CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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| Article 2 (Criteria of Processed Fishery Products) |
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| 1. |
Products processed using fishery products comprising more than 50 percent of the raw materials or materials thereof; |
| 2. |
Products processed in more than two phases using products falling under subparagraph 1 comprising more than 50 percent of the raw materials or materials thereof; |
| 3. |
In cases of processed products manufactured using fishery products and processed fishery products, agricultural products (including forest products and livestock products; hereinafter the same shall apply) and processed agricultural products together as the raw materials or materials thereof, processed products in which the content of fishery products or processed fishery products exceeds the content of agricultural products or processed agricultural products. |
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| Article 3 (Duties of Chairperson, etc.) |
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| (1) |
The chairperson (hereinafter referred to as the "Chairperson") of the Council on Quality Control of Agricultural and Fishery Products (hereinafter referred to as the "Council") under Article 3 (1) of the Act shall represent the Council and preside over its affairs. |
| (2) |
The vice chairperson of the Council shall assist the Chairperson, and act on behalf of the Chairperson when the Chairperson is unable to conduct his/her duties due to unavoidable circumstances. |
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| Article 4 (Meetings) |
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| (1) |
The Chairperson shall convene meetings of the Council and preside thereover. |
| (2) |
ACommittee meeting shall be held with the presence of a majority of registered members, and make resolutions by the majority vote of members present. |
| (3) |
Where deemed necessary for deliberation, the Council may have interested persons, related persons of the relevant local government, experts in the related fields, etc. attend its meetings to hear their opinions, and if necessary, request them to cooperate therewith, such as the submission of related materials. |
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| Article 5 (Establishment of Subcommittees) |
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"Subcommittees on each field prescribed by Presidential Decree" in Article 3 (7) of the Act means the safety subcommittee and the planning and systems subcommittee.
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| Article 6 (Composition of Subcommittees) |
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| (1) |
Each subcommittee [referring to the subcommittee for deliberation on the registration of geographical indications (hereinafter referred to as the "subcommittee on geographical indications) under Article 3 (6) of the Act and subcommittees under Article 5; hereinafter referred to as "subcommittee"] shall be comprised of not less than ten members, but not more than 20 members, including one chairperson (hereinafter referred to as the "chairperson for each subcommittee") and one vice chairperson of each subcommittee (hereinafter referred to as the "vice chairperson for each subcommittee"). |
| (2) |
The chairperson, vice chairperson, and members of each subcommittee shall be those appointed by the Chairperson from among the Council members in consideration of professional knowledge and experience. |
| (3) |
Article 3 shall apply mutatis mutandis to duties of the chairperson and vice chairperson of each subcommittee. In such cases, "Chairperson" shall be construed as "chairperson of each subcommittee", and "vice chairperson of the Council" shall be construed as "vice chairperson of each subcommittee". |
| (4) |
Article 4 shall apply mutatis mutandis to meetings of each subcommittee. In such cases, the "Chairperson" shall be construed as "chairperson of each subcommittee" and "Council" shall be construed as "each subcommittee". |
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| Article 7 (Operation of Council, etc.) |
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| (1) |
One administrative secretary and one clerk shall be assigned respectively to the Council and each subcommittee, to handle the administrative affairs thereof. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall appoint administrative secretaries and clerks referred to in paragraph (1) from among public officials under his/her control. |
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| Article 8 (Allowances to Members, etc.) |
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Allowances and travelling expenses may be paid to members who attend the Council and subcommittee meetings within budgetary limits: Provided, That the same shall not apply where public officials attend in connection with their business.
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| Article 9 (Detailed Rules for Operation) |
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Besides the matters prescribed in this Decree, matters necessary for the operation, etc. of the Council and each subcommittee shall be determined by the Chairperson by the resolution of the Council.
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| Article 10 (Persons Exempted from Duty to Observe Traceability Standards) |
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| Article 11 (Criteria for Disposition, such as Corrective Orders) |
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Criteria for corrective orders, the prohibition of sale, the suspension of marking or the revocation of certification of standardized products, quality-certified products, certified environment-friendly fishery products, agricultural and fishery products under traceability or agricultural products bearing the certification of Good Practices under Articles 16, 23 and 31 of the Act shall be as specified in attached Table 1.
CHAPTER III GEOGRAPHICAL INDICATIONS
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| Article 12 (Range of Areas Subject to Indication of Geographical Indication) |
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The range of areas subject to the indication of geographical indications for the registration of geographical indications under Article 32 (1) of the Act shall be demarcated by any of the following, in consideration of natural environmental and human factors: Provided, That in cases of ginseng products under the Ginseng Industry Act, the whole of the Republic of Korea shall be the area subject to the indication of geographical indications:
| 1. |
Administrative districts, mountains, rivers, etc. that have geographical characteristics identical to those that influence the characteristics of relevant items; |
| 2. |
Coastal sea areas (referring to a coastal sea area under subparagraph 2 of Article 2 of the Coast Management Act; hereinafter the same shall apply) that have geographical characteristics, habitats and fishing and gathering circumstances identical to those that influence the characteristics of relevant items. In such cases, a coastal sea area shall be zoned by its latitude and longitude. |
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| Article 13 (Admission to or Withdrawal from Association of Corporations Registered with Geographical Indications) |
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No corporation referred to in the main sentence of Article 32 (2) of the Act shall refuseadmission to or withdrawal from the association of producers or processors of products subject to the registration of a geographical indication without justifiable grounds.
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| Article 14 (Deliberations on and Publication and Public Inspection of Geographical Indications and Procedures for Raising Objections to Geographical Indications) |
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| (1) |
Upon receipt of an application for registration of a geographical indication or application for a change toregistration of important matters pursuant to Article 32 (2) and (3) of the Act, the Minister for Food, Agriculture, Forestry and Fisheries shall request the subcommittee on geographical indications for a deliberation thereon within 30 days from his/her receipt thereof. |
| (2) |
Where the subcommittee on geographical indications passes a resolution to the effect that the registration of a geographical indication or the registration of change of any important matter is inappropriate, the Minister for Food, Agriculture, Forestry and Fisheries shall inform the applicant thereof without delay, detailing the grounds therefor: Provided, That where he/she deems that any inappropriate matter may be supplemented within 30 days, he/she may allow the applicant to supplement such matter within a fixed period. |
| 1. |
Name, domicile and telephone number of the applicant; |
| 2. |
Items for the registration of geographical indications and appellation for registration; |
| 3. |
Range of areas subject to the indication of geographical indications; |
| 4. |
Relationships between quality and other distinctive features, and geographical factors; |
| 5. |
Applicant's quality standards and quality control plan; |
| 6. |
Place of the public inspection of the application documents for registration of geographical indications and documents annexed thereto. |
| (4) |
With respect to objections raised pursuant to Article 32 (6) of the Act, the Minister for Food, Agriculture, Forestry and Fisheries shall undergo deliberation by the subcommittee on geographical indications and inform the persons who raised objections, of the results thereof. |
| (5) |
Besides the matters prescribed in paragraphs (1) through (4), matters necessary for deliberation on, publication and public inspection of, and procedures for raising objections to geographical indications shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 15 (Detailed Criteria for Grounds for Rejecting Registration of Geographical Indications) |
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Detailed criteria for the grounds for rejecting the registration of geographical indications under Article 32 (9) of the Act shall be as follows:
| 1. |
Where a relevant item is neither an agricultural and fishery product produced only in the relevant area subject to the indication of a geographical indication nor an item processed by using such product as a main ingredient in the relevant area; |
| 2. |
Where the distinguished quality of a relevant item is not widely known in the Republic of Korea or abroad; |
| 3. |
Where a relevant item has no long history of production in the relevant area subject to the indication of a geographical indication; |
| 4. |
Where the reputation, quality or other characteristics of a relevant item essentially does not originate from production environments nor from human factors of the relevant specific area; |
| 5. |
Other cases wherea relevant item does not conform with the criteria deemed necessary for the registration of a geographical indication and announced by the Minister for Food, Agriculture, Forestry and Fisheries. |
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| Article 16 (Criteria for Imposing Dispositions of Corrective Orders, etc.) |
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Criteria for the imposition of dispositions, such as an order for correction, prohibition of sale, suspension of indication, or cancellation of registration of geographical indication products under Article 40 of the Act shall be as specified in attached Table 1.
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| Article 17 (Composition of Adjudication Committee on Geographical Indications) |
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| (1) |
The members of the Adjudication Committee (hereinafter referred to as "Adjudication Committee members") on Geographical Indications (hereinafter referred to as the "Adjudication Committee") under Article 42 (1) of the Act shall be appointed or commissioned by the Minister for Food, Agriculture, Forestry and Fisheries from among any of the following: |
| 1. |
State public officials of Grade III or IV in general service or public officials in general service belonging to the senior civil service, from among public officials belonging to the Ministry for Food, Agriculture, Forestry and Fisheries and the Korea Forest Service; |
| 2. |
Persons who have worked for at least two years as a patent examiner in the Korean Intellectual Property Office from among State public officials of Grade III or IV in general service or public officials in general service belonging to the senior civil service from among public officials belonging to the Korean Intellectual property Office; |
| 3. |
Persons qualified as attorneys-at-law or patent attorneys; |
| 4. |
Persons with abundant knowledge and experience in the fields of intellectual property rights and geographical indications. |
| (2) |
One administrative secretary and one clerk shall be assigned to the Adjudication Committee to conduct its affairs. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries shall appoint an administrative secretary and clerk referred to in paragraph (2) from among public officials under his/her jurisdiction. |
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| Article 18 (Operation of Adjudication Committee) |
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| (1) |
Upon receipt of an application for adjudication pursuant to Article 46 of the Act, the chairperson of the Adjudication Committee shall allocate it an adjudication number and designate members of the Adjudication Committee to the case pursuant to Article 48 of the Act and give written notice of the adjudication number and the designation of members of the Adjudication Committee to the applicant. In such cases, no member who has intervened in the deliberation on the case as a member of the subcommittee on geographical indications or who has an interest in the application for adjudication shall be designated as a member of the Adjudication Committee. |
| (2) |
The Adjudication Committee shall give notice of the conclusion of hearings to the relevant parties and interveners. |
| (3) |
Where the Adjudication Committee intends to render a decision on adjudication, it shall prepare a written decision stating the following matters, and affix names and seals thereto: |
| 2. |
Names and domiciles of the parties concerned and interveners (in cases of a corporation, its name, the name of its representative, the seat of its place of business); |
| 3. |
Name and domicile of the agent of the relevant parties and interveners or the seat of his/her place of business (limited to where they have an agent); |
| 4. |
Indication of the case adjudicated; |
| 5. |
Text of the decision and the grounds therefor; |
CHAPTER IV LABELING OF GENETICALLY MODIFIED AGRICULTURAL AND FISHERY PRODUCTS
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| Article 19 (Items Subject to Labeling of Genetically Modified Agricultural and Fishery Products) |
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The items subject to labeling of genetically modified agricultural and fishery products under Article 56 (1) of the Act shall be those deemed edible and announced by the Commissioner of the Korea Food and Drug Administration (including agricultural products cultivated from seedling of the relevant items) as a result of safety evaluation under Article 18 of the Food Sanitation Act.
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| Article 20 (Criteria for Labeling of Genetically Modified Agricultural and Fishery Products, etc.) |
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| (1) |
With regard to genetically modified agricultural and fishery products, the relevant agricultural and fishery products shall be labeled as genetically modified agricultural and fishery products, the inclusion of genetically modified agricultural and fishery products shall be labeled, or the possibility of inclusion of genetically modified agricultural and fishery products shall be labeled pursuant to Article 56 (1) of the Act. |
| (2) |
Labeling of genetically modified agricultural and fishery products shall be placed on the surface of the packing and containers of relevant agricultural products, at the places of sale of relevant agricultural products, etc. pursuant to Article 56 (2) of the Act. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries shall determine and announce detailed matters concerning the criteria for labeling and methods of labeling genetically modified agricultural and fishery products under paragraphs (1) and (2). |
| (4) |
If necessary for determining genetically modified agricultural and fishery products, the Minister for Food, Agriculture, Forestry and Fisheries shall designate and announce institutions to examine specimens. |
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| Article 21 (Inspection of Labeling of Genetically Modified Agricultural and Fishery Products, etc.) |
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| (1) |
The regular collection or examination of agricultural and fishery products subject to labeling of genetically modified products under the main sentence of Article 58 (1) of the Act shall be conducted once each year for places of business meeting the standards set by the Minister for Food, Agriculture, Forestry and Fisheries in consideration of the type and size of business, items and type of trade, etc. |
| (2) |
Matters necessary for the method, etc. of the regular collection and examination under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 22 (Criteria, Methods, etc. of Orders for Announcement) |
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| (1) |
Cases subject to orders for announcement under Article 59 (2) of the Act shall be those subject to a disposition taken pursuant to paragraph (1) of the same Article and falling under any of the following subparagraphs: |
| 1. |
Where the quantity in violation of the labelling requirements exceeds 100 tons in cases of agricultural products, or exceeds 10 tons in cases of fishery products; |
| 2. |
Where the amount obtained by converting the sale price of quantity in violation of the labelling requirements exceedsone billion won in cases of agricultural products, or exceeds 500 million won in cases of fishery products; |
| 3. |
Where the number of times subject to dispositions in the recent one year from the date the violation is discovered is not less than twice. |
| 1. |
The headline "Announcement of Violation of the Agricultural and Fishery Products Quality Control Act"; |
| 3. |
Name and address of place of business; |
| 4. |
Names of agricultural and fishery products in violation; |
| 6. |
Person holding authority to impose relevant dispositions, date and details of imposition of disposition. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries shall immediately display the following matters on the Internet homepage of the Ministry for Food, Agriculture, Forestry and Fisheries pursuant to Article 59 (3) of the Act: |
| 1. |
The headline "Announcement of Violation of the Agricultural and Fishery Products Quality Control Act"; |
| 3. |
Name and address of place of business; |
| 4. |
Names of agricultural and fishery products in violation; |
| 6. |
Person holding authority to impose relevant dispositions, date and details of imposition of disposition. |
| (4) |
Where the Minister for Food, Agriculture, Forestry and Fisheries intends to order a person to announce the fact of violation pursuant to Article 59 (2) of the Act, he/she shall consider the details and degree of the offense, the period and the number of times of violation, the extent and result of damage caused by an offense, etc. In such cases, the Minister for Food, Agriculture, Forestry and Fisheries shall provide the relevant person with an opportunity to submit explanatory materials or to state his/her opinion before issuingan order for announcement. |
| (5) |
The Minister for Food, Agriculture, Forestry and Fisheries shall provide the relevant person with an opportunity to submit explanatory materials or to state his/her opinion before making the announcement pursuant to Article 59 (3) of the Act. |
CHAPTER V RISK ASSESSMENT
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| Article 23 (Request for Risk Assessment of Agricultural Products, etc. and Announcement of Results thereof) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall announce the making of a request for risk assessment and the results of assessment under Article 68 (1) of the Act by placing them on the agricultural and fishery products safety information system under Article 103 (2) of the Act and Internet homepage of the Ministry for Food, Agriculture, Forestry and Fisheries pursuant to Article 68 (2) of the Act. |
| (2) |
Detailed matters necessary for the objects and methods of risk assessment, and announcement under Article 68 (1) and (2) of the Act shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
CHAPTER VI DESIGNATION OF DESIGNATED SEA AREAS AND REGISTRATION AND MANAGEMENT OF PRODUCTION OR PROCESSING FACILITIES
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| Article 24 (Registered Matters of Production or Processing Facilities of Fishery Products, etc.) |
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| 1. |
Name and the seat of production or processing facilities of fishery products that meet the sanitary control standards under Article 69 of the Act (hereinafter referred to as "sanitary control standards") and facilities (hereinafter referred to as "production or processing facilities, etc.") observing Hazard Analysis and Critical Control Points (hereinafter referred to as "Hazard Analysis and Critical Control Points") under Article 70 (1) or (2) of the Act; |
| 2. |
Name and domicile of the representative of production or processing facilities; |
| 3. |
Kinds of products or processed products. |
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| Article 25 (Period between Examinations or Inspections) |
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The period between examinations or inspections of production or processing facilities, etc. under Article 76 (2) of the Act shall be at least once every two years: Provided, That where the period between examinations or inspections of production or processing facilities, etc. that shall meet sanitary control standards and observe Hazard Analysis and Critical Control Points is stipulated in an agreement with a foreign country or is determined or requested by an export partner, such agreement or request may be reflected during the period between examinations or inspections.
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| Article 26 (Methods of Request for Joint Examination or Inspection, etc.) |
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Where a person who has registered production or processing facilities, etc. (hereinafter referred to as "producer or processor, etc.") pursuant to Article 74 (1) of the Act is given prior notice of an examination or inspection under Article 76 (2) of the Act by the Minister for Food, Agriculture, Forestry and Fisheries, he/she may request the Minister for Food, Agriculture, Forestry and Fisheries to conduct a joint examination or inspection by submitting an application for joint examination or inspection prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to the Minister for Food, Agriculture, Forestry and Fisheries.
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| Article 27 (Restrictions on Production in Designated Sea Areas) |
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| (1) |
Pursuant to Article 77 of the Act, the Minister for Food, Agriculture, Forestry and Fisheries may restrict the production of fishery products in a designated sea area under Article 71 of the Act (hereinafter referred to as "designated sea area") where: |
| 1. |
Marine pollution has occurred due to stranding, collision and sinking of a ship, trouble in waste disposal facilities located adjacent to a designated sea area, etc.; |
| 2. |
A designated sea area temporarily fails to meet the sanitary control standards; |
| 3. |
The Minister for Food, Agriculture, Forestry and Fisheries deems it necessary to place restrictions on the production of fishery products as a designated sea area is likely to be polluted due to a change of rainfall, etc. |
| (2) |
Procedures for and methods of placing restrictions on the production of fishery products in a designated sea area under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
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| Article 28 (Cancellation of Designation of Designated Sea Areas) |
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Where the Minister for Food, Agriculture, Forestry and Fisheries deems that a designated sea area does not meet the sanitary control standards after he/she has evaluated the results of examinations or inspections of the designated sea area for the preceding two and half years pursuant to Article 77 of the Act, he/she may cancel the designation of all or part of the designated sea area, and announce the details thereof.
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| Article 29 (Orders for Suspension, Improvement, Repair, etc.) |
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| (1) |
Criteria for orders for correction, restriction or suspension of production, processing, shipment or transport, orders for improvement or repair of production or processing facilities, etc. (hereinafter referred to as "suspension, improvement or repair orders, etc."), and for cancellation of the registration under Article 78 of the Act shall be as specified in attached Table 2. |
| (2) |
Matters necessary for detailed procedures for and methods of suspension, improvement or repair orders, etc. and cancellation of the registration under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
CHAPTER VII INSPECTION OF AGRICULTURAL AND FISHERY PRODUCTS, ETC.
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| Article 30 (Agricultural Products Subject to Inspection, etc.) |
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| 2. |
Agricultural products exported or imported by the Government, or by producers' organizations, etc. on behalf of the Government; |
| 3. |
Agricultural products purchased or imported, and processed by the Government; |
| 4. |
Agricultural products reinspected by the Minister for Food, Agriculture, Forestry and Fisheries pursuant to Article 79 (2) of the Act; |
| 5. |
Other agricultural products announced by the Minister for Food, Agriculture, Forestry and Fisheries because he/she deems that such products should undergo an inspection. |
| (2) |
Items by kind of agricultural products subject to inspection under the provisions of paragraph (1) 1 through 3 shall be as specified in attached Table 3. |
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| Article 31 (Exemption from Screening Tests for Agricultural Products Inspectors) |
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Seed engineers or persons who are qualified as professional seed engineers under the National Technical specimens Act shall be exempted from all of a screening test for agricultural products inspectors on seeds among specimens for agricultural products inspectors pursuant to the proviso to the part other than the subparagraphs of Article 82 (1) of the Act.
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| Article 32 (Partial Omission of Inspection on Fishery Products, etc.) |
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| (1) |
"Type of business prescribed by Presidential Decree" in Article 88 (4) 3 (b) of the Act means an on-board fishery products processing business under Article 25-6 (1) 3 of the Enforcement Decree of the Food Industry Promotion Act. |
| 1. |
Where a country that imports fishery products and processed fishery products requests that certain items only be inspected; |
| 2. |
Where fishery products or processed fishery products are inedible. |
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| Article 33 (Exemption from Screening Tests for Fishery Products Inspectors) |
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Persons falling under any of the following subparagraphs shall be exempted from an entire screening test for fishery products inspectors pursuant to the proviso to the part other than the subparagraphs of Article 91 (1) of the Act:
| 1. |
Persons qualified as engineers for aquatic cultivation, engineers for fisheries processing, water quality and industrial engineers for water quality and environment or industrial engineers for food processing or higher under the National Technical specimens Act; |
| 2. |
Persons who graduated with a major in fisheries processing engineering, food processing engineering, food chemistry, microbiology, biotechnology, environmental engineering or fields related thereto from the universities under the provisions of subparagraphs 1 through 6 of Article 2 of the Higher Education Act or foreign universities approved by the Minister for Food, Agriculture, Forestry and Fisheries, or those with equivalent degrees. |
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| Article 34 (Education of Fishery Products Inspectors) |
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| (1) |
Education provided by the Commissioner of Animal, Plant and Fisheries Quarantine and Inspection Agency (hereinafter referred to as the "Commissioner of Quarantine and Inspection Agency") pursuant to Article 91 (3) of the Act shall be as follows: |
| 1. |
Commissioned or outreach education to research or inspection institutions in the Republic of Korea and foreign countries; |
| 3. |
Education of inspectors requested by institutions for inspection of fishery products designated pursuant to Article 89 (1) of the Act. |
| (2) |
Institutions to which fishery products inspectors who receive education belong shall bear expenses incurred in providing education under paragraph (1). |
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| Article 35 (Objects of Confirmation, Examination, Inspection, etc.) |
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"Agricultural and fishery products and processed fishery products prescribed by Presidential Decree, such as agricultural and fishery products and processed fishery products purchased or imported by the Government" in Article 102 (1) of the Act means:
| 1. |
Agricultural and fishery products and processed fishery products purchased or imported by the Government; |
| 2. |
Agricultural and fishery products and processed fishery products purchased or imported by producers' organizations, etc. on behalf of the Government; |
| 3. |
Agricultural and fishery products and processed fishery products purchased or imported, and processed by the Government. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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| Article 36 (Implementation Plan for Qualification Examination, etc.) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall hold an implementation plan for the qualification examination for agricultural product quality controller (hereinafter referred to as "qualification examination") under Article 107 (1) of the Act once a year: Provided, That where the Minister for Food, Agriculture, Forestry and Fisheries deems necessary for the supply of and demand for agricultural product quality controllers, he/she may hold a qualification examination every two years. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall formulate an implementation plan for the qualification examination by not later than six months prior to the date of holding the qualification examination under paragraph (1). |
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| Article 37 (Announcement of Qualification Examination, etc.) |
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| (1) |
When the Minister for Food, Agriculture, Forestry and Fisheries holds a qualification examination, he/she shall announce necessary matters, such as specimens for application, the subjects for examination, methods of examination, criteria for successful candidates, the date and time and place of the examination, etc. in at least two general daily newspapers which have registered the whole country as their distribution areas pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, etc. by not later than 90 days prior to the date of examination. |
| (2) |
A person who intends to apply for a qualification examination shall submit an application for examination prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to the Minister for Food, Agriculture, Forestry and Fisheries, and the applicant for examination shall pay fees as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries shall refund fees he/she has received pursuant to paragraph (2) according to the following classification: |
| 1. |
Where an applicant has overpaid or erroneously paid a fee: The total amount overpaid or erroneously paid; |
| 2. |
Where an applicant cancels his/her application by not later than 20 days prior to the date for an examination: The total amount of the fee paid; |
| 3. |
Where an applicant is unable to apply for an examination for reasons imputable to an examination managing agency: The total amount of the fee paid; |
| 4. |
Where an applicant cancels his/her application by not later than 10 days prior to the date for an examination: 60/100 of the fee paid. |
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| Article 38 (specimens for Application, Subjects for Examination, Methods of Examination and Criteria for Successful Candidates) |
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| (1) |
specimens for application shall not be limited by educational background, sex, age, etc., and the Minister for Food, Agriculture, Forestry and Fisheries shall divide qualification examinations into a primary examination and secondary examination. |
| (2) |
A primary examination shall be a multiple-choice written examination on the following subjects, and from among those who attain at least 40 points in each subject out of 100, those whose average score is at least 60 points shall be successful candidates: |
| 1. |
Agricultural and Fishery Products Quality Control Act and its subordinate statutes, and Acts and subordinate statutes pertaining to the distribution and stabilization of prices of agricultural and fishery products, Acts and subordinate statutes pertaining to the marking of origin of agricultural and fishery products; |
| 2. |
Horticultural crop science; |
| 3. |
Theories of the distribution of agricultural products; |
| 4. |
Theories of post-harvest quality control. |
| (3) |
A secondary examination shall be a single-answers and write-out answers mixed written examination on the following subjects for the successful candidates of a primary examination, and those who attain at least 60 points out of 100 shall be successful candidates: |
| 1. |
Practical skills in agricultural product quality control; |
| 2. |
Practical skills in rating of agricultural products. |
| (4) |
Those who fail in a secondary examination shall be exempted from a primary examination only in the immediately following primary examination. |
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| Article 39 (Announcement of Successful Candidates, etc.) |
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| Article 40 (Issuance of Certificates of specimens, etc.) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall issue a certificate of specimens for an agricultural product quality controller prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to those who have passed a qualification examination for agricultural product quality controllers pursuant to Article 39. |
| (2) |
Where the Minister for Food, Agriculture, Forestry and Fisheries issues a certificate of specimens under paragraph (1), he/she shall allocate a serial number and record it in the book of issuance of certificates of specimens prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. |
| (3) |
Where an agricultural product quality controller seeks reissuance of a specimens certificate for an agricultural product quality controller because he/she has lost or spoiled it, he/she shall submit an application for reissuance of a qualifications certificate for an agricultural product quality controller prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to the Minister for Food, Agriculture, Forestry and Fisheries. |
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| Article 41 (Grant of Rewards) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall grant a reward under Article 112 of the Act to those who have reported a person who violated Article 56 or 57 of the Act to the competent authorities or an investigative agency or who have informed the competent authorities or an investigative agency against such person, or who have arrested such person or who have cooperated in arresting such person,within the limit of two million won. |
| (2) |
Criteria for, methods of, procedures for grant of a reward granted pursuant to paragraph (1) shall be determined and announced by the Minister for Food, Agriculture, Forestry and Fisheries. |
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| Article 42 (Delegation of Authority) |
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| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate the following authority to the Director of the National Agricultural Products Quality Management Service pursuant to Article 115 (1) of the Act: |
| 1. |
Operation of the subcommittee on geographical indications, such as holding of its meetings, deliberation, notification of the results thereof, under Article 3 (6) of the Act (excluding matters concerning fishery products); |
| 2. |
Establishment, amendment or abolishment of standards for agricultural products (excluding forest products) under Article 5 (1) of the Act; |
| 3. |
Designation of institutions certifying Good Agricultural Practices, and dispositions such as cancellation of the designation thereof and the suspension of services thereof, under Articles 9 and 10 of the Act; |
| 4. |
Designation of facilities conforming to Good Agricultural Practices, and disposition, such as cancellation of the designation thereof and the suspension of service thereof, under Articles 11 and 12 of the Act; |
| 5. |
Registration of traceability of agricultural products, and disposition, such as cancellation of the registration thereof, under Articles 24 and 27 of the Act; |
| 6. |
Post-management of standardized products, agricultural products bearing the certification of Good Practices, agricultural products under traceability and products bearing a geographical indications, and disposition, such as the correction of marks, under Articles 30, 31, 39 and 40 of the Act (excluding post management of standardized products and products bearing a geographical indication of fishery products or processed fishery products and forest products, and disposition, such as the correction of marks); |
| 7. |
Registration of geographical indications of agricultural products (excluding forest products) and processed agricultural products under Article 32 (1) of the Act; |
| 8. |
Registration and management of the registers of geographical indications of agricultural products (excluding forest products) and processed agricultural products under Article 33 of the Act; |
| 9. |
Inspections of the labeling of genetically modified agricultural products under Article 58 of the Act; |
| 10. |
Disposition under Article 59 (1) of the Act, orders for announcement under paragraph (2) of the same Article and announcement under paragraph (3) of the same Article; |
| 11. |
Safety management plans under Article 60 (1) of the Act, the selection of specific items subject to safety inspection on agricultural products (excluding livestock products), materials for the production thereof, etc. (including the collection of specimens, etc. under Article 62 of the Act) under Article 61 of the Act, the selection of harmful substances subject to safety inspection, the establishment of detailed standards, and measures on the results of safety inspection under Article 63 of the Act; |
| 12. |
Designation of safety inspection institutions, and disposition, such as cancellation of the designation thereof and the suspension of service thereof, under Articles 64 and 65 of the Act; |
| 13. |
Research and development, and dissemination of techniques, such as analysis methods, under Article 67 of the Act; |
| 14. |
Requests for risk assessment of agricultural products under Article 68 (1) of the Act, the publication of the fact that risk assessment has been requested and the results of assessment under paragraph (2) of the same Article; |
| 15. |
Research on the actual conditions of harmful substances that remain in agricultural products (excluding livestock products) under Article 68 (3) of the Act; |
| 16. |
Inspections of agricultural products under Article 79 (1) of the Act (excluding inspections of agricultural products, silkworm eggs and cocoons inspected by inspection institutions designated pursuant to Article 80 of the Act); |
| 17. |
Designation of agricultural products inspection institutions, and disposition, such as cancellation of the designation thereof and the suspension of service thereof, under Articles 80 and 81 of the Act; |
| 20. |
Designation of certifying institutions, and disposition, such as cancellation of the designation thereof and the suspension of service thereof, under Articles 99 (1) and 100 (1) of the Act; |
| 21. |
Confirmation, examinations, inspections, etc. (excluding fishery products,processed fishery products, forest products and processed forest products) under Article 102 of the Act; |
| 22. |
Appointment and management of honorary monitors of agricultural products (excluding fishery products, processed fishery products, forest products and processed forest products) under Article 104 of the Act; |
| 24. |
Financial support for the improvement of quality, for the promotion of standardization, etc. under Article 110 of the Act: Provided, That support to fishery products and processed fishery products, and forest products and processed forest products shall be excluded herefrom; |
| 27. |
Issuance and reissuance of certificates for specimens for agricultural product quality controllers, recording of such issuance and reissuance in the book of issuance of certificates for specimens under Article 40. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate his/her authority concerning the announcement of Good Agricultural Practices under Article 6 (1) of the Act to the Administrator of Rural Development Administration pursuant to Article 115 (1) of the Act. |
| (3) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate his/her authority concerning forest products and processed forest products among his/her authority on the following matters to the Minister of Korea Forest Service pursuant to Article 115 (1) of the Act: |
| 2. |
Post management of standardized products and products bearing a geographical indication, and disposition, such as the correction of marks, under Articles 30, 31, 39 and 40 of the Act; |
| 6. |
Appointment and management of honorary monitors of agricultural and fishery products under Article 104 of the Act; |
| 7. |
Financial support for the improvement of quality, for the promotion of standardization, etc. under Article 110 of the Act; |
| (4) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate the following authority to the President of National Fisheries Research and Development Institute pursuant to Article 115 (1) of the Act: |
| 2. |
Collection of specimens, examinations or reading under Article 62 of the Act (limited to the authority delegated pursuant to subparagraph 1); |
| 4. |
Imposition and collection of fines for negligence under Article 123 (1) 1 of the Act (limited to fines for negligence under the authority delegated pursuant to subparagraph 3). |
| (5) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate the following authority relating to fishery products and processed fishery products to the Commissioner of Quarantine and Inspection Agency pursuant to Article 115 (1) of the Act: |
| 4. |
Designation of quality certifying institutions under Article 17 of the Act, and disposition, such as cancellation of the designation thereof and the suspension of service thereof under Article 18 of the Act; |
| 7. |
Post-management of standardized products, quality-certified products, certified environment-friendly fishery products, fishery products under traceability, products bearing a geographical indication, and disposition, such as the correction of marks, under Articles 30, 31, 39 and 40 of the Act; |
| 11. |
Disposition under Article 59 (1) of the Act, orders for announcement under paragraph (2) of the same Article, and announcement under paragraph (3) of the same Article; |
| 15. |
Disposition of cancellation of the designation of safety inspection institutions under Article 65 of the Act; |
| 19. |
Orders to report matters concerning sanitary control under Article 75 (1) of the Act and the receipt of reports thereon (excluding facilities observing Hazard Analysis and Critical Control Points in the production stage, storage stage and post-shipment stage and prior to transactions under Article 70 (2) of the Act, and registered pursuant to Article 74 (1) of the Act); |
| 20. |
Examinations and inspections as to whether production or processing facilities, etc. under Article 76 (2) of the Act meet the sanitary control standards and conform to Hazard Analysis and Critical Control Points (with regard to the production stage, storage stage and post-shipment stage and prior to transactions among examinations and inspections as to whether to conform to Hazard Analysis and Critical Control Points, only applicable to cases where a person intends to register production or processing facilities, etc. pursuant to Article 74 (1) of the Act); |
| 21. |
Orders for correction, restriction or suspension of production, processing, shipment or transport, and orders for improvement or repair of production or processing facilities, etc. (excluding facilities observing Hazard Analysis and Critical Control Points in the production stage, storage stage and post-shipment stage and prior to transactions under Article 70 (2) of the Act, and registered pursuant to Article 74 (1) of the Act) to production or processing facilities, etc. or producers or processors, etc. under Article 78 of the Act, and disposition of cancellation of the registration thereof; |
| 24. |
Cancellation of designation of institutions for inspection of fishery products and disposition of the suspension of inspection affairs under Article 90 of the Act; |
| 27. |
Notification of disapproval, and requests for the disuse of fishery products or processed fishery products, the prohibition of sale of such products, etc. under Article 95 of the Act; |
| 32. |
Disposition of cancellation of the designation of institutions certifying fishery products under Article 100 of the Act; |
| 34. |
Appointment and management of honorary monitors of agricultural and fishery products under Article 104 of the Act; |
| 35. |
Financial support for the improvement of quality, for the promotion of standardization, etc. under Article 110 of the Act; |
| (6) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate the authority for the following to the Mayor of Special Metropolitan City, the Mayor of each Metropolitan City, the Governor of each Do or the Governor of Special Self-Governing Province pursuant to Article 115 (1) of the Act: |
| 1. |
Restrictions on or prohibition of discharging pollutants, raising domestic animals and using veterinary drugs in designated sea areas and neighboring sea areas under Article 73 (1) and (2) of the Act; |
| 4. |
Restrictions on the production of fishery products in designated sea areas under Article 77 of the Act; |
| 5. |
Corrective, restriction or suspension orders of production, processing, shipment or transport, or improvement or repair orders of production or processing facilities, etc. under Article 78 of the Act (limited to facilities observing Hazard Analysis and Critical Control Points under Article 70 (3) of the Act, and registered pursuant to Article 74 (1) of the Act); |
| 7. |
Appointment and management of honorary monitors of agricultural and fishery products under Article 104 of the Act; |
| 8. |
Hearings under Article 114 of the Act (limited to hearings on the authority delegated pursuant to subparagraph 5); |
| 9. |
The imposition and collection of fines for negligence under Article 123 (3) of the Act (limited to fines for negligence on the authority delegated pursuant to subparagraph 8). |
| (7) |
The Minister for Food, Agriculture, Forestry and Fisheries shall delegate his/her authority for ascertainment or examination under Article 76 (3) 2 of the Act as to whether pollutants are discharged, domestic animals are raised and veterinary drugs are used, to the Governor of Special Self-Governing Province or the head of each Si/Gun/Gu (referring to the head of each autonomous Gu) pursuant to Article 115 (1) of the Act. |
law view
| Article 43 (Entrustment of Affairs) |
|
| (1) |
The Minister for Food, Agriculture, Forestry and Fisheries shall entrust the affairs concerning the operation of the agricultural and fishery products safety information system under Article 103 (2) of the Act to a non-profit corporation that conducts agricultural information-related affairs determined and announced by the Minister for Food, Agriculture, Forestry and Fisheries pursuant to Article 115 (2) of the Act. |
| (2) |
The Minister for Food, Agriculture, Forestry and Fisheries shall entrust the affairs concerning the management of qualification examinations, to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act pursuant to Article 115 (2) of the Act. |
law view
| Article 44 (Processing of Personally Identifiable Information) |
|
| 3. |
Examinations or qualification for agricultural product quality controllers, etc. under Article 107 of the Act. |
law view
| Article 45 (Criteria for Imposition of Fines for Negligence) |
|
Criteria for the imposition of fines for negligence under Article 123 of the Act shall be as specified in attached Table 4.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012.
Article 2 (Repeal of other Acts and Subordinate Statutes)
The Enforcement Decree of the Fishery Products Quality Control Act is hereby repealed.
Article 3 Omitted.
Article 4 (Relationships with other Acts and Subordinate Statutes)
