OTO No. 614 Classification MHW-253
Date of Acceptance October 30, 2000 Ministry/Agency Receiving Complaint Cabinet Office (Economic Planning Agency)
Responsible Ministries Ministry of Health, Labour and Welfare (Ministry of Health and Welfare) Related Laws Food Sanitation Law
Complainant Tokyo Chamber of Commerce and Industry (Proxy complaint) Exporting Countries The Netherlands
Subject Extension of inspection-free periods under the continuous import system
Description of Complaint Those who are to import foods or instruments for sale or commercial use must notify the minister of health, labour and welfare of each import under the Food Sanitation Law. The import notification procedures are taken at quarantine offices. The offices examine import notifications and conduct inspection if necessary. Importers may voluntarily have imports inspected at inspection agencies as designated by the minister of health, labour and welfare and submit inspection results concluding that no problem exists with the Food Sanitation Law, however, inspection is not required upon importation in principle.
In order to simplify inspection on imports, continuous imports of the same foods or instruments remain free from inspection for a certain period of time as far as the results of inspection at inspection agencies as designated by the minister of health, labour and welfare are submitted (the continuous import system).
The complainant continuously imports coffee makers from the Netherlands, taking advantage of the continuous import system. Because the number of components for the coffee maker is large and the inspection-free period is limited to one year, however, the complainant must annually bring in samples for new inspection. This is a cumbersome burden on the complainant.
Accordingly, the complainant wishes to have the inspection-free period extended from the current one year to some three years.
Details of Measures The ministry replied as follows:
A system was introduced in April 1982 to exempt imports from inspection if the imports are continuously made of foods that are manufactured at the same factory and under the same method with the composition and used amounts of raw materials, additives, etc. remaining the same, and if importers submit inspection results to confirm that the products have passed administrative inspection or that voluntary inspection results meet the provisions of the Food Sanitation Law. Since December 1994, instruments, packages and toys whose material qualities, coloring agents and production processes are the same have been made free from inspection indefinitely as far as they are accompanied by copies of initial testing results.
As for inspection of standards for instruments and packages, testing methods are fixed in accordance with shape and capacity. Under the international standards (International Organization for Standardization, or ISO), instruments are divided by shape and capacity into three categories - coffee cups or the like with the depth of filling liquid at 2.5 centimeters or more and the capacity at less than 1.1 liters; bowls or the like with the depth of filling liquid at 2.5 centimeters or more and the capacity at 1.1 liters or more; and dishes or the like that cannot be filled with liquid or those with the depth of filling liquid at less than 2.5 centimeters. As far as material qualities,coloring agents, manufacturing methods, etc. are the same, copies of testing results for one item representing each of the three categories can make it possible for the imports to remain free from inspection indefinitely.
Status of Processing Processed (March 7, 2001) Classification Cc
Remarks A written reply was made on November 14, 2000.
An additional written reply was made on December 26, 2000.

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