CHAPTER I General Provisions

(Purpose) Article 1. The purpose of this Law is to establish the standards of measurement and secure administration of proper measurement, and thereby to contribute toward the development of economy and uplifting of culture.

(Definition of Measurement and Measuring Units) Article 2. The term "measurement" as used in this Law shall mean to measure length, mass, time, temperature, area, volume, speed, rate of acceleration, magnitude of force, pressure, work, power, heat, angle, flow, viscosity, density, concentration, luminous intensity, luminous flux, illumination, frequency, loudness level of noise, fineness, hardness, value of percussion, tensile strength, compressive strength, particle size, refractivity, humidity, specific gravity, and refractoriness (hereinafter referred to as "measure for the state of thing of objects" ), and the term "measuring units" shall mean the standards for measurement.

(Standard Measuring Units and Indications) Article 3. The measuring units of length, mass, time, and temperature shall be as follows: (1) The measuring unit of length shall be the meter. One meter shall be the length indicated as one meter by the International Prototype Meter at zero degree of temperature, and it shall be indicated by the Prototype Meter delivered to Japan by the Convention of the Meter; (2) The measuring unit of mass shall be the kilogram. One kilogram shall be the weight of the International Prototype Kilogram, and it shall be indicated by the Prototype Kilogram delivered to Japan by the Convention of the Meter; (3) The measuring unit of time shall be the second. One second shall be 1/86,400 of the mean solar day, and it shall be indicated by the time determined by the Tokyo Astronomical Observatory; (4) The measuring unit of temperature shall be the degree. The degree shall be defined by the thermodynamic scale (the scale whose zero degree at the equilibrium temperature of ice and water which is saturated with air under the pressure of 1.013250 bars and whose 100 degrees is the equilibrium temperature of water and steam under the pressure of 1.013250 bars), and it shall be indicated by the temperature scale determined by Cabinet Order in accordance with the decision of the International Committee of Weights and Measures.

(Keeping of the Prototypes and Auxiliary Prototypes) Article 4. The Prototype Meter mentioned in item (1) of the preceding Article and the Auxiliary Prototype Meter made after the former shall be kept by the Minister of International Trade and Industry. 2 The Prototype Kilogram mentioned in item (2) of the preceding Article and the Auxiliary Prototype Kilogram made after the former shall be kept by the Minister of International Trade and Industry.

(Derived Measuring Units and Indications) Article 5. The measuring units of area, volume, speed, rate of acceleration, magnitude of force, pressure, work, power, heat, angle, flow, viscosity, density, concentration, luminous intensity, luminous flux, illumination, frequency, and loudness level of noise shall be as follows: (1) The measuring units of area shall be the square meter. One square meter shall mean the area of a square whose sides are one meter in length; (2) The measuring units of volume shall be the cubic meter. One cubic meter shall mean the volume of a cube whose edges are one meter in length; (3) The measuring unit of speed shall be the meter per second. One meter per second shall mean the speed of one meter per second; (4) The measuring unit of the rate of acceleration shall be the meter per second per second. One meter per second per second shall mean the rate of acceleration of one meter per second in one second; (5) The measuring unit of the magnitude of force shall be the newton and kilogram weight. One newton shall mean the magnitude of force producing the rate of acceleration of one meter per second per second when such force is acted upon a body of a mass of one kilogram. One kilogram weight shall mean the magnitude of force producing the rate of acceleration of 9.80665 meters per second per second when such force is acted upon a body of a mass of one kilogram; (6) The measuring unit of pressure shall be the bar, kilogram weight per square centimeter, meter mercury column, meter water column, and barometric pressure. One bar shall mean the pressure of 100,000 newtons upon one square meter. One kilogram weight per square centimeter shall mean the pressure of 10,000 kilograms weights on one square meter. One meter mercury column shall mean the pressure at the base of one-meter liquid column with the density of 13,595.10 kilograms per cubic meter as applied under the gravity of the rate of acceleration of 9.80665 meters per second per second;provided however, that in the meteorological field the unit decided by the International Meteorological Organization may be used. One meter water column shall mean the pressure at the base of one-meter liquid column with the density of 999.972 kilograms per cubic meter as applied under the gravity of the rate of acceleration of 9.80665 meters per second per second. One barometric pressure shall mean the pressure at the base of 0.76 meter liquid column with the density of 13,595.10 kilograms per cubic meter as applied under the gravity of the rate of acceleration of 9.80665 meters per second per second; (7) The measuring unit of work shall be the joule, kilowatt hour, and kilogram meter. One joule shall mean the work done by the force of one newton to move one meter in the direction to which the force is applied. One kilowatt hour shall mean the work done by the power of 1,000 watts in 3,600 seconds. One kilogram meter shall mean the work done by the magnitude of force of one kilogram weight to move one meter in the direction to which the force is applied; (8) The measuring unit of power shall be the watt. One watt shall mean the power of one joule per second; (9) The measuring unit of heat shall be the joule, kilowatt hour, kilogram meter, and kilocalorie. One joule shall mean the amount of heat equal to the work of one joule. One kilowatt hour shall mean the amount of heat equal to the work of one kilowatt hour. One kilogram meter shall mean the amount of heat equal to the work of one kilogram meter. One kilocalorie, when the temperature is designated, shall mean the amount of heat which raises the temperature of one kilogram of water, under the pressure of 1.013250 bars, from the temperature 0.5 degrees lower than the designated temperature to the temperature 0.5 degrees higher than the designated tempeperature;and when the temperature is not designated, it shall be 4,186.05 joules; (10) The measuring unit of angle shall be the degree and radian. One degree shall mean the central angle subtended by an arc formed by dividing the circumference into 360 equal parts. One radian shall mean the central angle subtended by an arc whose length is equal to the length of the radius; (11) The measuring unit of flow shall be the cubic meter per second and kilogram per second. One cubic meter per second shall mean the rate of flow of one cubic meter in one second. One kilogram per second shall mean the rate of flow of one kilogram in one second; (12) The measuring unit of viscosity shall be the poise. One poise shall mean the stress of the force of 0.1 newton produced in a flowing body which has a speed gradient per meter of one meter per second on a plane of one square meter perpendicular to the speed gradient; (13) The measuring unit of density shall be the kilogram per cubic meter. One kilogram per cubic meter shall mean the density of one kilogram per cubic meter; (14) The measuring unit of concentration shall be the mass percentage, volume percentage, mol concentration, and the normal. The mass precentage shall mean 100 times the ratio of the mass of the ingredient of a substance and the mass of the substance. The volume percentage shall mean 100 times the ratio of the volume of the ingredient of a substance and the volume of the substance under the same pressure. One mol concentration shall mean such a concentration of a solution which contains a dissolved substance of 1,000 grams molecules in one cubic meter solution. One normal shall mean such concentration of a solution which contains 1,000 grams equivalent of dissolved substance in one cubic meter solution; (15) The measuring unit of luminous intensity shall be the candela. One candela shall mean 1/600,000 of the light emitted perpendicularly from the plane surface of one square meter of a back body at the solidifying point of platinum. The measuring unit of the luminous intensity of which the color of the light source is other than the black body at the solidifying point of platinum, as provided for in the preceding paragraph, shall be determined by Cabinet Order according to the decision of the International Committee of Weights and Measures. The candela shall be indicated by primary standard that shall be kept by the Minister of International Trade and Industry; (16) The measuring unit of luminous flux shall be the lumen. One lumen is the luminous flux emitted in unit solid angle (solid-angle subtended at the center of a sphere of one meter radius by the spherical surface of one square meter) by a uniform point source of one candela; (17) The unit of illumination shall be the lux. One lux is the illumination of a surface one square meter in area, receiving a uniformly distributed flux of one lumen; (18) The measuring unit of frequency shall be the cycle per second or cycle. One cycle per second or cycle shall mean the frequency of periodic phenomena repeated once in one second; (19) The measuring unit of the loudness level of noise shall be the phon. Phon shall be defined by the power density level of the reference sound (the progressive plane sinusoidal sound wave of 1,000 cycles per second) which is equal in loudness with the noise, and the power density level of the reference sound shall be indicated by the common logarithm scale which registered as zero phon whon the ratio of the said power density (power per square meter) to the power density of 1/1,000,000,000,000 watt per square meter under the pressure of 1.013250 bars at zero degree is 1 and is registered as 10 phons when the ratio is 10. The phon shall be indicated by the primary standard kept by the Minister of Telecommunications.

(Auxiliary Measuring Units) Article 6. The auxiliary measuring units of the measuring units under Article 3 and the preceding Article shall be as follows: (1) The auxiliary measuring units of the meter under Article 3 item (1) shall be the millimicron, micron, millimeter, centimeter, decimeter, and kilometer. 1 millimicron is 1/1,000,000,000 of 1 meter; 1 micron is 1/1,000,000 of 1 meter; 1 millimeter is 1/1,000 of 1 meter; 1 centimeter is 1/100 of 1 meter; 1 decimeter is 1/10 of 1 meter, and 1 kilometer is 1,000 meters; (2) The auxiliary measuring units of the kilogram under Article 3 item (2) shall be the milligram, gram and the ton. 1 milligram is 11,000,000 of 1 kilogram; 1 grain is 1/1,000 of 1 kilogram, and 1 ton is 1,000 kilograms; (3) The auxiliary measuring units of the second under Article 3 item (3) shall be the minute and the hour. 1 minute is 60 seconds; 1 hour is 3,600 seconds; (4) The auxiliary measuring units of the degree under Article 3 item (4) shall be the absolute temperature. The absolute temperature shall mean the graduation shown by the sum of the numerical value showing the degree plus the numerical value determined by Cabinet Order; (5) The auxiliary measuring units of the square meter under Article 5 item (1) shall be the square millimeter, square centimeter, square decimeter, square kilometer, are, and hectare. 1 square millimeter is 1/1,000,000 of 1 square meter; 1 square centimeter is 1/10,000 of 1 squar meter; 1 square decimeter is 1/100 of 1 suqare meter; 1 square kilometer is 1,000,000 square meters; 1 are is 100 square meters, and 1 hectare is 10,000 square meters; (6) The auxiliary measuring units of the cubic meter under Article 5 item (5) shall be the cubic millimeter, cubic centimeter and cubic, decimeter. 1 cubic millimeter is 1/1,000,000,000 of 1 cubic meter; 1 cubic centimeter is 1/1,000,000 of 1 cubic meter, and 1 cubic decimeter is 1/1,000 of cubic meter; (7) The auxiliary measuring unit of the meter per second under Article 5 item (3) shall be the kilometer per hour. 1 kilometer per hour is the speed of 1 kilometer in one hour; (8) The auxiliary measuring units of the meter per second per second under Article 5 item (4) shall be the milligal and the gal. 1 milligal is 1/100,000 of 1 meter per second per second, and 1 gal is 1/100 of 1 meter per second per second; (9) The auxiliary measuring units of the newton under Article 5 item (5) shall be the dyne and the megadyne. 1 dyne is 1/100,000 of 1 newton, and 1 megadyne is 10 newtons; (10) The auxiliary measuring units of the kilogram weight under Article 5 item (5) shall be the milligram weight, gram weight, and ton weight. 1 milligram weight is 1/1,000,000 of 1 kilogram weight; 1 gram weight is 1/1,000 of 1 kilogram weight, and 1 ton weight is 1,000 kilograms weight; (11) The auxiliary measuring units of the bar under Article 5 item (6) shall be the microbar and millibar. 1 microbar is 1/1,000,000 of 1 bar, and 1 millibar is 1/1,000 of 1 bar; (12) The auxiliary measuring unit of the kilogram weight per square centimeter under Article 5 item (6) shall be the gram weight per square centimeter. 1 gram weight per squar centimeter is 1/1,000 of 1 kilogram weight per square centimeter; (13) The auxiliary measuring units of the meter mercury column under Article 5 item (6) shall be the millimeter mercury column and centimeter mercury column. 1 millimeter mercury column is 1/1,000 of 1 meter mercury column, and 1 centimeter mercury column is 1/100 of 1 meter mercury column; (14) The auxiliary measuring units of the meter water column under Article 5 item (6) shall be the millimeter water column and centimeter water column. 1 millimeter water column is 1/1,000 of 1 meter water column, and 1 centimeter water column is 1/100 of 1 meter water column; (15) The auxiliary measuring units of the joule under Article 5 item (7) shall be the erg and the kilojoule. 1 erg is 1/10,000,000 of 1 joule, and 1 kilojoule is 1,000 joules; (16) The auxiliary measuring unit of the kilowatt hour under Article 5 item (7) shall be the watt hour. 1 watt hour is 1/1,000 of 1 kilowatt hour; (17) The auxiliary measuring unit of the watt under Article 5 item (8) shall be the kilowatt. 1 kilowatt is 1,000 watts; (18) The auxiliary measuring units of the joule under Article 5 item (9) shall be the erg and the kilojoule. 1 erg is 1/10,000,000 of 1 joule, and 1 kilojoule is 1,000 joules; (19) The auxiliary measuring unit of the kilowatt hour under Article 5 item (9) shall be the watt hour. 1 watt hour is 1/1,000 of 1 kilowatt hour; (20) The auxiliary measuring unit of the kilocalorie under Article 5 item (9) shall be the calorie. 1 calorie is 1/1,000 of, kilocalorie; (21) The auxiliary measuring units of the degree under Article 5 item (10) shall be the second and the minute. 1 second is 1/3,600 of 1 degree, and 1 minute is 1/60 of 1 degree; (22) The auxiliary measuring unit of the cubic meter per second under Article 5 item (11) shall be the cubic meter per minute. 1 cubic meter per miunte shall mean the rate of flow of 1 cubic meter in 1 minute; (23) The auxiliary measuring unit of the kilogram per second under Article 5 item (11) shall be the ton per hour. 1 ton per hour shall mean the rate of flow of 1 ton in 1 hour; (24) The auxiliary measuring units of the poise under Artice 5 item (12) shall be the millipoise and the centipoise. 1 millipoise is 1/1,000 of 1 poise, and 1 centipoise is 1/100 of 1 poise; (25) The auxiliary measuring unit of the kilogram per cubic meter under Article 5 item (13) shall be the gram per cubic centimeter. 1 gram per cubic centimeter shall mean the density of 1 gram per cubic centimeter; (26) The auxiliary measuring units of the cycle per second or cycle under Article 5 item (18) shall be the kilocycle per second or kilocycle, megacycle pre second or megacycle, revolution per second and the revolution per hour. 1 kilocycle per second or kilocycle shall mean 1,000 cycles per second or 1,000 cycles, 1 megacycle per second or megacycle shall mean 1,000,000 cycles per second or 1,000,000 cycles, The revolution per minute shall mean the frequency of periodic phenomena repeated once in one minute, The revolution per hours hall mean the frequency of periodic phenomena repeated once in one hour.

Article 7. The measuring units, other than those stipulated in the preceding Article, used to measure the length on the sea and the volume of liquid or granular substance and the auxiliary measuring units of special measurement stipulated by Cabinet Orders for the purpose of measuring length, volume, mass, speed, angle, density or concentration shall be determined by Cabinet Order.

(Abbreviation) Article 8. The abbreviations for the measuring units under Article 3 and Article 5 and those of the auxiliary measuring units undre Article 6 and the preceding Article (hereinafter referred to as "statutory measuring units," ) shall be determined by Ministry of International Trade and Industry Ordinance.

(Measuring Unit of Fineness and Others) Article 9. The measuring units, auxiliary measuring units, and abbreviations thereof of fineness, hardness, value of percussion, tensile strength, compressive strength, particle size, refractivity, humidity, specific gravity, and refractoriness shall be determined by the Ministry of International Trade and Industry Ordinance.

(Prohibition to Use Non-statutory Measuring Units) Article 10. As to the measures for the state of thing of objects as provided for in Articles 3 and 5, measuring units other than the statutory measuring units shall not be used in the measurement for transaction or certification (including the indication of the measures for the state of thing of objects;hereinafter the same in this Article);provided that the same shall not apply to the measurement of export goods, import goods and other measurements prescribed by Cabinet Order. 2 The auxiliary measuring units as prescribed by Cabinet Order under Article 7 shall not be used in the measurement for transaction or certification unless such are used for the special purposes stipulated in the Cabinet Order under the same Article. 3 The provision of the proviso to paragraph 1 shall apply mutatis mutandis to the case under the preceding paragraph.

(Definitions of Transaction and Certification) Article 11. The term "transaction" as used in this Law shall mean any act, with or without compensation, in business the object of which is either the delivery of goods or performance of services. 2 The term "certification" as used in this Law shall mean the act of certifying to the public or to other persons that a certain fact is true in the course of business. 3 The measurement, conducted by using measuring devices, for the movement of carriages or in shipping, or for the prevention of impairments to human lives, properties or sanitation with respect to handing explosives, gases and other dandgerous materials which are prescribed by Cabinet Order shall be deemed to be certification in the application of this Law.

(Definition of Measuring Device) Article 12. The term "measuring device" as used in this Law shall mean the instrument, machinery or equipment used for measuring, which are mentioned below (excluding the Prototype Meter, Prototype Kilogram, Auxiliary Prototype Meter, Auxiliary Prototype Kilogram, primary standard under Article 5 item (15) and item (19) and the model measuring device): (1) Following length measures: a) Graduated ruler, b) Drawing scale, c) Graduated square, d) Graduated drawing square, e) Tape measure, f) Folding ruler, g) Linked measure, h) Caliper square, i) Revolving lengh measure, j) Graduationless length measure (block gauge only); (2) Balances and scales; (3) Following time-meters: a) Stop watch, b) Timers; (4) Following thermometers: a) Graduated thermometer, b) Self-recording thermometer; (5) Planimeter; (6) Following volumeters: a) Measure, b) Chemical-use volumeters (limited only to measuring flask, pipette, burette, measuring cylinder, and blood precipitation meter), c) Flow volumeter, d) Fixed-volume pouring machine, e) Graduated tank, graduated tanker and graduated tank-lorry, f) Gas burette, g) Spirometer; (7) Following speedometers: a) Pitot tube speedometer, b) Mechanical centrifugal revolving speedometer. c) Eddy-current revolving speedometer, d) Visco-rotary-typespeedometer, e) Electrical revolving speedometer, f) Clock-type revolving speedometer, g) Propeller-type revolving speedometer; (8) Dynamometer; (9) Following pressure gauges: a) Graduated pressure gauge, b) Self-recording pressure gauge, c) Weight-type standard pressure gauge, d) Sphygmometer; (10) Work-meter (excluding watt hour meter); (11) Following power-meters: a) Brake power-meter, b) Reaction power-meter, c) Transmission power-meter; (12) Calorimeter; (13) Following angle gauges: a) Mechanical protractor, b) Bevel protractor, c) Theodolite, d) Graduated water-level, e) Sextant and octant, f) Clinometer, g) Plumb-line meter; (14) Following flowmeters: a) Pressure difference flowmeter, b) Surface-type flowmeter; (15) Viscometer (tube-type viscometer only); (16) Densimeter; (17) Concentration-meter (buoy-type liquid thickness meter only); (18) Luminometer; (19) Limino-flux meter; (20) Illuminometer; (21) Frequency-meter; (22) Noise-meter; (23) Fineness measuring devices; (24) Following hardness testers: a) Brinell metal hardness tester, b) Rockwell B metal hardness tester, c) Rockwell C metal hardness tester, d) Vicker's metal hardness tester, e) Shore metal hardness tester; (25) Following impact testers: a) Charpy metal impact tester, b) Izod metal impact tester; (26) Following tension testers: a) Metal tension tester, b) Fiber tension tester; (27) Compression tester (metal compression tester only); (28) Particle-size meter (standard sieve only); (29) Refractometer (dioptre meter only); (30) Following hygrometers: a) Dry-and-wet bulb hygrometer, b) Electrical hygrometer, c) Hygrometer by change of body shape; (31) Hydrometer; (32) Refractoriness-meter.

CHAPTER II Enterprises Relating to Measuring Devices

Section 1 Manufacture

(Permission for Enterprise of Manufacture) Article 13. Any person who intends to engage in an enterprise of manufacturing measuring devices (including remodelling other than the repair and other construction (hereinafter referred to as "repair" ) prescribed by Ministry of International Trade and Industry Ordinance) shall obtain a permission from the Minister of International Trade and Industry for each factory or workshop according to the classification under the following Article;provided, however, that the same shall not apply to a person who intends to engage in manufacture of measuring devices to be used only for his own use. 2 When the person as stipulated in the proviso to the preceding paragraph intends to engage in an enterprise of manufacture, he shall report to that effect to the Minister of International Trade and Industry.

(Classification of Permission) Article 14. The classification of the permission for the enterprise of manufacture shall be as follows: (1) Metal length measure; (2) Wooden length measure; (3) Bamboo length measure; (4) Cloth length measure; (5) End measure; (6) Revolving length measure; (7) Length measures (excluding those mentioned in the preceding six items); (8) Balance; (9) Spring balance; (10) Suspension weigher, saucer balance and platform balance; (11) Steel yard; (12) Automatic balance; (13) Weight and poise; (14) Balances (excluding those mentioned in the preceding six items); (15) Time-meter; (16) Clinical thermometer; (17) Glass thermometer (excluding clinical thermometer); (18) Metal thermometer; (19) Thermometers (excluding those mentioned in the preceding three items); (20) Planimeter; (21) Gas-meter; (22) Water-meter; (23) Gasoline-measure; (24) Oil-meter; (25) Wooden measure and flushing bar; (26) Metal measure; (27) Chemical-use volumeter and glass measure; (28) Volumeters (excluding those mentioned in the preceding seven items); (29) Speedometer; (30) Dynamometer; (31) Pressure gauge; (32) Work-meter; (33) Power-meter; (34) Calorimeter; (35) Angle gauge; (36) Flowmeter; (37) Viscometer; (38) Densimeter;thickness-meter, and hydrometer; (39) Luminometer, lumino-flux-meter and illuminometer; (40) Tachometer; (41) Acoustmeter; (42) Frequency-meters (excluding the tachometer and acoustmeter); (43) Noise-meter; (44) Fineness measuring devices; (45) Hardness tester; (46) Impact tester, tension tester and compression tester; (47) Particle-size meter; (48) Refractometer; (49) Hygrometer; (50) Refractoriness-meter.

(Reasons for Disqualification of Permission) Article 15. Any person who comes under any one of the following items may not obtain the permission for the enterprise of manufacture: (1) Any person who, having violated this Law or any order based on this Law, has been sentenced to a fine or heavier penalty and for whom two years have not passed since the day on which his sentence has been completed or has become unenforceable; (2) Any person who, having been revoked the permission for the enterprise of manufacture or repair or the registration of the business of sale or brokerage under the provisions of this Law, and for whom two years have not passed since the day of the revocation; (3) Any person who has been revoked the registration of the certified measurer under the provisions of this Law and for whom two years have not passed since the day of the revocation; (4) Any juridical person of which a person mentioned in the preceding three items is the officer.

(Application for Permission) Article 16. Any person who intends to obtain permission for the enterprise of manufacture shall submit his application, on which the following items are mentioned together with a plans of the factory or workshop and, in the case of a juridical person, the articles of association or acts of donation, to the Minister of International Trade and Industry through the governor of To, Do, Fu or prefecture who exercises jurisdiction over the said factory or workshop: (1) Name or title and address and, in the case of a juridical person, the name and address of the representative; (2) Location of the factory or workshop; (3) Kind of measuring device to be manufactured; (4) Names and number of principal equipment used for the manufacture; (5) Name and career of the head technician; (6) Business plan and estimated income and expenditure of the enterprise; (7) Date of completion of the facilities for the manufacture; (8) Expected date of the commendcement of business.

(Forwarding of Application) Article 17. The governor of To, Do, Fu or prefecture shall when he has received the application for permission for the enterprise of manufacture under the preceding Article, investigate the matters stated in the application and send it to the Minister of International Trade and Industry within one month.

(Order for Trial Manufacture) Article 18. The Minister of International Trade and Industry shall, within one month after receiving the application, order, by designating the number not exceeding fifty, the applicant to manufacture for trial the measuring devices selected by the applicant out of those listed in the classification of the said application and to present them within six months;provided, however, that the same shall not apply to the applicant who comes under any one of the items of Article 15 or the applicant who does not come under any of items (1) to (3) inclusive of the following Article.

(Standards for Permission) Article 19. The Minister of International Trade and Industry shall, when he finds that the application for the enterprise of manufacture conforms to each one of the following items, give a permission: (1) That the applicant is equipped with the model measuring device prescribed by the Ministry of International Trade and Industry Ordinance for the inspection of the said measuring devices and has passed the model measuring device inspection; (2) That the applicant is equipped with the facilities, other than that mentioned in the preceding item, as prescribed by the Ministry of International Trade and Industry Ordinance for the inspection of the said measuring devices; (3) That the equipment for the manufacture of measuring devices conform to the technical standards prescribed by the Ministry of International Trade and Industry Ordinance; (4) That the measuring devices presented in accordance with the order provided for in the preceding Article conform to every one of the items of Article 89 paragraph 1 and shall pass the qualification test of durability prescribed by Ministry of International Trade and Industry Ordinance. 2 The Minister of International Trade and Industry shall, when he recognizes that the application for the enterprise of manufacture does not conform to every item of the preceding paragraph, notify to that effect to the applicant.

(Effective Period of Permission) Article 20. The effective period of the permission for the enterprise of manufacture shall be ten years reckoned from the day of permission;provided that this shall not preclude a renewal of the permission.

(Delivery of Permit) Article 21. The Minister of International Trade and Industry shall, when he has given the permission for the enterprise of manufacture, deliver a permit to the applicant. 2 The following matters shall be mentioned on the permit: (1) Date and number of permission; (2) Name or title and address; (3) Location of factory or workshop; (4) Classification of permission.

(Incidental Business) Article 22. The person who has obtained the permission for the enterprise of manufacture (hereinafter referred to as "manufacturer" ) shall not be prevented, notwithstanding the provision of Article 35 paragraph 1, from engaging in the enterprise of repair of measuring devices according to the classification of permission at the factory or workshop for which he has been given the permission, and shall not be prevented, notwithstanding the provision of Article 47 paragraph 1, from engaging in the business of selling the measuring devices he manufactured or repaired. 2 When the manufacturer intends to engage, at a place outside the factory or workshop for which the permission has been given, in the enterprise of sale of the measuring device he manufactured or repaired, he shall, excepting the case where the registration under Article 47 paragraph 1 has been obtained, report to that effect to the governor of To, Do, Fu or prefecture who exercises jurisdiction over the place of the said business.

(Manufacturing at Place Other than Factory and Workshop) Article 23. The manufacturer shall not be prevented, notwithstanding the provision of Article 13 paragraph 1 or Article 35 paragraph 1, from manufacturing or repairing measuring devices at a place other than the factory or workshop for which the permission has been given in case he has reported beforehand such fact to the governor of To, Do, Fu or prefecture exercising Jurisdiction over the place.

(Report of Mark) Article 24. The manufacturer shall, in order to show that a certain measuring device has been made by him, decide on a mark and report it to the Minister of International Trade and Industry. The same shall apply in case he has changed the mark. 2 The manufacturer who has obtained the permission for two or more categories of the classification or for two or more factories or workshops shall use one and the same mark provided for in the preceding paragraph for all categories, factories and workshops. 3 The Minister of International Trade and Industry may, when he has found that a mark which has been reported under the provision of paragraph 1 is the same or similar to a mark which was previously reported by another person, order to change the mark.

(Indication of Mark) Article 25. When the manufacturer has manufactured or repaired any measuring device, he shall indicate on the said measuring device without delay the mark which he reported in accordance with the provision of paragraph 1 of the preceding Article and the name of To, Do, Fu or prefecture in which his factory or workshop is located;provided that this shall not apply to the measuring devices on which the indication of the mark is difficult owing to its construction and which are prescribed by Ministry of International Trade and Industry Ordinance.

(Change of Facilities and Others) Article 26. The manufacturer shall, when he intends to change the manufacturing equipment or move the factory or workshop, obtain a permission from the Minister of International Trade and Industry. 2 The provisions of Article 19 paragraph 1 item (3) and paragraph 2 shall apply mutatis mutandis to the permission under the preceding paragraph.

(Succession) Article 27. In case there has been an inheritance or amalgamation to the manufacturer, the heir (in case there are two or more heirs and the successor to the enterprise is selected by the consent of all, the person who succeeds) or the juridical person that continues to exist after the amalgamation or the juridical person formed after an amalgamation shall succeed to the status of the manufacturer. 2 In case there has been a transfer of the entire business of manufacturing, the transferee shall succeed to the status of the manufacturer.

(Correction of the Permit) Article 28. When there has been a change in the matters provided for in Article 21 paragraph 2 item (2) or (3), the manufacturer shall present his permit without delay to the Minister of International Trade and Industry and have the corrections made. 2 In the case under the preceding paragraph, the person who has succeeded to the status of the manufacturer shall submit papers proving the fact.

(Report) Article 29. When the manufacturer has discontinued his business, he shall report to that effect without delay to the Minister of International Trade and Industry. This shall also apply in case the business is suspended for a period of one month or more. 2 When the juridical person manufacturer has changed its representative or when the name of the representative has been changed, the said juridical person shall report to that effect without delay to the Minister of International Trade and Industry.

(Reissuance of Permit) Article 30. When the manufacturer has soiled, damaged or lost his permit, he may apply for reissuance of the permit to the Minister of International Trade and Industry.

(Invalidation of Permission) Article 31. When the manufacturer has discontinued his business, his permit shall lose its validity.

(Revocation of Permission or Suspension of Business) Article 32. The Minister of International Trade and Industry may, when the manufactuer falls under any one of the following items, revoke his permit or order the suspension of his business by stipulating the period within the limit of one year: (1) When one has violated the provisions of this Law or any order based on this Law; (2) When one has come to fall under any one of the items of Article 15; (3) When one has obtained the permission for the enterprise of manufacture through wrongful means; (4) When one has become lacking in the model measuring device which is prescribed by Ministry of International Trade and Industry Ordinance under Article 19 paragraph 1 item (1) and which has passed the model measuring device inspection, or the facilities prescribed by Ministry of International Trade and Industry Ordinance under item (2) of the same paragraph.

(Return of Permit) Article 33. When the permit for manufacture has become invalid, the manufacturer shall return it, within one month, to the Minister of International Trade and Industry.

(Procedure for Reissuance of Permit) Article 34. With respect to the reissuance of the permit provided for in the proviso to Article 20, the permit may be reissued by the simple procedure prescribed by Ministry of International Trade and Industry Ordinance, notwithstanding the provisions of Article 16 to Article 18 inclusive and Article 19 paragraph 1 item (4).

Section 2 Repair

(Permission for Business of Repair) Article 35. Any person who intends to engage in the business of repairing measuring devices shall obtain a permission, in accordance with the classification of the following Article, from the governor of To, Do, Fu or prefecture who exercises jurisdiction over the location of the factory or workshop;provided, however, that the same shall not apply to the person who intends to engage in the repairing work of measuring devices of his own use. 2 When the person provided for in the proviso to the perceding paragraph intends to engage in the repairing work, he shall report to that effect to the governor of To, Do, Fu or prefecture exercising jurisdiction over the factory or workshop.

(Classification of Permit) Article 36. The classification for the enterprise of repair shall be as follows: (1) Length measure (excluding revolving length measure) and planimeter; (2) Balance and scale and dynamometer; (3) Time-meter; (4) Electrical thermometer; (5) Gas-meter; (6) Water-meter; (7) Gasoline measure; (8) Volumeter (excluding gas-meter, watermeter and gasoline measure); (9) Speedometer, revolving length measure and tachometer; (10) Pressure gauge and thermometer (excluding electric thermometer); (11) Work-meter power-meter; (12) Calorimeter; (13) Angle gauge; (14) Flowmeter; (15) Viscometer; (16) Densimeter, thickness-meter, hygrometer and hydrometer; (17) Luminometer, lumino-flux-meter and illuminometer; (18) Noise-meter and acoustmeter; (19) Frequency-meters (excluding tachometer and acoustmeter); (20) Hardness tester, impact tester, tension tester, and compression tester; (21) Fineness measuring devices; (22) Particle-size meter; (23) Refractometer; (24) Refractoriness-meter.

(Application for Permission) Article 37. Any person who intends to obtain a permission for the enterprise of repair shall submit his application, on which the following items are mentioned together with a plan of the factory or workshop and, in the case of a juridical person, the articles of association or acts of donation, to the governor of To, Do, Fu or prefecture exercising jurisdiction over the location of the factory or workshop: (1) Name or title and address and, in the case of a juridical person, the name and address of the representative; (2) Location of the factory or workshop; (3) Kind of measuring device to be repaired; (4) Name and number of principal equipment to be used for the repairing; (5) Name and career of the head technician; (6) Business plan and estimated income and expenditure of the enterprise; (7) Date of the completion of the facilities for the repairing; (8) Expected date of the commencement of business.

(Standards for Permission of Repair Enterprise) Article 38. The governor of To, Do, Fu or prefecture shall give a permission when he finds that the application for the enterprise of repair conforms to every one of the following items: (1) That the applicant is equipped with a model measuring device which is prescribed by Ministry of International Trade and Industry Ordinance for the inspection of measuring devices and which has passed the model measuring device inspection; (2) That the applicant is equipped with the facilities, other than that mentioned in the preceding item, prescribed by Ministry of International Trade and Industry Ordinance; (3) That the equipment for the repairing of measuring devices conform to the technical standards prescribed by Ministry of International Trade and Industry Ordinance. 2 The governor of To, Do, Fu or prefecture shall, when he deems that the application for the enterprise of repair does not conform to every one of the items of the preceding paragraph, notify to that effect to the applicant.

(Incidental Business) Article 39. The person who has obtained the permission for the enterprise of repair (hereinafter referred to as "mender" ) shall not be prevented, notwithstanding the provision of Article 47 paragraph 1, from engaging in the business of selling the measuring devices which he repaired at the factory or workshop for which the permission has been given.

(Repairing at Place Other than Factory or Workshop) Article 40. The mender shall not be prevented, notwithstanding the provision of Article 35 paragraph 1, from engaging in repairing business of measuring devices at a place other than the factory or workshop for which the permission has been given in case he has obtained in advance a permission from the governor of To, Do, Fu or prefecture exercising jurisdiction over the place (or in case the applicant has reported the same to the governor if the place is in the same area under the jurisdiction of the governor of To, Do, Fu or prefecture who has given the permission for the enterprise of repair).

(Report of Mark) Article 41. The mender shall, in order to show that a certain measuring device has been repaired by him, decide on a mark and report the same to the Minister of International Trade and Industry. The same shall also apply in case he has changed the mark. 2 The provisions of Article 24 paragraphs 2 and 3 shall apply mutatis mutandis to the mark under the preceding paragraph. 3 The manufacturer who is at the same time the mender shall use the same mark for both enterprises.

(Change of Facilities and Others) Article 42. The mender shall, when he intends to change the repairing equipment or to move the factory or workshop within the To, Do, Fu or prefecture under the jurisdiction of the governor who has given the permission, obtain a permission of the said governor. 2 The provisions of Article 38 paragraph 1 item (3) and paragraph 2 shall apply mutatis mutandis to the permission under the preceding paragraph.

(Invalidation of Permission) Article 43. When any mender has discontinued the business or has moved his factory or workshop to a place outside the jurisdiction of the governor of To, Do, Fu or prefecture from whom he has obtained the permission, the permit shall lose its validity.

(Revocation of Permission or Suspension of Business) Article 44. The governor of To, Do, Fu or prefecture may, when the mender falls under any one of the following items, revoke the permission or order the suspension of the business by stipulating a period within the limit of one year: (1) When one has violated the provisions of this Law or any order based on this Law; (2) When one has come to fall under any one of the items of Article 15 which applies mutatis mutandis in Artiele 46; (3) When one has obtained the premission through wrongful means; (4) When one has become lacking in the model measuring device which is prescribed by Ministry of International Trade and Industry Ordinance under the provision of Article 38 paragraph 1 item (1) and which has passed the model measuring device inspection or the facility prescribed by Ministry of International Trade and Industry Ordinance under the provision of item (2) of the same paragraph.

(Procedure for Reissuance of Permit) Article 45. With respect to the reissuance of the permit provided for in the proviso to Article 20 which applies mutatis mutandis in the following Article, the permit may be reissued by the simple procedure prescribed by Ministry of International Trade and Industry Ordinance, notwithstanding the provision of Article 37.

(Provisions for Application Mutatis Mutandis) Article 46. The provisions of Article 15, Article 20, Article 21, Article 25, Article 27 to Article 30 inclusive and Article 33 shall be apply mutatis mutandis to the enterprise of repair. In this case, the term "Minister of International Trade and Industry" as used in Article 21 paragraph 1, Article 28 to Article 30 inclusive, and Article 33 shall read "governor of To, Do, Fu or prefecture" .

Section 3 Sale and Brokerage of Sale

(Registration of Business of Sale) Article 47. Any person who intends to engage in the business of sale of measuring devices or brokerage of sale (hereinafter referred to as "sale, etc." ) shall receive a registration, for each shop, according to the classification of the following Article, from the governor of To, Do, Fu or prefecture exercising jurisdiction over the location of such establishment;provided, however, that the same shall not apply in cases where the person who has obtained the permission for the enterprise of manufacture or repair of measuring devices or the person who has been registered for the business of sale, etc. intends to dispose the measuring devices by sale when the permit for the enterprise or the registration for the sale has lost its validity, and in the case prescribed otherwise by Ministry of International Trade and Industry Ordinance. 2 In the case under the proviso to the preceding paragraph, the person who intends to engage in the business of sale, etc. shall in advance, by determining the method and period of the sale, etc., report to the governor of To, Do, Fu or prefecture exercising jurisdiction over the place of the shop (or the place of abode if one has not a shop). This shall also apply in case the person intends to change the method or the period of the sale, etc.

(Classification of Registration) Article 48. The classification for the registration of the business of sale, etc. shall be as follows: (1) Length measure (excluding revolving length measure, calipers, vernier calipers and block gauge); (2) Measure (excluding the barrel-type gasoline measure), flushing bar and chemical-use volumeter; (3) Volumeters (other than those mentioned in the preceding item); (4) Scale, balance, weight, poise, dynamometer and fineness measuring devices; (5) Time-meter; (6) Thermometer, work-meter, power-meter, calorimeter, flowmeter, viscometer, densimeter, thickness-meter, frequency-meter (excluding tachometer), luminometer, lumino-flux-meter, illuminometer, noise-meter, refractometer, hygrometer, hydrometer and refractorinessmeter; (7) Planimeter, angle gauge, speedometer, pressure gauge, tachometer, particle size meter, caliper, vernier caliper, block gauge, revolving length measure, hardness tester, impact tester, tension tester and compression tester.

(Reasons for Disqualification of Registration) Article 49. Any person who comes under any one of the following items shall not be registered for the business of sale, etc. of measuring devices: (1) Any person who, having violated this Law or orders issued thereunder has been sentenced to a fine or heavier penalty and has not passed one year since the day on which his sentence has been completed or has become unenforceable; (2) Any person who, having been revoked the permission for the enterprise of manufacture or repair or the registration for the business of sale, etc. in accordance with the provisions of this Law, has not passed one year since the day of the revocation; (3) Any person who has been revoked the registration of the certified measurer in accordance with the provisions of this Law and for whom one year has not passed since the day of the revocation; (4) Any juridical person of which the person mentioned in the preceding three items is the official.

(Application for Registration) Article 50. Any person who intends to get registration of the business of sale, etc. shall submit an application, on which the following matters are mentioned and, in the case of a juridical person, together with the articles of association or acts of donation, to the governor of To, Do, Fu or prefecture exercising jurisdiction over the place where the shop is located: (1) Name or title and address and, in the case of a juridical person, the name and address of the representative; (2) Location of the shop; (3) Kind of measuring device which is the object of sale, etc.

(Standards for Registration) Article 51. The governor of To, Do, Fu or prefecture shall register the business of sale, etc. when he finds that the application for the registration conforms to each one of the following items: (1) That the applicant has a shop necessary for operating the business of sale, etc.; (2) In the case of the registration for the business of sale, etc. of the measuring devices mentioned in Article 48 item (4), that the applicant has the knowledge concerning the verification stamp, calibration stamp, construction of the said measuring devices and instrumental errors which are necessary in the business. 2 The governor of To, Do, Fu or prefecture shall when he deems that the application for the business of sale, etc. does not conform to each item of the preceding paragraph, notify to that effect to the applicant.

(Effective Period of Registration) Article 52. The effective period of the registration for the business of sale, etc. shall be five years reckoned from the day of the registration;provided that this shall not preclude the registration.

(Registration Book) Article 53. The governor of To, Do, Fu or prefecture shall keep a registration book and register the following matters: (1) Date and number of registration; (2) Name of title and address and, in the case of a juridical person, the name and address of the representative; (3) Location of the shop; (4) Classification of the registration; (5) In case the business has been ordered to be suspended in accordance with the provision of Article 59, the reasons and period of such suspension.

(Delivery of Registration Card) Article 54. The governor of To, Do, Fu or prefecture shall, when he has effected the registration of the enterprise of sale, etc., deliver a registration card to the applicant. 2 The following items shall be mentioned on the registration card: (1) Date and number of registration; (2) Name of title and address; (3) Location of the shop; (4) Classification of the registration.

(Sale Outside the Shop) Article 55. The person who has been registered for the enterprise of sale, etc.(hereinafter referred to as "seller" ) shall not be prevented, notwithstanding the provision of Article 47 paragraph 1, from selling measuring devices at the exhibitions, previews, or the place within the establishment determined by Minister of International Trade and Industry Ordinance in case he has reported in advance such a sale to the governor of To, Do, Fu or prefecture exercising jurisdiction over such place.

(Removal of Shop) Article 56. The seller shall, when he intends to move his shop within the district under the jurisdiction of the governor of To, Do, Fu or prefecture by whom the registration was made, report it to the same governor.

(Correction of Registration) Article 57. The seller shall, when there has been a change in the items provided for in Article 54 paragraph 2 item (2) or item (3), present, without delay, his registration card to the governor of To, Do, Fu or prefecture and have the corrections made. 2 The provision of Article 28 paragraph 2 shall apply mutatis mutandis to the case under the preceding paragraph.

(Invalidation of Registration) Article 58. When the seller has discontinued his business or moved his shop to a place outside the jurisdiction of the governor of To, Do, Fu or prefecture by whom the registration was effected the registration shall lose its validity.

(Revocation of Registration or Suspension of Business) Article 59. The governor of To, Do, Fu or prefecture may, when the seller comes under any one of the following items, revoke the registration or order the suspension of the business by stipulating the period within the limit of one year: (1) When one has violated the provisions of this Law or any order based on this Law; (2) When one has come under any one of the items of Article 49; (3) When one has registered for the enterprise of sale, etc. through wrongful means; (4) When one has become lacking in the shop to do the business of sale, etc.

(Deletion of Registration) Article 60. When any registration for the enterprise of sale, etc. has lost its validity, the governor of To, Do, Fu or prefecture shall deleted the registration under the provision of Article 53.

(Procedure of Re-registration) Article 61. With respect to the re-registration provided for in the proviso to Article 52, the re-registration may be made by the simple procedure prescribed by Ministry of International Trade and Industry Ordinance, notwithstanding the provision of Article 50.

(Provisions for Application Mutatis Mutandis) Article 62. The provisions of Articles 27, 29, 30 and 33 shall apply mutatis mutandis to the registration for the enterprise of sale, etc. In this case the term "Minister of International Trade and Industry" shall read "governor of To, Do, Fu or prefecture" .

CHAPTER III Preservation of Security of Measurement

(Duty to Receive Verification) Article 63. Any person who has manufactured, repaired, or imported, measuring devices shall not transfer, lend, or deliver the same to the person who commissioned the repair thereof unless the same have received the verification and passed it (as to the measuring devices provided for in Article 92, only those whose term of validity of verification has not expired).

Article 64. In the following cases, the provision of the preceding Article shall not apply: (1) When the manufacturer, mender or the seller transfers, lends, or delivers measuring devices after having obtained in advance a permission by stipulating the kind, number and the other party, from the Minister of International Trade and Industry; (2) When a person, who has reported in advance to the Minister of International Trade and Industry, transfers, lends, or delivers, measuring devices for purposes of export; (3) When a person, other than the manufacturer, mender or the seller, transfers, lends, or delivers measuring devices to be used for the purposes other than transaction or certification; (4) When the manufacturer or mender transfers, lends, or delivers measuring devices which have been repaired within the scope prescribed by Ministry of International Trade and Industry Ordinance and which conform to each item of Article 89 paragraph 1 (as to the measuring devices provided for in Article 92, only those whose term of validity of verification has not expired); (5) In addition to the case mentioned in the preceding item, when a person who is engaged in the enterprise of water-works or gas-works lends a water-meter or gas-meter (only the one which is within the term of validity,) which has been repaired, after obtaining the permission of the Minister of International Trade and Industry, within the scope prescribed by Ministry of International Trade and Industry Ordinance and which comes under each item of Article 89 paragraph 1, to the user of water or gas he supplies; (6) When a person transfers lends, or delivers the measuring device of particular type or construction which is prescribed by Cabinet Order; (7) When a person transfers, lends or delivers measuring devices which have been qualified in calibration (only those which are within the term of validity of calibration) and when the same are accompanied with calibration records; (8) When a person transfers, lends or delivers a measuring device which is being used by attaching to a land, building or other structure and which is prescribed by the Ministry of international Trade and Industry Ordinance under in item (1) of the proviso to Article 87 paragraph 1. 2 The permission under item (1) of the preceding paragraph shall not be given unless the measuring devices concerned are recognized as other than clinical thermometers and those prescribed by Ministry of International Trade and Industry Ordinance and, furthemore the same are to be used for the purposes other than transaction or certification or to be used for the purposes prescribed by Ministry of International Trade and Industry Ordinance. 3 The measuring device to be transferred, lent, or delivered, after obtaining a permission under paragraph 1 item (1), shall be labelled in conformity with the form prescribed by Ministry of International Trade and Industry Ordinance. 4 In the case under paragraph 1 item (4) or (5), the manufacturer, mender and the person engaged in water-works and gas-works shall, prior to the transfer, lending or delivery, inspect whether or not the said measuring device conforms to each item of Article 89 paragraph 1, by using the model measuring device which passed the model measuring devices inspection. 5 The permission under paragraph 1 item (5) shall not be given unless the person, who is engaged in water-works or gas-works, falls under Article 38 paragraph 1 item (1) and item (2). 6 Any person who has received, borrowed, or has been delivered with the measuring device provided for in paragraph 1 item (8) shall, prior to its use, receive a verification on the said measuring device.

(Duty of Notifying Repair) Article 65. When the manufacturer or mender has been entrusted with a repair, within the scope prescribed by Ministry of International Trade and Industry Ordinance under paragraph 1 item (4) of the preceding Article, if it is recognized that the measuring device in question comes under, even after the repair, Article 156 paragraph 1 item (1) or (2), he shall notify to that effect to the consignor.

(Limitation on Transfer, Etc.) Article 66. The seller (excluding the person provided for in Article 63) shall not transfer, lend or possess, for purposes of transfer or lending, any measuring device coming under any one of the following items: (1) Any measuring device on which no verification stamp or calibration stamp is affixed; (2) The measuring device which is provided for in Article 92 and passed the verification, but whose term of validity of verification has expired; (3) The measuring device which passed the calibration but those term of validity of calibration has expired. 2 The measuring device which has been qualified in calibration shall not be transferred or loaned unless it is accompanied with the calibration record.

Article 67. The provisions of the preceding Article shall not apply to the following measuring devices: (1) Measuring device for which the permission under Article 64 paragraph 1 item (1) has been obtained and to which the label provided for in paragraph 3 of the same Article is attached; (2) Measuring device for export; (3) Measuring device provided for in Article 64 paragraph 1 item (6); (4) Measuring device prescribed by Ministry of International Trade and Industry Ordinance under the proviso to Article 93 paragraph 1 and the proviso to Article 101.

(Limitation on Use) Article 68. Anything which is not a measuring device and any measuring device which comes under any one of the following items shall not be used for measurement in transaction. or certification which is conducted by using the statutory measuring units nor be possessed for the use of such purposes: (1) Any measuring device that is not verified or calibrated after it has been repaired; (2) The measuring device provided for in Article 66 paragraph 1.

Article 69. The provision of item (1) of the preceding Article shall not apply to the following measuring devices: (1) The measuring device which is provided for in Article 64 paragraph 1 item (4) and which conforms to every item of Article 89 paragraph 1; (2) The water-meter or gas-meter which is provided for in Article 64 paragraph 1 item (5) and which conforms to every item of Article 89 paragraph 1; (3) The measuring device which has been repaired, within the scope prescribed by Ministry of International Trade and Industry Ordinance, by the designated person under the provision of Article 173 for purposes of use at the designated place and which conforms to every item of Article 89 paragraph 1. 2 The person who has repaired the measuring device provided for in item (1) or item (2) of the preceding paragraph shall, prior to its use, test whether the said measuring device conforms to every item of Article 89 paragraph 1, the same by using the model measuring device that passed the model measuring device inspection. 3 The person who has repaired the measuring device provided for in paragraph 1 item (3) shall, prior to its use, let the certified measurer provided for in Article 177 item (1), test whether the said measuring device conforms to each item of Article 89 paragraph 1, the same by using the model measuring device that passed the model measuring device inspection.

Article 70. The provision of Article 68 item (2) shall not apply to the following measuring devices: (1) The measuring device which has obtained a permission under Article 64 paragraph 1 item (1) and to which the label under paragraph 3 of the same Article has been attached (only when it is furnished for the use prescribed by Ministry of International Trade and Industry Ordinance under paragraph 2 of the same Article); (2) The measuring device provided for in Article 64 paragraph 1 item (6); (3) The measuring device prescribed by Ministry of International Trade and Industry Ordinance under the proviso to Article 93 paragraph 1 and the proviso to Article 101.

Article 71. The provision of Article 68 shall not apply to the following: (1) Length measures other than those mentioned in Article 12 item (1); (2) Time-meters other than those mentioned in Article 12 item (3); (3) Thermometers other than those mentioned in Article 12 item (4); (4) Volumeters other than those mentioned in Article 12 item (6); (5) Speedometers other than those mentioned in Article 12 item (7); (6) Pressure gauges other than those mentioned in Article 12 item (9); (7) Work-meter (watt hour meter only); (8) Power-meters other than those mentioned in Article 12 item (11); (9) Angle gauges other than those mentioned in Article 12 item (13); (10) Flowmeters other than those mentioned in Article 12 item (14); (11) Viscometers (excluding the tube-type viscometer); (12) Concentration meters (excluding the buoytype liquid thickness meter); (13) The ships of which the mass of its loaded cargo is measured by the draught.

(Duty to Measure Accurately) Article 72. Any person who transacts or certifies the mass of the state of thing or object by statutory measuring units prescribed by Cabinet Order shall measure in such a way that the error does not exceed the limit stipulated by Cabinet order.

(Use of Containers Qualified in Capacity Inspection) Article 73. The person, who sells commodities by employing the statutory measuring units and by using containers qualified in the capacity inspection and filling the same up to the graduation indicated by the capacity under Article 118, shall not be required, notwithstanding the provision of Article 68 to measure with measuring devices. 2 The person under the provision of the preceding paragraph shall, in case the container of the same paragraph has two or more capacities indicated in accordance with the provision of Article 118, indicate clearly which capacity he is using.

Article 74. When a commodity, in a container qualified in the capacity inspection, is not filled up to the graduation indicated by the capacity under Article 118 such commodity shall not be sold;provided that the same shall not apply in case an indication is clearly made that the capacity indicated in accordance with the provision of the same Article is not used.

(Indication of Net Content) Article 75. When the person, who sells commodity by length, weight, or volume measured by the statutory measuring units prepares the commodity, in a container or package, in such a way that no one can either increase or decrease the length, weight, or volume thereof without breaking the container or tearing the package cover or sealing paper attached thereto, he shall indicate, on the container or package, the length, weight, or volume (hereinafter referred to as "net content" ) of the commodity measured by the said measuring unit. 2 For the indication under the provision of the preceding paragraph, the net content shall be measured in such a way that the error does not exceed the limit prescribed by Cabinet Order. 3 When the person who sells a commodity on which the indication under the provision of paragraph 1 is made (hereinafter referred to as "net content indicated commodity" ), he shall not be required to measure by using the measuring device notwithstanding the provision of Article 68;provided that the same shall not apply after the container is broken or package cover or sealing paper attached thereto under paragraph 1 is destroyed.

(Indication of Quality) Article 76. When the person, who sells a commodity by concentration, density, or viscosity measured by statutory measuring units, prepares the commodity, in a container or package, in such a way that no one can either increase or decrease the concentration, density, or viscosity thereof without either breaking the container or tearing the package cover or sealing paper attached thereto, and indicates on the container or package, the concentration, density or viscosity (hereinafter referred to as "quality" ) of the commodity measured by the said measuring unit, he shall measure the quality in such a way that the error shall not exceed the limit prescribed by Cabinet Order. 2 The person, who sells a commodity on which the indication under the provision of the preceding paragraph (hereinafter referred to as "quality indicated commodity" ) is made, shall not be required, notwithstanding the provision of Article 68, to measure by using a measuring device;provided that the same shall not apply after the container under the preceding paragraph is broken or the package cover or sealing paper attached thereto is destroyed.

(Mention of Name, Etc.) Article 77. In the indication of the net content under the provision of Article 75 paragraph 1 or the quality under the provision of paragraph 1 of the preceding Article, an additional mention shall be made of the name or title and the place of business of the person who makes the indication. 2 In the case under the preceding paragraph, when the person who makes the additional mention of the net content or quality has got the designation under the provision of Article 173, the name of the certified measurer provided for in Article 177 item (1) may be mentioned in place of the name or title of the person.

(Restriction on Precision) Article 78. In case a transaction is made by mass measured by statutory measuring unit and one transaction is 10 kilograms or under, a measuring device which has a graduation smaller than one-tenth of the transacted weight shall be used except in the case of using a balance.

(Maximum Indicated Capacity) Article 79. When a scale or balance is used for the measure in transaction or certification, one shall not measure, at one time, over and in excess of the graduated maximum scale capacity.

(Level Equipment) Article 80. The measuring device equipped with a level to see whether or not the measuring device is placed horizontally shall not be used for the measurement in transaction or certification unless it is previously set in level.

(Adjustment of Zero Point) Article 81. The scale or balance which is equipped with an adjustment device of zero point or the denier balance shall not be used for the measurement in transaction or certification unless it is previously set in level;provided that the same shall not apply to a balance.

(Restriction on Use of Measures) Article 82. With respect to wooden measures, no cereal measure other than the one prescribed by Cabinet Order under Article 89 paragraph 1 item (1) shall be used for measuring careals (rice, barley or wheat and other miscellaneous grains prescribed by Ministry of International Trade and Industry Ordinance, hereinafter the same) for the measurement in transaction or certification, and no liquid measure other than the one prescribed by Cabinet Order under the same item shall be used for measuring liquids for the same purpose.

Article 83. In measuring more than 20 cubic decimeters of cereal in transaction or certification, one shall not use any measure of which the total volume is less than 20 cubic decimeters in case any part of the volume is measured by the multiple of 20 cubic decimeters. 2 In measuring the quantity of cereals in transaction or certification, one shall use the cylindrical flushing bar.

(Calorimeter of Gas) Article 84. When a person who is engaged in a gas enterprise measures the heat quantity of gas in transaction or certification, he shall use the junker calorimeter.

(Indicating the Mass of Receptacle) Article 85. When a receptacle is regularly used for measuring any mass in transaction or certification, the mass of the receptacle shall be indicated thereon.

CHAPTER IV Verification, Calibration, Model Measuring Device Inspection and Capacity Inspection

Section 1 Verification

(Subject of Verification) Article 86. The verification shall be performed by the Minister of International Trade and Industry or governor of To, Do, Fu or prefecture, according to the classification of measuring devices as determined by Cabinet Order.

Article 87. The governor of To, Do, Fu or prefecture under the preceding Article shall be the governor of To, Do, Fu or prefecture who exercises jurisdiction over the place of manufacture, repair or import in case the person who has manufactured, repaired, or imported measuring devices in accordance with the provision of Article 63 receives the verification therefor, and in other cases the governor of To, Do, Fu or prefecture who exercises jurisdiction over the place where the measuring devices are located;provided that in the following cases the verification shall be performed as provided for in each item: (1) In the case of the measuring device which is to be used by attaching to a land, building or other structure and which is prescribed by Ministry of International Trade and industry Ordinance, the verification shall be performed by the governor of To, Do, Fu or prefecture who exercises jurisdiction over the place where the land, building or other structure is located; (2) In case the party to whom the measuring device is to be transferred, loaned, or delivered is determined, the verification shall be performed by the governor of To, Do, Fu or prefecture who exercises jurisdiction over the place where the said party uses or sells the measuring device, only when the permission of the governor of To, Do, Fu or prefecture who exercises jurisdiction over the place of its manufacture, repair, or import has been obtained. 2 The person who intends to receive the verification of measuring devices provided for in item (1) of the proviso to the preceding paragraph shall report his place of manufacture, repair, or import to the governor of To, Do, Fu or prefecture who exercises jurisdiction over such place.

(Place of Verification) Article 88. The place of verification shall be the Ministry of International Trade and Industry or the verification office to be established in To, Do, Fu or prefecture, provided that in the following cases the verification shall be performed as provided for in each item: (1) When the verification cannot be performed at the verification office owing to a disaster, the same shall be performed at the place where the measuring device is located; (2) In the case of the measuring device which is used by attaching to a land, building or other structure and which is prescribed by the Ministry of International Trade and Industry Ordinance under item (1) of the proviso to paragraph 1 of the preceding Article, the same shall be performed at the place where the land, building or other structure is located; (3) When the transport of the measuring device is extremely difficult or when, owing to specia reasons, a permission of the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture has been obtained according to the classification of the measuring devices prescribed by Cabinet Order undr Article 86, the same shall be performed at the place where the measuring device is located.

(Conditions for Qualifying in Verification) Article 89. When a measuring device, which has been verified, conforms to each one of the following items, it shall be regarded as qualified: (1) That the measuring device is of a kind of the measuring devices prescribed by Cabinet Order; (2) That the measuring device is of the construction (including the quality of material;hereinafter the same) prescribed by Ministry of International Trade and Industry Ordinance; (3) That the instrumental error does not exceed the verification tolerance prescribed by Cabinet Order. 2 Whether or not a measuring device conforms to items (2) and (3) of the preceding paragraph shall be determined by the method prescribed by the Ministry of International Trade and Industry Ordinance and by using the model measuring device which has passed the model measuring device verification.

(inspection of Parts) Article 90. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture shall not, when the parts of the measuring devices mentioned in the following items are those passed in the inspection of parts performed by the Minister of International Trade and Industry, verify with respect to the said parts in case the verification is to be performed on the measuring device to which the said parts belong: (1) Glass tube of mercury thermometer; (2) Temperature control device of the graduated spring balance; (3) Diamond cone of the hardness tester. 2 In the inspection of parts under the preceding paragraph, when to parts are of the structure under paragraph 1 item (2) of the preceding Article and furthermore when it is deemed that they are of the structure stipulated in the specification of parts thereof, it shall be regarded as passed. 3 Other than those prescribed in the preceding paragraph, the method of performance of the inspection of parts shall be prescribed by Ministry of International Trade and Industry Ordinance.

(Inspection of Original) Article 91. The measuring device which is duplicated from the original qualified in the inspection of the original of measuring device performed by the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture in accordance with the classification of measuring devices prescribed by Cabinet Order under Article 86 and which is determined by Cabinet Order shall be regarded, in the inspection of the same, as conforming to the provision of Article 89 paragraph 1 item (3). 2 In the case of the inspection of original under the preceding paragraph, it shall be regarded as passed when the original is recognized as conforming to the provision of Article 89 paragraph 1 item (3). 3 other than that prescribed in the preceding paragraph, the method of performance of the inspection of the original shall be prescribed by Ministry of International Trade and Industry Ordinance.

(Term of Validity of Verification) Article 92. The terms of validity of the taximeter, gas-meter, water-meter, and gasoline measure shall be one year for taximeter, seven years for gas-meter, and eight years for watermeter and gasoline measure counting from the first day of the month following one in which the verification stamp has been affixed.

(Verification Stamp and Others) Article 93. The verification stamp shall be affixed to the measuring devices which have passed the verification;provided, however, that the same shall not apply to those on which it is difficult, owing to their construction, to affix the said stamp and which are prescribed by Ministry of International Trade and Industry Ordinance. 2 On the verification stamp to be affixed in accordance with the provision of the preceding paragraph, to the measuring device provided for in the preceding Article, the expiration date of the term of validity of the preceding Article shall be indicated. 3 On the measuring device prescribed by Ministry of International Trade and Industry Ordinance, the figure showing the year in which the verification has been performed shall be indicated together with the verification stamp.

(Time Limitation on Verification) Article 94. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture shall, when he has received an application, for verification, perform the verification on the measuring device applied for and decide on its qualification or disqualification within twenty days (or the period stipulated if the same is provided for by Cabinet Order) since the day of the receipt of the application.

(Notice of Reasons for Disqualification) Article 95. When the Ministry of International Trade and Industry of governor of To, Do, Fu or prefecture has taken an action of disqualification on the verification of measuring device, he shall notify the reason for the disqualification to the person who has applies for verification.

(Deletion of Verification Stamp, Etc.) Article 96. In case a measuring device which has failed in the verification bears a verification or calibration stamp, the said verification stamp or calibration stamp shall be either deleted or be cancelled with a stamp. 2 In case the person who applied for the verification has been delivered a calibration record belonging to the disqualified measuring device, the said calibration record shall be cancelled with a stamp.

Section 2 Calibration

(Subject of Calibration) Article 97. The calibration shall be performed by the Ministry of International Trade and Industry.

(Place of Calibration) Article 98. The place of calibration shall be this verification office to be established in the Ministry of International Trade and Industry;provided, however, that in the following instances the same shall be performed at the place provided for in each item: (1) In case it is impossible, owing to a disaster, to perform the calibration at the verification office, the calibration shall be performed at the place where the measuring devices are located; (2) As to the measuring device which is used by attaching to a land, building or other structure and which is prescribed by Ministry of International Trade and Industry Ordinance under item (1) of the proviso to Article 87 paragraph 1, the calibration of the same shall be performed at the place where the land, building or the structure is located; (3) When the transport of a measuring device is extremely difficult, or when, owing to special reasons, a permission of the Minister of International Trade and Industry has been obtained, the calibration of the same shall be performed at the place where the measuring device is located.

(Conditions for Qualifying in Calibration) Article 99. When a calibrated measuring device conforms to each one of the following items, it shall be regarded as qualified: (1) That the measuring device is of a kind of the measuring devices prescribed by Cabinet Order under Article 89 paragraph 1 item (1); (2) That the measuring device is of the construction prescribed by Ministry of International Trade and Industry Ordinance; (3) That the instrumental error does not exceed the calibration tolerance prescribed by Cabinet Order. 2 Whether or not the measuring device conforms to item (2) of the preceding paragraph shall be determined by the method prescribed by Ministry of International Trade and Industry Ordinance. 3 Whether or not the said measuring device conforms to paragraph 1 item (3) shall be determined by measuring the difference between the measure of the state of thing of object indicated by the said measuring device and that indicated by the original or primary standard according to the method prescribed by Ministry of International Trade and Industry Ordinance.

(Term of Validity of Calibration) Article 100. The term of validity of calibration shall be five years;provided that the measuring devices prescribed by Cabinet Order shall follow the stipulation thereof.

(Calibration Stamp) Article 101. The measuring device which has passed the calibration shall be affixed with a calibration stamp;provided, however, that the same shall not apply to a measuring device to which it is difficult, owing to the construction, to affix the calibration stamp and which is prescribed by Ministry of International Trade and Industry Ordinance.

(Calibration Record) Article 102. When a measuring device has passed the calibration, a calibration record, on which its instrumental error is recorded, shall be delivered to the person who applied for the calibration. 2 The term of validity provided for in Article 100 shall be written on the calibration record provided for in the preceding paragraph.

(Relation with Verification) Article 103. In case the measuring device which has been disqualified in calibration is in conformity whih every item of Article 89 paragraph 1, it shall be regarded as qualified for verification, and, upon request of the person who applied for the calibration, the verification stamp shall be affixed.

(Deletion of Calibration Stamp, Etc.) Article 104. In case a measuring device which has failed in the calibration bears a calibration or verification stamp, the said calibration stamp shall either be deleted or be cancelled with a stamp;provided, however, that the same shall not apply to the verification stamp if the said measuring device is in conformity with every item of Article 89 paragraph 1. 2 In case the person who applied for the calibration has been delivered a calibration record belonging to the disqualified measuring device, the said calibration record shall be cancelled with a stamp.

(Provisions for Application Mutatis Mutandis) Article 105. The provisions of Article 94 and Article 95 shall apply mutatis mutandis to calibration.

Section 3 Model Measuring Device Inspection

(Subject of Model Measuring Device Inspection) Article 106. The inspection of the model measuring device shall be performed by the Minister of International Trade and Industry.

(Conditions for Qualification of Model Measuring Device Inspection) Article 107. When a model measuring device which has received the model measuring device inspection is in conformity with each one of the following items, it shall be regarded as passed: (1) That the model measuring device is of a kind of the measuring device prescribed by Cabinet Order; (2) That the model measuring device is of the construction prescribed by Ministry of International Trade and Industry Ordinance; (3) That the instrumental error does not exceed the model measuring device tolerance prescribed by Cabinet Order. 2 Whether or not a model measuring device is in conformity with item (2) of the preceding paragraph shall be determined by the method prescribed by Ministry of International Trade and Industry Ordinance. 3 Whether or not the said measuring device conforms to paragraph 1 item (3) shall be determined by measuring the difference between the measure of the state of thing of object indicated by the said measuring device and that indicated by the original or primary standard, according to the method prescribed by Ministry of International Trade and Industry Ordinance. 4 In case any model measuring device prescribed by Cabinet Order is recognized, even if it is not in conformity with paragraph 1 item (3), as having no hindrance in measurement, the same shall be regarded as qualified, notwithstanding the provision of the said item of the same paragraph.

(Term of Validity of Model Measuring Device) Article 108. The term of validity of the model measuring device inspection shall be three years;provided that the model measuring device prescribed by Cabinet Order shall follow the stipulation thereof.

(Model Measuring Device Inspection Stamp) Article 109. A model measuring device which has passed the model measuring device inspection shall be affixed with a model measuring device inspection stamp;provided, however, that the same shall not apply to the one on which it is difficult, owing to its construction, to affix the said stamp and which is prescribed by Ministry of International Trade and Industry Ordinance.

Model Measuring Device Inspection Record) Article 110. When a model measuring device is qualified in the inspection thereof, a model measuring device inspection record, on which its instrumental error is recorded, shall be delivered to the applicant. 2 On the model measuring device record of the preceding paragraph, there shall be written the method of correction as its instrumental error and the term of validity under Article 108.

Article 111. The qualified model measuring device shall not be transferred or loaned unless it is effected with the accompaniment of the model measuring device inspection record. 2 The qualified model measuring device shall be used after its instrumental error has been corrected in accordance with the method stated on the model measuring device inspection record.

Article 112. On the model measuring device prescribed by Cabinet Order, there shall be stated, on its model measuring device inspection record, the use or the method of use of the same. 2 The model measuring device of which the use or the method of use is stated in accordance with the provision of the preceding paragraph, on its model measuring device inspection record, shall not be used for the purpose other than the stated purpose or used by a method other than that stated.

(Deletion of Model Measuring Device Inspection Stamp, Etc.) Article 113. In case a model measuring device which has failed in the model measuring device inspection bears a model measuring device inspection stamp, the said model measuring device inspection stamp shall either be deleted or be cancelled with a stamp. 2 In case a person who applied for model measuring device inspection and has been delivered a model measuring device inspection record belonging to the disqualified model measuring device, the said record shall be cancelled with a stamp.

(Provisions for Application Mutatis Mutandis) Article 114. The provisions of Article 94, Article 95 and Article 98 shall apply mutatis mutandis to the model measuring device inspection.

Section 4 Capacity Inspection

(Subject of Capacity Inspection) Article 115. The capacity inspection shall be performed by the governor of To, Do, Fu or prefecture.

(Objects of Capacity Inspection) Article 116. The capacity inspection shall be performed only for containers used, in transaction, to measure volumes by using the statutory measuring units and which are prescribed by Cabinet Order.

(Place of Capacity Inspection) Article 117. The place of capacity inspection shall be the verification office to be established in To, Do, Fu or prefecture;provided, however, that in the following instances the same shall be performed at the place where the measuring devices are located: (1) When it is impossible, owing to a disaster, to perform the capacity inspection at the verification office; (2) When the transport of a container is extremely difficult, or when, owing to special reasons, a permission of the governor of To, Do, Fu or prefecture has been obtained.

(Labeling of Capacity) Article 118. The person who intends to get the capacity inspection shall indicate on the container the capacity to be used and the graduation of the capacity.

(Conditions for Qualifying in Capacity Inspection) Article 119. When an inspected container is in conformity with each one of the following items, it shall be regarded as qualified: (1) That the container is of a kind of the containers prescribed by Cabinet Order; (2) That the container is of the construction prescribed by Ministry of International Trade and Industry Ordinance; (3) That the instrumental error does not exceed the capacity to lerance prescribed by Cabinet Order. 2 Whether or not a container conforms to items (2) and (3) of the preceding paragraph shall be determined by the method prescribed by Ministry of International Trade and Industry Ordinance and by using a model measuring device which passed the model measuring device inspection.

(Capacity Inspection Stamp) Article 120. The container which has passed the capacity inspection shall be affixed with a capacity inspection stamp.

(Deletion of Capacity Inspection Stamp, etc.) Article 121. In case a container which has failed in the capacity inspection bears a capacity inspection stamp, the said capacity inspection stamp shall either be deleted or be cancelled with a stamp.

(Provisions for Application Mutatis Mutandis) Article 122. The provisions of Article 94 and Article 95 shall apply mutatis mutandis to the capacity inspection.

CHAPTER V Measurement Certification Business

(Registration of Facilities of Measurement Certification Business) Article 123. Any person who intends to engage in the business of certifying any measurement of goods at the time of loading, unloading, or warehousing with the object of forwarding, depositing or selling by using statutory measuring units (hereinafter referred to as "measurement certification" ), shall have the measuring devices to be used for the measurement certification registered by the governor of To, Do, Fu or prefecture exercising jurisdiction over the place of the said business.

(Application for Registration) Article 124. Any person who intends to get registration under the preceding Article shall submit an application, on which the following matters are stated and, in the case of a juridical person, by attaching the articles of association or the acts of donation, to the governor of To, Do, Fu or prefecture exercising jurisdiction over the place of business: (1) Name or title and address and, in the case of a juridical person, the name and address of the representative; (2) Location of business place; (3) Kind and number of measuring devices to be used for measurement certification.

(Registration) Article 125. The governor of To, Do, Fu or prefecture shall, when he has received an application for registration, register the same without delay.

(Registration Book) Article 126. The governor of To, Do, Fu or prefecture shall keep a registration book and record the following matters: (1) Date and number of registration; (2) Name or title and address and, in the case of a juridical person, the name and address of the representative; (3) Location of business place; (4) Kind and number of measuring devices to be used for measurement certification.

(Delivery of Registration Card) Article 127. The governor of To, Do, Fu or prefecture shall, when he has effected the registration under Article 123, deliver a registration card to the applicant. 2 The following matters shall be mentioned on the registration card: (1) Date and number of registration; (2) Name of title and address; (3) Location of business place; (4) Kind and number of measuring devices to be used for measurement certification.

(Correction of Registration Card) Article 128. The person who has got registration under Article 123 shall, when there has been any change in matters mentioned in paragraph 2 items (2), (3) and (4) of the preceding Article, present his registration card to the governor of To, Do, Fu or prefecture and have the same corrected.

(Invalidation of Registration) Article 129. When the person who has got registration under Article 123 has discontinued his business of measurement certification or moved to a place outside the jurisdiction of the governor of To, Do, Fu or prefecture by whom the same registration was effected the said registration shall lose its validity.

(Deletion of Registration) Article 130. The governor of To, Do, Fu or prefecture shall, when the registration under Article 123 has lost its validity, delete the registration under the provision of Article 126.

(Provisions for Application Mutatis Mutandis) Article 131. The provisions of Article 29, Article 30 and Article 33 shall apply mutatis mutandis to the registration card under Article 123. In this case, "Minister of International Trade and Industry" as used in those Articles shall read "governor of To, Do, Fu or prefecture" .

(Duty to Receive Inspection) Article 132. When the person who is engaged in the business of measurement certification has got registration under Article 123, he shall receive, within one month's period, an inspection on his registered measuring device. The same shall apply after the lapse of six months from the day of the said inspection.

(Subject of Inspection) Article 133. The inspection under the preceding Article shall be performed by the governor of To, Do, Fu or prefecture who has effected the ragistration under Article 123.

(Place of Inspection) Article 134. The place of inspection under Article 132 shall be the place where the measuring devices are located;provided, however, that when the person who is engaged in the business of measurement certification has applied for the inspection, the same shall be performed at the inspection office established in To, Do, Fu or prefecture.

(Conditions for Qualifying in inspection) Article 135. When the measuring device inspected in accordance with Article 132 is in conformity with every one of the following items, it shall be regarded as qualified: (1) That the verification stamp or the calibration stamp is affixed (excluding the cases where the measuring device is one of those prescribed by Ministry of International Trade and Industry Ordinance under the proviso to Article 93 paragraph 1 or proviso to Article 101); (2) That the measuring device is of the construction prescribed by Ministry of International Trade and Industry Ordinance; (3) That the instrumental error of the measuring device does not exceed the allowable tolerance prescribed by Cabinet Order; (4) That the measuring device is one of those provided for in Article 92 and, in case it has been qualified in verification, that the term of validity of the verification has not expired; (5) In the case of a measuring device which has been qualified in calibration, that the term of validity of calibration has not expired. 2 Whether the measuring device is in conformity with item (2) and item (3) of the preceding paragraph shall be determined by the method prescribed by Ministry of International Trade and Industry Ordinance and by using the model measuring device which has passed the model measuring device inspection. 3 In case the measuring device is the one which has passed the calibration under paragraph 1, it shall not be regarded as qualified unless the person who has received the inspection under Article 132 has the calibration record belonging to the said measuring device.

(Inspection Stamp) Article 136. The measuring device which has been qualified in inspection under Article 132 shall be affixed with an inspection stamp and the figure showing the year in which the inspection under the same Article, took place.

(Deletion of Inspection Stamp, Etc.) Article 137. In case the measuring device which has failed in the inspection under Article 132 bears a verification or calibration stamp, the said verification stamp or the calibration stamp shall either be deleted or be concelled with a stamp. 2 In case the person who got the inspection under Article 132 is in receipt of a calibration record belonging to the disqualified measuring device which has failed in the inspection, the said calibration record shall be cancelled with a stamp.

(Provision for Application Mutatis Mutandis) Article 138. The provision of Article 95 shall apply mutatis mutandis to the inspection under Article 132.

CHAPTER VI Supervision

(Periodical Inspection) Article 139. The person who uses, in transaction or certification any measuring device for the purpose of measuring by statutory measuring units shall receive the periodical inspection, on the said measuring device, conducted by the governor of To, Do, Fu or prefecture or the head of city, town or village provided for by Cabinet Order (hereinafter referred to as "specified city, town or village" ) who exercises jurisdiction over the seat of his business place (or place of his abode, in case he has no business place);provided that the same shall not apply to the following measuring devices: (1) Measuring device for which the permission under Article 64 paragraph 1 item (1) has been obtained and to which the labelling under paragraph 3 of the same Article has been made (limited to only those to be used for the purpose prescribed by Ministry of International Trade and Industry Ordinance under paragraph 2 of the same Article); (2) Measuring device provided for in Article 64 paragraph 1 item (6); (3) Measuring device provided for in Article 92; (4) Measuring device prescribed by Ministry of International Trade and Industry Ordinance under the proviso to paragraph 1 of Article 93 or the proviso to Article 101; (5) Measuring device for which the registration under Article 123 has been effected; (6) Measuring device on which the inspection stamp under Article 136 or Article 151 or the periodical inspection stamp under Article 146 has been affixed and the figure for the year in the said stamp coincides with that of the year in which the periodical inspection is about to take place; (7) Measuring device which is used at the designated place by a person who has obtained the designation under Article 173; (8) Measuring device which has been qualified in calibration; (9) Other measuring devices which are prescribed by Cabinet Order. 2 The person who has got designation under Article 173 shall cause the certified measurer provided for in Article 177 item (1) to inspect, once a year, whether the measuring device provided for in item (7) of the proviso to the preceding paragraph comes under every item of Article 145 paragraph 1.

(Subject of Periodical Inspection) Article 140. The periodical inspection shall be performed by the governor of To, Do, Fu or prefecture in the area outside the specified city, town and village districts, and by the head of the specified city, town or village, in the area of the specified city, town and village.

(Time of Periodical Inspection) Article 141. The periodical inspection shall be performed once a year in city district and once in three years in other districts, and the date shall be designated by the governor of To, Do, Fu or prefecture or the head of specified city, town or village.

(Place of Periodic Inspection) Article 142. The place of the periodical inspection shall be designated by the governor of To, Do, Fu or prefecture or the head of the specified city, town or village;provided, however, that in the following instances the said inspection shall be performed at the place provided for in each item: (1) As to the measuring devices which are used by attaching to a land, building, or other structure and which are prescribed by Ministry of International Trade and Industry Ordinance under the proviso to item (1) of Article 87 paragraph 1, the periodical inspection of the same shall be performed at the place where the land, building, or other structure is located; (2) When the transport of a measuring device is extremely difficult, or when, owing to special reasons, a permission of the governor of To, Do, Fu or prefecture or the head of the specified city, town or village has been obtained, the periodic inspection of the same shall be performed at the place where the measuring device is located.

(Public Notice for Execution of Periodical Inspection) Article 143. The governor of To, Do, Fu or perfecture or the head of the specified city, town or village shall, in each district where the periodical inspection is to take place, make public, not later than two months prior to the fixed date, the date and place of the same. 2 The governor of To, Do, Fu or prefecture or the head of the specified city, town or village shall, when he has made the public notice under the provision of in the preceding paragraph, report the date and place of the periodical inspection to the Minister of International Trade and Industry.

(Before-the-fact Survey) Article 144. When a public notice under the provision of paragraph 1 of the preceding Article in regard to the periodical inspection to be performed by the governor of To, Do, Fu or prefecture has been made, the head of the city, town or village in which the periodical inspection is to take place shall survey the kind and number of the measuring devices which are to be inspected and report, not later than three days prior to the fixed date of the inspection, the same to the governor of To, Do, Fu or prefecture.

(Qualification for Periodical Inspection) Article 145. When the measuring device which has received the periodical inspection is in conformity with each one of the following items, the same shall be regarded as qualified: (1) That there is verification stamp affixed; (2) That a measuring device is of the construction prescribed by Ministry of International Trade and Industry Ordinance under Article 135 paragraph 1 item (2); (3) That the instrumental error does nut exceed the allowable tolerance prescribed by Cabinet Order under Article 135 paragraph 1 item (3). 2 Whether a measuring device conforms to items (2) and (3) of the preceding paragraph shall be determined by the method prescribed by Ministry of International Trade and Industry Ordinance under Article 135 paragraph 2 and by using a model measuring device which has passed the model measuring device inspection.

(Periodical Inspection Stamp) Article 146. The measuring device which has passed the periodical inspection shall be affixed with a periodical inspection stamp together with the figure showing the year in which the periodical inspection has been made.

(Deletion of Verification Stamp, Etc.) Article 147. In case a measuring device which has failed in the periodical inspection bears a verification stamp, the said verification stamp shall either be deleted or be cancelled with a stamp.

(Provision for Application Mutatis Mutandis) Article 148. The provision of Article 95 shall apply mutatis mutandis to the periodical inspection.

(Inspection Performed in Place of Periodical Inspection) Article 149. When a person who can not, owing to his illness, travel or other unavoidable reason, get the periodical inspection for his measuring devices on the date designated by the governor of To, Do, Fu or prefecture or the head of the specified city, town or village, under the provision of Article 141 but has already received an inspection on the said measuring devices from the governor of To, Do, Fu or prefecture or the head of the specified city, town or village, he shall not be required, notwithstanding the provisions of Article 139, to receive the said periodical inspection on the said measuring devices.

(Place of Inspection Performed in Place of periodical Inspection) Article 150. The place of the inspection under the preceding paragraph shall be the verification office established in To, Do, Fu or prefecture or the inspection office established in the specified city, town or village. 2 The provision of the proviso to Article 142 shall apply mutatis mutandis to the place of the inspection under the preceding Article.

(Inspection Stamp) Article 151. The measuring device which has passed the inspection under Article 149 shall be affixed with an inspection stamp and with the figure showing the year in which the inspection has been performed.

(Provisions for Application Mutatis Mutandis) Article 152. The provisions of Article 95, Article 140, Article 145, and Article 147 shall apply mutatis mutandis to the inspection under Article 149.

(Report) Article 153. The Minister of International Trade and Industry, the governor of To, Do, Fu or prefecture, or the head of the specified city, town or village may, within limit necessary for the enforcement of this Law and according to the provisions of Cabinet Order, require reports from the manufacturer, mender, seller or from the person who transact or certify by measuring units.

(On-the-spot Inspection, Questioning, and Taking Away) Article 154. The governor of To, Do, Fu or prefecture or the head of specified city, town or village may within limit necessary for the enforcement of this Law, cause his officials to enter the factory, shop, business place, office or warehouse of the manufacturer, mender, seller or the person who transact or certify by measuring units, to examine the equipment for the manufacture or repair of measuring devices, net content indicated commodities, qualify indicated commodities, books, documents, or the method of measurement in transaction or certification, to question the persons concerned, or to take away, within the minimum necessary quantity for purposes of inspection of quality, the commodities transacted by the statutory measuring unit of density concentration or viscosity. 2 When an official enters the premises in accordance with the provision of the preceding paragraph, he shall carry with him his identification card and show it to the persons concerned. 3 The authority of on-the-spot inspection, questioning and taking away provided for in paragraph 1 shall not be construed as being authorized for original investigation.

(Presentation of Measuring Devices, Etc.) Article 155. When the governor of To, Do, Fu or prefecture or the head of the specified city, town or village has caused, in accordance with the provision of paragraph 1 of the preceding Article, his officials to conduct the inspection and when there have been measuring devices, net content indicated commodities or quality indicated commodities which are recognized as extremely difficult to inspect at the places where of the located, he may, by fixing the length of the period, order the owner or the possessor to present the same. 2 To, Do, Fu or prefecture or the specified city, town, or village shall compensate the owner or possessor for the losses arising from the order under the provision of the preceding paragraph. 3 The loss to be compensated in accordance with the provision of the preceding paragraph shall be the loss to be originarily arisen from the order under paragraph 1.

(Removal of Inspection Stamp, Etc.) Article 156. The governor of To, Do, Fu or prefecture or the head of the specified city, town or village may, when he has caused, in accordance with the provision of Article 154 paragraph 1, his officials to inspect any measuring device which is used in transaction or certification for a measurement by statutory measuring unit (excluding those mentioned in each item of Article 70), remove or affix a cancellation stamp on the verification stamp or calibration stamp of the said measuring device in case it comes under any one of the following items: (1) That the measuring device is not of the construction prescribed by Ministry of International Trade and Industry Ordinance under Article 135 paragraph 1 item (2); (2) That the instrumental error exceeds the allowable tolerance prescribed by Cabinet Order under Article 135 paragraph 1 item (3); (3) In case the measuring device falls under Article 92 and it has been qualified in verification, that the term of validity of verification has expired; (4) In the case of the measuring device which has been qualified in calibration, that the term of validity of calibration has expired. 2 Whether or not the mensuring device comes under item (1) or (2) of the preceding paragraph shall be determined by the method prescribed by Ministry of International Trade and Industry Ordinance under Article 135 paragraph 2 and by using the model measuring device which has passed the model measuring device inspection. 3 The governor of To, Do, Fu or prefecture or the head of the specified city, town, or village shall, when he takes the action under the provision of paragraph 1, notify the owner or possessor of the measuring device of the reasons for the said action.

(Deletion of Indication of Net Content or Quality) Article 157. The governor of To, Do, Fu or prefecture or the head of the specified city, town, or village may, when he has caused his officials to inspect in accordance with the provision of Article 154 paragraph 1 the net content indicated commodities or quality indicated commodities and has found that the error of the net content or the quality is exceeding the error prescribed by Cabinet Order under Article 75 paragraph 2 or Article 76 paragraph 1, delete the said indications. 2 The governor of To, Do, Fu or prefecture or the head of the specified city, town or village shall, when he has taken the action under the provision of the preceding paragraph, notify the owner or the possessor of the said commodity of the reasons of the said action.

(Delegation of Authority of Governor of To, Do, Fu or Prefecture) Article 158. The governor of To, Do, Fu or prefecture may, when he deems it necessary to assure the execution of the provisions of Article 72 to Article 77 inclusive, delegate the authority under the provision of Article 154 (limited only to the portion related to the net content indicated commodity, quality indicated commodity and method of measurement in connection with transaction or certification) or of the preceding Article to the head of city, town or village other than the specified city, town and village.

CHAPTER VII Certified Measurer

(Certified Measurer) Article 159. The certified measurer shall make it his duty to take necessary measures to secure the enforcement of proper measurement, better equipment of measuring devices, maintenance of accurate measurement, improvement of the method of measurement, and others (hereinafter referred to as "measurement control" ) at factories, workshops, shops, and other places (hereinafter referred to as "measuring device business place" ) where measuring devices are being used.

(Registration) Article 160. Any person who intends to become a certified measurer shall get registered by the Minister of International Trade and Industry.

(Reasons for Disqualification) Article 161. The person who falls under any one of the following items shall not be registered as a certified measurer: (1) Any person for whom one (1) year has not elaped from the day when he, having violated the provisions of this Law or orders issued thereunder, was sentenced to a fine or heavier penalty, and has completed the execution of the penalty or been remitted thereof; (2) Any person for whom one (1) year has not elapsed from the day when his permission for the enterprise of manufacture or repair or registration for the enterprise of sale, etc. was revoked in accordance with the provisions of this Law; (3) Any person for whom two (2) years have not elapsed from the day when his registration as certified measurer was revoked in accordance with the provisions of this Law.

(Conditions for Registration) Article 162. Any person who intends to get registered as a certified measurer shall be the one who falls under any one of the following items: (1) Person who passed the national examination for certified measurer and also has engaged, not less than one year, in the actual service related to measurement; (2) Person who completed the course of the measurement training institute and has engaged, not less than seven years, in the actual service of measurement and who has also been recognized by the Measurement Administration Council as a man having equal or higher level of learning and experience compared with the person mentioned in the preceding item.

(Registration Book) Article 163. The Ministry of International Trade and Industry shall keep a certified measurer registration book and record the following matters: (1) Date and number of registration; (2) Name and address; (3) Date of birth; (4) Classification according to the items of the preceding Article.

(Registration Card) Article 164. The Minister of International Trade and Industry shall, when he has registered a certified measurer, deliver a registration card to the applicant. 2 The following matters shall be mentioned on the registration card: (1) Date and number of registration; (2) Name and address; (3) Date of birth.

(Correction of Registration Card) Article 165. The certified measurer shall, in case there has been any change in matter provided for in paragraph 2 item (2) of the preceding Article, present his registration card to the Minister of International Trade and Industry and have the same corrected.

(Revocation and Suspension) Article 166. The Minister of International Trade and Industry may, in case a certified measurer falls under any one of the following items, revoke his registration or suspend, by fixing the length of the period within the limit of two years, to use the title of certified measurer: (1) When one has violated the provisions of this Law or orders based on this Law; (2) When one has come to fall under any item of Article 161; (3) When one has registered through unfair means.

(Deletion of Registration) Article 167. The Minister of International Trade and Industry shall, when any registeration for the certified measurer has lost its validity, delete the registration under Article 163.

(Title) Article 168. Any person who is not a certified measurer shall not use the title of certified measurer.

(National Examination for Certified Measurer) Article 169. The national examination for the certified measurer shall be given for the purpose of testing the knowledge and ability necessary for the certified measurer to carry out his duty.

Article 170. The national examination for certified measurer shall be performed at least once a year by the Minister of International Trade and Industry.

Article 171. In case there has been any dishonesty in connection with the national examination of certified measurer, the Minister of International Trade and Industry may bar the person connected with the dishonesty from taking the examination or nullify the result of the same. In this case, the said person may still, be barred from taking the examination for a stipulated length of period.

(Delegation of Authority to Ministerial Ordinance) Article 172. The matters other than those provided for in Article 159 to the preceding Article inclusive pertaining to the application for registration, reissuance and return of the registration card, procedure for registration of the certified measurer, and the subject, procedure, and other details in carrying out the national examination for certified measurer shall be prescribed by Ministry of International Trade and Industry Ordinance.

CHAPTER VIII Designation of Business Places

(Designation of Business Places) Article 173. Any person who uses measuring devices may, with respect to the factory, workshop, shop and other business place in which measurement devices are used, receive a designation, from the Minister of International Trade and Industry.

(Application for Designation) Article 174. Any person who intends to obtain the designation under the preceding Article shall submit an application, in which the following matters are stated, to the Minister of International Trade and Industry through the governor of To, Do, Fu or prefecture (or the head of the specified city, town, or village in case the business place is located in the specified city, twon or village;the same in the following Article) who exercises jurisdiction over the place of the said business: (1) Name or title and address and, in the case of a juridical person, the name of the representative; (2) Title and address of the business place where measuring devices are being used; (3) Kind and number of measuring devices to be used; (4) Kind and number of the model measuring device to be used; (5) Name and registration number of certified measurer whose duty is to supervise measurement at business places using measuring devices.

(Forwarding of Application) Article 175. The governor of To, Do, Fu or prefecture shall, when he has received the application under the preceding Article, investigate the matters stated in the application and forward, within one month's period, the same to the Minister of International Trade and Industry.

(Reasons for Disqualification of Designation) Article 176. The person whose designation has been revoked, in accordance with the provision of Article 181, and for whom one year has not passed since the day of the revocation may not receive the designation under Article 173.

(Standards for Designation) Article 177. The Minister of International Trade and Industry shall, when he recognizes that the application for designation under Article 173 comes under each one of the following items, make the designation: (1) That the business place using measuring devices has a certified measurer whose duty is to supervise measurement; (2) That the business place is equipped with the model measuring device prescribed by the Ministry of International Trade and Industry Ordinance and which is qualified in the model measuring device inspection; (3) That the business place is equipped with equipment, other than those mentioned in the preceding item, which is used for testing the measuring devices in use and which is prescribed by Ministry of International Trade and Industry Ordinance.

(Public Notice for Designation) Article 178. The Minister of International Trade and Industry shall, when he has made the designation under Article 173, make public the name or title and address of the applicant and the name and location of the measuring device business place. The same shall apply in case there has been any change in the aforementioned matters.

(Measurement Management) Article 179. The person who has got designation under Article 173 (hereinafter referred to as "designated person" ) shall draw up a measurement management regulation in regard to the management of measurement in the business place which has received the designation and report the same to the Minister of International Trade and Industry. This shall also apply in case the same has been changed. 2 The designated person shall, when there has arisen a vacancy in the certified measurer whose duty is to supervise measurement in the measuring device business place, fill the same within one month.

(Duty of Report) Article 180. The designated person shall, in case there has been any change in matters prescribed in each item of Article 174, report, without delay, to that effect to the Minister of International Trade and Industry.

(Revocation of Designation) Article 181. The Minister of International Trade and Industry may, when he deems that the designated person is not carrying out the measurement management regulation reported in accordance with the provision of Article 179 paragraph 1 or has failed to fill the vacancy of the certified measurer under the provision of Article 179 paragraph 2, revoke the designation under Article 173.

CHAPTER IX Re-inspection and Plea of Protest

Section 1 Re-inspection

(Re-inspection) Article 182. Any person who is dissatisfied with the disposition of disqualification in the verification, calibration, model measuring device inspection, capacity inspection, inspection under Article 132, periodical inspection or the inspection under Article 149 (hereinafter collectively referred to as "verification, etc." ) or who is dissatisfied with the disposition under Article 156 paragraph 1 may apply for the re-inspection of the Minister of International Trade and Industry. 2 In case a person to whom the measuring device, model measuring device, or container (hereinafter referred to as "measuring device, etc." ) is to be transferred, loaned, or delivered is specifically determined, the said person may, when he is dissatisfied with the disposition of qualifying in the verification, etc. of the measuring device, etc., apply for the re-inspection of the Minister of International Trade and Industry.

(Sealing of Measuring Device and Others) Article 183. A person who intends to apply for are-inspection under the provision of the preceding Article shall, promptly after the disposition of disqualification or qualification in verification, etc. or the disposition under the provision of Article 156 paragraph 1 (hereinafter referred to as "primary disposition" ), seal, in the presence of the official of the administrative agency which has caused the disposition, the measuring devices in question and present the same to the administrative agency. 2 With respect to the measuring device, etc. which has, in accordance with the provision of the proviso to Article 88, proviso to Article 98 (including the case where this applies mutatis mutandis in Article 114), proviso to Article 117 or proviso to Article 142 (including the case applies mutatis mutandis in Article 150 paragraph 2), received the verification, etc., at a place where the same is located or at a place where the land, building or other structure, to which the same is attached, is located the owner shall, notwithstanding the provision of the preceding paragraph, have the measuring device sealed by the administrative organ which has taken the primary disposition and shall keep the same in the original condition until the time of the re-inspection. The same shall apply in case where the inspection under Article 132 or the disposition under Article 156 paragraph 1 has been made, in case the measuring device is used by attaching to a land, building or other structure or in case the permission of the administrative agency, which has caused the disposition, has been obtained owing to the difficulty of transportation or other special reason. 3 The provisions of the preceding two paragraphs shall not apply to a measuring device for which there is no fear, because of the construction or the nature of the same, of changing the original condition as of the time when the disposition was made. 4 A person provided for in paragraph 2 of the preceding Article shall, in order to effect the sealing under paragraph 1 or to get the sealing under paragraph 2, obtain in advance the consent of the person who received the verification, etc.

(Application of Re-inspection) Article 184. A person who intends to apply for a re-inspection in accordance with the provision of Article 182 shall, within ten days after the time when the primary disposition was made (or one month in the case of measuring device, etc. provided for in paragraph 3 of the preceding Article), submit an application with stated reasons to the administrative agency which has caused the primary disposition.

(Forwarding of Application) Article 185. The administrative agency which caused the primary disposition shall, when it has received the application under the preceding Article, forward, within ten days, the same with an attached opinion to the Minister of International Trade and Industry.

(Presentation of Measuring Device, Etc.) Article 186. A person who applies for a re-inspection of measuring device, etc. provided for in Article 183 paragraph 3 shall, simultaneously with the application and in the presence of the official of the administrative agency which has caused the primary disposition, seal the measuring device, etc. in question and present the same to the said administrative agency. 2 The provision of Article 183 paragraph 2 shall apply mutatis mutandis to the case of the preceding paragraph.

(Custody of Measuring Device, Etc.) Article 187. The administrative agency which has received the measuring device, etc. in accordance with the provision of Article 183 paragraph 1 or paragraph 1 of the preceding Article shall keep at original state the same until the time of reinspection.

(Report of Administrative Agency) Article 188. The administrative agency which caused the primary disposition shall, when there has been no presentation of the measuring device, etc. under the provision of Article 183 paragraph 1 or Article 186 paragraph 1 report to that effect without delay to the Minister of International Trade and Industry.

(Rejection of Application) Article 189. The Minister of International Trade and Industry shall, when he deems that the application for re-inspection is improper, forthwith reject the same. 2 The decision for rejection under the provision of the preceding paragraph shall be made in writing and also the reason shall be attached to the same. 3 The Minister of International Trade and Industry shall deliver the original copy of the decision to the applicant for the re-inspection.

(Date of Re-inspection) Article 190. The Minister of International Trade and Industry shall, when he has received an application for re-inspection, perform, excepting the case of rejection under the provision of the preceding Article, the re-inspection within one month from the day when he received the application.

(Notice of Date and Place of Re-inspection) Article 191. The Minister of International Trade and Industry shall decide the date and place of the re-inspection and notify the same to the applicant for re-inspection and the administrative agency which caused the primary disposition.

(Witnessing) Article 192. The applicant for the re-inspection and the person who been designated, from among the the officials of the administrative agency which caused the primary disposition, by the head o the said agency shall be present to witness the re-inspection.

(Standards for Re-inspection) Article 193. In the re-inspection, it shall be determined whether the action of primary disposition has been taken in accordance with the provisions of Article 89, Article 99, Article 107, Article 119, Article 135, Article 145 (including the cases where this provision applies mutatis mutandis in Article 152), or Article 156 paragraph 1 and paragraph 2.

(Decision) Article 194. The Minister of International Trade and Industry shall make a decision, within three months since the day when he received the application for re-inspection, according to the result of the re-inspection and the opinion under Article 185. 2 The decision under the preceding paragraph shall be made in writing and also the reasons shall be attached to the same. 3 The Minister of International Trade and Industry shall send the original copies of the decision paper to the applicant for re-inspection and the administrative agency which caused the primary disposition.

Article 195. The Minister of International Trade and Industry shall take necessary measures according to the decision under paragraph 1 of the preceding Article.

(Procedure) Article 196. The procedures for the re-inspection, other than those provided for in this Section, shall be prescribed by Ministry of International Trade and Industry Ordinance.

Section 2 Plea of Protest

Article 197. Any person who is dissatisfied with the disposition of the Minister of International Trade and Industry, the governor of To, Do, Fu or prefecture, or the head of the specified city, town or village under the provisions of this Law or orders issued thereunder may submit a plea of protest to the Minister of International Trade and Industry;provided that the same shall not apply to matters for which application for re-inspection can be made in accordance with the provisions of Article 182. 2 The plea of protest shall be made within one month from the day of the receipt of the notice for those who are to receive the notice of the decision and from the day that the aggrieved has been informed of the fact of the disposition for the others, and the said plea shall be made by submitting a pleading with stated reasons to the administrative agency which has caused the disposition;provided that the aggrieved may not make the plea of protest after the lapse of three months from the day of the disposition. 3 In case a person has proved his inability, owing to due reasons, to have made the plea within the stipulated period under the preceding paragraph, he may make the plea of protest even after the lapse of the period provided for in the same paragraph.

(Forwarding of Pleading) Article 198. The administrative agency which caused the disposition shall, when it has received the pleading under paragraph 2 of the preceding Article, forward, within ten days, the said pleading accompanied with its written explanation to the Minister of International Trade and Industry.

(Rejection of Plea) Article 199. The Minister of International Trade and Industry shall, when he deems that the plea of protest is improper, forthwith reject the same. 2 The decision for the rejection under the provision of the preceding paragraph shall be made in writing and also the reason shall be attached to the same. 3 The Minister of International Trade and Industry shall send the original copy of the decision paper to the pleader.

(Plea of Protest and Execution of Disposition) Article 200. The Execution of the disposition shall not be suspended by the plea of protest;provided, however, the administrative agency that caused the disposition may, either by the pleading or its own authority, suspend the execution of the disposition.

(Hearing) Article 201. The Minister of International Trade and Industry shall, when he has received a plea of protest excepting the case of rejection under Article 99 paragraph 1, hold a hearing within one month from the day of the receipt of the plea.

(Notice and Public Notice of Hearing) Article 202. The Minister of International Trade and Industry shall, by fixing the date and place, notify the same to the pleader and the administrative agency that caused the disposition. 2 The Minister of International Trade and Industry shall, when he has made the notice under the provision of the preceding paragraph, make public the gist of the subject matter, date and place of the hearing.

(Participation) Article 203. Any person other than the pleader, who intends to take part in the hearing and state opinions shall make a requested stating to the effect that he will participate in the hearing as a person concerned and with a stated reason of the interests and the gist of his assertion, to the Minister of International Trade and Industry and shall obtain a permission thereof.

(Presentation of Evidence, Etc.) Article 204. In the hearing an opportunity shall be given to the pleader and the participant under the provision of the preceding Article to present proofs and evidences in regard to the matter in question and to state their opinions.

(Decision) Article 205. The Minister of International Trade and Industry shall, according to the result of the hearing and the written explanation under Article 198, make within two months from the day of the receipt of the plea, a decision on the case. 2 The decision under the preceding paragraph shall be made in writing and also the reason shall be attached to the same. 3 The Minister of International Trade and Industry shall send the original copies of the decision to the pleader, the participant under Article 203, and the administrative agency that caused the disposition, and at the same time make public the gist of the decision.

Article 206. The Minister of International Trade and Industry shall, according to the decision under the preceding paragraph, take a necessary measure.

(Procedures) Article 207. The procedures, other than those provided for in this Section, relating to the plea of protest shall be prescribed by Ministry of International Trade and Industry Ordinance.

CHAPTER X Measurement Administration Council

(Establishment) Article 208. The Measurement Administration Council shall be established in the Ministry of International Trade and Industry.

(Functions) Article 209. The Measurement Administration Council shall respond to inquiries made by the Minister of International Trade and Industry on important matters related to measurement or make recommendations of the Minister of International Trade and Industry.

(Organization) Article 210. The Measurement Administration Council shall consist of one chairman and members of not exceeding thirty in number. 2 The chairman and the members shall be appointed by the Minister of International Trade and Industry from among the personnel of the administrative organs concerned and the persons of learning and experience.

(Term of Office) Article 211. The term of office of the chairman and the members shall be one year.

(Expert Members) Article 212. The Measurement Administration Council may have expert members in order to have them make studies and surveys on technical matters. 2 The expert members committee shall be appointed by the Minister of International Trade and Industry from among the personnel of the administrative organs concerned and the persons of learning and experience.

(Service) Article 213. The chairman, members and expert members shall serve part-time.

(Chairman) Article 214. The chairman shall preside over the affairs of the Measurement Administration Council.

(Procedure of Meeting, Etc.) Article 215. The procedures of the meeting and necessary matters for the operation of the Measurement Administration Council, other than those provided for in this Chapter, shall be prescribed by Ministry of International Trade and Industry Ordinance.

CHAPTER XI Miscellaneous Provisions

(Public Hearing) Article 216. In case the Minister of International Trade and Industry intends to establish or draft any Cabinet Order or any revision thereof under Article 7, Article 72, Article 75 paragraph 2, Article 76 paragraph 1, Article 89 paragraph 1 items (1) and (3), Article 99 paragraph 1 item (3), Article 107 paragraph 1 items (1) and (3), Article 119 paragraph 1 items (1) and (3) and Article 135 paragraph 1 item (3), or to establish any Ministry of International Trade and Industry Ordinance or revision thereof under Article 9, Article 19 paragraph 1, Article 38 paragraph 1, Article 89 paragraph 1 item (2) and paragraph 2, Article 99 paragraph 1 item (2) and paragraphs 2 and 3, Article 107 paragraph 1 item (2) and paragraphs 2 and 3, Article 119 paragraph 1 item (2) and paragraph 2, Article 135 paragraph 1 item (2) and paragraph 2 and Article 177 items (2) and (3), he shall hear the opinions of general public by holding a public hearing.

(Hearing) Article 217. The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture shall, when he intends to take an action in the following cases, hold a hearing open to the public by requesting in advance the presence of the parties concerned. (1) Revocation of permission for the enterprise of manufacture of measuring devices or suspension of the business, under the provisions of Article 32; (2) Revocation of permission for the enterprise of repair of measuring devices or suspension of the business, under the provision of Article 44; (3) Revocation of registration for the enterprise of sale, etc. of measuring devices or suspension of the business under the provision of Article 59; (4) Revocation of registration of the certified measurer or suspension of the use of the title of the same under the provision of Article 166; (5) Revocation of the designation under Article 173, under the provision of Article 181. 2 The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture shall, when he intends to hold the hearing under the preceding paragraph, notify, not later than one week prior to the fixed date, to the parties concerned the gist of the subject matter and the date and place of hearing, and also shall make public the date and place of the hearing. 3 At the hearing, the parties concerned and the interested persons shall be given an opportunity to state opinions in regard to matters in question by presenting evidences.

(Delegation of Authority) Article 218. The authorities to the Minister of International Trade and Industry under the provisions of Article 13, Article 16, Article 18, Article 19, Article 21, Article 26, rticle 28 to Article 30 inclusive, Article 32 to Article 34 inclusive, Article 173, Article 174 or Article 177 to Article 181 inclusive and prescribed by Cabinet Order shall be exercised by the governor of To, Do, Fu or prefecture.

(Verification Office, Etc.) Article 219. The governor of To, Do, Fu or prefecture or the head of specified city, town or village shall, when he has established, abolished or moved the verification office or the inspection office, report to that effect to the Minister of International Trade and Industry.

Article 220. The verification office to be established in the Minister of International Trade and Industry or in To, Do, Fu or prefecture or the inspection office to be established in the specified city, town or village shall have the verification chamber or the inspection chamber equipped with the structure and facilities prescribed by Ministry of International Trade and Industry Ordinance.

(Lending of Model Measuring Device) Article 221. The Minister of International Trade and Industry shall lend, without compensation or charge the model measuring device and the accessories thereof (excluding those which come under the application of the National Property Law (Law No.73 of 1948)) under Article 89 paragraph 2, Article 119 paragraph 2, Article 135 paragraph 2 and Article 145 paragraph 2 (including the cases where this applies mutatis mutandis in Article 152) to the governor of To, Do, Fu or prefecture or the head of the specified city, town or village.

(Fees) Article 222. The persons who are listed on the left column of the Annexed Table shall pay the fees on right column, which are to be determined by Cabinet Order within the amounts of the same.

(Measurement Investigating Officer) Article 223. The Ministry of International Trade and Industry shall have measurement investigating officers. 2 The measurement investigating officer shall be engaged in the business concerning the re-inspection and the plea of protest.

(Measurement Training Institute) Article 224. The Ministry of International Trade and Industry shall have a Measurement Training Institute in the main office. 2 The Measurement Training Institute shall be the institution which gives necessary education in technique and practical business to the personnel of the Ministry of International Trade and Industry, To, Do, Fu and prefecture, and city, town and village who take charge of the business of measurement and to those who are intending to become the certified measurer. 3 The Measurement Training Institute shall be established in Tokyo-To.

Article 225. The personnel engaging in the business of verification, etc. and who are prescribed by Cabinet Order and the personnel under Article 154 paragraph 1 shall be the persons who have completed the course of the Measurement Training Institute.

Article 226. The training period of the Measurement Training Institute shall be six months.

Article 227. No tuition shall be charged for the training at the Measurement Training Institute;provided that the same shall not apply to those who intend to become the certified measurer. 2 The amount of the tuition to be paid by the person who intends to become the certified measurer shall be determined by Ministry of International Trade and Industry Ordinance within the amount not exceeding 500 yen monthly.

Article 228. Persons entitled to receive training at the Measurement Training Institute are those who graduated or finished the course of the high school under the School Education Law (Law No.26 of 1947), the middle shool under the old Middle School Ordinance (Imperial Ordinance No.36 of 1943), the lower division of the Higher School under the old Higher School Ordinance (Imperial Ordinance No.389 of 1918) or any person whom the Minister of Education has recognized as having the same or higher achievement than the aforementioned persons.

Article 229. The matters concerning the organization, subjects of training, class hours and other matters other than those provided for in the preceding five Articles, shall be prescribed by Ministry of International Trade and Industry Ordinance.

(Application to the State) Article 230. The provisions of this Law shall, excepting the provisions of the following Chapter, apply to the State. In this case, the word "permission" shall read "approval" .

CHAPTER XII Penal Provisions

(Penal Provisions) Article 231. Any person who has violated the provisions of Article 13 paragraph 1, Article 35 paragraph 1, Article 63, Article 66 paragraph 1 or Article 68 shall be punished with penal servitude not exceeding three years or a fine not exceeding 200,000 yen or both.

Article 232. Any person who has used any measuring device wrongfully in transaction or certification with a purposeful intent to deceive measurement shall be punished with penal servitude not exceeding three years or a fine not exceeding 200,000 yen or both; provided that, in case there is a proper Article in the Criminal Law (Law No.45 of 1907), the Criminal Law shall apply thereto.

Article 233. Any person who has violated the provisions of Article 47 paragraph 1 shall be punished with penal servitude not exceeding one year or a fine not exceeding 100,000 yen or both.

Article 234. Any person who has violated the provisions of Article 25 (including the case where the said provisions apply mutatis mutandis in Article 46), Article 64 paragraph 3, 4 or 6, Article 66 paragraph 2, Article 69 paragraph 2 or 3, Article 74, Article 123, Article 132 or Article 139 paragraph 1 shall be punished with penal servitude not exceeding six months or a fine not exceeding 50,000 yen or both.

Article 235. Any person who has violated the provision of Article 10 paragraph 1 or paragraph 2 Article 13 paragraph 2, Article 22 paragraph 2, Article 26 paragraph 1, Article 35 paragraph 2, Article 42 paragraph 1, Article 47 paragraph 2, Article 72, Article 73 paragraph 2, Article 75 paragraph 2, Article 76 paragraph 1, Article 77 paragraph 1, Article 78 to Article 84 inclusive, Article 139 paragraph 2 or Article 168 shall be punished with a fine not exceeding 50,000 yen.

Article 236. Any person who falls under any of the following items shall be punished with a fine not exceeding 30,000 yen: (1) One who has violated the provision of Article 24 paragraph 3 (including the case where the said provision applies mutatis mutandis in Article 41 paragraph 2) or Article 155 paragraph 1; (2) One who has violated the provision of Article 28 paragraph 1 (including the case where the said provision applies mutatis mutandis in Article 46), Article 56, Article 57 paragraph 1, Article 65, Article 85, Article 87 paragraph 2, Article 128, Article 165, Article 179 paragraph 1 or Article 180; (3) One who, in violation of the provisions of Cabinet Order based on the provisions of Article 153, has failed to report or has made a false report; (4) One who has refused, obstructed or evaded the inspection under Article 154 paragraph 1 or has made false answer to a question; (5) One who has refused, obstructed or evaded the disposition under Aticle 156 paragraph 1 or Article 157 paragraph 1.

Article 237. Any person who has violated the provisions of Article 29 paragraph 1 (including the case when the said provision applies mutatis mutandis in Article 46, Article 62 or Article 131) or Article 33 (including the case where the said provision applies mutatis mutandis in Article 46, Article 62 or Article 131) shall be punished with a fine not exceeding 10,000 yen.

Article 238. In the case of a violation of the provision of Article 29 paragraph 2 (including the case where the said provision applies mutatis mutandis in Article 46, Article 62 or Article 131) the representative of a juridical person, an agent or an employee who has committed the act shall be punished with a fine not exceeding 10,000 yen.

(Dual Punishment Provision) Article 239. In case a representative of a juridical person, a juridical person, or an agent or employee of an individual has committed any violation under Article 231 to the preceding Article inclusive in connection with the business of the said juridical person or individual, the said juridical person or individual shall be, besides the punishment of the offender, punished with the monetary penalty of the corresponding Article;provided, however, that, in case where it has been proved that due care and supervision were exercised to prevent the said violative action of the agent or employee of the juridical person or individual in the said business, the same shall not apply to the said juridical person or individual.