AGRICULTURAL AND FISHERY PRODUCTS QUALITY CONTROL ACT

영문법령 불러오는 중…

AGRICULTURAL AND FISHERY PRODUCTS QUALITY CONTROL ACT — 법갈피

Article 3(Establishment of Council on Quality Control of Agricultural and Fishery Products) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall establish the Council on the Quality Control of Agricultural and Fishery Products (hereinafter referred to as the "Council") under his or her jurisdiction to deliberate on matters concerning the quality control of agricultural and fishery products, processed fishery products, etc. under this Act. <Amended on Mar. 23, 2013>

(2) The Council shall be comprised of not more than 60 members, including one chairperson and one vice chairperson.

(3) The chairperson shall be elected by the Council from among its members, and the person appointed by the chairperson from among its members shall be the chairperson.

(4) The following persons shall be members of the Council: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Persons designated by the head of the relevant agency from among public officials belonging to the Ministry of Education, the Ministry of Trade, Industry and Resources, the Ministry of Health and Welfare, the Ministry of Climate, Energy and Environment, the Ministry of Food and Drug Safety, the Ministry of Intellectual Property, the Rural Development Administration, the Korea Forest Service, and the Fair Trade Commission; and persons designated by the Minister of Agriculture, Food and Rural Affairs from among public officials belonging to the Ministry of Agriculture, Food and Rural Affairs, or persons designated by the Minister of Oceans and Fisheries from among public officials belonging to the Ministry of Oceans and Fisheries;

2. Persons appointed by the heads of the following organizations and institutions from among executive officers and employees belonging thereto:

a. The National Agricultural Cooperative Federation under the Agricultural Cooperatives Act;

b. The National Forestry Cooperative Federation under the Forestry Cooperatives Act;

c. The National Federation of Fisheries Cooperatives under the Fisheries Cooperatives Act;

d. The Korea Agro-Fisheries and Food Trade Corporation under the Korea Agro-Fisheries and Food Trade Corporation Act;

e. The Korea Food Industry Association under the Food Sanitation Act;

f. The Korea Rural Economic Institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

g. The Korea Maritime Institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

h. The Korea Food Research Institute under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

i. The Korea Health Industry Development Institute under the Korea Health Industry Development Institute Act;

j. The Korea Consumer Agency under the Framework Act on Consumers;

3. Persons appointed by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries from among persons recommended by civic groups (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);

4. Persons appointed by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries from among persons with professional knowledge of and extensive experience in the fields of production, processing, distribution, or consumption of agricultural and fishery products.

(5) The term of office of members referred to in paragraph (4)3 and 4 shall be three years.

(6) In order to deliberate on the registration of geographical indications of agricultural and fishery products and processed agricultural and fishery products, a subcommittee for deliberation on the registration of geographical indications shall be established in the Council.

(7) In order to efficiently deliberate on matters in a specific field of the affairs of the Council, subcommittees for each field prescribed by Presidential Decree may be established in the Council.

(8) Matters discussed by the subcommittee for deliberation on the registration of geographical indications referred to in paragraph (6) and subcommittees for each field referred to in paragraph (7) shall be deemed discussed by the Council.

(9) The Council may have research fellows to perform investigation of and research on international trends in quality control of agricultural and fishery products. <Added on Apr. 18, 2017>

(10) Except as provided in paragraphs (1) through (9), matters necessary for the organization, operation, etc. of the Council and its subcommittees shall be prescribed by Presidential Decree. <Amended on Apr. 18, 2017>

Article 6(Certification of Good Agricultural Practices) #

(1) The Minister of Agriculture, Food and Rural Affairs shall determine and announce standards for Good Agricultural Practices (hereinafter referred to as "standards for Good Practices"). <Amended on Mar. 23, 2013>

(2) A person who produces and manages agricultural products (excluding livestock products; hereafter the same shall apply in this Article) in accordance with the standards for Good Practices or a person who packages and distributes agricultural products produced and managed in accordance with the standards for Good Practices may obtain certification of Good Agricultural Practices (hereinafter referred to as "certification of Good Practices") from a Good Agricultural Practices certification institution designated pursuant to Article 9 (hereinafter referred to as "Good Practices certification institution").

(3) A person who intends to obtain certification of Good Practices shall file an application for certification of Good Practices with a Good Practices certification institution; provided, none of the following persons shall file an application to obtain certification of Good Practices:

1. A person in whose case one year has not passed since the certification of Good Practices was cancelled pursuant to Article 8(1);

2. A person in whose case one year has not passed since a fine or heavier punishment was determined, in violation of Article 119 or 120.

(4) Where a Good Practices certification institution receives an application for certification of Good Practices pursuant to paragraph (3), it shall examine whether the application meets the standards for Good Practices referred to in paragraph (7) and notify the applicant of the result thereof.

(5) Where a Good Practices certification institution has granted certification of Good Practices pursuant to paragraph (4), it shall examine or inspect whether a person who has obtained the certification of Good Practices observes the standards for Good Practices, and if necessary, it may request him or her to submit data.

(6) A person who has obtained certification of Good Practices may indicate the certification of Good Practices on the packaging, containers, invoices, statements of accounts, signboards, vehicles, etc. of agricultural products produced and managed in accordance with the standards for Good Practices (hereinafter referred to as "Good Practices-certified agricultural products").

(7) Detailed matters necessary for certification of Good Practices, such as the standards for certification of Good Practices, items eligible therefor, procedures therefor, and methods of indication thereof, shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 8(Cancellation of certification of Good Practices) #

(1) Where a Good Practices certification institution discovers the following matters in the process of examination, inspection, request for submission of data, etc. referred to in Article 6(5) after it has granted certification of Good Practices, it may cancel the certification of Good Practices or order the suspension or the correction of the indication of such certification of Good Practices for a fixed period not exceeding three months; provided, it shall cancel the certification of Good Practices in cases falling under subparagraph 1 or 3: <Amended on Dec. 2, 2016; Feb. 18, 2020>

1. Where a person has obtained the certification of Good Practices by fraud or other improper means;

2. Where a person who has obtained the certification of Good Practices fails to meet the standards for Good Practices;

3. Where it is deemed impracticable for a person who has obtained the certification of Good Practices to produce Good Practices-certified agricultural products due to the change of his or her occupation, the closure of business, etc.;

4. Where a person who has obtained the certification of Good Practices fails to comply with an examination, inspection, or request for submission of data under Article 6(5) without good cause;

4-2. Where a person who has obtained the certification of Good Practices violates the methods of indication of certification of Good Practices under Article 6(7);

5. Where a person who has obtained the certification of Good Practices changes an important matter without obtaining approval for change of the certification of Good Practices pursuant to Article 7(4);

6. Where a person who has obtained the certification of Good Practices indicates the certification of Good Practices during the suspension of indication thereof.

(2) Where a Good Practices certification institution has cancelled the certification of Good Practices or suspended the indication thereof pursuant to paragraph (1), it shall notify a person who obtained the certification of Good Practices and the Minister of Agriculture, Food and Rural Affairs thereof without delay. <Amended on Mar. 23, 2013>

(3) Detailed matters necessary for criteria, procedures for, methods, etc. of cancelling certification of Good Practices, etc. shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 9(Designation of Good Practices certification institutions) #

(1) The Minister of Agriculture, Food and Rural Affairs may designate an entity equipped with human resources, facilities, etc. necessary for certifying Good Practices as a Good Practices certification institution and require such institution to fully or partially provide the following services; provided, in certifying Good Practices on imported agricultural products, the Minister of Agriculture, Food and Rural Affairs may also designate a foreign institution that meets the standards established by him or her as a Good Practices certification institution: <Amended on Mar. 23, 2013; Apr. 18, 2017>

1. Good Practices certification;

2. Designation of facilities meeting Good Agricultural Practices under Article 11 (hereinafter referred to as "facilities meeting Good Practices").

(2) A person who intends to be designated as a Good Practices certification institution shall file an application for designation as a Good Practices certification institution with the Minister of Agriculture, Food and Rural Affairs and, where any important matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs has been changed after he or she was designated as a Good Practices certification institution, he or she shall report such change; provided, he or she shall not be entitled to file an application until two years have passed since the designation as a Good Practices certification institution was cancelled pursuant to Article 10. <Amended on Mar. 23, 2013>

(3) The Minister of Agriculture, Food and Rural Affairs shall notify a person who has filed such report of whether the report is accepted within 10 days from the date of receipt of the report on change under the main clause of paragraph (2). <Added on Aug. 27, 2019>

(4) Where the Minister of Agriculture, Food and Rural Affairs fails to notify a person who has filed such report of whether the report is accepted or the extension of the processing period under the statutes related to treatment of civil petitions within the period prescribed under paragraph (3), the report shall be deemed to have been accepted on the following day after the period (referring to the relevant processing period where the processing period is extended or re-extended pursuant to statutes related to treatment of civil petitions) is expired. <Added on Aug. 27, 2019>

(5) The period of validity of the designation of a Good Practices certification institution shall be five years from the date of designation, and a Good Practices certification institution shall renew such designation before the period of validity expires if it intends to continuously conduct affairs of the certification of Good Practices or the designation of facilities meeting Good Practices. <Amended on Apr. 18, 2017; Aug. 27, 2019>

(6) The Minister of Agriculture, Food and Rural Affairs shall inform a person who obtained certification of Good Practices or the designation of facilities meeting Good Practices from a Good Practices certification institution, the designation of which has been cancelled pursuant to Article 10 of such cancellation so that such person may renew, extend the period of validity, or make a change pursuant to Article 7 with another Good Practices certification institution. <Amended on Mar. 23, 2013; Apr. 18, 2017; Aug. 27, 2019>

(7) Detailed matters necessary for standards and procedures for the designation of Good Practices certification institutions, methods of designation thereof, etc. shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Aug. 27, 2019>

Article 10(Cancellation of designation of Good Practices certification institutions) #

(1) Where a Good Practices certification institution falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs may cancel the designation of the Good Practices certification institution or order it to suspend services of the certification of Good Practices or the designation of facilities meeting Good Practices for a fixed period not exceeding six months; provided, where it falls under any of the provisions of subparagraphs 1 through 3, he or she shall cancel the designation of a Good Practices certification institution: <Amended on Mar. 23, 2013; Dec. 2, 2016; Apr. 18, 2017; Aug. 27, 2019>

1. Where it has been designated by fraud or other improper means;

2. Where it provides services of the certification of Good Practices or the designation of facilities meeting Good Practices during the suspension of services;

3. Where it is unable to provide services of the certification of Good Practices or the designation of facilities meeting Good Practices due to its dissolution or bankruptcy;

4. Where it continues to provide services of the certification of Good Practices or the designation of facilities meeting Good Practices without reporting any change to the important matters pursuant to the main clause of Article 9(2);

5. Where a fine or heavier punishment is imposed on an executive officer or employee of a Good Practices certification institution, including the head of such institution, in connection with services of the certification of Good Practices or the designation of facilities meeting Good Practices;

6. Where it fails to meet the standards for designation under Article 9(7);

6-2. Where it fails to comply with the matters to be observed under Article 9-2;

7. Where it provides services of the certification of Good Practices or the designation of facilities meeting Good Practices falsely, such as the misapplication of standards for certification of Good Practices or designation of facilities meeting Good Practices;

8. Where it has no performance record on certification of Good Practices or the designation of facilities meeting Good Practices for at least one year without good cause;

9. Where it fails to comply with a request by the Minister of Agriculture, Food and Rural Affairs without good cause, in violation of Articles 13-2(2) or 31(3);

10. Deleted. <Aug. 27, 2019>

(2) Detailed standards for cancelling designation, etc. under paragraph (1) shall be prescribed by Ministerial Decree for Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 11(Designation of facilities meeting Good Agricultural Practices) #

(1) The Minister of Agriculture, Food and Rural Affairs may require Good Practices certification institutions to designate facilities, the human resources and equipment of which meet the standards prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, among the following facilities, as facilities meeting Good Agricultural Practices for the post-harvest sanitation and safety control of agricultural products: <Amended on Mar. 23, 2013; Apr. 18, 2017; Aug. 26, 2025>

1. Grain processing complexes prescribed in Article 22 of the Grain Management Act;

2. Local distribution centers for agricultural and fishery products prescribed in Article 51 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products;

3. Other facilities for the post-harvest management of agricultural products, determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.

(2) A person who intends to obtain designation as facilities meeting Good Practices pursuant to paragraph (1) shall file an application for designation with a Good Practices certification institution after choosing items of agricultural products he or she intends to manage and, where an important matter prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs has been changed after his or her facilities were designated as facilities meeting Good Practices, he or she shall report such change to the Good Practices certification institution; provided, he or she shall not be entitled to file an application for designation until one year has passed after the designation of facilities meeting Good Practices was cancelled pursuant to Article 12. <Amended on Mar. 23, 2013; Apr. 18, 2017>

(3) Where a Good Practices certification institution receives an application for designation as facilities meeting Good Practices filed or a report on change made under the main clause of paragraph (2), it shall examine whether the applicant meets the standards for Good Practices referred to in paragraph (1) and shall notify the applicant of the result of the designation thereof and whether the report on change is accepted. In such cases, whether the report on change is accepted shall be notified within 10 days from the date of receipt of the report on change. <Added on Apr. 18, 2017; Aug. 27, 2019>

(4) Where a Good Practices certification institution fails to notify a person who has filed such report of whether the report is accepted or the extension of the processing period under the statutes related to treatment of civil petitions within the period prescribed under the latter part of paragraph (3), the report shall be deemed to have been accepted on the following day after the period (referring to the relevant processing period, where the processing period is extended or re-extended pursuant to statutes related to treatment of civil petitions) is expired. <Added on Aug. 27, 2019>

(5) Where a Good Practices certification institution has granted a designation of facilities meeting Good Practices pursuant to paragraph (1), it shall examine or inspect whether such person who obtained the designation of facilities meeting Good Practices observes the standards for facilities meeting Good Practices, and if necessary, it may request such person to submit data. <Added on Apr. 18, 2017; Aug. 27, 2019>

(6) A person who operates facilities meeting Good Practices shall manage agricultural products subject to certification of Good Practices or Good Practices-certified agricultural products in accordance with the standards for Good Practices. <Amended on Apr. 18, 2017; Aug. 27, 2019>

(7) The period of validity of the designation of facilities meeting Good Practices shall be five years, and a person whose facilities have been designated as facilities meeting Good Practices shall renew such designation before the period of validity expires so that the designation of facilities meeting Good Agricultural Practices may remain in effect. <Amended on Apr. 18, 2017; Aug. 27, 2019>

(8) Detailed matters necessary for standards, procedures, etc. for the designation of facilities meeting Good Practices shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Apr. 18, 2017; Aug. 27, 2019>

Article 12(Cancelling designation of facilities meeting Good Practices) #

(1) Where facilities meeting Good Practices fall under any of the following cases, a Good Practices certification institution may cancel the designation thereof or issue, to a person operating such facilities, an order to suspend the implementation of Good Agricultural Practices on agricultural products subject to certification of Good Practices, or a corrective order, for a fixed period not exceeding six months; provided, where such facilities fall under any of the provisions of subparagraphs 1 through 3, he or she shall cancel such designation: <Amended on Mar. 23, 2013; Apr. 18, 2017; Aug. 27, 2019; Feb. 18, 2020>

1. Where it has been designated by fraud or other improper means;

2. Where a person who operates facilities meeting Good Practices implements Good Agricultural Practices during the suspension of services;

3. Where a person who operates facilities meeting Good Practices is unable to implement Good Agricultural Practices due to dissolution or bankruptcy;

4. Where facilities fail to meet the standards for designation under Article 11(1);

5. Where a person who operates facilities meeting Good Practices handles agricultural products subject to certification of Good Practices (including simple processing, such as washing, packaging, storage, trade and sale) without reporting any change to the important matters referred to in the main clause of Article 11(2);

6. Where a fine or heavier punishment has been imposed on an executive officer or employee, including the representative of facilities, in connection with affairs of Good Agricultural Practices;

7. Where a person who has obtained the designation of facilities meeting Good Practices fails to comply with an examination, inspection, or request for submission of date under Article 11(5) without good cause;

8. Where a person who operates facilities meeting Good Practices fails to manage agricultural products subject to certification of Good Practices or Good Practices-certified agricultural products in accordance with the standards for Good Practices, in violation of Article 11(6);

9. Deleted. <Aug. 27, 2019>

(2) Detailed matters, such as criteria, procedures, etc. for the cancellation of designation and the suspension of services under paragraph (1), shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 13(Reporting, inspections related to Good Agricultural Practices) #

(1) If the Minister of Agriculture, Food and Rural Affairs deems it necessary for Good Agricultural Practices, he or she may require a Good Practices certification institution, a person operating facilities meeting Good Practices, or a person who has obtained certification of Good Practices to report matters (including where it or he or she reports matters utilizing the information and communications network prescribed in the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply) or submit data (including where it or he or she submits data utilizing the information and communications network prescribed in the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply) concerning its or his or her affairs, or may order the relevant public officials to visit its or his or her office, etc. to inspect facilities, equipment, etc. or examine related books of account or documents. <Amended on Mar. 23, 2013>

(2) When the Minister of Agriculture, Food and Rural Affairs requires a Good Practices certification institution, or a person who operates facilities meeting Good Practices, or who has obtained certification of Good Practices to report matters or submit data, or orders the relevant public officials to inspect its or his or her facilities, equipment, etc. or examine related books of account or documents under paragraph (1), it,he, or she shall not refuse, hinder, or evade such reporting, submission of data, inspection, or examination without good cause.

(3) When the Minister of Agriculture, Food, and Rural Affairs conducts an inspection or examination pursuant to paragraph (1), he or she shall notify a person subject to inspection or examination of the date and time of inspection or examination, the purposes thereof, the subject matters thereof, etc. in advance; provided, this shall not apply in cases of emergency or where prior notice may defeat the purposes of such inspection or examination.

(4) The relevant public official who inspects facilities, equipment, etc. or examines related books of account or documents pursuant to paragraph (1) shall carry an identification card indicating his or her authority and produce it to persons concerned and produce a document stating his or her name, time, purposes of visit, etc. to persons concerned.

Article 17(Designation of quality certification institutions) #

(1) The Minister of Oceans and Fisheries may entrust corporations or organizations designated by him or her to examine or certify the conditions of the production of fishery products and the quality and safety thereof (hereinafter referred to as "quality certification institution") with affairs pertaining to quality certification prescribed in Articles 14 through 16. <Amended on Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may subsidize the following organizations, etc. designated as a quality certification institution pursuant to paragraph (1) so that fishermen may improve the quality of fishery products and systematically implement quality control for themselves: <Amended on Mar. 23, 2013>

1. Organizations of fishery producers (referring to organizations of fishermen only);

2. Corporations related to business of producing processed fishery products (referring to corporations provided for only in Article 32 of the Civil Act).

(3) A corporation or organization that intends to be designated as a quality certification institution shall file an application for designation with the Minister of Oceans and Fisheries after being equipped with facilities and human resources necessary to conduct affairs for quality certification, and when an important matter prescribed by Decree of the Ministry of Oceans and Fisheries has been changed after it was designated as a quality certification institution, it shall report such change; provided, it shall not be entitled to file an application for designation until two years have passed after the designation as a quality certification institution was cancelled pursuant to Article 18. <Amended on Mar. 23, 2013>

(4) The Minister of Oceans and Fisheries shall notify a person who has filed such report of whether the report is accepted within 10 days from the date of receipt of the report on change under the main clause of paragraph (3). <Added on Feb. 18, 2020>

(5) Where the Minister of Oceans and Fisheries fails to notify a person who has filed such report of whether the report is accepted or the extension of the processing period under the statutes related to treatment of civil petitions within the period prescribed under paragraph (4), the report shall be deemed to have been accepted on the following day after the period (referring to the relevant processing period where the processing period is extended or re-extended pursuant to statutes related to treatment of civil petitions) is expired. <Added on Feb. 18, 2020>

(6) Matters necessary for criteria and procedures for designation of quality certification institutions, the scope of services for quality certification, etc. shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Feb. 18, 2020>

Article 18(Cancellation of designation of quality certification institution) #

(1) Where a quality certification institution falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation thereof or order it to suspend all or part of the quality certification services for a fixed period not exceeding six months; provided, where it falls under any of subparagraphs 1 through 4 and 6, he or she shall cancel the designation thereof: <Amended on Mar. 23, 2013; Feb. 18, 2020>

1. Where it is designated as a quality certification institution by fraud or other improper means;

2. Where it provides quality certification services during the suspension of services;

3. Where it is subject to disposition of the suspension of services on at least twice occasions during the last three years;

4. Where it is unable to provide quality certification services due to its closure of business, dissolution or bankruptcy;

5. Where it continues to provide quality certification services without reporting a change pursuant to the main clause of Article 17(3);

6. Where it fails to meet the standards for designation within one month after receipt of an order to meet such standards because it breaches the standards prescribed in Article 17(6);

7. Where it provides quality certification services, in violation of the scope of services prescribed in Article 17(6);

8. Where it allows another person to provide quality certification services using its name or trade name, or lends another person a written designation of quality certification institution;

9. Where it harms the public interest because it fails to conscientiously provides quality certification services, or fabricates the result of examination for quality certification;

10. Where it has no performance record on quality certification for at least one year without good cause.

(2) Detailed standards for the cancellation of designation and the suspension of services under paragraph (1) shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 24(Traceability) #

(1) Among the following persons, a person who intends to implement traceability shall register with the Minister of Agriculture, Food and Rural Affairs: <Amended on Mar. 23, 2013; Mar. 27, 2015>

1. A person who produces agricultural products (excluding livestock products; hereafter the same shall apply in this Section);

2. A person who distributes or sells agricultural products (excluding a person who distributes or sells agricultural and fishery products without changing indications or packaging; hereinafter the same shall apply).

(2) Notwithstanding paragraph (1), a person who produces, distributes, or sells agricultural products prescribed by Presidential Decree shall register his or her traceability system with the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Mar. 27, 2015>

(3) A person whose traceability system has been registered pursuant to paragraph (1) or (2) shall report the change of the registered matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs to the Minister of Agriculture, Food and Rural Affairs within one month from the date a ground for such change arises. <Amended on Mar. 23, 2013; Mar. 27, 2015>

(4) The Minister of Agriculture, Food and Rural Affairs shall notify a person who has filed such report of whether the report is accepted within 10 days from the date of receipt of the report on change under paragraph (3). <Added on Mar. 27, 2019>

(5) Where the Minister of Agriculture, Food and Rural Affairs fails to notify a person who has filed such report of whether the report is accepted or the extension of the processing period under the statutes related to treatment of civil petitions within the period prescribed under paragraph (4), the report shall be deemed to have been accepted on the following day after the period (referring to the relevant processing period where the processing period is extended or re-extended pursuant to statutes related to treatment of civil petitions) is expired. <Added on Aug. 27, 2019>

(6) A person whose traceability system has been registered pursuant to paragraph (1) may affix a traceability label to the relevant agricultural products, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs, and a person whose traceability system has been registered pursuant to paragraph (2) shall affix a traceability label to the relevant agricultural products. <Amended on Mar. 23, 2013; Mar. 27, 2015; Aug. 27, 2019>

(7) A person who produces, distributes, or sells agricultural products registered pursuant to paragraph (1) and agricultural products under paragraph (2) (hereinafter referred to as "traceable agricultural products") shall meet the standards determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs (hereinafter referred to as "standards for traceability"), such as recording and keeping the details of warehousing, delivery from a warehouse, and management necessary for traceability; provided, this shall not apply to a person prescribed by Presidential Decree who distributes or sells traceable agricultural products, such as peddlers and stall holders. <Amended on Mar. 23, 2013; Mar. 27, 2015; Aug. 27, 2019>

(8) The Minister of Agriculture, Food and Rural Affairs may fully or partially subsidize expenses incurred in managing the traceability system by a person whose traceability system has been registered pursuant to paragraph (1) or (2). <Added on May 20, 2014; Mar. 27, 2015; Aug. 27, 2019>

(9) The Minister of Agriculture, Food and Rural Affairs may disclose traceability information of the agricultural products of a person whose traceability system has been registered under paragraph (1) or (2). In such cases, it shall be ensured that consumers can easily access the traceability information, such as by using a mobile phone. <Added on Jun. 10, 2022>

(10) Items subject to traceability, procedures for registration, matters to be registered, and other detailed matters necessary for registration, and matters necessary for the disclosure of traceability information under paragraph (9) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; May 20, 2014; Mar. 27, 2015; Aug. 27, 2019; Jun. 10, 2022>

Article 29(Prohibition of false labeling) #

(1) No person shall do any of the following acts: <Amended on Mar. 24, 1014; Mar. 27, 2015>

1. Affixing a label indicating standardized products, Good Practices-certified agricultural products, quality-certified products, or traceable agricultural products (hereinafter referred to as "products labeled good") or any similar label to agricultural and fishery products (including agricultural products not approved pursuant to Article 7(4), in cases of agricultural products not bearing Good Practices certification) or processed agricultural and fishery products, though they are not products to be labeled good;

2. Advertizing agricultural and fishery products (including agricultural products not approved pursuant to Article 7(4), in cases of agricultural products not bearing Good Practices certification) or processed agricultural and fishery products as products labeled good, though they are not products labeled good, or advertizing such products to be misled as products labeled good.

(2) No person shall do any of the following acts: <Amended on Mar. 24, 1014; Mar. 27, 2015; Nov. 28, 2017; Aug. 27, 2019>

1. Selling agricultural and fishery products labeled as standardized products pursuant to Article 5(2) mixed with agricultural and fishery products or processed agricultural and fishery products not standardized, or storing or displaying such products for sale, mixed with agricultural and fishery products labeled as standardized products;

2. Selling agricultural products labeled as Good Practices-certified products pursuant to Article 6(6) mixed with agricultural products (including agricultural products not approved under Article 7(4)) or processed agricultural products not certified, or storing or displaying such products for sale, mixed with agricultural products labeled as Good Practices-certified products;

3. Selling fishery products or indigenous fishery products labeled as quality-certified products pursuant to Article 14(3) mixed with fishery products not certified, or storing or displaying such products for sale, mixed with fishery products labeled as quality-certified products;

4. Deleted. <Jun. 1, 2012>

5. Selling agricultural products labeled as traceable products pursuant to Article 24(6) mixed with agricultural products or processed agricultural products for which traceability has not been registered, or storing or displaying such products for sale, mixed with agricultural products labeled as traceable products.

Article 31(Corrective measures for products labeled good) #

(1) Where standardized products or quality-certified products fall under any of the following cases, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may order a person who produces, distributes, or sells such products to take corrective measures, or may take measures to prohibit sale of the relevant products or to suspend the indication thereof, as prescribed by Presidential Decree: <Amended on Jun. 1, 2012; Mar. 23, 2013; Mar. 27, 2015; Dec. 2, 2016; Feb. 18, 2020>

1. Where such products fail to meet the standards indicated on the relevant label or criteria for the relevant certification or registration;

2. Where it is deemed impracticable for him or her to produce the relevant products due to the change of occupation, the closure of business, etc.;

3. Where he or she violates the relevant method of indication.

(2) If Good Practices-certified agricultural products fail to meet the standards for Good Practices or violate methods of indication under Article 6(7) as a result of inspection, etc. conducted pursuant to Article 30, the Minister of Agriculture, Food and Rural Affairs may order distributors of Good Practices-certified agricultural products to take measures to remove or change the indication of certification of Good Practices of the relevant products or to prohibit sale thereof, and if such products fall under any subparagraph of Article 8(1), the Minister of Agriculture, Food and Rural Affairs shall request the relevant Good Practices certification institution to take measures falling under any of the following pursuant to Article 8: <Amended on Mar. 23, 2013; Dec. 2, 2016; Aug. 27, 2019>

1. Cancellation of the certification of Good Practices;

2. Suspension of the indication of certification of Good Practices;

3. An order to take corrective measures.

(3) Upon receipt of a request referred to in paragraph (2), a Good Practices certification institution shall comply therewith and report the results thereof to the Minister of Agriculture, Food and Rural Affairs without delay. <Amended on Mar. 23, 2013>

(4) In cases falling under paragraph (2), where a new Good Practices certification institution is not designated pursuant to Article 9(1) or the relevant Good Practices certification institution is suspended from its business after the designation of a Good Practices certification institution was cancelled pursuant to Article 10, the Minister of Agriculture, Food and Rural Affairs may take measures provided for in each of the subparagraphs of Article 2. <Amended on Mar. 23, 2013; Dec. 2, 2016; Aug. 27, 2019>

[Title Amended on Mar. 24, 2014]

Article 32(Registration of geographical indications) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall implement a geographical indication registration system to improve the quality of agricultural and fishery products or processed agricultural and fishery products having geographical characteristics, to foster regional specialty industries, and to protect consumers. <Amended on Mar. 23, 2013>

(2) Only a corporation comprised of persons who produce, manufacture, or process agricultural and fishery products or processed agricultural and fishery products having geographical characteristics in a specific region may apply for registration of a geographical indication under paragraph (1); provided, if only one person produces or processes a specific agricultural or fishery product or processed agricultural or fishery product having geographical characteristics, such person may solely apply for registration thereof.

(3) A person who falls under paragraph (2) and intends to register a geographical indication under paragraph (1) shall file an application for registration to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries in the form prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries, along with annexed documents prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries. The same shall apply where he or she intends to change important matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries among registered matters. <Amended on Mar. 23, 2013>

(4) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, in receipt of an application for registration pursuant to paragraph (3), shall determine to make an official announcement of an application for registration of a geographical indication (hereinafter referred to as "determination to make an official announcement") where no grounds for the rejection of registration under paragraph (9) exist after deliberation by the subcommittee for deliberation on the registration of geographical indications under Article 3 (6). In such cases, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall hear the opinion of the MInister of Intellectual Property in advance as to whether a geographical indication which is the subject matter of application for registration conflicts with another person's trademark (including a collective mark of geographical indication; hereinafter the same shall apply) under the Trademark Act. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(5) When the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries determines to make an official announcement, he or she shall give public notice of the details of such determination in the Official Gazette and put them on the website, and make an application for registration of a geographical indication and documents annexed thereto available for public inspection for two months from the date of the official announcement. <Amended on Mar. 23, 2013>

(6) Any person may file a formal objection with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries along with a document stating grounds for the formal objection and evidence within two months from the date of an official announcement made under paragraph (5). <Amended on Mar. 23, 2013>

(7) In the following cases, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall determine to register a geographical indication and notify an applicant of such determination: <Amended on Mar. 23, 2013>

1. When he or she receives a formal objection filed under paragraph (6), where he or she determines, following deliberation by the subcommittee for deliberation on the registration of geographical indications under Article 3(6), that no justifiable grounds exist for the rejection of registration;

2. Where no formal objection is filed within the period under paragraph (6).

(8) When the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries has accepted the registration of a geographical indication, he or she shall issue a certificate of registration of the geographical indication to a person entitled to the geographical indication. <Amended on Mar. 23, 2013>

(9) If an application for registration of a geographical indication filed under paragraph (3) falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall determine the rejection of registration and notify the applicant thereof: <Amended on Mar. 23, 2013>

1. Where another application for registration has already been filed pursuant to paragraph (3) or a geographical indication which is the subject matter of application for registration is identical or similar to a third person's geographical indication registered pursuant to paragraph (7);

2. Where a geographical indication which is the subject matter of application for registration is identical or similar to a third person's trademark for which an application has already been filed or registered in accordance with the Trademark Act;

3. Where a geographical indication which is the subject matter of application for registration is identical or similar to a third person's trademark or geographical indication widely known in the Republic of Korea;

4. Where a geographical indication which is the subject matter of application for registration falls under a general term (referring to the names of agricultural and fishery products or processed agricultural and fishery products which have become a common noun because their names have been used for a long time even though such names are originally related to a place of production or place of sale);

5. Where a geographical indication which is the subject matter of application for registration does not fit in the definition of the geographical indication under Article 2(1)8 or homonymic geographical indication under subparagraph 9 of the same paragraph;

6. Where an applicant for registration of a geographical indication prohibits persons who produce, manufacture or process agricultural and fishery products or processed agricultural and fishery products eligible for such geographical indication for business purposes, from becoming members of an organization or does not substantially allow them to become members of the organization by stipulating the strict membership conditions.

(10) Matters necessary for items eligible for registration of geographical indications, eligible regions, qualifications for application, procedures for deliberation or public announcement, procedures for filing formal objections, detailed criteria for grounds for rejecting registrations, etc. pursuant to paragraphs (1) through (9) shall be prescribed by Presidential Decree.

Article 34(Rights to use geographical indications) #

(1) A person who has registered a geographical indication (hereinafter referred to as "person entitled to a geographical indication") pursuant to Article 32(7) shall be entitled to use a geographical indication on the items that he or she has registered.

(2) Where a right to use a geographical indication falls under any of the following subparagraphs, it shall not take effect among the interested parties related to the following subparagraphs: <Amended on Jun. 1, 2012>

1. A homonymic geographical indication; provided, this shall not apply where it causes consumers to mistake a region different from the place of origin of the relevant goods for the place of origin because they firmly believe that the relevant geographical indication identifies goods of a specific region;

2. A trademark registered or trademark, an application for which is being examined in accordance with the Trademark Act before an application for registration of a geographical indication is filed;

3. The name of a variety registered or the name of a variety an application for which is being examined in accordance with the Seed Industry Act and the Act on the Protection of New Varieties of Plants before an application for registration of a geographical indication is filed;

4. A geographical appellation used for items identical to agricultural and fishery products or processed agricultural and fishery products for which a geographical indication is registered pursuant to Article 32(7) (hereinafter referred to as "products bearing a geographical indication") and also used for agricultural and fishery products or processed agricultural and fishery products produced in the region covered by such registration.

(3) A person entitled to use a geographical indication may label a geographical indication on products bearing the geographical indication, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries; provided, in cases of ginseng products under the Ginseng Industry Act among the products bearing geographical indications, he or she may label a geographical indication including the word "Korea," such as "Korean ginseng," "Korean fresh ginseng," "Korean red ginseng," "Korean taegeuk ginseng," or "Korean white ginseng" on ginseng products and their containers, packaging, etc. in addition to the method of labeling prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

Article 41(Application mutatis mutandis of the Patent Act) #

(1) Articles 3 through 5, 6 (limited to subparagraphs 1 (excluding withdrawal of a patent application) 5, 7, and 8), 7, 7-2, 8, 9, 10 (excluding paragraph (3)), 11 (excluding paragraph (1)1 through 3, 5, and 6), 12 through 15, 16 (excluding the proviso of paragraph (1)), 17 through 26, 28 (excluding the proviso of paragraph (2)), 28-2 through 28-5, and 46 of the Patent Act shall apply mutatis mutandis to geographical indications. <Amended on Jun. 11, 2014>

(2) For the purposes of paragraph (1), "Article 139-17" in subparagraph 7 of Article 6 and Article 15(1) of the Patent Act shall be construed as "Article 45 of the Agricultural and Fishery Products Quality Control Act," "Article 139-17" in subparagraph 1 of Article 17 of the Patent Act shall be construed as "Article 45 of the Agricultural and Fishery Products Quality Control Act," "Article 180(1)" in subparagraph 2 of Article 17 of the Patent Act shall be construed as "Article 180(1) of the Patent Act applied mutatis mutandis pursuant to Article 55 of the Agricultural and Fishery Products Quality Control Act," and "Article 82" in Article 46(3) of the Patent Act shall be construed as "subparagraphs 8 and 9 of Article 113 of the Agricultural and Fishery Products Quality Control Act," respectively. <Amended on Jun. 11, 2014; Feb. 29, 2016>

(3) In the case of paragraph (1), "patent" shall be deemed "geographical indication," "application" shall be deemed "application for registration," "patent right" shall be deemed "geographical indication right," "Ministry of Intellectual Property," "Minister of the Ministry of Intellectual Property," and "examiner" shall be deemed "Minister of Agriculture, Food and Rural Affairs or Minister of Oceans and Fisheries," "Intellectual Property Trial and Appeal Board" shall be deemed "Geographical Indication Trial and Appeal Committee," "presiding administrative patent judge" shall be deemed "Chairperson of the Geographical Indication Trial and Appeal Committee," "administrative patent judge" shall be deemed "member of the committee," and "Prime Ministerial Decree" shall be deemed "Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries." <Amended on Mar. 23, 2013; Oct. 1, 2025>

Article 46(Methods of request for adjudication) #

(1) A person who intends to request adjudication to nullify or cancel a geographical indication, or adjudication to cancel registration of a geographical indication shall file an application for adjudication in which the following matters are stated to the chairperson of the Adjudication Committee, along with application materials:

1. The name and address of the person concerned (in cases of a corporation, its name, the name of its representative, and the location of its place of business);

2. Where he or she has an agent, the name and address of such agent, or the location of his or her place of business (where the agent is a corporation, its name, the name of its representative, and the location of its place of business);

3. The appellation of the geographical indication;

4. The date of registration of the geographical indication and the registration number;

5. The date on which a decision to cancel registration becomes final and conclusive (limited to a request for adjudication to cancel registration);

6. The purport of a request for adjudication and the grounds therefor.

(2) A person who intends to request adjudication on an appeal against the rejection of an application for geographical indication registration shall submit an application for adjudication in which the following matters are stated to the chairperson of the Adjudication Committee, along with application materials:

1. The name and address of the person concerned (in cases of a corporation, its name, the name of its representative, and the location of its place of business);

3. The date on which the application for registration is filed;

4. The date on which a decision to reject the application for registration becomes final and conclusive;

5. The purport of the appeal and the grounds therefor.

(3) Where a person revises an application filed pursuant to paragraphs (1) and (2), he or she shall not change the purport thereof; provided, the grounds for a request for adjudication referred to in paragraphs (1)6 and (2)5 may be changed.

(4) Where matters concerning a formal objection against a geographical indication under Article 32(6) are included in an application for adjudication filed pursuant to paragraph (1) or (2), the chairperson of the Adjudication Committee shall notify a claimant of the geographical indication of such purport.

Article 62(Access, collection, and investigation) #

(1) If necessary for conducting a safety inspection, a risk assessment referred to in Article 68(1), or the examination of harmful residues referred to in paragraph (3) of the same Article, the Minister of Food and Drug Safety or a Mayor/Do Governor may have the relevant public officials enter production facilities of agricultural and fishery products (referring to production and storage facilities, material warehouses used for production, offices, sales offices, and other similar places) to collect and examine samples, etc., as follows. In such cases, he or she may have them collect samples without compensation: <Amended on Mar. 23, 2013; Feb. 3, 2022>

1. Collecting and examining samples of agricultural and fishery products, and soil, water, materials, etc. utilized or used for the production of agricultural and fishery products;

2. Inspecting related books of account or documents of those who produce, store, transport or sell the relevant agricultural and fishery products.

(2) In cases of access, collection, investigation, or inspection under paragraph (1), the purpose, period, and location of the investigation, etc., the name and position of the public official concerned, the scope and contents, etc. shall be notified in advance to those subject to the investigation; provided, documents containing the matters in the main clause shall be presented on the spot to those subject to the investigation, etc. in cases of urgency or where it is judged that the purpose of the investigation, etc. cannot be achieved if notified in advance, due to destruction of evidence, etc. <Amended on Feb. 3, 2022>

(3) The public official who enters, collects, investigates, or inspects under paragraph (1) shall carry a certificate indicating his or her authority and present it to those subject to the investigation, etc.<Amended on Feb. 3, 2022>

(4) No person who produces, stores, transports, or sells agricultural and fishery products shall refuse, obstruct, or evade access, collection, investigation, or inspection under paragraph (1). <Added on Feb. 3, 2022>

[Title Amended on Feb. 3, 2022]

Article 63(Safety inspections and follow-up actions) #

(1) Where the Minister of Food and Drug Safety or a Mayor/Do Governor discovers that safety standards were violated at a production stage or that there is a risk of harming human health due to contamination with harmful substances, as a result of a safety inspection on agricultural and fishery products at a stage of production or farmland, fishing grounds, water, materials, etc. utilized or used for the production of agricultural and fishery products, he or she may order a person who produced or owns the relevant agricultural and fishery products to take the following measures: <Amended on Mar. 23, 2013; Feb. 3, 2022>

1. The disuse, conversion of uses, postponement of shipment, etc. of the relevant agricultural and fishery products;

2. The prohibition of improvement, or utilization or use of farmland, fishing grounds, water, materials, etc. utilized or used for the production of the relevant agricultural and fishery products;

2-2. Action on the farm, such as temporary suspension of shipment of fishery products;

3. Other measures prescribed by Prime Ministerial Decree.

(2) Where the producer or owner who is obligated to implement the disuse under paragraph (1)1 does not comply therewith, the Minister of Food and Drug Safety or the Mayor/Do Governor may invoke the vicarious execution under the Administrative Vicarious Execution Act and collect the cost thereof from the producer or owner. <Added on Feb. 3, 2022>

(3) Notwithstanding paragraph (1), the Mayor/Do Governor or the head of a Si/Gun/Gu may purchase and discard the relevant agricultural and fishery products in cases where the Minister of Food and Drug Safety or the Mayor/Do Governor deems that the violation of production stage safety standards under paragraph (1) was a result of force majeure due to mine damage under subparagraph 1 of Article 2 of the Mining Damage Prevention and Restoration Act. <Added on Dec. 21, 2021; Feb. 3, 2022>

(4) Where finding from a safety inspection of agricultural products being distributed or sold or fishery products stored or shipped and not yet traded that the residue limit standards for hazardous substances under the Food Sanitation Act, etc. were violated, the Minister of Food and Drug Safety or the Mayor/ Do Governor shall notify the relevant administrative agency of the fact so that appropriate measures can be taken. <Amended on Mar. 23, 2013; Dec. 21, 2021; Feb. 3, 2022>

Article 64(Designation of safety inspection institutions) #

(1) To professionally and efficiently conduct part of a safety inspection, and testing and analysis, the Minister of Food and Drug Safety may designate safety inspection institutions and have them conduct such safety inspection, and testing and analysis on his or her behalf. <Amended on Mar. 23, 2013>

(2) A person who intends to be designated as a safety inspection institution pursuant to paragraph (1) shall file an application with the Minister of Food and Drug Safety after being equipped with facilities and human resources necessary for safety inspections, and testing and analysis; provided, he or she shall not be entitled to file an application until two years have passed after the designation of a safety inspection institution was cancelled pursuant to Article 65. <Amended on Mar. 23, 2013>

(3) A safety inspection institution designated under paragraph (1) shall obtain prior approval from the Minister of Food and Drug Safety if the safety inspection institution intends to modify important matters prescribed by Prime Ministerial Decree with respect to the requirements for designation, including any modification in the scope of its duties; provided, such institution shall file a report with the Minister of Food and Drug Safety within one month from the date any modification is made, in order to modify minor matters prescribed by Prime Ministerial Decree. <Added on Jun. 12, 2018>

(4) Designation of a safety inspection institution prescribed in paragraph (1) shall be valid for a period of three years from the date of the designation; provided, the Minister of Food and Drug Safety may extend the validity period of each designation for not more than one year only once. <Added on Jun. 12, 2018>

(5) A 　 person who intends to have the validity period of his or her designation extended under the proviso of paragraph (4) shall apply for extension with the Minister of Food and Drug Safety, as prescribed by Prime Ministerial Decree. <Added on Jun. 12, 2018>

(6) A person designated as a safety inspection institution shall be re-designated under paragraph (1) before the validity period of his or her designation prescribed in paragraphs (4) and (5) expires in order to continue to perform duties after the expiration of such validity period. <Added on Jun. 12, 2018>

(7) The criteria and procedures for the designation of safety inspection institutions and the scope of duties prescribed in paragraphs (1) and (2), the procedures for modifications prescribed in paragraph (3), the criteria and procedures for re-designation prescribed in paragraph (6), and other necessary matters shall be prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013; Jun. 12, 2018>

[Title Amended on Jun. 12, 2018]

Article 70(Hazard analysis and critical control points) #

(1) Where the rules for Hazard Analysis and Critical Control Points are stipulated in agreements with foreign countries, or export trading partners stipulate the rules for Hazard Analysis and Critical Control Points and request Korean exporters to observe them, the Minister of Oceans and Fisheries shall determine and announce the rules for Hazard Analysis and Critical Control Points that intensively manage each stage, such as production and processing, to prevent harmful substances from being mixed or remaining in fishery products and processed fishery products for export or to prevent such fishery products and processed fishery products from being contaminated. <Amended on Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries shall determine and announce the rules for Hazard Analysis and Critical Control Points for the purpose of preventing harmful substances from being mixed or remaining in fishery products or preventing fishery products from being contaminated in the production stage, storage stage (only applicable where producers store fishery products; hereinafter the same shall apply), and the stage after shipment and prior to being traded, for improvement of the quality of fishery products produced in the Republic of Korea, and the safe production and supply thereof. <Amended on Mar. 23, 2013>

(3) The Minister of Oceans and Fisheries may have those operating production facilities or processing facilities registered pursuant to Article 74(1) observe the rules for Hazard Analysis and Critical Control Points referred to in paragraphs (1) and (2). <Amended on Mar. 23, 2013>

(4) The Minister of Oceans and Fisheries may issue a document certifying the observance of the rules for Hazard Analysis and Critical Control Points to those who observe the rules for Hazard Analysis and Critical Control Points referred to in paragraphs (1) and (2), as prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(5) The Minister of Oceans and Fisheries may provide technology or information, or education and training necessary for the observance of the rules for Hazard Analysis and Critical Control Points to those (including their employees) who have registered pursuant to Article 74(1) and those (including their employees) who intend to register pursuant to the same paragraph so that the rules for Hazard Analysis and Critical Control Points referred to in paragraphs (1) and (2) may be observed effectively. <Amended on Mar. 23, 2013>

Article 72(Comprehensive measures for sanitary control of designated sea areas) #

(1) The Minister of Oceans and Fisheries shall formulate and implement a comprehensive plan for sanitary control of designated sea areas (hereinafter referred to as "comprehensive plan") for the preservation and management thereof. <Amended on Mar. 23, 2013>

(2) A comprehensive plan shall include the following matters: <Amended on Mar. 23, 2013>

1. Basic direction-setting for the preservation and management of designated sea areas (including matters for the prevention of contamination; hereafter the same shall apply in this Article);

2. A specific implementation plan for the preservation and management of designated sea areas;

3. Other matters deemed necessary by the Minister of Oceans and Fisheries for the preservation and management of designated sea areas.

(3) If necessary for formulating a comprehensive plan, the Minister of Oceans and Fisheries may consider opinions of the following persons (hereinafter referred to as "heads of the relevant agencies"). In such cases, the Minister of Oceans and Fisheries may request the heads of the relevant agencies to submit necessary data: <Amended on Mar. 23, 2013>

1. The heads of agencies affiliated with the Ministry of Oceans and Fisheries;

2. The head of a local government having jurisdiction over a designated sea area;

3. The heads of cooperatives and the chairperson of the National Federation of Fisheries Cooperatives under the Fisheries Cooperatives Act.

(4) Where the Minister of Oceans and Fisheries formulates a comprehensive plan, he or she shall notify the heads of the relevant agencies of the comprehensive plan. <Amended on Mar. 23, 2013>

(5) If the Minister of Oceans and Fisheries deems it necessary for implementing a comprehensive plan notified pursuant to paragraph (4), he or she may request the heads of the relevant agencies to take necessary measures. In such cases, the heads of the relevant agencies shall comply with such request unless there exists any special ground to the contrary. <Amended on Mar. 23, 2013>

Article 73(Restrictions or prohibitions in designated sea areas and adjacent sea areas) #

(1) No person shall do any of the following acts in a designated sea area or sea area within one kilometer from a designated sea area (hereinafter referred to as "adjacent sea areas"): <Amended on Aug. 27, 2019; Feb. 18, 2020>

1. Notwithstanding Article 22(1)1 through 3 and (2) of the Marine Environment Management Act, discharging any pollutant defined in subparagraph 11 of Article 2 of the same Act;

2. Discharging any pollutant defined in subparagraph 11 of Article 2 of the Marine Environment Management Act in a fish farm facility (hereinafter referred to as "aquaculture facility") installed to conduct pisciculture business defined in Article 10(1)3 of the Aquaculture Industry Development Act (hereinafter referred to as "aquaculture business");

3. Raising (or leaving unattended; hereinafter the same shall apply) domestic animals (including dogs and cats; hereinafter the same shall apply) defined in subparagraph 1 of Article 2 of the Act on the Management and Use of Livestock Excreta in an aquaculture facility installed for aquaculture business.

(2) The Minister of Oceans and Fisheries may restrict or prohibit an aquaculture business right holder (including a person to whom a fishery right has been transferred, lot out, or whose aquaculture business right has been changed with approval pursuant to Article 30 of the Aquaculture Industry Development Act and a person in charge of managing an aquaculture facility) from using veterinary drugs referred to in Article 85 of the Pharmaceutical Affairs Act in the relevant aquaculture facility within a designated sea area and adjacent sea areas to prevent the contamination of fishery products produced in designated sea areas; provided, this shall not apply where he or she uses veterinary drugs according to veterinary examination and treatment of an aquatic disease controller provided for in subparagraph 13 of Article 2 of the Aquatic Life Disease Control Act or a veterinarian provided for in subparagraph 1 of Article 2 of the Veterinarians Act because a disease or contagious disease of fishery products has occurred in a designated sea area and adjacent sea areas. <Amended on Mar. 23, 2013; Aug. 27, 2019>

(3) Where the Minister of Oceans and Fisheries intends to restrict or prohibit the use of veterinary drugs pursuant to paragraph (2), he or she shall determine a period for such restriction or prohibition for each designated sea area (including adjacent sea areas) within up to three months, considering a season during which the shipment of fishery products produced in the designated sea area is made intensively and announce the period so determined. <Amended on Mar. 23, 2013>

Article 76(Examination or inspection) #

(1) The Minister of Oceans and Fisheries shall examine or inspect whether a sea area to be designated and a sea area designated meet sanitary control standards. <Amended on Mar. 23, 2013>

(2) The Minister of Oceans and Fisheries shall examine or inspect whether production or processing facilities, etc. meet sanitary control standards and observe the rules for Hazard Analysis and Critical Control Points prescribed in Article 70(1) or (2). In such cases, the frequencies of such examinations or inspections shall be prescribed by presidential Decree. <Amended on Mar. 23, 2013>

(3) If a producer, processor, etc. have reported business suspension or closure to the head of the competent tax office prescribed in Article 8 of the Value-Added Tax Act, the Minister of Oceans and Fisheries may exempt the producer, processor, etc. from the examination or inspection required under paragraph (2). In such cases, the Minister of Oceans and Fisheries may request the head of the competent tax office to submit information on the suspension or closure of the producer, processor, etc. Upon receipt of such request, the head of the competent tax office shall provide the Minister of Oceans and Fisheries with information on the suspension or closure of the producer, processor, etc. in accordance with Article 36(1) of the Electronic Government Act. <Added on Jan. 15, 2019>

(4) If necessary for conducting any of the following acts, the Minister of Oceans and Fisheries may have the relevant public officials visit the relevant place of business, office, warehouse, ship, aquaculture facilities, etc. to inspect related books of account or documents, examine facilities, equipment, etc., or collect the minimum quantity of samples necessary: <Amended on Mar. 23, 2013; Jan. 15, 2019>

1. Examination or inspection conducted under paragraphs (1) and (2);

2. Confirmation or examination about whether pollutants are discharged, domestic animals are raised, and veterinary drugs are used pursuant to Article 73.

(5) Article 13(2) and (3) shall apply mutatis mutandis to inspection or collection referred to in paragraph (4). <Amended on Jan. 15, 2019>

(6) Article 13(4) shall apply mutatis mutandis to the relevant public officials who engage in inspection or collection referred to in paragraph (4). <Amended on Jan. 15, 2019>

(7) Where production or processing facilities, etc. meet the following requirements, the Minister of Oceans and Fisheries may request the heads of the relevant administrative agencies to jointly examine or inspect at the request of producers, processors, etc.: <Amended on Mar. 23, 2013; Jan. 15, 2019>

1. Where production or processing facilities, etc. are subject to examination or inspection under statutes related to food, such as the Food Sanitation Act and the Livestock Products Sanitary Control Act;

2. Where production or processing facilities, etc. are subject to examination or inspection at least two occasions within six months for similar purposes; provided, this shall not apply where the Minister of Agriculture, Food and Rural Affairs examines or inspects whether producers, processors, etc. observe matters on which an agreement is made with a foreign country or corrective measures, and examines or inspects after he or she has received a report or has been provided with information on illegal matters or has obtained information on such matters.

(8) Except as provided in paragraphs (4) through (6), matters necessary for procedures for, methods of examination, inspection, etc. under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Oceans and Fisheries, and matters necessary for methods of requesting joint examination, inspection, etc. prescribed in paragraph (7) shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 15, 2019>

Article 78(Suspension of production or processing) #

(1) Where a production or processing facility, etc. or a producer, processor, etc. falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may order him or her to correct, restrict, or suspend the production, processing, shipment, or transport, or to improve or repair production or processing facilities, etc., or revoke his or her registration; provided, where he or she falls under subparagraph 1, the Minister of Oceans and Fisheries shall revoke his or her registration: <Amended on Mar. 23, 2013; Jan. 15, 2019>

1. Where he or she has made registration prescribed in Article 74 by fraud or other improper means;

2. Where he or she fails to meet sanitary control standards;

3. Where he or she fails to observe or unconscientiously observes the rules for Hazard Analysis and Critical Control Points prescribed in Article 70(1) and (2);

4. Where he or she refuses, interferes with, or evades an examination, inspection, etc. referred to in Article 76(2) and (4)1 (limited to part falling under paragraph (2));

5. Where a harmful substance is detected in fishery products and processed fishery products produced in production or processing facilities, etc.;

6. Where he or she fails to obey an order to correct, restrict, or suspend production, processing, shipment, or transport, or an order to improve or repair production or processing facilities, etc. after receiving such order;

7. Where the producer, processor, etc. have reported business closure to the head of the competent tax office pursuant to Article 8 of the Value-Added Tax Act or the head of the competent tax office has cancelled the business registration of the producer, processor, etc.

(2) The Minister of Oceans and Fisheries may request the head of the competent tax office to provide information on the closure of a producer, processor, etc. or cancellation of business registration where necessary for revoking the registration of the producer, processor, etc. prescribed in paragraph (1). In such cases, upon receipt of such request, the head of the competent tax office shall provide the Minister of Oceans and Fisheries with information on the closure of the producer, processor, etc. or cancellation of business registration in accordance with Article 36(1) of the Electronic Government Act. <Added on Jan. 15, 2019>

Article 82(Qualifications for agricultural product inspectors) #

(1) A person in charge of inspections under Article 79 or reinspections (including reinspections following a formal objection; hereinafter the same shall apply) under Article 85 (hereinafter referred to as "agricultural product inspector") shall be any of the following persons and pass a screening test conducted by the Director of the National Agricultural Products Quality Management Service (in cases of an agricultural product inspector in charge of silkworm eggs and cocoons, referring to a Mayor/Do Governor; hereafter the same shall apply in this Article and Articles 83 (1) and 114 (2)); provided, a person who has any qualification or academic degree related to agricultural product inspections prescribed by Presidential Decree may be fully or partially exempted from a screening test, as prescribed by Presidential Decree: <Amended on Aug. 27, 2019>

1. A public official who has performed affairs related to agricultural product inspections for at least six months;

2. A person who has performed affairs related to agricultural product inspections for at least one year;

3. A person qualified as an agricultural product quality controller under Article 105, who has performed duties as an agricultural product quality controller for at least one year after obtaining the relevant qualifications.

(2) Qualified agricultural product inspectors shall be classified by grain, special crop, pulse, fruit, vegetable, silk yarn, etc. <Amended on Mar. 24, 2014>

(3) No person whose qualification for agricultural product inspector was cancelled pursuant to Article 83 shall apply for a screening test referred to in paragraph (1) nor obtain any qualification to be an agricultural product inspector unless one year has passed from the date his or her qualification was so cancelled.

(4) The Director of the National Agricultural Products Quality Management Service may provide education to improve inspection techniques and the quality of agricultural product inspectors.

(5) The Director of the National Agricultural Products Quality Management Service may appoint or commission examiners for preparing questions for and the scoring of a screening test referred to in paragraph (1). In such cases, he or she may pay an allowance to examiners within budgetary limits.

(6) Detailed matters necessary for the classification and methods of conducting screening tests for agricultural product inspectors, determination of successful applicants, education of agricultural product inspectors, etc. under paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

(7) No agricultural product inspector shall permit any third person to use his or her name or lend his or her certificate of qualification to any third person. <Added on Dec. 10, 2019>

(8) No person shall use the name of an agricultural product inspector without obtaining qualifications for an agricultural product inspector or be lent a certificate of qualification and shall help the use of such name or the lending of such certificate of qualification. <Added on Apr. 10, 2019>

Article 88(Inspection of fishery products) #

(1) Any of the following fishery products or processed fishery products shall undergo an inspection by the Minister of Oceans and Fisheries as to whether such products meet the quality and standards and are mixed with harmful substances: <Amended on Mar. 23, 2013>

1. Fishery products and processed fishery products purchased and stored by the Government;

2. Fishery products and processed fishery products requiring an inspection, by agreement with a foreign country or at the request of an export trading partner, determined and announced by the Minister of Oceans and Fisheries.

(2) Where the Minister of Oceans and Fisheries receives an application for inspection of fishery products and processed fishery products not described in paragraph (1), he or she shall inspect such products; provided, this shall not apply to cases prescribed by Decree of the Ministry of Oceans and Fisheries, such as where no standards for inspection exist. <Amended on Mar. 23, 2013>

(3) Where a person who intends to change the packaging, containers, or contents of fishery products or processed fishery products inspected pursuant to paragraph (1) or (2), he or she shall have such products reinspected by the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(4) Notwithstanding paragraphs (1) through (3), where fishery products or processed fishery products fall under any of the following subparagraphs, the Minister of Oceans and Fisheries may omit part of an inspection: <Amended on Mar. 23, 2013; Feb. 18, 2020>

1. Fishery products produced and processed in compliance with sanitary control standards in a designated sea area;

2. Fishery products produced and processed in compliance with sanitary control standards or the rules for Hazard Analysis and Critical Control Points in production or processing facilities, etc. registered pursuant to Article 74(1);

3. Fishery products produced or processed with fishery caught or collected by the following fishing vessels in foreign waters, and directly exported from the relevant foreign country (excluding where an agreement with a foreign country shall be implemented or certain foreign sanitary control standards or the rules for Hazard Analysis and Critical Control Points shall be observed):

a. A fishing vessel that has a deep sea fishing license under Article 6(1) of the Distant Water Fisheries Development Act;

b. A fishing vessel being directly operated by a person who has reported fishery product processing business (limited to types of business prescribed by Presidential Decree) pursuant to Article 16 of the Seafood Industry Promotion and Support Act;

4. Cases prescribed by Presidential Decree, such as where the purpose of an inspection may be achieved by omitting part of the inspection.

(5) Types and objects of inspections under paragraphs (1) through (3), standards, procedures for and methods of inspections, where part of an inspection is omitted pursuant to paragraph (4), procedures for and methods of such omission shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 91(Qualification as fishery product inspectors) #

(1) A person in charge of inspection of fishery products under Article 88 or reinspection under Article 96 (hereinafter referred to as "fishery product inspector") shall fall under any of the following subparagraphs and pass a screening test conducted by the head of a national quarantine and inspection agency prescribed by Presidential Decree (hereinafter referred to as "national quarantine and inspection agency"); provided, a person who has any qualification or an academic degree related to fishery product inspection prescribed by Presidential Decree may be exempted from all or part of a screening test, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013>

1. A public official who has been engaged in affairs related to inspection of fishery products in a national quarantine and inspection agency for at least six months;

2. A person who has been engaged in affairs related to inspection of fishery products for at least one year.

(2) No person whose qualification for fishery product inspector has been cancelled pursuant to Article 92 shall apply for a screening test nor obtain any qualification to be a fishery product inspector under paragraph (1) unless one year has passed from the date his or her qualifications were so cancelled.

(3) The head of a national quarantine and inspection agency may provide education to improve inspection techniques and the quality of fishery product inspectors. <Amended on Mar. 23, 2013>

(4) The head of a national quarantine and inspection agency may appoint or commission examiners for preparing questions for and the rating of a screening test under paragraph (1). In such cases, he or she may pay an allowance to examiners within budgetary limits. <Amended on Mar. 23, 2013>

(5) Detailed matters necessary for the classification and methods of conducting a screening test for fishery product inspectors, the determination of successful applicants, education of fishery product inspectors, etc. under paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

Article 99(Designation of certification institutions) #

(1) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may designate institutions that have human resources and facilities required for certification (hereinafter referred to as "certification institution") and have them conduct certification under Article 98 on his or her behalf. <Amended on Mar. 23, 2013>

(2) A person who intends to be designated as a certification institution shall file an application with the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries after being equipped with human resources and facilities required for certification. When important matters prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries have been changed after he or she was designated as a certification institution, he or she shall report such change, as prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013>

(3) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall notify a person who has filed such report of whether the report is accepted within 20 days from the date of receipt of the report on change under the latter part of paragraph (2). <Added on Aug. 27, 2019>

(4) Where the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries fails to notify a person who has filed such report of whether the report is accepted or the extension of the processing period under the statutes related to treatment of civil petitions within the period prescribed under paragraph (3), the report shall be deemed to have been accepted on the following day after the period (referring to the relevant processing period where the processing period is extended or re-extended pursuant to statutes related to treatment of civil petitions) is expired. <Added on Aug. 27, 2019>

(5) The period of validity of the designation of a certification institution shall be four years from the date of designation, and a person who intends to continuously conduct certification services shall apply for the renewal to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries at least three months before the period of validity expires. <Added on Dec. 10, 2019>

(6) No person shall apply for the designation of a certification institution unless one year has passed after the designation of a certification institution was cancelled pursuant to Article 100. <Amended on Aug. 27, 2019; Dec. 10, 2019>

(7) Matters necessary for criteria and procedures for designation and renewal, the scope of services of a certification institution, etc. under paragraphs (1), (2) and (5) shall be prescribed by Decree of the Ministry of Agriculture, Food and Rural Affairs or Decree of the Ministry of Oceans and Fisheries. <Amended on Mar. 23, 2013; Aug. 27, 2019; Dec. 10, 2019>

Article 113(Fees) #

Any of the following persons shall pay fees, as prescribed by Prime Ministerial Decree, Decree of the Ministry of Agriculture, Food and Rural Affairs, or Decree of the Ministry of Oceans and Fisheries; provided, hat fees for agricultural and fishery products, etc. purchased, exported, or imported by the Government may be exempted or reduced, as prescribed by Prime Ministerial Decree, Decree of the Ministry of Agriculture, Food and Rural Affairs, or Decree of the Ministry of Oceans and Fisheries: <Amended on Mar. 23, 2013; Dec. 2, 2016; Apr. 18, 2017; Aug. 27, 2019; Dec. 10, 2019; Dec. 21, 2021>

1. A person who applies for certification of Good Practices pursuant to Article 6(3), applies for examination for renewed certification of Good Practices pursuant to Article 7(2), applies for examination for an extension of the period of validity pursuant to paragraph (3) of the same Article or applies for change of certification of Good Practices pursuant to paragraph (4) of the same Article;

2. A person who applies for designation of a Good Practices certification institution pursuant to Article 9(2) or intends to renew such designation pursuant to paragraph (5) of the same Article;

3. A person who applies for designation as facilities meeting Good Practices pursuant to Article 11(2) or applies for the renewal of such designation pursuant to paragraph (7) of the same Article;

4. A person who applies for quality certification pursuant to Article 14(2) or applies for an extension of the period of validity of quality certification pursuant to Article 15(2);

5. A person who applies for designation of a quality certification institution pursuant to Article 17(3);

6. Deleted. <Jun. 1, 2012>

7. A person who applies for an extension of the period thereof under Article 15 of the Patent Act applied mutatis mutandis pursuant to Article 41 or applies for resumption under Article 22 of the same Act;

8. A person who applies for adjudication on the nullity of a geographical indication under Article 43(1), applies for adjudication on the cancellation of a geographical indication under Article 44(1), applies for adjudication on the rejection or cancellation of registration of a geographical indication under Article 45 or requests a reexamination under Article 51(1);

9. A person who makes a correction pursuant to Article 46(3), applies for exclusion or challenge under Article 151 of the Patent Act applied mutatis mutandis pursuant to Article 50, applies for intervention under Article 156 of the same Act, requests a determination on costs under Article 165 of the same Act, requests the granting of enforceable writs under Article 166 of the same Act. In such cases, an application, request, etc. in the reexamination under Article 184 of the Patent Act applied mutatis mutandis pursuant to Article 55(1) shall be included;

10. A person who applies for designation of a safety inspection institution pursuant to Article 64(2) (including cases of applying for designation again before the expiration of the validity period pursuant to paragraph (6) of the same Article) or a person who applies for approval of changes pursuant to paragraph (3) of the same Article;

11. A person who applies for registration of production or processing facilities, etc. pursuant to Article 74(1);

12. A person who applies for inspection of agricultural products under Article 79 or reinspection of such products under Article 85;

13. A person who applies for designation of an agricultural product inspection institution pursuant to Article 80(2);

14. A person who applies for inspection of fishery products or processed fishery products under Article 88(1) through (3) or reinspection of such products pursuant to Article 96(1);

15. A person who applies for designation of a fishery product inspection institution pursuant to Article 89(2);

16. A person who applies for certification under Article 98(1);

17. A person who applies for designation of a certification institution pursuant to the former part of Article 99(2) or applies for the renewal of such designation pursuant to paragraph (5) of the same Article;

18. A person who files an application for the qualifying examination for agricultural product quality controllers or fishery product quality controllers pursuant to Article 107(1).

Article 114(Hearings) #

(1) Where the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the Minister of Food and Drug Safety intends to impose any of the following disposition, he or she shall hold a hearing: <Amended on Jun. 1, 2012; Mar. 23, 2013; Aug. 13, 2013; Mar. 27, 2015; Dec. 2, 2016; Apr. 18, 2017>

1. Cancellation of the designation of a Good Practices certification institution under Article 10;

2. Cancellation of the designation of facilities meeting Good Practices under Article 13-2(3);

3. Cancellation of quality certification under Article 16;

4. Cancellation of the designation of a quality certification institution or suspension of quality certification services under Article 18;

5. Deleted. <Jun. 1, 2012>

6. Cancellation of registration for traceability under Article 27;

7. Prohibition of the sale of standardized products, quality-certified products, or the suspension of the indication thereof under Article 31(1), prohibition of the sale of Good Practices-certified agricultural products under paragraph (2) of the same Article, or cancellation of the certification of Good Practices or the suspension of the indication thereof under paragraph (4) of the same Article;

8. Prohibition of the sale of products bearing a geographical indication, suspension of the indication thereof, or cancellation of registration thereof under Article 40;

9. Cancellation of the designation of a safety inspection institution under Article 65;

10. Ordering production or processing facilities, etc. or a producer or processor, etc. under Article 78 to correct, restrict, or suspend production, processing, shipment, or transport, to improve or repair production or processing facilities, etc., or cancellation of registration thereof;

11. Cancellation of the designation of an agricultural product inspection institution under Article 81;

12. Cancellation of a decision on inspection under Article 87;

13. Cancellation of the designation as a fishery product inspection institution under Article 90 or the suspension of inspection services;

14. Cancellation of a decision on inspection under Article 97;

15. Cancellation of the designation of a certification institution under Article 100;

16. Cancellation of qualification for an agricultural product quality controller or a fishery product quality controller under Article 109.

(2) Where the Director of the National Agricultural Products Quality Management Service intends to cancel qualification for an agricultural product inspector pursuant to Article 83, he or she shall hold a hearing.

(3) Where the head of a national quarantine and inspection agency intends to cancel qualification for a fishery product inspector pursuant to Article 92, he or she shall hold a hearing. <Amended on Mar. 23, 2013>

(4) Where a Good Practices certification institution intends to cancel a certification of Good Practices pursuant to Article 8(1), it shall provide an opportunity to submit opinions to a person who has obtained such certification.

(5) Where a Good Practices certification institution intends to cancel a designation of facilities meeting Good Practices pursuant to Article 12(1), it shall provide an opportunity to submit opinions to the person who has obtained such designation. <Added on Apr. 18, 2017>

(6) Where a quality certification institution intends to cancel a quality certification pursuant to Article 16, it shall provide an opportunity to submit opinions to a person who has obtained such quality certification. <Amended on Apr. 18, 2017>

(7) Articles 22(4) through (6) and 27 of the Administrative Procedures Act shall apply mutatis mutandis to the submission of opinions under paragraphs (4) and (6). In such cases, "administrative authority" and "competent administrative authority" shall be construed as "Good Practices certification institution" or "quality certification institution," respectively. <Amended on Apr. 18, 2017>

Article 119(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Jun. 1, 2012; Mar. 24, 1014; Mar. 27, 2015; Nov. 28, 2017; Aug. 27, 2019>

1. A person who affixes a label indicating products labeled good or a similar label to agricultural and fishery products (including agricultural products not approved under Article 7(4), in cases of agricultural products not bearing Good Practices certification) or processed agricultural and fishery products though they are not labeled good, in violation of Article 29(1)1;

1-2. A person who advertises agricultural and fishery products (including agricultural products not approved under Article 7(4), in cases of agricultural products not bearing Good Practices certification) or processed agricultural and fishery products as products labeled good, though they are not products labeled as good, or who advertises such products to be misled as products labeled good, in violation of Article 29(1)2;

2. A person who does any of the following acts, in violation of Article 29(2):

a. Selling agricultural and fishery products labeled as standardized products pursuant to Article 5(2) mixed with non-standardized products, or storing or displaying such products for sale, mixed with agricultural and fishery products labeled as standardized products;

b. Selling agricultural products labeled as Good Practices-certified products pursuant to Article 6(6) (including agricultural products without certification under Article 7(4)) mixed with non-certified products, or storing or displaying such products for sale, mixed with agricultural products labeled as Good Practices-certified products;

c. Selling fishery products labeled as quality-certified products pursuant to Article 14(3) mixed with non-certified products, or storing or displaying such products for sale, mixed with fishery products labeled as quality-certified products;

d. Deleted. <Jun. 1, 2012>

e. Selling agricultural products labeled as traceable products pursuant to Article 24(6) mixed with non-registered agricultural products or processed agricultural products, or storing or displaying such products for sale, mixed with agricultural products labeled as traceable products;

3. A person who labels a geographical indication or similar indication on the packaging, containers, advertising materials, or related documents of agricultural and fishery products or processed agricultural and fishery products not bearing a geographical indication, in violation of Article 38(1);

4. A person who sells products bearing a geographical indication mixed with agricultural and fishery products or processed agricultural and fishery products not bearing a geographical indication, or stores or displays such products for sale, mixed with products bearing a geographical indication, in violation of Article 38(2);

5. A person who discharges wastes defined in subparagraph 4 of Article 2 of the Marine Environment Management Act, harmful liquid substances defined in subparagraph 7 of the same Article, or harmful packaging materials defined in subparagraph 8 of the same Article, in violation of Article 73(1)1 or 2;

6. A person who has agricultural products inspected pursuant to Article 79, agricultural products reinspected pursuant to Article 85, fishery products or processed fishery products inspected pursuant to Article 88, fishery products or processed fishery products reinspected pursuant to Article 96, or obtains certification pursuant to Article 98, by fraud or other improper means, in violation of subparagraph 1 of Article 101;

7. A person who fails to have fishery products and processed fishery products subject to inspection inspected, in violation of subparagraph 2 of Article 101;

8. A person who forges or alters an inspection indicator, certification, inspection certificate, or a certificate, in violation of subparagraph 3 of Article 101;

9. A person who falsely or extravagantly advertises the results of certification, in violation of subparagraph 5 of Article 101.

Article 120(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Aug. 13, 2013; Dec. 2, 2016; Dec. 10, 2019>

1. A person who fails to register traceability, in violation of Article 24(2);

2. A person who disobeys an order to take corrective measures (excluding an order to take corrective measures on the method of indication issued under Article 31(1)3 or subparagraph 2 of Article 40), to prohibit the sale or to suspend the indication under Article 31(1) or 40;

3. A person who disobeys an order to prohibit the sale under Article 31(2);

4. A person who fails to comply with disposition under Article 59(1);

5. A person who disobeys an order to make public announcement under Article 59(2);

6. A person who fails to comply with measures under Article 63(1);

7. A person who fails to comply with measures to restrict or prohibit the use of veterinary drugs under Article 73(2);

8. A person who fails to comply with measures to restrict the production of fishery products in a designated sea area under Article 77;

9. A person who disobeys an order to correct, restrict, or suspend the production, processing, shipment, and transport, or an order to improve or repair production or processing facilities, etc. issued under Article 78;

9-2. A person who fails to comply with measures under Article 98-2(1);

10. A person who fails to have agricultural products subject to inspection inspected, in violation of subparagraph 2 of Article 101;

11. A person who sells or exports agricultural and fishery products or processed fishery products, or stores or displays them for sale or export without having them inspected, in violation of subparagraph 4 of Article 101;

12. A person who permits any third person to use his or her name as an agricultural product inspector, agricultural product quality controller or a fishery product quality controller or lends his or her certificate of qualification to any third person, in violation of Article 82(7) or 108(2).

13. A person who uses the name of an agricultural product inspector, agricultural product quality controller or a fishery product quality controller or be lent a certificate of qualification, or helps the use of such name or the lending of such certificate of qualification, in violation of Article 82(8) or 108(3).

AGRICULTURAL AND FISHERY PRODUCTS QUALITY CONTROL ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Establishment of Council on Quality Control of Agricultural and Fishery Products) #

Article 4(Duties of Council) #

Article 5(Standards) #

Article 5-2(Recommended quality labeling) #

Article 6(Certification of Good Agricultural Practices) #

Article 7(Period of validity of Good Practices certification) #

Article 8(Cancellation of certification of Good Practices) #

Article 9(Designation of Good Practices certification institutions) #

Article 9-2(Matters to be complied with by Good Practices certification institutions) #

Article 10(Cancellation of designation of Good Practices certification institutions) #

Article 11(Designation of facilities meeting Good Agricultural Practices) #

Article 12(Cancelling designation of facilities meeting Good Practices) #

Article 12-2(Education and publicity relating to Good Agricultural Practices) #

Article 13(Reporting, inspections related to Good Agricultural Practices) #

Article 13-2(Taking measures according to results of examination and inspection of facilities meeting Good Practices) #

Article 14(Quality certification of fishery products) #

Article 15(Period of validity of quality certification) #

Article 16(Cancellation of quality certification) #

Article 17(Designation of quality certification institutions) #

Article 18(Cancellation of designation of quality certification institution) #

Article 19(Reporting and inspections related to quality certification) #

Article 20 #

Article 21 #

Article 22 #

Article 23 #

Article 24(Traceability) #

Article 25(Period of validity of traceability registration) #

Article 26(Submission of data for traceability) #

Article 27(Cancellation of traceability registration) #

Article 28(Succession to position) #

Article 28-2(Succession to effects of dispositions of administrative sanctions) #

Article 29(Prohibition of false labeling) #

Article 30(Post management of products labeled good) #

Article 30-2(Post management of recommended quality labeling) #

Article 31(Corrective measures for products labeled good) #

Article 32(Registration of geographical indications) #

Article 33(Original register of geographical indications) #

Article 34(Rights to use geographical indications) #

Article 35(Transfer and inheritance of rights to use geographical indications) #

Article 36(Claims for prohibition of infringement on right) #

Article 37(Claims for damages) #

Article 38(Prohibition of false labeling) #

Article 39(Post-management of products bearing geographical indications) #

Article 40(Correction of geographical indication labels) #

Article 41(Application mutatis mutandis of the Patent Act) #

Article 42(Adjudication Committee on Geographical Indications) #

Article 43(Adjudication to nullify geographical indications) #

Article 44(Adjudication to cancel geographical indications) #

Article 45(Adjudication on appeals against rejection of application for registration) #

Article 46(Methods of request for adjudication) #

Article 47(Methods of adjudication) #

Article 48(Designation of members of Adjudication Committee) #

Article 49(Collegiate body for adjudication) #

Article 50(Application mutatis mutandis of the Patent Act) #

Article 51(Request for re-examination) #

Article 52(Request for appeal against decision on Fraudulent Acts) #

Article 53(Restrictions on effect of rights to use geographical indications recovered by reexamination) #

Article 54(Lawsuits against decisions) #

Article 55(Application mutatis mutandis of Patent Act) #

Article 56(Labeling of genetically modified agricultural and fishery products) #

Article 57(Prohibition of false labeling) #

Article 58(Inspection of labeling of genetically modified agricultural and fishery products) #

Article 59(Dispositions on violations of rules for labeling of genetically modified agricultural and fishery products) #

Article 60(Safety management plans) #

Article 61(Safety inspections) #

Article 62(Access, collection, and investigation) #

Article 63(Safety inspections and follow-up actions) #

Article 64(Designation of safety inspection institutions) #

Article 65(Cancellation of designation of safety inspection institutions) #

Article 66(Education on safety of agricultural and fishery products) #

Article 67(Research and development and dissemination of techniques, such as methods of analysis) #

Article 68(Risk assessment of agricultural and fishery products) #

Article 69(Sanitary control standards) #

Article 70(Hazard analysis and critical control points) #

Article 71(Designation of specific sea areas) #

Article 72(Comprehensive measures for sanitary control of designated sea areas) #

Article 73(Restrictions or prohibitions in designated sea areas and adjacent sea areas) #