Food Industry Promotion Act


Published: 2009-06-09

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to improving people's quality of life and developing the national economy by promoting the sound development of the food industry through reinforcement of the link between the food industry and the agricultural industry, and stably providing a variety of quality food by enhancing the competitiveness of the food industry.
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 Article 2 (Definitions)   print
The definition of terms to be used in this Act shall be as follows: <Amended by Act No. 9717, May 27, 2009>
1. The term "food" means the food under subparagraph 7 of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry;
2. The term "food industry" means the food industry under subparagraph 8 of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry;
3. The term "food business operator" means a person who runs food business;
4. The term "traditional food" means food which features the unique taste, flavor and color of traditional Korean cuisine which is produced, processed and cooked according to the Korean traditional recipes by using Korean agricultural products as the main raw materials or ingredients;
5. The term "processed organic food" means food which is produced, processed and distributed by using the organic agricultural products under Article 16 of the Environment-Friendly Agriculture Fosterage Act as raw materials or ingredients.
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 Article 3 (Duties and Responsibilities of State and Local Governments)   print
The State and local governments shall establish and implement polices necessary to reinforce the link between the food and the agricultural industries and to promote the sound development of the food industry, and shall take legislative and fiscal measures necessary to implement such policies.
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 Article 4 (Establishment of Basic Plans for Promotion of Food Industry)   print
(1) The Minister of Agriculture and Forestry shall establish and implement basic plans (hereinafter referred to as "basic plans") concerning promotion, etc. of the food industry in order to promote the food industry and to improve competitiveness thereof.
(2) Basic plans shall include the following matters:
1. Basic direction for promotion of the food industry;
2. Matters concerning the reinforcement of the link between the food and agricultural industries;
3. Matters concerning fostering the food service industry;
4. Matters concerning improvement of the quality of food and demand for and supply of food;
5. Matters concerning the development of technology related to the food industry and diffusion thereof;
6. Matters concerning fostering specialists related with food industry, statistics and advancement of information and technology thereof;
7. Matters concerning promotion of consumption of quality food materials;
8. Matters concerning provision and protection of consumer information related with quality, etc. of food;
9. Other matters concerning promotion of the food industry.
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 Article 5 (Establishment of Food Industry Promotion Council)   print
(1) In order to deliberate upon matters concerning promotion, etc. of the food industry, the Food Industry Promotion Council shall be established under the Minister of Agriculture and Forestry (hereinafter referred to as the "Council").
(2) The Council shall deliberate upon the following matters:
1. Matters concerning establishment of basic plans;
2. Matters concerning industrial standards certification of food;
3. Matters concerning designation of items for traditional food, establishment or amendment of standards therefor;
4. Matters concerning designation and cancellation of a food master;
5. Matters concerning quality certification of traditional food and certification of processed organic food;
6. Matters concerning fostering of food service industry and promotion of consumption of quality food materials;
7. Other matters concerning requested by the Minister of Agriculture and Forestry for deliberation upon matters related with the food industry promotion and consumer protection.
(3) In order to facilitate operation of the Council, the Subcommittee for the Food Industry Promotion Council may be established (hereinafter referred to as the "Subcommittee").
(4) Matters concerning members and operation of the Council and the Subcommittee shall be prescribed by Presidential Decree.
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 Article 6 (Relations with other Acts)   print
The promotion of food industry and reinforcement of its link with the agriculture, etc. shall be governed by this Act unless it is prescribed otherwise by special provisions of other Acts.
CHAPTER II ESTABLISHMENT OF FOUNDATION FOR PROMOTION OF FOOD INDUSTRY
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 Article 7 (Fostering of Food Industry Specialists)   print
(1) The State or local governments shall endeavor to forster specialists to promote the food industry.
(2) In order to foster specialists under paragraph (1), the Minister of Agriculture and Forestry or the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") may designate and manage the institutions and organizations properly equipped with manpower, facilities, etc., such as universities, research institutions, etc. as institution for fostering food industry specialists, as prescribed by Presidential Decree.
(3) As for institutions for fostering food industry specialists designated under paragraph (2), the State and local governments may partly or fully provide expenses necessary to foster such specialists within the budget limits as prescribed by Presidential Decree.
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 Article 8 (Promotion of Development of Technology Related with Food Industry)   print
(1) The Minister of Agriculture and Forestry shall conduct the following matters in order to facilitate development of technology related with promotion of food industry:
1. Research on trends in and demand for food industry technology;
2. Research and development of technology of promotion, fostering, etc. of food industry;
3. Research and development of technology for globalization of traditional food;
4. Matters concerning licensing the rights of developed technologies and commercialization thereof;
5. Matters concerning technical cooperation and exchange of information;
6. Other matters concerning research and development of technology related to food industry.
(2) In order to facilitate development of technology related with food industry under paragraph (1), the Minister of Agriculture and Forestry may subsidize necessary expenses for those who conduct research and development or industrialize food industry technology, etc.
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 Article 9 (Statistical Research on Food Industry)   print
(1) The Minister of Agriculture and Forestry may conduct statistical research concerning production, distribution, consumption, etc. of food in order to promote food industry, facilitate demand for and supply of food, and effectively use food materials. In such cases, the Statistics Act shall apply mutatis mutandis in compiling statistics related with food industry.
(2) Where the Minister of Agriculture and Forestry deems it necessary to compile statistics, he/she may request the heads of relevant central administrative institutions, the heads of local governments, the heads of public institutions, persons running food business and the heads of business operators’ organization under Article 11 to provide necessary documents and information.
(3) Each person who receives a request to provide documents and information pursuant to paragraph (2) shall cooperate with such request unless any special reason exists to the contrary.
(4) Necessary matters for conducting, etc. statistical research pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry.
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 Article 10 (International Exchanges and Trade Promotion)   print
(1) In order to help Korean food advance into overseas markets and to globally promote traditional food culture, the State and local governments may establish and implement necessary policies, such as exchange and cooperation with overseas institutions, finding new markets, advertising, inducing foreign investment, etc.
(2) The State and local governments may subsidize necessary expenses to institutions, organizations or business operators participating in policies under paragraph (1) within the extent not violating international norms.
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 Article 11 (Business Operators' Organization of Food Industry)   print
(1) For the purposes of developing the food industry, food business operators may establish the business operators' organization by obtaining authorization from the Minister of Agriculture and Forestry .
(2) The business operators' organization under paragraph (1) shall be juristic person; and necessary matters concerning details to be included in the articles of association, operation, supervision, etc. shall be prescribed by Presidential Decree.
(3) The business operators' organization under paragraph (1) may conduct the following business:
1. Investigation and research on development direction for the relevant industry;
2. Business for enhancing the competitiveness of the relevant industry and promoting mutual interest between members;
3. Business for reinforcing the link between the food industries and agriculture;
4. Other business deemed necessary to promote and develop the relevant industry, prescribed by Ordinance of the Ministry of Agriculture and Forestry.
(4) In cases of business operators' organizations under paragraph (1), the provisions on incorporated associations of the Civil Act shall apply mutatis mutandis except for matters specified under this Act.
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 Article 12 (Industrial Cluster Development of Food Industry)   print
(1) In order to increase the synergy effects from industrial clustering and mutual link among food related industries, such as the food industry, the agriculture industry, etc., the Minister of Agriculture and Forestry may establish and implement policies concerning industrial cluster development for food industry, such as concentrating related companies, research institutions, universities, corporate support facilities, etc. in a specific area, creating a specialized food industrial complex, etc.
(2) With respect to matters regarding creating a specialized food industrial complex and factories necessary for industrial cluster development for food industry under paragraph (1), procedures specified in the Industrial Sites and Development Act and the Industrial Cluster Development and Factory Establishment Act shall apply mutatis mutandis.
CHAPTER III PROMOTION OF FOOD INDUSTRY
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 Article 13 (Promotion of Exchange and Cooperation Projects, such as Contract Transactions, etc.)   print
(1) In order to increase the economic value added through reinforced links between the food industries and agriculture and enhance the competitiveness of the food industry by smoothly providing raw materials, the Minister of Agriculture and Forestry may encourage the exchange and cooperation projects, such as signing of an exchange and cooperation agreement for contracted production, supply, etc. of food materials between the agricultural producers or the organizations therefor and food business operators.
(2) The Minister of Agriculture and Forestry may subsidize necessary expenses in cases where exchange and cooperation projects are implemented under paragraph (1).
(3) The objects, criteria, and procedures of exchange and cooperation projects under paragraph (1) and eligible objects, criteria and procedures for subsidy and other necessary matters under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 14 (Designation of Food Masters)   print
(1) In order to help succeed to and develop excellent Korean food, the Minister of Agriculture and Forestry may designate an excellent food specialists as food master by selecting areas, such as food producing, processing, cooking, etc. and undergoing deliberation thereon by the Council, as prescribed by Presidential Decree.
(2) Any person designated as a food master pursuant to paragraph (1) shall report his/her activities to the Minister of Agriculture and Forestry, as prescribed by Presidential Decree.
(3) In cases where any food master under paragraph (1) runs or intends to run business of producing, processing, cooking food or passing on food skills, the Minister of Agriculture and Forestry may subsidize necessary expenses.
(4) In cases where any person designated as a food master pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Agriculture and Forestry may cancel the designation thereof by undergoing deliberation by the Council: Provided, That in cases of subparagraph 1, the designation shall be revoked:
1. In cases where he/she is designated as a food master by false or other unjust means;
2. In cases where he/she transfers or lends documents evidencing designation of a food master to other persons;
3. In cases where he/she fails to report activities, etc. as a food master under paragraph (2) without any justifiable reason, or reports such matters by false.
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 Article 15 (Support of Consulting for Food Industry)   print
(1) The Minister of Agriculture and Forestry may provide food business operators with consulting support concerning the following matters, such as management, technology, finance, accounting, etc.:
1. Providing appropriate consulting services in consideration of size and type of business;
2. Establishing assessment system for building credibility on outcomes from consulting;
3. Linking outcomes from consulting with means of support, such as financing ,subsidies, etc.;
4. Other business necessary to reinforce the foundations for consulting.
(2) The Minister of Agriculture and Forestry may subsidize food business operators or consulting providers the necessary expenses for business under paragraph (1).
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 Article 16 (Fostering Local Food Processing Industry)   print
(1) The Minister of Agriculture and Forestry may subsidize persons who run or intend to run business of simple processing of agricultural products, such as cleansing, peeling, cutting, etc. in the area of production or producing of food and fork-craft articles (hereinafter referred to as "processed agricultural products") which are processed by using agricultural products as raw materials or materials, necessary expenses for producing and developing processed agricultural products, installing and operating sales outlets, encouraging exports and other matters prescribed by Presidential Decree.
(2) In cases where any person eligible for expense subsidy under paragraph (1) intends to install factories to produce processed agricultural products, he/she shall submit business plans to the head of a Si (in cases of a Special Self-Governing Province, referring to the Governor of a Special Self-Governing Province; hereinafter the same shall apply)/Gun/Gu (referring to a head of an autonomous Gu; hereinafter the same shall apply.) having the jurisdiction over the regions where the factories are intended to be built, as prescribed by Ordinance of the Ministry of Agriculture and Forestry and obtain approval therefor.
(3) In cases where any person eligible for subsidy of expense under paragraph (1) receives approval for business plans under paragraph (2), he/she shall be deemed to have obtained permission, authorization, consent, approval, cancellation, etc. or made reports thereof under each of the following subparagraphs:
1. Permission for occupation and use of the public waters pursuant to Article 5 of the Public Waters Management Act;
2. Permission for change of quality and form of land pursuant to Article 56 of the National Land Planning and Utilization Act, designation of the urban planning facility project operator under Article 86 of the same Act, and authorization of implementation plans under Article 88 of the same Act;
3. Permission for conversion of farmland under Article 34 (1) of the Farmland Act;
4. Permission for construction of private roads under Article 4 of the Private Road Act;
5. Restriction on activities on land for erosion control under Article 14 of the Work against Land Erosion or Collapse Act, and cancellation of designation of land for erosion control under Article 20 of the same Act;
7. Permission for and reporting of conversion of mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act, and permission for and reporting of deforestation of standing timbers pursuant to Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;
8. Authorization of installation of exclusive water supply and industrial water supply under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
10. Permission for or reporting of conversion of grassland under Article 23 of the Grassland Act;
11. Permission for implementation of construction by persons, other than management office of public sewerage under Article 16 of the Sewerage Act, and reporting of installation of drainage equipment under Article 27 of the same Act;
12. Permission for river works and maintenance or repair thereof by the river management office under Article 27, and permission to occupy rivers under Article 33 of the same Act;
13. Permission for implementation of harbor works under Article 9 (2) of the Harbor Act.
(4) In cases where any person implementing projects under paragraph (3) obtains permission for construction under the Building Act in order to implement such project, he/she shall be deemed to have obtained permission or made reports under each of the following subparagraphs: <Amended by Act. No. 8974 & 8976. Mar. 21, 2008>
1. Temporary buildings under Article 20 of the Building Act;
2. Implementation of works by persons, other than a management office pursuant to Article 34 of the Road Act, and occupation and use of roads pursuant to Article 38 of the same Act, and designation of clearance zones pursuant to Article 49 of the Same Act.
(5) In cases where the head of a Si/Gun/Gu, intends to approve business plans containing any matter, the authority for which has not been delegated, among matters under paragraphs (3) and (4), he/she shall consult, in advance, with the heads of relevant administrative institutions or obtain approval therefor.
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 Article 17 (Globalization of Traditional Food and Dietary Culture)   print
(1) The State and local governments shall endeavor to keep tradition local food and dietary culture up-to-date by conducting research and discovering such food and dietary culture and improve the nation's image through globalization of Korean food and dietary culture.
(2) In cases where deemed necessary to globalize traditional food under paragraph (1), the State and local governments may subsidize expenses incurred in advertizing the Korean traditional food and dietary culture, assisting Korean restaurants opening branches overseas and food industry opening overseas markets, improving competitiveness of the food industry operating overseas, etc.
(3) Necessary matters concerning those eligible for subsidies, criteria for assistance, operation, etc. under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 18 (Succession to and Development of Traditional Dietary Culture)   print
(1) In order to enhance the consumer rights and succeed to and develop the traditional dietary culture, the State and local governments may provide information necessary therefor, and set guidelines for promoting traditional dietary culture, distribute them and provide guidance thereabout.
(2) In order to encourage wider consumption of local agricultural products and to succeed to and develop traditional dietary culture, the Minister of Agriculture and Forestry may develop various menus and recipes using local agricultural products and traditional food.
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 Article 19 (Conducting Research, etc. of Food Ingredients)   print
(1) In order to provide food information, etc. under Article 18 (1) and (2), the Government may publish a food ingredient table by analyzing nutritional value of food including agricultural products and conduct investigation and research on nutritional facts of food.
(2) Necessary matters concerning analysis of nutritional value of food, etc. including agricultural products and investigation and research on nutritional facts of food under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER IV QUALITY CONTROL OF FOOD
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 Article 20 (Industrial Standards Certification of Food)   print
(1) In order to facilitate the practices of standardization in the food industry, improve the quality of food, and promote the consumer rights, the Minister of Agriculture and Forestry may grant industrial standards certification of food.
(2) Items, criteria, methods of labels of industrial standards certification under paragraph (1) and other matters shall be prescribed by Presidential Decree.
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 Article 21 (Facilitating International Standardization for Traditional Food)   print
The Minister of Agriculture and Forestry shall endeavor to facilitate international standardization for traditional food in order to improve the quality of traditional food and facilitate international trade thereof and promote international cooperation, such as establishing food standards for international organizations, such as Food and Agriculture Organization and the Codex Alimentarius Commission, providing information, etc.
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 Article 22 (Certification of Quality of Traditional Food)   print
(1) The Minister of Agriculture and Forestry shall conduct the certification of quality for traditional food in order to improve the quality of traditional food, encourage the production thereof and to protect consumers.
(2) Products subject to certification of quality, methods of labeling, procedures for application and other necessary matters for implementing the quality certification system under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 23 (Certification of Processed Organic Food)   print
(1) The Minister of Agriculture and Forestry may operate a certification system for processed organic food in order to improve quality of processed organic food, encourage production thereof, and to protect consumers.
(2) The period of validity for certification of processed organic food under paragraph (1) shall be one year from the date of obtaining such certification: Provided, That in cases where the shipment for products concerned is not complete within one year, or extension of period of validity is necessary, considering the characteristics of such product, such period may be extended, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.
(3) Any person who obtains certification of processed organic food pursuant to paragraph (1) shall undergo periodic inspection as to compliance with standards of certification of processed organic code (hereinafter referred to as "periodic inspection"), as prescribed by Ordinance of the Ministry of Agriculture and Forestry.
(4) Methods, procedures, details under paragraph (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry.
(5) Necessary matters concerning procedures and criteria for certification of processed organic food, the kind and criteria of selection of allowable organic materials concerned, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry.
(6) Any person who obtains certification under paragraph (1) or any person who intends to sell or process such certified processed organic food shall place marks or letters identifying processed organic food on the packaging, container, etc.
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 Article 24 (Support, etc. for Certification Institutions of Quality Food)   print
(1) In order to effectively grant industrial standards certification of food pursuant to Article 20 (1), quality certification of traditional food under Article 22 (1) and certification of processed organic food pursuant to Article 23 (1) (hereinafter referred to as "quality food certification"), and to conduct periodic inspection, etc., the Minister of Agriculture and Forestry may designate a certification institution of quality food, and provide necessary expenses for operation thereof within the budgets.
(2) Necessary matters concerning designation and operation of certification institutions of quality food under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 25 (Prohibition, etc. of Wrongful Activities)   print
No person who falls shall conduct any act falling under following:
1. Being designated as food master pursuant to Article 14 (1) by false or other unjust means, or transferring or lending to other persons documents evidencing identification of food master;
2. Obtaining industrial standards certification of food under Article 20 (1), quality certification of traditional food under Article 22 (1), or certification of processed organic food under Article 23 (1) by false or other unjust means;
3. Labeling food with an indication of quality food certification or other labels similar thereto (including indication in foreign languages which may be misunderstood as traditional food or processed organic food; hereinafter the same shall apply) when, in fact, the food has failed to be certified as such;
4. Labeling food with quality food certification differently from the actually certified contents;
5. Selling food by combining food with quality food certification and non-certified food or storing, transporting or displaying, etc. the certified and non-certified food for selling the combination of the two;
6. Selling food or storing, transporting or displaying food for selling when a person is aware that the label of such food is based on incorrect information, other than details of certification;
7. Selling food with labels with quality food certification or with labels similar thereto, or storing, transporting or displaying such food for selling when a person is aware that the food is not certified food for excellent quality;
8. Advertising food without quality food certification as that with certification;
9. Advertising food with quality food certification based on incorrect information, other than details of certification.
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 Article 26 (Follow-up Monitoring of Quality Food Certification)   print
(1) In cases where deemed necessary to maintain the quality of food with quality food certification and to project consumers, the Minister of Agriculture and Forestry may have public officials concerned and responsible personnel from the certification institution of quality food under Article 24 conduct the following activities:
1. Research on appropriateness to meet the criteria of quality food certification;
2. Perusal of relevant books or documents of persons awarded certification;
3. Conducting research by collecting samples of food with certification, or entrusting specialized testing and research institutions, etc. with testing.
(2) Any person awarded quality food certification shall keep and maintain relevant documents, such as certification review records, documents, etc. on management of processing facilities, use of food additives, and trade of food with certification, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.
(3) In cases of research, perusal or collection pursuant to paragraph (1), no user, occupant or manager of certified food shall reject, hinder or avoid such activities without any justifiable reason.
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 Article 27 (Fees, etc.)   print
(1) Any person falling under any of the following subparagraphs shall pay fees:
1. Any person who intends to obtain quality certification of traditional food pursuant to Article 22 (1);
2. Any person who intends to obtain certification of processed organic food pursuant to Article 23 (1);
3. Any person who intends to apply for extension of a period of validity for certification of processed organic food pursuant to Article 23 (2).
(2) Necessary matters concerning the amount of fees, methods of payment, period of payment under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry.
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 Article 28 (Orders to Change Labels, etc.)   print
(1) In cases the Minister of Agriculture and Forestry deems that the food awarded quality food certification violates the requirements for certification or the methods of labeling based on the outcome of research or testing under Article 26, or it is difficult to produce the food or retain the food industry, he/she may issue an order to change the labeling, or suspend the use thereof or sales.
(2) Detailed criteria for administrative measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry.
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 Article 29 (Cancellation of Quality Food Certification)   print
In cases where any person who obtained quality food certification falls under any of the following subparagraphs, the Minister of Agriculture and Forestry may cancel the certification thereof: Provided, That in cases of subparagraph 1, such certification shall be cancelled:
1. In cases where a person has obtained certification by false or other unjust means;
2. In cases where a considerable gap exists between the actual and the requirements for certification based on the outcome of investigation under Article 26;
3. In cases where a person fails to comply with orders to change labels, suspend the use thereof or sales under Article 28 without any justifiable ground.
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 Article 30 (Succession)   print
(1) Any person who obtained quality food certification transfers the business, is deceased, or the corporation is merged, the transferee, his/her successor who intends to continue to produce, import or distribute the food with quality food certification, or any corporation surviving or newly established after merge may succeed to the status of a person who obtained quality food certification.
(2) Any person who succeeds to the status of a person who obtained quality food certification under paragraph (1) shall report such fact to the Minister of Agriculture and Forestry.
(3) Necessary matters to make reports under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture and Forestry.
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 31 (Tax Reduction and Exemption)   print
In order to effectively facilitate policies of food industry promotion under this Act, the State and local governments may reduce or exempt taxes for food business operators under the Restriction of Special Taxation Act and the Local Tax Act.
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 Article 32 (Preferential Purchase of Food with Certification Labels)   print
In cases where the State, local governments, and public institutions under Article 4 of the Act on the Management of Public Institutions intend to purchase food, they may preferentially purchase food falling under any of the following subparagraphs:
1. Food with quality certification of traditional food under Article 22 (1);
2. Food with certification of processed organic food under Article 23 (1);
3. Products produced at a place which observe the Hazard Analysis Critical Control Point (HACCP) under Article 9 (1) of the Processing of Livestock Products Act;
4. Other products certified pursuant to the national certification system prescribed by Presidential Decree.
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 Article 33 (Encouragement of Use of Quality Food Materials)   print
(1) In order to encourage stable supply of quality food by the food business operator, the Minister of Agriculture and Forestry may establish and implement polices to facilitate the use of safe and quality food materials falling under the following subparagraphs: <Amended by Act No. 9432, Feb. 6, 2009; Act No. 9759, Jun. 9, 2009>
1. Food with quality certification of traditional food under Article 22 (1);
2. Food with certification of processed organic food under Article 23 (1);
3. Deleted; <by Act No. 9759, Jun. 9, 2009>
4. Agricultural products with certification of the Good Agricultural Practices pursuant to Article 5 (2) of the Agricultural Products Quality Control Act;
5. Products with registration of a geographical indication pursuant to Article 8 of the Agricultural Products Quality Control Act;
6. Products producted at a plant which observes the HACCP under Article 9 (1) of the Processing of Livestock Products Act;
7. Products with certification of environmentally-friendly agricultural products under Article 17 of the Environment-Friendly Agriculture Fosterage Act;
8. Products producted at a plant which observes the HACCP under Article 48 (2) of the Food Sanitation Act;
9. Other products certified pursuant to the national certification system prescribed by Presidential Decree.
(2) Targets subject to policies to encourage to use quality food materials pursuant to paragraph (1), the criteria, procedures, methods, and other necessary matters shall be prescribed by Presidential Decree.
(3) The Minister of Agriculture and Forestry may partly or wholly subsidize the expenses for policies to encourage the use of excellent food materials under paragraph (1).
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 Article 33-2 (Hearings)   print
In cases falling under any of the following subparagraphs, the Minister of Agriculture and Forestry shall hold hearings:
1. Cancellation of designation of food master under Article 14 (4);
2. Cancellation of quality food certification under Article 29.
[This Article Wholly Amended by Act No. 9663, May 8, 2009]
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 Article 34 (Delegation and Entrustment of Authority)   print
The authority of the Minister of Agriculture and Forestry under this Act may be partly or wholly delegated to the Administrator of Rural Development Administration, the Minister of Korea Forest Service, the Mayor/Do Governor, or heads of affiliated institutions, or entrusted public institutions, producers' organizations or other agriculture and food related corporations, as prescribed by Presidential Decree.
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 Article 35 (Legal Fiction as Public Official in Application of Penal Provisions)   print
Executives and employees of certification institutions of quality food under Article 24 (1) shall be deemed as public officials in application of penal provisions pursuant to Articles 129 through 132 of the Criminal Act.
CHAPTER VI PENAL PROVISIONS
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 Article 36 (Penal Provisions)   print
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won:
1. Any person who obtains quality food certification by false or other unjust means, in violation of subparagraph 2 of Article 25;
2. Any person who places a label of quality food certification or other label similar thereto on food without quality food certification, in violation of subparagraph 3 of Article 25;
3. Any person who places a label of quality food certification on food with quality food certification based on incorrect information, other than details of certification, in violation of subparagraph 4 of Article 25;
4. Any person who sells food by combining food with quality food certification and non-certified food, or stores, transports or displays, etc. the certified and non-certified food for selling the combination of the two, in violation of subparagraph 5 of Article 25;
5. Any person who sells food or stores, transports or displays, food for selling when the person is aware that the label of such food is based on incorrect information, other than details of certification, in violation of subparagraph 6 of Article 25;
6. Any person who sells food with labels of quality food certification or with labels similar thereto, or stores, transports or displays such food for selling when the person is aware that the food is not certified food of excellent quality in violation of subparagraph 7 of Article 25.
(2) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won:
1. Any person who advertises food without quality food certification as that with certification in violation of subparagraph 8 of Article 25;
2. Any person who advertises food with quality food certification based on incorrect information, other than details of certification in violation of subparagraph 9 of Article 25;
3. Any person who fails to comply with orders to change labels, suspend to use thereof or sell pursuant to Article 28 (1).
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 Article 37 (Joint Penal Provisions)   print
(1) If the representative of a juristic person, or an agent, an employee and any employed person of the juristic person commits any act under Article 36, not only shall such actor be punished accordingly, but the juristic person shall be punished by a fine under the same Article.
(2) If an agent, an employee and any employed person of an individual commits any act concerning any affair of such individual under Article 36, not only shall such actor be punished accordingly, but the individual shall be punished by a fine under the same Article.
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 Article 38 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. Any person who is designated as food master by false or other unjust means, in violation of subparagraph 1 of Article 25;
2. Any person who fails to keep and maintain relevant documents, in violation of Article 26 (2);
3. Any person who rejects, hinders or avoids investigation, in violation of Article 26 (3);
4. Any person who fails to report his/her succession to the status of a person who has obtained the quality food certification, in violation Article 30 (2);
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Agriculture and Forestry, as prescribed by Presidential Decree.
(3) Any person who is dissatisfied with fines for negligence under paragraph (2) may raise objection to the Minister of Agriculture and Forestry within 30 days from the date on which he/she is notified of such disposition.
(4) In cases where any person who has received a disposition under paragraph (2) raises objection pursuant to paragraph (3), the Minister of Agriculture and Forestry shall immediately notify such fact to the competent court, which, in turn, shall proceed to the trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.
(5) If neither an objection is raised nor is a fine for negligence paid within such period prescribed in paragraph (3), the said fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on six months after the date of its promulgation.
Article 2 (Repeal of Other Acts)
The Fosterage of Agricultural Products Processing Industry Act shall be repealed.
Article 3 (Transitional Measures)
(1) The designation of items of traditional food, designation of traditional food master and quality certification of regional food specialties, etc. under the previous provisions of the Fosterage of Agricultural Products Processing Industry Act at the time this Act enters into force shall be deemed to have been designated or certified under this Act.
(2) Financial support for any person who locally produces or intends to locally produce processed goods, and any person who runs food service business pursuant to the Fosterage of Agricultural Products Processing Industry Act at the time this Act enters into force shall be deemed to have been granted under this Act.
Article 4 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9663, May 8, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No.9717, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9759, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.