FOOD SANITATION ACT

Wholly Amended by Act No. 9432, Feb.   6, 2009

Amended by Act No. 9692, May 21, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10022, Feb.   4, 2010

Act No. 10191, Mar. 26, 2010

Act No. 10219, Mar. 31, 2010

Act No. 10310, May 25, 2010

Act No. 10787, jun.   7, 2011

Act No. 11000, Aug.   4, 2011

Act No. 11048, Sep. 15, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11819, May 22, 2013

Act No. 11873, jun.   7, 2013

Act No. 11985,  Jul. 30, 2013

Act No. 11986,  Jul. 30, 2013

Act No. 11998, Aug.   6, 2013

Act No. 12496, Mar. 18, 2014

Act No. 12719, May 28, 2014

Article 1 (Purpose)

The purpose of this
Act is to contribute to the improvement of public health by preventing sanitary
risk caused by foods, promoting the qualitative improvement of food nutrition
and giving accurate information on foods.

Article 2 (Definitions)

The terms used in
this Act shall be defined as follows: 10787, Jun, 7, 2011; Act No. 11819, May 22, 2013; Act No. 11986, Jul. 30, 2013>

1. The term "foods" means all types of foods and beverages
(excluding foods and beverages taken as medicine);

2. The term "food additives" means materials added to or
mixed with foods or materials used for wetting foods in course of
manufacturing, processing or preserving foods. In such cases, the food
additives shall include materials used in sterilizing or disinfecting
apparatus, containers or packages, which may be transmitted to foods in an
indirect manner;

3. The term "chemical synthetics" means materials obtained
by chemical reactions, other than a degradation reaction to elements or
compounds through chemical means;

4. The term "apparatus" means machines or utensils which
come into direct contact with foods or food additives, or other goods
(excluding machines, utensils or other goods used for collecting foods in
agriculture or fisheries), and which fall under any of the following:

(a) Goods used for eating foods or packing foods;

(b) Goods used for collecting, manufacturing, processing, cooking,
storing, subdividing (referring to dividing complete products and repackaging
such products for distribution; hereinafter the same shall apply), transporting
or displaying foods or food additives;

5. The term "containers and packages" means goods used for
packing or wrapping foods or food additives, which are delivered with foods and
food additives;

6. The term "risk" means harmful factors existing in
foods, food additives, apparatus, containers or packages, which cause or are
likely to cause risk on human bodies;

7. The term "labels" means characters, figures or diagrams
labelled on foods, food additives, apparatus, containers or packages;

8. The term "nutrition labelling" means labelling of
nutrition information, such as the quantity of nutrients contained in foods;

9. The term "business" means collecting, manufacturing,
importing, processing, cooking, storing, subdividing, transporting or selling
foods or food additives, or manufacturing, importing, transporting or selling
(excluding business of collecting foods belonging to the agriculture or fishery
industry) apparatus, containers or packages;

10. The term "business operator" means a person who has
obtained a business license under Article 37 (1), who has filed business
notification under Article 37 (4), or who has made business registration under
paragraph 5 of the same Article;

11. The term "food sanitation" means sanitation related to
foods, food additives, apparatus, containers or packages;

12. The term "meal service facilities" means facilities
that provide meals to many and specified persons without seeking profits, which
are cafeterias of the following facilities, and which are prescribed by
Presidential Decree:

(a) Dormitories;

(b) Schools;

(c) Hospitals;

(d) Social welfare facilities under subparagraph 4 of Article 2 of
the Social Welfare Services Act;

(e) Industrial enterprises;

(f) The State, local governments, and public institutions under
Article 4 (1) of the Act on the Management of Public Institutions;

(g) Other welfare institutions, etc.;

13. The term "food traceability" means following up foods
that show safety issues and managing such foods to investigate the causes of
safety problems and take necessary measures by recording and managing
information on foods at each stage of production, importation, processing and
distribution;

14. The term "food poisoning" means an infectious or toxic
disease that breaks out or is deemed to have broken out by any microbe or toxic
substance harmful to the human body as a consequence of taking in food;

15. The term "menu of a meal service facility" means a
meal serving plan prepared in consideration of the names, ingredients,
nutritional contents, preparation methods, preparation personnel of foods according
to the nutrition standards for groups that will have the meals.

Article 3 (Handling Foods, etc.)

(1) Any person
shall collect, manufacture, process, use, cook, store, subdivide, transport or
display foods or food additives for the purpose of sale (including offering
such foods or food additives to many, unspecified persons for purposes, other
than sale; hereinafter the same shall apply) in a clean and sanitary manner.

(2) Apparatus,
containers and packages used for business purpose shall be handled cleanly and
sanitarily.

(3) Criteria for
sanitary handling of foods, food additives, apparatus, containers or packages
(hereinafter referred to as "food, etc.") as referred to in
paragraphs (1) and (2) shall be determined by Ordinance of the Prime Minister. Mar. 23, 2013>

Article 4 (Prohibition against Sale, etc. of Harmful Foods, etc.)

No one shall sell,
collect, manufacture, import, process, use, cook, store, subdivide, transport
or display any of the following foods, etc. for the purpose of sale:

1. Rotten, stale or unripe foods, which are likely to harm a human
body;

2. Foods which contain or are likely to contain poisonous or harmful
substances, or are smeared or are likely to be smeared with such substances:
Provided, That foods that are deemed not to cause any harm to a human body by
the Minister of Food and Drug Safety are excluded herefrom;

3. Foods that are or may be contaminated with microbes causing
diseases, which are likely to cause harm to a human body;

4. Foods that are likely to harm a human body due to their
uncleanness, other substances mixed with or added to such foods or other
grounds;

5. Foods which have failed to undergo safety evaluation, among
agricultural, livestock or fishery products subject to safety evaluation under
Article 18 or foods that are deemed to be inedible as a result of safety
evaluation;

6. Foods, the import of which is prohibited, or foods imported
without making an import declaration under Article 19 (1);

7. Foods that are manufactured, processed or subdivided by persons,
other than business operators.

Article 5 (Prohibition against Sale, etc. of Meat, etc. Affected by
Diseases)

No one shall sell,
as food, meat, bones, milk, organs or blood of animals which have contracted or
are likely to contract diseases prescribed by Ordinance of the Prime Minister
or animals which died of such diseases, or collect, import, process, use, cook,
store, subdivide, transport or display them for the purpose of sale. Mar. 23, 2013>

Article 6 (Prohibition against Sale, etc. of Chemical Synthetics,
etc., Standards and Specifications for which are not Publicly Announced)

No one shall engage
in any of the following acts: Provided, That the same shall not apply to cases
that are deemed not to cause any harm to a human body by the Minister of Food
and Drug Safety through a deliberation by the Food Sanitation Deliberation
Committee under Article 57 (hereinafter referred to as the "Deliberation
Committee"): 23, 2013>

1. Using additives that are chemical synthetics, the standards and
specifications for which are not publicly announced under Article 7 (1) and
substances containing such chemical synthetics as food additives;

2. Selling foods containing food additives under subparagraph 1 or
manufacturing, importing, processing, using, cooking, storing, subdividing,
transporting or displaying such foods for sale.

Article 7 (Standards and Specifications concerning Foods or Food
Additives)

(1) The Minister
of Food and Drug Safety shall determine and publicly announce the following
matters concerning foods or food additives for sale, if necessary for public
health: Provided, That in cases of materials that may be indirectly transmitted
to foods when used for sterilizing or disinfecting apparatus, containers or
packages, among food additives, only the ingredients thereof may be publicly
announced: 23, 2013>

1. Standards for manufacturing, processing, using, cooking or
storing foods or food additives;

2. Specifications for ingredients of foods or food additives.

(2) The Minister
of Food and Drug Safety may require a person who manufactures or processes
foods or food additives (excluding additives which are chemical synthetics
directly used for foods), the standards and specifications of which are not
publicly announced pursuant to paragraph (1), to submit matters under each
subparagraph of paragraph (1), and recognize such matters as the standards and
specifications of such foods or food additives, until the standards and
specifications under paragraph (1) are publicly announced, subject to the
review by an institution specializing in food testing and inspection designated
by the Minister of Food and Drug Safety pursuant to Article 6 (3) 1 of the Act on
Testing and Inspection in the Food and Drug Industry or by a testing and
inspection institution prescribed by Presidential Decree pursuant to the
proviso to paragraph (4) of the aforementioned Article. Jul. 30, 2013>

(3)
Notwithstanding paragraphs (1) and (2), the standards and specifications for
foods or food additives to be exported may follow the standards and
specifications stipulated by importers.

(4) Foods or food
additives, the standards and specifications for which are determined under
paragraphs (1) and (2) shall be manufactured, imported, processed, used, cooked
or preserved in accordance with such standards, and no one shall sell foods or
food additives, which fail to meet such standards and specifications, or
manufacture, import, process, use, cook, store, subdivide, transport, preserve
or display such foods or food additives for sale.

Article 7-2 (Illustrations of Recommended Specifications, etc.)

(1) Where the
Minister of Food and Drug Safety deems that foods, etc. for sale, for which
standards and specifications mentioned in Articles 7 and 9 have not been
determined, might cause harm to the national health and thus require
preventative measures, he/she may present specifications for recommending safe
management of the allegedly harmful ingredients, etc. (hereinafter referred to
as "recommended specifications) until the relevant standards and
specifications are determined. 11690, Mar. 23, 2013>

(2) The Minister
of Food and Drug Safety shall present recommended specifications pursuant to
paragraph (1) in consideration of the specifications stipulated by the Codex
Alimentarius Commission and other countries as well as similar ingredients, the
specifications for which have already established in other foods, etc., subject
to deliberation by the Deliberation Committee. by Act No. 11690, Mar. 23, 2013>

(3) The Minister
of Food and Drug Safety may require business operators to comply with the recommended
specifications under paragraph (1); where any business operator fails to comply
therewith, he/she may disclose such fact. by Act No. 11690, Mar. 23, 2013>

Article 7-3 (Request, etc. for Establishment of Residue Limit
Standards of Pesticides, etc.)

(1) Any person
who needs the establishment of residue limit standards of pesticides under the
Pesticide Control Act that remain on or in food, or veterinary drugs under the
Pharmaceutical Affairs Act shall file an application with the Minister of Food
and Drug Safety.

(2) Any person
who intends to establish residue limit standards of pesticides on imported food
and veterinary drugs may request the Minister of Food and Drug Safety to
establish such standards by submitting related data.

(3) Where the
Minister of Food and Drug Safety establishes residue limit standards in
accordance with a request under paragraph (1), he/she may request the heads of
related administrative agencies to provide cooperation, such as the provision
of data. In such cases, the heads of related administrative agencies who have
received a request shall comply therewith unless extenuating circumstances
exist.

(4) Detailed
matters concerning procedures and methods for filing an application, the scope
of data to be submitted, etc. under paragraphs (1) and (2) shall be prescribed
by Ordinance of the Prime Minister.

Article 7-4 (Management Plans, etc. of Standards and Specifications
of Foods, etc.)

(1) The Minister
of Food and Drug Safety may formulate and promote a master plan for management
of standards and specifications of foods, etc. (hereinafter referred to as
"management plan") every five years, subject to consultations with
the heads of related central administrative agencies and deliberation by the
Food Sanitation Deliberative Committee under Article 57.

(2) A management
plan shall include the following:

1. Basic objectives and directions for implementation of the
management of standards and specifications of foods, etc.;

2. Evaluation of the amount of exposure of foods, etc. to harmful
substances;

3. A plan for appropriate management of the total amount of exposure
of foods, etc. to harmful substances;

4. Matters concerning reevaluation of standards and specifications
of foods, etc.;

5. Other necessary matters concerning the management of standards
and specifications of foods, etc.

(3) In order to
implement a management plan, the Minister of Food and Drug Safety shall
formulate an action plan for management of standards and specifications of
foods, etc. (hereinafter referred to as "action plan") every year in
consultation with the heads of related central administrative agencies.

(4) When
necessary to formulate and implement a management plan and an action plan, the
Minister of Food and Drug Safety may request the heads of related central
administrative agencies and local governments to provide cooperation. In such
cases, the heads of related central administrative agencies, etc. that are
requested to provide cooperation shall comply therewith unless extenuating
circumstances exist.

(5) The types of
harmful substances subject to the evaluation and management of the amount of
exposure included in a management plan, and matters necessary for the
formulation, implementation, etc. of a management plan and an action plan shall
be prescribed by Ordinance of the Prime Minister.

Article 7-5 (Reevaluation, etc. of Standards and Specifications of
Foods, etc.)

(1) The Minister
of Food and Drug Safety shall reevaluate standards and specifications
pertaining to foods, etc. in accordance with a management plan in a periodic
manner.

(2) Necessary
matters concerning objects, methods of and procedures for reevaluation under
paragraph (1) shall be prescribed by Ordinance of the Prime Minister.

Article 8 (Prohibition against Sale and Use of Poisonous Apparatus,
etc.)

No one shall sell
apparatus, containers or packages containing or tainted with poisonous or
harmful materials, which are likely to cause harm to human bodies, or
apparatus, containers or packages, which cause harm to human bodies when they
are in contact with foods or food additives, or manufacture, import, store,
transport, display such apparatus, containers or packages for sale or use them
for business.

Article 9 (Standards and Specifications concerning Apparatus,
Containers and Packages)

(1) The Minister
of Food and Drug Safety shall determine and publicly announce the following
matters concerning apparatus, containers and packages sold or used for
business, when necessary for public health: by Act No. 11690, Mar. 23, 2013>

1. Standards for manufacturing methods;

2. Specifications for apparatus, containers, packages and the raw
materials thereof.

(2) The Minister
of Food and Drug Safety may require a manufacturer or processor of apparatus,
containers or packages, the standards and specifications for which are not
publicly announced under paragraph (1), to submit matters falling under each
subparagraph of paragraph (1), and recognize such matters as the standards and
specifications for the relevant apparatus, containers and packages, until the
standards and specifications under paragraph (1) are publicly announced,
subject to the review by an institution specializing in food testing and
inspection designated by the Minister of Food and Drug Safety pursuant to
Article 6 (3) 1 of the Act on Testing and Inspection in the Food and Drug
Industry or by a testing and inspection institution prescribed by Presidential
Decree pursuant to the proviso to paragraph (4) of the aforementioned Article. Jul. 30, 2013>

(3)
Notwithstanding paragraphs (1) and (2), the standards and specifications for
apparatus, containers and packages to be exported may follow the standards and
specifications stipulated by importers.

(4) Apparatus,
containers and packages, the standards and specifications for which are
determined under paragraphs (1) and (2), shall be manufactured, in accordance
with such standards, and no one shall sell apparatus, containers and packages
that fail to meet such standards and specifications, or manufacture, import,
store, transport, display such apparatus, containers and packages for sale or
use them for business.

Article 10 (Standards for Labeling)

(1) The Minister
of Food and Drug Safety may determine and publicly announce standards for the
following labels, when necessary for public health: by Act No. 11690, Mar. 23, 2013>

1. Labels of foods or food additives for sale;

2. Labels of apparatus, containers and packages, the standards and
specifications for which are determined under Article 9 (1);

3. Deleted. 7, 2011>

(2) No one shall
sell foods, etc., the labelling standards for which are determined under
paragraph (1), or import, display or transport such foods, etc. for sale, or
use them for business, when they fail to be labelled in accordance with such
standards.

Article 11 (Food Nutrition Labelling)

(1) The Minister
of Food and Drug Safety may determine and publicly announce standards for the
nutrition labelling of foods prescribed by Ordinance of the Prime Minister. Mar. 23, 2013>

(2) When a person
who engages in manufacturing, processing, subdividing or importing foods sells,
imports, displays, transports or uses for business foods, he/she shall comply
with standards for nutrition labelling determined under paragraph (1).

(3) The Minister
of Food and Drug Safety shall provide education and publicity to enable
nationals to utilize nutrition labelling under paragraph (1) in their dietary
life. 23, 2013>

Article 12 Deleted. 4, 2010>

Article 12-2 (Labelling of Genetically Modified Foods, etc.)

(1) Foods or food
additives that are manufactured or processed with agricultural, livestock or
marine products cultivated or bred by utilizing genetic engineering technologies,
such as taking useful genes from the genes of an organism and combining such
genes with those of another organism, as their main raw materials (hereinafter
referred to as "genetically modified foods, etc.), shall be labelled as
genetically modified foods.

(2) Genetically
modified foods, etc. that are required to be labelled pursuant to paragraph (1)
shall not be sold or imported, displayed, transported, or used for business for
sale, without labels.

(3) Matters
necessary for persons that are obliged to label, objects and methods for
labelling, etc. pursuant to paragraph (1) shall be determined by the Minister
of Food and Drug Safety. 11690, Mar. 23, 2013>

Article 12-3 (Deliberation on Labels and Advertisements)

(1) Any person
who intends to place a label or advertisement on foods prescribed by
Presidential Decree, such as infant foods and specially designed foods for
weight control, shall undergo deliberation according to the criteria, methods
and procedures for deliberation on food labels and advertisements as determined
by the Minister of Food and Drug Safety. by Act No. 11690, Mar. 23, 2013>

(2) The Minister
of Food and Drug Safety may entrust an institution or organization prescribed
by Presidential Decree with its duties concerning prior deliberation on food
labels and advertisements pursuant to paragraph (1). by Act No. 11690, Mar. 23, 2013>

Article 12-4 (Filing Objections with Regard to Deliberations on
Advertisements)

(1) Any person
dissatisfied with the results of deliberation under Article 12-3 (1) may file
an objection to the Minister of Food and Drug Safety within one month of the
date he/she is notified of the results of deliberation.

(2) Upon receipt
of an objection filed under paragraph (1), the Minister of Food and Drug Safety
shall review the case at issue through consultations with the Deliberation
Committee and notify the claimant of the results thereof.

(3) Matters necessary
for methods and procedures for, and operation of filing an objection pursuant
to paragraphs (1) and (2) shall be determined by the Minister of Food and Drug
Safety. 23, 2013>

Article 13 (Prohibition against False Labelling, etc.)

(1) No one shall
place any of the following false labels, exaggerated or slanderous
advertisements with regard to the names, manufacturing methods, quality,
nutrition facts, or the indication of food traceability, of foods, etc. or
offer exaggerated packaging. The same shall also apply to the nutritional
value, raw materials, ingredients or use of foods or food additives: Aug. 4, 2011>

1. Labels or advertisements that may lead to misconception or
confusion that such foods, etc. are valuable or effective in preventing or
treating diseases or that such foods, etc. are medicine or functional foods for
health;

2. Labels or advertisements that are not true or exaggerated;

3. Labels or advertisements that are likely to deceive or mislead
consumers;

4. Advertisements that slander other enterprises or their products;

5. Labels or advertisements that have not undergone deliberation
under Article 12-3 (1) or the details of which are different from those passed
a deliberation.

(2) The scope of
false labels, exaggerated advertisements, slanderous advertisements and exaggerated
packaging under paragraph (1) and other necessary matters shall be determined
by Ordinance of the Prime Minister. 9932, Jan. 18, 2010; Act No. 11000, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

Article 14 (Code of Foods, etc.)

The Minister of
Food and Drug Safety shall formulate and distribute the code of foods, etc.,
including the following standards: 11690, Mar. 23, 2013>

1. Standards and specifications of foods or food additives, which
are determined under Article 7 (1);

2. Standards and specifications of apparatus, containers or
packages, which are determined under Article 9 (1);

3. Labelling standards for foods, etc. which are determined under
Article 10 (1).

Article 15 (Risk Assessment)

(1) When foods, etc.
that are likely to cause a risk and has been known to contain harmful materials
in Korea and overseas, are suspected to fall under the category of foods, etc.
under Article 4 or 8, the Minister of Food and Drug Safety shall swiftly assess
the risk of such foods, etc. and determine whether such foods, etc. are
harmful. 23, 2013>

(2) The Minister
of Food and Drug Safety may temporarily prohibit business operators from
selling foods, etc., for which preventive measures are required for public
health, or collecting, manufacturing, importing, processing, using, cooking,
storing, subdividing, transporting or displaying such foods, etc. for sale
until risk assessment under paragraph (1) is completed: Provided, That he/she
shall take such prohibitive measures, when he/she deems that foods, etc. have
caused or are likely to cause imminent harm to public health.

(3) Where the
Minister of Food and Drug Safety intends to take temporary prohibitive measures
under paragraph (2), he/she shall undergo a prior deliberation and resolution
by the Deliberation Committee: Provided, That in urgent need of prohibitive
measures due to the probability of imminent harm to public health, he/she may
take such prohibitive measures, and then undergo a deliberation and resolution
by the Deliberation Committee. 11690, Mar. 23, 2013>

(4) When the
Deliberation Committee makes a deliberation under the main sentence of or
proviso to paragraph (3), it shall consider the opinions of interested persons
prescribed by Presidential Decree.

(5) The Minister
of Food and Drug Safety shall promptly cancel temporary prohibitive measures
under paragraph (2) taken against foods, etc. deemed not to cause a risk to public
health as a result of a risk assessment under paragraph (1) or ex post facto
deliberation and resolution of the Deliberation Committee under the proviso to
paragraph (3). 23, 2013>

(6) The scope,
methods or procedures for a risk assessment under paragraph (1) and other
necessary matters shall be prescribed by Presidential Decree.

Article 15-2 (Publication of Outcomes, etc. of Risk Assessment)

(1) The Minister
of Food and Drug Safety may publish matters concerning the results of a risk
assessment under Article 15. 11690, Mar. 23, 2013>

(2) Where certain
foods are suspected of causing a risk or publication of a risk-related fact is
scheduled and thus a risk assessment under Article 15 is required, the head of
a central administrative agency, a Special Metropolitan City Mayor, a
Metropolitan City Mayor, Do Governor or the Governor of a Special
Self-Governing Province (hereinafter referred to as "Mayor/Do
Governor"), the head of a Si/Gun/Gu (referring to the head of an
autonomous Gu; hereinafter the same shall apply), or the head of a public
institution prescribed by Presidential Decree shall inform in advance the
Minister of Food and Drug Safety of the fact and consult with him/her thereon.

(3) Matters
necessary for publication under paragraph (1), such as methods for publication,
shall be prescribed by Presidential Decree.

Article 16 (Request for Sanitary Inspection, etc. by Consumers,
etc.)

(1) Where more
than a specified number of consumers or consumer organizations prescribed by
Presidential Decree or testing and inspection institutions prescribed by
Ordinance of the Prime Minister among those under Article 6 of the Act on
Testing, Inspection, etc. in the Field of Foods and Pharmaceutical Drugs
request the Minister of Food and Drug Safety (including the head of an agency
under his/her authority prescribed by Presidential Decree; hereafter the same
shall apply in this Article), a Mayor/Do Governor or the head of a Si/Gun/Gu to
have access to, conduct an inspection, perform collection, etc. (hereinafter
referred to as "sanitary inspection, etc." in this Article) of foods,
etc. or business facilities pursuant to Article 22, he/she shall comply with
such request: Provided, That the foregoing shall not apply to any of the
following cases: 23, 2013; Act Nos. 11985 & 11986, Jul. 30, 2013>

1. Where the same consumer, consumer organization or testing and
inspection institution repeatedly requests the same sanitary inspection, etc.
for the purpose of obstructing the business operation of a specific business
operator;

2. Where the Minister of Food and Drug Safety, a Mayor/Do Governor
or the head of a Si/Gun/Gu deems that it is impossible to conduct a sanitary
inspection, etc., due to technology, facilities, financial resources or other
grounds.

(2) Where the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu complies with a request for sanitary inspection, etc. pursuant to
paragraph (1), he/she shall conduct a sanitary inspection, etc. within 14 days
and notify the consumer, consumer organization or testing and inspection
institution that has filed such request of the outcomes of the sanitary
inspection, etc., as prescribed by Presidential Decree, and post the said
outcomes on the Internet. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act Nos. 11985 & 11986,
Jul. 30, 2013>

(3) Requirements
or procedures for requests for sanitary inspections, etc. and other necessary
matters shall be prescribed by Presidential Decree.

Article 17 (Urgent Measures against Harmful Foods, etc.)

(1) When foods,
etc. sold or foods, etc. collected, manufactured, imported, processed, cooked,
stored, subdivided or transported (hereinafter referred to as
"manufacturing, sale, etc." in this Article) for sale fall under any
of the following subparagraphs, the Minister of Food and Drug Safety shall take
urgent measures against such foods, etc. and necessary measures: Mar. 23, 2013>

1. 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;

2. When foods, etc. have caused or are likely to cause serious risks
to public health, as prescribed by Presidential Decree.

(2) The details
of urgent measures under paragraph (1) shall include the following matters:

1. Types of the relevant foods, etc.;

2. Types and levels of risks to human health by the relevant foods,
etc.;

3. Matters concerning prohibitions against manufacturing, sale, etc.
under paragraph (3), when such prohibitions are needed;

4. Matters concerning education or publicity for consumers,
including taking urgent measures;

5. Other matters necessary for preventing a risk to foods, etc. or
stopping the spread thereof.

(3) The Minister
of Food and Drug Safety shall prohibit manufacturing, sale, etc. of foods,
etc., which are deemed to require urgent measures under paragraph (1), until
he/she confirms whether such foods, etc. are harmful. Mar. 23, 2013>

(4) No business
operator shall manufacture or sell foods, etc. under paragraph (3).

(5) When the
Minister of Food and Drug Safety intends to prohibit manufacturing, sale, etc.
under paragraph (3), he/she shall consider the opinions of interested persons
prescribed by Presidential Decree in advance. by Act No. 11690, Mar. 23, 2013>

(6) Any business
operator may request the Minister of Food and Drug Safety to cancel, fully or
partially, the relevant prohibition measures, as prescribed by Presidential
Decree, when he/she files an objection against prohibition measures under
paragraph (3). 23, 2013>

(7) The Minister
of Food and Drug Safety shall cancel, fully or partially, prohibition measures
under paragraph (3), when he/she deems that foods, etc. have not caused or are
not likely to cause a risk to public health. by Act No. 11690, Mar. 23, 2013>

(8) Where
information concerning foods deemed to cause or be likely to cause imminent
harm to public health shall be promptly notified to the public, and when it
falls under any of the requirements prescribed by Presidential Decree, the
Minister of Food and Drug Safety may request a broadcasting business operator
prescribed by Presidential Decree, who falls under subparagraph 3 of Article 2
of the Broadcasting Act, to quickly broadcast such information or request a key
telecommunications business operator prescribed by Presidential Decree, who
falls under Article 5 of the Telecommunications Business Act, to promptly send
a text or voice message that states such information to nationals.

(9) Upon receipt
of a request under paragraph (8), a broadcasting business operator or a key
telecommunications business operator shall comply with such request unless
extenuating circumstances exist to the contrary.

Article 18 (Safety Evaluation, etc. of Genetically Modified Foods,
etc.)

(1) The Minister
of Food and Drug Safety may order business operators who import, develop or
manufacture genetically modified foods, etc. as edible foods, etc. to undergo
safety evaluation of the relevant foods, etc., in cases prescribed by
Presidential Decree or in cases where a genetically modified food, etc. is
imported for the first time. 11690, Mar. 23, 2013>

(2) The Minister
of Food and Drug Safety shall establish the Safety Evaluation Data Examination
Committee (hereinafter referred to as the "Safety Evaluation Data
Examination Committee") at the Ministry of Food and Drug Safety, so as to
examine the safety evaluation of genetically modified foods, etc. under paragraph
(1). 23, 2013>

(3) Necessary
matters concerning the organization, functions or operation of the Safety
Evaluation Data Examination Committee shall be prescribed by Presidential
Decree.

(4) The subject
matters of safety evaluation under paragraph (1), the scope of data submitted
for safety evaluation and procedures for examination, etc. shall be determined
and publicly announced by the Minister of Food and Drug Safety.

Article 19 (Reporting, etc. on Imported Foods, etc.)

(1) Any person
who intends to import foods, etc. for sale or business shall report to the
Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime
Minister. 2010; Act No. 11690, Mar. 23, 2013>

(2) The Minister
of Food and Drug Safety shall order the relevant public officials or inspection
institutions to conduct necessary examination of foods, etc. that are reported
under paragraph (1), before customs clearance procedures are completed:
Provided, That he/she may allow apparatus, containers or packages to be
inspected after the customs clearance procedures are completed.

(3) Where foods,
etc. reported pursuant to paragraph (1) fall under any of the following
subparagraphs, the Minister of Food and Drug Safety may omit all or any part of
inspections, notwithstanding paragraph (2): by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013; Act No. 11985,
Jul. 30, 2013>

1. Where foods, etc. do not fall under harmful foods, etc. under
Articles 4 through 6 and 8 and meet standards, etc. under Articles 7, 9, 36 and
48, and are registered because the Minister of Food and Drug Safety has
confirmed in advance that they have not violated Article 13 (hereinafter
referred to as "prior confirmation and registration of imported foods,
etc.") (including cases where marine animals and plants are recognized by
the government of an exporting nation, but limited to cases where an exporting
nation recognizes the same system for marine animals and plants imported by the
Republic of Korea);

2. Where foods, etc. are inspected by an institution specializing in
food testing and inspection designated by the Minister of Food and Drug Safety
pursuant to Article 6 (3) 1 of the Act on Testing and Inspection in the Food
and Drug Industry, a testing and inspection institution prescribed by Ordinance
of Prime Minister pursuant to the proviso to paragraph (4) of the
aforementioned Article or an overseas testing and inspection institution under
Article 8 of the aforementioned Act, and its test report or test certificate is
submitted;

3. Where foods, etc. are imported by an excellent import business
registered pursuant to Article 20 (2);

4. Where matters correspond to those under subparagraphs 1 through
3, which fall under reasons prescribed by Ordinance of Prime Minister.

(4) Necessary
matters concerning the type, scope and methods of inspections under paragraphs
(2) and (3), and standards and procedures for prior confirmation and
registration of imported foods, etc. shall be prescribed by Ordinance of the
Prime Minister. 2010; Act No. 11690, Mar. 23, 2013>

(5) When a person
reports on original-equipment manufactured foods, etc. as described in Article
44 (5) pursuant to paragraph (1), he/she shall file a report to the Minister of
Food and Drug Safety on the ground for setting the expiration dates determined
according to the criteria that are set and publicly announced by the Minister
of Food and Drug Safety. The same shall also apply to revisions to important
matters prescribed by Ordinance of the Prime Minister. 11690, Mar. 23, 2013>

Article 19-2 (Agents, etc. for Reporting Imported Foods, etc.)

(1) Any person
who intends to import foods, etc. may have a person who has been registered
with the Minister of Food and Drug Safety among those prescribed by
Presidential Decree as a qualified person for the safe management of foods
(hereinafter referred to as "agent for reporting imported foods")
make an import declaration of foods, etc. under Article 19 (1).

(2) Procedures
for the registration of agents for reporting imported foods, education thereof,
and agency fees shall be prescribed by Ordinance of the Prime Minister.

(3) Where an
agent for reporting imported foods registered pursuant to paragraph (2)
corresponds to any of the following, the Minister of Food and Drug Safety may
revoke his/her registration or order him/her to suspend business for a
prescribed period of not more than six months: Provided, That where an agent
falls under subparagraph 1, the Minister of Food and Drug Safety shall revoke
his/her registration: 11690, Mar. 23, 2013; Act No. 11819, May 22, 2013; Act No. 11985, Jul. 30, 2013>

1. Where his/her registration is made by fraudulent or other illegal
means;

2. Where he/she continues to conduct business, in violation of an
order to suspend business;

3. Where he/she fails to fulfill the qualification requirements set
forth in paragraph (1);

4. Where it is verified that he/she has offered money, valuables or
other forms of entertainment to a public official in charge of business
concerning importation reports;

5. Where it is verified that he/she has requested money, valuables
or other forms of entertainment in addition to agency fees from an importer;

6. Where it is verified that he/she has offered money or other
valuables, entertainment, etc. in addition to inspection fees when he/she
entrusted an inspection related to the reporting of imported foods to an
institution specializing in food testing and inspection under Article 6 (3) 1
of the Act on Testing and Inspection in the Food and Drug Industry or an
overseas testing and inspection institution under Article 8 of the
aforementioned Act;

7. Where it is verified that he/she has reported imported foods on
behalf of another person in an unlawful manner, such as filing a false report
and attaching fabricated documents;

8. Where he/she collects the fees in excess of the amount prescribed
by Ordinance of the Prime Minister under paragraph (2).

(4) Detailed
criteria for an administrative disposition under paragraph (3) shall be
prescribed by Ordinance of the Prime Minister, in terms of the type, severity,
etc. of the relevant violation.
11690, Mar. 23, 2013>

(5) No person for
whom three years have not elapsed from the date his/her registration was
cancelled pursuant to paragraph (3) shall register as an agent anew.

Article 19-3 (Order for Education on Food Safety, etc.)

(1) The Minister
of Food and Drug Safety may order any of the following business operators to
receive education on food safety to ensure the safety of imported foods, etc.:

1. A business operator who imports foods, etc. judged unfit to eat
as a result of inspection of foods, etc. for which import declaration has been
made pursuant to Article 19 (1);

2. A business operator subject to a disposition of suspension of
business as a result of a visit, inspection, collection, etc. under Article 22
(1) with regard to imported foods, etc. being circulated nationwide.

(2) Necessary
matters concerning detailed procedures, education institutions, methods and
content, etc. with regard to an order for education on food safety pursuant to
paragraph (1) shall be prescribed by Ordinance of the Prime Minister.

Article 19-4 (Inspection Orders, etc.)

(1) The Minister
of Food and Drug Safety may order a business operator that gathers,
manufactures, imports, processes, uses, cooks, stores, subdivides, transports
or displays any of the following foods, etc. to undergo inspections conducted
by an institution specializing in food testing and inspection under Article 6
(3) 1 of the Act on Testing and Inspection in the Food and Drug Industry or an
overseas testing and inspection institution under Article 8 of the
aforementioned Act (hereinafter referred to as "inspection order"):
Provided, That related data, etc. may be substituted for such inspection where
the Minister of Food and Drug Safety acknowledges that hazardous ingredients
cannot be detected through an inspection: by Act No. 11690, Mar. 23, 2013; Act No. 11985, Jul. 30, 2013>

1. Foods, etc. from which hazardous substances are detected at home
and abroad;

2. Foods, etc. with high unfitness rates as a result of inspection
of foods, etc. for which import declaration has been made pursuant to Article
19 (2);

3. Other foods, etc. over which concern that such foods, etc. might
cause harm is or was raised at home and abroad.

(2) A business
operator in receipt of an inspection order shall undergo an inspection within
the inspection period determined by Ordinance of the Prime Minister, or submit
related data, etc. 11690, Mar. 23, 2013>

(3) Detailed
matters pursuant to paragraphs (1) and (2), such as the extent of foods, etc.
subject to an inspection order and related data shall be determined and
publicly announced by the Minister of Food and Drug Safety.

Article 20 (Registration, etc. of Excellent Import Businesses)

(1) Any person
who has made an import declaration under Article 19 may check the sanitary
condition of manufacturing places of an exporting nation, in accordance with
the criteria prescribed by the Minister of Food and Drug Safety, so as to
ensure the safety of the relevant imported foods, etc.

(2) Any business
that checks sanitary conditions under paragraph (1) may file for registration
of an excellent import food business (hereinafter referred to as
"excellent import business") with the Minister of Food and Drug
Safety. 23, 2013>

(3) Any business
that intends to be registered as an excellent import business, shall file for
registration with the Minister of Food and Drug Safety, as prescribed by
Ordinance of the Prime Minister. The same shall apply to revisions to important
matters prescribed by Ordinance of the Prime Minister in a registration
statement. 2010; Act No. 11690, Mar. 23, 2013>

(4) Where an
excellent import business falls under any of the following subparagraphs, the
Minister of Food and Drug Safety may cancel registration or issue an order to
take corrective measures: Provided, That where an excellent import business
falls under subparagraph 1, he/she shall cancel such registration: Mar. 23, 2013>

1. Where it makes a registration by fraud or other wrongful means;

2. Where it is subject to an administrative disposition of business
suspension for not less than two months under Article 75;

3. Where it fails to observe matters prescribed by Ordinance of the
Prime Minister, which correspond to subparagraphs 1 and 2.

(5) Detailed
matters, including procedures and methods for registration of excellent import
businesses or safety standards for manufacturing or processing facilities owned
by manufacturers of exporting nations, shall be prescribed by Ordinance of the
Prime Minister. 2010; Act No. 11690, Mar. 23, 2013>

Article 21 (Prohibition against Import, Sale, etc. of Specific
Foods, etc.)

(1) Where foods, etc.
that are collected, manufactured, processed, used, cooked or stored in a
specific nation or region are found to or are likely to be harmful in such
nation or region, the Minister of Food and Drug Safety may prohibit importing
or selling such foods, etc. or manufacturing, processing, using, cooking,
storing, subdividing, transporting or displaying such foods, etc. for sale.

(2) Where
poisonous or harmful materials under subparagraph 2 of Article 4 are detected in
foods, etc. after the risk assessment under Article 15 (1) or inspections under
Article 19 (2), the Minister of Food and Drug Safety shall prohibit importing
such foods, etc.: Provided, That the same shall not apply where the Minister of
Food and Drug Safety deems that foods, etc. do not cause any harm to a human
body. 23, 2013>

(3) Where the
Minister of Food and Drug Safety intends to take prohibitive measures under
paragraphs (1) and (2), he/she shall consider the opinions of the heads of the
relevant central administrative agencies in advance, and undergo a deliberation
and resolution by the Deliberation Committee: Provided, That in urgent need of
prohibitive measures due to the probability of imminent harm to public health,
he/she may take such prohibitive measures, and then undergo a deliberation and
resolution by the Deliberation Committee. by Act No. 11690, Mar. 23, 2013>

(4) Where the
Deliberation Committee makes a deliberation under the main sentence of and proviso
to paragraph (3), interested persons prescribed by Presidential Decree may
attend a meeting of the Deliberation Committee to state their opinions or
present their written opinions.

(5) Where foods,
etc., the import or sale of which is prohibited under paragraphs (1) and (2)
are recognized to cause no harm to a human body, the Minister of Food and Drug
Safety may cancel all or some of prohibitive measures under paragraphs (1) and
(2), either ex officio or upon requests of an interested nation or a business
operator who has imported such foods, etc., after undergoing a deliberation and
resolution by the Deliberation Committee. by Act No. 11690, Mar. 23, 2013>

(6) Where the
Minister of Food and Drug Safety takes prohibitive measures under paragraphs
(1) and (2) or cancels such measures under paragraph (5), he/she shall publicly
announce such fact. 11690, Mar. 23, 2013>

(7) Where a
business that manufactures foods, etc., the import or sale of which is
prohibited under paragraphs (1) and (2), an interested nation or a business
operator who has imported such foods, etc. ascertain the causes of harm or
suggest improvement measures, the Minister of Food and Drug Safety may cancel
all or some of prohibitive measures under paragraphs (1) and (2). In such
cases, he/she may conduct a field investigation, when necessary for checking
whether such improvement measures are taken. by Act No. 11690, Mar. 23, 2013>

Article 22 (Visits, Inspections, Collection, etc.)

(1) The Minister
of Food and Drug Safety (including the heads of affiliated organizations
prescribed by Presidential Decree; hereinafter the same shall apply in this
Article), a Mayor/Do Governor or the head of a Si/Gun/Gu may take the following
measures, where necessary for preventing harm caused by foods, etc., managing
sanitation or maintaining business order: by Act No. 9692, May 21, 2009; Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar.
23, 2013>

1. Requesting a business operator or other related persons to submit
necessary documents or data;

2. Ordering the relevant public officials to take any of the
following measures, such as visit, inspections or collection:

(a) Inspecting foods, etc. for sale or business, or business
facilities, etc. by visiting places of business (including offices, warehouses,
factories, storage places, selling places or other places similar thereto);

(b) Collecting the minimum amounts of foods, etc. necessary for
inspections under item (a) without any consideration;

(c) Inspecting books or documents related to business.

(2) Where it is
necessary for a Mayor/Do Governor or the head of a Si/Gun/Gu to effectively
prevent sanitation-related harm caused by foods, etc., while conducting the
visit, inspection, collection, etc. under paragraph (1), the Minister of Food
and Drug Safety may request the heads of the relevant administrative agencies,
other Mayors/Do Governors or the heads of Sis/Guns/Gus to assist the
performance of administrative duties. In such cases, upon receipt of a request
for assistance, the heads of the relevant administrative agencies, Mayors/Do
Governors or the heads of Sis/Guns/Gus shall comply with such request, unless
extenuating circumstances exist to the contrary. by Act No. 11690, Mar. 23, 2013>

(3) Any public
official who intends to conduct the visit, inspection, collection or perusal
under paragraphs (1) and (2) shall carry a certificate indicating his/her
authority and present it to related persons.

(4) Procedures
for assistance to perform administrative duties under paragraph (2), methods of
sharing expenses and other necessary matters shall be prescribed by
Presidential Decree.

Article 22-2 (Entry into and Inspections of Manufacturing
Businesses, etc. of Exporting Nations)

In any of the following
cases, the Minister of Food and Drug Safety may visit and inspect the
manufacturing or export business of the exporting nation of any imported foods,
etc. after consulting in advance with the government or manufacturing or export
business of the exporting nation:

1. Where the Minister of Food and Drug Safety deems that it is
necessary to make an on-the-spot inspection for preventing harm that may be
caused by imported foods, etc.;

2. Where the Minister of Food and Drug Safety deems that it is necessary
to ascertain the truth of information concerning the safety of imported foods,
etc. gathered at home and abroad;

3. Where the Minister of Food and Drug Safety deems that it is
necessary to make an on-the-spot verification as regards prior confirmation and
registration of imported foods, etc.;

4. Where the Minister of Food and Drug Safety deems that it is
necessary to make an on-the-spot verification with respect to the registration
of an excellent import business.

Article 23 (Reinspection of Foods, etc.)

(1) Where the
inspection of foods, etc. under Article 19 or 22 demonstrates that the relevant
foods, etc. fail to meet the standards or specifications of foods, etc. under
Article 7 or 9, the Minister of Food and Drug Safety (including the heads of
affiliated organizations prescribed by Presidential Decree; hereinafter the
same shall apply in this Article), a Mayor/Do Governor or the head of a
Si/Gun/Gu shall notify the relevant business operator of the outcomes of such
inspection, as prescribed by Presidential Decree. by Act No. 11690, Mar. 23, 2013>

(2) Where a
business operator who has received a notification under paragraph (1) raises an
objection against the outcome of an inspection, he/she may request the Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu to
reinspect foods, etc., along with a written inspection outcome or inspection
certificate issued by a domestic or overseas inspection institution recognized
by the Minister of Food and Drug Safety. by Act No. 11690, Mar. 23, 2013>

(3) Upon receipt
of a request for reinspection under paragraph (2), the Minister of Food and
Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall determine as
to whether he/she will conduct a reinspection, as prescribed by Presidential
Decree, and notify the relevant business operator of the outcome thereof.

(4) Where the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu decides to reinspect the relevant foods, etc. under paragraph (3),
he/she shall conduct the reinspection without delay, and notify the relevant
business operator of the outcome thereof. In such cases, expenses incurred in
conducting the reinspection, such as charges for reinspection and bonded
warehouse fees, shall be borne by the relevant business operator.

Article 23 (Reinspection of Foods, etc.)

(1) Where the
inspection of foods, etc. under Article 19 or 22 demonstrates that the relevant
foods, etc. fail to meet the standards or specifications of foods, etc. under
Article 7 or 9, the Minister of Food and Drug Safety (including the heads of
affiliated organizations prescribed by Presidential Decree; hereinafter the
same shall apply in this Article), a Mayor/Do Governor or the head of a
Si/Gun/Gu shall notify the relevant business operator of the outcomes of such
inspection, as prescribed by Presidential Decree. by Act No. 11690, Mar. 23, 2013>

(2) Where a
business operator who has received a notification under paragraph (1) has an
objection against the result of an inspection, he/she may undergo inspection on
the same one of the inspected product (limited to the products that have been
manufactured or produced through the same manufacturing process at the same
business facility on the same date) on the same inspection items by at least
two domestic or overseas inspection agencies recognized by the Minister of Food
and Drug Safety; where the result of such inspection is different from the
result of the inspection of which he/she has received notification pursuant to
paragraph (1), he/she may request, along with a written inspection report or
inspection certificate issued by such inspection agency, the Minister of Food
and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu to reinspect
foods, etc.: Provided, That inspection items prescribed by Ordinance of the
Prime Minister, such as inspection items the result of inspection of which may
change as time elapses, shall be excluded from those subject to reinspection. May 28, 2014>

(3) Where the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu who has received a request for reinspection under paragraph (2)
confirms that the result of inspection submitted by a business operator is
different from the result of inspection under paragraph (1) or deems that
methods of extracting and handling specimens for inspection under the
aforementioned paragraph, methods of inspection, process of inspection, etc.
violate the standards and specifications of foods, etc. under Article 7 (1) or
9 (1), he/she shall conduct reinspection immediately and notify the relevant
business operator of the result of reinspection. In such cases, the business
operator shall bear expenses incurred in reinspection, such as reinspection
fees and bonded warehouse charges. 11690, Mar. 23, 2013; Act No. 12719, May 28, 2014>

(4) Deleted.

Articles 24 through 30 Deleted. No. 11985, Jul. 30, 2013>

Article 31 (Obligation of Self-Quality Inspection)

(1) Any business
operator who manufactures or processes foods, etc. shall inspect whether foods,
etc. that have been manufactured or processed meet the standards and
specifications under Article 7 or 9, as prescribed by Ordinance of the Prime
Minister. 2010; Act No. 11690, Mar. 23, 2013>

(2) Where it is
inappropriate that a person who conducts the relevant business directly
conducts an inspection under paragraph (1), the Minister of Food and Drug
Safety or a Mayor/Do Governor may require a testing and inspection institution
under Article 6 (3) 2 of the Act on Testing and Inspection in the Food and Drug
Industry to conduct a self-quality inspection by entrusting it with such
inspection. 2013; Act No. 11985, Jul. 30, 2013>

(3) Where it is
found through an inspection under paragraph (1) that the relevant foods, etc.
violate Articles 4 through 6, Article 7 (4), 8 or 9 (4) and thus cause or are
likely to cause harm to the national health, a business operator that directly
conducts an inspection under paragraph (1) shall report to the Minister of Food
and Drug Safety without delay. No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11985, Jul. 30,
2013>

(4) The items and
procedures for inspections under paragraph (1) and other necessary matters
shall be prescribed by Ordinance of the Prime Minister. Mar. 23, 2013; Act No. 11985, Jul. 30, 2013>

Article 32 (Food Sanitation Supervisors)

(1) Food
sanitation supervisors shall be assigned to the Ministry of Food and Drug
Safety (including affiliated organizations prescribed by Presidential Decree),
the Special Metropolitan City, a Metropolitan City, a Do, a Special
Self-Governing Province (hereinafter referred to as "City/Do") or a
Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to
provide instruction concerning the duties of the relevant public officials
under Article 22 (1) and food sanitation. by Act No. 11690, Mar. 23, 2013>

(2)
Qualification, appointment, and the scope of duties of food sanitation
supervisors under paragraph (1) and other necessary matters shall be prescribed
by Presidential Decree.

Article 33 (Customer Food Sanitation Supervisors)

(1) The Minister
of Food and Drug Safety (including the heads of affiliated organizations
prescribed by Presidential Decree; hereinafter the same shall apply in this
Article), a Mayor/Do Governor or the head of a Si/Gun/Gu may appoint, as
customer food sanitation supervisors, persons recommended by the heads of the
relevant organizations or persons with expertise about food sanitation, from
among executives or employees of customer organizations registered under
Article 29 of the Framework Act on Consumers. Act No. 11690, Mar. 23, 2013>

(2) The duties of
customer food sanitation supervisors appointed under paragraph (1) (hereinafter
referred to as "customer food sanitation supervisor") shall be as
follows:

1. Checking the sanitation management of persons engaged in food
service business (hereinafter referred to as "food service business
operators") under Article 36 (1) 3;

2. Submitting a report or providing related data to the competent
administrative agency, where foods, etc. in circulation fail to meet labelling
standards or violate the provisions concerning prohibition against false
labelling or exaggerated advertisements;

3. Supporting the collection and inspection of foods, etc. by food
sanitation supervisors under Article 32;

4. Other matters concerning food sanitation, prescribed by
Presidential Decree.

(3) No customer
food sanitation supervisor shall abuse his/her authority, when performing
his/her duties under each subparagraph of paragraph (2).

(4) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu who has
appointed customer food sanitation supervisors under paragraph (1), shall
provide education necessary for the performance of duties to customer food
sanitation supervisors. 11690, Mar. 23, 2013>

(5) Where
customer food sanitation supervisors fall under any of the following
subparagraphs, the Minister of Food and Drug Safety, a Mayor/Do Governor or the
head of a Si/Gun/Gu shall dismiss the relevant customer food sanitation
supervisors: 23, 2013>

1. Where they retire from or are dismissed by customer organizations
that have recommended them;

2. Where they commit unlawful acts or abuse their authority, with
regard to duties under each subparagraph of paragraph (2);

3. Where they are unable to perform their duties due to diseases or
injuries.

(6) Where a
customer food sanitation supervisor intends to solely visit a food service
business operator's place of business to perform duties under paragraph (2) 1,
he/she shall obtain prior approval from the Minister of Food and Drug Safety, a
Mayor/Do Governor or the head of a Si/Gun/Gu. by Act No. 11690, Mar. 23, 2013>

(7) Where a
customer food sanitation supervisor solely visits a food service business
operator's place of business after obtaining approval under paragraph (6),
he/she shall carry with him/her a written statement of approval and a
certificate indicating his/her status and present them to the relevant persons.

(8)
Qualification, the scope of duties or education of customer food sanitation
supervisors and other necessary matters shall be prescribed by Presidential
Decree.

Article 34 (Private Food Inspectors)

(1) Any business
operator prescribed by Presidential Decree may appoint, as a private food
inspector, a person designated by the Minister of Food and Drug Safety or a
Mayor/Do Governor, from among persons with expertise about food sanitation who
fall under any of the following subparagraphs, to check the actual status of
sanitation management of foods, etc. in the relevant business:

1. A person recommended by the head of a consumer organization
registered under Article 29 of the Framework Act on Consumers;

2. A person recommended by the head of an organization related to
food sanitation, from among non-profit, non-governmental organizations under
Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

3. A person who serves as an assistant professor or in a higher
position in a department related to foods at any school under Article 2 of the
Higher Education Act.

(2) Any private
food inspector appointed under paragraph (1) (hereinafter referred to as
"private food inspector") may check the actual status of sanitation
management in the place of business of a business operator prescribed by
paragraph (1) at least once a quarter and recommend the business operator to
take necessary measures, such as improving sanitation management, where the findings
of inspection show that the relevant place of business is unsanitary or food
safety needs to be improved.

(3) Where a
business operator fails to implement recommendation under paragraph (2), the
relevant private food inspector shall report such fact to the Minister of Food
and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu.

(4) No private
food inspector shall divulge any confidential information he/she has obtained
in the course of performing his/her duties or use such information for any
purpose, other than for his/her duties.

(5) Any business
operator who appoints or dismisses a private food inspector under paragraph (1)
shall report the following matters to the Minister of Food and Drug Safety, a
Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the
Prime Minister: 2010; Act No. 11690, Mar. 23, 2013>

1. The date on which a private food inspector is appointed and
his/her personal information;

2. Details of improvement recommended by a private food inspector
under paragraph (2) and the results of improvement;

3. The date on which a private food inspector is dismissed and
grounds for such dismissal.

(6) The Minister
of Food and Drug Safety (including the heads of affiliated organizations
prescribed by Presidential Decree), a Mayor/Do Governor or the head of a
Si/Gun/Gu may order the relevant public officials to suspend visit, inspection
or collection under Article 22 at the place of business of a business operator
who has appointed a private food inspector under paragraph (1) for a specific
period prescribed by Ordinance of the Prime Minister: Provided, That the same
shall not apply to any of the following cases: by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

1. Where a business operator who has appointed a private food
inspector fails to comply with the recommendation of the private food
inspector;

2. Where a private food inspector fails to conscientiously perform
duties under paragraph (2) or commits wrongful acts related to his/her duties;

3. Where it is confirmed that a product has a harmful factor, as a
result of collecting and inspecting products manufactured, processed and
distributed by a business operator who has appointed a private food inspector.

(7) Qualification
and procedures for the appointment or the scope of duties of a private food
inspector and other necessary matters shall be prescribed by Presidential
Decree.

Article 35 (Participation, etc. in Sanitary Inspection by Customers)

(1) Any business
operators prescribed by Presidential Decree may undergo a sanitary inspection
conducted by persons with expertise on food sanitation or persons recommended
by the head of a consumer organization registered under Article 29 of the
Framework Act on Consumers and determined by the Minister of Food and Drug
Safety. 23, 2013>

(2) Where the
findings of an inspection under paragraph (1) indicate that business operators
meet the criteria prescribed by the Minister of Food and Drug Safety and pass
the inspection, they may label or advertise such fact on foods, etc. that have
been manufactured and processed at the relevant place of business, as
prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(3) The Minister
of Food and Drug Safety (including the heads of affiliated organizations
prescribed by Presidential Decree), a Mayor/Do Governor or the head of a
Si/Gun/Gu may order the relevant public officials to suspend visit, inspection
and collection under Article 22 at a place of business that has been inspected
pursuant to paragraph (1) and is rated excellent by the Minister of Food and
Drug Safety, for a specific period prescribed by Ordinance of the Prime
Minister. 2010; Act No. 11690, Mar. 23, 2013>

(4) The Minister
of Food and Drug Safety (including the head of an agency under his/her
authority prescribed by Presidential Decree), a Mayor/Do Governor or the head
of a Si/Gun/Gu may have consumers who wish to participate in access,
inspection, collection, etc. under Article 22 (1) participate therein and
inspect sanitary conditions. No. 11986, Jul. 30, 2013>

(5) The timing,
etc. of sanitary inspections under paragraph (1) shall be prescribed by
Presidential Decree.

Article 36 (Criteria for Facilities)

(1) Any person
who intends to engage in business falling under any of the following
subparagraphs shall be equipped with facilities which meet the criteria for
facilities prescribed by Ordinance of the Prime Minister: Mar. 23, 2013>

1. Manufacturing, processing, transporting, selling and preserving
foods or food additives;

2. Manufacturing apparatus, containers or packages;

3. Providing food services.

(2) The detailed
types and scope of business under each subparagraph of paragraph (1) shall be
determined by Presidential Decree.

Article 37 (Business Licenses, etc.)

(1) Any person
who intends to engage in business prescribed by Presidential Decree, which
falls under any subparagraph of Article 36 (1), shall obtain a license from the
Minister of Food and Drug Safety, the Governor of a Special Self-Governing
Province or the head of a Si/Gun/Gu, by type of business or each place of
business, as prescribed by Presidential Decree. The same shall apply to
revisions to important matters prescribed by Presidential Decree in the
license. 23, 2013>

(2) The Minister
of Food and Drug Safety, the Governor of a Special Self-Governing Province or
the head of a Si/Gun/Gu may attach necessary conditions to permission, when
he/she grants a business license under paragraph (1).

(3) Where any
person who has obtained a business license under paragraph (1) discontinues
business or revises insignificant matters, other than important matters under
the latter part of paragraph (1) in a license, he/she shall submit a report to
the Minister of Food and Drug Safety, or the Governor of a Special
Self-Governing Province or the head of a Si/Gun/Gu. by Act No. 11690, Mar. 23, 2013>

(4) Any person
who intends to engage in business prescribed by Presidential Decree, which
falls under any subparagraph of Article 36 (1), shall file a notification
thereof with the Minister of Food and Drug Safety, or the Governor of a Special
Self-Governing Province or the head of a Si/Gun/Gu, by type of business or
place of business. The same shall apply to revisions to important matters
notified as prescribed by Presidential Decree, or to business closure.

(5) Any person
who intends to engage in business prescribed by Presidential Decree, which
falls under any subparagraph of Article 36 (1), shall file business
registration, by type of business or a place of business, with the Minister of
Food and Drug Safety, or the Governor of a Special Self-Governing Province or
the head of a Si/Gun/Gu, as prescribed by Presidential Decree, which shall also
apply to revisions to important matters registered as prescribed by Presidential
Decree: Provided, That business closure or revisions to insignificant matters
excepting important matters as prescribed by Presidential Decree shall be
notified to the Governor of a Special Self-Governing Province or the head of a
Si/Gun/Gu. Jun. 7, 2011; Act No. 11690, Mar. 23, 2013>

(6) Where any
person who has obtained a business license or filed notification or
registration to manufacture or process foods or food additives under paragraph
(1), (4) or (5) manufactures or processes foods or food additives, he/she shall
report such fact to the Minister of Food and Drug Safety, or the Governor of a
Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by
Ordinance of the Prime Minister. The same shall apply to revisions to important
matters notified as prescribed by Ordinance of the Prime Minister. Jun. 7, 2011; Act No. 11690, Mar. 23, 2013>

(7) Where a
business operator (limited to a person who has notified business under
paragraph (4) or registered business under paragraph (5)) notifies business
closure to the head of the competent tax office under Article 8 of the
Value-Added Tax Act, or the head of the competent tax office cancels the
registration of a business operator, the Minister of Food and Drug Safety, or
the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu
may cancel notified matters ex officio. by Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11873,
Jun. 7, 2013>

(8) No person who
closes his/her business pursuant to paragraphs (3) through (5) may file
notification of business closure during the period of an administrative
disciplinary measure under Articles 71 through 76, such as business suspension.

Article 38 (Restrictions on Business Licenses, etc.)

(1) In any of the
following cases, no business license under Article 37 (1) shall be granted:

1. Where the relevant business facilities fail to meet the criteria
for facilities under Article 36;

2. Where a business operator intends to engage in the same type of
business in the same place before six months have elapsed since the business
license was canceled under Article 75 (1) or (2) (excluding cases where a
business license was canceled due to a violation of Article 44 (2) 1 or a
business license was canceled under Article 75 (1) 18): Provided, That the same
shall not apply where a business license is canceled after all of business
facilities are removed;

3. Where a business operator intends to engage in a food service
business under Article 36 (1) 3 in the same place before two years have elapsed
since a business license was canceled due to a violation of Article 44 (2) 1 or
a business license was canceled under Article 75 (1) 18;

4. Where the same business operator (in cases of a corporation,
including the representative thereof) intends to engage in the same type of
business before two years have elapsed since the business license was canceled
under Article 75 (1) or (2) (excluding cases where a business license was
canceled due to a violation of Articles 4 through 6, 8 or 44 (2) 1 and a
business license was canceled under Article 75 (1) 18);

5. Where the same business operator (in case of a corporation,
including the representative thereof) intends to engage in a food service
business under Article 36 (1) 3 before three years have elapsed since a
business license was canceled due to violation of Article 44 (2) 1 or a
business license was canceled under Article 75 (1) 18;

6. Where the same business operator (in case of a corporation,
including the representative thereof) intends to engage in the same type of
business before five years have elapsed since a business license was canceled
due to violation of Articles 4 through 6 or 8;

7. Where it is deemed necessary to restrict a license of food
service business under Article 36 (1) 3 that the Mayor/Do Governor designates
and publicly announces for the purpose of public health;

8. Where any person who intends to obtain a business license is an
adult placed under the protection of a legal guardian, or was declared bankrupt
and has not yet been reinstated;

(2) In any of the
following cases, no business notification under Article 37 (4) or business
registration under Article 37 (5) shall be filed: by Act No. 10787, Jun. 7, 2011>

1. Where a business operator intends to engage in the same type of
business in the same place before six months have elapsed since his/her
registration was cancelled or an order to close down his/her place of business
was issued under Article 75 (1) or (2) (excluding cases where an order to close
down his/her place of business was issued due to a violation of Article 44 (2)
1, and such order was issued under Article 75 (1) 18): Provided, That the same
shall not apply where his/her business is cancelled or an order to close down
his/her place of business is issued after all of business facilities are
removed;

2. Where a business operator intends to engage in food service
business under Article 36 (1) 3 in the same place before one year has elapsed
since an order to close down his/her place of business was issued due to
violation of Article 44 (2) 1, or such order was issued under Article 75 (1)
18;

3. When the same business operator (in case of a corporation,
including the representative thereof) intends to engage in the same type of
business with the business subject to cancellation of registration or an order to
close down his/her place of business, before two years have elapsed since
his/her registration was cancelled or an order to close down his/her place of
business was issued under Article 75 (1) or (2) (excluding cases where his/her
registration was cancelled or an order to close down his/her place of business
was issued due to a violation of Articles 4 through 6, Article 8 or 44 (2) 1
and such order was issued under Article 75 (1) 18);

4. Where the same business operator (in case of a corporation,
including the representative thereof) intends to engage in food service
business under Article 36 (1) 3 before two years have elapsed since an order to
close down his/her place of business was issued due to violation of Article 44
(2) 1 or such order was issued under Article 75 (1) 18;

5. Where a business operator (in case of a corporation, including
the representative thereof), for whom five years have not elapsed since his/her
registration was cancelled or an order to close down his/her place of business
was issued due to a violation of Articles 4 through 6 or 8, intends to engage
in the same type of business with the business subject to the cancellation of
registration or the order to close down his/her place of business.

Article 39 (Succession to Business)

(1) When a
business operator transfers his/her business or dies, or the merger of
corporations is carried out, the transferee, successor, a corporation surviving
such merger or a corporation established after such merger shall succeed to the
status of the relevant business operator.

(2) A person who
has acquired all of business facilities, in accordance with procedures falling
under any subparagraph of Article 29 (2), shall succeed to the status of the
relevant business operator. In such cases, the business license, registration,
or notification granted or filed by the former business operator shall lose
their effect. 2011>

(3) A person who
has succeeded to the status of the relevant business operator under paragraph
(1) or (2) shall notify such fact to the Minister of Food and Drug Safety, the
Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu within
one month, as prescribed by Ordinance of the Prime Minister. Mar. 23, 2013>

(4) With respect
to succession under paragraphs (1) and (2), Article 38 shall apply mutatis
mutandis: Provided, That the same shall not apply for three months since the
date of succession, when any successor falls under Article 38 (1) 8.

Article 40 (Medical Examination)

(1) A business
operator and his/her employees prescribed by Ordinance of the Prime Minister
shall undergo medical examination: Provided, That where they undergo the same
medical examination as that prescribed by other Acts and subordinate statutes,
they shall be deemed to have undergone medical examination under this Act. Mar. 23, 2013>

(2) No person,
who is recognized to have a disease likely to cause harm to third persons as a
result of medical examination under paragraph (1), shall be engaged in the
relevant business.

(3) No business
operator may order persons, who have failed to undergo medical examination, in
violation of paragraph (1), or who have a disease likely to cause harm to third
persons as a result of medical examination under paragraph (2), to work in the
relevant business.

(4) Methods of
conducting medical examination under paragraph (1) and the types of diseases
likely to cause harm to third persons under paragraphs (2) and (3) shall be
prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 41 (Education on Food Sanitation)

(1) Any person
employed by a business operator prescribed by Presidential Decree or by a food
service business operator who may employ entertainment workers shall receive
education concerning food sanitation (hereinafter referred to as
"education on food sanitation") each year.

(2) Any person
who intends to engage in business under each subparagraph of Article 36 (1)
shall receive education on food sanitation in advance: Provided, That when
he/she is unable to receive such education in advance due to inevitable
grounds, he/she may receive such education, as prescribed by the Minister of
Food and Drug Safety, after starting business. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(3) When any
person who shall receive education under paragraphs (1) and (2), is not
directly engaged in business or engages in business at not less than two
places, a person in charge of food sanitation may be designated, from among
employees, and receive education on behalf of a business operator: Provided, That
where any cook or dietician (referring to a licensed dietician pursuant to
Article 15 of the National Nutrition Control Act; hereinafter the same shall
apply) working for meal service facilities is designated as a person in charge
of food sanitation and receives education under the proviso to Article 56 (1),
he/she shall be deemed to have received education on food sanitation of the
relevant year under paragraphs (1) and (2). by Act No. 10191, Mar. 26, 2010>

(4) Where any
person who has obtained a license of a cook or dietician intends to engage in
food service business under Article 36 (1) 3, he/she need not receive education
on food sanitation, notwithstanding paragraph (2).

(5) No business
operator shall allow persons, who fail to receive education on food sanitation,
to be engaged in the relevant business, unless extenuating circumstances exist
to the contrary.

(6) Necessary
matters concerning the details or expenses of education and an institution
providing education under paragraphs (1) and (2) shall be prescribed by
Ordinance of the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 42 (Quality Control and Reporting)

(1) Any business
operator who manufactures or processes foods or food additives or his/her
employees shall comply with the matters prescribed by Ordinance of the Prime
Minister, for the control of raw materials, manufacturing processes or sanitary
management of foods, etc. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(2) Any business
operator under paragraph (1) shall report the records, etc. of producing foods
or food additives to the Minister of Food and Drug Safety or a Mayor/Do
Governor, as prescribed by Ordinance of the Prime Minister. Mar. 23, 2013>

Article 43 (Restrictions on Business Operations)

(1) Any Mayor/Do
Governor may restrict business hours or activities of food service business
operators and their employees, when necessary for maintaining business order
and good custom.

(2) Details of
restrictions under paragraph (1) shall be prescribed by Municipal Ordinance of
the relevant City/Do, within the scope prescribed by Presidential Decree.

Article 44 (Matters to be Observed by Business Operators, etc.)

(1) Any business
operator prescribed by Presidential Decree, including a food service business
operator, and his/her employees shall comply with the matters prescribed by
Ordinance of the Prime Minister, so as to control the sanitation of business, maintain
order and improve the health and sanitation of nationals. Mar. 23, 2013>

(2) No food
service business operator shall commit any of the following acts against
juveniles under Article 2 of the Juvenile Protection Act (hereafter referred to
as "juveniles" in this paragraph): by Act No. 11048, Sep. 15, 2011>

1. Having juveniles provide entertainment services by employing them
as entertainment workers;

2. Employing juveniles in or giving them access to business
establishments banned from employing juveniles or giving them access under
subparagraph 5 (a) (iii) of Article 2 of the Juvenile Protection Act;

3. Employing juveniles in business establishments banned from
employing juveniles under subparagraph 5 (b) (iii) of Article 2 of the Juvenile
Protection Act;

4. Providing alcoholic beverages to juveniles.

(3) No person
shall drink alcoholic beverages with customers, provide entertainment services
(excluding performance by singers, musicians, dancers, chorus girls, etc.)
which add to pleasure with songs or dance, or request a third person to provide
such services at a place providing food services under Article 36 (1) 3
(excluding a place of business which may employ entertainment workers pursuant
to Presidential Decree) for business purpose.

(4) No food
service business operator under paragraph (3) shall employ entertainment workers,
help them find a job or solicit business.

(5) Any business
operator who imports or sells foods, etc. under Article 19 after entrusting the
manufacturing or processing of foods, etc. to an exporting nation by the means
of original equipment manufacturing (hereinafter referred to as
"original-equipment manufactured foods, etc.") shall observe the
following matters: 11690, Mar. 23, 2013>

1. Business operators shall have institutions or organizations
prescribed by Presidential Decree conduct on-site sanitary inspections of
companies which manufacture or process original-equipment manufactured foods,
etc. in accordance with standards for sanitary inspection prescribed by the
Minister of Food and Drug Safety;

2. Business operators shall conduct an inspection under Article 31
of original-equipment manufactured foods, etc. and retain records thereof for
two years.

Article 45 (Recall of Harmful Foods, etc.)

(1) Any business
operator who has manufactured, processed, subdivided, imported or sold food,
etc. for sale shall recall the relevant foods, etc. in circulation without
delay or take measures necessary for recalling such foods, etc., when he/she
become aware that the relevant foods, etc. violate Articles 4 through 6,
Article 7 (4), 8 or 9 (4) (excluding violations not related to harmful foods,
etc.). In such cases, a business operator shall report a plan for such recall
to the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu in advance, and the Mayor/Do Governor or the head of a Si/Gun/Gu
shall, upon receipt of reports on the outcomes of such recall, report such
outcomes to the Minister of Food and Drug Safety, without delay.

(2) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may
exempt a business operator, who faithfully implement measures necessary for
recall under paragraph (1), from administrative disposition under Article 75 or
76 due to the relevant foods, etc., as prescribed by Presidential Decree.

(3) Necessary
matters concerning foods, etc. subject to recall under paragraph (1), plans or
procedures for recall and reports on the outcomes of recall, etc. shall be
prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 46 (Reporting on Detection of Foreign Substances in Foods,
etc.)

(1) Where a
business operator who has manufactured, processed, subdivided, imported or sold
foods, etc. for sale receives a notification from consumers on the detection of
substances (hereinafter referred to as "foreign substances"), other
than raw materials or ingredients normally used in the process of
manufacturing, processing, cooking or distributing foods, which are likely to
cause harm to sanitation in the process of ingestion, or which are not suitable
for ingestion, report such fact to the Minister of Food and Drug Safety, a
Mayor/Do Governor or the head of a Si/Gun/Gu, without delay.

(2) The Korea
Consumer Agency and consumer organizations under the Framework Act on Consumers
shall, upon receipt of a notification on the detection of foreign substances
from consumers, report such fact to the Minister of Food and Drug Safety,
without delay. 23, 2013>

(3) Any Mayor/Do
Governor or the head of each Si/Gun/Gu shall, upon receipt of a notification on
the detection of foreign substances from consumers, report such fact to the
Minister of Food and Drug Safety. 11690, Mar. 23, 2013>

(4) The Minister
of Food and Drug Safety shall, upon receipt of reports on the detection of
foreign substances under paragraphs (1) through (3), take measures necessary to
investigate the causes of including such foreign substances in foods, etc.

(5) Necessary
matters concerning the standards, subject matters, procedures, etc. for
reporting foreign substances under paragraph (1) shall be prescribed by
Ordinance of the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 47 (Sanitation Grade)

(1) The Minister
of Food and Drug Safety, the Governor of a Special Self-Governing Province or
the head of a Si/Gun/Gu may designate places of manufacturing or processing
foods, etc., food service businesses or meal service facilities, which show
excellent sanitation management, as excellent or exemplary businesses, in
accordance with standards for sanitation grade prescribed by Ordinance of the
Prime Minister. 2010; Act No. 11690, Mar. 23, 2013>

(2) The Minister
of Food and Drug Safety (including the heads of affiliated organizations
prescribed by Presidential Decree), a Mayor/Do Governor or the head of a
Si/Gun/Gu may order the relevant public officials to suspend visit, inspection
or collection under Article 22 at excellent or exemplary businesses designated
under paragraph (1) for a specific period prescribed by Ordinance of the Prime
Minister, and the Mayor/Do Governor or the head of a Si/Gun/Gu may
preferentially support loan projects for improving sanitation management
facilities and the sanitation equipment and facilities of business operators
under Article 89 (3) 1 and projects for improving food culture and providing
good menus under Article 89 (3) 6. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(3) Where businesses
designated as excellent or exemplary businesses under paragraph (1) fail to
meet standards for designation or are subject to business suspension or heavier
administrative disposition, the Minister of Food and Drug Safety, the Governor
of a Special Self-Governing Province or the head of a Si/Gun/Gu shall revoke
such designation without delay. 11690, Mar. 23, 2013>

(4) Matters
concerning the designation of excellent or exemplary businesses or the
revocation of such designation under paragraphs (1) and (3) shall be prescribed
by Ordinance of the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 48 (Food Safety Management Certification Standards)

(1) The Minister
of Food and Drug Safety may determine and publicly announce standards
(hereinafter referred to as "food safety management certification
standards") of each food for managing harmful elements in priority by
checking and evaluating harmful elements at all stages of food production process,
including management of raw materials, manufacturing, processing, cooking,
subdividing or distribution, to ensure that harmful materials are not mixed
with foods or foods are not contaminated in the whole process. Mar. 23, 2013; Act No. 12719, May 28, 2014>

(2) Any Business
operator who manufactures, processes, cooks, subdivides, or distributes foods
prescribed by Ordinance of the Prime Minister shall observe food safety
management certification standards of each food publicly announced by the
Minister of Food and Drug Safety under paragraph (1). Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12719, May 28, 2014>

(3) The Minister
of Food and Drug Safety may designate business operators obliged to observe
food safety management certification standards under paragraph (2) and the
places of business of business operators who intend to observe food safety
management certification standards as businesses which adopt food safety
management certification standards (hereinafter referred to as "businesses
adopting food safety management certification standards") of each food. May 28, 2014>

(4) The Minister
of Food and Drug Safety shall issue documents that prove certification to
business operators certified as businesses adopting food safety management
certification standards, as prescribed by Ordinance of the Prime Minister. Mar. 23, 2013; Act No. 12719, May 28, 2014>

(5) Any Business
operator and employee of businesses adopting food safety management
certification standards shall receive education and training prescribed by
Ordinance of the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12719, May 28, 2014>

(6) The Minister
of Food and Drug Safety may provide technological or economic support necessary
for food safety management certification standards to business operators who
are certified as or who intend to obtain certification as businesses adopting
food safety management certification standards under paragraph (3). May 28, 2014>

(7) Necessary
matters concerning requirements or procedures for certification of businesses
adopting food safety management certification standards, institutions providing
education to business operators and employees, methods or procedures for
providing education and training or expenses of education and training under
paragraph (5) and technological or economic support under paragraph (6) shall
be prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12719,
May 28, 2014>

(8) The Minister
of Food and Drug Safety may examine and evaluate whether the food safety
management certification standards prescribed by Ordinance of the Prime
Minister is observed, for the efficient operation of businesses adopting food
safety management certification standards and, where such businesses fall under
any of the following subparagraphs, as a result of examination or evaluation,
he/she may revoke such certification or order them to take corrective measures:
Provided, That where such businesses fall under subparagraph 2, he/she shall
revoke such certification: 9932, Jan. 18, 2010; Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013;
Act No. 12719, May 28, 2014>

1. Where they cease to meet food safety management certification
standards;

2. Where they are subject to administrative disposition of business
suspension under Article 75 for not less than two months;

3. Where business operators and their employees fail to receive
education and training under paragraph (5);

4. Where they fail to comply with matters prescribed by Ordinance of
the Prime Minister, corresponding to subparagraphs 1 through 3.

(9) No operator
of a business, other than businesses adopting food safety management certification
standards, shall use the expression "business adopting food safety
management certification standards" in his/her trade name.

(10) No operator
of a business adopting food safety management certification standards shall
manufacture or process certified foods by entrusting the manufacturing and
processing thereof to other business establishments: Provided, That the same
shall not apply to cases prescribed by Presidential Decree, where business
operators entrust the manufacturing or processing of foods to businesses that
are certified as businesses adopting food safety management certification
standards for the same foods as foods which they intend to entrust.

(11) The Minister
of Food and Drug Safety (including the heads of affiliated organizations
prescribed by Presidential Decree), a Mayor/Do Governor or the head of a
Si/Gun/Gu may order the relevant public officials to suspend visit, inspection
or collection under Article 22 at businesses adopting food safety management
certification standards for a specific period prescribed by Ordinance of the
Prime Minister; the Mayor/Do Governor or the head of a Si/Gun/Gu may
preferentially support loan projects for improving sanitation management
facilities and the sanitation equipment and facilities of business operators
under Article 89 (3) 1. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12719, May 28, 2014>

(12) The Minister
of Food and Drug Safety may entrust the work of analysis of harmful elements in
each process or item of businesses adopting food safety management
certification standards or technological support, certification, etc. to
institutions prescribed by Presidential Decree, such as the Korea Food Safety
Management Certification Service under Article 70-2. by Act No. 11690, Mar. 23, 2013; Act No. 12719, May 28, 2014>

(13) The Minister
of Food and Drug Safety may subsidize all or some of expenses for institutions
entrusted with work under paragraph (12) within budgetary limits.

(14) Necessary
matters concerning the duties of institutions entrusted with work under
paragraph (12) shall be prescribed by Presidential Decree.

Article 49 (Standards for Registration of Food Traceability)

(1) Where a
person who manufactures, imports, processes or sells foods intends to implement
food traceability, he/she may register the relevant foods with the Minister of
Food and Drug Safety, satisfying the standards for registration prescribed by
Ordinance of the Prime Minister: Provided That, persons prescribed by Ordinance
of the Prime Minister, such as manufacturers, importers and processors of baby
food and food sellers with more than a certain amount of sales and more than a
certain store space, shall register relevant foods with the Minister of Food
and Drug Safety. 2010; Act No. 11690, Mar. 23, 2013; Act No. 11986, Jul. 30, 2013>

(2) Any person
who manufactures, imports, processes or sells foods registered under paragraph
(1) shall comply with standards determined and publicly announced by the
Minister of Food and Drug Safety, with regard to preparing, retaining and
managing records necessary for the food traceability (hereinafter referred to
as "standards for food traceability"). by Act No. 11690, Mar. 23, 2013; Act No. 11986, Jul. 30, 2013>

(3) Where the
matters that a person has registered under paragraph (1) are changed, the
person shall notify the Minister of Food and Drug Safety of such change, within
one month after the grounds for such change occur. by Act No. 11690, Mar. 23, 2013>

(4) Food
traceability may be labelled on foods registered under paragraph (1), as
prescribed and publicly announced by the Minister of Food and Drug Safety.

(5) The Minister
of Food and Drug Safety shall examine and evaluate every three years whether a
person who manufactures, imports, processes or sells foods registered pursuant
to paragraph (1) complies with standards for food traceability and other
matters: Provided, That the Minister of Food and Drug Safety shall examine and
evaluate persons who manufacture, import, process or sell foods registered
pursuant to the proviso to paragraph (1) every two years. Mar. 23, 2013; Act No. 11819, May 22, 2013; Act No. 11986, Jul. 30, 2013>

(6) The Minister
of Food and Drug Safety may subsidize funds necessary for food traceability to
persons who have obtained registration under paragraph (1), within budgetary
limits. 2010; Act No. 11690, Mar. 23, 2013>

(7) Where any
person who has obtained registration under paragraph (1) fails to meet the
standards for food traceability, the Minister of Food and Drug Safety may
revoke such registration or issue an order to take corrective measures.

(8) Procedures
for registration of food traceability, particulars to be registered, criteria
for revocation of registration, etc., examination and evaluation, and other
necessary matters concerning registration shall be prescribed by Ordinance of
the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013; Act No. 11819, May 22, 2013;
Act No. 11986, Jul. 30, 2013>

Article 49-2 (Recording, Storing, etc. of Food Traceability
Information)

(1) Any person
who has registered food (hereinafter referred to as "registrant")
pursuant to Article 49 (1) shall record and store food traceability information
under food traceability standards, in an electronic recording device, as
prescribed by Ordinance of the Prime Minister.

(2) Any registrant
shall store the recording of food traceability information under paragraph (1)
for at least two years from the date on which the shelf life of the relevant
product has expired.

(3) Any
registrant shall provide cooperation so that information recorded and stored
pursuant to paragraph (1) may be connected with a food traceability system
under Article 49-3 (1).

Article 49-3 (Establishment, etc. of Food Traceability System)

(1) The Minister
of Food and Drug Safety shall establish and operate the food traceability
system and ensure that the food traceability system is connected with food
traceability information under Article 49-2 (1).

(2) The Minister
of Food and Drug Safety shall ensure that consumers, etc. easily check
information prescribed by Ordinance of the Prime Minister among the information
connected with the food traceability system pursuant to paragraph (1) via the
Internet homepage.

(3) Information
under paragraph (2) shall be provided so that consumers, etc. can check such
information for at least one year from the date on which the shelf life or the
best-before date of the relevant product has expired.

(4) No person
shall use information that is connected pursuant to paragraph (1) for purposes
other than food traceability.

Article 50 (Safety and Sanitation Evaluation)

(1) The Minister
of Food and Drug Safety shall evaluate (hereinafter referred to as "safety
and sanitation evaluation") the sanitation management level in
manufacturing, processing, cooking and distributing foods, etc. and supply of
safe foods for business operators prescribed by Presidential Decree, including
business operators that are obliged to adopt food safety management
certification standards under Article 48, among persons who have obtained a
business license or have filed notification or registration under Article 37,
so as to provide safe foods to consumers and raise the level of food
sanitation. 2011; Act No. 11690, Mar. 23, 2013; Act No. 12719, May 28, 2014>

(2) The Minister
of Food and Drug Safety shall determine and publicly announce standards for
safety and sanitation evaluation. 11690, Mar. 23, 2013>

(3) The Minister
of Food and Drug Safety may entrust work concerning safety and sanitation
evaluation to the relevant specialized institutions or organizations, as
prescribed by Presidential Decree. In such cases, he/she may subsidize funds
necessary therefor. 11690, Mar. 23, 2013>

(4) The Minister
of Food and Drug Safety may designate businesses that show the excellent level
of food sanitation and supply safe foods, etc. to consumers, as excellent
businesses prescribed by Ordinance of the Prime Minister, following a safety
and sanitation evaluation, and announce such fact. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(5) The excellent
businesses under paragraph (4) may label logos, etc. determined by Ordinance of
the Prime Minister on the relevant places of business and foods, etc.
manufactured, processed, cooked or distributed in such places and advertise
such fact. In such cases, the period for labeling or advertisement shall be two
years from the date on which businesses have received a notification of
designation as excellent businesses. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(6) Any business
operator subject to the safety and sanitation evaluation under paragraph (1)
shall comply with such evaluation, unless extenuating circumstances exist to
the contrary.

(7) Necessary
matters concerning the period, scope and procedures for the safety and
sanitation evaluation and announcement under paragraph (4) shall be prescribed
by Ordinance of the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(8) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may
exempt businesses that have undergone the safety and sanitation evaluation
under paragraph (1) from visit, inspection or collection under Article 22,
unless such businesses violate this Act for one year from the date of such
evaluation or other extenuating circumstances exist to the contrary.

(9) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may
exempt the excellent businesses under paragraph (4) from administrative
disposition under Article 75 or 76, within the scope prescribed by Ordinance of
the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 51 (Cooks)

(1) The meal
service facility operators and the food service business operators prescribed
by Presidential Decree shall employ cooks: Provided, That they may choose not
to employ cooks where any of the following is applicable:

1. Where a meal service facility operator or a food service business
operator prepares food and drink in person as a cook;

2. Where an industrial enterprise provides meals for less than 100
persons per mealtime;

3. Where a dietician under Article 52 (1) has a cooking license.

(2) Cooks working
for meal service facilities shall perform the following duties:

1. Culinary affairs according to menus of meal service facilities
(referring to all stages of cooking, including pre-treatment of ingredients,
cooking and distribution);

2. Assisting examination of purchased foods;

3. Practical matters for maintaining hygiene and safety of meal
service equipment and utensils;

4. Other practical matters related to cooking.

Article 52 (Dieticians)

(1) Meal service
facility operators shall employ dieticians: Provided, That they may choose not
to employ dieticians where any of the following is applicable:

1. Where a meal service facility operator directly provides guidance
on nutrition as a dietician;

2. Where an industrial enterprise provides meals for less than 100
persons per mealtime;

3. Where a cook under Article 51 (1) is licensed as a dietician.

(2) Dieticians
working for meal service facilities shall perform the following duties:

1. Preparation and examination of meals, and management of food
distribution at meal service facilities;

2. Examination and management of purchased foods;

3. Sanitary management of meal service facilities;

4. Drawing up logs for operating meal service facilities;

5. Nutritional guidance and food sanitation education for employees.

Article 53 (Cooking Licenses)

(1) Any person
who intends to become a cook shall obtain a license from the Governor of a
Special Self-Governing Province or the head of a Si/Gun/Gu, after obtaining
qualification in the relevant technical field under the National Technical
Qualifications Act.

(2) Necessary
matters concerning cooking licenses under paragraph (1) shall be prescribed by
Ordinance of the Prime Minister. 10191, Mar. 26, 2010; Act No. 11690, Mar. 23, 2013>

(3) and (4)
Deleted.

Article 54 (Grounds for Disqualification)

None of the
following persons shall obtain a cooking license: by Act No. 9847, Dec. 29, 2009; Act No. 10191, Mar. 26, 2010>

1. Any mental patient under subparagraph 1 of Article 3 of the
Mental Health Act: Provided, That the same shall not apply to any person
recognized to be suitable as a cook by a specialist;

2. Any patient with a communicable disease under subparagraph 13 of
Article 2 the Communicable Disease Control and Prevention Act: Provided, That
patients with hepatitis B under subparagraph 3 (h) of the same Article shall be
excluded herefrom;

3. Any narcotic or drug addict under subparagraph 2 of Article 2 of
the Act on the Control of Narcotics, etc.;

4. Any person for whom one year has not elapsed since his/her
license was canceled.

Article 55 (Prohibition against Use of Titles)

No one, other than
a cook shall use the title "cook." by Act No. 10191, Mar. 26, 2010>

Article 56 (Education)

(1) The Minister
of Food and Drug Safety may order cooks and dieticians to receive education (in
cases of cooks, including continuing education: hereinafter the same shall
apply in this Article), when necessary for improving the level of food
sanitation and their job skills: Provided, That cooks and dieticians working
for meal service facilities shall receive education every two years. Jun. 7, 2011; Act No. 11690, Mar. 23, 2013>

(2) Matters
necessary for those eligible to receive education, institutions, details and
methods of education under paragraph (1) shall be prescribed by Ordinance of
the Prime Minister. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(3) The Minister
of Food and Drug Safety may entrust some of his/her duties, including education
under paragraph (1), to the relevant specialized institutions or organizations,
as prescribed by Presidential Decree. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 57 (Establishment of Food Sanitation Deliberation Committee)

The Food Sanitation
Deliberation Committee shall be established under the jurisdiction of the
Ministry of Food and Drug Safety to investigate and deliberate on the following
matters, in response to requests for consultation by the Minister of Food and
Drug Safety: 2010; Act No. 11690, Mar. 23, 2013>

1. Matters concerning the prevention of food poisoning;

2. Matters concerning the maximum residue limits of toxic or harmful
substances, such as agricultural pesticides or heavy metals;

3. Matters concerning the standards and specifications of foods,
etc.;

4. Other important matters concerning food sanitation.

Article 58 (Organization and Operation of Deliberation Committee)

(1) The
Deliberation Committee shall be comprised of no more than 100 members,
including one chairperson and two vice-chairpersons. Inserted by Act No. 11000, Aug. 4, 2011>

(2) Members of
the Deliberation Committee shall be appointed or commissioned from among the
following persons by the Minister of Food and Drug Safety: Provided, That at
least one third of all members shall be commissioned from among persons falling
under subparagraph 3, and at least one third of all members shall be
commissioned from among persons falling under both subparagraphs 2 and 4: 11690, Mar. 23, 2013>

1. Public officials concerned with food sanitation;

2. Persons that engage in business concerning foods, etc.;

3. Persons recommended by civic groups;

4. Persons recommended by the trade association under Article 59 or
recommended by the Korea Food Industry Association (hereinafter referred to as
the "Food Sanitation Organization") under Article 64;

5. Persons who have abundant knowledge and experience concerning
food sanitation.

(3) The term of
office of members of the Deliberation Committee shall be two years, but a
public official member shall be in office while he/she is in office in the
position. Provided, That where a vacancy occurs, the term of office of the
member appointed to fill such vacancy shall be the remaining period of his/her
predecessor. Aug. 4, 2011>

(4) The
Deliberation Committee may have research members who investigate and study the
international standards and specifications of foods, etc.

(5) Duties of
research members mentioned in paragraph (4) shall be as follows: Provided, that
relevant duties performed pursuant to other Acts and subordinate statutes shall
be excluded herefrom: No. 10787, Jun. 7, 2011; Act No. 11000, Aug. 4, 2011>

1. Examination and research of standards and specifications
prescribed by the Codex Alimentarius Commission;

2. Bilateral collaboration with foreign governments, related
consumer organizations and international organizations as necessary for the
investigation and research of international food standards;

3. Examination and research of information and data concerning the
foreign standards and specifications of foods;

4. Other matters prescribed by Presidential Decree as equivalent to
those falling under subparagraphs 1 through 3.

(6) Except as
otherwise expressly provided in this Act, matters necessary for the
organization and operation of the Deliberation Committee shall be prescribed by
Presidential Decree.

Article 59 (Incorporation)

(1) A business
operator may incorporate a trade association (hereinafter referred to as
"trade association") by type of business or foods determined by
Presidential Decree, in order to contribute to the development of business and
the improvement of the public health.

(2) A trade
association shall be a corporation.

(3) In order to
incorporate a trade association, at least ten percent (20 persons, in cases of
more than 20 persons) of persons who are qualified for membership in the trade
association, as promoters, shall prepare its articles of association and obtain
authorization of the Minister of Food and Drug Safety for the incorporation. Mar. 23, 2013>

(4) A trade
association shall be duly formed on the date it obtains authorization for
incorporation under paragraph (3).

(5) A trade
association may have organizations under its control, under its articles of
association.

Article 60 (Projects of Trade Association)

Any trade
association shall conduct the following projects: by Act No. 9932, Jan. 18, 2010; Act No. 11000, Aug. 4, 2011; Act No. 11690,
Mar. 23, 2013>

1. Projects for the sound development of business and the common
interests of members;

2. Guidance on improving members' business facilities;

3. Guidance on management for members;

4. Education and training for members and their employees;

5. Projects for improving the welfare of members and their
employees;

6. Research and study projects entrusted by the Minister of Food and
Drug Safety;

7. Mutual aid projects to stabilize the livelihood and promote the
welfare of members;

8. Projects incidental to those under subparagraphs 1 through 5.

Article 60-2 (Establishment and Operation of Mutual Aid Organization
of Trade

Associations)

(1) Any trade
association may perform mutual aid projects upon establishment of a mutual aid
organization after obtaining authorization of the Minister of Food and Drug
Safety, in order to contribute to the stabilization of livelihood and the
promotion of welfare for members. 11690, Mar. 23, 2013>

(2) Members of a
mutual aid organization (hereinafter referred to as "Mutual Aid
Member") shall contribute the fund necessary for the mutual aid projects.

(3) Matters
necessary concerning procedures for granting authorization for establishment,
operation, etc. of the mutual aid organization shall be prescribed by
Presidential Decree:

(4) Where a trade
association intends to perform mutual aid projects under paragraph (1), it
shall obtain authorization of the Minister of Food and Drug Safety by
determining regulations concerning mutual aid, including matters necessary for
the operation of a mutual aid conference, such as matters concerning mutual aid
qualifications, standards for investment of money, methods of providing mutual
aid, the reserve fund for liability for covering mutual aid projects and the
reserve fund for emergency risk. The same shall also apply to any alteration to
the regulations concerning mutual aid. by Act No. 11690, Mar. 23, 2013>

Article 60-3 (Details of Mutual Aid Projects)

A mutual aid
organization shall perform the following projects:

1. Payment of the salary for mutual aid members;

2. Projects to improve the welfare benefits for mutual aid members;

3. Projects for raising fund;

4. Inspection, study or educational work to improve management of
business operators engaged in food sanitation;

5. Contribution to juristic persons, including food sanitation
organization, etc.;

6. Profit-making business prescribed by Presidential Decree
necessary for achieving the purpose of a mutual aid association.

Article 60-4 (Supervision over Mutual Aid Organizations)

(1) Where it is
necessary for supervision over mutual aid projects, the Minister of Food and
Drug Safety may receive a report on matters concerning business, order to
submit data or have any affiliated public official inspect books, papers and
other articles. 23, 2013>

(2) Public
officials, etc. who conduct an inspection or examination under paragraph (1)
shall produce a certificate indicating their authority to the relevant persons.

(3) Where the
operation of mutual aid projects of a trade association is inadequate or poor
asset condition is likely to harm the rights and interests of mutual aid
members, the Minister of Food and Drug Safety may order the trade association
to take necessary measures, such as changing methods of performing its duties,
changing an institution to deposit assets, handling loss of assets deemed to be
valueless, etc. 23, 2013>

(4) Where a trade
association fails to comply with an order for improvement under paragraph (3),
the Minister of Food and Drug Safety may request the dismissal or the
disciplinary action against the employees of the trade association.

Article 61 (Board of Representatives)

(1) If a trade
association has more than 500 members, it may have a board of representatives
which may replace a general meeting, as prescribed by the articles of
association.

(2)
Representatives shall be members of the relevant trade association.

Article 62 (Application Mutatis Mutandis of the Civil Act)

Except as otherwise
expressly provided in this Act concerning trade associations, the provisions
governing incorporated associations in the Civil Act shall apply mutatis
mutandis to trade associations.

Article 63 (Voluntary Advisors)

(1) Any trade
association may have voluntary advisors to efficiently conduct projects for
improving members' business facilities and guidance on management.

(2) Standards
necessary for the management and operation of trade associations shall be
prescribed by Presidential Decree.

Article 64 (Incorporation)

(1) The Korea
Food Industry Association (hereinafter referred to as the
"Association") shall be incorporated to develop the food industry and
improve food sanitation. 11000, Aug. 4, 2011>

(2) The
Association incorporated under paragraph (1) shall be a juristic person.

(3) Persons
eligible as the members of the Association shall be those who manufacture,
process, transport, sell or preserve foods or food additives, and others who
operate food-related industry from among business operators.

(4) Except as
otherwise expressly provided in this Act concerning the Association, the
provisions governing incorporated associations in the Civil Act shall apply
mutatis mutandis to the Association.

Article 65 (Projects of Association)

The Association shall
perform the following projects: 11000, Aug. 4, 2011>

1. Research and study on the food industry;

2. Tests and inspections of foods, food additives and raw materials
thereof;

3. Education concerning food sanitation;

4. Guidance concerning the improvement of business facilities of
those who manufacture, process, transport, sell or preserve foods or food
additives, among business operators;

5. Guidance on management for members;

6. Projects on food safety and promotion, support and nurture of the
food industry;

7. Projects incidental to those under subsaragraphs 1 through 5.

Article 66 (Application Mutatis Mutandis)

@Article 63 (1)
shall apply mutatis mutandis to the Association. In such cases, "trade
association" shall be construed as "Association", and
"members of a trade association" shall be construed as "members
of the Association."

Article 67 (Establishment of Korea Food Safety Information Service)

(1) The Korea
Food Safety Information Service (hereinafter referred to as the "Information
Service") shall be established to efficiently perform duties under the
subparagraphs of Article 68 (1), among duties concerning food traceability and
food safety under Article 49, upon the request of the Minister of Food and Drug
Safety. 2011; Act No. 11690, Mar. 23, 2013>

(2) The
Information Service shall be a corporation. by Act No. 11000, Aug. 4, 2011>

(3) Except as
otherwise expressly provided in this Act concerning the Information Service,
the provisons governing incorporated foundations in the Civil Act shall apply
mutatis mutandis to the Information Service. by Act No. 11000, Aug. 4, 2011>

Article 68 (Projects of Information Service)

(1) The
Information Service shall perform the following projects: Mar. 23, 2013>

1. Collection, analysis or provision of information concerning food
safety in Korea and overseas;

2. Establishment and operation of an information system for food
traceability;

3. Registration and management of food traceability;

4. Education and promotion concerning food traceability;

5. Swift investigations into the causes of accidents where food
accidents have occurred and the provision of information for recall and discard
of the relevant foods;

6. Establishment and operation of a cooperative network with
institutions, organizations and consumer groups for common utilization of
information on harmful foods and response thereto;

7. Other projects prescribed by the Minister of Food and Drug
Safety, which are related to information on food safety and food traceability.

(2) The Minister
of Food and Drug Safety may subsidize expenses incurred in establishing and
operating the Information Service. 11000, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

Article 69 (Submission of Project Plans, etc.)

(1) The
Information Service shall submit project plans and budget bills to the Minister
of Food and Drug Safety before the commencement of each business year, as
prescribed by Ordinance of the Prime Minister, and obtain approval therefor
from the Minister. 9932, Jan. 18, 2010; Act No. 11000, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

(2) The
Information Service shall submit to the Minister of Food and Drug Safety the
written settlements of accounts concerning revenues and expenditures of each
business year, which have been inspected by certified public accountants
designated by the Minister of Food and Drug Safety, finalize such written
settlements after obtaining approval and report the outcomes thereof to the
National Assembly by no later than the end of May of the following business
year. 2011; Act No. 11690, Mar. 23, 2013>

Article 70 (Guidance, Supervision, etc.)

(1) The Minister
of Food and Drug Safety may require the Information Service to report matters
concerning its affairs or submit data, or issue other necessary orders, and
order public officials under his/her jurisdiction to inspect books and
documents by visiting offices, where necessary for supervision. Mar. 23, 2013>

(2) Public
officials who visit offices to inspect books, etc. under paragraph (1) shall
carry with them certificates that indicate their authority and show them to the
relevant persons.

(3) Matters
necessary for guidance and supervision of the Information Service shall be
prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11000, Aug. 4, 2011; Act No. 11690,
Mar. 23, 2013>

Article 70-2 (Establishment of Korea Food Safety Management
Certification Service)

(1) The Minister
of Food and Drug Safety shall establish the Korea Food Safety Management
Certification Service (hereinafter referred to as "Food Certification
Service") in order to efficiently conduct affairs concerning analysis of
hazardous elements in each process and each item of business establishments
adopting food safety management certification standards under Article 48,
technical support, certification, etc.

(2) The Food
Certification Service shall be a corporation.

(3) Except as
otherwise expressly provided in this Act, the provisions on the incorporated
foundation of the Civil Act shall apply mutatis mutandis to the Food
Certification Service

(4) Other
necessary matters concerning the organization, operation, etc. of the Food
Certification Service shall be prescribed by Presidential Decree.

Article 70-3 (Activities)

The Food
Certification Service shall conduct the following activities entrusted by the
Minister of Food and Drug Safety:

1. Technical support to business establishments, etc. adopting food
safety management certification standards;

2. Certification of business establishments adopting food safety
management certification standards;

3. Nurturing, education and training of professionals related to
food safety management certification standards;

4. Analysis of hazardous elements in each process and each item of
business establishments adopting food safety management certification
standards;

5. Collection, provision and publicity of information about food
safety management certification standards;

6. Survey and research activities on food safety management
certification standards;

7. Activities determined by the Minister of Food and Drug Safety,
which are matters concerning food safety management.

Article 70-4 (Submission of Business Plans, etc.)

(1) The business
year of the Food Certification Service shall coincide with the fiscal year of
the Government.

(2) The Food
Certification Service shall submit a business plan and a budget plan to the
Minister of Food and Drug Safety and obtain his/her approval before each
business year begins, as prescribed by Ordinance of the Prime Minister. The
foregoing shall also apply where it intends to alter the business plan and the
budget plan.

Article 70-5 (Application Mutatis Mutandis)

@Article 70 shall
apply mutatis mutandis to the guidance, supervision, etc. of the Minister of
Food and Drug Safety on the Food Certification Service. In such cases, the
"Information Services" shall be construed as the "Food
Certification Service".

Article 70-6 (Legal Fiction of Public Officials When Penal
Provisions Are Applied)

When Articles 129
through 132 of the Criminal Act are applied, executives and employees of the
Food Certification Service shall be deemed public officials.

Article 71 (Corrective Orders)

(1) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall
issue a corrective order to persons who fail to conduct business in accordance
with standards concerning the sanitary handling of foods, etc. under Article 3
and persons who fail to comply with this Act. by Act No. 11690, Mar. 23, 2013>

(2) When the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu issues a corrective order under paragraph (1), he/she may notify the
head of the administrative agency in charge of the relevant business thereof
and request him/her to provide cooperation for such corrective order to be
implemented. 23, 2013>

(3) Upon receipt
of a request under paragraph (2), the head of the relevant administrative
agency shall comply with such request unless extenuating circumstances exist to
the contrary, and notify the head of the administrative agency that has made
such request of the results of the measures taken without delay.

Article 72 (Dispositions of Discard)

(1) Where a
business operator violates Articles 4 through 6, Article 7 (4), 8, 9 (4), 10
(2), 12-2 (2) or 13, the Minister of Food and Drug Safety, a Mayor/Do Governor,
or the head of a Si/Gun/Gu shall have the relevant public officials seize or
discard such foods, etc., or order business operators to take measures to
eliminate any harm by determining the use or methods of processing such foods,
etc. 2011; Act No. 11690, Mar. 23, 2013>

(2) The Minister
of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may
order the relevant public officials to seize or discard foods or food additives
manufactured, processed or cooked without obtaining a license or filing a
report or registration, in violation of Article 37 (1), (4) or (5), or
apparatus, containers or packages used therefor. by Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013>

(3) Where foods,
etc. in circulation have caused or are likely to cause any harm to food
sanitation, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the
head of a Si/Gun/Gu may order the relevant business operator to recall and
discard such foods, etc. or change the raw materials, manufacturing methods,
ingredients or the mixing ratio of such foods, etc. by Act No. 11690, Mar. 23, 2013>

(4) Any public
official who seizes or discards foods, etc. under paragraphs (1) and (2) shall
carry with him/her a certificate indicating his/her authority and show it to
relevant persons.

(5) Necessary
matters for seizure or discard under paragraphs (1) and (2), and standards for
foods, etc. subject to recall and discard under paragraph (3) shall be
prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(6) Where any
person, who receives an order to discard foods, etc. under paragraph (1), fails
to comply with such order, the Minister of Food and Drug Safety, a Mayor/Do
Governor, or the head of a Si/Gun/Gu may execute vicarious administration under
the Administrative Vicarious Execution Act and collect expenses incurred in
such execution from the violator. 11690, Mar. 23, 2013>

Article 73 (Public Announcement of Harmful Foods, etc.)

(1) In any of the
following cases, the Minister of Food and Drug Safety, a Mayor/Do Governor or
the head of a Si/Gun/Gu may order the relevant business operator to publicly
announce such fact: Provided, That where any harm has been caused to food
sanitation, he/she shall order the relevant business operator to publicly
announce such fact: 11690, Mar. 23, 2013>

1. Where it is deemed that any harm has been caused to food
sanitation, in violation of Article 4 through 6, 7 (4), 8 or 9 (4);

2. Where a report on recall plans is submitted under Article 45 (1).

(2) Necessary
matters concerning public announcement under paragraph (1), such as methods,
shall be prescribed by Presidential Decree.

Article 74 (Order, etc. to Repair Facilities)

(1) Where
business facilities fail to meet standards for facilities under Article 36, the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu may order the relevant business operator to repair such facilities
within a fixed period. 11690, Mar. 23, 2013>

(2) Where the owner
of a building is not a business operator, etc., he/she shall fully cooperate
with the business operator, etc. who receives an order to repair facilities
under paragraph (1), in repairing such facilities.

Article 75 (Cancellation, etc. of License)

(1) Where a
business operator falls under any of the following subparagraphs, the Minister
of Food and Drug Safety, the Governor of a Special Self-Governing Province or
the head of a Si/Gun/Gu may cancel his/her business license or registration, as
prescribed by Presidential Decree, suspend all or some of the relevant business
within the fixed period of up to six months or issue an order to close down
his/her place of business (limited to business notified under Article 37 (4);
hereinafter the same shall apply in this Article): by Act No. 10022, Feb. 4, 2010; Act No. 10787, Jun. 7, 2011; Act No. 11690,
Mar. 23, 2013; Act No. 11986, Jul. 30, 2013; Act No. 12719, May 28, 2014>

1. Where he/she violates Articles 4 through 6, Article 7 (4), 8, 9
(4), 10 (2), 11 (2) or 12-2 (2);

2. Where he/she violates Article 13 (1);

3. Where he/she violates Article 17 (4);

4. Where he/she violates Article 19 (1);

4-2. Where he/she files a false report or fails to report on
revisions, in violation of Article 19 (5);

5. Where he/she violates Article 31 (1);

6. Where he/she violates Article 36;

7. Where he/she violates the latter part of Article 37 (1), (3), the
latter part of (4) or (6), or any condition under Article 37 (2);

7-2. Where he/she fails to report on revisions under Article 37 (5)
or violates the proviso to the same paragraph;

8. Where he/she falls under Article 38 (1) 8;

9. Where he/she violates Article 40 (3);

10. Where he/she violates Article 41 (5);

11. Where he/she violates Article 42 (1);

12. Where he/she violates restrictions on businesses under Article
43;

13. Where he/she violates Article 44 (1), (2) or (4);

14. Where he/she fails to take measures to recall foods, etc. under
the former part of Article 45 (1);

14-2. Where he/she fails to report a plan for recall under the
latter part of Article 45 (1), or files a false report;

15. Where he/she fails to observe food safety management
certification standards under Article 48 (2);

15-2. Where he/she fails to register food traceability under the
proviso to Article 49 (1);

16. Where he/she violates Article 51 (1);

17. Where he/she violates an order under Article 71 (1), 72 (1) or
(3), 73 (1) or 74 (1) (including Article 71 (1), 72 (1) or (3) or 74 (1)
applicable mutatis mutandis to Article 88);

18. Where he/she commits an offence under Article 4 of the Act on
the Punishment of Acts of Arranging Sexual Traffic.

(2) Where a
business operator continues to conduct business, violating an order to suspend
business operations under paragraph (1), the Minister of Food and Drug Safety,
the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu
may cancel his/her business license or registration, or issue an order to close
down his/her place of business. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013>

(3) In any of the
following cases, the Minister of Food and Drug Safety, the Governor of a
Special Self-Governing Province or the head of a Si/Gun/Gu may cancel a
business license or registration, or issue an order to close down a place of
business: 2011; Act No. 11690, Mar. 23, 2013; Act No. 11873, Jun. 7, 2013>

1. Where a business operator suspends business operations for not
less than six months without any justifiable ground;

2. Where a business operator (limited to those who have obtained a
business license under Article 37 (1)) notifies the head of the competent tax
office of the business closure under Article 8 of the Value-Added Tax Act after
closing down business or the head of the competent tax office cancels his/her
business registration.

(4) Detailed
standards for administrative dispositions under paragraphs (1) and (2) shall be
prescribed by Ordinance of the Prime Minister, in consideration of the types or
degrees of violation. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 76 (Suspension, etc. of Manufacturing Products)

(1) Where a
business operator falls under any of the following subparagraphs, the Minister
of Food and Drug Safety, the Governor of a Special Self-Governing Province or
the head of a Si/Gun/Gu may issue an order to suspend the manufacturing of the
relevant products or kinds of products (referring to all products manufactured
or processed in accordance with the same standards and specifications as those
of foods, etc. determined under Article 7 or 9; hereinafter the same shall
apply) within a fixed period of up to six months, as prescribed by Presidential
Decree: 2011; Act No. 11690, Mar. 23, 2013>

1. Where he/she violates Article 7 (4);

2. Where he/she violates Article 9 (4);

3. Where he/she violates Article 10 (2);

3-2. Where he/she violates Article 12-2 (2);

4. Where he/she violates Article 13 (1);

5. Where he/she violates Article 31 (1).

(2) Detailed
standards for administrative dispositions under paragraph (1) shall be
prescribed by Ordinance of the Prime Minister, in consideration of the types or
degrees of violation. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 77 (Request for Cancellation of Business Licenses, etc.)

(1) Where any
person who has obtained a permit or a license under the Livestock Products
Sanitary Control Act, the Fisheries Act or the Liquor Tax Act violates Articles
4 through 6 or Article 7 (4), the Minister of Food and Drug Safety may request
the head of the central administrative agency in charge of the relevant permit
or license to take any of the following measures: Provided, That alcoholic
beverages shall be limited to cases falling under standards concerning harm,
etc. under Article 8 of the Act on Special Measures for the Control of Public
Health Crimes: 2010; Act No. 10310, May 25, 2010; Act No. 11690, Mar. 23, 2013>

1. Cancellation of full or some of a permit or a license;

2. Suspension of business operations during a specific period;

3. Other measures necessary for sanitation.

(2) Upon receipt
of a request for cancellation of business license, etc. under paragraph (1),
the head of the relevant central administrative agency shall comply with such
request unless extenuating circumstances exist to the contrary, and notify the
Minister of Food and Drug Safety of the outcomes of the measures taken without
delay. 2011; Act No. 11690, Mar. 23, 2013>

Article 78 (Succession to Effects of Administrative Sanctions)

Where a business
operator transfers his/her business to any other person or where corporations
are merged, the effects of administrative sanctions on the previous business
operator due to a violation of each subparagraph of Article 75 (1), (2) or each
subparagraph of Article 76 (1), shall be succeeded to the relevant transferee
or corporation surviving a merger for one year after the date on which the
period for sanctions expires, and, when procedures for administrative sanctions
remain in place, such procedures may remain in place for the relevant
transferee or corporation surviving a merger: Provided, That the same shall not
apply in cases where a transferee or corporation surviving a merger proves that
he/she/it has been unaware of such sanction or violation at the time of the
transfer or merger.

Article 79 (Measures for Closure, etc.)

(1) Where any
person conducts business without obtaining a license or filing a notification
or registration in violation of Article 37 (1), (4) or (5), or continues to
conduct business after his/her license or registration is cancelled or he/she
is issued an order to close down his/her place of business under Article 75 (1)
or (2), the Minister of Food and Drug Safety, a Mayor/Do Governor or the head
of a Si/Gun/Gu may order the relevant public officials to take any of the
following measures to close down the relevant place of business: Mar. 23, 2013>

1. Removing or eliminating marking of the relevant place of
business, such as signboards;

2. Posting a notice showing that the relevant place of business is
an illegal place of business;

3. Sealing to make the relevant business facilities and apparatuses
unavailable.

(2) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may
eliminate a seal, where it is no longer necessary to maintain the seal after
affixing it under paragraph (1) 3, when a person conducting the relevant
business or his/her agent promises to close down the relevant place of business
or when he/she requests the elimination of the seal with justifiable grounds.
The same shall apply to a notice under paragraph (1) 2.

(3) Where the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu intends to take measures under paragraph (1), he/she may give prior
written notice to a person conducting the relevant business or his/her agent:
Provided, That the same shall not apply where urgent grounds exist.

(4) Measures
under paragraph (1) shall be limited to the minimum degree necessary to have a
business operator discontinue the relevant business.

(5) In cases
falling under paragraph (1), the relevant public official shall carry with
him/her a certificate indicating his/her authority and show it to the relevant
persons.

Article 80 (Cancellation of Licenses, etc.)

(1) Where a cook
falls under any of the following subparagraphs, the Minister of Food and Drug
Safety, the Governor of a Special Self-Governing Province or the head of a
Si/Gun/Gu may cancel his/her license or issue an order to suspend business
operations within a fixed period of up to six months: Provided, That he/she
shall cancel the relevant license, where a cook falls under subparagraph 1 or
5: 2010; Act No. 10191, Mar. 26, 2010; Act No. 11690, Mar. 23, 2013>

1. Where he/she falls under any subparagraph of Article 54;

2. Where he/she fails to receive education under Article 56;

3. Where he/she is responsible for food poisoning or a serious
accident related to sanitation;

4. Where he/she lends his/her license to a third party;

5. Where he/she performs the duties of a cook during the period of
business suspension.

(2) Detailed
standards for administrative dispositions under paragraph (1) shall be
prescribed by Ordinance of the Prime Minister, in consideration of the types
and degrees of violation. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 81 (Hearings)

Where the Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu intends
to take any of the following measures, he/she shall hold a hearing: Mar. 23, 2013; Act No. 12719, May 28, 2014>

1. Cancellation of registration of an agent for reporting imported
foods;

1-2. Deleted; 30, 2013>

2. Revocation of the certification of a business establishment
adopting food safety management certification standards under Article 48 (8);

3. Revocation of a business license or registration, or an order to
close down a business under Article 75 (1) through (3);

4. Cancellation of a license under Article 80 (1).

Article 82 (Imposition of Penalty Surcharges in lieu of Business
Suspension, etc.)

(1) Where a
business operator falls under any subparagraph of Article 75 (1) or 76 (1), the
Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu may impose penalty surcharges not exceeding 200 million won on the
relevant business operator, instead of suspension of business, suspension of
manufacturing products or suspension of manufacturing the kinds of products, as
prescribed by Presidential Decree: Provided, That the same shall not apply
where a business operator violates Article 6, falling under Article 75 (1), or
violates Articles 4, 5, 7, 10, 12-2, 13, 37, 42 through 44, falling under
Article 75 (1) or 76 (1), which are prescribed by Ordinance of the Prime
Minister. 2010; Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013>

(2) The amounts
of penalty surcharges, depending on the types or degrees of violation subject
to penalty surcharges under paragraph (1), and other necessary matters shall be
prescribed by Presidential Decree.

(3) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may
submit a written request that states the following information to the head of
the competent tax office to receive taxation information, if necessary for
imposing penalty surcharges: 11690, Mar. 23, 2013>

1. Personal information of taxpayers;

2. Purpose of use;

3. Amounts of sales which become standards for the imposition of
penalty surcharges.

(4) Where a business
operator fails to pay a penalty surcharge under paragraph (1) by a deadline,
the Minister of Food and Drug Safety, a Mayor/Do Governor or the head of a
Si/Gun/Gu shall revoke the imposition of the penalty surcharge under paragraph
(1) as prescribed by Presidential Decree, and impose sanctions of the
suspension of business or the suspension of manufacturing under Article 75 (1)
or 76 (1), or collect such penalty surcharge in the same manner as delinquent
national taxes are collected or pursuant to the Act on the Collection, etc. of
Local Non-Tax Revenue: Provided, That in any of the following cases, penalty
surcharges shall be collected in the same manner as delinquent national taxes
are collected or pursuant to the Act on the Collection, etc. of Local Non-Tax
Revenue: 2011; Act No. 11690, Mar. 23, 2013; Act No. 11985, Jul. 30, 2013; Act No.
11998, Aug. 6, 2013>

1. Deleted; 30, 2013>

2. Where it is impracticable to suspend business operations or manufacturing
under Article 75 (1) or 76 (1) due to business closure under Article 37 (3),(4)
and (5).

(5) Penalty
surcharges collected and imposed by the Minister of Food and Drug Safety
pursuant to paragraph (1) and the proviso to paragraph (4), shall be vested in
the State, penalty surcharges collected and imposed by a Mayor/Do Governor
shall be vested in the Food Promotion Fund (referring to the Food Promotion
Fund under Article 89; hereafter the same shall apply in this paragraph) of the
relevant City/Do and penalty surcharges collected and imposed by the head of a
Si/Gun/Gu shall be vested in the Food Promotion Fund of the relevant City/Do or
Si/Gun/Gu. In such cases, methods, etc. of vesting the penalty surcharges in
Cities/Dos or Sis/Guns/Gus shall be prescribed by Presidential Decree.

(6) Where a
Mayor/Do Governor entrusts the authority to collect and impose penalty
surcharges under paragraph (1) to the head of a Si/Gun/Gu in accordance with
Article 91, he/she may grant expenses incurred in the collection or imposition
to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Article 83 (Imposition of Penalty Surcharges due to Sale, etc. of
Harmful Foods, etc.)

(1) Where
Articles 4 through 6, Article 8 or 13 concerning prohibition against sale of
harmful foods, etc. is violated, the Minister of Food and Drug Safety, a
Mayor/Do Governor or the head of a Si/Gun/Gu shall impose penalty surcharges
equivalent to the retail prices of the relevant foods, etc. sold on any of the
following persons: 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11986, Jul. 30, 2013>

1. A person who receives an order to suspend business operations for
not less than two months, revoke a business license or registration or close
down a business under Article 75, in violation of subparagraph 2 or 3 or
subparagraphs 5 through 7 of Article 4;

2. A person whose business license or registration is revoked, or
who receives an order to close down a business under Article 75, in violation
of Article 5, 6 or 8;

3. A person who is subject to the order of the suspension of his/her
business for at least two months, whose permission to conduct business and
registration are revoked or who receives an order to close down his/her place
of business pursuant to Article 75, in violation of Article 13 (1) 1.

(2) The amount of
penalty surcharges under paragraph (1) shall be determined and imposed, as
prescribed by Presidential Decree.

(3) Where a
business operator fails to pay a penalty surcharge imposed under paragraph (2)
by a deadline or close down a business under Article 37 (3), (4) and (5), such
penalty surcharge shall be collected in the same manner as delinquent national
taxes are collected or pursuant to the Act on the Collection, etc. of Local
Non-Tax Revenue. 2011; Act No. 11998, Aug. 6, 2013>

(4) Article 82
(3), (5) and (6) shall apply mutatis mutandis to the devolvement of penalty
surcharges imposed under paragraph (2), the ratio of devolvement and procedures
for collection of penalty surcharges.

Article 84 (Publication of Violations)

The Minister of
Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu shall
publicize business information related to dispositions, such as details of
dispositions imposed on business operators, for whom administrative
dispositions are determined under Article 72, 75, 76, 79, 82 or 83, or the
trade names of the relevant businesses and foods, etc., as prescribed by
Presidential Decree. 11690, Mar. 23, 2013>

Article 85 (State Subsidies)

The Minister of
Food and Drug Safety may subsidize all or some of the following expenses within
budgetary limits: 2010; Act No. 11000, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013>

1. Expenses incurred in relation to collection under Article 22 (1)
(including cases applicable mutatis mutandis under Article 88);

2. Deleted; 30, 2013>

3. Expenses incurred in providing education and training by a trade
association;

4. Expenses incurred in employing food sanitation supervisors under
Article 32 (1) and private food sanitation supervisors under Article 33;

5. Expenses incurred in establishing and operating the Information
Service;

6. Expenses incurred in conducting investigations and research under
subparagraph 6 of Article 60;

7. Expenses incurred in employing voluntary advisors of a trade
association or the Association under Article 63 (1) (including cases applicable
mutatis mutandis under Article 66);

8. Expenses incurred in discarding foods, etc. under Article 72
(including cases applicable mutatis mutandis under Article 88).

Article 86 (Investigations into and Reporting on Food Poisoning)

(1) Any of the
following persons shall report to the head of the competent Si (including an
administrative city under the Special Act on the Establishment of Jeju Special
Self-Governing Province and the Development of Free International City;
hereafter the same shall apply in this Article)/Gun/Gu, without delay. In such
cases, doctors or hurb doctors shall take necessary measures to retain the
blood or excreta of patients suffering from food poisoning or persons suspected
of suffering from food poisoning, as prescribed by Presidential Decree:

1. A doctor or herb doctor who has diagnosed patients suffering from
food poisoning or persons suspected of suffering from food poisoning or
conducted the examination of the dead bodies thereof;

2. A founder or operator of meal service facilities, who discovers
patients suffering from food poisoning or persons showing symptoms suspected of
food poisoning due to foods, etc. provided by such facilities.

(2) The head of a
Si/Gun/Gu shall, upon receipt of a report under paragraph (1), report such fact
to the Minister of Food and Drug Safety and the competent Mayor/Do Governor,
without delay, and investigate the causes of food poisoning and report the
results thereof, as prescribed by Presidential Decree. Mar. 23, 2013; Act No. 11819, May 22, 2013>

(3) Where it is
deemed that any matter reported under paragraph (2) is important in public
health, the Minister of Food and Drug Safety may investigate the causes of food
poisoning jointly with the competent Mayor/Do Governor or head of a Si/Gun/Gu.

(4) The Minister
of Food and Drug Safety may determine the procedures for investigating
facilities, where patients suspected of suffering from food poisoning are
discovered, and necessary matters concerning the examination and inspection
thereof, so as to find out the causes of food poisoning.

Article 87 (Establishment of Council on Food Poisoning
Countermeasures)

(1) The Minister
of Food and Drug Safety shall establish and operate the Council on Food
Poisoning Countermeasures that consist of the Ministry of Education, the
Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and
Welfare, the Ministry of Environment, the Ministry of Oceans and Fisheries, the
Ministry of Food and Drug Safety, and Cities/Dos, so as to efficiently prevent
food poisoning and stop the spread thereof. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(2) The
organization of the Council on Food Poisoning Countermeasures under paragraph
(1) and detailed matters on the operation thereof shall be prescribed by
Presidential Decree.

Article 88 (Meal Service Facilities)

(1) Any person
who intends to establish and operate meal service facilities shall notify the
Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as
prescribed by Ordinance of the Prime Minister. by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

(2) Any person
who establishes and operates meal service facilities shall observe the
following matters, so as to manage meals in a sanitary manner, including the
maintenance or management of meal service facilities: Mar. 23, 2013>

1. To throughly manage sanitation to ensure that no patients are
suffering from food poisoning;

2. To preserve a serving of foods cooked and offered each time for
not less than 144 hours, as prescribed by Ordinance of the Prime Minister;

3. Not to obstruct the duties of dieticians, if any;

4. To comply with a request made by dieticians, if any, for
sanitation management of meal service facilities, unless an extenuating
circumstance exists to the contrary;

5. To follow other matters prescribed by Ordinance of the Prime
Minister for the sanitary management of foods, etc.

(3) Articles 3
through 6, 7 (4), 8, 9 (4), 10 (2), 22, 40, 41, 48, 71, 72 and 74 shall apply
mutatis mutandis to meal service facilities.

(4) Standards for
meal service facilities and other matters concerning the operation thereof
shall be prescribed by Ordinance of the Prime Minister. Mar. 23, 2013>

Article 89 (Food Promotion Fund)

(1) A Food
Promotion Fund (hereinafter referred to as "Fund") shall be
established in each City/Do or Si/Gun/Gu, so as to make up for financial
resources necessary for conducting projects for improving food sanitation and
the national nutritional level.

(2) The financial
resources of a Fund shall be as follows:

1. Contributions from food sanitation organizations;

2. Penalty surcharges collected under Articles 82 and 83 of this Act
or Article 37 of the Functional Health Foods Act;

3. Proceeds from the operation of the Fund;

4. Other revenues prescribed by Presidential Decree.

(3) The funds of
a Fund shall be used for the following projects: by Act No. 10191, Mar. 26, 2010>

1. Loan projects for improving sanitation management facilities and
sanitation equipment and facilities of business operators (including business
operators under the Functional Health Foods Act);

2. Projects for education and public relations (including the
support of education and public relations of consumer organizations) concerning
food sanitation and support of education and activities of customer food
sanitation supervisors;

3. Projects for investigations and research of food sanitation and
nutrition control under the National Nutrition Control Act (hereinafter
referred to as "nutrition control");

4. Support for the payment of monetary rewards under Article 90;

5. Promotion and support of educational or research institutes
concerning food sanitation;

6. Support of projects for improving food culture and practicing
good dieting;

7. Loan projects for repairing or maintaining meal service
facilities (limited to catering service facilities);

8. Other projects concerning food sanitation, nutrition control, the
promotion of the food industry or health functional foods, which are prescribed
by Presidential Decree.

(4) Each Fund
shall be managed and operated by the relevant Mayor/Do Governor or the head of
the relevant Si/Gun/Gu, and necessary matters shall be prescribed by
Presidential Decree.

Article 90 (Payment of Monetary Rewards)

(1) The Minister
of Food and Drug Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu may pay
monetary rewards of up to ten million won to a person who has reported any
violation of this Act, for each case reported. by Act No. 11690, Mar. 23, 2013>

(2) Matters
necessary for standards, methods and procedures for the payment of monetary
rewards under paragraph (1) shall be prescribed by Presidential Decree.

Article 90-2 (Information Disclosure)

(1) The Minister
of Food and Drug Safety shall endeavor to disclose information that needs to be
opened to the public, among information concerning the safety of foods, which
is held or managed by the Ministry of Food and Drug Safety, to the extent not
violating the provisions of the Official Information Disclosure Act.

(2) Matters
necessary for the scope of information provided pursuant to paragraph (1), or
methods and procedures for providing information shall be prescribed by
Presidential Decree.

Article 91 (Entrustment of Authority)

@Part of the
authority of the Minister of Food and Drug Safety vested under this Act may be
entrusted to a Mayor/Do Governor or the head of a regional Korea Food and Drug
Administration, as prescribed by Presidential Decree, and part of the authority
of a Mayor/Do Governor may be entrusted to the head of a Si/Gun/Gu or the head
of a health center, respectively. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>

Article 92 (Fees)

Any of the
following persons shall pay fees prescribed by Ordinance of the Prime Minister: Mar. 26, 2010; Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act
No. 11986, Jul. 30, 2013; Act No. 12719, May 28, 2014>

1. A person who requests the establishment of residue limit
standards of pesticides and veterinary drugs under Article 7-3 (2);

1-2. A person who applies for deliberation on labels and
advertisements under Article 12-3;

2. A person who undergoes a safety evaluation under Article 18;

3. A person who undergoes an examination under Article 19 (2) or who
applies for prior confirmation and registration of imported foods, etc. under
Article 19 (3) 1;

3-2. A person who registers as an agent for reporting imported foods
under Article 19-2;

4. Deleted; 30, 2013>

5. A person who obtains a license or files a notification or
registration under Article 37;

6. A person who applies for designation as a business adopting HACCP
under Article 48 (3) (including cases applicable mutatis mutandis under Article
88);

7. A person who applies for registration of food traceability under
Article 49 (1);

8. A person who obtains a cooking license under Article 53;

9. A person who notifies the establishment and operation of meal
service facilities under Article 88.

Article 92 (Fees)

Any of the
following persons shall pay fees prescribed by Ordinance of the Prime Minister: Mar. 26, 2010; Act No. 10787, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013; Act
No. 11986, Jul. 30, 2013; Act No. 12719, May 28, 2014>

1. A person who requests the establishment of residue limit
standards of pesticides and veterinary drugs under Article 7-3 (2);

1-2. A person who applies for deliberation on labels and advertisements
under Article 12-3;

2. A person who undergoes a safety evaluation under Article 18;

3. A person who undergoes an examination under Article 19 (2) or who
applies for prior confirmation and registration of imported foods, etc. under
Article 19 (3) 1;

3-2. A person who registers as an agent for reporting imported foods
under Article 19-2;

3-3. A person who makes a request for reinspection under Article 23
(2); <2015>>

4. Deleted; 30, 2013>

5. A person who obtains a license or files a notification or
registration under Article 37;

6. A person who applies for certification as a business
establishment adopting food safety management certification standards under
Article 48 (3) (including cases applicable mutatis mutandis under Article 88);

7. A person who applies for registration of food traceability under
Article 49 (1);

8. A person who obtains a cooking license under Article 53;

9. A person who notifies the establishment and operation of meal
service facilities under Article 88.

Article 93 (Penal Provisions)

(1) Any person
who manufactures, processes, imports, or cooks foods or food additives for sale
by using animals that have suffered from any of the following diseases shall be
punished by imprisonment for not less than three years:

1. Bovine Spongiform Encephalopathy;

2. Anthrax;

3. Avian Influenza.

(2) Any person
who manufactures, processes or cooks foods or food additives for sale by using
any of the following raw materials or ingredients shall be punished by imprisonment
for not less than one year: 10787, Jun. 7, 2011>

1. Ephedra herb;

2. Oriental Aconite;

3. Aconite;

4. Aconitum seoulense;

5. Aconiti koreani Rhizoma;

6. Toad Venom;

7. Dictamni Radias Cortex;

8. Henbane leaf.

(3) Where a
business operator sells foods or food additives that have been manufactured,
processed, imported, or cooked under paragraphs (1) and (2), a fine of not less
than two times the relevant retail price and not more than five times the
relevant retail price shall be imposed in parallel. by Act No. 10787, Jun. 7, 2011>

(4) Where a
person falls under paragraph (3), who has committed a crime under paragraph (1)
or (2) again within five years after he/she had been sentenced to punishment
for the crime under paragraph (1) or (2) and his/her sentence was decided,
he/she shall be sentenced to heavy punishment up to double the punishment
provided in paragraph (3). No. 11986, Jul. 30, 2013>

Article 94 (Penal Provisions)

(1) Any of the
following persons may be punished by imprisonment for not more than ten years
or by a fine not exceeding 100 million won, and imprisonment and a fine may be
imposed concurrently: 11986, Jul. 30, 2013; Act No. 12496, Mar. 18, 2014>

1. A person who violates Articles 4 through 6 (including cases
applicable mutatis mutandis under Article 88 and excluding cases falling under
Article 93 (1) and (3));

2. A person who violates Article 8 (including cases applicable
mutatis mutandis under Article 88);

2-2. A person who violates Article 13 (1) 1;

3. A person who violates Article 37 (1).

(2) Any person
who commits a crime under paragraph (1) again within five years after he/she
was sentenced to punishment for the crime under paragraph (1) and his/her
sentence was decided shall be punished by imprisonment for not less than one
year nor more than seven years. No. 11986, Jul. 30, 2013>

(3) In cases
under paragraph (2), when the person sells the relevant food or food additive,
he/she shall be punished by a fine not less than four times nor more than ten
times the retail price thereof in parallel. Inserted by Act No. 11986, Jul. 30, 2013>

Article 95 (Penal Provisions)

Any of the
following persons may be punished by imprisonment for not more than five years
or by a fine not exceeding 50 million won, and imprisonment and a fine may be
imposed in parallel: 11986, Jul. 30, 2013>

1. A person who violates Article 7 (4) (including cases applicable
mutatis mutandis under Article 88), 9 (4) (including cases applicable mutatis
mutandis under Article 88), 13 (1) 2 through 5 or 19 (1);

2. Deleted; 30, 2013>

2-2. A person who violates Article 37 (5);

3. A person who violates restrictions on business under Article 43;

4. A person who violates an order under Article 72 (1) or (3)
(including cases applicable mutatis mutandis under Article 88) or 73 (1);

5. A person who continues to conduct business, violating an order to
suspend business operations under Article 75 (1) (limited to a person who has
obtained a business license under Article 37 (1)).

Article 96 (Penal Provisions)

Any person who
violates Article 51 or 52 may be punished by imprisonment for not more than
three years or by a fine not exceeding 30 million won, and imprisonment and a
fine may be imposed in parallel.

Article 97 (Penal Provisions)

Any of the
following persons shall be punished by imprisonment for not more than three
years or by a fine not exceeding 30 million won: by Act No. 9932, Jan. 18, 2010; Act No. 10787, Jun. 7, 2011; Act No. 11690,
Mar, 23, 2013; Act No. 11986, Jul. 30, 2013>

1. A person who violates Article 10 (2) (including cases applicable
mutatis mutandis under Article 88), 12-2 (2), 17 (4), 31 (1), 34 (4), 37 (3) or
(4), 39 (3), 48 (2) or (10), the proviso to Article 49 (1) or 55;

2. A person who refuses, obstructs or evades inspection, visit,
collection, seizure or discard under Article 19 (2), 22 (1) (including cases
applicable mutatis mutandis under Article 88) or 72 (1) and (2) (including
cases applicable mutatis mutandis under Article 88);

3. A person who commits a violation falling under Article 20 (4) 1
through 3;

4. A business operator who fails to meet the standards for
facilities under Article 36;

5. A business operator who fails to meet a condition under Article
37 (2);

6. A person who fails to comply with a matter that business
operators should observe under Article 42 (1) or 44 (1): Provided, That a person
who violates insignificant matters prescribed by Ordinance of the Prime
Minister shall be excluded herefrom;

7. A person who continues to conduct business (limited to persons
who have filed a notification or registration under Article 37 (4) or (5)) in violation
of an order to suspend business operations under Article 75 (1), or who
continues to conduct business in violation of an order to close down the
business under Article 75 (1) and (2);

8. A person who violates an order to suspend manufacturing under
Article 76 (1);

9. A person who removes or damages a seal or notice, etc. posted by
the relevant public official without permission under Article 79 (1).

Article 98 (Penal Provisions)

Any of the
following persons shall be punished by imprisonment for not more than one year
or by a fine not exceeding ten million won: by Act No. 10787, Jun. 7, 2011; Act No. 12496, Mar. 18, 2014>

1. A person who provides entertainment services or requests other
persons to provide such services, in violation of Article 44 (3);

2. A person who submits a false report after receiving a
notification on the detection of a foreign substance from a customer, in
violation of Article 46 (1);

3. A person who falsely notifies the detection of a foreign
substance;

4. A person who fails to report or submits a false report, in
violation of the latter part of Article 45 (1).

Article 99 Deleted. 30, 2013>

Article 100 (Joint Penal Provisons)

If the
representative of a juristic person, or an agent, an employee or any other
person employed by a juristic person or individual commits any act prescribed
in Article 93 (3) or Articles 94 through 97, in connection with the duties of
the said juristic person or individual, not only shall the offender be punished
accordingly, but the juristic person or individual shall also be punished by a
fine under the respective provisions, and any juristic person or individual,
who commits a violation under Article 93 (1), shall be punished by a fine not
exceeding 150 million won and any juristic person or individual, who commits a
violation under Article 93 (2), shall be punished by a fine not exceeding 50
million won: Provided, That the same shall not apply in cases where the
juristic person or individual has not neglected to exercise due diligence and
supervision over the relevant duties in order to prevent such violation.

Article 101 (Administrative Fines)

(1) Any of the
following persons shall be punished by an administrative fine not exceeding 10
million won:

1. A person who fails to comply with the standards for nutrition
labelling, in violation of Article 11 (2);

2. Deleted. 4, 2010>

(2) Any of the
following persons shall be punished by an administrative fine not exceeding
five million won: 2011>

1. A person who violates Article 3, 40 (1) or (3) (including cases
applicable mutatis mutandis under Article 88), 41 (1) or (5) (including cases
applicable mutatis mutandis under Article 88) or 86 (1);

1-2. A business operator who fails to receive education, in
violation of Article 19-3 (1);

1-3. A business operator who fails to undergo an inspection within
the inspection period or to submit data, etc., in violation of Article 19-4
(2);

1-4. A person who fails to file a report or submits a false report,
in violation of Article 31 (3);

2. A person who fails to report or submits a false report, in
violation of Article 34 (5);