No Repackaging, Full Enforcement from January Next Year... Ministry of Environment: "Discount Regulation? It's a Misunderstanding"
No Repackaging Rule, 6-Month Guidance Period Until Year-End
Industry Feedback and On-Site Adaptation Period to Be Conducted Until Year-End
Ministry of Environment: "Careful Preparation While Postponing Law Enforcement"
[Asia Economy Reporter Kim Bo-kyung] The Ministry of Environment will have a guidance period this year regarding the so-called 'repackaging ban' system and will fully enforce the law from next year, including imposing fines. Regarding some reports that this system regulates bundle packaging discounts, the ministry clarified that it was a "misunderstanding."
On the afternoon of the 22nd, the Ministry of Environment held a briefing at the Government Sejong Complex and announced the schedule for re-examining detailed guidelines such as the notification of exceptions to the repackaging ban and the guidelines, as well as the implementation timing.
First, the 'main principle' of the repackaging ban regulation will be implemented as scheduled from the 1st of next month. The repackaging ban regulation itself will not be nullified or reconsidered from scratch.
The official name of the repackaging ban regulation is Article 11 of the "Standards on Packaging Materials and Methods of Products (Ministry of Environment Ordinance, Enforcement Rules)." This law, revised in January last year, clearly states that "products produced in packaging must not be repackaged for manufacture, import, or sale."
The Ministry of Environment expressed its intention to supplement after reconsidering from scratch the 'detailed guidelines' that define the exceptions to the repackaging ban. In other words, these are the notification of exceptions to the repackaging ban and the guidelines necessary for the industry to apply on-site.
The Ministry of Environment conducted a research project and announced the notification (exception criteria for repackaging of packaged products) defining the exceptions to the repackaging ban last month as an administrative notice.
Since then, from the end of last month, the Ministry held meetings with related industries such as distribution and food sectors and was preparing guidelines upon industry requests to explain specific cases regarding the scope of repackaging application and exceptions. However, as the law's enforcement in July approached, the communication process between the Ministry and the industry was too short and rushed, leading to misunderstandings.
Song Hyung-geun, Director of the Natural Environment Policy Office at the Ministry of Environment, said, "During the explanation of the scope of the repackaging ban application, some misunderstandings arose that it regulates bundle packaging discounts." He explained that an attempt was made to use the distinction between repackaged products prohibited by law and promotional discount activities as a criterion, which sparked controversy that "discount benefits were being removed."
Director Song said, "To ensure the prompt establishment and effectiveness of the repackaging ban system, we plan to reconsider the scope of application to be specified in the guidelines."
The Ministry of Environment plans to discuss the supplemented guidelines and all controversial issues in a 'consultative body' composed of manufacturers, distributors, civil society, consumers, and experts from July to September to gather opinions.
Once the guidelines are finalized through this process, an adaptation period will be provided from October to December so that the industry can adjust to the new system. Consumer surveys and the feasibility of on-site application by related industries such as manufacturers and distributors will also be evaluated.
The Ministry plans to fully enforce the law from January next year after correcting and supplementing issues identified during the adaptation period. However, considering the possibility that the opinion-gathering and adaptation period may be longer than expected, the ministry stated that the enforcement period of the law could be operated "flexibly."
When the law is fully enforced, a fine of up to 3 million KRW will be imposed if repackaging acts are detected.
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Director Song explained, "It is necessary to gather more opinions from stakeholders regarding the detailed guidelines for law application and enforcement," and added, "We will carefully prepare while postponing law enforcement as a guidance period."
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