Act on the Prevention of Infectious Diseases in Livestock(Act No. 166 of 1951)
Last Version: Act No. 16 of 2020
TOC
History
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August 5, 2022
- Last Version: Act No. 16 of 2020
- Translated Date: March 7, 2022
- Dictionary Version: 14.0
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March 31, 2009
- Last Version: Act No. 68 of 2004
- Translated Date: April 1, 2009
- Dictionary Version: 1.0
Act on the Prevention of Infectious Diseases in Livestock
Act No. 166 of May 31, 1951
Table of Contents
Chapter I General Provisions(Article 1 through 3-2)
Chapter II Preventing the Outbreak of Livestock Infectious Diseases(Article 4 through 12-7)
Chapter III Preventing the Spread of Livestock Infectious Diseases(Article 13 through 35-2)
Chapter IV Export and Import Quarantine(Article 36 through 46-4)
Chapter V Measures Regarding the Possession of Pathogens(Article 46-5 through 46-22)
Chapter VI Miscellaneous Provisions(Article 47 through 62-5)
Chapter VII Penal Provisions(Article 63 through 72)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to promote the livestock industry by preventing the outbreak or spread of infectious diseases in livestock (including parasitic diseases; the same applies hereinafter).
(Definitions)
Article 2(1)The term "livestock infectious diseases" as used in this Act means the infectious diseases listed in the left-hand column of the following table as involving the livestock listed in the right-hand column of the corresponding row, and other livestock specified for each of them by Cabinet Order.
Type of infectious disease
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Species of livestock
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(1) Rinderpest
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Cattle, sheep, goats, pigs
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(2) Contagious bovine pleuropneumonia
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Cattle
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(3) Foot-and-mouth disease
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Cattle, sheep, goats, pigs
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(4) Infectious encephalitis
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Cattle, horses, sheep, goats, pigs
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(5) Rabies
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Cattle, horses, sheep, goats, pigs
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(6) Vesicular stomatitis
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Cattle, horses, pigs
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(7) Rift Valley fever
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Cattle, sheep, goats
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(8) Anthrax
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Cattle, horses, sheep, goats, pigs
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(9) Hemorrhagic septicemia
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Cattle, sheep, goats, pigs
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(10) Brucellosis
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Cattle, sheep, goats, pigs
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(11) Tuberculosis
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Cattle, goats
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(12) Johne's disease
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Cattle, sheep, goats
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(13) Piroplasmosis (limited to those caused by pathogens prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter)
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Cattle, horses
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(14) Anaplasmosis (limited to those caused by pathogens prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter)
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Cattle
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(15) Transmissible spongiform encephalopathy
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Cattle, sheep, goats
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(16) Glanders
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horses
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(17) Equine infectious anemia
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horses
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(18) African horse sickness
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horses
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(19) Peste des petits ruminants
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sheep, goats
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(20) Classical swine fever
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pigs
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(21) African swine fever
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pigs
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(22) Swine vesicular disease
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pigs
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(23) Fowl cholera
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Chickens, ducks, quails
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(24) Highly pathogenic avian influenza
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Chickens, ducks, quails
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(25) Low pathogenic avian influenza
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Chickens, ducks, quails
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(26) Newcastle disease (limited to those caused by pathogens prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter)
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Chickens, ducks, quails
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(27) Avian salmonellosis (limited to those caused by pathogens prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter)
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Chickens, ducks, quails
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(28) Foul brood
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Honeybees
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(2)The term "affected livestock" as used in this Act means livestock that have contracted a infectious disease (excluding foulbrood), and the term "livestock suspected of being affected" means livestock that are suspected of being affected or are likely to become affected because they have come into contact or are suspected of having come into contact with the pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, rabies, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza.
(3)The Minister of Agriculture, Forestry and Fisheries, when intending to plan the enactment, amendment or repeal of the Cabinet Orders referred to in paragraph (1), must first hear the opinions of the Council of Food, Agriculture and Rural Area Policies.
(Responsibilities of Livestock Owners)
Article 2-2Livestock owners are to be aware that they have the primary responsibility for preventing the outbreak of infectious diseases in livestock and preventing the spread of infectious diseases in livestock caused by that livestock, and must endeavor to acquire the necessary knowledge and skills to prevent the outbreak and spread of infectious diseases in livestock, and to appropriately implement biosecurity and other measures for the care of livestock.
(Responsibilities of the National and Local Governments)
Article 2-3(1)The national government must comprehensively formulate and implement measures to prevent the outbreak and spread of infectious diseases in livestock based on the latest scientific findings and the situation and trends of the outbreak of infectious diseases of livestock in Japan and other countries, and endeavor to give the necessary advice or other measures to ensure appropriate implementation of measures by local governments to prevent the outbreak and spread of infectious diseases in livestock and to take necessary measures to ensure appropriate implementation of import and export quarantine.
(2)In accordance with the status of biosecurity for the care of livestock in their area, the status and trends of the outbreak of infectious diseases in livestock, and other regional circumstances, prefectures must develop the systems necessary for taking appropriate measures to prevent the outbreak and spread of infectious diseases in livestock, and endeavor to implement these measures in an integrated and effective manner, in cooperation with the national government and municipalities.
(3)Municipalities must endeavor to take measures that contribute to the prevention of outbreaks and the prevention of the spread of infectious diseases in livestock, in cooperation with the policies of the national government and prefectures.
(4)The national government and local governments must cooperate in public relations activities for the dissemination of correct knowledge on infectious diseases in livestock and the implementation of other measures for the prevention of outbreaks and spread of infectious diseases in livestock by holding consultative meetings and endeavor to provide necessary advice and guidance to livestock owners or organization comprised of them to promote their voluntary measures for the prevention of outbreak of infectious diseases in livestock which contribute to the prevention of outbreak and spread of infectious diseases in livestock in their local area.
(Responsibilities of Related Businesses)
Article 2-4Persons who enter and leave livestock barns and their premises, organizers of events where livestock are gathered, or owners of facilities where livestock are gathered, and other persons engaging in businesses related to livestock farming, with regard to their business activities, must endeavor to take measures to prevent the spread of pathogens of livestock infectious diseases and cooperate with measures implemented by the national and local governments to prevent the outbreak and spread of infectious diseases in livestock.
(Application to Managers)
Article 3Provisions concerning owners of livestock, objects or facilities in this Act (excluding the provisions of Article 56 and Articles 58 through 60-2) apply equally to persons other than owners who manage the relevant livestock, objects or facilities (excluding carriers by means of railways, tramways, automobiles, ships or aircraft who are entrusted with the transportation of relevant livestock, objects or facilities), when those persons exist.
(Guidelines for the Prevention of Specific Livestock Infectious Diseases)
Article 3-2(1)The Minister of Agriculture, Forestry and Fisheries are to prepare and publish guidelines (hereinafter referred to as "the guidelines for the prevention of specific livestock infectious diseases" in this Article) on the following particulars with regard to rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, low pathogenicity avian influenza, and other livestock infectious diseases that are specified by Order of the Ministry of Agriculture, Forestry and Fisheries as those that require particularly comprehensive measures to be taken for the prevention of outbreak and spread (the diseases above mentioned are hereinafter referred to as "specific livestock infectious disease" in this Article).
(i)basic policy on measures to prevent the outbreak and spread of specific livestock infectious diseases (if the specific livestock infectious disease is rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza, this includes the spread of the pathogens of the infectious disease due to the spread of the infectious disease in animals other than livestock; the same applies hereinafter in this Article);
(ii)particulars related to inspections necessary to determine whether or not the livestock is affected or suspected to be affected;
(iii)particulars concerning disinfection, restrictions on the movement of livestock and other necessary measures to prevent the outbreak or the spread of specific livestock infectious diseases; and
(iv)beyond what is listed in the preceding three items, particulars concerning the comprehensive implementation of measures required according to the specific livestock infectious diseases.
(2)Beyond what is provided for in the preceding paragraph, if it is urgently necessary to prevent the spread of specific livestock infectious diseases, the Minister of Agriculture, Forestry and Fisheries is to designate the species of livestock, the region, and the period, and prepare and make public the guidelines for urgently implementing measures necessary according to the situation of the outbreak of the specific livestock infectious diseases (referred to as the "emergency guidelines for specific livestock infectious diseases" in the following paragraph).
(3)Prefectural governors, prefectural livestock health inspectors and municipal mayors are to take measures to prevent the outbreak and spread of specific livestock infectious diseases under the provisions of this Act, based on the guidelines for the prevention of specific livestock infectious diseases and the emergency guidelines for specific livestock infectious diseases. In this case, the prefectural governors may request the municipal mayors to cooperate in the implementation of those measures, when found necessary.
(4)Beyond what is provided for in the following paragraph, the Minister of Agriculture, Forestry and Fisheries are to provide necessary information, advice and other assistance to the prefectural governors and municipal mayors with regard to the implementation of the measures referred to in the preceding paragraph.
(5)If the specific livestock infectious diseases have spread or are likely to spread across two or more prefectures, the Minister of Agriculture, Forestry and Fisheries is to provide advice and other assistance to the prefectural governors for the implementation of the measures referred to in paragraph (3) based on a cross-regional level which extends beyond prefectural boundaries.
(6)The Minister of Agriculture, Forestry and Fisheries is to reexamine the guidelines for the prevention of specific infectious diseases of livestock at least every three years, based on the latest scientific findings and international trends, and make changes to them when found necessary.
(7)The Minister of Agriculture, Forestry and Fisheries, when intending to prepare, amend, or repeal the guidelines for the prevention of specific livestock infectious diseases, must first hear the opinions of the Council of Food, Agriculture and Rural Area Policies and seek the opinions of prefectural governors.
Chapter II Preventing the Outbreak of Livestock Infectious Diseases
(Obligation to Notify Concerning Infectious Diseases)
Article 4(1)On discovering that livestock has contracted or is suspected of having contracted an infectious disease that is one other than a livestock infectious diseases (limited to those prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; hereinafter referred to as "notifiable infectious diseases"), the veterinarian who diagnosed the relevant livestock or conducted examination on its carcass must notify the prefectural governor who has jurisdiction over the location of the relevant livestock or its carcass to that effect without delay, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The Minister of Agriculture, Forestry and Fisheries, when intending to enact, amend or repeal the Order of the Ministry of Agriculture, Forestry and Fisheries that specifies the infectious diseases referred to in the preceding paragraph, must first hear the opinion of the Minister of Health, Labour and Welfare from the perspective of public health, and must also hear the opinions of the Council of Food, Agriculture and Rural Area Policies.
(3)The provisions of paragraph (1) do not apply to cases in which it is discovered in the course of inspection under Article 40 or Article 45 that the livestock has contracted or is suspected of having contracted a notifiable infectious disease, or to other cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)Prefectural governors, on receiving notification under paragraph (1), must notify the mayors of municipalities who have jurisdiction over the location of the relevant livestock or their carcasses to that effect, and also report to the Minister of Agriculture, Forestry and Fisheries, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Obligation to Notify Concerning New Diseases)
Article 4-2(1)On discovering that livestock has contracted or is suspected of having contracted a disease whose pathological condition or outcome of treatment is clearly different from those of a previously known livestock infectious disease (hereinafter referred to as "new disease"), the veterinarian who diagnosed the relevant livestock or conducted examination on its carcass must notify the prefectural governor who has jurisdiction over the locality of the relevant livestock or its carcass to that effect without delay, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The provisions of the preceding paragraph do not apply to cases in which it is discovered in the course of inspection under Article 40 or Article 45 that the livestock has contracted or is suspected of having contracted a new disease, or to other cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)On receiving notification under paragraph (1), the prefectural governor is to order the owner of the relevant livestock or its carcass subject to the relevant notification to have them inspected by a prefectural livestock health inspector.
(4)If the inspection referred to in the preceding paragraph has revealed that the disease which the relevant livestock has contracted or is suspected of having contracted is a new one and is infectious to livestock, and the prefectural governor finds it necessary to do so in order to prevent the outbreak of that disease, the governor must report to the Minister of Agriculture, Forestry and Fisheries to that effect, and must also notify the municipal mayor who has jurisdiction over the location of the relevant livestock or its carcass to that effect, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(5)In cases referred to in the preceding paragraph, the prefectural governor is to order the owner of the relevant livestock or its carcass to have them inspected by a prefectural livestock health inspector, in order to ascertain the status of the outbreak of the infectious diseases in livestock as referred to in the relevant paragraph and to investigate the pathogens and cause of that disease.
(6)Orders under the preceding paragraph are issued in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, with the public notice made on the following particulars not later than three days before the date their implementation:
(i)the purpose of implementation;
(ii)the area subject to implementation;
(iii)the species and scope of livestock or their carcasses subject to implementation;
(iv)the date of implementation; and
(v)the method of inspection.
(7)The Minister of Agriculture, Forestry and Fisheries, on receiving a report under paragraph (4), must make efforts to conduct test and research, gather information, and carry out other action necessary to prevent the outbreak of the infectious disease in livestock as referred to in the relevant paragraph.
(Inspection to Ascertain the Status of Outbreaks of Monitored Infectious Diseases)
Article 5(1)Prefectural governors, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, may order the owners of livestock or their carcasses to have them inspected by prefectural livestock health inspectors to ascertain the status and trends of outbreaks (hereafter in this Article referred to as "status and trends of outbreaks") of the livestock infectious diseases or notifiable infectious diseases (hereinafter referred to collectively as "monitored infectious diseases"), when necessary for preventing or predicting their outbreaks.
(2)Orders under the preceding paragraph are issued in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries with the public notice made on the following particulars not later than 10 days before the date of their implementation; provided, however, that this period may be shortened to three days in the event of an emergency:
(i)the purpose of implementation;
(ii)the area subject to implementation;
(iii)the species and scope of livestock or their carcasses subject to implementation;
(iv)the date of implementation; and
(v)the method of inspection.
(3)If animals other than livestock are found to have contracted or are suspected of having contracted an infectious disease specified in the left column of the table set forth in Article 2, paragraph (1), and the prefectural governor finds that the relevant infectious disease is likely to be transmitted from those animals to livestock, the governor may have the prefectural officials perform inspections to ascertain the status of the outbreak of the relevant infectious disease, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)Prefectural governors must report the results of the inspection referred to in paragraph (1) and the preceding paragraph to the Minister of Agriculture, Forestry and Fisheries, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(5)The Minister of Agriculture, Forestry and Fisheries is to provide prefectural governors with information on the status and trends of outbreaks of monitored infectious diseases obtained from reports under Article 4, paragraph (4), the preceding paragraph, or Article 13, paragraph 4, or as the result of the determination under Article 13-2, paragraph (5) and is to give necessary instructions on preventing the outbreak of monitored infectious diseases.
(6)On receiving information or instruction under the preceding paragraph, prefectural governors are to provide the livestock owners or organizations comprised of them with necessary advice and guidance on preventing the outbreak of monitored infectious diseases.
(7)If a prefectural governor finds it to be particularly necessary to do so in order to suitably ensure the effects of measures taken by livestock owners or groups comprised of them to prevent the outbreak of monitored infectious diseases, the governor may make necessary requests to the Minister of Agriculture, Forestry and Fisheries or prefectural governors concerned on the measures that they are to take.
(Injection, Dipping or Medication)
Article 6(1)Prefectural governors may order livestock owners to have the relevant livestock undergo injection, dipping or medication by a prefectural livestock health inspector when necessary for preventing the outbreak of a specified disease (meaning those on which public notice has been issued as the object for inspection referred to in Article 4-2, paragraph (5); the same applies hereinafter) or a monitored infectious disease.
(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to orders under the preceding paragraph. In this case, the term "the method of inspection" in item (v) of that paragraph is deemed to be replaced with "which should be implemented, injection, dipping or medication; and its method".
(Indicating that Inspection, Injection, Dipping, or Medication Has Been Carried Out)
Article 7Prefectural governors may have prefectural livestock health inspectors mark the livestock or their carcasses that have undergone inspection under Article 4-2, paragraph (3) or (5) or Article 5, paragraph (1) or the livestock that have undergone injection, dipping, or medication under paragraph (1) of the preceding Article, by branding, tattooing or other means of signs to the effect that inspection, injection, dipping, or medication has been carried out, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Issuance of Certificates)
Article 8Prefectural governors, when requested by the owners of livestock or their carcasses that have undergone inspection under Article 4-2, paragraph (3) or (5) or Article 5, paragraph (1) or of livestock that have undergone injection, dipping, or medication under Article 6, paragraph (1), must issue a certificate stating that the inspection, injection, dipping or medication has been carried out, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Obligation to Install Disinfection Equipment in Biosecurity Areas)
Article 8-2(1)Owners of livestock specified by Cabinet Order must establish facilities for disinfection necessary for preventing the outbreak of specific diseases or monitored infectious diseases near the entrances and exits of biosecurity areas (meaning livestock barns, other facilities specified by Order of the Ministry of Agriculture, Forestry and Fisheries, and their premises (excluding premises specified by Order of the Ministry of Agriculture, Forestry and Fisheries); the same applies hereinafter), as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)A person who enters or leaves a biosecurity area where the facilities referred to in the preceding paragraph are installed must disinfect their bodies by using those facilities in advance, and also disinfect objects specified by Order of the Ministry of Agriculture, Forestry and Fisheries that the person brings into or takes out of that area, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)A person who parks a vehicle into or takes it out of a biosecurity area in which the facilities referred to in paragraph (1) are installed must disinfect that vehicle in advance by using those facilities, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Implementation of Disinfection Methods)
Article 9Prefectural governors may order livestock owners to implement methods of disinfection, methods of cleaning or methods of exterminating rodents, insects, etc. in a fived area, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, when necessary for preventing the outbreak of a specified disease or a monitored infectious disease.
(Disinfection of Areas Contaminated with Pathogens of Infectious Diseases)
Article 10(1)If animals other than livestock are found to be suffering from infectious diseases listed in the left column of the table set forth in Article 2, paragraph (1) (if the relevant animals are found to be infected with rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza, this case is limited to one in which there is a biosecurity area around the location of the relevant animals or their carcasses), and the prefectural governor finds that there is a high risk that the infectious disease listed in the left column of the relevant table will be transmitted from the animal to livestock, the governor may have the prefectural officials disinfect the location of the animal, the location of its carcass, or any other place or object contaminated or likely to be contaminated with the pathogen of the infectious disease, to the extent necessary for preventing the outbreak of the relevant livestock infectious diseases.
(2)A prefectural governor may require persons who pass near the place disinfected pursuant to the provisions of the preceding paragraph to have their bodies or vehicles passing near that place disinfected to the extent necessary to prevent the outbreak of livestock infectious diseases.
(3)If animals other than livestock are found to be infected with rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza (limited to cases in which there is a biosecurity area around the location of those animals or their carcasses) and it is urgently necessary to prevent the outbreak of livestock infectious diseases caused by the pathogens of those infectious diseases, the prefectural governor or municipal mayor may restrict or block the passage between the location of the animal or their carcasses (including any neighboring location that is contaminated or likely to be contaminated with pathogens of those infectious diseases) and other places for a specified period not exceeding 72 hours, in accordance with the procedures specified by Cabinet Order.
(Restriction on Rendering Plants)
Article 11At rendering plants, no bone, meat, hide and fur products that the Minister of Agriculture, Forestry and Fisheries finds necessary for preventing the outbreak of a specified disease or monitored infectious disease and designates, may be used as a raw material for manufacturing, unless the relevant manufacturing is carried out using facilities and methods that comply with standards prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Restrictions on Livestock Gathering Facilities)
Article 12(1)Promoters of horse races, livestock markets, livestock shows or any other events where livestock are gathered that are designated by the Minister of Agriculture, Forestry and Fisheries must provide livestock veterinary clinics, isolation stations, waste pits, and other facilities necessary for preventing the outbreak of a specified disease or monitored infectious disease, during their period, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)Promoters of events that are provided with livestock veterinary clinics pursuant to the provisions of the preceding paragraph must not keep livestock other than those that have been diagnosed in the relevant livestock veterinary clinic as not having contracted a specified disease or monitored infectious disease, in the same location and during the period of such events; provided, however, that this does not apply when livestock are kept in the isolation station referred to in the preceding paragraph.
(Obligation to File a Report and Notification)
Article 12-2Prefectural governors must report the status of implementation and the results of measures that they took to prevent the outbreak of specified diseases or monitored infectious diseases pursuant to the provisions of this Chapter to the Minister of Agriculture, Forestry and Fisheries, and must also notify prefectural governors concerned of them, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Biosecurity Standards)
Article 12-3(1)The Minister of Agriculture, Forestry and Fisheries must prescribe, in Order of the Ministry of Agriculture, Forestry and Fisheries, standards that the livestock owners are to observe in relation to biosecurity measures for the care of the livestock prescribed by Cabinet Order (those biosecurity measures include securing land that has been prepared for cases in which incineration or burial under Article 21, paragraph (1) becomes necessary, or taking other equivalent measures; the same applies hereinafter) (the above-mentioned standards are hereinafter referred to as "the biosecurity standards"), in accordance with the classification of the rearing scale for the relevant livestock.
(2)The biosecurity standards prescribes the following particulars:
(i)basic particulars concerning biosecurity measures for the care of the livestock;
(ii)particulars concerning methods for preventing the entry of pathogens of livestock infectious diseases into the biosecurity area;
(iii)particulars concerning methods for preventing the spread of contamination by pathogens of livestock infectious diseases in the biosecurity area;
(iv)particulars concerning methods for preventing the spread of pathogens of livestock infectious diseases outside the biosecurity area; and
(v)beyond what is listed in the preceding items, particulars necessary for biosecurity measures for the care of livestock.
(3)Owners of livestock for which biosecurity standards are prescribed must conduct the biosecurity for the care of the relevant livestock as prescribed by those biosecurity standards.
(4)The Minister of Agriculture, Forestry and Fisheries is to reexamine the biosecurity standards at least every five years and revise them when found necessary.
(5)The Minister of Agriculture, Forestry and Fisheries, when intending to establish, amend, or repeal the biosecurity standards, must hear the opinions of the Council of Food, Agriculture and Rural Area Policies and seek the opinions of the prefectural governors.
(Biosecurity Manager)
Article 12-3-2(1)An owner of livestock for which the biosecurity standards are established must appoint a biosecurity manager who performs the following services for each biosecurity area, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, in order to properly conduct biosecurity for the care of livestock; provided, however, that this does not apply to a biosecurity area where the owner of the relevant livestock becomes the biosecurity manager:
(i)manage persons who keep livestock in the biosecurity area and other persons who enter and leave the biosecurity area (hereinafter referred to as "persons engaged in the business" in this paragraph);
(ii)inform persons engaged in the business of the relevant biosecurity standards; and
(iii)provide persons engaged in the business with education and training necessary for proper biosecurity for the care of livestock.
(2)The owners of livestock referred to in the preceding paragraph must endeavor to have their biosecurity managers receive necessary training, and otherwise acquire and improve the knowledge and skills necessary for them to perform the duties listed in the items of that paragraph, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Biosecurity Instruction Guidelines)
Article 12-3-3(1)The Minister of Agriculture, Forestry and Fisheries must establish guidelines for the implementation of instruction and advice under Article 12-5, recommendations under Article 12-6, paragraph (1), orders under paragraph (2) of that Article, and other measures that prefectural governors take to improve biosecurity for the care of livestock for which the biosecurity standards are established (the above-mentioned instruction, advice, recommendations, orders, and other measures are hereinafter referred to as "instructions on biosecurity"; the guidelines in question are hereinafter referred to as the "biosecurity instruction guidelines").
(2)The biosecurity instruction guidelines prescribes the following particulars:
(i)basic directions concerning the implementation of instructions on biosecurity;
(ii)particulars for which instructions on biosecurity should be implemented intensively;
(iii)particulars concerning the implementation system for instructions on biosecurity; and
(iv)beyond what is provided for in the preceding three items, important particulars concerning the implementation of instructions on biosecurity.
(3)The Minister of Agriculture, Forestry and Fisheries is to reexamine the biosecurity instruction guidelines at least every three years based on the latest scientific findings and the situation and trends of outbreak of infectious diseases in livestock in Japan and foreign countries, and is to make changes to the biosecurity instruction guidelines when found necessary.
(4)When the Minister of Agriculture, Forestry and Fisheries intends to establish or change the biosecurity instruction guidelines, the Minister must hear the opinions of the Council for Food, Agriculture and Rural Area Policies.
(5)When the Minister of Agriculture, Forestry and Fisheries establishes or changes the biosecurity instruction guidelines, the Minister must make them public and notify the prefectural governor to that effect, without delay.
(Biosecurity Instruction Plan)
Article 12-3-4(1)A prefectural governor, in line with the biosecurity instruction guidelines, must establish a biosecurity instruction plan (meaning a plan for the implementation of instructions on biosecurity; the same applies hereinafter) every three years for the following three-year period.
(2)The biosecurity instruction plan provides for the following particulars:
(i)the basic directions concerning the implementation of instruction on biosecurity;
(ii)particulars related to the collection of information necessary for ascertaining the status of biosecurity for the care of livestock for which the biosecurity standards are established, and the status and trends of outbreaks of infectious diseases in livestock within the relevant prefecture;
(iii)particulars for which instructions on biosecurity should be implemented intensively;
(iv)particulars concerning measures to promote voluntary measures that owners of livestock for which the biosecurity standards are established or organizations comprised of them take in order to improve biosecurity for the care of their livestock;
(v)particulars concerning the implementation system for instructions on biosecurity; and
(vi)beyond what is provided for in the preceding items, particulars necessary for the implementation of instructions on biosecurity.
(3)The biosecurity instruction plan must be established in consideration of the status of the biosecurity within the relevant prefecture for the care of livestock for which the biosecurity standards are established, the status and trends of the outbreaks of infectious diseases in livestock, and other actual conditions of that prefecture.
(4)If the biosecurity instruction guidelines are changed, the prefectural governor is to review the biosecurity instruction plan and change it when found necessary. The same applies when the prefectural governor finds it necessary, based on the situation and trends of the outbreaks of infectious diseases in livestock or the implementation status of the biosecurity instruction plan within the prefecture.
(5)When a prefectural governor establishes or changes the biosecurity instruction plan, the governor must make it public and report it to the Minister of Agriculture, Forestry and Fisheries without delay as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Periodic Report)
Article 12-4(1)The owners of livestock for which the biosecurity standard are established must report particulars provided for by Order of the Ministry of Agriculture, Forestry and Fisheries to the prefectural governor with jurisdiction over the location of the livestock annually, with regard to the number of headcount of the livestock including fowl that they are caring, and the status of biosecurity for the care of the livestock, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)When the prefectural governor receives a report under the preceding paragraph, the governor must notify the municipal mayor having jurisdiction over the location of the relevant livestock of the particulars subject to the report without delay, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Instructions and Advice)
Article 12-5If it is necessary to do so in order to ensure that biosecurity for the care of livestock for which the biosecurity standards are established is properly conducted, a prefectural governor, in line with the biosecurity instruction plan, may provide the owner of the relevant livestock with necessary instruction and advice, by presenting documents describing particulars to be improved or by other means specified by Order of the Ministry of Agriculture, Forestry and Fisheries, so that biosecurity for the care of the relevant livestock is conducted pursuant to the provisions of the biosecurity standards in question.
(Recommendations)
Article 12-6(1)If a prefectural governor has provided the instruction or advice referred to in the preceding Article and finds that the livestock owner still does not comply with the biosecurity standards, the governor, in line with the biosecurity instruction plan, may recommend that the owner should improve the biosecurity measures for the care of livestock within a specified period, by presenting a document stating the particulars to be improved in line with the biosecurity instruction plan or by other means specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If a person who has received the recommendation under the preceding paragraph does not follow it, the prefectural governor, in line with the biosecurity instruction plan, may order that person to take measures subject to the recommendation within a specified period, by presenting documents describing particulars to be improved in accordance with the Biosecurity Instruction Plan or by other means specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)If the person who receives an order under the preceding paragraph fails to comply with the order without justifiable grounds, the prefectural governor may make a public announcement to that effect.
(Publication of the Status of Biosecurity for the Care of Livestock)
Article 12-7The Minister of Agriculture, Forestry and Fisheries must make public the status of biosecurity for the care of livestock for which the biosecurity standards are established, the status of implementation of the biosecurity instruction plan, and the status of securing prefectural livestock health inspectors, through the use of the Internet or other appropriate methods, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
Chapter III Preventing Spread of Livestock Infectious Diseases
(Obligation to Notify Concerning Affected Livestock)
Article 13(1)If livestock is discovered to have become affected or is suspected of being affected, the veterinarian who diagnosed the relevant livestock or conducted the examination on its carcass (or, for livestock or their carcasses that have not been diagnosed or undergone examination by a veterinarian, their owner) must notify the prefectural governor who has jurisdiction over the location of the relevant livestock or its carcass to that effect without delay, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that, if a carrier is transporting the relevant livestock by railway, tramway, automobile, ship, or aircraft, the carrier must submit the notification that the owner of the relevant livestock is to submit, except when that owner is able to submit it without delay.
(2)Notification under the preceding paragraph concerning livestock prescribed in the proviso to that paragraph, when there are obstacles that hinder transportation, may be made to the prefectural governor who has jurisdiction over the place of destination of the cargo in question.
(3)The provisions of paragraph (1) do not apply to cases in which it is discovered in the course of inspection under Article 40 or Article 45 that livestock is affected or suspected of being affected, and to other cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)Prefectural governors, on receiving notification under the provisions of paragraph (1), must make a public notice to that effect, notify the municipal mayor that has jurisdiction over the locality of the relevant livestock or its carcass, mayors of neighboring municipalities, and prefectural governors concerned to that effect, and report to the Minister of Agriculture, Forestry and Fisheries without delay, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Obligation to Make a Notification on Livestock Exhibiting Symptoms Designated by the Minister of Agriculture, Forestry and Fisheries)
Article 13-2(1)If livestock is found to be exhibiting symptoms designated by the Minister of Agriculture, Forestry and Fisheries for each type of livestock, the veterinarian who diagnosed the livestock or examined its carcass (or, for livestock or its carcass that is not diagnosed or examined by a veterinarian, the owner of the livestock) must notify the prefectural governor having jurisdiction over the location of the livestock or its carcass to that effect without delay in accordance with the procedures provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The provisions of the proviso to paragraphs (1) and (2) of the preceding Article apply mutatis mutandis to the notification under the preceding paragraph.
(3)The provisions of paragraph (1) do not apply to cases in which it is discovered that the livestock has become affected or suspected of being affected, or it is discovered in the course of the inspection under Article 40 or 45 that the livestock is exhibiting the symptoms referred to in the paragraph, or to other cases provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)If the notification under paragraph (1) is given, the prefectural governor must report to that effect to the Minister of Agriculture, Forestry and Fisheries without delay in accordance with the procedures provided for by Order of the Ministry of Agriculture, Forestry and Fisheries. In this case, if the livestock showing symptoms subject to the notification falls under the requirements provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, the prefectural governor must have the prefectural livestock health inspector collect a specimen designated by the Minister of Agriculture, Forestry and Fisheries, and must submit it to the Minister of Agriculture, Forestry and Fisheries at the time of that report.
(5)If the Minister of Agriculture, Forestry and Fisheries receives a report under the preceding paragraph, the Minister must determine whether or not the livestock subject to the report is affected livestock or livestock suspected of being affected, and notify the prefectural governor who made the report of the result without delay in accordance with the procedures provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(6)Except in the case of the second sentence of paragraph (4), the Minister of Agriculture, Forestry and Fisheries may request the prefectural governor who made the report under paragraph (4) to submit the specimens designated by the Minister of Agriculture, Forestry and Fisheries as referred to in that paragraph that the prefectural governor had the prefectural livestock health inspector collect, if it is necessary for the judgment under the preceding paragraph.
(7)If notice on the result of the judgment under paragraph (5) is given, the prefectural governor must notify the owner of livestock or its carcass subject to that notice (or a person who made the notification and the owner of the livestock or its carcass, in cases in which a person other than the owner of the livestock or its carcass made a notification under paragraph (1)) of the result without delay in accordance with the procedures provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(8)If the prefectural governor, pursuant to provisions of paragraph (5), is notified that the livestock is affected or is suspected of being affected, the governor must make that fact public and notify the municipal mayor having jurisdiction over the location of the relevant livestock or its carcass, the mayor of the neighboring municipality, and prefectural governor concerned to that effect without delay, in accordance with the procedures provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Obligation to Isolate)
Article 14(1)Owners of affected livestock or livestock suspected of being affected must isolate the relevant livestock without delay; provided, however, that this does not apply when that isolation is ceased in accordance with instructions given by a prefectural livestock health inspector pursuant to the provisions of the following paragraph.
(2)When prefectural livestock health inspectors find that it is no longer necessary to isolate livestock that have been isolated pursuant to the provisions of the preceding paragraph, the inspectors must instruct their owners that the isolation may be ceased, or in conjunction with the relevant instructions, instruct the relevant owners to take measures such as tethering or restricting movement beyond a fixed area, to the extent necessary for preventing the spread of a livestock infectious disease.
(3)Prefectural livestock health inspectors, if necessary for preventing the spread of a livestock infectious disease, may instruct the owners of livestock that are likely to become affected livestock (excluding livestock suspected of being affected) due to being kept together with affected livestock or livestock suspected of being affected, or for any other reason, that they must not move the relevant livestock outside a fixed area for a period not exceeding 21 days.
(Restriction or Blocking of Passage)
Article 15Prefectural governors or municipal mayors, if urgently necessary for preventing the spread of a livestock infectious disease, may restrict or block passage between locations of livestock affected or livestock suspected of being affected by rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza or low pathogenicity avian influenza (including any neighboring location that is contaminated or likely to be contaminated with pathogens of the relevant infectious disease) and other locations, for a specified period not exceeding 72 hours, in accordance with procedures prescribed by Cabinet Order.
(Obligation to Slaughter)
Article 16(1)The following livestock owners must immediately slaughter the relevant livestock in accordance with instructions given by a prefectural livestock health inspector; provided, however, that this does not apply in cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries:
(i)livestock affected by rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza;
(ii)livestock suspected of being affected by rinderpest, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza or low pathogenicity avian influenza.
(2)Owners of the livestock referred to in the preceding paragraph must not slaughter the relevant livestock until the instructions referred to in the relevant paragraph are given, excluding cases in the proviso to the relevant paragraph.
(3)Prefectural livestock health inspectors, if urgently necessary for preventing the spread of a livestock infectious disease, may slaughter the livestock referred to in the relevant paragraph themselves instead of giving the instructions in the relevant paragraph, excluding cases in the proviso to paragraph (1).
(Slaughter Disposition of Affected Livestock or Livestock Suspected of Being Affected)
Article 17(1)Prefectural governors, if necessary for preventing the spread of livestock infectious diseases, may order the following livestock owners to slaughter the relevant livestock, setting a time limit:
(i)animals affected by infectious encephalitis, rabies, vesicular stomatitis, Rift Valley fever, anthrax, hemorrhagic septicemia, Brucellosis, tuberculosis, Johne's disease, piroplasmosis, anaplasmosis, transmissible spongiform encephalopathy, glanders, equine infectious anemia, African horse sickness, peste des petits ruminants, swine vesicular disease, fowl cholera, Newcastle disease or avian salmonellosis;
(ii)animals suspected of being affected by contagious bovine pleuropneumonia, vesicular stomatitis, Rift Valley fever, hemorrhagic septicemia, transmissible spongiform encephalopathy, glanders, African horse sickness, peste des petits ruminants, swine vesicular disease, fowl cholera or Newcastle disease.
(2)If the order referred to in the preceding paragraph cannot be made because the owner of livestock or its whereabouts is unknown, but it is urgently necessary to do so, prefectural governors may have a prefectural livestock health inspector slaughter the relevant livestock.
(Slaughter Disposition of Livestock other than those Affected or Suspected of Being Affected)
Article 17-2(1)If foot-and-mouth disease or African swine fever spreads or is likely to spread in livestock (this includes the case in which animals other than livestock are found to be infected with the infectious disease and it poses a risk that the infectious disease will spread within the livestock due to transmission from those animals to the livestock), and it is difficult to prevent the spread of the disease solely by the measures taken pursuant to the provisions of this Chapter (excluding the part relating to the provisions of this Article), and in order to prevent the rapid and widespread spread of the disease, the Minister of Agriculture, Forestry and Fisheries finds it unavoidable to slaughter livestock which are not livestock affected or livestock suspected of being affected by the infectious disease (hereinafter referred to as "livestock affected or suspected of being affected" in this paragraph), the Minister may separately designate the area where livestock other than those affected or suspected of being affected need to be slaughtered as a designated area, and designate the livestock that need to be slaughtered in the relevant designated area (excluding livestock affected or suspected of being affected) as designated livestock.
(2)The designation of a designated area referred to in the preceding paragraph (hereinafter referred to as the "designated area" in this Article) and of designated livestock referred to in that paragraph (hereinafter referred to as "designated livestock") is to be limited to the minimum extent necessary to prevent the rapid and widespread spread of foot-and-mouth disease or African swine fever. In this case, the scope of designation of the designated area and designated livestock in the case in which an animal other than livestock is found to be infected with the infectious disease is to be determined in consideration of the habitat conditions of the animal in the vicinity of the location of the relevant animal or its carcass, the conditions of the spread of the pathogens of the infectious disease due to the spread of the infectious disease in the animal, the conditions of biosecurity for the care of livestock in the vicinity of these places, and other circumstances.
(3)If the Minister of Agriculture, Forestry and Fisheries intends to make a designation of a designated areas and designated livestock, the Minister must hear the opinions of the prefectural governor having jurisdiction over the relevant areas (or of the prefectural governor and the Council for Food, Agriculture and Rural Area Policy, if animals other than livestock are found to be infected with foot-and-mouth disease or African swine fever).
(4)If the Minister of Agriculture, Forestry and Fisheries makes a designation of a designated area and designated livestock, the Minister must issue a public notice to that effect.
(5)If a designation of a designated area and designated livestock is made, the prefectural governor having jurisdiction over the designated area is to order the owner of the designated livestock in the designated area to slaughter the designated livestock within a specified period.
(6)If the person who receives the order under the preceding paragraph does not comply with it, or if it is urgently necessary to do so in the case in which the order under the preceding paragraph cannot be given because the owner of the designated livestock or its whereabouts are unknown, the prefectural governor may have the prefectural livestock health inspector slaughter the relevant designated livestock.
(7)If the Minister of Agriculture, Forestry and Fisheries finds that the reasons for the designation of all or part of the designated area cease to exist, the Minister is to cancel the designation of all or part of it.
(8)The provisions of paragraphs (3) and (4) apply mutatis mutandis to the cancellation under the preceding paragraph.
(Notification of Slaughter)
Article 18Owners of affected livestock, livestock suspected of being affected, or designated livestock, when intending to slaughter the relevant livestock, must notify a prefectural livestock health inspector to that effect in advance, except cases in which they slaughter the livestock pursuant to the provisions of the preceding three Articles and other cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Instruction Concerning Slaughter)
Article 19Prefectural livestock health inspectors, if necessary for preventing the spread of a livestock infectious disease, may instruct the location or method of slaughter for livestock subject to the order referred to Article 17 or the notification referred to in the preceding Article.
(Disposition for Pathological Appraisal)
Article 20(1)Prefectural governors may have prefectural livestock health inspectors conduct autopsies on the carcasses of livestock or slaughter livestock suspected of being affected to conduct autopsies if necessary for pathological appraisal.
(2)Prefectural livestock health inspectors may instruct the owners of livestock suspected of being affected that they must not slaughter the relevant livestock, for a specified period not exceeding seven days, if necessary for pathological appraisal.
(Obligation to Incinerate Carcasses)
Article 21(1)Owners of carcasses of the following livestock affected or suspected of being affected must incinerate or bury the relevant carcasses without delay, in accordance with instructions given by a prefectural livestock health inspector based on standards prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply to cases in which the permission of the prefectural governor to utilize the relevant carcasses for pathological appraisal or for scientific research has been obtained, or to other cases prescribed by Cabinet Order:
(i)carcasses of livestock affected or suspected of being affected by rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, rabies, vesicular stomatitis, Rift Valley fever, anthrax, hemorrhagic septicemia, transmissible spongiform encephalopathy, glanders, African horse sickness, peste des petits ruminants, classical swine fever, African swine fever, swine vesicular disease, fowl cholera, high pathogenicity avian influenza, low pathogenicity avian influenza or Newcastle disease;
(ii)carcasses of livestock affected or suspected of being affected by infectious encephalitis, Brucellosis, tuberculosis, Johne's disease, equine infectious anemia or avian salmonellosis (excluding those slaughtered in slaughterhouses);
(iii)carcasses of designated livestock.
(2)Carcasses referred to in the preceding paragraph may not be incinerated or buried until the instructions referred to in the relevant paragraph are given, except in cases in the proviso to the relevant paragraph.
(3)Carcasses that must be incinerated or buried pursuant to the provisions of paragraph (1) must not be moved to another location, damaged or dismembered without the permission of a prefectural livestock health inspector.
(4)Prefectural livestock health inspectors, if urgently necessary for preventing the spread of a livestock infectious disease, may incinerate or bury the carcasses of livestock referred to in the relevant paragraph themselves instead of giving the instructions referred to in the relevant paragraph, excluding cases in the proviso to paragraph (1).
(5)For the provisions of the preceding paragraphs to be applied to the owners of carcasses of livestock affected or suspected of being affected by transmissible spongiform encephalopathy, the phrase "incinerate or bury" in those provisions is deemed to be replaced with "incinerate", and the term "incinerated or buried" in those paragraphs is deemed to be replaced with "incinerated".
(6)In order to ensure that incineration or land burial under paragraph (1) is carried out accurately and promptly, the prefectural governor must endeavor to provide information, advice, or instruction concerning the securing of land or other measures in case it is necessary to carry out the incineration or land burial within the prefecture; prepare land for complementary provision; or take other necessary measures.
(7)The prefectural governor may request the cooperation of the Minister of Agriculture, Forestry and Fisheries and the municipal mayor if the prefectural governor finds it necessary to take the necessary measures referred to in the preceding paragraph.
(Special Exceptions to the Rendering Plant Control Act)
Article 22The provisions of Article 2, paragraph (2) (Prohibition of Processing Outside Dead Livestock Handling Plants) of the Rendering Plant Control Act (Act No. 140 of 1948) do not apply when carcasses of livestock are dismembered for autopsy pursuant to the provisions of Article 20, paragraph (1), when carcasses of livestock are incinerated or buried pursuant to the provisions of paragraph (1) or (4) of the preceding Article, or when carcasses of livestock are dismembered after the permission under paragraph (3) of the relevant Article.
(Obligation to Incinerate Contaminated Objects)
Article 23(1)Owners of objects that are contaminated or are likely to be contaminated with pathogens of a livestock infectious disease (or the owner or carrier of the objects, if they are being transported by railway, tramway, automobile, ship, or aircraft; the same applies hereinafter in this Article) must incinerate, bury, or disinfect the relevant objects without delay, in accordance with instructions given by a prefectural livestock health inspector based on standards prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not preclude the owner from incinerating, burying, or disinfecting, without awaiting the relevant instructions, objects that are contaminated or are likely to be contaminated with pathogens of avian salmonellosis, or other objects prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)Owners of objects referred to in the preceding paragraph (excluding objects referred to in the proviso to that paragraph) must not incinerate, bury, or disinfect the relevant objects until the instructions referred to in the relevant paragraph are given; and must not transfer the relevant objects to another location, or use or clean them without the permission of a prefectural livestock health inspector.
(3)Prefectural livestock health inspectors may incinerate, bury, or disinfect the objects referred to in paragraph (1) themselves instead of giving the instructions referred to in the relevant paragraph (excluding objects referred to in the proviso to the relevant paragraph), if necessary for preventing the spread of a livestock infectious disease.
(4)For the provisions of the main clause of paragraph (1) and of the preceding two paragraphs to be applied to the owners of objects that are contaminated or likely to be contaminated with pathogens of transmissible spongiform encephalopathy, the phrase "incinerate, bury, or disinfect" in the relevant provisions is deemed to be replaced with "incinerate".
(Ban on Excavation)
Article 24Land in which carcasses of livestock or objects that are contaminated or are likely to be contaminated with pathogens of a livestock infectious disease have been buried pursuant to the provisions of Article 21, paragraph (1) or (4), or pursuant to the provisions of paragraph (1) or (3) of the preceding Article must not be excavated within the period prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply if the permission of the prefectural governor has been obtained.
(Obligation to Disinfect livestock barns)
Article 25(1)Livestock barns requiring disinfection (meaning livestock barns, vessels, vehicles, and other equivalent facilities and their premises (excluding premises provided for by Order of the Ministry of Agriculture, Forestry and Fisheries) where the affected livestock, livestock suspected of being affected, or their carcasses were located; the same applies hereinafter) must be disinfected by the owner in accordance with the instructions given by the prefectural livestock health inspector based on the standards provided for by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not preclude the owner from disinfecting livestock barns requiring disinfection that are related to avian salmonellosis or that are otherwise provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, without waiting for instructions.
(2)Owners of livestock barns requiring disinfection (excluding cases designated in the proviso to the preceding paragraph) must not disinfect those livestock barns until instructions are given by a prefectural livestock health inspector.
(3)Prefectural livestock health inspectors may disinfect necessary livestock barns requiring disinfection (excluding those provided for in the proviso to the preceding paragraph (1)) themselves, instead of giving instructions referred to in that paragraph, if necessary for preventing the spread of livestock infectious diseases.
(4)The owner of the livestock barns requiring disinfection must install equipment for disinfection necessary to prevent the spread of livestock infectious diseases near the entrance and exit of those livestock barns until the completion of disinfection under paragraph (1), as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(5)If the prefectural livestock health inspector disinfects the livestock barns requiring disinfection themselves pursuant to the provisions of paragraph (3), the inspector must set up the equipment referred to in the preceding paragraph themselves until the relevant disinfection is completed, in accordance with Order of the Ministry of Agriculture, Forestry and Fisheries as referred to in the preceding paragraph.
(6)A person who parks a vehicle into or get it out of the livestock barns requiring disinfection in which the equipment referred to in paragraph (4) is installed must disinfect the vehicle in advance by using the equipment as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Disinfection of Places other than around the Biosecurity Area Contaminated with Pathogens of Infectious Diseases)
Article 25-2(1)If it is necessary to prevent the spread of pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza due to the spread of those infectious diseases in animals other than livestock (except in the case in which there is a biosecurity area around the place where the relevant animal is found to be suffering from the infectious disease or its carcass is found), a prefectural governor may have the prefectural officials disinfect the place where the animal is found to be infected with the infectious disease or its carcass is found, or any other place or object contaminated or likely to be contaminated with pathogens of the infectious disease, to the extent necessary to prevent the spread of pathogens of the infectious disease through the spread of the infectious disease in animals.
(2)A prefectural governor may require a person who passes near the area disinfected pursuant to the provisions of the preceding paragraph to have their body or a vehicle that passes near the area disinfected, to the extent necessary to prevent the spread of pathogens of the infectious diseases referred to in the paragraph due to the spread of the relevant infectious diseases in animals other than livestock.
(3)If the prefectural governor or the municipal mayor finds it urgently necessary to do so in order to prevent the spread of the pathogen of the infectious disease referred to in paragraph (1) due to the spread of the relevant infectious disease in animals other than livestock (except in the case in which there is a biosecurity area around the place where the animal is found to be suffering from the relevant infectious disease or where its carcass is found), they may restrict or block passage between the place where the animal is found to be suffering from the infectious disease or its carcass is found (including any neighboring location that is contaminated or likely to be contaminated with the pathogens of the infectious diseases) and other places for a specified reasonable period of time, to the extent necessary to prevent the spread of the pathogen of the infectious disease due to the spread of the infectious disease in the animals, in accordance with the procedures specified by Cabinet Order.
(Disinfection of Warehouses)
Article 26(1)If it is necessary for preventing the spread of livestock infectious diseases (including the spread of pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza due to the spread of those infectious diseases in animals other than livestock; the same applies hereinafter in this Chapter), the prefectural governor may order the owner of a warehouse requiring disinfection (this means warehouses, ships, vehicles, and other equivalent facilities and their premises (excluding premises provided for by Order of the Ministry of Agriculture, Forestry and Fisheries) where objects that are contaminated or are likely to be contaminated with pathogens of livestock infectious diseases are located, and excludes livestock barns requiring disinfection; the same applies hereinafter) to disinfect the warehouse requiring disinfection by a specified time limit.
(2)Prefectural livestock health inspectors, if necessary for preventing the spread of a livestock infectious disease, may instruct the method of disinfection for warehouses requiring disinfection that is subject to the order under the preceding paragraph.
(3)If the order under paragraph (1) cannot be given because the owner of the warehouse requiring disinfection or their whereabouts are unknown and there is an urgent need, the prefectural governor may have a prefectural livestock health inspector disinfect the relevant warehouse requiring disinfection.
(4)The owner of a warehouse requiring disinfection must install equipment for disinfection necessary for preventing the spread of livestock infectious diseases near the entrance and exit of that warehouse as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, until the disinfection to be performed in accordance with the order under the provisions of paragraph (1) is completed.
(5)If the prefectural governor has prefectural livestock health inspectors disinfect warehouses requiring disinfection pursuant to the provisions of paragraph (3), the governor must have them set up the equipment referred to in the paragraph in accordance with Order of the Ministry of Agriculture, Forestry and Fisheries as referred to in the preceding paragraph, until the relevant disinfection is completed.
(6)A person who parks a vehicle into or leaves a vehicle from warehouses requiring disinfection in which the equipment referred to in paragraph (4) is installed must disinfect the vehicle in advance by using the equipment as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Special Exceptions During Ocean Navigation)
Article 27Notwithstanding the provisions of Article 21, Article 23, or Article 25, if affected livestock or livestock suspected of being affected dies, or objects, livestock barns, or other equivalent facilities are contaminated or are likely to be contaminated with pathogens of a livestock infectious disease on a ship during ocean navigation, the owner of the relevant livestock, objects or facilities, or the captain of the relevant ship (or if there is a person who performs duties on behalf of the captain, that person) must carry out disinfection or take other necessary measures as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Obligation for Persons Exposed to Pathogens to Disinfect themselves)
Article 28(1)Persons who have been exposed or are likely to have been exposed to pathogens of a livestock infectious disease must disinfect themselves without delay.
(2)A person who enters or leaves a livestock barn requiring disinfection in which the facilities under Article 25, paragraph (4) are installed, or a warehouse requiring disinfection in which the facilities under Article 26, paragraph (4) are installed, must use these facilities to carry out disinfection under the preceding paragraph in advance as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Obligation to Disinfect Persons Passing through the Place Where Disinfection Equipment is Installed)
Article 28-2(1)Persons who pass through places where prefectural governors have installed facilities for disinfection specified by Order of the Ministry of Agriculture, Forestry and Fisheries that are necessary for the prevention of the spread of livestock infectious diseases must disinfect their bodies and vehicles passing through those places disinfected by using those facilities as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The facilities referred to in the preceding paragraph are to be installed if the prefectural governor finds it particularly necessary to do so in order to prevent the rapid and widespread spread of livestock infectious diseases (including the spread of pathogens of rinderpest contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza, or low pathogenicity avian influenza due to the rapid and widespread spread of those infectious debases in animals other than livestock).
(3)A prefectural governor must place an indication provided for by Order of the Ministry of Agriculture, Forestry and Fisheries in a place easily visible to the public for each place where the equipment referred to in paragraph (1) is installed.
(Indication of Affected Livestock)
Article 29Prefectural livestock health inspectors may mark affected livestock, livestock suspected of being affected, and designated livestock by branding, tattooing or other means of signs, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Implementation of Disinfection Methods)
Article 30Prefectural governors may order livestock owners to implement methods of disinfection, methods of cleaning or methods of exterminating rodents, insects, etc. in a fixed area, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, if necessary for preventing the spread of a livestock infectious disease.
(Inspection, Injection, Dipping or Medication)
Article 31(1)Prefectural governors, if necessary for preventing the spread of a livestock infectious disease, may have prefectural livestock health inspectors carry out inspection, injection, dipping or medication of livestock, in accordance with a method prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If it is necessary to prevent the spread of pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza or low pathogenicity avian influenza due to the spread of those infectious diseases in animals other than livestock, the prefectural governor may have the prefectural officials inspect, inject, dip, or medicate those animals in accordance with a method specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)The provisions of Article 7 and Article 8 apply mutatis mutandis to the inspection, injection, dipping, or medication referred to in paragraph (1).
(Restriction on Movement of Livestock)
Article 32(1)Prefectural governors, if necessary for preventing the spread of a livestock infectious disease, may enact by-laws to prohibit or restrict certain species of livestock, their carcasses, or objects that are likely to spread the pathogens of a livestock infectious disease from being moved within, into, or out of the relevant prefecture.
(2)The Minister of Agriculture, Forestry and Fisheries, if necessary for preventing the spread of a livestock infectious disease, may designate an area and prohibit or restrict certain species of livestock, their carcasses, or objects that are likely to spread pathogens of a livestock infectious disease from the relevant area, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Restriction on Events at Livestock Gathering Facilities)
Article 33Prefectural governors, if necessary for preventing the spread of a livestock infectious disease, may enact by-laws to suspend or restrict the holding of horse races, livestock markets, livestock shows, or other events where livestock are gathered, or the operations of slaughterhouses or rendering plants.
(Restriction on Pasture)
Article 34Prefectural governors, if necessary for preventing the spread of a livestock infectious disease, may enact by-laws to suspend or restrict certain species of livestock from being grazed or inseminated, or from being slaughtered in locations other than slaughterhouses; or their eggs from being hatched.
(Recommendations)
Article 34-2(1)If it is necessary to do so in order to prevent the spread of livestock infectious diseases, and a prefectural governor finds that the owner of livestock for which biosecurity standards are established does not comply with those standards (limited to the standards related to the particulars listed in Article 12-3, paragraph (2), items (iii) and (iv)), the prefectural governor may recommend that the owner improve the methods provided for in item (iii) or (iv) of the relevant paragraph within a specified period, by presenting a document stating the particulars that the owner is to improve or by other means provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If a person who has received a recommendation under the preceding paragraph does not comply with it, the prefectural governor may order the person to take measures subject to the recommendation within a specified period, by presenting a document stating particulars that the person is to improve or other methods provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)If a person who has received an order under the preceding paragraph fails to comply with the order without justifiable grounds, the prefectural governor may make a public announcement to that effect.
(Submission of Materials)
Article 34-3If it is necessary to do so in order to prevent the spread of livestock infectious diseases, the Minister of Agriculture, Forestry and Fisheries may request prefectural governors to submit materials connected with reports under Article 12-4, paragraph (1).
(Obligation to File a Report and Notification)
Article 35Prefectural governors must report the status of implementation and the results of measures that they have taken to prevent the outbreak of livestock infectious diseases pursuant to the provisions of this Chapter to the Minister of Agriculture, Forestry and Fisheries, and must also notify prefectural governors concerned of this, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Determining the Cause of Outbreak)
Article 35-2In the case of an outbreak of a livestock infectious disease set forth in Article 16, paragraph (1), item (i), the Minister of Agriculture, Forestry and Fisheries is to promptly endeavor to determine the cause of that outbreak.
Chapter IV Export and Import Quarantine
(Prohibition of Import)
Article 36(1)It is prohibited for any person to import the following things; provided, however, that this does not apply if they are provided for use in experimental research or there are other special circumstances, and the permission of the Minister of Agriculture, Forestry and Fisheries is obtained:
(i)things referred to in the items of Article 37, paragraph (1) that are shipped from or via regions prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries and are designated by the Minister of Agriculture, Forestry and Fisheries;
(ii)pathogens of infectious diseases in livestock listed in (a) or (b) below:
(a)pathogens of monitored infectious diseases;
(b)pathogens of infectious diseases in livestock other than those previously known.
(2)Imports made with the permission referred to in the proviso to the preceding paragraph must be accompanied by a written document certifying that the permission referred to in the relevant paragraph has been obtained.
(3)The method of import, method of management after import, and other necessary conditions may be attached to the permission referred to in the proviso to paragraph (1).
(Notification Concerning the Import of Pathogens)
Article 36-2(1)Persons intending to import previously known pathogens of infectious diseases in livestock that are other than those of a monitored infectious disease must file a notification to the Minister of Agriculture, Forestry and Fisheries, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The Minister of Agriculture, Forestry and Fisheries is to make a public notice of the pathogens of infectious diseases in livestock for which notification is to be made pursuant to the provisions of the preceding paragraph.
(3)The provisions of paragraph (1) do not apply if pathogens of diseases designated pursuant to the provisions of Article 62, paragraph (1) are imported with the permission referred to in the proviso to paragraph (1) of the preceding Article, in accordance with the provisions of paragraph (1) of the preceding Article as applied mutatis mutandis pursuant to Article 62, paragraph (1).
(Attachment of Inspection Certificate for Imports)
Article 37(1)The following things designated by the Minister of Agriculture, Forestry and Fisheries (hereinafter referred to as "designated quarantine items") must not be imported unless they are accompanied by a certificate of quarantine inspection by the exporting country's governmental organization or its copy stating that it has confirmed or believed, as a result of its quarantine inspection, that they are not likely to spread pathogens of a monitored infectious disease:
(i)animals, their carcasses or bone, meat, egg, skin, hide, and fur products, and their containers and packaging;
(ii)straw from grain (excluding those prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries as being supplied for uses other than feed) and forage for feed;
(iii)bedding material or other equivalent things that are likely to spread pathogens of a monitored infectious disease, excluding the things listed in the preceding two items.
(2)The provisions of the preceding paragraph do not apply in the following cases:
(i)importing from a country that has no government authority for quarantine inspection of animals, or in other cases designated by the Minister of Agriculture, Forestry and Fisheries;
(ii)in connection with designated quarantine items imported from a country prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, particulars to be stated on the certificate of inspection or its copy referred to in the preceding paragraph have been transmitted from the relevant country's governmental organization via telecommunication lines to a computer (including input-output devices) used by the Animal Quarantine Service, and have been recorded in a file on the relevant computer.
(Restriction on Place of Import)
Article 38Designated quarantine items must not be imported at locations other than ports or airports designated by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply to things that have been inspected pursuant to the provisions of Article 41 and for which a certificate of import quarantine has been issued pursuant to the provisions of Article 44, or to things imported as postal items.
(Notification Concerning the Import of Animals)
Article 38-2(1)Persons intending to import animals designated by the Minister of Agriculture, Forestry and Fisheries that fall under the category of designated quarantine items must notify the Animal Quarantine Service of the species and numbers of the relevant animals, the time and place of import, and other particulars specified by Order of the Ministry of Agriculture, Forestry and Fisheries, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply to cases in which they are imported as accompanied items or postal items and to other cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If notification has been made pursuant to the provisions of the preceding paragraph and the Director General of the Animal Quarantine Service finds it particularly necessary to do so for smoothly implementing inspection under Article 40, paragraph (1) or Article 41, the General may instruct the person who made the relevant notification to change the time or location of the import subject to the relevant notification.
(Quarantine Signal)
Article 39(1)Ships entering a port from other countries and laden with designated quarantine items (excluding those transported as postal items) must hoist a quarantine signal without delay after their entry into port, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The signal referred to in the preceding paragraph must not be lowered until the inspection under Article 41 on designated quarantine items referred to in that paragraph or the unloading of the relevant designated quarantine items has been completed, or until the ship leaves port.
(Import Quarantine Inspection)
Article 40(1)Persons who have imported designated quarantine items must notify the Animal Quarantine Service to that effect without delay, and have them inspected by a livestock quarantine officer in their intact state, to determine whether or not they violate the provisions of Article 36 or Article 37 and whether or not they are likely to spread pathogens of a monitored infectious disease; provided, however, that this does not apply to things that have already been inspected pursuant to the provisions of the following Article and for which a certificate of import quarantine under Article 44 has been issued, or to things imported as postal items.
(2)If things other than designated quarantine items are contaminated or are likely to be contaminated with pathogens of a monitored infectious disease, livestock quarantine officers may inspect the relevant things (hereinafter referred to as "items requiring inspection") without delay after import.
(3)Inspection under paragraph (1) is carried out on the premises of the Animal Quarantine Service or at a location designated by a livestock quarantine officer within a port or airport designated pursuant to the provisions of Article 38; provided, however, that, if there are special circumstances, inspection may be carried out at other locations designated by the Minister of Agriculture, Forestry and Fisheries.
(4)Livestock quarantine officers, if necessary for preventing the spread of pathogens of a monitored infectious disease, may instruct the route and other methods for referring designated quarantine items to the location referred to in the preceding paragraph to persons who undergo the inspection referred to in paragraph (1).
(5)The livestock quarantine officer may ask necessary questions to a person who comes on board a vessel or aircraft that enters a port from abroad (referred to as an "entrant" in Article 46-2, paragraph (1)) to determine whether or not any of their accompanied items (excluding things inspected under paragraph (1) or (2) or the following Article; the same applies in Article 46-2, paragraph (1)) contain designated quarantine items or items requiring inspection, and may inspect those accompanied items to the extent necessary.
Article 41Livestock quarantine officers may inspect designated quarantine items or items requiring inspection that are to be imported, on board a ship or aircraft in advance of the relevant import.
(Import as Postal Items)
Article 42(1)Designated quarantine items must not be imported as a postal item other than small packages and parcels, or as correspondence mail prescribed in Article 2 paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) (referred to as "correspondence mail" in the following paragraph).
(2)Persons who have received postal items or correspondence mail containing designated quarantine items imported in violation of the provisions of the preceding paragraph must file a notification to that effect to the Livestock Quarantine Service with the items in question attached to it, and must have that thing inspected by a livestock quarantine officer, without delay.
Article 43(1)If Japan Post Co., Ltd. receives a small package or parcel that contains or is suspected of containing a designated quarantine item at offices that handle custom clearance procedures, it must notify the Animal Quarantine Service to that effect without delay.
(2)If livestock quarantine officers receive the notification referred to in the preceding paragraph, they are to inspect the small packages or parcel referred to in the relevant paragraph.
(3)If it is necessary to do so in order to conduct the inspection referred to in the preceding paragraph, livestock quarantine officers may request the addressee of the relevant postal item to disclose its contents.
(4)If the addressee refuses the disclosure of contents referred to in the preceding paragraph or it is impossible to request the addressee to disclose them, livestock quarantine officers may open the relevant postal item in the presence of an employee of Japan Post Co., Ltd.
(5)Persons who receive small packages or parcels that have not undergone the inspection referred to in paragraph (2) and contain designated quarantine items must notify file a notification to that effect to the Animal Quarantine Service with the items in question attached to it, and must have that item inspected by an livestock quarantine officer, without delay.
(Issuance of Certificates of Import Quarantine)
Article 44(1)If it is found as a result of inspection under Article 40 through the preceding Article that a designated quarantine item is not likely to spread pathogens of a monitored infectious disease, livestock quarantine officers may issue a certificate of import quarantine and mark the relevant designated quarantine item by branding, tattooing or other means of a sign, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)Livestock quarantine officers are to issue a certificate of import quarantine for an item requiring inspection that was required under Article 40, paragraph (2) or Article 41, when requested to do so.
(3)Notwithstanding the provisions of the preceding two paragraphs, if livestock quarantine officers takes measures under Article 46, paragraph (3), they may decline to issue a certificate of import quarantine.
(Export Quarantine Inspection)
Article 45(1)Persons intending to export the following things must have them inspected by a livestock quarantine officer in advance, and must also obtain a certificate of export quarantine pursuant to the provisions of paragraph (3):
(i)animals or other things for which the government of the importing country requires, upon the import, a certificate of inspection issued by the exporting country on whether or not they are likely to spread pathogens of a livestock infectious disease;
(ii)things listed in the items of Article 37, paragraph (1) that the Minister of Agriculture, Forestry and Fisheries finds necessary for international animal quarantine and designates.
(2)The provisions of Article 40, paragraph (3) apply mutatis mutandis to the inspection referred to in the preceding paragraph.
(3)If it is found as a result of inspection under paragraph (1) that a thing is not likely to spread pathogens of a livestock infectious disease, livestock quarantine officers must issue a certificate of export quarantine as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)Livestock quarantine officers, if necessary for international animal quarantine, may re-inspect a thing for which a certificate of export quarantine has been issued pursuant to the provisions of the preceding paragraph.
(5)The livestock quarantine officer may ask necessary questions to a person leaving Japan (referred to as "departing party from Japan" in Article 46-2, paragraph (2)) to determine whether or not any of their accompanied items (excluding things inspected under paragraph (1) or the preceding paragraph. The same applies in Article 46-2, paragraph (2)) contain things listed in the items of paragraph (1), and may inspect those accompanied items to the extent necessary.
(Measures Based on Quarantine Inspection)
Article 46(1)For the provisions of Article 6, paragraph (1), Article 7, Article 8, Articles 14 through 17, Articles 18 through 21, Articles 23 through 25, Article 26, Article 29, Article 31, paragraph (1), and Article 7 and Article 8 as applied mutatis mutandis pursuant to Article 31, paragraph (3) to be applied to cases in which items subject to inspection under Article 40, paragraph (1) or (2), Article 41, Article 42, paragraph (2), Article 43, paragraph (2) or (5), or paragraphs (1) or (4) of the preceding Article are found to be contaminated, likely to be contaminated, or likely to become contaminated by pathogens of livestock infectious disease in the course of the relevant inspection, the term "prefectural governors" (or the term "prefectural governors or municipal mayors" in the case of Article 15) in the relevant provisions is deemed to be replaced with "the Director General of the Animal Quarantine Service", and the term "prefectural livestock health inspector" in those provisions is deemed to be replaced with "livestock quarantine officer".
(2)The Minister of Agriculture, Forestry and Fisheries, when an animal or other thing is found to be contaminated or to be likely to be contaminated with pathogens of a notifiable infectious disease in the course of inspection referred to in the preceding paragraph, may order its owner to isolate or disinfect the relevant animal or thing, or have a livestock quarantine officer isolate, inject, dip, medicate, or disinfect that animal or thing, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)The Minister of Agriculture, Forestry and Fisheries, when an animal subject to inspection referred to in paragraph (1) is found to have contracted or to be suspected to have contracted a new disease in the course of the relevant inspection, may order its owner to isolate or disinfect the relevant animal or its bedding material or other equivalent things, or have a livestock quarantine officer isolate, inject, dip, medicate, or disinfect the relevant animal, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply when the relevant new disease is found to not be an infectious disease in livestock.
(4)If the livestock quarantine officer finds, as a result of the inspection referred to in paragraph (1), that there is a fact that the import or export of the objects subject to the relevant inspection is in violation of the provisions of Article 36, Article 37, paragraph (1), Article 38, Article 40, paragraph (1), Article 42, paragraph (1), or paragraph (1) of preceding Article, the officer may dispose the objects in accordance with the standards provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Questions for Entrants and Departing Parties from Japan)
Article 46-2(1)The livestock quarantine officer may ask necessary questions to the entrants to determine whether or not their accompanied items contain objects requiring disinfection (meaning objects that are used in an area where a monitored infectious disease is actually occurring and which the livestock quarantine officer finds necessary to be disinfected; the same applies in the following paragraph and the following Article), and may inspect those accompanied items to the extent necessary.
(2)The prefectural livestock health inspector may ask necessary questions to the departing parties from Japan to determine whether or not their accompanied items contain objects requiring disinfection, and may inspect those accompanied items to the extent necessary.
(Disinfection of Accompanied Items of Entrants and Departing Parties from Japan)
Article 46-3If, as a result of an inspection under paragraph (1) or (2) of the preceding Article, any of the accompanied items subject to the inspection is found to contain objects requiring disinfection, the prefectural livestock health inspector may disinfect those objects to the extent necessary.
(Request for Cooperation)
Article 46-4(1)The Director General of the Animal Quarantine Service, if it is found necessary to facilitate the affairs under this Chapter, may request the owner or chief of a vessel or aircraft (or if there is a person who performs the duties in place of the chief, that person), or the administrator of a port or an airport (referred to as the "owner, chief, or administrator" in the following paragraph) to distribute documents concerning the questions referred to in Article 46-2, paragraph (1) or (2), provide information on quarantine procedures, or provide other necessary cooperation.
(2)The owner, chief, or administrator must endeavor to respond to the request made by the Director General of the Animal Quarantine Service pursuant to the provision of the preceding paragraph.
Chapter V Measures Regarding the Possession of Pathogens
(Permission to Possess Pathogens of Livestock Infectious Diseases)
Article 46-5(1)A person who intends to possess pathogens of livestock infectious diseases (referred to pathogens of livestock infectious diseases specified by Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter) must obtain the permission of the Minister of Agriculture, Forestry and Fisheries as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply in the following cases:
(i)a person obliged to sterilize or transfer as set forth in Article 46-11, paragraph (2) intends to possess the pathogens of livestock infectious diseases until the transfer or sterilization set forth in the relevant paragraph are made, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries;
(ii)a person who obtains the permission set forth in the main clause of this paragraph (hereinafter referred to as "permission holder") or a person who is entrusted with transportation by a person prescribed in the preceding item intends to possess the pathogens of livestock infectious diseases subject to the entrustment for the purpose of the relevant transportation; and
(iii)a permission holder or an employee of a person prescribed in the preceding two items intends to possess pathogens of livestock infectious diseases in the course of their duties.
(2)A person who intends to obtain the permission under the main clause of the preceding paragraph must submit a written application stating the following particulars to the Minister of Agriculture, Forestry and Fisheries as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries:
(i)the name and address, and in the case of a corporation, the name of its representative;
(ii)the types of pathogens of livestock infectious diseases;
(iii)the purpose and method of possession; and
(iv)the location, structure, and equipment of facilities for storage, use, and sterilization or detoxification of pathogens of livestock infectious diseases (hereinafter referred to as the "handling facility").
(Criteria for Permission)
Article 46-6(1)The Minister of Agriculture, Forestry and Fisheries must not grant the permission referred to in the main clause of paragraph (1) of the preceding Article unless they find that the application for permission referred to in the main clause of that paragraph conforms to all of the following items:
(i)the purpose of possession is inspection, treatment, manufacture of drugs or other products provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, or experimental research; and
(ii)the location, structure, and equipment of the handling facility conform to the technical standards provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, and there is no risk of the occurrence or spread of livestock infectious diseases caused by the pathogens of livestock infectious diseases subject to the application.
(2)Notwithstanding the provisions of the preceding paragraph, permission under the main clause of paragraph (1) of the preceding Article is not granted to a person who falls under one of the following items:
(i)a person specified by Order of the Ministry of Agriculture, Forestry and Fisheries as a person who is unable to properly possess pathogens of livestock infectious diseases due to a mental or physical disorder;
(ii)a person subject to an order commencing bankruptcy proceedings that has not been released from bankruptcy restrictions;
(iii)a person who was sentenced to imprisonment without work or a greater punishment, if five years have not elapsed since the date on which the execution of their sentence was completed or the person ceased to be subject to execution of the sentence;
(iv)a person who was sentenced to a fine for violation of this Act, the Rabies Prevention Act (Act No. 132 of 1925), the Quarantine Act (Act No. 201 of 1926), the Act on Prevention of Infectious Diseases and Medical Care for Infectious Patients (Act No. 114 of 1998), or any order based on these Acts, if five years have not elapsed since the date on which the execution of their sentence was completed or the person ceased to be subject to execution of the sentence;
(v)a person whose permission was revoked pursuant to the provisions of Article 46-9, paragraph (1), if five years have not elapsed from the date of revocation (in the case in which the person whose permission was revoked is a corporation, this includes a person who was an officer of the corporation (that officer means an employee, director, executive officer or any other person equivalent to them who executes the business; and includes a person who is recognized as having the same or greater control over the corporation as an employee, director, executive officer or any other person equivalent to them, regardless of whether that person is a counselor, advisor or any other person having any other title; the same applies hereinafter in this paragraph) within 60 days prior to the day on which the notice under Article 15 of Administrative Procedure Act (Act No. 88 of 1993) regarding the revocation was given if five years have not elapsed from the day of the relevant revocation);
(vi)a person who gave a notification under Article 46-11, paragraph (2) during the period from the day on which a notice was given pursuant to the provisions of Article 15 of Administrative Procedure Act regarding a disposition revoking permission under Article 46-9, paragraph (1) to the day on which the disposition was made or the disposition was decided not to be made (excluding those who have reasonable grounds for the transfer or sterilization prescribed in that paragraph subject to the notification), if five years have not elapsed from the date of the notification;
(vii)if a notification was made pursuant to the provisions of Article 46-11, paragraph (2) within the period prescribed in the preceding item, a person who was an officer of the corporation that made the notification (excluding a corporation for which there are reasonable grounds for transfer or sterilization prescribed in the paragraph subject to the notification) or a person who was an employee specified by Cabinet Order of the individual that made the notification (excluding those who have reasonable grounds for transfer or sterilization prescribed in the paragraph subject to the notification) within 60 days prior to the date of the notification set forth in that item, if five years have not elapsed from the date of the notification;
(viii)any minor who does not have the same capacity as an adult with respect to business and whose statutory representative (if the legal representative is a corporation, that statutory representative includes its officers) falls under one of the preceding items;
(ix)a corporation whose officers or employees specified by Cabinet Order fall under one of items (i) through (vii); and
(x)an individual whose employees specified by Cabinet Order fall under one of items (i) through (vii).
(3)Conditions may be attached to the permission referred to in the main clause of paragraph (1) of the preceding Article. In this case, the conditions are limited to the minimum necessary to prevent the outbreak or spread of livestock infectious diseases caused by the pathogens of livestock infectious diseases subject to the permission, and must not impose unreasonable obligations on the person who obtains the permission.
(Permits)
Article 46-7(1)If the Minister of Agriculture, Forestry and Fisheries gives the permission under the main clause of Article 46-5, paragraph (1), the Minister must issue a permit stating the type of pathogens of livestock infectious diseases subject to the permission and other particulars provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The reissuance and return of the certificate of permission and other procedural particulars concerning the certificate of permission are provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Change in Permitted Particulars)
Article 46-8(1)If the permission holder intends to change the particulars listed in Article 46-5, paragraph (2), items (ii) through (iv), the holder must obtain the permission of the Minister of Agriculture, Forestry and Fisheries as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply if the change is minor as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)Before the permission holder intends to make a minor change provided for in the proviso to the preceding paragraph, the holder must notify the Minister of Agriculture, Forestry and Fisheries to that effect as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)If the permission holder changes the particulars listed in Article 46-5, paragraph (2), item (i), the holder must notify the Minister of Agriculture, Forestry and Fisheries to that effect within 30 days from the day of that change as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)The provisions of Article 46-6 apply mutatis mutandis to the permission referred to in the main clause of paragraph (1).
(Rescission of Permission)
Article 46-9(1)If the permission holder falls under one of the following items, the Minister of Agriculture, Forestry and Fisheries may revoke the permission referred to in the main clause of Article 46-5, paragraph (1) or suspend the effect of that permission for a specified period not exceeding one year:
(i)when the location, structure, or equipment of the handling facility no longer conforms to the technical standards referred to in Article 46-6, paragraph (1), item (ii);
(ii)when the permission holder has come to fall under one of the items of Article 46-6, paragraph (2);
(iii)when the permission holder violates the conditions referred to in Article 46-6, paragraph 3 (including as applied mutatis mutandis pursuant to the provisions of paragraph (4) of the preceding Article); and
(iv)when the permission holder has violated this Act or any order or disposition based on this Act.
(2)Particulars necessary for the rescission and suspension of the effect of the permission under the preceding paragraph are provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Restriction on the Transfer and Acceptance of Pathogens of Livestock Infectious Diseases)
Article 46-10Pathogens of livestock infectious diseases must not be transferred or received, except in the cases falling under one of the following items:
(i)if the permission holder transfers the pathogens of livestock infectious diseases under the permission to another permission holder (limited to a person who obtains the permission referred to in the main clause of Article 46-5, paragraph (1) for the relevant pathogens of livestock infectious diseases; the same applies hereinafter in this item) or receives them from another permission holder or a person obliged to sterilize or transfer as prescribed in paragraph (2) of the following Article; and
(ii)if a person obliged to sterilize or transfer as set forth in paragraph (2) of the following Article transfers the pathogens of livestock infectious diseases to the permission holder (limited to a person who has obtained a permission referred to in the main clause of Article 46-5, paragraph (1) for the relevant pathogens of livestock infectious diseases) as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Sterilization)
Article 46-11(1)If a person listed in one of the following items falls under the case specified in the relevant item, the person must sterilize or render harmless (hereinafter referred to as "sterilization") the pathogens of livestock infectious diseases that the person possesses, or must transfer them:
(i)the permission holder:in the case in which the permission holder is no longer required to possess the pathogens of livestock infectious diseases under the permission, or the permission referred to in the main clause of Article 46-5, paragraph (1) has been revoked or the effect of the permission has been suspended; and
(ii)the organization that conducts inspection of pathogens of livestock infectious diseases:in the case in which the organization comes into possession of pathogens of livestock infectious diseases in the course of its business.
(2)If a person that must conduct sterilization or transfer (hereinafter referred to as "sterilization or transfer") of the pathogens of livestock infectious diseases (hereinafter referred to as the "person obliged to sterilize or transfer") pursuant to the provisions of the preceding paragraph intends to sterilize or transfer the pathogens of livestock infectious diseases, the person must notify the Minister of Agriculture, Forestry and Fisheries of the type of the pathogens of livestock infectious diseases, the method of sterilization or transfer, and other particulars provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)If the permission holder is no longer required to possess the pathogens of livestock infectious diseases under the permission, and files a notification under the preceding paragraph, the permission referred to in the main clause of Article 46-5, paragraph (1) ceases to be effective.
(4)The Minister of Agriculture, Forestry and Fisheries, if found necessary, may order the person obliged to sterilize or transfer to change the method of sterilization or transfer of the relevant pathogens of livestock infectious diseases and take other necessary measures to prevent the outbreak or spread of livestock infectious diseases caused by the relevant pathogens, as provided for by Order of the Ministry of Agriculture, Forestry.
(Preparation of Regulations for the Prevention of the Outbreak of Livestock Infectious Diseases)
Article 46-12(1)In order to prevent the outbreak and spread of livestock infectious diseases caused by the pathogens of livestock infectious diseases under the permission, the holder of the permission must prepare regulations for the prevention of an outbreak of livestock infectious diseases prior to taking possession of the pathogens of livestock infectious diseases, and notify the Minister of Agriculture, Forestry and Fisheries of them, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If the permission holder changes the regulations for prevention of the outbreak of livestock infectious diseases, the holder must notify the Minister of Agriculture, Forestry and Fisheries to that effect within 30 days from the day of the change.
(3)If it is necessary to do so in order to prevent the outbreak or spread of a livestock infectious disease caused by pathogens of livestock infectious diseases, the Minister of Agriculture, Forestry and Fisheries may order the permission holder to change the regulations for prevention of the outbreak of livestock infectious diseases.
(Appointment of a Pathogen Handling Supervisor)
Article 46-13(1)The permission holder must appoint a pathogen handling supervisor from among persons who have the requirements specified by Order of the Ministry of Agriculture, Forestry and Fisheries as requirements concerning knowledge and experience in treatment of the relevant pathogens of livestock infectious diseases in order to have them supervise the prevention of the outbreak and spread of a livestock infectious disease caused by pathogens of livestock infectious diseases under the permission.
(2)If the permission holder appoints a pathogen handling supervisor, the holder must notify the Minister of Agriculture, Forestry and Fisheries to that effect within 30 days from the day of that appointment as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries. The same applies in the event of dismissal of that supervisor.
(3)A pathogen handling supervisor must carry out their duties in good faith.
(4)A person who enters a handling facility must follow the instructions given by the pathogen handling supervisor to ensure the implementation of this Act or orders based on this Act or the regulations for prevention of the outbreak of a livestock infectious disease.
(5)The permission holder must respect the opinions of the pathogen handling supervisor with regard to the prevention of the outbreak and spread of a livestock infectious disease caused by the pathogens of livestock infectious diseases under the permission.
(6)If a pathogen handling supervisor violates the provisions of this Act or regulations based on this Act, the Minister of Agriculture, Forestry and Fisheries may order the permission holder to dismiss the pathogen handling supervisor.
(Education and Training)
Article 46-14A permission holder, pursuant to the provisions by Order of the Ministry of Agriculture, Forestry and Fisheries, must provide persons who enter the handling facility with the education and training necessary to prevent the outbreak and spread of livestock infectious diseases caused by the pathogens of livestock diseases under the permission, in addition to disseminating the regulations for the prevention of the outbreak of a livestock infectious disease.
(Obligation of Book-Keeping)
Article 46-15(1)A permission holder, pursuant to the provisions by Order of the Ministry of Agriculture, Forestry and Fisheries, must keep books and enter particulars concerning the storage, use, and sterilization of the pathogens of livestock infectious diseases that the holder possesses, and other particulars necessary for the prevention of outbreak and spread of livestock infectious diseases caused by the relevant pathogens of livestock infectious diseases.
(2)The book referred to in the preceding paragraph must be kept as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Standard for Facilities)
Article 46-16(1)A permission holder must maintain the location, structure and equipment of the handling facility so that it conforms to the technical standards referred to in Article 46-6, paragraph (1), item (ii).
(2)If the location, structure, or equipment of the handling facility does not conform to the technical standards referred to in the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries may order the permission holder to repair or remodel the relevant facility or to take other necessary measures to prevent the outbreak or spread of livestock infectious diseases caused by the relevant pathogens of the relevant infectious diseases.
(Standard for Storage)
Article 46-17(1)A permission holder, a person obliged to sterilize or transfer, and a person entrusted with the transportation by these persons (hereinafter referred to as "permission holder or other equivalent persons"), in the case of storing, using, transporting (excluding transportation by ship or aircraft; the same applies hereinafter), or sterilizing pathogens of livestock infectious diseases that they possess, must take necessary measures to prevent the outbreak and spread of livestock infectious diseases caused by pathogens of livestock infectious diseases in accordance with the technical standards specified by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)If the measures taken by the permission holder or other equivalent persons for the storage, use, transportation, or sterilization of the pathogens of livestock infectious diseases do not conform to the technical standards referred to in the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries may order that person to change the method of storage, use, transportation, or sterilization, and to take other measures necessary for preventing the outbreak or spread of livestock infectious diseases caused by the pathogens of livestock infectious diseases.
(Emergency Measures in Case of Disaster)
Article 46-18(1)If a livestock infectious disease caused by the pathogens of livestock infectious diseases occurs or spreads or is likely to occur or spread due to an earthquake, fire, or other disasters with regard to the pathogens of livestock infectious diseases possessed by the permission holder or other equivalent persons, they must immediately take emergency measures as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)In the case provided for in the preceding paragraph, the permission holder or other equivalent persons must notify the Minister of Agriculture, Forestry and Fisheries to that effect without delay as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)In the case referred to in paragraph (1), if it is urgently necessary to do so in order to prevent the outbreak or spread of a livestock infectious disease caused by those pathogens of livestock infectious diseases, the Minister of Agriculture, Forestry and Fisheries may order the permission holder or other equivalent persons to change the storage location of the relevant pathogens of livestock infectious diseases, sterilize those pathogens of livestock infectious diseases, or take other necessary measures to prevent the outbreak or spread of a livestock infectious disease caused by those pathogens of livestock infectious diseases.
(Notification of Possession of Pathogens of Notifiable Infectious Diseases or Other Diseases)
Article 46-19(1)A person who possesses pathogens of notifiable infectious diseases or other diseases (meaning pathogens of livestock infectious diseases other than those prescribed as livestock infectious diseases, and pathogens of notifiable infectious diseases that are specified by Order of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter) must notify the Minister of Agriculture, Forestry and Fisheries of the type of the pathogens of notifiable infectious diseases or other diseases, and other particulars provided for by Order of the Ministry of Agriculture, Forestry and Fisheries within 7 days from the date on which the person took that possession, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply in the following cases:
(i)if an organization that conducts inspection of pathogens of livestock infectious diseases comes into possession of pathogens of notifiable infectious diseases or other diseases in the course of its business, and possesses their pathogens until the organization transfers or sterilizes them, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries;
(ii)if a person possessing pathogens of notifiable infectious diseases or other diseases has entrusted a person with their transportation or sterilization, and that person possesses those pathogens subject to the entrustment for the purpose of the relevant transportation or sterilization; and
(iii)if an employee of a person that possesses pathogens of notifiable infectious diseases or other diseases possesses those pathogens in the course of their duties.
(2)If a person who gives a notification under the main clause of the preceding paragraph (referred to as a "person who gave a notification" in paragraph (1) of the following Article) changes the particulars related to that notification, the person must notify the Minister of Agriculture, Forestry and Fisheries to that effect within 7 days from the date of that change, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries. The same applies when the person no longer possesses the pathogens of notifiable infectious diseases or other diseases subject to that notification.
(Application Mutatis Mutandis)
Article 46-20(1)The provisions of Article 46-15 and Article 46-16 apply mutatis mutandis to a person who gave a notification. In this case, in Article 46-15, paragraph (1) and Article 46-16, paragraph (2), the term "pathogens of livestock infectious diseases" is deemed to be replaced with "pathogens of notifiable infectious diseases or other diseases", and the phrase "of livestock infectious diseases" is deemed to be replaced with "of infectious diseases of livestock"; the term "handling facility" in Article 46-16 is deemed to be replaced with "facilities for the storage, use, and sterilization of notifiable infectious pathogens or other diseases"; and the phrase "referred to in Article 46-6, paragraph (1), item (ii)" in paragraph (1) of that Article is deemed to be replaced with "provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The provisions of Article 46-17 and Article 46-18 apply mutatis mutandis to a person who possesses pathogens of notifiable infectious diseases or other diseases (excluding the employees referred to in paragraph (1), item (iii) of the preceding Article; the same applies hereinafter). In this case the term "pathogens of livestock infectious diseases" in Article 46-17 and Article 46-18, paragraphs (1) and (3) is deemed to be replaced with "pathogens of notifiable infectious diseases or other diseases", and the phrase "livestock infectious diseases caused by" is deemed to be replaced with "infectious diseases in livestock caused by".
(Request to Minister having Jurisdiction over Business)
Article 46-21(1)If the Minister of Agriculture, Forestry and Fisheries finds it necessary to do so in order to prevent the outbreak of infectious diseases of livestock caused by pathogens of livestock infectious diseases or pathogens of notifiable infectious diseases or other diseases (hereinafter referred to as "pathogens of monitored infectious diseases") or to prevent their spread, the Minister may request the minister having jurisdiction over the business handling the pathogens of monitored infectious diseases to take necessary measures to ensure the appropriate handling of the pathogens of monitored infectious diseases by that business.
(2)If the Minister of Agriculture, Forestry and Fisheries finds it urgently necessary to do so in order to prevent the outbreak or spread of infectious diseases of livestock caused by pathogens of monitored infectious disease, the Minister may request the prefectural governor to send officials of the organizations conducting research and testing or inspection on infectious diseases of livestock and provide other necessary cooperation.
(Exclusion from Application)
Article 46-22The provisions of Article 46-5 through the preceding Article do not apply to the following pathogens:
(i)pathogens contained in pharmaceuticals or regenerative medicine products that obtains approval under Article 14, paragraph (1), Article 23-2-5, paragraph (1) or Article 23-25, paragraph (1) of Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145 of 1960) (including as applied pursuant to the provisions of Article 83, paragraph (1) of that Act following the deemed replacement of the terms) or certification under Article 23-2-23, paragraph (1) of that Act (including as applied pursuant to the provisions of Article 83, paragraph (1) of that Act following the deemed replacement of the terms), or other pathogens equivalent to them which are specified by Order of the Ministry of Agriculture, Forestry and Fisheries as those unlikely to cause infectious diseases in livestock; and
(ii)pathogens that fall under the category of Class I pathogens, etc. prescribed in Article 6, paragraph (20) of the Act on Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases, Class II pathogens, etc. prescribed in paragraph (21) of that Article, Class III pathogens, etc. prescribed in paragraph (22) of that Article, or Class IV pathogens, etc. prescribed in paragraph (23) of that Article (excluding pathogens specified by Order of the Ministry of Agriculture, Forestry and Fisheries as those that are likely to seriously affect the production or maintenance of health of livestock due to the spread of livestock infectious diseases caused by them).
Chapter VI Miscellaneous Provisions
(Instructions of the Minister of Agriculture, Forestry and Fisheries to Prefectural Governors)
Article 47If the outbreak or spread of a livestock infectious disease is likely to exert a grave influence on the livestock industry, the Minister of Agriculture, Forestry and Fisheries may instruct prefectural governors to carry out measures under Article 6, paragraph (1), Article 9, Article 15, Article 17, Article 17-2, paragraph (5) or (6), Article 25-2, Article 26, paragraph (1), (3), or (5), Article 28-2, paragraph (1), Article 30, Article 31, paragraph (1) or (2), Article 32, paragraph (1), or Articles 33 through 34-2, or have the prefectural livestock health inspectors implement the measures under Article 16, paragraph (3).
(Cooperation by the National Government with Prefectures)
Article 48If the Minister of Agriculture, Forestry and Fisheries has given the instruction referred to in the preceding Article or is requested by a prefectural governor, and finds it necessary to do so, the Minister may designate livestock quarantine officers to exercise, in accordance with instruction from the prefectural governor, the authorities incumbent on prefectural livestock health inspectors under Chapter II or Chapter III.
(Request to Send Prefectural Livestock Health Inspectors)
Article 48-2(1)Prefectural governors, if urgently necessary for preventing livestock infectious diseases, may request that other prefectural governors send prefectural livestock health inspectors. In this case, the prefectural governors who are requested to send prefectural livestock health inspectors may not refuse the relevant sending unless there are legitimate grounds.
(2)Prefectural livestock health inspectors sent in response to a request under the preceding paragraph may exercise, in accordance with instruction from the prefectural governor who requested the relevant sending, the authorities incumbent upon the prefectural livestock health inspectors of the relevant prefecture.
(3)Costs accompanying the sending of prefectural livestock health inspectors in response to a request under paragraph (1) are to be paid by the prefecture to which they are sent.
(4)In cases referred to in the preceding paragraph, if the prefecture to which prefectural livestock health inspectors are sent does not have time to pay the relevant cost, the relevant prefecture may request other prefectures sending them to temporarily make advanced payments of the relevant cost on its behalf.
(Transfer or Loan of Biological Preparations for Animal Use)
Article 49If it is found necessary for preventing livestock infectious diseases, the Minister of Agriculture, Forestry and Fisheries may transfer biological preparations for animal use or loan instruments for preventive measures free of charge or at a lower cost than the market value to prefectures.
(Restriction on Use of Biological Preparations for Animal Use)
Article 50Biological preparations for animal use that are designated by the Minister of Agriculture, Forestry and Fisheries must not be used without the permission of the prefectural governor.
(Spot Inspections)
Article 51(1)If necessary for preventing livestock infectious diseases, livestock quarantine officers or prefectural livestock health inspectors may enter racecourses, livestock markets, livestock shows, and other locations where livestock are gathered, biosecurity area or premises, rendering plants or dead animal handling plants, slaughterhouses, warehouses, ships, vehicles or aircraft, or other locations that are contaminated or are likely to be contaminated with pathogens of a livestock infectious disease; and inspect animals or other things, question relevant personnel, collect samples of blood, milk and other substances from animals, or gather carcasses of animals or other byproducts within the limit necessary for inspection.
(2)If it is necessary for the enforcement of the provisions of the preceding Chapter, the Minister of Agriculture, Forestry and Fisheries may have their officials enter the office or place of business of the permission holder or other equivalent persons or of the person who possesses the pathogens of notifiable infectious diseases or other diseases to inspect their books, documents and other necessary items, to ask questions to the persons concerned, or to collect the monitored infectious pathogens or things contaminated or likely to be contaminated with them to the extent necessary for the inspection.
(3)If the officials of the Ministry of Agriculture, Forestry and Fisheries (excluding livestock quarantine officers) conduct on-site inspection, questioning or collection under the preceding paragraph, they must carry a certificate for identification and present it to the persons concerned as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)The authority for on-site inspection, questioning, collecting or gathering samples under paragraph (1) and (2) must not be construed as having been granted for the purposes of criminal investigation.
(Reports)
Article 52(1)If necessary for preventing livestock infectious diseases, the Minister of Agriculture, Forestry and Fisheries or prefectural governors may request the owners of animals, veterinarians, the owners of pathogens of livestock infectious diseases, persons engaged in the manufacture, import or sale of feed, promoters of horse races, livestock markets, livestock shows or other events where livestock are gathered, or the owners of rendering plants, dead animal handling plants or slaughterhouses to report on necessary particulars, in accordance with procedures prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(2)The Minister of Agriculture, Forestry and Fisheries may request the permission holder or other equivalent persons or the person who possesses the pathogens of notifiable infectious diseases to report on necessary particulars in accordance with the procedures provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, if it is necessary for the enforcement of the provisions of the preceding Chapter.
(Collection and Publication of Information on the Condition of Outbreak of Infectious Diseases)
Article 52-2(1)The Minister of Agriculture, Forestry and Fisheries is to collect information on the condition, trends and causes of outbreak of infectious diseases in livestock in foreign countries.
(2)The Minister of Agriculture, Forestry and Fisheries is to organize and analyze the information obtained pursuant to the provisions of this Act and other information on infectious diseases in livestock collected, and actively make public information on the status, trends and causes of outbreak of infectious diseases in livestock, and information necessary for the prevention of outbreak and spread of the relevant infectious diseases in livestock by using the Internet and other appropriate methods.
(Restriction on Request for Administrative Review)
Article 52-3No request for administrative review may be filed against instructions of prefectural livestock health inspectors under Article 14, paragraph (3), Article 16, paragraph (1), Article 19, Article 20, paragraph (2), Article 21, paragraph (1), Article 23, paragraph (1), Article 25, paragraph (1), or Article 26, paragraph (2) (including instructions under these provisions issued by livestock quarantine officers pursuant to the provisions of Article 46, paragraph (1) or Article 48) and orders of prefectural governors under Article 17, paragraph (1), Article 17-2, paragraph (5), or Article 26, paragraph (1) (including orders under Article 17, paragraph (1), or Article 26, paragraph (1) issued by the Director General of the Animal Quarantine Service pursuant to the provisions of Article 46, paragraph (1)).
(Livestock Quarantine Officers and Prefectural Livestock Health Inspectors)
Article 53(1)Livestock quarantine officers are assigned to the Ministry of Agriculture, Forestry and Fisheries to be engaged in affairs prescribed in this Act.
(2)Livestock quarantine officers referred to in the preceding paragraph are appointed from among veterinarians; provided, however, that if particularly necessary, persons other than veterinarians who have relevant expertise concerning the prevention of livestock infectious diseases may also be appointed.
(3)Prefectural governors appoint prefectural livestock health inspectors from among their prefectural officials who are veterinarians, to be engaged in affairs prescribed in this Act; provided, however, that if particularly necessary, persons other than veterinarians who are prefectural officials and have relevant expertise concerning the prevention of livestock infectious diseases may be appointed.
(4)The prefectural governor must endeavor to secure the number of prefectural livestock health inspectors necessary to deal with the affairs prescribed in this Act by employing veterinarians as their prefectural officials.
(Carrying of Identification Cards)
Article 54Livestock quarantine officers and prefectural livestock health inspectors, when performing duties pursuant to this Act, must carry identification cards that show their status, and must present the relevant cards when so requested by relevant persons, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(Uniform Regulations)
Article 55The Minister of Agriculture, Forestry and Fisheries prescribes uniform regulations for livestock quarantine officers.
(Validity of Dispositions with Respect to Successors)
Article 56(1)Instructions and other dispositions under this Act (excluding the preceding Chapter; the same applies hereafter in this paragraph) or orders based on this Act remain in force with respect to persons who succeed to rights from the owners or custodians of livestock or other things that are the object of the relevant disposition, or who newly become custodians of the relevant livestock or other things following the establishment of rights.
(2)If owners or custodians of livestock or other things referred to in the preceding paragraph transfer the relevant livestock or other things to another person or have that other person take their custody, they must inform that other person of the fact that the disposition has been made, and of the content of the relevant disposition.
(Application of Provisions Concerning Special Wards)
Article 57The provisions of this Act concerning municipalities or municipal mayors apply to special wards or mayors of special wards in districts where special wards exist.
(Allowances)
Article 58(1)The national government grants the owners of the following animals or objects (or in the case of livestock ordered to be slaughtered pursuant the provisions of Article 17, the owners of the relevant livestock at the time the relevant order was issued) the amounts specified in each of those items as allowances (or if the carcasses of the relevant animals have use-value, the amounts arrived at when the estimated amount of the carcasses is deducted from the amounts specified in the relevant items); provided, however, that the national government is not to grant persons that fail to take necessary measures to prevent the outbreak or spread of livestock infectious diseases, or other persons prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, all or part of the allowances that would be granted to them pursuant to the provisions of the main clause of this paragraph; or is to have the relevant persons return all or part of the allowances granted under the main clause of this paragraph, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries.
(i)for affected livestock slaughtered pursuant to the provisions of Article 16 or 17 (excluding those falling under the following item), one-third of the estimated amount of the relevant livestock before they became affected livestock (or one third of the amount prescribed by Cabinet Order for each species of livestock within a range not less than the transaction value considered to be normally established in the trading of livestock that have standard attributes, if the relevant estimated amount exceeds that amount prescribed by the relevant Cabinet Order; the same applies hereafter in in item (i) of the following paragraph);
(ii)for affected livestock slaughtered pursuant to the provisions of Article 17 on account of contracting brucellosis, tuberculosis, Johne's disease or equine infectious anemia, four-fifths of the estimated amount of the relevant animals at the time when the order in the relevant Article was issued (or four-fifths of the amount prescribed by the Cabinet Order as prescribed in the preceding item for each species of livestock, if the relevant estimated amount exceeds that amount prescribed by the Cabinet Order);
(iii)for livestock suspected of being affected that were slaughtered pursuant to the provisions of Article 16, Article 17, or Article 20, paragraph (1), four-fifths of the estimated amount of the relevant livestock before they became livestock suspected of being affected;
(iv)for dead animals or stillbirth or miscarried fetuses of animals as a result of inspection, injection, dipping or medication under Article 4-2, paragraph (3) or (5), Article 5, paragraph (1), Article 6, paragraph (1), Article 31, paragraph (1), or Article 46, paragraph (2) or (3), the full amount of the estimated amount of the relevant livestock at the time of the relevant inspection, injection, dipping or medication, or of the estimated amount of the relevant fetuses before their still birth or miscarriage; or
(v)for objects incinerated or buried pursuant to the provisions of Article 23 (excluding cases referred to in the proviso to paragraph (1) of the relevant Article; the same applies hereafter in the following paragraph (3)), four-fifths of the estimated amount of the relevant objects before their incineration or burial.
(2)The national government, in addition to the allowances referred to in the preceding paragraph, is to grant the owners of the following livestock or objects the amount provided for in the relevant item as special allowances; provided, however, that the national government, as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries, is not to grant all or part of the special allowances to be granted under the main clause of this paragraph to persons that fail to take necessary measures to prevent the outbreak or spread of livestock infectious diseases set forth in Article 16, paragraph (1), item (i) or to other persons provided for by Order of the Ministry of Agriculture, Forestry and Fisheries; or is to have them return all or part of the special allowance granted under the main clause of this paragraph.
(i)for affected livestock slaughtered pursuant to the provisions of Article 16, two-thirds of the estimated value of the livestock before it became affected;
(ii)for livestock suspected of being affected that have been slaughtered pursuant to the provisions of Article 16, one-fifth of the estimated value of the livestock before it became livestock suspected of being affected; and
(iii)for objects that have been incinerated or buried pursuant to the provisions of Article 23 on account of being contaminated or likely to be contaminated with pathogens of livestock infectious diseases prescribed in Article 16, paragraph (1), item (i), one-fifth of the estimated value of those objects prior to their incineration or burial.
(3)The provisions of the preceding two paragraphs do not apply to cases prescribed in Article 46, paragraph (1), except in cases concerning animals and their fetuses referred to in paragraph (1), item (iv).
(4)The Minister of Agriculture, Forestry and Fisheries must hear the opinions of prefectural governors concerned before deciding the estimated value of animals, carcasses, fetuses, or objects listed in paragraph (1) or (2).
(5)Prefectural governors must hear the opinions of at least three appraisers selected in advance, as prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, before stating the opinions referred to in the preceding paragraph to the Minister of Agriculture, Forestry and Fisheries.
(Share of Expenses)
Article 59The national government grants one half of the expenses required for incineration or burial to the owners of carcasses of affected livestock or livestock suspected of being affected or objects that have been incinerated or buried pursuant to the provisions of Article 21, paragraph (1) or Article 23, paragraph (1).
Article 60(1)Of the expenses required by prefectural governors or prefectural livestock health inspectors for the execution of this Act, the national government bears those listed below:
(i)the full amount of traveling expenses incurred by prefectural livestock health inspectors (or one-half of those expenses, if those expenses are incurred by them in preventing the outbreak of parasitic diseases other than livestock infectious diseases (including diseases designated pursuant to the provisions of Article 62, paragraph (1)));
(ii)the full amount of allowances paid to and traveling expenses incurred by the appraisers in Article 58, paragraph (5);
(iii)one half of allowances paid to employed veterinarians;
(iv)the full amount of expenses incurred in purchasing or manufacturing vaccine against rinderpest (excluding the expenses incurred in purchasing or manufacturing biological formulation for animals as referred to in item (vi));
(v)one half of the expenses incurred in purchasing or manufacturing biological preparations for animal use other than vaccine against rinderpest;
(vi)the full amount of expenses incurred in purchasing or manufacturing biological formulation for animals used for those other than livestock pursuant to the provisions of Article 31, paragraph (2), which are designated by the Minister of Agriculture, Forestry and Fisheries as being particularly necessary to prevent the spread of pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza or low pathogenicity avian influenza due to the spread of those infectious diseases in those animals;
(vii)the full amount of expenses incurred in purchasing medicines designated by the Minister of Agriculture, Forestry and Fisheries (or one-half of those expenses, if those expenses were incurred in preventing the outbreak of parasitic diseases other than livestock infectious diseases (including diseases designated pursuant to the provisions of Article 62, paragraph (1)));
(viii)one half of the expenses required for the inspection, injection, dipping or medication referred to in Article 31, paragraph (2) (excluding the expenses incurred in purchasing or manufacturing biological formulation for animals as referred to in items (iv) through (vi)) (or the full amount of those expenses, if they were required for inspection, injection, dipping or medication referred to in that paragraph that the Minister of Agriculture, Forestry and Fisheries finds particularly necessary to prevent the spread of pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, classical swine fever, African swine fever, high pathogenicity avian influenza or low pathogenicity avian influenza due to the spread of those infectious diseases in animals other than livestock);
(ix)one half of the expenses incurred in purchasing or leasing sanitary materials designated by the Minister of Agriculture, Forestry and Fisheries;
(x)one half of the expenses required for disinfection as designated by the Minister of Agriculture, Forestry and Fisheries (excluding the expenses incurred in purchasing chemicals referred to in item (vii) and the expenses incurred in purchasing or leasing sanitary materials as referred to in the preceding item); and
(xi)one half of the expenses required for incineration or burial as designated by the Minister of Agriculture, Forestry and Fisheries (or the full amount of those expenses, if they were required for the incineration or burial of designated livestock).
(2)If the prefectural governor has prohibited or restricted the movement pursuant to the provisions of Article 32, suspended or restricted the holding of events or operations pursuant to the provisions of Article 33, or suspended or restricted the grazing, insemination, or slaughtering, or the hatching of eggs pursuant to the provisions of Article 34; and the prefectural government has granted the owner of livestock, carcasses or objects (hereinafter referred to as "livestock or other objects" in this paragraph) an amount equivalent to the decrease in sales of livestock or other objects or the increase in their feed costs or other costs required for their storage, transportation or disposal which resulted from that prohibition, suspension or restriction that are specified by Cabinet Order, the national government bears one half of the granted amount.
(Compensation for Designated Livestock)
Article 60-2(1)The national government must compensate a person who has suffered a loss due to slaughtering designated livestock that they owned, in accordance with an order under Article 17-2, paragraph (5), or having the designated livestock slaughtered pursuant to the provisions of paragraph (6) of that Article, for the costs required for the production of the livestock and other losses specified by Cabinet Order as losses that should normally occur.
(2)The national government grants the owner of the carcass of the designated livestock that has been incinerated or buried pursuant to the provisions of Article 21, paragraph (1) the full amount of the cost required for incineration or burial.
(3)Beyond what is provided for in the preceding two paragraphs, necessary particulars concerning compensation for loss and the bearing of expenses relating to the designated livestock are specified by Cabinet Order.
(Financial Measures for Measures in the Initial Stage)
Article 60-3The government must endeavor to take necessary financial measures, such as appropriation of reserve funds, in order to ensure that measures to prevent the spread of livestock infectious diseases are taken accurately and promptly from the early stage after the outbreak in the case in which affected livestock or livestock suspected of being affected are discovered.
(Delegation of Affairs to Directors of Livestock Hygiene Service Centers)
Article 61Prefectural governors may delegate to the Directors of Livestock Hygiene Service Centers part of the affairs that come under the governors' jurisdiction pursuant to the provisions of Article 4, paragraph (1), Article 4-2, paragraphs (1) and (3), Article 7 (including as applied mutatis mutandis pursuant to Article 31, paragraph (3)), Article 8 (including as applied mutatis mutandis pursuant to Article 31, paragraph (3)), Article 9, Article 12-4, paragraph (1), Article 13, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to Article 13-2, paragraph (2), in the case of the proviso to Article 13, paragraph (1), and of paragraph (2) of that Article), Article 13-2, paragraph (1), Article 15, the proviso to Article 21, paragraph (1), the proviso to Article 24, Article 26, paragraphs (1), (3), and (5), Article 30, Article 31, paragraph (1), Article 50, and Article 52, paragraph (1).
(Application, Mutatis Mutandis, of this Act to Diseases Other Than Monitored Infectious Diseases)
Article 62(1)If there are signs of the outbreak or spread of an infectious disease in livestock or other animals other than monitored infectious diseases, and this is likely to seriously affect the production or maintenance of health of livestock, all or part of the provisions of Article 3-2, and Articles 5 through 12-2, the provisions in Chapter III, the provisions in this Chapter that relate to Chapter III, and the provisions of Chapter IV (excluding the provisions of Article 36-2) may apply mutatis mutandis (this excludes the provisions of Articles 5 through 12-2, in the case of animals other than livestock), for a specified period not exceeding one year, with the species of animal, the type of disease, and the region designated by Cabinet Order.
(2)The Minister of Agriculture, Forestry and Fisheries, when intending to plan the enactment, amendment or repeal of the Cabinet Order referred to in the preceding paragraph, must first hear the opinions of the Council of Food, Agriculture and Rural Area Policies.
(The Relationship between the Minister of Agriculture, Forestry and Fisheries and the Minister of Health, Labour and Welfare)
Article 62-2(1)Beyond what is provided for in Article 4, paragraph (2), if the Minister of Agriculture, Forestry and Fisheries intends to take measures under this Act to prevent the outbreak or spread of a livestock infectious disease that is found to be highly likely to be transmitted from livestock to human beings; and finds it necessary, the Minister may hear the opinion of the Minister of Health, Labour and Welfare.
(2)If the Minister of Health, Labour and Welfare finds that there is a possibility that the outbreak or spread of a livestock infectious disease that is found highly likely to be transmitted from livestock to human beings would exert an impact on the health of the citizens, the Minister may make a statement of opinion to the Ministry of Agriculture, Forestry and Fisheries concerning the implementation of measures under this Act to prevent the outbreak or spread of livestock infectious diseases.
(3)The Minister of Agriculture, Forestry and Fisheries and the Minister of Health, Labour and Welfare are to mutually provide information or materials for the purpose of the smooth implementation of the provisions of the preceding two paragraphs.
(4)If the Minister of Agriculture, Forestry and Fisheries intends to take measures to prevent the outbreak or spread of infectious diseases in livestock pursuant to the provisions of this Act because there is a high possibility that infectious diseases listed in the left column of the table in Article 2, paragraph (1) would be transmitted from wild animals to livestock; and finds it necessary, the Minister may request the Minister of the Environment to give their opinion or to take necessary measures such as monitoring wild animals.
(5)If the Minister of the Environment finds that there is a high possibility that the infectious disease set forth in the preceding paragraph will be transmitted from wild animals to livestock and that there is a risk of the occurrence or spread of the relevant infectious disease in livestock, the Minister may state their opinion to the Minister of Agriculture, Forestry and Fisheries with regard to the implementation of measures under this Act to prevent the occurrence or spread of the infectious disease in livestock.
(6)The Minister of Agriculture, Forestry and Fisheries and the Minister of the Environment are to mutually provide information or materials for the purpose of smooth implementation of the provisions of the preceding two paragraphs.
(Contact and Cooperation)
Article 62-3The Minister of Agriculture, Forestry and Fisheries and the heads of relevant administrative organs, in the enforcement of this Act, must closely communicate and cooperate with each other on particulars concerning the prevention of outbreak or spread of infectious diseases in livestock.
(Administrative Classification)
Article 62-4Any administrative process to be processed by local governments pursuant to the provisions of Chapter III (excluding Article 21, paragraphs (6) and (7)) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)) are Type 1 statutory entrusted functions as prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
(Transitional Measures)
Article 62-5When orders are enacted, amended, or repealed based on the provisions of this Act, it is possible to specify requisite transitional measures (including transitional measures concerning penal provisions) through those orders, within a range that is judged reasonably necessary in conjunction with the relevant enactment, amendment or repeal.
Chapter VII Penal Provisions
Article 63In the case in which any of the following items is applicable, the person who committed the relevant violation is subject to imprisonment for not more than three years or a fine of not more than three million yen:
(i)if a veterinarian or owner referred to in Article 13, paragraph (1) or Article 13-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)) has failed to make a notification under these provisions or has made a false notification;
(ii)if a person violated the provisions of Article 16, paragraph (1), Article 36, paragraph (1), Article 37, paragraph (1), Article 38 or Article 45, paragraph (1) (including the case in which Article 36, paragraph (1) and Article 37, paragraph (1) apply mutatis mutandis pursuant to Article 62, paragraph (1));
(iii)if a person violated an order under Article 17, paragraph (1) or Article 17-2, paragraph (5); and
(iv)if a person violated conditions under Article 36, paragraph (3) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)).
(v)if a person failed to undergo inspection under Article 40, paragraph (1) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)) or committed a wrongful act when undergoing that inspection.
Article 64In the case of violation of Article 46-5, paragraph (1) or Article 46-10, the person who has committed that violation is subject to imprisonment for not more than three years or a fine of not more than one million yen.
Article 65In the case in which any of the following items is applicable, the person who has committed the violation is subject to imprisonment for not more than one year or a fine of not more than five hundred thousand yen:
(i)if a person violated the provisions of Article 11, Article 12, Article 14, paragraph (1), Article 16, paragraph (2), Article 21, paragraph (1) or (3), Article 50, or Article 56, paragraph (2) (including the case in which Article 14, paragraph (1) and Article 56, paragraph (2) apply mutatis mutandis pursuant to Article 62 paragraph (1));
(ii)if a person violated prohibition, suspension or restriction under Article 32 or 33 (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(iii)if a person has imported previously known pathogens of livestock infectious diseases that are other than those of monitored infectious diseases, without giving notification under Article 36-2, paragraph (1) or by giving false notification;
(iv)if a person has violated the provisions of Article 46-8, paragraph (1), Article 46-11, paragraph (1), Article 46-13, paragraph (1), or Article 46-18, paragraph (1) (including as applied mutatis mutandis pursuant to Article 46-20, paragraph (2) following the deemed replacement of term);
(v)if a person has violated the provisions of Article 46-18, paragraph (3) (including as applied mutatis mutandis pursuant to Article 46-20, paragraph (2) following the deemed replacement of term);
(vi)if a person has refused, interfered with, or evaded an inspection or collection under Article 51, paragraph (2), or failed to make a statement or made a false statement in response to questions under that paragraph; and
(vii)if a person has failed to make a report under Article 52, paragraph (2) or made a false report.
Article 66In the case of violation of an order under Article 12-6, paragraph (2) or Article 34-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)), the person who has committed the relevant violation is subject to a fine of not more than one million yen.
Article 67In the case in which any of the following items are applicable, the person who has committed the violation is subject to a fine of not more than 500,000 yen:
(i)if a person violated the conditions under Article 46-6, paragraph (3) (including as applied mutatis mutandis pursuant to Article 46-8, paragraph (4));
(ii)if a person made the sterilization or transfer prescribed in Article 46-11, paragraph (2) without giving a notification under that paragraph or by giving a false notification;
(iii)if a person violated an order under Article 46-11, paragraph (4), Article 46-16, paragraph (2) (including as applied mutatis mutandis pursuant to Article 46-20, paragraph (1) following the deemed replacement of terms), or Article 46-17, paragraph (2) (including as applied mutatis mutandis pursuant to Article 46-20, paragraph (2) following the deemed replacement of terms); and
(iv)if a person failed to make a notification under Article 46-19, paragraph (1) or made a false notification.
Article 68In the case in which any of the following items is applicable, a person who committed the violation is subject to a fine of not more than 300,000 yen:
(i)if a person violated an order under Article 4-2, paragraph (3) or (5), Article 5, paragraph (1), Article 6, paragraph (1), Article 9, Article 26, paragraph (1), and Article 30 (including the case in which Article 5, paragraph (1), Article 6, paragraph (1), Article 9, Article 26, paragraph (1), and Article 30 apply mutatis mutandis pursuant to Article 62, paragraph (1));
(ii)if a person violated the provisions of Article 8-2, Article 21, paragraph (2), Article 23, paragraph (1), Article 24, Article 25, paragraph (1), (4) or (6), Article 26, paragraph (4) or (6), Article 28, paragraph (2), or Article 28-2, paragraph (1) (including the case in which Article 8-2, Article 23, paragraph (1), Article 24, Article 25, paragraphs (1), (4) and (6), Article 26, paragraphs (4) and (6), Article 28, paragraph (2), and Article 28-2, paragraph (1) apply mutatis mutandis pursuant to Article 62, paragraph (1));
(iii)if a person violated the restriction or blockage of traffic under Article 10, paragraph (3), Article 15, or Article 25-2. paragraph (3) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(iv)if a person violated the instructions (with regard to instructions under Article 14, paragraph (2), they are limited to instructions to the effect that the measures referred to in that paragraph should be taken) under Article 14, paragraph (2) or (3), Article 19, Article 26, paragraph (2), or Article 40, paragraph (4) (including as applied mutatis mutandis in Article 62, paragraph (1));
(v)if a person slaughtered livestock prescribed in Article 18 without giving a notification under Article 18 (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(vi)if a person refused, interfered with, or evaded an autopsy or slaughter disposition under Article 20, paragraph (1) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(vii)if a person refused, obstructed or evaded the attachment of signs under Article 29 (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(viii)if a person refused, obstructed or evaded inspection, injection, dipping or medication under Article 31, paragraph (1) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(ix)if a person violated suspension or restriction under Article 34 (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(x)if a person refused, obstructed, or evaded inspection under Article 40, paragraph (2) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(xi)if a person failed to make a statement or made a false statement in response to a question under Article 40, paragraph (5), Article 45, paragraph (5), or Article 46-2, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)), or refused, obstructed, or evaded an inspection under these provisions;
(xii)if a person failed to undergo an inspection under Article 42, paragraph (2) or Article 43, paragraph (5) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1)), or committed a wrongful act when undergoing that inspection;
(xiii)if a person violated an order under Article 46, paragraph (2) or (3), or refused, obstructed or evaded isolation, injection, dipping, medication or disinfection under these provisions;
(xiv)if a person refused, interfered with, or evaded the disposition under Article 46, paragraph (4) (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(xv)if a person refused, interfered with, or evaded the disinfection under Article 46-3 (including as applied mutatis mutandis pursuant to Article 62, paragraph (1));
(xvi)if a person made changes prescribed in the proviso to Article 46-8, paragraph (1) without giving a notification under Article 46-8, paragraph (2) or by giving a false notification;
(xvii)if a person violated the provisions of Article 46-14 or Article 46-15 (including as applied mutatis mutandis pursuant to Article 46-20, paragraph (1) following the deemed replacement of terms);
(xviii)if a person failed to make a notification under Article 46-18, paragraph (2) or Article 46-19, paragraph (2) (including as applied mutatis mutandis pursuant to Article 46-20, paragraph (2)), or made a false notification;
(xix)if a person refused, obstructed or evaded inspection, collecting or gathering of samples under Article 51, paragraph (1), or failed to make a statement or made a false statement in response to questions under the relevant paragraph; and
(xx)if a person failed to make a report under Article 52, paragraph (1), or made a false report.
Article 69If the representative of a corporation, or the agent, employee or other worker of a corporation or individual commits an act of violation in provisions listed in the following items in connection with the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation is subject to a fine prescribed in those items and the individual is subject to a fine prescribed in the relevant Article:
(i)Article 63:a fine of not more than 50 million yen; and
(ii)Article 64 through the preceding Article:the fine prescribed in each of these Articles,
Article 70A person who have failed to make a report under Article 12-4, paragraph (1) or made a false report is subject to a civil fine of not more than 300,000 yen.
Article 71A person who falls under one of the following items is subject to a civil fine of not more than 100,000 yen:
(i)a person who took possession of the pathogens of livestock infectious diseases prescribed in Article 46-12, paragraph (1) without giving notification under that paragraph;
(ii)a person who failed to make a notification under Article 46-13, paragraph (2) or made a false notification; and
(iii)a person who violated an order under Article 46-12, paragraph (3).
Article 72A person who falls under one of the following items is subject to a civil fine of not more than 50,000 yen:
(i)a person who failed to make a notification under Article 46-8, paragraph (3) or made a false notification; and
(ii)a person who failed to give a notification under Article 46-12, paragraph (2).
Supplementary Provisions[Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of June 1, 1951.
(Repeal of the Former Act)
Article 2Act on the Prevention of Diseases in Livestock (Act No. 29 of 1922; hereinafter referred to as "the former Act") is repealed; provided, however, that the prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
Article 4The dispositions and other acts that administrative authorities, livestock quarantine officers, or prefectural livestock health inspectors carried out pursuant to the provisions of the former Act or orders based on it are deemed to have been made by administrative authorities, livestock quarantine officers, or prefectural livestock health inspectors, respectively, pursuant to the corresponding provisions of this Act or orders based on it.
Supplementary Provisions[Act No. 39 of March 31, 1952][Extract]
(1)This Act comes into effect as of April 1, 1952.
Supplementary Provisions[Act No. 114 of August 1, 1953][Extract]
(Effective Date)
(1)This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 213 of August 15, 1953][Extract]
(1)This Act comes into effect as of September 1, 1953.
(2)Permissions, approvals and other dispositions under laws or regulations before the enforcement of this Act, or applications, notifications and other procedures under laws or regulations before the enforcement of this Act are deemed to be dispositions or procedures, respectively, implemented on the basis of the corresponding provisions after the amendment.
Supplementary Provisions[Act No. 180 of August 27, 1955][Extract]
(1)The effective date of this Act is prescribed by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions[Act No. 28 of March 24, 1956][Extract]
(1)This Act comes into effect as of from April 1, 1956.
(4)The prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
Supplementary Provisions[Act No. 131 of June 6, 1956][Extract]
(Effective Date)
(1)This Act comes into effect as of the day on which 30 days have elapsed from the date of promulgation.
Supplementary Provisions[Act No. 161 of September 15, 1962][Extract]
(1)This Act comes into effect as of October 1, 1962.
(2)Unless otherwise provided in these Supplementary Provisions, provisions after amendment under this Act also apply to dispositions that government agencies made before the enforcement of this Act, inaction of government agencies to applications made before the enforcement of this Act, and other particulars arising before the enforcement of this Act; provided, however, that validity arising under provisions prior to amendment by this Act is not precluded.
(3)Prior laws continue to govern the filing of petitions, applications for examination, objections, and other appeals before the enforcement of this Act (hereinafter referred to as "petitions"), even after this Act comes in effect. The same applies to the filing of petitions if the parties are still dissatisfied with administrative determinations, decisions and other dispositions (hereinafter referred to as "administrative determinations") on petitions that they filed before the enforcement of this Act, or with administrative determinations passed after the enforcement of this Act concerning petitions that they filed before the enforcement of this Act.
(4)For the provisions of Acts other than the Administrative Complaint Review Act to be applied, petitions prescribed in the preceding paragraph concerning dispositions that may be subject to appeals under the Administrative Complaint Review Act after the enforcement of this Act are deemed to be appeals under the Administrative Complaint Review Act.
(5)Administrative determinations on the filing of applications for examination, objections, and other appeals under paragraph (3) after the enforcement of this Act may not be subject to appeals under the Administrative Complaint Review Act.
(6)The period in which appeals under the Administrative Appeals Act may be filed against dispositions that government agencies made before the enforcement of this Act, which are open to petitions under provisions prior to amendment by this Act, and for which no period of filing has been specified, commences from the date on which this Act comes into effect.
(8)Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
(9)Beyond what is provided for in the preceding eight paragraphs, necessary transitional measures concerning the enforcement of this Act are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 103 of June 5, 1971]
(1)This Act comes into effect as of the day on which three months have elapsed from the date of promulgation; provided, however, that the provisions amending Article 58, paragraph (1) (excluding the part adding the phrase ", Johne's disease" after "tuberculosis") and the provisions of the following paragraph come into effect as of the date of promulgation.
(2)Prior laws continue to govern allowances that have been granted, before the date on which the amending provisions referred to in the proviso to the preceding paragraph come into effect, to the owners of livestock falling under the category of affected livestock prescribed in Article 58, paragraph (1), item (i) or (ii) of the Act on the Prevention of Infectious Diseases in Livestock before amendment.
(3)Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
Supplementary Provisions[Act No. 130 of December 31, 1971][Extract]
(Effective Date)
(1)This Act comes into effect as of the date of effectuation of the Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands.
Supplementary Provisions[Act No. 29 of May 7, 1975]
This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 87 of July 5, 1978][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 37 of May 18, 1985][Extract]
(Effective Date)
(1)This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 80 of December 19, 1989][Extract]
(Effective Date)
(1)This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
(7)Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
Supplementary Provisions[Act No. 34 of April 11, 1997]
(Effective Date)
Article 1This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Article 1 come into effect as of April 27, 1997.
(Transitional Measures Upon Amendment under the Provisions of Article 2)
Article 2(1)Prior laws continue to govern notifications and reports under Article 4, paragraph (3) of the Act on the Prevention of Infectious Diseases in Livestock before amendment under the provisions of Article 2 of this Act (hereinafter referred to as "the former Act") on livestock for which notification under Article 4, paragraph (1) of the former Article has been made before the date on which this Act comes into effect (hereinafter referred to as "the effective date").
(2)If Article 7 and Article 8 of the Act on the Prevention of Infectious Diseases in Livestock after amendment under Article 2 (hereinafter referred to as "the new Act") are applied to livestock that have undergone inspection under Article 6, paragraph (1) of the former Act before the date of enforcement, the relevant livestock are deemed to have undergone inspection under Article 5, paragraph (1) of the new Act.
(3)Prior laws continue to govern inspection referred to in Article 6, paragraph (1) of the former Act for which public notice has been made before the date of enforcement under paragraph (2) of the relevant Article.
(4)Prior laws continue to govern the public notice, notification, report under Article 13, paragraph (4) of the former Act on livestock for which notification under paragraph (1) of that Article has been made before the date of enforcement, and the public notice, report and notification under paragraph (5) of that Article on the relevant livestock.
(5)Prior laws continue to govern the import of pathogens of infectious diseases in livestock for which the permission referred to in the proviso to Article 36, paragraph (1) of the former Act has already been obtained at the time this Act comes into effect.
(6)Applications for the permission referred to in the proviso to Article 36, paragraph (1) of the former Act that have already been made at the time this Act are deemed to be those that has been made pursuant to Article 36, paragraph (1) of the new Act for the permission referred to in the proviso to that paragraph, in the case of pathogens of infectious diseases in livestock listed in item (ii) of the relevant paragraph; and deemed to be notifications made pursuant to Article 36-2, paragraph (1) of the new Act, in the case of pathogens of infectious diseases in livestock referred to in the relevant paragraph.
(7)If inspection under Article 40, paragraph (1), Article 42, paragraph (2), and Article 43, paragraph (2) or (5) of the former Act has not been carried out on designated quarantine items for which notification under Article 40, paragraph (1) of the former Act, notification under Article 42, paragraph (2) of the former Act, notification under Article 43, paragraph (1) of the former Act, or notification under paragraph (5) of the relevant Article (referred to hereinafter in this paragraph as the "relevant notification") has been made before the date of enforcement, the relevant notification is deemed to be notification under Article 40, paragraph (1) of the new Act, notification under Article 42, paragraph (2) of the new Act, notification under Article 43, paragraph (1) of the new Act, or notification under paragraph (5) of the relevant Article.
(8)The provisions of Article 44 and Article 46 of the new Act apply to inspection carried out pursuant to the provisions of Article 40, paragraph (1) or (2), Article 41, Article 42, paragraph (2), or Article 43, paragraph (2) or (5) of the former Act before the date of enforcement, for which certificates of import quarantine inspection under Article 44 of the former Act have not been issued or measures under Article 46 of the former Act have not been implemented before the date of enforcement.
(9)Prior laws continue to govern the granting of allowances pursuant to the provisions of Article 58 of the former Act for affected livestock that were slaughtered pursuant to the provisions of Article 17 of the former Act before the date of enforcement, livestock suspected of being affected that were slaughtered pursuant to the provisions of Article 17 or Article 20, paragraph (1) of the former Act before the date of enforcement, dead animals or stillborn or miscarried fetuses of animals as a result of inspection, injection, dipping or medication under Article 6, paragraph (1), Article 30, paragraph (1), Article 31, paragraph (1), or Article 46, paragraph (2) of the former Act before the date of enforcement, or objects that were incinerated or buried pursuant to the provisions of Article 23 of the former Act before the date of enforcement; the sharing of expenses under Article 59 of the former Act on the carcasses of livestock or objects that were incinerated or buried pursuant to the provisions of Article 21, paragraph (1) or Article 23, paragraph (1) of the former Act before the date of enforcement; or the sharing of expenses listed in the items of Article 60 of the former Act considered necessary for prefectural governors or prefectural livestock health inspectors to execute the former Act pursuant to the provisions of the relevant Article before the date of enforcement.
(Transitional Measures Concerning Penal Provisions)
Article 3Prior laws continue to govern the application of the penal provisions to any act undertaken prior to the enforcement of this Act and to any act undertaken after the enforcement of this Act in a situation that prior laws continue to govern pursuant to the provisions of Article 2, paragraph (3) of the Supplementary Provisions.
Supplementary Provisions[Act No. 87 of July 16, 1999][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2000; provided, however, that the provisions listed in the following items come into effect as of the date specified in the relevant item:
(i)the amending provisions in Article 1 that add five articles, section headings, two subsections and subsection headings after Article 250 of the Local Autonomy Act (limited to the part relating to Article 250-9, paragraph (1) of the relevant Act (limited to the part relating to obtaining the consent of both Houses of the Diet)); the provisions in Article 40 that amend paragraphs (9) and (10) of the Supplementary Provisions of the Natural Parks Act (limited to the part relating to paragraph (10) of the relevant Supplementary Provisions); the provisions of Article 244 (excluding the part relating to the provisions amending Article 14-3 of the Agricultural Improvement Promotion Act); and the provisions of Article 472 (excluding the part relating to the provisions amending Articles 6, 8, and 17 of the Act on Special Measures on Municipal Merger); and the provisions of Article 7, Article 10, Article 12, the proviso to Article 59, Article 60, paragraphs (4) and (5), Article 73, Article 77, Article 157, paragraphs (4) through (6), Article 160, Article 163, Article 164 and Article 202 of the Supplementary Provisions:the date of promulgation.
(Affairs of the National Government)
Article 159Beyond what is provided for in various Acts prior to amendment by this Act, the affairs of the national government, other local governments and other public entities that were managed or executed by local government organs in accordance with Acts or Cabinet Orders based on them before the enforcement of this Act (referred to in Article 161 of the Supplementary Provisions as "affairs of the national government") are to be processed by local governments as the affairs of the relevant local governments in accordance with Acts or Cabinet Orders based on them, after the enforcement of this Act.
(Transitional Measures Concerning Appeals)
Article 161(1)Appeals under the Administrative Complaint Review Act concerning dispositions on affairs of the national government that were implemented before the date of enforcement, and for which there was a higher administrative authority as prescribed in the relevant Act (hereinafter referred to as "higher administrative authority" in this Article) than the administrative authority that implemented the relevant dispositions (hereinafter referred to as "administrative agency reaching the disposition" in this Article) before the date of enforcement, are deemed to have a higher government agency than the relevant disposing agency even after the date of enforcement, and the provisions of the Administrative Appeals Act are applied. In this case, the government agency deemed to be a higher government agency of the relevant disposing agency is the government agency that was the higher government agency of the relevant disposing agency before the date of enforcement.
(2)In the case referred to in the preceding paragraph, if the administrative authority deemed to be the higher administrative authority is a local government organ, the affairs to be processed by the relevant organ pursuant to the provisions of the Administrative Complaint Review Act are the type 1 statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
(Transitional Measures Concerning Penal Provisions)
Article 163Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 164Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including those concerning penal provisions) are specified by Cabinet Order.
(Review)
Article 250As well as reviews being made of the type 1 statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act from the perspective of ensuring, to the greatest extent possible, that no new functions are created, reviews are also made of the functions set forth in Appended Table 1 of the new Local Autonomy Act and functions provided for by Cabinet Order based on the new Local Autonomy Act from the perspective of promoting decentralization of authority, and these functions are to be amended as appropriate.
Article 251In order to allow local governments to execute their affairs and programs in an autonomous and independent manner, the national government is to study ways to secure and enhance local tax revenues in accordance with the division of roles between the national and local governments, while taking account of the trends in the economic situation in particular, and take necessary measures based on its results.
Supplementary Provisions[Act No. 123 of November 22, 2000]
This Act comes into effect as of the day on which 10 days have elapsed from the date of promulgation.
Supplementary Provisions[Act No. 70 of June 14, 2002][Extract]
(Effective Date)
Article 1This Act comes into effect as of the day on which 20 days have elapsed from the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 7Prior laws continue to govern the application of penal provisions to acts committed before this Act comes into effect as well as any acts committed after this Act comes into effect in cases that prior laws continue to govern pursuant to the provisions of Article 3, paragraph (4) and the preceding Article of the Supplementary Provisions.
(Review of Administration Concerning Food Safety)
Article 8Taking into account the fact that it was impossible to prevent the outbreak of bovine spongiform encephalopathy, the national government is to consider a radical revision of the administration concerning the safety of food from production to consumption, with a view to strengthening coordination among relevant ministries and agencies.
Supplementary Provisions[Act No. 100 of July 31, 2002]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002).
(Transitional Measures Concerning Penal Provisions)
Article 2Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 3Beyond what is prescribed in the preceding Article, necessary transitional measures concerning the enforcement of this Act are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 152 of December 13, 2002][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Act on Utilization of Information and Communications Technology in Administrative Procedure (Act No. 151 of 2002).
(Transitional Measures Concerning Penal Provisions)
Article 4Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 5Beyond what is prescribed in the preceding three paragraphs, necessary transitional measures concerning the enforcement of this Act are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 73 of June 11, 2003][Extract]
(Effective Date)
Article 1This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
(Review)
Article 2When five years have passed after the enforcement of this Act, the national government is to conduct a review of the state of enforcement of provisions after amendment under Articles 1 through 5, and other particulars; and if found necessary, take requisite measures based on its results.
(Transitional Measures Upon Partial Amendment of the Act on Prevention of Infectious Diseases in Livestock)
Article 3Dispositions, procedures and other acts on fowl plague prescribed in row 23 of the table in Article 2, paragraph (1) of the Act on Prevention of Infectious Diseases in Livestock before amendment under Article 5 that have been implemented before the enforcement of this Act are deemed to have been carried out as dispositions, procedures and other acts on highly pathogenic avian influenza prescribed in row 23 of the table in Article 2, paragraph (1) of the Act of Prevention of Infectious Diseases in Livestock after amendment under Article 5.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 4Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
(Delegation to Cabinet Orders)
Article 5Beyond what is prescribed in these Supplementary Provisions, necessary transitional measures concerning the enforcement of this Act are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 68 of June 2, 2004]
This Act comes into effect as of the date of promulgation; provided, however, that the provisions amending Articles 63 and 64 come into effect as of the day on which 20 days have elapsed from the date of promulgation.
Supplementary Provisions[Act No. 102 of October 21, 2005][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date of enforcement of Postal Service Privatization Act.
(Transitional Measures Concerning Penal Provisions)
Article 117Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into force; to conduct in which a person engages after this Act comes into force if prior laws continue to govern that conduct pursuant to these Supplementary Provisions; to conduct in which a person engages before the loss of effect of the provisions of Article 38-8 of the former Postal Money Order Act (but only the part with a bearing on items (ii) and (iii)) that remain in force pursuant to Article 9 of the Supplementary Provisions even after this Act comes into force; to conduct in which a person engages before the loss of effect of the provisions of Article 70 of the former Postal Transfer Act (but only the part with a bearing on items (ii) and (iii)) that remain in force pursuant to Article 13, paragraph (1) of the Supplementary Provisions even after this Act comes into force; to conduct in which a person engages before the loss of effect of the provisions of Article 8 of the former Postal Transfer Deposit Contribution Entrustment Act (but only the part with a bearing on item (ii)) that remain in force pursuant to Article 27, paragraph (1) of the Supplementary Provisions even after this Act comes into force; to conduct in which a person engages before the loss of effect of the provisions of Article 70 of the former Japan Post Public Corporation Act (but only the part with a bearing on item (ii)) that remain in force pursuant to Article 39, paragraph (2) of the Supplementary Provisions even after this Act comes into force; to conduct in which a person engages before the loss of effect of the provisions of Article 71 and Article 72 of the Former Japan Post Public Corporation Act (but only the part with a bearing on item (v)) that remain in force pursuant to Article 42, paragraph (1) of the Supplementary Provisions even after this Act comes into force; and to conduct in which a person engages before the specified date associated with the Postal Savings Bank which is prescribed in Article 104 of the Postal Services Privatization Act, if Article 2, paragraph (2) of the Supplementary Provisions is applicable.
Supplementary Provisions[Act No. 16 of April 4, 2011][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the date specified in the relevant item:
(i)the provisions amending the table of contents (limited to the portions amending "Article 12-4" to "Article 12-7", "Article 35" to "Article 35-2", and "Article 62-5" to "Article 62-6"), the provisions amending Article 3-2, the provisions adding an Article to Chapter II, the provisions adding two paragraphs to Article 21, the provisions adding an Article to Chapter III, the provisions that amend Article 52-2 to Article 52-3 and add an Article after Article 52, the provisions amending Article 53, the provisions adding two Articles after Article 60 (limited to the part relating to Article 60-3), the provisions amending Article 62-2, the provisions amending Article 62-3, the provisions that amend Article 62-5 in Chapter V to Article 62-6, the provisions amending Article 62-4, the provisions that replace Article 62-4 by Article 62-5 and add an Article following Article 62-3, and the provisions of Article 9, paragraph (4), Article 12 (limited to the provisions amending the section of the Act on Prevention of Infectious Diseases in Livestock (Act No. 166 of 1951) in Appended Table 1 of the Local Autonomy Act (Act No. 67 of 1947)), and Article 20 of the Supplementary Provisions:the date of promulgation;
(ii)the provisions amending the table of contents (excluding the parts that amend "Article 12-4" to "Article 12-7", "Article 35" to "Article 35-2", and "Article 62-5" to "Article 62-6"), provisions amending Article 5, paragraph (4), and provisions adding an article after Article 8, the provisions amending Article 12-3, the provisions amending Article 12-4, the provisions that replace the Article by Article 12-6 in Chapter II and add two articles after Article 12-3, the amending provisions that add an Article following Article 13, the provisions amending Article 25, the provisions amending Article 26, the provisions amending Article 28, the provisions amending the chapter name of Chapter IV, the provisions for adding three articles after Article 46 in that chapter, the provisions adding an item to Article 63, the provisions amending Article 64, the provisions amending Article 66, the provisions amending that Article to Article 67, the provisions amending Article 65 (excluding the part relating to Article 28-2, paragraph (1)), the provisions that amend Article 65 to Article 66 and add an Article following Article 64, the provisions for adding two Articles to the main provisions, the provisions amending Chapter VI to Chapter VII, the provisions amending Article 51, the provisions amending Article 52, the provisions amending Article 56, the provisions amending Article 61, and the provisions that amend Chapter V to Chapter VI and add a chapter after Chapter IV; and the provisions of the following Article through Article 4 of the Supplementary Provisions, Articles 6 through 8 of the Supplementary Provisions, and Article 19 of the Supplementary Provisions:the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; and
(iii)the provisions of Article 18 of the Supplementary Provisions:the date of promulgation of this Act or the date of promulgation of Act Partially Amending the Civil Code (Act No. 61 of 2011), whichever is the latest.
(Transitional Measures for Biosecurity Standards)
Article 2The biosecurity standards prescribed in Article 12-3, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock prior to the amendment by this Act (hereinafter referred to as the "former Act") which have been established or revised pursuant to the provisions of Article 12-3 of the former Act before the date on which the provisions listed in item (ii) of the preceding Article come into effect (hereinafter referred to as the "date of partial enforcement") are deemed to be the biosecurity standards established or revised pursuant to the provisions of Article 12-3 of the Act on the Prevention of Infectious Diseases in Livestock after the amendment by this Act (hereinafter referred to as the "new Act") until the day on which six months have elapsed from the date of partial enforcement (or if, by that day, the relevant the biosecurity standards have been established or revised pursuant to the provisions of Article 12-3 of the new Act, until the date of that establishment or revision).
(Transitional Measures for Recommendation and Order)
Article 3Prior laws continue to govern a recommendation under Article 12-4, paragraph (1) of the former Act and an order under paragraph (2) of that Article which have been issued prior to the date of partial enforcement.
(Transitional Measures concerning Notification of Livestock Exhibiting Symptoms Specified by the Minister of Agriculture, Forestry and Fisheries)
Article 4The provisions of Article 13-2, paragraph (1) of the new Act and the proviso to Article 13, paragraph (1) of the new Act as applied mutatis mutandis pursuant to paragraph (2) of that Article apply to a veterinarian, the owner of the relevant livestock or its carcass, or a carrier who discovers that the livestock has the symptoms referred to in Article 13-2, paragraph (1) of the new Act on or after the date of partial enforcement.
(Transitional Measures for Slaughter Disposition of Livestock)
Article 5An order given by a prefectural governor to the owner of livestock affected or livestock suspected of being affected by swine fever listed in the row 19 of the table of Article 2, paragraph (1) of the former Act or by high pathogenicity avian influenza listed in row 23 of the table pursuant to the provisions of Article 17, paragraph (1) of the former Act before the date on which this Act comes into effect (hereinafter referred to as the "enforcement date") (this is limited to the case in which the due date for the relevant order falls on or after the enforcement date) is deemed to be an instruction given by prefectural livestock health inspectors to that owner pursuant to the provisions of Article 16, paragraph (1) of the new Act.
(Transitional Measures for Possessing Pathogens of Livestock Infectious Diseases)
Article 6(1)A person who actually possesses pathogens of livestock infectious diseases prescribed in Article 46-5, paragraph (1) of the new Act (excluding the pathogens listed in the items of Article 46-22 of the new Act; hereinafter referred to as "pathogens of livestock infectious diseases" in this Article) as of the date of partial enforcement must sterilize or transfer (meaning sterilization or transfer prescribed in Article 46-11, paragraph (2) of the new Act; the same applies hereinafter) pathogens of livestock infectious diseases without delay after 30 days from the date of partial enforcement (hereinafter referred to as the "grace period" in this Article), if the person has not applied for the permission referred to in the main clause of that paragraph within that grace period; or without delay after the refusal of the application, if the permission for which the person applied during the grace period was refused.
(2)Notwithstanding the provisions of the main clause of Article 46-5, paragraph (1) of the new Act, a person who actually possesses pathogens of livestock infectious diseases as of the date of partial enforcement may possess those pathogens of livestock infectious diseases during the following period without obtaining a permission under the main clause of that paragraph. The same applies to the case in which an employee of the person possesses those pathogens in the course of their duties, and the case in which that person (including employees of that person) has entrusted another person with the transportation or sterilization (meaning sterilization prescribed in Article 46-11, paragraph (1) of the new Act; the same applies hereinafter) and that other person possesses pathogens of livestock infectious diseases subject to the entrustment for the purpose of the transportation or sterilization.
(i)the grace period;
(ii)the period until a disposition is rendered on the application for the permission referred to in the main clause of Article 46-5, paragraph (1) of the new Act that the relevant person filed during the grace period; and
(iii)during the period until the sterilization or transfer is made pursuant to the provisions of the preceding paragraph.
(3)A person who actually possesses pathogens of livestock infectious diseases on the date of partial enforcement is deemed to be a person obliged to sterilize or transfer as prescribed in Article 46-11, paragraph (2) of the new Act, and the provisions of Article 46-10 of the new Act apply.
(4)The provisions of Article 46-11, paragraphs (2) and (4) of the new Act apply mutatis mutandis to the case in which a person who actually possesses pathogens of livestock infectious diseases as of the date of partial enforcement transfers or sterilizes the relevant pathogens of livestock infectious diseases.
(5)The provisions of Article 46-17 of the new Act apply mutatis mutandis to a person who possesses pathogens of livestock infectious diseases pursuant to the provisions of paragraph (2). In this case, the phrase "of pathogens of livestock infectious diseases" in paragraph (1) of that Article is deemed to be replaced with "of pathogens of livestock infectious diseases prescribed in Article 6, paragraph (1) (hereinafter referred to as "pathogens of livestock infectious diseases" in this Article) of the Supplementary Provisions of Act partially amending Act on the Prevention of Infectious Diseases in Livestock (Act No. 16 of 2011)".
(6)A person who actually possesses pathogens of livestock infectious diseases on the date of partial enforcement is deemed to be a permission holder or other equivalent persons prescribed in Article 46-17, paragraph (1) of the new Act, and the provisions of Article 46-18 of the New Act apply.
Article 7(1)A person who violates the provisions of paragraph (1) of the preceding article is subject to imprisonment for not more than one year or a fine of not more than 300,000 yen.
(2)A person who falls under either of the following items is subject to a fine of not more than 300,000 yen:
(i)a person who violated the provisions of Article 46-11, paragraph (2) of the new Act as applied mutatis mutandis pursuant to paragraph (4) of the preceding Article; and
(ii)a person who violated an order issued under Article 46-11, paragraph (4) of the new Act as applied mutatis mutandis pursuant to paragraph (4) of the preceding Article, or issued under Article 46-17, paragraph (2) of the new Act as applied mutatis mutandis pursuant to paragraph (5) of the preceding Article.
(3)If a representative of a corporation, or an agent, employee or other workers of a corporation or an individual commits a violation under the preceding two paragraphs with regard to the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is subject to the fine referred to in the relevant paragraph.
(Transitional Measures concerning Possession of Pathogens of Notifiable Infectious Diseases or Other Diseases)
Article 8(1)Notwithstanding the provisions of the main clause of Article 46-19, paragraph (1) of the new Act, a person who actually possesses pathogens of notifiable infectious diseases or other diseases prescribed in Article 46-19, paragraph (1) of the new Act (excluding the pathogens listed in the items of Article 46-22 of the new Act; hereinafter in this paragraph referred to as " pathogens of notifiable infectious diseases or other diseases") as of the date of partial enforcement must notify the Minister of Agriculture, Forestry and Fisheries of the type of the relevant pathogens of notifiable infectious disease or other diseases, and other particulars provided for by Order of the Ministry of Agriculture, Forestry and Fisheries as referred to in the main clause of Article 46-19, paragraph (1) of the new Act within seven days from the date of partial enforcement (referred to as "grace period" in the item (i)) as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries as referred to in the main clause of that paragraph; provided, however, that this does not apply in the following cases:
(i)if a person who actually possesses pathogens of notifiable infectious diseases or other diseases as of the date of partial enforcement (excluding those prescribed in the following items through item (iv)) possesses them until the person transfer or sterilize them within the grace period;
(ii)if an organization that conducts inspection of pathogens of infectious diseases in livestock comes into possession of pathogens of notifiable infectious diseases or other diseases in association with its business prior to the date of partial enforcement, and possesses the relevant pathogens of notifiable infectious diseases or other diseases until it transfer or sterilize them on or after the date of partial enforcement as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries as referred to in Article 46-19, paragraph (1), item (i) of the new Act;
(iii)if a person possessing pathogens of notifiable infectious diseases or other diseases has entrusted a person with their transportation or sterilization before the date of partial enforcement, and that person possesses the pathogens subject to the entrustment as of the date of partial enforcement in order to transport or sterilize them; and
(iv)if an employee of a person who possesses pathogens of notifiable infectious diseases or other diseases actually possesses them in the course of their duties as of the date of partial enforcement.
(2)A notification made pursuant to the provisions of the preceding paragraph is deemed to be a notification made pursuant to the provisions of the main clause of Article 46-19, paragraph (1) of the new Act.
(Transitional Measures concerning Granting Allowances)
Article 9(1)Prior laws continue to govern the granting of allowances under Article 58, paragraph (1) of the former Act for livestock that has fallen under the category of affected livestock or livestock suspected of being affected as prescribed in Article 2, paragraph (2) of the former Act prior to the date of enforcement; for dead animals or stillborn or miscarried fetuses of animals prior to the date of enforcement as a result of inspection, injection, dipping or medication under Article 4-2, paragraph (3) or (5), Article 5, paragraph (1), Article 6, paragraph (1), Article 31, paragraph (1), or Article 46, paragraph (2) or (3) of the former Act; or for objects that have been incinerated or buried prior to the date of enforcement pursuant to the provisions of Article 23 of the former Act (excluding the case referred to in the proviso to paragraph (1) of the relevant Article; the same applies in paragraph (3), item (iii)).
(2)The provisions of Article 58, paragraph (2) of the new Act apply to affected livestock and livestock suspected of being affected that have been slaughtered on or after the enforcement date pursuant to the provisions of Article 16 of the new Act, and to objects incinerated or buried on or after the enforcement date pursuant to the provisions of Article 23 of the new Act (excluding the case referred to in the proviso to paragraph (1) of the relevant Article).
(3)Notwithstanding the provisions of the preceding paragraph, the livestock or objects listed in the following items are deemed to be the livestock or objects specified in the relevant item, and the provisions of Article 58, paragraph (2) of the new Act apply:
(i)livestock slaughtered pursuant to the provisions of Article 16 or 17 of the former Act prior to the date of enforcement due to having become affected by livestock infectious disease equivalent to the livestock infectious disease prescribed in Article 16, paragraph (1), item (i) of the new Act on or after November 2010:affected livestock prescribed in Article 58, paragraph (2), item (i) of the new Act;
(ii)livestock slaughtered pursuant to the provisions of Article 16 or 17 of the former Act prior to the enforcement date due to having become suspected to be affected by livestock infectious diseases equivalent to livestock infectious diseases prescribed in Article 16, paragraph (1), item (ii) of the new Act on or after November 2010:livestock suspected of being affected as prescribed in Article 58, paragraph (2), item (ii) of the new Act; and
(iii)objects that have been incinerated or buried pursuant to the provisions of Article 23 of the former Act prior to the date of enforcement because they have been contaminated or likely to be contaminated with pathogens of livestock infectious diseases equivalent to livestock infectious disease prescribed in Article 16, paragraph (1), item (i) of the new Act on or after November 2010:objects prescribed in Article 58, paragraph (2), item (iii) of the new Act.
(4)Even before the enforcement date, the national government may grant special allowances to the owners of livestock or objects to which the provisions of Article 58, paragraph (2) of the new Act will apply pursuant to the provisions of the preceding paragraph, following the relevant procedures prescribed in that paragraph. In this case, the special allowances that the national government has granted following the procedures prescribed in that paragraph are deemed to be the special allowances granted pursuant to the provisions of that paragraph.
(5)Prior laws continue to govern the bearing of expenses under Article 59 of the former Act on the carcasses of livestock affected or livestock suspected of being affected by Newcastle disease (limited to diseases other than those equivalent to Newcastle disease specified by Order of the Ministry of Agriculture, Forestry and Fisheries in the row 26 of the table in Article 2, paragraph (1) of the new Act; the same applies hereinafter in this Article) or objects (limited to those contaminated or likely to be contaminated with pathogens of Newcastle disease) that have been incinerated or buried pursuant to the provisions of Article 21, paragraph (1) or Article 23, paragraph (1) of the former Act prior to the enforcement date.
(6)Prior laws continue to govern the bearing of expenses under Article 60, paragraph (1) of the former Act that were required for the prefectural governor or prefectural livestock health inspectors to execute the former Act prior to the enforcement date (the relevant expenses are limited to those necessary to prevent the spread of Newcastle disease).
(7)If a prefectural governor, on or after the date of enforcement, prohibits or restricts the movement pursuant to the provisions of Article 32 of the new Act, suspends or restricts the holding of events or the operations pursuant to the provisions of Article 33 of the new Act, or suspends or restricts the grazing, insemination, or slaughtering, or the hatching of eggs pursuant to the provisions of Article 34 of the new Act, the provisions of Article 60, paragraph (2) of the New Act apply to the bearing of expenses related to a decrease in sales of domestic animal, carcasses, or objects, or an increase in feed costs or other costs for storage, transportation, or disposal which resulted from that prohibition, suspension, or restriction.
(Transitional Measures regarding Penalties)
Article 10Prior laws continue to govern the application of penalties to acts committed prior to the enforcement of this Act (or in the case of the provisions listed in Article 1, item (ii) of the Supplementary Provisions, prior to the enforcement of those provisions) and acts committed after the date of partial enforcement in the case that are to continue to be governed by prior laws pursuant to the provisions of Article 3 of the Supplementary Provisions.
(Review)
Article 11When five years have elapsed since the enforcement of this Act, the national government is to take into consideration the state of enforcement of the provisions amended by this Act, and if found necessary, conduct a review on the provisions concerned and take any necessary measures based on the results of the review.
(Delegation to Cabinet Order)
Article 20Beyond what is prescribed in these Supplementary Provisions, necessary transitional measures concerning the enforcement of this Act are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 35 of May 2, 2011][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the day of promulgation.
Supplementary Provisions[Act No. 61 of June 3, 2011][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation (referred to as the "date of enforcement"); provided, however, that the provisions listed in the following items come into effect as of the date specified in the relevant item:
(i)Omission; and
(ii)provisions of Article 22 of the Supplementary Provisions:the date of enforcement, or the date of enforcement of the provisions listed in Article 1, item (ii) of the Supplementary Provisions of the Act Partially Amending the Act on the Prevention of Infectious Diseases in Livestock (Act No. 16 of 2011), whichever comes later.
Supplementary Provisions[Act No. 30 of May 8, 2012][Extract]
(Date of Enforcement)
Article 1This Act comes into force as from the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation; provided, however, that the following provisions come into force as from the day of promulgation: the provisions of Article 1 (excluding provisions amending the phrase "Chapter VI the Postal Service Company, Limited / Section 1 Establishment (Article 70 to Article 72) / Section 2 Special Provisions of the Postal Service Company, Limited Act concerning Establishment (Article 73 and Article 74) / Section 3 Special Provisions concerning Operations during the Transition Period (Article 75 to Article 78) / Chapter VII Post Office Company, Limited" in the table of contents of the Postal Service Privatization Act to "Chapter VI Deletion / Chapter VII the Japan Post Company, Limited"; the provisions amending Article 19, paragraph (1), items (i) and (ii), Article 26, Article 61, item (i), and Chapter VI of the relevant Act; the provisions amending the phrase "Chapter VII the Post Office Corporation" in the relevant Act to "Chapter VII the Japan Post Co.; the provisions amending Article 79, paragraph (3), item (ii) and Article 83, paragraph (1) of the relevant Act; the provisions amending Articles 90 through 93 in the relevant Act; the provisions amending Article 105, paragraph (1) and item (ii) of that paragraph, and Article 110, paragraph (1), item (ii), (e) of the relevant Act; the amending provisions that add an Article following Article 110 of the relevant Act; the provisions amending Article 135, paragraph (1) and item (ii) of that paragraph, and Article 138, paragraph (2), item (iv) of the relevant Act; the amending provisions that add a new Article following Article 138 of the relevant Act; and the amending provisions that add a new section to Chapter XI of the relevant Act (limited to the part relating to Article 176-5); the provisions amending Article 180, paragraph (1), items (i) and (ii) and Article 196 of the relevant Act (excluding the part deleting item (xii)); and the provisions amending Article 2, item (ii) of the Supplementary Provisions of the relevant Act); the provisions in Article 2 that Articles 2 and 3 of the Supplementary Provisions of the Act on the Japan Post Holdings Company, Ltd.; the provisions of the following Article; the provisions of Article 4, Article 6, Article 10, Article 14 and Article 18 of the Supplementary Provisions; the provisions of Article 38 of the Supplementary Provisions (excluding the provisions amending Article 2, paragraph (1), Article 49, Article 55, and Article 79, paragraph (2) of the Supplementary Provisions of the Act on Arrangement of the Relevant Acts Incidental to Enforcement of the Postal Service Privatization Act (Act No. 102 of 2005); the amending provisions that delete the heading before Article 90 of the Supplementary Provisions and add the heading to that Article; and the provisions amending Article 91 and Article 95 of the Supplementary Provisions); the provisions of Articles 40 through 44 of the Supplementary Provisions; the provisions in Article 45 of the Supplementary Provisions that amend Article 3 and Article 4, item (lxxix) of the Act for Establishment of the Ministry of Internal Affairs and Communications; and provisions of Article 46 and Article 47 of the Supplementary Provisions.
(Transitional Measures Concerning Penal Provisions)
Article 46Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act (or in the case of the provisions prescribed in the proviso to Article 1 of the Supplementary Provisions, prior to the enforcement of those provisions) and acts committed after the enforcement of this Act in the cases that are to continue to be governed by prior laws pursuant to these Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 47Beyond what is provided for in these Supplementary Provisions, the transitional measures (including transitional measures regarding penal provisions) necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 84 of November 27, 2013][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation; provided, however, that the provisions of Article 64, Article 66 and Article 102 of the Supplementary Provisions come into effect as of the day of promulgation.
(Effect of Disposition)
Article 100Dispositions, procedures and other acts conducted prior to the enforcement of this Act in accordance with the provisions of the respective Acts prior to the revision, for which the corresponding provisions exist in the provisions of the respective Acts after the revision, is deemed to have been conducted in accordance with the corresponding provisions of the respective Acts after the revision, except as otherwise provided for in these Supplementary Provisions.
(Transitional Measures Concerning Penal Provisions)
Article 101Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before the effective date, and to conduct that a person engages in after the effective date in a situation that prior laws continue to govern pursuant to the provisions of this Act.
(Delegation to Cabinet Order)
Article 102Beyond what is provided for in these Supplementary Provisions, transitional measures (including transitional measures regarding penal provisions) necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 103 of December 13, 2013][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding six months from the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the date specified in the relevant item:
(i)Omission; and
(ii)the provisions of Article 17 of the Supplementary Provisions:the day of promulgation of the Act partially amending the Pharmaceutical Affairs Act, etc. (Act No. 84, 2013), or the day of promulgation of this Act, whichever is later.
Supplementary Provisions[Act No. 69 of June 13, 2014][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date of enforcement of the Administrative Complaint Review Act (Act No. 68 of 2014).
(Principle of Transitional Measures)
Article 5Except as otherwise provided for in these Supplementary Provisions, prior laws continue to govern appeals against dispositions or other actions of administrative agencies or against their inaction, if the relevant dispositions or other actions were made prior to the enforcement of this Act or the relevant inaction is on applications filed prior to the enforcement of this Act.
(Transitional Measures Concerning Litigation)
Article 6(1)Prior laws continue to govern the filing of an action with regard to particulars for which an action may be filed only after a determination, decision or any other act is made by an administrative agency in relation to an administrative appeal pursuant to the provisions of laws amended by this Act and for which the statutes of limitation for filing an action has expired before this Act comes into effect while no administrative appeal has been entered (if this administrative appeal may be entered only after a determination, decision or any other act is made by an administrative agency in relation to another administrative appeal, including particulars for which the statute of limitations for filing an action has expired before this Act comes into effect while no other administrative appeal has been entered).
(2)Prior laws continue to govern the filing of a lawsuit to overturn a disposition or other action against which an objection has been lodged pursuant to the relevant Act before its amendment by this Act (including any provisions of the relevant Act that, pursuant to the preceding Article, continue to be governed by prior laws), if it is decided, pursuant to the relevant Act after its amendment by this Act, that a lawsuit to overturn that disposition or other action may not be filed until after a determination has been reached on a request for review.
(3)Prior laws continue to govern the filing of an action for rescission of a determination, ruling, or other action by the administrative authority on an appeal, if that action has been filed prior to the enforcement of this Act.
(Transitional Measures Concerning Penal Provisions)
Article 9Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into force, and to conduct in which a person engages after this Act comes into force if prior laws are to continue to govern that conduct pursuant to Article 5 of the Supplementary Provisions and the preceding two Articles.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 10Beyond what is provided for in Article 5 through the preceding Article of the Supplementary Provisions, the transitional measures (including transitional measures regarding penal provisions) necessary in connection with the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 37 of June 14, 2019][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the day on which three months have elapsed from the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the day specified in the relevant item:
(i)the provisions of Articles 40, 59, 61, 75 (limited to the provisions amending Article 34-20 of the Child Welfare Act), 85, 102, 107 (limited to the provisions amending Article 26 of the Act on the Protection of Children pertaining to Adoption Mediation by Private Mediation Agencies), 111, 143, 149, 152, 154 (limited to the provisions amending Article 25, item (vi) of the Act on Appraisal of Real Estate) and 168, the following Article and Articles 3 and 6 of the Supplementary Provisions:the date of publication.
(Transitional Measures on Actions by Administrative Agencies)
Article 2Prior laws continue to govern dispositions and other acts that administrative agencies conducted prior to the date of enforcement of this Act (or in the case of the provisions listed in the items of the preceding Article, prior to the date of the relevant provisions; the same applies hereinafter in this Article and the following Article) based on the Act prior to the amendment by this Act or orders based on them (limited to the provisions that provide for ineligibility clauses and other measures on the restriction of rights); and the effects of disqualification arising from those provisions.
(Transitional Measures Concerning Penal Provisions)
Article 3Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect.
(Review)
Article 7The government is to study the provisions in the Companies Act (Act No.86, 2005) and the Law Concerning General Incorporated Associations and General Incorporated Foundation (Act No.48, 2006) which are restricting the qualifications of executives of corporations on the grounds that they are adult wards or persons under curatorship within one year after the promulgation of this Act, and based on the results, take necessary legislative measures such as deletion of the relevant provisions and other measures.
Supplementary Provisions[Act No. 2 of February 5, 2020][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the day of promulgation; provided, however, that the amending provisions adding the heading and Article 6 to the Supplementary Provisions (limited to the part in Article 5, paragraph (3) of the Supplementary Provisions that relates to the replacement of Article 64, item (ii), Article 66, and Article 67; and the part relating to Article 10 of the Supplementary Provisions) come into effect as of the day on which 20 days have elapsed from the day of promulgation.
(Transitional Measures in connection with the Change of the Names of Classical Swine Fever and African Swine Fever)
Article 2Disposition, procedure and other actions which are conducted prior to the enforcement of this Act on classical swine fever prescribed in raw 20 of the table in Article 2, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock prior to the amendment by this Act or on African swine fever prescribed in raw 21 of that table are deemed to have been conducted as disposition, procedure and other actions on classical swine fever prescribed in row 20 of the table in Article 2, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock (referred to as the "new Act" in the following Article) after amendment by this Act or on African swine fever prescribed in raw 21 of that table, respectively.
(Transitional Measures relating to Applicability of Penal Provision)
Article 3For Article 5, paragraph (2) of the Supplementary Provisions of the new Act to be applied during the period until the day on which 20 days have elapsed from the day of enforcement of this Act, the term "the provisions of this Act" in that paragraph is deemed to be replaced with "the provisions of this Act (excluding Article 63, item (iii)).
Supplementary Provisions[Act No. 16 of April 3, 2020][Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the date specified in the relevant item:
(i)the provisions amending table of contents (limited to the part amending "Article 62-6" to "Article 62-5"), the amending provisions that add three articles following Article 2, the amending provisions that delete Article 62-2, replace Article 62-3 with Article 62-2, and move Articles 62-4 through 62-6 up by one article, and the provisions of Article 3 and Article 7 of the Supplementary Provisions:the date of promulgation;
(ii)the amending provisions that add three articles following Article 12-3 (limited to the part relating to Article 12-3-3 and Article 12-3-4), the provisions amending Article 12-5 (limited to the part adding ", in accordance with the Biosecurity Instruction Plan" after "when"), the provisions amending Article 12-6, paragraphs (1) and (2) (limited to the part adding ", in accordance with the biosecurity instruction plan" after "when"), the provisions amending Article 12-7 (limited to the part amending "measures taken by the prefectural governor pursuant to the provisions of the preceding two Articles" to "biosecurity instruction plan"), and the provisions of Article 4, paragraph (3) of the Supplementary Provisions:the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation; and
(iii)the provisions amending Article 31, the provisions amending Article 46, paragraph (1) (limited to the part amending "paragraph (2) of the relevant Article" to "paragraph (3) of the relevant Article"), the provisions amending Article 47 (limited to the part adding "or paragraph (2)" after "Article 31, paragraph (1)"), and the provisions amending Article 60, paragraph (1) and Article 61:April 1, 2021
(Transitional Measures Accompanying Changes in the Names of Infectious Diseases in Livestock)
Article 2Dispositions, procedures or other actions which is conducted prior to the date of enforcement of this Act (hereinafter referred to as the "date of enforcement") on vesicular stomatitis prescribed in raw 6 of the table in Article 2, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock before the amendment by this Act (hereinafter referred to as the "former Act"), brucellosis prescribed in raw 10 of that table, tuberculosis prescribed in the raw 11 of that table, piroplasmosis prescribed in raw 13 of that table, anaplasmosis prescribed in raw 14 of that table, swine vesicular disease prescribed in raw 22 of that table, or salmonella infection of livestock prescribed in raw 27 of that table are deemed to have been conducted as dispositions, procedures or other actions on vesicular stomatitis prescribed in raw 6 of the table in Article 2, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock after the amendment by this Act (hereinafter referred to as the "new Act"), brucellosis prescribed in raw 10 of that table, tuberculosis prescribed in raw 11 of that table, piroplasmosis prescribed in raw 13 of that table, anaplasmosis prescribed in raw 14 of that table, swine vesicular disease prescribed in raw 22 of that table, or avian salmonellosis in raw 27 of that table 27, respectively.
(Preparatory Action)
Article 3(1)The Minister of Agriculture, Forestry and Fisheries may hear the opinions of the Council for Food, Agriculture and Rural Area Policy, and hear the opinions of prefectural governors in order to prepare the guidelines for the prevention of specific livestock infectious diseases as provided in Article 3-2 paragraph (1) of the new Act, even before the date of enforcement.
(2)The Minister of Agriculture, Forestry and Fisheries may hear the opinions of the Food, Agriculture and Rural Area Policy Council even before the day of enforcement of the provisions listed in Article 1, item (ii) of the Supplementary Provisions (referred to as the "date of partial enforcement" in paragraph (3) of the following Article) in order to prepare the guidelines for the prevention of specific livestock infectious diseases as provided in Article 12-3-3, paragraph (1) of the new Act.
(Transitional Measures Concerning Order)
Article 4(1)The provisions of Article 12-6 paragraph (2) of the Act on the Prevention of Infectious Diseases in Livestock after the amendment by the provisions amending Article 12-6 paragraph (2) (excluding the part adding ", in accordance with the biosecurity instruction plan" after "when") apply to orders issued on and after the date of enforcement pursuant to the provisions of the relevant paragraph, and prior laws continue to govern orders that are issued prior to the date of enforcement pursuant to the provisions of Article 12-6 paragraph (2) of the relevant Act prior to the amendment by the relevant amending provisions.
(2)The provisions of Article 12-6, paragraph (3) of the new Act apply to an order under paragraph (2) of that Article issued on or after the date of enforcement.
(3)The provisions of Article 12-6 paragraph (2) of the Act on the Prevention of Infectious Diseases in Livestock after the amendment by the provisions amending Article 12-6 paragraph (2) (excluding the part adding ", in accordance with the biosecurity instruction plan" after "when") apply to orders under the relevant paragraph issued on and after the date of partial enforcement, and prior laws continue to govern orders that are issued prior to the date of partial enforcement pursuant to the provisions of Article 12-6 paragraph (2) of the relevant Act prior to the amendment by the relevant amending provisions.
(Transitional Measures in Connection with Deletion of Special Provisions Concerning African Swine Fever)
Article 5Prior laws continue to govern dispositions and other actions that administrative agencies made prior to the effective date based on the provisions of Articles 5 through 9 of the Supplementary Provisions of the former Act or based on the provisions of orders under these provisions.
(Transitional Measures Concerning Penal Provisions)
Article 6Prior laws continue to govern the applicability of penal provisions to actions committed prior to the enforcement of this Act (or in the case of the provisions listed in Article 1, item (ii) of the Supplementary Provisions, prior to the enforcement of those provisions; hereinafter the same applies hereinafter in this Article) and actions committed after the enforcement of this Act in cases that are to continue to be governed by prior laws pursuant to the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 7Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 8When five years have elapsed since the enforcement of this Act, the national government is to take into consideration the state of enforcement of the provisions amended by this Act, and if found necessary, conduct a review on the provisions concerned and take any necessary measures based on the results the review.