(Definition)
Article 1. Agricultural chemicals within the meaning of this Law are fungicides, insecticides, and other chemicals used for the control of pathogenes, nematodes, mites, insects, rodents, or other animals and plants injurious to the crops, (including trees) or agricultural and forestry products.
In the application of this Law, natural enemies utilized for control as prescribed in the preceding paragraph shall be deemed agricultural chemicals.
Manufacturer within the meaning of this Law shall be a person who engages in manufacturing or processing apricultural chemicals for the purpose of selling the same. Importer within the meaning of this Law shall be a person who engages in importing agricultural chemicals for the purpose of selling and delivering the same. Dealer within the meaning of this Law shall be a person, excluding the importer, who engages in selling agricultural chemicals after having obtained the same by transfer. Person engaged in the business of control within the meaning of this Law shall be a person who engages in the business of controlling insects and fungi started in the first paragraph using agricultural chemicals.
(Registration of Manufacturer and Importer of Agricultural Chemicals)
Article 2. Each manufacturer or importer of agricultural chemicals shall not sell the same unless he submits to the Minister of Agriculture and Forestry the application for registration of each agricultural chemical which he has manufactured, processed, or imported.
Application for registration stated in the preceding paragraph shall be performed by submitting a document in which the following items are stated accompanied by a sample of agricultural chemical:
1. Name (in case of a juridical person, the title, and the name of its representative. Hereinafter the same shall be referred to) and residence.
2. Kind, name, and physical and chemical nature of agricultural chemical, and the content of ingredients by each of the effective ingredients and other ingredients.
3. Names of fungi and injurious insects for which agricultural chemicals are to be applied, the directions for application, and results of experiments on the efficacy and harmful effect of agricultural chemicals.
4. Title of the manufacturing plant, and location of the same.
5. As for the agricultural chemical which is to be manufactured or processed by any manufacturer, manufacturing method of the same, and the name of the person responsible for manufacturing.
Minister of Agriculture and Forestry shall, upon the receipt of application mentioned in the preceding paragraph, have the inspecting official of the Agricultural Chemical Inspection Office (hereinafter referred to as inspecting official) inspect a simple of agricultural chemical, and he shall register the agricultural chemical concerned through the decision of Agricultural Chemical Council within two months after the receipt of application, and shall issue a registration card on which the following items have been stated:
1. Number of registration and date,
2. Kind and name of agricultural chemicals,
3. Name of manufacturer or importer,
4. Title and location of manufacturing plant.
In accordance with Ministerial Ordinance Minister of Agriculture and Forestry may, regarding the inspection specified in the preceding paragraph, collect fee from an applicant.
(Notification to Change Statement or to Correct the Defect of Agricultural Chemicals)
Article 3. If as a result of inspection specified in paragraph 3 of the preceding Article there is any false statement in the application prescribed in paragraph 2 of the same Article or if the agricultural chemical concerned is proved to be harmful according to specification, for crops, agricultural and forestry products or the same is found to be harmful to the user of said agricultural chemical, registration shall be withheld notwithstanding the provision of paragraph 3 of the preceding Article and Minister of Agriculture and Forestry shall notify applicant to change statement in the application or to correct the defect of said agricultural chemicals.
In case any applicant who received notification specified in the preceding paragraph does not change statement in the application or correct the defect as notified within one month from the day he received notification, Minister of Agriculture and Forestry shall cancel his application for registration.
Minister of Agriculture and Forestry shall, in case he is to take any disposition regarding the preceding two paragraphs, obtain a decision of Agricultural Chemical Council.
(Appeal for Hearing)
Article 4. Any applicant for registration specified in paragraph 1, Article 2 who has grievance against action specified in paragraph 1 of the preceding Article, may appeal to the Minister of Agriculture and Forestry by formal application for hearing of the case within two weeks from the day he received notification specified in the preceding paragraph.
Minister of Agriculture and Forestry shall, when he received an appeal specified in the preceding paragraph, make his decision within two months after his receipt of all appeal by obtaining an approval of Agricultural Chemical Council and if the said appeal is deemed valid, registration card shall be issued immediately to the applicant concerned and in case the appeal is deemed invalid applicant shall be notified to that effect.
In case any applicant who appealed for hearing of the case does not change statement in the application or correct the defect in accordance with the notification mentioned in par.1 of the preceding Article within one month from the day he received notification prescribed in the latter part of the preceding paragraph, Minister of Agriculture and Forestry shall cancel his application for registration.
(Term of Validity of Registration)
Article 5. Term of validity of registration specified in Article 2 shall be three years. However, if any change is made in item 2, paragraph 2, Article 2, registration shall automatically become null and void.
(Change in Statement)
Article 6. Any person who received registration specified in Article 2 shall, if any change is made in any item or items as prescribed in items 1, 3, 4&5, paragraph 2, Article 2, notify Minister of Agriculture and Forestry to that effect attaching reason not later than two weeks after the said change is made.
(Label of Agricultural Chemicals by Manufacturer or Importer)
Article 7. Each individual container or package of agricultural chemical manufactured, processed, or imported shall bear a label in a conspicuous place containing the following infornmtion:
2. Kind, name, quantity of contents, and physical and chemical nature of agricultural chemical, and the contents of ingredients by each of the effective ingredients and other ingredients.
3. Names of fungi and injurious insects for which agricultural chemicals are to be applied, and the directions for dilution and use of agricultural chemical.
4. If the agricultural chemicals are poisonous to men and live-stock, a statement to that effect, and name of the antidote of the same.(In case no antidote exists, state that fact.)
5. As for the agricultural chemicals in danger of ignition, explosion, or harmful to skin, statement to that effect
6. Items to be cautioned about its storage and application.
7. Name of manufacturing plant.
8. Date of manufacturing and packing with respect to the agricultural chemicals manufactured or processed by the manufacturers.
(Report by Dealer)
Article 8. Any dealer shall report the following items, by each business office to the prefectural governor under whose jurisdiction the location of the said business office exists:
2. The business office concerned.
3. Classification, by wholesaler or retailer.
In cases where any alteration has been made in the information required in 1, 2 and 3, the same shall be reported as in the same paragraph.
Reports required above shall be submitted within and not later than two weeks in each of the following cases:when business has been opened anew;when more business effices have been established;when any alternation has been made as specified in the first paragraph.
(Label of Agricultural Chemical by Dealer)
Article 9. Any dealer shall not sell any agricultural chemical, without label on the container or packing as prescribed in Article 7 (in case dealer sells agricultural chemical by dividing its contents, each package shall bear said label besides name of dealer).
(Books)
Article 10. All manufacturers, importers, and dealers shall keep complete books stating truthfully and perfectly for manufacturers and importers the amounts of chemicals manufactured, imported, or transferred and the name of party to whom the chemicals were transferred, and for dealers, the amount of chemicals obtained by transfer and the amount of chemicals transferred. There books shall be kept available for inspection at least for three years.
(Report by Person engaged in the Business of Control of Insects and Fungi)
Article 11. Any person who contemplates to engage in the business of control of insects and fungi shall notify the Minister of Agriculture and Forestry of the following items:
4. Method of controlling, and kinds of agricultural chemicals to be used for business of controlling.
As to the reports required above, provisions of paragraph 2 and 3 of Article 8 shall apply with necessary modifications.
(Supervision over Person engaged in the Business of Control)
Article 12. If the method of control reported as prescribed in the preceding Article or use of the agrictiltural chemical is found to be injurious to agricultural crop, or agricultural and forestry products, Minister of Agriculture and Forestry shall, by obtaining a decision of Agricultural Chemical Council, instruct person contemplating the business of control to change the planned method of control or refuse the use of said agricultural chemical.
Any person who has grievance against decision specified in the preceding paragraph may lodge his complaint against the Minister of Agriculture and Forestry in writing within two weeks from the day he received the notification of his decision.
Minister of Agriculture and Forestry shall, upon the receipt of the complaint, make a decision within two weeks from the day he received complaint through the decision of the Agricultural Chemical Council, and if the complaint is deemed valid, disposition specified in the first paragraph shall immediately be nullified. If the complaint is deemed invalid the notification to that effect shall be issued to complainant.
(Control of Registered Agricultural Chemicals)
Article 13. Minister of Agriculture and Forestry may cause any manufacturer, importer, dealer, or any person who engages in the business of control of insects and fungi to submit a report on the business or he may cause the inspecting official to collect a necessary quantity of agricultural chemical or the raw material thereof from the person concerned for inspection specified in Article 14 or he may cause the inspecting official to enter the necessary places, and inspect the conditions of the business, books, documents, or any other necessary matter. However, in cases where he causes the inspecting official to collect agricultural chemicals or the raw materials thereof, payment shall be made for in accordance with the current prices.
In the case pursuant to the provisions of the preceding paragraph, the inspecting official shall show the certification of identification upon the demand of any person whose premises or business house is entered.
Article 14. Minister of Agriculture and Forestry shall, in accordance with method of inspection set forth by him, cause inspecting officials to inspect agricultural chemicals. If as a result of such inspection evidence of false statement has been discovered in the label provided for in the provisions of Article 7 or 9, Minister of Agriculture and Forestry shall prohibit or suspend the sale or nullify the registration provided for in Article 2 by obtaining the decision of the Agricultural Chemical Council.
In case of the preceding paragraph, provisions of paragraphs 2 and 3, Article 12 shall apply with necessary modifications.
(Agricultural Chemical Inspection Office)
Article 15. For the purpose of inspecting agricultural chemicals, Agricultural Chemical Inspection Office shall be established within the Ministry.
Minister of Agriculture and Forestry may establish branch of Agricultural Chemical Inspection Office in the district where he deems it necessary.
Necessary matters pertaining to the personnel of Agricultural Chemical Inspection Office shall be decided by Cabinet Order.
(Agricultural Chemical Council)
Article 16. Agricultural Chemical Council shall consist of committee members ranging from 15 to 20 persons.
Committee members shall be appointed by the Minister of Agriculture and Forestry from among men of learning and experience.
Minister of Agriculture and Forestry may appoint executive secretary for Agricultural Chemical Council to keep the minutes and arrange the proceedings of the Council.
In addition to the provisions prescribed in this Law, necessary matters concerning the Agricultural Chemical Council shall be prescribed by Ministerial Ordinance.
(Penal Provisions)
Article 17. Any person who comes under any of the following items shall be liable to a penal servitude of not more than a year or a fine not more than 10,000 yen. However, in cases where the amount of money obtained on account of an act of contravention is more than 10,000 yen, a fine not more than total profit or equivalent shall be imposed:
1. Any person who is in contravention of the provisions of Article 2, Par.1, Article 7 or Article 9.
2. Any person who is in contravention of the provisions of Article 12, Par.1.
3. Any person who disobeys instruction to prohibit or suspend sale specified in Article 14, Par.1.
Article 18. Any person who comes under any of the following item shall be liable to a penal servitude of not more than six months or a fine not more than 5,000 yen:
1. Any person who is in contravention of the provisions of Article 6, Article 8, Par.1 or 2, Article 10, Article 11 Par.1 or 2.
2. Any person who neglects to submit a report in accordance with the provision of Article 13, Par.1 or any person who submits any false report or any person who refuses, obstructs, or evades collection or inspection in accordance with the provisions of the same paragraph.
Article 19. In cases where any representative of any juridical person, or any agent, any employee, or any other operative of any juridical person or of any person commits any act of violation of the provisions of the two preceding articles in connection with the business of the said juridical person or of the person, in addition to the penalty imposed upon the actual offender, the monetary penalty prescribed in respective Article of this Law shall be imposed upon the said juridical person or the said person.
Article 20. Whole or part of any agricultural chemical relating to the crimes specified in Article 17, which is being owned or possessed by offender of the crime, may be confiscated. This provision shall also apply to the case where any person other than the offender who has acquired the said agricultural chemical in mala fide after the crime had been committed.
In the case of the preceding paragraph, if whole or part of the said agricultural chemical can not be confiscated, the owner or the possessor shall pay money equivalent to the value of the said chemical.