Chapter I General Provisions
第一章 総則
第一条(目的)
The purpose of this Act is to provide for the Prime Minister's formulation of a basic policy so as to prevent Consumers from suffering harm in their lives as consumers and to ensure their safety, and this Act also aims to contribute to bringing about a society in which Consumers are assured of leading safe and fulfilling lives as consumers by providing for measures such as prefectural and municipal governments' implementation of consumer affairs consultations and other administrative processes, these governments' establishment of Consumer Affairs Centers, and the consolidation of information about Actual and Potential Consumer-Related Incidents; the Consumer Safety Investigation Commission's investigations with regard to Actual and Potential Consumer-Related Incidents; and measures to prevent instances of Harm to Consumers from Occurring or Increasing, together with measures provided for under other relevant laws.
第二条(定義)
The term "Consumer" as used in this Act means an individual (other than an individual engaging in a commercial, industrial, financial, or other business undertaking).
この法律において「消費者」とは、個人(商業、工業、金融業その他の事業を行う場合におけるものを除く。)をいう。
The term "Enterprise" as used in this Act means a person engaged in a commercial, industrial, financial, or other business undertaking (and is applicable to an individual only when the individual is engaging in such a business undertaking).
この法律において「事業者」とは、商業、工業、金融業その他の事業を行う者(個人にあっては、当該事業を行う場合におけるものに限る。)をいう。
The term "Ensuring Consumer Safety" as used in this Act means preventing Consumers from suffering harm in their lives as consumers and ensuring their safety.
この法律において「消費者安全の確保」とは、消費者の消費生活における被害を防止し、その安全を確保することをいう。
The term "Safe to Use" as used in this Act means the level of safety that a good or product (meaning a good or product that it is the business of an Enterprise to supply; an object, facility, or structure that an Enterprise provides or allows Consumers to use in order to further its business; an object, facility, or structure used in a service that it is the business of an Enterprise to provide; or an object, facility, or structure used in a service that an Enterprise provides in order to further its business; hereinafter the same applies) or a service (limited to a service that it is the business of an Enterprise to provide or one that it provides in order to further its business; hereinafter the same applies) should normally have when a Consumer uses that good or product (including eating or drinking it) or makes use of that service (hereinafter these activities are referred to as "Use"), given the characteristics of the good or product or the service, the normal and foreseeable ways in which Consumers will Use it, and other circumstances attending the good or product or the service.
The term "Actual or Potential Consumer-Related Incident" as used in this Act means an accident or circumstance as set forth in one of the following items:
この法律において「消費者事故等」とは、次に掲げる事故又は事態をいう。
an accident that occurs in association with a Consumer's Use of a good or product that it is the business of an Enterprise to supply; an object, facility, or structure that an Enterprise provides or allows Consumers to use in order to further its business; a service that it is the business of an Enterprise to provide; or a service that an Enterprise provides in order to further its business, in which the life or health of a Consumer is harmed to the extent provided by Cabinet Order (other than an accident that clearly was not caused by a deficiency in the good or product or the service involved in the accident in terms of it being Safe to Use);
a circumstance meeting the requirements provided by Cabinet Order for being regarded as a circumstance in which a Consumer's Use of a good or product or a service that is not Safe to Use is likely to cause an accident as set forth in the preceding item; and
any circumstance other than as set forth in the preceding two items, in which an Enterprise engages in deceitful or exaggerated advertising or any other action provided by Cabinet Order that is likely to wrongfully harm the interests of a Consumer or interfere with a Consumer's voluntary and rational choice-making.
The term "Actual or Potential Accident Involving Bodily Harm" as used in this Act means an accident set forth in item (i) of the preceding paragraph or a circumstance set forth in item (ii) of that paragraph.
The term "Actual or Potential Serious Accident" as used in this Act means an accident or circumstance set forth in one of the following items:
この法律において「重大事故等」とは、次に掲げる事故又は事態をいう。
an accident as set forth in paragraph (5), item (i) which meets the requirements provided by Cabinet Order for being regarded as involving serious harm; and
第五項第一号に掲げる事故のうち、その被害が重大であるものとして政令で定める要件に該当するもの
a circumstance set forth in paragraph (5), item (ii) which meets the requirements provided by Cabinet Order for being regarded as likely to cause an accident as set forth in the preceding item.
The term "Circumstances Financially Damaging to a Great Number of Consumers" as used in this Act means circumstances as set forth in paragraph (5), item (iii), in which dealings as follows that involve an action as set forth in paragraph (5), item (iii) are taken by an Enterprise, and this damages or is likely to damage the finances of a great number of Consumers:
unfair dealings that are prejudicial to the financial interests of the Consumer, in which the contents or terms and conditions indicated to the Consumer with respect to the goods, services, rights, or other subject of the dealings are significantly different from the actual contents or terms and conditions; or
unfair dealings, other than as set forth in the preceding item, which are prejudicial to the financial interests of the Consumer and which are provided by Cabinet Order.
第三条(基本理念)
Policies for Ensuring Consumer Safety must be advanced through the prompt and efficient implementation of measures that are found to be necessary based on expert knowledge, with a view to preventing Actual and Potential Consumer-Related Incidents from occurring and preventing instances of harm from Actual and Potential Consumer-Related Incidents from increasing.
Policies for Ensuring Consumer Safety must be advanced with a view to contributing to enhancing convenience for the Consumer while taking care to ensure appropriate business conduct by Enterprises and responding correctly to the growing sophistication and diversification of Consumer needs and other changes in socioeconomic conditions.
Policies for Ensuring Consumer Safety must be advanced under the close cooperation of the national and local governments, in a way that allows local governments to fully exercise their autonomy and independence.
消費者安全の確保に関する施策の推進は、国及び地方公共団体の緊密な連携の下、地方公共団体の自主性及び自立性が十分に発揮されるように行われなければならない。
Article 4Responsibilities of the National and Local Governments
第四条(国及び地方公共団体の責務)
The national and local governments have a responsibility to formulate and implement policies for Ensuring Consumer Safety comprehensively, in conformity with the basic principles provided for in the preceding Article (hereinafter referred to as "the Basic Principles" in this Article).
In advancing policies for Ensuring Consumer Safety, the national and local governments must endeavor to leverage the abilities of persons with expertise, skills or experience in consumer affairs, in conformity with the Basic Principles.
In advancing policies for Ensuring Consumer Safety, the national and local governments must endeavor to take the necessary measures to disclose information about Actual and Potential Consumer-Related Incidents, the necessary measures to incorporate Consumer opinions, and other measures, thereby ensuring the transparency of the process, in conformity with the Basic Principles.
In advancing policies for Ensuring Consumer Safety, the national and local governments must endeavor to assess policy effects (meaning the effects that a series of administrative actions that the government implements or seeks to implement based on those policies, have or are likely to have on Consumers' lives as consumers, on social and economic conditions, and on administrative management; the same applies in Article 6, paragraph (2), item (iv)), evaluate those effects based on their assessment, consider them in a timely and appropriate manner, and then take the necessary measures based on these considerations, in conformity with the Basic Principles.
In advancing policies for Ensuring Consumer Safety, the national and local governments must take care to ensure close cooperation among the National Consumer Affairs Center of Japan, IAA (hereinafter referred to as "the National Consumer Affairs Center of Japan"); the Consumer Affairs Centers as provided in Article 10-2, paragraph (1), item (i); prefectural police; fire departments (meaning the bodies set forth in the items of Article 9 of the Fire and Disaster Management Organization Act (Act No. 226 of 1947)); healthcare centers; hospitals; educational institutions; consumer affairs support groups and consumer affairs supporters defined in Article 11-7, paragraph (1); consumer groups; and other relevant parties, in conformity with the Basic Principles.
国及び地方公共団体は、消費者安全の確保に関する施策の推進に当たっては、基本理念にのっとり、独立行政法人国民生活センター(以下「国民生活センター」という。)、第十条の二第一項第一号に規定する消費生活センター、都道府県警察、消防機関(消防組織法(昭和二十二年法律第二百二十六号)第九条各号に掲げる機関をいう。)、保健所、病院、教育機関、第十一条の七第一項の消費生活協力団体及び消費生活協力員、消費者団体その他の関係者の間の緊密な連携が図られるよう配慮しなければならない。
The national and local governments must endeavor to deepen public understanding and gain their cooperation for Ensuring Consumer Safety, by promoting consumer education and conducting public relations activities, along with other relevant activities.
国及び地方公共団体は、消費者教育を推進し、及び広報活動その他の活動を行うことを通じて、消費者安全の確保に関し、国民の理解を深め、かつ、その協力を得るよう努めなければならない。
Article 5Efforts by Enterprises and Others
第五条(事業者等の努力)
Enterprises and trade associations must make their own efforts to Ensure Consumer Safety, as well as endeavoring to cooperate with policies for Ensuring Consumer Safety that are implemented by the national and local governments.
In consideration of the fact that it is important for Consumers themselves to act independently and rationally in order to have a sense of security and lead safe and fulfilling lives as consumers, Consumers must endeavor to acquire the necessary knowledge and collect the necessary information about the quality or performance of the goods or products an Enterprise supplies or the services it provides, the contracts they must conclude with an Enterprise, and other information pertinent to their lives as consumers.
Consumer
「消費者」
An individual, except when carrying on a commercial, industrial, financial or other business.
Defined inArticle 2, paragraph (1)· applies throughout the law
Enterprise
「事業者」
Any person carrying on a commercial, industrial, financial or other business; an individual counts only when acting in the course of such a business.
Defined inArticle 2, paragraph (2)· applies throughout the law
Ensuring Consumer Safety
「消費者安全の確保」
Preventing consumers from suffering harm in their lives as consumers and keeping them safe.
Defined inArticle 2, paragraph (3)· applies throughout the law
Usemachine translation
「使用等」
A consumer's use of goods, products, facilities and the like (including eating or drinking them) or of services.
Short name set inArticle 2, paragraph (4)
good or product
「商品等」
Goods and products a business (事業者) supplies as its business, and objects, facilities and structures it provides or lets people use for its business or uses in providing a service as or for its business.
Defined inArticle 2, paragraph (4)
Safe to Usemachine translation
「消費安全性」
The safety a good, product, facility or service should normally have when a consumer uses it, judged by its characteristics, the ways it can normally be expected to be used (including eaten or drunk) and other circumstances.
Defined inArticle 2, paragraph (4)· applies throughout the law
Actual or Potential Consumer-Related Incident
「消費者事故等」
Any of three kinds of event: an accident in which a consumer using a business's goods, facilities or services suffers harm to life or body to the degree a Cabinet Order (政令) sets (unless it clearly was not caused by the thing being unsafe); a situation in which a consumer used something not safe to use that a Cabinet Order treats as likely to cause such an accident; or a business's false or exaggerated advertising or other conduct a Cabinet Order names that may unfairly harm consumers' interests or their free and rational choice.
Defined inArticle 2, paragraph (5)· applies throughout the law
Actual or Potential Accident Involving Bodily Harm
「生命身体事故等」
An accident in which a consumer suffers harm to life or body to the degree a Cabinet Order (政令) sets, or a situation likely to cause such an accident, as listed in Article 2, paragraph (5), items (i) and (ii).
Defined inArticle 2, paragraph (6)· applies throughout the law
Actual or Potential Serious Accident
「重大事故等」
An accident in which a consumer suffers harm to life or body that a Cabinet Order (政令) treats as serious, or a situation in which something not safe to use was used that a Cabinet Order treats as likely to cause such an accident.
Defined inArticle 2, paragraph (7)· applies throughout the law
Circumstances Financially Damaging to a Great Number of Consumersmachine translation
「多数消費者財産被害事態」
A situation under Article 2, paragraph (5), item (iii) in which a business (事業者) deals with consumers unfairly and against their financial interests, by presenting the goods, services, rights or terms of the deal as significantly different from what they are or in another way a Cabinet Order (政令) sets, so that the property of many consumers is or may be damaged.
Defined inArticle 2, paragraph (8)· applies throughout the law
the Basic Principles
「基本理念」
In Article 4, the basic principles of Article 3: that measures for consumer safety are taken quickly and efficiently on expert knowledge to prevent actual or potential consumer-related incidents (消費者事故等) and the spread of their harm, keep pace with changes in consumers' needs and in society while respecting proper business activity, and are carried out by the national and local governments in close cooperation, with local governments' autonomy fully respected.
Short name set inArticle 4, paragraph (1)· applies only in this article
policy effectsmachine translation
「施策効果」
In Article 4, paragraph (4) and Article 6, paragraph (2), item (iv), the effect that the administrative actions taken or planned under a consumer-safety policy have, or are expected to have, on consumers' lives, on society and the economy, and on how government is run.
Defined inArticle 4, paragraph (4)· applies only in this provision and in Article 6, paragraph (2), item (iv)
the National Consumer Affairs Center of Japan
「国民生活センター」
The National Consumer Affairs Center of Japan, an Incorporated Administrative Agency (独立行政法人).
Short name set inArticle 4, paragraph (5)
Consumer Affairs Centers
「消費生活センター」
In Article 10-2 and Article 47, paragraph (2), the facility or body that a prefecture must, and a municipality should try to, set up under Article 10 to handle consumers' complaints against businesses and the other consumer-safety work of Article 8, staffed with consumer affairs consultants (消費生活相談員).
Defined inArticle 10-2, paragraph (1), item (i)· applies only in this provision and in Article 10-2, paragraph (2); and Article 47, paragraph (2)
health center
保健所
An office set up by a prefecture (都道府県), by one of the cities named by Cabinet Order (政令), which include every designated city (指定都市) and core city (中核市), or by a special ward (特別区) (Community Health Act, Article 5, paragraph (1)), to look after the health of the people of its area (Article 6, paragraph (1), item (xiv)). It plans, coordinates and guides, and runs the services these need, on matters that include food hygiene, the hygiene of housing, water supply, sewerage and the wider environment, and the prevention of infectious diseases (Article 6, paragraph (1)). Under the Hotel Business Act, in a city or special ward that has set one up, the licence to run a hotel business (旅館業) — a hotel or inn, shared lodging or a boarding house — comes from the mayor or the ward head, not the prefectural governor (Hotel Business Act, Article 2, paragraph (1), and Article 3, paragraph (1)).
Written by AI using Community Health Act, Arts. 5, 6, Local Autonomy Act, Arts. 252-19, 252-22 and Hotel Business Act, Arts. 2, 3 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.