Enforcement Rules of the Act on the Fostering of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Foods under the Jurisdiction of the Ministry of Oceans and Fisheries

Article 1(Purpose) #

The purpose of these Rules is to prescribe matters delegated by the Act on the Fostering of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Foods, etc. and the Enforcement Decree of the same Act, and the matters necessary for the enforcement thereof under the jurisdiction of the Ministry of Oceans and Fisheries.

Article 2(Definitions) #

The definitions of terms used in these Rules shall be as follows.

1.The term "environment-friendly fisheries" means the industry among environment-friendly agriculture and fisheries that produces fishery products.

2.The term "environment-friendly fishery product" means a product that corresponds to any one of the following and is obtained through environment-friendly fisheries.

A. Organic fishery products

B. Non-antibiotic fishery products and non-activator fishery products (hereinafter "non-antibiotic fishery products, etc.")

3.The term "organic foods" means organic fishery products and organic processed foods (refers to foods manufactured, processed, and distributed using organic fishery products as the raw materials or ingredients; the same hereinafter).

4.The term "activator" means a substance, mainly consisting of organic acids or acidic electrolyzed water, used in aquaculture to remove undesired algae and prevent blight and which comply with the usage standard of the activator prescribed by the minister of fisheries and oceans.

Article 3(Permitted Substances) #

① The permitted substances prescribed by the Ordinance of the Ministry of Oceans and Fisheries under Article 2, subparagraph 7 of the Act on the Fostering of Environment-friendly Agriculture and Fisheries and the Management and Support of Organic Foods, etc. (hereinafter "Act") shall be as set out in Schedule 1.

② The selection criteria and procedure of permitted substances pursuant to paragraph 1 shall be as set out in Schedule 2.

Article 4(Matters for Inclusion in Environment-friendly Fisheries Development Plans) #

Any environment-friendly fisheries development plan under Article 7 (2) 11 of the Act shall include each of the following.

1. Measures to manage aquaculture water quality and other aspects of the fisheries environment

2. Measures to control disease in an environment-friendly manner

3. Measures to develop and supply environment-friendly fisheries materials and utilize fisheries wastes

4. Measures to resourcify and appropriately handle marine byproducts, etc.

5. Quality control measures for organic foods or non-antibiotic fishery products, etc.

6. Matters regarding the export/import of organic foods or non-antibiotic fishery products, etc.

7. Matters regarding the standards and objectives of environment-friendly fisheries in Korea

8. Other matters deemed by the Oceans and Fisheries Minister to be necessary for the development of environment-friendly fisheries

Article 5(Inspection and Evaluation of Fisheries Resources and Environments) #

① The President of the National Fisheries Research and Development Institute or the head of the local government, in order to conduct an inspection or evaluation of fisheries resources and environments under Article 11 (1) of the Act, shall establish a plan necessary for inspection and evaluation that includes matters such as the method, time, and frequency of the inspection/evaluation and shall conduct the inspection/evaluation in accordance therewith.

② The head of the local government shall actively cooperate with the inspection and evaluation conducted by the President of the National Fisheries Research and Development Institute under paragraph 1, and shall submit to the President of the National Fisheries Research and Development Institute the results of any investigation or evaluation carried out under paragraph 1.

③ The President of the National Fisheries Research and Development Institute shall establish a fisheries environment and resource information system to utilize the results of investigations and evaluations pursuant to paragraph 1 and the results of investigations and evaluations submitted under paragraph 2.

Article 6(Investigation/Evaluation Agency) #

The Oceans and Fisheries Minister, in accordance with Article 11 (2) of the Act, may require the head of an agency under the Ministry of Oceans and Fisheries or any of the following entities to investigate/evaluate each of the matters pursuant to Article 11 (1) of the Act.

1. National Institute of Environmental Research

2. Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act

3. Korea Maritime Institute under the Act on the Establishment, Operation and Fosterage of Government-invested Research Institutions

4. Any other environment-friendly fisheries-related organization, research institution, or professional investigation business specified and prescribed by the Oceans and Fisheries Minister

Article 7(Identification Card of Investigating Public Officials) #

The identification card of investigating public officials under Article 12 (3) of the Act shall be as set out in Form 1.

Article 8(Eligibility for Organic Food Certification) #

① Eligibility for organic food certification under Article 19 (1) of the Act shall be as follows.

1. An individual who corresponds to any one of the following

A. An individual who produces organic fishery products: Provided, that the individual produces farmed fishery products.

B. An individual who manufactures/processes organic processed foods

2. An individual who handles products that correspond to any one of the items of subparagraph 1

② Detailed matters regarding eligibility under paragraph 1 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service. Matters regarding organic processed foods that incorporate agricultural, livestock, forest, and fishery products and the handlers thereof shall be as determined by the Director of the National Fishery Products Quality Management Service through discussion with the Director of the National Agricultural Products Quality Management Service.

Article 9(Organic Food Certification Requirements) #

① Certification requirements necessary for the production, manufacture/processing, or handling of organic foods under Article 19 (2) of the Act shall be as set out in Schedule 3.

② Detailed matters regarding the certification requirements pursuant to paragraph 1 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 10(Application for Organic Food Certification) #

Any individual who wishes to obtain organic food certification under Article 20 (1) of the Act shall attach each of the following documents to the Application for Certification form set out in Form 2 or Form 3 and submit them to the Director of the National Fishery Products Quality Management Service or the head of a certifying body designated under Article 26 (1) of the Act (hereinafter "certifying body" in this Chapter).

1. Certified Product Production Plan set out in Form 4 or Certified Product Manufacture/Processing and Handling Plan set out in Form 5

2. Business-related materials set out in Schedule 4

3. A map indicating the boundaries of the business site

4. Drawings specifying the structure and purpose of work sites related to production, manufacture/processing, and handling (applicable only when there are work sites)

Article 11(Assessment Procedure for Organic Food Certification, etc.) #

① The Director of the National Fishery Products Quality Management Service or the head of the certifying body, within ten days of receiving any application for certification under Article 10 or any application for certification renewal or application for extension of validity of certified products under Article 16, shall formulate an assessment, notify the applicant of the assessment schedule and list of assessors, and assess the application according to the plan.

② The method of assessment under Article 20 (3) of the Act shall be as follows.

1. Document screening: Assess whether the documents submitted by the applicant under Article 10 meet the certification requirements pursuant to Article 9

2. Field assessment: The business site (including facilities) is visited to assess whether it meets the certification requirements pursuant to Article 9

③ Detailed matters regarding the assessment procedure and method under paragraphs 1 and 2 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 12(Application for Reassessment, etc.) #

① Any person who fails to obtain certification and intends to apply for reassessment under Article 20 (4) of the Act (hereinafter "reassessment" in this Chapter), within seven days of receiving the non-compliance notification under Article 20 (3) of the Act, shall attach materials that can verify the reason for reassessment application to the Application for Certification Reassessment form set out in Form 6 and submit them to the Director of the National Fishery Products Quality Management Service or the head of the certifying body that performed the assessment. The results of any reassessment shall not be subject to further reassessment.

② Matters regarding the procedure and method of reassessment under paragraph 1 shall be as prescribed in Article 11. However, the reassessment shall be limited only to the item for which reassessment is requested, and where there are no issues in the assessment procedure, no changes have been made to the production, manufacturing/processing, or handling procedure, or it is otherwise unnecessary to conduct a reassessment, the results of reassessment may be based on the initially assessed materials.

Article 13(Issuance of Certificates) #

The Director of the National Fishery Products Quality Management Service or the head of the certifying body shall assess each of the following applications according to classification and, where the requirements pursuant to Article 9 are met, shall issue the certificate set out in Form 7 or the certificate set out in Form 8.

1. Application for certification under Article 10: Certification assessment

2. Application for reassessment under Article 12 (1): Reassessment

3. Application for certification renewal or application for extension of validity of certified products under Article 16: Certification renewal assessment or certified product validity extension assessment

Article 14(Certificate Modification Approval, etc.) #

① Approval of certificate modification under Article 20 (5) of the Act shall target the following.

1. Size of the certified business site

2. Address of the certified business operator or additional conditions of certification

② Any certified business operator who intends to change the matters set out in paragraph 1 shall attach each of the following documents to the Application for Certificate Modification Approval form set out in Form 9 and submit them to the Director of the National Fishery Products Quality Management Service or the head of the certifying body who granted the certification.

1. Original certificate

2. Documents stating the reason for modifying the certificate

③ The Director of the National Fishery Products Quality Management Service or the head of the certifying body, when giving approval for certificate modification under paragraph 2, shall issue the certificate set out in Form 7 or the certificate set out in Form 8.

Article 15(Reissuance of Certificates) #

Any person who has been issued with a certificate under Article 13 or Article 14 (3), in the event that the certificate has been lost or is worn out, may be reissued with the certificate by submitting an explanatory statement to the Director of the National Fishery Products Quality Management Service or the head of the certifying body who issued the certificate. In this case, where a certificate is reissued due to wear, the worn certificate shall be attached.

Article 16(Certification Renewal, etc.) #

① Any person who wishes to renew a certification or extend the validity of certified products under Article 21 (2) and (3) of the Act shall attach each of the following documents to the Application for Certification form set out in Form 2 or Form 3 and submit them to the Director of the National Fishery Products Quality Management Service or the head of the certifying body who granted the certification at least two months prior to the expiration date.

1. Certified Product Production Plan set out in Form 4 or Certified Product Manufacture/Processing and Handling Plan set out in Form 5

2. Business-related materials set out in Schedule 4

3. A map indicating the boundaries of the business site (applicable only when changes have been made)

4. Drawings specifying the structure and purpose of work sites related to production, manufacture/processing, and handling (applicable only when changes have been made to work sites)

② Where a certified business operator is unable to apply for certification renewal or extension of validity of certified products due to the closure, suspension of operation, or other inevitable circumstances of the certifying body that granted the certification, the certified business operator, under the proviso of Article 21 (2) of the Act and paragraph 4 of the same Article, may submit the application for certification renewal or extension of validity of certified products under paragraph 1 to the Director of the National Fishery Products Quality Management Service or the head of another certifying body. In this case, all documents regarding the application and assessment of the certification and any follow-up service fees (applicable only when follow-up service fees have already been paid) may be collected back from the certifying body that granted the original certification and submitted to the Director of the National Fishery Products Quality Management Service or the head of another certifying body newly placed in charge of certification services.

③ The Director of the National Fishery Products Quality Management Service or the head of the certifying body, at least three months prior to the expiration of any certification, shall notify the certified individual in advance of the fact that the certification cannot be renewed or its validity extended unless it is renewed/extended before the corresponding deadline.

④ The notification pursuant to paragraph 3 may be made through such media as mobile text messaging, e-mail, fax, telephone, or documents (including electronic documents; the same hereinafter).

Article 17(Matters to be Observed by Certified Business Operators) #

① In accordance with Article 22 (1) of the Act, any certified business operator, by January 20 each year, shall complete Form 10 regarding the production, manufacture/processing, or handling performance of certified products for the previous year and submit it to the Director of the National Fishery Products Quality Management Service or the head of the certifying body or register it on the certification management information system under Article 53 of the Act (hereinafter "certification management information system").

② Certified business operators, in accordance with Article 22 (2) of the Act, shall store data or documents regarding the use of materials and ingredients and data or documents regarding the production, manufacture/processing, or handling performance of certified products for two years from the year following the year of production.

Article 18(Labeling of Organic Foods) #

① Standards for mark or text indicating organic food or similar under the former part of Article 23 (1) of the Act (hereinafter "organic label") shall be as set out in Schedule 5.

② Any certified business operator who intends to use an organic label pursuant to paragraph 1 shall indicate the name of the certified business operator or business, telephone number, address of the packaging site, certificate number, name of the certifying body, and producer together with the organic label directly on the certified product or on the packaging, container, delivery statement, invoice, warranty certificate, etc. (hereinafter "packaging, etc.") according to the method for displaying certification information of organic foods set out in Schedule 6 in a manner that is easily noticeable by consumers. However, where the product is sold without packaging or sold in single units, the organic label may be displayed on a board sign or signpost according to the method for displaying certification information of organic foods set out in Schedule 6.

③ Restricted organic labeling requirements according to organic fishery product content under Article 23 (3) of the Act shall be as set out in Schedule 7.

④ Detailed matters regarding organic labels under the provisions of paragraphs 1 through 3 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 19(Standards and Procedures for Cancellation and Other Disposition of Certification) #

Standards, procedures, and other detailed criteria for certificate cancellation, removal/termination of certification labels, and other administrative disposition under Article 24 (1) of the Act shall be as set out in Schedule 8.

Article 20(Requirements for Recognition of Equivalence of Organic Processed Foods) #

① Requirements for recognition of equivalence under Article 25 (1) of the Act shall be as follows.

1. Permitted substances under Article 3 (1)

2. Organic food certification requirements under Article 9

3. Certification assessment procedures under Article 11

4. Designation criteria of certifying bodies under Article 27

5. Follow-up management of certified products and certified business operators under Article 35

② Detailed matters regarding requirements for recognition of equivalence under paragraph 1 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

[Enforcement date: Jan. 1, 2014] Article 20

Article 21(Procedures for Recognition of Equivalence of Organic Processed Foods) #

① Any foreign government, in order to receive recognition of equivalence from Korea under Article 25 (1) of the Act regarding organic processed food certification enforced in its own country, shall submit an application to the Director of the National Fishery Products Quality Management Service accompanied by documents, etc. verifying that the certification system of the country meets or exceeds the requirements for recognition of equivalence under Article 20.

② The Director of the National Fishery Products Quality Management Service shall verify whether the certification system of the country applying under paragraph 1 meets or exceeds the requirements for recognition of equivalence under Article 20, and report to the Oceans and Fisheries Minister on the results thereof.

③ The Oceans and Fisheries Minister, where verification under paragraph 2 results in recognition of equivalence, may sign an agreement on recognition of equivalence with the government of the country concerned based on the principle of reciprocity.

④ Detailed matters regarding the method and procedure, etc. of equivalence verification under paragraph 2 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

[Enforcement date: Jan. 1, 2014] Article 21

Article 22(Scope of Items Eligible for Recognition of Equivalence) #

The exact scope of organic processed foods for which equivalence may be recognized under Article 25 (1) of the Act shall be determined by the Oceans and Fisheries Minister through discussion with the government of the country applying for recognition of equivalence.

[Enforcement date: Jan. 1, 2014] Article 22

Article 23(Responsibilities and Follow-up Management of Countries Recognized for Equivalence) #

① The government of any country recognized for equivalence under Article 25 (1) of the Act shall manage organic processed foods exported to Korea to ensure they meet the requirements for recognition of equivalence.

② The Director of the National Fishery Products Quality Management Service may investigate whether organic processed foods distributed in Korea after receiving recognition for equivalence (hereinafter "recognized products") meet the organic food certification requirements pursuant to Article 9.

③ The Director of the National Fishery Products Quality Management Service, in the event that an investigation under paragraph 2 finds that any recognized product does not meet the organic food certification requirements pursuant to Article 9, may apply Article 24 (1) and Article 31 (4) of the Act regarding the product concerned in accordance with the provisions of the agreement on recognition of equivalence under Article 21 (3) to remove/terminate/change the certification label, prohibit the sale of the certified product, order the details of the label to be changed, or impose other corrective action, and may request the Oceans and Fisheries Minister to take necessary action regarding the agreement on recognition of equivalence.

[Enforcement date: Jan. 1, 2014] Article 23

Article 24(Announcement of Recognition of Equivalence) #

The Oceans and Fisheries Minister and the Director of the National Fishery Products Quality Management Service, where an agreement on recognition of equivalence is signed under Article 21 (3), shall immediately announce each of the following on the internet websites of the Ministry of Oceans and Fisheries and the National Fishery Products Quality Management service under Article 25 (2) of the Act.

1. Country name

2. Scope of recognition (region, item, certifying body, scope, etc.)

3. Valid term of recognition of equivalence

4. Entire agreement on recognition of equivalence, including restrictions

[Enforcement date: Jan. 1, 2014] Article 24

Article 25(Organic Labels for Recognized Products) #

Organic labels of recognized products under Article 25 (1) of the Act shall be in accordance with Article 18.

[Enforcement date: Jan. 1, 2014] Article 25

Article 26(Application for Certifying Body Designation) #

① The Director of the National Fishery Products Quality Management Service, in order to designate certifying bodies under Article 26 (1) of the Act, shall announce the application period and other matters regarding certifying body designation for the year concerned by January 31 of the year concerned.

② Any entity that wishes to be designated a certifying body shall attach each of the following documents to the Application for Certifying Body Designation form set out in Form 11 and submit them to the Director of the National Fishery Products Quality Management Service.

1. A business plan stating the scope, etc. of certification services

2. Documents to verify that the entity meets the requirements for certifying body designation under Article 27

Article 27(Certifying Body Designation Requirements) #

① Certifying body designation requirements under Article 26 (1), (3), and (6) of the Act shall be as set out in Schedule 9.

② Detailed matters regarding certifying body designation requirements under paragraph 1 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 28(Scope of Organic Food Certification Services) #

The scope of certification services of certifying bodies under Article 26 (6) of the act shall be as follows.

1. Scope of certification services according to certification type

A. Certification of entities that produce and handle organic fishery products

B. Certification of entities that manufacture/produce and handle organic processed foods

2. Scope of certification services according to region of certification: Certification corresponding to each item under paragraph 1 taking place in Korea. In this case, regions of certification shall be determined in national or specific regional units.

Article 29(Assessment for Certifying Body Designation, etc.) #

① The Director of the National Fishery Products Quality Management Service, upon receiving any application for certifying body designation under Article 26 (2), shall formulate an assessment plan, notify the applicant, and conduct the assessment according to the assessment plan.

② The Director of the National Fishery Products Quality Management Service, where the results of assessment under paragraph 1 meet the requirements for designation under Article 27, shall make the certifying body designation and issue a Statement of Certifying Body Designation set out in Form 12.

③ The Director of the National Fishery Products Quality Management Service, when a certifying body has been designated under paragraph 2, shall announce each of the following on the internet website of the National Fishery Products Quality Management Service.

1. Name, staff, and representative of the certifying body

2. Address of the main office and regional offices

3. Scope of certification services and certification regulations

4. Designation number and designation date of the certifying body

④ Detailed matters regarding the designation assessment procedure other than the matters prescribed in paragraphs 1 through 3 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 30(Procedure for Renewal of Certifying Body Designation) #

① The head of any certifying body that intends to renew certifying body designation under Article 26 (3) of the Act shall attach each of the following documents to the Application for Renewal of Certifying Body Designation form set out in Form 11 and submit them to the Director of the National Fishery Products Quality Management Service at least three months prior to the expiration of the certifying body designation.

1. A business plan stating the scope of certification services, etc.

2. Documents to verify that the entity meets the requirements for certifying body designation under Article 27

3. Statement of certifying body designation

② The Director of the National Fishery Products Quality Management Service, upon receiving any application for renewal of certifying body designation under paragraph 1, shall assess whether the certifying body concerned meets the requirements for certifying body designation under Article 27 to determine whether the designation will be renewed. Procedures, etc. for renewal of certifying body designation shall be in accordance with Article 29.

③ The Director of the National Fishery Products Quality Management Service, at least four months prior to the expiration of any certifying body designation, shall notify the head of the certifying body in advance of the renewal procedure and of the fact that the designation cannot be renewed unless it is renewed before the corresponding deadline.

④ The notification pursuant to paragraph 3 may be made through such media as mobile text messaging, e-mail, fax, telephone, or documents.

Article 31(Declaration of Change in Certifying Body Designation Details, etc.) #

① The heads of certifying bodies, where changes are made to any one of the following, shall attach documents that can verify the change in designation details to the Declaration of Change in Certifying Body Designation form set out in Form 13 and submit them to the Director of the National Fishery Products Quality Management Service under Article 26 (5) of the Act within one month of the date of change.

1. Name, staff, and representative of certifying body

2. Address of the main office and regional offices

② The heads of certifying bodies, in order to make changes to any one of the following, shall attach documents to verify that the changes meet the requirements for certifying body designation to the Application for Change in Certifying Body Designation form set out in Form 13 and submit them to the Director of the National Fishery Products Quality Management Service under the proviso of Article 26 (5) of the Act.

1. Scope of certification services

2. Certification services regulations

③ The Director of the National Fishery Products Quality Management Service, upon receiving any Declaration for Change in Certifying Body Designation form under paragraph 1 or approving any change under paragraph 2, shall apply the changes and issue a Statement of Certifying Body Designation set out in Form 12.

Article 32(Matters to be Observed by Certifying Bodies, etc.) #

① The Director of the National Fishery Products Quality Management Service or the heads of certifying bodies, under Article 27 (3) of the Act, shall store certification application forms and attached documents, certification assessment reports and assessment materials, and follow-up service materials regarding certified business operators for two years after the expiration of the certification under Article 21 (1) of the Act.

② Where the designation of a certifying body is canceled, certifying body designation expires, or a certifying body closes down, the materials and documents to be stored under paragraph 1 and any follow-up service fees paid shall be submitted to the Director of the National Fishery Products Quality Management Service within one month of the date of cancellation of designation, date of expiration, or date of closure: Provided, this shall not apply where the materials/documents and follow-up service fees paid have been returned to the certified business operator under the latter part of Article 16 (2).

③ The heads of certifying bodies, when reporting on the results of certification, follow-up services, etc. under Article 27 (4) of the Act, shall do so by registration on the certification management information system.

④ The Director of the National Fishery Products Quality Management Service or the heads of certifying bodies, under Article 27 (5) of the Act, shall observe the certification assessment procedure and method prescribed in Article 11 (2) to conduct random inspections on certified business operators who correspond to any one of the following, and record and manage the results thereof.

1. A certified business operator who has been reported, petitioned against, or brought to attention due to violation of certification requirements

2. A certified business operator who has been subject to administrative disposition under Article 24 (1) or the former part of Article 31 (4) of the Act within the past six months

Article 33(Declaration of Suspension/Closure of Certification Services) #

① In accordance with Article 28 of the Act, where a certifying body intends to suspend or close down all or a part of certification services, the Declaration of Certifying Body Suspension (Closure) form set out in Form 14, accompanied by the Statement of Certifying Body Designation, shall be submitted to the Director of the National Fishery Products Quality Management Service at least one month prior to the suspension or closure.

② The Director of the National Fishery Products Quality Management Service, upon receiving any declaration of suspension (closure) under paragraph 1, shall announce the fact thereof on the internet website of the National Fishery Products Quality Management Service.

③ The head of the certifying body, when the declaration of suspension (closure) under paragraph 1 has been received, shall notify any certified business operators with a valid certification from the certifying body of the fact thereof within seven days through such media as mobile text messaging, e-mail, fax, telephone, or documents.

Article 34(Detailed Criteria for Cancellation of Certifying Body Designation, etc.) #

Detailed criteria for administrative disposition regarding certifying bodies under Article 29 (1) of the Act shall be as set out in Schedule 10.

Article 35(Follow-up Management of Certified Products and Certified Business Operators) #

① The types of inspections that the Director of the National Fishery Products Quality Management Service may conduct on certified products and certified business operators under Article 31 (1) of the Act are as follows,

1. Regular inspections conducted by selecting a number of certified product vendor shops or business site of the certified business operators

2. Unscheduled inspections conducted upon receiving reports of violation by a specific business

3. Special inspections conducted when deemed necessary by the Director of the National Fishery Products Quality Management Service

② Matters for inspection under paragraph 1 shall be as follows.

1. Residue verification inspection to check whether certified products meet certification requirements

2. Document inspection and field inspection regarding whether the production, manufacture/processing, or handling procedures of certified products meet certification requirements

③ The frequency of regular inspections under paragraph 1, subparagraph 1 and matters necessary for special inspections under subparagraph 3 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 36(Criteria for Certification Label Removal and Other Disposition) #

Detailed criteria for the removal/termination/modification of the certification labels of certified products, prohibition of the sale of certified products, modification of label details, and other administrative disposition under Article 31 (4) of the Act shall be as set out in Schedule 8.

Article 37(Succession of Certified Business Operator and Certifying Body Status) #

① Any person who succeeds certified business operator status under Article 33 (1) of the Act shall attach each of the following documents to the Declaration of Certified Business Operator Succession form set out in Form 15 and submit them to the Director of the National Fishery Products Quality Management Service or the head of the certifying body who conducted the certification assessment within one month of succeeding the status.

1. Certified Product Production Plan set out in Form 4 or Certified Product Manufacture/Processing and Handling Plan set out in Form 5

2. Materials to verify the succession

3. Certificate received upon succession

② The Director of the National Fishery Products Quality Management Service or the heads of certifying bodies, upon receiving any Declaration of Certified Business Operator Succession under paragraph 1, shall issue the certificate set out in Form 7 or the certificate set out in Form 8.

③ Any person who succeeds certifying body status under Article 33 (1) of the Act shall attach each of the following documents to the Declaration of Certifying Body Succession set out in Form 16 and submit them to the Director of the National Fishery Products Quality Management Service within one month of succeeding the status.

1. A business plan stating the scope, etc. of certification services

2. Documents to verify that the entity meets the requirements for certifying body designation under Article 27

3. Materials to verify certifying body succession

4. Statement of Certifying Body Designation received upon succession

④ The Director of the National Fishery Products Quality Management Service, upon receiving any declaration of succession under paragraph 1 or paragraph 3, shall check the Certificate of Corporate Register through sharing of administrative information under Article 36 (1) of the Electronic Government Act.

⑤ The Director of the National Fishery Products Quality Management Service, upon receiving any Declaration of Certifying Body Succession under paragraph 3, shall announce each of the matters under Article 29 (3) on the internet website of the National Fishery Products Quality Management Service.

Article 38(Eligibility for Certification of Non-antibiotic Fishery Products, etc.) #

① Eligibility for certification of non-antibiotic fishery products, etc. under Article 34 (2) of the Act shall be as follows.

1. An individual who corresponds to any one of the following

A. An individual who produces non-antibiotic fishery products: Provided, that the individual produces farmed fishery products other than seaweeds.

B. An individual who produces non-activator fishery products: Provided, that the individual produces farmed fishery products classified as seaweeds (including cases where the seaweeds are simply cut, dried, preserved in salt, fermented, heated without using food additives or other ingredients, or otherwise put through other simple processing).

2. An individual who handles products that correspond to any one of the items of subparagraph 1

② Detailed matters regarding eligibility for certification under paragraph 1 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 39(Certification Requirements for Non-antibiotic Fishery Products, etc.) #

① Certification requirements necessary for the production or handling of non-antibiotic fishery products, etc. under Article 34 (2) of the Act shall be as set out in Schedule 11.

② Detailed matters regarding certification requirements pursuant to paragraph 1 shall be as determined and prescribed by the Director of the National Fishery Products Quality Management Service.

Article 40(Application for Certification of Non-antibiotic Fishery Products, etc.) #

① Any application for certification, assessment and reassessment, approval of modification of certification, certification renewal and extension of validity, matters to be observed by certified business operators, etc. under Article 34 (4) of the Act shall be in accordance with Articles 10 through 17. In this case, "organic foods" shall be regarded as "non-antibiotic fishery products, etc."

② Standards, procedures, and other detailed criteria for certificate cancellation, termination of certification labels, and other administrative disposition under Article 34 (4) of the Act shall be as set out in Schedule 8.

Article 41(Follow-up Management of Certified Products and Certified Business Operators, etc.) #

Follow-up management of certified products and certified business operators, succession of certified business operator or certifying body status, etc. under Article 34 (5) of the Act shall be in accordance with Articles 35 through 37. In this case, "organic foods" shall be regarded as "non-antibiotic fishery products, etc."

Article 42(Scope of Certification Services for Non-antibiotic Fishery Products, etc.) #

The scope of certification services of certifying bodies for non-antibiotic fishery products, etc. under Article 35 (1) of the Act shall be as follows.

1. Scope of certification services according to certification type: Certification of entities that produce and handle non-antibiotic fishery products, etc.

2. Scope of certification services according to region of certification: Certification under paragraph 1 taking place in Korea. In this case, regions of certification shall be determined in national or specific regional units.

Article 43(Designation of Certifying Bodies for Non-antibiotic Fishery Products, etc.) #

The designation/renewal/change in designation of certifying bodies, matters to be observed by certifying bodies, suspension/closure of certification services, cancellation of certifying body designation, etc. under Article 35 (2) of the Act shall be in accordance with the provisions of Articles 26 through 34. In this case, "organic foods" shall be regarded as "non-antibiotic fishery products, etc."

Article 44(Labeling Requirements for Non-antibiotic Fishery Products, etc.) #

① Standards for mark or text indicating non-antibiotic fishery products, etc. under Article 36 (1) of the Act (hereinafter "non-antibiotic label, etc.") shall be as set out in Schedule 12.

② The method of non-antibiotic labeling, etc. under paragraph 1 and other detailed matters shall be in accordance with Article 18 (2) through (4). In this case, "organic label" shall be regarded as "non-antibiotic label, etc."

Article 45(Certification Management Information System Establishment and Operation) #

The Director of the National Fishery Products Quality Management Service may provide each of the following information to consumers regarding certification of organic food and non-antibiotic fishery products, etc. through the certification management information system.

1. Name, contact details, certification number, certification validity, and certified items of the certified business operator

2. Name, certification number, and certified items of persons corresponding to the following

A. An individual who has been subject to certificate cancellation or the removal or termination of certification labels under Article 24 of the Act

B. An individual who has been subject to removal/termination/modification of the certification labels of certified products, prohibition of the sale of certified products, modification of label details, etc. under Article 31 (4) of the Act

3. Name, address and contact details for the main office and regional offices, and scope of certification services of the certifying body

4. Name of any certifying body that has been subject to cancellation of designation or whole or partial suspension of services under Article 29 of the Act, and details on the administrative disposition thereof

Article 46(Fees) #

① Fees under Article 56 (3) of the Act shall be as set out in Schedule 13.

② Application fees shall be paid using revenue stamps, and call-out fees may be paid in cash: Provided, the method of fee payment regarding certifying bodies shall be as prescribed by the certifying body concerned.

③ Payments under paragraph 1 may be made in the form of electronic currency/electronic transaction using an information communication network.

Article 47(Designation of Entrusted Private Organizations) #

The Oceans and Fisheries Minister, when designating the head of a private organization relevant to environment-friendly fisheries to be entrusted with services under Article 5 (6) of the Decree, shall designate from among organizations that meet each of the following requirements.

1. An organization equipped with technology and capabilities that can contribute to the advancement of the production, distribution, and export of organic foods or environment-friendly fishery products

2. A corporation with at least three years of active experience in production, distribution, export, training, etc. in the field of environment-friendly fisheries