Control of Livestock and Fish Feed Act

Wholly amended By 2001· 3·28 Act No. 6445 Amended By 2002· 1·26 Act No. 6627 CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Act is to provide for matters concerning the stabilization, quality control and the securing of safety of feed to serve to develop the livestock industry through the stable production and quality improvements of feed. Article 2 (Definitions) The definitions of terms used in this Act shall be as follows: 1.The term "feed" means the single-compound feed, assorted feed and supplementary feed, all of which are used as nutritions for livestock prescribed in the Livestock Industry Act and animals and fish, etc. prescribed and published by the Minister of Agriculture and Forestry (hereinafter referred to as "animals, etc."), and necessary for the maintenance of their health and growth: Provided, That any feed taken by animals, etc. as animal medicine shall be excluded; 2.The term "single-compound feed" means vegetable, animal or mineral substances which are prescribed and published by the Minister of Agriculture and Forestry and used either as feed or as raw materials for making the assorted feed; 3.The term "assorted feed" means feed which is made of the single-compound feed and the supplementary feed, etc. by mixing or processing them in a proper proportion and prescribed and published by the Minister of Agriculture and Forestry according to the purpose of their use; 4.The term "supplementary feed" means feed which is added to any other feed to prevent the quality of feed from deterioration or to upgrade the efficacy of feed, and prescribed and published by the Minister of Agriculture and Forestry; 5.The term "feed-manufacturing business" means the business of manufacturing (including mixing, assorting, combining or processing feed), selling and supplying feed; 6.The term "feed-import business" means the business of importing feed to sell it (including a case where the imported feed is simply repackaged: hereafter the same shall apply); 7.The term "feed manufacturer" means the person who runs the feed-manufacturing business; 8.The term "feed importer" means the person who runs the feed-import business; and 9.The term "distributor" means the person, other than a feed manufacturer and a feed importer, who runs the business of selling feed. Article 3 (Formulation and Implementation of Feed Policy and Financial Assistance) http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6405720&s linkjo=NO&s linklang=ENG (1) The Minister of Agriculture and Forestry shall formulate and implement a feed policy necessary to adjust the supply and demand of feed, stabilize feed prices, upgrade the quality of feed, secure the safety of feed and develop feed resources, etc. (2) The Minister of Agriculture and Forestry shall work out a supply and demand plan each year for the production, export, import and supply, etc. of feed. (3) The Minister of Agriculture and Forestry may provide subsidies or extend loans from the fund for public finance within limits of budget to feed manufacturers or organizations established with the approval of the Minister of Agriculture and Forestry for the purpose of promoting the livestock industry and adjusting the supply and demand of feed (hereinafter referred to as "feed-related organizations") in order to shape and implement the policy and the supply and demand plan referred to in paragraphs (1) and (2). Article 4 (Preclusion from Application) This Act shall not apply to a case where any feed manufacturer makes feed prescribed by the Ordinance of the Ministry of Agriculture and Forestry for the purpose of exporting it. CHAPTER II STABILIZATION OF SUPPLY AND DEMAND OF FEED Article 5 (Support for Stabilization of Supply and Demand of Feed) The Minister of Agriculture and Forestry may, when he deems it necessary to stabilize the supply and demand of feed, provide necessary support to the feed-related organizations when they export, import and supply feed. Article 6 (Recommendation for Importation of Supplementary Feed, etc.) (1) Any person, who intends to import the supplementary feed, etc. at tariff concession rates that are applied to the market access as specified on the schedule of concessions and commitments of the Republic of Korea in accordance with the Marrakesh Agreement establishing the World Trade Organization, shall obtain a recommendation thereon from the Minister of Agriculture and Forestry. (2) The Minister of Agriculture and Forestry may allow the National Agricultural Cooperative Federation established pursuant to Article 121 of the Agricultural Cooperatives Act or feed related organizations to vicariously perform the recommendation service for importing the supplementary feed, etc. under paragraph (1) on behalf of him. In this case, necessary matters concerning feed items subject to the recommendation, the quantity of recommendation by item and recommendation standards, etc. shall be prescribed by the Minister of Agriculture and Forestry. Article 7 (Prohibition on Use of Feed for Other Purpose) Any person shall be prohibited from selling his imported feed for other purpose of use than the use of it as raw materials for making assorted feed, by livestock men who are end users and the purpose of use prescribed by the Ordinance of the Ministry of Agriculture and Forestry. CHAPTER III QUALITY CONTROL OF FEED, ETC. Article 8 (Registration of Feed-Manufacturing Business, etc.) (1) Any person who intends to run the feed-manufacturing business shall file a registration of his business with the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as the "Mayor/Do governor") under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (2) Any person who intends to file the registration referred to in paragraph (1) shall have manufacturing facilities in conformity with the standards set by the Ordinance of the Ministry of Agriculture and Forestry. (3) In the event that any person who has filed the registration of his business under paragraph (1) intends to alter any facilities prescribed by the Ordinance of the Ministry of Agriculture and Forestry from among his facilities, he shall file a report thereon with the Mayor/Do governor. (4) Any person who has acquired the manufacturing facilities in whole through an auction under the Civil Execution Act, a realization under the Bankruptcy Act, the sale of a seized property under the National Tax Collection Act, the Customs Act or the Local Tax Act, or in accordance with procedures corresponding to such methods shall be deemed to file the registration of his business at the time that he acquires such facilities. In this case, the previous registration of the feed-manufacturing business shall be deemed to lose its effect. <Amended by Act No. 6627, Jan. 26, 2002> Article 9 (Feed Safety Manager) (1) Any person who manufactures feed, including micro minerals, prescribed by the Presidential Decree, from among the feed manufacturers, shall employ a feed safety manager assigned to manage the safety of feed. (2) The feed safety manager referred to in paragraph (1) shall guide and supervise persons engaged in the manufacture of feed to secure the quality control and the safety of feed and to manage raw materials, manufactured feed and facilities. (3) The feed safety manager shall, when he learns the fact of violating any order given or any disposition taken by or under this Act in the course of guiding and supervising the persons engaged in the manufacture of feed, notify the feed manufacturer of the fact and ask him to correct such violation while promptly making a report thereon to the Mayor/Do governor. In this case, the Mayor/Do governor may order the feed manufacturer to take necessary steps after confirming whether he takes steps to correct such fact. (4) Any feed manufacturer, who has employed a feed safety manager under paragraph (1), shall not obstruct the latter's work and the feed manufacturer shall, when asked by the feed safety manager for what is necessary to perform his work, comply with such request unless the justifiable grounds exist that make it impossible for him to do so. (5) Necessary matters concerning qualifications, duties and the fixed number of feed safety manager, etc. shall be prescribed by the Ordinance of the Ministry of Agriculture and http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3506627&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3500998&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3402680&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6606305&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3100827&s linkjo=NO&s linklang=ENG Forestry. Article 10 (Feed Process, etc.) (1) The Minister of Agriculture and Forestry may, when it is deemed necessary to secure the quality and safety of feed, set, alter or abolish standards for manufacturing, using and storing feed and also standards for ingredients of feed (hereinafter referred to as "feed process"). In this case, the Minister of Agriculture and Forestry shall, when such standards are set, altered or abolished, publish such matters. (2) Any feed for which the feed process has been set shall be manufactured, used or stored according to such feed process. (3) The Minister of Agriculture and Forestry shall, when he intends to set, alter or abolish the feed process for the assorted feed used for fish farming, consult in advance with the Minister of Maritime Affairs and Fisheries. (4) The feed process referred to in paragraph (1) shall be put into practice beginning on the day on which 30 days lapse from the date of its publication. (5) Matters concerning procedures and methods, etc. with respect to the establishment, alteration or abolishment of the feed process shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 11 (Registration of Feed Ingredients and Its Revocation) (1) Any feed manufacturer or any feed importer shall register kinds of feed ingredients and the quantity of such ingredients he intends to manufacture or import as well as other matters prescribed by the Minister of Agriculture and Forestry with the Mayor/Do governor (hereinafter referred to as "registration of ingredients"): Provided, That with respect to the feed prescribed by the Ordinance of the Ministry of Agriculture and Forestry, the registration of its ingredients may be omitted. (2) The Mayor/Do governor shall, upon receiving an application for the registration of ingredients, confirm whether the registration of ingredients is in conformity with the feed process, etc. and issue without any delay a certificate of ingredient registration to the applicant if the registration of ingredients is found to be in conformity with the feed process. (3) In the event that any feed manufacturer or any feed importer falls under each of the following subparagraphs, the Mayor/Do governor shall revoke his registration of ingredients. In this case, the feed manufacturer or the feed importer shall return his certificate of ingredient registration to the Mayor/Do governor: 1.When he is found to have registered his ingredients in an unlawful manner; 2.When he has failed to manufacture or import feed within one year after its ingredients are registered, without any justifiable reasons; and 3.When his registration of feed-manufacturing business is revoked. Article 12 (Mark Standards for Feed, etc.) (1) Any feed manufacturer or any feed importer shall, when he intends to market the feed he has manufactured or imported, mark the containers and packages of such feed with matters prescribed by the Ordinance of the Ministry of Agriculture and Forestry, including other matters conveying the registration of its ingredients and cautionary matters. (2) Any feed manufacturer or any feed importer shall be prohibited from falsely or exaggeratedly marking the containers and packages of his feed with the matters required by paragraph (1). Article 13 (Prohibition on Manufacture, Importation, Sale or Use, etc.) (1) Any feed manufacturer, any feed importer or any distributor shall be prohibited from manufacturing, importing or selling the feed falling under each of the following subparagraphs or from using it as raw materials for manufacturing feed: 1.Feed that contains toxic substances harmful to human bodies or animals or their residuals beyond permissible standards; 2.Feed that contains residuals of animal medicine beyond permissible standards; 3.Feed that is infected with pathogens which are the cause of disease in human bodies or animals, etc. or considerably decomposed or changed qualitatively to the extent that it can no longer be used as feed; 4.Feed that is prescribed and published by the Minister of Agriculture and Forestry as impeding the maintenance of health and growth of animals, etc. and undermining the production of livestock products other than subparagraphs 1 through 3; 5.Feed that has been manufactured or imported without going through the registration of ingredients; 6.Feed that has been imported without filing an import declaration thereon under Article 17 (1); and 7.By-products of animals, etc. and food leftovers that are prescribed and published by the Minister of Agriculture and Forestry to be banned from being used as feed for fear that they might cause the disease of human bodies and such animals, etc. as prescribed and published by the Minister of Agriculture and Forestry. (2) No one shall use by-products of animals, etc. and food leftovers specified in paragraph (1) 7 as feed for animals, etc. (3) The scope of the toxic substances and residuals of animal medicine referred to in paragraph (1) 1 and 2, and their permissible standards shall be prescribed by the Minister of Agriculture and Forestry. Article 14 (Restriction on Addition to Feed and Mixture) http://www.klri.re.kr/docs/eng/B6406445.html#C001700 (1) The Minister of Agriculture and Forestry may restrict the contents of specific ingredients in the feed to maintain the quality of feed and prevent environmental pollution. (2) The Minister of Agriculture and Forestry may restrict the mixture of substances or feed which could result in downgrading the quality of the relevant feed or makes the relevant feed indistinguishable. (3) The specific ingredients whose contents may be restricted under paragraph (1) and restriction standards therefor, and the substances or the feed, whose mixture may be restricted under paragraph (2) and restriction standards therefor shall be prescribed and published by the Minister of Agriculture and Forestry. Article 15 (Standards for Superior Manufacture Management and Intensive Control of Hazardous Elements) (1) The Minister of Agriculture and Forestry may prescribe procedures for the control of manufacturing facilities and process by feed or set standards for the intensive control of hazardous elements by process (hereinafter referred to as "standards for superior manufacture management and intensive control of hazardous elements") to prevent hazardous substances from being mixed with or polluting the relevant feed in the process of managing raw materials and manufacturing and distributing the feed. (2) The Minister of Agriculture and Forestry may, when he sets the standards for superior manufacture management and intensive control of hazardous elements, get feed manufacturers to comply with such standards under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 16 (Compilation and Distribution of Feed Process Booklets) The Minister of Agriculture and Forestry shall compile and distribute feed process booklets that contain matters concerning the marking system of feed under Article 12 (1), the restriction on the mixture with or the addition to feed under Article 14. CHAPTER IV FEED INSPECTION, ETC. Article 17 (Import Declaration of Feed, etc.) (1) Any feed importer shall, when he intends to import the feed prescribed and published by the Minister of Agriculture and Forestry, file an import declaration thereon with the Minister of Agriculture and Forestry under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (2) In the event that the grounds, prescribed by the Ordinance of the Ministry of Agriculture and Forestry, exist that require securing the safety of feed and stabilizing the supply and demand of feed, the Minister of Agriculture and Forestry shall have his public officials in charge make necessary inspections of the feed on which an import declaration required under paragraph (1) has been filed prior to the completion of its customs clearance. http://www.klri.re.kr/docs/eng/B6406445.html#C001200 http://www.klri.re.kr/docs/eng/B6406445.html#C001400 (3) In the event that any feed importer files an import declaration required under paragraph (1) and submits an inspection certificate after going through an inspection conducted by a feed inspection certification institution under Article 18 (2) or a feed inspection institution under Article 20, his feed may be inspected after adjusting inspection items or deemed to be inspected under paragraph (2). (4) Necessary matters concerning inspection items, methods of and standards for inspection, etc. under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 18 (Self-Inspection of Feed) (1) Every feed manufacturer or every feed importer shall install facilities prescribed by the Ordinance of the Ministry of Agriculture and Forestry and inspect matters falling under each of the following subparagraphs with respect to the feed he manufactures or imports in order to control the quality of the feed and secure the safety of the feed. In this case, such feed manufacturer or such feed importer may install facilities jointly with other feed manufacturer or other feed importer: 1.Whether the feed is in conformity with the feed process; 2.Whether the feed contains other ingredients than the registered ingredients; and 3.Whether the feed falls under Article 13 (1) 1 through 4. (2) Any feed manufacturer or any feed importer may commission a person recognized by the Minister of Agriculture and Forestry (hereinafter referred to as "feed inspection certification institution") to inspect his feed under paragraph (1). (3) In the event that any feed inspection certification institution inspects any feed under paragraph (2), it shall issue a feed inspection certificate to the manufacturer of such feed or the importer of such feed under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (4) Necessary matters concerning inspection items, procedures and the keeping of records, etc. under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (5) Necessary matters concerning procedures and standards for recognizing feed inspection certification institutions, etc. shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 19 (Feed Inspection) (1) The Minister of Agriculture and Forestry or the Mayor/Do governor may, when he deems it necessary to secure the safety of feed and control the quality of feed or receives a request from any consumer of feed for inspecting the matters of each subparagraph of Article 18 (1), inspect the feed. (2) The Minister of Agriculture and Forestry or the Mayor/Do governor may, when he inspects the feed under paragraph (1), have his public officials in charge or persons designated http://www.klri.re.kr/docs/eng/B6406445.html#C001800 http://www.klri.re.kr/docs/eng/B6406445.html#C002000 http://www.klri.re.kr/docs/eng/B6406445.html#C001300 http://www.klri.re.kr/docs/eng/B6406445.html#C001800 by the Minister of Agriculture and Forestry (hereinafter referred to as "feed inspectors") inspect the feed which is manufactured, imported or sold by a feed manufacturer, a feed importer or a distributor, or collect the minimum quantity of feed sample without compensation that is necessary to inspect the feed. (3) Necessary matters concerning qualifications for feed inspectors, the scope of their duties and procedures for designating them shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 20 (Designation of Feed Inspection Institutions) (1) In order to inspect the feed sample collected under Article 19, the Minister of Agriculture and Forestry may designate institutions equipped with necessary facilities as feed inspection institutions. (2) Necessary matters concerning requirements for designating feed inspection institutions under paragraph (1) and revoking such designations, the publication of their designations and the revocation of such designations and methods of inspecting feed, etc. shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 21 (Reinspection of Feed) (1) The Minister of Agriculture and Forestry or the Mayor/Do governor shall, when the relevant feed is found to be in violation of the feed process or to fall under each subparagraph of Article 22 as a result of the feed inspection conducted under Article 19, notify the relevant feed manufacturer or the relevant feed importer of the outcome of the inspection. (2) In the event that the feed manufacturer or the feed importer, who has been notified of the outcome of the inspection under paragraph (1), is dissatisfied with the outcome of the inspection, he may file a request, appended by an inspection certificate issued by a feed inspection certification institution, with the Minister of Agriculture and Forestry or the Mayor/Do governor for the reinspection of the feed in question under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (3) The Minister of Agriculture and Forestry or the Mayor/Do governor shall, upon receiving the request for the reinspection of the feed under paragraph (2), determine whether to conduct the reinspection and notify the relevant feed manufacturer or the relevant feed importer of the result thereof under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (4) The Minister of Agriculture and Forestry or the Mayor/Do governor shall, if he decides to conduct the reinspection of the feed under paragraph (3), promptly get the feed reinspected by a feed inspection certification institution designated under Article 20 and then notify the relevant feed manufacturer or the relevant feed importer of the result thereof. In this case, expenses, including reinspection fees and bonded warehouse charges, etc., involved in the reinspection shall be borne by the feed manufacturer or the feed importer who has asked for the reinspection. Article 22 (Steps for Disposal of Feed, etc.) http://www.klri.re.kr/docs/eng/B6406445.html#C001900 http://www.klri.re.kr/docs/eng/B6406445.html#C002200 http://www.klri.re.kr/docs/eng/B6406445.html#C001900 http://www.klri.re.kr/docs/eng/B6406445.html#C002000 In the event that the relevant feed falls under any of the following subparagraphs as a result of the inspection thereof conducted under Article 19, the Minister of Agriculture and Forestry or the Mayor/Do governor may get public officials in charge to take necessary steps to prohibit the feed in question from being manufactured, imported, sold or supplied, or order the manufacturer of the feed, the importer of the feed or the distributor of the feed to dispose of and recall the feed in question or to take necessary steps to prescribe the purpose of use and treatment methods, etc. in order to remove factors hazardous to the quality and safety of feed: 1.When the disparity between the feed and the registered ingredients exceeds or falls short of the standards prescribed by the Ordinance of the Ministry of Agriculture and Forestry; and 2.When the feed falls under each subparagraph of Article 13 (1). Article 23 (Revocation of Registration of Feed-Manufacturing Business) In the event that any feed manufacturer or any feed importer falls under any of the following subparagraphs, the Mayor/Do governor may revoke his business registration or order his business suspended, in whole or in part, for a fixed period of not more than 6 months: Provided, That, if he falls under subparagraph 1, his business registration shall be revoked: 1.When he has registered his business in a deceptive and unlawful manner; 2.When he falls short of the registration standards as provided for in Article 8 (2); 3.When he manufactures, imports, sells or supplies the feed which does not contain of registered ingredients; 4.When he commits a violation of the provisions of Article 13 (1); and 5.When he violates orders given under or by this Act. Article 24 (Disposition Taken for Imposing Penalty Surcharge) (1) In the event that any feed manufacturer or any feed importer falls under subparagraphs 2 through 5 of Article 23, the Mayor/Do governor may impose a penalty surcharge not exceeding 10 million won in lieu of the disposition taken for suspending his business: Provided, That the same shall not apply to the case prescribed by the Ordinance of the Ministry of Agriculture and Forestry from among the cases falling under subparagraph 4 of Article 23. (2) The amount of penalty surcharge imposed according to the category and extent of the violation act under paragraph (1) and other necessary matters shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. (3) In the event that a person liable for the payment of a penalty surcharge under paragraph (1) fails to do so by the payment time limit, the Mayor/Do governor shall collect such penalty surcharge according to the example of a disposition taken to collect local taxes in arrears. CHAPTER V SUPPLEMENTARY PROVISIONS http://www.klri.re.kr/docs/eng/B6406445.html#C001900 http://www.klri.re.kr/docs/eng/B6406445.html#C001300 http://www.klri.re.kr/docs/eng/B6406445.html#C000800 http://www.klri.re.kr/docs/eng/B6406445.html#C001300 http://www.klri.re.kr/docs/eng/B6406445.html#C002300 http://www.klri.re.kr/docs/eng/B6406445.html#C002300 Article 25 (Supervision) (1) The Minister of Agriculture and Forestry or the Mayor/Do governor may, when he deems it necessary to adjust the supply and demand of feed and control the quality of feed, require any feed manufacturer, any feed importer and any other person concerned to make necessary reports or get public officials in charge to enter offices, factories or warehouses of any feed manufacturer, any feed importer, any distributor, any feed inspection certification institution or any feed inspection institution to examine books and documents and inspect feed and other articles. (2) The Minister of Agriculture and Forestry or the Mayor/Do governor may, when he deems it necessary to prohibit the feed as prescribed in Article 13 (1) 7 from feeding animals, etc., get public officials in charge to enter farmhouses, etc. to inspect such feed. (3) The Minister of Agriculture and Forestry or the Mayor/Do governor may, when it is deemed necessary as a result of the inspection undertaken under paragraphs (1) and (2), order any feed manufacturer, any feed importer, any feed inspection certification institution, any feed inspection institution or any farmhouse, etc. to upgrade and supplement facilities, machinery and equipment, and take steps prescribed by the Ordinance of the Ministry of Agriculture and Forestry. Article 26 (Fees, etc.) (1) Any person falling under any of the following subparagraphs shall pay fees under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry: 1.Person who registers his feed-manufacturing business under Article 8 (1); and 2.Person who registers ingredients. (2) Any person falling under any of the following subparagraphs shall pay inspection fees under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry: 1.Person who commissions the inspection of his feed under Article 18 (2); 2.Person who commissions the inspection of his feed under Article 19 (1); and 3.Person who commissions the reinspection of his feed under Article 21 (2). Article 27 (Production of Certificates) Any person who performs the test, the inspection or the disposal under Article 17, 19, 22 or 25 (1) shall carry a certificate showing his authority and produce it to the persons concerned. Article 28 (Hearing) The Mayor/Do governor shall, when he intends to take a disposition for revoking the http://www.klri.re.kr/docs/eng/B6406445.html#C001300 http://www.klri.re.kr/docs/eng/B6406445.html#C000800 http://www.klri.re.kr/docs/eng/B6406445.html#C001800 http://www.klri.re.kr/docs/eng/B6406445.html#C001900 http://www.klri.re.kr/docs/eng/B6406445.html#C002100 http://www.klri.re.kr/docs/eng/B6406445.html#C001700 http://www.klri.re.kr/docs/eng/B6406445.html#C001900 http://www.klri.re.kr/docs/eng/B6406445.html#C002200 http://www.klri.re.kr/docs/eng/B6406445.html#C002500 registration of a feed manufacturer under Article 23, hold a hearing thereon. Article 29 (Delegation and Commission of Authority) (1) The Minister of Agriculture and Forestry may delegate part of his authority under this Act to heads of agencies under his jurisdiction or the Mayor/Do governor under the conditions as prescribed by the Presidential Decree. (2) The Minister of Agriculture and Forestry may commission the work of receiving feed import declarations and the work of inspecting feed under Article 17 to feed-related organizations. (3) The Mayor/Do governor may commission the work with respect to the registration of ingredients under Article 11 (1) to feed-related organizations under the conditions as prescribed by the Presidential Decree. Article 30 (Legal Fiction of Public Officials in Application of Penal Provisions) Officers and employees engaged in the inspection of feed in feed inspection certification institutions, officers and employees engaged in the inspection of feed in feed inspection institutions under Article 20 and officers and employees engaged in the commissioned work in feed-related organizations under Article 29 (2) or (3) shall be deemed public officials in the application of the provisions of Articles 129 through 132 of the Criminal Act. CHAPTER VI PENAL PROVISIONS Article 31 (Penal Provisions) Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 15 million won: 1.Person who has manufactured, imported or sold feed in contravention of Article 13 (1) or used such feed as raw materials for manufacturing another feed; and 2.Person who has used feed in contravention of Article 13 (2). Article 32 (Penal Provisions) Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 5 million won: 1.Person who has sold feed for other purpose in contravention of Article 7; 2.Person who has violated the provisions of Articles 8 (1) and 9 (1); 3.Person who has obstructed the work carried out by the feed safety manager under Article 9 (4) or failed to comply with a request from the latter without any justifiable reasons; http://www.klri.re.kr/docs/eng/B6406445.html#C002300 http://www.klri.re.kr/docs/eng/B6406445.html#C001700 http://www.klri.re.kr/docs/eng/B6406445.html#C001100 http://www.klri.re.kr/docs/eng/B6406445.html#C002000 http://www.klri.re.kr/docs/eng/B6406445.html#C002900 http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3500293&s linkjo=C012900&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3500293&s linkjo=C013200&s linklang=ENG http://www.klri.re.kr/docs/eng/B6406445.html#C001300 http://www.klri.re.kr/docs/eng/B6406445.html#C001300 http://www.klri.re.kr/docs/eng/B6406445.html#C000700 http://www.klri.re.kr/docs/eng/B6406445.html#C000800 http://www.klri.re.kr/docs/eng/B6406445.html#C000900 http://www.klri.re.kr/docs/eng/B6406445.html#C000900 4.Person who has manufactured, used or kept feed in a manner inconsistent with the feed process in contravention of Article 10 (2); 5.Person who has violated the provisions of Article 11 (1) or 12 (1) and (2); 6.Person who has violated the contents restricted by the Minister of Agriculture and Forestry under Article 14 (1); 7.Person who has violated the mixture restricted by the Minister of Agriculture and Forestry under Article 14 (2); 8.Person who has violated the provisions of Article 17 (1); 9.Person who has failed to get his feed inspected in contravention of Article 18 (1) or to commission the inspection of his feed in contravention of Article 18 (2); 10.Person who has violated orders given under Article 22; 11.Person who has continued to do his business in contravention of orders given to suspend his business under Article 23; and 12.Person who has violated orders given under Article 25 (3). Article 33 (Joint Penal Provisions) If the representative of a corporation or the agent, the employed or any other employee of an individual commits an act of violating Article 31 or 32 in connection with the business of the corporation or the individual, such corporation or such individual shall be fined under the respective Article in addition to the punishment of the actor. Article 34 (Fine for Negligence) (1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 5 million won: 1.Person who has failed to ask a feed manufacturer for correction or to file a report thereon with the Mayor/Do governor in contravention of the former part of Article 9 (3); 2.Person who has failed to file a report required under the former part of Article 9 (3) with the Mayor/Do governor due to his negligence; 3.Person who has failed to comply with the standards for superior manufacture management and intensive control of hazardous elements; 4.Person who has rejected, obstructed or dodged the feed inspection under Article 19 (2); and 5.Person who has failed to file a report in contravention of Article 25 (1) or rejected, obstructed or dodged the inspection. (2) The fine for negligence referred to in paragraph (1) shall be imposed and collected by the Minister of Agriculture and Forestry or the Mayor/Do governor under the conditions as http://www.klri.re.kr/docs/eng/B6406445.html#C001000 http://www.klri.re.kr/docs/eng/B6406445.html#C001100 http://www.klri.re.kr/docs/eng/B6406445.html#C001200 http://www.klri.re.kr/docs/eng/B6406445.html#C001400 http://www.klri.re.kr/docs/eng/B6406445.html#C001400 http://www.klri.re.kr/docs/eng/B6406445.html#C001700 http://www.klri.re.kr/docs/eng/B6406445.html#C001800 http://www.klri.re.kr/docs/eng/B6406445.html#C001800 http://www.klri.re.kr/docs/eng/B6406445.html#C002200 http://www.klri.re.kr/docs/eng/B6406445.html#C002300 http://www.klri.re.kr/docs/eng/B6406445.html#C002500 http://www.klri.re.kr/docs/eng/B6406445.html#C003100 http://www.klri.re.kr/docs/eng/B6406445.html#C003200 http://www.klri.re.kr/docs/eng/B6406445.html#C000900 http://www.klri.re.kr/docs/eng/B6406445.html#C000900 http://www.klri.re.kr/docs/eng/B6406445.html#C001900 http://www.klri.re.kr/docs/eng/B6406445.html#C002500 prescribed by the Presidential Decree. (3) Any person who is dissatisfied with a disposition taken to impose a fine for negligence on him under paragraph (2) may raise an objection to the Minister of Agriculture and Forestry or the Mayor/Do governor within 30 days from the day on which he is notified of such disposition. (4) In the event that a person subjected to a disposition taken to impose a fine for negligence on him under paragraph (2) raises an objection under paragraph (3), the Minister of Agriculture and Forestry or the Mayor/Do governor shall promptly notify the competent court of the fact and the competent court shall, upon receiving the notice thereof, put the case on trial in accordance with the Non-Contentious Case Litigation Procedure Act. (5) In the event that a person fails to raise an objection within the period in paragraph (3) and to pay the fine for negligence, the fine for negligence in question shall be collected according to the example of a disposition taken to collect national or local taxes in arrears. ADDENDA (1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (2) (Transitional Measures concerning Application for Registration of Feed-manufacturing Business and Ingredients) Any person who files an application for the registration of his feed manufacturing business and ingredients under the previous provisions at the time that this Act enters into force shall be governed by the previous provisions. (3) (Transitional Measures concerning Penal Provisions and Fine for Negligence) The application of the penal provisions and the fine for negligence to any act committed prior to the enforcement of this Act shall be governed by the previous provisions. ADDENDA <Act No. 6627, Jan. 26, 2002> Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2002. Articles 2 through 7 Omitted. http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3504423&s linkjo=NO&s linklang=ENG