Law for Partial Amendments to the Agricultural and Forest Commodities Standards Law
法令番号: 法律第223号
公布年月日: 昭和26年6月9日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Agricultural and Forest Commodities Standards Law.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the sixth month of the twenty-sixth year of Showa (June 9, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.223
Law for Partial Amendments to the Agricultural and Forest Commodities Standards Law
The Agricultural and Forest Commodities Standards Law (Law No.175 of 1950) shall be partially amended as follows:
Article 2 paragraph 2 shall be amended as follows:
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.
Next to the same Article paragraph 2 shall be added the following one paragraph:
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.
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."
Article 8 shall be amended as follows:
(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.
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 shall be amended as follows:
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　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:
(Limitation of Use of Standard)
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.
Next to Article 16 shall be added the following three Articles:
(Registration)
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:
(1)　Equipment, machinery and tools to be used for the grading:
(2)　Qualification and number of the persons to engage in the grading;
(3)　Area where grading is conducted.
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;
(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;
(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:
(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　Registration shall be made by entering the following items in the registration book:
(1)　Registration number;
(2)　Title and Location of a Registered Grading Organ;
(3)　Kinds of agricultural and forest commodities to be graded by a Registered Grading Organ.
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　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:
(1)　In case it has come not to conform to registration standards as prescribed in paragraph 2 of the preceding Article;
(2)　In case it received the registration by dishonnest means;
(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　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.
(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.
Article 18 shall be amended as follows:
(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.
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:
(1)　In case the provision of Article 14 was violated:
(2)　In case the provision of Article 18 paragraph 2 was violated.
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:
(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;
(2)　In case the provision of Article 17-(3) paragraph 2 was violated;
(3)　In case no report was submitted in accordance with the provision of Article 21 or in case a false report was made;
(4)　In case the prohibition in the provision of Article 22 was violated.
In item (4) of the Supplementary Provision, "Articles 8 to 11 inclusive" shall be amended as "Article 8."
Supplementary Provisions:
1　This Law shall come into force as from the day of its promulgation.
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.
Minister of Agricultural and Forestry　HIROKAWA Kozen
Prime Minister　YOSHIDA Shigeru