Act On Origin Labeling Of Agricultural And Fishery Products


Published: 2011-11-22

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
CHAPTER I GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Act is to protect producers and consumers by guaranteeing the right of consumers to be informed and inducing fair trade by having the producers indicate the country of origin of agricultural and fishery products or the processed products thereof, etc. in an appropriate and reasonable manner.
law view
 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10885, Jul. 21, 2011>
1. The term "agricultural products" means agricultural products defined under subparagraph 6 (a) of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry;
2. The term "fishery products" means fishery products defined under defined under subparagraph 6 (b) of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry;
3. The term "agricultural and fishery products" means agricultural products and fishery products;
4. The term "place of origin" means a country, an area or waters where agricultural products or fishery products are produced, gathered or caught;
5. The term "food service business" means a food service business defined under Article 36 (1) 3 of the Food Sanitation Act;
6. The term "place of mass feeding" means a place of mass feeding defined under subparagraph 12 of Article 2 of the Food Sanitation Act;
7. The term "mail order sale" means mail order sale defined under subparagraph 2 of Article 2 of the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., which is prescribed by Presidential Decree (including cases where agricultural and fishery products are sold in the course of electronic commerce defined under subparagraph 1 of Article 2 of the same Act);
8. The definitions of terms used in this Act shall be as prescribed by the Agricultural and Marine Products Quality Control Act, the Food Sanitation Act, the Foreign Trade Act or the Processing of Livestock Products Act, except as expressly provided for in this Act.
law view
 Article 3 (Relationship with Other Acts)   print
This Act shall apply to labeling of the place of origin of agricultural and fishery products or the processed products thereof prior to other Acts: Provided, That Article 33 of the Foreign Trade Act shall apply to export and import agricultural and fishery products or the processed products thereof.
law view
 Article 4 (Deliberation on Country of Origin Labelling of Agricultural and Fishery Products)   print
The Agricultural and Marine Products Quality Control Deliberative Council referred to in Article 3 of the Agricultural and Marine Products Quality Control Act (hereinafter referred to as the "Deliberative Council") shall deliberate on matters concerning the country of origin labelling of agricultural products, fishery products and the processed products thereof under this Act, or rice, all types of kimchi and livestock products (referring to livestock products defined under subparagraph 2 of Article 2 of the Processing of Livestock Products Act; hereinafter the same shall apply) sold after cooked. <Amended by Act No. 10885, Jul. 21, 2011>
CHAPTER II COUNTRY OF ORIGIN LABELLING
law view
 Article 5 (Country of Origin Labelling)   print
(1) A person who intends to produce, process and ship, sell (including mail order sale; hereinafter the same shall apply), or store or display for the purpose of sale agricultural and fishery products prescribed by Presidential Decree or their process products, shall indicate the country of origin on the following:
1. Agricultural and fishery products;
2. Raw materials of the processed products of agricultural and fishery products.
(2) In any of the following cases, a country of origin label shall be deemed placed pursuant to paragraph (1): <Amended by Act No. 11092, Nov. 22, 2011>
2. Where he/she places an excellently managed agricultural product certification mark pursuant to Article 6 of the Agricultural and Marine Products Quality Control Act, a quality certification mark pursuant to Article 14 of the same Act, or an excellent sun-dried salt certification mark pursuant to Article 39 of the Salt Industry Promotion Act;
2-2. Where he/she places a certification mark of sun-dried salt production pursuant to Article 40 of the Salt Industry Promotion Act
3. Where he/she places an eco-friendly fishery product certification mark pursuant to Article 21 of the Agricultural and Marine Products Quality Control Act or places an eco-friendly sun-dried salt certification mark pursuant to Article 41 of the Salt Industry Promotion Act;
4. Where he/she places a traceable agricultural product mark pursuant to Article 24 of the Agricultural and Marine Products Quality Control Act;
6. Where other Acts prescribe that a country of origin label of agricultural products or that of raw materials of the processed products thereof should be placed.
(3) Where a person engaging in food service business or having places of mass feeding who establishes and operates a place of business or place of mass feeding prescribed by Presidential Decree, sells or offers agricultural products or the processed products thereof prescribed by Presidential Decree after cooking (including cases where he/she stores or displays such products for the purpose of sale or offer after cooking; hereinafter the same shall apply), he/she shall place country of origin labels on such agricultural products or raw materials of such processed products (in cases of beef, a type of meat shall be included therein; hereinafter the same shall apply).
(4) Agricultural and fishery products or raw materials of the processed products thereof subject to labeling, persons who should label, and labeling standards pursuant to paragraph (1) or (3) shall be prescribed by Presidential Decree, and methods of labeling and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
law view
 Article 6 (Prohibition of False Labeling, etc.)   print
(1) No person shall conduct any of the following acts:
1. False labeling of the country of origin or labeling that may cause confusion as to the country of origin;
2. Destroying or changing labels for the purpose of confusing the country of origin;
3. Selling under the country of origin disguised, selling country of origin labeled agricultural and fishery products or the processed products thereof mixed with other agricultural and fishery products and the processed products thereof, or storing or displaying such products for the purpose of sale.
(2) No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall conduct any of the following acts:
1. False labeling of the country of origin or labeling that may cause confusion as to the country of origin;
2. Cooking, selling and providing agricultural and fishery products or the processed products thereof under the country of origin disguised, storing or displaying such products after destroying or changing labels for the purpose of selling or providing after cooking;
3. Cooking, selling or providing country of origin labeled agricultural and fishery products or the processed products thereof mixed with the same agricultural and fishery products or the processed products thereof under a different country of origin.
(3) Necessary matters, such as labeling that may cause confusion as to the country of origin and the extent of disguised sale in violation of paragraph (1) or (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(4) No person who has established a large-scale store under subparagraph 3 of Article 2 of the Distribution Industry Development Act shall neglect an act referred to in any of the subparagraphs of paragraph (1) or (2) by a tenant or any other operator of such store which is operated on lease (hereinafter referred to as "leased store"). <Newly Inserted by Act No. 10933, Jul. 25, 2011>
law view
 Article 7 (Investigation, etc. of Country of Origin)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries, the 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) shall have relevant public officials collect or investigate agricultural and fishery products or the processed products thereof subject to labeling of the country of origin, as prescribed by Presidential Decree, in order to ascertain whether country of origin labels are placed, the appropriateness of labeled matters, the methods of labeling, etc. pursuant to Article 5.
(2) Where necessary at the time of investigation pursuant to paragraph (1), relevant public officials may have access to the relevant places of business, storehouses, offices, etc., check and investigate agricultural and fishery products or the processed products thereof, etc. and inspect books or documents related to business.
(3) Where relevant public officials collect, investigates or inspect pursuant to paragraph (1) or (2), a person who sells or processes agricultural and fishery products or the processed products thereof subject to labeling of the country of origin or sells or provides such products after cooking shall not refuse, interfere with or evade such activities of the relevant public officials without justifiable grounds.
(4) A public official who collects or investigates pursuant to paragraph (1) or (2) shall carry an identification indicating his/her authority and produce it to the persons concerned, and deliver a document in which his/her name, time, purpose of his/her access, etc. are indicated to the persons concerned when accessing thereto.
law view
 Article 8 (Keeping of Receipts, etc.)   print
A person obliged to indicate the country of origin pursuant to Article 5 (3) shall keep receipts or invoices, etc. issued in accordance with Article 31 of the Processing of Livestock Products Act, Article 11 of the Cattle and Beef Traceability Act, or any other Act, in which the country of origin is entered, for six months from the date of purchase.
law view
 Article 9 (Dispositions, etc. against Violation of Country of Origin Labelling, etc.)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may conduct any of the following dispositions against a person who violates Article 5 or 6: Provided, That a disposition against a person who violates Article 5 (3) shall be limited to subparagraph 1:
1. Corrective orders, such as the implementation, changing, omission, etc. of labeling;
2. Prohibition on trading practices, such as sale of agricultural and fishery products or the processed products thereof in violation of labeling.
(2) Where any of the following persons fails to indicate the country of origin of agricultural and fishery products or the processed products thereof, etc. in violation of Article 5 or 6 two or more times or falsely indicates the country of origin, and therefore is subject to a disposition confirmed under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor shall publicize the details of the disposition, the names of the relevant business office and agricultural and fishery products, and other matters regarding such disposition on the Internet homepages of the Food, Agriculture, Forestry and Fisheries, the National Agricultural Products Quality Management Service, the Animal, Plant and Fisheries Quarantine and Inspection Agency, the relevant City/Do, the relevant Si/Gun/Gu, the Korea Comsumer Agency, and major internet information proving business operators prescribed by Presidential Decree, as prescribed by Presidential Decree: <Amended by Act No. 10933, Jul. 25, 2011>
1. A person who produces, processes and ships agricultural and fishery products or the processed products thereof subject to labelling of the country of origin, or sells or processes such products for the purpose of sale pursuant to Article 5 (1);
2. A person who sells or provides food after cooking pursuant to Article 5 (3).
(3) Necessary matters concerning dispositions pursuant to paragraph (1) and the standards and methods of publication on the Internet homepages pursuant to paragraph (2) shall be prescribed by Presidential Decree.
law view
 Article 10 (Providing Information on Country of Origin Labelling of Agricultural and Fishery Products)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries shall endeavor to provide the people with information related to the country of origin labelling of agricultural and fishery products as deemed necessary for the people to be informed, within the extent permitted by the Official Information Disclosure Act.
(2) Where the Minister for Food, Agriculture, Forestry and Fisheries provides information pursuant to paragraph (1), he/she may submit it for deliberation of the Deliberative Council pursuant to Article 4.
(3) Where the Minister for Food, Agriculture, Forestry and Fisheries intends to provide the people with information pursuant to paragraph (1), he/she may utilize the agricultural and fishery products safety information system pursuant to Article 103 of the Agricultural and Marine Products Quality Control Act. <Amended by Act No. 10885, Jul. 21, 2011>
CHAPTER III SUPPLEMENTARY PROVISIONS
law view
 Article 11 (Honorary Surveillant)   print
(1) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may have an honorary surveillant of agricultural and fishery products referred to in Article 104 of the Agricultural and Marine Products Quality Control Act guide, publicize and promote the country of origin labelling of agricultural and fishery products or the processed products thereof and report violations. <Amended by Act No. 10885, Jul. 21, 2011>
(2) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may reimburse an honorary surveillant for expenses incurred in relation to activities pursuant to paragraph (1).
law view
 Article 12 (Rewards)   print
The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may give, within budgetary limits, a reward to persons who report or indict violators of Articles 5 and 6 to the authorities concerned or an investigative agency, as prescribed by Presidential Decree.
law view
 Article 13 (Delegation of Authority)   print
The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor may delegate part of his/her authority under this Act to the head of an agency under his/her jurisdiction or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree.
law view
 Article 13-2 (Business Cooperation with Administrative Agencies, etc.)   print
(1) The State or local governments, and the public organizations and their affiliated agencies or other individuals with administrative authority or authority delegated or entrusted under relevant Acts and subordinate statutes or municipal ordinances, shall cooperate with one another in order to ensure the efficient operation of the country of origin labelling.
(2) The Minister for Food, Agriculture, Forestry and Fisheries may, if necessary to efficiently operate the country of origin labelling, request the heads of the relevant central administrative agencies, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu to provide cooperation in the State or local government's use of information, etc. on their electronic data-processing system. In such cases, the heads of the relevant central administrative agencies, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu so requested shall comply therewith, unless there is a compelling reason to do otherwise.
(3) The procedures, etc. of providing cooperation pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10933, Jul. 25, 2011]
CHAPTER IV PENAL PROVISIONS
law view
 Article 14 (Penal Provisions)   print
A person who violates Article 6 (1) shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won, or by such imprisonment and fine concurrently.
law view
 Article 15 (Penal Provisions)   print
A person who violates Article 6 (2) shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won, or by such imprisonment and fine concurrently.
[This Article Wholly Amended by Act No. 10933, Jul. 25, 2011]
law view
 Article 16 (Penal Provisions)   print
A person who fails to implement a disposition pursuant to Article 9 (1) shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
law view
 Article 16-2 (Habitual Offenders)   print
A person who habitually violates Article 14 or 15 shall be punished by imprisonment for not more than ten years or by a fine not exceeding 150 million won, or by such imprisonment and fine concurrently.
[This Article Newly Inserted by Act No. 10933, Jul. 25, 2011]
law view
 Article 17 (Joint Penal Provisions)   print
Where the representative of a juridical person, or an agent, an employee, or any other worker of the juridical person or an individual commits an offense falling under any of Articles 14 through 16 with respect to the business of the juridical person or the individual, not only the offender shall be punished but the juridical or the individual shall also be punished by a fine referred to in the relevant provisions: Provided, That where such juridical person or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense, this shall not apply.
law view
 Article 18 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be
punished by a fine for negligence not exceeding ten million won: <Amended by Act No. 10933, Jul. 25, 2011>
1. A person who fails to indicate the country of origin, in violation of Article 5 (1) and (3);
2. A person who violates a method of indicating the country of origin pursuant to Article 5 (4);
3. A person who, in violation of Article 6 (4), overlooked any of the acts under the subparagraphs of Article 6 (1) or (2) conducted by a tenant or any other operator of a leased store, although he/she knew or could have known such fact;
4. A person who refuses, interferes with or evades collection, investigation or inspection, in violation of Article 7 (3);
5. A person who fails to keep receipts, invoices, etc., in violation of Article 8.
(2) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/Do Governor shall impose and collect fines for negligence pursuant to paragraph (1), as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any disposition or procedure taken, or other acts done in accordance with the previous Agricultural Products Quality Control Act, the Quality Control of Fishery Products Act or the Food Sanitation Act as at the time this Act enters into force shall be deemed taken or done when the provisions corresponding thereto exist in this Act.
Article 3 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The provisions of the previous Agricultural Products Quality Control Act, the Quality Control of Fishery Products Act or the Food Sanitation Act shall apply to penal provisions and fines for negligence with regard to any acts done before this Act enters into force.
Article 4 Omitted.
Article 5 (Relationship with Other Acts and Subordinate Statutes)
Where the provisions on the country of origin in the previous Agricultural Products Quality Control Act, the Quality Control of Fishery Products Act and the Food Sanitation Act are cited by other Acts and subordinate statutes as at the time this Act enters into force, if the provisions corresponding thereto exist in this Act, this Act or the relevant provisions of this Act shall be deemed cited in lieu of such provisions in such Acts.
ADDENDA <Act No. 10885, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 10933, Jul. 25, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures Concerning Penal Provisions and Fines for Negligence) The application of penal provisions and fines for negligence to acts committed before this Act enters into force shall be subject to the previous provisions.
ADDENDUM <Act No. 11092, Nov. 22, 2011>
This Act shall enter into force one year after the date of its promulgation.