Livestock Products Sanitary Control Act (Full text as revised on May 25, 2010)

Livestock Products Sanitary Control Act (Full text as revised on May 25, 2010)

Source: Statutes of the Republic of Korea http://elaw.klri.re.kr/eng_service/main.do

Wholly Amended by Act No. 5443, Dec. 13, 1997
Amended by Act No. 5529, Feb. 28, 1998
Act No. 5720, Jan. 29, 1999
Act No. 5765, Feb. 5, 1999
Act No. 5982, May 24, 1999
Act No. 6192, Jan. 21, 2000
Act No. 6571, Dec. 31, 2001
Act No. 6627, Jan. 26, 2002
Act No. 7134, Jan. 29, 2004
Act No. 7428, Mar. 31, 2005
Act No. 7915, Mar. 24, 2006
Act No. 8354, Apr. 11, 2007
Act No. 8757, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9665, May 8, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10310, May 25, 2010

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the sound development of the livestock industry and improvement in public health by prescribing the matters necessary for the raising, slaughter and disposal of livestock and the processing, distribution and inspection of livestock products in order to promote the sanitary management of livestock products and improvement in the quality thereof.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term “livestock” means cattle, horses, sheep (including rock goats, such as goats; hereinafter the same shall apply), swine (including raised wild boars; hereinafter the same shall apply), chickens, ducks, and other animals prescribed by Presidential Decree, as animals for food;

2. The term “livestock products” means meat, packaged meat, raw milk, edible eggs, processed meat products, processed milk products and processed egg products;

3. The term “meat” means carcass, dressed meat and the internal organs and other parts of livestock for food;

4. The term “packaged meat” means meat to which no additive of chemical compound or other food is added, as meat refrigerated or frozen as packaged, cut meat (including finely cut or grinding) for the purpose of sale (including cases of gratuitous offer to many and unspecified persons; hereinafter the same shall apply);

5. The term “raw milk” means cow”s milk or sheep”s milk that has not been treated or processed for sale;

6. The term “edible eggs” means eggs of livestock prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, as used for food;

7. The term “milk collection” means collection, filtration, cooling, or storage of raw milk;

8. The term “processed meat products” means products prescribed by Presidential Decree, such as ham, sausage, bacon, dried meat, spiced meat and other processed products with meat as a raw material, for sale;

9. The term “dairy products” means products prescribed by Presidential Decree, such as milk, low-fat milk, powdered milk, fermented milk, butter, cheese, and other processed products with raw milk as raw material, for sale;

10. The term “processed egg products” means products prescribed by Presidential Decree, such as liquid egg yolk, liquid egg white, whole egg powder and other processed products with eggs as raw material for sale;

11. The term “place of work” means a slaughterhouse, milk collection station, livestock product processing factory, meat packaging facilities or livestock product storage;

12. The term “non-ambulatory” means symptoms of the inability to stand or walk.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 3 (Relationship with other Acts)

Except as otherwise provided for in this Act, the Food Sanitation Act shall apply to livestock products.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

CHAPTER II STANDARDS, SPECIFICATIONS AND MARKS OF LIVESTOCK PRODUCTS

Article 3-2 (Establishment of Livestock Product Sanitation Deliberative Committee)

(1) The Livestock Product Sanitation Deliberative Committee (hereinafter referred to as the “Committee”) shall be established under the control of the Minister for Food, Agriculture, Forestry and Fisheries to investigate and deliberate on main points, etc. concerning sanitation of livestock products.

(2) The Committee shall investigate and deliberate on any of the following matters:

1. Matters concerning the standards for examination of pathogenic microbes of livestock products and the prevention of infection thereof;

2. Matters concerning technical guidance and education for the prevention of residues of harmful substances, such as antibiotics or agricultural chemicals, in livestock products;

3. Matters concerning the standards for processing, packaging, storing and distributing livestock products and the specifications of ingredients;

4. Matters concerning the HACCP pursuant to Article 9 (1);

5. Matters concerning measures for the prohibition of importation, sale, etc., of livestock products pursuant to Article 15-2 (1) or 33-2 (2);

6. Other matters deemed important and taken into deliberation by the Minister for Food, Agriculture, Forestry and Fisheries.

(3) The Committee may have research members to entrust them to investigate or research the international standards, specifications, etc. of livestock products.

(4) In addition to the matters prescribed by paragraphs (1) through (3), matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 4 (Standards for and Specifications of Livestock Products)

(1) The standards for slaughter and treatment of livestock and collection of milk shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) The Minister for Food, Agriculture, Forestry and Fisheries may, if necessary for public hygiene, determine and publicly announce the matters referred to in the following subparagraphs: Provided, That the standards for permission on residues of harmful substances, such as antibiotics or agricultural chemicals, etc. in livestock products and the standards for use of additives, such as chemical compounds, used for livestock products shall be determined by the Commissioner of the Korea Food and Drug Administration in consultation with the Minister for Food, Agriculture, Forestry and Fisheries:

1. Standards for processing, packaging, storing and distributing livestock products (hereinafter referred to as “processing standards”);

2. Specifications of ingredients of livestock products (hereinafter referred to as “specifications of ingredients”);

3. Standards for sanitation grade of livestock products.

(3) With respect to livestock products, the processing standards and specifications of ingredients of which are not determined, the Minister for Food, Agriculture, Forestry and Fisheries may have a livestock product processing business operator submit the processing standards and specifications of ingredients to him/her and approve the processing standards and specifications of ingredients temporarily by the time of public announcement pursuant to paragraph (2) following the examination of an institution for sanitary inspection of livestock products pursuant to Article 20.

(4) Notwithstanding paragraphs (1) and (2), the standards, processing standards and specifications of ingredients of livestock products for exportation may conform to those required by an importer.

(5) Slaughter and treatment of livestock, collection of milk and processing, packaging, storage and distribution of livestock products shall conform to the standards, processing standards and specifications of ingredients pursuant to paragraphs (1) through (3). The same shall also apply to livestock products imported for sale.

(6) No livestock products that fail to conform to the standards, processing standards or specifications of ingredients pursuant to paragraphs (1) and (3) shall be sold, or stored, transported or displayed for sale.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 5 (Specifications of Containers)

(1) If the Minister for Food, Agriculture, Forestry and Fisheries deems it necessary for the sanitary processing of livestock products, he/she may determine and publicly announce necessary matters, such as specifications of containers, tools, package or colors for seal of approval or printing (hereinafter referred to as “containers, etc.”).

(2) Where specifications, etc. are determined in accordance with paragraph (1), containers, etc. conforming to such specifications, etc., shall be used.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 6 (Standards for Marks of Livestock Products)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may determine and publicly announce the standards for marks of livestock products for sale.

(2) Livestock products, the standards for marks of which have been determined pursuant to paragraph (1), shall be marked in conformity to such standards. The same shall also apply to livestock products imported for sale.

(3) No livestock products, the standards for marks of which have been determined pursuant to paragraph (1), shall be sold, or processed, packaged, stored, transported or displayed for sale unless they have been marked pursuant to paragraph (2).

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

CHAPTER III SANITARY CONTROL OF LIVESTOCK PRODUCTS

Article 7 (Slaughter of Livestock)

(1) Slaughter and treatment of livestock, collection of milk and processing, packaging and storage of livestock products shall be conducted in a place of work that has been permitted pursuant to Article 22 (1): Provided, That this shall not apply to any of the following cases:

1. Where livestock is slaughtered or treated for scientific research.

2. Where, in the area where a Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as “Mayor/ Do Governor”) determines and publicly announces by species of livestock, excluding cattle and horses, a person slaughters or treats such livestock for his/her own consumption;

3. Where, in the area where a Mayor/ Do Governor determines and publicly announces by species of livestock, excluding cattle, horses, swine and sheep, an owner slaughters or treats such livestock to directly cook and sell it to consumers at the relevant place.

(2) Any person who slaughters or treats livestock pursuant to paragraph (1) 1 shall report the fact to a Mayor/ Do Governor, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) Meat of livestock slaughtered or treated pursuant to paragraph (1) 1 may be used or sold for food, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(4) Any person who slaughters or treats livestock, excluding cattle, horses, swine and sheep pursuant to paragraph (1) 3, shall slaughter or treat such livestock in a sanitary manner, as determined and publicly announced by the Minister for Food, Agriculture, Forestry and Fisheries.

(5) Notwithstanding the main sentence of paragraph (1), no non-ambulatory livestock, excluding cases prescribed by Presidential Decree, such as an injury, shall be slaughtered or treated for food or for sale.

(6) The State and a local government shall examine the disease of any non-ambulatory livestock pursuant to paragraph (5) and discard it appropriately, and adequately compensate loss incurred, to an owner of such livestock.

(7) Matters necessary for livestock subject to application of paragraph (5) and items of examination for diseases and methods of examination by livestock, standards and procedures for compensation, methods of calculating compensation, methods of discard, etc. pursuant to paragraph (6) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 8 (Sanitary Control Standards)

(1) Sanitary control standards (hereinafter referred to as “sanitary control standards”) to be observed by any person who has obtained a license pursuant to Article 22 or who has submitted a report pursuant to Article 24 (hereinafter referred to as “business operator”) and his/her employees at a place of work or place of business shall be stipulated by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) Any of the following business operators shall prepare and operate his/her own sanitary control standards to be observed by him/her and his/her employees at the relevant place of work or place of business pursuant to the sanitary control standards:

1. Any business operator who engages in slaughter business pursuant to Article 21 (1) 1;

2. Any business operator who engages in livestock product processing business pursuant to Article 21 (1) 3;

3. Any business operator who engages in meat packaging business pursuant to Article 21 (1) 4;

4. Other business operators prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, because it is deemed that they should prepare and operate their own sanitary control standards.

(3) Matters necessary for preparation, operation, etc. of one’s own sanitary control standards under paragraph (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 9 (Hazard Analysis Critical Control Point)

(1) The Minister for Food, Agriculture, Forestry and Fisheries shall determine and publicly announce, according to the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, the Hazard Analysis Critical Control Point (hereinafter referred to as “HACCP”) to prevent substances harmful to the human body by each process from being infused into livestock products or prevent livestock products from being contaminated thereby in the whole process of raising livestock, controlling raw material or treating, processing, packaging and distributing livestock products.

(2) Any livestock slaughter business operator under Article 21 (1) 1 shall, according to the HACCP, prepare and operate his/her own HACCP that applies to his/her slaughterhouse: Provided, That this shall not apply to a slaughter business operator in an island area prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) Where any person (excluding a business operator pursuant to the main sentence of paragraph (2)) intends to observe the HACCP announced pursuant to paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may examine whether he/she observes the HACCP and designate the relevant place of work, place of business or farm as a HACCP-accredited place of work, HACCP-accredited place of business or HACCP-accredited farm (hereinafter referred to as “HACCP-accredited place of work, etc.”).

(4) The Minister for Food, Agriculture, Forestry and Fisheries shall issue a document certifying the fact of designation to any person who has obtained designation as a HACCP-accredited place of work, etc. pursuant to paragraph (3), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(5) The Minister for Food, Agriculture, Forestry and Fisheries shall investigate and assess at least once a year whether a HACCP-accredited place of work, etc. observes the HACCP.

(6) Where a HACCP-accredited place of work, etc. falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries may revoke such designation or issue corrective orders, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That where it falls under subparagraph 1 or 4, he/she shall revoke such designation:

1. Where it has been designated by deceit or other unlawful means;

2. Where it fails to observe the HACCP;

3. Where it is subject to an administrative disposition for the suspension of business (excluding suspension of a part of business) for not less than two months pursuant to Article 27, in violation of Article 4 (5) and (6), 5 (2), 8 (2), 12 (2) and (3), 18, 32 (1) or 33 (1), or orders pursuant to Article 36 (1) or (2);

4. Where it is issued on two or more occasions within one year but fails to carry out such orders;

5. Where it refuses, interferes with or evades access, investigation or assessment pursuant to paragraphs (5) and (11);

6. Other cases prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, corresponding to subparagraphs 2 and 3.

(7) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may, for the efficient operation of the HACCP, provide technology and information or education and training necessary for the HACCP to the slaughter business operators (including their employees) who have to prepare and operate their own HACCP pursuant to the main sentence of paragraph (2) and persons (including their employees) who intend to obtain or have obtained designation as a HACCP-accredited place of work, etc.

(8) No person who has failed to obtain designation as a HACCP-accredited place of work, etc. pursuant to paragraph (3) shall use the term “HACCP-accredited place of work, a HACCP-accredited place of business or a HACCP-accredited farm” in the title.

(9) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu may provide preferential support, such as financing for the improvement in facilities, to persons who have obtained designation as a HACCP-accredited place of work, etc.

(10) The Minister for Food, Agriculture, Forestry and Fisheries may assess the adequacy of the HACCP and the operation thereof pursuant to paragraph (2) to improve sanitation levels of slaughter houses and subsidize working expenses, etc., based on the results of such assessment.

(11) The Minister for Food, Agriculture, Forestry and Fisheries may order the relevant public official to have access to and investigate a HACCP-accredited place of work, etc. in order to inspect the adequacy of HACCP and the operation thereof. In such cases, the relevant public official shall produce his/her identification indicating his/her authority to the persons concerned.

(12) The Minister for Food, Agriculture, Forestry and Fisheries may entrust the Korea Livestock Products HACCP Accreditation Service pursuant to Article 9-2 to perform the affairs referred to in paragraphs (3) through (5).

(13) Matters referred to in the following subparagraphs shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. Requirements and procedures for designation as a HACCP-accredited place of work, etc. pursuant to paragraph (3);

2. Methods of and procedures for investigation or assessment as to whether HACCP is observed pursuant to paragraph (5);

3. Institutions conducting education and training pursuant to paragraph (7), expenses therefor and the details thereof;

4. Standards and procedures for assessment pursuant to paragraph (10);

5. Procedures for, and methods of access and investigation pursuant to paragraph (11).

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 9-2 (Establishment of Korea Livestock Products HACCP Accreditation Service)

(1) The Minister for Food, Agriculture, Forestry and Fisheries shall establish the Korea Livestock Products HACCP Accreditation Service (hereinafter referred to as the “Accreditation Service”) to efficiently perform the affairs of designating HACCP-accredited places of work, etc.

(2) The Accreditation Service shall be a corporation.

(3) The Accreditation Service shall come into existence by registration of incorporation at the seat of its main office.

(4) The Accreditation Service shall perform the affairs falling under the following subparagraphs to attain the object referred to in paragraph (1):

1 1 .Designation as HACCP-accredited places of work, etc. as provided for in Article 9 (12) (including the issuance of a document certifying the fact of designation);

2. Investigation or assessment, as provided for in Article 9 (12), as to whether the HACCP-accredited places of work, etc. prescribed by Presidential Decree observe the HACCP;

3. Testing and research on operation of HACCP;

4. Sanitation training on livestock products and HACCP;

5. Technical support on HACCP;

6. Affairs incidental to those under subparagraphs 1 through 5.

(5) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize all or some of the expenses incurred in performing affairs referred to in paragraph (4).

(6) The Minister for Food, Agriculture, Forestry and Fisheries may supervise affairs referred to in paragraph (4) of the Accreditation Service and have it submit a necessary report, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(7) Except as otherwise prescribed by this Act, the provisions on incorporated associations of the Civil Act shall apply mutatis mutandis to the Accreditation Service.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 9-3 (Term of Validity of Designation)

(1) The term of validity of designation pursuant to Article 9 (3) shall be three years from the date of designation.

(2) Any person who intends to be granted an extension of the term of validity of designation under paragraph (1) shall apply for the extension to the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) When the Minister for Food, Agriculture, Forestry and Fisheries has received an application for an extension of the term of validity under paragraph (2), he/she may extend the term of validity within three years if he/she deems that such application is appropriate for the HACCP.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 10 (Prohibition of Dishonest Acts)

No one shall increase weight or volume by dishonest methods, such as forcing any livestock to drink water or infusing water into meat.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 10-2 (Packaging of Livestock Products)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may have business operators store, transport, exhibit and sell livestock products after packaging them for the safety control of the livestock products.

(2) Necessary matters concerning the kinds of livestock products to be packaged, business operators who shall package livestock products, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

CHAPTER IV INSPECTIONS

Article 11 (Inspections of Livestock)

(1) Any slaughter business operator under Article 21 (1) shall request an inspector (hereinafter referred to as “inspector”) appointed or commissioned pursuant to Article 13 (1) to inspect livestock slaughtered and processed at a place of work: Provided, That in cases of livestock prescribed by Presidential Decree, such as ducks, the inspection of a veterinarian in charge designated pursuant to Article 13 (2) may replace the inspection of an inspector.

(2) A Mayor/ Do Governor may request an inspector to inspect cows or sheep being milked.

(3) No owner or manager of cows or sheep being milked shall refuse, hinder or evade any inspection pursuant to paragraph (2).

(4) Items and methods of, standards and procedures for inspection, etc. pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 12 (Inspections of Livestock Products)

(1) Any slaughter business operator under Article 21 (1) shall request an inspector to inspect meat processed at a place of work: Provided, That in cases of meat of livestock prescribed by Presidential Decree, such as ducks, the inspection of a veterinarian in charge may replace the inspection of an inspector.

(2) Any milk collection business operator under Article 21 (1) shall request an inspector or veterinarian in charge to inspect raw milk collected.

(3) Any livestock product processing business operator under Article 21 (1) shall inspect whether the livestock products processed by him/her conform to the processing standards for and specifications of ingredients, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(4) Where a Mayor/ Do Governor deems that it is improper to conduct an inspection pursuant to paragraph (2) or (3) at a place of work owing to insufficient equipment or facilities, he/she may entrust an institution for sanitary inspection of livestock products pursuant to Article 20 with the inspection.

(5) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/ Do Governor may request an inspector to inspect edible eggs.

(6) Items and methods of, standards and procedures for inspection pursuant to paragraphs (1) through (3) and (5) and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 12-2 (Guidance on Methods of Raising Livestock)

Where livestock or livestock products fail to conform to the standards for inspection pursuant to Article 11 (4) or 12 (6) as a result of the inspections thereof pursuant to Article 11 or 12, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu may provide guidance necessary for their improvements, such as the methods of raising livestock, to any person who has shipped such livestock or livestock products, for the purpose of securing the safety of livestock products.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 12-3 (Formal Objection against Inspection)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/ Do Governor shall, where necessary for an appropriate inspection, such as cases where the result of inspection of any livestock products pursuant to Articles 12 and 15 (2) does not conform to the processing standards and specifications of ingredients, notify the relevant business operator of the result of such inspection beforehand.

(2) Where any business operator notified pursuant to paragraph (1) is dissatisfied with the result of such inspection, he/she may raise an objection to the Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/ Do Governor.

(3) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/ Do Governor in receipt of a formal objection pursuant to paragraph (2) shall determine whether to conduct a reinspection and then notify the relevant business operator of his/her determination.

(4) Where the Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/ Do Governor decides to conduct a reinspection pursuant to paragraph (3), he/she shall promptly conduct a reinspection and notify the relevant business operator of the result of the reinspection.

(5) The details of and deadline for notification pursuant to paragraphs (1), (3) and (4) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 13 (Inspectors and Veterinarians in Charge)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or a Mayor/ Do Governor shall appoint or commission inspectors from among those qualified as veterinarians, as prescribed by Presidential Decree, to have them conduct an inspection under this Act.

(2) In cases referred to in the proviso to Article 11 (1), the proviso to Article 12 (1) or Article 12 (2), the relevant business operator shall designate a veterinarian to be in charge from among the veterinarians under the control of a Mayor/ Do Governor with his/her approval, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to have him/her conduct an inspection, under this Act.

(3) No business operator who has designated a veterinarian to be in charge pursuant to paragraph (2) shall interfere with business of the veterinarian in charge and, if he/she receives a request necessary for conducting business of the veterinarian in charge, he/she shall comply with such request unless exteunating circumstances exist.

(4) Qualification, duties, etc. of an inspector and veterinarian in charge shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 14 (Assistant Inspectors)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may has an inspector employ and post assistant inspectors in order to have them assist inspection affairs of the inspector under Article 13 (1).

(2) Any person who has obtained permission for a place of work prescribed by Presidential Decree, from among those who have obtained licenses pursuant to Article 22 (1), shall employ assistant inspectors to have them assist inspection affairs of a veterinarian in charge, as prescribed by Presidential Decree.

(3) Qualification, duties and education of assistant inspectors under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 15 (Reporting on Imported Livestock Products)

(1) Any person who intends to import livestock products for sale or for his/her business purposes shall report the fact to the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) If it is prescribed by Presidential Decree, the Minister for Food, Agriculture, Forestry and Fisheries shall have an inspector conduct a necessary inspection of livestock products reported pursuant to paragraph (1) before the completion of customs formalities. In such cases, where an importer submits the result of an inspection or a certificate of inspection after he/she has undergone an inspection of a domestic or overseas inspection institution recognized by the Minister for Food, Agriculture, Forestry and Fisheries, such result of the inspection or certificate of inspection may replace an inspection under the former part of this paragraph or an inspector may conduct an inspection after adjusting the items of inspection.

(3) Items and methods of, and standards for inspections, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 15-2 (Prohibition of Importation or Sale)

(1) Where livestock products slaughtered, treated, processed, packaged, distributed or sold in a specified country or area have turned out to be harmful or are deemed likely to be harmful, the Minister for Food, Agriculture, Forestry and Fisheries may prohibit the importation or sale of livestock products or the processing, package, storage, transportation or display of such livestock products for sale.

(2) Where the Minister for Food, Agriculture, Forestry and Fisheries intends to prohibit the importation or sale pursuant to paragraph (1), he/she shall hear an opinion of the head of the relevant central administrative agency and go through the deliberation or resolution by the Committee in advance: Provided, That where it is required to promptly prohibit the importation or sale because it may cause harm to national health imminently, he/she may prohibit the importation or sale beforehand. In such cases, he/she shall go through the deliberation or resolution by the Committee ex post facto.

(3) Where the Committee undertakes deliberation pursuant to paragraph (2), any interested party prescribed by Presidential Decree may attend the Committee to state his/her opinion or advance his/her opinion in writing.

(4) Where livestock products, the importation or sale of which is prohibited pursuant to paragraph (1), are deemed unharmful, or a country that has interests in such livestock products or a business operator who has imported them remedies the cause or presents improved matters, the Minister for Food, Agriculture, Forestry and Fisheries may lift the whole or part of a ban pursuant to paragraph (1).

(5) If necessary to determine whether to lift a ban pursuant to paragraph (4), the Minister for Food, Agriculture, Forestry and Fisheries may go through the deliberation or resolution by the Committee.

(6) If necessary to determine whether to prohibit pursuant to paragraph (1) or to lift a ban pursuant to paragraph (4), the Minister for Food, Agriculture, Forestry and Fisheries may have the relevant public official conduct a field investigation.

[This Article Newly Inserted by Act No. 10310, May 25, 2010]

Article 16 (Mark of Passing Inspection)

An inspector, veterinarian or business operator shall mark livestock products (excluding raw milk) that have passed an inspection as a result of inspection pursuant to Article 12, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 17 (Prohibition of Removing Uninspected Products)

No business operator shall remove livestock products that fail to undergo an inspection pursuant to Article 12 (hereinafter referred to as “uninspected products”) from a place of work.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 18 (Disposal of Products that Fail to Pass Inspection)

Any business operator or any person who has imported livestock products for sale or for his/her business purposes shall dispose of livestock or livestock products that fail to pass an inspection pursuant to Article 11, 12 or 15, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 19 (Access, Inspection and Collection)

(1) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu may, if necessary, have any business operator report on necessary matters, such as on the result of an inspection, or on actual exports and imports of livestock products, or may have an inspector or the relevant public official obtain access to a place of business to inspect livestock products, facilities, documents or working situations and collect the minimal amount of livestock products necessary for inspection without compensation: Provided, That except for a place of work, livestock product transportation business and livestock product sale business prescribed by Presidential Decree, the Commissioner of the Korea Food and Drug Administration shall conduct a sanitary inspection for livestock products at the point of sale or distribution thereafter.

(2) If necessary to investigate any uninspected products and livestock products falling under any subparagraph of Article 33 (1), the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu may have an inspector or the relevant public official obtain access to a food manufacturing and processing business establishment, food and entertainment business establishment or mess hall under the Food Sanitation Act to inspect the conditions of disposal, processing, use, storage, transportation, display or sales of the uninspected products and collect the minimal amount of livestock products necessary for inspection without compensation.

(3)An (3)An inspector or the relevant public official who obtains access or conducts inspections or collection in accordance with paragraphs (1) and (2) shall produce identification indicating his/her authority to the persons concerned.

(4) No owner or manager of a place of business, food manufacturing and processing business establishment, food and entertainment business establishment and mess hall pursuant to paragraphs (1) and (2) shall refuse, interfere with or evade access, inspections and collection pursuant to paragraph (1) or (2).

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 20 (Institutions for Livestock Product Sanitary Inspection)

(1) Institutions (hereinafter referred to as “institutions for livestock product sanitary inspection”) that conduct examination or inspections (hereinafter referred to as “livestock product sanitary inspection”) pursuant to Articles 4 (3), 12, 15 (2) and 19 (1) and (2) shall be as follows:

1. Institutions for livestock product sanitary inspection prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;

2. Institutions for livestock product sanitary inspection designated by the Minister for Food, Agriculture, Forestry and Fisheries.

(2) Matters necessary for the designation as institutions for livestock product sanitary inspection under paragraph (1) 2 and the performance of the affairs of assessment and inspection of institutions for livestock product sanitary inspection pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) The term of validity of designation as institutions for livestock product sanitary inspection pursuant to paragraph (1) 2 shall be three years from the date of designation.

(4) The term of validity pursuant to paragraph (3) may be extended only once by up to one year, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and where an institution for sanitary inspection of livestock products, the term of validity of designation of which expires applies for redesignation, it may be redesignated pursuant to paragraphs (1) and (2).

(5) The representatives and persons in charge of inspections of the institutions for livestock product sanitary inspection designated pursuant to paragraph (1) 2 shall receive education on methods of conducting sanitary inspections for livestock products each year. In such cases, institutions conducting education and the details thereof shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(6) Where any institution for sanitary inspection of livestock products designated pursuant to paragraph (1) 2 falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries may revoke its designation or order it to suspend its inspection for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries: Provided, That where it falls under subparagraphs 1 through 3, he/she shall revoke its designation:

1. Where it has been designated by deceit or other unjust means;

2. Where it issues a false result of inspection intentionally or by gross negligence;

3. Where it conducts an inspection during the period of suspension of inspection;

4. Where it fails to receive education pursuant to the former part of paragraph (5);

5. Where it refuses, interferes with or evades access, investigation or inspection pursuant to Article 38-2 (1);

6. Where it violates the regulations on the performance of inspection prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries pursuant to paragraph (2).

(7) The Minister for Food, Agriculture, Forestry and Fisheries shall not designate any institution falling under any of the following subparagraphs as an institution for sanitary inspection of livestock products pursuant to paragraph (1) 2:

1. Where any person (in cases of a corporation, including its representative) who established and operated an institution for sanitary inspection of livestock products, the designation of which was revoked pursuant to paragraph (6), intends to establish and operate an institution for sanitary inspection of livestock products before three years have passed since such designation was revoked;

2. Where any person (in cases of a corporation, including its representative) who established and operated an institution for sanitary inspection of livestock products the designation of which was revoked pursuant to paragraph (6), intends to establish and operate an institution for sanitary inspection of livestock products at the same place within three years from the date when the designation was revoked pursuant to paragraph (6).

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 20-2 (Livestock Product Sanitation Supervisors)

(1) Livestock product sanitation supervisors shall be assigned to the Ministry for Food, Agriculture, Forestry and Fisheries (including agencies under its control prescribed by Presidential Decree), the Special Metropolitan City, a Metropolitan City, Do, Special Self-Governing Province or Si/Gun/autonomous Gu, in order to have them perform the duties of the relevant public officials under Article 19 (1) through (3) or provide directions on the sanitation of livestock products.

(2) Qualifications, appointment and scope of duties of livestock product sanitation supervisors pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 20-3 (Honorary Livestock Product Sanitation Supervisors)

(1) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu may assign honorary livestock product sanitation supervisors (hereinafter referred to as “honorary supervisors”) to have them perform the guidance, education, etc. for the sanitary control of livestock products.

(2) Matters concerning the commission, dismissal, scope of duties of honorary supervisors and payment of allowances shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

CHAPTER V LICENSES AND REPORTING ON BUSINESS

Article 21 (Kinds of Business and Standards for Facilities)

(1) Any person who intends to operate business falling under any of the following subparagraphs shall provide himself/herself with facilities that conform to the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. Livestock slaughter business;

2. Milk collection business;

3. Livestock product processing business;

4. Meat packaging business;

5. Livestock product storage business;

6. Livestock product transportation business;

7. Livestock product sale business;

8. Other businesses prescribed by Presidential Decree.

(2) The detailed kinds of business and their scope under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 22 (Business License)

(1) Any person who intends to operate slaughter business, milk collection business, or livestock product processing business under Article 21 (1) 1 through 3 shall obtain a license from the Mayor/ Do Governor by place of work, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and any person who intends to operate meat packaging business under subparagraph 4 of the same paragraph or livestock product storage business under subparagraph 5 of the same paragraph shall obtain a license from the Governor of a Special Self-Governing Province or the head of a Si/ Gun/ Gu by place of work, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) Where any person who has obtained a license to operate his/her business pursuant to paragraph (1) intends to change matters falling under any of the following subparagraphs, he/she shall obtain permission from the Mayor/ Do Governor or the head of a Si/ Gun/ Gu by place of work, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. Where he/she changes the location of his/her place of business;

2. Where any person who operates slaughter business referred to in Article 21 (1) 1 falls under any of the following items:

(a) Where he/she changes the species of livestock he/she slaughters and processes in the same place of work;

(b) Where he/she changes the facilities installed in order to slaughter and process other species of livestock in the same place of work;

3. Where he/she changes major matters prescribed by Presidential Decree.

(3) A Mayor/ Do Governor or the head of a Si/ Gun/ Gu shall not grant a license under paragraph (1) in cases falling under any of the following subparagraphs:

1. Where the relevant facilities fail to conform to the standards under Article 21 (1);

2. Where any person in whose case one year has not passed since a license was revoked pursuant to Article 27 (1) or (2) intends to receive the same license as the revoked license at the same place; Provided, That this shall not apply where his/her business license is revoked because he/she has removed all facilities for business without having obtained permission of change pursuant to paragraph (2);

3. Where any person (in cases of a corporation, including its representative) in whose case two years have not passed since his/her license was revoked pursuant to Article 27 (1) or (2) intends to obtain the same license as the revoked license;

4. Where any person who intends to obtain a license is incompetent or was declared bankrupt but has not been reinstated;

5. Where any person who intends to obtain a license was sentenced to imprisonment for a violation of this Act, and whose imprisonment has not been completely executed or has not been determined to be exempted;

6. Where any person intends to operate slaughter business before ten years have passed from the date of the closure of business at the same place (referring to a site for which a slaughter business license was granted pursuant to Article 21 (1) 1) where a slaughterhouse closed after having been paid slaughterhouse restructuring funds pursuant to Article 10 (1) of the Butchery Restructuring Act was located;

7. Where any person intends to operate the same business as the suspended business at the same place before the period of the suspension of business has lapsed after having been subject to the disposition of the suspension of business pursuant to Article 27 (1);

8. Where any person (in cases of a corporation, including its representative) in whose case the period of the suspension of business has not lapsed after having been subject to the disposition of the suspension of business pursuant to Article 27 (1) intends to operate the same business as the suspended business.

(4) When a Mayor/ Do Governor or the head of a Si/ Gun/ Gu grants a license in accordance with paragraph (1), he/she may attach conditions necessary to secure the sanitary control of livestock products or the improvement in their qualities.

(5) Where any person who has obtained a license in accordance with paragraph (1) intends to suspend, resume or discontinue his/her business, or to alter any insignificant matter other than the matters provided for in any subparagraph of paragraph (2) among the matters of licenses, he/she shall report thereon to a Mayor/ Do Governor or the head of a Si/ Gun/ Gu, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 23 Deleted.

Article 24 (Reporting on Business)

(1) Any person who intends to operate business pursuant to Article 21 (1) 6 through 8 shall provide himself/herself with facilities pursuant to Article 21 (1) as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries and report thereon to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu: Provided, That any person who intends to operate a business importing and selling livestock products among livestock product sales business referred to in Article 21 (1) 7 shall provide himself/herself with facilities pursuant to Article 21 (1) and report thereon to the Minister for Food, Agriculture, Forestry and Fisheries.

(2) Where any person who has reported in accordance with paragraph (1) intends to suspend, resume or discontinue his/her business, or to alter any matter reported, he/she shall report thereon to the Minister for Food, Agriculture, Forestry and Fisheries, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) No person who falls under any of the following subparagraphs shall report on business pursuant to paragraph (1);

1. Where a person intends to operate the same business as the closed business at the same place before six months have passed since he/she was ordered to close his/her place of business pursuant to Article 27 (1) or (2): Provided, That this shall not apply where he/she has been ordered to close his/her place of business because he/she removed all facilities for business without having reported on change pursuant to paragraph (2);

2. Where the same person (in cases of a corporation, including its representative) intends to operate the same business as the closed business before two years have passed after having received an order to close a place of business pursuant to Article 27 (1) or (2);

3. Where a person intends to operate the same business as the business suspended at the same place before the period of the suspension of business has lapsed after having been subject to the disposition of the suspension of business pursuant to Article 27 (1);

4. Where a person in whose cases the period of the suspension of business has not lapsed after having been subject to the disposition of the suspension of business pursuant to Article 27 (1) intends to operate the same business as the business suspended.

(4) Where a business operator (only applicable to a person who has reported on business pursuant to paragraph (1)) has reported the closure of his/her business to the head of the competent tax office pursuant to Article 5 of the Value-Added Tax Act or the head of the competent tax office has cancelled registration of a business operator, the Minister for Food, Agriculture, Forestry and Fisheries, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may cancel the reported matters ex officio.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 25 (Reporting on Items Manufactured)

Where any person who has obtained a license to operate livestock product processing business pursuant to Article 22 (1) processes livestock products or any person who has obtained a license to operate meat packaging business packages meat pursuant to Article 22 (1), he/she shall inform a Mayor/Do Governor or the head of a Si/Gun/Gu of the matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as descriptions of the method of manufacturing such items. The same shall also apply where he/she changes important matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries among the matters reported.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 26 (Succession to Business)

(1) Where a business operator dies or transfers his/her business, or a corporate business operator is merged, his/her successor or transferee or a corporation surviving a merger or corporation newly incorporated by a merger (hereinafter referred to as “transferee, etc.”) shall succeed to the status of such business operator.

(2) Any person who acquires all facilities for business in accordance with any of the following procedures shall succeed to the status of such business operator:

1. Auction under the Civil Execution Act;

2. Realization under the Debtor Rehabilitation and Bankruptcy Act;

3. Sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Act;

4. Other formalities corresponding to subparagraphs 1 through 3.

(3) Any person who succeeds to the status of such business operator in accordance with paragraph (1) or (2) shall report the fact to the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu within 30 days from the date of succession, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(4) Articles 22 (3) and 24 (3) shall apply mutatis mutandis to the succession under paragraphs (1) and (2).

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 27 (Revocation of Licenses)

(1) Where a business operator falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke his/her license or order him/her to suspend all or some of his/her business for a fixed period not exceeding six months or to close his/her place of business (only applicable to business reported pursuant to Article 24; hereafter the same shall apply in this Article), as prescribed by Presidential Decree: Provided, That where he/she falls under subparagraph 3, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu shall revoke such license or order him/her to close his/her place of business:

1. Where he/she violates Article 4 (5) and (6), 5 (2), 6 (2) and (3), 8 (2), 9 (2), 10, 11 (1), 12 (1) through (3), 13 (2) or (3), 14 (2), 15 (1), 16, 17, 18, 19 (4), 21 (1), 22 (5), 24 (2), 25, 29 (2) and (3), 30 (5) and (6), 31, 31-2 (1) and (2), 32 (1), 33 (1), or 34;

2. Where he/she fails to obtain permission for change, in violation of Article 22 (2) or violates the conditions under paragraph (4) of the same Article;

3. Where he/she falls under any subparagraph of Article 22 (3) or 24 (3);

4. Where he/she fails to comply with an order under Article 35, 36 (1) and (2), 37 (1) or 42;

5.Where 5.Where he/she removes ungraded livestock products from a slaughterhouse, in violation of Article 35 (5) of the Livestock Industry Act (only applicable to a manager of slaughterhouse);

6. Where he/she refuses, interferes with, or evades the grading, in violation of Article 38 (3) of the Livestock Industry Act (only applicable to a manager of slaughterhouse).

(2) Where a business operator continues to operate business, in violation of an order to suspend business pursuant to paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke his/her business license or order him/her to close his/her place of business.

(3) Where a business operator falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke his/her business license or order him/her to close his/her place of business:

1. Where a business operator suspends his/her business for not less than six months consecutively without any justifiable ground;

2. Where a business operator reports on the closure of his/her business to the head of the competent tax office pursuant to Article 5 of the Value-Added Tax Act or the head of the competent tax office has cancelled registration of a business operator because he/she has closed his/her business actually.

(4) The effect of the disposition pursuant to paragraphs (1) through (3) shall succeed to a transferee, etc., for one year from the date when the period of such disposition expires and, when disposition procedures are in progress, disposition procedures may be performed to the transferee, etc.: Provided, That this shall not apply where the transferee, etc., proves that he/she has been unaware of such disposition or violation as at the time of transfer, succession or merger.

(5) Detailed standards for disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries in consideration of the type of offenses, degree of violation, etc.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 28 (Disposition of Penalty Surcharges)

(1) Where the disposition of business suspension to be made to a business operator falling under any subparagraph of Article 27 (1) may cause serious inconvenience to the users or threaten to impair other public interests, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may impose a penalty surcharge not exceeding 200 million won on him/her in lieu of the disposition of the suspension of business: Provided, That the same shall not apply to the disposition of business suspension to be made in violation of Article 4 (5) and (6), 6 (2) and (3), 9 (2), 17, 32 (1) or 33 (1), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2)The (2)The amount of penalty surcharges in accordance with each type, degree, etc. of an offense on which a penalty surcharge is imposed pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

(3) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may, if necessary for collecting penalty surcharges, submit a written request stating the following information to the head of the competent tax office to receive taxation information:

1. Personal details of the taxpayer;

2. Purpose of the use of taxation information;

3. Sales that are the standards for the imposition of a penalty surcharge.

(4) If any person obliged to pay a penalty surcharge under paragraph (1) fails to pay it by the deadline of payment, the Minister for Food, Agriculture, Forestry and Fisheries, the Mayor/Do Governor or the head of a Si/Gun/Gu shall collect it in the same manner as delinquent national or local taxes are collected.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 29 (Physical Examination)

(1) Any business operator and employee prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries shall take a physical examination: Provided, That when he/she has taken a physical examination in the same details in accordance with other Acts or subordinate statutes, he/she shall be deemed to have taken a physical examination under this Act.

(2) Any business operator who ought to take a physical examination pursuant to paragraph (1), but has failed to do so, or who suffers from a disease that may harm others, as a result of physical examination, shall not operate his/her business.

(3) A business operator shall not have an employee who ought to take a physical examination pursuant to paragraph (1), but has failed to do so, or who suffers from a disease that may harm others, as a result of physical examination, be engaged in his/her business.

(4) The method of conducting a physical examination under paragraph (1), types of diseases under paragraph (2) or (3) and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 30 (Sanitation Training)

(1) Any inspector or veterinarian in charge who conducts an inspection at a slaughterhouse pursuant to Article 11 (1) or 12 (1) shall receive training on inspections on slaughter each year, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) Any person who intends to operate business pursuant to any subparagraph of Article 21 (1) and any business operator (excluding any business operator whose business license has been revoked or who has been ordered to close his/her place of business) who has been subject to disposition pursuant to Articles 27 and 28 shall receive sanitation training on livestock products.

(3) Any veterinarian in charge who conducts an inspection pursuant to Article 12 (2) and any business operator or employee prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries shall receive sanitation training on livestock products each year.

(4) Where any person who ought to receive training pursuant to paragraph (2) or (3) is not directly engaged in business or operates two or more places of business, he/she may appoint a person in charge of sanitation from among the employees and have him/her receive training on behalf of a business operator.

(5)Any (5)Any business operator who ought to receive training pursuant to paragraph (2) or (3), but has failed to do so shall not operate his/her business.

(6) A business operator shall not have a veterinarian in charge or employee who ought to receive training pursuant to paragraph (1) or (3), but has failed to do so, be engaged in such inspection or business.

(7) Where any business operator, veterinarian in charge or employee is unable to receive training pursuant to paragraphs (1) through (3) by an inevitable reason, notwithstanding paragraph (5) or (6), he/she may receive such training after commencing business or having been engaged in inspection or business.

(8) Institutions that conduct training, expenses incurred in training, details, time and methods of training (including exemption from training, reduction of the amount of training, etc.) pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 31 (Matters to be Observed by Business Operators)

(1) No slaughter business operator pursuant to Article 21 (1) 1 or milk collection business operator pursuant to 21 (1) 2 shall reject a request for slaughter and disposal of livestock or collection of milk without justifiable grounds.

(2) Any business operator and his/her employees shall observe the matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries concerning the following subparagraphs when operating business for sanitary control and maintenance of order in transactions:

1. Matters concerning slaughter, disposal of livestock and collection of milk;

2. Matters concerning inspections and sanitary control of livestock and livestock products;

3. Matters concerning facilities and sanitary control in a place of work;

4. Matters concerning the sanitary processing, package, storage, transportation, distribution, display, sale, etc. of livestock products;

5. Matters concerning the issuance of details of transactions and preparation and retainment of statements of transactions of livestock products;

6. Other matters to be observed by any business operator and his/her employees for sanitary control and maintenance of order in transactions of livestock and livestock products.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 31-2 (Recall of Harmful Livestock Products)

(1) Where any business operator or any person importing livestock products for business purposes has become aware of the fact that the relevant livestock products violate Article 4, 5 or 33 (excluding the matters violated that have nothing to do with harm to livestock products), he/she shall recall the relevant livestock products under distribution or take the necessary measures for recall without delay.

(2) Any person who ought to recall livestock products or take the necessary measures for recall pursuant to paragraph (1) shall report a recall plan to the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu in advance, and the Mayor/Do Governor or the head of the Si/Gun/Gu who has received a report on the result of recall according to such recall plan shall report it to the Minister for Food, Agriculture, Forestry and Fisheries without delay.

(3) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may exempt or reduce an administrative disposition pursuant to Article 27 to be made to any business operator who has conscientiously conducted recall or has taken the necessary measures for recall pursuant to paragraph (1).

(4) Livestock products subject to recall, a recall plan, recall procedures, and a report on the result of recall, etc. pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 32 (Prohibition of False Mark)

(1) No one shall mark falsely, advertise or package in an exaggerated manner with respect to the names, manufacturing methods, ingredients, nutritive values, qualities of livestock products and their package.

(2) The scope of false marking, or exaggerated advertising or packaging under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 33 (Prohibition of Sale)

(1) No livestock products that fall under any of the following subparagraphs shall be sold nor be treated, processed, packaged, used, imported, stored, transported or displayed for sale: Provided, That the same shall not apply to those products conforming to the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. Livestock products that are so decayed or spoiled as to be harmful to human health;

2. Livestock products that contain poisonous or harmful substances or are spotted with such substances, or are feared so;

3. Livestock products infected with any pathogenic microbe, or feared so;

4. Livestock products likely to harm human health because they are unclean or other substances are mixed in or added to them, or by other reasons;

5 5 . Livestock products, the importation of which is prohibited, which are imported or livestock products imported without declaration where an import declaration should be made Article 15 (1);

6. Livestock products with no mark of inspection passed pursuant to Article 16;

7. Livestock products treated, processed or manufactured by any person who fails to receive a license or to report where he/she should receive the license pursuant to Article 22 (1) and (2) or should report pursuant to Article 24 (1);

8. Livestock products, the expiration date marked on which has passed;

9. Livestock products, the sale, etc. of which is prohibited pursuant to Article 33-2 (2).

(2) Where any food manufacturing and processing business operator, food and entertainment business operator or mess hall business operator under the Food Sanitation Act sells, or processes, uses, stores, transports or displays meat that has not been inspected pursuant to Article 12 (1) or livestock products that have violated Article 4 (5) and (6), 6 (2) and (3) or paragraph (1) of this Article for the purpose of sale, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/ Do Governor or the head of a Si/ Gun/ Gu may request an administrative agency that grants a license or receives a report on the relevant business to revoke such business license, suspend such business or take other necessary corrective measures, and the administrative agency that grants a license or receives a report shall comply with such request unless extenuating circumstances exist.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 33-2 (Assessment of Harm)

(1) Where any livestock products that may cause harm, such as it is known that any substance, the harmfulness of which may be suspected, is contained in livestock products, though such harmfulness has not definitely proved in Korea and abroad, are suspected as livestock products falling under any of the subparagraphs of Article 33 (1), the Minister for Food, Agriculture, Forestry and Fisheries shall urgently assess the hazard of livestock products and then determine whether the livestock products in question are harmful.

(2) With respect to any livestock products for which it is necessary to take swift preventive measures for national health before the assessment of harmfulness pursuant to paragraph (1) is completed, the Minister for Food, Agriculture, Forestry and Fisheries may temporarily prohibit the sale of such livestock products or treatment, processing, packaging, using, importing, storing, transporting or displaying such livestock products for sale.

(3) Where the Minister for Food, Agriculture, Forestry and Fisheries intends to take temporary prohibition measures pursuant to paragraph (2), he/she shall go through the deliberation by the Committee in advance: Provided, That where it is necessary to take swift prohibition measures because a serious harm may occur to national health, the Minister for Food, Agriculture, Forestry and Fisheries may go through the deliberation by the Committee ex post facto.

(4) Where the Committee deliberates on the prohibition measures pursuant to paragraph (3), it shall consider the opinions of the interested persons prescribed by Presidential Decree.

(5) With respect to any livestock products recognized as being free of any harm as a result of the assessment of harm pursuant to paragraph (1) or judged not necessary to take the temporary prohibitive measures as a result of the deliberation pursuant to the proviso to paragraph (3), the Minister for Food, Agriculture, Forestry and Fisheries shall promptly waive the temporary prohibition measures pursuant to paragraph (2).

(6) Necessary matters concerning items to be assessed, methods of and procedures for the assessment of harm pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

CHAPTER VI SUPERVISION

Article 34 (Reporting on Actual Output)

Any person who has obtained a slaughter business license, milk collection business license, livestock product processing business license or meat packaging business license pursuant to Article 22 (1) shall report the actual results of slaughter, the actual results of milk collection, the actual output of processed livestock products or packaged meat to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and the Mayor/Do Governor or the head of the Si/Gun/Gu shall report them to the Minister for Food, Agriculture, Forestry and Fisheries. In such cases, the head of a Si/Gun/Gu shall report them through a Mayor/Do Governor.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 35 (Improvement of Facilities)

The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may order any business operator whose business facilities do not conform to the standards under Article 21 (1) to improve the facilities within a fixed period.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 36 (Seizure, Destruction or Recall)

(1) Where any livestock products fall under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may have an inspector or livestock product sanitation supervisor appointed pursuant to Article 20-2 (hereinafter referred to as “livestock product sanitation supervisor”) seize or destroy such livestock products, or may order an owner or manager of such livestock products to take necessary measures to prevent harm to public hygiene, with uses, disposal methods, etc. designated.

1. Livestock products that violate Article 4 (5) or (6);

2. Livestock products that violate Article 5 (2);

3. Livestock products that violate Article 6 (2) or (3);

4. Livestock products that are not reported pursuant to Article 15 (1);

5. Livestock products that are slaughtered, disposed of, milk-collected, processed, packaged or stored without having obtained a license pursuant to Article 22 (1) and (2);

6. Livestock products transported or sold without having been reported pursuant to Article 24;

7. Livestock products that violate Article 32 (1);

8. Livestock products that fall under any of the subparagraphs of Article 33 (1).

(2) Where harm to public hygiene has occurred or it is deemed that harm to public hygiene is likely to occur, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may order any business operator to recall or destroy the relevant livestock products under distribution, or to alter raw materials, manufacturing methods, ingredients or composition ratio of the relevant livestock products.

(3) An inspector or livestock product sanitation supervisor who engages in seizure or destruction pursuant to paragraph (1) shall produce identification indicating his/her authority to the persons concerned.

(4) Where an owner or manager of livestock products who has been ordered to destroy them because they fall under paragraph (1) 1, 2, 3, 7 or 8 fails to implement such order, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may execute vicarious administration pursuant to the Administrative Vicarious Execution Act and collect such expenses from an offender to the order.

(5)Matters (5)Matters necessary for seizure, recall or destruction pursuant to paragraph (1) or (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 37 (Public Announcement)

(1) In any of the following cases, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may order the relevant business operator, etc. to publicly announce such fact:

1. Where he/she has received a report on a recall plan pursuant to Article 31-2 (2);

2. Where he/she has ordered recall pursuant to Article 36 (2).

(2) Where it is ascertained that a business operator has violated Article 4 (5) and (6), 5 (2) or 33 (1), the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may publicly announce information on the relevant livestock products and business operator: Provided, That where harm to sanitation of livestock products has occurred, he/she shall announce it publicly.

(3) Where the relevant livestock products are determined harmful in accordance with the assessment of harm under Article 33-2 (1), the Minister for Food, Agriculture, Forestry and Fisheries shall announce information on the relevant livestock products and business operator publicly.

(4) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu shall publicly announce detailed information related to disposition, such as the details of disposition on a business operator on whom an administrative disposition is determined pursuant to Article 27, 28, 36 or 38, the names of the relevant place of business and livestock products, or such.

(5) In addition to the matters prescribed by paragraphs (1) through (4), methods, procedures or such, of public announcement shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 37-2 (Establishment and Operation of Information System)

(1) The Minister for Food, Agriculture, Forestry and Fisheries shall establish and operate an information system for efficient management of information related to inspection, investigation, destruction, recall, public announcement, etc.

(2) Where necessary for the establishment and operation of an information system under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may request a Mayor/Do Governor and the head of a Si/Gun/Gu to input or submit necessary data, and the Mayor/Do Governor and the head of the Si/Gun/Gu shall cooperate with such request unless extenuating circumstances exist.

(3) The establishment and operation of an information system and submission of data pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Newly Inserted by Act No. 10310, May 25, 2010]

Article 38 (Closure)

(1) With regard to any person who falls under any of the following subparagraphs, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may have the relevant public official close the relevant place of business:

1. A person who operates business without having obtained a license, in violation of Article 22 (1) and (2), or without having made a report, in violation of Article 24 (1);

2. Any person who continues to operate business even after his/her business license has been revoked or he/she has been ordered to close his/her place of business pursuant to Article 27 (1) through (3).

(2) The Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may have the relevant public official take any of the following measures for closure under paragraph (1):

1. Removal or elimination of business signs, such as a signboard of the relevant place of business;

2. Posting a notice or such, informing that the relevant place of business is not a legal place of business;

3. A seal blocking the use of facilities in the relevant place of business and appliances used for business.

(3) Where a seal is unnecessary continuously after sealing pursuant to paragraph (2) 3 or the relevant business operator or his/her agent promises to close the relevant place of business or requests to break the seal on justifiable grounds, the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu may break the seal. The same shall also apply to cases of a notice under paragraph (2) 2.

(4) Where the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to close a place of business pursuant to paragraph (1), he/she shall inform the relevant business operator or his/her agent of his/her intention in writing in advance: Provided, That this shall not apply where there is an urgent reason prescribed by Presidential Decree.

(5) Measures pursuant to paragraph (2) shall be limited to the minimum extent necessary for stopping such business.

(6) The relevant public official who closes a place of business pursuant to paragraph (1) shall produce identification indicating his/her authority to the persons concerned.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 38-2 (Supervision)

(1) Where necessary for supervision, the Minister for Food, Agriculture, Forestry and Fisheries may have any institution for sanitary inspection of livestock products designated pursuant to Article 20 (1) 2 report the matters concerning its business or order it to submit data, and have public officials under his/her control obtain access to offices of such institution for sanitary inspection of livestock products, places to be inspected, etc. to make a necessary investigation or inspect documents.

(2) Any public official who obtains access or conducts investigations or inspections pursuant to paragraph (1) shall produce identification indicating his/her authority to the persons concerned.

[This Article Newly Inserted by Act No. 10310, May 25, 2010]

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 39 (Rewards)

The Minister for Food, Agriculture, Forestry and Fisheries may give a reward to any person who reports or lodges a complaint against a person who violates Article 4 (5) and (6), 7 (1) and (5), 10, 22 (1), 24 (1) or 33 (1), or who processes, packages, uses, stores, transports, displays or sells uninspected meat under Article 12 (1) to the relevant administrative agency or investigation agency, or any person who arrests such person and who cooperates in the arrest of such person, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 40 (Subsidy)

(1) The State or a local government may, within budgetary limits, subsidize all or some of expenses incurred in sanitary treatment, processing, package and distribution of livestock products to business operators.

(2) The State may, within budgetary limits, subsidize all or some of expenses referred to in the following subparagraphs to local governments, institutions for livestock product sanitary inspection, or agencies conducting sanitation training:

1. Expenses incurred in the collection of livestock products;

2. Expenses incurred in inspections at institutions for livestock product sanitary inspection;

3. Expenses incurred in employment of livestock product sanitation supervisors and honorary supervisors;

4. Expenses incurred in sanitation training pursuant to Article 30;

5. Expenses incurred in seizure, destruction or recall pursuant to Article 36.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 40-2 (Inspections of Animals other than Livestock)

(1) Any person who slaughters or processes for food, animals, other than livestock, prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries may request an inspector to inspect the relevant animals and their carcass, dressed meat, internal organs, and other parts.

(2) Where an inspector has conducted an inspection pursuant to paragraph (1), he/she shall issue an inspection certificate to the applicant, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) An inspector shall order the applicant to dispose of animals or their carcass, dressed meat, internal organs, and other parts, which have failed to pass an inspection under paragraph (2), by means prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, such as incineration or burying.

(4) The applicant shall dispose of animals or their carcass, dressed meat, internal organs, and other parts, which have failed to pass an inspection under paragraph (2) as ordered by an inspector pursuant to paragraph (3).

(5) Matters necessary for procedures for application, requirements for application for inspection, methods of and standards for inspection, and method of marking inspection results, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 41 (Fees)

Any person who falls under any of the following subparagraphs shall pay fees, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. Any person who applies for designation pursuant to Article 9 (3);

2. Any person who receives technology and information, and undergoes education and training pursuant to Article 9 (7);

3. Any person who applies for an extension of the term of validity of designation pursuant to Article 9-3;

4. Any person who undergoes an inspection pursuant to the main sentence of Article 11 (1) and the main sentence of Article 12 (1);

5. Any person who undergoes an inspection pursuant to Article 11 (2);

6. Any person who undergoes an inspection by an inspector pursuant to Article 12 (2);

7. Any person who undergoes an inspection pursuant to Article 12 (4);

8. Any person who undergoes a reinspection pursuant to Article 12-3 (4);

9. Any person who reports pursuant to Article 15 (1);

10. Any person who undergoes an inspection pursuant to Article 15 (2);

11. Any person who applies for designation or redesignation of an institution for sanitary inspection of livestock products pursuant to Article 20 (1) 2 or (4);

12. Any person who obtains a license pursuant to Article 22 (1) and (2);

13. Any person who reports on change pursuant to Article 22 (5);

14. Any person who reports pursuant to Article 24;

15. Any person who reports on succession to business pursuant to Article 26;

16. Any person who undergoes an inspection pursuant to Article 40-2.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 42 (Measures against Harm to Public Hygiene)

The Minister for Food, Agriculture, Forestry and Fisheries may, if he/she deems that public hygiene is likely to be harmed, order the business operators to take necessary measures to prevent such harm.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 43 (Hearings)

Where the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take any of the following measures, he/she shall hold a hearing:

1. Revocation of designation as a HACCP-accredited place of work, etc. pursuant to Article 9 (6);

2. Revocation of designation as an institution for sanitary inspection of livestock products pursuant to Article 20 (6);

3. Revocation of a business license or an order to close a place of business pursuant to Article 27 (1) through (3).

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 44 (Delegation and Entrustment of Authority)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may delegate part of his/her authority under this Act to the head of an agency under his/her control or to a Mayor/Do Governor, as prescribed by Presidential Decree, and may entrust part of his/her duties under this Act to a corporation or organization prescribed by Presidential Decree.

(2) A Mayor/Do Governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu as prescribed by Presidential Decree, and may entrust part of his/her duties under this Act to a corporation or organization prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 44-2 (Legal Fiction of Public Official in Application of Penal Provisions)

Any person who falls under any of the following subparagraphs shall be deemed a public official in the application of Articles 129 through 132 of the Criminal Act:

1. Executives and employees of the Accreditation Service;

2. Veterinarians in charge;

3. Executives and employees of an institution for sanitary inspection of livestock products designated pursuant to Article 20 (1) 2.

[This Article Newly Inserted by Act No. 10310, May 25, 2010]

CHAPTER VIII PENAL PROVISIONS

Article 45 (Penal Provisions)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won:

1. Any person who slaughters and disposes of livestock at a place other than a place of work permitted, in violation of Article 7 (1);

2. Any person who slaughters and treats livestock, and uses or sells them for food, in violation of Article 7 (5);

3. Any person who engages in deception in relation to livestock or meat, in violation of Article 10;

4. Any person who fails to request an inspector to inspect livestock, in violation of Article 11 (1);

5. Any person who imports or sells livestock products or processes, packages, stores, transports or displays them for sale, in violation of the ban pursuant to Article 15-2 (1);

6. Any person who operates his/her business without having obtained a business license, in violation of Article 22 (1), or without having obtained permission of change of a business license, in violation of Article 22 (2);

7. Any person who sells livestock products or treats, processes, packages, uses, imports, stores, transports or displays them for sale, in violation of Article 33 (1).

(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 50 million won:

1. Any person who slaughters and treats livestock, collects milk, or processes, packages, stores or distributes livestock products, in violation of Article 4 (5);

2. Any person who sells livestock products or stores, transports or displays them for sale, in violation of Article 4 (6);

3. Any person who uses containers, etc. that fail to conform to their standards, etc., in violation of Article 5 (2);

4. Any person who collects milk or processes, packages or stores livestock products at a place other than a permitted place of work, in violation of Article 7 (1);

5. Any person who fails to request an inspector to inspect meat, or to request an inspector or veterinarian in charge to inspect collected raw milk, in violation of Article 12 (1) or (2);

6. Any person who fails to make an import declaration of livestock products, or makes a false import declaration, in violation of Article 15 (1);

7. Any person who removes uninspected products from a place of work, in violation of Article 17;

8. Any person who disposes of livestock or livestock products that have failed to pass an inspection, in violation of Article 18;

9. Any person who commits an offense falling under Article 20 (6) 1 through 3;

10. Any person who fails to comply with an order pursuant to Article 27 (1) through (3);

11. Any person who fails to observe matters to be observed by business operators and their employees, in violation of Article 31 (2) 1 through 4 or 6: Provided, That any person who fails to observe an insignificant matter prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries shall be excluded;

12. Any person who fails to issue details of transactions, in violation of Article 31 (2) 5, or issues false details of transactions;

13. Any person who fails to prepare and keep statements of transactions, in violation of Article 31 (2) 5, or prepares false statements of transactions;

14. Any person who marks falsely, advertises or packages in an exaggerated manner, in violation of Article 32 (1);

15. Any person who fails to comply with an order pursuant to Article 36 (1) or (2) or 37 (1);

16. Any person who processes animals, etc. that have failed to pass an inspection, in violation of Article 40-2 (4).

(3) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 30 million won:

1. Any person who fails to designate a veterinarian to be in charge, in violation of Article 13 (2);

2. Any person who interferes with the duties of a veterinarian in charge, or refuses his/her request without any justifiable ground, in violation of Article 13 (3);

3. Any person who fails to mark inspection passed on livestock products, in violation of Article 16, or marks inspection passed falsely;

4. Any person who removes or damages a notice or seal pursuant to Article 38 (2).

(4) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 20 million won:

1. Any person who fails to make a mark meeting the standards, or makes a false mark, in violation of Article 6 (2): Provided, That any person who fails to mark an insignificant matter prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries adequately shall be excluded;

2. Any person who sells livestock products with no mark or processes, packages, stores, transports or displays them for sale, in violation of Article 6 (3);

3. Any person who refuses, interferes with, or evades an inspection, in violation of Article 11 (3);

4. Any person who fails to conduct an inspection or makes a false inspection, in violation of Article 12 (3);

5. Any person who refuses, interferes with, or evades an inspection, access, collection, seizure or destruction pursuant to Article 15 (2), 19 (1) and (2) or 36 (1);

6. Any person who fails to report or falsely reports, in violation of Article 19 (1);

7. Any person who violates the standards pursuant to Article 21 (1) or the conditions pursuant to Article 22 (4);

8. Any person who fails to report, in violation of Article 22 (5);

9. Any person who fails to report, in violation of Article 24 (1);

10 10 .Any person who fails to report, in violation of Article 26 (3);

11. Any person who refuses, interferes with or evades the closure of a place of business pursuant to Article 38 (1);

12. Any person who refuses, interferes with or evades access, investigation or inspection pursuant to Article 38-2 (1).

(5) In cases referred to in paragraphs (1) through (3), imprisonment and a fine may be imposed concurrently.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 46 (Joint Penal Provisions)

If a representative of a corporation, or an agent, employee, or other servant of the corporation or an individual commits an offense under Article 45 in connection with the business of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the corporation or individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

Article 47 (Fines for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won:

1. Any person who fails to mark an insignificant matter prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries adequately, among the matters to be marked pursuant to Article 6 (2);

2. Any person who fails to report, in violation of Article 7 (2);

3. Any person who slaughters and treats livestock, in violation of Article 7 (4);

4. Any person who fails to prepare and operate his/her own sanitary control standards, in violation of Article 8 (2);

5. Any person who fails to prepare and operate his/her own HACCP, in violation of Article 9 (2);

(2) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1. Any person who stores, transports, exhibits or sells livestock products without packaging, in violation of Article 10-2;

2. Any person who fails to receive education pursuant to the former part of Article 20 (5);

3. Any person who fails to report, in violation of Article 24 (2);

4. Any person who fails to report or falsely reports, in violation of Article 25 or 34;

5. Any business operator who fails to take a physical examination or who suffers from a disease that may harm others as a result of physical examination operates his/her business, in violation of Article 29 (1) and (2);

6. Any person who requires his/her employee who fails to take a physical examination or who suffers from a disease that may harm others as a result of physical examination to be engaged in his/her business, in violation of Article 29 (1) and (3);

7. Any person who requires a veterinarian in charge or his/her employee who has failed to receive training to be engaged in the inspection or business, in violation of Article 30 (1), (3) and (6);

8. Any business operator who fails to receive sanitation training, in violation of Article 30 (2), (3) and (5);

9. Any person who refuses a request for slaughter and treatment of livestock or for milk collection, in violation of Article 31 (1);

10. Any person who fails to report or falsely reports, in violation of Article 31-2 (2);

11. Ant person who fails to comply with an order to improve facilities pursuant to Article 35.

(3) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:

1. Any person who fails to observe an insignificant matter prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries among the matters to be observed by business operators and their employees pursuant to Article 31 (2) 1 through 4 or 6;

2. Any person who receives fees, in violation of Article 41.

(4) Fines for negligence pursuant to paragraphs (1) through (3) shall be imposed and collected by the Minister for Food, Agriculture, Forestry and Fisheries, a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10310, May 25, 2010]

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Special Provisions for Application)

The provisions of Article 2-2 of the previous Sanitary Processing of Livestock Products Act shall, regardless of the enforcement of this Act, apply before until December 31, 2002.

Article 3 (Transitional Measures concerning Dispositions, etc.)

Acts such as permissions taken by administrative agencies and acts suchas reports taken toward administrative agencies the both of which are taken under the previous Sanitary Processing of Livestock Products Actimmediately before this Act enters into force shall be deemed as if acts taken by administrative agencies and acts taken toward administrative agencies under the corresponding provisions of this Act.

Article 4 (Transitional Measures concerning License for Livestock Slaughter Business or Milk Collection Business)

(1) The persons who are granted the license for the establishment of workshops (limited to the cases where they do not have the buildings of said workshops undergone the examination for the completion of its construction) under the previous provisions immediately before this Act enters into force shall be deemed as if granted the conditional license for the livestock slaughter business or milk collection business under this Act, as the case may be. And the persons who are granted the permission for the establishment of workshops and have the buildings of said workshops undergone the examination for the completion of its construction under the previous provisions immediately before this Act enters into force shall be deemed as if granted the license for the livestock slaughter business or milk collection business under this Act, as the case may be. In this case, the said persons shall submit an application for reissuance of the license certificate to the Mayor/ Do governor within six months after this Act enters into force, but they shall be exempted from fees for the issuance.

(2) The persons who are granted the permission for manufacturing containers, tools, package or inspection certifying colors for the use of live-stock products under the previous provisions immediately before this Act enters into force shall be deemed as if they have made a report on the manufacturing business of the livestock products containers, etc. underthis Act. In this case, the said persons shall submit an application for reissuance of the report certificate to the Mayor/ Do governor within 6 months after this Act enters into force, but they shall be exempted from fees for the issuance.

Article 5 (Transitional Measures concerning Livestock Processing Business)

The persons who operate the business of manufacturing processed meat products, processed milk products, or processed egg products under this Act after having been granted the permission for food manufacturing or processing business under Article 22 (1) of the Food Sanitation Act immediately before this Act enters into force shall be deemed as if granted the permission for the livestock products processing business under this Act. And the persons who operate the livestock product storing business under this Act after having been granted the permission for food preservation business under Article 22 (1) of the Food Sanitation Act immediately before this Act enters into force shall be deemed as if granted the permission for the livestock products sales business under this Act. In this case, the said persons shall submit an application for reissuance of the permission certificate to the Mayor/ Do governor within 6 months after this Act enters into force, but they shall be exempted from fees for the issuance.

Article 6 (Transitional Measures concerning Report of Livestock Products Transportation Business)

The persons who operate the livestock products transportation business under this Act after having made a report of the foods transportation business under Article 22 (5) of the Food Sanitation Act immediately before this Act enters into force shall be deemed as if having made a report of livestock products transportation business under this Act. The persons who operate the livestock products sale business under this Actafter having made a report of meat sale business, business of dealing in by-products of meat exclusively, business of dealing in sorts of milk or business of importing and selling foods under Article 22 (5) of the Food Sanitation Act immediately before this Act enters into force shall be deemed as if having made a report of the livestock products sales business under this Act. And the persons who manufacture containers, etc. under this Act after having made a report of the business of manufacturing sorts of containers and packages, etc. under Article 22 (5) of the Food Sanitation Act immediately before this Act enters into force shall be deemed as if having made a report of the business of manufacturing containers, etc. under this Act. In this case, the said persons shall submit an application for reissuance of the permission certificate to the Mayor/ Do governor within 6 months after this Act enters into force, but they shall be exempted from fees for the issuance.

Article 7 (Transitional Measures concerning Punishment and Fine for Negligence)

In case of punishing or imposing a fine for negligence on any person whoperforms any act before this Act enters into force, the previous provisions (including the Food Sanitation Act) shall prevail.

Article 8 Omitted.

Article 9 (Relations with Other Acts)

Any reference to the Sanitary Processing of Livestock Products Act or its specific provisions in any other Act or subordinate statutes at the timewhen this Act enters into force shall be deemed as the reference to thisAct or corresponding provisions thereof.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on June 14, 1998.

Articles 2 through 7 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Articles 2 through 7 Omitted.

ADDENDUM
This Act shall enter into force on the date of its promulgation.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 6 Omitted.

ADDENDUM
This Act shall enter into force three months after the date of its promulgation.

ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months afterthe date of its promulgation.
(2) (Special Case of Preparation and Operation of One’s Own HACCP)With respect to the preparation and operation of one’s own HACCP to beapplied to the slaughterhouse falling under any of the following subparagraphs, from among the slaughterhouses equipped by the operator of slaughter business permitted under previous Article 22 (1) at the time of enforcement of this Act, it shall not apply not later than June 30, 2003, notwithstanding the amended provisions of Articles 9 (2) and 27 (1) 1:
1. Cattle slaughterhouse whose average actual slaughter records per day in Year 2001 fall short of 30 cattle;
2. Pig slaughterhouse whose average actual slaughter records per day in Year 2001 fall short of 300 pigs; and
3. Chicken slaughterhouse whose average actual slaughter records per day in Year 2001 fall short of 30,000 chickens.
(3) (Transitional Measures for Penal Provisions and Fine for Negligence) Previous provisions shall govern the application of penal provisions and fine for negligence to the activities committed prior to the enforcement of this Act.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002.

Articles 2 through 7 Omitted.

ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 7 (1) 4 shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Permission of Meat Packaging Business) Of the persons who have obtained permission of livestock products processing business as referred to in the previous provisions of Article 22 (1) at the time of enforcement of this Act, the person who operates the business of manufacturing the processed meat products shall be deemed to have obtained permission of meat packaging business as referred to in the amended provisions of Article 22 (1). In such case, he shall file an application with the head of the Si/Gun/Gu for a delivery of the certificate for permission of a meat packaging business within six months after the enforcement of this Act, and the fees therefor shall be exempted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Sanitation Education) The amended provisions of Article 30 (1) shall apply starting with any business operator who is first subject to a disposition taken pursuant to the provisions of Articles 27 and 28 after this Act enters into force.
(3) (Transitional Measures concerning Import and Sale Business of Livestock Products) Anyone who makes a report on the import and sale business of the livestock products to the head of the Si/Gun/Gu pursuant to the former provisions at the time when this Act enters into force shall be deemed to have made such report to the Minister of Agriculture and Forestry pursuant to the amended provisions of the proviso to Article 24 (1).
(4) (Transitional Measures concerning Disposition, etc.) Any disposition that is taken by any administrative agency, any act that is performed by any administrative agency and any act that is performed and various reports that are made to any administrative agency pursuant to the former provisions at the time when this Act enters into force shall be deemed to have been performed by or to any administrative agency pursuant to this Act.
(5) (Transitional Measures concerning Penal Provisions and Fines for Negligence) The application of the penal provisions and the fines for negligence to any act performed prior to the enforcement of this Act shall be governed by the former provisions.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 9 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Transitional Measures concerning Korea Livestock Products HACCP Accreditation Service which is Incorporated Association)

(1) The Korea Livestock Products HACCP Accreditation Service whichis an incorporated association (hereinafter referred to as “Incorporated Association”) incorporated with permission of the Minister of Agriculture and Forestry pursuant to Article 32 of the Civil Act at the time when this Act enters into force may apply for approval to the Minister of Agriculture and Forestry so that the Accreditation Service may succeed to all of its property, rights and duties by the resolution of a general meeting as prescribed by the articles of association.

(2) The Incorporated Association approved pursuant to paragraph (1), notwithstanding the provisions on dissolution and liquidation of a corporation in the Civil Act, shall be deemed to have been dissolved at the same time when the Accreditation Service is incorporated under this Act.

(3) The Accreditation Service shall comprehensively succeed to all the property, rights and duties of the Incorporated Association to be dissolved pursuant to paragraph (2), and the name of the Incorporated Association indicated in a register concerning the property, rights and duties and in other official books shall be deemed the name of the Accreditation Service.

(4) The value of the property to which the Accreditation Service comprehensively succeeds pursuant to paragraph (3) shall be the book value at the time of succession.

Article 3 (Transitional Measures concerning Term of Validity of Designation)

The term of validity of workshops, etc. adopting HACCP designated pursuant to the former provisions at the time when this Act enters into force, notwithstanding the amended provisions of Article 9-3, shall be deemedfour years in cases where three years or more have passed since the date of designation, five years in cases where two years or more have passed since the date of designation and six years in cases where less than two years have passed since the date of designation, reckoning backward from the date this Act enters into force.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Prohibition of Slaughter or Disposal of Non-Ambulatory Livestock) The amended provisions of Article 7 (5) through (7) shall apply beginning with the first domestic animal that proves to be a non-ambulatory livestock after this Act enters into force.
(3) (Transitional Measures concerning Penal Provisions) Where the penal provisions apply to any act before this Act enters into force, the previous provisions shall apply to such act.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2011.

Articles 2 through 12 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 9, 9-2 (4), 20 (5), 30, 41, subparagraph 1 of Article 43 and Article 47 (2) 2 shall enter into force on January 1, 2011.

Article 2 (Transitional Measures concerning Enforcement Date)

Before the amended provisions of Article 30 enter into force, “Article 30 (5) and (6)” in the amended provision of Article 27 (1) 1 shall be construed as “Article 30 (2) and (3)”, “Article 30 (1), (3) and (6)” in the amended provision of Article 47 (2) 7 shall be construed as “30 (1) and (3)”, and “Article 30 (2), (3) and (5)” in the amended provision of Article 47 (2) 8 shall be construed as “Article 30 (1) and (2)”.

Article 3 (Applicability to Restrictions on Designation as Institutions for Livestock Product Sanitary Inspection)

The amended provisions of Article 20 (7) shall apply beginning with the first revocation of designation as an institution for sanitary inspection of livestock products after this Act enters into force.

Article 4 (Applicability to Revocation of Licenses)

The amended provisions of Article 27 (1) shall apply beginning with the first revocation of a license falling under any of the subparagraphs of the same paragraph after this Act enters into force.

Article 5 (Applicability to Disposition of Penalty Surcharge)

The amended provisions of Article 28 (1) shall apply beginning with the first case where a business operator falls under any subparagraph of Article 27 (1) after this Act enters into force.

Article 6 (Applicability to Recall of Harmful Livestock Products)

The amended provisions of Article 31-2 shall apply beginning with the first case where the relevant livestock products are found harmful after this Act enters into force.

Article 7 (Applicability to Seizure, Destruction or Recall)

The amended provisions of Article 36 shall apply beginning with the first case where any livestock product falls under any subparagraph of paragraph (1) of the same Article after this Act enters into force.

Article 8 (Applicability to Public Announcement)

The amended provisions of Article 37 shall apply beginning with the first case where an applicable ground arises after this Act enters into force.

Article 9 (Applicability to Closure)

The amended provisions of Article 38 shall apply beginning with the first case where a ground for the closure arises after this Act enters into force.

Article 10 (Transitional Measures concerning HACCP-Accredited Places of Work)

HACCP-accredited places of work which ought to undergo a regular inspection by not later than December 31, 2010 pursuant to the previous Article 9 (4) shall undergo a regular inspection pursuant to the previous provisions, and the previous Article 9 (8) shall apply to the revocation or corrective orders related to such regular inspection.

Article 11 (Transitional Measures concerning Change of Name of Own Inspectors and Assistant Inspectors)

(1) An own inspector designated pursuant to the previous Article 13 (2) as at the time this Act enters into force shall be construed as a veterinarian in charge designated pursuant to the amended provisions of Article 13 (2).

(2) An assistant inspector who is placed or assigned pursuant to the previous Article 14 (1) or (2) as at the time this Act enters into force shall be construed as an inspector placed or assigned pursuant to the amended provisions of Article 14 (1) or (2).

Article 12 (Transitional Measures concerning Institutions for Livestock Product Sanitary Inspection)

An institution for sanitary inspection of livestock products designated pursuant to the previous Article 20 (1) as at the time this Act enters into force shall be construed as an institution for sanitary inspection of livestock products determined or designated pursuant to the amended provisions of Article 20 (1) 1 and 2, and where it is construed as an institution for sanitary inspection of livestock products designated pursuant to the amended provisions of Article 20 (1) 2, the term of validity of designation shall be three years from the date this Act enters into force.

Article 13 Omitted.

Article 14 (Relationship with other Acts and Subordinate Statutes)

Where the previous Processing of Livestock Products Act or the provisions thereof have been cited by other Acts and subordinate statutes as at the time this Act enters into force, if the provisions of this Act correspond thereto, this Act or the relevant provisions of this Act shall be deemed to have been cited in lieu of the previous Processing of Livestock Products Act or the provisions thereof.

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