Order on the Manufacture and Distribution in Commerce of Mercury-using Product Not Covered by Any Known Use
Under Article 13 and Article 14, paragraphs (1) and (2) of the Act on Preventing Mercury Pollution of the Environment (Act No. 42 of 2015), this order provides the manufacture and distribution, etc. in commerce of mercury-using product not covered by any known use as follows.
(Terms)
Article 1  The terms referred to in this Ministerial Order have the same meanings as the terms used in the Act on Preventing Mercury Pollution of the Environment (referred bellow to as "the Act").
(Mercury-using Products Used for Existing Purposes)
Article 2  The products provided by the Order of the competent ministry referred to in Article 13 of the Act are the followings:
(i) mercury-using products listed in the left column of the appended table, which are used for the purposes listed in the right column of that table;
(ii) mercury-using products manufactured by using the mercury-using products listed in items (1) through (51) in the left column of the appended table, as materials or components for the mercury-using products respective purposes listed in the right column of that table;
(iii) mercury-using products listed in items (1) through (51) in the left column of the appended table or formulation of mercury or mercury compounds, used for calibration, testing, research or analysis; and
(iv) beyond what is stated in the preceding three items, mercury-using products manufactured or imported before the day of enforcement of the Act and possess high historical or artistic value thus intended for display, appreciation, study, research, and other purposes.
(Evaluation methods for manufacture, etc. or Distribution in Commerce of mercury-using products not covered by any known use)
Article 3  Methods provided by the Order of the competent ministry referred to in Article 14, paragraph (1) of the Act are the followings, for the following mercury-using products not covered by any known use:
(i) mercury-using products not covered by any known use, excluding those stated in the following items: the following methods:
(a) obtain the following information necessary for the evaluation under Article 14, paragraph (1) of the Act (referred to bellow as "self-evaluation");
1. the structure, usage and other related information of said mercury-using products not covered by any known use;
2. the quantity of estimated emissions of mercury or mercury compounds into the environment, through the manufacture, use, disposal, etc. of that mercury-used new products not covered by any known use;
3. impacts of that mercury-using products not covered by any known use on the protection of human health or the conservation of the living environment;
(b) based on the information pursuant to item (i), (a), conduct objective and scientific verification, select appropriate evaluation items (referred to bellow as "evaluation items") and clarify the reasons of those selections, regarding the contribution and the adverse impacts (referred to bellow as "contribution and impacts, etc.") on the protection of human health and the living environment, from the use of the mercury-using products not covered by any known use;
(c) conduct a comprehensive evaluation on whether the use of mercury-using products not covered by any known use contributes to the protection of human health and the living environment or not, by establishing multiple proposals on the performance or the quantity of manufacture or distribution in commerce of that mercury-using products not covered by any known use, or the quantity of mercury or mercury compounds used in products (referred to bellow as "multiple proposals"), by examining, analyzing, organizing and comparing the degree of contribution and impacts, etc. of evaluation items of each of multiple proposals, and intercomparing the degree of the contribution and impacts, etc. of each of the multiple proposals;
(d) when it is possible to examine proposals including those prohibiting the use of mercury or mercury compounds as well as the manufacture or distribution in commerce of mercury-using products not covered by any known use, efforts are to be made to include those proposals when establishing multiple proposals referred to in item (i), (c), and the reasons are to be clarified when those proposals are not included;
(e) when measures are taken to avoid or lessen adverse impacts on human health and the living environment relating to the evaluation items as much as possible, consider the effects of the measures in the comprehensive evaluation process pursuant to item (i), (c); and
(f) perform a quantitative study and analysis as much as possible, through calculations based on theories, quoting or analyzing cases, and other relevant means for self-evaluation, and obtain advice as necessary from experts and other persons with specific knowledge about the contribution and impacts of the mercury-using products not covered by any known use.
(ii) mercury-using products not covered by any known use, where notification is made under Article 14, paragraph (2) of the Act, and the competent minister designates that their use contributes to the protection of human health and the living environment: conduct evaluation on whether the manufacture or distribution in commerce of the mercury-using products not covered by any known use is within the scope of the quantity and other designated conditions or not by the competent minister for the manufacture and distribution in commerce of these products.
(Notifications on Evaluations Relating to the Manufacture or Distribution in Commerce of mercury-using products not covered by any known use)
Article 4  (1) A person intending to conduct evaluations under Article 14, paragraph (1) of the Act and provide notifications under Article 14, paragraph (2) of that Act, must submit a written form using the appended form to the competent minister, relating to the notification, forty-five days before the day of business commencement on the manufacture or distribution in commerce of mercury-using products not covered by any known use.
(2) In the case of a corporation, the articles of incorporation and a certificate of registered matters of the corporation must be attached with the notification referred to in the preceding paragraph.
(Notification Matters)
Article 5  The matters provided by Ordinance of the competent ministry referred to in Article 14, paragraph (2) of the Act are to be the following matters:
(i) the name, address, and, in the case of a corporation, the name of the representative;
(ii) the types and intended uses of mercury-using products not covered by any known use, of which their manufacture or distribution in commerce is intended for business;
(iii) the names and models of the mercury-using products not covered by any known use of which their manufacture or distribution in commerce is intended for business;
(iv) the quantity of mercury or mercury compounds per unit of mercury-using products not covered by any known use, of which their manufacture or distribution in commerce is intended for business, and the quantity of their manufacture or distribution in commerce within a certain period of time;
(v) the structure, usage and other related information of mercury-using products not covered by any known use, of which their manufacture or distribution in commerce is intended for business;
(vi) the results of self-evaluation; and
(vii) the methods used for the study and analysis of the self-evaluation.
Supplementary Provisions
This order comes into effect on the date on which the Act comes into effect
Supplementary Provisions  [Ordinance of the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment No. 1, April 28, 2017]
This order comes into effect on the date of promulgation.
Supplementary Provisions  [Order of the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment No. 4, December 3, 2018]
This order comes into effect on the date of promulgation, applied from August 16, 2017.
Supplementary Provisions  [Order of the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment No. 2, June 28, 2019]
This order comes into effect on the date of promulgation. However, the section that renames the Japanese Industrial Standards from Nihon Kōgyō Kikaku to Nihon Sangyō Kikaku comes into effect on the date on which the Act Partially Amending the Japanese Unfair Competition Prevention Act and Other Related Laws comes into effect (July 1, 2019).
Supplementary Provisions  [Ordinance of the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment No. 9, December 28, 2020]
(Date of enforcement)
Article 1  The order comes into effect on the date of promulgation.
(Transitional Measures)
Article 2  (1) A document that is used in accordance with the format before the amendment by this order (referred to as the "former format" in the following paragraph) and that exists at the time of enforcement of this order is deemed to be a document in accordance with the format as amended by this order.
(2) A form following the former format that existed before the enforcement of this order may be used by making amendments to the relevant sections of the form until otherwise provided for by law.
Supplementary Provisions  [Order of the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment No. 4, April 26, 2024]
This order comes into effect on the date of promulgation, and the Order on the Manufacture and Distribution in Commerce of Mercury-using products not covered by any known use after the amendment by this order applies on August 16, 2017.
Appended Table (related to Article 2)
|Mercury using Products|Use|
|1. Primary batteries (limited to: alkaline button batteries, mercury batteries, zinc-air batteries, button zinc silver oxide batteries, manganese dry-cell batteries, and alkaline dry-cell batteries)|Power source for small electronics and other devices|
|2. Standard batteries cell|Standards for electromotive force measurements|
|3. Switch and relay|1. Switching signals, etc. in electronic circuits|
|2. Detecting electrical currents|
|3. Sensing temperatures|
|4. Sensing inclinations, vibrations, and shocks|
|4. Fluorescent lamp (including cold cathode fluorescent lamp- CCFL, and external electrode fluorescent lamp- EEFL. The same applies bellowhereinafter.)|1. Ensuring illumination|
|2. Creating visual effects or demonstrating the colors/ , emphasizing the true colors of arts, crafts and other goods, in their display, filming, and staging|
|3. Displaying figures, letters, and graphics on in electronic devices|
|4. Scanning documents and graphics|
|5. Information  S  signal transduction transmission|
|6. Appraisement, detection, screening, or conducting measurements|
|7. Photosensitization|
|8. Producing fluorescence|
|9. Fostering growth of living organisms|
|10. Harvesting, capturing, or controlling organisms|
|11. Producing suntan|
|12. Sterilization|
|5. High-intensity discharge (HID) lamp|1. Ensuring illumination|
|2. Stage and other production|
|3. Creating visual effects or demonstrating /  and emphasizing the true colors of arts, crafts and other goods, through their display, filming and staging|
|4. Screening figures, letters, and graphics on the projector|
|5. Signal transduction|
|6. Appraisement, detection, screening, or measurements|
|7. Exposure to light|
|8. Producing fluorescence|
|9. Fostering growth of living organisms|
|10. Capturing, harvesting, or controlling organisms|
|11. Producing suntan|
|12. Sterilization|
|6. Discharge lamp (excluding fluorescent lamps and HID lamps)|1. Signal transduction|
|2. Appraisement, detection, screening, or measurements|
|3. Photosensitization|
|4. Fostering growth of living organisms|
|5. Sterilization|
|7. Cosmetic products|Applying, spreading, or using other similar means for the purpose of cleansing people's bodies, enhancing beauty and attractiveness, changing appearance, or maintaining healthy skin and hair|
|8. Agricultural chemicals|Controlling viruses, bacteria, nematodes, termites, insects, mice, or other animals and  / plants that harm corps  crops agricultural products (including trees and agricultury,   forestry  farm/forest products)|
|9. Pesticide, biocide, topical antiseptics (excluding pharmaceutical products and agricultural chemicals)|Controlling animals, plants or viruses|
|10. Barometer|Measuring atmospheric pressure|
|11. Hygrometer|Measuring the moisture content of gas|
|12. Liquid calumn column manometer|Measuring the gauge pressure of gas|
|13. Elastic manometer (limited to diaphragm type)|Measuring the gauge pressure of liquids|
|14. Pressure transmitter (limited to diaphragm type)|Measuring the gauge pressure of liquids|
|15. Vacuum gauge|Measuring the absolute pressure of gas|
|16. Glass thermometer|Measuring temperature of gas, liquids, or solids|
|17. Mercury-filled pressure thermometer|Measuring temperature of gas or liquids|
|18. Mercury clinical thermometer|Measuring body temperature|
|19. Mercury sphygmomanometer|Measuring blood pressure|
|20. Temperature fixed-point cell|Achieving fixed point temperature|
|21. Rubber|Fixing small home appliances|
|22. Pigment|Coloring items|
|23. Perfume|Providing scents in cosmetic products|
|24. Detonator|Explosion|
|25. Fireworks|Entertainment|
|26. Paint|1. Coloring, polishing, or coating|
|2. Preventing the adhesion of shellfish, algae, and other aquatic organisms|
|3. Measuring or monitoring the surface temperature of items|
|27. Daguerreotype|Entertainment|
|28. Mercury alloy pellets and mercuary mercury powder|Enclosing mercury inside fluorescent lamps (including CCFL and EEFL), HID lamps, and discharge lamps (excluding fluorescent lamps and HID lamps).|
|29. Boiler (limited to those used in a two phase fluid cycle)|Generating steam|
|30. Rotating lens assembly of a lighthouse|Floating lens|
|31. Diffusion pump|Reducing pressure and maintaining such state|
|32. Pressure relief device|Reducing pressure|
|33. Damper|Reducing the impact from vibration and shock|
|34. X-ray tube|Generating X-ray|
|35. Mercury-based prototype for resistance|Standard for electrical resistance|
|36. Rotary connector|Supplying electricity or extracting signal through the rotating body|
|37. Infrared detection element|Detecting infrared and converting it into electrical signals|
|38. Float type densitometer|Measuring the density of liquids|
|39. Frequency standard|Standard for frequency and time|
|40. Radiation detector|Radiation d Detecting|
|41. Detector tube|Detecting gas or measuring its concentration|
|42. Elapsed time indicator|Measuring the accumulated time of which the devices are used|
|43. Strain gauge type sensor|Measuring strains|
|44. Coulometer|Measuring the magnitude of an electric charge|
|45. Reference electrode|Standard for measuring or controlling electric potential|
|46. Gyrocompass|Determining the course and geographical direction|
|47. Mirror|Reflecting light|
|48. Grip dynamometer|Measuring the strength of one's grip|
|49. Pharmaceutical products|Diagnosis, treatment, or prevention of diseases for human beings or other animals|
|50. Polishing agent|Polishing|
|51. Arts and crafts|Entertainment|
|52. Formulation of mercury|Dental treatment|
|53. Formulation of mercury (I) chloride|Manufacturing ceramic products|
|54. Formulation of mercury (II) chloride|1. Leather tanning|
|2. Fireproofing wood|
|3. Sensitizing photographs|
|4. Cleaning acetylene gas|
|5. Cleaning gas for semiconductor materials|
|55. Formulation of mercury (II) iodide|Sensitizing photographs|
|56. Formulation of mercury (I) nitrate|Processing felt in hat manufacturing|
|57. Formulation of mercury (II) nitrate|Processing felt in hat manufacturing|
|58. Formulation of mercury (II) thiocyanate|Sensitizing photographs|
|59. Formulation of phenylmercury (II) acetate|1. Leather tanning or paper manufacturing|
|2. Softener for fiber|