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

1-(2) Simplification of food inspection procedures

1. Complainant: Tokyo Chamber of Commerce

2. Ministry concerned: Ministry of Health and Welfare

3. Background:

According to Articles 16 and 17 of the Food Sanitation Law, notification of import of any foods, additives, food additive, apparatus, or container/package for sale must be given to the Quarantine Office, and inspection undergone as required. Article 15 of the Ministerial Ordinance further stipulates the particulars to be notified (e.g. name and address of importer, raw materials, manufacturing method, names of additives, etc.).

According to Article 15, Clause 3 of the Food Sanitation Law, when foods imported may be in contravention of the Food Sanitation Law due to local conditions at the place of origin, they must undergo testing ordered by the Minister of Health and Welfare.

To prevent the occurrence of health hazards arising from human consumption of foods, additives, and equipment in direct contact with foods must meet specified standards. To confirm that these standards have been met, test data from an official testing organization in the exporting country (public testing organizations registered with the MHW by the exporting country's government as having a certain level of testing capabilities) or from a testing organization specified by the Minister of Health and Welfare must be presented.

Article 15, Clause 3 of the Food Sanitation Law mandates testing for aflatoxins in pistachio nuts, peanuts, almonds, walnuts and other nuts, because of the strength of the toxin, the fact that aflatoxins are unevenly distributed, the greater possibility of contamination at the place of production or during transport, and because of infractions in the past. For similar reasons, data from official testing organizations in the exporting countries is not accepted in this case.

4. Complaint:

Although nuts (raw pistachio nuts) must be tested for aflatoxins at the time of import, cargoes shipped by air and accompanied by a certificate from the exporting country attesting that the shipment is free of aflatoxins should be exempted from testing in Japan and only simple testing carried out.

5. Results of deliberation:

Regarding testing for aflatoxins in pistachio nuts, peanuts, almonds, walnuts and other nuts, based on past test results, the ministry concerned has exempted cashew nuts from testing since May 1996, and macadamia nuts and hazelnuts since July 1996.

Accordingly, the matter of whether raw pistachio nuts may also be handled in the same way will be studied during FY1997, depending on how they are stored and maintained during production and processing and based on test results so far.

Government decision (March 25,1997)

1-(2) Simplification of food inspection procedures

The matter of testing for aflatoxins in raw pistachio nuts at the time of import, including whether, like cashew nuts, they can be excluded from testing entirely, depending on storage and preservation during processing and test results, will be studied during FY 1997.