| OTO No. | 641 | Classification | MAFF-(1) | |
|---|---|---|---|---|
| Date of Acceptance | August 22, 2001 | Ministry/Agency Receiving Complaint | Cabinet Office | |
| Responsible Ministries | Ministry of Agriculture, Forestry and Fisheries | Related Laws | Law Concerning Standardization and Proper Labeling of Agricultural and Forestry Products (JAS Law) | |
| Complainant | Domestic firm | Exporting Countries | Democratic Socialist Republic of Sri Lanka | |
| Subject | Making the interpretation of the revised JAS Law known to those concerned | |||
| Description of Complaint |
1. Based on the Law revising part of the Law Concerning Standardization and Proper Labeling of Agricultural and Forestry Products (Law No. 108 of the year 1999) and so on, agricultural products or processed foods made from them that are produced, processed or packed on and after April 1, 2001 cannot have labels indicating the product, or misleading the public to believe it to be an organic agricultural product or an organic processed food containing organic products, if they have no label of class of Japanese Agricultural Standards (Organic JAS marks) (Article 19, Clause 10 etc. of the Law). The Law applies to products or processed foods that will have an "organic" label on and after April 1, 2001 and does not apply to products or processed foods that had an "organic" label on or before March 31, 2001. (Questions and Answers on the Certification System for Organic Foods, compiled by the Quality Section, the Foods Distribution Bureau, the Ministry of Agriculture, Forestry and Fisheries in November, 2000) 2. This complaint was made by a corporation which is in the business of (1) purchasing Sri Lankan organic black tea from importers and making small packs of it and (2) purchasing the same tea already packed into commercial products and wholesaling them to retailers. The law should not apply to the products packed or purchased from importers by the corporation on or before March 31, 2001. However, department stores and volume sellers including supermarkets, main purchasers of the products, are not aware that the products are not subject to the Law and most volume sellers take a stance backed by misunderstanding by refusing to accept the products, or withdrawing them from counters because "the products violate the JAS Law," hence effectively forcing the corporation to stop new sales activities, including wholesaling. 3. The complainant, therefore, requests the ministry to take the following measures: (1) The ministry will clear up misunderstandings among retailers such as volume sellers and lead them to throughly know the facts, for example by issuing notices, that (1) products packed and labelled organic and (2) imported processed foods purchased by the wholesaling corporation from importers on or before March31, 2001 are not subject to the Law and that the products without an "organic"JAS mark can keep their "organic" label. (2) As for the products not subject to the Law, the ministry will permit sales methods that will encourage consumers to buy, with a sense of safety, products without an organic JAS mark by (1) allowing the corporation to attach to the products an explanatory sticker in Japanese about certification labels such as Naturland of Germany by organizations that are members of the IFOAM (the International Federation of Organic Agriculture Movement) and (2) by permitting the display at the counters of volume sellers etc. an explanation that says the products are not subject to the Law and an explanation relating to the certification by the member organizations of the IFOAM. |
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| Details of Measures |
The ministry forwarded its reply as follows: As for the revision of the JAS Law, after the promulgation of the revised JAS Law in July 1999, the ministry has prepared pamphlets on the certification system for organic foods and held explanatory meetings and lectures in major cities and the ministry itself, regional agriculture offices as well as the Agriculture and Fishery Consumption Technology Center, an independent administrative agency, have answered questions and inquiries of the corporations concerned and consumers. (1) Regarding 3. (1) above: As for products produced, processed or packed on or before March 31, 2001, "Questions and Answers" by the Quality Section of the Ministry of Agriculture, Forestry and Fisheries says, "Agricultural products or processed foods that had an "organic" label on or before March 31, 2001 (the products or foods that agricultural producers or processors produced or processed and put an "organic" label on or before March 31, 2001 as well as products and foods that were sold at supermarkets on or before March 31, 2001) are not subject to the Law." The Questions and Answers are displayed at the website of the ministry and known widely to the public. The ministry believes that any volume seller that has misunderstandings about the Law will have their misunderstandings cleared up by referring them to the website and giving explanations about the Law. (2) Regarding 3. (2) above: Since agricultural products and processed foods that had an "organic" label on or before March 31, 2001 are not subject to the regulation on labels and agricultural products, and processed foods with an "organic" label that were purchased from importers on or before March 31, 2001 may be sold on and after April 1, 2001, it is possible to make the explanation that they are not subject to the JAS Law or that they have obtained the certification of an overseas certification organizations. |
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| Classification of Processing | Ca | Directions | IV | |
| Remarks | A written reply was made on August 30, 2001 | |||