(1) Reasons for Proposal

In accordance with the enactment of the Act on Safety Control of Household Chemical Products and Biocides (Act No. 15511, promulgated on March 20, 2018 and to be entered into force on January 1, 2019), which aims to prevent safety accidents caused by household chemical products and biocides and enable the public to use household chemical products and biocides without fear, this Enforcement Decree aims to prescribe matters delegated to it by Presidential Decree under the Act and matters necessary for the Enforcement of the Act.

(2) Major Provisions

A. Formation and Operation of the Committee (Articles 2 – 5)

Prescribe the term of office of a member of the Household Chemical Products and Biocides Management Committee; provide the legal basis for his/her exclusion, challenge, evasion, removal, dismissal; and specify the role of the Chairperson, the period of regular meetings, and requirements for holding temporary meetings, etc.

B. Method and Procedure of Managing Household Chemical Products Subject to Safety Assurance (Articles 6 – 9)

Stipulate the standards and method that a testing and/or inspection institution shall refer to while checking whether household chemical products subject to safety assurance are in compliance with the safety standards thereof to ensure public notification; and prescibe the detailed range of materials that shall be submitted for household chemical products subject to safety assurance without publicly notified safety standards to receive approval from the Minister of Environment.

C. Procedures, etc. for Application for Approval and Evaluation of Biocidal Substances (Articles 11 – 14)

Prescribe the range of materials that shall be submitted for biocidal substances to receive approval from the Minister of Environment and matters that shall be notified upon final approval. In addition, specify cases where approval of changes are acquired; and provide the standards for recognizing substance equivalence in consideration of the chemical composition, degree of harm, etc.

D. Postponement of Approval of Existing Biocidal Substances (Article 15)

With biocide types that use existing biocidal substances as the basis, provide a grace period for approval of existing biocidal products for a maximum ten (10) years; and prescribe that such grace period may be adjusted to a certain extent in consideration of the manufacture/import quantity, harm/danger, and domestic/international usage and regulation status, etc.

E. Procedures, etc. for Application for Approval and Evaluation of Biocides (Articles 18 – 22)

Prescribe the range of materials that shall be submitted for biocidal products to receive approval from the Minister of Environment and matters that require notification upon final approval. In addition, specify cases where approval of changes is required; and provide the standards for recognizing product similarity in consideration of the full ingredients and mixing ratio, harm/danger, effectiveness/efficacy, etc.

F. Follow-up Management Procedures fpr Household Chemical Products and Biocides (Articles 27 – 28)

Prescribe detailed procedures on recommendation for measures, etc., where a new harm has been discovered in a household chemical product or a biocide; and provide follow-up measures of the business operator regarding the recommendation for measures. Prescribe detailed procedure on call-back orders, etc. and follow-up measures of the business operator such as submission of plans on measures for call-back orders and reports on results of such measures

G. Calculation and Imposition, Etc. of Penalty Surcharges (Articles 29 – 31)

Calculate a penalty surcharge as the sales quantity of a household chemical product subject to safety assurance or biocide multiplied by its sales price; and stipulate more detailed calculation standards to allow for public notification. Also, prescribe that the deadline for payment of penalty surcharges may be extended and that such payment may be made in installments in consideration of the financial situation of a person responsible for payment of penalty surcharges.

H. Standards and Procedures for Designation of Testing and/or Inspection Institutions (Articles 33 – 34)

Prescribe the standards on facilities, equipment and technical personnel required for designation as a testing and/or inspection institution; and stipulate more detailed standards to ensure public notification. Also, specify the detailed procedures for designation, change of designation, and re-designation of testing and/or inspection institution.