Measurement Act
Act No. 51 of May 20, 1992
The entirety of the Measurement Act (Act No. 207 of 1951) shall be revised
Chapter I General Provisions (Article 1 - Article 2)
Chapter II Measurement Units (Article 3 - Article 9)
Chapter III Execution of Proper Measurement
Section 1 Accurate Measurement (Article 10)
Section 2 Measurement pertaining to Sale of Commodities (Article 11 - Article 15)
Section 3 Use of Measuring instruments (Article 16 - Article 18)
Section 4 Periodic Inspection (Article 19 - Article 25)
Section 5 Designated Periodic Inspection Bodies (Article 26 - Article 39)
Chapter IV Supply of Accurate Specified Measuring instruments
Section 1 Manufacture (Article 40 - Article 45)
Section 2 Repair (Article 46 - Article 50)
Section 3 Sale (Article 51 - Article 52)
Section 4 Special Measuring Instruments (Article 53 - Article 57)
Section 5 Business of Manufacturing Special Containers (Article 58 - Article 69)
Chapter V Verification, etc.
Section 1 Verification, Inspection of Electric Meter with Transformer and Fitting Inspection (Article 70 - Article 75)
Section 2 Type Approval (Article 76 - Article 89)
Section 3 Designated Manufacturing Business Operators (Article 90 - Article 101)
Section 4 Inspection of Verification Standards (Article 102 - Article 105)
Section 5 Designated Verification Bodies (Article 106)
Chapter VI Measurement Certification Business
Section 1 Measurement Certification Business (Article 107 - Article 115)
Section 2 Measurement Certification Inspection (Article 116 - Article 121)
Section 3 Specified Measurement Certification Business (Article 121-2 - Article 121-6)
Section 4 Specified Measurement Certification Accreditation Organizations (Article 121-7 - Article 121-10)
Chapter VII Proper Measurement Control
Section 1 Certified Measurers (Article 122 - Article 126)
Section 2 Proper Measurement Control Business Places (Article 127- Article 133)
Chapter VIII Calibration, etc. of Measuring Instruments
Section 1 Calibration, etc. using Specified Standard Instruments (Article 134 - Article 142)
Section 2 Calibration, etc. using Measuring Instruments other than Specified Standard Instruments (Article 143 - Article 146)
Chapter IX Miscellaneous Provisions (Article 147- Article 169-2)
Chapter X Penal Provisions (Article 170 - Article 180)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to establish the standards of measurement and ensure execution of proper measurement and thereby to contribute to economic development and cultural enhancement.
(Definition, etc.)
Article 2 The term "measurement" as used in this Act shall mean to measure the following items (hereinafter referred to as the "quantity of the state of physical phenomena") and the term "measurement units" shall mean the standards for measurement:
(i) Length, mass, time, electric current, temperature, amount of substance, luminous intensity, angle, solid angle, area, volume, angular velocity, angular acceleration, velocity, acceleration, frequency, rotational frequency, wave number, density, force, moment of force, pressure, stress, viscosity, kinematic viscosity, work, power, mass flow rate, flow rate, quantity of heat, thermal conductivity, specific heat capacity, entropy, quantity of electricity, electric field strength, voltage, electromotive force, capacitance, magnetic field strength, magnetomotive force, magnetic flux density, magnetic flux, inductance, electric resistance, electric conductance, impedance, active power, reactive power, apparent power, active energy, reactive energy, apparent energy, attenuation of electromagnetic wave, electric power density of electromagnetic wave, radiant intensity, luminous flux, luminance, illuminance, sound power, sound pressure level, oscillating acceleration level, concentration, neutron emission rate, radioactivity, absorbed dose, absorbed dose rate, kerma, kerma rate, exposure, exposure rate, dose equivalent or dose equivalent rate.
(ii) Linear density, specific gravity and other items specified by Cabinet Order.
(2) The term "transactions" as used in this Act shall mean any act committed in the course of business, whether with or without consideration, for the purpose of supplying goods or services, and the term "certifications" shall mean to represent to others publicly or in the course of business that a certain fact is true.
(3) The measurements specified by Cabinet Order for the prevention of danger to human life or property arising from the driving of vehicles or operating ships or from the handling of explosives, gases and other hazardous materials shall be deemed to be certifications for the purpose of this Act.
(4) The term "measuring instruments" as used in this Act shall mean appliances, machines or equipment used for measurement and the term "specified measuring instruments" shall mean measuring instruments used in transactions or certifications, or among those measuring instruments principally for use in the life of general consumers, those specified by Cabinet Order as being those for which it is necessary to establish standards for their structure and instrumental error in order to ensure proper execution of measurements.
(5) In this Act, the manufacturing of measuring instruments in this Act shall include the alterations specified by an Ordinance of the Ministry of Economy, Trade and Industry, and repair of measuring instruments shall include alterations other than those specified by said Ordinance of the Ministry of Economy, Trade and Industry.
(6) The term "reference material" as used in this Act shall mean a material with a specified value representing the quantity of the state of a physical phenomenon specified by Cabinet Order that is used for the measurement of errors of measuring instruments for measuring the quantity of the state of the physical phenomenon.
(7) The term "calibration of measuring instrument" as used in this Act shall mean to measure the differences between the quantity of the state of the physical phenomenon indicated by the measuring instrument and the specified quantity of the state of the physical phenomenon as the standard for such measuring instrument, which the measuring instruments designated pursuant to the provision of Article 134, paragraph 1, or the reference material manufactured by using appliances, machines or equipment designated pursuant to the provision of the same paragraph, represents.
(8) The term "valuation of a reference material" as used in this Act shall mean to revise the value of the quantity of the state of the physical phenomenon given to the reference material by measuring the differences between that quantity of the state of the physical phenomenon and the specified quantity of the state of the physical phenomenon, as the standard for such measuring instrument, which the reference material manufactured by an appliance, machine or equipment designated pursuant to the provision of Article 134, paragraph 1, represents.
Chapter II Measurement Units
(Measurement Units pertaining to the International System of Units)
Article 3 The measurement units of the quantities of the state of physical phenomena listed in the left column of appended table 1 among the quantities of the state of the physical phenomena listed in paragraph 1, item 1 of the preceding Article shall be those listed in the right column of the same table and the definition of each of those units shall be prescribed by Cabinet Order in accordance with resolutions of the General Conference on Weights and Measures and other international decisions and practices with regard to measurement units.
(Other Measurement Units)
Article 4 In addition to the measurement units prescribed in the preceding Article, the measurement units of the quantities of the state of the physical phenomena listed in the left column of appended table 2 shall be those listed in the right column of the same table and the definition of each of those measurement units shall be prescribed by Cabinet Order.
(2) In addition to the measurement units prescribed in the preceding Article, the measurement units of the quantities of the state of the physical phenomena listed in the left column of appended table 3 shall be those listed in the right column of the same table and the definition of each of those measurement units shall be prescribed by Cabinet Order.
Article 5 In addition to the measurement units prescribed in Article 3 and Article 4, measurement units of their decimal-multiples and sub-multiples and their definitions shall be prescribed by Cabinet Order.
(2) In addition to the measurement units prescribed in Article 3, Article 4 and the preceding paragraph, the measurement units for length measurements at the sea level as well as the measurement units of length, mass, angle, area, volume, velocity, acceleration, pressure, and quantity of heat used for special measurements specified by Cabinet Order shall be prescribed by Cabinet Order.
(Measurement Units of Linear Density, etc.)
Article 6 The measurement units of the quantities of the state of the physical phenomena listed in Article 2, paragraph 1, item 2 and their definitions shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
(Symbols)
Article 7 The standard symbols of the measurement units prescribed in Article 3 through the preceding Article shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
(Prohibition on the Use of Non-Statutory Measurement Units)
Article 8 Measurement units other than the measurement units prescribed in Article 3 through Article 5 (the measurement units prescribed in Article 3 through Article 5 shall be hereinafter referred to as "statutory measurement units" and all other measurement units shall be hereinafter referred to as "non-statutory measurement units") shall not be used for transactions or certifications pertaining to quantities of the state of the physical phenomena listed in Article 2, paragraph 1, item 1.
(2) The measurement units specified in the Cabinet Order set forth in Article 5, paragraph 2 shall not be used for transactions or certifications unless such transactions or certifications pertain to the special measurements specified by the Cabinet Order set out in the same paragraph.
(3) The preceding two paragraphs shall not apply to the following transactions or certifications:
(i) Transactions or certifications pertaining to goods to be exported.
(ii) Transactions or certifications pertaining to the import of goods.
(iii) Transactions or certifications specified by Cabinet Order and conducted between persons with no address or residence in Japan or those other persons specified by Cabinet Order, or between said persons and others.
(Measuring Instruments Graduated with Non-Statutory Measurement Units)
Article 9 Measuring instruments used for the measurement of the quantity of the state of the physical phenomena listed in Article 2, paragraph 1, item 1 and graduated or marked with non-statutory measurement units shall not be sold or displayed for the purpose of sale. The same shall apply to the measuring instruments graduated or marked with measurement units specified by the Cabinet Order set out in Article 5, paragraph 2 other than those specified by the Ordinance of the Ministry of Economy, Trade and Industry as those exclusively used for special measurements specified by the Cabinet Order set out in the same paragraph.
(2) The provisions of the preceding paragraph shall not apply to measuring instruments to be exported and others specified by Cabinet Order.
Chapter III Execution of Proper Measurement
Section 1 Accurate Measurement
Article 10 Any person involved in the measurement of the quantity of the state of the physical phenomena in statutory measurement units when conducting transactions or certifications shall endeavor to execute accurate measurements.
(2) The prefectural governor, or the head of the municipality or special ward specified by Cabinet Order (hereinafter collectively referred to as "specified municipality") may, when he/she finds that a person as referred to in the preceding paragraph is not complying with the provision of the same paragraph resulting in creating a considerable impediment to proper measurements, recommend such person to take necessary measures; provided, however, that this shall not apply to the case where he/she may issue a recommendation pursuant to the provisions of Article 15, paragraph 1.
(3) If the prefectural governor or the head of the specified municipality has issued a recommendation pursuant to the provision of the preceding paragraph and the person who received such recommendation fails to follow the recommendation, the prefectural governor or the head of the specified municipality may publicly announce such fact.
Section 2 Measurement pertaining to Sale of Commodities
(Clear Indication of Length, etc.)
Article 11 A person engaged in the business of selling commodities suitable for sale on the basis of their measured length, mass or volume shall endeavor to clearly indicate their length, mass or volume in statutory measurement units when selling such commodities.
(Measurement of Specified Commodities)
Article 12 When a person engaged in the business of selling the commodities specified by Cabinet Order (hereinafter referred to as "specified commodities") sells the specified commodities indicating the specified physical phenomena quantity of the same (referred to as Cabinet Order-specified state of physical phenomena quantity for each commodity; the same shall apply hereinafter) in statutory measurement units, such person shall measure the specified physical phenomena quantity of such commodities so as not to exceed the measurement error level specified by Cabinet Order (hereinafter referred to as the "quantity tolerance").
(2) When a person engaged in the business of sale of specified commodities specified by Cabinet Order sells such specified commodities in a container, the person shall indicate the quantity of the state of the specified physical phenomena in statutory measurement units on each such container pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(3) The preceding two paragraphs shall not apply to the quantities of the state of the physical phenomena indicated pursuant to paragraph 1 or 2 of the following Article, or paragraph 1 or 2 of Article 14; provided, however, that this shall not apply to the case where the container or the package or any seal affixed thereto has been broken.
(Indication of the Quantity of the State of Physical Phenomena pertaining to Sealed-Up Specified Commodities)
Article 13 When a person engaged in the business of sale of specified commodities specified by Cabinet Order performs the sealing (an act to prevent any increase or decrease in the quantity of the state of the physical phenomena of a commodity unless the container, package, or any seal affixed thereto for the commodity has been broken; the same shall apply hereinafter) of the specified commodities as to the quantity of the state of the specified physical phenomena, he/she shall measure the quantity of the state of the specified physical phenomena of their commodities without causing a measurement error to exceed the quantity tolerance and affix such indication on such container or package pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(2) When a person engaged in the business of sale of specified commodities other than the specified commodities specified by the Cabinet Order set forth in the preceding paragraph performs the sealing of their specified commodities with regard to the quantity of the state of the physical phenomena and indicates such quantity in statutory measurement units on said container or package, the person shall measure the quantity of the state of the specified physical phenomena of their commodities without causing measurement errors to exceed the quantity tolerance, and such indication shall be made pursuant to the Ordinance of the Ministry of Economy, Trade and Industry set forth in the same paragraph.
(3) The indication pursuant to the provisions of the two preceding paragraphs shall include the name or title as well as the address of the person who affixes such indication.
(Indication of Quantity of the State of Specified Physical Phenomena pertaining to Imported Specified Commodities)
Article 14 When a person engaged in the business of the import of specified commodities specified by the Cabinet Order set forth in paragraph 1 of the preceding Article imports and sells such specified commodities that have been sealed as to the quantity of the state of the specified physical phenomena, he/she shall sell such specified commodities in such container or package bearing an indication of the quantity of the state of the specified physical phenomena that have been measured so as not to exceed the quantity tolerance, pursuant to the provision of the Ordinance of the Ministry of Economy set forth in the same paragraph..
(2) The provision of the preceding paragraph shall apply mutatis mutandis to the case where a person engaged in the business of the import of specified commodities other than the specified commodities specified by the Cabinet Order set forth in paragraph 1 of the preceding Article imports and sells such specified commodities that have been sealed up regarding the quantity of the state of the specified physical phenomena by putting them into a container or a package bearing an indication of such quantity of the state of the specified physical phenomena represented in statutory measurement units.
(3) The provision of paragraph 3 of the preceding Article shall apply mutatis mutandis to the indication pursuant to the provisions of the two preceding paragraphs. In this case, the "person who affixes such indication" in paragraph 3 of the same Article shall be deemed to be replaced with the "person engaged in the business of import."
(Recommendations, etc.)
Article 15 When a prefectural governor or head of a specified municipality finds there exists a risk of harm to the interests of persons who purchase specified commodities due to non-compliance with paragraph 1 or 2 of Article 12 by a person prescribed in the same provisions, or due to non-compliance with paragraph 1 or 2 of Article 13 by a person prescribed in the same provisions, or due to non-compliance with paragraph 1 or 2 of the preceding Article by a person prescribed in the same provisions, then he/she may issue a recommendation to such a person recommending the taking of certain necessary measures.
(2) In the case where the prefectural governor or the head of the specified municipality has issued a recommendation pursuant to the provision of preceding paragraph and the person who received such recommendation fails to comply with the recommendation, the prefectural governor or the head of the specified municipality may publicly announce such fact.
(3) When a person who has received a recommendation pursuant to the provision of paragraph 1 due to his/her non-compliance with paragraph 1 or 2 of Article 12 or paragraph 1 or 2 of Article 13 fails to take necessary measures pertaining to such recommendation without justifiable grounds, the prefectural governor or the head of the specified municipality may order such person to take necessary measures pertaining to the recommendation.
Section 3 Use of Measuring Instruments
(Restriction on Use)
Article 16 Any of the following items (excluding ships whose draft is used for measuring the mass of loaded goods and other measuring instruments specified by Cabinet Order) shall not be used or possessed for use for the purpose of measurements (including measurements of the quantity of the state of physical phenomena listed in Article 2, paragraph 1, item 2 and specified by Cabinet Order using measurement units specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 6. The same shall apply in Article 18, Article 19, paragraph 1 and Article 151, paragraph 1) in statutory measurement units when conducting transactions or certifications.
(i) Non-measurement instruments
(ii) Specified measuring instruments other than the following:
(a) Specified measuring instruments bearing the verification mark set forth in Article 72, paragraph 1 certifying the passage of a verification test executed by the Minister of Economy, Trade and Industry, or the prefectural governor, or Japan Electric Meters Inspection Corporation, or a person designated by the Minister of Economy, Trade and Industry (hereinafter referred to as a "designated verification body").
(b) Specified measuring instruments manufactured by a person designated by the Minister of Economy, Trade and Industry bearing the indication set forth in Article 96, paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 101, paragraph 3; the same shall apply in the following paragraph).
(iii) Specified measuring instruments specified by the Cabinet Order set forth in Article 72, paragraph 2 bearing the verification mark set forth in paragraph 1 of the same Article or the indication set forth in Article 96, paragraph 1 (hereinafter referred to as a "verification mark, etc."), the valid period of which, however, has expired.
(2) An electric meter (a specified measuring instrument specified by Cabinet Order and used for measurements in statutory measurement units in relation to transactions or certifications of electricity; the same shall apply hereinafter) shall not be used or possessed for use, together with a transformer, for the purpose of measurements in statutory measurement units with regard to transactions or certifications, except when the electric meter bears a matching number set forth in Article 74, paragraph 2 or 3 (hereinafter referred to simply as a "matching number" in the paragraph) certifying the passage of an inspection by the Minister of Economy, Trade and Industry, Japan Electric Meters Inspection Corporation, or a designated verification body covering electric meters to be used together with transformers (hereinafter referred to as an "electric meter with transformer inspection") and is used together with a transformer with the same matching number.
(3) A specified measuring instrument fitted to vehicles or other machinery and specified by Cabinet Order (hereinafter referred to as a "measuring instrument for fitting to vehicles, etc.") shall not be used or possessed for use for the purpose of measurements in statutory measurement units with regard to transactions or certifications, unless that specified measuring instrument bears a fitting inspection mark (limited to those valid period of which has not expired) set forth in Article 75, paragraph 2 certifying the passage of an inspection by the Minister of Economy, Trade and Industry, the prefectural governor, or the designated verification body by which specified measuring instruments are inspected after being fitted to the machinery (hereinafter referred to as a "fitting inspection").
(Use of Special Container)
Article 17 The provisions of paragraph 1 of the preceding Article shall not apply to a special container belonging to any of the types specified by the Ordinance of the Ministry of Economy, Trade and Industry (a transparent or semi-transparent container specified by the Ordinance of the Ministry of Economy, Trade and Industry; the same shall apply hereinafter) that was manufactured by a person designated by the Minister of Economy, Trade and Industry and bears the indication set forth in Article 63, paragraph 1 (including the cases where it is applied pursuant to Article 69, paragraph 1; the same shall apply in the following paragraph), if a commodity specified by Cabinet Order is filled up into that special container to the height designated by the Ordinance of the Ministry of Economy, Trade and Industry to indicate its volume in statutory measurement units when sold.
(2) If a commodity pertaining to a special container is put into the special container bearing the indication set forth in Article 63, paragraph 1 but not to the height specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the preceding paragraph, that commodity shall not be sold; provided, however, that this shall not apply to the case where there is an explicit indication that that commodity is sold not by the volume indicated pursuant to the provision of paragraph 2 of the same Article (including the cases where it is applied mutatis mutandis pursuant to Article 69, paragraph 1).
(Restriction on How to Use Certain Measuring instruments)
Article 18 Measuring instruments specified by Cabinet Order by which an accurate measurement cannot be made unless they are used in accordance with a specific method, or for measuring a specific item, or within a certain range of measurement shall not be used for measurements in statutory measurement units in conducting transactions or certifications, except in the case where they are used pursuant to the provision of Cabinet Order.
Section 4 Periodic Inspection
(Periodic Inspection)
Article 19 A person who uses, for measurements in statutory measurement units in conducting transactions or certifications, a specified measuring instrument specified by Cabinet Order (excluding those specified by Cabinet Order set forth in Article 16, paragraph 1 or Article 72, paragraph 2) which is deemed to be appropriate to be inspected on a regular basis pertaining to its performance and instrumental error in consideration of its structure, conditions for use, actual use status, etc. shall place the specified measuring instrument under a periodic inspection conducted by the prefectural governor (or the head of the specified municipality, if the person's place of business is located in such a specified municipality) having jurisdiction over the location of the person's place of business (or the person's domicile, if the person has no place of business; hereinafter the same shall apply in this Section); provided, however, that this shall not apply to the following specified measuring instruments:
(i) A specified measuring instrument used by a person who has obtained a registration set forth in Article 107 for the purpose of certifications related to measurements (hereinafter referred to as "measurement certifications").
(ii) A specified measuring instrument (excluding what is listed in the preceding item) used by a person who has received a designation set forth in Article 127, paragraph 1 at his/her place of business pertaining to such designation.
(iii) A specified measuring instrument (except those listed in the preceding two paragraphs) affixed with a periodic inspection mark set forth in Article 24, paragraph 1, verification mark, or measurement certification inspection mark set forth in Article 109, paragraph 1 whose fixed period, specified by Cabinet Order for each type of specified measuring instruments has not passed, as of date of execution of a periodic inspection publicly notified pursuant to the provisions of Article 21, paragraph 2 (hereinafter referred to as an "execution date"), since the first day of the following month from the year and month indicated on the mark (limited to those indicated pursuant to the provision of Article 72, paragraph 3 or Article 96, paragraph 3, in the case of year and month indicated on a verification mark, etc.).
(2) A person who received a designation set forth in Article 127, paragraph 1 shall have a certified measurer prescribed in Article 128, paragraph 1 to once inspect during the period specified by the Cabinet Order set forth in Article 21, paragraph 1, whether his/her specified measuring instruments (excluding those listed in the preceding paragraph, item 1) specified by the Cabinet Order set forth in the preceding paragraph that are used in the place of business pertaining to the designation, conform to each of items of Article 23, paragraph 1 in accordance with procedures specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth Article 23, paragraph 2 and 3.
(Designated Periodic Inspection Bodies)
Article 20 The prefectural governor or the head of the specified municipality may have a designated person (hereinafter referred to as a "designated periodic inspection body") execute a periodic inspection.
(2) When the prefectural governor or the head of the specified municipality has a designated periodic inspection body execute the service of a periodic inspection (hereinafter referred to as "inspection service" in this Chapter) in whole or in part pursuant to the provision of the preceding paragraph, he/she shall refrain from executing said inspection service in whole or in part.
(Timing of Execution of Periodic Inspection, etc.)
Article 21 A periodic inspection shall be conducted once during a period of one year or longer specified by Cabinet Order for each measuring instrument and each area.
(2) The prefectural governor or the head of the specified municipality shall, not later than one month prior to each periodic inspection, publicly notify the area to be covered, the specified measuring instruments to be inspected, the time and place of the inspection, and, if the periodic inspection is executed by a designated periodic inspection body, the name of such designated periodic inspection body.
(3) If a person is unable to receive a periodic inspection on a designated execution date for illness, trip or other compelling reasons, and has notified in advance the prefectural governor or the head of the specified municipality thereof, the periodic inspection of the specified measuring instruments pertaining to such notification shall be conducted, within a period not exceeding one month from the day of such notification, on a date and at a place designated by the prefectural governor or the head of the specified municipality.
(Preliminary Survey)
Article 22 When the prefectural governor has issued a public notification concerning the implementation of a periodic inspection pursuant to the provision of paragraph 2 of the preceding Article, the head of each municipality in the area to be covered by the periodic inspection shall survey the number of specified measuring instruments subject to the periodic inspection and report to the prefectural governor thereof pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(Criteria for Passing a Periodic Inspection)
Article 23 A specified measuring instrument shall pass a periodic inspection if it conforms to each of the following items:
(i) The specified measuring instrument is affixed with a verification mark, etc.
(ii) The performance of the specified measuring instrument conforms to the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(iii) Instrumental error of the specified measuring instrument does not exceed the tolerance for use specified by the Ordinance the Ministry of Economy, Trade and Industry.
(2) The conformity to item 2 of the preceding paragraph shall be determined by the method specified by the Ordinance the Ministry of Economy, Trade and Industry.
(3) The conformity to the preceding paragraph 1, item 3 shall be determined by the method specified by the Ordinance the Ministry of Economy, Trade and Industry and by using a measuring instrument which has passed an inspection of verification standards set forth in Article 102, paragraph 1 (as to instrumental error of specified measuring instruments specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 3, reference material specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the same paragraph).
(Periodic Inspection Mark, etc.)
Article 24 Each specified measuring instrument which has passed a periodic inspection shall be affixed with a periodic inspection mark pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(2) A periodic inspection mark set forth in the preceding paragraph shall indicate the year and month of the periodic inspection.
(3) A verification mark, etc. affixed on a specified measuring instrument which has failed a periodic inspection shall be removed.
(Inspection by Certified Measurer in lieu of Periodic Inspection)
Article 25 In case where a specified measuring instrument that is required to undergo a periodic inspection pursuant to the provision of Article 19, paragraph 1 has been inspected by a certified measurer specified by the Ordinance of the Ministry of Economy, Trade and Industry for each type of specified measuring instruments by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 23, paragraphs 2 and 3, within the period specified by the Cabinet Order set forth in Article 19, paragraph 1, item 3 prior to the day of the periodic inspection and bears an indication affixed by such certified measurer pursuant to the provision of paragraph 3, if a person using such specified measuring instrument has notified, prior to the day of the periodic inspection, the prefectural governor or the head of the specified municipality having jurisdiction over the location of his/her place of business of such fact, said specified measuring instrument shall not be required to undergo a periodic inspection notwithstanding the provisions of the same Article.
(2) The notification pursuant to the provision of the preceding paragraph shall be made together with a certification issued pursuant to the provisions of the following paragraph pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(3) When a certified measurer has certified, through an inspection set forth in paragraph 1, that a specified measuring instrument conforms to each item of Article 23, paragraph 1, he/she may, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, issue a certificate stating thereof to a person using the specified measuring instrument and affix an indication and the year and the month of the inspection on the specified measuring instrument by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry.
Section 5 Designated Periodic Inspection Bodies
(Designation)
Article 26 A designation set forth in Article 20, paragraph 1 shall be made upon an application from a person who intends to perform inspection services pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(Disqualification)
Article 27 Any person who falls under any of the following items may not receive a designation set forth in Article 20, paragraph 1:
(i) A person who has been sentenced to a fine or severer punishment by violating this Act or any order pursuant to this Act, and two years have not passed from the date on which the enforcement of such punishment has been completed or has become not applicable..
(ii) A person whose designation has been rescinded pursuant to the provision of Article 38, and two years have not passed from the day of such rescission.
(iii) A juridical person with an operating officer who falls under either of the preceding two paragraphs.
(Criteria for Designation)
Article 28 The prefectural governor or the head of the specified municipality shall not make a designation unless he/she finds that an application for designation set forth in Article 20, paragraph 1 conforms to each of the following items:
(i) A periodic inspection is executed by using appliances, machines or equipment specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) A periodic inspection is executed by those with the knowledge and experience required by the Ordinance of the Ministry of Economy, Trade and Industry, and the number of such persons is not less than the number specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(iii) In the case of a juridical person, the organization of its officers or members specified by the Ordinance of the Ministry of Economy, Trade and Industry for each type of juridical persons is not likely to adversely affect fair implementation of a periodic inspection.
(iv) In addition to what is provided for in the preceding paragraph, the juridical person conforms to other criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry as those that are unlikely to cause any unfair periodic inspection.
(v) The applicant has a financial basis necessary for an appropriate and smooth inspection service.
(vi) Granting of a designation herein does not result in the impediment to an appropriate and smooth implementation of a periodic inspection pertaining to the application for the designation.
(Renewal of Designation)
Article 28-2 A designation set forth in Article 20, paragraph 1 shall cease to be effective upon expiration of a period of not less than three years specified by Cabinet Order unless renewed at each such time.
(2) The preceding three Articles shall apply mutatis mutandis to the case where a designation has been renewed in accordance with the preceding paragraph.
(Method of Periodic Inspection)
Article 29 A designated periodic inspection body shall, in implementing a periodic inspection, use appliances, machines or equipment prescribed in Article 28, item 1 and make a person prescribed by item 2 of the same Article perform the periodic inspection.
(Service Rules)
Article 30 A designated periodic inspection body shall establish rules concerning inspection services (hereinafter referred to as "service rules") and obtain approval thereof from the prefectural governor or the head of the specified municipality. The same shall apply when it intends to amend the service rules.
(2) The matters to be provided for in service rules shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
(3) The prefectural governor or the head of the specified municipality may, when it finds that service rules approved under paragraph 1 have become inappropriate for fair implementation of periodic inspections, order the alteration of such service rules.
(Bookkeeping)
Article 31 A designated periodic inspection body shall, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, prepare books, enter in the books the matters concerning periodic inspections specified by the Ordinance of the Ministry of Economy, Trade and Industry, and keep such books.
(Suspension and Abolishment of Services)
Article 32 When a designated periodic inspection body intends to suspend or abolish its inspection services in whole or in part, it shall, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, notify the prefectural governor or the head of specified municipality thereof in advance.
(Business Plan, etc.)
Article 33 A designated periodic inspection body shall, prior to the commencement of each business year, prepare and submit to the prefectural governor or the head of the specified municipality a business plan, a revenue and expenditure budget for the business year. The same shall apply when a designated periodic inspection body intends to amend them.
(2) A designated periodic inspection body shall, within three months from the end of each business year, prepare and submit to the prefectural governor or the head of the specified municipality a business report and financial statements for the business year.
Article 34 Deleted
(Dismissal Order)
Article 35 When a person prescribed in Article 28, paragraph 2 has violated any provision of this Act, of any order pursuant to this Act or of service rules, the prefectural governor or the head of the specified municipality may order the designated periodic inspection body to dismiss the person prescribed in the same paragraph.
(Status of Officers and Employees)
Article 36 With regard to the application of the Criminal Code (Act No. 45 of 1907) and any other penal provisions, officers and employees of a designated periodic inspection body shall be deemed to be officials engaged in public services as required by laws and regulations.
(Order for Compliance)
Article 37 The prefectural governor or the head of the specified municipality may, when he/she finds that a designated periodic inspection body has become noncompliant with items 1 through 5 of Article 28, order the designated periodic inspection body to take necessary measures for compliance therewith.
(Rescission of Designation, etc.)
Article 38 The prefectural governor or the head of the specified municipality may, when a designated periodic inspection body falls under any of the following items, rescind its designation, or order the suspension of inspection services in whole or in part for a fixed period of time:
(i) The designated periodic inspection body has violated any provision of this Section.
(ii) The designated periodic inspection body has fallen under item 1 or 3 of Article 27.
(iii) The designated periodic inspection body has conducted a periodic inspection not pursuant to its service rules to which an approval set forth in Article 30, paragraph 1 has been granted.
(iv) The designated periodic inspection body has violated an order pursuant to the provision of Article 30, paragraph 3, Article 35, or the preceding Article.
(v) The designated periodic inspection body has obtained a designation set forth in Article 20, paragraph 1 by wrongful means.
(Implementation of Inspection Services by Prefectural Governor, etc.)
Article 39 When the prefectural governor or the head of the specified municipality has been notified by a designated periodic inspection body of its suspension of its inspection services in whole or in part pursuant to the provision of Article 32, when the prefectural governor or the head of the specified municipality has ordered, pursuant to the provisions of the preceding paragraph, a designated periodic inspection body to suspend its inspection services in whole or in part, or when it has become difficult for a designated periodic inspection body to execute its inspection services in whole or in part due to a natural disaster or for other reasons, he/she shall execute the inspection services in whole or in part him/herself if he/she finds it necessary.
(2) Where the prefectural governor or the head of the specified municipality implements the inspection services in whole or in part him/herself pursuant to the provision of the preceding paragraph, when the prefectural governor or the head of the specified municipality has been notified by a designated periodic inspection body of the abolishment of its inspection services in whole or in part pursuant to the provision of Article 32, or when the prefectural governor or the head of the specified municipality has rescinded a designation as a designated periodic inspection body pursuant to the provision of the preceding Article, handover procedures concerning inspection services and other necessary matters shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
Chapter IV Supply of Accurate Specified Measuring Instruments
Section 1 Manufacture
(Notification of Business)
Article 40 Any person who intends to engage in the business of manufacturing specified measuring instruments (excluding those who intend to engage in the business of manufacturing specified measuring instruments used by him/herself exclusively for purposes other than measurements with regard to transactions and certifications) shall notify, in accordance with the business classification specified by the Ordinance of the Ministry of Economy, Trade and Industry (simply referred to as a "business classification" in item 2), the Minister of Economy, Trade and Industry of the following matters in advance:.
(i) Name and address, and, in the case of a juridical person, name of its representative
(ii) Business classification
(iii) Name and location of factory or workplace where said specified measuring instruments are to be manufactured
(iv) Name, performance and number of appliances, machines and equipment specified by the Ordinance of the Minister of the Ministry of Economy, Trade and Industry that are used to inspect said specified measuring instruments
(2) A notification pursuant to the provision of the preceding paragraph pertaining to specified measuring instruments other than electric meters shall be made through the prefectural governor pursuant to the provision of the Ordinance of the Minister of the Ministry of Economy, Trade and Industry.
(Succession)
Article 41 When a person who has made a notification pursuant to the provision of paragraph 1 of the preceding Article (hereinafter referred to as a "notifying manufacturing business operator") transfers the entire business to which the notification pertains or when inheritance, or merger or split (limited to successions of the entire business to which the notification pertains) has occurred with respect to a notifying manufacturing business operator, the person or heir (or, in the case where there are two or more heirs, the heir who has been selected by all heirs to succeed to the business; the same shall apply hereinafter) succeeding to the entire business, the surviving juridical person after the merger, the newly established juridical person through the merger, or the juridical person succeeding to the entire business through the split, shall succeed to status of the notifying manufacturing business operator.
(Notification of Change, etc.)
Article 42 A notifying manufacturing business operator shall notify the Minister of Economy, Trade and Industry of any change in the matters set forth in Article 40, paragraph 1, item 1, 3 or 4 without delay.
(2) In the case of the preceding paragraph, a person who has succeeded the status of the notifying manufacturing business operator pursuant to the provision of the preceding Article shall submit a document certifying such fact.
(3) The provision of Article 40, paragraph 2 shall apply mutatis mutandis to notification pursuant to the provision of paragraph 1 of this Article.
(Duty to Inspect)
Article 43 When a notifying manufacturing business operator has manufactured specified measuring instruments the notifying manufacturing business operator shall inspect said specified measuring instruments in accordance with the criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry; provided, however, that this shall not apply to the case where a person who has received a designation set forth in Article 16, paragraph 1, item 2-(b) conducts an inspection pursuant to the provisions of Article 95, paragraph 2.
(Order for Improvement)
Article 44 The Minister of Economy, Trade and Industry may, when he/she finds that a notifying manufacturing business operator is not performing the inspection of specified measuring instruments in accordance with the criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the preceding Article and that it is necessary for ensuring proper quality of said specified measuring instruments, order the notifying manufacturing business operator to take necessary measures to improve inspection appliances, machines or equipment, or inspection methods for said specified measuring instruments; provided, however, that this shall not apply to the case of the proviso to the preceding Article.
(Notification of Abolishment)
Article 45 When a notifying manufacturing business operator has abolished the business pertaining to the notification, the notifying manufacturing business operator shall notify the Minister of Economy, Trade and Industry thereof without delay.
(2) The provision of Article 40, paragraph 2 shall apply mutatis mutandis to notification pursuant to the provision of the preceding paragraph.
Section 2 Repair
(Notification of Business)
Article 46 Any person (excluding those who intend to engage in the business of repairing specified measuring instruments used by themselves exclusively for purposes other than measurements with regard to transactions and certifications) who intends to engage in the business of repairing specified measuring instruments (excluding minor repair works specified by the Ordinance of the Ministry of Economy, Trade and Industry; the same shall apply hereinafter except in Article 49, paragraph 3) shall notify, in accordance with the business classification specified by the Ordinance of the Ministry of Economy, Trade and Industry (simply referred to as a "business classification" in item 2), the Minister of the Ministry of Economy, Trade and Industry in the case of business pertaining to repairing of electric meters, or the prefectural governor having jurisdiction over the location of the person's place of business where the person intends to engage in the business of repairing specified measuring instruments in the case of business pertaining to repairing other specified measuring instruments; provided, however, that this shall not apply to the case where the notifying manufacturing business operator intends to engage in the business of repairing specified measuring instruments pertaining to the notification pursuant to the provision of Article 40, paragraph 1.
(i) Name and address, and in the case of a juridical person, name of its representative
(ii) Business classification
(iii) Name and location of the place of business where the repairing of specified measuring instruments is to be conducted
(iv) Name, performance and number of appliances, machines and equipment specified by the Ordinance of the Ministry of Economy, Trade and Industry that are used to inspect said specified measuring instruments
(2) The provisions of Article 41, Article 42, paragraphs 1 and 2 and paragraph 1 of the preceding Article shall apply mutatis mutandis to a person who has made notification pursuant to the provision of the preceding paragraph (hereinafter referred to as a "notifying repair business operator"). In this case, the term "the Minister of Economy, Trade and Industry" in Article 42, paragraph 1 and paragraph 1 of the preceding Article shall be deemed to be replaced with "the prefectural governor (or the Minister of Economy, Trade and Industry, in the case of a notifying repair business operator engaged in repairing electric meters)."
(Duty to Inspect)
Article 47 When a notifying manufacturing business operator or a notifying repair business operator has repaired specified measuring instruments he/she shall inspect said specified measuring instruments in accordance with the criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(Order for Improvement)
Article 48 The Minister of Economy, Trade and Industry or the prefectural governor may, when he/she finds that a notifying manufacturing business operator or a notifying repair business operator is not performing the inspection of specified measuring instruments in accordance with the criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the preceding Article and that it is necessary for ensuring proper quality of said specified measuring instruments order the notifying manufacturing business operator or the notifying repair business operator to take necessary measures to improve inspection appliances, machines or equipment, or inspection methods for said specified measuring instruments
(Removal of Verification Mark, etc.)
Article 49 Any person who has performed a alteration (limited to the kind of alterations specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 2, paragraph 5; the same shall apply in the next paragraph.) or a repair of a specified measuring instrument affixed with a verification mark, etc. matching number set forth in Article 74, paragraph 2 or 3, or fitting inspection mark set forth in Article 75, paragraph 2 shall remove such a verification mark, etc., matching number or fitting inspection mark; provided, however, that this shall not apply to the case where a notifying manufacturing business operator or notifying repair business operator has performed a repair of said specified measuring instrument, or where a person who has obtained a designation set forth in Article 127, paragraph 1 has performed a repair specified by the Ordinance of the Ministry of Economy, Trade and Industry of a specified measuring instrument used at his/her place of business pertaining to the designation, if the performance of such a repaired specified measuring instrument conforms to the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry and the instrumental error of such a repaired specified measuring instrument does not exceed the tolerance for use specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(2) Any person who has altered or repaired a specified measuring instrument affixed with an indication set forth in Article 84, paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 84, paragraph 4) shall remove such indication; provided, however, that this shall not apply to the case where a notifying manufacturing business operator or notifying repair business operator has performed a repair of said specified measuring instrument, or where a person who has obtained a designation set forth in Article 127, paragraph 1 has performed repair specified by the Ordinance of the Ministry of Economy, Trade and Industry of a specified measuring instrument used at his/her place of business pertaining to the designation.
(3) When a person engaged in the business of manufacturing or repairing transformers has performed a alteration or repair (excluding minor repair works specified by the Ordinance of the Ministry of Economy, Trade and Industry) of a transformer affixed with a matching number set forth in Article 74, paragraph 2, he/she shall remove the matching number.
(Repair pertaining to Specified Measuring Instruments with Valid Period)
Article 50 When a notifying manufacturing business operator or a notifying repair business operator has performed repairs, in accordance with the criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry, a specified measuring instrument specified by the Cabinet Order set forth in Article 72, paragraph 2 and specified by Cabinet Order as the one requiring periodic repair at a certain interval of time, the notifying manufacturing business operator or the notifying repair business operator may affix, pursuant to the provisions of the Ordinance of the Ministry of Economy, Trade and Industry, an indication thereof to the specified measuring instrument.
(2) The indication set forth in the preceding paragraph shall include the year of such repair.
(3) No person shall affix to any specified measuring instrument an indication set forth in paragraph 1 or any indication that is confusingly similar thereto, except in the case prescribed in the same paragraph.
Section 3 Sale
(Notification of Business)
Article 51 Any person who intends to engage in the business of sale (excluding sales for export) of specified measuring instruments specified by Cabinet Order shall notify, in accordance with the business classification specified by the Ordinance of the Ministry of Economy, Trade and Industry (simply referred to as a "business classification" in item 2), the following matters in advance to the prefectural governor having jurisdiction over the location of the person's place of business; provided, however, that this shall not apply to the case where a notifying manufacturing business operator or a notifying repair business operator intends to engage in the business of sale of specified measuring instruments pertaining to the notification pursuant to the provision of Article 40, paragraph 1 or Article 46, paragraph 1 which were manufactured or repaired by the person.
(i) Name and address, and, in the case of a juridical person, name of its representative
(ii) Business classification
(iii) Name and location of the place of business where said specified measuring instruments are to be sold
(2) The provisions of Article 41, Article 42, paragraphs 1 and 2, and Article 45, paragraph 1 shall apply mutatis mutandis to a person who has made notification pursuant to the provision of the preceding paragraph. In this case, the term "the Minister of Economy, Trade and Industry" in Article 42, paragraph 1 and Article 45, paragraph 1 shall be deemed to be replaced with "the prefectural governor."
(Matters to Be Observed)
Article 52 The Minister of Economy, Trade and Industry may, by the Ordinance of the Ministry of Economy, Trade and Industry, provide for the matters to be observed by a person engaged in the business of sale of specified measuring instruments specified by an Cabinet Order set forth in paragraph 1 of the preceding Article (hereinafter referred to as a "sales business operator").
(2) The prefectural governor may, when he/she finds that a sales business operator is not complying with the matters to be observed specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the preceding Article resulting in creating an impediment to the assurance of proper measurements pertaining to said specified measuring instruments, recommend the sales business operator to comply therewith.
(3) The prefectural governor may, when he/she issued a recommendation pursuant to the provision of the preceding paragraph and the person who received such recommendation failed to follow the recommendation, publicly announce such fact.
(4) When a sales business operator who has received a recommendation pursuant to the provision of paragraph 2 due to his/her non-compliance with the matters specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 1 fails to take necessary measures pertaining to such recommendation without justifiable grounds, the prefectural governor may, when he/she finds it specifically necessary, order the sales business operator to take such necessary measures pertaining to the recommendation.
Section 4 Special Measuring Instruments
(Obligation of Conformity to Manufacturing Standards, etc.)
Article 53 A notifying manufacturing business operator producing specified measuring instruments specified by Cabinet Order that are primarily supplied for daily use by general consumers (excluding specified measuring instruments specified by the Cabinet Order set forth mentioned in Article 57, paragraph 1) shall manufacture said specified measuring instruments so as to conform to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry; provided, however, that this shall not apply to cases where the notifying manufacturing business operator manufactures said specified measuring instruments for the purpose of export and has notified the prefectural governor thereof in advance, and where the notifying manufacturing business operator manufactures said specified measuring instruments on a pilot production basis.
(2) Any person engaged in the business of importing specified measuring instruments specified by the Cabinet Order set forth in the preceding paragraph shall sell said specified measuring instruments only that conform to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the same paragraph; provided, however, this shall not apply to the case where the person sells said specified measuring instruments for the purpose of export and has notified the prefectural governor thereof in advance.
(Indication)
Article 54 Any notifying manufacturing business operator prescribed in paragraph 1 of the preceding Article or any person prescribed in paragraph 2 of the same Article shall, prior to the time when said specified measuring instruments are sold, affix an indication thereto pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(2) The provision of the preceding paragraph shall not apply to specified measuring instruments manufactured or sold pursuant to the provision of the proviso to paragraph 1 or the proviso to paragraph 2 of the preceding Article, and to specified measuring instruments affixed with a verification mark, etc.
(3) No person shall affix to the specified measuring instruments an indication set forth in paragraph 1 or any indication that is confusingly similar thereto, except in the case prescribed in the same paragraph.
Article 55 Any person engaged in the business of sale of specified measuring instruments specified by the Cabinet Order set forth in Article 53, paragraph 1 (excluding the business of sales of specified measuring instruments manufactured by notifying manufacturing business operators prescribed in the same paragraph or of specified measuring instruments imported by persons prescribed in paragraph 2 of the same Article) shall not sell or display for sale said measuring instruments without an indication under paragraph 1 of the preceding Article or a verification mark, etc.; provided, however, that this shall not apply to the case where a person who intends to sell the specified measuring instruments for the purpose of export has notified the prefectural governor thereof in advance.
(Order for Improvement)
Article 56 The Minister of Economy, Trade and Industry may, when he/she finds that a notifying manufacturing business operator prescribed in Article 53, paragraph 1 or a person prescribed in paragraph 2 of the same Article is violating the provision of paragraph 1 or 2 of the same Article, order such violating party to take necessary measures in order for specified measuring instruments manufactured or sold by such violating party to conform to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 1 of the same Article.
(Restriction on Transfer, etc.)
Article 57 Any person engaged in the business of manufacture, repair or import of clinical thermometers and other specified measuring instruments specified by Cabinet Order shall not transfer or lend said specified measuring instruments to anyone, or deliver them to those to whom a repair thereof is entrusted, unless those specified measuring instruments are affixed with a verification mark, etc. (limited to those whose valid period has not expired, in the case of specified measuring instruments specified by the Cabinet Order set forth in Article 72, paragraph 2; the same shall apply in the next paragraph); provided, however, that this shall not apply to the case where said specified measuring instruments are transferred, lent or delivered for the purpose of export, and such fact is notified to the prefectural governor in advance.
(2) Any person engaged in the business of sale of specified measuring instruments specified by the Cabinet Order set forth in the preceding paragraph (excluding those prescribed in the same paragraph) shall not transfer, lend, or possess for the purpose of transferring or lending said specified measuring instruments unless said specified measuring instruments are affixed with a verification mark, etc.; provided, however, that this shall not apply to the case where said specified measuring instruments are transferred or lent for the purpose of export, and such fact is notified to the prefectural governor in advance.
Section 5 Business of Manufacturing Special Containers
(Designation)
Article 58 A designation set forth in Article 17, paragraph 1 shall be granted to each factory or workplace of a person engaged in the business of manufacturing special containers (hereinafter referred to as a "manufacturer" in this Section) or of a person who is based abroad and engaged in the business of manufacturing special containers to be exported to Japan (hereinafter referred to as a "foreign manufacturer" in this Section) upon his/her application.
(Application for Designation)
Article 59 A manufacturer who intends to receive a designation set forth in Article 17, paragraph 1 shall submit an application to the Minister of Economy, Trade and Industry, which shall state the following matters:
(i) Name and address, and, in the case of a juridical person, name of its representative
(ii) Name and location of factory or workplace
(iii) Matters pertaining to manufacturing and inspection methods for special containers (limited to those specified by the Ordinance of the Ministry of Economy, Trade and Industry)
(iv) Symbol indicating that special containers have been manufactured by such person
(Criteria for Designation)
Article 60 Any person whose designation has been rescinded pursuant to the provision of Article 67 and one year has not passed from the date of such rescission shall not be eligible to receive a designation set forth in Article 17, paragraph 1.
(2) The Minister of Economy, Trade and Industry shall not grant a designation unless he/she finds that the application for designation set forth in Article 17, paragraph 1 conforms to each of the following items:
(i) The manufacturing method for special containers conforms to the standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) The inspection method for special containers conforms to the standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(Succession)
Article 61 When a manufacturer who has received a designation set forth in Article 17, paragraph 1 (hereinafter referred to as a "designated manufacturer") has transferred his/her business in whole or in part pertaining to said designation, or when an inheritance, merger or split (limited to those by which the business pertaining to said designation is succeeded in whole) has occurred to a designated manufacturer, the transferee of the designated manufacturer's business in whole, the heir, the surviving juridical person after the merger, the newly established juridical person after the merger or the juridical person which has succeeded the notifying manufacturer's business in whole after the split shall succeed the status of the notifying manufacturer; provided, however, that this shall not apply to the case where the transferee of the designated manufacturer's business in whole, the heir, the surviving juridical person after merger, the newly established juridical person after merger or the juridical person which has succeeded the notifying manufacturer's business in whole after the split falls under paragraph 1 of the preceding Article.
(Notification of Change)
Article 62 A designated manufacturer shall notify the Minister of Economy, Trade and Industry of any change in the matters set forth in each item of Article 59 without delay.
(2) In the case of the preceding paragraph, a person who has succeeded the status of the designated manufacturer pursuant to the provision of the preceding Article shall submit a document certifying such fact.
(Indication)
Article 63 A designated manufacturer may, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, affix an indication to special containers manufactured at its factory or workplace pertaining to the designation, if those special containers conform to each of the following items:
(i) The special containers belong to the types specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 17 paragraph 1.
(ii) The instrumental error of the special containers does not exceed the quantity tolerance specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(2) A designated manufacturer who intends to affix the indication set forth in the preceding paragraph shall, by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry, indicate on the special container the symbol which has been described on the application pursuant to the provisions of Article 59, item 4 and the volume of the type of the special container specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 17, paragraph 1.
(3) No person shall affix to any special container an indication set forth in paragraph 1 or any indication that is confusingly similar thereto, except in the case prescribed in the same paragraph (including the cases where it is applied mutatis mutandis pursuant to Article 69, paragraph 1).
(Order for Compliance)
Article 64 The Minister of Economy, Trade and Industry may, when he/she finds that a designated manufacturer has become noncompliant with the provisions of each item of Article 60, paragraph 2, order the designated manufacturer to take necessary measures for compliance therewith.
(Notification of Abolishment)
Article 65 When a designated manufacturer has abolished the business pertaining to its designation, the designated manufacturer shall notify the Minister of Economy, Trade and Industry thereof without delay.
(Lapse of Designation)
Article 66 When a designated manufacturer has abolished its business pertaining to its designation, the designation shall cease to be effective.
(Rescission of Designation)
Article 67 The Minister of Economy, Trade and Industry may, when a designated manufacturer falls under any of the following items, rescind its designation:
(i) The designated manufacturer has violated any provision of Article 62, paragraph 1 or Article 63, paragraph 2 or 3.
(ii) The designated manufacturer has violated an order pursuant to the provision of Article 64.
(iii) The designated manufacturer has obtained a designation set forth in Article 17, paragraph 1 by wrongful means.
(Removal of Indication)
Article 68 When any person engaged in the business of the import of special containers (including the case where such special containers are imported with goods contained in such special containers; hereinafter the same shall apply in this Article) (hereinafter referred to as a "special container importer") has imported special containers affixed with an indication set forth in Article 63, paragraph 1 or any indication that is confusingly similar thereto, the person shall remove such indication prior to the time of transfer or lending thereof, except in the case where such indication has been so affixed pursuant to the provision of Article 63, paragraph 1 (including the case where it is applied mutatis mutandis pursuant to paragraph 1 of the next Article).
(Designation pertaining to Foreign Manufacturer)
Article 69 The provision of Article 59 and Article 60 shall apply mutatis mutandis to a designation set forth in Article 17 paragraph 1 pertaining to foreign manufacturers, and the provision of Articles 61 through 67 shall apply mutatis mutandis to foreign manufacturers who have obtained a designation set forth in the same paragraph (hereinafter referred to as a "designated foreign manufacturer"). In this case, the term "Article 67" in Article 60, paragraph 1 shall be deemed to be replaced with "Article 67 or Article 69, paragraph 2, as applied mutatis mutandis pursuant to Article 69 paragraph 1", the terms "no person" and "special container" in Article 63, paragraph 3 shall be deemed to be replaced with "no designated foreign manufacturer" and "special container to be exported to Japan", respectively, the term "order" in Article 64 shall be deemed to be replaced with "request", and the term "has violated an order" in Article 67, item 2 shall be deemed to be replaced with "has not responded to a request."
(2) The Minister of Economy, Trade and Industry may, in addition to the case pursuant to the provision of Article 67 as applied mutatis mutandis pursuant to the preceding paragraph, rescind a designation of a designated foreign manufacturer if the designated foreign manufacturer falls under any of the following items:
(i) In the case where the Minister of Economy, Trade and Industry has, within the limit necessary for the enforcement of this Act, requested, pursuant to the provision of Cabinet Order, a report from the designated foreign manufacturer, the designated foreign manufacturer has failed to submit such a report or submitted a false report.
(ii) In the case where the Minister of Economy, Trade and Industry has, within the limit necessary for the enforcement of this Act, tried to cause its officials to inspect special containers, facilities for manufacturing or inspecting special containers, books, documents and other materials, or to ask questions to the relevant persons at the designated foreign manufacturer's factory, workplace, business office, administrative office or warehouse, such inspection has been refused, disturbed or evaded, or no answer or false answer has been given to such questions.
(iii) When the designated foreign manufacturer fails to bear the expenses pursuant to the provision of the following paragraph.
(3) The expenses necessary for the inspection pursuant to the provision of item 2 of the preceding paragraph (limited to those specified by Cabinet Order) shall be borne by the designated foreign manufacture to be inspected.
Chapter V Verification, etc.
Section 1 Verification, Inspection of Electric Meter with Transformer and Fitting Inspection
(Application for Verification)
Article 70 Any person who intends to receive a verification test set forth in Article 16 paragraph 1 item 2-b) (hereinafter referred to simply as a "verification test") as to a specified measuring instrument shall submit an application to the Minister of Economy, Trade and Industry, the prefectural governor, Japan Electric Meters Inspection Corporation, or a designated verification body in accordance with the classification specified by Cabinet Order.
(Criteria for Passing)
Article 71 A specified measuring instrument shall be deemed to have passed the verification test if it conforms to each of the following items:
(i) The structure (including performance and material properties; the same shall apply hereinafter) conforms to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) The instrumental error does not exceed the verification tolerance specified by the Ordinance the Ministry of Economy, Trade and Industry.
(2) The conformity to item 1 of the preceding paragraph shall be determined by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry; provided however, that the specified measuring instruments affixed with an indication set forth in Article 84, paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 89, paragraph 4; hereinafter the same shall apply in this paragraph) (with regard to specified measuring instruments specified by the Cabinet Order set forth in Article 50, paragraph 1 for which a period specified by the Ordinance of the Ministry of Economy, Trade and Industry for each specified measuring instrument has passed from the time the indication set forth in Article 84, paragraph 1 was affixed thereto, limited to those with an indication set forth in Article 50, paragraph 1 for which a period specified by the Ordinance of the Ministry of Economy, Trade and Industry has not passed from the time the indication set forth in the same paragraph was affixed thereto) shall be, at the time of a verification test, deemed to be conforming to technical standards (excluding those regarding performance specified by the Ordinance of the Ministry of Economy, Trade and Industry as those that are required to be separately provided for as to the conformity thereto on an individual basis) specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the same paragraph.
(3) The conformity to paragraph 1, item 2 shall be determined by the method specified by the Ordinance the Ministry of Economy, Trade and Industry and by using a measuring instrument that has passed an inspection of verification standards set forth in Article 102, paragraph 1 (or, with regard to the instrumental error of specified measuring instruments specified by the Ordinance the Ministry of Economy, Trade and Industry, by using a reference material specified by the Ordinance the Ministry of Economy, Trade and Industry).
(Verification Mark)
Article 72 A specified measuring instrument which has passed a verification test shall be affixed with a verification mark pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(2) The valid period of verification mark affixed on a measuring instrument specified by Cabinet Order for which it is deemed to be appropriate to set valid period of verification in the light of its structure, conditions for use, actual use status, etc. shall be the valid period specified by such Cabinet Order, and the year and the month of expiration shall be indicated on the verification mark.
(3) A verification mark to be affixed to the measuring instruments specified by the Cabinet Order set forth in Article 19, paragraph 1 or Article 106, paragraph 1 shall indicate the year and the month in which the verification test was conducted.
(4) When a measuring instrument that has failed to pass a verification test bears a verification mark, etc., such verification mark, etc., shall be removed.
(5) When an electric meter for which a verification test has been conducted bears a matching number set forth in Article 74, paragraph 2 or 3, the matching number shall be removed.
(Application for Inspection of Electric Meter with Transformer)
Article 73 Any person who intends to receive an electric meter with a transformer inspection with regard to an electric meter shall submit an application to the Minister of Economy, Trade and Industry, Japan Electric Meters Inspection Corporation or a designated verification body in accordance with the classification specified by Cabinet Order.
(2) An application pursuant to the provisions of the preceding paragraph shall be submitted together with a transformer to be used with the electric meter; provided, however, that this shall not apply to the case where an inspection for an electric meter with a transformer is conducted with regard to an electric meter to be used together with a transformer bearing a matching number set forth in paragraph 2 of the following Article for which a period specified by the Ordinance of the Ministry of Economy, Trade and Industry has not passed from the date indicated thereon and the applicant has submitted a document stating the matters concerning such transformer specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(Criteria for Passing and Matching Number)
Article 74 The Minister of Economy, Trade and Industry, Japan Electric Meters Inspection Corporation or a designated verification body shall conduct an inspection of electric meter with a transformer by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry, and pass the electric meter and the transformer used therewith, if they conform to each of the following items (or item 2 only, in the case where a transformer is not attached pursuant to the provision of the proviso to paragraph 2 of the preceding Article):
(i) The structure and the error of the transformer conform to the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) The error of the electric meter, when used with said transformer, does not exceed the maximum permissible error specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(2) Except in the case prescribed by the proviso to paragraph 2 of the preceding Article, an electric meter and a transformer used therewith which have passed an inspection of the electric meter with the transformer shall be affixed with a matching number pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry. In this case, the matching number to be attached to the transformer shall indicate the date on which the inspection of the electric meter with the transformer was conducted.
(3) In the case prescribed in the proviso to paragraph 2 of the preceding Article, an electric meter which has passed an inspection of the electric meter with the transformer shall be affixed with the same matching number as the one affixed to the transformer to be used therewith pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(4) When an electric meter that has failed an inspection of the electric meter with the transformer or a transformer used therewith bears a matching number set forth in the preceding two paragraphs, such matching number shall be removed.
(Fitting Inspection)
Article 75 Any person who intends to receive a fitting inspection with regard to a measuring instrument for fittings for vehicles, etc. shall submit an application to the Minister of Economy, Trade and Industry, Japan Electric Meters Inspection Corporation or a designated verification body in accordance with the classification specified by Cabinet Order.
(2) The Minister of Economy, Trade and Industry, the prefectural governor or the designated verification body shall conduct a fitting inspection by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry, pass the fittings for vehicles, etc., if they conform to the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry, and affix a fitting inspection mark there pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry.
(3) The valid period of a fitting inspection mark shall be the period specified by Cabinet Order for each measuring instrument for fittings for vehicles, etc., and each fitting inspection mark shall indicate the year and the month of its expiration.
(4) When a measuring instrument for fittings for vehicles, etc. that has failed the fitting inspection bears a fitting inspection mark, such fitting inspection mark shall be removed.
Section 2 Type Approval
(Type Approval pertaining to Manufacturing Business Operator)
Article 76 A notifying manufacturing business operator may obtain an approval of the type of specified measuring instruments from the Minister of Economy, Trade and Industry or Japan Electric Meters Inspection Corporation in accordance with the classification specified by Cabinet Order.
(2) Any person who intends to obtain an approval set forth in the preceding paragraph shall submit an application to the Minister of Economy, Trade and Industry or Japan Electric Meters Inspection Corporation, which shall state the following matters;
(i) Name and address, and, in the case of a juridical person, the name of its representative
(ii) Business classification specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 40, paragraph 1
(iii) Name and location of the factory or workplace where said specified measuring instruments are manufactured
(iv) Date of notification pursuant to the provision of Article 40, paragraph 1
(3) When submitting an application set forth in the preceding paragraph, a specified measuring instrument for testing, construction drawings and other relevant documents shall, pursuant to provision of the Ordinance of the Ministry of Economy, Trade and Industry, be attached thereto; provided, however, that this shall not apply to the case where the applicant who intends to obtain an approval set forth in paragraph 1 with regard to a type of specified measuring instrument which has passed the test set forth in Article 78, paragraph 1 has attached a document certifying that the specified measuring instrument has passed said test.
(Criteria for Approval)
Article 77 A person whose designation has been rescinded pursuant to the provision of Article 88 (including the case where it is applied mutatis mutandis pursuant to Article 89, paragraph 4) or Article 89, paragraph 5 and one year has not passed from the day of such rescission may not obtain an approval set forth in paragraph 1 of the preceding Article.
(2) The Minister of Economy, Trade and Industry or Japan Electric Meters Inspection Corporation shall, when the structure of a specified measuring instrument pertaining to an application set forth in paragraph 1 of the preceding Article conforms to the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 1, item 1, approve such application.
(Test by Designated Verification Body)
Article 78 A notifying manufacturing business operator may, with respect to a specified measuring instrument of a type for which an approval set forth in Article 76, paragraph 1 is sought, take a test performed by the designated verification body who conducts the verification test for said specified measuring instrument.
(2) A notifying manufacturing business operator who intends to take the test set forth in the preceding paragraph shall, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, submit a specified measuring instrument for testing, construction drawings and other relevant documents to said designated verification body.
(3) In the test set forth in paragraph 1, a specified measuring instrument shall pass if the structure of the specified measuring instrument for testing conforms to the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 1, item 1.
(Notification of Change, etc.)
Article 79 A notifying manufacturing business operator who has obtained an approval set forth in Article 76, paragraph 1 (hereinafter referred to as an "approved manufacturing business operator") shall notify the Minister of Economy, Trade and Industry or Japan Electric Meters Inspection Corporation without delay of any change in the matters set forth in Article 76, paragraph 2, item 1 or 3.
(2) The provisions of Article 61 and Article 62, paragraph 2 shall apply mutatis mutandis to approved manufacturing business operators. In this case, the term "paragraph 1 of the preceding Article" in Article 61 shall be deemed to be replaced with "Article 77, paragraph 1", and the term "preceding paragraph" in the same paragraph shall be deemed to be replaced with "Article 79, paragraph 1."
(Obligation of Approved Manufacturing Business Operator to Conform to Standards)
Article 80 An approved manufacturing business operator shall, in manufacturing specified measuring instruments belonging to the type pertaining to its approval, manufacture such specified measuring instruments so as to conform to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 1, item 1 (excluding those specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 2 of the same Article; hereinafter referred to as "manufacturing technical standards"); provided, however, that this shall not apply to the case where the approved manufacturing business operator manufactures the specified measuring instruments for the purpose of export and has notified the prefectural governor thereof in advance, and the case where the approved manufacturing business operator manufactures the specified measuring instruments on a pilot production basis.
(Type Approval, etc. pertaining to Import Business Operator)
Article 81 A person engaged in the business of importing specified measuring instruments (hereinafter referred to as an "import business operator") may obtain an approval of the type of specified measuring instruments it imports from the Minister of Economy, Trade and Industry or Japan Electric Meters Inspection Corporation in accordance with the classification specified by the Cabinet Order set forth in Article 76, paragraph 1.
(2) The provisions of Article 76, paragraph 2 (excluding items 2 and 4) and paragraph 3, Article 77 and Article 78 shall apply mutatis mutandis to an approval set forth in the preceding paragraph. In this case, the term "Name and location of the factory or workplace where the specified measuring instruments are manufactured" in Article 76, paragraph 2, item 3 shall be deemed to be replaced with "Name and address of manufacturer."
(3) The provisions of Article 61, Article 62, paragraph 2 and Article 79, paragraph 1 shall apply mutatis mutandis to an import business operator who has obtained an approval set forth in paragraph 1 (hereinafter referred to as an "approved import business operator"). In this case, the term "paragraph 1 of the preceding Article" in Article 61 shall be deemed to be replaced with "Article 77, paragraph 1", and the term "the preceding Article" in Article 62, paragraph 2 shall be deemed to be replaced with "Article 79, paragraph 1 as applied mutatis mutandis pursuant to Article 81, paragraph 3."
(Obligation of Approved Import Business Operator to Conform to Standards)
Article 82 When an approved import business operator intends to sell a specified measuring instrument belonging to the type pertaining to an approval, the approved import business operator shall make the specified measuring instrument conform to the manufacturing technical standards; provided, however, that this shall not apply to the case where the approved import business operator sells said specified measuring instruments for the purpose of export and has notified the prefectural governor thereof in advance.
(Valid Period of Approval, etc.)
Article 83 An approval set forth in Article 76, paragraph 1 and Article 81, paragraph 1 shall cease to be effective upon expiration of a period specified by Cabinet Order, unless renewed at each such time.
(2) Any necessary procedural matters pertaining to the renewal set forth in the preceding paragraph shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
(Indication)
Article 84 When an approved manufacturing business operator or an approved import business operator has manufactured or imported a specified measuring instrument belonging to the type pertaining to an approval (excluding those manufactured or imported pursuant to the provision of the proviso to Article 80 or the proviso to Article 82), the approved manufacturing business operator or the approved import business operator may, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, affix an indication thereto.
(2) An indication set forth in the preceding paragraph affixed to the specified measuring instruments specified by the Cabinet Order set forth in Article 50, paragraph 1 shall indicate the year in which such indication was affixed.
(3) No person shall affix to specified measuring instruments an indication set forth in paragraph 1 or any indication that is confusingly similar thereto, except in the case prescribed in paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 89, paragraph 4).
(Removal of Indication)
Article 85 When an import business operator has imported specified measuring instruments affixed with the indication set forth in paragraph 1 of the preceding Article or any indication that is confusingly similar thereto, the import business operator shall remove such indication prior to the time of transfer, lending or verification test of such specified measuring instruments, except in the case where such indication has been affixed pursuant to the provision of paragraph 1 of the preceding Article (including the cases where it is applied mutatis mutandis pursuant to Article 89, paragraph 4).
(Order for Improvement)
Article 86 The Minister of Economy, Trade and Industry may, when he/she finds that an approved manufacturing business operator or an approved import business operator is violating the provision of Article 80 or Article 82, order such violating party to take necessary measures in order for specified measuring instruments manufactured or imported by such violating party to conform to the manufacturing technical standards.
(Lapse of Approval)
Article 87 When an approved manufacturing business operator has abolished the business of manufacturing specified measuring instruments pertaining to the notification or an approved import business operator has abolished the business of importing specified measuring instruments, an approval shall cease to be effective.
(Rescission of Approval)
Article 88 The Minister of Economy, Trade and Industry may, when an approved manufacturing business operator or an approved import business operator falls under any of the following items, rescind its approval:
(i) The approved manufacturing business operator or the approved import business operator has violated Article 79, paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 81, paragraph 3) or Article 84, paragraph 3.
(ii) The approved manufacturing business operator or the approved import business operator has violated an order pursuant to the provisions of Article 44 or Article 86.
(iii) The approved manufacturing business operator or the approved import business operator has obtained an approval set forth in Article 76, paragraph 1 or Article 81, paragraph 1 by wrongful means.
(Type Approval, etc. pertaining to Foreign Manufacturing Business Operator)
Article 89 A person engaged in the business of manufacturing specified measuring instruments to be exported to Japan in a foreign country (hereinafter referred to as a "foreign manufacturing business operator") may obtain an approval of the type of such specified measuring instruments from the Minister of Economy, Trade and Industry or Japan Electric Meters Inspection Corporation in accordance with the classification specified by the Cabinet Order set forth in Article 76, paragraph 1.
(2) When a foreign manufacturing business operator who has obtained an approval set forth in the preceding paragraph (hereinafter referred to as an "approved foreign manufacturing business operator") manufactures a specified measuring instrument to be exported to Japan belonging to the type pertaining to an approval, the approved foreign manufacturing business operator shall make said specified measuring instrument conform to the manufacturing technical standards.
(3) The provisions of Article 76, paragraph 2 (excluding item 2 and 4) and paragraph 3, Article 77, Article 78 and Article 83 shall apply mutatis mutandis to an approval set forth in paragraph 1 of this Article.
(4) The provisions of Article 61, Article 62, paragraph 2, Article 79, paragraph 1, Article 84, paragraphs 1 and 3 and the preceding three Articles shall apply mutatis mutandis to an approved foreign manufacturing business operator. In this case, the term "paragraph 1 of the preceding Article" in Article 61 shall be deemed to be replaced with "Article 77, paragraph 1 as applied mutatis mutandis pursuant to Article 89, paragraph 3", and the term "the preceding paragraph" in Article 62, paragraph 2 shall be deemed to be replaced with "Article 79, paragraph 1 as applied mutatis mutandis pursuant to Article 89. paragraph 4", the term "No person" and the term "specified measuring instrument" in Article 84, paragraph 3 shall be deemed to be replaced with "No approved foreign manufacturing business operator" and "specified measuring instrument to be exported to Japan", respectively, the term "Article 80 or Article 82" and the term "order" in Article 86 shall be deemed to be replaced with "Article 89, paragraph 2" and "request", respectively, and the term "has violated an order" in paragraph 2 of the preceding Article shall be deemed to be replaced with "has failed to respond to a request."
(5) The Minister of Economy, Trade and Industry may, in addition to the case pursuant to the provision of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, rescind an approval of an approved foreign manufacturing business operator if the approved foreign manufacturing business operator falls under any of the following items:
(i) In the case where the Minister of Economy, Trade and Industry has, within the limit necessary for the enforcement of this Act, requested a report from the approved foreign manufacturing business operator, pursuant to the provision of Cabinet Order, the approved foreign manufacturing business operator has failed to submit such a report or submitted a false report.
(ii) In the case where the Minister of Economy, Trade and Industry has, within the limit necessary for the enforcement of this Act, tried to cause its officials to inspect specified measuring instruments, books, documents and other materials, or to ask questions relevant persons at the approved foreign manufacturing business operator's factory, workplace, business office, administrative office or warehouse, such inspection has been refused, disturbed or evaded, or no answer of false answer has been given to such questions.
(iii) In an inspection pursuant to the provision set forth in the preceding item, when the Minister of Economy, Trade and Industry has requested the approved foreign manufacturing business operator to submit within a time limit a specified measuring instrument that is deemed to be considerably difficult to be inspected by its officials at the approved foreign manufacturing business operator's location, the approved foreign manufacturing business operator has failed to respond to such request.
(6) The State shall compensate an approved foreign manufacturing business operator for any loss arising out of a request pursuant to the provision of item 3 of the preceding paragraph. In this case, the loss to be compensated shall be a loss which normally occurs in relation to the request pursuant to the provision of the same item.
Section 3 Designated Manufacturing Business Operators
(Designation)
Article 90 A designation set forth in Article 16, paragraph, 1 item 2 (b) shall be granted to each factory or workplace of a notifying manufacturing business operator or an approved foreign manufacturing business operator in accordance with the business classification specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 40, paragraph 1 (simply referred to as the "business classification" in paragraph 1 of the following Article) upon an application of the notifying manufacturing business operator or the approved foreign manufacturing business operator.
(Application for Designation pertaining to Notifying Manufacturing Business Operator)
Article 91 A notifying manufacturing business operator who intends to receive a designation set forth in Article 16, paragraph 1 item 2 (b) shall submit an application to the Minister of Economy, Trade and Industry, which shall state the following matters:
(i) Name and address, and, in the case of a juridical person, the name of its representative
(ii) Business classification
(iii) Name and location of the factory or workplace
(iv) Date of notification pursuant to the provision of Article 40, paragraph 1
(v) Matters pertaining to the method of quality control (limited to those prescribed by the Ordinance of the Ministry of Economy, Trade and Industry)
(2) A notifying manufacturing business operator who has submitted an application pursuant to the provisions of the preceding paragraph shall submit to an inspection to be performed by the prefectural governor or Japan Electric Meters Corporation with respect to the method of quality control in its factory or workplace in accordance with the classification thereof specified by Cabinet Order, provide, however, that this shall not apply to the case where the notifying manufacturing business operator has submitted an application set forth in the same paragraph together with the document set forth in Article 93, paragraph 2.
(3) The prefectural governor or Japan Electric Meters Inspection Corporation who has conducted an inspection pursuant to the provisions of the preceding paragraph shall report results of said inspection to the Minister of Economy, Trade and Industry.
(Criteria for Designation)
Article 92 Any notifying manufacturing business operator who falls under any of the following items may not receive a designation set forth in Article 16 paragraph 1 item 2 (b):
(i) A person who has been sentenced to a fine or severer punishment by violating this Act or any order pursuant to this Act, and two years have not passed from the date on which the enforcement of such punishment has been completed or has become not applicable.
(ii) A person whose designation has been rescinded pursuant to the provision of Article 99 and two years have not passed from the day of such rescission.
(iii) A juridical person with an operating officer who falls under either of the preceding two paragraphs.
(2) The Minister of Economy, Trade and Industry shall not make a designation unless he/she finds that the method of quality control in the factory or workplace pertaining to the application for the designation set forth in Article 16, paragraph 1, item 2 (b) conforms to standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(Examination by Designated Verification Body)
Article 93 A notifying manufacturing business operator may receive an examination by a designated verification body who conducts a verification test of specified measuring instruments with regard to the method of quality control in the notifying manufacturing business operator's factory or workplace pertaining to the application for a designation set forth in Article 16, paragraph 1 item 2 (b).
(2) A designated verification body shall, when it finds that the method of quality control at the factory or workplace where the examination set forth in the preceding paragraph has been conducted conforms to the standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 2 of the preceding Article, issue a document certifying such fact.
(Notification, etc. of Change)
Article 94 A notifying manufacturing business operator who has obtained a designation set forth in Article 16, paragraph 1, item 2 (b) (hereinafter referred to as a "designated manufacturing business operator") shall notify the Minister of Economy, Trade and Industry of any change in the matters set forth in Article 91, paragraph 1, item 5 without delay.
(2) The provisions of Article 61 and Article 62, paragraph 2 shall apply mutatis mutandis to designated manufacturing business operators. In this case, the terms "paragraph 1 of the preceding Article" in Article 61 shall be deemed to be replaced with "Article 92, paragraph 1", and the term "preceding paragraph" in the same paragraph shall be deemed to be replaced with "Article 94, paragraph 1."
(Obligation, etc. of Conformity to Standards)
Article 95 A designated manufacturing business operator shall, in manufacturing specified measuring instruments belonging to the type pertaining to an approval set forth in Article 76, paragraph 1 in its factory or workplace pertaining to the designation, make said specified measuring instruments conform to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 1, item 1 that fall under the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 2 of the same Article and shall make their instrumental error not exceed the verification tolerance specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 1, item 2 of the same Article; provided, however, that this shall not apply to the case where the designated manufacturing business operator manufactures said specified measuring instruments for the purpose of export and has notified the prefectural governor thereof in advance, or where the notifying manufacturing business operator manufactures said specified measuring instruments on a pilot production basis.
(2) A designated manufacturing business operator shall, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, conduct an inspection and prepare and keep the inspection record with regard to specified measuring instruments belonging to the type pertaining to the approval set forth in Article 76, paragraph 1 (excluding those manufactured pursuant to the provision of the proviso to the preceding paragraph) that are manufactured in its factory or workplace pertaining to the designation.
(Indication)
Article 96 A designated manufacturing business operator may, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, affix an indication to specified measuring instruments belonging to the type pertaining to the approval set forth in Article 76, paragraph 1 (excluding those manufactured pursuant to the provision of the proviso to paragraph 1 of the preceding Article) that are manufactured in its factory or workplace pertaining to the designation.
(2) The valid period of an indication set forth in the preceding paragraph to be affixed to the specified measuring instruments specified by the Cabinet Order set forth in Article 72, paragraph 2 shall be the period specified by the Cabinet Order set forth in paragraph 2 of the same Article, and the year and the month of expiration shall be indicated on the indication.
(3) An indication set forth in paragraph 1 to be affixed to the specified measuring instruments specified by the Cabinet Order set forth in Article 19, paragraph 1 or Article 116, paragraph 1 shall indicate the year and the month in which the indication was affixed.
(Restriction on Indication)
Article 97 No person shall affix to any specified measuring instrument an indication set forth in paragraph 1 of the preceding Article or any indication that is confusingly similar thereto, except in the case prescribed in paragraph 1 of the preceding Article (including the cases where it is applied mutatis mutandis pursuant to Article 101, paragraph 3).
(2) When an import business operator has imported a specified measuring instrument affixed with an indication set forth in paragraph 1 of the preceding Article or any indication that is confusingly similar thereto, the import business operator shall remove such indication prior to the time of transfer or lending of the specified measuring instrument, except in the case where such indication has been affixed pursuant to the provision of paragraph 1 of the preceding Article (including the cases where it is applied mutatis mutandis pursuant to Article 101, paragraph 3).
(Order for Improvement)
Article 98 The Minister of Economy, Trade and Industry may, in the following cases, order a designated manufacturing business operator to improve appliances, machines or equipment used to inspect the specified measuring instruments, as well as its quality control operations, and to take other necessary measures:
(i) When the Minister of Economy, Trade and Industry finds that the method of quality control at the designated manufacturing business operator's factory or workplace pertaining to the designation does not conform to the standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 92, paragraph 2.
(ii) When the Minister of Economy, Trade and Industry finds that the designated manufacturing business operator has violated the provision of Article 95, paragraph 1.
(Rescission of Designation)
Article 99 The Minister of Economy, Trade and Industry may, when a designated manufacturing business operator falls under any of the following items, rescind its designation:
(i) The designated manufacturing business operator has violated the provisions of Article 84, paragraph 3, Article 94, paragraph 1, Article 95, paragraph 2 or Article 97, paragraph 1.
(ii) The designated manufacturing business operator has fallen under Article 92, paragraph 1, item 1 or 3.
(iii) The designated manufacturing business operator has violated an order pursuant to the provision of Article 86 or the preceding Article.
(iv) The designated manufacturing business operator has obtained a designation set forth in Article 16, paragraph 1, item 2 (b) by wrongful means.
(Application, mutatis mutandis)
Article 100 The provision of Article 40, paragraph 2 shall apply mutatis mutandis to the submission of an application pursuant to the provision of Article 91, paragraph 1 and to the notification pursuant to the provision of Article 94, paragraph 1, and the provision of Article 66 shall apply mutatis mutandis to designated manufacturing business operators.
(Designation, etc. pertaining to Foreign Manufacturing Business Operator)
Article 101 A foreign manufacturing business operator who intends to receive a designation set forth in Article 16, paragraph 1, item 2 (b) shall submit an application to the Minister of Economy, Trade and Industry, which shall state the matters set forth in Article 91, paragraph 1, items 1 through 3 and item 5.
(2) When a foreign manufacturing business operator who has received a designation set forth in Article 16, paragraph 1, item 2 (b) (hereinafter referred to as a "designated foreign manufacturing business operator") manufactures specified measuring instruments belonging to the type for which an approval set forth in Article 89, paragraph 1 was received, in its factory or workplace pertaining to the designation, the designated foreign manufacturing business operator shall make the specified measuring instruments conform to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 1, item 1 that fall under the technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 2 of the same Article and shall make their instrumental error not to exceed the verification tolerance specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraph 1, item 2 of the said Article.
(3) The provision of Article 92 shall apply mutatis mutandis to a designation set forth in Article 16, paragraph, 1 item 2 (b) pertaining to the designation pursuant to the provision of paragraph 1 of this Article, and the provisions of Article 61, Article 62, Article 65, Article 66, Article 89, paragraphs 5 and 6, Article 94, paragraph 1, Article 95, paragraph 2, Article 96, paragraph 1, Article 97, paragraph 1, Article 98 and Article 99 shall apply mutatis mutandis to designated foreign manufacturing business operators. In this case, the term "paragraph 1 of the preceding Article" in Article 61 shall be deemed to be replaced with "Article 92, paragraph 1 as applied mutatis mutandis pursuant to Article 101, paragraph 3", the term "each item of Article 59" in Article 62, paragraph 1 shall be deemed to be replaced with "Article 91, paragraph 1, items 1 through 3", the term "the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph" in Article 89, paragraph 5 shall be deemed to be replaced with "Article 99 as applied mutatis mutandis pursuant to Article 101, paragraph 3", the term "specified measuring instruments belonging to the type pertaining to the approval set forth in Article 76, paragraph 1 (excluding those manufactured pursuant to the provision of the proviso to the preceding paragraph)" in Article 95 paragraph 2 and the term "specified measuring instruments belonging to the type pertaining to an approval set forth in Article 76, paragraph 1 (excluding those manufactured pursuant to the provision of the proviso to paragraph 1 of the preceding Article)" in Article 96, paragraph 1 shall be deemed to be replaced with "specified measuring instruments to be exported to Japan belonging to the type pertaining to the approval set forth in Article 89, paragraph 1", the terms "No person" and "specified measuring instrument" in Article 97, paragraph 1 shall be deemed to be replaced with "No designated foreign manufacturing business operator" and "specified measuring instrument to be exported to Japan", respectively, the term "order" in Article 98 shall be deemed to be replaced with "request", the term "Article 95, paragraph 1" in Article 98, item 2 shall be deemed to be replaced with "Article 101, paragraph 2", the term "Article 84, paragraph 3" in Article 99, item 1 shall be deemed to be replaced with "Article 84, paragraph 3 as applied mutatis mutandis pursuant to Article 89, paragraph 4", and the terms "Article 86" and "has violated an order" in Article 99, item 3 shall be deemed to be replaced with "Article 86 as applied mutatis mutandis pursuant to Article 89, paragraph 4" and "has failed to respond to a request", respectively.
Section 4 Inspection of Verification Standards
(Inspection of Verification Standards)
Article 102 Verification tests, periodic inspections and other inspections of measuring instruments specified by the Ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to as an "inspection of verification standards") shall be performed by the Minister of Economy, Trade and Industry, the prefectural governor or Japan Electric Meters Inspection Corporation in accordance with the classification specified by Cabinet Order.
(2) The types of measuring instruments used for the inspection of verification standards and the persons eligible to receive the inspection of verification standards shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
(Criteria for Passing the Inspection of Verification Standards)
Article 103 The measuring instrument shall pass an inspection of verification standards when it conforms to each of the following items:
(i) The structure of the measuring instrument conforms to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) The instrumental error of the measuring instrument conforms to the standards specified by the Ordinance the Ministry of Economy, Trade and Industry.
(2) The conformity to item 1 of the preceding paragraph shall be determined by the method specified by the Ordinance the Ministry of Economy, Trade and Industry
(3) The conformity to paragraph 1, item 2 shall be determined through a calibration of the measuring instrument by the method specified by the Ordinance the Ministry of Economy, Trade and Industry; provided, however, that if the measuring instrument bears a certificate issued by a registered operator set forth in Article 144, paragraph 1 pertaining to a calibration of the measuring instrument, the conformity may be determined based on said certificate.
(Verification Standard Inspection Mark)
Article 104 A measuring instrument which has passed an inspection of verification standards (hereinafter referred to as a "verification standard") shall be affixed with a verification standard inspection mark pursuant to the provision of the Ordinance the Ministry of Economy, Trade and Industry.
(2) A valid period of each verification standard inspection mark shall be the period specified by the Ordinance the Ministry of Economy, Trade and Industry for each verification standard type.
(3) A verification standard mark affixed to a measuring instrument which has failed to pass an inspection of verification standards shall be removed.
(Certificate of Inspection of Verification Standards)
Article 105 When a measuring instrument has passed an inspection of verification standards, a certificate of inspection of verification standards stating the instrumental error, the calibration methods and the valid period set forth in paragraph 2 of the preceding Article shall be issued to an applicant for the inspection of verification standards.
(2) A certificate of inspection of verification standards to be issued with regard to a measuring instrument specified by the Ordinance the Ministry of Economy, Trade and Industry shall also state the intended use and the method of use of the measuring instrument.
(3) If an applicant for an inspection of verification standards has received a certificate of inspection of verification standards pertaining to a measuring instrument which has failed to pass an inspection of verification standards, a cancellation mark shall be applied on the certificate of inspection of verification standards.
(4) Any transfer or lending of any verification standard shall be made together with a certificate of inspection of verification standards thereof.
Section 5 Designated Verification Bodies
Article 106 A designation set forth in Article 16, paragraph 1, item 2 (a) shall be made, in accordance with the classification specified by Cabinet Order, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, upon an application submitted, by a person who intends to perform a verification test (including an inspection of electric meters with a transformer, a fitting inspection, a test set forth in Article 78, paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to Article 81, paragraph 2 and Article 89, paragraph 3) and an examination set forth in Article 93, paragraph 1; hereinafter the same shall apply in this Article).
(2) A designated verification body shall notify the Minister of Economy, Trade and Industry of any change in the location of the place of business where verification tests are conducted two weeks prior to the date of intended change.
(3) The provisions of Articles 27 through 33 and Articles 35 through 38 shall apply mutatis mutandis to designated verification bodies and verification tests. In this case, the term "prefectural governor or the head of a specified municipality" in these provisions shall be deemed to be replaced with "the Minister of Economy, Trade and Industry", and the term "Article 20, paragraph 1" in Articles 27 through Article 28-2 and Article 38 item 5 shall be deemed to be replaced with "Article 16, paragraph 1, item 2 (a)."
Chapter VI Measurement Certification Business
Section 1 Measurement Certification Business
(Registration of Measurement Certification Business)
Article 107 Any person who intends to engage in a measurement certification business listed in the following items shall, in accordance with the business classification specified by the Ordinance of the Ministry of Economy, Trade and Industry (simply referred to as the "business classification" in the following Article), obtain a registration for each of its place of business from the prefectural governor having jurisdiction over its place of business; provided, however, that this shall not apply to the case where a person engaged in the measurement certification business is the national government, local governments, or an incorporated administrative agency prescribed by Article 2, paragraph 1 of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999) who is designated by Cabinet Order as competent to appropriately perform the measurement certification business, or where the measurement certification business is performed by a person who has received a registration, designation or any other disposition to conduct that business pursuant to the provision of an Act specified by Cabinet Order:
(i) The business of measurement certifications of length, weight, area, volume or heat concerning goods to be loaded/unloaded or entered/dispatched for transportation, deposit or sale or purchase (excluding the measurement certifications of mass or volume of goods to be loaded on or unloaded from ship).
(ii) The business of measurement certifications of concentration, sound pressure level or the quantity of other physical phenomena specified by Cabinet Order (excluding what is listed in the preceding item).
(Application for Registration)
Article 108 A person who intends to obtain a registration set forth in the preceding Article shall submit an application to the prefectural governor having jurisdiction over the person's place of business, which shall state the following matters:
(i) Name and address, and in the case of a juridical person, name of its representative
(ii) Business classification
(iii) Location of the place of business
(iv) Name, performance and number of specified measuring instruments and other appliances, machines, or equipment used for measurement certifications, specified by the Ordinance of the Ministry of Economy, Trade and Industry
(v) Names (or, names and their registration numbers in the case of persons listed in (a)) and job descriptions of the following persons engaged in the service pertaining to the business
(a) Certified measurer(s) specified by the Ordinance of the Ministry of Economy, Trade and Industry according to the business classification
(b) Person(s) with knowledge and experience that conform to the requirements specified by the Ordinance of the Ministry of Economy, Trade and Industry according to the business classification
(Criteria for Registration)
Article 109 The prefectural governor shall, when an application for registration set forth in Article 107 conforms to each of the following items, grant a registration:
(i) Specified measuring instruments and other appliances, machines or equipment used for measurement certifications conform to standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) Measurement control (an act of taking necessary measures to ensure proper measurements, such as arrangement of measuring instruments maintenance of accurate measurements and improvement of measurement methods; the same shall apply hereinafter) pertaining to the business performed by a person listed in item 5 (a) or item 5 (b) of the preceding Article.
(iii) In the case where the business is a specified measurement certification business set forth in Article 121-2 and is specified by Cabinet Order as a business which is specifically required to ensure proper measurements, the business is accredited under the same Article.
(Business Rules)
Article 110 A person who has obtained a registration set forth in Article 107 (hereinafter referred to as a "measurement certification business operator") shall prepare business rules stating matters specified by the Ordinance of the Ministry of Economy, Trade and Industry with regard to the method of implementation of the business pertaining to the registration, and submit the same to the prefectural governor after the registration without delay. The same shall apply to any change thereof.
(2) The prefectural governor may, when he/she finds it necessary for ensuring proper implementation of measurement certifications, order a measurement certification business operator to change its business rules pertaining to the notification pursuant to the provision of the preceding paragraph.
(Issuance of Certificate)
Article 110-2 When a measurement certification business operator has performed measurement certifications pertaining to its measurement certification business, the measurement certification business operator may issue a certificate stating the matters specified by the Ordinance of the Ministry of Economy, Trade and Industry and bearing a mark specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(2) No person shall affix to any certificate pertaining to measurement certifications a mark set forth in the preceding paragraph or any mark that is confusingly similar thereto, except in the case prescribed in the preceding paragraph.
(3) In addition to what is provided for in the preceding paragraph, a measurement certification business operator shall not affix to any article other than certificates pertaining to measurement certifications a mark set forth in paragraph 1 or any mark that is confusingly similar thereto.
(Order for Compliance)
Article 111 The prefectural governor may, when he/she finds that a measurement certification business operator has become noncompliant with the provisions of each item of Article 109, order the measurement certification business operator to take necessary measures for compliance therewith.
(Lapse of Registration)
Article 112 When a measurement certification business operator has abolished its business pertaining to the registration or relocated its place of business to a location outside the jurisdiction of the prefectural governor who has granted the registration, the registration shall cease to be effective.
(Rescission of Registration, etc.)
Article 113 The prefectural governor may, when a measurement certification business operator falls under any of the following items, rescind its registration, or order the suspension of the business of the measurement certification business operator for a fixed period of time not exceeding one year:
(i) The measurement certification business operator has violated the provision of Article 62, paragraph 1 as applied mutatis mutandis pursuant to the following Article or Article 116.
(ii) The measurement certification business operator has fallen under Article 92, paragraph 1, item 1 or 3 as applied mutatis mutandis pursuant to the following Article.
(iii) The measurement certification business operator has violated an order pursuant to the provision of Article 110, paragraph 2 or Article 111.
(iv) He/she finds that the business rules pertaining to the notification pursuant to the provision of Article 110, paragraph 1 are not being enforced.
(v) The measurement certification business operator has committed wrongful acts pertaining to the measurement certificate business except in the case prescribed in each of the preceding items.
(vi) The measurement certification business operator has obtained a registration set forth in Article 107 by wrongful means.
(Application, mutatis mutandis)
Article 114 The provisions of Article 92, paragraph 1 shall apply mutatis mutandis to a registration set forth in Article 107, and the provisions of Article 61, Article 62 and Article 65 shall apply mutatis mutandis to measurement certification business operators. In this case, the term "two years" in Article 92, paragraph 1, items 1 and 2 shall be deemed to be replaced with "one year", the term "Article 99" in the same items shall be deemed to be replaced with "Article 113", the term "paragraph 1 of the preceding Article" in Article 61 shall be deemed to be replaced with "Article 92, paragraph 1 as applied mutatis mutandis pursuant to Article 114", the term "each item of Article 59" in Article 62, paragraph 1 shall be deemed to be replaced with "Article 108 item 1 or items 3 through 5."
(Delegation to the Ordinance of the Ministry of Economy, Trade and Industry)
Article 115 In addition to what is provided for in Article 107 through the preceding Article, the issuance, revision, reissuance and return of a registration certificate, the issuance of a certified copy or inspection of registry, and other matters pertaining to a registration of the business of measurement certifications shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
Section 2 Measurement Certification Inspection
(Measurement Certification Inspection)
Article 116 A measurement certification business operator shall, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, receive an inspection performed by the prefectural governor who has granted a registration to the measurement certification business operator (hereinafter referred to as a "measurement certifications inspection") with respect to specified measuring instruments used for measurement certifications (excluding those specified by the Cabinet Order set forth in Article 16, paragraph 1) at intervals, specified by Cabinet Order for each specified measuring instrument, from the date of registration set forth in Article 107; provided, however, that this shall not apply to the following specified measuring instruments:
(i) A specified measuring instrument affixed with a verification mark, etc. for which a period specified by Cabinet Order for each specified measuring instrument has not expired from the first day of the following month of the year and month indicated on the mark, etc. pursuant to the provision of Article 72, paragraph 3 or Article 96, paragraph 3
(ii) A specified measuring instrument used by a measurement certification business operator who has received a designation set forth in Article 127, paragraph 1 in the place of business pertaining to the designation (excluding what is listed in the preceding item)
(2) A measurement certification business operator who has received a designation set forth in Article 127, paragraph 1 shall, once during the period specified by Cabinet Order, excluding the period applied to each item of the preceding paragraph, cause a certified measurer prescribed in Article 128, paragraph 1 inspect whether a specified measuring instrument specified by the Cabinet Order set forth in the same paragraph that are used in the place of business pertaining to the designation, conforms to each item of Article 118, paragraph 1 in accordance with the method specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in paragraphs 2 and 3 of the same Article.
(Designated Measurement Certification Inspection Organization)
Article 117 The prefectural governor may have a designated person (hereinafter referred to as a "designated measurement certification inspection organization") execute a measurement certification inspection.
(2) When the prefectural governor has a designated measurement certification inspection organization execute the whole or part of service of a measurement certification inspection (hereinafter referred to as "inspection service" in this section) pursuant to the provision of the preceding paragraph, he/she shall refrain from performing said inspection service in whole or in part.
(Criteria for Passing the Measurement Certification Inspection)
Article 118 A specified measuring instrument shall be deemed to have passed the measurement certification inspection if the specified measuring instrument conforms to each of the following items:
(i) The specified measuring instrument is affixed with a verification mark, etc. (in the case of a specified measuring instrument specified by the Cabinet Order set forth in Article 72, paragraph 2, limited to those for which the valid period has not yet expired).
(ii) The performance of the specified measuring instrument conforms to technical standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(iii) The instrumental error of the specified measuring instrument does not exceed the tolerance for use specified by the Ordinance the Ministry of Economy, Trade and Industry.
(2) The conformity to item 2 of the preceding paragraph shall be determined by the method specified by the Ordinance the Ministry of Economy, Trade and Industry
(3) The conformity to paragraph 1, item 3 shall be determined by the method specified by the Ordinance the Ministry of Economy, Trade and Industry by using a verification standard (or, with regards to the instrumental errors of the specified measuring instrument specified by the Ordinance the Ministry of Economy, Trade and Industry set forth in Article 71, paragraph 3, a reference material specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in the same paragraph).
(Measurement Certification Inspection Mark, etc.)
Article 119 A specified measuring instrument which has passed a measurement certification inspection shall be affixed with a measurement certification inspection mark pursuant to the provisions of the Ordinance of the Ministry of Economy, Trade and Industry.
(2) A measurement certification inspection mark set forth in the preceding paragraph shall indicate the year and the month in which the measurement certification inspection was conducted.
(3) When a specified measuring instrument that has not pass a measurement certification inspection bears a verification mark, etc., such verification mark, etc. shall be removed.
(Inspection by Certified Measurer in Lieu of Measurement Certification Inspection)
Article 120 With respect to a specified measuring instrument required to undergo a measurement certification inspection pursuant to the provisions of Article 116, paragraph 1, in the case where a certified measurer specified according to the type of specified measuring instruments by Ordinance of the Ministry of Economy, Trade and Industry, has performed an inspection thereof by the method specified by the Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 118, paragraphs 2 and 3 within the period specified by the Ordinance of the Ministry of Economy, Trade and Industry, and has affixed an indication pursuant to the provisions of Article 25, paragraph 3 as applied mutatis mutandis pursuant to the following paragraph, said specified measuring instrument shall not be required to undergo a measurement certification inspection notwithstanding the provision of Article 116, paragraph 1, if the measurement certification business operator has notified the prefectural governor having jurisdiction over its place of business thereof.
(2) The provisions of Article 25, paragraphs 2 and 3 shall apply mutatis mutandis to the case of the preceding paragraph. In this case, the term "each item of Article 23, paragraph 1" in Article 25, paragraph 3 shall be deemed to be replaced with "each item of Article 118, paragraph 1."
(Designation of Designated Measurement Certification Inspection Organization, etc.)
Article 121 A designation set forth in Article 117, paragraph 1 shall, pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry, be made upon an application from a person who intends to perform an inspection service.
(2) The provisions of Articles 27 through 33, Articles 35 through 39 and Article 106, paragraph 2 shall apply mutatis mutandis to designated measurement certification inspection organizations and measurement certification inspections. In this case, the term "the prefectural governor or the head of specified municipality" in these provisions and the term "the Minister of Economy, Trade and Industry" in Article 106, paragraph 2 shall be deemed to be replaced with "the prefectural governor", and the term "Article 20, paragraph 1" in Articles 27 through 28-2 and Article 38, item 5 shall be deemed to be replaced with "Article 117, paragraph 1."
Section 3 Specified Measurement Certification Business
(Accreditation)
Article 121-2 A person who intends to engage in the specified measurement certification business (the business specified by Cabinet Order as requiring high levels of technology to certify measurement of considerably tiny quantities of physical phenomena prescribed in Article 107, item 2; hereinafter the same shall apply in this Article) may, in accordance with the classification specified by the Ordinance of the Ministry of Economy, Trade and Industry, obtain an accreditation of its business's conformity to each of the following items by submitting an application to the Minister of Economy, Trade and Industry or a entity designated thereby (hereinafter referred to as a "specified measurement cortication accreditation organization"):
(i) The person has a management organization necessary to properly perform the specified measurement certification business.
(ii) The person has technological competency necessary to accurately and smoothly perform the specified measurement certification business.
(iii) The person has implemented service implementation procedures necessary to properly perform the specified measurement certification business.
(Issuance of Certificate)
Article 121-3 When a person who has obtained an accreditation set forth in the preceding Article (hereinafter referred to as an "accredited specified measurement certification business operator") has performed a measurement certification service pertaining to the business classification accredited set forth in the same Article, the accredited specified measurement certification business operator may issue a certificate with a mark specified by the Ordinance of the Ministry of Economy, Trade and Industry affixed that shall state the matters specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(2) No person shall affix to any certificate pertaining to measurement certifications a mark set forth in the preceding paragraph or any mark confusingly similar thereto, except in the case prescribed in the preceding paragraph.
(3) In addition to what is provided for in the preceding paragraph, an accredited specified measurement certification business operator shall not affix to any item other than certificates pertaining to measurement certifications a mark set forth in paragraph 1 or any mark confusingly similar thereto.
(Renewal of Accreditation)
Article 121-4 An accreditation set forth in Article 121-2 shall cease to be effective upon expiration of a period of not less than three years specified by Cabinet Order unless renewed at each such time.
(2) The provisions of Article 121-2 and paragraph 1 of the preceding Article shall apply mutatis mutandis to the renewal of accreditation set forth in the preceding paragraph.
(Rescission of Accreditation)
Article 121-5 The Minister of Economy, Trade and Industry may, when an accredited specified measurement certification business operator falls under any of the following items, rescind its accreditation:.
(i) The accredited specified measurement certification business operator has become noncompliant with any of the items of Article 121-2.
(ii) The accredited specified measurement certification business operator has obtained an accreditation set forth in Article 121-2 or renewed an accreditation set forth in paragraph 1 of the preceding Article 1 by wrongful means.
(Application, mutatis mutandis)
Article 121-6 The provisions of Article 41, Article 65 and Article 66 shall apply mutatis mutandis to accredited specified measurement certification business operators.
Section 4 Specified Measurement Certification Accreditation Organizations
(Application for Designation)
Article 121-7 A designation set forth in Article 121-2 shall be made for each classification specified by the Ordinance of the Ministry of Economy, Trade and Industry upon an application submitted pursuant to the provision of the Ordinance of the Ministry of Economy, Trade and Industry by a person who intends to perform accreditation set forth in the same Article.
(Criteria for Designation)
Article 121-8 The Minister of Economy, Trade and Industry shall not make a designation unless he/she finds that an application for the designation set forth in Article 121-2 conform to each of the following criteria:
(i) An accreditation set forth in Article 121-2 (hereinafter referred to simply as an "accreditation" in this Article and the following Article) is executed by those with knowledge and experience that conform to the requirements specified by the Ordinance of the Ministry of Economy, Trade and Industry, and the number of such persons is not less than the number specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(ii) In the case of a juridical person, the organization of its officers or members specified by the Ordinance of the Ministry of Economy, Trade and Industry for each type of juridical persons is not likely to adversely affect fair implementation of an accreditation.
(iii) In addition to what is provided for in the preceding paragraph, the juridical person conforms to other criteria specified by the Ordinance of the Ministry of Economy, Trade and Industry as those that are unlikely to cause any unfair accreditation.
(iv) The applicant has a financial basis necessary for an appropriate and smooth accreditation service.
(v) Granting of a designation herein does not result in the impediment to an appropriate and smooth implementation of an accreditation pertaining to the application.
(Obligation of Accreditation)
Article 121-9 A specified measurement certification accreditation organization shall perform an examination for an accreditation without delay upon a request for the accreditation unless there are justifiable grounds for refusing to do so.
(2) A specified measurement certification accreditation organization shall, in conducting an accreditation, cause a person prescribed in paragraph 1 of the preceding Article to perform such accreditation.
(Application, mutatis mutandis)
Article 121-10 The provisions of Article 27, Article 28-2, Articles 30 through 32, Articles 35 through 38 and Article 106, paragraph 2 shall apply mutatis mutandis to specified measurement certification accreditation organizations and an accreditation set forth in Article 121-2. In this case, the term "the prefectural governor or the head of specified municipality" in these provisions shall be deemed to be replaced with "the Minister of Economy, Trade and Industry", the term "Article 20, paragraph 1" in Article 27, Article 28-2, paragraph 1 and Article 38, item 5 shall be deemed to be replaced with "Article 121-2", the term "The preceding three Articles" in Article 28-2, paragraph 2 shall be deemed to be replaced with "Article 27 as applied mutatis mutandis pursuant to Article 121-7, Article 121-8 and Article 121-10", the term "Article 28, item 2" Article 35 shall be deemed to be replaced with "Article 121-8, item 1", and the term "items 1 through 5 of Article 28" in Article 37 shall be deemed to be replaced with "items 1 through 4 of Article 121-8."
Chapter VII Proper Measurement Control
Section 1 Certified Measurers
(Registration)
Article 122 The Minister of Economy, Trade and Industry shall register as a certified measurer a person with knowledge and experience necessary to properly perform inspections of measuring instruments and other measurement control activities.
(2) A person who falls under any of the following items may become a certified measurer by obtaining a registration pursuant to the provision of the preceding paragraph according to the classification of certified measurers specified by the Ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to simply as "the classification of certified measurers") by which its name, date of birth and other necessary matters specified by the Ordinance of the Ministry of Economy, Trade and Industry:
(i) A person who has passed the national certified measurer examination and conforms to the practical experience requirements and other requirements specified by the Ordinance of the Ministry of Economy, Trade and Industry according to the classification of certified measurers.
(ii) A person who is a graduate of the course provided by the National Institute of Advanced Industrial Science and Technology (hereinafter referred to as the "AIST") set forth in Article 166, paragraph 1, conforms to the practical experience requirements and other requirements specified by the Ordinance of the Ministry of Economy, Trade and Industry according to the classification of certified measurers, and has been certified by the Measurement Administration Council as having the equivalent or higher level of academic knowledge and experience to that of the person listed in the preceding item.
(3) Any person who falls under any of the following items may not receive a registration pursuant to the provision of paragraph 1:
(i) A person who has been sentenced to a fine or severer punishment by violating this Act or any order pursuant to this Act, and one year has not passed from the date on which the enforcement of such punishment has been completed or has become not applicable.
(ii) A person whose registration as a certified measurer has been rescinded pursuant to the provision of the following Article and one year has not passed from the day of such rescission
(Rescission of Registration, etc.)
Article 123 The Minister of Economy, Trade and Industry may, when a certified measurer falls under any of the following items, rescind his/her registration, or order the suspension of the use of the title of a certified measurer for a fixed period of time not exceeding one year.
(i) The certified measurer has violated any provision of this Act or any order under this Act.
(ii) The certified measurer has committed wrongful acts pertaining to specified measuring instrument inspection service except in the case prescribed in the preceding item.
(iii) The certified measurer has obtained a registration set forth in paragraph 1 of the preceding Article by wrongful means.
(Restriction of Use of Title)
Article 124 Any person who is not a certified measurer shall not use the title of certified measurer.
(National Certified Measurer Examination)
Article 125 The national certified measurer examination shall be implemented at least once a year by the Minister of Economy, Trade and Industry in accordance with the classification of certified measurers in order to assess the knowledge and skills necessary for inspecting measuring instruments and for other measurement control activities.
(Delegation to Cabinet Order and the Ordinance of the Ministry)
Article 126 In addition to what is provided for in Article 122 through the preceding Article, an application for registration, the issuance, revision, reissuance and return of a registration certificate, the issuance of a certified copy or inspection of registry, and other matters pertaining to registration of certified measurer shall be prescribed by Cabinet Order, and the examination subjects, examination procedures and other matters pertaining to the national certified measurer examination shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.
Section 2 Proper Measurement Control Business Places
(Designation)
Article 127 The Minister of Economy, Trade and Industry shall designate as a proper measurement control business place a place of business where a specified measuring instrument is used and proper measurement control is performed.
(2) A person who intends to receive a designation set forth in the preceding paragraph shall submit an application to the Minister of Economy, Trade and Industry through the prefectural governor having jurisdiction over said person's place of business where a specified measuring instrument is used (or, in the case where its place of business is located within the jurisdiction of the specified municipality, through the head of the specified municipality), which shall state the following matters:
(i) Name and address, and, in the case of juridical person, name of its representative
(ii) Name and location of the place of business
(iii) Name, performance and number of specified measuring instruments to be used
(iv) Name, registration number and classification of the certified measurer who performs the inspection of specified measuring instruments to be used
(v) Matters pertaining to the method of measurement control (limited to those specified by the Ordinance of the Ministry of Economy, Trade and Industry)
(3) A person who has submitted an application set forth in paragraph 1 shall receive an inspection by the prefectural governor or the head of the specified municipality regarding the method of measurement control at said place of business without delay.
(4) The prefectural governor or the head of the specified municipality who has implemented an inspection pursuant to the provisions of the preceding paragraph shall report to the Minister of Economy, Trade and Industry the result of said inspection pursuant to the provisions of the Ordinance of the Ministry of Economy, Trade and Industry.
(Criteria for Designation)
Article 128 The Minister of Economy, Trade and Industry shall, when he/she finds that an application for the designation set forth in paragraph 1 of the preceding Article conforms to each of the following items, make a designation:
(i) A certified measurer specified by the Ordinance of the Ministry of Economy, Trade and Industry for each type of specified measuring instrument periodically inspects specified measuring instruments used in the place of business pursuant to the provisions of the Ordinance of the Ministry of Economy.
(ii) In addition, the method of measurement control conforms to the standards specified by the Ordinance of the Ministry of Economy, Trade and Industry.
(Bookkeeping)
Article 129 A person who has received a designation set forth in Article 127, paragraph 1 shall, pursuant to the provisions of the Ordinance of the Ministry of Economy, Trade and Industry, prepare books, enter in the books the results of inspections performed by a certified measurer of specified measuring instruments used in said proper measurement