Labeling the country of origin for agricultural, fishery and forestry processed products
Subjects of labeling the country of origin
- A person who imports agricultural or fishery products, or processed products thereof, a person who ships or sells such products (including mail order sale) after producing or processing them, or a person who stores or displays such products to sell them shall indicate the country of origin for ①Agricultural and fishery products, ②Processed products of agricultural and fishery products (excluding products processed in the Republic of Korea), ③Raw materials of processed products of agricultural and fishery products (limited to products processed in the Republic of Korea) (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).
Cases where the country of origin is deemed placed
- In any of the following cases, a country of origin label shall be deemed to have been placed (Article 5(2) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
1. Where he/she places a standardized product mark pursuant to Article 5 of the Agricultural and Fishery Products Quality Control Act
2. Where he/she places an excellently managed agricultural product certification mark pursuant to Article 6 of the Agricultural and Fishery Products Quality Control Act, a quality certification mark pursuant to Article 14 of the same Act
3. Where he/she places a traceable agricultural product mark pursuant to Article 24 of the Agricultural and Fishery Products Quality Control Act
4. Where he/she indicates a geographical area pursuant to Article 34 of the Agricultural and Fishery Products Quality Control Act
5. Where he/she places a certification of origin label pursuant to Article 22-2 of the Food Industry Promotion Act or Article 30 of the Seafood Industry Promotion and Support Act
6. here he/she places a country of origin label of exported or imported agricultural and fishery products, or exported or imported processed agricultural and fishery products pursuant to Article 33 of the Foreign Trade Act
7. Where he/she places a country of origin label of agricultural and fishery products, or processed agricultural and fishery products pursuant to other Acts
Sanctions for violations
- Any person who fails to label the country of origin in violation of this provision shall be subject to an administrative fine of more than KRW 50,000 and less than KRW 10 million (Subparagraph 1 of Article 18(1) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products and Subparagraph 2(a) of attached Table 2 of the Enforcement Decree of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
※ Other methods of labeling the country of origin are available in Subparagraph 2 of attached Table 4 of the Enforcement Regulations of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products.
Placement of receipts, etc. with country of origin, etc.
Duty to place receipts, etc. with country of origin, etc.
- A person required to indicate the country of origin shall keep receipts, invoices, etc. containing the country of origin, etc., which are issued pursuant to other Acts, for 6 months from the date of purchase (Article 8 of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
Prohibition of false labeling regarding the country of origin
Prohibition of false labeling regarding the country of origin
- No person who cooks, sells, and provides agricultural, fishery and forestry products or processed products thereof shall engage in any of the following acts (Article 6(2) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
1. False labeling of the country of origin or labeling that may cause confusion as to the country of origin
2. Selling, cooking and providing under the country of origin disguised or storing and displaying the country of origin labels by damaging and changing thereof for the purpose of cooking, selling and providing such product
3. Cooking, selling, and providing country of origin-labeled agricultural and fishery products or the processed products thereof mixed with other agricultural and fishery products and the processed products thereof with a different country of origin.
Sanctions for violations
- Any person who provides false labeling in violation of this provision shall be punished by imprisonment for not more than 7 years or a fine not exceeding KRW 100 million, or by both means concurrently (Article 14(1) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
- A person who is sentenced under paragraph (1) and, within 5 years after the final sentencing, violates Article 6(1) or (2) again shall be punished by imprisonment with labor for at least 1 and up to 10 years or by a fine of more than KRW 5 million and up to KRW 150 million, or such imprisonment and fine may be imposed concurrently (Article 14(2) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
Dispositions, etc. against violation of labeling the correct country of origin, etc.
Implementation of labeling, modification, etc.
- The Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct the following dispositions against a person who violates Article 5 or 6 of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products. However, a disposition against a person who violates Article 5(3) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products shall be limited to a disposition under the following item "1." (Article 9(1) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
1. Corrective orders such as the implementation, modification, and deletion of indications
2. Prohibition of trades, such as the sale of agricultural and fishery products or their processed products in violation
- Any person who fails to implement a disposition shall be punished by imprisonment for not more than 1 year or be subject to a fine not exceeding KRW 10 million (Article 16 of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
Announcement of dispositions
- Where any of the following persons fails to indicate the country of origin of agricultural and fishery products or the processed products thereof, etc. or falsely indicates the country of origin 2 times or more in 2 years, and therefore the person is subject to the aforesaid disposition which is finalized, the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, the Commissioner of the Korea Customs Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall publicize the matters related to the disposition (Main body of Article 9(2) of the Act on Origin Labeling, Etc. of Agricultural and Fishery Products).
· A person who produces, processes, and ships agricultural and fishery products or the processed products thereof subject to labeling of the country of origin, or sells or processes such products for the purpose of sale
· A person who sells or provides food after cooking