Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding three months 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.

①A person who, at the time of enforcement of the provisions listed in item (iii) of the preceding Article, has been designated by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 14, paragraph (1) or Article 15, paragraphs (1) through (3) of the Food Sanitation Act prior to amendment by the provisions of Article 2 (referred to as the "Former Food Sanitation Act" in the following Article through Article 5 of the Supplementary Provisions) is deemed to be a registered conformity assessment body that has obtained a registration from the Minister of Health, Labour and Welfare pursuant to the provisions of Article 33, paragraph (1) of the Food Sanitation Act after amendment by the provisions of Article 2 (hereinafter referred to in this Article, the following Article, Article 5, Article 10, paragraph (3), item (i), and Article 11 of the Supplementary Provisions as the "New Food Sanitation Act").

②A person deemed to be a registered conformity assessment body pursuant to the provisions of the preceding paragraph must file an application for the approval referred to in Article 37, paragraph (1) of the New Food Sanitation Act within three months after the date of enforcement of the provisions listed in item (iii) of the preceding Article.

③A person referred to in the preceding paragraph may conduct the inspections under Article 25, paragraph (1) or Article 26, paragraphs (1) through (3) of the New Food Sanitation Act under the previous conditions, from the date of enforcement of the amending provisions listed in item (iii) of the preceding Article until a disposition is made on the approval based on the application under the preceding paragraph.

A corporation in which a person who, before the enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions, was dismissed by an order under the provisions of Article 19-10 of the Former Food Sanitation Act from the position of officer of a designated inspection body or of a person prescribed in Article 19-4, item (ii) of the Former Food Sanitation Act, and for whom two years have not passed since the date of dismissal, has become an officer engaged in its business is deemed, notwithstanding the provisions of Article 32 of the New Food Sanitation Act, to be a corporation falling under Article 32, item (i) of the New Food Sanitation Act for the purpose of the application of that Article and Article 43 of the New Food Sanitation Act.

With regard to a disposition of passing or failing in respect of an application for an inspection under Article 14, paragraph (1) or Article 15, paragraphs (1) through (3) of the Former Food Sanitation Act that was filed before the enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions and for which a disposition of passing or failing has not been made at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions, the provisions then in force continue to govern.

A training facility or training session that, at the time of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions, has been designated by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 19-17, paragraph (6), item (iii) or (iv) of the Former Food Sanitation Act is deemed to be a training facility or training session that has obtained a registration from the Minister of Health, Labour and Welfare pursuant to the provisions of Article 48, paragraph (6), item (iii) or (iv) of the New Food Sanitation Act.

With regard to dispositions, procedures, and other acts done, before this Act (for the provisions listed in the items of Article 1 of the Supplementary Provisions, those respective provisions; the same applies in Article 12 of the Supplementary Provisions) comes into effect, under the provisions of the respective Acts prior to amendment (including orders based on them; the same applies hereinafter in this Article), those for which there are corresponding provisions in the respective Acts after amendment are, except as otherwise provided in these Supplementary Provisions, deemed to have been done under the corresponding provisions of the respective Acts after amendment.

①The Minister of Health, Labour and Welfare may, even before the date on which this Act comes into effect, when intending to establish the guidelines prescribed in Article 13-2, paragraph (1) of the Food Sanitation Act after amendment by the provisions of Article 1 and when intending to establish the imported food monitoring and guidance plan prescribed in Article 13-3, paragraph (1) of that Act, publicize the purpose, content, and other necessary matters and broadly seek the opinions of the public.

②The Minister of Health, Labour and Welfare may, even before the date on which this Act comes into effect, when intending to delete the name of an additive from the list of existing additives pursuant to the provisions of Article 2-2, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Food Sanitation Act and the Nutrition Improvement Act after amendment by the provisions of Article 9, publicize the purpose, content, 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 date of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions, in the following cases, publicize the purpose, content, and other necessary matters and broadly seek the opinions of the public, or hear the opinions of the Food Safety Commission:

④The Minister of Health, Labour and Welfare may, even before the date of enforcement of the provisions listed in Article 1, item (v) of the Supplementary Provisions, when intending to establish the substances that are clearly not likely to harm human health and the amounts not likely to harm human health pursuant to the provisions of Article 11, paragraph (3) of the Food Sanitation Act after amendment by the provisions of Article 3, publicize the purpose, content, 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.

The procedures for the registration under the provisions of Article 33, paragraph (1) of the New Food Sanitation Act, the approval of the amount of fees under the provisions of Article 25, paragraph (2) and Article 26, paragraph (6) of the New Food Sanitation Act, the approval of operational rules under the provisions of Article 37, paragraph (1) of the New Food Sanitation Act, the registration under the provisions of Article 48, paragraph (6), items (iii) and (iv) of the New Food Sanitation Act, and the registration under the provisions of Article 12, paragraph (5), items (iii) and (iv) of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act after amendment by the provisions of Article 8 may be carried out even before the date of enforcement of the provisions listed in Article 1, item (iii) of the Supplementary Provisions.

With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force continue to govern.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary incidental to the enforcement of this Act are specified by Cabinet Order.

When five years pass after this Act comes into effect, and the government finds it to be necessary in consideration of the status of enforcement of this Act, the government is to review the provisions of this Act, and take necessary measures based on the results of the review.