Chapter IV Consolidation of Information about Actual and Potential Consumer-Related Incidents
第四章 消費者事故等に関する情報の集約等
第十二条(消費者事故等の発生に関する情報の通知)
On being informed that an Actual or Potential Serious Accident has occurred, the head of an administrative organ, the prefectural governor, the municipal mayor, or the president of the National Consumer Affairs Center of Japan must notify the Prime Minister of this, give the Prime Minister an outline of the Actual or Potential Serious Accident, and notify the Prime Minister of the particulars provided by Cabinet Office Order immediately, and pursuant to the provisions of Cabinet Office Order.
On being informed that an Actual or Potential Consumer-Related Incident (other than an Actual or Potential Serious Accident) has occurred and finding it to be likely, in light of the form of the Actual or Potential Consumer-Related Incident, the characteristics of the good or product or the service involved in the Actual or Potential Consumer-Related Incident, and other circumstances of the Actual or Potential Consumer-Related Incident, that instances of harm from the Actual or Potential Consumer-Related Incident will increase or that the same or a similar type of Actual or Potential Consumer-Related Incident will occur, the head of an administrative organ, the prefectural governor, the municipal mayor, or the president of the National Consumer Affairs Center of Japan must notify the Prime Minister that the Actual or Potential Consumer-Related Incident has occurred, give the Prime Minister an outline of the Actual or Potential Consumer-Related Incident, and notify the Prime Minister of other information provided by Cabinet Office Order, in accordance with Cabinet Office Order.
The provisions of the preceding two paragraphs do not apply if the person that is required to notify is:
前二項の規定は、その通知をすべき者が次の各号のいずれかに該当するときは、適用しない。
a person set forth in the former portion of one of sub-items (a) through (d) below who, pursuant to the provisions of any other law, must notify or report to the person set forth in the latter portion of the applicable sub-item with regard to the occurrence of an Actual or Potential Consumer-Related Incident:
次のイからニまでに掲げる者であって、それぞれイからニまでに定める者に対し、他の法律の規定により、当該消費者事故等の発生について通知し、又は報告しなければならないこととされているもの
the head of an administrative organ:the Prime Minister;
行政機関の長 内閣総理大臣
a prefectural governor:the head of an administrative organ;
都道府県知事 行政機関の長
a municipal mayor:the head of an administrative organ or the prefectural governor;
市町村長 行政機関の長又は都道府県知事
the president of the National Consumer Affairs Center of Japan:the head of an administrative organ.
国民生活センターの長 行政機関の長
a person who is informed of the occurrence of an Actual or Potential Consumer-Related Incident by another person (other than one falling under the preceding item) who is required to notify the Prime Minister of the occurrence of an Actual or Potential Consumer-Related Incident pursuant to one of the preceding two paragraphs; or
any person (other than one falling under the preceding two items) provided by Cabinet Office Order as being equivalent to the persons set forth in the preceding two items.
In a case as referred to in paragraph (1) or paragraph (2), if, in lieu of notifying the Prime Minister pursuant to the provisions of those paragraphs, the head of the administrative organ, prefectural governor, municipal mayor, or president of the National Consumer Affairs Center of Japan inputs necessary information into the Practical Living Information Online Network System (an electronic data processing system that connects computers used by the head of the administrative organ, organizations of local governments, the National Consumer Affairs Center of Japan and other people designated by Cabinet Office Order via telecommunications lines, which is installed and managed by the National Consumer Affairs Center of Japan pursuant to the provisions of Cabinet Office Order for accumulating and using information on consumer affairs) or takes the measures provided by Cabinet Office Order to put the information into a form that the Prime Minister and any other person who it is decided must give the notice can inspect by electronic or magnetic means, the notice is deemed to have been made.
第一項又は第二項の場合において、行政機関の長、都道府県知事、市町村長及び国民生活センターの長が、これらの規定による通知に代えて、全国消費生活情報ネットワークシステム(行政機関の長、地方公共団体の機関、国民生活センターその他内閣府令で定める者の使用に係る電子計算機を相互に電気通信回線で接続した電子情報処理組織であって、消費生活に関する情報を蓄積し、及び利用するために、内閣府令で定めるところにより国民生活センターが設置し、及び管理するものをいう。)への入力その他内閣総理大臣及び当該通知をしなければならないこととされている者が電磁的方法を利用して同一の情報を閲覧することができる状態に置く措置であって内閣府令で定めるものを講じたときは、当該通知をしたものとみなす。
The national government and National Consumer Affairs Center of Japan are to give advice and other necessary assistance to local governments for notifying smoothly and surely pursuant to the provisions of paragraphs (1) and (2).
第十三条(消費者事故等に関する情報の集約及び分析等)
The Prime Minister is to consolidate and analyze the information of which the Prime Minister is notified pursuant to paragraph (1) or paragraph (2) of the preceding Article and other information about Actual and Potential Consumer-Related Incidents promptly and reliably, and to compile the results of this so that the information can be used effectively for Ensuring Consumer Safety.
The Prime Minister is to provide the results compiled pursuant to the preceding paragraph to the relevant administrative organs, relevant local governments, and the National Consumer Affairs Center of Japan, as well as reporting them to the Consumer Commission.
The Prime Minister must disclose the results compiled pursuant to paragraph (1) to the public.
内閣総理大臣は、第一項の規定により取りまとめた結果を公表しなければならない。
The Prime Minister must report the results compiled pursuant to paragraph (1) to the Diet.
内閣総理大臣は、国会に対し、第一項の規定により取りまとめた結果を報告しなければならない。
Article 14Requests for Materials to Be Submitted
第十四条(資料の提供要求等)
If the Prime Minister finds it necessary for consolidating and analyzing information and for compiling the results of this pursuant to paragraph (1) of the preceding Article, the Prime Minister may ask the head of the relevant administrative organ, the head of the relevant local government, the president of the National Consumer Affairs Center of Japan, and other relevant persons (hereinafter referred to as "the Head of the Relevant Administrative Organ" in Article 35 and Article 38, paragraph (2)) to provide materials, state an opinion, carry out an examination, analysis, or inspection to investigate the cause of an Actual or Potential Consumer-Related Incident, or otherwise cooperate as necessary.
If the Prime Minister finds it necessary to do so in order to prevent an Actual or Potential Consumer-Related Incident from occurring or in order to prevent instances of harm from an Actual or Potential Consumer-Related Incident from increasing, the Prime Minister may ask the governor of the relevant prefecture or the mayor of the relevant municipality for the necessary reports on the Actual or Potential Consumer-Related Incident.
内閣総理大臣は、消費者事故等の発生又は消費者事故等による被害の拡大の防止を図るため必要があると認めるときは、関係都道府県知事又は関係市町村長に対し、消費者事故等に関して必要な報告を求めることができる。
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
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)
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 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
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)
electronic or magnetic means
「電磁的方法」
A way of using an electronic data processing system or other information and communications technology.
Defined inArticle 11-17, paragraph (2), item (iv)· applies only in this provision and in Article 12, paragraph (4)
the Head of the Relevant Administrative Organ
「関係行政機関の長等」
In Article 14, Article 35 and Article 38, paragraph (2), the heads of the relevant administrative bodies and local governments, the president of the National Consumer Affairs Center of Japan (国民生活センター), and others concerned.
Short name set inArticle 14, paragraph (1)· applies only in this provision and in Article 35; and Article 38, paragraph (2)
Consumer Commission
消費者委員会
A commission placed in the Cabinet Office (内閣府) (Act for Establishment of the Consumer Affairs Agency and the Consumer Commission, Article 6, paragraph (1)), of no more than ten members whom the Prime Minister appoints and who exercise their authority independently (Articles 7, 9, paragraph (1), and 10, paragraph (1)). It investigates and deliberates on important matters — among them the protection and promotion of consumers' interests, the proper regulation of premiums and representations, and prices — on its own initiative, making recommendations to the Prime Minister, the Ministers concerned or the Commissioner of the Consumer Affairs Agency, and when one of them consults it; and it deals with the matters that the Acts Article 6, paragraph (2), item (iv) lists give it (Article 6, paragraph (2), items (i), (ii) and (iv)). Under the Act against Unjustifiable Premiums and Misleading Representations, the Prime Minister must hear its opinion before designating what counts as a premium or a representation, or restricting or banning premiums (Articles 3 and 6); under the Act on Specified Commercial Transactions, the Minister in charge must consult it before drafting certain Cabinet Orders (政令) (Article 64).
Written by AI using Act for Establishment of the Consumer Affairs Agency and the Consumer Commission, Arts. 6, 7, 9, 10, Act against Unjustifiable Premiums and Misleading Representations, Arts. 3, 6 and Act on Specified Commercial Transactions, Art. 64 as a reference.
the Diet
国会
Japan's parliament, and under Article 41 the only body that can make an Act (法律). It has two chambers, the House of Representatives and the House of Councillors, both made up of elected members (Articles 42 and 43). It designates the Prime Minister, approves the budget and treaties, and can start the process of amending the Constitution. A Cabinet Order (政令) or Ministerial Order (省令) may impose a duty or a penalty only where an Act the Diet passed says it may.
Written by AI using Constitution, Arts. 41, 42, 43 and Wikipedia: National Diet 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.