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(2) For the purposes of this Ordinance—

(a) any food commonly used for human consumption is presumed, unless there is evidence to the contrary, to be intended for human consumption;

(b) any substance capable of being used in the composition or preparation of any food commonly used for human consumption that is found on any premises or in any vessel where that food is prepared is presumed, unless there is evidence to the contrary, to be intended for human consumption.

(3) Without limiting subsection (1) or (2), this Ordinance does not apply in relation to the propagation or promotion of growth of live aquatic products in captivity.

PART 2
Registration of Food Importers and Distributors

Division 1—Requirement to be Registered

4. Requirement for food importers to be registered

(1) A person must not carry on a food importation business unless the person is registered under this Part as a food importer in respect of that business.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.

(3) Subsection (1) does not apply if—

(a) the person is specified in column 4 of Schedule 1;

(b) the person is exempted, or is in a class of persons that is exempted, under section 6 in respect of the business;

(c) food is imported solely for the purpose of export, and—

(i) the food is air transhipment cargo; or

(ii) during the period between import and export, the food remains in the vessel, vehicle or aircraft in which it was imported; or

(d) food is imported solely in the course of business of a food transport operator.