(Purpose)
Article 1. The purpose of this Law is to establish a standard for, register, inspect, etc., the fertilizer in order to preserve the quality and to secure a fair transaction of the fertilizer and, thereby, to contribute to the maintenance and enhancement of agricultural productivity.
(Definition)
Article 2. The "fertilizer" in this Law shall mean any substance that is applied to or intended to be used on the soil with the object of producing any chemical change in the soil for the purpose of promoting the growth of plants and contributing to cultivation of plants.
2 The "special fertilizer" in this Law shall mean rice bran, compost and any other fertilizer to be designated in a Ministerial Notification by the Minister of Agriculture and Forestry:the "ordinary fertilizer" shall mean any fertilizer other than the "special fertilizer" .
3 The "guaranteed content of ingredient" in this Law shall mean a minimum content of main ingredients (this shall mean main ingredients established in the Annexed Table by each kind of fertilizers;hereinafter the same) in term of percentage, guaranteed by a producer, importer or dealer for each ordinary fertilizer produced, imported or sold by him.
4 The "Producer" in this Law shall mean any person who engages in the production (including mixing, processing and collection) of the fertilizer as a business;(hereinafter the same);the "importer" shall mean any person who engages in the importation of the fertilizer as a business;and the "dealer" shall mean any person who engages in the selling of the fertilizer as a business and who is neither a producer nor an importer.
(Official Standard)
Article 3. The Minister of Agriculture and Forestry shall establish standards (hereinafter referred to as "official standards" ) on the minimum content of main ingredients, permissible maximum content of injurious ingredients, and other necessary matters by each sub-classification of ordinary fertilizers.
2 In case the Minister of Agriculture and Forestry intends to establish, change or abolish the official standards, he shall issue a public notice to that effect at least thirty days ahead of the date of taking such action.
(Obligation to Receive Registration Certificate)
Article 4. Any person who intends to engage in the production of ordinary fertilizer as a business shall receive a registration from the Minister of Agriculture and Forestry with respect to the brand of fertilizer enumerated in items (1) to (3) inclusive, or from the governor of To, Do, Fu or prefecture under whose jurisdiction the place of production is located, with respect to the fertilizer enumerated in item (4) by each brand of registered fertilizer;provided, however, that this shall not apply to any ordinary fertilizer for which an official standard has not been established:
(1) Any ordinary fertilizer produced through chemical process (excluding calcium fertilizer);
(2) Any ordinary fertilizer produced through the process other than chemical one and of which other ingredients than nitrogen, phospheric acid, potash, lime and magnesia are guaranteed as main ingredients;
(3) Any mixed fertilizer prepared from one or more ordinary fertilizers specified in the preceding two items, as its mixing materials;
(4) Any ordinary fertilizer (including calcium fertilizer) other than these provided in the preceding respective items.
2 Any person who intends to engage in the import of ordinary fertilizer shall receive a registration from the Minister of Agriculture and Forestry by each brand of fertilizers concerned. However, this shall not apply to the case of any ordinary fertilizer for which no official standard has been established.
(Obligation to Receive Provisional Registration)
Article 5. Any person who intends to engage in the business of production or import of any ordinary fertilizer for which no official standard has been established, shall receive the provisional registration for the fertilizer concerned from the Minister of Agriculture and Forestry by each brand thereof.
(Application for Registration and Provisional Registration)
Article 6. Any person who intends to receive the registration shall submit to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture, in accordance with the procedures provided for in the Ministerial Ordinance, a written application, stating therein the following informations and attaching thereto a sample of each fertilizer to be registered or registered provisionally:
(1) Name and address (as to a juridical person, its name, name of its representative and location of its main office;hereinafter the same);
(3) Amount of guaranteed ingredients;
(4) As to producer, name and location of business place of production;
(5) Locations of business place of selling, and of storage facilities;
(6) As to, provisional registration, method of application of the fertilizer and results of experiment by cultivation.
2 Any person who applies for registration or provisional registration shall pay the fee to be fixed by the Ministerial Ordinance within the limits of \2,000.
(Registration)
Article 7. The Minister of Agriculture and Forestry or any governor of To, Do, Fu or prefecture shall, upon receipt of an application for registration under paragraph 1 of the preceding Article, cause the competent officials to investigate the statements in the application and a sample of the fertilizer concerned and shall register the same if he has confirmed that the fertilizer concerned meets the requirements of official standards, and that the name of the fertilizer concerned does not violate the provisions of Article 26 paragraph 2.
(Provisional Registration)
Article 8. The Minister of Agriculture and Forestry shall, upon receipt of an application for provisional registration under the provision of Article 6 paragraph 1, cause the competent officials to investigate the statements in the application and a sample of the fertilizer concerned;provided, however, that if the provisional registration of the fertilizer concerned, for which a provisional registration has been applied and has already been cancelled in accordance with the provision of paragraph 2 of the next Article, the Minister of Agriculture and Forestry may reject such application without investigation.
2 In the case of the investigation under the provision of the preceding paragraph, the Minister of Agriculture and Forestry shall effect a provisional registration of the fertilizer concerned, if he deems that the fertilizer concerned is same or similar to the nearest kind of fertilizer for which an official standard has been established with respect to its content of main ingredients and effectiveness according to both results of experiment by cultivation as stated in the application and of chemical analysis by the competent officials, and, furthermore, that the name of the fertilizer concerned does not violate the provisions of Article 26 paragraph 2.
Article 9. The Minister of Agriculture and Forestry shall, if he deems that the result of experiment as specified in the application is true as a result of an experiment on effectiveness of the provisionally registered fertilizer conducted by the Ministry of Agriculture and Forestry, establish official standard therefor in accordance with the provisions of Article 3 and register the fertilizer concerned without delay.
2 The Minister of Agriculture and Forestry shall, if he deems that the result of experiment specified in the application is not true as a result of the experiment under the preceding paragraph, cancel the provisional registration of the fertilizer concerned even during the effective period of the said provisional registration.
3 Any person whose provisional registration has been cancelled in accordance with the provisions of the preceding paragraphs shall return the provisional registration certificate to the Minister of Agriculture and Forestry without delay.
(Registration and Provisional Registration Certificates)
Article 10. The Minister of Agriculture and Forestry of governor of To, Do, Fu, or prefecture shall, when he has registered or provisionally registered any fertilizer, issue a registration or provisional registration certificate, stating therein the following informations, to the person who has received the said registration, or provisional registration:
(1) Registration number and date of registration (in the case of provisional registration, provisional registration number and the date of provisional registration);
(2) Effective period of registration or provisional registration;
(5) Guaranteed content of ingredients;
(6) As to producer, name and location of the business place of production.
Article 11. Any person who has received registration or provisional registration shall keep the registration or provisional registration certificate at the business place of production in the case of a producer, and at the main office in the case of an importer, and copies thereof shall be kept at other places of business at the same time.
(Effective Period of Registration and Provisional Registration)
Article 12. Effective period of registration shall be three years and effective period of provisional registration one year.
2 The effective period of the registration or provisional registration specified in the preceding paragraph may be renewed through application;provided, however, that the renewal of the provisional registration shall be limited to the case where it is impossible to render decision on the effectiveness of the fertilizer according to the experiment on fertilizer's effectiveness under Article 9 paragraph 1 within the said effective period.
3 Any person who intends to renew the registration or provisional registration shall submit a written application, stating therein the informations enumerated in each item of Article 6 paragraph 1, together with the registration or provisional registration certificate, to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture in accordance with the procedures provided for in the Ministerial Ordinance.
4 Any person who intends to receive the renewal of the effective period of registration of provisional registration shall pay the fee to be fixed by the Ministerial Ordinance within the limit of \1,000.
(Duty of Reporting by Those who Received the Registrations or Provisional Registrations)
Article 13. Any person who has received the registration or provisional registration shall, in case any change has occurred in any of the informations enumerated below, report to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture of the said change and the date thereof in accordance with the procedures provided for in the Ministerial Ordinance within two weeks from the date of such change, and shall, in case any change has been made in any of the informations entered in the registration or provisional registration certificate, apply for the issuance of a revised registration or provisional registration certificate:
(1) Name or address (in the case of a juridical person, its name, name of its representative, or location of its head office);
(2) As to producer, name or location of the business place of production;
(3) Location of business place of selling or of storage facilities.
2 Any person who has succeeded to the position of a person in receipt of registration or provisional registration by the amalgamation of juridical persons or by succession shall report to that effect to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture within two weeks from the date thereof in accordance with the procedures provided for in the Ministerial Ordinance, and apply for the issuance of a revised registration or provisional registration certificate.
3 Any person who has lost or soiled the registration or provisional registration certificate shall report to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture to that effect in accordance with the procedures provided for in the Ministerial Ordinance, and apply for the reissuance thereof.
4 Any producer or importer who intends to change the name of the ordinary fertilizer concerned shall report thereof to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture in accordance with the procedures provided for in the Ministerial Ordinance and apply for the issuance of revised registration or provisional registration certificate.
5 When a juridical person in receipt of registration or provisional registration has been dissolved, the liquidator thereof shall report to that effect to the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture within two weeks from the date of dissolution.
6 When any person who has received registration or provisional registration has discontinued his business of production or import of the fertilizer concerned he shall report to that effect to the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture within two weeks from the day on which the said discontinuance was made.
(Invalidation of Registration or Provisional Registration)
Article 14. Registration or provisional registration shall lose its validity in case it comes under any of the following items:
(1) When the liquidation is completed, in case the juridical person who received the registration or provisional registration has been dissolved;
(2) When any person who has received registration or provisional registration discontinued his business of production or import of the fertilizer concerned and report therefor has been submitted to the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture;
(3) When any producer registered with the governor of To, Do, Fu or prefecture moved his place of production of the fertilizer concerned to other To, Do, Fu or prefecture.
Article 15. In case an effective period of the registration or provisional registration has expired or in case the registration or provisional registration has lost its validity in accordance with the provision of the preceding Article, any person who has received registration or provisional registration (or in the case of item (1) of the preceding Article, a liquidator) shall report the reasons for invalidation and the date thereof together with the registration or provisional registration certificate, without delay, to the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture.
(Public Announcement concerning Registration and Provisional Registration)
Article 16. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture shall, in case a registration or provisional registration has been effected, or the effective period of the registration or provisional registration has been renewed or a registration or provisional registration has become invalid in accordance with the provision of Article 14, or has been cancelled in accordance with the provision of Article 31 paragraph 1 or 2, make a public announcement of the following informations:
(1) Registration or provisional registration number;
(3) Guaranteed content of ingredients;
(4) Name and address of a producer or an importer.
2 Any governor of To, Do, Fu or prefecture shall, without delay, notify the Minister of Agriculture and Forestry and all other governors of To, Do, Fu and prefectures of the said informations announced publicly.
(Guarantee Label of Producer and Importer)
Article 17. Any producer or importer shall, in case he has produced or imported any ordinary fertilizer, affix or attach, without delay, the producer's or importer's guarantee labels, stating therein the following informations to the outside of the container or the package of the fertilizer concerned (as to a fertilizer in bulk, to each lot or pile of fertilizer;hereinafter the same) in accordance with the Ministerial Ordinance. The same shall apply to the case where the guarantee label has been lost or destroyed, or the informations thereon became obscure while the fertilizer concerned is in his possession or custody:
(1) The words indicating a producer's or importer's guarantee label;
(3) Guaranteed content of ingredients;
(4) Name and address of producer or importer;
(5) Date of production or importation;
(6) As to producer, the name and location of the business place of production;
(8) Registration or provisional registration number;
(9) As to the fertilizer registered provisionally, proper indication to that effect.
(Dealer's Guaranteed Label)
Article 18. In case any dealer opens or changes the container or package or packs the same, he shall, without delay, affix or attach a dealer's guarantee label, stating therein the following matters to the outside of the container or the package of the fertilizer concerned in accordance with the Ministerial Ordinance. The same shall apply to the case where any person has received an ordinary fertilizer without producer's, importer's and dealer's guarantee label or substandard fertilizer label specified in paragraph 4 of the next Article (hereinafter referred to as "guarantee label" ) or with the guarantee label with the obscured informations or to the case where the guarantee label has been lost or destroyed or the informations thereon have become obscure while ordinary fertilizer is in his possession or custody:
(1) Words indicating dealer's guarantee label;
(2) Name and address of dealer;
(3) Informations enumerated in items (2) to (7) inclusive and item (9) of the preceding Article;
(4) Date of labeling the dealer's guarantee label.
2 The informations enumerated in items (4) to (6) inclusive of the preceding Article may not be entered in the dealer's guarantee label specified in the preceding paragraph provided that those matters are beyond the knowledge of the dealer.
(Ban on Transferring)
Article 19. No producer, importer or dealer shall transfer any ordinary fertilizer unless the same has been registered or registered provisionally and a guarantee label has been affixed thereto.
2 In the case where any ordinary fertilizer for which an application for registration or provisional registration has been submitted in accordance with the provisions of Article 6 and whose content of the main ingredients does not meet the official standard or does not reach the quality of a similar fertilizer with the established official standard, any producer, importer or dealer of the said fertilizer may, with the approval of the Minister of Agriculture and Forestry as provided for in the Ministerial Ordinance, transfer the said ordinary fertilizer regardless of the provision of the preceding paragraph even if registration or provisional registration has not been granted thereto.
3 In case an application for approval under the provision of the preceding paragraph has been made, the Minister of Agriculture and Forestry shall grant his approval within fifty days from the day of receipt of the application, except the case where the ordinary fertilizer concerned is injurious to plant, or content of main ingredients thereof does not reach 50% of the official standard or the quality thereof does not reach 50% of that of the similar fertilizer with the established official standard.
4 Any producer or importer who has obtained the approval stated in paragraph 2 shall, in accordance with the provisions of the Ministerial Ordinance, affix to the outside of the container or package of the fertilizer concerned a substandard fertilizer guarantee label stating therein the informations enumerated in items (2) to (7) inclusive of Article 17 and the words indicating a substandard fertilizer.
5 In the case where any registered fertilizer falls short of the standard entered in the registration or provisional registration certificate due to natural disasters or in other cases of unavoidable circumstances as provided for in the Ministerial Ordinance, any producer, importer or dealer may, by obtaining the approval of the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture in accordance with the provisions of the order, transfer the ordinary fertilizer concerned, regardless of the provisions of paragraph 1.
(Restrictions on the Informations to be Entered in Guarantee Label)
Article 20. In the guarantee label no informations other than those provided for in each item of Article 17, or each item of Article 18 paragraph 1 or Article 19 paragraph 4, and the trade mark and trade name shall be entered, or no false informations shall be entered.
(Order for Indication of the Directions for Use, etc.)
Article 21 The Minister of Agriculture and Forestry may, if he deems it necessary to do so, order the producer or importer of ordinary fertilizer, which has been registered or registered provisionally, to indicate the directions for use of the fertilizer concerned or mixed ratio of raw materials on the outside of the container or the package of the fertilizer concerned.
2 The Minister of Agriculture and Forestry shall, when he has ordered in accordance with the provision of the preceding paragraph, state to that effect on the registration or provisional registration certificate.
(Filing by Producer and Importer of Special Fertilizer)
Article 22. Any producer or importer of special fertilizer shall file the following informations with the governor of To, Do, Fu or prefecture, under whose jurisdiction his place of production or import is located, by the day not less than two weeks prior to the time of starting his business:
(3) As for producer, name and location of business place of production;
(4) Locations of the selling business place or of storage facilities.
2 Any producer or importer of special fertilizer shall, in case any change has been made in the informations to be reported under the preceding paragraph, report to the governor of To, Do, Fu or prefecture concerned to that effect within two weeks from the day on which said change was made. The same shall apply to the case where he has discontinued his business.
(Filing for Selling Business)
Article 23. Any producer, importer or dealer shall file the informations as enumerated below with the governor of To, Do, Fu or prefecture, under whose jurisdiction his selling business place is located, by each selling business place, within two weeks after the day on which he has started his selling business; provided that, the same shall not apply to the case where any producer has started his selling business of an ordinary or special fertilizer for which he had received the registration of the governor of To, Do, Fu or prefecture concerned or he had filed the informations under the provision of the preceding paragraph with the governor of To, Do, Fu or prefecture concerned:
(2) Location of a selling business place;
(3) Location of storage facilities located in the area of To, Do, Fu or prefecture concerned.
2 In case any change has been made in the informations to be submitted and the selling business has been discontinued under the preceding paragraph, the provisions of the preceding paragraph shall apply.
(Prohibition of Illegal Use, etc.)
Article 24. No person shall counterfeit, falsify or abuse a guarantee label, or affix such falsified or counterfeited label or any label similar thereto to the fertilizer which he sells or to the container or package thereof.
2 No person shall use the container or package with the name, trade mark or trade-name of other producer, importer or dealer or the name and ingredients of other fertilizer as the container or package of the fertilizer he sells, unless such indications are erased.
(Prohibition on Mixing Impurity)
Article 25. No producer, importer or dealer shall mix into the fertilizer he produces, imports or sells, any such impurity as may degrade the quality of the fertilizer.
(Prohibition of False Publicity, etc.)
Article 26. No producer, importer or dealer shall make a false publicity with respect to the content of major ingredients or effectiveness of the fertilizer which he produces, imports or sells.
2 No producer, importer or dealer shall use any name which might be misleading with respect to the major ingredients or effectiveness of the fertilizer which he produces, imports or sells.
(Keeping of Book)
Article 27. Any producer of fertilizer shall keep a book at each business place of production and make entry of the name and quantity of the fertilizer which he produced every day.
2 Any producer, importer or dealer of fertilizer shall keep a book at each producing factory or business place, and, each time he has purchased, imported fertilizer from or sold the same to other producer, importer or dealer, he shall make entry into the said book the name, quantity, date, and name of the other party.
3 The book under the preceding two paragraphs shall be kept for the period of two (2) years.
(Sign for Business Facilities)
Article 28. Any producer, importer or dealer shall post a sign at any conspicuous place of each of his business places of production, import, sale or storage facility indicating his name and the kind of business place or facilities in such a way as to be determined by the Ministerial Ordinance.
(Collection of Reports)
Article 29. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may, if he deems it necessary to do so in attaining the purpose of this Law, collect business report from producer, importer, dealer, transportation agency, transportation handling agency or warehouse agency of fertilizer.
(Inspection by Entering by Fertilizer Inspection Official and Officer)
Article 30. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may, if he deems it necessary to do so in controlling fertilizer, cause the fertilizer inspecting officials or officers to enter the business place, warehouse, vessels or vehicles or any other places pertinent to the business of production, importation, sales, transportation or storage of fertilizer, of producer, importer, dealer, transportation agency, transportation handling agency and warehouse agency to inspect fertilizer, raw materials thereof, books and documents pertinent to his business, to put questions to person concerned, or to take away fertilizer or raw materials thereof within the minimum amount necessary for chemical analysis without compensation.
2 The authority to enter premises to make inquiries to person concerned, and to take fertilizer in accordance with the provision of the preceding paragraph shall not be construed as authorization for a criminal investigation.
3 Fertilizer inspecting officials shall be stationed at the Fertilizer Inspecting Office of the Ministry of Agriculture and Forestry and the fertilizer inspecting officers shall be stationed at the government of To, Do, Fu or prefecture.
4 In the case of paragraph 1, the fertilizer inspecting officials or officers shall carry with him the identification card indicating his official status, and show it upon the demand of any person concerned.
5 The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture shall, when he has caused fertilizer or raw materials thereof to be taken off in accordance with the provision of paragraph 1, give a public notice of the outline of the results of the chemical analysis of the fertilizer concerned through newspaper or other information media.
(Administrative Disposition in the Case of Violation)
Article 31. The Minister of Agriculture and Forestry may, in case any producer or importer of ordinary fertilizer which has been registered or provisionally registered, has violated any provision of this Law or of any order issued thereunder, restrict or prohibit him from transferring or delivering his registered fertilizer, oI cancel his registration or provisional registration.
2 The governor of To, Do, Fu or prefecture may, in case any dealer, or any producer of ordinary fertilizer registered with the same governor, or any producer or importer of special fertilizer has violated any provision of this Law or of any order issued thereunder restrict or prohibit him from transferring or delivering his ordinary or special fertilizer, or cancel his registration or provisional registration with respect to his ordinary fertilizer concerned.
3 Any person whose registration or provisional registration has been cancelled in accordance with the provision of paragraph 1 or the preceding paragraph shall, without delay, return the registration or provisional registration certificate to the Minister of Agriculture and Forestry or to the governor of To, Do, Fu or prefecture.
4 In case any disposition (excluding the cancellation of registration or provisional registration) under the provision of the paragraph 1 or 2 has been taken, the Minister of Agriculture and Forestry shall notify all governors of To, Do, Fu and prefectures to that effect, without delay, or the governor of To, Do, Fu or prefecture shall, without delay, notify the Minister of Agriculture and Forestry as well as other governors of To, Do, Fu and prefectures to that effect.
(Restriction on Registration and Provisional Registration)
Article 32. Any person whose registration or provisional registration has been cancelled in accordance with the provision of paragraph 1 or 2 of the preceding Article shall not be entitled to receive a registration or provisional registration certificate on his ordinary fertilizer concerned again for the period of one year from the day of its cancellation.
(Hearing)
Article 33. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture shall, in case he intends to cancel the registration or provisional registration in accordance with the provision of paragraph 2 of Article 9 or paragraph 1 or 2 of Article 31, hold a public hearing by informing, in advance, the recipient of registration or provisional registration of the date, place and reasons for cancellation and offer an opportunity for said person or his representative to present his evidence and opinion.
(Lodging of Complaint)
Article 34. Any person who falls under item (1) or (2) may within two weeks after the expiration of the period concerned and any person who falls under item (3) may within two weeks after the said action has been taken, lodge a complaint in writing stating his reasons with respect to the said application or the said action against the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture:
(1) Any person who did not receive a registration or provisional registration for the ordinary fertilizer after the lapse of fifty days after submitting an application therefor;
(2) Any person who did not receive an approval under the provision of Article 19 paragraph 2 within the period specified in paragraph 3 of the same Article;
(3) Any person who is dissatisfied with the action to prohibit or restrict the transferring or delivering of fertilizer under provision of Article 31 paragraph 1 or 2.
2 The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture shall, upon the receipt of the complaint under the provision of the preceding paragraph, render a decision to the complaint after holding a public hearing by informing, in advance the person concerned of the date and place thereof and offering him or his representative an opportunity to present his evidence and opinion.
(Exception to Application)
Article 35. In case where fertilizer was produced, imported, transferred, transported or stored for export and/or where the fertilizer designated by the Minister of Agriculture and Forestry was produced, imported, transferred, transported or stored for the industrial and feed uses, this Law shall not apply in accordance with the Ministerial Ordinance. The same shall apply to the case where the fertilizer designated by the governor of To, Do, Fu or prefecture was produced, imported, transferred, transported or stored for the industrial and feed uses.
2 The governor of To, Do, Fu or prefecture shall, in case he intends to designate in accordance with the provision of the preceding paragraph, obtain the approval of the Minister of Agriculture and Forestry.
(Penal Provisions)
Article 36. Any person who comes under any one of the following items shall be punished with penal servitude not exceeding three (3) years and/or a fine not exceeding \100,000:
(1) Any person who has violated the provision of Article 19 paragraph 1 or Article 25;
(2) Any person who has made a false entry on guarantee label in violation of the provisions of Article 20;
(3) Any person who has used a guarantee label illegally or affixed anything similar to a guarantee label to fertilizer, or container or package thereof Which he sells, in violation of the provision of Article 24 paragraph 1.
Article 37. Any person who comes under any one of the following items shall be punished with penal servitude not exceeding one (1) year and/or a fine not exceeding \50,000:
(1) Any person who has produced or imported ordinary fertilizer as a business without receiving the registration or provisional registration under the provision of Article 4 or 5, or has committed a dishonest act in receiving the registration or provisional registration;
(2) Any person who has violated the provisions of Articles 22 and 23, Article 24 paragraph 2 or Article 26.
Article 38. Any person who comes under any one of the following items shall be punished with a fine not exceeding \30,000:
(1) Any person who has violated the provision of Article 13 paragraphs 1, 2 or 4, Article 15, Article 17, Article 18 paragraph 1 or Article 19 paragraph 4;
(2) Any person who has made entry of any informations other than the legally determined informations on the guarantee label in violation of the provisions of Article 20.
Article 39. Any person who comes under any one of the following items shall be punished with a fine not exceeding \10,000:
(1) Any person who has violated the provisions of Article 11, Article 13 paragraph 3, 5 or 6 or Article 28;
(2) Any person who has violated the order under the provision of Article 21 paragraph 1;
(3) Any person who has failed to keep a book, and make entry therein, or who has made a false entry therein in violation of the provision of Article 27 paragraph 1 or 2;
(4) Any person who made a false report to the order under the provisions of Article 29;
(5) Any person who has refused, obstructed or evaded the inspection of fertilizer or raw materials thereof under the provision of Article 30 paragraph 1, or has made a false statement to the question under the provision of the same paragraph.
Article 40. In case any representative of a juridical person, proxy, employee, or the other worker of a juridical person or of a natural person commits the violation under the provisions of the preceding four Articles for the business of the juridical person or the natural person, not only the offender be punished, but the juridical person or the natural person concerned shall be liable to a fine under each Article in the Penal Provisions, unless it is proved that due care and supervision has been exercised over the business in order to prevent the aforesaid violation committed by his proxy, employee or the other worker.
Article 41. Any person who has violated the provisions of Article 9 paragraph 3, Article 27 paragraph 3, or Article 31 paragraph 3 shall be punished with a police fine not exceeding \2,000.
Supplementary Provisions:
(Date of Enforcement)
1. The date of enforcement of this Law shall be determined by Cabinet Order within the period of sixty days from the day of its promulgation; provided that, the date of enforcement of Articles 4 and 5, Articles 17 to 20 inclusive and Articles 27 and 28 shall be August 1, 1950.
(Report to be Submitted by Fertilizer Handler)
2. For the report to be submitted, in accordance with the provision of Article 22 paragraph 1, by the person who is actually a producer or importer of special fertilizer at the time of the enforcement of this Law on his business of production or import, "not less than two weeks prior to the time of starting his business" in the same paragraph of the same Article shall read "within thirty (30) days from the day of enforcement of this Law" , and for the report to be submitted in accordance with the provision of Article 23 paragraph 1, by the producer, importer or dealer who is actually engaged in the selling business at the time of enforcement of this Law on his selling business, "within two weeks from the day of starting his business" in the same paragraph of the same Article shall read "within thirty (30) days from the day of enforcement of this Law."
3. The Fertilizer Control Law (Law No.51 of 1908;hereinafter referred to as "the old Law" ) shall be abolished; provided that, the provisions of Article 4 of the same Law, penal provisions related to the same Article and the provisions of Article 8 shall still remain in force until July 31, 1950.
4. With regard to the application of the penal provisions of the old Law to any action committed prior to the enforcement of this Law (or prior to the nullification of Article 4 of the old Law, with respect to the attachment of the guarantee label under the provision of the same Article), the precedents under the former provisions shall apply even after the enforcement of this Law (or after the nullification of Article 4 of the old Law, with respect to the attachment of the guarantee label under the provision of the same Article).
(Amendment of Ministry of Agriculture and Forestry Establishment Law)
5. The Ministry of Agriculture and Forestry Establishment Law (Law No.153 of 1948) shall be partially amended as follows:
Article 4 item (23) shall be amended as follows:
23. To register agricultural chemicals, agricultural seeds and seedlings and fertilizer, and to register provisionally fertilizer.