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ACT ON ASSISTANCE IN ENSURING MEAL SERVICE SAFETY IN SOCIAL WELFARE FACILITIES FOR SENIOR CITIZENS AND PERSONS WITH DISABILITIES

Act No. 18360, Jul. 27, 2021

 Article 1 (Purpose)
The purpose of this Act is to prevent any harm to sanitation and improve nutrition by prescribing matters necessary for assisting in the management of group meal services provided to vulnerable groups, such as senior citizens and persons with disabilities, thereby contributing to enhancing the health and quality of lives of vulnerable groups.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term “vulnerable group" means a senior citizen, a person with a disability, or any other person who resides in or uses a social welfare facility defined in subparagraph 4 of Article 2 of the Social Welfare Services Act;
2. The term "social welfare meal service provider" means a meal service provider in a social welfare facility which provides vulnerable groups with group meal services for non-profit purposes: Provided, That a meal place falling under any subparagraph of Article 21 (1) of the Special Act on Safety Management of Children's Dietary Lifestyle shall be excluded herefrom.
 Article 3 (Responsibilities of the State)
(1) The State and a local government shall have responsibilities for assisting in the management of meal services so that vulnerable groups are provided with quality group meal services in a safe manner.
(2) The head of a social welfare meal service provider shall endeavor to provide nutritionally balanced meal services in a sanitary manner.
 Article 4 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, this Act shall apply to assistance in the management of group meal services for vulnerable groups.
 Article 5 (Establishment and Operation of Centers for Social Welfare’s Foodservice Management)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) may establish and operate a center for social welfare’s foodservice management to assist social welfare meal service providers in managing sanitation and nutrition.
(2) Notwithstanding paragraph (1), where a Mayor/Do Governor or the head of a Si/Gun/Gu establishes and operates a center for children’s foodservice management in an area under his or her jurisdiction under Article 21 (1) of the Special Act on Safety Management of Children’s Dietary Lifestyle, he or she shall require such center to perform the affairs of a center for social welfare’s foodservice management under paragraph (3). In such cases, a center for children’s food service management shall be deemed a center for social welfare’s foodservice management.
(3) A center for social welfare’s foodservice management under paragraph (1) shall perform the following affairs:
1. Offering and managing menus for social welfare meal service providers;
2. Providing guidance on the management of sanitation and nutrition of meal services to workers of social welfare meal service providers;
3. Providing workers and users of social welfare meal service providers with education and counseling on dietary lifestyle, such as sanitation and nutrition of meal services;
4. Other affairs prescribed by Ordinance of the Prime Minister to assist social welfare meal service providers in improving sanitation and nutrition.
(4) A center for social welfare’s foodservice management may be established as a corporation or the operation of such center may be entrusted to a food-related corporation, institution, or organization prescribed by Presidential Decree.
(5) The State or a local government may partially subsidize a center for social welfare’s foodservice management under paragraph (1) to cover the expenses incurred in its establishment, operation, etc., as prescribed by Presidential Decree.
(6) The number and qualifications of dietitians and persons in charge of sanitation who work at a center for social welfare’s foodservice management, and other matters necessary for the establishment and operation thereof shall be prescribed by Ordinance of the Prime Minister.
 Article 6 (Establishment and Operation of National Institute of Social Welfare Food and Nutrition Service)
(1) To operate and manage centers for social welfare’s foodservice management in an integrated manner and assist social welfare meal service providers in managing sanitation and nutrition, the Minister of Food and Drug Safety may establish and operate a National Institute of Social Welfare Food and Nutrition Service which performs the following affairs:
1. Developing and disseminating menus and cooking methods for group meal services for vulnerable groups;
2. Researching and developing educational materials, etc. regarding the management of sanitation and nutrition of group meal services for vulnerable groups;
3. Educating and training workers of centers for social welfare’s foodservice management;
4. Establishing and operating an information management system for centers for social welfare’s foodservice management;
5. Providing and promoting information on the management of sanitation and nutrition of group meal services for vulnerable groups;
6. Other affairs determined by the Minister of Food and Drug Safety regarding the management of sanitation and nutrition of group meal services for vulnerable groups.
(2) Notwithstanding paragraph (1), the Minister of Food and Drug Safety may require the National Institute of Food and Nutrition Service established under Article 21 (2) of the Special Act on Safety Management of Children’s Dietary Lifestyle to perform the affairs of the National Institute of Social Welfare Food and Nutrition Service under paragraph (1). In such cases, the National Institute of Food and Nutrition Service shall be deemed the National Institute of Social Welfare Food and Nutrition Service.
(3) The State may fully subsidize the National Institute of Social Welfare Food and Nutrition Service to cover the expenses incurred in its operation, etc., as prescribed by Presidential Decree.
 Article 7 (Supervision over and Guidance to Centers for Social Welfare’s Foodservice Management)
(1) The Minister of Food and Drug Safety and the head of a regional office of food and drug safety may issue a necessary order to the National Institute of Social Welfare Food and Nutrition Service or a center for social welfare’s foodservice management under his or her jurisdiction, such as submission of reports related to its affairs or materials and may require public officials under his or her control to access its office and inspect books, documents, etc., if necessary for supervision.
(2) The Minister of Food and Drug Safety may provide guidance to, conduct an inspection or evaluation of, or take other measures against, centers for social welfare’s foodservice management and social welfare meal service providers that receive assistance from such centers on at least one occasion every year, in order to verify whether the centers assist the providers in managing sanitation and nutrition properly or other relevant matters.
(3) Except as provided in paragraphs (1) and (2), matters necessary for supervision, guidance, etc. with regard to the National Institute of Social Welfare Food and Nutrition Service, centers for social welfare’s foodservice management, and social welfare meal service providers shall be prescribed by Ordinance of the Prime Minister.
 Article 8 (Fact-Finding Surveys)
(1) The Minister of Food and Drug Safety may conduct a fact-finding survey on the current status, etc. of managing meal service providers necessary for assisting social welfare meal service providers in managing sanitation and nutrition.
(2) Where necessary for conducting a fact-finding survey under paragraph (1), the Minister of Food and Drug Safety may request the submission of related materials from the head of a relevant central administrative agency, the head of a local government, the head of a public institution, the head of a social welfare meal service provider, or other related institutions or organizations. In such cases, a person requested to submit materials shall comply with such request unless there is a compelling reason not to do so.
(3) Matters necessary for the scope, methods, etc. of a fact-finding survey under paragraph (1) shall be prescribed by Ordinance of the Prime Minister.
 Article 9 (Registration of Social Welfare Meal Service Providers)
(1) The head of a social welfare meal service provider may file for its registration with the relevant center for social welfare’s foodservice management to receive assistance in the management of sanitation and nutrition of meal services.
(2) Matters necessary for methods, procedures, etc. for registration under paragraph (1) shall be prescribed by Ordinance of the Prime Minister.
 Article 10 (Delegation of Authority)
Part of the authority of the Minister of Food and Drug Safety under this Act may be delegated to the head of a regional office of food and drug safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDUM <Act No. 18360, Jul. 27, 2021>
This Act shall enter into force one year after the date of its promulgation.