Food Inspection

Products Covered by the Food Sanitation Act

Importers must confirm that their food and related products contain no toxic or hazardous substances and meet the standards and specifications of the Korean Food Code and the Korean Food Additives Code, and must label them according to the prescribed labeling standards. (Food Sanitation Act, Arts. 4 to 9; Act on Labeling and Advertising of Foods, Art. 4)

Key Review Points

1. Whether the product is prohibited from import
2. Whether the raw materials are acceptable (permitted as food ingredients, and restricted ingredients used appropriately)
3. Compliance with the usage standards for food additives
4. Compliance with manufacturing and processing standards
   Note: For food additives, check the solvents used to manufacture or process the additive and their residual levels
5. Compliance with labeling standards, and no false or exaggerated labeling or advertising
6. Compliance with the standards and specifications of the Korean Food Code and the Korean Food Additives Code
7. For utensils, containers, and packaging, the names of all materials in parts that contact food
8. Whether GMO labeling is required
9. To label a product "organic," it must be certified by a certification body designated by the Korean government, or hold organic processed food certification from a foreign government or certification body recognized as equivalent by Korea, and a separate imported organic food report must be filed before customs clearance

(Item 5: Act on Labeling and Advertising of Foods, Arts. 4 and 8 / Item 9: Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods, Arts. 23, 23-2, and 25)

Health Functional Foods

Health functional foods can be imported only if they meet the standards and specifications set by the MFDS and follow the prescribed labeling standards, so they should be reviewed before import. (Standards and specifications: Health Functional Foods Act, Art. 14; labeling: Act on Labeling and Advertising of Foods, Art. 4)

Key Review Points

1. Ingredient composition — We check that the ingredients are permitted as food ingredients, that no unapproved food additives are used, and that additives with set usage limits are used within those limits. The import declaration lists only the proportions of the main ingredients and the amounts or proportions of additives with set usage limits.
2. Description of the manufacturing method — We check compliance with manufacturing and processing standards. If the product is heat-treated, it is best to state the conditions in detail (e.g., __ °C for __ minutes) so that pasteurization can be distinguished from sterilization.
3. Compliance with the ingredient specifications in the health functional food standards and specifications
4. Intended use and directions for use
5. The actual product and its packaging (for false or exaggerated labeling)
6. Other reference materials (certificate of analysis or inspection, product description)

For details, contact your nearest Regional Office of Food and Drug Safety (Seoul, Busan, Gyeongin, Daejeon, Daegu, or Gwangju).

Imported Food Inspection Process

Step-by-Step Explanation

1. Applicant
   • Anyone who intends to import food and related products or health functional foods
2. Submitting the import declaration
   • Submit it to the Regional Office of Food and Drug Safety with jurisdiction over the place of clearance. You may file up to 5 days before the expected arrival date.
   (Special Act on Imported Food Safety Control, Art. 20; Enforcement Rule of the same Act, Art. 27)
3. Document inspection
   • An inspection that reviews the declaration documents and other materials to determine compliance.
4. On-site inspection (including sensory evaluation)
   • An inspection that determines compliance by assessing the product's properties, condition, taste, odor, color, labeling, and packaging, together with its laboratory inspection history. It includes sensory evaluation (assessing the product with the human senses) according to the standards and methods set by the MFDS.
5. Laboratory inspection
   • An inspection using physical, chemical, or microbiological methods.
6. Random sampling inspection
   • An inspection using physical, chemical, or microbiological methods under the MFDS sampling plan.
7. Sample collection
   • Inspectors visit the storage warehouse or other site to collect samples.
   • Sampling and handling follow the methods in the Korean Food Code and the Health Functional Food Code.
8. Laboratory testing by a testing agency
   • Testing follows the ingredient specifications and test methods in the Korean Food Code, the Korean Food Additives Code, and the Health Functional Food Code.
9. Pass/fail decision
   • The decision is based on the Korean Food Code, the Korean Food Additives Code, the Health Functional Food Code, the labeling standards, and other criteria.
10. Pass
    • The product passes if it complies with the Special Act on Imported Food Safety Control, the Food Sanitation Act and its subordinate regulations, and the Health Functional Foods Act.
11. Import declaration certificate issued
    • An import declaration certificate for the imported food is issued.
    (Enforcement Rule of the Special Act on Imported Food Safety Control, Art. 30(1) and Form No. 28)
12. Customs clearance
    • Once duties are paid, the goods become domestic goods.
13. Domestic distribution
    • The imported food is manufactured, processed, or sold.
14. Post-market monitoring
    • Regional Offices of Food and Drug Safety and provincial and local governments carry out post-market monitoring.
15. Fail
    • The product fails if it does not comply with the Special Act on Imported Food Safety Control, the Food Sanitation Act and its subordinate regulations, or the Health Functional Foods Act.
16. Notice of failure to the importer, storage operator, and customs office
    • The Regional Office of Food and Drug Safety sends a notice of failure to the declarant and also notifies the storage operator and the competent customs office.
    (Enforcement Rule of the Special Act on Imported Food Safety Control, Art. 34(1))
17. Return, destruction, etc.
    • Within 1 year of receiving the notice of failure, the importer must do one of the following:
      • Return the goods to the exporting country or ship them to another country
      • Convert them to animal feed with the approval of the Minister of Agriculture, Food and Rural Affairs (if the material is usable as feed)
      • Provide them to a central government agency or local government for public, non-food purposes
      • Destroy them
    (Enforcement Rule of the Special Act on Imported Food Safety Control, Art. 34(1))