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ENFORCEMENT RULE OF THE SCHOOL MEALS ACT

[Enforcement Date: Feb. 25, 2009] [Ordinance of the Ministry of Education, Science and Technology No. 29, Feb. 25, 2009, Partial Amendment] Ministry of Education, Science and Technology (School Athletic Health & Meal Service Division) Tel.: 02-2100-6395

Article 1 (Purpose)

The purpose of this Rule is to prescribe the matters delegated by the School Meals Act and the Enforcement Decree of the same Act, and those necessary for the enforcement thereof. Article 2 (Report, etc. on Commencement of School Meal Services) (1) The report on the commencement of school meal services pursuant to Article 3 (1) of the Enforcement Decree of the School Meals Act (hereinafter referred to as the "Decree") shall be made in accordance with the written report on commencement of school meal services according to the format of Form 1 by no later than ten days prior to the commencement of meal services.

(2) For the report on the change pursuant to Article 3 (2) of the Decree, the contents thereof shall be reported within 20 days from such change. (3) The head of a school shall report the current status of the meal services as of the end of each school to the Minister of Education, Science and Technology (hereinafter referred to as the "Minister") or the Superintendent of the Office of Education (hereinafter referred to as the "Superintendent") in accordance with the current status of implementation of meal services according to the format of Form 2 by Feb. 28, and the Superintendent shall report thereof to the Minister by Mar. 30.

(4) The Minister or the Superintendent shall enter the matters reported pursuant to sections (1) through (3) into the educational information system referred to in Article 30 (4) of the Elementary and Secondary Education Act, and manage them. Article 3 (Detailed Standards for Meal Service Facilities) (1) The detailed standards for the facilities and their appurtenant facilities referred to in Article 7 (2) of the Decree shall be as stated in the attached Table 1. (2) The specific standards such as the capacities of the refrigerating and freezing facilities, and equipment, machine and tools related with cooking and meal services, among the standards pursuant to paragraph (1) shall be prescribed by the Superintendent. Article 4 (Standards for Quality Control of Food Materials for School Meals) (1) The standards for quality control of food materials pursuant to Article 10 (2) of the School Meals Act (hereinafter referred to as the "Act") shall be as stated in the attached Table 2.

(2) In the event that quality shall be preferentially taken into account to elevate the quality of school meals and to secure the safety thereof, the contracts for purchasing food materials may utilize the methods of entering contracts by negotiation, pursuant to Article 43 of the Enforcement Decree of the Act on Contracts to Which the State is a Party or Article 43 of the Enforcement Decree of the Act on Contracts to Which a Local Government is a Party. Article 5 (Standards for Nutrition Control of School Meals) (1) The standards for nutrition control of school meals pursuant to Article 11 (2) of the Act shall be as stated in the attached Table 3.

(2) The matters to be taken into consideration at the time of preparation of menus in accordance with paragraph (1) shall be as follows:

1. Succession and development of traditional dietary culture shall be considered;

2. Various kinds of foodstuffs such as grains, starches, vegetables and fruits, fish, meat and beans, milk and dairy products shall be used;

3. Salt, oils and fats, sugars or food additives shall not be overused;

4. Natural foodstuffs and seasonal foodstuffs shall be used if possible; and

5. A variety of cooking methods shall be utilized. Article 6 (Standards for Sanitation and Safety Control of School Meals) (1) The standards for sanitation and safety control of school meals pursuant to Article 12 (2) of the Act shall be as stated in the attached Table 4. (2) The Minister may determine the guidelines for observance and improvement of the standards pursuant to section (1).

Article 7 (Observance Matters for Quality and Safety)) (1) The term "other matters necessary for the quality and safety of school meals" in Article 16 (2) 2 of the Act refers to the following matters:

1. Disclosure of the percentage of expenses for foodstuffs among the expenses for meals borne by the guardians for each semester; and

2. Keeping and storing of documents related with school meals (storage period shall be three years):

(a) Journal of school meals stating number of persons served with school meals, menus, quantity of nutrition supplies, etc.; and

(b) Journal of inspection of food materials and itemized accounts of transactions. Article 8 (Visit, Inspection, etc.)

(1) The visits and inspections, etc. for the facilities under subparagraph 2 of Article 14 of the Decree shall be implemented by the following subparagraphs, and they may be implemented on several occasions where necessary for the operation of school meal services.

1. Confirmation on whether or not of fulfilling the standards for quality control of food materials pursuant to Article 4 (1), standards for nutrition control pursuant to Article 5 (1), and the observance matters pursuant to Article (7) and guidance thereof shall be implemented not less than once a year, and it shall be simultaneously implemented at the time of confirmation and guidance of subparagraph 2; and

2. Confirmation on whether or not of fulfilling the standards for sanitation and safety pursuant to Article 6 (1) and guidance thereof shall be implemented not less than twice a year.

(2) Where deemed necessary for the efficient implementation of the visit to and inspection, etc. of the facilities under subparagraph 2 of Article 14 of the Decree, the Minister, the Superintendent or the head of the relevant district office of education may request the Commissioner of the Korea Food and Drug Administration, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor, the Special Self-Governing Do governor, or the head of the city/Gun/Gu for administrative assistance (3) The public official concerned who has conducted the visit and inspection pursuant to paragraphs (1) and (2) shall record the results thereof in the journal of visits and inspections according the format of Form 3 kept in the facilities related with the relevant school meal services.

(4) The voucher indicating the authority of public officials pursuant to Article 19 (2) of the Act shall be in accordance with the format of Form 4. Article 9 (Collection and Request, etc. for Inspection) (1) The following inspection may be conducted pursuant to Article 19 (1) of the Act:

1. Inspection of germs; and

2. Inspection of the place of origin, quality and safety of food materials. (2) The public official who has collected the material to be inspected shall seal such material at the place of collection, and have it stamped or signed by the relevant public official and the collected person, and request the inspection agency concerned such as the public health and environment research institute in the Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Do, or the public health clinic of the city/Gun/Gu for the inspection, or directly conduct the inspection: Provided, that for the inspection under paragraph (1) 2, he/she may request the administrative agency concerned such as the National Agriculture Products Quality Management Service, the National Veterinary Research and Quarantine Service or the National Fisheries Products Quality Inspection Service for collection and inspection thereof.

(3) In the event of collecting the material to be inspected pursuant to paragraph (2), he/she shall deliver the certificate of collection according to the format of Form 5; and when he/she has requested for inspection, he/she shall record the contents thereof in the register of disposition on collection and inspection according to the format of Form 6, and shall keep it. Article 10 (Request, etc. for Administrative Disposition) In the event of intending to request the head of the competent administrative agency for necessary dispositions such as administrative dispositions, etc. pursuant to Article 21 of the Act, such request shall be filed by attaching the confirmation letter according to the format of Form 7 or the result of inspection under Article 9 (1). Article 11

ADDENDUM

This rule shall enter into force on the date of its promulgation.