6th Report of Market Access Ombudsman Council (March 16, 2000)

3-(1) Simplifying importer registration of poisonous and deleterious substances

1. Complainant: Tokyo Chamber of Commerce and Industry

2. Ministry concerned: Ministry of Health and Welfare

3. Complaint:

When importers of poisonous and deleterious substances attempt to import poisonous or deleterious substances other than those for which they are registered, they must change their registration prior to this. However, the time required between applying for and receiving registration is two months.
Since the required facilities do not differ based on the type of substance, importers should not be required to register for each specific substance; instead, it should be possible for importers to import all the substances listed on a schedule attached to the Poisonous and Deleterious Substances Control Low their applications for registration.

4. Corresponding Policy of the Ministries concerned:

Since registration for each poisonous or deleterious substance is necessary to determine appropriate standards for stockpiling and holding, to prevent health and sanitation risks, and it is necessary to know the names and addresses of manufacturers and importers making specific substances in advance, in the case of accidents or crimes involving the said substances, the ministry will continue to require registration for each substance.
When businesses register as manufacturers or importers of poisonous or deleterious substances, prefectural authorities do a pro forma inspection of the application, conduct on-site inspection of the facilities and the ministry, determine whether the substances are on the list of poisonous or deleterious substances disignated by the minister, and inspect facilities; these activities require 60 days. However, efforts will be made to process applications as quickly as possible, in the order they were received.

5. Remarks
The complainant accepted this policy.

6. Council member's comments
The Council member commented as follows: "Although we do not disagree with the importance of preventing risks to health and sanitation, it is important to adopt practical measures designed to ensure that the aim of the law is achieved efficiently, rather than continuing to apply pro forma regulations like those in this case."