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Inconspicuous Display of Permit Information on Websites Selling Fresh Foods Hard for Consumers to Verify Their Legality

  • 2016.12.15

Buying fresh foods on the Internet has become popular in recent years as consumers find it convenient and time-saving.  Still risks in relation to online food safety cannot be underestimated and therefore the Government introduced a new regulation earlier this year stipulating that online shops intend to sell any of the restricted foods must obtain a relevant permit and must also provide permit information on their websites such as the permit number, business address and the restricted foods permitted for sale.  Since the regulation was introduced for almost a year, the Consumer Council surveyed 36 licensed online shops and found that the operators had inconsistent ways of displaying those permit information.  7 of the websites did not display the permit information.  In some other cases, permit information was displayed at inconspicuous places on their websites, or incorrect or incomplete permit information were displayed, making it difficult for consumers to determine whether the online shops were licensed to sell the restricted foods they were offering.

Food safety directly affects public health and therefore it is a matter to be vigorously safeguarded.  The Council calls for early improvement by the online food industry to strictly comply with the regulation.  The authority should also step up enforcement of online shops selling fresh foods, review whether permit information has been displayed according to licence requirement, and institute prosecution of unlicensed online shops.

The Council has passed the collected information to the Food and Environmental Hygiene Department (FEHD) who stated that it will take follow-up action against non-compliant websites.

As of mid-November, the FEHD has granted 125 permits, in total, to 36 online shops or online platforms selling restricted foods.  The Council reviewed all 36 websites and found inconsistent display of permit information on these websites which may confuse consumers.  7 websites did not provide their permit information as required.

Excluding the 4 websites which had not started to operate or had become inoperative, 10 websites disclosed permit information on the homepage of their website, and only 5 of them provided detailed permit information including permit numbers, registered business addresses and the categories of restricted foods the shops were permitted to sell.

Another 5 of those websites did not directly disclose permit information on the homepage of the websites, but displayed a designated icon such as "Licences and Permits", "Awards and Permits." Consumers were given detailed permit information if they clicked on those icons.  Moreover, 6 websites disclosed permit information on the page where the relevant food was sold.  The remaining 4 websites, however, disclosed permit information at relatively inconspicuous places, such as "About us", "Promotions and Discounts" or "Terms and Conditions".  Consumers may find it difficult to view or search for such information.

The Council made enquiries to the websites about the disclosure of permit information.  There were 7 websites which did not provide permit information, only 1 responded.  However subsequent improvements were observed by the Council from some of these websites.  That includes some websites which previously had failed to disclose permit information now have put all the information in place.  A website has placed the permit information at a more prominent place on the homepage. 

Apart from issues concerning display of permits, the survey also discovered that some websites were selling some restricted foods without appropriate permits.  Under the Food Business Regulation, 21 types of restricted foods are covered by the regulation, including sushi, sashimi, frozen meat, frozen confections, etc.  If online shops intend to sell these types of foods, they are required to apply for the appropriate permit covering each type of food.

Of the permits obtained by the 36 websites surveyed by the Council, it was found that there were websites selling various types of restricted foods, without acquiring all relevant permits to cover the foods they were selling.  For instance, a website selling frozen or chilled meat and poultry simultaneously must apply for two separate permits.  But some websites had applied only for one.   Some websites selling frozen confections did not have relevant permits.

The authority introduced new measures for regulation of operators and selling fresh foods online so that consumers could enjoy safe food.  Only with the concerted efforts of the Government, the industry and consumers, can food safety be enhanced.  The Council has the following recommendations for each concerned group:

Online shops selling restricted foods:

  • Disclose clearly their permit information prominently on websites for easy verification by consumers;  
  • Apply for separate permits for selling different types of restricted food;

FEHD:

  • Provide clearer definition for each type of restricted food for sale to reduce misunderstanding and disputes and make it easier for the industry to comply with requirements; 
  • Enhance checking of online shops selling restricted food, take action against non-compliant and unlicensed operators;

Consumers:

  • Purchase restricted food only from online shops who obtained relevant licences/permits;
  • Report suspicious online shops to FEHD immediately.

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