South Korea Revises Imported Food Act

Ministry of Food and Drug Safety (MFDS) issued the latest revised Imported Food Act (Act No. 15940) on 11th, Dec, 2018. A new term of “food subject to special management” along with the relevant importation sanitation assessment and two administrative measures are added. The schedule to conduct an import sanitation assessment on livestock products has also been brought forward. New sanitation education requirements are also detailed.

• Import Sanitation Assessment of Food Subject to Special Management

Cultural differences can mean that certain products used as food in South Korea are not used or managed as food in an exporting country, such as fish head and internal organs. Such food is referred as “food subject to special management”. Imported foods which satisfy this criteria are required to undergo “import sanitation assessment” by the MFDS. Food subject to special management is allowed to be imported only when the result of the assessment is positive. The detailed items of food subject to special management are to be designated by Presidential Decree (to get the latest news, please pay close attention to Food News&Alerts of Chemlinked).
Any person that establishes and operates a foreign owned food facility dealing with food subject to special management shall register the facility with MFDS as required. However he/she shall register via the government of the exporting country instead of registering directly with the Minister of Food and Drug Safety in line with the revised act.

• Schedule to Conduct an Import Sanitation Assessment on Livestock Products

When a livestock product is classified as livestock products amounting to designated objects subject to quarantine as designated in the Act on the Prevention of Contagious Animal Diseases, it is required to be analyzed by the Minister of Agriculture, Food and Rural Affairs. After the livestock product is determined as permissible to be imported and poses no risk of animal disease, the import sanitation assessment of the livestock products could be conducted by MFDS.
In the latest version, the schedule to conduct the import sanitation assessment has been brought forward. The assessment can start after the Minister of Agriculture, Food and Rural Affairs determines to analyze importation risk. The time allotted to prepare for administrative procedure before importation has also been reduced.

• New Requirement on Sanitation Education

This act stipulated a new detailed requirement that person who intends to conduct business or business entity shall make the person in charge of management undergo education on sanitation control.

• 2 Administrative Measures added

Where the imported food caused or is likely to cause harm to national health, the Minister of Food and Drug Safety can conduct the Postponement of Import Declaration of the relevant imported food.
The Minister of Food and Drug Safety may request minister of the concerned administrative institution to provide necessary data to collect fines.  

This act was released on 11th, Dec, 2018 and came into force on the same day. Nevertheless, relevant changes on Import Sanitation Assessment of Food Subject to Special Management and Schedule to Conduct an Import Sanitation Assessment on Livestock Products will be enforce from 6th, Jun, 2019 onward.

For more information on imported food to South Korea, please refer to:
Korea Special Act on Imported Food Safety Control (foodpidia)
Special Act on Imported Food Safety Control (Imported Food Act)
Enforcement Decree of the Special Act on Imported Food Safety Control
Regulations on Inspection of Imported Health Functional Food
Administrative Measures for Imported Fishery Products with Tariff Rate Quota
South Korea Designates New Imported Food Subject to Inspection