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ENFORCEMENT DECREE OF THE SPECIAL ACT ON IMPORTED FOOD SAFETY CONTROL

Presidential Decree No. 26936, Jan. 22, 2016

Amended by Presidential Decree No. 29763, May 14, 2019

Presidential Decree No. 31110, Oct. 8, 2020

Presidential Decree No. 31672, May 4, 2021

Presidential Decree No. 32218, Dec. 14, 2021

Presidential Decree No. 32444, Feb. 15, 2022

Presidential Decree No. 33963, Dec. 12, 2023

Presidential Decree No. 34664, Jul. 2, 2024

Presidential Decree No. 35941, Dec. 23, 2025

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Special Act on Imported Food Safety Control and those necessary for the enforcement thereof.
 Article 1-2 (Scope of food of animal origin)
"Food prescribed by Presidential Decree" in the provisions, with the exception of the items, of subparagraph 1-2 of Article 2 of the Special Act on Imported Food Safety Control (hereinafter referred to as the "Act") means any of the following foods among those that meet the standards and specifications for foods determined and publicly notified by the Minister of Food and Drug Safety pursuant to Article 7(1) of the Food Sanitation Act:
1. Meat and egg products determined and publicly notified by the Minister of Food and Drug Safety, among other meat and egg products;
2. Processed meat products;
3. Processed egg products.
[This Article Added on Dec. 12, 2023]
[Previous Article 1-2 moved to Article 1-3 <Dec. 12, 2023>]
 Article 1-3 (Entrustment of business affairs regarding certification of HACCP-certified foreign facilities for imported food)
The Minister of Food and Drug Safety shall entrust the following business affairs to the Korea Agency of HACCP Accreditation and Services under the Act on the Establishment and Operation of the Korea Agency of HACCP Accreditation and Services pursuant to Article 6-2(6) of the Act: <Amended on Dec. 12, 2023>
1. Analysis of harmful elements for each process or item of HACCP-certified foreign facilities for imported food under the former part of Article 6-2(1) of the Act (hereinafter referred to as "HACCP-certified foreign facility for imported food");
2. Certification, certification for modification, and extension of the period of validity of certification or of certification for modification as a HACCP-certified foreign facility for imported food under Article 6-2(1) through (3) of the Act;
3. Investigation and audit of, among other things, compliance with HACCP under the main clause of Article 6-2(5) of the Act (referring to hazard analysis and critical control points (HACCP) under Article 48(1) of the Food Sanitation Act).
[This Article Added on May 4, 2021]
[Moved from Article 1-2; Previous Article 1-3 moved to Article 1-4 <Dec. 12, 2023>]
 Article 1-4 (Foods subject to special sanitation control)
(1) "Food items prescribed by Presidential Decree" in Article 10-2(1) of the Act means the following food items: <Amended on May 4, 2021>
1. Heads of fish;
2. Intestines of fish and molluscs.
(2) The detailed scope of food items falling under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of Food and Drug Safety.
[This Article Added on May 14, 2019]
[Moved from Article 1-3 <Dec. 12, 2023>]
 Article 2 (Types and scope of business)
Types of business under the subparagraphs of Article 14 (1) of the Act and the scope thereof shall be as specified in the following classification: <Amended on May 14, 2019; Dec. 23, 2025>
1. Business of importing and selling imported food, etc.: Business of importing food and selling imported food, etc.; provided, the foregoing shall not apply to the import of a machine used for collecting, manufacturing, or processing food, etc. referred to in subparagraph 1 of Article 2 of the Act;
2. Declaration agency business for imported food, etc.: Business of filing import declarations required under Article 20(1) of the Act on behalf of and for importers and distributors of imported food, etc. under subparagraph 1 (including business entities deemed registered pursuant to Article 15(6) of the Act);
3. Online purchase agency business for imported food, etc.: Business of importing imported food, etc. by acting as an agent to purchase such imported foods, etc., upon the request of domestic consumers, by such means as placing orders through a cyber mall of a foreign seller (referring to a virtual place of business established to enable transactions of goods, etc. using computers, etc. and information and communications facilities) or placing orders directly with a foreign seller;
4. Business of storing imported food, etc.: Business of storing imported food, etc. subject to import declaration under Article 20(1) of the Act in a facility or place prescribed by Prime Ministerial Decree.
 Article 3 (Matters subject to modified registration)
"Important matter prescribed by Presidential Decree" in the latter part of Article 15(1) of the Act means the location of a place of business.
 Article 4 (Business entities deemed to have obtained registration of business)
"Business entity prescribed by Presidential Decree" in Article 15(6) of the Act means any of the following business entities:
1. A business entity engaged in the business of manufacturing and processing foods under subparagraph 1 of Article 21 of the Enforcement Decree of the Food Sanitation Act, the business of manufacturing food additives under subparagraph 3 of that Article, distribution-specialized sales business under subparagraph 5b3)) of that Article, or the business of manufacturing containers or packages under subparagraph 7 of that Article;
2. A business entity engaged in health functional food manufacturing business under subparagraph 1 of Article 2 of the Enforcement Decree of the Health Functional Foods Act, or health functional food distribution-specialized sales business under subparagraph 3b of that Article;
3. A business entity engaged in the business of processing livestock products under subparagraph 3 of Article 21 of the Enforcement Decree of the Livestock Products Sanitary Control Act, meat packaging business under subparagraph 4 of that Article, or livestock products distribution-specialized sales business under subparagraph 7e of that Article.
 Article 4-2 (Automation of acceptance of import declarations)
The Minister of Food and Drug Safety shall regularly verify whether the automated acceptance of import declarations under Article 20-2(1) of the Act is properly performed.
[This Article Added on Jul. 2, 2024]
 Article 5 (Head of agency under jurisdiction)
"Head of an agency under his or her jurisdiction as prescribed by Presidential Decree" in Article 25(1) of the Act means the commissioner of each Regional Office of Food and Drug Safety.
 Article 6 (Procedures for administrative support)
(1) When the Minister of Food and Drug Safety (including the commissioner of each Regional Office of Food and Drug Safety; hereinafter the same shall apply in this Article) requests, in accordance with Article 25(2) of the Act, the head of a relevant administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu) to provide administrative support, he or she shall formulate a plan regarding areas which need support, details of affairs to be conducted, the formation and operation of a sanitary inspection team, and notify him or her of such plan.
(2) Public officials who perform administrative support services pursuant to paragraph (1) shall provide such support under the direction and supervision of the Minister of Food and Drug Safety.
(3) Expenses incurred in providing administrative support pursuant to paragraph (1) shall be borne by the Minister of Food and Drug Safety.
 Article 6-2 (Request for data for fact-finding surveys on directly purchased imported foods)
The Minister of Food and Drug Safety may request the heads of relevant central administrative agencies to provide the following data pursuant to the former part of Article 25-5(2) of the Act:
1. Data on directly purchased imported food, etc. declared for import pursuant to Article 241(1) of the Customs Act;
2. Information on damage to consumers and results of fact-finding surveys under Article 77(6) of the Framework Act on Consumers;
3. Data on matters to be reported, such as the trade name, address, etc. of a mail order distributor under Article 12(1) of the Act on the Consumer Protection in Electronic Commerce.
[This Article Added on Dec. 12, 2023]
 Article 7 (Revocation of registration)
(1) When the Minister of Food and Drug Safety revokes the registration of a business or orders the suspension of business under Article 29(1) through (3) of the Act, the Minister shall do so by means of a written document stating the grounds for the disposition and the details of the disposition. <Amended on Dec. 23, 2025>
(2) Where the Minister of Food and Drug Safety holds a hearing under subparagraph 2 of Article 32 of the Act or receives a statement of opinion under Article 27 of the Administrative Procedures Act to render a disposition under paragraph (1), he or she shall render a disposition within 14 days from the date he or she completes the procedures for granting the disposition unless there is a compelling reason not to do so.
 Article 8 (Exceptions to procedures for taking measures for closure)
"Urgent reasons prescribed by Presidential Decree" in the proviso to Article 31(3) of the Act means any of the following cases:
1. Where a business entity continues its business, in violation of subparagraphs 1 through 4 of Article 4 of the Food Sanitation Act, subparagraphs 1 through 4 of Article 23 of the Health Functional Foods Act, or Article 33(1)1 through 4 of the Livestock Products Sanitary Control Act;
2. Where a significant hazard to public health, such as zoonosis or foodborne illness, is likely to occur if a business entity continues its business at the place of business, subject to any of the measures taken under Article 31(1) of the Act.
 Article 9 (Criteria for calculation of penalty surcharges imposed in lieu of disposition for suspension of business)
The criteria for calculation of penalty surcharges imposed pursuant to the main clause of Article 33(1) of the Act shall be as specified in Appendix 1.
 Article 10 (Procedures for imposition and payment of penalty surcharges)
(1) Where the Minister of Food and Drug Safety intends to impose a penalty surcharge pursuant to the main clause of Article 33(1) of the Act, he or she shall give written notice of the payment of the penalty surcharge, specifying the type of violation, the amount of the relevant penalty surcharge, etc.
(2) Any person in receipt of notification under paragraph (1) shall pay the penalty surcharge to a collecting agency designated by the Minister of Food and Drug Safety within 20 days from the date of receipt of such notification. <Amended on Jul. 2, 2024>
(3) A collecting agency that has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer and notify the Minister of Food and Drug Safety of the receipt of the penalty surcharge without delay. <Amended on Jul. 2, 2024>
 Article 11 (Persons subject to revocation of imposition of penalty surcharges and other relevant matters)
A person on whom the imposition of a penalty surcharge should be revoked and who should be ordered to suspend his or her business in accordance with the main clause of Article 33(4) of the Act, or from whom a penalty surcharge should be collected in the same manner as delinquent national taxes, shall be a person who fails to pay the penalty surcharge within the deadline for payment and fails to pay such penalty surcharge within 15 days from the date he or she has been urged to pay it once.
 Article 12 (Criteria for calculation of penalty surcharges due to sale of hazardous imported food and other relevant matters)
(1) The amount of a penalty surcharge imposed pursuant to Article 34(1) of the Act shall be 2 times the amount calculated by multiplying the sales volume of the relevant imported food, etc. sold by a person who falls under any of the subparagraphs of that paragraph by the selling price. <Amended on Jul. 2, 2024>
(2) A sales volume under paragraph (1) shall be the quantity calculated by subtracting the quantity of recalled imported food, etc. and the quantity of imported food, etc. actually not sold for reasons of the return, inspection, etc., of imported food, etc. from the quantity of the relevant imported food, etc. shipped from the point in time of the first sale to the point in time of the disclosure of the sale of hazardous imported food, etc.
(3) Where the price fluctuates during the sales period, the selling price under paragraph (1) shall be the price by period of sales.
(4) The Minister of Food and Drug Safety may reduce the amount of penalty surcharges within the scope of 1/2 of the penalty surcharges calculated pursuant to paragraph (1), in consideration of matters referred to in the subparagraphs of Article 34(2) of the Act. <Added on Feb. 2, 2024>
(5) Article 10 shall apply mutatis mutandis to procedures for imposition and payment of penalty surcharges provided for in Article 34(1) of the Act. <Amended on Jul. 2, 2024>
 Article 13 (Publication of violations)
Publication required under Article 35 of the Act shall be made by means of posting the following matters on the website of the Ministry of Food and Drug Safety or in a general daily newspaper distributed nationwide, registered pursuant to Article 9(1) of the Act on the Promotion of Newspapers: <Amended on Jun. 7, 2022>
1. Headline indicating the official announcement of an act violating the Special Act on Imported Food Safety Control;
2. Type of business;
3. Name and location of the place of business and the name of the representative;
4. Name of imported food, etc. (in the case of meat among livestock products, referring to a kind and cut of meat);
5. Date of manufacture, date of import, or use-by date;
6. Details of a violation (including the particular details of a violation and relevant statutes or regulations);
7. Details of an administrative disposition, the date and period of the administrative disposition;
8. Regulatory agency and the date a violation is uncovered.
 Article 13-2 (Criteria and procedures for payment of monetary awards)
(1) The criteria for payment of monetary awards under Article 36-2(1) of the Act shall be the amount determined and publicly notified by the Minister of Food and Drug Safety within the range of following amounts:
1. Reporting on a person who violates Article 15(1) of the Act: 300,000 won;
2. Reporting on a person who violates Article 18 of the Act: 200,000 won;
3. Reporting on a person who violates Article 20(1) of the Act: 300,000 won;
4. Reporting on a person who violates Article 20(2) of the Act: 300,000 won;
5. Reporting on a person who continues business in violation of an order to suspend business issued under Article 29(1) of the Act: 500,000 won.
(2) The Minister of Food and Drug Safety upon receipt of a report under Article 36-2(1) of the Act shall verify the details of the report and determine whether to pay a monetary award within the budget of the relevant year, and upon making a determination to pay the monetary award, he or she shall notify the reporting person of such determination.
(3) If a person upon receipt of a notification of a determination to pay monetary awards under paragraph (2) intends to receive the monetary awards, he or she shall apply for the payment of monetary awards to the Minister of Food and Drug Safety.
(4) No monetary award shall be paid to a person who report on the same details for the same violation on which a report has been already filed under Article 36-2(1) of the Act.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the methods, procedures, etc. for payment of monetary awards shall be determined and publicly notified by the Minister of Food and Drug Safety.
[This Article Added on Feb. 15, 2022]
 Article 13-3 (Support for safety of food, etc. for export)
"Methods prescribed by Presidential Decree" in Article 38(3)3 of the Act means the following:
1. Support for investigation of causes, preparation of improvement measures, etc. requested by the relevant government because food, etc. for export defined in Article 38(1) of the Act (hereinafter referred to as "food, etc. for export") fail to meet the standards set by the foreign government;
2. Support for registering an export facility, etc. under the provisions, with the exception of the subparagraphs, of Article 38(3) of the Act (hereinafter referred to as "export facility, etc.") in a foreign country or for maintaining registration of a registered export facility, etc.;
3. Support for response to an on-site inspection on export facilities, etc. conducted by a foreign government;
4. Support for certification necessary for food, etc. for export to enter into overseas markets.
[This Article Added on Dec. 12, 2023]
 Article 14 (Delegation and entrustment of authority and duties)
(1) The Minister of Food and Drug Safety shall delegate the following authority to the Commissioner of each Regional Office of Food and Drug Safety under Article 40(1) of the Act: <Amended on May 14, 2019; Dec. 14, 2021; Feb. 15, 2022; Jun. 7, 2022; Dec. 12, 2023; Dec. 23, 2025>
1. Registration of business and registration of modification thereof under Article 15(1) of the Act;
2. Receipt of reports of the closure of business and reports of modification thereof under Article 15(3) of the Act;
3. Provision of information on the cancellation of registered matters by official authority and whether a business entity has closed its business under Article 15(4) of the Act;
4. Acceptance of reports of the succession to the status under Article 16(3) of the Act;
4-2. Matters prescribed by Prime Ministerial Decree, among those regarding the control of business entities by classification under Article 19(1) of the Act;
5. Acceptance of import declarations under Article 20(1) of the Act and receipt of reporting on statements of reasons for setting the use-by date and reporting on modification thereof under paragraph (9) of that Article;
6. Inspections conducted under Article 21(1) and (2) of the Act;
7. Registration of traceability of imported food, etc., issuance of dispositions including the revocation of registration, and inspection and assessment under Article 23 of the Act;
8. Orders to undergo education under Article 26(1) of the Act;
9. Corrective orders issued under Article 27 of the Act;
10. Orders to improve facilities under Article 28(1) of the Act;
11. Revocation of the registration of business and issuance of an order to suspend business under Article 29 of the Act;
12. Measures for closure of a place of business, removal of a seal, and removal of a notice, etc. under Article 31(1) and (2) of the Act;
13. Hearings under subparagraph 2 of Article 32 of the Act;
14. Imposition and collection of penalty surcharges under Articles 33 and 34 of the Act;
14-2. Payment of monetary awards under Article 36-2 of the Act;
15. Issuance of health certificates, etc. under Article 38(2) of the Act (excluding the issuance of certificates regarding recognition under Article 15(2) of the Health Functional Foods Act);
16. Support for sanitary management of export facilities, etc. and technical guidance under Article 38(3)2 of the Act;
17. Support duties under Article 13-3(1)1 through 3 of this Decree, among the duties referred to in Article 38 (3) 3 of the Act;
18. Deleted; <Dec. 23, 2025>
19. Imposition and collection of administrative fines under Article 46(1) through (3) of the Act.
(2) Pursuant to Article 40(2) of the Act, the Minister of Food and Drug Safety shall entrust the following affairs to the National Food Safety Information Service under Article 67(1) of the Food Sanitation Act: <Amended on Oct. 8, 2020; Dec. 14, 2021; Dec. 12, 2023; Jul. 2, 2024>
1. Affairs related to registration of a foreign food facility under Article 5(1) through (3) of the Act;
2. The following affairs regarding the traceability of imported food, etc. under Article 23 of the Act:
a. Establishment and operation of an information system for the traceability of imported food, etc.;
b. Education and public relations regarding the traceability of imported food, etc.;
3. Inspection of imported foods, etc. directly purchased under Article 25-4(1) of the Act (excluding imported foods, etc. directly purchased which are likely to contain raw materials and ingredients prescribed by Prime Ministerial Decree);
4. Fact-finding surveys on directly purchased imported foods, etc. under Article 25-5(1);
5. Operation of an integrated information system for imported food under Article 39-2(1) of the Act.
6. Verification of the appropriateness of automated acceptance of import declarations under Article 4-2.
[Title Amended on Feb. 15, 2022]
 Article 15 (Management of personally identifiable information)
If unavoidable to perform the following affairs, the Minister of Food and Drug Safety (including a person delegated with the authority of the Minister of Food and Drug Safety pursuant to Article 14(1)) may manage data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or alien registration numbers under subparagraph 4 of that Article: <Amended on Feb. 15, 2022>
1. Affairs regarding designation, etc. of an Institution for Safety Audit of Imported Food under Article 10 of the Act;
2. Affairs regarding registration, etc. of business under Article 15 of the Act;
3. Affairs regarding succession to business under Article 16 of the Act.
4. Affairs regarding import declaration, etc. under Article 20 of the Act;
5. Affairs regarding inspection of imported goods, etc. under Article 21 of the Act;
6. Affairs regarding access, inspection, collection, etc. under Article 25 of the Act;
7. Affairs regarding the cancellation of registration and suspension of business under Article 29 of the Act;
8. Affairs regarding succession of the effects of administrative dispositions pursuant to Article 30 of the Act;
9. Affairs regarding measures for closure under Article 31 of the Act;
10. Affairs regarding imposition and collection of penalty surcharges under Articles 33 and 34 of the Act;
11. Affairs regarding payment of monetary awards under Article 36-2 of the Act.
 Article 16 (Criteria for imposition of administrative fines)
The criteria for imposition of administrative fines provided for in Article 46(1) through (3) of the Act shall be as specified in Appendix 2. <Amended on Dec. 14, 2021>
ADDENDA <Presidential Decree No. 26936, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on February 4, 2016.
Article 2 (Transitional measures concerning registration of business)
A person who conducts the declaration agency business for imported food, etc. under subparagraph 2 of Article 2, the online purchase agency business for imported food, etc. through the Internet by proxy under subparagraph 3 of that Article, or the business of storing imported food, etc. under subparagraph 4 of that Article, as at the time this Decree enters into force, may conduct the relevant business without the registration thereof required under Article 15(1) of the Act for six months after this Decree enters into force.
Article 3 Omitted.
Article 4 (Relationship to other statutes or regulations)
Where the previous Enforcement Decree of the Food Sanitation Act, the previous Enforcement Decree of the Health Functional Foods Act, the previous Enforcement Decree of the Livestock Products Sanitary Control Act, or any provision thereof is cited by other statutes or regulations, as at the time this Decree enters into force, and this Decree contains any provision corresponding thereto, this Decree or the corresponding provision of this Decree shall be deemed cited in lieu of the previous Enforcement Decree of the Food Sanitation Act, the previous Enforcement Decree of the Health Functional Foods Act, the previous Enforcement Decree of the Livestock Products Sanitary Control Act, or the provision thereof.
ADDENDUM <Presidential Decree No. 29763, May 14, 2019>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 1-2 and 2 and Appendix 2 shall enter into force on June 12, 2019.
ADDENDUM <Presidential Decree No. 31110, Oct. 8, 2020>
This Decree shall enter into force on October 8, 2020.
ADDENDUM <Presidential Decree No. 31672, May 4, 2021>
This Decree shall enter into force on July 1, 2021.
ADDENDUM <Presidential Decree No. 32218, Dec. 14, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32444, Feb. 15, 2022>
This Decree shall enter into force on February 18, 2022.
ADDENDA <Presidential Decree No. 32686, Jun. 7, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, Article 3 of the Addenda shall enter into force on January 1, 2023.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability of administrative dispositions, penalty surcharges, or administrative fines)
The amended provisions of Articles 1 through 61 shall also apply to cases where any administrative disposition or any disposition to impose a penalty surcharge or an administrative fine is made for a violation committed before this Decree enters into force, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 33963, Dec. 12, 2023>
This Decree shall enter into force on June 14, 2024; provided, the amended provisions of Article 13-3 and 14(1) shall enter into force on December 14, 2023.
ADDENDUM <Presidential Decree No. 34664, Jul. 2, 2024>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 12 shall enter into force on July 3, 2024.
ADDENDUM <Presidential Decree No. 35941, Dec. 23, 2025>
This Decree shall enter into force on the date of its promulgation.