Article 42(Delegation of authority) #
(1) The Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority over the following affairs to the Director of the National Agricultural Products Quality Management Service pursuant to Article 115(1) of the Act: <Amended on Mar. 23, 2013; Nov. 13, 2013; Feb. 11, 2014; Nov. 11, 2014; Dec. 30, 2016; May 29, 2017; Apr. 3, 2018; Dec. 28, 2021>
1. Operation of the subcommittee on geographical indications, such as holding of its meetings, deliberation, and notification of the results thereof, under Article 3(6) of the Act (excluding matters concerning fishery products);
2. Establishment, amendment, or abolishment of standards for agricultural products (excluding forestry products) under Article 5(1) of the Act;
2-2. Public notice of the Good Agricultural Practices under Article 6(1) of the Act;
3. Designation of institutions certifying Good Agricultural Practices, and disposition, such as cancellation of the designation thereof and the suspension of services thereof, under Articles 9 and 10 of the Act;
4. Deleted; <Apr. 3, 2018>
4-2. Performance of projects, such as education, publicity, and consulting assistance, etc., for consumers, etc. pursuant to Article 12-2 of the Act;
4-3. Issuance of orders to report Good Agricultural Practices and submit relevant data inspection, examination, etc. in accordance with Article 13 of the Act and the taking of measures according to the results of examination, inspection, etc. of facilities meeting Good Practices in accordance with Article 13-2 of the Act;
5. Registration of traceability of agricultural products, and disposition, such as cancellation of the registration thereof, under Articles 24 and 27 of the Act;
5-2. Receipt of reporting on succession to status under Article 28(2) (limited to reporting on succession to status of a Good Practices certification institution pursuant to under paragraph (1)1 of the same Article) of the Act;
6. Post management of standardized products, agricultural products bearing the certification of Good Practices, traceable agricultural products, and products bearing a geographical indication under Article 30, and 39 of the Act (excluding post management of standardized products and products bearing a geographical indication of fishery products or forestry products, and processed products of those);
6-2. Disposition, such as the correction of marks of standardized products, agricultural products bearing the certification of Good Practices, traceable agricultural products, and products bearing a geographical indication, and disposition, such as the correction of marks, under Articles 31 and 40 of the Act (excluding disposition, such as the correction of marks of standardized products and products bearing a geographical indication of fishery products or forestry products, and their processed products);
7. Registration of geographical indications of agricultural products (excluding forestry products) and processed agricultural products under Article 32(1) of the Act;
8. Registration and management of the registers of geographical indications of agricultural products (excluding forestry products) and processed agricultural products under Article 33 of the Act;
8-2. Prior approval for transfer and inheritance of rights to use geographical indications of agricultural products (excluding forestry products) and processed agricultural products under Article 35 of the Act;
9. Deleted; <Mar. 23, 2013>
10. Deleted; <Mar. 23, 2013>
11. Deleted; <Mar. 23, 2013>
12. Deleted; <Mar. 23, 2013>
13. Deleted; <Mar. 23, 2013>
14. Deleted; <Mar. 23, 2013>
15. Deleted; <Mar. 23, 2013>
16. Inspections of agricultural products under Article 79(1) of the Act (excluding inspections of agricultural products, silkworm eggs, and cocoons conducted by inspection institutions designated pursuant to Article 80 of the Act);
17. Designation of agricultural product inspection institutions, and disposition, such as cancellation of the designation thereof and the suspension of service thereof, under Articles 80 and 81 of the Act;
18. Issuance of inspection certificates under Article 84 of the Act;
18-2. Reinspection of agricultural products under Article 85 of the Act;
18-3. Cancellation of decision on inspection under Article 87 of the Act;
19. Certification of agricultural products and processed agricultural products under Article 98(1) of the Act;
19-2. Orders, such as the disuse or the prohibition of sale of agricultural products and processed agricultural products, and the publication of the results of certification under Article 98-2 of the Act;
20. Designation and renewal of designation of a certification institution under Article 99(1) and (5) of the Act;
20-2. Disposition, such as revocation of designation and suspension of business, of a certification institution under Article 100(1) of the Act;
21. Confirmation, examinations, inspections, etc. (excluding fishery products, processed fishery products, forestry products, and processed forestry products) under Article 102 of the Act;
22. Appointment and management of honorary monitors of agricultural products (excluding fishery products, processed fishery products, forestry products and processed forestry products) under Article 104 of the Act;
22-2. Operation of a quality controller system for agricultural products under Article 105 of the Act;
22-3. Matters concerning education for agricultural product quality controllers under Article 107-2 of the Act;
23. Revocation of qualifications for agricultural product quality controllers under Article 109 of the Act;
24. Financial support for the improvement of quality, the promotion of standardization, the management of agricultural product quality controllers, etc. under Article 110 of the Act; provided, support for fishery products, processed fishery products, forestry products, and processed forestry products shall be excluded herefrom;
25. Exemption from, and the collection of, fees under Article 113 of the Act;
25-2. A hearing under subparagraphs 1, 2, 6, 7, 8, 11, 12, 15, and 16 of Article 114 of the Act;
26. Imposition and collection of administrative fines (excluding administrative fines for offenses related to forestry products and processed forestry products among offenses referred to in Article 30(2) of the Act) under Article 123(3) of the Act;
26-2. Formulation of plans to conduct qualifying examinations for agricultural product quality controllers under Article 36(2);
27. Issuing and reissuing certificates of qualifications for agricultural product quality controllers, and recording such in the register of issuance of certificates under Article 40.
(2) The Minister of Food and Drug Safety shall delegate his or her authority over the following affairs to the heads of regional food and drug safety pursuant to Article 115(1) of the Act: <Added on Mar. 23, 2013>
1. Inspection as to whether genetically modified agricultural and fishery products are labeled pursuant to Article 58 of the Act;
2. Disposition provided for in Article 59(1) of the Act, order of public announcement provided for in paragraph (2) of the same Article, and publication provided for in paragraph (3) of the same Article;
3. Imposition and collection of administrative fines for offenses provided for in Articles 56(1) and (2), 58(1), and 62(1) of the Act, among administrative fines under Article 123(1) of the Act.
(3) Deleted. <Dec. 28, 2021>
(4) The Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority concerning forestry products and processed forestry products among his or her authority on the following affairs to the Minister of Korea Forest Service pursuant to Article 115(1) of the Act: <Amended on Mar. 23, 2013; Dec. 30, 2016>
1. Establishment, amendment, or abolishment of standards under Article 5(1) of the Act;
2. Post management of standardized products and products bearing a geographical indication, and disposition, such as the correction of marks, under Articles 30, 31, 39, and 40 of the Act;
3. Registration of geographical indications under Article 32(1) of the Act;
4. Registration and management of the registers of geographical indications under Article 33 of the Act;
4-2. Prior approval for transfer and inheritance of rights to use geographical indications under Article 35 of the Act;
5. Confirmation, examinations, inspections, etc. under Article 102 of the Act;
6. Appointment and management of honorary monitors of agricultural and fishery products under Article 104 of the Act;
7. Financial support for the improvement of quality, the promotion of standardization, etc. under Article 110 of the Act;
8. Imposition and collection of administrative fines (limited to offenses referred to in Article 30(2) of the Act) under Article 123(3) of the Act.
(5) The Minister of Oceans and Fisheries shall delegate his or her authority over the following affairs to the President of National Fisheries Research and Development Institute pursuant to Article 115(1) of the Act: <Amended on Mar. 23, 2013>
1. Deleted; <Mar. 23, 2013>
2. Deleted; <Mar. 23, 2013>
3. Examinations and inspections under Article 76(1) of the Act;
4. Imposition and collection of administrative fines under Article 123(1)1 of the Act (limited to administrative fines under the authority delegated pursuant to subparagraph 3).
(6) The Minister of Oceans and Fisheries shall delegate his or her authority relating to fishery products and processed fishery products to the Chief of the National Fishery Products Quality Management Service pursuant to Article 115(1) of the Act: <Amended on Mar. 23, 2013; May 31, 2013; Nov. 13, 2013; Feb. 11, 2014; Mar. 25, 2016; Dec. 30, 2016; Nov. 26, 2019; Apr. 27, 2022; Feb. 24, 2023>
1. Operation of the subcommittee on geographical indications under Article 3(6) of the Act;
2. Establishment, amendment, or abolishment of standards under Article 5(1) of the Act;
3. Quality certification and the cancellation thereof under Articles 14 and 16 of the Act;
3-2. Setting and extension of the validity period of quality certification under Article 15 of the Act;
4. Designation of quality-certifying institutions, and disposition, such as cancellation of the designation thereof and the suspension of service thereof, under Articles 17 and 18 of the Act;
5. Orders to submit reports or data relating to quality certification and on-site entry, inspection, and investigation under Article 19 of the Act;
6. Acceptance of a report on succession to status under Article 28(2) of the Act (limited to a report on succession to the status of a quality certification institution under paragraph (1)3 of that Article);
7. Post management of standardized products, quality-certified products, products bearing a geographical indication, and disposition, such as the correction of marks, under Articles 30, 31, 39, and 40 of the Act;
8. Registration of geographical indications under Article 32(1) of the Act;
9. Registration and management of the registers of geographical indications under Article 33 of the Act;
9-2. Prior approval for transfer and inheritance of rights to use geographical indications under Article 35 of the Act;
10. Deleted; <Feb. 24, 2023>
11. Deleted; <Mar. 23, 2013>
12. Deleted; <Mar. 23, 2013>
13. Deleted; <Mar. 23, 2013>
14. Deleted; <Mar. 23, 2013>
15. Deleted; <Mar. 23, 2013>
16. Deleted; <Mar. 23, 2013>
17. Issuance of documents certifying the fact of performance under Article 70(4) of the Act;
17-2. Deleted; <Amended on Feb. 24, 2023>;
17-3. Deleted; <Amended on Feb. 24, 2023>;
18. Acceptance of registration of, and reports on changes in registered matters of, fishery products production and processing facilities, etc. under Article 74 of the Act;
19. Orders to report matters concerning sanitary control under Article 75(1) of the Act and the receipt of reports thereon (excluding facilities observing Hazard Analysis and Critical Control Points in the production stage, storage stage, and post-shipment, but pre-transaction stage under Article 70(2) of the Act, and registered pursuant to Article 74(1) of the Act);
20. Examinations and inspections as to whether production or processing facilities, etc. under Article 76(2) and (4) of the Act meet the sanitary control standards and observe Hazard Analysis and Critical Control Points (with regard to the production stage, storage stage, and post-shipment, but pre-transaction stage among examinations and inspections as to whether to observe Hazard Analysis and Critical Control Points, only applicable where a person intends to register production or processing facilities, etc. pursuant to Article 74 (1) of the Act) and entry, examination, inspection, or collection for such purpose, and requests for joint examination and inspection under Article 76(7) of the Act;
20-2. Deleted; <Feb. 24, 2023>;
21. Orders to correct, restrict, or suspend production, processing, shipment, or transport, and orders to improve or repair production or processing facilities, etc. (excluding facilities observing Hazard Analysis and Critical Control Points in the production stage, storage stage, and post-shipment, but pre-transaction stage under Article 70(2) of the Act, and registered pursuant to Article 74(1) of the Act) to production or processing facilities, etc. or producers or processors, etc. under Article 78 of the Act, and disposition of cancellation of the registration thereof;
22. Inspections of fishery products, etc. under Article 88 of the Act;
23. Designation of institutions inspecting fishery products under Article 89 of the Act;
24. Cancellation of designation of institutions inspecting fishery products and disposition of the suspension of inspection affairs under Article 90 of the Act;
25. Disposition of cancellation of the license for fishery product inspectors under Article 92 of the Act, and indicating the results of inspections under Article 93 of the Act;
26. Issuance of inspection certificates under Article 94 of the Act;
27. Notification of disapproval, and requests for the disuse of fishery products or processed fishery products, the prohibition of sale of such products, etc. under Article 95 of the Act;
28. Re-inspections under Article 96 of the Act;
29. Cancellation of the post-inspection determination under Article 97 of the Act;
30. Certification of fishery products under Article 98(1) of the Act;
30-2. Orders, such as the disuse or prohibition of sale of fishery products, and the publication of the results of certification under Article 98-2 of the Act;
31. Designation of fishery products certification institutions, acceptance of reports on changes in designation, and renewal of designation under Article 99 of the Act;
32. Disposition of cancellation of the designation of institutions certifying fishery products under Article 100 of the Act;
33. Confirmation, examinations, inspections, etc. under Article 102 of the Act;
33-2. Deleted; <Amended on Feb. 24, 2023>;
34. Appointment and management of honorary monitors of agricultural and fishery products under Article 104 of the Act;
34-2. Operation of the quality controller system for fishery products under Article 105 of the Act;
34-3. Cancellation of qualification of fishery product quality controllers under Article 109 of the Act;
35. Financial support for the improvement of quality, the promotion of standardization, the management of fishery product quality controllers, etc. under Article 110 of the Act;
35-2. Hearings pursuant to Article 114(1)3, 4, 7, 8, 10 (excluding cases where orders for correction, restriction or suspension of production, processing, shipment, and transportation, or an order for improvement or repair of production and processing facilities, etc. are issued for a facility implementing the Hazard Analysis and Critical Control Points under Article 70(2) of the Act), and 13 through 16 of the Act;
36. Imposition and collection of administrative fines under Article 123(3) of the Act;
37. Issuing and reissuing certificates of fishery product quality controllers, and recording such in the register of issuance of certificates of fishery product quality controllers under Article 40-6.
(7) The Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall delegate his or her authority over the following affairs to the Mayor of Special Metropolitan City, the Mayor of each Metropolitan City, the Governor of each Do, or the Governor of a Special Self-Governing Province pursuant to Article 115(1) of the Act: <Amended on Mar. 23, 2013; Nov. 26, 2019>
1. Restrictions on or prohibition of discharging pollutants, raising domestic animals, and using veterinary drugs in designated sea areas and neighboring sea areas under Article 73(1) and (2) of the Act;
2. Orders to report matters concerning sanitary control under Article 75(1) of the Act and the receipt of reports thereon (limited to facilities observing Hazard Analysis and Critical Control Points under Article 70(2) of the Act, and registered pursuant to Article 74(1) of the Act);
3. Examinations or inspections as to whether production or processing facilities, etc. under Article 76(2) of the Act observe Hazard Analysis and Critical Control Points (limited to facilities observing Hazard Analysis and Critical Control Points under Article 70(2) of the Act, and registered pursuant to Article 74(1) of the Act);
4. Restrictions on the production of fishery products in designated sea areas under Article 77 of the Act;
5. Orders to correct, restrict, or suspend production, processing, shipment, or transport, or orders to improve or repair production or processing facilities, etc. under Article 78 of the Act (limited to facilities implementing Hazard Analysis and Critical Control Points under Article 70(2) of the Act, and registered pursuant to Article 74(1) of the Act);
6. Inspections for silkworm eggs and cocoons among agricultural products under Article 79 of the Act;
7. Appointment and management of honorary monitors of agricultural and fishery products under Article 104 of the Act;
8. Hearings under Article 114 of the Act (limited to hearings on the authority delegated pursuant to subparagraph 5);
9. Imposition and collection of administrative fines under Article 123(3) of the Act (limited to administrative fines on the authority delegated pursuant to subparagraph 8).
(8) The Minister of Oceans and Fisheries shall delegate his or her authority for ascertainment or examination under Article 76(4)2 of the Act as to whether pollutants are discharged, domestic animals are raised, and veterinary drugs are used, to the Special Self-Governing Province Governor or the head of each Si/Gun/Gu (referring to the head of each autonomous Gu) under Article 115(1) of the Act. <Amended on Mar. 23, 2013; Dec. 28, 2021>