I hereby promulgate the Control Law on the Business of Poison and Powerful Agent.
Signed:HIROHITO, Seal of the Emperor
This eighteenth day of the twelfth month of the twenty-second year of Showa (December 18, 1947)
Prime Minister KATAYAMA Tetsu
The Control Law on the Business of Poison and Powerful Agent
Article 1. The control over the business of poison and powerful agent shall be governed by this Law.
Article 2. In this Law, the poison or powerful agent shall mean the agent for use other than medical treatment which is of poisonous or powerful character and which the Minister of Welfare designates.
In this Law, the business of poison or powerful agent shall mean manufacture, import or sale by trade of poison or powerful agent.
Article 3. The person who wishes to engage in the sale of poison or powerful agent shall be authorized by the Governor of metropolis, district of urban or local prefecture, where he has his leading business office, provided the person regulated in latter Sentence of Paragraph 2, shall be exempted.
The person who wishes to engage in the manufacturing or importing of poison or powerful agent, shall report to that effect to the Governor of a metropolis, district, urban or local prefecture, where he has his leading business office. In case such as pharmacist, or the manufacturer, dealer of import and sale or seller, who is a pharmacist himself or employes a pharmacist, of medicines and drugs, wishes to engage in the sale of poison or powerful agent, the same as mentioned above shall apply.
Article 4. The person who is engaging in the business of poison or powerful agent shall employ the business manager in every business office, who is authorized by the Governor of a metropolis, district or urban or local prefecture, where he has his business office, with purpose of handling poison or powerful agent about his business, provided that it shall not apply to the case where the person who is engaging in the business or poison or powerful agent who does not come under any of the items of Art.5, Par.1 handles poison or powerful agent himself, with authorization of the Governor of a metropolis, district, or urban or local prefecture where he has his business offices.
Article 5. A person falling under any of the following items, may not become the business manager:
1. Minor, interdictioner, quasi-incompetent person.
3. Deaf, dumb, or blind person.
4. A person who has been condemned to a penulty more than a fine on the charge of illegar conduct above the business of poison or powerful agent.
The matters regarding the qualification of the business manager, except as provided for in the preceding paragraph, shall be determined by the Minister of Welfare.
Article 6. In case the person who is engaging in the business of poison or powerful agent has changed the location of his business office, closed a part or all of his business, died, or dissolved, he shall report to that effect to the Governor of a metropolis, district or urban or local prefecture, where he has his business office.
Article 7. The person who is engaging in the business of poison or powerful agent shall not sell poison or powerful agent at any place except his business office, provided that it shall not apply to the case and when he has been authorized by the Governor of a metropolis, district or urban or local prefecture, where he has his bnsiness-office.
Article 8. The person who is engaging in the business of poison or powerful agent, shall not only put in a solid container or wrapper, but also store or exhibit poison or powerful agent at a safe place.
The person who is engaging in the business of poison or powerful agent shall demonstrate a decided sign on a container or wrapper and at the place of store or exhibition of poison or powerful agent, and on the implements to handle poison or powerful agent.
Article 9. With regard to the poison or powerful agant necessary for farming, which the Minister of Welfare designates, the person who is engaging in the business of poison or powerful agent shall not deliver it to any other person, without colouring it in accordance with the method determined by the Minister of Welfare.
Article 10. The person who is engaging in the business of poison or powerful agent may deliver the poison or powerful agent to the other person, only in case he obtains a written document which is signed, sealed and with the entry of the address and occupation of the latter, in addition to date of delivery, name of article and quantity of the poison or powerful agent to be delivered (in case of a juridical person, its name or trade name and the site of the business office), certifying intention to use it for any occupation, researching, or other equitable reasons.
The person who is engaging in the business of poison or powerful agent shall keep the document prescribed in the preceding paragraph for five years.
Article 11. The person who is engaging in the business of poison or powerful agent shall not deliver poison or powerful agent to any person under fourteen years of age.
Article 12. The Governor of a metropolis, district, or urban or local prefecture may cause the competent official to inspect the place of manufacture, import, store, exhibition or sale of poison or powerful agent, question to the interested person, examine the books, documents or other regarding poison or powerful agent, or gain free of charge the minimum quantity necessary to examine, if it deemed necessary.
In the case of the preceding paragraph, the competent official shall bring the certificate for status with him.
Article 13. In case the manufacture or importer of poison or powerful agent, or his business manager has committed a crime or conducted illegal act with his business, the Minister of Welfare may prohibit has business or suspend it for the period which he may fix.
In case the person who is engaging in the sale of poison or powerful agent or the business manager has committed a crime or conducted allegal act with his business, the Governor of the metropolis and district or urban or local prefecture may cancel his authorization mentioned in Art.3 Par.1 or Art.4, prohibit the business of the person who is engaging in the business of poison or powerful agent or suspend it for the period which he may fix.
In case the business manager or the person who is engaging in the business of poison or powerful agent who had been authorized according to the provisions of proviso, Art.4, comes under either of the items mentioned in Art.5 Par.1, the Governor of a metropolis, district, or urban local prefecture shall cancel his authorization mentioned in Art.4 for him.
Article 14. Except as provided for in this Law, necessary matters concerning the enforcement of the control of poison or powerful agent shall be determined by the Minister of Welfare.
Article 15. Any person falling under either or the following items shall be subject to a penal servitude not exceeding three years or a fine not exceeding \50,000:
1. A person who was carried on the business of poison or powerful agent by trade without the authorization provided in Art.3, Par.1, or report provided in Par.2.
2. A person who has violated the provisions of Arts.4, 7, 9, or 11.
3. A person who has violated the provisions of Art.8 Par.1, or has not demonstrated or made a false sign mentioned in Par.2 of the same Article.
4. A person who has delivered poison or powerful agent to any other person, without obtaining the statements regulated in Art.10 Par.1, or despite knowing enough not to use it for any occupation researching or any equitable reasons.
5. A person who has gained poison or powerful agent, making a false entry in the document as provided in Art.10 Par.1, or making a false statement about its use.
6. A person who has engaged in the business during the period of prohibition or suspention of the business in the provisions of Art.13 Par.1 or Par.2.
A person who has committed the crimes under either of the clauses of the preceding paragraph, shall be subject to both the penal servitude and the fine according to the circumstances.
Article 16. Any person falling under either of the following items shall be subject to a fine not exceeding \5,000:
1. A person who has neglected the report in the provisions of Art.6.
2. A person who has violated the provisions of Art.10, Par.2.
3. A person who has not answered or made a false statement to the question of the competent officials, or has refused, hindered or evaded the inspection, researching or confiscation of the component officials as provided in the provisions of Art.12 Par.1.
Article 17. If any representatives of a juridical person or a substitute or employee of a juridical person or a person within the scope of his employment violates the provisions of the preceding two Articles applying to the business of the juridical person or person, not only the offender shall be punished, but also the juridical person or person may be subject to a fine according to the provisions of every Article as mentioned above.
Supplementary Provisions:
Article 18. This Law shall come into force as from January 1, 1948.
Article 19. All the dispositions or other conducts as taken before the enforcement of this Law regarding the business man of poison or powerful agent or the technical employees according to the provisions of the Home Ministry Ordinance No.5 of 1912 concerning the Control over the Business of Poison or Powerful agent shall be deemed as these taken regarding the seller of poison or powerful agent or the business manager at the business office according to the respective provisions of this Law or the Order issued on the basis of it.
Article 20. The person who is manufacturing of importing by trade of poison or powerful agent at the day of enforcement of this Law may continue his business of manufacturing or importing, during the period of one month from the day as mentioned above, despite the provisions of former sentence of Par.2 of Art.3.
Article 21. The person who is engaging in the business of poison or powerful agent as on the date of enforcement of this Law and who does not employ the technical employee at his business office who is deemed as the business manager according to the provisions of Art.20 may continue his business, for one year only from the date of enforcement of this Law, despite provisions of Art.4.