

Factory construction

Every factory shall be enclosed, constructed, maintained, and cleansed to the satisfaction of the Authority [2].

Unnecessary articles prohibited in factory

Except with the express permission of the Commissioner, nothing but goods and materials for manufacture shall be brought into a factory [4]. Reference of good material would be:

Floors in kitchens and food rooms should:
1. be surfaced with non-slippery, light-colored, non-absorbent and easily cleaned and durable materials (e.g. mosaic tiles);
2. be coved at the junctions with walls; and
3. be sloped towards a floor drain.
Carpets and mats made of absorbent materials should not be provided in food rooms, food storage areas, toilets, and other wet areas. The use of duckboards is not allowed.

Manufacture to be wholly within the factory

Goods shall be manufactured wholly within a factory and shall not be removed therefrom until their manufacture is complete, and dutiable goods shall not be removed therefrom except in accordance with a permit or with the written permission of the Commissioner.

Storage

All goods in a factory shall be stored to the satisfaction of the Commissioner and manufactured goods shall be stored apart from unmanufactured goods and dutiable goods shall be stored apart from duty-paid goods.

Manufacturers’ books

In every factory (in Hong Kong) the manufacturer shall, to the satisfaction of the Commissioner, keep and, at least once on any day on which manufacturing is carried out in that factory, make due entry of the particulars prescribed in a stock book and a factory book which shall be in such form as the Commissioner may specify (not defined in the legislation).

Category

Alcoholic drinks

In addition to the requirements described above for "General Food", the following applies:

Breweries [1]

Construction

The licensed premises shall be enclosed by walls or fences to the satisfaction of the Commissioner.

The door of each portion of the premises shall carry on the outside thereof a permanent description in English and Chinese of the purpose for which such portion is used which use shall be in accordance with the plans submitted to the Commissioner together with the application upon which the license appertaining to the said premises was issued.

No structural alteration of the premises, or change in the use to which any portion of the premises is put, shall be made without the consent in writing of the Commissioner.

Every part of the premises shall be illuminated to the satisfaction of the Commissioner.

The premises shall at all times be kept in good and substantial repair and in sanitary condition to the satisfaction of the Commissioner.

The licensee shall provide and maintain in the premises, to the satisfaction of the Commissioner, office accommodation, with all necessary furniture, writing materials, heating and cooling equipment, cleaning and lighting, and lavatory accommodation, for the use of members of the Customs and Excise Service on duty at the premises.

No charge shall be levied for the facilities' inspection.

Business

Except with the consent in writing of the Commissioner, no business other than the licensee’s business of brewing or making beer shall be carried on within the premises and no intoxicating liquors other than beer brewed or made on the premises shall be brought upon or stored in the premises.

Machinery, etc.

All machinery, apparatus, utensils, vessels, or receptacles used in the brewing or making, maturing, or storing of beer shall be of a type, design, or capacity, as the case may be, approved by the Commissioner and shall, unless he shall otherwise authorize, be so placed or fixed as to admit of the contents being readily and accurately ascertained by gauge or measure and shall not be altered in structure, shape, position or capacity, as the case may be, without the consent in writing of the Commissioner.

The name of every utensil, vessel, or receptacle according to the purpose for which it is intended shall be legibly painted and kept so painted, upon some conspicuous part of every utensil, vessel, or receptacle used for the brewing or making or maturing of beer and the normally full capacity thereof shall be painted thereon in like manner. If more than one utensil, vessel, or receptacle is used for the same purpose, each shall be distinguished by a serial number.

All vessels or receptacles, other than bottles and cans, used for the storage of beer shall have their normal full capacity clearly marked upon them.

All machinery, apparatus, utensils, vessels, or receptacles of every kind shall be kept in a clean and sanitary condition to the satisfaction of the Commissioner.

Weights and measures

The licensee shall provide and maintain upon the premises, and permit any and every member of the Customs and Excise Service to use, sufficient and just beams, scales, or weighing machines and standard weights, gauges, and measures (including glass measures graduated in milliliters for the determination of the contents of bottles, and also a cask or vessel capable of containing the contents of the largest cask or container intended to be sent out from the brewery) and other necessary and reasonable appliances to the satisfaction of the Commissioner.

Brewing book

The licensee shall keep on the licensed premises, open at all times for inspection, a brewing book, in such form as the Commissioner may specify, in which he shall—keep or cause to be kept a proper account of the licensee’s business of brewing or making beer; and enter or cause to be entered such particulars in relation to that business as the Commissioner may specify.

Declaration

A licensee shall within one month of the issue of a license submit details of:

the brand names, descriptions, and labeled volume of all beer to be manufactured in the licensed premises;
the ingredients to be used for the manufacture of the beer;
the manufacturing process for each type of beer product; and
the sale price of each product.

A licensee shall notify the Commissioner of any changes to the details submitted under this regulation within 28 days of the change in the details.

Removal of beer from the brewery

Beer shall not be removed from the licensed premises until its manufacture is fully completed.

Stock books

Every licensee shall keep on the licensed premises stock books in English or Chinese, in a form approved by the Commissioner, and as soon as is reasonably possible and in any event not later than the end of the day in which the need for an entry under paragraphs (a), (aa), (b) and (c) arose, shall enter or cause to be entered therein under the appropriate date—

the quantity of grain, molasses, sugar, or other fermentable material received on the premises, and the weight of any such material issued for each brewing for the making of mash and wort;
the quantity of beer manufactured;
the manner in which all beer manufactured is disposed of; and
the quantity of beer removed from the premises.

Returns

The licensee shall furnish to the Commissioner on or before the 14th day of each month (or if the 14th day of any month is a general holiday, on the next working day) a return, in such form, and containing such particulars in relation to the licensee’s business of brewing or making beer, as the Commissioner may specify. Note: not applicable to imported beer.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Ready-to-drink beverages (mainly Chuhai)

Same as "Category" (alcoholic drinks) above.