Food traceability is currently compulsory for only a handful of items including infant foods. To strengthen the management of food safety and provision of information for consumers, the Amendment expands the scope of items subject to food traceability to an extent where it includes ‘foods for pregnant and breast-feeding women,’ ‘foods for special medical purposes,’ and ‘specially designed foods for weight control.’ The bill also allows for labels and advertisements of certificates received in relation to products by excluding them from the scope of false and exaggerated advertisements, thereby addressing and improving upon the weaknesses of the current system.

Partial Amendment to the Enforcement Rule of the Food Sanitation Act

Partially amend the Enforcement Rule of the Food Sanitation Act as follows.
In the main text of Article 8, paragraph 1, subparagraph 6 excluding the items, amend “certificates/letters of appreciation” to read “letters of appreciation,” and delete item (a) of the same subparagraph
 Newly insert Article 48, paragraph 2 as follows.
 ② Notwithstanding paragraph 1, in the case of succession, where the successor intends to file a declaration of status succession pursuant to paragraph 1 together with a notification of business closure pursuant to Article 44, he or she may not submit the documents under paragraph 1, subparagraphs 3 and 4.
Article 69-2, subparagraph 1 shall read as follows.
  1. Manufacturers and processors of infant formula, follow-up formula, cereal-based infant formula, and other baby foods
Amend Article 69-2, subparagraph 2 to read subparagraph 3, and newly insert subparagraph 2 in the same Article as follows.
  2. Manufacturers and processors of foods for pregnant and breast-feeding women, foods for special medical purposes, and specially designed foods for weight control
In the attached Table 15, subparagraph 2, amend “food manufacturing or processing business operators” to read “food manufacturing or processing business operators and livestock product processing business operators pursuant to Article 21, subparagraph 3 of the Enforcement Decree of the Livestock Products Sanitary Control Act,” and newly insert items H and I as follows.
  H. Processed egg products
  I. Processed milk products
In the attached Table 17, subparagraph 4, item D, amend “wastebaskets with lids” to read “wastebaskets with lids and paper cup collection stands, etc.”
In the attached Table 23. II. Individual Criteria 1. Food Manufacturing and Processing Businesses, etc., subparagraph 7, item K, newly insert 8) as follows.

  8) Where a label or advertisement shows an award or certificate in an untruthful manner
Business suspended for 7 days
Business suspended for 15 days
Business suspended for 1 month

In the attached Table 23. II. Individual Criteria 2. Food Sales Businesses, etc., subparagraph 7, item D, newly insert 5) as follows.

  5) Where a label or advertisement shows an award or certificate in an untruthful manner
Business suspended for 7 days
Business suspended for 15 days
Business suspended for 1 month

In the attached Table 26, subparagraph 3, item C, amend “890 won” to read “890 won (provided that the fee shall be waived where a modification is made to the particulars of a license pursuant to Article 81, paragraph 2 to change the name of a cook)”.
In the attachment to the attached Form 49, subparagraphs 3 and 4 shall read as follows.
  3. Certificate of training completion (only where education on food sanitation has been received in advance in accordance with the main text of Article 41, paragraph 2 of the Food Sanitation Act; provided that submission is not required for a successor who intends to file a declaration of status succession together with a notification of business closure pursuant to Article 44 of the Enforcement Rule of the Food Sanitation Act)
  4. Medical examination certificate (applies only to persons subject to medical examinations pursuant to Article 49 of the Enforcement Rule of the Food Sanitation Act; provided that submission is not required for a successor who intends to file a declaration of status succession together with a notification of business closure pursuant to Article 44 of the Enforcement Rule of the Food Sanitation Act)

Addenda

Article 1 (Enforcement Date) This Rule shall enter into force as of the day of promulgation, provided that the amended provisions of Article 69-2, subparagraph 2 shall enter into force as of the following dates.
  1. Manufacturers and processors whose sales in 2016 by food type in terms of foods for pregnant and breast-feeding women, foods for special medical purposes, and specially designed foods for weight control are at least 5 billion won: December 1, 2019
  2. Manufacturers and processors whose sales in 2016 by food type in terms of foods for pregnant and breast-feeding women, foods for special medical purposes, and specially designed foods for weight control are at least 1 billion won but less than 5 billion won: December 1, 2020
  3. Manufacturers and processors whose sales in 2016 by food type in terms of foods for pregnant and breast-feeding women, foods for special medical purposes, and specially designed foods for weight control are at least 100 million won but less than 1 billion won: December 1, 2021
  4. Manufacturers and processors whose sales in 2016 by food type in terms of foods for pregnant and breast-feeding women, foods for special medical purposes, and specially designed foods for weight control are less than 100 million won, and manufacturers and processors of foods for pregnant and breast-feeding women, foods for special medical purposes, and specially designed foods for weight control who have filed a business registration in accordance with Article 26-2 paragraph 1 of the Decree after 2017: December 1, 2022
Article 2 (Applicability of Fees) The amended provisions of the attached Table 26, subparagraph 3, item C shall apply starting from requests for modification of the particulars of cooking licenses submitted after the enforcement of this Rule.
Article 3 (Interim Measures Concerning Criteria for Administrative Measures) Notwithstanding the amended provisions of the attached Table 23, the criteria for taking administrative measures against violations committed prior to the enforcement of this Rule shall be in accordance with former provisions.