Enforcement Rule of the Food Sanitation Act

Article 1(Purpose) #

The purpose of this Rule is to prescribe matters mandated by the Food Sanitation Act and the Enforcement Decree of the same Act and matters necessary for the enforcement thereof.

Article 2(Standards for the Sanitary Handling of Food, etc.) #

The standards for the sanitary handling of food, food additives, apparatus, container, or packaging (hereinafter referred to as "food, etc.") under Article 3 (3) of the Food Sanitation Act (hereinafter referred to as the "Act") shall be as prescribed in attached Table 1.

Article 3(Food, etc. Allowed for Sale, etc.) #

Food, etc. containing or is likely to contain poisonous or harmful substances or is smeared or is likely to be smeared with such substances which are deemed not to cause any harm to human body by the Minister of Food and Drug Safety in accordance with the proviso of subparagraph 2 of Article 4 of the Act shall not be prohibited for selling, etc. accordingly to any of the following subparagraphs. <Amended on Mar. 23, 2013>

1. Suitable for the standards for manufacturing or processing, etc. and specifications on ingredients of food, etc. (hereinafter referred to as the "specifications and standards for foods, etc.) under Article 7 (1) and (2) of the Act or Article 9 (1) and (2) of the Act.

2. Those without prescribed standards and specifications of food, etc. of subparagraph 1 which the Minister of Food and Drug Safety deems the level of toxicity to be not causing harm to human health through the deliberation of the Food Sanitation Deliberation Committee (hereinafter referred to as the "Food Sanitation Deliberation Committee") under Article 57 of the Act.

Article 4(Meat Affected by Diseases Prohibited for Sale, etc.) #

"Diseases prescribed by Ordinance of the Prime Minister" in Article 5 of the Act refer to diseases of the following subparagraphs. <Amended on Mar. 19, 2010, June 29, 2012, Mar. 23, 2013, Feb. 19, 2014>

1. Contagious animal diseases banned for slaughtering in accordance with subparagraph 1 (c) of attached Table 3 of the Livestock Products Sanitary Control Act.

2. Listeriosis, salmonellosis, pasteurellosis, and trichinelliasis

Article 5(Recognition, etc. of Temporary Standards and Specifications of Food, etc.) #

(1) Food, etc. that can be temporarily deemed for standards on manufacturing, processing, etc. and specifications on ingredients in accordance with Article 7 (2) or Article 9 (2) are as the following subparagraphs. <Amended on Aug. 19, 2011, Mar. 23, 2013, Aug. 4, 2016>

1. Food (only if used as raw materials)

(a) Agricultural products, livestock products, fishery products, etc. that are to be newly used as raw materials in Korea

(b) Raw materials that are used food which are obtained by extracting, concentrating, and separating from agricultural products, livestock products, and fishery products

2. Food additives: Food additives which have not been determined by individual standards and specifications pursuant to Article 7 (1) of the Act

3. Apparatus or container/packaging: Apparatus or container/packaging used in food and food additives where individual standards and standards are not notified under Article 9 (1) of the Act

(2) With respect to the manufacturing and processing standards and specification of ingredients temporarily approved by the testing and inspection agency (hereinafter referred to as "testing and inspection agency of food, etc.") prescribed by the Ordinance of the Prime Minister under Article 6 (3) 1 of the Act on Testing and Inspection in the Food and Drug Industry or the proviso of paragraph (4) of the same Article, the Minister of Food and Drug Safety may request for corrective order to the testing and inspection agency of food, etc. when the details of the review are deemed as being non-compliant to the review standards prescribed by paragraph (4). <Amended on Mar. 23, 2013, Aug. 20, 2014>

(3) The testing and inspection agency may request the entrusted person for the review to submit relevant documents, raw materials, and special reagents necessary for testing when needed for the review under paragraph (2). <Amended on Aug. 20, 2014>

(4) The Minister of Food and Drug Safety shall determine and publicly notify details on standards for review, etc. necessary for temporarily approved manufacturing and processing standards and specification of ingredients. <Amended on Mar. 23, 2013>

Article 5-2(Establishment of Maximum Residue Limits of Pesticides or Veterinary Drugs) #

(1) A person who intends to apply for the setting of maximum residue limits of pesticides or veterinary drugs (hereinafter referred to as "maximum residue limits") in accordance with Article 7-3 (1) on food shall submit the application as presented in Form 1 (including a written electronic application) to the Minister of Food and Drug Safety.

(2) A person who intends to request for the setting of maximum residue limits of imported food in accordance with Article 7-3 (2) shall attach the data of the following subparagraphs on the request form for the setting as presented in Form 1-2 (including a written electronic application) and submit it to the Minister of Food and Drug Safety.

1. Data and summary of the toxicity of pesticides or veterinary drugs

2. Data and summary of food residuals of pesticides or veterinary drugs

3. Data on the maximum residue limits of the Codex Alimentarius Commission and data on setting maximum residue limits

4. Data on the maximum residue limits of exporting countries and data on setting maximum residue limits

5. Reference standards for pesticides or veterinary drugs of exporting countries

(3) The Minister of Food and Drug Safety may set maximum residue limits when the request made under paragraph (1) or the requested details under paragraph (2) is valid and shall immediately notify the applicant or requestor of the decision of setting maximum residue limits as prescribed in Form 1-3.

[This Article Newly Inserted on Mar. 6, 2014]

Article 5-3(Change of Maximum Residue Limits) #

(1) Where the person who has received the setting of maximum residue limits as prescribed by Article 5-2 (1) or (2) is in need of changing the maximum residue limits, he/she shall submit a request form for change as presented in Form 1 or Form 1-2 to the Minister of Food and Drug Safety.

(2) A person who intends to receive verification of not needing the setting of maximum residue limits rather than applying or requesting for the setting of maximum residue limits under Article 5-2 (1) or (2) shall submit an application for exemption as presented in Form 1 or Form 1-2 to the Minister of Food and Drug Safety.

(3) Article 5-2 (3) shall apply mutatis mutandis to the change, exemption of establishment, and notification of the maximum residue limits.

[This Article Newly Inserted on Mar. 6, 2014]

Article 5-4(Establishment and Implementation of the Master Plan for Management of Standards and Specifications of Foods, etc.) #

(1) The type of harmful substances targeted for evaluation or management of the amount of exposure included in the master plan for management of standards and specifications of foods, etc. (hereinafter referred to as "management plan") as prescribed in Article 7-4 (1) of the Act are as the following subparagraphs.

1. Heavy metals

2. Fungal toxins

3. Organic contaminants

4. Contaminants generated during manufacturing and processing

5. Other harmful substances recognized for the necessity of evaluating and managing the amount of exposure for safety control of food, etc. by the Minister of Food and Drug Safety.

(2) Where the Minister of Food and Drug Safety establishes or implements a management plan or action plan for management of standards and specifications of foods, etc. under Article 7-4 (3), the data shall be based on the following subparagraphs.

1. Data on the pollution level of harmful substances in food, etc.

2. Data on the reduction of harmful substances in food, etc.

3. Data on Total Diet Study (TDS)

4. Data on the research on nutrition and diet pursuant to Article 7 (2) 2 (c) of the National Nutrition Management Act.

[This Article Newly Inserted on Aug. 18, 2015]

Article 5-5(Reevaluation, etc. of Standards and Specifications of Food, etc.) #

(1) The subjects for reevaluation under Article 7-5 (1) of the Act are as the following subparagraphs.

1. Standards and specifications of food or food additives as prescribed by Article 7 (1) of the Act.

2. Standards and Specifications of apparatus or containers/packaging as prescribed by Article 9 (1).

(2) The Minister of Food and Drug Safety shall receive deliberation from the Food Sanitation Deliberation Committee by writing the plan in advance for reevaluation under Article 7-5 (1) of the Act.

(3) The Minister of Food and Drug Safety shall determine and notify the details on the method and process of reevaluation under Article 7-5 (1) of the Act.

[This Article Newly Inserted on Aug. 18, 2015]

Article 6(Recognition Procedure, etc. of Renewable Raw Materials Used for Apparatus, Containers and Packages) #

(1) The "renewable raw materials that have undergone the process prescribed by Ordinance of the Prime Minister, such as decomposition, refining, or compounding through heating or chemical reactions" from the proviso of Article 9-2 (2) of the Act refers to the process of decomposing synthetic resin into raw materials through heating or chemical reactions, and then compounding the purely purified product through distillation, crystallization, etc.

(2) A person who intends to obtain recognition of whether renewable raw materials used for apparatus, containers and packages meet the standard under paragraph (1) as prescribed by Article 9 (2) and (3) of the Act shall submit an application for recognition of renewable raw materials used for apparatus, containers and packages as presented in Form 1-4 along with the documents of the following subparagraphs to the Minister of Food and Drug Safety.

1. Documents concerning raw materials used in the renewable process

2. Documents concerning the renewable process

3. Documents concerning the elimination method of contaminants

4. Other documents prescribed and notified by the Minister of Food and Drug Safety as necessary to determine whether the standards under Article 9 (2) (1) of the Act are met.

(3) Where the renewable raw materials for which an application for recognition is filed under paragraph (2) meet standards prescribed in Article 9-2 (1), the Minister of Food and Drug Safety shall issue a certificate of recognition of renewable raw materials used for apparatus, containers and packages as presented in Form 1-5.

[This Article Newly Inserted on Dec. 9, 2022]

Article 7 #

Deleted <April 25, 2019>

Article 8 #

Deleted <April 25, 2019>

Article 9(Request for Sanitary Inspection, etc.) #

Any person who intends to request entry, inspection, collection, etc. of foods, etc. (hereinafter referred to as "sanitary inspection, etc.") under Article 6 (2) of the Enforcement Decree of the Food Sanitation Act (hereinafter referred to as the "Enforcement Decree") shall submit a request as presented in Form 1-4 with a certificate verifying his or her identity to the Minister of Food and Drug Safety, the head of the competent Regional Office of the Food and Drug Safety, the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of the competent Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). <Amended on Mar. 23, 2013, Mar. 6, 2014, Aug. 4, 2016, June 12, 2019>

Article 9-2(Requesting Agencies for Sanitary Inspection, etc.) #

The "food sanitary inspection agencies prescribed by the Ordinance of the Prime Minister" in the part of the main sentence other than each subparagraph of Article 16 (1) of the Act are the institutions of the following subparagraphs. <Amended on June 12, 2019>

1. National Institute of Food and Drug Safety Evaluation

2. Regional Office of the Food and Drug Safety

3. Public health and environment research institutes under Article 2 (1) of the Public Health And Environment Research

Institute Act

[This Article Newly Inserted on Mar. 6, 2014]

Article 10(Subjects for Urgent Action, etc.) #

The phrase "when the probability of risks to foods, etc. is raised in Korea or overseas, on the basis of scientific grounds prescribed by Ordinance of the Prime Minister" prescribed in Article 17 (1) 1 of the Act refers to cases when the Food Sanitation Deliberation Committee recognizes that there is a concern of harming human health by investigation and deliberation based on scientific testing, data analysis, etc. <Amended on Mar. 19, 2010, Mar. 23, 2013>

Article 11(Request for Revocation of Prohibitive Measures) #

Any business operator who intends to request revocation of all or part of the prohibitive measures under Article 7 (3) of the Enforcement Decree shall submit the request as presented in Form 2 along with written test/inspection results (hereinafter referred to as "written inspection results") issued by a testing and inspection agency specializing in food designated under Article 6 (3) 1 of the Act on Testing and Inspection in the Food and Drug Industry or a testing and inspection prescribed by Ordinance of the Prime Minister under the proviso of paragraph (4) of the same Article to the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013, Aug. 20, 2014>

Article 12 #

Deleted <Feb. 4, 2016>

Article 12-2 #

Deleted <Feb. 4, 2016>

Article 13 #

Deleted <Feb. 4, 2016>

Article 14 #

Deleted <Feb. 4, 2016>

Article 15 #

Deleted <Feb. 4, 2016>

Article 15-2 #

Deleted <Feb. 4, 2016>

Article 15-3 #

Deleted <Feb. 4, 2016>

Article 15-4 #

Deleted <Feb. 4, 2016>

Article 15-5 #

Deleted <Feb. 4, 2016>

Article 15-6 #

Deleted <Feb. 4, 2016>

Article 15-7 #

Deleted <Feb. 4, 2016>

Article 15-8(Implementation Period of Inspection Orders) #

The deadline for inspection under Article 19-4 (2) of the Act shall be within 20 days of the day receiving the inspection order under subparagraph 1 of the same Article.

[This Article Newly Inserted on Jan. 17, 2012]

Article 16 #

Deleted <Feb. 4, 2016>

Article 17 #

Deleted <Feb. 4, 2016>

Article 18 #

Deleted <Feb. 4, 2016>

Article 19(Entry, Inspection, Collection, etc.) #

(1) The entry, inspection, collection, etc. of foods, etc. in accordance with Article 22 of the Act shall be carried out occasionally when it is deemed necessary for the public health and sanitation.

(2) Notwithstanding paragraph (1), entry, inspection, collection, etc. of foods, etc. on business operators that have received administrative dispositions shall be carried out more than once within six months from the date of the disposition under Article 89. Provided, that this shall not apply in cases when a business operator that has received an administrative disposition notifies the implementation results of the disposition.

Article 20(Collection Volume and Request for Inspection, etc.) #

(1) The subject of foods, etc. which can be collected free of charge in accordance with Article 22 (1) 2 (b) of the Act and the collection volume are as follows in attached Table 8.

(2) Where the public officials in charge of collecting foods, etc. pursuant to paragraph (1), they shall issue a certificate of collection (including a written electronic application) as presented in Form 16. <Amended on Aug. 19, 2011>

(3) The public officials in charge of collecting foods, etc. pursuant to paragraph (1) shall seal the collected foods, etc. at the place of collection and seal it with the seal of the public official concerned and the collected party.

(4) The Minister of Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall, without delay, request inspection of foods, etc. collected under paragraph (1) to a testing and inspection agency specializing in food designated by the Minister of Food and Drug Safety under Article 6 (3) 1 of the Act on Testing and Inspection in the Food and Drug Industry or a testing and inspection agency prescribed by the Ordinance of the Prime Minister under the proviso of paragraph (4) of the same Article. <Amended on Mar. 23, 2013, Mar. 6, 2014, Aug. 20, 2014>

(5) Where the Minister of Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu has a public official access to, conduct an inspection, perform collection, etc. of foods, etc. under Article 22 (1) of the Act, he or she shall record the details and keep them in the register for processing collection and inspection (including a written electronic application) as presented in Form 17. <Amended on Aug. 19, 2011, Mar. 23, 2013>

(6) The certificate indicating the authority of a public official to access, conduct an inspection, perform collection, or read related documents of foods, etc. in accordance with Article 22 (3) of the Act is as presented in Form 18.

Article 20-2(Procedure and Method for Requesting Re-Inspection of Foods, etc.) #

(1) The business operator who intends to request re-inspection of foods, etc. in accordance with the main sentence in Article 23 (2) of the Act shall submit a re-inspection application of foods, etc. (including a written electronic application) as presented in Form 17-2 within 60 days from the date of notification of the inspection results under Article 23 (1) of the Act with documents attached as the following subparagraphs to the Minister of Food and Drug Safety (including the heads of Regional Offices of the Food and Drug Safety; hereinafter the same shall apply), Mayor/Do Governor, or the head of the competent Si/Gun/Gu.

1. Documents concerning the results of the inspection prescribed in Article 23 (1) of the Act

2. A written inspection results or inspection certificate prescribed in the phrase of Article 23 (2) of the Act

3. Data that proves that the product for inspection under subparagraph 2 is the same product as the product for inspection under subparagraph 1 (limited to products manufactured/produced through the same manufacturing process at the same business facility on the same day)

(2) The Minister of Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall reinspect in accordance with the classification of the following subparagraphs when the request for reinspection under paragraph (1) matches the reinspection condition under the former part of Article 23 (3) of the Act.

1. For inspections conducted by the public health and environment research institutes under Article 2 (1) of the Public Health and Environment Research Institute Act, requests will be made to the heads of Regional Offices of the Food and Drug Safety for the inspections.

2. For inspections conducted by inspection agencies specializing in food under Article 6 (3) 1 of the Act on Testing and Inspection in the Food and Drug Industry, requests will be made to the heads of Regional Offices of the Food and Drug Safety for the inspections.

3. For inspections conducted by the heads of Regional Offices of the Food and Drug Safety, requests will be made to the president of the National Institute of Food and Drug Safety Evaluation for the inspections.

(3) The reinspection of foods, etc. under Article 23 (3) shall be conducted on remaining products after the inspection under Article 23 (1). Provided, that there are no remaining products, reinspection of foods, etc. shall be conducted on the products that are the same as the inspected products under Article 23 (1) (limited to products manufactured/produced through the same manufacturing process at the same business facility on the same day).

(4) The Minister of Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall notify the applicant of the result as presented in Form 17-3 when the reinspection is completed in accordance with Article 23 (3). In this case, the period of notification shall be 20 days from the date of the reinspection request pursuant to paragraph (1).

(5) The necessary details for the reinspection request process, reinspection methods, etc. of foods, etc. other than the stipulated details from paragraph (1) through (4) shall be prescribed and notified by the Minister of Food and Drug Safety.

[This Article Newly Inserted on June. 12, 2019]

Article 21(Subjects Exempted from Reinspection of Foods, etc.) #

The inspection items exempted from reinspection in accordance with the proviso of Article 23 (2) of the Act shall be inspections related to foreign matters, microorganisms, fungal toxins, pesticide residuals, and residuals of veterinary drugs

[This Article Newly Inserted on Dec. 31, 2015]

Article 22 #

Deleted <Aug. 20, 2014>

Article 23 #

Deleted <Aug. 20, 2014>

Article 24 #

Deleted <Aug. 20, 2014>

Article 25 #

Deleted <Aug. 20, 2014>

Article 26 #

Deleted <Aug. 20, 2014>

Article 27 #

Deleted <Aug. 20, 2014>

Article 28 #

Deleted <Aug. 20, 2014>

Article 29 #

Deleted <Aug. 20, 2014>

Article 30 #

Deleted <Aug. 20, 2014>

Article 31(Self-Quality Inspection) #

(1) Self-quality inspection under Article 31 (1) of the Act shall be performed according to the standards for self-quality inspection prescribed in attached Table 12.

(2) Deleted <Aug. 20, 2014>

(3) Deleted <Aug. 20, 2014>

(4) The records of the self-inspection shall be kept for two years.

Article 31-2(Exemption of Self-Quality Inspection Obligations) #

Where a business adopting HACCP is exempted from the self-quality inspection obligations in accordance with Article 31-2 (2) of the Act shall be a case when the result of the investigation/evaluation under Article 66 (1) on businesses adopting HACCP is over 95 percent out of full marks.

[This Article Newly Inserted on Aug. 2, 2016]

Article 31-3(Reporting Procedures, etc. of Verification Inspections, etc.) #

(1) A business operator requesting verification inspections under Article 31-3 (1) shall report to the head of the competent Regional Office of the Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu along with the documents of the following subparagraphs to the verification inspection request report as presented in Form 17-4.

1. Written inspection results of self-quality inspections pursuant to Article 31-3 (1) of the Act

2. Verification inspection request form

(2) The head of the competent Regional Office of the Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu that has been reported of the request for verification inspection under paragraph (1) shall notify such fact to the Minister of Food and Drug Safety.

(3) The foods, etc. testing and inspection agency under Article 6 (2) 1 of the Act on Testing and Inspection in the Food and Drug Industries that perform the verification inspection in accordance with the main sentence of Article 31-3 (2) shall issue a written inspection result for the verification inspection as presented in Form 17-5.

[This Article Newly Inserted on July 28, 2022]

[Previous Article 31-3 moved to Article 31-6 <Jul. 28, 2022>]

Article 31-4 (Inspection Items Exempted from Verification Inspection) The "inspection items prescribed by Ordinance of the Prime Minister, such as those that can lead to different results as time elapses" from the proviso of Article 31-3 (2) of the Act refers to foreign matters, microorganisms, fungal toxins, pesticide residuals, and residuals of veterinary drugs.

[This Article Newly Inserted on July 28, 2022]

Article 31-5 (Final Verification Inspection Request Procedure, etc.) (1) The business operator that intends to request for a final verification inspection pursuant to Article 31-3 (3) of the Act shall submit the application for final verification inspection as presented in Form 17-6 within in 60 days from the date of notification of the results of the verification inspection under Article 31-3 (2) of the Act along with the documents of the following subparagraphs to the head of the competent Regional Office of the Food and Drug Safety.

1. Written inspection results of self-quality inspections pursuant to Article 31-3 (1) of the Act

2. Written inspection results of the verification inspection pursuant to Article 31-3 (2) of the Act

3. Data that proves that the self-quality inspections are conducted on the same products as the verification inspections (limited to products manufactured/produced through the same manufacturing process at the same business facility on the same day)

(2) The head of the competent Regional Office of the Food and Drug Safety who has been requested of a final verification inspection under paragraph (1) shall issue a written inspection result form on the final verification inspection as presented in Form 17-7 within 20 days from receiving the request after completing the final verification inspection.

[This Article Newly Inserted on July 28, 2022]

Article 31-6 (Training Hours, etc. of the Food Sanitation Supervisors) (1) Food sanitation supervisors under Article 32 (1) of the Act (hereinafter referred to as "food sanitation supervisors" in this Article) shall receive on-the-job trainings for more than 7 hours every year pursuant to Article 17-2 of the Enforcement Decree. Provided, that in the first year of his or her appointment as a food sanitation supervisor, he/she shall be required to receive more than 21 hours of on-the-job training.

(2) The on-the-job training for food sanitation supervisors under Article 17-2 of the Enforcement Decree shall include the details of the following subparagraphs.

1. Matters concerning the statutes and regulations on food safety

2. Matters concerning the standards and specifications of foods, etc.

3. Matters concerning the duties of food sanitation supervisors under Article 17 of the Enforcement Decree

4. Other matters deemed by the Minister of Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu as being necessary for strengthening the expertise and capability of food sanitation supervisors which are equivalent to the matters from subparagraph 1 through 3.

(3) The necessary details on the operations of training food sanitation supervisors, etc. other than the matters stipulated from paragraph (1) and (2) shall be prescribed and notified by the Minister of Food and Drug Safety.

[This Article Newly Inserted on Nov. 20, 2019] [Moved from Article 31-3 <Jul. 28, 2022>]

Article 32(A Written Approval and a Certificate upon Food Sanitation Supervisors Entering Solely) #

Upon entering places of business on their own in accordance with Article 18 (7) of the Enforcement Decree, a written approval and a certificate which the food sanitation supervisors shall carry is as presented in Form 24 and Form 25, respectively.

Article 33 #

Deleted <Dec. 31, 2015>

Article 34 #

Deleted <Dec. 31, 2015>

Article 35(Procedures of Sanitary Inspection and Display of the Results, etc.) #

(1) A business operator who intends to apply for inspection of sanitary management status under Article 35 (1) of the Act shall submit a participation application of sanitary inspection by customers as presented in Form 28 (including a written electronic application) along with documents (including electronic documents) classified as the following subparagraphs. <Amended on Mar. 23, 2013>

1. For food manufacturing or processing business of Article 21 (1) of the Enforcement Decree and food additives manufacturing business of Article 21 (3) of the Enforcement Decree: Documents concerning product name, the used raw materials and mixing ratio of ingredients, method of manufacturing and processing, and name of food additives and the amount used

2. For other food sales business office of subparagraph 5 (b) 6) of Article 21 of the Enforcement Decree: Documents concerning the safety, sanitary management, preservation, and storage of the product

3. For business operators designated as an exemplary business under Article 47 (1) of the Act from food service business operators of subparagraph 8 of Article 21 of the Enforcement Decree. Documents concerning the structure and environment of the building, such as water sources and drainage facilities, kitchen facilities and appliances, storage and transportation of raw materials, service of employees, catered side dishes and price display, and facilities and equipment for handling leftovers

(2) Where the Minister of Food and Drug Safety receives applications in accordance with paragraph (1), an inspection team consisted of appropriate professionals shall be organized from those with professional knowledge on food sanitation or those recommended by heads of consumer organizations considering the type of business of the relevant business office for them to conduct a sanitary inspection within a month from the receipt of the application. <Amended on Mar. 23, 2013>

(3) The Minister of Food and Drug Safety shall issue a certificate for passing the sanitation inspection in Form 29 under Article 2 when a business operator passes the sanitary inspection, and the relevant business operator may indicate or advertise of him or her passing the sanitary inspection under attached Table 13. In this case, the indication shall be displayed where it is easily seen by consumers considering the product, packaging, container, and the design. <Amended on Mar. 23, 2013>

(4) In respect to business entities with grade of excellence, the Minister of Food and Drug Safety, Mayor/Do Governor, or the head of the competent Si/Gun/Gu in accordance with Article 35 (3) of the Act may not access to, conduct an inspection, perform collection, etc. of foods etc. under Article 22 of the Act for two years from the date of confirming the grade of excellence. <Amended on Mar. 23, 2013>

Article 36(Facility Standards by Type of Business) #

The facility standards by type of business under Article 36 of the Act are as follows in attached Table 14.

Article 37(Subjects for Instantly-Available Food Manufacturing or Processing Business) #

"Foods prescribed by Ordinance of the Prime Minister" under subparagraph 2 of Article 21 of the Enforcement Decree are as follows in attached Table 15. <Amended on Mar. 19, 2010, Mar. 23, 2013>

Article 38(Subjects to be Declared as Food Subdivision Business) #

(1) "Foods or food additives prescribed by Ordinance of the Prime Minister" in subparagraph 5 (a) of Article 21 of the Enforcement Decree refers to food that are subjects of business under subparagraph 1 and 3 of Article 21 of the Enforcement Decree (including imported food or food additives) and honey (excluding cases where the business operator subdivides or packages honey collect by himself/herself). Provided, upon falling under any one of each subparagraph as follows subdivision or sale is banned. <Amended on Mar. 19, 2010, Mar. 23, 2013, Oct. 13, 2014, Aug. 24, 2020>

1. Fish meat products

2. Special-purpose foods (excluding dietary food for weight control)

3. Canned or tinned products

4. Retort food

5. Starch

6. Soy sauces, pastes, and vinegar (excluding cases where there is no concerns over health risks as it being individually packaged to avoid product content exposure to the outside)

(2) Where a person who declared himself/herself as a food or food additives manufacturing business intends to conduct food subdivision business at a place other than the declared place of manufacture to only subdivide or package his or her manufactured product, he or she may declare himself/herself as a food subdivision business even if the item is not the product subject to declaration as a food subdivision business of paragraph (1).

Article 39(Subjects to be Declared as Other Food Sales Business) #

"Department stores, supermarkets or chain stores, the size of which is not less than the size prescribed by Ordinance of the Prime Minister" in other food sales business of subparagraph 5 (b) 6) of Article 21 of the Enforcement Decree refers to business entities where the place of the business for department stores, supermarkets, or chain stores more than 300 square meters in size. <Amended on Mar. 19, 2010, Mar. 23, 2013>

Article 40(Application for Business Permission) #

(1) A person that intends to receive a certificate for permission of business in accordance with the former part of Article 37 (1) of the Act shall submit an application for certificate for permission of business as presented in Form 30 (including a written electronic application) along with the documents (including electronic documents) of the following subparagraphs to the offices granting permission (hereinafter referred to as "offices granting permission") under Article 23 of the Enforcement Decree. <Amended on Sep. 1, 2010, Aug. 19, 2011, May. 31, 2012>

1. Deleted <May 31, 2012>

2. Completion certificate for education (including only for cases when receiving education in advance pursuant to Article 41 (2) of the Act)

3. A license or a certificate for registration for excursion ship and ferry business (including only cases where the excursion ship wharf or ferry wharf built as water structures intends to run a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph)

4. A written inspection (test) record on quality tests of drinking water issued by an institution examining the quality of drinking water in accordance to the Drinking Water Management Act (including cases of using ground water, etc. that is not tap water as drinking water or during manufacturing process of foods, etc. or cooking/washing of food)

5. Deleted <Nov 20, 2019>

6. Deleted <June 30, 2016>

(2) The offices granting permission that have received applications under paragraph (1) shall verify documents of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the applicant does not agree to the verification under subparagraph 3 through 6, a copy thereof shall be attached. <Newly Inserted on May 31, 2012, Aug. 18, 2015, June 30, 2016, Nov. 20, 2019, April 13, 2020>

1. Confirmation of land use plan

2. Building register

3. Certificate for final inspection for the facility that uses liquefied petroleum gas (including only those among persons who intend to run a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph that have to receive a final inspection for the facility that uses liquefied petroleum gas under Article 44 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act.)

4. Certificate for electrical safety inspections pursuant to Article 66-2 (1) 3 of the Electric Utility Act and Article 38 (3) the Enforcement Rule of the same Act (including only those who intend to run a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph)

5. Medical examination result document (including only those who are subjects of a medical examination under Article 49)

6. Certificate for full installation of safety facilities issued by the head of the competent regional fire headquarters or the

chief of the competent fire station in accordance with Article 9 (5) of the Special Act on the Safety Control of Publicly

Used Establishments (including only those who intend to run a karaoke bar business under subparagraph 8 (c) of

Article 21 and an entertainment bar business under item (d) of the same subparagraph)

(3) Where the offices granting permission can not internally verify whether the applicant falls under Article 38 (1) 8 of the Act, the offices may grant the applicant to submit necessary documents other than what is prescribed in each subparagraph of paragraph (1). In this case, documents issued by the government of the country concerned or by an agency commissioned or delegated with the authority or affidavits of the applicant attested by a notary public and verified by the consulate of the Korean mission stationed in the country concerned under the Act on Notarial Acts Done at Diplomatic Missions Abroad may be submitted. <Amended on April. 7, 2011, May. 31, 2012>

(4) Where the offices granting permission grant a certificate for permission of business, a certificate for permission of business as presented in Form 31 for businesses under subparagraph 6 (a) of Article 21 of the Enforcement Decree and Form 32 for businesses under subparagraph 8 (c) and (d) of Article 21 of the Enforcement Decree shall be issued, respectively. In this case, the offices granting permission shall write and retain management registers respectively as presented in Form 33 for businesses under subparagraph 6 (a) of Article 21 of the Enforcement Decree and Form 34 for businesses under subparagraph 8 (c) and (d) of Article 21 of the Enforcement Decree or input the data on the computer network using the same forms for management. <Amended on May. 31, 2012>

(5) Where a business operator intends to reissue a certificate for permission of business as it is missing or has worn out and is virtually unusable, he or she shall submit an application for reissuance as presented in Form 35 (he or she shall attach the unusable certificate for permission of business for cases where the certificate is worn out and virtually unusable) to the offices granting permission. <Amended on Aug. 19, 2011, May. 31, 2012>

1. Deleted <Aug 19, 2011>

2. Deleted <Aug 19, 2011>

Article 41(Changes to the Permitted Matters) #

(1) A person who intends to get approval for changes on permitted matters in accordance with the latter part of Article 37 (1) of the Act shall submit an application/report for changes to the permitted matters in Form 36 along with the license and the documents of the following subparagraphs within 7 days from the date of change to the offices granting permission. <Amended on Sep. 1, 2010, Aug. 19. 2011, May 31, 2012, Dec. 31, 2018, Nov. 20, 2019>

1. Deleted <May 31, 2012>

2. A license or a certificate for registration for excursion ship and ferry business (including only cases where the excursion ship wharf or ferry wharf built as water structures running a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph)

3. A written inspection (test) record on quality tests of drinking water issued by an institution examining the quality of drinking water in accordance to the Drinking Water Management Act (including cases of using ground water, etc. that is not tap water as drinking water or during manufacturing process of foods, etc. or cooking/washing of food)

4. Deleted <Nov 20, 2019>

(2) The offices granting permission that have received applications under paragraph (1) shall verify documents of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the applicant does not agree to the verification under subparagraph 3 through 5, a copy thereof shall be attached. <Newly Inserted on May 31, 2012, Aug. 18, 2015, Nov. 20, 2019, April 13, 2020>

1. Confirmation of land use plan

2. Building register

3. Certificate for final inspection for the facility that uses liquefied petroleum gas (including only those among persons

who run a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph that have to receive a final inspection for the facility that uses liquefied petroleum gas under Article 44 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act.)

4. Certificate for electrical safety inspections pursuant to Article 66-2 (1) 3 of the Electric Utility Act and Article 38 (3) the Enforcement Rule of the same Act (including only those who run a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph)

5. Certificate for full installation of safety facilities issued by the head of the competent regional fire headquarters or the chief of the competent fire station in accordance with Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments (including only those who run a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph)

(3) Where the person with an approved business license changed the matters of the following subparagraphs, he or she shall report the in the application/report for changes to the permitted matters as presented in Form 36 to the offices granting permission within 7 days of the date of change in accordance with Article 37 (3) of the Act with his or her license attached. Provided, that this shall not apply to changes caused by the succession of the position of business person as set out in Article 48. <Amended on May 31, 2012, Dec. 31, 2015, Dec. 31, 2018, Nov. 20, 2019>

1. Name of the business operator (if the business operator is a corporate body, the full name of the representative shall be stated)

2. Titles or trade names of business offices

3. Sizes of business offices

(4) The offices granting permission who have received the report under Article 3 shall verify the certificate for full installation of safety facilities issued by the head of a regional fire headquarters or the chief of a fire station pursuant to Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. (only including cases where a karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph is changing the size of the place of business). Provided, that if the reporter does not agree to the confirmation, a copy thereof shall be attached. <Newly Established on Nov. 20, 2019>

Article 42(Report of Business, etc.) #

(1) The person who intends to report his or her business in accordance with former part of Article 37 (4) of the Act shall submit a report for reporting of business as presented in Form 37 (including a report as an electronic document) along with documents of the following subparagraphs (including electronic documents) to the offices receiving reporting of business (hereinafter referred to as the "offices receiving reporting of business") under Article 25 (1) of the Enforcement Decree after equipping the necessary facilities for business. <Amended on Sep. 1, 2010, Aug. 19, 2011, Jan. 17, 2012, May 31, 2012, Aug. 18, 2014, Oct. 13, 2014, Aug. 18, 2015, Dec. 31, 2015, June 30, 2016, Dec. 29, 2017, Dec. 31, 2020, Dec. 30, 2021>

1. Completion certificate for education (including only for cases when receiving education in advance pursuant to Article 41 (2) of the Act)

2. Manual of the type and manufacturing method of the food to be manufactured and processed (only applicable to the business of subparagraph 2 of Article 21 of the Enforcement Decree)

3. Contract for use of facilities (only including cases when the person who intends to run a food transportation business of subparagraph 4 of the Article 21 of the Enforcement Decree rents a secondhand car or car wash)

4. A written inspection (test) record on quality tests of drinking water issued by an institution examining the quality of drinking water in accordance to the Drinking Water Management Act (including cases of using ground water, etc. that is not tap water as drinking water or during manufacturing process of foods, etc. or cooking/washing of food)

5. Deleted <May 31, 2012>

6. A license or a certificate for registration for excursion ship and ferry business (including only cases where the excursion ship wharf and ferry wharf built as water structures intends to run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree, a general restaurant business prescribed in item (b) of the same subparagraph, and bakery business prescribed in item (f) of the same subparagraph)

7. Deleted <Nov 20, 2019>

8. A document that specifies types and places of installation of the food vending machines (including only cases where there are more than two food vending machines installed and those who intend to report en bloc by assigning a serial number)

9. Registration certificate for water-related leisure business (including only cases where a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree and bakery business prescribed in item (f) intends to operate business at a place of water-related leisure business built as water structures)

10. The written permission for use of State property in accordance with Article 14 (3) of the Enforcement Rule of the State Property Act (including only business that intend to run an instantly-available food manufacturing or processing business prescribed in subparagraph 2 of Article 21 of the Enforcement Decree, a food subdivision or sales business prescribed in subparagraph 5 of the same Article, a rest restaurant business prescribed in subparagraph 8 (a) of the same Article, a general restaurant business prescribed in item (b) of the same subparagraph or a bakery business prescribed in item (f) of the same subparagraph at a military facility or station facilities of a State property railroad)

11. Documents regarding a contract for the use of urban railroad facilities with the relevant business office for urban railroads (including only business that intend to run an instantly-available food manufacturing or processing business prescribed in subparagraph 2 of Article 21 of the Enforcement Decree, food subdivision or sales business prescribed in subparagraph 5 of the same Article, a rest restaurant business prescribed in subparagraph 8 (a) of the same Article, a general restaurant business prescribed in item (b) of the same subparagraph, or a bakery business of item (f) of the same subparagraph at the station facilities of railroads)

12. Documents regarding the operation contract of restaurant for reserved forces (including only business that intend to run a general restaurant business prescribed in subparagraph 8 (b) of Article 21 of the Enforcement Decree at a military facility)

13. Documents proving a justifiable authority exists for use in cases where a business intends to use a neighboring outside location as a place of business (including only business that intends to run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Act, a general restaurant business prescribed in item (b) of the same subparagraph, or a bakery business prescribed in item (f) of the same subparagraph, providing types of foods, etc. at the relevant outside location)

14. Documents pursuant to attached Table 15-2 for business that intends to run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree or a bakery business prescribed in item (f) of the same subparagraph by using small or compact freight vehicles used for portable food selling under subparagraph 1 or 2 and subparagraph 1 (a) of the Note of attached Table 1 Enforcement Rule of the Motor Vehicle Management Act or using special motor vehicles which are the special motor vehicles of special work used for portable sale of food under subparagraph 2 of the same attached Table (hereinafter referred to as "food trucks")

15. Certificate for installation inspection of children’s play facilities under Article 12 (1) of the Act on the Safety Control of Children's Play Facilities and Article 7 (4) of the Enforcement Decree of the same Act or a certificate for regular installation inspection of children’s play facilities under Article 12 (2) of the Act on the Safety Control of Children's Play Facilities and Article 8 (5) of the Enforcement Decree of the same Act (including only business that intend to run under subparagraph 8 (a), (b), (e), or (f) of Article 21 of the Enforcement Decree and installing a children’s play facility at the relevant place of business)

16. Documents regarding the contract for the use of shared kitchens that specifies the location, size, etc. of the shared kitchen (including only cases using a shared kitchen of a business operator of a shared kitchen prescribed in Article 21 (9) of the Enforcement Decree)

(2) The offices receiving reporting of business that have received reports under paragraph (1) shall verify documents of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the reporter does not agree to the verification under subparagraph 3 through 7, a copy thereof shall be attached. <Newly Inserted on May 31, 2012, Aug. 18, 2014, May 27, 2015, June 30, 2016, Dec. 31, 2018, Nov. 20, 2019, April 13, 2020>

1. Confirmation of the land use plan (excluding when a written permission for use of State property under paragraph (1) 10 is submitted)

2. A written approval for the temporary use of a building under building register or Article 22 (3) 2 of the Building Act (excluding when a written permission for use of State property under paragraph (1) 10 is submitted)

3. Certificate for final inspection for the facility that uses liquefied petroleum gas (including only those among persons who intend to run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree, a general restaurant business prescribed in item (b) of the same subparagraph, and a bakery business prescribed in item (f) of the same subparagraph that have to receive a final inspection for the facility that uses liquefied petroleum gas under Article 44 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act.)

4. Motor vehicle registration certificate (including only business that intends to run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree or a bakery business prescribed in item (f) of the same subparagraph by using food trucks)

5. Business registration certificate (including only cases where the manager of a school under Article 2 of the Higher Education Act intends to run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree or a bakery business prescribed in item (f) of the same subparagraph by using food trucks)

6. Medical examination result document (including only those who are subjects of a medical examination under Article 49)

7. Certificate for full installation of safety facilities issued by the head of the competent regional fire headquarters or the chief of the competent fire station in accordance with Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments (including only those who intend to run a business prescribed in subparagraph 1 (a) of Article 2 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments)

(3) Notwithstanding paragraph (1), a person who intends to temporarily run a business for a scope of a month at a location (for subparagraph 2, subparagraph 8 (a) 5)) of attached Table 14 other than the registered business office shall submit documents pursuant to the classification of the following subparagraphs to the competent administrative agency that received the report. <Amended on April. 13, 2020>

1. Instantly-available food manufacturing or processing business under subparagraph 2 of Article 21 of the Enforcement Decree: Certificate for report of business and results for self-quality inspection (including only business entities requiring self-quality inspections)

2. Rest restaurant business, general restaurant business, or bakery business pursuant to subparagraph 8 of Article 21 of the Enforcement Decree (including only business entities that uses food trucks)

(4) Notwithstanding paragraph (1), where a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree or a bakery business prescribed in item (f) of the same subparagraph using a food truck that intends to run his or her relevant business at a location outside of the place registered for business, he or she shall submit a certificate for report of business and documents pursuant to attached Table 15-2 (including electronic documents) to the competent administrative agency of the region that the business intends to operate. <Newly Established on July 12, 2016>

(5) The administrative agency that received the business registration certificate and documents under paragraph (4) shall write and issue the submission date and the new location of the business office on the back of the submitted business registration certificate without delay and notify such matter to the offices receiving reporting of business. The offices receiving reporting of business shall write and retain the notified matters in a management register for business registrations or input the information on the computer network for management. <Newly Established on July 12, 2016>

(6) In case of business registration under paragraph (1) where the same person within the same facility intends to run an edible ice sales business, a food vending machine business, or other food sales business from food sales businesses prescribed in subparagraph 5 (b) of Article 21 of the Enforcement Decree, he or she shall register business respectively by type of business. <Amended on April 7, 2011, May 31, 2012, Jul. 12, 2016>

(7) Where a business intends to run by installing more than two food vending machines at the same Special Self-Governing City or Si (including an administrative Si of Jeju Special Self-Governing Province)/Gun/Gu (referring to an autonomous Gu) when registering for a food vending machine business under paragraph (1), the business may register en bloc by assigning serial numbers to the relevant food vending machines. <Amended on April 7, 2011, May 31, 2012, July 12, 2016, Aug. 4, 2016>

(8) The offices receiving reporting of business with which the report was filed under paragraph (1) shall issue certificate for report of business without delay as presented in Form 38 for business prescribed in subparagraph 2 and 7 of Article 21 of the Enforcement Decree and issue business report certificates as presented in Form 39 for business prescribed in subparagraph 4, subparagraph, 5, and subparagraph 6 (b) and item (a), (b), (e), and (f) of Article 21 of the Enforcement Decree. <Amended on April 7, 2011, May 31, 2012, Aug. 18, 2015, Jul. 12, 2016>

(9) The offices receiving reporting of business under paragraph (8) shall write and retain a business registration management register as presented in Form 33 for businesses prescribed in subparagraph 2, subparagraph 4, subparagraph 5, subparagraph 6 (b), and subparagraph 7 of Article 21 of the Enforcement Decree and a business registration management register as presented in Form 34 for businesses prescribed in item (a), item (b), item (e), and item (f) of subparagraph 8 of Article 21 of the Enforcement Decree or input the information with the same format on the computer network for management. <Amended on April 7, 2011, May 31, 2012, Aug. 18, 2015, Jul. 12, 2016>

(10) The offices receiving reporting of business which the report was filed under paragraph (1) shall verify the reported matters within 15 days from issuing the registration certificate when a verification is necessary on the facility of the relevant business office. Provided, where a report of business is received on food service business operators prescribed in subparagraph 8 of Article 21 of the Enforcement Decree, the administrative authority shall no matter what verify the reported matters within a month on the facility of the relevant business office. <Amended on April 7, 2011, Aug. 19, 2011, May 31, 2012, Jul. 12, 2016>

(11) Where a business operator intends to reissue a certificate for report of business as it is missing or has worn out and is virtually unusable, he or she shall submit an application for re-issuance as presented in Form 35 with a certificate for report of business attached (including only for cases where the business operator is applying for reissuance as the certificate is worn out and virtually unusable) to the offices receiving reporting of business. <Amended on April 7, 2011, May 31, 2012, June 29, 2012, Jul. 12, 2016>

1. Deleted <April 7, 2011>

2. Deleted <April 7, 2011>

Article 43(Changes to the Reported Matters) #

(1) A person who intends to report changes of the reported matters in accordance with the latter part of Article 37 (4) of the Act shall submit a form on changing business reported matters as presented in Form 41 along with the business report certificate and the documents of the following subparagraphs within 7 days from the date of change to the offices receiving reporting of business. <Newly Established on Dec. 30, 2021>

1. Where changing the location of business office prescribed in subparagraph 3 of Article 26 of the Enforcement Decree: Documents from Article 42 (1) 3 through subparagraph 12 and from subparagraph 14 to subparagraph 16

2. Where changing the size of the place of business prescribed in subparagraph 4 of Article 26 of the Enforcement Decree to use an outside location neighboring the place of business located at the building’s exterior as a place of business: Documents proving that a justifiable authority exists for the use of the location intended for use

3. Where changing the matters prescribed in subparagraph 6 of Article 26 of the Enforcement Decree: Manual of the type

and manufacturing method of the food to be manufactured and processed

(2) The offices receiving reporting of business that have received reports under paragraph (1) shall verify documents of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the reporter does not agree to the verification under subparagraphs 3 through 6, a copy thereof shall be attached. <Amended on April 7, 2011, May 31, 2012, Aug. 18, 2014, Aug. 18, 2015, Dec. 31, 2015, Dec. 31, 2018, Nov. 20, 2019, April 13, 2020, Dec. 31, 2020, Dec. 30, 2021>

1. Confirmation of the land use plan (excluding when a written permission for use of State property under Article 42 (1) 10 is submitted)

2. A written approval for the temporary use of a building under building register or Article 22 (3) 2 of the Building Act (excluding when a written permission for use of State property under Article 42 (1) 10 is submitted)

3. Certificate for final inspection for the facility that uses liquefied petroleum gas (including only those among persons who run a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree, a general restaurant business prescribed in item (b) of the same subparagraph, and a bakery business prescribed in item (f) of the same subparagraph that have to receive a final inspection for the facility that uses liquefied petroleum gas under Article 44 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act)

4. Motor vehicle registration certificate (including only cases when intending to change the size of the reported food truck)

5. Certificate for full installation of safety facilities issued by the head of the competent regional fire headquarters or the chief of the competent fire station in accordance with Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments (including only those who are changing the location of the business office or the size of the place of business which the businesses are prescribed in subparagraph 1 (a) of Article 2 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments)

6. Business registration certificate (including only cases where the manager of a school under Article 2 of the Higher Education Act runs a rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree or a bakery business prescribed in item (f) of the same subparagraph by using food trucks)

[Wholly Amended on Sep. 1, 2010]

Article 43-2(Registration of Business, etc.) #

(1) A person who intends to register a business pursuant to the main sentence of Article 37 (5) of the Act shall, after he/she has equipped facilities necessary for business, submit an application pursuant to Article 26-2 of the Enforcement Decree for business registration as presented in Form 41-2 with documents as prescribed in each of the following subparagraphs to the offices registering business (hereinafter referred to as the "offices registering business"). <Amended on June 30, 2016, Dec. 30, 2021>

1. Common documents

(a) Where receiving education in advance pursuant to Article 41 (2) of the Act: Certificate for education

(b) Where using ground water, etc. that is not tap water as drinking water or during manufacturing of foods, etc.: A

written inspection (test) record on quality tests of drinking water issued by an institution examining the quality of

drinking water in accordance to the Drinking Water Management Act

2. Where a person intends to run a food manufacturing or processing business prescribed in subparagraph 1 of Article 21 of the Enforcement Decree and food additives manufacturing business prescribed in subparagraph 3 of the same Article:

(a) Manual of the type and manufacturing method of the food or food additives to be manufactured and processed

(b) Documents regarding the contract for the use of shared kitchens that specifies the location, size, etc. of the shared

kitchen (including only cases using a shared kitchen of a business operator of a shared kitchen prescribed in

Article 21 (9) of the Enforcement Decree)

3. Where a person intends to run a shared kitchen prescribed in subparagraph 9 of Article 21 of the Enforcement Decree

(a) Report on appointment of a person in charge of sanitary control pursuant to Article 55 (1)

(b) Documents proving the fact of being insured by a liability insurance under Article 44-2 of the Act and Article 30

of the Enforcement Decree

4. Deleted <June 30, 2016>

(2) The offices registering business that have received applications under paragraph (1) shall verify documents of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the applicant does not agree to the verification under subparagraph 3 and 4, a copy thereof shall be attached. <Newly Established on Dec. 30, 2021>

1. Confirmation of land use plan

2. A written approval for the temporary use of a building under building register or Article 22 (3) 2 of the Building Act3. Certificate for full installation of safety facilities issued by the head of the competent regional fire headquarters or the chief of the competent fire station in accordance with Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments (including only those who intend to run a business prescribed in subparagraph 1-2 of Article 2 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments)

4. Medical examination result document (including only those who are subjects of a medical examination under Article 49)

(3) The offices registering businesses which the registration application was received under paragraph (1) shall issue a certificate for registration of business as presented in Form 41-3 after verifying the relevant facilities of the business office. <Amended on Dec. 30, 2021>

(4) The offices registering businesses which issued the certificate for registration under paragraph (3) shall write and keep a management register for registration of business as presented in Form 33 or input the information on the computer network using the same format for management. <Amended on Dec. 30, 2021>

(5) Where a business operator intends to re-issue a certificate for registration of business as it is missing or has worn out and is virtually unusable, he or she shall submit an application for re-issuance as presented in Form 35 (he or she shall attach the unusable certificate for registration of business for cases where the certificate is worn out and virtually unusable) to the offices registering business. <Amended on June 29, 2012, Dec. 30, 2021>

[This Article Newly Inserted on Jan. 17, 2012]

Article 43-3(Changes to the Registered Matters) #

(1) A person who intends to report changes of the registered matters in accordance with the main sentence of Article 37 (5) of the Act shall submit an application for changing registered matters as presented in Form 41-4 along with a certificate for registration of business and the documents of the following subparagraphs within 7 days from the date of change to offices registering businesses. <Amended on Dec. 31, 2018, Dec. 30, 2021>

1. Where using ground water, etc. that is not tap water as drinking water or during the manufacturing process of foods, etc. by changing the place of the business office prescribed in subparagraph 1 of Article 26-3 of the Enforcement Decree: A written inspection (test) record on quality tests of drinking water issued by an institution examining the quality of drinking water in accordance to the Drinking Water Management Act

2. Where the business operator of the shared kitchen prescribed in subparagraph 9 of Article 21 of the Enforcement Decree intends to change the place of the business office prescribed in subparagraph 1 of Article 26-3 of the Enforcement Decree: Documents proving the fact of being insured by a liability insurance under Article 44-2 of the Act and Article 30 of the Enforcement Decree

3. Where a person intends to change the matters of subparagraph 2 or 3 of Article 26-3 of the Enforcement Decree: Manual of the type and manufacturing method of the food or food additives to be newly manufactured and processed

4. Where a person intends to change the type of business using a shared kitchen prescribed in subparagraph 4 of Article 26-3 of the Enforcement Decree: Documents regarding the contract for the use of shared kitchens that specifies the type of business using the shared kitchen

(2) The offices registering business that have received applications under paragraph (1) shall verify documents of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the applicant does not agree to the verification prescribed in subparagraph 3, a copy thereof shall be attached. <Newly Established on Dec. 30, 2021>

1. Confirmation of land use plan

2. A written approval for the temporary use of a building under building register or Article 22 (3) 2 of the Building Act3. Certificate for full installation of safety facilities issued by the head of the competent regional fire headquarters or the chief of the competent fire station in accordance with Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments (including only those who intend to run a business prescribed in subparagraph 1-2 of Article 2 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments)

(3) Where a person who has registered a business changes the matter of the following subparagraphs, he or she shall submit a report for changes as presented in Form 41-4 pursuant to the proviso of Article 37 (5) of the Act along with a certificate for registration of business and a document that specifies the details of the changes within 7 days of the date of change to the offices registering business. Provided, that this shall not apply to changes caused by the succession of the position of business person as set out in Article 48. <Amended on Dec. 31, 2018, Dec. 30, 2021>

1. Name of the business operator (if the business operator is a corporate body, the full name of the representative shall be stated)

2. Titles or trade names of business offices

3. Sizes of business offices

[This Article Newly Inserted on Jan. 17, 2012]

Article 44(Report of Business Closure) #

(1) A person who intends to report of business closure prescribed from paragraph (3) through paragraph (5) of Article 37 of the Act shall submit a report for business closure as presented in Form 42 (including a report in the form of an electronic document) along with a certificate for approval of business, certificate for reporting of business, or certificate for registration of business to the offices granting permission, offices receiving reports of businesses, or offices registering businesses.

(2) Where a person intends to report of business closure pursuant to paragraph (1) together with the report of business closure prescribed in Article 8 (7) of the Value-added Tax Act, he or she shall submit a report for business closure prescribed in paragraph (1) with a report for business closure as presented in Form 9 of the Enforcement Decree of the Value-added Tax Act. In this case, the offices granting permission, offices receiving reporting of business, or offices registering business shall without delay send the received report for business closure to the competent head of the tax office (including sending the report through the information network; hereafter the same shall apply in this Article). <Amended on April. 13, 2020>

(3) Where the competent head of the tax office receives a report of business closure prescribed in paragraph (1) pursuant to Article 13 (5) of the Enforcement Decree of the Value-added Tax Act and send such report to the competent office granting permission, office receiving reporting of business, or office registering business, this shall be considered as a report for business closure submitted prescribed in paragraph (1).

[Wholly Amended on Dec. 13, 2013]

Article 45(Report of Manufacturing Items, etc.) #

(1) A person who intends to report on the manufacturing or processing of food or food additives under Article 37 (6) of the Act shall submit a report on the manufacturing items as presented in Form 43 (including a report as an electronic document) along with documents (including electronic documents) of the following subparagraphs within 7 days before or after the start of production to the offices registering business. In this case, where a food manufacturing or processing business has entrusted manufacturing or processing, the entrusted person shall make a report. <Amended on Aug. 19, 2011, Jan. 17, 2012, Mar. 23, 2013, May 9, 2014, Aug. 20, 2014, Dec. 31, 2015, Feb. 4, 2016, April 25, 2019, June 30, 2022>

1. Manual of manufacturing method

2. A review document on temporary standards and specifications of foods, etc. issued by an inspection agency specializing in food designated by the Minister of Food and Drug Safety under Article 6 (3) 1 of the Act on Testing and Inspection in the Food and Drug Industry or a testing and inspection agency prescribed by the Ordinance of the Prime Minister in accordance with the proviso of paragraph (4) of the same Article (including only foods, etc. that are recognized subjects of temporary standards and specifications of foods, etc. under Article 5 (1))

3. A statement of the reason for setting an use-by-date set in accordance with the standards prescribed and notified by the Minister of Food and Drug Safety (including food that are intended to indicate the use-by-date other than food that are subject to labeling use-by-date under the standards for labeling prescribed in Article 4 (1) of the Act on Labeling and Advertising of Foods)

4. Deleted <April 13, 2020>

(2) Where the offices registering business has received a report under paragraph (1), the details thereof shall be recorded and retained in the management register for the report on the manufacturing items as presented in Form 44 (including a management register as an electronic document). <Amended on May 9, 2014, April 13, 2020>

Article 46(Change of the Matters of the Report of Manufacturing Items, etc.) #

(1) Where the person who reported in accordance with Article 45 intends to change the matters falling under any of the following subparagraphs on the relevant items, he or she shall submit a report for changing the matters of the report of the manufacturing items as presented in Form 45 (including a report as an electronic document) along with a copy of the report on the manufacturing items and a statement of the reason for extending the use-by-date (including only cases when intending to change the matters of subparagraph 3) before or within 7 days after the start of production to the offices registering business. Provided, that this shall not apply to any case where it is changed to manufacture foods, etc. for export. <Amended on Aug. 19, 2011, June 29, 2012, May 9, 2014, Dec. 31, 2015, Dec. 31, 2018, April 13, 2020, June 30, 2022>

1. Name of product

2. Name of raw materials or name of ingredients and mixing ratios (including only cases when intending to change the ingredients of raw materials and mixing ratios submitted to the offices registering business during the report of manufacturing items prescribed in Article 45 (1))

3. Use-by-date (including only cases when the person who reported the manufacturing items intends to extend the use-by-date of the relevant items prescribed in Article 45 (1))

4. Deleted <April 13, 2020>

(2) Deleted <June 29, 2012>

Article 47(Report of Permission of Business, etc.) #

(1) Where the heads of the Regional Offices of the Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu has granted permission of business prescribed in paragraph (1) or paragraph (5) of Article 37 of the Act (including only food irradiation and treatment business prescribed in subparagraph 6 (a) of Article 21 of the Enforcement Decree) or has registered the business, the heads of the Regional Offices of the Food and Drug Safety, Special Self-Governing City Mayor, or the Special Self-Governing Province Governor shall report to the Minister of Food and Drug Safety and the head of a Si/Gun/Gu shall report to the Mayor/Do Governor as presented in Form 47 within 15 days from the date of permission or registration. In this case, the Mayor/Do Governor shall report by quarter on the matters reported by the head of the competent Si/Gun/Gu to the Minister of Food and Drug Safety within 20 days of the end of the quarter. <Amended on Mar. 23, 2013, May 9, 2014, Aug. 4, 2016>

(2) Deleted <Mar. 23, 2013>

(3) Deleted <May 9, 2014>

Article 47-2(Procedures for Ex Officio Revocation of Reported Business or Registered Matters) #

The heads of Regional Offices of the Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall follow the procedures of the following subparagraphs for ex officio revocation of reported or registered matters ex officio prescribed in Article 37 (7) of the Act. <Amended on June 29, 2012, May 9, 2014, Aug. 4, 2016>

1. Notify the relevant business operator in advance of the planned revocation of reported or registered matters

2. Announce the planned revocation of reported or registered matters on the relevant agency’s noticeboard and website for more than 10 days

[This Article Newly Inserted on April 7, 2011]

[Revised Title on May 9, 2014]

Article 48(Report of the Succession of Business Operator Status) #

(1) A person who intends to report of the succession of business operator status under Article 39 (3) of the Act shall submit a report on the succession of business operator status as presented in Form 49 along with documented prescribed in the following subparagraphs to the offices granting permission, the offices receiving reporting of business, or the offices registering business. <Amended on Aug. 19, 2011, Jan. 17, 2012, Dec. 31, 2015, Dec. 31, 2018, April 13, 2020, Dec. 30, 2021, April 28, 2022>

1. Common documents

(a) A certificate for permission of business, a certificate for reporting of business, or a certificate for registration of

business

(b) Documents to prove the succession of business operator status are as follows:

1) For transfer of business: A copy of the document that can prove the transfer or acquisition

2) For inheritance of business: A document that proves that he or she is the successor

3) Other documents that can prove that the status of the business operator of the succession by relevant reasons

(c) Where receiving education in advance pursuant to the main sentence of Article 41 (2) of the Act: Certificate for

education

(d) Where transferee has delegated the report of the succession of business operator status: A copy of the letter of attorney with the delegating person’s handwritten signature or a copy of the delegating person’s identification card

2. Business prescribed in subparagraph 1 and subparagraph 1-2 of Article 2 of the Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments: Documents proving being ensured under fire liability insurance prescribed in Article 13-2 of the Special Act on the Safety Control of Publicly Used Establishments

3. Business operating shared kitchens prescribed in subparagraph 9 of Article 21 of the Enforcement Decree Documents proving the fact of being insured by a liability insurance under Article 44-2 of the Act and Article 30 of the Enforcement Decree

4. Deleted <April 13, 2020>

5. Deleted <Dec. 30, 2021>

6. Deleted <Dec. 30, 2021>

(2) The offices granting permission, the offices receiving reporting of business, or the offices registering business that have received applications under paragraph (1) shall verify the administrative information prescribed in the classification of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the applicant does not agree to the confirmation, a copy thereof shall be attached. <Newly Established on April 28, 2022>

1. For those who are subjects of a medical examination under Article 49: Medical examination result documents

2. For succession of business: Family relation certificate of the successor

(3) Where the successor that intends to report the succession of business operator status under paragraph (1) together with the report of business closure under Article 44 (1), he or she may only attach and submit documents (including documents prescribed in subparagraph 1 (d) of the same paragraph when the successor delegates the report of the succession of business operator status) prescribed in paragraph (1) 1 (a) and item (b) 2) of the same subparagraph from the accompanying documents of each subparagraph of paragraph (1). <Newly Established on June 28, 2018, April 28, 2022>

(4) Where the offices granting permission can not internally verify whether the applicant falls under Article 38 (1) 8 of the Act, the offices may grant the applicant to submit necessary documents for identification verification other than what is prescribed in paragraph (1). <Amended on Aug. 19, 2011, April 28, 2022>

(5) Where a person who reports the succession of business operator status under paragraph (1) intends to change the title of the business office or the company name pursuant to Article 41 (2) 2 and Article 43, he or she may report such matter together. <Amended on April. 28, 2022>

Article 49(Subjects of Medical Examination) #

(1) A person who has to receive medical examination pursuant to the main sentence of Article 40 (1) of the Act shall be business operators and employees who are directly involved in the works of collecting, manufacturing, processing, cooking, preserving, distributing, or selling food or food additives (excluding chemical synthetics or sterilizing/disinfecting agents of apparatus, etc.). Provided, that this shall not apply to a person who is engaged in the distributing or selling of fully packaged food or food additives.

(2) A business operator and his/her employees who are required to receive medical examination under paragraph (1) shall undergo a medical examination in advance before the start of the business or before engaging in the business.

(3) Medical examination under paragraph (1) shall follow the details prescribed in the Rules for Medical Examination of Employees in the Food Sanitation Field. <Amended on Mar. 23, 2013>

Article 50(Type of Diseases that cannot be Engaged in Business) #

A person who cannot engage in business under Article 40 (4) of the Act shall be a person who is suffering from the following diseases. <Amended on Dec. 30, 2010, April 13, 2020, Aug. 24, 2020, June 30, 2021>

1. Tuberculosis prescribed in subparagraph 3 (a) of Article 2 of the Infectious Disease Control and Prevention Act

(excluding non-infectious cases)

2. Infectious diseases falling under any of the following subparagraphs of Article 33 (1) of the Enforcement Rule of the

Infectious Disease Control and Prevention Act

3. Dermatosis or other pus-forming (suppurative) disease

4. Acquired immunodeficiency syndrome (including only those persons who engage in business that require medical

examination of sexually transmitted infectious disease prescribed in Article 19 of the Infectious Disease Control and

Prevention Act)

Article 51(Institutions for Food Sanitation Education, etc.) #

(1) The institutions conducting the education on food sanitation education and for persons in charge of sanitary control prescribed in Article 41 (1) and Article 41-2 (8) of the Act shall be institutions specializing in food sanitation education designated and notified by the Minister of Food and Drug Safety, trade associations prescribed in Article 59 (1) of the Act, or the Korea Food Industry Association prescribed in Article 64 (1) of the Act. <Amended on Mar. 19, 2010, June 29, 2012, Mar. 23, 2013, Dec. 30, 2021>

(2) The content of education on food sanitation education and for persons in charge of sanitary control shall be about food sanitation, personal hygiene, food sanitation policies, quality control of food, etc. <Amended on Dec. 30, 2021>

(3) The details of the content of education on the operation of institutions specializing in food sanitation education and for persons in charge of sanitary control shall be determined by the Minister of Food and Drug Safety. <Amended on Mar. 19, 2010, Mar. 23, 2013, Dec. 30, 2021>

Article 52(Education Hours) #

(1) The education hours for food sanitation that a business operator and employees are required to receive under Article 41 (1) of the Act (including cases applied mutatis mutandis pursuant to Article 88 (3)) shall be as the following subparagraphs. <Amended on Dec. 30, 2021>

1. Business operators prescribed from subparagraph 1 through subparagraph 9 of Article 21 of the Enforcement Decree

(excluding edible ice sales business operators prescribed in subparagraph 5 (b) 1) of the same Article and food vending

machine business operators prescribed in 2) of the same item): 3 hours

2. Workers engaged in entertainment of entertainment bar business under subparagraph 8 (d) of Article 21 of the

Enforcement Decree: 2 hours

3. Persons installing or operating meal service facilities under Article 88 (2) of the Act: 3 hours

(2) The education hours for food sanitation that a person who intends to run a business prescribed in Article 41 (2) of the Act (including cases applied mutatis mutandis pursuant to Article 88 (3) of the Act) is required to receive are as the following subparagraphs. <Amended on Dec. 30, 2021>

1. Persons who intend to run a business prescribed from subparagraph 1 through subparagraph 3 and subparagraph 9 of

Article 21 of the Enforcement Decree: 8 hours

2. Persons who intend to run a business prescribed from subparagraph 4 through subparagraph 7 of Article 21 of the

Enforcement Decree: 4 hours

3. Persons who intend to run a business prescribed in subparagraph 8 of Article 21 of the Enforcement Decree: 6 hours

4. Persons who intend to install or operate meal service facilities under Article 88 (1) of the Act: 6 hours

(3) Where a person who received food sanitation education under paragraph (1) and paragraph (2) falls under any one of the following subparagraphs shall be deemed as receiving new food sanitation education on the relevant business. <Amended on April 7, 2011, June 30, 2016, Dec. 29, 2017, Dec. 31, 2019>

1. Where a person who has received a new food sanitation education for less than two years or who received an education under paragraph (1) for less than one year intends to run a business that is the same as the type of business in which he/she was educated

2. Where a person who has received a new food sanitation education for less than two years or who received an education under paragraph (1) for less than one year intends to run a business that is the same type of business prescribed in the same item from the type of business falling under any one of the following items

(a) Food manufacturing or processing business prescribed in subparagraph 1 of Article 21 of the Enforcement Decree, instantly-available food manufacturing or processing business prescribed in subparagraph 2 of the same Article, and food additives manufacturing business prescribed in subparagraph 3 of the same Article

(b) Food subdivision business prescribed in subparagraph 5 (a) of Article 21 of the Enforcement Decree, edible ice sales business prescribed in item (b) of the same subparagraph, retail only business, food sales business of meal service facilities, and other food sales business

(c) Rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree, general

restaurant business prescribed in item (b) of the same subparagraph, and bakery business prescribed in item (f) of the same subparagraph

(d) A karaoke bar business under subparagraph 8 (c) of Article 21 and an entertainment bar business under item (d) of the same subparagraph

3. Where a business falling under any one of the businesses prescribed from subparagraph 1 through subparagraph 3 of

Article 21 of the Enforcement Decree changes the type of business to any one of the businesses from subparagraph

through subparagraph 7 of the same Article or intends to run business together with such type of business

4. Where a person who runs business falling under any one of the businesses prescribed from subparagraph 1 through

subparagraph 8 of Article 21 of the Enforcement Decree changes the type of business to food vending machine

business prescribed in subparagraph 5 (b) 2) of Article 21 of the Enforcement Decree or intends to run business

together with such type of business

(4) Where a person who received food sanitation education under paragraph (1) falls under any one of the following subparagraphs, he or shall be deem as receiving food sanitation education under paragraph (1) for the relevant business. <Newly Inserted on Dec. 31, 2015, Dec. 31, 2019, Aug. 24, 2020>

1. Where a person who received education under paragraph (1) in the relevant year runs business same as the type of business in which he/she was educated at the competent jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province where the existing business of the business office belongs

2. Where a person who received education under paragraph (1) in the relevant year runs business different to the type of business prescribed in the same item from the relevant type of business falling under any one of the following items at the same competent jurisdiction as the office granting permission, the office receiving reporting of business, or the office registering business of the existing business

(a) Food manufacturing or processing business prescribed in subparagraph 1 of Article 21 of the Enforcement Decree, on-site sales manufacturingㆍprocessing business prescribed in subparagraph 2 of the same Article, and food additives manufacturing business prescribed in subparagraph 3 of the same Article

(b) Food subdivision business prescribed in subparagraph 5 (a) of Article 21 of the Enforcement Decree, retail only business prescribed in item (b) of the same subparagraph, food sales business of meal service facilities and other food sales business

(c) Rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree, general restaurant business prescribed in item (b) of the same subparagraph, and bakery business prescribed in item (f) of the same subparagraph

(d) Karaoke bar business prescribed in subparagraph 8 (c) of Article 21 and entertainment bar business prescribed in item (d) of the same subparagraph

(5) Where the subject for food sanitation education pursuant to Article 41 (1) of the Act suspends business for the entire period of the year by reporting business suspension under Article 8 (8) of the Value-added Tax Act, he or she may not receive food sanitation education for the relevant year. <Newly Established on April 28, 2022>

Article 53(Educational Materials, etc.) #

(1) The institutions for food sanitation education prescribed in Article 51 (1) shall produce educational materials and provide them to the subjects of the education.

(2) The institutions for food sanitation education shall issue a certificate for completion to those who have completed the food sanitation education, and report the results to the office granting permission, the office receiving reporting of business, or the office registering business within one month after the conduct of the education and to the Minister of Food and Drug Safety within one month after the end of the relevant year. Records on the education including an issuance register of certificate for completion shall be kept and managed for more than two years. <Amended on Mar. 19, 2010, Mar. 23, 2013, Aug. 18, 2015>

Article 54(Food Sanitation Education for Business Operators, etc. in Islands and Remote Areas) #

(1) Where food sanitation education is conducted pursuant to Article 41 (7) of the Act, the classification of the following subparagraphs is followed. <Amended on Dec. 31, 2020>

1. For business operators and employees in islands and remote areas: A method of distributing education materials under Article 53 for learning (including only those who are recognized by the offices granting permission, the offices receiving reporting of business, or the offices registering business of which are persons required to receive food sanitation education under Article 41 (1) of the Act)

2. For other cases: A method of remote education using information and communications media

(2) From those recognized by the offices granting permission, the offices receiving reporting of business, or the offices registering business as being difficult to receive prior education due to business preparation from the subjects of food sanitation education under Article 41 (2) of the Act, he or she may receive food sanitation education in accordance with what is prescribed by the offices granting permission, the offices receiving reporting of business, or the offices registering business within three months after being granted permission of business, reported for business, or registered for business. <Amended on Aug. 18, 2015>

Article 55(Report on the Appointment/Dismissal of Persons in Charge of Sanitary Control) #

(1) A business operator who intends to appoint a person in charge of sanitary control (hereinafter referred to as "person in charge of sanitary control") under Article 41-2 (1) of the Act shall submit a report on the appointment of a person in charge of sanitary control as presented in Form 49-2 along with a document proving the qualification of a person in charge of sanitary control to the Minister of Food and Drug Safety. Provided, where the appointed person has experience of being appointed as a person in charge of sanitary control at another business office, he or she may not submit any documents proving his or her qualification.

(2) A business operator who intents to dismiss a person in charge of sanitary control under Article 41-2 (4) of the Act shall submit a report on the dismissal of a person in charge of sanitary control as presented in Form 49-2.

[This Article Newly Inserted on Dec. 30, 2021]

Article 55-2(Matters Recorded/Stored by Persons in Charge of Sanitary Control) #

The persons in charge of sanitary control shall record the dates, details, and results of the performance of his or her duties and retain them for six months in accordance with Article 41-2 (7) of the Act.

[This Article Newly Inserted on Dec. 30, 2021]

Article 55-3(Education/Training of Persons in Charge of Sanitary Control) #

(1) The education that the person in charge of sanitary control is required to receive pursuant to Article 41-2 (8) of the Act shall be classified into new education received after being newly appointed (hereinafter referred to as "new education" in this Article) and continuing education received every year after the new education (hereinafter referred to as "continuing education" in this Article).

(2) The education hours for the new education and continuing education shall be 3 hours, respectively.

(3) The education cycle of the new education and continuing education shall be as the following subparagraphs.

1. New education: Within three months from the date of the appointment unless there is a valid reason. Provided, where a person has received the new or continuing education within one year prior to the date of appointment, he or she shall be deemed to have received the new education.

2. Continuing education: Pursuant to the main sentence of subparagraph 1, year of receiving the new education or once per year from the following year of being deemed to receive the new education in accordance with the proviso of subparagraph 1.

[This Article Newly Inserted on Dec. 30, 2021]

Article 56(Report of Production Performance, etc.) #

(1) Reports on the production performance, etc. on food and food additives pursuant to Article 42 (2) of the Act (including electronic documents) shall follow Form 50 and the report shall be made within one month after the end of the relevant year. <Amended on Aug. 19, 2011>

(2) When a business operator reports in accordance with paragraph (1), he or she shall report to the Minister of Food and Drug Safety or the Mayor/Do Governor (excluding the Special Self-Governing City Mayor or the Special Self-Governing Province Governor) through the offices registering business. <Amended on Mar. 23, 2013, May 9, 2014, Aug. 4, 2016>

Article 56-2 #

Deleted <Feb. 4, 2016>

Article 57(Matters to Be Observed by Food Service Business Operators, etc.) #

Matters to be observed by food service business operators, etc. pursuant to Article 44 (1) of the Act are as presented in attached Table 17.

Article 58(Standards for Foods, etc. Subject to Recall) #

(1) The standards for foods, etc. subject to recall under Article 45 (1) of the Act and Article 72 (3) of the Act are as presented in attached Table 18.

(2) The phrase "where he or she becomes aware that he or she violates (excluding violations not related to harmful foods, etc.)" in the former part of Article 45 (1) of the Act refers to cases where the results of the self-quality inspections prescribed in Article 31 of the Act or the entrusted foods, etc. testing and inspection agency prescribed in Article 6 of the Act on Testing and Inspection in the Food and Drug Industry on the relevant foods, etc. are verified of violating the standards pursuant to paragraph (1). <Amended on Aug. 20, 2014>

Article 59(Recall Plan and Procedures, etc. on Harmful Foods, etc.) #

(1) The matters that shall be included in the recall plan prescribed in Article 45 (1) of the Act shall be as the following subparagraphs. <Amended on June 30, 2022, July 28, 2022>

1. Name of product, year/month/date of manufacture, and use-by-date

2. Planned amounts of food recall (shall be calculated considering the amount of consumption and use-by-date, etc. of the relevant foods, etc. at the point of the determination of harmful food, etc.)

3. Reason for recall

4. Method of recall

5. Period of recall and the estimated lead time

6. The method of processing the recalled food, etc. such as discarding

7. The method of announcing the recall to the public

(2) Where the offices granting permission, offices receiving reporting of business, or offices registering business are notified of the recall plan by the business operator, the measures of the following subparagraphs shall be implemented without delay. <Amended on Mar. 23, 2013, May 9, 2014>

1. Notify the Minister of Food and Drug Safety of the recall plan In this case, if the offices granting permission, offices receiving reporting of business, or offices registering business are the head of a Si/Gun/Gu, this shall go through the Mayor/Do Governor.

2. Order a public announcement of the recall plan to the relevant business operator under Article 73 (1) of the Act

3. Conduct testing for verifying the relevant violations on the recalled foods, etc. in distribution

(3) The business operator that reported the recall plan under the latter part of Article 45 (1) of the Act shall recall the harmful foods, etc. and report the results of the recall without delay to the offices granting permission, offices receiving reporting of business, or offices registering business. In this case, the report of the recall results shall include the matters of the following subparagraphs. <Amended on May 9, 2014, July 28, 2022>

1. Recall performance including the manufactured/processed amount of foods, etc., sales volume, recalled volume, unrecovered volume, etc.

2. Action plans on the unrecovered volume

3. Measures to prevent a recurrence

(4) The details of the recall plan, actions of offices granting permission, etc., report on recall and recall results in what is prescribed from paragraph (1) through paragraph (3) shall be determined and notified by the Minister of Food and Drug Safety. <Newly Established on Jan. 4, 2017>

Article 60(Subjects of Report on Foreign Matters, etc.) #

(1) The foreign matters that business operators under Article 46 (1) of the Act shall report to the heads of Regional Offices of the Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu refers to the relevant substances of any one of the following subparagraphs. <Amended on Mar. 23, 2013, May 9, 2014>

1. A quality of a material or size of a substance that may directly harm or damage the human body during ingestion such as metallic foreign matters, glass fragments, etc.

2. Substances that may cause disgust during ingestion such as parasites and their eggs, carcasses of animals, etc.

3. Other substances that may cause harm to the health of the human body or materials recognized by the Minister of Food and Drug Safety as materials not suitable for ingestion

(2) A person who intends to report the fact of discovering foreign matters under Article 46 (1) of the Act shall submit a report on foreign matters as presented in Form 51 (including a report as an electronic document) along with evidential data such as photographs, the relevant food, etc. to the head of the competent Regional Office of the Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu. <Amended on May. 9, 2014>

(3) The head of the competent Regional Office of the Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu that received the report on foreign matters under paragraph (2) shall notify the Minister of Food and Drug Safety following the classification of the following subparagraphs. <Amended on Mar. 23, 2013, May 9, 2014>

1. For foreign matters determined by the Minister of Food and Drug Safety are allegedly harmful among foreign matters falling under paragraph (1) 1 or subparagraph 2 and subparagraph 3 of the same paragraph: Notify immediately after being reported

2. For foreign matters other than those falling under subparagraph 1: Notify every month

(4) The details of the scope, size, quality, and method of reporting the foreign matters subject to report of what is prescribed from paragraph (1) through (3) shall be determined and notified by the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013>

Article 61(Designation of Excellent or Exemplary Businesses, etc.) #

(1) Designation of excellent or exemplary businesses under Article 47 (1) of the Act shall be executed by those who follow the classification of the following subparagraphs. <Amended on Mar. 23, 2013, Aug. 4, 2016>

1. Designation of excellent businesses: Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu

2. Designation of exemplary businesses: Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu

(2) Food manufacturing or processing business prescribed in subparagraph 1 of Article 21 of the Enforcement Decree and food additives manufacturing business prescribed in subparagraph 3 of the same Article shall be classified into excellent businesses and general businesses, and meal service facilities prescribed in Article 2 of the Enforcement Decree and general restaurant business prescribed in subparagraph 8 (b) of Article 21 of the Enforcement Decree shall be classified into exemplary businesses and general businesses. In this case, the standards of determining the grade shall follow the designation standards for excellent or exemplary businesses as presented in attached Table 19.

(3) The Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may let businesses indicate by using the excellent business logo determined by the Minister of Food and Drug Safety on food or food additives produced at the relevant business or may let businesses attach the exemplary business sign under the specifications prescribed by the Minister of Food and Drug Safety on the exterior or interior of the relevant business for the businesses designated as excellent or exemplary businesses under paragraph (2), and may not access or conduct an inspection prescribed in Article 22 of the Act for two years after being designated as an excellent or exemplary business excluding cases falling under any one of the following subparagraphs. <Amended on Aug. 19, 2011, Mar. 23, 2013, Aug. 4, 2016>

1. Business that have been ordered to take corrective measures under Article 71 of the Act or orders to repair facilities under Article 74 of the Act

2. A business that is run by a business operator whose sentence for imprisonment or fines has been decided under what is prescribed from Article 93 through Article 98 of the Act

3. A business that is subject to an administrative fine under Article 101 of the Act

(4) The Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall take actions of the following subparagraphs upon revoking designations under Article 47 (3) of the Act. <Newly Inserted on Aug. 19, 2011, Mar. 23, 2013, Aug. 4, 2016>

1. Withdrawal of the certificate for excellent business designation or certificate for exemplary business designation

2. Withdrawal of the excellent business sign or exemplary business sign

3. Other suspensions on supports following the designation of excellent or exemplary businesses given to the relevant businesses

(5) The business or the operator of businesses revoked of the designation of excellent or exemplary businesses under Article 47 (3) of the Act shall return the certificate for designation or sign without delay to the Minister of Food and Drug Safety or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu. <Newly Inserted on Aug. 19, 2011, Mar. 23, 2013, Aug. 4, 2016>

Article 61-2(Designation Procedures for Sanitation Grades and Methods of Publication or Indication, etc.) #

(1) The food service business operators who intend to be designated sanitation grades under Article 47-2 (1) of the Act (only including rest restaurant business prescribed in subparagraph 8 (a) of Article 21 of the Enforcement Decree, general restaurant business prescribed in item (b) of the same subparagraph, and bakery business prescribed in item (f) of the same subparagraph) shall submit an application for sanitation grades designation as presented in Form 51-2 along with a certificate for reporting of business to the Minister of Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu. <Amended on Dec. 31, 2018>

(2) The Minister of Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu that have received the application under paragraph (1) shall designate the sanitation grade in accordance with the procedures and methods determined and notified by the Minister of Food and Drug Safety within 60 days of receiving the application and shall issue a certificate for the designation of sanitation grades as presented in Form 51-3.

(3) The publication under Article 47-2 (3) of the Act shall follow the method of publication on the website of the Ministry of Food and Drug Safety, Si/Do or Si/Gun/Gu.

(4) When indicating the sanitation grade under Article 47-2 (4) of the Act shall follow the method of attachment of the sanitation grade sign at the main entrance of the relevant place of business or a location that can be seen well by consumers.

(5) The details necessary for the design/specifications of the public announcement under paragraph (3) and the sanitation grade sign under paragraph (4) shall be determined and notified by the Minister of Food and Drug Safety.

[This Article Newly Inserted on Dec. 31, 2015]

Article 61-3(Extension of the Effective Period of Sanitation Grades) #

(1) A person who intends to extend the effective period of sanitation grades in accordance with the proviso of Article 47-2 (5) of the Act shall submit the application for effective period extension of sanitation grades presented in Form 51-4 along with a certificate for the designation of sanitation grades to the Minister of Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu within 60 days before the end of the effective period of sanitation grades.

(2) The Minister of Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu that has received the application for effective period extension under paragraph (1) shall designate a sanitation grade following the procedures and methods determined and notified by the Minister of Food and Drug Safety, and shall issue a certificate for the designation of sanitation grades as presented in Form 51-3.

(3) The phrase "where they fail to comply with the matters prescribed by Ordinance of the Prime Minister" in Article 47-2 (6) 4 of the Act refers to cases where a sanitation grade has been designated by false or other unjustifiable methods.

(4) The details of technical support under Article 47-2 (7) of the Act are as follows.

1. Education related to designation of sanitation grades

2. Inspections necessary for designation of sanitation grades, etc.

(5) The phrase "the period prescribed by Ordinance of the Prime Minister" in Article 47-2 (8) of the Act refers to two years.

[This Article Newly Inserted on Dec. 31, 2015]

Article 62(Food Subject to Hazard Analysis and Critical Control Points) #

(1) The phase "foods prescribed by Ordinance of the Prime Minister" in Article 48 (2) of the Act refers to any one of the foods falling under the following subparagraphs. <Amended on Mar. 19, 2010, Mar. 23, 2013, May 9, 2014, April 19, 2016, Dec. 29, 2017>

1. Fish meat and fish meat sausage among fish meat products from processed fishery product

2. Frozen fishes, mollusks, and processed seasoned food from other processed fishery product

3. Pizza, dumplings and noodles from frozen foods

4. Confectioneries, candies, bread, or rice cakes from confectioneries, bread, or rice cakes

5. Frozen confectionery product from frozen confectioneries

6. Beverages (excluding teas and coffees)

7. Retort food

8. Kimchi from types of pickled or boiled kimchi (limited to kimchi using Korean cabbage as the main ingredient which has been or has not been fermented after going through pickling and seasoning mixing process, etc.)

9. Chocolates from cocoa products or chocolates

10. Oil-fried noodle or wet noodle, cooked noodle, and dried noodle made dough by using grain flour, starch, ingredients with starchiness, etc. as main ingredients which are extracted or cut as noodles by hand or machine

11. Foods for special purposes

12. Ready-to-eat or convenience foods from ready-to-eat food

12-2. Sundae (Korean blood sausage) among ready-to-eat or convenience foods from ready-to-eat food

13. Manufactured and processed food at business entities where the total sales 10 billion won or more the previous year from business entities of food manufacturing or processing business

(2) Details related to the application/operation of hazard analysis and critical control points for food prescribed in paragraph (1) shall be determined and notified by the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013, Aug. 18, 2015>

[Revised Title on Aug. 18, 2015]

Article 63(Certification Application of Business Entities Applied with Hazard Analysis and Critical Control Points) #

(1) A person who intends to be certified as a business office applied with hazard analysis and critical control points under Article 48 (3) of the Act shall submit an application for the certification as a business office applied with hazard analysis and critical control points as presented in Form 52 (including an application in electronic document format) along with a plan for food safety certification by type of food that are subject to application written in accordance with the hazard analysis and critical control points under Article 48 (1) of the Act (including electronic documents) to the head of the entrusted institution (hereinafter referred to as the "certifying institution") of the relevant works pursuant to Article 48 (12) of the Act. <Amended on April 7, 2011, Aug. 18, 2015>

(2) A person who intends to be certified as a business office applied with hazard analysis and critical control points under paragraph (1) shall be equipped with the conditions of the following subparagraphs. <Amended on Aug. 18, 2015>

1. Write and apply management standards for preceding conditions (refers to facility standards and sanitation management standards that need to be equipped in advance for the application of hazard analysis and critical control points)

2. Write and apply hazard analysis and critical control points

(3) Where a head of a certifying institution that has received certification applications under paragraph (1) certified the relevant business office as a business office applied with hazard analysis and critical control points, a certificate for a business office applied with hazard analysis and critical control points as presented in Form 53 shall be issued. <Amended on Aug. 18, 2015>

(4) A person who changed the stage or process that may secure safety by preventing or removing harm of food from matters certified as a business office applied with hazard analysis and critical control points pursuant to the latter part of Article 48 (3) of the Act (hereinafter referred to as the "critical control points") or intends to change the location of the place of business shall submit an application for changes (including a written electronic application) as presented in Form 54 along with the documents (including electronic documents) of the following subparagraphs to the head of the certifying institution. <Amended on Aug. 18, 2015, Jan. 4, 2017>

1. A certificate for a business office applied with hazard analysis and critical control points as presented in Form 53

2. A manual on the details of the changes to the critical control points

(5) Where the head of the certifying institution receiving applications for changes under paragraph (4) verified the changed matters through methods of document review or on-site inspections and recognized them to be appropriate in applying hazard analysis and critical control points, a certificate as presented in Form 53 shall be reissued. <Amended on Aug. 18, 2015>

(6) When the head of the certifying institution issues or reissues a certificate under paragraph (3) or paragraph (5), such facts shall be notified to the Minister of Food and Drug Safety and the head of the competent Regional Office of the Food and Drug Safety without delay. <Newly Established on Aug. 18, 2015, Jan. 4, 2017>

[Revised Title on Aug. 18, 2015]

Article 64(Education/Training for Business Operators and Employees of Business Entities Applied with Hazard Analysis and Critical Control Points) #

(1) The types of education/training that business operators and employees of business entities applied with hazard analysis and critical control points are required to receive under Article 48 (5) of the Act shall be as the following subparagraphs. Provided, a regular education/training under subparagraph 2 of the following year shall be exempted for employees of business entities applied with hazard analysis and critical control points who have received 95 percent or more out of full marks on the investigation and evaluation results pursuant to Article 48 (8) of the Act and Article 66 of this Rules. <Amended on Jan. 17, 2012, Mar. 23, 2013, Aug. 18, 2015, Jan. 4, 2017, May 27, 2021>

1. New education/training for business operators and employees

2. Regular education/training conducted once every year or more (excluding years of certification) on employees

3. Other education/training ordered by the Minister of Food and Drug Safety to business operators and employees with concerns over the occurrence and spread of food safety accidents

(2) Deleted <June 30, 2021>

(3) The hours of education/training under paragraph (1) are as the following subparagraphs.

1. New education/training: Within 2 hours for business operators, within 16 hours for employees

2. Regular education/training: Within 4 hours

3. Education/training under paragraph (1) 3 Within 8 hours

(4) Deleted <June 30, 2021>

(5) Deleted <June 30, 2021>

(6) The details on the education hours by education/training subjects other that than the prescribed matters from paragraph (1) and paragraph (3) shall be determined and notified by the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013, June 30, 2021> [Revised Title on Aug. 18, 2015]

Article 65(Support for Business Entities Applied with Hazard Analysis and Critical Control Points) #

The Minister of Food and Drug Safety may support the matters of the following subparagraphs on hazard analysis and critical control points to business operators who have received or intend to receive certification as business entities applied with hazard analysis and critical control points under Article 48 (6) of the Act. <Amended on Mar. 23, 2013, Aug. 18, 2015>

1. Professional skills and education on the application of hazard analysis and critical control points

2. Inspections necessary for analysis of harmful factors, etc.

3. Consultation cost for the application of hazard analysis and critical control points

4. Cost of repairing and remodeling facilities or equipment for the application of hazard analysis and critical control points

5. Education/training costs

[Revised Title on Aug. 18, 2015]

Article 66(Investigation and Evaluation on Business Entities Applied with Hazard Analysis and Critical Control Points) #

(1) The head of the competent Regional Office of the Food and Drug Safety may investigate and evaluate once every year or more on whether complying with hazard analysis and critical control points, etc., on business entities certified as business entities applied with hazard analysis and critical control points under Article 48 (8) of the Act. <Amended on Aug. 18, 2015>

(2) The matters for investigation and evaluation under paragraph (1) are as the following subparagraphs. <Amended on Aug. 18, 2015>

1. Whether complying with the hazard analysis and critical control points including hazard analysis, determination of critical control points, etc., following manufacturing, processing, cooking, and distribution under Article 48 (1) of the Act

2. Whether completing education/training under Article 64

(3) Other details related to investigation and evaluation are determined by the Minister of Food and Drug Safety. <Amended on Mar. 23, 2013> [Revised Title on Aug. 18, 2015]

Article 67(Revocation of the Certification of Business Entities Applied with Hazard Analysis and Critical Control Points) #

(1) The phases "where they fail to comply with the matters prescribed by Ordinance of the Prime Minister" in Article 48 (8) 4 of the Act refer to the cases of the following subparagraphs. <Amended on Mar. 19, 2010, Mar. 23, 2013, Aug. 18, 2015>

1. Where a business operator of a business office applied with hazard analysis and critical control points entrusts manufacturing and process of certified food to another business office due to violating Article 48 (10) of the Act

2. Where a business operator fails to apply for changes due to violating Article 63 (4)

3. Deleted <Jan. 4, 2017>

(2) The standards on revoking the certification of business entities applied with hazard analysis and critical control points, etc. under Article 48 (8) of the Act are as presented in attached Table 20. <Amended on Aug. 18, 2015>

[Revised Title on Aug. 18, 2015]

Article 68(Exemption of Access and Conduct of Inspection to Business Entities Applied with Hazard Analysis and Critical Control Points) #

The head of the competent Regional Office of the Food and Drug Safety, the Mayor/Do Governor, or the head of the competent Si/Gun/Gu may limit the access and conduct of inspection of the relevant public official during the effective period of certification (hereinafter referred to as the "effective period of certification") pursuant to Article 48-2 (1) of the Act under Article 48 (11) of the Act. <Amended on Aug. 18, 2015, Jan. 4, 2017>

[Revised Title on Aug. 18, 2015]

Article 68-2(Application for the Extension of the Effective Period of Certification, etc.) #

(1) The head of the certifying institution shall notify the business operator of the business entities applied of hazard analysis and critical control points of the matters of the following subparagraphs within 90 days before the expiration of the effective period of certification. In this case, the notification can be delivered by text message via mobile phone, e-mail, fax, phone, or document, etc.

1. The fact that application for extension should be done within in 60 days before the expiration of the effective period of certification when extending the effective period of certification

2. Procedure and method of applying for an extension of the effective period of certification

(2) A person who intends to apply for the extension of the effective period of certification under Article 48-2 (2) of the Act shall submit an application for the extension of the certification on business entities applied with hazard analysis and critical control points as presented in Form 52 (including an application as an electronic document) along with documents of the following subparagraphs (including electronic documents) to the head of the certifying institution within 60 days before the expiration of the effective period of certification. <Amended on May 27, 2021>

1. A plan on hazard analysis and critical control points by food subject to application written in accordance with the hazard analysis and critical control points under Article 48 (1) of the Act

2. Original or copy of a certificate for a business office applied with hazard analysis and critical control points

(3) The head of the certifying institution shall issue a certificate for a business office applied with hazard analysis and critical control points as presented in Form 53 where extending the effective period of certification under Article 48-2 (3) of the Act.

[This Article Newly Inserted on Jan. 4, 2017]

Article 68-3(Designation of Education/Training Institutions for Hazard Analysis and Critical Control Points, etc.) #

(1) A person who intends to be designated to be an education and training institution (hereinafter referred to as "education and training institution") for hazard analysis and critical control points under Article 48-4 (1) of the Act shall submit an application for education/training institution designation as presented in Form 54-2 along with the documents of the following subparagraphs to the Minister of Food and Drug Safety. In this case, the Minister of Food and Drug Safety shall verify certificates of registered matters of corporations (including only corporations) through the joint use of administrative information under Article 36 (1) of the Electronic Government Act.

1. Documents proving the compliance with the designation standards of each subparagraph of paragraph (4)

2. Documents regarding the process, details, methods, and schedule, etc. of education/training

3. Documents regarding articles of incorporation (including only corporations) or equivalent organization operation rules, etc.

(2) The Minister of Food and Drug Safety shall determine whether to designate when receiving applications for education/training institution designation under paragraph (1) through a document review and fact-finding surveys within 30 days of the date of application.

(3) The Minister of Food and Drug Safety shall issue a certificate for education/training institution designation as presented in Form 54-3 when designating education/training institutions under paragraph (2), and notify such facts of designation on the website of the Ministry of Food and Drug Safety.

(4) The phase the "designation requirements prescribed by Ordinance of the Prime Minister" in Article 48-4 (2) of the Act refers to the standards of the following subparagraphs.

1. Shall fall under a corporation, an institution, or an organization

2. Shall be a separate operational organization specializing in education/training

3. Shall have an own education/training regulations

4. Shall have all personnels of the following items

(a) Two education/training instructors or more falling under the qualification criteria determined and notified by the Minister of Food and Drug Safety

(b) One full-time or more manager assuming full charge of education/training

5. Shall have all facilities and equipment of the following items

(a) A building for education/training with the justifiable authority for use

(b) Independently separated offices, classrooms, break rooms, and restroom

(c) Facilities and equipment necessary for education/training such as desks, chairs, tables, computers, screens, and sound equipment

(5) The phase "the matters prescribed by Ordinance of the Prime Minister" in Article 48-4 (3) of the Act refers to the matters falling under any one of the following subparagraphs.

1. Name of the education/training institution

2. Name of the representative of the education/training institution

3. Location of the education/training institution

4. Education/training instructors

5. Process and details of education/training

(6) The details necessary in the designation procedure, method, standards, and changes to designation, etc. of the education/training institution other than what is prescribed from paragraph (1) through paragraph (5) shall be determined and notified by the Minister of Food and Drug Safety.

[This Article Newly Inserted on June 30, 2021]

Article 68-4(Education Details and Matters to be Observed by Education/Training Institutions) #

(1) The details of education/training conducted by education/training institutions shall include the matters of the following subparagraphs.

1. Principles and procedures of hazard analysis and critical control points

2. Statutes and regulations concerning hazard analysis and critical control points

3. Application methods of hazard analysis and critical control points

4. Investigation and evaluation of hazard analysis and critical control points

5. Food sanitation related to hazard analysis and critical control points

6. Other details recognized as being required by the Minister of Food and Drug Safety for the efficient operation of hazard analysis and critical control points

(2) The education/training institution may receive fees for conducting education/training based on the value equivalent to the expenses of the following subparagraphs from the subjects of the education/training.

1. Expenses for instructors

2. Expenses for publication of education/training materials

3. Expenses for materials for experiments and field education required for the education/training

4. Other expenses used for buying office supplies, etc. related to the education/training

(3) The phase "the matters prescribed by Ordinance of the Prime Minister, such as keeping materials regarding education and training" in Article 48-4 (5) of the Act refers to the matters of the following subparagraphs.

1. Shall keep records and materials, etc. related to the relevant education/training for three years from the date of the ending the education/training course

2. Shall develop education/training materials by education/training course and distribute them to subjects of the education/training

3. Shall disclose the matters related to facilities, personnels, courses, details, etc. of the education/training through the online or printed materials

4. Shall report to the Minister of Food and Drug Safety of the operation plan of the annual education/training course and results of the conduct of education/training

5. Other matters recognized by the Minister of Food and Drug Safety as being necessary for the appropriate operation of the education/training institution and smooth conduct of education/training

(4) The necessary details including the details of education/training, expenses for conducting education/training, matters to be observed by education/training institutions other than what is prescribed from paragraph (1) through paragraph (3) shall be determined and notified by the Minister of Food and Drug Safety.

[This Article Newly Inserted on June 30, 2021]

Article 68-5(Criteria for Administrative Dispositions on Education/Training Institutions) #

The detailed standards for the disposition of revocation of designation and operation suspension of education/training institutions pursuant to Article 48-5 (1) of the Act are as presented in attached Table 20-2.

[This Article Newly Inserted on June 30, 2021]

Article 69(Application for Registration of Food Traceability) #

(1) A person who intends to register regarding food traceability under Article 49 (1) of the Act shall submit an application for registration of food traceability (including a written electronic application) as presented in Form 55 along with documents of the following subparagraphs to the Minister of Food and Drug Safety. <Amended on Sep. 1, 2010, Mar. 23, 2013, Mar. 6, 2014, May 9, 2014, Aug. 18, 2015, Feb. 4, 2016>

1. A copy of a report on the manufacturing items of food (a report on the manufacturing items of food of trustees in the case of retail only business) as presented in Form 43

2. A plan on food traceability including the matters determined and notified by the Minister of Food and Drug Safety such as the computerized food traceability system under paragraph (2)

(2) The phrase "the standards for registration prescribed by Ordinance of the Prime Minister" in the main sentence of Article 49 (1) of the Act refers to the necessary system for writing, keeping, and managing, etc. records required for food traceability (hereinafter referred to as "computerized food traceability system"). <Amended on Mar. 19, 2010, Mar. 23, 2013, Mar. 6, 2014, Aug. 18, 2015>

(3) The items of food subject to registration for food traceability shall meet all the conditions of the following subparagraphs.

1. Shall be managed to provide information on food traceability from the stage of manufacturing and processing to the stage of selling

2. Shall equip a follow-up management system such as recall of food from the stage of manufacturing and processing to the stage of selling

(4) The head of the competent Regional Office of the Food and Drug Safety that received applications under paragraph (1) shall review whether a computerized food traceability system is equipped and whether items are appropriate as registration subjects under paragraph (3), and when the results of the review are deemed appropriate, shall issue a certificate for item registration of food traceability as presented in Form 56 after registering the relevant food by item. <Amended on Mar. 23, 2013, Mar. 6, 2014, Aug. 18, 2015>

(5) Deleted <Aug. 18, 2015>

Article 69-2(Subjects for Food Traceability Registration) #

The phase "the persons prescribed by Ordinance of the Prime Minister" in the proviso of Article 49 (1) of the Act refers to persons of the following subparagraphs. <Amended on Feb. 4, 2016, June 28, 2018>

1. Manufacturers and processors of infants/young children food (referring to formula food for infants, formula food of grains for infants and young children, and other food for infants and young children)

2. Manufacturers and processors of food for pregnant or lactating women, food for special medical purposes, etc. and formula food for weight control

3. Other food sales business operators prescribed in subparagraph 5 (b) 6) of Article 21 of the Enforcement Decree and Article 39 of this Rule

[This Article Newly Inserted on Mar. 6, 2014]

[Enforcement Date] The date pursuant to the classified by the following subparagraphs for the amended regulation of subparagraph 2 of Article 69-2

1. Manufacturers and processors with their sales of 5 billion won or more in 2016 by type of food for pregnant or lactating women, food for special medical purposes, etc. and formula food for weight control: December 1, 2019

2. Manufacturers and processors with their sales of 1 billion won or more and are under 5 billion won in 2016 by type of food for pregnant or lactating women, food for special medical purposes, etc., and formula food for weight control: December 1, 2020

3. Manufacturers and processors with their sales of 100 million won or more and are under 1 billion won in 2016 by type of food for pregnant or lactating women, food for special medical purposes, etc., and formula food for weight control: December 1, 2021

4. Manufacturers and processors with their sales of less than 100 million won in 2016 by type of food for pregnant or lactating women, food for special medical purposes, etc., and formula food for weight control and manufacturers and processors for food for pregnant or lactating women, food for special medical purposes, etc., and formula food for weight control registered for business under Article 26-2 (1) of the Enforcement Decree after 2017: December 1, 2022

Article 70(Registration Matters) #

The registered matters of food traceability under Article 49 (1) of the Act are as the following subparagraphs. <Amended on June 30, 2022>

1. For domestic food

(a) Title of business office (name of company) and location

(b) Product name and type of food

(c) Use-by-date and best before date

(d) Preservation and storage condition

2. For imported food

(a) Title of business office (name of company) and location

(b) Name of product

(c) Country of origin (name of country)

(d) Manufacturing or exporting company

Article 71(Report of Changes of the Registered Matters) #

(1) A person who intends to report of the changes to the registered matters prescribed in Article 49 (3) of the Act shall submit a report for changes (including a report as an electronic document) as presented in Form 57 along with the certificate for item registration of food traceability as presented in Form 56 to the head of the competent Regional Office of the Food and Drug Safety within a month from the occurrence of the reason for such changes. <Amended on Mar. 23, 2013, Mar. 6, 2014>

(2) The heads of Regional Offices of the Food and Drug Safety that have been reported of the changes pursuant to paragraph (1) shall write and issue the changed matters on the certificate for item registration of food traceability as presented in Form 56. <Amended on Mar. 23, 2013, Mar. 6, 2014>

Article 72(Investigation, Evaluation, etc.) #

(1) For a person who manufactures, processes, or sells food registered in the food traceability under Article 49 (5) of the Act, methods of document review and on-site inspection shall be conducted when investigating and evaluating on whether he or she is complying with the standards for food traceability, etc. <Amended on Feb. 4, 2016>

(2) The matter of the following subparagraphs shall be included in the investigation and evaluation pursuant to paragraph (1). <Amended on Aug. 18, 2015>

1. Whether establishing or operating a computerized food traceability system

2. Whether complying with the standards for food traceability

(3) The necessary details such as the matters for examination and methods of investigation and evaluation on matter other than what is prescribed in paragraph (1) and paragraph (2) shall be determined and notified by the Minister of Food and Drug Safety.

[Wholly Amended on Mar. 6, 2014]

Article 73(Subjects for Funding Support, etc.) #

The Minister of Food and Drug Safety may fund the matter of the following subparagraphs to the persons registered under food traceability pursuant to Article 49 (6) of the Act. <Amended on Mar. 19, 2010, Mar. 23, 2013, Aug. 18, 2015>

1. Purchase necessary equipment for establishing and operating a computerized food traceability system

2. Costs for developing programs of a computerized food traceability system

3. Other projects recognized by the Minister of Food and Drug Safety of their necessity for food traceability

Article 74(Return of the Registration Certificate for Food Traceability) #

A person revoked of his or her registration of food traceability under Article 49 (7) of the Act shall return the certificate for item registration of food traceability of Form 56 without delay to the head of the competent Regional Office of the Food and Drug Safety. <Amended on Mar. 23, 2013, Mar. 6, 2014>

Article 74-2(Criteria of Revoking the Registration of Food Traceability, etc.) #

The standards for revoking the registration of food traceability, etc. under Article 49 (7) of the Act are as presented in attached Table 20-3. <Amended on June 30, 2021> [This Article Newly Inserted on Mar. 6, 2014]

Article 74-3(Records and Storage of Information of Food Traceability) #

When recording and storing the information on food traceability under Article 49-2 (1) of the Act shall utilize the computerized food traceability system.

[This Article Newly Inserted on Aug. 18, 2015]

Article 74-4(Disclosure of Information Connected to the Food Traceability System) #

The phrase "information prescribed by Ordinance of the Prime Minister" in Article 49-3 (2) of the Act refers to the information pursuant to the classification of the following subparagraphs. <Amended on Feb. 4, 2016, Aug. 4, 2016, June 30, 2022>

1. For domestic food: Information of the following items

(a) Food traceability number

(b) Name and location of the manufacturer

(c) Date of manufacture

(d) Use-by-date or best before date

(e) Name of raw materials or name of ingredients

(f) Name of the country of origin of raw materials

(g) Whether being genetically modified foods (refers to foods or food additives that are manufactured or processed with agricultural products, livestock products, fishery products, etc., cultivated or bred by utilizing biological engineering technologies falling under a technology to artificially recombine genes, or to insert a nucleic acid forming a gene directly into a cell or into a cell organelle or a cell fusion technology that goes beyond families in taxonomy; hereinafter the same shall apply)

(h) Date of shipment

(i) Whether being a subject for recall under Article 45 (1) of the Act or Article 72 (3) and the reason for recall

2. For imported food: Information of the following items

(a) Food traceability number

(b) Name and location of the importer

(c) Manufacturing Country

(d) Name and location of the manufacturer

(e) Date of manufacture

(f) Whether being genetically modified foods

(g) Date of import

(h) Use-by-date or best before date

(i) Name of raw materials or name of ingredients

(j) Whether being a subject for recall under Article 45 (1) of the Act or Article 72 (3) and the reason for recall

[This Article Newly Inserted on Aug. 18, 2015]

Article 75 #

Deleted <Dec. 31, 2015>

Article 76 #

Deleted <Dec. 31, 2015>

Article 77 #

Deleted <Dec. 31, 2015>

Article 78 #

Deleted <Dec. 31, 2015>

Article 79 #

Deleted <April 13, 2020>

Article 80(Application for Cooking License) #

(1) A person who intends to receive a license as a cook pursuant to Article 53 (1) of the Act shall submit an application of issuance or reissuance for a cooking license as presented in Form 60 along with the documents of the following subparagraphs to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. In this case, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall verify national technical qualification certificates for cooks through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act, and shall let the applicant attach a copy of the national technical qualification certificate when not agreeing to the verification thereof. <Amended on Sep. 1, 2010, Jan. 17. 2012, Aug. 4, 2016, Dec. 31, 2020, June 30, 2021>

1. 1 copy of a photograph (refers to a 3-centimeter-wide, 4-centimeter-long photograph taken within the recent 6 months of the upper body facing the front without a hat on, and including a photograph in the format of an electronic file; hereinafter the same in Article 81 (1))

2. A written diagnosis by a doctor within the recent 6 months proving that he or she does not fall under the main sentence of subparagraph 1 of Article 54 of the Act or a written diagnosis by a medical specialist within the recent 6 months proving that he or she is a person falling under the proviso of subparagraph 1 of Article 54 of the Act

3. A written diagnosis by a doctor within the recent 6 months proving that he or she does not fall under the subparagraphs 2 and 3 of Article 54 of the Act

(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall record when granting license of cooks in the cook register as presented in Form 61 and issue a cooking license as presented in Form 62. <Amended on Aug. 4, 2016>

Article 81(Reissuance of License, etc.) #

(1) Where the cook has lost his or her license or license is worn out and virtually cannot be used, he or she shall submit an application for issuance or reissuance of cooking license as presented in Form 60 along with one copy of a photograph and the cooking license (including only cases where the license is worn out and virtually cannot be used) to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Aug. 4, 2016, June 30, 2021>

(2) Where there is changes to the written matters of the license, the cook shall submit an application for changing the written matters of the cooking license as presented in Form 63 along with the license and the documents proving such changes to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Aug. 4, 2016>

Article 82(Return of the Cooking License) #

Where a cook receives a disposition of revocation of his or her license pursuant to Article 80 of the Act, he or she shall return the license without delay of the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Aug. 4, 2016>

Article 83(Education of Cooks and Nutritionists) #

(1) The Minister of Food and Drug Safety when recognizing concerns of harming public health due to an epidemic of infectious disease prescribed in Article 2 of the Infectious Disease Control and Prevention Act or an outbreak or spread of food poisoning clusters, etc. due to food pursuant to Article 56 (2) of the Act or when the Mayor/Do governor requests the conduct of an education on food sanitation with the necessity of improving the level of food sanitation due to international events or large-scale special events, the Minister of Food and Drug Safety may order cooks and nutritionists falling under any one of the following subparagraphs to receive the relevant education during the prescribed hour. In this case, education/training institutions shall be institutions designated by the Minister of Food and Drug Safety pursuant to Article 84 (1). <Amended on Mar. 19, 2010, Dec. 30, 2010, Mar. 23, 2013, May 9, 2014>

1. A food service business that needs to place a cook under Article 51 (1) of the Act or a cook engaging in meal service facilities

2. A nutritionist that engages in meal service facilities that needs to place a nutritionist under Article 52 (1) of the Act

(2) Where a nutritionist that has a cooking license under Article 51 (1) 3 of the Act or a cook that completed the education pursuant to paragraph (1) that has a nutritionist license under Article 52 (1) 3, he or she shall be deemed as receiving the relevant education for cooks and education for nutritionists. <Amended on May 9, 2014>

(3) Where a cook or nutritionist that is required to receive education pursuant to paragraph (1) is difficult to participate in the education for inevitable reasons such as treatment of diseases, etc. as prescribed by the Minister of Food and Drug Safety, he or she may substitute the education by learning and utilizing the distributed education materials. <Amended on Mar. 19, 2010, Mar. 23, 2013>

Article 84(Education Institutions, etc. for Cooks and Nutritionists) #

(1) The education on cooks and nutritionists engaging in meal service facilities under the proviso of Article 56 (1) of the Act shall be conducted by an institution designated by the Minister of Food and Drug Safety among professional institutions or organizations established for the purpose of conducting education related to food sanitation. <Amended on Mar. 19, 2010, Mar. 23, 2013>

(2) The education institution pursuant to paragraph (1) shall conduct education on the details of the following subparagraphs.

1. Statutes and regulations of food sanitation and policies

2. Sanitation management of meal service facilities

3. Measures for the prevention and management of food poisoning

4. Matters regarding improving the capacity of cooks and nutritionists

5. Other necessary matter for food sanitation

(3) Education hours shall be 6 hours.

(4) The necessary matters related to the education method and details, etc., other than what is prescribed from paragraph (1) through paragraph (3) shall be determined and notified by the Minister of Food and Drug Safety. <Amended on Mar. 19, 2010, Mar. 23, 2013>

Article 85(Submission of Business Plan of the National Food Safety Information Service) #

The National Food Safety Information Service (hereinafter referred to as the "Information Service") under Article 67 (1) of the Act shall receive an approval from the Minister of Food and Drug Safety on the following year’s business plan before the beginning the of every business year pursuant to Article 69 of the Act and on the budget attached with document of the following subparagraphs after undergoing a deliberation from the board of directors. The same shall apply to any modification thereof. <Amended on June 29, 2012, Mar. 23, 2013, June 30, 2021>

1. Estimated statement of financial position

2. Estimated statement of profit or loss

3. Fund plan for revenue and expenditure

[Revised Title on June 29, 2012]

Article 86(Guidance and Supervision on the Information Service) #

(1) The Minister for Food and Drug Safety shall guide and supervise the matters of the following subparagraphs more than once every year on the Information Service pursuant to Article 70 (3) of the Act. <Amended on June. 29, 2012, Mar. 23, 2013>

1. Matters regarding the project of the Information Service pursuant to Article 68 of the Act

2. Whether the compilation and execution of the budget for operation is appropriate

3. Whether the management of the equipment for operation is appropriate

4. Other matters recognized by the Minister of Food and Drug Safety as being necessary

(2) When deemed necessary, the Minister of Food and Drug Safety may order the head of the Information Service to report on the progress status of the related works concerning the projects of the Information Service. <Amended on June. 29, 2012, Mar. 23, 2013> [Revised Title on June 29, 2012]

Article 86-2 #

Deleted <Dec. 31, 2020>

Article 86-3 #

Deleted <July 28, 2022>

Article 86-4(Application for Designation of the Institution in Charge) #

(1) The application for designation pursuant to Article 50-5 (1) of the Enforcement Decree shall be as presented in Form 63-2.

(2) The Form on the designation of the institution in charge pursuant to Article 50-5 (3) of the Enforcement Decree shall be as presented in Form 63-3.

(3) The application for changes to designation pursuant to Article 50-5 (4) of the Enforcement Decree shall be as presented in Form 63-4.

[This Article Newly Inserted on Nov. 30, 2016]

[Moved from Article 86-3, Previous Article 86-4 Moved to Article 86-5 <Nov. 20, 2019>]

Article 86-5(Submission of Business Plans, etc.) #

(1) The institution in charge shall submit a project performance report of the previous year and the business plans for the relevant year pursuant to Article 70-9 with the documents of the following subparagraphs attached to the Minister of Food and Drug Safety by the end of January every year. <Amended on June 30, 2021>

1. Budget bill

2. Estimated statement of financial position

3. Estimated statement of profit or loss

4. Fund plan for revenue and expenditure

(2) Where the institution in charge intends to change the submitted business plan under paragraph (1), documents stating the details and reason of the changes shall be submitted to the Minister of Food and Drug Safety a document.

[This Article Newly Inserted on Nov. 30, 2016]

[Moved from Article 86-4, Previous Article 86-5 Moved to Article 86-6 <Nov. 20, 2019>]

Article 86-6(Guidance and Supervision on the Institution in Charge) #

(1) The Minister for Food and Drug Safety shall guide and supervise the matters of the following subparagraphs more than once every year on the institution in charge pursuant to Article 70 (10) of the Act.

1. Matters regarding the project of the institution in charge under each subparagraph of Article 70-8 (1) of the Act

2. Matters regarding whether the compilation and execution of budget is appropriate

3. Other matters recognized by the Minister of Food and Drug Safety as being necessary for guidance and supervision on the institution in charge

[This Article Newly Inserted on Nov. 30, 2016]

[Moved from Article 86-5 <Nov. 20, 2019>]

Article 87(Recall Order and Seizure, etc.) #

(1) Where the relevant public official seizes foods, etc. under Article 72 of the Act, he or she shall issue a certificate for seizure as presented in Form 16.

(2) The business operator that received a recall order of foods, etc. under Article 72 (3) of the Act shall stop distribution and sales of foods, etc. subject to the recall order without delay, write a recall plan and recall accordingly to such recall plan. In this case, Article 59 (1) and (3) shall apply mutatis mutandis on the recall plan, recall procedures, report of the recall results, etc. <Amended on July 28, 2022>

(3) The necessary details on the recall plan, recall procedures, etc. other what is prescribed in paragraph (1) and paragraph (2) shall be determined and notified by the Minister of Food and Drug Safety. <Newly Established on July 28, 2022>

(4) The offices granting permission, offices receiving reporting of business, or offices registering business that ordered the recall of foods, etc. under Article 72 (3) of the Act shall take measures prescribed in Article 59 (2) 1 and 2. <Newly Established on July 28, 2022>

(5) A certificate indicating the authority of the public official seizing or discarding such foods, etc. under Article 72 (4) of the Act is as presented in Form 18. <Amended on Jan. 4, 2017, Jul. 28, 2022>

[Revised Title on July 28, 2022]

Article 88(Urgent Notices on Recall of Harmful Foods, etc.) #

(1) The details and guidelines for preparing accompanying documents, etc. for the urgent notices on recall of harmful foods, etc. under Article 51 (1) of the Enforcement Decree are as follows in attached Table 22.

(2) The business operator announcing occurrence of or urgent notices on recall of harmful foods, etc. under Article 51 (1) of the Enforcement Decree shall notify the offices granting permission, offices receiving reporting of business, or offices registering business without delay of the results of the announcement including the matters of the following subparagraphs. <Amended on Aug. 18, 2015>

1. Date of announcement

2. Media used for the announcement

3. Number of announcements

4. A copy or details of the announcement

Article 89(Criteria of Administrative Dispositions) #

The standards for administrative dispositions under Article 71 of the Act, Article 72 of the Act, Article 74 through Article 76 of the Act, and Article 80 of the Act are as presented in attached Table 23.

Article 90(Posting of Closure of Business Office, etc.) #

Where the offices granting permission, offices receiving reporting of business, or offices registering business took actions of revocation of business license, revocation of business registration, business suspension or closure of business offices under Article 75 of the Act, the posting notice as presented in Form 63-5 which includes the title of the business offices, details of the disposition, period of disposition, etc. shall be put on the entrance or outside of the relevant business offices receiving the disposition where it can be seen well. <Amended on Aug. 19, 2011, Jan. 17, 2012, Nov. 30, 2016>

Article 91(Administrative Disposition Register, etc.) #

(1) Where an administrative disposition is carried out in accordance with Article 71 of the Act, Article 72 of the Act, Articles 74 through 76 of the Act, Article 79, Article 80 of the Act, and where hearings were held in accordance with Article 81 of the Act by the Minister of Food and Drug Safety, heads of Regional Offices of the Food and Drug Safety, offices granting permission, offices receiving reporting of business, or offices registering business, the details shall be recorded and retained in the register on administrative dispositions and hearings as presented in Form 64. <Amended on Jan. 17, 2012, Mar. 23, 2013, Feb. 4, 2016, Aug. 4, 2016>

(2) Where the head of the competent Regional Office of the Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu revokes the permission of business or registration of business under Article 75 of the Act or orders the closure of a business offices under Article 79 of the Act, the name and date of birth of the business operator, reason for revocation or closure, the date of revocation or closure, etc. shall be notified to another head of the Regional Office of the Food and Drug Safety for the heads of Regional Offices of the Food and Drug Safety and to another Mayor/Do governor through the competent Mayor/Do governor for the heads of Si/Gun/Gu. <Amended on Jan. 17, 2012, Feb. 4, 2016, Aug. 4, 2016>

(3) Where the head of the competent Regional Office of the Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu carried out an administrative disposition in accordance with Article 75 of the Act, Article 76 of the Act, and Article 79 of the Act on any one of the business falling under the following subparagraphs, the name of the business offices, the number of the certificate for permission of business (reporting or registration), details of the violation, details of the administrative disposition, period of disposition, and the name of the item subject to disposition, etc. shall be reported without delay following Form 65 to the Minister of Food and Drug Safety. In this case, the head of a Si/Gun/Gu shall report through the Mayor/do governor. <Amended on Jan. 17, 2012, Mar. 23, 2013, Aug. 4, 2016>

1. Food manufacturing or processing business prescribed in subparagraph 1 of Article 21 of the Enforcement Decree

2. Food additives manufacturing business prescribed in subparagraph 3 of Article 21 of the Enforcement Decree

3. Retail only business prescribed in subparagraph 5 (b) 3) of Article 21 of the Enforcement Decree

4. Deleted <Feb. 4, 2016>

5. Business of manufacturing containers and packaging prescribed in subparagraph 7 of Article 21 of the Enforcement Decree

Article 92(Subjects Excluded from Imposition of Penalty Surcharge and Collection Procedures) #

(1) The subjects excluded from penalty surcharge pursuant to the proviso of Article 82 (1) of the Act are as attached Table 23.

(2) Enforcement Rule of the Management of the National Funds Act shall apply mutatis mutandis on the collection procedures for penalties pursuant to Article 54 of the Enforcement Decree. In this case, the methods and period of filing an objection, etc. shall be specified together in the payment notices.

Article 93(Report on the Patients Suffering from Food Poisoning or the Dead Bodies Thereof) #

(1) The reports made by a doctor or herb doctor in accordance to Article 86 (1) of the Act shall include the matters of the following subparagraphs.

1. Address and name of the reporter

2. Address, name, and date of birth of patients suffering from food poisoning, persons suspected of suffering from food poisoning, or the location of the dead bodies of persons who have died of food poisoning

3. Causes of food poisoning

4. Year/month/date of the onset of food poisoning

5. Year/month/date of diagnosis or examination

(2) The report on the occurrence of food poisoning and the report on the investigation results on food poisoning under Article 86 (2) of the Act by the competent Special Self-Governing City Mayor, the head of a competent Si (including the head of an administrative city under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu shall follow Form 66 and Form 67, respectively. <Amended on Mar. 6, 2014, June 12, 2019>

Article 94(Report of Meal Service Facilities, etc.) #

(1) A person who intends to establish and operate a meal service facilities under Article 88 (1) of the Act shall submit a report on the establishment and operation of meal service facilities (including a report as an electronic document) as presented in Form 68 after equipping the facilities pursuant to Article 96 along with documents (including electronic documents) of Article 42 (1) 1 and 4 to the offices receiving reporting of business. <Amended on April 7, 2011, May 31, 2012, May 9, 2014, Jan. 4, 2017>

(2) A person who intends to operate a meal service facility where the report of the establishment and operation of a meal service facility has been terminated under paragraph (9) (including those who are not the installer nor operator that reported the termination) shall submit a report on the establishment and operation of meal service facilities (including a report as an electronic document) as presented in Form 68 along with documents (including electronic documents) of the following subparagraphs to the offices receiving reporting of business. <Newly Established on May 9, 2014, Jan. 4, 2017>

1. Documents prescribed in Article 42 (1) 1

2. Documents prescribed in subparagraph 4 of Article 42 Provided, cases where the waterworks of the previous meal service facility is used as is excluded.

3. A copy of the contract on transfer/takeover or other documents proving the reporter is the person who has established or operates the relevant meal service facility

(3) The offices receiving reporting of business that have received the report under paragraph (1) or paragraph (2) (excluding cases where the facility, equipment, and operation system of the previous meal service facility is maintained) shall verify the certificate for the final inspection of the facility that uses liquefied petroleum gas through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act (including only cases where the facility has to receive a final inspection of the facility that uses liquefied petroleum gas under Article 44 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act) and medical examination result document (including only those who are subjects of a medical examination under Article 49), and provided that if the reporter does not agree to the verifications, a copy thereof shall be attached. <Newly Inserted on May 9, 2014, Jan. 4, 2017, April 13, 2020>

(4) The offices receiving reporting of business that have received the report under paragraph (1) or paragraph (2) shall issue a report on the establishment and operation of meal service facilities as presented in Form 69 without delay, and verity the matters reported within 15 days. <Amended on May 9, 2014>

(5) The offices receiving reporting of business that have received the report under paragraph (4) shall record and keep a report register on the establishment and operation of meal service facilities as presented in Form 70 or input the information on the computer network using the same format for management. <Amended on May 9, 2014>

(6) Where the person who establishes or operates a meal service facility that received the certificate for reporting of business pursuant to paragraph (4) intends to re-issue the certificate as it is missing or has worn out and is virtually unusable, he or she shall submit an application for re-issuance as presented in Form 35 (including a written electronic application) along with the worn out and virtually unusable certificate (he or she shall attach the unusable certificate for registration of business for cases where the certificate is worn out and virtually unusable) to the offices receiving reporting of business. <Amended on June 29, 2012, May 9, 2014>

(7) Where the person who establishes or operates a meal service facility changes the matters classified by the following subparagraphs among the reported matters, he or she shall submit a report for changes to the reported matters as presented in Form 71 (including a written electronic application) along with the certificate for the reporting of the establishment and operation of the meal service facilities to the offices receiving reporting of business. In this case, the documents of subparagraph 1 and subparagraph 4 of Article 42 (1) (including electronic documents) shall be attached additionally when changing the location of the meal service facility. <Amended on May 31, 2012, Dec. 17, 2012, May 9, 2014>

1. If the person who establishes or operates a meal service facility is a corporation: Relevant representative, name of the relevant representative, location of business, or catering service business operator

2. If the person who establishes or operates a meal service facility is not a corporation: Name of the person who establishes or operates a meal service facility, location of business, or catering service business operator

(8) The offices receiving reporting of business that have received the report for changes that changes the location of a meal service facility pursuant to the latter part other than the subparagraph of paragraph (7) shall verity the certificate for final inspection for the facility that uses liquefied petroleum gas through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act (including only cases where the facility has to receive a final inspection for the facility that uses liquefied petroleum gas under Article 44 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act). Provided, that if the applicant does not agree to the verifications, a copy thereof shall be attached. <Newly Inserted on May 31, 2012, May 9, 2014, April 13, 2020>

(9) Where the person who establishes or operates a meal service facility intends to end such operation, he or she shall submit a report on the termination of establishment and operation of meal service facilities (including a report as an electronic document) as presented in Form 72 along with the certificate for the reporting of the establishment and operation of the meal service facilities to the offices receiving reporting of business. <Amended on May 31, 2012, May 9, 2014>

(10) A person who intends to report of the succession of the status as a person who establishes or operates a meal service facility pursuant to Article 39 of the same Act which is applied mutatis mutandis from Article 88 (3) of the Act shall submit a report on succession of status as a person who establishes or operates a meal service facility as presented in Form 73 along with the documents of the following subparagraphs to the offices receiving reporting of business. <Newly Established on June 30, 2021, April 28, 2022>

1. A certificate for the reporting of the establishment and operation of the meal service facilities

2. Documents pursuant to the classification of the following item that proves the transfer of authority

(a) A copy of the document proving the transfer/acquisition in the case of a transfer

(b) Documents proving that the person is the successor in the case of a succession

(c) Other documents that can prove that the status of being a person who establishes and operates a meal service facility is succeeded by relevant reasons

3. Completion certificate for education (including only cases when a person has received the food sanitation education in advance in accordance to the main sentence of Article 41 (2) of the Act)

4. A copy of the letter of attorney with the delegating person’s handwritten signature or a copy of the delegating person’s identification card (including only cases where the transferee delegates the report of the status succession)

(11) The offices receiving reporting of business that have received applications under Article 10 shall verify the administrative information prescribed in the classification of the following subparagraphs through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act. Provided, that if the applicant does not agree to the confirmation, a copy thereof shall be attached. <Newly Established on April 28, 2022>

1. For those who are subjects of a medical examination under Article 49: Medical examination result documents

2. For succession of business: Family relation certificate of the successor

(12) Where the successor who intends to report the succession of the status as a person who establishes or operates a meal service facility under paragraph (10) intends to report of the termination pursuant to paragraph (9) together, he or she shall only attach and submit the document of subparagraph 1 and subparagraph 2 (b) of Article 10 (including the documents of subparagraph 4 of the same paragraph when the successor delegates the report of the status succession). <Newly Established on June 30, 2021, April 28, 2022>

Article 95(Matters to be Observed by Persons who Establish or Operate Meal Service Facilities) #

(1) When preserving the cooked and offered food (including only general meals for hospitals under subparagraph 12 of Article 2 of the Act) pursuant to Article 88 (2) 2 of the Act, a serving of foods cooked and offered each time shall be stored below 18 degrees Celsius. In this case, the processed food offered in the form of finished goods may be stored according to the storage condition specified by the manufacturer of such food within the use-by-date. <Amended on Aug. 19, 2011, Dec. 29, 2017, June 30, 2022>

(2) The phase "matters prescribed by Ordinance of the Prime Minister" in Article 88 (2) 11 of the Act are as presented in attached Table 24. <Amended on Mar. 19, 2010, Mar. 23, 2013, June 30, 2021>

Article 96(Facility Standards of Meal Service Facilities) #

The facility standards of meal service facilities pursuant to Article 88 (7) of the Act are as presented in attached Table 25. <Amended on June 30, 2021>

Article 96-2(Standards and Methods of Evaluation of Food Safety Management Activities) #

(1) The standards of evaluation of food safety management activities pursuant to Article 90-3 (1) of the Act are as the following subparagraphs.

1. Level of attainment of food safety management project targets or performance of projects

2. Other matters prescribed by the Minister of Food and Drug Safety for food safety management

(2) The Minister of Food and Drug Safety may conduct by classifying Si/Do and Si/Gun/Gu when evaluating in accordance with paragraph (1).

[This Article Newly Inserted on Aug. 4, 2016]

Article 97(Fees) #

(1) The fees under Article 92 of the Act are as presented in attached Table 26.

(2) The fees under paragraph (1) may be paid in government revenue stamps, revenue stamps of the relevant local government, cash, credit card or debit card, or using electronic money, electronic payment, etc. via the information and communications network.

[Wholly Amended on May 27, 2021]

Article 98(Matters Excluded from Penalties) #

(1) The phase "insignificant matters prescribed by Ordinance of the Prime Minister" in subparagraph 6 of Article 97 of the Act refers to the cases falling under any one of the following subparagraphs. <Amended on Mar. 19, 2010, Mar. 23, 2013, June 30, 2022>

1. Where a food manufacturing or processing business operator prescribed in subparagraph 1 of Article 21 of the Enforcement Decree does not include the details of recommending purchase of a product by checking the use-by-date when advertising food

2. Where a food manufacturing or processing business operator prescribed in subparagraph 1 of Article 21 of the Enforcement Decree and a food subdivision and sales business operator prescribed in subparagraph 5 of Article 21 does not keep the transaction records of the relevant food

3. Where a food service business operator prescribed in subparagraph 8 of Article 21 of the Enforcement Decree does not keep a certificate for reporting of business or a certificate for permission of business

4. Where an entertainment bar business operator prescribed in subparagraph 8 (d) of Article 21 of the Enforcement Decree does not display or manage a list of employees

Article 99(Review of Regulations) #

The Minister of Food and Drug Safety shall take measures of improvement, etc. on the matters of the following subparagraphs by reviewing the validity every three years (referring to the date until that is the same of the standard date of every third year) based on the standard date of the following subparagraphs. <Amended on Aug. 20, 2014, Aug. 18, 2015, Feb. 4, 2016, Dec. 29, 2017, April 25, 2019, April 13, 2020, Dec. 30, 2021, April 28, 2022>

1. Facility standards by type of business under Article 36 and attached Table 14: January 1, 2020

2. Food sanitation education hours under Article 52 (1) and (2): January 1, 2022

3. Matters to be observed by food service business operators, etc. under Article 57 and attached Table 17: January 1, 2022

4. Food subject to hazard analysis and critical control points under Article 62 (1) 8: January 1, 2020

5. Criteria on revoking the certification of business entities applied with hazard analysis and critical control points, etc. under Article 67 (2) and attached Table 20: January 1, 2022

[Wholly Amended on April 1, 2014]

Article 100(Criteria on Imposition of Administrative Fines) #

The standards on imposing administrative fines on those who violated Article 3 of the Act and Article 88 (2) 11 of the Act under Article 67 of the Enforcement Decree and attached Table 2 of the Enforcement Decree is as presented in attached Table 27. <Amended on June 30, 2021>

Article 101(Subjects of Administrative Fine Imposition) #

(1) The phase "insignificant matters prescribed by Ordinance of the Prime Minister" in the proviso of Article 101 (1) 3 of the Act and paragraph (3) 6 of the same Article refers to the matters falling under Article 88 (2) 11 of the Act. <Newly Established on June 30, 2021>

(2) The phase "insignificant matters prescribed by Ordinance of the Prime Minister" in Article 101 (3) 2 of the Act refers to cases falling under any one of the following subparagraphs. <Amended on Mar. 23, 2013, Dec. 29, 2017, June 30, 2021>

1. Where a food service business operator prescribed in subparagraph 8 of Article 21 of the Enforcement Decree does not comply with the obligations of keeping a certificate for reporting of business, a certificate for permission of business, or a cooking license pursuant to subparagraph 7 (i) of attached Table 17

2. Where an entertainment bar business operator prescribed in subparagraph 8 (d) of Article 21 of the Enforcement Decree does not comply with the obligations of displaying, recording, and managing list of employees pursuant to subparagraph 7 (m) of attached Table 17

[This Article Newly Inserted on Aug. 19, 2011]