1 
 
 
 
 
 
Proposed Act on the Revisions  to the 
‘Labelling  Standard  for G enetically Modified 
Organisms ’ 
 
 
 
 
 
 
 
October 2008  
 
 
 
 
 
 
 
 
 
 
 
 
Korea Food and Drug Administration   2  
Korea Food and Drug Administration  
Public Announcement  No. 2008 -193  
 
    The Korea Foo d and Drug Administration is proposing revision s to the 
‘Labelling  Standard for G enetically Modified Organisms ’. Thereupon, announcing 
as follow s in accordance with Articles 41 and 46 of  the ‘Administrative Procedures 
Act’, in order to notify citizens the intent of the revisions , reason for the revisions  
and the key elements of the proposed Act beforehand and to collect public opinion s. 
 
 
                                                                                                                        
7 October  2008  
  
                                                                                                                                                                                   
Commissio ner,                                                                                                                                               
Korea Food and Drug Administration  
 
 
 
Proposed Act on the Revisions  to the  
Labelling  Standard for G eneticall y Modified Food  
 
 
 
1. Reason for the revisions  
 
o The reason for revisions is t o broaden the labelling  scope of genetically 
modified organisms  for consumers’ right to know.  The scope shall be 
extended to i tems that were approved to  be import ed or develop ed or 
produce d for human consumption after pass ing through s afety assessment, 
or foods that manufacture rs, process ors, produce rs, pack ers or import ers of 
such item s are selling or import, store, transport or display for the purpose 
of selling.  
 
2. Key Element s  
 
o Clarif y the basis of labelling  for food, food additives and health functional 
food (Article 1).  
o Clarif y the definition of genetically modified organisms  based on the ‘Food 
Sanitation Act’, ‘Health Functional Food Act ’ and ‘ Liquor Tax Act’ (Article 
2 Paragraph 1), and remove ma in ingredients  (Article 2 Paragraph 4).   3 o Extend  the scope of items that are subject ed to be label led as  genetically 
modified organisms  from some foods to all food, food additives, health 
functional food and liquor (Article 3).  
o Recla ssify persons responsible for labelling  based on the ‘Food Sanitation 
Act’, ‘ Health Functional Food Act ’ and ‘ Liquor Tax Act’ (Article 4). 
o Classif y labelling  methods for genetically modified organisms (Article 5 
Paragraph 1) . Establish the basis to label  GMO-free (Article 5 Paragraph 2). 
Enact a provision  that food s which  are manufactured or produced  using 
agricultural, livestock or fishery products that are not on the list of  approved 
items as raw material, or foods which are manufactured or produced from 
such product s as ingredients shall not be labelled  as GMO -free in order to 
prevent the possibility of consumers ’ confusi ng with intentional use of 
GMO -free labelling  (Article 5 Paragraph 3) . 
 
3. Enforcement date  
 
This proposed Act shall take effect on the date of announcement . 
 
4. Presenting written opinion  
 
  Any group  or individuals who have opinion(s) about the Proposed Act on the 
Revisions to ‘Labelling  Standard for Genetically Modified Organisms ’ 
(Attachment) are welcome to present written opinion to the commissioner of Korea 
Food and Drug Administration (Address: 194 Tongilro, Eunpyeong -gu, Seoul  (Postal 
Code: 122-704), CC: Bio Food team  Phone 02 -380-1331~3, Fax 02 -358-2157) by 
December 5th, 2008 . The written opinion should contain followings:  
 
A. Opinion  about the propos ed Act  (Whether you are for or against it, and the 
reasoning)  
B. Your name (For group s, the name of the group  and name of the 
representative), address and phone number  
C. Other references  
 
 
 
Attachment: Proposed Act on the Revisions to Labelling  Standard for Genetically 
Modified Organisms   4  
Proposed Act on the Revisions to  the  
Labelling  Standard for G enetically Modified Organisms  
 
The Korea Food and Drug Administration is revising labelling  standard for genetically 
modified organisms  as follow s. 
 
Article 1  (Purpose) This propos ed Act  is intended to provide consumers with proper 
information about the foods they consume  by en acting provisions for labelling  genetically 
modified organism s. The revised standard  shall be applied to food or food additiv es in 
accordance with the proviso  in Article 1 0 Paragraph 1  of the ‘Food Sanitation Act’ 
(referred as “Act” hereinafter), health functional food s in accordance with Article 17 
Paragraph 1 Sub -paragraph 6 of the ‘Health Functional Food Act’, and liquor s in 
accordance with Article 7 of the ‘Enforcement Regulation of the Liquor Tax Act’ . 
 
Article 2  (Defin itions of terms) The definition s of terms that are used in this propos ed Act 
are as follows.  
 
1. “Genetically Modified Organisms ” indicate s agricultural, livesto ck and fishery 
food products that are produced  or reared with recombinant DNA techniques , 
which take only useful genes from an organism and recombine them into genes of  
another organism . It also indicates  food or food additives  (Including health 
functiona l food and liquor. The same shall apply hereinafter) that  manufacture rs, 
process ors, produce rs, pack ers or import ers of  above mentioned products  are 
selling or import, store, transport or display for the purpose of selling .  
 
2. “Non-Genetically Modified Orga nisms  (GMO -Free)” indicates product that is 
manufactured or produced without using ‘genetically modified organisms’.  
 
3. “Ingredients ” indicate s substances that are used to manufacture or  process or cook 
food or food additives, exc ept purified water, and are contained in the final 
product s.  
 
4. “Main surface” indicates a side of container or package that has a trademark or 
logo of the product printed on it, and normally is shown to consumers when they 
purchase food or food additives.  
 
Article 3  (Subject to label ling) Foods  subject to labelling  are those that we re approved to 
be import ed or develop ed or produce d for human consumption after pass ing through 
safety assessment  pursuant to Article 15 of the Act , or genetically modified foods that 
manufacture rs, process ors, produce rs, pack ers or import ers of  such  food product s are 
selling or import, store, transport or display  for the purpose of selling . However, 
agricultural products  which contain  a lower GMO rate than defined  in Article 3 paragraph 3 of 
‘Methods to ind icate genetically modified agricultural products (Issued by the Ministry for 
Food, Agriculture, Forestry and Fisheries)’  or food or food additives that are  5 manufactured  or produced from such agricultural products are not  legally  required to  be labelled  
as genetically modified organisms.  
 
Article 4  (Persons responsible for labelling ) Businesses subject to labelling  genetically 
modified organisms  are as per paragraphs below.  
 
1. Food manufacturers and processors, manufacturers and processors  of foods for 
immedia te sale , food additives manufacturers, food packers, food distribut ion 
retaile rs or food import ing retailers  in accordance with Article 7 of the 
‘Enforcement Decree  of Food Sanitation  Act’. 
 
2. Health functional food manufacturers, importers or distribution r etailers  in 
accordance with Article 2 of the ‘Enforcement Decree  of Health Functional Food 
Act’.  
 
3. Licensed liquor manufacturers in accordance with Article 6 of the ‘Liquor Tax 
Act’, and licensed liquor importers and exporters in accordance with Article 8 o f 
the ‘Liquor Tax Act’  and Article 9 Paragraph 2  Sub-paragraph 4 of the 
‘Enforcement Decree  of Liquor Tax Act’.  
 
Article 5  (Labelling  methods)   Labelling  methods for genetically modified organisms 
subject to labelling  pursuant to Article 3 are as below.  
 
1. Genetically modified organisms  shall be labelled  in letters that are greater than 10  
point and  the colour  shall be  distinguishable from the bac kground of the 
corresponding product’s container or package  with indelible ink, imprint or stamp  
for consumers to easily recognize.  
 
2. Genetically modified organism s shall be displaye d on the corresponding product 
for consumers to easily recognize  as each of  the following . 
 
a. On the main surface, the words “Genetically modified organisms ” or 
“Genetically modified  was used ” shall be d isplay ed in conjunction with 
the name of the food . 
 
b. The words “Genetically modified” shall be displayed  in parenthes es after 
the name of the ingredient  that was used for the genetically modified food . 
 
    “Non-genetically modified organisms  (GMO -Free)” can be emphasized as below 
applying the method in  -1. 
 
1. Display  the words  “Non-genetically modified organisms  (GMO -Free)” on the main 
surface.  
 
2. Display  the words “GMO -Free” in parenthes es after the name of the ingredient 
that was used for the product.  
  6 3. Food or food additives which have no remaining modified genes after 
manufacture or produc tion, and therefore are unable to be inspect ed, are excluded.  
 
  Food  that w as manufactured or produced using an agricultural , livestock or fishery 
product that is not on the list of subject s for safety assessment complying  with Article 15 
of the Act  as raw materials , or food that w as subsequently  manufactured or produced from 
such product shall not be d isplay ed with emphasis o n “GMO -Free food” as desc ribed in  
 . 
 
Article 6  (Exceptions  in applying the label s) In the case which corresponds to one of 
subparagraphs below, labelling  would be done as follows regardless of the provisions in 
Article 5.  
 
1. In the case that food manufacturer s or processor s of food for imme diate  sale are 
display ing and sell ing genetically modified food s that w ere manufactured  or 
processed by themselves , indication of each product can be omitted when they are 
displaying the relevant facts of genetically modified organism s on the showcase  
or on a separate signpo st. 
 
2. In the case of selling tofu or similar products  in a portable sanitized container , 
indication of each product can be omitted when they are displaying the relevant 
facts of genetically modified organisms on the container or on a sepa rate signpost.  
 
3. When it is not possible to print the facts of genetically modified organisms  with 
ink, imprint or stamp due to the  specific character istics  of the package, and for 
imported food and food additives , stickers that would not fall off can be affixed  to 
the package . 
 
 
Bylaws  
 
Article 1  (Enforcement  date ) This proposed Act shall take effect on the date of announcement.  
However for those among the foods subject to labelling  which are designat ed in Article 3, 
if they were  manufactured or produced with genetically modified agricultural, livestock 
or fishery products as ingredients and do not have remaining  genes , this proposed Act  
will take effect three years after the date of enforcement.  
 
Article 2  (Transitional  measures for the labelling  standard f or genetically modified 
foods)  If persons who  were licensed or registered for the business at the time this 
proposed Act came into effect , the previous ‘ Labelling  Standard for Genetically Modified 
Foods’ shall be applied until December 31, 2009  to genetica lly modified foods they 
manufacture, process, produce, import and sell . 
 
 
 
  7 Comparison Table of New  and Old Provisions  
 
 
Current Provisions  Proposed Provisions  
Article 1  (Purpose) This Act is intended to 
provide consumers with proper information 
about the  foods they consume  by enacting 
provisions for labelling  genetically 
modified organism s and similar materials  
in accordance with the proviso  in Article 
10 Paragraph 1 of ‘ Food Sanitation Act’ . 
 
 
 
 
 
 
 
 
 
 
 
Article 2  (Definitions of terms) The 
definitions of terms that are used in this Act 
are as follows.  
 
1.   “Genetically Modified Food” indicates 
food (Including health functional food. The 
same shall apply hereinafter) or  food 
additives that were manufactured or 
processed using  agricultural, livestock and 
fishery food products  that were produced or 
reared with recombinant DNA techniques.  
 
 
 
 
 
 
 
<Added>                                                                 
 
 
2.   “Ingredients” indicate s substances that 
are used to manufacture or process or cook 
food or food additives, except purified 
water, and are contained in the final Article 1  (Purpose) This proposed Act  is 
intended to provide consumers with proper 
information about the foods they consume  
by enacting provisions for labelling  
genetically modified organisms. The 
revised standard shall be applied to food or 
food additives in accordance with th e 
proviso  in Article 10 Paragraph 1 of the 
‘Food Sanitation Act’ ( referred as “Act” 
hereinafter), health functional foods in 
accordance with Article 17 Paragraph 1 
Sub-paragraph 6 of the ‘Health Functional 
Food Act’, and liquors in accordance with 
Article 7 of the ‘Enforcement Regulation of 
the Liquor Tax Act’ . 
 
Article 2  (Definitions of terms) The 
definitions of terms that are used in this 
proposed Act are as follows.  
 
1.   “Genetically Modified Organisms” 
indicates agricultural, livestock and fishery 
food  products that are produced or reared 
with recombinant DNA techniques, which 
take only useful genes from an organism 
and recombine them into genes of another 
organism. It also indicates food or food 
additives (Including health functional food 
and liquor. T he same shall apply 
hereinafter) that manufacturers, processors, 
producers, packers or importers of the 
above mentioned products are selling or 
import, store, transport or d isplay for the 
purpose of selling.  
 
2. “Non-Genetically Modified Organisms 
(GMO -Free)” indicates product that is 
manufactured or produced without using 
‘genetically modified organisms’.  
3.  (The same as current Paragraph 2)  
 
  8 product.  
 
3.   “Main surface” indicates a side of 
container or package that has a trademark 
or logo of the product printed on it, and 
normally is shown to consumers when they 
purcha se food or food additives.  
 
4. “Main ingredient s” indicates 5 most used 
ingredients to manufacture or process food 
or food additives.   
 
Article 3  (Subject to labelling ) Foods or 
food additives (including imported food or 
food additives. The same shall appl y 
hereinafter) subject to labelling  are foods 
that come under any one of sub -paragraphs 
below. The foods and food additives should 
be manufactured or processed using one or 
more of items that approved to import or 
produce f or human consumption after 
passin g through safety assessment pursuant 
to Article 15 of the Act as the main 
ingredients, and still have recombinant 
DNA or the resulting protein even after 
manufactured or processed , Classification 
of foods subject to labelling  are by the food 
standard pursu ant to Article 7 of the Act 
and health functional food standard 
pursuant to Article 14 of the Health 
Functional Food Act.  
 
1. Soybean flour in processed soybean 
products group in general nonstandard 
processed foods  
2. Corn flour in processed grain products  
group in general nonstandard processed 
foods  
3. Processed soybean products that contain 
soybean or soybean flour in nonstandard 
general processed foods.  
4. Processed grain products that contain 
corn or corn flour in nonstandard general 
processed foods.  
5. Canned, bottled and retort -pouched 
soybean in preserved foods.   
 
 
4.  (The same as current Paragraph 3)  
 
 
 
 
 
<Rescinded, 2008>  
 
 
Article 3  (Subject to labelling ) Foods 
subject to labelling  are those that were 
approved to be import ed or develop ed or 
produce d for human consumption after 
passing through safety assessment pursuant 
to Article 15 of the Act, or genetically 
modified foods that manufacturers, 
processors, producers, pack ers or importers 
of such food products are selling or import, 
store, transport or displ ay for the purpose 
of selling . However, agricultural products 
which contain  a lower GMO rate than defined  in 
Article 3 paragraph 3 of ‘Methods to 
indicate genetically mo dified agricultural 
products (Issued by the Ministry for Food, 
Agriculture, Forestry and Fisheries)’ or 
food or food additives that are 
manufactured or produced from such 
agricultural products are not legally required to 
be labelled  as genetically modified  
organisms.  
 
 
 
 
 
 
 
 
 
 
 
 
 
  9 6. Canned, bottled and retort -pouched corn 
in preserved foods.  
7. Cookies in confectionery group.  
8. Breads or rice cakes.  
9. Regular tofu, whole tofu, tofu skin 
(yuba), processed tofu in so ybean curd 
group or jelly group.  
10. Soybean milk in beverages group.  
11. Infant formulas in special use foods.  
12. Growing children’s formulas in special 
use foods.  
13. Cereal formulas for infant/baby in 
special use foods.  
14. Other infant and baby foods in special 
use foods.  
15. Foods for special dietary uses in special 
use foods.  
16. Diet formulas in special use foods.  
17. Cereal formulas for pregnant women 
and nursing mothers in special use foods.  
18. Fermented soybeans in paste group.  
19. Traditional s oybean paste, soybean 
paste, flavoured  soybean paste in paste 
group.  
20. Hot pepper paste, flavoured  hot pepper 
paste in paste group.  
21. Cheonggukjang in paste group.  
22. Mixed paste in paste group.  
23. Hard -boiled foods.  
24. Cornstarch in starch group in  other 
foods group.  
25. Processed corn product for popcorn in 
other foods group.  
26. Dietary supplemental products in other 
foods group.  
27. Other foods that use soybean , corn, 
cotton seed, canola, sugar beet (including 
bean sprouts and alfalfa ) as a main 
ingredient.  
28. Foods containing food of items 1 to 27 as a 
main ingredient.  
 
 
 
Article 4  (Persons responsible for 
labelling ) Food manufacturers and  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 4  (Persons responsible for 
labelling ) Businesses subject to labelling   10 processors, food manufacturers and 
processors of food for immediate sale , food 
additives manufacturers, food  packers, food 
distribution retailers or food importing 
retailers in accordance with Article 7 of the 
‘Enforcement Decree  of Food Sanitation 
Act’ and Health functional food 
manufacturers, importers or distribution 
retailers  in accordance with Article 2 of the 
‘Enforcement Decree of Health Functional 
Food Act’ are responsible for labelling  
genetically modified organisms and similar 
materials . 
 
<Added>                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 5  (Labelling  methods) Labelling  
methods for genetically modified 
organisms  and similar materials  are as 
below.  
 
1. Genetically modified organisms  and 
similar materials  shall be labelled  in letters 
that are greater than 10 point and the colour  
shall be distinguishable from the genetically modified organisms are as per 
paragraphs below.  
 
 
 
 
 
 
 
 
 
 
 
 
1. Food manufacturers and processors , 
manufacturers and processors of foods for 
immediate sale , food additives 
manufacturers, food packers, food 
distribution retailers or food importing 
retailers in accordance with Article 7 of the 
‘Enforcement Ordinance of Food 
Sanitation Act’.  
 
2. Health f unctional food manufacturers, 
importers or distribution retailers  in 
accordance with Article 2 of the 
‘Enforcement Decree  of Health Functional 
Food Act’.  
 
3.  Licensed liquor manufacturers in 
accordance with Article 6 of the ‘Liquor 
Tax Act’, and licensed liquor importers and 
exporters in accordance with Article 8 of 
the ‘Liquor Tax Act’  and Article 9 
Paragraph 2 Sub -paragraph 4 of the 
‘Enforcement Decree of Liquor Tax Act’.  
 
Article 5  (Labelling  methods)  Labelling  
methods for genetically modified 
organism s subject to labelling  pursuant to 
Article 3 are as below.  
 
 1. Genetically modified food ----------------
----------------------------------------------------
----------------------------------------------------
---------------------------------------------- ------ 11 background of the corresponding product’s 
container or package  with indelible ink, 
imprint or stamp for consumers to easily 
recognize.  
 
2. Genetically modified organisms  and 
similar materials  shall be display ed on the 
main surface of corresponding  product for 
consumers to easily recognize as 
“Genetically modified organisms “or 
“Genetically modified  was used” , and 
shall be displayed as “Genetically 
modified” or  “Genetically modified ” in 
parent heses after the name of the ingredient 
of the tran sgenic agricultural product.  
 
 
 
 
 
 
 
<Added>                                          
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
<Added>                                                       
 
 
 
 
 ----------------------------------------------------
----------------------------------------------------
---------------------------------------------- . 
 
 
 2. Genetically modified organisms shall be 
displayed on the corresponding product for 
consumers to easily recognize  as each of 
the following.  
 
a. On the main surface, the words 
“Genetically modified organisms” or 
“Genetically modified  was used” 
shall be displayed in conjunction with 
the name of the food . 
 
 
b.The words “Genetically m odifie d” 
shall be displayed in parenthes es after 
the name of the ingredient that was used 
for the genetically modified food.  
 
    “Non -genetically modified organisms  
(GMO -Free)” can be emphasized as below 
applying the method in  -1. 
 
1. Display  the words “Non-genetically 
modified organisms  (GMO -Free)” on 
the main surface.  
 
2. Display the words “GMO -Free” in  
parenthes es after the name of the 
ingredient that was used for the 
product.  
 
3. Food or food additives which have 
no remaining genes after manufacture 
or pro duction, and therefore are unable 
to be inspect ed, are excluded.  
 
 Food  that was manufactured or produced 
using an agricultural, livestock or fishery 
product that is not on the list of subjects for 
safety assessment complying with Article 
15 of the Act as raw materials, or food that 
was subsequently  manufactured or produ ced 
from such product shall not be displayed  12  
 
 
 
 
3. If it is not possible to confirm whether 
the product is genetically modified o r not, 
it can be displayed as “It is possible that 
this product contains g enetically modified 
” on the main surface  or “It is possible 
that this product contains genetically 
modified ” in parenthes es after the name 
of the corresponding ingredient that was 
used for the product.  
 
Article 6  (Exceptions in applying the 
label s) In the case which corresponds to 
one of subparagraphs below, labelling  
would be done as  follows regardless the 
provisions in Article 5.  
 
 1. In the case that food manufacturers or 
processors of food for immediate sale are 
displaying and selling genetically  modified 
foods that were manufactured or processed 
by themselves, indication of each product 
can be omitted when they are displaying 
the relevant facts of genetically modified 
organisms on the showcase or on a separate 
signpost.  
 
 2. In the case of sellin g tofu or similar 
products in portable sanitized container,  
indication of each product can be omitted 
when they are displaying the relevant facts 
of genetically modified organisms on the 
container or on a separate signpost.  
 
3. When it is not possible to p rint the facts 
of genetically modified organisms  with ink, 
imprint or stamp due to the specific 
character istics of the package, and for 
imported food and food additives, stickers 
that would not fall off can be affixed to the 
package.  with emphasis on “GMO -Free food” as 
described in  . 
 
<Rescinded>  
 
 
 
 
 
 
 
 
 
Article 6  (Exceptions in applying the 
labels) (The same as at present)  
 
 
 
 
1. (The same as at present)  
 
 
 
 
 
 
 
 
 
2. (The same as at presen t) 
 
 
 
 
 
 
3. (The same as at present)  
 
 
 
 
 
 
 
 
Bylaws   13  
Article 1  (Enforcement date ) This proposed 
Act shall take effect on the date of 
announcement.  
However for those among the foods subject 
to labelling  which designated in the Article 
3, if they were manufa ctured or produced 
with genetically modified agricultural, 
livestock or fishery products as ingredients 
and do not have remaining genes, this 
proposed Act will take effect three years 
after the date of enforcement.  
 
Article 2  (Transitional  measures for 
labelling  standard for genetically modified 
foods) If persons who were licensed or 
registered for the business at the time this 
proposed Act came into effect, the previous 
‘Labelling  Standard for Genetically 
Modified Foods’ shall be applied until 
December 31,  2009 to genetically modified 
foods they manufacture, process, produce, 
import and sell.