The first phase of the regulation on disposable plastic products has been implemented since last week in Hong Kong. Honorary Chairman of the Paddy Seed Association, Mr. Wong Kit Lung, criticized the legislation as overly complex in an interview with a local radio station. He pointed out the significant discrepancy in defining “takeout” between the food industry licensing regulations and the disposable plastic regulations, leading to confusion within the industry and causing difficulties for frontline workers.
According to Mr. Wong, a straightforward understanding is that if a customer specifies takeout when ordering, it falls under the takeout category and disposable plastic containers and utensils can be provided. However, if a restaurant offers dine-in services and a customer opts for dine-in, the establishment should not provide disposable plastic containers and utensils. He expressed that it becomes challenging for restaurants to comply with the regulations when faced with such nuanced distinctions.
For food premises that hold food factory licenses and are only permitted to provide takeout, even if customers consume the purchased food on-site, it will still be categorized as takeout. However, the supplementary provisions in the disposable plastic products control legislation mention that eating within “adjacent main premises or areas” would also be covered by the regulations, further complicating the scenario.
Mr. Wong cited an example from one of his group’s coffee shops that holds a food factory license. On the second day of the law’s implementation, he explained to his colleagues that since the coffee shop only serves takeout, they could continue using plastic containers. However, on the fourth day, after listening to government explanations, it was indicated that even consuming food in nearby areas required plastic-free options, like using porcelain cups, causing confusion.
Expressing frustration, Mr. Wong lamented the complexities of the regulations impacting frontline workers significantly. He provided an illustration where the same plate of fish balls could be interpreted differently by varying enforcement officers. He emphasized the need for policymakers to consider diverse scenarios thoroughly before introducing policies to prevent further chaos.
The Legislative Council’s Panel on Food Safety and Environmental Hygiene held a meeting to discuss the food industry’s licensing system. Liberal Party member Shiu Kar Fai raised concerns about eateries operating in food courts with only temporary food production licenses, limiting them to offering takeout. These eateries may need to provide reusable utensils for customers to dine in the premises under the current plastic-free regulations, potentially conflicting with the regulations set by the Food and Environmental Hygiene Department. Shiu Kar Fai highlighted the case of “Kung Wo Dou Bun Chong” in 2017, which faced penalties for providing dine-in services despite holding a food manufacturing license, questioning the ability of frontline staff to handle such issues.
Deputy Director of the Environmental Protection Department, Ms. Wong Suk Han, responded by clarifying that the Food and Environmental Hygiene Department enforces regulations related to food industry licenses, while the Environmental Protection Department oversees plastic-free regulations. Both departments enforce their respective legislation, with no cross-over in enforcement responsibilities. She reiterated the authorities’ explanation following the controversy over “blind box sushi,” stating that food offered in food outlets within food courts and pre-packaged for immediate consumption can be deemed as takeout, allowing the use of plastic containers. However, if customers order on-site or if the food court provides a dining area, plastic-free options should be implemented. ◇