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ENFORCEMENT DECREE OF THE FERTILIZER CONTROL ACT

Wholly Amended by Presidential Decree No. 15177, Dec. 5, 1996

Amended by Presidential Decree No. 15598, Dec. 31, 1997

Presidential Decree No. 15853, Aug. 1, 1998

Presidential Decree No. 16443, jun. 30, 1999

Presidential Decree No. 16757, Mar. 24, 2000

Presidential Decree No. 18014, jun. 25, 2003

Presidential Decree No. 18413, jun. 5, 2004

Presidential Decree No. 20506, Dec. 31, 2007

Presidential Decree No. 20677, Feb. 29, 2008

Presidential Decree No. 20981, Aug. 27, 2008

Presidential Decree No. 21626, Jul. 7, 2009

Presidential Decree No. 22735, Mar. 29, 2011

Presidential Decree No. 23494, Jan. 6, 2012

Presidential Decree No. 24455, Mar. 23, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25919, Dec. 30, 2014

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28215, jun. 27, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide the matters delegated by the Fertilizer Control Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20981, Aug. 27, 2008>
 Article 1-2 (Exceptions to Application of Act)
The provisions of the Fertilizer Control Act (hereinafter referred to as the "Act") shall not apply to any of the following cases pursuant to Article 3 (2) of the Act:
1. Where a person engaged in agriculture, forestry, livestock breeding or fisheries produces and sells by-product fertilizers weighing less than 1.5 tons each day on average by utilizing by-products generated during carrying on the relevant business;
2. Where a person engaged in agriculture, forestry, livestock breeding or fisheries produces and gratuitously distributes or supplies by-product fertilizers by utilizing by-products generated during carrying on the relevant business.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 2 (Organization of Deliberative Council on Official Standards of Fertilizers)
(1) The Deliberative Council on Official Standards of Fertilizers (hereinafter referred to as the "Council") shall be established in the Rural Development Administration pursuant to Article 4 (6) of the Act.
(2) The Council shall be comprised of not more than 15 members including one Chairperson and one Vice-Chairperson, on condition that the Deputy Administrator of the Rural Development Administration shall become the Chairperson, a director general in charge of fertilizer-related affairs at the Rural Development Adminstration shall become the Vice-Chairperson and the following persons whom the Administrator of the Rural Development Administration appoints or commissions shall become the members: <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
1. One public official in charge of fertilizer-related affairs who belongs to the Ministry of Agriculture, Food and Rural Affairs;
2. Three public officials in charge of fertilizer-related affairs who belong to the Rural Development Administration;
3. One public official in charge of fertilizer-related affairs who belongs to a local government;
4. Not more than four persons with abundant knowledge and experience in fertilizers and agricultural environment;
5. Not more than four executives or employees from the producers' organizations, users' organizations, and consumers' organizations of fertilizer.
(3) The term of office of members referred to in paragraph (2) 4 and 5 shall be three years.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 3 (Functions of Council)
The Council shall deliberate on the following:
1. Establishment, revision or abolition of official standards referred to in Article 4 of the Act and designation or abolition of by-product fertilizers;
2. Designation and publication of exemplary fertilizers referred to in Article 8;
3. Other matters the Administrator of the Rural Development Administration refers to discussion for the quality control of fertilizers.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 4 (Duties of Chairperson, etc.)
(1) The Chairperson of the Council (hereinafter referred to as the "Chairperson") shall represent the Council and exercise overall control over the affairs of the Council.
(2) The Vice-Chairperson shall assist the Chairperson and act for the Chairperson when the Chairperson is unable to conduct his/her duties due to extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 5 (Meetings)
(1) The Chairperson shall convene and preside over the meetings of the Council.
(2) A majority of the members of the Council shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 6 (Executive Secretary and Clerk)
(1) The Council shall have one executive secretary and one clerk whom the Administrator of the Rural Development Administration shall appoint from among the public officials belonging to the Rural Development Administration.
(2) The executive secretary shall handle administrative affairs of the Council under the command of the Chairperson and the clerk shall assist the executive secretary.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 7 (Allowances, etc.)
Allowances and travel expenses may be paid to members attending meetings of the Council within budgetary limits: Provided, That the foregoing shall not apply to members who are public officials attending meetings in direct connection with their duties.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 8 (Promotion of Exemplary Fertilizer Development)
(1) When fertilizers newly developed or fertilizers with improved quality referred to in Article 6 of the Act are deemed to contribute to protecting the agricultural environment and soil and raising agricultural productivity, the Minister of Agriculture, Food and Rural Affairs shall designate and publish such fertilizers as exemplary fertilizers following deliberation by the Council. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs shall determine and publish standards for recognition of exemplary fertilizers referred to in paragraph (1) following consultation with the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
(3) In order to facilitate the dissemination of exemplary fertilizers designated and published pursuant to paragraph (1), the Minister of Agriculture, Food and Rural Affairs may have the following institutions instruct the method of use of such fertilizers, provide information on the purchase of such fertilizers, or take other necessary measures: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Decree No. 28215, Jun. 27, 2017>
1. Local governments;
2. Cooperatives, the National Agricultural Cooperative Federation and NongHyup Economic Holding Company referred to in the Agricultural Cooperatives Act.
(4) In order to facilitate the development and dissemination of exemplary fertilizers, the Government may provide necessary funds within budgetary limits.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 8-2 (Standards for Calculation of Amount of Loss)
(1) The amount of loss referred to in Article 7 (2) of the Act shall be converted into the current price prevailing at the time when the accident occurred, on the condition that when the timing of occurrence of the accident is ambiguous, the current price prevailing at the time when such fact is discovered shall apply.
(2) When it is deemed that a loss is caused by natural disasters or other inevitable causes, the Minister of Agriculture, Food and Rural Affairs may mitigate the amount of compensation or remit the compensation in consideration of all the relevant circumstantial conditions which existed at the time of the accident. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 8-3 (Procedures for Indemnification)
(1) Where an accident under Article 7 (2) of the Act has occurred, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") or the National Agricultural Cooperatives Federation shall immediately report such fact to the Minister of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
(2) Where the Minister of Agriculture, Food and Rural Affairs has received the report under paragraph (1), he/she shall confirm the fact, decide the amount of indemnification pursuant to the standards for calculation of the amount of losses under Article 8-2, and give notice thereof to the Mayor/Do Governor or the National Agricultural Cooperatives Federation. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
(3) The Mayor/Do Governor or the National Agricultural Cooperatives Federation shall pay the amount of indemnification to a receiving agency determined by the Minister of Agriculture, Food and Rural Affairs, within 30 days from receipt of a notice of a decision on indemnification pursuant to paragraph (2). <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 20981, Aug. 27, 2008]
 Article 9 (Fertilizer Account)
(1) No funds which the Government makes up for in the fertilizer account pursuant to Article 8 (2) and (3) of the Act shall be used for purposes other than the purpose of redemption of debts in the fertilizer account (including money borrowed from the National Agricultural Cooperative Federation) and the interest accrued therefrom.
(2) The Chairperson of the National Agricultural Cooperative Federation shall prepare a report on the settlement of the fertilizer account which includes the following matters each year and submit it to the Minister of Agriculture, Food and Rural Affairs by March 20 of the following year: <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
1. Profit and loss statement and balance sheet of the year concerned;
2. Annexed detailed statements determined by the Minister of Agriculture, Food and Rural Affairs.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 10 (Standards, Assessment, etc. of Risk)
(1) Standards for the risk of heavy metals contained in fertilizers and in the raw materials thereof by which importation may be limited pursuant to Article 10 of the Act are as shown in attached Table 1.
(2) Any person who imports fertilizers and the raw materials thereof for which standards for the risk of heavy metals have been determined pursuant to paragraph (1) shall undergo risk assessment conducted by an institution the Minister of Agriculture, Food and Rural Affairs designates, before customs clearance pursuant to Article 10 (3) of the Act: Provided, That the foregoing shall not apply when the results of assessment issued by a government agency of the exporting nation are below the risk standards shown in attached Table 1. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 11 (Registration of Fertilizer Production Business)
(1) Any person who intends to obtain the registration of a fertilizer production business pursuant to Article 11 (1) of the Act shall submit (including submission by electronic means) an application for registration stating the following matters by types of fertilizers to the head of the Si (including a Special Self-Governing Province Governor; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) along with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended by Presidential Decree No. 23494, Jan. 6, 2012; Presidential Decree No. 24455, Mar. 23, 2013>
1. Applicants' address and name (in cases of a corporation, name of the corporation and name of representative of the corporation);
2. Kinds and names of fertilizers;
3. Guaranteed components, hazardous components and other specifications;
4. The seats of a place of manufacture and warehouses;
5. Names of raw materials used for manufacturing and the input ratios thereof.
(2) Deleted. <by Presidential Decree No. 18413, Jun. 5, 2004>
(3) When the examination of details of an application referred to in paragraph (1) reveals that the fertilizers which are intended to be produced conform to the official standards of fertilizers and the matters applied for the registration of the relevant fertilizers do not fall under the grounds for restrictions on registration referred to in Article 23 (1) of the Act, the head of a Si/Gun/Gu shall not reject the registration of the fertilizer production business. <Amended by Presidential Decree No. 23494, Jan. 6, 2012>
(4) When the head of a Si/Gun/Gu has registered a fertilizer production business pursuant to paragraph (3), he/she shall record the registration number, the date of registration and matters in the subparagraphs of paragraph (1) in the register and issue a certificate of registration to the applicant. <Amended by Presidential Decree No. 23494, Jan. 6, 2012>
(5) Registers referred to in paragraph (4) shall be prepared and managed by a method in which they can be electronically processed unless there exists any special cause which makes electronic processing impossible. <Amended by Presidential Decree No. 23494, Jan. 6, 2012>
 Article 12 (Facilities Required for Registration of Fertilizer Production Business, Other Standards for Registration, etc.)
(1) Facilities required for the registration of fertilizer production business referred to in Article 11 (3) of the Act and other standards for registration are as shown in attached Table 2.
(2) A by-product fertilizer production business referred to in the proviso to Article 11 (1) of the Act shall mean a business producing by-product fertilizers referred to in Article 1-2.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 13 (Report on Alterations, etc. in Registered Matters of Fertilizer Production Business)
In cases where a fertilizer producer intends to make a report on any alteration in the matters already registered or discontinuance of business pursuant to Article 11 (4) of the Act, he/she shall submit, to the head of a Si/Gun/Gu, a report which includes information on the relevant matters out of the matters prescribed in the following subparagraphs, together with a certificate of registration: <Amended by Presidential Decree No. 16443, Jun. 30, 1999; Presidential Decree No. 20981, Aug. 27, 2008>
1. The address and name of the reporter (in cases of a juristic person, the title of the juristic person and the name of its representative);
2. In cases of an alteration in the registered matters, the altered matters and the date of such alteration;
3. Deleted; <by Presidential Decree No. 16443, Jun. 30, 1999>
4. In cases of the closure of business, the date of such closure.
 Article 14 (Report of Fertilizer Import Business)
(1) Any person who intends to make a report of a fertilizer import business pursuant to Article 12 (1) of the Act shall present a report stating the matters under the following subparagraphs by types of fertilizers to the head of a Si/Gun/Gu along with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
1. The address and name of the reporter (in cases of a corporation, the title of the corporation and the name of its representative);
2. Kinds and names of fertilizers;
3. Names of raw materials used for production and the input ratios thereof;
4. Guaranteed components, harmful components and other specifications;
5. The seat of a place of business.
(2) Where a fertilizer importer intends to make a report on alteration of matters already reported or closure of business pursuant to Article 12 (2) of the Act, he/she shall present a report stating the relevant matters out of the matters under the following subparagraphs to the head of a Si/Gun/Gu along with a certificate of report:
1. The address and name of the reporter (in cases of a corporation, the title of the corporation and the name of its representative);
2. In cases of alteration in the matters already reported, the matters altered and the date of such alteration;
3. In cases of closure of business, the date thereof.
[This Article Newly Inserted by Presidential Decree No. 20981, Aug. 27, 2008]
 Article 15 (Methods of Quality Inspection, etc.)
The Minister of Agriculture, Food and Rural Affairs shall determine and publish methods of quality inspection and standards for collection of testing samples under Articles 18 and 24 of the Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 16 (Types of Violations Subject to Imposition of Penalty Surcharges and Amount thereof)
Standards for imposition of penalty surcharges by types and degrees of violations which are subject to imposition of penalty surcharges pursuant to Article 21 (2) of the Act are as shown in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 17 (Imposition and Payment of Penalty Surcharges)
(1) When the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 21 of the Act, he/she shall give written notice thereof (including notification by electronic means, when a person subject to imposition of a penalty surcharge desires), clarifying the type of the relevant violation, amount of the relevant penalty surcharge, etc.
(2) A person shall pay a penalty surcharge to a receiving institution the head of a Si/Gun/Gu designates, within 60 days from receipt of a notice pursuant to paragraph (1): Provided, That when it is impractical to pay the penalty surcharge within the said period due to natural disasters or other extenuating circumstances, he/she shall pay it within seven days from the date on which such circumstance ceases to exist.
(3) A receiving institution which receives a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a person who paid the penalty surcharge.
(4) A penalty surcharge-receiving institution shall, upon receipt of a penalty surcharge pursuant to paragraph (2), give immediate notice thereof to the head of a Si/Gun/Gu.
(5) No penalty surcharge shall be paid in installments.
[This Article Wholly Amended by Presidential Decree No. 23494, Jan. 6, 2012]
 Article 18 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>
 Article 19 (Delegation of Authority)
(1) Deleted. <by Presidential Decree No. 16443, Jun. 30, 1999>
(2) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Administrator of the Rural Development Administration pursuant to Article 26 of the Act: <Amended by Presidential Decree No. 23494, Jan. 6, 2012; Presidential Decree No. 24455, Mar. 23, 2013>
1. Establishment, revision and abolition of official standards, designation and abolition of by-product fertilizers, and the publication thereof under Article 4 of the Act;
2. Designation, designation for change, and re-designation of testing and research institutes under Article 4-2 (1), (2) and (4) of the Act;
3. Cancellation of designation and issuance of order for suspension of business of testing and research institutes under Article 4-3 (1) of the Act;
4. Quality inspection under Article 18 (2) of the Act;
5. Hearings on the cancellation of designation and issuance of order for suspension of business of testing and research institutes under Article 22 (1) of the Act;
6. Requests for the collection of testing samples and submission of materials and documents under Article 24 (2) of the Act;
7. Imposition and collection of administrative fines under Article 32 of the Act;
8. Designation and publication of exemplary fertilizers and establishment and publication of standards for recognition of exemplary fertilizers under Article 8 (1) and (2);
9. Establishment and publication of methods of quality inspection and standards for collection of testing samples under Article 15.
 Article 19-2 (Management of Personally Identifiable Information)
The head of a Si/Gun/Gu (including a person to whom his or her authority is delegated or entrusted if the relevant authority is delegated or entrusted) may manage materials including resident registration numbers under the Enforcement Decree of the Personal Information Protection Act if inevitable to perform the following duties:
1. Registration of the fertilizer production business under Article 11 (1) of the Act;
2. Report of the fertilizer import business under Article 12 (1) of the Act.
[This Article Newly Inserted by Act No. 27960, Mar. 27, 2017]
 Article 19-3 (Re-Examination of Regulation)
The Minister of Agriculture, Food and Rural Affairs shall examine the appropriateness of the standards to impose an administrative fine in compliance with Article 20 and attached Table 4 every three years, counting from January 1, 2017 on (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended by Act No. 27751, Dec. 30, 2016>
[This Article Newly Inserted by Act No. 25919, Dec. 20, 2014]
 Article 20 (Standards for Imposition of Administrative Fines)
Standards for imposition of administrative fines under Articles 30 and 31 of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 20981, Aug. 27, 2008]
ADDENDUM
This Decree shall enter into force on January 1, 1997.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15853, Aug. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 1, 1998.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16443, Jun. 30, 1999>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1999.
(2) (Transitional Measures concerning Members of Council) The members of the Council in active service at the time this Decree enters into force shall be deemed to have been appointed or commissioned by the Administrator of the Rural Development Administration.
ADDENDA <Presidential Decree No. 16757, Mar. 24, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18014, Jun. 25, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Administrative Fines) The former provisions shall govern the application of administrative fines to the acts committed prior to the enforcement of this Decree.
ADDENDA <Presidential Decree No. 18413, Jun. 5, 2004>
(1) (Enforcement Date) This Decree shall enter into force on June 12, 2004.
(2) (Applicability to Criteria for Harmfulness of Heavy Metals) The amended provisions of subparagraph 1 of attached Table 1 shall apply to the portion of first imports after this Decree enters into force.
(3) (Applicability to Criteria for Registration of Fertilizer Production Business) The amended provisions of subparagraph 2 of attached Table 2 shall apply to the portion of the first application for registration after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20677, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20981, Aug. 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation
ADDENDA <Presidential Decree No. 22735, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Surcharges)
(1) Notwithstanding the amended provisions of attached Table 3, the previous provisions shall govern the application of criteria for the imposition of penalty surcharges against the offensive acts committed before this Decree enters into force.
(2) No disposition of penalty surcharge that is issued due to an offensive act committed before this Decree enters into force shall be included in the offensive acts in the amended provisions of subparagraph 1 (d) (i) and (ii) of attached Table 3.
Article 3 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 4, the previous provisions shall govern the application of criteria for the imposition of administrative fines against the offensive acts committed before this Decree enters into force.
(2) No disposition of penalty charge that is issued due to an offensive act committed before this Decree enters into force shall be included in the calculation of the number of times of committing offensive acts in the amended provisions of attached Table 4.
ADDENDUM <Presidential Decree No. 23494, Jan. 6, 2012>
This Decree shall enter into force on January 15, 2012.
ADDENDA <Presidential Decree No. 24455, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 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 6 Omitted.
Article 7 (Transitional Measure concerning Amendment of Enforcement Decree of Fertilizer Control Act)
In applying the standards to impose administrative fines for a violation committed before this Decree enters into force, the former provisions shall apply notwithstanding the amended provisions of subparagraph 2 (a) and (b) of attached Table 4.
Articles 8 through 16 Omitted.
ADDENDUM <Presidential Decree No. 25919, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
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. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
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.