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K-Food Regulation Summary

Summary of Background and History of Introducing Use-by Date in Korea (Expiry Date vs Use-by Date)

Background and History

In Korea, prior to the introduction of Use-by Date, 'Expiry Date' and 'Best Before Date' were used. These terms became crucial guidelines for consumers to understand the period during which food can be safely consumed.

  • Expiry Date: It signifies the period from the manufacturing date until the date when the product is allowed to be sold to consumers. It is considered that after the use-by date, there is a high possibility of the food's quality deteriorating.
  • Basis: <Food Hygiene Law No. 10> (March 30, 1985) and <Korea Food and Drug Administration Food Labeling Standards 2020-1> (June 1, 2020).
  • Best Before Date: It refers to the period during which the taste, smell, color, and quality aspects of the food can be maintained at their best state.
  • Basis: <Food Labeling Standards No. 2000-1> (September 15, 2000).

History:

  • 1985: Mandatory implementation of Expiry Date (<Food Hygiene Law Enforcement Regulation No. 10, March 30, 1985).
  • 2000: Introduction of the concept of Best Before Date (<Food Labeling Standards No. 2000-1, September 15, 2000).
  • 2010s: Concurrent usage of Expiry Date and Best Before Date.

Comparison of Expiration Date with Expiry Date and Use-by Date

Advantages of Expiry Date

  • Ensures consumer safety: Encourages consumers to consume the product within a short period after purchase, thus ensuring safety.
  • Clear designation of purchase period: Allows consumers to clearly determine the purchase timing of the product.

Disadvantages of Expiry Date

  • Increases food waste: Many food items are discarded even though they are safe to consume after the use-by date (<Korea Consumer Agency Report, January 2020).
  • Consumer confusion: Many consumers do not clearly understand the difference between Use-by Date and Best Before Date, leading to confusion (<Korea Food and Drug Administration Food Labeling Management Standards No. 2020-1, June 1, 2020).

Advantages of Use-by Date

  • Reduces food waste: Guides consumers on the final date by which food can be safely consumed, decreasing unnecessary waste (<Korea Food and Drug Administration Research Report, April 2021).
  • Provides clear information: Enhances consumers' understanding of food safety-related information.
  • Environmental protection: Reduces food waste, contributing to environmental protection (<Ministry of Environment Report, March 2021, 'Policy Research for Reducing Food Waste').

Disadvantages of Use-by Date

  • Gradual implementation required: Transitioning to a Best Before Date system requires adaptation time for both consumers and the industry.
  • Excessive expectations: Prolonged Best Before Dates may lead consumers to mistakenly believe that all food items are always safe to consume (<Korea Food and Drug Administration Consulting Report, February 2021).

Implementation Process

Research and Preparation

  • Research conducted: Korea MFDS (Ministry of Food and Drug Safety) thoroughly analyzed domestic and international cases and research various food storage conditions and quality maintenance periods (<Korea Food and Drug Administration Research Report 'Analysis of Domestic and International Cases for Introducing Use-by Date', August 2019).
  • Pilot projects: Pilot projects for labeling Use-by Date on various foods were carried out, and feedback was received from food manufacturers and distributors (<Korea Food and Drug Administration Pilot Project Results Report, September 2020).

Legalization and Guidelines

  • Bill creation: Introduced the mandatory labeling of Use-by Date through the Food Hygiene Law Amendment No. 2021-001.
  • Providing guidelines: Established detailed guidelines for setting Use-by Date to ensure compliance within the food industry (<Food Labeling Standards No. 2021-1, April 1, 2021).

Application and Expected Effects

Application Timing

  • Stage-by-stage application: Initially starting with products where mandatory date setting is clear and gradually expanding to encompass more products.

Expected Effects

  • Reduction in food waste: Reduces the disposal of safely consumable food items after the expiration date (<Ministry of Environment Report, March 2021).
  • Increased consumer trust: Clear date labeling increases consumer trust.
  • Environmental protection: Decreased food waste positively impacts environmental protection.

International Cases

European Union (EU)

  • Legal provisions: The EU distinguishes between 'Best Before Date' and 'Use By Date' and mandates clear date labeling under Regulation (EU) No 1169/2011.
  • Basis: Regulation (EU) No 1169/2011 on the provision of food information to consumers, October 25, 2011.
  • Examples: In the UK, programs are in place to discount or donate expired food items. France has enacted food donation laws to alleviate food waste issues.

United States

  • Legal provisions: The US FDA employs 'Best If Used By/Before Date' and 'Use By Date'. While there are no federal regulations on expiration dates, the FDA provides guidelines.
  • Basis: FDA's guidance on food labeling (Rev. 2017), "Use-by and Best-if-used by dates", December 2017.
  • Examples: California activates programs to donate soon-to-expire food items. Retail giants like Walmart continue selling products past the expiration date under specific conditions.

Japan

  • Legal provisions: Japan uses Best Before Date and Use-by Date. Clear date labeling is required under the Food Sanitation Law.
  • Basis: Japan Food Sanitation Law Article 9, April 2018.
  • Examples: Convenience stores in Japan discount products nearing their Best Before Date and repurpose expired items. Additionally, food donation programs are in operation.

Codex Alimentarius

  • Legal provisions: Codex establishes international food standards and clearly defines the concepts of 'Best Before Date' and 'Use By Date', which are implemented through each member country's regulations.
  • Basis: Codex General Standard for the Labelling of Prepackaged Foods, Codex Stan 1-1985 (Rev. 2010).
  • Examples: Member countries reinforce their regulations based on Codex guidelines, enhancing food safety in international trade.
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