3rd Report of the Market Access Ombudsman Council (March 18, 1996)

1-(2) Partial Revision of JAS concerning Imported Fruit Juices

1. Complainant: Japan Foreign Trade Council

2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries

3. Background Information:

Law Concerning the Standardization and Proper Labeling of Agricultural and Forestry Products (JAS Law) prescribes the agricultural commodity standards (JAS system) in order to improve the quality of agricultural commodities, rationalize their production, simplify and ensure fairness in their transaction, and rationalize their use and consumption. At the same time, the law prescribes the standards (quality labeling standards system) that manufacturers must conform to in displaying the quality of agricultural commodities in order to help general consumers in their choice.

While JAS, or Japan Agricultural Standard, is an voluntary standard based on application by manufacturers, the government is advancing the international harmonization of the standard in order to achieving harmony with international standards (e.g. for food products, Codex). In revising the standard, the government follows international rules by making preliminary announcement of the intention as stipulated by WTO.

The JAS for fruit juices has been revised 21 times since 1970 due to changes in supply and demand conditions and development of needs. However, the quality of recently imported fruit juices has sometimes failed to meet the JAS. As for the procedure of revising the standard, opinions will be heard from the industry, and the matter will be deliberated by the Agricultural Commodity Standard Investigation Committee. The preliminary public notice of the intention to revise the standard is being published in AFF, a publication issued by the Ministry of Agriculture, Forestry and Fisheries, and JETRO's trade publications to fully inform those concerned in Japan and abroad.

4. Complaint:

The complainant raised the following issue concerning the review of JAS for fruit juices.

(1) Although the import of fruit juices is on the rise, some orange juice products (made in Brazil, Florida, or Mexico), for example, do not satisfy the JAS in acidity, and some grape juice products (American white grape juice, American red grape juice and Brazilian grape juice) do not satisfy the JAS in amino nitrogen or ash content. Consequently, the JAS is not compatible to the actual situation. Therefore, the JAS should be fundamentally revised to suit the actual situation of imported fruit juices.

(2) Acidity in orange juice and amino nitrogen and ash content in grape juice are not stipulated by the Codex, the international standard. In this respect, JAS is unique to Japan. Furthermore, it is difficult to measure amino nitrogen and ash content, and possible in Japan only, in practice, which involves much cost.

5. Results of Deliberation:

The ministry concerned should actively review the JAS for fruit juices by taking into account the diversification of consume needs, the actual situation of imported products and international standards. The ministry concerned should take the following actions for each part of the complaint:

(1) The ministry concerned began the deliberation on the revision of JAS for fruit juices in November 1995. The ministry concerned plans to make a specific proposal within fiscal year 1996. The proposal will be finalized after the required deliberations at the Agricultural Commodity Standard Investigation Committee, and filing the procedure with WTO for preliminary public notice of intention. The ministry concerned claims that for this reform, it will consider the actual situation of imported fruit juices, and develop more general standards (not standards according to places of origin) and that it will fully consider international standards. Therefore, the ministry concerned should fully consider the imported products, including those pointed out by the complainant. In addition, the ministry concerned, in deliberating the revision, claims that it will take the initiative in collecting a broad range of overseas data instead of merely taking specific requests into accounts and waiting for samples and data to be submitted. Such positive efforts should be actively promoted.

(2) Since the acidity for orange juice and amino nitrogen and ash content for grape juice are not stipulated by international standards, in deliberating the revision, an effort should be made to reach a conclusion on the necessity of stipulating these items in JAS for fruit juices as early as possible.

Government decision (March 26, 1996)

1-(2) Partial Revision of JAS concerning Imported Fruit Juices

(1) A specific proposal will be developed within fiscal year 1996 on the revision of JAS for fruit juices whose deliberation began in November 1995. For this reform, the ministry concerned will consider the actual situation of imported fruit juices, and develop more general standards (not standards according to place of origin). The ministry concerned will also fully consider international standards and imported products. In deliberating the revision, the ministry concerned will take the initiative in collecting a broad range of overseas data instead of merely taking specific requests into accounts and waiting for samples and data to be submitted.

(2) Since the acidity for orange juice and amino nitrogen and ash content for grape juice are not stipulated by international standards, in deliberating the revision, an effort will be made to reach a conclusion on the necessity of stipulation these items in JAS for fruit juices as early as possible.

Follow-up (May 12, 1997)

1-(2) Partial Revision of JAS concerning Imported Fruit Juices

(1) The ministry's proposal concerning revision of JAS for fruit juices was approved by the technical sub-committee of the Agricultural Commodity Standard Investigation Committee (JAS Investigation Committee) on March 21, 1997. The proposed revisions were made on the basis of quality data from major fruit juice producing countries like the U.S. and Brazil, and aligned with the Codex international food standards. The revisions are scheduled to be implemented by the end of FY1997, after approval by the consumer sub-committee and the foodstuffs committee of the JAS Investigation Committee, prior notice and publication in the Official Gazette.

(2) In this revision, the quality standards relating to acidity in orange juice (acidity standards are stipulated for concentrated orange juice only) and to amino nitrogen and ash content in grape juice, not stipulated in the Codex, have been removed, and are now based mainly on BRIX (sugar and other soluble solids).