ENFORCEMENT DECREE OF THE ACT ON SPECIAL MEASURES FOR THE CONTROL OF PUBLIC HEALTH CRIMES
Presidential Decree No. 4326, Nov. 27, 1969
Amended by Presidential Decree No. 14446, Dec. 23, 1994
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 22075, Mar. 15, 2010
| Article 2 (Definition of Terms) |
The term "primary ingredients" in this Decree means main ingredients or bases which, being neither secondary ingredients nor vehicles nor additives, shall exert a direct effect on the efficacy of medicines.
| Article 3 (Specific Medicines) |
| 1. | Antibiotics and medicines for oral consumption or injections among such stuffs; |
| 2. | Medicines for oral consumption or injections among biological stuffs. |
| Article 4 (Standards for Harmfulness of Illegal Foods) |
Cases where it contains coloring agents, other than those allowed;
Cases where it contains coloring agents or aseptics, other than those allowed, or contains not less than two ppm of arsenic or not less than three ppm of lead;
Cases where it contains aseptics, other than those allowed;
Cases where it contains aseptics, other than those allowed;
Cases where it contains aseptics, other than those allowed or where phosphate is detected therein;
| 6. | Meat and fish meat products: |
Cases where they contain aseptics, other than those allowed, or contain not less than three ppm of lead;
Cases where they contain coloring agents or aseptics, other than those allowed, or they contain not less than 0.3ppm of arsenic or not less than 0.5ppm of lead;
| 8. | Soy sauce, soy paste, and hot pepper paste: |
Cases where it contains coloring agents or aseptics, other than those allowed, or contains not less than five ppm of arsenic.;
Cases where they contain coloring agents or aseptics, other than those allowed, or contain not less than one ㎎ of methyl alcohol per one ㎖ of alcoholic liquor;
| 10. | Powdered soft drinks: |
Cases where they contain coloring agents or aseptics, other than those allowed, or contain not less than 0.3ppm of arsenic or not less than 0.5ppm of lead in the solution state;
| Article 5 (Standards for Harmfulness of Illegal Medicines, etc.) |
| (1) | The standards for "being seriously harmful to human body" in Article 3 (1) 1 of the Act means those medicines for which the maximum doses of their ingredients are indicated on their authentic certificates designated by the Korean Pharmacopoeia or the Minister of Health and Welfare, and refers to cases where the maximum doses are exceeded.
<Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The standards for "considerably lack the efficacy and contents" in Articles 3 (1) 1 and 7 (1) of the Act means cases where the total content of the primary ingredients of medicines or cosmetics measured at the time of their production fall short of the minimum effective dose. |
| Article 6 (Amount of Reward) |
| (1) | The amount of the reward mentioned in Article 9 (1) of the Act shall be 20/100 percentage of the fine levied on the relevant case, and the total reward, shall not exceed half million won. |
| (2) | When the relevant case is suspended from persecution by a public prosecutor, notwithstanding the preceding paragraph, the Minister of Health and Welfare shall determine the amount of the reward after taking into account the merit of the deed concerned, the gravity of the crime, and other related circumstances, to the limit of thirty thousand won.
<Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 7 (Enforcement Rules) |
Matters necessary for the enforcement of this Decree shall be determined by Ordinance of the Ministry of Health and Welfare.
<Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso is Omitted.)
Articles 2 and 3
Omitted.
ADDENDA<Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.