AGROCHEMICALS CONTROL ACT
Wholly Amended by Act No. 5023, Dec. 6, 1995
Amended by Act No. 5153, Aug. 8, 1996
Act No. 5453, Dec. 13, 1997
Act No. 5945, Mar. 31, 1999
Act No. 6763, Dec. 11, 2002
Act No. 7459, Mar. 31, 2005
Act No. 8466, May 17, 2007
CHAPTER I GENERAL PROVISIONS
Article 1 (Purposes)
The purpose of this Act is to help enhance the quality of agrochemicals, establish order in their
distribution, promote safety in their use, and further contribute to the development of agricultural
production and the conservation of the living environment by providing for such matters as related to the
manufacture, importation, sales, and use of agrochemicals.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 5153,
Aug. 8, 1996>
1. The term "agrochemicals" means fungicides, insecticides and herbicides used for controlling
such germs, insects, aphids, mites, virus, weeds and other animals and plants as may affect farm produce
(including trees, crops and forest products; hereinafter the same shall apply), which shall be determined
by the Ordinance of the Ministry of Agriculture and Forestry (hereinafter referred to as "blight and
harmful insects"), and such other chemicals as prescribed by the Ordinance of the Ministry of
Agriculture and Forestry as well as medicines used for promoting or reducing the physiological functions
of farm produce;
2. The term "agrochemical items" means the kinds of agrochemicals that are identical in the
content of active ingredients and the formulation type;
3. The term "technical concentrates" means materials in which the content of active ingredients of
agrochemicals are condensed;
4. The term "manufacturing business" means a business of manufacturing (including processing;
hereinafter the same shall apply) and selling agrochemicals in the country;
5. The term "technical concentrates business" means a business of manufacturing and selling
technical concentrates in the country;
6. The term "import business" means a business of importing and selling agrochemicals or
technical concentrates;
7. The term "sales business" means a business of selling agrochemicals other than the
manufacturing business and the import business; and
8. The term "pest control services" means a business of controlling blights and harmful insects or
of promoting or reducing the physiological functions of farm produce using agrochemicals.
CHAPTER II REGISTRATION, ETC. OF BUSINESSES
Article 3 (Registration, etc. of Business)
(1) Any person who desires to run a manufacturing business, a technical concentrates business
or an import business shall register his business with the Administrator of Rural Development
Administration under the conditions as prescribed by the Ordinance of Ministry of Agriculture and
Forestry. <Amended by Act No. 5945, Mar. 31, 1999>
(2) Any person who desires to run a sales business shall register his business with the head of
Si/Gun/autonomous Gu which has jurisdiction over the area where his place of business is located
(hereinafter referred to as the "head of Si/Gun/ Gu"), under the conditions as determined by the
Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5945, Mar. 31, 1999; Act
No. 6763, Dec. 11, 2002>
(3) Deleted. <by Act No. 5945, Mar. 31, 1999>
(4) Any person who desires to make a registration as referred to in paragraph (1) or (2) shall be
furnished with such manpower, facilities and equipment, etc. as may satisfy standards prescribed by the
Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>
Article 3-2 (Report of Services)
(1) Any person who desires to run such services as for the pest control of imported or exported
plants (hereinafter referred to as the "pest control services for imported or exported plants") shall report
the start-up of his services to the Director of the National Plants Quarantine Station determined by the
Presidential Decree (hereinafter referred to as the "Director of the National Plants Quarantine Station"),
under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
(2) The scope of the pest control services for imported or exported plants under the provisions of
paragraph (1) shall be determined by the Presidential Decree.
(3) Any person who desires to report the start-up of the pest control services for imported or
exported plants in accordance with paragraph (1) shall be furnished with such manpower, facilities, and
equipment, etc. as may satisfy standards prescribed by the Ordinance of the Ministry of Agriculture and
Forestry.
[This Article Newly Inserted by Act No. 5945, Mar. 31, 1999]
Article 4 (Disqualification)
No person who falls under any of the following subparagraphs is qualified for the registration as
provided in Article 3 (1) and (2): <Amended by Act No. 6763, Dec. 11, 2002>
1. Any person who has been declared incompetent or quasi-incompetent;
2. Any person who has not been reinstated yet since he was declared bankrupt;
3. Any person in whose case two years have not passed yet since his imprisonment without labor
or a heavier punishment as declared by a court for the violation of this Act was completely executed
(including such a case as where it is deemed to have completely been executed) or since it was exempted
from being completely exempted;
4. Any person who is under the suspension of the execution of his imprisonment without labor or a
heavier punishment as declared by a court for the violation of this Act;
5. Any person in whose case two years have not passed yet since the registration of his business
was revoked in accordance with Article 7; and
6. A corporation of which any of the executives falls under any of the subparagraphs 1 through 5.
Article 5 (Succession to Status of Manufacturers, etc.)
(1) In case where any person who has made a registration in accordance with Article 3 (1) or (2)
(hereinafter referred to as the "manufacturer, etc.") dies or assigns the manufacturing business or where
there occurs a merger between the manufacturers, etc. that are corporations, the successor, the assignee
of the business or the corporation that survives the merger or that is formed by the merger, shall succeed
to the status of the manufacturer, etc.: Provided, That the same shall not apply if the assignee of the
business or the corporation surviving, or formed by the merger falls under any of subparagraphs 1
through 5 of Article 4.
(2) In case where any person who has succeeded to the status of the manufacturer, etc. in
accordance with paragraph (1) falls under any of the subparagraphs 1 through 5 of Article 4, or where the
corporation succeeding to such status falls under subparagraph 6 of Article 4, the said status shall be
assigned to other person or the executive concerned shall be substituted within 6 months after the date of
commencement of the succession or the date of the merger.
(3) Deleted. <by Act No. 5945, Mar. 31, 1999>
Article 6 Deleted. <by Act No. 5945, Mar. 31, 1999>
Article 7 (Revocation of Registration, etc.)
(1) In case any person who has registered a manufacturing business, a technical concentrates
business, or an import business (hereinafter referred to as the "manufacturer", the "supplier of technical
concentrates" or the "importer", respectively) in accordance with Article 3 (1) falls under any of the
following subparagraphs, the Administrator of Rural Development Administration may order the
revocation of the registration of the business or the closure of all or part of the business for a fixed period
not exceeding one year: Provided, That the registration shall be revoked if he falls under subparagraph 1:
<Amended by Act No. 6763, Dec. 11, 2002>
1. Where he falls under any of the subparagraphs of Article 4, except where any of the executives
of a corporation, who falls under subparagraph 6 of Article 4, is replaced within 6 months;
2. and 3. Deleted; <by Act No. 5945, Mar. 31, 1999>
4. Where he manufactures, imports or sells agrochemicals or technical concentrates which have not
been registered in violation of Article 8 (1), 16 (1), or 17 (1);
5. Where he has failed to make indications, or has made false indications, on agrochemicals in
violation of Article 20;
6. Where he has stored, displayed or sold agrochemicals in violation of Article 21;
7. Where he has advertised in false or exaggerated manner in violation of Article 22, or without
regard to the manner as prescribed by the said Article;
8. Where he has handled agrochemicals in violation of the standards for restrictions on the
handling of agrochemicals as prescribed in Article 23 (1);
9. Where the quality of an agrochemical has been discovered to be inferior as a result of the
inspection as provided in Article 24, or where he has failed to submit a record of self-conducted
examination results, or has submitted a false record thereof;
10. Where he has refused, obstructed or evaded the examination or the collection of samples for
examination as referred to in Article 24 (1);
11. Where he has failed to comply with an order for the removal or destruction of agrochemicals as
provided in Article 24 (5);
12. Where he has violated an order for the supplementation of facilities, etc. as referred to in Article
25 (1) or has failed to submit reports, or has made false reports, on matters concerning the control of
agrochemicals as provided in the foregoing paragraph (1);
13. Deleted; and <by Act No. 5945, Mar. 31, 1999>
14. Where he has violated this Act or any of the orders or dispositions thereunder that are
determined by the Ordinance of the Ministry of Agriculture and Forestry.
(2) In case any person who has registered a sales business under Article 3 (2) (hereinafter
referred to as the "dealer") falls under any of the following subparagraphs, the head of Si/Gun/Gu may
order the revocation of the registration of the business or the suspension of all or part of the business for
a fixed period not exceeding one year: Provided, That the registration shall be revoked if he falls under
subparagraph 1: <Amended by Act No. 5945, Mar. 31, 1999; Act No. 6763, Dec. 11, 2002>
1. Where he falls under any of the following subparagraphs of Article 4, except where any of the
executives of a corporation, who falls under subparagraph 6 of Article 4, is replaced within 6 months;
2. Where he falls under paragraph (1) 6, 7, or 10 through 12;
3. Where he uses or handles agrochemicals in violation of the requirements for safe use or the
standards for restrictions on the handling of agrochemicals as referred to in Article 23 (1); and
4. Where he has violated this Act or any of the orders or dispositions thereunder that are
determined by the Ordinance of the Ministry of Agriculture and Forestry.
(3) In case any person, who has registered the pest control services for imported or exported
plants (hereinafter refers to as the "provider of pest control service for imported or exported plants") in
accordance with the provisions of Article 3-2 (1), falls under any of the following subparagraphs, the
Director of the National Plants Quarantine Station may order the closure of all or part of the services for
a fixed period not exceeding two years: <Amended by Act No. 5945, Mar. 31, 1999; Act No. 6763, Dec.
11, 2002>
1. Deleted; <by Act No. 5945, Mar. 31, 1999>
2. Where he falls under paragraph (1) 10 through 12;
3. Where he has used or handled agrochemicals in violation of the requirements for safe use or
standards for restrictions on the handling of agrochemicals as referred to in Article 23 (1);
4. Where an accident of death has been caused by his violation of this Act;
5. Where he has failed to comply with an order for correction to remedy the disturbances of order
caused by the collection of excessive fees or expenses in providing pest control service;
6. Where the provider of pest control service for imported or exported plants has failed to perform
any pest control service for a period not less than one year, or has violated the regulations governing
quarantine inspection of imported or exported plants as made by the Director of the National Plants
Quarantine Station; and
7. Where he has violated this Act or any of the orders or dispositions thereunder that are
determined by the Ordinance of the Ministry of Agriculture and Forestry.
(4) The detailed criteria for the dispositions of revocation or suspension as referred to in
paragraphs (1) through (3) shall be determined by the Ordinance of the Ministry of Agriculture and
Forestry. <Amended by Act No. 5153, Aug. 8, 1996>
CHAPTER III REGISTRATION, ETC. OF AGROCHEMICALS
Article 8 (Registration of Domestically Produced Agrochemical Items)
(1) In case a manufacturer desires to manufacture and sell an agrochemical domestically, he
shall register such an agrochemical by item with the Administrator of Rural Development
Administration: Provided, That the same shall not apply in case he manufactures an agrochemical item
registered in the name of other manufacturer under contract to the latter. <Amended by Act No. 6763,
Dec. 11, 2002>
(2) Any person who desires to make a registration as provided in paragraph (1) shall submit an
application for registration with the indication of such particulars or matters as set forth in the following
subparagraphs, accompanied by a record of testing results in connection with the testing of the effect,
harmfulness, toxicity and residues of the agrochemical that has been conducted by a test and research
institute as determined by the Presidential Decree (hereinafter referred to as a "record of testing results"),
to the Administrator of Rural Development Administration, together with the testing sample of the
agrochemical in question: Provided, That he may, under the conditions as prescribed by the Ordinance of
the Ministry of Agriculture and Forestry, be exempted from submitting all or part of the record of testing
results where the agrochemical item is re-registered on expiry of the period as provided in Article 11, or
where such items as determined by the Presidential Decree are registered: <Amended by Act No. 5153,
Aug. 8, 1996>
1. The name (in the case of a corporation, the trade name and the name of its representative;
hereinafter the same shall apply), address, resident registration number of the applicant;
2. The name of the agrochemical;
3. The physical and chemical nature, the kinds of active ingredients and other components, and
their respective content;
4. The manufacturing process of the item;
5. The kinds, the quality of material and the capacity of containers or wrappings;
6. The scope of blights and harmful insects and agricultural crops to which the agrochemical in
question is applicable, and directions for the use of the agrochemical and amount per use;
7. The shelf life of agrochemical;
8. In the case of an agrochemical harmful to persons and domestic animals, information thereon
and the method of detoxification;
9. In the case of an agrochemical harmful to aquatic life, information thereon;
10. In the case of an agrochemical that is inflammable, explosive, or detrimental to skin, etc.,
information thereon;
11. Observations on storage, handling and application;
12. The location of the manufacturing factory; and
13. Such other requirements for the registration of the manufactured item as prescribed by the
Ordinance of the Ministry of Agriculture and Forestry.
Article 9 (Examination of Application for Registration of Agrochemical Items)
(1) Upon receipt of the application as referred to in Article 8 (2), the Administrator of Rural
Development Administration shall ask the head of the administrative agency in charge of the affairs of
agrotechnology to examine the application and its related document and to test the sample of an
agrochemical submitted by the applicant.
(2) The criteria for the examination of the application for registration and the testing of the
sample of an agrochemical as provided in paragraph (1) shall be notified by the Administrator of Rural
Development Administration in consultation with the head of central administrative agency concerned.
(3) The Administrator of Rural Development Administration shall return the application for
registration and its related document or order the applicant to supplement them specifying reasons for
such a return if the application for registration falls under any of the following subparagraphs as a result
of the examination of the said application and document and the testing of the samples as referred to in
paragraphs (1) and (2): <Amended by Act No. 7459, Mar. 31, 2005; Act No. 8466, May 17, 2007>
1. Where there are false particulars entered on the application form;
2. Where the effect of the relevant agrochemical is too low to have the value proper to
agrochemical;
3. Where farm produce may be damaged if the relevant agrochemical is used according to the
instructions on the application form;
4. Where it is feared that persons and domestic animals may be injured even though the relevant
agrochemical is used or handled according to the instructions on the use and handling of the relevant
agrochemical;
5. Where it is feared that aquatic life may be damaged if the relevant agrochemical is used in large
quantity;
6. Where the relevant agrochemical may, if used following the instructions on the application form,
cause its residue to remain contained in the farm produce, thus doing harm to the persons and domestic
animals that consume such farm produce later;
7. Where it is feared that the relevant agrochemical may, if used following the instructions on the
application form, cause its residue to remain contained in the soil of farmland, etc., thus damaging the
ecological balance of the soil of farmland or doing harm to the persons and domestic animals that
consume such farm produce cultivated on the farmland;
8. Where it is feared that the relevant agrochemical may, if used in large quantity, cause water
pollution in the public waters as defined in subparagraph 9 of Article 2 of the Water Quality and
Ecosystem Conservation Act, thus damaging the ecosystem of the aquatic life or doing harm to the
persons and domestic animals that consume the polluted water; and
9. Where the name of the relevant agrochemical may cause misunderstanding as to its principal
ingredients or effect.
(4) In case the application for registration and its related document are supplemented in
accordance with paragraph (3), the provisions of paragraphs (1) through (3) shall apply mutatis mutandis
with respect to the re-examination, etc. thereof.
Article 10 (Issuance of Certificate of Registration of Agrochemical Item)
The Administrator of Rural Development Administration shall, without delay, issue a certificate
of registration of agrochemical items with the indication of such particulars or matters as set forth in the
following subparagraphs, unless the application for registration falls under any of the reasons for either
return or order for supplementation under subparagraphs of Article 9 (3) as a result of the examination of
the application and its related document and the testing of samples as referred to in Article 9: <Amended
by Act No. 5153, Aug. 8, 1996>
1. The registration number and the date of registration;
2. The name of the manufacturer;
3. The particulars as provided in Article 8 (2) 2, 3, and 6;
4. The location of the factory;
5. The period of validity of registration; and
6. Other requirements prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
Article 11 (Term of Validity of Registration of Agricultural Items)
The term of the validity of the registration of agrochemical items under Article 8 (1) shall be ten
years.
Article 12 (Succession to Status of Manufacturer Who has Registered Agrochemical Item)
The provisions of Article 5 shall apply mutatis mutandis in case of succession to the status of the
manufacturer who has registered an agro chemical item in accordance with Article 8 (1) (hereinafter
referred to as the "manufacturer who has registered an agrochemical item") with respect to the
registration of the said agrochemical item. <Amended by Act No. 5945, Mar. 31, 1999>
Article 13 (Registration of Modification of Agrochemical Item by Application)
(1) In case a manufacturer who has registered an agrochemical item desires to modify the
particulars or matters pertaining to the scope, etc., of blights and harmful insects as provided in Article 8
(2) 6, he shall submit to the Administrator of Rural Development Administration a written application
therefor with the indication of such particulars or matters as prescribed by the Ordinance of the Ministry
of Agriculture and Forestry, accompanied by the certificate of registration and the record of testing
results as to the modified particulars or matters, together with the testing sample of the agrochemical in
question. <Amended by Act No. 5153, Aug. 8, 1996>
(2) In case a manufacturer who has registered an agrochemical item modifies such particulars or
matters as set forth in Article 8 (2) 1, 4, 5, or 7 through 13, he shall report to the Administrator of Rural
Development Administration on the contents of the modifications with the relevant reasons specified
within 30 days from the date such modifications have been made. In this case, he shall be required to
apply for the re-issuance of the certificate of registration of the agrochemical item if any of such
modifications is for any of the particulars or matters as specified in the certificate of registration of the
agrochemical item concerned.
(3) The provisions of Articles 9 and 10 shall apply mutatis mutandis in case of the examination
and return of an application for the modification of an agrochemical item as provided in paragraph (1)
and the re-issuance of the certificate of registration of an agrochemical item.
Article 14 (Ex Officio Revocation of Registration of Agrochemical Items, etc.)
(1) The Administrator of Rural Development Administration shall revoke the registration of an
agrochemical item in case where a manufacturer who has registered an agrochemical item under Article
8 (1) has registered it by deceit or by any other unlawful method.
(2) In case it is deemed that a registered agrochemical may, if used in compliance with such
directions as given in its application for registration, fall under any of the following subparagraphs, the
Administrator of Rural Development Administration may take such measures as to modify the
particulars or matters of registration of the agrochemical item in question, to revoke the registration of
the agrochemical item, or to impose restrictions on its manufacture, import or export, or supply
(hereinafter referred to as the "measures of restrictions"), subject to such procedures for deliberation as
prescribed by the Presidential Decree: <Amended by Act No. 6763, Dec. 11, 2002>
1. Where it falls under any of Article 9 (3) 2 through 8; and
2. Where it is confirmed by the findings of the international organization, etc. to be likely to cause
serious danger and harm.
(3) The Administrator of Rural Development Administration may, if deemed urgent to control
the blights and harmful insects, modify such part of the particulars or matters of registration of an
agrochemical item set forth in subparagraph 3 of Article 10 as the scope of the blights and harmful
insects or farm produce to which the agrochemical is applicable. <Amended by Act No. 6763, Dec. 11,
2002>
(4) The Administrator of Rural Development Administration shall, in case of modifying the
particulars or matters of the registration of an agrochemical item as provided in paragraphs (2) and (3),
re-issue a certificate of registration of the agrochemical item as provided in Article 10 to the
manufacturer who has registered the agrochemical item in question. <Amended by Act No. 6763, Dec.
11, 2002>
(5) In case the Administrator of Rural Development Administration desires to revoke the
registration of an agrochemical item or to take measures of restrictions on such an item in accordance
with the provisions of paragraph (1) or (2), he shall publicly announce the agrochemical item in question
and the contents of the revocation of registration or the measures of restrictions concerned. <Newly
Inserted by Act No. 6763, Dec. 11, 2002>
Article 15 (Notification of Import Ban on Hazardous Agrochemicals and Technical
Concentrates)
(1) The Administrator of Rural Development Administration shall notify the public of the
matters as set forth in the following subparagraphs:
1. Contents of the regulatory actions taken by the States of Contracting Parties against
agrochemicals and technical concentrates of which import is prohibited or severely restricted in
accordance with the provisions of Articles 5 and 6 of the Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (hereinafter
referred to as the "Rotterdam Convention");
2. Standards for consent to import or export and other requirements that shall be observed by the
importers or exporters of agrochemicals or technical concentrates in accordance with the provisions of
Articles 10 through 13 of the Rotterdam Convention;
3. Agrochemicals and technical concentrates as listed in Annex III of the Rotterdam Convention;
and
4. Such other matters as the Government is required to notify pursuant to the relevant provisions of
the Rotterdam Convention, which are determined by the Ordinance of the Ministry of Agriculture and
Forestry.
(2) If the Administrator of Rural Development Administration is to issue a notification as
provided in paragraph (1), he shall consult with the Minister of Commerce, Industry, and Energy.
[This Article Newly Inserted by Act No. 6763, Dec. 11, 2002]
<<Enforcement Date of this Article: Date on which the Rotterdam Convention shall be in force
for Korea>>
Article 16 (Registration of Technical Concentrates)
(1) A supplier of technical concentrates who desires to produce and sell technical concentrates
shall register them by their type with the Administrator of Rural Development Administration.
(2) Any person who desires to register technical concentrates in accordance with paragraph (1)
shall submit an application for registration with the indication of the particulars or matters set forth in the
following subparagraphs, accompanied by the documents of physiochemical analysis of technical
concentrates and a record of testing results for the toxicity thereof by a test and research institute as
determined by the Presidential Decree to the Administrator of Rural Development Administration,
together with testing samples of technical concentrates: Provided, That he may, under the conditions as
prescribed by the Ordinance of the Ministry of Agriculture and Forestry, exempted from submitting all
or part of the documents in case of the registration of such technical concentrates as determined by the
Presidential Decree: <Amended by Act No. 5153, Aug. 8, 1996>
1. The name, address, resident registration number of applicant;
2. The name, and the physio-chemical nature of technical concentrates and the kinds and the
respective contents of principal or other components therof;
3. The process as to composition and production of technical concentrates;
4. The contents of technical concentrates with danger of inflammation or explosion, etc.;
5. The location of the factory; and
6. Other requirements for registration of technical concentrates as prescribed by the Ordinance of
the Ministry of Agriculture and Forestry.
(3) Upon receipt of an application as provided in paragraph (2), the Administrator of Rural
Development Administration shall without delay issue the applicant the relevant certificate with the
indications of the particulars or matters set forth in the following subparagraphs if it is deemed to comply
with the requirements for the registration of technical concentrates as determined and notified by the
Administrator of Rural Development Administration: <Amended by Act No. 5153, Aug. 8, 1996>
1. The registration number and the date of registration;
2. The name of the supplier of technical concentrates;
3. The subject matters as referred to in paragraph (2) 2;
4. The location of the factory; and
5. Other requirements as prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
(4) The provisions of Articles 12, 13 and 14 (1) shall apply mutatis mutandis to matters
concerning succession to the status of the registrant of technical concentrates, the registration of
modification by application, and the ex officio revocation of registration with regard to the registration of
technical concentrates as provided in paragraph (1). In these cases, references to the "agrochemical item"
shall be construed as "technical concentrates", and the "manufacturer" as "supplier of technical
concentrates". <Amended by Act No. 5945, Mar. 31, 1999>
Article 17 (Registration of Imported Agrochemicals, etc.)
(1) An importer who desires to import and sell agrochemicals or technical concentrates shall
register them with the Administrator of Rural Development Administration by the item of agrochemical
or by the type of technical concentrate: Provided, That this shall not apply to such agrochemicals or
technical concentrates as used in laboratories or for purposes of academic research.
(2) Any person who desires to import and sell the same agrochemical items or technical
concentrates as the agrochemical items or technical concentrates registered pursuant to paragraph (1)
from the same manufacturer as indicated in the registration under paragraph (1) may, notwithstanding
the provisions of paragraph (1), submit to the Administrator of Rural Development Administration a
report thereon in lieu of a registration in accordance with the relevant provisions of the Ordinance of the
Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>
(3) The provisions of Articles 8 (2) through 14 and Article 16 shall apply mutatis mutandis to
the matters concerning application for the registration of the imported agrochemical items as provided in
paragraph (1), examination of such an application and related documents, etc., issuance of the certificate
of registration of such items, the term of validity of registration of the items, succession to the status of
the registrants, etc. of the items, the registration of modification of the items by application, and the ex
officio revocation of the registration of the items; and also the provision of Article 16 shall apply mutatis
mutandis to the registration of imported technical concentrates, succession to the status of the registrants
of such technical concentrates, registration of modification of technical concentrates by application, the
ex officio revocation of the registration of technical concentrates. In these cases, references to
"manufacturing business" or "technical concentrate business" shall be construed as "import business",
"manufacturer" or "supplier of technical concentrates" as "importer", "agrochemicals" as
"imported agrochemicals", and "technical concentrates" as "imported technical concentrates". <Amended
by Act No. 5945, Mar. 31, 1999>
CHAPTER IV MANAGEMENT OF AGROCHEMIACLS CIRCULATION
Article 18 (Supervision of Demand and Supply of Agrochemicals)
The Minister of Agriculture and Forestry may, if deemed necessary for stability of the demand
and supply of agrochemicals, require the manufacturers, the suppliers of technical concentrates, the
importers, or the dealers of agrochemicals to cooperate in the adjustment of the demand and supply of
agrochemicals and maintain order in their distribution, and may also advise the National Agriculture
Cooperative Federation (hereinafter referred to as the Agriculture Cooperative Federation) to have
agrochemical stores for the stability of supply. <Amended by Act No. 5153, Aug. 8, 1996>
Article 19 (Opening of Account of Agrochemical Supplies, and Financial Assistance)
(1) If the Agriculture Cooperative Federation is to have agrochemical stores for the stability of
supply in accordance with Article 18, it shall maintain a separate account of agrochemical supplies.
(2) The Agriculture Cooperative Federation shall make its regulations governing the
maintenance of the account of agrochemical supplies in accordance with paragraph (1) and obtain
approval from the Minister of Agriculture and Forestry. The same shall also apply in case of the
modification of the regulations. <Amended by Act No. 5153, Aug. 8, 1996>
(3) The Government may grant subsidies or furnish financial funds within the limits of its annual
budget for the purpose of a smooth operation of the account of agrochemicals as provided in paragraph
(1).
Article 20 (Indications on Agrochemicals)
A manufacturer or an importer who desires to sell agrochemicals he has produced or imported
shall indicate on containers or wrappings the names of agrochemicals and the contents by active
ingredient, the names of harmful insects to which the agrochemicals are applicable, the shelf life of
agrochemicals, and other requirements as determined by the Ordinance of the Ministry of Agriculture
and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>
Article 21 (Prohibition of Storage, Display, or Sales)
No manufacturer, importer, or dealer shall store, display or sell the agrochemicals falling under
any of the following subparagraphs:
1. Any item which has not been registered in accordance with Article 8 (1) or 17 (1);
2. Agrochemicals without indications as referred to in Article 20, or with false indications by forge
or alteration;
3. Agrochemicals of which indications on their containers or wrappings as provided in Article 20
are so damaged that they are difficult to be identified;
4. Agrochemicals that have been repacked or that have been divided and packed: Provided, That
this subparagraph shall not apply in case where the importer himself has repacked imported
agrochemicals or divided and packed imported them;
5. Agrochemicals without the certificates of completion of self-conducted examination in
accordance with Article 24 (2); and
6. Agrochemicals of which shelf life as referred to in Article 20 has expired.
Article 22 (Prohibition of False Advertisement)
(1) No manufacturer, importer, or dealer shall make false or exaggerated advertisements on
agrochemicals he has manufactured, imported, or sold.
(2) The methods of advertisements and the scope of exaggerated advertisements on
agrochemicals shall be determined by the Ordinance of the Ministry of Agriculture and Forestry.
<Amended by Act No. 5153, Aug. 8, 1996>
Article 23 (Requirements for Safety in Using Agrochemicals)
(1) The pest control service provider or any other user of agrochemicals shall use agrochemicals
in obedience to the standards for the safe use of agrochemicals, while the manufacturer, importer, or
dealer of agrochemicals shall handle agrochemicals in compliance with the standards for restrictions on
the handling of agrochemicals. <Amended by Act No. 6763, Dec. 11, 2002>
(2) The standards for the safe use of agrochemicals and the standards for restrictions on the
handling of agrochemicals as referred to in paragraph (1) shall be determined by the Presidential Decree.
Article 24 (Examination of Distributed Agrochemicals)
(1) The Administrator of Rural Development Administration, the Special Metropolitan Mayor,
the Metropolitan Mayor, Do governor (hereinafter referred to as the Mayor/Do governor), or the Director
of National Plants Quarantine Station may direct the relevant public official to inspect the items of
agrochemicals and their raw materials, which are manufactured, imported, sold, or used by the
manufacturer, supplier of technical concentrates, importer, dealer, or pest control service provider
respectively, relevant books, or facilities and equipment, and also to collect samples necessary for testing
agrochemicals or their raw materials. <Amended by Act No. 6763, Dec. 11, 2002>
(2) A manufacturer or an importer shall carry out self-conducted examination of his
manufactured or imported agrochemicals prior to their distribution. Agrochemicals that have passed such
an examination shall be distributed with the certificates of completion of self-conducted examination as
prescribed by the Ordinance of the Ministry of Agriculture and Forestry. In this case, the records of
results of the self-conducted examination of distributed agrochemicals shall, without delay, be submitted
to the Administrator of Rural Development Administration. <Amended by Act No. 5153, Aug. 8, 1996>
(3) The Administrator of Rural Development Administration shall carry out an inspection of the
items of agrochemicals prior to their distribution (hereinafter referred to as "inspection by application") if
so requested by a manufacturer or an importer of agrochemicals.
(4) The Administrator of Rural Development Administration may, if deemed necessary to
control the quality of a distributed agrochemical, direct the relevant official to inspect the agrochemical
item in question.
(5) In case it is, in respect of agrochemicals that are in violation of this Act or any order
thereunder, deemed necessary to take safety measures to prevent danger and injury that may be caused
thereby, the official carrying out the inspection under paragraphs (1) and (4) may order the
agrochemicals to be removed or destroyed after putting them under seal.
(6) The requirements for the inspection in accordance with paragraphs (1) through (4) shall be
determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153,
Aug. 8, 1996>
(7) Any official carrying out the inspection in accordance with paragraphs (1) and (4) shall bear
a certificate verifying his authority to do so and produce it to the persons concerned.
Article 25 (Report, etc., on Management of Agrochemicals)
(1) The Administrator of Rural Development Administration, the head of Si/Gun/ Gu, the
Director of National Plants Quarantine Station may order the manufacturer, the supplier of technical
concentrates, the importer, the dealer or the provider of pest control service for imported and exported
plants to submit a report on matters concerning the management of agrochemicals or to supplement
manpower, facilities, or equipment, etc., which fail to satisfy their respective standards. <Amended by
Act No. 5945, Mar. 31, 1999; Act No. 6763, Dec. 11, 2002>
(2) Deleted. <by Act No. 5945, Mar. 31, 1999>
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 26 (Application for Objection)
(1) A person who has made an application for the registration of an agrochemical item or the
registration of modification of an agrochemical item, etc., in accordance with Article 8 (1), 13 (1)
(including a case applied mutatis mutandis under Article 16 (4) or 17 (3)), 16 (1), or 17 (1) may, if
subjected to such a disposition as on the return of his application for the registration of an agrochemical
item, the registration of ex officio modification of the item, or the revocation of registration of the item in
accordance with Article 14 (1) or (2) (including a case applied mutatis mutandis under Article 16 (4) or
17 (3)), raise an objection in writing to the Administrator of Rural Development Administration within
30 days from the date he is subjected to such a disposition.
(2) If an objection has been raised pursuant to paragraph (1), the Administrator of Rural
Development Administration shall without delay notify the date and place of hearing to the applicant or a
representative on his behalf in order to provide him with an opportunity to state his opinion: Provided,
That the same shall not apply where the applicant or the representative on his behalf fails to respond to
such an opportunity without any justifiable ground or where it is not feasible to give him such an
opportunity by reason of the address unknown, etc.
(3) The Administrator of Rural Development Administration shall make an examination of such
an objection, the results of which shall be notified to the applicant within 60 days from the date the
objection as provided in paragraph (1) has been raised to him.
(4) In notifying the results of examination pursuant to paragraph (3), the Administrator of Rural
Development Administration shall give the applicant an additional note to the effect that the applicant
may petition for administrative appeal within 90 days after he has received the notice of the results of
examination. <Newly Inserted by Act No. 6763, Dec. 11, 2002>
Article 27 (Protection of Submitted Materials)
(1) In case an applicant of registration requests the protection of his materials submitted in
accordance with Article 8 (2) (including a case applied mutatis mutandis under Article 17 (3)), Article 13
(1) (including a case applied mutatis mutandis under Article 16 (4) or 17 (3)), or Article 16 (2) (including
a case applied mutatis mutandis under Article 17 (3)), the Administrator of Rural Development
Administration shall not open them to the public: Provided, That the same shall not apply in case their
opening to the public is necessary in the public interests.
(2) No person who has read or examined such materials for which the protection requested has
been under paragraph (1), shall reveal any knowledge he has acquired therefrom.
Article 28 (Fees)
(1) Any person applying for such registration as referred to in Article 3 (1) and (2), Article 8 (1),
Article 13 (1) (including a case applied mutatis mutandis under Article 16 (4) or 17 (3)), Article 16 (1),
or Article 17 (1) respectively shall pay fees for the respective registration concerned under the conditions
as determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153,
Aug. 8, 1996>
(2) Any person requesting an inspection in accordance with Article 24 (3) shall pay fees for
inspection to the Administrator of the Rural Development Administration under the conditions as
prescribed by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153,
Aug. 8, 1996>
(3) The test and research institute as referred to in Articles 8 (2) and 16 (2) (including a case
applied mutatis mutandis under Article 17 (3)) may, in case of testing the harmfulness, effect, toxicity or
residues by the request of the manufacturer, importer, or supplier of technical concentrates, collect fees
for such testing.
(4) The Minister of Agriculture and Forestry may determine standards for the fees as referred to
in paragraph (3). <Amended by Act No. 5153, Aug. 8, 1996>
Article 29 (Hearing)
The Administrator of Rural Development Administration, or the head of Si/Gun/Gu shall hold a
hearing in case he intends to make such dispositions as fall under any of the following subparagraphs:
<Amended by Act No. 5945, Mar. 31, 1999; Act No. 6763, Dec. 11, 2002>
1. Revocation of the registration of business pursuant to the provisions of Article 7 (1) or (2); and
2. Revocation of the registration of an agrochemical item pursuant to the provisions of Article 14
(including a case applied mutatis mutandis under Article 16 (4) or 17 (3)).
[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
Article 30 (Exclusion of Application)
(1) In case a manufacturer or a supplier of technical concentrates manufactures and exports
agrochemicals and technical concentrates, this Act shall not apply to such agrochemicals or technical
concentrates: Provided, That the provisions of Articles 14 and 15 shall apply to such matters as set forth
in the following subparagraphs: <Amended by Act No. 6763, Dec. 11, 2002>
1. Such agrochemicals or technical concentrates as notified by the Administrator of the Rural
Development Administration as items subject to measures of restrictions on their export in accordance
with Article 14 (5); and
2. Such agrochemicals or technical concentrates as notified by the Administrator of the Rural
Development Administration as items subject to approval of their export in accordance with Article 15
(1).
(2) The Toxic Chemicals Control Act shall not apply to the agrochemicals and technical
concentrates that are subject to this Act. <Amended by Act No. 5945, Mar. 31, 1999>
Article 31 (Delegation or Entrustment of Powers)
(1) The Administrator of Rural Development Administration may delegate part of his powers
under this Act to the head of an administrative agency in charge of matters concerning agrotechnology,
the Mayor/Do governor, or the Director of National Plants Quarantine Station under the conditions as
prescribed by the Presidential Decree.
(2) The Administrator of Rural Development Administration may entrust part of his duties under
this Act to the head of the relevant organization under the conditions as determined by the Presidential
Decree.
CHAPTER VI PENAL PROVISIONS
Article 31-2 (Penal Provisions)
(1) Any person falling under any of the following subparagraphs shall be punished by
imprisonment for not more than three years or by a fine not exceeding 20 million won:
1. A person who has caused danger and harm to other persons by manufacturing, importing, or
selling agrochemicals without any registration thereof in violation of Article 3 (1) and (2); and
2. A person who has caused danger and harm to other persons by doing any of such acts as referred
to in Article 7 (1) 4 through 8 and 11, Article 7 (2) 2 and 3, or Article 7 (3) 3 and 4.
(2) Any person who has caused death or injury to other persons by doing such an act as referred
to in paragraph (1) shall be punished by imprisonment for not more than ten years or by a fine not
exceeding 50 million won.
[This Article Newly Inserted by Act No. 6763, Dec. 11, 2002]
Article 32 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than three years or a fine not exceeding 15 million won: <Amended by Act No. 5945, Mar.
31, 1999; Act No. 6763, Dec. 11, 2002>
1. A person who is engaged in the business of manufacturing, importing, or selling agrochemical
items or technical concentrates without registration of a manufacturing business, etc. in violation of
Article 3 (1) or (2);
2. A person who has manufactured, imported, or sold agrochemicals or technical concentrates
without their registrations in violation of Article 8 (1), 16 (1), or 17 (1);
2-2. A person who has made a registration as referred to in Article 3 (1) and (2), 8 (1), 16
(1), or 17 (1) by deceit or by any other illegal methods;
2-3. A person who has manufactured, imported or exported, or supplied agrochemical items
in violation of Article 14 (2);
2-4. A person who has imported or exported agrochemicals or technical concentrates in
violation of the matters of prohibition, restrictions, observance as referred to in Article 15 (1) 1 or 2;
3. A person who has failed to make any indications on agrochemicals under Article 20, or has
made false indications;
4. A person who has stored, displayed, or sold agrochemicals in violation of Article 21;
5. A person who has violated an order for the removal or destruction of agrochemicals in
accordance with Article 24 (5); and
6. A person who has opened any submitted materials to other persons in violation of Article 27 (2).
Article 33 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than one year or by a fine not exceeding 5 million won:
1. A person who has made a false or exaggerated advertisement in violation of Article 22;
2. A person who has refused, obstructed, or evaded inspection or the collection of testing samples
in accordance with Article 24 (1); and
3. A manufacturer or importer who has distributed agrochemicals in violation of Article 24 (2) or a
person in charge of inspection who has prepared a false record of the self-conducted examination results.
Article 34 (Penal Provisions)
Any manufacturer, importer, or dealer who has handled agrochemicals in violation of Article 23
(2) shall be punished by a fine not exceeding three million won.
Article 35 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by a fine not
exceeding two million won: <Amended by Act No. 5945, Mar. 31, 1999>
1. A person who has failed to make a report as provided in Article 13 (2) (including a case applied
mutatis mutandis under Article 16 (4) or 17 (3)) or who has made a false report;
2. A pest control service provider who has used agrochemicals in violation of the standards for the
safe use of agrochemicals or standards for restrictions on the handling of agrochemicals under Article 23
(2);
3. Any person who has violated an order for supplementation of facilities, etc. as provided in
Article 25 (1) or who has failed to report on the matters concerning the management of agrochemicals
under the said paragraph or has made a false report; and
4. Deleted. <by Act No. 5945, Mar. 31, 1999>
Article 36 Deleted. <by Act No. 5945, Mar. 31, 1999>
Article 37 Deleted. <by Act No. 6763, Dec. 11, 2002>
Article 38 (Joint Penal Provisions)
In case the representative of a corporation, the agent, employee, or other hired person of the
corporation or an individual has committed an offense as referred to in Articles 31-2 through 35 in
connection with the affairs of the corporation or the individual, not only shall the wrongdoer be punished
accordingly but also the corporation or individual shall be punished by a fine as provided in the
provisions of the relevant Article. <Amended by Act No. 6763, Dec. 11, 2002>
Article 39 (Confiscation)
Such agrochemicals as a person subject to punishment under Article 32 owns or possesses or as
a third person has acquired with the knowledge of such a fact, shall be confiscated: Provided, That the
equivalent to the value of the agrochemicals shall be collected in case of impossibility of such
confiscation.
Article 40 (Fine for Negligence)
(1) A person who runs pest control services for imported and exported plants without any report
thereof in violation of Article 3-2 (1) shall be punished by a fine for negligence not exceeding five
million won.
(2) In case a user of agrochemicals other than pest control service provider uses agrochemicals
in violation of Article 23, he shall be punished by a fine for negligence not exceeding a million won.
(3) A fine for negligence as provided in paragraphs (1) and (2) shall, under the conditions as
determined by the Presidential Decree, be imposed and collected by the Director of the National Plants
Quarantine Station or the head of Si/Gun/Gu (hereinafter referred to as the "person authorized to
impose"). <Amended by Act No. 6763, Dec. 11, 2002>
(4) Any person who is dissatisfied with the disposition of a fine for negligence imposed under
the provisions of paragraph (3), may raise an objection to the person authorized to impose within thirty
days after a notice of the said disposition has been received.
(5) In case any person who has been subject to a disposition of a fine for negligence under
paragraph (3) raises an objection pursuant to paragraph (4), the person authorized to impose shall
without delay notify the fact to the competent court, which shall, in turn, proceed to a trial on a fine for
negligence in accordance with the Non-Contentious Case Litigation Procedure Act.
(6) In case neither objection has been raised under the paragraph (4) nor has a fine for
negligence been paid, the fine for negligence shall be collected following the example of disposition on
national taxes or local taxes in arrears.
[This Article Newly Inserted by Act No. 5945, Mar. 31, 1999]
ADDENDA
Article 1 (Enforcement Date)
The Act shall enter into force after lapse of one year on the date its promulgation, except for
the proviso of Article 3 (2) of the Act which shall be entered into force at the expiry of the one year
period from the date this Act enters into force.
Article 2 (Transitional Measures as to Pest Control Services for Imported or Exported Plants)
Any person who has obtained a permit of pest control services for imported or exported plants
in accordance with the provisions of this Act before they have been amended at the commencement of
this Act shall be deemed to have made a registration under this Act at the date the proviso of Article 3
(2) of the Act is in force: Provided, That man power, facilities, apparatus or the others are provided to
satisfy the requirements of this Act within 6 months from the date this Act enters into force.
Article 3 (Transitional Measures as to Administrative Proceedings, etc.)
The actives in accordance with the provisions of this Act before they have been amended at the
commencement of this Act, which are performed by the Minister of Agriculture and Forestry as to
registration, revocation of registration or others, or which are directed towards the Minister with regard
to various application or others, shall be construed as those activities by or towards the Administrator of
Rural Development Administration in accordance with the relevant provisions of the Act. <Amended
by Act No. 5153, Aug. 8, 1996>
Article 4 (Transitional Measures as to Registration of Items, etc.)
(1) Items of agrochemicals and technical concentrates (excluding those of imported
agrochemicals and technical concentrates) which are registered in accordance with the provisions of
this Act before they have been amended at the commencement of this Act, shall be construed as
registered in accordance with Articles 8 and 16, and items of imported agrochemicals and technical
concentrates among the registered agrochemicals shall be construed as registered in accordance with
Article 17.
(2) The original period of the validity of registration of items shall be 5 years in spite of the
provisions of Article 11, where the registration of items concerned which are regarded as registered in
accordance with para graph(1) has passed 10 years in accordance with the provisions of this Act before
they have been amended from the date such items are notified.
Article 5 (Transitional Measures as to Application of Penal Provisions)
The application of penal provisons to the activities prior to the enforcement of this Act shall be
relied on the provisions of this Act before they have been amended.
Article 6 (Transitional Measures as to Termination of Fund for Agrochemicals Management)
(1) The Fund for Agrochemicals Management which has been established by the provisions of
this Act before they have been amended at the commencement of this Act shall be used by the manager
of the Fund in accordance with the provisions of this Act before they have been amended, to pay
expenses for tests, education, and campaigns for safe use, handling and management of agrochemicals,
and expenses for administration of the Fund.
(2) The manager of the Fund in charge of using it in accordance with paragraph (1) shall
submit plans for estimated expenses by 30 days before each fiscal year starts, and annual report of the
Fund to the Minister of Agriculture and Forestry within 60 days from the date of the expiry of each
fiscal year. <Amended by Act No. 5153, Aug. 8, 1996>
Article 7 (Relations with Other Acts and Subordinate Statutes)
Where the previous provisions of the Agrochemicals Control Act are referred to in other Acts
and subordinate statutes at the time this Act enters into force, if there are relevant provisions in this Act,
the Act or such provisions thereof are construed as referred to in replacement of previous provisions.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of enforcement of the Presidential Decree concerning
the organization of the Ministry of Maritime Affairs and Fisheries, and the Maritime Police Authority
in accordance with the amended provisions of Article 41 of the Government Organization Act within
30 days from the date this Act is promulgated.
<<Enforced on the date of its promulgation pursuant to the Presidential Decree No. 15135,
dated Aug. 8, 1996>>
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5945, Mar. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1999: Provided, That the amended
provisions of Article 30 (1) shall enter into force on January 1, 2000.
(2) (Transitional Measures on Pest Control Services for Exported and Imported Plants) A person who
has registered pest control services for exported and imported plants under the provisions of Article 3 (2)
at the time of enforcement of this Act shall be regarded as having made a report as prescribed in Article
3-2 of the amended provisions.
ADDENDA <by Act No. 6763, Dec. 11, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation:
Provided, That the amended provision of Article 15 shall enter into force on the date on which the
Rotterdam Convention shall be in force for Korea.
(2) (Transitional Measures with respect to Agrochemical Sales Business) An action of registration or
revocation of registration and other official action that were taken by the Mayor/Do governor, or an
action that was done to the Mayor/Do governor, under the previous provisions in force at the time of the
enforcement of this Act shall be deemed to be an action that has been taken by, or an action that has been
done to, the head of Si/Gun/Gu in accordance with the provisions equivalent thereto, if any, of this Act.
(3) (Transitional Measures with respect to Application of Penal Provisions) The application of penal
provisions to the offenses that were committed prior to the enforcement of this Act shall be governed by
the previous provisions.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.