Voluntary Report - public distribution

**Date:** 8/4/2004

**GAIN Report Number:** KS4040

KS4040

**Korea, Republic of**

**Sanitary/Phytosanitary/Food Safety**

**Korea\'s Maximum Residue Limits (MRLs) Regulations**

**2004**

**Approved by:**

![](media/image1.wmf)Marcus E. Lower

U.S. Embassy

**Prepared by:**

Seung Ah Chung

**Report Highlights:**

This provides information on Korean Maximum Residue Limits (MRLs) for
pesticides in crops.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Seoul \[KS1\]

\[KS\]

Table of Contents

[**Government agencies involved in MRL establishment and their
responsibilities
3**](#government-agencies-involved-in-mrl-establishment-and-their-responsibilities)

[Laws and regulations guiding the development and enforcement of MRLs
for pesticides
3](#laws-and-regulations-guiding-the-development-and-enforcement-of-mrls-for-pesticides)

[Process for the establishment of MRLs
3](#process-for-the-establishment-of-mrls)

[Updates of the printed copy or website listing of MRLs
4](#updates-of-the-printed-copy-or-website-listing-of-mrls)

[Regulatory process for the establishment of import MRLs
4](#regulatory-process-for-the-establishment-of-import-mrls)

[Residue Definition 4](#residue-definition)

[Crop Groupings for MRLs 4](#crop-groupings-for-mrls)

[Routine surveillance/testing program for pesticide residues in imported
foods
5](#routine-surveillancetesting-program-for-pesticide-residues-in-imported-foods)

[Acceptance of CODEX MRLs 6](#acceptance-of-codex-mrls)

[Default pesticide enforcement levels
6](#default-pesticide-enforcement-levels)

[Actions taken when residues are found above the MRL
6](#actions-taken-when-residues-are-found-above-the-mrl)

[Name, office telephone and email address of a pertinent government
official for Korean MRLs
7](#name-office-telephone-and-email-address-of-a-pertinent-government-official-for-korean-mrls)

**DISCLAIMER:** This report was prepared by the USDA/Foreign
Agricultural Service in Seoul, Korea for exporters of U.S. agricultural
products. While every effort for accuracy in the preparation of this
report was made, information provided may not be completely precise
either because policies have changed since the report was prepared, or
because clear and consistent information about theses policies was not
available. It is highly recommended, therefore, that U.S. exporters
verify the full set of import requirements with their foreign customers,
who are normally best equipped to research such matters with local
authorities, before any goods are shipped**. FINAL IMPORT APPROVAL FOR
ANY PRODUCT IS SUBJECT TO THE KOREAN GOVERNMENT RULES AND REGULATIONS AS
INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY.**

This is to provide U.S. growers and exporters with information and
guidance on Korean regulations and standards for Maximum Residue Limits
(MRLs).

# Government agencies involved in MRL establishment and their responsibilities

The Korea Food & Drug Administration (KFDA) is the primary government
agency responsible for ensuring the safety of food for the Korean
market. KFDA establishes specifications and standards for food,
including MRLs. The Ministry of Agriculture & Forestry (MAF) is
responsible for registration of all pesticides sold or used in Korea.

# Laws and regulations guiding the development and enforcement of MRLs for pesticides

The Food Sanitation Act issued by the Ministry of Health & Welfare (MHW)
is the legal basis for KFDA to establish MRLs. Based upon the delegated
authority from the Food Sanitation Act, KFDA establishes and revises
MRLs that are included in the Korean Food Code. As of July 2004, KFDA
has set MRLs for 347 pesticides used on 157 crops (includes grain,
fruits, etc.). With MRLs established in the Korean Food Code, KFDA
issues "Guidelines for Inspection of Imported Food" (Guidelines), which
provides KFDA inspectors, who conduct import inspection at port of
entry, with details about enforcement of MRLs for pesticides. In
accordance with the Guidelines, imported crops are tested for 47
pesticides using a "simultaneous multi-residue test." Further analysis
may be conducted depending on the simultaneous multi-residue test
results.

# Process for the establishment of MRLs

For full registration, a data package similar to that required by the
U.S. Environmental Protection Agency (EPA) must be submitted to MAF. MAF
shares information submitted for registration with KFDA. Subsequently,
KFDA can work with MAF and provincial authorities to generate acute
toxicology, phytotoxicity, and residue data under Korean environmental
conditions. After data review by MAF and KFDA, the latter agency will
promulgate an MRL. If a pesticide level has already been established for
another commodity, the required studies will be for residues and,
possibly, methodology, since other information is already submitted for
registration.

# Updates of the printed copy or website listing of MRLs

MRLs are usually updated annually. KFDA provides an English translation
of MRLs on its website at
[www.kfda.go.kr/cgi-bin/t4.cgi/eng/english_12.taf](http://www.kfda.go.kr/cgi-bin/t4.cgi/eng/english_12.taf)
and publishes the updated Korean Food Code annually. Based on past
practice, KFDA issues draft revisions of MRLs before the end of the
calendar year and completes the revision process the following year.
KFDA follows the World Trade Organization notification process whenever
revising current MRLs or establishing new MRLs. Therefore, trading
partners are notified of any changes or proposed changes.

# Regulatory process for the establishment of import MRLs

KFDA has not established any import MRLs and has no procedures
established to so. However, KFDA has indicated a willingness to discuss
this matter on an as needed basis.

# Residue Definition

Residue is determined as the parent compound in principle. However, in
case metabolites have high toxicity or long residual characteristic,
MRLs are established for metabolites or combination of a parent compound
and metabolites.

# Crop Groupings for MRLs

All crops are placed into groupings but MRLs are established for
individual crops only. Crop groupings specified in the Korean Food Code
consist of 11 categories with 11 sub-groups as follows.

  --------------- ------------ ------------------------------------------------
  Category        Group        Crop

  Grains          \-           Rice, barley, wheat, buckwheat, foxtail millet,
                               sorghum, maize, oats, rye, great millet, Job's
                               tear, millet, barnyard grass, triticale, etc.

  Potatoes        \-           Potato, sweet potato, taro, yam, cassava
                               (tapioca), Devil's tongue, etc.

  Pulses          \-           Soybean, mung bean, pea, kidney bean, cowpea,
                               red bean, broad bean, *pigeonpi*, lima bean,
                               Egyptian bean, green bean, black bean, lentil,
                               etc.

  Nuts and        Nuts         Chestnut, walnut, gingko nut, pine nut, peanut,
  oilseeds                     almond, pecan, cashew nut, hazelnut, macadamia,
                               pistachio, oak acorn, etc.

                  Oilseeds     Sesame seed, cotton seed, sunflower seed,
                               pumpkin seed, perilla seed, black sesame seed,
                               olive, evening primrose seed, cotton seed,
                               rapeseed (canola seed), palm, safflower seed,
                               etc.

  Fruits          Pomaceous    Apple, pear, persimmon, Chinese quince,
                  fruits       pomegranate, etc.

                  Citrus       Tangerine, orange, grapefruit, lemon, Chinese
                  fruits       lemon, lime, kumquat, trifoliate orange, citron,
                               etc.

                  Stone fruits Peach, Chinese date, apricot, plum, Japanese
                               apricot, cherry, nectarine, Japanese cherry,
                               etc.

                  Berries      Grape, strawberry, fig, mulberry, cowberry,
                               currant, berry, etc.

                  Tropical     Banana, pineapple, kiwi, avocado, papaya,
                  fruits       jujube, mango, guava, coconut, etc.

  Vegetables      Leaf         Chinese cabbage, cabbage, Chinese lettuce,
                  vegetables   lettuce, spinach, perilla leaf, crown daisy,
                               mallow, Swiss chard, butterbur, radish
                               (including young radish, leaf), aster, red
                               pepper leaf, *Pimpinella brachycarpa*, kale,
                               broccoli, *Brassica campestris var. Chinensis*,
                               leaf mustard, shepherd's purse, chicory (leaf),
                               endive, parsley, pumpkin leaf, *Angelica
                               makino*, wasabi (leaf), pigweed, *Ixeris
                               dentata* , etc.

                  Leaf & stalk Green onion, leek, dropwort, sweet potato stalk,
                  vegetables   taro stalk, bracken, asparagus, celery, bamboo
                               shoot, kohlrabi, day lily, fatsia, wild
                               rocambole, royal fern, green garlic (including
                               garlic stalk), *Sedum sarmentosum bunge*, etc.

                  Root         Radish (root), onion, garlic, carrot, ginger,
                  vegetables   lotus root, burdock, bellflower root,
                               *Codonopsis lanceolata*, beet (sugar beet),
                               turnip, parsnip, yacon, wasabi (root), chicory
                               (root), etc.

                  Fruit        Cucumber, squash, tomato, pepper, green pepper,
                  vegetables   egg plant, Oriental melon, water melon, okra,
                               green bean, etc.

  Mushroom        \-           Oyster mushroom, pine mushroom, shiitake
                               mushroom, mushroom, coral fungus, velvet shank,
                               brain fungus, bracket fungus, *saesongi*
                               mushroom, etc.

  Tea             \-           Tea

  Ginseng         \-           Ginseng

  Hop             \-           Hop

  Miscellaneous   \-           Mustard, black pepper, white pepper, coffee
  plants                       bean, cacao bean, etc.
  --------------- ------------ ------------------------------------------------

# Routine surveillance/testing program for pesticide residues in imported foods

KFDA has a surveillance program for pesticide residues in both imported
and domestic foods. Samples are collected from retail and wholesale
markets and forwarded to KFDA laboratories for analysis. KFDA publishes
a report providing results of analysis and posts it on its website at
[http://www.kfda.go.kr](http://www.kfda.go.kr/).

Besides KFDA, city and provincial government institutes with
laboratories monitor domestic and imported crops sold in local retail
and wholesale markets. For example, the Seoul Metropolitan Environmental
and Health Institute is stationed at one of biggest wholesale markets in
Korea. This institute collects samples of crops that are auctioned in
the wholesale market and tests them for pesticide residues. The
Institute has the authority to require a commodity recall when illegal
residues are found and notifies KFDA of such findings. The Institution
will order the destruction of the product found in violation and will
file a complaint with local police. The judicial authority will
prosecute and impose penalties according to the Presidential Decree to
the Food Sanitation Act.

Using KFDA standards, the National Agricultural Product Quality Control
Service under MAF has a surveillance program for domestic crops.

# Acceptance of CODEX MRLs 

CODEX values are the principal default levels when no Korean MRLs have
been established. This means that other tolerance levels, such as CODEX,
etc., are not accepted when an MRL is established for a given pesticide
in the Korean Food Code.

# Default pesticide enforcement levels

For pesticides where tolerance levels have not been established in the
Korean Food Code, rules described below are applied.

\(1\) The CODEX standards shall apply;

\(2\) If the provision in (1) is not applicable, the lowest of the
residue limits of the pesticide in question specified for similar crops
shall apply to the crop in which the pesticide is detected (a grouping
of similar crops is provided in Section "Crop Groupings for MRLs"); or

\(3\) If provisions in (1) and (2) are not applicable, the lowest of the
residue limits for the crop shall apply to the detected pesticide.

# Actions taken when residues are found above the MRL

If an imported product fails to meet the established MRL, KFDA will
determine if the product will be returned, destroyed, or otherwise
disposed of, which includes working with the importer to decide if the
product can be used for non-food purposes. If the product is already in
trade channels, it will be recalled and subjected to the same
procedures. Any violation will result in mandatory laboratory analysis
of, at least, the next shipment of the same product from the same
source. After that, KFDA will determine whether continued laboratory
analysis will be required for subsequent shipments based upon KFDA's
database of past findings. This means that for exporters or importers
with a record of frequent violations, KFDA may increase the rate of
random samplings or require mandatory laboratory analysis. Otherwise,
the following shipments of the same product same source will return to
the normal inspection program. There is no monetary fine for an
infraction. KFDA publishes all inspection results in an annual
publication listing only the country of origin, the commodity and, when
violations are noted, the reason. A list of imported foods that fail to
pass import inspection, along with the reasons for failure, country of
origin, the commodity and, for processed foods, the manufacturer, is
posted monthly on KFDA's home page at
[http://www.kfda.go.kr](http://www.kfda.go.kr/). For U.S. crops, there
has been no record of violations of MRLs for at least the past five
years.

# Name, office telephone and email address of a pertinent government official for Korean MRLs

For any inquiries related to imported foods:

> Mr. Bang Hwan KONG, Director
>
> International Trade & Legal Affairs Division
>
> Korea Food & Drug Administration
>
> Phone) 82-2-380-1661
>
> Fax) 82-2-356-2893

For inquiries specific to establishment of MRLs:

> Mr. Moo Ki HONG, Director
>
> Residue and Chemicals Division
>
> Korea Food & Drug Administration
>
> Phone) 82-2-380-1673
>
> Fax) 82-2-382-4892