Can an electronically signed certificate of use for soybean lecithin from the manufacturer be accepted by the Ministry of Food and Drug Safety for exemption from GMO labeling of imported food? Released

You inquired about the confirmation of the use of soybean lecithin submitted for exemption from the mandatory labeling of genetically modified foods (GMO) for imported foods. As a customs broker, I will explain in detail the current regulations and practical handling methods.

First, the mandatory labeling of genetically modified foods for imported foods is specified in the "Labeling Standards for Genetically Modified Foods, etc." (Notice of the Ministry of Food and Drug Safety). According to Article 3, Paragraph 1 of these standards, foods that have been approved for food use in Korea and still contain genetically modified DNA after being manufactured or processed using genetically modified agricultural, livestock, and marine products (soybeans, corn, cotton, canola, sugar beet, alfalfa) as raw materials must be labeled as genetically modified foods. This is an important institutional device to ensure consumers' right to know and to promote the distribution of safe food.

If genetically modified foods, etc., are not labeled when filing an import declaration, one of the following documents proving that the food is not a genetically modified food must be submitted at the time of import declaration:

• Distribution Certificate: A document proving that the entire handling process, including seed purchase, production, manufacturing, storage, sorting, transportation, and shipment, was managed separately from genetically modified foods, etc. This is a key document to ensure traceability from the raw material stage of agricultural products to the final product.
• Government Certificate: A certificate recognized by the government of the producing or exporting country as having the same effect as the distribution certificate. It has high reliability as it is issued by a credible institution in the producing country.
• Test/Inspection Report issued by a Test/Inspection Institution: A report issued by a test/inspection institution designated or deemed designated under the Act on Testing and Inspection in the Field of Food and Drugs, proving that the food is not subject to labeling as genetically modified foods, etc. This report determines the presence of genetic modification through scientific analysis.

In cases like yours, where soybean lecithin is used for a specific purpose, an exception clause that exempts the mandatory labeling of genetically modified foods can be applied. Regarding Article 2 of the "Labeling Standards for Genetically Modified Foods, etc.," if the raw material used in health functional foods is soybean lecithin as a food additive, and its purpose is to prevent physical or chemical changes in the food (e.g., as a stabilizer and emulsifier) and is used in small amounts, the manufacturer's purpose confirmation document can be submitted to omit the labeling of genetically modified foods, etc. This is based on a policy judgment that it is unnecessary to impose labeling obligations even if genetically modified soybeans are used as raw materials, as in the case of lecithin, which is highly processed and does not contain genetically modified DNA or proteins, or its function is limited to the role of an additive.

The key here is the document requirements for the manufacturer's purpose certificate. According to current regulations and the guidelines of the Ministry of Food and Drug Safety, the manufacturer's purpose certificate must be submitted as an original document confirmed (including signature or seal) by the manufacturer only once per product, and electronic signatures are not recognized. This is a procedure to clarify the authenticity and responsibility of the submitted documents and to prove that there was an official confirmation by the manufacturer, with the original signature or seal being an important element to enhance the legal effect of the document.

However, once the original document is submitted and recognized through the review of the Ministry of Food and Drug Safety, if the same imported food from the same manufacturer is repeatedly imported under the same conditions, a copy of the originally submitted document can also be recognized. This regulation is a practical approach to provide administrative convenience to importers for repeated imports after securing reliability through strict original verification procedures at the time of the first import.

In conclusion, the confirmation of the use of soybean lecithin you received from the manufacturer with an electronic signature is difficult to be recognized as an original document in the initial import review by the Ministry of Food and Drug Safety. You must obtain and submit an original document with the manufacturer's handwritten signature (wet signature) or official seal. Although foreign manufacturers may have difficulty sending physical original documents, this is the clear guideline of the Ministry of Food and Drug Safety, so it is most important to cooperate to secure the original document. If necessary, please explain this regulation in detail to the manufacturer and request the original document.

To prevent customs clearance delays or disadvantages due to insufficient or inappropriate documents during the import clearance process, it is important to thoroughly understand and prepare for these detailed regulations. If you have any other questions related to the import clearance of imported foods, please feel free to inquire at any time.