In the process of importing food from abroad, it is very important to clearly identify whether the product is subject to the Ministry of Food and Drug Safety's food inspection (hereinafter referred to as food inspection).
If you proceed with imports without properly distinguishing products subject to food inspection or without recognizing the food inspection procedures, you may face various problems.
1. Criteria for distinguishing products subject to food inspection by the Ministry of Food and Drug Safety
Products subject to food inspection by the Ministry of Food and Drug Safety may have ambiguous criteria if defined as 'products that enter the human mouth'.
Rather, it is reasonable to view them as 'products that can directly contact food consumed by humans.'
- Example 1: A dumpling skin manufacturing machine is a product where the dumpling skin made by the machine is eaten by humans, not the machine itself, but since the dumpling skin directly contacts the surface of the machine, it is a product subject to food inspection.
- Example 2: The external pattern of a cup containing a beverage can touch a person's mouth, but since food does not directly contact it, it is not subject to food inspection. However, the internal pattern of the cup directly contacts the beverage, so it is subject to food inspection, and in this case, additional inspection costs by color may occur.
Food inspection costs vary depending on the material and number of colors of the product, so it is important to accurately determine whether it is subject to inspection.
2. Solutions if food inspection is not conducted
If products subject to food inspection are imported without inspection, the following solutions can be considered.
- Return:
- This is a method of sending the product back overseas, but the procedure is complicated, costs are incurred, and it is not easy in reality.
- Disposal:
- This is the most certain method, but it results in economic loss of the imported product and disposal costs.
- Disposal costs vary depending on the volume of the product (200,000 to 300,000 won per 1CBM), and storage fees increase as the storage period extends. If disposal is not completed within a year, a fine may be imposed.
- Transfer/Acquisition and then conduct food inspection:
- This method involves transferring the product to a company with a "Imported Food Sales Business" registration certificate, completing food inspection and customs clearance in the name of that company, and then repurchasing the product from the acquiring company.
- This method involves the following procedures.
- Submit the transfer/acquisition contract and the transferor's seal certificate to customs to transfer ownership.
- Conduct food inspection in the name of the acquiring company and obtain an "Imported Food Notification Confirmation."
- After customs clearance is completed, repurchase the product from the acquiring company.
3. Additional considerations
- Korean labeling requirements:
- In principle, Korean labeling must be attached to all products upon import, but during food inspection, it can be attached only to samples for inspection and accurately attached at the time of sale.
- Registration of overseas manufacturing facilities:
- It is most ideal to import products produced by overseas manufacturing facilities registered with the Ministry of Food and Drug Safety. It is important to identify whether the overseas manufacturing facility is registered in advance.
When importing overseas products, it is important to be fully aware of various regulatory matters such as KC certification, children's product safety certification, and intellectual property rights, in addition to whether they are subject to food inspection by the Ministry of Food and Drug Safety.
It is important to thoroughly research related information and proceed with a safe and efficient import process with the help of experts.
[This content regarding export and import clearance regulations and their interpretations is based on the customs and trade laws of the Republic of Korea.]