| Article 2 (Scope of Mail-Order Sale) |
| Article 3 (Products Subject to Country of Origin Labeling Requirements) |
| (1) | “Agricultural and fishery products or processed products thereof prescribed by Presidential Decree” in the provisions, with the exception of its subparagraphs, of Article 5 (1) of the Act means agricultural and fishery products or processed products thereof falling under any of the following: <Amended on Mar. 23, 2013; Dec. 11, 2018> |
| 1. | Agricultural and fishery products or processed products thereof, which are publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries as such Ministers deem the public notification necessary for establishing order in the distribution of such products and for consumers to make a right choice; |
| (2) | Raw materials contained in a product processed from agricultural and fishery products, which are subject to country of origin labeling requirements under Article 5 (1) 3 of the Act shall be those listed hereunder: Provided, That water, food additives, spirits and saccharides (including products made from saccharides, which are processed with saccharides as the main raw material) shall be excluded from the order of predominance by weight in the processed product and from the list of raw materials subject to country of origin labeling requirements: <Amended on Oct. 10, 2011; Dec. 27, 2012; Mar. 23, 2013; Jan. 28, 2014; Jun. 1, 2015; Feb. 3, 2016; May 29, 2017; Dec. 11, 2018; Mar. 14, 2019> |
| 1. | Raw materials subject to country of origin labeling requirements according to the proportion of raw materials in the processed product: |
| (a) | Where the proportion of a raw material is 98 percent or more in a processed product, such raw material; |
| (b) | Where the sum of the proportions of two raw materials among the raw materials contained in a processed product is 98 percent or more, raw materials ranked first and second highest in order of proportion; |
| (c) | In the cases except for items (a) and (b), raw materials ranked first to third highest in order of proportion; |
| (d) | Notwithstanding items (a) through (c), the following raw materials in the cases of kimchi varieties and cured foods (limited to the foods cured with salt): |
| (i) | In the case of a product in which red pepper powder (where a processed product containing red pepper powder is used, the red pepper powder used in the processed product shall be included; hereinafter the same shall apply) is used among kimchi varieties, raw materials ranked first and second highest in order of proportion in such product except for red pepper powder and salt, plus red pepper powder and salt; |
| (ii) | In the case of a product in which red pepper powder is not used among kimchi varieties, raw materials ranked first and second highest in order of proportion in such product except for salt, plus salt; |
| (iii) | In the case of a cured food, raw materials ranked first and second highest in order of proportion in such food except for salt, plus salt: Provided, That where the proportion of a raw material is 98 percent or more except for salt, such raw material and salt; |
| 2. | Where a compound ingredient is used, which is made from raw materials that are subject to country of origin labeling requirements under subparagraph 1, and are prescribed by the labeling standards under Article 4 of the Act on Labeling and Advertising of Foods, raw materials meeting the standards determined and publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. |
| (3) | Where the name of an agricultural product or fishery product, which is used as a raw material (including the raw material for a processed product; hereafter in this paragraph the same shall apply), is used as the product name or a part thereof when paragraph (2) is applicable, the country of origin of the agricultural product or fishery product used as a raw material shall be subject to country of origin labeling requirements even though such product is not subject to country of origin labeling requirements under the same paragraph: Provided, That where the agricultural product or fishery product used as a raw material falls under any of the following cases, the country of origin labeling of such product may be omitted: <Amended on Jun. 18, 2019> |
| 1. | Where it is not subject to country of origin labeling requirements publicly notified pursuant to paragraph (1) 1; |
| 2. | Where it is used as a raw material for food additives, spirits or saccharides (including products made from saccharides, which are processed with saccharides as the main raw material) in the proviso, with the exception of its subparagraphs, of paragraph (2); |
| (4) | Deleted. <Jun. 1, 2015> |
| (5) | “Where a person sells or offers agricultural products or the processed products thereof prescribed by Presidential Decree after cooking” in Article 5 (3) of the Act means the cases in which the following are sold or offered after having been cooked. In such cases, cooking involves preparation in the raw or natural state, and selling or offering involves selling or offering by delivery: <Amended on Oct. 10, 2011; Dec. 27, 2012; Jan. 28, 2014; Feb. 3, 2016; Jun. 18, 2019; Oct. 29, 2019> |
| 1. | Beef (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply); |
| 2. | Pork (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply); |
| 3. | Chicken meat (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply); |
| 4. | Duck meat (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply); |
| 5. | Lamb (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply); |
| 5-2. | Goat (including milk goat; hereinafter the same shall apply) meat (including raw meat, packaged meat, and processed meat products; hereinafter the same shall apply); |
| 6. | Rice used for cooked rice, porridge, and Nurungji, (including processed rice products; “rice” including glutinous rice, brown rice, and steamed rice; hereinafter the same shall apply); |
| 7. | Nappa cabbage (including winter-grown and spring-grown nappa cabbages) used for nappa cabbage Kimchi and red pepper powder used for nappa cabbage kimchi; |
| 7-2. | Soybean (including processed soybean products; hereinafter the same shall apply) used for tofu (excluding processed tofu and yuba), Kongbiji (meaning pureed soybean soup), and soybean noodles; |
| 8. | Flatfish, rockfish, red sea bream, mudfish, eel, long-arm octopus, walleye pollock (excluding kinds of dried walleye pollock, such as Huangtae and dried pollack; hereinafter the same shall apply), chub mackerel, cutlassfish, squid, blue crab, yellow croaker, tuna, anglerfish, and webfoot octop (including the relevant fishery processed products; hereinafter the same shall apply); |
| 9. | Live fishery products: Those stored and displayed in an aquarium, etc. in order to sell and provide them after cooking. |
| (6) | Processed products, among the products subject to country of origin labeling requirements under paragraph (5), shall indicate the country of origin of main raw materials. In such cases, detailed standards for indicating main raw materials shall be determined and publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and by the Minister of Oceans and Fisheries. <Newly Inserted on Jun. 18, 2019> |
| (7) | Where it is necessary for enhancing the credibility of agricultural products, fishery products and processed products thereof, country of origin may be indicated in the case of agricultural products, fishery products and processed products thereof that are not subject to country of origin labeling requirements under paragraphs (1) through (3), (5) and (6). In such cases, standards for labeling and methods thereof under Article 5 (4) of the Act shall be observed. <Newly Inserted on Jun. 1, 2015; Jun. 18, 2019> |
| Article 4 (Persons Obligated to Indicate Origin) |
“A person who establishes and operates a place of business or a collective catering facility prescribed by Presidential Decree” in Article 5 (3) of the Act means a person who establishes and operates a place of business where he or she operates a rest restaurant business under subparagraph 8 (a) of Article 21 of the Decree of the Food Sanitation Act, a general restaurant business under subparagraph 8 (b) thereof or a entrusted catering service business under subparagraph 8 (e) thereof, or a collective catering facility under Article 2 of the Decree of the same Act.
| Article 5 (Standards for Origin Labeling) |
| (2) | In addition to matters provided for in paragraph (1), other matters necessary for the standards for origin labeling shall be determined and publicly notified jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013> |
| Article 5-2 (Imposition and Collection of Penalty Surcharge) |
| (2) | Where imposing a penalty surcharge pursuant to Article 6-2 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) and the head of a Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply) shall give a person subject to the penalty surcharge a written notice for the payment of the penalty surcharge specifying the type of the relevant violation, the amount of the penalty surcharge, etc. <Amended on Nov. 15, 2016; Dec. 11, 2018; Dec. 31, 2021> |
| (3) | A person in receipt of a notice pursuant to paragraph (2) shall make payment to the collection agency designated by the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu within 30 days from the date of the notice of payment: Provided, That where it is impossible to pay a penalty surcharge within the payment deadline due to any act of God or other unavoidable cause, he or she shall pay it within seven days from the date on which the ground ceases to exist. <Amended on Jun. 30, 2016; Dec. 11, 2018; Dec. 31, 2021> |
| (4) | Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu deems that it is difficult for a person imposed with a penalty surcharge under Article 6-2 (1) of the Act to pay the full amount of the penalty surcharge due to any of the following reasons, he or she may extend the payment deadline or allow the relevant person to pay in installments. In such cases, he or she may have the relevant person provide securities, if deemed necessary: <Newly Inserted on Jun. 30, 2016; Dec. 11, 2018; Dec. 31, 2021> |
| 1. | Where the person has suffered from a significant loss in property due to a disaster, etc.; |
| 2. | Where the person is in a serious crisis in his or her business for deterioration of economic conditions or business conditions; |
| 3. | Where it is expected for the person to be in difficult financial conditions if he or she pays the penalty surcharge at once. |
| (5) | Any person who intends to extend the payment deadline of penalty surcharges or make installment payment under paragraph (4) shall apply to the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu, with documents explaining the grounds for extension of the payment deadline or installment payment, five days before the date of the payment deadline. <Newly Inserted on Jun. 30, 2016; Dec. 11, 2018; Dec. 31, 2021> |
| (6) | The extension of the payment deadline under paragraph (4) may not exceed one year from the day following the payment deadline. <Newly Inserted on Jun. 30, 2016> |
| (7) | Where the person makes installment payment pursuant to paragraph (4), the interval of the payment deadline of each installment may not exceed four months, and the number of installments may not exceed three times. <Newly Inserted on Jun. 30, 2016> |
| (8) | The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu, where a person obligated to pay the penalty surcharge of which payment deadline is extended or installment payment is allowed under paragraph (4) falls under any of the following, may collect the penalty surcharge at once by cancelling the decision of extension of the payment deadline or installment payment: <Newly Inserted on Jun. 30, 2016; Dec. 11, 2018; Dec. 31, 2021> |
| 1. | Where a person does not pay any installment of the penalty surcharge by the deadline; |
| 2. | Where it is deemed that all or part of the penalty surcharge may not be collected due to compulsory execution, commencement of auction, dissolution of a corporation, disposition on delinquent national or local taxes, etc. |
| (9) | A collection agency in receipt of a penalty surcharge pursuant to paragraph (3) shall, without delay, notify the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu of such fact. <Amended on Jun. 30, 2016; Dec. 11, 2018; Dec. 31, 2021> |
| (10) | Matters necessary for the imposition and collection of penalty surcharges, other than those provided for in paragraphs (1) through (9) shall be prescribed by Joint Ordinance of the Ministry of Agriculture, Food and Rural Affairs and the Ministry of Oceans and Fisheries. <Amended on Jun. 30, 2016> |
[This Article Newly Inserted on Jun. 1, 2015]
| Article 6 (Inspection of Country of Origin Labeling) |
| (1) | Where deemed necessary to determine the country of origin of samples collected pursuant to Article 7 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may designate and publicly notify an inspection institution. |
| (2) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may determine and publicly notify the methods of inspecting country of origin and the detailed standards. |
| (3) | Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, or the Mayor/Do Governor evaluates the implementation results, etc. based on their internal plans for the collection and inspection of agricultural products, fishery products or processed products thereof subject to country of origin labeling requirements under Article 7 (6) of the Act (hereinafter referred to as "internal plan"), an evaluation with the focus on the following matters shall be made: |
| 1. | Degree of attainment of objectives of internal plans; |
| 2. | Efficiency in the process of implementation; |
| 3. | Adequacy of utilizing human and financial resources. |
[This Article Wholly Amended on Jun. 18, 2019]
| Article 6-2 (Construction and Operation of Integrated Country of Origin Management System) |
| (1) | In order to efficiently inspect country of origin under Article 7 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may construct and operate an integrated data management system to inspect country of origin labeling (hereinafter referred to as "integrated country of origin management system"). |
| (2) | In order to efficiently operate the distribution history management, etc. of imported agricultural products and processed products thereof, the Minister of Agriculture, Food and Rural Affairs may build and operate a system (hereinafter referred to as "distribution history management system for imported agricultural products, etc.") for integrated management of data on the reporting, follow-up management, etc. of distribution history of the imported agricultural products, etc. subject to distribution history management under Article 10-2 (1) of the Act (hereinafter referred to as "imported agricultural products, etc. subject to distribution history management"). <Newly Inserted on Dec. 31, 2021> |
| (3) | In order to operate the integrated country of origin management system and the distribution history management system for imported agricultural products, etc., the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, the Mayor/Do Governor or the heads of Sis/Guns/Gus to provide information. In such cases, the heads of relevant central administrative agencies in receipt of a request shall comply with such request, unless there exists good reason. <Amended on Dec. 31, 2021> |
[This Article Newly Inserted on Jun. 18, 2019]
[Title Amended on Dec. 31, 2021]
| Article 7 (Disposition against and Publication of Breach of Origin Labeling Rules) |
| 3. | In violation of Article 6 of the Act: An order to rectify, including orders to perform, change, or delete origin labeling, or the prohibition of transactions. |
| (2) | The standards and methods for publication on the websites under Article 9 (2) of the Act shall be as follows: <Newly Inserted on Jan. 25, 2012; Mar. 23, 2013; Nov. 15, 2016; May 29, 2017; Dec. 11, 2018> |
| 1. | Period of publication: 12 months from the date the disposition is definitely determined; |
| 2. | Method for Publication: |
| (a) | Where published on the websites of the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Oceans and Fisheries, the Korea Customs Service, the National Agricultural Products Quality Management Service, the National Fishery Products Quality Management Service, the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, the Special Self-Governing Province (hereinafter referred to as “City/ Do”), Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), and the Korea Comsumer Agency: Publication to enable users to see the content thereof on the front page of the website of any above-mentioned entity concerned; |
| (b) | Where published on the websites of major internet information providers: Publication to enable users to see the content thereof when they type in a search word containing "the country of origin" in the search box of the website of any above-mentioned entity concerned. |
| (3) | “Matters prescribed by Presidential Decree” in Article 9 (3) 5 of the Act means the following: <Amended on Jan. 25, 2012; Mar. 23, 2013; Nov. 15, 2016; Dec. 31, 2021> |
| 1. | Title describing the details of “Publication of violation of the Act on Origin Labeling of Agricultural and Fishery Products”; |
| 4. | The name of the relevant processed agricultural and fishery product; |
| 6. | Person having disposition authority and date of disposition; |
| (4) | “National quarantine and inspection agency prescribed by Presidential Decree” in Article 9 (4) 4 of the Act means the National Fishery Products Quality Management Service. <Newly Inserted on Nov. 15, 2016> |
| (5) | "Major internet information providers" in Article 9 (4) 7 of the Act means the internet information providers which offer portal services (referring to services providing search systems for internet addresses, information, etc., and electronic mail and on-line communities), and the average number of whose daily users is not less than 10 million during the three months preceding the end of the year to which the date of publication (of breach of origin labeling rules) belongs. <Newly Inserted on Jan. 25, 2012; Jun. 1, 2015; Nov. 15, 2016> |
| Article 7-2 (Education of Country of Origin Labeling System of Agricultural and Fishery Products) |
| (1) | Education about the country of origin labeling system of agricultural and fishery products referred to in Article 9-2 (1) of the Act (hereinafter referred to as “education about the country of origin”) shall include the following: |
| 1. | Statutes and regulations, and systems regarding country of origin labeling; |
| 2. | Methods of labeling the country of origin and matters relating to punishing violators. |
| (2) | Duration of the education on the country of origin shall be at least two hours. |
| (3) | The education about the country of origin shall be provided to the persons specified in the subparagraphs of Article 9 (2) of the Act who also fall under the following: <Amended on Jun. 18, 2019; Dec. 31, 2021> |
| 1. | Persons for whom a disposition is imposed under Article 9 (1) of the Act at least twice within a two-year period for failing to indicate the country of origin of agricultural or fishery products, processed products thereof, etc., in violation of Article 5; |
| (4) | Where persons who are to receive education on the country of origin pursuant to paragraph (3) (hereinafter referred to as “persons to receive education on the country of origin”) fall under the grounds specified in Joint Ordinance of the Ministry of Agriculture, Food and Rural Affairs and the Ministry of Oceans and Fisheries, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may allow employees in charge of management of origin labeling who work for the persons to receive education on the country of origin to receive the education on the country of origin instead of the persons to receive education on the country of origin. <Amended on Dec. 11, 2018; Dec. 31, 2021> |
| (5) | The following institutions may provide the education on the country of origin: |
| 2. | Any educational institution or organization jointly selected and publicly notified by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. |
| (6) | Except as provided in paragraphs (1) through (5), matters regarding methods and procedures for education or any other matter necessary for education shall be prescribed by the guidelines for education implementation referred to in Article 9-2 (3) of the Act. |
[This Article Newly Inserted on May 29, 2017]
| Article 7-3 (Follow-up Management of Imported Agricultural and Fishery Products, etc. Subject to Distribution History Management) |
Where collecting and investigating imported agricultural products, etc. subject to distribution history management or inspecting business-related books or documents pursuant to Article 10-3 of the Act, the Minister of Agriculture, Food and Rural Affairs shall formulate a follow-up management plan every year, taking into consideration the type and size of business, transaction type, etc., and shall collect, investigate, or inspect accordingly. [This Article Newly Inserted on Dec. 31, 2021]
| (1) | A reward under Article 12 (1) of the Act may be given up to 10 million won to a reporter or accuser. <Amended on May 29, 2017; Dec. 11, 2018> |
| (2) | No reward shall be granted to any person who makes a report or accusation, the content of which is the same as that of any previous report or accusation under Article 12 (1) of the Act. <Amended on May 29, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), other necessary matters concerning the beneficiary of the rewards and the standards, methods, and procedures for the rewards shall be determined and publicly announced jointly by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; May 29, 2017> |
| Article 9 (Delegation of Authority) |
| (1) | In accordance with Article 13 of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate following authority (excluding the authority under subparagraphs 2-3 and 4-2) regarding agricultural products and processed products thereof to the Director General of the National Agricultural Products Quality Management Service, and the Minister of Oceans and Fisheries shall delegate the following authority (excluding the authority under subparagraphs 2-4 and 7) regarding fishery products and processed products thereof to the Director General of the National Fishery Products Quality Management Service: <Amended on Amended on Jun. 7, 2011; Mar. 23, 2013; Jun. 1, 2015; May 29, 2017; Dec. 11, 2018; Jun. 18, 2019; Dec. 31, 2021; Apr. 27, 2022> |
| 1-2. | Collection and inspection of agricultural or fishery products, or processed products thereof which are subject to country of origin labeling requirements, formulation and implementation of internal plans, evaluation of implementation results, etc. based on internal plans under Article 7 of the Act, and construction and operation of an integrated country of origin management system under Article 6-2 of this Decree; |
| 2-3. | Provision of information related to the origin labeling of fishery products under Article 10 of the Act; |
| 2-4. | Follow-up management of imported agricultural products, etc. subject to distribution history management under Article 10-3 of the Act; |
| 3. | Supervision and management of honorary surveillants and reimbursement of expenses under Article 11 of the Act; |
| 4-2. | Requests for cooperation of administrative agencies, etc. in the use of information, etc. through the electronic data-processing system under Article 13-2 (2) of the Act; |
| 6. | Preparation of methods of inspection of country of origin and of detailed standards under Article 6 (2), and public notification thereof. |
| 7. | Establishment and operation of the distribution history management system for imported agricultural products, etc. under Article 6-2 (2). |
| (2) | The Director General of the National Agricultural Products Quality Management Service and the Director General of the National Fishery Products Quality Management Service may, with approval of the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries respectively, re-delegate part of his or her authority delegated pursuant to paragraph (1) to the heads of the affiliated organizations. In such cases, the Director General of the National Agricultural Products Quality Management Service and the Director General of the National Fishery Products Quality Management Service shall publicly notify the details of such re-delegation. <Amended on Jun. 7, 2011; Mar. 23, 2013; Apr. 27, 2022> |
| (3) | Deleted. <Dec. 31, 2021> |
| (4) | The Commissioner of the Korea Customs Service shall delegate the following authority regarding imported agricultural products, fishery products and processed products thereof to the head of a customs office, pursuant to Article 13 of the Act: <Newly Inserted on May 29, 2017; Dec. 11, 2018; Dec. 31, 2021> |
| 2. | Collection and investigation of agricultural and fishery products or processed products thereof subject to labeling of the country of origin under Article 7 of the Act; |
| (5) | Deleted. <Dec. 11, 2018> |
[Title Amended on Dec. 11, 2018]
| Article 9-2 (Management of Personally Identifiable Information) |
The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service (including persons to whom the authority of the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the Commissioner of the Korea Customs Service is delegated or re-delegated pursuant to Article 9), the Mayor/Do Governor, or the head of a Si/Gun/Gu (including persons to whom the relevant authority has been delegated or re-delegated) may, where it is inevitable for conducting the following affairs, manage any data containing resident registration numbers under subparagraph 1 of Article 19 of the Decree of the Personal Information Protection Act: <Amended on Mar. 23, 2013; Jun. 1, 2015; May 29, 2017; Dec. 11, 2018; Jun. 18, 2019; Dec. 31, 2021; Apr. 27, 2022> | 1-3. | Affairs concerning dispositions and publication regarding violation of country of origin labeling, etc. under Article 9 of the Act; |
| 1-4. | Affairs concerning education following violation of country of origin labeling under Article 9-2 of the Act; |
| 1-5. | Affairs concerning follow-up management of imported agricultural products, etc. subject to distribution history management under Article 10-3 of the Act; |
| 2. | Affairs concerning reports by honorary surveillants and the reimbursement of expenses under Article 11 of the Act; |
| 4. | Affairs concerning the construction and operation of an integrated country of origin management system under Article 6-2 (1); |
| 5. | Affairs concerning the establishment and operation of the distribution history management system for imported agricultural products, etc. under Article 6-2 (2). |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 9-3 (Procedures for Business Cooperation with Administrative Agencies) |
Where, pursuant to Article 13-2 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries or the Commissioner of the Korea Customs Service requests the head of the relevant central administrative agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu to provide cooperation in the use, etc. of information in their electronic data-processing systems, he or she shall specify the following matters in detail: <Amended on Mar. 23, 2013; Dec. 11, 2018> | 1. | Reasons for cooperation; |
| 2. | Period of cooperation; |
| 3. | Methods of cooperation; |
| 4. | Other necessary matters. |
[This Article Newly Inserted on Jan. 25, 2012]
| Article 9-4 (Re-Examination of Regulation) |
The Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries shall review the adequacy of the products subject to the country of origin labeling under Article 3 every three years from January 1, 2022 (meaning before January 1 of every third year) and shall take measures such as making improvements. [This Article Newly Inserted on Mar. 8, 2022]
| Article 10 (Criteria for Imposition of Administrative Fines) |
The criteria for imposition of administrative fines referred to in Article 18 (1) and (2) of the Act shall be as listed in attached Table 2. <Amended on May 29, 2017>
ADDENDA <Presidential Decree No. 22332, Aug. 11, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Case concerning Origin Labeling)
Until December 31, 2011, the country of origin marking of liquor beverages under the Liquor Tax Act shall be governed by the subparagraph 1 (a) and (b) of the column 'origin labeling standards for States or regions where a main raw material was produced' of attached Table 7 of Presidential Decree No. 22198, the Partial Amendment to the Decree of the Liquor Tax. Article 3 (Transitional Measures concerning Citation of Other Statutes and Regulations)
Articles 4 Omitted.
Article 5 (Relationship with Other Statutes and Regulations)
ADDENDA <Presidential Decree No. 22962, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 15, 2011.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 23214, Oct. 10, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Administrative Fines)
Where applying standards for imposition of administrative fines to any violations committed before this Decree enters into force, the previous provisions of attached Table 2 shall apply notwithstanding the amended provisions thereof.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23533, Jan. 25, 2012>
This Decree shall enter into force on January 26, 2012.
ADDENDA <Presidential Decree No. 24258, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Example concerning Origin Labeling of Items of Kimchi Using Red Pepper Powder among Kinds of Kimchi)
The amended provisions of Article 3 (2) 1 (c) shall apply beginning from the first kinds of kimchi which are manufactured and processed after this Decree enters into force. Article 3 (Transitional Measures)
| (1) | Notwithstanding the amended provisions of Article 3 (5) 7, the origin of red pepper powder may not be indicated where Baechu-kimchi is in storage at a place of a food service business or a collective catering facility as at the time this Ordinance takes effect or where it is impossible to identify the country of origin of the red pepper powder which is raw material, due to the use of the products processed from Baechu-kimchi which is in distribution without indicating the origin of the red pepper powder pursuant to Article 2 of this Addenda. |
| (2) | Packaging materials for kinds of kimchi already manufactured at the time this Decree enters into force and which use the red pepper powder indicating the origin may be used for one year from the date this Decree enters into force. In such cases, the origin of the red pepper powder shall be indicated pursuant to the amended provisions of Article 3 (2) 1 (d). |
ADDENDA <Presidential Decree No. 24455, Mar. 23, 2013>
Article 1 (Enforcement Date)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25133, Jan. 28, 2014>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on January 31, 2014. |
Articles 2 through 3 Omitted.
ADDENDUM <Presidential Decree No. 25919, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26294, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 (Transitional Measure concerning Counting of Number with Respect to Imposition of Penalty Surcharge)
Violations of Article 6 (1) or (2) before this Decree enters into force shall not be included in the number of violations under the amended provisions of subparagraph 1 (a) of attached Table 1-2.
ADDENDA <Presidential Decree No. 26941, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Article 2 (Transitional Measures concerning Origin Labeling)
| (1) | Notwithstanding the amended provisions of Article 3 (2) 1, the raw materials of agricultural and fishery processed products under Article 5 (1) 2 of the Act may be indicated with country of origin pursuant to the previous provisions till December 31, 2016 based on manufacturing date. |
| (2) | Notwithstanding the amended provisions of Article 3 (5), any person who establishes and operates a place of business or group meal services which provides food service business under Article 5 (3) of the Act may indicate country of origin till December 31, 2016 pursuant to the previous provisions. |
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27585, Nov. 15, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Transitional Measures concerning Publication)
Notwithstanding the amended Article 7 (3) 7, any person whose disposition under Article 9 (1) of the Act is settled before this Decree enters into force, shall be subject to the previous provisions.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28059, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 3, 2017: Provided, That the amended provisions of Article 7-2, Article 9 (1) 2-2, Article 9 (3) 2-2, subparagraph 1-4 of Article 9-2, Article 10, and subparagraph 2 (h) of attached Table 2 shall enter into force on December 3, 2017. Article 2 (Applicability concerning Persons to Be Educated on Country of Origin)
Article 3 (Applicability concerning Penalty Surcharges Imposed on Inbound Agricultural and Fishery Products including Imported Agricultural and Fishery Products Awaiting Customs Clearance)
The amended provisions of subparagraph 1 (d) and 2 (a) of attached Table 1 shall begin to apply from the first violation after this Decree enters into force.
Article 4 (Applicability concerning Administrative Fines Imposed on Inbound Agricultural and Fishery Products including Imported Agricultural and Fishery Products Awaiting Customs Clearance)
The amended provisions of subparagraph 3 (c) and 4 (c) of attached Table 2 shall begin to apply from the first violation after this Decree enters into force.
Article 5 (Transitional Measures concerning Penalty Surcharges Imposed on Agricultural and Fishery Products and Processed Products Thereof except for Inbound Agricultural and Fishery Products including Imported Agricultural and Fishery Products Awaiting Customs Clearance)
The previous provisions of subparagraph 2 of attached Table 1 shall apply where penalty surcharges are imposed on violations with respect to agricultural and fishery products and processed products thereof except for inbound agricultural and fishery products including imported agricultural and fishery products awaiting customs clearance, committed before this Decree enters into force.
Article 6 (Transitional Measures concerning Imposition of Administrative Fines)
The previous provisions shall apply where administrative fines are imposed on violations under subparagraph 2 (b) (i) and (ii) and subparagraph 4 (d) (i) and (ii) of attached Table 2, committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 29363, Dec. 11, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (2) 1 (d) shall enter into force on January 1, 2020.
ADDENDA <Presidential Decree No. 29622, Mar. 14, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29872, Jun. 18, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Article 2 (Transitional Measures concerning Country of Origin Labeling)
A person who establishes and operates a food service business or a place of mass feeding under Article 5 (3) may indicate the place of origin pursuant to the previous provisions until June 30, 2020, notwithstanding the amended provisions of Article 3 (5). Article 3 (Transitional Measures concerning Education on Country of Origin Labeling System)
| (1) | Where a person has not received education on the system of indicating the country of origin of agricultural or fishery products from among the cases in which he or she has been imposed with any disposition under Article 9 (1) of the Act two times or more for violation of Article 5 of the Act before this Decree enters into force, the previous provisions shall apply to him or her, notwithstanding the amended provisions of Article 7-2 (3) 1. |
Article 4 (Transitional Measures concerning Imposition of Penalty Surcharges)
Where penalty surcharges for violations committed two or more times during a two year period has not been imposed as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of subparagraph 1 (a) and (b) of attached Table 1-2.
ADDENDUM <Presidential Decree No. 30181, Oct. 29, 2019>
This Decree shall enter into force six months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32297, Dec. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32542, Mar. 15, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Standards for Imposition of Administrative Fines)
Administrative fines imposed for violations prior to the enforcement of this Decree shall not be included in the calculation of the number of violations pursuant to the amended provisions of subparagraph 3 (a) 1) of attached Table 2.
ADDENDUM <Presidential Decree No. 32609, Apr. 27, 2022>
This Decree shall enter into force on April 29, 2022.