The Minister of Health, Labour and Welfare is to establish criteria for the following matters related to the sanitary management of facilities for business (excluding businesses that manufacture apparatus, or containers and packages and businesses of poultry slaughtering defined in Article 2, item (v) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act (referred to as "poultry slaughtering businesses" in Article 54 and Article 57, paragraph (1))) and other necessary measures for public health (referred to as "measures necessary for public health" below in this Article) under Order of the Ministry of Health, Labour and Welfare:
matters concerning the maintenance of cleanliness and extermination of rats and insects of the interior and exterior of the facilities, and other general sanitation management;
施設の内外の清潔保持、ねずみ及び昆虫の駆除その他一般的な衛生管理に関すること。
matters concerning initiatives to control processes that are particularly important for preventing food sanitation hazards (for a small scale business operator (excluding a business operator that manufactures apparatus, or containers and packages, and a poultry slaughterer prescribed in Article 6, paragraph (1) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act; the same applies in the following paragraph) and other business operators specified by Cabinet Order, initiatives in accordance with the characteristics of the food handled by the business operator).
A business operator must establish the necessary measures for public health in compliance with the criteria established pursuant to the provisions of the preceding paragraph and pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, and comply with those measures.
営業者は、前項の規定により定められた基準に従い、厚生労働省令で定めるところにより公衆衛生上必要な措置を定め、これを遵守しなければならない。
The prefectural governor, etc. may establish necessary provisions on necessary measures for public health by Prefectural or Municipal Ordinance, provided that the provisions do not violate the criteria established pursuant to the provisions of paragraph (1).
都道府県知事等は、公衆衛生上必要な措置について、第一項の規定により定められた基準に反しない限り、条例で必要な規定を定めることができる。
Read this with the articles around it
food
「食品」
All food and drink, except the pharmaceutical products, quasi-pharmaceutical products and regenerative medicine products defined in the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices.
Defined inArticle 4, paragraph (1)· applies throughout the law
apparatus
「器具」
Tableware, kitchen utensils and other machines, equipment and articles that are used in collecting, producing, processing, cooking, storing, transporting, displaying, handing over or consuming food or additives and that touch the food or additives directly; those used to harvest food in farming and fisheries are not included.
Defined inArticle 4, paragraph (4)· applies throughout the law
containers and packages
「容器包装」
Anything that holds or wraps food or additives and is handed over with them, as it is, when the food or additives change hands.
Defined inArticle 4, paragraph (5)· applies throughout the law
business
「営業」
Collecting, producing, importing, processing, cooking, storing, transporting or selling food or additives, or making, importing or selling apparatus or containers and packages, as a trade; collecting food in farming and fisheries is not included.
Defined inArticle 4, paragraph (7)· applies throughout the law
business operator
「営業者」
A person or corporation that runs a business (営業) as this Act defines it: collecting, producing, importing, processing, cooking, storing, transporting or selling food or additives, or making, importing or selling apparatus or containers and packages, as a trade.
Defined inArticle 4, paragraph (8)· applies throughout the law
prefectural governor, etc.
「都道府県知事等」
A prefectural governor, the mayor of a city with a public health center (保健所を設置する市), or the mayor of a special ward (特別区).
Short name set inArticle 8, paragraph (1)
measures necessary for public health
「公衆衛生上必要な措置」
In Article 51, the sanitary management of business facilities and the other measures needed for public health, for which the Minister of Health, Labour and Welfare sets standards by Order of the Ministry of Health, Labour and Welfare (厚生労働省令) on general hygiene, such as keeping premises clean and getting rid of rats and insects, and on controlling the steps most important to preventing food sanitation hazards; it covers every business except making apparatus or containers and packages and poultry slaughtering businesses.
Short name set inArticle 51, paragraph (1)· applies only in this article
poultry slaughtering businesses
「食鳥処理の事業」
A poultry slaughtering business as defined in Article 2, item (v) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act, which Articles 51, 54 and 57, paragraph (1) leave out of the businesses they cover.
Short name set inArticle 51, paragraph (1)· applies only in this provision and in Article 54; and Article 57, paragraph (1)
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.