OTO No.621

OTO No.	621	Classification	MHW-256
Date of Acceptance	October 31, 2000	Respective Office 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	Sweden
Subject	Exemption of glass instruments from liquation tests
Description of Complaint	Under Article 10-1 of the Food Sanitation Law, the minister of health, labour and welfare can set standards for tableware and other instruments, and packages accommodating or wrapping foods. Under Article 10-2 of the same law, instruments that fail to meet the standards cannot be imported into Japan. In response, the ministry has issued "Standards for Foods and Additives" (Ministry of Health, Labour and Welfare Notification in December 1959) specifying the methods for cadmium and lead liquation tests in respect to glass instruments and packages. The complainant importing glass instruments is required to have these products undergo cadmium and lead liquation tests upon importation. If glass instruments, though of the same shape, differ in capacity or color, all must undergo the tests individually. Such requirement imposes an excessive burden on the complainant. Glass products that are certified by their makers as including no cadmium or lead in a responsible manner should be exempted from liquation tests. If they cannot be exempted from such tests, scientific reasons for such tests should be specified.
Details of Measures	The ministry replied as follows: (1) As for standard inspection of instruments and packages as provided in Article 10-1 of the Food Sanitation Law, a liquation test method is fixed for each shape or capacity category. Since colors of instruments and packages are important factors indicating heavy metals, whether to subject certain products to the tests can depend on colors. 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. (2) The standards for instruments and packages under the Food Sanitation Law specify allowable cadmium and lead concentration levels for glass, ceramic and enameled instruments and packages on a shape-by-shape and capacity-by-capacity basis. For most of instruments, paints or enamels are used before calcination and finishing. The enamels and paints generally include cadmium, lead and other chemical compounds. If calcination temperatures or durations are inappropriate, these harmful heavy metals can liquate out. This is the reason for setting allowable cadmium and lead concentration levels.
Status of Processing	Processed (January 25, 2001)	Classification of Action	Cc
Remarks	A written reply was made on November 14, 2000. An additional written reply was made on January 23, 2001.