Retailer fined for supplying vegetables with false trade descriptions (with photos)

12 Mar 2010

The Customs and Excise Department (C&ED) today (March 12) reminded retailers to make sure that their organic vegetables available for sale were organically grown. Should there be any certification labels on their products, sellers should make accurate representation to comply with the Trade Descriptions Ordinance (TDO).

The reminder was issued after a vegetable stall owner pleaded guilty at Fanling Magistrates' Court yesterday (March 11) to a charge of supplying vegetables that were falsely claimed to have organic authentication by the Hong Kong Baptist University (HKBU), contrary to the TDO. The stall owner was fined $2,500.

The case occurred in Yuen Long last year. Last September, the C&ED received a complaint about a stall at Yuen Long Tai Kiu Market that was selling vegetables falsely represented as organic products. In a raid on the wet market stall, the C&ED seized 125kg of assorted organic vegetables including pumpkins, tomatoes, wax gourds, hairy melons, green cucumbers, bitter cucumbers, green radishes, carrots, potatoes, Chinese white cabbages, green Chinese cabbages and Indian lettuces bearing suspected false trade descriptions. The seized vegetables were worth about $2,450 in total.

During an on-the-spot investigation, the stall owner claimed that the vegetables originated from his organic farm which had been certified by the HKBU. A banner stating "organic vegetables, certified by the HKBU" was displayed at the stall. Subsequent investigation revealed that the stall owner's organic farm had been certified by the Hong Kong Organic Resource Centre of the HKBU, but no relevant vegetables were found growing on it. The vegetables being sold at the stall were actually sourced from other unauthenticated farms.

The Deputy Head of the Trade Descriptions and Transhipment Controls Bureau of the Customs and Excise Department, Ms Rachel Chik, said organic vegetables referred to crops produced or processed organically. As the price of organic vegetables was higher than that of ordinary vegetables, unscrupulous traders might falsely claim their products to be organic to make a higher profit. The seized vegetables were found to contain no harmful substances after examination.

"The C&ED will continue to crack down on unscrupulous retailers supplying goods with a false trade description," said Ms Chik.

Ms Chik stressed that selling or supplying goods with a false trade description, including false or misleading representations of approval by any person or organisation, was a serious offence under the TDO. Any person convicted of the offence is liable to a maximum penalty of a $500,000 fine and five years' imprisonment. She appealed to traders to abide by the law and reminded consumers to consider buying labelled organic vegetables from reputable retailers.

She also appealed to members of the public to report any suspected violations of the TDO through the Customs 24-hour hotline 2545 6182.

Ends/Friday, March 12, 2010

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