The Measurement Law Enforcement Law
法令番号: 法律第208号
公布年月日: 昭和26年6月7日
法令の形式: 法律
I hereby promulgate the Measurement Law Enforcement Law.
Signed:HIROHITO, Seal of the Emperor
This seventh day of the sixth month of the twenty-sixth year of Showa (June 7, 1951)
Prime Minister YOSHIDA Shigeru
Law No.208
The Measurement Law Enforcement Law
Contents
Chapter I General Provisions(Articles 1-13)
Chapter II Enterprises pertaining to Measuring Devices(Articles 14-50)
Chapter III Securing of Safety in Measurement(Articles 51-60)
Chapter IV Verification, Calibration and Model Measuring Device Inspection(Articles 61-63)
Chapter V Control(Articles 64-66)
Chapter VI Miscellaneous Provisions(Articles 67-71)
Chapter VII Amendments to Other Laws(Articles 72-74)
Supplementary Provision
CHAPTER I General Provisions
(Date of Enforcement of the Measurement Law)
Article 1. The Measurement Law (Law No.207 of 1951;hereinafter referred to as the "new Law" ) shall come into force as from March 1, 1952;provided, however, that the provision of Article 216 shall come into force as from the day of its promulgation, and the provisions of Article 19 paragraph 1 item (1), Article 32 item (4)(limited to the part pertaining to the model measuring devices), Article 38 paragraph 1 item (1), Article 44 item (4)(limited to the part pertaining to the model measuring devices), Article 64 paragraph 4, Article 69 paragraphs 2 and 3, Article 73, Article 74, Articles 115 to 122 inclusive and Article 177 item (2) and the provisions of Article 154, Article 158, Article 182, Article 221, Article 222, Article 225, Article 234, Article 235 and Article 239 connected with the provisions mentioned above shall come into force as from March 1, 1953.
(Abolition of the Weights and Measures Law)
Article 2. The Weights and Measures Law (Law No.4 of 1909;hereinafter referred to as the "old Law" ) shall be abolished.
(Measuring Units under Shaku-Kan System)
Article 3. The measuring units (meaning the measuring units as prescribed in Article 2 of the new Law hereinafter the same) and their auxiliary measuring units under shaku-kan system as provided for in the next Article and Article 5 shall be deemed to be statutory measuring units under the new Law until December 31, 1958 (with respect to land or buildings, until the date to be fixed by Cabinet Order after December 31, 1958).
Article 4. The Measuring units under shaku-kan system shall be as follows:
(1) The measuring units of length shall be the shaku and the kujira-jaku shaku:
A shaku shall mean the length of 10/33 of a meter;
A kujira-jaku shaku shall mean the length of 25/66 of a meter.
(2) The measuring unit of mass shall be the kan:
A kan shall mean the weight of 3.75 kilograms.
(3) The measuring units of area shall be the square shaku, bu and tsubo:
A square shaku shall mean the area of a square whose sides are 10/33 meters in length;
A bu or tsubo shall mean an area of 400/121 of a square meter.
(4) The measuring units of volume shall be cubic shaku and sho:
A cubic shaku shall mean the volume of a cube whose edges are 10/33 meters;
A sho shall mean the volume of 2401/1,331,000 of a cublic meter.
Article 5. The auxiliary measuring units of the measuring units as prescribed in the preceding Article shall be as follows:
(1) The auxiliary measuring units of the shaku as prescribed in the item (1) of the preceding Article shall be the mo, rin, bu, sun, jo, ken, cho and ri:
A mo shall mean 1/10,000 of a shaku;
A rin shall mean 1/1,000 of a shaku;
A bu shall mean 1/100 of a shaku;
A sun shall mean 1/10 of a shaku;
A jo shall mean 10 shaku;
A ken shall mean 6 shaku;
A cho shall mean 360 shaku;
A ri shall mean 12,960 shaku.
(2) The auxiliary measuring units of the kujira-jaku shaku as prescribed in the item (1) of the preceding Article shall be the kujira-jaku bu, kujira-jaku sun and kujira-jaku jo:
A kujira-jaku bu shall mean 1/100 of a kujira-jaku shaku;
A kujira-jaku sun shall mean 1/10 of a kujira-jaku shaku;
A kujira-jaku jo shall mean 10 kujira-jaku shaku.
(3) The auxiliary measuring units of the kan as prescribed in item (2) of the preceding Article shall be the mo, rin, fun, momme, and kin:
A mo shall mean 1/1,000,000 of a kan;
A rin shall mean 1/100,000 of a kan;
A fun shall mean 1/10,000 of a kan;
A momme shall mean 1/1,000 of a kan;
A kin shall mean 0.16 kan.
(4) The auxiliary measuring units of the square shaku as prescribed in item (3) of the preceding Article shall be the square bu and square sun:
A square bu shall mean 1/10,000 of a square shaku;
A square sun shall mean 1/100 of a square shaku.
(5) The auxiliary measuring units of the bu as prescribed in item (3) of the preceding Article shall be the shaku, go, se, tan and cho:
A shaku shall mean 1/100 of a bu;
A go shall mean 1/10 of a bu;
A se shall mean 30 bu;
A tan shall mean 300 bu;
A cho shall mean 3,000 bu.
(6) The auxiliary measuring units of the tsubo as prescribed in item (3) of the preceding Article shall be the shaku and go:
A shaku shall mean 1/100 of a tsubo:
A go shall mean 1/10 of a tsubo.
(7) The auxiliary measuring units of the cubic shaku as prescribed in item (4) of the preceding Article shall be the cubic bu, cubic sun and tatetsubo:
A cubic bu shall mean 1/1,000,000 of a cubic shaku;
A cubic sun shall mean 1/1,000 of a cubic shaku;
A tatetsubo shall mean 216 cubic shaku.
(8) The auxiliary measuring units of the sho as prescribed it item (4) of the preceding Article shall be the shaku, go, to and koku:
A shaku shall mean 1/100 of a sho;
A go shall mean 1/10 of a sho;
A to shall mean 10 sho;
A koku shall mean 100 sho.
(Measuring Units under Yard-Pound System)
Article 6. The measuring units and their auxiliary units under yard-pound system as provided for in the next Article and Article 8 shall be deemed to be statutory measuring unit under the new Law until December 31, 1958.
Article 7. The measuring units under yard-pound system shall be as follows:
(1) The measuring unit of length shall be the yard:
A yard shall mean the length of 0.9144 meters.
(2) A measuring unit of mass shall be the pound:
A pound shall mean the weight of 0.45359243 kilograms.
(3) The measuring unit of temperature shall be the degree Fahrenheit:
A degree Fahrenheit shall mean 5/9 of a degree and 32 degrees Fahrenheit shall mean the temperature of the zero degree.
(4) The measuring unit of area shall be the square yard:
A square yard shall mean the area of a square whose sides are 0.9144 meters in length.
(5) The measuring units of the volume shall be the cubic yard and gallon:
A cubic yard shall mean the volume of a cube whose edges are 0.9144 meters in length;
A gallon shall mean the volume of 0.00378543 cubic meters.
(6) The measuring unit of speed shall be the yard per second:
A yard per second shall mean the speed of 0.9144 meters per second.
(7) The measuring unit of the rate of acceleration shall be the yard per second per second:
A yard per second per second shall mean the rate of acceleration of 0.9144 meters per second per second.
(8) The measuring unit of the magnitude of force shall be the pound weight:
A pound weight shall mean the magnitude of force of 0.45359243 kilogram weights.
(9) The measuring unit of pressure shall be the pound weight per square inch, the inch mercury column and the inch water column:
A pound weight per square inch shall mean the pressure of 0.070307 kilogram weights per square centimeter;
An inch mercury column shall mean the pressure of 0.0254 meters mercury column;
An inch water column shall mean the pressure of 0.0254 meters water column.
(10) The measuring unit of work shall be the foot pound:
A foot pound shall mean the work of 0.138255 kilogram meters.
(11) The measuring unit of heat shall be the British thermal unit:
A British thermal unit shall mean the amount of heat of 0.252 kilocalories.
(12) The measuring unit of density shall be the pound per cubic foot:
A pound per cubic foot shall mean the density of 16.0185 kilograms per cubic meter.
Article 8. The auxiliary measuring units of the measuring units as prescribed in the preceding Article shall be as follows:
(1) The auxiliary measuring units of the yard as prescribed in item (1) of the preceding Article shall be the inch, foot, chain and mile:
An inch shall mean 1/36 of a yard;
A foot shall mean 1/3 of a yard;
A chain shall mean 22 yards;
A mile shall mean 1,760 yards.
(2) The auxiliary measuring units of the pound as prescribed in item (2) of the preceding Article shall be grain, ounce, short ton and long ton:
A grain shall mean 1/7,000 of a pound;
A ounce shall mean 1/16 of a pound;
A short ton shall mean 2,000 pounds;
A long ton shall mean 2,240 pounds.
(3) The auxiliary measuring units of the square yard as prescribed in item (4) of the preceding Article shall be the square inch, square foot and square mile:
A square inch shall mean 1/1,296 of a square yard;
A square foot, shall mean 1/9 of a square yard;
A square mile shall mean 3,097,600 square yards.
(4) The measuring units of the cubic yard as prescribed in item (5) of the preceding Article shall be the cubic inch and cubic foot:
A cubic inch shall mean 1/46,656 of a cubic yard;
A cubic foot shall mean 1/27 of a cubic yard.
(5) The auxiliary measuring unit of the inch water column as prescribed in item (9) of the preceding Article shall be the foot water column:
A foot water column shall mean 12 inches water column.
(Horsepower)
Article 9. The English horsepower and French horsepower shall be deemed to be the statutory measuring units under the new Law until December 31, 1958.
2 The English horsepower shall mean the power of 746 watts.
3 The French horsepower shall mean the power of 735.5 watts.
(Candle-power)
Article 10. The candle-power shall be deemed to be the statutory measuring unit under the new Law until the date to be fixed by Cabinet Order before December 31, 1958.
2 One candle-power shall mean 1,0067 candelas.
(Abbreviation)
Article 11. The abbreviations of the measuring units as prescribed in Article 4, Article 7 and the preceding two Articles and of the auxiliary measuring units as prescribed in Article 5 and Article 8 shall be determined by Ministry of International Trade and Industry Ordinance.
(Use for Measuring Units by Organs of the National Government and Others)
Article 12. The organs of the National Government or the local public bodies shall, after the day of the enforcement of the new Law, make efforts to use the measuring units as prescribed in Article 3 and Article 5 of the new Law and the auxiliary measuring units as prescribed in Article 6 and Article 7 of the new Law in taking measurement in transaction or certification with respect to the measurement of objects as provided for in Article 3 and Article 5 of the new Law (including the indication of the measurement of objects as prescribed in Article 2 of the new Law).
(Indication of Measuring Units under Shaku-kan System and Yard-Pound System)
Article 13. In case the indication of the measuring units or auxiliary measuring units as provided for in Article 4, Article 5, Article 7 or in Article 8 to Article 10 inclusive has been entered in documents or affixed on goods and other materials before the term as provided for in Article 3, Article 6, Article 9 or Article 10 lapses, the said indication shall not be precluded, even though it has been made after the lapse of the said term, from being used as the indication of measurement objects in making transaction or certification, regardless of the provision of Article 10 paragraph 1 of the new Law.
CHAPTER II Enterprises pertaining to Measuring Devices
(Licence for Business of Manufacture)
Article 14. A person who has actually obtained licence of manufacture of weight and measures or meters (hereinafter referred to as "weights and measures, etc." ) under the provision of Article 6 of the old Law (including the case where it applies mutatis mutandis in Article 20 of the old Law;hereinafter the same) at the time of the enforcement of the new Law shall be deemed to have obtained the permission as prescribed in Article 13 paragraph 1 of the new Law for each factory, entry of which was made in the written application as prescribed in Article 4 paragraph 1 of the old Detailed Enforcement Regulation for the Weights and Measures Law (Ministry of Agriculture and Commerce Ordinance No.28 of 1909;hereinafter referred to as "old Regulation" ) or each factory for which the authorization as prescribed in Article 10 paragraph 1 of the old Regulation (excluding the one whose business operation was abolished before the enforcement of the new Law) has been given.
Article 15. The classification of the permission under Article 13 paragraph 1 of the new Law, which is deemed to have been given under the provision of the preceding Article, shall be the classification of permission under Article 14 of the new Law to which belong the weights and measures, etc. which are actually being manufactured as business by the person provided for in the preceding Article at the time of the enforcement of the new Law.
Article 16. The term of validity of the permission under Article 13 paragraph 1 of the new Law which is deemed to have been given in accordance with the provision of Article 14 shall be until the day when the term of validity of the existing licence lapses;provided, however, that such term of validity shall not exceed 10 years computing from the day of the enforcement of the new Law.
Article 17. A person who has been deemed to have obtained the permission under Article 13 paragraph 1 of the new Law in accordance with the provision of Article 14 (hereinafter referred to as "old manufacturer" ) shall, within 6 months computing from the day of the enforcement of the new Law, apply for delivery of the permit to the Minister of International Trade and Industry through the governor of To, Do, Fu or prefecture having jurisdiction over the place where the factory as provided for in Article 14 is located.
2 The Minister of International Trade and Industry shall, in case the application under the preceding paragraph has been made, enter in the permit as prescribed in Article 21 paragraph 1 of the new Law the term of validity of the permission under Article 13 paragraph 1 of the new Law which has been deemed to have been given in accordance with the provision of Article 14 and deliver the same to the old manufacturer.
Article 18. In case the old manufacturer who succeeded the business of manufacture due to the inheritance before the enforcement of the new Law and who has failed to make application under Article 11 paragraph 2 of the old Regulation by the day of the enforcement of the new Law makes application under paragraph 1 of the preceding Article, he shall submit a document certifying the fact of the succession.
Article 19. With respect to the old manufacturer, the provision of Article 32 item (4) of the new Law (limited to the provisions pertaining to the facilities as provided for by Ministry of International Trade and Industry Ordinance under Article 19 paragraph 1 item (2) of the new Law) shall not apply for a period of one year computing from the day of the enforcement of the new Law.
Article 20. In case the old manufacturer carries on the business of sale of the measuring devices manufactured or repaired by the said person at the business office, entry of which was made in the written application under Article 4 paragraph 1 of the old Regulation or the business office for which the authorization under Article 10 paragraph 1 of the old Regulation has been given (excluding the one of which the report as provided for in Article 10 paragraph 2 of the old Regulation was made), the provision of Article 22 paragraph 2 of the new Law shall not apply.
2 In case the old manufacturer has actually obtained the permission under the provision of the proviso to Article 19 of the old Regulation at the time of the enforcement of the new Law, it shall be deemed that the report under the provision of Article 22 paragraph 2 of the new Law has been made.
Article 21. In case the old manufacturer has actually obtained the permission under Article 18 paragraph 2 of the old Regulation at the time of the enforcement of the new Law, it shall be deemed that the report under the provision of Article 23 of the new Law has been made.
Article 22. The mark of which the old manufacturer has made a report in accordance with the provision of Article 17 paragraph 1 of the old Regulation (excluding the name of the region additionally mentioned in accordance with the provision of paragraph 3 of the said Article;hereinafter the same) shall be deemed to have been reported in accordance with the provision of Article 24 paragraph 1 of the new Law;provided, however, that in case there are two or more marks of which the old manufacturer has made a report in accordance with the provisions of Article 17 paragraph 1 of the old Regulation, this shall not apply after the lapse of three months computing from the day of the enforcement of the new Law.
Article 23. The provision of Article 25 of the new Law shall apply also to the measuring devices manufactured or repaired by the old manufacturer before the enforcement of the new Law;provided, however, that in cases where the old manufacturer has made an indication of marks under the provision of Article 30 of the old Regulation on the said measuring devices, this shall not apply.
(Enterprise of Manufacture of Additional Measuring Devices)
Article 24. A person who is actually carrying on the enterprise of manufacture of the measuring devices enumerated hereunder (hereinafter referred to as "additional measuring devices" ) at the time of the enforcement of the new Law (hereinafter referred to as "manufacturer of additional measuring devices" ) shall not be precluded, within six months computing from the day of the enforcement of the new Law, from continuing the said enterprise without obtaining the permission under Article 13 paragraph 1 of the new Law in accordance with the old provisions:
(1) Time-meters;
(2) Thermometers other than the thermometers by expansion of objects;
(3) Planimeters;
(4) Flow volumeters (limited to oil meters);
(5) Fixed-volume pouring machines;
(6) Graduated tanks, graduated tankers and graudated tank lorries;
(7) Speedometers;
(8) Dynamometers;
(9) Work-meters;
(10) Power-meters;
(11) Calorimeters;
(12) Angle gauges;
(13) Flow-meters;
(14) Viscometers;
(15) Densimeters other than buoy-type meters;
(16) Concentration-meters other than buoy-type meters and lactobutyro-meters;
(17) Lumino-meters;
(18) Lumino-flux meters;
(19) Illuminometers;
(20) Frequency-meters;
(21) Noise-meters;
(22) Fineness measuring devices other than raw silk fineness measuring devices;
(23) Hardness testers;
(24) Impact testers;
(25) Tension testers;
(26) Compression testers;
(27) Particle size meters;
(28) Refractometers;
(29) Hygrometers other than dry-and-wet bulb hygrometers;
(30) Hydrometers other than buoy-type meters;
(31) Refractoriness-meters.
Article 25. In case the manufacturer of additional measuring devices has made a report, within the period under the preceding paragraph, on the kinds of the measuring devices which is actually being manufactured by him as business and the matters as enumerated in Article 16 items (1), (2), (4) and (5) of the new Law in accordance with the classification of the permission under Article 14 of the new Law to the Minister of International Trade and Industry through the governor of To, Do, Fu or prefecture having jurisdiction over the place where the factory or working place is located, he shall be deemed to have obtained the permission under Article 13 paragraph 1 of the new Law on the day of the enforcement of the new Law for each factory or working place for the classification of the permission under Article 14 of the new Law to which the measuring devices of which the said report has been made are subject.
2 The Minister of International Trade and Industry shall, in case he has received the report under the provision of the preceding paragraph, deliver the permit under Article 21 paragraph 1 of the new Law to the person who has made the said report.
3 The person who is liable to obtain the delivery of the permit under the provision of the preceding paragraph shall pay the fee to be fixed by Cabinet Order within the limit not exceeding 1,000 yen.
Article 26. The provision of Article 19 shall apply mutatis mutandis to a person who has made a report under the provision of paragraph 1 of the preceding Article.
(Manufacture of Measuring Devices to be Supplied only for Own Use)
Article 27. A person who is actually carrying on the business of manufacture of the measuring devices to be supplied only for own use at the time of the enforcement of the new Law, shall make report to that effect to the Minister of International Trade and Industry within 60 days from the day of the enforcement of the new Law.
(Licence for Business of Repair)
Article 28. A person who has actually obtained the licence for repair of weights and measures, etc. in accordance with the provision of Article 6 of the old Law at the time of the enforcement of the new Law shall be deemed to have obtained the permission under Article 35 paragraph 1 of the new Law for each factory, entry of which was made in the written application under Article 4 paragraph 1 of the old Regulation or each factory for which the authorization under Article 10 paragraph 1 of the old Regulation has been given (excluding the one, business operation of which was abolished before the enforcement of the new Law).
Article 29. The classification of permission under Article 35 paragraph 1 of the new Law which is deemed to have been given in accordance with the provision of the preceding Article shall be the classification of permission under Article 36 of the new Law to which are subject the weights and measures, etc. which are actually being repaired as business by the person provided for in the preceding Article at the time of the enforcement of the new Law.
Article 30. The term of validity of the permission under Article 35 paragraph 1 of the new Law which is deemed to have been given in accordance with the provision of Article 28 shall be until the day when the term of validity of the former licence lapses;provided, however, that it shall not exceed 10 years computing from the day of the enforcement of the new Law.
Article 31. The person who has been deemed to have obtained the permission under Article 35 paragraph 1 of the new Law in accordance with the provision of Article 28 (hereinafter referred to as "old repairer" ) shall, within 6 months computing from the day of the enforcement of the new Law, make application for delivery of the permit to the governor of To, Do, Fu or prefecture who gave the license under Article 6 of the old Law.
2 The governor of To, Do, Fu or prefecture shall in case the application under the preceding paragraph has been made, enter in the permit under Article 21 paragraph 1 of the new Law which applies mutatis mutandis in Article 46 of the new Law the term of validity of the permission under Article 35 paragraph 1 of the new Law which has been deemed to have been given in accordance with the provisions of Article 28 and deliver the same to the old repairer.
Article 32. In case a person who succeeded to the business of repair due to the. inheritance before the enforcement of the new Law and who has failed to make application under Article 11 paragraph 2 of the old Regulation by the day of the enforcement of the new Law makes application under paragraph 1 of the preceding Article, he shall submit a document certifying the fact of the said inheritance.
Article 33. With respect to the old repairer, the provision of Article 44 item (4) of the new Law (limited to the part pertaining to the facilities as provided for by Ministry of International Trade and Industry Ordinance under Article 38 paragraph 1 item (2) of the new Law) shall not apply for a period less than one year computing from the day of the enforcement of the new Law.
Article 34. In case the old repairer has actually obtained the permission under Article 18 paragraph 2 of the old Regulation at the time of the enforcement of the new Law, he shall be deemed to have obtained the permission or made a report under the provision of Article 40 of the new Law.
Article 35. The mark of old repairer has made a report in accordance with the provision of Article 17 paragraph 1 of the old Regulation shall be deemed to have been reported in accordance with the provision of Article 41 paragraph 1 of the new Law; provided that, in case there are two or more kinds of marks of which the old repairer has made a report under the provision of Article 17 paragraph 1 of the old Regulation or in case there is a difference between the mark of which the old repairer who was the old manufacturer has made a report under the provision of the said paragraph and the mark which has been deemed in accordance with the provisions of Article 22 to have been reported in accordance with the provisions of Article 24 paragraph 1 of the new Law, this shall not apply after the lapse of three months computing from the day of the new Law.
Article 36. The provision of Article 25 of the new Law which applies mutatis matandis in Article 46 of the new Law shall apply also to the measuring devices repaired by the old repairer before the enforcement of the new Law, provided, however, that in case the old repairer had made an indication under the provision of Article 30 of the old Regulation on the said measuring devices before the enforcement of the new Law, this shall not apply.
(Enterprises of Repair of Additional Measuring Devices)
Article 37. A person who is actually carrying on the enterprise of repair of the additional measuring devices at the time of the enforcement of the new Law (hereinafter referred to as "repairer of additional measuring devices" ) shall not be precluded, within six months computing from the day of the enforcement of the new Law, from continuing the said enterprise without obtaining the permission under Article 35 paragraph 1 of the new Law in accordance with the old provision.
Article 38. In case the repairer of additional measuring devices has made a report, within the period under the preceding Article, of the kinds of the measuring devices which is actually being repaired by him as business in accordance with the classification of the permission under Article 36 of the new Law and of the matters as enumerated in Article 37 items (1), (2), (4) and (5) to the governor of To, Do, Fu or prefecture having jurisdiction of the place where the said factory or working place is located, he shall be deemed to have obtained, on the day of the enforcement of the new Law, the permission under Article 35 paragraph 1 of the new Law for each factory or working place with respect to the classification of the permission under Article 36 of the new Law to which are subject the measuring devices of which the report has been made.
2 The governor of To, Do, Fu or prefecture shall, in case he has received the report under the provision of the preceding paragraph, deliver the permit under Article 21 paragraph 1 of the new Law which applies mutatis mutandis in Article 46 of the new Law to the person who has made the said report.
3 The person who is liable to obtain the delivery of permit under the provision of the preceding paragraph shall pay the fee to be fixed by Cabinet Order within the limit of the sum not exceeding 500 yen.
Article 39. The provision of Article 33 shall apply mutatis mutandis to the person who has made a report under the provision of paragraph 1 of the preceding Article.
(Repair of Measuring Devices to be Supplied for own use only)
Article 40. A person who is actually carrying on the business of repair of measuring devices to be supplied only for own use at the time of the enforcement of the new Law, shall make report to that effect to the governor of To, Do, Fu or prefecture having jurisdiction over the place where the said factory or working place is located, within 60 days computing from the day of the enforcement of the new Law.
(Licence for Business of Sale)
Article 41. A person who has actually obtained the licence for sale of weights and measures, etc. in accordance with the provision of Article 6 of the old Law at the time of the enforcement of the new Law shall be deemed to have got registration under the provisions of Article 47 paragraph 1 of the new Law for each business office, entry of which was made in the written application under Article 4 paragraph 2 of the old Regulation or for each business office for which the authorization prescribed in Article 10 paragraph 1 of the old Regulation was given (excluding the one, business operation of which had been discontinued before the enforcement of the new Law).
2 A person who has actually got registration under the provisions of Article 23-(4) paragraph 1 of the old Regulation at the time of the enforcement of the new Law shall be deemed to have got registration under the provisions of Article 47 paragraph 1 of the new Law for each business office for which the said registration has been got (excluding the one, business operation of which was discontinued before the enforcement of the new Law).
Article 42. The classification of registration under Article 47 paragraph 1 of the new Law which is deemed to have been given in accordance with the provisions of the preceding Article shall be the classification of registration under Article 48 of the new Law to which are subject the weights and measures, etc. which are actually being sold by the person provided for in the preceding Article as business at the time of the enforcement of the new Law.
Article 43. The term of validity of the registration under Article 47 paragraph 1 of the new Law which is deemed to have been got in accordance with the provision of Article 41 paragraph 1 shall be until the day when the term of validity of the existing licence lapses;provided, however, that it shall not exceed 5 years computing from the day of the enforcement of the new Law.
2 The term of validity of the registration under Article 47 paragraph 1 of the new Law which is deemed to have got in accordance with the provision of Article 41 paragraph 2 shall be five years computing from the day of the enforcement of the new Law.
Article 44. A person who has been deemed to have got registration under Article 47 paragraph 1 of the new Law in accordance with the provisions of Article 41 (hereinafter referred to as "old seller" ) shall make application for delivery of the registration card within six months computing from the day of the enforcement of the new Law, to the governor of To, Do, Fu or prefecture who gave the licence under Article 6 of the old Law or effected the registration under Article 23-(4) paragraph 1 of the old Regulation.
2 The governor of To, Do, Fu or prefecture shall, in case the application under the preceding paragraph has been made, enter in the registration card under Article 54 paragraph 1 of the new Law the term of validity of the registration under Article 47 paragraph 1 of the new Law which has been deemed to have been effected in accordance with the provision of Article 41 and deliver the same to the old seller.
Article 45. In case an old seller who succeeded to the business of sale due to the inheritance before the enforcement of the new Law and who has failed to make application under Article 11 paragraph 2 of the old Regulation by the day of the enforcement of the new Law makes application under paragraph 1 of the preceding Article, he shall submit a document certifying the fact of the said inheritance.
Article 46. The old seller who is actually carrying on the business of repair in accordance with the provision of Article 6 paragraph 2 of the old Enforcement Ordinance concerning the Weights and Meausres Law (Imperial Ordinance No.169 of 1909;hereinafter referred to as the "old Ordinance" ) at the time of the enforcement of the new Law shall not be precluded, within five years computing from the day of the enforcement of the new Law, from carrying on the enterprise of repair, without obtaining the permission under Article 35 paragraph 1 of the new Law, in accordance with the old provision.
Article 47. In case the old seller has actually obtained the permission under the proviso to Article 19 of the old Regulation at the time of the enforcement of the new Law, he shall be deemed to have made a report under the provisions of Article 55 of the new Law.
(Enterprise of Sale, Etc. of Additional Measuring Devices)
Article 48. A person who is actually carrying on the enterprise of sale, etc. of the additional measuring devices at the time of the enforcement of the new Law (hereinafter referred to as "seller of additional measuring devices" ) shall not be precluded, within 6 months computing from the day of the enforcement of the new Law, from continuing the said enterprise without obtaining the registration under Article 47 paragraph 1 of the new Law, in accordance with the old provision.
Article 49. In case the seller of additional measuring devices has made a report, within the period under the preceding Article, of the kinds of the measuring devices which is actually being sold by him as business in accordance with the classification of registration under Article 48 of the new Law and of the matters as enumerated in Article 50 items (1) and (2) of the new Law to the governor of To, Do, Fu or prefecture having jurisidiction over the place where the store is located, he shall be deemed to have got the registration under Article 47 paragraph 1 of the new Law for each store with respect to the classification of registration under Article 48 of the new Law to which are subject the measuring devices of which the said report was made on the day of the enforcement of the new Law.
2 The governor of To, Do, Fu or prefecture shall, in case he has received the report under the provision of the preceding paragraph, deliver the registration certificate under Article 54 paragraph 1 of the new Law to the person who has made the said report.
3 A person who intends to get the registration card under the provision of the preceding paragraph shall pay the fee to be fixed by Cabinet Order within the limit not exceeding 250 yen.
(Disposition of Remaining Measuring Devices)
Article 50. The provisions of the proviso to Article 47 paragraph 1 and paragraph 2 of the new Law shall apply mutatis mutandis when, in cases where the licence under Article 6 of the old Law or the registration under Article 23-(4) paragraph 1 of the old Regulation has lost the validity before the enforcement of the new Law, the person to whom the said licence or said registration has been given intends to carry on the enterprise of sale with a view to disposing of the weights and measures, etc. which he has possessed in connection with the business.
2 A person who intends to carry on the enterprise of sale in the case under the preceding paragraph shall be, in case the authorization uner Article 16 or Article 23-(11) of the old Regulation was given before the enforcement of the new Law, deemed to have made a report under the provisions of Article 47 paragraph 2 of the new Law.
CHAPTER III Securing of Safety in Measurement
(Measuring Devices to be Used for Purposes Other than Transaction or Certification, Etc.)
Article 51. The weights and measures, etc. which are to be supplied for purposes other than the transaction or certification as provided for in Article 9 paragraph 1 item (1) of the old Ordinance (including the case where it applies mutatis mutandis in Article 17-(4) of the old Ordinance;hereinafter the same) or the weights and measures, etc. to be supplied for purposes particularly designated by the Minister of International Trade and Industry and for which the permission under the provision of the said item was already given shall be deemed to be the ones for which the permission under Article 64 paragraph 1 item (1) of the new Law has been given.
2 The provision of Article 64 paragraph 3 of the new Law shall not apply to the weights and measures, etc. for which the permission under Article 64 paragraph 1 item (1) of the new Law is deemed to have been given in accordance with the provision of the preceding paragraph.
3 With respect to the application of Article 67 item (1), Article 70 item (1) or proviso to Article 139 paragraph 1 item (1) of the new Law, the weights and measures, etc. as provided for in the preceding paragraph shall be deemed to have been affixed with the indication under Article 64 paragraph 3 of the new Law.
(Measuring Devices to be Exported)
Article 52. A person who has actually obtained the permission for the weights and measures, etc. to be exported in accordance with the provision of Article 9 paragraph 1 item (1) of the old Ordinance at the time of the enforcement of the new Law shall be deemed to have made a report under the provision of Article 64 paragraph 1 item (2) of the new Law.
(Water-Supply Enterpriser)
Article 53. The water-supply enterpriser who have actually obtained the permission under the provision of Article 9 paragraph 1 item (4) of the old Ordinance at the time of the enforcement of the new Law shall be deemed to have obtained the permission under Article 64 paragraph 1 item (5) of the new Law.
(Duty to Undergo Verification, Etc.)
Article 54. With respect to the measuring devices enumerated hereunder, the provisions of Article 63 of the new Law shall not apply for a period of six months computing from the day of the enforcement of the new Law:
(1) The graduated thermometers enumerated hereunder:
a) Thermometers operated by steam tension;
b) Thermometers graduated in 0.05 degrees or less (excluding clinical thermometers).
(2) Self-recording thermometers operated by steam tension;
(3) Planimeters;
(4) Volumeters for chemical use (excluding the volumeters for chemical use which are subject to the classification under Table 1 of the old Ordinance or which come under the kinds listed in the Table of Article 1 of the Ordinance concerning Verification of Weights and Measures under the provisions of Article 10 item (2) of the Enforcement Ordinance for the Weights and Measures Law and concerning Tolerance under Article 8 item (4) of the Weights and Measures Law (Ministry of Agriculture and Commerce Ordinance No.7 of 1917);
(5) Oil meters whose diameter is 30 millimeters or less and which are used for oil whose viscosity is 0.5 poises or less;
(6) Graduated tanks whose maximum capacity is 30 cubic meters or less;
(7) Graduated tankers;
(8) Graduated tank lorries;
(9) Gas burettes;
(10) Spirometers;
(11) Circular balance type graduated pressure gauges;
(12) Circular balance type self-recording pressure gauges;
(13) Weight type standard pressure gauges whose maximum indication of pressure is 2,000 kilogram weights per square centimeter or less;
(14) Sphygmomanometers;
(15) Densimeters (excluding buoy type meters with graduation in 0.001 grams per cubic centimeter of density or more);
(16) Concentration meters (excluding buoy type meters with graduation in 0.001 grams per cubic centimeter of density or more or lactobutyrometers);
(17) Particle size meters;
(18) Hydrometers (excluding buoy type meters with graduation in 0.001 grams per square centimeter of density or more).
2 With respect to the measuring devices enumerated in each item of the preceding paragraph the provision of Article 66 paragraph 1 of the new Law shall not apply for a period of one year computing from the day of the enforcement of the new Law.
3 With respect to the measuring devices enumerated in paragraph 1 items (1) to (16) inclusive, the provisions of Article 68 of the new Law shall not apply for a period of five years computing from the day of the enforcement of the new Law.
Article 55. With respect to the measuring devices enumerated hereunder, the provisions of Article 63 of the new Law shall not apply for a period of one year and six months computing from the day of the enforcement of the new Law:
(1) Base line wire and tape;
(2) Revolving length measures other than the revolving length measures for cloth and taximeters;
(3) Block gauges;
(4) Torsion balances;
(5) Time-meters;
(6) Beckmann thermometer;
(7) Speedometers enumerated hereunder:
a) Mechanical centirifugal revolving speedometers;
b) Eddy-current revolving speedometers;
c) Electrical revolving speedometers.
(8) Dynamometers;
(9) Calorimeters;
(10) Luminometers;
(11) Lumino-flux meters;
(12) Illuminometers;
(13) Tachometers;
(14) Fineness measuring devices other than raw silk fineness measuring devices;
(15) Tension testers whose maximum load is 30 weight tons or less;
(16) Compression testers whose maximum load is 30 weight tons or less.
2 With respect to enterprises pertaining to the measuring devices as enumerated in each item of the preceding paragraph, the provisions of Article 19 paragraph 1 item (1), Article 32 item (4)(limited to the part pertaining to the model measuring devices;hereinafter the same), Article 38 paragraph 1 item (1) and Article 44 item (4)(limited to the part pertaining to the model measuring devices;hereinafter the same) of the new Law shall not apply for a period of one year and nine months computing from the day of the enforcement of the new Law.
3 With respect to the measuring devices enumerated in each item of paragraph 1, the provisions of Article 64 paragraph 4, Article 69 paragraphs 2 and 3 and Article 177 item (2) of the new Law shall not apply for a period of one year and nine months computing from the day of the enforcement of the new Law.
4 With respect to the measuring devices enumerated in each item of paragraph 1, the provision of Article 66 paragraph 1 of the new Law shall not apply for a period of two years computing from the day of the enforcement of the new Law.
5 The measuring devices enumerated in paragraph 1 items (1) to (13) inclusive, the provisions of Article 68 of the new Law shall not apply for a period of six years computing from the day of the enforcement of the new Law.
Article 56. With respect to the measuring devices enumerated hereunder, the provisions of Article 63 of the new Law shall not apply for a period of two years and six months computing from the day of the enforcement of the new Law:
(1) Caliper squares enumerated hereunder:
a) Micrometers;
b) Dial gauges.
(2) Graduated thermometers enumerated hereunder:
a) Resistance thermometers;
b) Radiant heat thermometers;
c) Optical thermometers;
d) Thermostats.
(3) Self-recording thermometers enumerated hereunder:
a) Resistance thermometers;
b) Radiant heat thermometers;
c) Thermostats.
(4) Flow volumeters enumerated hereunder:
a) Rotary and piston type gas-meters;
b) Water-meters whose diameter exceeds 350 millimeters.
(5) Speedometers enumerated hereunder:
a) Visco-rotary-type speedometers;
b) Clock-type revolving speedometers;
c) Propeller-type revolving speedometers.
(6) Pressure gauges whose indication of maximum pressure exceeds 2,000 kilogram weights per square centimeter;
(7) Angle gauges;
(8) Viscometers;
(9) Hardness testers;
(10) Impact testers;
(11) Tension testers whose maximum load exceeds 30 tons weight;
(12) Compression testers whose maximum load exceeds 30 tons weight;
(13) Hygrometers other than dry and wet bulb hygrometers.
2 With respect to the enterprises partaining to the measuring devices enumerated in each item of the preceding paragraph, the provisions of Article 19 paragraph 1 item (1), Article 32 item (4), Article 38 paragraph 1 item (1) and Article 44 item (4) of the new Law shall not apply for a period of two years and nine months computing from the day of the enforcement of the new Law.
3 With respect to the measuring devices enumerated in each of paragraph 1, the provisions of Article 64 paragraph 4, Article 69 paragraphs 2 and 3 and Article 177 item (2) of the new Law shall not apply for a period of two years and nine months computing from the day of the enforcement of the new Law.
4 With respect to the measuring devices enumerated in each item of paragraph 1, the provisions of Article 66 paragraph 1 of the new Law shall not apply for a period of three years computing from the day of the enforcement of the new Law.
5 With respect to the measuring devices enumerated in paragraph 1 items (1) to (13) inclusive, the provisions of Article 68 of the new Law shall not apply for a period of seven years computing from the day of the enforcement of the new Law.
Article 57. With respect to the measuring devices enumerated hereunder, the provision of Article 63 of the new Law shall not apply for a period of three years and six months computing from the day of the enforcement of the new Law:
(1) Flow volumeters (excluding gas-meter, water-meter, gasoline-measures whose diameter is 40 millimeters or less and oil-meters whose diameter is 30 millimeters or less and which are used for oil with viscosity of 0.5 poises or less);
(2) Fixed-volume pouring machines;
(3) Graduated tanks whose maximum capacity exceed 30 cubic meters;
(4) Pitot tube speedometers;
(5) Work-meters;
(6) Power-meters;
(7) Flow-meters;
(8) Frequency-meters other than tachometers;
(9) Noise-meters;
(10) Refractometers;
(11) Refractoriness-meters.
2 With respect to the enterprise pertaining to the measuring devices enumerated in each item of the preceding paragraph, the provisions of Article 19 paragraph 1 item (1), Article 32 item (4), Article 38 paragraph 1 item (1) and Article 44 item (4) of the new Law shall not apply for a period of three years and nine months computing from the day of the enforcement of the new Law.
3 With respect to the measuring devices enumerated in each item of paragraph 1, the provisions of Article 64 paragraph 4, Article 69 paragraphs 2 and 3 and Article 177 item (2) shall not apply for a period of three years and nine months computing from the day of the enforcement of the new Law.
4 With respect to the measuring devices enumerated in each item of paragraph 1, the provision of Article 66 paragraph 1 of the new Law shall not apply for a period of four years computing form the day of the enforcement of the new Law.
5 With respect to the measuring devices enumerated in paragraph 1 items (1) to (9) inclusive, the provision of Article 68 of the new Law shall not apply for a period of eight years computing from the day of the enforcement of the new Law.
(Validity of Indication of Net Content)
Article 58. The indication of the net content (excluding the one whose indicated net content exceeds the actual amount) under Article 8-(3) paragraph 1 of the old Law made before the enforcement of the new Law shall be deemed to have been made in accordance with the provision of Article 75 paragraph 1 of the new Law.
2 The additional entry in the indication of the net content made in accordance with the provision of Article 50-(3) of the old Regulation before the enforcement of the new Law shall be deemed to have been made in accordance with the provision of Article 77 paragraph 1 of the new Law.
(Restriction on Use)
Article 59. The graduation in kujira-jaku carved in length measure with graduation in kujira-jaku shall not be used for measurement in transaction or calibration other than for measurement of length of cloth.
Article 60. In measuring more than one to of cereals in transaction or certification by measuring units under the shaku-kan system, one shall not use any measure of which the total volume is less than one to in case any part of the volume is measured by the multiple of one to.
CHAPTER IV Verification, Calibration and Model Measuring Device Inspection
(Validity of Verification Stamp)
Article 61. The verification stamp affixed in accordance with the provisions of Article 7 paragraph 2 of the old Law (including the case where it applies mutatis mutandis in Article 20 of the old Law) to the weights and measures, etc., shall be deemed to be the verification stamp affixed in accordance with the provisions of Article 93 item (1) of the new Law.
(Calibration)
Article 62. In case an owner or possessor of the weights and measures, etc. which have undergone calibration under the provisions of the Weights and Measures or Meters Calibration Regulation (Ministry of Agriculture and Commerce Ordinance No.7 of 1914;hereinafter referred to as the "old Calibration Regulation" ) received the calibration record under Article 2 paragraph 1 of the said Regulation for the said weights and measures, etc., before the enforcement of the new Law, the said weights and measures, etc. shall be deemed to have passed the calibration under the new Law on the day of the enforcement of the new Law.
2 The weights and measures, etc. which are deemed to have passed the calibration in accordance with the provision of the preceding paragraph shall, with respect to the application of the provisions of Article 66 paragraph 1 item (1), Article 68 item (2) and Article 135 paragraph 1 item (1) of the new Law, be deemed that the calibration stamps under Article 101 of the new Law are affixed.
3 The calibration record delivered in accordance with the provision of Article 2 paragraph 1 of the old Calibration Regulation before the enforcement of the new Law shall be deemed to be the calibration record delivered in accordance with the provision of Article 102 paragraph 1 of the new Law.
(Model Measuring Devices Actually in Use)
Article 63. The model measuring devices which are subject to the kinds to be determined by the Cabinet Order under Article 107 paragraph 1 item (1) of the new Law and which are being used actually by the Minister of International Trade and Industry, the governor of To, Do, Fu or prefecture or the head of city, town or village for the verification under Article 7 paragraph 1 of the old Law (including the case where it applies mutatis mutandis in Article 20 of the old Law;hereinafter the same) or for the control under Article 14 of the old Ordinance (including the case where it applies mutatis mutandis in Article 17-(4) of the old Ordinance;hereinafter the same) at the time of the enforcement of the new Law shall be deemed to have passed the model measuring device inspection under the provisions of the new Law on the day of the enforcement of the new Law.
CHAPTER V Control
(Date of Enforcement of Periodical Inspection, Etc.)
Article 64. With respect to the measuring devices enumerated in each item of Article 54 paragraph 1, the provisions of Article 132, Article 139, paragraph 1, Article 149 and Article 154 paragraph 1 of the new Law not shall not apply for a period of five years computing from the day of the enforcement of the new Law.
2 With respect to the measuring devices enumerated in each item of Article 55 paragraph 1, the provisions of Article 132, Article 139 paragraph 1, Article 149 and Article 154 paragraph 1 of the new Law shall not apply for a period of six years computing from the day of the enforcement of the new Law.
3 With respect to the measuring devices enumerated in each item of Article 56 paragraph 1, the provisions of Article 132, Article 139 paragraph 1, Article 149 and Article 154 paragraph 1 of the new Law shall not apply for a period of seven years computing from the day of the enforcement of the new Law.
4 With respect to the measuring devices enumerated in each item of Article 57 paragraph 1, the provisions of Article 132, Article 139, paragraph 1, Article 149 and Article 154 paragraph 1 of the new Law shall not apply for a period of eight years computing from the day of the enforcement of the new Law.
(Notification of Periodical Inspection)
Article 65. Tne notification made by the governor of To, Do, Fu or prefecture in accordance with the provision of Article 48 paragraph 1 of the old Regulation before the enforcement of the new Law shall be deemed to be the public notice made by the governor of To, Do, Fu or prefecture or by the head of the specified city, town or village in accordance with the provision of Article 143 paragraph 1 of the new Law, even though it was made within two months before the date of the inspection.
(Periodical Inspection Stamp)
Article 66. The inspection stamps affixed to the weights and measures, etc. in accordance with the provision of Article 15 of the old Ordinance (including the case where it applies mutatis mutandis in Article 17-(4) of the old Ordinance) during the period from January 1 to February 29 of 1952 shall be deemed to be the periodical inspection stamps affixed in accordance with the provision of Article 146 of the new Law bearing figures showing the year of 1952.
CHAPTER VI Miscellaneous Provisions
(Certified Measurer)
Article 67. For a period of three years computing from the day of the enforcement of the new Law, any person who has engaged in the actual business pertaining to the measurement for eight years or more and who has been deemed by the Measurement Administration Council to be the person who is equal or superior in learning and experience to the person as mentioned in Article 162 item (1) of the new Law may, notwithstanding the provisions of the same Article, get the registration under Article 160 of the new Law.
(Training Course)
Article 68. A person who was engaged in the business of verification under Article 7 paragraph 1 of the old Law or of control under Article 14 of the old Ordinance for 10 years or more before the enforcement of the new Law and who has been deemed by the Minister of International Trade and Industry to be equal or superior in learning and knowledge to a person who has completed the courses of the Measurement Training Institute under Article 224 of the new Law within six months computing from the day of the enforcement of the new Law or who completed the courses under the Weights and Measures Training Course Regulation (Ministry of Commerce and Industry Notification No.14 of 1927) before the enforcement of the new Law shall be deemed to have completed the courses of the Measurement Training Institute under Article 224 of the new Law.
(Reason for Disqualification)
Article 69. A person whose licence for business was revoked in accordance with the provisions of Article 12 of the old Law (including the case where it applies mutatis mutandis in Article 20 of the old Law) before the enforcement of the new Law shall, with respect to the application of the provision of Article 15 item (2)(including the case where it applies mutatis mutandis in Article 46), Article 49 item (2) or Article 161 item (2) of the new Law, shall be deemed that the permission for the enterprise of manufacture, or repair, or registration for the enterprise of sale and other has been revoked in accordance with the provisions of the new Law.
(Disposition)
Article 70. Such dispositions made, procedures taken, and other acts done in addition to those as provided for in Article 14, Article 20 paragraph 2, Article 21, Article 22, Article 28, Article 34, Article 35, Article 41, Article 47, Article 50 paragraph 2, Article 51 paragraph 1, Article 52, Article 53, Article 58, Article 61, Article 62 paragraph 1 or 3, Article 65, Article 66 or in the preceding Article shall be deemed to have been, made, taken and done in accordance with the provisions of the new Law, in case there are the provisions corresponding to them in the new Law.
(Application of Penal Provisions)
Article 71. With respect of the application of the penal provisions to the acts committed before the enforcement of the new Law, the former provisions shall still prevail regardless of the provision of Article 2.
CHAPTER VII Amendments to Other Laws
(Amendments to the Ministry of International Trade and Industry Establishment Law)
Article 72. The International Trade and Industry Establishment Law (Law No.102 of 1949) shall be partially amended as follows:
In Article 3 item (3) and Article 13 paragraph 1 item (4), "weights and measures and meters" shall be amended as "measurements" .
In Article 4 paragraph 1 item (27), "manufacturing of weights and measures and meters" shall be amended as "enterprise of manufacture of measuring devices" ;and next to the said item shall be added the following one item:
(27)-2. To perform the national examination for certified measurer and to register the certified measurer.
In Article 16, "Chemical Products Inspection House" shall be amended as "Chemical Products Inspection House Measurement Training Institute" .
Next to Article 21 shall be added the following one Article:
(Measurement Training Institute)
Article 21-(2). The Measurement Training Institute shall be in accordance with the provisions of the Measurement Law (Law No.207 of 1951).
In the Table of Article 22 paragraph 1, next to the part concerning the High Pressure Gas Safety Council shall be added as the following:
"Measurement Administration Council
To study and deliberate on important matters concerning measurement"
(Amendments to the Agency of Industrial Science and Technology Establishment Law)
Article 73. The Agency of Industrial Science and Technology Establishment Law (Law No.207 of 1948) shall be partially amended as follows:
Article 3 item 3 shall be amended as follows:
3. Establishment of the standards for measurement;taking custody of Prototype Meter, Prototype Kilogram, Standard Measuring Device for Candela and Standard Measuring Device for Electricity;management of the affairs pertaining to the verification of measuring devices;and performance of the verification, inspection, study, technical research and technical guidance of measuring devices and the affairs incidental thereto;
Article 7 item 3 shall be amended as follows:
3. Matters pertaining to establishment of standards for measurement and co-ordination of verification and inspection.
(Amendments to the Local Autonomy Law)
Article 74. The Local Autonomy Law (Law No.67 of 1947) shall be partially amended as follows:
In Article 158 paragraph 1 No.1 item 4, No.2 item 3 and paragraph 3 No.1 item 2, "weights and measures" shall be amended as "measurement" .
Supplementary Provision:
This Law shall come into force as from March 1, 1952.
Prime Minister YOSHIDA Shigeru
Minister of International Trade and Industry YOKOO Shigemi
Minister of Telecommunications TAMURA Bunkichi