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Selling kitchenware and food contact articles in South Korea

In South Korea, utensils, tableware and food packaging that touch food are "apparatus" or "containers and packages" under the Food Sanitation Act, regulated by the Ministry of Food and Drug Safety (MFDS). They meet the MFDS standards and specifications for their material, carry material and business labelling, and are declared and inspected on import like food.

Updated · Each section links to the official source it comes from

Regulator
Ministry of Food and Drug Safety (MFDS)
Main law
Food Sanitation Act (식품위생법)
Food contact items
"Apparatus" and "containers and packages" (기구, 용기·포장)
Recycled materials
MFDS recognition of renewable raw materials
Label
Material, business name and location, warnings
Imports
Declared and inspected as imported food, etc.

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Does the item come into direct contact with food, and is it apparatus or a container or package? Read more
  2. 2Does it meet the MFDS standards and specifications for its material? Read more
  3. 3Are any recycled raw materials recognised by MFDS? Read more
  4. 4Does the label show the material, the business and warnings? Read more
  5. 5Is the foreign facility registered, and is each consignment declared? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

What counts as food contact apparatus

The items the Food Sanitation Act covers.

  • "Apparatus" means machines or utensils in direct contact with food or food additives used for eating or packing food, or for making, cooking, storing, transporting or displaying it (Article 2, Food Sanitation Act).
  • "Containers and packages" are goods for packing or wrapping food that are delivered with it (Article 2).
  • Disposable cups, spoons, chopsticks, forks, knives and straws, and detergents for food containers, are cleansing and hygiene products under the Cleansing and Hygiene Products Control Act instead (Article 2 of that Act).
  • Food apparatus, containers and packages are excluded from children's products under the Children's Products Act (Article 2).

How we help: Compliant Always records which Act each item falls under, with the specification that places it there. Ask about this

Standards, specifications and recycled materials

What food contact items are made to.

  • No apparatus, container or package may be sold that contains harmful materials likely to harm people, or that harms people when in contact with food (Article 8).
  • MFDS sets standards for manufacturing methods and specifications for apparatus, containers, packages and their raw materials; items that fail them may not be sold, imported or used in business (Article 9(1) and (4)).
  • Where no standards are notified, MFDS may recognise standards and specifications on application (Article 9(2)).
  • Renewable (recycled) raw materials for food contact items need MFDS recognition, unless they go through a process the Decree sets; items using unrecognised recycled materials may not be sold (Articles 9-2 and 9-3).

How we help: Compliant Always reads your migration and material test reports against the standards for the material, and keeps them with each product. Ask about this

Labelling

What a kitchenware label shows.

  • Apparatus, containers and packages are labelled with their material, the name and location of the business, warnings for consumer safety, and other matters set by Prime Ministerial Decree (Article 4(1)2, Act on Labeling and Advertising of Foods).
  • Items without the required label may not be sold, imported or displayed for sale (Article 4(3)).
  • No label or advert may be false, exaggerated or deceptive (Article 8).

How we help: Compliant Always sets the required particulars beside what your label shows. Ask about this

Import

Food contact items are imported food, etc.

  • "Imported food, etc." includes apparatus, containers and packages as defined in the Food Sanitation Act (Article 2, Special Act on Imported Food Safety Control).
  • The foreign facility is registered with MFDS before the import declaration, the importer registers its business, and each consignment is declared and inspected before customs clearance (Articles 5, 15, 20 and 21).
  • An inspection report from a recognised testing agency can let MFDS omit part or all of the inspection (Article 21(3)).

How we help: Compliant Always keeps the facility registration, declarations and inspection reports with each lot. Ask about this

Packaging and recycling

Retail packaging the product is sold in.

  • Products and packaging prescribed by Presidential Decree carry a separate discharge mark (Article 14, Act on the Promotion of Saving and Recycling of Resources).
  • Manufacturers and importers of prescribed products and packaging recover and recycle the waste, or pay contributions to a recycling mutual aid cooperative (Article 16).

How we help: Compliant Always keeps your packaging specifications and recycling evidence with each product. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ManufacturerMeeting the MFDS standards for the material, and recycled material recognition.Material and migration test reports kept with each product.
ImporterFacility and business registration, and the import declaration.Registrations and inspection reports read and dated before the goods arrive.
BrandWhat the label says, including material and warnings.The label read against the particulars.
SellerSelling only labelled items that meet the standards.Product documents ready for the retailer that asks.

National ministries and local government

Product law in South Korea is national. Each Act names the minister in charge, such as the Minister of Food and Drug Safety for food and cosmetics, and the Minister of Trade, Industry and Resources for electrical, consumer and children's products.

Many licences, reports and inspections under those Acts are handled by a Mayor or Do Governor or the head of a Si/Gun/Gu, so the local office named in the Act is often the one a business deals with.

Questions businesses ask

Which law covers kitchenware in South Korea?
The Food Sanitation Act, which treats utensils and tableware that touch food as apparatus, and food packaging as containers and packages, regulated by MFDS.
Does Korea have standards for food contact materials?
Yes. MFDS sets manufacturing standards and specifications for apparatus, containers, packages and their raw materials; items that fail them may not be sold or imported (Article 9).
What if there is no standard for my material?
MFDS may recognise standards and specifications on application, until standards are publicly notified (Article 9(2), Food Sanitation Act).
Can recycled plastic be used for food contact?
Only renewable raw materials MFDS has recognised, unless they go through a process the Decree sets (Articles 9-2 and 9-3).
What must a kitchenware label show?
The material, the business name and location, warnings for consumer safety, and other matters set by Prime Ministerial Decree (Article 4(1)2, Act on Labeling and Advertising of Foods).
Is imported kitchenware inspected?
Yes. Apparatus, containers and packages are imported food, etc.: the facility is registered, and each consignment is declared and inspected before customs clearance.
Are disposable cups and cutlery covered?
Disposable cups, spoons, chopsticks, forks, knives and straws are cleansing and hygiene products under the Cleansing and Hygiene Products Control Act, also run by MFDS.
Are children's plates and cups children's products?
Food apparatus, containers and packages are excluded from children's products under the Children's Products Act, so the Food Sanitation Act applies (Article 2).
Do electric kitchen appliances follow these rules?
Parts that touch food are apparatus under the Food Sanitation Act. Electrical safety follows the Electrical Appliances and Consumer Products Safety Control Act; see the electronics guide.
How does Compliant Always help with selling in South Korea?
Our team reads the rules for the markets you sell in, from Korean law and the regulators' own pages. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in South Korea and what your paperwork needs to show.

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