Consumer Safety Act

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.

①The term "Consumer" as used in this Act means an individual (other than an individual engaging in a commercial, industrial, financial, or other business undertaking).

②The 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).

③The term "Ensuring Consumer Safety" as used in this Act means preventing Consumers from suffering harm in their lives as consumers and ensuring their safety.

④The 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.

⑤The 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:

⑥The 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.

⑦The term "Actual or Potential Serious Accident" as used in this Act means an accident or circumstance set forth in one of the following items:

⑧The 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:

①Policies 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.

②Policies 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.

③Policies 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.

①The 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).

②In 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.

③In 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.

④In 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.

⑤In 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.

⑥The 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.

①Enterprises 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.

②In 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.

①The Prime Minister must formulate a basic policy for Ensuring Consumer Safety (hereinafter referred to as "the Basic Policy").

②The Basic Policy must establish the following particulars:

③The Basic Policy must be in conformity with the Basic Plan for Consumers as prescribed in Article 9, paragraph (1) of the Basic Consumer Act (Act No. 78 of 1968).

④Before beginning to formulate the Basic Policy, the Prime Minister must take the necessary measures to ensure that it will incorporate the views of Consumers and other relevant parties, as well as consulting with the heads of the relevant administrative organs and hearing the opinions of the Consumer Commission and the Consumer Safety Investigation Commission.

⑤The Prime Minister must issue an announcement to the public without delay after formulating the Basic Policy.

⑥The provisions of the preceding two paragraphs apply mutatis mutandis to amendments to the Basic Policy.

①A prefectural governor may submit a proposal to the Prime Minister for an amendment to the Basic Policy that will advance policies for Ensuring Consumer Safety, based on knowledge obtained through the performance of administrative processes set forth in the items of paragraph (1) of the following Article (hereinafter in this Article, this is referred to as "Proposing" an amendment). To do so, the prefectural governor must include a draft of the amendment to the Basic Policy that the governor is Proposing.

②If an amendment is Proposed and, after hearing the opinions of the Consumer Commission and the Consumer Safety Investigation Commission, the Prime Minister finds it necessary to amend the Basic Policy based on the amendment that has been Proposed (meaning to amend the Basic Policy in a way that fully or partially reproduces the draft of the amendment to the Basic Policy that the governor is Proposing; the same applies in the following paragraph), the Prime Minister must amend the Basic Policy without delay.

③If an amendment is Proposed and, after hearing the opinions of the Consumer Commission and the Consumer Safety Investigation Commission, the Prime Minister finds it not to be necessary to amend the Basic Policy based on the amendment that has been Proposed, the Prime Minister must notify the prefectural governor who Proposed the amendment of the decision not to make the amendment, giving the reasons for that decision, without delay.

①Prefectural governments are to perform the following administrative processes:

②Municipal governments are to perform the following administrative processes:

③If a municipal government deals with the administrative processes set forth in the items of the preceding paragraph in cooperation with another municipal government or entrusts another municipal government with the administrative processes, the prefectural government may conduct necessary coordination between relevant municipal governments to meet the requests from the relevant municipal governments.

④Any of prefectural officials who engage or engaged in the administrative processes set forth in the items of paragraph (1) and municipal officials who engage or engaged in the administrative processes set forth in the items of paragraph (2) must not divulge any confidential information learned in the course of those administrative processes.

①Each prefectural government may entrust part of the administrative processes set forth in paragraph (1), item (i) of the preceding Article (excluding the coordination of communication among municipal governments) and the administrative processes set forth in items (ii) to (v) of that paragraph to those who satisfy the standards provided by Cabinet Office Order as those who can carry out the administrative processes appropriately.

②Each municipal government may entrust part of the administrative processes set forth in the items of paragraph (2) of the preceding Article to those who satisfy the standards provided by Cabinet Office Order as those who can carry out the administrative processes appropriately.

③Any of those who have been entrusted with any administrative processes pursuant to the preceding two paragraphs, its officer or personnel, and those who formerly held those positions must not divulge any confidential information learned in the course of the administrative processes entrusted thereto.

The national government and the National Consumer Affairs Center of Japan are to provide the prefectural and municipal governments with information, train staff to engage in the relevant administrative processes, and give other necessary assistance for implementing the administrative processes set forth in the items of paragraphs (1) and (2) of Article 8.

①A prefectural government must establish an institution or organization that meets the following requirements in order to perform the administrative processes set forth in the items of Article 8, paragraph (1):

②If necessary, a municipal government must endeavor to establish an institution or organization that meets the following requirements, in order to perform the administrative processes set forth in the items of Article 8, paragraph (2):

③Municipal governments other than the ones that have established the institutions or organizations set forth in the preceding paragraph pursuant to that paragraph must endeavor to employ consumer affairs consultants to engage in the administrative processes set forth in Article 8, paragraph (2), items (i) and (ii).

①The prefectural government and municipal government that have established the institutions or organizations mentioned in paragraph (2) of the preceding Article must establish the following particulars in their respective ordinances:

②If the prefectural government or municipal government that has established a Consumer Affairs Center enacts an ordinance pursuant to the preceding paragraph, the prefectural government or municipal government is to refer to the standards provided by Cabinet Office Order for dealing with Consumer complaints against Enterprises appropriately and promptly.

①Consumer affairs consultants are to be those who have passed the qualification examination for consumer affairs consultants held by the Prime Minister or corporations registered by the Prime Minister (hereinafter referred to as "a Registered Testing Organization") or those who have been accredited by the prefectural governors or municipal mayors as those who possess expertise and skills at the same level as or a higher level than the passers of the examination.

②Consumer affairs consultants must endeavor to improve their knowledge and skills related to consumer affairs consultations (meaning consultation and mediation involving a Consumer complaint against an Enterprise implemented by prefectural or municipal governments in accordance with Article 8, paragraph (1), item (ii) (a) and (b) or paragraph (2), items (i) and (ii); hereinafter the same applies), in order to adapt to the changes in business affairs due to the changes in the environment surrounding consumer affairs.

③The aim of the qualification examination for consumer affairs consultants mentioned in paragraph (1) (hereinafter referred to as "the Exam") is to test whether examinees possess the knowledge and skills required for offering consumer affairs consultations. The subjects covered by the Exam are as follows:

④A person planning to take the Exam (excluding the examinations held by Registered Testing Organizations) must pay fees to the national government with a method provided by Cabinet Office Order.

⑤Beyond what is provided for in the preceding two paragraphs, the procedures for taking the Exam and other particulars are as provided by Cabinet Office Order.

The prefectural governors must endeavor to select those who can give advice, cooperate, provide information, and offer other assistance as provided in Article 8, paragraph (1), item (i) for carrying out the administrative processes of municipal governments set forth in Article 8, paragraph (2), items (i) and (ii) from consumer affairs consultants of the prefectural governments who have passed the Exam and possess the practical work experience as consumer affairs consultants provided by Cabinet Office Order, and designate those selected as designated consumer affairs consultants, in order to support municipal governments in conducting administrative processes for consumer affairs consultations.

The prefectural and municipal governments must endeavor to secure consumer affairs consultants and staff to engage in the administrative processes set forth in the items of Article 8, paragraph (1) or (2) and to improve the qualifications thereof, by adequately compensating consumer affairs consultants, training them, appointing and fostering full-time staff members, and taking other measures.

①The Prime Minister may provide the heads of local governments with the information on purchasers who require special care for consumer affairs and other information provided by Cabinet Office Order regarding the local residents of the local governments as long as the information is necessary for Ensuring Consumer Safety, when requested by the heads of local governments, pursuant to Cabinet Office Order provisions.

②The head of a local government may provide the head of another local government with information obtained in the course of administrative processes for consumer affairs consultations concerning the local residents of the local government, as long as the information is necessary for Ensuring Consumer Safety, when requested by the head of another local government, pursuant to the Cabinet Office Order provisions.

③The president of the National Consumer Affairs Center of Japan may provide the head of a local government with information obtained in the course of mediation for processing a complaint between an Enterprise and a Consumer and information obtained in the course of business for the consultation involving the complaint concerning the local residents of the local government, as long as the information is necessary for Ensuring Consumer Safety, when requested by the head of the local government, pursuant to the Cabinet Office Order provisions.

①Any organizations of the national and local governments engaging in the administrative processes for protecting and enhancing the interests of a Consumer (hereinafter referred to as "Relevant Institutions" in this Article) may organize a local council for ensuring the safety of consumers composed of Relevant Institutions for the purpose of effectively and smoothly implementing measures for Ensuring Consumer Safety in the territory of the local governments (hereinafter referred to as "Council").

②The Relevant Institutions that organize a Council pursuant to the preceding paragraph may add hospitals, educational institutions, consumer affairs support groups or consumer affairs supporters mentioned in Article 11-7, paragraph (1), and other relevant parties as the members of the Council, when such an addition is considered necessary.

①A Council is to exchange necessary information and discuss measures for Ensuring Consumer Safety, in order to achieve the aim described in the preceding Article.

②The members of a Council (referred to as "Members" in the following paragraph) are to adequately correspond with Consumers who require special care for consumer affairs, monitor the situation thereof, and take other necessary measures in order to Ensure Consumer Safety, in accordance with the results of the discussion mentioned in the preceding paragraph.

③If a Council finds it necessary to do so for exchanging information or having discussions as provided in paragraph (1), or other Members make a request regarding a Member's activities for Ensuring Consumer Safety or as provided by Cabinet Office Order, a Council may request Members to provide information on Consumers who require special care for consumer affairs, state an opinion, or cooperate as necessary.

④The general affairs of a Council are to be dealt with by the local government that constitutes the Council.

Any of those who engage or engaged in the administrative processes of a Council must not divulge confidential information learned in the course of those administrative processes.

Beyond what is provided for in the preceding three Articles, all necessary particulars for the organization and operation of a Council are to be provided by the Council.

①The heads of local governments may appoint consumer affairs support groups or consumer affairs supporters from private-sector entities or individuals that conduct activities for protecting or enhancing the interests of a Consumer.

②Consumer affairs support groups and consumer affairs supporters are to carry out the following activities:

③The heads of local governments must endeavor to hold training and take other necessary measures so that consumer affairs support groups and consumer affairs supporters will contribute to the activities set forth in the items of the preceding paragraph.

Any of the officers or personnel of consumer affairs support groups or consumer affairs supporters or those who were any of them must not divulge any confidential information learned in the course of the activities set forth in the items of paragraph (2) of the preceding Article.

The registration of a testing organization mentioned in Article 10-3, paragraph (1) (hereinafter referred to as "Registration") is to be conducted after a person planning to conduct the tasks for implementing a test (hereinafter referred to as "Testing Tasks") applies.

If a person who has applied for the Registration pursuant to the preceding Article (hereinafter referred to as "an Applicant for Registration" in paragraph (1) of the following Article) falls under one of the following items, the Prime Minister must not register the Applicant for Registration:

①If an Applicant for Registration satisfies all of the following requirements, the Prime Minister must register the Applicant for Registration. To do so, the necessary procedures for completing Registration are provided by Cabinet Office Order:

②Registration is to be completed when the following particulars are written in the registry of a Registered Testing Organization:

①A Registration becomes invalid if it is not updated within the timeframe of between five and ten years (inclusive) as provided by Cabinet Order.

②The provisions of the preceding three Articles apply mutatis mutandis to the update of a Registration as mentioned in the preceding paragraph.

①A Registered Testing Organization must produce documents regarding the management of Testing Tasks (including the protection of confidential information on the Exam and the criteria for passing the Exam) and take measures for ensuring the reliability of Testing Tasks provided by Cabinet Office Order.

②A Registered Testing Organization must hold the Exam fairly, in accordance with the procedures of the Exam mentioned in Article 10-3, paragraph (5).

When a Registered Testing Organization changes any particulars set forth in Article 11-11, paragraph (2), items (ii) to (v), the organization must notify the Prime Minister of the change at least two weeks prior to making the change.

①A Registered Testing Organization must enact regulations regarding Testing Tasks (hereinafter referred to as "Regulations for Testing Tasks"), and obtain the approval of the Prime Minister before the start of the Testing Tasks. When Regulations for Testing Tasks are to be revised, the Registered Testing Organization concerned must obtain the approval of the Prime Minister.

②Regulations for Testing Tasks must provide for the methods of implementing the Testing Tasks, measures for ensuring the reliability of the Exam, fees for taking the Exam, and other particulars provided by Cabinet Office Order.

③If the Prime Minister finds that Regulations for Testing Tasks approved in accordance with paragraph (1) have become inappropriate for holding the Exam fairly, the Prime Minister may order the Registered Testing Organization concerned to revise the Regulations for Testing Tasks.

A Registered Testing Organization must not suspend or discontinue all or part of Testing Tasks without obtaining the permission of the Prime Minister.

①A Registered Testing Organization must produce the list of assets, the balance sheet, and the profit-and-loss statement or the income and expenditure statement and business reports (including electromagnetic records (meaning records used in computer data processing, which are created in electronic form, magnetic form, or any other form that is impossible to perceive through the human senses alone; hereinafter the same applies in this Article), if any; referred to as "Financial Statements, etc." in the following paragraph and Article 57) for each fiscal year within three months after the end of the fiscal year, and store Financial Statements, etc. at the office thereof for five years.

②Examinees and other stakeholders may make any of the following requests anytime during the operating hours of a Registered Testing Organization; provided, however, that in order to make the request described in item (ii) or (iv), it is necessary to pay the fees set by the Registered Testing Organization:

①If a Registered Testing Organization appoints examiners, the organization must notify the Prime Minister of the appointment without delay. If the appointment is changed, the organization must notify the Prime Minister without delay.

②If an examiner violates this Act, the provisions of any order or administrative measures under this Act, or Regulations for Testing Tasks, or commits an extremely improper act in Testing Tasks, the Prime Minister may order the Registered Testing Organization concerned to dismiss the examiner.

③Those who were dismissed from the post of an examiner due to the order pursuant to the preceding paragraph less than two years ago may not become an examiner.

①Any of those who are or were the officers or personnel (including examiners; the same applies in the following paragraph) of a Registered Testing Organization must not divulge any confidential information learned in the course of the Testing Tasks.

②The officers or personnel of a Registered Testing Organization engaged in Testing Tasks are deemed to be officials engaged in public services pursuant to laws and regulations, for the purpose of applying the Penal Code (Act No. 45 of 1907) and other penal provisions.

If the Prime Minister finds that a Registered Testing Organization does not comply with any of the items of Article 11-11, paragraph (1), the Prime Minister may order the Registered Testing Organization to take necessary measures to comply with the provisions.

If the Prime Minister finds that a Registered Testing Organization violates the provisions of Article 11-13, the Prime Minister may order the Registered Testing Organization to take necessary measures for carrying out Testing Tasks in accordance with Article 11-13 or improving testing methods and related activities.

①If a Registered Testing Organization falls under item (i) or (iii) of Article 11-10, the Prime Minister must deregister the Registered Testing Organization.

②If a Registered Testing Organization falls under one of the following items, the Prime Minister may deregister the Registered Testing Organization or order the Registered Testing Organization to suspend all or part of its Testing Tasks while specifying a period of suspension:

A Registered Testing Organization must prepare ledgers pursuant to the provisions of Cabinet Office Order, write the particulars regarding Testing Tasks provided by Cabinet Office Order in the ledgers, and store the ledgers.

①If the Prime Minister finds it necessary to do so for ensuring the proper implementation of Testing Tasks, the Prime Minister may ask a Registered Testing Organization to make any necessary report on the situation of Testing Tasks or have the relevant officials enter the office of the Registered Testing Organization, conduct the necessary investigations or ask the necessary questions regarding the situation of Testing Tasks, equipment, ledgers, documents, and other material.

②Pursuant to the preceding paragraph, when the relevant officials enter the office, the officials must carry identification and produce it if requested by any person concerned.

③The authority under the provisions of paragraph (1) must not be construed as having been accorded for the purpose of a criminal investigation.

①After Registration, the Prime Minister must not conduct Testing Tasks.

②The Prime Minister may conduct all or part of Testing Tasks, if there are no Registered Testing Organizations, the suspension or discontinuance of all or part of Testing Tasks is permitted pursuant to the provisions of Article 11-16, Registration is cancelled pursuant to the provisions of Article 11-22, the Prime Minister orders a Registered Testing Organization to suspend all or part of Testing Tasks pursuant to the provisions of Article 11-22, paragraph (2), it becomes difficult for a Registered Testing Organization to implement all or part of Testing Tasks due to natural disaster or other reasons, or it is considered necessary.

③The succession of Testing Tasks and other necessary particulars in cases where the Prime Minister carries out all or part of Testing Tasks pursuant to the provisions of the preceding paragraph is provided by Cabinet Office Order.

In the following cases, the Prime Minister must make an announcement through the Official Gazette:

①On 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.

②On 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.

③The provisions of the preceding two paragraphs do not apply if the person that is required to notify is:

④In 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.

⑤The 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).

①The 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.

②The 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.

③The Prime Minister must disclose the results compiled pursuant to paragraph (1) to the public.

④The Prime Minister must report the results compiled pursuant to paragraph (1) to the Diet.

①If 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.

②If 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.

The Consumer Safety Investigation Commission (hereinafter referred to as "Investigation Commission") is hereby established in the Consumer Affairs Agency.

The Investigation Commission manages the administrative processes set forth in the following items:

Members of the Investigation Commission exercise their authority independently.

①The Investigation Commission comprises a maximum of seven members.

②Temporary members may be appointed to the Investigation Commission if it is necessary to appoint the members in order to have them investigate and deliberate on a particular matter.

③Expert members may be appointed to the Investigation Commission if it is necessary to appoint these members in order to have them investigate a specialized matter.

①The Prime Minister appoints members and temporary members from among persons whom it is found will be able to reach scientific and fair judgments when carrying out the administrative processes under the jurisdiction of the Investigation Commission.

②The Prime Minister appoints expert members from among persons with extensive insight into the specialized matter in question.

①A member's term of office is two years; provided, however, that the term of office of a member that has been substituted into office is the remaining term of the predecessor.

②Members may be reappointed.

③A temporary member is to be dismissed at the end of the investigation and deliberation on the particular matter with regard to which that temporary member was appointed.

④An expert member is to be dismissed at the end of the investigation into the specialized matter with regard to which that expert member was appointed.

⑤Members, temporary members, and expert members serve under part-time contracts.

①The Investigation Commission employs a chairperson, whom the members elect from among themselves.

②The chairperson presides over the affairs of the Investigation Commission and represents the Investigation Commission.

③A member designated by the chairperson in advance acts as a proxy in handling the duties of the chairperson if the chairperson is unable to attend to them.

①If the Investigation Commission finds that the chairperson or a member, temporary member, or expert member is likely to be connected to the Cause or Source of an Actual or Potential Accident Involving Bodily Harm which is subject to an Investigation or Evaluation, or finds that the person is closely related to a person with such a connection, the Investigation Commission must not allow the chairperson, member, temporary member, or expert member to engage in the Investigation or Evaluation.

②A chairperson, member, or temporary member as referred to in the preceding paragraph must not attend any meeting of the Investigation Commission concerning the relevant Investigation or Evaluation.

①If the Investigation Commission finds it to be necessary to clarify the Cause or Source of an Actual or Potential Accident Involving Bodily Harm in order to prevent instances of bodily harm from occurring or increasing (meaning to prevent instances of harm from an Actual or Potential Accident Involving Bodily Harm from increasing or to prevent the same or a similar type of Actual or Potential Accident Involving Bodily Harm from occurring; hereinafter the same applies), it is to Investigate the Cause or Source of the actual or potential accident; provided, however, that this does not apply if the necessary results have been or are expected to be obtained from an Investigation or Monitoring by Another Administrative Organ or Entity into an Actual or Potential Accident Involving Bodily Harm through which the Investigation Commission considers the Cause or Source of the actual or potential accident can be clarified with a view to Ensuring Consumer Safety.

②The Investigation Commission may take the administrative measures set forth below to the extent that doing so is necessary to allow it to Investigate the Cause or Source of an actual or potential accident:

③If the Investigation Commission finds it necessary to do so, it may have the chairperson, a member, or an expert member take the administrative measures set forth in one of the items of the preceding paragraph.

④A person taking an administrative measure set forth in paragraph (2), item (ii) pursuant to the provisions of the preceding paragraph must carry identification and show it to the Person Involved in an Actual or Potential Accident Involving Bodily Harm, upon request.

⑤The authority to take an administrative measure under paragraph (2) or paragraph (3) must not be construed as having been granted for the purpose of a criminal investigation.

①If an Actual or Potential Accident Involving Bodily Harm has occurred and the Investigation Commission finds it to be necessary to clarify the Cause or Source of an Actual or Potential Accident Involving Bodily Harm in order to prevent instances of bodily harm from occurring or increasing, it must Evaluate the results of any Investigation or Monitoring by Another Administrative Organ or Entity as provided in the proviso to paragraph (1) of the preceding Article, once these results have been obtained.

②If, as a result of the Evaluation referred to in the preceding paragraph, the Investigation Commission finds it necessary to do so with a view to Ensuring Consumer Safety, it may state its opinion to the head of the administrative organ in charge of the administrative processes involved in the Investigation or Monitoring by the Other Administrative Organ or Entity, with regard to its clarification of the Cause or Source of the Actual or Potential Accident Involving Bodily Harm.

③If, as a result of the Evaluation referred to in paragraph (1), the Investigation Commission finds it necessary to implement an investigation in order to clarify the Cause or Source of an Actual or Potential Accident Involving Bodily Harm with a view to Ensuring Consumer Safety, the Investigation Commission is to Investigate the Cause or Source of that actual or potential accident.

④The head of an administrative organ in charge of the administrative processes involved in the Investigation or Monitoring by Another Administrative Organ or Entity referred to in paragraph (1) may hear the Investigation Commission's opinions with regard to the Investigation or Monitoring by the Other Administrative Organ or Entity.

①If the Investigation Commission finds it necessary to do so in order to implement an Investigation or Evaluation, it may entrust an incorporated administrative agency as provided in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999), a general incorporated association or general incorporated foundation, an Enterprise or other private-sector entity, or a person with the relevant knowledge and experience, with part of the administrative processes for implementing the investigation or research in an Investigation or Evaluation.

②It is prohibited for a person entrusted with administrative processes pursuant to the provisions of the preceding paragraph, its officer or personnel, or a person that has held one of these positions to divulge any confidential information learned in the course of the administrative processes entrusted thereto.

③A person entrusted with administrative processes pursuant to paragraph (1), or the officer or personnel in charge of the administrative processes under entrustment, is deemed to be an official engaged in public services pursuant to laws and regulations, for the purpose of applying the Penal Code and other penal provisions.

If the Prime Minister is notified with information about the occurrence of an Actual or Potential Accident Involving Bodily Harm pursuant to Article 12, paragraph (1) or paragraph (2) or is otherwise informed of the occurrence of an Actual or Potential Accident Involving Bodily Harm, the Prime Minister must promptly report this to the Investigation Commission.

①If the Investigation Commission finds it necessary to do so in order for it to Investigate the Cause or Source of an actual or potential accident, it may ask the Prime Minister to assist it with fact finding, to assist it with collecting materials, or to provide it with any other assistance it needs in connection with an Actual or Potential Accident Involving Bodily Harm.

②If the Prime Minister finds it necessary to do so after being asked to provide assistance under provisions of the preceding paragraph, the Prime Minister may have the relevant officials take the administrative measures set forth in Article 23, paragraph (2), item (ii).

③If the Prime Minister finds it necessary to do so after learning of the occurrence of an Actual or Potential Accident Involving Bodily Harm, the Prime Minister must engage in fact finding, collect materials, or take any other appropriate measures in connection with an Actual or Potential Accident Involving Bodily Harm so that the Investigation Commission can commence an Investigation into the Cause or Source thereof smoothly.

④If the Prime Minister finds it necessary to do so in order to take a measure under the provisions of the preceding paragraph, the Prime Minister may have the relevant officials take an administrative measure set forth in one of the items of Article 23, paragraph (2).

⑤The provisions of Article 23, paragraph (4) and paragraph (5) apply mutatis mutandis if an official takes an administrative measure pursuant to the provisions of paragraph (2) or the preceding paragraph.

①Any person that considers an Investigation or Evaluation to be necessary in order to prevent instances of bodily harm from occurring or increasing may submit a filing asserting this to the Investigation Commission and ask it to implement an Investigation or Evaluation. To do so, the person must include a document that gives the details of the Actual or Potential Accident Involving Bodily Harm to which the filing pertains, details the necessity of the Investigation or Evaluation, and gives the particulars provided by Cabinet Office Order, pursuant to the provisions of Cabinet Office Order.

②Having received a filing under the preceding paragraph, the Investigation Commission must make the necessary reviews and implement an Investigation or Evaluation if it finds this necessary based on the results thereof.

③If the victim submits a filing pursuant to the provisions of paragraph (1), or if the victim has died or suffers from a serious physical or mental disorder and the victim's spouse, lineal relative, or sibling (hereinafter collectively referred to as the "Victim or Family Member" in this paragraph) submits a filing pursuant to the provisions of paragraph (1), and the filing relates to an accident as set forth in Article 2, paragraph (7), item (i) in which the filer has personally sustained an injury or contracted an illness or in which the filer's spouse, lineal relative, or sibling has died, sustained an injury, or contracted an illness, the Investigation Commission must notify the Victim or Family Member promptly if it decides to implement the Investigation or Evaluation; and if it decides not to implement an Investigation or Evaluation, it must notify the Victim or Family Member of this promptly, giving the reason therefor.

①If the Investigation Commission is informed that an Actual or Potential Serious Accident has occurred through a filing under paragraph (1) of the preceding Article, it 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.

②If the Investigation Commission is informed that an Actual or Potential Accident Involving Bodily Harm (other than an Actual or Potential Serious Accident) has occurred through a filing under paragraph (1) of the preceding Article and finds it to be likely, in light of the form of the Actual or Potential Accident Involving Bodily Harm, the characteristics of the good or product or the service involved in the Actual or Potential Accident Involving Bodily Harm, and other circumstances of the Actual or Potential Accident Involving Bodily Harm, that instances of harm from the Actual or Potential Accident Involving Bodily Harm will increase or that the same or a similar type of Actual or Potential Accident Involving Bodily Harm will occur, it must notify the Prime Minister that the Actual or Potential Accident Involving Bodily Harm has occurred, give the Prime Minister an outline of the Actual or Potential Accident Involving Bodily Harm, and notify the Prime Minister of the particulars provided by Cabinet Office Order, pursuant to the provisions of Cabinet Office Order.

③The provisions of the preceding two paragraphs do not apply if the Investigation Commission receives the filing under the provisions of paragraph (1) of the preceding Article from a person that is required to notify the Prime Minister under the provisions of Article 12, paragraph (1) or paragraph (2).

The Investigation Commission must give Persons Linked to the Cause or Source of an actual or potential accident the opportunity to express their opinions before completing the Investigation into the Cause or Source thereof.

①The Investigation Commission must compile a written report giving the following information about an Actual or Potential Accident Involving Bodily Harm, submit it to the Prime Minister, and disclose it to the public, after completing the Investigation into the Cause or Source:

②In compiling a written report as referred to in the preceding paragraph, the Investigation Commission is to add a supplementary note to the report detailing any minority opinion.

③If the Investigation Commission finds it necessary to do so because of circumstances that are expected to make it difficult to complete the Investigation into the Cause or Source of an actual or potential accident within one year from commencing it or due to any other reason, it is to report on the progression of the Investigation into the Cause or Source to the Prime Minister and disclose this to the public even before completing the Investigation into the Cause or Source.

①Once the Investigation Commission completes an Investigation or Evaluation, it may recommend that the Prime Minister create policies or take measures to prevent instances of bodily harm from occurring or increasing if it finds this necessary.

②The Prime Minister must notify the Investigation Commission of any policy created or measure taken based on a recommendation under the preceding paragraph.

If the Investigation Commission finds it necessary to do so with a view to Ensuring Consumer Safety, it may state an opinion to the Prime Minister or to the head of the relevant administrative organ with regard to the policies that should be created or the measures that should be taken to prevent instances of harm from an Actual or Potential Accident Involving Bodily Harm from increasing or to prevent the same or a similar type of Actual or Potential Accident Involving Bodily Harm from occurring.

In implementing an Investigation or Evaluation, the Investigation Commission is to remain fully considerate of the feelings of the victims and their families or survivors, and is to provide them with information about the Investigation or Evaluation in a timely and appropriate manner.

If the Investigation Commission finds it necessary to do so in order for it to perform the administrative processes under its jurisdiction, it may ask the Head of the Relevant Administrative Organ to provide materials, state an opinion, or implement any analysis or inspection necessary to clarify the Cause or Source of an actual or potential accident, or to otherwise provide it with necessary cooperation.

Anything beyond what is provided for in this Act which needs to be prescribed with regard to the Investigation Commission is provided by Cabinet Order.

No person is to be subjected to a discharge from employment or other adverse treatment on the grounds of having acted in conformity with an administrative measure under the provisions of Article 23, paragraph (2) or paragraph (3) or Article 27, paragraph (2) or paragraph (4), or on the grounds of having made a filing pursuant to the provisions of Article 28, paragraph (1).

①If, having been notified pursuant to Article 12, paragraph (1) or paragraph (2) or pursuant to Article 29, paragraph (1) or paragraph (2) or having been otherwise informed of the occurrence of an Actual or Potential Consumer-Related Incident, the Prime Minister finds it necessary to alert Consumers in order to prevent instances of harm from Actual or Potential Consumer-Related Incidents from increasing or in order to prevent the same or a similar type of Actual or Potential Consumer-Related Incident from occurring (hereinafter referred to as preventing "Instances of Harm to Consumers from Occurring or Increasing"), the Prime Minister is to provide the prefectural and municipal governments with information about the form of the Actual or Potential Consumer-Related Incident, the extent of harm from the Actual or Potential Consumer-Related Incident, and other information to help prevent Instances of Harm to Consumers from Occurring or Increasing, and is to disclose this information to the public.

②If, having been notified pursuant to Article 12, paragraph (1) or paragraph (2) or pursuant to Article 29, paragraph (1) or paragraph (2) or having been otherwise informed of the occurrence of an Actual or Potential Consumer-Related Incident, the Prime Minister finds it to be appropriate to do so in order to prevent Instances of Harm to Consumers from Occurring or Increasing, the Prime Minister may provide the Head of the Relevant Administrative Organ with information to help prevent Instances of Harm to Consumers from Occurring or Increasing.

③If the Prime Minister discloses information to the public pursuant to paragraph (1), beyond asking that measures be taken pursuant to Article 44, paragraph (1) of the Act on the National Consumer Affairs Center of Japan, Independent Administrative Agency (Act No. 123 of 2002), the Prime Minister may ask the National Consumer Affairs Center of Japan to take the necessary measures to provide Consumers with the information to help prevent Instances of Harm to Consumers from Occurring or Increasing which is referred to in paragraph (1).

④The provisions of Article 44, paragraph (2) of the Act on the National Consumer Affairs Center of Japan, Independent Administrative Agency apply mutatis mutandis to a case as referred to in the preceding paragraph.

①If there are measures based on any other law that can be taken to prevent Instances of Harm to Consumers from Occurring or Increasing, and if, having been notified pursuant to Article 12, paragraph (1) or paragraph (2) or pursuant to Article 29, paragraph (1) or paragraph (2) or having been otherwise informed of the occurrence of an Actual or Potential Consumer-Related Incident, the Prime Minister finds it to be necessary to promptly implement those measures in order to prevent Instances of Harm to Consumers from Occurring or Increasing, the Prime Minister may ask the minister with jurisdiction over the administrative processes involved in the implementation of those measures to promptly implement those measures.

②After asking for the prompt implementation of measures pursuant to the preceding paragraph, the Prime Minister may ask the minister referred to in that paragraph to report on the status of the measures' implementation.

①If an Actual or Potential Serious Accident occurs because a good or product or a service is not Safe to Use (except when there are measures based on the provisions of any other law that can be taken to prevent instances of harm from Actual or Potential Serious Accidents from increasing or to prevent Actual or Potential Serious Accidents with the same cause from occurring (hereinafter referred to as "Instances of Serious Bodily Harm from Occurring or Increasing")), and the Prime Minister finds it necessary to do so in order to prevent Instances of Serious Bodily Harm from Occurring or Increasing, the Prime Minister may admonish an Enterprise that supplies or provides the good or product (including any good or product sharing the part, manufacturing method, or other feature that caused the relevant good or product not to be Safe to Use; hereinafter the same applies in this paragraph) or the service, or that allows Consumers to use it, to effect the necessary servicing, repairs, remodeling, labeling for safe methods of use, or improvements in the way the service is provided, and to take any other necessary measures with respect to the good or product or the service.

②If an Enterprise that has been issued an admonishment under the preceding paragraph fails to take the measures as admonished, is without a legitimate reason for failing to do so, and the Prime Minister finds it particularly necessary in order to prevent Instances of Serious Bodily Harm from Occurring or Increasing, the Prime Minister may order the Enterprise to take the measures as admonished.

③If the Prime Minister finds that an order as referred to in the preceding paragraph is no longer necessary because it has become possible to take measures based on the provisions of any other law so as to prevent Instances of Serious Bodily Harm from Occurring or Increasing or due to any other circumstances, the Prime Minister is to change or rescind the order under that paragraph.

④If Circumstances Financially Damaging to a Great Number of Consumers occur (except when there are measures based on the provisions of any other law that can be taken to prevent instances of harm from the Circumstances Financially Damaging to a Great Number of Consumers from increasing or to prevent the same or a similar type of Circumstances Financially Damaging to a Great Number of Consumers from occurring (hereinafter referred to as "Instances of Harm from Circumstances That Are Financially Damaging to a Great Number of Consumers from Occurring or Increasing" in this Article)) and the Prime Minister finds it necessary to do so in order to prevent Instances of Harm from Circumstances That Are Financially Damaging to a Great Number of Consumers from Occurring or Increasing, the Prime Minister may admonish the Enterprise that caused the Circumstances Financially Damaging to a Great Number of Consumers to occur to cease and desist the unfair dealings that are prejudicial to the financial interests of the Consumer or to take other necessary measures.

⑤If an Enterprise that has been issued an admonishment pursuant to the provisions of the preceding paragraph fails to take the measures as admonished, is without a legitimate reason for failing to do so, and the Prime Minister finds it particularly necessary in order to prevent Instances of Harm from Circumstances That Are Financially Damaging to a Great Number of Consumers from Occurring or Increasing, the Prime Minister may order the Enterprise to take the measures as admonished.

⑥If the Prime Minister finds that an order as referred to in the preceding paragraph is no longer necessary because it has become possible to take measures based on the provisions of any other law so as to prevent Instances of Harm from Circumstances That Are Financially Damaging to a Great Number of Consumers from Occurring or Increasing or due to any other circumstances, the Prime Minister is to change or rescind the order under that paragraph.

⑦Before issuing an order under the provisions of paragraph (2) or paragraph (5) or changing or rescinding an order under the provisions of paragraph (3) or the preceding paragraph, the Prime Minister must hear the opinions of the Consumer Commission.

⑧Upon issuing an order under paragraph (2) or paragraph (5) or changing or rescinding an order under paragraph (3) or paragraph (6), the Prime Minister must disclose this to the public.

①If an Actual or Potential Serious Accident has occurred because a good or product is not Safe to Use, and there is imminent danger of instances of harm from that Actual or Potential Serious Accident increasing or imminent danger of an Actual or Potential Serious Accident with the same cause occurring (except when there are measures based on the provisions of any other law that can be taken to prevent Instances of Serious Bodily Harm from Occurring or Increasing), and the Prime Minister finds it particularly necessary to do so in order to prevent Instances of Serious Bodily Harm from Occurring or Increasing, the Prime Minister may designate a period of up to six months in which persons are prohibited or restricted from transferring or delivering the good or product (including any good or product sharing the part, manufacturing method, or other feature that caused the relevant good or product not to be Safe to Use) or using it in their services as their business or to further their business, within the necessary limits.

②If the Prime Minister finds that the prohibition or restriction referred to in the preceding paragraph is no longer necessary because it has become possible to take measures based on the provisions of any other law so as to prevent Instances of Serious Bodily Harm from Occurring or Increasing or due to other circumstances, the Prime Minister is to cancel all or part of the prohibition or restriction under that paragraph.

③Before implementing a prohibition or restriction under paragraph (1) or cancelling all or part of a prohibition or restriction under the preceding paragraph, the Prime Minister must hear the opinions of the Consumer Commission.

④A prohibition or restriction under paragraph (1), or the cancellation of all or part of a prohibition or restriction under paragraph (2) is implemented through the issuance of public notice in the Official Gazette, pursuant to the provisions of Cabinet Office Order.

If an Enterprise violates a prohibition or restriction under the provisions of paragraph (1) of the preceding Article, the Prime Minister may order the Enterprise to recall the goods or products it has transferred or delivered in violation of the prohibition or restriction, and to take any other measures that are necessary to prevent the relevant good or product from causing Instances of Serious Bodily Harm from Occurring or Increasing.

①If the Consumer Commission finds it necessary to do so in light of information it has obtained from a Consumer or Enterprise, the head of a relevant administrative organ, or another party, or in light of other information about an Actual or Potential Consumer-Related Incident, it may make the necessary recommendations to the Prime Minister for preventing Instances of Harm to Consumers from Occurring or Increasing.

②After making a recommendation pursuant to the provisions of the preceding paragraph, the Consumer Commission may ask the Prime Minister to report on the measures taken based on the recommendation.

①If a prefectural governor finds it necessary to do so in order to prevent Instances of Harm to Consumers from Occurring or Increasing within the prefectural territory, the governor may request that the Prime Minister implement the necessary measures to Ensure Consumer Safety. To do so, the prefectural governor must include a document that gives the details of and reasons for the measures being requested.

②If the Prime Minister receives a request under the provisions of the preceding paragraph (hereinafter referred to as a "Request for Measures" in this Article) but there are measures based on the provisions of any other law that can be taken to prevent Instances of Harm to Consumers from Occurring or Increasing, the Prime Minister must pass along the document referred to in the preceding paragraph to the minister with jurisdiction over the administrative processes involved in the implementation of those measures.

③The minister to whom a document is passed along pursuant to the provisions of the preceding paragraph must notify the Prime Minister without delay upon deciding to implement measures that put into effect all or part of the substance of the measures requested in the Request for Measures; and must notify the Prime Minister without delay and give the reasons therefor upon deciding that it is unnecessary to implement measures that put into effect all or part of the substance of the measures requested in the Request for Measures.

④On being notified pursuant to the provisions of the preceding paragraph, the Prime Minister must notify the prefectural governor making the Request for Measures of the substance of the notification without delay.

①The Prime Minister, within the scope that is necessary for the enforcement of this Act, may ask an Enterprise to make any necessary report, and may have the relevant officials enter the office, place of business, or other place at which an Enterprise does business; have those officials conduct the necessary investigations or ask the necessary questions; or collect objects that an Enterprise supplies within the scope of what is necessary for an investigation; provided, however, that the market value must be paid for any objects the Prime Minister has the officials collect.

②The provisions of Article 11-24, paragraphs (2) and (3) apply mutatis mutandis to the case as referred to in the preceding paragraph.