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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ASSISTANCE IN ENVIRONMENT-FRIENDLY FREE MEAL PROGRAMS, ETC.
Partial Amendment No. 6754, Jan. 04, 2018 Partial Amendment No. 6914, Oct. 04, 2018

Article 1 (Purpose) The purpose of this Ordinance is to promote the physical and mental development and the formation of good eating habits of children and juveniles during the period of their growth by subsidizing expenses incurred in providing school meals to schools, etc. in Seoul Metropolitan City pursuant to the School Meals Act, the Infant Care Act, the Early Childhood Education Act and the Enforcement Decree of said Act, the Dietary Education Assistance Act, and the Food Sanitation Act, and to contribute to the completion of the system for supply of and demand for environment-friendly agricultural, fishery, and livestock products and to the sustainable development of communities by encouraging consumption of environment-friendly agricultural, fishery, and livestock products or processed products therefrom. <Amended by Ordinance No. 5644, Jan. 9, 2014; Ordinance No. 6486, May 18, 2017>

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Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6486, May 18, 2017; Ordinance No. 6754, Jan. 4, 2018>
1. "Environment-friendly meals" means meals provided through an ecologically sustainable, safe process of production, processing, and distribution under the principle of preventing probable hazards in all food ingredients in advance, giving top priority to health, the environment, and ecosystem;
2. "Environment-friendly school meals" means environment-friendly meals provided to the entities eligible for the subsidization under Article 4 by the State or a local government for expenses incurred in providing such meals in order to realize the purpose specified in Article 1;
3. "School meal program" means an educational program implemented by a variety of means, such as dietary education and practice in farming villages, in connection with school meals, in order to achieve the purpose specified in Article 1;
4. "Meal expenses" means the amount the Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") determines to subsidize necessary meal expenses, including food costs and operating expenses for meal services;
5. "Food cost" means the cost of a food ingredient and processed products used for cooking, processing, and producing staple foods, side dishes, snacks, etc. for meals;
6. "System for the supply of and demand for environment-friendly agricultural, fishery, and livestock products" means a system for the supply of and demand for agricultural products grown under prior agreements with farmers, certified as environment-friendly, under the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods, Etc. (hereinafter referred to as "Environment-Friendly Agriculture and Fisheries Act"), fishery and livestock products, and processed food products produced from such products as raw materials;
7. "Food ingredients" means raw materials used to cook and process foods for meals, which shall meet the following criteria as safe agricultural, fishery, and livestock products conforming to the standards prescribed in the Food Sanitation Act and foods manufactured or processed from such raw materials, which fall under the following, which are traceable and whose channel of distribution is transparent:
(a) Agricultural and livestock products produced in accordance with the system for the supply of and demand for environment-friendly agricultural products and products produced from such raw materials;
(b) Certified agricultural and fishery products under the Environment-Friendly Agriculture and Fisheries Act;
(c) Certified agricultural and fishery products under the Agricultural and Fishery Products Quality Control Act;
(d) Livestock products rated to a specified or higher grade under the Livestock Industry Act and the Livestock Products Sanitary Control Act, which meet the Hazard Analysis and Critical Control Point Standards, and are traceable under the Livestock and Livestock Products Traceability Act;
(e) Foods with the quality certification as traditional foods under the Food Industry Promotion Act;
(f) Other agricultural products certified as good specialties by the head of a local government;
8. "Environment-Friendly Distribution Center" means the facility operated by the Seoul Agro-Fisheries and Food Corporation to supply food ingredients for environment-friendly meals in order to achieve the purpose specified in Article 1.
[This Article Wholly Amended by Ordinance No. 5644, Jan. 9, 2014]

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Article 3 (Formulation and Implementation of Plans for Assistance in School Meals) (1) The Mayor shall formulate a plan for assistance in school meals, etc. (hereinafter referred to as "assistance plan") including the following every year following deliberation by or after seeking advice from the Council for Assistance in Environment-Friendly School Meals under Article 9: <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 6486, May 18, 2017; Ordinance No. 6754, Jan. 4, 2018>
1. Matters concerning the formulation of medium-term and long-term plans to assist environment-friendly school meals and budget support therefor;
2. Matters concerning the amount of assistance in, method of assisting and budget support for environment-friendly school meals to be provided by the Mayor with respect to matters determined by the Superintendent of the Seoul Metropolitan Office of Education (hereinafter referred to as "Superintendent of Education") pursuant to Article 10 of the Enforcement Decree of the School Meals Act;
3. Matters concerning the establishment of a system for the supply of and demand for safe, environment-friendly agricultural, fishery, and livestock products, and a plan to provide support therefor;
4. Matters concerning budget support for the operation of school meal programs;
5. Matters concerning cooperation with related institutions, such as the Seoul Metropolitan Office of Education (hereinafter referred to as "Office of Education"), and assistance programs;
6. Matters concerning preferential assistance to schools that directly manage meal services;
7. Matters concerning assistance in meals for students from low-income families during vacations and holidays;
8. Matters concerning evaluation of outcomes following the implementation of the assistance plan for the preceding year;
9. Other matters the Mayor deems necessary for assistance in school meals.
(2) The Mayor shall formulate an assistance plan under paragraph (1) by the end of September each year and shall reflect necessary expenses for the assistance plan in the budget for the following year.
(3) The Mayor shall consult with the Superintendent of Education and the head of each autonomous Gu in Seoul Metropolitan City (hereinafter referred to as "head of each Gu") thoroughly on matters such as the ratio of financial allocation before formulating the assistance plan. <Amended by Ordinance No. 5863, May 14, 2015>
(4) The Mayor shall notify the Superintendent of Education and the head of each Gu of the assistance plan under paragraph (1) and shall report it to the Seoul Metropolitan Council (hereinafter referred to as the "Metropolitan Council").
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 4 (Entities Eligible for Assistance) (1) The entities eligible for assistance in environment-friendly school meals shall be the following educational institutions or facilities (hereinafter referred to as "schools, etc.") situated in Seoul Metropolitan City (hereinafter referred to as the "City") and falling under the following: <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6486, May 18, 2017>
1. Schools subject to the meal program under Article 4 of the School Meals Act;
2. Kindergartens under Article 10 of the Early Childhood Education Act;
3. Child-care centers under Article 10 of the Infant Care Act;
4. Other facilities that the Mayor and the Superintendent of Education deem necessary.
(2) Preferential assistance shall be provided to compulsory education institutions eligible for assistance in meals under paragraph (1).
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 5 (Amount and Method of Subsidization) (1) The Mayor shall subsidize the Superintendent of Education and the head of each Gu for meal expenses, with cash or in kind, within budgetary limits, in order to implement the assistance plan under Article 3.
(2) The amount, details, etc, of subsidization for meal expenses under paragraph (1) shall be determined by the Mayor following deliberation by the Council for Assistance in Environment-Friendly School Meals under Article 9. <Amended by Ordinance No. 6486, May 18, 2017>
(3) The Mayor may provide assistance to kindergartens and elementary and secondary schools through the Superintendent of Education or the head of each Gu, and to child-care centers directly or through the head of each Gu. <Amended by Ordinance No. 5863, May 14, 2015>
(4) Other matters concerning the procedure and method for assistance shall be prescribed by municipal rules. <Newly Inserted by Ordinance No. 5644, Jan. 9, 2014>
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 6 (Application for Subsidization) (1) The head of a school, who wishes to be subsidized for meal expenses shall file an application for subsidization for meal expenses with the Superintendent of Education through the head of an education support office, and the head of a child-care center who wishes to receive such subsidy, shall file an application for subsidization with the head of the relevant Gu. <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6754, Jan. 4, 2018>
(2) The Superintendent of Education or the head of a Gu shall forward the applications filed under paragraph (1) to the Mayor, and the Mayor shall compile the applications and submit them to the Council for Assistance in Environment-Friendly School Meals. <Amended by Ordinance No. 6486, May 18, 2017>
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 7 (Obligation of Subsidized Entities) (1) The head of each school or facility receiving a subsidy shall use the subsidy in accordance with the decision granting the subsidy.
(2) The head of each school, etc. receiving a subsidy for meal expenses shall submit a statement of the use of the subsidy to the Superintendent of Education through an education support office, and the head of each child-care center receiving such a subsidy shall submit a statement of the use of the subsidy to the head of the relevant Gu. <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6754, Jan. 4, 2018>
(3) The Superintendent of Education and the head of each Gu shall submit a report on the results of execution of subsidies to the Mayor each year.
(4) Subsidized schools, etc. shall comply with the Mayor's inspections on meals, requests for the submission of documents, accounting audits, etc. <Amended by Ordinance No. 5644, Jan. 9, 2014>
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 8 (Assistance to Support Centers for School Meals) The Mayor may provide administrative and financial assistance to the head of each Gu for the establishment and operation of the support center for school meals under Article 5 (4) of the School Meals Act.
[This Article Wholly Amended by Ordinance No. 5644, Jan. 9, 2014]

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Article 8-2 (Providing Assistance in Environment-Friendly School Meals) (1) The Mayor shall conduct the following affairs in order to efficiently provide environment-friendly school meals: <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6486, May 18, 2017; Ordinance No. 6754, Jan. 4, 2018>
1. Formulation and management of an action plan based on an assistance plan under Article 3;
2. Survey of actual conditions of schools, producers, facilities for distribution and processing, etc. for environment-friendly school meals and collection and analysis of relevant data;
3. Assistance in policies related to a system for providing meals, such as the production, distribution, supply, etc. of food ingredients for school meals;
4. Dietary guidance and education, and assistance in school meal programs in cooperation with the Office of Education and schools;
5. Analysis and evaluation of the results achieved in the assistance plan for the preceding year;
6. Formulation of quality standards for and monitoring of food ingredients for safety in meals;
7. Programs for cooperation with and assistance to related agencies, including the Office of Education and support centers for school meals in each autonomous Gu;
8. Other matters concerning the development of policies related to assistance in environment-friendly school meals.
(2) through (4) Deleted. <by Ordinance No. 5863, May 14, 2015>
[This Article Wholly Amended by Ordinance No. 5644, Jan. 9, 2014]

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Article 8-3 (Environment-Friendly Distribution Center) (1) The Mayor may establish and operate a Seoul Environment-Friendly Distribution Center (hereinafter referred to as the "Environment-Friendly Distribution Center") in order to supply safe and good food ingredients to schools, etc.
(2) The Environment-Friendly Distribution Center shall provide the following services: <Amended by Ordinance No. 5863, May 14, 2015>
1. Establishment of a system for the supply and delivery of agricultural, fishery, and livestock products for school meals;
2. Selection, evaluation, and management of suppliers and deliverers of food ingredients;
3. Management such as adjustment and allocation of schools for each supplier or deliverer and distribution of supply zones;
4. Determination and management of the supply prices of food ingredients;
5. Quality and safety management of supplied agricultural, fishery, and livestock products;
6. Development and management of good producers of agricultural, fishery, and livestock products;
7. Matters concerning punishment of shippers and distributors of unacceptable food ingredients;
8. Formation and operation of the steering committee of the Environment-Friendly Distribution Center;
9. Survey and evaluation on the degree of satisfaction of clients of school meals;
10. Determination and management of the rates of user fees for the use of the Environment-Friendly Distribution Center;
11. Matters concerning the administration of and assistance in environment-friendly experience education in cooperation with producers;
12. Other matters the Mayor deems necessary in connection with the supply of food ingredients for environment-friendly meals.
(3) The Mayor shall entrust the operation of the Environment-Friendly Distribution Center to the Seoul Agro-Fisheries and Food Corporation.
[This Article Wholly Amended by Ordinance No. 5644, Jan. 9, 2014]

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Article 8-4 (Sanitation and Safety Inspections) (1) In order to improve the quality of school meals and secure safety thereof, the Mayor may require public officials in charge of food sanitation or school meals to enter school meal facilities to inspect or examine foods, facilities, documents, or work process, and collect food samples, free of charge, in the minimum quantity necessary for examination.
(2) A public official who intends to enter a facility for inspection, examination, or collection of food samples under paragraph (1) shall carry an identification certificate indicating his/her authority and shall present it to the relevant persons.
[This Article Wholly Amended by Ordinance No. 5644, Jan. 9, 2014]

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Article 9 (Formation of Council for Assistance in Environment-Friendly School Meals) (1) The Mayor shall establish and operate the Seoul Metropolitan Government Council for Assistance in Environment-Friendly School Meals (hereinafter referred to as the "Council") in order to deliberate and seek advice on the following matters: <Amended by Ordinance No. 5644, Jan. 9, 2014; Ordinance No. 5863, May 14, 2015; Ordinance No. 6486, May 18, 2017>
1. Formulation and evaluation of assistance plans;
2. The amount and method of subsidization for environment-friendly free meals and entities eligible for such subsidization;
3. Assistance in improving the quality and nutrition of school meals;
4. Assistance in programs for the improvement of dietary habits;
5. Assistance in school meal programs;
6. Other matters necessary to provide environment-friendly school meals.
(2) The Council shall be comprised of not more than 20 members, including the chairperson, and council members shall be appointed or commissioned by the Mayor from among the following persons: <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6754, Jan. 4, 2018>
1. The Director-General in charge of school meals in the Seoul Government;
2. The Director-General in charge of school meals in the Office of Education;
3. Members of the Metropolitan Council, recommended by the Chairperson of the Metropolitan Council;
4. Persons recommended by the Council of Heads of Gu;
5. Persons recommended by associations of nutritionists and cooks;
6. Persons recommended by parents' associations;
7. Principals or teachers recommended by teachers' associations'
8. Persons recommended by associations of environment-friendly farmers;
9. Experts in meal services or persons recommended by non-governmental organizations;
10. Other persons the Mayor deems necessary.
(3) The chairpersons shall be elected by the Council from among its members, and one vice chairperson shall be elected by the Council from among its commissioned members, while the Director of the division in charge of school meals shall serve as executive secretary. <Amended by Ordinance No. 6486, May 18, 2017>
(4) The term of office of a commissioned member shall be two years and may be renewed consecutively only once, whereas the term of office of a member appointed or commissioned to fill a vacancy shall be the remaining term of his/her predecessor.
(5) If a commissioned member is unable to perform his/her duties due to any extenuating circumstance, the Mayor may dismiss such commissioned member from office. <Amended by Ordinance No. 6754, Jan. 4, 2018>
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 10 (Operation of Council) (1) The chairperson shall convene meetings of the Council and shall preside over such meetings.
(2) Meetings of the Council shall be classified as regular meetings and special meetings, and regular meetings shall be held at least semiannually, while special meetings shall be convened at the request of the chairperson or at least one-third of the council members.
(3) A meeting of the Council shall be duly opened with the attendance of at least a majority of incumbent members, and a resolution shall be adopted by the concurrent votes of a majority of members present at the meeting.
(4) Members, etc. who attend a meeting of the Council may be paid allowances, travel expenses, etc., within the budgetary limits, pursuant to the Seoul Metropolitan Government Ordinance on Payment of Allowances and Travel Expenses to Members of Committees. <Amended by Ordinance No. 5863, May 14, 2015; Ordinance No. 6754, Jan. 4, 2018>
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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Article 11 (Guidance, Supervision, etc.) (1) The Mayor and the Superintendent of Education shall confirm whether subsidies provided have been used for the purposes thereof, and provide guidance and exercise supervision on a regular basis, and report the result thereof to the Metropolitan Council. <Amended by Ordinance No. 5998, Oct. 8, 2015>
(2) Where the head of a school, etc. subsidized for meal expenses neglects his/her obligation prescribed in Article 7 or uses a subsidy in violation of the purpose of that subsidization, the Mayor may amend or revoke the decision to grant subsidies or recover the subsidies already granted and may conduct an accounting audit, where necessary. <Amended by Ordinance No. 5644, Jan. 9, 2014; Ordinance No. 6754, Jan. 4, 2018>
(3) The Mayor shall disclose details about subsidization for school meals in a transparent manner through the web-site of the Seoul Metropolitan Government, etc.
[This Article Wholly Amended by Ordinance No. 5228, Jan. 5, 2012]

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ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Ordinance)
The Seoul Metropolitan Government Ordinance on Assistance in School Meals is hereby repealed.
Article 3 (Transitional Measures)
(1) Programs for assistance in meals, already determined and executed as at the time this Ordinance enters into force shall be deemed programs determined and executed under this Ordinance.
(2) Free meals for compulsory education institutions shall be provided in elementary schools as from 2011 and in secondary schools as from 2012.
ADDENDA <Ordinance No. 5228, Jan. 5, 2012>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Ordinance)
The Seoul Metropolitan Government Ordinance on Assistance in School Meals is hereby repealed.
Article 3 (Transitional Measures)
(1) The programs for assistance in meals, already determined and executed as at the time this Ordinance enters into force shall be deemed programs determined and executed under this Ordinance.
(2) Assistance in free meals for compulsory education institutions shall be provided by the Mayor in elementary schools as from 2011 and in secondary schools as from 2012.
ADDENDUM <Ordinance No. 5644, Jan. 9, 2014>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5863, May 14, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6486, May 18, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6754, Jan. 4, 2018>
This Ordinance shall enter into force on the date of its promulgation.

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