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SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON FOOD SAFETY

Article 1 (Purpose) The purpose of this Ordinance is to provide for fundamental matters for the implementation of policies on food safety pursuant to the Framework Act on Food Safety and other statutes and regulations regarding food safety so as to enable citizens to lead a healthy and safe dietary life through continuous implementation of food safety control.

Article 2 (Basic Philosophy) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"), citizens, and business entities shall fulfill their responsibilities and roles for ensuring the safety of foods from the stage of production of the goods specified in the items of subparagraph 2 of Article 2 (hereinafter referred to as "foodstuffs") of the Framework Act on Food Safety (hereinafter referred to as the "Act") through the stage of consumption of such foodstuffs.

Article 3 (Definitions) Terms used in this Ordinance shall be defined as follows:
1. "Foods" refers to all kinds of foodstuffs: Provided, That those taken as medicine shall be excluded herefrom;
2. "Food safety" means ensuring prevention of citizens from being harmed when they handle or take foods for their originally intended purposes.

Article 4 (Basic Principles) The Mayor shall establish and enforce policies on food safety based on the following basic principles:
1. Scientific rationality;
2. Consistency;
3. Transparency;
4. Promptness;
5. Prior prevention.

Article 5 (Relationships with Other Acts and Regulations) Except as otherwise expressly provided for in other statutes, regulations and Ordinances of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"), the enforcement of policies on food safety shall be governed by this Ordinance.

Article 6 (Responsibilities Mayor) The Mayor shall establish and enforce comprehensive and systematic policies on food safety and shall endeavor to eliminate hazards to citizen's health that may be caused by foodstuffs and to secure food safety in advance.

Article 7 (Responsibilities of Business Entities) (1) Each business entity shall comply with the following subparagraphs in producing, collecting, manufacturing, processing, importing, transporting, storing, cooking, or selling (hereinafter referred to as "production or sales") foodstuffs good and safe for citizens' health:
1. Each business entity shall endeavor to ensure the safety of foods according to characteristics of each food dealt with by it;
2. Each business entity shall take correct and prompt measures necessary for eliminating an actual or likely hazard to a citizen's health by any food dealt with by it;
3. Each business entity shall provide consumers with correct and adequate information about ensuring food safety in connection with foodstuffs dealt with by it;
4. Each business entity shall keep and preserve records of information about the production or sales of foodstuffs so as to perform its obligations under subparagraphs 1 through 3.
(2) Each business entity shall cooperate with the Mayor in the policies enforced by the Mayor in order to ensure food safety.

Article 8 (Responsibilities of Heads of Gu) The head of each Gu (hereinafter referred to as "head of Gu") shall establish policies, in which local particulars shall be reflected, in order to ensure food safety in the district within his jurisdiction in compliance with the Seoul Government's policies on food safety and shall enforce such policies in good faith.

Article 9 (Rights and Roles of Citizens) (1) Every citizen has a right to request the disclosure of information about food safety pursuant to Article 24 (4) of the Act and may express his or her opinions on food safety and participate in the establishment and enforcement of policies thereon.
(2) Every citizen shall endeavor to behave reasonably in selecting foods, to improve sanitary conditions of foods in the course of food consumption, and to eliminate harmful foods.
(3) Every citizen shall cooperate proactively in policies on food safety.

Article 10 (Establishment and Implementation of Implementation Plan for Food Safety Control) (1) The Mayor shall establish and implement an implementation plan for food safety control each year based on the basic plan for food safety control under Article 6 of the Act.
(2) The Mayor shall collect opinions from citizens and business entities before establishing an implementation plan for food safety control and shall present the plan before the Seoul Metropolitan Government Food Safety Measures Committee (hereinafter referred to as the "Committee") for deliberation.
(3) The Mayor shall, when he or she establishes an implementation plan for food safety control, make a public announcement thereof without delay.

Article 11 (Establishment of Food Safety Measures Committee) The Committee shall be established in order to deliberate, coordinate, and advise on the following matters: <Amended by Ordinance No. 5900, May 14, 2015>
1. Deliberation and coordination on implementation plans for food safety control;
2. Deliberation and coordination on main policies on food safety;
3. Presentation of domestic and overseas trends of food safety and expert opinions thereon;
4. Collection of opinions about food safety accidents and recommendations of comprehensive countermeasures therefor;
5. Recommendations about the operation of the system for citizens' petitions for inspections on food safety;
6. Other matters that the Mayor brings to the Committee to seek for advice thereon.

Article 12 (Composition) (1) The Committee shall consist of up to 25 members, including two chairpersons and two vice chairpersons; and the number of members of a particular gender shall not exceed 6/10 of the total number of the commissioned members under the main clause of Article 21 (2) of the Framework Act on Gender Equality: Provided, That this shall not apply where a resolution is adopted by the Working Committee on Gender Equality on the grounds that there exist unavoidable circumstances such as the shortage of professionals of a particular gender in the relevant field under the proviso of the same paragraph. <Amended by Ordinance No. 6851, Mar. 22, 2018>
(2) The competent Director General of the Seoul Government food safety policy and a committee member elected from among commissioned members shall serve as joint committee chairpersons. <Amended by Ordinance No. 5484, May 16, 2013; Ordinance No. 6068, Jan. 7, 2016>
(3) A public official in the rank of the General of the Bureau related to the Seoul Government's policies on food safety and a committee member elected from among commissioned members shall serve as vice committee chairpersons. <Amended by Ordinance No. 6068, Jan. 7, 2016>
(4) Commissioned committee members shall be comprised of two members of the Committee of Health and Welfare, who shall be recommended by the Seoul Metropolitan Council, and persons commissioned by the Mayor from among experts in food safety or persons recommended by the organizations of food safety, consumers, and parents. <Amended by Ordinance No. 6068, Jan. 7, 2016>
(5) The Committee shall have one secretary, and the team manager of the Division in charge of policies on food safety shall serve as the secretary. <Amended by Ordinance No. 6068, Jan. 7, 2016>
(6) The term of office for each committee member shall be two years but may be renewed consecutively: Provided, That the term of service for a public official who serves as a committee member shall correspond to the term of service in his or her position as a public official.

Article 13 (Exclusion of Committee Members) (1) If it is difficult to expect impartiality from a committee member in any of the following cases, such committee member shall be excluded from the case at issue:
1. Where a committee member had or has an interest in the case at issue;
2. Where a committee member was or is a relative of a party to the case at issue.
(2) If either party to a case brought before the Committee finds it difficult to expect impartiality from a committee member on a ground specified in any subparagraph of paragraph (1), the party may file a challenge against the committee member.
(3) The committee chairpersons shall, upon receiving a challenge under paragraph (2), make a decision on whether to accept the challenge, hearing the Committee's opinion thereon. If a challenge is upheld as reasonable in such cases, the committee member challenged shall not be involved in the case at issue. <Amended by Ordinance No. 5900, May 14, 2015>
(4) A committee member who falls under paragraph (1) or (2) may voluntarily abstain from participating in the case at issue.

Article 13-2 (Cancellation of Commission of Committee Members) The Mayor may cancel the commission of any Committee member falling under any of the following:
1. Where the member himself or herself desires the cancellation of the commission;
2. Where the member is unable to perform his or her duties due to causes such as a disease requiring a long-term medical care or overseas trip for at least six months;
3. Where the member diverges secrecy acquired in the course of performing his or her duty or uses the contents thereof personally;
4. Where any misdeed occurs in relation to the duty of the member, or where a misdeed deemed inappropriate to maintain his or her position as the Committee member occurs;
5. In cases of a person for whom five years have not passed since imprisonment without prison labor or heavier punishment as declared by a court was completely executed or exempted, a person for whom two years have not passed since the period of suspension of imprisonment without prison labor or any heavier punishment sentenced onto him or her ended, or a person under a suspended sentence of imprisonment without prison labor or any heavier punishment as declared by a court;
6. The member fails to abstain from participating in the case at issue although he or she falls under Article 13 (2);
7. Where the member is deemed inappropriate to be the Committee member due to neglect of duties, injury to dignity, or other causes.
[This Article Newly Inserted by Ordinance No. 6068, Jan. 7, 2016]

Article 14 (Meetings) The Committee's meetings shall be classified into annual meetings and special meetings, and an annual meeting shall be held once a year, while a special meeting shall be convened by the committee chairpersons whenever necessary. <Amended by Ordinance No. 5900, May 14, 2015>

Article 14-2 (Subcommittees) (1) For an efficient operation of the Committee, the subcommittee for each sector may be organized and operated.
(2) Each subcommittee shall handle the matters entrusted by the Committee or investigate, coordinate, and deliberate on the matters designated by the chairpersons, and report the result thereof to the chairpersons.
(3) Each subcommittee shall be comprised of up to 10 members, including one subcommittee chairperson.
(4) Each subcommittee chairperson shall be elected by the relevant subcommittee from among its members.
[This Article Newly Inserted by Ordinance No. 5484, May 16, 2013]

Article 15 (Allowances) Committee members who attend a meeting of the Committee may be reimbursed for allowances and other expenses within the budget: Provided, That the foregoing shall not apply to committee members who attent a meeting as public officials in direct connection with their duties.

Article 16 (Duty of Confidentiality) Committee members and other persons who are involved in the business of the Committee shall not disclose any confidential information known to them in the course of the performance of their duties.

Article 17 (Composition and Operation of Food Safety Council) (1) The Mayor shall establish the Food Safety Council (hereinafter referred to as the "Council") in order to enforce policies on food safety by strengthening the connection and cooperative relationships with related agencies and organizations.
(2) The Council shall be comprised of the Mayor and representatives from organizations that entered into an agreement with the Mayor, among organizations representing the sectors of the production, manufacturing, distribution, marketing, and consumption of foods respectively.
(3) The Council shall carry out the following activities:
1. Strengthening the connection and cooperative relationships between agencies and organizations for the supply of safe foods;
2. Sharing information about food safety;
3. Jointly promoting cooperative programs, including an integrated certification system for food safety under Article 27 (1);
4. Other activities considered necessary by the Mayor.
(4) Council members who attend a meeting of the Council may be reimbursed for allowances within the budget: Provided, That the Mayor shall not be reimbursed for such allowances.
[This Article Wholly Amended by Ordinance No. 5051, Nov. 4, 2010]

Article 18 (Survey and Research) The Mayor shall conduct surveys and researches on the safety of foodstuffs in order to enforce policies for ensuring food safety and shall endeavor to develop technologies for the testing and inspection of foodstuffs through testing and research institutes under his or her control.

Article 19 (Follow-up Study) The Mayor shall collect and analyze information about foodstuffs that have caused or are likely to cause serious harm to citizens' health and shall conduct follow-up studies pursuant to Article 18 of the Act, if necessary.

Article 20 (Education and Advocacy) (1) The Mayor shall endeavor to produce and distribute data about food safety and promote activities for the education and advocacy of food safety with cooperation from educational institutions, non-governmental organizations, and other related institutions.
(2) The Mayor may provide citizens, business entities, and related public officials with educational programs to improve and enhance the level and quality of food safety in the Seoul Government.

Article 21 (Financial and Technical Support) (1) Pursuant to Article 27 of the Act, the Mayor may provide citizens and business entities with financial and technical support for their activities related to food safety.
(2) The Mayor may provide related research institutes, organizations, or the like with financial support necessary for their researches on foodstuffs in order to secure technologies for the safety control of foodstuffs to meet the international level and improve safety in citizens' dietary life.
(3) The Mayor may provide an area, facility, or the like, where food safety is substandard, with financial support necessary for ensuring food safety.

Article 22 (Disclosure of Information) (1) In order to satisfy citizens' right to be informed of policies on food safety and facilitate citizens' voluntary participation therein, the Mayor shall disclose information about the safety of foodstuffs pursuant to Article 24 (4) of the Act upon a citizen's request.
(2) The Mayor shall set up and operate an integrated food safety information network so as to efficiently disclose information about food safety.

Article 23 (Collection of Opinions from Citizens and Business Entities) The Mayor shall endeavor to collect opinions from citizens and business entities in the course of decision-making on and the execution of policies on food safety.

Article 24 (Cooperation with State, Other Local Governments, etc.) (1) The Mayor shall enforce policies on food safety in cooperation with the State and other local governments, if necessary to take joint measures in order to ensure food safety.
(2) The Mayor shall endeavor to improve the level of food safety through exchange of information and technologies for food safety and cooperation with other local governments, non-governmental organizations, etc.
(3) The Mayor may request each Gu to cooperate in enforcing polices for ensuring food safety and, if necessary, may support each Gu to promote the improvement of the level of food safety in the Gu and conduct evaluations of its performance therefor.
(4) The Mayor shall cooperate closely with the government agencies, other local governments, etc. to establish the system to manage and re-evaluate the criterium and standard regarding the safety of food, etc. <Newly Inserted by Ordinance No. 5900, May 14, 2015>

Article 25 (Operation of System for Petitioning for Inspections on Food Safety) (1) The dietitian in charge of a collective feeding facility in a school, a child-care facility, a business firm, or the like, the head of such a facility, or a group of five or more citizens may severally or jointly file a petition for an inspection on food safety, and the Mayor shall notify the petitioner of the results of the inspection within 30 days from the filing date of such a petition, unless there are exceptional circumstances. <Amended by Ordinance No. 5900, May 14, 2015>
(2) The inspection, testing, analysis, etc. shall be free of charge.

Article 26 (Protection of Petitioners for Inspection on Food Safety) (1) The Mayor shall take measures to prevent the personal information of a petitioner for an inspection on food safety (hereinafter referred to as "petitioner") from being divulged without his or her consent.
(2) A public official who receives and processes a petition for inspection shall not divulge any information known to him or her in connection with such work process.
(3) A business entity or an interested party against whom a petition is filed shall not treat the petitioner unfavorably on the ground of the petition.

Article 27 (Operation of Integrated Certification Program for Food Safety) (1) The Mayor may operate a program for certifying business entities whose safety have been tested and approved (hereinafter referred to as the "integrated food safety certification program") in order to maintain and improve the safety of foods from the stage of production of foods through the stage of consumption.
(2) Certificates of safe Seoul foodstuffs shall be issued to business entities the safety of whose foods has been tested and approved pursuant to paragraph (1).
(3) The procedure necessary for the integrated food safety certification system and other specific matters shall be prescribed by rule of the Seoul Government.
[This Article Newly Inserted by Ordinance No. 5051, Nov. 4, 2010]

Article 28 (Rewards) Pursuant to Article 30 of the Act, the Mayor may grant rewards under relevant statutes and regulations to a person who has reported a violation of the Act, statute and regulations related to food safety or a person who has contributed to the improvement of the level of food safety in the Seoul Government.
[Moved from Article 27 <by Ordinance No. 5051, Nov. 4, 2010>]

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5051, Nov. 4, 2010>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure)
The Council in operation at the time this Ordinance enters into force shall be deemed the Council established pursuant to Article 17.
ADDENDUM <Ordinance No. 5484, May 16, 2013>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5900, May 14, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6068, Jan. 7, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6851, Mar. 22, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7046, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.