Article 1(Purpose) #
The purpose of this Act is, by conducting the state inspection of agricultural products (hereinafter referred to as “inspection”), to facilitate the enhancement and improvement of the quality of agricultural products, to promote fair and smooth transactions and reasonable consumption of agricultural products and to contribute to the development of national economy. <Amended by Act No. 1956, Apr. 14, 1967>
Article 2(Definition) #
For the purpose of this Act, the term “agricultural products” means grains, potatoes, cash crops, sericultural products, fruits, vegetables, straw and stalked goods, seeds and seedlings, flowering plants, canned or bottled agricultural products and such other products as belonging to the kinds as prescribed by the Presidential Decree in accordance with the classification of agricultural products. <Amended by Act No. 3667, Dec. 29, 1983>
[This Article Wholly Amended by Act No. 2556, Feb. 26, 1973]
Article 3(Products Subject to Inspection) #
(1) Agricultural products falling under any of the following subparagraphs shall be subject to inspection pursuant to this Act: <Amended by Act No. 1956, Apr. 14, 1967; Act No. 2556, Feb. 26, 1973; Act No. 3667, Dec. 29, 1983>
1. Agricultural products purchased by the Government and agricultural products processing therefrom;
2. Agricultural products grown as seeds in such designated nursery gardens or seedbeds as prescribed by the Seeds of Staple Crops Act;
3. Exported agricultural products, imported agricultural products and processed agricultural products: Provided, That such agricultural products as prescribed by the Presidential Decree shall be excluded;
4. Deleted; <by Act No. 3667, Dec. 29, 1983>
5. Agricultural products offered for joint sale by agricultural organizations and prescribed by the Presidential Decree; and
6. Such other agricultural products as prescribed by the Presidential Decree to meet the needs of transactions.
(2) The owner or purchaser of agricultural products may have the agricultural products which he owns or desires to purchase inspected as prescribed by the Presidential Decree. <Amended by Act No. 1956, Apr. 14, 1967>
(3) Notwithstanding the provisions of paragraph (1), where the agricultural products fall under any of the following subparagraphs, inspection thereof may be exempted: <Amended by Act No. 1956, Apr. 14, 1967; Act No. 3667, Dec. 29, 1983; Act No. 5153, Aug. 8, 1996>
1. Where agricultural products fall short of such volume or weight as prescribed by the Ordinance of the Ministry of Agriculture and Forestry;
2. Where the Government purchases small quantities of agricultural products for special purposes and the Minister of Agriculture and Forestry deems inspection thereof unnecessary; or
3. Where agricultural products are intended for survey, academic research or exhibition or for export or import as trade samples.
(4) Where any person intends to send abroad trade samples exempted from the requirement of inspection pursuant to the provisions of paragraph (3) 3, he shall in advance obtain approval in respect of the samples as determined by the Minister of Agriculture and Forestry. <Newly Inserted by Act No. 1956, Apr. 14, 1967; Act No. 3667, Dec. 29, 1983; Act No. 5153, Aug. 8, 1996>
Article 3-2(Restriction on Transactions) #
For agricultural products subject to inspection pursuant to the provisions of Article 3 (1), restrictions may be imposed on transaction of all or part of such products, under the conditions as prescribed by the Presidential Decree, which have failed to undergo inspection or which have failed to pass the inspection. <Amended by Act No. 3667, Dec. 29, 1983>
[This Article Newly Inserted by Act No. 2556, Feb. 26, 1973]
Article 4 #
Deleted.<by Act No. 2437, Jan. 15, 1973>
Article 4-2(Entrustment of Inspection) #
(1) The Minister of Agriculture and Forestry may, under the conditions as prescribed by the Presidential Decree, entrust an agricultural organization established under a special Act with part of the inspection duty under this Act. <Amended by Act No. 3667, Dec. 29, 1983; Act No. 5153, Aug. 8, 1996>
(2) Agricultural products inspected by the agricultural organization pursuant to the provisions of paragraph (1) shall be regarded as having been inspected under this Act.
(3) The agricultural organization as referred to in paragraph (1) shall be placed under the direction and supervision of the Director of the National Agricultural Products Inspection Office (hereinafter referred to as the “Inspection Director”).
[This Article Newly Inserted by Act No. 2556, Feb. 26, 1973]
Article 5(Place of Inspection) #
The inspection of such agricultural products as prescribed in Article 3 shall be conducted at a place designated by the Inspection Director.
Article 6(Items of Inspection) #
The inspection items of agricultural products shall cover their respective types, brand name, net weight and volume, packing, and quality and grade, etc.. <Amended by Act No. 3667, Dec. 29, 1983>
Article 7(Inspection Specifications) #
(1) The standards of inspection specifications of agricultural products shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry through the deliberations of the Agricultural Products Inspection Deliberation Commission. <Amended by Act No. 2667, Dec. 29, 1983; Act No. 5153, Aug. 8, 1996>
(2) Matters relating to the Agricultural Products Inspection Specifications Deliberation Commission shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>
Article 8(Methods of Inspection) #
The inspection of agricultural products shall be conducted pursuant to such methods as prescribed by the Presidential Decree.
[This Article Wholly Amended by Act No. 2556, Feb. 26, 1973]
Article 9(Inspection Public Officials) #
(1) The inspection of agricultural products shall be conducted by public officials in charge of inspecting agricultural products (hereinafter referred to as “inspection officials”).
(2) The qualifications of inspection officials shall be prescribed by the Presidential Decree. <Amended by Act No. 1956, Apr. 14, 1967>
(3) No inspection official shall inspect the agricultural products of any person with whom he has interest.
(4) Where inspection officials perform their duties, they shall carry a certificate verifying their authorities and present it, if requested by the persons concerned.
Article 10(Procedure of Inspection) #
(1) Inspection shall be conducted upon application by a person who intends to have his agricultural products inspected. <Amended by Act No. 1956, Apr. 14, 1967; Act No. 3667, Dec. 29, 1983>
(2) The applicant for inspection as referred to in paragraph (1) (hereinafter referred to as an “inspection applicant”) shall submit a written inspection application to the competent inspection authority as prescribed by the Ordinance of the Ministry of Agriculture and Forestry: Provided, That the written inspection application may be submitted after inspection in cases where the Presidential Decree so prescribed. <Amended by Act No. 3667, Dec. 29, 1983; Act No. 5153, Aug. 8, 1996>
(3) The inspection applicant shall attach to the agricultural products to be inspected such a tag as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>
Article 11(Inspection Fees) #
(1) When the inspection applicant submits the written inspection application pursuant to the provisions of Article 10 (2), he shall pay such an amount of inspection fees as prescribed by the Presidential Decree: Provided, That inspection fees shall be exempted in respect of such agricultural products as falling under each of under the following subparagraphs: <Amended by Act No. 1956, Apr. 14, 1967>
1. Agricultural products for seeds as prescribed under the Seeds of Staple Crops Act;
2. Agricultural products which are inspected upon such an application for objection under the provisions of Article 18;
3. Agricultural products which are reinspected; and
4. Such other agricultural products as prescribed by the Presidential Decree.
(2) Inspection fees shall be determined within the limit of 5/1000 of the market price of the agricultural products concerned.
(3) Inspection fees paid pursuant to the provisions of paragraph (2) shall not be refunded.
Article 12(Inspection Deadlines) #
The inspection on agricultural products shall be conducted in respect of their respective types within such a period as prescribed by the Presidential Decree.
[This Article Wholly Amended by Act No. 2556, Feb. 26, 1973]
Article 13(Certificate of Inspection) #
(1) Inspection officials shall, under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry, indicate the date, month and year of inspection, class and other necessary matters on the packing or tag of the agricultural products which they have inspected or issue a certificate of inspection to the inspection applicant. <Amended by Act No. 5153, Aug. 8, 1996>
(2) The packings or containers which contain marks as prescribed in paragraph (1) shall not be used again for inspection purposes until after the entries have been effaced.
Article 14(Bearing of Expenses for Inspection, etc.) #
The expenses necessary for the transport, measurement, unpacking, remodelling or others to conduct an inspection or to conduct a checkup or investigation upon request shall be borne by the person who undergoes an inspection, checkup or investigation.
[This Article Wholly Amended by Act No. 1956, Apr. 14, 1967]
Article 15(Suspension of Inspection) #
The inspection applicant or his agent shall witness the inspection, and in cases where he fails to witness it without justifiable reasons, inspection officials may suspend the inspection.
Article 16(Invalidation of Inspection) #
Where inspected agricultural products fall under any of the following subparagraphs, they shall be deemed to have not undergone the inspection: Provided, That this shall not apply in case where the agricultural products no longer fall under subparagraph 2 as a result of such a correction effected pursuant to the provisions of Article 18 (3): <Amended by Act No. 1956, Apr. 14, 1967; Act No. 5153, Aug. 8, 1996>
1. Where the validity term of inspection prescribed by the Ordinance of the Ministry of Agriculture and Forestry expires;
2. Where the marks of inspection are lost, altered or not clear; and
3. Where the packing of the agricultural products that have passed the inspection has been unpacked or remodelled.
Article 17(Cancellation of Passing in Inspection) #
The Inspection Director may, where the agricultural products that have passed the inspection fall under any of the following subparagraphs, cancel the decision on the pass: <Amended by Act No. 3667, Dec. 29, 1983>
1. Where they undergo the inspection by wrongful means;
2. Where they fail to meet the required conditions for the pass by taking illegal means; or
3. Where inspection officials conduct an inspection that considerably falls short of such standards of inspection specifications as prescribed in Article 7 (1).
[This Article Wholly Amended by Act No. 2556, Feb. 26, 1973]
Article 17-2(Hearing) #
Where the Inspection Director intends to cancel the decision on the pass pursuant to Article 17, he shall hold a hearing.
[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]
Article 18(Application for Objection) #
(1) Any person who disagrees with the inspection result may apply for an objection to a superior authority within 10 days from the date of inspection: Provided, That any person who has no interests in the inspection result shall not be entitled to apply for an objection.
(2) Where such an objection as referred to in paragraph (1) has been received, the authority concerned shall decide on its admissibility within five days from its receipt and notify the decision to the person who has applied for an objection.
(3) Where it is necessary to alter the indications of agricultural products or the entries in the certificate of inspection pursuant to the decision reached under paragraph (2), inspection officials shall without delay make a correction on the indications or entries.
Article 19(Examination and Checkup, etc.) #
(1) The Inspection Director may, where he deems it necessary for the envisaged inspection to be conducted pursuant to this Act, require the owner of agricultural products or packing materials, their dealer or processor or their possessor to submit a report on necessary matters or require inspection officials to visit his nursery gardens and seedbeds, shops, warehouses, processing plants and other places to check the agricultural products or packing materials or to examine the objects or documents in question. <Amended by Act No. 1956, Apr. 14, 1967; Act No. 2556, Feb. 26, 1973>
(2) Deleted. <by Act No. 2556, Feb. 26, 1973>
(3) Where such checkups or examinations as referred to in paragraph (1) are intended, a certificate demonstrating his powers shall be presented.
Article 19-2(Movement Ban and Return, etc.) #
The Inspection Director may, in respect of the owner or possessor of agricultural products falling under any of the following subparagraphs, order a ban on the movement of the agricultural products in question or require their return or recall: <Amended by Act No. 3667, Dec. 29, 1983>
1. Agricultural products for which a successful inspection has been cancelled pursuant to the provisions of Article 17; or
2. Agricultural products the distribution of which is deemed harmful as a result of the checkups and examinations conducted pursuant to the provisions of Article 19 (1), for the reasons that the agricultural products not inspected have been found adulterated, that the contents of the agricultural products inspection have degenerated or fail to satisfy such standards of inspection specifications as prescribed in Article 7 (1).
[This Article Newly Inserted by Act No. 2556, Feb. 26, 1973]
Article 20(Penal Provisions) #
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding two million won: <Amended by Act No. 1956, Apr. 14, 1967; Act No. 2556, Feb. 26, 1973>
1. A person who fails to undergo the inspection in violation of the provisions of Article 3 (1) 6;
2. A person who undergoes the inspection by wrongful means;
3. A person who substitutes and alters the packing or contents of the agricultural products inspected; or
4. A person who alters or forges the certificate of inspection or gives false indications on the packing or tag pursuant to the provisions of Article 13 (1).
(2) Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding one million won: <Amended by Act No. 2556, Feb. 26, 1973>
1. A person who violates the provisions of Article 3 (1) 1 through 5;
2. A wholesaler or retailer who trades in agricultural products in violation of the restriction pursuant to the provisions of Article 3-2;
3. and 4. Deleted. <by Act No. 3667, Dec. 29, 1983>
5. A person who, without justifiable reasons, refuses, obstructs or evades such reports, checkups and examinations as prescribed in Article 19 (1) or who makes a false report or statement; or
6. A person who violates an order issued under the provisions of subparagraph 2 of Article 19-2.
Article 21(Joint Penal Provisions) #
Where the representative of a juristic person, or an agent, servant or employee of a juristic person or individual commits such a wrongful act as prescribed in Article 20 in respect of the business of such juristic person or individual, not only the offender shall be punished but the legal or individual shall be punished by such a fine as prescribed in the same provisions. <Amended by Act No. 3667, Dec. 29, 1983>
Article 22(Enforcement Decree) #
Matters necessary for the enforcement of this Act shall be prescribed by the Presidential Decree. <Amended by Act No. 1956, Apr. 14, 1967>