Busan Metropolitan City Ordinance on Basic Food Safety : City Government

Enforcement Date 14. February, 2024.

Busan Metropolitan City Ordinance No. 7200, 14. February, 2024., Enacted

Article 1 (Purpose)
The purpose of this Ordinance is to regulate the fundamental matters necessary for promoting food safety policies, thereby ensuring that that citizens can maintain healthy and safe dietary habits through the continuous implementation of comprehensive food safety management.

Article 2 (Definitions)
The terms used in this Ordinance are defined as prescribed in Article 2 of the Framework Act on Food Safety (hereinafter referred to as "Act").

Article 3 (Responsibilities)
The Mayor of Busan Metropolitan City (hereinafter referred to as "Mayor") shall establish and implement comprehensive and systematic food safety policies and make efforts to ensure food safety by eliminating health hazards to citizens caused by food or other items in advance, as specified in Article 2 (2) of the Act.

Article 4 (Rights of Citizens and Duties of Businesses)
(1) Citizens have the right to request disclosure of food safety information under Article 24 (4) of the Act and to express their opinions on food safety, as well as participate in the formulation and implementation of related policies.
(2) Businesses are responsible for producing and selling food and other items (including producing, collecting, manufacturing, processing, importing, transporting, preserving, cooking, or selling of any of the items in Article 2 (2) of the Act) that are beneficial and safe for citizens' health. They must always verify and inspect whether the food they handle poses any harm.

Article 5 (Relationship with Other Ordinances)
Unless otherwise specifically provided in other ordinances, food safety policies shall be implemented in accordance with the provisions of this Ordinance.

Article 6 (Food Safety Day and Food Safety Week)
(1) The Mayor may operate "Food Safety Day" and "Food Safety Week" as specified in Article 5 (2) of the Act, to enhance citizens' understanding and interest in food safety.
(2) The Mayor may hold commemorative events appropriate to the purpose of Food Safety Day and support related activities of organizations or conduct relevant projects.

Article 7 (Formulation and Implementation of Food Safety Management Plans)
(1) The Mayor shall annually formulate and implement a food safety management plan in accordance with the food safety management basic plan under Article 6 of the Act.
(2) The Mayor shall make efforts to reflect the opinions of citizens and businesses as much as possible when formulating food safety management plans.

Article 8 (Establishment of the Committee)
The Mayor shall establish the Busan Metropolitan City Food Safety Policy Committee (hereinafter referred to as "Committee") to deliberate and advise on the following matters related to food safety:
- 1. Matters concerning the implementation of food safety management plans
- 2. Matters related to major food safety policies
- 3. Domestic and international food safety trends, as well as expert opinions on these matters related expert opinions
- 4. Collection of opinions and comprehensive response measures related to food safety incidents
- 5. Other matters referred to the Committee by the Mayor
(2) Matters concerning the marking of outstanding safety management businesses shall follow Article 21 (4) of the Act.

Article 9 (Organization of the Committee)
(1) The Committee shall consist of no more than 15 members, including one Chairperson and one Vice-Chairperson.
(2) The Chairperson shall be the Director of the Citizens' Health Bureau, and the Vice-Chairperson shall be elected from among the appointed members.
(3) Committee members shall include heads of departments responsible for food safety management as ex officio members, and individuals appointed by the Mayor, considering gender balance, from the following categories:
- 1. Individuals recommended by the Busan Metropolitan City Council
- 2. Experts with extensive knowledge and experience in food safety
- 3. Individuals recommended by consumer or parent organizations
(4) The Committee shall have one secretary, who shall be the team leader of the department in charge of food safety policy.
(5) The term of office for members shall be two years, and members may be reappointed for one additional term.

Article 10 (Operation of Meetings)
(1) The Chairperson shall convene and preside over the meetings of the Committee.
(2) Meetings shall be classified into regular and extraordinary meetings, with regular meetings held once a year, and extraordinary meetings held when necessary.
(3) Meetings shall be held with the attendance of a majority of the Committee members and resolutions shall be passed by a majority of the attending members.

Article 11 (Disqualification, Recusal, and Abstention of Members)
(1) A Committee member shall be disqualified from participating in deliberations on matters where:
- 1. The member or their spouse or former spouse is a party to the matter under deliberation.
- 2. The member is related by blood or marriage to a party involved in the matter under deliberation.
- 3. The member has provided consultation, research, or services regarding the matter under deliberation.
- 4. The member or an organization they belong to acts as a representative for a party involved in the matter.
(2) A party to a matter may request the recusal of a member on the grounds of a lack of impartiality, and the Committee shall decide by resolution. The member subject to the recusal request shall not participate in the resolution process.
(3) Members who fall under the grounds for disqualification described in paragraph (1) shall voluntarily withdraw from deliberations on the relevant matter.

Article 12 (Investigation, Research, and Inspection)
(1) The Mayor shall carry out investigations, research, and inspections related to food safety to ensure the effective implementation of food safety policies.
(2) The Mayor shall collect and analyze information on food that poses or is likely to pose a serious threat to public health, and, when necessary, conduct traceability investigations in accordance with Article 18 of the Act.

Article 13 (Education and Publicity)
(1) The Mayor shall make efforts to produce and distribute educational materials on food safety and conduct educational and publicity activities in cooperation with educational institutions, private organizations, and related institutions.
(2) The Mayor may provide education to citizens, businesses, and public officials to improve food safety levels and competency.

Article 14 (Financial and Technical Support)
(1) The Mayor may provide financial and technical support within the budget for food safety-related activities by consumers, businesses, and others in accordance with Article 27 of the Act.
(2) The Mayor may provide support for facility investments and production technologies necessary to ensure the food safety in businesses in accordance with the Enforcement Decree of the Framework Act on Food Safety.
(3) The Mayor may provide financial support food safety for food safety research conducted by relevant research institutions or organizations to secure internationally recognized food safety management technology and improve the nation’s dietary habits.

Ordinance No. 7200, 14. February, 2024.

City Government