Coffee shop operators and employees must receive medical examinations.
Persons subject to the medical examination requirement and the time for implementing such examinations
- Operators and employees (excluding those who are engaged in the transport or sales of fully packaged foods or food additives) who directly engage in the collecting, manufacturing, processing, cooking, storing, or transporting of foods or food additives (excluding sterilizers or disinfectants such as chemical synthetics or apparatus) must receive medical examinations. However, those that undergo the same medical examination as that prescribed by other Acts and subordinate statutes shall be deemed to have undergone the medical examination under this Act (Article 40(1) of the Food Sanitation Act and Article 49(1) of the Enforcement Regulations of the Food Sanitation Act).
※ Any operators or employees who fail to undergo a medical examination in violation of the above provision shall be subject to a fine not exceeding KRW 200,000 for operators and KRW 100,000 for employees, respectively (Subparagraph 1 of Article 101(3) of the Food Sanitation Act and Article 67(1) and attached Table 2 of the Enforcement Decree of the Food Sanitation Act).
- An operator and his/her employees who are required to undergo a medical examination must do so before the commencement of the business or the engagement in the business. (Article 40(4) of the Food Sanitation Act and Article 49(2) of the Enforcement Regulations of the Food Sanitation Act).
Restrictions on operations, etc.
- No person, who is recognized to have any of the following diseases that are likely to cause harm to third persons as a result of medical examination, shall be engaged in the relevant business (Article 40(2) and (4) of the Food Sanitation Act and Article 50 of the Enforcement Regulations of the Food Sanitation Act).
· Tuberculosis (excluding non-infectious cases) under Subparagraph 3 of Article 2 of the Infectious Disease Control and Prevention Act
· Infectious diseases under each Subparagraph of Article 33(1) of the Enforcement Regulation of the Infectious Disease Control and Prevention Act
· Skindiseases or other pyogenic (purulent) diseases
· Acquired immune deficiency syndrome (applicable only to workers who are required to undergo medical examination for venereal diseases under Article 19 of the Infectious Disease Control and Prevention Act)
- No business operator may order persons who have failed to undergo medical examination or who have a disease likely to cause harm to third persons as a result of medical examination to work in the relevant business (Article 40(3) of the Food Sanitation Act).
※ Any operator who violates this provision will be subject to an administrative fine not exceeding KRW 5 million (Subparagraph 1 of Article 101(3) of the Food Sanitation Act).
A coffee shop operator must receive training on food sanitation each year.
Persons required to receive training on food sanitation
- A person who intends to operate a coffee shop must receive training on food sanitation (hereinafter referred to as “training on food sanitation”) in advance; if he/she is unable to receive such training in advance due to inevitable grounds, he/she may receive the training after the commencement of his/her business in accordance with 「Food Sanitation Education Regulations for Food-Related Business Operators」 (Article 41(2) of 「Food Sanitation Act」).
· Notwithstanding the above, a person who holds a chef’s license, nutritionist’s license, or sanitation officer’s license and intends to operate a coffee shop is exempt from the requirement to receive training on food sanitation (Article 41(4) of 「Food Sanitation Act」).
- A coffee shop operator must receive training on food sanitation every year (Article 41(1) of the Food Sanitation Act and Subparagraph 8 of Article 27 of the Enforcement Decree of the Food Sanitation Act).
※ Any person who fails to receive such training in violation of the provision shall be subject to an administrative fine not exceeding KRW 200,000 (Subparagraph 1 of Article 101(4) of the Food Sanitation Act and Article 67 and attached Table 2 of the Enforcement Decree of the Food Sanitation Act).
Methods of Training on Food Sanitation
- Training on food sanitation shall be conducted through group training or remote education using information and communications media; however, the training on food sanitation that those intending to operate a business must receive in advance, as stipulated in Article 41(2) of 「Food Sanitation Act」, shall be conducted as group training (Article 41(6) of 「Food Sanitation Act」).
- When any person who is required to receive training on food sanitation does not directly engage in business or engages in business at not less than 2 places, a person in charge of food sanitation may be designated, from among employees, and receive training on behalf of the business operator (Main body of Article 41(3) of the Food Sanitation Act).
- No business operator shall allow persons who fail to receive training on food sanitation to engage in the relevant business unless there are extenuating circumstances (Article 41(5) of the Food Sanitation Act).
※ Any person who orders an employee who has failed to receive training on food sanitation to engage in the business shall be subject to an administrative fine not exceeding KRW 200,000 (Subparagraph 1 of Article 101(4) of the Food Sanitation Act and Article 67 and attached Table 2 of the Enforcement Decree of the Food Sanitation Act).
-If there are unavoidable reasons, such as those who are business owners and employees of islands, remote areas, etc., where it is difficult to receive food hygiene education, or if the Minister of Food and Drug Safety acknowledges that there is a risk of harm to national health due to an outbreak of infectious diseases, food hygiene education can be provided in accordance with the following (Article 41(7) of the Food Sanitation Act and Article 54(1) of the Enforcement Regulations of the Food Sanitation Act).
· For business owners and employees of islands, remote areas, etc.: Distributing educational materials to learn (only applicable to those who need food hygiene education and approved by the permitting office, reporting office, or registration office)
· Other cases: Distance education method using information and communication media
Training institutions for food sanitation, etc.
- Institutions that provide training on food sanitation and sanitation management are training institutions specializing in food sanitation designated according to 「Designation of Sanitation Education Institutions for Food Business Operators」 or a trade association or the Korea Food Industry Association (Article 51(1) of 「Enforcement Rule of the Food Sanitation Act」).
- The contents to be taught in the training on food sanitation and sanitation management include food sanitation, personal hygiene, food sanitation measures, and food quality control (Article 51(2) of 「Enforcement Rule of the Food Sanitation Act」).
Training hours
- A person who intends to operate a coffee shop must receive 6 hours of training on food sanitation (subparagraph 3 of Article 52(2) of 「Enforcement Rule of the Food Sanitation Act」).
※ If a person required to undergo training on food sanitation has closed for the entire period of the current year after filing a report on closure under Article 8(8) of 「Value-Added Tax Act」, he/she may not be required to undergo food sanitation education for that year (Article 52(6) of 「Enforcement Rule of the Food Sanitation Act」).
- According to Article 52(2) of 「Enforcement Rule of the Food Sanitation Act」, if a person who has received training on food sanitation falls under any of the following categories, he/she shall be deemed to have received training on food sanitation for the relevant business according to Article 52(2) of 「Enforcement Rule of the Food Sanitation Act」. In such cases, the person must receive training on food sanitation for the relevant business according to Article 52(1) of 「Enforcement Rule of the Food Sanitation Act」 in that year (Article 41(6) of 「Food Sanitation Act」 and Article 52(3) of 「Enforcement Rule of the Food Sanitation Act」):
· Where a person who received training on food sanitation according to Article 52(2) of 「Enforcement Rule of the Food Sanitation Act」 intends to engage in the same type of business as the one for which he/she received training
· Where a person who received training on food sanitation according to Article 52(2) of 「Enforcement Rule of the Food Sanitation Act」 intends to engage in another type of business
√ Rest restaurant business, general restaurant business and bakery business → Rest restaurant business, general restaurant business and bakery business
- In the event where a person who has received training on food sanitation under Article 52(1) of 「Enforcement Rule of the Food Sanitation Act」 falls under any of the following conditions, he/she shall be deemed to have received training on food sanitation required under the latter part of the part other than Article 52(1) or each subparagraph of Article 52(3) of 「Enforcement Rule of the Food Sanitation Act」 for the corresponding operation (Article 52(4) of 「Enforcement Rule of the Food Sanitation Act」).
· Where a person who has received training pursuant to Article 52(1) of 「Enforcement Rule of the Food Sanitation Act」 operates the same business as the business type he/she received training for in the jurisdiction of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Province, or a Special Self-Governing Province where the existing business is located in the same year
· Where a person who has received training pursuant to Article 52(1) of 「Enforcement Rule of the Food Sanitation Act」 operates a business that is different from his/her previous business type among the following businesses as the business type he/she received training for in the jurisdiction of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Province, or a Special Self-Governing Province where the existing business is located in the same year
(a) Food manufacturing·processing, on-site sales and manufacturing·processing, and manufacturing of food additives
(b) Food subdivision business, distribution specialized sales business, collective meal service food sales business, other food sales businesss
(c) Rest restaurant business, general restaurant business, and bakery business
(d) Karaoke bar business and entertainment bar business
Teaching materials
- Institutions for training on food sanitation shall create teaching materials and provide them to those who are required to receive such training (Article 53(1) of 「Enforcement Rule of the Food Sanitation Act」).
- The institutions for training on food sanitation shall issue a certificate to a person who has completed the education on food sanitation, and report the education results to licensing, notifying, and registration offices within 1 month from the date on which the education was provided, and to the Minister of Food and Drug Safety within 1 month from the end of the corresponding year, and preserve and manage educational records such as the certificate issuance register for more than 2 years (Article 53(2) of 「Enforcement Rule of the Food Sanitation Act」).
In addition, other requirements under the Food Sanitation Act must be satisfied.
Matters to be observed by operators and employees
- Coffee shop operators and their employees shall comply with the following matters so as to control the sanitation of business, maintain order and improve the health and sanitation of the people (Article 44(1) of the Food Sanitation Act and Subparagraph 7 of Article 29(1)of the Enforcement Decree of the Food Sanitation Act).
1. No business operator shall transport, store, display or sell livestock products which have not undergone inspection under Article 12 of the Livestock Products Sanitary Control Act or animals used for experiments, etc., or use such livestock products or animals for manufacturing or processing of foods
2. No business operator shall use or sell wildlife captured or gathered, in violation of the Wildlife Protection and Management Act, for manufacturing or processing of foods
3. No business operator shall subdivide, transport, display or keep products, foods or the raw materials thereof whose shelf life has expired for manufacturing, processing, cooking or selling purposes, or sell or use such products, foods or materials for manufacturing, processing or cooking of foods
4. Where a business operator uses groundwater, etc. which is not tap water as drinking water or for cooking foods, washing, etc., he/she shall use the water recognized as fit for drinking after getting tested by a drinking water quality testing institution under Article 43 of the Drinking Water Management Act. However, where 2 or more food service establishments use the same water source in the same building, the result of testing on 1 food service establishment may take the place of testing on the other food service establishments
5. No business operator shall manufacture, process, sell, import, use and transport foods, etc. which have been temporarily prohibited until a risk assessment is completed pursuant to Article 15(2) of the Food Sanitation Act
6. Where food poisoning occurs, no business operator shall damage the site by discarding or disinfecting foods being kept or used until an epidemiological investigation is completed, and he/she shall preserve such foods in the original condition and shall not interfere with any act to investigate the cause of food poisoning
7. No business operator shall lure and solicit customers
8. Other matters prescribed for the management of raw materials for business, manufacturing process, sanitary control, maintenance of order, promotion of health and hygiene of people, etc.
※ Other matters to be observed are available in attached Table 17-7 of the Enforcement Regulations of the Food Sanitation Act which provide matters to be observed by foodservice business operators (excluding catering service business operators) and their employees