1. Reasons for Amendment

The Special Act on Imported Food Safety Control was amended (Act No. 18965; promulgated on June 10, 2022; enforced on December 11, 2022) to strengthen safety control of overseas foods, etc. purchased directly by consumers from overseas sellers by allowing the designation and control of raw materials and ingredients that may pose a risk to public health and therefore need to be prevented from being imported, and to prevent risks posed by imported food and maintain administrative order at the distribution stage by allowing the cancellation of registration or business suspension of business entities that fail to comply with recall orders. Accordingly, this Amendment prescribes matters delegated by the Act and matters necessary for the enforcement thereof. 

It also expands the scope of fast track customs clearance for planned imports, which was previously only available to the products of good importers, to include raw materials for in-house production, etc., excludes the names of products of little relevance to safety from company and product sameness requirements, and otherwise addresses and improves upon a number of weaknesses that have emerged from the operation of the current system.

2. Major Provisions

A. Prescribe standards and procedures for the designation and de-designation of raw materials and ingredients whose importation needs to be prevented (Article 44-3, Article 44-4)

Prescribe standards for the designation of narcotics and temporary narcotics pursuant to the “Narcotics Control Act,” and raw materials that shall not be used in food. Ensure transparent administration by stipulating that the designation of raw materials or ingredients prohibited from importation shall be published on an internet website via the deliberation committee.

B. Prescribe standards for administrative penalties against failure to comply with recall or disposal orders, etc. (attached Table 13)

Establish order at the distribution stage and enhance business entity compliance rates by prescribing standards for administrative penalties against entities that fail to take recall action, report on a recall plan, or refuse, hinder, or avoid confiscation and disposal.

C. Expand the scope of fast track customs clearance for planned imports (attached Table 9)

Facilitate the supply of raw materials to address difficulties in the food industry by prescribing that fast track customs clearance for planned imports, which allows food of established safety imported by good importers to pass through clearance without document or on-site inspections, shall also be available for ingredients for refinement or processing and food additives that are flavoring substances that are used for in-house production. 

D. Improve classification requirements on company and product sameness (attached Table 10)

Reduce the burden of detailed inspections, etc. on business entities by excluding the names of products that are not directly associated with safety from company and product sameness requirements, which currently require the same country of manufacture, overseas manufacturer, product names, manufacturing method, and names of raw materials.

E. Increase the scope of recognition of documents submitted to obtain health certificates for agricultural and fishery product exports (attached Table 14) 

Promote export stimulation by allowing those who wish to obtain a health certificate for exports to submit such documents as transaction statements of deliveries made to business establishments as, although current provisions require a product manufacture report to be submitted, such a report cannot be submitted for agricultural and fishery products as there is no obligation to file one.