Regulation for Enforcement of the Act on Japanese Agricultural Standards(Order of the Ministry of Agriculture and Forestry No. 62 of 1950)
Last Version: Order of the Ministry of Agriculture, Forestry and Fisheries No. 25 of 2021
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  • 令和6年3月13日
    • 最終更新:令和四年農林水産省令第五十号
    • 翻訳日:令和6年1月31日
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  • 令和4年1月20日
    • 最終更新:令和三年農林水産省令第二十五号
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Regulation for Enforcement of the Act on Japanese Agricultural Standards
Order of the Ministry of Agriculture and Forestry No. 62 of June 9, 1950
In order to enforce the Agricultural and Forest Commodities Standards Act (Act No. 175 of 1950), and in accordance with the same Act, the Regulation for Enforcement of the Agricultural and Forest Commodities Standards Act is provided as follows.
(Matters Equivalent to the Quality of Agricultural and Forestry Products)
Article 1The matters provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 2, paragraph (2), item (iv) of the Act on Japanese Agricultural Standards (Act No. 175 of 1950; hereinafter referred to as the "Act") are terms concerning agricultural and forestry products, the handling, etc. of agricultural and forestry products (meaning the handling, etc. of agricultural and forestry products prescribed in item (ii) of the same paragraph; the same applies hereinafter), or testing, etc. (meaning the testing, etc. prescribed in item (iii) of the same paragraph; the same applies hereinafter).
(Public Announcement of Information on the Progress of Procedures)
Article 2The Minister of Agriculture, Forestry and Fisheries is to publicize information on the progress of procedures for the enactment of a standard, and the confirmation, amendment and abolishment of Japanese Agricultural Standards (hereinafter collectively referred to as "confirmation, etc.") under Article 3 of the Act (including as applied mutatis mutandis pursuant to Article 5 of the Act) over the Internet or other means.
Article 3Deleted
(Consultation with the Council for the Japanese Agricultural Standards)
Article 4(1)The Minister of Agriculture, Forestry and Fisheries is to carry out procedures for seeking the opinions of the public on the draft of Japanese Agricultural Standards, and then have this deliberated on by the Council for the Japanese Agricultural Standards.
(2)When referring the draft of Japanese Agricultural Standards for deliberation to the Council for the Japanese Agricultural Standards, the Minister of Agriculture, Forestry and Fisheries must attach the following documents to the draft:
(i)the results of research on the current situation and outlook on the quality or production, sale, or other handling of agricultural and forestry products relating to the draft of Japanese Agricultural Standards, or transactions of the agricultural and forestry products, and on trends in international standardization; and
(ii)the results of procedures for seeking the opinions of the public under the provisions of the preceding paragraph.
Articles 5 through 12Deleted
(Proposal for Enactment or Confirmation, etc. of Japanese Agricultural Standards)
Article 13A person that intends to make the proposal under Article 4, paragraph (1) of the Act must prepare the original bill in which the current situation and outlook on the quality or production, sale, or other handling of agricultural and forestry products relating to that bill referred to in the same paragraph, or transactions of the agricultural and forestry products, and trends in international standardization are considered, the intent of persons with significant interest is to be reflected, and any parties under similar conditions are not to be unfairly discriminated against in its application.
Article 14The proposal under Article 4, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to Article 5 of the Act) must be made through documents stating the following matters; provided, however, that when the confirmation or abolishment of a Japanese Agricultural Standard is proposed, that standard is deemed to be the original bill:
(i)the name and address of the proposing party, and the type and details of the business in which the proposing party is engaged;
(ii)the type of agricultural and forestry product in relation to the Japanese Agricultural Standard intended to be enacted or confirmed, etc., or the division of the method of handling, etc. of agricultural and forestry products, the method of testing, etc. or the matters set forth in Article 2, paragraph (2), item (iv) of the Act, and information as to whether the distinction between enactment, confirmation, amendment, or abolishment;
(iii)the reason for the enactment, confirmation, amendment or abolishment;
(iv)the outline of the results of research of the current situation and outlook on the quality or production, sale, or other handling of agricultural and forestry products relating to the original bill subject to the proposal, or transactions in the agricultural and forestry products, and of trends in international standardization; and
(v)if the proposal is for enactment or amendment, an outline of the opinions of persons with significant interest in the original bill relating to the proposal.
(Public Notification of the Enactment of Japanese Agricultural Standards)
Article 15(1)The public notification prescribed in Article 7, paragraph (1) of the Act is issued through publishing the following matters in the Official Gazette:
(i)the type of agricultural and forestry product, or the division of the method of handling, etc. of agricultural and forestry products or the method of testing, etc., or the matters set forth in Article 2, paragraph (2), item (iv) of the Act;
(ii)the number of the relevant Japanese Agricultural Standard;
(iii)information as to the distinction between enactment, amendment, or abolishment; and
(iv)the effective date.
(2)The public notification prescribed in Article 7, paragraph (2) of the Act is issued through publishing the following matters in the Official Gazette:
(i)the type of agricultural and forestry product, or the division of the method of handling, etc. of agricultural and forestry products, , the method of testing, etc. or the matters set forth in Article 2, paragraph (2), item (iv) of the Act;
(ii)the number of the relevant Japanese Agricultural Standard; and
(iii)an indication that the relevant Japanese Agricultural Standard has been confirmed.
(3)When issuing the public notification under Article 7, paragraph (1) or (2) of the Act, the Minister of Agriculture, Forestry and Fisheries is to publicize the date and details of that public notification over the Internet or other means.
(Public Hearings)
Article 16A person that requests a public hearing pursuant to the provisions of Article 9, paragraph (2) of the Act must submit a written request to hold a public hearing stating the following matters to the Minister of Agriculture, Forestry and Fisheries:
(i)the name and address of the requester;
(ii)the matters to be requested;
(iii)the reason for the request; and
(iv)the opinion.
Article 17When intending to hold a public hearing, the Minister of Agriculture, Forestry and Fisheries must give public notification of the date, time, place, and matters on which opinions are to be heard at the public hearing at least ten days prior thereto.
Article 18Persons that intend to attend a public hearing and state their opinions must report to the Minister of Agriculture, Forestry and Fisheries on their approval or disapproval of the relevant matters and reasons therefor in writing in advance.
Article 19(1)The Minister of Agriculture, Forestry and Fisheries designates interested persons whose opinions are to be heard at a public hearing (hereinafter referred to as "speakers at public hearings") from among persons who have reported in advance pursuant to the preceding Article and other parties, and notifies the persons thereof.
(2)If there are both persons in favor of and against the relevant matters among those who have reported in advance, speakers at public hearings must be selected from both sides.
Article 20Public hearings are chaired by the Minister of Agriculture, Forestry and Fisheries or an employee of the Ministry of Agriculture, Forestry and Fisheries designated by the Minister.
Article 21When finding it necessary, a chairperson may have persons with relevant expertise, employees of relevant administrative organs, and other experts attend and state their opinions at public hearings.
Article 22(1)Speakers at public hearings must not speak on topics beyond those relevant.
(2)When speakers at public hearings speak on topics beyond those relevant or act inappropriately, a chairperson may prohibit them from speaking or order them to leave the room.
Article 23(1)Experts who attend public hearings pursuant to the provisions of Article 21 may question speakers at a public hearing.
(2)Speakers at public hearings may not question the experts referred to in the preceding paragraph.
Article 24When having obtained the chairperson's approval, speakers at public hearings may present their opinions in writing or have a representative state their opinions on their behalf.
(Applications for Certification of Product Handlers)
Article 25Application for the certification referred to in Article 10, paragraph (1) of the Act must be made by submitting to an accredited certification body a document stating the following matters (in cases of application for the certification made as provided by the Minister of Agriculture, Forestry and Fisheries referred to in Article 46, paragraph (2), excluding item (iv)):
(i)the name and address;
(ii)the type of agricultural and forestry product intended to be graded;
(iii)the name and location of the farm, factory, or place of business where the relevant agricultural and forestry products are produced, sold, or otherwise handled;
(iv)the matters showing that the technical criteria for the certification referred to in Article 10, paragraph (1) of the Act are complied with; and
(v)other matters for reference.
(Grade Labeling)
Article 26The method provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 10, paragraph (1) of the Act is as follows:
(i)the matters to be indicated are mainly as follows, and the format thereof is provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries in public notice:
(a)the matters referring to Japanese Agricultural Standard;
(b)the name of the accredited certification body performing the certification;
(c)the content of the Japanese Agricultural Standard relating to the grading; and
(d)the number assigned by the accredited certification body or accredited overseas certification body for each certification (hereinafter referred to as the "certification number");
(ii)the method of labeling is provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries in public notice.
(Production Process Manager)
Article 27Managers or controllers for the production process of agricultural and forestry products as provided by Order of Ministry of Agriculture, Forestry and Fisheries referred to in Article 10, paragraph (2) of the Act are as follows:
(i)product handlers of the relevant agricultural and forestry products (meaning the product handler prescribed in Article 10, paragraph (1) of the Act; the same applies hereinafter) that are also managers or controllers for the production process of the agricultural and forestry products; or
(ii)corporations composed of product handlers of the relevant agricultural and forestry products (including an association or foundation without legal personality which has a designated representative or custodian) that are also managers or controllers for the production process of the agricultural and forestry products.
(Applications for Certification of Production Process Managers)
Article 28The application for the certification referred to in Article 10, paragraph (2) of the Act must be made by submitting a document stating the following matters to an accredited certification body:
(i)the name and address;
(ii)the type of agricultural and forestry product intended to be graded;
(iii)the name and location of the farm, factory, or place of business where the relevant agricultural and forestry products are produced;
(iv)the matters showing that the technical criteria for the certification referred to in Article 10, paragraph (2) of the Act are complied with; and
(v)other matters for reference.
(Distribution Process Managers)
Article 28-2Managers or controllers for the distribution process of agricultural and forestry products as provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 10, paragraph (3) of the Act are as follows:
(i)product handlers of the relevant agricultural and forestry products that are also managers or controllers for the distribution process of agricultural and forestry products; or
(ii)corporations composed of product handlers of the relevant agricultural and forestry products (including an association or foundation without legal personality which has a designated representative or custodian) that are also managers or controllers for the distribution process of the agricultural and forestry products.
(Applications for Certification of Distribution Process Managers)
Article 28-3Applications for the certification referred to in Article 10, paragraph (3) of the Act must be made by submitting a document stating the following matters to an accredited certification body:
(i)the name and address;
(ii)the type of agricultural and forestry product intended to be graded;
(iii)the distribution process of the relevant agricultural and forestry products;
(iv)the name and address of the product handler in the relevant distribution process;
(v)the matters showing that the technical criteria for the certification referred to in Article 10, paragraph (3) of the Act are complied with; and
(vi)other matters for reference.
(Technical Criteria for the Certification of Product Handlers Conducting Grading)
Article 29The technical criteria for the certification referred to in Article 10, paragraphs (1) through (3) of the Act are to be those concerning the following matters for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries:
(i)the organization necessary for the business of producing, selling, or otherwise handling agricultural and forestry products subject to certification, or for the business of managing or controlling a production or distribution process of the agricultural and forestry products, and the matters concerning the administration and operation of that business; and
(ii)the organization conducting grading, and method of carrying out grading, such as affixing the grade label, and preparing and keeping records of grading.
(Method of Inspecting Agricultural and Forestry Products)
Article 30The inspection of the agricultural and forestry products referred to in Article 10, paragraph (4), item (i) of the Act is to be conducted as set forth below:
(i)the inspection is conducted individually or by sampling as provided by the Minister of Agriculture, Forestry and Fisheries; and
(ii)the percentage of sampling in the cases of sampling inspections and the grading criteria are as provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries.
(Method of Inspecting the Production Process of Agricultural and Forestry Products)
Article 31The inspection of the production process of the agricultural and forestry products referred to in Article 10, paragraph (4), item (ii) of the Act is to be conducted, as provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries, based on the records of production prepared by the product handler of the relevant agricultural and forestry product and the results of site investigation of the farm, factory, or place of business, and other investigations.
(Method of Inspecting the Distribution Process of Agricultural and Forestry Products)
Article 31-2The inspection of the distribution process of the agricultural and forestry products referred to in Article 10, paragraph (4), item (iii) of the Act is to be conducted, as provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries, based on the records of distribution prepared by the product handler of the relevant agricultural and forestry product and the results of site investigation of the facilities relating to the distribution and other investigations.
(Applications for the Certification of Re-packers)
Article 32Application for the certification referred to in Article 11, paragraph (1) of the Act must be made by submitting a document stating the following matters to an accredited certification body:
(i)the name and address;
(ii)the type of agricultural and forestry product to which a grade label is intended to be affixed;
(iii)the name and location of the place of business where consignments of the relevant agricultural and forestry products are subdivided;
(iv)the matters showing that the technical criteria for the certification referred to in Article 11, paragraph (1) of the Act are complied with; and
(v)other matters for reference.
(Technical Criteria for the Certification of Re-packers)
Article 33The technical criteria for the certification referred to in Article 11, paragraph (1) of the Act are to be those concerning the following matters which are provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries:
(i)the organization necessary for the business of subdivision, and matters concerning the administration and operation of that business; and
(ii)the organization that affixes grade labels, and method of carrying out grade labeling, such as affixing the grade label, and preparing and keeping records of grade labeling.
(Applications for the Certification of Importers)
Article 34Application for the certification referred to in Article 12, paragraph (1) of the Act must be made by submitting a document stating the following matters to an accredited certification body:
(i)the name and address;
(ii)the type of agricultural and forestry product to which a grade label is intended to be affixed;
(iii)the name and location of the place of business where the import of the relevant agricultural and forestry product is conducted;
(iv)the matters showing that the technical criteria for the certification referred to in Article 12, paragraph (1) of the Act are complied with; and
(v)other matters for reference.
(Matters to be Stated in Certificates)
Article 35The matters provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 12, paragraph (1) of the Act are as follows:
(i)the name and address of the organization which has issued the certificate;
(ii)the issuance date of the certificate;
(iii)the type and quantity of agricultural and forestry products relating to the certification;
(iv)the name and address of the overseas organization which has performed an act equivalent to the certification of the product handler, production process manager (meaning the production process manager prescribed in Article 10, paragraph (2) of the Act; the same applies hereinafter), distribution process manager (meaning the distribution process manager prescribed in paragraph (3) of the same Article; the same applies hereinafter), or re-packer (meaning the re-packer prescribed in Article 11, paragraph (1) of the Act; the same applies hereinafter) relating to the relevant agricultural and forestry product; and
(v)an indication that the relevant agricultural and forestry product has been graded.
(Technical Criteria for the Certification of Importers)
Article 36The technical criteria for the certification referred to in Article 12, paragraph (1) of the Act are to be those concerning the following matters which are provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries:
(i)the organization necessary for the business of accepting and keeping imports, and matters concerning the administration and operation of that business; and
(ii)the organization that affixes grade labels, and method of carrying out grade labeling, such as affixing the grade label, and preparing and keeping records of grade labeling.
(Overseas Countries That Have a Grading System Equivalent to That of The Japanese Agricultural Standards Concerning Agricultural and Forestry Products)
Article 37The countries designated by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 12, paragraph (2) of the Act are as follows:
(i)for organic products of plant origin (meaning the agricultural products prescribed in Article 17, item (i) of the Enforcement Order of the Act on Japanese Agricultural Standards (Cabinet Order No. 291 of 1951; hereinafter referred to as the "Order"); the same applies hereinafter) and organic processed food (meaning the food and drinks prescribed in item (iii) of the same Article; the same applies hereinafter) which are manufactured or processed by exclusively using the organic products of plant origin as raw materials or ingredients: United States of America, Argentina, United Kingdom of Great Britain and Northern Ireland, Australia, Canada, Switzerland, and New Zealand, as well as the member states of the European Union; and
(ii)for organic livestock products (meaning the livestock products prescribed in Article 17, item (ii) of the Order; the same applies hereinafter) and organic processed food (excluding those prescribed in the preceding item): United States of America, Australia, Canada, and Switzerland.
(Public Notification of Overseas Bodies Equivalent to Governmental Organizations Designated by the Minister of Agriculture, Forestry and Fisheries)
Article 38The matters as provided for by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 12, paragraph (3) of the Act are as set forth below:
(i)the name and address of the overseas body equivalent to a governmental organization; and
(ii)the type of agricultural and forestry products relating to the certificate issued by the overseas body equivalent to a governmental organization.
(Applications for Certification of a Product Handler to Affix Compliance Label)
Article 38-2The application for the certification referred to in Article 13, paragraph (1) of the Act must be made by submitting a document stating the following matters to an accredited certification body:
(i)the name and address;
(ii)the division of the method of handling, etc. of agricultural and forestry products for which the certification is sought;
(iii)the matters showing that the technical criteria for the certification referred to in Article 13, paragraph (1) of the Act are complied with; and
(iv)other matters for reference.
(Technical Criteria for Certification of a Product Handler to Affix Compliance Label)
Article 38-3The technical criteria for the certification referred to in Article 13, paragraph (1) of the Act are to be those concerning the following matters (for a division of the method of handling, etc. of agricultural and forestry products for which no effective period of certification is prescribed, excluding the matter set forth in item (iii)) which are provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries:
(i)the organization necessary for the business for the method of handling, etc. of agricultural and forestry products, and matters concerning the administration and operation of that business;
(ii)the organization that affixes compliance labels, and the method of carrying out compliance labeling, such as affixing compliance label, and preparing and keeping records of compliance labeling; and
(iii)the effective period of certification.
(Advertisement Concerning the Handling of Agricultural and Forestry Products)
Article 38-4The matters provided for by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 13, paragraph (1) of the Act are as follows:
(i)the advertisements concerning the handling, etc. of the agricultural and forestry products;
(ii)the advertisements concerning product handlers; and
(iii)the matters provided by the Minister of Agriculture, Forestry and Fisheries as equivalents to those set forth in the preceding two items.
(Compliance Label)
Article 38-5The method provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 13, paragraph (1) of the Act is as follows:
(i)the matters to be indicated are mainly as follows, and the format thereof is provided for each division of the method of handling, etc. of agricultural and forestry products by the Minister of Agriculture, Forestry and Fisheries in public notice:
(a)the matter referring to Japanese Agricultural Standard;
(b)the name of the accredited certification body performing the certification; and
(c)the content of the Japanese Agricultural Standard relating to the compliance.
(ii)the method of labeling is provided for each division of the method of handling, etc. of agricultural and forestry products by the Minister of Agriculture, Forestry and Fisheries in public notice.
(Accreditation of an Accredited Certification Body)
Article 39(1)Application for the accreditation referred to in Article 14, paragraph (1) of the Act must be made by submitting a written application in accordance with Appended Form 1 to which revenue stamps for an amount corresponding to the amount of the application fee are affixed to the Minister of Agriculture, Forestry and Fisheries.
(2)The following documents must be attached to the written application referred to in the preceding paragraph:
(i)a certificate of registered information (if the applicant is a corporation incorporated under foreign laws and regulations, a document equivalent thereto);
(ii)a document stating the following matters:
(a)the matters concerning the organization that performs certification operations;
(b)beyond what is set forth in (a), matters concerning the method of undertaking certification; and
(c)if operations other than those regarding certification are performed, matters concerning the type and outline of the operations and the entire organization.
(iii)a document stating the composition of major shareholders (if there is any person equivalent to the certified business operator prescribed in Article 16, paragraph (1), item (ii) of the Act among them, including that fact); and
(iv)a document stating the names and brief biographical outlines of officers and the scope of their duties.
(3)The written application referred to in paragraph (1) is to be submitted through the Food and Agricultural Materials Inspection Center (hereinafter referred to as the "center").
(Division of Accreditation of an Accredited Certification Body)
Article 40Each division as provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 14, paragraph (1) is as follows:
(i)Japanese Agricultural Standards that are the criteria for the matters set forth in Article 2, paragraph (2), item (i), (a) of the Act (limited to those for food and drinks);
(ii)Japanese Agricultural Standards that are the criteria for the matters set forth in Article 2, paragraph (2), item (i), (a) of the Act (limited to those for timber or bamboo materials);
(iii)Japanese Agricultural Standards that are the criteria for the matters set forth in Article 2, paragraph (2), item (i), (a) of the Act (excluding those set forth in the preceding two items);
(iv)Japanese Agricultural Standards that are the criteria for the matters set forth in Article 2, paragraph (2), item (ii) (limited to those for capabilities of individuals); and
(v)Japanese Agricultural Standards other than those set forth in each of the preceding items.
(Recording in the Accreditation Directory of Accredited Certification Bodies)
Article 41The accreditation referred to in Article 16, paragraph (1) of the Act is implemented by recording in the accreditation directory of accredited certification bodies in accordance with Appended Form 2.
(Overseas Production Process Managers)
Article 42The provisions of Article 27 apply mutatis mutandis to persons provided by Order of the Ministry of Agriculture, Forestry and Fisheries as those who manage or control the production process for agricultural and forestry products referred to in Article 16, paragraph (1), item (ii) of the Act in overseas countries.
(Overseas Distribution Process Managers)
Article 42-2The provisions of Article 28-2 apply mutatis mutandis to persons provided by Order of the Ministry of Agriculture, Forestry and Fisheries as those who manage or control the distribution process for the agricultural and forestry products referred to in Article 16, paragraph (1), item (ii) of the Act in overseas countries.
(Mutatis Mutandis Application to Renewal of Accreditation of an Accredited Certification Body)
Article 43The provisions of Article 39 apply mutatis mutandis to the application for renewal of the accreditation referred to in Article 14, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act, and the provisions of Article 40 apply mutatis mutandis to the divisions as provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 14, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act, and the provisions of Article 41 apply mutatis mutandis to the renewal of the accreditation referred to in Article 16, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act.In this case, the term "Article 16, paragraph (1), item (ii)" in Article 39, paragraph (2), item (iii) is deemed to be replaced with "Article 16, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2)."
(Notification of Changes in Matters Stated in Documents Attached to Written Applications of an Accredited Certification Body)
Article 44When there is any change in the matters set forth in Article 39, paragraph (2), items (ii) through (iv) (including cases where they are applied mutatis mutandis pursuant to the preceding Article), an accredited certification body must submit a written notification in accordance with Appended Form 3 to the Minister of Agriculture, Forestry and Fisheries through the Center without delay.
(Notification of Succession to the Position of the Accredited Certification Body)
Article 45A person who intends to file a notification under Article 18, paragraph (2) of the Act must submit a written notification in accordance with Appended Form 4, attaching a certificate of registered information or any other document proving the succession to the position of the accredited certification body, to the Minister of Agriculture, Forestry and Fisheries through the Center.
(Criteria for Methods of Certification of an Accredited Certification Body)
Article 46(1)The criteria provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 19, paragraph (2) of the Act are as follows:
(i)criteria for the method of undertaking the certification referred to in Article 10, paragraphs (1) through (3), Article 11, paragraph (1), Article 12, paragraph (1), Article 13, paragraph (1), Article 30, paragraphs (1) through (3), Article 31, paragraph (1), and Article 33, paragraph (1) of the Act:
(a)when performing the certification, the following matters are confirmed by carrying out an examination of documents and a site inspection (if capabilities of individuals are to be certified, an examination of documents and test of capabilities), and observing the results thereof on whether the matters set forth in the respective items of Article 29 (including as applied mutatis mutandis pursuant to Article 55), the respective items of Article 33 (including as applied mutatis mutandis pursuant to Article 56), the respective items of Article 36 or of Article 38-3 (including as applied mutatis mutandis pursuant to Article 58-3) pertaining to the application for the certification (hereinafter referred to as the "certification matters" in this paragraph) comply with the technical criteria for the certification provided by the Minister of Agriculture, Forestry and Fisheries pursuant to Article 29 (including as applied mutatis mutandis pursuant to Article 55), Article 33 (including as applied mutatis mutandis pursuant to Article 56), Article 36 or Article 38-3 (including as applied mutatis mutandis pursuant to Article 58-3) that relate to the person who submitted that application (hereinafter referred to as the "applicant" in this item) (hereinafter simply referred to as the "technical criteria for certification" in this paragraph);
(b)if the applicant is a product handler or an overseas product handler (meaning the overseas product handler prescribed in Article 16, paragraph (1), item (ii) of the Act; the same applies hereinafter) of agricultural and forestry products (limited to those for which Japanese Agricultural Standards relating to the criteria set forth in Article 2, paragraph (2), item (i), (a) of the Act have been prescribed), it is confirmed that an agricultural and forestry product which that applicant intends to handle and which represents the manufacturing process of the type of agricultural and forestry product relating to the relevant application (limited to that randomly chosen) complies with the Japanese Agricultural Standard relating to that type of agricultural and forestry product, using the method of testing, etc. provided in the Japanese Agricultural Standard, and based on the results thereof, necessary measures, such as carrying out the confirmation referred to in (a) again, are taken;
(c)the applicant (for a corporation, the applicant or its executive officers; and for an association or foundation without legal personality which has a designated representative or custodian, the applicant or its representative or custodian) is not to be certified if falling under any of the following cases:
1.a person that has been sentenced to a fine or heavier punishment for violating the provisions of Article 10, paragraph (6) or (7) of the Act (including as applied mutatis mutandis pursuant to Article 30, paragraph (5) of the Act), or Article 37 or Article 38 of the Act, violating the order to remove or delete a grade label or a compliance label under Article 39 of the Act, or failing to report or submit materials pursuant to the provisions of Article 65, paragraph (2) of the Act, or making a false report or submitting false materials, or refusing, interfering with, or evading the inspection under the same paragraph or Article 66, paragraph (2) of the Act, or failing to answer or giving a false answer to the inquiry thereunder, and one year has not passed since the day on which that person finished serving the sentence or ceased to be subject to its enforcement;
2.a person whose certification referred to in Article 10, paragraphs (1) through (3), Article 11, paragraph (1), Article 12, paragraph (1), Article 13, paragraph (1), Article 30, paragraphs (1) through (3), Article 31, paragraph (1), or Article 33, paragraph (1) of the Act has been cancelled, and one year has not passed since the date of the cancellation; or
3.a person who was an executive officer (for an association or foundation without legal personality which has a designated representative or custodian, its representative or custodian) of the person (limited to a corporation, or an association or foundation without legal personality which has a designated representative or custodian) relating to the cancellation of the certification referred to in Article 10, paragraphs (1) through (3), Article 11, paragraph (1), Article 12, paragraph (1), Article 13, paragraph (1), Article 30, paragraphs (1) through (3), Article 31, paragraph (1), or Article 33, paragraph (1) of the Act within thirty days prior to the date of cancellation, and one year has not passed since the date of cancellation;
(d)when the certification is carried out, appropriate conditions, including the following matters, are to be attached:
1.the certified business operator (meaning a certified quality product handler (meaning the certified quality product handler prescribed in Article 10, paragraph (5) of the Act; the same applies hereinafter), certified production process manager (meaning the certified production process manager prescribed in the same paragraph; the same applies hereinafter), certified distribution process manager (meaning the certified distribution process manager prescribed in the same paragraph; the same applies hereinafter), certified re-packer (meaning the certified re-packer prescribed in Article 37, paragraph (1), item (iv) of the Act; the same applies hereinafter), certified importer (meaning the certified importer prescribed in Article 37, paragraph (1), item (v) of the Act; the same applies hereinafter), certified method product handler (meaning the certified method product handler prescribed in Article 38, paragraph (1), item (i) of the Act; the same applies hereinafter), certified quality overseas product handler (meaning the certified quality overseas product handler prescribed in Article 30, paragraph (5) of the Act; the same applies hereinafter), certified overseas production process manager (meaning the certified overseas production process manager prescribed in Article 30, paragraph (5) of the Act; the same applies hereinafter), certified overseas distribution process manager (meaning the certified overseas distribution process manager prescribed in Article 30, paragraph (4) of the Act; the same applies hereinafter), certified overseas re-packer (meaning the certified overseas re-packer prescribed in Article 32 of the Act; the same applies hereinafter), or certified method overseas product handler (meaning the certified method overseas product handler prescribed in Article 38, paragraph (1), item (ii) of the Act; the same applies hereinafter); hereinafter the same applies in this paragraph) is to maintain the certification matters to ensure that they comply with the technical criteria for the certification;
2.the certified business operator complies with the provisions of Article 10, paragraphs (6) and (7), Article 37, and Article 38 of the Act;
3.the certified business operator must not violate the order of the Minister of Agriculture, Forestry and Fisheries under the provisions of Article 39 of the Act, or fail to report or submit materials under the provisions of Article 65, paragraph (2) of the Act, or make a false report or submit false materials, refuse, interfere with, or evade the inspection under the same paragraph or Article 66, paragraph (2) of the Act, or fail to answer or give a false answer to the inquiry thereunder;
4.if the certified business operator intends to change its name, address or certification matters, or to the operations regarding grading (for a certified re-packer, certified importer, or certified overseas re-packer, the operations regarding grade labeling; hereinafter the same applies in this paragraph and paragraph (3) of the following Article) or the operations regarding compliance labeling, the business operator is to notify the accredited certification body to that effect in advance;
5.if the certified business operator provides other persons with information that it has obtained certification, it avoids the risk of causing a misunderstanding that it has obtained a certification as an accredited certification body for an agricultural and forestry product or for the method of handling, etc. of agricultural and forestry products other than the type of agricultural and forestry product relating to the relevant certification or the division of the method of handling, etc. of agricultural and forestry products relating to the certification, or of causing a misunderstanding of the content of evaluation for the certification performed by the accredited certification body or those of other certification operations;
6.if the certified business operator provides other persons with information that it has obtained certification, it must not do so for any purpose other than to indicate the type of agricultural and forestry product relating to the relevant certification or the division of the method of handling, etc. of agricultural and forestry products relating to the certification complies with the Japanese Agricultural Standards for that type of agricultural and forestry product or that division of method of handling, etc. of agricultural and forestry products;
7.if the accredited certification body finds that the certified business operator is violating the condition referred to in 5 or 6, and demands it to improve the means of providing information or discontinue the provision of information, the certified business operator is to meet the demand;
8.beyond what is provided for in 5 and 6, if the certified business operator provides other persons with information on its certification, or grading, grade labeling, or compliance labeling, it is to endeavor to avoid the risk of causing a misunderstanding that it has obtained a certification of an accredited certification body for an agricultural and forestry product other than the type of agricultural and forestry product relating to the certification or for method of handling, etc. of agricultural and forestry products other than the division of method relating to the certification, or of causing a misunderstanding of the content of evaluation for the certification performed by the accredited certification body or those of other certification operations;
9.the certified business operator is to cooperate in the inspection that the accredited certification body carries out on a regular or as-needed basis to verify compliance with the condition referred to in 1;
10.by the end of June of each year, the certified business operator is to report its grading results (for a certified re-packer, certified importer or certified overseas re-packer, its grade labeling results; and for a certified production process manager or certified overseas production process manager of organic agricultural products, organic feeds, or organic livestock products, its grading results and the area of the farm relating to the certification) or results of compliance labeling for the previous fiscal year to the accredited certification body;
11.the certified business operator is to keep records of grading (for a certified re-packer, certified importer or certified overseas re-packer, grade labeling; hereinafter the same applies in this 11) it has conducted for the period provided in the following sub-items in accordance with the cases set forth respectively in those items:
i.if the period from the grading date of the agricultural and forestry product relating to the grading to its expiration date (meaning the expiration date prescribed in Article 2, item (vii) of the Food Labeling Standards (Cabinet Office Order No. 10 of 2015); hereinafter the same applies in this i and ii) or best before date (meaning the best before date prescribed in Article 2, item (viii) of the Food Labeling Standards; hereinafter the same applies in this i and ii) (if no expiration date or best before date is provided for that agricultural and forestry product, the period normally expected to be required from its shipment to its consumption; hereinafter the same applies in ii) is one year or more (excluding cases falling under the case set forth in iii):the period from the grading date of that agricultural and forestry product to its expiration date or best before date (if no expiration date or best before date is provided for that agricultural and forestry product, three years from the date of its shipment);
ii.if the period from the grading date of agricultural and forestry product to its expiration date or best before date is less than one year (excluding cases falling under the case set forth in iii):one year from the grading date of that agricultural and forestry product (if no expiration date or best before date is provided for that agricultural and forestry product, one year from the date of its shipment); or
iii.if the grading is carried out for beef with production details, pork with production details, agricultural products with production details, cultivated fish with production details, or aquaculture products by artificial seedling production techniques:the period separately provided by the Minister of Agriculture, Forestry and Fisheries;
12.if it is necessary to confirm whether the certified business operator complies with the conditions set forth in 1 through 11, the accredited certification body may have the certified business operator submit necessary reports or books, documents, or other materials on its operations, or have employees of the accredited certification body enter the farm, factory, office, place of business, warehouse, or other relevant places and inspect the grading, the grade label or compliance label, the advertisements or indications regarding the agricultural and forestry products, the agricultural and forestry products, their ingredients, its books, documents, and other materials, or question workers or other relevant persons;
13.if the certified business operator violates any of the conditions set forth in 1 through 11, or fails to make a report referred to in 12 or makes a false report, or refuses, interferes with, or evades the inspection referred to in 12, the accredited certification body may cancel the certification, or demand that the certified business operator suspend its operations regarding grading or compliance labeling, shipment of the agricultural and forestry products to which the grade label is affixed, or use of the advertisement, etc. (meaning the advertisement, etc. prescribed in Article 13, paragraph (1) of the Act; the same applies hereinafter) to which the compliance label is affixed, or remove or delete the grade label or the compliance label that the accredited certification body finds to be inappropriate;
14.if the certified business operator fails to meet the demand under 13, the accredited certification body is to cancel the certification;
15.the accredited certification body is to publicize the name and address of the certified business operator, the type of agricultural and forestry product or the division of method of handling, etc. of agricultural and forestry products relating to the certification, the name and location of the farm, factory, or place of business, or the distribution process relating to the certification, and the name and address of the product handler in that distribution process, and the date of the certification, and, if it makes the demand under 13 or cancels the certification, the date of that demand or cancellation and the reason therefor, and, if operations regarding grading or compliance labeling are discontinued, the date of discontinuation;
16.if its certification is cancelled, the certified business operator is to suspend shipment of the agricultural and forestry product to which the grade label pertaining to the certification is affixed or use of the advertisement, etc. to which the compliance label is affixed, and is to remove or delete the grade label or the compliance label that the accredited certification body finds to be inappropriate; and
17.if the certified business operator fails to suspend shipment of the agricultural and forestry product to which the grade label pertaining to the relevant certification is affixed or use of the advertisement, etc. to which the compliance label is affixed, and to remove or delete the grade label or the compliance label that the accredited certification body finds to be inappropriate even after a reasonable period of time has passed from the date of cancellation of the certification, the accredited certification body is to publicize that fact;
(e)beyond what is provided for in (a) through (d), certification is to be carried out through methods that comply with the criteria for organizations that perform certification, which are provided by the International Organization for Standardization and the International Electrotechnical Commission prescribed in Article 16, paragraph (1), item (i) of the Act and are provided for each type of agricultural and forestry product or for each division of method of handling, etc. of agricultural and forestry products by the Minister of Agriculture, Forestry and Fisheries;
(ii)criteria for the confirmation of certification matters:
(a)if a notice that a certified business operator intends to change the certification matters is received, to confirm without delay, that the certification matters after the change comply with the technical criteria for the certification;
(b)in addition to the case referred to in (a), if any change in the certification matters is recognized, to confirm without delay, that the certification matters after the change comply with the technical criteria for the certification;
(c)to confirm that the certification matters of a certified business operator comply with the technical criteria for the certification within the period provided for each type of agricultural and forestry product or for each division of method of handling, etc. agricultural and forestry products by the Minister of Agriculture, Forestry and Fisheries from the date of the certification of that certified business operator or the day on which it is confirmed that the certification matters of that certified business operator comply with the technical criteria for the certification (excluding the day on which the confirmation referred to in (a), (b) or (e) is made);
(d)the confirmation provided in (c) is to be made by giving prior notice to certified business operators, and in other cases, without giving prior notice to all or part of the certified business operators that has been certified by the relevant accredited certification body;
(e)beyond what is provided for in (a) through (d), if the fact that the certification matters of a certified business operator are not likely to comply with the technical criteria for the certification becomes known, to confirm without delay, that the certification matters of that business operator comply with the technical criteria therefor;
(f)the confirmations referred to in (a) through (e) are to be made by methods that comply with the criteria referred to in (a) and (b) of the preceding item; provided, however, that, as for the confirmation referred to in (a) or (b), if it is found that the certification matters of the relevant business operator comply with the technical criteria for the certification as a result of the documentary examination referred to in (a) of the same item, the site inspection (when capabilities of individuals are intended to be certified, the test of capabilities) referred to in (a) of the same item and the confirmation referred to in (b) of the same item may be omitted; and
(g)beyond what is provided for in (a) through (f), certification matters are to be confirmed by methods that comply with the criteria for organizations that perform certification, which are provided by the International Organization for Standardization and the International Electrotechnical Commission prescribed in Article 16, paragraph (1), item (i) of the Act and are provided for each type of agricultural and forestry product or for each division of method of handling, etc. of agricultural and forestry products by the Minister of Agriculture, Forestry and Fisheries;
(iii)criteria for the method of undertaking cancellation of the certification of a certified business operator and of undertaking other measures:
(a)if the certification matters of a certified business operator no longer comply with the technical criteria for the certification (excluding cases falling under (e), 1), or when it is highly likely that the matters will no longer comply with the criteria, to demand that the certified business operator take necessary measures to ensure compliance with the technical criteria for certification;
(b)if a certified business operator violates the provisions of Article 10, paragraph (6) or (7), Article 37, or Article 38 of the Act (excluding cases falling under (e), 2), to demand that the certified business operator suspend its operations regarding grading or compliance labeling and shipment of the agricultural and forestry product to which the grade label is affixed or use of the advertisement, etc. to which the compliance label is affixed, remove or delete that grade label or compliance label, and take necessary measures to improve the operations regarding grading or compliance labeling;
(c)if a certified business operator violates the condition referred to in item (i), (d), 5 or 6, to demand that the certified business operator improve the means of providing information or discontinue the provision of information;
(d)if the demand under (a) or (c) is made of a certified business operator, and the certified business operator is not likely to promptly take measures relating to that demand, to demand that the certified business operator suspend its operations regarding grading or compliance labeling (limited to those relating to that demand), and shipment of the agricultural and forestry product to which the grade label is affixed (limited to the type of agricultural and forestry product relating to that demand), or use of the advertisement, etc. to which the compliance label is affixed, until the certified business operator takes the relevant measures;
(e)the certification of a certified business operator is cancelled if the certified business operator falls under any of the following items:
1.the certification matters of a certified business operator no longer comply with the technical criteria for the certification, and are not likely to comply with the criteria in the future;
2.the certified business operator violates the provisions of Article 10, paragraph (6) or (7), Article 37, or Article 38 of the Act (excluding cases of minor violations), and that violation is caused by intentional or gross negligence by the certified business operator;
3.it is expected that the period required for the certified business operator to take measures relating to the demand under (a) or (c) will exceed one year;
4.the certified business operator fails to meet the demands under (b) or (d) without justifiable cause;
5.the certified business operator fails to report or submit materials referred to in item (i), (d), 12 or makes a false report or submits false materials, or refuses, interferes with, or evades the inspection referred to in (d), 12 of the same item, or fails to give or falsifies an answer to the inquiry referred to in (d), 12 of the same item, or refuses, interferes with, or evades a documentary examination, site inspection, or evaluation of capabilities for the confirmation referred to in (a) through (e) of the preceding item without justifiable cause; or
6.the Minister of Agriculture, Forestry and Fisheries demands that the accredited certification body cancel the certification of the certified business operator on the grounds that the certified business operator has violated the order under Article 39, paragraph (1) or (2) of the Act, or failed to report or submit materials under Article 65, paragraph (2) of the Act or made a false report or submitted false materials, or refused, interfered with, or evaded the inspection under the same paragraph or Article 66, paragraph (2) of the Act, or failed to answer or gave a false answer to the inquiry under those provisions without justifiable cause for doing so;
(f)beyond what is provided for in (a) through (d), if a certified business operator violates any of the conditions attached to its certification, the certified business operator is provided appropriate guidance and, if failing to follow that guidance, becomes subject to the cancellation of the certification or other appropriate measures;
(g)if the cancellation of the certification of a certified business operator is intended, the certified business operator is notified thereof and granted an opportunity for explanation; and
(h)beyond what is provided for in (a) through (g), the cancellation of the certification of a certified business operator and other measures are undertaken by the method that comply with the criteria for organizations that perform certification, which are provided by the International Organization for Standardization and the International Electrotechnical Commission prescribed in Article 16, paragraph (1), item (i) of the Act and are provided for each type of agricultural and forestry product or for each division of method of handling, etc. of agricultural and forestry products by the Minister of Agriculture, Forestry and Fisheries;
(iv)criteria for public announcement of the certification etc. of a certified business operator:
(a)if a business operator is certified as a certified business operator, the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in 3) (if there are any changes to these matters, the changed matters) are to be provided for public inspection at the office, and these matters (if there are any changes to these matters, the changed matters) are also to be provided over the Internet or other appropriate means without delay:
1.the name and address of the certified person;
2.the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products relating to the certification;
3.the name and location of the farm, factory, or place of business, or distribution process relating to the certification, and the name and address of the product handler in that distribution process;
4.the certification number pertaining to the certification; and
5.the date of the certification;
(b)if the demand under (b) or (d) of the preceding item is made of a certified business operator, the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in 3) (if there are any changes to these matters, the changed matters) are to be provided for public inspection at the office, and these matters (if there are any changes to these matters, the changed matters) are also provided over the Internet or other appropriate means without delay:
1.the name and address of the certified business operator relating to the demand;
2.the type of agricultural and forestry product and division of the method of handling, etc. of agricultural and forestry products relating to the demand (if the demand relates to all of the agricultural and forestry products or the methods of handling, etc. of agricultural and forestry products relating to the certification of the relevant certified business operator, that fact), and the fact of demanding the suspension of operations regarding grading or compliance labeling, the shipment of the agricultural and forestry product to which the grade label is affixed, or use of the advertisement, etc. to which the compliance label is affixed, or the removal or deletion of the grade label or the compliance label that the accredited certification body finds to be inappropriate;
3.the name and location of the farm, factory, or place of business, or distribution process relating to the demand, and the name and address of the product handler in that distribution process;
4.the certification number pertaining to the type of agricultural and forestry product or the division of the method of handling, etc. of agricultural and forestry products relating to the demand;
5.the date of the demand; and
6.the reason for the demand;
(c)if a certified business operator discontinues operations of grading or compliance labeling, the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in 3) are to be provided for public inspection at the office, and these matters are also to be provided over the Internet or other appropriate means without delay:
1.the name and address of the certified business operator relevant to the discontinuation;
2.the type of agricultural and forestry product or the division of the method of handling, etc. of agricultural and forestry products relevant to the discontinuation;
3.the name and location of the farm, factory, or place of business, or distribution process relevant to the discontinuation, and the name and address of the product handler in that distribution process;
4.the certification number pertaining to the certified business operator relevant to the discontinuation; and
5.the date of the discontinuation;
(d)with regard to a certification for the division of the method of handling, etc. of agricultural and forestry products for which an effective period of the certification is provided, when that effective period expires (excluding when the relevant certified business operator obtains a certification relating to that division again by the expiration date of that effective period), the following matters relating to the relevant certification are to be provided for public inspection at the office, and these matters are also to be provided over the Internet or other appropriate means without delay:
1.the name and address of the certified business operator;
2.the division of the method of handling, etc. of agricultural and forestry products;
3.the certification number pertaining to the certified business operator; and
4.the date of expiration of the effective period;
(e)if certification is cancelled, the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in 3) are to be provided for public inspection at the office, and these matters are also to be provided over the Internet or other appropriate means without delay:
1.the name and address of the certified business operator relevant to the cancellation;
2.the type of agricultural and forestry product or the division of the method of handling, etc. of agricultural and forestry products relevant to the cancelled certification;
3.the name and location of the farm, factory, or place of business, or distribution process relevant to the cancelled certification, and the name and address of the product handler in that distribution process;
4.the certification number pertaining to the cancelled certification;
5.the date of the cancellation; and
6.the reason for the cancellation;
(f)if a certified business operator relevant to cancellation fails to suspend shipment of the agricultural and forestry product to which the grade label pertaining to the relevant certification is affixed or use of the advertisement, etc. to which the compliance label is affixed, and to remove or delete the grade label or the compliance label that the accredited certification body finds to be inappropriate even after a reasonable period of time has passed from the date of cancellation of the certification, that fact is to be provided for public inspection at the office, and is also to be provided over the Internet or other appropriate means;
(g)the inspection and provision of the matters set forth in (a) through (f) is carried out during the period provided in the following in accordance with the divisions respectively set forth therein:
1.the inspection and provision of the matters set forth in (a):the period from the date of certification to the date the certified business operator discontinues its operations regarding grading or compliance labeling, the date the effective period of the certification pertaining to the certified business operator expires, or the date the certification of the certified business operator relating to the certification is cancelled;
2.the inspection and provision of the matters set forth in (b):the period of suspension of operations regarding grading, shipment of the agricultural and forestry product to which the grade label is affixed, or use of the advertisement, etc. to which the compliance label is affixed as prescribed in (b) or (d) of the preceding item, or the period from the date of the demand for removal or deletion of the grade label or the compliance label that the accredited certification body finds to be inappropriate to the date the removal or deletion was finished;
3.the inspection and provision of the matters set forth in (c) through (e):the period from the date the certified business operator discontinues its operations regarding grading or compliance labeling, the date the effective period of the certification expires, or the date the certification is cancelled to the day on which one year has passed from the date of discontinuation, expiration, or cancellation; and
4.the inspection and provision of the matters set forth in (f):the period from the date the inspection and provisions of the relevant matters are commenced to the day on which one year has passed from the date of commencement.
(v)if an accredited certification body is to issue a document proving that the grading pursuant to the Japanese Agricultural Standards has been carried out on an agricultural and forestry product in response to a request from a certified business operator or other persons who intend to export the agricultural and forestry product from Japan, the accredited certification body is to conduct the necessary evaluation related to the issuance.
(2)Notwithstanding the provisions of item (i), (a), (b), and (d), item (ii), (a) through (f), item (iii), (a) through (g), and item (iv) of the preceding paragraph, when performing certification or other certification operations related to product handlers or overseas product handlers of the agricultural and forestry products for which the method of inspection referred to in Article 30 (including as applied mutatis mutandis pursuant to Article 57) is provided and whose inspection is conducted individually (limited to that provided by the Minister of Agriculture, Forestry and Fisheries), an accredited certification body may perform the certification operations as provided for each type of agricultural and forestry product by the Minister of Agriculture, Forestry and Fisheries.
(Reports on Certification by an Accredited Certification Body)
Article 47(1)When performing the certification referred to in Article 10, paragraphs (1) through (3), Article 11, paragraph (1), Article 12, paragraph (1), Article 13, paragraph (1), Article 30, paragraphs (1) through (3), Article 31, paragraph (1), or Article 33, paragraph (1) of the Act (excluding the certification performed as provided by the Minister of Agriculture, Forestry and Fisheries referred to in paragraph (2) of the preceding Article; the same applies in paragraph (3)), an accredited certification body must submit a written report in accordance with Appended Form 5 stating the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in item (iv)) to the Minister of Agriculture, Forestry and Fisheries through the center without delay. The same applies when there are any changes to the matters reported.
(i)the name and address of the person relating to the certification;
(ii)information as to whether the person relating to the certification is a certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, certified quality overseas product handler, certified overseas production process manager, certified overseas distribution process manager, certified overseas re-packer, or certified method overseas product handler;
(iii)the type of agricultural and forestry product or the division of the method of handling, etc. of agricultural and forestry products relating to the certification;
(iv)the name and location of the farm, factory, or place of business, or distribution process relating to the certification, and the name and address of the product handler in that distribution process;
(v)the certification number pertaining to the certification; and
(vi)the date of the certification.
(2)When making the demand under paragraph (1), item (iii), (b) or (d) of the preceding Article, an accredited certification body must submit a written report in accordance with Appended Form 6 stating the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in item (iii)) to the Minister of Agriculture, Forestry and Fisheries through the center without delay. The same applies when there are any changes to the matters reported.
(i)the name and address of the person relevant to that demand;
(ii)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products relevant to that demand;
(iii)the name and location of the farm, factory, or place of business, or distribution process relevant to that demand, and the name and address of the product handler in that distribution process;
(iv)the certification number pertaining to the type of agricultural and forestry product or the division of the method of handling, etc. of agricultural and forestry products relevant to that demand;
(v)the date of that demand; and
(vi)the reason for that demand.
(3)When a certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, certified quality overseas product handler, certified overseas production process manager, certified overseas distribution process manager, certified overseas re-packer, or certified method overseas product handler (hereinafter collectively referred to as "certified business operators" in this Article) that has obtained the certification from an accredited certification body discontinues operations regarding grading or compliance labeling, the accredited certification body must submit a written report in accordance with Appended Form 7 stating the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in item (iii)) to the Minister of Agriculture, Forestry and Fisheries through the center without delay:
(i)the name and address of the person relevant to the discontinuation;
(ii)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products relevant to the discontinuation;
(iii)the name and location of the farm, factory, or place of business, or distribution process relevant to the discontinuation, and the name and address of the product handler in that distribution process;
(iv)the certification number pertaining to the certified business operator relevant to the discontinuation; and
(v)the date of the discontinuation.
(4)With regard to a certification for the division of the method of handling, etc. of agricultural and forestry products for which an effective period of the certification is provided, when that effective period expires (excluding when the certified business operator obtains a certification for that division again by the expiration date of that effective period), the accredited certification body must submit a written report in accordance with Appended Form 8 stating the following matters to the Minister of Agriculture, Forestry and Fisheries through the center without delay:
(i)the name and address of the person relating to the certification whose effective period has expired;
(ii)the division of the method of handling, etc. of agricultural and forestry products relating to the certification whose effective period has expired;
(iii)the certification number pertaining to the certification whose effective period has expired; and
(iv)the date of expiration of that effective period.
(5)When cancelling the certification of a certified business operator, an accredited certification body must submit a written report in accordance with Appended Form 8-2 stating the following matters (for a certified method product handler or a certified method overseas product handler, excluding those set forth in item (iii)) to the Minister of Agriculture, Forestry and Fisheries through the center without delay:
(i)the name and address of the person relevant to the cancellation;
(ii)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products relevant to the cancelled certification;
(iii)the name and location of the farm, factory, or place of business, or distribution process relevant to the cancelled certification, and the name and address of the product handler in that distribution process;
(iv)the certification number pertaining to the cancelled certification;
(v)the date of the cancellation; and
(vi)the reason for the cancellation.
(6)The name, address or other matters of a person who obtains the certification performed as provided by the Minister of Agriculture, Forestry and Fisheries referred to in paragraph (2) of the preceding Article are to be reported to the Minister of Agriculture, Forestry and Fisheries as separately provided by the Minister of Agriculture, Forestry and Fisheries.
(7)In the cases set forth in the respective items of Article 69, paragraph (1) of the Act, the accredited certification body is to report to that effect to the Minister of Agriculture, Forestry and Fisheries without delay.
(Notification of Change of Place of Business of an Accredited Certification Body)
Article 48An accredited certification body that intends to make the notification under Article 20, paragraph (1) of the Act must submit a written notification in accordance with Appended Form 9 to the Minister of Agriculture, Forestry and Fisheries through the center.
(Business Operating Rules of an Accredited Certification Body)
Article 49(1)An accredited certification body that intends to make the notification of business operating rules under the first sentence of Article 21, paragraph (1) of the Act must submit a written notification in accordance with Appended Form 10, attaching the business operating rules, to the Minister of Agriculture, Forestry and Fisheries through the center.
(2)The provisions of the preceding paragraph apply mutatis mutandis to the notification of change of business operating rules under the second sentence of Article 21, paragraph (1) of the Act.
(3)The matters as provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 21, paragraph (2) of the Act are as follows:
(i)the matters concerning the location of the place of business and the area within the location in which certification operations are performed;
(ii)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products for which certification is performed;
(iii)the matters concerning the hours during which certification operations are performed and the non-business days;
(iv)the matters concerning the methods of undertaking certification, the cancellation of certification, and other certification operations;
(v)the matters concerning the method of calculating charges and fees related to certification;
(vi)the matters concerning the organization that performs certification operations;
(vii)the matters concerning the duties and necessary capabilities of persons that perform certification operations;
(viii)the matters necessary for the fair undertaking of certification operations; and
(ix)other matters necessary for certification operations.
(Notification of Suspension or Discontinuation of Operations of an Accredited Certification Body)
Article 50An accredited certification body that intends to make the notification under Article 22, paragraph (1) of the Act must submit a written notification in accordance with Appended Form 11 to the Minister of Agriculture, Forestry and Fisheries through the center.
(Means of Indicating Matters Recorded in Electronic or Magnetic Records)
Article 51(1)The means provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 23, paragraph (2), item (iii) of the Act is that of indicating the matters recorded in electronic or magnetic records on paper or the screen of an output device.
(2)The electronic or magnetic means as provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 23, paragraph (2), item (iv) of the Act is either of the following means which the accredited certification body specifies:
(i)means of using an electronic data processing system that links the computer used by the sender and the computer used by the recipient via a telecommunications line and in which the information transmitted over the telecommunications line is recorded in a file that has been prepared on the computer used by the recipient; or
(ii)means of delivering the information recorded on a file prepared using a magnetic disk or any other equivalent medium on which certain information can be securely recorded.
(Books of Accredited Certification Bodies)
Article 52(1)An accredited certification body must keep books stating the matters set forth in the following paragraph for each type of agricultural and forestry product or for each division of the method of handling, etc. of agricultural and forestry products.
(2)The matters provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 27 of the Act are as follows (for a certified method product handler or a certified method overseas product handler, excluding those set forth in item (v)):
(i)the name and address of a person that has applied for certification;
(ii)information as to whether the person that has applied for certification is a product handler, production process manager, distribution process manager, re-packer, importer (meaning the importer prescribed in Article 12, paragraph (1) of the Act), overseas product handler, overseas production process manager, overseas distribution process manager, or overseas re-packer;
(iii)the date of acceptance of the application for certification;
(iv)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products relating to the application for certification;
(v)the name and location of the farm, factory, or place of business, or distribution process relating to the application for certification, and the name and address of the product handler in that distribution process;
(vi)the date of decision on whether to grant the certification;
(vii)the results of the decision referred to in the preceding item;
(viii)if a decision to grant certification is made, the certification number pertaining to the certification; and
(ix)the name of the person engaged in the certification.
(3)The books referred to in paragraph (1) must be kept for five years from the date on which the final entry was made.
(Application for Certification of an Overseas Product Handler Conducting Grading)
Article 53The provisions of Article 25 apply mutatis mutandis to the application for the certification referred to in Article 30, paragraph (1) of the Act.In this case, the term "accredited certification body" in Article 25 is deemed to be replaced with "accredited certification body or accredited overseas certification body."
(Application for Certification of an Overseas Production Process Manager)
Article 54The provisions of Article 28 apply mutatis mutandis to the application for the certification referred to in Article 30, paragraph (2) of the Act.In this case, the term "accredited certification body" in Article 28 is deemed to be replaced with "accredited certification body or accredited overseas certification body."
(Application for Certification of an Overseas Distribution Process Manager)
Article 54-2The provisions of Article 28-3 apply mutatis mutandis to the application for the certification referred to in Article 30, paragraph (3) of the Act.In this case, the term "accredited certification body" in Article 28-3 is deemed to be replaced with "accredited certification body or accredited overseas certification body."
(Technical Criteria for Certification of an Overseas Product Handler Conducting Grading)
Article 55The provisions of Article 29 apply mutatis mutandis to the certification referred to in Article 30, paragraphs (1) through (3) of the Act.
(Mutatis Mutandis Application to Certification of an Overseas Re-packer)
Article 56The provisions of Articles 32 and 33 apply mutatis mutandis to the certification referred to in Article 31 of the Act.In this case, the term "accredited certification body" in Article 32 is deemed to be replaced with "accredited certification body or accredited overseas certification body."
(Mutatis Mutandis Application to Method of Inspection of Agricultural and Forestry Products by an Overseas Product Handler Conducting Grading)
Article 57The provisions of Article 30 apply mutatis mutandis to the inspection referred to in Article 10, paragraph (4), item (i) of the Act as applied mutatis mutandis pursuant to Article 30, paragraph (5) of the Act, the provisions of Article 31 apply mutatis mutandis to the inspection referred to in Article 10, paragraph (4), item (ii) of the Act as applied mutatis mutandis pursuant to Article 30, paragraph (5) of the Act, and the provisions of Article 31-2 apply mutatis mutandis to the inspection referred to in Article 10, paragraph (4), item (iii) of the Act as applied mutatis mutandis pursuant to Article 30, paragraph (5) of the Act, respectively.
(Public Notification of a Certified Quality Overseas Product Handler)
Article 58(1)When receiving a report pursuant to Article 47, paragraph (1) (including as applied mutatis mutandis pursuant to Article 66), the Minister of Agriculture, Forestry and Fisheries must give public notification of the matters set forth in item (i) and items (iii) through (vi) of the same paragraph regarding the certified quality overseas product handler, certified overseas production process manager, certified overseas distribution process manager, certified overseas re-packer, or certified method overseas product handler relating to that report.
(2)When receiving a report pursuant to Article 47, paragraph (2) (including as applied mutatis mutandis pursuant to Article 66), the Minister of Agriculture, Forestry and Fisheries must give public notification of the matters set forth in the respective items of the same paragraph regarding the certified quality overseas product handler, certified overseas production process manager, certified overseas distribution process manager, certified overseas re-packer, or certified method overseas product handler relating to that report.
(3)When receiving a report pursuant to Article 47, paragraph (3) (including as applied mutatis mutandis pursuant to Article 66), the Minister of Agriculture, Forestry and Fisheries must give public notification of the matters set forth in the respective items of the same paragraph regarding the certified quality overseas product handler, certified overseas production process manager, certified overseas distribution process manager, certified overseas re-packer, or certified method overseas product handler relating to that report.
(4)When receiving a report pursuant to Article 47, paragraph (4) (including as applied mutatis mutandis pursuant to Article 66), the Minister of Agriculture, Forestry and Fisheries must give public notification of the matters set forth in the respective items of the same paragraph regarding the certified method overseas product handler relating to that report.
(5)When receiving a report pursuant to Article 47, paragraph (5) (including as applied mutatis mutandis pursuant to Article 66), the Minister of Agriculture, Forestry and Fisheries must give public notification of the matters set forth in the respective items of the same paragraph regarding the certified quality overseas product handler, certified overseas production process manager, certified overseas distribution process manager, certified overseas re-packer, or certified method overseas product handler relating to that report.
(6)The public notice of matters regarding the report under Article 47, paragraph (6) (including as applied mutatis mutandis pursuant to Article 66) is to be as separately provided by the Minister of Agriculture, Forestry and Fisheries.
(Application for Certification of an Overseas Product Handler to Affix Compliance Label)
Article 58-2The provisions of Article 38-2 apply mutatis mutandis to the application for the certification referred to in Article 33, paragraph (1) of the Act.In this case, the term "accredited certification body" in Article 38-2 is deemed to be replaced with "accredited certification body or accredited overseas certification body."
(Technical Criteria for Certification of an Overseas Product Handler to Affix Compliance Label)
Article 58-3The provisions of Article 38-3 apply mutatis mutandis to the certification referred to in Article 33, paragraph (1) of the Act.
(Mutatis Mutandis Application to Accreditation of Accredited Overseas Certification Body)
Article 59The provisions of Article 39 apply mutatis mutandis to the application for accreditation referred to in Article 34 of the Act, the provisions of Article 40 apply mutatis mutandis to the division as provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 34 of the Act, and the provisions of Article 41 apply mutatis mutandis to the accreditation referred to in Article 16, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 36 of the Act, respectively.In this case, the term "Article 16, paragraph (1), item (ii)" in Article 39, paragraph (2), item (iii) is deemed to be replaced with "Article 16, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 36."
(Details for Calculating the Amount of Travel Expenses for Accreditation of an Accredited Overseas Certification Body)
Article 60The calculation of the amount of travel expenses under Article 6, paragraph (5) of the Order is to be as set forth below:
(i)the location of the office where the official who makes a business trip for the purpose of conducting an investigation for the accreditation works referred to in Article 2, paragraph (1), item (vi) of the Act on Travel Expenses of National Public Officers, etc. (Act No. 114 of 1950; hereinafter referred to as the "Travel Expenses Act") is to be 1-2-1 Kasumigaseki, Chiyoda-ku, Tokyo, Japan;
(ii)the preparation fee referred to in Article 6, paragraph (1) of the Travel Expenses Act is not to be included in the amount equivalent to travel expenses;
(iii)the number of days during which an investigation for the accreditation is conducted is the number of days which the Minister of Agriculture, Forestry and Fisheries finds necessary within a period not exceeding five days;
(iv)the travel miscellaneous expenses referred to in Article 6, paragraph (1) of the Travel Expenses Act are to be 10,000 yen; and
(v)if the Minister of Agriculture, Forestry and Fisheries makes the adjustment of travel expenses under Article 46, paragraph (1) of the Travel Expenses Act, the amount equivalent to the portion not paid as a result of that adjustment is not to be included.
(Details for Calculating the Amount of Travel Expenses for Inspections at Offices of an Accredited Overseas Certification Body)
Article 61The provisions of the preceding Article apply mutatis mutandis to the calculation of the amount of travel expenses under Article 7 of the Order.In this case, the term "an investigation for the accreditation" in item (i) of the preceding Article is deemed to be replaced with "the inspection", and the term "an investigation for the accreditation" in item (iii) of the same Article is deemed to be replaced with "the inspection."
(Mutatis Mutandis Application to Renewal of Accreditation of an Accredited Overseas Certification Body)
Article 62The provisions of Article 39 apply mutatis mutandis to the application for renewal of the accreditation referred to in Article 14, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 36 of the Act; and the provisions of Article 40 apply mutatis mutandis to the division as provided in Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 14, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 36 of the Act; and the provisions of Article 41 apply mutatis mutandis to the renewal of the accreditation referred to in Article 16, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 36 of the Act; and the provisions of Article 60 apply mutatis mutandis to the calculation of the amount of travel expenses referred to in Article 6, paragraph (5) of the Order as applied mutatis mutandis pursuant to Article 9, paragraph (4) of the Order, respectively.In this case, the term "Article 16, paragraph (1), item (ii)" in Article 39, paragraph (2),item (iii) is deemed to be replaced with "Article 16, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 17, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 36," and the term "accreditation" in Article 60, items (i) and (iii) is deemed to be replaced with "renewal of the accreditation."
(Notification of Changes to Matters Stated in Documents Attached to Written Applications of an Accredited Overseas Certification Body)
Article 63The provisions of Article 44 apply mutatis mutandis to changes in the matters stated in a document attached to a written application of an accredited overseas certification body.In this case, the term "Article 39, paragraph (2), items (ii) through (iv)" in the same Article is deemed to be replaced with "Article 39, paragraph (2), items (ii) through (iv) as applied mutatis mutandis pursuant to Article 59," and the term "(including cases where they are applied mutatis mutandis pursuant to the preceding Article)" is deemed to be replaced with", or Article 39, paragraph (2), items (ii) through (iv) as applied mutatis mutandis pursuant to Article 62."
(Notification of Succession to the Position of an Accredited Overseas Certification Body)
Article 64The provisions of Article 45 apply mutatis mutandis to the notification under Article 18, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act.
(Criteria for Method of Certification Operations of an Accredited Overseas Certification Body)
Article 65The provisions of Article 46 (excluding paragraph (1), item (v)) apply mutatis mutandis to the criteria provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 19, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act.In this case, the term "Article 10, paragraphs (1) through (3), Article 11, paragraph (1), Article 12, paragraph (1), Article 30" in Article 46, paragraph (1), item (i) is deemed to be replaced with "Article 30"; and the term ", and Article 38" in (d), 2 of the same item is deemed to be replaced with ", Article 38 of the Act, and the provisions of Article 10, paragraphs (6) and (7) of the Act as applied mutatis mutandis pursuant to Article 30, paragraph (5)"; and, the term "Article 39" in (d), 3 of the same item is deemed to be replaced with "Article 39, paragraphs (1) through (3) of the Act as applied mutatis mutandis pursuant to Article 39, paragraph (4)," and the term "violate the order (...), or fail to report or submit materials pursuant to the provisions of Article 65, paragraph (2) of the Act or make a false report or submit false materials, refuse, interfere with, or evade the inspection under the same paragraph or Article 66, paragraph (2) of the Act, or fail to answer or give a false answer to the inquiry thereunder" is deemed to be replaced with "refuse the demand (...)"; and the term ", or Article 38" in item (iii), (b) and (e), 2 of the same paragraph is deemed to be replaced with ", Article 38 of the Act, or the provisions of Article 10, paragraph (6) or (7) of the Act, as applied mutatis mutandis pursuant to Article 30, paragraph (5)"; and the term "violates the order under Article 39, paragraph (1) or (2) of the Act, or fails to report or submit materials under Article 65, paragraph (2) of the Act or makes a false report or submits false materials, or refuses, interferes with, or evades the inspection under the same paragraph or Article 66, paragraph (2) of the Act, or fails to answer or give a false answer to the inquiry thereunder" in (e), 6 of the same item is deemed to be replaced with "fails to meet the demand under Article 39, paragraph (1) or (2) of the Act as applied mutatis mutandis pursuant to Article 39, paragraph (4) of the Act."
(Reports on Certification by an Accredited Overseas Certification Body)
Article 66The provisions of Article 47 apply mutatis mutandis to the report under Article 19, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act.In this case, the term "paragraph (2) of the preceding Article" in Article 47, paragraph (1) is deemed to be replaced with "Article 46, paragraph (2) as applied mutatis mutandis pursuant to Article 65," and the term "paragraph (1), item (iii), (d) of the preceding Article" in paragraph (2) of the same Article is deemed to be replaced with "Article 46, paragraph (1), item (iii), (d) as applied mutatis mutandis pursuant to Article 65," and the term "paragraph (2) of the preceding Article" in paragraph (6) of the same Article is deemed to be replaced with "Article 46, paragraph (2) as applied mutatis mutandis pursuant to Article 65."
(Notification of Changes to the Place of Business of an Accredited Overseas Certification Body)
Article 67The provisions of Article 48 apply mutatis mutandis to the notification under Article 20, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act.
(Business Operating Rules of an Accredited Overseas Certification Body)
Article 68The provisions of Article 49, paragraphs (1) and (2) apply mutatis mutandis to the notification under Article 21, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act, and the provisions of Article 49, paragraph (3) apply mutatis mutandis to the matters as provided by Order of the Ministry of Agriculture, Forestry and Fisheries under Article 21, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act, respectively.
(Notification of Suspension or Discontinuation of Operations of an Accredited Overseas Certification Body)
Article 69The provisions of Article 50 apply mutatis mutandis to the notification under Article 22, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act.
(Means of Indicating Matters Recorded in Electronic or Magnetic Records)
Article 70The provisions of Article 51, paragraph (1) apply mutatis mutandis to the means provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 23, paragraph (2), item (iii) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act, and the provisions of Article 51, paragraph (2) apply mutatis mutandis to the electronic or magnetic means as provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 23, paragraph (2), item (iv) of the Act as applied mutatis mutandis pursuant to Article 36 of the Act, respectively.
(Books of Accredited Overseas Certification Bodies)
Article 71The provisions of Article 52 apply mutatis mutandis to entries in the books under Article 27 of the Act as applied mutatis mutandis pursuant to Article 36 of the Act.
(Agricultural and Forestry Products from Which Grade Labels Are Removed)
Article 72The agricultural and forestry product provided by Order of Ministry of Agriculture, Forestry and Fisheries referred to in Article 41, paragraph (1) of the Act is as set forth in the left column of the following table, and the grounds provided by Order of Ministry of Agriculture, Forestry and Fisheries referred to in the same paragraph is as set forth in the right column of the same table for the relevant agricultural and forestry product.
Organic products of plant origin
(i) use or mixing of chemicals, additives, or other substances other than those specified by the Minister of Agriculture, Forestry and Fisheries (if the relevant organic product of plant origin is an agricultural and forestry product produced in a foreign country (limited to one to which the certificate or its copy prescribed in Article 12, paragraph (1) of the Act is attached; hereinafter referred to as a "foreign agricultural and forestry product"), those whose use is permitted in the grading system of the foreign country); or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Organic processed foods
(i) use or mixing of chemicals, additives, or other substances other than those specified by the Minister of Agriculture, Forestry and Fisheries (if the relevant organic processed food is a foreign agricultural and forestry product, those whose use is permitted in the grading system of the foreign country); or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Organic feeds
(i) use or mixing of chemicals, additives, or other substances other than those specified by the Minister of Agriculture, Forestry and Fisheries; or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Organic livestock products
(i) use or mixing of chemicals, additives, or other substances other than those specified by the Minister of Agriculture, Forestry and Fisheries (if the relevant organic livestock product is a foreign agricultural and forestry product, those whose use is permitted in the grading system of the foreign country); or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Organic algae
(i) use or mixing of chemicals, additives, or other substances other than those specified by the Minister of Agriculture, Forestry and Fisheries; or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Beef with production details
(i) withdrawal of release of production details ;
(ii) uncertainty as to whether the released production details are those relating to the relevant beef with production details;
(iii) discrepancy between the released production details and facts; or
(iv) mixing with any agricultural and forestry products other than those set forth in the left column.
Pork with production details
(i) withdrawal of release of production details;
(ii) uncertainty as to whether the released production details are those relating to the relevant pork with production details;
(iii) discrepancy between the released production details and facts; or
(iv) mixing with any agricultural and forestry products other than those set forth in the left column.
Agricultural products with production details
(i) withdrawal of release of production details (for an agricultural product with production details for which the reduction ratio of chemically synthesized agricultural chemicals or that of chemical fertilizers calculated as specified by the Minister of Agriculture, Forestry and Fisheries is released in addition to the production details, including that reduction ratio of chemically synthesized agricultural chemicals or chemical fertilizers; hereinafter the same applies in this paragraph);
(ii) uncertainty as to whether the released production details are those relating to the relevant agricultural product with production details;
(iii) discrepancy between the released production details and facts; or
(iv) mixing with any agricultural and forestry products other than those set forth in the left column.
Cultivated fish with production details
(i) withdrawal of release of production details;
(ii) uncertainty as to whether the released production details are those relating to the relevant cultivated fish with production details;
(iii) discrepancy between the released production details and facts; or
(iv) mixing with any agricultural and forestry products other than those set forth in the left column.
Aquaculture products by artificial seedling production techniques
(i) loss of traceability of the production history information relating to the relevant agricultural and forestry product; or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Foods produced with the participation of persons with disabilities
(i) uncertainty as to the main production processes engaged in by persons with disabilities; or
(ii) mixing with any agricultural and forestry products other than those set forth in the left column.
Other agricultural and forestry products
mixing with a type of agricultural and forestry product other than that of the relevant agricultural and forestry product which has been graded.
(Application for Accreditation of an Accredited Testing Business Operator)
Article 72-2The application for the accreditation referred to in Article 42 of the Act is to be made to the Minister of Agriculture, Forestry and Fisheries.
(Matters to be Stated in Testing Certificates)
Article 72-3The matters provided by Order of Ministry of Agriculture, Forestry and Fisheries referred to in Article 42 of the Act are as follows:
(i)the issuance number, page and issuance date of the certificate;
(ii)the name and address of the testing business operator (meaning the testing business operator prescribed in Article 42 of the Act; the same applies hereinafter) that issues the certificate, as well as the title or name of the officer or employee who executes the operations of issuing the certificate;
(iii)the name and address of the person requesting testing, etc.;
(iv)the type, identification, features, and conditions of the agricultural and forestry product for which testing, etc. is conducted;
(v)the date of testing, etc., and results thereof and information incidental to the results;
(vi)if the agricultural and forestry product for which testing, etc. is conducted has a high probability of causing any change in its characteristics with the passage of time from its receipt to the issuance of a certificate and affecting the results of the testing, etc., the date of receipt of that agricultural and forestry product and the date of sampling;
(vii)if the method of sampling has a high probability of affecting the appropriateness or application of the results of testing, etc., a sampling plan and sampling methods concerning the agricultural and forestry product for which the testing, etc. is conducted; and
(viii)method of testing, etc. and name of the Japanese Agricultural Standard specifying that method of testing, etc.
(Accredited Symbol)
Article 72-4The symbol provided by Order of Ministry of Agriculture, Forestry and Fisheries referred to in Article 42 of the Act is as follows:
(i)the matters to be indicated are those referring to the fact that the relevant laboratory (meaning the laboratory prescribed in Article 44, paragraph (1) of the Act; the same applies hereinafter) is a place where testing, etc. is conducted pursuant to Japanese Agricultural Standards, and its form is provided by the Minister of Agriculture, Forestry and Fisheries in public notice for the criteria regarding laboratories, which are provided by the International Organization for Standardization and the International Electrotechnical Commission prescribed in the same paragraph and are provided for each division of the method of testing, etc.;
(ii)the method of labeling is provided for each division of the method of testing, etc. by the Minister of Agriculture, Forestry and Fisheries in public notice.
(Accreditation of an Accredited Testing Business Operator)
Article 72-5(1)The application for the accreditation referred to in Article 43, paragraph (1) of the Act must be made by submitting a written application in accordance with Appended Form 12 to which revenue stamps for an amount corresponding to the amount of the application fee are affixed to the Minister of Agriculture, Forestry and Fisheries.
(2)The following documents must be attached to the written application referred to in the preceding paragraph:
(i)a certificate of registered information or a document equivalent thereto;
(ii)a document stating the following matters:
(a)if operations other than those regarding testing, etc. are performed, matters concerning the entire organization; and
(b)the number, performance, and location of the apparatus, machinery, or equipment to be used for operations regarding testing, etc., and information as to whether the apparatus, machinery, or equipment is owned or leased;
(c)the outline of the facilities where operations regarding testing, etc. are performed;
(d)the matters concerning the organization that performs operations regarding testing, etc.; and
(e)the matters concerning the method of carrying out operations regarding testing, etc.
(3)The written application referred to in paragraph (1) is to be submitted through the center.
(Division of Accreditation of a Testing Business Operator)
Article 72-6The divisions as provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 43, paragraph (1) of the Act are as follows:
(i)method of testing, etc. regarding food and drinks;
(ii)method of testing, etc. regarding timber or bamboo materials; and
(iii)method of testing, etc. regarding agricultural and forestry products other than food and drinks, and timber and bamboo materials.
(Recording in the Accreditation Directory of Accredited Testing Business Operators)
Article 72-7The accreditation referred to in Article 44, paragraph (1) of the Act is implemented by making a record in the accreditation directory of accredited testing business operators in accordance with Appended Form 13.
(Mutatis Mutandis Application to Renewal of Accreditation of an Accredited Testing Business Operator)
Article 72-8The provisions of Article 72-5 apply mutatis mutandis to the application for renewal of the accreditation referred to in Article 43, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 45, paragraph (2) of the Act, and the provisions of Article 72-6 apply mutatis mutandis to the divisions as provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 43, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 45, paragraph (2) of the Act, and the provisions of the preceding Article apply mutatis mutandis to the renewal of the accreditation referred to in Article 44, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 45, paragraph (2) of the Act, respectively.
(Notification of Changes to Matters Stated in Documents Attached to Written Applications of an Accredited Testing Business Operator)
Article 72-9When there are any changes to the matters set forth in Article 72-5, paragraph (2), item (ii) (excluding (a) and (d)) (including as applied mutatis mutandis pursuant to the preceding Article), an accredited testing business operator (meaning the accredited testing business operator prescribed in Article 44, paragraph (2), item (ii) of the Act; the same applies hereinafter) must submit a written notification in accordance with Appended Form 14 to the Minister of Agriculture, Forestry and Fisheries through the center without delay.
(Notification of Succession to the Position of an Accredited Testing Business Operator)
Article 72-10A person that intends to make the notification under Article 46, paragraph (2) of the Act must submit a written notification in accordance with Appended Form 15, attaching a certificate of registered information or other documents proving the succession to the position of the accredited testing business operation, to the Minister of Agriculture, Forestry and Fisheries through the center.
(Notification of Change to the Testing Business Laboratory)
Article 72-11An accredited testing business operator that intends to make the notification under Article 47, paragraph (1) of the Act must submit a written notification in accordance with Appended Form 16 to the Minister of Agriculture, Forestry and Fisheries through the center.
(Notification of Suspension or Discontinuation of Operations of a Testing Business Operator)
Article 72-12An accredited testing business operator that intends to make the notification under Article 48, paragraph (1) of the Act must submit a written notification in accordance with Appended Form 17 to the Minister of Agriculture, Forestry and Fisheries through the center.
(Mutatis Mutandis Application to Accreditation of an Accredited Overseas Testing Business Operator)
Article 72-13The provisions of Articles 72-2 through 72-5 apply mutatis mutandis to the application for the accreditation referred to in Article 54 of the Act, the provisions of Article 72-6 apply mutatis mutandis to the divisions as provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 54 of the Act, and the provisions of Article 72-7 apply mutatis mutandis to the accreditation referred to in Article 44 of the Act as applied mutatis mutandis pursuant to Article 56 of the Act, respectively.
(Details for Calculation of Amount of Travel Expenses for Accreditation of an Accredited Overseas Testing Business Operator)
Article 72-14The calculation of the amount of travel expenses under Article 6, paragraph (5) of the Order as applied mutatis mutandis pursuant to Article 13, paragraph (5) of the Order is to be as set forth below:
(i)the location of the office where the official who makes a business trip for the purpose of conducting an investigation for the accreditation works referred to in Article 2, paragraph (1), item (vi) of the Travel Expenses Act is to be 1-2-1 Kasumigaseki, Chiyoda-ku, Tokyo, Japan;
(ii)the preparation fee referred to in Article 6, paragraph (1) of the Travel Expenses Act is not to be included in the amount equivalent to travel expenses;
(iii)the number of days during which an investigation for the accreditation is conducted is to be the number of days which the Minister of Agriculture, Forestry and Fisheries finds necessary within a period not exceeding five days;
(iv)the travel miscellaneous expenses referred to in Article 6, paragraph (1) of the Travel Expenses Act are to be 10,000 yen; and
(v)if the Minister of Agriculture, Forestry and Fisheries makes the adjustment of travel expenses under Article 46, paragraph (1) of the Travel Expenses Act, the amount equivalent to the portion not paid as a result of that adjustment is not to be included.
(Details for Calculating the Amount of Travel Expenses for Inspections at Offices of an Accredited Overseas Testing Business Operator)
Article 72-15The provisions of the preceding Article apply mutatis mutandis to the calculation of the amount of travel expenses under Article 14 of the Order.In this case, the term "an investigation for the accreditation" in items (i) and (iii) of the preceding Article is deemed to be replaced with "the inspection."
(Mutatis Mutandis Application to Renewal of Accreditation of an Accredited Overseas Testing Business Operator)
Article 72-16The provisions of Article 72-5 apply mutatis mutandis to the application for renewal of accreditation referred to in Article 43, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 45, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 56 of the Act; and the provisions of Article 72-6 apply mutatis mutandis to the divisions as provided by Order of Ministry of Agriculture, Forestry and Fisheries referred to in Article 43, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 45, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 56 of the Act; and the provisions of Article 72-7 apply mutatis mutandis to the renewal of the accreditation referred to in Article 44, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 45, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 56 of the Act; respectively.
(Notification of Changes to Matters Stated in Documents Attached to Written Applications of an Accredited Overseas Testing Business Operator)
Article 72-17The provisions of Article 72-9 apply mutatis mutandis to changes in the matters stated in the document attached to a written application of an accredited overseas testing business operator (meaning the accredited overseas testing business operator prescribed in Article 55, paragraph (1) of the Act).In this case, the term "Article 72-5, paragraph (2), item (ii) (excluding (a) and (d)) (including as applied mutatis mutandis pursuant to the preceding Article)" in Article 72-9 is deemed to be replaced with "Article 72-5, paragraph (2), item (ii) (excluding (a) and (d)) as applied mutatis mutandis pursuant to Article 72-13, or the same item (excluding (a) and (d)) as applied mutatis mutandis pursuant to Article 72-16."
(Notification of Succession to the Position of an Accredited Overseas Testing Business Operator)
Article 72-18The provisions of Article 72-10 apply mutatis mutandis to the notification under Article 46, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 56 of the Act.
(Notification of Changes to Laboratories of Accredited Overseas Testing Business Operator)
Article 72-19The provisions of Article 72-11 apply mutatis mutandis to the notification under Article 47, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 56 of the Act.
(Notification of Suspension or Discontinuation of Operations of an Accredited Overseas Testing Business Operator)
Article 72-20The provisions of Article 72-12 apply mutatis mutandis to the notification under Article 48, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 56 of the Act.
(Omission of Attached Documents)
Article 72-21(1)If the procedure of filing two or more applications or notifications under the provisions of the Act or this Ministerial Order (limited to those done by an accredited certification body, accredited overseas certification body, accredited testing business operator, or accredited overseas testing business operator, or a person who seeks to receive accreditation; hereinafter referred to as the "application etc." in the following paragraph) is to be taken at the same time, and the content of the documents to be attached to each of those written applications or written notifications are the same, those documents may be attached only to one of the written applications or written notifications, and by stating that fact in other written applications or written notifications, attachment of the documents to those other written applications or written notifications may be omitted.
(2)If documents with the same content have already been submitted through procedures for other application etc., and the content of the documents have not changed, attachment of those documents to a written application or written notification may be omitted, by stating that fact in the written application or written notification; provided, however, that if the Minister of Agriculture, Forestry and Fisheries finds it particularly necessary, the Minister may request the submission of those documents.
(Identification Cards of Employees Who Conduct On-Site Inspections and Make Inquiries under the Provisions of Article 65, Paragraphs (1) Through (5) of the Act)
Article 73The identification cards referred to in Article 65, paragraph (6) of the Act is to be in accordance with Appended Form 18.
(Reporting the Results of On-Site Inspections and Inquiries Conducted by the Center)
Article 74The report under Article 66, paragraph (7) of the Act must be made, without delay, by submitting a document stating the following matters:
(i)the name and address of the accredited certification body, certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, accredited testing business operator, product handler of agricultural and forestry products which are subject to the criteria for labeling of quality pursuant to Article 59, paragraph (1) of the Act, product handler of specified agricultural and forestry products, or person who has conducted the labeling referred to in Article 68, paragraph (1) of the Act for whom the on-site inspection is conducted or inquiry is made;
(ii)the date the on-site inspection is conducted or inquiry is made;
(iii)the place the on-site inspection is conducted or inquiry is made;
(iv)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products or of testing, etc. relating to the on-site inspection or inquiry;
(v)the results of the on-site inspection or inquiry; and
(vi)other matters for reference.
(Identification Cards of Employees Who Conduct On-Site Inspections and Make Inquiries Under Article 66, Paragraphs (1) Through (5) of the Act)
Article 75The identification cards referred to in Article 65, paragraph (6) of the Act as applied mutatis mutandis pursuant to Article 66, paragraph (9) of the Act are to be in accordance with Appended Form 19.
(Procedures for Reporting to the Minister of Agriculture, Forestry and Fisheries)
Article 76The report pursuant to the provisions of Article 69, paragraph (1) of the Act must be made through a document stating the following matters:
(i)the name and address of the reporter;
(ii)the type of agricultural and forestry product or division of the method of handling, etc. of agricultural and forestry products or testing, etc. relating to the report;
(iii)the reason for the report;
(iv)the name and address of the product handler or testing business operator relating to the report; and
(v)the location of the agricultural and forestry product relating to the report, and the name of the owner thereof at the time of the report.
(Delegation of Authority)
Article 77The authority of the Minister of Agriculture, Forestry and Fisheries prescribed in the Act which is set forth in the following items is delegated to the person provided respectively in those items; provided, however, that this does not preclude the Minister of Agriculture, Forestry from personally exercising the authority:
(i)the instructions under Article 61, paragraph (1) of the Act and public announcement under Article 62 of the Act regarding the instructions (limited to those concerning product handlers whose principal office, place of business, factory, and shop are located within the jurisdictional district of a single Regional Agricultural Administration Office (excluding those regarding affairs to be carried out by prefectural governors under the main clause of Article 19, paragraph (1) of the Order and the heads of designated cities prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947))):the head of the relevant Regional Agricultural Administration Office;
(ii)the requests to an accredited certification body for the collection of reports and the submission of materials under Article 65, paragraph (1) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant accredited certification body (including the head of the Hokkaido Regional Agricultural Administration Office; the same applies in the following item through item (x) and items (xiv) through (xvi));
(iii)the requests to a business operator having a relationship with an accredited certification body with respect to its operations under Article 65, paragraph (1) of the Act for the collection of reports and the submission of materials:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant business operator;
(iv)the on-site inspections and inquiries to an accredited certification body or a business operator having a relationship with the accredited certification body with respect to its operations under the provisions of Article 65, paragraph (1) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the place of the relevant on-site inspections or inquiries;
(v)the requests to a certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, or product handler of specified agricultural and forestry products for the collection of reports and the submission of materials under Article 65, paragraph (2) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, or product handler of specified agricultural and forestry products;
(vi)the requests to a business operator having a relationship with a certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, or product handler of specified agricultural and forestry products with respect to its operations for the collection of reports and the submission of materials under Article 65, paragraph (2) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant business operator;
(vii)the on-site inspections and inquiries to a certified quality product handler, certified production process manager, certified distribution process manager, certified re-packer, certified importer, certified method product handler, or product handler of specified agricultural and forestry products, or a business operator having a relationship with any of those persons with respect to its operations under Article 65, paragraph (2) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the place of the relevant on-site inspections or inquiries;
(viii)the requests to an accredited testing business operator for the collection of reports and the submission of materials under Article 65, paragraph (3) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant accredited testing business operator;
(ix)the requests to a business operator having a relationship with an accredited testing business operator with respect to its operations for the collection of reports and the submission of materials under Article 65, paragraph (3) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant business operator;
(x)the on-site inspections and inquiries to an accredited testing business operator or a business operator having a relationship with the accredited testing business operator with respect to its operations under Article 65, paragraph (3) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the place of the relevant on-site inspections or inquiries;
(xi)the requests to a product handler for the collection of reports and the submission of materials under Article 65, paragraph (4) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant product handler;
(xii)the requests to a business operator having a relationship with a product handler with respect to its operations for the collection of reports and the submission of materials under Article 65, paragraph (4) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant business operator;
(xiii)the on-site inspections and inquiries to a product handler or a business operator having a relationship with the product handler with respect to its operations under Article 65, paragraph (4) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the place of the relevant on-site inspections or inquiries;
(xiv)the requests to a person who has conducted the labeling referred to in Article 68, paragraph (1) of the Act for the collection of reports and the submission of materials under Article 65, paragraph (5) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant person;
(xv)the requests to a business operator having a relationship with a person who has conducted the labeling referred to in Article 68, paragraph (1) of the Act with respect to its operations for the collection of reports and the submission of materials under Article 65, paragraph (5) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the relevant business operator;
(xvi)the on-site inspections and inquiries to a person who has conducted the labeling referred to in Article 68, paragraph (1) of the Act or a business operator having a relationship with the person with respect to its operations under Article 65, paragraph (5) of the Act:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the place of the relevant on-site inspections or inquiries; and
(xvii)the receipt of reports under Article 70, paragraph (1) of the Act and the investigations under paragraph (2) of the same Article:the head of the Regional Agricultural Administration Office with jurisdiction over the location of the principal office of the product handler subject to the relevant reports.
(Reporting Grading Results)
Article 78(1)An accredited certification body or an accredited overseas certification body must compile the preceding fiscal year's grading results or results of grade labeling, by the end of September of each year for each type of agricultural and forestry product, of the certified quality product handlers, certified production process managers, certified distribution process managers, certified re-packers, certified importers, certified quality overseas product handlers, certified overseas production process managers, certified overseas distribution process managers, or certified overseas re-packers that have been certified by that accredited certification body or accredited overseas certification body (for a certified production process manager or certified overseas production process manager of organic agricultural products, organic feeds or organic livestock products, including the area of its farm relating to the certification), as well as the preceding fiscal year's results of compliance labeling , for each division of the method of handling, etc. of agricultural and forestry products, of the certified method product handlers or certified method overseas product handlers that have been certified thereby, and then report them to the Minister of Agriculture, Forestry and Fisheries through the center.
(2)An accredited certification body must compile the results of issuing the documents proving that the accredited certification body has conducted the gradings for the previous year by the end of January of each year, and report them to the Minister of Agriculture, Forestry and Fisheries through the center.
(3)An accredited testing business operator or an accredited overseas testing business operator must compile the preceding fiscal year's results of issuing the certificates regarding testing, etc. on which an accredited symbol is affixed conducted by that person, by the end of September of each year, and then report them to the Minister of Agriculture, Forestry and Fisheries through the center.
(Means of Giving Public Notification)
Article 79Unless otherwise provided for, the public notifications prescribed in the Act or this Ministerial Order are to be made over the Internet or other appropriate means.
Supplementary Provisions[Extract]
(1)This Ministerial Order comes into effect as of the date on which the Agricultural and Forest Commodities Standards Act comes into effect (June 10, 1950).
(2)The Regulations for Enforcement of the Specified Agricultural and Forestry Product Inspection Act (Order of the Ministry of Agriculture and Forestry No. 64 of 1948) is repealed.
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 63 of September 1, 1951]
This Ministerial Order comes into effect as of September 1, 1951.
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 56 of December 19, 1955]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 36 of June 15, 1968][Extract]
(1)This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 39 of June 19, 1970][Extract]
(1)This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Agricultural and Forest Commodities Standards Act (Act No. 92 of 1970) comes into effect (June 20, 1970).
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 62 of December 4, 1972][Extract]
(1)This Ministerial Order comes into effect as of December 6, 1972.
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 13 of March 9, 1973]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture and Forestry No. 49 of July 5, 1978][Extract]
Article 1This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 29 of July 30, 1983]
This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Related Acts for Facilitating Acquisition of Type Approvals by Overseas Business Operators comes into effect (August 1, 1983).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 12 of March 27, 1986]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 46 of October 24, 1986]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 31 of July 2, 1993][Extract]
(Effective Date)
(1)This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (Act No. 77 of 1993) comes into effect (July 21, 1993).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 60 of November 1, 1995][Extract]
(1)This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 5 of January 31, 2000][Extract]
(Effective Date)
Article 1This Ministerial Order comes into effect as of April 1, 2000.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 24 of March 22, 2000]
(Effective Date)
(1)This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (Act No. 108 of 1999; referred to as the "Amendment Act" in the following paragraph) comes into effect; provided, however, that the provisions of the following paragraph come into effect as of the date of promulgation.
(Transitional Measures)
(2)The establishment of criteria for labeling of quality under Article 6, paragraph (1) of the Supplementary Provisions of the Amendment Act is governed by the provisions of Article 33-4-2 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products amended by this Ministerial Order.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 70 of June 9, 2000][Extract]
(Effective Date)
Article 1This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (hereinafter referred to as the "Amendment Act") comes into effect (June 10, 2000).
(Transitional Measures Concerning Manufacturers of Agricultural and Forestry Products)
Article 2(1)With respect to the application of the provisions of Article 14, paragraphs (3) and (4) of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by the Amendment Act (hereinafter referred to as the "former Act"), which are to remain in force pursuant to the provisions of Article 4, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 26, Article 27-2, and Article 30 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by this Ministerial Order (hereinafter referred to as the "former Regulation") remain in force.
(2)With respect to the application of the provisions of Article 19-3, paragraphs (1) through (3) of the former Act, which are to remain in force pursuant to the provisions of Article 4, paragraph (3) of the Supplementary Provisions of the Amendment Act, the provisions of Article 33-2 of the former Regulation remain in force.
(Details for Calculating the Amount of Travel Expenses Required for Inspections at the Factory of Overseas Manufacturers Performing Grading Operations Under the Former Act)
Article 3The calculation of the amount of travel expenses referred to in the second sentence of Article 20 of the Enforcement Order of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products amended by the Cabinet Order Partially Amending the Enforcement Order of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (hereinafter referred to as the "Amendment Order") as applied mutatis mutandis pursuant to Article 4, paragraph (2) of the Supplementary Provisions of the Amendment Order, is to be as set forth below:
(i)the location of the office where the official works referred to in Article 2, paragraph (1), item (vi) of the Travel Expenses Act is to be 1-2-1 Kasumigaseki, Chiyoda-ku, Tokyo, Japan;
(ii)the number of days during which the inspection is conducted is to be three;
(iii)the travel miscellaneous expenses referred to in Article 6, paragraph (1) of the Travel Expenses Act are to be 10,000 yen; and
(iv)if the Minister of Agriculture, Forestry and Fisheries makes the adjustment of travel expenses under Article 46, paragraph (1) of the Travel Expenses Act, the amount equivalent to the portion not paid as a result of that adjustment is not to be included.
Supplementary Provisions[August 14, 2000; Order of the Ministry of Agriculture, Forestry and Fisheries No. 26 of 2001]
(Effective Date)
(1)This Order on the Central Government Reform Task Force (hereinafter referred to as the "Task Force Order") comes into effect as of the date on which the Act Partially Amending the Cabinet Act (Act No. 88 of 1999) comes into effect (January 6, 2001); provided, however, that the provisions of paragraph (3) of the Supplementary Provisions come into effect as of the date of promulgation.
(Effect of this Task Force Order)
(2)This Task Force Order is to become the Ministerial Order on the Development of Ministerial Orders Related to Organizations of the Ministry of Agriculture, Forestry and Fisheries for Central Government Reform (Order of the Ministry of Agriculture, Forestry and Fisheries No. 26 of 2001) as of the date on which it comes into effect.
(Transitional Measures on Terms of Office of Members of the Japanese Agricultural Standards Council)
(3)Notwithstanding the provisions of Article 1, paragraph (1) of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by the provisions of Article 1, the term of office of a person who is a member of the former Japanese Agricultural Standards Council as of the day preceding the date on which this Task Force Order comes into effect expires on that day.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 54 of March 9, 2001]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 59 of March 22, 2001]
(Effective Date)
Article 1This Ministerial Order comes into effect as of April 1, 2001.
(Transitional Measures upon Partial Amendment of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products)
Article 2(1)If the center has a manufacturer or a production process manager perform part of its operations regarding grading pursuant to the provisions of Article 14, paragraph (3) or (4) of the former Act prescribed in Article 9, paragraph (1) of the Supplementary Provisions of the Center for Quality Control and Consumer Service Act (Act No. 183 of 1999; hereinafter referred to as the "Center Act"), as applied following the deemed replacement of terms pursuant to paragraph (1) of the same Article (hereinafter referred to as the "former Act"), with respect to of application of the provisions of Article 28-2 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products amended by the provisions of Article 2 (hereinafter referred to as the "new Regulation"), the term "raw silk" in Article 28-2 thereof is deemed to be replaced with "raw silk and, when the center has a manufacturer or a production process manager perform part of its operations regarding grading pursuant to Article 14, paragraph (3) or (4) of the former Act prescribed in Article 9, paragraph (1) of the Supplementary Provisions of the Center for Quality Control and Consumer Service Act (Act No. 183 of 1999), as applied following the deemed replacement of terms pursuant to the same paragraph, the agricultural and forestry product relating to the grading."
(2)If the center has an overseas manufacturer or an overseas production process manager perform part of its operations regarding grading pursuant to Article 19-3, paragraph (1) or (2) of the former Act, as applied following the deemed replacement of terms pursuant to Article 9, paragraph (2) of the Supplementary Provisions of the Center Act, with respect to application of the provisions of Article 28-2 of the new Regulation, the term "raw silk" in the same Article is deemed to be replaced with "raw silk and, when the center has an overseas manufacturer or an overseas production process manager perform part of its operations regarding grading pursuant to Article 19-3, paragraph (1) or (2) of the former Act prescribed in Article 9, paragraph (1) of the Supplementary Provisions of the Center for Quality Control and Consumer Service Act (Act No. 183 of 1999) as applied following the deemed replacement of terms pursuant to paragraph (2) of the same Article, the agricultural and forestry product relating to the grading."
(3)The certificate referred to in Article 20, paragraph (3) of the new Act prescribed in Article 11, paragraph (2) of the Supplementary Provisions of the Center Act as applied mutatis mutandis pursuant to the same paragraph, is to be in accordance with the Appended Form of the Supplementary Provisions.
(Transitional Measures Concerning Dispositions and Applications)
Article 3Any disposition of approval, etc. or any other act conducted prior to the enforcement of this Ministerial Order pursuant to the provisions of respective Ministerial Orders prior to the amendment (hereinafter referred to as the "act of approval, etc."), or any application for approval, etc. or any other act conducted at the time of enforcement of this Ministerial Order pursuant to the provisions of respective Ministerial Orders prior to the amendment (hereinafter referred to as the "act of application, etc.") is deemed to be the act of approval, etc. or the act of application, etc. conducted pursuant to the corresponding provisions of the respective amended Ministerial Orders with respect to the application of the respective amended Ministerial Orders after the effective date of this Ministerial Order.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 61 of March 26, 2001][Extract]
(Effective Date)
Article 1This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 134 of October 19, 2001]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 10 of March 6, 2002]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 17 of March 25, 2002]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 60 of July 3, 2002]
This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products comes into effect (July 4, 2002).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 85 of November 8, 2002]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 26 of March 31, 2003]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 115 of October 17, 2003]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 119 of October 31, 2003]
This Ministerial Order comes into effect as of December 1, 2003.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 18 of March 18, 2004]
This Ministerial Order comes into effect as of March 29, 2004.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 55 of June 25, 2004]
This Ministerial Order comes into effect as of the date on which 30 days have passed from the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 58 of July 12, 2004]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 18 of March 7, 2005]
This Ministerial Order comes into effect as of the date on which the Real Property Registration Act comes into effect (March 7, 2005).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 86 of July 29, 2005]
This Ministerial Order comes into effect as of July 30, 2005.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 88 of August 4, 2005]
(Effective Date)
Article 1This Ministerial Order comes into effect as of March 1, 2006; provided, however, that the provisions amending Article 56, item (iii) come into effect as of the date of promulgation.
(Transitional Measures Concerning Prefectures)
Article 2With respect to inspections regarding grading and the reports of grading results by a prefecture which, at the time of enforcement of the Act Partially Amending the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (hereinafter referred to as the "Amendment Act"), performs operations regarding the grading of agricultural and forestry products as provided by Prefectural Ordinance pursuant to Article 14, paragraph (1) of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by the Amendment Act (hereinafter referred to as the "former Act") and which performs grading pursuant to Article 3, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 25, Article 26, and Article 96, paragraph (1) of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by this Ministerial Order (hereinafter referred to as the "former Regulation") remain in force.
(Transitional Measures Concerning the Food and Agricultural Materials Inspection Center)
Article 3With respect to inspections regarding grading, the approval of the amount of grading fees, the types of agricultural and forestry products to be graded, and the reports of grading results by the Food and Agricultural Materials Inspection Center (hereinafter referred to as the "center") pursuant to the provisions of Article 4, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 25, Article 27, Article 28-2, and Article 96, paragraph (1) of the former Regulation remain in force.
(Transitional Measures Concerning Registered Grading Organizations)
Article 4(1)With respect to inspections regarding grading, the approval of the amount of grading fees, registration, operational rules for grading, entries in the books, and the reports of grading results concerning a corporation which has been registered by the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions of Article 16, paragraph (2) of the former Act at the time of enforcement of the Amendment Act and which performs grading pursuant to Article 5, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Articles 25 through 27, Articles 49 through 51, Article 53, Article 54, and Article 96, paragraph (1) of the former Regulation remain in force.
(2)With respect to identification cards of employees who conduct on-site inspections pursuant to the provisions of Article 20, paragraph (1) of the former Act, which are to remain in force pursuant to the provisions of Article 5, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93 of the former Regulation remain in force.
(3)With respect to reports by a prefectural governor under the provisions of Article 30, paragraph (6) of the Enforcement Order of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by the Cabinet Order Partially Amending the Enforcement Order of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (hereinafter referred to as the "Amendment Order") (hereinafter referred to as the "former Order"), which are to remain in force pursuant to the provisions of Article 5, paragraph (1) of the Supplementary Provisions of the Amendment Order, the provisions of Article 95, paragraph (3) of the former Regulation remain in force.
(Transitional Measures for Certified Manufacturers)
Article 5(1)With respect to technical criteria for certification, inspections regarding grading, and the reports of grading results concerning a former certified manufacturer (meaning the former certified manufacturer prescribed in Article 6, paragraph (1) of the Supplementary Provisions of the Amendment Act) that performs grading pursuant to the same paragraph, the provisions of Article 34, paragraph (1), Article 36, and Article 96, paragraph (2) of the former Regulation remain in force.
(2)With respect to technical criteria for certification, inspections regarding grading, and the reports of grading results concerning a former certified production process manager (meaning the former certified production process manager prescribed in Article 6, paragraph (2) of the Supplementary Provisions of the Amendment Act) that performs grading pursuant to the same paragraph, the provisions of Article 34, paragraph (2), Article 36, and Article 96, paragraph (2) of the former Regulation remain in force.
(3)With respect to identification cards of employees who conduct on-site inspections pursuant to the provisions of Article 20, paragraph (2) and Article 20-2, paragraph (1) of the former Act, which are to remain in force pursuant to the provisions of Article 6, paragraphs (1) and (2) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93 and Article 93-3 of the former Regulation remain in force.
(4)With respect to reports by the center under the provisions of Article 20-2, paragraph (3) of the former Act, which are to remain in force pursuant to the provisions of Article 6, paragraphs (1) and (2) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93-2 of the former Regulation remain in force.
(Transitional Measures Concerning Certified Re-packers)
Article 6(1)With respect to technical criteria for certification and the reports of results of grade labeling concerning a former certified re-packer (meaning the former certified re-packer prescribed in Article 7, paragraph (1) of the Supplementary Provisions of the Amendment Act) that affixes the grade label pursuant to the provisions of the same paragraph, the provisions of Article 39 and Article 96, paragraph (3) of the former Regulation remain in force.
(2)With respect to identification cards of employees who conduct on-site inspections pursuant to the provisions of Article 20, paragraph (2) and Article 20-2, paragraph (1) of the former Act, which are to remain in force pursuant to the provisions of Article 7, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93 and Article 93-3 of the former Regulation remain in force.
(3)With respect to reports by the center pursuant to the provisions of Article 20-2, paragraph (3) of the former Act, which are to remain in force pursuant to the provisions of Article 7, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93-2 of the former Regulation remain in force.
(Certificate Provided by Order of the Ministry of Agriculture, Forestry and Fisheries Referred to in Article 8, Paragraph (1) of the Supplementary Provisions of the Amendment Act)
Article 7The certificate provided by Order of the Ministry of Agriculture, Forestry and Fisheries referred to in Article 8, paragraph (1) of the Supplementary Provisions of the Amendment Act is to be a certificate issued by a governmental organization of Ireland, the United States of America, Italy, the United Kingdom of Great Britain and Northern Ireland, Australia, Austria, the Netherlands, Greece, Switzerland, Sweden, Spain, Denmark, Germany, Finland, France, Belgium, Portugal, or Luxembourg that states the following matters:
(i)the name and address of the organization which has issued the certificate;
(ii)the issuance date of the certificate;
(iii)the type and quantity of the specified agricultural and forestry product relating to the certification;
(iv)the name and address of the overseas organization which has performed an act equivalent to the certification of the production process manager prescribed in Article 15, paragraph (2) of the former Act relating to the specified agricultural and forestry product; and
(v)an indication that the specified agricultural and forestry product has been graded.
(Transitional Measures Concerning Certified Importers)
Article 8(1)With respect to technical criteria for certification and the reports of results of labeling of grading concerning a former certified importer (meaning the former certified importer prescribed in Article 8, paragraph (1) of the Supplementary Provisions of the Amendment Act) that affixes the grade label pursuant to the same paragraph, the provisions of Article 44 and Article 96, paragraph (3) of the former Regulation remain in force.
(2)With respect to identification cards of employees who conduct on-site inspections pursuant to the provisions of Article 20, paragraph (2) and Article 20-2, paragraph (1) of the former Act, which are to remain in force pursuant to the provisions of Article 8, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93 and Article 93-3 of the former Regulation remain in force.
(3)With respect to reports by the center under the provisions of Article 20-2, paragraph (3) of the former Act, which are to remain in force pursuant to the provisions of Article 8, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93-2 of the former Regulation remain in force.
(Transitional Measures Concerning Registered Certifying Bodies)
Article 9(1)With respect to registration, business operation rules, entries in the books, the reports of certification, and the reports of compiled grading results or results of grade labeling concerning a former accredited certification body (meaning the former accredited certification body prescribed in Article 9 of the Supplementary Provisions of the Amendment Act) that performs certification operations as governed by prior laws based on the provisions of the same Article or Article 14 of the Supplementary Provisions of the Amendment Act after the enforcement of the Amendment Act, the provisions of Article 57, Article 58, Articles 60 through 62, and Article 96, paragraph (4) of the former Regulation remain in force.
(2)With respect to identification cards of employees who conduct on-site inspections pursuant to the provisions of Article 20, paragraph (1) of the former Act, which are to remain in force pursuant to the provisions of Article 10, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 93 of the former Regulation remain in force.
(Transitional Measures Concerning Registered Overseas Grading Organizations)
Article 10(1)With respect to inspections regarding grading, the approval of the amount of grading fees, registration, operational rules for grading, entries in the books, and the reports of grading results concerning a former registered overseas grading organization (meaning the former registered overseas grading organization prescribed in Article 11, paragraph (1) of the Supplementary Provisions of the Amendment Act) that performs grading pursuant to the provisions of the same paragraph, the provisions of Article 64 of the former Regulation, Articles 49 through 51 of the former Regulation as applied mutatis mutandis pursuant to Article 80 of the former Regulation, and Article 82, Article 83, and Article 96, paragraph (1) of the former Regulation remain in force.
(2)With respect to the calculation of the amount of travel expenses pursuant to the provisions of Article 20 of the former Order as applied mutatis mutandis pursuant to Article 24 of the former Order, which are to remain in force pursuant to the provisions of Article 4, paragraph (2) of the Supplementary Provisions of the Amendment Order, the provisions of Article 84 of the former Regulation remain in force.
(Transitional Measures Concerning Certified Overseas Manufacturers)
Article 11(1)With respect to technical criteria for certification, inspections regarding grading, and the reports of grading results concerning a former certified overseas manufacturer (meaning the former certified overseas manufacturer prescribed in Article 12, paragraph (1) of the Supplementary Provisions of the Amendment Act) that performs grading pursuant to the same paragraph, the provisions of Article 70, Article 73, and Article 96, paragraph (2) of the former Regulation remain in force.
(2)With respect to technical criteria for certification, inspections regarding grading, and the reports of grading results concerning a former certified overseas production process manager (meaning the former certified overseas production process manager prescribed in Article 12, paragraph (2) of the Supplementary Provisions of the Amendment Act) that performs grading pursuant to the same paragraph, the provisions of Article 70, Article 73, and Article 96, paragraph (2) of the former Regulation remain in force.
(3)With respect to the public notification of an overseas manufacturer, etc. under the provisions of Article 19-5-2 of the former Act, which are to remain in force pursuant to the provisions of Article 12, paragraphs (1) and (2) of the Supplementary Provisions of the Amendment Act, the provisions of Article 77, paragraphs (1) through (3) of the former Regulation remain in force.
(4)With respect to the calculation of the amount of travel expenses under the provisions of Article 20 of the former Order, which are to remain in force pursuant to the provisions of Article 4, paragraph (1) of the Supplementary Provisions of the Amendment Order, the provisions of Article 79 of the former Regulation remain in force.
(Transitional Measures Concerning Certified Overseas Re-packers)
Article 12(1)With respect to technical criteria for certification and the reports of results of labeling of grading concerning a former certified overseas re-packer (meaning the former certified overseas re-packer prescribed in Article 13, paragraph (1) of the Supplementary Provisions of the Amendment Act) that affixes the grade label pursuant to the same paragraph, the provisions of Article 39 of the former Regulation, as applied mutatis mutandis pursuant to Article 71 of the former Regulation, and Article 96, paragraph (3) of the former Regulation remain in force.
(2)With respect to the public notification of an overseas re-packer under the provisions of Article 19-5-2 of the former Act, which are to remain in force pursuant to the provisions of Article 13, paragraph (1) of the Supplementary Provisions of the Amendment Act, the provisions of Article 77, paragraphs (1) through (3) of the former Regulation remain in force.
(3)With respect to the calculation of the amount of travel expenses under the provisions of Article 20 of the former Order, which are to remain in force pursuant to the provisions of Article 4, paragraph (1) of the Supplementary Provisions of the Amendment Order, the provisions of Article 79 of the former Regulation remain in force.
(Transitional Measures Concerning Registered Overseas Certifying Bodies)
Article 13(1)With respect to the registration, the business operation rules, the entries in the books, the reports of certification, and the reports of compiled grading results or results of grade labeling concerning a former registered overseas certifying body (meaning the former registered overseas certifying body prescribed in Article 14 of the Supplementary Provisions of the Amendment Act) that performs certification operations as governed by prior laws based on the provisions of the same Article after the enforcement of the Amendment Act, the provisions of Article 50, Article 51, and Articles 57 of the former Regulation, as applied mutatis mutandis pursuant to Article 85 of the former Regulation, and Article 87, Article 88, Article 89, and Article 96, paragraph (4) of the former Regulation remain in force.
(2)With respect to the public notice of an overseas manufacturer, etc. under the provisions of Article 19-5-2 of the former Act, which are to remain in force pursuant to the provisions of Article 15 of the Supplementary Provisions of the Amendment Act, the provisions of Article 77, paragraph (4) of the former Regulation remain in force.
(3)With respect to the calculation of the amount of travel expenses under the provisions of Article 20 of the former Order as applied mutatis mutandis pursuant to Article 24 of the former Order, as applied mutatis mutandis pursuant to Article 28 of the former Order, which are to remain in force pursuant to the provisions of Article 4, paragraph (2) of the Supplementary Provisions of the Amendment Order, the provisions of Article 90 of the former Regulation remain in force.
(Transitional Measures Concerning Reports to the Minister of Agriculture, Forestry and Fisheries)
Article 14With respect to the grade label affixed by a prefecture, the center, a corporation registered by the Minister of Agriculture, Forestry and Fisheries pursuant to Article 16, paragraph (2) of the former Act prior to the enforcement of the Amendment Act, or a corporation registered by the Minister of Agriculture, Forestry and Fisheries pursuant to Article 16, paragraph (2) of the former Act as applied mutatis mutandis pursuant to Article 19-6-2, paragraph (2) of the former Act prior to the enforcement of the Amendment Act, the provisions of Article 94 of the former Regulation remain in force.
(Repeal of the Ministerial Order Registering Registered Grading Organizations Based on the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products)
Article 15The Ministerial Order Registering Registered Grading Organizations Based on the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (Order of the Ministry of Agriculture, Forestry and Fisheries No. 61 of 2001) is repealed.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 113 of October 27, 2005]
This Ministerial Order comes into effect as of the date on which 30 days have passed from the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 43 of April 28, 2006]
This Ministerial Order comes into effect as of the date on which the Companies Act (Act No. 86 of 2005) comes into effect (May 1, 2006).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 90 of December 12, 2006]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 9 of March 16, 2007]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 28 of March 30, 2007][Extract]
(Effective Date)
Article 1This Ministerial Order comes into effect as of April 1, 2007.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 46 of April 25, 2007]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 82 of October 31, 2007]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 15 of March 21, 2008]
(Effective Date)
Article 1This Ministerial Order comes into effect as of the date of promulgation.
(Transitional Measures)
Article 2(1)A document that is used in accordance with Form 13 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by this Ministerial Order (referred to as the "former format" in the following paragraph) and that exists at the time of enforcement of this Ministerial Order is deemed to be in accordance with Form 13 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products amended by this Ministerial Order.
(2)A form that has been prepared in accordance with the former format that existed at the time of enforcement of this Ministerial Order may be used by making amendments to the relevant sections of the form even after the enforcement of this Ministerial Order until otherwise provided for by law.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 73 of November 28, 2008][Extract]
(Effective Date)
(1)This Ministerial Order comes into effect as of the date on which the Act on General Incorporated Associations and General Incorporated Foundations comes into effect (December 1, 2008).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 3 of February 4, 2009]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 33 of May 21, 2009]
This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products (Act No. 31 of 2009) comes into effect (May 30, 2009).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 53 of August 28, 2009]
(1)This Ministerial Order comes into effect as of the date on which the Act for the Establishment of the Consumer Affairs Agency and the Consumer Commission (Act No. 48 of 2009) comes into effect (September 1, 2009).
(2)A certificate in accordance with Appended Form 12 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products prior to amendment by this Ministerial Order (hereinafter referred to as the "former Regulation") and a certificate in accordance with Appended Form 13 of the former Regulation that have been issued prior to the enforcement of this Ministerial Order are deemed to be a certificate in accordance with Appended Form 12 of the Regulation for Enforcement of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products amended by this Ministerial Order (hereinafter referred to as the "new Regulation") and a certificate in accordance with Appended Form 13 of the new Regulation, respectively.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 45 of July 28, 2010]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 55 of October 5, 2010]
This Ministerial Order comes into effect as of the date of promulgation.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 61 of December 21, 2010]
This Ministerial Order comes into effect as of January 1, 2011.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 52 of August 31, 2011][Extract]
(Effective Date)
Article 1This Ministerial Order comes into effect as of September 1, 2011.
(Transitional Measures)
Article 3Sending or any other act that has been performed on former organs of the Ministry of Agriculture, Forestry and Fisheries at the time of enforcement of this Ministerial Order pursuant to the provisions of respective Ministerial Orders prior to amendment by this Ministerial Order is deemed to be the sending or any other act performed on the corresponding organs thereof pursuant to the corresponding provisions of the respective amended Ministerial Orders after the enforcement of this Ministerial Order.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 19 of March 29, 2013]
This Ministerial Order comes into effect as of April 1, 2013.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 51 of September 17, 2014]
This Ministerial Order comes into effect as of January 1, 2015.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 13 of March 20, 2015]
This Ministerial Order comes into effect as of the date on which the Food Labeling Act comes into effect (April 1, 2015).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 70 of September 15, 2015][Extract]
(Effective Date)
Article 1This Ministerial Order comes into effect as of October 1, 2015.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 12 of March 11, 2016]
This Ministerial Order comes into effect as of April 1, 2016.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 43 of June 1, 2016]
(Effective Date)
Article 1This Ministerial Order comes into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as of the dates provided respectively in those items:
(i)provisions amending Article 26, item (i), Article 46, paragraph (1), item (iv), (a) through (d), Article 47, paragraphs (1) through (4), Article 52, paragraph (2), Article 58, paragraph (1), and Appended Forms 5 through 8:the date on which three months have passed from the date of promulgation; and
(ii)provisions amending Article 78:April 1, 2017.
(Transitional Measures)
Article 2(1)A registered certifying body or a registered overseas certifying body is to attach appropriate conditions to the certification that has been performed at the time of enforcement of this Ministerial Order as governed by the provisions of Article 46, paragraph (1), item (i), (d) of the Regulation for Enforcement of the Act on Standardization of Commodities concerning Agricultural and Forestry Products amended by this Ministerial Order (hereinafter referred to as the "new Regulation") (including as applied mutatis mutandis pursuant to Article 65 of the new Regulation).
(2)Prior laws continue to govern the report prescribed in Article 46, paragraph (1), item (i), (d), 10 of the new Regulation that is made in fiscal 2016 by a certified business operator (meaning the certified business operator prescribed in Article 46, paragraph (1), item (i), (d), 1 of the new Regulation; the same applies in the following Article) relating to the certification referred to in the preceding paragraph.
Article 3A certified business operator relating to the certification referred to in paragraph (1) of the preceding Article is to preserve the record of grading or grade labeling conducted by the person which exists at the time of enforcement of this Ministerial Order pursuant to the provisions of Article 46, paragraph (1), item (i), (d), 11 of the new Regulation (including as applied mutatis mutandis pursuant to Article 65 of the new Regulation).
Article 4(1)A registered certifying body or a registered overseas certifying body is to, within one year from the date on which the provisions set forth in Article 1, item (i) of the Supplementary Provisions come into effect, provide the matters set forth in Article 46, paragraph (1), item (iv), (a) of the new Regulation (including as applied mutatis mutandis pursuant to Article 65 of the new Regulation) which relate to the certification (limited to that regarding production process managers, re-packers, overseas production process managers, or overseas re-packers of organic agricultural products or organic livestock products, or importers of specified agricultural and forestry products (referred to as a "certified organic business operators" in the following paragraph)) that has been carried out at the time of enforcement of the provisions set forth in Article 1, item (i) of the Supplementary Provisions for public inspection at its office, as well as provide these matters over the Internet or other appropriate means.
(2)If, during the period from the date on which the provisions set forth in Article 1, item (i) of the Supplementary Provisions come into effect to the date of public announcement (meaning the date on which a registered certifying body or a registered overseas certifying body provides the matters prescribed in the preceding paragraph for public inspection pursuant to the same paragraph, or the date on which it begins to provide them over the Internet or other appropriate means, whichever comes earlier), the registered certifying body or the registered overseas certifying body referred to in the same paragraph makes the demand under Article 46, paragraph (1), item (iii), (d) or (e) of the new Regulation (including as applied mutatis mutandis pursuant to Article 65 of the new Regulation) to a certified organic business operator relating to the certification referred to in the preceding paragraph, or that certified organic business operator discontinues its operations regarding grading, or that registered certifying body or registered overseas certifying body cancels the certification regarding that certified organic business operator, prior laws continue to govern the matters to be provided for public inspection and to be provided over the Internet or other appropriate means, and written reports to be submitted to the Minister of Agriculture, Forestry and Fisheries, notwithstanding the provisions of Article 46, paragraph (1), item (iv), (b) through (d) of the new Regulation (including as applied mutatis mutandis pursuant to Article 65 of the new Regulation) and Article 47, paragraphs (2) through (4) of the new Regulation (including as applied mutatis mutandis pursuant to Article 66 of the new Regulation).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 50 of August 3, 2017]
This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization of Commodities concerning Agricultural and Forestry Products and the Food and Agricultural Materials Inspection Center Act comes into effect.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 16 of March 29, 2018]
This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on Standardization of Commodities concerning Agricultural and Forestry Products and the Food and Agricultural Materials Inspection Center Act comes into effect (April 1, 2018).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 1 of January 15, 2019]
This Ministerial Order comes into effect as of January 27, 2019.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 39 of April 24, 2019]
This Ministerial Order comes into effect as of April 28, 2019.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 10 of June 27, 2019]
(Effective Date)
Article 1This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Unfair Competition Prevention Act, etc. comes into effect (July 1, 2019).
(Transitional Measures)
Article 2(1)A document that is used in accordance with the format prior to amendment by this Ministerial Order (referred to as the "former format" in the following paragraph) and that exists at the time of enforcement of this Ministerial Order is deemed to be a document in accordance with the format as amended by this Ministerial Order.
(2)A form following the former format that existed prior to the enforcement of this Ministerial Order may be used by making amendments to the relevant sections of the form until otherwise provided for by law.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 47 of December 16, 2019]
This Ministerial Order comes into effect as of the date on which the Act Partially Amending the Act on the Utilization of Information and Communications Technologies in Administrative Procedure to Improve Convenience of Relevant Persons and to Simplify and Streamline Administrative Management Relating to Administrative Procedure Utilizing Information and Communications Technologies comes into effect (December 16, 2019).
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 5 of January 31, 2020]
This Ministerial Order comes into effect as of the date of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union under Article 50 (3) of the Treaty on the European Union.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 54 of July 16, 2020]
This Ministerial Order comes into effect as of July 16, 2020.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 83 of December 21, 2020]
(Effective Date)
Article 1This Ministerial Order comes into effect as of the date of promulgation.
(Transitional Measures)
Article 2(1)A document that is used in accordance with the format prior to amendment by this Ministerial Order (referred to as the "former format" in the following paragraph) and that exists at the time of enforcement of this Ministerial Order is deemed to be a document in accordance with the format as amended by this Ministerial Order.
(2)A form following the former format that existed prior to the enforcement of this Ministerial Order may be used by making amendments to the relevant sections of the form until otherwise provided by law.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 25 of April 1, 2021]
This Ministerial Order comes into effect as of April 1, 2021; provided, however, that the amending provisions of Article 46 (limited to the part adding one item after paragraph (1), item (iv) of the same Article) and the amending provisions of Article 65 come into effect as of January 1, 2022, and the amending provisions of Article 78 (limited to the part replacing paragraph (2) of the same Article with paragraph (3) of the same Article and adding one paragraph after paragraph (1) of the same Article) come into effect as of January 1, 2023.
Supplementary Provisions[Order of the Ministry of Agriculture, Forestry and Fisheries No. 68 of December 7, 2021]
This Ministerial Order comes into effect as of January 6, 2022.
Appended Forms
Form 1(Re: Article 39, Article 43, Article 59, and Article 62)
Form 2
Form 3(Re: Article 44 and Article 63)
Form 4(Re: Article 45 and Article 64)
Form 5(Re: Article 47, paragraph (1) and Article 66)
Form 6(Re: Article 47, paragraph (2) and Article 66)
Form 7(Re: Article 47, paragraph (3) and Article 66)
Form 8(Re: Article 47, paragraph (4) and Article 66)
Form 8-2(Re: Article 47, paragraph (5) and Article 66)
Form 9(Re: Article 48 and Article 67)
Form 10(Re: Article 49, paragraphs (1) and (2), and Article 68)
Form 11(Re: Article 50 and Article 69)
Form 12(Re: Article 72-5, Article 72-8, Article 72-13, and Article 72-16)
Form 13
Form 14(Re: Article 72-9 and Article 72-17)
Form 15(Re: Article 72-10 and Article 72-18)
Form 16(Re: Article 72-11 and Article 72-19)
Form 17(Re: Article 72-12 and Article 72-20)
Form 18(Re: Article 73)
Form 19(Re: Article 75)