(2) A record must be made under this section at or before the time the food is imported.
(3) For the purposes of this section, food is acquired when the person acquiring it takes possession or control of the food.
(4) This section does not apply—
- (a) to a person who is exempted, or is in a class of persons that is exempted, under section 29;
- (b) to an acquisition of food that is imported solely for the purpose of exporting it, if—
- (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
- (c) to an acquisition of food that is imported solely in the course of business of a food transport operator.
(5) A person commits an offence if the person—
- (a) without reasonable excuse, fails to make a record in accordance with this section;
- (b) includes in a record information that the person knows is false in a material particular; or
- (c) recklessly includes in a record information that is false in a material particular.
(6) A person who commits an offence under subsection (5) is liable to a fine at level 3 and to imprisonment for 3 months.
23. Capture of local aquatic products
(1) A person who captures local aquatic products and who, in the course of business, supplies them in Hong Kong must record the following information about the capture—
- (a) the date or period of the capture;
- (b) the common name of the local aquatic products;
- (c) the total quantity of the local aquatic products;
- (d) the area of the capture.
(2) A record must be made under this section at or before the time the supply takes place.
(3) This section does not apply to a person who is exempted, or is in a class of persons that is exempted, under section 29.
(4) A person commits an offence if the person—
- (a) without reasonable excuse, fails to make a record in accordance with this section;
- (b) includes in a record information that the person knows is false in a material particular; or
