(Purpose of Law)
Article 1. The purpose of this Law shall be to accelerate the industrial standardization through the promulgation and diffusion of the appropriate and rational industrial standards, and thereby intend the improvement of the qualities of mineral and industrial products, increase of the efficiency of production and other rationalization of production, simplification and fairness in transaction and rationalization of use or consumption, and in the mean time for the purpose of contributing to the increase of public welfare.
(Definition)
Article 2. "Industrial standardization" as used in this Law shall mean the unification or simplification of the following matters throughout the country, and "industrial standard" shall mean the term of the industrial standardization:
(1) Kind, type, shape, dimension, construction, equipment, quality, grade, component, faculty, endurance and safety of the mineral and industrial products (excluding medicines, agricultural medicines, chemical fertilizer, silkyern, foodstuffs and designated agricultural and forestal goods under the Designated Agricultural and Forestal Goods Inspection Law (Lava No.210 of 1948;hereinafter the same));
(2) Method of manufacture, method of design, method of drawing, method of use or original unit of the mineral and industrial products or process of operation or requirement for safety concerning the production of the mineral and industrial products;
(3) Kind, type, shape, dimension, construction, faculty or grade of packing of the mineral and industrial products or method of packing;
(4) Method of experiment, analysis, discernment, inspection, test or measurement concerning the mineral and industrial products;
(5) Terminology, abbreviation, symbol, sign, standard number or unit concerning technics of mineral and industrial products;
(6) Design, method of construction and requirement for safety of building and other construction.
(Japanese Industrial Standards Committee)
Article 3. The Ministry of International Trade and Industry shall have the Japanese Industrial Standards Committee (hereinafter referred to as "the Committee" ).
2 The Committee may, besides investigating and deliberating upon matters put under its competence by this Law, make report in response to the inquiries of Ministers concerned and submit opinions concerning the acceleration of the industrial standardization.
Article 4. The Committee shall have less than 250 commissioners.
2 The commissioners shall be entrusted by the Minister of International Trade and Industry through the recommendation of Ministers concerned from among the persons of knowledge and experience or the officials of the governments agencies concerned.
3 The term of office of the commissioners shall be two years; provided that, they may be released during their term, if there is any special reason.
Article 5. The Committee shall have a chairman selected by mutual vote of the commissioners.
2 The chairman shall preside over the affairs of the Committee.
Article 6. In order to investigate and deliberate upon some special matters, the Committee may have, if necessary, some temporary commissioners.
2 The provision of Article 4 paragraph 2 shall apply correspondingly to temporary commissioners.
3 The temporary commissioners shall resign when they have finished the investigation and deliberation upon the special matters concerned.
Article 7. The Committee may have some technical commissioners.
2 The technical commissioners shall investigate on technical matters by the order of the chairman.
3 The technical commissioners shall be entrusted by the Minister of International Trade and Industry upon the proposal of the chairman.
Article 8. The commissioners, temporary commissioners and technical commissioners shall receive an allowance and travel expenses within the sums of money fixed by budget.
Article 9. General affairs of the Committee shall be dealt with in the Agency of Industrial Science and Technology.
Article 10. Necessary matters concerning the Committee besides those prescribed in preceding 7 Articles, and the National Public Service Law (Law No.120 of 1947) shall be fixed by Ministerial Ordinance.
(Establishment of the Industrial Standards)
Article 11. When the competent Minister intends to establish the industrial standards, he must go through the decision of the Committee.
Article 12. The person concerned may request the establishment of the industrial standards to the competent Minister attaching the original draft, in accordance with the provisions fixed by the Ministerial Ordinance.
2 When the request was made in accordance with the provisions of the preceding paragraph, the competent Minister, after hearing the opinion of the Committee, shall bring the draft of the industrial standards to the Committee, if he deems the industrial standards according to the request necessary to be established, but when he deems it unnecessary to be established, he must notify the fact to the one who made the request, stating the reasons.
Article 13. The Committee shall deliberate upon the draft of the industrial standards by means of the fair procedure fixed by Ministerial Ordinance and shall report the result to the competent Minister.
2 The competent Minister shall establish the industrial standards the draft of which the Committee has reported to be established, if in his opinion the standard is desirable, and the draft reflects the opinion of all parties having a substantial interest and does not discriminate between the persons under the same condition in its application.
(Reaffirmation, Revision and Deletion of the Industrial Standards)
Article 14. The preceding three Articles shall also apply to reaffirmation, revision and deletion of the industrial standards.
Article 15. To make sure that the industrial standards established under the provision of Article 11 are still available, the competent Minister shall bring them before the conference of the Committee, at least, every three years and he must reaffirm, revise or delete them, when he deems it necessary.
(Public Notice)
Article 16. When the competent Minister establishes, reaffirms revises or deletes the industrial standards, he must make public notice of such action.
(Japanese Industrial Standards)
Article 17. The industrial standards established under the provision of Article 11 shall be called the Japanese Industrial Standard.
2 Standards other than those promulgate under the provision of Article 11 shall not be called Japanese Industrial Standard.
(Public Hearing)
Article 18. In case the competent Minister deems it necessary for the industrial standardization, he may seek the views of the persons concerned by holding a public hearing.
2 The Committee or any party having a substantial interest in a standard may request the competent Minister to hold a public hearing on whether or not the standard reflects the opinion of all parties having a substantial interest or discriminates against persons under the same condition in its application.
3 In case the request is made under the preceding paragraph, the competent Minister must hold a public hearing.
4 The competent Minister must consider the facts presented at the hearing and if he considers that a revision of the standard is necessary, he shall refer the standard to the Committee for appropriate recommendation for revision.
5 Necessary matters, besides these prescribed in the preceding four paragraphs concerning the public hearing shall be fixed by Ministerial Ordinance.
(Indication)
Article 19. In case the competent Minister deems it especially necessary, and designates, through the decision of the Committee, items of commodities of the mineral and industrial products, the manufacture may affix on the mineral and industrial products which they manufacture or package and/or container the special certification mark showing that mineral and industrial products fall under the Japanese Industrial Standards, by the permission of the competent Minister.
2 When the competent Minister intends to give the permission mentioned in the preceding paragraph, he must examine the manufacturing equipment, inspection equipment, method of inspection, method of quality control and other technical condition of production necessary to maintain their quality, of the mineral and industrial products according to the application of any manufacturer requesting such action.
3 In accordance with the result of the examination under the provisions of the preceding paragraph, the competent Minister must decide whether he may give the permission or not, and shall not only notify to the applicant the result of the said examination and decision but make a public notice of permitted commodities and the name or title of the applicant.
4 Necessary matters concerning the indication of paragraph 1 shall be fixed by Ministerial Ordinance.
5 With regard to the mineral and industrial products of the items of the commodities designated under the provision of paragraph 1 (hereinafter referred to as "the designated commodities" ), other than manufacturers who obtained the permission under paragraph 1, must not affix the special certification marks which shows that the designated commodities fall under the Japanese Industrial Standards or confusing indication on the designated commodities or their package and/or container dealt with.
(Fee)
Article 20. Any person who desires to ask the permission under the provisions of the preceding Article must pay the fees fixed by Cabinet Order.
(Statement concerning the Indication)
Article 21. Those who deem that the designated commodities with the indication affixed under Article 19 paragraph 1 does not fall under the Japanese Industrial Standards indicated, may state the fact to the competent Minister.
(Inspection)
Article 22. In case the request is made under the provisions of the preceding Article or the competent Minister deems it necessary, he may make his officials enter the plant, business office and other necessary places of the manufacturers who have obtained the permission under Article 19 paragraph 1 and inspect the designated commodities or their raw materials, manufacturing equipment, inspection equipment, method of inspection, method of quality control and other technical conditions of production necessary to maintain their quality.
2 The official who inspects under the provision of the preceding paragraph, must take with him the identification card certifying his position and show it when he is requested by the persons concerned.
Article 23. When the competent Minister, as a result of the inspection under the provision of the preceding Article paragraph 1, deems that the designated commodities with the indication affixed do not fall under the Japanese Industrial Standards indicated, or manufacturing equipment, inspection equipment, method of inspection, method of quality control and other technical conditions of production necessary to maintain their quality, of the permitted mineral and industrial products are unavailable, he may order the manufacturer to modify the indication or to suspense the sale of the designated commodities and/or cancel the permission thereof.
(Public Hearing)
Article 24. In case the competent Minister intends to make disposition under the provision of the preceding Article, he shall beforehand ask the manufacturer concerned or his proxy to appear and hold a public hearing.
2 In case the competent Minister intends to hold a public hearing mentioned in the preceding paragraph, he shall notify the manufacturer concerned by the time a week before the appointed date the reason for the disposition under the provision of the preceding Article and made public the date and place of the public hearing.
3 At the public hearing, the manufacturer concerned or his proxy may give an explanation for his sake and produce favorable evidence.
(Penal Provisions)
Article 25. Those who come under any one of the following items shall be liable to a penal servitude not exceeding one year or a fine not exceeding 100,000 yen:
(1) Those who have violated the provisions of Article 19 paragraph 5;
(2) Those who have violated the disposal under the provision of Article 23.
Article 26. Those who have refused, obstructed or evaded the inspection under the provision of Article 22 paragraph 1 shall be liable to a fine not exceeding 30,000 yen.
Article 27. Any authorized agent of a juridical person or any proxy, employee or any other worker of a juridical or a natural person has committed acts of violation as provided for in the provisions of the preceding two Articles relative to the business of a juridical or a natural person, not only the offender himself, but the juridical or natural person shall be liable to a fine as specified in the same Articles.