Training on food sanitation
Persons required to undergo training on food sanitation- A person who intends to engage in the on-site sales, manufacturing, and processing business shall undergo training on food sanitation (hereinafter referred to as “training on food sanitation”) in advance. However, when he/she is unable to receive such training in advance due to the inevitable grounds, he/she may receive such training after the commencement of his/her business pursuant to the Regulations on Food Sanitation Training for Food-Related Business Operators, Etc. (Article 41(2) of the Food Sanitation Act).
- An on-site sales, manufacturing, and processing business operator must receive training on food sanitation each year (Article 41(1) of the Food Sanitation Act and Subparagraph 2 of Article 27 of the Enforcement Decree of the Food Sanitation Act).
※ A business operator or an employee who fails to receive training on food sanitation in violation of this provision shall be subject to an administrative fine not exceeding KRW 200,000 (for a business operator; KRW 400,000 for 2nd violation and KRW 600,000 for 3rd violation) and KRW 100,000 (for an employee; KRW 200,000 for 2nd violation and KRW 300,000 for 3rd violation), respectively for their 1st violations (Subparagraph 1 of Article 101(4) of the Food Sanitation Act and Article 67 and Subparagraph 2(i) of attached Table 2 of the Enforcement Decree of the 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 in more 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 (Text 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 extenuating circumstances exist to the contrary (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 for the first violation (KRW 400,000 for 2nd violation and KRW 600,000 for 3rd violation) (Subparagraph 1 of Article 101(4) of the Food Sanitation Act and Article 67 and Subparagraph 2(j) of attached Table 2 of the Enforcement Decree of the Food Sanitation Act).
Food Sanitation Training Method- Food sanitation training shall be executed by in-house learning or remote lessons through information and communications devices (Text of Article 41(6) of the Food Sanitation Act).
· However, food sanitation trainings to be received by the instant sales and process manufacturers in advance are subject to in-house lessons (A provision of Article 41(6) of the Food Sanitation Act).
- Under the unavoidable circumstances where a business operator or employees reside in islands or remote regions, etc. too far to directly receive the education on food sanitation, or where the Minister of Food and Drug Safety acknowledges the national health to be possibly harmed due to the outbreak and the spread of an infectious disease pursuant to Article 2 of the Infectious Disease Control and Prevention Act, the education on food sanitation can be provided in the following manners (Article 41(7) of the Food Sanitation Act and Article 54(1) of the Enforcement Rules thereof):
· For a business operator and employees residing in islands or remote regions, etc.: Distribute training textbooks under Article 53 of “Food Sanitation Act Enforcement Regulations” for education (only for people obliged to receive education on food sanitation tunder Article 41(1) of the Food Sanitation Act, according to the reporting agency)
· Other cases: Remote education through information and communications devices