The objective of the law is to protect food safety by preventing health hazards caused from foods or drinks though measures deemed necessary from a public health viewpoint, thereby protecting health of citizens.
(2) OUTLINE OF THE LAW AND SYSTEM
The law prescribes the responsibilities of national government, local government and food business, etc. (Article 2) as well as the voluntary inspection and record retention necessary for prevention of health hazards by business, including food companies (Article 3).
Except for foods or food additives (excluding natural flavoring agents) approved by the Minister of Health, Labour and Welfare, selling or producing/importing for sale the foods or the food additives that threat to damage public health is prohibited (Article 6).
When standards for methods of manufacturing, labeling, or specifications for ingredients have been established by the Minister of Health, Labour and Welfare, for food, food additives, apparatuses and container-packages for sale or business, its is forbidden to sell all products which do not conform with the relevant statutes (Articles 11, etc.).
Those who wish to import food, food additives, apparatuses or container-packages for sale or business must first notify the Minister of Health,Labour and Welfare on each occasion (Article 27).
The Minister of Health, Labour and Welfare or prefectural governor, when deemed necessary, may request a report from a business representative, conduct an on-site inspection at the place including the locationof business, and inspect substances such as foods and food addictives for sale or business use, apparatuses and container packages for sale, or business, facilities of business and account books, and request voluntary removal of those said substances within the limits necessary for examination (Article 28).
Furthermore, the law has provisions regarding risk communication with consumers (Article 64 and 65), positive list on agricultural chemicals remaining in foods, etc. (Paragraph 3 of Article 11), and surveillance system for imported foodes (Articles 23, 25, 26, 27, 30 and Paragraph 2 of Article 55).
(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Enforcement Order of the Food Sanitation Law
Enforcement Regulations of the Food Sanitation Law
Ministerial Ordinance Concerning Compositional Standards, etc. for Milk and Dairy Products
Specifications and Standards for Foods and Food Additives, etc. (Ministerial Notice)
(4) OUTLINE OF SPECIFICATION, STANDARDS AND INSPECTIONS ETC.
1) Items Covered
Foods (All food and drink; drugs and quasi-drugs (iyakubugaihin) prescribed by the Pharmaceutical Affairs Law are excluded.
Food additives (those used for adding, mixing, soaking or other methods in the manufacturing process of food or used for the purpose of processing or preserving)
Apparatuses or container-packages
Toys (toys for infants)
Cleaning agents (for vegetables, fruits and tableware)
2) Outline of Specifications, Standards and Inspections
i. Specifications and standards
The Ministerial Ordinance Concerning Compositional Standards, etc. for Milk and Daily Products and the Specifications and Standards for Foods and Food Additives, etc. (Ministerial Notice) are stipulated as specifications and standards related to the Food Sanitation Law.
Ingredient specifications, standards on manufacturing, cooking and storing methods, specifications and manufacturing standards on cooking equipment, container-packages or ingredients are prescribed in the said ministerial ordinance for milk and dairy products.
Specifications and standards are prescribed by classifying other matters into foods, food additives, apparatus, container-packages, toys and cleaning agents. Ingredient specifications, manufacturing, processing and cooking standards, preserving standards, utilizing standards are prescribed for foods; whereas, general rules, the general examination method, chemical regents and trial liquids, manufacturing standards and utilizing standards are prescribed for food additives.
ii. Certification system (Import inspection)
Those who wish to import food or others must first notify the Minister of Health, Labour and Welfare on each occasion. The notification form is to be filed with a food import inspection office of the Quarantine Stations at 31 major seaports and airports. The Quarantine Stations carefully import, and when necessary take samples for testing in order to ensure food sanitation.
Furthermore, in order to simplify procedures for the importation of foods and others, in addition to major systems listed as follows, procedures for the importation are being simplified and expedited by introducing the Food Automated Import Notification and Inspection Network System (FAINS) by which notification for the importation can be made on-line or by floppy disk from terminals of an importer (1986) and by promoting interface with the Nippon Automated Cargo Clearance System (NACCS) (1997).
(a) Pre-certification System: Of foods manufactured in foreign countries, those which conform with specifications and standards in advance under the Food Sanitation Law are registered with the Ministry of Health,Labour and Welfare. In the case of notifying registered foods, etc,. a certificate of notification for importing foods, etc. is issued immediately after inspection.
(b) Planned Import System: If specially selected foods, etc. (foods subject to planned importation) are to be repeatedly imported, a one-year or three-year import plan is attached to Import Notification of Foods, etc. at the initial importation. As a result of an examination, if it is judged to have no problems, through this system notification at every importation may be omitted from the following time (limited to within the relevant period).
(c) Item Registration System: When the same foods, etc. are continuously imported, matters to be mentioned concerning foods, etc. to be imported are registered. If there are no problems in the mentioned matters, through this system matters mentioned and registered at the time of notification for import may be processed through a registration number for one year following.
(d) Minor errors on a notification for import: Minor errors such as typing mistakes related to mentioned matters on Import Notification of Foods, etc. are disregarded. (Clerical correspondence on December 20, 1971, Kanshoku No. 184 Notice to each assistant chief of quarantine on August 18, 1982)
(e) Continuous Import System: When the same foods are repeatedly imported, if inspection results for the same foods conducted within a certain period are attached, through this system inspection at the time of importation within the effective period concerning the inspection items may be omitted.
(f) System of Foreign Official Laboratories: In the case of obtaining an inspection at the time of importation by foreign official laboratories (testing organization listed on a list of foreign official laboratories), through this system inspection of inspection items may be omitted.
(g) Prior Notification System: When notification for import is accepted for all foods, etc. seven days prior to the scheduled arrival of the imported cargo, if an on-the-spot inspection for import is judged to be unnecessary, through this system a certificate of notification for import of foods, etc. is issued before the arrival of the cargo or immediately after its arrival.
(h) Electronic Transmission of an Inspection Certificate: Although it is prohibited to import meat to Japan unless an inspection certificate issued by the governmental organization in the exporting country is attached, if matters to be mentioned on an inspection certificate are transmitted to the computer of the quarantine office from the governmental organization of the exporting country and are recorded in a file provided by the said computer, this does not apply.
Electronic transmission of inspection certificates is implemented between Japan and Australia.
[Flowchart of an import notification system]
