(1) Reasons for Proposal
As the “Food Sanitation Act” was amended to stipulate the designation and cancellation of the education and training institutions for Hazard Analysis and Critical Control Points, key guidelines for meal service facilities, etc., and modify the maximum penalty to KRW three million for minor matters among those to be observed by mean service facilities (Act No. 17809; promulgated on December 29, 2020; to be enforced on June 30, 2021), the Amendment aims to determine the details on the designation procedure and cancellation of education and training institutions for Hazard Analysis and Critical Control Points, set out the matters delegated under the statutes and other matters necessary for the enforcement thereof by means such as improving the matters to be observed by meal service facilities and the penalty imposed for violations, while clarifying the facility standards to prevent the entry of rodents, such as rats, etc., into food service businesses, and raising the penalty imposed when rodents and excrement thereof are found in the place of business, thereby improving and supplementing partial deficiency found in the operation of the current system.
(2) Major Provisions
A. Designation and cancellation thereof as education and training institutions for Hazard Analysis and Critical Control Points (Articles 68-3 through 68-5)
1) Require any person who desires to be designated as an education and training institution to submit a designation application attached with documents demonstrating its conformity to the designation standards and other documents on the education and training courses to the Minister of Food and Drug Safety.
2) Set out specific compliance details for education and training institutions in connection with preserving records and data concerning education and training, disclosing matters on educational facilities and curriculum, and reporting the curriculum operating plan and curriculum implementation results.
3) Classify the general disposition standards for two or more statutory violations, general aggravation or mitigation standards for administrative dispositions, and statutory violations into first, second, third and fourth violations for an education and training institution that violates statutes and set out the standards for administrative dispositions according to the number of violations.
B. As the compliance details for meal service facilities and operators have been reinforced and prescribed, improve the pertinent regulations and penalty standards for the violation of compliance details (attached Tables 24 and 27)
C. Where a meal service facility has reported a closure to the head of the competent tax office under the Value-Added Tax Act as it has been closed in effect, a new legal basis has been established to allow the reported authority to obliterate ex officio. Therefore, devise the procedures, required documents, and forms so as to mandate compliance with pertinent provisions for ex officio obliteration, and allow those who install and operate a meal service facility to file a report on the succession of status (Articles 94 (10) through (13))
D. Establish facility standards to prevent rats, cockroaches, etc., from entering the food service business’s kitchen, and raise the amount of penalty imposed from the current KRW 500,000 to KRW 1 million if rodents and excrement thereof are found (attached Tables 14 and 27)
