I hereby promulgate the Control Law of Certain Preparations other than Medicines, etc.
Singed:HIROHITO, Seal of the Emperor
This twenty-fourth day of the twelfth month of the twenty-second year of Showa (December 24, 1947)
Prime Minister KATAYAMA Tetsu
The Control Law of Certain Preparations other than Medicines, etc.
Article 1. The control of certain preparations other than medicines and the control from the standpoint of sanitation of cosmetics shall be regulated by this Law.
Article 2. The preparations other than medicines, shall, in this Law, mean preparations manufactured or sold, being stated to have the effect falling under each of the following items by virtue of chemical reaction (excluding articles regulated by Pharmaceutical Law):
1. To change skin tissue or prevent offensive body odors;
2. To prevent hair-falling, hair-growing, hair-removing and hair-dyeing;
3. To change habits of drinking, smoking and other related matters;
4. To prevent or exterminate rats, flies, mosquitos, fleas and other insects and rodents (excluding articles used for Agriculture).
Cosmetics shall, in this Law, mean all the articles intended to be rubbed, poured, sprinkled or spread on, or otherwise to the human body or any part thereof, promoting the structures, altering the appearance or suppressing the function of tissue of human body.
Article 3. Any person who wants to engage in the business of manufacturing (including sub-dividing and finishing, hereinafter the same) certain preparations other than medicines shall first make an application for licence with sample to the urban or prefectural governor exercising jurisdiction of the site of his main business address, stating name of the article, name of materials, quantity of materials included, direction of use, dose and statement of virtues.
Any person who wants to engage in the business of manufactureing cosmetics (including sub-dividing and finishing, hereinafter the same) shall first file the notification, with sample, to the urban or prefectural governor exercising jurisdiction of the site of his main business address, stating name of the article, name of materials, quantity of materials included, direction of use, dose and statement of virtues.
Article 4. No person shall manufacture or otherwise produce certain preparations other than medicine and cosmetics which do not conform to the standard required for certain preparations other than medicines and cosmetics which are set by the Minister of Welfare.
Article 5. If any manufacturer of certain preparations other than medicines and cosmetics establishes any manufacturing, sub-dividing or finishing plant other than his main business office or changes or abolishes the manufacturing, sub-dividing or finishing plant, he shall file the notification thereof to the urban or prefectural governor exercising jurisdiction over the site of his main place of business, or over the site of his manufacturing, sub-dividing or finishing plant.
Article 6. The manufacturer of certain preparations other than medicines and cosmetics shall in accordance with the provisions of the order, state clearly, on the container or label of certain preparations other than medicines and cosmetics, a regular indication.
No person shall make false entry in the indication mentioned in the preceding paragraph, or entry false description on the containers or label of certain preparations other than medicines and cosmetics.
Article 7. The urban or prefectural governor may prohibit the sale of certain preparations other than medicines and cosmetics for those which are deemed not to conform to the standard provided for in in Art.4, to degenerate or to deteriorate, or specially to otherwise cause bodily harm or other damage.
Article 8. The urban or prefectural governor may prohibit whole or part of business or suspend the same for a period determined by him, in cases where the manufacture is made in violation of the conditions given with the licence referred to in Art.3, Par.1, or in cases where he deems it specially to cause bodily harm or other damage.
Article 9. The urban or prefectural governor may cause the competent officials to enter or examine any place of manufacturing, storing, exhibiting or selling certain preparations other than medicines and cosmetics or to collect cost-free any necessary quantity for full examination, in cases where deemed not to conform to the standard provided for in Art.4, or to cause bodily harm or other damage.
In the case of the preceding paragraph, the official cercerned shall carry with them the certificate cards showing their status.
Article 10. In addition of those provided for in this Law necessary matters for the operation of control of certain preparations other than medicines and cosmetics, shall be determined by the Minister of Welfare.
Article 11. Any person falling under either of the following items shall be subject to penal servitude not exceeding three years or to a fine not exeeding 50,000 yen:
1. A person who has manufactured certain preparations other than medicines in contravention of the provisions of Art.3, Par.1 or Art.4;
2. A person who has violated the provisions of Art.6;
3. A person who has engaged in the sale or business during the period of the prohibition as provided for in Art.7 or the prohibition or suspension of the business in the provisions of Art.8.
Any person who commits a crime of each item of the preceding paragraph shall, according to the state of circumstances, be subject to penal servitude and to a fine additionally.
Article 12. Any person falling under either of the following items shall be subject to a fine not exceeding 5,000 yen:
1. A person who has neglected to file the notification referred to in the provisions of Art.3, Par.2 or Art.5 or filed falsely.
2. A persons who has refused, hindered or evaded in examination, inspection or collection cost free by the officials concerned as provided for in Art.9.
Article 13. In cases where any representative of a juridical person, juridical person or any deputy or employee of a person or an individual or other person engaged in business, has violated the provisions of Art.11, Par.1 or the preceding Article, with regard to the business of the juridical person or the person, the said juridical person or the said person, not to speak of the offender, shall be punished with a fine as provided for in each Articles.
Supplementary Provisions:
Article 14. This Law shall come into force as from January 1, 1948.
Article 15. The permissions and other dispositions made in accordance with the provisions of Ministry for Home Affairs Ordinance No.25 of 1932 concerning the Control Regulation over the Certain Preparations other than Medicines, before the enforcement of this Law, shall be regarded as the permissions and other dispositions in accordance with the corresponding provisions of this Law, or orders issued according to this Law.