FAQs for Imported Food: South Korea 2020

Each time before importation, the company shall submit an import declaration of the product information (including net content) to MFDS. The “net content” is defined as "the total weight minus the weight of the packaging."

Therefore, in the case of a capsule form food, the net content shall be the actual intake contents, including the capsule’s weight.

[Regulation backgrouod:

As stated in Imported Food Act, the enterprise shall submit an import declaration to MFDS and have the products tested. The imported functional food can be distributed in S. Korea only after passing the test being confirmed as in compliance with the requirements under Health Function Food Code.

Health functional foods are subject to “detailed inspection (the strictest customs inspection)” for the first time to export to S. Korea. Then for the “same imported products from the same company (동일사 동일수입식품)”, only a “document inspection” will be requested. ]

The standard for the “same imported product from the same company (동일사 동일수입식품)” is:

  The same main functional ingredient formulated with the same accessory materials following the same manufacturing methods produced by the same foreign food facility as the first imported and tested product. 

Therefore, if the accessory materials or the formulation accessory materials of a functional food changed, the functional product cannot be regarded as the same product. The product shall undergo the detailed inspection again.

The official certificate of the "individually recognized functional ingredient" is essential for the import declaration if the health functional food contains any.

For health functional food with other company's “individually recognized functional ingredients”, the copy of the relevant ingredient's official certificate and the contract with the aforementioned company shall be submitted to MFDS for import declaration.

As stated in Food Code, the heads of all edible fishes being quick-frozen to -18℃ are appropriate food raw materials. However, fish heads without any processes are not and thus cannot be exported to S. Korea as food materials.

The Korea Customs will not conduct a detailed inspection on FCM (Food Contacted Materials) of the packaged food during the customs clearance for most situations. 

However, note that the importer shall confirm if the FCM complies with the Apparatus, Container, and Package Code in advance. Additionally, the Korean authority can conduct a detailed inspection on FCM or require an inspection report to ensure the materials' safety if there are any risks in the materials.

Following the Act on Labeling and Advertising of Foods, emphasizing the raw materials not used in the food on the label or advertisement is inappropriate in South Korea. Therefore, “Palm Oil Free” cannot be claimed.   

Other illegal labeling/advertising practices described in the above law are:

(1) Labeling or advertising food to mislead consumers into believing that the food is effective in preventing, treating, or curing any disease;

(2) Labeling or advertising food to mislead consumers into believing that the food is a drug;

(3) Labeling or advertising a food mislead consumers into believing that the food is a functional health food;

(4) Labeling or advertising food in a false or exaggerated manner;

(5) Labeling or advertising food in a deceptive manner;

(6) Labeling or advertising any company or its product in a slanderous manner;

(7) Labeling or advertising a company or its food, by means of false comparison with another business entity or its food without objective evidence;

(8) Labeling or advertising in a manner that seriously disturbs public order or social morality using an expression that encourages speculation or is obscene;

(9) Labeling or advertising without a review as required.

In accordance with the Act on Labeling and Advertising of Foods, any label or advertisement misleading consumers into believing that the food is effective in preventing, treating, or curing any disease or the food is a medicine is prohibited in S. Korea.

Since the claims of "smoothing, soothes the throat, suppresses cough, oral demulcent, and dual relief" may indicate the food is useful for curing a sore throat, the label is prohibited for candies.

“Korean Labels” is essential for food distributed in S. Korea following the Act on Labeling and Advertising of Foods. Labels in foreign languages will be approved only when Korean labels are presented along. The foreign label's font size for the imported food can be larger than that of the Korean label, whilst smaller for the domestic food.

Therefore, the importer can label an imported food in foreign languages aside the Korean label.

As stated in Act on Labeling and Advertising of Foods, etc., the importer's name and address, the manufacturer's name are required to be labeled on imported apparatus. When the manufacturer's name is presented in the original language, it's unnecessary to re-label it in Korean. 

Enterprises can only export dairy products from the countries or regions determined and published by MFDS. Up to now, South Korea has published 57 countries/areas appropriate for exporting dairy.

To export dairy products from non-noticed countries, the exporting country's government shall initially request Korea to permit the importation of livestock products. After the Korean authority assesses the exporting country's sanitary control situation, the relevant dairy product will be approved and added to the positive list of imported livestock products. The procedure is: 

(1) Exporting country requests -> (2) S. Korea sends the survey of imported food sanitary situation -> (3) Exporting country replies to the survey -> (4) On-set inspection on the sanitary control of the local livestock products -> (5) Determination issued by S. Korea -> (6) Notification released -> (7) Enterprises registers the Foreign establishment