livestock products sanitary control act

Livestock Products Sanitary Control Act

Annex III

1


「Enforcement 2014.Nov.22.」「Act 12672, 2014.May.21., Partially Amended」

MFDS (Agro-livestock and Fishery Products Policy Division) 043-719-3204

Chapter 1 (General Provisions) <Amended 2010.May.25.>

Article 1 (Purpose)

The purpose of this Act is to contribute to sound development and improvement of public sanitation by

defining matters regarding farming, slaughter, handling of livestock product processing, distribution

and inspection for sanitary control of livestock product and quality improvement.

Article 2 (Definition) Terms used in this is as follows <Amended 2013 Mar 23>

1. “Livestock” refers to cattle, horses, sheep (including goats, etc.; hereinafter the same shall apply),

swine, chickens, and other animals, poultry, and the like specified defined under Presidential

Ordinance.

2. “Livestock products” refers to meat, packaged meat, raw eggs, eggs, processed meats, dairies,

processed egg products.

3. “Meat” refers to carcass, lean meat, viscera, and other parts of livestock for the purpose of eating

4. "Packed meat" refers to packaged meat that is cut (including slicing and mincing) and then stored

in cold or frozen for sale (including providing it to many people of any group free of charge)

without chemical substance or other additives or food are added.

5. “Raw milk” shall refer to milk in a state of milking and goat milk for sales or handling and

processing for sale.

6. “Eggs” shall refer to eggs of livestock for the purpose of eating and defined by Prime Minister

Ordinance.

7. “Collecting milk” shall refer to collection, filtering, freezing or storage of raw milk.

8. “Processed meat” shall be ham, sausages, bacons, dried meats, meats with spices or other

processed meat for sales and defined by Presidential Ordinance.

9. "Dairy" shall refer to milk, low fat milk, powder milk, fermented milk, butter, cheeses and other

processed raw milk for sales and defined by Presidential Ordinance.

10. "Processed eggs “shall refer to yolk, white yolk, dried egg yolk powder and other processed

eggs for sales and defined by Presidential Ordinance.

11. "Workplaces, or site" shall refer to slaughter sites, milk-collection site, livestock product

processing site, meat packaging site or livestock product storage site.

12. "Non-ambulatory" shall refer to a symptom in which animals cannot stand or walk.

「 Amended 2010.5.25.」


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Article 3 (Relations with Other Rules)

Matters regarding livestock products, that are not defined by this act shall follow「Food Sanitation Act」.

「 Amended 2010.May.25.」

Chapter 2 Standards, Specifications and Labeling of Livestock Products

Article 3.2 (Installation of Livestock Product Sanitation Evaluation Committee etc.)

In order to investigate and review major items on livestock product sanitation, the livestock

product sanitation evaluation committee (hereinafter referred to as “Committee”) shall be

established reporting directly to Minister of Ministry of Food and Drug Safety(MFDS) <revised

2013.3.23>.

② Committee shall investigate/review the followings <revised 2013.3.23., 2013.7.30>

1. Pathogenic microorganism inspection criteria and pollution prevention

2. Technical guidelines and training on how to prevent residue of harmful substances such as

antibiotics or pesticides in the livestock products

3. Standards on processing/packaging/preservation/distribution of livestock products and

ingredient specifications

4. Safety management certificate standards according to Article 9.1

5. Ban on import∙sales of livestock products according to Article 15.2.1 or Article 33.2.2

6. Other matters which Minister of MFDS deems important and put on the review agenda

③ Researcher can be hired in Committee to investigate and study international standards and

specifications of the livestock products

④ Matters required for setup and operation of Committee which are not defined in Clause 1~3 shall

be defined by Presidential Ordinance


Article 4 (Standards and Specifications of Livestock Products)

① Slaughtering and handling of livestock and collecting milk shall be determined by Prime Minister

Ordinance <Amended 2013.3.23.>.

② Minister of MFDS can announce the followings in case when it is required for public sanitation

<Amended 2013.3.23.>.

1. Standards on processing∙packaging∙preservation and distribution methods of livestock

(hereinafter referred to as “Processing Standards”)

2. Specification on ingredient of livestock (hereinafter referred to as “ingredient specifications”)

3. Standards on sanitation levels of livestock


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③ When it comes to livestock products without processing standards and ingredient specifications,

Minister of MFDS can make Business Operators of the livestock product processing business

submit processing standards and ingredient specifications and go through the review by a testing

laboratory according to Article 6.2.2 of 「Testing and Inspection of Food and Drug Act」 and

recognize the standards and specifications temporarily until the announcement is made according

to Clause 2. <Amended 2013.Mar.23., 2013.7.30.>

④ Standards, processing standards and ingredient specifications of the livestock products for

export can be subject to the standards, processing standards and ingredient specifications

requested by Importer despite Clause 1~2.

⑤ Slaughter and processing of livestock and milk-collection and

processing∙packaging∙preservation∙distribution of livestock products shall follow Clauses 1~3. And it

also applies to imported livestock for sales.

⑥ Livestock that do not fulfill the standards, processing standards, and ingredient specifications

according to Clause 1~3 shall not be stored∙transported or displayed for sales.


Article 5 (Container Specifications etc.)

① In case when it is acknowledged as needed, Minister of MFDS can notify the requirements

including specifications on container, equipment, packaging or coloring matter for sealing and

printing to be used for livestock products. <Amended 2013.Mar.23.>

②In case when the specifications are determined according to Clause 1, containers suitable for the

specifications shall be used.


Article 6 (Standards for livestock labeling)

① Minister of MFDS can notify labeling standards of livestock for sales. In this case a separate

labeling can be set for native livestock according to Article 2.1.2 of 「Livestock Act」. <Amended

2013.Mar.23., 2013.Apr.5.>

② Livestock with the labeling standards according to Clause 1 shall have the labeling according to

Clause 1. It is also the same for the imported livestock for sales.

③ Livestock with the labeling standards according to Clause 1 shall not be processed, packaged,

stored, transported or displayed for sales in case there is no labeling according to Clause 2.

「 Amended 2010.5.25.」

Chapter 3 Livestock sanitary control <Amended 2010.5.25.>

Article 7 (Slaughter etc.)

① Slaughter and handling, milk-collection, processing, packaging and storage of livestock products

shall be conducted only at work places with permission according to Article 22.1, unless it falls

into the following case; <Amended 2011.Nov.22.>


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1. Slaughter and handling for the purpose of study and research

2. Slaughter and handling of livestock other than cattle and horses for purpose of self-

consumption in a specified area per livestock according to official announcement by Special

Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Governor

or Special Self-Governing Province Governor (hereinafter referred to as “Mayor and Governor”)

3. Slaughter and handling of livestock other than cattle, horses, pigs and lamb for purpose of

direct cooking and sales to customers in a corresponding area per livestock according to

official announcement by Mayor and Governor

②The person who conducts slaughter and handling of livestock according to Clause 1.1 shall report

it to Mayor and Governor according to Prime Minister Ordinance. <Amended 2013.3.23.>

③ Meat of slaughtered and handled livestock according to Clause 1.1 can be eaten or sold

according to Prime Minister Ordinance. <Amended 2013.3.23.>

④The person who slaughters and handles livestock other than cattle, horses, pigs and lamb

according to Clause 1.3 shall conduct the action hygienically according to the official

announcement determined and made by Minister of MFDS. <Amended 2013.3.23.>

⑤Despite partial provisions other than sub clauses of Clause 1, non-ambulatory livestock shall not

be slaughtered∙handled for eating or sales except for injuries and other cases such as

Presidential Ordinance.

⑥ Government and local autonomous entities shall dispose non-ambulatory livestock in an

appropriate manner after the disease screening and make the due compensation to the operators

of the livestock for the loss.

⑦ Target livestock to be applied under Clause 5 and disease screening items, screening methods,

compensation criteria, procedures, compensation evaluation and disposal methods referred

under Clause 6 shall be determined by Presidential Ordinance.


Article 8 (Sanitary Control Standards)

①Sanitary control standards (hereinafter referred to as “Sanitary control Standards”) which will be

implemented by the person who got a permit under Article 22 or made report under Article 24

(business operator) and/or employee at work places or business places shall be determined by

Prime Minister Ordinance. <Amended 2013.Mar.23.>

② Business Operator falling into the followings shall make and operate its own self-sanitary control

standards where the business operator and/or employees shall follow at work places or business

places according to Sanitary control Standard. <Amended 2013.3.23.>

1. Business Operators at slaughter business according to Article 21.1.1

2. Business Operators at livestock processing business according to Article 21.1.3

3. Business Operators at meat packaging business according to Article 21.1.4

4. Other business operator who are deemed to make and operate its own self-sanitary control

standards according to Prime Minister Ordinance


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③ Matters required for making and operating self-sanitary control standards according to clause 2

according to Prime Minister Ordinance <Amended 2013.3.23.>


Article 9 (HACCP Standards of Livestock Products)

①Minister of MFDS shall make the HACCP standards of livestock products (hereinafter referred to as

“HACCP Standards”) and its application per process according to Prime Minister Ordinance from

farming to raw material management, handling, processing, packaging, distribution and to sales.

② Business Operators of slaughtering business under Article 21.1.1, Business Operators of milk-

collection under Article 21.1.2 and Business Operator under Article 21.1.3 shall make and operate

self-HACCP management standards of livestock products (hereinafter referred to as “Self-HACCP

Management Standards”) according to HACCP Standards according to Prime Minister Ordinance.

However it is not applicable to business operators in isles designated by Prime Minister Ordinance.

③ Minister of MFDS can certify HACCP Management Workplace∙HACCP Management business

place or HACCP Management Farm after evaluating workplaces, business places or farms in case

when a person wishes to get certified (excluding Business Operators according to Clause 2).

④ Any person who defined by livestock cooperative associations according to 「Agricultural

cooperative association」 and Prime Minister Ordinance applies for certification proving that he or

she is comforming to all the HACCP Standards throughout the process from farming, slaughter of

livestock to handling, processing, distribution and sales, Minister of MFDS can certify the applicant

after examining the applicant, and his contracted workplaces, business places or farms on shipping

of livestock or raw material supply with regard to HACCP Standards. In this case the workplace,

business place or farm are deemed as certified workplace, certified business place or certified

farms respectively under Clause 3.

⑤ In case certified HACCP management workplace and certified HACCP management business

place or certified HACCP management farm or deemed as so under the latter provisions of Clause

3 or 4 or integrated certified HACCP Management businesses under former provision of Clause 4

wishes to make changes to the certified which are subject to Prime Minister Ordinance, the change

certificate shall be granted by Minister of MFDS.

⑥ Minister of MFDS shall submit evidence documents proving certificate or changed certificate to

certified HACCP management workplace∙certified HACCP management business place or certified

HACCP management farm or deemed as sounder the latter provisions of Clause 3 or 4 or

integrated certified HACCP Management businesses under former provision of Clause 4 and

Person which obtained the change certificate under Clause 4.

⑦ Businesses without the documents issued under Clause 6 shall not use the name Certified

HACCP Management Workplace, Certified HACCP Management Businesses, Certified HACCP

Management Farms or Certified Integrated HACCP Management Businesses (hereinafter referred

to as “Certified HACCP Management Workplace etc.”).

⑧ Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head (hereinafter

referred to Head of self-governing district) can provide technology·information or training required to

comply with HACCP Standards to the followings in order to efficient operation of HACCP Standards:

1. Business Operators who have to make and operate Self-HACCP Management Standards

(including employee)


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2. Person who wishes to receive or have received the certificate under Clause 3 or 4 (including

employees)

⑨ Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can provide

loan and etc. to enhance facilities to Certified HACCP Management Workplace

⑩The following shall be determined by Prime Minister Ordinance

1. Certificate requirements and procedures for HACCP Management workplace according to

Clause 3 and 4

2. Change certificate procedure according to Clause 5

3. Evidence documentation issuance according to Clause 6

4. Training institutes, costs, contents etc. according to Clause 8

「 Amended 2013.7.30.」

「Effective date」revised provisions shall be effective on the date as defined in the following regarding

to milk-collection business under Article 9.2

1. Milk collection business with daily volume of 150 ton: 2014 Jul 1

2. Milk collection business with daily volume of more than 75 ton and below 150 ton: 2015 Jan 1

3. Milk collection business with daily volume of below 75 ton: 2016 Jan 1

「Effective date」revised provisions shall be effective on the date as defined in the following regard to

livestock processed product business under Article 9.2

1. Businesses with annual revenue of over 2 Billion KRW and over 51 employees: 2015 Jan 1

2. Businesses with annual revenue of over 500 Million KRW and over 21 employees: 2016 Jan 1


4. Businesses with annual revenue of below 100 Million KRW and less than 5 employees: 2018

Jan 1

Article 9.2 (Effective Period of Certificate)

① Certificate Effective period under Article 9.3 or 9.4 shall be three (3) years from the certificate

granted date and the effective period of changed certificate under Clause 5 shall be the

remaining period of the original certificate effective period.

② Person who wishes to extend the certified effective period under Clause 4 shall apply for the

extension to Minister of MFDS according to Prime Minister Ordinance.

③ Minister of MFDS can extend the period when he or she acknowledges that the extension

application made under Clause 2 is suitable for Safety Management Certificate Standards. In this

case one extension period cannot exceed three (3) years.

「 Amended 2013.7.30.」


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Article 9.3 (Evaluationon the Compliance of HACCP Standards)

① Minister of MFDS shall inspect/evaluate Certified HACCP Management Workplace at least once

a year with regard to compliance of the HACCP Standards.

② Minister of MFDS shall inspect/evaluate businesses with Certified Self-HACCP Management

Standards at least once a year with regard to the compliance and operation.

③ Minister of MFDS can make administrative·financial support to businesses with good inspection

and evaluation results according to Clause 2 before other businesses.

④ Minister of MFDS shall make continuous efforts to settle and develop HACCP Management

System through the verification of the feasibility of HACCP Standards.

⑤ Minister of MFDS can allow relative public officers enter the workplace, businesses and farms

for inspecting for verification under Clause 4. In this case the officers shall show the credentials

proving the authority to the related Person.

⑥ Person with the Certified HACCP Management Workplace (including employees) and Business

Operators of Certified Self-HACCP Management Standards (including employees) shall not

refuse, interrupt or avoid the entry and inspection according Clause 1,2, and 5.

⑦ Minister of MFDS can make Mayor and Governor take measures according to Article 27.1 in

case when he or she found that violation of Certified Self-HACCP Management Standards during

inspection and evaluation under Clause 2.

⑧The following shall be determined by Prime Minister Ordinance

1. Inspection and evaluation methods and procedures under Clause 1 and 2

2. Feasibility verification etc. under Clause 4.

「 Amended 2013.7.30.」


to milk-collection business under Article 9.3.2

1. Milk collection business with daily volume of 150 ton: 2014.7.1

2. Milk collection business with daily volume of more than 75 ton and below 150 ton: 2015.1.1.

3. Milk collection business with daily volume of less than 75 ton: 2016.1.1


livestock processing business under Article 9.3.2

1. Businesses with annual revenue of over 2 Billion KRW and over 51 employees: 2015 Jan 1



4. Businesses with annual revenue of below 100 Million KRW and less than 5 employees: 2018

Jan 1


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Article 9.4 (Revocation of certificates, etc.)

Minister of MFDS can order correction measures under Prime Minister Ordinance or revoke the

certificates in case when Certified HACCP Management Workplace falls into any of the following

case. However, the certificate shall be revoked in case of Clause1 or 5.

1. Certified via false or dishonest manners

2. Failure to fulfill HACCP Standards

3. Change the certified without change certificate according to Article 9.5

4. Over two (2) months of business suspension (excluding partial suspension of businesses)

order or equivalent penalties imposed according to violation of Article 4.5.6, 5.2, 8.2, 12.2, 12.3,

18, 32.1 or 33.1 or violation of the order according to Article 36.1 or 2

5. Failure to fulfill the corrective measures order over two times within a year

6. Refusal, interruption or avoidance of entry, inspection and evaluation according to Article 9.3.1

· 9.3.5

7. Other cases under Clause 2·4 and according to defined by Prime Minister Ordinance

「New provision 2013.7.30.」

Article 9.5 (Korea Livestock Products HACCP Accreditation Service Setup, etc.)

① Minister of MFDS shall setup Korea Livestock Products HACCP Accreditation Service

(hereinafter referred to as KOLPHAS) for efficient certificate work.

② KOLPHAS shall be legal entity.

③ KOLPHAS shall be setup with the registration made at its major branch location.

④ KOLPHAS shall conduct the followings to meet the objective.

1. Certificate, change certificate and evidence documents issuance of Certified HACCP

Management Workplace commissioned according to Article 44.1

2. Inspection and evaluation as to compliance of HACCP Standards on the Certified HACCP

Management Workplace commissioned according to Article 44.1

3. Testing and research with regard to operation of Livestock Products Sanitation and HACCP

Standards

4. Training on Livestock Products Sanitation and HACCP Standards

5. Technical support businesses with regard to HACCP Standards and Self-HACCP Management

Standards

6. Other additional businesses in relation to Clause 1~5

7. Other businesses commissioned by local autonomous entities

8. Other businesses conducted according to other rules


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⑤ Minister of MFDS can support part or all of the cost required to execute business under Clause

4.

⑥ Minister of MFDS can supervise KOLPHAS according to Prime Minister Ordinance with regard

to businesses under Clause 4 and make the instate the necessary report.

⑦ Provisions on corporations from Civil Law shall be applied to KOLPHAS for matters not defined

in this Act.

「New addition 2013.Jul.30.」

Article 10 (Ban on Dishonest Activities)

Person shall not conduct dishonest activities such as increasing volume or weight by forcing livestock

to drink water or adding water into meat.


Article 10.2 (Packaging of Livestock Product)

① Minister of MFDS can make Business Operators to pack livestock products for storage,

transport, display and sale to safely manage livestock. <Amended 2013.3.23.>

②Required matters such as types of livestock products to be packaged and Business Operators

according to Clause 1 shall be determined by Presidential Ordinance.

「 Amended 2010.5.25.」

Chapter 4 Inspection <Amended 2010.5.25.>

Article 11 (Livestock Inspection)

① Business Operators of slaughter business shall receive inspection from an appointed and

designated inspector (hereinafter referred to as inspector) according to Article 13.1 with regard to

livestock to be slaughtered and handled at workplace according to Article 21.1. <Amended

2013.7.30.>

② Mayor and Governor can make inspector to inspect cows or lambs for milking.

③ Operators or administrators of the milking cows or lambs shall not refuse, interrupt or avoid the

inspection according to Clause 2.

④ Inspection items, methods, standards and procedures etc. according to Clause 1 and 2 shall be

determined by Prime Minister Ordinance. <Amended 2013.3.23.>

「 Amended 2010.5.25.」


to slaughter business under Article 11.1

1. Businesses with daily average slaughter of above 80,000 livestock: 2014.7.1

2. Businesses with daily average slaughter of more than 50,000 livestock and less than 80,000

livestock: 2015.1.1


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3. Businesses with daily average slaughter of below 50,000 livestock: 2016.1.1

Article 12 (Livestock Product inspection)

① Business Operators of slaughter shall have the handling meat inspected by an inspector

according to Article 21.1. <Amended 2013.7.30.>

② Milk collection businesses shall have the collected raw milk inspected by designated

Veterinarian in charge (hereinafter referred to as “Veterinarian in charge”) according to Article 13.

<Amended 2013.7.30.>

③ Livestock processing businesses shall have processed livestock inspected under Prime Minister

Ordinance if it fulfills processing standards and ingredient specifications. <Amended 2013.3.23.>

④ Governor and Mayor can commission inspection to a testing laboratory of livestock products

according to Article 6.2.2 of 「Rules on Testing and Inspection in Food and Drug」 in case when

the workplace is not suitable for the inspection under Clause 2 or 3 due to lack of equipment and

facilities. <Amended 2013.7.30.>

⑤ Minister of MFDS or Mayor and Governor can have edible eggs inspected by

inspector.<Amended 2013.3.23.>

⑥inspection items, methods, standards and other required matters under Clause 1~3 and 5 shall

be determined by Prime Minister Ordinance. <Amended 2013.3.23.>

「 Amended 2010.5.25.」


slaughter business under Article 12.1



livestock: 2015.1.1


Article 12.2 (Compliances Before Shipping of Livestock etc.)

① Person falling into any of the following shall comply with Prime Minister Ordinance such as

discontinuation of feeding and banning period for drug injection before shipping.

1. Person who raises livestock

2. Person who intend to ship livestock to slaughter house

3. Person who intend to ship livestock products such raw milk defined by Prime Minister

Ordinance

② Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can give

guidelines for improvement or order corrective measures to a person who falls into the following

according to inspection results under Article 11 or 12 in terms of raising methods and/or sanitation

shipping etc.


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1. Shipped livestock or livestock products shipped by Person under Clause 4 doesn’t fulfill

inspection standards determined by Prime Minister Ordinance according to Article 11.4 or 12.6

2. Person under Clause 1 are deemed failure to fulfill Cause 1

「 Amended 2013.7.30.」

Article 12.3 (Re-inspection of Livestock Products)

① In case when the inspection results show failure to fulfill processing standards and/or ingredient

specifications according to Article 12, 15.2, and 19 and appropriate inspection is required,

Minister of MFDS or Mayor and Governor shall notify the results to Business Operators

beforehand. <Amended 2012.2.22., 2013.3.23.>

② In case when Business Operators who received the notification is against the results, he or she

can request Mayor and Governor for re-inspection with the inspection report or inspection

certificates issued by local/overseas inspection agency acknowledge by Minister of MFDS

attached. <Amended 2012.2.22., 2013.3.23.>

③ In case when Minister of MFDS or Mayor and Governor shall inform the Business Operators of

the decision on re-inspection according to Presidential Ordinance upon the request for re-

inspection under Clause 2. <Amended 2012.2.22., 2013.3.23.>

④ In case when Minister of MFDS or Mayor and Governor decide to conduct re-inspection

according Clause 3, it shall conduct re-inspection without delay and inform the corresponding

Business Operators of the results.<Amended 2013.3.23.>

⑤ Notification contents and due time and etc. under Clause 1,3, and/or 4 shall be determined by

Presidential Ordinance.

「 Amended 2010.5.25.」

「Title Amended2012.2.22.」

Article 13 (inspector and Veterinarian in charge)

① Minister of MFDS or Mayor and Governor shall appoint or designate inspector out of those in

capacity of veterinarian according to Presidential Ordinance in order to conduct inspection

according to the Act. <Amended 2013.3.23.>

② In case when an inspector who conducts inspection according to Article 11.1 and/or 12.1

conclude that necessary actions can resolve harmful factors with regard to Article 33.1.1~4, the

inspector can make slaughter Business Operators make necessary actions such as immediate

removal of harmful factors or order suspension of work and business operators shall follow the

actions without reasonable reasons. <New addition 2013.7.30.>

③ In case of Article 12.2, operators shall obtain the approval from Mayor and Governor according

to Prime Minister Ordinance and designate Veterinarian in charge out of registered ones in order

to conduct inspections according to the Act. <Amended 2013.3.23., 2013.7.30.>

④ Business Operators who designated the Veterinarian in charge shall not interfere work of the

Veterinarian in charge and request made from the veterinarian in relation to work execution shall

not be refused unless there is reasonable reasons. <Amended 2013.7.30.>


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⑤ Minister of MFDS or Mayor and Governor shall make efforts to assign an appropriate number of

inspectors to the corresponding workplace with the workload considered under Presidential

Ordinance and business managers who designate Veterinarian in charge according to Clause 3

shall assign an appropriate number of Veterinarians in charge to the work place with the workload

of the Veterinarian in charge considered under Presidential Ordinance. <New addition 2012.2.22.,

2013.3.23., 2013.7.30.>

⑥ Qualifications·roles, standard workload of inspectors and Veterinarians in charge shall be

determined by Presidential Ordinance. <Amended 2012.2.22., 2013.7.30.>

「 Amended 2010.5.25.」


to slaughter business under Article 13.3



livestock: 2015.1.1


Article 14 (Inspection Staff)

① Minister of MFDS can hire and assign inspection Staff to assist inspection work according to

Article 13.1. <Amended 2013.3.23.>

② Person who have got the permit for workplace according to Presidential Ordinance out of those

with permit under Article 22.1 shall have inspection Staff to assist Examining work of Veterinarian

in charge as defined by Presidential Ordinance.

③ Qualifications, roles, training according to Clause 1 and 2 and other matters required shall be

determined by Presidential Ordinance.

「 Amended 2010.5.25.」

Article 15 (Imported Livestock Product Report, etc.)

① Those who intend to import livestock product for the purpose of sales or businesses shall report

to Minister of MFDS as defined by Prime Minister Ordinance. <Amended 2013.3.23.>

② Minister of MFDS shall make the necessary inspections to be conducted by inspector before the

completion of the customs procedures with regard to the reported livestock products under

Clause 1 incase when it is defined by Presidential Ordinance. In this case when the inspection

reports or inspection certificate by domestic/overseas inspection agencies recognized by Minister

of MFDS are submitted, the inspections referred in the former part of the clause can be replaced

or the inspection items can be adjusted and the report can be made with conditions such as no

usage or sales until the inspection results are confirmed or correction for the violation is made.

<Amended 2011.11.22., 2013.3.23.>

③ Person who intend to make import report and have made the import report shall not do the

followings <New addition 2011.11.22., 2013.3.23.>

1. Make the import report in a false or other dishonest manner


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2. Use or sell the imported livestock product for other purposes than what is reported. However, it

is not applicable in case when those with business license for livestock processing business

and/or meat packaging business under Article 22 or those who make the business report for

food production and processing obtain approval for the purpose change according to Prime

Minister Ordinance after making import report that the import was to use it as raw material for

its own product

3. Re-import of returned livestock from the exporting country or other country after being

disqualified from the inspection results according to Clause 2

4. Violation of import report conditions under the latter part of Clause 2

5. Make the import report with the knowledge that the ingredient specifications under Article 4.2 is

violating the safety standards defined by Prime Minister Ordinance

④ Inspection items, methods and standards etc. under Clause 2 shall be determined by Prime

Minister Ordinance.<Amended 2011.11.22., 2013.3.23.>

「 Amended 2010.5.25.」

Article 15.2 (Ban on Import and Sales, etc.)

① Minister of MFDS can ban import·sales of livestock or processing, packaging, storage. transport

and display in case when livestock products slaughtered, handled, processed, packaged,

distributed and sold in a certain country or region is turned out to be harmful or is acknowledged

to be potentially harmful. <Amended 2013.3.23.>

② For Minister of MFDS to impose a ban under Clause 1, review and voting of Committee after

hearing out opinions of heads of related central administrative organizations in advance. However,

in case of urgency, posing immediate threat to national health, the ban can be imposed

beforehand. In this case, Committee needs to go through the review and voting afterwards.

<Amended 2013.3.23.>

③ In case of the review by Committee under clause 2, the stakeholders defined by Presidential

Ordinance can come to Committee to state opinions or submit documents explaining the opinions.

④ Minister of MFDS can lift part of all of the ban made under Clause 1 in case when the livestock

product in question is turned out to be harmless or relevant government organizations or the

importer find out the cause or present the improvement plan. <Amended 2013.3.23.>

⑤ Minister of MFDS can have Committee to review and vote to decide as to lift the ban under

Clause 4 when needed. <Amended 2013.3.23.>

⑥ Minister of MFDS can have the relevant government officials to conduct field investigation to

decide as to impose ban or lift ban under Clause 1or 4 when needed. <Amended 2013.3.23.>

「New addition 2010.5.25.」

Article 16 (Qualification Labeling)

Inspector·Veterinarian in charge or Business Operator shall put the qualified labeling as defined by

Prime Minister Ordinance on the livestock products that have passed the inspections according to

Article 12 (excluding Raw milk). <Amended 2013.3.23.>


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「 Amended 2010.5.25.」

Article 17 (Ban on Transfer of Non-inspected Product)

Business Operators shall not transfer livestock products which didn’t receive the inspection according

to Article 12 (hereinafter referred to as “Non-inspected Product”) to outside the workplace.

「 Amended 2010.5.25.」

Article 18 (Handling of Disqualified Product)

Business Operators or importers for sales or businesses of livestock product shall dispose of the

livestock or livestock product which failed to pass the inspections according to Article 11, 12 or 15 as

defined by Presidential Ordinance.

「 Amended 2010.5.25.」

Article 19 (Access, inspection and Pickup)

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can make

Business Operator make necessary report on inspection results and import/export records of

livestock, make inspector or related government officers to access work places and inspection

livestock products, facilities, documents or work etc. or make the minimum required livestock

products for inspection to be picked up free of charge when needed. <Amended 2013.3.23.>

② Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can make

inspector or relevant government officers to access food manufacturing, processing businesses,

food restaurants or food service establishments and to investigate handling, processing, usage,

storage, transport, display and sales of un-inspected Product and to pick up the min required

livestock products for inspection free or charge according to Article 33.1 when needed.

<Amended 2013.3.23.>

③ Inspector or relevant government officers who access, inspection and collect under Clause 1

and 2 shall show the credentials to the relevant people.

④ Owners or managers of businesses, food production and processing businesses, food

restaurants or food service establishment under Clause 1 and 2 shall not refuse·prevent·avoid

the access, inspection and collection.

「Amended 2010.5.25.」

Article 19.2 (Request for Sanitation Inspection by Consumers)

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head shall

accept request from consumer or consumer group of certain number as defined by Presidential

Ordinance or a testing laboratory (hereinafter referred to as "a testing laboratory") defined by

Prime Minister Ordinance out of a testing laboratory according to Article 6 of 「Rules on Testing

and Inspection in Food and Drugs」 on livestock or workplaces for access, inspection and

collection (hereinafter referred to as “Sanitation Inspection etc.”) according to Article 19.1 and 2.

However it is not applicable for the following cases;

1. Repeated request for Sanitation Inspection for the purpose of interrupting businesses of

certain Business Operators by the same consumer, consumer group or a testing laboratory


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15

2. When Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head

admits that Sanitation Inspection is not possible due to causes such as technology, facility or

budget.

② Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head shall

conduct Sanitation Inspection fourteen (14) days of the request in case when he or she accepts

the request under Clause 1 and the results shall be informed to the requesting Person and be

posted online as defined by Presidential Ordinance.

③ Required matters such as request requirements and/or procedures for Sanitation Inspection

under Clause 1 shall be determined by Presidential Ordinance.

「New addition 2014.5.21.」

Article 20 Delete <2013.7.30.>

Article 20.2 (Livestock Product Sanitation inspection Staff)

① MFDS, Special Metropolitan City, Metropolitan City, Province, Special Self-governing Province

or City, Municipal Government and District shall have Livestock Product Sanitation Inspection

Staff for roles or other sanitation related guidelines of relevant government officers under Article

19.1~3. <Amended 2011.11.22., 2013.3.23.>

② Qualifications, appointment and roles of the Livestock Product Sanitation Inspection Staff under

Clause 1 shall be determined by Presidential Ordinance.

「 Amended 2010.5.25.」

Article 20.3 (Honorary Livestock Product Sanitation inspection Staff)

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can have

Honorary Livestock Product Sanitation Inspection Staff (hereinafter referred to as “Honorary

Inspection Staff”) for guidance and enlightenment for livestock product sanitary control.

<Amended 2013.3.23.>

② Designation, dismissal and work scope and compensation of the Honorary Inspection Staff shall

be determined by Presidential Ordinance.

「 Amended 2010.5.25.」

Chapter 5 Business Permission and Report etc. <Amended 2010.5.25.>

Article 21 (Business Types and Facility Standards)

① Person who intends to do the businesses of the following shall have the proper facilities as

defined by Prime Minister Ordinance. <Amended 2013.3.23.>

1. Slaughter business

2. Milk-collection business

3. Livestock product processing business

4. Meat packaging business


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16

5. Livestock product storage business

6. Livestock product transport business

7. Livestock product sales business

8. Other businesses defined by Presidential Ordinance

② Detailed businesses and scope under Clause 1 shall be determined by Presidential Ordinance.

「 Amended 2010.5.25.」

Article 22 (Business Permission)

① Person who intend to operate slaughter businesses, milk-collection business or livestock

processing businesses under Article 21.1.1~3 shall gain the permission per workplace from

Mayor and Governor under Prime Minister Ordinance and those who intend to operate meat

packaging business under Clause 4 or livestock product storage business under Clause 5 shall

gain permission per workplace from Special Self-Governing Governor, Mayor, Municipal

Government Head and District Head under Prime Minister Ordinance. <Amended 2013.3.23.>

② In case when those who have gained the permission under Clause 1 seek to make the change

to any of the followings, it shall gain the permission per workplace from Mayor and Governor or

Mayor, Municipal Government Head and District Head as defined by Prime Minister Ordinance.

<Amended 2013.3.23.>

1. Change of location for workplace

2. Slaughter business operator under Article 21.1.1 with any of the following cases

A. Change of livestock type to be slaughtered and handled at the same workplace

B. Change of installed facilities to slaughter and handle different type of livestock at the same

workplace

3. Other major changes defined by Presidential Ordinance

③ Mayor and Governor or Mayor, Municipal Government Head and District Head shall give the

permission to the change or permission under Clause 1 or 2 except for the followings. <Amended

2012.2.22., 2013.3.23., 2014.5.21.>

1. Facilities doesn’t fulfill the standards according to Article 21.1

2. Applying for the same permission as the revoked permission for the same place with less than

a year of the revocation according to Article 27.1 or 2. However, it is not applicable in case

when no change permission under Clause 2 and the business license is revoked after the

removal of the business facilities

3. In case when a person whose permission is revoked according to Article 27.1 or 2 less than

two (2) years (including representatives, in case of corporations) seeks to apply for the same

permission as the revoked.

4. In case when the person seeking for the permission is either those with guardian or those who

declared bankruptcy but haven’t get restored


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17

5. In case when the person seeking for the permission is sentenced to prison in breach of this Act

and haven’t finished the sentence or no-sentencing is finalized.

6. In case when the person intends to slaughter businesses less than ten (10) years of the

business shutdown at the same place (the permission for the business is made under Article

21.1.1) after obtaining the slaughter business restructuring fund according to the Article 10.1 of

「Slaughter Business Restructuring Act」

7. In case when the person intends to do the same business at the same place before completing

the suspension period under Article 27.1 at the same place

8. In case when the person (including representatives in case of corporations) intends to do the

same business at the same place before completing the suspension period under Article 27.1

9. In case when suspension of permission request is made by Minister of MFDS according to

Article 33.2.5

10. In case when it violates this act or other rules

④ When giving permission under Clause 1, Mayor and Governor or Mayor, Municipal Government

Head and District Head can attach necessary conditions for sanitary management and quality

improvement of livestock products

⑤ When the Person with the permission under Clause 1 intends to make minor changes other than

temporary shutdown, resume or shutdown or other matters defined by Clause 2 shall make the

report to Mayor and Governor or Mayor·Municipal Government Head·District Head under Prime

Minister Ordinance. <Amended 2013.3.23.>

「 Amended 2010.5.25.」

Article 23 Delete <2007.12.21.>

Article 24 (Business Report)

① Person intend to operate businesses under provisions from Article 21.1.6~8 shall have the

facilities according to Article 21.1 as defined by Prime Minister Ordinance and report to Special

Self-Governing Province Governor, Mayo, ·County Governor and District Head. However those

who intend to sell imported livestock product shall have the facilities under Article 21.1 and make

report to Minister of MFDS. <Amended 2013.3.23.>

② Person who reported under Clause 1 shall make the report to Minister of MFDS or Special

Governing Province Governor, Mayor, Municipal Government Head and District Head as defined

by Prime Minster Ordinance in case when he or she intends to temporarily shutdown, resume or

shutdown businesses or make the changes to the reported. <Amended 2013.3.23.>

③ In case of the followings, business report under Clause 1 cannot be made

1. In case when Person intends to do the business at the same place less than six (6) months of

the shutdown order under Article 27.1 or 2. However, it is not applicable to the shutdown of the

business with the business facilities removed without change report under Clause 2

2. In case when any person (including representatives in case of corporations) intends to do the

same businesses as the business for which the shutdown of the workplace is made less than

two (2) years under Clause 27.1 or 2


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18

3. In case when Person intends to do the same business at the same place before the end of

suspension period after the business suspension according to Article 27.1 at the same place

4. In case when any person (including representatives, in case of corporations) intend to do the

same business at the same place before the end of suspension period after the business

suspension according to Article 27.1

④ In case when Minister of MFDS or Special Self-Governing Province Governor, County Governor

and District Head can revoke the reported in case when Business Operator(it is applicable only to

those who make the business report under Clause 1) report to the business shutdown to the

jurisdictional tax office head under article 5 of 「Value Added Tax Code」or when the jurisdictional

tax office head revokes the business license. <Amended 2013.3.23.>

Article 25 (Report on Producing Items)

When Person with the permission for livestock product processing business under intend to operate

livestock product processing or Person with the permission for livestock packaging businesses Article

22.1 intend to operate meat packaging, production manual of the items shall be reported to Mayor

and Governor or Mayor, County Governor and District Head under Prime Minister Ordinance. This is

also applicable to the changes made to the important matter out of the reported as defined by Prime

Minister Ordinance. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 26 (Business Succession)

① In case when Business Operators die or assign the businesses or business are merged by legal

entities, the heir, assignee or lasting legal entities after merger or legal entities established

(hereinafter referred to as Assignees) after the merger shall succeed the Business Operators.

② Person who have acquired all of the business facilities under any of the following procedure

shall succeed the status of Business Operators

1. Auction according to 「Civil Execution Act」

2. Conversion per 「Debtor Rehabilitation and Bankruptcy Act」

3. Sale of seized property per 「National Tax Collection Act」,「Customs Law」. Or 「Local Tax Law」

4. Or other procedures in accordance with Clause 1~3

③ Person who have succeeded the status of Business Operators under Clause 1 or 2 shall make

the report within thirty (30) days of the succession as defined by Prime Minister Ordinance to

Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head.

<Amended 2013.3.23.>

④ With regard to succession under Clause 1 and 2, Article 22.3 and 24.3 shall be applied.

「Amended 2010.5.25.」

Article 27 (Permission Revocation)


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19

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can

revoke the permission or suspension of businesses with less than six (6) months or shutdown

business workplaces (it is applicable only to those who have reported the businesses under

Article 24) as defined by Presidential Ordinance in case of either of the following case. However,

in case of Clause 3, the permission shall be revoked or shutdown of the business shall be

ordered. <Amended 2011.11.22., 2012.2.22., 2013.3.23., 2013.7.30.>

1. In violation of Article 4.5, 4.6, 5.2, 6.2, 6.3, 8.2, 9.2, 9.3.6, 10, 11.1, 12.1~3, 13.2~5, 14.2, 15.1,

15.3, 16, 17, 18, 19.4, 21, 22.5, 24.2, 25, 29.2, 29.3, 30.5~6, 31, 31.2.1~2, 32.1, 33.1 or 34

2. Failure to get changed permission in violation of Article 22.2 or 22.4

3. In case of provisions of Article 22.3 or 24.3

4. In violation of Article 35, 36.1~2, 37.1 or 42

5. In case when send livestock without rating results in violation of Article 35.5 of 「Livestock Act」

outside the slaughter business workplaces (it is applicable only to business managers of the

slaughter businesses)

6. In case when the rating work is refused·interrupted·avoided in violation of Article 38.3 of

「Livestock Act」(it is applicable only to business managers of the slaughter businesses)

② Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can

revoke business permission or order business workplace shutdown in case when Business

Operators continues business in violation of business suspension order under Clause 1.

<Amended 2013.3.23.>

③ Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can

revoke business permission or order business workplace shutdown in case of any of the

followings; <Amended 2013.3.23.>

1. Business Operators temporarily shutdown business over six (6) months without due reasons

2. When Business Operators (applicable only to the person with the permission under Article 22.1)

report shutdown of businesses to jurisdictional tax office head or jurisdictional tax office head

revoke the business license according to Article 5 of 「Value Added Tax Act」

④ The disposal under Clause 1~3 shall be succeeded by Assignees for one (1) year from complete

of the disposal period and during the dispersal procedures, disposal procedures can be

proceeded on Assignees. However, it is not applicable in case when Assignees can prove that he

or she was not aware of the disposal or violations during the assigning, inheritance or merger.

⑤ Detailed standards for the disposal under Clause 1 shall be decided determined by Prime

Minister Ordinance with factors such as violation types and severity considered. <Amended

2013.3.23.>

「Amended 2010.5.25.」

Article 28 (Penalties in lieu of Business Suspension etc.)

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can

impose penalties of less than 200 million KRW in lieu of business suspension in case when the


Annex III

20

business suspension causes serious inconvenience to the users or has potential of hurting public

interests and when it falls into sub clause of Article 27.1. However in case when it is not

applicable to the violations of Article 4.5~6, 6.2~3, 8.2, 9.2, 17, 32.1, or 33.1 and determined by

Prime Minister Ordinance.<Amended 2013.3.23., 2013.7.30.>

② The amount of penalties and other related matter according to violation types and severity under

Clause 1 shall be determined by Presidential Ordinance.


request jurisdictional tax office head for tax information in a form of documents with the followings

in order to impose penalties when needed. <Amended 2013.3.23.>

1. Taxpayer personal data

2. Purpose of the tax information

3. Revenue to be used as penalty base

④ Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head shall

revoke penalties under Clause 1 as defined by Presidential Ordinance in case when the penalties

are not paid until due date under Clause1 and order part or all of the business suspension

according to Article 27.1 or conduct collection according to disposition of national taxes in arrears

or 「Non-local Taxes Collection Act」. However in case when part of all of the business

suspension under Article 27.1 is not available due to shutdown under Article 22.5 or 24.2,

collection is conducted per disposition of national taxes in arrears or 「Non-local taxes collection

act」. <Amended 2013.3.23., 2013.8.6., 2014.5.21.>

「Amended 2010.5.25.」

「Title Amended 2014.5.21.」

Article 28.2 (Penalties on Sales of Harmful Livestock Product)

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head shall

impose penalties as much as the retail prices of the livestock product he or she sold in case

when it falls into any of the followings;

1. Over two (2) months of business suspension, business permission revocation or business

workplace shutdown under Article 27 in violation of Article 32.1.1

2. Over two (2) months of business suspension, business permission revocation or business

workplace shutdown under Article 27 in violation of Article 33.1.2,3,5,7,9

② Penalties under Clause 1 shall be calculated and imposed as defined by Presidential Ordinance

③ In case when the penalties under Clause 2 is not paid within the due date or in case of

shutdown is made according to Article 22.5, 24.2, collection is made according to according to

disposition of national taxes in arrears or 「Rules on Collection of Non-local Taxes」.

④ Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can

request jurisdictional tax office head for tax information in a form of documents with the followings

in order to impose penalties when needed


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21

1. Taxpayer personal data

2. Purpose of the tax information

3. Revenue to be used as penalty base

「Newly added 2014.5.21.」

Article 29 (Health Check)

① Business Operators and/or Employees shall get the health check. However in case the same

health check is made under other laws, it is regarded as that the health-check is conducted under

this law. <Amended 2013.3.23.>

② Business Operators who are supposed to get the health check under Clause 1 but didn’t receive

the check or with the results showing diseases which poses harms to others shall not operate the

businesses

③ Employees who are supposed to receive the health check under Clause 1 but didn’t receive the

check or with the results showing results that he or she poses harms to others shall not work in

the businesses.

④ Health check methods under Clause 1 and types of diseases under Clause 2 and 3 and other

required matters shall be determined by Prime Minister Ordinance. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 30 (Sanitation Training, etc.)

① Inspector who conducts inspections at a slaughter site under Article 11.1 or 12.1 shall receive

annual training on the slaughter inspections as defined by Prime Minister Ordinance. <Amended

2013.3.23., 2013.7.30.>

② Person who intends to operate businesses under Article 21.1 and Business Operators who got

the order according to Article 27 and 28 (excluding Business Operators with the permission

revoked or workplace shutdown) shall get the training on livestock product sanitation.

③ Veterinarian in charge who conducts inspections under Article 12.2 and Business Operators and

employees defined by Prime Minister Ordinance shall receive annual livestock product sanitation

training. <Amended 2013.3.23.>

④ In case when a person who are supposed to get the training under Clause 2 or 3 doesn’t directly

operate businesses or operate businesses more than two places, he or she can assign one of the

employees to receive the training on sanitation in place of him/her.

⑤ Business Operators who are supposed to get the training under Clause 2 or 3 but didn’t receive

the training shall not operate the businesses.

⑥ Business Operators shall not allow Veterinarian in charge or Employees who are supposed to

receive the training but didn’t receive the training to inspection or work in the business.

<Amended 2013.7.30.>


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22

⑦ Due to unavoidable reasons, in case when training under Clause 1~3 is not available, despite

Clause 5 and 6, training can be made after sales or inspection according to Prime Minister

Ordinance. <Amended 2013.3.23.>

⑧ Training institute, cost, contents, time, methods (including skipping the training or shortening the

training time) under Clause 1~3 shall be determined by Prime Minister Ordinance. <Amended

2013.3.23.>

「Amended 2010.5.25.」


slaughter business under Article 30.1.6

1. Businesses with daily average slaughter of above 80,000 livestock: 2014 Jul 1


livestock: 2015 Jan 1

3. Businesses with daily average slaughter of below 50,000 livestock: 2016 Jan 1

Article 31 (Compliance Details of Business Operators)

① Business Operators of slaughter businesses or milk-collection business shall not refuse

slaughtering. Handling or milk-collection under Article 21.1.1 or 2 without due reasons.

② Business Operators and employees shall comply with the following in order for sanitary control

and trade order in place as defined by Prime Minister Ordinance. <Amended 2013.3.23.>

1. Matters on livestock slaughter. Handling and milk-collection

2. Examining and sanitary control of livestock and livestock products

3. Facilities and sanitary control at workplace

4. Matters related to sanitary processing, packaging, storage, transport, distribution, display and

sales of livestock

5. Issuance of transaction details on the livestock products and matters related to making and

keeping the transaction details

6. Other compliance items for sanitary management of livestock and livestock production and

trade orders by Business Operators and employees

「Amended 2010.5.25.」

Article 31.2 (Recall of Harmful Livestock Product)

①Business Operators or importers of livestock products for sales shall immediately recall the

livestock products in the market or take actions for the recall in case when he or she finds out

that it the product in question violates Article 4,5, or 33 (excluding violations irrelevant to harmful

livestock products).

② The person who shall recall or take actions for recall under Clause 1 shall report it to Minister of

MFDS, Mayor and Governor or Mayor, County Governor and District Head in advance and Mayor


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23

and Governor or Mayor, County Governor and District Head shall report the recall plan execution

results to Minister of MFDS without delay. <Amended 2013.3.23.>


deduct administrative procedures under Article 27 as defined by Presidential Ordinance in case

when the recall or recall related actions are faithfully implemented. <Amended 2013.3.23.>

④ Recall target livestock products, recall plan, recall procedures, recall results reporting under

Clause 1 and 2 shall be determined by Prime Minister Ordinance. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 32 (Ban on False Labeling)

① None shall make the false, exaggerating, slandering labeling, advertisement or exaggerating

packaging with regard to name, production methods, ingredients, nutritional value, raw material,

use, quality and packaging as followings; <Amended 2014.5.21.>

1. Labeling and advertisement which can mislead or confuses it with drug or health functional

food which can prevent or cure diseases

2. Exaggerated labeling and advertisement which is different from fact

3. Labeling and advertisement which deceives, misleads and confuses consumers

4. Advertisements slandering other company or its products

② Scope of falsified labeling, exaggerated advertisements, slandering advertisements, or

exaggerated packaging and other related matters under Clause1 shall be determined by Prime

Minister Ordinance. <Amended 2013.3.23., 2014.5.21.>

「Amended 2010.5.25.」

Article 33 (Ban on Sales)

① Livestock products which fall into any of the following category cannot be sold or handled,

processed, packaged, used, imported, store, transported and displayed for sales. However it is

not applicable in case when it is fulfills the standards defined by Minister of MFDS. <Amended

2013.3.23.>

1. Rotten or decayed products which can pose threat to human health

2. Products contaminated with potential or real toxic·harmful substances

3. Products contaminated with potential or real pathogenic microorganisms

4. Products which has a potential of harming human health because of unhygienic product or

products with different substances added or infused or other reasons

5. Import of banned products or import without import report under Article 15.1

6. Products without qualification labelling under Article 16

7. Products without permission under Article 22.1 and 2 or without report under Article 24.or

products handled·processed or produced by parties without permission or report


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24

8. Livestock products with expiry date passed

9. Sales-banned products under Article 33.2.2


request related the corresponding authorities to revoke the permission or suspend businesses or

implementation of other corrective measures in case when food production and processing

businesses operators, food restaurant operators or food service establishment operators sell or

process, use, store, transport and display for sales of meats that are not inspected according to

Article 12.1 or livestock products which violates Article 4.5~6, 6.2~3 and the authorities shall not

refuse the request without due reasons. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 33.2 (Evaluation of Harmfulness)

① In case when it is not clearly concluded whether livestock product in question is harmful or not at

home and abroad but it is known that the product in question has alleged harmful substances and

the product which raises concerns allegedly fall into any of the following case under Article 33.1,

Minister of MFDS shall evaluate the harmfulness of the product immediately and make the

decision whether it is harmful. <Amended 2013.3.23.>

② Minister of MFDS can temporarily ban sales of the product or handling· processing· packaging·

using· importing·storing·transporting·displaying of the product until the evaluation under Clause1

is completed for national health and when the livestock product in question requests prompt

preventive measures. <Amended 2013.3.23.>

③ Minister of MFDS shall have Committee to review it in order to implement temporary banning

under Clause 2 in advance. However in case when there is concerns about the material harms

on national health and prompt banning is required, Committee review can be made afterwards.

<Amended 2013.3.23.>

④ In case when Committee holds review under Clause 3, it shall listen to the opinions of the

stakeholder as defined by Presidential Ordinance.

⑤ Minister of MFDS can request authorities granting permissions to withhold giving permissions to

slaughter businesses, milk-collection businesses, livestock product processing businesses, meat

packaging businesses, or livestock product storage businesses under Article 22.1 until the ban is

lifted. <Newly added 2012.2.22., 2013.3.23.>

⑥ In case when the evaluation results under Clause 1 turns out there is no harm or the review

Committee under Clause 3 concludes that there is no temporary ban required, Minister of MFDS

shall immediately lift the temporary ban made under Clause 2. In case when withholding of

permission was requested under clause 5, the lift of temporary ban shall be informed to the

authorities with the permission granting under Article 22.1. <Amended 2012.2.22., 2013.3.23.>

⑦ Required matters under clause 1 regarding evaluation target, methods and procedures etc. shall

be determined by Presidential Ordinance.

<Amended 2012.2.22.>

「Amended 2010.5.25.」

Chapter 6 Supervision etc. <Amended 2010.5.25.>


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25

Article 34 (Production Record Reporting)

Person with permissions for slaughter businesses, milk-collection businesses, livestock processing

businesses, or meat packaging business shall report the records as defined by Prime Minister

Ordinance to Mayor and Governor or Mayor, County Governor and District Head and Mayor and

Governor or Mayor, County Governor and District Head shall make the report to Minister of MFDS. In

this case Mayor, County Governor and District Head shall make the report to Mayor and Governor.

<Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 35 (Facility Improvement)

Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can order

Business Operators to enhance the facilities with set time frame in case when the business facilities

doesn’t fulfill the standards under Article 21.1.

<Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 36 (Seizure·Discard or Recall)


inspector or livestock sanitation supervising staff (hereinafter referred to as “Livestock Sanitation

Supervising Staff”) appointed under Article 20.2 to seize or discard the livestock product or to

order owners or administrators of the livestock products to take necessary actions with usage

and disposal methods and etc. decided in order to prevent any harms to public sanitation in case

of the followings <Amended 2013.3.23.>

1. Livestock products in violation of Article 4.5 or 6

2. Livestock products in violation of Article 5.2

3. Livestock products in violation of Article 6.2 or 3

4. Livestock products without report according to Article 15.1

5. Livestock products which are slaughtered·handled or milk-collected, processed· packaged·

stored without permission according to Article 22.1. and/or 2

6. Livestock products transported or sold without report according to Article 24

7. Livestock products in violation of Article 32.1

8. Livestock products which falls into any of Article 33.1

② Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can order

Business Operators to recall or discard of livestock products in the market or change raw material,

production methods or ingredient mix of the product in question in case when it is acknowledged

that product in question can pose harms to public sanitation or there is a concerns of such.

<Amended 2013.3.23.>

③ Inspector or Livestock Sanitation Supervising Staff which is in charge of seizure or discard under

Clause 1 shall show the credential to the related Person.


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26

④ Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can

execute actions on behalf according to 「Administrative Vicarious Execution Act」 and collect the

cost from the violating Person in case when the owners or the administrators of the products who

have received order of discarding according to Clause 1.1, 2, 3, 7, or 8. <Amended 2013.3.23.>

⑤ Required matters for seizure, recall and discard under Clause 1 or 2 shall be determined by

Prime Minister Ordinance. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 37 (Public Announcement)

① Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can order

Business Operators to announce in case of any of the followings <Amended 2013.3.23

1. In case of the recall plan is reported under Article 31.2.2

2. In case of the recall order is made under Article 36.2


announce information on livestock products and Business Operators in case when violation of

Article 4.5-6, 5.2 or 33.1 is proved. However, in case when harms on livestock product sanitation

is made, it shall be announced.

<Amended 2013.3.23.>

③ Minister of MFDS shall announce information on livestock products and business operators in

case when it is determined that livestock product in question is harmful according to evaluation

under Article 33.2.1. <Amended 2013.3.23.>


announce detailed information on orders, name of the business places, livestock products in case

when the administrative measures are finalized according to Article 27, 28, 36 or 38. <Amended

2013.3.23.>

⑤ Matters defined under Clause 1~4 such as announcement methods·procedures etc. shall be

determined by Presidential Ordinance.

「Amended 2010.5.25.」

Article 37.2 (Information System Setup·Operation)

① Minister of MFDS shall setup and operate information system in order to efficiently manage

information related to inspection, investigation, discard, recall and announcement etc. <Amended

2013.3.23.>

② Minister of MFDS can request Mayor and Governor or Mayor, County Governor and District

Head to enter or submit needed data for setup and operation of information system referred in

Clause 1 and Mayor and Governor or Mayor, County Governor and District Head shall cooperate

unless special reasons exist. <Amended 2013.3.23.>

③ Setup and operation of information system and submission of documents etc. under Clause 1

and 2 shall be determined by Prime Minister Ordinance. <Amended 2013.3.23.>


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27

「Newly added 2010.5.25.」

Article 38 (Shutdown)


related government officers to shutdown business workplace in question in case of any of the

followings <Amended 2013.3.23.>

1. businesses without permission in violation of Article 22.1 and 2 or report in violation of Article

24.1

2. Continuing business even after license revoked or shutdown order according to Article 27.1~3

② Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head can make

related government officials to take the following actions for shutdown referred in Clause 1.

<Amended 2013.3.23.>

1. Removal or deletion of business signs etc.

2. Attachment of notice informing the place is not legal business place

3. Seal preventing using of facilities and machines at the place


remove seals in case when there is no need for seal any more under Clause 2.3 or the Business

Operator or its proxy pledge to shutdown of the place or there is justifiable reasons. It is also the

same case for the notice referred in Clause 2.2. <Amended 2013.3.23.>


inform Business Operators or its proxy of the shutdown in writing in advance. However, in case

when there is an urgent reason otherwise according to Presidential Ordinance, it is not applicable.

<Amended 2013.3.23.>

⑤ The actions taken under Clause 2 shall not exceed the required minimum scope preventing

business.

⑥ The government officials who shutdown the businesses under Clause 1 and 2 shall show the

credentials to the related person.

「Amended 2010.5.25.」

Article 38.2 Delete <2013.7.30.>

Chapter 7 Supplementary Rules <Amended 2010.5.25.>

Article 39 (Reward)

Minister of MFDS can give reward money to those who have reported or inform related administrative

organizations or lnvestigative Agency or have arrested or cooperated arresting those who violated

Article 4.5~6, 7.1,5,10,22.1, 24.1, or processed, packaged, used, stored, transported, displayed or

sold un-inspected meats in violation of Article 33.1 or 12.1 according to Presidential Ordinance.

<Amended 2013.3.23.>

「Amended 2010.5.25.」


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28

Article 40 (Subsidy)

① Government or local autonomous entity can assist part of all of the required cost for sanitary

handling, processing, packaging and distribution of livestock products within the budget.

② The Government within the budget can provide part of all of the cost regarding the followings to

local autonomous entity or sanitation training institute. <Amended 2013.7.30.>

1. Cost for pickup of the livestock product

2. Delete <2013.7.30.>

3. Cost for livestock product sanitation supervising staff and honorary supervising staff

4. Cost for training under Clause 30

5. Cost for seizure, discard or recall under Clause 36

「Amended 2010.5.25.」

Article 40.2 (Inspection on Other Animals than Livestock)

① Person who intends to slaughter and handled animals other than livestock defined by Prime

Minister Ordinance to eat can commission inspector for inspection on the animal in question and

its carcass, lean meat, viscera and other parts. <Amended 2013.3.23.>

② inspector shall issue inspection certificate as defined by Prime Minister Ordinance when the

inspection is made under Clause 1. <Amended 2013.3.23.>

③ inspector shall make client to dispose such as incinerating or burying of the animal or carcass,

lean meat viscera or other parts in case when it failed to pass the inspection under Clause 2.

<Amended 2013.3.23.>

④ Client shall dispose the animal, its carcass, lean meat, viscera and other parts as ordered by

inspector under Clause 3 in case when the animal didn’t pass the inspection under Clause 2.

⑤ Matters related to application procedures for inspection, application requirements methods and

standards of inspection and displaying methods of the inspection results and etc. under Clause1

shall be determined by Prime Minister Ordinance. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 41 (Commission)

In case any of the followings, commission shall be made as defined by Prime Minister Ordinance.

<Amended 2013.3.23., 2013.7.30.>

1. Person who intends to apply for certificate under Article 9.3 and 4 or change certificate under

Article 9.5

2. Person who received technology, information or training under Article 9.8

3. Person who extend the effective period of certificate under Article 9.2

4. Person who undergoes inspection under Article 11.1 and 12.1


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29

5. Person who undergoes inspection under Article 11.2

6. Person who undergoes inspection by inspector under Article 12.2


8. Person who undergoes re-inspection under Article 12.3.4

9. Person who reports under Article 15.1


11. Delete <2013.7.30.>

12. Person who obtains permission under Article 22.1 and 2

13. Person who makes change reports under Article 22.5

14. Person who makes reports under Article 24

15. Person who reports business succession under Article 26


「Amended 2010.5.25.」

Article 42 (Measures in case of Harming Public Sanitation)

Minister of MFDS can order Business Operators to take necessary actions in case when he or she

acknowledges that there is a concern for harming public sanitation. <Amended 2013.3.23.>

「Amended 2010.5.25.」

Article 43 (Hearing)

Minister of MFDS, Mayor and Governor or Mayor, County Governor and District Head shall hold

hearing in order for disposition for any of the followings: <Amended 2013.3.23., 2013.7.30.>

1. Revocation of certificate for Certified Safety Management Workplace under Article 9.4

2. Delete <2013.7.30.>

3. Revocation of business permission or shutdown of workplace under Article 27.1~3

「Amended 2010.5.25.」

Article 44 (Delegation and mandate)

① Part of the authority lies in Minister of MFDS can be delegated to head of the organization or

Mayor and Governor according to Presidential Ordinance and part of the work under the Act can

be mandated to legal entity or organization as defined by Presidential Ordinance. However, in

case of sanitation of farm, slaughter site and milk-collection site, sanitation, diseases, quality

management, inspections and harmful factors handling is mandated to Minister of Agriculture,

Food and Rural Affairs as defined by Presidential Ordinance <Amended 2013.3.23.>


Annex III

30

② The authorities of Mayor and Governor under this Act can be delegated to Mayor, County

Governor and District Head as defined by Presidential Ordinance and part of the work under the

Act can be mandated to legal entity or organization as defined by Presidential Ordinance

「Amended 2010.5.25.」

Article 44.2 (Punishment Applied in the same Capacity as Government Officers)

Person who falls into any of the following shall be deemed as government officers when applying

punishments under Article 129~132 of 「Criminal Law」<Amended 2013.7.30.>

1. Executives and staff members of the certificate institutes

2. Veterinarian in charge

3. Delete <2013.7.30.>

「Newly Added 2010.5.25.」

「Title Amended2013.7.30.」

Chapter 8 Punishment <Amended 2010.5.25.>

Article 45 (Punishment)

① Person who falls into any of the following shall be sentenced to max ten (10) years in prison or

100 million dollars. <Amended 2014.5.21.>

1. Person who slaughter and handle livestock at a place for which permission is not made in

violation of Article 7.1

2. Person who slaughter and handle livestock for food or sales in violation of Article 7.5

3. Person who commits illegal activity on livestock or meat in violation of Article 10

4. Person who didn’t undergoes the inspection on livestock by inspector in violation of Article 11.1

5. Person who processes, packaged, stored, transported and displayed to import or sell livestock

in violation of banning imposed under Article 15.2.1

6. Person who didn’t gain the permission for businesses in violation of Article 22.1 or runs

businesses without change permission in violation of Article 22.2

6.2. Person in violation of Article 23.1.1

7. Person who sells or handles, processes, packages, uses, imports, stores, transports or

displays for sale of livestock product in violation of Article 33.1

② In case when those who are sentenced imprisonment due to crimes under Clause 1.6.2 and 1.7,

and commit the crime under Clause 1.6.2 and 1.7 less than 5 years of the sentencing concluded

shall be sentenced prison for more than one (1) year and less than ten (10) years. In this case

when the sales of the product in question is made, the penalties shall be more than four (4) times

and less than 10 times of the retail prices <Newly added 2014.5.21.>


Annex III

31

③ In case when a person makes false labeling, exaggerated advertisement, slandering

advertisements or exaggerated packaging in violation of Article 32.1 (excluding Sub Clause 1)

shall be sentenced to prison for less than five (5) years or penalties of less than 50 million KRW

<Newly added 2014.5.21.>

④ Person who falls into any of the followings shall be sentenced to prison for less than three (3)

years or imposed penalties of less than 50 million KRW. <Amended 2011.11.22., 2013.3.23.,

2014.5.21.>

1. Person who slaughters and handles livestock, collects milk or processes, packages, stores or

distributes livestock products in violation of Article 4.5

2. Person who sells livestock products or stores, transports or displays livestock products for

sales in violation of Article 4.6

3. Person who uses unsuitable container in terms of specifications in violation of Article 5.2

4. Person who collected milk, processed, packaged or stored livestock products at a place for

which permission is not obtained in violation of Article 7.1

5. Person who didn’t undergo inspection on the meat by inspector or person who didn’t receive

the inspection by an inspector or Veterinarian in charge on the collected milk in violation of

Article 12.1

6. Person who doesn’t report on import of livestock product in violation of Artilce 15.1

6.2 Person who violates each under Article 15.3

7. Person who take un-inspected products outside the workplace in violation of Article 17

8. Person who handles livestock or livestock product which failed to pass the inspection in

violation of Article 18

9. Delete <2013.7.30.>

10. Person who violates the order made under Article 27.1~3

11. Person who is either Business Operator or Employees and fail to comply with the guidelines

in violation of Article 31.2.1~4 and 31.2.6. However, it doesn’t apply to the person who failed to

comply with rules defined minor as Prime Minister Ordinance

12. Person who fails to issue transaction statement or falsified the statement in violation of Article

31.2.5

13. Person who didn’t make and keep the transaction statements or falsified the statement in

violation of Article 31.2.5

14. Delete <2014.5.21.>

15. Person who violates the order made under Article 36.1.2 or 37.1

16. Person who handled animal which failed to pass the inspection in violation of Article 40.2.4

⑤ Any person who falls into any of the following shall be sentenced to less than two (2) years in

prison or fined for less than 30 million KRW. <Amended 2013.7.30., 2014.5.21.>

1. Person who didn’t designate Veterinarian in charge in violation of Article 13.3


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32

2. Person who interrupts work by Veterinarian in charge or refuse Veterinarian in charge’s request

without due reasons in violation of Article 13.4

3. Person who didn’t label the qualifications of the livestock product or falsified the qualification

labeling in violation of Article 16

4. Person who remove or damage notice or seals made under Article 38.2

⑥ Any person who falls into any of the following shall be sentenced to less than one (1) years in

prison or fined for less than 20 million KRW. <Amended 2013.3.23., 2014.5.21.>

1. Person who didn’t make the proper labeling or falsified the labeling in violation of Article 6.2.

However, it is not applicable to minor deviation of the qualification labeling requirements

defined by Prime Minister Ordinance.

2. Person who sells livestock without labeling or processes, packages, stores, transports or

displays livestock product without labeling in violation of Article 6.3

3. Person who refuse, interrupts or avoids inspection in violation of Article 11.3

4. Person who didn’t get inspection or falsified the inspection in violation of Article 12.3

5. Person who refuses, interrupts or avoids inspection, entry, pickup, seizure, and disposal under

Article 15.2, 19.1 and 2 or 36.1

6. Person who didn’t report or falsified the report in violation of Article 19.1

7. Person who violates standards under Article 21.1 or conditions under Article 22.4

8. Person who didn’t report in violation of Article 22.5



11. Person who refuses, interrupts or avoids shutdown measure of business place under Article

38.1

12. Person who refuses, interrupts or avoids access, investigation and inspection under Article

38.2.1

⑦ Fines can be also imposed in case of Clause 1~5. <Amended 2014.5.21.>

「Amended 2010.5.25.」

Article 46 (Dual Liability)

In case when representatives of corporations or proxy of individual person or legal entity, employee or

other types of employee violates Article 45 regarding the work of the legal entity or the person, the

punishment shall be made to the party who violates the clause and the legal entity or the person shall

be also fined regarding the corresponding clause. However in case when the legal entity or person

made considerable supervision and considerations in order to prevent such violations, it shall not be

applicable.

「Amended 2010.5.25.」


Annex III

33

Article 47 (Fines)

① Person who falls into any of the following shall be fined less than 10 million KRW. <Amended

2013.3.23., 2013.7.30.>

1. Person who failed to make proper labeling requirements defined as minor by Prime Minister

Ordinance out of the related provisions under Article 6.2

2. Person who failed to make report in violation of Article 7.2

3. Person who conducted slaughter and handling in violation of Article 7.4

4. Person who failed to make or operate self sanitation management standards in violation of

Article8.2

5. Person who failed to make or operate Self safety management certificate standards in violation

of Article 9.2

② Person who falls into any of the following shall be fined less than 5 million KRW.

1. Person who store, transport, display, sell products without packaging in violation of Article 10.2

2. Delete <2013.7.30.>

3. Person who failed to make report in violation of Article 24.2

4. Person who failed to make report or falsify the report in violation of Article 25 or 34

5. Business Operators who didn’t get the health check or with disease which could harm others

according to the health check in violation of Article 29.1 and 2

6. Person who allowed employees who didn’t get the health check or with disease which could

harm others in violation of Article 29.1 and 3 to work

7. Person who allowed Veterinarian in charge or employees who didn’t get the training to do the

work in violation of Article 30.1.3 and 6

8. Business Operators who didn’t get the training in violation of Article 30.2, 3 and 5 and run

business

9. Person who refuse to slaughter and handle of livestock and collect milk in violation of Article

31.1

10. Person who didn’t report or falsified the report in violation of Article 31.2.2

11. Person who violates the correction order on the facilities under Article 35

③ Person who falls into any of the following shall be fined less than 3 million KRW. <Amended

2013.3.23., 2013.7.30.>

1. Person who failed to execute correction orders made under Article 12.2.2

2. Person who failed to comply with requirements defined as minor under Prime Minister

Ordinance with regard to Article 31.2.1~4 and 6 for the guidelines on Business Operators and

employees.

Person who failed to comply with


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3. Person who received commission in violation of Article 41

④ Fines under Clause 1~3 shall be imposed and collected by Minister of MFDS, Mayor, Governor

or Mayor, County Head or District Head as defined by Presidential Ordinance. <Amended

2013.3.23.>

「Amended 2010.5.25.」

Supplementary Provision <12672, 2014 May 21>

Article 1 (Effective Date)

This Act goes effective six (6) months after official declaration

Article 2 (Incompetent Person)

Person with guardian under amended clause in Article 22.3.4 shall be deemed as including person

with incompetent person under partially revised Supplementary Provision 2 in Civil Law No 10429.

Article 3 (Interim Measures on Punishment)

In case when activities made before this act becomes effective, the previously made provisions shall

be applied for the punishment.

livestock products sanitary control act

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