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Oscar Liu

A row over the use of imported fermented bean curd for three decades by a 119-year-old Hong Kong food producer has exposed a safety regulation loophole, experts have said.
Lawyers have now called for a review of the city’s “outdated” food safety rules after products made by long-established family firm Liu Ma Kee using bean curd from mainland China were found to have high levels of Bacillus cereus, which can cause vomiting and diarrhoea.
Hong Kong customs said it had already received complaints about the place of origin of the tofu and that containers were not required to show where the product came from under the Trade Descriptions Ordinance.
Nonetheless, officials insisted they had placed Liu Ma Kee products under scrutiny.
The Centre for Food Safety, the Customs and Excise Department and the Consumer Council are responsible for food standards in Hong Kong.
Jay Liu Fong-yip, the grandson of the family that owns Liu Ma Kee, admitted on Monday that the white fermented bean curd it used had not been produced by the company.
In fact, it had for 30 years been importing tofu from the mainland and preparing and packaging the product in the city before selling it, he said.
Liu Ma Kee fermented bean curd is sold in jars, with labels showing it is a Hong Kong brand but not the place of origin.
Retiree Kam Mei-lan, 73, a long-time customer of the brand, said she was furious and felt deceived after she learned the raw materials in Liu Ma Kee’s fermented tofu came from the mainland.
“I’m willing to pay about HK$20 [US$2.6] more for its fermented tofu only because it is the most well-known old brand,” the grandmother of two said. “I can’t believe Liu Ma Kee managed to deceive me for a whopping 30 years.”
The company, headquartered on Min Street in Yau Ma Tei, is well-known for its fermented tofu and a variety of sauces. It is recognised as a heritage business by the Hong Kong Tourism Board.
Fermented tofu is a traditional Chinese condiment made by processing and fermenting soy beans with salt, rice wine and flavourings.
It has a pungent aroma and a texture similar to soft cheese.


Doreen Kong Yuk-foon, a legislator and a lawyer, said the most important question was why the bacteria problem had been discovered only recently.
“That’s not normal for Hong Kong businesses engaged in food processing,” she said.
“If it claims its products are safe, I don’t understand why the excessive bacterial levels were spotted only now through random sample testing, especially since the company has been selling imported tofu for 30 years.”
She added the city was behind other jurisdictions in food safety regulations, and pointed out that Macau’s rules on food additives had undergone continuous change in recent years.
“I cannot say for certain whether they enforce their regulations strictly, but at least in terms of legislation, Macau has been ahead of us,” Kong said.
She added that Hong Kong also lacked comprehensive consumer protection legislation, unlike places such as Singapore and Australia, and relied on an under-resourced customs department to enforce the Trade Descriptions Ordinance.
“It was supposed to be done by the Consumer Council to protect us,” she said.
“But it put the main focus on monthly product testing with limited manpower and resources. I don’t know how it handles the complaints it receives at the same time.”
Albert So Man-kit, also a lawyer, said food safety law and its enforcement was loose for some in-house manufactured food items such as bean curd, chilli sauce or honey, which he said revealed a consumer protection loophole.
“In-house-made food items are usually subject to stricter regulations only when they are being sold in supermarkets because they bear legal responsibility,” So said.
“You can, however, sell home-made chilli sauce or honey as long as there is a food factory licence at your own shops.
“Anyone can rent a shop, produce food items, store them in glass bottles and have customers walk in and purchase the products.”
This meant regulatory problems only surfaced when there were cases of food poisoning or when authorities handled complaints or carried out random tests, So added.

Simon Wong Kit-lung, honorary president of the Institute Of Dining Professionals, said all business activities should be conducted with integrity and honesty.
“If a crucial process in the production of fermented bean curd was outsourced 30 years ago and is no longer done in-house, how can you continue to promote and present it as being made on-site?” Wong asked.
“If a certain procedure can no longer be carried out in Hong Kong due to societal or legal reasons, the only option is to honestly inform and communicate with consumers.”
The Liu Ma Kee controversy erupted after the Centre for Food Safety found high levels of bacteria in the samples of the firm’s fermented tofu earlier this month.
The discovery sparked a war of words between Liu Ma Kee and the centre, with the company publicly challenging the findings on a TVB programme.
But the family shut down the Yau Ma Tei store last week and apologised on Monday to the centre’s staff for the family’s “overreaction”.
The tofu row followed another high-profile controversy after a bottled water test by the Consumer Council found that samples of China’s biggest brand, Nongfu Spring, contained bromate at the maximum EU level of three micrograms a litre.
The consumer protection body said excessive consumption of the chemical could lead to discomfort or even affect consumers’ nervous systems.
But Nongfu Spring accused it of misclassifying the product and insisted their drink was not “natural mineral water” or “purified drinking water”, but “natural drinking water”.
The consumer watchdog later apologised for listing the bottled water brand in an incorrect category, reclassified Nongfu Spring’s bottled water as “natural drinking water” and re-evaluated it as a five-star product.
The change meant the maximum level of bromate under EU standards was 10 micrograms a litre – not three micrograms as previously stated – and the product was in line with the mainland’s safety rules for packaged drinking water.


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Hong Kong economy

Row over Liu Ma Kee’s use of imported bean curd exposes legal loophole: Hong Kong experts

Musician Jay Liu Fong-yip (left) is the fourth generation of the family running Liu Ma Kee. Photo: Xiaomei Chen

The Consumer Council apologised to mainland Chinese water giant Nongfu Spring for publishing an “inaccurate” study that included its product. Photo: Jelly Tse

Customs receives reports century-old Liu Ma Kee sources bean curd from outside Hong Kong

Liu Ma Kee shop in Jordan. The operator said the family business started importing fermented bean curd about 30 years ago. Photo: Elson Li

Jay Liu, the fourth-generation owner of Liu Ma Kee, has apologised to health authorities. Photo: Elson Li

The crumbling of a fermented tofu brand: how Liu Ma Kee became a fallen Hong Kong icon

The brand has come under fire after recent poor hygiene reports. Photo: Elson Li

Test results of a sample had shown unsatisfactory levels of bacteria Bacillus cereus. Photo: Facebook/Liu Ma Kee

Jay Liu, fourth generation owner of Liu Ma Kee, had conceded the shop was forced to import bean curd from the mainland. Photo: Xiaomei Chen

Hongkongers mock family business accused of repackaging tofu in poor hygiene conditions

The 119-year-old Liu Ma Kee is at the centre of more damning revelations from the Centre of Food Safety. Photo: Elson Li

A jar of Liu Ma Kee fermented bean curd. The company went on a TVB programme to challenge authorities’ earlier warnings, only to face renewed criticism. Photo: Facebook/Liu Ma Kee

News

Hong Kong

Lawyers call for review of city’s ‘outdated’ food safety laws and question loose enforcement for some in-house manufactured food items


Lawyers call for review of city’s ‘outdated’ food safety laws and question loose enforcement for some in-house manufactured food items.
