South Korea Reach Regulation For Various Sectors

The Pesticide Control Act

In 1956, a mass poisoning happened in Gyeongbuk province in South Korea, which resulted in a large number of deaths. This incident triggered the enactment of the Pesticide Control Act in South Korea, which has been enforced since October 28, 1957, and the recent amendment came into force on April 25, 2024.

The purpose of this Act is to promote improvement in the quality of pesticides, the establishment of order in the distribution and safe use thereof, and to contribute to agricultural production and the conservation of the living environment by prescribing matters concerning the production, importation, sale, and use of pesticides in South Korea.

The Scope of the Pesticide Control Act

Key terms

• Pesticide:
  • Fungicides, insecticides and herbicides used for controlling disease and insect pests which damage crops
  • Chemicals used for promoting or repressing physiological functions of crops
  • Other chemicals prescribed by MAFRA (the Ministry of Agriculture, Food and Rural Affairs).
  • MInistry of Agriculture, Food and Rural Affairs
• Biopesticide: Pesticides manufactured from living microorganisms, naturally occurring organic or inorganic compounds as active ingredients.
• Item: the pesticide product which is identical in terms of the percentage of respective active ingredients and the method of preparation
• Technical Concentrate: the substance in which active ingredients of pesticides are concentrated

Responsible Actors

• Manufacturer: manufacturing and selling pesticides in South Korea
• Technical Concentrate Business: manufacturing and selling technical concentrates in South Korea
• Importer: importing and selling pesticides or technical concentrates

Requirements and Registration regarding the Pesticide Control Act

The manufacturers, technical concentrate business holders, and importers must register their business to RDA (the Rural Development Administration). Manufacturers must register each item of pesticide, technical concentrate business holders must register each type of technical concentrate, Importers must register each type of items of pesticide or technical concentrates to the RDA before placing them in South Korea. To do the registration, manufacturers/technical business holders/importers shall submit the application, test results and the samples of the products.

Lists for the registration application

• Manufacturer and Importer
  • Applicants name, address, identity number, location of manufacture
  • Pesticide’s name, and physical and chemical nature and conditions, types of active and other ingredients, and their respective contents
  • Manufacturing process of items
  • Types and capacity of containers
  • Target diseases, pests, and crops, instructions for the use and doses
  • Warranty period of the effect
  • Details and method of detoxification (only if it is harmful to human or livestock)
  • Details (Only if it is inflammable, explosible or harmful to skin or aquatic life)
  • Cautions for safekeeping and use

• Technical Concentrate Business and Importer
  • Applicants name, address, identity number, location of a factory
  • Technical concentrates’ name, kind, physical and chemical nature and conditions, and respective contents of principal ingredients
  • Manufacturing and synthesizing process
  • Details (Only if it is inflammable or explosible)

• Importer
  • Depending on whether it is imported pesticide or technical concentrate, follow the according lists above.

**Hazardous pesticides and technical concentrates, which are notified by MAFRA, are banned to import in South Korea.

**Registration is valid for 10 years. After 10 years, the registration and assessment shall be newly implemented.

Exemption

The manufacturers who wish to place biopesticide or designated pesticides under the enforcement decree of the Act can be exempted from submitting some or all parts of test results. In a similar way, designated technical concentrates under the enforcement decree can be exempted from registration. The importers can be exempted and place imported pesticides or technical concentrates if they fall into any of the following.

1. An unregistered pesticide or technical concentrate is imported for testing or academic research purposes
2. An unregistered pesticide is urgently needed to control disease and pests or to promote or repress physiological functions, and there is no replaceable registered pesticide

In this case, the importers do not need to submit some or all parts of test results. Instead, they shall apply for the approval for the import to RDA. The following lists of documents need to be submitted for approval.

1. An unregistered pesticide or technical concentrate is imported for testing or academic research purposes

• Plan for the importing/selling of the pesticide or technical concentration
• MSDS
• Proof that shows that it was legally manufactured through approval or registration in country of manufacture

1. An unregistered pesticide is urgently needed to control disease and pests or to promote or repress physiological functions, and there is no replaceable registered pesticide
   • Physicochemical analysis data and analysis method
   • The three documents stated fo
   • Explanatory materials on the need for urgent use
   • Proof that shows that the pesticide can be supplied in the country of manufacture

Labelling and Placing Under the Pesticide Control Act

Labelling of the Pesticide and Techinical Concentrate

The manufacturers or importers must write the following on the package

• Pesticide’s name
• Content of each active ingredient
• Name of target disease and pests
• Warranty period for pesticides

The technical concentrate business holders or importers must write the following on the package

• Technical Concnetrate’s name
• harmfulness
• Handling instructions

Prohibition for placing and false advertisement

Manufacturers, Technical concentrate business holders and importers shall not place the pesticide or technical concentrate that are not registered, unlabelled or inappropriately labelled, repackaged or subdivided, whose warranty period has expired, or subject to recall, according to [Article 21].

Manufacturers and importers shall not make any false advertisement or exaggerated advertisement about pesticides and such that he or she manufactured or imported.