Article 1(Items of Agricultural Products Classified by Their Types) #
Types of agricultural products and their respective items as referred to in Article 2 of the Agricultural Products Inspection Act (hereinafter referred to as the “Act”) shall be listed in the annexed Table.
[This Article Wholly Amended by Presidential Decree No. 13014, Jun. 2, 1990]
Article 2(Products Subject to Inspection, etc.) #
(1) Agricultural products falling under each of the following subparagraphs, which are offered for joint sale by the agricultural organization as prescribed in Article 3 (1) 5 of the Act, shall be submitted to inspection:
1. Grains: unhulled rice, polished barley, malting barley, soy bean, red bean, mung bean, corn;
2. Potatoes: sliced and dried sweet potatoes;
3. Cash crops: rapes; and
4. Sericultural products: cocoons.
(2) Agricultural products which may be inspected pursuant to the provisions of Article 3 (2) of the Act shall satisfy such requirements in respect of their packings, weight per packing unit or volume as prescribed by the stantdards of inspection specifications under the provisions of Article 7 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 13014, Jun. 2, 1990]
Article 3(Agricultural Products Exempted from Inspection, etc.) #
Agricultural products falling under each of the following subparagraphs shall be excluded from those subject to inspection pursuant to proviso of Article 3 (1) 3 of the Act: <Amended by Presidential Decree No. 14687, Jun. 30, 1995: Presidential Decree No. 15135, Aug. 8, 1996>
1. Agricultural products which, if unpacked for inspection, are likely to be damaged or to degenerate in quality;
2. Agricultural products which are donated from a foreign country and are not for trade;
3. Agricultural products imported by the Government, agricultural products imported by persons other than the National Agricultural Cooperatives Federation established under the Agricultural Cooperatives Act, the National Livestock Cooperatives Federation established under the Livestock Industry Cooperatives Act and the Agricultural and Fishery Products Marketing Corporation established under the Agricultural and Fishery Products Marketing Corporation Act, and agricultural products imported by persons other than the Government and processed thereafter. (In the case of the seeds of major crops as referred to in subparagraph 1 of Article 2, of the Seeds of Staple Crops Act and Article 2 of the Enforcement Decree of the same Act, exemption from inspection shall apply only to such cases as where there is attached a certificate of guarantee of their quality and specifications or its duplicate issued by an institution of seeds inspection which is officially approved by international organizations concerned with inspection of seeds such as the International Seeds Testing Association, etc.);
4. Agricultural products to be consumed by Korean workers serving abroad; and
5. Agricultural products as designated and publicly announced by the Minister of Agriculture and Forestry, as it is deemed that the period of their remaining fresh is short or that they are unlikely to damage international reputation for exports.
[This Article Wholly Amended by Presidential Decree No. 13014, Jun. 2, 1990]
Article 3-2(Exemption from Inspection) #
Any person who desires to get exempted from the inspection of agricultural products falling under the provisions of Article 3 (3) 3 of the Act shall get prepared all required documents demonstrating the grounds for exemption and apply to the competent inspection authority: Provided, That in respect of the agricultural products to be forwarded abroad as trade samples, such application for the seal of approval as prescribed under the provisions of Article 3 (4) of the Act shall take the place of the application for exemption from inspection.
[This Article Newly Inserted by Presidential Decree No. 12190, Jun 30, 1987]
Article 4 #
Deleted.<by Presidential Decree No. 10751, Mar. 10, 1982>
Article 5(Entrustment of Inspection Service) #
(1) The Minister of Agriculture and Forestry may, pursuant to the provision of Article 4-2 (1) of the Act, entrust the service of inspecting agricultural products to any agricultural cooperative or the National Agricultural Cooperatives Federation established under the Agricultural Cooperatives Act or to the Agricultural and Fishery Products Marketing Corporation established under the Agricultural and Fishery Products Marketing Corporation Act (hereinafter referred to as a “trusted inspection authority”), but the scope of agricultural products to be inspected by the respective inspection institutions entrusted with the inspection service shall be determined and announced publicly by the Minister of Agriculture and Forestry. <Amended by Presidential Decree No. 11475, Jul. 21, 1984; Presidential Decree No. 12190, Jun. 30, 1987; Presidential Decree No. 13014, Jun. 2, 1990; Presidential Decree No. 15135, Aug. 8, 1996>
(2) Deleted. <by Presidential Decree No. 7876, Nov. 19, 1975>
(3) The trusted inspection authority charged with the inspection service pursuant to the provisions of Article 4-2 of the Act shall conduct inspection in compliance with such standards of inspection specifications as prescribed in Article 7 (1) of the Act and such methods of inspection as prescribed in Article 6, whereas inspection officials shall be equipped with such qualifications as determined separately by the Director of the National Agricultural Products Inspection Office (hereinafter referred to as the “Inspection Director”) pursuant to the example of Article 7. <Amended by Presidential Decree No. 11475, Jul. 21, 1984; Presidential Decree No. 16014, Jun. 2, 1990>
Article 6(Methods of Inspection) #
(1) Inspection of agricultural products shall be conducted in respect of the entire products or some of their samples, and detailed inspection methods such as sampling, measurement and expert examination shall be determined by the Inspection Director: Provided, That the Inspection Director may, where he considers that the person applying for the inspection of agricultural products for export or import is capable of maintaining their quality superbly or is unlikely to damage their reputation, determine relaxed inspection methods. <Amended by Presidential Decree No. 13014, Jun. 2, 1990>
(2) Where there is found, in the course of examination conducted pursuant to paragraph (1), a minor defect which may be remedied by a simple preparation to satisfy the requirements for pass, a decision on the inspection result shall be withheld to require a repreparation. <Amended by Presidential Decree No. 11475, Jul. 21, 1984>
(3) Deleted. <by Presidential Decree No. 7876, Nov. 19, 1975>
Article 7(Qualifications for Agricultural Products Inspection Officials) #
(1) The qualifications for such officials inspecting agricultural products as prescribed in Article 9 (2) of the Act (hereinafter referred to as “inspection officials”) shall be classified into general and special qualifications.
(2) “General qualifications” means such qualifications as are conferred upon a person who is recognized as competent to inspect agricultural products other than those enumerated in subparagraphs of paragraph (4).
(3) General qualifications shall be conferred through a screening test upon a person who has acquired technical skills in the inspection service at the National Agricultural Products Inspection Office for six months or longer: Provided, That in the case of inspection officials capable of inspecting such ginseng products as prescribed in Article 2 of the Ginseng Industry Act, general qualifications shall be conferred upon a person who has experience in engaging in the inspection service for three years or longer at a ginseng-related inspection institution recognized by the Minister of Agriculture and Forestry and who is recognized by the Director of the National Agricultural products Inspection Office as capable of inspection. <Amended by Presidential Decree No. 7876, Nov. 19, 1975; Presidential Decree No. 15087, Jun. 29, 1996; Presidential Decree No. 15135, Aug. 8, 1996>
(4) “Special qualifications” means such qualifications as are conferred upon a person who has been already granted general qualifications and who is recognized as competent to inspect such agricultural products as coming under one of the following subparagraphs: <Amended by Presidential Decree No. 13014, Jun. 2, 1990>
1. Polished grains;
2. Fruits;
3. Canned or bottled agricultural products; and
4. Seeds.
(5) Special qualifications shall be conferred through a screening test upon a person who has been engaged in the inspection service for six months or longer after obtaining general qualifications. <Amended by Presidential Decree No. 7876, Nov. 19, 1975>
(6) Matters relating to the method and procedure of conducting the screening test which is required for the conferment of qualifications upon inspection officials shall be determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Presidential Decree No. 12190, Jun. 30, 1987; Presidential Decree No. 15135, Aug. 8, 1996>
Article 8(Application for Inspection) #
(1) With respect to such application for inspection as prescribed in Article 10 (1) of the Act, application in respect of exporting agricultural products shall be submitted to the competent inspection authority two days before the date on which the applicant intends to undergo the inspection. <Amended by Presidential Decree No. 11475, Jul. 21, 1984>
(2) Cases in which the inspection application form may be submitted after inspection pursuant to the proviso of Article 10 (2) of the Act shall be as listed in the following subparagraphs: <Amended by Presidential Decree No. 11475, Jul. 21, 1984; Presidential Decree No. 13014, Jun. 2, 1990>
1. Where the Government purchases or imports agricultural products;
2. Where agricultural products are processed in the presence of inspection officials;
3. Where the agricultural organization purchases agricultural products for joint sale; or
4. In such other cases as where the Inspection Director deems it necessary for the purpose of providing convenience to the person who intends to undergo the inspection.
Article 9(Inspection Fees) #
(1) Inspection fees prescribed in Article 11 (1) of the Act shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry within the scope of 5/1000 of the market price of the agricultural products in question in consideration of inspection unit, amount and type. <Amended by Presidential Decree No. 12190, Jun. 30, 1987; Presidential Decree No. 15135, Aug. 8, 1996>
(2) Inspection fees prescribed in paragraph (1) shall be paid by affixing governmental revenue stamps on the inspection application form. <Amended by Presidential Decree No. 11475, Jul. 21, 1984; Presidential Decree No. 13014, Jun. 2, 1990>
(3) Inspection fees which are charged for the inspection conducted by the trusted inspection authority pursuant to the provision of Article 4-2 of the Act may separately be determined by the trusted inspection authority, with the approval of the Minister of Agriculture and Forestry, within the scope of 5/1000 of the market price of the agricultural products in question. <Amended by Presidential Decree No. 12190, Jun. 30, 1987; Presidential Decree No. 13014, Jun. 2, 1990; Presidential Decree No. 15135, Aug. 8, 1996>
(4) The method of collecting inspection fees prescribed in paragraph (3) shall be determined by the trusted inspection authority concerned. <Amended by Presidential Decree No. 13014, Jun. 2, 1990>
Article 9-2(Exemption from Inspection Fees) #
Agricultural products that are exempted from inspection fees pursuant to Article 11 (1) 4 of the Act shall be as follows:
1. Agricultural products purchased or processed by the Government;
2. Exporting agricultural products, agricultural products imported by the Government or processed agricultural products after the import, or agricultural products imported by the National Agricultural Cooperatives Federation established under the Agricultural Cooperatives Act, by the National Livestock Cooperatives Federation established under the Livestock Industry Cooperatives Act or by the Agricultural and Fishery Products Marketing Corporation established under the Agricultural and Fishery Products Marketing Corporation Act; and
3. Agricultural products purchased for joint sale by the agricultural organization, which are those subject to inspection as prescribed in Article 2 (1) or which may be inspected as prescribed in paragraph (2) of the same Article: Provided, That agricultural products the inspection of which has been entrusted to the trusted inspection authority pursuant to the provisions of Article 5 (1) shall be excluded.
[This Article Wholly Amended by Presidential Decree No. 13014, Jun. 2, 1990]
Article 10(Inspection Deadline) #
(1) The inspection of agricultural products shall be conducted within such a period from the date of receipt of the inspection application form as specified in the following subparagraphs: <Amended by Presidential Decree No. 7876, Jan. 19, 1975; Presidential Decree No. 11475, Jul. 21, 1984; Presidential Decree No. 13014, Jun. 2, 1990>
1. Grains, potatoes, cash crops, sericultural products, fruits and vegetables: Five days
2. Seeds: Twenty days; and
3. Agricultural products other than those prescribed in paragraph (1) and (2): Seven days
(2) Where an inspection fails to be conducted within the prescribed inspection period by reason of natural disasters or other unavoidable causes, it shall be conducted within such a period from the date of termination of the causes under paragraph (1).
Article 11(Checkups) #
The Inspection Director may, where he considers it necessary for the examination of such matters as prescribed in the subparagraphs of Article 19-2 of the Act, require the owner or possessor of agricultural products inspected to submit reports thereon for checkups in the case of both taking them out of the place of storage and bringing them into the place of demand.
Article 12(Notice of Movement Ban and Return, etc.) #
Where the Inspection Director intends to order a movement ban on or return or recovery of agricultural products pursuant to subparagraphs of Article 19-2 of the Act, he shall do so in writing by specifying the grounds for the order, and shall, where necessary, notify the authorities concerned of the fact.
[This Article Wholly Amended by Presidential Decree No. 11475, Jul. 21, 1984]
Article 13(Enforcement Regulations) #
Matters necessary in relation to the enforcement of this Decree shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Presidential Decree No. 12190, Jun. 30, 1987; Presidential Decree No. 15135, Aug. 8, 1996>