Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ACT ON ORIGIN LABELING OF AGRICULTURAL AND FISHERY PRODUCTS

Presidential Decree No. 22332, Aug. 11, 2010

Amended by Presidential Decree No. 22962, jun. 7, 2011

Presidential Decree No. 23214, Oct. 10, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23533, Jan. 25, 2012

Presidential Decree No. 24258, Dec. 27, 2012

Presidential Decree No. 24455, Mar. 23, 2013

Presidential Decree No. 25133, Jan. 28, 2014

Presidential Decree No. 25919, Dec. 30, 2014

Presidential Decree No. 26294, jun. 1, 2015

Presidential Decree No. 26941, Feb. 3, 2016

Presidential Decree No. 27299, jun. 30, 2016

Presidential Decree No. 27585, Nov. 15, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28059, May 29, 2017

Presidential Decree No. 29363, Dec. 11, 2018

Presidential Decree No. 29622, Mar. 14, 2019

Presidential Decree No. 29872, jun. 18, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Origin Labeling of Agricultural and Fishery Products and other matters necessary for the enforcement thereof.
 Article 2 (Scope of Mail-Order Sale)
"Sale prescribed by Presidential Decree" in subparagraph 7 of Article 2 of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter referred to as the "Act") refers to a sale (excluding a sale using posters or flyers) conducted by a mail order distributor who has filed a report with the authority pursuant to Article 12 of the Act on the Consumer Protection in Electronic Commerce, Etc., or a sale at a cyber mall (referring to a virtual shopping mall established for goods transaction via computers, etc., and information communications equipment) run by a mail order broker under Article 20 (2) of the same Act. <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 29872, Jun. 18, 2019>
 Article 3 (Products Subject to Country of Origin Labeling Requirements)
(1) “Agricultural and fishery products or processed products thereof prescribed by Presidential Decree” in Article 5 (1), with the exception of its subparagraphs, of the Act means agricultural and fishery products or processed products thereof falling under any of the following: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 29363, Dec. 11, 2018>
1. Agricultural and fishery products or processed products thereof, which are publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries as such Ministers deem the public notification necessary for establishing order in the distribution of such products and for consumers to make a right choice;
2. Imported agricultural and fishery products or processed products thereof, which are publicly announced by the Minister of Trade, Industry and Energy pursuant to Article 33 of the Foreign Trade Act: Provided, That the imported agricultural and fishery products or processed products thereof, the country of origin labeling of which can be omitted pursuant to Article 56 (2) of the Enforcement Decree of the Foreign Trade Act, shall be excluded.
(2) Raw materials contained in a product processed from agricultural and fishery products, which are subject to country of origin labeling requirements under Article 5 (1) 3 of the Act shall be those listed hereunder: Provided, That water, food additives, spirits and saccharides (including products made from saccharides, which are processed with saccharides as the main raw material) shall be excluded from the order of predominance by weight in the processed product and from the list of raw materials subject to country of origin labeling requirements: <Amended by Presidential Decree No. 23214, Oct. 10, 2011; Presidential Decree No. 24258, Dec. 27, 2012; Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 26294, Jun. 1, 2015; Presidential Decree No. 26941, Feb. 3, 2016; Presidential Decree No. 28059, May 29, 2017; Presidential Decree No. 29363, Dec. 11, 2018; Presidential Decree No. 29622, Mar. 14, 2019>
1. Raw materials subject to country of origin labeling requirements according to the proportion of raw materials in the processed product:
(a) Where the proportion of a raw material is 98 percent or more in a processed product, such raw material;
(b) Where the sum of the proportions of two raw materials among the raw materials contained in a processed product is 98 percent or more, raw materials ranked first and second highest in order of proportion;
(c) In the cases except for items (a) and (b), raw materials ranked first to third highest in order of proportion;
(d) Notwithstanding items (a) through (c), the following raw materials in the cases of kimchi varieties and cured foods (limited to the foods cured with salt):
(i) In the case of a product in which red pepper powder (where a processed product containing red pepper powder is used, the red pepper powder used in the processed product shall be included; hereinafter the same shall apply) is used among kimchi varieties, raw materials ranked first and second highest in order of proportion in such product except for red pepper powder and salt, plus red pepper powder and salt;
(ii) In the case of a product in which red pepper powder is not used among kimchi varieties, raw materials ranked first and second highest in order of proportion in such product except for salt, plus salt;
(iii) In the case of a cured food, raw materials ranked first and second highest in order of proportion in such food except for salt, plus salt: Provided, That where the proportion of a raw material is 98 percent or more except for salt, such raw material and salt;
2. Where a compound ingredient is used, which is made from raw materials that are subject to country of origin labeling requirements under subparagraph 1, and are prescribed by the labeling standards under Article 4 of the Act on Labeling and Advertising of Foods, raw materials meeting the standards determined and publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries.
(3) Where the name of an agricultural product or fishery product, which is used as a raw material (including the raw material of a processed product; hereafter in this paragraph the same shall apply), is used as the product name or a part thereof when paragraph (2) is applicable, the country of origin of the agricultural product or fishery product used as a raw material shall be subject to country of origin labeling requirements even though the agricultural product or fishery product used as a raw material is not subject to country of origin labeling requirements under the same paragraph: Provided, That where the agricultural product or fishery product used as a raw material falls under any of the following, the country of origin labeling of such agricultural product or fishery product used as a raw material may be omitted: <Amended by Presidential Decree No. 29872, Jun. 18, 2019>
1. Where it does not fall under a product subject to country of origin labeling requirements publicly notified pursuant to paragraph (1) 1;
2. Where it is used as a raw material of food additives, spirits or saccharides (including products made from saccharides, which are processed with saccharides as the main raw material) in the proviso of paragraph (2), with the exception of its subparagraphs;
3. Where labeling of raw materials may be omitted pursuant to the labeling standards under Article 4 of the Act on Labeling and Advertising of Foods.
(4) Deleted. <by Presidential Decree No. 26294, Jun. 1, 2015>
(5) “Where a person sells or offers agricultural products or the processed products thereof prescribed by Presidential Decree after cooking” in Article 5 (3) of the Act means the cases in which the following are sold or offered after being cooked. In such cases, cooking involves preparation in the raw or natural state, and selling or offering involves selling or offering by delivery: <Amended by Presidential Decree No. 23214, Oct. 10, 2011; Presidential Decree No. 24258, Dec. 27, 2012; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 26941, Feb. 3, 2016; Presidential Decree No. 29872, Jun. 18, 2019>
1. Beef (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply);
2. Pork (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply);
3. Chicken meat (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply);
4. Duck meat (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply);
5. Lamb (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply);
5-2. Goat (including milk goat; hereinafter the same shall apply) meat (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply);
6. Rice used for cooked rice, porridge, and Nurungji, (including processed rice products; “rice” including glutinous rice, brown rice, and steamed rice; hereinafter the same shall apply);
7. Nappa cabbage (including winter-grown and spring-grown nappa cabbages) used for nappa cabbage Kimchi and red pepper powder used for nappa cabbage kimchi;
7-2. Soybean (including processed soybean products; hereinafter the same shall apply) used for tofu (excluding processed tofu and yuba), Kongbiji (meaning pureed soybean soup), and soybean noodles;
8. Flatfish, rockfish, red sea bream, mudfish, eel, long-arm octopus, walleye pollock (excluding kinds of dried walleye pollock, such as Huangtae and dried pollack), chub mackerel, cutlassfish, squid, blue crab and yellow croaker (including the relevant fishery processed products; hereafter the same shall apply);
9. Live fishery products: Those stored and displayed in an aquarium, etc. in order to sell and provide them after cooking.
(6) As for processed products among the products subject to country of origin labeling requirements under paragraph (5), the country of origin of main raw materials shall be indicated. In such cases, detailed standards for indicating main raw materials shall be determined and publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. <Newly Inserted Presidential Decree No. 29872, Jun. 18, 2019>
(7) Where it is necessary for enhancing the credibility of agricultural products, fishery products and processed products thereof, country of origin may be indicated in the cases of agricultural products, fishery products and processed products thereof that are not subject to origin labeling requirements under paragraphs (1) through (3), (5) and (6). In such cases, standards for labeling and methods thereof under Article 5 (4) of the Act shall be observed. <Newly Inserted by Presidential Decree No. 26294, Jun. 1, 2015; Presidential Decree No. 29872, Jun. 18, 2019>
 Article 4 (Persons Obligated to Indicate Origin)
“A person who establishes and operates a place of business or a collective catering facility prescribed by Presidential Decree” in Article 5 (3) of the Act means a person who establishes and operates a place of business where he or she operates a rest restaurant business under subparagraph 8 (a) of Article 21 of the Decree of the Food Sanitation Act, a general restaurant business under subparagraph 8 (b) thereof or a entrusted catering service business under subparagraph 8 (e) thereof, or a collective catering facility under Article 2 of the Decree of the same Act.
 Article 5 (Standards for Origin Labeling)
(1) Standards for origin labeling under Article 5 (4) of the Act shall be as listed in attached Table 1.
(2) In addition to matters provided for in paragraph (1), other matters necessary for the standards for origin labeling shall be determined and publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24455, Mar. 23, 2013>
 Article 5-2 (Imposition and Collection of Penalty Surcharge)
(1) Standards for imposing a penalty surcharge under Article 6-2 (1) of the Act shall be as listed in attached Table 1-2.
(2) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) shall, where imposing a penalty surcharge pursuant to Article 6-2 (1) of the Act, give the person subject to the penalty surcharge a written notice for the payment of the penalty surcharge specifying the type of the relevant violation, the amount of the penalty surcharge, etc. <Amended by Presidential Decree No. 27585, Nov. 15, 2016; Presidential Decree No. 29363, Dec. 11, 2018>
(3) A person in receipt of a notice pursuant to paragraph (2) shall make payment to the collection agency designated by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor within 30 days from the date of the notice of payment: Provided, That where it is impossible to pay a penalty surcharge within the payment deadline due to any act of God or other unavoidable cause, he or she shall pay it within seven days from the date on which the ground ceases to exist. <Amended by Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 29363, Dec. 11, 2018>
(4) Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor deems that it is difficult for a person imposed with a penalty surcharge under Article 6-2 (1) of the Act to pay the full amount of the penalty surcharge due to any of the following reasons, he or she may extend the payment deadline or allow the relevant person to pay in installments. In such cases, he or she may have the relevant person provide securities, if deemed necessary: <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 29363, Dec. 11, 2018>
1. Where the person has suffered from a significant loss in property due to a disaster, etc.;
2. Where the person is in a serious crisis in his or her business for deterioration of economic conditions or business conditions;
3. Where it is expected for the person to be in difficult financial conditions if he or she pays the penalty surcharge at once.
(5) Any person who intends to extend the payment deadline of penalty surcharges or make installment payment under paragraph (4) shall apply to the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor, with documents explaining the grounds for extension of the payment deadline or installment payment, five days before the date of the payment deadline. <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 29363, Dec. 11, 2018>
(6) The extension of the payment deadline under paragraph (4) may not exceed one year from the day following the payment deadline. <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016>
(7) Where the person makes installment payment pursuant to paragraph (4), the interval of the payment deadline of each installment may not exceed four months, and the number of installments may not exceed three times. <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016>
(8) The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor, where a person obligated to pay the penalty surcharge of which payment deadline is extended or installment payment is allowed under paragraph (4) falls under any of the following, may collect the penalty surcharge at once by cancelling the decision of extension of the payment deadline or installment payment: <Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 29363, Dec. 11, 2018>
1. Where a person does not pay any installment of the penalty surcharge by the deadline;
2. Where it is deemed that all or part of the penalty surcharge may not be collected due to compulsory execution, commencement of auction, dissolution of a corporation, disposition on delinquent national or local taxes, etc.
(9) A collection agency in receipt of a penalty surcharge pursuant to paragraph (3) shall, without delay, notify the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor of such fact. <Amended by Presidential Decree No. 29363, Dec. 11, 2018>
(10) Matters necessary for the imposition and collection of penalty surcharges, other than those provided for in paragraphs (1) through (9) shall be prescribed by Joint Ordinance of the Ministry of Agriculture, Food and Rural Affairs and the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 27299, Jun. 30, 2016>
[This Article Newly Inserted by Presidential Decree No. 26294, Jun. 1, 2015]
 Article 6 (Inspection of Country of Origin Labeling)
(1) Where deemed necessary to determine the country of origin of samples collected pursuant to Article 7 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may designate and publicly notify an inspection institution.
(2) The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may determine and publicly notify the methods of inspecting country of origin and the detailed standards.
(3) Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor evaluates the implementation results, etc. based on their internal plans for the collection and inspection of agricultural products, fishery products or processed products thereof subject to country of origin labeling requirements under Article 7 (6) of the Act (hereinafter referred to as "internal plan"), an evaluation with the focus on the following matters shall be made:
1. Degree of attainment of objectives of internal plans;
2. Efficiency in the process of implementation;
3. Adequacy of utilizing human and financial resources.
[This Article Wholly Amended by Presidential Decree No. 29872, Jun. 18, 2019]
 Article 6-2 (Construction and Operation of Integrated Country of Origin Management System)
(1) In order to efficiently inspect country of origin under Article 7 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may construct and operate an integrated data management system to inspect country of origin labeling (hereinafter referred to as "integrated country of origin management system").
(2) In order to operate an integrated country of origin management system, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, the Mayor/Do Governor or the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply) to provide information. In such cases, the heads of relevant central administrative agencies in receipt of a request shall comply with such request, unless there exists good reason.
[This Article Newly Inserted by Presidential Decree No. 29872, Jun. 18, 2019]
 Article 7 (Disposition against and Publication of Breach of Origin Labeling Rules)
(1) Dispositions imposed under Article 9 (1) of the Act shall be made according to the following classifications:
1. In violation of Article 5 (1) of the Act: An order to perform origin labeling, or the prohibition of transactions;
2. In violation of Article 5 (3) of the Act: An order to perform origin labeling;
3. In violation of Article 6 of the Act: An order to rectify, including orders to perform, change, or delete origin labeling, or the prohibition of transactions.
(2) The standards and methods for publication on the websites under Article 9 (2) of the Act shall be as follows: <Newly Inserted by Presidential Decree No. 23533, Jan. 25, 2012; Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27585, Nov. 15, 2016; Presidential Decree No. 28059, May 29, 2017; Presidential Decree No. 29363, Dec. 11, 2018>
1. Period of publication: 12 months from the date the disposition is definitely determined;
2. Method for Publication:
(a) Where published on the websites of the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Oceans and Fisheries, the Korea Customs Service, the National Agricultural Products Quality Management Service, the National Fishery Products Quality Management Service, the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, the Special Self-Governing Province (hereinafter referred to as “City/ Do”), Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), and the Korea Comsumer Agency: Publication to enable users to see the content thereof on the front page of the website of any above-mentioned entity concerned;
(b) Where published on the websites of major internet information providers: Publication to enable users to see the content thereof when they type in a search word containing "the country of origin" in the search box of the website of any above-mentioned entity concerned.
(3) “Matters prescribed by Presidential Decree” in Article 9 (3) 5 of the Act means the following: <Amended by Presidential Decree No. 23533, Jan. 25, 2012; Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 27585, Nov. 15, 2016>
1. Title describing the details of “Publication of violation of the Act on Origin Labeling of Agricultural and Fishery Products”;
2. Types of business;
3. Address of place of business (including the name and address of a superstore when the relevant person enters the superstore under subparagraph 3 of Article 2 of the Distribution Industry Development Act and makes sales activities therein);
4. The name of the relevant processed agricultural and fishery product;
5. Details of violation;
6. Person having disposition authority and date of disposition;
7. The name of the chanel of the relevant program-providing business operator under Article 9 (5) of the Broadcasting Act or the address of the website of the relevant mail order broker of the Act on the Consumer Protection in Electronic Commerce, Etc. where the person who receives disposition under Article 9 (1) of the Act enters or make sales.
(4) “National quarantine and inspection agency prescribed by Presidential Decree” in Article 9 (4) 4 of the Act means the National Fishery Products Quality Management Service. <Newly Inserted by Presidential Decree No. 27585, Nov. 15, 2016>
(5) "Major internet information providers" in Article 9 (4) 7 of the Act means the internet information providers which offer portal services (referring to services providing search systems for internet addresses, information, etc., and electronic mail and on-line communities), and the average number of whose daily users is not less than 10 million during the three months preceding the end of the year to which the date of publication (of breach of origin labeling rules) belongs. <Newly Inserted by Presidential Decree No. 23533, Jan. 25, 2012; Presidential Decree No. 26294, Jun. 1, 2015; Presidential Decree No. 27585, Nov. 15, 2016>
 Article 7-2 (Education of Country of Origin Labeling System of Agricultural and Fishery Products)
(1) Education about the country of origin labeling system of agricultural and fishery products referred to in Article 9-2 (1) of the Act (hereinafter referred to as “education about the country of origin”) shall include the following:
1. Statutes and regulations, and systems regarding country of origin labeling;
2. Methods of labeling the country of origin and matters relating to punishing violators.
(2) Duration of the education on the country of origin shall be at least two hours.
(3) The education about the country of origin shall be provided to the persons specified in the subparagraphs of Article 9 (2) of the Act who also fall under the following: <Amended by Presidential Decree No. 29872, Jun. 18, 2019>
1. Persons who failed to indicate the country of origin of agricultural or fishery products, processed products thereof, etc., in violation of Article 5 of the Act, and thus have been imposed with any disposition under Article 9 (1) of the Act two times or more within a two-year period;
2. Persons who falsely label the country of origin of agricultural or fishery products, processed products thereof, etc., in violation of Article 6 of the Act, and on whom dispositions were thus imposed under Article 9 (1) of the Act.
(4) Where persons who are to receive education on the country of origin pursuant to paragraph (3) (hereinafter referred to as “persons to receive education on the country of origin”) fall under the grounds specified in Joint Ordinance of the Ministry of Agriculture, Food and Rural Affairs and the Ministry of Oceans and Fisheries, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor may allow employees in charge of management of origin labeling who work for the persons to receive education on the country of origin to receive the education on the country of origin instead of the persons to receive education on the country of origin. <Amended by Presidential Decree No. 29363, Dec. 11, 2018>
(5) The following institutions may provide the education on the country of origin:
1. The Korea Agency of Education, Promotion and Information Service in Food, Agriculture, Forestry and Fisheries established under Article 11-2 of the Framework Act on Agriculture, Rural Community and Food Industry;
2. Any educational institution or organization jointly selected and publicly notified by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries.
(6) Except as provided in paragraphs (1) through (5), matters regarding methods and procedures for education or any other matter necessary for education shall be prescribed by the guidelines for education implementation referred to in Article 9-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 28059, May 29, 2017]
 Article 8 (Rewards)
(1) A reward under Article 12 (1) of the Act may be given up to 10 million won to a reporter or accuser. <Amended by Presidential Decree No. 28059, May 29, 2017; Presidential Decree No. 29363, Dec. 11, 2018>
(2) No reward shall be granted to any person who makes a report or accusation, the content of which is the same as that of any previous report or accusation under Article 12 (1) of the Act. <Amended by Presidential Decree No. 28059, May 29, 2017>
(3) Except as provided in paragraphs (1) and (2), other necessary matters concerning the beneficiary of the rewards and the standards, methods, and procedures for the rewards shall be determined and publicly announced jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 28059, May 29, 2017>
 Article 9 (Delegation of Authority)
(1) In accordance with Article 13 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate following authority regarding agricultural products and processed products thereof to the Director General of the National Agricultural Products Quality Management Service, and the Minister of Oceans and Fisheries shall delegate the following authority regarding fishery products and processed products thereof to the Director General of the National Fishery Products Quality Management Service: <Amended by Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 26294, Jun. 1, 2015; Presidential Decree No. 28059, May 29, 2017; Presidential Decree No. 29363, Dec. 11, 2018; Presidential Decree No. 29872, Jun. 18, 2019>
1. Imposition and collection of penalty surcharges under Article 6-2 of the Act;
1-2. Collection and inspection of agricultural or fishery products, or processed products thereof which are subject to country of origin labeling requirements, formulation and implementation of internal plans, evaluation of implementation results, etc. based on internal plans under Article 7 of the Act, and construction and operation of an integrated country of origin management system under Article 6-2 of this Decree;
2. Dispositions and publications thereof under Article 9 of the Act;
2-2. Education following violation of country of origin labeling under Article 9-2 of the Act;
3. Supervision and management of honorary surveillants and reimbursement of expenses Article 11 of the Act;
4. Granting of rewards Article 12 of the Act;
5. Imposition and collection of administrative fines under Article 18 of the Act;
6. Preparation of methods of inspection of country of origin and of detailed standards under Article 6 (2), and public notification thereof.
(2) The Director General of the National Agricultural Products Quality Management Service and the Director General of the National Fishery Products Quality Management Service may, with approval of the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries respectively, delegate part of his or her authority delegated pursuant to paragraph (1) to the heads of the affiliated organizations. <Amended by Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24455, Mar. 23, 2013>
(3) The Mayor/Do Governor shall delegate the following authority to the head of a Si/Gun/Gu (referring to an autonomous Gu) pursuant to Article 13: <Amended by Presidential Decree No. 26294, Jun. 1, 2015; Presidential Decree No. 28059, May 29, 2017>
1. Imposition and collection of penalty surcharges under Article 6-2 of the Act;
1-2. Collection and inspection of the agricultural and fishery products and processed products thereof which are subject to origin labeling under Article 7 of the Act;
2. Dispositions and publications thereof under Article 9 of the Act;
2-2. Education following violation of country of origin labeling under Article 9-2 of the Act;
3. Supervision and management of honorary surveillants and reimbursement of expenses under Article 11 of the Act;
4. Granting of rewards under Article 12 of the Act;
5. Imposition and collection of administrative fines under Article 18 of the Act.
(4) The Commissioner of the Korea Customs Service shall delegate the following authority regarding imported agricultural products, fishery products and processed products thereof to the head of a customs office, pursuant to Article 13 of the Act: <Newly Inserted by Presidential Decree No. 28059, May 29, 2017; Presidential Decree No. 29363, Dec. 11, 2018>
1. Imposition and collection of penalty surcharges under Article 6-2 of the Act;
2. Collection and investigation of agricultural and fishery products or processed products thereof subject to labeling of the country of origin under Article 7 of the Act;
3. Dispositions and publication under Article 9 of the Act;
4. Education following violation of country of origin labeling under Article 9-2 of the Act;
5. Payment of rewards under Article 12 of the Act;
6. Imposition and collection of administrative fines under Article 18 (1) 1, 2, and 4 and (2) of the Act.
(5) Deleted. <by Presidential Decree No. 29363, Dec. 11, 2018>
[Title Amended by Presidential Decree No. 29363, Dec. 11, 2018]
 Article 9-2 (Management of Personally Identifiable Information)
The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service (including a person who, pursuant to Article 9, is delegated or entrusted with the authority of the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the Commissioner of the Korea Customs Service) or the Mayor/Do Governor (including persons delegated or entrusted with the relevant authority, if any) may, where it is inevitable for conducting the following affairs, manage any data containing resident registration numbers under subparagraph 1 of Article 19 of the Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 26294, Jun. 1, 2015; Presidential Decree No. 28059, May 29, 2017; Presidential Decree No. 29363, Dec. 11, 2018; Presidential Decree No. 29872, Jun. 18, 2019>
1. Affairs concerning the imposition and collection of penalty surcharges under Article 6 (2) of the Act;
1-2. Affairs concerning the investigation of origin labeling, etc., under Article 7 of the Act;
1-3. Affairs concerning dispositions and publication regarding violation of country of origin labeling, etc. under Article 9 of the Act;
1-4. Affairs concerning education following violation of country of origin labeling under Article 9-2 of the Act;
2. Affairs concerning reports by honorary surveillants and the reimbursement of expenses under Article 11 of the Act;
3. Affairs concerning the granting of rewards under Article 12 of the Act;
4. Affairs concerning the construction and operation of an integrated country of origin management system under Article 6-2.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 9-3 (Procedures for Business Cooperation with Administrative Agencies)
Where, pursuant to Article 13-2 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the Commissioner of the Korea Customs Service requests the head of the relevant central administrative agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu to provide cooperation in the use, etc. of information in their electronic data-processing systems, he or she shall specify the following matters in detail: <Amended by Presidential Decree No. 24455, Mar. 23, 2013; Presidential Decree No. 29363, Dec. 11, 2018>
1. Reasons for cooperation;
2. Period of cooperation;
3. Methods of cooperation;
4. Other necessary matters.
[This Article Newly Inserted by Presidential Decree No. 23533, Jan. 25, 2012]
 Article 9-4 (Re-examination of Regulation)
The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall examine the appropriateness of standards for imposition of administrative fines every three years counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
[This Article Newly Inserted by Presidential Decree No. 25919, Dec. 30, 2014]
 Article 10 (Standards for Imposition of Administrative Fines)
The standards for imposition of administrative fines referred to in Article 18 (1) and (2) of the Act shall be as listed in attached Table 2. <Amended by Presidential Decree No. 28059, May 29, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Case concerning Origin Labeling)
Until December 31, 2011, the country of origin marking of liquor beverages under the Liquor Tax Act shall be governed by the subparagraph 1 (a) and (b) of the column 'origin labeling standards for States or regions where a main raw material was produced' of attached Table 7 of Presidential Decree No. 22198, the Partial Amendment to the Decree of the Liquor Tax.
Article 3 (Transitional Measures concerning Citation of Other Statutes and Regulations)
(1) Until November 25, 2010, the Livestock Products Sanitary Control Act referred to in Article 3 (2) 2 shall be deemed the Processing of Livestock Products Act.
(2) Until November 25, 2010, "subparagraph 8 of Article 2 of the Livestock Products Sanitary Control Act" referred to in Article 3 (5) 2 through 4 shall be deemed "subparagraph 7 of Article 2 of the Processing of Livestock Products Act".
Article 4 Omitted.
Article 5 (Relationship with Other Statutes and Regulations)
References to the former Decree of the Agricultural Products Quality Control Act, the former Quality Control of Fishery Products Act or the former Decree of the Food Sanitation Act, or any provision thereof in any other Act or subordinate statute as at the time when this Decree enters into force shall be deemed to refer to this Decree or the corresponding provision thereof, if any, in lieu of the former Decree of the Agricultural Products Quality Control Act, the former Quality Control of Fishery Products Act or the former Decree of the Food Sanitation Act, or the provision thereof.
ADDENDA <Presidential Decree No. 22962, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 15, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23214, Oct. 10, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Administrative Fines)
Where applying standards for imposition of administrative fines to any violations committed before this Decree enters into force, the previous provisions of attached Table 2 shall apply notwithstanding the amended provisions thereof.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23533, Jan. 25, 2012>
This Decree shall enter into force on January 26, 2012.
ADDENDA <Presidential Decree No. 24258, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Example concerning Origin Labeling of Items of Kimchi Using Red Pepper Powder among Kinds of Kimchi)
The amended provisions of Article 3 (2) 1 (c) shall apply beginning from the first kinds of kimchi which are manufactured and processed after this Decree enters into force.
Article 3 (Transitional Measures)
(1) Notwithstanding the amended provisions of Article 3 (5) 7, the origin of red pepper powder may not be indicated where Baechu-kimchi is in storage at a place of a food service business or a collective catering facility as at the time this Ordinance takes effect or where it is impossible to identify the country of origin of the red pepper powder which is raw material, due to the use of the products processed from Baechu-kimchi which is in distribution without indicating the origin of the red pepper powder pursuant to Article 2 of this Addenda.
(2) Packaging materials for kinds of kimchi already manufactured at the time this Decree enters into force and which use the red pepper powder indicating the origin may be used for one year from the date this Decree enters into force. In such cases, the origin of the red pepper powder shall be indicated pursuant to the amended provisions of Article 3 (2) 1 (d).
ADDENDA <Presidential Decree No. 24455, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Article 6 (15) of this Addenda, Article 9 of Presidential Decree No. 24258, the Partial Amendment to the Enforcement Decree of the Act on Origin Labeling of Agricultural and Fishery Products shall enter into force on June 28, 2013.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25133, Jan. 28, 2014>
Article 1 (Enforcement Date)
(1) This Decree shall enter into force on January 31, 2014.
(2) through (5) Omitted.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25919, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26294, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 (Transitional Measure concerning Counting of Number with Respect to Imposition of Penalty Surcharge)
Violations of Article 6 (1) or (2) before this Decree enters into force shall not be included in the number of violations under the amended provisions of subparagraph 1 (a) of attached Table 1-2.
ADDENDA <Presidential Decree No. 26941, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Origin Labeling)
(1) Notwithstanding the amended provisions of Article 3 (2) 1, the raw materials of agricultural and fishery processed products under Article 5 (1) 2 of the Act may be indicated with country of origin pursuant to the previous provisions till December 31, 2016 based on manufacturing date.
(2) Notwithstanding the amended provisions of Article 3 (5), any person who establishes and operates a place of business or group meal services which provides food service business under Article 5 (3) of the Act may indicate country of origin till December 31, 2016 pursuant to the previous provisions.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27585, Nov. 15, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Transitional Measures concerning Publication)
Notwithstanding the amended Article 7 (3) 7, any person whose disposition under Article 9 (1) of the Act is settled before this Decree enters into force, shall be subject to the previous provisions.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28059, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 3, 2017: Provided, That the amended provisions of Article 7-2, Article 9 (1) 2-2, Article 9 (3) 2-2, subparagraph 1-4 of Article 9-2, Article 10, and subparagraph 2 (h) of attached Table 2 shall enter into force on December 3, 2017.
Article 2 (Applicability concerning Persons to Be Educated on Country of Origin)
(1) The number of dispositions imposed pursuant to Article 9 (1) of the Act due to violation of Article 5 of the Act, as referred to in the amended Article 7-2 (3) 1, shall be counted from the first violation of Article 5 of the Act after the amended Article 7-2 enters into force pursuant to the proviso of Article 1 of the Addenda.
(2) The amended provisions of Article 7-2 (3) 2 shall begin to apply from the first violation of Article 6 of the Act after the amended Article 7-2 enters into force pursuant to the proviso of Article 1 of the Addenda.
Article 3 (Applicability concerning Penalty Surcharges Imposed on Inbound Agricultural and Fishery Products including Imported Agricultural and Fishery Products Awaiting Customs Clearance)
The amended provisions of subparagraph 1 (d) and 2 (a) of attached Table 1 shall begin to apply from the first violation after this Decree enters into force.
Article 4 (Applicability concerning Administrative Fines Imposed on Inbound Agricultural and Fishery Products including Imported Agricultural and Fishery Products Awaiting Customs Clearance)
The amended provisions of subparagraph 3 (c) and 4 (c) of attached Table 2 shall begin to apply from the first violation after this Decree enters into force.
Article 5 (Transitional Measures concerning Penalty Surcharges Imposed on Agricultural and Fishery Products and Processed Products Thereof except for Inbound Agricultural and Fishery Products including Imported Agricultural and Fishery Products Awaiting Customs Clearance)
The previous provisions of subparagraph 2 of attached Table 1 shall apply where penalty surcharges are imposed on violations with respect to agricultural and fishery products and processed products thereof except for inbound agricultural and fishery products including imported agricultural and fishery products awaiting customs clearance, committed before this Decree enters into force.
Article 6 (Transitional Measures concerning Imposition of Administrative Fines)
The previous provisions shall apply where administrative fines are imposed on violations under subparagraph 2 (b) (i) and (ii) and subparagraph 4 (d) (i) and (ii) of attached Table 2, committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 29363, Dec. 11, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (2) 1 (d) shall enter into force on January 1, 2020.
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.
ADDENDA <Presidential Decree No. 29872, Jun. 18, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Article 2 (Transitional Measures concerning Country of Origin Labeling)
A person who establishes and operates a food service business or a place of mass feeding under Article 5 (3) may indicate the place of origin pursuant to the previous provisions until June 30, 2020, notwithstanding the amended provisions of Article 3 (5).
Article 3 (Transitional Measures concerning Education on Country of Origin Labeling System)
(1) Where a person has not received education on the system of indicating the country of origin of agricultural or fishery products from among the cases in which he or she has been imposed with any disposition under Article 9 (1) of the Act two times or more for violation of Article 5 of the Act before this Decree enters into force, the previous provisions shall apply to him or her, notwithstanding the amended provisions of Article 7-2 (3) 1.
(2) Where a person has been imposed with any disposition under Article 9 (1) of the Act for violation of Article 5 of the Act before this Decree enters into force, such disposition shall be counted in the number of times under the amended provisions of Article 7-2 (3) 1.
Article 4 (Transitional Measures concerning Imposition of Penalty Surcharges)
Where penalty surcharges for violations committed two or more times during a two year period has not been imposed as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraph 1 (a) and (b) of attached Table 1-2.