ENFORCEMENT DECREE OF THE FOOD SANITATION ACT
Wholly Amended by Presidential Decree No. 21676, Aug. 6, 2009
Amended by Presidential Decree No. 21774, Oct. 8, 2009
Presidential Decree No. 21847, Nov. 26, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22332, Aug. 11, 2010
Presidential Decree No. 22424, Oct. 1, 2010
Presidential Decree No. 22497, Nov. 19, 2010
Presidential Decree No. 22794, Mar. 30, 2011
Presidential Decree No. 22906, Apr. 22, 2011
Presidential Decree No. 23380, Dec. 19, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23619, Feb. 3, 2012
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 23962, Jul. 19, 2012
Presidential Decree No. 24202, Nov. 27, 2012
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 24800, Oct. 16, 2013
Presidential Decree No. 25052, Dec. 30, 2013
Presidential Decree No. 25132, Jan. 28, 2014
Presidential Decree No. 25133, Jan. 28, 2014
Presidential Decree No. 25357, May 21, 2014
Presidential Decree No. 25529, Jul. 28, 2014
Presidential Decree No. 25792, Nov. 28, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26180, Mar. 30, 2015
Presidential Decree No. 26754, Dec. 22, 2015
Presidential Decree No. 26821, Dec. 30, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 26936, Jan. 22, 2016
Presidential Decree No. 27398, Jul. 26, 2016
Presidential Decree No. 27609, Nov. 22, 2016
Presidential Decree No. 27997, Apr. 18, 2017
Presidential Decree No. 28472, Dec. 12, 2017
Presidential Decree No. 28892, May 15, 2018
Presidential Decree No. 29368, Dec. 11, 2018
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29622, Mar. 14, 2019
Presidential Decree No. 29785, May 21, 2019
The purpose of this Decree is to prescribe matters delegated by the Food Sanitation Act and matters necessary for the enforcement thereof.
| Article 2 (Scope of Facilities Providing Meals) |
Facilities providing meals under subparagraph 12 of Article 2 of the Food Sanitation Act (hereinafter referred to as the "Act") means facilities which provide meals to not less than 50 persons at a time.
| Article 3 Deleted. <by Presidential Decree No. 29622, Mar. 14, 2019> |
| Article 4 (Subject Matter of Harm Assessment) |
| (1) | Subject matter of the harm assessment (hereinafter referred to as "harm assessment") of foods, food additives, apparatus, containers or packages (hereinafter referred to as "foods, etc.") under Article 15 (1) of the Act shall be as follows: |
| 1. | Foods, etc., that are deemed to be likely to cause harm to human health by international organizations, including Codex Alimentarius Commission or foreign governments, the sale or the collecting, manufacturing, importing, processing, using, cooking, storing, subdividing, (referring to dividing complete products and then repackaging such products for distribution; hereinafter the same shall apply), transporting or displaying of which for sale is prohibited or restricted; |
| 2. | Foods, etc., in which raws materials or ingredients likely to cause harm to human health are detected by research or inspection institutes in Korea and abroad; |
| 3. | Foods, etc., the harm assessment of which is requested by consumer organizations registered under Article 29 of the Framework Act on Consumers or institutes related to foods, and which are deemed to be likely to harm human health by the Food Sanitation Deliberation Committee (hereinafter referred to as the "Deliberation Committee") under Article 57 of the Act; |
| 4. | Foods, etc., that are produced, manufactured or mixed by using new raw materials, ingredients or technology, or, foods, for which standards or criteria concerning safety are not determined, raising concerns about harm caused to human health. |
| (2) | Harmful elements that shall be considered in harm assessment shall be as follows: |
| 1. | Chemical elements, including pesticide residues, heavy metals, food additives, residual medicines for animals, pollutants or other materials generated in the processes of manufacturing, processing or cooking; |
| 2. | Physical elements, including the types of foods, etc. or foreign substances; |
| 3. | Microbial elements, such as germs causing food poisoning. |
| (3) | Harm assessment shall be conducted in accordance with the following procedures: Provided, That where the Minister of Food and Drug Safety has otherwise determined methods, in consideration of the current technology level or the characteristics of harmful elements, harm assessment may be conducted in accordance with such methods: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | Process of checking dangers, which finds toxicity of harmful elements in a human body; |
| 2. | Process of determining dangers, which calculates the allowable amounts of harmful elements to which the human body is exposed; |
| 3. | Process of evaluating exposure, which calculates the amounts of harmful elements to which the human body is exposed; |
| 4. | Process of determining the degree of harm, which determines the effects of the relevant foods on health by putting together the outcomes of processes of checking dangers, determining dangers and evaluating exposure. |
| (4) | The Deliberation Committee shall deliberate and resolve on outcomes by process under each subparagraph of paragraph (3): Provided, That when international organizations, such as the Codex Alimentarius Commission, or research or inspection institutes in Korea and abroad have already conducted harm assessment or scientific tests or analysis data exist on harmful elements, it shall be deemed that deliberation and resolution have already been made. |
| (5) | Deleted. <by Presidential Decree No. 23380, Dec. 19, 2011> |
| (6) | Detailed matters concerning the methods, standards and procedures of harm assessment under paragraphs (1) through (4) shall be determined and publicly announced by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 23380, Dec. 19, 2011; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 5 (Scope of Interested Persons concerning Harm Assessment) |
| Article 5-2 (Announcement of Outcomes of Harm Assessment) |
| (1) | The Minister of Food and Drug Safety may announce the outcomes of harm assessment through the Internet homepage, newspapers, broadcasts, etc. pursuant to Article 15-2 (1) of the Act. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23380, Dec. 19, 2011]
| Article 6 (Requests for Sanitary Inspection, etc. by Consumers, etc.) |
| (1) | In the main sentence of Article 16 (1) of the Act, with the exception of its subparagraphs, “the heads of affiliated organizations prescribed by Presidential Decree” means the heads of regional food and drug administrations, and “specific number or more of consumers prescribed by Presidential Decree” means five or more consumers who have suffered the same damage by the same place of business. <Amended by Presidential Decree No. 25132, Jan. 28, 2014> |
| (2) | Any person who intends to request entry, inspection or collection, etc. (hereinafter referred to as "sanitary inspection, etc." in this Article) under Article 22 of the Act in accordance with Article 16 (1) of the Act shall submit a request prescribed by Prime Ministerial Decree to the Minister of Food and Drug Safety (including the head of the competent regional food and drug administration; hereinafter the same shall apply in this Article), the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), or the head of the competent Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) through the representative of the relevant consumers, the head of the relevant consumer organization under Article 29 of the Framework Act on Consumers, or the head of a testing and inspection institution under Article 6 of the Act on Testing and Inspection in the Food and Drug Industry. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 25529, Jul. 28, 2014; Presidential Decree No. 27398, Jul. 26, 2016> |
| (3) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Guhe/ informs consumers or consumer organizations of the outcomes of sanitary inspection, etc. under Article 16 (2) of the Act, he/she shall follow methods requested by the representatives of consumers, the heads of consumer organizations or the heads of testing and inspection institutions; where methods are not determined otherwise, he/she shall inform consumers, etc. of such outcomes in documents. <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 25529, Jul. 28, 2014> |
| Article 7 (Urgent Action against Harmful Foods, etc.) |
| (1) | "Cases prescribed by Presidential Decree" in Article 17 (1) 2 of the Act means cases falling under any of the following subparagraphs: |
| 1. | Where a casualty is caused by the consumption of harmful foods, etc. in Korea and abroad; |
| 2. | Where raw materials or ingredients that are likely to cause serious harm to human health, are detected in foods, etc. by research or inspection institutes in Korea and abroad; |
| 3. | Where animals that suffered from a disease under Article 93 (1) of the Act are used, or foods manufactured, processed or cooked using raw materials or ingredients under paragraph (2) of the same Article are found. |
| (3) | Any business operator who intends to request the revocation of all or some of the relevant prohibitive measures under Article 17 (6) of the Act shall submit a request for revocation prescribed by Ordinance of the Prime Minister to the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| (4) | The Minister of Food and Drug Safety shall, upon receipt of a request for revocation under paragraph (3), inform the relevant requester of the outcomes of review without delay. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 8 (Transmission of Urgent Information concerning Harmful Foods) |
| (3) | "Key telecommunications business operators prescribed by Presidential Decree" in Article 17 (8) of the Act means persons who have received permission as key telecommunications business operators under Article 6 of the Telecommunications Business Act and provide mobile phone services or personal communications services, among services provided with allocated frequencies. <Amended by Presidential Decree No. 22424, Oct. 1, 2010> |
| (4) | Detailed methods and procedures of broadcasting and transmission under Article 17 (8) of the Act shall be voluntarily determined by each broadcasting business operator and each key telecommunications business operator under paragraphs (2) and (3). |
| Article 9 (Safety Examination of Genetically Modified Foods, etc.) |
"Cases prescribed by Presidential Decree, including cases where a genetically modified food, etc. is imported for the first time" in Article 18 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 27398, Jul. 26, 2016> | 1. | Where genetically modified foods, etc. [referring to foods or food additives manufactured or processed with agricultural products, livestock products, fishery products, etc. cultivated or bred by utilizing biological engineering technologies corresponding to technologies that artificially recombine genes or directly inject nucleic acids forming genes into cells or organelles within cells or cell fusion technology beyond a family on the basis of taxonomy as their raw materials; hereinafter the same shall apply in this Article and Article 10] are imported, developed or produced for the first time; |
| 2. | Where genetically modified foods, etc., in which cases ten years have elapsed since they underwent safety examination under Article 18 of the Act, are distributed and sold; |
| 3. | Where the Minister of Food and Drug Safety announces genetically modified foods, etc., in which cases ten years have not elapsed since they underwent safety examination under Article 18 of the Act, following deliberation by the Deliberative Committee because he/she deems them to be likely to harm human health on the grounds that new harmful elements have been discovered. |
| Article 10 (Composition and Operation of Safety Examination Committee of Genetically Modified Foods, etc.) |
| (1) | The Safety Examination Committee (hereinafter referred to as the "Safety Examination Committee") of genetically modified foods, etc. under Article 18 (2) of the Act shall be comprised of 20 members, including one Chairperson. <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| (2) | The members of the Safety Examination Committee shall be appointed by the Minister of Food and Drug Safety from among persons falling under any of the following, who have extensive knowledge and experience in genetically modified foods, etc.: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Any person recommended by institutes related to genetically modified foods, or colleges or industrial universities under subparagraph 1 or 2 of Article 2 of the Higher Education Act; |
| 3. | Any public official related to food sanitation. |
| (3) | The Chairperson of the Safety Examination Committee shall be elected, from among members. <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| (4) | The terms of office of members under paragraph (2) 1 and 2 shall be two years: Provided, That where any vacancy occurs in the seat of a member, the term of office of a supplementary member shall be the remainder of his/her predecessor's term of office. |
| (5) | The Chairperson shall represent the Safety Examination Committee, and exercise the overall control of affairs of the Safety Examination Committee. <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| (6) | Members that attend the Safety Examination Committee may be paid allowances and travelling expenses within budgetary limits: Provided, That the same shall not apply where members, who are public officials, attend the Committee with regard to the relevant affairs. <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| (7) | Matters necessary concerning the operation of the Safety Examination Committee, other than matters falling under paragraphs (1) through (6) of this Article and Articles 10-2 and 10-3, shall be determined by the Chairperson through the resolution by the Safety Examination Committee. <Amended by Presidential Decree No. 23928, Jul. 4, 2012; Presidential Decree No. 27398, Jul. 26, 2016> |
| Article 10-2 (Exclusion, Challenge and Abstention of Members) |
| (1) | Where a member of the Safety Examination Committee falls under any of the following cases, he/she shall be excluded from the process of deliberation and resolution by the Safety Examination Committee: <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Where the member or his/her spouse or ex-spouse is a party (if the party is a corporation, organization, etc., it includes its executives or employees; hereinafter the same shall apply in this subparagraph and subparagraph 2) to the matter on the agenda or is related to the party as a joint rightful person or obligor; |
| 2. | Where the member is or was in a familial relation with a party to the matter on the agenda; |
| 3. | Where the member or the corporation, organization, etc. to which the member belongs has offered expert testimony, statement, advice, research, services, or appraisal for the matter on the agenda; |
| 4. | Where the member or the corporation, organization, etc. to which the member belongs is or was involved as an agent of a party to the matter on the agenda; |
| 5. | Where the member has served in the corporation, organization, etc. that is a party to the matter on the agenda as an executive or employee thereof during the latest three years. |
| (2) | Where a party to the matter on the agenda finds it difficult to expect a fair deliberation and resolution from a member, he/she may file an application with the Safety Examination Committee for challenging the member, and the Safety Examination Committee shall decide on such application subject to its own resolution. In such cases, the member against whom the application for challenge is filed may not participate in such resolution. <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| (3) | Where a member is subject to any ground for exclusion provided in any of the subparagraphs of paragraph (1), he/she shall voluntarily abstain from deliberating and resolving on the matter on the agenda. |
[This Article Newly Inserted by Presidential Decree No. 23928, Jul. 4, 2012]
| Article 10-3 (Removal of Members) |
The Minister of Food and Drug Safety may remove a member from his/her office if he/she falls under any of the following: <Amended by Presidential Decree No. 24454, Mar. 23, 2013>
| 1. | Where he/she becomes unable to perform his/her duties due to any mental or physical impairment; |
| 2. | Where he/she is deemed unfit to serve as a member on the grounds of neglect of duty, loss of dignity, or such; |
| 3. | Where he/she fails to voluntarily abstain from participation in deliberation and resolution although he/she is subject to any of the subparagraphs of Article 10-2 (1). |
[This Article Newly Inserted by Presidential Decree No. 23928, Jul. 4, 2012]
| Article 10-4 Deleted. <by Presidential Decree No. 26936, Jan. 22, 2016> |
| Article 11 (Scope of Interested Persons concerning Prohibition against Importing, Selling, etc. Specific Foods, etc.) |
| Article 12 (Entry, Inspection, Collection, etc.) |
"Heads of affiliated organizations prescribed by Presidential Decree" in Article 22 (1) of the Act, with the exception of its subparagraphs, means the heads of regional food and drug administrations.
| Article 13 (Procedures for Assistance to Performance of Administrative Duties) |
| (1) | Where the Minister of Food and Drug Safety (including the heads of regional food and drug administrations; hereinafter the same shall apply in this Article) requests the heads of the relevant administrative agencies or the Mayors/Do Governors or the heads of Sis/Guns/Gus having jurisdiction over other areas to assist the performance of administrative duties under Article 22 (2) of the Act, he/she shall formulate plans concerning regions where such assistance is needed, details of duties or the organization and operation of a sanitary inspection team and notify them of such plans. <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25132, Jan. 28, 2014> |
| (2) | Public officials who assist the performance of administrative duties under paragraph (1) shall be under control and supervision of the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (3) | Expenses incurred in assisting in the performance of administrative duties under paragraph (1) shall be borne by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 13-2 (Items Mentioned in Documents Presented When Taking Measures, Such as Having Access, Conducting Inspections and Performing Collection) |
"Matters prescribed by Presidential Decree, such as the inspection period, the scope of inspection, persons in charge of inspection, and related Acts and subordinate statutes" provided in Article 22 (3) of the Act means the following: | 1. | Purpose of inspection; |
| 2. | Inspection period and matters subject to inspection; |
| 3. | Scope and details of inspection; |
| 4. | Names of persons in charge of inspection and offices to which they belong; |
| 5. | List of data submitted; |
| 6. | Acts and subordinate statutes related to inspection; |
| 7. | Other matters necessary for the relevant inspection. |
[This Article Newly Inserted by Presidential Decree No. 27398, Jul. 26, 2016]
| Article 14 (Reinspection of Foods, etc.) |
| (1) | "The heads of affiliated organizations prescribed by Presidential Decree" in Article 23 (1) of the Act means the heads of regional food and drug administrations. |
| (2) | The Minister of Food and Drug Safety (including the heads of regional food and drug administrations; hereinafter the same shall apply in this Article), Mayor/Do Governor or the head of a Si/Gun/Gu shall notify the relevant business operators of inspection methods applied to the relevant inspection, methods of collecting and treating samples and the outcomes of inspection within seven days after the date on which the relevant inspection records or inspection certificates are written under Article 23 (1) of the Act. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (3) | through (5) Deleted. <by Presidential Decree No. 26821, Dec. 30, 2015> |
| Article 15 Deleted. <by Presidential Decree No. 25529, Jul. 28, 2014> |
| Article 16 (Qualifications for and Appointment of Food Sanitation Supervisors) |
| (1) | "Affiliated organizations prescribed by Presidential Decree" in Article 32 (1) of the Act means regional food and drug administrations. |
| (2) | Food sanitation supervisors under Article 32 (1) of the Act shall be appointed by the Minister of Food and Drug Safety (including the heads of regional food and drug administrations), Mayor/Do Governor or head of a Si/Gun/Gu, from among public officials belonging thereto, falling under any of the following subparagraphs: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | Any hygienist, food technician, food engineer, food-industry engineer, fishery-manufacturing technician, fishery-manufacturing engineer, fishery manufacturing-industry engineer or nutritionist; |
| 2. | Any person who has graduated from a faculty or department in the field of medical science, herbal medicine science, pharmacy, herbal pharmacy, veterinary science, animal husbandry, animal husbandry processing science, fishery manufacturing science, agricultural product manufacturing science, agricultural chemistry, chemistry, chemical engineering, food processing science, food chemistry, food manufacturing science, food engineering, food science, food nutrition science, sanitary science, fermentation engineering, microbiology, cooking science or biology at a university or junior college under subparagraph 1 or 4 of Article 2 of the Higher Education Act or any person who has qualifications equivalent to or higher than aforementioned qualifications; |
| 3. | Any person who is licensed as a hygienist or food manufacturing engineer, or graduated from a faculty or department falling under subparagraph 2, who is recognized as suitable by the Minister of Food and Drug Safety; |
| 4. | Any person who has experience of working in the field of food sanitation administration for not less than one year. |
| (3) | Where the Minister of Food and Drug Safety (including the heads of regional food and drug administrations), Mayor/Do Governor or head of a Si/Gun/Gu deems that it is difficult to appoint food sanitation supervisors, from among persons satisfying requirements falling under each subparagraph of paragraph (2), he/she may recognize persons, who have received prescribed education for not less than two weeks, as food sanitation supervisors, while they are engaged in the relevant food sanitation administration, from among persons engaged in food sanitation administration. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 16 (Qualifications for and Appointment of Food Sanitation Supervisors) |
| (1) | "Affiliated organizations prescribed by Presidential Decree" in Article 32 (1) of the Act means regional food and drug administrations. |
| (2) | Food sanitation supervisors prescribed in Article 32 (1) of the Act (hereinafter referred to as "food sanitation supervisors") shall be appointed by the Minister of Food and Drug Safety (including the heads of regional food and drug administrations), Mayor/Do Governor or head of a Si/Gun/Gu, from among the following public officials belonging thereto: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 29368, Dec. 11, 2018> |
| 1. | Any hygienist, food technician, food engineer, food-industry engineer, fishery-manufacturing technician, fishery-manufacturing engineer, fishery manufacturing-industry engineer or nutritionist; |
| 2. | Any person who has graduated from a faculty or department in the field of medical science, herbal medicine science, pharmacy, herbal pharmacy, veterinary science, animal husbandry, animal husbandry processing science, fishery manufacturing science, agricultural product manufacturing science, agricultural chemistry, chemistry, chemical engineering, food processing science, food chemistry, food manufacturing science, food engineering, food science, food nutrition science, sanitary science, fermentation engineering, microbiology, cooking science or biology at a university or junior college prescribed in subparagraph 1 or 4 of Article 2 of the Higher Education Act or any person who has qualifications equivalent to or higher than aforementioned qualifications; |
| 3. | Any person who is licensed as a hygienist or food manufacturing engineer, or graduated from a faculty or department falling under subparagraph 2, who is recognized as suitable by the Minister of Food and Drug Safety; |
| 4. | Any person who has experience of working in the field of food sanitation administration for at least one year. |
| (3) | Where the Minister of Food and Drug Safety (including the heads of regional food and drug administrations), Mayor/Do Governor or head of a Si/Gun/Gu finds it impracticable to appoint food sanitation supervisors, from among persons satisfying requirements falling under each subparagraph of paragraph (2), he/she may recognize persons, who have received prescribed education for at least two weeks, as food sanitation supervisors, while they are engaged in the relevant food sanitation administration, from among persons engaged in food sanitation administration. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
[Enforcement Date: Dec. 12, 2019] Article 16
| Article 17 (Duties of Food Sanitation Supervisors) |
| 1. | Offering guidance on the implementation of standards concerning the sanitary treatment of foods, etc.; |
| 2. | Controlling the treatment of foods, etc., the importation, sale, use, etc. of which is prohibited; |
| 3. | Controlling the violations of labelling standards or prohibitions against exaggerated advertisements; |
| 4. | Entry, inspection or the collection of foods, etc. required for inspection; |
| 5. | Checking and inspecting whether facilities meet the criteria concerning facilities; |
| 6. | Checking and offering guidance on the health examination of business operators and employees or sanitation education; |
| 7. | Checking and offering guidance on the observance of Acts and subordinate statutes by cooks and nutritionists; |
| 8. | Checking whether administrative dispositions are followed; |
| 9. | Seizure or discarding of foods, etc.; |
| 10. | Taking measures for closing down places of business, such as the removal of signboards; |
| 11. | Checking and offering guidance on the observance of Acts and subordinate statutes by business operators. |
| Article 17 (Duties of Food Sanitation Supervisors) |
The duties of food sanitation supervisors shall be as follows: <Amended by Presidential Decree No. 29368, Dec. 11, 2018; Presidential Decree No. 29622, Mar. 14, 2018>
| 1. | Offering guidance on the implementation of standards concerning the sanitary treatment of foods, etc.; |
| 2. | Controlling the treatment of foods, etc., the importation, sale, use, etc. of which is prohibited; |
| 4. | Entry, inspection or the collection of foods, etc. required for inspection; |
| 5. | Checking and inspecting whether facilities meet the criteria concerning facilities; |
| 6. | Checking and offering guidance on the health examination of business operators and employees or sanitation education; |
| 7. | Checking and offering guidance on the observance of Acts and subordinate statutes by cooks and nutritionists; |
| 8. | Checking whether administrative dispositions are followed; |
| 9. | Seizure or discarding of foods, etc.; |
| 10. | Taking measures for closing down places of business, such as the removal of signboards; |
| 11. | Checking and offering guidance on the observance of Acts and subordinate statutes by business operators. |
[Enforcement Date: Dec. 12, 2019] Article 17
| Article 17-2 (Education for Food Sanitation Supervisors) |
| (1) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall provide food sanitation supervisors with educational programs to enhance expertise and capability necessary for performing the duties referred to in Article 17. |
| (2) | The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may entrust the educational programs prescribed in paragraph (1) to domestic or foreign educational institutions. |
| (3) | Food sanitation supervisors shall complete the educational programs prescribed in paragraph (1). In such cases, the methods, hours and details of such educational programs, and other necessary matters shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Presidential Decree No. 29368, Dec. 11, 2018]
[Enforcement Date: Dec. 12, 2019] Article 17-2
| Article 18 (Qualifications of Customer Food Sanitation Supervisors) |
| (1) | "Heads of affiliated organizations prescribed by Presidential Decree" in Article 33 (1) of the Act means the heads of regional food and drug administrations. |
| (2) | Persons who may be appointed as customer food sanitation supervisors (hereinafter referred to as "customer food sanitation supervisors") under Article 33 (1) of the Act shall be persons falling under any of the following subparagraphs: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | Any person who has completed the curriculum determined and publicly announced by the Minister of Food and Drug Safety; |
| 2. | Any person falling under any subparagraph of Article 16 (2). |
| (3) | "Matters prescribed by Presidential Decree" in Article 33 (2) 4 of the Act means providing support for the duties of checking whether administrative dispositions are followed under subparagraph 8 of Article 17, among duties of food sanitation supervisors under Article 17. |
| (4) | The Minister of Food and Drug Safety (including the heads of regional food and drug administrations; hereafter the same shall apply in paragraph (5)), Mayor/Do Governor or head of a Si/Gun/Gu shall provide education on food sanitation-related Acts and subordinate statutes or the identification of harmful foods, etc. to customer food sanitation supervisors semi-annually under Article 33 (4) of the Act and provide education on duties relevant to them before they perform their duties. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (5) | The Minister of Food and Drug Safety, Mayor/Do Governor or head of a Si/Gun/Gu may provide allowances, etc. to customer food sanitation supervisors, as prescribed by the Minister of Food and Drug Safety, in an effort to support their activities within budgetary limits or the Food Promotion Fund (hereinafter referred to as the "Fund") under Article 89 of the Act. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (6) | Procedures for the approval of exclusive entry under Article 33 (6) of the Act and other necessary matters concerning the operation of customer food sanitation supervisors shall be determined and publicly announced by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (7) | "Matters prescribed by Presidential Decree, such as the inspection period, the scope of inspection, persons in charge of inspection and related Acts and subordinate statutes" provided in Article 33 (7) of the Act means the following: <Newly Inserted by Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Purpose of inspection; |
| 2. | Inspection period and matters subject to inspection; |
| 3. | Scope and details of inspection; |
| 4. | Names of customer food sanitation supervisors and agencies appointing them; |
| 5. | Organizations to which customer food sanitation supervisors belong (only applicable to cases where they belong to organizations); |
| 6. | Other matters necessary for the relevant inspection. |
| (8) | The forms of a written approval and a certificate, which customer food sanitation supervisors carry in entering places of business on their own under Article 33 (7) of the Act, shall be prescribed by Prime Ministerial Decree. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 27398, Jul. 26, 2016> |
| Article 19 Deleted. <by Presidential Decree No. 26821, Dec. 30, 2015> |
| Article 20 (Participation in Sanitary Inspection by Customers) |
| (1) | "Business operators prescribed by Presidential Decree" in Article 35 (1) of the Act means business operators falling under any of the following subparagraphs: |
| 1. | Any person who manufactures or processes foods under subparagraph 1 of Article 21; |
| 2. | Any person who manufactures food additives under subparagraph 3 of Article 21; |
| 3. | Any person who sells foods under subparagraph 5 (b) (ⅵ) of Article 21; |
| 4. | Any business operator, the business place of which is designated as an exemplary business place under Article 47 (1) of the Act, from among the food service business operators under subparagraph 8 of Article 21. |
| (2) | “The head of an agency to which a public official belongs prescribed by Presidential Decree” in Article 35 (3) of the Act means the head of each regional Food and Drug Administration. <Amended by Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 27398, Jul. 26, 2016> |
| (3) | Where any business operator under paragraph (1) applies for the inspection of sanitation management under Article 35 (1) of the Act, the inspection of sanitation shall be conducted within one month. In such cases, the sanitary inspection of the same business places shall be limited to one time per year. |
| (4) | Methods of and procedures for sanitary inspection under paragraph (3) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 21 (Types of Business) |
The detailed types and scope of business under Article 36 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22794, Mar. 30, 2011; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25052, Dec. 30, 2013; Presidential Decree No. 26936, Jan. 22, 2016; Presidential Decree No. 28472, Dec. 12, 2017> | 1. | Food manufacturing or processing business: Business of manufacturing or processing foods; |
| 2. | Instantly-available food manufacturing or processing business: Business of directly selling foods prescribed by Ordinance of the Prime Minister to end consumers in the places of business manufacturing or processing foods; |
| 3. | Food additives manufacturing business: |
| (a) | Business of manufacturing or processing chemical synthetics, such as sweeteners, coloring agents or bleaches; |
| (b) | Business of manufacturing or processing substances obtained by means of extracting useful ingredients from natural substances, etc.; |
| (c) | Business of manufacturing or processing the mixed materials of food additives; |
| (d) | Business of manufacturing or processing substances which may be indirectly transferred to foods when used for disinfecting or sterilizing apparatus, containers or packages; |
| 4. | Food transportation business: Business of transporting foods vulnerable to decomposition or degeneration, such as portable lactobacillus drinks (including pasteurized lactobacillus drinks), fish, shellfish, and the processed products thereof, in a professional manner: Provided, That the same shall not apply to cases where foods are transported for the purpose of selling them in the business places of the relevant business operators, or foods manufactured or processed are transported by the relevant business operators; |
| 5. | Food subdivision or sales business: |
| (a) | Food subdivision business: Business of dividing the complete products of foods or food additives, prescribed by Ordinance of the Prime Minister, and then repackaging and selling such products for distribution; |
| (i) | Edible ice sales business: Business specialized in selling edible ice; |
| (ii) | Food vending machine business: Business of selling foods by putting them in vending machines: Provided , That cases where only complete products, the distribution period of which is not less than one month, are put into vending machines and sold, shall be excluded herefrom; |
| (iii) | Distribution-specialized sales business: Business that entrusts manufacturing and processing of food or food additives to those engaged in food manufacturing or processing business under subparagraph 1 or food additives manufacturing business under subparagraph 3, and sells such food or food additives under its own trademark; |
| (iv) | Food sales business for facilities providing meals: Business of selling foods to facilities providing meals; |
| (v) | Deleted; <by Presidential Decree No. 26936, Jan. 22, 2016> |
| (vi) | Other food sales business: Business of selling foods in department stores, supermarkets or chain stores, the size of which is not les than the size prescribed by Ordinance of the Prime Minister, other than business falling under subitems (i) through (iv); |
| 6. | Food preservation business: |
| (a) | Food irradiation and treatment business: Business of physically enhancing the preservation of foods through irradiation; |
| (b) | Food freezing and refrigeration business: Business of preserving foods by freezing or cooling them: Provided, That the freezing and refrigeration of marine products shall be excluded herefrom; |
| 7. | Business of manufacturing containers and packaging: |
| (a) | Business of manufacturing containers and wrapping papers: Business of manufacturing containers (excluding potteries) or wrapping papers that come into direct contact with foods or food additives, which are used for putting in or wrapping up foods or food additives; |
| (b) | Business of manufacturing potteries: Business of manufacturing jars, pots, earthen bowels, etc. used for manufacturing, cooking or storing foods; |
| 8. | Food service business: |
| (a) | Rest restaurant business: Business of cooking and selling mainly tea, ice cream, etc., or cooking and selling foods in fast food stores or snack bars, where drinking is not allowed: Provided, That the same shall not apply where water is poured into instant cup noodle, instant tea or other foods in the places which sell foods such as convenience stores, supermarkets and rest areas (including places which sell foods incidentally, such as comic book stores and the places of business which conduct the business of providing Internet computer game facilities under subparagraph 7 of Article 2 of the Game Industry Promotion Act); |
| (b) | General restaurant business: Business of cooking and selling foods, where drinking accompanied with meals is allowed; |
| (c) | Karaoke bar business: Business of cooking and selling mainly alcoholic beverages, where customers are allowed to sing; |
| (d) | Entertainment bar business: Business of cooking and selling mainly alcoholic beverages, where workers engaged in entertainment may be employed or entertainment facilities may be established, and customers may sing or dance; |
| (e) | Catering service business: Business of cooking and providing foods in facilities providing meals, in accordance with a contract concluded with persons who establish and operate facilities providing meals; |
| (f) | Bakery business: Business of manufacturing and selling mainly bread, rice cake, snacks, etc., where drinking is not allowed. |
| Article 22 (Scope of Workers Engaged in Entertainment) |
| (1) | "Workers engaged in entertainment" in subparagraph 8 (d) of Article 21 means women who provide amusement to customers by drinking alcoholic beverages with customers, singing or dancing. |
| (2) | "Entertainment facilities" in subparagraph 8 (d) of Article 21 means dance halls prepared in order for workers engaged in entertainment or customers to dance. |
| Article 23 (Business Requiring Permission and Offices Granting Permission) |
Business subject to permission under the former part of Article 37 (1) of the Act and offices granting the relevant permission shall be as follows: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 27398, Jul. 26, 2016> | 1. | Food irradiation and treatment business under subparagraph 6 (a) of Article 21: The Minister of Food and Drug Safety; |
| 2. | Karaoke bar business under subparagraph 8 (c) of Article 21 and entertainment bar business under subparagraph 8 (d) of Article 21: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu. |
| Article 24 (Revised Matters Subject to Permission) |
Revised matters subject to permission under the latter part of Article 37 (1) of the Act shall be the locations of business places.
| Article 25 (Types of Business Subject to Reporting) |
| (1) | Any Business that shall be reported to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu prescribed in the former part of Article 37 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Deleted; <by Presidential Decree No. 23380, Dec. 19, 2011> |
| 2. | Instantly-available food manufacturing or processing business under subparagraph 2 of Article 21; |
| 3. | Deleted; <by Presidential Decree No. 23380, Dec. 19, 2011> |
| 4. | Food transportation business prescribed in subparagraph 4 of Article 21; |
| 5. | Food subdivision or sales business prescribed in subparagraph 5 of Article 21; |
| 6. | Food freezing and refrigeration business prescribed in subparagraph 6 (b) of Article 21; |
| 7. | Business of manufacturing containers and packaging prescribed in subparagraph 7 of Article 21 (excluding where business operators manufacture containers and packaging in order to package their own products); |
| 8. | Rest restaurant business prescribed in subparagraph 8 (a) of Article 21, general restaurant business under item (b) of the same subparagraph, catering service business under item (e) of the same subparagraph or bakery business under item (f) of the same subparagraph. |
| (2) | Notwithstanding paragraph (1), no one is required to report business in any of the following cases: <Amended by Presidential Decree No. 21774, Oct. 8, 2009; Presidential Decree No. 21847, Nov. 26, 2009; Presidential Decree No. 22497, Nov. 19, 2010; Presidential Decree No. 23962, Jul. 19, 2012; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 24800, Oct. 16, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 26754, Dec. 22, 2015; Presidential Decree No. 26936, Jan. 22, 2016> |
| 2. | Where a person reports the business of processing fishery products (limited to the business of processing fish oil (cod-liver oil), the freezing and refrigeration business, and the business of processing fishery products on board) and conducts the relevant business under Article 19-5 of the Food Industry Promotion Act; |
| 3. | Deleted; <by Presidential Decree No. 24202, Nov. 27, 2012> |
| 6. | Where a person processes agricultural products, forest products or fishery products to ensure that people can check the condition of foods by sensory tests, not affecting the integrity of the sanitation of foods, from among the processing processes of cutting, peeling, drying, salting, ripening or heating (excluding heating for the purposes of disinfecting them or inducing a significant change in ingredients; hereinafter the same shall apply) them without using food additives or other ingredients: Provided, That any of the following cases shall be excluded herefrom: |
| (a) | Where a person processes foods for sale in facilities providing meals; |
| (b) | Where a person processes fresh convenience foods (referring to fruits, vegetables, greens, sprouts, etc. which are edible without the process of separately washing, after undergoing the processes of cutting, peeling, drying, salting, ripening or heating them without using food additives or other ingredients), the criteria and standards for which are determined and publicly announced by the Minister of Food and Drug Safety under Article 7 (1) of the Act, for sale thereof; |
| Article 26 (Revised Matters Subject to Reporting) |
Revised matters subject to reporting under the latter part of Article 37 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 22794 Mar. 30, 2011; Presidential Decree No. 27398, Jul. 26, 2016> | 1. | Names of business operators (in cases of corporations, referring to the names of representatives thereof); |
| 2. | Titles or trade names of business offices; |
| 3. | Locations of business offices; |
| 4. | Sizes of business offices; |
| 5. | Deleted; <by Presidential Decree No. 23380, Dec. 19, 2011> |
| 6. | Where a manufacturer or processor of instantly-available foods under subparagraph 2 of Article 21 intends to manufacture or process new foods, among instantly-available foods under the same subparagraph (applicable only when the previous foods or new foods are subject to the self-quality inspection under Article 31 of the Act): |
| 7. | Deleted; <by Presidential Decree No. 23380, Dec. 19, 2011> |
| 8. | Where a transporter of foods under subparagraph 4 of Article 21 intends to increase or decrease freezing or refrigeration vehicles; |
| Article 26-2 (Business to Be Registered) |
| (1) | Any business that shall be registered with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu prescribed in the main sentence of Article 37 (5) of the Act shall be as follows: Provided, That where a person intends to engages in the food manufacturing or processing business prescribed in subparagraph 1 to manufacture alcoholic beverages after obtaining the license for manufacture of alcoholic beverages pursuant to subparagraph 1 of Article 3 of the Liquor Tax Act, he/she shall register it with the Minister of Food and Drug Safety: <Amended by Presidential Decree No. 24202, Nov. 27, 2012; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 27398, Jul. 26, 2016; Presidential Decree No. 29368, Dec. 11, 2018> |
| 1. | Food manufacturing or processing business prescribed in subparagraph 1 of Article 21; |
| 2. | Food additives manufacturing business prescribed in subparagraph 3 of Article 21. |
| (2) | Notwithstanding paragraph (1), no one is required to register business in any of the following cases: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25052, Dec. 30, 2013; Presidential Decree No. 25133, Jan. 28, 2014> |
| 2. | Where a person conducts the business of processing fishery products (limited to the business of processing fish oil (cod-liver oil), the freezing and refrigeration business, and the business of processing fishery products on board) after reporting the business prescribed in Article 19-5 of the Food Industry Promotion Act; |
| 3. | Deleted; <by Presidential Decree No. 24202, Nov. 27, 2012> |
| 6. | Where a person processes agricultural products, forest products or fishery products to ensure that people can check the condition of foods by sensory tests, not affecting the integrity of the sanitation of foods, among processing processes of cutting, peeling, drying, salting, ripening or heating them without using food additives or other ingredients: Provided, That any of the following cases shall be excluded herefrom: |
| (a) | Where a person processes foods for purposes of selling them to meal service facilities; |
| (b) | Where a person processes fresh convenience foods (referring to fruits, vegetables, greens, sprouts, etc. which are edible without any separate process of washing, etc., after undergoing the processes of cutting, peeling, drying, salting, ripening or heating without using food additives or other ingredients) the standards and specifications of which are determined and publicly announced by the Minister of Food and Drug Safety prescribed in Article 7 (1) of the Act, for sale thereof. |
[This Article Newly Inserted by Presidential Decree No. 23380, Dec. 19, 2011]
| Article 26-3 (Revisions to Be Registered) |
Matters the revision of which shall be registered pursuant to the main sentence of Article 37 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 24454, Mar. 23, 2013> | 1. | Location of a business office; |
| 2. | Where a manufacturer or a processor of foods under subparagraph 1 of Article 21 intends to install additional facilities and manufacture or process foods belonging to any new kind of foods (referring to the kind of foods subject to the standards and specifications of foods that are determined and publicly announced by the Minister of Food and Drug Safety pursuant to Article 7 (1) of the Act); |
| 3. | Where a manufacturer of food additives under subparagraph 3 of Article 21 intends to install additional facilities and manufacture new food additives (referring to food additives subject to the standards and specifications of foods which are determined and publicly announced by the Minister of Food and Drug Safety pursuant to Article 7 (1) of the Act). |
[This Article Newly Inserted by Presidential Decree No. 23380, Dec. 19, 2011]
| Article 27 (Subject-Persons of Food Sanitation Education) |
"Business operators prescribed by Presidential Decree" in Article 41 (1) of the Act means business operators falling under any of the following subparagraphs: | 1. | Any business operator who manufactures or processes foods under subparagraph 1 of Article 21; |
| 2. | Any business operator who manufactures or processes instantly-available foods under subparagraph 2 of Article 21; |
| 3. | Any business operator who manufactures food additives under subparagraph 3 of Article 21; |
| 4. | Any business operator who transports foods under subparagraph 4 of Article 21; |
| 5. | Any business operator who subdivides or sells foods under subparagraph 5 of Article 21 (excluding any business operator who sells edible ice or any business operator engaged in food vending machine business); |
| 6. | Any business operator who preserves foods under subparagraph 6 of Article 21; |
| 7. | Any business operator who manufactures containers or packaging under subparagraph 7 of Article 21; |
| 8. | Any business operator who provides food services under subparagraph 8 of Article 21. |
| Article 28 (Restrictions on Business Activities) |
When business activities are restricted by Municipal Ordinance of competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do") under Article 43 (2) of the Act, business hours shall not exceed eight hours per day. <Amended by Presidential Decree No. 27398, Jul. 26, 2016>
| Article 29 (Scope of Business Operators Subject to Matters to Be Observed) |
| (1) | "Business operators prescribed by Presidential Decree" in Article 44 (1) of the Act, with the exception of its subparagraphs, means the following business operators: <Amended by Presidential Decree No. 28892, May 15, 2018> |
| 1. | Any business operator who manufactures or processes foods prescribed in subparagraph 1 of Article 21; |
| 2. | Any business operator who manufactures or processes instantly-available foods prescribed in subparagraph 2 of Article 21; |
| 3. | Any business operator who manufactures food additives prescribed in subparagraph 3 of Article 21; |
| 4. | Any business operator who transports foods prescribed in subparagraph 4 of Article 21; |
| 5. | Any business operator who subdivides or sells foods prescribed in subparagraph 5 of Article 21; |
| 6. | Any business operator who irradiates and treats foods prescribed in subparagraph 6 (a) of Article 21; |
| 7. | Any business operator who provides food services prescribed in subparagraph 8 of Article 21. |
| Article 30 Deleted. <by Presidential Decree No. 26936, Jan. 22, 2016> |
| Article 31 (Reduction of and Exemption from Administrative Disposition against Business Operators Who Recalled Harmful Foods, etc.) |
Where an administrative disposition against business operators who have conscientiously implemented measures necessary for recalling harmful foods, etc. under Article 45 (1) of the Act is reduced or exempted under Article 45 (2) of the Act, standards for such reduction or exemption shall be as follows: <Amended by Presidential Decree No. 23380, Dec. 19, 2011> | 1. | Where business operators recall not less than 4/5 of planned amounts of food recalls (hereinafter referred to as "planned amounts of recalled foods" in this Article), in accordance with a recall plan under the latter part of Article 45 (1) of the Act: The administrative disposition against the relevant violations is exempted; |
| 2. | Where business operators recall some of planned amounts of food recalls: The administrative disposition is reduced in accordance with standards falling under any of the following items: |
| (a) | Where business operators recall not less than 1/3 of planned amounts of food recalls (excluding cases under subparagraph 1): |
| (i) | Where a standard for administrative disposition (hereinafter referred to as "standard for administrative disposition" in this Article) under Article 75 (4) or 76 (2) of the Act is the cancellation of business license, the cancellation of business registration or the closure of business offices, measures of business suspension of not less than two months, but not more than six months shall be taken; |
| (ii) | Where a standard for administrative disposition is business suspension or the suspension of manufacturing items or kinds of items, the administrative disposition shall be reduced within the scope of not more than 2/3 of the suspension period; |
| (b) | Where business operators recall not less than 1/4, but under 1/3 of planned amounts of food recalls: |
| (i) | Where a standard for administrative disposition is the cancellation of business license, the cancellation of business registration or the closure of business offices, measures of business suspension of not less than three months, but not more than six months shall be taken; |
| (ii) | Where a standard for administrative disposition is business suspension or the suspension of manufacturing items or kinds of items, the administrative disposition shall be reduced within the scope of not more than 1/2 of the suspension period. |
| Article 32 (Sanitation Grade) |
"Heads of affiliated organizations prescribed by Presidential Decree" in Article 47 (2) of the Act means the heads of regional food and drug administrations.
| Article 32-2 (Entrustment of Affairs concerning Designation of Sanitation Rating) |
The Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall entrust the following affairs out of the ones concerning the designation of sanitation rating to the Korea Institute for Food Safety Management and Accreditation under Article 70-2 of the Act pursuant to Article 47-2 (10) of the Act: | 1. | Technical support to restaurant operators who obtained or intend to obtain the designation of sanitation rating; |
| 2. | Evaluation of the sanitary conditions of restaurants for the designation of sanitation rating; |
| 3. | Nurturing, education and training of experts related to the designation of sanitation rating; |
| 4. | Collection and provision of information and public relations concerning the designation of sanitation rating; |
| 5. | Examination and research activities concerning the designation of sanitation rating; |
| 6. | Other activities the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu deems necessary for revitalizing the designation of sanitation rating. |
[This Article Newly Inserted by Presidential Decree No. 26821, Dec. 30, 2015]
| Article 33 (Hazard Analysis and Critical Control Points) |
| (1) | "Cases prescribed by Presidential Decree, such as where a person intends to manufacture or process the same food as food whose manufacturing or processing he/she intends to entrust by entrusting the manufacturing or processing thereof to a business certified as a business adopting HACCP" in the proviso to Article 48 (10) of the Act means the following cases: <Amended by Presidential Decree No. 25792, Nov. 28, 2014> |
| 1. | Where he/she intends to manufacture or process the same food as food whose manufacturing or processing he/she intends to entrust by outsourcing the manufacturing or processing thereof to a business certified as a business adopting HACCP (hereinafter referred to as "business adopting HACCP") pursuant to Article 48 (3) of the Act; |
| 2. | Where he/she intends to manufacture or process food by outsourcing the manufacturing or processing thereof to a business certified as a business adopting HACCP relating to the same manufacturing process or critical control points (referring to the stage or process at or in which he/she may secure safety by preventing or removing hazards in food) as food whose manufacturing or processing he/she intends to entrust. |
| (2) | "The heads of affiliated organizations prescribed by Presidential Decree" in Article 48 (11) of the Act means the heads of regional food and drug administrations. |
| Article 34 (Entrustment, etc. of Duties concerning Businesses Adopting HACCP) |
| (1) | The Minister of Food and Drug Safety shall entrust some of duties concerning businesses adopting HACCP to any of the following institutions under Article 48 (12) of the Act: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25792, Nov. 28, 2014> |
| 3. | Research institutes established by the Government or research institutes, the operating expenses of which are subsidized by the Government in whole or in part, which have human resources specialized in HACCP (referring to HACCP prescribed in Article 48 (1) of the Act; hereinafter the same shall apply); |
| 4. | Other non-profit corporations or research institutes established for the purpose of performing duties concerning HACCP. |
| (2) | An institution entrusted with duties pursuant to paragraph (1) shall perform the following duties: <Amended by Presidential Decree No. 25792, Nov. 28, 2014; Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Certification of businesses adopting HACCP, certification of the modification thereof, the issuance of a certificate, and technical assistance and extension of the period of validity of certification to business operators who obtain or intend to obtain certification under Articles 48 (3), (4) and (6) and 48-2 (2) of the Act; |
| 2. | Deleted; <by Presidential Decree No. 25792, Nov. 28, 2014> |
| 3. | Fosterage, education or training of human resources specialized in HACCP; |
| 4. | Analysis of hazards in each process or item of businesses adopting HACCP; |
| 5. | Collection or provision of information on HACCP or public relations; |
| 6. | Investigation or research projects concerning HACCP; |
| 7. | Other projects necessary for the activation of HACCP. |
| Article 35 Deleted. <by Presidential Decree No. 26821, Dec. 30, 2015> |
| Article 36 (Food Service Business Operators Required to Employ Cooks) |
Food service business operators required to employ cooks under the main sentence of Article 51 (1) of the Act shall be those who are engaged in the business of cooking and selling swellfish among food service business under subparagraph 8 of Article 21 of this Decree. [This Article Wholly Amended by Presidential Decree No. 25052, Dec. 30, 2013]
| Article 36 (Food Service Business Operators Required to Employ Cooks) |
"Food service business operators prescribed by Presidential Decree" in the main sentence of Article 51 (1) of the Act, with the exception of its subparagraphs, means those who conduct the business of preparing and selling swellfish requiring the removal of its poison among food service business under subparagraph 8 of Article 21 of this Decree. In such cases, the relevant food service business operator shall employ a cook who has obtained his/her qualification to prepare swellfish under the National Technical Qualifications Act. [This Article Wholly Amended by Presidential Decree No. 28472, Dec. 12, 2017]
<<Enforcement Date : Dec. 13, 2019>> Article 36
| Article 37 Deleted. <by Presidential Decree No. 25052, Dec. 30, 2013> |
| Article 38 (Entrustment of Education) |
| (1) | Where the Minister of Food and Drug Safety intends to entrust the education of cooks and nutritionists under Article 56 (3) of the Act, he/she shall entrust such education to specialized institutions or organizations established for the purpose of educating cooks and nutritionists. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | Specialized institutions or organizations that are entrusted to provide education under paragraph (1) shall provide education to cooks and nutritionists, and report the outcomes of such education, including persons who have completed such education and education hours, to the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 39 (Chairperson, etc. of Food Sanitation Deliberation Committee) |
Pursuant to Article 58 (6) of the Act, the Chairperson of the Deliberation Committee shall be elected by mutual vote from among members thereof, and the Vice-Chairpersons of the Deliberation Committee shall be members designated by the Chairperson of the Deliberation Committee. [This Article Wholly Amended by Presidential Decree No. 23380, Dec. 19, 2011]
| Article 39-2 (Exclusion, Challenge or Abstention of Members) |
| (1) | Where a member of the Deliberation Committee falls under any of the following, he/she shall be excluded from examinations and deliberations by the Deliberation Committee: |
| 1. | Where the member or his/her current or former spouse becomes a party to the relevant agenda (where the party is a corporation, organization, etc., including its executive officers or employees; hereafter the same shall apply in this subparagraph and subparagraph 2) or has a right or an obligation jointly with a party to the agenda; |
| 2. | Where the member is or was a relative of a party to the relevant agenda; |
| 3. | Where the member or a corporation, organization, etc. to which he/she belongs has borne witness, made a statement, provided advice and suggestions, conducted research, rendered services or made an appraisal relating to the relevant agenda; |
| 4. | Where the member or a corporation, organization, etc. to which he/she belongs is or was the agent of a person to the relevant agenda; |
| 5. | Where the member has served as an executive officer or employee within the last three years in a corporation, organization, etc. that is a person to the relevant agenda. |
| (2) | Where a party to the relevant agenda has a reason to believe that he/she can hardly expect impartiality from the member in examination or deliberation, the party may file an application for challenge of the member with the Deliberation Committee, and the Deliberation Committee shall determine by resolution whether to accept the challenge. In such cases, the member against whom the application is filed shall not participate in such resolution. |
| (3) | Where a member falls under grounds for exclusion under any subparagraph of paragraph (1), he/she shall voluntarily abstain from examining or deliberating on the relevant agenda. |
[This Article Newly Inserted by Presidential Decree No. 28472, Dec. 12, 2017]
| Article 39-3 (Dismissal of Members of Deliberation Committee) |
Where a member of the Deliberation Committee prescribed in Article 58 (2) 2 through 5 falls under any of the following, the Minister of Food and Drug Safety may dismiss the relevant member: <Amended by Presidential Decree No. 28472, Dec. 12, 2017> | 1. | Where he/she becomes unable to perform his/her duties due to mental disorder; |
| 2. | Where he/she commits any wrongdoing related to his/he duties; |
| 3. | Where he/she is deemed to be unsuitable for a member due to neglect of duty, injury to dignity or other reasons; |
| 4. | Where he/she expresses his/her intention for himself/herself that it is difficult for him/her to perform his/her duties; |
| 5. | Where he/she fails to file an application for abstention, though he/she falls under any subparagraph of Article 39-2 (1). |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 40 (Duties of Members) |
| (1) | Deleted. <by Presidential Decree No. 23380, Dec. 19, 2011> |
| (2) | The Chairperson shall represent the Deliberation Committee and exercise overall control over its affairs. |
| (3) | The Vice Chairpersons shall assist the Chairperson, and where the Chairperson is unable to perform a duty due to an extenuating circumstance, the Vice Chairpersons shall act on behalf of the chairperson. |
| Article 41 (Meetings and Proceedings) |
| (1) | The Chairperson shall convoke meetings of the Deliberation Committee and preside over such meetings. |
| (2) | The Chairperson shall convoke meetings without delay, when the Minister of Food and Drug Safety or not less than 1/3 of members request to do so. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| (3) | Meetings shall be held with the attendance of a majority of all incumbent members and the resolution of meetings shall require the consent of a majority of those present. |
| Article 42 (Listening to Opinions) |
The chairperson may have the relevant persons attend a meeting and listen to their opinions, when it is necessary for matters to be deliberated upon by the Deliberation Committee.
| Article 43 (Subcommittee) |
| (1) | Subcommittees may be established under the control of the Deliberation Committee by specialized area. |
| (2) | The chairpersons of subcommittees shall report matters deliberated and resolved by subcommittees to the chairperson of the Deliberation Committee without delay. |
| (3) | Article 41 shall apply mutatis mutandis to the meetings and proceedings of subcommittees. In such cases, "Deliberation Committee" shall be deemed "subcommittee". |
| Article 44 (Researchers, etc.) |
| (1) | The Deliberation Committee may have not more than 20 researchers pursuant to Article 58 (4) of the Act. <Amended by Presidential Decree No. 23380, Dec. 19, 2011> |
| (2) | The duties of researchers under Article 58 (5) 4 of the Act shall be as follows: <Amended by Presidential Decree No. 23380, Dec. 19, 2011; Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | Drafting and offering proposals to enact or revise the standards and specifications to be referred to the Codex Alimentarius Commission for discussion; |
| 2. | Building and operating domestic and overseas expert networks concerning international standards and specifications of foods, etc.; |
| 3. | Publishing and distributing translations of the documents issued by the Codex Alimentarius Commission; |
| 4. | Other matters concerning international standards and specifications of foods, etc., which are entrusted by the Minister of Food and Drug Safety to the Deliberation Committee for investigation and research. |
| (3) | Researchers may attend a meeting of the Deliberation Committee and present their opinions. |
| (4) | Researchers shall be appointed by the Minister of Food and Drug Safety, from among persons with abundant knowledge and experience in foods, etc. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 45 (Executive Secretary) |
The Deliberation Committee shall have an executive secretary to handle the affairs of the Deliberation Committee, and such executive secretary shall be appointed by the Minister of Food and Drug Safety, from among public officials belonging thereto. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013>
| Article 46 (Allowances and Travelling Expenses) |
| (1) | Members that attend the Deliberation Committee may be paid allowances and travelling expenses within budgetary limits, as prescribed by the Minister of Food and Drug Safety: Provided, That the same shall not apply where members, who are public officials, attend a committee meeting with regard to their relevant duties. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | The Minister of Food and Drug Safety may pay research expenses, travelling expenses, etc. to researchers within budgetary limits. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 47 (Detailed Operational Regulations) |
Necessary matters concerning the operation of the Deliberation Committee and the official duties of researchers shall be determined by the chairperson after undergoing a resolution by the Deliberation Committee, except as otherwise prescribed in this Decree.
| Article 48 (Establishment Unit of Trade Association) |
| (2) | The establishment unit of the trade association (hereinafter referred to as "trade association") established under Article 59 (1) of the Act shall be a nation: Provided, That the same shall not apply where the Minister of Food and Drug Safety deems that it is impossible to establish a nationwide trade association due to the unique characteristics of a region or business. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 49 (Application for Authorization of Establishment) |
Any person who intends to obtain authorization to establish a trade association under Article 59 (3) of the Act shall submit a written application for authorization of establishment, accompanied by the following documents, to the Minister of Food and Drug Safety: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> | 1. | Meeting minutes of the inaugural meeting; |
| 2. | Articles of association; |
| 3. | Business plans and budget bill on revenues and expenditures; |
| 6. | Written consent of inauguration by executives; |
| 7. | Resumes of executives; |
| 8. | Copies of identification certificates, such as copies of the resident registration certificates of executives. |
| Article 49-2 (Authorization for Establishment of Mutual Aid Organizations) |
| (1) | Where a trade association seeks to obtain authorization for establishment of a mutual aid organization pursuant to Article 60-2 of the Act, it shall file an application for authorization to establish the mutual aid organization with the Minister of Food and Drug Safety, along with the articles of association of mutual aid specifying matters necessary for operating the mutual aid organization, including qualification requirements for members of the mutual aid organization (hereinafter referred to as “mutual aid members”), standards for investment of money, methods of providing mutual aid, the reserve fund for liability for covering mutual aid projects, and the reserve fund for emergency risk. <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 28892, May 15, 2018> |
| (2) | Any mutual aid organization shall appropriate and accumulate the liability reserve fund, the reserve fund for emergency risk, and other reserves at the end of each business year. <Amended by Presidential Decree No. 28892, May 15, 2018> |
| (3) | Deleted. <by Presidential Decree No. 28892, May 15, 2018> |
| (4) | “Profit-making business prescribed by Presidential Decree” in subparagraph 6 of Article 60-3 of the Act means the following: |
| 1. | Providing loans for mutual aid members; |
| 2. | Providing management consulting services for mutual aid members; |
| 3. | Other projects to promote the livelihood stabilization and welfare of mutual aid members. |
| (5) | "Matters prescribed by Presidential Decree, such as the inspection period, the scope of inspection, persons in charge of inspection, and related Acts and subordinate statutes" provided for in Article 60-4 (2) of the Act means the following: <Newly Inserted by Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Purposes of inspection; |
| 2. | Inspection period and matters subject to inspection; |
| 3. | Scope and details of inspection; |
| 4. | Names of persons in charge of inspection and offices to which they belong; |
| 5. | List of data submitted; |
| 6. | Other matters necessary for the relevant inspection. |
[This Article Newly Inserted by Presidential Decree No. 23619, Feb. 3, 2012]
| Article 50 (Appointment and Duties of Voluntary Advisors) |
| (1) | Any trade association may appoint persons satisfying standards for qualifications determined by the articles of association as voluntary advisors under Article 63 (1) of the Act. |
| (2) | Voluntary advisors under paragraph (1) shall be appointed by the head of the relevant trade association under the articles of association. |
| (3) | Voluntary advisors under paragraph (1) shall perform duties falling under the following subparagraphs for members of the trade association: |
| 2. | Sanitation education and health examination of business operators and their employees or other guidance on sanitation management; |
| 4. | Other matters concerning guidance on food sanitation, determined by the articles of association. |
| Article 50-2 (Items Mentioned in Documents Presented When Having Access to National Food Safety Information Service and Conducting Inspections) |
"Matters prescribed by Presidential Decree, such as the inspection period, the scope of inspection, persons in charge of inspection, and related Acts and subordinate statutes" provided in Article 70 (2) of the Act means the following: | 1. | Purpose of inspection; |
| 2. | Inspection period and matters subject to inspection; |
| 3. | Scope and details of inspection; |
| 4. | Names of persons in charge of inspection and offices to which they belong; |
| 5. | List of data submitted; |
| 6. | Other necessary matters in relation to the relevant inspection. |
[This Article Newly Inserted by Presidential Decree No. 27398, Jul. 26, 2016]
| Article 50-3 Deleted. <by Presidential Decree No. 28472, Dec. 12, 2017> |
| Article 50-4 (Types of Nutrients That May Be Harmful to Health) |
[This Article Newly Inserted by Presidential Decree No. 27609, Nov. 22, 2016]
| Article 50-5 (Criteria, Procedures, etc. for Designation of Institutions in Charge and Revocation of Designation Thereof) |
| (1) | A person who intends to obtain the designation of an institution in charge (hereinafter referred to as "institution in charge") under Article 70-8 (1) of the Act shall submit an application for designation (including an application in electronic form) prescribed by Prime Ministerial Decree to the Minister of Food and Drug Safety along with the following documents (including electronic documents): |
| 1. | Articles of incorporation or regulations governing business operations corresponding thereto; |
| 2. | Documents proving that the person meets requirements under paragraph (2) 2; |
| (2) | Criteria for designation of an institution in charge shall be as follows: |
| 1. | It shall be a nonprofit institution, organization or corporation that conducts activities under the subparagraphs of Article 70-8 (1) of the Act as its main business; |
| 2. | It shall meet requirements announced by the Minister of Food and Drug Safety, such as human resources and organization exclusively in charge that may perform activities under the subparagraphs of Article 70-8 (1) of the Act. |
| (3) | Where the Minister of Food and Drug Safety designates an institution in charge pursuant to Article 70-8 (1) of the Act, he/she shall issue a written designation of the institution in charge prescribed by Prime Ministerial Decree. |
| (4) | Where any of the name, the representative or the location of a person who has obtained the designation of an institution in charge pursuant to Article 70-8 (1) of the Act is altered, the person shall submit an application for designation of the alteration thereof (including an application in electronic form) prescried by Prime Ministerial Decree to the Minister of Food and Drug Safety along with the following documents (including electronic documents): |
| 1. | A written designation of the institution in charge; |
| 2. | Documents proving altered matters. |
| (5) | Where the Minister of Food and Drug Safety receives an application for designation under paragraph (1) or an application for designation of alteration under paragraph (4), he/she shall confirm a certificate of corporate register entries (limited to cases where an applicant is a corporation) through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. |
| (6) | Where the Minister of Food and Drug Safety deems an application for designation of alteration under paragraph (4) reasonable, he/she shall mention altered matters in a written designation of the institution in charge and issue such written designation. |
| (7) | Where the designation of an institution in charge is revoked pursuant to Article 70-8 (5) of the Act, the head of the institution in charge shall return a written designation of the institution in charge to the Minister of Food and Drug Safety. |
| (8) | In addition to matters provided in the provisions of paragraphs (1) through (3), detailed necessary matters concerning procedures, etc. for designation of an institution in charge shall be prescribed by the Minister of Food and Drug Safety. |
[This Article Newly Inserted by Presidential Decree No. 27609, Nov. 22, 2016]
| Article 50-6 (Items Mentioned in Documents Presented When Seizing or Discarding Foods, etc.) |
"Matters prescribed by Presidential Decree, such as the inspection period, the scope of inspection, persons in charge of inspection, and related Acts and subordinate statutes" provided in Article 72 (4) of the Act means the following: | 1. | Purpose of inspection; |
| 2. | Inspection period and matters subject to inspection; |
| 3. | Scope and details of inspection; |
| 4. | Names of persons in charge of inspection and offices to which they belong; |
| 5. | Products subject to seizure or discard; |
| 6. | Acts and subordinate statutes related to inspection; |
| 7. | Other necessary matters in relation to the relevant inspection. |
[This Article Newly Inserted by Presidential Decree No. 27398, Jul. 26, 2016]
| Article 51 (Methods of Announcing Harmful Foods, etc.) |
| (1) | Any business operator who has been issued an order to announce harmful foods, etc. under Article 73 (1) of the Act shall publish harmful foods detected or urgent notices on recall of harmful foods, etc. including the following matters, in one or more general daily newspapers (referring to all the copies printed and distributed for a day; hereinafter the same shall apply) which are distributed nationwide and registered under Article 9 (1) of the Act on the Promotion of Newspapers, Etc., without delay, and apply for the publication of such facts on the Internet homepage of the Ministry of Food and Drug Safety: <Amended by Presidential Decree No. 22003, Jan. 27, 2010; Presidential Decree No. 22794 Mar. 30, 2011; Presidential Decree No. 24454, Mar. 23, 2013> |
| 1. | Titles on food recalls; |
| 3. | The date of manufacturing or importing foods, etc. subject to recall and a deadline for distribution or a deadline for the maintenance of quality; |
| 6. | Names of business operators who recall foods, etc.; |
| 7. | Phone numbers and addresses of business operators who recall foods, etc. and other matters necessary for food recalls. |
| (2) | Detailed matters concerning announcement under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 52 (Cancellation of Licenses, etc.) |
| (1) | Each of the following measures shall be taken in documents, including grounds for taking measures or details of measures: <Amended by Presidential Decree No. 23380, Dec. 19, 2011> |
| 1. | The cancellation of business licenses, cancellation of business registration, business suspension, or closure of business offices prescribed in Article 75 of the Act; |
| 3. | The cancellation of the licenses of cooks or nutritionists, or business suspension prescribed in Article 80 of the Act. |
| (3) | Where a food service business operator has violated Article 44 (2) of the Act but has not been prosecuted or has been under suspension of sentence, as a youth (referring to the youth defined in subparagraph 1 of Article 2 of the Youth Protection Act; hereinafter the same shall apply) counterfeited, altered or illegally used an identification card and thus the food service business operator did not recognized him/her to be a youth or where it is acknowledged that the food service business operator failed to check the identity of the youth due to violence or intimidation, the Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall exempt the food service business operator from the relevant administrative dispositions prescribed in the proviso to the main sentence of Article 75 (1) of the Act, with the exception of its subparagraphs. <Newly Inserted by Presidential Decree No. 29785, May 21, 2019> |
| Article 52-2 (Items Mentioned in Documents Presented When Taking Measures to Close Place of Business) |
"Matters prescribed by Presidential Decree, such as the inspection period, the scope of inspection, persons in charge of inspection, and related Acts and subordinate statutes" provided in Article 79 (5) of the Act means the following: | 1. | Purpose of inspection; |
| 2. | Inspection period and matters subject to inspection; |
| 3. | Scope and details of inspection; |
| 4. | Names of persons in charge of inspection and offices to which they belong; |
| 5. | Acts and subordinate statutes related to inspection; |
| 6. | Other necessary matters in relation to the relevant inspection. |
[This Article Newly Inserted by Presidential Decree No. 27398, Jul. 26, 2016]
| Article 53 (Standards for Calculating Penalty Surcharges Imposed in Lieu of Business Suspension, etc.) |
The amounts of penalty surcharges imposed under the main sentence of Article 82 (1) of the Act shall be calculated by adopting standards in attached Table 1, in accordance with standards for business suspension or the suspension of manufacture of items or kinds of items prescribed by Ordinance of the Prime Minister, in consideration of the types and degrees of violations. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013>
| Article 54 (Procedures for Imposition and Collection of Penalty Surcharges) |
| (1) | The Minister of Food and Drug Safety, Mayor/Do Governor or head of a Si/Gun/Gu shall, where he/she intends to impose a penalty surcharge under Article 82 of the Act, inform the violator to pay the penalty surcharge, in writing by specifying the types of violations and amounts of the relevant penalty surcharges. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | Procedures for collecting penalty surcharges under Article 82 of the Act shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 54-2 (Extension of Deadline for Payment of Penalty Surcharges and Payment in Installments) |
| (1) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu deems that it is difficult for a person on whom a penalty surcharge is imposed (hereinafter referred to as "person liable to pay a penalty surcharge) pursuant to Article 82 (1) of the Act to pay the full amount of the penalty surcharge at a time for any of the following reasons, in whose case the amount of the penalty surcharge he/she should pay is at least one million won, he/she may extend the deadline for the payment thereof or allow the person to pay it in installments. In such cases, he/she may, if deemed necessary, require the person to provide collateral: |
| 1. | Where the person has suffered a substantial loss of assets due to a disaster, etc.; |
| 2. | Where his/her business faces a serious crisis because business conditions have worsen; |
| 3. | Where the person is expected to face substantial financial difficulties if he/she pays the penalty surcharge at a time; |
| 4. | Where there are other reasons corresponding to the provisions of subparagraphs 1 through 3. |
| (2) | A person liable to pay a penalty surcharge who intends to extend the deadline for the payment of the penalty surcharge or to pay it in installments pursuant to paragraph (1) shall file an application therefor with the Minister of Food and Drug Safety, the Mayor/Do Governor or the head of a Si/Gun/Gu, along with documents proving reasons to extend the deadline for the payment of the penalty surcharge or to pay it in installments until ten days before the deadline. |
| (3) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu allows a person liable to pay a penalty surcharge to extend the deadline for the payment of the penalty surcharge or to pay it in installments pursuant to paragraph (1), the extension of the deadline shall not exceed one year from the day after the deadline, and a period between installment payments shall not exceed four months, and installment payments shall not exceed three installments. |
| (4) | Where a person liable to pay a penalty surcharge, in whose case the deadline for the payment of the penalty surcharge has been extended or installment payments have been determined, falls under any of the following, the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may cancel the extension of the deadline for the payment thereof or the determination of installment payments, and collect the penalty surcharge at a time: |
| 1. | Where he/she fails to pay the penalty surcharge determined to be paid in installments by the deadline for the payment thereof; |
| 2. | Where he/she fails to comply with an order under the latter part of paragraph (1), with the exception of its subparagraphs, issued by the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu relating to providing collateral; |
| 3. | Where the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu deems it impossible to collect the full amount of the penalty surcharge or the remainder thereof, due to the compulsory execution, the commencement of an auction, a declaration of bankruptcy, the dissolution of a corporation, or cases where the person liable to pay the penalty surcharge is subject to measures to collect delinquent national tax or local tax. |
[This Article Newly Inserted by Presidential Decree No. 28472, Dec. 12, 2017]
| Article 55 (Persons Subject to Revocation of Imposition of Penalty Surcharges) |
Persons that are under the suspension of service, business or manufacturing or from whom penalty surcharges should be collected by referring to the practices of dispositions of national taxes in arrears or pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue after the revocation of the imposition of penalty surcharges pursuant to the main sentence of Article 82 (4) of the Act, with the exception of its subparagraphs, shall be persons who fail to pay penalty surcharges by the deadline, who fail to pay penalty surcharges within 15 days from the date on which they receive reminder notices once. <Amended by Presidential Decree No. 23380, Dec. 19, 2011; Presidential Decree No. 25357, May 21, 2014>
| Article 56 (Devolution Ratio of Funds) |
The devolution ratio of funds on a City/Do or Si/Gun/Gu under the latter part of Article 82 (5) of the Act shall be as follows:
| Article 57 (Standards and Procedures for Imposition of Penalty Surcharges Due to Sale, etc. of Harmful Foods, etc.) |
| (1) | The amounts of penalty surcharges imposed under Article 83 (1) of the Act shall be the sales volume of harmful foods, etc. multiplied by the sale price. |
| (2) | Sales volume under paragraph (1) shall be the amounts of shipments from the time harmful foods, etc. are first sold to the time such foods, etc. are detected, other than recall amounts and the amounts of natural loss, and sales price shall be calculated by sales period, when prices change during a sales period. |
| Article 58 (Announcement of Violations) |
The Minister of Food and Drug Safety, Mayor/Do Governor or head of a Si/Gun/Gu shall publish the following matters concerning business operators, for whom administrative disposition is finalized, on the Internet homepage of the relevant organizations without delay, or in general daily papers which are distributed nationwide and registered under Article 9 (1) of the Act on the Promotion of Newspapers, Etc., under Article 84 of the Act: <Amended by Presidential Decree No. 22003, Jan. 27, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 26936, Jan. 22, 2016> | 3. | Titles or locations of business offices and the names of representatives; |
| 4. | Names of foods, etc. (limited to the business of manufacturing, processing, subdividing or selling foods, etc.); |
| 5. | Violations (including details of violations and related Acts and subordinate statutes); |
| 6. | Details, date and period of administrative disposition; |
| 7. | Organization and date of regulation or the date of detection. |
| Article 59 (Investigations into Causes of Food Poisoning) |
| (1) | Doctors or herb doctors who have diagnosed patients that suffer from food poisoning or persons suspected of suffering from food poisoning shall collect the blood or excreta of such patients or such suspected persons and store them to ensure that they do not degenerate or are not polluted, pursuant to the latter part of Article 86 (1) of the Act, with the exception of its subparagraphs, until the Special Self-Governing City Mayor or the head of the competent Si (including an administrative city under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply in this Article)/Gun/Gu takes over such blood or excreta to conduct the investigations of them pursuant to Article 86 (2) of the Act, in any of the following cases. In such cases, the date of collection, the names of patients suffering from food poisoning or persons suspected of suffering from food poisoning and the names of collectors shall be indicated in containers for storing them: <Amended by Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 29785, May 21, 2019> |
| 1. | Where doctors or herb doctors deem that blood or excreta needs to be stored, based on the symptoms of food poisoning, such as vomiting and diarrhea; |
| 2. | Where patients suffering from food poisoning, persons suspected of suffering from food poisoning or the custodians thereof make a request that blood or excreta shall be stored. |
| (2) | Investigations to be conducted by the Special Self-Governing City Mayor and the head of a Si/Gun/Gu prescribed in Article 86 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 29785, May 21, 2019> |
| 1. | A survey that is conducted to check the correlation between foods, etc. causing food poisoning and patients, an investigation into the dangers of foods eaten by patients and an epidemiologic investigation; |
| 2. | A survey by microbiological or physico-chemical tests of the blood or excreta of patients suffering from food poisoning or persons suspected of suffering from food poisoning, or foods, etc. deemed to cause food poisoning; |
| 3. | An environmental survey conducted to find out the course of contamination of foods, etc. causing food poisoning. |
| (3) | Where the Special Self-Governing City Mayor or the head of a Si/Gun/Gu conducts an investigation prescribed in paragraph (2) 2, he/she may request a testing and inspection institution prescribed by Ordinance of the Prime Minister to provide cooperation pursuant to proviso to Article 6 (4) of the Act on Testing and Inspection in the Food and Drug Industry. <Newly Inserted by Presidential Decree No. 22906, Apr. 22, 2011; Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 25529, Jul. 28, 2014; Presidential Decree No. 29785, May 21, 2019> |
| Article 60 (Composition and Operation of Council on Food Poisoning Countermeasures |
| (1) | The members of the Council on Food Poisoning Countermeasures (hereinafter referred to as the "Council") under Article 87 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 28472, Dec. 12, 2017> |
| 1. | Public officials in general service belonging to the Senior Executive Service of the relevant central administrative agencies or public officials equivalent thereto (in cases of the Ministry of Justice and the Ministry of National Defense, including prosecutors and officers at the level of general equivalent thereto, respectively), who are appointed by the heads of central administrative agencies, such as the Ministry of Education, the Ministry of Justice, the Ministry of National Defense, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare and the Ministry of Environment; |
| 2. | Public officials in general service belonging to the Senior Executive Service of the relevant local administrative agencies or local public officials equivalent thereto, who are appointed by the heads of local governments; |
| 3. | The heads of other institutions or organizations designated by the Minister of Food and Drug Safety. |
| (2) | The Minister of Food and Drug Safety shall convoke meetings of the Council and become the chairperson thereof. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (3) | Meetings of the Council shall be held with the attendance of a majority of all incumbent members and the resolution at meetings shall require the consent of a majority of those present. |
| (4) | The Council may have relevant public officials or relevant experts attend meetings of the Council to listen to their opinions, order the relevant institutions or organizations to present data or opinions or request for other necessary cooperation, when necessary for performing its duties. |
| (5) | The Council may request relevant experts, institutions, organizations, etc. to conduct a specialized investigation or research, when necessary for performing its duties. |
| (6) | Necessary matters concerning the operation of the Council shall be determined by the Minister of Food and Drug Safety, after resolution by the Council, except as otherwise prescribed in this Decree. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 61 (Fund Projects) |
| (1) | Projects that may use the Fund under Article 89 (3) 8 of the Act shall be as follows: <Amended by Presidential Decree No. 22906, Apr. 22, 2011; Presidential Decree No. 25529, Jul. 28, 2014; Presidential Decree No. 25792, Nov. 28, 2014> |
| 1. | Projects for investigation and research of the food safety and the promotion of the food industry; |
| 2. | Projects for prevention of food accidents and the follow-up management; |
| 3. | Projects for prevention of food poisoning, investigation of causes thereof, sanitation management and public relations related to food poisoning; |
| 4. | Projects for the recycling of foods; |
| 5. | Computerization projects for food sanitation and promotion of the food industry; |
| 6. | Projects for promotion of the food industry; |
| 7. | Research projects which a Mayor/Do Governor has entrusted to civil organizations to improve food sanitation and the nutrition of residents; |
| 8. | Support for activities not to reuse leftovers; |
| 9. | Payment of allowances, etc. under Article 18 (5); |
| 12. | Support to business operators who comply with HACCP under Article 48 (11) of the Act and business operators who intend to establish related facilities in order to comply with HACCP; |
| (2) | The Minister of Food and Drug Safety may check the implementation of projects by a Mayor/Do Governor or the head of a Si/Gun/Gu, in accordance with the fund operation plans under Article 62 (2) or order a Mayor/Do Governor or the head of a Si/Gun/Gu to report the actual status of implementing the relevant projects. In such cases, the head of a Si/Gun/Gu shall report it through the relevant Mayor/Do Governor. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 62 (Operation of Fund) |
| (1) | The fiscal year of the Fund shall coincide with that of the Government. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall formulate fund operation plans each year. In such cases, such plans may include expenses incurred in operating and managing the Fund. |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu may entrust the Fund to financial institutions and allow them to manage the Fund, to handle lending affairs of the Fund. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall appoint collectors of fund revenues, treasurers, disbursement officers and fund accounting public officials, from among public officials belonging thereto, in order to have them handle affairs concerning the revenues and expenditures of the Fund. |
| (5) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall designate a bank, where fund accounts are to be opened, and shall open fund accounts in the designated bank, classified as a revenue account and an expenditure account. |
| (6) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall, when he/she allows treasurers to conduct activities incurring expenditure, allocate budgets for expenditure in accordance with a fund operation plan. |
| (7) | Matters necessary for the operation of the Fund shall be determined by Municipal Ordinance of competent City/Do or Si/Gun/Gu, except as otherwise provided for in paragraphs (1) through (6). |
| Article 63 (Standards for Payment of Rewards) |
| (1) | Where rewards are paid under Article 90 (1) of the Act, standards for the payment of rewards shall be as follows: <Amended by Presidential Decree No. 22332, Aug. 11, 2010; Presidential Decree No. 25052, Dec. 30, 2013; Presidential Decree No. 26936, Jan. 22, 2016; Presidential Decree No. 27398, Jul. 26, 2016; Presidential Decree No. 29622, Mar. 14, 2019> |
| 2. | Where any person reports a person who violates Articles 4 through 6 (including cases applicable mutatis mutandis under Article 88 of the Act), 8 (including cases applicable mutatis mutandis under Article 88 of the Act) or 37 (1) of the Act: 300,000 won or less; |
| 3. | Where any person reports a person who violates Article 7 (4) (including cases applicable mutatis mutandis under Article 88 of the Act), 9 (4) (including cases applicable mutatis mutandis under Article 88 of the Act), 37 (5), or 44 (1) or (2) of the Act or a person who continues to conduct business, in violation of an order to suspend business prescribed in Article 75 (1) of the Act: 200,000 own or less; |
| 6. | Where any person reports violations that may cause harm to sanitation, among persons who violate the Act, except subparagraphs 1 through 5: 30,000 won or less. |
| (2) | Detailed matters for the payment of rewards or amounts, methods or procedures of payment prescribed in paragraph (1) shall be determined and publicly announced by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 64 (Guarantee of Secrecy of Reporters) |
| (1) | The Minister of Food and Drug Safety, Mayor/Do Governor or head of a Si/Gun/Gu shall endeavor to ensure that the status, including personal information, of persons who have reported the violations of the Act under Article 90 (1) of the Act is not divulged. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| (2) | The Minister of Food and Drug Safety, Mayor/Do Governor or head of a Si/Gun/Gu may, where the identity of any reporter is disclosed, find out the exact causes for such disclosure and take necessary measures, such as requests for disciplinary actions against any person who has divulged the status of a reporter. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
| Article 64-2 (Information Disclosure) |
| (1) | The scope of information concerning the safety of foods, etc. provided pursuant to Article 90-2 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 27398, Jul. 26, 2016> |
| 1. | Details of investigation and deliberation by the Deliberation Committee; |
| 2. | Details of examination by the Safety Examination Committee; |
| 3. | Information on foods, etc. known at home and abroad to contain toxic substances or otherwise deemed likely to cause harm; |
| 4. | Other information on safety of foods, etc. deemed by the Minister of Food and Drug Safety to require disclosure. |
| (2) | The Minister of Food and Drug Safety may disclose information on safety of foods, etc. through the Internet homepage, newspapers, broadcasts, etc. pursuant to Article 90-2 (1) of the Act. <Amended by Presidential Decree No. 24454, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23380, Dec. 19, 2011]
| Article 65 (Entrustment of Authority) |
The Minister of Food and Drug Safety shall entrust any of the following authority to the heads of regional food and drug administrations prescribed in Article 91 of the Act: <Amended by Presidential Decree No. 23380, Dec. 19, 2011; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25052, Dec. 30, 2013; Presidential Decree No. 25132, Jan. 28, 2014; Presidential Decree No. 25792, Nov. 28, 2014; Presidential Decree No. 26936, Jan. 22, 2016; Presidential Decree No. 28472, Dec. 12, 2017; Presidential Decree No. 28892, May 15, 2018> | 1. | through 1-3. Deleted; <by Presidential Decree No. 26936, Jan. 22, 2016> |
| 2. | and 3. Deleted; <by Presidential Decree No. 25529, Jul. 28, 2014> |
| 6. | Duties concerning reports on plans for recall of harmful foods, etc. and the reduction of or exemption from administrative disposition prescribed in Article 45 of the Act; |
| 7. | Deleted; <by Presidential Decree No. 25792, Nov. 28, 2014> |
| 8. | Investigation, evaluation, revocation of certification of or corrective orders to businesses adopting HACCP prescribed in Article 48 (8) of the Act; |
| 8-3. | Examination and evaluation of whether the standards for food traceability prescribed in Article 49 (5) of the Act are complied with; |
| 8-4. | Revocation of the registration of those who have obtained food traceability registration or orders to take corrective measures prescribed in Article 49 (7) of the Act; |
| 10. | Orders to seize or discard foods, etc., or prevent harm to foods, etc. prescribed in Article 72 of the Act; |
| 13. | Revocation of business license and registration or orders to suspend business prescribed in Article 75 of the Act; |
| 15. | Measures to close down a place of business or measures to revoke such closure prescribed in Article 79 of the Act; |
| 19. | Collection of fees prescribed in subparagraphs 5 of Article 92 of Act (limited to fees under the authority entrusted pursuant to subparagraphs 4, 4-2 and 4-3 of this Article); |
| Article 65-2 (Handling of Sensitive Information and Personally Identifiable Information) |
The Minister of Food and Drug Safety (including any person to whom authority or the duty of the Minister of Food and Drug Safety is or are delegated or entrusted pursuant to Article 34 or 65), a Mayor/Do Governor or the head of a Si/Gun/Gu (where his/her authority is delegated or entrusted, including the person to whom it is delegated or entrusted) may handle data that include information on health under Article 23 of the Personal Information Protection Act, the criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the aforementioned Act, and the resident registration numbers or foreign registration numbers under subparagraph 1 or 4 of Article 19 of the aforementioned Enforcement Decree, where it is inevitable to perform the following affairs: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25792, Nov. 28, 2014> | 2. | Affairs concerning measures for submission of materials, and entry, inspections, collection, etc. under Article 22 of the Act; |
| 3. | Deleted; <by Presidential Decree No. 25529, Jul. 28, 2014> |
| 4. | Affairs concerning business licenses, business reports, business registration, etc. under Article 37 of the Act; |
| 9. | Affairs concerning the certification of business adopting HACCP, technological and financial support, examination and evaluation, revocation of certification, corrective orders, etc. under Article 48 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 66 Deleted. <by Presidential Decree No. 29421, Dec. 24, 2018> |
| Article 67 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 26821, Dec. 30, 2015]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009: Provided, That the amended provisions of Article 4 (5) of the Addenda (limited to the amended provisions of Article 8) shall enter into force on January 1, 2010, and the amended provisions concerning reports on the business of importing and selling foods, etc., among food additives manufacturing business under Article 25 (1) 3 and food subdivision or sales business under Article 25 (1) 5, shall enter into force on January 1, 2011. Article 2 (Applicability to Standards and Procedures for Imposition of Penalty Surcharges due to Sale, etc. of Harmful Foods, etc.)
The amended provisions of Article 57 shall begin to apply to any person who is subject to the imposition of a penalty surcharge under Article 83 (1) of the Act due to a violation of Article 4 through 6 or 8 of the Act concerning prohibitions against sale, etc. of harmful foods, etc. after this Decree enters into force. Article 3 (Transitional Measures concerning Fines for Negligence)
The previous provisions shall govern the standards for fines for negligence against acts committed before this Decree enters into force.
Article 4 Omitted.
Article 5 (Relations with other Acts and Subordinate Statutes)
A citation of any provision of the former Enforcement Decree of the Food Sanitation Act by any other Act or subordinate statute at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the former provision, if such corresponding provision exists herein.
ADDENDA <Presidential Decree No. 21774, Oct. 8, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 2010.
Articles 2 through 5 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.
ADDENDA <Presidential Decree No. 22332, Aug. 11, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 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. 22794, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Traditional Measures due to Change in Standards for Penalty Surcharge)
Disposition of penalty surcharges against offenses committed before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of attached Table1.
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.
ADDENDA <Presidential Decree No. 23380, Dec. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 39, 40, 44 (1), and 64-2 shall enter into force on February 5, 2012, and the amended provisions of Articles 25, 26, 26-2, and 26-3 shall enter into force on December 8, 2012. Article 2 (Applicability to Prior Deliberation on Labels and Advertisements)
The amended provisions of Article 3 (1) shall apply to any food for which a label or advertisement is placed or changed on or after the enforcement date of this Decree. Article 3 (Transitional Measures Following Change of Name, etc.)
| (1) | “The Korea Food Industry Association” in the amended provisions of Article 3 (2) shall be deemed “the Korea Food Industry Association” until February 4, 2012. |
| (2) | “Article 58 (5) 4 of the Act” in the amended provisions of Article 44 (2) shall be deemed “Article 58 (2) 4 of the Act” until February 4, 2012. |
Article 4 (Transitional Measures concerning Business Registration)
Any person who has reported his/her food manufacturing or processing business or food additives manufacturing business under the previous provisions as at the time this Decree enters into force shall be deemed to have registered his/her food manufacturing or processing business or food additives manufacturing business under the amended provisions of Article 26-2.
Article 5 (Transitional Measures concerning Administrative Fines)
In applying the standards for imposition of administrative fines to offenses committed before this Decree enters into force, the previous provisions shall prevail.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23619, Feb. 3, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 23962, Jul. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24202, Nov. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013.
Article 2 (Transitional Measures concerning Registration of Alcoholic Beverage Manufacturers)
Any person who has obtained a license for manufacture of alcoholic beverages under Article 6 of the Liquor Tax Act as at the time this Decree enters into force shall be deemed to have registered his/her food manufacturing or processing business under this Decree. In such cases, the person who has obtained the license for manufacture of alcoholic beverages shall be equipped with facilities that meet the facilities criteria for the food manufacturing or processing business under Article 36 of the Act within two years of enforcement of this Decree.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendment to the amended provisions of Article 26-2 of the Enforcement Decree of the Food Sanitation Act, Presidential Decree No. 24202, in Article 4 (17) of these Addenda shall enter into force on July 1, 2013. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24800, Oct. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25052, Dec. 30, 2013>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 and 37 shall enter into force on May 23, 2014.
ADDENDUM <Presidential Decree No. 25132, Jan. 28, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (2) and (3) (limited to provisions concerning food sanitary examination institutions) shall enter into force on January 31, 2014, and the amended provisions of subparagraphs 8-2 through 8-4 of Article 65 shall enter into force on July 1, 2014.
ADDENDA <Presidential Decree No. 25133, Jan. 28, 2014>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on January 31, 2014. |
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25357, May 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25529, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2014.
Articles 2 and 3 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.
ADDENDA <Presidential Decree No. 26180, Mar. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Levels of Penalty Surcharges)
Notwithstanding the amended provision of subparagraph 2 of attached Table 1, the former provision thereof shall apply to the levels of penalty surcharges for offenses committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26821, Dec. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 32-2 shall enter into force on May 19, 2017. Article 2 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
| (1) | Where criteria for the imposition of administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provision of subparagraph 2 (u) i of attached Table 2, the former provision thereof shall apply to such offenses. |
| (2) | Administrative fines imposed due to offenses committed before this Decree enters into force shall not be included in computing the number of times of offenses under the amended provisions of attached Table 2. |
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26936, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27398, Jul. 26, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDUM <Presidential Decree No. 27609, Nov. 22, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDUM <Presidential Decree No. 27997, Apr. 18, 2017>
This Decree shall enter into force on May 19, 2017.
ADDENDA <Presidential Decree No. 28472, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 36 shall enter into force two years after the date of its promulgation. Article 2 (Applicability to Extension of Deadline for Payment of Penalty Surcharges and Payment in Installments)
The amended provisions of Article 54-2 shall also apply where the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu has imposed penalty surcharges pursuant to Article 82 (1) of the Act before this Decree enters into force. Article 3 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
Where an administrative fine applies to a violation of Article 44 (1) of the Act before this Decree enters into force, notwithstanding the amended provision of subparagraph 2 (k) of attached Table 2, the former provision thereof shall apply thereto.
ADDENDUM <Presidential Decree No. 28892, May 15, 2018>
This Decree shall enter into force on June 20, 2018: Provided, That the amended provisions of Article 29 (1) and subparagraph 19 of Article 65 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29368, Dec. 11, 2018>
This Decree shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 26-2 (1), with the exception of its subparagraphs, shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDA <Presidential Decree No. 29622, Mar. 14, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29785, May 21, 2019>
This Decree shall enter into force on June 12, 2019.