| TOP |
| 7th Report of Market Access Ombudsman Council (March 18, 2002) |
1. Complainant: Tokyo Chamber of Commerce and Industry
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries: Ministry of Health, Labour and Welfare
3. Complaint:
In the light of frequent cases of bovine spongiform encephalopathy (BSE) in Europe, 1] the Ministry of Agriculture, Forestry and Fisheries, based on the Domestic Animal Infectious Diseases Control Law, suspended for the time being import of beef, etc. shipped from affected areas on and after January 1, 2001. Meanwhile, 2] the Ministry of Health, Labour and Welfare, based on the Food Sanitation Law, virtually rejected import of beef, etc. shipped in December 2000. Later, the ministry revised the Food Sanitation Law.
Since the measures taken by the Ministry of Agriculture, Forestry and Fisheries and the Ministry of Health, Labour and Welfare were different and the revised Food Sanitation Law was applied retroactively, importers and overseas operators were through into confusion and they suffered a huge loss.
If a similar problem occurs in the future, we want the ministries concerned to coordinate their view so that they will not take different measures. In addition, since a law revision has a far-reaching impact on importers and others, we would like the revised law not to be applied retroactively.
4. Corresponding Policy of the Ministries concerned:
Ministry of Agriculture, Forestry and Fisheries
(1) The Ministry of Agriculture, Forestry and Fisheries conducts import quarantine based on the Domestic Animal Infectious Diseases Control Law from the standpoint of preventing the entry into Japan of infectious diseases affecting livestock via animals or livestock imported from a foreign country.
(2) In light of the frequent cases of BSE in EU countries in 2000, the Ministry of Agriculture, Forestry and Fisheries took measures to suspend import from EU countries of beef, cow viscera and their process products, and processed animal protein (meat powder, bone powder, etc.) from January 2001 and of sheep and goat meat, their viscera and processed products from March 2001 in order to securely prevent the entry of BSE into Japan. (The quarantine measures for meat and bone powder, etc. were revised in October 2001, following the outbreak of BSE in Japan.)
(3) These measures were taken by the Ministry of Agriculture, Forestry and Fisheries from the standpoint of domestic animal quarantine on the basis the Domestic Animal Infectious Diseases Control Law and do not necessarily conform with the measures taken by the Ministry of Health, Labour and Welfare from the standpoint of preventing harm on public health on the basis of the Food Sanitation Law. However, the ministry intends to further increase cooperation and coordination with the Ministry of Health, Labour and Welfare in order to minimize confusion among importers.
Ministry of Health, Labour and Welfare
The Ministry of Health, Labour and Welfare, taking the outbreak of BSE into consideration, issued a notice to the heads of quarantine stations on December 22, 2000, asking them to lead businesses concerned not to import beef, etc. from EU countries effective the same day. The ministry revised the Enforcement Regulations of the Food Sanitation Law (ministerial ordinance) on February 15, 2001 and legally prohibited the import of meat, viscera and meat products originated from animals or livestock that have or may have been affected by BSE. Since cow that may have been affected by infectious spongiform encephalopathy may be processed, the ministry, based on the same law, prohibited the import of beef of the cow slaughtered, dismembered, cut, or sliced in EU countries.
The above measures were taken from the standpoint of ensuring the safety of imported beef and protecting people's health. Since it was necessary to take preventive measures promptly for public health, we don't think it was a matter for which interim measures should be adopted.
Since the revised Enforcement Regulations of the Food Sanitation Law that was promulgated and enforced on February 15 prohibits the import of beef, etc. that may have been affected by BSE from the same day onward, including beef for which import procedures were under way on February 15, it does not constitute retroactive application of the law.
The measures taken by the Ministry of Health, Labour and Welfare from the standpoint of preventing harm on public health on the basis of the Food Sanitation Law do not necessarily conform with the measures taken by the Ministry of Agriculture, Forestry and Fisheries from the standpoint of domestic animal quarantine on the basis the Domestic Animal Infectious Diseases Control Law. However, the ministry intends to further increase cooperation and coordination with other ministries and agencies concerned in order to minimize confusion among importers.
5. Remarks
The complainant accepted this policy.