The Order for Enforcement of the Consumer Product Safety Act is hereby promulgated.
Cabinet Order No. 48 of March 5, 1974
Order for Enforcement of the Consumer Product Safety Act
The Cabinet enacts this Cabinet Order pursuant to the provisions of Article 2, paragraph (2), Article 3, Article 25, paragraph (1), Article 64, paragraph (3), Article 82, Article 83, Article 94, Article 95, paragraph (1), item (iii), and paragraph (2), Article 96, and item (ix) of the Appended Table of the Consumer Product Safety Act (Act No. 31 of 1973).
(Specified Products)
Article 1
The specified products set forth in Article 2, paragraph (2) of the Consumer Product Safety Act (hereinafter referred to as the "Act") are as listed in Appended Table 1.
(Special Specified Products)
Article 2
The special specified products set forth in Article 2, paragraph (3) of the Act are as listed in the left-hand column of Appended Table 2.
(Specified Products Requiring Maintenance)
Article 3
The specified products requiring maintenance set forth in Article 2, paragraph (iv) of the Act are as listed in Appended Table 3.
(Incidents Excluded from Consideration as Product Incidents)
Article 4
The incidents specified by Cabinet Order set forth in Article 2, paragraph (5) of the Act are incidents where food sanitation hazards have occurred resulting from the apparatus provided for in Article 4, paragraph (4) of the Food Sanitation Act (Act No. 233 of 1947), containers and packaging provided for in paragraph (5) of the same Article, or toys provided for in Article 62, paragraph (1) of the same Act.
(Requirements for Serious Product Incidents)
Article 5
The requirements specified by Cabinet Order set forth in Article 2, paragraph (6) of the Act are any of the following:
-
(i)
any of the following harm has come to the lives or health of general consumers;
(a)
death;
(b)
injury or disease for which treatment requires no less than 30 days or which causes physical disability specified by Cabinet Office Order when the injury or disease is cured (including when relevant symptoms stabilize); or
(c)
carbon monoxide poisoning; or
-
(ii)
the occurrence of a fire.
(Other Acts Which May Provide for Standards or Requirements)
Article 6
Other Acts specified by Cabinet Order set forth in Article 3, paragraph (1) of the Act are to be as provided for respectively in the following items in accordance with the classification of the specified products listed in those items:
-
(i)
specified products listed in item (i) of Appended Table 1:
the Food Sanitation Act and the Electrical Appliances and Materials Safety Act (Act No. 234 of 1961); and
-
(ii)
specified products listed in items (vi) and (ix) of Appended Table 1:
the Electrical Appliances and Materials Safety Act.
(Transitional Period for Keeping of a Certificate)
Article 7
The period specified by Cabinet Order set forth in the proviso to Article 12, paragraph (1) of the Act is as listed respectively in the right-hand column of Appended Table 2 for each special specified product listed in the left-hand column of the same table.
(Valid Period of Registration of a Conformity Inspection Body)
Article 8
The period as specified by Cabinet Order set forth in Article 19, paragraph (1) of the Act is three years.
(Bearing of Expenses Required for Inspection at the Office of an Overseas Registered Conformity Inspection Body)
Article 9
The expenses specified by Cabinet Order set forth in Article 31, paragraph (2) of the Act are to be of an amount equivalent to the amount of travel expenses required for the ministry officials set forth in paragraph (1), item (viii) of the same Article (where the competent minister directs the Independent Administrative Agency National Institute of Technology and Evaluation (hereinafter referred to as "NITE") to conduct the inspection pursuant to the provisions of paragraph (3) of the same Article, the officials of NITE) to make an official trip to the location of the office or place of business subject to the inspection set forth in the same item for conducting the inspection. In this case, necessary details for the calculation of the amount of the travel expenses are specified by the order of the competent ministry.
(Other Acts Which Should Prevent the Occurrence and Increase of Safety Hazards Caused by Serious Product Incidents)
Article 10
Other Acts specified by Cabinet Order set forth in Article 35, paragraph (4) of the Act are the Act on Control of Household Products Containing Harmful Substances (Act No. 112 of 1973).
(Provisions of Other Acts Which May Order Recall and Other Measures)
Article 11
The provisions of other Acts specified by Cabinet Order set forth in Article 39, paragraph (1) of the Act are the following:
-
(i)
Article 54 of the Food Sanitation Act;
-
(ii)
Article 39-18 of the Gas Business Act (Act No. 51 of 1954);
-
(iii)
Article 42-5 of the Electrical Appliances and Materials Safety Act;
-
(iv)
Article 65 of the Act on the Securing of Safety and the Optimization of Transaction of Liquefied Petroleum Gas (Act No. 149 of 1967); and
-
(v)
paragraphs of Article 6 of the Act on Control of Household Products Containing Harmful Substances.
(Collection of Reports)
Article 12
(1)
The particulars on which the competent minister may direct, pursuant to the provisions of Article 40, paragraph (1) of the Act, a person engaged in the business of manufacturing or importing consumer products (excluding specified products and specified products requiring maintenance; hereinafter the same applies in this paragraph) to make a report are particulars concerning the kind, quantity, place of manufacture, storage or sale, and the main purchasers of the consumer products manufactured or imported, and concerning any safety hazards resulting from the use of the consumer products and measures implemented to prevent its recurrence, and other particulars concerning the operations in manufacturing or importing the consumer products.
(2)
The particulars on which the competent minister may direct, pursuant to the provisions of Article 40, paragraph (1) of the Act, a person engaged in the business of manufacturing or importing specified products (excluding specified products requiring maintenance; hereinafter the same applies in this paragraph) to make a report are particulars concerning the kind (the type of the specified products in the case of a notifying enterprise), quantity, place of manufacture, storage, or sale, the contents of the inspection record, and the main purchasers of the specified products manufactured or imported, and concerning any safety hazards resulting from the use of the specified products and measures implemented to prevent its recurrence, and other particulars concerning the operations in manufacturing or importing the specified products (including particulars concerning the measures set forth in Article 6, item (iv) of the Act in the case of a notifying enterprise).
(3)
The particulars on which the competent minister may direct, pursuant to the provisions of Article 40, paragraph (1) of the Act, a person engaged in the business of manufacturing or importing specified products requiring maintenance to make a report are particulars concerning the type, quantity, place of manufacture, storage, or sale, and the establishment of the design standard use period or the inspection period of the specified products requiring maintenance manufactured or imported, particulars concerning the labeling of products or a document or owner form to be attached to products, particulars concerning the management of owner information, particulars concerning notice of inspection notice particulars, particulars concerning the conduct of an inspection, particulars concerning the development of the system necessary to properly conduct an inspection or any other maintenance, particulars concerning the main purchasers, and concerning any safety hazards resulting from the use of the specified products requiring maintenance and measures implemented to prevent its recurrence, and other particulars concerning the operations in manufacturing or importing the specified products requiring maintenance.
(4)
The particulars on which the competent minister may direct, pursuant to the provisions of Article 40, paragraph (1) of the Act, a person engaged in the business of selling consumer products (excluding specified products requiring maintenance; hereinafter the same applies in this paragraph) to make a report are particulars concerning the kind, quantity, place of storage or sale, the supplier, and the main purchasers of the consumer products sold, and other particulars concerning the operations in selling the consumer products.
(5)
The particulars on which the competent minister may direct, pursuant to the provisions of Article 40, paragraph (1) of the Act, an enterprise transacting specified products requiring maintenance to make a report are particulars concerning the kind, quantity, place of storage or transaction of, and the transaction partners with regard to the specified products requiring maintenance transacted, particulars concerning explanation upon delivery, and other particulars concerning the operations in transacting the specified products requiring maintenance.
(6)
The particulars on which the Prime Minister may direct, pursuant to the provisions of Article 40, paragraph (3) of the Act, a person engaged in the business of manufacturing or importing consumer products to make a report are particulars concerning the kind, quantity, place of manufacture, storage or sale, and the main purchasers of the consumer products manufactured or imported, and concerning any safety hazards resulting from the use of the consumer products and measures implemented to prevent its recurrence, and other particulars concerning the operations in manufacturing or importing the consumer products.
(Competent Minister and Order of the Competent Ministry)
Article 13
(1)
The competent minister for the particulars provided for in Article 54, paragraph (1), item (iii) of the Act (excluding particulars concerning the collection of information under the provisions of Article 33 of the Act, the receipt of a notice under the provisions of Article 35, paragraph (3) of the Act, the consultation under the provisions of Article 36, paragraph (2) of the Act and the investigation under the provisions of paragraph (3) of the same Article, the consultation under the provisions of Article 37, paragraph (2) of the Act and the request under the provisions of paragraph (3) of the same Article, and the order under the provisions of Article 39, paragraph (1) of the Act) and the particulars provided for in Article 54, paragraph (1), item (iv) of the Act (excluding particulars concerning the recommendation under the provisions of Article 32-6, paragraph (1) of the Act and the publication under the provisions of paragraph (2) of the same Article, and the collection of information under the provisions of Article 32-21, paragraph (1) of the Act) is the Minister of Economy, Trade and Industry.
(2)
The competent minister for the recommendation under the provisions of Article 32-6, paragraph (1) of the Act and the publication under the provisions of paragraph (2) of the same Article is the minister having jurisdiction over the business in which the enterprise transacting specified products requiring maintenance engages.
(3)
The competent minister for particulars concerning the collection of information under the provisions of Article 32-21, paragraph (1) of the Act and particulars concerning the collection of information under the provisions of Article 33 of the Act, the receipt of a notice under the provisions of Article 35, paragraph (3) of the Act, the consultation under the provisions of Article 36, paragraph (2) of the Act and the investigation under the provisions of paragraph (3) of the same Article, the consultation under the provisions of Article 37, paragraph (2) of the Act and the request under the provisions of paragraph (3) of the same Article, and the order under the provisions of Article 39, paragraph (1) of the Act is the minister having jurisdiction over the business of manufacturing or importing the respective consumer products with regard to persons engaged in the business of manufacturing or importing consumer products pertaining to the collection of information, receipt of a notice, consultation, investigation, request and order.
(4)
The competent minister for particulars concerning the collection of reports under the provisions of Article 40, paragraph (1) of the Act and the on-site inspection under the provisions of Article 41, paragraph (1) of the Act and particulars concerning the acceptance of a request under the provisions of Article 52, paragraph (1) of the Act is as follows:
-
(i)
with respect to persons engaged in the business of manufacturing, importing or selling consumer products pertaining to the collection of reports, on-site inspection and acceptance of a request: the minister having jurisdiction over the business of manufacturing, importing or selling respective consumer products; and
-
(ii)
with respect to enterprises transacting specified products requiring maintenance pertaining to the collection of reports, on-site inspection and acceptance of a request: the minister having jurisdiction over the business of the enterprises transacting specified products requiring maintenance.
(5)
The competent minister for particulars concerning the collection of reports under the provisions of Article 40, paragraph (2) of the Act and the on-site inspection under the provisions of Article 41, paragraph (2) of the Act is the Minister of Economy, Trade and Industry.
(6)
The order of the competent ministry for the particulars provided for in Article 54, paragraph (1), item (iii) of the Act (excluding particulars concerning the receipt of a notice under the provisions of Article 35, paragraph (3) of the Act, the consultation under the provisions of Article 36, paragraph (2) of the Act and the investigation under the provisions of paragraph (3) of the same Article, the consultation under the provisions of Article 37, paragraph (2) of the Act and the request under the provisions of paragraph (3) of the same Article, and the order under the provisions of Article 39, paragraph (1) of the Act) and the particulars provided for in Article 54, paragraph (1), item (iv) of the Act (excluding particulars concerning the recommendation under the provisions of Article 32-6, paragraph (1) of the Act and the publication under the provisions of paragraph (2) of the same Article, and the collection of information under the provisions of Article 32-21, paragraph (1) of the Act) is an order issued by the competent minister provided for in paragraph (1).
(Processes Administered by the Prefectural or City Government)
Article 14
(1)
The processes that are under the authority of the Minister of Economy, Trade and Industry as provided for in Article 40, paragraph (1), Article 41, paragraph (1), and Article 42, paragraph (1) of the Act concerning persons engaged in the business of selling specified products or enterprises transacting specified products requiring maintenance (hereinafter referred to as "on-site inspection and other processes" in this Article) are to be performed by a person provided for respectively in the following items in accordance with the classification of cases listed in those items;
provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally performing theprocesses.
-
(i)
in the case where their offices, workplaces, stores or warehouses are located in an area in a city:
the mayor of the city (where the mayor of that city requests and the governor of the prefecture that includes the city finds it necessary, the prefectural governor and the city mayor); or
-
(ii)
in the case where their offices, workplaces, stores or warehouses are located in an area in a town or village:
the governor of the prefecture that includes the town or village.
(2)
A prefectural governor or a city mayor who has performed the on-site inspection and other processes provided for in the preceding paragraph pursuant to the provisions of the same paragraph must report to the Minister of Economy, Trade and Industry the results thereof pursuant to the provisions of the Order of the Ministry of Economy, Trade and Industry.
(3)
In the case where a prefectural governor or a city mayor performs the on-site inspection and other processes pursuant to the provisions of paragraph (1), the provisions on the Minister of Economy, Trade and Industry pertaining to the on-site inspection and other processes provided for in the Act are to apply to the prefectural governor or the city mayor as provisions on prefectural governors or city mayors, respectively.
(Authority Which Is Not Delegated to the Minister of State for Consumer Affairs)
Article 15
The authority specified by Cabinet Order set forth in Article 56, paragraph (1) of the Act is the authority to make a request under the provisions of Article 41, paragraph (6) of the Act.
(Processes for Which the Competent Minister May Give Instructions)
Article 16
The processes specified by Cabinet Order set forth in Article 57 of the Act are the processes to be performed by a prefectural governor or a city mayor pursuant to the provisions of Article 14, paragraph (1) (excluding those concerning enterprises transacting specified products requiring maintenance).
(Delegation of Authority)
Article 17
(1)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Article 4, paragraph (2), item (i) of the Act concerning persons whose factories or workplaces pertaining to the business of manufacturing specified products are located within an area under the jurisdiction of only one Regional Bureau of Economy, Trade and Industry, is to be exercised by the Director-General of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the factories or workplaces.
(2)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Article 4, paragraph (2), item (i) of the Act concerning persons whose offices, workplaces, stores or warehouses pertaining to the business of importing or selling specified products are located within an area under the jurisdiction of only one Regional Bureau of Economy, Trade and Industry is to be exercised by the Director-General of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the offices, workplaces, stores or warehouses.
(3)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Article 6, Article 7, paragraph (2), Articles 8 through 10, and Article 11, paragraph (1), item (i) of the Act concerning notifying enterprises whose factories or workplaces pertaining to the business of manufacturing specified products that belong to one classification of notification (meaning the classification of specified products specified by the order of the competent ministry as provided for in Article 6 of the Act; the same applies in the following paragraph) are located within an area under the jurisdiction of only one Regional Bureau of Economy, Trade and Industry is to be exercised by the Director-General of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the factories and workplaces.
(4)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Article 6, Article 7, paragraph (2), Articles 8 through 10, and Article 11, paragraph (1), item (i) of the Act concerning notifying enterprises whose offices, workplaces, stores or warehouses pertaining to the business of importing specified products that belong to one classification of notification are located within an area under the jurisdiction of only one Regional Bureau of Economy, Trade and Industry is to be exercised by the Director-General of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the offices, workplaces, stores or warehouses.
(5)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Articles 14 and 15 of the Act is to be exercised by the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of offices, factories, workplaces, stores or warehouses of the notifying enterprise;
provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority.
(6)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Article 32-2 of the Act is to be exercised by the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the head office or principal office of the specified manufacturer, etc.
(7)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Articles 32-16 and 32-20 of the Act is to be exercised by the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the head office or principal office of the specified manufacturer, etc.;
provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority.
(8)
The authority of the Minister of Economy, Trade and Industry pursuant to the provisions of Article 40, paragraph (1), Article 41, paragraph (1), and Article 42, paragraph (1) of the Act concerning persons engaged in the business of manufacturing or importing consumer products is to be exercised by the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of their offices, factories, workplaces, stores or warehouses;
provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority.
(Products Excluded from Consideration as Consumer Products)
Article 18
Other Acts specified by Cabinet Order set forth in item (ix) of the Appended Table of the Act are as listed in the left-hand column of Appended Table 4, and the products specified by Cabinet Order set forth in the same item are as listed in the right-hand column of Appended Table 4 respectively for each Act listed in the left-hand column of Appended Table 4.
Supplementary Provisions
(Effective Date)
(1)
This Cabinet Order comes into effect as of the day of promulgation.
(Transitional Measures)
(4)
With regard to consumer products listed in the left-hand column of Appended Table 1 and specified products provided for in the preceding paragraph, which have been sold to general consumers prior to the enforcement of this Cabinet Order, the provisions of Article 82 of the Act apply while the term "specified products" in the same Article is deemed to be replaced with "specified products which have been sold under the proviso to Article 4."
Supplementary Provisions
This Cabinet Order comes into effect as of October 1, 1974.
Supplementary Provisions
(Effective Date)
(1)
This Cabinet Order comes into effect as of the day of promulgation.
(Transitional Measures)
(2)
A person engaging in the business of manufacturing, importing or selling specified products listed in the left-hand column of row 6 to row 9 of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act revised pursuant to the provisions of Article 1 (hereinafter referred to as the "New Act") (hereinafter, the specified products are referred to as "additional specified products") may sell or display for the purpose of selling the additional specified products without labeling them under the provisions of Article 6 or Article 27 of the Consumer Product Safety Act (hereinafter referred to as the "Act") for one year and three months from the date on which this Cabinet Order comes into effect, notwithstanding the provisions of Article 4 of the Act.
(3)
In the case where a person engaging in the business of manufacturing, importing or selling additional specified products has sold additional specified products without labeling them as set forth in Article 6 or Article 27 of the act during the period of one year and three months from the date on which this Cabinet Order comes into effect (excluding the case where a registered manufacturer who has obtained the approval set forth in Article 23, paragraph (1) of the Act has sold additional specified products pertaining to the approval), the provisions of Article 35 of the Act do not apply to the additional specified products, and the term "specified products" in Article 82 of the Act is deemed to be replaced with "specified products which have been sold under the proviso to Article 4."
(4)
With regard to the application of the provisions of Article 82 of the Act to consumer products listed in the left-hand column of rows 6 through 9 in Appended Table 1 of the New Order which have been sold to general consumers prior to the enforcement of this Cabinet Order, the term "consumer products (excluding specified products)" in the same Article is deemed to be replaced with "consumer products."
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of the day of promulgation.
Supplementary Provisions
(1)
This Cabinet Order comes into effect as of the day of promulgation.
(2)
Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.
Supplementary Provisions
This Cabinet Order comes into effect as of the day of the enforcement of the Act on the Partial Revision of Relevant Acts to Facilitate Acquisition of Approval of Types, etc. by Foreign Enterprises (August 1, 1983).
Supplementary Provisions
This Cabinet Order comes into effect as of the day of promulgation.
Supplementary Provisions
(1)
This Cabinet Order comes into effect as of the day of the enforcement of the provisions of Article 10 of the Act on the Consolidation and Streamlining of Regulations on Permissions, Approvals and Other Private Sector Activities (excluding the provisions to revise the Appended Table of the Consumer Product Safety Act) (June 20, 1986).
(2)
Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of January 1, 1996.
(Transitional Measures)
Article 2
(1)
The labeling set forth in Articles 7 and 27 of the Consumer Product Safety Act (including the cases applied mutatis mutandis pursuant to Article 32-4, paragraph (2)) which is affixed to the specified products listed in the left-hand column of rows 1 through 3 and row 5 in Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act prior to revision by the provisions of Article 1, prior to the enforcement of this Cabinet Order, is deemed to be the labeling set forth in Article 32-10 of the same Act for three years from the day of the enforcement of this Cabinet Order.
(2)
Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of May 1, 1996.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of May 1, 1996.
Supplementary Provisions
This Cabinet Order comes into effect as of the day of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of April 1, 2000.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of October 1, 2000.
(Period to be Provided for by Cabinet Order as Set forth in Article 5, Paragraph (1) of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 2
The periods to be provided for by Cabinet Order as set forth in Article 5, paragraph (1) of the Supplementary Provisions of the Act on the Consolidation and Streamlining of Standards and Certification Systems Relating to the Ministry of International Trade and Industry (hereinafter referred to as the "Consolidation and Streamlining Act") are as listed in the right hand column of Appended Table 1 of the Supplementary Provisions with regard to specified products under transition listed in the left hand column of the Table (meaning specified products under transition prescribed in the paragraph).
(Period to be Provided for by Cabinet Order as Set forth in Article 5, Paragraph (2) of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 3
The periods to be provided for by Cabinet Order as set forth in Article 5, paragraph (2) of the Supplementary Provisions of the Consolidation and Streamlining Act are as listed in the right hand column of Appended Table 2 of the Supplementary Provisions with regard to special specified products under transition listed in the left hand column of the Table (meaning special specified products under transition prescribed in the same paragraph).
(Period to be Provided for by Cabinet Order as Set forth in Article 18, Paragraph (1) of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 4
The periods to be provided for by Cabinet Order as set forth in Article 18, paragraph (1) of the Supplementary Provisions of the Consolidation and Streamlining Act are as respectively listed in the right hand column of Appended Table 3 of the Supplementary Provisions with regard to each item of the liquefied petroleum gas equipment, etc. under transition listed in the left hand column of the Table (meaning liquefied petroleum gas equipment, etc. under transition prescribed in Article 16 of the Supplementary Provisions of the Consolidation and Streamlining Act).
(Period to be Provided for by Cabinet Order as Set forth in Article 18, Paragraph (2) of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 5
The periods to be provided for by Cabinet Order as set forth in Article 18, paragraph (2) of the Supplementary Provisions of the Consolidation and Streamlining Act are as respectively listed in the right hand column of Appended Table 4 of the Supplementary Provisions with regard to each item of the specified liquefied petroleum gas equipment, etc. under transition listed in the left hand column of the Table (meaning specified liquefied petroleum gas equipment, etc. under transition prescribed in the same paragraph).
(Period to be Provided for by Cabinet Order as Set forth in Article 19 of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 6
The periods to be provided for by Cabinet Order as set forth in Article 19 of the Supplementary Provisions of the Consolidation and Streamlining Act are as respectively listed in the right hand column of Appended Table 5 of the Supplementary Provisions with regard to each item of the second-class liquefied petroleum gas equipment, etc. under transition listed in the left hand column of the Table (meaning the second-class liquefied petroleum gas equipment, etc. under transition prescribed in the same Article).
(Period to be Provided for by Cabinet Order as Set forth in Article 61, Paragraph (1) of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 7
The periods to be provided for by Cabinet Order as set forth in Article 61, paragraph (1) of the Supplementary Provisions of the Consolidation and Streamlining Act are as respectively listed in the right hand column of Appended Table 6 of the Supplementary Provisions with regard to each item of the gas equipment under transition listed in the left hand column of the Table (meaning gas equipment under transition prescribed in Article 59 of the Supplementary Provisions of the Consolidation and Streamlining Act).
(Period to be Provided for by Cabinet Order as Set forth in Article 61, Paragraph (2) of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 8
The periods to be provided for by Cabinet Order as set forth in Article 61, paragraph (2) of the Supplementary Provisions of the Consolidation and Streamlining Act are as respectively listed in the right hand column of Appended Table 7 of the Supplementary Provisions with regard to each item of the specified gas equipment under transition listed in the left hand column of the Table (meaning specified gas equipment under transition prescribed in the same paragraph).
(Period to be Provided for by Cabinet Order as Set forth in Article 62 of the Supplementary Provisions of the Consolidation and Streamlining Act)
Article 9
The periods to be provided for by Cabinet Order as set forth in Article 62 of the Supplementary Provisions of the Consolidation and Streamlining Act are as respectively listed in the right hand column of Appended Table 8 of the Supplementary Provisions with regard to each item of the second-class gas equipment under transition listed in the left hand column of the Table (meaning the second-class gas equipment under transition prescribed in the same Article).
(Transitional Measures for Enforcement of the Consolidation and Streamlining Act)
Article 10
(1)
Beyond cases which is to continue to be governed by prior laws pursuant to the provisions of the following paragraph, prior laws continue to govern the first-class specified products listed in item (ii) of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act prior to revision by the provisions of Article 3, to which labeling under the provisions of Article 27 of the Consumer Product Safety Act prior to revision by the provisions of Article 1 of the Consolidation and Streamlining Act (hereinafter referred to as the "Old Consumer Product Safety Act" in this Article), as applied mutatis mutandis pursuant to Article 32-4, paragraph (2) of the Old Consumer Product Safety Act, is affixed, until the day on which three years pass from the day of the enforcement of the provisions of Article 1 of the Consolidation and Streamlining Act, notwithstanding the provisions of Article 4, paragraph (1) and Article 5 of the Consumer Product Safety Act revised by the provisions of Article 1 of the Consolidation and Streamlining Act (referred to as the "New Consumer Product Safety Act" in the following paragraph).
(2)
Prior laws continue to govern the sale or labeling of the first-class specified products listed in item (ii) of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act prior to revision by the provisions of Article 3, which are subject to approval of the type under the provisions of Article 32-4, paragraph (1) of the Old Consumer Products Safety Act, which is in effect at the time of the enforcement of the provisions of Article 1 of the Consolidation and Streamlining Act (including approval of the type obtained by deeming that it is to continue to be governed by prior laws pursuant to the provisions of Article 4, paragraph (1) or (3) of the Supplementary Provisions of the Consolidation and Streamlining Act (limited to the approval for a foreign registered manufacturer set forth in Article 32-2 of the Old Consumer Products Safety Act)), until the day on which three years pass from the day of the enforcement of the provisions of Article 1 of the Consolidation and Streamlining Act or the day on which 10 years pass from the day of the approval, whichever comes earlier, notwithstanding the provisions of Article 4, paragraph (1) and Article 5 of the New Consumer Products Safety Act.
Article 11
(1)
Beyond cases which is to continue to be governed by prior laws pursuant to the provisions of the following paragraph, with regard to first-class gas equipment prescribed in Appended Table 2 of the Order for Enforcement of the Gas Business Act prior to revision by the provisions of Article 1, to which labeling under the provisions of Article 39-12 of the Gas Business Act prior to revision by the provisions of Article 11 of the Consolidation and Streamlining Act (hereinafter referred to as the "Old Gas Business Act" in this Article), as applied mutatis mutandis pursuant to Article 39-14, paragraph (7) of the Old Gas Business Act, is affixed, and which is not prescribed in the left hand column of Appended Table 2 of the Order for Enforcement of the Gas Business Act revised by the provisions of Article 1 (referred to as "first-class gas equipment under transition" in the following paragraph), the provisions that continue to govern remain applicable until the day of the expiration of five years pass from the day of the enforcement of the provisions of Article 11 of the Consolidation and Streamlining Act, notwithstanding the provisions of Article 39-3, paragraph (1) and Article 39-4 of the Gas Business Act revised by the provisions of Article 11 of the Consolidation and Streamlining Act (referred to as the "New Gas Business Act" in the following paragraph).
(2)
With regard to the sale or labeling of first-class gas equipment under transition which is subject to approval of the type under the provisions of Article 39-13-3 of the Old Gas Business Act, which is in effect at the time of the enforcement of the provisions of Article 11 of the Consolidation and Streamlining Act (including approval of the type obtained by deeming that the provisions that continue to govern remain applicable pursuant to the provisions of Article 60, paragraph (1) or (3) of the Supplementary Provisions of the Consolidation and Streamlining Act (limited to the approval for a foreign registered manufacturer set forth in Article 39-13-3 of the Old Gas Business Act)), the provisions that continue to govern remain applicable until the day of the expiration of five years pass from the day of the enforcement of the provisions of Article 11 of the Consolidation and Streamlining Act or the day of the expiration of five years pass from the day on which the approval is obtained, whichever comes earlier, notwithstanding the provisions of Article 39-3, paragraph (1) and Article 39-4 of the New Gas Business Act.
(Transitional Measures Concerning Penal Provisions)
Article 12
Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order and acts committed after the enforcement of this Cabinet Order in the case which is to continue to be governed by prior laws pursuant to the provisions of these Supplementary Provisions.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of the day of the enforcement of the Act on the Partial Revision of the Cabinet Act (Act No. 88 of 1999) (January 6, 2001).
Supplementary Provisions
(Effective Date)
(1)
This Cabinet Order (excluding Article 1) comes into effect as of April 1, 2001.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of October 1, 2000;
provided, however, that the provisions of Articles 1 (limited to the part pertaining to item (i)) through 3 and Article 5, the provisions to revise Article 3 of the Order for Enforcement of the Consumer Product Safety Act in Article 10, and the provisions of Article 12 come into effect as of April 1, 2001.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of the day of promulgation.
(Transitional Measures)
Article 2
A person engaged in the business of manufacturing, importing or selling the specified products listed in item (v) of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act revised by this Cabinet Order (hereinafter referred to as "Additional Specified Products") may sell or display for the purpose of selling the Additional Specified Products without labeling them under the provisions of Article 13 of the Consumer Product Safety Act (hereinafter referred to as the "Act") for one month from the day of the enforcement of this Cabinet Order, notwithstanding the provisions of Article 4, paragraph (1) of the Act.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of August 1, 2003;
provided, however, that the provisions of paragraph (2) of the following Article come into effect as of the day of promulgation.
(Transitional Measures)
Article 2
(1)
A person engaged in the business of manufacturing, importing or selling the specified products listed in item (vi) of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act revised by this Cabinet Order (hereinafter referred to as "Additional Specified Products") may sell or display for the purpose of selling the Additional Specified Products without labeling them under the provisions of Article 13 of the Consumer Product Safety Act (hereinafter referred to as the "Act") for three months from the day of the enforcement of this Cabinet Order, notwithstanding the provisions of Article 4, paragraph (1) of the Act.
(2)
A person who intends to obtain a certification or approval as set forth in Article 12, paragraph (1) of the Act for Additional Specified Products may file an application for certification or approval prior to the enforcement of this Cabinet Order. The same applies to the notification of the business regulations under the provisions of Article 22, paragraph (1) of the Act (including the cases applied mutatis mutandis pursuant to Article 29, paragraph (2) of the Act).
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of the day of the enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions of the Act on the Partial Revision of the Food Sanitation Act, etc. (hereinafter referred to as the "Revision Act") (February 27, 2004).
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of the day of the enforcement of the Act on the Development of Acts Related to the Ministry of Economy, Trade and Industry to Promote Reform of Public Interest Corporations (March 1, 2004).
Supplementary Provisions
This Cabinet Order comes into effect as of the day of the enforcement of the Act on the Partial Revision of the Consumer Product Safety Act (May 14, 2007).
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of the day of the enforcement of the Act on the Partial Revision of the Consumer Product Safety Act (April 1, 2009).
(Transitional Measures Concerning Specified Products)
Article 2
A person engaged in the business of manufacturing, importing or selling the specified products listed in items (vii) through (ix) of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act revised by this Cabinet Order (hereinafter referred to as "Additional Specified Products") may sell or display for the purpose of selling the Additional Specified Products without labeling them under the provisions of Article 13 of the Consumer Product Safety Act (hereinafter referred to as the "Act") for two years from the day of the enforcement of this Cabinet Order, notwithstanding the provisions of Article 4, paragraph (1) of the Act.
(Transitional Measures Concerning Specified Products Requiring Maintenance)
Article 3
(1)
With regard to the application of Article 32-2 of the Act to a person engaged in the business of manufacturing or importing specified products requiring maintenance listed in Appended Table 3 of the Order for Enforcement of the Consumer Product Safety Act revised by this Cabinet Order at the time of the enforcement of this Cabinet Order, the term "starting date of the business" in paragraph (1) of the same Article is deemed to be replaced with "day of the enforcement of the Act on the Partial Revision of the Consumer Product Safety Act (Act No. 117 of 2007)."
(2)
The provisions of Articles 32-2 through 32-17 of the Act do not apply to specified products requiring maintenance set forth in the preceding paragraph which have been manufactured or imported prior to the enforcement of these provisions.
Supplementary Provisions
(Effective Date)
(1)
This Cabinet Order comes into effect as of the day of the enforcement of the Act for Establishment of the Consumer Affairs Agency and the Consumer Commission (September 1, 2009).
(Transitional Measures Concerning Penal Provisions)
(2)
Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of December 27, 2010;
provided, however, that the provisions of paragraph (2) of the following Article come into effect as of the day of promulgation.
(Transitional Measures)
Article 2
(1)
A person engaged in the business of manufacturing, importing or selling the specified products listed in item (x) of Appended Table 1 of the Order for Enforcement of the Consumer Product Safety Act revised by this Cabinet Order (hereinafter referred to as "Additional Specified Products") may sell or display for the purpose of selling the Additional Specified Products without labeling them under the provisions of Article 13 of the Consumer Product Safety Act (hereinafter referred to as the "Act") for nine months from the day of the enforcement of this Cabinet Order, notwithstanding the provisions of Article 4, paragraph (1) of the Act.
(2)
A person who intends to obtain a registration as set forth in Article 12, paragraph (1) of the Act for Additional Specified Products may file an application for registration prior to the enforcement of this Cabinet Order. The same applies to the notification of the business regulations under the provisions of Article 22, paragraph (1) of the Act (including the cases applied mutatis mutandis pursuant to Article 30, paragraph (2) of the Act).
Supplementary Provisions
(Effective Date)
Article 1
This Cabinet Order comes into effect as of April 1, 2012
(Transitional Measures upon Partial Revision of the Order for Enforcement of the Consumer Product Safety Act)
Article 6
The collection of reports or other acts which have been performed, prior to the effective date, by a prefectural governor pursuant to the provisions of Article 40, paragraph (1), Article 41, paragraph (1), or Article 42, paragraph (1) of the Consumer Product Safety Act and which are included in the processes to be performed by a city mayor after the effective date pursuant to these provisions are deemed to be the collection of reports or other acts having been performed by the city mayor respectively pursuant to these provisions.
Appended Table 1
(Re: Articles 1 and 6)
-
(i)
autoclaves and pressure cookers for household use (limited to those with an inner volume of not more than 10 liters which are designed to be used under a gauge pressure of not less than 9.8 kilopascals)
-
(ii)
riding helmets (limited to those for riding a two-wheeled motor vehicle or motorized bicycle)
-
(iii)
baby beds (limited to those designed to be used for the sleeping or caring of babies up to 24 months from their birth mainly at home; excluding beds that swing)
-
(iv)
climbing ropes (limited to those for ensuring bodily safety)
-
(v)
portable laser application devices (limited to those designed to display characters or figures by emitting a laser beam (limited to a visible beam) outside)
-
(vi)
hot water circulators for baths (limited to those designed to be used mainly at home; excluding those where the water suction port and jetting port are united in terms of structure and which circulate water exclusively for heating and those of which the maximum flow of water that can be circulated is less than 10 liters per minute)
-
(vii)
oil water heaters (limited to those of which the amount of consumed kerosene is not more than 70 kilowatts and of which the heat exchanger capacity is not more than 50 liters; the same applies hereinafter)
-
(viii)
oil bath boilers (limited to those of which the amount of consumed kerosene is not more than 39 kilowatts; the same applies hereinafter)
-
(ix)
oil heaters (limited to those of which the amount of consumed kerosene is not more than 12 kilowatts [7 kilowatts in the case of an open combustion type oil heater which is a natural draft type])
-
(x)
lighters (including apparatuses that light things other than tobacco; limited to those for household use with an integral fuel container where the whole or part of the container is made of plastic)
Appended Table 2
(Re: Articles 2 and 7)
(i) Baby beds (limited to those designed to be used for the sleeping or caring of babies up to 24 months from their birth mainly at home; excluding beds that swing)
Ten years
(ii) Portable laser application devices (limited to those designed to display characters or figures by emitting a laser beam [limited to a visible beam] outside)
Three years
(iii) Hot water circulators for baths (limited to those designed to be used mainly at home; excluding those where the water suction port and jetting port are united in terms of structure and which circulate water exclusively for heating and those where the maximum flow of water that can be circulated is less than 10 liters per minute)
Three years
(iv) Lighters (including apparatuses that light things other than tobacco; limited to those for household use with an integral fuel container where the whole or part of the container is made of plastic)
Three years
Appended Table 3
(Re: Article 3)
-
(i)
instantaneous gas water heaters listed in item (i) of Appended Table 1 of the Order for Enforcement of the Gas Business Act (Cabinet Order No. 68 of 1954) (excluding outdoor type heaters (meaning those that are installed outdoors and have a structure that is resistant to the effects of wind and rain; the same applies hereinafter))
-
(ii)
instantaneous liquefied petroleum gas water heaters listed in item (iii) of Appended Table 1 of the Order for Enforcement of the Act on the Securing of Safety and the Optimization of Transaction of Liquefied Petroleum Gas (Cabinet Order No. 14 of 1968) (excluding outdoor type heaters)
-
(iii)
oil water heaters
-
(iv)
bath boilers with the gas burner listed in item (iii) of Appended Table 1 of the Order for Enforcement of the Gas Business Act (excluding outdoor type bath boilers)
-
(v)
bath boilers with the liquefied petroleum gas burner listed in item (v) of Appended Table 1 of the Order for Enforcement of the Act on the Securing of Safety and the Optimization of Transaction of Liquefied Petroleum Gas (excluding outdoor type bath boilers)
-
(vi)
oil bath boilers
-
(vii)
electric dishwashers listed in item (viii), 27 of Appended Table 2 of the Order for Enforcement of the Electrical Appliances and Materials Safety Act (Cabinet Order No. 324 of 1962) (limited to those designed to be built in integrated kitchen systems (meaning products which are manufactured in the form where a kitchen sink, kitchen counter, cupboards, and other apparatuses or facilities necessary for cooking food are integrated) which use electricity as the source of heat)
-
(viii)
hot air heaters listed in item (viii), 48 of Appended Table 2 of the Order for Enforcement of the Electrical Appliances and Materials Safety Act (limited to enclosed combustion types of which the amount of consumed kerosene is not more than 12 kilowatts)
-
(ix)
electric dryers listed in item (viii), 60 of Appended Table 2 of the Order for Enforcement of the Electrical Appliances and Materials Safety Act (limited to those for use in bathrooms which have an electric heating device)
Appended Table 4
(Re: Article 18)
(i) Ship Safety Act (Act No. 11 of 1933)
Items pertaining to the particulars listed in the items of Article 2, paragraph (1) of the Ship Safety Act
(ii) Road Trucking Vehicle Act (Act No. 185 of 1951)
Automobile devices listed in the items of Article 41 of the Road Trucking Vehicle Act and motorized bicycle devices listed in Article 44, items (iii) through (xi) of the same Act