Cap. 132 sub. leg. BU

Slaughterhouses Regulation(78 of 1999 s. 7)(Cap. 132, section 77)(Enacting provision omitted—E.R. 3 of 2022)[19 April 1991](Format changes—E.R. 3 of 2022) Part I Preliminary 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7) authorized officer (獲授權人員) means—(a) a health inspector; and (b) a public officer appointed under section 4(1); (78 of 1999 s. 7)carcass (屠體) means the body of a dead food animal; condemned meat and offal (不合格的肉類及什臟) means any carcass, or part of a carcass, which has been found to be unfit for human consumption by an authorized officer under this Regulation; (78 of 1999 s. 7)Director (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7)dressed carcass (去臟的屠體) means, in respect of a bovine animal, sheep or soliped, a carcass from which the offal, hide and head have been removed and, in respect of a swine or goat, a carcass from which the offal has been removed; entry permit (入場許可證) means an entry permit issued under section 32(1); (78 of 1999 s. 7)food animal (食用牲口) means live bovine animal, swine, goat, sheep or soliped; lairage (牲口欄) means a part of a licensed slaughterhouse which is used for the confinement of food animals, and includes a reception lairage for admission of food animals into the licensed slaughterhouse, a waiting lairage for the confinement of food animals awaiting slaughter, and an isolation lairage for the confinement of food animals in segregation from other food animals in the licensed slaughterhouse; licence (牌照) means a licence issued under section 9(1); (78 of 1999 s. 7)licensed slaughterhouse (持牌屠房) means a slaughterhouse in respect of which a licence has been issued under section 9; (78 of 1999 s. 7)licensee (持牌人) means a person to whom a licence has been issued; offal (什臟) means any part of a carcass which is removed therefrom during the process of dressing it, but does not include the hide or skin; register (登記冊) means a register maintained by a licensee under section 7(1). (78 of 1999 s. 7)(78 of 1999 s. 7) 4. Appointment of authorized officers (1) The Director may appoint in writing any public officer as an authorized officer for the purpose of such provisions of this Regulation as the Director may specify. (2) An authorized officer shall, in the exercise of his powers and the performance of his duties under this Regulation, comply with any directions given to him by the Director. (78 of 1999 s. 7) 5. Slaughtering of food animals for human consumption (1) No person shall—(a) slaughter any food animal; or (b) dress any carcass, for human consumption except in a licensed slaughterhouse. (2) Notwithstanding subsection (1), the Director may authorize in writing the slaughtering or dressing of any food animal or carcass for human consumption in a place other than in a licensed slaughterhouse in such manner and subject to such conditions as he thinks fit. (78 of 1999 s. 7) 6. Examination fees (1) A licensee shall pay to the Director, being the prescribed examination fee, in respect of each food animal examined under section 15(1) or each carcass or dressed carcass and offal examined under section 21(1). (L.N. 472 of 1994) (2) A licensee shall pay the fees payable under subsection (1) within 14 days after the issue to him of a demand note for the fees which have been incurred. (3) (Repealed L.N. 472 of 1994) (78 of 1999 s. 7) 7. Register to be maintained by licensee (1) A licensee shall maintain in the licensed slaughterhouse a register, in the form as set out in Schedule 2, in which he shall record each day the details of examinations made under sections 15(1) and 21(1) during that day. (78 of 1999 s. 7)(2) Each page of the register shall be consecutively numbered. (3) Each daily entry in the register shall be signed by the licensee and countersigned by an authorized officer. (4) The licensee shall notify an authorized officer of any alteration which he makes to the register and shall obtain the signature of the authorized officer against the alteration. (5) The licensee shall keep any record made under subsection (1) and keep the same available for inspection for at least 2 years after the day to which it relates. (78 of 1999 s. 7) 8. Power to inspect register A licensee shall, upon being requested to do so by the Director or an authorized officer, produce the register to the Director or the authorized officer for inspection. (78 of 1999 s. 7) Part II Licensing 9. Licence for operation of a slaughterhouse (1) No person shall use or occupy any premises as a slaughterhouse, except under and in accordance with a licence issued by the Director upon payment of the prescribed fee according to the maximum number of animals permitted to be slaughtered in the premises.(2) A licence shall be subject to such conditions and restrictions as may be imposed by the Director under section 125(1) of the Ordinance. (3) A licence shall be valid for a period of 12 months from the date of issue and may be renewed upon payment of the prescribed fee according to the maximum number of animals permitted to be slaughtered in the premises. (4) Where the Director is satisfied that a licence is lost or destroyed, the Director may upon payment of the prescribed fee issue a duplicate.(L.N. 110 of 1995; 78 of 1999 s. 7) 10. Application for licence other than on renewal (1) Every application for a licence shall be made in writing and be accompanied by 3 sets of plans, as nearly as may be to scale, of the whole of the premises to which the licence will relate and such plan shall include such particulars and shall be accompanied by such further particulars as may be required by the Director. (2) Every set of plans, or any modification thereof, which is approved by the Director, shall be endorsed to that effect by the Director and one set shall be returned to the applicant and the remaining 2 sets shall be retained by the Director.(3) No licence shall be issued to an applicant until the Director is satisfied that the premises to which the application relates conform to the plans approved under subsection (2). (78 of 1999 s. 7) 11. Restriction on alteration of premises After the issue or renewal of a licence, no licensee shall, without the written consent of the Director, make or cause or permit to be made in respect of the premises to which the licence relates, any alteration or addition which would result in a material deviation from the plans approved under section 10(2).(78 of 1999 s. 7) Part III Admission of Animals 12. Restriction on admission (1) No person shall bring into or keep in any licensed slaughterhouse—(a) any animal other than a food animal; (b) any food animal for any purpose other than for slaughter for human consumption, except with the consent of an authorized officer; and (c) any carcass except as provided in subsection (2).(2) A person may bring a carcass into a licensed slaughterhouse for examination under section 21(1) if—(a) the carcass has been bled; and (b) it is accompanied by a certificate from an authorized officer and, in the case of soliped sent in by the Hong Kong Jockey Club, by a Veterinary Officer appointed by that Club, stating— (59 of 2000 s. 3)(i) the exact time and date of killing and bleeding;(ii) the reason for the slaughter of the food animal; (iii) that, to his knowledge, the food animal was not slaughtered by reason of disease or is not for any other cause unfit for human consumption; and (iv) that, to his knowledge, no drug which could affect the fitness of the carcass (including the offal) for human consumption was administered to the food animal before it was slaughtered. (78 of 1999 s. 7) 13. Admission form to be completed A licensee shall report to an authorized officer on a daily basis the details of food animals and carcasses brought into his licensed slaughterhouse by completing a form as set out in Schedule 4. 14. Refusal of food animal admission (1) An authorized officer may refuse, or direct the licensee to refuse, to admit a food animal to a licensed slaughterhouse if in his opinion there is insufficient accommodation available in the licensed slaughterhouse for the food animal. (2) No licensee shall, except in accordance with subsection (1) or where there is other lawful excuse, refuse the admission of a food animal into a licensed slaughterhouse for slaughter. (78 of 1999 s. 7)(3) No licensee shall refuse admission of a food animal solely on account of its place of origin. 15. Power of authorized officer to examine and cause segregation of food animals (1) The Director may require any food animal admitted to a licensed slaughterhouse to be examined by an authorized officer. (78 of 1999 s. 7)(2) If an authorized officer has reason to believe that a food animal admitted to a licensed slaughterhouse is suffering from disease, contamination or injury, he may direct the licensee to segregate the food animal from the other food animals and detain it in an isolation lairage of the licensed slaughterhouse. (3) No person shall remove any food animal from the isolation lairage of a licensed slaughterhouse without the permission of an authorized officer. 16. Segregated food animals may be slaughtered (1) An authorized officer may cause a food animal which has been segregated under section 15 to be slaughtered in isolation. (2) Where a food animal is slaughtered under subsection (1), the authorized officer shall notify the licensee or his manager of the slaughter and the licensee or his manager shall inform the owner of the food animal. (3) An authorized officer may cause the carcass, the whole or part of the dressed carcass or the offal of a food animal which is slaughtered under subsection (1) and found to be unfit for human consumption under section 21(1) to be destroyed in such manner as he thinks fit.(78 of 1999 s. 7) 17. Prohibition of removal of food animals Except with the permission of an authorized officer, no person shall take out alive a food animal which has been brought into a licensed slaughterhouse. Part IV Slaughter and Examination 18. Method of killing (1) Subject to subsection (2), no licensee shall permit the killing of a food animal in his licensed slaughterhouse unless the food animal has first been rendered unconscious by means of a captive bolt pistol or electric stunner in proper repair and working order or by any other means which have been approved by the Director. (2) The Director may authorize the slaughter of a food animal in a licensed slaughterhouse by any method specially required by any religion and no licensee shall deny a religious community such slaughtering facilities. (78 of 1999 s. 7) 19. Slaughtering only in approved places No person shall slaughter a food animal in any part of a licensed slaughterhouse other than those parts which are shown in the relevant plans approved by the Director under section 10(2) for slaughter of food animals of that kind. (78 of 1999 s. 7) 20. Application to licensee for slaughtering services (1) Any person who requires slaughterhouse services or desires to use the facilities of a licensed slaughterhouse for the purpose of slaughtering shall make written application to the licensee. (2) Except as provided for in section 14, no person shall be refused slaughterhouse services or the use of the facilities in a licensed slaughterhouse for slaughtering his food animals during those hours which have been approved by the Director for that purpose. (78 of 1999 s. 7) 21. Examination and disposal of carcass, dressed carcass and offal (1) An authorized officer shall examine the carcass, or dressed carcass and offal of every food animal which is slaughtered in a licensed slaughterhouse or which is brought into a licensed slaughterhouse under section 12(2) and shall detain the carcass or the whole or part of the dressed carcass or offal if in his opinion it is unfit for human consumption. (2) An authorized officer may cause the carcass or the whole or part of the dressed carcass or offal detained under subsection (1) to be destroyed in such manner as he thinks fit. (78 of 1999 s. 7) Part V Marking and Transportation of Slaughtered Food Animals 22. Authorized officer to mark dressed carcass and offal fit for human consumption (1) An authorized officer who examines any dressed carcass or offal under section 21(1) shall, if he is satisfied that it is fit for human consumption, apply to it the appropriate mark specified in Schedule 5. (2) No person, other than an authorized officer in accordance with subsection (1), shall mark any dressed carcass or offal with a mark specified in Schedule 5. (3) No person shall mark any dressed carcass or offal with a mark so closely resembling a mark specified in Schedule 5 as to be likely to mislead. (78 of 1999 s. 7) 23. Removal of carcass, unmarked dressed carcass or offal prohibited (1) Except for disposal in accordance with sections 30 and 31, or with the consent of an authorized officer, no person shall remove from a licensed slaughterhouse—(a) any carcass; or (b) any dressed carcass or offal which has not been marked in accordance with section 22(1). (2) A consent given by an authorized officer under subsection (1) shall be in writing and shall specify the reason why it is given. (78 of 1999 s. 7) 24. Carcass, dressed carcass or offal may be seized and destroyed if this Regulation contravened (1) An authorized officer may seize and detain any carcass, dressed carcass or offal if he suspects on reasonable grounds that an offence under section 22(2) or (3) or 23(1) has been committed in relation to such carcass, dressed carcass or offal. (2) An authorized officer may cause a carcass or the whole or part of any dressed carcass or offal seized and detained under subsection (1) to be destroyed in such manner as he thinks fit. (78 of 1999 s. 7) 25. Requirements for transportation of dressed carcass and offal (1) No person shall transport, and no licensee shall permit to be transported from a licensed slaughterhouse, the whole or part of a dressed carcass or offal except in a motor vehicle approved in writing by an authorized officer and subject to the requirements specified in Schedule 6. (2) Notwithstanding subsection (1), an authorized officer may give consent to transportation by other means of conveyance subject to such conditions as he thinks fit. (3) Any approval given by an authorized officer under subsection (1) or (2) may be withdrawn at any time upon written notice. (78 of 1999 s. 7) Part VI General Requirements for a Licensed Slaughterhouse 26. Lighting A licensee shall install and maintain—(a) adequate lighting in the licensed slaughterhouse to the satisfaction of the Director; (b) artificial lighting of an overall intensity of at least 220 lux if artificial lighting is provided in the slaughterhall or workrooms of the licensed slaughterhouse; and (c) artificial lighting of an overall intensity of at least 550 lux if artificial lighting is provided in any place in the licensed slaughterhouse where examinations are carried out under section 21(1). (78 of 1999 s. 7) 27. Maintenance of drains and cleanliness A licensee shall keep—(a) the drains provided in or in connection with the licensed slaughterhouse in proper and efficient working order; (b) all appliances, instruments, equipment and fittings clean and in good repair and condition; (c) clean all the windows, ceilings, floors, walls, and all other interior surfaces and parts of any slaughterhall, offal cleaning room, dressed carcass hanging room or workroom; (d) all toilets and sanitary fitments clean and in good repair and condition; (e) every lairage in the licensed slaughterhouse clean and in good repair and condition; and (f) every sterilizer clean and in good working order. 28. Person suffering from infectious disease No licensee shall cause, suffer or permit any person whom he knows or has reason to believe to be suffering from any infectious disease to enter into his licensed slaughterhouse or to take part in the slaughtering of any food animal for human consumption or in the handling or transportation of the dressed carcass or offal of such food animal. Part VII Disposal of Carcass, Condemned Meat and Offal and Waste Matter of Food Animal 29. Licensee’s general duty to dispose of condemned meat and offal, etc. (1) Subject to sections 16(3), 21(2) and 24(2), a licensee shall in accordance with sections 30 and 31 dispose of all condemned meat and offal arising from examination of the carcasses or dressed carcasses or offal of food animals. (2) A licensee shall in accordance with sections 30 and 31 dispose of—(a) any food animal found dead before slaughter with the exception of a carcass brought to the licensed slaughterhouse for examination under section 12(2); (b) the blood of a food animal other than that collected for edible purposes from a slaughtered food animal under hygienic conditions which satisfy an authorized officer; (c) loose hairs, bristles, stomach contents and other unwanted parts of a carcass and waste matter obtained from a slaughtered food animal; and (d) all food animal manure and other refuse, garbage or filth generated in his licensed slaughterhouse. (78 of 1999 s. 7) 30. Collection, storage and removal (1) A licensee shall—(a) upon the completion of the slaughtering of any food animal or the dressing of any carcass in the licensed slaughterhouse cause all waste to be collected and deposited in impervious covered containers; (b) cause each container to be thoroughly cleaned immediately after it has been used for collection, removal and disposal; and (c) cause each container when not in actual use to be kept clean. (2) A licensee shall keep or cause to be kept all carcasses and condemned meat and offal waiting for disposal under refrigeration. (3) A licensee shall cause all waste mentioned in section 29 to be removed from the licensed slaughterhouse as soon as possible but in any case not exceeding 24 hours after generation. (78 of 1999 s. 7) 31. Disposal Save with the prior consent in writing of the Director, a licensee shall only dispose of the waste referred to in section 29 at places and by methods which are in accordance with written directives given by the Director. (78 of 1999 s. 7) Part VIII Maintenance of Order 32. Restriction of entry into licensed slaughterhouses (1) No person, other than the licensee or his employee, shall enter, remain in or take a motor vehicle into a licensed slaughterhouse without a valid entry permit for himself, and for the vehicle (if any), issued by the licensee of the licensed slaughterhouse. (2) A licensee of a licensed slaughterhouse may issue an entry permit subject to such conditions as he thinks fit. (3) The person to whom an entry permit has been issued shall, while he enters, remains in or takes a motor vehicle into a licensed slaughterhouse, affix in a prominent position to his outer clothing and the windscreen of the motor vehicle (if any) the appropriate entry permit such that the details shown on the entry permit are clearly visible. (4) The licensee, his employee or agent may order a person without an entry permit for himself to leave the licensed slaughterhouse and remove or cause to be removed therefrom the motor vehicle (if any) the person takes in. (5) The licensee, his employee or agent may order a person with an entry permit for himself to remove or cause to be removed therefrom any vehicle which the person takes in if it is without an entry permit. (6) If a person fails to comply with an order under subsection (4) or (5), the licensee or his employee or agent may remove or cause to be removed from the licensed slaughterhouse the person or the motor vehicle as the case may require. (78 of 1999 s. 7) 33. Issue and cancellation of entry permit No licensee shall refuse to issue or cancel an entry permit except with the written consent of an authorized officer who is satisfied that it is necessary to do so for the efficient operation of the licensed slaughterhouse. 34. Obedience to orders (1) A person who is employed by a licensee or who is permitted by a licensee to work in a licensed slaughterhouse shall obey every lawful order given to him by the licensee or by an authorized officer and shall at all times conduct himself in the licensed slaughterhouse in an orderly manner. (2) If a person fails to comply with an order given to him under subsection (1), the licensee, his employee or agent may require, with the consent of an authorized officer, the person to leave the licensed slaughterhouse forthwith. (78 of 1999 s. 7) 35. Prohibition of spitting or causing nuisance No person shall spit or cause a nuisance within a licensed slaughterhouse. Part IX Miscellaneous 36. Offences Any person who contravenes section 5(1), 7, 8, 9(1), 11, 12(1), 13, 14(2), 15(3), 17, 18, 19, 20(2), 22(2) or (3), 23(1), 25(1), 26, 27, 28, 29, 30, 31, 32(1), (3) or (4), 33, 34(1) or 35 commits an offence. (78 of 1999 s. 7) 37. Penalties (1) Any person who commits an offence under section 5(1), 9(1), 22(2) or (3) or 23(1) is liable to a fine at level 5 and to imprisonment for 6 months and, in the case of a continuing offence, is liable, in addition, to a fine of $600 for each day during which it is proved to the satisfaction of the court that the offence has continued. (2) Any person who commits an offence under this Regulation (other than section 5(1), 9(1), 22(2) or (3) or 23(1)) is liable to a fine at level 4 and to imprisonment for 6 months and, in the case of a continuing offence under section 26, 27, 30 or 31, is liable, in addition, to a fine of $300 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 27 of 1996; L.N. 177 of 1996; 78 of 1999 s. 7) 38. Saving Nothing in this Regulation shall derogate from or in any way affect the provisions of the Public Health (Animals and Birds) Regulations (Cap. 139 sub. leg. A), the Prevention of Cruelty to Animals Ordinance (Cap. 169) or the Firearms and Ammunition Regulations (Cap. 238 sub. leg. A). (78 of 1999 s. 7; E.R. 3 of 2022) 39. Name in which proceedings for offences may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to such offences, a prosecution for any offence under any of the provisions of this Regulation may be brought in the name of the Director.(L.N. 362 of 1997; 78 of 1999 s. 7) 40. (Omitted as spent—E.R. 3 of 2022) 41. (Repealed 78 of 1999 s. 7) Schedule 1 (Repealed L.N. 472 of 1994) Schedule 2 [s. 7] (a) Form of Register for Examinations under Section 15(1)Page No. . 1. Name of Licensee Licence Number 2. Date 3. Number of bovine animals examined during day 4. Number of swine examined during day 5. Number of other food animals examined during day 6. Signature of Licensee 7. Signature of authorized officer (b) Form of Register for Examinations under Section 21(1)Page No. . 1. Name of Licensee Licence Number 2. Date 3. Number of bovine carcasses (including offal) examined during day 4. Number of swine carcasses (including offal) examined during day 5. Number of other food animal carcasses (including offal) examined during day 6. Signature of Licensee 7. Signature of authorized officer (78 of 1999 s. 7) Schedule 3 (Repealed L.N. 110 of 1995) Schedule 4 [s. 13]Statement as to Admission of Food Animals and Carcasses to Licensed Slaughterhouse To: The Authorized Officer, Slaughterhouse Pursuant to section 13 of the Slaughterhouses Regulation, I hereby supply the following information concerning food animals and carcasses brought into the licensed slaughterhouse within the previous 24 hours— 1. Date of admission 2. Type of food animals Country of origin Number 3. Type of carcasses Country of origin Number 4. Signature of Licensee (78 of 1999 s. 7) Schedule 5 [s. 22(1)](78 of 1999 s. 7)Marks to be Applied to Dressed Carcasses and Offal of Slaughtered Food Animals Parts to be marked Details of mark Diagram of mark Dressed carcass 50 mm diameter Serial number in middle of stamp Offal:(i) liver(ii) tongue (in case of bovine animals only) 30 mm diameter (E.R. 3 of 2022) Schedule 6 [s. 25(1)](78 of 1999 s. 7)Requirements for Transportation of Dressed Carcasses and Offal 1. The motor vehicle shall be clean and free from refuse, dirt, or other offensive matter. 2. No other article or matter other than dressed carcasses and offal shall be conveyed in the motor vehicle. 3. The motor vehicle shall not, whether at the time when it is transporting any dressed carcass or offal, or at any other time, be used for the transportation of any food animal or anything likely to contaminate the dressed carcass or offal. 4. Dressed carcasses and offal shall be conveyed within the meat conveying compartment of the motor vehicle in such manner as to ensure that the dressed carcasses and offal are kept clean. 5. Every door or window of the meat conveying compartment of the motor vehicle shall be kept properly closed while the motor vehicle is in motion. 6. Persons engaged in the delivery or portering of dressed carcasses and offal to and from the motor vehicle shall wear clean and washable protective clothing and head covering. 7. Persons loading or unloading dressed carcasses or offal from a motor vehicle or who are upon such motor vehicle while it is transporting dressed carcasses or offal shall not spit or smoke. 8. No person shall be in the conveying compartment of any motor vehicle approved for the transportation of dressed carcasses and offal except for the purpose of loading or unloading dressed carcasses or offal or for the cleaning and maintenance of the motor vehicle.