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Government Legislation

  • Partial Amendment to the Enforcement Rule of the Food Sanitation Act
    • Competent Ministry : Ministry of Food and Drug Safety
    • Advance Publication of Legislation : 2020-06-04
    • Opinion Submission Deadline : 2020-07-14

(1) Reasons for Proposal

This amendment aims to mandate any person who is directly engaged in the manufacture, processing, cooking, or packaging of food, etc., to wear a mask; require establishment of facilities for washing hands or facilities, equipment, etc., for disinfecting hands within food service business places; require any food service business operator to take necessary measures such as temporarily excluding any employee from the business who is identified having a symptom of infectious disease such as fever and diarrhea or medical examinations; provide a basis for the suspension of business for business owners who violate administrative orders, such as prohibition of gathering of people, etc., which are caused by the occurrence of infectious disease, to prevent any harm to food sanitation caused by infectious disease, etc.; clearly stipulate that employees of businesses adopting HACCP shall receive training at least once a year starting from the year following the year when they are certified, to prevent confusion among business operators, etc.; improve the system so that the operator of a business adopting HACCP may receive proxy training by designating a general manager if the operator is not directly engaged in the business; and otherwise improve and supplement some of the shortcomings emerged from the operation of the current system.

(2) Major Provisions

A. Aim to clarify the “type of food” as “the food type” to prevent confusion among business operators with respect to the documents to be submitted when registering the business and reporting changes of an instantly available food manufacturing/processing business (Articles 42 and 43) 

B. Establish the base date for training and a proxy training provision for the operators and employees of businesses adopting HACCP (Article 64 and Article 68-2) 

1) Clarify the base date for regular education, training, and improvements so that an employee who is in charge of the overall management of HACCP may conduct training on behalf of the operator.

2) Improve the provision of submitting an original copy of the certificate attached to documents for extension of a certificate period so that a copy of the certificate may also be submitted.

C. When applying for a cooking license, clearly stipulate the valid period of documents, such as a doctor's medical certificate describing that a person is not a mental patient or a patient with infectious disease, as a medical certificate issued within the last 6 months to prevent confusion among applicants (Article 80) 

D. Establish provisions on mandatory wearing of a mask for workers directly engaged in food, etc. (attached Table 1) 

Even though the Enforcement Rule requires any person who is directly engaged in the manufacture, processing, cooking, or packaging of food, etc., to wear sanitary caps, mandate the wearing of a mask to prevent any harm to food sanitation that is likely to be transmitted through droplets.

E. Establish provisions requiring to equip food service business places with facilities and equipment for disinfecting hands (attached Table 14) 

Require establishing facilities for washing hands or facilities, equipment, etc., for disinfecting hands within food service business places to prevent any harm to food sanitation that may occur through contact with workers’ hands.

F. If an employee with symptoms of an infectious disease such as fever and diarrhea is identified, require any food manufacturer/processor, instantly available food manufacturer/processor, food subdivision/sales business operator, food seller of meal service facilities, food service business operator, contract meal service provider, and any person who has established and is operating a meal service facility to temporarily exclude the employee from business or undergo medical examinations to prevent any harm to food sanitation that may occur through exposure to such infection, etc. (attached Tables 17 and 24) 

G. Establish the basis for the suspension of business with respect to where a food service business operator continues to violate this even after receiving an administrative order, such as the prohibition of gatherings of people due to the occurrence of infectious disease, etc. (attached Tables 17 and 23) 



Regulatory effect assessment
  • 규제영향분석서(1. 마스크 착용 의무화).hwp [download]
Legislative proposal (draft)
  • 식품위생법 시행규칙 일부개정령(안) 입법예고.hwp [download]