[Fact Check] Fish caught in China and dried in Jeju… Can I add ‘Jeju’ to the product name?

(Seoul = Yonhap News) Reporter Kwon Hye-jin = If fish caught in China is dried and processed in Jeju, where is the origin of this fish?

Recently, there was controversy on social networking services (SNS) over the country of origin of a product that emphasized 'natural fish dried in Jeju' on the front of the packaging.

This is because, contrary to the advertising text on the packaging, the country of origin of the fish was written on the back of the packaging as China.

This post was filled with comments saying they had similar experiences.

For example, the packaging says 'Pohang Guryongpo Gwamegi', but the origin of the saury was Taiwan, or it says 'Daegwallyeong Dried Pollack', but it was Russian pollack. There is also a review saying that when I purchased 'Andong ground mackerel', it was mackerel from Norway.

The same goes for foods other than seafood.

There is also a review saying that they bought fruit jelly named after a region in the country, but the country of origin of the main ingredients and the manufacturing plant were all listed as China.

To what extent is a labeling method like this that can be mistaken for a domestic product legally permitted?

We checked with related ministries, such as the Ministry of Oceans and Fisheries and the Ministry of Food and Drug Safety, whether it is okay to use a product name containing a domestic region name after processing overseas agricultural and fishery products domestically, and whether the regional name must be greater than the percentage of ingredients before it can be included.

◇ The country of origin is foreign, but the packaging contains the local name of the country?... “If there is a connection, it can be marked.”

The publisher who first posted the article claimed that the controversial dried fish products from Jeju had 'Jeju' in both the product name and brand name, which was even more misleading.

In response to this, there are reactions on social media that point out that it is a 'trick' and that using the processing area in the brand name or on the packaging is already an old practice.

Like this, is it okay to sell imported ingredients with the name of the domestic region indicating that they were processed domestically?

To conclude, regional names can be used in product names, etc., if there is a connection to the region in the manufacturing/processing of the product or raw materials.

For example, if seafood comes from China but is processed in Jeju, ‘Jeju’ can be used in the product name, etc.

An official from the Ministry of Food and Drug Safety, the ministry in charge of managing food names, explained, "Based on the Food Labeling and Advertising Act (Act on Labeling and Advertising of Food, etc.), if there is nothing to associate with Jeju, such as not manufacturing or processing in Jeju, it may be problematic because it is untrue, but if there is a connection that can be objectively proven, a regional name can be used."

At this time, the criteria for assessing relevance include both materials and processing locations. Additionally, there are no separate standards for the raw material ratio that must be met in order to include the regional name in the product name.

In the case of Jeju fish products that have been controversial on social media, even if the main ingredients originate from China, if they were processed in Jeju or some ingredients from Jeju were used, this means that there can be a connection.

In fact, if you look at the product's country of origin label, it appears that 'Jeju seawater' was partially used, and the manufacturer is also listed as being in Jeju.

The application of a unique method unique to the region, collaboration with the region, business agreements, etc. are also grounds for indicating the region name.

In response to a question posted on Kookmin Shinmungo in November of last year, 'If a regional name is displayed as part of the product name, can it be displayed if the association with the region can be proven?', the Ministry of Food and Drug Safety said, "The Food Labeling and Advertising Act and the 'Food Labeling Standards' do not separately stipulate the display of a specific region name as part of the product name." He added, "Regarding the use of a specific region name, the association with the region (using raw materials produced in the region or carrying out manufacturing/processing operations of the product in the region, etc. “Only in cases where it is possible to objectively prove a region’s unique method, collaboration, business agreement, etc., it can be displayed under the responsibility of the business operator to the extent that it does not violate other laws (‘Country of Origin Labeling Act’, ‘Trademark Act’, etc.).”

In the case of fruit jelly, which was mentioned as a similar example on social media, the country of origin indication indicates that it contains 0.1% of fruits from a specific region in Korea, so the name of the region can be used as well.

The same standard applies to other cases discussed online, such as Cheonan walnut snacks made with walnuts from California, or Busan fish cakes with actual manufacturing plants located in other regions.

Even if American walnuts are used, they are manufactured in Cheonan or at a factory in another region, and if ingredients produced in Busan are used, they can be called Cheonan walnut snacks or Busan fish cakes.

◇ Product name and country of origin are separate… The origin standards for marine products are:

However, whether a regional name can be used on a product and indicating the country of origin are separate issues. This means that the country of origin must be accurately indicated in accordance with the law.

Fish from China should not be labeled as domestically produced even though it has been processed domestically.

In particular, the country of origin labeling standards for marine products receive attention on social media. Unlike agricultural products, fish are caught in open seas by domestic ships, and in some cases, foreign ships fish in the high seas near Korea.

Fishery products are basically labeled with their place of origin based on the fishing area. However, the origin of marine products caught in the high seas is determined by the nationality of the vessel.

The Ministry of Oceans and Fisheries, which has jurisdiction over the management of the origin of marine products, explained this by saying, “In the high seas, it depends on the nationality of the vessel in question.”

Even if it is not in our territorial waters, marine products caught by Korean ships can be labeled as domestic.

However, separate labeling standards apply to marine products caught in overseas waters through deep-sea fishing.

In accordance with Article 6 of the Ocean Industry Development Act, fishery products caught in overseas waters and brought into the country by fishing vessels licensed for deep-sea fishing are marked as ‘Ocean-sea fish’ or marked with ‘Ocean-sea fish’ and the name of the sea area such as ‘Pacific’, ‘Atlantic’, or ‘Indian Ocean’.

If squid from China was brought to Korea and processed into salted squid by adding domestic ingredients, what would happen to the country of origin labeling of this salted squid?

In accordance with Article 3, Paragraph 2 of the Enforcement Decree of the Origin Labeling Act, processed products must basically indicate the country of origin in the 1st to 3rd mixing ratios.

For example, if it is a salted squid product, it must be indicated that the squid is from China.

Additionally, when the name of a raw agricultural or marine product is used as part of the product name or product name, the country of origin must be additionally indicated even if it is not subject to labeling.

Even fruit jellies with domestic regional names must indicate the country of origin as mentioned in the product name, even if the fruit content is 0.1%.

Some have pointed out on social media that the country of origin is not indicated on some food packaging, making it difficult to confirm whether it is domestically produced.

However, under the current law, marine products and their processed products designated as country of origin must be printed directly on the packaging or used stickers to indicate the country of origin, which is illegal. Manufacturers, distributors and sellers who do not display the product will be subject to a fine of between 50,000 won and 10 million won.

Falsely indicating the country of origin is punishable by up to 7 years in prison or a fine of up to 100 million won.

If a false statement is made again within 5 years of being sentenced for a false labeling violation, a prison sentence of between 1 and 10 years or a fine of between 5 million won and 150 million won will be imposed.

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