Act No. 116 of June 7, 2000 Act on Promotion of Recycling and Related Activities for Treatment of Cyclical Food Resources Table of Contents Chapter I General Provisions (Articles 1 and 2) Chapter II Basic Policy (Articles 3 to 6) Chapter III Implementation of Recycling and Related Activities by Food-Related Business Operators (Articles 7 through 10) Chapter IV Registered Recycling Business Operators (Articles 11 through 18) Chapter V Recycling Business Plan (Articles 19 and 20) Chapter VI Miscellaneous Provisions (Articles 21 through 26) Chapter VII Penal Provisions (Articles 27 through 30) Supplementary Provisions Chapter I General Provisions
(Purpose) Article 1 The purpose of this Act is to establish basic provisions concerning recycling of and heat recovery from cyclical food resources and generation control and reduction of food waste, etc., and, by implementing measures to promote the recycling of cyclical food resources by food-related business operators, ensure the effective use of food-related resources and control the generation of food-related waste, promote the sound development of food manufacturing and related businesses, and contribute to the preservation of the living environment and the sound development of the national economy.
(Definitions) Article 2 (1) The term "food" as used in this Act means food and drinks other than pharmaceuticals, quasi-pharmaceutical products, and regenerative medicine products specified in the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145 of 1960). (2) The term "food waste, etc." as used in this Act means the following items: (i) items that are disposed of after they have been used for food or that are disposed of without being used for food; (ii) items that are not suitable for human consumption among those obtained incidentally during manufacturing, processing, or cooking of food. (3) The term "cyclical food resources" as used in this Act means useful items among food waste, etc. (4) The term "food-related business operator" as used in this Act means the following persons: (i) a person engaged in manufacture, processing, wholesale, or retail of food in the course of trade; and (ii) a person engaged in restaurant business or other businesses specified by Cabinet Order as involving the provision of meals. (5) The term "recycling" as used in this Act means the following acts: (i) using cyclical food resources as raw materials for fertilizers, feeds, or other products specified by Cabinet Order by oneself or by entrusting to another person; and (ii) transferring cyclical food resources for the purpose of using as an ingredient of fertilizers, feed, or other products specified by Cabinet Order as referred to in the preceding item. (6) The term "heat recovery" as used in this Act means the following acts: (i) using cyclical food resources for obtaining heat by oneself or by entrusting to another person (limited to uses that conform to the standards specified by order of the competent ministry as contributing to ensuring the effective use of cyclical food resources); and (ii) transferring cyclical food resources for the purpose of using them to obtain heat (limited to uses that conform to the standards specified by order of the competent ministry as contributing to ensuring the effective use of cyclical food resources). (7) The term "reduction" as used in this Act means to reduce the amount of food waste, etc. through dehydration, drying, or other methods specified by order of the competent ministry.
Chapter II Basic Policy
(Basic Policy) Article 3 (1) The competent minister is to establish the basic policy on the promotion of recycling and related activities for treatment of cyclical food resources (referred to below as the "basic policy") pursuant to the provisions of Cabinet Order, to comprehensively and systematically promote recycling of and heat recovery from cyclical food resources and, control and reduction of generation of food waste, etc. (referred to below as "recycling and related activities for treatment of cyclical food resources"). (2) The basic policy is to provide for the following matters: (i) the basic direction for promoting recycling and related activities for treatment of cyclical food resources; (ii) the targets for the amount of recycling and related activities for treatment of cyclical food resources that should be implemented; (iii) the matters concerning measures for promoting recycling and related activities for treatment of cyclical food resources; (iv) the matters concerning the dissemination of knowledge on the significance of promoting recycling and related activities for treatment of cyclical food resources as activities contributing to environmental conservation; and (v) other important matters concerning the promotion of recycling and related activities for treatment of cyclical food resources. (3) When the competent minister intends to establish or amend the basic policy, the minister must consult with the heads of the relevant administrative bodies and hear the opinions of the Council of Food, Agriculture and Rural Area Policies and the Central Environmental Council. (4) When the competent minister has established or amended the basic policy, the minister must publicize it without delay.
(Responsibilities of Business Operators and Consumers) Article 4 Business operators and consumers must endeavor to control the generation of food waste, etc. by improving methods of purchasing or cooking food, and must endeavor to promote recycling of cyclical food resources by using products obtained through recycling of cyclical food resources.
(Responsibilities of the National Government) Article 5 (1) The national government must endeavor to take measures such as securing the funds necessary to promote recycling and related activities for treatment of cyclical food resources. (2) The national government must endeavor to collect, organize, and utilize information on cyclical food resources, advance research and development concerning promotion of recycling and related activities for treatment of cyclical food resources, and disseminate their results, and take other necessary measures. (3) The national government must endeavor to deepen public understanding of the promotion of recycling and related activities for treatment of cyclical food resources through educational activities, public relations activities, etc. and seek public cooperation for their implementation.
(Responsibilities of Local Governments) Article 6 Local governments must endeavor to promote recycling and related activities for treatment of cyclical food resources in accordance with the socioeconomic conditions of their areas.
Chapter III Implementation of Recycling and Related Activities by Food-Related Business Operators
(Matters that Should be Standards of Judgment for Food-Related Business Operators) Article 7 (1) The competent minister is to specify the matters that should be the standards of judgment for food-related business operators of measures to be taken to achieve the targets referred to in Article 3, paragraph (2), item (ii) and other measures by the provisions of order of the competent ministry, in order to promote the recycling and related activities for treatment of cyclical food resources. (2) The matters that should be the standards of judgment prescribed in the preceding paragraph are to be specified by taking into consideration the status of recycling and related activities for treatment of cyclical food resources, the technical level related to the promotion of recycling and related activities for treatment of cyclical food resources and other circumstances, and are to be amended as necessary depending on the changes in those circumstances. (3) When the competent minister intends to specify or amend the matters that should be the standards of judgment prescribed in paragraph (1), the minister must hear the opinions of the Council of Food, Agriculture and Rural Area Policies and the Central Environmental Council.
(Guidance and Advice) Article 8 The competent minister may provide food-related business operators with necessary guidance and advice on recycling and related activities for treatment of cyclical food resources by taking into consideration the standards of judgment prescribed in paragraph (1) of the preceding Article, if the minister finds it necessary for ensuring the proper implementation of recycling and related activities for treatment of cyclical food resources.
(Periodical Reports) Article 9 (1) A food-related business operator whose amount of food waste, etc. generated in the course of their business activities meets the requirements specified by Cabinet Order (referred to as a " large volume generator of food waste, etc. " in the following Article) must make a report to the competent minister on the matters specified by order of the competent ministry concerning the amount of food waste, etc. generated and the status of recycling and related activities for treatment of cyclical food resources each fiscal year, pursuant to the provisions of order of the competent ministry,. (2) In the case of a food-related business operator that sells or mediates the sale of goods continuously based on a standard form contract, and conducts business that provides guidance on management, whose general conditions for the business include provisions on the disposal of food waste, etc. generated in the course of business activities by a person who participates in the business (referred to below as a "participant" in this paragraph) and are specified by order of the competent ministry, the amount of food waste, etc. generated in the course of business activities by a food-related business operator prescribed in the preceding paragraph is to include the amount of food waste, etc. generated in the course of business activities by the participant.
(Recommendations and Orders) Article 10 (1) If the competent minister finds that the recycling and related activities for treatment of cyclical food resources of a large volume generator of food waste, etc. is significantly inadequate in light of the matters that should be the standards of judgment prescribed in Article 7, paragraph (1), the minister may make a recommendation to the large volume generator of food waste, etc. to take necessary measures for recycling and related activities for treatment of cyclical food resources by presenting the grounds for the judgment. (2) If the large volume generator of food waste, etc. that has received the recommendation prescribed in the preceding paragraph does not follow the recommendation, the competent minister may make a public announcement to that effect. (3) If a large volume generator of food waste, etc. that has received the recommendation prescribed in paragraph (1) does not take the measures related to the recommendation without legitimate grounds even after the competent minister has publicized that they have not followed the recommendation pursuant to the provisions of the preceding paragraph, and the minister finds that this significantly harms the promotion of recycling and related activities for treatment of cyclical food resources, the minister may order the large volume generator of food waste, etc. to take the measures related to the recommendation after hearing the opinions of the Council of Food, Agriculture and Rural Area Policies and the Central Environmental Council.
Chapter IV Registered Recycling Business Operators
(Registration) Article 11 (1) A person who manufactures fertilizers, feeds, or other products made from cyclical food resources, which are specified by Cabinet Order referred to in Article 2, paragraph (5), item (i) (referred to below as "specified fertilizers, feeds, etc.") in the course of trade, may have their place of business registered by the competent minister. (2) A person seeking to apply for the registration referred to in the preceding paragraph must submit a written application stating the following matters to the competent minister, pursuant to the provisions of order of the competent ministry: (i) the name and address of the person, and for a corporation, the name of its representative; (ii) the content of the recycling business (meaning the business of manufacturing specified fertilizers, feeds, etc.; the same applies below); (iii) the name and location of the place of business where the recycling business is conducted; (iv) the type and size of the facility to be used for the manufacture of specified fertilizers, feeds, etc.; (v) the location of the facility where the specified fertilizers, feeds, etc. are stored and the place of business where they are sold; and (vi) other matters specified by order of the competent ministry. (3) If the competent minister finds that the application for the registration referred to in paragraph (1) conforms to all of the following items, the minister must grant the registration: (i) the content of the recycling business conforms to the standards specified by order of the competent ministry as not hindering the preservation of the living environment; (ii) the matters stated in item (iv) of the preceding paragraph conform to the standards specified by order of the competent ministry as being sufficient for efficiently implementing the recycling business; and (iii) the person who has filed the application has a sufficient financial basis to properly and smoothly implement the recycling business. (4) A person who falls under any of the following items may not obtain the registration referred to in paragraph (1): (i) a person that has been sentenced to a fine or a heavier punishment pursuant to the provisions of this Act and for whom two years have not passed since the day on which the person finished serving the sentence or ceased to be subject to the sentence; (ii) a person whose registration has been revoked pursuant to the provisions of Article 17, paragraph (1), and for whom two years have not passed since the date of the revocation; or (iii) a corporation that has a person among the officers conducting its business who falls under either of the preceding two items. (5) When a person who has obtained the registration referred to in paragraph (1) (referred to below as a "registered recycling business operator") has changed any of the matters stated in the items of paragraph (2), or has discontinued the recycling business related to the registration referred to in paragraph (1), the person must notify the competent minister to that effect without delay. (6) The competent minister must notify the prefectural governor who has jurisdiction over the location of the place of business referred to in paragraph (2), item (iii) to that effect without delay, when they have made the registration referred to in paragraph (1), or accepted the notification referred to in the preceding paragraph (excluding when the registration referred to in paragraph (1) is revoked pursuant to the provisions of Article 17, paragraph (1)).
(Renewal of Registration) Article 12 (1) Unless the registration referred to in paragraph (1) of the preceding Article is renewed every five years, the registration ceases to be effective on the expiration of that period. (2) The provisions of paragraphs (2) through (6) of the preceding Article apply mutatis mutandis to the renewal referred to in the preceding paragraph.
(Restriction on Use of Names) Article 13 A person who is not a registered recycling business operator must not use the name "registered recycling business operator" or any other name that is confusingly similar to that name.
(Posting of Signs) Article 14 A registered recycling business operator must post a sign in the form specified by order of the competent ministry in a place that is easily visible to the public at each place of business where the recycling business related to the registration is conducted, and make the sign available for public inspection by automatic public transmission (meaning automatically making a transmission in response to a request from the public for the purpose of being directly received by the public, excluding those that fall under broadcasting or cablecasting) by connecting to telecommunications line pursuant to the provisions of order of the competent ministry, excluding when the scale of business is extremely small or in other cases specified by order of the competent ministry.
(Fees) Article 15 (1) A registered recycling business operator must set the fee for the recycling business and notify the competent minister of the fee before the implementation of the recycling business. The same applies when the registered recycling business operator intends to change the fee. (2) When the competent minister finds the fee referred to in the preceding paragraph to be inappropriate for promoting the recycling and related activities for treatment of cyclical food resources, and finds it particularly necessary, the minister may instruct the registered recycling business operator to change the fee. (3) A registered recycling business operator must give public notice of the fee referred to in paragraph (1) pursuant to the provisions of order of the competent ministry.
(Prohibition of Discriminatory Treatment) Article 16 A registered recycling business operator must not treat a certain person in an unjust and discriminatory manner when implementing the recycling business.
(Revocation of Registration) Article 17 (1) The competent minister may revoke the registration referred to in Article 11, paragraph (1) when a registered recycling business operator falls under any of the following items: (i) when the person has obtained the registration referred to in Article 11, paragraph (1) or its renewal through unlawful means; (ii) when the person no longer conforms to the requirements stated in the items of Article 11, paragraph (3); (iii) when the person has violated an instruction under the provisions of Article 15, paragraph (2); or (iv) when the person has violated the provisions of this Chapter or the provisions of an order based on those provisions. (2) The provisions of Article 11, paragraph (6) apply mutatis mutandis to the revocation of registration under the provisions of the preceding paragraph.
(Delegation to Order of the Competent Ministry) Article 18 In addition to what is provided for in this Act, necessary matters concerning the registration of a registered recycling business operator are specified by order of the competent ministry.
Chapter V Recycling Business Plan
(Certification of Recycling Business Plans) Article 19 (1) A food-related business operator or a business cooperative composed of food-related business operators, or other corporations specified by Cabinet Order may prepare a plan concerning the implementation of recycling business, the utilization of specified fertilizers, feeds, etc. obtained through the recycling business, and the utilization of agricultural, livestock, and marine products produced utilizing the specified fertilizers, feeds, etc., food or other items specified by order of the competent ministry that are manufactured or processed using the agricultural, livestock, and marine products as raw materials or ingredients (referred to below as "specified agricultural, livestock, and marine products, etc.") (referred to below as a "recycling business plan") jointly with a person who manufactures specified fertilizers, feeds, etc. in the course of trade, and an agriculture, forestry, and fishery operator (meaning an agricultural, forestry, and fishery operator or another person who uses specified fertilizers, feeds, etc.; the same applies below), or a business cooperative composed of food-relatd business operators, and submit the plan to the competent minister pursuant to the provisions of order of the competent ministry, and obtain a certification to the effect that the recycling business plan is appropriate. (2) The following matters must be entered in a recycling business plan: (i) the name and address of a person who prepares the recycling business plan and for a corporation, the name of its representative; (ii) the content and implementation period of the recycling business; (iii) the matters concerning the use of specified fertilizers, feeds, etc. obtained through the recycling business by agriculture, forestry, and fishery operators; (iv) the matters concerning the use of specified agricultural, livestock, and marine products, etc. by a food-related business operator; (v) the name and location of the place of business where the recycling business is conducted; (vi) the type and size of the facilities to be used for manufacture of specified fertilizers, feeds, etc.; (vii) the location of the facility where the specified fertilizers, feeds, etc. are stored and the place of business where they are sold; (viii) a person who collects or transports cyclical food resources to be used for the recycling business and the facility to be used for the collection or transport; and (ix) other matters specified by order of the competent ministry. (3) When an application for the certification referred to in paragraph (1) has been filed, the competent minister is to grant the certification if it is found that the recycling business plan conforms to all of the following items: (i) the plan is appropriate in light of the basic policy, and conforms to the standards of judgment prescribed in Article 7, paragraph (1); (ii) a person who manufactures specified fertilizers, feeds, etc. in the course of trade is found to be capable of reliably implementing recycling business; (iii) it is fully expected that the amount of demand corresponding to the amount of manufacture of specified fertilizers, feeds, etc. obtained through recycling business will be secured; (iv) it is fully expected that the amount of demand corresponding to the amount calculated pursuant to the provisions of order of the competent ministry in consideration of the usage state of specified fertilizers, feeds, etc. and other circumstances as the amount required to be used by the food-related business operator out of the amount of production of specified agricultural, livestock, and marine products, etc. will be secured; (v) the person prescribed in item (viii) of the preceding paragraph conforms to the standards specified by order of the competent ministry; (vi) the facilities prescribed in item (viii) of the preceding paragraph conform to the standards specified by order of the competent ministry. (4) When the competent minister has granted the certification referred to in paragraph (1), the minister must notify the prefectural governor who has jurisdiction over the location of the place of business referred to in paragraph (2), item (v) to that effect without delay.
(Change of Plans) Article 20 (1) Persons who have obtained the certification referred to in paragraph (1) of the preceding Article (referred to as a "certified business operator") must jointly obtain the certification of the competent minister when they intend to change the recycling business plan related to the certification. (2) The competent minister may revoke the certification referred to in paragraph (1) of the preceding Article when the minister finds that the case falls under any of the following items: (i) when the certified business operator is not implementing the recycling business in accordance with the recycling business plan related to the certification referred to in paragraph (1) of the preceding Article (when a certification of change under the provisions of the preceding paragraph has been granted, the plan after the change; referred to below as the "certified plan"); (ii) when the certified business operator does not use the specified fertilizers, feeds, etc. obtained through the recycling business in accordance with the certified plan; (iii) when the certified business operator does not use the specified agricultural, livestock, and marine products, etc. in accordance with the certified plan; (iv) when the person prescribed in paragraph (2), item (viii) of the preceding Article no longer conforms to the standards specified by order of the competent ministry referred to in paragraph (3), item (v) of that Article; or (v) when the facilities prescribed in paragraph (2), item (viii) of the preceding Article no longer conform to the standards specified by order of the competent ministry referred to in paragraph (3), item (vi) of that Article. (3) The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to the certification of changes under the provisions of paragraph (1), and the provisions of paragraph (4) of that Article apply mutatis mutandis to the revocation of the certification under the provisions of the preceding paragraph.
Chapter VI Miscellaneous Provisions
(Special Provisions of the Waste Management Act) Article 21 (1) Entrusted by a food-related business operator, a municipal waste collection and transportation operator (meaning a municipal waste collection and transportation operator prescribed in Article 7, paragraph (12) of the Act on Waste Management and Public Cleaning (Act No. 137 of 1970; referred to below as the "Waste Management Act"); the same applies below), may conduct the transportation of cyclical food resources (limited to transportation that fall under the transportation of municipal waste (meaning municipal waste defined in Article 2, paragraph (2) of the Waste Management Act; the same applies below in this Article); the same applies in paragraph (4)) from the area of the municipality (for an area that has the special wards of Tokyo Metropolis, the special ward) that has obtained the permission for transportation referred to in Article (7), paragraph (1) of the Waste Management Act to the place of business referred to in Article 11, paragraph (2), item (iii) of that Act related to the registration referred to in paragraph (1) of that Article in the course of trade, notwithstanding the provisions of Article 7, paragraph (1) of the Waste Management Act. (2) Entrusted by a food-related business operator who is a certified business operator (if the certified business operator is a business cooperative referred to in Article 19, paragraph (1) or other corporations specified by Cabinet Order, the corporation and food-related business operator who is a member of the corporation), a person who conducts the collection or transportation (limited to those falling under the collection or transportation of municipal waste; the same applies below in this paragraph) of cyclical food resources in the course of trade (limited to a person prescribed in Article 19, paragraph (2), item (viii)) may conduct the collection or transportation of cyclical food resources to be used for the recycling business in accordance with the certified plan without obtaining permission under the provisions of Article 7, paragraph (1) of the Waste Management Act in the course of trade, notwithstanding the provisions of that paragraph. (3) The person prescribed in the preceding paragraph is deemed to be a municipal waste collection and transportation operator in applying the provisions of Article 7, paragraph (13), paragraph (15), and paragraph (16), Article 7-5, and Article 19-3 of the Waste Management Act (including penal provisions related to those provisions). (4) The provisions of Article 7, paragraph (12) of the Waste Management Act do not apply to the transportation of cyclical food resources conducted by a municipal waste collection and transportation operator pursuant to the provisions of paragraph (1), the recycling business conducted by a registered recycling business operator that has obtained the permission referred to in Article 7, paragraph (6) of the Waste Management Act entrusted by a food-related business operator (limited to those that use cyclical food resources falling under municipal waste as raw materials; the same applies below in this paragraph) or the recycling business conducted by the certified business operator that has obtained the permission referred to in paragraph (6) of that Article in accordance with the certified plan.
(Special Provisions of the Act on the Quality Control of Fertilizer) Article 22 (1) If a person who manufactures specified fertilizers, feeds, etc. in the course of trade and is required to give a notification referred to in Article 22, paragraph (1) or Article 23, paragraph (1) of the Act on the Quality Control of Fertilizer (Act No. 127 of 1950) seeks to produce or sell special fertilizers (meaning special fertilizers defined in Article 2, paragraph (2) of that Act; the same applies below) by obtaining the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1), the notification referred to in Article 22, paragraph (1) or Article 23, paragraph (1) of that Act is deemed to have been given when the person has obtained the registration referred to in Article 11, paragraph (1), or the certification referred to in Article 19, paragraph (1). (2) If a person who manufactures specified fertilizers, feeds, etc. in the course of trade and has given the notification referred to in Article 22, paragraph (1) or Article 23, paragraph (1) of Act on the Quality Control of Fertilizer (excluding a person who is deemed to have given the notification pursuant to the provisions of the preceding paragraph) seeks to conduct recycling business after obtaining the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1), and the person is required to give the notification under the provisions of Article 22, paragraph (2) or Article 23, paragraph (2) of that Act in conducting the recycling business, the notification referred to in Article 22, paragraph (2) or Article 23, paragraph (2) of that Act is deemed to have been given when the person has obtained the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1). (3) If a registered recycling business operator or a certified business operator is conducting a recycling business (excluding the case prescribed in the following paragraph), and has given the notification referred to in Article 11, paragraph (5), or has obtained the certification of change referred to in Article 20, paragraph (1) concerning the matters for which the notification under the provisions of Article 22, paragraph (1) or Article 23, paragraph (1) of Act on the Quality Control of Fertilizer must be given, the notification referred to in Article 22, paragraph (1) or Article 23, paragraph (1) of that Act is deemed to have been given. (4) If a registered recycling business operator or a certified business operator is producing or selling special fertilizers, and has given the notification referred to in Article 11, paragraph (5), or has obtained the certification of change referred to in Article 20, paragraph (1) concerning the matters for which the notification under the provisions of Article 22, paragraph (2) or Article 23, paragraph (2) of Act on the Quality Control of Fertilizer must be given, the notification referred to in Article 22, paragraph (2) or Article 23, paragraph (2) of that Act is deemed to have been given.
(Special Provisions of the Feed Safety Act) Article 23 (1) If a person who manufactures specified fertilizers, feeds, etc. in the course of trade, and is required to give a notification referred to in Article 50, paragraph (1) or (2) of the Act on Safety Assurance and Quality Improvement of Feeds (Act No. 35 of 1953; referred to below as the "Feed Safety Act") seeks to manufacture or sell feeds for which standards or specifications have been established pursuant to the provisions of Article 3, paragraph (1) of the Feed Safety Act by obtaining the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1), the notification referred to in Article 50, paragraph (1) or (2) of the Feed Safety Act is deemed to have been given when the person has obtained the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1). (2) If a person who manufactures specified fertilizers, feeds, etc. in the course of trade, and has given a notification referred to in Article 50, paragraph (1) or (2) of the Feed Safety Act (excluding a person who is deemed to have given the notification pursuant to the provisions of the preceding paragraph) seeks to conduct recycling business after obtaining the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1), and the person is required to give a notification under the provisions of Article 50, paragraph (4) of the Feed Safety Act in conducting the recycling business, the notification referred to in Article 50, paragraph (4) of the Feed Safety Act is deemed to have been given if the person has obtained the registration referred to in Article 11, paragraph (1) or the certification referred to in Article 19, paragraph (1). (3) If a registered recycling business operator or a certified business operator is conducting recycling business (excluding the case prescribed in the following paragraph), and has given the notification referred to in Article 11, paragraph (5), or has obtained the certification of change referred to in Article 20, paragraph (1) concerning the matters for which the notification under the provisions of Article 50, paragraph (1) or (2) of the Feed Safety Act is required to be given, the notification referred to in Article 50, paragraph (1) or (2) of the Feed Safety Act is deemed to have been given. (4) If a registered recycling business operator or a certified business operator manufactures or sells feed prescribed in paragraph (1), and has given the notification referred to in Article 11, paragraph (5), or has obtained the certification of change referred to in Article 20, paragraph (1) concerning the matters for which the notification under the provisions of Article 50, paragraph (4) of the Feed Safety Act is required to be given, the notification referred to in Article 50, paragraph (4) of the Feed Safety Act is deemed to have been given.
(Collection of Reports and On-Site Inspections) Article 24 (1) To the extent necessary for the enforcement of this Act, the competent minister may have a food-related business operator report on the amount of food waste, etc. generated and the status of recycling and related activities for treatment of cyclical food resources, or have their officials enter the offices, factories, places of business, or warehouses of that person and inspect books, documents, and other objects. (2) To the extent necessary for the enforcement of this Act, the competent minister may have a registered recycling business operator report on the implementation status of the recycling business, or have their officials enter the offices, factories, places of business, or warehouses of the registered recycling business operator and inspect books, documents and other objects. (3) To the extent necessary for the enforcement of this Act, the competent minister may have a certified business operator report on the status of recycling and related activities for treatment of cyclical food resources, or have their officials enter the offices, factories, places of business, or warehouses of that person and inspect books, documents, and other objects. (4) An official who conducts an on-site inspection pursuant to the provisions of the preceding three paragraphs must carry an identification card and present it to the relevant persons. (5) The authority to conduct an on-site inspection under the provisions of paragraphs (1) through (3) must not be construed as being granted for the purpose of criminal investigation.
(Competent Ministers) Article 25 (1) The competent ministers in this Act are as follows: (i) for the matters concerning the formulation of the basic policies under the provisions of Article 3, paragraph (1), the amendment of the basic policies under the provisions of paragraph (3) of that Article, and the public announcement under the provisions of paragraph (4) of that Article, the Minister of Agriculture, Forestry and Fisheries, the Minister of the Environment, the Minister of Finance, the Minister of Health, Labour and Welfare, the Minister of Economy, Trade and Industry, and the Minister of Land, Infrastructure, Transport and Tourism; (ii) for the formulation of matters that should be the standards of judgment under the provisions of Article 7, paragraph (1), the amendment of the matters under the provisions of paragraph (2) of that Article, the guidance and advice prescribed in Article 8, the acceptance of reports under the provisions of Article 9, paragraph (1), the recommendations prescribed in Article 10, paragraph (1), the public announcement under the provisions of paragraph (2) of that Article, the order under the provisions of paragraph (3) of that Article, the certification prescribed in Article 19, paragraph (1), the notice under the provisions of Article 19, paragraph (4) (including as applied mutatis mutandis pursuant to Article 20, paragraph (3)), the certification of change prescribed in Article 20, paragraph (1), the revocation of certification under the provisions of paragraph (2) of that Article, and the collection of reports and on-site inspections under the provisions of paragraphs (1) and (3) of the preceding Article, the Minister of Agriculture, Forestry and Fisheries, the Minister of the Environment, and the minister with jurisdiction over the business of the food-related business operator; (iii) for the matters concerning the registration prescribed in Article 11, paragraph (1), the acceptance of written applications under the provisions of paragraph (2) of that Article (including as applied mutatis mutandis pursuant to Article 12, paragraph (2)), the acceptance of notifications under the provisions of Article 11, paragraph (5) (including as applied mutatis mutandis pursuant to Article 12, paragraph (2)), the notice under the provisions of Article 11, paragraph (6) (including as applied mutatis mutandis pursuant to Article 12, paragraph (2) and Article 17, paragraph (2)), the acceptance of notification under the provisions of Article 15, paragraph (1), the instruction under the provisions of Article 15, paragraph (2), the revocation of registration under the provisions of Article 17, paragraph (1), and the collection of reports and on-site inspections under the provisions of paragraph (2) of the preceding Article, the Minister of Agriculture, Forestry and Fisheries, the Minister of the Environment, and the minister with jurisdiction over the business of manufacturing the specified fertilizers, feeds, etc. (2) The orders of the competent ministry in this Act are as follows: (i) for the order of the competent ministry referred to in the items of Article 2, paragraph (6), and paragraph (7), an order issued by the Minister of Agriculture, Forestry and Fisheries and the Minister of the Environment; (ii) for the order of the competent ministry referred to in Article 7, paragraph (1), Article 9, and Article 19, paragraph (1), paragraph (2), item (ix), and paragraph (3), items (iv) through (vi), an order issued by the Minister of Agriculture, Forestry and Fisheries, the Minister of the Environment, and the minister with jurisdiction over the business of the food-related business operator; (iii) for the order of the competent ministry referred to in Article 11, paragraph (2) and paragraph (3), items (i) and (ii) (including as applied mutatis mutandis pursuant to Article 12, paragraph (2)), Article 14, Article 15, paragraph (3), and Article 18, an order issued by the Minister of Agriculture, Forestry and Fisheries, the Minister of the Environment, and the minister with jurisdiction over the production of the specified fertilizers, feeds, etc. (3) The authority of the competent minister prescribed in this Act may be partially delegated to the heads of local branch bureaus and departments, pursuant to the provisions of Cabinet Order.
(Transitional Measures) Article 26 When enacting, amending or repealing an order pursuant to the provisions of this Act, the necessary transitional measures (including transitional measures on penal provisions) may be specified by the order to the extent considered reasonably necessary for the enactment, amendment, or repeal.
Chapter VII Penal Provisions
Article 27 A person who has violated an order under the provisions of Article 10, paragraph (3) is punished by a fine of not more than 500 thousand yen.
Article 28 (1) A person who falls under any of the following items is punished by a fine of not more than 300 thousand yen: (i) a person who has failed to give a notification referred to in Article 11, paragraph (5) or Article 15, paragraph (1), or has given a false notification; (ii) a person who has violated the provisions of Article 13 or Article 14; (iii) a person who has failed to give a public notice under the provisions of Article 15, paragraph (3), or who has given a false public notice; (iv) a person who has failed to make a report under the provisions of Article 24, paragraph (2), or who has made a false report; or (v) a person who has refused, obstructed, or evaded an inspection under the provisions of Article 24, paragraph (2).
Article 29 (1) A person who falls under any of the following items is punished by a fine of not more than 200 thousand yen: (i) a person who has failed to make a report under the provisions of Article 9, paragraph (1) or Article 24, paragraph (1) or paragraph (3), or has made a false report; or (ii) a person who has refused, obstructed, or evaded the inspection under the provisions of Article 24, paragraph (1) or (3).
Article 30 If the representative of a corporation or the agent, employee, or other workers of a corporation or individual commits a violation referred to in the preceding three Articles related to the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is subject to the fine referred to in the relevant Article.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
(Review) Article 2 When five years have passed since the enforcement of this Act, the government is to review the implementation status of this Act and take necessary measures based on the results of the review.
(Transitional Measures) Article 3 The provisions of Article 12 do not apply to a person who is using the name "registered recycling business operator" or a name that is confusingly similar to that name at the time of the enforcement of this Act, for six months after the enforcement of this Act.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on December 1, 2003.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation provided, however, that the provisions to amend Article 3, paragraph (3), the provisions to amend Article 7, paragraph (3), the provisions to amend Article 9, paragraph (3) (limited to the part that adds "and the Central Environment Council" after "the Council of Food, Agriculture and Rural Area Policies"), and the provisions of Article 6 and Article 9 of the Supplementary Provisions come into effect on the date of promulgation.
(Transitional Measures on Periodic Reports) Article 2 A large volume generator of food waste, etc. prescribed in Article 9, paragraph (1) of the Act on the Promotion of Recycling and Related Activities for Treatment of Cyclical Food Resources after amendment by this Act (referred to as the "new Act" in Article 7 of the Supplemental Provisions) is not required to report on the amount of food waste, etc. generated and the status of recycling and related activities for treatment of cyclical food resources for the fiscal year that includes the date on which this Act comes into effect, notwithstanding the provisions of that paragraph.
(Transitional Measures on Recycling Business Plans) Article 3 Prior laws and regulations continue to govern the certification of changes and revocation of the recycling business plan that has obtained the certification referred to in Article 18, paragraph (1) of the Act on Promotion of Recycling and Related Activities for Treatment of Cyclical Food Resources before amendment by this Act (referred to as the "former Act" in the following Article) and the recycling business plan that has obtained the certification in accordance with prior laws pursuant to the provisions of the following Article after the enforcement of this Act, the special provisions of the Act on Waste Management and Public Cleaning (Act No. 137 of 1970), the Act on the Quality Control of Fertilizer (Act No. 127 of 1950), and the Act on Safety Assurance and Quality Improvement of Feeds (Act No. 35 of 1953), and the collection of reports and on-site inspections.
(Transitional Measures on Application of Certification of Recycling Business Plans Filed Before the Enforcement) Article 4 Prior laws and regulations continue to govern the certification of an application for certification referred to in Article 18, paragraph (1) of the former Act filed before the enforcement of this Act, for which a disposition on whether or not to grant the certification has not been made at the time of the enforcement of this Act.
(Transitional Measures on Application of Penal Provisions) Article 5 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before this Act comes into effect and acts committed after this Act comes into effect for which prior laws and regulations are to continue to govern pursuant to the provisions of Article 3 of the Supplementary Provisions.
(Delegation to Cabinet Order) Article 6 In addition to what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review) Article 7 When five years have passed since the enforcement of this Act, and the government finds it necessary taking into account the implementation status of the new Act, the government is to review the provisions of the new Act and take necessary measures based on the results of that review.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation provided, however, that the provisions of Article 64, Article 66, and Article 102 of the Supplementary Provisions come into effect on the date of promulgation.
(Effect of Dispositions) Article 100 The dispositions, procedures, or other acts conducted before the enforcement of this Act pursuant to the provisions of each law (including orders issued based on the laws; the same applies below in this Article), for which each law has corresponding provisions, are deemed to have been conducted under the corresponding provisions of the each law after amendment, unless otherwise provided for by the Supplementary Provisions.
(Transitional Measures on Penal Provisions) Article 101 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before this Act comes into effect and to acts committed after this Act comes into effect for which prior laws and regulations are to continue to govern pursuant to the provisions of this Act.
(Delegation to Cabinet Order) Article 102 In addition to what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures on penal provisions) are specified by Cabinet Order.
Supplementary Provisions
(Effective Date) Article 1 (1) This Act comes into effect on the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation provided, however, that the provisions stated in the following items come into effect on the dates specified in each of those items: (i) Omitted (ii) the provisions of Article 17 of the Supplementary Provisions: the date of promulgation of the Act Partially Amending the Pharmaceutical Affairs Act and Other Acts (Act No. 84 of 2013), or the date of promulgation of this Act, whichever comes later.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 (1) This Act comes into effect on the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation provided, however, that the provisions stated in the following items come into effect on the date specified in each of those items: (i) the provisions of Article 1 and Article 2, and the provisions of Article 7, Article 19, and Article 20 of the Supplementary Provisions: the date of promulgation.
(Transitional Measures on Penal Provisions) Article 6 Prior laws and regulations continue to govern the applicability of penal provisions to acts committed before this Act comes into effect.
(Delegation to Cabinet Order) Article 7 In addition to what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures on penal provisions) are specified by Cabinet Order.