When the Use-by Date on Imported Food Labels is Erased or Not Displayed (Labeled)

[Regulatory Case Study] When the Use-by Date on Imported Food Labels is Erased or Not Displayed

Case Description

A convenience store or supermarket discovered that the label on some imported food products has been damaged, making the use-by date erased or not displayed. How should importers, business operators (convenience store or supermarket), and consumers handle this situation?

Relevant Laws

According to Korean food law, the use-by date is crucial for providing consumers with basic information about the freshness and safety of the product.

1. Food Sanitation Act [Effective 2024.5.14] [Act No. 20307, partially amended on 2024.2.13] Article 44 (Compliance Requirements for Business Operators) 3: Do not subdivide, transport, display, store, sell, use for manufacturing, processing, or cooking food products, or raw materials whose use-by date has expired.
2. Labeling Standards of Foods [Notice No. 2022-86, 2022.12.14.] IV. Use-by Date or Best-before Date:
   1. The use-by date must be marked as "○○Year○○Month○○Day", "○○.○○.○○", "○○○○Year○○Month○○Day," "○○○○.○○.○○" or "Use-by: ○○○○Year○○Month○○Day." However, for meat products with a use-by date within 3 months, the "year" notation may be omitted.
3. Special Act on Imported Food Safety Control (Abbreviated: Imported Food Act) [Effective 2024.7.3] [Act No. 19915, partially amended on 2024.1.2] Chapter 4, Management at the Import Stage, Article 20 (Import Declaration, etc.) 1: Actions of false or other improper methods in import declarations.

Penalties: If a business operator fails to adhere to the use-by date regulations or sells products with an erased or missing use-by date, the following penalties may apply according to the relevant laws:

• Warning: A warning may be issued for the first violation.
• Fines: Continued violations may result in fines (minimum of ₩1,000,000 to over ₩10,000,000).
• Suspension of Business: Significant or repeated violations may lead to business suspension.
• Criminal Prosecution: If a significant danger is posed to consumers, criminal charges may be pursued.

Assessment Criteria

1. Visual Inspection: Firstly, check visually if the use-by date is erased or unclear and examine if the packaging itself is damaged. Potential spoilage of the contents should also be considered.
2. Supplier Verification: The store should immediately contact the supplier or manufacturer to verify the accurate use-by date. If necessary, new and correct labels should be provided and affixed to the products.
3. Recall and Disposal Preparation: If the use-by date cannot be verified, the product should be immediately removed from sale and processed through recall or disposal procedures.

Operational Responses

Importer's Role:

1. Pre-Import Inspection: Before the product arrives in the country, thoroughly inspect the packaging and label accuracy. The use-by date should be clearly indicated and securely labeled to prevent damage.
2. Certificate of Assurance: The importer should prepare a detailed inspection and certificate of assurance and notify the supplier if the use-by date labeling is insufficient to verify accurate information.
3. Preparation of Alternative Products: In case of issues, the importer should promptly prepare alternative products and initiate a recall of the problematic products.
4. Use-by Date Labeling Methods:
   • Applying Korean Stickers: When attaching Korean information stickers, ensure the use-by date is printed on the sticker and affixed correctly.
   • Pre-labeled in Korean: If the product is imported with pre-labeled Korean information, using an over-sticker to cover the existing incorrect use-by date is not allowed. In such cases, the product must be disposed of or shipped back to the country of origin.

Business Operator's (Convenience Store or Supermarket) Role:

1. Receiving Products Lacking Use-by Dates:
   • Immediately stop the sale and remove the product from the shelves upon discovery.
   • Contact the supplier to verify the use-by date or receive new labels for replacement.
   • Any product whose use-by date cannot be verified should be disposed of immediately.
2. Discovering Partially Erased Use-by Dates During Sales:
   • Upon discovery, immediately consult with local authorities to determine the proper course of action.
   • If the local authorities approve, determine whether attaching an over-sticker with the correct information is allowed and proceed with selling the product accordingly.
   • If approval is not obtained from the authorities, dispose of the product or replace it with a new product with a clear use-by date.

Consumer's Role:

1. Checking Upon Purchase: Choose products with clearly marked use-by dates when purchasing.
2. Reporting Issues: If an unclear use-by date is discovered, immediately notify store staff.
3. Avoiding Suspicious Products: Refrain from using suspicious products and contact the store or manufacturer for safety verification.
4. Reporting: In case of concerns about substandard or defective food products, contact the Food Safety Information Center's substandard food reporting center at 1399.

Conclusion

Unclear or missing use-by dates on imported foods pose significant legal and safety issues. Accurate labeling of the use-by date is essential to ensure consumer safety and maintain the quality and freshness of foods. Importers, business operators, and consumers must diligently fulfill their respective roles and adhere to legal guidelines to handle these situations appropriately.