Chapter VII Inspections
第七章 検査
第二十五条
Food or additives for which standards have been established pursuant to the provisions of Article 13, paragraph (1), or apparatus, or containers and packages for which standards have been established pursuant to the provisions of Article 18, paragraph (1), which are specified by Cabinet Order, must not be sold, displayed for the purpose of selling, or used for business, unless they have undergone an inspection by the Minister of Health, Labour and Welfare, a prefectural governor, or a registered conformity assessment body, in accordance with the classification specified by Cabinet Order and are attached with the labeling specified by Order of the Ministry of Health, Labour and Welfare certifying that they have passed the inspection.
A person who intends to undergo an inspection conducted by the Minister of Health, Labour and Welfare or a registered conformity assessment body under the provisions of the preceding paragraph must pay a fee specified by the Minister in consideration of the actual costs required for the inspections for an inspection conducted by the Minister, and must pay a fee specified by the registered conformity assessment body by obtaining approval from the Minister in consideration of the actual costs required for the inspection for the inspection conducted by a registered conformity assessment body.
The fees referred to in the preceding paragraph to be paid by a person who intends to undergo an inspection by the Minister of Health, Labour and Welfare will be the national treasury's income and those to be paid by a person who intends to undergo an inspection by a registered conformity assessment body will be the registered conformity assessment body's income.
Beyond what is provided for in the preceding three paragraphs, the necessary matters for the inspection referred to in paragraph (1) and the measures to be taken after passing the inspection are specified by Cabinet Order.
A request for examination may not be made for the results of the inspection referred to in paragraph (1).
第一項の検査の結果については、審査請求をすることができない。
第二十六条
When a prefectural governor discovers food, additives, apparatus, or containers and packages stated in the following items, and finds that the food, additives, apparatus, or containers and packages that the person produced or processed are likely to continue to fall under those stated in the following items in view of the capability, etc. for conducting inspections of the person who produced or processed them and necessary for preventing occurrence of food sanitation hazards, the prefectural governor may order that the person should undergo an inspection by the prefectural governor or a registered conformity assessment body on the food, additives, apparatus, or containers and packages, in accordance with the requirements and procedures specified by Cabinet Order:
food or additives that do not conform to the standards established pursuant to the provisions of Article 13, paragraph (1);
food for which additives are used in a method that does not conform to the criteria established pursuant to the provisions of Article 13, paragraph (1);
food prescribed in Article 13, paragraph (3);
apparatus, or containers and packages prescribed in Article 16;
apparatus, or containers and packages that do not conform to standards established pursuant to the provisions of Article 18, paragraph (1); and
apparatus, or containers and packages violating Article 18, paragraph (3).
When the Minister of Health, Labour and Welfare finds it necessary for preventing the occurrence of food sanitation hazards, the Minister may order a person who imports food, additives, apparatus, or containers and packages that are the same type as those produced or processed by a person who has produced or processed food, additives, apparatus, or containers and packages stated in each item of the preceding paragraph or food prescribed in Article 12 to undergo an inspection conducted by the Minister or a registered conformity assessment body on the food, additives, apparatus, or containers and packages.
When the Minister of Health, Labour and Welfare finds it necessary for preventing the occurrence of food sanitation hazards, the Minister may order a person who imports food, additives, apparatus, or containers and packages that are found to be likely to fall under food, additives, apparatus, or containers and packages stated in each item of paragraph (1) or food prescribed in Article 12, in view of circumstances at production sites and other circumstances to undergo an inspection conducted by the Minister or a registered conformity assessment body on the food, additives, apparatus, or containers and packages.
A person who has received the order referred to in the preceding three paragraphs must not sell the food, additives, apparatus, or containers and packages, display them for the purpose of selling, or use them for business until after the person has undergone the inspection and has received the notice of the results of the inspection.
The notice referred to in the preceding paragraph which is given by a registered conformity assessment body is to be given through the prefectural governor or the Minister of Health, Labour and Welfare who has ordered that the person should undergo the inspection.
A person who intends to undergo an inspection conducted by the Minister of Health, Labour and Welfare or a registered conformity assessment body under the provisions of paragraphs (1) through (3), must pay a fee specified by the Minister in consideration of the actual costs of the inspections for an inspection conducted by the Minister, and must pay a fee specified by the registered conformity assessment body by obtaining an approval from the Minister in consideration of the actual costs of the inspections for an inspection conducted by a registered conformity assessment body.
第一項から第三項までの規定による厚生労働大臣又は登録検査機関の行う検査を受けようとする者は、検査に要する実費の額を考慮して、厚生労働大臣の行う検査にあつては厚生労働大臣が定める額の、登録検査機関の行う検査にあつては当該登録検査機関が厚生労働大臣の認可を受けて定める額の手数料を納めなければならない。
The provisions of paragraphs (3) through (5) of the preceding Article apply mutatis mutandis to inspections referred to in paragraphs (1) through (3).
前条第三項から第五項までの規定は、第一項から第三項までの検査について準用する。
第二十七条
A person who intends to import food, additives, apparatus, or containers and packages for the purpose of selling or to use for business must notify the Minister of Health, Labour and Welfare each time they import the articles pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
第二十八条
When the Minister of Health, Labour and Welfare, the Prime Minister, or a prefectural governor, etc. finds it necessary, they may request a business operator or other relevant persons to make the necessary report, have their officials conduct an inspection of the place of business, office, warehouse, and other places, inspect food, additives, apparatus, or containers and packages to be used for selling or used for business, business facilities, books and documents, and other objects, or have the officials collect and remove food, additives, apparatus, or containers and packages to be used for selling or used for business, to the extent necessary for using them for testing, without compensation for the food, additives, apparatus, or containers and packages.
When having officials conduct on-site inspection, or collect and remove objects pursuant to the provisions of the preceding paragraph, the Minister of Health, Labour and Welfare, the Prime Minister, or the prefectural governor, etc. must have the officials carry their identification card, and, present it when requested by the relevant persons.
前項の規定により当該職員に臨検検査又は収去をさせる場合においては、これにその身分を示す証票を携帯させ、かつ、関係者の請求があるときは、これを提示させなければならない。
The authority under the provisions of paragraph (1) must not be construed as having been granted for the purpose of a criminal investigation.
第一項の規定による権限は、犯罪捜査のために認められたものと解釈してはならない。
The Minister of Health, Labour and Welfare, the Prime Minister, or a prefectural governor, etc. may entrust the affairs concerning the testing of food, additives, apparatus, or containers and packages that have been collected and removed pursuant to the provisions of paragraph (1) to a registered conformity assessment body.
第二十九条
The national government and prefectures must establish necessary facilities for inspections to conduct the affairs concerning the inspections referred to in Article 25, paragraph (1) or Article 26, paragraphs (1) through (3) (referred to below as "product inspections") and the testing of food, additives, apparatus, or containers and packages that have been collected and removed pursuant to the provisions of paragraph (1) of the preceding Article.
Cities with public health centers and special wards must establish necessary facilities for inspections to conduct the affairs concerning the testing of food, additives, apparatus, or containers and packages that have been collected and removed pursuant to the provisions of paragraph (1) of the preceding Article.
The necessary matters for food sanitation inspection facilities of prefectures, etc. are specified by Cabinet Order.
都道府県等の食品衛生検査施設に関し必要な事項は、政令で定める。
第三十条
The Minister of Health, Labour and Welfare, the Prime Minister, or a prefectural governor, etc. is to appoint food sanitation inspectors from among their officials to have those officials enforce the authority prescribed in Article 28, paragraph (1) and perform the duties of providing guidance on food sanitation.
A prefectural governor, etc. must have food sanitation inspectors they have appointed implement monitoring and guidance pursuant to the provisions of the prefectural plan for monitoring and guidance of food sanitation.
都道府県知事等は、都道府県等食品衛生監視指導計画の定めるところにより、その命じた食品衛生監視員に監視指導を行わせなければならない。
The Prime Minister is to have food sanitation inspectors appointed by the Prime Minister implement monitoring and guidance related to the labeling or advertising of food, additives, apparatus, and containers and packages, in accordance with the guidelines.
The Minister of Health, Labour and Welfare is to have food sanitation inspectors appointed by the Minister of Health, Labour and Welfare implement monitoring and guidance related to the import of food, additives, apparatus, and containers and packages, as provided for in the imported food monitoring and guidance plan.
Beyond what is provided for in the preceding paragraphs, the qualifications of food sanitation inspectors and other necessary matters concerning food sanitation inspectors are specified by Cabinet Order.
前各項に定めるもののほか、食品衛生監視員の資格その他食品衛生監視員に関し必要な事項は、政令で定める。
cities with public health centers
「保健所を設置する市」
A city that a Cabinet Order (政令) under Article 5, paragraph (1) of the Community Health Act names as one that sets up its own public health center (保健所); it shares the duties this Act gives prefectures, and in the articles Article 76 lists its mayor acts in place of the prefectural governor.
Short name set inArticle 2, paragraph (1)
prefectures, etc.
「都道府県等」
A prefecture, a city with a public health center (保健所を設置する市) or a special ward (特別区).
Short name set inArticle 2, paragraph (3)
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
additives
「添加物」
A substance used in or on food, by adding, mixing, soaking or any other method, in the course of producing food or to process or preserve it.
Defined inArticle 4, paragraph (2)· 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
food sanitation
「食品衛生」
Hygiene in eating and drinking, as it concerns food, additives, apparatus and containers and packages.
Defined inArticle 4, paragraph (6)· 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
registered conformity assessment body
「登録検査機関」
A corporation registered by the Minister of Health, Labour and Welfare under Article 33, paragraph (1) as a body that carries out product inspections (製品検査).
Defined inArticle 4, paragraph (9)· 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)
monitoring and guidance
「監視指導」
The monitoring or guidance concerning food sanitation that the national government and prefectures, etc. carry out, which Article 21-2 requires them to coordinate so that it is done comprehensively and promptly.
Short name set inArticle 21-2, paragraph (1)
guidelines
「指針」
The guidelines the Minister of Health, Labour and Welfare and the Prime Minister set under Article 22 for the monitoring and guidance (監視指導) the national government and prefectures, etc. carry out, on which their yearly monitoring and guidance plans are based.
Short name set inArticle 22, paragraph (1)
imported food monitoring and guidance plan
「輸入食品監視指導計画」
The plan the Minister of Health, Labour and Welfare sets each fiscal year, based on the guidelines (指針), for the monitoring and guidance (監視指導) the national government will carry out on imports of food, additives, apparatus and containers and packages in the following fiscal year.
Short name set inArticle 23, paragraph (1)
prefectural plan for monitoring and guidance of food sanitationmachine translation
「都道府県等食品衛生監視指導計画」
The plan a prefectural governor, etc. (都道府県知事等) sets each fiscal year, based on the guidelines (指針), for the monitoring and guidance (監視指導) their prefecture, city or special ward will carry out in the following fiscal year.
Short name set inArticle 24, paragraph (1)
product inspections
「製品検査」
The inspections by the Minister of Health, Labour and Welfare, a prefectural governor or a registered conformity assessment body (登録検査機関) that certain food, additives, apparatus and containers and packages a Cabinet Order (政令) names must pass before they are sold or used in business (Article 25, paragraph (1)), or that may be ordered for products likely to break the rules: further products of a maker whose product was found in breach, imports of the same kind of products made by such a maker, or imports that the conditions where they are produced make likely to be in breach (Article 26, paragraphs (1) to (3)).
Short name set inArticle 29, paragraph (1)
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.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.