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CONTROL OF LIVESTOCK AND FISH FEED ACT

Wholly Amended by Act No. 8931, Mar. 21, 2008

Amended by Act No. 9432, Feb. 6, 2009

Act No. 10219, Mar. 31, 2010

Act No. 11690, Mar. 23, 2013

Act No. 11998, Aug. 6, 2013

Act No. 13136, Feb. 3, 2015

Act No. 14211, May 29, 2016

Act No. 14481, Dec. 27, 2016

Act No. 14476, Dec. 27, 2016

Act No. 16123, Dec. 31, 2018

Act No. 16981, Feb. 11, 2020

Act No. 17091, Mar. 24, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning the stabilization of supply and demand of feed and the quality control thereof, and the ensuring of safety, of feed to serve to develop the livestock industry through the stable production and quality improvements of feed.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013>
1. The term "feed" means single-compound feed, assorted feed, and supplementary feed, all of which are used as nutritions for livestock specified in the Livestock Industry Act and animals, fish, etc. specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs (hereinafter referred to as "animals"), and necessary for the maintenance of their health and growth: Provided, That any feed taken by animals, etc. as animal medicine shall be excluded herefrom;
2. The term "single-compound feed" means vegetable, animal or mineral substances specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs and used either directly as feed or as raw materials for making assorted feed;
3. The term "assorted feed" means feed made of single-compound feed and supplementary feed, etc. by mixing or processing them in proper proportions and specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs according to the purpose of use;
4. The term "supplementary feed" means feed added to any other feed to prevent the quality of feed from deteriorating or to upgrade the efficacy of feed and specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs;
5. The term "manufacturing business" means a business manufacturing (including mixing, assorting, combining, or processing feed; hereinafter the same shall apply) and selling or supplying feed;
6. The term "import business" means a business importing feed to sell (including cases where imported feed is simply repackaged: hereinafter the same shall apply);
7. The term "manufacturer" means a person who runs a feed-manufacturing business;
8. The term "importer" means a person who runs a feed-import business;
9. The term "distributor" means a person, other than a manufacturer or importer, who runs a business selling feed.
 Article 3 (Formulation and Implementation of Feed Policy and Financial Assistance)
(1) The Minister of Agriculture, Food and Rural Affairs shall formulate and implement a feed policy necessary to adjust the supply and demand of feed, stabilize feed prices, upgrade the quality of feed, secure the safety of feed, and develop feed resources, etc. <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may formulate and implement a supply and demand plan for the production, exportation, importation, and supply of feed, if he/she considers it necessary for the stabilization of supply and demand of feed. <Amended on Mar. 23, 2013>
(3) The government may grant a subsidy or lend a financial fund, within budgetary limits, to a manufacturer or an organization established for the stabilization of supply and demand of feed and improvements in quality and approved by the Minister of Agriculture, Food and Rural Affairs (hereinafter referred to as "feed-related organization") for the formulation and implementation of the policy and the supply and demand plan under paragraphs (1) and (2). <Amended on Mar. 23, 2013>
 Article 4 (Exclusion from Application)
This Act shall not apply where a manufacturer produces feed specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs for export purposes. <Amended on Mar. 23, 2013>
CHAPTER II STABILIZATION OF SUPPLY AND DEMAND OF FEED
 Article 5 (Support for Stabilization of Supply and Demand of Feed)
The Minister of Agriculture, Food and Rural Affairs may, if he/she considers it necessary to stabilize the supply and demand of feed, provide feed-related organizations with support necessary for exporting, importing, or supplying feed. <Amended on Mar. 23, 2013>
 Article 6 (Recommendation for Importation of Feed)
(1) Any person shall, if he/she intends to import feed at the tariff concession rate applicable to the quota for market access on the schedule of concessions and commitments of the Republic of Korea under the Marrakesh Agreement Establishing the World Trade Organization, obtain recommendation therefor from the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may authorize the National Agricultural Cooperative Federation established pursuant to Article 121 of the Agricultural Cooperatives Act (including Nonghyup Agribusiness Group Inc.) or a feed-related organization to act as his/her agent in providing the recommendation service for importing feed under paragraph (1). In such cases, matters necessary for the items subject to recommendation, the recommendable quota on each item, the criteria for recommendation, etc. shall be prescribed by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 27, 2016>
 Article 7 (Prohibition against Sale of Feed for Unauthorized Purpose of Use)
(1) No one shall sell imported feed for any purpose other than raw materials for other feed, feed for animals, and the purpose of use specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs shall prescribe and publicly notify matters necessary for follow-up management, etc. of imported feed so as to prevent imported feed from being used for any purpose other than authorized purposes of use. <Amended on Mar. 23, 2013>
CHAPTER III QUALITY CONTROL OF FEED
 Article 8 (Registration of Manufacturing Business)
(1) Any person who intends to operate manufacturing business shall file for registration of business with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That registration may not be filed, where a person engaged in agricultural activities, grain processing or food manufacturing produces, sells, or supplies feed in an amount not exceeding that prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, using the by-products prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, which are generated in the course of such activities, processing or manufacturing (limited to by-products that constitute single-compound feed or supplementary feed). <Amended on Mar. 23, 2013; May 29, 2016>
(2) Any person who intends to file for registration of manufacturing business in accordance with the main sentence of paragraph (1) shall have manufacturing facilities meeting the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That the foregoing shall not apply where a manufacturer of animal drugs under Articles 31 and 85 of the Pharmaceutical Affairs Act, a manufacturer of food or food additives under Article 36 of the Food Sanitation Act, or a manufacturer of health functional food under Article 4 of the Health Functional Foods Act intends to file for registration of manufacturing business in order to produce and sell or supply feed with some of products the manufacturer has directly manufactured. <Amended on Feb. 6, 2009; Mar. 23, 2013; May 29, 2016>
(3) Where a person who has registered his/her manufacturing business in accordance with the main sentence of paragraph (1) with manufacturing facilities under the main sentence of paragraph (2) intends to change any of the manufacturing facilities specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, the person shall report such change to the competent Mayor/Do Governor. <Amended on Mar. 23, 2013; May 29, 2016>
(4) A Mayor/Do Governor in receipt of a report prescribed in paragraph (3) shall notify the reporting person of acceptance or non-acceptance of the report not later than ten days after the date of receipt of the report. <Newly Inserted on Dec. 31, 2018>
(5) Where a Mayor/Do Governor fails to notify a reporting person of acceptance or non-acceptance of a report or of the extension of the handling period prescribed by the statutes pertaining to civil petitions within the period prescribed in paragraph (4), he/she shall be considered to accept the report on the date following the date on which the period (in cases where the period of handling civil petitions is extended or re-extended pursuant to statutes pertaining to civil petitions, referring to the relevant period of handling) ends. <Newly Inserted on Dec. 31, 2018>
(6) Where a person who has registered his/her manufacturing business in accordance with the main sentence of paragraph (1) intends to suspend or close down the business or resume the business after suspension, the person shall report it to the competent Mayor/Do Governor as specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; May 29, 2016; Dec. 31, 2018>
 Article 9 (Succession to Manufacturing Business)
(1) If a manufacturer transfers his/her manufacturing business or dies, or if merger of corporations occurs, the transferee, the heir, or the surviving corporation after the merger or the corporation established as a consequence of the merger (hereinafter referred to as "transferee, etc.") shall succeed to the manufacturer's status.
(2) A person who acquires manufacturing facilities entirely through an auction under the Civil Execution Act, realization proceedings under the Debtor Rehabilitation and Bankruptcy Act, a sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, or any other similar proceedings shall succeed to the manufacturer's status. <Amended on Mar. 31, 2010; Dec. 27, 2016>
(3) A person who succeeds to the manufacturer's status pursuant to paragraph (1) or (2) shall report it to the competent Mayor/Do Governor within 30 days, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(4) Article 25 shall apply mutatis mutandis to a person who succeeds to the manufacturer's status pursuant to paragraphs (1) and (2).
 Article 10 (Feed Safety Managers)
(1) Any person who manufactures feed specified by Presidential Decree, such as trace minerals, shall employ a feed safety manager to manage the safety of feed.
(2) A feed safety manager under paragraph (1) shall guide and supervise persons engaged in the manufacture of feed to secure the quality control and safety of feed, and manage raw materials, products and facilities.
(3) Where a feed safety manager discovers a violation of this Act or an order issued or disposition made pursuant to this Act in the course of guidance, supervision, and management under paragraph (2), the feed safety manager shall notify the manufacturer of his/her discovery, requesting the manufacturer to correct such violation, and shall without delay report it to the competent Mayor/Do Governor. In such cases, the Mayor/Do Governor may order the manufacturer to take necessary measures after confirming whether the manufacturer has taken corrective measures.
(4) A manufacturer who employs a feed safety manager under paragraph (1) shall not interfere with the duties of the feed safety manager under paragraph (2) and shall comply with a request necessary to conduct the duties of the feed safety manager unless there is good cause. <Amended on Feb. 11, 2020>
(5) Where a feed safety manager becomes unable to conduct his/her duties temporarily due to traveling, illness or other causes, the manufacturer who employs the feed safety manager pursuant to paragraph (1) shall designate a proxy to vicariously conduct the duties of the feed safety manager, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Dec. 31, 2018>
(6) The qualifications, duties and quotas of feed safety managers, the period of vicariously conducting duties of feed safety managers and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 31, 2018>
 Article 11 (Manufacturing Process of Feed)
(1) The Minister of Agriculture, Food and Rural Affairs may, if he/she considers it necessary to ensure the quality of feed and secure the safety thereof, establish, amend, or abolish standards for methods of manufacturing, using, and storage of feed and specifications of ingredients of feed (hereinafter referred to as "manufacturing process of feed"). In such cases, the Minister of Agriculture, Food and Rural Affairs shall give public notice thereon. <Amended on Mar. 23, 2013>
(2) Feed with its manufacturing process of feed established shall be manufactured, used, and stored in compliance with the manufacturing process of feed.
(3) The public notice of the manufacturing process of feed under paragraph (1) shall be enforceable 30 days after the date of public notice, unless there is a compelling reason not to do so. <Amended on Feb. 11, 2020>
(4) Matters concerning the procedures and methods for the establishment, amendment, or abolition of the manufacturing process of feed shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 12 (Registration of Feed Ingredients and Cancellation of Registration)
(1) A manufacturer or importer shall register the types, ingredients, and contents of feed that he/she intends to manufacture or import, along with other matters specified by the Minister of Agriculture, Food and Rural Affairs, (hereinafter referred to as "registration of ingredients") with the competent Mayor/Do Governor: Provided, That the registration of ingredients may be waived for the feed specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs (excluding the feed manufactured by a person who does not file for registration of manufacturing business under the proviso to Article 8 (1). <Amended on Mar. 23, 2013; May 29, 2016>
(2) Each Mayor/Do Governor shall, upon receiving an application for registration of ingredients, examine whether the application conforms to the relevant manufacturing process of feed and shall, if found appropriate, without delay issue a feed ingredient registration certificate to the applicant.
(3) Each Mayor/Do Governor shall, if a manufacturer or importer falls under any of the following subparagraphs, cancel registration of ingredients. In such cases, the manufacturer or importer shall return the feed ingredient registration certificate to the Mayor/Do Governor:
1. If a manufacturer or importer obtains registration by fraud or other improper means;
2. If a manufacturer or importer fails to manufacture or import feed, of which he/she registers ingredients, for one year or more without good cause;
3. If the registration of the manufacturing business is cancelled.
 Article 13 (Labeling of Feed)
(1) A manufacturer or importer who intends to manufacture or import feed shall put labels on containers or packages, indicating the fact that ingredients are registered, precautions for use, and other matters specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(2) No manufacturer or importer shall make a false representation or exaggeration in labeling under paragraph (1).
 Article 13-2 (Labelling of Genetically Modified Agricultural, Fishery and Livestock Products)
(1) A manufacturer or an importer shall attach to the packing materials and containers of feed containing novel combinations of genetic materials through the use of the following modern biotechnology, and manufactured or processed by using organisms of which importation is approved pursuant to Article 8 of the Transboundary Movement of Living Modified Organisms Act (hereinafter referred to as "importation-approved genetically modified organism") a label saying that the feed uses importation-approved genetically modified organisms as raw materials:
1. Technology re-compounding genes or directly injecting nucleic acids that are components of genes into cells or intracellular organelles artificially;
2. Cell fusion technology surpassing the family rank according to taxology.
(2) Matters necessary for persons obliged to attach a label, objects of labelling, labelling methods, etc. prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 14 (Prohibition against Manufacturing, Import, Sale, and Use)
(1) No manufacturer, importer, or distributor shall manufacture, import, or sell feed that falls under any of the following subparagraphs or use it as raw material of feed: <Amended on Mar. 23, 2013; Feb. 11, 2020>
1. Feed that contains a toxic substance harmful to human bodies or animals or a persistent residue of such toxic substance beyond permissible limits;
2. Feed that contains a residue of animal medicine beyond permissible limits;
3. Feed contaminated by pathogens that cause a disease to human bodies or animals or considerably decomposed or deteriorated and thus unsuitable for use as feed;
4. Feed specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs as one which undermines the viability of livestock production by hindering animals from maintaining their health or growing, other than those specified in subparagraphs 1 through 3;
5. Feed manufactured or imported without filing for registration of ingredients;
6. Feed imported without filing an import declaration under Article 19 (1);
7. By-products of animals and food leftovers, specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs as those banned from being used as feed because such by-products and leftovers are likely to be a cause of such a disease of human bodies and animals specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs.
(2) No one shall use feed specified in paragraph (1) 7 as feed for animals.
(3) The scope of toxic substances and animal medicines under paragraph (1) 1 and 2 and permissible standards therefor shall be prescribed and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 15 (Restriction on Contents and Mixture of Feed)
(1) The Minister of Agriculture, Food and Rural Affairs may place a restriction on contents of specific ingredients of feed to maintain the quality of feed and prevent environmental pollution. <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may, if various kinds of feed are mixed, place a restriction on mixture of substances or feed that might degrade the quality of the relevant feed or make the relevant feed unidentifiable. <Amended on Mar. 23, 2013>
(3) Specific ingredients, contents of which may be restricted pursuant to paragraph (1), and the criteria for such restriction, and substances and feed, the mixture of which may be restricted pursuant to paragraph (2), and the criteria for such restriction shall be prescribed and publicly notified by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 16 (Standards for Intensive Control of Hazardous Elements)
(1) The Minister of Agriculture, Food and Rural Affairs may prescribe and publicly notify procedures for the management of manufacturing facilities and process for each type of feed or standards for the intensive control of hazardous elements in each process (hereinafter referred to as "standards for intensive control of hazardous elements") in conformity with standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs in order to prevent hazardous substances from mixing with feed or to protect feed from being contaminated by such hazardous substances in the course of the management of raw materials and manufacturing and distribution of feed. <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may, when he/she establishes standards for the intensive control of hazardous elements, require manufacturers of such feed to comply with the standards, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) The Minister of Agriculture, Food and Rural Affairs may designate feed factories of a manufacturer who is willing to comply with standards for the intensive control of hazardous elements, among manufacturers, as feed factories conforming to standards for the intensive control of hazardous elements. <Amended on Mar. 23, 2013>
(4) The Minister of Agriculture, Food and Rural Affairs shall issue a document certifying designation to the manufacturer whose feed factory is designated as one conforming to standards for the intensive control of hazardous elements pursuant to paragraph (3), as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(5) The Minister of Agriculture, Food and Rural Affairs may provide manufacturers (including their employees) who desire to obtain or obtained designation as feed factories conforming to standards for the intensive control of hazardous elements with technology and information necessary for the intensive control of hazardous elements or conduct educational and training programs for them for the efficient enforcement of standards for the intensive control of hazardous elements. <Amended on Mar. 23, 2013>
(6) The Minister of Agriculture, Food and Rural Affairs may entrust an institution specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs with the conduct of educational and training programs under paragraph (5). <Amended on Mar. 23, 2013>
(7) The Minister of Agriculture, Food and Rural Affairs may, if a feed factory conforming to standards for the intensive control of hazardous elements falls under any of the following subparagraphs, cancel the designation or order it to take corrective measures, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That if it falls under subparagraph 1 or 4, the designation shall be cancelled: <Amended on Mar. 23, 2013>
1. If a feed factory obtains the designation by fraud or other improper means;
2. If a feed factory fails to comply with an order of correction without good cause;
3. If a feed factory fails to comply with standards for the intensive control of hazardous elements;
4. If a feed factory falling under Article 25 (1) 8, 9, 12 through 14, 16, 18, or 19 is ordered to suspend its business completely for two months or more;
5. If any event specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs occurs among events similar to those under subparagraphs 2 and 3.
(8) No manufacturer shall use the title "feed factory conforming to standards for the intensive control of hazardous elements," if he/she fails to have his/her feed factory designated as one so conforming to standards for the intensive control of hazardous elements under paragraph (3).
(9) The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may provide manufacturers whose feed factories are designated as those conforming to standards for the intensive control of hazardous elements with preferential support, such as loans for the improvement of manufacturing facilities. <Amended on Mar. 23, 2013>
(10) Each feed factory conforming to standards for the intensive control of hazardous elements shall undergo examinations on whether it complies with standards for the intensive control of hazardous elements, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(11) Matters necessary for the qualification requirements and the procedure for the designation of a feed factory conforming to standards for the intensive control of hazardous elements under paragraph (3), details of educational and training programs under paragraph (5), and the method and procedure for examinations under paragraph (10) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 17 (Support of Institution Responsible for Feed Factories' Intensive Control of Hazardous Elements)
(1) The Minister of Agriculture, Food and Rural Affairs may designate an institution to take charge of feed factories' intensive control of hazardous elements and subsidize expenses incurred in its operation in order to efficiently carry out business affairs, such as the establishment of standards for the intensive control of hazardous elements and the enforcement of the standards to feed factories. <Amended on Mar. 23, 2013>
(2) Matters necessary for the standards for the designation of the institution responsible for feed factories' intensive control of hazardous elements under paragraph (1) and the enforcement of the standards shall be prescribed by Presidential Decree.
 Article 18 (Preparation and Distribution of Feed Processing Manual)
The Minister of Agriculture, Food and Rural Affairs shall prepare and distribute a feed processing manual that includes matters related to the manufacturing process of feed, the labeling of feed under Article 13 (1), and restrictions on contents and mixture of feed under Article 15. <Amended on Mar. 23, 2013>
CHAPTER IV FEED INSPECTION
 Article 19 (Report on Import of Feed)
(1) Where a feed importer intends to import feed specified and publicly notified by the Minister of Agriculture, Food and Rural Affairs, the feed importer shall submit a report on such import to the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(2) Where a good cause specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs exists, such as securing the safety of feed and stabilizing supply and demand of feed, the Minister of Agriculture, Food and Rural Affairs shall assign competent public officials to inspect the feed reported under paragraph (1) for certification, before the completion of customs clearance. <Amended on Mar. 23, 2013>
(3) Where an importer submits a report under paragraph (1) along with an inspection certificate issued by a feed testing and inspection institution designated pursuant to Article 20-2 (1) (hereinafter referred to as "feed testing and inspection institution") or a feed testing institution under Article 22, the importer may be deemed to have passed the inspection under paragraph (2) or may undergo the inspection with inspection items adjusted, as specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 31, 2018; Feb. 11, 2020>
(4) The Minister of Agriculture, Food and Rural Affairs in receipt of a report prescribed in paragraph (1) shall review the details of the report and accept the report if it is in compliance with this Act. <Newly Inserted on Dec. 31, 2018>
(5) Matters necessary for the items and method of, and the procedure for, inspections under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 31, 2018>
 Article 20 (Quality Self-Inspection)
(1) Each manufacturer or importer shall have facilities specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs and inspect the feed he or she has manufactured or imported for the following matters to control the quality of the feed and to ensure the safety of the feed. In such cases, a manufacturer or importer may install such facilities jointly with another manufacturer or importer: <Amended on Mar. 23, 2013>
1. Whether the feed conforms to the manufacturing process of feed;
2. Whether any discrepancy exists between actual and registered ingredients;
3. Whether the feed falls under any provision of Article 14 (1) 1 through 4.
(2) Where a manufacturer or importer intends to conduct an inspection prescribed in paragraph (1), he/she may request a feed testing and inspection institution to conduct the inspection for certification. <Amended on Mar. 23, 2013; Dec. 31, 2018>
(3) Where a feed testing and inspection institution conducts an inspection for certification pursuant to paragraph (2), it shall issue a feed inspection certificate to the manufacturer or importer, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 31, 2018>
(4) A manufacturer or importer who conducts a quality self-inspection pursuant to paragraph (1) shall preserve records of the quality inspection for two years.
(5) Matters necessary for standards and procedures for inspections prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Dec. 31, 2018>
 Article 20-2 (Designation of Feed Testing and Inspection Institutions)
(1) The Minister of Agriculture, Food and Rural Affairs may designate institutions capable of inspecting, etc. feed prescribed in Article 20 (1) as feed testing and inspection institutions.
(2) A person who intends to be designated as a feed testing and inspection institution shall file an application with the Minister of Agriculture, Food and Rural Affairs, complying with the designation standards the Minister of Agriculture, Food and Rural Affairs determines for facilities, manpower, etc. necessary for the inspection, etc. of feed.
(3) Where the Minister of Agriculture, Food and Rural Affairs designates a feed testing and inspection institution pursuant to paragraph (1), he/she shall publish such fact in the website of the Ministry of Agriculture, Food and Rural Affairs.
(4) The validity of the designation of feed testing and inspection institutions shall be three years from the date of designation. In such cases, any feed testing and inspection institution that intends to continue to conduct the inspection, etc. of feed even after the validity of designation expires shall file an application for re-designation not later than two months before the expiration of the validity of designation.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for procedures for designating feed testing and inspection institutions, procedures for changing designated matters, and others necessary for designating feed testing and inspection institutions shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 20-3 (Cancellation of Designation of Feed Testing and Inspection Institutions)
(1) Where a feed testing and inspection institution falls into any of the following cases, the Minister of Agriculture, Food and Rural Affairs may cancel the designation, or order the suspension of business or correction by fixing a period of up to six months: Provided, That where falling under subparagraph 1, the designation shall be canceled:
1. Where a feed testing and inspection institution obtains designation by false or other unjust methods;
2. Where a feed testing and inspection institution issues a feed inspection certificate stating false facts by intention or by gross negligence;
3. Where a feed testing and inspection institution conducts business prescribed in Article 20 (2) during the period of suspension of business;
4. Where a feed testing and inspection institution fails to comply with the designation standards prescribed in Article 20-2 (2).
(2) A feed testing and inspection institution whose designation is cancelled pursuant to paragraph (1) shall not be re-designated as a feed testing and inspection institution for two years from the date on which the designation is cancelled.
(3) Where the Minister of Agriculture, Food and Rural Affairs cancels the designation of a feed testing and inspection institution pursuant to paragraph (1), he/she shall publish such fact in the website of the Ministry of Agriculture, Food and Rural Affairs.
(4) Detailed standards for the cancellation of designation, and orders for the suspension of business and correction in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 21 (Feed Inspection)
(1) The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may conduct an inspection on feed, if he/she considers it necessary to secure the safety of feed and control the quality of feed or if he/she is requested by a consumer of feed to conduct an inspection on the matters under the subparagraphs of Article 20 (1). <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may, when he/she conducts a feed inspection pursuant to paragraph (1), assign a competent public official or a person designated by the Minister of Agriculture, Food and Rural Affairs (hereinafter referred to as "feed inspector") to inspect the feed manufactured, imported, or sold by a manufacturer, an importer, or a distributor, or to collect feed, as sample free of charge, in the minimum quantity necessary for the inspection, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) Matters necessary for the qualification and the scope of duties of feed inspectors shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 22 (Designation of Feed Testing Institutions)
(1) The Minister of Agriculture, Food and Rural Affairs may designate an institution fully equipped with the following facilities as a feed testing institution to authorize the institution to test feed collected pursuant to Article 21: <Amended on Mar. 23, 2013>
1. Facilities for analyzing general coarse ingredients;
2. Facilities for microscopic examinations on feed;
3. Facilities for analyzing hazardous substances;
4. Facilities for analyzing calories, amino acids, vitamins, and minerals;
5. Facilities for testing or determining whether a microorganism, a poisonous substance, or improper matter is included;
6. Facilities for analyzing organic acids, enzymes, etc.;
7. Facilities for analyzing persistent agricultural chemicals and animal medicines.
(2) Matters necessary for the method of designating a feed testing institution and the method of testing feed under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) The Minister of Agriculture, Food and Rural Affairs may, if a feed testing institution designated pursuant to paragraph (1) falls under any of the following subparagraphs, cancel the designation or order it to suspect the testing business or take corrective measures therefor within a given period not exceeding six months: Provided, That if the institution falls under subparagraph 1 or 2, the designation shall be cancelled: <Amended on Mar. 23, 2013>
1. If it obtains the designation by fraud or other improper means;
2. If it continues the testing business during the suspension period of the testing business;
3. If it fails to meet the requirements for the designation under paragraph (1);
4. If it fails to comply with an order of correction;
5. If it tests feed in violation of the method of testing feed under paragraph (2).
 Article 23 (Reinspection of Feed)
(1) The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor shall, if it is found as a result of an inspection on feed under Article 21 that the feed is in violation of the manufacturing process of feed or falls under any subparagraph of Article 24, notify the manufacturer or importer of the results of the inspection. <Amended on Mar. 23, 2013>
(2) A manufacturer or importer may, if he/she has an objection to the results of an inspection upon receiving a notice under paragraph (1), request the Minister of Agriculture, Food and Rural Affairs or the competent Mayor/Do Governor to conduct a reinspection, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
(3) The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor shall, upon receiving a request for reinspection under paragraph (2), make a decision on whether to conduct the reinspection as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall notify the results thereof to the manufacturer or importer. <Amended on Mar. 23, 2013>
(4) The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor shall, if he/she has decided to reinspect the feed in question pursuant to paragraph (3), without delay ask the feed testing institution under Article 22 to conduct the re-testing and then shall notify the manufacturer or importer of the results thereof. In such cases, fees and charges for the re-testing and a bonded warehouse and expenses incurred in reinspection shall be borne by the manufacturer or importer who requested the reinspection. <Amended on Mar. 23, 2013>
 Article 24 (Scrapping and Other Countermeasures)
The Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may, if it is found, as a result of an inspection on feed under Article 21 or a reinspection on feed under Article 23, that the feed falls under any of the following subparagraphs, assign a competent public official to take measures necessary for imposing a ban on manufacturing, importing, selling, or supplying the feed or may order the manufacturer, importer, or distributor of the feed to recover or scrap the feed or to take other measures necessary for eliminating hazards in the quality and safety of the feed in compliance with the purpose of use and the processing method prescribed by the Minister of Agriculture, Food and Rural Affairs or the Mayor/Do Governor: <Amended on Mar. 23, 2013>
1. If there is a discrepancy between ingredients of the feed in question and the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;
2. If the feed in question falls under any subparagraph of Article 14 (1).
 Article 25 (Cancellation of Registration of Manufacturing Business)
(1) Each Mayor/Do Governor may, if a manufacturer or importer falls under any of the following subparagraphs, cancel the registration or order him/her to suspend the business completely or partially for a given period not exceeding six months: Provided, That if a manufacturer or importer falls under subparagraph 1 or 2, the registration shall be cancelled: <Amended on Mar. 23, 2013>
1. If he/she registers the business by fraud or other improper means;
2. If he/she continues business in violation of a business suspension order;
3. If he/she sells feed imported in violation of Article 7 (1);
4. If he/she ceases to satisfy standards for the registration under Article 8 (2);
5. If he/she alters a manufacturing facility without reporting it, in violation of Article 8 (3);
6. If he/she fails to employ a feed safety manager, in violation of Article 10 (1);
7. If he/she interferes with a feed safety manager's work, in violation of Article 10 (4), or fails to comply with a request of a feed safety manager without good cause;
8. If he/she fails to follow the manufacturing process of feed in manufacturing, using, or storing the feed, in violation of Article 11 (2);
9. If he/she manufactures or imports feed without filing for registration of ingredients, in violation of Article 12 (1);
10. If he/she sells feed manufactured or imported without mandatory labeling, in violation of Article 13 (1);
11. If he/she makes a false or exaggerated representation in labeling, in violation of Article 13 (2);
12. If he/she manufactures, imports, or sells feed that falls under any subparagraph of Article 14 (1) or uses such feed as a raw material for feed;
13. A person who violates a restriction on contents of specific ingredients under Article 15 (1);
14. A person who violates a restriction on mixture of substances or feed under Article 15 (2);
15. If he/she imports feed without reporting it in violation of Article 19 (1);
16. If he/she undergoes neither an inspection under Article 20 (1) nor a test under paragraph (2) of the same Article;
17. If he/she fails to preserve records of inspections prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs pursuant to Article 20 (4);
18. If he/she fails to comply with an order to take measures under Article 24;
19. If he/she fails to comply with an order to take measures under Article 27 (3).
(2) Matters necessary for the criteria and procedure for the administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>
 Article 26 (Disposition of Penalty Surcharge)
(1) Each Mayor/Do Governor may, if a manufacturer or importer falls under any provision of Article 25 (1) 3 through 19, impose a penalty surcharge not exceeding 10 million won in lieu of the disposition of suspending his/her business: Provided, That the foregoing shall not apply where a person violates Article 14 (1) 1 at least three times or violates subparagraph 3 or 7 of the same paragraph, and thus falls under Article 25 (1) 12. <Amended on Feb. 11, 2020>
(2) The amount of a penalty surcharge that may be imposed depending upon the type and degree of each violation subject to the imposition of a penalty surcharge under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3) Each Mayor/Do Governor shall, if a person who is obligated to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, collect it under the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended on Aug. 6, 2013; Mar. 24, 2020>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 27 (Supervision)
(1) Where deemed necessary to adjust the supply and demand of feed and control the quality of feed, the Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may require a manufacturer, an importer or any other interested party to submit a report as necessary or assign competent public officials to enter an office, factory, warehouse of a manufacturer, importer, distributor, feed testing and inspection institution or feed testing institution to inspect books, documents, feed and other articles. <Amended on Mar. 23, 2013; Dec. 31, 2018>
(2) Where deemed necessary to prevent feed under Article 14 (1) 7 from being fed to animals, the Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may assign competent public officials to enter a farmhouse or a similar place to inspect such feed. <Amended on Mar. 23, 2013>
(3) Where deemed necessary as a result of the inspection conducted pursuant to paragraphs (1) and (2), the Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor may order a manufacturer, an importer, a feed testing and inspection institution, a feed testing institution, or a farmhouse to improve or upgrade facilities, machines or equipment or take other measures specified by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 31, 2018>
 Article 27-2 (Construction and Operation of Feed Management Information System)
(1) The Minister of Agriculture, Food and Rural Affairs may construct and operate an information system to efficiently conduct business concerning the stable supply, quality control and safety of feed (hereinafter referred to as "feed management information system").
(2) The Minister of Agriculture, Food and Rural Affairs may, if necessary to construct and operate the feed management information system, request Mayors/Do Governors, the NongHyup Agribusiness Group prescribed by the Agricultural Cooperatives Act, feed-related organizations and manufacturers, etc. to input or submit necessary data. In such cases, any person who receives such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Feb. 11, 2020>
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for constructing and operating the feed management information system shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 28 (Fees)
(1) A person who falls under any of the following subparagraphs shall pay fees prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; May 29, 2016>
1. A person who registers a manufacturing business in accordance with the main sentence of Article 8 (1);
2. A person who registers ingredients in accordance with Article 12 (1);
3. A person who obtains designation under Article 16 (3);
4. A person who attends an educational or training program under Article 16 (5);
5. A person who undergoes an examination under Article 16 (10).
(2) A person who falls under any of the following subparagraphs shall pay an inspection fee, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013>
1. A person who requests an inspection of feed in accordance with Article 20 (2);
2. A person who requests an inspection of feed in accordance with Article 21 (1);
3. A person who requests a reinspection of feed in accordance with Article 23 (2).
 Article 29 (Production of Identification Certificates)
A person who carries out a test, an inspection, scrapping, or other measure under Article 19 (2), 21 (2), 24, or 27 (1) and (2) shall carry with him/her an identification certificate and shall produce it to the people concerned.
 Article 30 (Hearings)
(1) Where the Minister of Agriculture, Food and Rural Affairs intends to cancel the designation of a feed testing and inspection institution pursuant to Article 20-3 (1), he/she shall hold a hearing. <Newly Inserted on Dec. 31, 2018>
(2) Where a Mayor/Do Governor intends to cancel the registration of a manufacturer pursuant to Article 25, he/she shall hold a hearing. <Amended on Dec. 31, 2018>
 Article 31 (Delegation and Entrustment of Authority)
(1) The Minister of Agriculture, Food and Rural Affairs may delegate part of his/her authority under this Act to the heads of affiliated agencies under his/her control or each Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) The Minister of Agriculture, Food and Rural Affairs may entrust a feed-related organization with work for receiving feed-import declarations and testing feed under Article 19, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(3) Each Mayor/Do Governor may entrust a feed-related organization with work for the registration of ingredients under Article 12 (1), as prescribed by Presidential Decree.
 Article 32 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
An executive officer or employee of a feed testing and inspection institution who engages in inspecting feed for certification, an executive officer or employee of a feed testing institution who engages in testing feed pursuant to Article 22, or an executive or employee of a feed-related organization who engages in work entrusted pursuant to Article 31 (2) and (3), shall be deemed as a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended on Dec. 31, 2018>
CHAPTER VI?PENALTY PROVISIONS
 Article 33 (Penalty Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 3, 2015>
1. A person who manufactures, imports, or sells feed or uses it as a raw material for feed in violation of Article 14 (1);
2. A person who uses feed in violation of Article 14 (2).
 Article 34 (Penalty Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Aug. 3, 2015; May 29, 2016>
1. A person who sells imported feed, in violation of Article 7 (1);
2. A person who engages in a manufacturing business without filing for registration in violation of the main sentence of Article 8 (1) or registers a manufacturing business by fraud or other improper means;
3. A person who fails to employ a feed safety manager, in violation of Article 10 (1);
4. A person who interferes with a feed safety manager's performance of duties or fails to comply with a feed safety manager's request without good cause, in violation of Article 10 (4);
5. A person who fails to follow the manufacturing process of feed in violation of Article 11 (2) in manufacturing, using, or storing feed;
6. A person who manufactures or imports feed without filing for registration of ingredients in violation of Article 12 (1) or who files for registration of ingredients by fraud or other improper means;
7. A person who sells feed manufactured or imported without mandatory labeling, in violation of Article 13 (1);
8. A person who makes a false representation or an exaggeration in mandatory labeling, in violation of Article 13 (2);
9. A person who violates a restriction on contents of specific ingredients under Article 15 (1);
10. A person who violates a restriction on mixture of substances or feed under Article 15 (2);
11. A person who imports feed without filing a declaration in violation of Article 19 (1);
12. A person who fails to undergo an inspection under Article 20 (1) nor undergoes a test under paragraph (2) of the same Article;
13. A person who fails to comply with a order to take measures under Article 24;
14. A person who continues business, in violation of a business suspension order under Article 25;
15. A person who fails to comply with an order to take measures under Article 27 (3).
 Article 35 (Joint Penalty Provisions)
(1) If the representative, an agent, an employee, or a servant of a juristic person commits a violation under Article 33 or 34 in connection with the business of the juristic person, not only shall such offender be punished accordingly, but the juristic person shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person has not neglected to pay due attention and supervision concerning the business to prevent such violation.
(2) If an agent, an employee, or a servant of an individual commits a violation under Article 33 or 34 in connection with the business of the individual, not only shall such offender be punished accordingly, but the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the individual has not neglected to pay due attention and supervision concerning the business to prevent such violation.
 Article 36 (Administrative Fines)
(1) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won: <Amended on Dec. 31, 2018>
1. A person who fails to request a manufacturer to take corrective measures or who fails to submit a report thereon to the competent Mayor/Do Governor in violation of the former part of Article 10 (3);
1-2. A person who fails to designate a proxy in violation of Article 10 (5);
2. A person who uses the title "feed factory conforming to standards for intensive control of hazardous elements" in violation of Article 16 (8);
3. A person who rejects, interferes with, or evades an inspection of feed under Article 21 (2);
4. A person who fails to report under Article 27 (1) or rejects, interferes with, or evades an inspection.
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs or each Mayor/Do Governor (hereinafter referred to as the "imposing authority"), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(3) Deleted. <Dec. 31, 2018>
(4) Deleted. <Dec. 31, 2018>
(5) Deleted. <Dec. 31, 2018>
ADDENDA <Act No. 8931, Mar. 21, 2008>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) Omitted.
(3) (Relationships with other Statutes) A citation of a provision of the former "Control of Livestock and Fish Feed Act" by any other statute in force as at the time this Act enters into force shall be deemed a citation of the corresponding provision of this Act, if such a corresponding provision exists in this Act.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13136, Feb. 3, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14211, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14481, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 16123, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of the following subparagraphs shall enter into force on the dates shown below:
1. The amended provisions of Article 8 (4) through (6): On the date one month after promulgation;
2. The amended provisions of Articles 19 (4) and (5) and 36 (3) through (5): On the date of promulgation.
Article 2 (Applicability to Reports for Change, etc. of Manufacturing Facilities of Persons Who have Registered Manufacturing Business)
The amended provisions of Article 8 (4) and (5) shall apply, starting from reports for changing manufacturing facilities filed after the amended provisions enter into force.
Article 3 (Transitional Measures concerning Authorized Feed Testing Institutions)
The authorized feed testing institutions that have obtained recognition from the Minister of Agriculture, Food and Rural Affairs pursuant to former Article 20 (2) as at the time this Act enters into force shall be considered to be designated as feed testing and inspection institutions pursuant to the amended provisions of Article 20-2 (1) until the validity thereof expires.
ADDENDUM <Act No. 16981, Feb. 11, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.