I hereby promulgate the Food Sanitation Law. Signed: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 Law No.233 CONTENTS OF THE FOOD SANITATION LAW Chapter I General Provisions Chapter II Food and Additional Things Chapter III Apparatus and Containers (and Package) Chapter IV Label Chapter V Inspectiop Chapter VI Business Chapter VII Food Sanitation Committee Chapter VIII Miscellaneous Provisions Chapter IX Penal Provisions Supplementary Provisions Food Sanitation Law Chapter I General Provisions
Article 1. We provide this Law with the odject of preventing sanitary injuries caused by eating and drinking and of improving the public health condition of the country.
Article 2. In this Law, the term "food" shall mean all sorts of articles used for food or dring (by human beings). However, it shall not include anything which is taken as a medicine. In this Law, the term "additional things" shall mean anything which is used by means of addition, mixture or permeation, etc., for the purpose of seasoning, coloring, perfuming, preserving, bleaching, expansion or other treatment of food. In this Law, the term "apparatus" shall mean utensils used for food and beverage, cooking utensils, or machine, implement and any other articles used in collection, manufacture, processing, prepraing, storage, transportation, displaying, delivery or eating and drinking and which come into direct contact with food or additional things. However, it shall not include machine, implement or any other articles used for collection of food in agriculture and fishery. In this Law, the term "container (and package)" shall mean any articles in which food or additional things are contained or any package in which such is packed when offered. In this Law, the term "label" shall mean any letters or graphic matters, written or printed on or accompanying with food, additional things apparatus or container (and package). In this Law, the term "food sanitation" shall mean the hygiene about eating and drinking which is connected with food, additional things, apparatus and containers (and package). In this Law, the term "business" shall mean any undertaking of collecting, manufacturing, processing, preparing, storing or selling food or additional things and of manufacturing or selling of apparatus or container (and package), for profit. However, the planting, cultivation and harvesting of agricultural products and the catching or taking from water of fish and other marine products shall be excluded from this definition. In this Law, the term "business manager" shall mean a person or a juridical person who manages the business.
Chapter II Food and Additional Things
Article 3. Every food or additional things for sale (including all deliveries except the sale to unspecific or many persons;the seme shall apply hereinafter) shall be collected, manufactured, processed, used, prepared, stored, transported, displayed or delivered in the clean and sanitary condition.
Article 4. The following food or additional things shall not be sold (including all cases except the sale to unspecific or many persons;the same shall apply hereinafter), nor be collected, manufactured, processed, used, prepared, stored or displayed for sale: 1. That which is rotten, decomposed or immature;provided that such articles as are deemed generally not injurious to human health nor unfit for food, though rotten, decomposed or immature, shall be exempted from the application of this provision; 2. That which contains or has been contaminated with a poisonous or detrimental substance except when the Minister of Welfare has determined that it is permissible for food; 3. That which is or is suspected to be contaminated by pathogenic micro-organisms and may injure human health; 4. That which may injure human health by causes, such as uncleanliness, mixed or added ingredient or others.
Article 5. Heat, bone, milk, viscera or blood of animals (including cattles, horses, pigs, sheep, goats and other animals designated by order) that are suffering or are suspected to be suffering from diseases designated by the Ministerial Ordinance or have fallen dead, shall not be sold as food, or collected, processed, used, prepared, stored or displayed for sale as food;provided that such meat, bone, or viscera of the dead animal as the official concerned deems not injurious to human health nor unfit for food, shall be exempted from the application of this provision.
Article 6. The chemical synthetic compound intended to be used as an additional thing, or the product or food that contains such chemical synthetic compound shall not be sold, nor manufactured, processed, used, stored or displayed for sale except when Minister of Welfare has determined that it is not injurious to human helath.
Article 7. From the point of view of public health, Minister of Welfare is authorized to set the standards concerning the methods of manufacturing, processing, using, preparing and preserving food or additional things for sale, or to set the identifications concerning the components of such articles. When the standards or the identifications arc once determined according to the provision of the preceding paragraph, it shall be forbidden to manufacture, process, use, prepare or preserve by methods not according with the said standards, to sell food or additional things contrary to such standards, or to manufacture, process, use, prepare, preserve or sell food or additional things not according with the said identifications.
Chapter III Apparatus and Containers (and Package)
Article 8. Apparatus, or containers (and package) used for trade, shall be clean and sanitary.
Article 9. Apparatus or containers (and package) that by reason of containing, or being stained with, poisonous materials may injure human health, or that by reason of being in contact with food or additional things may give the injurious influence to human health, shall not be sold, manufactured for sale, nor be used for trade.
Article 10. From the point of view of public health, the Minister of Welfare is authorized to set the standard or the identification concerning an apparatus or a container (and package) intended to be sold or used for trade, materials thereof and the method of manufacture. When the standard or the identification is once determined according to the provision of the preceding paragraph, it shall be forbidden to sell, manufacture for sale or use for trade any apparatus or container (and package) which is not according with the identification, or to use materials which are not according with the identification, or to manufacture such articles by a method that does not accord with the standard.
Chapter IV Label
Article 11. When considered necessary from the point of view of public health, utensils for food or additional things for sale, or apparatus or containers (and package), the standard or identification of which is prescribed in the preceding Article, shall beer a definite form of labels attached thereon. The classification of food, additional things, apparatus, or containers (and package) which must be labeled according to the provisions of the preceding paragraphs, and other detaile about labeling shall be provided for by Ministerial Ordinance.
Article 12. With respect to food, additional things, apparatus or containers (and package), such labels as may, by reason of being false, misleading or otherwise, injure public health, shall be prohibited.
Article 13. Those who desire to indicate on the label of food or additional things for sale that it is suitable for infants, for invalids or for other special dietary use, shall obtain the approval of the Minister of Welfare.
Chapter V Inspection
Article 14. The Minister of Welfare, or the Prefectural Governor (including the Governor of To or Do) may, from the point of view of public health, conduct the products inspection of food, additional things, apparatus, or containers (and package) for sale. The classification of food, additional things, apparatus, containers (and package) to be given the products inspection according to the provision of the preceding paragraph and the methods procedures and fee of such inspection and other necessary details shall be provided for by Ministerial Ordinance.
Article 15. Food, additional things, apparatus, and containers (and package) which have been inspected in accordance with the provision of Paragraph 1 of the preceding Article and found to be satisfactory shall be labeled to indicate that the lot in question has passed the inspection as designated by Ministerial Ordinance.
Article 16. Food, additional things, apparatus or containers (and package) which is designated to take the products inspection according to the provision of Art.14, Paragraph 1, shall not be sold, displayed for sale or used for trade, without the label indicating that it has passed the said inspection.
Article 17. When deemed necessary, the Minister of Welfare or the Prefectural Governor is authorized to give orders to those who manage business or other persons concerned to present necessary reports, and to make the officials concerned entry into shops, offices, warehouses or other places for trade for inspection to inspect food, additional things, apparatus or containers (and package) intended to be sold or used for trade, establishments for trade, records, books and other matters or to make them collect samples of food, additional things, apparatus, containers (and package) intended to be sold or used for trade without charge within the limit necessary for analysis. The officials concerned shall bring with them the certificates showing their status when they excercise the entry, inspection or collection according to the provision of the preceding paragraph.
Article 18. The Government and each Prefecture shall have respectively a necessary laboratory sufficient enough to carry out the product inspection according to the provision of Art.14, Par.1 and to examine the collected samples of food, additional things, apparatus or containers (and package) according to the provision of the preceding Article, Par.1. Necessary details about the laboratory mentioned in the preceding paragraph shall be provided for by a Ministerial Ordinance.
Article 19. The Government and each Prefecture shall have the system of "food inspectors" to exercise their authorities provided for in Art.17 and to instruct people concerning food sanitation. Food inspectors shall be appointed by the Minister of Welfare or the Prefectural Governor from among the officials of the Government or Prefecture. Food inspector shall not disclose any secret which he has come to know in executing his duties. The preceding prohibition shall also be applicable to the person who has retired from the office of food inspector. The fixed number of members, qualification or other necessary details concerning food inspectors shall be provided for by Ministerial Ordinance, except for those provided for in the preceding three paragraphs.
Chapter VI Business
Article 20. Concerning the establishments of business like restaurant and such business that may give conspicuous influence to public health and designated by the Minister of Welfare, the Prefectural Governor shall provide for the necessary standards for each occupation according to the classification thereof, from the point of view of public health.
Article 21. Any person who desires to carry on the business designated in the preceding Article, shall obtain the permission of the Prefectural Governor in accordance with the provisions of Ministerial Ordinance. In the case of the preceding paragraph, the Governor must issue the permission when he deems that the establishment of business accords with the standard provided for in the preceding Article. The Prefectural Governor is authorized to imit the term of validity of the permission mentioned in Par.1 for not less than 2 years and to attach some other necessary conditions.
Article 22. In case a business manager has violated the provisions of Arts.4 to 6, Art.7, Par.2, Art.9, Art.10, Par.2 or Art.12, the Prefectural Governor is authorized to cause such manager or the officials concerned to cast away such food, additional things, apparatus or containers (and package), to order, them to take adequate measures to eliminate the dangers from the point of view of food sanitation, to cancel the permission mentioned in Par.1 of the preceding Article or to forbid the whole or a part of his operation of business or suspend it fixing the term thereof.
Article 23. In case a business manager has violated the provisions of Art.11, Par.1, Art.13 or Art.16 or the conditions according to the provision of Art.21, Par.3, the Prefectural Governor is authorized to cancel the permission mentioned in Art.21, Par.1 or to forbid the whole or a part of his operation of business or suspend it fixing the term thereof.
Article 24. In case a business manager has violated the standards concerning the establishment of business, mentioned in Art.20, the Prefectural Governor is authorized to order the manager to improve the sanitary conditions of his establishments; to cancel the permission mentioned in Art.2 or to forbid the whole or a part of his operation of business or suspend it fixing the term thereof.
Chapter VII Food Sanitation Committee
Article 25. The food sanitation committee shall be organized investigate and deliberate on the food sanitation problems and its administative procedures, in response to the inquiries from the Minister of Welfare or the Prefectural Governor. Food sanitation committees shall be the Central Food Sanitation Committee and the Local Food Sanitation Committee:the former shall be organized in the Ministry of Welfare and the latter in each Prefecture. The Central Food Sanitation Committee shall be under the control of the Minister of Welfare and the Local Food Sanitation Committee shall be under the control of the Prefectural Governor. The members of the Central Food Sanitation Committee shall be not more than 50 persons, and the members of the Local Food Sanitation Committee shall be not more than 30 persons. If necessary to investigate or discuss upon special problems, pro tempore members may be appointed in the Food Sanitation Committee. The members or the pro tempore members of the Central Food Sanitation Committee or the Local Food Sanitation Committee shall be appointed by the Minister of Welfare or the Prefectural Governor from among officials of the related administrative offices, persons carrying on the business concerning food, additional things, apparatus or containers (and package) or learned and experienced persons. The Food Sanitation Committee shall have a chairman appointed by the mutural election of the members. The members or pro tempore members of the Food Sanitation Committee shall receive his recompense or travelling expenses within the limit of determined budget. In addition to those prescribed in the preceding eight paragraphs, necessary details about the Food Sanitation Committee shall be provided for by Ministerial Ordinance.
Chapter VIII Miscellaneous Provisions
Article 26. The National Treasury shall grant one half on the following expenditures of the Prefecture according to the provisions of the Cabinet Order: 1. The expenditure for collecting samples according to the provision of Art.17, Par.1 (including the case where the same provision applies mutatis mutandis in Art.29, Pars.1 and 2); 2. The expenditure for instituting Food Inspectors according to the provision of Art.19, Par.1 (including the case where the same provision applies mutatis mutandis in Art.29, Pars.1 and 2); 3. The expenditure for granting the permission of business according to the provision of Art.21, Par.1 (including the case where the same provision applies mutatis mutandis in Art.29, Par.1); 4. The expenditure for casting away the violating articles according to the provision of Art.22 (including the case where the same provision applies mutatis mutandis in Art.29, Pars.1 and 2); 5. The expenditure for operating the post-mortem examination according to the provision of Art.28, Pars.1 and 2 (including the case where the same provision applies in Art.29, Par.1); 6. The expenditure for managing the judicial case in accordance with the enforcement of this Law and for making reparation as the result thereof.
Article 27. Any physician who has diagnosed a patient poisoned, or suspected of being poisoned, by a food, an additional thing, an apparatus, or a container (and package) or who has made an autopsy over such corpse, shall immediately report it to the head of the health center near the place where such an accident has happened.
Article 28. The Prefectural Governor is authorized, when he considers it necessary for investigation, to put a corpse of a person whose death was caused, or suspected to be caused, by a food, an additional thing, an apparatus or a container (and package) to a post-mortem examination with the consent of the bereaved family. In the case of the preceding paragraph, if it is deemed that the cause of poisoning cannot be identified without the examination and that, as a result, a serious injury may be caused to the public health, the Prefectural Governor is authorized to put the corpse to the examination, even without the consent of the bereaved family, upon reporting it therto. The provisions of the preceding two paragraphs shall not preclude the judicial enforcement of postmortem examination under the provisions of the Code of Criminal Procedure. In case the corpse is dissected under the provisions of Pars.1 and 2, any one in charge shall take care not to be indecorous to the corpse.
Article 29. The provisions of Art.4, Art.6, Art.7, Arts.9 to 12, Arts.14 to 25, Art.27 and Art.28 shall apply mutatis mutandis to such toys designated by the Minister of Welfare as may iniure the health of infants through the close contact with the latter. The provisions of Arts.8 to 10, Arts.16 to 20 and Arts.22 to 24 shall apply mutatis mutandis to the undertaking not for profit that furnishes food consecutively to unspecific or many persons in such establishments as dormitories, schools or hospitals.
Chpater IX Penal Provisions
Article 30. Any person who has violated the previsions of Art.4 (including the case where the same Article applies in Art.29, Par.1), Art.5 or Art.6 (including the case where the same Article applies in Art.29, Par.1) shall be liable to imprisonment for not more than 3 years or a fine of not more than 50,000 yen. Any person who has committed any offences mentioned in the preceding paragraphs shall be liable to both imprisonment and a fine under circumstances.
Article 31. Any person who comes under any of the following items shall be liable to imprisonment for not more than 6 months or a fine of not more than 5,000 yen: 1. Any persons who has violated the provision of Art.7, Par.2 (including the case where the same Article applies in Art.29, Par.1), Art.9 (including the case where the same Article applies in Art.29, Pars.1 and 2), Art.10, Par.2 (including the case where the same Article applies in Art.29, Pars.1 and 2), Art.12 (including the case where the same Article applies in Art.29, Par.1), Art.16 (including the case where the same Article applies in Art.29, Pars.1 and 2), Art, 19, Par.3 (including the case where the same Article applies is Art.29, Pars.1 and 2), Art.21, Par.1 (including the case where the same Article applies in Art.29, Par.1) or Art.27 (including the case where the same Article applies in Art.29, Par.1); 2. Any person who has violated the standard of sanitary conditions under the provision of Art.20 (including the case where the same Article applies in Art.29, Pars.1 and 2), or the condition under the provision of Art.21, Par.3 (including the case where the same Article applies in Art.29, Par.1); 3. Any business manager (including the persons who furnish food under the provision of Art.29, Par.2) who does not obey the order of the Prefectural Governor according to the provision of Art.22 (including the case where the same Article applies in Art.29, Pars.1 and 2 and the same hereinafter) or Art.24 (including the case where the same Article applies in Art.29, Pars.1 and 2 and the same hereinafter), or any person who has operated business violating the control given by the Prefectural Governor according to the provision of Art.22, Art.23 (including the case where the same Article applies in Art.29, Pars.1 and 2) or Article 24.
Article 32. Any person who comes under any one of the following items shall be liable to a fine of not more than 5,000 yen: 1. Any person who has violated the provision of Art.11, Par.1 (including the case where the same Article applies in Art.29, Par.1) or Article 13; 2. Any person who has refused, disturbed or evaded the exercise of the authority of the officials concerned according to the provision of Art.17, Par.1 (including the case where the same Article applies in Art.29, Pars.1 and 2); 3. Any person who does not present a report or has presented a false report according to the provision of Art.17, Par.1.
Article 33. When a representative of a juridical person, or a deputy, employee or other worker of the juridical person or a person has violated the provisions of the preceding 3 Articles concerning the business of the said juridical person or the person, such a juridical person or person shall, in addition to the punishment of the actor, be liable to a fine under each Article.
Supplementary Provisions:
Article 34. This Law shall come into force as from January 1, 1948.
Article 35. The following Laws and Ordinances shall be abrogated: Law for the Control of Food, Beverages and other Articles (Law No.15 of 1900); Matters concerning the Enforcement of the "Law for the Control of Food, Beverages and other Articles" and "Ordinance concerning the Control of Poisonous Eatables, Drinkables, etc." (Ministry of Welfare Ordinance No.10 of 1947); Regulations for the Control of the Trade in Eatables and Drinkables Ministry of Welfare Ordinance No.15 of 1947); Regulations for the Control of the Trade in Cow's Milk (Ministry for Home Affairs Ordinance No.37 of 1933); Regulations for the Control of the Trade in Refreshing Drinks (Ministry for Home Affairs Ordinance No.30 of 1900); Regulations for the Control of the Trade in Show and Ice (Ministry for Home Affairs Ordinance No.37 of 1900); Regulations for the Control of the Trade in Artificial Saccharine Matters (Ministry for Home Affairs Ordinance No.31 of 1901); Regulations for the Control of Methyl Alcohol (Ministry for Home Affairs Ordinance No.8 of 1936); Regulations for the Control of Injurious Pigments (Ministry for Home Affairs Ordinance No.17 of 1900); Regulations for the Control of Preservatives and Bleaching Materials (Ministry for Home Affairs Ordinance No.22 of 1928); Regulations for the Control of Utensils for Food and Beverages (Ministry for Home Affairs Ordinance No.50 of 1900).
Article 36. Any business manager who has been permitted the operation of business under the provisions of the order based upon the old Law and is operating it at the date of enforcement of this Law, shall be regarded as approved, if this business is the one which requires the permission under the provision of Art.21, Par.1 of this Law.
Minister of Finance KURUSU Takeo Minister of Welfare HITOTSUMATSU Sadayoshi Prime Minister KATAYAMA Tetsu