(1) Reasons for Proposal

As the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods, etc., has been partially revised (Act No. 16551, promulgated on August 27, 2019, and to be enacted on August 28, 2020), this amendment aims to determine matters entrusted by law and necessary for its implementation, such as establishing detailed criteria and procedures including certification/marking criteria for pesticide-free raw material processed foods, the designation and cancellation of environment-friendly agriculture training institutions, the scope of certification bodies exempted from the prohibition of certification application exceeding two times to the same certification body, the restriction of marks similar to environment-friendly words on products that have not been certified as environment-friendly, the re-inspection of certified products and organic agricultural materials business entities judged to be non-compliant, seizures due to non-fulfillment of collection/destruction orders, methods of payment and application according to the procedure for imposing/ collecting penalty surcharges, and obligations of testing and research institutes for organic agricultural materials. It also aims to improve and supplement the parts necessary for the operation of the current system, such as complementing the criteria and procedures for administrative measures including certification criteria, certification marking criteria, and cancellation of certification on newly established matters.

(2) Major Provisions

A. Provide detailed criteria such as certification and marking criteria for pesticide-free raw material processed foods (Article 2 3-2, attached Table 11, and attached Table 12-2) 

1) Stipulate detailed provisions to the effect that any raw materials or ingredients used for processing, according to the introduction of pesticide-free raw material processed food certification system, shall be pesticide-free agricultural products and organic foods. Stipulate detailed criteria for the restrictive pesticide-free labeling, etc. for other products.

B. Provide administrative disposition criteria, such as the designation application procedure, designation criteria, and designation cancellation of environment-friendly agriculture training institutions (Article 7-2 and attached Table 2-2) 

(1) Stipulate details such as the receipt of applications for designation, issuance of designation certificates, cancellation of training institution designation, and suspension of business by delegating to the National Agricultural Products Quality Management Service.

C. Establish the scope of certification bodies exempted from the restriction of certification application exceeding two times to the same certification body (Article 16 (2)) 

(1) Stipulate criteria for continuous certification application to certification bodies that have received “excellent” and “good” ratings in the certification body assessment when receiving the certification application three times.

D. Provide detailed criteria for the prohibition of marks similar to environment-friendly words on products that have not been certified as environment-friendly (Article 35-2) 

(1) Stipulate detailed labeling criteria such as characters or figures containing “organic,” “pesticide-free,” “environment-friendly” or “antibiotic-free,” and letters or figures containing foreign languages or loanwords such as Organic, Non-Pesticide, Pesticide Free, Non-Antibiotic, and Antibiotic Free.

E. Provide detailed procedures for the re-inspection of certified products and organic agricultural material business entities judged to be non-compliant (Article 36 (5) through (7) and Article 67 (5) through (7)) 

(1) Stipulate provisions concerning the objects and procedures for re-inspection application when there is an inspection report of conformity within one month of the business entity receiving a nonconformity notice, when sample collection procedures and methods were performed incorrectly, or when deemed necessary by the Director-General of the National Agricultural Products Quality Management Service.

F. Provide detailed criteria, such as procedures and methods of seizures due to non-fulfillment of collection/destruction orders (Article 37 (2) through (4) and Article 68 (2) through (4)) 

(1) Stipulate criteria such as the issuance of seizures and announcement methods of action orders to certification business entities, etc. (business entities, etc., who have obtained public disclosure).

G. Stipulate provisions concerning document storage for applications and test performances, which are obligations of testing and research institutes for organic agricultural materials (Article 55-2) 

(1) Secure effectiveness, such as securing the publicness of the work performed by testing and research institutes and whether the work is appropriate, by providing detailed provisions such as storage of related documents (3 years) as obligations of testing and research institutes for organic materials.

H. Provide certification and labeling criteria so that organically processed foods with organic content of 70% or more are also certified (attached Tables 3 and 5) 

(1) Stipulate detailed standards for marking words such as “organic” on the main display surface (however, no certification mark can be used) when using non-organic raw materials within 30% of the weight of the product excluding water and salt.

I. Refine the scope of post-management objects for certified products (organic agricultural materials) and certification business entities (business entities who have obtained public disclosure) 

(1) Refine the object for post-management with certified products on sale and distribution and foods and non-edible processed products that the organic mark is restrictively allowed. Also clarify the object as business entities that sell and distribute certified products and that produce, manufacture, process, handle, sell, and/or distribute food and non-edible processed products that the organic mark is restrictively allowed and business entities who have obtained public disclosure that sell and distribute organic agricultural materials that have obtained public disclosure.

J. Improve the organization and personnel sector among certification institute designation criteria (attached Table 9) 

(1) Stipulate detailed criteria such as specifying tasks that must not be performed by the organization so that the certification work is not performed unfairly (the manufacturing, distribution, and sales of organic agricultural materials, the distribution and sales of organic foods, and the service such as technical guidance and advice related to certification).

K. Improve the population criteria of administrative dispositions for organic agricultural materials (attached Table 16) 

(1) Clarify the object such as complementing the criteria from the population (lot unit) method by manufacturing date to all products produced using non-conforming materials.