Guide to Application for Small Volume Exemption
Introduction
1. The Food and Drugs (Composition and Labelling) (Amendment: Requirements for Nutrition Labelling and Nutrition Claim) Regulation 2008 (“the Amendment Regulation”) was enacted by the Legislative Council in May 2008. The Amendment Regulation has come into operation on 1 July 2010 after a grace period of about two years.
2. The Amendment Regulation has added new Schedules 5, 6, 7 and 8 to the Food and Drugs (Composition and Labelling) Regulations, Cap.132W. Part 1 of Schedule 5 (a) lists out the energy value and nutrient content that are required to be set out in a list of nutrients on prepackaged food; (b) provides for the manner in which the energy value and nutrient content should be expressed in a list of nutrients; and (c) provides for the format of a list of nutrients.
Part 2 of Schedule 6 provides that the Director of Food and Environmental Hygiene (“DFEH”) may grant an exemption in respect of any prepackaged food from the nutrition labelling requirements of Part 1 of Schedule 5 if the DFEH is satisfied that the annual sales volume of food of the same version in Hong Kong would not exceed 30,000 units. This is so-called “Small Volume Exemption Scheme” (SVE Scheme).
3. Traders have to apply for prior approval for SVE from the Centre for Food Safety (“CFS”) of Food and Environmental Hygiene Department.