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Following is the answer to your inquiry from Customized Practical Law Information.
Indication of Origin of Marine Products
□ Mandatory Indication of Origin
○ Parties who import, produce/process for shipping or sale (online sale included), or store/display for sale the following marine products must indicate their origin (Paragraph 1 of Article 5 of the Act on Origin Labeling of Agricultural and Fishery Products and Paragraph 1 of Article 3 of the Enforcement Decree of the Act on Origin Labeling of Agricultural and Fishery Products):
- Marine products announced by the Minister of Oceans and Fisheries for achieving order of distribution and for helping consumers to make the right choices
∙ Domestic and deep-sea products (stingrays, blackfish, trout, crayfish, shrimp, laver, squid, etc.), imported seafood and processed products or imported marine products and processed products and processed marine products (ink, salted fish, pickles, etc.) [「(Ministry for Food, Agriculture, Forestry and Fisheries) Instructions for labeling the country of origin of agricultural and marine products」 Article 2, subparagraph 2 and attached Table 2)]
- Import marine products announced by the Minister of Trade, Industry and Energy in accordance with Article 33 of the Foreign Trade Act
□ Standards of Indication of Origin
○ The standards applied to the indication of origin of marine products are as follows (Paragraph 1 of Article 5 and Attached Table 1 of the Enforcement Decree of the Act on Origin Labeling of Agricultural and Fishery Products):
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Classification
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Details
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Domestic marine products
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"Product of Korea," "domestic product," or "sourced in adjacent waters" must be indicated. However, for cultured marine products, coastal-resident marine products, or marine products from inland waters, the city/province or city/county/gu in which the marine product was produced, collected, cultured, or captured must be indicated.
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Marine Products of Oceans
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A marine product brought into Korea after being sourced in foreign waters by a fishing vessel that has been issued a pelagic fishery permit in accordance with Paragraph 1 of Article 6 of the Ocean Industry Development Act must bear the indication "oceanic product" on its own or with the indication "Pacific Ocean," "Atlantic Ocean," "Indian Ocean," "Antarctic Ocean," or "Arctic Ocean."
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In addition to the above indication, indications that are required to be made in accordance with the law of a coastal state may be made.
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Import Marine Products and Outside Marine Products
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For import marine products, indication of origin determined at customs clearance in accordance with the Foreign Trade Act
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For outside marine products brought in under the Inter-Korea Exchange and Cooperation Act, indication of origin determined at the time such agricultural products are brought into Korea
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○ Violation of the standards of indication of origin of marine products is grounds for a fine of up to 10 million won (Subparagraph 1 of Paragraph 1 of Article 18 of the Act on Origin Labeling of Agricultural and Fishery Products).
□ Method of Indication of Origin
○ The method of indication of origin of marine products is shown in Attached Table 1 of the Enforcement Regulations of the Act on Origin Labeling of Agricultural and Fishery Products (Subparagraph 1 of Article 3 of the Enforcement Regulations of the Act on Origin Labeling of Agricultural and Fishery Products).
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Details
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Location
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Mark where consumers can easily see
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Text
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It should be in Korean, but if necessary, it can be additionally displayed in Chinese or English next to Korean.
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Size
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If the packaging surface area is 3,000㎠ or more: 20 points or more
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If the packaging surface area is 50㎠ or more and less than 3,000㎠: 12 points or more
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If the packaging surface area is less than 50㎠: 8 points or more. However, if it is difficult to display in a size of 8 points or more, it can be displayed in the same size as the font size of other items.
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Color
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Mark clearly with a color different from the background color of the packaging or the color of the contents
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Others
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It should be printed directly on the packaging material, but it can be marked using indelible ink, stamp, stamp, etc., or it can be marked with stickers or labels made by electronic scales.
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In the case of using net packaging, or woven or tying without packaging, it can also be marked with a tag or badge.
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○ Violation of the method of indication of origin of marine products is grounds for a fine of up to 10 million won (Subparagraph 2 of Paragraph 1 of Article 18 of the Act on Origin Labeling of Agricultural and Fishery Products).
□ Violation of the Standards of Indication of Origin
○ The following activities are strictly prohibited (Paragraph 1 of Article 6 of the Act on Origin Labeling of Agricultural and Fishery Products).
- False or unclear indication of origin
- Damage or change of an indication of origin intended to cause confusion
- Sale with the indication of origin concealed; mixing of marine products with an indication of origin with other marine products or processed products for sale or in storage or display for sale
○ Violation of the above prohibition against violation of the country of origin may result in imprisonment for not more than 7 years or a fine of not more than 100 million won (Article 14 (1) of the 「Act on the Country of Origin Labeling of Agricultural and Fishery Products」).
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