Poultry Slaughtering Business Control and Poultry Meat Inspection Act(Act No. 70 of 1990)
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History
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▶Main Provision
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August 15, 2024
- Last Version:
- Translated Date: November 1, 2023
- Dictionary Version: 16.0
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December 20, 2023
- Last Version:
- Translated Date: November 1, 2023
- Dictionary Version: 16.0
Poultry Slaughtering Business Control and Poultry Meat Inspection Act
Act No. 70 of June 29, 1990
Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II License for Poultry Slaughtering Business (Articles 3 to 10)
Chapter III Rules to Be Observed by Poultry Slaughterers (Articles 11 to 14)
Chapter IV Poultry Meat Inspection (Articles 15 to 20)
Chapter V Designated Inspection Body (Articles 21 to 35)
Chapter VI Miscellaneous Provisions (Articles 36 to 44)
Chapter VII Penal Provisions (Articles 45 to 50)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to establish regulations and take other measures necessary from the viewpoint of public health concerning the poultry slaughtering business and to establish a system for poultry meat inspection in order to prevent sanitation hazards arising from poultry meat, etc., thereby protecting people's health.
(Responsibilities of the National Government and Prefectures)
Article 1-2Taking the actual status of poultry production and the status of disease occurrence in poultry into consideration, the national government, prefectures, and cities as specified by Cabinet Order pursuant to the provisions of Article 5, paragraph (1) of the Community Health Act (Act No. 101 of 1947) (referred to below as "cities with health centers") and special wards must take necessary measures to prevent sanitation hazards arising from poultry meat, etc.
(Definitions)
Article 2In this Act, the meanings of the terms stated in the following items are as prescribed respectively in those items:
(i)poultry: chicken, duck, turkey, and other poultry that are commonly served for human consumption as specified by Cabinet Order;
(ii)poultry carcass: slaughtered and feather-plucked poultry before organs are removed;
(iii)eviscerated poultry carcass: poultry carcass with its organs removed;
(iv)poultry meat, etc.: meat, organs, bones, and skin of poultry after the organs are removed;
(v)poultry slaughtering: any of the following acts:
(a)slaughtering and plucking feathers of poultry; or
(b)removing organs from poultry carcass;
(vi)poultry slaughterhouse: a facility established for performing poultry slaughtering.
Chapter II License for Poultry Slaughtering Business
(License for Poultry Slaughtering Business)
Article 3For each poultry slaughterhouse, a person who intends to operate the poultry slaughtering business must obtain a license from the prefectural governor with jurisdiction over the location of the poultry slaughterhouse (if it is located in a city with a health center or in a special ward area; the mayor of the city with a health center or of the special ward; the same applies below).
(Application for License)
Article 4(1)A person who intends to obtain a license under the preceding Article must submit a written application indicating the following matters to the prefectural governor with jurisdiction over the location of the poultry slaughterhouse:
(i)the name and address of the person or corporation, as well as the name of its representative in the case of a corporation;
(ii)name and location of the poultry slaughterhouse;
(iii)types of the poultry to be slaughtered; and
(iv)an overview of the building and equipment of the poultry slaughterhouse.
(2)Drawings of the poultry slaughterhouse and other documents indicating matters specified by Order of the Ministry of Health, Labour and Welfare must be attached to the written application stated in the preceding paragraph.
(Criteria for License)
Article 5(1)A prefectural governor must not grant a license under Article 3 if the person applying for the license under the same Article falls under any of the following items:
(i)a person who has been sentenced to punishment for violating this Act or any order or disposition under it and for which two years have not yet elapsed since the day on which the person completed the sentence or ceased to be subject to the sentence;
(ii)a person whose license has been revoked pursuant to the provisions of Article 8 or 9 and for which two years have not yet elapsed since the day of revocation;
(iii)a person specified by Order of the Ministry of Health, Labour and Welfare as being unable to properly perform the poultry slaughtering business owing to mental or physical disorder; or
(iv)a corporation with any of its officers engaged in its business falling under any of the preceding three items.
(2)A prefectural governor must not grant a license under Article 3 if the building or equipment of the poultry slaughterhouse related to the application for the license under the same Article is not considered to satisfy the criteria specified by Order of the Ministry of Health, Labour and Welfare.
(Permission for Changes)
Article 6(1)A person who has obtained a license under Article 3 (referred to below as a "poultry slaughterer") must obtain permission from the prefectural governor when seeking a change to the building or equipment of the poultry slaughterhouse related to the license under the Article (simply referred to below as the "poultry slaughterhouse"); provided, however, that this does not apply to minor changes specified by Order of the Ministry of Health, Labour and Welfare.
(2)The provisions in paragraph (2) of the preceding Article are applied mutatis mutandis to the permission in the preceding paragraph.
(3)When a change has been made to matters stated in Article 4, paragraph (1), items (i) through (iii) or when a minor change specified by Order of the Ministry of Health, Labour and Welfare as referred to in the proviso to paragraph (1) has been made, the poultry slaughterer must notify the prefectural governor of the change without delay.
(Succession)
Article 7(1)When a poultry slaughterer transfers the poultry slaughtering business, or when the poultry slaughterer is succeeded, merged or split (limited to the succession of the relevant poultry slaughtering business), the assignee of the business or the heir (when there are two or more heirs, and one particular heir has been selected as the successor to the relevant poultry slaughtering business with the consent of all the heirs; the selected heir), the corporation that survives the merger or is established through the merger, or the corporation that succeeds to the business through the split, succeeds to the status of the poultry slaughterer.
(2)The person or corporation who has succeeded to the status of the poultry slaughterer pursuant to the provisions of the preceding paragraph must notify the prefectural governor to that effect without delay, by attaching a document that certifies the fact.
(Revocation of License for Poultry Slaughtering Business)
Article 8If a poultry slaughterer falls under any of the following items, a prefectural governor may revoke the license under Article 3 or order the poultry slaughterer to suspend the whole or part of the relevant poultry slaughtering business for a specified time period not longer than six months:
(i)when the poultry slaughterer has violated this Act or any order or disposition under it;
(ii)when the poultry slaughterer has come to fall under Article 5, paragraph (1), item (i), (iii), or (iv); or
(iii)when the poultry slaughterer has violated the conditions for the permission attached under the provisions of Article 36, paragraph (1).
Article 9If the poultry slaughterhouse of a poultry slaughterer no longer conforms to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in Article 5, paragraph (2), a prefectural governor may order the poultry slaughterer to improve the environment of the poultry slaughterhouse or may prohibit the use of the whole or part of the poultry slaughterhouse until the environment is improved, or, may revoke the license under Article 3, or may order the poultry slaughterer to suspend the whole or part of the relevant poultry slaughtering business for a specified time period not longer than six months.
(Prohibition on Lending One's Name)
Article 10A poultry slaughterer must not have another person engage in the poultry slaughtering business under the name of the poultry slaughterer.
Chapter III Rules to Be Observed by Poultry Slaughterers
(Criteria for Sanitation Management)
Article 11(1)The Minister of Health, Labour and Welfare is to establish criteria for the following matters related to the sanitary management of poultry slaughterhouses, the sanitary handling of poultry, a poultry carcass, an eviscerated poultry carcass, poultry meat, and other things, and other measures necessary for public health (referred to below as "measures necessary for public health" in the following paragraph) under Order of the Ministry of Health, Labour and Welfare:
(i)matters concerning the maintenance of cleanliness of the interior and exterior of the poultry slaughterhouse, extermination of rats and insects, and other general sanitation management; and
(ii)matters concerning measures to manage particularly important processes to prevent food sanitation hazards (in the case of a poultry slaughterer who has obtained the certification under Article 16, paragraph (1); initiatives in accordance with the number of poultry birds subject to poultry slaughtering).
(2)A poultry slaughterer must establish and comply with measures necessary for public health in accordance with the criteria established under the provisions of the preceding paragraph and in a manner pursuant to Order of the Ministry of Health, Labour and Welfare.
(Poultry Slaughtering Sanitation Manager)
Article 12(1)A poultry slaughterer must appoint a poultry slaughtering sanitation manager for each poultry slaughterhouse pursuant to Order of the Ministry of Health, Labour and Welfare, in order to ensure the sanitary management of poultry slaughtering.
(2)In order to prevent a violation of this Act or any order or disposition under it in relation to poultry slaughtering, a poultry slaughtering sanitation manager must supervise personnel engaged in poultry slaughtering, manage the building and equipment of the poultry slaughterhouse, and take other necessary precautions concerning poultry slaughtering.
(3)In order to prevent a violation of this Act or any order or disposition under it in relation to poultry slaughtering, a poultry slaughtering sanitation manager must express necessary opinions to the poultry slaughterer with regard to poultry slaughtering.
(4)The poultry slaughterer must respect the opinions of the poultry slaughtering sanitation manager expressed under the provisions of the preceding paragraph.
(5)Only a person falling under at least one of the following items may become a poultry slaughtering sanitation manager:
(i)a veterinarian;
(ii)a person who has graduated from a university under the School Education Act (Act No. 26 of 1947), a university under the former University Order (Imperial Order No. 388 of 1918) or a vocational training college under the former Vocational Training College Order (Imperial Order No. 61 of 1903) after completing a course in veterinary medicine or animal science (including a person who has completed that course and has completed the first semester course of a professional university under that Act);
(iii)a person who has completed the specified course at a training institute for poultry slaughtering sanitation managers registered with a prefectural governor; or
(iv)a person prescribed by Article 57 of the School Education Act, or a person deemed to have equal or higher academic ability than the abovementioned persons pursuant to Order of the Ministry of Health, Labour and Welfare, who has been engaged in poultry slaughtering operations for three years or more and has completed the courses of training sessions registered with a prefectural governor.
(6)When the poultry slaughterer appoints a poultry slaughtering sanitation manager, the poultry slaughterer must notify the prefectural governor of the name of the poultry slaughtering sanitation manager and other matters specified by Order of the Ministry of Health, Labour and Welfare within fifteen days from the day of appointment. The same applies when the poultry slaughterer has changed the poultry slaughtering sanitation manager.
(7)Necessary matters concerning the registration of training institutes in paragraph (5), item (iii) and training sessions in item (iv) of that paragraph are specified by Cabinet Order; subjects and other necessary matters concerning training institutes in item (iii) of that paragraph and the courses of training sessions in item (iv) of that paragraph are specified by Order of the Ministry of Health, Labour and Welfare.
Article 13A prefectural governor may order the poultry slaughterer to dismiss a poultry slaughtering sanitation manager if the poultry slaughtering sanitation manager falls under any of the following items and is considered unsuitable to continue carrying out their duties:
(i)when the poultry slaughtering sanitation manager has violated this Act or any order or disposition under it;
(ii)when the poultry slaughtering sanitation manager has neglected the duties prescribed by the preceding Article, paragraph (2); or
(iii)when the matters related to verification under Article 15, paragraph (7) do not conform to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in that paragraph.
(Notification of Suspension or Discontinuation)
Article 14When a poultry slaughterer discontinues or suspends a poultry slaughterhouse, or resumes operations after suspending a poultry slaughterhouse, the poultry slaughterer must notify the prefectural governor to that effect without delay.
Chapter IV Poultry Meat Inspection
(Poultry Meat Inspection)
Article 15(1)When a poultry slaughterer intends to slaughter poultry, the poultry slaughterer must undergo inspection conducted by the prefectural governor regarding the condition of the living poultry.
(2)When a poultry slaughterer intends to remove organs from a poultry carcass, the poultry slaughterer must undergo inspection conducted by the prefectural governor regarding the condition of the surface of the poultry carcass (referred to below as "post-plucking inspection").
(3)When a poultry slaughterer has removed organs from a poultry carcass, the poultry slaughterer must undergo inspection conducted by the prefectural governor regarding the condition of the organs and the inner face of the body walls of the eviscerated poultry carcass (referred to below as "post-evisceration inspection").
(4)Inspection under the provisions of the preceding three paragraphs is performed to determine the presence or absence of the following:
(i)livestock infectious diseases prescribed in Article 2, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock (Act No. 166 of 1951) and notifiable infectious diseases prescribed in Article 4, paragraph (1) of the same act;
(ii)diseases other than those stated in the preceding item that are specified by Order of the Ministry of Health, Labour and Welfare; and
(iii)adhesion of lubricating oil or other abnormalities specified by Order of the Ministry of Health, Labour and Welfare.
(5)If the building and equipment of a poultry slaughterhouse conforms to the requirements specified by Order of the Ministry of Health, Labour and Welfare, the poultry slaughterer may undergo post-plucking inspection at the same time as post-evisceration inspection, notwithstanding the provisions of paragraph (2).
(6)In addition to those stated in the preceding two paragraphs, the inspections prescribed in paragraphs (1) through (3) (collectively referred to below as "poultry meat inspection") are conducted in the methods and procedures specified by Order of the Ministry of Health, Labour and Welfare.
(7)When a poultry slaughterer has a poultry slaughtering sanitation manager for whom notification has been made under the provisions of Article 12, paragraph (6) perform the verification of conformity to the criteria specified by Order of the Ministry of Health, Labour and Welfare regarding the condition of the surface of the poultry carcass or the condition of the organs and the inner face of the body walls of the eviscerated poultry carcass, pursuant to Order of the Ministry of Health, Labour and Welfare, the prefectural governor may simplify the methods for post-plucking inspection and post-evisceration inspection, pursuant to Order of the Ministry of Health, Labour and Welfare.
(Special Rules for Poultry Meat Inspection Related to Certified Small-scale Poultry Slaughterers)
Article 16(1)For verification prescribed in paragraph (5) related to poultry, a poultry slaughterer with a number of poultry birds to be slaughtered in one poultry slaughterhouse that is equal to or below the number specified by Cabinet Order may formulate verification rules that state methods for verification and other matters specified by Order of the Ministry of Health, Labour and Welfare and submit these rules to the prefectural governor to obtain certification that these verification rules comply with the criteria specified by Order of the Ministry of Health, Labour and Welfare.
(2)A poultry slaughterer who has obtained the certification under the preceding paragraph (referred to below as a "certified small-scale poultry slaughterer") must obtain approval from the prefectural governor when seeking a change to the verification rules.
(3)The provisions of paragraphs (1) through (3) of the preceding Article do not apply to poultry slaughtering by a certified small-scale poultry slaughterer at the poultry slaughterhouse related to the certification.
(4)A certified small-scale poultry slaughterer must perform poultry slaughtering within a range in which the number of poultry birds to be slaughtered does not exceed the number specified by Cabinet Order at the poultry slaughterhouse subject to the certification.
(5)For poultry slaughtering at a poultry slaughterhouse related to the certification, a certified small-scale poultry slaughterer must have a poultry slaughtering sanitation manager perform the verification of conformity to the criteria specified by Order of the Ministry of Health, Labour and Welfare, regarding the condition of the living poultry, the condition of the surface of the poultry carcass, or the condition of the organs and the inner face of the body walls of the eviscerated poultry carcass (in the case of the transfer of poultry carcass specified in items (iii) through (v) of the following Article, the organs and the inner face of the body walls of the transferred eviscerated poultry carcass) by methods specified in the verification rules (if a change has been approved under the provisions of paragraph (2); the changed rules), pursuant to Order of the Ministry of Health, Labour and Welfare.
(6)A prefectural governor may order the a certified small-scale poultry slaughterer to dismiss a poultry slaughtering sanitation manager if matters related to verification prescribed in the preceding paragraph do not conform to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in that paragraph, and the poultry slaughtering sanitation manager who has performed the verification is considered unsuitable to continue carrying out the verification prescribed in that paragraph.
(7)A certified small-scale poultry slaughterer must report the status of verification prescribed in paragraph (5) to the prefectural governor, pursuant to Order of the Ministry of Health, Labour and Welfare.
(8)When a certified small-scale poultry slaughterer notifies the prefectural governor of the abolition of verification rules, the certification for the rules ceases to be effective on the date specified by the prefectural governor which is up until April 1 of the year following the year in which the notification is made (if the notification is made in January, February, or March; on April 1 of the same year).
(9)A prefectural governor provides certified small-scale poultry slaughterers with technical guidance and advice necessary for the proper implementation of the verification prescribed in paragraph (5).
(Prohibition of Carrying Out)
Article 17(1)Any person must not carry a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. out of the poultry slaughterhouse until after the poultry meat inspection has been passed or until after conformity to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in paragraph (5) of the preceding Article has been verified pursuant to that paragraph; provided, however, that this does not apply to the cases falling under any of the following items:
(i)when an employee of the prefecture (in a city with a health center or in a special ward, the city or special ward; the same applies below) or the inspector prescribed in Article 25, paragraph (2) carries out part of a poultry carcass, eviscerated poultry carcass or poultry meat, etc. in cases considered necessary for poultry meat inspection;
(ii)when an employee of the prefecture removes part of a poultry carcass, eviscerated poultry carcass, or amount of poultry meat, etc. pursuant to the provisions of Article 38, paragraph (1);
(iii)when a poultry slaughterer (excluding certified small-scale poultry slaughterer; the same applies below in the following item) transfers a poultry carcass passing post-plucking inspection to a certified small-scale poultry slaughterer;
(iv)when a poultry slaughterer transfers a poultry carcass passing post-plucking inspection to a processed meat sales business operator who runs a processed meat sales business and has submitted a prior notification to the prefectural governor with jurisdiction over its office pursuant to Order of the Ministry of Health, Labour and Welfare (referred to below as a "notified processed meat sales business operator");
(v)when a certified small-scale poultry slaughterer transfers a poultry carcass to another certified small-scale poultry slaughterer, after having a poultry slaughtering sanitation manager perform the verification prescribed in paragraph (5) referred to in the preceding Article concerning conformity to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in that paragraph, regarding the condition of the living poultry and the condition of the surface of the poultry carcass.
(vi)when a poultry carcass, eviscerated poultry carcass, or amount of poultry meat, etc. not passing poultry meat inspections, or a poultry carcass, eviscerated poultry carcass, or amount of poultry meat, etc., that is verified pursuant to paragraph (5) of the preceding Article as not conforming to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in that paragraph is carried out by the poultry slaughterer in order to perform disinfection, disposal, or measures for preventing its human consumption prescribed in Article 19, or by an employee of the prefecture in order to perform disposal or other measures prescribed in Article 20, item (iii); or
(vii)when otherwise specified by Cabinet Order to not have sanitary concerns.
(2)A notified processed meat sales business operator must not transfer a poultry carcass passing post-plucking inspection to any person other than a certified small-scale poultry slaughterer.
(Prohibition of Transfer)
Article 18(1)No person may accept the transfer of a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. slaughtered in a place other than a poultry slaughterhouse, or of a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. carried out of a poultry slaughterhouse in violation of the provisions of the preceding Article, for the purpose of sale (including its supply to many and unspecified persons for a purpose other than sale; the same applies below in the following paragraph) as food.
(2)No person other than a certified small-scale poultry slaughterer may accept the transfer of a poultry carcass passing post-plucking inspection from a notified processed meat sales business operator for the purpose of sale as food.
(Disposal)
Article 19The poultry slaughterer must disinfect, dispose of, or take measures for preventing the human consumption of poultry, a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. not passing poultry meat inspections, or poultry, a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. verified pursuant to Article 16, paragraph (5), as not conforming to the criteria specified by Order of the Ministry of Health, Labour and Welfare as referred to in that paragraph, without delay, pursuant to the Order of the Ministry of Health, Labour and Welfare.
Article 20A prefectural governor may take the following measures to the extent necessary for public health, when finding that poultry is not suitable for human consumption because the poultry prescribed in the preceding Article suffers from disease, because the poultry carcass, eviscerated poultry carcass, or poultry meat, etc. prescribed in that Article is related to poultry suffering from disease, or because the poultry, poultry carcass, eviscerated poultry carcass, or poultry meat, etc. prescribed in that Article shows abnormality, or when finding that the transmission of disease may be caused by the poultry, poultry carcass, eviscerated poultry carcass, or poultry meat, etc. prescribed in that Article, or by the slaughter, plucking, or evisceration of poultry prescribed in that Article; provided, however, that this does not apply to cases in which the following purposes are achieved by the measures for disinfection, disposal, or the prevention of human consumption prescribed in that Article:
(i)prohibition of the slaughter, feather-plucking, or evisceration of the poultry;
(ii)ordering of the segregation of the poultry, the disinfection of the interior of the poultry slaughterhouse, or other measures to be taken by the owner or manager of the poultry, the poultry slaughterer, or other relevant persons; or having the employees take these measures; and
(iii)having the employees dispose of or take other measures for the poultry, poultry carcass, eviscerated poultry carcass, or poultry meat, etc.
Chapter V Designated Inspection Body
(Designation as Designated Inspection Body)
Article 21(1)A prefectural governor may designate an entity (referred to below as a "designated inspection body") to have it conduct the whole or part of poultry meat inspections.
(2)The designation under the preceding paragraph is made through application by a person intending to conduct poultry meat inspections.
(3)A prefectural governor does not conduct the whole or part of the poultry meat inspections if the whole or part of the poultry meat inspections are delegated to the designated inspection body pursuant to paragraph (1).
(Criteria for Designation)
Article 22(1)A prefectural governor must not grant designation under paragraph (1) of the preceding Article unless the application under paragraph (2) of that Article is considered to satisfy the following criteria:
(i)the plans for the implementation of the poultry meat inspection operations concerning the employees, equipment, the methods for the implementation of the poultry meat inspections, and other related matters are appropriate for the proper and effective implementation of the poultry meat inspection operations;
(ii)the entity has adequate basic accounting capabilities and technical skills for the proper and effective implementation of the plans for the implementation of the poultry meat inspection operations referred to in the preceding item; and
(iii)if the entity also implements operations other than poultry meat inspections, there is no risk that its implementation causes unfair poultry meat inspection operations.
(2)A prefectural governor must not grant designation under paragraph (1) of the preceding Article if the person submitting the application under paragraph (2) of that Article falls under any of the following items:
(i)a person other than of a general incorporated association or general incorporated foundation;
(ii)a person who has been sentenced to punishment for violating this Act or any order or disposition under it, and for which two years have not yet elapsed since the day on which the person served out the sentence or ceased to be subject to the sentence;
(iii)a person whose designation has been revoked pursuant to the provisions of Article 33, paragraph (1) or (2), and for which two years have not yet elapsed since the day of revocation; or
(iv)any of the officers of the applicant falling under any of the preceding three items:
(a)a person falling under item (ii); or
(b)a person who has been dismissed by the order under the provisions of Article 26, paragraph (3) and for which two years have not yet elapsed since the day of dismissal.
(Public Notice of Designation)
Article 23(1)When a prefectural governor grants designation under Article 21, paragraph (1), the governor must issue a public notice indicating the name of the designated inspection body, the location of the principal office, the date of the designation, the location of the office where the poultry meat inspection operations are performed, and the poultry meat inspection operations to be performed by the inspection body.
(2)When the designated inspection body intends to make a change to its name, the location of its principal office, or the location of the office where the poultry meat inspection operations related to the designation are performed, it must notify the prefectural governor of the planned change related to the designation no later than two weeks before the planned date of change.
(3)When receiving notification under the provisions of the preceding paragraph, the prefectural governor must issue a public notice to that effect.
Article 24Deleted
(Obligation to Conduct Poultry Meat Inspections)
Article 25(1)A designated inspection body must conduct poultry meat inspections without delay, when requested to conduct a poultry meat inspection, except for cases in which there are legitimate grounds not to do so.
(2)When a designated inspection body conducts poultry meat inspections, it must follow the method specified by Order of the Ministry of Health, Labour and Welfare and have a person who satisfies the requirements specified by Order of the Ministry of Health, Labour and Welfare (referred to below as an "inspector" in the following paragraph and in the following Article) conduct the poultry meat inspections.
(3)When an inspector has conducted poultry meat inspections, the designated inspection body must report the matters specified by Order of the Ministry of Health, Labour and Welfare to the prefectural governor related to the designation without delay, pursuant to Order of the Ministry of Health, Labour and Welfare.
(Appointment and Dismissal of Officers)
Article 26(1)The appointment and dismissal of the officers of a designated inspection body engaged in poultry meat inspection operations do not become effective unless approved by the prefectural governor related to the designation.
(2)When a designated inspection body appoints or dismisses an inspector, it must notify the prefectural governor related to the designation to that effect without delay.
(3)When an officer or inspector of a designated inspection body violates this Act, any order or disposition under it, or the operational rules prescribed in Article 28, paragraph (1), the prefectural governor may order the designated inspection body to dismiss the officer or inspector.
(Position of Officers and Employees)
Article 27The officers or employees of a designated inspection body engaged in poultry meat inspection operations are deemed to be employees engaged in the performance of public duties in accordance with laws and regulations with regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.
(Operational Rules)
Article 28(1)A designated inspection body must establish operational rules concerning matters related to the implementation of poultry meat inspection operations specified by Order of the Ministry of Health, Labour and Welfare and obtain approval from the prefectural governor related to the designation. The same applies to any change to be made to it.
(2)When a prefectural governor finds that the operational rules for which the prefectural governor has granted approval prescribed in the preceding paragraph have become inappropriate for the proper and effective implementation of poultry meat inspection operations, the prefectural governor may order the designated inspection body to change the rules.
(Approval of Business Plan)
Article 29(1)A designated inspection body must formulate a business plan and an income and expenditure budget for each business year before the beginning of that business year (without delay after designation in Article 21, paragraph (1), in the case of a business year that includes the date of designation), and obtain approval for that plan and budget from the prefectural governor that made the designation. The same applies to any change to be made to it.
(2)A designated inspection body must prepare a business report and a report on the settlement of accounts for each business year and submit them to the prefectural governor that made the designation within three months after the end of the business year.
(Keeping of Books)
Article 30A designated inspection body must keep books, state matters concerning poultry meat inspection operations specified by Order of the Ministry of Health, Labour and Welfare in them, and retain these books, pursuant to Order of the Ministry of Health, Labour and Welfare.
(Supervision Order)
Article 31When considered necessary for ensuring the proper implementation of poultry meat inspection operations delegated to a designated inspection body, the prefectural governor may issue necessary supervisory orders to the designated inspection body concerning its poultry meat inspection operations.
(Suspension or Discontinuation of Operations)
Article 32(1)A designated inspection body must not suspend or discontinue the whole or part of poultry meat inspection operations related to the designation, without obtaining permission from the prefectural governor that made the designation.
(2)A prefectural governor must not grant the permission prescribed in the preceding paragraph unless it is confirmed that there is no risk that the suspension or discontinuation of the whole or part of the poultry meat inspection operations delegated to the designated inspection body will hinder the proper and effective implementation of the poultry meat inspection operations.
(3)When granting the permission in paragraph (1), the prefectural governor must issue a public notice to that effect.
(Revocation of Designation)
Article 33(1)If a designated inspection body comes to fall under any of the items in Article 22, paragraph (2) (except item (iii)), the prefectural governor must revoke its designation.
(2)If a designated inspection body falls under any of the following items, a prefectural governor may revoke its designation or order the designated inspection body to suspend the whole or part of the delegated poultry meat inspection operations for a specified time period not longer than six months:
(i)when a designated inspection body has violated the provisions of this Chapter;
(ii)when it is found that a designated inspection body no longer conforms to any of the items prescribed in Article 22, paragraph (1);
(iii)when a designated inspection body has violated any order under the provisions of Article 26, paragraph (3), Article 28, paragraph (2), or Article 31;
(iv)when a designated inspection body has conducted poultry meat inspection operations without complying with the operational rules approved under Article 28, paragraph (1); or
(v)when a designated inspection body has obtained its designation through wrongful means.
(3)When a prefectural governor revokes a designation pursuant to the provisions of paragraph (1) or of the preceding paragraph, or orders the suspension of the whole or part of the delegated poultry meat inspection operations pursuant to the provisions of the preceding paragraph, the prefectural governor must issue a public notice to that effect.
Article 34Deleted
(Implementation of Poultry Meat Inspection Operations by the Prefectural Governor)
Article 35(1)If a designated inspection body suspends the whole or part of poultry meat inspection operations related to its designation under the permission in Article 32, paragraph (1); if the prefectural governor orders the designated inspection body to suspend the whole or part of the delegated poultry meat inspection operations pursuant to Article 33, paragraph (2); or if found necessary when the designated inspection body becomes unable to undertake the whole or part of poultry meat inspection operations related to the designation owing to a natural disaster or other reasons, the prefectural governor is to implement the whole or part of the poultry meat inspection operations.
(2)When a prefectural governor is to implement the whole or part of the poultry meat inspection operations pursuant to the provisions of the preceding paragraph, or when the grounds based on which the prefectural governor is to implement the whole or part of the poultry meat inspection operations under the provisions of the same paragraph no longer exist, the prefectural governor must issue a public notice to that effect.
(3)When a prefectural governor is to implement the whole or part of poultry meat inspection operations pursuant to the provisions of paragraph (1), grants permission in Article 32, paragraph (1) concerning the discontinuation of the delegated poultry meat inspection operations, or rescinds the designation of the designated inspection body pursuant to Article 33, paragraph (1) or (2), the handover of the poultry meat inspection operations and other necessary matters are specified by Order of the Ministry of Health, Labour and Welfare.
Chapter VI Miscellaneous Provisions
(Conditions for Permission)
Article 36(1)Conditions may be attached to the permission in Article 3 or Article 6, paragraph (1), and the conditions may be modified.
(2)Conditions prescribed in the preceding paragraph must be limited to the minimum required ones to prevent the occurrence of sanitation hazards arising from poultry meat, etc., and must not impose unreasonable obligations on persons who apply for the permission.
(Collection of Reports)
Article 37(1)A prefectural governor may have poultry slaughterers, poultry slaughtering sanitation managers, or notified processed meat sales business operators report the conditions of their operations pursuant to Order of the Ministry of Health, Labour and Welfare, to the extent necessary for the enforcement of this Act, in addition to reporting provided for in Article 16, paragraph (7).
(2)A prefectural governor may have the designated inspection body report the conditions of their poultry meat inspection operations or their accounting status to the extent necessary for the enforcement of this Act, in addition to reporting provided for in Article 25, paragraph (3).
(On-site Inspection)
Article 38(1)A prefectural governor may have the employees enter a poultry slaughterhouse or the office, warehouse, or other facilities of a poultry slaughterer or notified processed meat sales business operator; inspect their equipment, books, documents, or other properties; question relevant persons; or remove a part of a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. free of charge, to the extent necessary for the enforcement of this Act.
(2)A prefectural governor may have the employees enter the office of the designated inspection body; inspect the books, documents, and other properties; or question relevant persons, to the extent necessary for the enforcement of this Act.
(3)The employees conducting on-site inspection pursuant to the provisions of the preceding two paragraphs must carry their identification cards and present them to the relevant persons.
(4)The authority under the provisions of paragraph (1) or (2) must not be construed as being granted for criminal investigation.
(Employees Conducting Poultry Meat Inspections)
Article 39(1)The administrative affairs of poultry meat inspections, the duties of the employees of the prefecture prescribed in Article 20 and in paragraph (1) of the preceding Article, and the duties of providing guidance concerning poultry slaughtering are to be performed by persons designated by the prefectural governor in advance among food sanitation inspectors, slaughter inspectors, and other employees specified by Order of the Ministry of Health, Labour and Welfare having qualifications specified by Cabinet Order.
(2)A prefectural governor must have the persons designated by the prefectural governor under the preceding paragraph undertake the administrative work or duties prescribed in the preceding paragraph, as provided by prefectural plans for the monitoring of and guidance on food sanitation prescribed in Article 24, paragraph (1) of the Food Sanitation Act (Act No. 233 of 1947).
(Request for Investigation by the Minister of Health, Labour and Welfare)
Article 40When the Minister of Health, Labour and Welfare requests reports under the provisions of Article 65 of the Food Sanitation Act or otherwise finds it particularly necessary for preventing the occurrence of a sanitation hazard arising from poultry meat, etc., the Minister may request the prefectural governor to perform an inspection pursuant to the provisions of Article 15, paragraphs (1) through (3), take measures under the provisions of Article 37, paragraph (1) and Article 38, paragraph (1), investigate the cause of food poisoning, and report the results of the investigation within a specified period.
(Hearing of the Opinions of the Public)
Article 40-2(1)When the Minister of Health, Labour and Welfare intends to enact, amend, or repeal any of Order of the Ministry of Health, Labour and Welfares stated in Article 11, paragraph (1); Article 15, paragraph (4), item (ii) or (iii); paragraph (6) of that Article; or Article 19, the Minister is to publish the purpose, details, and other necessary matters and broadly seek the opinions of the public; provided, however, that this does not apply to cases when it is urgently necessary to prevent the occurrence of a sanitation hazard arising from poultry meat, etc. in which there is no time for broadly seeking the opinions of the public in advance.
(2)In cases prescribed in the proviso to the preceding paragraph, the Minister of Health, Labour and Welfare is to broadly seek the opinions of the public afterwards without delay.
(Contact and Cooperation)
Article 40-3In the enforcement of this Act, the Minister of Health, Labour and Welfare and the Minister of Agriculture, Forestry and Fisheries must keep in close contact and cooperate with each other regarding matters for preventing the occurrence of sanitation hazards arising from poultry meat, etc.
(Appeals)
Article 41(1)No request for administrative review may be filed against the results of poultry meat inspections.
(2)With regard to a disposition related to poultry meat inspections (excluding the results of inspections) conducted by a designated inspection body or its failure to act, a request for administrative review may be filed with the prefectural governor that made the designation. In this case, with respect to the application of Article 25, paragraphs (2) and (3); Article 46, paragraphs (1) and (2); Article 47; and Article 49, paragraph (3) of the Administrative Complaint Review Act (Act No. 68 of 2014), the prefectural governor is deemed to be the higher administrative agency of the designated inspection body.
(3)A person who is dissatisfied with a determination on a request for administrative review filed against a disposition made by the mayor of a city with a health center or the mayor of a special ward pursuant to the provisions of Article 38, paragraph (1) may file a request for re-examination with the Minister of Health, Labour and Welfare.
(4)When the mayor of a city with a health center or the mayor of a special ward delegates the authority to impose a disposition under Article 38, paragraph (1) to an employee serving as a subsidiary organ of the city or special ward or to the head of an administrative organ under the control of the city or special ward, if a determination is made on a request for re-examination under Article 255-2, paragraph (2) of the Local Autonomy Act (Act No. 67 of 1947) with respect to a disposition made by the employee or the head of the administrative organ with the delegated authority, a person who is dissatisfied with the determination may file a request for further examination with the Minister of Health, Labour and Welfare, pursuant to the provisions of Article 252-17-4, paragraphs (5) through (7) of the same Act.
(Fees)
Article 42When a prefectural government collects fees related to poultry meat inspections under Article 227 of the Local Autonomy Act, the prefectural government may cause a person who intends to undergo poultry meat inspection conducted by a designated inspection body pursuant to the provisions of Article 21, paragraph (1) to pay the fees to the designated inspection body pursuant to Prefectural Ordinance and treat the fees as the revenue of the prefecture.
(Classification of Administrative Affairs)
Article 42-2Administrative affairs to be conducted by prefectures pursuant to the provisions of Article 37, paragraph (1) and Article 38, paragraph (1) are to be regarded as Type I statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.
(Delegation of Authority)
Article 42-3(1)The authority of the Minister of Health, Labour and Welfare prescribed in this Act may be delegated to the Director-General of a Regional Bureau of Health and Welfare, pursuant to Order of the Ministry of Health, Labour and Welfare.
(2)The authority delegated to the Director-General of a Regional Bureau of Health and Welfare pursuant to the provisions of the preceding paragraph may be delegated to the Director-General of a Regional Branch Bureau of Health and Welfare pursuant to Order of the Ministry of Health, Labour and Welfare.
(Transitional Measures)
Article 43When an order is enacted, amended, or repealed based on the provisions of this Act, the order may prescribe the required transitional measures (including transitional measures concerning penal provisions) within the scope determined as being reasonably necessary for the enactment, amendment, or repeal of the order.
(Delegation to Order of the Ministry of Health, Labour and Welfare)
Article 44Beyond what is provided for in this Act, necessary procedures and other matters concerning the enforcement of this Act are prescribed by Order of the Ministry of Health, Labour and Welfare.
Chapter VII Penal Provisions
Article 45A person falling under any of the following items is punished by imprisonment of not more than three years or by a fine of not more than 3,000,000 yen:
(i)a person running a poultry slaughtering business without obtaining license under Article 3;
(ii)a person causing another person to run a poultry slaughtering business in violation of the provisions of Article 10;
(iii)a person carrying a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. out of a poultry slaughterhouse in violation of the provisions of Article 17, paragraph (1); or
(iv)a person transferring a poultry carcass in violation of the provisions of Article 17, paragraph (2).
Article 46A person falling under any of the following items is punished by imprisonment of not more than one year or by a fine of not more than 1,000,000 yen:
(i)a person violating any order under the provisions of Article 8;
(ii)a person violating any prohibition or order under the provisions of Article 9;
(iii)a person accepting the transfer of a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. in violation of the provisions of Article 18, paragraph (1) or (2);
(iv)a person not disinfecting, disposing of, or taking measures for preventing the human consumption of poultry, a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. not passing poultry meat inspections in violation of the provisions of Article 19;
(v)a person violating any prohibition under the provisions of Article 20, item (i) or any order under the provisions of item (ii) of that Article; or
(vi)a person refusing, obstructing, or evading the execution of duties by employees of the prefecture under the provisions of Article 20, item (ii) or (iii).
Article 47In cases of violation of the order to suspend the poultry meat inspection operations under the provisions of Article 33, paragraph (2), an officer or employee of a designated inspection body violating the order is punished by imprisonment of not more than one year or by a fine of not more than 1,000,000 yen.
Article 48A person falling under any of the following items is punished by a fine of not more than 500,000 yen:
(i)a person changing the building or equipment of a poultry slaughterhouse without obtaining the permission under Article 6, paragraph (1);
(ii)a person not submitting notification under the provisions of Article 12, paragraph (6) or submitting an untruthful notification;
(iii)a person not submitting a report under the provisions of Article 37, paragraph (1) or submitting an untruthful report; or
(iv)a person refusing, obstructing, or evading entry, inspection, or removal under the provisions of Article 38, paragraph (1) or not answering a question under the provisions of the same paragraph or answering untruthfully.
Article 49If falling under any of the following items, an officer or employee of a designated inspection body committing the violation is punished by a fine of not more than 500,000 yen:
(i)not keeping books, not indicating necessary matters in the books, providing untruthful indication in the books, or not retaining the books, in violation of the provisions of Article 30;
(ii)discontinuing the whole of poultry meat inspection operations without obtaining permission under Article 32, paragraph (1);
(iii)not submitting a report under the provisions of Article 37, paragraph (2) or submitting an untruthful report; or
(iv)refusing, obstructing, or evading entry or inspection under the provisions of Article 38, paragraph (2), or not answering a question under the provisions of that paragraph or answering untruthfully.
Article 50If any representative of a corporation, or any agent of a corporation or a person, any employee or other staff of a corporation or an individual has committed an act of violation stated in the following items with regard to the business of the corporation or individual, not only is the offender to be punished, but also the corporation is to be punished by the fine prescribed in the respective items, or the individual is to be punished by a fine prescribed in the respective Articles:
(i)Article 45: a fine of not more than 100,000,000 yen;
(ii)Article 46 or Article 48: the fine prescribed in the relevant article.
Supplementary Provisions [Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 1991; provided, however, that the provisions of Article 12, paragraph (3) and the provisions of Article 5 of the Supplementary Provisions (limited to the provisions amending Article 5, item (xxviii) of the Act for Establishment of the Ministry of Health and Welfare (Act No. 151 of 1949)) come into effect as of the date of promulgation; and the provisions of Article 13, item (iii), Chapter 4 (excluding Article 16, paragraphs (1), (2), (8), and (9) and Article 17, paragraph (1), item (iv) (limited to the part related to the notification concerning a notified processed meat sales business operator prescribed in that item)), Article 25, Article 26, paragraph (3), Article 32, Article 35, Article 41, paragraphs (1) and (2), Article 42, Article 45, items (iii) and (iv), Article 46, items (iii) through (vi), Article 50, item (ii) and the provisions of Article 3 of the Supplementary Provisions (limited to the provisions amending Article 5 of the Food Sanitation Act) come into effect as of April 1, 1992.
(Other Transitional Measures Related to Licenses)
Article 2(1)If a person who is already running a poultry slaughtering business at the time of the enforcement of this Act has obtained a license for the poultry slaughtering business under Article 21, paragraph (1) of the Food Sanitation Act before the amendment by this Act, the person may continue running the poultry slaughtering business for one year from the date of enforcement of this Act without obtaining a license under Article 3, in accordance with prior laws. The same applies if the person files an application for a license under that Article during that period, until the day on which the person receives a notice to the effect that the license is granted, or until the day on which the person receives a notice to the effect that the license is not granted after the lapse of that period.
(2)A person who may continue running the poultry slaughtering business pursuant to the provisions of the preceding paragraph in accordance with prior laws may also obtain a license under Article 3 during the period prescribed in the same paragraph. If the person obtains a license under that Article during that period, the license under Article 21, paragraph (1) of the Food Sanitation Act before the amendment by this Act (limited to the part related to poultry slaughtering business) ceases to be effective.
(3)While a person prescribed in paragraph (1) continues running the poultry slaughtering business pursuant to the provisions of that paragraph after April 1, 1992, the provisions of Article 17 do not apply to a poultry slaughterer or certified small-scale poultry slaughterer when the poultry slaughterer transfers a poultry carcass to the person after undergoing post-plucking inspection or when the certified small-scale poultry slaughterer transfers a poultry carcass to the person after having a poultry slaughtering sanitation manager perform the verification prescribed in Article 16, paragraph (5) concerning conformity to the criteria specified by Ministry of Health and Welfare Order as referred to in that paragraph, regarding the condition of the living poultry and regarding the condition of the surface of the poultry carcass.
(Transitional Measures Concerning Penal Provisions)
Article 4Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act, and acts committed after the enforcement of this Act in cases where prior laws continue to govern pursuant to the provisions of Article 2, paragraph (1) of the Supplementary Provisions.
Supplementary Provisions [Act No. 89 of November 12, 1993 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Administrative Procedure Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions Following Consultations)
Article 2Before the enforcement of this Act, if a consultation or other request has been made under laws and regulations to a council or any other body with a council system, with respect to the implementation of procedures corresponding to the procedure for hearings, the procedure for granting of an opportunity for explanation and other procedures for a statement of opinion prescribed by Article 13 of the Administrative Procedure Act, prior laws continue to govern the procedures for adverse dispositions in relation to that consultation or other request, notwithstanding the provisions of relevant laws as amended by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act.
(Transitional Measures upon Arrangement of Provisions on Hearings)
Article 14Hearings (excluding those related to adverse dispositions) held pursuant to the provisions of law before the enforcement of this Act or the relevant procedures are deemed to have been conducted pursuant to the corresponding provisions of relevant laws as amended by this Act.
(Delegation to Cabinet Order)
Article 15Beyond what is provided for in Articles 2 through to the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 84 of July 1, 1994 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date of promulgation; provided, however, that the provisions of Article 3 amending Article 18 of the Maternal and Child Health Act (excluding the part replacing "or a city with a health center" with ", a city with a health center, or a special ward") come into effect as of January 1, 1995; the provisions of Article 2, Article 4, Article 5, Article 7, Article 9, Article 11, Article 13, Article 15, Article 17, Article 18 and Article 20, and the provisions of Articles 3 to 11 of the Supplementary Provisions, Articles 23 through 37 of the Supplementary Provisions, and Article 39 of the Supplementary Provisions come into effect as of April 1, 1997.
(Other Transitional Measures for Dispositions and Applications)
Article 13Dispositions of permissions, etc. or any other acts conducted before the enforcement of this Act (or the respective provisions stated in the proviso to Article 1 of the Supplementary Provisions for the relevant provisions; the same applies below in this Article and in the following Article) pursuant to the provisions of the respective laws before the amendment (referred to below as "dispositions and other acts" in this Article) or applications for permissions, etc. or any other acts already conducted at the time of the enforcement of this Act pursuant to the provisions of the respective laws before the amendment (referred to below as "applications and other acts" in this Article) are deemed as dispositions and other acts or applications, and other acts conducted pursuant to the corresponding provisions of the respective amended laws, with regard to the application of the respective amended laws on or after the date of enforcement of this Act, except those specified in the provisions of Articles 5 through 10 of the Supplementary Provisions or in the provisions of the respective amended laws (including orders under it) concerning transitional measures.
(Transitional Measures Concerning Penal Provisions)
Article 14Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act for cases in which prior laws continue to govern pursuant to the Supplementary Provisions to this Act.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 15Beyond what is provided for in these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 87 of July 16, 1999 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2000; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)the amending provisions in Article 1 to add five articles, a section heading, two subsections and subsection headings after Article 250 of the Local Autonomy Act (limited to the portion related to Article 250-9, paragraph (1) of that Act (limited to the portion related to obtaining the consent of both Houses of the Diet)); the provisions in Article 40 to amend paragraphs (9) and (10) of the supplementary provisions of the Natural Parks Act (limited to the portion related to paragraph (10) of the supplementary provisions of that Act); the provisions of Article 244 (excluding the portion related to the provisions to amend Article 14-3 of the Agricultural Improvement Promotion Act); and the provisions of Article 472 (excluding the portion related to the provisions to amend Article 6, Article 8, and Article 17 of the Act on Special Measures for Merger of Municipalities); and the provisions of Article 7, Article 10, Article 12, the proviso to Article 59, paragraphs (4) and (5) of Article 60, Article 73, Article 77, paragraphs (4) through (6) of Article 157, Article 160, Article 163, Article 164 and Article 202 of the Supplementary Provisions: the date of promulgation.
(Transitional Measures Concerning Requests for Re-Examination Made to the Minister of Health and Welfare)
Article 74Prior laws continue to govern requests for re-examination involving dispositions rendered by an administrative agency before the enforcement of this Act, pursuant to the provisions of Article 59-4, paragraph (2) of the Child Welfare Act; Article 12-4 of the Act on Practitioners of Massage, Finger Pressure, Acupuncture and Moxacauterization, etc.; Article 29-4 of the Food Sanitation Act; Article 9-3 of the Hotel Business Act; Article 7-3 of the Public Bath Houses Act; Article 71-3 of the Medical Care Act; Article 43-2, paragraph (2) of the Act on Welfare of Physically Disabled Person; Article 51-12, paragraph (2) of the Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities; Article 14-2, paragraph (2) of the Laundries Act; Article 25-2 of the Rabies Prevention Act; Article 83-2, paragraph (2) of the Social Welfare Services Act; Article 69 of the Tuberculosis Prevention Act; Article 20 of the Slaughterhouse Act; Article 27-2 of the Dental Technicians Act; Article 20-8-2 of the Act on Clinical Laboratory Technicians, Public Health Laboratory Technicians, etc.; Article 30, paragraph (2) of the Act on Welfare of Persons with Intellectual Disabilities; Article 34, paragraph (2) of the Act on Social Welfare for the Elderly; Article 26, paragraph (2) of the Maternal and Child Health Act; Article 23 of the Judo Therapists Act; Article 14, paragraph (2) of the Act on Maintenance of Sanitation in Buildings; Article 24 of the Waste Management and Public Cleaning Act; Article 41, paragraph (3) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act; or Article 65 of the Act on Prevention of Infectious Diseases and Medical Care for Patients Suffering Infectious Diseases; before amendment under the provisions of Articles 149 through 151, Article 157, Article 158, Article 165, Article 168, Article 170, Article 172, Article 173, Article 175, Article 176, Article 183, Article 188, Article 195, Article 201, Article 208, Article 214, Articles 219 through 221, Article 229, or Article 238.
(Administrative Affairs of the National Government)
Article 159Beyond what is prescribed in respective laws before amendment by this Act, the administrative affairs of the national government, other local governments, and other public entities, which, before the enforcement of this Act, are managed or executed by the organs of local governments pursuant to relevant laws or Cabinet Order under those laws (the affairs referred to as "administrative affairs of the national government, etc." in Article 161 of the Supplementary Provisions) are to be handled by the local government pursuant to laws or Cabinet Order under those laws as administrative affairs of the local government.
(Transitional Measures Concerning Dispositions, Applications, and Other Actions)
Article 160(1)Dispositions of permission, etc. or any other acts conducted before the enforcement of this Act (or the respective provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and in Article 163 of the Supplementary Provisions) pursuant to the provisions of the respective laws before the amendment (referred to below as "dispositions and other acts" in this Article) or applications for permission, etc. or any other acts already conducted at the time of the enforcement of this Act pursuant to the provisions of the respective laws before the amendment (referred to below as "applications and other acts" in this Article), for which the persons who handle the administrative affairs related to these acts are different persons on the date of the enforcement of this Act, are deemed as dispositions and other acts or applications and other acts conducted pursuant to the corresponding provisions of the respective amended laws, with regard to the application of the respective amended laws on or after the date of enforcement of this Act, except those specified in the provisions of Article 2 through to the preceding Article of the Supplementary Provisions or in the provisions of the respective amended laws (including orders issued under those laws) concerning transitional measures.
(2)Particulars for which procedures such as reporting, notification, and submission must be taken with a national or local government organ before the enforcement of this Act, pursuant to the provisions of respective laws before the amendment by this Act but for which the procedures have not been taken before the date of enforcement of this Act, are deemed to be matters for which procedures such as reporting, notification, and submission with the corresponding organ of the national or local government must be taken pursuant to the corresponding provisions of respective laws after amendment by this Act but for which the procedures have not been taken, and the provisions of respective laws amended by this Act apply, unless otherwise provided for in this Act or Cabinet Order under it.
(Transitional Measures Concerning Appeals)
Article 161(1)For appeals filed under the Administrative Complaint Review Act against dispositions related to the administrative affairs of the national government, etc. rendered before the enforcement of this Act, by an administrative agency (referred to below as the "administrative agency reaching the disposition" in this Article) which had a higher administrative agency provided for in this Act (referred to below as the "higher administrative agency" in this Article) before enforcement of this Act, the provisions of the Administrative Complaint Review Act continue to apply, with the administrative agency reaching the disposition being deemed to still have the higher administrative agency on and after the enforcement of this Act. In this case, the administrative agency deemed to be the higher administrative agency of the administrative agency reaching the disposition is the administrative agency that was the higher administrative agency of the agency reaching the disposition before the enforcement of this Act.
(2)In the case of the preceding paragraph, if an administrative agency deemed to be the higher administrative agency is a local government organ, the administrative affairs required to be handled by the agency pursuant to the provisions of the Administrative Complaint Review Act are regarded as Type I statutory entrusted functions stated in Article 2, paragraph (9), item (i) of the Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162Prior laws continue to govern any fees that should have been paid pursuant to the provisions of respective laws (including orders issued under those laws) before amendment by this Act, before the date of enforcement, unless otherwise provided for in this Act or Cabinet Order under it.
(Transitional Measures Concerning Penal Provisions)
Article 163Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164Beyond what is provided for in these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are prescribed by Cabinet Order.
(Review)
Article 250Type 1 statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act are to be created to the minimum possible extent, and the processes stated in Appended Table I of the new Local Autonomy Act and those provided for by Cabinet Order under the new Local Autonomy Act are to be examined from the perspective of promoting decentralization and reviewed as appropriate.
Article 251In order to enable local governments to execute their duties and services autonomously and independently, the national government is to review how to secure adequate sources of local tax revenue based on the division of roles between the national government and local governments, taking into account the prevailing economic trends and other factors, and take necessary measures based on the results of the review.
Supplementary Provisions [Act No. 151 of December 8, 1999 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2000;
(Transitional Measures)
Article 3For the application of the provisions amended by this Act concerning a person with limited legal capacity and their curators to which the provisions then in force remain applicable under Article 3, paragraph (3) of the Supplementary Provisions of the Act on the Partial Amendment of the Civil Code (Act No. 149 of 1999), the provisions then in force remain applicable, except for the following amended provisions:
(i) through (xxv): omitted
Article 4Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act.
Supplementary Provisions [Act No. 160 of December 22, 1999 Extract] [Extract]
(Effective Date)
Article 1This Act (excluding Article 2 and Article 3) comes into effect as of January 6, 2001; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)the provisions of Article 995 (limited to the part related to the provisions amending the supplementary provisions of the Act Partially Amending the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors), Article 1305, Article 1306, Article 1324, paragraph (2), Article 1326, paragraph (2), and Article 1344: the date of promulgation.
Supplementary Provisions [Act No. 91 of May 31, 2000 Extract] [Extract]
(Effective Date)
(1)This Act comes into effect as of the date of enforcement of the Act Partially Amending the Commercial Code (Act No. 90 of 2000).
Supplementary Provisions [Act No. 55 of May 30, 2003 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order, within a period not exceeding three months from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)the provisions of Article 4 and the provisions of Article 9, Article 10 (excluding the portion related to the food safety commission prescribed in Article 22 of the Food Safety Basic Act (Act No. 48 of 2003) (the commission referred to below as "Food Safety Commission" in this Article and Article 10 of the Supplementary Provisions)), Article 12, Article 13, and Article 29 of the Supplementary Provisions: the date of promulgation;
(ii)the provisions of Article 10 of the Supplementary Provisions (limited to the portion related to Food Safety Commission) : the date of enforcement of the Food Safety Basic Act;
(iii)the provisions of Article 2 (excluding the amending provisions specified in the following item), Article 6 (excluding the amending provisions specified in the following item), Article 8 (excluding the amending provisions specified in the following item), and Article 10, and the provisions of Articles 2 through 5, Article 8, Articles 16 through 18, Articles 21 through 26, Article 31, Article 33, and Article 35 of the Supplementary Provisions: the date specified by Cabinet Order, within a period not exceeding nine months from the date of promulgation;
(iv)the provisions in Article 2 amending Article 19 of the Food Sanitation Act (excluding the portion that amends "Article 17, paragraph (1)" to "Article 28, paragraph (1)"), the provisions in Article 6 amending Article 19 of the Slaughterhouse Act, and the provisions in Article 8 amending Article 39 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act: April 1, 2004.
(Transitional Measures Concerning the Registration of Training Institutes for Poultry Slaughtering Sanitation Managers)
Article 8A training institute or training session that is already designated by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 12, paragraph (5), item (iii) or (iv) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act before amendment by the provisions of Article 8 at the time of the enforcement of the provisions stated in Article 1, item (iii) of the Supplementary Provisions is deemed to be a training institute or training session that is registered by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 12, paragraph (5), item (iii) or (iv) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act amended by the provisions of Article 8.
(Transitional Measures Concerning Dispositions and Procedures)
Article 9Dispositions, procedures, and other acts conducted pursuant to the provisions of the respective laws before amendment (including orders under those laws; the same applies below in this Article), before the enforcement of this Act (or the respective provisions stated in the items in Article 1 of the Supplementary Provisions; the same applies in Article 12 of Supplementary Provisions), for which corresponding provisions are provided in the respective amended laws, are deemed to have been conducted pursuant to the corresponding provisions of the respective amended laws unless otherwise provided for in these Supplementary Provisions.
(Hearing of the Opinions of the Public)
Article 10(1)
(3)Even before the date of the enforcement of the provisions stated in Article 1, item (iii) of the Supplementary Provisions, in the cases listed in the following, the Minister of Health, Labour and Welfare may publish the purpose, details, and other necessary matters and broadly seek the opinions of the public or seek the opinions of the Food Safety Commission:
(i) and (ii): omitted;
(iii)when establishing Order of the Ministry of Health, Labour and Welfare under Article 15, paragraph (4), items (ii) and (iii), and paragraph (6) of that Article of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act, as amended by the provisions in Article 8.
(Preparation before Enforcement)
Article 11The procedures for registration under the provisions of Article 33, paragraph (1) of the new Food Sanitation Act; approval of the amount of fees under the provisions of Article 25, paragraph (2) and Article 26, paragraph (6) of the new Food Sanitation Act; approval of operational rules under the provisions of Article 37, paragraph 1 of the new Food Sanitation Act; registration under the provisions of Article 48, paragraph (6), items (iii) and (iv) of the new Food Sanitation Act; and registration under the provisions of Article 12, paragraph (5), items (iii) and (iv) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act as amended by the provisions of Article 8 may be undertaken before the date of enforcement of the provisions stated in Article 1, item (iii) of the Supplementary Provisions.
(Transitional Measures Concerning Penal Provisions)
Article 12Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act.
(Delegation to Cabinet Order)
Article 13Beyond what is provided for in these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 14When five years have elapsed after the enforcement of this Act, the national government is to review the provisions of this Act and, while taking into account the condition of enforcement of this Act, take necessary measures based on the results of the review when necessary.
Supplementary Provisions [Act No. 50 of June 2, 2006 Extract] [Extract]
This Act comes into effect as of the date of enforcement of the Act on General Incorporated Associations and General Incorporated Foundations.
Supplementary Provisions [Act No. 96 of June 27, 2007 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date specified by Cabinet Order, within a period not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 74 of June 24, 2011 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date when 20 days have elapsed from the date of promulgation.
Supplementary Provisions [Act No. 44 of June 14, 2013 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date of promulgation;
(Transitional Measures Concerning Penal Provisions)
Article 10Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act (or the respective provisions stated in the items of Article 1 of the Supplementary Provisions).
(Delegation to Cabinet Order)
Article 11Beyond what is provided for in these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 51 of June 4, 2014 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2015.
(Transitional Measures Concerning Dispositions, Applications, and Other Actions)
Article 7(1)Dispositions of permission, etc. or any other acts conducted before the enforcement of this Act (or the respective provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and in the following Article) pursuant to the provisions of the respective laws before amendment by this Act (referred to below as "dispositions and other acts" in this paragraph) or applications for permission, etc. or any other acts already conducted at the time of the enforcement of this Act pursuant to the provisions of the respective laws before the amendment by this Act (referred to below as "applications and other acts" in this paragraph), for which persons who handle the administrative affairs related to these acts are different persons on the date of the enforcement of this Act, are deemed as dispositions and other acts or applications and other acts conducted pursuant to the corresponding provisions of the respective laws amended by this Act, with regard to the application of the respective amended laws on or after the date of enforcement of this Act, except those specified in the provisions of Article 2 through the preceding Article of the Supplementary Provisions or in the provisions of the respective amended laws (including orders issued under those laws) concerning transitional measures.
(2)Particulars for which procedures such as reporting, notification, and submission must be taken with a national or local government organ before the enforcement of this Act, pursuant to the provisions of respective laws before amendment by this Act but for which the procedures have not been taken before the date of enforcement of this Act, are deemed to be particulars for which procedures such as reporting, notification, and submission with the corresponding organ of national or local government must be taken pursuant to the corresponding provisions of respective laws after amendment by this Act but for which the procedures have not been taken, and the provisions of respective laws amended by this Act apply, unless otherwise provided for in this Act or Cabinet Order under it.
(Transitional Measures Concerning Penal Provisions)
Article 8Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act.
(Delegation to Cabinet Order)
Article 9Beyond what is provided for in Articles 2 through the preceding Article of these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 69 of June 13, 2014 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Administrative Complaint Review Act (Act No. 68 of 2014).
(Principles of Transitional Measures)
Article 5Prior laws continue to govern appeals filed against dispositions or other acts that administrative agencies have rendered before the enforcement of this Act or against inaction by administrative agencies related to applications that have been filed before the enforcement of this Act, unless otherwise provided for in these Supplementary Provisions.
(Transitional Measures Concerning Lawsuits)
Article 6(1)Prior laws continue to govern the filing of actions concerning matters for which an action may be filed pursuant to the provisions of laws before amendment by this Act only after a determination, decision or other act is made by an administrative agency regarding an appeal, and for which the period during which the filing should have been made has elapsed without the relevant appeal having been filed, before the enforcement of this Act (for cases in which the relevant appeal may be filed only after a determination, decision or other act is made by an administrative agency concerning another appeal, those matters include those for which the period during which that other appeal should have been filed has elapsed before the enforcement of this Act without the appeal having been filed).
(2)Prior laws continue to govern the filing of an action for revocation of a disposition or any other act against which an objection has been filed pursuant to the provisions of laws before amendment by the provisions of this Act (including cases which prior laws continue to govern pursuant to the provisions of the preceding Article) and for which the provisions of laws amended by the provisions of this Act prescribe that an action for revocation may be filed only after a request for administrative review is made.
(3)Prior laws continue to govern an action for revocation of a determination, decision or any other act that has been made by an administrative agency in relation to an administrative appeal, for which the action has been filed before the enforcement of this Act.
(Transitional Measures Concerning Penal Provisions)
Article 9Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act in cases where prior laws continue to govern pursuant to the provisions of Article 5 and the preceding two Articles of the Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 10Beyond what is provided for in Articles 5 through to the preceding Article of the Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 47 of May 20, 2016 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2017; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)provisions of Articles 1, 3, 7, 10, and 15; the following Article; and the provisions of Article 4, paragraphs (1) and (2), Articles 6 through 10, Article 42 (limited to the provisions amending Article 48, paragraphs (2) and (3) of the Act on Special Zones for Reconstruction in Response to the Great East Japan Earthquake (Act No. 122 of 2011)), Article 44, and Article 46 of these Supplementary Provisions: the date of promulgation.
(Transitional Measures upon the Partial Amendment of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act)
Article 4(1)A person who intends to obtain designation under Article 21, paragraph (1) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act as amended by the provisions of Article 9 (referred to below as the "new Poultry Slaughtering Act" in this Article) may apply for the designation in accordance with the same paragraph and Article 21, paragraph (2) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act before the date of its enforcement.
(2)When an application for designation is filed under the provisions of the preceding paragraph, the prefectural governor (including the mayor of a city as specified by Cabinet Order pursuant to the provisions of Article 5, paragraph (1) of the Community Health Act (Act No. 101 of 1947) and the mayor of a special ward; the same applies below in the following paragraph) may grant and issue a public notice of the designation in accordance with the provisions of Article 22 and Article 23, paragraph (1) of the new Poultry Slaughtering Act before the date of its enforcement. In this case, the designated person is deemed to be designated under Article 21, paragraph 1 of the new Poultry Slaughtering Act on the date of enforcement and the issued public notice pursuant to the provisions of Article 23, paragraph (1) of the new Poultry Slaughtering Act on the date of enforcement.
(3)The designation that is already granted to a person pursuant to the provisions of Article 21, paragraph (1) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act before amendment by the provisions of Article 9 at the time of the enforcement of this Act (referred to below as a "poultry inspection body" in this paragraph) is deemed to be a designation granted to the poultry inspection body by the prefectural governor pursuant to the provisions of Article 21, paragraph (1) of the new Poultry Slaughtering Act on the date of enforcement if the designation is granted to a poultry inspection body to which the prefectural governor has already delegated the whole or part of the poultry meat inspections pursuant to the provisions of paragraph (1) of that Article at the time of the enforcement of this Act. In this case, the prefectural governor must issue a public notice of this pursuant to the provisions of Article 23, paragraph (1) of the new Poultry Slaughtering Act.
(Transitional Measures Concerning Dispositions, Applications, and Other Actions)
Article 7(1)Dispositions of approval, etc. or any other acts conducted before the date of enforcement of this Act (or the respective provisions stated in the items of Article 1 of the Supplementary Provisions; the same applies below in this Article and in the following Article) pursuant to the provisions of the respective laws before amendment by this Act (referred to below as "dispositions and other acts" in this paragraph) or applications for approval, etc. or any other acts already conducted at the time of the enforcement of this Act pursuant to the provisions of the respective laws before the amendment by this Act (referred to below as "applications and other acts" in this paragraph), for which persons who handle the administrative affairs related to these acts are different persons on the date of the enforcement of this Act, are deemed to be dispositions and other acts or applications and other acts conducted pursuant to the corresponding provisions of the respective laws amended by this Act, with regard to the application of the respective amended laws on or after the date of enforcement of this Act, except those specified in the provisions of these Supplementary Provisions or Cabinet Order based on the provisions of Article 9 of the Supplementary Provisions.
(2)Matters for which procedures such as notification must be taken with a national or local government organ before the date of enforcement of this Act, pursuant to the provisions of the respective laws before amendment by this Act but for which the procedures have not been taken before the date of enforcement of this Act, in addition to what is provided for in these Supplementary Provisions or Cabinet Order under the provisions of Article 9 of the Supplementary Provisions, are deemed to be matters for which procedures such as notification with the corresponding organ of national or local government must be taken pursuant to the corresponding provisions of respective laws after amendment by this Act but for which the procedures have not been taken, and the provisions of the respective laws amended by this Act apply.
(Transitional Measures Concerning Penal Provisions)
Article 8Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act in cases where prior laws continue to govern pursuant to the provisions of these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 9Beyond what is provided for in these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions [Act No. 41 of May 31, 2017 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2019; provided, however, that the provisions of the following Article and of Article 48 of the Supplementary Provisions come into effect on the date of promulgation.
(Delegation to Cabinet Order)
Article 48Beyond what is provided for in these Supplementary Provisions, necessary transitional measures concerning the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions [Act No. 46 of June 13, 2018 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date specified by Cabinet Order, within a period not exceeding two years from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)the provisions of Articles 11 and 13 of Supplementary Provisions: the date of promulgation;
(ii)omitted;
(iii)the provisions of Article 2; the provisions in Article 3 amending Article 20 of the Slaughterhouse Act; the provisions in Article 4 amending Article 17, paragraph (1), item (iv), Article 39, paragraph (2), and Article 40 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act; and the provisions of Article 8, Articles 15 through 21, and Article 24 of the Supplementary Provisions: the date specified by Cabinet Order, within a period not exceeding three years from the date of promulgation.
(Transitional Measures Concerning Measures Necessary for Public Health)
Article 7The criteria established pursuant to the provisions of Article 11 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act before amendment by the provisions of Article 4 apply to measures necessary for public health prescribed in Article 11, paragraph (2) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act as amended by the provisions of Article 4 (excluding the amending provisions stated in Article 1, item (iii) of the Supplementary Provisions; the same applies below in this Article) (referred to below as the "new Poultry Slaughtering Act" in Article 11, paragraph (1), item (iii) of the Supplementary Provisions) for one year from the date of enforcement.
(Transitional Measures Concerning Dispositions and Procedures)
Article 10Dispositions, procedures, and other acts made pursuant to the provisions of the respective laws (including orders issued under those laws; the same applies below in this Article) before amendment, before the enforcement of this Act (or the respective provisions stated in Article 1, item (iii) of the Supplementary Provisions; the same applies in Article 12 of the Supplementary Provisions), for which corresponding provisions are provided in the respective laws after amendment, are deemed to have been conducted pursuant to the corresponding provisions of the respective laws after amendment, unless otherwise provided for in these Supplementary Provisions.
(Hearing of the Opinions of the Public)
Article 11Even before the date of enforcement, in the cases listed in the following items, the Minister of Health, Labour and Welfare may publish the purpose, details, and other necessary matters and broadly seek the opinions of the public or seek the opinions of the Food Safety Commission:
(i) and (ii)omitted;
(iii)when establishing Order of the Ministry of Health, Labour and Welfare under Article 11, paragraph (1) of the new Poultry Slaughtering Act.
(Transitional Measures Concerning Penal Provisions)
Article 12Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act in cases specified in Articles 5 through 7 of the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 13Beyond what is provided for in Articles 2 through the preceding Article of these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
(Review)
Article 14When approximately five years have elapsed after the enforcement of this Act, the national government is to review the provisions of the respective laws after amendment by this Act, while taking into account the condition of enforcement of this Act, and take necessary measures based on the results of the review when considered necessary.
Supplementary Provisions [Act No. 37 of June 14, 2019 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect as from the date when three months have elapsed from the date of promulgation; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)provisions of Article 40, Article 59, Article 61, Article 75 (limited to the provisions amending Article 34-20 of the Child Welfare Act), Article 85, Article 102, Article 107 (limited to the provisions amending Article 26 of the Act for Protection of Children Adopted through Private Adoption Agencies), Article 111, Article 143, Article 149, Article 152, Article 154 (limited to the provisions amending Article 25, item (vi) of the Act on Real Estate Appraisal), Article 168, the following Article, and the provisions of Article 3 and Article 6 of the Supplementary Provisions: the date of promulgation
(ii)Article 3, Article 4, Article 5 (excluding the provisions amending Article 19-2, paragraph (1) of the National Strategic Special Zones Act), Chapter 2, Sections 2 and 4, Article 41 (excluding the provisions amending Article 252-28 of the Local Autonomy Act), Articles 42 through 28, Article 50, Article 54, Article 57, Article 60, Article 62, Articles 66 through 69, Article 75 (excluding the provisions amending Article 34-20 of the Child Welfare Act), Article 76, Article 77, Article 79, Article 80, Article 82, Article 84, Article 87, Article 88, Article 90 (excluding the provisions amending Article 30-19, paragraph (2), item (i) of the Vocational Abilities Development Promotion Act), Article 95, Article 96, Articles 98 through 100, Article 104, Article 108, Article 109, Article 112, Article 113, Article 115, Article 116, Article 119, Article 121, Article 123, Article 133, Article 135, Article 138, Article 139, Articles 161 through 163, Article 166, Article 169, Article 171, Article 172 (limited to the provisions amending Article 29, paragraph (1), item (i) of the Act on Rational Use and Proper Management of Fluorocarbons), Article 173; and the provisions of Article 16, Article 17, Article 20, Article 21, and Articles 23 through 29 of the Supplementary Provisions: date when six months have elapsed from the date of promulgation
(Transitional Measures Concerning Acts of Administrative Agencies)
Article 2Prior laws continue to govern dispositions and other acts that administrative agencies conducted before the date of enforcement of this Act (or the respective provisions stated in the items of the preceding Article; the same applies below in this Article and in the following Article) based on the laws before amendment by this Act or the provisions of orders issued under it (limited to the provisions that provide for ineligibility clauses and other measures related to 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 acts committed before the enforcement of this Act.
(Review)
Article 7Within approximately one year from the promulgation of this Act, the national government is to review the provisions of the Companies Act (Act No. 86 of 2005) and the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) that restrict a person's eligibility to be a corporate officer on the grounds of being an adult ward or a person under curatorship, and is to delete those provisions or take other necessary legislative measures based on the results of the review.
Supplementary Provisions [Act No. 68 of June 17, 2022 Extract] [Extract]
(Effective Date)
(1)This Act comes into effect as from the date of enforcement of the Act Partially Amending the Penal Code and Related Acts; provided, however, that the provisions stated in the following items come into effect on the dates specified respectively in those items:
(i)the provisions of Article 509: the date of promulgation
Supplementary Provisions [Act No. 52 of June 14, 2023 Extract] [Extract]
(Effective Date)
Article 1This Act comes into effect from the day specified by Cabinet Order within a period not exceeding 6 months from the date of promulgation; provided, however, that the provisions of Article 12 of the Supplementary Provisions come into effect on the date of promulgation.
(Review)
Article 2(1)
(3)In addition to what is stated in the preceding two paragraphs, when three years have elapsed after the enforcement of this Act, the national government is to review the provisions of this Act and, while taking into account the status of enforcement of respective Acts revised by this Act, take necessary measures based on the results of the review when necessary.
(Transitional Measures upon the Partial Amendment of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act)
Article 10(1)The provision of Article 7 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act as amended by the provisions of Article 8 (referred to as the "new Poultry Slaughtering Act" in the following paragraph) do not apply to the assignee of a poultry slaughtering business prescribed in Article 2, item (v) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act (referred to as the "Poultry Slaughtering Business" in the following paragraph) in the case where there was a transfer of such business before the Date of Enforcement.
(2)Until otherwise provided for by law, the prefectural governor must investigate the status of the business of the person who has succeeded to the status of a poultry slaughtering business operator pursuant to the provisions of Article 7, paragraph (1) of the new Poultry Slaughtering Act (limited to the person who has succeeded to such status by transfer of the poultry slaughtering business) at least once within a period not exceeding six months from the date of the succession of such status.
(Transitional Measures Concerning Penal Provisions)
Article 11Prior laws continue to govern the applicability of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act for cases in which prior laws continue to govern pursuant to the provisions of Article 3, paragraph (3) of the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 12Beyond what is provided for in Articles 3 through to the preceding Article of these Supplementary Provisions, necessary transitional measures related to the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.