4th Report of the Market Access Ombudsman Council (March 17, 1997)

1-(1) Consolidation of Ministry of Agriculture, Forestry and Fisheries and Ministry of Health and Welfare quarantine procedures

1. Complainant: Tokyo Chamber of Commerce

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

3. Background:

(1) To prevent transmission of infectious diseases to domestic livestock through foreign imports of ungulates (cattle, swine, etc.), horses, chickens etc. and their products (hereafter referred to as "specified quarantine items"), the Ministry of Agriculture, Forestry and Fisheries (MAFF), in accordance with the Law on Prevention of Infectious Diseases in Livestock, requires import inspections (animal quarantine). Article 37 of the law specifies that no imports of specified quarantine items shall be allowed unless they are accompanied by a test certificate issued by a government body of the exporting country stating that quarantine inspection has shown that the items in question contain or are believed to contain no pathogens for infectious diseases in livestock.

(2) Concerning imports of meat and meat products, the Ministry of Health and Welfare (MHW), in accordance with Article 5 of the Food Sanitation Law intended to prevent threats to food sanitation through the import of meat from diseased animals or animals which have died of disease, requires that such imports be accompanied by a sanitary certificate issued by the government of the exporting country. In accordance with the requirements of the Food Sanitation Law, this certificate must carry particulars as to the date of slaughter and the date of processing.

(3) As described above, the inspection certificate required by the MAFF is for the purpose of preventing the spread of infectious diseases to livestock, while the MHW certificate is required to maintain food sanitation.

(4) Further, in the specification standards for meat products of Article 7 of the Food Sanitation Law, raw ham may not be imported unless it meets the manufacturing method standards for raw meat products. These manufacturing method standards specify the ratio of salt required for pickling, to prevent food sanitation problems due to microorganisms.

4. Complaint:

Regarding imports of French chicken and Italian raw ham, the animal quarantine certificates issued by the MAFF sometimes lack certain particulars required when the MHW conducts food quarantine inspections.

For example, when both uncut meat and meat cut into parts are listed on the same certificate, the food quarantine inspection requires certification of the date of processing. Where raw ham is concerned, MHW requirements for the salt ratio are stricter than those of the MAFF. Japan's import inspection standards, differing from ministry to ministry, are sometimes misunderstood by foreign businesses, causing delays in Customs clearance or returns of goods. The two ministries concerned should publicize the content of domestic laws and quarantine systems more widely and should agree on a standard health certificate.

The MHW should also show the sanitation certificate form to exporting countries and ask those countries to conform to this. Further, since the MHW has not clearly communicated to the exporting countries which particulars are required on the certificate, it should cooperate with exporting country sanitation inspectors by showing them the sanitation certificate format and specific examples of entries of the required particulars. The particulars required on the sanitation certificate should also be simplified.

5. Results of deliberation:

Import procedures are an issue involving multiple ministries, and the ministries concerned should simplify their procedures and work together to simplify and expedite procedures in general.

According to the ministries, where Italian raw ham mentioned in this complaint is concerned, in response to a request by the government of Italy the MAFF and the MHW met in December 1996 to coordinate standards which would meet their individual requirements. They are currently discussing mutually acceptable standards and acceptance of the particulars entered on certificates issued by the Italian authorities with the Livestock Sanitation Bureau of the Italian government. If this is accepted, a uniform health certificate designed to include the necessary quarantine and food sanitation particulars will be presented to the Japanese authorities.

(1) The each of two ministries' progressive stance is welcomed. They should actively continue working together to explain Japan's standards in bilateral consultations with the countries concerned, and work to ensure that the particulars to be included on the health certificate meet the standards of both ministries, to avoid inconveniencing the exporting countries.

(2) To avoid incomplete information on certificates, the MHW should thoroughly inform exporting countries concerning the particulars it requires on sanitary certificates.

(3) Among the particulars required on sanitary certificates, the MHW is currently studying dropping the requirement for showing the date of processing, when the date of slaughter is known. Conclusions to study concerning simplification of the particulars required should be reached by the end of FY1997 and implemented without delay.

Government decision (March 25,1997)

1-(1) Consolidation of Ministry of Agriculture, Forestry and Fisheries and Ministry of Health and Welfare quarantine procedures

(1) The concerned ministries have been actively cooperating in promoting consolidation of the quarantine certificates for animals and animal products issued by the MAFF and the sanitary certificates issued by the MHW, and have explained Japanese standards concerning these certificates in bilateral consultations with the countries concerned. They will work to ensure that the particulars to be included on the certificates meet the standards of both ministries, to avoid inconveniencing the applicants.

(2) To avoid incomplete information on sanitary certificates, the ministry concerned will inform the exporting countries thoroughly concerning the particulars needed.

(3) Among the particulars required on sanitary certificates, when the date of slaughter is known, in the case of processed meat, the matter of dropping the requirement for the date of slaughter will be studied at an early date. Further, a conclusion on study regarding further simplification of the particulars required will be reached by the end of FY 1997 and implemented without delay.