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National Assembly Legislation

  • Chemicals Control Act
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2018-10-25
    • Opinion Submission Deadline : 2018-11-08
Reasons for Proposal

The current Act requires manufacturers and importers to carry out checks by themselves to determine whether the chemicals they manufacture or import are subject to registration, toxic chemicals, or other chemicals subject to control, and to submit specifications of ingredients, etc. Consequently, there is a lack of information or measures to identify non-submission or false submissions.
Accordingly, the Amendment requires manufacturers and importers of chemicals to classify chemicals based on ingredient information, appearance, hazard/risk information, and usage, etc., and to specify and submit unique numbers allowing the identification of chemicals (chemical verification numbers). It also requires the Minister of Environment to register and manage chemical verification numbers, etc., using the comprehensive chemical information system, thereby creating a monitoring system for the entire distribution process and strengthening the right to know the hazard/risk information of chemicals. Moreover, it allows persons who manufacture/produce chemicals outside of Korea to appoint a qualified person to perform the duties of an importer, thereby establishing grounds to protect the trade secrets of enterprises and punish the person who falsely reports (Article 9, Article 9-2, Article 9-3, and Article 10, etc.).

Major Provisions

Require any person who intends to manufacture or import a chemical to file a report with the Minister of Environment on the hazard class information, usage, appearance, etc., of the chemical concerned as classified in accordance with the standards and methods specified by the Ordinance of the Ministry of Environment; and to file a report when modifying any key matter specified by the Ordinance of the Ministry of Environment, such as hazard class information or usage, that was previously reported. Impose an administrative fine for non-compliance (Article 9; Article 64, paragraph 1, subparagraph 1)

Require any person who transfers a chemical to another person or business entity to prepare and provide to the recipient the chemical verification number pursuant to Article 9, paragraph 3, hazardous chemical content information, hazard class information, safety and handling information, and other information as specified by the Ordinance of the Ministry of Environment. Prescribe that non-compliance shall be punishable by revocation of the permission to conduct business, etc. (Article 9-3; Article 35, paragraph 2, subparagraph 1-2 newly inserted)

Require state agencies, local governments, public organizations, and enterprises to classify or verify chemicals that are distributed in, imported to, or exported from Korea when performing the duties specified in the subparagraphs. Require the heads of the agencies or organizations to actively cooperate when requested by the Minister of Environment to fulfill the above (Article 10, paragraph 6)

Prescribe that notwithstanding paragraph 1, where it is necessary to order a business suspension in accordance with Article 35, paragraph 2, subparagraph 1-2, a penalty surcharge equivalent to at least 3 times and up to 10 times the sales of the chemical or product concerned may be imposed in lieu of the business suspension as specified by Presidential Decree (Article 36)

Newly insert penalties for persons who, in violation of Article 9, paragraph 5, have forged or falsified details on the verification of chemicals or chemical verification numbers (Article 58)

Newly insert penalties on persons who have failed to file, or have falsely filed, a report on the verification of chemicals pursuant to Article 9, paragraph 1, etc. (Article 61)

Newly insert administrative fines on persons who have failed to file, or have falsely filed, a report on the verification of chemicals pursuant to Article 9, paragraph 1 (Article 64)


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