FOOD INDUSTRY PROMOTION ACT
Act No. 8796, Dec. 27, 2007
Amended by Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9432, Feb. 6, 2009
Act No. 9663, May 8, 2009
Act No. 9717, May 27, 2009
Act No. 9759, jun. 9, 2009
Act No. 9951, Jan. 25, 2010
Act No. 10220, Mar. 31, 2010
Act No. 10310, May 25, 2010
Act No. 10331, May 31, 2010
Act No. 10453, Mar. 9, 2011
Act No. 10599, Apr. 14, 2011
Act No. 10889, Jul. 21, 2011
Act No. 11079, Nov. 14, 2011
Act No. 11459, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11989, Jul. 30, 2013
Act No. 12248, Jan. 14, 2014
Act No. 13257, Mar. 27, 2015
Act No. 13359, jun. 22, 2015
Act No. 13466, Aug. 11, 2015
Act No. 14302, Dec. 2, 2016
Act No. 15068, Nov. 28, 2017
Act No. 16125, Dec. 31, 2018
Act No. 16283, Jan. 15, 2019
Act No. 16551, Aug. 27, 2019
Act No. 16553, Aug. 27, 2019
Act No. 16568, Aug. 27, 2019
Act No. 16902, Jan. 29, 2020
Act No. 16985, Feb. 11, 2020
Act No. 17037, Feb. 18, 2020
Act No. 17275, May 19, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to improving citizens' quality of life and developing the national economy by promoting the sound development of the food industry through reinforcement of the link between the food industry and the agriculture and fisheries industries, and providing a variety of quality food in a stable manner by enhancing the competitiveness of the food industry. <Amended on Mar. 9, 2011>
The purpose of this Act is to contribute to improving citizens' quality of life and developing the national economy by promoting the sound development of the food industry through reinforcement of the link between the food industry and agriculture, and providing a variety of quality food in a stable manner by enhancing the competitiveness of the food industry. <Amended on Mar. 9, 2011; Feb. 18, 2020>
[Enforcement Date: Feb. 19, 2021] Article 1
The terms used in this Act are defined as follows: <Amended on May 27, 2009; Jan. 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Jun. 1, 2015; Jun. 22, 2015; Dec. 31, 2018>
| 3. | The term "food business operator" means a person engaged in the food industry; |
| 4. | The term "traditional food" means food with unique taste, flavor, and color of traditional Korean cuisine, which is produced, processed, and cooked according to the Korean traditional recipes using Korean agricultural and fishery products as main raw materials or ingredients; |
| 5. | The term “Korean food master” means a person designated under Article 14 (1), among those who have been engaged in fields, such as food production, processing, and cooking, for a long time to succeed to and develop Korean food; |
| 6. | The term "national food cluster" means a complex formed by the State by clustering enterprises, research institutes, universities, and business supporting facilities related to the food industry in a specific region to generate a synergy through mutual inter-connectedness; |
| 7. | The term “certification of quality food, etc.” means the industrial standards certification of food provided for in Article 20 (1), the quality certification of traditional food provided for in Article 22 (1), and the origin certification for processed food, restaurants, etc. provided for in Article 22-2 (1). |
The terms used in this Act are defined as follows: <Amended on May 27, 2009; Jan. 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Jun. 1, 2012; Jun. 22, 2015; Dec. 31, 2018; Feb. 18, 2020>
| 3. | The term "food business operator" means a person engaged in the food industry; |
| 4. | The term "traditional food" means food with unique taste, flavor, and color of traditional Korean cuisine, which is produced, processed, and cooked according to the Korean traditional recipes using Korean agricultural and fishery products as main raw materials or ingredients; |
| 5. | The term “Korean food master” means a person designated under Article 14 (1), among those who have been engaged in fields, such as food production, processing, and cooking, for a long time to succeed to and develop Korean food; |
| 6. | The term "national food cluster" means a complex formed by the State by clustering enterprises, research institutes, universities, and business supporting facilities related to the food industry in a specific region to generate a synergy through mutual inter-connectedness; |
| 7. | The term “certification of quality food, etc.” means the industrial standards certification of food provided for in Article 20 (1), the quality certification of traditional food provided for in Article 22 (1), and the origin certification for processed food, restaurants, etc. provided for in Article 22-2 (1). |
[Enforcement Date: Feb. 19, 2021] Article 2
| Article 3 (Duties of State and Local Governments) |
The State and local governments shall establish and implement polices necessary to reinforce the link between the food industry and the agricultural and fisheries industries and to promote the sound development of the food industry, and shall take legislative and fiscal measures necessary to implement such policies.<Amended on Mar. 9, 2011; Jul. 21, 2011; Feb. 11, 2020>
| Article 3 (Duties of State and Local Governments) |
The State and local governments shall establish and implement polices necessary to reinforce the link between the food industry and agriculture and to promote the sound development of the food industry, and shall take legislative and fiscal measures necessary to implement such policies.<Amended on Mar. 9, 2011; Jul. 21, 2011; Feb. 11, 2020; Feb. 18, 2020>
[Enforcement Date: Feb. 19, 2021] Article 3
| Article 4 (Formulation of Master Plans to Promote Food Industry) |
| (1) | In order to promote the food industry and to increase competitiveness thereof, the Minister of Agriculture, Food and Rural Affairs shall formulate and implement a master plan concerning promotion, etc. of the food industry (hereinafter referred to as "master plan") every five years through consultation with the heads of relevant central administrative agencies. <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018> |
| (2) | A master plan shall include the following: <Amended on Jan. 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Dec. 31, 2018> |
| 1. | Basic direction-setting for promoting the food industry; |
| 2. | Matters for reinforcing the link between the food industry and agricultural and fisheries industries; |
| 3. | Matters for fostering the food service industry; |
| 3-2. | Matters for developing, distributing, and globalizing traditional food; |
| 3-3. | Matters for developing food whose functionality has been verified and fostering related industries; |
| 4. | Matters for improving the quality of food, supply and demand for food, and the certification system; |
| 5. | Matters for developing, disseminating, etc. of technology related to the food industry; |
| 6. | Matters for nurturing specialists in the food industry, statistics and informatization thereof; |
| 7. | Matters for promoting consumption of quality food materials; |
| 8. | Matters for providing consumer with information about food quality, etc., and consumer protection; |
| 8-2. | Matters concerning national food clusters; |
| 9. | Other matters necessary for promoting the food industry. |
| (3) | The Minister of Agriculture, Food and Rural Affairs shall formulate and implement an annual implementation plan based on a master plan (hereinafter referred to as “implementation plan”) through consultation with the heads of relevant central administrative agencies, and endeavor to secure financial resources necessary therefor. <Newly Inserted on Dec. 31, 2018> |
| (4) | Where the Minister of Agriculture, Food and Rural Affairs has formulated a master plan and an implementation plan, he or she shall notify it to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and submit them to the competent standing committee of the National Assembly. <Newly Inserted on Dec. 31, 2018> |
| (5) | Where the Minister of Agriculture, Food and Rural Affairs has formulated a master plan and an implementation plan, he or she shall publicly announce them as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Dec. 31, 2018> |
| (6) | Where it is necessary to formulate a master plan or an implementation plan, the Minister of Agriculture, Food and Rural Affairs may request the heads of relevant central administrative agencies or a Mayor/Do Governor to submit relevant data. In such cases, the heads of relevant central administrative agencies or the Mayor/Do Governor requested to submit data shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted on Dec. 31, 2018> |
| (7) | Other matters necessary for formulating a master plan or an implementation plan, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018> |
| Article 4 (Formulation of Master Plans to Promote Food Industry) |
| (1) | In order to promote the food industry and to increase competitiveness thereof, the Minister of Agriculture, Food and Rural Affairs shall formulate and implement a master plan concerning promotion, etc. of the food industry (hereinafter referred to as "master plan") every five years through consultation with the heads of relevant central administrative agencies. <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018> |
| (2) | A master plan shall include the following: <Amended on Jan. 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Dec. 31, 2018; Feb. 18, 2020> |
| 1. | Basic direction-setting for promoting the food industry; |
| 2. | Matters for reinforcing the link between the food industry and agriculture; |
| 3. | Matters for fostering the food service industry; |
| 3-2. | Matters for developing, distributing, and globalizing traditional food; |
| 3-3. | Matters for developing food whose functionality has been verified and fostering related industries; |
| 4. | Matters for improving the quality of food, supply and demand for food, and the certification system; |
| 5. | Matters for developing, disseminating, etc. of technology related to the food industry; |
| 6. | Matters for nurturing specialists in the food industry, statistics and informatization thereof; |
| 7. | Matters for promoting consumption of quality food materials; |
| 8. | Matters for providing consumer with information about food quality, etc., and consumer protection; |
| 8-2. | Matters concerning national food clusters; |
| 9. | Other matters necessary for promoting the food industry. |
| (3) | The Minister of Agriculture, Food and Rural Affairs shall formulate and implement an annual implementation plan based on a master plan (hereinafter referred to as “implementation plan”) through consultation with the heads of relevant central administrative agencies, and endeavor to secure financial resources necessary therefor. <Newly Inserted on Dec. 31, 2018> |
| (4) | Where the Minister of Agriculture, Food and Rural Affairs has formulated a master plan and an implementation plan, he or she shall notify it to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and submit them to the competent standing committee of the National Assembly. <Newly Inserted on Dec. 31, 2018> |
| (5) | Where the Minister of Agriculture, Food and Rural Affairs has formulated a master plan and an implementation plan, he or she shall publicly announce them as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Dec. 31, 2018> |
| (6) | Where it is necessary to formulate a master plan or an implementation plan, the Minister of Agriculture, Food and Rural Affairs may request the heads of relevant central administrative agencies or a Mayor/Do Governor to submit relevant data. In such cases, the heads of relevant central administrative agencies or the Mayor/Do Governor requested to submit data shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted on Dec. 31, 2018> |
| (7) | Other matters necessary for formulating a master plan or an implementation plan, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018> |
[Enforcement Date: Feb. 19, 2021] Article 4
| Article 5 (Establishment of Food Industry Promotion Council) |
| (1) | A Food Industry Promotion Council (hereinafter referred to as the "Council") shall be established under the jurisdiction of the Minister of Agriculture, Food and Rural Affairs to deliberate on matters concerning promotion, etc. of the food industry. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (2) | The Council shall deliberate on the following matters: <Amended on Jan. 25, 2010; Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Aug. 11, 2015; Dec. 31, 2018> |
| 1. | Formulation of a master plan; |
| 2. | Matters concerning the industrial standards certification of food; |
| 3. | Matters concerning the designation of items for traditional food, establishment or amendments of standards therefor; |
| 4. | Matters concerning the designation of Korean food masters and revocation thereof; |
| 5. | Matters concerning the quality certification of traditional food; |
| 5-2. | Matters concerning the origin certification for processed food, restaurants, etc.; |
| 6. | Matters concerning the formulation of comprehensive plans for national food clusters under Article 12 (1); |
| 7. | Matters concerning the fostering of the food service industry, and promotion of consumption of quality food materials; |
| 8. | Other matters requested for deliberation by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries concerning the promotion of the food industry and consumer protection, etc. |
| (3) | A subcommittee for the Food Industry Promotion Council may be established (hereinafter referred to as "subcommittee") to operate the Council efficiently. |
| (4) | A subcommittee for fisheries shall be established under the Council to deliberate matters on fishery. <Newly Inserted on Aug. 11, 2015> |
| (5) | Matters deliberated on by the subcommittee for fisheries referred to in paragraph (4) shall be deemed deliberated on by the Council. <Newly Inserted on Aug. 11, 2015> |
| (6) | Matters necessary for the composition, operation, etc. of the Council and the subcommittees shall be prescribed by Presidential Decree. <Amended on Aug. 11, 2015> |
| Article 5 (Establishment of Food Industry Promotion Council) |
| (1) | A Food Industry Promotion Council (hereinafter referred to as the "Council") shall be established under the jurisdiction of the Minister of Agriculture, Food and Rural Affairs to deliberate on matters concerning promotion, etc. of the food industry. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (2) | The Council shall deliberate on the following matters: <Amended on Jan. 25, 2010; Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Dec. 31, 2018; Feb. 18, 2020> |
| 1. | Formulation of a master plan; |
| 2. | Matters concerning the industrial standards certification of food; |
| 3. | Matters concerning the designation of items for traditional food, establishment or amendments of standards therefor; |
| 4. | Matters concerning the designation of Korean food masters and revocation thereof; |
| 5. | Matters concerning the quality certification of traditional food; |
| 5-2. | Matters concerning the origin certification for processed food, restaurants, etc.; |
| 6. | Matters concerning the formulation of comprehensive plans for national food clusters under Article 12 (1); |
| 7. | Matters concerning the fostering of the food service industry, and promotion of consumption of quality food materials; |
| 8. | Other matters requested for deliberation by the Minister of Agriculture, Food and Rural Affairs concerning the promotion of the food industry and consumer protection, etc. |
| (3) | A subcommittee for the Food Industry Promotion Council may be established (hereinafter referred to as "subcommittee") to operate the Council efficiently. |
| (4) | Matters necessary for the organization, operation, etc., of the Council and subcommittees shall be prescribed by Presidential Decree. <Amended on Aug. 11, 2015; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 5
| Article 6 (Relationship to Other Statutes) |
The promotion of the food industry and reinforcement of its link with the agriculture and fisheries industries, etc. shall be governed by this Act unless otherwise prescribed by other Acts. <Amended on Mar. 9, 2011>
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, the promotion of the food industry and reinforcement of its link to agriculture, etc. shall be governed by this Act. <Amended on Mar. 9, 2011; Feb. 18, 2020>
[Enforcement Date: Feb. 19, 2021] Article 6
CHAPTER II ESTABLISHMENT OF FOUNDATION FOR PROMOTION OF FOOD INDUSTRY
| Article 7 (Nurturing Food Industry Specialists) |
| (1) | The State or local governments shall endeavor to nurture specialists to promote the food industry. <Amended on Jul. 21, 2011> |
| (2) | In order to nurture specialists pursuant to paragraph (1), the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or a Mayor/Do Governor may designate and manage institutions and organizations equipped with proper human resources, facilities, etc., such as universities and research institutes, as institutions to nurture food industry specialists, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018> |
| (3) | The State and local governments may grant full or partial subsidies to institutions designated to nurture food industry specialists pursuant to paragraph (1) to cover expenses incurred in nurturing such specialists within budgetary limits, as prescribed by Presidential Decree. |
| Article 7 (Nurturing Food Industry Specialists) |
| (1) | The State or local governments shall endeavor to nurture specialists to promote the food industry. <Amended on Jul. 21, 2011> |
| (2) | In order to nurture specialists pursuant to paragraph (1), the Minister of Agriculture, Food and Rural Affairs or a Mayor/Do Governor may designate and manage institutions and organizations equipped with proper human resources, facilities, etc., such as universities and research institutes, as institutions to nurture food industry specialists, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020> |
| (3) | The State and local governments may grant full or partial subsidies to institutions designated to nurture food industry specialists pursuant to paragraph (1) to cover expenses incurred in nurturing such specialists within budgetary limits, as prescribed by Presidential Decree. |
[Enforcement Date: Feb. 19, 2021] Article 7
| Article 8 (Promotion of Technological Development Related to Food Industry) |
| (1) | To facilitate technological development related to promotion of the food industry, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall promote the following: <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018> |
| 1. | Research into trends in and demand for food industry technologies; |
| 2. | Research and development of technologies concerning promotion, fostering, etc. of the food industry; |
| 3. | Research and development of technologies for globalization of traditional food; |
| 3-2. | Research and development concerning the functionality of food; |
| 4. | Matters for licensing the rights to developed technologies and commercialization thereof; |
| 5. | Matters concerning technical cooperation and exchanges of information; |
| 6. | Other matters necessary for research and technological development related to the food industry. |
| (2) | To facilitate technological development related to the food industry under paragraph (1), the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may subsidize expenses to be incurred by those who conduct research and development or industrialize food industry technologies, etc. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| Article 8 (Promotion of Technological Development Related to Food Industry) |
| (1) | To facilitate technological development related to promotion of the food industry, the Minister of Agriculture, Food and Rural Affairs shall promote the following: <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020> |
| 1. | Research into trends in and demand for food industry technologies; |
| 2. | Research and development of technologies concerning promotion, fostering, etc. of the food industry; |
| 3. | Research and development of technologies for globalization of traditional food; |
| 3-2. | Research and development concerning the functionality of food; |
| 4. | Matters for licensing the rights to developed technologies and commercialization thereof; |
| 5. | Matters concerning technical cooperation and exchanges of information; |
| 6. | Other matters necessary for research and technological development related to the food industry. |
| (2) | To facilitate technological development related to the food industry under paragraph (1), the Minister of Agriculture, Food and Rural Affairs may subsidize expenses to be incurred by those who conduct research and development or industrialize food industry technologies, etc. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 8
| Article 9 (Statistical Surveys on Food Industry) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may conduct statistical surveys on production, distribution, consumption, etc. of food in order to promote the food industry, facilitate smooth supply and demand for food, and effectively use food resources. In such cases, the Statistics Act shall apply mutatis mutandis in compiling statistics on the food industry. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 11, 2020> |
| (2) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may request necessary data and information from the heads of relevant central administrative institutions, the heads of local governments, the heads of public institutions, persons engaged in the food industry, and the heads of trade associations established under Article 11, if deemed necessary to compile statistics. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (3) | Any person in receipt of a request to provide data and information pursuant to paragraph (2) shall cooperate with such request in the absence of special circumstances. <Amended on Feb. 11, 2020> |
| (4) | Matters necessary for conducting statistical surveys pursuant to paragraph (1), and other matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| Article 9 (Statistical Surveys on Food Industry) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may conduct statistical surveys on production, distribution, consumption, etc. of food in order to promote the food industry, facilitate smooth supply and demand for food, and effectively use food resources. In such cases, the Statistics Act shall apply mutatis mutandis to the compilation of statistics on the food industry. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 11, 2020; Feb. 18, 2020> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may request necessary data and information from the heads of relevant central administrative institutions, the heads of local governments, the heads of public institutions, persons engaged in the food industry, and the heads of trade associations established under Article 11, if deemed necessary to compile statistics. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Any person in receipt of a request to provide data and information pursuant to paragraph (2) shall cooperate with such request in the absence of special circumstances. <Amended on Feb. 11, 2020> |
| (4) | Matters necessary for conducting statistical surveys pursuant to paragraph (1), and other matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 9
| Article 9-2 (Designation of Institutions Specialized in Data Analysis for Food Industry) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may designate an institution, organization, or corporation that handles data and statistics on the food industry as an institution specialized in data analysis for the food industry (hereinafter referred to as “specialized institution”) in order to efficiently manage the food industry. |
| (2) | Any specialized institution may perform the following affairs: |
| 1. | Analyzing data about promotion of the food industry and the link between the food industry and agriculture or fisheries; |
| 2. | Analyzing data about systems, etc. related to the current status of the local and international food industries and food consumption; |
| 3. | Analyzing information, including literature on traditional food; |
| 4. | Other affairs entrusted by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. |
| (3) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may reimburse expenses incurred by a specialized institution in performing the affairs entrusted thereto under paragraph (2). |
| (4) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may revoke the designation of a specialized institution if the specialized institution falls under any of the following cases: Provided, That he or she shall revoke the designation of the specialized institution if it falls under subparagraph 1: |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where it fails to start performing the affairs provided for in the subparagraphs of paragraph (2), or delays such affairs, without justifiable grounds; |
| 3. | Where it ceases to meet any of the criteria for designation prescribed under paragraph (5). |
| (5) | The criteria and procedures for designation of specialized institutions, for revocation of such designation, and matters necessary for operating the specialized institutions, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
| Article 9-2 (Designation of Institutions Specialized in Data Analysis for Food Industry) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate an institution, organization, or corporation that handles data and statistics on the food industry as an institution specialized in data analysis for the food industry (hereinafter referred to as “specialized institution”) in order to efficiently manage the food industry. <Amended on Feb. 18, 2020> |
| (2) | A specialized institution may perform the following duties: <Amended on Feb. 18, 2020> |
| 1. | Analyzing data about promotion of the food industry and the link between the food industry and agriculture; |
| 2. | Analyzing data about systems, etc. related to the current status of the local and international food industries and food consumption; |
| 3. | Analyzing information, including literature, on traditional food; |
| 4. | Other duties entrusted by the Minister of Agriculture, Food and Rural Affairs. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may support necessary expenses of a specialized institution for performing the duties entrusted under paragraph (2), within budgetary limits. <Amended on Feb. 18, 2020> |
| (4) | If a person designated as a specialized institution falls under any of the following, the Minister of Agriculture, Food and Rural Affairs may cancel such designation: Provided, That the designation shall be canceled in cases falling under subparagraph 1: <Amended on Feb. 18, 2020> |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where it fails to start performing the affairs provided for in the subparagraphs of paragraph (2), or delays such affairs, without justifiable grounds; |
| 3. | Where it ceases to meet any of the criteria for designation prescribed under paragraph (5). |
| (5) | The criteria and procedures for designation of specialized institutions, for revocation of such designation, and matters necessary for operating the specialized institutions, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
[Enforcement Date: Feb. 19, 2021] Article 9-2
| Article 10 (International Exchanges and Trade Promotion) |
| (1) | To help Korean food advance into overseas markets and to globally promote Korean traditional food culture, the State and local governments may establish and implement necessary policies, such as exchanges and cooperation with overseas institutions, finding new markets, advertising, inducing foreign investment, etc. |
| (2) | The State and local governments may subsidize expenses incurred to institutions, organizations, business operators, etc. participating in policies prescribed in paragraph (1) within the extent not violating international norms. |
| Article 11 (Food Industry Trade Association) |
| (1) | In order to develop the food industry, food business operators may establish a trade association upon obtaining authorization from the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (2) | The trade association established under paragraph (1) shall be a corporation and details to be included in its articles of association, operation and supervision the trade association, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | The trade association established under paragraph (1) may perform: <Amended on Jan. 25, 2010; Mar. 9, 2011; Mar. 23, 2013> |
| 1. | A survey and research project concerning direction-setting for developing the relevant industry; |
| 2. | A project for enhancing the competitiveness of the relevant industry and promoting mutual interests between members; |
| 3. | A project for reinforcing the link between the food industry and agriculture and fisheries industries; |
| 4. | Other projects deemed necessary to promote and develop the relevant industry, prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | The provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to trade associations established under paragraph (1), except as otherwise expressly provided for in this Act. |
| Article 11 (Food Industry Trade Association) |
| (1) | In order to develop the food industry, food business operators may establish a trade association upon obtaining authorization from the Minister of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | The trade association established under paragraph (1) shall be a corporation and details to be included in its articles of association, operation and supervision the trade association, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | The trade association established under paragraph (1) may perform: <Amended on Jan. 25, 2010; Mar. 9, 2011; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | A survey and research project concerning direction-setting for developing the relevant industry; |
| 2. | A project for enhancing the competitiveness of the relevant industry and promoting mutual interests between members; |
| 3. | A project for reinforcing the link between the food industry and agriculture; |
| 4. | Other projects prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, deemed necessary for the promotion and development of the relevant industry. |
| (4) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to trade associations established under paragraph (1). |
[Enforcement Date: Feb. 19, 2021] Article 11
| Article 12 (Supporting and Fostering National Food Clusters) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate a comprehensive plan for supporting and fostering national food clusters (hereinafter referred to as "comprehensive plan"). <Amended on Mar. 23, 2013> |
| (2) | The comprehensive plan shall include the following: |
| 1. | Matters concerning basic direction-setting for fostering national food clusters; |
| 2. | Matters concerning the creation of, and support to industrial complexes specialized in food to promote national food clusters; |
| 3. | Matters concerning the improvement of capabilities of enterprises and institutions participating in national food clusters; |
| 4. | Matters concerning support to activities of interconnection among enterprises and institutions participating in national food clusters; |
| 5. | Matters concerning the establishment and operation of institutions supporting national food clusters; |
| 6. | Matters for reinforcing the link with domestic agricultural and fisheries industries; |
| 7. | Matters for reinforcing inter-connectedness with other regions or other industrial clusters in Korea or overseas; |
| 8. | Matters concerning attracting investment inside or outside Korea and facilitating import of national food clusters; |
| 9. | Matters concerning investment in, and funding for national food clusters; |
| 10. | Other matters for fostering national food clusters. |
| (3) | In order to formulate a comprehensive plan, the Minister of Agriculture, Food and Rural Affairs shall submit the comprehensive plan to the Council for deliberation. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Agriculture, Food and Rural Affairs intends to formulate or amend a comprehensive plan, he or she shall hear opinions of the head of the competent local government and consult with the head of the related central administrative agency: Provided, That this shall not apply to amendments to minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Agriculture, Food and Rural Affairs may provide financial support to a local government in which an industrial complex specialized in food is located. <Amended on Mar. 23, 2013> |
| (6) | When the State or a local government promotes various projects conducted through financial support from the State or the local government, it may give priority to supporting enterprises and institutions participating in national food clusters in order to promote the national food clusters. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 12 (Supporting and Fostering National Food Clusters) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall formulate a comprehensive plan for supporting and fostering national food clusters (hereinafter referred to as "comprehensive plan"). <Amended on Mar. 23, 2013> |
| (2) | A comprehensive plan shall include the following matters: <Amended on Feb. 18, 2020> |
| 1. | Matters concerning basic direction-setting for fostering national food clusters; |
| 2. | Matters concerning the creation of, and support to industrial complexes specialized in food to promote national food clusters; |
| 3. | Matters concerning the improvement of capabilities of enterprises and institutions participating in national food clusters; |
| 4. | Matters concerning support to activities of interconnection among enterprises and institutions participating in national food clusters; |
| 5. | Matters concerning the establishment and operation of institutions supporting national food clusters; |
| 6. | Matters for reinforcing the link to domestic agriculture; |
| 7. | Matters for reinforcing the link with other regions or other industrial clusters in Korea or overseas; |
| 8. | Matters concerning attracting investment inside or outside Korea and facilitating import of national food clusters; |
| 9. | Matters concerning investment in, and funding for national food clusters; |
| 10. | Other matters for fostering national food clusters. |
| (3) | In order to formulate a comprehensive plan, the Minister of Agriculture, Food and Rural Affairs shall submit the comprehensive plan to the Council for deliberation. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Agriculture, Food and Rural Affairs intends to formulate or amend a comprehensive plan, he or she shall hear opinions of the head of the competent local government and consult with the head of the related central administrative agency: Provided, That this shall not apply to amendments to minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Agriculture, Food and Rural Affairs may provide financial support to a local government in which an industrial complex specialized in food is located. <Amended on Mar. 23, 2013> |
| (6) | When the State or a local government promotes various projects conducted through financial support from the State or the local government, it may give priority to supporting enterprises and institutions participating in national food clusters in order to promote the national food clusters. |
[This Article Wholly Amended on Jan. 25, 2010]
[Enforcement Date: Feb. 19, 2021] Article 12
| Article 12-2 (Establishment of Korea Institute for Food Industry Cluster) |
| (1) | The Korea Institute for Food Industry Cluster (hereinafter referred to as "Institute") shall be established to foster and manage national food clusters and support the activities of participating enterprises and institutions. <Amended on Feb. 11, 2020> |
| (2) | The Institute shall be a body corporate and shall be established when it registers such establishment at the location of its main office. <Amended on Feb. 11, 2020> |
| (3) | The Institute shall conduct the following projects: <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| 1. | Policy development and research for national food clusters and clustering the food industry; |
| 2. | Projects to create and manage industrial complexes specialized in food; |
| 3. | Projects to support enterprises and institutions participating in national food clusters; |
| 4. | Projects to facilitate activities of interconnection among enterprises and institutions participating in national food clusters; |
| 5. | Research, external cooperation, and public relations projects for vitalizing national food clusters; |
| 6. | Other projects entrusted by the Minister of Agriculture, Food and Rural Affairs. |
| (4) | In order to engage in the activities stipulated in paragraph (3), the Institute may establish auxiliary organs prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| (5) | The Government or a local government may make contributions or provide subsidy to cover all or some of the expenses incurred in establishing and operating the Institute, within budgetary limits. <Amended on Feb. 11, 2020> |
| (6) | The Minister of Agriculture, Food and Rural Affairs shall guide and supervise business affairs of the Institute under the subparagraphs of paragraph (3), and may issue instructions or orders to the Institute for its projects, if deemed necessary. <Amended on Mar. 23, 2013; Feb. 11, 2020> |
| (7) | Except as provided in this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to the Institute. <Amended on Feb. 11, 2020> |
[This Article Newly Inserted on Jan. 25, 2010]
[Title Amended on Feb. 11, 2020]
CHAPTER III PROMOTION OF FOOD INDUSTRY
| Article 13 (Promotion of Exchange and Cooperation Projects, such as Contract Transactions) |
| (1) | In order to increase the economic added value of agricultural and fishery products through reinforced links between the food industry and agriculture and fisheries industries, and to increase the competitiveness of the food industry by providing raw materials smoothly, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may encourage the exchange and cooperation projects, such as entering into an exchange and cooperation agreement for production, supply, etc. of food materials under a contract between farmers, fishermen, or the organizations thereof and food business operators. <Amended on Jan. 25, 2010; Mar. 9, 2011; Mar. 23, 2013> |
| (2) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may subsidize expenses to be incurred in performing exchange and cooperation projects prescribed in paragraph (1). <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (3) | The subject matter, criteria, and procedures for exchange and cooperation projects under paragraph (1), those eligible for subsidies, criteria and procedures for subsidies under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 13 (Promotion of Exchange and Cooperation Projects, such as Contract Transactions) |
| (1) | In order to increase the economic added value of agricultural products through reinforced links between the food industry and agriculture, and to increase the competitiveness of the food industry by providing raw materials smoothly, the Minister of Agriculture, Food and Rural Affairs may encourage the exchange and cooperation projects, such as entering into an exchange and cooperation agreement for production, supply, etc. of food materials under a contract between farmers, or the organizations thereof and food business operators. <Amended on Jan. 25, 2010; Mar. 9, 2011; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may subsidize expenses to be incurred in performing exchange and cooperation projects prescribed in paragraph (1). <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | The subject matter, criteria, and procedures for exchange and cooperation projects under paragraph (1), those eligible for subsidies, criteria and procedures for subsidies under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. |
[Enforcement Date: Feb. 19, 2021] Article 13
| Article 13-2 (Contract Growing of Food Materials for School Meal Service) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may encourage contract growing of food materials, direct transactions, and other exchange and cooperation projects between the school meal service supporting centers, etc. established under Article 5 (4) of the School Meals Act and producers of agricultural or fisheries products or food, in order to reinforce links between school meal service and agriculture or fisheries, and to supply quality food materials for school meal service. |
| (2) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may reimburse expenses incurred in investigating the stability of food materials in regard to exchange and cooperation projects performed under paragraph (1) and accord preferential treatment to exemplary business operators selected based on their records of using quality food materials, as prescribed by Presidential Decree. |
| (3) | Business operators eligible for support under paragraph (2), criteria for providing support, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
| Article 13-2 (Contract Growing of Food Materials for School Meal Service) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may encourage contract growing of food materials, direct transactions, and other exchange and cooperation projects between the school meal service supporting centers, etc. established under Article 5 (4) of the School Meals Act and producers of agricultural products or food, in order to reinforce links between school meal service and agriculture, and to supply quality food materials for school meal service. <Amended on Feb. 18, 2020> |
| (2) | The Minister of Agriculture, Food and Rural Affairs may reimburse expenses incurred in investigating the stability of food materials in regard to exchange and cooperation projects performed under paragraph (1) and accord preferential treatment to exemplary business operators selected based on their records of using quality food materials, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020> |
| (3) | Business operators eligible for support under paragraph (2), criteria for providing support, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
[Enforcement Date: Feb. 19, 2021] Article 13-2
| Article 13-3 (Development of Varieties Suitable for Purposes of Food Processing) |
| (1) | In order to enhance the economic value added of agricultural and fishery products and to strengthen the competitiveness of the food industry, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may promote projects for developing and distributing varieties suitable for purposes of food processing, providing training on cultivation techniques, etc. |
| (2) | Matters necessary for details of projects prescribed in paragraph (1) and the implementation thereof shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 13-3 (Development of Varieties Suitable for Purposes of Food Processing) |
| (1) | In order to enhance the economic value added of agricultural products and to strengthen the competitiveness of the food industry, the Minister of Agriculture, Food and Rural Affairs may promote projects for developing and distributing varieties suitable for purposes of food processing, providing training on cultivation techniques, etc. <Amended on Feb. 18, 2020> |
| (2) | Matters necessary for details of projects prescribed in paragraph (1) and the implementation thereof shall be prescribed by Ordinance of the Ministry of Agriculture. <Amended on Feb. 18, 2020> |
[This Article Newly Inserted on Dec. 31, 2018]
[Enforcement Date: Feb. 19, 2021] Article 13-3
| Article 14 (Designation of, and Support for, Korean Food Masters) |
| (1) | To succeed to and develop excellent Korean food, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may designate an excellent food specialist as a Korean food master in specific fields, such as food production, processing, or cooking, following deliberation thereon by the Council, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018> |
| (2) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may consult with each other regarding designating Korean food masters referred to in paragraph (1). <Newly Inserted on Dec. 31, 2018> |
| (3) | To label food produced, processed, or cooked by a Korean food master as such, the Korean food master label may be placed on the surface of the relevant product, packaging, or container or on the invoice, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013; Dec. 31, 2018> |
| (4) | Each Korean food master shall report his or her activities, etc. to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Dec. 31, 2018> |
| (5) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may grant a subsidy for any Korean food master who engages in or intends to engage in the business of producing, processing, or cooking food or the business of transferring his or her food skills, and for any person who learns food skills from a Korean food master and is selected under paragraph (9) (hereinafter referred to as “apprentice to a Korean food master”), as prescribed by Presidential Decree: Provided, That this shall not apply where he or she is granted a subsidy under any other statute or regulation. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Mar. 27, 2015; Dec. 31, 2018; Feb. 11, 2020> |
| (6) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may revoke the designation of a Korean food master following deliberation thereon by the Council, if such master falls under any of the following cases: Provided, That he or she must revoke the designation of a Korean food master if such master falls under subparagraph 1: <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Aug. 11, 2015; Dec. 31, 2018> |
| 1. | If the Korean food master is designated as a Korean food master by fraud or other improper means; |
| 2. | If the Korean food master transfers or lends the document certifying that he or she is a designated Korean food master, to a third party; |
| 3. | If the Korean food master fails to file a report on his or her activities, etc. as a Korean food master under paragraph (4) without good cause, or files a false report on his or her activities, etc.; |
| (7) | If a person granted a subsidy prescribed in paragraph (5) is found to have obtained the subsidy by any improper means, such as by submitting a false document, or otherwise falls under the grounds prescribed by Presidential Decree, the subsidy granted shall be recaptured. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018; Feb. 11, 2020> |
| (8) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may collect the subsidy to be recovered under paragraph (7) in the same manner as delinquent taxes are collected. <Newly Inserted on Dec. 31, 2018> |
| (9) | A Korean food master may recommend persons who have learned his or her food skills as his or her apprentices to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Presidential Decree; the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may select an appropriate person among those recommended as an apprentice to the Korean food master. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018; Feb. 11, 2020> |
| (10) | If a Korean food master or his or her apprentice granted a subsidy under paragraph (5) is deemed unable to continue his or her business by changing his or her occupation, discontinuing training of food skills, or on other grounds prescribed by Presidential Decree, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall suspend such subsidy. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018> |
| (11) | Criteria and procedures for selecting apprentices to Korean food masters, provision and suspension of subsidies, recovery of subsidies, and other necessary matters, shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018> |
| Article 14 (Designation of, and Support for, Korean Food Masters) |
| (1) | To succeed to and develop excellent Korean food, the Minister of Agriculture, Food and Rural Affairs may designate an excellent food specialist as a Korean food master in specific fields, such as food production, processing, or cooking, following deliberation thereon by the Council, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020> |
| (2) | Deleted. <Feb. 18, 2020> |
| (3) | To label food produced, processed, or cooked by a Korean food master as such, the Korean food master label may be placed on the surface of the relevant product, packaging, or container or on the invoice, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020> |
| (4) | Each Korean food master shall report his or her activities, etc. to the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020> |
| (5) | The Minister of Agriculture, Food and Rural Affairs may grant a subsidy for any Korean food master who engages in or intends to engage in the business of producing, processing, or cooking food or the business of transferring his or her food skills, and for any person who learns food skills from a Korean food master and is selected under paragraph (9) (hereinafter referred to as “apprentice to a Korean food master”), as prescribed by Presidential Decree: Provided, That this shall not apply where he or she is granted a subsidy under any other statute or regulation. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Mar. 27, 2015; Dec. 31, 2018; Feb. 11, 2020; Feb. 18, 2020> |
| (6) | The Minister of Agriculture, Food and Rural Affairs may revoke the designation of a Korean food master following deliberation thereon by the Council, if such master falls under any of the following cases: Provided, That he or she must revoke the designation of a Korean food master if such master falls under subparagraph 1: <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Aug. 11, 2015; Dec. 31, 2018; Feb. 18, 2020> |
| 1. | If the Korean food master is designated as a Korean food master by fraud or other improper means; |
| 2. | If the Korean food master transfers or lends the document certifying that he or she is a designated Korean food master, to a third party; |
| 3. | If the Korean food master fails to file a report on his or her activities, etc. as a Korean food master under paragraph (4) without good cause, or files a false report on his or her activities, etc.; |
| (7) | If a person granted a subsidy prescribed in paragraph (5) is found to have obtained the subsidy by any improper means, such as by submitting a false document, or otherwise falls under the grounds prescribed by Presidential Decree, the subsidy granted shall be recaptured. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018; Feb. 11, 2020> |
| (8) | The Minister of Agriculture, Food and Rural Affairs may collect the subsidy to be recaptured under paragraph (7) in the same manner as delinquent taxes are collected. <Newly Inserted on Dec. 31, 2018; Feb. 18, 2020> |
| (9) | A Korean food master may recommend persons who have learned his or her food skills as his or her apprentices to the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree; the Minister of Agriculture, Food and Rural Affairs may select an appropriate person among those recommended as an apprentice to the Korean food master. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018; Feb. 11, 2020; Feb. 18, 2020> |
| (10) | If a Korean food master or his or her apprentice granted a subsidy under paragraph (5) is deemed unable to continue his or her business by changing his or her occupation, discontinuing training of food skills, or on other grounds prescribed by Presidential Decree, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall suspend such subsidy. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018> |
| (11) | Criteria and procedures for selecting apprentices to Korean food masters, provision and suspension of subsidies, recapture of subsidies, and other necessary matters, shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 27, 2015; Dec. 31, 2018> |
[Title Amended on Dec. 31, 2018]
[Enforcement Date: Feb. 19, 2021] Article 14
| Article 14-2 (Follow-up Management of Korean Food Master Products) |
| (1) | If deemed necessary to maintain quality of the products produced, processed, or cooked by a Korean food master (hereinafter referred to as “Korean food master product”) and to protect consumers, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may authorize relevant public officers to engage in the following activities: <Amended on Dec. 31, 2018> |
| 1. | Investigating whether the labeling of the Korean food master product genuinely represents its contents; |
| 2. | Perusing the relevant ledgers or documents of the Korean food master; |
| 3. | Conducting testing upon collecting samples of the Korean food master product or requesting testing to a specialized testing and research institute, etc. |
| (2) | Article 26 (4) through (6) shall apply mutatis mutandis to procedures for investigation, perusal, collection, etc. prescribed in paragraph (1). In such case, “investigation, perusal, collection, or inspection” shall be construed as “investigation, perusal, or collection”, and “owner, occupant, or manager of such food or a certification agency for quality food, etc.” and “owner, occupant, or manager of the food certified as quality food, etc. or a certification agency for quality food, etc.” shall be construed as “Korean food master”. <Amended on Dec. 31, 2018> |
[This Article Newly Inserted on Aug. 11, 2015]
| Article 14-2 (Follow-up Management of Korean Food Master Products) |
| (1) | If deemed necessary to maintain quality of the products produced, processed, or cooked by a Korean food master (hereinafter referred to as “Korean food master product”) and to protect consumers, the Minister of Agriculture, Food and Rural Affairs may authorize relevant public officers to engage in the following activities: <Amended on Dec. 31, 2018; Feb. 18, 2020> |
| 1. | Investigating whether the labeling of the Korean food master product genuinely represents its contents; |
| 2. | Perusing the relevant ledgers or documents of the Korean food master; |
| 3. | Conducting testing upon collecting samples of the Korean food master product or requesting testing to a specialized testing and research institute, etc. |
| (2) | Article 26 (4) through (6) shall apply mutatis mutandis to procedures for investigation, perusal, collection, etc. prescribed in paragraph (1). In such case, “investigation, perusal, collection, or inspection” shall be construed as “investigation, perusal, or collection”, and “owner, occupant, or manager of such food or a certification agency for quality food, etc.” and “owner, occupant, or manager of the food certified as quality food, etc. or a certification agency for quality food, etc.” shall be construed as “Korean food master”. <Amended on Dec. 31, 2018> |
[This Article Newly Inserted on Aug. 11, 2015]
[Title Amended on Dec. 31, 2018]
[Enforcement Date: Feb. 19, 2021] Article 14-2
| Article 15 (Consulting Support for Food Industry) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide food business operators with consulting on the following matters, such as management, technology, finance, and accounting: <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| 1. | Providing appropriate consulting services based on the size and type of each food business operator; |
| 2. | Establishing an assessment system for building credibility on outcomes of consulting; |
| 3. | Linking outcomes of consulting with a means of support, such as financing and subsidies; |
| 4. | Other business necessary to reinforce the foundations for consulting. |
| (2) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may subsidize food business operators or consulting providers expenses incurred in conducting the business prescribed in paragraph (1). <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| Article 15 (Consulting Support for Food Industry) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may provide food business operators with consulting on the following matters, such as management, technology, finance, and accounting: <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| 1. | Providing appropriate consulting services based on the size and type of each food business operator; |
| 2. | Establishing an assessment system for building credibility on outcomes of consulting; |
| 3. | Linking outcomes of consulting with a means of support, such as financing and subsidies; |
| 4. | Other business necessary to reinforce the foundations for consulting. |
| (2) | The Minister of Agriculture, Food and Rural Affairs may support expenses necessary for food business operators or consulting providers to deliver services prescribed in paragraph (1). <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 15
| Article 16 Deleted. <Jul. 21, 2011> |
| Article 17 (Globalization of Traditional Food and Dietary Culture) |
| (1) | The State and local governments shall endeavor to modernize traditional food and dietary culture by conducting research and discovering traditional food and dietary culture in each region and improve the nation's image through globalization of Korean food and dietary culture. |
| (2) | If deemed necessary to globalize traditional food under paragraph (1), the State and a local government may subsidize expenses incurred in advertising Korean traditional food and dietary culture, improving competitiveness, etc. of Korean restaurants overseas and food companies with a presence in overseas markets. |
| (3) | Matters necessary concerning those eligible for subsidies, criteria for assistance, operation, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 17-2 Deleted. <Aug. 27, 2019> |
| Article 17-3 (Institutes Supporting Export of Food) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a research institute prescribed by Presidential Decree as an institute supporting the export of food to provide comprehensive support, etc. in relation to overseas certification necessary for Korean food to enter into overseas markets. |
| (2) | Institutes supporting the export of food shall engage in the following business activities: |
| 1. | Collecting, analyzing, managing, and circulating the information about major overseas food certifications that are necessary for Korean food to enter into overseas markets; |
| 2. | Providing technology support, guidance, and consulting that are necessary for obtaining major overseas food certifications; |
| 3. | Establishing, circulating and managing the standards related to major overseas food certifications; |
| 4. | Training professionals in major overseas food certifications; |
| 5. | Other business activities entrusted by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries to promote the food industry through overseas certification and standardization of food. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may subsidize the working expenses of institutes supporting the export of food, within budgetary limits. |
| (4) | Designation and operation of institutes supporting the export of food, and other related matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 2, 2016]
| Article 17-3 (Institutes Supporting Export of Food) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate a research institute prescribed by Presidential Decree as an institute supporting the export of food to provide comprehensive support, etc. in relation to overseas certification necessary for Korean food to enter into overseas markets. |
| (2) | Institutes supporting export of food shall deliver the following services: <Amended on Feb. 18, 2020> |
| 1. | Collecting, analyzing, managing, and circulating the information about major overseas food certifications that are necessary for Korean food to enter into overseas markets; |
| 2. | Providing technology support, guidance, and consulting that are necessary for obtaining major overseas food certifications; |
| 3. | Establishing, circulating and managing the standards related to major overseas food certifications; |
| 4. | Training professionals in major overseas food certifications; |
| 5. | Other business activities entrusted by the Minister of Agriculture, Food and Rural Affairs to promote the food industry through overseas certification and standardization of food. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may subsidize the working expenses of institutes supporting the export of food, within budgetary limits. |
| (4) | Designation and operation of institutes supporting the export of food, and other related matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 2, 2016]
[Enforcement Date: Feb. 19, 2021] Article 17-3
| Article 18 (Succession to, and Development of, Traditional Dietary Culture) |
| (1) | In order to enhance consumers’ rights and interests, and succeed to and develop traditional dietary culture, the State and local governments may provide information necessary therefor, and set guidelines for promoting traditional dietary culture, distribute them and provide guidance thereabout. |
| (2) | In order to encourage wider consumption of local agricultural and fishery products, and to succeed to and develop traditional dietary culture, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may develop and distribute various menus and recipes using local agricultural products and traditional food. <Amended on Jan. 25, 2010; Mar. 9, 2011; Mar. 23, 2013> |
| (3) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide education necessary for cooking, processing, etc. traditional food in order to teach the general public about the excellence of traditional food using local agricultural and fishery products and disseminate such excellence to the general public. In such cases, he or she shall endeavor to ensure that relevant local residents who produce the local agricultural and fishery products are provided with such education. <Newly Inserted on Nov. 14, 2011; Mar. 23, 2013> |
| Article 18 (Succession to, and Development of, Traditional Dietary Culture) |
| (1) | In order to enhance consumers’ rights and interests, and succeed to and develop traditional dietary culture, the State and local governments may provide information necessary therefor, and set guidelines for promoting traditional dietary culture, distribute them and provide guidance thereabout. |
| (2) | In order to encourage wider consumption of local agricultural and fishery products, and to succeed to and develop traditional dietary culture, the Minister of Agriculture, Food and Rural Affairs may develop and distribute various menus and recipes using local agricultural products and traditional food. <Amended on Jan. 25, 2010; Mar. 9, 2011; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | The Minister of Agriculture, Food and Rural Affairs may provide education necessary for cooking, processing, etc. traditional food in order to teach the general public about the excellence of traditional food using local agricultural and fishery products and disseminate such excellence to the general public. In such cases, he or she shall endeavor to ensure that relevant local residents who produce the local agricultural products are provided with such education. <Newly Inserted on Nov. 14, 2011; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 18
| Article 19 (Conducting Research of Food Ingredients) |
| (1) | In order to provide food information, etc. under Article 18 (1) and (2), the Government may publish a food ingredient table by analyzing nutritional values of food, including agricultural and fisheries products, and conduct investigation and research on nutritional facts of food. <Amended on Mar. 9, 2011> |
| (2) | Matters necessary for analyses of nutritional values of food, etc. including agricultural and fisheries products and investigation and research on nutritional facts of food under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Mar. 9, 2011> |
| Article 19 (Conducting Research of Food Ingredients) |
| (1) | In order to provide food information, etc. under Article 18 (1) and (2), the Government may publish a food ingredient table by analyzing nutritional values of food, including agricultural products, and conduct investigation and research on nutritional facts of food. <Amended on Mar. 9, 2011; Feb. 18, 2020> |
| (2) | Matters necessary for analyses of nutritional values of food, etc. including agricultural products and investigation and research on nutritional facts of food under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Mar. 9, 2011; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 19
| Article 19-2 (Formulation of Policies to Foster Agricultural and Fisheries Product Processing Industry) |
The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall formulate policies concerning the following to foster and develop the agricultural and fishery product processing industry: <Amended on Mar. 23, 2013>
| 1. | Matters for creating a foundation for the agricultural and fishery product processing industry; |
| 2. | Matters for improving the productivity of the agricultural and fishery product processing industry; |
| 3. | Matters for increasing the competitiveness of the agricultural and fishery product processing industry; |
| 4. | Matters for developing and disseminating the processing technology of agricultural and fishery products; |
| 5. | Matters concerning investment and loans to foster the agricultural and fishery product processing industry; |
| 6. | Other important matters prescribed by Presidential Decree to foster the agricultural and fishery product processing industry. |
[This Article Newly Inserted on Jul. 21, 2011]
| Article 19-2 (Formulation of Policies to Foster Agricultural Product Processing Industry) |
The Minister of Agriculture, Food and Rural Affairs shall formulate policies concerning the following to foster and develop the agricultural and fishery product processing industry: <Amended on Mar. 23, 2013; Feb. 18, 2020>
| 1. | Laying the foundations for the agricultural product processing industry; |
| 2. | Matters for improving the productivity of the agricultural product processing industry; |
| 3. | Matters for increasing the competitiveness of the agricultural product processing industry; |
| 4. | Development and dissemination of the agricultural product processing technology; |
| 5. | Investment or loans for fostering the agricultural product processing industry; |
| 6. | Other important matters prescribed by Presidential Decree to foster the agricultural product processing industry. |
[This Article Newly Inserted on Jul. 21, 2011]
[Title Amended on Feb. 18, 2020]
[Enforcement Date: Feb. 19, 2021] Article 19-2
| Article 19-3 (Support for Production of Processed Agricultural Products) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may provide funds necessary for producing and developing processed agricultural products, establishing and operating specialized stores, promoting exports, or other matters prescribed by Presidential Decree, to a person who runs or intends to run, by profession, a business producing food or works of folk-craft processed by simply processing agricultural products through cleansing, peeling, cutting, etc. or by using agricultural products as raw materials or ingredients (hereinafter referred to as "processed agricultural product"). <Amended on Mar. 23, 2013> |
| (2) | Where a person eligible for financial support under paragraph (1) intends to establish a factory to produce processed agricultural products, he or she shall submit a business plan to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Si/Gun/Gu") having jurisdiction over the area in which the factory is to be established, and obtain approval thereof, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Dec. 31, 2018> |
| (3) | Where a person eligible for financial support under paragraph (1) has obtained approval of his or her business plan under paragraph (2), he or she shall be deemed to have obtained the following permission, authorization, designation, approval, cancellation, etc., or reported thereon: <Amended on Dec. 31, 2018; Jan. 29, 2020> |
| (4) | When a person who performs a project under paragraph (3) has obtained a building permit pursuant to the Building Act to perform such project, he or she shall be deemed to have obtained the following permission or designation or reported thereon: <Amended on Jan. 14, 2014> |
| (5) | In granting approval under paragraph (2), where matters referred to in any subparagraph of paragraphs (3) and (4) falls under the jurisdiction of another administrative agency, the head of a Si/Gun/Gu shall pre-consult with the head of the related administrative agency or obtain approval thereof. |
[This Article Newly Inserted on Jul. 21, 2011]
| Article 19-4 (Support for Production of Processed Fishery Products) |
| (1) | The Minister of Oceans and Fisheries may grant a subsidy to a person who intends to perform the following projects, etc.: <Amended on Mar. 23, 2013> |
| 2. | Research, development, and industrialization of the fishery product processing technology, etc.; |
| 3. | Purchase of packing materials, facilities and automation equipment to facilitate quality elevation, normal standardization, and logistics standardization of fishery products and processed fishery products; |
| 4. | Other matters prescribed by Presidential Decree as necessary for fostering the fishery product processing industry. |
| (2) | Where a person eligible for subsidies under paragraph (1) intends to establish a factory producing processed fishery products, he or she shall submit a business plan to the head of a Si/Gun/Gu having jurisdiction over the region, in which the factory is to be established and obtain approval thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| (3) | Where a person eligible for subsidies has obtained approval for his or her business plan under paragraph (2), he or she shall be deemed obtained the following permission, authorization, approval, cancellation, etc., or reported thereon: |
| (4) | In granting approval under paragraph (2), where matters provided for in the subparagraphs of paragraph (3) fall under the jurisdiction of another administrative agency, the head of a Si/Gun/Gu shall pre-consult with the head of the related administrative agency or obtain approval thereof. |
| (5) | Where the State leases the State-owned land created by reclaiming with oyster shells to the fishermen engaged in oyster farming, or to operators of oyster production or processing facilities registered with the Minister of Oceans and Fisheries pursuant to Article 74 of the Agricultural and Fishery Products Quality Control Act (hereafter referred to as "fishermen engaged in oyster farming, etc." in this Article), it may grant a permit to build or improve a permanent structure for shucking oysters or for the processing or sanitary treatment of oysters on the relevant land, notwithstanding Article 18 of the State Property Act. In such cases, the period for such lease shall be within 20 years, notwithstanding Article 46 (1) of the State Property Act, and any person who intends to build or improve a permanent structure may lease such land on condition that he or she shall donate the structure to the State or return the land after reinstatement upon the expiry of the leasing period. <Amended on Mar. 23, 2013> |
| (6) | Where deemed necessary for fostering and developing the oyster farming and processing industry, the State may sell the State-owned land under paragraph (5) to fishermen engaged in oyster farming, etc. upon entering into private contracts, notwithstanding Article 43 of the State Property Act. In such cases, such land shall be sold after designating the uses therefor, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 21, 2011]
Deleted. <Feb. 18, 2020> [Enforcement Date: Feb. 19, 2021] Article 19-4
| Article 19-5 (Reporting on Fishery Product Processing Industry) |
| (1) | A person who intends to engage in the fishery product processing industry (referring to business of manufacturing or processing food, feeds, fertilizers, paste stuffs, cream, or hides using fishery products as direct raw materials or ingredients; hereinafter the same shall apply) shall be equipped with facilities, etc. prescribed by Ordinance of the Ministry of Oceans and Fisheries and report thereon to the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu according to the types of business prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Where he or she intends to modify important matters prescribed by Ordinance of the Ministry of Oceans and Fisheries among matters reported pursuant to paragraph (1), he or she shall report thereon to the head of an administrative agency to which he or she reported. <Amended on Mar. 23, 2013> |
| (3) | Upon receiving a report prescribed in paragraph (1) or (2), the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall review details thereof and accept it, if it complies with this Act. <Newly Inserted on Jan. 15, 2019> |
| (4) | Procedures for, and method of filing reports or reports on modifications under paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jan. 15, 2019> |
[This Article Newly Inserted on Jul. 21, 2011]
Deleted. < Feb. 18, 2020> [Enforcement Date: Feb. 19, 2021] Article 19-5
| Article 19-6 (Suspension of Fishery Product Processing Industry) |
| (1) | Where a person who has reported the type of business prescribed by Presidential Decree among the fishery product processing industry falls under any of the following cases, the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall restrict the items of production of the fishery product processing industry reported, issue an order to suspend business for a prescribed period of up to six months, or to close the place of business: Provided, That the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu shall issue an order to close the place of business in cases falling under subparagraph 1 or 4: <Amended on Mar. 23, 2013; Aug. 27, 2019> |
| 1. | Where he or she has reported on the fishery product processing industry by fraud or other improper means; |
| 2. | Where he or she has processed or intends to process marine animals and plants captured, collected, or farmed, in violation of any of the following, using them as raw materials or ingredients despite he or she knows about such violation: |
| (a) | Article 8 (1), 27 (1) and (4), 30 (1), 31 (1), 32 (1), 33, 41 (1) through (3), 47 (1) and (4), 66, or 67 of the Fisheries Act, or Article 16 (2), 25 or 47 (3) of the Fishery Resources Management Act; |
| (b) | Restrictions or conditions on a fisheries business license under Article 12 of the Fisheries Act, period of validity of a fisheries business license under Article 14 of the same Act, period of license, etc. for a limited fisheries business license under Article 15 (1) of the same Act, period of suspension of business under Article 30 (2) of the same Act, restrictions or suspension of licensed fisheries business or restriction of a fishing vessel's mooring at, or departure from or entry into, a port under Article 34 (1) of the same Act, restrictions or conditions on a fisheries business permit under Article 43 of the same Act, period of validity of a fisheries business permit under Article 46 of the same Act, period of validity of a report under Article 47 (2) of the same Act, order for coordination of fisheries under Article 61 (1) of the same Act, or order for protection of fisheries resources under Article 35 (1) 1 and 6 of the Fishery Resources Management Act; |
| (g) | Foreign Acts and subordinate statutes or treaties concluded with foreign countries in relation to fishery; |
| 3. | Where a person ceases to fulfill any of the criteria for facilities, etc. of the fishery product processing industry under Article 19-5 (1); |
| 4. | Where a person subject to business suspension engages in business during the period of such suspension. |
| (2) | Where a person engages in business without filing a report, in violation of Article 19-5 (1), or continues business after receiving an order to close the place of business pursuant to paragraph (1), the Minister of Oceans and Fisheries or the head of a Si/Gun/Gu may require related public officials to take measures necessary for closing the relevant place of business. <Amended on Mar. 23, 2013> |
| (3) | Detailed standards for taking dispositions, such as restricting items of production under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, depending on the types, severity, etc. of violations. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jul. 21, 2011]
Deleted. <Feb. 18, 2020> [Enforcement Date: Feb. 19, 2021] Article 19-6
CHAPTER IV QUALITY CONTROL OF FOOD
| Article 20 (Industrial Standards Certification of Food) |
| (1) | In order to facilitate the standardization of the food industry, improve the quality of food, and promote consumers' rights and interests, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may operate an industrial standards certification system for food. <Amended on Jan. 25, 2010; by Jul. 21, 2011; Mar. 23, 2013> |
| (2) | Items of, and criteria for, industrial standards certification under paragraph (1), the method of labeling, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 20 (Industrial Standards Certification of Food) |
| (1) | In order to facilitate the standardization of the food industry, improve the quality of food, and promote consumers' rights and interests, the Minister of Agriculture, Food and Rural Affairs may operate an industrial standards certification system for food. <Amended on Jan. 25, 2010; by Jul. 21, 2011; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | Items of, and criteria for, industrial standards certification under paragraph (1), the method of labeling, and other necessary matters, shall be prescribed by Presidential Decree. |
[Enforcement Date: Feb. 19, 2021] Article 20
| Article 21 (Facilitating International Standardization of Traditional Food) |
In order to improve the quality of traditional food and facilitate international trade thereof, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall endeavor to facilitate international standardization of traditional food and promote international cooperation, such as establishing food standards and providing information for international organizations, including Food and Agriculture Organization and the Codex Alimentarius Commission. <Amended on Jan. 25, 2010; Mar. 23, 2013>
| Article 21 (Facilitating International Standardization of Traditional Food) |
In order to improve the quality of traditional food and facilitate international trade thereof, the Minister of Agriculture, Food and Rural Affairs shall endeavor to facilitate international standardization of traditional food and promote international cooperation, such as establishing food standards and providing information for international organizations, including Food and Agriculture Organization and the Codex Alimentarius Commission. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020>
[Enforcement Date: Feb. 19, 2021] Article 21
| Article 22 (Certification of Quality of Traditional Food) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall implement a quality certification system for traditional food to improve the quality of traditional food, encourage the production thereof, and to protect consumers. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (2) | A person who has obtained quality certification of traditional food pursuant to paragraph (1) shall undergo a periodic inspection as to compliance with quality certification standards for traditional food and other matters, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013> |
| (3) | Products subject to quality certification, methods of labeling, procedures for filing applications, and other matters necessary for implementing the quality certification system under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jul. 21, 2011> |
| (4) | Details, and methods of, and procedures for conducting periodic inspections under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013> |
| Article 22 (Certification of Quality of Traditional Food) |
| (1) | The Minister of Agriculture, Food and Rural Affairs shall implement a quality certification system for traditional food to improve the quality of traditional food, encourage the production thereof, and to protect consumers. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
| (2) | A person who has obtained quality certification of traditional food pursuant to paragraph (1) shall undergo a periodic inspection as to compliance with quality certification standards for traditional food and other matters, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013; Feb. 18, 2020> |
| (3) | Products subject to quality certification, methods of labeling, procedures for filing applications, and other matters necessary for implementing the quality certification system under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jul. 21, 2011> |
| (4) | Details, and methods of, and procedures for conducting periodic inspections under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 22
| Article 22-2 (Origin Certification for Processed Food, Restaurants) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may operate a origin certification system for processed food, restaurants, etc. (referring to the food service business provided for in Article 36 (1) 3 of the Food Sanitation Act and the meal service facilities defined in subparagraph 12 of Article 2 of the said Act; the same shall apply hereinafter) to promote development correlating agriculture and fisheries and the food industry; and to reinforce credibility in the origins of the food processed or cooked using agricultural and fishery products as its raw materials. |
| (2) | A person who has obtained origin certification under paragraph (1) shall undergo a periodic inspection as to his or her compliance with standards for origin certification and other related matters, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | Standards for origin certification, labeling methods, procedures for filing applications, and other matters necessary for implementing the origin certification system under paragraph (1), shall be prescribed by Presidential Decree. |
| (4) | Details, and methods of, and procedures for conducting periodic inspections under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Jun. 22, 2015]
| Article 22-2 (Origin Certification for Processed Food, Restaurants) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may operate a origin certification system for processed food, restaurants, etc. (referring to the food service business provided for in Article 36 (1) 3 of the Food Sanitation Act and the meal service facilities defined in subparagraph 12 of Article 2 of the said Act; the same shall apply hereinafter) to promote development correlating agriculture and fisheries and the food industry; and to reinforce credibility in the origins of the food processed or cooked using agricultural and fishery products as its raw materials. <Amended on Feb. 18, 2020> |
| (2) | A person who has obtained origin certification under paragraph (1) shall undergo a periodic inspection as to his or her compliance with standards for origin certification and other related matters, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 18, 2020> |
| (3) | Standards for origin certification, labeling methods, procedures for filing applications, and other matters necessary for implementing the origin certification system under paragraph (1), shall be prescribed by Presidential Decree. |
| (4) | Details, and methods of, and procedures for conducting periodic inspections under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Feb. 18, 2020> |
[This Article Newly Inserted on Jun. 22, 2015]
[Enforcement Date: Feb. 19, 2021] Article 22-2
| Article 22-3 (Restriction on Application for Certification of Quality Food) |
None of the following persons shall apply for the certification of quality food, etc.:
| 1. | A person for whom one year has yet to pass since certification was revoked for falling under subparagraph 1, 1-2, 2 and 3 of Article 29; |
| 2. | Persons for whom one year has not yet elapsed since a sentence to a fine or heavier punishment passed pursuant to Article 36 became final and conclusive. |
[This Article Newly Inserted on May 19, 2020]
| Article 23 Deleted. <Jun. 1, 2012> |
| Article 24 (Designation of Certification Agencies for Quality Food) |
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may designate an entity equipped with human resources, facilities, etc. necessary for granting quality food certification, etc. as a certification agency for quality food, etc. in each field and require the entity to certify quality food, etc. and conduct the periodic inspections under Articles 22 (2) and 22-2 (2) (hereinafter referred to as "periodic inspection"): Provided, That where the said Minister intends to require such entity to certify quality food, etc. and conduct periodic inspections for food imported to Korea, he or she may also designate an entity equipped with human resources, facilities, etc. necessary for granting quality food certification, etc. in the exporting country as a certification agency for quality food, etc. <Amended on Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015> |
| (2) | An entity that intends to obtain designation as a certification agency for quality food, etc. pursuant to paragraph (1) shall apply for designation to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries: Provided, That no application shall be filed where two years have not passed since the designation of a certification agency for quality food, etc. was revoked pursuant to Article 24-2 (1). <Amended on Mar. 23, 2013; Jun. 22, 2015> |
| (3) | The period of validity of the designation as a certification agency for quality food, etc. under paragraph (1) shall be five years from the date of designation, and an entity that intends to continue to provide certification services after the period of validity expires shall renew the designation before the expiration of such period of validity. <Amended on Jun. 22, 2015> |
| (4) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may provide a subsidy for certification agencies for quality food, etc. designated pursuant to paragraph (1) or re-designated pursuant to paragraph (3) to cover expenses incurred in engaging in the business of certifying quality food, etc. or in conducting periodic inspections, within budgetary limits. <Amended on Mar. 23, 2013; Jun. 22, 2015> |
| (5) | Standards and procedures necessary for the designation and re-designation of certification agencies for quality food, etc. under paragraphs (1) and (3), and other detailed matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jun. 22, 2015> |
[This Article Wholly Amended on Jul. 21, 2011]
| Article 24 (Designation of Certification Agencies for Quality Food) |
| (1) | The Minister of Agriculture, Food and Rural Affairs may designate an entity equipped with human resources, facilities, etc. necessary for granting quality food certification, etc. as a certification agency for quality food, etc. in each field and require the entity to certify quality food, etc. and conduct the periodic inspections under Articles 22 (2) and 22-2 (2) (hereinafter referred to as "periodic inspection"): Provided, That where the said Minister intends to require such entity to certify quality food, etc. and conduct periodic inspections for food imported to Korea, he or she may also designate an entity equipped with human resources, facilities, etc. necessary for granting quality food certification, etc. in the exporting country as a certification agency for quality food, etc. <Amended on Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| (2) | An entity that intends to obtain designation as a certification agency for quality food, etc. pursuant to paragraph (1) shall apply for designation to the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs: Provided, That no application shall be filed where two years have not passed since the designation of a certification agency for quality food, etc. was revoked pursuant to Article 24-2 (1). <Amended on Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| (3) | The period of validity of the designation as a certification agency for quality food, etc. under paragraph (1) shall be five years from the date of designation, and an entity that intends to continue to provide certification services after the period of validity expires shall renew the designation before the expiration of such period of validity. <Amended on Jun. 22, 2015> |
| (4) | The Minister of Agriculture, Food and Rural Affairs may provide a subsidy for certification agencies for quality food, etc. designated pursuant to paragraph (1) or re-designated pursuant to paragraph (3) to cover expenses incurred in engaging in the business of certifying quality food, etc. or in conducting periodic inspections, within budgetary limits. <Amended on Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| (5) | Standards and procedures necessary for the designation and re-designation of certification agencies for quality food, etc. under paragraphs (1) and (3), and other details, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
[This Article Wholly Amended on Jul. 21, 2011]
[Title Amended on Jun. 22, 2015]
[Enforcement Date: Feb. 19, 2021] Article 24
| Article 24-2 (Revocation of Designation of Certification Agencies for Quality Food) |
| (1) | Where an entity designated as a certification agency for quality food, etc. pursuant to Article 24 (1) (hereinafter referred to as "certification agency for quality food, etc.") falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may revoke such designation or issue an order to fully or partially suspend its business for a prescribed period not exceeding six months: Provided, That the said Minister must revoke such designation in cases falling under subparagraphs 1 or 7: <Amended on Mar. 23, 2013; Jun. 22, 2015> |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | If a safety certification body ceases to meet the standards for designation under Article 24 (5); |
| 3. | Where any food certified as quality food, etc. or that has undergone a period inspection is found not in compliance with certification standards by an investigation, testing, etc. conducted under Article 26 (1) due to the intentional or gross negligence of the certification agency for quality food, etc.; |
| 4. | Where the entity fails to file a report or submit materials required under Article 26 (2), or evades or refuses the entry and inspection of related public officials without good cause; |
| 5. | Where the entity fails to keep and maintain related documents required under Article 26 (3); |
| 6. | Where the entity fails to engage in the business of certifying quality food, etc. or fails to conduct periodic inspections for a continuous period of at least one year without good cause; |
| 7. | Where the entity engages in the business of certifying quality food, etc. or conducts periodic inspections in the period during which its business is suspended, in violation of a suspension order. |
| (2) | Detailed standards for taking dispositions, such as revocation of designation under paragraph (1), shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries, based on the type, severity, etc. of a violation. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jul. 21, 2011]
| Article 24-2 (Revocation of Designation of Certification Agencies for Quality Food) |
| (1) | Where an entity designated as a certification agency for quality food, etc. pursuant to Article 24 (1) (hereinafter referred to as "certification agency for quality food, etc.") falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs may revoke such designation or issue an order to fully or partially suspend its business for a prescribed period not exceeding six months: Provided, That the Minister must revoke such designation in cases falling under subparagraph 1 or 7: <Amended on Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | If a safety certification body ceases to meet the standards for designation under Article 24 (5); |
| 3. | Where any food certified as quality food, etc. or that has undergone a period inspection is found not in compliance with certification standards by an investigation, testing, etc. conducted under Article 26 (1) due to the intentional or gross negligence of the certification agency for quality food, etc.; |
| 4. | Where the entity fails to file a report or submit materials required under Article 26 (2), or evades or refuses the entry and inspection of related public officials without good cause; |
| 5. | Where the entity fails to keep and maintain related documents required under Article 26 (3); |
| 6. | Where the entity fails to engage in the business of certifying quality food, etc. or fails to conduct periodic inspections for a continuous period of at least one year without good cause; |
| 7. | Where the entity engages in the business of certifying quality food, etc. or conducts periodic inspections in the period during which its business is suspended, in violation of a suspension order. |
| (2) | Detailed standards for dispositions such as revocation of designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, in consideration of the types or degrees of violations. <Amended on Mar. 23, 2013; Feb. 18, 2020> |
[This Article Newly Inserted on Jul. 21, 2011]
[Title Amended on Jun. 22, 2015]
[Enforcement Date: Feb. 19, 2021] Article 24-2
| Article 25 (Prohibition of Misconduct) |
No person shall engage in any of the following acts: <Amended on Jul. 21, 2011; Jun. 1, 2012; Mar. 27, 2015; Jun. 22, 2015; Dec. 31, 2018; Feb. 11, 2020>
| 1. | Obtaining designation as a Korean food master by fraud or other improper means; or transferring or lending a document certifying that he or she is a Korean food master, to any third person; |
| 1-2. | Placing the Korean food master label referred to in Article 14 (3) or a similar label on food produced, processed, cooked, etc. by a person who is not a Korean food master; |
| 1-3. | Falsely advertising food produced, processed, cooked, etc. by a person who is not a Korean food master as if it were produced, processed, cooked, etc. by a Korean food master; |
| 1-4. | Act of a person who is not a Korean food master of using the name of a Korean food master: Provided, That cases prescribed in subparagraphs 1-2 and 1-3 shall be excluded herefrom; |
| 1-5. | Act of a person being subsidized under Article 14 (5) of obtaining subsidy by any improper means, such as by submitting a false document; |
| 2. | Obtaining the certification of quality food, etc. by fraud or other improper means; |
| 3. | Placing the label of the certification of quality food, etc. or a similar label (including any label in a foreign language that could mislead people to believe that relevant food is quality food; hereinafter the same shall apply) on any food, restaurant, etc. not certified as quality food, etc.; |
| 4. | Labeling any food, restaurant, etc. not certified as quality food, etc. differently from the details of such certification; |
| 5. | Selling food by combining food certified as quality food, etc. with non-certified food; or storing, transporting, or displaying the combined food for sale; |
| 6. | Selling food; or storing, transporting, or displaying food for sale, knowing that such food is labeled differently from the details of the certification of quality food, etc.; |
| 7. | Selling food with the label of the certification of quality food, etc. or a similar label; or storing, transporting, or displaying such food for sale, knowing that such food is not certified as quality food, etc.; |
| 8. | Falsely advertising food, restaurant, etc. not certified as quality food, etc. as if it were certified as quality food, etc.; |
| 9. | Advertising food, restaurant, etc. certified as quality food, etc. differently from the details of such certification. |
| Article 26 (Follow-up Monitoring of Certification of Quality Food and Certification Agencies for Quality Food) |
| (1) | If deemed necessary to maintain the quality of food certified as quality food, etc. and to protect consumers, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may require a related public official and the responsible person of a certification agency for quality food, etc. to engage in the following activities: <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Jun. 22, 2015> |
| 1. | Investigating whether such food complies with the standards for certifying quality food, etc.; |
| 2. | Inspecting relevant books or documents of persons who has obtained certification; |
| 3. | Conducting testing upon collecting samples of certified food, or requesting testing to a specialized testing and research institute, etc. |
| (2) | If necessary for properly managing the affairs of certification of quality food, etc., the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may require a certification agency for quality food, etc. to file a report or submit materials about the certification of quality food, etc., periodic inspections, or any affair prescribed in paragraph (1) 1 through 3, and may require a related public official to enter the places of business, etc. to inspect relevant documents, facilities, equipment, etc. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013; Jun. 22, 2015; Dec. 31, 2018; Feb. 11, 2020> |
| (3) | Every person who has obtained the certification of quality food, etc. and every certification agency for quality food, etc. shall keep and maintain relevant documents, such as certification review records, and documents about the management of processing facilities, use of food additives, and trade of food certified as quality food, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Jun. 22, 2015> |
| (4) | To conduct an investigation, perusal, collection, or inspection under paragraph (1) or (2) (hereafter in this Article referred to as "investigation, etc."), the date, time, purpose, details, etc. of such investigation, etc. shall be notified to the owner, occupant, or manager of such food or the certification agency for quality food, etc. by no later than three days before such investigation, etc.: Provided, That notification may be omitted where urgency is required or giving prior notice can defeat the purpose of an investigation, etc. <Newly Inserted on Jul. 21, 2011; Jun. 22, 2015> |
| (5) | Persons who conduct an investigation, etc. shall carry a certificate indicating their authority and produce it to interested persons. <Newly Inserted on Jul. 21, 2011; Feb. 11, 2020> |
| (6) | Where an investigation, etc. is conducted, the owner, occupant, or manager of food certified as quality food, etc. or the certification agency for quality food, etc. shall refuse, obstruct, or evade such investigation, etc. without good cause. <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| (7) | Details necessary for the certification of quality food, etc. and the follow-up management of a certification agency for quality food, etc. under paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Feb. 11, 2020> |
| Article 26 (Follow-up Monitoring of Certification of Quality Food and Certification Agencies for Quality Food) |
| (1) | If deemed necessary to maintain the quality of food certified as quality food, etc. and to protect consumers, the Minister of Agriculture, Food and Rural Affairs may require a related public official and the responsible person of a certification agency for quality food, etc. to engage in the following activities: <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| 1. | Investigating whether such food complies with the standards for certifying quality food, etc.; |
| 2. | Inspecting relevant books or documents of persons who has obtained certification; |
| 3. | Conducting testing upon collecting samples of certified food, or requesting testing to a specialized testing and research institute, etc. |
| (2) | If necessary for properly managing the affairs of certification of quality food, etc., the Minister of Agriculture, Food and Rural Affairs may require a certification agency for quality food, etc. to file a report or submit materials about the certification of quality food, etc., periodic inspections, or any affair prescribed in paragraph (1) 1 through 3, and may require a related public official to enter the places of business, etc. to inspect relevant documents, facilities, equipment, etc. <Newly Inserted on Jul. 21, 2011; Mar. 23, 2013; Jun. 22, 2015; Dec. 31, 2018; Feb. 11, 2020; Feb. 18, 2020> |
| (3) | Every person who has obtained the certification of quality food, etc. and every certification agency for quality food, etc. shall keep and maintain relevant documents, such as certification review records, and documents about the management of processing facilities, use of food additives, and trade of food certified as quality food, etc., as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| (4) | To conduct an investigation, perusal, collection, or inspection under paragraph (1) or (2) (hereafter in this Article referred to as "investigation, etc."), the date, time, purpose, details, etc. of such investigation, etc. shall be notified to the owner, occupant, or manager of such food or the certification agency for quality food, etc. by no later than three days before such investigation, etc.: Provided, That notification may be omitted where urgency is required or giving prior notice can defeat the purpose of an investigation, etc. <Newly Inserted on Jul. 21, 2011; Jun. 22, 2015> |
| (5) | Persons who conduct an investigation, etc. shall carry a certificate indicating their authority and produce it to interested persons. <Newly Inserted on Jul. 21, 2011; Feb. 11, 2020> |
| (6) | Where an investigation, etc. is conducted, the owner, occupant, or manager of food certified as quality food, etc. or the certification agency for quality food, etc. shall refuse, obstruct, or evade such investigation, etc. without good cause. <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| (7) | Details necessary for the certification of quality food, etc. and the follow-up management of a certification agency for quality food, etc. under paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Feb. 11, 2020; Feb. 18, 2020> |
[Title Amended on Jun. 22, 2015]
[Enforcement Date: Feb. 19, 2021] Article 26
| (1) | Any of the following persons shall pay fees: <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| 1. | A person who intends to obtain quality certification of traditional food pursuant to Article 22 (1); |
| 1-2. | A person who intends to undergo a periodic inspection as to whether he or she complies with quality certification standards for traditional food pursuant to Article 22 (2); |
| 1-3. | A person who intends to obtain the origin certification pursuant to Article 22-2 (1); |
| 1-4. | A person who intends to undergo a periodic inspection as to whether he or she complies with standards for origin certification pursuant to Article 22-2 (2); |
| 2. | Deleted; < Jun. 1, 2012> |
| 3. | Deleted; < Jul. 21, 2011> |
| 4. | Deleted; < Jun. 1, 2012> |
| 5. | An entity that intends to obtain designation as a certification agency for quality food, etc. pursuant to Article 24 (1); |
| 6. | An entity that intends to renew designation as a certification agency for quality food, etc. pursuant to Article 24 (3). |
| (2) | The amount of the fees referred to in paragraph (1), methods and period of payment, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (1) | Any of the following persons shall pay fees: <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| 1. | A person who intends to obtain quality certification of traditional food pursuant to Article 22 (1); |
| 1-2. | A person who intends to undergo a periodic inspection as to whether he or she complies with quality certification standards for traditional food pursuant to Article 22 (2); |
| 1-3. | A person who intends to obtain the origin certification pursuant to Article 22-2 (1); |
| 1-4. | A person who intends to undergo a periodic inspection as to whether he or she complies with standards for origin certification pursuant to Article 22-2 (2); |
| 2. | Deleted; <Jun. 1, 2012> |
| 3. | Deleted; <Jul. 21, 2011> |
| 4. | Deleted; <Jun. 1, 2012> |
| 5. | An entity that intends to obtain designation as a certification agency for quality food, etc. pursuant to Article 24 (1); |
| 6. | An entity that intends to renew designation as a certification agency for quality food, etc. pursuant to Article 24 (3). |
| (2) | Matters necessary for the amount, method of payment, deadline for payment, etc. of fees under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 27
| Article 28 (Orders to Change Marks) |
| (1) | If the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries deems that the food certified as quality food, etc. violates the certification standards or the labeling methods based on the findings of the investigation or testing conducted under Article 26, or it is impracticable to produce such food or to engage in the food industry, he or she may issue an order to change or suspend the use of the labeling, or suspend the sale of such food. <Amended on Jan. 25, 2010; Mar. 23, 2013; Jun. 22, 2015> |
| (2) | Detailed criteria for administrative measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| Article 28 (Orders to Change Marks) |
| (1) | If the Minister of Agriculture, Food and Rural Affairs deems that the food certified as quality food, etc. violates the certification standards or the labeling methods based on the findings of the investigation or testing conducted under Article 26, or that it is impracticable to produce such food or to engage in the food industry, he or she may issue an order to change or suspend the use of the labeling, or suspend the sale of such food. <Amended on Jan. 25, 2010; Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| (2) | Detailed criteria for administrative measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 28
| Article 29 (Revocation of Certification of Quality Food) |
Where a person who has obtained the certification of quality food, etc. falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the certification agency for quality food, etc. may revoke such certification: Provided, That he or she must revoke the certification if the person falls under subparagraph 1: <Amended on Jan. 25, 2010; Jul. 21, 2011; Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Dec. 31, 2018; Feb. 11, 2020>
| 1. | Where the person was certified by fraud or other improper means; |
| 1-2. | Where the person fails to undergo a periodic inspection without good cause; |
| 2. | Where the person is found to have substantially not in compliance with the certification standards by the periodic inspection or investigation conducted under Article 26; |
| 3. | Where the person fails to comply with an order to change or suspend the use of labeling or to suspend sale issued under Article 28 without good cause; |
| 4. | Where it is deemed impracticable for the person to produce or sell the food certified as quality food, etc. due to the conversion of a type of business or closure of business. |
| Article 29 (Revocation of Certification of Quality Food) |
Where a person who has obtained the certification of quality food, etc. falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs or the certification agency for quality food, etc. may revoke such certification: Provided, That he or she must revoke the certification if the person falls under subparagraph 1: <Amended on Jan. 25, 2010; Jul. 21, 2011; Jun. 1, 2012; Mar. 23, 2013; Jun. 22, 2015; Dec. 31, 2018; Feb. 11, 2020; Feb. 18, 2020>
| 1. | Where the person was certified by fraud or other improper means; |
| 1-2. | Where the person fails to undergo a periodic inspection without good cause; |
| 2. | Where the person is found to have substantially not in compliance with the certification standards by the periodic inspection or investigation conducted under Article 26; |
| 3. | Where the person fails to comply with an order to change or suspend the use of labeling or to suspend sale issued under Article 28 without good cause; |
| 4. | Where it is deemed impracticable for the person to produce or sell the food certified as quality food, etc. due to the conversion of a type of business or closure of business. |
[Title Amended on Jun. 22, 2015]
[Enforcement Date: Feb. 19, 2021] Article 29
| (1) | When a person who has obtained the quality food certification, etc. transfers his or her business or is deceased, or when a certification agency for quality food, etc. is merged with another corporation, the transferee, heir (limited to an heir who intends to continue to produce, import, or distribute food certified as quality food, etc. in the case of quality food certification, etc.) or a corporation surviving or newly established in the course of the merge may succeed to the status of the person who has obtained the quality food certification, etc., or the certification agency for quality food, etc. <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| (2) | Any person who succeeds to the status of a person who has obtained quality food certification, etc. under paragraph (1) shall report such fact to the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the relevant certification agency for quality food, etc. (referring to the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries where designation of the certification agency for quality food, etc. is revoked or its business is suspended), and any entity that succeeds to the status of a certification agency for quality food, etc. shall report such fact to the Minister of Agriculture, Food and Rural Affairs, or the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Jun. 22, 2015> |
| (3) | Details necessary for filing reports under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries. <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| (1) | When a person who has obtained the quality food certification, etc. transfers his or her business or is deceased, or when a certification agency for quality food, etc. is merged with another corporation, the transferee, heir (limited to an heir who intends to continue to produce, import, or distribute food certified as quality food, etc. in the case of quality food certification, etc.) or a corporation surviving or newly established in the course of the merge may succeed to the status of the person who has obtained the quality food certification, etc., or the certification agency for quality food, etc. <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| (2) | Any person who succeeds to the status of a person who has obtained quality food certification, etc. under paragraph (1) shall report such fact to the Minister of Agriculture, Food and Rural Affairs or the relevant certification agency for quality food, etc. (referring to the Minister of Agriculture, Food and Rural Affairs where designation of the certification agency for quality food, etc. is revoked or its business is suspended), and any entity that succeeds to the status of a certification agency for quality food, etc. shall report such fact to the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Jun. 22, 2015; Feb. 18, 2020> |
| (3) | Matters necessary for reporting under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 30
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 31 (Tax Reduction or Exemption) |
| Article 32 (Preferential Purchase of Food with Certification Labels) |
Where the State, a local government, or public institution referred to in Article 4 of the Act on the Management of Public Institutions intends to purchase food, it may preferentially purchase any of the following: <Amended on May 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Jun. 1, 2012; Jul. 30, 2013; Jun. 22, 2015; Aug. 27, 2019; Mar. 24, 2020> | 1. | Products with quality certification of traditional food under Article 22 (1); |
| 4. | Other products certified under the national certification system prescribed by Presidential Decree. |
| Article 33 (Encouragement of Use of Quality Food Materials) |
| (1) | To ensure the stable supply of quality food, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may formulate and implement policies that encourage food business operators to use the following quality and safe food materials: <Amended on Feb. 6, 2009; Jun. 9, 2009; Jan. 25, 2010; May 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Jun. 1, 2012; Mar. 23, 2013; Jul. 30, 2013; Jun. 22, 2015; Nov. 28, 2017; Aug. 27, 2019; Mar. 24, 2020> |
| 1. | Products with quality certification of traditional food under Article 22 (1); |
| 2. | Deleted; <Jun. 1, 2012> |
| 3. | Deleted; <Jun. 9, 2009> |
| 4-3. | Deleted; <Jun. 1, 2012> |
| 5-3. | Deleted; <Jul. 21, 2011> |
| 5-4. | Deleted; <Jul. 21, 2011> |
| 5-5. | Deleted; <Jul. 21, 2011> |
| 9. | Other products certified under the national certification system prescribed by Presidential Decree. |
| (2) | Those eligible for support under the policies to encourage the use of quality food materials pursuant to paragraph (1), the criteria, procedures, and methods for providing support, and other necessary matters, shall be prescribed by Presidential Decree. |
| (3) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may fully or partially subsidize expenses incurred in implementing the policies to encourage the use of quality food materials under paragraph (1). <Amended on Jan. 25, 2010; Mar. 23, 2013> |
| Article 33 (Encouragement of Use of Quality Food Materials) |
| (1) | To ensure the stable supply of quality food, the Minister of Agriculture, Food and Rural Affairs may formulate and implement policies that encourage food business operators to use the following quality and safe food materials: <Amended on Feb. 6, 2009; Jun. 9, 2009; Jan. 25, 2010; May 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Jun. 1, 2012; Mar. 23, 2013; Jul. 30, 2013; Jun. 22, 2015; Nov. 28, 2017; Aug. 27, 2019; Feb. 18, 2020; Mar. 24, 2020> |
| 1. | Products with quality certification of traditional food under Article 22 (1); |
| 2. | Deleted; <Jun. 1, 2012> |
| 3. | Deleted; <Jun. 9, 2009> |
| 4-2. | Deleted; <Feb. 18, 2020> |
| 4-3. | Deleted; <Jun. 1, 2012> |
| 5-3. | Deleted; <Jul. 21, 2011> |
| 5-4. | Deleted; <Jul. 21, 2011> |
| 5-5. | Deleted; <Jul. 21, 2011> |
| 9. | Other products certified under the national certification system prescribed by Presidential Decree. |
| (2) | Those eligible for support under the policies to encourage the use of quality food materials pursuant to paragraph (1), the criteria, procedures, and methods for providing support, and other necessary matters, shall be prescribed by Presidential Decree. |
| (3) | The Minister of Agriculture, Food and Rural Affairs may fully or partially subsidize expenses incurred in implementing the policies to encourage the use of quality food materials under paragraph (1). <Amended on Jan. 25, 2010; Mar. 23, 2013; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 33
| (1) | The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall hold a hearing to take any of the following measures: <Amended on Jul. 21, 2011; Mar. 23, 2013; Mar. 27, 2015; Jun. 22, 2015; Dec. 31, 2018> |
| 1. | Revoking the designation of a specialized institution under Article 9-2 (4); |
| 1-2. | Revoking the designation of a Korean food master under Article 14 (6); |
| 2. | Deleted. <Aug. 27, 2019> |
| 3. | Restricting items of production of the fishery product processing industry, suspending business, or closing the place of business under Article 19-6 (1); |
| 4. | Revoking the designation of a certification agency for quality food, etc. under Article 24-2 (1); |
| 5. | Revoking the certification of quality food, etc. under Article 29. |
| (2) | The head of a Si/Gun/Gu shall hold a hearing to restrict items of production of the fishery product processing industry, suspend business operations, or close a place of business under Article 19-6 (1). <Newly Inserted on Jul. 21, 2011> |
| (3) | If a certification agency for quality food, etc. intends to revoke the certification of quality food, etc. pursuant to Article 29, it shall provide a person who has obtained such certification of quality food, etc. with an opportunity to submit his or her opinion. <Newly Inserted on Jul. 21, 2011; Jun. 22, 2015> |
[This Article Newly Inserted on May 8, 2009]
[Title Amended on Jul. 21, 2011]
| (1) | The Minister of Agriculture, Food and Rural Affairs shall hold a hearing before making a disposition falling under any of the following subparagraphs: <Amended on Jul. 21, 2011; Mar. 23, 2013; Mar. 27, 2015; Jun. 22, 2015; Dec. 31, 2018; Feb. 18, 2020> |
| 1. | Revoking the designation of a specialized institution under Article 9-2 (4); |
| 1-2. | Revoking the designation of a Korean food master under Article 14 (6); |
| 2. | Deleted. <Aug. 27, 2019> |
| 3. | Deleted; <Feb. 18, 2020> |
| 4. | Revoking the designation of a certification agency for quality food, etc. under Article 24-2 (1); |
| 5. | Revoking the certification of quality food, etc. under Article 29. |
| (2) | Deleted. <Feb. 18, 2020> |
| (3) | If a certification agency for quality food, etc. intends to revoke the certification of quality food, etc. pursuant to Article 29, it shall provide a person who has obtained such certification of quality food, etc. with an opportunity to submit his or her opinion. <Newly Inserted on Jul. 21, 2011; Jun. 22, 2015> |
[This Article Newly Inserted on May 8, 2009]
[Title Amended on Jul. 21, 2011]
[Enforcement Date: Feb. 19, 2021] Article 33-2
| Article 34 (Delegation or Entrustment of Authority) |
The authority of the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries vested under this Act may be partly delegated to the Administrator of Rural Development Administration, the Minister of Korea Forest Service, Mayors/Do Governors, or heads of affiliated institutions, or entrusted public institutions, producers’ organizations, or other corporations or organizations related to agriculture, forestry, fisheries or food, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Mar. 23, 2013>
| Article 34 (Delegation or Entrustment of Authority) |
The authority of the Minister of Agriculture, Food and Rural Affairs vested under this Act may be partly delegated to the Administrator of Rural Development Administration, the Minister of Korea Forest Service, Mayors/Do Governors, or heads of affiliated institutions, or entrusted public institutions, producers’ organizations, or other corporations or organizations related to agriculture, forestry or food, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Mar. 9, 2011; Jul. 21, 2011; Mar. 23, 2013; Feb. 18, 2020>
[Enforcement Date: Feb. 19, 2021] Article 34
| Article 35 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions) |
With respect to their official duties, the members of the Council who are not public officials and the executives and employees of certification agencies for quality food, etc. shall be deemed public officials, in applying Articles 129 through 132 of the Criminal Act. <Amended on Jul. 21, 2011; Jun. 22, 2015; Dec. 31, 2018> [Title Amended on Dec. 31, 2018]
CHAPTER VI? PENALTY PROVISIONS
| Article 36 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Jul. 21, 2011; Jun. 22, 2015; Dec. 31, 2018>
| 1. | Any person who places the Korean food master label or a similar label on food produced, processed, cooked, etc. by a person who is not a Korean food master, in violation of subparagraph 1-2 of Article 25; |
| 1-2. | Any person who falsely advertises food produced, processed, cooked, etc. by a person who is not a Korean food master as if it were produced, processed, cooked, etc. by a Korean food master, in violation of subparagraph 1-3 of Article 25; |
| 1-3. | Any person who obtains the certification of quality food, etc. by fraud or other improper means, in violation of subparagraph 2 of Article 25; |
| 2. | Any person who places the label of the certification of quality food, etc. or a similar label on food not certified as quality food, etc., in violation of subparagraph 3 of Article 25; |
| 2-2. | Any person who places the label of the certification of quality food, etc. or a similar label on a restaurant, etc. not granted the certification of quality food, etc., in violation of subparagraph 3 of Article 25; |
| 3. | Any person who labels the certification of quality food, etc. on food certified as quality food, etc. differently from the details of such certification, in violation of subparagraph 4 of Article 25; |
| 3-2. | Any person who labels the certification of quality food, etc. on a restaurant, etc. granted the certification of quality food, etc. differently from the details of such certification, in violation of subparagraph 4 of Article 25; |
| 4. | Any person who sells food by combining food certified as quality food, etc. with non-certified food; or stores, transports, or displays the combined food for sale, in violation of subparagraph 5 of Article 25; |
| 5. | Any person who sells food; or stores, transports, or displays food for sale, knowing that such food is labeled differently from the details of the certification of quality food, etc., in violation of subparagraph 6 of Article 25; |
| 6. | Any person who sells food with the label of the certification of quality food, etc. or a similar label; or stores, transports, or displays such food for sale, knowing that the food is not certified as quality food, etc., in violation of subparagraph 7 of Article 25; |
| 7. | Any person who falsely advertises food, restaurant, etc. not certified as quality food, etc. as if it were certified as quality food, etc., in violation of subparagraph 8 of Article 25; |
| 8. | Any person who advertises food, restaurant, etc. certified as quality food, etc. differently from the details of such certification, in violation of subparagraph 9 of Article 25. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jul. 21, 2011; Jun. 22, 2015> |
| 1. | Any entity that obtains designation as a certification agency for quality food, etc. or renews such designation pursuant to Article 24 (1) or (3) by fraud or other improper means; |
| 2. | Any person who certifies quality food, etc. or conducts a periodic inspection without being designated as a certification agency for quality food, etc. or renewing such designation pursuant to Article 24 (1) or (3); |
| 3. | Any person who certifies quality food, etc. or conducts a periodic inspection after his or her designation has been revoked or received an order to suspend business pursuant to Article 24-2 (1); |
| 4. | Deleted ;<Dec. 31, 2018> |
| 5. | Deleted; <Dec. 31, 2018> |
| 5-2. | Deleted; <Dec. 31, 2018> |
| 6. | Deleted; <Dec. 31, 2018> |
| 6-2. | Deleted; <Dec. 31, 2018> |
| 7. | Any person who fails to comply with an order to change or suspend the use of the label or to suspend sale issued under Article 28 (1). |
| Article 37 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 36, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on Jan. 25, 2010]
| Article 38 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jul. 21, 2011; Mar. 27, 2015; Jun. 22, 2015; Aug. 11, 2015; Dec. 31, 2018> |
| 1. | A person who engages in the business of processing fishery products without filing a report thereon, in violation of Article 19-5 (1); |
| 1-2. | A person who obtains designation as a Korean food master by fraud or other improper means; or transfers or lends a document certifying that he or she is a Korean food master, to a third person, in violation of subparagraph 1 of Article 25; |
| 1-3. | A person who obtains a subsidy by any improper means, such as by submitting a false document, in violation of subparagraph 1-5 of Article 25; |
| 2. | A person who fails to keep and maintain relevant documents, in violation of Article 26 (3); |
| 3. | A person who refuses, obstructs, or evades an investigation, etc., in violation of Article 26 (6) (including cases to which such provisions shall apply mutatis mutandis under Article 14-2 (2)); |
| 4. | A person who fails to report his or her succession to the status of a person who has obtained the certification of quality food, etc. or of a certification agency for quality food, etc., in violation Article 30 (2). |
| (2) | Any person who uses the name of a Korean food master, in violation of subparagraph 1-4 of Article 25, shall be subject to an administrative fine not exceeding three million won. <Newly Inserted on Dec. 31, 2018> |
| (3) | Any person who fails to report any modification, in violation of Article 19-5 (2), shall be subject to an administrative fine not exceeding one million won. <Newly Inserted on Jul. 21, 2011; Dec. 31, 2018> |
| (4) | Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Dec. 31, 2018> |
| Article 38 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jul. 21, 2011; Mar. 27, 2015; Jun. 22, 2015; Aug. 11, 2015; Dec. 31, 2018> |
| 1. | Deleted; <Feb. 18, 2020> |
| 1-2. | A person who obtains designation as a Korean food master by fraud or other improper means; or transfers or lends a document certifying that he or she is a Korean food master, to a third person, in violation of subparagraph 1 of Article 25; |
| 1-3. | A person who obtains a subsidy by any improper means, such as by submitting a false document, in violation of subparagraph 1-5 of Article 25; |
| 2. | A person who fails to keep and maintain relevant documents, in violation of Article 26 (3); |
| 3. | A person who refuses, obstructs, or evades an investigation, etc., in violation of Article 26 (6) (including cases to which such provisions shall apply mutatis mutandis under Article 14-2 (2)); |
| 4. | A person who fails to report his or her succession to the status of a person who has obtained the certification of quality food, etc. or of a certification agency for quality food, etc., in violation Article 30 (2). |
| (2) | Any person who uses the name of a Korean food master, in violation of subparagraph 1-4 of Article 25, shall be subject to an administrative fine not exceeding three million won. <Newly Inserted on Dec. 31, 2018> |
| (3) | Any person who fails to report any modification, in violation of Article 19-5 (2), shall be subject to an administrative fine not exceeding one million won. <Newly Inserted on Jul. 21, 2011; Dec. 31, 2018> |
| (4) | Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 25, 2010; Jul. 21, 2011; Mar. 23, 2013; Dec. 31, 2018; Feb. 18, 2020> |
[Enforcement Date: Feb. 19, 2021] Article 38
ADDENDA <Act No. 8796, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on six months after the date of its promulgation.
Article 2 (Repeal of other Acts)
The Fosterage of Agricultural Products Processing Industry Act is hereby repealed.
Article 3 (Transitional Measures)
| (1) | The designation of items of traditional food, designation of traditional food masters and quality certification of regional food specialties, etc. under the former Fosterage of Agricultural Products Processing Industry Act as at the time this Act enters into force shall be deemed designated or certified under this Act. |
| (2) | Funds provided for any person who locally produces or intends to locally produce processed goods, and any person who runs food service business pursuant to the former Fosterage of Agricultural Products Processing Industry Act as at the time this Act enters into force shall be deemed provided under this Act. |
Article 4 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
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.
ADDENDUM <Act No. 9663, May 8, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9717, May 27, 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. 9759, Jun. 9, 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.
ADDENDUM <Act No. 9951, Jan. 25, 2010>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12-2 shall enter into force on January 1, 2011.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10310, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 10453, Mar. 9, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10889, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 17-2 and 33-2 (1) 2 shall enter into force six months after the date of its promulgation. Article 2 (General Transitional Measures)
Article 3 (Transitional Measures concerning Traditional Fisheries Food Masters)
Article 4 (Transitional Measures concerning Financial Support, etc.)
| (2) | A person who submitted a business plan or obtained approval pursuant to Article 17 (1) of the former Quality Control of Fishery Products Act as at the time this Act enters into force shall be deemed a person who submitted a business plan or obtained approval pursuant to the amended provisions of Article 19-4 (2). |
| (3) | A person who received a lease or was permitted to build or improve permanent structures pursuant to Article 17 (4) of the former Quality Control of Fishery Products Act as at the time this Act enters into force shall be deemed a person who received a lease or was permitted to build or improve permanent structures pursuant to the amended provisions of Article 19-4 (5). |
Article 5 (Transitional Measures concerning Fisheries Product Processing Industry)
Article 6 (Transitional Measures concerning Traditional Fisheries Products)
Traditional fisheries products that obtained quality certification pursuant to Article 6 of the former Quality Control of Fishery Products Act as at the time this Act enters into force shall be deemed traditional food that obtained quality certification pursuant to the amended provisions of Article 22. Article 7 (Transitional Measures concerning Agencies for Quality Food Certification)
An agency for quality food certification designated pursuant to the former provisions as at the time this Act enters into force shall be deemed an agency for quality food certification designated pursuant to the amended provisions of Article 24, and the period of validity for its initial designation shall be five years from the enforcement date of this Act, notwithstanding the amended provisions of Article 24 (3). Article 8 (Transitional Measures concerning Administrative Sanctioning Measures, Penal Provisions, etc.)
In applying administrative sanctioning measures or penal provisions or fines for negligence to acts done before this Act enters into force, the former provisions or the former Quality Control of Fishery Products Act shall govern. Article 9 (Relationship with other Acts and Subordinate Statutes)
ADDENDUM <Act No. 11079, Nov. 14, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11459, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 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. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11989, Jul. 30, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 13257, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 9-2, 13-2, and 33-2 (1) 1 shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13359, Jun. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13466, Aug. 11, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14302, Dec. 2, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15068, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16125, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 7 (2) and 19-3 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability to Recovery and Collection of Subsidies)
The amended provisions of Article 14 (7) and (8) shall apply when the cause prescribed in Article 14 (7) arises after this Act enters into force. Article 3 (Applicability to Grounds for Revoking Certification)
The amended provisions of subparagraph 4 of Article 29 shall also apply to administrative dispositions made against violations committed before this Act enters into force. Article 4 (Transitional Measures concerning Food Masters)
Any food master designated pursuant to the former provisions of Article 14 (1) and any apprentice to a food master selected pursuant to the former provisions of paragraph (7) of the same Article, as at the time this Act enters into force, shall be respectively deemed a Korean food master and an apprentice to a Korean food master prescribed in this Act. Article 5 Omitted.
ADDENDUM <Act No. 16283, Jan. 15, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16551, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 16553, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 16985, Feb. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 (2) and (7) shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures on Name Change)
The corporation established pursuant to the former Article 12-2 as at the time this Act enters into force shall be deemed the Community Media Foundation established pursuant to the amended Article 12-2. Article 3 Omitted.
ADDENDA <Act No. 17037, Feb 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17275, May 19, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Certification of Quality Food)
The amended provisions of Article 22-3 shall begin to apply to the cases where the certification of quality food, etc. is revoked pursuant to Article 29 or where a fine or heavier punishment sentenced to him or her pursuant to Article 36 becomes final and conclusive after this Act enters into force.