Agricultural Chemicals Regulation Act(Act No. 82 of 1948)
Last Version: Act No. 53 of 2018
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令和2年5月13日
- 最終更新:平成三十年法律第五十三号
- 翻訳日:令和1年7月31日
- 辞書バージョン:14.0
Agricultural Chemicals Regulation Act
Act No. 82 of July 1, 1948
Table of Contents
Chapter I General Provisions(Articles 1 and 2)
Chapter II Registration(Articles 3 to 15)
Chapter III Regulation of Sale(Articles 16 to 23)
Chapter IV Regulation of Use(Articles 24 to 28)
Chapter V Supervision(Articles 29 to 33)
Chapter VI Foreign Manufactured Agricultural Chemicals(Articles 34 to 37)
Chapter VII Miscellaneous Provisions(Articles 38 to 46)
Chapter VIII Penal Provisions(Articles 47 to 52)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to ensure the safety and other qualities of agricultural chemicals, and their safe and proper use, by establishing a registration system of agricultural chemicals and regulating their sale and use, and thereby to contribute to the stability of agricultural production and the protection of the people's health and to contribute to the conservation of the people's living environment.
(Definitions)
Article 2(1)The term "agricultural chemicals" as used in this Act means bactericides, insecticides, herbicides and other chemicals to be used for controlling bacteria, nematodes, mites, insects, rats, weeds, or other animals or plants or viruses (hereinafter referred to collectively as "pests") that harm crops (including trees, and agricultural and forestry products; hereinafter referred to as "crops, etc.") (those bactericides, insecticides, herbicides and other chemicals include substances specified by Cabinet Order among those in which the bactericides, insecticides, herbicides and other chemicals are used as their materials or ingredients, and which are used for that control), and growth stimulants, germination inhibitors and other chemicals (excluding the fertilizers provided in Article 2, paragraph (1) of the Fertilizer Regulation Act (Act No. 127 of 1950)) that are used for enhancing or inhibiting the physiology of crops, etc.
(2)Natural enemies used for the control referred to in the preceding paragraph are deemed to be agricultural chemicals with respect to the application of this Act.
(3)The term "technical grade active ingredients" as used in this Act means materials of agricultural chemicals, which consist of active ingredients which are other than active ingredients and remain as a result of their manufacture.
(4)The term "manufacturer" used in this Act means a person that manufactures or processes agricultural chemicals, and the term "importer" means a person that imports agricultural chemicals, and the term "seller" means a person that sells agricultural chemicals (including provision other than sale; the same applies hereinafter).
Chapter II Registration
(Registration of Agricultural Chemicals)
Article 3(1)Manufacturers or importers must not manufacture, process or import agricultural chemicals unless those agricultural chemicals are registered by the Minister of Agriculture, Forestry and Fisheries; provided, however, that this does not apply to cases in which agricultural chemicals designated by the Minister of Agriculture, Forestry and Fisheries and the Minister of the Environment as being clearly unlikely to harm crops, etc., humans, animals, and flora and fauna in the human living environment (meaning flora and fauna whose inhabitation or growth's interference would mean a risk that there is interference with the conservation of the human living environment; the same applies hereinafter) in light of their materials and substances (hereinafter referred to as "specified agricultural chemicals") are manufactured, processed or imported; to cases in which agricultural chemicals subject to the registration under Article 34, paragraph (1) with the labeling under Article 16 as applied mutatis mutandis pursuant to Article 34, paragraph (6) are imported; and to other cases prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment.
(2)The application for the registration referred to in the preceding paragraph must be filed by submitting a written application stating the following items, documents stating test results on the safety and other qualities of agricultural chemicals, and other documents prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries as being necessary for the examination referred to in paragraph (4).In this case, the test results prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries (hereinafter referred to as the "specified test results") must be based on tests conducted in accordance with standards prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries as being necessary to ensure the reliability of the results (hereinafter referred to as "standards conformity tests"):
(i)name (or, if the person is a corporation, its name and the name of its representative; the same applies hereinafter except in item (xii)) and address;
(ii)type, name, physical and chemical properties of the agricultural chemical, and type and concentration of each ingredient by listing active ingredients and other ingredients (except the matters set forth in item (xi));
(iii)scope of applied pests (or, in case of chemicals used for enhancing or inhibiting the physiology of crops, etc., the scope of applied crops, etc. and the purpose of use of those chemicals; the same applies hereinafter), usage of the agricultural chemicals, and period of their use;
(iv)for agricultural chemicals toxic to humans or animals, a statement to that effect, damage prevention measures to be taken when the agricultural chemicals are used and method of detoxification;
(v)for agricultural chemicals toxic to flora and fauna in the human living environment, a statement to that effect;
(vi)for agricultural chemicals that are liable to cause danger such as catching fire, exploding, or damaging skin, a statement to that effect;
(vii)precautions for the storage or use of the agricultural chemicals (except for the matters set forth in item (iv));
(viii)name and address of the manufacturing plant of the agricultural chemicals;
(ix)for agricultural chemicals to be manufactured or processed, manufacturing method and name of the responsible person for manufacturing;
(x)for agricultural chemicals to be sold, type, materials and volume of the container or packing related to their sale;
(xi)type and concentration of the ingredients other than the active ingredients of the technical grade active ingredient;
(xii)name and address of the person that manufactures the technical grade active ingredient (or, if the person is a corporation, its name and address), and name and address of the manufacturing plant of the technical grade active ingredient; and
(xiii)major manufacturing processes of the technical grade active ingredients.
(3)A person that applies for the registration referred to in paragraph (1) may omit part of the documents to be submitted under the preceding paragraph, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries, if the technical grade active ingredient of the agricultural chemical concerning the relevant application is equivalent to that of the agricultural chemicals that have been registered under the same paragraph or under Article 34, paragraph (1), in their ingredients and the severity of their toxicity.
(4)When the Minister of Agriculture, Forestry and Fisheries receives an application for the registration referred to in paragraph (1), the Minister is to examine the safety and other qualities of the agricultural chemicals concerning the application based on the written application and documents referred to in paragraph (2), on the basis of the latest scientific knowledge.
(5)The Minister of Agriculture, Forestry and Fisheries may entrust part of the operations related to the examination referred to in the preceding paragraph to the Food and Agricultural Materials Inspection Center (hereinafter referred to as the "Center").
(6)If the Minister of Agriculture, Forestry and Fisheries finds that the agricultural chemical concerning the application for the registration referred to in paragraph (1) is particularly necessary for controlling pests, or enhancing or inhibiting the physiology of crops, etc., or is especially safer compared to other agricultural chemicals with a similar scope of the applied pests and usage, the Minister is to endeavor to prioritize the examination referred to in paragraph (4) of the agricultural chemical concerning that application over the examination of other agricultural chemicals.
(7)Matters necessary for conducting the examination referred to in paragraph (4) are prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(8)A person that applies for the registration referred to in paragraph (1) must pay the fee in the amount specified by Cabinet Order in consideration of the actual cost.
(9)The Minister of Agriculture, Forestry and Fisheries must register the agricultural chemicals concerning the application for the registration referred to in paragraph (1), and issue a registration certificate stating the following matters, unless the Minister refuses the registration pursuant to the provisions of paragraph (1) of the following Article:
(i)registration number and date of registration;
(ii)matters listed in items (ii), (iii), (iv) (limited to the part concerning damage prevention measures), (viii) and (xi) of paragraph (2);
(iii)the letters "water polluting agricultural chemicals" if the agricultural chemicals fall under water polluting agricultural chemicals (meaning water polluting agricultural chemicals provided in Article 26, paragraph (2); the same applies in Article 16, item (v) and Article 20); and
(iv)name and address of manufacturer or importer.
(Refusal of Registration)
Article 4(1)If the Minister of Agriculture, Forestry and Fisheries finds the results of the examination referred to in paragraph (4) of the preceding Article fall under any of the following items, the Minister must refuse the registration referred to in paragraph (1) of the same Article:
(i)there are false details stated in the submitted documents;
(ii)the specified test results are not based on the standards conformity tests;
(iii)it is found that there is no efficacy of the relevant agricultural chemical;
(iv)the use of the relevant agricultural chemical in accordance with the information of the written application regarding the matters set forth in item (iii) of paragraph (2) of the preceding Article harms crops, etc.;
(v)if the relevant agricultural chemical is used, it is still likely to cause damage to humans or animals even if damage prevention measures set forth in item (iv) of paragraph (2) of the preceding Article are taken;
(vi)if the relevant agricultural chemical is used in accordance with the information of the written application regarding the matters set forth in item (iii) of paragraph (2) of the preceding Article, it is likely to cause damage to humans through the use of the crops, etc. to which the agricultural chemical is used, or through the use of livestock products produced with those crops, etc. used for feed, considering the extent to which the ingredient of that agricultural chemical (including things produced by chemical changes of the ingredient; the same applies in the following item) remains in those crops, etc.;
(vii)if the relevant agricultural chemical is used in accordance with the information of the written application regarding the matters set forth in item (iii) of paragraph (2) of the preceding Article, it is likely to cause damage to humans through the use of the crops, etc. cultivated in the farmland, etc. on which the agricultural chemical is used, or through the use of livestock products produced with those crops, etc. used for feed, considering the extent to which the ingredient of those agricultural chemical remains in that farmland, etc.;
(viii)if the relevant type of agricultural chemical is used generally in accordance with the information on the written application regarding the matters set forth in item (iii) of paragraph (2) of the preceding Article under the circumstances in which it is in considerably widespread use, in most cases, it is likely to cause damage to flora and fauna in the human living environment which is recognized to be associated with the use of it, and the damage is likely to be extreme, in most cases, considering the severity of toxicity to flora and fauna in the human living environment and the continuousness of the toxicity for considerable days;
(ix)if the relevant type of agricultural chemical is used generally in accordance with the information on the written application regarding the matters set forth in item (iii) of paragraph (2) of the preceding Article under the circumstances in which it is in considerably widespread use, it is likely to cause the pollution of water in areas of public waters (meaning the area of public waters provided in Article 2, paragraph (1) of the Water Pollution Prevention Act (Act No. 138 of 1970); the same applies in Article 26) and to cause damage to humans or animals through the use of the polluted water (including aquatic animals and plants contaminated by the pollution; the same applies in the same Article), in most cases;
(x)the name of the relevant agricultural chemical is likely to cause misunderstandings about its main ingredients and effects; or
(xi)beyond what is set forth in each of the preceding items, the agricultural chemical falls under any other cases specified by Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment as cases in which it is likely to harm crops, etc., humans, animals, or flora and fauna in the human living environment.
(2)The Minister of Agriculture, Forestry and Fisheries defines the criteria to determine whether the case falls under item (v) of the preceding paragraph and issues public notice thereof.
(3)The Minister of the Environment defines the criteria to determine whether the case falls under any of the paragraph (1), items (vi) through (ix) and issues public notice thereof.
(Succession)
Article 5(1)If an inheritance, a merger, or a split (limited to those in which the whole or part of the business of manufacturing, processing, or importing the agricultural chemical in relation to the registration is succeeded) takes place in connection with the person that has obtained the registration under Article 3, paragraph (1), the heir (or, the heir selected to succeed the business of manufacturing, processing, or importing the agricultural chemical in relation to the registration, if there are two or more heirs, and that heir is thus selected with their unanimous consent), the corporation surviving the merger or the corporation newly established upon the merger, or the corporation that has succeeded the business of manufacturing, processing or importing the agricultural chemical in relation to the registration upon the split succeeds the status of the person that has obtained the registration.
(2)If a person that has obtained the registration under Article 3, paragraph (1) transfers the whole or part of the business of manufacturing, processing, or importing the agricultural chemical in relation to the registration, the transferee succeeds the status of the person that has obtained the registration.
(3)A person that has succeeded the status of the person that has obtained the registration under Article 3, paragraph (1) pursuant to the provisions of the preceding two paragraphs must notify the Minister of Agriculture, Forestry and Fisheries thereof and apply for a revised registration certificate to be issued (for a person that succeeds upon the split or is transferred part of the business of manufacturing, processing, or importing an agricultural chemical, a registration certificate to be issued), without delay after the inheritance, in case of inheritance, or within two weeks from the merger, split or business transfer, in case of merger, split and business transfer.
(4)A person that applies for a revised registration certificate or registration certificate to be issued pursuant to the provisions of the preceding paragraph must pay the fee in the amount specified by Cabinet Order in consideration of the actual cost.
(Obligations of the Person That Has Obtained the Registration)
Article 6(1)As provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, a person that has obtained the registration under Article 3, paragraph (1) (excluding persons that manufacture, process or import the relevant agricultural chemicals solely for personal use) must keep the registration certificate at the principal manufacturing plant and keep a copy of the certificate at other manufacturing plants if that person is a manufacturer, and must keep the registration certificate at the principal office for an importer and keep a copy of the certificate at other offices if that person is an importer.
(2)If matters listed in item (i), item (iv) (except for the part concerning damage prevention measures), items (v) through (x), item (xii), or item (xiii) of paragraph (2) of Article 3 have changed, a person that has obtained the registration under paragraph (1) of the same Article must notify the Minister of Agriculture, Forestry and Fisheries of the change with the reason for it, and if those changed matters fall under the information stated in the registration certificate, that person must also apply for a revised registration certificate to be issued, within two weeks from the date of the occurrence of the change (or, if there is a change to the matters set forth in item (xiii), from the day of the commencement of the manufacture, processing or import of the agricultural chemical in which the technical grade active ingredient manufactured in the manufacturing process after the change is used as its material).
(3)A person that has lost or damaged the registration certificate must notify the Minister of Agriculture, Forestry and Fisheries thereof and apply for reissuance of the certificate, without delay.
(4)The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to a person that applies for a revised registration certificate to be issued or for the registration certificate to be reissued pursuant to the provisions of the preceding two paragraphs.
(5)If a person that has obtained the registration under Article 3, paragraph (1) has discontinued the manufacture, processing or import of the registered agricultural chemical, the person must notify the Minister of Agriculture, Forestry and Fisheries thereof within two weeks from the discontinuation.
(6)If a corporation that has obtained the registration under Article 3, paragraph (1) has dissolved, its liquidator must notify the Minister of Agriculture, Forestry and Fisheries thereof within two weeks from the dissolution except cases in which it has dissolved as a result of a merger.
(Registration of Change upon Application)
Article 7(1)If a person that has obtained the registration under Article 3, paragraph (1) intends to change the matters related to the registration set forth in item (iii), item (iv) (limited to the part concerning damage prevention measures) or item (xi) of paragraph (2) of the same Article, the person must apply for the registration of change by submitting a written application stating the matters prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries, the registration certificate, documents stating test results on the safety and other qualities of agricultural chemicals, and other documents prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries as being necessary for the examination provided in the following paragraph, to the Minister of Agriculture, Forestry and Fisheries.In this case, the specified test results must be based on the standards conformity tests.
(2)If the Minister of Agriculture, Forestry and Fisheries receives an application under the preceding paragraph, the Minister is to examine the safety and other qualities of the agricultural chemicals concerning the relevant application based on the written application and documents referred to in the same paragraph, on the basis of the latest scientific knowledge.
(3)The Minister of Agriculture, Forestry and Fisheries may entrust part of the operations related to the examination referred to in the preceding paragraph to the Center.
(4)If the Minister of Agriculture, Forestry and Fisheries finds that the agricultural chemical concerning the application under paragraph (1) is especially necessary for controlling pests, or enhancing or inhibiting the physiology of crops, etc., or is especially safer compared to other agricultural chemicals that have a similar scope of the applied pests and usage, the Minister is to endeavor to prioritize the examination of the agricultural chemical concerning the relevant application referred to in paragraph (2) over the examination of other agricultural chemicals.
(5)Matters necessary for conducting the examination referred to in paragraph (2) are prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(6)A person that files an application under paragraph (1) must pay the fee in the amount specified by Cabinet Order in consideration of the actual cost.
(7)The Minister of Agriculture, Forestry and Fisheries must register the change and issue the revised registration certificate unless the Minister refuses the registration of the change pursuant to the provisions of the following paragraph.
(8)If the Minister of Agriculture, Forestry and Fisheries finds the results of the examination referred to in paragraph (2) fall under any of the items of paragraph (1) of Article 4, the Minister must refuse the registration of change referred to in paragraph (1).
(Reevaluations)
Article 8(1)If the Minister of Agriculture, Forestry and Fisheries designates the scope of agricultural chemicals and gives public notice that a person that has obtained the registration under Article 3, paragraph (1) must undergo reevaluations, the person must undergo reevaluations by the Minister of Agriculture, Forestry and Fisheries for the relevant designated agricultural chemicals.
(2)The reevaluations under the preceding paragraph (hereinafter in this Article simply referred to as "reevaluations") are conducted for the agricultural chemical containing the same active ingredient for each period specified by Order of the Ministry of Agriculture, Forestry and Fisheries from the day on which the Minister of Agriculture, Forestry and Fisheries makes the registration for the first time under Article 3, paragraph (1) or Article 34, paragraph (1) with respect to the agricultural chemical containing the referenced active ingredient.
(3)The public notice referred to in paragraph (1) must be given accompanied by notification of the documents stating the test results on the safety and other qualities of the agricultural chemical and other materials, which the person that undergoes the reevaluations should submit, and the deadline for the submission of those documents.In this case, the specified test results must be based on the standards conformity tests.
(4)For the reevaluations, the Minister of Agriculture, Forestry and Fisheries is to examine the safety and other qualities of the agricultural chemicals designated under paragraph (1) based on the documents referred to in the preceding paragraph, on the basis of the latest scientific knowledge.
(5)The Minister of Agriculture, Forestry and Fisheries may entrust part of the operations related to the examination referred to in the preceding paragraph to the Center.
(6)Matters necessary for conducting the examination referred to in paragraph (4) are prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.
(7)A person that intends to undergo reevaluations must submit the documents referred to in paragraph (3), and pay the fee in the amount specified by Cabinet Order in consideration of the actual cost, by the deadline for submission referred to in the same paragraph to the Minister of Agriculture, Forestry and Fisheries.
(Registration of Change and Rescission of Registration Based on Reevaluations)
Article 9(1)If the documents under paragraph (3) of the preceding Article are not submitted or the fee under paragraph (7) of the same Article is not paid by the deadline specified in paragraph (3) of the same Article, the Minister of Agriculture, Forestry and Fisheries may revoke the registration of the relevant agricultural chemical.
(2)When the Minister of Agriculture, Forestry and Fisheries finds the results of the examination referred to in paragraph (4) of the preceding Article fall under any of the items of paragraph (1) of Article 4, the Minister may register the change of the matters listed in Article 3, paragraph (2), item (iii), item (iv) (limited to the part concerning damage prevention measures) or item (xi), or revoke the registration concerning the relevant registered agricultural chemical, to the extent necessary for ensuring the safety and other qualities of the relevant agricultural chemical.
(3)Beyond what is provided for in the preceding paragraph, if the Minister of Agriculture, Forestry and Fisheries finds that any events provided in Article 4, paragraph (1), items (iv) through (ix), or item (xi) occur as a result of the use of the agricultural chemical currently registered even if it is used in compliance with the matters set forth in Article 3, paragraph (2), item (iii) and item (iv) (limited to the part concerning damage prevention measures) concerning the registration and if it is necessary to prevent the occurrence of these events, the Minister may register the change of the matters listed in Article 3, paragraph (2), item (iii), item (iv) (limited to the part concerning damage prevention measures) or item (xi), or revoke the registration concerning the relevant registered agricultural chemical, to the extent necessary.
(4)If the Minister of Agriculture, Forestry and Fisheries changes the registration or revokes the registration pursuant to the provisions of the preceding three paragraphs, the Minister must notify the party to the relevant disposition of this and the reasons thereof, and in case of changing the registration, must issue a registration certificate detailing the changed matters set forth in Article 3, paragraph (2), item (iii), item (iv) (limited to the part concerning damage prevention measures) or item (xi), without delay.
(5)If a request for administrative review with respect to a disposition under paragraphs (1) through (3) has been made, the Minister of Agriculture, Forestry and Fisheries must make an administrative determination with respect to this request within two months from the date on which the request for administrative review was made (or, from the date on which a defect was corrected, if the Minister has ordered the correction of that defect pursuant to the provisions of Article 23 of the Administrative Complaint Review Act (Act No. 68 of 2014)).
(Registration of Change Based on Designation of Water Polluting Agricultural Chemicals)
Article 10(1)If a water polluting agricultural chemical is designated or the designation is cancelled pursuant to the provisions of Article 26, paragraph (1), the Minister of Agriculture, Forestry and Fisheries must register the change to that effect without delay with respect to the currently registered agricultural chemical that falls under or no longer falls under the water polluting agricultural chemical upon the relevant designation or the cancellation of the designation.
(2)If the Minister of Agriculture, Forestry and Fisheries changes the registration pursuant to the provisions of the preceding paragraph, the Minister must notify the person that has obtained the registration under Article 3, paragraph (1) with respect to the relevant agricultural chemical thereof, and must issue a registration certificate detailing the changed matters set forth in item (iii) of paragraph (9) of the same Article, without delay.
(Lapse of Registration)
Article 11If falling under any of the following items, the registration under Article 3, paragraph (1) ceases to be effective:
(i)matters set forth in Article 3, paragraph (2), item (ii) with respect to the registration have changed;
(ii)a person that has obtained the registration under Article 3, paragraph (1) notifies that the person has discontinued the manufacture, processing or import of the registered agricultural chemical; or
(iii)the corporation that has obtained the registration under Article 3, paragraph (1) dissolves, and its liquidation is completed.
(Return of Registration Certificate)
Article 12If a person that has obtained the registration under Article 3, paragraph (1) (or, the liquidator, in case of item (iii) of the preceding Article) falls under any of the following items, the person must return the registration certificate (or, if the person falls under item (ii), the registration certificate before the change detailing the matters set forth in Article 3, paragraph (2), item (iii), item (iv) (limited to the part concerning damage prevention measures) or item (xi), or paragraph (9), item (iii)) to the Minister of Agriculture, Forestry and Fisheries without delay:
(i)the registration ceases to be effective pursuant to the provisions of the preceding Article;
(ii)the registration is changed pursuant to the provisions of Article 9, paragraph (2) or paragraph (3), or Article 10, paragraph (1); or
(iii)the registration is revoked pursuant to the provisions of Article 9, paragraphs (1) through (3), or Article 31, paragraph (1).
(Public Notice of Registration)
Article 13When the registration under Article 3, paragraph (1) is made; the registration is changed or revoked pursuant to the provisions of Article 9 paragraph (1) to (3); the registration is changed pursuant to the provisions of Article 10, paragraph (1); the registration ceases to be effective pursuant to the provisions of Article 11; or the registration is revoked pursuant to the provisions of Article 31, paragraph (1), the Minister of Agriculture, Forestry and Fisheries must give a public notice thereof and of the following matters without delay:
(i)registration number;
(ii)type and name of agricultural chemical; and
(iii)name and address of the manufacturer or importer.
(Publication of Information)
Article 14(1)The Minister of Agriculture, Forestry and Fisheries is to endeavor to publish an outline of the test results on the safety and other qualities of agricultural chemicals, the principal ingredients of technical grade active ingredients, and other information on the registered agricultural chemicals.
(2)If there is any change, rescission or expiration of the registration of the agricultural chemicals that a manufacturer or an importer manufactures, processes, or imports, the manufacturer or importer is to endeavor to inform sellers and users of agricultural chemicals thereof.
(Collection of Scientific Knowledge)
Article 15For the purpose of promoting smooth implementation of the provisions of this Chapter, the Minister of Agriculture, Forestry and Fisheries is to endeavor to collect, organize and analyze the scientific knowledge on the safety and other qualities of agricultural chemicals.
Chapter III Regulation of Sale
(Labeling of Agricultural Chemicals by Manufacturers and Importers)
Article 16If selling the agricultural chemicals that a manufacturer or an importer has manufactured, processed or imported, the manufacturer or importer must indicate the following matters on the container (or, on the packaging, if selling the agricultural chemicals without a container); provided, however, that this does not apply if manufactured, processed or imported specified agricultural chemicals are sold, or if an importer imports and sells the agricultural chemicals registered under Article 34, paragraph (1) with the labeling under the provisions of this Article as applied mutatis mutandis pursuant to Article 34, paragraph (6).
(i)registration number;
(ii)type, name, physical and chemical properties of the registered agricultural chemical, and type and concentration of each ingredient by listing active ingredients and other ingredients (except for the matters set forth in Article 3, paragraph (2), item (xi));
(iii)volume;
(iv)scope of the applied pests and usage regarding the registration;
(v)the letters "water polluting agricultural chemicals", if the agricultural chemical falls under water polluting agricultural chemicals;
(vi)for agricultural chemicals toxic to humans or animals, a statement to that effect, damage prevention measures to be taken when the agricultural chemicals are used, and method of detoxification;
(vii)for agricultural chemicals toxic to flora and fauna in the human living environment, a statement to that effect;
(viii)for agricultural chemicals that are liable to cause danger such as catching fire, exploding, or damaging skin, a statement to that effect;
(ix)precautions for the storage or use of the agricultural chemicals (except for the matters set forth in item (vi));
(x)name and address of the manufacturing plant of the agricultural chemicals; and
(xi)the last date (year-month) of the period within which the agricultural chemicals are valid.
(Notification of sellers)
Article 17(1)Sellers (excluding those that fall under manufacturers or importers (except those that solely manufacture, process, or import specified agricultural chemicals); the same applies in Article 29, paragraphs (1) and (3), and Article 31, paragraph (4)) must notify the prefectural governor governing the location of the sales office, of the following matters for each sales office, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries. The same applies if any change occurs in the relevant matters:
(i)name and address; and
(ii)relevant sales office.
(2)The notification under the provisions of the preceding paragraph must be made by the date of commencement if the seller newly commences selling, or within two weeks from the date of expansion or close if the seller expands or close a sales office, or within two weeks from the date of change if there is any change in the matters set forth in any item of the same paragraph.
(Restriction or Prohibition of Sale of Agricultural Chemicals by Sellers)
Article 18(1)A seller must not sell agricultural chemicals other than agricultural chemicals with the labeling under the provisions of Article 16 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6); the same applies hereinafter in this Article and Article 24, item (i)) on the container or packaging and specified agricultural chemicals.
(2)In cases in which the Minister of Agriculture, Forestry and Fisheries changes the registration or revokes the registration pursuant to the provisions of Article 9, paragraph (2) or paragraph (3) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6)), and changes the registration pursuant to the provisions of Article 10, paragraph (1) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6)), or in any other cases, and when it is necessary to prevent the occurrence of the events provided in any of Article 4, paragraph (1), items (iv) through (ix), or item (xi) as a result of the use of the agricultural chemical, the Minister may restrict sellers from selling agricultural chemicals unless the labeling on the container or packaging under the provisions of Article 16 is changed, or impose other restriction on sale, or prohibit them from selling agricultural chemicals to the extent necessary, pursuant to Order of the Ministry of Agriculture, Forestry and Fisheries.
(3)If the restriction to the effect that agricultural chemicals must not be sold unless the labeling on the container or packaging under Article 16 is changed is established pursuant to the provisions of the preceding paragraph, and the seller changes the relevant labeling in accordance with the details of the restriction, the labeling after the change is deemed to be the labeling on the container or packaging made by the manufacturer or importer pursuant to the provisions of the same Article.
(4)If the agricultural chemicals that a manufacturer or an importer has manufactured, processed, or imported are prohibited from being sold pursuant to the provisions of paragraph (2), the manufacturer, importer, or seller is to endeavor to recall the relevant agricultural chemicals from users of agricultural chemicals.
(Order for Recall)
Article 19If a seller sells agricultural chemicals in violation of paragraph (1) or paragraph (2) of the preceding Article, or Article 31, paragraph (3), and it is necessary to prevent the occurrence of the events provided in any of Article 4, paragraph (1), items (iv) through (ix), or item (xi) as a result of the use of those agricultural chemical, the Minister of Agriculture, Forestry and Fisheries may, to the extent necessary, order the seller to take necessary measures including recalling those agricultural chemicals.
(Books)
Article 20As provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, manufacturers, importers and sellers (excluding persons that manufacture, process or import agricultural chemicals solely for personal use, and other persons specified by Order of the Ministry of Agriculture, Forestry and Fisheries) must keep and preserve books, in which the manufactured quantity or imported quantity must be stated for each type of agricultural chemicals, and also the transferred quantity for each type must be stated for each transferee, in case of manufacturers or importers; or the acquired quantity and transferred quantity must be stated for each type of agricultural chemicals (or, if the agricultural chemical falls under water polluting agricultural chemicals, the acquired quantity must be stated for each type of agricultural chemicals, and the transferred quantity for each type must be stated for each transferee) in case of sellers (excluding those that fall under manufacturers or importers; the same applies in Article 31, paragraph (2)).
(Prohibition Against False Advertising)
Article 21(1)Manufacturers, importers (including those that act as an intermediary in imports) or sellers must not falsely advertise the concentration of the active ingredients in, or the effectiveness of, the agricultural chemicals that they manufacture, process, import (including acting as an intermediary in imports) or sell, or must not advertise the agricultural chemicals that are not registered under Article 3, paragraph (1) or Article 34, paragraph (1) by misleading people into believing that those agricultural chemicals are registered under them.
(2)Manufacturers and importers must not use any name that is likely to create misunderstanding about the active ingredients or effectiveness of the agricultural chemicals that they manufacture, process or import.
(Labeling that Herbicides Cannot Be Used as Agricultural Chemicals)
Article 22(1)A person that sells herbicides (meaning chemicals other than agricultural chemicals, which are specified by Cabinet Order as chemicals that are used for weeding or are likely to be used for weeding; the same applies hereinafter) (that person is hereinafter referred to as the "herbicide seller") must put a label on the container or packaging, indicating that those herbicides cannot be used as agricultural chemicals, as provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, if selling herbicides; provided, however, that this does not apply if there is a labeling under this paragraph on the container or packaging of the relevant herbicides.
(2)Herbicide sellers (limited to persons engaging in the retail sale of herbicides) must place an indication displayed in a place that is easy to see for the public at each sales office that herbicides cannot be used as agricultural chemicals, as provided for in Order of the Ministry of Agriculture, Forestry and Fisheries.
(Recommendations and Orders)
Article 23(1)If finding that an herbicide seller fails to comply with the provisions of the preceding Article, the Minister of Agriculture, Forestry and Fisheries may recommend that the herbicide seller take necessary measures.
(2)If the herbicide seller that has received a recommendation under the provisions of the preceding paragraph does not take the measures regarding the recommendations without reasonable grounds, the Minister of Agriculture, Forestry and Fisheries may order the referenced herbicide seller to take the measures regarding the recommendation.
Chapter IV Regulation of Use
(Prohibition of use)
Article 24It is prohibited for any person to use agricultural chemicals other than the agricultural chemicals set forth in the following items; provided, however, that this does not apply to cases in which the agricultural chemicals are used for the purpose of test and research, to cases in which a person that has obtained the registration under Article 3, paragraph (1) uses the registered agricultural chemicals that the person has manufactured, processed or imported for personal use, and to any other case specified by Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment:
(i)agricultural chemicals with the labeling under Article 16 on the container or packaging (excluding those prohibited to be sold pursuant to the provisions of Article 18, paragraph (2)); and
(ii)specified agricultural chemicals.
(Regulation of Use of Agricultural Chemicals)
Article 25(1)In order to ensure the safe and proper use of agricultural chemicals, the Minister of Agriculture, Forestry and Fisheries, and the Minister of the Environment must establish the standards which users of agricultural chemicals must comply with, regarding the timing and method of the use, and other matters of the agricultural chemicals currently registered under Article 3, paragraph (1) or Article 34, paragraph (1), or regarding any other agricultural chemical specified by Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment, for each type of them, by Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment.
(2)The Minister of Agriculture, Forestry and Fisheries, and the Minister of the Environment may change the standards referred to in the preceding paragraph if it is found to be necessary.
(3)Users of agricultural chemicals must not use agricultural chemicals in violation of the standards referred to in paragraph (1) (if those standards are changed pursuant to the provisions of the preceding paragraph, the changed standards).
(Regulation of the Use of Water Polluting Agricultural Chemicals)
Article 26(1)The government designates the types of agricultural chemicals that meet all the requirements set forth in the following items as water polluting agricultural chemicals by Cabinet Order:
(i)the relevant type of agricultural chemicals are used generally in a substantially extensive area, or it is fully expected to reach that situation in a short period in light of the circumstances in which they are in widespread use; and
(ii)if the relevant type of agricultural chemicals is used generally in a substantially extensive area, there is a risk that the area of public water would have the water polluted, which is recognized to be associated with the use of the agricultural chemicals, leading either of the following, under certain climate conditions, geographical conditions and other natural conditions: the polluted water would cause damage to flora and fauna in the human living environment, and that damage would be extreme; or damage to humans or animals would occur through the use of the polluted water.
(2)With regard to the agricultural chemicals that fall under the water polluting agricultural chemicals designated pursuant to the provisions of the preceding paragraph (hereinafter simply referred to as "water polluting agricultural chemicals"), if, in consideration of the prospective use of the relevant agricultural chemicals, natural conditions and other conditions within an area of the prefecture, there is a risk that the area of public water would have the water polluted, which is recognized to be associated with the use of the agricultural chemicals within that area, causing damage to flora and fauna in the human living environment, which would be extreme, or causing damage to humans or animals through the use of the polluted water, the prefectural governor may prescribe to the effect that a permission of the prefectural governor is required in advance to use the relevant agricultural chemicals in a specified area (or, if a national government organ is to use those agricultural chemicals in that area, to the effect that its consultation with the prefectural governor is required in advance) by a regulation, within the extent necessary to prevent the occurrence of these events, pursuant to the provisions of Cabinet Order.
(Understanding of Use of Agricultural Chemicals)
Article 27When using agricultural chemicals, users of agricultural chemicals are to endeavor to deepen the knowledge and understanding of the safe and proper use of agricultural chemicals, and to endeavor to receive guidance from the extension instructor provided in Article 8, paragraph (1) of the Agricultural Improvement Promotion Act (Act No. 165 of 1948), the control staff for pests provided in Article 33, paragraph (1) of the Plant Protection Act (Act No. 151 of 1950), or a person designated by the prefectural governor as being equivalent thereto.
(Support from Minister of Agriculture, Forestry and Fisheries, Minister of the Environment, and Prefectural Governor)
Article 28The Minister of Agriculture, Forestry and Fisheries, the Minister of the Environment, and the Prefectural Governor are to endeavor to disseminate knowledge necessary to prevent the damage to humans and animals, to crops, etc., or to flora and fauna in the human living environment, or water pollution or soil pollution, which is recognized to be associated with the use of agricultural chemicals; provide information of the production and use thereof; and provide advice, guidance and other support with respect to the safe and proper use thereof and the safety and other qualities thereof.
Chapter V Supervision
(Report and Inspection)
Article 29(1)To the extent necessary for enforcing the provisions of Article 3, paragraph (1), Article 4, paragraph (1), Article 7, paragraph (8), Article 9, paragraph (2) and paragraph (3), Article 10, paragraph (1), Article 16, Article 18, paragraph (1) and paragraph (2), Article 19, Article 21, Article 23, Article 24, Article 25, paragraph (3), Article 26, paragraph (1), and Article 31, paragraph (1) and paragraph (2), the Minister of Agriculture, Forestry and Fisheries or the Minister of the Environment may order manufacturers, importers, sellers, or users of agricultural chemicals or herbicide sellers, or persons that manufacture technical grade active ingredients, or other persons concerned, and the prefectural governor may order sellers, to report on the manufacture, processing, import, sale or use of agricultural chemicals, or the sale of herbicides, or the manufacture of technical grade active ingredients, or other matters; or they may have their employees collect agricultural chemicals or those chemical's materials or herbicides in quantity necessary for an inspection from those aforementioned persons, or have their employees enter the necessary sites and inspect the manufacture, processing, import, sale or use of agricultural chemicals, or the sale of herbicides, or the manufacture of technical grade active ingredients, or the situations of other matters, or inspect books, documents or other necessary items ; provided, however, that if agricultural chemicals or their materials, or herbicides are collected, payment for them must be made at market value at the time of question.
(2)The prefectural governor must report on the results of the report or the inspection obtained under the provisions of the preceding paragraph to the Minister of Agriculture, Forestry and Fisheries, or the Minister of the Environment pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment.
(3)In addition to what is provided for in paragraph (1), if finding it necessary for enforcing this Act, the Minister of Agriculture, Forestry and Fisheries or the Minister of the Environment may order manufacturers, importers or users of agricultural chemicals or herbicide sellers, or persons that manufacture technical grade active ingredients, or other persons concerned, and the prefectural governor may order sellers or users of water polluting agricultural chemicals, to report on the manufacture, processing, import, sale or use of agricultural chemicals, or the sale of herbicides, or the manufacture of technical grade active ingredients, or other matters; or they may have their employees collect agricultural chemicals or those agricultural chemicals' materials or herbicides in quantity necessary for an inspection from those aforementioned persons, or have their employees enter the necessary sites and inspect the manufacture, processing, import, sale or use of agricultural chemicals, or the sale of herbicides, or the manufacture of technical grade active ingredients, or the situations of other matters, or inspect books, documents or other necessary items; provided, however, that if agricultural chemicals or their materials, or herbicides are collected, payment for them must be made at market value at the time of question.
(4)In the case referred to in paragraph (1) or the preceding paragraph, the employees that carry out the collection or on-site inspection pursuant to the provisions of paragraph (1) or the preceding paragraph must present their identification cards if the person set forth in paragraph (1) or the preceding paragraph so requests.
(5)The authority of the collection and on-site inspection under paragraph (1) and paragraph (3) must not be construed as being permitted for criminal investigation.
(Inspection by the Center)
Article 30(1)If finding it necessary in the case under paragraph (1) of the preceding Article, the Minister of Agriculture, Forestry and Fisheries may have the Center collect agricultural chemicals or their materials in quantity necessary for an inspection from manufacturers, importers, sellers or users of agricultural chemicals, or persons that manufacture technical grade active ingredients, or other persons concerned, or have the Center enter the necessary sites and inspect the manufacture, processing, import, sale or use of agricultural chemicals, or the manufacture of technical grade active ingredients, or the situations of other matters, or books, documents or other necessary items; provided, however, that if agricultural chemicals or their materials are collected, payment for them must be made at market value at the time of question.
(2)If the Minister of Agriculture, Forestry and Fisheries has the Center carry out the collection or on-site inspection pursuant to the provisions of the preceding paragraph, the Minister is to instruct the Center to carry out that collection or on-site inspection by indicating the date, place and other necessary matters.
(3)If the Center has carried out the collection or on-site inspection referred to in paragraph (1) in accordance with the instructions referred to in the preceding paragraph, the Center must report on the results of the inspection obtained under paragraph (1) to the Minister of Agriculture, Forestry and Fisheries, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries.
(4)The provisions of paragraph (4) and paragraph (5) of the preceding Article apply mutatis mutandis to the collection or on-site inspection under paragraph (1).
(Supervisory Disposition)
Article 31(1)If a manufacturer or an importer violates the provisions of this Act, the Minister of Agriculture, Forestry and Fisheries may restrict or prohibit them from selling agricultural chemicals, or may revoke the registration under Article 3, paragraph (1) pertaining to the manufacturer or importer.
(2)If a seller violates the provisions of Article 18, paragraph (1) or paragraph (2), Article 19, or Article 21, paragraph (1), the Minister of Agriculture, Forestry and Fisheries may restrict or prohibit the seller from selling agricultural chemicals.
(3)If finding that an agricultural chemical is harmful to crops, etc., humans, animals, or flora and fauna in the human living environment because the quality and packaging, etc. of the agricultural chemical has become inferior as a result of having the Center inspect the agricultural chemical in accordance with the inspection method prescribed by the Minister of Agriculture, Forestry and Fisheries, the Minister may restrict or prohibit the sale or use of the relevant agricultural chemical.
(4)If a seller violates the provisions of this Act (excluding the provisions of Article 18, paragraph (1) and paragraph (2), Article 19, and Article 21, paragraph (1)), the prefectural governor may restrict or prohibit the seller from selling agricultural chemicals.
(Special Measures of Hearing)
Article 32The proceedings on the date of hearing with respect to the rescission of registration prescribed in the provisions of paragraph (1) of the preceding Article must be open to the public.
(Restrictions on Registration)
Article 33A person whose registration has been revoked pursuant to the provisions of Article 31, paragraph (1) may not have the relevant agricultural chemical registered again for one year from the date of rescission.
Chapter VI Foreign Manufactured Agricultural Chemicals
(Registration of Foreign Manufactured Agricultural Chemicals)
Article 34(1)A person engaged in the business of manufacturing or processing agricultural chemicals in a foreign country which are exported to Japan, and selling them may have the relevant agricultural chemicals registered by the Minister of Agriculture, Forestry and Fisheries.
(2)A person that intends to obtain the registration referred to in the preceding paragraph must appoint a person with an address in Japan (including the representative of the Japanese office of a foreign corporation, if the person has an office in Japan) that takes necessary measures to prevent the distribution of poor-quality agricultural chemicals in Japan, at the time of the application for the relevant registration.
(3)If a person appointed pursuant to the provisions of the preceding paragraph (hereinafter referred to as the "domestic administrator") is changed, the person who has obtained the registration under paragraph (1) (hereinafter referred to as the "registered foreign manufacturer") must notify the Minister of Agriculture, Forestry and Fisheries to that effect with the reason attached within one month from the date of the change.
(4)As provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, the registered foreign manufacturer must keep books, in which the manufactured quantity for each type of agricultural chemicals related to the registration under paragraph (1) must be stated, and also the transferred quantity for each type must be stated for each transferee (those quantities are limited to those exported to Japan), and must notify the domestic administrator of the matters stated therein, and preserve the books.
(5)As provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, the domestic administrator must keep books, in which the matters notified to them pursuant to the provisions of the preceding paragraph must be stated, and must preserve those books.
(6)The provisions of Article 3, paragraphs (2) to (9), Article 4, Article 11 and Article 13 apply mutatis mutandis to the registration under paragraph (1); the provisions of Articles 5 to 8, Article 10, paragraph (2), Article 12 and Article 16 (excluding the proviso thereto) apply mutatis mutandis to the registered foreign manufacturer; the provisions of Article 9 and Article 10, paragraph (1) apply mutatis mutandis to the agricultural chemicals in relation to the registration under paragraph (1); and the provisions of Article 14, paragraph (2), Article 18, paragraph (4) and Article 21 apply mutatis mutandis to the registered foreign manufacturer and its domestic administrator under paragraph (1).In this case, the term "name (or, if the person)" in Article 3, paragraph (2), item (i) is deemed to be replaced with "names of the person that intends to obtain the registration under paragraph (1) of Article 34 and the person appointed by the aforementioned person pursuant to paragraph (2) of the same Article (or, if the person)"; the term "for agricultural chemicals to be manufactured or processed, manufacturing method" in item (ix) of the same paragraph is deemed to be replaced with "manufacturing method of agricultural chemicals"; the term "manufacturer or importer" in item (iv) of paragraph (ix) of the same Article is deemed to be replaced with "person that has obtained the registration under Article 34, paragraph (1)"; the term "of the business of manufacturing, processing, or importing" in Article 5, paragraph (1) is deemed to be replaced with "of the business of manufacturing (meaning a business of manufacturing, processing and selling agricultural chemicals; the same applies hereinafter)," the term "the business of manufacturing, processing, or importing" in the same paragraph is deemed to be replaced with "the business of manufacturing," and the term "business of manufacturing, processing or importing" in the same paragraph is deemed to be replaced with "the business of manufacturing"; the term "the business of manufacturing, processing, or importing" in paragraph (2) of the same Article is deemed to be replaced with "the business of manufacturing"; the term "two weeks" in paragraph (3) of the same Article is deemed to be replaced with "one month," and the term "the business of manufacturing, processing, or importing" in the same paragraph is deemed to be replaced with "the business of manufacturing"; the term "the manufacture, processing or import of the agricultural chemical" in Article 6, paragraph (2) is deemed to be replaced with "the manufacture or process of the agricultural chemical in relation to the registration under Article 34, paragraph (1) which is exported to Japan," and the term "two weeks" in the same paragraph is deemed to be replaced with "one month"; the term "the manufacture, processing or import" in paragraph (5) of the same Article is deemed to be replaced with "the business of the manufacture," and the term "two weeks" in the same paragraph is deemed to be replaced with "one month"; the term "two weeks" in paragraph (6) of the same Article is deemed to be replaced with "one month"; the term "Article 3, paragraph (1)" in Article 11, item (ii) is deemed to be replaced with "Article 34, paragraph (1)," and the term "the manufacture, processing or import" in the same item is deemed to be replaced with "the business of the manufacture"; the term "Article 3, paragraph (1)" in item (iii) of the same Article is deemed to be replaced with "Article 34, paragraph (1)"; the term "Article 31, paragraph (1)" in Article 12, item (iii) and Article 13 is deemed to be replaced with "Article 37, paragraph (1)"; the term "manufacturer or importer" in Article 13, item (iii) is deemed to be replaced with "the person that has obtained the registration under Article 34, paragraph (1) and the person appointed by the aforementioned person pursuant to the provisions of paragraph (2) of the same Article"; the term "the agricultural chemicals that a manufacturer or an importer manufactures, processes, or imports" in Article 14, paragraph (2) is deemed to be replaced with "the agricultural chemicals in relation to the registration under Article 34, paragraph (1) that is exported to Japan"; the term "the agricultural chemicals that a manufacturer or an importer has manufactured, processed, or imported" in Article 16 is deemed to be replaced with "the agricultural chemicals in relation to the registration under Article 34, paragraph (1) that is exported to Japan, which a manufacturer or an importer has manufactured or processed"; the term "that a manufacturer or an importer has manufactured, processed, or imported" in Article 18, paragraph (4) is deemed to be replaced with "that the relevant registered foreign manufacturer has manufactured, processed, or imported"; and the terms "the agricultural chemicals that they manufacture, process, import (including acting as an intermediary in imports) or sell" and "the agricultural chemicals that they manufacture, process or import" in Article 21 is deemed to be replaced with "the agricultural chemicals in relation to the registration under Article 34, paragraph (1), which is exported to Japan."
(Reports and Inspections in Relation to a Domestic Administrator)
Article 35(1)The Minister of Agriculture, Forestry and Fisheries or the Minister of the Environment may order domestic administrators to report on their operations, or have its employees enter the necessary sites and inspect books, documents or other necessary items.
(2)If finding it necessary in the case referred to in the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries may have the Center enter the necessary sites and inspect books, documents or other necessary items.
(3)The provisions of Article 29, paragraph (4) and paragraph (5) apply mutatis mutandis to the on-site inspection under paragraph (1), and the provisions of Article 30, paragraphs (2) through (4) apply mutatis mutandis to the on-site inspection under the preceding paragraph.
(Notification of Importer of Foreign Manufactured Agricultural Chemicals)
Article 36(1)The importer of the agricultural chemicals pertaining to the registration under Article 34, paragraph (1) (except cases in which the importer is the registered foreign manufacturer or its domestic administrator of those agricultural chemicals) must notify the Minister of Agriculture, Forestry and Fisheries of the following items. The same applies if any change occurs in the relevant matters, or that importer discontinues the import:
(i)registration number of the agricultural chemicals to be imported; and
(ii)name and address of importer.
(2)The notification under the preceding paragraph must be made no later than two weeks prior to the date of commencement if newly commencing the import of the agricultural chemicals in relation to the registration under Article 34, paragraph (1), or within two weeks from the date of change or discontinuation of import if there is any change in the matters set forth in any item of the previous paragraph, or the import has been discontinued.
(Rescission of Registration of Foreign Manufactured Agricultural Chemicals)
Article 37(1)In a case falling under any of the following items, the Minister of Agriculture, Forestry and Fisheries may revoke the registration of foreign manufactured agricultural chemical obtained by the registered foreign manufacturer:
(i)if the Minister of Agriculture, Forestry and Fisheries or the Minister of the Environment finds it necessary and has requested a report from the registered foreign manufacturer regarding its operations, that registered foreign manufacturer fails to submit a report or submits a false report;
(ii)if the Minister of Agriculture, Forestry and Fisheries or the Minister of the Environment finds it necessary and has attempted to have its employees or the Center collect the agricultural chemicals or their materials in quantity necessary for an inspection from the registered foreign manufacturer by making payment at market value at the time of question, or have its employees or the Center to inspect the situations of the operations or to inspect books, documents or other necessary items at the necessary sites, and the collection or inspection is refused, obstructed or evaded;
(iii)if the position of domestic administrator has become vacant, and the registered foreign manufacturer has not appointed a new domestic administrator; or
(iv)if the registered foreign manufacturer or its domestic administrator has violated provisions of this Act.
(2)A person whose registration has been revoked pursuant to the provisions of the preceding paragraph may not have the relevant agricultural chemical registered again for one year from the date of revocation.
(3)The provisions of Article 9, paragraph (5) apply mutatis mutandis to the revocation of registration under paragraph (1), and the provisions of Article 32 apply mutatis mutandis to the hearing with respect to the revocation of registration the same paragraph.
Chapter VII Miscellaneous Provisions
(Order to the Center)
Article 38If the Minister of Agriculture, Forestry and Fisheries finds it necessary for ensuring the proper execution of the operations of the examination provided in Article 3, paragraph (5), Article 7, paragraph (3) and Article 8, paragraph (5) (including cases in which these provisions are applied mutatis mutandis pursuant to Article 34, paragraph (6)), the collection and on-site inspection provided in Article 30, paragraph (1), the inspection provided in Article 31, paragraph (3), and the on-site inspection provided in Article 35, paragraph (2), the Minister may issue necessary orders regarding the relevant operations to the Center.
(Agricultural Materials Council)
Article 39(1)The Minister of Agriculture, Forestry and Fisheries must hear the opinions of the Agricultural Materials Council if intending to plan to enact, amend or repeal the Cabinet Order under Article 2, paragraph (1); intending to make the registration under Article 3, paragraph (1) (excluding the case prescribed in paragraph (3) of the same Article); intending to establish or change the standards under Article 4, paragraph (2) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6)); intending to change the registration (excluding cases in which the Agricultural Materials Council finds the change minor) pursuant to the provisions of Article 7, paragraph (7) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6)); intending to make the change or to revoke the registration pursuant to the provisions of Article 9, paragraph (2) or paragraph (3) (including cases in which these provisions are applied mutatis mutandis pursuant to Article 34, paragraph (6)); intending to enact, amend or repeal Order of the Ministry of Agriculture, Forestry and Fisheries under Article 18, paragraph (2); intending to determine or change the inspection method of agricultural chemicals provided in Article 31, paragraph (3); or intending to make the registration under Article 34, paragraph (1) (excluding cases prescribed in Article 3, paragraph (3) as applied mutatis mutandis pursuant to Article 34, paragraph (6)).
(2)The Minister of the Environment must hear the opinions of the Agricultural Materials Council if intending to establish or change the standards under Article 4, paragraph (3) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6)), or intending to plan to enact, amend or repeal the Cabinet Order under Article 26, paragraph (1) or paragraph (2).
(3)The Minister of Agriculture, Forestry and Fisheries, and the Minister of the Environment must hear the opinions of the Agricultural Materials Council if intending to designate or change the specified agricultural chemicals pursuant to the provisions of Article 3, paragraph (1), or intending to enact, amend or repeal Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment under Article 25, paragraph (1).
(Consultation)
Article 40(1)The Minister of Agriculture, Forestry and Fisheries must consult with the Minister of the Environment if intending to enact, amend or repeal Order of the Ministry of Agriculture, Forestry and Fisheries under Article 18, paragraph (2) with respect to water polluting agricultural chemicals.
(2)The Minister of the Environment must hear the opinions of the Minister of Health, Labour and Welfare from the perspective of public health if intending to establish or change the standards for determining whether the agricultural chemicals fall under cases set forth in Article 4, paragraph (1), item (vi) or item (vii) pursuant to the provisions of Article 4, paragraph (3) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6); the same applies in the following paragraph).
(3)The Minister of the Environment may request the offering of documents and other necessary cooperation from the Minister of Health, Labour and Welfare if intending to establish or change the standards for determining whether the agricultural chemicals fall under cases set forth in Article 4, paragraph (1), item (vi) or item (vii) pursuant to the provisions of Article 4, paragraph (3).
(4)The Minister of Agriculture, Forestry and Fisheries, and the Minister of the Environment must hear the opinions of the Minister of Health, Labour and Welfare from the perspective of public health if intending to enact, amend or repeal Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment under Article 25, paragraph (1).
(Consideration for International Trends)
Article 41In the enforcement of this Act, the Minister of Agriculture, Forestry and Fisheries, and the Minister of the Environment must give sufficient consideration to international trends for ensuring the safety and other qualities of agricultural chemicals, and closely coordinate with the heads of relevant administrative organs.
(Exemption of Application)
Article 42This Act does not apply if agricultural chemicals are manufactured, processed or sold for export, or if herbicides are sold for export.
(Administrative Affairs Handled by Prefectures)
Article 43As specified in Cabinet Order, part of administrative work under the jurisdiction of the Minister of Agriculture, Forestry and Fisheries under Article 23 and Article 31, paragraph (2), and under the jurisdiction of the Minister of Agriculture, Forestry and Fisheries, or the Minister of the Environment under Article 29, paragraph (1) or paragraph (3) may be undertaken by the prefectural governor.
(Delegation of authority)
Article 44(1)As specified in Order of the Ministry of Agriculture, Forestry and Fisheries, part of the authority of the Minister of Agriculture, Forestry and Fisheries under the provisions of Article 23, Article 29, paragraph (1) and paragraph (3), and Article 31, paragraph (2) may be delegated to the head of the regional agricultural administration office.
(2)As specified in Order of the Ministry of the Environment, part of the authority of the Minister of the Environment under Article 29, paragraph (1) and paragraph (3) may be delegated to the head of the regional environmental office.
(Classification of Administrative Affairs)
Article 45The affairs to be processed by the prefecture pursuant to the provisions of Article 29, paragraph (1) and paragraph (2) are regarded as statutory entrusted function under item (i) as provided in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
(Transitional Measures)
Article 46If an order is established, amended or repealed pursuant to the provisions of this Act, the order may provide necessary transitional measures (including transitional measures relating to penal provisions), to the extent determined as reasonably necessary for its establishment, amendment or repeal.
Chapter VIII Penal Provisions
Article 47A person that falls under any of the following items is punished by imprisonment with work for not more than three years or a fine of not more than 1,000,000 yen, or by cumulative imposition of both penalties:
(i)a person that has manufactured, processed, or imported agricultural chemicals in violation of the provisions of Article 3, paragraph (1) or Article 7, paragraph (1);
(ii)a person that has sold agricultural chemicals without the labeling under Article 16 or with false labeling;
(iii)a person that has violated the provisions of Article 18, paragraph (1), Article 21 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6)), Article 24, or Article 25, paragraph (3);
(iv)a person that has violated the restriction or prohibition under Order of the Ministry of Agriculture, Forestry and Fisheries as provided in Article 18, paragraph (2);
(v)a person that has violated the order under Article 19 or Article 23, paragraph (2);
(vi)a person that has used agricultural chemicals that fall under water polluting agricultural chemicals without obtaining the permission of the prefectural governor in violation of the provisions of the regulation prescribed in Article 26, paragraph (2); or
(vii)a person that has violated the restriction or prohibition under Article 31, paragraphs (1) through (4).
Article 48A person that falls under any of the following items is punished by imprisonment with work for not more than six months or a fine of not more than 300,000 yen, or by cumulative imposition of both penalties:
(i)a person that has failed to make a notification, has made a false notification, or has failed to file an application under Article 6, paragraph (2);
(ii)a person that has failed to make a notification under Article 17, paragraph (1) or Article 36, paragraph (1), or has made a false notification;
(iii)a person that has failed to keep the books, has failed to make entries in the books, has made a false entry in the books, or has failed to preserve the books in violation of the provisions of Article 20 or Article 34, paragraph (5);
(iv)a person that has failed to submit a report or has submitted a false report under Article 29, paragraph (1) or paragraph (3), or has refused, obstructed, or evaded the collection or inspection under paragraph (1) or paragraph (3) of the same Article or paragraph (1) of Article 30; or
(v)a person that has failed to submit a report or has submitted a false report under Article 35, paragraph (1), or has refused, obstructed, or evaded the inspection under the same paragraph or under paragraph (2) of the same Article.
Article 49A person that falls under any of the following items is punished by a fine of not more than 300,000 yen:
(i)a person that has failed to make a notification, has made a false notification, or has failed to file an application under Article 5, paragraph (3) or Article 6, paragraph (3):
(ii)a person that has violated the provisions of Article 6, paragraph (1) or Article 12; or
(iii)a person that has failed to make a notification or has made a false notification under Article 6, paragraph (5) or paragraph (6).
Article 50If the representative of a corporation, or the agent, employee, or other worker of a corporation or an individual, has committed a violation of the provisions set forth in the following items in connection with the business of the corporation or individual, the corporation is subject to the fine prescribed in the relevant item, and the individual is subject to the fine referred to in the relevant Article, in addition to the punishment to which the offender is sentenced:
(i)Article 47, item (1), item (3) (limited to the part concerning Article 18, paragraph (1)), item (4) or item (5) (limited to the part concerning Article 19):a fine of not more than 100 million yen; and
(ii)Article 47 (excluding the part concerning the preceding item) or the preceding two Articles:the fine prescribed in the relevant Article.
Article 51(1)Any agricultural chemicals in relation the offenses referred to in Article 47 that is owned or possessed by the offender may be confiscated in whole or in part. The same applies if a person other than the offender acquires the agricultural chemicals knowingly after the offense.
(2)In the case referred to in the preceding paragraph, if the whole or part of the agricultural chemicals are unable to be confiscated, a sum of money equivalent thereto may be collected.
Article 52If an order under Article 38 has been violated, the officer of the Center who has committed the violation is punished by a civil fine of not more than 200,000 yen.
Supplementary Provisions[Extract]
(1)This Act comes into effect as of the day on which one month has elapsed from the date of promulgation.
Supplementary Provisions[Act No. 113 of April 28, 1950][Extract]
(1)This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 151 of April 20, 1951][Extract]
(Effective Date)
(1)This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 161 of September 15, 1962][Extract]
(1)This Act comes into effect as of October 1, 1962.
(2)The provisions amended by this Act also apply to dispositions by an administrative authority prior to the enforcement of this Act, inactions by an administrative authority in relation to an application filed prior to the enforcement of this Act and other matters that have arisen prior to the enforcement of this Act, except as otherwise set forth in these Supplementary Provisions; provided, however, that those provisions do not obstruct an effect that has arisen pursuant to provisions prior to amendment by this Act.
(3)Prior laws continue to govern petitions, requests for examination, an objection or other appeals (hereinafter referred to as "petitions, etc.") filed prior to the enforcement of this Act, even after the enforcement of this Act. The same applies to petitions, etc. filed by any person that is still dissatisfied with administrative determinations, decisions or other dispositions of petitions, etc. (hereinafter referred to as "determinations, etc.") made before the enforcement of the Act or with determinations, etc. after the enforcement of this Act in relation to petitions, etc. filed before the enforcement of this Act.
(4)Petitions, etc. prescribed in the preceding paragraph, which are related to dispositions upon which appeals may be entered pursuant to the Administrative Complaint Review Act after the enforcement of this Act, are deemed as appeals under the Administrative Complaint Review Act with regard to the application of acts other than the Administrative Complaint Review Act.
(5)An appeal under the Administrative Complaint Review Act may not be entered against determinations, etc. on requests for examination, an objection or other appeals filed after the enforcement of this Act pursuant to the provisions of paragraph (3).
(6)With regard to dispositions imposed by an administrative authority prior to the enforcement of this Act, on which petitions, etc. may be filed pursuant to provisions prior to amendment by this Act and for which the statute of limitations has not been set, the statute of limitations for filing an appeal pursuant to the Administrative Complaint Review Act is counted from the date on which this Act comes into effect.
(8)Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect.
(9)Beyond what is provided for in the preceding eight paragraphs, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 87 of April 11, 1963][Extract]
(1)This Act comes into effect as of the day on which 20 days have elapsed from the date of promulgation.
(6)Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect.
Supplementary Provisions[Act No. 1 of January 14, 1971][Extract]
(Effective Date)
(1)This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation; provided, however, that the provisions amending Article 2, Article 3 and Article 6-2, and the provisions of the following paragraph through paragraph (5) of the Supplementary Provisions come into effect as of the date of promulgation.
(Transitional Measures)
(3)Prior laws continue to govern the processing of an application for registration which has been filed prior to the effective date of the amending provisions as prescribed in the proviso to paragraph (1) of the Supplementary Provisions pursuant to the provisions of Article 2, paragraph (2) of the Agricultural Chemicals Regulation Act prior to its amendment, and for which a disposition of making a registration or refusing a registration has not been carried out as of the time of enforcement of those amending provisions.
(4)If an application for re-registration of an agricultural chemical which has already been registered under Article 2, paragraph (1) of the Agricultural Chemicals Regulation Act prior to its amendment, as of the effective date of the amending provisions prescribed in the proviso to paragraph (1) of the Supplementary Provisions, is filed before the date on which two years have passed from the date of the enforcement of those amending provisions, the submission of documents stating the test result on the toxicity and persistency of that agricultural chemical may be omitted, notwithstanding the provisions of Article 2, paragraph (2) of the Agricultural Chemicals Regulation Act after its amendment.
(5)Prior laws continue to govern the processing of an application for a revised registration certificate which has been filed prior to the effective date of the amending provisions as prescribed in the proviso to paragraph (1) of the Supplementary Provisions, pursuant to the provisions of Article 6-2, paragraph (1) of the Agricultural Chemicals Regulation Act prior to its amendment, and for which a disposition of issuing a revised registration certificate or refusing a revised registration certificate has not been carried out as of the time of the enforcement of those amending provisions.
(6)Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect.
Supplementary Provisions[Act No. 88 of May 31, 1971][Extract]
(Effective Date)
Article 1This Act comes into effect as of July 1, 1971.
(Transitional Measures)
Article 41(1)Any permissions, approvals, designations or other dispositions, or notices or other acts made by a national government organ pursuant to the provisions of the Wildlife Protection and Hunting Law; the Agricultural Chemicals Regulation Act; the Hot Spring Act; the Industrial Water Act; the Natural Parks Act; the Act on the Regulation of Extraction of Groundwater for Use in Buildings; the Environmental Pollution Control Service Corporation Act; the Air Pollution Control Act; the Noise Regulation Act; the Act on Special Measures for Relief of Pollution-related Patients; the Water Pollution Prevention Act; or the Act to Prevent Soil Contamination on Agricultural Land, prior to amendment by this Act (hereinafter referred to as "acts subject to arrangements") as of the time this Act comes into force are deemed to be permissions, approvals, designations or other dispositions, or notices or other acts made by the corresponding national government organ pursuant to the corresponding provisions of the arrangement acts amended by this Act.
(2)Any applications, notifications or other acts which have been filed with a national government organ as of the time of the enforcement of this Act pursuant to the provisions of the acts subject to arrangements prior to their amendment by this Act are deemed to be applications, notifications or other acts filed or made to the corresponding national government organ pursuant to the corresponding provisions of the acts subject to arrangements after their amendment by this Act.
Supplementary Provisions[Act No. 27 of April 24, 1978][Extract]
(Effective Date)
(1)This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 87 of July 5, 1978][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 45 of May 19, 1981][Extract]
(Effective Date)
(1)This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 57 of May 25, 1983][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions[Act No. 78 of December 2, 1983][Extract]
(1)This Act (excluding Article 1) comes into effect as of July 1, 1984.
Supplementary Provisions[Act No. 83 of December 10, 1983][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as from the date provided in the relevant item:
(i) to (iv)Omitted
(v)The provisions of Article 25, Article 26, Articles 28 through 30, Article 33 and Article 35, and the provisions of Article 36 (excluding the provisions amending Article 54 of the Electricity Business Act; the same applies in Article 8 of the Supplementary Provisions (excluding paragraph (3))), and the provisions of Article 37, Article 39 and Article 43, and the provisions of Article 8 of the Supplementary Provisions (excluding paragraph (3)):The date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 16Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into effect, and to conduct in which a person engages after Article 17, Article 22, Article 36, Article 37 or Article 39 comes into effect in a situation that prior laws continue to govern pursuant to the provisions of Article 3, Article 5, paragraph (5), Article 8, paragraph (2), Article 9 or Article 10 of the Supplementary Provisions.
Supplementary Provisions[Act No. 23 of May 1, 1984][Extract]
(Effective Date)
(1)This Act comes into effect as of the day on which 20 days have elapsed from the date of promulgation.
Supplementary Provisions[Act No. 89 of November 12, 1993][Extract]
(Effective Date)
Article 1This Act comes into effect as of the effective date of the Administrative Procedure Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions Following Consultations)
Article 2If a consultation or other request has been made, prior to the enforcement of this Act, under laws and regulations to a council or any other body with a council system, with respect to the implementation of procedures corresponding to the procedure for hearings, the procedure for granting of an opportunity for explanation and other procedures for a statement of opinion prescribed by Article 13 of the Administrative Procedure Act, prior laws continue to govern the procedures for adverse dispositions in relation to that consultation or other request, notwithstanding the provisions of relevant laws as amended by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect
(Transitional Measures Accompanying Arrangement of Provisions on Hearings)
Article 14Hearings or hearing meetings held pursuant to the provisions of laws prior to the enforcement of this Act (excluding those related to adverse dispositions) or the procedures thereof are deemed to have been conducted pursuant to the corresponding provisions of the relevant laws amended by this Act.
(Delegation to Cabinet Order)
Article 15Beyond what is provided for in Article 2 to the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 87 of July 16, 1999][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2000; provided, however, that the provisions listed in the following items come into effect as from the date provided in the relevant item:
(i)in Article 1, the amending provisions adding five articles, section headings, two subsections and subsection headings after Article 250 of the Local Autonomy Act (those amending provisions are limited to the part related to Article 250-9, paragraph (1) of the Local Autonomy Act (limited to the part related to obtaining the consent of both Houses of the Diet)); in Article 40, the provisions amending paragraph (9) and paragraph (10) of the Supplementary Provisions of the Natural Parks Act (those provisions are limited to the part related to paragraph (10) of the Supplementary Provisions of the Natural Parks Act); the provisions of Article 244 (excluding the part related to the provisions amending Article 14-3 of the Agricultural Improvement Promotion Act); and the provisions of Article 472 (excluding the part related to the provisions amending Article 6, Article 8 and Article 17 of the Act on Special Measures of Merger of Municipalities); and the provisions of Article 7, Article 10, Article 12, the proviso to Article 59, Article 60, paragraph (4) and paragraph (5), Article 73, Article 77, Article 157, paragraphs (4) through (6), Article 160, Article 163, Article 164 and Article 202 of the Supplementary Provisions:The date of promulgation
(Transitional Measures upon Partial Amendment of the Agricultural Chemicals Regulation Act)
Article 76The provisions of Article 13, paragraph (2) of the Agricultural Chemicals Regulation Act amended by the provisions of Article 243 do not apply to the results of reports or inspection obtained prior to the effective date pursuant to the provisions of Article 13, paragraph (1) of the Agricultural Chemicals Regulation Act prior to amendment by the provisions of Article 243.
(Affairs of the National Government)
Article 159Beyond what is provided for in respective laws prior to amendment by this Act, affairs of the national government, other local governments or other public bodies (which are referred to as the "affairs of the national government, etc." in Article 161 of the Supplementary Provisions) that were administrated or enforced by organs of local governments prior to the enforcement of this Act pursuant to laws or Cabinet Order based on those laws are treated by the local government as affairs of that local government pursuant to laws or Cabinet Orders based on those laws after the enforcement of this Act.
(Transitional Measures concerning Dispositions and Applications)
Article 160(1)Any disposition of permission, etc. or any other act conducted prior to the enforcement of this Act (or, with regard to the provisions listed in the items of Article 1 of the Supplementary Provisions, prior to the relevant provisions; hereinafter the same applies in this Article and Article 163 of the Supplementary Provisions) pursuant to the provisions of respective laws prior to the amendment (hereinafter referred to as the "disposition, etc." in this Article), or any application for permission, etc. or any other act conducted as of the effective date of this Act pursuant to the provisions of respective laws prior to the amendment (hereinafter referred to as the "application, etc." in this Article), for which a different person is to conduct the administrative affairs as of the effective date of this Act, is deemed to be a disposition, etc. performed or application, etc. made pursuant to the corresponding provisions of respective amended laws with respect to the application of respective amended laws after the effective date of this Act, except those prescribed in the provisions of Article 2 to the preceding Article of the Supplementary provisions or in the provisions on the transitional measures in respective amended laws (including orders pursuant thereto).
(2)Matters for which procedures such as reports, notification, submissions and others must be made to the organs of national government or local government prior to the effective date of this Act pursuant to the provisions of respective laws prior to the amendment, and for which those procedures have not been made prior to the effective date of this Act are deemed as the matters for which reports, notification, submissions and others must be made to the corresponding organs of national government or local government pursuant to the corresponding provisions of respective amended laws, and for which those procedures have not been made, and the provisions of respective laws amended by this Act apply to them, except as otherwise provided in this Act and Cabinet Orders based on it.
(Transitional Measures Concerning Appeals)
Article 161(1)The provisions of the Administrative Complaint Review Act apply to appeals filed against dispositions which were rendered prior to the effective date regarding the affairs of the national government, etc. by the administrative authority (hereinafter referred to as the "administrative authority reaching the dispositions" in this Article) that have been subordinated to higher administrative authority prescribed under the Administrative Complaint Review Act prior to the effective date (hereinafter referred to as the "higher administrative authority" in this Article), on the assumption that the administrative authority reaching the dispositions is to be still subordinate to the higher administrative authority even after the effective date.In this case, the administrative authority deemed to be the higher administrative authority of that administrative authority reaching the dispositions is deemed to be the one that was then the higher administrative authority of that administrative authority reaching the dispositions before the effective date.
(2)In the case referred to in the preceding paragraph, if the administrative authority that is deemed as the higher administrative authority is an organ of the local government, the affairs to be processed by the organ pursuant to the provision of the Administrative Complaint Review Act are the statutory entrusted function under item (i) as set forth in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162Prior laws continue to govern the fees which were to be paid prior to the effective date pursuant to the provisions of respective laws prior to amendment by this Act (including orders pursuant thereto), except as otherwise provided in this Act and Cabinet Orders based on it.
(Transitional Measures Concerning Penal Provisions)
Article 163Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164Beyond what is provided for in these Supplementary Provisions, transitional measures that become necessary as a result of the enforcement of this Act (including transitional measures concerning penal provisions) are prescribed by Cabinet Order.
(Review)
Article 250The statutory entrusted functions under the item (1) as prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act are not be newly established as much as possible, and those set forth in Appended Table 1 of the new Local Autonomy Act and those indicated in Cabinet Orders based on the Act are to be reviewed from the viewpoint of promoting decentralization, and to be and appropriately revised if necessary.
Article 251In order to enable local governments to execute their affairs and services voluntarily and independently, the government is to examine how to secure adequate sources of local tax revenue according to the sharing of roles between the national government and local governments taking into account the prevailing economic trends and other factors, and to take necessary measures based on the results of the examination.
Supplementary Provisions[Act No. 160 of December 22, 1999][Extract]
(Effective Date)
Article 1This Act (excluding Article 2 and Article 3) comes into effect as of January 6, 2001; provided, however, that the provisions listed in the following items come into effect as of the date provided in the relevant item:
(i)provisions of Article 995 (limited to the part amending the Supplementary Provisions of the Act Partially Amending the Act on Control of Nuclear Source Materials, Nuclear Fuel Materials and Reactors), Article 1305, Article 1306, Article 1324, paragraph (2), Article 1326, paragraph (2) and Article 1344:The date of promulgation
Supplementary Provisions[Act No. 187 of December 22, 1999][Extract]
(Effective Date)
Article 1This Act comes into effect as of January 6, 2001; provided, however, that the provisions of Article 10, paragraph (2) and Articles 7 through 9 of the Supplementary Provisions come into effect as from the date specified by Cabinet Order within a period not exceeding six months from that date.
(Transitional Measures upon Partial Amendment of the Agricultural Chemicals Regulation Act)
Article 8(1)An inspection on samples of agricultural chemicals that an inspection official is made to carry out as of the time of the enforcement of the preceding Article pursuant to the provisions of Article 2, paragraph (3) or Article 6-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 15-2, paragraph (6); the same applies in the following paragraph) of the Agricultural Chemicals Regulation Act prior to amendment by the provisions of the preceding Article (hereinafter referred to as the "former Act") is deemed to be an inspection on samples of agricultural chemicals that an inspection station is made to carry out pursuant to the provisions of Article 2, paragraph (3) or Article 6-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 15-2, paragraph (6); the same applies in the following paragraph) of the Agricultural Chemicals Regulation Act amended by the provisions of the preceding Article (hereinafter referred to as the "new Act").
(2)An inspection on samples of agricultural chemicals that an inspection official has been made to carry out pursuant to the provisions of Article 2, paragraph (3) or Article 6-2, paragraph (2) of the former Act prior to the effective date of the provisions of the preceding Article is deemed to be an inspection on samples of agricultural chemicals that an inspection station has been made to carry out pursuant to the provisions of Article 2, paragraph (3) or Article 6-2, paragraph (2) of the new Act.
Article 9(1)An inspection on agricultural chemicals that an inspection official is made to carry out pursuant to the provisions of Article 14, paragraph (3) of the former Act as of the time of enforcement of the provisions of Article 7 of the Supplementary Provisions is deemed to be an inspection on agricultural chemicals that an inspection station is made to carry out pursuant to the provisions of Article 14, paragraph (3) of the new Act.
(2)An inspection on agricultural chemicals that an inspection official has been made to carry out pursuant to the provisions of Article 14, paragraph (3) of the former Act prior to the effective date of the provisions of Article 7 of the Supplementary Provisions is deemed to be an inspection on agricultural chemicals that an inspection station has been made to carry out pursuant to the provisions of Article 14, paragraph (3) of the new Act.
Supplementary Provisions[Act No. 91 of May 31, 2000][Extract]
(Effective Date)
(1)This Act comes into effect as of the effective date of the Act Partially Amending the Commercial Code, etc. (Act No. 90 of 2000).
Supplementary Provisions[Act No. 141 of December 11, 2002]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation; provided, however, that the provisions of Article 3, Article 6 and Article 8 of the Supplementary Provisions come into effect as of the date of promulgation.
(Review)
Article 2When five years have passed since the enforcement of this Act, the government is to conduct a review of the status of the enforcement of the provisions of the Agricultural Chemicals Regulation Act amended by this Act (hereinafter referred to as the "new Act"), and is to take the requisite measures based on the results of the review if it finds it to be necessary.
(Transitional Measures Concerning Registration of Agricultural Chemicals)
Article 3(1)A person that seeks to manufacture, processes or import agricultural chemicals (excluding the manufacturers and importers prescribed in Article 1-2, paragraph (4) of the Agricultural Chemicals Regulation Act prior to amendment by this Act (hereinafter referred to as the "former Act")) may apply to be registered by the Minister of Agriculture, Forestry and Fisheries for the agricultural chemicals to be manufactured, processed or imported in accordance with the provisions of Article 2 of the new Act even prior to the date on which this Act comes into effect (hereinafter referred to as the "effective date").
(2)If an application for registration has been filed pursuant to the provisions of the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries may make the registration of the relevant agricultural chemicals in accordance with the provisions of Article 2 of the new Act even prior to the effective date.In this case, if registration has been made in accordance with the provisions of the referenced Article, the registration is deemed to have been made by the Minister of Agriculture, Forestry and Fisheries on the effective date pursuant to the provisions of the referenced Article.
(Transitional Measures Concerning Notification of Sellers)
Article 4The term "by the date of commencement" in Article 8, paragraph (3) of the new Act is deemed to be replaced with "within two weeks from the date of commencement" with regard to the application of the provisions of Article 8, paragraph (3) of the new Act to a person that is a seller prescribed in Article 1-2, paragraph (4) of the former Act as of the time of the enforcement of this, if two weeks have not passed from the date of commencement of that person's business, and that person has not given the notification under Article 8, paragraph (1) of the former Act.
(Transitional Measures Concerning Notification of Importer of Foreign Manufactured Agricultural Chemicals)
Article 5With regard to the application of the provisions of Article 15-4, paragraph (3) of the new Act to a person that intends to commence the import of agricultural chemicals in relation to the registration under Article 15-2, paragraph (1) of the new Act by the day on which two weeks have passed from the effective date (excluding importers prescribed in Article 1-2, paragraph (4) of the former Act), the term "no later than two weeks prior to the date of commencement" in Article 15-4, paragraph (3) of the new Act is deemed to be replaced with "by the date of commencement."
(Preparations Necessary for the Enforcement)
Article 6The Minister of Agriculture, Forestry and Fisheries, and the Minister of the Environment may hear the opinions of the Agricultural Materials Council even prior to the effective date, if intending to designate the specified agricultural chemicals prescribed in Article 2, paragraph (1) of the new Act, or intending to enact Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of the Environment under Article 12, paragraph (1) of the new Act.
(Transitional Measures Concerning Application of Penal Provisions)
Article 7Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect.
(Delegation to Cabinet Order)
Article 8Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 73 of June 11, 2003][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation; provided, however, that the provisions of Article 2, and the provisions in Article 6 of the Supplementary Provisions amending the paragraph referring to the Pharmaceutical Affairs Act (Act No. 145 of 1960) listed in the Appended Table 1 of the Local Autonomy Act (Act No. 67 of 1947), the provisions of Article 7, Article 9, and Article 10 of the Supplementary Provisions, and the provisions in Article 11 of the Supplementary Provisions amending Article 24, paragraph (1), item (viii) of the Food Safety Basic Act (Act No. 48 of 2003) and amending Article 4 of the Supplementary Provisions of the same Act come into effect as of whichever day comes later, the date specified in Article 1, item (i) of the Supplementary Provisions of the Act for Partially Amending the Pharmaceutical Affairs Act and the Blood Donation Brokerage Control Act (Act No. 96 of 2002) or the effective date of this Act; and the provisions of Article 4 come into effect as of the day on which one year has elapsed from the date of promulgation.
(Review)
Article 2When five years have passed since the enforcement of this Act, the government is to conduct a review of the status of the enforcement of the provisions amended by the provisions of Articles 1 through 5, and is to take the requisite measures based on the results of the review if it finds it to be necessary.
(Transitional Measures Concerning Application of Penal Provisions)
Article 4Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act comes into effect
(Delegation to Cabinet Order)
Article 5Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 53 of May 26, 2004][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2005.
Supplementary Provisions[Act No. 33 of April 27, 2005][Extract]
(Effective Date)
Article 1This Act comes into effect as of October 1, 2005.
(Transitional Measures)
Article 24If an order is established, amended or repealed pursuant to the provisions of respective laws amended by this Act, the order may provide necessary transitional measures (including transitional measures relating to penal provisions), to the extent determined as reasonably necessary for its establishment, amendment or repeal.
Supplementary Provisions[Act No. 8 of March 30, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2007; provided, however, that the provisions of Article 4, paragraph (2) and paragraph (3), Article 5, Article 7, paragraph (2), and Article 22 of the Supplementary Provisions come into effect as from the date of promulgation.
(Transitional Measures upon Partial Amendment of the Agricultural Chemicals Regulation Act)
Article 15(1)An inspection that an inspection station for agricultural chemicals has been made to carry out prior to the effective date pursuant to the Agricultural Chemicals Regulation Act prior to amendment by the preceding Article (in the following paragraph referred to as the "former Agricultural Chemicals Regulation Act") is deemed to be an inspection that the Food and Agricultural Materials Inspection Center has been made to carry out pursuant to the corresponding provisions of the Agricultural Chemicals Regulation Act amended by the provisions of the same Article (in the following paragraph referred to as the "new Agricultural Chemicals Regulation Act").
(2)An act falling under Article 15-5, paragraph (1), item (ii) of the former Agricultural Chemicals Regulation Act, which has been committed prior to the effective date against an inspection station for agricultural chemicals, is deemed to be an act falling under Article 15-5, paragraph (1), item (ii) of the new Agricultural Chemicals Regulation Act, and the provisions of the same paragraph apply to that act.
(Transitional Measures Concerning Penal Provisions)
Article 21Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before the effective date, and to conduct in which a person engages after the effective date in a situation that prior laws continue to govern pursuant to the provisions of Article 10 of the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 22Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 84 of November 27, 2013][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date 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 as of the date of promulgation.
(Effect of Dispositions)
Article 100If any dispositions, procedures, or other acts have been conducted prior to the enforcement of this Act pursuant to the provisions of respective laws before amendment (including orders based thereon; hereinafter the same applies in this Article), and the respective amended laws contain provisions corresponding to those provisions, those dispositions, procedures, or other acts are deemed to have been conducted under those corresponding provisions of the respective revised laws, except those otherwise provided by the Supplementary Provisions.
(Transitional Measures Concerning Penal Provisions)
Article 101Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before the effective date, and to conduct that a person engages in after the effective date in a situation that prior laws continue to govern pursuant to the provisions of this Act.
(Delegation to Cabinet Order)
Article 102Beyond what is provided for in these Supplementary Provisions, transitional measures that become necessary as a result of the enforcement of this Act (including transitional measures concerning penal provisions) are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 103 of December 13, 2013][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions listed in the following items come into effect as of the date provided in the relevant item:
(i)Omitted;
(ii)the provisions of Article 17 of the Supplementary Provisions:whichever day comes later, the date of promulgation of the Act Partially Amending the Pharmaceutical Affairs Act (Act No. 84 of 2013) or the date of promulgation of this Act.
Supplementary Provisions[Act No. 69 of June 13, 2014][Extract]
(Effective Date)
Article 1This Act comes into effect as of the effective date of the Administrative Complaint Review Act (Act No. 68 of 2014)
(Principles of Transitional Measures)
Article 5Prior laws continue to govern the appeal which is filed against a disposition or other act made by an administrative authority or against an inaction by an administrative authority, and which is related to a disposition or any other act made by an administrative authority prior to the enforcement of this Act, or an inaction by an administrative authority regarding an application filed prior to the enforcement of this Act, unless otherwise provided for in these Supplementary Provisions.
(Transitional Measures Concerning Litigation)
Article 6(1)Prior laws continue to govern the filing of an action for matters that the provisions of laws prior to amendment by this Act prescribe an action may be filed for only after the administrative authority renders an administrative determination on an appeal, a ruling on it, or other acts on it, if the period during which it is to be filed elapses prior to the enforcement of this Act without the filling of that appeal (if it is prescribed that that appeal may be filed only after the administrative authority renders an administrative determination on another appeal, a ruling on it, or other acts on it, those matters include those in cases which the period during which that appeal is to be filed elapses prior to the enforcement of this Act without the filling of that appeal).
(2)Prior laws continue to govern the filing of an action for rescission of a disposition or other acts which an objection has been filed against pursuant to laws prior to amendment by the provisions of this Act (including cases which prior laws continue to govern pursuant to the provisions of the preceding Article), and which laws amended by the provisions of this Act prescribes an action for rescission may be filed for only after an administrative determination is rendered on an request for examination.
(3)Prior laws continue to govern the filing of an action for rescission of an administrative determination, ruling, or other act by the administrative authority on an appeal, if that action for rescission has been filed prior to the enforcement of this Act.
(Transitional Measures Concerning Penal Provisions)
Article 9Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into effect, and to conduct that person engages in after the effective date in a situation that the prior laws continue to govern pursuant to the provisions of Article 5 and the preceding two Articles of the Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 10Beyond what is provided for in Article 5 through the preceding Article of the Supplementary Provisions, transitional measures that become necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are prescribed by Cabinet Order.
Supplementary Provisions[Act No. 53 of June 15, 2018][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions listed in the following items come into effect as of the date provided in the relevant item:
(i)the provisions of Article 11 and Article 14 of the Supplementary Provisions:The date of promulgation;
(ii)the provisions of Article 2, and Articles 7 through 10, Article 12 (limited to the part concerning Article 9, paragraph (3) of the Supplementary Provisions) and Article 20 of the Supplementary Provisions:The date specified by Cabinet Order within a period not exceeding two years from the date of promulgation.
(Transitional Measures Accompanying Revision under the Provisions of Article 1)
Article 2Prior laws continue to govern a disposition against an application which has been filed prior to the date on which this Act comes into effect (hereinafter referred to as the "effective date") for registration under Article 2, paragraph (1) or Article 15-2, paragraph (1) of the Agricultural Chemicals Regulation Act prior to amendment by the provisions of Article 1 (hereinafter referred to as the "former Act"), or for change of registration under Article 6-2, paragraph (1) of the former Act (including as applied mutatis mutandis pursuant to Article 15-2, paragraph (6) of the former Act), if a disposition as to whether or not to grant the registration or change of registration has not been made at the time of the enforcement of this Act.
Article 3(1)Agricultural chemicals which have been registered as of the time of the enforcement of this Act under Article 2, paragraph (1) or Article 15-2, paragraph (1) of the former Act (including those which are registered in accordance with the prior laws that continue to govern, pursuant to the provisions of the preceding Article) are deemed to have been registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the Agricultural Chemicals Regulation Act amended by the provisions of Article 1 (hereinafter referred to as the "new Act") as of the effective date (or, as of the date of the registration of agricultural chemicals, if those agricultural chemicals are registered in accordance with the prior laws that continue to govern, pursuant to the provisions of the preceding Article).
(2)A registration certificate (including those issued for agricultural chemicals registered in accordance with the prior laws that continue to govern, pursuant to the provisions of the preceding Article) which has been issued as of the time of the enforcement of this Act pursuant to the provisions of Article 2, paragraph (3) of the former Act (including as applied mutatis mutandis pursuant to Article 15-2, paragraph (6) of the former Act) is deemed to be a registration certificate which has been issued pursuant to the provisions of Article 3, paragraph (9) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act).
Article 4(1)The first reevaluation which is conducted after the effective date under the provisions of Article 8, paragraph (1) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act) on agricultural chemicals that contain the same active ingredients with the agricultural chemicals that have been registered as of the time of the enforcement of this Act under Article 2, paragraph (1) or Article 15-2, paragraph (1) of the former Act (that reevaluation is simply referred to as the "reevaluation" in the following paragraph and paragraph (1) of the following Article) is to be conducted from the effective date until the day on which the period specified by Order of the Ministry of Agriculture, Forestry and Fisheries has elapsed, notwithstanding the provision of Article 8, paragraph (2) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act; the same applies in the following paragraph).
(2)With regard to the application of the provisions of Article 8, paragraph (2) of the new Act to the agricultural chemicals on which a reevaluation has been conducted pursuant to the provisions of the preceding paragraph, the term "the registration for the first time under Article 3, paragraph (1) or Article 34, paragraph (1) with respect to the agricultural chemical containing the referenced active ingredient" in Article 8, paragraph (2) is deemed to be replaced with "the public notice of the same paragraph with respect to the agricultural chemical containing the referenced active ingredient for the first time after the date of enforcement of the Act Partially Amending the Agricultural Chemicals Regulation Act (Act No. 53 of 2018)."
Article 5(1)With regard to the application of the provisions of Article 8, paragraph (3) and Article 11 of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act) in cases in which the first reevaluation is conducted after the effective date on the agricultural chemical which is deemed to have been registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the new Act pursuant to the provisions of Article 3, paragraph (1) of the Supplementary Provisions, the term "other documents" in Article 8, paragraph (3) of the new Act is deemed to be replaced with "the paper stating the matters set forth in Article 3, paragraph (2), item (ii) (limited to the part related to the concentration) and items (xi) through (xiii) and other documents"; and the term "Article 3, paragraph (2), item (ii)" in Article 11, item (i) of the new Act is deemed to be replaced with "Article 3, paragraph (2), item (ii) (excluding the part related to the concentration)".
(2)In the case prescribed in the preceding paragraph, regarding that agricultural chemical, the Minister of Agriculture, Forestry and Fisheries must register a change of matters set forth in Article 3, paragraph (2), item (ii) of the new Act (limited to the part related to the concentration) (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act), and register a change to add the matters set forth in Article 3, paragraph (2), items (xi) through (xiii) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act), and must issue a registration certificate stating the matters set forth in the items of Article 3, paragraph (9) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act), except cases in which the Minister revokes the registration pursuant to Article 9, paragraph (1) or paragraph (2) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act).
(3)If the registration is changed pursuant to the provisions of the preceding paragraph, the person that has obtained that registration must return the registration certificate which is deemed to have been issued pursuant to the provisions of Article 3, paragraph (9) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act), pursuant to the provisions of Article 3, paragraph (2) of the Supplementary Provisions (or, the registration certificate which has been issued to that person pursuant to the provisions of Article 7, paragraph (7), Article 9, paragraph (4) or Article 10, paragraph (2) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act), if that is the case), without delay, to the Minister of Agriculture, Forestry and Fisheries.
Article 6With regard to the application of the provisions of Article 16 and Article 21, paragraph (1) of the new Act (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act) before the change of the registration is made pursuant to the provisions of paragraph (2) of the preceding Article for the agricultural chemical which is deemed to have been registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the new Act pursuant to the provisions of Article 3, paragraph (1) of the Supplementary Provisions, the term "concentration" in Article 16, item (ii) and Article 21, paragraph (1) of the new Act is deemed to be replaced with "total weight."
(Transitional Measures Accompanying Revision under Article 2)
Article 7Prior laws continue to govern an application which has been filed prior to the date on which the provisions set forth in Article 1, item (ii) of the Supplementary Provisions comes into effect (hereinafter referred to as the "item (ii) effective date") for registration under Article 3, paragraph (1) or Article 34, paragraph (1) of the Agricultural Chemicals Regulation Act prior to amendment by the provisions of Article 2 (hereinafter referred to as the "former Act 2"), or an application for change of registration under Article 7, paragraph (1) of the former Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the former Act 2), if a disposition as to whether or not to grant the registration or change of registration has not been made at the time of the enforcement of the provisions set forth in the referenced item.
Article 8(1)Agricultural chemicals registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the former Act 2 as of the time of the enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions come into force (including those which are registered in accordance with the prior laws that continue to govern, pursuant to the provisions of the preceding Article) are deemed to have been registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the Agricultural Chemicals Regulation Act amended by the provisions of Article 2 (hereinafter referred to as the "new Act 2") as of the item (ii) effective date (or, as of the date of the registration of agricultural chemicals which are registered in accordance with prior law that continue to govern, pursuant to the provisions of the preceding Article, if that is the case).
(2)A registration certificate which has been issued pursuant to the provisions of Article 3, paragraph (9) of the former Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the former Act 2) as of the time of the enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions (that registration certificate includes those issued for agricultural chemicals which are registered in accordance with prior laws that continue to govern, pursuant to the provisions of the preceding Article) is deemed to be a registration certificate which has been issued pursuant to the provisions of Article 3, paragraph (9) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2).
Article 9(1)With regard to the application of the provisions of Article 8, paragraph (3) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2) in cases in which the first reevaluation under Article 8, paragraph (1) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the former Act 2) is conducted after the item (ii) effective date on the agricultural chemical which is deemed to have been registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the new Act 2 pursuant to paragraph (1) of preceding Article of the Supplementary Provisions, the term "other documents" in Article 8, paragraph (3) of the new Act 2 is deemed to be replaced with "the paper stating the matters set forth in Article 3, paragraph 2, item (iii) (limited to the part related to period of use), item (iv) (limited to the part related to damage prevention measures) and item (v) and other documents".
(2)In cases prescribed in the preceding paragraph, regarding the relevant agricultural chemical, the Minister of Agriculture, Forestry and Fisheries must register a change to add the matters set forth in Article 3, paragraph (2), item (iii) (limited to the part related to period of use) and item (iv) (limited to the part related to damage prevention measures) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2) and register a change of matters set forth in Article 3, paragraph 2, item (v) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2), and must issue a registration certificate stating the matters set forth in the items of Article 3, paragraph (9) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2), except cases in which the Minister revokes the registration pursuant to Article 9, paragraph (1) or paragraph (2) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2).
(3)If the registration is changed pursuant to the provisions of the preceding paragraph, the person that has obtained the relevant registration must return the registration certificate which is deemed to have been issued pursuant to the provisions of Article 3, paragraph (9) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2) pursuant to the provisions of paragraph (2) of the preceding Article (or, the registration certificate which has been issued to that person pursuant to the provisions of Article 7, paragraph (7), Article 9, paragraph (4), or Article 10, paragraph (2) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2), if that is the case), without delay, to the Minister of Agriculture, Forestry and Fisheries.
Article 10With regard to the application of the provisions of Article 16 of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2) before the change for registration is made pursuant to the provisions of paragraph (2) of the preceding Article for the agricultural chemical which is to have been registered under Article 3, paragraph (1) or Article 34, paragraph (1) of the new Act 2 pursuant to the provisions of Article 8, paragraph (1) of the Supplementary Provisions, the term ", damage prevention measures to be taken if the agricultural chemicals are used and" in Article 16, item (vi) of the new Act 2 is deemed to be replaced with "and"; and the term "flora and fauna in the human living environment" in Article 16, item (vii) of the new Act 2 is deemed to be replaced with "aquatic animals and plants".
Article 11The Minister of Agriculture, Forestry and Fisheries may hear the opinions of the Agricultural Materials Council even prior to the item (ii) effective date, if intending to establish the standards under Article 4, paragraph (2) of the new Act 2 (including as applied mutatis mutandis pursuant to Article 34, paragraph (6) of the new Act 2).
(Penal Provisions)
Article 12(1)A person violating the provision of Article 5, paragraph (3) or Article 9, paragraph (3) of the Supplementary Provisions is punished by a fine of not more than 300,000 yen.
(2)If the representative of a corporation, or the agent, employee, or other worker of a corporation or an individual, has committed a violation under the preceding paragraph in connection with the business of the corporation or individual, the corporation or individual is subject to the punishment prescribed in the same paragraph, in addition to the punishment to which the offender is sentenced.
(Transitional Measures Concerning Application of Penal Provisions)
Article 13Prior laws continue to govern the applicability of penal provisions to conduct that a person engaged in before this Act (or, for the provisions set forth in Article 1, item (ii) of the Supplementary Provisions, those provisions), comes into effect.
(Delegation to Cabinet Order)
Article 14Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 15After approximately five years from the enforcement of this Act, the government is to conduct a review of the status of the enforcement of the provisions amended by the provisions of this Act, and to take the requisite measures based on the results of the review if it finds it to be necessary.