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| 7th Report of Market Access Ombudsman Council (March 18, 2002) |
1. Complainant: Nagoya Chamber of Commerce and Industry
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
(1) Any person who wishes to import designated quarantine goods (animals, carcasses, or bones, meat, eggs, skins, hair, etc. that are designated by the Minister of Agriculture, Forestry and Fisheries) shall attach an inspection certificate issued by the competent government agency of the exporting country certifying the goods in question are free from any causative agent that may spread infectious diseases affecting domestic animals and undergo import inspection (if any causative agent of an infectious disease in domestic animals exists) to confirm their safety. (Articles 37 and 40 of the Domestic Animal Infectious Diseases Control Law). Should the Animal Quarantine Officer determine that the goods inspected might spread causative agents of infectious diseases in domestic animals, the said goods shall be incinerated, disinfected, or otherwise treated as appropriate. (Article 46)
Among the designated quarantine goods that are designated by Article 45 of the Enforcement Regulations of the Domestic Animal Infectious Diseases Control Law are clove-hoofed animals, horses, chickens, dogs, rabbits, and their skins and hair.
As to disinfection method, Attachment No. 1 of the same enforcement regulations prescribes formalin disinfection in the case of hair, etc.
(2) The Animal Quarantine Service that covers Nagoya Port and Nagoya Airport conducts disinfection based on the above import inspection and quarantine inspection as follows:
In the case of importing scoured wool or scoured goat hair, fumigation is not required in most of the case even if they are dirty and regardless of their exporting countries.
On the other hand, in the case of importing scoured rabbit hair, scoured and dehaired cashmere hair, scoured and dehaired camel hair, etc., fumigation by formalin water is required even if they are attached with a hygienic certificate issued by the competent government agency of the U.K., Germany, France, Switzerland, or other advanced European countries, such as an Official Veterinary Certificate issued by the competent government agency of Germany to certify that the imported goods in question meet the standards set by the Office International des Epizooties (OIE).
(3) In order to ask the Animal Quarantine Service covering Nagoya Port and Nagoya Airport to obviate fumigation on scoured rabbit hair, etc., the complainant, in compliance with the request from the Service, submitted documents concerning scouring process and detergents used, and explained that the cleanliness of scoured rabbit hair, etc. is in no way inferior to that of scoured wool, etc. However, the complainant is still unable to import scoured rabbit hair without fumigation.
When the complainant made the above explanation, an animal quarantine officer of the said Service went so far as to say that "as long as (the officer) is in office, no import permit for the animal hair that has not been imported to Japan before will be issued without fumigation."
(4) Response of the Animal Quarantine Service such as 3 above are unreasonable for the following reasons: 1] Scoured rabbit hair, etc. from the above European countries are completely germ-free as they are repeatedly dried at high temperatures during their production process. 2] Their hygienic conditions are certified by the government organizations of the European countries that are believed to have similar inspection standards and level. 3] The Cabinet ordinance based on the Law for the Control of Household Products Containing Harmful Substances (Law of 1973, Nov. 112) prohibits the use of formalin treated raw materials in infant underwear, etc. Formalin is a substance harmful to the human body and its use should be strictly restricted.
(5) Therefore, with regard to scoured rabbit hair, etc., the Ministry of Agriculture, Forestry and Fisheries 1] should accept results of the inspection conducted by the government agencies of the European countries as they are, except in the case where there was a possibility of the goods in question having being contaminated during transportation, and take necessary measures to obviate fumigation and 2] should specify concrete standards for import inspection and, when fumigation is required, specify the reason, and explain to importers clearly and in detail as to what they should do if they want to import similar goods without fumigation in the future.
Moreover, 3] the expenses for the import inspection and fumigation of the goods in question are fixed regardless of import volume. Since expenses should differ depending on the volume, expenses for importing a small amount of goods, such as samples, should be set at a lower level.
(Second complaint)
(1) We wish to repeat our complaint. Since scoured rabbit hair, etc. imported from the European countries is produced in the same scouring process as scoured wool, which is treated as not requiring disinfection, there is no reasonable grounds to treat scoured rabbit hair, etc. separately from scoured wool, etc. and require disinfection only on the former.
We have already submitted documents concerning the scouring process and others, in compliance with the instruction from an official of the Animal Quarantine Service, and made explanation of them. The Ministry of Agriculture, Forestry and Fisheries should immediately take measures to obviate the necessity of disinfecting scoured rabbit hair, etc.
(2) The response from the Ministry of Agriculture, Forestry and Fisheries failed to indicate a specific schedule and specific measures to be taken in the future. It appears that only expressions have been changed.
Moreover, in this case, the Ministry of Agriculture, Forestry and Fisheries failed to show on what specific ground it determined scoured rabbit hair, etc. are inferior to scoured wool, etc. in terms of reduction of pathogenic organisms and decided to require disinfection.
The Ministry of Agriculture, Forestry and Fisheries should clarify a specific schedule, specific measures to take, and the specific reason why it required disinfection in this case.
4. Corresponding Policy of the Ministries concerned:
(1) With regard to accepting results of the inspection conducted by the government agencies of the European countries as they are, except in the case where there was a possibility of scoured rabbit hair, etc. having being contaminated during transportation:
1) Import inspection of animal hairs, including rabbit hair, is conducted based on the Domestic Animal Infectious Diseases Control Law to confirm that they are free from any causative agent that may spread infectious diseases affecting domestic animals, and to determine if an inspection certificate issued by a reliable government agency of an exporting country is violated and if any causative agent of a domestic animal infectious disease stipulated in the Domestic Animal Infectious Diseases Control Law or a reportable disease (hereinafter to be genetically called "surveillance disease") exists. The ministry accepts the inspection certificate and the substance of the certificate issued by European countries.
2) The ministry conducts disinfection to prevent the entry of surveillance diseases into Japan when it finds, as a result of inspection, that animal hair was produced, shipped, or went through a problem area in terms of domestic animal hygiene, such as an area where a surveillance disease broke out, and when it believes that animal hair may have been polluted with a causative agent of a surveillance disease while being process, packed, or transported. From the standpoint of domestic animal quarantine, the disinfection cannot be abolished.
3) However, when it is confirmed by an export inspection certificate or a written explanation submitted by importers that causative agents of surveillance diseases in animal hair have been killed during treatment process, the ministry does not take disinfection measures, such as fumigation.
4) The ministry conducted disinfection because the documents submitted at the time of import application were not sufficient for the ministry to believe that the processing treatment in the case in question was sufficient to kill causative agents of surveillance diseases. From now on, the ministry will keep in close touch with importers, obtain necessary information, such as treatment process, and promptly decide whether to conduct disinfection or not.
(2) With regard to specifying concrete standards for import inspection and, when fumigation is required, specifying the reason, and explaining to importers clearly and politely what they should do if they want to import similar goods without fumigation in the future:
1) Concrete standards for the implementation of disinfection are specified in "Concerning imported livestock disinfection standard" (a notice issued by director of the Animal Quarantine Service on July 29, 1981). In implementing fumigation in the future, the ministry will keep in close touch with importers and strive to take clear and appropriate measures.
2) The ministry has been conducting disinfection in conformity with the disinfection standards set by the Domestic Animal Infectious Diseases Control Law. As to a disinfection method for animal hair, formalin gas fumigation is considered to be the most appropriate method. At present, there is no alternative disinfection method that can take the place of formalin gas fumigation.
(3) With regard to the expenses for the import inspection and fumigation of the goods in question being fixed regardless of import volume. And with regard to setting expenses for importing a small amount of goods, such as samples, at a lower level, since expenses should differ depending on the volume:
1) Expense for import inspection
Expenses for inspection of animal quarantine is not required.
2) Expense for disinfection
Based on the results of import inspection, the owner of the goods is supposed to conduct disinfection in accordance with instructions of an animal quarantine officer.
(Second corresponding policy)
(1) With regard to animal hairs, the Domestic Animal Infectious Diseases Control Law requires import inspection and Article 45 of the Enforcement Regulations of the Domestic Animal Infectious Diseases Control Law designate animal hairs, such as cows, pigs, horses, sheep, goats and rabbits, as designated quarantine goods.
(2) In order to prevent the entry into Japan of causative agents of surveillance diseases from the areas where a surveillance disease may have broken out, disinfection is carried out based on "Concerning imported livestock disinfection standard" (a notice issued by director of the Animal Quarantine Service on July 29, 1981. Hereinafter to be called "disinfection standards").
(3) The ministry conducted disinfection because the documents submitted at the time of import application were not sufficient for the ministry to believe that the processing treatment in the case in question was sufficient to kill the causative agents of surveillance diseases. However, we have studied the materials submitted so far in consultation with experts and found that they are effective in deactivating the causative agent targeted by the disinfection of rabbit hair.
(4) For the reason above, the ministry will not require disinfection of rabbit hair in the future, if it is confirmed from an export inspection certificate, etc. that the processing treatment in question has been conducted.
(5) The complainant also referred to animal hair other than rabbit hair. However, the ministry has not required disinfection, such as fumigation, when it is confirmed from an inspection certificate or written explanation submitted by importers than causative agents of surveillance diseases can be inactivated by the processing treatment. The ministry will keep in close touch with importers and strive to take accurate and prompt measures.
5. Remarks
The specific substances of the corresponding policy are now being confirmed with the Ministry of Agriculture, Forestry and Fisheries.