Liu Ma Kee row: what Hong Kong’s food labelling laws allow businesses to say
2024-07-24
Navigating the Labeling Landscape: Uncovering the Truth Behind "Made in Hong Kong"
In the ever-evolving world of consumer goods, the origin of a product has become a crucial factor in purchasing decisions. While legislation in Hong Kong does not mandate food products to be labeled with their countries of origin, experts warn that falsely claiming a product was locally produced could violate laws. This article delves into the intricacies of Hong Kong's labeling regulations, the significance of the "Made in Hong Kong" mark, and the implications for businesses and consumers alike.
Uncovering the Truth: Navigating Hong Kong's Labeling Landscape
Strengthening Enforcement, Not Tightening Laws
According to Thomas Ng Wing-yan, the chairman of the Hong Kong Food Council, the current laws in Hong Kong are sufficient, but authorities can step up checks and increase sampling to ensure businesses are not violating regulations. Ng emphasizes that the focus should be on enhancing enforcement rather than tightening the existing legal framework.The controversy surrounding the "Made in Hong Kong" mark has served to educate consumers about the strict standards associated with this designation. Businesses holding the "Made in Hong Kong" mark must have their local factories licensed by food safety authorities and adhere to extremely rigorous regulations, with more than 75% of their manufacturing line based in Hong Kong.
Upholding the Reputation of "Made in Hong Kong"
Ng believes that the recent incident involving Liu Ma Kee will not significantly damage the reputation of the "Made in Hong Kong" brand, as long as products claiming this designation meet the strict requirements. He acknowledges the brand's hard-earned reputation, which food businesses in Hong Kong have painstakingly cultivated over the years.According to the standards set by the Trade and Industry Department, for a product to be considered "locally produced," the entire process of fermentation, grinding, cooking, and drying must be completed within Hong Kong. For finished products involving materials and processing from multiple locations, they must be manufactured in Hong Kong through a process that permanently and substantially changes the shape, nature, structure, or function of the basic production materials used.
Navigating the Labeling Landscape: Accuracy and Transparency
Current Hong Kong laws do not require pre-packaged food to label their country of origin, but the Trade Description Ordinance mandates that all descriptions, including the place of origin, manufacture, production, processing, or renovation, must be accurate. This legal framework aims to protect consumers from false or misleading claims.In contrast, countries like Australia, Singapore, mainland China, and Taiwan have stricter definitions and labeling requirements for locally produced or grown food products. These regulations often include standardized logos and information about the proportion of home-grown ingredients.
Differentiating "Made in Hong Kong" and "Produced in Hong Kong"
Lawyer Vitis Leung Wing-hang explains that products labeled "Made in Hong Kong" face stricter regulation than those "produced in Hong Kong." The former requires certification from authorities and verification that the product originated in Hong Kong, while the latter can claim to be "produced in Hong Kong" without any such certificates, even if the product has undergone simple processing.Another lawyer, Albert So Man-kit, suggests that labeling the country of origin is necessary and important for exported Hong Kong products, but not necessarily for those sold locally. He notes that food safety laws for locally produced products only require businesses to list ingredients and allergens, and the descriptions must be accurate according to the Food and Drugs Regulations.
Protecting Consumers' Rights: Ongoing Efforts
The Commerce and Economic Development Bureau has acknowledged the importance of addressing unfair trade practices, including false descriptions. The bureau has stated that it will continue to review the trend of such practices and formulate timely measures to protect consumers' rights.As the landscape of product labeling continues to evolve, both businesses and consumers in Hong Kong must remain vigilant in ensuring the accuracy and transparency of claims made on food products. The "Made in Hong Kong" brand has become a symbol of quality and trust, and upholding its integrity is crucial for maintaining consumer confidence and safeguarding the rights of the Hong Kong public.