2 In this Law, "Standards" shall mean the grades of agricultural and forest commodities, and the standards therefor (inclusive of the conditions of packing, wrapping, etc. of such commodities), and the "Japanese Agricultural and Forest Standards" shall mean the standards established in accordance with the provisions of Article 8.
第二條第二項の次に次の一項を加える。
Next to the same Article paragraph 2 shall be added the following one paragraph:
３ この法律で「登録格付機関」とは、第十七條第二項の規定により農林大臣の登録を受けた法人をいう。
3 In this Law, the "Registered Grading Organ" shall mean a juridical person which has been registered by the Minister of Agriculture and Forestry in accordance with the provision of Article 17 paragraph 2.
第三條第二項を次のように改める。
Article 3 paragraph 2 shall be amended as follows:
2 The Committee shall make investigation and deliberation on the matters inquired in accordance with the provision of Article 10 paragraph 1 (including the case where this applies mutatis mutandis in Article 11) and make report to the Minister of Agriculture and Forestry on the results.
In Article 4 paragraph 4, "three years" shall be amended as "six months," and in Article 7, "the preceding four Articles" shall be amended as "Article 4" and "the Committee" shall be amended as "the Member of the Committee" and "the Ministerial Ordinance" shall be amended as "Cabint Order."
第八條を次のように改める。
Article 8 shall be amended as follows:
（日本農林規格の制定）
(Establishment of Japanese Agricultural and Forest Standards)
Article 8. The Minister of Agriculture and Forestry shall, if he deems it necessary for achieving the purpose of the provision of Article 1, designate the kinds of agricultural and forest commodities and establish standards thereof.
2 The standards of the preceding paragraph shall be established so as to reflect the opinions of all persons substantially interested, and so as not to be of the nature to discriminate unfairly against any person under similar conditions in its application.
第九條第二項を次のように改める。
Article 9 paragraph 2 shall be amended as follows:
2 In case the Minister of Agriculture and Forestry has received the request under the provision of the preceding paragraph, if he deems it unnecessary to establish Japanese Agricultural and Forest Standards on the kinds of the proposed agricultural and forest commodities, he shall notify the applicant to that effect, together with the reason therefor.
Article 10. The Minister of Agriculture and Forestry may, if he deems it necessary, inquire the Committee about whether or not a Japanese Agricultural and Forest Standard should be established or a draft plan for the Japanese Agricultural and Forest Standards to be established and or, by holding a public hearing, hear the opinions of interested person and persons of learning and experience.
2 In case the committee has been inquired as prescribed in the preceding paragraph 1, it shall deliberate them in accordance with the fair procedures provided for by Ministerial Ordinance, and make a report of the results to the Minister of Agriculture and Forestry.
３ 第一項の公聽会について必要な事項は、省令で定める。
3 Necessary matters concerning the public hearing of paragraph 1 shall be provided for by Ministerial Ordinance.
Article 11 shall be deleted;in Article 12, "the preceding four Articles" shall be amended as "the preceding three Articles" ;the same Article shall be amended as Article 11;Articles 13 and 14 shall be amended as Articles 12 and 13 respectively;next to the revised Article 13 shall be added the following one Article;and Article 15 shall be deleted:
Article 14. In case To, Do, Fu or prefecture, or any Registered Grading Organ makes a grading of agricultural and forest commodities as established in the Japanese Agricultural and Forest Standard, it shall use the Japanese Agricultural and Forest Standards, except the case where it makes a grading by using the grade and specification under the provisions of Article 3 of the Law concerning Control of Export Commodities (Law No.153 of 1948) or the standards or requirement under Article 4 of the same Law.
In Article 16 paragraph 3, "shall cause the Committee to make suitable deliberation on revision of the same" shall be amended as "shall revise the same" and the same Article shall be amended as Article 15;in Article 17 paragraph 1, "any organ of the Ministry of Agriculture and Forestry" shall be amended as "any organ of the Ministry of Agriculture and Forestry or Registered Grading Organ, pursuant to the provisions of Ministerial Ordinance," ;and the same Article shall be amended as Article 16.
第十六條の次に次の三條を加える。
Next to Article 16 shall be added the following three Articles:
Article 17. Any person who intends to undergo the registration of a Registered Grading Organ shall, in accordance with the procedures as provided for by Ministerial Ordinance, pay the fee within the limits of less than 10,000 yen of the amount as determined by Cabinet Order for every kind of agricultural and forest commodity and submit the application therefore to the Minister of Agriculture and Forestry.
2 In case the application of the preceding paragraph has been submitted, the Minister of Agriculture and Forestry shall register in accordance with the provision of the Ministerial Ordinance, when the applicant is a juridical person who does not aim at profit-making and he recognizes the applicant conforms to the following items of the registration standards set down and made public by him:
一 格付のために使用する設備、機械及び器具
(1) Equipment, machinery and tools to be used for the grading:
二 格付に従事する者の資格及び人員
(2) Qualification and number of the persons to engage in the grading;
三 格付を行う区域
(3) Area where grading is conducted.
３ 左の各号の一に該当する法人は、登録格付機関の登録を受けることができない。
3 No juridical person as enumerated in each item below are qualified to undergo the registration of a Registered Grading Organ:
(1) A juridical person who or one of whose officers in charge of its business was punished with a fine or heavier penalty in accordance with the provisions of this Law, and one year has not yet passed since the completion of execution thereby or exemption from the execution thereof;
二 次條第一項の規定により登録を取り消され、その取消の日から一年を経過しない法人
(2) A juridical person whose registration has been cancelled in accordance with the provision of paragraph 1 of the next Article and one year has not yet passed since the day of cancellation;
三 最近一年以内において前号の法人の業務を行う役員であつた者がその業務を行う役員となつている法人
(3) A juridical person, one of whose officers in charge of its business has been an officer in charge of its business of the preceding juridical person within the last one year:
四 事業者団体法（昭和二十三年法律第百九十一号）第四條及び第五條の規定の適用を受ける事業者団体
(4) Trade association who are not exempt from the provisions of Articles 4 and 5 of the Trade Association Law (Law No.191 of 1948);
(5) A juridical person, one of whose officers or managers in charge of its business is an officer or manager in charge of its business of the preceding trade association.
４ 登録は、左に掲げる事項を登録台帳に記帳して行う。
4 Registration shall be made by entering the following items in the registration book:
一 登録番号
(1) Registration number;
二 登録格付機関の名称及び住所
(2) Title and Location of a Registered Grading Organ;
三 登録格付機関が格付を行う農林物資の種類
(3) Kinds of agricultural and forest commodities to be graded by a Registered Grading Organ.
５ 農林大臣は、第二項の登録をしたときは、遅滯なく前項に掲げる事項を公示しなければならない。
5 In case the Minister of Agriculture and Forestry has made a registration of paragraph 2, he shall, without dealy, make a public notice of the matters enumerated in the preceding paragraph.
6 In case the matters enumerated in paragraph 4 item (2) has been changed, the Registered Grading Organ shall, without delay, submit a report to the Minister of Agriculture and Forestry to that effect.
７ 農林大臣は、前項の届出があつたときは、遅滯なくその旨を公示しなければならない。
7 In case a report of the preceding paragraph has been made, the Minister of Agriculture and Forestry shall, without delay, make a public notice to that effect.
Article 17-(2). The Minister of Agriculture and Forestry may, in the case as enumerated in each item below, cancel the registration of the Registered Grading Organ concerned or order a suspension of the grading by using the Japanese Agricultural and Forest Standards for a certain period:
一 前條第二項に規定する登録基準に適合しなくなつたとき。
(1) In case it has come not to conform to registration standards as prescribed in paragraph 2 of the preceding Article;
二 不正な手段により登録を受けたとき。
(2) In case it received the registration by dishonnest means;
三 この法律若しくはこの法律に基く命令の規定又はこれらの規定に基く処分に違反したとき。
(3) In case it has violated this Law, the provisions of the orders based upon this Law, or disposals based upon those provisions.
2 In case cancellation or prohibition under the provisions of the preceding paragraph is intended, a public hearing shall be held by notifying in advance the Registered Grading Organ concerned of a time limit, location, the reasons for the causes of the said disposal, and an opportunity for the person in question or a proxy thereof to present evidences to express his opinion shall be given.
３ 農林大臣は、第一項の規定による処分をしたときは、遅滯なくその旨を公示しなければならない。
3 In case the Minister of Agriculture and Forestry has made a disposal as prescribed in paragraph 1, he shall, without delay, make a public notice to that effect.
（日本農林規格登録格付機関という名称の使用の禁止）
(Prohibition to Use Title of Registered Grading Organ for Japanese Agricultural and Forest Standards)
Article 17-(3). No person who is not a Registered Grading Organ shall use a title of the Registered Grading Organ for Japanese Agricultural and Forest Standards or a confusing title therewith.
2 The Registered Grading Organ shall not use a title of the Registered Grading Organ for the Japanese Agricultural and Forest Standards or a confusing title in respect to any other Agricultural and forest commodities than the agricultural and forest commodities registered by it.
第十八條を次のように改める。
Article 18 shall be amended as follows:
（規格証票等の表示の禁止）
(Prohibition of Indication of Standard Certification Label, etc. and Matters of Similarity)
Article 18. Any person other than an organ of the Ministry of Agriculture and Forestry, To, Do, Fu or prefecture, or a Registered Grading Organ shall not affix any indication of standard certification labels or a confusing indication therewith on agricultural and forest commodities, or packages or containers thereof.
2 Unless an organ of the Ministry of Agriculture and Forestry, To, Do, Fu or prefecture or Registered Grading Organ has made a grading under the provision of Article 16 paragraph 1, it shall affix no indication of standard certification labels or confusing indication therewith on the agricultural and forest commodities concerned, or the packages or containers thereof.
第十九條の見出しとして「（包裝材料等の再使用の制限）」を加える。
As a heading of Article 19, "(Limitation of Re-use of Packing Materials, etc.)" shall be added.
In Article 21, next to "To, Do, Fu or prefecture" shall be added "or Registered Grading Organs" ;in Article 22 paragraph 1, next to "To, Do, Fu or prefecture" and "To, Do, Fu or prefecture concerned" shall be added "or Registered Grading Organ" or "or Registered Grading Organ concerned" shall be added respectively;and paragraph 2 of the same Article shall be deleted.
In Article 24 item (1), "Article 14" shall be amended as "Article 13" and in item (2) of the same Article, "Article 18" shall be amended as "Article 18 paragraph 1" ;next to the same Article shall be added the following three Articles;and in Article 25, "the preceding Article" shall be amended as "the preceding four Articles" and "same Article" shall be amended as "the respective Articles" :
Article 24-(2). In case any of the following items was violated, the representative, proxy, employee or others of the Registered Grading Organ, which has committed an act of violation shall be punished with a penal servitude not exceeding one year or a fine not exceeding 100,000 yen:
一 第十四條の規定に違反したとき。
(1) In case the provision of Article 14 was violated:
二 第十八條第二項の規定に違反したとき。
(2) In case the provision of Article 18 paragraph 2 was violated.
第二十四條の三 第十七條の三第一項の規定に違反した者は、五万円以下の罰金に処する。
Article 24-(3). Any person who violated the provision of Article 17-(3) paragraph 1 shall be punished with a fine not exceeding 50,000 yen.
Article 24-(4). In case any of the following items was violated, the representative, proxy, employee or others of the Registered Grading Organ, which has committed an act of violation, shall be punished with a fine not exceeding 50,000 yen:
一 第十七條第六項の規定による届出をせず、又は虚僞の届出をしたとき。
(1) In case no report was submitted in accordance with the provisions of Article 17 paragraph 6 or in case a false report was made;
二 第十七條の三第二項の規定に違反したとき。
(2) In case the provision of Article 17-(3) paragraph 2 was violated;
三 第二十一條の規定による報告をせず、又は虚僞の報告をしたとき。
(3) In case no report was submitted in accordance with the provision of Article 21 or in case a false report was made;
四 第二十二條の規定による禁止に違反したとき。
(4) In case the prohibition in the provision of Article 22 was violated.
附則第四項中「第八條から第十一條まで」を「第八條」に改める。
In item (4) of the Supplementary Provision, "Articles 8 to 11 inclusive" shall be amended as "Article 8."
附 則
Supplementary Provisions:
１ この法律は、公布の日から施行する。
1 This Law shall come into force as from the day of its promulgation.
２ この法律施行前にした行為に対する罰則の適用については、なお従前の例による。
2 With regard to the application of penal provisions on acts committed before the enforcement of this Law, the old provision shall still prevail.
3 The term of office for the existing members of the Agricultural and Forest Commodities Standards Committee at the time when the present Law came into force, shall expire after six months since its enforcement in spite of the revised provisions of Article 4 paragraph 4.
農林大臣 広川弘禪
Minister of Agricultural and Forestry HIROKAWA Kozen