7. Importation Requirements

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7. Importation Requirements

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Beers and RTDs
Hong Kong

This section provides information on the importation process (shipment, customs, licenses required, and test requirements).

7.1 Shipment Declaration

General Food

Any person who imports or exports any articles, other than exempted articles, is required to do accurate and complete import/export declarations within 14 days after the importation/exportation of the article.

Food importers, through close liaison with exporting countries, are responsible for ensuring that the food items they procure comply with the Hong Kong legislation. To help ensure hygienic standards of food, importers are encouraged to obtain health certificates issued by issuing entities of countries of origin to accompany their imports certifying that the food products concerned are fit for human consumption.

The Food Safety Ordinance (Chapter 612, Sections 4 and 5 of the Ordinance) [1] requires any person who carries on a food importation/ distribution business to register with the Director of Food and Environmental Hygiene (DFEH) as a food importer/ food distributor.

Category

Alcoholic drinks [2]

The category of "alcoholic drinks" should comply with the shipment declaration requirements described for "General Foods" above. Additionally, the below applies:

Certificates of origin for imported liquors

The Commissioner may require any imported intoxicating liquor for which a standard of quality is prescribed to be accompanied by a certificate (hereinafter in these regulations called a certificate of origin) from the place where the liquor was made certifying the type, nature, and quality of that liquor.

In these regulations, a certificate of origin (產地來源證) includes any certificate, in whatever form, which satisfies the above definition, and includes a certificate of age.

Restrictions on the movement of certain liquors

If any intoxicating liquor—

is not accompanied by the certificate of origin required by the above; or
is found on analysis to differ materially in nature or quality from that specified in the certificate of origin; or
is not of the standard of quality, if any, prescribed by these regulations for that type of liquor, a permit shall not be issued for the removal of the liquor from the place where it may be, except—
1. to a ship, or from one ship to another, for export; or
2. to a warehouse or from a warehouse to another warehouse; or
3. to any other place, if the liquor is for the private consumption of the importer, but only in such quantities as the Commissioner may determine; or
4. from a warehouse, after the liquor has, to the satisfaction of the Commissioner, been manufactured; or
5. from a warehouse, after the liquor, not being brandy or whisky, has, to the satisfaction of the Commissioner, been repacked or relabeled; or
6. for the removal of the liquor that would, but for the fact that it contains an alcoholic strength of less than 36% by volume at 20°C, be of the standard of quality prescribed by these regulations for brandy if the Commissioner is of the opinion that that liquor is a very old liqueur brandy.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

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

Same as "Category" (alcoholic drinks) above.

7.2 Customs Procedure

General Food

The basic food law in Hong Kong is laid down in Part V (Food and Drugs) of the Public Health and Municipal Services Ordinance, Cap. 132 [3]. The Food and Environmental Hygiene Department is responsible for implementing territory-wide policies of food safety control and enforcing the food legislation.

To ensure hygienic standards of food, importers are encouraged to obtain health certificates issued by health authorities of countries of origin to accompany their imports certifying that the food products concerned are fit for human consumption. In addition, there are specific legal requirements or administrative arrangements for the import of the following food items:

Game, meat, and poultry
Milk and milk beverages
Frozen confections
Food containing added coloring matter
Food containing metals
Food containing artificial sweeteners
Food containing aflatoxins, erucic acid, or other prohibited substances
Food containing preservatives or antioxidants

Category

Alcoholic drinks

Any person who imports, exports, stores, or manufactures dutiable commodities is required to possess a relevant license. Failure to do so may result in prosecution, with a maximum penalty of a $1,000,000 fine and two years of imprisonment.

Licenses come in three types:

Import and Export Licence--for the import or export of the type(s) of dutiable commodities specified;
Manufacturer's Licence--for the manufacture of the type(s) of dutiable commodities specified;
Public Bonded Warehouse Licence, General Bonded Warehouse Licence, or Licensed Warehouse Licence--for the storage of the type(s) of dutiable commodities specified.

Note: Application for a license to sell liquor for immediate consumption on the premises where it is sold should be made to the appropriate Liquor Licensing Board of the Food and Environmental Hygiene Department. Inquiries can be made to:
(A) Liquor Licensing Board of the Food and Environmental Hygiene Department (for the premises in the urban area), Tel.: 2879 5779 or 2729 1126.
(B) Liquor Licensing Board of the Food and Environmental Hygiene Department (for the premises in the New Territories), Tel.: 2601 8232.

For certificates of origin for imported liquors, please refer to Section 7.1 above.

Product

1) Beer

No license or permit is required for the import, export, or removal of the zero-rated duty liquors. Zero rate duty liquors refer to Liquor, other than wine, with an alcoholic strength of not more than 30% by volume measured at a temperature of 20℃.

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

No license or permit is required for the import, export, or removal of the zero-rated duty liquors.

7.3 Manufacturing License

General Food

No manufacturing license is required for importation.

Licenses come in three types:

Import and Export Licence--for the import or export of the type(s) of commodities specified;
Manufacturer's Licence--for the manufacture of the type(s) of commodities specified;
Public Bonded Warehouse Licence, General Bonded Warehouse Licence, or Licensed Warehouse Licence--for the storage of the type(s) of commodities specified.

Category

Alcoholic drinks

Products with an alcohol content of less than 30 percent by volume do not require a license or permit for import, export, manufacture, storage, or distribution.

Beverages with an alcohol content of more than 30 percent by volume measured at a temperature of 20 degrees Celsius are subject to licensing and permit control. Only licensed importers are eligible to import these products and an import permit is required for each shipment prior to arrival.

Wine and spirit shipments to Hong Kong do not require a health certificate. However, the Hong Kong Center for Food Safety encourages shipments, regardless of food/beverage type, to include health certificates.

Note: Application for a license to sell liquor for immediate consumption on the premises where it is sold should be made to the appropriate Liquor Licensing Board of the Food and Environmental Hygiene Department. Inquiries can be made to:
(A) Liquor Licensing Board of the Food and Environmental Hygiene Department (for the premises in the urban area), Tel.: 2879 5779 or 2729 1126.
(B) Liquor Licensing Board of the Food and Environmental Hygiene Department (for the premises in the New Territories), Tel.: 2601 8232.

Product

1) Beer

Products with an alcohol content of less than 30 percent by volume do not require a license or permit for import, export, manufacture, storage, or distribution.

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

Products with an alcohol content of less than 30 percent by volume do not require a license or permit for import, export, manufacture, storage, or distribution.

7.4 Test for Importation

General Food

No specific tests are required to be conducted to support the importation process.

Category

Alcoholic drinks

Same as "General Foods" above.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

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

Same as "Category" (alcoholic drinks) above.

7.5 Other Notes or Requirements for Importation

None.

7.6 Overview Flowchart for Importation Process

General Food

Hong Kong pursues a free trade policy and does not maintain barriers to trade [4]. There are no restrictions on the right to operate the import and export of goods. Nonetheless, the import and export of goods must comply with certain regulations and clearance procedures.

Import and Export Clearance

In general, all cargoes imported into / exported from Hong Kong via air, land, and sea are subject to customs control which is done primarily through inspection of clearance documents, including:

Manifests;
Import/export license or removal permit (if required);
Copy of detention notice (if applicable); and/or
Other supporting documents such as bill of lading, airway bill, invoice, and packing.

Food importers, through close liaison with exporting countries, are responsible for ensuring that food items they procure comply with the local legislation. To help ensure hygienic standards of food, importers are encouraged to obtain health certificates issued by issuing entities of countries of origin to accompany their imports certifying that the food products concerned are fit for human consumption.

The Food Safety Ordinance (Chapter 612) [1] Sections 4 and 5 require any person who carries on a food importation/distribution business to register with the Director of Food and Environmental Hygiene (DFEH) as a food importer/food distributor.

Category

Alcoholic drinks

Same as "General Foods" above.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

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

Same as "Category" (alcoholic drinks) above.