Agricultural Products Inspection Law
法令番号: 法律第144号
公布年月日: 昭和26年4月10日
法令の形式: 法律
I hereby promulgate the Agricultural Products Inspection Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the fourth month of the twenty-sixth year of Showa (April 10, 1951)
Prime Minister YOSHIDA Shigeru
Law No.144
Agricultural Products Inspection Law
(Purpose of this Law)
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.
(Definition)
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.
(Inspection)
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 The provisions of the preceding two paragraphs shall not be applicable in the following cases:
(1) When the rice and barley which do not meet the weight requirement established under the provision of Article 8 are to be sold;
(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;
(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.
(Inspection Standards)
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.
(Method of Inspection)
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.
(Conditions of Elegibility for Inspection)
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.
(Person who Conducts the Inspection)
Article 9. The inspection shall be conducted by the agricultural product inspector.
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.
(Request for Inspection)
Article 10. The inspection shall be made upon request of any person who intends to have it made.
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.
(Inspection Fee)
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.
(Preparation for Undergoing Inspection)
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.
(Date of Inspection)
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.
(Conducting of Inspection)
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.
(Suspension of Inspection)
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 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.
(Inspection Certificate)
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 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.
(Invalidation of Inspection)
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;
(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.
(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.
(Appeal of Objection)
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 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.
(Incidence of Costs)
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.
(Order by by-law to Receive the 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.
(Penal Provision)
Article 22. Any person who comes under any of the following items shall be punished with a fine not exceeding 30,000 yen:
(1) Violation of the provision of Article 3 paragraph 1 or 2, or Article 4;
(2) Violation of the provision of Article 16 paragraph 2 or 3;
(3) Receiving of, or attempting to receive, the inspection through illegal means;
(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.
Supplementary Provisions:
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 The Food Management Law (Law No.40 of 1942) shall be partially amended as follows:
Article 8 shall be amended as follows:
Article 8. Deleted.
Article 35 shall be amended as follows:
Article 35. Deleted.
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 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.
Minister of Agriculture and Forestry HIROKAWA Kozen
Prime Minister YOSHIDA Shigeru