(Purpose of this Law)
Article 1. The purpose of this Law is to improve quality of agricultural and forest commodities, to rationalize their production, to simplify and make fair their transactions, to rationalize their use or consumption and in addition, to contribute to advancement of public welfare, by establishing and disseminating suitable and rational standard of the same.
(Definition)
Article 2. "Agricultural and forest commodities" as used in this Law shall mean indigenous agricultural, forest, livestock and marine products, and such commodities as manufactured or processed by using these products as raw materials or ingredients and as designated by Cabinet Order.
2 "Japanese Agricultural and Forest Standards" as used in this Law shall mean the standards of agricultural and forest commodities established in accordance with the provisions of Articles 8 to 11 inclusive.
(Agricultural and Forest Commodities Standards Committee) 11
Article 3. In the Ministry of Agriculture and Forestry, the Agricultural and Forest Commodities Standards Committee (hereinafter referred to as "the Committee" ) shall be established.
2 The Committee shall, in response to the inquiry from the Minister of Agriculture and Forestry, make investigation and deliberation on the following matters and make report to the Minister on the results:
(1) Matters relating to establishment, revision or abolition of Japanese Agricultural and Forest Standard in accordance with the provisions of Article 8, Article 9 paragraph 2, Article 12 and Article 16 paragraph 3;
(2) Matters relating to the grading by Japanese Agricultural and Forest Standard in accordance with the provision of Article 22 paragraph 2.
3 The Committee may make investigation and research on the establishment, revision or abolition of Japanese Agricultural and Forest Standard and advise the Minister of Agriculture and Forestry on any matters deemed necessary as to the result.
Article 4. The Committee shall consist of members not exceeding 50 in number.
2 Members of the Committee shall be appointed by the Minister of Agriculture and Forestry from among the personnel of the administrative organs concerned and persons of learning and experience concerning standards of agricultural and forestry commodities.
3 The members of the Committee shall be representatives of all substantially interested groups and factions.
4 The term of office of members of the Committee appointed from among the persons of learning and experience shall be three years;provided, however, that he may be released from office even during the term of office in case there occur special causes.
Article 5. The Committee shall have a chairman elected by mutual vote from among its members.
2 The chairman shall preside over the affairs of the Committee.
Article 6. The Committee may, if necessary, have expert members in order to make research on special matters.
2 The expert member shall make research into technical matters by order of the chairman.
3 The expert members shall, upon request by the chairman, be appointed by the Minister of Agriculture and Forestry.
Article 7. Other than those provided for in the preceding four Articles and by the National Public Service Law (Law No.120 of 1947), any necessary matters within the scope of this Law concerning the Committee shall be provided for by Ministerial Ordinance.
(Establishment of Japanese Agricultural and Forest Standard)
Article 8. The Minister of Agriculture and Forestry shall, if he intends to establish a Japanese Agricultural and Forest Standard, submit his proposal for deliberation to the Committee in advance by designating the kind of agricultural and forest commodity.
Article 9. To, Do, Fu or prefecture or any interested person may, by designating the kind of agricultural and forest commodity and submitting, a draft plan in accordance with the procedures provided for by Ministerial Ordinance, request the Minister of Agriculture and Forestry to establish a Japanese Agricultural and Forest Standard.
2 The Minister of Agriculture and Forestry shall, in cases where he received the request under the provision of the preceding paragraph, hear the opinion of the Committee about whether or not a Japanese Agricultural and Forest Standard should be established on the proposed agricultural and forest commodity;and, as the result, if he deems it reasonable to establish such standards, he shall submit the draft plan under the preceding paragraph for discussion to the Committee;on the other hand, if he deems it unnecessary to do so, he shall notify to that effect, stating the reasons therefor, to the applicant.
Article 10. The Committee shall, after deliberating upon the draft plan of the Japanese Agricultural and Forest Standard in accordance with the fair procedures provided for by Ministerial Ordinance, make a report of the results to the Minister of Agriculture and Forestry.
2 The Committee may hold a public hearing to hear the opinions of the interested persons and persons of learning and experience, if it deems it necessary to do so for the purpose of deliberating on the draft plan of the Japanese Agricultural and Forest Standard.
3 Other than those provided for in the preceding paragraph, any necessary matters concerning the public hearing shall be provided for by Ministerial Ordinance.
Article 11. The Minister of Agriculture and Forestry shall, if he deems that the draft plan of the Japanese Agricultural and Forest Standard which was reported by the Committee as worthy of being established, reflects the opinions of all persons substantially interested, is not of the nature to discriminate unfairly against any person under similar conditions in its application, and is suitable, establish it as the Japanese Agricultural and Forest Standard.
(Revision and Abolition of Japanese Agricultural and Forest Standard)
Article 12. The provisions of the preceding four Articles shall apply mutatis mutandis to any case of revision and abolition of Japanese Agricultural and Forest Standard.
(Public Notice)
Article 13. The establishment, revision or abolition of the Japanese Agricultural and Forest Standard shall be made, fixing the date of its enforcement and giving a public notice thereof at least thirty days prior to the abovementioned date.
(Prohibition from Using the Term of Japanese Agricultural and Forest Standard)
Article 14. No person shall use the term of Japanese Agricultural and Forest Standard or any other misleading one with respect to any standard of agricultural and forest commodity other than the Japanese Agricultural and Forest Standard.
(Standards Established by To, Do, Fu or Prefecture)
Article 15. To, Do, Fu or prefecture is not authorized to establish any standard with respect to any agricultural and forest commodity on which the Japanese Agricultural and Forest Standard is established.
2 In cases where there exists a standard established by To, Do, Fu or prefecture with respect to an agricultural and forest commodity, when a Japanese Agricultural and Forest Standard comes into force with respect to the same agricultural and forest commodity concerned, the standard established by To, Do, Fu or prefecture shall lose, its effect.
(Public Hearing)
Article 16. Any person who is interested substantially in the Japanese Agricultural and Forest Standard may request the Minister of Agriculture and Forestry to hold a public hearing to assure whether or not the above Standard reflects the opinions of all the persons substantially interested or is not of the nature to discriminate unfairly against any person under similar conditions in its application.
2 The Minister of Agriculture and Forestry shall hold a public hearing, when he received the request under the preceding paragraph.
3 The Minister of Agriculture and Forestry shall if he deems it necessary to revise the Japanese Agricultural and Forest Standard after scrutinizing such facts as made clear at the public hearing, cause the Committee to make suitable deliberation on revision of the same.
4 Other than those provided for in the preceding three paragraphs, any necessary matter concerning public hearing shall be provided for by Ministerial Ordinance.
(Standard Certification Label)
Article 17. To, Do, Fu or prefecture may, in case it has fixed grading of any agricultural and forest commodity in accordance with the Japanese Agricultural and Forest Standard and the provisions of its by-law, affix certification label (hereinafter referred to as "the standard certification label" ) to agricultural and forest commodity concerned or to its package or container, showing that the grading of the said commodity has been fixed in accordance with the Japanese Agricultural and Forest Standard.
The same shall apply to any case where any organ of the Ministry of Agriculture and Forestry has fixed grading as regards any agricultural and forest commodity in accordance with the Japanese Agricultural and Forest Standard.
2 Necessary matters as regards the form and method of showing of the standard certification label shall be provided for by Ministerial Ordinance.
Article 18. No standard certification label or misleading mark shall be affixed to any agricultural and forest commodity or to its package or container, except by organs of the Ministry of Agricultural and Forestry or To, Do, Fu, or prefecture that has fixed grading under the provisions of the preceding Article.
Article 19. No packing material or container with the standard certification label shall be used again as such for agricultural and forest commodity unless the said label is erased.
(Notification concerning Standard Certification Label or Grading)
Article 20. Any person may, in case he deems that any agricultural and forest commodity with such grading as fixed in accordance with the Japanese Agricultural and Forest Standard, as shown in standard certification label, does not conform to the Japanese Agricultural and Forest Standard as shown in the same label, file a notification to that effect to the Minister of Agriculture and Forestry in accordance with the procedures determined by Ministerial Ordinance.
(Investigation and Report)
Article 21. The Minister of Agriculture and Forestry may, in case he has received the notification under the preceding Article or has deemed it necessary, cause his personnel to investigate into grading facilities, methods of grading, and any other necessary matters for grading in To, Do, Fu or prefecture, or may request To, Do, Fu or prefecture for necessary report concerning grading.
(Supervision)
Article 22. The Minister of Agriculture and Forestry may, if he deems any grading made by To, Do, Fu or prefecture not suitable after investigation in accordance with the provision of the preceding Article, order To, Do, Fu or prefecture concerned to improve the same or prohibit to affix the standard certification label.
2 The Minister of Agriculture and Forestry shall request in advance the opinions of the Committee if he intends to issue any order under the provision of the preceding paragraph.
(Application of the Food Sanitation Law)
Article 23. The provisions of this Law shall not be interpreted as precluding the application of the provisions of the Food Sanitation Law (Law No.233 of 1947).
(Penal Provision)
Article 24. Any person who comes under any one of the following items shall be punished with a penal servitude not exceeding one year or a fine not exceeding 100,000 yen:
(1) Who has contravened the provision of Article 14;
(2) Who has contravened the provision of Article 18;
(3) Who has contravened the provision of Article 19.
Article 25. In cases where a representative of a juridical person or agent, employee of or any other person engaged by, a juridical person or a natural person has committed the violations under the preceding Article in connection with the business of the juridical person or of the natural person, the latter shall be punished with a fine under the same Article besides the offender being punished; provided that, in case it is proved that proper care and supervision have been given to the business concerned to prevent the act of violation concerned to be committed by an agent, employee of or any other person engaged by, a juridical person or a natural person, this shall not apply to such juridical person or natural person.