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ENFORCEMENT DECREE OF THE FOOD INDUSTRY PROMOTION ACT

Presidential Decree No. 20865, jun. 25, 2008

Amended by Presidential Decree No. 23064, Aug. 3, 2011

Presidential Decree No. 23535, Jan. 25, 2012

Presidential Decree No. 23962, Jul. 19, 2012

Presidential Decree No. 24485, Mar. 23, 2013

Presidential Decree No. 24560, May 31, 2013

Presidential Decree No. 25792, Nov. 28, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26523, Sep. 15, 2015

Presidential Decree No. 26860, Jan. 6, 2016

Presidential Decree No. 26967, Feb. 11, 2016

Presidential Decree No. 27059, Mar. 25, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27916, Feb. 28, 2017

Presidential Decree No. 28152, jun. 27, 2017

Presidential Decree No. 28467, Dec. 12, 2017

CHAPTER I General Provision
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Food Industry Promotion Act and those necessary for enforcement thereof.
 Article 2 (Organizational Structure, etc. of Food Industry Promotion Council)
(1) The Food Industry Promotion Council (hereinafter referred to as the “Council”) prescribed in Article 5 of the Food Industry Promotion Act (hereinafter referred to as the “Act”) shall be comprised of not more than 30 members, including one chairperson and one vice chairperson.
(2) The chairperson and the vice chairperson shall be elected by and from among the members of the Council.
(3) The members of the Council shall be the following persons: <Amended by Presidential Decree No. 23535, Jan. 25, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 28152, Jun. 27, 2017>
1. A person appointed by the Minister of Agriculture, Food and Rural Affairs from among the public officials of the Ministry of Agriculture, Food and Rural Affairs;
2. A person appointed by the Minister of Agriculture, Food and Rural Affairs from among the public officials of the Ministry of Culture, Sports and Tourism, the Ministry of Oceans and Fisheries, the Ministry of Food and Drug Safety, and the Rural Development Administration on recommendation by the heads of such agencies;
3. A person commissioned by the Minister of Agriculture, Food and Rural Affairs from among the executive officers and employees of the following organizations and institutes, each recommended by the heads of such organizations and institutes:
(a) The Korea Agro-Fisheries and Food Trade Corporation incorporated under the Korea Agro-Fisheries and Food Trade Corporation Act;
(b) The National Agricultural Cooperative Federation or NongHyup Agribusiness Group established under the Agricultural Cooperatives Act and the National Federation of Fisheries Cooperatives established under the Fisheries Cooperatives Act;
4. A person commissioned by the Minister of Agriculture, Food and Rural Affairs from among the following persons:
(a) A person with extensive knowledge and experience about food, or a person who has engaged in the food industry for at least ten years;
(b) An executive officer or employee of a food-related association or consumer group (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
(c) An executive officer or employee of any trade association established under Article 11 of the Act.
(4) The term of office of a member referred to in paragraph (3) 4 shall be three years, and the term of office of any member who is newly commissioned following resignation of a member or for other reason shall be the remaining term of his/her predecessor.
 Article 2-2 (Dismissal of Council Members)
The Minister of Agriculture, Food and Rural Affairs may dismiss a member of the Council, if:
1. The member becomes unable to perform his/her duties due to any mental or physical disorder;
2. The member has engaged in any misconduct in relation to his/her duties;
3. The member is deemed unfit as a Council member due to neglecting his/her duties, losing dignity, or any other reason;
4. The member voluntarily indicates his/her unsuitability to perform the duties.
[This Article Newly Inserted by Presidential Decree No. 26860, Jan. 6, 2016]
 Article 3 (Duties of Chairperson)
(1) The chairperson of the Council shall represent the Council and exercise overall control of its affairs.
(2) The vice chairperson shall assist the chairperson and act on behalf of the chairperson where the chairperson is unable to perform his/her duties in extenuating circumstances.
 Article 4 (Meetings, etc.)
(1) The chairperson of the Council shall convene and preside over meetings of the Council.
(2) A majority of the incumbent members of the Council shall constitute a quorum, and any resolution thereby shall require the concurring vote of at least a majority of those present.
(3) The Council may have relevant experts attend any of its meetings to hear their opinions if deemed necessary for deliberation by the Council.
 Article 5 (Secretary)
(1) The Council shall have one secretary to perform its affairs.
(2) The secretary shall be nominated by the Minister of Agriculture, Food and Rural Affairs from among the public officials of the Ministry of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 6 (Composition, etc. of Subcommittees)
(1) Each subcommittee of the Food Industry Promotion Council (hereinafter referred to as “subcommittee”) provided for in Article 5 of the Act shall be comprised of not more than ten members, including one chairperson and one vice chairperson.
(2) The chairperson, the vice chairperson and members of each subcommittee shall be appointed by the chairperson of the Council subject to the resolution of the Council from among the members of the Council, taking account of their expertise and experience.
(3) The chairperson of a subcommittee shall represent the subcommittee and exercise overall control of its affairs.
(4) The vice chairperson of a subcommittee shall assist the chairperson of the subcommittee and act on behalf of the chairperson where the chairperson is unable to perform his/her duties in extenuating circumstances.
 Article 7 (Operation of Subcommittee)
(1) The chairperson of a subcommittee shall convene and preside over meetings of the subcommittee.
(2) A majority of the incumbent members of a subcommittee shall constitute a quorum, and any resolution thereby shall require the concurring vote of at least a majority of those present.
(3) Matters resolved by a subcommittee shall be reported to the chairperson and deliberated on by the Council.
(4) Each subcommittee may appoint non-standing expert members within budgetary limits where necessary for specialized study, research, etc.
 Article 8 (Allowances, etc. for Council Members)
Every member, expert member, related expert, etc. who attends a Council or subcommittee meeting is entitled to allowances and reimbursement of travel expenses within budgetary limits: Provided, That this shall not apply where a public-official member attends a Council or subcommittee meeting in direct connection with his/her duty.
 Article 9 (Operational Bylaws)
Except as otherwise expressly provided for in this Decree, the chairperson of the Council shall determine matters necessary for the operation of the Council or subcommittees subject to the resolution of the Council.
CHAPTER II ESTABLISHMENT OF FOUNDATION FOR PROMOTION OF FOOD INDUSTRY
 Article 10 (Designation of Institutions for Training Experts)
(1) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may designate any of the following as an institution for training experts in the food industry (hereinafter referred to as “training institution”) pursuant to Article 7 (2) of the Act: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. An educational institute that has established and provides food-related educational courses or a research institute that conducts research on food;
2. A public institution as provided for in Article 4 of the Act on the Management of Public Institutions;
3. A food-related corporation incorporated pursuant to Article 32 of the Civil Act;
4. A food industry trade union established to develop the food industry pursuant to Article 11 of the Act;
5. A food-related private teaching institute registered under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons to provide professional training courses about food production, processing, cooking, etc.;
6. Any institute or organization operating any food-related business, in addition to those provided for in subparagraphs 1 through 4.
(2) Training institutions may implement educational training, etc. for the following fields to train experts in the food industry (hereinafter referred to as “experts”): <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Skills for food production, processing and cooking;
2. Management of quality, nutrition, and sanitation of food;
3. Orientation training for foreigners who work or intend to work in the food industry;
4. Other matters deemed necessary for promoting the food industry by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the Mayor/Do Governor.
(3) Procedures for the designation of training institutions, management of the designated training institutions and other necessary matters shall be determined by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the Mayor/Do Governor. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 11 (Subsidization for Expenses)
The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the head of a local government may fully or partially subsidize the following expenses incurred by the training institutions pursuant to Article 7 (3) of the Act: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Expenses incurred in developing education programs, including development and provisions of educational materials;
2. Expenses incurred in operating education programs, including tuition fees and allowances;
3. Expenses incurred in purchasing practical-training tools and equipment and educational facility-related expenses;
4. Expenses incurred in conducting the study and research required for the training and education of food personnel;
5. Expenses incurred in domestic and overseas training to reinforce expertise required to train and educate food personnel;
6. Other expenses deemed necessary to train food personnel by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the head of a local government.
 Article 11-2 (Designation, etc. of Institutions Specialized in Data Analysis for Food Industry)
(1) An institution, organization, or corporation handling data and statistics on the food industry that intends to obtain designation as an institution specialized in data analysis for the food industry pursuant to Article 9-2 (1) of the Act (hereinafter referred to as “specialized institution”) must comply with all of the following requirements:
1. It must retain at least two personnel with experience of analyzing data about the food industry;
2. It must have facilities and equipment necessary for analyzing data about the food industry;
3. Its articles of incorporation or other equivalent business management regulations must provide for data analysis for the food industry as its major business.
(2) An institution, organization, or corporation that intends to obtain designation as a specialized institution shall file an application for designation in the form determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, along with the following documents:
1. Status of its personnel, facilities and equipment;
2. A plan to implement, manage, and administer its business;
3. Its performance of research on data analysis for the food industry;
4. Its articles of incorporation or other equivalent business management regulations.
(3) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall provide the relevant applicant with a written designation for the relevant applicant in the form determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries upon designating a specialized institution pursuant to Article 9-2 (1) of the Act.
(4) Every institution, organization, or corporation that has obtained designation as a specialized institution pursuant to Article 9-2 (1) of the Act shall submit its annual report to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries within two months after the end of each business year.
(5) Standards for the revocation of designation of specialized institutions pursuant to Article 9-2 (4) of the Act shall be as specified in attached Table 1.
(6) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall give public notice whenever he/she designates a specialized institution pursuant to Article 9-2 (1) of the Act or revokes such designation pursuant to Article 9-2 (4) of the Act.
(7) Except as otherwise expressly provided for in paragraphs (1) through (6), the designation and operation of specialized institutions and other necessary matters shall be determined and publicly announced by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015]
 Article 12 (Matters to be Stated in Articles of Association of Food Industry Trade Associations)
(1) Articles of association of any trade association established under Article 11 of the Act shall state the following matters:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Matters concerning assets;
5. Matters concerning appointment and dismissal of directors;
6. Matters concerning membership eligibility criteria;
7. Matters concerning general meetings and the board of directors;
8. Matters concerning grounds for dissolution, if stipulated.
(2) and (3) Deleted. <by Presidential Decree No. 25840, Dec. 9, 2014>
(4) Every trade association established under Article 11 of the Act shall submit the following documents to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries within two months after the end of each business year: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. A business plan and a budget plan for the following year;
2. A business performance report and a statement of accounts of the relevant business year;
3. A list of assets as at the end of the relevant business year.
(5) Except as otherwise expressly provided for in this Decree, the operation and supervision of the trade associations established under Article 11 of the Act shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
CHAPTER III PROMOTION OF FOOD INDUSTRY
 Article 13 (Scope, etc. of Exchange and Cooperation Projects)
(1) Exchange and cooperation projects eligible under Article 13 of the Act shall be as follows: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
1. A production and supply project under a contract executed with farmers, fishermen or the organization thereof and food business operators;
2. A project for establishing a system to supply agricultural and fishery products and food materials between farmers, fishermen, the organization thereof and food business operators;
3. An educational and publicity project to build close connections between the food industry and agricultural and fishery industries, such as hosting expositions, seminars, and exhibitions;
4. Other projects deemed necessary to reinforce close connections between the food industry and agricultural and fishery industries by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(2) Expenses incurred in relation to exchange and cooperation projects that can be subsidized under Article 13 (2) of the Act shall be as follows:
1. Expenses incurred in relation to the facilities necessary for the exchange and cooperation projects and the preservation and transportation of food materials;
2. Expenses incurred in relation to hosting and participating in expositions, seminars, exhibitions, etc. to promote the exchange and cooperation projects;
3. Expenses incurred in relation to the study and research necessary for promoting the exchange and cooperation projects;
4. Expenses incurred in relation to the educational and publicity projects to promote the exchange and cooperation projects;
5. Expenses incurred in relation to the establishment of information networks to promote the exchange and cooperation projects.
(3) A person who intends to obtain a subsidy provided for in paragraph (2) shall file an application accompanied by the following documents with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. A business plan;
2. A report on the budget required for his/her project.
(4) Upon receipt of an application for a subsidy under paragraph (3), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall determine whether to grant a subsidy taking account of the following criteria, and shall notify the relevant applicant of the determination: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
1. Necessity and feasibility of the relevant exchange and cooperation project;
2. Effects on reinforcing the competitiveness of agricultural and fishery products;
3. Effects on the development of the food industry.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), further details necessary for the exchange and cooperation projects shall be determined by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 13-2 (Support for Growing, etc. of Food Materials for School Meal Services under Contract)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide support for any of the following entities if it implements an exchange and cooperation project with a person who produces agricultural and fishery products or food by such means as enters into an agreement to grow and supply food materials necessary for school meal programs or making direct transactions pursuant to Article 13-2 (2) of the Act:
1. A supporting center for school meal programs provided for in Article 5 (4) of the School Meals Act;
2. A cooperative as defined in subparagraph 1 of Article 2 of the Agricultural Cooperatives Act, a cooperative joint project corporation provided for in Article 112-3 of the same Act or an item cooperative federation provided for in Article 138 of the same Act;
3. A cooperative provided for in subparagraph 4 of Article 2 of the Fisheries Cooperatives Act;
4. An agricultural cooperation and a fisheries cooperation as defined in subparagraphs 2 and 5 of Article 2 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities;
5. A food business operator recognized by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries as using quality food materials for raw materials as provided for in Article 38 (1) 3.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may subsidize the following expenses pursuant to Article 13-2 (2) of the Act:
1. Expenses incurred in investigating the stable supply activities of food materials for school meal programs through growing under a contract or direct transactions;
2. Expenses incurred in investigating the safety of the food materials supplied for school meal programs through growing under a contract or direct transactions;
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), further details necessary to provide support for growing food materials under a contract, etc. shall be determined by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015]
 Article 14 (Designation of Food Masters in Specific Fields)
(1) The Minister of Agriculture, Food and Rural Affairs may designate food masters for each of the following fields, regarding the food except the seafood provided for in paragraph (2) pursuant to Article 14 of the Act: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. In the field of traditional food: traditional food masters;
2. In the field of any food other than traditional food: general food masters.
(2) The Minister of Oceans and Fisheries may designate food masters for the fields provided for in the subparagraphs of paragraph (1) regarding the food among the fishery products and food among the processed fishery products as defined in Article 2 (1) 13 (b) of the Agricultural and Fishery Products Quality Control Act (hereinafter referred to as “seafood”). <Newly Inserted by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 15 (Qualifications for Food Masters)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may designate a person qualified as follows as a food master pursuant to Article 14 (1) of the Act: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. A person who has engaged in producing, processing, and cooking the relevant food for at least twenty consecutive years;
2. A person who safeguards and can practice the skills of producing, processing, and cooking traditional food in its original form;
3. A person who underwent training on the skills held by a food master, as an apprentice, for at least five years (or two years if a food master died) and has operated the relevant business for at least ten years.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall evaluate the following matters to designate a person as a food master pursuant to Article 14 (1) of the Act: <Amended by Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 28467, Dec. 12, 2017>
1. Traditionality of production, processing, and cooking of the relevant food;
2. Superiority of production, processing and cooking of the relevant food;
3. Authenticity of the person who holds the relevant skills;
4. Experience and activities of the person who holds the relevant skills;
5. Integrity of the person who holds the relevant skills;
6. Necessity for succeeding to and developing the relevant skills, and values of safeguarding the relevant skills;
7. Business value of the relevant food.
(3) Standards for designating food masters and methods for evaluation under paragraphs (1) and (2), and other related matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 16 (Procedures for Designation of Food Masters, etc.)
(1) A person who intends to obtain designation as a food master pursuant to Article 14 (1) of the Act shall file an application for designation with the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(2) Where an application for designation as a food master is filed under paragraph (1), the Mayor/Do Governor shall conduct a fact-finding survey regarding the application by such means as an on-site investigation and literature review, and shall recommend designation of the relevant applicant to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries if the applicant is deemed to comply with the requirements for designation. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(3) Upon receipt of the Mayor/Do Governor’s recommendation for designation of a food master pursuant to paragraph (2), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall review the suitability and designate an applicant who is deemed to comply with the requirements for designation as a food master subject to the deliberation of the Council. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(4) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall give public notice as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries upon designating a food master pursuant to paragraph (3). The same shall apply where the designation of a food master is revoked pursuant to Article 14 (5) of the Act, or rescinded pursuant to Article 18. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
 Article 17 (Provision, etc. of Written Designation of Food Master)
(1) Upon designating an applicant as a food master pursuant to Article 16 of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall provide the applicant with a written designation of food master in the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(2) A person whose designation as a food master is revoked pursuant to Article 14 (5) of the Act shall, without delay, surrender the written designation of food master provided under paragraph (1) to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
 Article 18 (Rescission of Designation as Food Master)
Designation as a food master shall be deemed rescinded upon the death of the food master.
 Article 19 Deleted. <by Presidential Decree No. 23962, Jul. 19, 2012>
 Article 20 Deleted. <by Presidential Decree No. 26523, Sep. 15, 2015>
 Article 21 (Reporting on Activities of Food Master)
(1) A food master designated under Article 14 (1) of the Act shall report on his/her activities related to the production, processing, cooking, and sale of products and training apprentices to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries once a year pursuant to Article 14 (3) of the Act. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013.>
(2) Matters necessary for reporting on the activities provided for in paragraph (1) shall be determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 22 (Financial Support for Food Masters, etc.)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide support for designated food masters in relation to the following matters within budgetary limits pursuant to Article 14 (4) of the Act: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
1. Funds for facilities necessary for the production, processing and cooking, etc. of food and funds for purchasing food materials;
2. Sales promotion and publicity activities, such as developing a food-package design, and hosting and participating in food exhibitions and expositions;
3. Research and educational activities for restoring and teaching skills, and establishment and extension of facilities for restoring and teaching skills;
4. Publishing books necessary for teaching skills, and hosting seminars and presentations, etc. locally and overseas;
5. Payment of grants for food masters;
6. Other activities deemed necessary by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may subsidize a person who is selected as an apprentice to a food master pursuant to Article 14 (7) of the Act (hereinafter referred to as “apprentice to a food master”) within budgetary limits pursuant to Article 14 (4) of the Act. <Amended by Presidential Decree No. 26523, Sep. 15, 2015>
(3) A food master who intends to obtain support in relation to paragraph (1) 1 through 4 and 6 shall file an application in the form determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries along with his/her business plan. <Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015>
(4) A food master who intends to obtain the grants provided for in paragraph (1) 5 shall file an application in the form determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, along with the materials about his/her activities as a food master for the most recent one year. <Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015>
(5) An apprentice to a food master who intends to be subsidized under paragraph (2) shall file an application in the form determined by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries with the Minister of Agriculture Food and Rural Affairs or the Minister of Oceans and Fisheries, along with the following documents: <Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015>
1. A detailed statement about learning of skills (including the documents, photographs, videos, etc. which contain details about the learning of skills);
2. Other documents detailing his/her research and educational activities and publicity activities and participation in exhibitions and contests in relation to learning a food master’s skills and the prizes he/she has won (if applicable).
(6) Where a food master who has been provided with financial support pursuant to paragraph (1) dies, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may continue to provide financial support for his/her apprentice, if any, (limited to an apprentice who meets the requirements for qualification of food masters provided for in Article 15 (1)) in relation to paragraph (1) 1 through 4 and 6 for one year. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26523, Sep. 15, 2015>
(7) Upon receipt of an application filed under paragraphs (3) through (5), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall determine whether to grant the application, taking account of such factors as appropriateness, adequacy, and anticipated effects of the support or subsidy, and shall notify the relevant applicant of the determination. <Amended by Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26523, Sep. 15, 2015>
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for providing financial support shall be determined by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26523, Sep. 15, 2015>
[Title Amended by Presidential Decree No. 26523, Sep. 15, 2015]
 Article 22-2 (Recovery and Suspension of Subsidies)
(1) The following are prescribed as causes for which the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may recover a subsidy pursuant to Article 14 (6) of the Act:
1. Where the relevant person has obtained the subsidy by fraud or other improper means;
2. Where the relevant person has obtained any other subsidy pursuant to any other statute.
(2) The following are prescribed as causes for which the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may suspend a subsidy pursuant to Article 14 (8) of the Act:
1. Where the designation of a food master is revoked pursuant to Article 14 (8) of the Act;
2. Where a food master or his/her apprentice ceases to engage in the relevant activities, changing his/her occupation or discontinuing training and learning activities, etc.
[This Article Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015]
 Article 23 (Selection of Candidates for Apprentice to Food Master)
(1) To recommend candidates for an apprentice pursuant to Article 14 (7) of the Act, a food master shall submit a written recommendation to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall select an apprentice to a food master, from among the candidates recommended pursuant to paragraph (1), taking account of such factors as whether such candidates have engaged in the fields related to skills and technologies for production, processing and cooking food in domestic or foreign food production companies, educational or research institutes, and their age, their skill level, and likelihood of further development.
(3) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall issue an apprentice to a food master selected under paragraph (2) with a certificate of selection in the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
(4) An apprentice to a food master selected under paragraph (2) shall learn, keep records of and safeguard the production, processing and cooking skills of the food held by the food master, to convey the authentic skills in the relevant field to the next generations. In this case, the food master shall verify his/her apprentice’s activities in relation to learning, keeping records and safeguarding.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), further details regarding the selection of apprentices to food masters shall be determined and publicly announced by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 26523, Sep. 15, 2015]
 Article 24 (Assistance for Globalization of Traditional Food)
(1) Those eligible for assistance to globalize traditional food pursuant to Article 17 of the Act are as follows: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. A person who engages in publicity, educational or research activities, etc. to globalize the traditional food and food culture;
2. A person who has entered or plans to enter into an overseas market to globalize the traditional food and food culture;
3. A food master designated pursuant to Article 14 of the Act;
4. Other persons deemed necessary to globalize the traditional food and dietary culture by the Minister of Agriculture, Food and Rural Affairs.
(2) The State and a local government may fully or partially finance any person provided for in paragraph (1), if the person engages in any of the following business activities: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Educational, study and research activities to globalize the traditional food or food culture;
2. Business activities publicizing the superiority of the traditional food and food culture;
3. Business activities opening a restaurant, grocery store, experience center, etc. overseas to globalize the traditional food and food culture;
4. Business activities supporting the rating, certification and consulting of the restaurants in foreign countries;
5. Business activities hosting and participating in food expositions, sales exhibits and events locally and overseas;
6. Business activities establishing information networks to globalize the traditional food and food culture;
7. Other business activities determined necessary to globalize the traditional food and food culture by the Minister of Agriculture, Food and Rural Affairs.
(3) The Minister of Agriculture, Food and Rural Affairs shall consult the head of relevant central administrative agencies about the matters provided for in paragraphs (1) 4 and (2) 7, where deemed necessary. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary to support the globalization of traditional food shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 24-2 (Designation, etc. of Institutes Supporting Export of Food)
(1) “Research institute prescribed by Presidential Decree” in Article 17-3 (1) of the Act shall be a food-related research institute that satisfies all of the following requirements:
1. It must retain personnel with experience in conducting overseas food certification business;
2. It must have facilities and equipment necessary for providing technology support for overseas food certifications;
3. Its articles of incorporation or other equivalent business management regulations must provide for food certification business as its major business.
(2) To designate an institute supporting the export of food (hereinafter referred to as “food export-supporting institute”) pursuant to Article 17-3 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs shall publicly announce the period for filing an application for designation and other matters necessary for filing such application in advance on the website of the Ministry of Agriculture, Food and Rural Affairs.
(3) A research institute that intends to obtain designation as a food export-supporting institute shall satisfy all of the requirements prescribed in paragraph (1) and file an application for designation with the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(4) The Minister of Agriculture, Food and Rural Affairs may designate, as a food export-supporting institute, a research institute deemed eligible among those that have filed an application for designation pursuant to paragraph (3).
(5) Upon designating a food export-supporting institute, the Minister of Agriculture, Food and Rural Affairs shall publicly announce such designation on the website of the Ministry of Agriculture, Food and Rural Affairs.
(6) A food export-supporting institute shall report outcomes of performing business for the previous year and a business plan for the relevant year to the Minister of Agriculture, Food and Rural Affairs by January 31 of each year with respect to the business activities prescribed in the subparagraphs of Article 17-3 (2) of the Act.
(7) Except as otherwise expressly provided for in paragraphs (1) through (6), the designation and operation of food export-supporting institutes, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted by Presidential Decree No. 27916, Feb. 28, 2017]
 Article 25 (Publication of Food Ingredient Tables and Provision of Information, etc.)
(1) The Minister of Agriculture, Food and Rural Affairs shall prepare and publish food ingredient tables and a comprehensive chart on nutritional information of foods including agricultural products (but excluding seafood) based on analyzed nutritional ingredients and study and research findings about the characteristics of their nutritional values periodically as determined by Ordinance of the Ministry of Agriculture, and the Minister of Oceans and Fisheries shall prepare and publish food ingredient tables and a comprehensive chart on nutritional information of fisher products including seafood based on analyzed nutritional ingredients and study and research findings about the characteristics of their nutritional values periodically as determined by Ordinance of the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may provide the food ingredient tables and the comprehensive charts on nutritional information of foods prepared under paragraph (1), in various formats, for wider general public use or may conduct an educational program or campaign thereon. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(3) The Minister of Agriculture, Food and Rural Affairs may render support necessary to analyze nutritional ingredients and to study and research the characteristics of nutritional values of foods including agricultural products (excluding seafood) and to efficiently engage in such activities as provision of information and publication of the food ingredient tables; and the Minister of Oceans and Fisheries may do the same with respect to the fishery products, including seafood. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
 Article 25-2 (Formulation of Policies to Foster Agricultural and Fisheries Product Processing Industry)
“Matters prescribed by Presidential Decree” in subparagraph 6 of Article 19-2 of the Act means the following: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Matters necessary for linked development between agricultural and fishery products and the related processing industry;
2. Other business activities deemed necessary by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012]
 Article 25-3 (Support for Production, etc. of Processed Agricultural Products)
(1) “Matters prescribed by Presidential Decree” in Article 19-3 (1) of the Act means the following: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Establishment, improvement, and repair of the facilities for producing and processing the processed agricultural products provided for in Article 19-3 (1) of the Act (hereinafter referred to as “processed agricultural product”);
2. Research, development, and education required for improving the sanitation and quality of processed agricultural products;
3. Development of containers and package designs for processed agricultural products;
4. Publicity activities, such as hosting and participating in sales exhibits or events, activities, fairs, or expositions;
5. Development of brands and sales channels for processed agricultural products;
6. Establishment of electronic commerce networks for processed agricultural products;
7. Other business activities deemed necessary by the Minister of Agriculture, Food and Rural Affairs.
(2) Where necessary to support production, etc. of processed agricultural products, the Minister of Agriculture, Food and Rural Affairs may support a trade union, an association, etc. comprised of persons eligible for such support, or may supply Government-procured agricultural products provided for in Articles 9 and 13 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products preferentially to such trade union or association. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012]
 Article 25-4 (Support for Production, etc. of Processed Fishery Products)
(1) “Matters which are prescribed by Presidential Decree” in Article 19-4 (1) 4 of the Act means the following: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Establishment, improvement, and repair of the facilities for producing and processing the processed fishery products provided for in Article 19-4 (1) 1 of the Act (hereinafter referred to as “processed fishery product”);
2. Research, development, and education required for improving the sanitation and quality of processed fishery products;
3. Development of containers and package designs for processed fishery products;
4. Publicity activities, such as hosting and participating in sales exhibits or events, activities, fairs, or expositions;
5. Development of brands and sales channels for processed fishery products;
6. Establishment of electronic commerce networks for processed fishery products;
7. Other business activities deemed necessary by the Minister of Oceans and Fisheries.
(2) Where necessary to support production, etc. of processed fishery products, the Minister of Oceans and Fisheries may support a trade union, an association, etc. comprised of persons eligible for such support, or may supply Government-procured fishery products provided for in Articles 40 and 41 of the Fishery Products Distribution Management and Support Act preferentially to such trade union or association. <Amended by Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 27059, Mar. 25, 2016>
[This Article Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012]
 Article 25-5 (Purpose of State-Owned Land Sold under Private Contract)
The following are prescribed as the circumstances in which the State may sell any State-owned land that has been leased to an oyster farmer, etc. under Article 19-4 (5) of the Act to the oyster farmer, etc. under a private contract pursuant to Article 19-4 (6) of the Act:
1. Where the land is used for building a plant for shucking oysters or sanitary treatment of oysters (referring to washing and packing);
2. Where the land is used for building and operating a facility for producing and processing oysters pursuant to Article 74 (1) of the Agricultural and Fishery Products Quality Control Act.
[This Article Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012]
 Article 25-6 (Types of Fishery Product Processing Industry Subject to Reporting)
(1) “Types of business prescribed by Presidential Decree” in Article 19-5 (1) of the Act and the main sentence of Article 19-6 (1) of the Act means the following:
1. Business processing fish oil (liver oil): a business processing fish oil (liver oil) using sea animals as raw materials on land;
2. Freezing and refrigerating business: a business freezing or refrigerating sea animals and plants on land: Provided, That excluded herefrom shall be freezing sea animals and plants after smoking process and refrigeration business with a capacity of less than five tons;
3. Business processing fishery products on deck: a business processing fish oil (liver oil) using sea animals as raw materials on a fishing vessel granted a permit in accordance with Article 41 and 42 of the Fisheries Act; or a business processing sea animals and plants or refrigerating sea animals and plants on a fishing vessel granted a distant water fishery permit in accordance with Article 6 (1) of the Distant Water Fisheries Development Act;
4. Business processing fish leather: a business processing leather from sea animals;
5. Business processing seaweeds: a business processing marine plants as fertilizers, thickening agents, animal feeds.
(2) A person who intends to operate any of the following fishery product processing businesses pursuant to Article 19-5 (1) of the Act shall report to the Minister of Oceans and Fisheries: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Fishery product processing businesses provided for in paragraph (1) 1 and 2 (only applicable where the business is operated in the Busan Metropolitan City);
2. Business processing fish oil (liver oil) using sea animals as raw materials on a fishing vessel granted a permit, within the meaning of the business processing fishery products on deck provided for in paragraph (1) 3 (only applicable where the business is operated in the Busan Metropolitan City);
3. Business processing sea animals and plants or refrigerating sea animals and plants on a fishing vessel granted a distant water fishery permit, within the meaning of the business processing fishery products on deck provided for in paragraph (1) 3.
(3) A person who intends to operate any of the following fishery product processing businesses pursuant to Article 19-5 (1) of the Act shall report to the head of the relevant Si (or the Special Self-Governing Province Governor in the case of the Special Self-Governing Province; the same shall apply hereinafter)/Gun/autonomous Gu:
1. Fishery product processing businesses provided for in paragraph (1) 1 through 3 (excluding the fishery product processing businesses provided for in the subparagraphs of paragraph (2));
2. Fishery product processing businesses provided for in paragraph (1) 4 and 5.
[This Article Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012]
CHAPTER IV QUALITY CONTROL OF FOOD
 Article 26 (Items of Food, etc. Subject to Industrial Standards Certification)
(1) Items subject to industrial standards certification provided for in Article 20 of the Act shall be the processed agricultural, fishery, and livestock food products.
(2) Industrial standards certification for the processed agricultural, fishery, and livestock food products provided for in paragraph (1) shall be conducted by an agency for certifying quality food, etc. designated pursuant to Article 24 (1) of the Act (hereinafter referred to as “agency for certifying quality food, etc.”), and the matters concerning criteria for industrial standards certification and methods of indicating such certification shall be as provided for in the Industrial Standardization Act. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 26860, Jan. 6, 2016>
 Article 27 (Certification of Quality of Traditional Food)
(1) Items of traditional foods subject to quality certification provided for in Article 22 of the Act (hereinafter referred to as “items subject to quality certification”) shall be designated by the Minister of Agriculture, Food and Rural Affairs, and items of traditional seafood shall be designated by the Minister of Oceans and Fisheries taking account of the following: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Traditionality and popularity;
2. Market competitiveness when merchandised;
3. Necessity for safeguarding, succession and development of traditional food.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall give public notice upon designating the items subject to quality certification pursuant to paragraph (1). <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 28 (Establishment, etc. of Standards for Products Subject to Quality Certification)
(1) To promote the merchandising of traditional food and implement the quality certification system efficiently, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may establish, amend or abolish standards for items subject to quality certification under his/her responsibility subject to the deliberation of the Council. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall give public notice upon establishing, amending or abolishing the standards pursuant to paragraph (1).
(3) To efficiently establish the standards, etc., the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may request an institution prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries to perform the affairs related to the establishment of the standards, etc. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 29 (Procedures, etc. for Certification of Quality of Traditional Food)
(1) When a food business operator that produces any item of product for which standards have been established under Article 28 (1) intends to obtain certification of quality of traditional food pursuant to Article 22 (1) of the Act, it shall file an application for certification of quality, for each item, in the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries with the head of an agency for certifying quality traditional food, etc.: Provided, That when a food business operator that produces traditional seafood (hereinafter referred to as “traditional seafood”) among the items for which standards have been established under Article 28 (1) intends to obtain certification of quality pursuant to Article 22 (1) of the Act, it may file an application for certification of quality, for each item, in the form prescribed by Ordinance of the Ministry of Oceans and Fisheries with the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
(2) Upon receipt an application for certification of quality filed under paragraph (1), the head of an agency for certifying quality food, etc. or the Minister of Oceans and Fisheries shall review the application in accordance with the quality certification review process and criteria prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries and grant certification of quality if the application complies with the review criteria. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
(3) The head of an agency for certifying quality food, etc. or the Minister of Oceans and Fisheries shall issue a quality certificate as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries upon granting certification of quality pursuant to paragraph (2). <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
 Article 30 (Methods of Indicating Certification of Quality of Traditional Food)
When a person who has obtained certification of quality of traditional food intends to indicate such certification, the person shall place or print the Quality Certification Mark and the label prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries on the surface of the product, package, and container of the certified item or on the invoice. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 31 (Procedures for Obtaining Origin Certification)
(1) To obtain origin certification pursuant to Article 22-2 (1) of the Act, a business entity that produces processed food or an operator of a restaurant, etc. (referring to a food service business provided for in Article 36 (1) 3 of the Food Sanitation Act and the meal service facilities defined in subparagraph 12 of Article 2 of the same Act; the same shall apply hereinafter) shall file an application for certification in the form prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries with the head of an agency for certifying quality food, etc. or the Minister of Oceans and Fisheries with respect to each item applied for origin certification or the type of business of the restaurant, etc.
(2) Upon receipt an application filed under paragraph (1), the head of an agency for certifying quality food, etc. or the Minister of Oceans and Fisheries shall review the application in accordance with the certification review process prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries and grant origin certification if the application complies with the standards for origin certification provided for in Article 32 (1).
(3) The head of an agency for certifying quality food, etc. or the Minister of Oceans and Fisheries shall issue a certificate as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries upon granting origin certification pursuant to paragraph (2).
[This Article Newly Inserted by Presidential Decree No. 26860, Jan. 6, 2016]
 Article 32 (Standards for Origin Certification)
The standards for origin certification referred to in Article 22-2 (3) of the Act shall be classified as follows:
1. To comply with all of the following requirements in cases of the origin certification of a processed food:
(a) At least 95 percent of a product’s raw material shall be of the same origin based on the mixing ratio of its raw material;
(b) No mixture of a raw material having different origins shall be used for a product;
(c) Records on all raw materials used for a product shall be kept to ensure tracking of origin-related information;
2. To comply with all of the following requirements in cases of the origin certification of a restaurant, etc.:
(a) At least 95 percent of food materials used by the restaurant, etc. shall be of the same origin;
(b) No mixture of a food material having different origins shall be used for the restaurant, etc.;
(c) Records on all food materials used for the restaurant, etc., shall be kept to ensure tracking of origin-related information;
3. Further details about the standards provided for in subparagraphs 1 and 2 and other details necessary for origin certification shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.
[This Article Newly Inserted by Presidential Decree No. 26860, Jan. 6, 2016]
 Article 32-2 (Methods of Indicating Origin Certification)
(1) Where a processed food business operator who has obtained origin certification intends to indicate the certification, he/she shall place the Certification Mark and the label prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries on the surface, etc. of the product, package, and container of the certified item.
(2) Where an operator of a restaurant, etc. that has obtained origin certification intends to indicate the certification, he/she shall place the Certification Mark and the label prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries on the signboard or menu of the certified restaurant, etc. or display the Origin Certification Sign prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries at conspicuous places inside and outside of the restaurant.
[This Article Newly Inserted by Presidential Decree No. 26860, Jan. 6, 2016]
 Article 33 (Matters to be Reported by Certification Agencies for Quality Food, etc.)
(1) The head of an agency for certifying quality food, etc. shall file a report on the following matters with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries not later than 20 days after the end of each quarter: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 24560, May 31, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
1. Status of the industrial standards certification of food provided for in Article 20 of the Act;
2. Status of the certification of quality of traditional food provided for in Article 22 of the Act;
3. Status of the origin certification provided for in Article 22-2 of the Act;
4. Status of reports on succession filed under Article 30 of the Act.
(2) The head of an agency for certifying quality food, etc. shall notify the matters provided for in paragraph (1) 1 through 4 (excluding the matters related to the seafood) to the head of the National Agricultural Products Quality Management Service, and the matters related to the seafood to the head of the National Fishery Products Quality Management Service, respectively. <Amended by Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
 Article 34 Deleted. <by Presidential Decree No. 23962, Jul. 19, 2012>
 Article 35 (Notification, etc of Withdrawal of Quality Food, etc. Certification)
(1) Where any of the grounds for revocation provided for in the subparagraphs of Article 29 of the Act arises in relation to a person who has obtained certification of quality food, etc., the head of the relevant agency for certifying quality food, etc. shall promptly report it to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall give notice to the head of the agency for certifying quality food, etc. upon revoking certification of quality food, etc. pursuant to Article 29 of the Act. <Amended by Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 36 (State-Certified Products)
“Other products certified under the national certification system prescribed by Presidential Decree” in subparagraph 4 of Article 32 of the Act means the following: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 25792, Nov. 28, 2014; Presidential Decree No. 27059, Mar. 25, 2016>
1. Industrial Standards-certified products provided for in Article 20 of the Act;
2. Deleted; <by Presidential Decree No. 23962, Jul. 19, 2012>
3. Products produced at any plant which observes HACCP provided for in Article 48 (3) of the Food Sanitation Act;
4. Agricultural products (excluding livestock products) certified as compliant with the Good Agricultural Practices provided for in Article 6 of the Agricultural and Fishery Products Quality Control Act;
5. Fishery products and fishery specialties certified pursuant to Article 14 of the Agricultural and Fishery Products Quality Control Act;
6. Deleted; <by Presidential Decree No. 24560, May 31, 2013>
7. Agricultural products (excluding livestock products) registered for the traceability management system pursuant to Article 24 of the Agricultural and Fishery Products Quality Control Act;
7-2. Fishery products registered for the traceability management system pursuant to Article 27 of the Fishery Products Distribution Management and Support Act;
8. Agricultural and fishery products or processed agricultural and fishery products, the geographical indications of which have been registered pursuant to Article 32 of the Agricultural and Fishery Products Quality Control Act.
 Article 37 (Use, etc. of Quality Food Materials)
“Other products certified under the national certification system prescribed by Presidential Decree” in Article 33 (1) 9 of the Act means the following: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 27059, Mar. 25, 2016>
1. Industrial Standards-certified products provided for in Article 20 of the Act;
2. Agricultural products (excluding livestock products) registered for the traceability management system pursuant to Article 24 of the Agricultural and Fishery Products Quality Control Act;
2-2. Fishery products registered for the traceability management system pursuant to Article 27 of the Fishery Products Distribution Management and Support Act;
3. Food or health functional foods registered for the traceability management system pursuant to Article 49 of the Food Sanitation Act or Article 22-2 of the Health Functional Foods Act.
 Article 38 (Encouragement of Use, etc. of Quality Food Materials)
(1) Those eligible for support to encourage the use of quality food materials pursuant to Article 33 (2) of the Act shall be the following entities and persons: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
1. A business entity that operates a meal service facility, as defined in subparagraph 12 of Article 2 of the Food Sanitation Act, either directly or under an outsourcing contract;
2. A person who produces processed agricultural products under Article 19-3 of the Act;
2-2. A person who produces processed fishery products under Article 19-4 of the Act;
3. A food business operator recognized by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries as using quality food materials for raw materials.
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may fully or partially finance any of the following business activities engaged in by any of the entities or persons provided for in paragraph (1) within budgetary limits: <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
1. Purchasing quality food materials;
2. Supplying quality food materials for school meal programs, etc.;
3. Establishing a system for supplying quality food materials;
4. Other business activities deemed necessary to encourage the use of quality food materials by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), procedures for providing support and matters necessary for encouraging the use of quality food materials shall be determined by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24485, Mar. 23, 2013>
 Article 39 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate authority over the following food-related duties, except seafood, to the Administrator of the Rural Development Administration: <Amended by Presidential Decree No. 28467, Dec. 12, 2017>
1. To conduct follow-up management of food master products pursuant to Article 14-2 of the Act;
2. To analyze the nutritional values of food pursuant to Article 19 (1) of the Act and Article 25 (1) and (2) of this Decree;
3. To review the suitability of recommendations for designating food masters pursuant to Article 16 (3) of this Decree.
(2) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate the duties related to the folk art articles manufactured by simply processing forestry products or processing forestry products as raw materials, to the Minister of Korea Forest Service, with respect to the financial support to the producers, etc. of processed agricultural products provided for in Article 19-3 of the Act. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
(3) Pursuant to Article 34 of the Act, the Minister of Oceans and Fisheries shall delegate authority over the following seafood-related duties to the head of the National Institute of Fisheries Science: <Newly Inserted by Presidential Decree No. 28467, Dec. 12, 2017>
1. To conduct follow-up management of food master products pursuant to Article 14-2 of the Act;
2. To analyze the nutritional values of food pursuant to Article 19 (1) of the Act and Article 25 (1) and (2) of this Decree;
3. To review the suitability of recommendations for designating food masters pursuant to Article 16 (3) of this Decree.
(4) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate authority over the following food-related duties, except seafood, to the head of the National Agricultural Products Quality Management Service: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
1. To designate certification agencies for quality food, etc. and to renew designation pursuant to Article 24 of the Act;
2. To revoke designation and suspension of service of certification agencies for quality food, etc. pursuant to Article 24-2 of the Act;
3. To conduct follow-up monitoring of the foods granted the quality food certification, etc. and certification agencies for quality food, etc. pursuant to Article 26 of the Act;
4. To issue orders to change labeling of products granted the quality food certification, etc. pursuant to Article 28 of the Act, and other administrative dispositions;
5. To revoke certification of quality food, etc. pursuant to Article 29 of the Act;
6. To accept the reports on succession to the status of certification agencies for quality food, etc. pursuant to Article 30 (2) of the Act;
7. To establish and implement the policies to encourage the use of quality food materials pursuant to Article 33 of the Act;
8. To conduct hearings in relation to Article 33-2 (1) 4 and 5 of the Act;
9. To impose and collect the administrative fines pursuant to Article 38 (1) 2 through 4 of the Act;
10. To establish, amend, and abolish standards for the items subject to quality certification pursuant to Article 28, and to give public notice thereof.
(5) Pursuant to Article 34 of the Act, the Minister of Oceans and Fisheries shall delegate authority over the following seafood-related duties to the head of the National Fishery Products Quality Management Service: <Amended by Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
1. To certify quality of traditional food pursuant to Article 22 of the Act;
2. To designate certification agencies for quality food, etc. and to renew designation pursuant to Article 24 of the Act;
3. To revoke designation of certification agencies for quality food, etc. and to suspend their service pursuant to Article 24-2 of the Act;
4. To conduct follow-up monitoring of the foods granted the quality food certification, etc. and certification agencies for quality food, etc. pursuant to Article 26 of the Act;
5. To issue orders to change labeling of products granted the quality food certification, etc. pursuant to Article 28 of the Act, and other administrative dispositions;
6. To revoke certification of quality food, etc. pursuant to Article 29 of the Act;
7. To accept the reports on succession to the status of persons who have obtained the certification of quality food, etc. pursuant to Article 30 (2) of the Act;
8. To accept the reports on succession to the status of certification agencies for quality food, etc. pursuant to Article 30 (2) of the Act;
9. To establish and implement the policies to encourage the use of quality food materials pursuant to Article 33 of the Act;
10. To conduct hearings in relation to Article 33-2 (1) 4 and 5 of the Act;
11. To impose and collect the administrative fines pursuant to Article 38 (1) 2 through 4 of the Act;
12. To establish, amend and abolish standards for the items subject to quality certification pursuant to Article 28, and to give public notice thereof.
(6) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall delegate the duties related to the study and research of the nutritional values of the food and agricultural and fishery products provided for in Article 19 of the Act and Article 25 (1) and (2) of this Decree to any of the following institutes or agencies staffed and equipped as capable of performing the delegated duties: <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
2. Educational or research institutes related to food and nutrition;
3. Other institutes or agencies deemed necessary for studying or researching the nutritional values of food by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(7) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate the duties to accept the reports on succession to the status of persons who have obtained certification of quality food, etc. (excluding certification concerning seafood) provided for in Article 30 (2) of the Act to the head of an agency for certifying quality food, etc. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013; Presidential Decree No. 26860, Jan. 6, 2016>
(8) Pursuant to Article 34 of the Act, the Minister of Oceans and Fisheries shall delegate authority to select and fund persons who engage in the business activities provided for in Article 19-4 (1) 3 of the Act to each Mayor/Do Governor. <Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
(9) Pursuant to Article 34 of the Act, the Minister of Oceans and Fisheries shall delegate the authority over the following duties to the Busan Metropolitan City Mayor: <Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
1. To accept the reports filed by the persons who intend to engage in a fishery product-processing business pursuant to Article 19-5 (1) of the Act and Article 25-6 (2) 1 of this Decree;
2. To restrict items of production, to suspend business, to close business places, and to take measures for closing business places in relation to the fishery product-processing business provided for in Article 19-6 (1) and (2) of the Act (only applicable to the fishery product-processing business provided for in Article 25-6 (2) 1 and 2);
3. To conduct hearings in relation to Article 33-2 (1) 3 of the Act (only applicable to the fishery product-processing business provided for in Article 25-6 (2) 1 and 2);
4. To impose and collect the administrative fines (only applicable to the fishery product-processing business provided for in Article 25-6 (2) 1 and 2) pursuant to Article 38 (1) 1 and Article 38 (2) of the Act.
(10) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall entrust the following affairs to the Korea Agro-Fisheries and Food Trade Corporation incorporated under the Korea Agro-Fisheries and Food Trade Corporation Act: <Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
1. Training experts in the food industry provided for in Article 7 of the Act;
2. Affairs related to the statistical survey and analysis of the food industry provided for in Article 9 of the Act;
3. Affairs related to supporting consultation on the food industry provided for in Article 15 of the Act.
(11) Pursuant to Article 34 of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the affairs related to globalizing the traditional food and dietary culture provided for in Article 17 of the Act to the institutions for Korean food globalizing projects designated under Article 17-2 of the Act. <Newly Inserted by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24485, Mar. 23, 2013>
 Article 39-2 (Review of Regulation)
(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall review the appropriateness of the matters, etc. to be stated in the articles of association provided for in Article 12 every three years, counting from January 1st, 2017 (referring to the period that ends on the day before January 1st of every third year) and take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
(2) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall review the appropriateness of the products certified under the national certification system provided for in Article 36 every three years, counting from January 1st, 2016 (referring to the period that ends on the day before January 1st of every third year) and take measures, such as making improvements.
[This Article Wholly Amended by Presidential Decree No. 26860, Jan. 6, 2016]
 Article 40 (Criteria for Imposition of Administrative Fines)
Criteria for imposing the administrative fines provided for in Article 38 (1) and (2) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 26523, Sep. 15, 2015>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 28, 2008.
Article 2 (Repeal of other Acts and Subordinate Statutes)
The Enforcement Decree of the Fosterage of Agricultural Products Processing Industry Act is hereby repealed.
Article 3 (Transitional Measures Concerning Designation of Master and Application for Quality Certification of Traditional Food, etc.)
An application for designation of a traditional food master filed under Article 14 of the former Enforcement Decree of the Fosterage of Agricultural Products Processing Industry Act and an application for quality certification of specialty products filed under Article 22 of the aforementioned Enforcement Decree, and an application for quality certification of traditional food filed under Article 27 of the aforementioned Enforcement Decree as at the time this Decree enters into force shall be governed by the former provisions, notwithstanding the provisions of this Decree.
Article 4 (Transitional Measures Concerning Items Subject to Quality Certification)
Items of traditional food subject to quality certification that have been designated and publicly announced by the Minister of Agriculture, Food and Rural Affairs pursuant to Article 28 of the former Enforcement Decree of the Fosterage of Agricultural Products Processing Industry Act as at the time this Decree enters into force shall be deemed designated and publicly announced pursuant to Article 27.
Article 5 (Transitional Measures Concerning Establishment of Standards for Products Subject to Quality Certification)
The standards for the products subject to quality certification publicly announced pursuant to Article 29 of the former Enforcement Decree of the Fosterage of Agricultural Products Processing Industry Act as at the time this Decree enters into force shall be deemed publicly announced pursuant to Article 28.
Article 6 (Relationship with other Acts and Subordinate Statutes)
Any citation of the former Enforcement Decree of the Fosterage of Agricultural Products Processing Industry Act or of any provisions thereof in other Acts or subordinate statutes as at the time this Decree enters into force shall be deemed a citation of this Decree or corresponding provisions hereof in lieu of the former Enforcement Decree of the Fosterage of Agricultural Products Processing Industry Act or any provisions thereof, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 23064, Aug. 3, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Concerning Certification Agencies for Quality Food)
An agency for certifying quality food designated under the former provisions as at the time this Decree enters into force shall hire the personnel provided for in the amended provisions of Article 31 (1) 2, and shall establish the business regulations provided for in the amended provisions of subparagraph 4 of Article 31 (1) within one year from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23962, Jul. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Article 2 (Transitional Measures concerning Registration of Fishery Products Processing Business)
Where a fishery product processing business has been registered or an application for registration has been filed with the Busan Metropolitan City Mayor as at the time this Decree enters into force pursuant to the former provisions, the fishery product processing business shall be deemed reported to or a report thereon shall be deemed filed with the Busan Metropolitan City Mayor pursuant to the amended provisions of Article 39 (8).
Article 3 Omitted.
Article 4 (Relationship with other Acts and Subordinate Statutes)
Any citation of the former Enforcement Decree of the Quality Control of Fishery Products Act or of any provisions thereof in other Acts or subordinate statutes as at the time this Decree enters into force shall be deemed a citation of this Decree or corresponding provisions hereof in lieu of the former Enforcement Decree of the Fishery Products Control Act or any provisions thereof, if such corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 24485, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24560, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 2, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25792, Nov. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26523, Sep. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26860, Jan. 6, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26967, Feb. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 12, 2016.
ADDENDA <Presidential Decree No. 27059, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27916, Feb. 28, 2017>
This Decree shall enter into force on March 3, 2017.
ADDENDA <Presidential Decree No. 28152, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28467, Dec. 12, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force on January 1, 2018.