When importing mangosteen extract, if it's necessary to prove the non-use of fruit peel according to the 'fruit (excluding peel)' regulation on the raw material list, is merely stating 'peeling process' in the manufacturing process document sufficient? Released

Compliance with the 'fruit (excluding peel)' regulation specified in the raw material list when importing mangosteen extract is an important part of imported food safety management. As you are concerned, we will answer your inquiry regarding whether it is necessary to prove the non-use of fruit peel.

Sufficiency of Stating 'Peeling Process' in the Manufacturing Process Document

To state the conclusion first, if the 'peeling process' is clearly stated in the manufacturing process document attached to the import declaration, it can, in principle, be recognized as compliant with the regulation without submitting separate additional supporting documents. This is based on the importance of the information stated in the import declaration, in accordance with Article 27 of the current Enforcement Rule of the Special Act on Imported Food Safety Management.

Role of Import Declaration and Manufacturing Process Document

When declaring the import of imported foods, etc., the 'Imported Food, etc. Import Declaration Form' requires detailed information such as product name, manufacturer, and basic information, along with raw material names and blending ratios, and the manufacturing process. The Ministry of Food and Drug Safety (MFDS) determines the safety of imported food and compliance with relevant domestic regulations based on this information.

In particular, the manufacturing process document is a core document that explains which raw materials were used and which processes were followed to create the final product. If it is declared that the manufacturing process of mangosteen extract clearly includes a 'peeling process' to remove the fruit's peel, this serves as the manufacturer's effort to meet the 'fruit (excluding peel)' raw material list regulation and as direct evidence that the imported product complies with the standard. The manufacturing process itself becomes proof of compliance with the regulation.

Related Commentary and Additional Information (Customs Broker's Perspective)

1. Legal Responsibility for Stating in the Manufacturing Process Document: The importer bears legal responsibility for all information stated in the import declaration. Therefore, stating 'peeling process' in the manufacturing process document is an act of guaranteeing that the product actually used only mangosteen fruit, excluding the peel, as raw material. If false information is provided, severe administrative measures and criminal penalties may be imposed under the 'Special Act on Imported Food Safety Management,' so accurate information must always be stated.

2. Importance of Specific Statements: Rather than simply stating 'peeling process,' it is better to specify it more concretely, such as 'a process of physically and completely removing the outer peel of harvested mangosteen fruit.' This helps customs examiners clearly understand the product's process, thereby reducing unnecessary inquiries or requests for additional documentation.

3. Post-Management and Possibility of Requesting Additional Documents: Although customs clearance may be sufficiently processed with only the manufacturing process document during the initial import declaration, the Ministry of Food and Drug Safety may request additional documents through risk assessment or random inspections to ensure the safety of imported food. For example, they may request detailed process diagrams (Flow Chart) from the manufacturer, raw material specifications (Specification), or documents related to the manufacturer's own quality management system (e.g., GMP, HACCP certificates). Therefore, importers should always be prepared to submit such additional documents. This is part of post-management and can be applied more strictly, especially for high-risk items or if there have been issues with previous import history.

4. Verification from Raw Material Supplier and Document Acquisition: It is advisable for importers to secure documents (e.g., Manufacturer's Declaration, COA - Certificate of Analysis) from the raw material supplier in advance, confirming that the mangosteen extract was indeed manufactured using only the fruit, excluding the peel. This serves as important supporting evidence in case of unforeseen circumstances and can be used as proof that the importer has fulfilled their due diligence.

5. Ensuring Expedited Customs Clearance: If compliance details are clearly and specifically stated in the manufacturing process document, it can significantly contribute to expedited customs clearance by minimizing additional inquiries or requests for document supplementation that may arise during the customs examination process. This directly impacts the reduction of logistics costs and timely supply to the market.

Overall, it is judged that proving compliance with the 'fruit (excluding peel)' regulation in the raw material list when importing mangosteen extract is sufficient by accurately and specifically stating the 'peeling process' in the manufacturing process document. However, thorough preparation for submitting additional documents at any time, along with awareness of the legal responsibility for accurate information, is a crucial factor in facilitating the smooth progress of the import process and enhancing the credibility of the importer as a responsible party adhering to food safety management regulations.