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Agricultural/Livestock/Marine Product Consumers

Mandatory Indication of Origin

Mandatory Indication of Origin

Definition of Origin

- The origin of an agricultural product is the country or region where an agricultural product was produced or collected (Subparagraph 4 of Article 2 of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).

Mandatory Indication of Origin

- Parties who import, produce/process for shipping or sale (online sale included), or store/display for sale the following agricultural product types must indicate the origin of such agricultural products (Article 5(1) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products and Article 3(1) of the Enforcement Decree of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products):

· Agricultural products announced by the Minister of Agriculture, Food and Rural Affairs for achieving order of distribution and for helping consumers to make good choices

· Imported agricultural products announced by the Minister of Trade, Industry and Energy in accordance with Article 33 of the Foreign Trade Act

- Items that require an indication of origin are shown in the Attached Table 1 of the Guidelines on Origin Labeling of Agricultural and Fishery Products (Ministry of Agriculture, Food and Rural Affairs).

Standards of Indication of Origin

- The standards applied to the indication of origin of agricultural products are as follows (Article 5(1) and Attached Table 1 of the Enforcement Decree of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).

Classification	Details
Domestic agricultural products	Indication of "Product ofKorea" or "Domestic product," or the name of the city, province,county, or autonomous district in which the agricultural product was produced,collected, or raised
Imported agricultural productsand outside agricultural products	For imported agriculturalproducts, indication of origin determined at customs clearance in accordancewith the Foreign Trade Act
	For outside agricultural productsbrought into Korea in accordance with the Inter-Korea Exchange and Cooperation Act,indication of origin determined at the time such agricultural products arebrought into Korea

- A person who fails to indicate the country of origin of agricultural products shall be subject to an administrative fine not exceeding 10 million won (Subparagraph 1 of Article 18(1) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).

Method of Indication of Origin

- The method of indication of origin of agricultural products is shown in the Attached Table 1 of the Enforcement Regulations of the Act on Origin Labeling of Agricultural and Fishery Products (Subparagraph 1 of Article 3 of the Enforcement Rules of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).

- Violation of the method ofindication of origin of agricultural products is grounds for a fine of up toKRW 10 million (Subparagraph 2 of Article 18(1) of the Act on OriginLabeling, Etc. of Agricultural and Fishery Products).

Violation of the Standards of Indication of Origin

- The following activities are strictly prohibited (Article 6(1) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).

· False or unclear indication of origin

· Damage or change of an indication of origin intended to cause confusion

· Sale with the indication of origin concealed; mixing of agricultural products with an indication of origin with other agricultural products or processed products for sale or in storage or display for sale

Penalties for Violations of the Standards of Indication of Origin

Classification		Details
Corrective order, etc.	Violation of Article 5 or Article 6 of the Act on Origin Labeling of Agricultural and Fishery Products	▪ Order of execution, change, or removal of indication ▪ Prohibition of the sale of non-compliant agricultural products or processed products (Article 9(1) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 9(1)2 and Article 9(3)2 of the Enforcement Decree of the Act on Origin Labeling of Agricultural and Fishery Products)
Announcement of disposition	Violation of Article 5 or Article 6 of the Act on Origin Labeling of Agricultural and Fishery Products	If a disposition is confirmed in accordance with Article 9(1) of the Act on Origin Labeling of Agricultural and Fishery Products, details of the disposition must be announced. (Article 9(2) of the Act on Origin Labeling of Agricultural and Fishery Products)
Administrative penalty	Violation of Article 6 of the Act on Origin Labeling of Agricultural and Fishery Products	Imprisonment of up to 7 years and/or a fine of up to KRW 100 million (Article 14(1) of the Act on Origin Labeling of Agricultural and Fishery Products)
Administrative penalty	Failure to carry out a disposition in accordance with Article 9(1) of the Act on Origin Labeling of Agricultural and Fishery Products	If a party to whom a corrective order was issued does not carry out the required disposition, imprisonment of up to 1 year or a fine of up to KRW 10 million (Article 16 of the Act on Origin Labeling of Agricultural and Fishery Products)
Fine	Violation of Article 6(1) of the Act on Origin Labeling of Agricultural and Fishery Products	A party who violates the prohibition of false indication of origin more than 2 times in a period of 2 years is subject to a fine equivalent to 5 times the value of the violation(Article 6-2(1) of the Act on Origin Labeling of Agricultural and Fishery Products)