OTO No.

622

Classification

MHW-257

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

Application of test data from official inspection agencies of exporting countries

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.

Products for import into Japan may undergo inspection upon exporting by testing and inspecting organizations that are certified by governments of the exporting countries as capable of conducting certain levels of inspection. If Japan’s minister of health, labour and welfare is notified of  certification in advance and the imports are accompanied by inspection results, inspection of imports regarding matters subject to the results are omitted in Japan in order to simplify import inspection procedures (the exporting country public testing organization system).

The complainant imports and sells glass products from abroad. If products with the same material quality vary in shape, inspection results are required for each shape in Japan. The complainant wants past inspection results acquired from exporting country public testing organizations to be applied to glass products varying in capacity, color or shape, as far as their material quality is the same.

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.

Status of Processing

Processed  (December 26, 2000)

Classification of Action

Cc

Remarks

A written reply was made on November 14, 2000.