Enforcement Order of Poultry Slaughtering Business Control and Poultry Meat Inspection Act(Cabinet Order No. 52 of 1991)
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Enforcement Order of Poultry Slaughtering Business Control and Poultry Meat Inspection Act (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Cabinet Order No. 52 of March 25, 1991
The Cabinet hereby enacts this Cabinet Order pursuant to the provisions of Article 16, paragraphs (1) and (4), Article 17, paragraph (1), item (vii), Article 39, and Article 43 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act (Act No. 70 of 1990).
(Registration of Training Institutes)
Article 1When registering a training institute set forth in Article 12, paragraph (5), item (iii) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act (hereinafter referred to as "the Act"), the prefectural governor is to follow the criteria specified by Ministry of Health, Labour and Welfare Order with regard to the matters such as the qualification for enrollment, training term, and course subjects.
(Application for Registration)
Article 2When intending to have a training institute registered under Article 12, paragraph (5), item (iii) of the Act, the establisher of the institute must submit a written application to the prefectural governor that governs the location of the institute pursuant to Ministry of Health, Labour and Welfare Order.
(Notification of Changes)
Article 3When there has been any changes to the matters specified by Ministry of Health, Labour and Welfare Order, the establisher of a training institute registered under Article 12, paragraph (5), item (iii) of the Act (hereinafter referred to as a "registered training institute") must notify the prefectural governor that governs the location of the institute of the change within one month from the date of change.
(Collection of Reports)
Article 4When considered necessary for a registered training institute, the prefectural governor may require its establisher to submit a report.
(Revocation of Registration)
Article 5When a prefectural governor finds that a registered training institute no longer conforms to the criteria specified by Ministry of Health, Labour and Welfare Order prescribed in Article 1 or has received an application filed under the provisions of the following Article, the prefectural governor may revoke the institute's registration.
(Application for Revocation of Registration)
Article 6When intending to have the registration of a training institute by the prefectural governor revoked, the establisher of the registered training institute must submit a written application to the prefectural governor that governs the location of the institute pursuant to Ministry of Health, Labour and Welfare Order.
(Public Notice)
Article 7In any of the following cases, the prefectural governor must issue a public notice to that effect:
(i)when the prefectural governor has granted registration referred to in Article 12, paragraph (5), item (iii) of the Act;
(ii)when there has been a notification under the provisions of Article 3 (limited to notification pertaining to those specified by Ministry of Health, Labour and Welfare Order); or
(iii)when the prefectural governor has rescinded registration referred to in Article 12, paragraph (5), item (iii) of the Act, pursuant to the provisions of Article 5.
(Registration of Training Sessions)
Article 8When intending to have a training session registered under Article 12, paragraph (5), item (iv) of the Act, the organizer of the training session must apply for registration with the prefectural governor of the location where the training session will be conducted, pursuant to Ministry of Health, Labour and Welfare Order.
(Disqualification Clause)
Article 9A person falling under any of the following items may not obtain registration of a training session referred to in Article 12, paragraph (5), item (iv) of the Act:
(i)a person who has been sentenced to a fine or severer punishment for violating this Act or any disposition thereunder and for which two years have not yet elapsed since the day on which the person served out the sentence or ceased to be subject to the sentence;
(ii)a person whose registration has been revoked pursuant to the provisions of Article 17 and for which two years have not yet elapsed since the day of revocation; or
(iii)a corporation with any of its officers engaged in its business falling under any of the preceding two items.
(Criteria for Registration)
Article 10When an organizer of a training session for which application for registration has been filed pursuant to the provisions of Article 8 organizes a training session pursuant to Ministry of Health, Labour and Welfare Order as referred to in Article 12, paragraph (7) of the Act, the prefectural governor must register the training session.
(Obligation to Implement Training Sessions)
Article 11(1)The organizer of a training session registered under Article 12, paragraph (5), item (iv) of the Act (hereinafter referred to as a "registered training session") must formulate a plan for the implementation of the registered training session and implement the training session in accordance with the plan, unless there are legitimate grounds.
(2)The organizer of a registered training session must organize the registered training session in a manner that is fair and complies with the criteria specified by Ministry of Health, Labour and Welfare Order.
(3)The organizer of a registered training session must submit a plan formulated pursuant to the provisions of paragraph (1) to the prefectural governor of the location where the training session will be conducted, prior to organizing the session. The same applies to any change to be made thereto.
(Notification of Changes)
Article 12The organizer of a registered training session must notify the prefectural governor of the location where the registered training session will be conducted of any planned change to the matters specified by Ministry of Health, Labour and Welfare Order by two weeks before the date of the planned change.
(Suspension or Discontinuation of Operations)
Article 13When intending to suspend or discontinue the whole or part of operations pertaining to a registered training session, the organizer of the registered training session must submit the notification to that effect to the prefectural governor of the location where the registered training session will be conducted pursuant to Ministry of Health, Labour and Welfare Order.
(Keeping and Inspection of Financial Statements)
Article 14(1)The organizer of a registered training session must prepare an inventory of assets, balance sheet, and profit and loss statement or income and expenditure statement, as well as business report (including electromagnetic records (referring to records used in computerized information processing which are created in an electronic form, magnetic form, or any other form that cannot be perceived by the human senses; hereinafter the same applies in this Article) if electronic or magnetic records are kept instead of those paper documents; referred to as "financial statements, etc." in the following paragraph) and must keep them at the office, pursuant to the provisions of Ministry of Health, Labour and Welfare Order.
(2)Any person who intends to participate in a registered training session and other interested parties may file a request specified below at any time within the service hours of the organizer of the registered training session; provided, however, that the requesting person must pay fees set by the organizer of the registered training session to file a request under item (ii) or item (iv):
(i)when financial statements, etc., are prepared in paper documents, a request for the inspection or copying of the documents;
(ii)a request for a certified copy or extract of the documents in the preceding item;
(iii)when financial statements, etc., are prepared in electronic or magnetic records, a request for the inspection or copying of the information recorded in those electronic or magnetic records displayed in means specified by Ministry of Health, Labour and Welfare Order; or
(iv)a request to be provided with the information recorded in an electronic or magnetic record set forth in the preceding item by an electronic or magnetic means specified by Ministry of Health, Labour and Welfare Order, or a request to be issued a document showing that information.
(Order for Compliance)
Article 15When an organizer of a registered training session is deemed to be no longer organizing a registered training session pursuant to Ministry of Health, Labour and Welfare Order as referred to in Article 12, paragraph (7) of the Act, the prefectural governor may order the organizer of the registered training session to take necessary measures for organizing registered training sessions pursuant to Ministry of Health, Labour and Welfare Order as referred to in the same paragraph.
(Order for Improvement)
Article 16When an organizer of a registered training session is deemed to be violating the provisions of Article 11, the prefectural governor may order the organizer of the registered training session to conduct the registered session or to take necessary measures to improve the operational methods such as the implementation method of the registered training session.
(Revocation of Registration)
Article 17When an organizer of a training session falls under any of the following items, the prefectural governor may revoke the registration thereof or order the suspension of the whole or part of operations pertaining to the registered training session for a specified time period:
(i)when the organizer has come to fall under Article 9, item (i) or (iii);
(ii)when the organizer has violated the provisions in Articles 11 through 13, Article 14, paragraph (1), or the following Article;
(iii)when the organizer has refused a request under the provisions in the items of Article 14, paragraph (2) without legitimate grounds;
(iv)when the organizer has violated an order under the provisions of the preceding two Articles; or
(v)when the organizer has obtained registration referred to in Article 12, paragraph (5), item (iv) of the Act through wrongful means.
(Entries in the Books)
Article 18The organizer of a registered training session must keep books, in which matters concerning the registered training session specified by Ministry of Health, Labour and Welfare Order must be recorded and retain these books, pursuant to Ministry of Health, Labour and Welfare Order.
(Collection of Reports)
Article 19A prefectural governor may have the organizers of registered training sessions report the conditions of operations pertaining to the registered training sessions or their accounting conditions, to the extent necessary for the enforcement of the Act and this Cabinet Order.
(On-site Inspection)
Article 20(1)A prefectural governor may have the employees enter the sites of operations of the organizers of registered training sessions to inspect the status of operations or the books, documents, and other properties, to the extent necessary for the enforcement of the Act and this Cabinet Order.
(2)The employees conducting on-site inspection pursuant to the provisions of the preceding paragraph must carry their identification cards and present them to the relevant persons.
(3)The authority for on-site inspection under the provisions of paragraph (1) must not be construed as being granted for criminal investigation.
(Public Notice)
Article 21In any of the following cases, the prefectural governor must issue a public notice to that effect:
(i)when the prefectural governor has granted registration referred to in Article 12, paragraph (5), item (iv) of the Act;
(ii)when a notification is filed under the provisions of Article 12 or 13; or
(iii)when the prefectural governor has revoked the registration of a registered training session or ordered the suspension of operations pertaining to the registered training session, pursuant to the provisions of Article 17.
(Numbers Specified by Cabinet Order as Referred to in Article 16, paragraph (1) of the Act)
Article 22The number specified by Cabinet Order as referred to in Article 16, paragraph (1) of the Act shall be 300,000 for the business year (from April 1 of the year to March 31 of the following year (if a poultry slaughterer (referring to a poultry slaughterer prescribed in Article 6, paragraph (1) of the Act; the same applies hereinafter) intends to obtain certification in January, February, or March, from April 1 of the year preceding that year to March 31 of that year)) during which the date when the poultry slaughterer intends to obtain certification under Article 16, paragraph (1) of the Act falls ; provided that, if the poultry slaughterer obtains the license under Article 3 of the Act during the business year, the number shall be 25,000 multiplied by the number of months from the month in which the date when the license is obtained falls through to March of that business year (if the date when the license is obtained falls in March, the number of months shall be one).
(Numbers Specified by Cabinet Order as Referred to in Article 16, paragraph (4) of the Act)
Article 23The number specified by Cabinet Order as referred to in Article 16, paragraph (4) of the Act shall be 300,000 for each business year (from April 1 of the year to March 31 of the following year) after the business year in which a poultry slaughterer obtains certification under paragraph (1) of the same Article falls (from April 1 of the year to March 31 of the following year (if a poultry slaughterer obtains certification in January, February, or March, from April 1 of the year preceding that year to March 31 of that year); hereinafter referred to as "business year of certification" in this Article) ; provided that, if the date on which a certified small-scale poultry slaughterer (referring to a certified small-scale poultry slaughterer prescribed in Article 16, paragraph (2) of the Act) obtains the license under Article 3 of the Act falls in the business year of certification, the number shall be 25,000 multiplied by the number of months from the month in which the date when the license is obtained falls through to March of that business year (if the date when the date when the license is obtained falls in March, the number of months shall be one).
(Cases Specified by Cabinet Order as Referred to in Article 17, paragraph (1), item (vii) of the Act)
Article 24The cases specified by Cabinet Order as referred to in Article 17, paragraph (1), item (vii) of the Act shall be the cases where a food sanitation inspector removes a part of a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. (referring to poultry carcass, eviscerated poultry carcass, or poultry meat, etc. prescribed in Article 2, items (ii) through (iv) of the Act; the same applies hereinafter) pursuant to the provisions of Article 28, paragraph (1) of the Food Sanitation Act (Act No. 233 of 1947) or the cases where a livestock quarantine officer or a prefectural livestock health inspector collects and carries out a part of a poultry carcass, eviscerated poultry carcass, or poultry meat, etc. pursuant to the provisions of Article 51, paragraph (1) of the Act on the Prevention of Infectious Diseases in Livestock (Act No. 166 of 1951).
(Qualification Specified by Cabinet Order as referred to in Article 39 of the Act)
Article 25The qualification specified by Cabinet Order as referred to in Article 39 of the Act shall be for the persons who have a license of veterinarian pursuant to the provisions of the Veterinarians Act (Act No. 186 of 1949).
Supplementary Provisions [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of April 1, 1991; provided, however, that, the provisions of Articles 2 and 3 and the provisions of Article 3 of the Supplementary Provisions come into effect as of April 1, 1992.
(Transitional Measures Pertaining to Numbers Specified by Cabinet Order as Referred to in Article 16, paragraph (1) of the Act)
Article 2If a poultry slaughterer who has obtained a license under Article 3 of the Act from April 1, 1991 to March 31, 1992 intends to obtain certification under Article 16, paragraph (1) of the Act during the same period, the number specified by Cabinet Order as referred to in the same paragraph shall be 300,000 for the period from April 1, 1992 to March 31, 1993, notwithstanding the provisions of Article 1.
(Transitional Measures Pertaining to Cases Specified by Cabinet Order as Referred to in Article 17, paragraph (1), item (vii) of the Act)
Article 3From April 1, 1992 to March 31, 1994, "the cases where ... or" in Article 3 shall be replaced with "the cases where ...;" and "or the cases where ..." shall be replaced with "the cases where ...; or the cases where a poultry slaughterer carries out a poultry carcass for the purpose of depositing the poultry carcass with a person who has obtained approval under Article 21, paragraph (1) of the Food Sanitation Act pertaining to business set forth in Article 5, item (xiv) of the Order for Enforcement of the Food Sanitation Act (Cabinet Order No. 229 of 1953), with the permission of the Minister of Health and Welfare."
(Transitional Measures Concerning Penal Provisions)
Article 5Prior laws continue to govern the applicability of penal provisions to acts committed prior to the enforcement of this Cabinet Order.
Supplementary Provisions [Cabinet Order No. 381 of December 25, 1991]
This Cabinet Order comes into effect as of April 1, 1992.
Supplementary Provisions [Cabinet Order No. 223 of July 1, 1994]
This Cabinet Order comes into effect as of the date of promulgation.
Supplementary Provisions [Cabinet Order No. 318 of November 20, 1996 Extract] [Extract]
(Effective Date)
(1)This Cabinet Order comes into effect as of April 1, 1997.
Supplementary Provisions [Cabinet Order No. 505 of December 10, 2003 Extract] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of the date of enforcement of the provisions set forth in Article 1, item (iii) of the Supplementary Provisions of the Act Partially Amending the Food Sanitation Act, etc. (hereinafter referred to as the "Amending Act") (February 27, 2004).
Supplementary Provisions [Cabinet Order No. 189 of April 28, 2006 Extract] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of the date of enforcement of the Companies Act (May 1, 2006).
Supplementary Provisions [Cabinet Order No. 128 of March 31, 2015 Extract] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of April 1, 2015;
(Transitional Measures Concerning Dispositions, Applications, and Other Actions)
Article 4(1)Beyond what is provided for in Article 2, paragraph (1) and paragraph (1) of the preceding Article of the Supplementary Provisions, dispositions of approval, etc. or any other acts conducted prior to the date of enforcement pursuant to the provisions of the respective cabinet orders before amendment by this Cabinet Order (hereinafter referred to as "dispositions and other acts" in this paragraph) or applications for approval, etc. or any other acts already conducted at the time of the enforcement of this Cabinet Order pursuant to the provisions of the respective cabinet orders prior to the amendment by this Cabinet Order (hereinafter referred to as "applications and other acts" in this paragraph), for which persons who handle the administrative affairs pertaining to these acts are different on the date of the enforcement, are deemed as dispositions and other acts or applications and other acts conducted pursuant to the corresponding provisions of the respective cabinet orders amended by this Cabinet Order, with regard to the application of the respective cabinet orders amended by this Cabinet Order on or after the date of enforcement.
(2)Beyond what is provided for in Article 2, paragraph (2) and paragraph (2) of the preceding Article of the Supplementary Provisions, particulars for which procedures such as reporting and notification must be taken with a national or prefectural government organ prior to the date of enforcement pursuant to the provisions of the respective cabinet orders prior to amendment by this Cabinet Order, but for which the procedures have not been taken prior to the date of enforcement, are deemed to be particulars for which procedures such as reporting and notification with the corresponding organ of national or local government must be taken pursuant to the corresponding provisions of respective cabinet orders amended by this Cabinet Order but for which the procedures have not been taken, and the provisions of the respective cabinet orders amended by this Cabinet Order apply.