ENFORCEMENT DECREE OF THE LIVESTOCK PRODUCTS SANITARY CONTROL ACT
Wholly Amended by Presidential Decree No. 15812, jun. 20, 1998
Amended by Presidential Decree No. 16995, Oct. 31, 2000
Presidential Decree No. 17652, jun. 29, 2002
Presidential Decree No. 18494, Jul. 29, 2004
Presidential Decree No. 19689, Sep. 22, 2006
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20677, Feb. 29, 2008
Presidential Decree No. 20779, May 9, 2008
Presidential Decree No. 21802, Nov. 2, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22497, Nov. 19, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 22962, jun. 7, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24056, Aug. 22, 2012
Presidential Decree No. 24162, Nov. 6, 2012
Presidential Decree No. 24482, Mar. 23, 2013
Presidential Decree No. 24800, Oct. 16, 2013
Presidential Decree No. 25133, Jan. 28, 2014
Presidential Decree No. 25651, Oct. 8, 2014
Presidential Decree No. 25767, Nov. 21, 2014
Presidential Decree No. 25889, Dec. 23, 2014
Presidential Decree No. 26822, Dec. 30, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 26936, Jan. 22, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27400, Jul. 26, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 28835, Apr. 24, 2018
Presidential Decree No. 29622, Mar. 14, 2019
Presidential Decree No. 29810, jun. 4, 2019
Presidential Decree No. 30157, Oct. 22, 2019
The purpose of this Decree is to prescribe matters delegated by the Livestock Products Sanitary Control Act and matters necessary for the enforcement of said Act. <Amended by Presidential Decree No. 25133, Jan. 28, 2014> [This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 2 (Scope of Livestock) |
| (2) | "Products prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the following: |
| 1. | Processed minced meat products (referring to hamburger patties, meatballs, pork cutlets, etc., processed after finely cutting or mincing meat which is the main ingredient thereof); |
| 2. | Processed rib products; |
| 3. | Processed meat extract products (referring to products made by extracting the meat which is the main ingredient thereof with water, or products processed by adding such meat, food or food additives thereto); |
| (3) | "Products prescribed by Presidential Decree" in subparagraph 9 of Article 2 of the Act means the following: <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| 9. | Milk protein hydrolysed food; |
| 10. | Deleted; <by Presidential Decree No. 27400, Jul. 26, 2016> |
| 11. | Ice cream (referring to products made by freezing or hardening raw milk or any dairy product, which is the main ingredient thereof, after adding other foods or food additives thereto); |
| 12. | Ice cream powders (referring to products made by drying or pulverizing raw milk or any dairy product, which is the main ingredient thereof, after adding other foods or food additives thereto, and which become ice cream if frozen after adding water); |
| 13. | Ice cream mix (referring to pasteurized or sterilized products in liquid form that become ice cream, if frozen after adding or mixing any other food or food additive to raw milk or any dairy product which is the main ingredient thereof). |
| (4) | "Products prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means the following: |
| 4. | Thermoformed egg products; |
| (5) | Deleted. <by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Articles 3 and 4 Deleted. <by Presidential Decree No. 19689, Sep. 22, 2006> |
| Article 5 Deleted. <by Presidential Decree No. 30157, Oct. 22, 2019> |
| Article 6 (Duties of Chairperson and Vice-Chairperson) |
| (1) | Deleted. <by Presidential Decree No. 30157, Oct. 22, 2019> |
| (2) | The Chairperson of the Livestock Product Deliberative Committee prescribed in Article 3-2 (1) of the Act (hereinafter referred to as the "Committee") shall represent the Committee and have general supervision and control of its affairs. <Amended by Presidential Decree No. 30157, Oct. 22, 2019> |
| (3) | The vice chairperson shall assist the chairperson, and if the chairperson is unable to perform the duties due to any unavoidable cause, he/she shall act on behalf of the chairperson. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 6-2 (Dismissal of Members) |
Where a member commissioned pursuant to Article 3-2 (5) of the Act falls under any of the following cases, the Minister of Food and Drug Safety may dismiss the relevant member: <Amended by Presidential Decree No. 30157, Oct. 22, 2019> | 1. | Where a member becomes incapable of performing the duties due to mental or physical disability; |
| 2. | Where a member engages in misconduct in connection with his/her duties; |
| 3. | Where a member is deemed unsuitable as a member due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where a member voluntarily admits that it is impracticable for him/her to perform the duties. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 7 (Convocation of Meetings and Decision-Making) |
| (1) | The chairperson shall convoke and preside over Committee meetings. |
| (2) | The chairperson shall convoke a meeting without delay, if requested by the Minister of Food and Drug Safety or by at least 1/3 of the total number of members. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| (3) | The resolution of a Committee meeting shall require the attendance of a majority of all incumbent members and the consent of a majority of those present. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 8 (Hearing Opinions of Related Persons) |
Where deemed necessary, the Committee may request any related person to appear before the Committee and hear his/her opinion.
| Article 9 (Subcommittees) |
| (1) | Deleted. <by Presidential Decree No. 30157, Oct. 22, 2019> |
| (2) | Regarding matters that the Chairperson deems insignificant among matters to be decided by the Committee, decisions of the Committee may be substituted with decisions of subcommittees prescribed in Article 3-2 (7) of the Act (hereinafter referred to as "subcommittee"). <Amended by Presidential Decree No. 30157, Oct. 22, 2019> |
| (3) | The Chairperson shall determine matters necessary for establishing and operating subcommittees following decision by the Committee. |
| (4) | Articles 7 and 8 shall apply mutatis mutandis to the convocation of meetings and decision-making of subcommittees and the hearing of opinions from relevant persons. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 9-2 (Research Members) |
| (1) | The number of research members referred to in Article 3-2 (8) of the Act shall not exceed five persons. <Amended by Presidential Decree No. 30157, Oct. 22, 2019> |
| (2) | Research members shall be appointed by the Minister of Food and Drug Safety from among persons with much knowledge and experience in livestock products. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| (3) | Research members may attend and speak at meetings of the Committee. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 10 (Executive Secretary) |
| (1) | The Committee shall have one executive secretary to handle administrative affairs of the Committee. |
| (2) | A director in charge of sanitary affairs of livestock products from among public officials belonging to the Ministry of Food and Drug Safety shall be the executive secretary. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 11 (Allowances and Travel Expenses) |
| (1) | Members who have attended a Committee meeting may be reimbursed for allowances and travel expenses as determined by the Minister of Food and Drug Safety, within budgetary limits: Provided, That the same shall not apply where a member who is a public official attends a Committee meeting in direct connection with his/her duties. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| (2) | The Minister of Food and Drug Safety may reimburse for research expenses, travel expenses, etc., to research members within budgetary limits. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 12 (Detailed Rules of Operation) |
Except as expressly provided for in this Decree, matters necessary for the operation of the Committee shall be determined by the chairperson upon resolution of the Committee.
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 12-2 (Livestock Prohibited from Slaughter among Non-Ambulatory Livestock) |
| (1) | "Cases prescribed by Presidential Decree, such as injury" in Article 7 (5) of the Act means cases where any livestock becomes non-ambulatory for any of the following causes: |
| (3) | Whether any cattle is non-ambulatory cattle prohibited from slaughter or treatment for food or sale pursuant to Article 7 (5) of the Act (hereinafter referred to as "non-ambulatory cattle prohibited from slaughter") shall be determined as follows: <Amended by Presidential Decree No. 24056, Aug. 22, 2012> |
| 1. | Where it is found at a slaughterhouse: The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall make a determination based on the findings of inspection of the relevant cattle conducted under Article 11 (1) of the Act; |
| 2. | Where it is found at a place other than a slaughterhouse: The Special Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall make a determination based on the findings of a clinical test or on a medical record of the relevant cattle. |
| (4) | Detailed procedures and methods necessary to make determinations pursuant to paragraph (3) shall be determined and publicly notified by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 12-3 (Items of Disease Examination and Methods for Non-Ambulatory Cattle Subject to Prohibition of Slaughter) |
| (2) | The method of examining pathogens of bovine spongiform entephalopathy by collecting brain issues shall be used for the examination of bovine spongiform entephalopathy prescribed in paragraph (1). |
| (3) | The Minister of Food and Drug Safety shall determine matters necessary for the collection, handling and treatment of specimens for examination prescribed in paragraph (2), guidelines for conducting an examination, etc. <Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 28835, Apr. 24, 2018> |
[This Article Newly Inserted by Presidential Decree No. 21802, Nov. 2, 2009]
| Article 12-4 (Criteria and Procedures for Compensation of Losses, and Computation of Compensation Amount, of Non-Ambulatory Cattle Prohibited from Slaughter) |
| (1) | Criteria for the compensation of losses under Article 7 (6) of the Act shall be the full appraised value of any non-ambulatory cattle prohibited from slaughter as food as at the time the relevant cattle is determined to be non-ambulatory. |
| (2) | Prices for compensation under Article 7 (6) of the Act shall be computed by a Mayor/Do Governor or the head of a Si/Gun/Gu based on the cause of non-ambulatory, seriousness of symptom, record of medical treatment, opinion on prognosis, whether the case meets the standards for inspection of livestock referred to in Article 11 (4) of the Act, and other factors related to the price computation. |
| (3) | The owner of cattle who intends to obtain compensation pursuant to Article 7 (6) of the Act shall file an application for compensation with the Mayor/Do Governor or the head of the Si/Gun/Gu who has made a determination on the relevant cattle; and the Mayor/Do Governor or the head of the Si/Gun/Gu, in receipt of the application, shall pay the compensation amount computed pursuant to paragraph (2) to the owner. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the computation of compensation amount, methods of payment, etc., shall be determined and publicly notified by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 21802, Nov. 2, 2009]
| Article 12-5 (Methods of Discarding Non-Ambulatory Cattle Prohibited from Slaughter) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall dispose of non-ambulatory cattle prohibited from slaughter, by any of the following methods pursuant to Article 7 (6) of the Act: Provided, That if any cattle is confirmed as infected with bovine spongiform entephalopathy as the result of an examination of disease performed pursuant to Article 12-3, it shall be disposed of by the method prescribed in subparagraph 1: |
| 1. | Disposing of by such means as incineration, burying, etc.; |
| 2. | Conversion to uses other than for food. |
| (2) | When discarding any cattle pursuant to paragraph (1), Article 19 (2) and (3) shall apply mutatis mutandis to the method of and standards for the discard. |
[This Article Newly Inserted by Presidential Decree No. 21802, Nov. 2, 2009]
| Article 12-6 Deleted. <by Presidential Decree No. 25133, Jan. 28, 2014> |
| Article 12-7 (Packaging, etc., of Livestock Products) |
| (1) | Livestock products subject to packaging under Article 10-2 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25889, Dec. 23, 2014> |
| 1. | Chicken and duck meat; |
| 2. | Hens' eggs among edible eggs. |
| (2) | Business operators obligated to store, transport, display and sell livestock subject to packaging prescribed in paragraph (1) after packaging, shall be as follows: Provided, That in cases of hens' eggs among edible eggs, the same shall apply only to a business operator referred to in subparagraph 4: <Amended by Presidential Decree No. 24800, Oct. 16, 2013; Presidential Decree No. 25651, Oct. 8, 2014; Presidential Decree No. 25889, Dec. 23, 2014> |
| 1. | A slaughter business operator referred to in subparagraph 1 of Article 21; |
| 2. | A business operator for livestock product storage referred to in subparagraph 5 of Article 21; |
| 3. | A business operator for livestock product transportation referred to in subparagraph 6 of Article 21; |
| (3) | Matters necessary for the packaging methods, etc., of livestock subject to packaging under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 13 (Inspection of Edible Eggs) |
"Business operators prescribed by Presidential Decree" in Article 12 (4) of the Act means business operators engaging in edible egg collection and sales business who directly collect edible eggs (limited to hen eggs) from livestock breeding facilities that produce the edible eggs (limited to hen eggs) and sell such eggs. [This Article Newly Inserted by Presidential Decree No. 28835, Apr. 24, 2018]
| Article 13-2 (Reinspection of Livestock Products) |
| (1) | Matters to be notified by the Minister of Food and Drug Safety or a Mayor/Do Governor to the relevant business operator and the deadline for giving such notice pursuant to Article 12-3 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| 1. | Matters to be notified: Methods of inspection applied to the relevant inspection, methods of collecting and handling specimens, and the outcome of inspection; |
| 2. | Deadline for giving notice: Within seven days from the date the relevant statement of an inspection or a certificate of inspection is prepared. |
| (2) | Where a request for reinspection made pursuant to Article 12-3 (2) of the Act falls under any of the following cases, the Minister of Food and Drug Safety or a Mayor/Do Governor shall conduct a reinspection: <Newly Inserted by Presidential Decree No. 24056, Aug. 22, 2012; Presidential Decree No. 24482, Mar. 23, 2013> |
| 1. | Where the result of an inspection conducted by a domestic or overseas inspection institution referred to in Article 12-3 (2) of the Act, by a method not used by the Minister of Food and Drug Safety or a Mayor/Do Governor among the inspection methods publicly notified by the specifications of ingredients of livestock products referred to in Article 4 (2) 2 of the Act (hereinafter referred to as "specifications of ingredients") (limited to cases where there are at least two methods of inspection publicly notified by the specifications of ingredients), satisfies the specifications of ingredients and application of inspection method thereto, and the appropriateness of the application of such method of inspection and the suitability of specimens for inspection, etc., are acknowledged; |
| 2. | Where an inspection is conducted in contravention of the inspection method, which is deemed to directly affect the result of inspection among the methods of inspection, such as the methods of collecting and handling specimens, and procedures for inspection, publicly notified by the specifications of ingredients. |
| (3) | Matters to be notified by the Minister of Food and Drug Safety or a Mayor/Do Governor to the relevant business operator and the deadline for giving such notice pursuant to Article 12-3 (3) and (4) of the Act shall be as follows: <Amended by Presidential Decree No. 24056, Aug. 22, 2012; Presidential Decree No. 24482, Mar. 23, 2013> |
| 1. | Matters to be notified: Outcome of determination on whether to conduct a reinspection (including the grounds therefor) or the result of reinspection; |
| 2. | Deadline for giving notice: Outcome of determination on whether to conduct a reinspection shall be notified within seven days from the date the request for reinspection is received; and the outcome of reinspection shall be notified within 18 days from the date of the notice to receive a reinspection is given. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 14 (Qualification and Duties of Inspectors) |
| (1) | An inspector under Article 13 (1) of the Act shall be a public official belonging to the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Food and Drug Safety, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply), or a livestock product testing and inspection agency prescribed in Article 6 (2) 2 of the Act on Testing and Inspection in the Food and Drug Industry (hereinafter referred to as "livestock product testing and inspection agency") who is qualified as a veterinarian, or a public veterinarian under Article 21 of the Veterinarians Act. <Amended by Presidential Decree No. 24056, Aug. 22, 2012; Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014> |
| (2) | An inspector under paragraph (1) shall conduct the following duties: <Amended by Presidential Decree No. 27400, Jul. 26, 2016; Presidential Decree No. 28835, Apr. 24, 2018; Presidential Decree No. 29622, Mar. 14, 2019> |
| 1. | Verification of using containers, etc. (referring to containers, tools, or packaging used for livestock products or colors for seal of approval or printing) that meet the specifications, etc. prescribed in Article 5 (1) of the Act; |
| 6. | Affairs concerning the checking and guidance, investigation and evaluation, verification of appropriateness, etc. of HACCP-accredited places of work, HACCP-accredited business establishments, HACCP-accredited farms, and integrated HACCP-accredited businesses prescribed in Articles 9 (3) and (4) and 9-3 (1) and (4) of the Act (hereinafter referred to as "HACCP-accredited place of work, etc."); |
| 8. | Verification of the appropriateness of inspections conducted by livestock product processing business operators or instant meat sales and processing business operators pursuant to Article 12 (3) of the Act; |
| 10. | Disposal of livestock or livestock products that fail an inspection prescribed in Article 18 of the Act; |
| 13. | Verification of and guidance on compliance with the matters to be observed by business operators and their employees prescribed in Article 31 (2) of the Act; |
| 17. | Inspection and disposal of animals other than livestock prescribed in Article 40-2 of the Act and their carcasses, dressed meat, internal organs and other parts; |
| 18. | Guidance on the distribution of livestock products; |
| 19. | Other affairs concerning the sanitary control of livestock and livestock products, such as the verification of performing orders and the duty to report under this Act. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 15 (Qualification, Duties, etc., of Veterinarians in Charge) |
| (2) | Duties of a veterinarian in charge referred to in paragraph (1) shall be as follows: <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | Deleted; <by Presidential Decree No. 25133, Jan. 28, 2014> |
| 2. | Inspection of raw milk; |
| 3. | Sanitary control of facilities in places of business; |
| 4. | Sanitation training for employees; |
| 5. | Disposal of raw milk that fails an inspection; |
| 6. | Maintenance of inspection records and reporting on inspections; |
| 7. | Verification as to whether assistant inspectors perform their duties; |
| 8. | Guidance on sanitary control of cows or sheep being milked; |
| 9. | Other affairs related to sanitary control of raw milk. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
[Enforcement Date] The amended provisions concerning slaughterhouses in Article 15 (1) and (2) shall enter into force on the following relevant dates: | 1. | A slaughterhouse, for which the daily average number of livestock slaughtered exceeds 80,000: July 1, 2014; |
| 2. | A slaughterhouse, for which the daily average number of livestock slaughtered is not less than 50,000 but does not exceed 80,000: January 1, 2015; |
| 3. | A slaughterhouse, for which the daily average number of livestock slaughtered is less than 50,000: January 1, 2016. |
| Article 16 (Revocation of Designation, etc., of Veterinarian in Charge) |
| (1) | A business operator who has designated a veterinarian in charge pursuant to Article 13 (3) of the Act shall not revoke such designation without just grounds. <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| (2) | Where a veterinarian in charge has caused serious harm to public hygiene, such as communicable disease between men and beasts and food poisoning, by neglecting his/her duties prescribed in Article 15 (2) or has violated any order issued under this Act, a Mayor/Do Governor may recommend the business operator who has designated the relevant veterinarian in charge, to revoke his/her designation, within a designated period. <Amended by Presidential Decree No. 22564, Dec. 29, 2010> |
| (3) | Where a business operator fails to comply with a recommendation to revoke designation made pursuant to paragraph (2) without any extenuating circumstances, a Mayor/Do Governor may revoke the approval for designation of a veterinarian in charge granted pursuant to Article 13 (3) of the Act. <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
[Enforcement date] The amended provisions concerning slaughterhouses in Article 16 (1) and (3) shall enter into force on the following relevant dates: | 1. | A slaughterhouse, for which the daily average number of livestock slaughtered exceeds 80,000: July 1, 2014; |
| 2. | A slaughterhouse, for which the daily average number of livestock slaughtered is not less than 50,000 but not more than 80,000: January 1, 2015; |
| 3. | A slaughterhouse, for which the daily average number of livestock slaughtered is less than 50,000: January 1, 2016. |
| Article 16-2 (Places of Work in Islands and Remote Areas) |
"Places of work prescribed by Presidential Decree, such as a place of work located in an island or remote area" in the proviso of Article 14 (1) of the Act means a place of work located in an island of which four sides are surrounded by the sea at high tide [excluding the main island of the Jeju Special Self-Governing Province] or in a remote mountainous area. [This Article Newly Inserted by Presidential Decree No. 29810, Jun. 4, 2019]
| Article 17 (Places of Work Obliged to Employ Assistant Inspectors) |
“Place of work prescribed by Presidential Decree" in Article 14 (2) of the Act means a milk collection station. <Amended by Presidential Decree No. 25133, Jan. 28, 2014> [This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
[Enforcement date] The amended provisions concerning slaughterhouses in Article 17 shall enter into force on the following relevant dates: | 1. | A slaughterhouse, for which the daily average number of livestock slaughtered exceeds 80,000: July 1, 2014; |
| 2. | A slaughterhouse, for which the daily average number of livestock slaughtered is not less than 50,000 but not more than 80,000: January 1, 2015; |
| 3. | A slaughterhouse, for which the daily average number of livestock slaughtered is less than 50,000: January 1, 2016. |
| Article 17-2 (Standard Workload, etc., of Inspectors) |
The standard workload of an inspector and a veterinarian in charge of inspection that can be conducted in a day under Article 13 (5) of the Act and the number of assistant inspectors to be posted or employed in a place of work, etc., pursuant to Article 14 of the Act, shall be as specified in attached Table 1. <Amended by Presidential Decree No. 24056, Aug. 22, 2012; Presidential Decree No. 25133, Jan. 28, 2014> [This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 18 (Qualification and Duties of Assistant Inspectors) |
| (1) | Any of the following persons who has received education pursuant to Article 18-2 (3) shall be an assistant inspector who assists inspection affairs of an inspector pursuant to Article 14 (1) of the Act: <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | A graduate of a school defined in Article 2 of the Higher Education Act after completing the course of veterinary science, zootechny, sitology, or biology in a department or undergraduate course, or a person at least equivalently qualified; |
| 3. | A person who has at least one year’s experience in the affairs related to the sanitation of livestock products in a livestock product testing and inspection agency. |
| (2) | Any of the following persons shall be qualified as an assistant inspector referred to in Article 14 (2) of the Act: <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | A person who has at least six years’ experience in the affairs related to the sanitation of livestock products in a livestock product testing and inspection agency; |
| 3. | A person who has at least one year’s experience in a milk collection station; |
| 4. | A person who has completed regular sanitation training conducted by a corporation related to the sanitation of livestock products prescribed by Ordinance of the Prime Minister pursuant to Article 30 (8) of the Act; |
| 5. | A person who has engaged in the affairs related to the sanitation of livestock products at a corporation related to the sanitation of livestock designated by the Minister of Food and Drug Safety for at least six months. |
| (3) | Duties of an assistant inspector referred to in paragraph (1), shall be as follows: <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | Assistance in the inspection of livestock and their meat performed by an inspector; |
| 2. | Assistance in the verification as to whether a slaughterhouse complies with its own sanitary control standards and individual HACCP, performed by an inspector; |
| 3. | Assistance in disposal of livestock and livestock products that fail an inspection; |
| 4. | Assistance in laboratory inspections performed by an inspector; |
| 5. | Preparation of documents related to inspection, such as inspection records; |
| 6. | Sanitary control of devices, equipment, facilities, etc., within a place of business; |
| 7. | Other affairs instructed by an inspector in connection with sanitation control of livestock and livestock products. |
| (4) | Duties of an assistant inspector referred to in paragraph (2) shall be as follows: <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | Assistance in inspection of raw milk and provision of guidance for the sanitary control of cows or sheep being milked, among duties of a veterinarian in charge; |
| 2. | Sanitary control of devices, equipment, facilities, etc., within a place of business; |
| 3. | Assistance in the disposal of raw milk that fails an inspection; |
| 4. | Preparation of documents related to inspection, such as inspection records; |
| 5. | Other affairs instructed by an inspector or veterinarian in charge, in connection with sanitation control of raw milk. |
| (5) | When an assistant inspector referred to in paragraph (1) or (2) has found any fact that is likely to cause harm to human health or any serious defect of a device, equipment, facility, etc., within a place of business in the course of performing his/her duties pursuant to paragraph (3) or (4), he/she shall report such fact immediately to an inspector or veterinarian in charge. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
[Enforcement date] The amended provisions concerning slaughterhouses in Article 18 (2) 2, 3, (4) 1, 3, and 5 shall enter into force on the following relevant dates: | 1. | A slaughterhouse, for which the daily average number of livestock slaughtered exceeds 80,000: July 1, 2014; |
| 2. | A slaughterhouse, for which the daily average number of livestock slaughtered is not less than 50,000 but not more than 80,000: January 1, 2015; |
| 3. | A slaughterhouse, for which the daily average number of livestock slaughtered is less than 50,000: January 1, 2016. |
| Article 18-2 (Education of Assistant Inspectors) |
| (1) | An assistant inspector referred to in Article 14 (1) or (2) of the Act (including persons who intend to become assistant inspectors) shall undergone education in an education agency designated and publicly notified by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| (2) | Where the Minister of Food and Drug Safety designates and publicly notifies education agencies pursuant to paragraph (1), he/she shall designate at least two education agencies and also publicly notify the standards for human resources, equipment and facilities, etc., that such education agencies should be equipped with. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| (3) | Hours of education for assistant inspectors referred to in paragraph (1), shall be as follows: |
| 3. | For assistant inspectors referred to in Article 14 (1) or (2): At least 4 hours annually. |
| (4) | The contents of education referred to in paragraph (1) shall be as follows: Provided, That in cases falling under paragraph (3) 3, part of the content of education may be omitted: <Amended by Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | Basic theories of veterinary science; |
| 2. | Matters concerning the inspection of livestock and livestock products at slaughterhouses and milk collection stations; |
| 3. | Matters concerning the methods, etc., of applying HACCP to slaughterhouses and milk collection stations; |
| 4. | Matters concerning the sanitary control of livestock products at slaughterhouses and milk collection stations; |
| 5. | Matters concerning the statutes and regulations related to sanitation of livestock products. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 18-3 (Expenses, etc., for Conducting Education) |
| (1) | An education agency under Article 18-2 (1) may receive expenses for conducting education in the following corresponding amounts: |
| 1. | Remuneration of instructors; |
| 2. | Expenses for the compilation of an educational textbook; |
| 3. | Expenses for experimental materials and field exercises; |
| 4. | Other necessary expenses, such as the cost to purchase office supplies related to education. |
| (2) | Matters necessary for the education of assistant inspectors shall be determined and publicly notified by the Minister of Food and Drug Safety. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 18-4 Deleted. <by Presidential Decree No. 26936, Jan. 22, 2016> |
| Article 18-5 (Scope of Interested Parties concerning Prohibition of Import and Sale) |
[This Article Newly Inserted by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 19 (Disposal of Livestock and Livestock Products that Fail Inspections) |
| (1) | Pursuant to Article 18 of the Act, a business operator shall dispose of livestock or livestock products that fail an inspection referred to in Article 11 or 12 of the Act by any of the following methods: <Amended by Presidential Decree No. 26936, Jan. 22, 2016> |
| 1. | Scrapping by means of incineration, burying, etc. |
| 2. | Conversion to uses other than for food; |
| 3. | Deleted. <by Presidential Decree No. 26936, Jan. 22, 2016> |
| (2) | Where it intends to incinerate or bury any livestock or livestock products that fail an inspection, the methods of and standards for disposal thereof shall be as specified in attached Table 2. |
| (3) | Where it intends to convert the use of livestock or livestock products that fail an inspection to uses other than for food, the methods of and the standards for disposal thereof shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 20 (Request for Sanitary Inspection, etc., Made by Consumers, etc.) |
| (1) | "More than a certain number of consumers prescribed by Presidential Decree" in the main sentence of Article 19-2 (1) of the Act means at least five consumers who have suffered the same loss caused by the same place of business, etc. |
| (2) | A person who intends to request to access, inspect and collect under Article 19 (1) and (2) of the Act (hereinafter referred to as "sanitary inspection, etc.") pursuant to Article 19-2 (1) of the Act, shall submit a written request to the Minister of Food and Drug Safety, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu. In such cases, where persons who intend to make a request are consumers, a written request shall be submitted by their representative. |
| (3) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu notifies the result of sanitary inspection, etc., pursuant to Article 19-2 (2) of the Act, he/she shall give notice by means requested by the consumers' representative, the head of the consumer organization, or the head of the livestock product testing and inspection agency, or in writing if no separate request is made. |
[This Article Newly Inserted by Presidential Decree No. 25767, Nov. 21, 2014]
| Article 20-2 (Qualification, Scope of Duties, etc., of Livestock Product Sanitation Supervisors) |
| (1) | "Agencies under its control prescribed by Presidential Decree" in Article 20-2 (1) of the Act means regional offices of food and drug safety. <Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24482, Mar. 23, 2013> |
| (2) | Livestock product sanitation supervisors under Article 20-2 (1) of the Act shall be appointed by the Minister of Food and Drug Safety, the head of a regional office of food and drug safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu from among any of the following public officials: <Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24482, Mar. 23, 2013> |
| 1. | A hygienist, professional engineer, engineer food processing, industrial engineer food processing, or nutritionist; |
| 2. | A graduate of a school referred to in Article 2 of the Higher Education Act after completing a course of medical science, Korean medicine, pharmacy, oriental pharmacy, veterinary medicine, zootechny, livestock processing, chemistry, chemical engineering, food processing, food chemistry, food manufacturing, food engineering, food science, food and nutrition, hygienics, fermentation technology, microbiology, or biology in a department or undergraduate course, or a person who has the qualification equivalent thereto or higher; |
| 3. | A person who has at least one year’s experience in the affairs related to the sanitary administration of livestock products. |
| (3) | Duties of a livestock product sanitation supervisor shall be as prescribed in Articles 14 (2) 1, 2, 4 through 6, 8, 10 through 16, 18, and 19. <Amended by Presidential Decree No. 27400, Jul. 26, 2016> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 20-3 (Commission, etc. of Honorary Livestock Product Sanitation Supervisors) |
| (1) | A honorary livestock product sanitation supervisor prescribed in Article 20-3 (1) of the Act (hereinafter referred to as "honorary supervisor") shall be commissioned from among any of the following persons: |
| 1. | A person with much knowledge in sanitation and distribution of livestock products; |
| 2. | A person recommended by the head of a consumer organization or an animal husbandry-related producers' organization or association (excluding organizations or associations established to promote the common interests of business operators engaging in business prescribed in Article 21 of the Act; hereinafter referred to as "organization, etc.") from among employees belonging to the relevant organization, etc. |
| (2) | When an honorary supervisor commissioned pursuant to paragraph (1) falls under any of the following cases, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall dismiss the honorary supervisor: <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | Where an honorary supervisor retires or is dismissed from an organization, etc.; |
| 2. | Where an honorary supervisor commits a misdeed or abuses his/her authority in connection with the duties prescribed in the subparagraphs of paragraph (3); |
| 3. | Where an honorary supervisor comes to have difficulties in conducting his/her duties due to death, disease, injury, etc. |
| (3) | The scope of duties of honorary supervisors shall be as follows. In such cases, an honorary supervisor shall not commit a misdeed or abuse his/her authority in connection with the duties: <Amended by Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 28835, Apr. 24, 2018> |
| 1. | Assisting livestock product sanitation supervisors in the collection, inspection, seizure, and scrapping of livestock products; |
| 2. | Reporting and providing information on violators of statutes and regulations; |
| 3. | Other affairs related to public relations, campaigns, etc. on the sanitation and trade order of livestock products. |
| (4) | The Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may pay allowances to honorary supervisors within budgetary limits. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
| (5) | The Minister of Food and Drug Safety shall determine and publicly notify details regarding the operation of honorary supervisors. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 21 (Subdivision and Scope of Business) |
The subdivision and scope of business prescribed in Article 21 of the Act shall be as follows: <Amended by Presidential Decree No. 24800, Oct. 16, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 25889, Dec. 23, 2014; Presidential Decree No. 27400, Jul. 26, 2016; Presidential Decree No. 28835, Apr. 24, 2018; Presidential Decree No. 29810, Jun. 4, 2019> | 1. | Livestock slaughter business: Business of slaughtering and disposing of livestock for edible purposes; |
| 2. | Milk collection business: Business of collecting, filtering, cooling, or storing raw milk: Provided, That cases of processing raw milk that one directly produces without collecting raw milk shall be excluded; |
| 3. | In cases of livestock product processing business, business classified as follows: |
| (a) | Meat processing business: Business of producing processed meat products; |
| (b) | Milk processing business: Business of producing milk products; |
| (c) | Egg processing business: Business of producing processed egg products; |
| 3-2. | Edible-egg sorting and packaging business: Business specialized in the sorting, washing, drying, sterilization, inspection, and packaging of hen eggs among edible eggs; |
| 4. | Meat packaging business: Business of producing packaged meat; |
| 5. | Livestock product storage business: Frozen or refrigerated storage business for storing livestock products in a frozen or refrigerated condition: Provided, That cases where a livestock product processing business operator or a meat packaging business operator stores livestock products to use them as raw materials of products shall be excluded; |
| 6. | Livestock product transportation business: Business of transporting livestock products (excluding raw milk, and livestock products that do not require frozen or refrigerated storage because of undergoing the processes for drying, sterilizing, salting, etc. to prevent rapid decomposition or spoiling) in a sanitary manner: Provided, That cases of transporting livestock products for the purpose of selling, treating, processing, or packaging the livestock products at the place of business of the relevant business operator and cases of transporting livestock products treated, processed, or packaged by the relevant business operator shall be excluded; |
| 7. | In cases of livestock product sales business, business classified as follows: |
| (a) | Meat sales business: Business specialized in the sale of meat or packaged meat (including business of selling packaged meat after re-cutting or dividing): Provided, That any of the following cases shall be excluded: |
| (i) | Where a person who manages a food retail shop, such as a supermarket (hereafter referred to as "person managing a shop, such as a supermarket" in this subparagraph and subparagraph 8) or a business operator engaging in livestock product sales business besides meat sales business stores and displays chicken and duck meat (referring to chicken and duck meat individually packaged by slaughter business operators prescribed in Article 12-7 (2) 1; hereafter in this subparagraph and subparagraph 8, the same shall apply) or packaged chicken and duck meat in the refrigerating or freezing facilities located in the relevant shop or place of business and sells it to end-consumers without opening the package at the relevant shop or place of business (including cases of delivering and selling chicken and duck meat or packaged chicken and duck meat by receiving orders by telephone, on the website, or by other means); |
| (iii) | Where a meat packaging business operator directly sells the packaged meat he/she produces; |
| (iv) | Where a person files a report on instant meat sales and processing business prescribed in subparagraph 8 and operates such business; |
| (v) | Where a mail order distributor prescribed in subparagraph 3 of Article 2 of the Act on the Consumer Protection in Electronic Commerce, ETC. sells chicken and duck meat or packaged chicken and duck meat (limited to cases of entrusting the storage, management, or delivery of chicken and duck meat or packaged chicken and duck meat to business operators engaging in meat sales business operators or meat packaging business operators when selling the meat); |
| (b) | Business specialized in selling by-products of meat: Business specialized in selling only edible parts such as internal organs (referring to livers, hearts, stomachs, spleens, intestines, kidneys, etc.), heads, legs, tails, bones, blood, etc. of meat, which are categorized as by-products; |
| (c) | Milk sales business: Business specialized in selling dairy products that are directly drinkable, in the form of a milk agency, milk distribution agency, etc.; |
| (d) | Deleted; <by Presidential Decree No. 26936, Jan. 22, 2016> |
| (e) | Business specialized in selling and distributing livestock products: Business of outsourcing the processing or packaging of livestock products (referring to packaged meats, processed meat products, dairy products, and processed egg products in this item) to a livestock product processing business operator or a meat packaging business operator and of distributing and selling the processed or packaged livestock products under the business operator's own trademark; |
| (f) | Edible egg collection and sales business: Business specialized in selling edible eggs (limited to hen eggs; hereafter in this item, the same shall apply) by collecting, treating, or purchasing them: Provided, That any of the following cases shall be excluded: |
| (i) | Where a person engages in chicken-breeding business without filing for registration therefor, as being subject to exemption from the registration of livestock breeding business prescribed in Article 22 (3) of the Livestock Industry Act; |
| (ii) | Where a person managing a shop, such as a supermarket, or a business operator engaging in livestock product sales business besides edible egg collection and sales business or instant meat sales and processing business sells packaged eggs [referring to eggs packaged by business operators engaging in livestock product sales business prescribed in Article 12-7 (2) 4 (limited to edible egg collection and sales business) pursuant to Article 12-7 (1) 2; hereafter in this item, the same shall apply] directly to end-consumers at the relevant shop or place of business (including cases of delivering and selling packaged eggs by receiving orders by telephone, on the website, or by other means); |
| (iv) | Where a person sells all of the edible eggs that he/she produces to edible egg collection and sales business operators; |
| 8. | Instant meat sales and processing business: Business specialized in selling meat or packaged meat (including the sale of packaged meat after re-cutting or dividing the packaged meat) while selling meat processed products (excluding canned and bottled meat) directly to end-consumers by making or re-dividing the meat processed products: Provided, That cases where a person managing a shop, such as a supermarket, stores and displays chicken and duck meat or packaged chicken and duck meat in the refrigerating or freezing facilities located in the relevant shop and sells it to end-consumers at the relevant shop without opening the package (including cases of delivering and selling chicken and duck meat or packaged chicken and duck meat by receiving orders by telephone, on the website, or by other means) while selling meat processed products (excluding canned and bottled meat) directly to end-consumers by making or re-dividing the meat processed products shall be excluded. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 22 (Important Matters subject to Permission for Modification) |
"Where he/she modified important matters prescribed by Presidential Decree" in Article 22 (2) 3 of the Act means cases of changing the following facilities: <Amended by Presidential Decree No. 28835, Apr. 24, 2018> | 1. | In cases of slaughter business: A mooring, workroom, or freezer and cold room; |
| 2. | In cases of milk collection business: A milk storage room; |
| 3. | In cases of livestock product processing business: A raw material treatment room, manufacturing and processing room, or packaging room; |
| 3-2. | In cases of edible egg sorting and packaging business: A raw material egg storage room, sorting room, packaging room, or product storage room; |
| 4. | In cases of meat packaging business: A raw material storage room, meat treatment room, packaging room, or freezer and cold room; |
| 5. | In cases of livestock product storage business: A freezer and cold room. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 23 (Revocation, etc. of Permission) |
| (1) | The following dispositions shall be imposed through documents stating the grounds for, and details, etc. of the dispositions: |
| 1. | Revocation of permission for business, or issuance of an order for closure of a place of business prescribed in Article 27 of the Act; |
| 2. | Issuance of an order for the suspension of all or part of business prescribed in Article 27 of the Act. |
| (2) | When a hearing prescribed in Article 43 of the Act is held or an opinion is presented pursuant to Article 27 of the Administrative Procedures Act to impose a disposition prescribed in paragraph (1), the disposition shall be imposed within 14 days from the date the procedures therefor are completed unless there is a compelling reason not to do so. |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu who imposes a disposition under paragraph (1) shall post a notice stating the name of the relevant place of business and the details, duration, etc. of the disposition, which is prescribed by Ordinance of the Prime Minister, at the entrance of the place of business subject to such disposition or at other conspicuous places. <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 28835, Apr. 24, 2018> |
[This Article Newly Inserted by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 24 Deleted. <by Presidential Decree No. 19689, Sep. 22, 2006> |
| Article 25 (Standards for Calculation of Penalty Surcharges to be Imposed in Lieu of Disposition for Business Suspension, etc.) |
The amount of a penalty surcharge to be imposed pursuant to Article 28 (1) of the Act shall be calculated based upon the standards specified in attached Table 3, taking into account the type and degree of the offense. <Amended by Presidential Decree No. 25767, Nov. 21, 2014> [This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 26 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 28 (1) of the Act, he/she shall notify the business operator subject to such disposition or his/her agent to pay the penalty surcharge, specifying the type of the offense, the amount of the relevant penalty surcharge, etc. <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 28835, Apr. 24, 2018> |
| (2) | A person notified pursuant to paragraph (1) shall pay the penalty surcharge to a receiving agency determined by the Mayor/Do or the head of a Si/Gun/Gu, within 20 days from the date of the payment notice: Provided, That where it is impossible to pay the penalty surcharge within such period due to a natural disaster or any other unavoidable cause, it shall be paid within seven days from the date such cause ceases to exist. <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 28835, Apr. 24, 2018> |
| (3) | A receiving agency that has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer. |
| (4) | Upon receipt of a penalty surcharge under paragraph (2), a receiving agency of penalty surcharges shall notify the Mayor/Do Governor or the head of a Si/Gun/Gu of such fact without delay. <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 28835, Apr. 24, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 26-2 (Persons subject to Cancellation of Imposition Disposition for Penalty Surcharges, etc.) |
A person against whom the disposition to impose a penalty surcharge should be cancelled and his/her business should be fully or partially suspended the penalty surcharge should be collected in the same manner as delinquent national taxes are collected, or pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue, as prescribed in the main sentence of Article 28 (4) of the Act, shall be a person who has failed to pay a penalty surcharge within the payment deadline, receives a demand for payment once but fails to pay the penalty surcharge within 15 days from the date such demand is received. [This Article Newly Inserted by Presidential Decree No. 25767, Nov. 21, 2014]
| Article 26-3 (Standards and Procedures for Calculation of Penalty Surcharges for Sale, etc., of Hazardous Livestock Products) |
| (1) | The amount of a penalty surcharge to be imposed under Article 28-2 (1) of the Act shall be calculated by multiplying the quantity of the relevant livestock products sold by a person falling under any subparagraph of Article 28-2 (1) of the Act (hereafter in this Article referred to as "hazardous livestock products, etc.") by the sales price. |
| (2) | The quantity of sales referred to in paragraph (1) shall be the quantity calculated by deducting the quantity actually unsold for withdrawal, return, or inspection, etc., from the quantity shipped from the time the hazardous livestock products, etc., are first sold until the time they are uncovered; and where sales price is changed during the sales period, the price of sale shall be computed by the time they are sold. |
[This Article Newly Inserted by Presidential Decree No. 25767, Nov. 21, 2014]
| Article 26-4 (Extension of Deadlines for Payment of Penalty Surcharges and Installment Payment) |
| (1) | Where the amount of a penalty surcharge to be paid by a person subject to the imposition of the penalty surcharge pursuant to Article 28 (1) of the Act (hereinafter referred to as "person liable for the payment of a penalty surcharge") is not less than one million won but it is deemed difficult for the person to pay the full amount of the penalty surcharge in a lump sum due to any of the following causes, the Mayor/Do Governor or the head of a Si/Gun/Gu may extend the payment deadline or allow the person to pay it in installments. In such cases, he/she may, if necessary, have the person provide collateral: <Amended by Presidential Decree No. 28835, Apr. 24, 2018> |
| 1. | Where a person liable for the payment of a penalty surcharge suffers from a significant property loss due to a disaster, etc.; |
| 2. | Where the business of a person liable for the payment of a penalty surcharge is in a serious crisis due to the worsening of business conditions; |
| 3. | Where a person liable for the payment of a penalty surcharge is expected to face a significant financial difficulty, if he/she pays the penalty surcharge in a lump sum; |
| 4. | Where a person liable for the payment of a penalty surcharge has other grounds equivalent to those prescribed in subparagraphs 1 through 3. |
| (2) | A person liable for the payment of a penalty surcharge who intends to extend the deadline for payment of the penalty surcharge or to pay the penalty surcharge in installments pursuant to paragraph (1) shall file an application with the Mayor/Do Governor or the head of a Si/Gun/Gu not later than 10 days before the payment deadline. <Amended by Presidential Decree No. 28835, Apr. 24, 2018> |
| (3) | In granting the extension of payment deadline or allowing the installment payment of penalty surcharge pursuant to paragraph (1), the extended payment deadline shall not exceed one year; the interval between each installed payment shall not exceed four months; and the number of time of installment payments shall not exceed three times. |
| (4) | Where a person liable for the payment of a penalty surcharge for whom the deadline for payment is extended or installment payment is determined pursuant to paragraph (1) falls under any of the following cases, the Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the extension of the payment deadline or the determination of installment payment and collect the penalty surcharge in a lump sum: <Amended by Presidential Decree No. 28835, Apr. 24, 2018> |
| 1. | Where a person liable for the payment of a penalty surcharge fails to pay the penalty surcharge determined to be paid in installments by the payment deadline; |
| 2. | Where a person liable for the payment of a penalty surcharge fails to perform an order of the Mayor/Do Governor or the head of a Si/Gun/Gu as to the provision of collateral; |
| 3. | Where it is deemed impossible to collect all or the unpaid portion of the penalty surcharge due to compulsory execution, commencement of an auction, declaration of bankruptcy, dissolution of a corporation, a disposition of default on a national tax or local tax, etc. |
[This Article Newly Inserted by Presidential Decree No. 27299, Jun. 30, 2016]
| Article 26-5 (Reduction or Exemption of Administrative Dispositions for Business Operators who Have Recalled Hazardous Livestock Products) |
Where it is intended to reduce or exempt any administrative disposition pursuant to Article 31-2 (3) of the Act, for a person who has recalled or taken necessary measures to recall hazardous livestock products (including business entities registered under Article 15 of the Special Act on Imported Food Safety Control to import and sell imported food, etc.) pursuant to Article 31-2 (1); the criteria for the reduction and exemption shall be subject to the following classification: <Amended by Presidential Decree No. 27400, Jul. 26, 2016> | 1. | Where at least 4/5 of the planned recall quantity specified in a recall plan referred to in Article 31-2 (2) of the Act (hereafter in this Article referred to as "planned recall quantity") is recalled: Exemption of an administrative disposition against the relevant offense; |
| 2. | Where at least 1/3 but less than 4/5 of the planned recall quantity specified in a recall plan is recalled: |
| (a) | Where the standards for administrative dispositions under Article 27 (1) of the Act (hereafter in this Article referred to as "standards for administrative dispositions") provide for the revocation of the business permission or the closure of the place of business, a disposition for suspension of business for a period of between two and six months; |
| (b) | Where the standards for administrative dispositions provide for the full or partial suspension of business, a reduction of the period of business suspension by up to 2/3 of the period prescribed by such standards; |
| 3. | Where at least 1/4 but less than 1/3 of the planned recall quantity is recalled: |
| (a) | Where the standards for administrative dispositions provide for the revocation of the business permission or the closure of the place of business, a disposition for suspension of business for a period of between three and six months; |
| (b) | Where the standards for administrative dispositions provide for the full or partial suspension of business, a reduction of the period of business suspension by up to 1/2 of the period prescribed by such standards. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 26-6 (Business Operators Reporting Discovery of Foreign Substances in Livestock Products) |
"Business operators prescribed by Presidential Decree" in Article 31-6 (1) of the Act means persons engaging in the following business: | 3. | Business specialized in selling and distributing livestock products prescribed in Article 21 (1) 7 (e); |
[This Article Newly Inserted by Presidential Decree No. 29810, Jun. 4, 2019]
| Article 26-7 (Scope of Interested Persons) |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 27 (Livestock Products, etc. Subject to Risk Assessment) |
| (1) | The subject matters and methods of and procedures for the risk assessment of livestock products prescribed in Article 33-2 (1) of the Act (hereinafter referred to as "risk assessment") shall be as follows: <Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24056, Aug. 22, 2012; Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 29810, Jun. 4, 2019> |
| 1. | Livestock products subject to the risk assessment: |
| (a) | Livestock products of which sale, or treatment, processing, packaging, importation, storage, transportation, display, etc. for the purpose of sale are prohibited or restricted by international organizations, such as the Codex Alimentarius Commission, or foreign governments which deem that they are likely to cause harm to human health; |
| (b) | Livestock products from which domestic or foreign research and testing institutions detect raw materials, ingredients, etc. that are likely to cause harm to human health; |
| (c) | Livestock products that the Committee deems likely to cause harm to human health; |
| (d) | Livestock products that are likely to cause harm to human health, as being treated or processed by using new raw materials, ingredients, or technology or due to non-existence of standards or specifications for safety; |
| 2. | Hazards subject to assessment: |
| (a) | Chemical elements, such as agricultural pesticides, heavy metals, food additives, drugs for animal use, and environmental pollutants that may remain in livestock products, and substances that may be generated in the course of treating and processing livestock products; |
| (b) | Physical elements, such as the forms of livestock products and foreign substances prescribed in Article 31-6 (1) of the Act (hereinafter referred to as "foreign substance"); |
| (c) | Microbial elements, such as germs causing food poisoning, and antibiotic-resistant bacteria; |
| 3. | Methods of and procedures for the risk assessment: |
| (a) | The risk assessment shall determine the effects of livestock products on human health by undergoing the hazard identification process to identify the toxity of hazards existing in the relevant livestock products in the human body; the hazard characterization process to calculate tolerable quantities of exposure to the human body, such as acceptable daily intake of hazards; the exposure assessment process to calculate quantities of hazards exposed to the human body; and the risk characterization process to integrate the results of the hazard identification, hazard characterization, and exposure assessment: Provided, That where the Minister of Food and Drug Safety separately determines methods in accordance with the current level of technology or characteristics of hazards, such methods may apply; |
| (b) | The Minister of Food and Drug Safety shall conduct the risk assessment: Provided, That all or part of the affairs of risk assessment may be entrusted to domestic or foreign universities, academic societies relevant to the sanitation of livestock products, or specialized research and testing institutions relevant to the sanitation of livestock products to improve the efficiency and expertise of the risk assessment, and the Minister of Food and Drug Safety shall bear the costs incurred therein; |
| (c) | Where the livestock products subject to the risk assessment prescribed in subparagraph 1 have already undergone a risk assessment by an international organization, such as the Codex Alimentarius Commission, or by a domestic or foreign research and testing institution, or where there exist scientific test and analysis data regarding risk elements, the Minister of Food and Drug Safety may substitute the results of such assessment or the test and analysis data for the results of risk assessment of the Committee after deliberation by the Committee. |
| (2) | The Minister of Food and Drug Safety shall determine and publicly notify matters necessary for the methods, criteria, procedures, etc. for the risk assessment. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 27-2 Deleted. <by Presidential Decree No. 22497, Nov. 19, 2010> |
| Article 28 (Methods of Announcement) |
| (1) | A business operator issued with an order to make an announcement pursuant to Article 37 (1) of the Act (including importers and sellers of imported food, etc. registered pursuant to Article 15 of the Special Act on Imported Food Safety Control; hereafter in this Article, the same shall apply) shall without delay post a letter of urgent recall including the following matters in at least one general daily newspaper registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, Etc. and circulated nationwide, and such letter of urgent recall shall be posted in all the relevant newspapers printed and circulated on the same day; and he/she shall request the Minister of Food and Drug Safety to post the letter of urgent recall on the website connected to an information system referred to in Article 37-2 of the Act (hereafter in this Article referred to as "website"). In such cases, the Minister of Food and Drug Safety shall post the letter of urgent recall on the website without delay as requested and may not post the relevant letter of urgent recall or suspend the posting thereof, if deemed unnecessary to post the letter of urgent recall on the ground that the recovery of total quantities of the relevant product is confirmed or the expiration date has passed: <Amended by Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 27400, Jul. 26, 2016; Presidential Decree No. 28835, Apr. 24, 2018> |
| 1. | The title stating the recall of livestock products; |
| 2. | The trade name of livestock products (in cases of meat, referring to the kinds and cuts of the meat); |
| 3. | The date of manufacture, the date of import, or the expiration date of livestock products subject to recall; |
| 6. | The name, telephone number, and address of the business operator who conducts the recall; |
| 7. | Other matters necessary to conduct the recall. |
| (2) | Where the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu makes an announcement pursuant to Article 37 (2) or (3) of the Act, he/she shall without delay post the following matters on the website or in general daily newspapers registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, Etc. and circulated nationwide: <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | The title stating "announcement of violation of the Livestock Products Sanitary Control Act" or "announcement of hazardous livestock products"; |
| 2. | The trade name of livestock products (in cases of meat, referring to the kinds and cuts of the meat); |
| 3. | The date of manufacture, the date of import, or the expiration date of the relevant livestock products; |
| 4. | Details of the violation (including the details of the violation and the statutes and regulations that provide for grounds therefor), or hazards; |
| 5. | The type of business, the name and location of the place of business, and the representative's name; |
| 6. | Other matters that must be notified to the public to prevent hazards. |
| (3) | Pursuant to Article 37 (4) of the Act, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall without delay post the following matters regarding business operators for whom an administrative disposition is determined, on the website or in general daily newspapers registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, Etc. and circulated nationwide: <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014> |
| 1. | The title stating "announcement of matters subject to an administrative disposition under the Livestock Products Sanitary Control Act"; |
| 3. | The name and location of the place of business, and the representative's name; |
| 4. | The trade name of livestock products (in cases of meat, referring to the kinds and cuts of the meat); |
| 5. | Details of the violation (including the details of the violation and the statutes and regulations that provide for grounds therefor); |
| 6. | Details, date, and duration of the administrative disposition; |
| 7. | A regulatory institution and the date of regulation or detection. |
| (4) | In cases of posting the relevant matters on the website pursuant to paragraphs (2) and (3), the posting period shall be classified as follows: <Amended by Presidential Decree No. 28835, Apr. 24, 2018; Presidential Decree No. 29810, Jun. 4, 2019> |
| 1. | In cases of posting pursuant to paragraph (2): Six months from the date of posting; |
| 2. | In cases of posting pursuant to paragraph (3) and where the administrative disposition made final and conclusive is a disposition of business suspension (excluding administrative dispositions prescribed by Ordinance of the Prime Minister; hereafter in this subparagraph, the same shall apply) or a disposition of a penalty surcharge imposed in lieu of the disposition of business suspension: A period equivalent to twice the period of business suspension; |
| 3. | In cases of posting pursuant to paragraph (3) and where the administrative disposition made final and conclusive is a disposition of closure of the place of business or a disposition of business cancellation: Two years from the date of posting; |
| 4. | In cases of posting pursuant to paragraph (3) and where the administrative disposition made final and conclusive is an administrative disposition prescribed by Ordinance of the Prime Minister: A period prescribed by Ordinance of the Prime Minister. |
| (5) | Detailed matters concerning announcements prescribed in paragraph (1) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 28835, Apr. 24, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 29 (Exceptions to Procedures for Closure) |
Cases where a place of business may be closed without notifying the relevant business operator or his/her agent pursuant to the proviso to Article 38 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 22564, Dec. 29, 2010> | 1. | Where a person whose business permission has been revoked or who has received an order to close a place of business for breaching Article 33 (1) 1 through 4 of the Act continues his/her business; |
| 2. | Where a place of business subject to closure is deemed likely to cause serious harm to public hygiene, such as a communicable disease between men and beasts and food poisoning, if it continues it business. |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 30 (Payment of Monetary Awards) |
| (1) | Criteria for payment of monetary awards under Article 39 of the Act shall be as specified in attached Table 3-2. |
| (2) | Necessary matters concerning the methods of and procedures for the payment of monetary awards shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24482, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 31 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 44 (1) of the Act, the Minister of Food and Drug Safety shall delegate the following authority (in cases falling under subparagraph 1 and 1-2 through 1-4, excluding matters related to slaughterhouses, milk collection stations, or farms) to the heads of regional offices of food and drug safety: <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 25767, Nov. 21, 2014; Presidential Decree No. 27400, Jul. 26, 2016; Presidential Decree No. 28835, Apr. 24, 2018; Presidential Decree No. 29810, Jun. 4, 2019> |
| 1-2. | Accessing and examining a place of work or a business establishment in order to verify the appropriateness of the HACCP under Article 9-3 (5) of the Act; |
| 1-4. | Revoking accreditation of HACCP-accredited places of work, etc., and issuance of corrective orders under Article 9-4 of the Act; |
| 2. | Deleted; <by Presidential Decree No. 26936, Jan. 22, 2016> |
| 2-2. | Receiving requests for sanitary inspections, conducting sanitary inspections, etc., and notifying and posting the outcomes thereof under Article 19-2 of the Act; |
| 3. | Commission and dismissal of honorary livestock product sanitation supervisors, and payment of allowances under Article 20-3 of the Act; |
| 4. | Deleted; <by Presidential Decree No. 26936, Jan. 22, 2016> |
| 5. | through 7. Deleted; <by Presidential Decree No. 28835, Apr. 24, 2018> |
| 8. | Receiving reports on a recall and scrapping plan and reports on the result of recall and scrapping, and exemption or reduction of an administrative disposition under Article 31-2 of the Act; |
| 8-3. | Revoking the registration of, or issuing a corrective order to, a registrant of processed livestock products traceability under Article 31-3 (4) of the Act; |
| 8-4. | Examining and evaluating as to whether the standards for processed livestock products traceability and other relevant matters are complied with under Article 31-4 (6) of the Act; |
| 10. | Issuing orders for seizure, destruction (excluding matters concerning slaughterhouses and milk collection stations), or recall under Article 36 of the Act; |
| 12-2. | Providing monetary awards under Article 39 of the Act (excluding the payment to a person who reports or lodges a complaint against a person who has committed a violation in connection with the slaughter or treatment of any livestock or collection of milk or commits dishonesty against any livestock, or a person who arrests such person or who cooperates in the arrest of such person); |
| 13. | Holding hearings under Article 43 of the Act (limited to the hearings held pursuant to the authority entrusted under subparagraph 1-4 or 6); |
| (3) | Deleted. <by Presidential Decree No. 24482, Mar. 23, 2013> |
| (4) | Pursuant to the main sentence of Article 44 (2) of the Act, the Minister of Food and Drug Safety shall entrust the following affairs to the Chief Executive of the Korea Institute Food Safety Management Accreditation established under the Act on the Establishment and Operation of the Korea Institute for Food Safety Management Accreditation: <Amended by Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 26822, Dec. 30, 2015; Presidential Decree No. 27400, Jul. 26, 2016> |
| 1. | Accreditation of HACCP-accredited places of work, etc., accreditation for modification thereof, and issuance of documents evidencing accreditation or accreditation for modification under Article 9 (3) through (6) of the Act (excluding matters concerning slaughterhouses, milk collection stations, or farms); |
| 2. | Affairs related to the extension of the period of validity of accreditation under Article 9-2 of the Act (excluding matters concerning slaughterhouses, milk collection stations, or farms); |
| 3. | Examining and evaluating as to whether HACCP-accredited places of work (limited to livestock product processing business, meat packaging business, and livestock product storage business referred to in subparagraphs 3 through 5 of Article 21), HACCP-accredited business establishments (limited to livestock product transportation business, livestock product sales business, and instant meat sales and processing business referred to in subparagraphs 6 through 8 of Article 21), HACCP-accredited farms, or integrated HACCP-accredited businesses comply with HACCP under Article 9-3 (1) of the Act. |
| (5) | Pursuant to the proviso to Article 44 (2) of the Act, the Minister of Food and Drug Safety shall entrust his/her authority over the following affairs (limited to the matters concerning slaughterhouses, milk collection stations, or farms) to the Minister of Agriculture, Food and Rural Affairs: <Newly Inserted by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 27400, Jul. 26, 2016; Presidential Decree No. 28835, Apr. 24, 2018> |
| 1. | Accrediting HACCP-accredited places of work, etc., accrediting the modification thereof, and issuing documents evidencing accreditation or accreditation for modification under Article 9 (3), (5) and (6) of the Act; |
| 2. | Providing technology or information or providing education and training necessary to comply with HACCP under Article 9 (8) of the Act; |
| 3. | Providing preferential support, such as financing for improving facilities, to persons accredited as HACCP-accredited places of work, etc. under Article 9 (9) of the Act; |
| 6. | Examining and evaluating the HACCP of a business operator who operates his/her individual HACCP and the appropriateness of the operation thereof, and providing support therefor, under Article 9-3 (2) and (3) of the Act; |
| 7. | Accessing and examining any place of work, business establishment, or farm in order to verify the appropriateness of HACCP, under Article 9-3 (5) of the Act; |
| 9. | Revoking the accreditation of, or issuing corrective orders to, HACCP-accredited places of work, etc. under Article 9-4 of the Act; |
| 10. | Deleted; <by Presidential Decree No. 27400, Jul. 26, 2016> |
| 12. | Providing guidance necessary to make improvements, such as methods of raising livestock, and issuing a corrective order under Article 12-2 (3) of the Act; |
| 13. | Matters concerning the appointment, employment, and posting of inspectors belonging to the Ministry of Agriculture, Food and Rural Affairs who are in charge of the inspection of slaughterhouses and milk collection stations and assistant inspectors who assist such affairs, under Articles 13 (1) and (5) and 14 (1) of the Act; |
| 14. | Issuing a slaughter business operator or milk collection business operator with orders to report on the result of the inspection of livestock products, or issuing an inspector with orders to conduct inspection of a slaughterhouse, milk collection station, or livestock breeding facilities for producing edible eggs and to collect livestock products, under Article 19 (1) of the Act; |
| 15. | Issuing an inspector with orders for seizure or destruction under Article 36 of the Act (limited to orders concerning slaughterhouses and milk collection stations); |
| 16. | Paying monetary awards under Article 39 of the Act (limited to payment to persons who report or lodge a complaint against a person who has committed a violation in connection with the slaughter or treatment of any livestock or collection of milk or commits dishonesty against any livestock, or a person who arrests such person or who cooperates in the arrest of such person); |
| 18. | Holding hearings under subparagraph 1 of Article 43 of the Act (limited to the hearings held pursuant to the authority entrusted under subparagraph 9); |
| 19. | Public notice of the procedures for and methods of determining non-ambulatory cattle prohibited from slaughter under Article 12-2 (4); |
| 19-2. | Matters concerning the collection, handling and treatment of specimens for examination, guidelines for conducting an examination, etc. prescribed in Article 12-3 (3); |
| 20. | Public notice of matters concerning the computation of compensation amount, methods of payment, etc. under Article 12-4 (4); |
| 21. | Designation and public notice of agencies that educate assistant inspectors (limited to assistant inspectors to whom the authority for employment, and posting is entrusted pursuant to subparagraph 13) and public notice of the education, under Articles 18-2 (1) and 18-3 (2). |
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
| Article 31-2 (Management of Personally Identifiable Information) |
If inevitable to perform the following administrative affairs, the Minister of Food and Drug Safety (including persons to whom the authority of the Minister of Food and Drug Safety is delegated pursuant to Article 31 (1)), a Mayor/Do Governor, or the head of a Si/Gun/Gu (including persons to whom the relevant authority is delegated or entrusted, where such authority is delegated or entrusted) may manage data including resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 24482, Mar. 23, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 25767, Nov. 21, 2014; Presidential Decree No. 27960, Mar. 27, 2017> | 1. | Deleted; <by Presidential Decree No. 28835, Apr. 24, 2018> |
| 4. | Administrative affairs related to reporting on business, reporting on modification, etc. referred to in Article 24 of the Act; |
| 5. | Administrative affairs related to reporting on succession to business referred to in Article 26 of the Act; |
| 5-2. | Administrative affairs related to the revocation, etc. of permission referred to in Article 27 of the Act; |
| 6. | Administrative affairs related to the payment of monetary awards referred to in Article 39 of the Act; |
| 7. | Administrative affairs related to the inspection of animals other than livestock, etc., referred to in Article 40-2 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 32 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under article 47 (1) through (3) of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 22497, Nov. 19, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (1) 1 shall enter into force on January 1, 2003. Article 2 (Special Cases concerning Application)
Under Article 2 of the Addenda to the Livestock Products Sanitary Control Act (Act No. 5443), the Act and this Decree shall not begin to apply to chickens, ducks, geese, turkeys, rabbits, and raised quails and pheasants until December 31, 2002: Provided, That the same shall not apply to any livestock for sale within regions designated by the Minister of Agriculture, Food and Rural Affairs. Article 3 (Transitional Measures concerning Assistant Inspectors)
A person who has obtained permission for a slaughterhouse or milk collection station under the Livestock Products Sanitary Control Act, as at the time this Decree enters into force, shall appoint an assistant inspector referred to in Article 17 within six months after this Decree enters into force. Article 4 Omitted.
Article 5 (Relationship to Other Statutes and Regulations)
Where any other statute or regulation cites any business referred to in the Enforcement Decree of the Food Sanitation Act before it is amended pursuant to Article 4 of the Addenda, as at the time this Act enters into force, it shall be deemed to cite the relevant business referred to in this Decree, if such business falls under any business referred to in this Decree.
ADDENDUM <Presidential Decree No. 16995, Oct. 31, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17652, Jun. 29, 2002>
This Decree shall enter into force on July 1, 2002.
ADDENDA <Presidential Decree No. 18494, Jul. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2004: Provided, That the amended provisions of attached Table 1 shall enter into force on February 1, 2005.
Article 2 (Applicability to Permission for Modification of Slaughter Business)
The amended provisions of subparagraph 2 of Article 22 shall begin to apply to the modification of the kind of livestock slaughtered or treated in the same place of work on or after the date this Decree enters into force. Article 3 (Applicability to Payment of Monetary Awards)
The amended provisions of Article 30 (1) and attached Table 3-2 shall begin to apply to persons who report or file a complaint against a person who has violated any statute or regulation, or to persons who arrest such person or cooperate in the arrest of such person on or after the date this Decree enters into force. Article 4 (Transitional Measures concerning Orders to Recall)
Notwithstanding the amended provisions of Articles 27 and 27-2, measures concerning an order to recall issued under this Decree enters into force shall be governed by the previous provisions. Article 5 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of attached Table 4, the application of the criteria for imposition of administrative fines for any offence committed before this Decree enters into force shall be governed by the previous provisions.
Article 6 Omitted.
ADDENDUM <Presidential Decree No. 19689, Sep. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on September 25, 2006. |
| (2) | (Special Cases concerning Application to Business Operators Subject to Packaging of Livestock Products) In applying the amended provisions of Article 12-3, the computation of the daily average number of livestock slaughtered in a year shall be based on the year 2005 for the period from the date this Decree enters into force until December 31, 2007. |
| (3) | (Transitional Measures concerning Administrative Fines) The application of administrative fines for any violation committed before this Decree enters into force shall be governed by the previous provisions. |
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20677, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20779, May 9, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008: Provided, That the amended provisions of subparagraph 6 (e) of Article 21 shall enter into force on December 22, 2008. Article 2 (Special Cases concerning Application to Business Operators Subject to Packaging of Livestock Products)
In applying the amended provisions of Article 12-3 (1) during the following periods, the number of livestock actually slaughtered in a year shall be based on the year prescribed as follows, and the actual number of days during which they are slaughtered in a year shall be deemed 250 days: | 1. | From the date this Decree enters into force to December 31, 2008: Year 2006; |
| 2. | From January 1, 2009 to December 31, 2009: Year 2007. |
ADDENDUM <Presidential Decree No. 21802, Nov. 2, 2009>
This Decree shall enter into force on November 9, 2009.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010: Provided, That the amended provisions of Articles 12-6, 12-7 (limited to the part concerning chicken and duck meat), 14 (2) 9 and 10, 15 (1), 18 (2) 4, 20-2 (3) 1, 31 (1) 5 through 9, and (2) and (4) shall enter into force on January 1, 2011, and the amended provisions of Articles 12-7 (limited to the part concerning chicken eggs among edible eggs) and subparagraph 7 (f) of Article 21 on April 1, 2011. Article 2 (Applicability to Packaging, etc. of Livestock Products)
The amended provisions of Article 12-7 shall begin to apply from the first meat or chicken eggs produced after the same provisions enter into force. Article 3 (Special Cases concerning Standard Workload, etc. of Inspectors and Veterinarians in Charge)
| (1) | Notwithstanding the amended provisions of Article 17-2, attached Table 1, and the main sentence of Article 1 of the Addenda, the standard workload of inspectors and veterinarians in charge and the number of assistant inspectors, shall be governed by the previous provisions until November 25, 2011. In such cases, "own inspector" and "assistant inspector" shall be construed as "veterinarian in charge" and "assistant inspector," respectively. |
| (2) | Deleted. <by Presidential Decree No. 24162, Nov. 6, 2012> |
Article 4 (Applicability to Honorary Supervisors)
The amended provisions of Article 20-3 (1) 2 shall begin to apply to persons commissioned on or after the date this Decree enters into force. Article 5 (Transitional Measures concerning Qualification of Own Inspectors)
In-house inspectors designated under the previous provisions as at the time the amended provisions of Article 15 (1) enter into force shall be deemed to have undergone education under the amended provisions of Article 15 (1). Article 6 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
Notwithstanding the amended provisions of Article 32 and attached Table 4, the application of criteria for imposition of administrative fines for any violation committed before this Decree enters into force shall be governed by the previous provisions. Article 7 Omitted.
Article 8 (Relationship to Other Statutes and Regulations)
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
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. 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. 24056, Aug. 22, 2012>
This Decree shall enter into force on August 23, 2012.
ADDENDA <Presidential Decree No. 24162, Nov. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (a) and (q) of attached Table 4 shall enter into force on the date designated by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, which provides for the amounts of administrative fines after this Decree enters into force.
Article 2 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
The application of the criteria for imposition of administrative fines for any violation committed before the date this Decree enters into force as prescribed in the main sentence of and proviso to Article 1 of the Addenda, shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 24482, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24800, Oct. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Reporting, etc. on Instant Meat Sales and Processing Business)
| (1) | A person who performs business under the amended provisions of subparagraph 8 of Article 21 of this Decree at the same place after filing all reports on meat sales business under subparagraph 7 (a) of Article 21 and instantly-available food manufacturing or processing business under Article 25 (1) 2 of the Enforcement Decree of the Food Sanitation Act, as at the time this Decree enters into force, shall be deemed to have filed reports on instant meat sales and processing business under the amended provisions of subparagraph 8 of Article 21 and instantly-available food manufacturing or processing business under Article 25 (1) 2 of the Enforcement Decree of the Food Sanitation Act: Provided, That excluded herefrom, shall be a person for whom procedures for administrative dispositions are in progress or on whom such disposition is being taken in accordance with the Livestock Products Sanitary Control Act or the Food Sanitation Act as at the time this Decree enters into force for committing a violation subject to the suspension or closure of business by violating such Act. |
| (2) | Each person who falls under the main sentence of paragraph (1), shall submit documents prescribed by the Minister of Food and Drug Safety within one year from the date this Decree enters into force, after satisfying the criteria for facilities for instant meat sales and processing business referred to in the amended provisions of subparagraph 8 of Article 21. |
| (3) | The application of penalty provisions to, or imposition of administrative fine for, any act committed by a person who falls under the main sentence of paragraph (1) before this Decree enters into force, shall be governed by the previous provisions (including the Food Sanitation Act). |
Article 3 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) | Notwithstanding paragraph (1), the amended provisions of Article 32 (1) 10 of the Regulations on Devolution and Entrustment of Administrative Competence which is subject to amendment under subparagraph 2 (f) (ii) and (g) (ii) of attached Table 4 and Article 3 (11) of the Addenda concerning the business operator of a milk collection station, shall enter into force on the following relevant date. In such cases, the average volume of daily milk collected shall be the value calculated by dividing the total volume of milk collected of the relevant place of work in the preceding year by the number of days of actual milk collection on the basis of the enforcement date referred to in paragraph (1): |
| 1. | A milk collection station, for which the average volume of daily milk collection is at least 150 tons: July 1, 2014; |
| 2. | A milk collection station, for which the average volume of daily milk collection is at least 75 tons but less than 150 tons: January 1, 2015; |
| 3. | A milk collection station, for which the average volume of daily milk collection is less than 75 tons: January 1, 2016. |
| (3) | Notwithstanding paragraph (1), the amended provisions of subparagraph 2 (f) (ii) and (g) (ii) of attached Table 4 for livestock processing business operator of a business establishment shall enter into force on the following relevant dates. In such cases, annual sales shall be the total sales of the relevant place of business over the preceding year on the basis of the enforcement date referred to in paragraph (1), and the number of employees shall be the number of regular workers under the Labor Standards Act on the basis of the enforcement date referred to in paragraph (1): Provided, That where it is impossible to calculate the total sales over the preceding one year due to new business, business suspension, etc., the total sales shall be calculated by converting the total sales during the period of actual operation in the preceding year, into one year: |
| 1. | A business establishment, whose annual sales are not less than two billion won and which employs at least 51 people: January 1, 2015; |
| 2. | A business establishment, whose annual sales are not less than 500 million won and which employs at least 21 people: January 1, 2016; |
| 3. | A business establishment, whose annual sales are not less than 100 million won and which employs at least six people: January 1, 2017; |
| 4. | A business establishment, whose annual sales is less than 100 million won or which employs not more than five people: January 1, 2018. |
| (4) | Notwithstanding paragraph (1), the amended provisions of Articles 13, 15 (1) and (2), 16 (1) and (3), 17, 18 (2) 2 and 3 and (4) 1, 3 and 5, subparagraph 1 (a) and 2 of Article 18 (2), Article 1, 3 and 5, subparagraph 1 (a) and 2 of attached Table 1, and subparagraph 2 (o) of attached Table 4 concerning a slaughterhouse classified below, shall enter into force on any of the following dates. In such cases, the daily average number of livestock slaughtered shall be the daily average number of livestock slaughtered of the relevant slaughterhouse in the preceding year on the basis of the enforcement date referred to in paragraph (1): |
| 1. | A slaughterhouse, for which the daily average number of livestock slaughtered exceeds 80,000: July 1, 2014; |
| 2. | A slaughterhouse, for which the daily average number of livestock slaughtered is not less than 50,000 but not more than 80,000: January 1, 2015; |
| 3. | A slaughterhouse, for which the daily average number of livestock slaughtered is less than 50,000: January 1, 2016. |
| (5) | Notwithstanding paragraph (1), the amended provisions of Articles 14 (1), 18 (1) 3 and (2) 1, subparagraph 2 of Article 31-2, and subparagraph 2 (i) of attached Table 4 shall enter into force on July 31, 2014. |
Article 2 (Transitional Measures concerning Qualification of Assistant Inspectors Who Assist Affairs of Veterinarians in Charge)
Notwithstanding the amended provisions of Article 18 (2) 2 or 3, the qualification of an assistant inspector working at a milk collection station to assist in the inspection affairs of a veterinarian in charge as of the enforcement date prescribed in each subparagraph of Article 1 (4) of the Addenda, shall be governed by the previous Article 18 (2) 2 or 3. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 25651, Oct. 8, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25767, Nov. 21, 2014>
This Decree shall enter into force on November 22, 2014.
ADDENDA <Presidential Decree No. 25889, Dec. 23, 2014>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on the date of its promulgation. |
| (2) | Notwithstanding paragraph (1), the amended provisions of subparagraph 2 (f) (ii) and (g) (ii) of attached Table 4 concerning a business operator of a milk collection station classified below, shall enter into force on the following relevant dates: |
| 1. | A milk collection station, whose average volume of daily milk collection (referring to the value calculated by dividing the total volume of milk collected at the relevant place of work in the preceding year by the number of days of actual milk collection on the basis of January 31, 2014; hereafter the same shall apply in this paragraph) is at least 75 tons but less than 150 tons: January 1, 2015; |
| 2. | A milk collection station, whose average volume of daily milk collection is less than 75 tons: January 1, 2016. |
| (3) | Notwithstanding paragraph (1), the amended provisions of subparagraph 2 (f) (ii) and (g) (ii) of attached Table 4 concerning a livestock products processing business operator of a business establishment classified below, shall enter into force on one of the following dates: |
| 1. | A business establishment, whose annual sales (referring to the total sales of the relevant place of business over the preceding one year on the basis of January 31, 2014: Provided, That where it is impossible to calculate the total sales of the relevant place of business over the preceding year due to new business, business suspension, etc., the total sales shall be calculated by converting the total sales during the period of actual operation in the preceding year into one year; hereafter the same shall apply in this paragraph) are not less than two billion won and which employs at least 51 people (referring to the number of regular workers under the Labor Standards Act on the basis of January 31, 2014; hereafter the same shall apply in this paragraph): January 1, 2015; |
| 2. | A business establishment, whose annual sales are not less than 500 million won and which employs at least 21 people: January 1, 2016; |
| 3. | A business establishment, whose annual sales are not less than 100 million won and which employs at least six people: January 1, 2017; |
| 4. | A business establishment, whose annual sales are less than 100 million won or which employs not more than five people: January 1, 2018. |
| (4) | Notwithstanding paragraph (1), the amended provisions of subparagraph 2 (n) of attached Table 4 concerning a slaughterhouse classified as follows shall enter into force on the following dates: |
| 1. | A slaughterhouse, for which the daily average number of livestock slaughtered (referring to the daily average number of livestock slaughtered at the relevant slaughterhouse in the preceding year as at January 31, 2014; hereafter the same shall apply in this paragraph) is not less than 50,000 but not more than 80,000: January 1, 2015; |
| 2. | A slaughterhouse, for which the daily average number of livestock slaughtered is less than 50,000: January 1, 2016. |
Article 2 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
Dispositions of imposition of administrative fines which have been received due to offenses committed before this Decree enters into force shall not be included in the calculation of the number of offenses under the amended provisions of attached Table 4.
ADDENDA <Presidential Decree No. 26822, 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 31 (2) and (4) 3 shall enter into force on January 1, 2016. Article 2 (Transitional Measures concerning Criteria for Penalty Surcharges)
Notwithstanding the amended provisions of subparagraph 2 of attached Table 3, the imposition of penalty surcharges for offenses committed before this Decree enters into force shall be governed by the previous provisions.
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.
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.
ADDENDUM <Presidential Decree No. 27400, Jul. 26, 2016>
This Decree shall enter into force on August 4, 2016: Provided, That the amended provisions of subparagraph 8 of Article 21 and subparagraph 2 (r) of attached Table 4, shall enter into force on the date of its promulgation, and the amended provisions of Articles 26-5, 28 (1), and 31 (4) (limited to the part concerning the Korea Institute for Food Safety Management Accreditation) and (5) 10 on February 4, 2017.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28835, Apr. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 25, 2018.
Article 2 (Applicability to Posting on Websites)
The amended provisions of Article 28 (4) shall begin to apply to cases of posting the relevant matters on the website on or after the date this Decree enters into force.
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. 29810, Jun. 4, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2019.
Article 2 (Applicability to Posting on Websites)
The amended provisions of Article 28 (4) shall begin to apply to cases of posting the relevant matters on the website on or after the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 30157, Oct. 22, 2019>
This Decree shall enter into force on November 1, 2019.