Food Quarantine Declaration Administrative Punishment Response and Legal Response Methods

Law firm Veat received a request from a global food company A (hereinafter referred to as "the client") to review the validity and response measures regarding administrative actions related to food quarantine declarations.

The client initially reported some information in the food quarantine declaration for imported goods, but some items were missing during the amendment process. They requested a review of whether or not this constituted a violation of the 『Imported Food Safety Management Act』 (hereinafter referred to as "the Imported Food Act").

The Imported Food Act requires various legal regulations and procedures to protect the health and safety of consumers, and strictly prohibits false reporting and non-reporting actions during the import quarantine stage. Violations are subject to administrative actions. Law firm Veat reviewed the validity of the administrative actions related to the food quarantine declaration based on the Imported Food Act and presented legal measures to effectively respond.

Food Quarantine Declaration

A food quarantine declaration is a necessary procedure to confirm that imported food complies with domestic regulations. During the food quarantine declaration process, the quality, ingredients, and manufacturing process of imported food are reviewed, and if they do not meet the country's food safety standards, imports may be restricted or subject to administrative action.

Imported Food Act

The Imported Food Act clearly regulates obligations related to food quarantine declarations and is a legal system established to provide safe imported food to domestic consumers. This law establishes management standards for various imported items such as imported food, food additives, instruments, containers, and packaging to ensure food safety and quality. The Imported Food Act is an important regulation that companies must comply with, and violations may result in sanctions such as business suspension, fines, and criminal punishment.

Imported Food Act Article 20, Paragraph 1

Imported Food Act Article 20, Paragraph 1 stipulates that both unreported and falsely reported actions related to food quarantine declarations are subject to a business suspension. The types of violations include unreported and falsely reported actions. Unreported action means failing to submit a required quarantine declaration when importing food, food additives, instruments, or containers and packaging. A falsely reported action means knowingly or negligently entering information different from the actual situation in the declaration process.

These violations are subject to legal sanctions, such as business suspension, fines, and criminal punishment, so extra caution is needed when making food quarantine declarations.

Law firm Veat first reviewed whether the client's initial and amended food quarantine declarations were duly received, based on the client’s reporting and omissions. The Imported Food Act stipulates that if the requirements are not met clearly, the food quarantine declaration itself may be deemed invalid. Therefore, we thoroughly analyzed whether each declaration followed the prescribed format and procedures.

Furthermore, as falsely reported and unreported actions are stipulated as reasons for business suspension, we jointly reviewed whether the client's actions were subject to action and whether there was intent or negligence in the actions. The Imported Food Act includes a provision allowing for mitigation of action if there is no intent or the degree of violation is minor.

Even simple administrative errors related to food quarantine declarations by a global food company can have a significant impact on business management, and food-related laws serve as essential norms to protect consumer health and safety. Law firm Veat provides customized legal advice based on a deep understanding of numerous global companies' Imported Food Act and related regulations to minimize clients’ legal risks.

If you need legal advice related to food quarantine declarations and the Imported Food Act, please feel free to contact Law firm Veat.

Thank you.
Law firm Veat