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  • Pre-Announcement of a Partial Amendment to the Enforcement Rules of the Act on Labeling and Advertising of Foods
    • Competent Ministry : Ministry of Food and Drug Safety
    • Advance Publication of Legislation : 2023-08-14
    • Opinion Submission Deadline : 2023-09-25

1. Reasons for Amendment

The current Rules prescribe that the type and content of a sugar alcohol and the precaution of “Excessive intake may cause diarrhea.” be indicated for products using sugar alcohols as the main raw material, but this amendment aims to improve the provisions so that consumers can more clearly check the warning signs on the side effects of excessive consumption of sugar alcohol-containing products, clearly mark the labeling so that consumers can easily and clearly recognize it, and clarify the relevant provisions so that the labeling does not overlap each other.

In the case of receiving an administrative disposition for unreasonable labeling/advertisement, the relevant advertisement is immediately stopped only for manufacturers/processors of food, livestock products, or health functional foods, but this amendment aims to revise the compliance requirements for advertising so that for the case where a business operator defined in the Act on Labeling and Advertising of Foods other than the manufacturers/processors receives an administrative disposition for unfair labeling and advertising, the relevant advertisement is immediately stopped, and to improve and supplement some of shortcomings that have emerged from the operation of the current system, such as for securing equity in dispositions and reducing consumer damage.


2. Major Provisions

A. Clarify labeling methods for food (Articles 5 through 7 and Attached Table 3)

ㅇ Require marking the label so that consumers can easily and clearly read labeling and marking each letter so that it does not overlap and that the letter is not covered by drawings or photos.

B. Improve labeling of the precaution on sugar alcohol-containing products (Attached Table 2)

ㅇ Improve the labeling of the caution for excessive consumption of sugar alcohol-containing foods so that consumers can clearly see the precautions for products containing sugar alcohol.

C. Expand the subjects of immediate suspension due to unfair advertising, etc. (Attached Table 6)

ㅇ Revise the compliance requirements for advertising so that the advertisement can be stopped immediately for a business operator subject to administrative disposition for unfair labeling and advertising.

D. Clarify the administrative disposition regulations for labels or advertisements that exceed the use-by dates (Attached Table 7)

ㅇ For the case where a label or advertisement exceeds the use-by date in a report on manufacturing items or an import declaration in addition to product manufacturing reports, clarify the administrative disposition for such violation.

Regulatory effect assessment
  • 식품 등의 표시ㆍ광고에 관한 법률 시행규칙(규제영향분석서)_20230809.hwp [download]
Legislative proposal (draft)
  • 식품 등의 표시ㆍ광고에 관한 법률 시행규칙 일부개정령안.hwpx [download]