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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ASSISTANCE IN ENVIRONMENT-FRIENDLY FREE MEAL PROGRAMS, ETC.

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 youth during the period of their growth by subsidizing school meal services provided by schools, etc. in Seoul Metropolitan City pursuant to the School Meals Act, the Child Care Act, the Early Childhood Education Act and the Enforcement Decree of the same Act, the Support for Diet Education 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 on Jan. 9, 2014; May 18, 2017>

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended on May 14, 2015; May 18, 2017; Jan. 4, 2018; Oct. 4, 2018; Dec. 31, 2020>
1. The term "environment-friendly meal services" means any meal services provided through an ecologically sustainable and 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. The term "environment-friendly school meal services" means any environment-friendly meal services provided by entities eligible for subsidy for such meal services granted under Article 4 by the State or a local government in order to realize the purpose specified in Article 1;
3. The term "school meal program" means an educational program implemented by a variety of means, such as dietary education and farming experience, in connection with school meal services, in order to achieve the purpose specified in Article 1;
4. The term "meal service expenses" means the amount the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") determines to assist with necessary meal service expenses, including food costs and operating expenses for meal services;
5. The term "food cost" means the cost of purchasing food ingredients and processed products used for cooking, processing, and producing staple foods, side dishes, snacks, etc. for meal services;
6. The term "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 and fishery products grown under pre-contracts 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 (hereinafter referred to as the "Environment-Friendly Agriculture and Fisheries Act"), livestock products, and processed food products produced using such products as raw materials;
7. The term "food ingredient" means any raw material used to cook and process foods for meal services and any food manufactured or processed from safe and non-genetically modified agricultural, fishery, and livestock products meeting the standards prescribed in the Food Sanitation Act and from the raw materials of such products, which fall under the following that are traceable and whose distribution channel 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 processed food products produced using such agricultural and livestock products as 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 at 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 requirements 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. The term "environment-friendly distribution center" means a facility owned by the Seoul Agro-Fisheries and Food Corporation, which is equipped with facilities distributing food ingredients related to school meal projects;
9. The term "genetically modified foods" means manufactured or processed foods using, as raw materials, agricultural products, livestock products, fishery products, etc. cultivated and fostered with the use of biological engineering technologies prescribed in Article 12-2 (1) of the Food Sanitation Act.
[This Article Wholly Amended on Jan. 9, 2014]

Article 3 (Formulation and Implementation of Plans for Assistance in School Meal Services) (1) The Mayor shall formulate an annual plan for assistance in school meal services, etc. (hereinafter referred to as "assistance plan") including the following, after deliberation by or seeking advice from the Deliberation Committee for Assistance in Environment-Friendly School Meal Services under Article 9: <Amended on May 14, 2015; Oct. 8, 2015; May 18, 2017; Jan. 4, 2018; Dec. 31, 2020>
1. Matters concerning the formulation of mid-and long-term plans to subsidize environment-friendly school meal services and budget support therefor;
2. Matters concerning the amount of subsidy for, method of subsidization and budget support for environment-friendly school meal services 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 the "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. Plans to minimize the use of genetically modified foods in school meal services and to phase out such foods;
5. Matters concerning budget support for the operation of school meal programs;
6. Matters concerning cooperation with related institutions, such as the Seoul Metropolitan Office of Education (hereinafter referred to as the "Office of Education"), and assistance programs;
7. Matters concerning preferential assistance to schools that directly manage meal services;
8. Matters concerning assistance in meal services for students from low-income families during vacations and holidays;
9. Matters concerning evaluation of outcomes following the implementation of the assistance plan for the preceding year;
10. Other matters the Mayor deems necessary for assistance in school meal services.
(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 of the Seoul Metropolitan Government (hereinafter referred to as "head of each Gu") thoroughly on matters such as the ratio of financial allocation before formulating the assistance plan. <Amended on 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 "Seoul Council").
[This Article Wholly Amended on Jan. 5, 2012]

Article 4 (Entities Eligible for Subsidy) (1) Entities eligible for subsidy for environment-friendly school meal services 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 on May 14, 2015; May 18, 2017>
1. Schools that shall provide meal services under Article 4 of the School Meals Act;
2. Kindergartens under Article 7 of the Early Childhood Education Act;
3. Child-care centers under Article 10 of the Child Care Act;
4. Other facilities that the Mayor and the Superintendent of Education deem necessary.
(2) A subsidy shall be preferentially provided to compulsory educational institutions eligible for subsidy for school meal services under paragraph (1).
[This Article Wholly Amended on Jan. 5, 2012]

Article 5 (Amount and Method of Subsidization) (1) The Mayor shall subsidize the Superintendent of Education and the head of each Gu for meal service expenses, with cash or in kind, within the budget, in order to implement the assistance plan under Article 3.
(2) The amount, details, etc, of subsidization for meal service expenses under paragraph (1) shall be determined by the Mayor following deliberation by the Deliberation Committee for Assistance in Environment-Friendly School Meal Services under Article 9. <Amended on 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 on May 14, 2015>
(4) Other matters concerning the procedure and method for subsidization shall be prescribed by rule of the Seoul Government. <Newly Inserted on Jan. 9, 2014>
[This Article Wholly Amended on Jan. 5, 2012]

Article 6 (Application for Subsidization) (1) The head of a school who wishes to be subsidized for meal service expenses shall file an application for subsidization for meal service expenses with the Superintendent of Education through the head of an office of education, 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 on May 14, 2015; 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, who shall compile the applications and submit them to the Deliberation Committee for Assistance in Environment-Friendly School Meal Services. <Amended on May 18, 2017>
[This Article Wholly Amended on Jan. 5, 2012]

Article 7 (Obligation of Subsidized Entities) (1) The head of each school, etc. 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 service expenses shall submit a statement of the use of the subsidy to the Superintendent of Education through the head of an office of education, 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 on May 14, 2015; 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 faithfully comply with the Mayor's inspections on meal services, requests for the submission of documents, accounting audits, etc. <Amended on Jan. 9, 2014>
[This Article Wholly Amended on Jan. 5, 2012]

Article 8 (Subsidy for Environment-Friendly Local Agricultural Products) The Mayor may provide subsidies to cover part of the expenses incurred in promoting the use of environment-friendly local agricultural products produced within the jurisdiction of the Seoul Government for school meal services, within the budget.
[This Article Wholly Amended on Mar. 28, 2019]
[Previous Article 8 moved to Article 9 <Mar. 28, 2019>]

Article 8-2 (Restrictions on Use of Genetically Modified Foods) The Mayor may provide necessary assistance within the budget to minimize the use of genetically modified foods in school meal services and to phase out such foods.
[This Article Newly Inserted on Dec. 31, 2020]

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]

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]

Article 9 (Assistance to School Meal Service Support Centers) The Mayor may provide administrative and financial assistance to the head of each Gu for the establishment and operation of school meal service support centers under Article 5 (4) of the School Meals Act.
[This Article Wholly Amended on Jan. 9, 2014]
[Moved from Article 8; previous Article 9 moved to Article 13 <Mar. 28, 2019>]

Article 10 (Providing Assistance in Environment-Friendly School Meal Services) (1) The Mayor shall conduct the following affairs in order to efficiently provide environment-friendly school meal services: <Amended on May 14, 2015; May 18, 2017; Jan. 4, 2018; Oct. 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 meal services and collection and analysis of relevant data;
3. Assistance in policies related to a system for providing meal services, such as the production, distribution, supply, etc. of food ingredients for school meal services;
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 of the assistance plan for the preceding year;
6. Formulation of quality standards for and monitoring of food ingredients for safety in meal services;
7. Programs for cooperation with and assistance to related agencies, including the Office of Education and school meal service support centers in each autonomous Gu;
8. Other matters concerning the development of policies related to assistance in environment-friendly school meal services.
(2) Deleted. <May 14, 2015>
(3) Deleted. <May 14, 2015>
(4) Deleted. <May 14, 2015>
[This Article Newly Inserted on Jan. 9, 2014]
[Title Amended on Oct. 4, 2018]
[Moved from Article 8-2 <Mar. 28, 2019>]

Article 11 (Management of Food Ingredients Used for Environment-Friendly Meal Services) (1) The Mayor shall provide the following services in order to supply safe and good food ingredients to schools, etc.: <Amended on May 14, 2015; Oct. 4, 2018>
1. Establishment of a system for the supply and delivery of agricultural, fishery, and livestock products for school meal services;
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 for shippers and distributors of unacceptable food ingredients for meal services;
8. Formation and operation of a steering committee for managing food ingredients for environment-friendly meal services;
9. Survey and evaluation on satisfaction of schools providing school meal services;
10. Determination and collection of the rates of management of food ingredients for environment-friendly meal services;
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 meal services.
(2) The Mayor shall entrust services under each subparagraph of paragraph (1) to the Seoul Agro-Fisheries and Food Corporation. <Newly Inserted on Oct. 4, 2018>
(3) Deleted. <Oct. 4, 2018>
[This Article Newly Inserted on Jan. 9, 2014]
[Title Amended on Oct. 4, 2018]
[Moved from Article 8-3 <Mar. 28, 2019>]

Article 12 (Sanitation and Safety Inspections) (1) In order to improve the quality of school meal services and ensure the safety thereof, the Mayor may require public officials in charge of food sanitation or school meal services to enter school meal service facilities to inspect or examine foods, facilities, documents, or work process, and to collect food samples, free of charge, in the minimum quantity necessary for examination.
(2) A public official who intends to enter a facility, conduct an inspection or examination, or collect food samples under paragraph (1) shall carry an identification indicating his or her authority and shall present it to relevant persons.
[This Article Wholly Amended on Jan. 9, 2014]
[Moved from Article 8-4 <Mar. 28, 2019>]

Article 13 (Formation of Deliberation Committee for Assistance in Environment-Friendly School Meal Services) (1) The Mayor shall establish and operate the Seoul Metropolitan Government Deliberation Committee for Assistance in Environment-Friendly School Meal Services (hereinafter referred to as the "Deliberation Committee") in order to deliberate and render advice on the following matters: <Amended on Jan. 9, 2014; May 14, 2015; May 18, 2017>
1. Formulation and evaluation of assistance plans;
2. The amount and method of subsidization for environment-friendly school meal services and entities eligible for such subsidization;
3. Assistance in improving the quality of school meal services 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 meal services.
(2) The Deliberation Committee shall be comprised of not more than 20 members, including the chairperson, and its members shall be appointed or commissioned by the Mayor from among the following persons: <Amended on May 14, 2015; Jan. 4, 2018>
1. The Director-General in charge of school meal services in the Seoul Government;
2. The Director-General in charge of school meal services in the Office of Education;
3. Members of the Seoul Council, recommended by the Chairperson of the Seoul Council;
4. Persons recommended by the Council of Heads of Gus;
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 chairperson shall be elected by and from among members; one vice chairperson shall be elected by and from among commissioned members; and the Director of the division in charge of school meal services of the Seoul Government shall serve as an executive secretary. <Amended on 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 or her predecessor.
(5) If a commissioned member is unable to perform his or her duties due to any extenuating circumstance, the Mayor may dismiss such commissioned member from office. <Amended on Jan. 4, 2018>
[This Article Wholly Amended on Jan. 5, 2012]
[Title Amended on May 18, 2017]
[Moved from Article 9 <Mar. 28, 2019>]

Article 14 (Operation of Deliberation Committee) (1) The chairperson shall convene and preside over meetings of the Deliberation Committee.
(2) Meetings of the Deliberation Committee 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 1/3 of the members.
(3) A majority of the members of the Deliberation Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(4) Members, etc. who attend a meeting of the Deliberation Committee may be paid allowances, travel expenses, etc., within the budget, pursuant to the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses. <Amended on May 14, 2015; Jan. 4, 2018>
[This Article Wholly Amended on Jan. 5, 2012]
[Moved from Article 10 <Mar. 28, 2019>]

Article 15 (Guidance and Supervision) (1) The Mayor and the Superintendent of Education shall regularly verify, direct, and supervise whether subsidies provided have been used for the intended purposes, and report the results thereof to the Seoul Council. <Amended on Oct. 8, 2015>
(2) Where the head of a school, etc. subsidized for meal service expenses neglects his or her obligations prescribed in Article 7 or uses a subsidy not in accordance with 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 on Jan. 9, 2014; Jan. 4, 2018>
(3) The Mayor shall disclose details about subsidization for school meal services in a transparent manner through the web-site, etc. of the Seoul Metropolitan Government.
[This Article Wholly Amended on Jan. 5, 2012]
[Moved from Article 11 <Mar. 28, 2019>]


ADDENDA <Ordinance No. 5076, Jan. 6, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Ordinances of the Seoul Government)
The Seoul Metropolitan Government Ordinance on Assistance in School Meals is hereby repealed.
Article 3 (Transitional Measures)
(1) The programs for assistance in meal services, 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 meal services for compulsory educational 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 Ordinances of the Seoul Government)
The Seoul Metropolitan Government Ordinance on Assistance in School Meals is hereby repealed.
Article 3 (Transitional Measures)
(1) The programs for assistance in meal services, 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 meal services for compulsory educational institutions shall be provided by the Mayor to elementary schools as from 2011 and to 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.
ADDENDUM <Ordinance No. 6914, Oct. 4, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7080, Mar. 28, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7810, Dec. 31, 2020>
This Ordinance shall enter into force on the date of its promulgation.