Provisional Translation

OTO No. 557 Classification MHW-240
Date of Acceptance August 12, 1997 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries Ministry of Health and Welfare Related Laws Food Sanitation Law
Complainant Domestic firm Exporting Countries Germany
Subject Conformity of sterilization method for alcohol-free wine with sterilizing standards
Details of Measures Description of Complaint:
1. When alcohol-free wine sterilized by filtering was imported, it was found not to meet the "Manufacturing Standards for Soft Drinks, " which requires sterilization by heating, and the complainant was advised by the quarantine office that the product could not be imported since it did not conform to the Food Sanitation Law.
2. The complainant maintains that the product has been sterilized using a method equal to or better than heat sterilization, and that because heating causes product quality to deteriorate, the import of this product which has been sterilized should be permitted.

The ministry replied as follows:
1. The product in question contains less than 1 percent alcohol and is classified as a soft drink. For soft drinks, including the product in question, which contain fruit juice and other ingredients, only the sterilization method set forth in the Manufacturing Standards is allowed.
2. However, the Standards are applied flexibly as necessary, after examination by the Food Sanitation Council. The Council will study the sterilization method and if no safety problems are found, the Notice will be amended to permit the manufacturing method in question.
3. If the complainant can present scientific data demonstrating that the alcohol at the time of manufacturing has the same sterilization effect as heat sterilization according to the above Standards, a separate determination as to whether the product conforms to the Manufacturing Standards will be made.
On December 21, 1998, the ministry requested that the Food Sanitation Council study changes to specification standards for soft drinks. On January 20, 1999, the Food Specifications Sub-committee of the Council prepared a report stating that "where manufacturing standards for soft drinks are concerned, it is appropriate to allow that the manufacturing method for soft drinks, when the product is a soft drink or frozen fruit drink other than frozen fruit drinks and fruit juice used as an ingredient, and when the juice is pressed in ways other than by using a sealed automatic juice press, is manufacturing by sterilization."
The relevant notices are scheduled to be amended in June 1999, pending notification of the WTO and a reply from the Food Sanitation Council.
Classification of Processing A Directions I-b
Remarks Improvement measures were taken in July 1999.

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