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Government Legislation

  • Draft for partial revision of Enforcement Rule of Food Sanitation Act
    • Competent Ministry : Ministry of Food and Drug Safety
    • Advance Publication of Legislation : 2021-07-06
    • Opinion Submission Deadline : 2021-08-17

1. Reason for revision

It is intended to prepare the basis of shared kitchens so that a business facility may be shared by plural business operators, to prevent and respond to possible cross-contamination, etc. in shared kitchens with designation of sanitary control managers, and to determine registration procedure of shared kitchen business and legally delegated matters including appointment and dismissal of sanitary control managers and the matters needed for execution thereof due to revision of Food Sanitation Act (Act No. 17809, promulgation on December 29, 2020) with the content to establish a system for sales by and safety control of shared kitchens by the method to buy liability insurance to compensate consumers for damages of foods manufacture, processed, or cooked by shared kitchens.

 

2. Main content

A. Registration, etc. of shared kitchen business (Article 42.1, Article 43, Article 43-2.1, and Article 43-3.1 of draft)

Detailed procedure for registration or report of business is established by the method that the person who intends to run shared kitchen business submits the heads of si/gun/gu application for business registration, the kind of business for lease of a shared kitchen, report of appointed sanitary control manager, and the documents needed to prove purchase of liability insurance, etc. and the person who intends to run such business as food manufacturing/processing business, instant sale/manufacturing/processing business, or general restaurants, etc. submits application for business report, location of shared kitchen, and document of contract on use of shared kitchen showing service hours, etc.

B. Report, etc of appointment and dismissal of sanitary control manager (Article 54-2 through Article 54-5 of draft)

Shared kitchen business operators shall submit report of appointment/dismissal of sanitary control managers with attachment of qualification documents when appointing or dismissing sanitary control managers, the standard is established so that the work performed by a sanitary control manager is recorded and kept for safety control of shared kitchens, and detailed standard is established on hours and methods of education/training of sanitary control managers.

C. Standard, etc. on facilities for shared kitchen business (Appendix Table 14 of draft)

Detailed standard is established on the facilities such as workplace, food handling facilities, and water supply facilities, etc. to be equipped with by the persons who intend to run shared kitchen business and the standard on shared kitchen business facilities is established for food manufacturing/processing business operators who run business through shared kitchen business contracts.

D. Matters to be observed by business operators, etc. (Appendix Table 17 of draft)

Detailed matters to be observed by operators and employees of shared kitchen business are established by the method that shared kitchen business operator establishes a voluntary sanitary control plan for sanitary control of shared kitchen and improvement of people’s health and sanitary in order to prevent food poisoning and cross-contamination and checks and record sanitation situation every day according to such plan.

E. Standard on administrative punishment to violation of the matters to be observed (Appendix Table 23 of draft)

Detailed standard on administrative punishment is established for the cases of violation of matters to be observed by operators and employees of shared kitchens.


Regulatory effect assessment
  • 식품위생법 시행규칙(규제영향분석서)_20210629.hwp [download]
Legislative proposal (draft)
  • 식품위생법 시행규칙 일부개정령(안) 입법예고(수정).hwp [download]