Provisional Translation
OTO No. | 657 | Classification | MAFF-(7) MOE-(1) |
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Date of Acceptance | January 24, 2003 | Ministry/Agency Receiving Complaint | Cabinet Office |
Responsible Ministries | Ministry of Agriculture, Forestry and Fisheries, Ministry of Environment | Related Laws | Agricultural Chemicals Regulation Law |
Complainant | Domestic firm | Exporting Countries | China |
Subject | Designation of Chinese agricultural materials as special agricultural chemical | ||
Description of Complaint | 1. The complainant has imported and sold to 3,000 Japanese organic farming households (some 75% of Japan's organic farming households) the Chinese agricultural material that can effectively prevent, eliminate and avoid agricultural pests and bacteria while doing no harm to agricultural products, humans, livestock and aquatic animals and plants. In December 2002, on the other hand, the Agricultural Chemicals Regulation Law (1948 Law No. 82) was revised to prohibit any party from manufacturing, processing or importing agricultural chemicals other than those designated by the Minister of Agriculture, Forestry and Fisheries, and the Minister of Environment as special agricultural chemicals that do no harm to agricultural products, humans, livestock and aquatic animals and plants, based on their raw materials, unless they receive registrations from the Minister of Agriculture, Forestry and Fisheries (Article 2). The revised law also bans anyone from using agricultural chemicals other than those designated as special and those with real labeling including registration numbers (Article 11). 2. While the revised law is to take effect on March 10, 2003, misunderstanding and misguidance by agricultural cooperatives and prefectural agricultural materials regulators have led farming households to believe that they cannot use the Chinese agricultural material that the complainant imports even before the revised law's implementation. At present, the complainant is effectively unable to sell it. 3. Therefore, the responsible ministries are requested to take the following measures. |
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Details of Measures | The ministry has replied as follows: 1. As the Agricultural Chemicals Regulation Law was revised to ban the manufacturing, import and use of non-registered agricultural chemicals, the special agricultural chemicals system was introduced to avoid excessive regulations that could require the registration of all pesticides and natural pest enemies that are used by farming households and have no safety problems. The proviso for Article 2-1 of the law defines the special agricultural chemicals as "clearly likely to do no harm to agricultural products, humans, livestock and aquatic animals and plants, as indicated by raw materials." 2. The Ministry of Agriculture, Forestry and Fisheries asked the Agricultural Material Council to have its committee of academic experts consider what should be designated as special agricultural chemicals, based on a survey as conducted by the ministry. The academic experts have concluded that the efficacy should be identified first for the designation and recommended the designation to cover bacteria-killing baking soda and vinegar, and natural pest enemy insects that have traditionally existed in the vicinity of the locations planned for their use. 3. Public comments will be solicited on the recommendation including the basic idea about the special agricultural chemicals before the special agricultural chemicals are promulgated to meet the implementation of the revised Agricultural Chemicals Regulation Law on March 10. At present, the designation as special agricultural chemicals has been suspended for most of agricultural materials subjected to the past considerations because objective information on their efficacy has been insufficient. The Chinese agricultural material is among them and cannot be designated as a special agricultural chemical. 4. Those agricultural materials for which the designation as special agricultural chemicals has been suspended cannot be sold with the indication of any anti-pest efficacy as in the past unless they are registered as agricultural chemicals. Depending on future evaluation, they may be subjected to the registration. Therefore, the ministry now cannot notify relevant organizations that they can be used. |
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Classification of Processing | D | Directions | |
Remarks | A written reply was made on February 5, 2003. |