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  RP11/00-01 Regulation of Health Food in Hong Kong  8 May 2001  Prepared by Mr Jackie WU Research and Library Services DivisionLegislative Council Secretariat 5th Floor, Citibank Tower, 3 Garden Road, Central, Hong KongTelephone:(852) 2869 7735Facsimile:(852) 2525 0990Website:http://legco.gov.hk E-mail:library@legco.gov.hk   C O N T E N T S page  AcknowledgementsExecutive SummaryPart 1 - Introduction 1  Background 1 Scope of the Research 1 Methodology 1 Part 2 - Definitions of Relevant Terms in Hong Kong 2  Terms and Definitions 2 Food2 Drugs2 Health Food3 Advertisements3 Part 3 - Some Facts about Hong Kong's Health Food Market and theUse of Health Food Among Adults 5  Market Situation 5 Major Findings of a Survey of Health Food Conducted by the Department of Health in 1996 5 Major Findings of a Research Studying the Use of Health Food AmongAdults in Hong Kong in Year 2000 6  Part 4 - Existing Regulatory Framework of Health Food in Hong Kong 8  Legislation Regulating Health Food 8 Public Health and Municipal Services Ordinance (Cap. 132)8 Pharmacy and Poisons Ordinance (Cap. 138)9Chinese Medicine Ordinance (Cap. 549)9Undesirable Medical Advertisements Ordinance (Cap. 231)10 Part 5 - Some Concerns Raised in Regulating Health Food in HongKong 12  The Relevant Subsidiary Legislation to Regulate Health Food ProductsWhich Contain Chinese Medicines Has Not Yet Introduced 12 Health Food Products Making Untruthful and Exaggerated Claims 12 Regulation of Health Claims under the Undesirable Medical AdvertisementsOrdinance 13 Interpretation of Advertisement13 Prosecution Policy13Scope of Control Against Undesirable Medical Advertisements14 -------------------------------------------------------------------------------------------------------------------------- The Legislative Council Secretariat welcomes the re-publication, in part or in whole, of this research report, and also its translation in other languages. Material may be reproduced freely for non-commercial purposes, provided acknowledgement is made to the Research and Library Services Division of the Legislative Council Secretariat as the source and one copy of the reproduction is sent to the Legislative Council Library.  Part 6 - The Administration's Initial Proposal on the Regulation of Health Food 15  An Interdepartmental Task Force to Study the Need to Strengthen theRegulation of Claims Carried by Health Food 15 The Administration's Initial Proposal on the Regulation of Health Claims 15 Part 7 - Analysis 17  The Relevant Subsidiary Legislation to Regulate Health Food ProductsWhich Contain Chinese Medicines Has Not Yet Been Introduced 17  Regulation of Health Claims under the Undesirable Medical AdvertisementsOrdinance 17  Some General Comments on the Administration's Initial Proposal on theRegulation of Health Claims 17  Strengthening Public Education on the Use of Health Food 18 Appendices 19  References 25   A CKNOWLEDGEMENTS We gratefully acknowledge the assistance given to us by many peoplein this research study. In particular, we would like to thank Professor GeorgiaGuldan of the Department of Biochemistry of the Chinese University of Hong Kong,Miss Winsome Au of the Health and Welfare Bureau, Ms Priscilla To of theEnvironment and Food Bureau, and the Consumer Council for their kind assistancein providing us with valuable information.
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