The objective of this law is to contribute to the enhancement of agricultural production capacity and health of the citizens of the state by maintaining fertilizer quality, etc., and to ensure fair trade in, and safe soil application of, fertilizers through the establishment of standards, registration, inspection, and other measures.
(2) OUTLINE OF THE LAW AND SYSTEM
Fertilizer is classified into two types: "special fertilizers" and "ordinary fertilizers" (Article 2). "Special fertilizers" including rice bran and compost designated by Minister of Agriculture, Forestry and Fisheries, for which notification must be made at the time of production or importation (Articles 2 and 22). "Ordinary fertilizers" are those that are not special fertilizers, for which registration or notification is required upon production or importation (Articles 2, 4 and 16-2).
Official standards have been prescribed for ordinary fertilizers. The official standards define for each type of fertilizer the minimum or maximum amount of main components to be included, the maximum amount allowed for components harmful to plants to be contained, along with other restrictions (particle size and ingredients) as deemed necessary. This ensures the quality and safety of fertilizers (Article 3).
In addition, there is a group of fertilizers within ordinary fertilizers designated as "specified ordinary fertilizers." Designated by a cabinet order, these specified ordinary fertilizers are the ones whose toxic ingredient remains in agricultural products, thereby in some uses could lead to harm in human or animal health (Paragraph 1.4 of Article 4 and Article 5).
Guarantee labels must be attached to ordinary fertilizers to provide information on quality, etc. to consumers and to ensure fair trade. The guarantee labels must carry a guaranteed nutrient content, name of the producer and other relevant information (Articles 17 and 18).
Since consumers have extreme difficulty distinguishing the quality of compost, etc at the time of purchase, it is especially necessary to distinguish the quality in utilization. For compost, etc, standards for matters to be labeled concerning the quality shall be prescribed and labeled in order to promote the rationalization of labeling concerning quality (Article 22-2).
In order to ensure the quality of fertilizers, an on-the-spot inspection system of manufacturers, farmers as fertilizer users, etc. has been adopted (Articles 30, 30-2, 33-3). In an on-the-spot inspection, a fertilizer inspector of the Ministry of AFF(Agriculture, Forestry and Fisheries, the prefecture or FFIS(the Fertilizer and Inspection Services of the Independent Administrative Institution) and Feed Inspection Station of the Ministry of Agriculture, Forestry and Fisheries or a fertilizer inspector of a prefectural fertilizer testing agency may enter the premises of the fertilizer manufacturer, etc. to inspect fertilizers, fertilizer ingredients, books and other documents and take samples of fertilizers. The fertilizer samples are taken back for analysis if they contain the components guaranteed on the guarantee label. The findings are then officially announced.
(3) CABINET ORDER AND MINISTRIAL ORDINANCES
Enforcement Order of the Fertilizer Control Law
Enforcement Regulations of the Fertilizer Control Law
(4) OUTLINE OF THE CONTROL
1) Items Covered
Ordinary fertilizers
2) Outline of Specifications, Standards, and Inspections, etc.
i.Registration system
For ordinary fertilizers, primarily, an application for registration is made, together with attached samples, to the Minister of AFF or the prefectural governor on the type of fertilizer. FFIS, etc analyzes the samples and makes an assessment on whether or not to inspect the samples to see if they meet the official standards, in such case registration is approved and distribution of the fertilizer is permitted (Articles 4 through 9).
ii.Certification System
For ordinary fertilizers, primarily, an application for registration is made along with attached samples. If the application for registration is approved, permission to distribute the fertilizer is granted.
[Outline of the Certification System]
(a) Any application for registration (or provisional registration) of an ordinary fertilizer (except for designated mixed fertilizers) shall apply Minister of AFF or the prefectural governor for each brand.
(b) Both the written application for registration and samples of the fertilizer are inspected. Except in a case where the fertilizer is deemed to damage plants, the Minister of AFF or the prefectural governor will register the fertilizer and issue a registration certificate after confirming that the said fertilizer meets official standards.
(In the case of an application for provisional registration, both a written application and samples of the fertilizer are inspected. Except in a case where the fertilizer is deemed to damage plants, the Minister of AFF will issue a provisional certificate after confirming that the quality of the said fertilizer is equivalent to the corresponding fertilizer for which official standards have been prescribed.)
(c) Any foreign applicant wishing to apply for registration or provisional registration shall appoint an resident representative (person residing in Japan, which may include a representative of the Japanese office of a foreign juridical person) (Article 33-2).
[Flowchart of procedure for registration (provisional registration)]
