Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding two years from the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items.

The provisions of Article 11, paragraph (1) of the Food Sanitation Act as amended by the provisions of Article 1 (excluding the amending provisions set forth in item (ii) of the preceding Article; the same applies in the following Article) (hereinafter referred to as the "New Food Sanitation Act") do not apply for one year counting from the day on which this Act comes into effect (hereinafter referred to as the "Effective Date"). In this case, a person who imports food or additives specified by Order of the Ministry of Health, Labour and Welfare as referred to in that paragraph for use in sale (meaning sale as defined in Article 5 of the Food Sanitation Act; the same applies in Article 4 of the Supplementary Provisions) must endeavor to import food (meaning food as defined in Article 4, paragraph (1) of that Act; the same applies in the following Article) or additives (meaning additives as defined in Article 4, paragraph (2) of that Act) produced or processed in a country, region or facility specified by the Minister of Health, Labour and Welfare as referred to in that paragraph.

With regard to the production or processing of food through the comprehensive sanitation management production process prescribed in Article 13, paragraph (1) of the Food Sanitation Act prior to amendment by the provisions of Article 1 (hereinafter in this Article and Article 5 of the Supplementary Provisions referred to as the "Former Food Sanitation Act") that is actually covered by approval under that paragraph at the time this Act comes into effect, the provisions then in force continue to govern until the date of expiry of the valid period of that approval (meaning the valid period prescribed in Article 14, paragraph (1) of the Former Food Sanitation Act). In this case, the phrase "Article 11, paragraph (1)" in Article 13, paragraph (6) of the Former Food Sanitation Act is deemed to be replaced with "Article 13, paragraph (1) of the Food Sanitation Act as amended by the provisions of Article 1 of the Act Partially Amending the Food Sanitation Act, etc. (Act No. 46 of 2018)".

With regard to apparatus (meaning apparatus as defined in Article 4, paragraph (4) of the Food Sanitation Act) and containers and packages (meaning containers and packages as defined in Article 4, paragraph (5) of that Act) that, at the time this Act comes into effect, are actually being sold, produced or imported for use in sale, or used in business (meaning business as defined in Article 4, paragraph (7) of that Act), the provisions of Article 18, paragraph (3) and Article 50-4 of the New Food Sanitation Act (on or after the day on which the provisions of Article 2 come into effect (hereinafter referred to as the "item (iii) Effective Date"), Article 53 of the Food Sanitation Act as amended by the provisions of Article 2 (hereinafter referred to as the "item (iii) New Food Sanitation Act")) do not apply.

For one year counting from the Effective Date, the measures necessary for public health prescribed in Article 50-2, paragraph (2) of the New Food Sanitation Act (on or after the item (iii) Effective Date, Article 51, paragraph (2) of the item (iii) New Food Sanitation Act) are to follow the standards established pursuant to Article 50, paragraph (2) of the Former Food Sanitation Act.

A person who, at the time the provisions of Article 2 come into effect, is actually engaged in business for which notification must be made pursuant to Article 57, paragraph (1) of the item (iii) New Food Sanitation Act (meaning business as prescribed in that paragraph; the same applies in the following Article) must, notwithstanding that paragraph, make the notification pursuant to that paragraph by the day on which six months elapse from the item (iii) Effective Date.

A person who intends to engage in business may, even before the item (iii) Effective Date, make notification to the prefectural governor (in the case of a city specified by Cabinet Order under Article 5, paragraph (1) of the Community Health Act (Act No. 101 of 1947) or a special ward, the mayor or ward mayor), in accordance with the provisions of Article 57, paragraph (1) of the item (iii) New Food Sanitation Act. In this case, a person who has made that notification is deemed to have made the notification pursuant to Article 57, paragraph (1) of the item (iii) New Food Sanitation Act on the item (iii) Effective Date.

Dispositions, procedures and other acts carried out pursuant to the provisions of each Act prior to amendment (including orders based on them; the same applies hereinafter in this Article) before this Act (for the provisions set forth in Article 1, item (iii) of the Supplementary Provisions, those provisions; the same applies in Article 12 of the Supplementary Provisions) comes into effect, for which there are equivalent provisions in each Act as amended, are, except as otherwise provided in these Supplementary Provisions, deemed to be dispositions, procedures and other acts carried out pursuant to the equivalent provisions of each Act as amended.

①The Minister of Health, Labour and Welfare may, even before the Effective Date, in the following cases, publicize the purport, contents and other necessary matters, and broadly seek the opinions of the public, or hear the opinions of the Food Safety Commission:

②The Minister of Health, Labour and Welfare may, even before the Effective Date, when intending to designate designated ingredients, etc. prescribed in Article 8, paragraph (1) of the New Food Sanitation Act pursuant to that paragraph, or to establish the quantity unlikely to harm human health prescribed in the proviso to Article 18, paragraph (3) of the New Food Sanitation Act, publicize the purport, contents and other necessary matters, and broadly seek the opinions of the public, or hear the opinions of the Food Safety Commission or the Pharmaceutical Affairs and Food Sanitation Council.

③The Minister of Health, Labour and Welfare may, even before the item (iii) Effective Date, when intending to establish the Order of the Ministry of Health, Labour and Welfare under Article 54 of the item (iii) New Food Sanitation Act, publicize the purport, contents and other necessary matters, or broadly seek the opinions of the public.

The provisions then in force continue to govern the application of penal provisions to acts committed before this Act comes into effect and to acts committed after this Act comes into effect in the cases provided for in Articles 5 through 7 of the Supplementary Provisions.

Beyond what is prescribed in Article 2 of the Supplementary Provisions through the preceding Article, Cabinet Order provides for the necessary transitional measures associated with bringing this Act into force (including transitional measures for penal provisions).

The government is to, with five years after this Act comes into effect as a target, review the provisions of the respective laws as amended by this Act, taking into consideration the state of their enforcement and other conditions, and if it finds it necessary, take necessary measures based on the results.