ENFORCEMENT DECREE OF THE SPECIAL ACT ON SAFETY MANAGEMENT OF CHILDREN'S DIETARY LIFESTYLE
Presidential Decree No. 21359, Mar. 20, 2009
Amended by Presidential Decree No. 21676, Aug. 6, 2009
Presidential Decree No. 22000, Jan. 26, 2010
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22497, Nov. 19, 2010
Presidential Decree No. 22906, Apr. 22, 2011
Presidential Decree No. 23154, Sep. 22, 2011
Presidential Decree No. 24155, Oct. 29, 2012
Presidential Decree No. 24351, Feb. 5, 2013
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25131, Jan. 28, 2014
Presidential Decree No. 26065, Jan. 28, 2015
Presidential Decree No. 26453, Jul. 24, 2015
| Article 2 (Children's Favorite Food) |
| Article 3 (Designation, etc. of Children's Food Safety and Protection Zones) |
| (1) | Where the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) intends to designate a children's food safety and protection zone (hereinafter referred to as "children's food safety and protection zone") under Article 5 (1) of the Act, he/she shall hold consultations with the superintendent of the competent office of education under Article 34 (3) of the Local Education Autonomy Act. |
| (2) | Where the head of a Si/Gun/Gu intends to designate a children's food safety and protection zone, he/she shall pre-examine the following matters: |
| 1. | Number and kinds of food vending machines installed in and around the school; |
| 2. | Kinds, etc. of major foods being sold in the school; |
| 3. | Number of pupils attending school; |
| 4. | Number and kinds of stores preparing, displaying, or selling children's favorite foods around the school. |
| (3) | Where the head of a Si/Gun/Gu has designated a children's food safety and protection zone, he/she shall notify the Minister of Food and Drug Safety of the designation thereof and manage such children's food safety and protection zone, as prescribed by Prime Ministerial Decree. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| (4) | Where the relevant school is abolished or there are changes in the circumstances surrounding the school, the head of a Si/Gun/Gu may cancel the designation of a children's food safety and protection zone or change the designated zone in consultation with the superintendent of the office of education under paragraph (1). |
| Article 4 (Installation and Management of Signboards, etc. Indicating Children's Food Safety and Protection Zones) |
Where the head of a Si/Gun/Gu designates a children's food safety and protection zone, he/she shall install and manage a signboard, etc., as prescribed by Prime Ministerial Decree. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013>
| Article 5 (Business Establishments where Children's Favorite Foods are Prepared and Sold) |
"Business establishments prescribed by Presidential Decree" in Article 6 (1) of the Act, means the following business establishments: <Amended by Presidential Decree No. 21676, Aug. 6, 2009; Presidential Decree No. 22000, Jan. 26, 2010> | 1. | Business establishments where instantly-available food manufacturing or processing business is conducted under subparagraph 2 of Article 21 of the Enforcement Decree of the Food Sanitation Act, food vending machine business prescribed in subparagraph 5 (b) ii) of the aforesaid Article, other food-selling business prescribed in vi) of the aforesaid item, restaurant business prescribed in subparagraph 8 (a) of the aforesaid Article, which does not serve alcoholic beverages, general restaurant business prescribed in item (b) of the aforesaid subparagraph and confectionery business prescribed in item (f) of the aforesaid subparagraph; |
| 2. | In addition to business establishments prescribed in subparagraph 1, business establishments where children's favorite foods are displayed and sold inside places frequented by children, such as school stores, supermarkets, convenience stores, stationery stores, and places where food vending machines are installed. |
| Article 6 (Subsidization, etc. of Expenses Incurred in Improving or Repairing Facilities of Exemplary Business Establishments) |
The head of a Si/Gun/Gu may subsidize any of the following expenses from the national treasury to those who intend to obtain designation as exemplary business establishments, or subsidize expenses or provides funds thereto from the Food Promotion Fund (hereinafter referred to as the "Food Promotion Fund") under Article 89 of the Food Sanitation Act pursuant to Article 7 (3) of the Act: <Amended by Presidential Decree No. 22000, Jan. 26, 2010; Presidential Decree No. 22906, Apr. 22, 2011> | 1. | Expenses incurred in installing refrigeration facilities or freezing facilities; |
| 2. | Expenses incurred in installing tableware sterilization facilities; |
| 3. | Expenses incurred in purchasing sanitary covers; |
| 4. | Expenses incurred in improving or repairing restrooms; |
| 5. | through 7. Deleted; <by Presidential Decree No.26065, Jan. 28, 2015> |
| 8. | Expenses incurred in installing food waste disposal equipment; |
| 9. | Deleted; <by Presidential Decree No. 26065, Jan. 28, 2015> |
| 10. | Other expenses incurred in improving or repairing cookware and cooking facilities, and display and sales facilities. |
| Article 7 (Restrictions on or Prohibition of Sale of High-Calorie, Low-Nutrient Foods, etc.) |
| (1) | Where the Minister of Food and Drug Safety intends to restrict or prohibit the sale of high-calorie, low-nutrient foods pursuant to Article 8 (2) of the Act, he/she shall notify schools and exemplary business establishments of a list of high-calorie, low-nutrient foods in advance, or publicly announce such list on the website of the Ministry of Food and Drug Safety. <Amended by Presidential Decree No. 22906, Apr. 22, 2011; Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | Where the Minister of Food and Drug Safety intends to restrict or prohibit the sale of caffeine-rich foods pursuant to Article 8 (2) of the Act, he/she shall restrict or prohibit the sale of such foods falling into the category of children's favorite foods, and pre-notify schools and exemplary business establishments of the details thereof, or publicly announce the details thereof on the website of the Ministry of Food and Drug Safety. <Added by Presidential Decree No. 25131, Jan. 28, 2014> |
| Article 7-2 (Restrictions, etc. on Advertising Time) |
| (1) | The time during which television advertising of high-calorie, low-nutrient foods and caffeine-rich foods is restricted to those manufacturing, processing, importing, distributing, or selling children's favorite foods pursuant to Article 10 (2) of the Act, shall be from 5:00 pm to 7:00 pm. <Amended by Presidential Decree No. 25131, Jan. 28, 2014> |
| (2) | In addition to the time during which television advertising is restricted under paragraph (1), the Minister of Food and Drug Safety may order those manufacturing, processing, importing, distributing, or selling children's favorite foods not to advertise high-calorie, low nutrient foods and caffeine-rich foods during the television program (referring to commercial breaks prescribed in Article 73 (2) 2 of the Broadcasting Act; hereinafter the same shall apply) mainly intended for children. <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25131, Jan. 28, 2014> |
| (3) | The Minister of Food and Drug Safety shall determine the scope, etc. of television programs mainly intended for children prescribed in paragraph (2) in consultation with the Ministry of Science, ICT and Future Planning and Korea Communications Commission. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (4) | Where the Minister of Food and Drug Safety intends to prohibit commercial breaks pursuant to paragraph (2), he/she shall refer the agenda to the Committee on Safety Management of Children's Dietary Life for deliberation (hereinafter referred to as the "Committee") under Article 25 of the Act. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (5) | The provisions of paragraphs (1) through (4) shall apply to cases where those manufacturing, processing, importing, distributing, or selling children's favorite foods advertise or intend to advertise high-calorie, low nutrient foods and caffeine-rich foods until January 26, 2018. <Amended by Presidential Decree No. 25131, Jan. 28, 2014; Presidential Decree No. 26065, Jan. 28, 2015> |
[This Article Wholly Amended by Presidential Decree 24351, Feb. 5, 2013]
| Article 8 (Business Operators Required to Display Nutrition Information) |
| Article 9 Deleted. <by Presidential Decree No. 22000, Jan. 16, 2010> |
| Article 10 (Entrustment of Affairs concerning Quality Certification) |
| (1) | The Minister of Food and Drug Safety may entrust affairs concerning quality certification to any of the following institutions or organizations pursuant to Article 14 (3) of the Act: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | A government-funded research institute related to foods among government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (2) | Where the Minister of Food and Drug Safety entrusts affairs pursuant to paragraph (1), he/she shall publicly announce such entrustment of affairs. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 11 (Entrustment of Affairs concerning Designation of Children's Health-Friendly Enterprises) |
| (1) | The Minister of Food and Drug Safety may entrust affairs concerning designation of children's health-friendly enterprises to any of the following institutions or organizations pursuant to Article 20 of the Act: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | A government-funded research institute related to food among government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (2) | Where the Minister of Food and Drug Safety entrusts affairs pursuant to paragraph (1), he/she shall publicly announce such entrustment of affairs. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 12 (Meal Facilities Eligible for Support from Children’s Meal Service Support Centers) |
"Other meal facilities prescribed by Presidential Decree" in Article 21 (1) 4, means a meal facility in any of the following facilities: <Amended by Presidential Decree No. 26065, Jan. 28, 2015> | 3. | A facility in which children account for at least 50 percent of the number of persons for whom meals are regularly provided at one time among welfare facilities for persons with disabilities under the Act on Welfare of Persons with Disabilities. |
| Article 12-2 (Entrustment of Operation of Children’s Meal Service Support Centers, etc.) |
| (1) | The Minister of Food and Drug Safety, the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as the Mayor/Do Governor") or the head of a Si/Gun/Gu may entrust the operation of the central meal service support center or a children’s meal service support center, to any of the following institutions or organizations related to foods pursuant to Article 21 (3) of the Act: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 26065, Jan. 28, 2015> |
| 1. | A government-funded research institute related to food among government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 3. | A university, industrial college, or junior college in which the department related to food or nutrition is established among universities, industrial colleges, or junior colleges under the Higher Education Act; |
| 4. | Other nonprofit corporations or nonprofit organizations related to food determined and publicly announced by the Minister of Food and Drug Safety in consultation with the Minister of Health and Welfare. |
| (2) | Where the Minister of Food and Drug Safety, the Mayor/Do Governor, or the head of a Si/Gun/Gu intends to entrust the operation of the central meal service support center or a children’s meal service support center pursuant to paragraph (1), he/she shall publicly announce the name of an institution entrusted with the operation thereof and the scope of affairs entrusted on the website, etc. <Amended by Presidential Decree No. 26065, Jan. 28, 2015> |
[This Article Added by Presidential Decree No. 23154, Sept. 22, 2011]
| Article 13 (Operation, etc. of Children’s Meal Service Support Centers) |
| (1) | The number of dieticians and persons responsible for the sanitation of a children’s meal service support center pursuant to Article 21 (4) of the Act shall be at least each one person per 20 meal facilities (hereinafter referred to as "meal facilities") eligible for support under Article 21 (1) of the Act: Provided, That where it is deemed necessary in consideration of the size of meal facilities and the distance between meal facilities, lenient standards formulated and publicly announced by the Minister of Food and Drug Safety may apply in such cases. <Amended by Presidential Decree No. 26065, Jan. 28, 2015; Presidential Decree No. 26453, Jul. 24, 2015> |
| (2) | The scope of duties of a dietician and a person responsible for the sanitation of children’s meal service support centers under paragraph (1) shall be as follows: <Amended by Presidential Decree No. 26065, Jan. 28, 2015> |
| 1. | Dietician: The following duties: |
| (a) | Preparation of a menu at meal facilities; |
| (b) | Provision of information for the purchase of foodstuffs, etc.; |
| (c) | Nutrition guidance to and management of employees of meal facilities; |
| 2. | Person responsible for sanitation: The following duties: |
| (a) | Guidance for implementation of criteria for sanitary handling of foods, food additives, apparatus, containers, or packages (hereinafter referred to as "food, etc.") under Article 3 (3) of the Food Sanitation Act; |
| (b) | Providing sanitation education for employees of meal facilities; |
| (c) | Verifying whether sanitation of meal facilities meets standards for sanitation of meal facilities; |
| (d) | Verifying whether employees of meal facilities have received medical examination and guidance for receiving medical examination. |
| (3) | Where it is necessary to conduct affairs related to children’s meal service support centers, the Mayor/Do Governor or the head of a Si/Gun/Gu may request administrative agencies, public organizations, and other relevant institutions to provide cooperation, such as the provision of data and information. <Amended by Presidential Decree No. 23154, Sep. 22, 2011> |
| (4) | The heads of relevant institutions and organizations requested to provide cooperation under paragraph (3) shall provide cooperation unless there is a compelling reason not to do so. |
| Article 14 (Subsidization of Expenses Incurred in Establishing and Operating Children’s Meal Service Support Centers) |
The State or a local government may subsidize any of the following expenses, from the national treasury or local government expenses within budgetary limits, or provide funds from the Food Promotion Fund pursuant to Article 21 (5) of the Act: <Amended by Presidential Decree No. 26065, Jan. 28, 2015> | 1. | Salaries of dieticians and persons in charge of sanitation working with children’s meal service support centers; |
| 2. | Rents for children’s meal service support centers; |
| 3. | Expenses incurred in constructing a system for providing information about the purchase of foodstuffs to meal facilities; |
| 4. | Expenses incurred in providing education on nutrition and sanitation for, guidance and management services to employees of meal facilities; |
| 5. | Other expenses incurred in establishing and operating children’s meal service support centers. |
| Article 15 (Examination and Public Announcement of Dietary Life Safety Index) |
The Minister of Food and Drug Safety shall examine the dietary life safety index prescribed in Article 23 (1) of the Act and publicly announce the results thereof every three years. <Amended by Presidential Decree No. 24454, Mar. 23, 2013>
| Article 16 (Entrustment of Examination of Dietary Life Safety Index) |
| (1) | The Minister of Food and Drug Safety may entrust the examination of the dietary life safety index to any of the following institutions or organizations: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | A government-funded research institute related to food among government-funded research institutes prescribed in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (2) | Where the Minister of Food and Drug Safety entrusts the examination of the dietary life safety index pursuant to paragraph (1), he/she shall publicly announce the entrustment thereof. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 17 (Composition of Committee on Safety Management of Children's Dietary Life) |
| (1) | The Committee shall be comprised of at least 30 members, including one chairperson and two vice chairpersons. <Amended by Presidential Decree No. 22000, Jan. 26, 2010> |
| (2) | The chairperson shall be elected by the Committee from among its members and persons appointed by the chairperson from among the members shall become vice chairpersons. |
| (3) | The Minister of Food and Drug Safety shall appoint or commission members of the Committee from among any of the following persons: <Amended by Presidential Decree No. 22000, Jan. 26, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 26065, Jan. 28, 2015> |
| 1. | Persons who have extensive knowledge of and experience in food safety and nutrition; |
| 3. | Public officials who conduct affairs concerning food sanitation; |
| 4. | Persons engaged in business concerning food, etc.; |
| (4) | The term of office of commissioned members shall be two years. |
| Article 17-2 (Dismissal of Members) |
Where a member of the Committee prescribed in Article 17 (3) 1, 2, 4, or 5, falls under any of the following, the Minister of Food and Drug Safety may dismiss the relevant member: | 1. | Where he/she becomes unable to perform his/her duties due to mental or physical incapacity; |
| 2. | Where he/she has committed any irregularity related to his/her duties; |
| 3. | Where he/she is deemed unfit to serve as a member of the Committee for due to neglecting his/her duties, losing dignity, or for other reasons; |
| 4. | Where a member him/herself expresses his/her intention that it is impractical for him/her to perform his/her duties. |
[This Article Added by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 18 (Chairperson and Meetings of Committee) |
| (1) | The chairperson shall represent the Committee and have general supervision and control of its affairs. |
| (2) | Vice chairpersons shall assist the chairperson, and act on his/her behalf where the chairperson is unable to perform his/her duties due to any unavoidable cause. |
| (3) | The chairperson shall convene and preside over meetings of the Committee. |
| (4) | Where the Minister of Food and Drug Safety or at least one-third of the members of the Committee demands that the chairperson convene a meeting, he/she shall immediately convene such meeting. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (5) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | The chairperson shall immediately report matters deliberated upon during each meeting of the Committee to the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 19 (Subcommittees) |
| (1) | The Committee may establish subcommittees in each specialized field in order to professionally research and review matters of discussion. |
| (2) | Matters deliberated by subcommittees shall be reported to the Chairperson. |
| Article 20 (Allowances and Travel Expenses) |
The Committee may pay allowances and reimburse travel expenses to members who attend meetings of the Committee or subcommittees and attendees requested to attend the meetings by the chairperson, within budgetary limits: Provided, That the foregoing shall not apply to cases where a member who is a public official attends meetings of the Committee in direct connection with his/her business.
| Article 21 (Detailed Rules of Operation) |
Except as prescribed in this Decree, matters necessary for the operation of the Committee and subcommittees shall be prescribed by the chairperson through a resolution passed by the Committee.
| Article 22 (Formulation, etc. of Master plan and implementation Plan) |
| (1) | Where a master plan for safety management of children's dietary life (hereinafter referred to as "master plan") as prescribed in Article 26 (1) is finalized, the Minister of Food and Drug Safety shall notify the Mayors/Do Governors of the master plan by the end of September of the year immediately preceding the year in which the master plan is to be implemented. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | The Mayors/Do Governors in receipt of notification of a master plan pursuant to paragraph (1), shall formulate an implementation plan for safety management of children's dietary life (hereinafter referred to as "implementation plan") for the relevant year in consultation with the superintendent of the office of education in each jurisdiction pursuant to Article 26 (3) of the Act, and submit the outcomes of such implementation plan and the implementation plan of the preceding year to the Minister of Food and Drug Safety by the end of January every year. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 23 (Cooperation in Formulating Plans) |
| (1) | Where necessary to formulate and implement a master plan and an implementation plan, the Minister of Food and Drug Safety and the Mayors/Do Governors may request administrative agencies, public organizations, and other relevant institutions to provide cooperation, such as the provision of data and information or the submission of opinions. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | The heads of relevant institutions and organizations requested to provide cooperation under paragraph (1), shall provide cooperation unless there is a compelling reason not to do so. |
| Article 23-2 (Re-Examination of Regulation) |
The Minister of Food and Drug Safety shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | Business operators required to display nutritional information under Article 8: January 1, 2014; |
| 2. | An institution or organization eligible to be entrusted with affairs concerning the designation of children's health-friendly enterprises under Article 11: January 1, 2014. |
[This Article Added by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 24 (Standards for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22906, Apr. 22, 2011]
ADDENDUM
This Decree shall enter into force on March 22, 2009: Provided, That Articles 8 and 9 and the columns in subparagraphs 5 and 6 of Appendix 2 shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009: Provided, That the amended provisions of Article 4 (5) of Addenda (limited to the amended provisions of Article 8) shall enter into force on January 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22000, Jan. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Period of Duration of Restrictions)
The amended provisions of Article 7-2 shall remain in force until three years elapse after the date this Decree enters into force.
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.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23154, Sep. 22, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2012. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 24351, Feb. 5, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25131, Jan. 28, 2014>
This Decree shall enter into force on January 31, 2014.
ADDENDA <Presidential Decree No. 26065, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 29, 2015: Provided, That the amended provisions of Articles 7-2 (5) and 17 (3) 5, and subparagraph 1 (g) of Appendix 1 shall enter into force on the date of their promulgation, and the amended provisions of subparagraphs 5 through 7 and 9 of Article 6 shall enter into force on July 1, 2015. Article 2 (Transitional Measures concerning Subsidization of Expenses Incurred in Improving or Repairing Exemplary Business Establishments)
Notwithstanding the amended provisions of subparagraphs 5 through 7 and 9 of Article 6, the former provisions thereof shall apply to applicants for subsidies or funding under Article 7 (3) of the Act before July 1, 2015.
ADDENDUM <Presidential Decree No. 26453, Jul. 24, 2015>
This Decree shall enter into force six months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.