Required Report - public distribution

**Date:** 7/28/2006

**GAIN Report Number:** KS6080

KS6080

**Korea, Republic of**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2006**

**Approved by:**

![](media/image1.wmf)Larry M. Senger

U.S. Embassy

**Prepared by:**

Chris Frederick / Seung Ah Chung

**Report Highlights:**

Updated on July 28, 2006

Section Updated: Section I, II, IV, V, VI, VII, IX, X

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Seoul \[KS1\]

\[KS\]

**FOOD AND AGRICULTURAL IMPORTS REGULATIONS AND STANDARDS REPORT
(FAIRS)**

######## REPUBLIC OF KOREA

**Last Updated: July 2006**

**Section(s) Last Updated: SECTIONS I, II, IV, V, VI, VII, IX, X**

**DISCLAIMER: This report was prepared by the Office of Agricultural
Affairs of the USDA/Foreign Agricultural Service in Seoul, Korea for
U.S. exporters of domestic food and agricultural products. While every
possible care was taken in the preparation of this report, information
provided may not be completely accurate either because policies have
changed since its preparation, or because clear and consistent
information about theses policies was not available. It is highly
recommended 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 OF ANY PRODUCT IS SUBJECT TO THE
IMPORTING COUNTRY'S RULES AND REGULATIONS AS INTERPRETED BY BORDER
OFFICIALS AT THE TIME OF PRODUCT ENTRY**

Table of Contents

[**SECTION I. FOOD LAWS 3**](#section-i.-food-laws)

[SECTION II. LABELING REQUIREMENTS
13](#section-ii.-labeling-requirements)

[SECTION III. PACKAGING AND CONTAINER REQUIREMENTS
26](#section-iii.-packaging-and-container-requirements)

[SECTION IV. FOOD ADDITIVE REGULATIONS
27](#section-iv.-food-additive-regulations)

[SECTION V. PESTICIDE AND OTHER CONTAMINANTS (ANTIBIOTICS AND GROWTH
HORMONES)
28](#section-v.-pesticide-and-other-contaminants-antibiotics-and-growth-hormones)

[SECTION VI. OTHER REGULATIONS AND REQUIREMENTS (CERTIFICATION)
30](#section-vi.-other-regulations-and-requirements-certification)

[SECTION VII. OTHER SPECIFIC STANDARDS (GMO SAFETY EVALUATIONS &
ADVERTISEMENT)
32](#section-vii.-other-specific-standards-gmo-safety-evaluations-advertisement)

[SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS
34](#section-viii.-copyright-andor-trademark-laws)

[SECTION IX. IMPORT PROCEDURES 35](#section-ix.-import-procedures)

[SECTION X. APPENDIX 42](#section-x.-appendix)

[APPENDIX I -- PRIMARY KOREAN FOOD AGENCIES
42](#appendix-i-primary-korean-food-agencies)

[APPENDIX II -- WORLD TRADE ORGANIZATION (WTO) Enquiry Point
43](#appendix-ii-world-trade-organization-wto-enquiry-point)

[APPENDIX III -- LIST OF AVAILABLE REGULATIONS
44](#appendix-iii-list-of-available-regulations)

[APPENDIX IV -- STANDARDS FOR PACKAGING, CONTAINER OR EQUIPMENT FOR FOOD
PRODUCTS
45](#appendix-iv-standards-for-packaging-container-or-equipment-for-food-products)

[APPENDIX V - U.S. LABORATORIES ACCREDITED BY THE KOREAN GOVERNMENT
(KFDA)
46](#appendix-v---u.s.-laboratories-accredited-by-the-korean-government-kfda)

# SECTION I. FOOD LAWS

Following are the responsibilities of ministries and agencies involved
with the Korean food system along with a brief description of relevant
food laws.

***A. Ministry of Health & Welfare:***

The Ministry of Health & Welfare (MHW) relinquished most of its food
regulation authorities to the Korea Food & Drug Administration (KFDA) in
1998. It did retain authority to legislate changes to the Food
Sanitation Act and the Functional Food Act and their implementing
Presidential Decree and Ministerial Ordinance. As MHW continues its
reorganization, its direct linkage to food regulation fades. Today only
one team within MHW oversees food policy and industry, whereas in 1998 a
bureau handled these responsibilities.

**1. Food Sanitation Act**

The Food Sanitation Act is legislated by the National Assembly and is
the legal basis for the food safety-related work conducted by MHW and
KFDA. The Act aims to contribute to the improvement of national health
by improving the quality of food nutrition and by preventing sanitary
hazards and harm caused by food products.

**2. Presidential Decree to the Food Sanitation Act**

The Presidential Decree establishes provisions to implement the Food
Sanitation Act. The decree provides more defined guidance on
interpretation and implementation of the Food Sanitation Act.

**3. Ministerial Ordinance to the Food Sanitation Act**

The Ministerial Ordinance to the Food Sanitation Act prescribes more
detailed guidance on how the Food Sanitation Act and Presidential Decree
are to be implemented. This ordinance provides the nuts and bolts for
conducting food related business in Korea, including the relevant
penalties for compliance failure. The Ordinance also includes samples of
the various types of forms needed in conducting food related business,
including food imports. Other more detailed standards and regulations
guiding food related business in Korea are provided in the form of the
Food Code, Food Additive Code, Guidelines, Notices, etc. These detailed
standards and regulations are the responsibility of KFDA.

**4. Functional Food Act**

The Functional Food Act, legislated by the Korean National Assembly, is
the legal basis for MHW and KFDA oversight of functional foods (health
foods & nutritional supplements). The Act aims to contribute to the
improvement of national health and consumer protection by improving the
safety and quality of functional foods and encouraging sound
distribution and sales of such products.

**5. Presidential Decree to the Functional Food Act**

The Presidential Decree, issued December 18, 2003, established
provisions to implement matters regulated by the Functional Food Act.

**6. Ministerial Ordinance to the Functional Food Act**

The Ministerial Ordinance, issued January 31, 2004, prescribed more
detailed guidance on how the Functional Food Act and its Presidential
Decree are to be implemented. This ordinance includes inspection of
imported functional food, penalties for violations, applications for
import inspection, advertisements, etc. Other more detailed standards
and regulations guiding functional food-related business in Korea are
provided in the form of the Functional Food Code, Guidelines for
Labeling of Functional Food, Guidelines for the Advertisement of
Functional Food, relevant notices, etc. These detailed standards and
regulations are the responsibility of KFDA.

***B. Korea Food & Drug Administration:***

KFDA is the principle government agency charged with ensuring that foods
are safe, sound, wholesome and correctly labeled. KFDA is also
responsible for ensuring that medicines are safe, effective, and that
side effects are properly noted. Except for 102 meat, poultry and dairy
products (which are regulated by the Ministry of Agriculture & Forestry
per the Livestock Product Processing Control Act), KFDA is responsible
for setting and implementing standards and specifications for food in
general, functional foods, food additives, food packaging, containers
and equipment. KFDA standards and specifications apply both to
domestically produced and imported food products. Specific to imported
food products, KFDA inspects products under provisions provided in the
"Inspection Guidelines for Imported Food, etc." KFDA provides this
guideline in Korean on its website:
[http://www.kfda.go.kr](http://www.kfda.go.kr/).

KFDA also sets and implements regulations governing safety evaluations
of agricultural products enhanced through biotechnology (GMO) and GMO
labeling requirements for processed food products manufactured using GMO
ingredients. Per the KFDA Guidelines for Recombinant Food Labeling,
established in August 2000, starting July 13, 2001, KFDA implemented
labeling requirements for processed food products containing GMO
soybeans and corn, or their derivatives, as one or more of the top five
major ingredients. Moreover, KFDA establishes the Korean Hazard Analysis
of Critical Control Point (HACCP) and recall systems for food products
(excluding meat, poultry, egg and dairy products). KFDA also regulates
non-food-related products, including cosmetics, vaccines, blood
products, medical devices and radiation-emitting products.

To support its science-based regulatory decisions, KFDA oversees the
National Institute of Toxicological Research, which utilizes in vitro
and in vivo analytical methods focused on the research and development
of effective testing methods. In KFDA, the Food Headquarters and the
Nutrition & Functional Food Headquarters, encompassing four teams
respectively and the Food Safety Evaluation Department and the Risk
Management Bureau are dedicated exclusively to food-related issues. KFDA
headquarters also oversees six regional KFDA offices. KFDA publishes its
food-related regulations, including the Food Code, Food Additive Code,
Labeling Standards for Food, Labeling Standards for Recombinant Food,
Guidelines for Safety Assessment for Recombinant Food, functional food
regulations, etc., on its website: http://www.kfda.go.kr.

**1. Food Code**

The Food Code stipulates standards and specifications for manufacturing,
processing, usage, cooking, storage of food and equipment, containers
and packaging for food products. It specifies the standards for maximum
residue levels of agricultural chemicals, antibiotics, synthetic
antibiotics, hormones, radioactive ray standards, testing methods, etc.
The Food Code contains general standards and specifications governing
food products and individual standards and specifications for 126 food
categories, delineated into 19 groups. A revision made on May 24, 2004
expanded the list of food products for which irradiation is permitted
under the Food Code. Revision issued on April 8, 2005 and April 20, 2006
established new Maximum Residue Limits (MRLs) and modified existing MRLs
and MRLs for veterinary drugs. The Food Code was last updated April 20,
2006.

**2. Food Additive Code**

The Food Additive Code defines standard specifications for individual
food additives and usage standards. As of July 2006, the Food Additive
Code lists standards for 424 types of chemical synthetics, 196 types of
natural food additives, and 7 types of mixed food additives. Korea
utilizes a "positive list" system for food additives meaning the only
approved food additives are those that are approved for a specific use
in the Additive Code. The latest revision, issued in December 2005,
introduced a positive list for 1,834 synthetic flavorings.

**3. Labeling Standards for Food.**

"Labeling Standards for Food" aims to promote the sanitary treatment of
food products, and to provide accurate information to consumers. The
labeling standards for food, food additives and packaging are based on
Article 10 of the Food Sanitation Act. The revision, dated July 2000,
introduced the principal display panel labeling requirement, the
labeling criteria for organic products, etc., and removed the food
category labeling requirement for the majority of food products. A
revision in March 2003 introduced labeling requirements for 11 food
products that could be considered allergens. The latest revision, issued
March 7, 2005, requires that all ingredients must be listed on the
product label, "high caffeine content" must be declared for certain
products, and additional nutrition labeling must be added to the label
among other requirements. See Section II for details.

**4. Labeling Standards for Recombinant Food** (i.e., labeling standards
for processed food products containing ingredients enhanced through
biotechnology)

In August 2000, KFDA released the Labeling Standards for Recombinant
Food. Starting July 13, 2001, mandatory labeling went into effect for 27
items. The standards require labeling of processed food products and
unprocessed corn or soybeans used for further processing with 3 percent
or higher GMO corn or soybean content. See Section II for details.

**5. Functional Food Code**

The Functional Food Code was established on January 31, 2004 and revised
on May 26, 2005. The Code contains general standards and specifications
governing functional foods, and individual standards and specifications
for 37 categories. Functional foods must be in the form of tablets,
pills, capsules, granules, powders, or liquids. A food product that
meets the criteria of one of 37 defined categories is permitted to carry
a health efficacy claim. Anyone wishing to export a functional food that
is not one of 37 categories specified in the Code can apply to KFDA
for: 1) recognition of raw materials that have specific health effects
(efficacy); and, 2) recognition of the new category. Details about
recognition procedures, required documents, etc., are provided on the
KFDA website at [www.kfda.go.kr](http://www.kfda.go.kr/) in Korean.

***C. Ministry of Agriculture & Forestry:***

The Ministry of Agriculture & Forestry (MAF) is responsible for
establishing regulations and standards related to agricultural products,
including livestock and dairy products. Several agencies within MAF are
responsible for issuing and enforcing regulations. The National
Veterinary Research & Quarantine Service (NVRQS) is responsible for
implementing regulations pertaining to both domestic and imported
animals and livestock products. The National Plant Quarantine Service
(NPQS) is responsible for implementing regulations pertaining to plants.
The National Agricultural Product Quality Management Service (NAQS) is
responsible for setting quality standards and grades for agricultural
products, such as organic standards for agricultural produce, and
enforcing country of origin marks and GMO labeling of bulk corn and
soybeans. In 2000, MAF designated NAQS as its official inspection agency
for testing of GMO products. The primary role of the Rural Development
Administration (RDA) is research and development of new agricultural
technologies and extension work. RDA is pro-biotechnology and is
actively pursuing GMO research for several products common in the Korean
diet. RDA is also conducting environmental risk assessments of biotech
crops. Given its technical expertise, RDA is the technical advisor on
MAF policy regarding GMO products. In March 2001, RDA began inspecting
GMO products for one year during which time it transferred its technical
expertise to NAQS. Since March 2002, NAQS has taken full responsibility
for GMO inspection, including random sampling of products from retail
markets and testing for GMO content. In 2001, MAF established the \"GMO
Task Force Team,\" which oversaw labeling enforcement for unprocessed
GMO commodities (soybeans, corn, soybean sprouts, and potatoes), to
ensure the smooth enforcement of new GMO labeling requirements. In 2002,
however, the team was disbanded and the MAF Food Industry Division took
over the function. In 2003, MAF established two new divisions, the
Consumer Safety Division responsible for GMO labeling and consumer
policy, and the Agricultural Technology Support Division responsible for
policy related to environmental risk assessments of GMOs.

**1. National Veterinary Research & Quarantine Service**

The National Veterinary Research & Quarantine Service (NVRQS) is
responsible for establishing sanitary controls for animal origin
products from farm to table. NVRQS was established August 1, 1998, when
the National Animal Quarantine Service and the National Veterinary
Research Institute were merged. NVRQS is responsible for setting and
implementing standards and specifications and labeling requirements for
102 meat, poultry, eggs, and dairy products in accordance with the
Livestock Product Processing Control Act. These standards and
specifications apply to both domestically produced and imported food
products. NVRQS is responsible for operating HACCP and recalls for meat,
poultry, eggs and dairy products. NVRQS headquarters, in Anyang, has
three departments and 18 divisions. NVRQS has five regional offices and
15 district offices.

**2. National Plant Quarantine Service**

The National Plant Quarantine Service (NPQS) is responsible for
preventing the introduction of harmful weeds, pests and disease
originating from imported plants, fruits and vegetables. NPQS conducts
pest risk analysis and determines the appropriate eradication method for
detected pests. NPQS sets and enforces quarantine requirements for
imported plants, fruits and vegetables. NPQS headquarters, in Anyang,
has five divisions and five regional offices with 22 district offices
located in major Korean cities and ports.

**3. Rural Development Administration**

The Rural Development Administration (RDA) is responsible for developing
the rural sector and administering policies on research and development,
extension service, and training for farmers.

Under RDA there are eight research institutes, and the Korea National
Agricultural College. The research institutes include:

National Institute of Agricultural Science and Technology,

National Institute of Agricultural Biotechnology,

National Institute of Agricultural Engineering,

National Institute of Highland Agriculture,

National Institute of Subtropical Agriculture,

National Livestock Research Institute,

National Horticultural Research Institute, and

National Institute of Crop Science

With regard to biotechnology, RDA is currently conducting environmental
risk assessments of biotech crops on a voluntary basis and developing
GMO detection testing methods. RDA will conduct mandatory environmental
risk assessments of biotech crops when the Act on Transboundary
Movement, Etc., of Living Modified Organisms (LMO Act) goes into effect.
The LMO Act is Korea's enforcement legislation for the Cartagena
Protocol on Biosafety. The National Institute of Agricultural
Biotechnology (NIAB) is developing 18 biotech-enhanced agricultural
commodities with 45 varieties. Included are rice, chilies (red peppers),
potatoes, Chinese cabbage, cabbage, perilla seeds, tomatoes, apples,
watermelons, cucumbers, chrysanthemums, swine, chickens, etc. Herbicide
tolerant rice, peppers, perilla seeds, and virus resistant potatoes are
expected to be the first locally developed crops to become commercially
produced in Korea. These Korean-developed biotech crops are currently
undergoing safety assessments and are expected to be commercially
produced in three to four years.

**4. National Agricultural Product Quality Management Service**

The National Agricultural Product Quality Management Service (NAQS) is
responsible for setting quality standards and grades for agricultural
products, enforcing country of origin marks, GMO labeling requirements,
and organic labeling for fresh fruits, vegetables, and grains in the
marketplace, and accrediting certifiers of non-processed organic
produce. NAQS is the designated official agency for the inspection of
labeling of unprocessed GMO commodities. NAQS collects samples from
retail markets and tests products for GMO content with testing methods
developed by RDA.

**5. Acts, Regulations, Guidelines, etc., Governed by MAF or its
Agencies**

Korean language texts are available on the MAF's website:
[http://www.maf.go.kr.]{.underline}

**(1) Livestock Processing Control Act**

The purpose of this Act is to promote the sound development of the
livestock industry and to improve public health by improving the quality
of livestock products and by ensuring that they are sanitary. To this
end, the Act specifies requirements for the slaughter and handling of
livestock and the processing, distribution and inspection of livestock
products. The Act is the legal basis for setting health standards
provided in the Livestock Code (excluding antibiotic and pesticide
standards for meat, poultry and dairy products which are governed under
the Food Sanitation Act).

**(2) Presidential Decree to the Livestock Product Processing Control
Act**

The purpose of the Presidential Decree is to establish which matters
will come under the Livestock Product Processing Control Act and how the
Act will be enforced.

**(3) Ministerial Ordinance to the Livestock Product Processing Control
Act**

The purpose of the Ministerial Ordinance is to establish which matters
will come under the Livestock Product Processing Control Act and the
corresponding Presidential Decree, and how the Act and the Decree will
be enforced. The ordinance establishes the basics needed to conduct
livestock product businesses and the relevant penalties for
non-compliance. It also provides samples of forms needed to conduct such
businesses.

**(4) Livestock Code**

The purpose of the Livestock Code is to provide health standards for
meat, poultry and dairy products, such as microorganism standards,
criteria and standards for livestock products, etc. (excluding
antibiotic and pesticide standards which are defined in the Food Code
under the Food Sanitation Act). The current Livestock Code is drawn from
the 1996 Food Code. The April 2006 version is the latest edition of the
Code.

**(5) Livestock Epidemics Prevention & Control Act**

The purpose of the Livestock Epidemics Prevention & Control Act is to
enhance the development of the livestock industry and to improve public
health by preventing the outbreak and spread of livestock epidemics.
This Act focuses on live animals, whereas the Livestock Processing
Control Act focuses on livestock products.

**(6) Presidential Decree to the Livestock Epidemics Prevention &
Control Act**

The purpose of the Presidential Decree is to establish which matters
will come under the Livestock Epidemics Prevention & Control Act and how
the Act will be enforced.

**(7) Ministerial Ordinance to the Livestock Epidemics Prevention &
Control Act**

The purpose of the Ministerial Ordinance is to establish which matters
will come under the Livestock Epidemics Prevention & Control Act and the
corresponding Presidential Decree, and how the Act and Decree will be
enforced.

**(8) Import Health Requirements for Various Animals**

Live animals and animal products should comply with the standards as
specified by the relevant MAF provisions issued by the Animal Health
Division (AHD). AHD makes regulations and NVRQS enforces them. Korea's
health requirements for livestock and products can be found in English
on the USDA's [Food Safety & Inspection Service
(FSIS)](http://www.fsis.usda.gov/Regulations_&_Policies/Republic_of_Korea_Requirements/index.asp)
website.

**(9) Labeling Standards for Livestock Products**

The purpose of these standards is to ensure the sanitary processing and
handling of livestock products. It requires that consumers be provided
accurate information by establishing the labeling standards for
livestock products, containers, equipment, packaging and stamping dyes
based on Article 6-1 of the Livestock Processing Control Act. The
September 2005 version is the latest edition.

**(10) Plant Protection Act**

The purpose of the Plant Protection Act is to safeguard agricultural and
forestry production by establishing quarantine regulations for imported
and domestic plants.

**(11) Presidential Decree to the Plant Protection Act**

The purpose of the Presidential Decree is to establish which matters
will come under the Plant Protection Act and how the Act will be
enforced.

**(12) Ministerial Ordinance to the Plant Protection Act**

The purpose of the Ministerial Ordinance is to establish which matters
will come under the Plant Protection Act and the corresponding
Presidential Decree, and how the act and Decree will be enforced.

**(13) Import Plant Inspection Guideline**

The Import Plant Inspection Guideline defines inspection procedures for
imported plants and plant materials and establishes specific principles
for the inspection and disposition of imported plants as delegated to
the Director General of NPQS in the Plant Protection Act, the
corresponding Presidential Decree to the Act and the Ministerial
Ordinance to the Act.

**(14) Agricultural Products Quality Control Act**

The Act, passed by the National Assembly in December 1998, includes
provisions governing agricultural GMO products and labeling, country of
origin marks, geographical indication (GI), trace-back, etc. The Act
gives MAF a legal basis for its requirements regarding the labeling of
unprocessed GMO commodities for the purpose of providing accurate
product information to consumers.

**(15) Presidential Decree to the Agricultural Products Quality Control
Act**

The purpose of this Decree is to establish which matters will come under
the Agricultural Products Quality Control Act and how the Act will be
enforced. In June 1999, the Decree was revised to add provisions
governing the labeling of unprocessed GMO commodities. The July 2002
revision gives manufacturers the option to include \"May Contain GMO\"
on product labels. The January 2006 is the latest edition.

**(16) Guideline for Labeling of Genetically Modified Agricultural
Products**

The Guideline, proposed on December 1, 1999 and finalized on April 22,
2000, provides details on labeling requirements for unprocessed GMO
commodities, including a list of commodities subject to GMO labeling,
labeling methods, etc. According to the guideline, four unprocessed GMO
commodities (soybeans, bean sprouts, corn, and potatoes) must be labeled
as GMOs if three percent or more of the shipment contains a
biotech-enhanced component. The guideline calls for GMO labeling for
soybeans, bean sprouts, and corn as of March 2001, and for potatoes as
of March 2002. (GMO products, if used for animal feed, do not have to be
labeled. Only those products destined for human consumption must be
labeled.) See Section II for details.

**(17) Sustainable Agriculture Promotion Act**

The purpose of the Act is to promote environmentally sustainable
"organic" agriculture by introducing production methods and techniques
to protect the environment, by reducing environmental pollution related
to agriculture, and by encouraging the adoption of sustainable
agriculture.

**(18) Presidential Decree to the Sustainable Agricultural Promotion
Act**

The purpose of the Presidential Decree is to establish which matters
will come under the Sustainable Agricultural Promotion Act and how the
Act will be enforced. The June 2006 revision is the latest one.

**(19) Ministerial Ordinance to the Sustainable Agricultural Promotion
Act**

The purpose of the Ministerial Ordinance is to establish which matters
come under the Sustainable Agricultural Promotion Act and the
corresponding Presidential Decree, and how the Act and Decree will be
enforced. It establishes quality control standards for four types of
sustainable agricultural produce: organic produce, transitional organic
produce, no-pesticide produce, and low-pesticide produce. This Ordinance
also establishes requirements for organic certifying agents,
certification, etc. The April 2006 revision is the latest version.

**(20) Guideline for Country of Origin (COO) for Agricultural Products**

The purpose of the guideline is to protect consumers and agricultural
producers from mislabeled products. COO labeling of domestic
agricultural products and raw materials used in domestically processed
agricultural products is required under Article 17 of the Agricultural &
Fishery Products Quality Control Act and Articles 38 to 40 of the
corresponding Presidential Decree. COO labeling of imported agricultural
products is required under Article 53 of the Presidential Decree of the
Foreign Trade Act. The April 2006 revision is the latest version.

**(21) Seed Industry Act**

The Act, implemented December 31, 1997 and revised January 26, 2001,
brought Korea into compliance with its WTO Trade Related Aspects of
Intellectual Property Rights (TRIPS) and OECD commitments related to the
trade of planting seeds. The focus of the Act is the protection of
intellectual property rights. The Act did not liberalize imports of
major staple crop seeds.

The Seed Industry Act combined provisions of the Seedling Management
Act, which governed vegetable seeds, and the Major Agricultural Seed
Act, which governed major field crop seeds. The corresponding
Presidential Decree and Ministerial Ordinance became effective December
31, 1997 and January 24, 1998, respectively. On June 1, 2000, the seed
fund provision of the Seed Industry Act was deleted. The January 2001
version included a revision of Article 165, which strengthened the
management of genetic resources at the national level.

For more information regarding general planting seed regulations,
contact:

Dr. Keun Jin CHOI

National Seed Management Office

Ministry of Agriculture and Forestry

Phone: 82-31-446-2432

Fax: 82-31-448-1216

e-mail: kjchoi@seed.go.kr

***D. Ministry of Maritime Affairs & Fisheries***

The Ministry of Maritime Affairs & Fisheries (MOMAF) was established in
1994 with the merging of the National Maritime Affairs Administration
and the National Fisheries Administration. MOMAF is responsible for
making policies and plans for maritime affairs and fisheries,
maintaining facilities and materials, and overseeing all operations
related to maritime affairs and fisheries.

Various sub-organizations come under the jurisdiction of MOMAF's
Minister such as:

National Fisheries Research & Development Institutes,

Korea Maritime Safety Tribunal,

National Oceanographic Research Institute,

National Fisheries Products Quality Inspection Service,

Regional Maritime Affairs and Fisheries Offices, and

Maritime Affairs & Fisheries HRD Institute.

On December 31, 2002, MOMAF introduced a labeling requirement for three
fishery items enhanced through biotechnology: rainbow trout, Atlantic
salmon, and mud loach. This labeling requirement will be mandated when
the LMO Act, Korea's enforcement legislation for the Cartagena Protocol
on Biosafety, goes into effect. The National Fisheries Products Quality
Inspection Service (NFPQIS) has been designated as the enforcement
agency for biotech labeling of fishery products. NFPQIS is also charged
with inspection of fishery products, whether produced in Korea or
imported.

**1. Fishery Products Inspection Act**

The purpose of the Act is to promote quality improvement and
standardization of fishery products through inspection. It is the legal
basis for the fishery inspection work conducted by NFPQIS.

**2. Presidential Decree to the Fishery Products Inspection Act**

The Presidential Decree provides provisions for implementing the Fishery
Products Inspection Act.

**3. Ministerial Ordinance to the Fishery Products Inspection Act**

The Ministerial Ordinance to the Fishery Products Inspection Act
prescribes the articles delegated by the Fishery Products Inspection Act
and the corresponding Presidential Decree, and the necessary
implementing articles, including the detailed standards that fish and
products must meet.

***E. Ministry of Commerce, Industry, & Energy***

The Ministry of Commerce, Industry, & Energy (MOCIE) is mainly
responsible for establishing trade policy related to export and imports
of goods in general. MOCIE was designated as the national competent
authority for implementation of the Cartagena Protocol on Biosafety
(CPB). As such, the Act on Transboundary Movement of Living Modified
Organism (LMO Act) and its Presidential Decree and Ministerial
Ordinance, regulations to implement the CPB was drafted by MOCIE and
finalized and announced on March 28, 2001, September 30, 2005, and March
10, 2006 respectively. These regulations will become effective 90 days
after Korea's ratification of the CPB. For more information about the
CPB, see Attaché Report KS6074.

**1. Act on Transboundary Movement, Etc., of Living Modified Organisms
(LMO Act)**

The purpose of this Act is to implement the Cartagena Protocol on
Biosafety and to ensure the safe development, production, importation,
exportation, commercialization, etc., of living modified organisms. This
Act provides guidance on import approval, mandatory risk assessment,
labeling, etc., of living modified organisms (LMO) or GMO commodities.
See Attaché Report KS 1029 for an English translation of the Act.

**2. Presidential Decree of the LMO Act**

The purpose of the Decree is to stipulate the provisions delegated by
the LMO Act and the provisions deemed necessary to implement the Act.
This Decree establishes the responsibilities of the relevant government
agencies; the procedures for the importation, production, export
notification, transit report, etc., of LMOs; procedures for designating
the agencies responsible for risk assessments and specialized review
agencies; labeling and handling requirements; the creation and operation
of a bio-safety clearing house, etc.

**3. Ministerial Ordinance of the LMO Act**

The purpose of this Ordinance is to stipulate the provisions delegated
by the LMO Act and its Presidential Decree and the provisions deemed
necessary to implement the Act and Decree. This Ordinance includes
document requirements for import approval of LMOs, safety assessments,
environmental risk assessments, production approval, etc.

# SECTION II. LABELING REQUIREMENTS 

Labeling requirements change frequently and importers must keep abreast
of changing regulations. In addition to the following requirements,
country of origin labeling is required on food products. Korean language
stickers can be applied at the port of entry.

***A. Labeling Standards for Food et al (Administered by KFDA)***

In June 1998, KFDA was legally delegated authority for food labeling
standards. The KFDA Food Safety Policy Team is responsible for
establishing labeling standards for food products. KFDA regional offices
enforce labeling standards. Provincial government health officials also
have the authority to enforce labeling standards.

With the exception of 102 meat, eggs, and dairy products, which are
regulated by the MAF, all imported food products are required to be
labeled with the necessary information in Korean. Stickers may be used
instead of manufacturer-printed Korean language labels for general food
products. The sticker should not be easily removable and should not
cover the original labeling. For functional food items, however,
stickers are not permitted. Manufacturer printed Korean language labels
must be used on such products.

Labels should have the following inscriptions printed in letters large
enough to be readily legible:

**(1) Product Name.** The product name should be identical to the
product name declared to the licensing/inspection authority.

**(2) Product type.** This is mandatory for specially designated
products, such as teas, health supplementary foods, etc.

**(3) Importer\'s name and address, and the address where products may
be returned or exchanged in the event of defects.**

**(4) Manufacture date (month, and year).** This is mandatory for
specially designated products, such as boxed lunches, sugar, liquor, and
salts. For liquors, a manufacture number (lot number) or bottling date
can substitute for the manufacture date.

**(5) Shelf life.** Food product labels should indicate the
manufacturer-determined shelf life. If various kinds of products are
packaged together, the shelf life expiration date of the product with
the shortest life should be noted on the label.

**(6) Contents.** Weight, volume or number of pieces should be
indicated. If the number of pieces is shown, the weight or volume must
be indicated in parentheses.

**(7) Ingredient names and content.** Effective September 7, 2006, the
names of all ingredients will have to be included on the Korean language
label. Artificially added purified water and names of ingredients used
to make a composite raw ingredient amounting to less than five percent
of the product in weight will be excluded from the requirement. In case
of a composite raw ingredient amounting to less than five percent of the
product by weight, only the name of the composite raw ingredient must be
listed on the Korean language label. In the case of a composite raw
ingredient amounting to over five percent of the product by weight, the
names of all ingredients contained in the composite raw ingredient must
be listed on the Korean language label. Ingredients must be listed in
order of predominance by weight, that is, the ingredient that weighs the
most is listed first, and the ingredient that weighs the least is listed
last. Food additives must also be listed by full name, abbreviated name,
or purpose on the label (e.g. Ferric Citrate, FECitrate, or nutrient
fortified substance). Food items known to be food allergens must be
indicated on the label even if they are added as part of a mix at
minimal levels. Food items considered as food allergens include eggs,
milk, buckwheat, peanuts, soybeans, wheat, mackerel, crab, pork, peaches
and tomatoes. Any food product containing one or more of the 11 items
listed above as a raw ingredient(s) must indicate so on the Korean
language label.

**(8) Nutrients.** Only special nutritional foods, health supplement
foods, breads, noodles, retort foods, products for which nutritional
labels are sought, and products for which a nutrient emphasis mark is
desired are currently subject to nutritional labeling. However, in
accordance with the March 2005 revision, beginning in September 2006,
nutritional labeling requirements will be expanded to include foods
frequently consumed by children such as chocolate, candy, snacks,
cookies, chips, doughnuts, cakes, jams, beverages, etc. Details are
provided in the "Nutritional Labeling Requirements" section below. KFDA
issued a draft revision of Labeling Standards for Food et al. on June
27, 2006. The draft revision proposes to introduce serving sizes and to
require listing of sugar, trans fat, cholesterol, etc. on the
nutritional label.

**(9) Other items designated by the detailed labeling standards for
food.** This includes cautions and standards for use or preservation
(e.g., drained weight for canned products, radiation-processed products,
etc.).

The revision, dated July 2000, introduced the principal display panel
labeling requirement, the labeling criteria for organic products, etc.,
and removed the food category labeling requirement for the majority of
food products.

The principal display panel must contain the product name and content
information. If this is not feasible, such information must be provided
on a Korean language sticker using a 12-point or larger font size.

**[Categories exempt from labeling requirements]{.underline}**

1\. Agricultural products such as grains; fishery items, such as whole
frozen fish; and fruits, that are not contained in a container or
package, etc.

2\. Foods, etc., to be used for manufacturing for a company's own use.
(Documents that show such intent need to be provided.) In this case, the
name of the product, the name of the manufacturer, and manufacture date
or shelf life shall be indicated on the original package.

3\. Products imported for the purpose of acquisition of foreign
currency, under the provisions of Article 34 of the Ministerial
Ordinance to the Foreign Trade Act.

**[Nutritional labeling requirements]{.underline}**

These requirements are specified in the Labeling Standards for Food et
al. Nutritional labeling is optional for most food products. Labeling
must be in Korean and must use Korean nutrient reference values.
Products not subject to mandatory nutritional labeling can carry the
standard U.S. nutritional fact panel as is. Korea requires nutritional
labeling complying with Korean labeling requirements for the following
food categories:

1\. Special nutritional food or health supplements

2\. In the event that specific nutrients are emphasized (e.g., if a
product is labeled as "calcium enriched yogurt,\" the content of the
calcium must be labeled).

3\. If nutritional labeling written in Korean is voluntarily included on
a product, the label must comply with Korean nutritional labeling
requirements.

4\. Bread, noodles (cooked noodles, fried noodles, and improved cooked
noodles only), and retort foods

5\. Candy, chocolate, cakes, doughnuts, cookies, biscuits, snacks, jam,
beverages, and all noodles (effective as of September 6, 2006)

If a product does not fall under one of the above categories, a
nutritional label is not required.

On March 7, 2005, KFDA issued a revision of the Labeling Standards for
Food et al. In that revision, KFDA extended nutrition labeling to candy,
chocolate, cakes, doughnuts, cookies, biscuits, snacks, jam, beverages,
etc. KFDA granted a grace period until September 6, 2006.

[High Caffeine Content Labeling Requirements]{.underline}

The March 7, 2005 revision to the labeling standards for food also
introduced a "high caffeine content" declaration requirement for food
containing high levels of caffeine. Products with artificially added
caffeine and liquid products made from raw material containing caffeine
where the level of caffeine in the liquid product exceeds 0.15 mg/ml are
required to state that the product has "high caffeine content" on the
principal display panel. However, this requirement does not apply to
products for which "coffee" or "tea" is used as the product name or part
of the product name. This requirement will be enforced from September 6,
2006.

[Use of Emphatic Terms in Nutrient Content Labeling]{.underline}

Korea currently does not allow health efficacy claims on food product
labels except for products that meet the criteria of functional foods.
However, terms such as "low," "non," "high," "rich in ...," and
"contains ..." may be used only when the general standards and the
standards for nutrient claims specified below are met:

**General standards**

-   The emphatic terms "non" or "low" may be used only if the amount of
    the relevant nutrient is reduced or eliminated through manufacturing
    or processing. Use of the terms "non" or "low" is prohibited for
    food that is naturally "low" in a particular nutrient without having
    to reduce the nutrient in question through a manufacturing process
    (e.g., "low fat apples").

-   When the emphatic term "non" or "low" is used for saturated fat, the
    amount of cholesterol contained in a product must be stated.
    However, the product may be exempted from the requirement if the
    product meets the standards for "no cholesterol" products.

**[Standards for Nutrient Content Labeling]{.underline}**

  --------------- ------------- ---------------------------------------------
  **Nutrients**   **Emphatic    **Conditions**
                  term**        

  Calories        Low           Less than 40kcal/100g or 20kcal/100ml of food

                  Non           Less than 4kcal/100ml

  Fat             Low           Less than 3g/100g or 1.5g/100ml

                  Non           Less than 0.5g/100g or 100ml

  Saturated fat   Low           Less than 1.5g/100g or 0.75g/100ml and less
                                than 10% of calories

                  Non           Less than 0.1g/100g or 0.1g/100ml

  Cholesterol     Low           Less than 20mg/100g or 10mg/100ml; and
                                saturated fat is less than 1.5g/100g or
                                0.75g/100ml of food and less than 10% of
                                calories.

                  Non           Less than 5mg/100g or 100ml; and saturated
                                fat is less than 1.5g/100g or 0.75g/100ml and
                                less than 10% of calories.

  Sugars          Non           Less than 0.5g/100g or 100ml of food

  Sodium          Low           Less than 120mg/100g

                  Non           Less than 5mg/100g

  Dietary fiber   Contained or  Not less than 3g/100g or 1.5g/100kcal
                  Source of     

                  High or Rich  Not less than 6g/100g or 3g/100kcal

  Protein         Contained or  Not less than 10% of daily values/100g of
                  Source of     food, 5% of daily values/100ml or 5% of daily
                                values/100kcal

                  High or Rich  Not less than 20% of daily values/100g, 10%
                                of daily values/100ml or 10% of daily
                                values/100kcal

  Vitamins or     Contained or  Not less than 15% of daily values/100g, 7.5%
  minerals        Source or     of daily values/100ml or 5% of daily
                                values/100kcal

                  High or Rich  Not less than 30% of daily values/100g, 15%
                                of daily values/100ml or 10% of daily
                                values/100kcal
  --------------- ------------- ---------------------------------------------

The terms such as "less," "more," "reduced or light," "fortified," and
"added" may be used only if all the following conditions are met:

-   If the differences in the amounts of nutrients can be stated in
    percentage or in absolute values in comparison with the standard
    values of other products. In this case, the standard values of other
    products must be calculated based on the products of the same type
    from three or more companies with the largest market shares.

-   As for calories and nutrients that are usually contained in a food
    in large quantities, the differences between the contained
    quantities and the standard values of other products shall be not
    less than 25 percent; and as for nutrients that are usually
    contained in very small quantities, the differences shall be not
    less than 10 percent of the recommended minimum daily values. In
    addition, the absolute quantity differences shall be larger than the
    reference values specified for the use of the term "low" if the term
    "less," "light," or "reduced" is to be used; and larger than the
    reference values specified for the use of the term "contained" if
    the term "more," "fortified," or "added" is to be used.

Korea nutrient reference values are as follows.

**[Nutrient Reference Values]{.underline}**

  ---------------------- ------------- ---------------------- -------------
  Nutrients              Values        Nutrients              Values

  Carbohydrate (g)       328           Vitamin B2 (mg)        1.2

  Dietary fiber          25            Niacin (mg NE)         13

  Protein (g)            60            Vitamin B6 (mg)        1.5

  Fat (g)                50            Folic acid (μg)        250

  Saturated fat (g)      15            Vitamin B12 (μg)       1.0

  Cholesterol (mg)       300           Biotin (μg)            30

  Sodium (mg)            3,500         Pantothenic acid (mg)  5

  Potassium (mg)         3,500         Phosphorus (mg)        700

  Vitamin A (μg RE)      700           Iodine (μg)            75

  Vitamin C (mg)         55            Magnesium (mg)         220

  Calcium (mg)           700           Zinc (mg)              12

  Iron (mg)              15            Selenium (μg)          50

  Vitamin D (μg)         5             Copper (mg)            1.5

  Vitamin E (mga -- TE)  10            Manganese (mg)         2.0

  Vitamin K (μg)         55            Chrome (μg)            50

  Vitamin B1 (mg)        1.0           Molybdenum (μg)        25
  ---------------------- ------------- ---------------------- -------------

Vitamin A, Vitamin D, and Vitamin E must be expressed in the units
specified above, but the values in International Units (IU) may be
stated in parentheses.

A draft revision issued on June 27, 2006 includes changes to nutrient
reference values, which proposed to reduce Sodium to 2,000 mg and to
increase Vitamin C to 100 mg.

**[Functional Food Labeling Requirements]{.underline}**

Labeling Standards for Functional Food were established January 31,
2004. In accordance with those standards, a manufacturer's printed
Korean language label must be on the product. It should have the
following information, in addition to those required for general food
products listed above: 1) functional food to be indicated; 2)
information on the efficacy claim; 3) intake directions and cautions; 4)
a statement that the product is not a pharmaceutical product that
prevents or heals disease; and, 5) other points as required in the
detailed labeling guidelines for functional food. The November 2005
edition is the latest revision.

**[Organic Labeling Requirements for Processed Products]{.underline}**

These labeling requirements are now specified in the Labeling Standards
for Food et al. The labeling standards for organic products are:

1\. Organic raw materials of imported food products must be equal to or
better than the quality standards specified in Article 16, Paragraph 2,
of the Environmental Agricultural Promotion Act, and Article 7, Annex 1,
of the Enforcement Regulations of the Act.

2\. If organic raw materials of imported food products are not subject
to the quality standards specified in the above Korean regulations, such
products must meet the relevant quality standards of the exporting
country.

3\. Organic and non-organic agricultural products can not be used in a
mixture as one raw material.

4\. Raw materials not included on the list of raw materials permitted
for use in the manufacture or processing of organic food products (See
Section IV) can not be used. In accordance with the Labeling Standards
for Food et al., "raw material" is defined as a material, except for
purified water purposely applied to the product, that is used for the
manufacturing, processing or cooking of food or food additives and that
are contained in the final product.

5\. Irradiated raw materials can not be used.

6\. Genetically modified foods or food additives can not be used or
detected.

7\. The container or package used for a food may be recycled or made of
biodegradable material.

8\. The determination as to whether an imported food meets the standards
specified in (1) through (7) above may be based on a certificate issued
by an organization which satisfies the qualifications to be a certifying
entity under the relevant regulations of: A) the exporting country, or
B) a reliable organization certified by a recognized international body,
such as IFOAM (International Federation of Organic Agricultural
Movements).

For such determination, KFDA has completed the review of the U.S.
National Organic Program (NOP) and recognized USDA-accredited certifying
agents as foreign organic certifiers able to issue organic certificates
for U.S. imported food products. To date, KFDA has recognized 296
foreign organic certifiers. Of those, 55 are USDA-accredited certifying
agents located in the United States.

KFDA accepts organic certificates issued by USDA-accredited certifying
agents located outside the United States for U.S. products that were
produced, manufactured, etc., by U.S. organic farms or U.S.-based
companies. Based upon KFDA's Labeling Standards for Food et al.,
imported organic food products must be certified by certifiers
accredited by the exporting country's government. Therefore, KFDA will
not accept certificates issued by USDA-accredited certifying agents
located outside the United States for non-U.S. origin products.

In 2005, KFDA formalized its zero tolerance policy for biotech
components in organic processed products by revising a provision of the
"Labeling Standards for Food et al" regulations. The change was
implemented by adding the words "or detected" to item 6 of the Organic
Labeling Requirements listed above. As in the past, KFDA continues to
test organic food products on a random basis. However, KFDA will test
product at the request of non-governmental organizations if the
organization is able to provide test results indicating that the product
contains biotech content.

**[Organic Labeling]{.underline}**

Labeling may be done in the following manner depending on the content of
organic agricultural ingredients in a food product.

1\. 100%: when the finished food product does not contain any other food
or food additive except for organic agricultural ingredients, the label
"100% organic agricultural product" or similar labels may be used.

2\. Not less than 95%: when not less than 95 percent of the raw
materials contained in the finished food product are organic
agricultural ingredients, the term "organic" or similar terms may be
used as a part of the product name and stated on the main labeling panel
of the container or package; and the name, seal and logo of the
organization that certified the organic agricultural produce used in the
product, as well as other certification information, may be stated. In
this case, the content of the organic agricultural ingredients must be
stated in percentage terms on the raw material section of the label.

3\. Less than 95% but more than 70%: when 70 percent or more but less
than 95 percent of raw materials contained in the finished food product
are organic agricultural ingredients, the term "organic" or similar
terms may be stated on a labeling surface of the container or package
other than the main labeling panel. In this case, the content of the
organic agricultural ingredients must be stated in percentage terms on
the raw materials section of the label.

4\. Others: when a food not included in (1) through (3) above includes
organic agricultural products, the term "organic" or similar terms may
be used as a part of the names of such ingredients on the raw materials
section of the label. In this case, the content of individual organic
agricultural ingredients must be stated in percentage terms on the raw
materials section of the label.

**Documentation Requirements to Qualify for Imported Organic Food
Products**

The following two documents should be presented to regional offices of
the KFDA when submitting an import application for organic food products
for import clearance:

1\. A copy of an organic certificate issued by the USDA-accredited
certifying agent. The certificate must include the following
information:

\(a\) Name, address, and phone number of the certifying agent

\(b\) A list of the types of organic food the operation is certified by
the certifying agent to produce or process

\(c\) The company name, address, and effective date (or renewal date) of
the certification

2\. An original ingredient statement (a list of all ingredient names)
issued by the manufacturer (only required for organic food products made
of mixed ingredients) that includes the office/department/division name,
name and signature of the issuer.

Please note that a "transaction certificate" is no longer required for
imported organic food products. Contact information for the KFDA teams
responsible for labeling is:

**For organic labeling** **For nutrition labeling**

**Food Import Team Nutrition Evaluation Team**

Food Headquarters, KFDA Nutrition & Functional Food Headquarters

\# 5 Nokbeon-dong, Eunpyung-ku \# 5 Nokbeon-dong, Eunpyung-ku

Seoul, Korea 122-704 Seoul, Korea 122-704

Phone: 82-2-380-1733/34 Phone: 82-2-380-1678/80

Fax: 82-2-388-6392 Fax: 82-2-380-1358

***B. Labeling Standards for Livestock Products (Administered by MAF)***

A person or business that wants to make an import declaration, in
accordance with Article 6-1 of the Livestock Processing Control Act,
should indicate the relevant information on the livestock product label.

1\. According to Article 3 of the Labeling Standards for Livestock
Products, the relevant information to be included on the label is:

\(a\) Product name

\(b\) Type of processed livestock product

\(c\) Name and address of company

\(d\) Manufacture date -- month and year (only certain designated
products are required to list this item)

\(e\) Shelf life

\(f\) Content

\(g\) Ingredients or raw materials and the percentage content by weight
of any ingredients used in the product name or as a part of the product
name

\(h\) Nutritional data (only certain designated products are required to
list this item)

\(i\) Other items specified in Appendix Table 1 of the Labeling
Standards for Livestock Products, according to the "Detailed Labeling
Standards for Livestock Product et al."

Labels should be in the Korean language and written in ink, engraved or
stamped in a manner that cannot be erased. However, registered
trademarks in foreign languages (according to the Korean Trademark Law)
and Chinese characters can be written next to the Korean writing.

2\. Exemption from application: Imported livestock products may be
exempt from the requirement to label in the Korean language if the
product falls into one of the following categories:

\(a\) Carcasses

\(b\) Large packaged products (bulk type), limited only to raw materials
to be repackaged prior to sale

\(c\) Raw materials for manufacturing processed livestock products
(i.e., frozen turkey to be used in manufacturing sausages)

\(d\) Products permitted to be imported for the purpose of earning
foreign currency per the Foreign Trade Management Regulations

The September 2005 revision of the livestock labeling requirements is
the latest edition. The next revision, effective January 1, 2007, will
require that the names of all ingredients be included on the Korean
label and expand nutritional labeling requirements to dairy products
including milk, fermented milk, processed milk, ice cream, milk formula,
milk powder and sausages. Contact information for the NVRQS division
responsible for livestock product labeling follows:

**Quarantine Inspection Division**

Department of Inspection of Livestock Products

National Veterinary Research & Quarantine Service

#480 Anyang 6-dong, Manan-ku, Anyang-shi

Kyunggido, Korea

Phone: 82‑31-467‑1744/42; Fax: 82‑31‑467‑1717

***C. Labeling Regulations for Unprocessed GMO products (Administered by
MAF)***

On April 22, 2000, MAF issued final guidelines for the labeling of
unprocessed GMO commodities intended to be used for human consumption.
Starting March 1, 2001, mandatory labeling went into effect for three
unprocessed GMO commodities (soybeans, bean sprouts, and corn) if three
percent or more of the shipment contains biotech-enhanced ingredients.
In March 2002, MAF extended its labeling requirement to include
unprocessed GMO potatoes. These regulations do not apply to feedstuffs.

Labels must comply with the following:

1\. Raw GMO agricultural commodities must be labeled as "Genetically
Modified XX *(insert the* *name of the agricultural product*)."

2\. Agricultural commodities containing a GMO component must be labeled
as "Containing Genetically Modified XX *(insert the name of the
agricultural product*)."

3\. Agricultural commodities that possibly may contain a GMO
agricultural component (but the importer is not certain) must be labeled
as "May contain Genetically Modified XX *(insert the name of the
agricultural product*)."

4\. Raw unprocessed agricultural commodities that are 100-percent GMO
free may be labeled as "Non-GMO" or "GMO Free" on a voluntary basis.
Please note that the three percent maximum threshold allowance does not
apply to such commodities. Furthermore, usage of the terms "Non-GMO" or
"GMO Free" is limited to products under the purview of MAF. KFDA does
not permit such terms to be used for products under its control. (See
Attaché Report KS1004 for details.)

The National Agricultural Product Quality Management Service (NAQS) is
the designated official inspection agency for unprocessed GMO
commodities. Since March 2002, NAQS has taken full responsibility for
GMO testing of raw soybean, corn, bean sprout, and potato samples
collected from retail markets.

Contact information for the MAF division responsible for unprocessed GMO
commodity labeling follows:

**Consumer Information and Food Safety Division**

Ministry of Agriculture & Forestry

\# 1 Choongang‑dong, Kwacheon City

Kyunggi‑do, Korea 427‑760

Phone: 82‑2‑2110-4349 or 4350; Fax: 82‑2‑503‑7277

***D. Labeling Standards for Recombinant Food (Administered by KFDA)***

In August 2000, KFDA announced the Labeling Standards for Recombinant
Food (labeling standards for processed food products containing
ingredients enhanced through biotechnology).

Effective July 13, 2001, the KFDA began requiring the labeling of
processed food products and unprocessed agricultural food products for
further processing that contain ingredients enhanced through
biotechnology.

1\. Processed food products shall be labeled when:

\(a\) The primary ingredient is subject to MAF biotech labeling
requirements (presently soybeans, corn and bean sprouts only, and not
potatoes).

\(b\) The GM ingredient is one of five major raw materials used in the
product.

\(c\) Recombinant DNA or foreign proteins are present in the final
product.

2\. An unprocessed agricultural commodity to be further processed into a
food product must be labeled when:

\(a\) The agricultural commodity is subject to MAF biotech labeling
requirements because it exceeds the threshold allowance for a GM
component.

3\. Labels must contain the following terminology:

\(a\) "Recombinant Food" or "Food Containing Recombinant XX" (e.g.,
\"Food Containing Recombinant Corn\") must be used for a food known to
contain 100 percent biotech-enhanced ingredients. The text is to be
indicated on the principle display panel in such a way that the consumer
may easily recognize the label.

\(b\) "Recombinant" or "Recombinant XX" (e.g., \"Recombinant Corn\")
must be used for a food known to contain a biotech-enhanced ingredient.
The text is to be indicated in parentheses beside the name of the GMO
ingredient listed as a raw material of the food.

\(c\) \"May contain Recombinant XX\" must be used for a product if an
exporter or importer is not sure whether it contains a GMO ingredient or
not.

4\. Colors used to label the recombinant nature of the food shall be
clearly distinguishable from the color of the container or package.
Indelible ink, a stamp, brand, etc., shall be used so that the consumer
may easily find the label.

5\. Non-detachable stickers may be used for imported foods or food
additives. Indelible ink, stamp or brand, etc., must be used.

6\. The terminology \"Non-GMO\" and \"GMO Free\" is strictly prohibited
for use on labels of processed foods.

7\. No label shall be affixed to the product if the processed food is
made using non-GMO ingredients or if one or more of top five major
ingredients contain less than three percent GMO component. (In this
case, documents listed below must be provided.)

***D.1. Documents Required for Exemption from Korean Food & Drug
Administration (KFDA) GMO labeling requirements for processed foods.***

(Source: KFDA website).

1\. Identity Preserved (IP) documentation is used most often to obtain
exemption for the GMO labeling requirements for processed products
containing raw corn or soybeans. The IP documentation for the raw corn
or soybeans must be accompanied by a certification (or a statement) that
the finished product was made using IP corn or soybeans as detailed in
subparagraphs (a) and (b) below:

\(a\) IP handling certification requirements for raw corn and soybeans:
Separate certification must be issued at designated points from farm to
the processing plant. Certification can be issued by any private entity
responsible at each designated point in the process. Certification is
required at the following points: seed purchase, crop production, crop
storage, segregation, delivery, and shipping. KFDA accepts a photocopy
of IP handling certificates.

\(b\) IP handling certification requirements for a finished product:
Certification (or a statement) issued by the manufacturer, processor,
seller or supplier of the final product shows that non-GMO ingredients
are used in the manufacture of the product, or that the product contains
less than three percent GMO ingredients (if one of the top five
ingredients is corn or soybeans). KFDA requires the original document
(***no copy***).

2\. A government-issued certificate equivalent to an IP handling
certification is also permitted. In lieu of the IP handling certificates
noted in (a) above, KFDA accepts one of the following government-issued
documents.

\(a\) For a country that does not produce or sell GMO crops or a
particular GMO food, a government-issued certificate stating that the
GMO agricultural crop or particular GMO food in question is not produced
or sold in that country is acceptable. If the government does not submit
the certification on behalf of the exporting country, the importer will
be required to submit the original certificate with the first shipment
of a product, with a photocopy of the original certificate with each
subsequent shipment of the same product.

\(b\) For raw corn or soybeans, a government-issued certificate that
verifies the presence of less than three percent GMO component is
permitted.

\(c\) For processed food products, a government-issued certificate that
states there is no presence of DNA or foreign protein is permitted. For
example, if any government agency, including state, federal, or regional
office of the state or federal government, issues a letter or statement
saying that there is no presence of recombinant DNA or foreign protein
in the final product, the original copy of such a document would be
sufficient.

\(d\) A government-issued certificate that raw material used in the
final product was handled under an IP program is permitted. In this
case, documents covering IP handling at each point as identified in (a)
above are required.

\(e\) Other documents recognized by the government of the exporter or
manufacturer as equivalent to IP handling certificates is permitted. For
U.S. origin processed food products, a notarized self-declaration
stating that the products do not contain GMO ingredients is also
accepted by KFDA as one of the documents to exempt products from GMO
labeling requirements. However, the exporter/importer must submit IP
documentation to KFDA in the event that random testing reveals the
presence of GMO ingredients.

3\. Test certificates: A test certificate issued by a domestic
commercial laboratory, foreign government or foreign commercial
laboratory is acceptable if it shows no presence of recombinant DNA or
foreign protein in the final product. The original test certificate will
be submitted to KFDA. KFDA issued official testing methods for GM
soybeans, corn, and potatoes in late 2005. Please refer to KS 6064 for
details about testing methods. KFDA has also developed a program for
designating foreign or domestic laboratories for official GMO testing.
To date, four domestic laboratories have been accredited by KFDA as an
official GMO testing laboratory. Note: If the test shows a presence of
GMO components in any event (such as KFDA's random inspection), then a
label must be affixed stating the product contains a GMO component.

4\. Stickering \"May contain GMO XX (*a name of agricultural
product*)\": If requirements of (a), (b) or (c) above cannot be met, the
importer or exporter must apply a sticker on the product stating \"May
contain GMO XX.\" Such stickers can be applied in Korea prior to Customs
clearance.

5\. Testing in Korea: If the imported product arrives without
appropriate documentation, it can be tested in Korea prior to Customs
clearance. As noted in item 3 "test certificates" above; however, if the
KFDA's random analysis tests positive got GMO components, the product
must be labeled that it contains GMOs.

See Attaché Report KS 1046 and KS 6074 for details.

**Contact information for the KFDA team responsible for GMO labeling
follows:**

**Food Import Team**

Food Headquarters, KFDA

\# 5 Nokbeon-dong, Eunpyung-ku

Seoul, Korea 122-704

Phone: 82-2-380-1733/4; Fax: 82-2-388-6392

Please note that KFDA does not require biotech labeling for potato-based
products. This requirement was supposed to go into effect July 2002 but
was not enforced because no biotech potato seed has been sold in the
United States (the only alleged biotech potato producing country) since
2000. Commercial production ended in 2001. If KFDA considers requiring
biotech labeling for potato-based products, it will announce a list of
potato-based products subject to the requirement and revise the current
biotech labeling guidelines accordingly.

***E. Labeling Regulations for Organic Agricultural Products -
Sustainable Agriculture Promotion Act (Administered by MAF)***

On December 13, 1997, the Sustainable Agriculture Promotion Act was
passed. In December 1998, the Presidential Decree and the Ministerial
Ordinance of the Act were released with the aim to identify matters
covered by the Act and details needed to enforce the Act. The
legislation was revised in January, June and July of 2001, and revised
further in May 2003, March 2005, and in April and June of 2006.

In accordance with the above legislation, organic produce is classified
into four categories: organic produce, transitional organic produce,
no-pesticide produce, and low-pesticide produce, and can be labeled
accordingly. For imported organic agricultural produce, the product is
required to get certification from an official certification agency
recognized by MAF. To date, MAF has officially designated 27 Korean
certification agencies. No foreign entities have been designated. Unlike
KFDA's labeling regulations for organic processed products, organic
agricultural produce complying with the U.S. organic standards or
international standards still needs certification from MAF's official
certification agency to carry a \"Korean language organic label\" in the
Korean market. Currently, a foreign language organic label (such as the
USDA organic logo) for raw unprocessed products is permitted with MAF
approval. However, such products are not permitted to be marked with as
"organic" in the Korean language and are not permitted to carry the MAF
organic logo.

The MAF Sustainable Agriculture Division establishes the regulations for
organic products. The National Agricultural Products Quality Management
Service (NAQS) enforces these regulations.

**Sustainable Agriculture Policy Division Quality Management Division**

Food Grain Production Bureau, MAF NAQS

\# 1 Choongang‑dong, Kwacheon City 310 Choongang-ro, Manan-ku

Kyunggi‑do, Korea 427‑760 Anyangshi, Kyunggi-do, Korea

Phone: 82‑2‑2110-4314 or 4315 Phone: 82-31-446-0127

Fax: 82‑2‑507‑2096 Fax: 82-31-446-0903

***F. Liquor Labeling (Administered by Korea Tax Administration)***

As of October 1, 2002, liquor products must have labels that distinguish
liquors for on-premise consumption, for home consumption, for sale in
discount stores and for sale in duty-free shops. The on-premise use
category does not require a separate label but the remaining three
categories do.

1\. The classification of usage must be indicated on the main label or
supplementary label for imported liquor, and only on the main label for
domestic products.

2\. Liquors for consumption at home and discount store sale must be
marked as \"for home use\" or \"for discount stores\" in white against a
green or dark blue background. The writing must be printed in a color
that can be clearly distinguished from label's main background color.
Outlining it with a box is also acceptable.

Liquors for "at home use" and "discount stores" must also have a
statement that reads \"Not allowed to be sold in restaurants and bars\"
on the main label or supplementary label.

***G. Country of Origin (COO) - (Administered by MAF)***

According to COO labeling guidelines, many agricultural products,
including most imported products, must be labeled by origin. Detailed
labeling information is provided in the guideline for COO labeling. The
National Agricultural Product Quality Management Service (NAQS) enforces
COO requirements in the marketplace. As for imported products, the Korea
Customs Service enforces COO requirements prior to Customs clearance.
The April 2006 revision is the lasted edition of COO labeling
guidelines.

**Consumer Information and Food Safety Division**

Agriculture Marketing Bureau, MAF

\# 1 Choongang‑dong, Kwacheon City

Kyunggi‑do, Korea 427‑760

Phone: 82‑2‑2110‑4349 or 4350; Fax: 82‑2‑503‑7277

# SECTION III. PACKAGING AND CONTAINER REQUIREMENTS 

"Standards & Specifications for Equipment and Container/Packaging"
established by KFDA and printed in Chapter 6 of the Korean Food Code,
includes general standards for equipment, container and packaging for
food products and specifications for individual packaging materials.

The Ministry of Environment announced regulations in 1999 covering PVC
shrink wrap packaging, which went into effect January 1, 2001.

Containers or packages that can be recycled must carry a "separation and
discharge" sign. In accordance with the Act on the Promotion of Saving
and Recycling of Resources, containers or packages that are made using
paper, metal, glass, and plastic materials must be marked with a
"separation and discharge" sign. The sign is to facilitate the recycling
of wastes. The sign should indicate the type of material the package is
composed of. For example, PET, HDPE, LDPE, PP, PS, PVC, or Other should
be indicated for containers or packaging made of plastic materials. For
metals, either iron or aluminum should be indicated. Either a printed
label or a sticker label is acceptable. This requirement has been in
place since January 1, 2003.

# SECTION IV. FOOD ADDITIVE REGULATIONS

**Food Additive Code (Administered by KFDA)**

The "Food Additive Code" guides the use of all additives in foods in
Korea. As of July 2006, Korea had a positive list of 627 approved food
additives. Food additives are grouped into three categories: (a)
chemical synthetics, (b) natural additives, and (c) mixture substances.
Most additives and/or preservatives are approved and tolerance levels
are established on a product-by-product basis in Korea. This creates
difficulties as tolerances can vary from product to product. Getting a
new additive added to the approved list can be time consuming and
troublesome. Even though there may be an established CODEX standard for
a given food additive, if that food additive is not registered in the
Korean Food Additive Code, or even if it is registered but usage in a
certain food product is not specified, use of that food additive in the
given food product is prohibited. This means that only food additives
registered in the Korean Food Additive Code are allowed for use in food
products, in accordance with the usage standards specified in the Food
Additive Code.

In 2005, KFDA posted the Food Additive Code on its English website. The
English website is very user friendly, provides names, usage standards,
specifications, etc. for all approved additives. To access the Korean
Food Additive Code in English, please follow the instructions below:

1\. Go to www.kfda.go.kr

2\. Click \"English\" on the top

3\. Click \"Korea Food Additive code\" on the bottom of the left hand
side column

4\. You should now have access to the English language database of the
Korean Food Additive Code

The office responsible for approving food additives in KFDA is as
follows:

**Food Additives Team**

Nutrition & Functional Food Headquarters

Korea Food & Drug Administration

\# 5 Nokbeon-dong, Eunpyung-ku

Seoul, Korea 122-704

Phone: 82-2-380-1687; Fax: 82-2-354-1399

# SECTION V. PESTICIDE AND OTHER CONTAMINANTS (ANTIBIOTICS AND GROWTH HORMONES)

Three government agencies -- the Korea Food & Drug Administration
(KFDA), the Ministry of Agriculture & Forestry (MAF) and the Ministry of
Environment (MOE) -- handle pesticide related matters.

KFDA is responsible for regulating pesticide residues in foodstuffs, in
accordance with the maximum residue levels (MRLs) set in the Food
Code**.** As of July 2006, KFDA has set MRLs for foods for 370
pesticides. The MRLs are listed under Chapter 3 in the Food Code. KFDA
used to provide the latest MRLs in English on its English website, but
this service has been discontinued due to website changes. We will
provide the website information when KFDA resumes the information in
English on its MRL standards.

If an MRL is established in the Food Code for a given agricultural
chemical, other tolerance levels, such as CODEX, etc., are not accepted.
However, for agricultural chemicals 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 agricultural chemical in question specified for similar
agricultural products shall apply to the agricultural product in which
the agricultural chemical is detected (a grouping of similar
agricultural products is provided in the Chapter 3 of the Korean Food
Code).

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

The Rural Development Administration (RDA) under MAF is responsible for
the registration of pesticides, safety usage standards and notification
of pesticides. All pesticides used in Korea should be registered with
RDA. To date, 1,297 agrochemical items are registered with RDA. A list
of registered agrochemicals can be obtained from the Korea Crop
Protection Agency (KCPA: [www.koreacpa.org](http://www.koreacpa.org/)).
KCPA also has an English publication titled "Pesticide Handbook" that
contains item names, trade names, and common names of registered
agrochemicals. The registration process can take years. For registration
data requirements, please contact the RDA office listed below:

**Registration Management Team**

Agricultural Resource Division

Research Management Bureau

Rural Development Administration

\# Suin-ro, 150^th^ (250th, Seodun-dong), Gwonseon-gu

Suwon, Gyunggido, Korea

Phone: 82-31-299-2601\~2

Fax: 82-31-299-2469

Registration procedures are as follows:

![](media/image2.png){width="5.625in" height="4.841666666666667in"}

Source: Korea Crop Protection Association

MOE is responsible for testing pesticide levels in water, soil and
agricultural products.

The Food Code also lists antibiotics and growth hormones approved for
meat products in Chapter 3 of the code. It provides a list of permitted
antibiotics and hormones and tolerance levels for each. The offices
responsible for pesticides and contaminants are as follows.

**Chemical Residues Team** **Food Contaminant Team**

Korea Food & Drug Administration Korea Food & Drug Administration
Division

\# 5 Nokbeon-dong, Eunpyung-ku \# 5 Nokbeon-dong, Eunpyung-ku

Seoul, Korea 122-704 Seoul, Korea 122-704

Phone: 82-2-380-1673\~5 Phone) 82-2-380-1669\~71

Fax: 82-2-380-1378 Fax: 82-2-380-1359

# SECTION VI. OTHER REGULATIONS AND REQUIREMENTS (CERTIFICATION)

***A. Sanitary and Phytosanitary Certification Requirements -- Animals,
Meat, Plant, etc.***

Sanitary and phytosanitary certificates issued by the exporting
country's inspection authority are required for live animals, plants and
meat products, such as beef, pork, poultry, etc. This requirement is in
accordance with the Livestock Epidemics Prevention & Control Act, the
Plant Protection Act, and the Livestock Processing Control Act.

For the United States, the U.S. Department of Agriculture (USDA), Animal
& Plant Health Inspection Service (APHIS), issues sanitary and
phytosanitary certificates for live animals and plants, while the USDA,
Food Safety & Inspection Service (FSIS), issues health certificates for
meat products. The USDA, Agricultural Marketing Service (AMS) is
responsible for the Beef Export Verification (BEV) program for the
export of beef products to Korea. As of this writing, imports of U.S.
beef into Korea are still banned.

Korea requires pre-approval of meat facilities, including slaughter
plants, processors, warehouses, etc., prior to the export of product to
the Korean market. Pre-approval is facilitated by registration with FSIS
and being listed in the FSIS Meat, Poultry Inspection Directory and
AMS's website under the BEV program. Further, it is advised that U.S.
companies wanting to export meat products to Korea first verify that the
supplying U.S. facilities are approved by Korea.

The "issuance date" of both health and phytosanitary certificates shall
be prior to the "on-board date" listed on the Bill of Lading. The
"inspection date" on a certificate must be prior to the departure date.
To prevent unnecessary delay at the port of entry, the certificate
"issuance date" should be prior to the departure date of shipments.

On December 23, 2003, in response to the finding of one positive case of
BSE in Washington State, involving an animal that had been imported from
Canada, Korea banned all ruminant animals and their products originating
from the United States. Korea has similar bans on all ruminant products
coming from 34 countries -- 30 European nations, Japan, Israel, Canada
and the United States. A total of 680 U.S. products have been banned due
to the BSE situation. Only dairy products, hides and skins, semen of
ruminant origin, fetal calf serum, porcine gelatin, porcine plasma
powder, pet food without any ruminant ingredient in retail packages,
tallow with an \"insoluble impurity\" of 0.15 percent or lower, and fish
meal produced in a facility dedicated for producing only fish meal can
be imported from approved plants. Korea has indicated its willingness to
allow imports of the following products. However, details on
certification, plant approval, etc., have yet to be completed. The
products are: 1) Gelatin and collagen originating from hides and skins
only;

2\) Dicalcium phosphates free of protein and fat; and, 3) Hydrolyzed
poultry protein for animal feed ingredients. Currently, the United
States is working with Korea to approve the U.S. system for ensuring the
safety of U.S. beef so that exports of deboned skeletal muscle meat from
cattle under 30 months of age can begin.

On February 7, 2004, Korea suspended import inspection of U.S. poultry
and poultry products, except for Specific Pathogen Free (SPF) hatching
eggs and cooked products that were processed (e.g. heat treated to kill
the virus), due to an Avian Influenza (AI) outbreak in Delaware. On
February 24, 2004, the suspension of the import inspection of U.S.
poultry products was dropped in favor of an outright ban on U.S. poultry
products due to a detection of Highly Pathogenic Avian Influenza (HPAI)
in Texas.

As of September 3, 2004, Korea removed the ban on imports of poultry,
pet birds, wild birds, ostriches, etc. However, a ban on fresh and
frozen poultry products, such as chicken meat, turkey meat, etc. was not
removed until April 14, 2005. Currently, all U.S. live poultry and
poultry meat products (both fresh and frozen) can be imported.

Current information on which U.S. livestock and poultry products are
eligible for export to the Korean market can be found on the website of
the USDA, FSIS at
[http://www.fsis.usda.gov/Regulations\_&\_Policies/Republic_of_Korea_Requirements/index.asp](../%20http://www.fsis.usda.gov/Regulations_&_Policies/Republic_of_Korea_Requirements/index.asp).
This website also provides guidance regarding what documents must
accompany livestock product shipments destined for Korea.

***B. StarLink Free Certification***

In December 2000, after KFDA detected StarLink protein in U.S. corn
shipments, imported food-grade corn and corn-based food products were
required to arrive with a StarLink-free certification issued by the
exporting country. For U.S. corn shipments, such certification should be
issued by the USDA, Grain Inspection, Packers, and Stockyards
Administration (GIPSA), or an accredited lab, to minimize potential
problems during inspection clearance. Regardless, the sales contract
must specify the terms for pre-shipment tests. For processed food
products containing corn as an ingredient, certification can be met with
a letter, statement, or certificate issued by the manufacturer or the
exporter stating the raw corn ingredient was \"StarLink-free.\" All U.S.
origin food grade corn and corn-based products must provide a
StarLink-free certification at port of entry.

***C. Bt 10 Free Certification***

On March 25, KFDA announced that unprocessed U.S. food corn shipments
loaded after March 25 must be tested and certified free from Bt10 and
Bt11 prior to export to Korea in response to the Bt 10 incident in the
United States. Later, KFDA changed its import measures pertaining to
U.S. food corn shipments with regard to Bt 10 as follows: Effective June
15, 2005, a Bt 10 free certificate issued by GeneScan is required for
U.S. food corn shipments (kernel corn). In addition to a Bt 10 free
certificate, Bt 10 testing is required for the first shipments of U.S.
origin food corn accompanied by a Bt 10 free certificate and will be
conducted for each discharging vessel. After passing Bt 10 testing,
subsequent shipments of the same product from the same supplier (and
from the same loading facilities) will be tested only when they become
subject to random inspection or, if necessary, during laboratory spot
inspection. A Bt 10 test certificate is required for subsequent
shipments although they are exempt from Bt 10 testing by KFDA. White
corn, sweet corn, waxy corn, and popcorn are exempt from all Bt 10
related requirements.

# SECTION VII. OTHER SPECIFIC STANDARDS (GMO SAFETY EVALUATIONS & ADVERTISEMENT)

Genetically Modified Organisms (GMOs) caught the public's attention and
in particular, that of Korean consumer groups during the second half of
1998. On August 20, 1999, KFDA issued its guideline on the safety
evaluation of genetically modified food products and food additives.
This guideline, which established safety evaluation requirements and
procedures for the approval of recombinant foods and food additives, in
accordance with Article 4, Paragraph 2 of the Food Sanitation Act, was
revised September 1, 2003. The revision mandates safety evaluations.
Thus, foods and food additives developed through recombinant DNA
techniques may be distributed commercially only after the KFDA
Commissioner confirms that such foods and food additives pose no health
risk to humans. On February 27, 2004, KFDA began to require mandatory
safety evaluations for soybeans, corn, and potatoes and for all other
biotech crops. In accordance with the KFDA guideline and the Food
Sanitation Act, any product containing biotech ingredients that have not
completed the safety evaluation cannot be sold in Korea. To date, 46
U.S. crops -- roundup ready soybeans, 23 corn events, 11 cotton events,
six canola events, four potato events, and one sugar beet event -- have
passed KFDA's safety evaluations conducted according to this guideline.

On May 4, 2001, MAF released the draft guidelines for environmental risk
assessments (ERAs) of biotech crops used for food, feed and seed. MAF
finalized guidelines on January 9, 2002, to operate environmental risk
assessments of biotech crops on a voluntary basis. To date, 27
applications for environmental risk assessments have been submitted, and
assessments of 18 of the 27 events (one soybean event, nine corn events,
five cotton events, and three canola events) have been completed. ERAs
for all LMOs, including LMOs for food, feed, and processing (FFP) and
seed, will become mandatory when MOCIE's LMO Act goes into effect, which
is expected to happen sometime in 2007. U.S. biotech developers are
strongly encouraged to submit application for ERAs to the Rural
Development Administration (RDA) of MAF as soon as possible to avoid any
trade disruption when the ERAs becomes mandatory.

MAF is also working to prepare a guideline for safety assessments of
feed enhanced though biotechnology. No specific plan has been announced,
but MAF must first revise its Feed Management Act, which currently does
not require safety assessments for animal feed.

For details about Korea's regulations and situation pertinent to
biotechnology, please refer to Attaché report KS 6074.

On March 5, 2002, the Korean Fair Trade Commission (FTC) announced new
advertisement requirements for food containing a biotech-enhanced
ingredient effective July 1, 2002. The FTC, in its revision of the
\"Notification of Principle Information on Labeling & Advertisement\"
guideline, defines the \"presence\" of a biotech component as principal
information that must be provided in an advertisement for any food
product that MAF or KFDA requires to be labeled as biotech-enhanced
foods. According to FTC's advertisement notification rules, anyone who
manufactures or sells biotech-enhanced foods, and advertises such
products in one of the identified forms below, needs to indicate the
presence of the biotech component:

1\. Newspapers or magazines;

2\. T.V. commercials (when its running time is greater than two
minutes); and,

3\. Cable T.V. commercials.

The pertinent indication must be made as follows:

1\. \"Contains biotech-enhanced food\" when the presence of a
biotech-enhanced component is certain;

2\. \"May contain biotech-enhanced food\" when the presence of a
biotech-enhanced component is uncertain.

# SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS 

The Korea Industrial Property Office is responsible for registration of
trademarks and for review of petitions related to trademark
registration. In accordance with the Trademark Law, the trademark
registration system in Korea is based on a "first-to-file" principle. A
person who registers a trademark first has a preferential right to that
trademark and Korean law protects the person who has the right over the
trademark. To prevent trademark disputes, U.S. companies considering
conducting business in Korea are encouraged to register their trademarks
prior to beginning their business operations.

# SECTION IX. IMPORT PROCEDURES

The Korea Customs Service (KCS), KFDA, the National Quarantine Office
(for ports that do not have KFDA regional offices), the National
Veterinary Research & Quarantine Service, and the National Plant
Quarantine Service are the agencies involved in the import clearance
process. Imports of agricultural products generally must receive
clearance from several agencies and are, thus, more likely to encounter
port delays than other imported products. Delays can be costly due to
the perishable nature of many agricultural products. In addition, other
entities may be involved in regulating imports through the
administration of licenses or, in some cases, quotas for agricultural
products. KCS is responsible for ensuring that all necessary
documentation is in place before the product is released from the bonded
area. KCS operates the Electronic Data Interchange (EDI) system, and
KFDA operates the imported food network system through its regional and
national quarantine offices. The KFDA network system is connected to the
EDI system, which permits KFDA inspection results to be transmitted more
quickly, thus shortening KCS clearance time. The respective quarantine
inspection authorities must clear products subject to plant or animal
quarantine inspection before KCS will clear them.

**KCS Import Clearance Procedures**

  -----------------------------------------------------------------------
  Flow Chart of Import Clearance Procedures

  ![](media/image3.png){width="4.479166666666667in"
  height="4.364583333333333in"}
  -----------------------------------------------------------------------

Source: Korea Customs Service

**Korea Food & Drug Administration (KFDA) Import Procedures**

![](media/image4.wmf)

Source: Korea Food & Drug Administration

KFDA Inspection Duration

  ----------------------------------- -----------------------------------
  Document Inspection                 2 days

  Visual Inspection                   3 days

  Laboratory Inspection               10 days

  Incubation Test                     14 days

  Random Inspection                   5 days
  ----------------------------------- -----------------------------------

1\. The importer or the importer's representative submits the "Import
Declaration for Food, etc."

2\. The type of inspection to be conducted is determined in accordance
with the guidelines for inspection of imported food products. The types
of inspection that a given food product may be subject to include:
document inspection, organoleptic inspection, laboratory inspection, and
random sampling examination.

3\. If a product is subject to organoleptic inspection, laboratory
inspection and random sampling examination, the KFDA inspector will
conduct a field examination and take samples for the laboratory test.

4\. KFDA conducts the conformity assessment from the information
collected, using such items as test results, document inspection
results, etc.

5\. If a product complies with the Korean standards, KFDA issues a
certificate for import. An importer can clear products with the KFDA
import certificate.

6\. If a product does not comply with the Korean standards, KFDA will
notify the applicant and the regional customs office about the nature of
the violation. The importer decides whether to destroy the product,
return the shipment to the exporting country, or use it for non-edible
purposes. If a minor violation can be corrected, as with labels, the
importer can reapply for inspection after making the corrections.

For perishable agricultural products, such as fresh vegetable, fruits,
etc., an importer can clear the products prior to completion of the
laboratory test with a pre-certification authorization from KFDA. In
this case, however, the importer needs to be able to track distribution
of the given product so the products can be recalled should the
laboratory test indicate a violation.

If products are subject to animal quarantine inspection or plant
quarantine inspection, in addition to food inspection by KFDA, the
animal quarantine certificate or plant quarantine certificate issued by
the National Veterinary Research & Quarantine Service (NVRQS) or the
National Plant Quarantine Service (NPQS) is required for product
clearance, in addition to the KFDA certificate. Inspection by NPQS or
NVRQS can take place simultaneously with the KFDA inspection. NVRQS and
NPQS quarantine inspection procedures are as follows:

**NVRQS Quarantine Inspection Procedures**

####### Quarantine of Imported Animals and Animal Products

  -----------------------------------------------------------------------
  ![](media/image5.png){width="5.903472222222222in"
  height="5.780555555555556in"}

  -----------------------------------------------------------------------

Source: National Veterinary Research & Quarantine Service

[Sanitary Inspection of Imported Animal Products]{.underline}

+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
| ![](media/image6.png){width="5.90625in" height="5.375in"}             |
|                                                                       |
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+

Source: National Veterinary Research & Quarantine Service

NVRQS Inspection Duration:

  ----------------------------------- -----------------------------------
  Document Inspection                 3 days

  Visual Inspection                   5 days

  Laboratory Inspection               18 days

  Incubation Test                     18 days
  ----------------------------------- -----------------------------------

NPQS Quarantine Inspection Procedures

![](media/image7.jpeg){width="5.456944444444445in"
height="7.9319444444444445in"}

Source: National Plant Quarantine Service

Duration of NPQS inspection is usually completed within 10 days unless
items are subject to further testing.

On May 15, 2000, KFDA issued a revision to the Guideline for Inspection
of Imported Food Products adding a clause setting limits on the minimum
amount of the initial commercial shipment that it would inspect
directly. When the quantity of the imported food is less than 100 kg,
the imported food will be inspected by a KFDA-recognized inspection
organization -- other than the regional KFDA office or National
Quarantine Services. Importers will be responsible for charges
associated with import inspection. Detailed information is available
from the KFDA's website: [http://www.kfda.go.kr.]{.underline}

On August 18, 2003, MHW issued a revision of the Ministerial Ordinance
of the Food Sanitation Act that required laboratory testing for
agricultural products every year and for processed products every three
years, notified to the WTO under SPS 123. In response to concerns
expressed by several WTO members including the United States, the Korean
government reduced the number of chemicals to be tested for and lowered
the testing fee on May 21, 2004. On July 27, 2005, MHW announced the
revision of the Ministerial Ordinance to the Food Sanitation Act to
address WTO members' concern with regard to SPS 123. The revision
included changes to Korea's import inspection procedures for
agricultural and processed food products, returning to practices in
place before Korea's January 2003 notification that imposed stricter
import procedures notified as SPS 123.

In addition, on August 5, 2005, KFDA announced a revision of the Import
Inspection Guidelines. The revision lists agriculture and food products
that are exempt from mandatory laboratory testing on the grounds that
the listed products have not had any violations for the past five years.
Food products with no record of violations resulting from past lab
tests, and recognized by the KFDA Commissioner as safe, became subject
to a document inspection only. The U.S. origin products covered under
the regulations include: oranges, lemons, wheat, cherries, grapefruit,
table grapes, frozen cod, frozen cod roe, frozen and chilled monkfish,
biscuits, roasted coffee, and vegetable cream. The revisions also
reduced the fees for chemical residue testing for agricultural products
from about \$2,000 to \$500.

# SECTION X. APPENDIX

## APPENDIX I -- PRIMARY KOREAN FOOD AGENCIES

a\. Ministry of Health & Welfare: [http://www.mohw.go.kr]{.underline}

b\. Ministry of Agriculture & Forestry:
[http://www.maf.go.kr]{.underline}

c\. Ministry of Maritime Affairs & Fisheries:
[http://www.momaf.go.kr]{.underline}

d\. Ministry of Environment: [http://www.me.go.kr](http://www.me.go.kr/)

e\. Ministry of Commerce, Industry and Energy:
[http://www.mocie.go.kr]{.underline}

f\. Korea Food & Drug Administration:
[http://www.kfda.go.kr]{.underline}

g\. National Veterinary Research & Quarantine Service:
[http://www.nvrqs.go.kr]{.underline}

h\. National Plant Quarantine Service:
[http://www.npqs.go.kr]{.underline}

i\. Rural Development Administration: [http://www.rda.go.kr]{.underline}

j\. National Agricultural Product Quality Management Service:
[http://www.naqs.go.kr]{.underline}

k\. National Agricultural Cooperative Federation:
[http://www.nacf.co.kr]{.underline}

l\. Agriculture & Fishery Marketing Corporation:
[http://www.afmc.co.kr]{.underline}

m\. Korea Forestry Administration: [http://www.foa.go.kr]{.underline}

n\. Korea Rural Economic Institute: [http://www.krei.re.kr]{.underline}

o\. Korea Industrial Property Office:
[http://www.kipo.go.kr]{.underline}

p\. Korea Health Industry Development Institute:
[http://www.khidi.or.kr](http://www.khidi.or.kr/)

q\. Korea Bio-safety Clearing House:
[http://www.biosafety.or.kr](http://www.biosafety.or.kr/)

r\. Korea Customs Service: <http://www.customs.go.kr/>

## APPENDIX II -- WORLD TRADE ORGANIZATION (WTO) Enquiry Point

Names of the SPS Enquiry Point are as follows;

**[Animal or plant health or zoonosis (including aquatic
animals)]{.underline}**

Bilateral Cooperation Division

International Agriculture Bureau

Ministry of Agriculture & Forestry

\# 1 Choongang‑dong, Kwacheon City

Kyunggi‑do, Korea 427‑760

Phone: 82‑2‑500‑1726 or 1727; Fax: 82‑2‑504‑6659

**[Food Safety]{.underline}**

Trade Affairs Team

Ministry of Health & Welfare

\# 1 Choongang‑dong, Kwacheon City

Kyunggi‑do, Korea 427‑760

Phone: 82‑2‑ 2110-6006-6007; Fax: 82‑2‑504‑ 3981

International Trade & Cooperation Team

Korea Food & Drug Administration

\# 5 Nokbeon-dong, Eunpyung-ku

Seoul, Korea 122-704

Phone: 82-2-380-1661 or 1662; Fax: 82-2-356-2893

E-mail: wtokfda@kfda.go.kr

**[Aquatic Animal Health and Sanitation]{.underline}**

Trade Promotion Division

International Cooperation Bureau

Ministry of Maritime Affairs & Fisheries

\# 139 Choongjungro 3-ga, Seodaemun-ku

Seoul, Korea 120-715

Phone: 82‑2‑3674‑6840/5; Fax: 82‑2‑3674‑6844

## APPENDIX III -- LIST OF AVAILABLE REGULATIONS

The following regulations are available either in English or Korean from
the Agricultural Affairs Office in Seoul. Contact information is:

**Agricultural Affairs Office**

**U.S. Embassy**

**Seoul, Korea**

Local address: U.S. address:

\# 32 Sejongro, Jongro-ku US Embassy, Seoul

Seoul, Korea Unit 15550 -- AGR

Tel: 82-2-397-4297 APO, AP 96205-5550

Fax: 82-2-738-7147

E-mail: agseoul@usda.gov

1\. Food Sanitation Act

2\. Presidential Decree to the Food Sanitation Act

3\. Ministerial Ordinance to the Food Sanitation Act

4\. Labeling Standards for Food et al.

5\. Korean Food Code

6\. Korean Food Additive Code

7\. Livestock Processing Control Act

8\. Presidential Decree to the Livestock Processing Control Act

9\. Ministerial Ordinance to the Livestock Processing Control Act

10\. Livestock Code

11\. Labeling Standards for Livestock Products

12\. Agricultural Products Quality Control Act

13\. Country of Origin Regulations

14\. Sustainable Agriculture Promotion Act

15\. Presidential Decree to the Sustainable Agriculture Promotion Act

16\. Ministerial Ordinance to the Sustainable Agriculture Promotion Act

17\. Guidelines for Safety Assessment of Food & Food Additives Developed
Through

Recombinant DNA techniques

18\. Guidelines for Risk Assessment of Biotech Crops for Environmental
Release

19\. Guidelines for Labeling Standards for Non-Processed GMO Products

20\. Guidelines for Labeling Standards for Processed Food Products
Containing GM Ingredients

21\. LMO Act and its Presidential Decree and Ministerial Ordinance

22\. Regulations on Imported Health/Functional Food Notification &
Inspection Procedures

23\. Labeling Standards for Health/Functional Food

24\. Regulations on recognition of standards and specifications for
health/functional foods.

The Korea Food & Drug Administration (KFDA) also provides English
translations for some food-related regulations on its English website.
Please go to [www.kfda.go.kr](http://www.kfda.go.kr/). Once the front
page of the KFDA's website is open, click "English" at the top. Then,
click "Relevant Rule" at the left. Finally, a list of regulations
available in English is provided.

## APPENDIX IV -- STANDARDS FOR PACKAGING, CONTAINER OR EQUIPMENT FOR FOOD PRODUCTS

Standards for packaging, container, or equipment for food products are
found in the Korean Food Code. This regulation is available in Korean as
part of the Korean Food Code mentioned above.

## APPENDIX V - U.S. LABORATORIES ACCREDITED BY THE KOREAN GOVERNMENT (KFDA)

KFDA operates a program that recognizes foreign laboratories as official
testing laboratories. This program aims to enhance the efficiency of
conducting inspection of imported foods. KFDA authorizes foreign
laboratories and recognizes inspection certificates or certificates of
laboratory test results issued by these authorized laboratories. As of
now, there are two U.S. laboratories that have been authorized by KFDA.
They are:

**1. [Oregon Department of Agriculture's Export Service
Center]{.underline}**

The Oregon Department of Agriculture's Export Service Center (ESC) is a
one-stop technical assistance center for U.S. food manufacturers and
exporters. It is designed to reduce obstacles for exporting products.
The ESC has been certified by the Korean Food & Drug Administration to
do food-related testing, such as residue and microbiological testing on
food and beverages and food package testing, for products bound for
Korea. A certificate of inspection from this lab usually expedites
clearance inspections at Korean Customs. The ESC offers a range of
technical services, including product evaluation and certification. It
will evaluate products for foreign country requirements and issue a
certificate that minimizes the chances of product rejection. For more
information on the services which the Export Service Center provides
contact:

**Oregon Department of Agriculture**

**Export Service Center**

1200 N.W. Naito Parkway, Suite 204

Portland, Oregon 97209-2835

Tel: 503-872-6644; Fax: 503-872-6615

E-mail: esc-food@oda.state.or.us

**2. [Omic USA]{.underline}** **[Inc.]{.underline}**

Omic USA is the second U.S. laboratory to be recognized by the Korea
Food & Drug Administration as an official foreign testing laboratory.
OMIC USA has been certified to conduct testing on agricultural products,
processed food products including health functional food, which are
bound for Korea. The contact information follows:

**Omic USA Inc.**

Mr. Ryuichi Kurosawa, President

1200 N.W. Naito Parkway

Portland, Oregon 97209

Tel: 503-224-5929; Fax: 503-223-9436