Article 1. The purpose of this Law is to promote the fair and smooth transaction in agricultural products and the improvement in the quality thereof as well as to contribute to the development of the farm economy and rationalization of the consumption of agricultural products, by means of instituting State inspection of agricultural products.
Article 2. The wording "agricultural products" as used in this Law shall mean unhulled rice, unpolished rice, polished rice, barley, rye, wheat, polished barley, polished rye, polished wheat, wheat flour, soybean, red bean, pea, kidney bean, green bean, corn, rapeseed, sweet potato, white potato and dried sweet potato strips.
Article 3. A producer of unhulled rice, unpolished rice, barley, rye or wheat (hereinafter referred to as "rice and braley" ), when he intends to sell, the rice and barley or polished rice produced by him, must receive the inspection thereof by the State prior to the sale.
2 An owner of rice and barley (excluding those which have been imported), when he intends to sell the rice and barley owned by him (excluding those which have been produced by himself) which have not been inspected, must receive the inspection thereof by the State prior to the sale.
3 左に掲げる場合には、前二項の規定は、適用しない。
3 The provisions of the preceding two paragraphs shall not be applicable in the following cases:
一 第八條の規定により定められた量目に満たないものを売り渡す場合
(1) When the rice and barley which do not meet the weight requirement established under the provision of Article 8 are to be sold;
二 災害の場合において、食糧事務所長が指定した区域内にあるものをその指定した期間内に売り渡す場合
(2) In the case of calamities where the rice and barley which exist in the area designated by the Chief of Food Office are to be sold within the period designated by him;
三 学術研究の用に供するものとして、省令の定めるところにより食糧事務所長の承認を受けて売り渡す場合
(3) When the rice and barley which are to be used for scientific research in accordance with the provisions of Ministerial Ordinance are to be sold after obtaining the approval of the Chief of Food Office;
(4) When, of the rice and barley produced in seed farms which are designated by the Chief of Food Office and are operated by To, Do, Fu or prefecture or are under their entrusted operation, those designated by Ministerial Ordinance are to be sold.
Article 4. An owner (excluding the Government) of rice and barley to be imported, when he intends to sell the same after import, must receive the inspection thereof by the State prior to the intended sale. However, this shall not be applicable in case the amount of such import is less than ten tons.
Article 5. Any owner or possessor of agricultural products may have the agricultural products which are owned or possessed by him inspected by the State.
(検査規格)
(Inspection Standards)
第六條 農林大臣は、農産物の種類及び銘柄ごとに、その量目、包裝及び品位についての規格を定める。
Article 6. The Minister of Agriculture and Forestry shall establish standards with respect to weight, packing and grade for each kind and description of the agricultural products.
2 The Minister of Agriculture and Forestry, when he intends to establish, change or abolish the standards as mentioned in the preceding paragraph, must set the date of enforcement and make the same public at least thirty days prior to the said date.
Article 7. The inspection under the provision of Article 3 paragraph 1 or 2, Article 4 or Article 5 (hereinafter referred to simply as the "inspection" ) shall be made as provided for by Ministerial Ordinance, with respect to the kind, description, weight, packing and grade through individual checking or sampling based on the standards as mentioned in paragraph 1 of the preceding Article.
Article 8. No inspection shall be made on imported agricultural products which are less than ten tons and on other agricultural products which lack the conditions of packing and weight as provided for by Ministerial Ordinance for each kind. However, this shall not apply in case the inspection is made for purposes of sale or delivery to the Government.
(検査を実施する者)
(Person who Conducts the Inspection)
第九條 検査は、農産物検査官が行う。
Article 9. The inspection shall be conducted by the agricultural product inspector.
2 農産物検査官は、食糧事務所の職員の中から食糧事務所長が任命する。
2 The agricultural product inspector shall be appointed by the Chief of Food Office from among the personnel of the Food Office.
3 The agricultural product inspector must not conduct inspection of agricultural products in which his interests are involved. However, this shall not apply in case such is deemed inevitable and approved by the Chief of Food Office.
4 The agricultural product inspector, when he exercises his authority in accordance with the provisions of this Law, must carry with him a certificate identifying his official status and must show the same at the request of the persons concerned.
(検査の請求)
(Request for Inspection)
第十條 検査は、検査を受けようとする者の請求により行う。
Article 10. The inspection shall be made upon request of any person who intends to have it made.
2 前項の請求は、省令で定める手続に従い、食糧事務所長に検査請求書を提出してするものとする。
2 The request mentioned in the preceding paragraph shall be made, in accordance with the procedure provided for by Ministerial Ordinance, by submitting an application for inspection to the Chief of Food Office.
Article 11. Any person as mentioned in paragraph 1 of the preceding Article must pay a fee provided for by Cabinet Order not exceeding three hundred yen per ton with respect to imported agricultural products and twenty yen per package with respect to other agricultural products. This shall not apply, however, in case the inspection is received for the purpose of selling or delivering the agricultural products to the Government.
Article 12. Any agricultural products (excluding those imported) to be inspected, must bear a label, mark or other indication affixed thereon in advance, as provided for by Ministerial Ordinance.
Article 13. The inspection shall be made on the day designated by the Chief of Food Office which shall be within ten days from the date when the application for inspection has been submitted.
2 In cases where the inspection can not be made on the day as provided for in the preceding paragraph due to the calamities or other unavoidable causes, the Chief of Food Office shall again designate the date of inspection which shall be within ten days after the said causes have ceased to exist.
(検査の実施)
(Conducting of Inspection)
第十四條 検査は、あらかじめ食糧事務所長が定めて公示した場所のうち、その指定する場所において行う。
Article 14. The inspection shall be made at one of such places as are previously determined and announced by the Chief of Food Office, which is designated by him.
2 Any person who has submitted the application mentioned in Article 10 paragraph 1 (hereinafter referred to as "applicant for in spection" ) must be present as witness at the place of inspection or have his representative attend it.
Article 15. The agricultural product inspector may suspend his inspection in case the applicant for inspection or his representative does not attend as witness without justifiable reasons.
2 前項の規定により検査が中止されたときは、その検査の請求は、効力を失う。
2 In case the inspection is suspended under the provision of the preceding paragraph, the relative application for inspection shall become null and void.
3 The inspection fee paid in accordance with the provision of Article 11 shall not be returned, even in case the inspection has been suspended under the provision of paragraph 1.
Article 16. The agricultural product inspector, when he has classified the grade, must, as provided for by Ministerial Ordinance, indicate the date and the result of the inspection and other necessary matters on the packing or label of the agricultural products, or must issue the inspection certificate to the applicant for inspection.
2 何人も、農産物の包裝又は票せんに、前項の表示にまぎらわしい表示を附してはならない。
2 No person must not affix on the packing or label of agricultural products any indication which is likely to be confused with the indication mentioned in the preceding paragraph.
3 Packing on which the indication has been affixed under the provision of paragraph 1 must not be used again as packing of agricultural products without erasing the said indication.
Article 17. In any of the cases coming under the following items, the inspected rice and barley shall be regarded as not having been inspected, as from the time they have come under such item. This shall not apply, however, in case they come under item (2) or (3) for purposes of amendment as provided for in Article 19 paragraph 3:
(1) In case a fixed period prescribed by Ministerial Ordinance for each kind of rice and barley and for each season of inspection has expired after the date of inspection as indicated under the provision of paragraph 1 of the preceding Article;
二 前條第一項の規定による表示が失われ、消され、除かれ、改められ、又は不明となつた場合
(2) In case the indication under the provision of paragraph 1 of the preceding Article has been lost, erased, removed, falsified or become obscure;
(3) In case the inspection certificate issued in accordance with the provision of paragraph 1 of the preceding Article has been lost or the information contained therein has been falsified or become obsoure.
(不正受検に対する処置)
(Measures in case of Illegally Received Inspection)
Article 18. In case it becomes evident that the inspection has been received through illegal means, the Chief of Food Office may cause the agricultural product inspector to erase or remove the indication as provided for in Article 16 paragraph 1, or to request the return of inspection certificate.
Article 19. Any person who is dissatisfied with the result of the inspection may lodge a complaint in writing within ten days from the completion of the inspection, with the Chief of Food Office in accordance with the procedure as prescribed by Ministerial Ordinance. This shall not apply, however, to a person who has not a direct interest in the said inspection.
2 食糧事務所長は、前項の申立を受けた日から十日以内に、その決定をしなければならない。
2 The Chief of Food Office, on receipt of the complaint mentioned in the preceding paragraph, must render his decision thereon within ten days.
3 In case any change is to be made in the indication or information contained in the inspection certificate of the relative agricultural products as provided for in Article 16 paragraph 1 as a result of a decision under the preceding paragraph, the agricultural product inspector must revise the said indication or information in accordance with such decision.
Article 20. The expenses for loading, unloading, transportation, unpacking or repacking of the agricultural products which are required for making the inspection thereof shall be borne by the applicant for inspection.
Article 21. To, Do, Fu or prefecture may order by by-law any owner or possessor of agricultural products, other than rice and barley, which are produced in the said To, Do, Fu or prefecture, to receive the inspection thereof by the State as provided for in Article 5.
(罰則)
(Penal Provision)
第二十二條 左の各号の一に該当する者は、三万円以下の罰金に処する。
Article 22. Any person who comes under any of the following items shall be punished with a fine not exceeding 30,000 yen:
一 第三條第一項若しくは第二項又は第四條の規定に違反した者
(1) Violation of the provision of Article 3 paragraph 1 or 2, or Article 4;
二 第十六條第二項又は第三項の規定に違反した者
(2) Violation of the provision of Article 16 paragraph 2 or 3;
三 不正な手段により検査を受け、又は検査を受けようとした者
(3) Receiving of, or attempting to receive, the inspection through illegal means;
四 第十八條の規定による処分を拒み、妨げ、又は忌避した者
(4) Refusing, obstructing or evading the measures in accordance with the provision of Article 18.
Article 23. In case any representative of a juridical person, or proxy, employee or other worker of a juridical person or of a natural person has committed the violation under the preceding Article in connection with the business of the juridical person or of the natural person, not only the offender shall be punished, but the juridical person or the natural person concerned shall be liable to a fine under the preceding Article. This shall not apply, however, to the juridical person or the natural person, in case it is proved that reasonable case and supervision have been exercised over the relative business for preventing the aforesaid violation committed by his proxy, employee or other worker.
1 This Law shall come into force as from the day after the lapse of forty days reckoning from the day of its promulgation;provided, however, that the provisions of Article 6 shall come into force as from the day of its promulgation.
2 食糧管理法(昭和十七年法律第四十号)の一部を次のように改正する。
2 The Food Management Law (Law No.40 of 1942) shall be partially amended as follows:
第八條を次のように改める。
Article 8 shall be amended as follows:
第八條 削除
Article 8. Deleted.
第三十五條を次のように改める。
Article 35 shall be amended as follows:
第三十五條 削除
Article 35. Deleted.
第三十七條中「、第三十四條ノ二又ハ第三十五條」を「又ハ第三十四條ノ二」に改める。
In Article 37 ", Article 34-(2) or Article 35" shall be amended as "or Article 34-(2)" .
3 The application for inspection and the inspection made in accordance with the provisions of Article 8 of the Food Management Law, prior to amendment, or the Order issued thereunder, and the indication affixed or certificate issued as a result of the said inspection shall be deemed to have been made, affixed or issued in accordance with the relevant provisions of this Law and the Order issued thereunder.
4 この法律の施行前にした行為に対する罰則の適用については、なお、従前の例による。
4 As regards the application of penal provisions to the act done before the enforcement of this Law, the precedents under the former provisions shall still apply.
農林大臣 広川弘禪
Minister of Agriculture and Forestry HIROKAWA Kozen