2nd Report of the Market Access Ombudsman Council (March 14, 1995)

1-(3) Acceptance of foreign test results relating to the import of mineral water

1. Complainant: Keidanren

2. Ministry concerned: Ministry of Health and Welfare

3. Complaint:

Under the Food Sanitation Law, food importers are generally required to file a report with the Health and Welfare Minister through a quarantine station. The quarantine station carries out document inspection for all items and makes spot checks as necessary to check that the items meet the specification guidelines set out in the Food Sanitation Law.

Standards for mineral water are formulated in the Specification Guidelines for Foods, Additives, etc. (notification of the Ministry of Health and Welfare) and inspection is carried out at time of import.

Japanese specification standards were changed in December 1994 to be compatible with an international standard: i.e. the Codex European Regional Standard for National Mineral Waters specified by the Codex Commission.

The complainant raised the following issues:

(1) Since Japanese specification standards for mineral water have been made compatible with European food standards, test result certificates issued by all foreign public testing organizations for mineral water imported from countries which have adopted these standards should be admitted, regardless of whether they have been registered with the Ministry of Health and Welfare.

(2) Unlike other soft drinks, mineral water must undergo testing for microorganisms each time it is imported. This is not consistent, and it should be handled in the same manner as other soft drinks.

(3) Even though the producer of a product is the same, if the importer or port of entry is different, the product is required to be re-tested on all items. However, previous test results should be used and testing procedures simplified.

(4) The necessary documents which must be presented to the quarantine station when reporting import should be clarified and the list of documents required should be posted at all quarantine stations.

4. Results of deliberation:

(1) To improve market access for food products, it is important to accept foreign test results as much as possible, when verifying at the time of import whether the necessary sanitary measures have been taken in the exporting country. This handling should be actively adopted for products with specification standards compatible with international standards in particular.

The ministry concerned has so far adopted the Exporting Country Public Testing Organization System (under which testing organizations with testing capacities meeting specific standards approved by exporting countries register with the Ministry of Health and Welfare and whose test result certificates are accepted, and for which testing at time of import is omitted), and introduced the Pre-certification System for Imported Food, etc. (under which foods, etc. that is ascertained by the Ministry of Health and Welfare, to be compatible with the Food Sanitation Law and their manufacturers are registered with the Ministry of Health and Welfare through the exporting country's government, and testing for the foods, etc. at the time of import is omitted) in March 1994.

It is expected that this system will be used widely and more widespread foreign test results will be accepted.

Therefore, the government should continue efforts to publicize these systems, in particular, by holding meetings with various countries so that registration for the Pre-certification System can be made quickly.

When doing so, based on the present complaint, the opinions and requests of concerned parties should be heard concerning which imported foods from which countries the systems should be used for more extensively and the necessary measures promoted taking this into consideration.

(2) Regarding mineral water imported from the EU Countries, since EU standards for microorganisms are almost consistent with Japanese standards, the ministry concerned has simplified the documents required to be presented at the time of import, based on an agreement between the governments of Japan and the EU.

This is a positive measure and the system should be further publicized and microorganism standards of other countries which export mineral water to Japan and wish to receive similar treatment should be checked. If their standards are found to be compatible with Japanese standards, similar agreements with those countries should be concluded.

(3) The ministry concerned has indicated that it is possible to use prior test results when the same product is being imported by the same importer.

(4) Quarantine stations throughout the country should be advised in writing by April 1995 to post a list of documents which must be presented to quarantine stations when importing mineral water in locations visible to importers, and to distribute such a list if requested.

Government decision (March 28, 1995)

1-(3) Acceptance of foreign test results and others relating to the import of mineral water

(1) To promote further acceptance of foreign test results, efforts to publicize the Foreign Official Laboratory System and the Pre-certification System for Imported Food, etc. will be continued. Regarding the Pre-certification System for Imported Food, etc. in particular, meetings will be held soon with individual countries so that their products may be registered at an early date.

(2) Based on an agreement between Japan and the EU, the forms to be presented at the time of import concerning testing for microorganisms have been simplified for the mineral water imported from the EU countries. This measure will be publicized and if other countries request similar simplification, their microorganism standards will be verified and agreements with countries whose standards are largely compatible with those of Japan will be promoted.

(3) Quarantine offices throughout the country will be directed once again with a written directive in April 1 995 to post a list of the forms which must be presented to quarantine offices in locations visible to importers, and to distribute such a list if requested.

Follow-up (May 27,1996)

1-(3) Acceptance of foreign test results relating to the import of mineral water

(1) Since the introduction of the Pre-certification System for Imported Food in March 1994, the following efforts have been made to inform the system: meetings for foreign embassies in Tokyo were held in July 1994; between April 1995 and February 1996, ministry officials were dispatched to Canada, the United States, the Netherlands, Thailand and Australia to explain the system; and information about the system was also provided during the meeting of APEC Standards and Conformance Subcommittee in February 1995 and at a workshop on food import procedures sponsored by the FAO.

As of April 1996, 2,726 organizations in 49 countries (of which 239 organizations registered in 1995) were registered under the Exporting Country Public Testing Organization System. And under the Pre-certification System, 75 products (74 of which were registered in 1995) were registered, including mineral water from the United States and cheese from Australia.

Regarding the Exporting Country Public Testing Organization System, quarantine stations and the chairman of the Japan Imported Food Safety Promotion Association were notified to provide importers of wine from the EU with information on this system in May 1996. There were requests from Australia for application of the Pre-certification System to dairy products and from Thailand to processed shrimp products, and these products were registered in FY1995.

(2) Based on the agreement between the Japanese and the EU governments, the documents on testing for mineral water microorganisms, which must be presented at the time of import, have been simplified and this is being publicized. If other countries request the same treatment, microorganism standards of those countries will be checked and if they are found to be generally compatible with Japanese standards, similar agreements will be concluded with those countries.

As of May 1996, no countries other than the EU have requested similar treatment.

(3) Regarding documents to be presented when importing mineral water, a directive titled "Handling of Mineral Water" (dated April 28, 1995, from the head of the Quarantine Station Operations Control Section, Food Sanitation Division, Environmental Health Bureau) instructs officials to post a list of the required documents at the counter accepting notification of imported foods, and to distribute this list if requested