「조리사」를 두어야 하는 식품접객업자를 규정한 식품위생법 제51조 제1항 전문과 동법 시행령 제36조에 대한 법·정책적 개선 방안 - 수산시장에서 복어조리기능사 자격 없이 복어를 손질(제독)하는 것과 관련하여 -

Article 1 (Purpose) of the Food Sanitation Act stipulates that “the purpose of this Act is to contribute to the protection and promotion of national health by preventing sanitary hazards caused by food, promoting qualitative improvement of food nutrition, and providing accurate information on food.” In accordance with the purpose of this Food Sanitation Law, the Ministry of Food and Drug Safety strictly limits the types of puffer fish that can be eaten to 21 in the “Standards and Specifications for General Foods” of the Food Code, regarding puffer fish that contain lethal toxin (TTX). In addition, Article 51, Paragraph 1 of the Food Sanitation Act and Article 36 of the Enforcement Decree of the same Act specifically stipulate that only pufferfish cooking experts (with Craftsman Cook, Puffer fish) may cook and sell pufferfish, thereby preventing food safety accidents caused by pufferfish poison in advance and protecting the lives and bodies of the people. That is, according to Article 51, Paragraph 1 of the Food Sanitation Act and Article 36 of the Enforcement Decree of the same Act, food service providers who cook and sell pufferfish that require puffer toxin removal, as designated by the Presidential Decree, must have a cook who has acquired Craftsman Cook Puffer fish according to the National Technical Qualifications Act. However, if a self-employed person or a seafood seller who operates a cleaning(removal of poison) service business in a fish market prepares puffer fish containing lethal neurotoxin (TTX) and is a “cook” who has acquired Craftsman Cook Puffer fish according to the “National Technical Qualifications Act” and has received a license from the mayor of a special autonomous city, governor of a special autonomous province, mayor, county governor, or district head, there is no major problem. However, the reality is that most of the self-employed or seafood sellers who provide cleaning(removal of poison) service here have not obtained the Craftsman Cook Puffer fish according to the National Technical Qualifications Act. And since the current Food Sanitation Act and its enforcement decree regulate this primarily with “food service providers” at the center, the Fish cleaning place and seafood sales establishments in fish markets that cut up sashimi, which are included in the on-site sales manufacturing and processing industry, are not considered “food service providers” who must have a cook with Craftsman Cook Puffer fish. Therefore, even if a person who is not a cook with Craftsman Cook Puffer fish prepares (decontaminates) the pufferfish and cuts it into sashimi, it can be said that it is not a violation of the Food Sanitation Act. In this study, legal and policy improvement measures are proposed from the perspective of prior food safety prevention in relation to the handling of puffer fish containing the lethal neurotoxin tetrodotoxin (TTX) in the body by cleaning(removal of poison) service providers or seafood sellers who have not acquired Craftsman Cook Puffer fish in fish markets.