Law for Partial Amendments to the Agricultural Chemical Regulation Law
法令番号: 法律第151号
公布年月日: 昭和26年4月20日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments of the Agricultural Chemical Regulation Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the fourth month of the twenty-sixth year of Showa (April 20, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.151
Law for Partial Amendments to the Agricultural Chemical Regulation Law
The Agricultural Chemical Regulation Law (Law No.82 of 1948) shall be partially amended as follows:
The following one Article shall be added next to Article 1:
(Official Standard)
Article 1-(2).　The Minister of Agriculture and Forestry may establish the standards (hereinafter referred to as "official standards" ) on the amount of effective ingredients and the maximum amount of permissible injurious ingredients to be contained in each kind of agricultural chemical, and on other necessary matters.
2　The Minister of Agriculture and Forestry shall, in case he intends to establish, change or abolish the official standard, give a public notice thereof at least thirty days prior to the date concerned.
Article 2 paragraphs 2 to 4 inclusive shall be amended as follows:
2　The application for registration under the preceding paragraph shall be made by submitting a sample of the agricultural chemicals concerned accompanied by an application stating the following information:
(1)　Name (in the case of a juridical person, its name and the name of its representative;hereinafter the same) and address;
(2)　Kind and name of the agricultural chemical, physical and chemical nature thereof, and the kind and content of each effective ingredient and other ingredient;
(3)　Net content and packing to be used when the agricultural chemical is offered for sale;
(4)　Names of plant diseases and injurious animals to which the agricultural chemical is to be applied, method of application and the result of experiment on the effectiveness and injury to be caused by the said agricultural chemical;
(5)　With respect to the agricultural chemicals harmful to men and animals, statement to that effect and the antidoting method;
(6)　With respect to the agricultural chemicals in danger of ignition, explosion or harmful to skin, the statement to that effect;
(7)　Directions for storage or use;
(8)　Name and location of factory;
(9)　With respect to the agricultural chemicals manufactured or processed by a manufacturer, the manufacturing method and the name of person responsible for manufacturing.
3　The Minister of Agriculture and Forestry shall, upon receipt of the application under the preceding paragraph, cause the official of the Agricultural Chemical Inspection Office (hereinafter referred to as "inspecting official" ) to inspect the sample of the agricultural chemical, and shall, except the cases where he orders as mentioned in paragraph 1 of the next Article, register the agricultural chemical concerned without delay, and issue a registration card stating the following information:
(1)　Number and date of registration;
(2)　Term of validity of registration;
(3)　Kind and name of agricultural chemical, physical and chemical nature thereof, and kind and content of each effective ingredient and other ingredient;
(4)　Name and address of manufacturer or importer;
(5)　Name and location of factory.
4　In case an application for re-registration of agricultural chemical which has already been registered is made, the Minister of Agriculture and Forestry may omit the inspection specified in the preceding paragraph.
5　Any applicant for registration shall pay a fee to be designated by Ministerial Ordinance within the limits of \3,000.
Article 3 paragraph 1 shall be amended as follows, and paragraph 3 shall be deleted:
The Minister of Agriculture and Forestry may, in case it falls under any of the following items as a result of the inspection under paragraph 3 of the preceding Article, withhold the registration under the provision of the same paragraph, and order the applicant to correct the statements in the application or to improve the quality of the agricultural chemical concerned:
(1)　Evidence of false statement in the application;
(2)　In case the agricultural chemical concerned is harmful to agricultural crops or agricultural or forest products, when the same is used in accordance with the method of application as stated in the application;
(3)　In case it is feared that the use of the agricultural chemical concerned is extremely dangerous to men and animals, even if a measure for preventing danger has been taken;
(4)　In case the name of agricultural chemical concerned is feared of causing misunderstanding with respect to its main ingredients or its effect;
(5)　In case the agricultural chemical concerned is deemed to have no value as an agricultural chemical because of a very poor effectiveness;
(6)　With respect to the agricultural chemical belonging to the kind for which the official standard has been established, in case the same agricultural Chemical does not meet the official standard and its effectiveness is inferior to that of any other agricultural chemical of the same kind which meets the official standard.
In Article 4 paragraph 2, "by obtaining an approval of Agricultural Chemical Council" shall be deleted.
Article 6 shall be amended as follows:
(Duty of the Registrant)
Article 6.　Any person whose agricultural chemical has been registered under Article 2 shall keep a registration card, and any manufacturer and importer shall keep the same at his main factory or business office and keep its copy at his other factories or business offices respectively.
2　Any person whose agricultural chemical has been registered under Article 2 shall, in case any change has been made in the informations of paragraph 2 item (1) or items (3) to (9) inclusive of the same Article, submit to the Minister of Agriculture and Forestry a report on the said change, within two weeks, from the day of the said change, stating the reasons therefor, and shall, in case the changed information falls under the information to be stated in the registration card, apply for rewriting of his registration card and issuance thereof.
3　Any person who has lost or stained his registration card shall report to that effect to the Minister of Agriculture and Forestry and apply for the reissuance thereof.
4　Any person who applies for rewriting or reissuance of a registration card in accordance with the provisions of the preceding two paragraphs shall pay a fee to be designated by Ministerial Ordinance within the limits of \200.
The respective items of Article shall be amended as follows:
(1)　Registration number;
(2)　The words "official standard" , in the case of any agricultural chemical which meets the official standard;
(3)　Kind, name and physical and chemical nature of the agricultural chemical stated in the registration card and the kind and content of each effective ingredient and other ingredient;
(4)　Net content;
(5)　Names of plant diseases and injurious animals to which agricultural chemical is to be applied, and the method of application;
(6)　With respect to the agricultural chemicals harmful to men and animal, the statement to that effect and the antidoting method;
(7)　With respect to the agricultural chemicals in danger of ignition, explosion or harmful to skin, the statement to that effect;
(8)　Directions for storage or use;
(9)　Name and location of factory;
(10)　With respect to the agricultural chemicals manufactured or processed by a manufacturer, the date of manufacturing and packing.
The following one Article shall be added next to Article 10:
(Prohibition of False Advertisement, etc.)
Article 10-(2).　No manufacturer, importer or dealer shall make a false advertisement with respect to the content of effective ingredients or effectiveness of the agricultural chemical manufactured, processed, imported or sold by him.
2　No manufacturer or importer shall use any brand name which may cause misunderstanding with respect to the effective ingredients or effectiveness of the agricultural chemical manufactured, processed or imported by him.
", By obtaining a decision of Agricultural Chemical Council" in Article 12 paragraph 1 and "though the decision of the Agricultural Chemical Council" in paragraph 3 shall be deleted.
In Article 13, "inspecting official" shall be amended as "inspecting official and other personnel concerned" .
Article 14 shall be amended as follows:
Article 14.　The Minister of Agriculture and Forestry may, in case any manufacturer, importer or dealer has violated any provision of this Law, restrict or prohibit the sale of the agricultural chemical by him, or cancel the registration made for the manufacturer or importer under the provisions of Article 2.
2　In case the Minister of Agriculture and Forestry deems that an agricultural chemical is harmful to agricultural crops, agricultural and forest products, men or animal due to a poor quality or packing of the same agricultural chemical, as a result of the inspection of the same made by the inspecting official in accordance with the established inspecting method, the Minister of Agriculture and Forestry may restrict or prohibit the sale of the agricultural chemical concerned.
3　The provisions of Article 12 paragraphs 2 and 3 shall apply to the case where the measure has been taken under the provisions of the preceding two paragraphs.
The following one Article shall be added next to Article 14:
(Hearing)
Article 14-(2).　The Minister of Agriculture and Forestry shall, in case he intends to cancel the registration under the provision of paragraph 1 of the preceding Article, hold a hearing by informing the registrant concerned beforehand of the date, place and the reasons for cancellation in order to offer him or his proxy a chance to produce an evidence and present his opinion.
Articles 15 and 16 shall be amended as follows:
(Restriction on Registration)
Article 15.　Any person whose registration has been cancelled under the provisions of Article 14 may not be eligible to receive the registration again on the agricultural chemical concerned during the period of one year from the day of the said cancellation.
(Agricultural Material Council)
Article 16.　In case the Minister of Agriculture and Forestry intends to establish, change or abolish the official standard under the provisions of Article 1-(2), or in case he intends to set forth or change the inspecting method of agricultural chemicals under the provision of Article 14 paragraph 2, he may hear the opinions of the Agricultural Material Council.
The following one Article shall be added next to Article 16:
(Exemption from Application)
Article 16-(2).　This Law shall not apply to any agricultural chemical to be manufactured, processed or sold for export purposes only.
In Article 17 item (1), "Article 7 or Article 9" shall be amended as "Article 7, 9 or 10-(2)" , and in item (2) of the same Article, "the order or prohibition under" shall be added next to "in contravention of" , and item (3) of the same Article shall be amended as follows:
(3)　Any person who is in contravention of the restriction or prohibition under the provision of Article 14 paragraph 1 or 2.
In Article 18 item (1), "Article 6" shall be amended as "Article 6 paragraph 2" .
The following one Article shall be added next to Article 18:
Article 18-(2).　Any person who has violated the provision of Article 6 paragraph 1 or 3 shall be liable to a fine not exceeding \5,000.
In Article 19, "two preceding articles" shall be amended as "preceding three Articles" , and the following proviso shall be added to the same Article:
However, this shall not apply to a juridical person or a person if it is proved that due care and supervision have been exercised over the business concerned in order to prevent the aforesaid violation committed by the said juridical person or person, or any proxy, employee or other worker.
Supplementary Provisions:
(Date of Enforcement)
1　This Law shall come into force as from the day of its promulgation.
(Tentative Provisions)
2　Any person whose agricultural chemical has been registered before the enforcement of this Law under the provisions of Article 2 of the existing Law shall apply for rewriting of his registration card and issuance thereof within six months reckoning from the day of the enforcement of this Law. In this case, the provision of Article 6 paragraph 4 shall not be applicable.
3　In case the person of the preceding paragraph has failed to apply for rewriting and issuance within the period of the same paragraph, his registration shall become null and void with the expiration of the period of the preceding paragraph, notwithstanding the provision of Article 5.
4　As for any agricultural chemical to which an indication has been affixed under the provision of Article 7 of the existing Law, the indication under the provisions of the same Law shall suffice within the period of one year reckoning from the day of the enforcement of this Law, so far as the application of the provisions of Articles 7 and 9 is concerned.
5　As for the application of the penal provisions to any act committed before the enforcement of this Law, the precedents under the former provisions shall still be applicable.
Minister of Agriculture and Forestry　HIROKAWA Kozen
Prime Minister　YOSHIDA Shigeru