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[Press Release, April 6, 2020] Pre-announcement of Legislation onfor a Partial Draft Revision of the ENFORCEMENT RULE OF THE FOOD SANITATION ACT
  • Registration Date 2020-06-17
  • Hit 187
[Press Release, April 6, 2020 / unofficial translation]



Pre-announcement of Legislation on a Partial Draft Revision of the ENFORCEMENT RULE OF THE FOOD SANITATION ACT


□ The Ministry of Food and Drug Safety (Minister Lee Eui-Kyung) will make a pre-announcement of legislation on April 6 on a partial draft revision of the ENFORCEMENT RULE OF THE FOOD SANITATION ACT which allows “outdoor operations” so that food and drink can also be sold at outdoor terraces or building rooftops.

○ This revision was prepared to alleviate fairness issues between business operators occurred due to a difference in local governments’ approval of outdoor operations and safety standards, and prevent consumers’ safety accidents.

○ Furthermore, the revision of law was carried out to enable business operators to easily reflect on a consumer culture seeking unique atmosphere and various ways of operating restaurants overseas to their actual business operations.


□ The main content of the draft revision includes ▲allowing outdoor operations in principle, ▲strengthening the responsibility of business operators by including outdoor business site when reporting the operation, and ▲strengthening hygiene and safety standards of outdoor business site.

○ “Outdoor operations” of open air cafes or rooftops, etc. are approved in principle, but places designated by the head of the local governments where hygiene and safety issues or civil complaints regarding noise and others arose are excluded.

○ The approved businesses include rest restaurants, general restaurants, or bakeries, and when reporting the business, the size of outdoor business site must be reported to the competent authority.

○ As consumer safety is a top priority, cooking foods will be prohibited in outdoor business sites to prevent fire, safety accidents, etc.
- Under the notification determined by the Minister of Food and Drug Safety, specific safety standards will be prepared such as ▲installing railings on balconies and rooftops in two or more story buildings and ▲installing vehicle entrance/exit barrier gates in those places close to roads and parking lots.


□ The Minister of Food and Drug Safety, Lee Eui-Kyung, stated “I expect this draft revision will help revitalize local businesses” and also added “we plan to implement the revision with the full consideration of changes in COVID-19 quarantine activities, etc.”

○ Furthermore, we plan to consult with local governments to enable outdoor operations reflecting the content of the draft revision, if necessary, even before the revision of the statutes.
* According to the current Food Sanitation Act, the head of the local government can designate places where outdoor operations are allowed and set safety standards to implement outdoor operation.

○ In addition, the detailed content of this draft revision is available on the MFDS website (www.mfds.go.kr) → Law/Documentation → Pre-announcements of Legislation/Administration.
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