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Korea Food and Drug Administration Notice #2009-248

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Korea Food and Drug Administration Notice #2009-248 Korea Food and Drug Administration Notice #2009-248 This Notice is to provide the public with information concerning the purpose and gist of the draft revision of the “Labeling Standards for Foods, etc.” and to solicit opinions and comments thereupon pursuant to Article 46 of the Administrative Procedures Act. September 8, 2009 Commissioner Korea Food & Drug Administration Revised Labeling Standards for Foods, etc. 1. Background The revision is to better protect the consumer’s right to information and to promote the food industry by improving the current labeling standards including the labeling of food additives used in gum base including antioxidants, etc. and the labeling of sell-by date, etc. calculated from the thawing dates of frozen breads and salted fish meat products. 2. Gist A. The provisions on type sizes for the labeling of products produced under an Original Equipment Manufacturing (OEM) arrangement are improved (Article 5 Section 6) (1) As for some imported OEM foods, restricted labeling surface of packages makes it difficult to state “OEM Product” using at least one-half the type size used for the product name. (2) “OEM Product” may be labeled using at least one-half the type size for the product name or a different type size depending on the packaging area of a product. (3) The revision is to give flexibility in apply labeling standards and to promote the development of the industry. B. The labeling standards for frozen breads and salted fish meat products are revised (Article 6 Section 1.A and Attachment 1.2.C.2).G) (1) As the draft revised Standards and Specifications for Foods, etc. have been announced to allow manufacturers to thaw and distribute frozen breads and salted fish products, it is necessary to modify the relevant labeling standards to protect the consumer’s right to information about the products. (2) In the case of frozen breads and salted fish products which are shipped out after thawed, the date of manufacture, the thawing date, sell-by date (distribution period after thawing, the sell-by date shall be before the sell-by date of the frozen product), storage methods after thawing, warnings, etc. shall be declared on the products. (3) The revision aims to promote the development of the food industry and to provide accurate product information for the consumer. C. Warning labels shall be placed on utensils/containers, etc. of phenol resin, etc. (Article 6 Section 3.C) (1) Formaldehyde may be generated if utensils and containers/packages of phenol resin and urea resin are used in a microwave oven. (2) Warning labels should be placed to warn that utensils and containers/packages of phenol and urea resins should not be used in a microwave oven to heat/prepare food. (3) Warnings will help protect the health of consumers. D. Warning labels should be placed on glass utensils (Article 6 Section 3.C and Attachment 1 Section 1.C.2) C)) (1) Damage occurs due to misuse including breakage, etc. when heat is applied to glass utensils. (2) Glass utensils intended for cooking with heat should be labeled differently as those for use over direct heat, for oven use, for microwave oven use, for boiling use; and for other glass utensils, a warning label for handling should be placed to prevent the use of such utensils for cooking with heat. (3) The revision will help ensure consumer safety by preventing the misuse of glass utensils intended for cooking with heat. E. The ban on the use of images on products using flavoring agents only is revised (Article 7 Section 3 and Attachment 1 Section 1.A.1)C)(3)) (1) If a product flavored only with a flavoring agent uses an image representing the relevant raw material, the consumer may be misled/confused into believing that the product actually contains the raw material. (2) A product using only flavoring agents including natural flavoring agents to create the taste or flavor of a raw material is not allowed to use an image representing the raw material and should place a label next to or below the product name to declare the use of such flavoring agents. (3) Accurate information will help prevent consumers from being misled/confused. F. The scope of use of stickers will be expanded for the labeling of foods, etc. (Attachment 1 Section 1.A.2)) (1) The current provisions require that an approval be obtained to use a sticker to modify even minor labeling information not related to safety, causing inconvenience. (2) The labeling of minor labeling information not related to food safety such as the name and place of business may be done with stickers without the approval of the licensing/registration authorities. (3) The revision aims to help reduce costs required to manufacture packaging materials of the food industry and to improve the relevant civil affairs system. G. The detailed labeling standards for organically processed foods are deleted (Article 9 Section 3 and Attachment 5) (1) As the legal basis is established for the organically processed food certification program referred to in the “Food Industry Promotion Act” (December 27, 2007), the detailed labeling standards for organically processed foods need to be deleted from the Labeling Standards for Foods, etc. (2) The detailed labeling standards for organically processed foods are deleted. H. The labeling standards for the name and place of business are made less stringent (Attachment 1 Section 1.A.3)) (1) As most of food repackaging/sales businesses (engaged in packaging food items into smaller packages) and distribution-specialized sales businesses are small businesses, their places of business change frequently. The use of a sticker to reflect the change in the place of business requires an approval from the competent registration authorities, etc., causing inconvenience. (2) Food repackaging/sales businesses and distribution-specialized sales businesses will be required to provide the representative place of business responsible for handling returns and exchanges. (3) Less stringent regulations are expected to alleviate inconvenience. I. The labeling of food additives among raw materials is improved (Attachment 1 Section 1.A.7)B)(2) and Attachment 1 Section 1.A.7)B)(3)) (1) There are no abbreviated names for natural food additives, causing inflexibility in labeling of natural food additives. (2) Abbreviated names are provided for natural food additives, and the Labeling Standards for Food Additives specifying names, abbreviated names or main uses are reorganized. (3) The revision aims to encourage food businesses to comply with labeling standards. J. The labeling standards for gum base are revised (Attachment 1 Section 1.A.7)C)(5)) (1) The current standards allow any raw material of gum base to be labeled as “gum base,” making it possible not to declare anti-oxidants, etc. (2) Only those food additives that contribute to the properties, etc. of gum will be labeled collectively as “gum base materials.” (3) Accurate labeling of raw material names will satisfy the consumer’s right to information. K. The standards for the labeling of product names of food additives are revised (Attachment 1 Section 1.B.1)) (1) The use of announced names for the product names of natural additives will help the consumer easily find the names of unfamiliar food additives. (2) The announced names in the Food Additive Code should be used for the product names of food additives. (3) Accurate labeling of food additives will help satisfy the consumer’s right to information. 3. Submission of opinions and comments An organization or person who desires to make comments on this draft revision is requested to submit a letter of opinions and comments containing the following to the KFDA Commissioner not later than September 28, 2009: A. Pros and cons on individual items of the proposed revision and the reasons B. Name (for an organization, organization name and representative name), address, and telephone number C. For more details, please visit the KFDA home page (http://www.kfda.go.kr/) or contact the Food Safety Policy Division (Telephone: 02-380-1726-7, Fax: 02-388-6396). Comparison of Current and Revised Provisions Current provisions Revised provisions Article 3 (Scope) Article 3 (Scope) Foods, etc. subject to labeling requirements shall _______________________________________ be as follows: _________________: 1. Foods or food additives 1. ____________________ A. ~ E. (Omitted) A. ~ E. (Same as before) F. Organically processed foods F. <Deleted> G. (Omitted) G. (Same as before) 2. (Omitted) 2. (Same as before) Article 5 (Labeling methods) Article 5 (Labeling methods) Labeling of foods, etc. (including imported foods, _______________________________________ etc. This definition shall apply hereinafter) shall _______________________________________ be done as follows: _______________: 1. ~ 5. (Omitted) 1. ~ 5. (Same as before) 6. O riginal Equipment Manufacturing (OEM) 7. O riginal Equipment Manufacturing (OEM) foods and food additives (exclusive of foods foods and food additives (exclusive of foods labeled by distribution-specialized sales labeled by distribution-specialized sales businesses) shall place an OEM product businesses) shall place an OEM product label in the Korean language in type size no label near the product name on the principal smaller than 1/2 the type size of the product display panel together with the country of name near the product name on the principal origin label pursuant to the “Foreign Trade display panel together with the country of Act” as follows. In this case, the type size origin label pursuant to the “Foreign
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