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Electrical Appliances and Materials Safety Act - Act No. 116 of 2007

Electrical Appliances and Materials Safety Act

(Act No. 234 of November 16, 1961)

Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Notification of Business, etc. (Articles 3 to 7)
Chapter III Conformity Assessment of Electrical Appliances and Materials, etc. (Articles 8 to 26)
Chapter IV Restrictions on Sale, etc. (Articles 27 and 28)
Chapter V Registration of Conformity Assessment Bodies, etc.
Section 1 Registration of Conformity Assessment Bodies (Articles 29 to 32) Section 2 Domestic Registered Conformity Assessment Bodies (Articles 33 to
42-2)
Section 3 Foreign Registered Conformity Assessment Bodies (Articles 42-3 and 42-4)
Chapter V-2 Order for Hazard Prevention, etc. (Article 42-5) Chapter VI Miscellaneous Provisions (Articles 43 to 56)
Chapter VII Penal Provisions (Articles 57 to 61) Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to regulate the manufacture, sale, etc. of
Electrical Appliances and Materials and to foster voluntary activities by
private businesses to ensure the safety of Electrical Appliances and Materials, so as to prevent hazards and damages resulting therefrom.
(Definitions)
Article 2 (1) The term "Electrical Appliances and Materials" as used in this Act shall mean the following:
(i) Parts of electrical facilities for general use (meaning electrical facilities for
general use as prescribed in Article 38, paragraph (1) of the Electricity
Business Act (Act No. 170 of 1964)) and machines, appliances, and materials used in connection therewith, as specified by Cabinet Order;
(ii) Portable power generators as specified by Cabinet Order; and
(iii) Secondary batteries as stipulated by Cabinet Order.
(2) The term "Specified Electrical Appliances and Materials" as used in this Act
shall mean Electrical Appliances and Materials as specified by a Cabinet Order
which are particularly likely to cause hazards or damages because of their structures, methods of use, or other conditions of use.
Chapter II Notification of Business, etc. (Notification of Business)
Article 3 All persons engaged in manufacturing or importing Electrical
Appliances and Materials shall, within 30 days from the commencement of such business, notify the Minister of Economy, Trade and Industry of the
following items in accordance with the Electrical Appliance and Material
classification specified by Ordinance of the Ministry of Economy, Trade and
Industry:
(i) Name or trade name and address, and in the case of a juridical person, the name of the representative;
(ii) Classification by product type of the relevant Electrical Appliances and
Materials as specified by Ordinance of the Ministry of Economy, Trade and
Industry; and
(iii) Name and location of the plant or workplace where said Electrical
Appliances and Materials are manufactured (in the case of persons engaged in importing Electrical Appliances and Materials, the name or trade name
and address of the manufacturer of the Electrical Appliances and Materials).
(Succession)
Article 4 (1) When a person who has made a notification as set forth in the
preceding Article (hereinafter referred to as a "Notifying Supplier") assigns the whole of the business to which such notification pertains to another person, or when there is a succession, merger, or company split (limited to those resulting in the transfer of the whole of the business to which the notification pertains) involving the Notifying Supplier, the person who acquires the whole of the
business of the Notifying Supplier, the successor (or in the case of multiple
successors, one successor selected by unanimous agreement of all successors), the juridical person surviving the merger or newly established as a result of
the merger, or the juridical person that succeeds to the whole business as a
result of the company split shall succeed to the position of the Notifying
Supplier.
(2) Any person who has succeeded to the position of Notifying Supplier pursuant to the provisions of the preceding paragraph shall notify the Minister of
Economy, Trade and Industry of such succession without delay, and shall attach documentation to such notification evidencing such fact.
(Notification of Change)
Article 5 In the case of any change in the matters set forth in the items of
Article 3, the Notifying Supplier shall notify the Minister of Economy, Trade
and Industry of such change without delay; provided, however, that this shall not apply to a change in minor details as specified by Ordinance of the
Ministry of Economy, Trade and Industry.
(Notification of Permanent Cessation of Business)
Article 6 When a Notifying Supplier permanently ceases doing business to which the notification pertains, it shall notify the Minister of Economy, Trade and
Industry of such cessation without delay.
(Provision of Information Pertaining to Notified Matters)
Article 7 Any person may request that the Minister of Economy, Trade and Industry provide information pertaining to the matters listed in Article 3, items (i) and (ii).
Chapter III Conformity Assessment of Electrical Appliances and Materials, etc.
(Obligation of Standards Compliance, etc.)
Article 8 (1) A Notifying Supplier, when manufacturing or importing Electrical
Appliances and Materials of a product type pertaining to a notification given
pursuant to the provisions of Article 3 (hereinafter referred to as the "Product Type Specified in the Notification") shall comply with the technical standards specified by Ordinance of the Ministry of Economy, Trade and Industry
(hereinafter referred to as the "Technical Standards"); provided, however, that this shall not apply in the following cases:
(i) When the approval of the Minister of Economy, Trade and Industry has been obtained for the manufacture or import of Electrical Appliances and
Materials to be used for a specific application; or
(ii) When the manufacture or import is for experimental purposes.
(2) A Notifying Supplier shall conduct an assessment of the Electrical Appliances and Materials set forth in the preceding paragraph which are manufactured or
imported by the Notifying Supplier (excluding Electrical Appliances and
Materials manufactured or imported through the application of the proviso to the preceding paragraph) pursuant to Ordinance of the Ministry of Economy, Trade and Industry, and shall prepare and keep a record of said assessment.
(Conformity Inspection of Specified Electrical Appliances and Materials)
Article 9 (1) When the Electrical Appliances and Materials that are set forth in paragraph (1) of the preceding Article and manufactured or imported by a
Notifying Supplier (excluding Electrical Appliances and Materials manufactured or imported through application of the proviso to said
paragraph) are Specified Electrical Appliances and Materials, the Notifying
Supplier shall, before their sale, have them inspected with respect to the
following items (hereinafter referred to as a "Conformity Inspection") by an organization registered with the Minister of Economy, Trade and Industry
pursuant to the provisions of the following paragraph, and shall obtain and
retain the certificate set forth in said paragraph; provided, however, that this shall not apply in the case where the certificate set forth in said paragraph pertaining to item (ii) has already been obtained and retained for a Specified Electrical Appliance and Material of the same product type as said Specified
Electrical Appliance and Material and the period specified by Cabinet Order
for each Specified Electrical Appliance and Material, calculated from the day
on which said certificate was obtained, has not yet lapsed, or in the case where documentation specified by Ordinance of the Ministry of Economy, Trade and
Industry as the equivalent of the certificate set forth in said paragraph is retained:
(i) Said Specified Electrical Appliances and Materials; and
(ii) The Specified Electrical Appliances and Materials used for testing and the assessment facilities for said Specified Electrical Appliances and Materials which are in the Notifying Supplier's plant or workplace, and other matters as specified by Ordinance of the Ministry of Economy, Trade and Industry.
(2) The registered bodies set forth in the preceding paragraph shall conduct a Conformity Assessment of the matters listed in the items of said paragraph using a method specified by Ordinance of the Ministry of Economy, Trade and Industry, and when these matters are found to comply with the Technical
Standards and other standards specified by Ordinance of the Ministry of
Economy, Trade and Industry relating to the assessment facilities set forth in item (ii) of said paragraph and other matters specified by an Ordinance of the Ministry of Economy, Trade and Industry, it may issue to the Notifying
Supplier a certificate to that effect pursuant to Ordinance of the Ministry of
Economy, Trade and Industry.
(Labeling)
Article 10 (1) When a Notifying Supplier has performed its obligations pursuant to the provisions of Article 8, paragraph (2) (in the case of Specified Electrical Appliances and Materials, Article 8, paragraph (2) and Article 9, paragraph
(1)) concerning compliance with the Technical Standards for Electrical
Appliances and Materials of the product type pertaining to the notification, it may affix labeling to said Electrical Appliances and Materials in the form
specified by Ordinance of the Ministry of Economy, Trade and Industry.
(2) Except where a Notifying Supplier affixes labeling to the Electrical
Appliances and Materials of the product type pertaining to the notification
pursuant to the provisions of the preceding paragraph, no person shall affix
labeling as set forth in said paragraph or any other labeling similar thereto to the Electrical Appliances and Materials.
(Order for Improvement)
Article 11 When the Minister of Economy, Trade and Industry finds that a
Notifying Supplier has violated the provisions of Article 8, paragraph (1),
he/she may order the Notifying Supplier to take the necessary measures to improve the method of manufacturing, importing, or assessing Electrical
Appliances and Materials or other working methods.
(Prohibition on Labeling)
Article 12 In the cases listed in the following items, the Minister of Economy, Trade and Industry may prohibit, pursuant to the provisions of Article 10,
paragraph (1), a Notifying Supplier from affixing labeling to the Electrical
Appliances and Materials of the product type pertaining to a notification prescribed in those items for a specified period not exceeding one year:
(i) Where the Electrical Appliances and Materials of the product type
pertaining to the notification that were manufactured or imported by the
Notifying Supplier (excluding those manufactured or imported through the
application of the proviso to Article 8, paragraph (1)) do not comply with the
Technical Standards, and when deemed particularly necessary by the
Minister of Economy, Trade and Industry to prevent hazards or damages:
The product type pertaining to the notification and to which said Electrical Appliances and Materials that do not conform to said Technical Standards belong;
(ii) Where there has been a violation of Article 8, paragraph (2) or Article 9,
paragraph (1) with respect to the Electrical Appliances and Materials of the product type pertaining to the notification which were manufactured or
imported by the Notifying Supplier: The product type pertaining to the notification; or
(iii) Where there has been a violation of an order made pursuant to the
provisions of the preceding Article with respect to the Electrical Appliances and Materials of the product type pertaining to the notification which were manufactured or imported by the Notifying Supplier: The product type
pertaining to the notification, and to which the Electrical Appliances and
Materials pertaining to said violation belong. Article 13 Deleted.
Article 14 Deleted. Article 15 Deleted. Article 16 Deleted. Article 17 Deleted. Article 18 Deleted. Article 19 Deleted. Article 20 Deleted. Article 21 Deleted. Article 22 Deleted. Article 23 Deleted. Article 24 Deleted. Article 25 Deleted. Article 26 Deleted.
Chapter IV Restrictions on Sale, etc.
(Restrictions on Sale)
Article 27 (1) Any person engaged in manufacturing, importing, or selling
Electrical Appliances and Materials shall neither sell nor display for the
purpose of sale said Electrical Appliances and Materials unless the labeling set forth in Article 10, paragraph (1) is affixed to said Electrical Appliances and
Materials.
(2) The provisions of the preceding paragraph shall not apply if the person prescribed in said paragraph falls under either of the following items:
(i) When the person has obtained the approval of the Minister of Economy,
Trade and Industry in the case of the sale or display for the purpose of sale of the Electrical Appliances and Materials to be used for a specific
application; or
(ii) When the person sells or displays for the purpose of sale the Electrical
Appliances and Materials pertaining to the approval set forth in Article 8, paragraph (1), item (i).
(Restrictions on Use)
Article 28 (1) Electricity utilities as prescribed in Article 2, paragraph (1), item
(x) of the Electricity Business Act, persons who install electrical facilities for private use as prescribed in Article 38, paragraph (4) of said Act, Electrical
Engineers as prescribed in Article 2, paragraph (4) of the Electrical Engineers
Act (Act No. 139 of 1960), Qualified Electrical Engineering Specialists as prescribed in Article 3, paragraph (3) of said Act, and Certified Electrical
Engineers as prescribed in Article 3, paragraph (4) of said Act shall not use
Electrical Appliances and Materials in any construction to install or modify
electrical facilities as prescribed in Article 2, paragraph (1), item (xvi) of the Electricity Business Act unless the labeling set forth in Article 10, paragraph (1) is affixed thereto.
(2) Any person engaged in manufacturing products that are manufactured using
Electrical Appliances and Materials as parts or accessories and which are
specified by Cabinet Order shall not use Electrical Appliances and Materials in manufacturing such products unless the labeling set forth in Article 10,
paragraph (1) is affixed thereto.
(3) The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to the cases set forth in the preceding two paragraphs.
Chapter V Registration of Conformity Assessment Bodies, etc.
Section 1 Registration of Conformity Assessment Bodies
(Registration)
Article 29 (1) The registration set forth in Article 9, paragraph (1) shall be
carried out based on an application made by a person who intends to conduct a
Conformity Assessment for each classification of Specified Electrical
Appliances and Materials (hereinafter referred to as the "Classification of
Specified Electrical Appliances and Materials") specified by Ordinance of the
Ministry of Economy, Trade and Industry.
(2) Where the Minister of Economy, Trade and Industry has received an
application pursuant to the preceding paragraph, when he/she deems necessary, he/she may have the National Institute of Technology and Evaluation
(hereinafter referred to as "NITE") conduct the necessary examination to
determine whether or not said application conforms to the items of Article 31, paragraph (1).
(Disqualification)
Article 30 Any person who falls under any of the following items shall not be able to obtain the registration set forth in Article 9, paragraph (1):
(i) Any person who has violated this Act or a disposition pursuant to this Act, who has been punished by a fine or more severe punishment, and for whom two years have not passed since completion of said punishment or since the date on which the person ceased to be subject to the execution of said
punishment;
(ii) Any person for whom two years have not passed since his/her registration was rescinded pursuant to the provisions of Article 41 or Article 42-4,
paragraph (1); or
(iii) Any juridical person in which an officer engaged in duties falls under either of the preceding two items.
(Standards for Registration)
Article 31 (1) The Minister of Economy, Trade and Industry shall register any person who applies for registration pursuant to Article 29, paragraph (1)
(hereinafter referred to as the "Applicant" in this paragraph) when the
Applicant conforms to all of the following items. In this case, the procedures necessary for registration shall be specified by Ordinance of the Ministry of Economy, Trade and Industry:
(i) The Applicant conforms to the standards set by the International
Organization for Standardization and the International Electrotechnical
Commission for bodies that certify products; and
(ii) The Applicant does not fall under any of the following sub-items as a person controlled by a Notifying Supplier which manufactures or imports Specified Electrical Appliances and Materials for which a Conformity Inspection is
required pursuant to the provisions of Article 9, paragraph (1) (hereinafter
referred to as a "Supplier Subject to Conformity Inspection" in this item and
Article 37, paragraph (2)):
(a) In the case where the Applicant is a business corporation, an Applicant for whom the Supplier Subject to Conformity Assessment is the parent
juridical person (meaning the parent juridical person prescribed in Article
879, paragraph (1) of the Corporation Act (Act No. 86 of 2005))
(b) An Applicant for which more than half of the officers or employees (in the case of an equity company (meaning an equity company as prescribed in
Article 575, paragraph (1) of the Corporation Act), officers in charge of its operations) are officers or employees of the Supplier Subject to Conformity Assessment (including those who have been officers or employees of the
Supplier Subject to Conformity Assessment in the past two years); or
(c) The Applicant (for a juridical person, an officer having representation
power thereof) who is an officer or employee of a Supplier Subject to
Conformity Assessment (including those who were officers or employees of said Supplier Subject to Conformity Assessment in the past two years).
(2) The registration set forth in Article 9, paragraph (1) shall be completed by describing the following matters in the Registration Record for Conformity Assessment Bodies:
(i) Date of registration and registration number;
(ii) Name or trade name and address of the registered person as well as the name of the representative in the case of a juridical person;
(iii) Classification of Specified Electrical Appliances and Materials on which the registered person conducts Conformity Assessments; and
(iv) Name and location of the office where the registered person conducts
Conformity Assessments.
(Renewal of Registration)
Article 32 (1) If the registration set forth in Article 9, paragraph (1) is not renewed at an interval of not less than three years as specified by Cabinet
Order said registration shall cease to be in effect as of the time said interval
lapses.
(2) The provisions of the preceding three Articles shall apply mutatis mutandis to the renewal of registration set forth in the preceding paragraph.
Section 2 Domestic Registered Conformity Assessment Bodies
(Obligation to Conduct Conformity Assessment)
Article 33 (1) When any bodies that has obtained the registration set forth in
Article 9, paragraph (1) (limited to one that has obtained registration in terms
of conducting a Conformity Assessment at a place of business located in Japan;
hereinafter referred to as a "Domestic Registered Conformity Assessment
Bodies") is requested to conduct a Conformity Assessment, it shall conduct the
Conformity Assessment without delay except when there are justifiable grounds for not doing so.
(2) A Domestic Registered Conformity Assessment Bodies shall conduct
Conformity Assessments in a fair manner using a method that conforms to the
Technical Standards.
(Change of Place of Business)
Article 34 When a Domestic Registered Conformity Assessment Bodies intends to change the location of the place of business where it conducts Conformity
Assessments, it shall notify the Minister of Economy, Trade and Industry of such change of location at least two weeks prior to the date of said change.
(Operational Rules)
Article 35 (1) A Domestic Registered Conformity Assessment Bodies shall establish operational rules for its Conformity Assessments (hereinafter
referred to as the "Operational Rules") and shall notify the Minister of
Economy, Trade and Industry thereof prior to the commencement of
Conformity Assessment operations. The same shall apply when it intends to change said Operational Rules.
(2) The Operational Rules shall prescribe the method of conducting Conformity
Assessments, the method of calculating the fees relating to Conformity
Assessments, and any other matters specified by Ordinance of the Ministry of
Economy, Trade and Industry.
(Suspension or Abolition of Operations)
Article 36 When a Domestic Registered Conformity Assessment Bodies intends to suspend or abolish the whole or part of its Conformity Assessment
operations, it shall notify the Minister of Economy, Trade and Industry to that effect in advance, pursuant to Ordinance of the Ministry of Economy, Trade
and Industry.
(Preparation and Inspection of Financial Statements, etc.)
Article 37 (1) A Domestic Registered Conformity Assessment Bodies shall prepare an inventory of property, a balance sheet, and a profit and loss
statement or income and expenditures account statement, as well as an
operating statement (including electromagnetic records in the case where such documents are prepared in the form of electromagnetic records (records
prepared by electronic means, magnetic means or any other means that cannot
be recognized by human perception, which are used for information processing by computer; hereinafter the same shall apply in this Article), or in the case
where electromagnetic records are prepared in place of records in paper form;
hereinafter referred to as "Financial Statements, etc." in the next paragraph and Article 60, item (ii)) within three months from the end of each business year, and shall keep them in its place of business for five years.
(2) Suppliers Subject to Conformity Assessment and other interested persons
may make the following requests at any time within the business hours of a
Domestic Registered Conformity Assessment Bodies; provided, however, that
they shall pay the fees set by the Domestic Registered Conformity Assessment
Bodies for the requests set forth in item (ii) and (iv):
(i) When Financial Statements, etc. have been prepared in writing, a request to inspect or photocopy such documents;
(ii) A request for a copy or extract of the documents set forth in the preceding
item;
(iii) When Financial Statements, etc. have been prepared in the form of
electromagnetic records, a request to inspect or copy those which display the matters that have been recorded in the electromagnetic records by a method as specified by Ordinance of the Ministry of Economy, Trade and Industry;
and
(iv) A request to be provided with the matters recorded in the electromagnetic records set forth in the preceding paragraph by electromagnetic means as
specified by an Ordinance of the Ministry of Economy, Trade and Industry, or
a request for to be issued documents in which said matters are described. Article 38 Deleted.
Article 39 Deleted.
(Order for Compliance)
Article 40 When the Minister of Economy, Trade and Industry finds that a
Domestic Registered Conformity Assessment Bodies has ceased to comply with any of the items of Article 31, paragraph (1), he/she may order it to take the necessary measures to comply with said item.
(Order for Improvement)
Article 40-2 When the Minister of Economy, Trade and Industry finds that a
Domestic Registered Conformity Inspection Bodies is in violation of the provisions of Article 33, he/she may order it to undergo a Conformity
Inspection or to take necessary measures to improve its methods for conducting
Conformity Inspections or its methods for performing its other business operations.
(Rescission of Registration, etc.)
Article 41 When a Domestic Registered Conformity Assessment Bodies falls
under any of the following items, the Minister of Economy, Trade and Industry may rescind the registration thereof or may order the suspension of the whole or part of the Conformity Assessment operations for a specified period:
(i) When the Domestic Registered Conformity Assessment Bodies has come to fall under Article 30, item (i) or (iii);
(ii) When the Domestic Registered Conformity Assessment Bodies has violated the provisions of Article 33, Article 34, Article 35, paragraph (1), Article 36, Article 37, paragraph (1), or Article 42;
(iii) When the Domestic Registered Conformity Assessment Bodies has refused
a request made pursuant to the provisions of any item of Article 37,
paragraph (2) without justifiable grounds;
(iv) When the Domestic Registered Conformity Assessment Bodies has violated an order pursuant to the provisions of the preceding two Articles; or
(v) When the Domestic Registered Conformity Assessment Bodies has obtained registration as set forth in Article 9, paragraph (1) by wrongful means.
(Statements on the Books)
Article 42 (1) A Domestic Registered Conformity Assessment Bodies shall
prepare its books and state therein the matters specified by Ordinance of the
Ministry of Economy, Trade and Industry relating to Conformity Assessment. (2) The books set forth in the preceding paragraph shall be retained pursuant to
Ordinance of the Ministry of Economy, Trade and Industry.
(Execution of Conformity Assessments by the Minister of Economy, Trade and
Industry)
Article 42-2 (1) The Minister of Economy, Trade and Industry may him/herself conduct the whole or part of the Conformity Assessment operations when there is no person who is able to obtain the registration set forth in Article 9,
paragraph (1), when a notification of suspension or abolition of the whole or
part of the Conformity Assessment operations has been issued pursuant to
Article 36, when the Minister has, pursuant to the provisions of Article 41,
rescinded the registration set forth in said paragraph or ordered a Domestic
Registered Conformity Assessment Bodies to suspend the whole or part of its
Conformity Assessment operations, when it has become difficult for a Domestic Registered Conformity Assessment Bodies to conduct the whole or part of its Conformity Assessment operations due to a natural disaster or other reason, or other cases when the Minister deems necessary.
(2) The Minister of Economy, Trade and Industry may, when he/she deems
necessary in the case set forth in the preceding paragraph, have the National
Institute of Advanced Industrial Science and Technology (hereinafter referred to as "AIST") or NITE conduct the whole or part of the Conformity Assessment operations.
(3) Succession to Conformity Assessment operations or any other necessary
matters in the case where the Minister of Economy, Trade and Industry him/herself conducts or has AIST or NITE conduct the whole or part of the
Conformity Assessment operations pursuant to the provisions of the preceding
two paragraphs shall be specified by Ordinance of the Ministry of Economy, Trade and Industry.
Section 3 Foreign Registered Conformity Assessment Bodies
(Obligation to Conduct Conformity Assessment, etc.)
Article 42-3 (1) When any bodies that has obtained the registration set forth in Article 9, paragraph (1) (limited to one that has obtained registration in terms of conducting a Conformity Assessment at a place of business overseas;
hereinafter referred to as a "Foreign Registered Conformity Assessment
Bodies") is requested to conduct a Conformity Assessment, it shall conduct said
Conformity Assessment without delay except when there are justifiable grounds for not doing so.
(2) The provisions of Article 33, paragraph (2), Articles 34 through 37, Article 40,
Article 40-2, and Article 42 shall apply mutatis mutandis to Foreign Registered
Conformity Assessment Bodies. In this case, the term "order" in Article 40 and
40-2 shall be deemed to be replaced with "request."
(Rescission of Registration, etc.)
Article 42-4 (1) When a Foreign Registered Conformity Assessment Bodies falls under any of the following items, the Minister of Economy, Trade and Industry may rescind the registration thereof:
(i) When the Foreign Registered Conformity Assessment Bodies has come to
fall under Article 30, item (i) or (iii);
(ii) When the Foreign Registered Conformity Assessment Bodies has violated the provisions of Article 42-3, paragraph (1), or the provisions of Article 33, paragraph (2), Article 34, Article 35, paragraph (1), Article 36, Article 37,
paragraph (1), or Article 42, as applied mutatis mutandis pursuant to paragraph (2) of the preceding Article;
(iii) When the Foreign Registered Conformity Assessment Bodies has refused a request made pursuant to any of the items of Article 37, paragraph (2), as
applied mutatis mutandis pursuant to paragraph (2) of the preceding Article,
without justifiable grounds;
(iv) When the Foreign Registered Conformity Assessment Bodies has refused a request made pursuant to the provisions of Article 40 or Article 40-2, as
applied mutatis mutandis pursuant to paragraph (2) of the preceding Article; (v) When the Foreign Registered Conformity Assessment Bodies has obtained
the registration set forth in Article 9, paragraph (1) by wrongful means;
(vi) When the Foreign Registered Conformity Assessment Bodies has refused a request for suspension of the whole or part of Conformity Assessment
operations for a specified period by the Minister of Economy, Trade and
Industry upon his/her finding the Foreign Registered Conformity Assessment
Bodies to fall under any of the preceding items;
(vii) When the Foreign Registered Conformity Assessment Bodies has failed to submit a report or has submitted a fraudulent report upon a request by the Minister of Economy, Trade and Industry to submit a report on its operations
as he/she deems necessary;
(viii) When the Foreign Registered Conformity Assessment Bodies has refused, obstructed, or avoided inspection, or has, without any justifiable grounds,
failed to make a statement in response to questions or has made a false
statement, in the case where the Minister of Economy, Trade and Industry
intended to have his/her officer inspect the matters prescribed in Article 46,
paragraph (2) or to have him/her ask questions of the relevant persons at the office or place of business of the Foreign Registered Conformity Assessment Bodies; or
(ix) When the Foreign Registered Conformity Assessment Bodies does not bear
the expenses pursuant to the provisions of the next paragraph
(2) Expenses required for the inspection set forth in item (viii) of the preceding paragraph (limited to those specified by Cabinet Order) shall be borne by the Foreign Registered Conformity Assessment Bodies which is subject to
inspection.
(3) The Minister of Economy, Trade and Industry may, when he/she deems necessary, have NITE conduct the inspection or ask questions pursuant to the provisions of paragraph (1), item (viii).
(4) When the Minister of Economy, Trade and Industry has NITE conduct the
inspection or ask questions pursuant to the provisions of the preceding
paragraph, he/she shall instruct NITE to do so while designating the place of the inspection and any other necessary matters.
(5) When NITE has conducted an inspection or asked questions prescribed in
paragraph (3) following the instructions set forth in the preceding paragraph, it shall report the results to the Minister of Economy, Trade and Industry.
Chapter V-2 Order for Hazard Prevention, etc. (Order for Hazard Prevention, etc.)
Article 42-5 Where there seems to be a risk of the occurrence of hazards or
damages as a result of either of the causes listed in the following items, the
Minister of Economy, Trade and Industry may, when he/she deems it
particularly necessary in order to prevent the spread of such hazards or
damages, order the person prescribed in the respective items to recall the Electrical Appliances and Materials that said person has sold or to take any other necessary measures to prevent the spread of the hazards or damages
caused by said Electrical Appliances and Materials:
(i) The person engaged in manufacturing, importing, or selling Electrical
Appliances and Materials has sold Electrical Appliances and Materials in violation of Article 27, paragraph (1); or
(ii) A Notifying Supplier has manufactured, imported, or sold Electrical
Appliances and Materials of the product type specified in the notification
which do not conform to the Technical Standards (excluding the cases where
a Notifying Supplier has manufactured or imported the Electrical Appliances and Materials pursuant to the proviso to Article 8, paragraph (1)).
Chapter VI Miscellaneous Provisions
(Conditions on Approval)
Article 43 (1) Conditions may be attached to the approval to be granted under
Article 8, paragraph (1), item (i) or Article 27, paragraph (2), item (i).
(2) The conditions set forth in the preceding paragraph shall be limited to the minimum required to ensure the successful implementation of the matters
concerning the approval, and shall not impose any unreasonable obligation on the person who is to obtain said approval.
(Public Notice)
Article 44 In any of the following cases, the Minister of Economy, Trade and
Industry shall place a public notice of the relevant matters in the official gazette:
(i) When the Minister has made a registration under Article 9, paragraph (1); (ii) When the Minister has prohibited labeling pursuant to Article 12;
(iii) When the Minister has received a notification given under Article 34
(including the cases where it is applied mutatis mutandis pursuant to Article
42-3, paragraph (2));
(iv) When the Minister has received a notification given under Article 36
(including the cases where it is applied mutatis mutandis pursuant to Article
42-3, paragraph (2));
(v) When the Minister has rescinded a registration or ordered the suspension of
Conformity Assessment operations pursuant to Article 41;
(vi) When the Minister conducts the whole or part of the Conformity
Assessment operations him/herself pursuant to Article 42-2, paragraph (1), or when he/she ceases to perform the whole or part of the Conformity
Assessment operations that he/she had conducted him/herself;
(vii) When the Minister has AIST or NITE conduct the whole or part of the Conformity Assessment operations pursuant to Article 42-2, paragraph (2), or ceases to have AIST or NITE conduct the whole or part of Conformity
Assessment operations that AIST or NITE had conducted; or
(viii) When the Minister has rescinded a registration pursuant to Article 42-4, paragraph (1).
(Collection of Reports)
Article 45 (1) The Minister of Economy, Trade and Industry may, to the extent
necessary for the enforcement of this Act, pursuant to the provisions of Cabinet Order, have persons engaged in manufacturing, importing, or selling Electrical Appliances and Materials or persons engaged in business as prescribed in
Article 28, paragraph (2) report on their operations.
(2) The Minister of Economy, Trade and Industry may, to the extent necessary for the enforcement of this Act, have Domestic Registered Conformity
Assessment Bodies report on their operational or financial conditions.
(On-site Inspections, etc.)
Article 46 (1) The Minister of Economy, Trade and Industry may, to the extent necessary for the enforcement of this Act, have officials of the Ministry of
Economy, Trade and Industry enter the offices, factories, workplaces, stores, or warehouses of persons engaged in manufacturing, importing, or selling
Electrical Appliances and Materials or persons engaged in business as
prescribed in Article 28, paragraph (2), inspect the Electrical Appliances and
Materials, books, documents, and any other objects, or ask questions of the relevant persons.
(2) The Minister of Economy, Trade and Industry may, to the extent necessary for the enforcement of this Act, have officials of the Ministry of Economy,
Trade and Industry enter the offices or places of business of Domestic
Registered Conformity Assessment Bodies, inspect their operational conditions or books, documents, and any other objects, or ask questions of the relevant
persons.
(3) The officials who conduct on-site inspections or ask questions pursuant to the preceding two paragraphs shall carry a certificate of identification and shall
show it to the relevant persons.
(4) The Minister of Economy, Trade and Industry may, when he/she deems necessary, have NITE conduct an on-site inspection or ask questions pursuant to paragraph (1) or paragraph (2).
(5) The Minister of Economy, Trade and Industry shall, when he/she has NITE
conduct an on-site inspection or ask questions pursuant to the preceding
paragraph, give instructions to NITE with respect to the site to be inspected and any other necessary matters.
(6) NITE shall, when having conducted an on-site inspection or asked questions as prescribed in paragraph (4) following the instructions given under the
preceding paragraph, report the results thereof to the Minister of Economy, Trade and Industry.
(7) Any employee of NITE who conducts an on-site inspection or asks questions
pursuant to paragraph (4) shall carry a certificate of identification and show it to the relevant persons.
(8) The authority under paragraph (1) or paragraph (2) shall not be construed to allow criminal investigations.
(Submission of Electrical Appliances and Materials)
Article 46-2 (1) Where the Minister of Economy, Trade and Industry has had officials of the Minister of Economy, Trade and Industry conduct an inspection pursuant to paragraph (1) of the preceding Article or has had NITE conduct an inspection pursuant to paragraph (4) of the same Article, and any Electrical
Appliances and Materials are found to be difficult for the ministry officials or
NITE to inspect at the place where they are located, the Minister may order
the owner or possessor of such Electrical Appliances and Materials to submit them within a certain time limit.
(2) The national government (or the relevant prefectural government in the event that the prefectural governor, pursuant to the provisions of the Cabinet Order
specified in Article 55-2, takes charge of the affairs that fall within the
authority of the Minister of Economy, Trade and Industry under the preceding paragraph) shall compensate the owner or possessor for any loss arising from an order issued under the preceding paragraph.
(3) The loss to be compensated under the preceding paragraph shall be any such
loss that would generally arise from the order issued under paragraph (1).
(Order to NITE)
Article 46-3 The Minister of Economy, Trade and Industry may, when he/she deems necessary in order to ensure the appropriate implementation of the inspection or questioning operations as prescribed in Article 42-4, paragraph (3), or the on-site inspection or questioning operations prescribed in Article 46, paragraph (4), issue the necessary order to NITE with respect to said
operations.
Article 47 Deleted Article 48 Deleted Article 49 Deleted
(Request for Review of Dispositions, etc. Made by AIST or NITE)
Article 50 Any person who is dissatisfied with a disposition made by AIST or
NITE or with their inaction in regard to a Conformity Assessment may make a request for review with the Minister of Economy, Trade and Industry pursuant to the Administrative Appeal Act (Act No. 160 of 1962).
(Hearing of Opinions in Appeal Proceedings)
Article 51 (1) A determination or decision on a request for review or on an
objection with respect to a disposition made pursuant to this Act or any order issued hereunder shall be made after giving a reasonable period of advance
notice to the person subject to the disposition and after holding a public hearing.
(2) The advance notice set forth in the preceding paragraph shall specify the date and place of the hearing and the content of the case concerned.
(3) When holding a public hearing as set forth in paragraph (1), the person
subject to the disposition and any interested persons shall be given the
opportunity to present evidence and state their opinions with regard to the case.
(Application for Conformity Assessment, and Order of the Minister of Economy, Trade and Industry)
Article 52 (1) A Notifying Supplier may, where a Domestic Registered
Conformity Assessment Bodies does not conduct a Conformity Assessment or where the Notifying Supplier has objections to the results of the Conformity Assessment conducted by a Domestic Registered Conformity Assessment
Bodies, file an application to requesting that the Minister of Economy, Trade
and Industry order the Domestic Registered Conformity Assessment Bodies to conduct or to repeat the Conformity Assessment.
(2) Where the Minister of Economy, Trade and Industry has received an
application under the preceding paragraph, in the event that he/she finds that the Domestic Registered Conformity Assessment Bodies specified in the
application is in violation of Article 33, he/she shall issue an order under Article 40-2 to the Domestic Registered Conformity Assessment Bodies specified in the application.
(3) In the case referred to in the preceding paragraph, the Minister of Economy, Trade and Industry shall, when he/she has issued an order under Article 40-2
or has decided not to issue an order, notify the Notifying Supplier that filed the application of his/her decision without delay.
(4) The provisions of the preceding three paragraphs shall apply mutatis
mutandis to Foreign Registered Conformity Assessment Bodies. In this case, the term "order" in paragraph (1) shall be deemed to be replaced with
"request"; the term "Article 33" in paragraph (2) shall be deemed to be replaced
with "Article 42-3, paragraph (1), or Article 33, paragraph (2) as applied
mutatis mutandis pursuant Article 42-3, paragraph (2)"; the term "Article 40-
2" in paragraph (2) and the preceding paragraph shall be deemed to be
replaced with "Article 40-2 as applied mutatis mutandis pursuant to Article 42-
3, paragraph (2)," and the term "order" shall be deemed to be replaced with
"request."
(Fees)
Article 53 (1) A person who intends to undergo a Conformity Assessment
conducted by the Minister of Economy, Trade and Industry pursuant to Article
42-2, paragraph (1) or a Conformity Assessment conducted by AIST or NITE
pursuant to paragraph (2) of the same Article shall pay the fees determined by
Cabinet Order in light of the actual costs.
(2) The fees paid under the preceding paragraph shall be regarded as national revenue where it is paid by a person who intends to undergo a Conformity
Assessment conducted by the Minister of Economy, Trade and Industry, as income of AIST where it is paid by a person who intends to undergo a
Conformity Assessment conducted by AIST, or as income of NITE where it is paid by a person who intends to undergo a Conformity Assessment conducted by NITE.
(Special Provisions on Electrical Appliances and Materials Intended for
Export)
Article 54 Electrical Appliances and Materials intended for export may be
excluded from the application of some provisions of this Act and subject to special provisions as necessary.
(Transitional Measures)
Article 55 When enacting, revising, or repealing a Cabinet Order or Ordinance of the Ministry of Economy, Trade and Industry pursuant to this Act, necessary
transitional measures may be provided for by Cabinet Order or an Ordinance of the Ministry of Economy, Trade and Industry to the extent considered
reasonably necessary for said enactment, revision, or repeal.
(Affairs Administered by Prefectural Governments)
Article 55-2 Part of the affairs within the authority of the Ministry of Economy, Trade and Industry prescribed in this Act may be administered by prefectural governors pursuant to the provisions of Cabinet Order.
(Delegation of Authority)
Article 56 The authority of the Ministry of Economy, Trade and Industry under this Act may be delegated to the Director of a Regional Bureau of Economy,
Trade and Industry or the Director of a Regional Industrial Safety and
Inspection Department pursuant to the provisions of Cabinet Order.
Chapter VII Penal Provisions
Article 57 A person who falls under any of the following items shall be punished by imprisonment with work for not more than one year or a fine of not more
than one million yen, or both:
(i) A person who has affixed labels, in violation of Article 10-2;
(ii) A person who has violated Article 12 (limited to the part concerning item
(i));
(iii) A person who has sold or displayed for sale Electrical Appliances and
Materials, in violation of Article 27, paragraph (1);
(iv) A person who has used Electrical Appliances and Materials, in violation of
Article 28, paragraph (1) or paragraph (2);
(v) A person who has violated a suspension of operations order issued under
Article 41; and
(vi) A person who has violated an order issued under Article 42-5.
Article 58 A person who falls under any of the following items shall be punished by a fine of not more than 300,000 yen:
(i) A person who has failed to provide notification under Article 3 or who has
provided fraudulent notification.
(ii) A person who has failed to make assessment records, who has made
fraudulent assessment records, or who has failed to preserve assessment records, in violation of Article 8, paragraph (2);
(iii) A person who has failed to obtain or preserve a certificate, in violation of
Article 9, paragraph (1);
(iv) A person who has failed to provide notification under Article 36 or who has provided fraudulent notification;
(v) A person who has failed to state in the books the matters prescribed in
Article 42, paragraph (1), in violation of said paragraph, or who has made false statements or has failed to preserve the books, in violation of paragraph (2) of the same Article.
(vi) A person who has failed to make reports under Article 45, paragraph (1) or
paragraph (2), or who has made fraudulent reports;
(vii) A person who has refused, obstructed, or avoided an inspection under
Article 46, paragraph (1) or paragraph (2), who has, without justifiable
grounds, failed to make statements in response to questions asked under the same paragraph, or who has made false statements; and
(viii) A person who has violated an order issued under Article 46-2, paragraph
(1).
Article 59 Where the representative of a juridical person or an agent, employee, or other worker of a juridical person or an individual has, with regard to the
operations of the juridical person or the duties of the individual, committed the violations prescribed in the following items, the individual offender shall be
punished by the fine prescribed in the relevant Article and by the fine prescribed in the following items:
(i) Article 57 (limited to the parts concerning item (ii) and item (vi)): A fine of not more than 100 million yen; and
(ii) Article 57 (excluding the parts concerning item (ii) and item (vi)) or the preceding Article: The fines prescribed in the respective Articles.
Article 60 A person who falls under any of the following items shall be subject to an administrative fine of not more than 200,000 yen:
(i) A person who has failed to provide notification under Article 4, paragraph
(2), Article 5, or Article 6, or who has provided fraudulent notification; and
(ii) A person who has failed to retain Financial Statements, etc., who has failed to state the necessary matters in the Financial Statements, etc., has made false statements or who has, without justifiable grounds, refused a request made under the items of paragraph (2) of the same Article, in violation of
Article 37, paragraph (1).
Article 61 In the event of the violation of an order issued under Article 46-3, the officer of NITE who has committed the violation shall be subject to an
administrative fine of not more than 200,000 yen.
Supplementary Provisions [Extract] (Effective date)
Article 1 This Act shall come into force as of the date set by Cabinet Order, no more than nine months from the day of its promulgation; provided, however,
that the provisions set forth in Article 49 shall come into force as of the day of promulgation.
(Transitional Measures)
Article 3 A person who has obtained approval for product types under Article 3 or Article 4 of the old Ordinance as of the time of the enforcement of this Act shall be deemed to have obtained approval for classifications equivalent to said product types under Article 18 or Article 23, paragraph (1). In this case, with
regard to the application of the provisions of Article 24, paragraph (1)
concerning a person who obtained approval for product types before March 31,
1958, that person shall be deemed to have obtained said approval on April 1,
1958.
Article 4 In addition to what is provided in the preceding two Articles, any
dispositions, procedures, or other acts carried out pursuant to the provisions of the old Ordinance shall be deemed to have been carried out pursuant to the
provisions of this Act where there are equivalent provisions in this Act.
Article 5 With regard to the application of penal provisions to acts committed
prior to the enforcement of this Act, the provisions then in force shall remain applicable.
Supplementary Provisions [Act No. 161 of September 15, 1962] [Extract] (1) This Act shall come into force as of October 1, 1962.
(2) The provisions revised by this Act shall also apply to dispositions by
administrative agencies prior to the enforcement of this Act, inaction by
administrative agencies prior to the enforcement of this Act, and any other
matters that occurred prior to the enforcement of this Act, except when there are special provisions in these Supplementary Provisions; provided, however, that this shall not impair the effectiveness of this Act.
(3) With regard to a petition, application for examination, filing of an objection,
or any other appeal (hereinafter referred to as "Petitions, etc.") filed prior to the enforcement of this Act, the provisions then in force shall remain
applicable after the enforcement of this Act. The same shall apply to Petitions, etc. in the case where a person is dissatisfied with any determination, decision, or other disposition (hereinafter referred to as "Determination, etc.") on
Petitions, etc. filed prior to the enforcement of this Act or on any
Determination, etc. given after the enforcement of this Act on Petitions, etc. filed prior to the enforcement of this Act.
(4) Among Petitions, etc. prescribed in the preceding paragraph, those concerning dispositions for which appeals may be filed under the Administrative Appeal
Act after the enforcement of this Act shall, with regard to the application of
Acts other than said Act, be deemed to be appeals filed under the
Administrative Appeal Act.
(5) Appeals under the Administrative Appeal Act may not be filed against
Determinations, etc. on applications for examination, the filing of objections, or any other appeals filed after the enforcement of this Act pursuant to the
provisions of paragraph (3).
(6) With regard to dispositions by administrative agencies prior to the
enforcement of this Act for which Petitions, etc. may be filed pursuant to the
relevant provisions prior to their revision by this Act and where the period for filing is unspecified, the period during which appeals may be filed under the
Administrative Appeal Act shall be counted as of the day of enforcement of this
Act.
(8) With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain
applicable.
(9) In addition to what is provided in the preceding eight paragraphs, the necessary transitional measures concerning the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 170 of July 11, 1964] [Extract]
(1) This Act shall come into force as of the date specified by Cabinet Order, no more than one year from the day of its promulgation.
Supplementary Provisions [Act No. 56 of May 20, 1968]
This Act shall come into force as of the date specified by Cabinet Order, no more than six months from the day of its promulgation.
Supplementary Provisions [Act No. 27 of April 24, 1978] [Extract] (Effective Date)
(1) This Act shall come into force as of the date of its promulgation; provided,
however, that the provisions of Article 1 to revise Article 11, paragraph (1) of
the Act on Real Estate Appraisal, the provisions of Article 2, Article 3, Article 5, and Article 6, the provisions of Article 19 to revise Article 107, paragraph (1) of
the Patent Act, the provisions of Article 20 to revise Article 31, paragraph (1)
of the Utility Model Act, the provisions of Article 21 to revise Article 42,
paragraph (1) and paragraph (2) of the Design Act, the provisions of Article 22
to revise Article 40, paragraph (1) and paragraph (2) of the Trademark Act, the provisions of Article 28 to revise Article 5, paragraph (2) of the Interpreter
Guide Act, and the provisions of Article 29 and Article 30 shall come into force as of May 1, 1978.
Supplementary Provisions [Act No. 45 of May 19, 1981] [Extract] (Effective Date)
(1) This Act shall come into force as of the day of its promulgation.
Supplementary Provisions [Act No. 57 of May 25, 1983] [Extract] (Effective Date)
Article 1 This Act shall come into force as of the date specified by Cabinet Order, no more than three months from the day of promulgation.
(Transitional Measures in accordance with the Partial Revision of the
Electrical Appliance and Material Control Act)
Article 3 (1) When a person who had obtained registration under Article 17-2 of the Electrical Appliance and Material Control Act revised by Article 6
(hereinafter referred to as the "New Electrical Appliance and Material Act" in this paragraph) (hereinafter such person shall be referred to as a "Foreign
Registered Manufacturer" in this paragraph) received confirmation from the
Minister of International Trade and Industry with regard to a product type
defined as Class-A Electrical Appliances and Materials as set forth in Article 2, paragraph (2) of the New Electrical Appliance and Material Act which he/she
manufactures and for which an importer of Class-A Electrical Appliances and
Materials as set forth in Article 23, paragraph (1) of the New Electrical
Appliance and Material Act had obtained approval under the same paragraph at the time of the enforcement of this Act that said product type belongs to the business category set forth in Article 17-2 of the New Electrical Appliance and Material Act in which he/she had obtained said registration, said Foreign
Registered Manufacturer shall be deemed to have obtained approval under
Article 25-3, paragraph (1) of the New Electrical Appliance and Material Act with regard to said Class-A Electrical Appliances and Materials.
(2) When the Minister of International Trade and Industry has given
confirmation as set forth in the preceding paragraph, he/she shall place a public notice to that effect in an official gazette.
(3) A person who intends to receive confirmation as set forth in paragraph (1)
shall pay the fees specified by Cabinet Order, calculated by taking into consideration actual expenses.
Supplementary Provisions [Act No. 23 of May 1, 1984] [Extract] (Effective Date)
(1) This Act shall come into force as of the day on which 20 days have elapsed
since the day of its promulgation.
Supplementary Provisions [Act No. 84 of September 1, 1987] [Extract] (Effective Date)
Article 1 This Act shall come into force as of the day on which one year has elapsed since the day of its promulgation.
Supplementary Provisions [Act No. 89 of November 12, 1993] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the effective date of the
Administrative Procedure Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions upon Appeal, etc.)
Article 2 Where, prior to the enforcement of this Act, an appeal or other request has been filed under laws and regulations with a council or with any other
panel to demand that proceedings equivalent to those for holding hearings, for granting the opportunity to explain, or any other proceedings to hear
statements of opinion as prescribed in Article 13 of the Administrative
Procedure Act be implemented, with regard to proceedings for adverse
dispositions pertaining to such appeals or demands,, the provisions then in force shall remain applicable notwithstanding the provisions of the relevant Acts revised by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(Transitional Measures upon Arrangement of Provisions on Hearings)
Article 14 Proceedings for hearings (excluding, however, those concerning
adverse dispositions) implemented under Acts prior to the enforcement of this Act or proceedings incidental thereto, shall be deemed to have been carried out under the relevant provisions of the Acts revised by this Act.
(Delegation to Cabinet Order)
Article 15 In addition to what is provided in Article 2 through the preceding
Article of the Supplementary Provisions, the necessary transitional measures concerning the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 75 of April 21, 1995] [Extract] (Effective Date)
Article 1 This Act shall come into force as of the date specified by Cabinet Order,
no more than nine months from the day of its promulgation.
Supplementary Provisions [Act No. 33 of April 9, 1997] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the day of its promulgation.
(Transitional Measures in Accordance with the Partial Revision of the
Electrical Appliance and Material Control Act)
Article 14 Where a transfer, inheritance, or merger of the whole of a business has taken place prior to the enforcement of Article 13, the provisions of Article
26-2, paragraph (2) and paragraph (3) and of Article 26-3, paragraph (2) and paragraph (3) of the Electrical Appliance and Material Control Act as revised by Article 13 shall not apply to the assignee, heir, juridical person surviving
the merger, or the juridical person newly established upon the merger of the whole of the business.
(Transitional Measures Concerning Penal Provisions)
Article 17 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act and acts committed after the enforcement of this Act, in the case where the provisions then in force remain applicable as set forth in the Supplementary Provisions of this Act, the provisions then in force shall remain applicable.
(Delegation to Cabinet Order)
Article 18 In addition to what is provided in Article 2 to the preceding Article of the Supplementary Provisions, the necessary transitional measures pertaining to the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 50 of May 21, 1999] [Extract] (Effective Date)
Article 1 This Act shall come into force as of March 21, 2000.
Supplementary Provisions [Act No. 87 of July 16, 1999] [Extract] (Effective Date)
Article 1 This Act shall come into force as of April 1, 2000; provided, however,
that the provisions set forth in the following items shall come into force as of the date specified in each item:
(i) The provisions in Article 1 to revise the Local Autonomy Act (limited, however, to the part concerning Article 250-9, paragraph (1) of said Act
(limited, however, to the part concerning the requirement of consent of both
Houses)) by adding five Articles, a Section title, and two Subsections and their titles following Article 250; the provisions of Article 40 to revise
paragraph (9) and paragraph (10) of the Supplementary Provisions of the
Natural Parks Act (limited, however, to the part concerning paragraph (10)
of the Supplementary Provisions of said Act); the provisions of Article 244
(excluding, however, the part concerning the provisions to revise Article 14-3 of the Agricultural Improvement and Promotion Act); the provisions of
Article 472 (excluding, however, the part concerning the provisions to revise
Article 6, Article 8, and Article 17 of the Act on Special Provisions
Concerning Mergers of Municipalities); and the provisions of Article 7,
Article 10, Article 12, the proviso in Article 59, Article 60, paragraph (4) and paragraph (5), Article 73, Article 77, Article 157, paragraph (4) through
paragraph (6), Article 160, Article 163, Article 164, and Article 202 of the
Supplementary Provisions: the date of the promulgation of this Act;
(Affairs of the State, etc.)
Article 159 In addition to what is provided in the relevant Acts prior to their
revision by this Act, affairs that are to be managed or performed, prior to the enforcement of this Act, by an agency of a local public entity on behalf of the
State, another local public entity, or any other public organization pursuant to
Acts or Cabinet Order enacted thereunder (hereinafter referred to as "Affairs of the State, etc." in Article 161 of the Supplementary Provisions) shall, after the
enforcement of this Act, be handled by the local public entity as its own affairs
pursuant to Acts or Cabinet Order enacted thereunder.
(Transitional Measures Concerning Dispositions, Applications, etc.)
Article 160 (1) With respect to dispositions to grant licenses or approval, etc. and other acts carried out, prior to the enforcement of this Act (or the respective
provisions listed in the items of Article 1 of the Supplementary Provisions;
hereinafter the same shall apply in this Article and Article 163 of the
Supplementary Provisions), pursuant to the relevant Acts prior to their revision (hereinafter referred to as "Dispositions and Other Acts" in this
Article) or applications for licenses or approval, etc. and other acts carried out,
prior to the enforcement of this Act, pursuant to the relevant Acts prior to their revision (hereinafter referred to as "Applications and Other Acts" in this
Article), if administrative affairs pertaining to these acts come under the
jurisdiction of different persons on the date of the enforcement of this Act,
these acts, except those prescribed in Article 2 through the preceding Article in the Supplementary Provisions or in the provisions of the respective revised
Acts (including orders issued thereunder) concerning transitional measures,
shall be deemed, with regard to the application of the respective revised Acts after the date of enforcement of this Act, as Dispositions and Other Acts or
Applications and Other Acts carried out pursuant to the relevant provisions of
the relevant revised Acts.
(2) With respect to matters for which reports, notifications, submissions, or other procedures are to be carried out with agencies of the State or local public
entities, prior to the enforcement of this Act, pursuant to the relevant Acts prior to their revision, if these procedures are ongoing as of the date of
enforcement of this Act, the provisions of the relevant Acts revised by this Act
shall apply to such procedures, except as otherwise provided by this Act or
Cabinet Order enacted hereunder, on the assumption that reports, notifications, submissions, or other procedures have not yet been carried out with respect to
matters for which such procedures were to be carried out with such agencies of the State or local public entities pursuant to the relevant provisions of said
revised Acts.
(Transitional Measures Concerning Appeals)
Article 161 (1) With respect to dispositions pertaining to Affairs of the State, etc. that were made prior to the Date of Enforcement by an administrative agency (hereinafter referred to as the "Administrative Agency Ordering the
Disposition" in this Article) that has been subordinated, prior to the Date of
Enforcement, to a higher administrative agency as prescribed under the
Administrative Appeal Act (hereinafter referred to as the "Higher
Administrative Agency" in this Article), the Administrative Appeal Act shall apply to appeals filed against such dispositions pursuant to said Act, on the
assumption that the Administrative Agency Ordering the Disposition remains
subordinate to the Higher Administrative Agency after the date of enforcement. In this case, the administrative agency deemed to be the Higher
Administrative Agency of the Administrative Agency Ordering the Disposition shall be the administrative agency to which the Administrative Agency
Ordering the Disposition was subordinated prior to the date of enforcement. (2) In the case referred to in the preceding paragraph, where an administrative
agency that shall be deemed to be a Higher Administrative Agency is an
agency of a local public entity, the affairs to be handled by said agency
pursuant to the provisions of the Administrative Appeal Act shall be Item 1
Statutory Entrusted Affairs as prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162 With regard to fees payable prior to the Date of Enforcement
pursuant to the provisions of the relevant Acts prior to their revision by this Act (including orders issued thereunder), except those otherwise provided by this Act or by Cabinet Order enacted hereunder, the provisions then in force shall remain applicable.
(Transitional Measures Concerning Penal Provisions)
Article 163 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain
applicable.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164 (1) In addition to what is provided in the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) shall be specified by
Cabinet Order.
(2) Any necessary matters concerning the application of the provisions of Article
18, Article 51, or Article 184 of the Supplementary Provisions shall be specified by Cabinet Order.
(Review)
Article 250 The creation of new Item 1 Statutory Entrusted Affairs as prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act shall, be as
limited as possible, and such affairs as those listed in Appended Table I of the new Local Autonomy Act and those provided by Cabinet Order enacted under
the new Local Autonomy Act shall be examined from the perspective of
promoting decentralization and shall be reviewed as appropriate.
Article 251 The government shall, in order to enable local public entities to
execute their affairs and services voluntarily and independently, examine how to secure adequate sources of local tax revenue based on the sharing of roles between the State and local public entities, taking into account prevailing
economic trends, and shall take necessary measures based on the results of
such examination.
Article 252 The government shall, along with various reforms such as medical insurance system and pension system reforms, embark on studies to identify the ideal administrative system and a desirable personnel system for social insurance, from the viewpoint of ensuring convenience for the insured and
increasing administrative efficiency, and shall take any measures required based on the study results as it deems necessary.
Supplementary Provisions [Act No. 121 of August 6, 1999] [Extract] (Effective Date)
Article 1 This Act shall come into force as of July 1, 2000; provided, however,
that the provisions set forth in the following items shall come into force as of the date specified in each item:
(ii) The provisions of Article 2, Article 14, Article 27, Article 33, Article 44, and
Article 52 of the Supplementary Provisions: April 1, 2000;
(v) The provisions of Article 3 revising Article 28, paragraph (1) of the
Explosives Control Act (limited to the part adding, "containing a statement on the organizations and methods used to ensure safety and any other
matters specified by Ordinance of the Ministry of Economy, Trade and
Industry" before "in order to prevent"); the provisions revising Article 35,
paragraph (1) of the same Act (limited to the part changing "(with regard to)
ammunition storage" to "(with regard to) ammunition storage and the
organizations and methods used to ensure safety at these facilities"); the provisions revising paragraph (2) of the same Article (limited to the part
adding "and whether they implement matters specified by Ordinance of the
Ministry of International Trade and Industry as those pertaining to the
organizations and methods used to ensure safety, among what is specified in the damage prevention rules approved as prescribed in Article 28, paragraph (1)" after "whether (specified facilities and ammunition storage) comply
with ..."); and the provisions of Article 5, Article 10, Article 31 through
Article 34, Article 45 through Article 50, Article 76, Article 77, and Article 79 of the Supplementary Provisions: April 1, 2001;
(Transitional Measures in Accordance with the Partial Revision of the
Electrical Appliance and Material Control Act)
Article 44 A person who intends to obtain approval or authorization pursuant to the provisions of Article 9, paragraph (1) of the Electrical Appliance and
Material Safety Act as revised by Article 10 (hereinafter referred to as the
"Electrical Appliance and Material Safety Act") may file an application prior to the enforcement of Article 10. The same shall apply to notification of the Rules of Operation pursuant to the provisions of Article 35, paragraph (1) (including
the case where it is applied mutatis mutandis pursuant to Article 42-3,
paragraph (2) of the Electrical Appliance and Material Safety Act) of the
Electrical Appliance and Material Safety Act.
Article 45 (1) With regard to an application for approval of product types as set forth in Article 18 or in Article 23, paragraph (1) of the Electrical Appliance and Material Control Act prior to its revision pursuant to the provisions of
Article 10 (hereinafter referred to as the "Old Electrical Appliance and
Material Control Act") which was filed prior to the enforcement of said Article, and for which a disposition of approval or non-approval had not been made at
the time of enforcement of the relevant provisions, or with regard to an
application for confirmation of product types as set forth in Article 23-2,
paragraph (1) of the Old Electrical Appliance and Material Control Act or for authorization for product types as set forth in Article 25-3, paragraph (1) of the Old Electrical Appliance and Material Control Act which was filed prior to the
enforcement of Article 10 and for which a disposition of confirmation or
authorization had not been made at the time of enforcement of the relevant provisions, the provisions then in force shall remain applicable to the
disposition on such application.
(2) With regard to an application for testing as set forth in Article 21, paragraph (1) of the Old Electrical Appliance and Material Control Act (including the case where it is applied mutatis mutandis pursuant to Article 23, paragraph (2) or
Article 25-3, paragraph (2) of the Old Electrical Appliance and Material
Control Act; the same shall apply in the following paragraph) which was filed prior to the enforcement of Article 10 and for which a disposition of success or failure in passing said testing had not been made at the time of enforcement of the relevant provisions, the provisions then in force shall remain applicable to
the disposition on such application.
(3) Where an application for approval for product types pursuant to the
provisions of Article 18 or of Article 23, paragraph (1) of the Old Electrical
Appliance and Material Control Act or an application for authorization for
product types pursuant to the provisions of Article 25-3, paragraph (1) of the Old Electrical Appliance and Material Control Act was filed by a person who had passed the testing set forth in Article 21, paragraph (1) of the Old
Electrical Appliance and Material Control Act prior to the enforcement of
Article 10, or where such an application was filed by a person who had filed an application for testing for which the provisions then in force are to remain
applicable pursuant to the provisions of the preceding paragraph and who had
passed said testing, where either of said persons has filed such an application for approval or authorization for such product types by attaching a test
certificate therefor within 10 days from the day of having passed said testing,
the provisions then in force shall remain applicable to the disposition on such an application.
Article 46 (1) A person who had, prior to the enforcement of Article 10, obtained or applied for approval with regard to Electrical Appliances and Materials as
set forth in Article 2, paragraph (1) of the Old Electrical Appliance and
Material Control Act which fall under the category of Electrical Appliances and
Materials set forth in Article 2, paragraph (1) of the Electrical Appliance and
Material Safety Act (hereinafter referred to as "Transferred Electrical
Appliances and Materials"), pursuant to the provisions of Article 18 of the Old
Electrical Appliance and Material Control Act (including a person who had
applied for approval under paragraph (3) of the preceding Article); a person
who has obtained or applied for approval under Article 23, paragraph (1) of the Old Electrical Appliance and Material Control Act (including a person who had applied for approval under paragraph (3) of the preceding Article); or a person who has obtained or applied for confirmation under Article 23-2, paragraph (1) of the Old Electrical Appliance and Material Control Act shall be deemed to
have given notification under Article 3 of the Electrical Appliance and Material
Safety Act with regard to Transferred Electrical Appliances and Materials for the product type pertaining to said approval, confirmation, or application.
(2) A person who had provided notification under Article 26, paragraph (1) or Article 26-3, paragraph (1) of the Old Electrical Appliance and Material Control Act prior to the enforcement of Article 10 shall be deemed to have
given a notification under Article 3 of the Electrical Appliance and Material
Safety Act. In this case, with regard to the application of the provisions of
Article 8, paragraph (1), Article 10, Article 12, and Article 42-5, item (ii) of the
Electrical Appliance and Material Safety Act to such person, the term "the
Product Type Specified in the Notification under Article 3 (hereinafter simply referred to as 'the Product Type Specified in the Notification')" in Article 8,
paragraph (1) of the Electrical Appliance and Material Safety Act shall be deemed to be replaced with "the product type, which includes Electrical
Appliances and Materials with structures specified in the notification under
Article 26-2, paragraph (1) or Article 26-3, paragraph (1) of the Electrical
Appliance and Material Control Act prior to its revision pursuant to Article 10 of the Act on the Consolidation and Streamlining of Standards and
Certification Systems Relating to the Ministry of International Trade and
Industry (Act No. 121 of 1999) (such a product type shall be simply referred to as the 'Product Type Including Electrical Appliances and Materials with
Structures as Specified in the Notification')", and the term "the Product Type
Specified in the Notification" in Article 10, Article 12, and Article 42-5, item
(ii) shall be deemed to be replaced with "the Product Type Including Electrical
Appliances and Materials with Structures as Specified in the Notification."
Article 47 (1) A person who had, prior to the enforcement of Article 10, obtained approval for the product type under Article 18 or Article 23, paragraph (1) of
the Old Electrical Appliance and Material Control Act or who had obtained a confirmation of the product type under Article 18 or Article 23, paragraph (1)
of the Old Electrical Appliance and Material Control Act with regard to Class- A Electrical Appliances and Materials as set forth in Article 2, paragraph (2) of the Old Electrical Appliance and Material Control Act, which falls under the
category of Specified Electrical Appliances and Materials as set forth in Article
2, paragraph (2) of the Electrical Appliance and Material Safety Act
(hereinafter referred to as "Transferred Specified Electrical Appliances and Materials") (including a person who has obtained approval or confirmation under the provisions of Article 45, paragraph (1) or paragraph (3) of the
Supplementary Provisions for which the provisions then in force are to remain applicable pursuant to said provisions) shall be deemed to have performed the obligation under Article 9, paragraph (1) of the Electrical Appliance and
Material Safety Act during the period between the day when he/she obtained or
was deemed to have obtained said approval or confirmation and the day when the period specified by Cabinet Order set forth in Article 24, paragraph (1) of
the Old Electrical Appliance and Material Control Act, in the case where
he/she manufactured or imported Specified Electrical Appliances and Materials with a product type pertaining to said approval or confirmation.
(2) With regard to the display and sales of Specified Transferred Electrical
Appliances and Materials pertaining to authorization for product types under
Article 25-3, paragraph (1) of the Old Electrical Appliance and Material
Control Act that had already been obtained at the time of the enforcement of
Article 10 (including authorization for product types that was obtained by
deeming that the provisions then in force remained applicable pursuant to the provisions of Article 45, paragraph (1) or paragraph (3) of the Supplementary Provisions), the provisions then in force shall remain applicable until either
the day when the period specified by Cabinet Order set forth in Article 50,
paragraph (2) of the Supplementary Provisions pertaining to said Specified Transferred Electrical Appliances and Materials elapses from the day of enforcement of Article 10, or the day when the period specified by Cabinet
Order set forth in Article 24, paragraph (1) of the Old Electrical Appliance and
Material Control Act as applied mutatis mutandis pursuant to Article 25-3,
paragraph (2) of the Old Electrical Appliance and Material Control Act elapses from the day of said authorization, whichever is earlier, notwithstanding the
provisions of Article 10, paragraph (2), Article 27, paragraph (1), and Article 28 of the Electrical Appliance and Material Safety Act.
Article 48 (1) A person who had obtained a designation under Article 21,
paragraph (1) of the Old Electrical Appliance and Material Control Act at the time of the enforcement of Article 10 shall be deemed to have obtained
approval under Article 9, paragraph (1) of the Electrical Appliance and
Material Safety Act until the day when six months have elapsed from the day of enforcement of Article 10. In the event that said person filed an application for approval under the same paragraph during said period, the same shall also apply during the period until a disposition pertaining to said application has been made.
(2) Pursuant to the provisions of the preceding paragraph, a notification made
under Article 33 of the Old Electrical Appliance and Material Control Act with regard to a person who is deemed to have obtained approval under Article 9,
paragraph (1) of the Electrical Appliance and Material Safety Act shall be
deemed to be a notification made under Article 34 of the Electrical Appliance and Material Safety Act; the Rules of Operation for which approval under
Article 34 of the Old Electrical Appliance and Material Control Act has been
obtained or applied for shall be deemed to be the Rules of Operation in a
notification made under Article 35, paragraph (1) of the Electrical Appliance and Material Safety Act; a suspension or cessation of business for which
approval under Article 35 of the Old Electrical Appliance and Material Control Act has been obtained or applied for shall be deemed to be a suspension or cessation in a notification made under Article 36 of the Electrical Appliance
and Material Safety Act; and an order given under Article 40 of the Old
Electrical Appliance and Material Control Act shall be deemed to be an order given under Article 41 of the Electrical Appliance and Material Safety Act.
Article 49 With regard to Transferred Specified Electrical Appliances and
Materials pertaining to a product type for which approval under Article 18 or Article 23, paragraph (1) of the Old Electrical Appliance and Material Control Act or confirmation under Article 23-2, paragraph (1) of the Old Electrical
Appliance and Material Control Act had been obtained at the time of
enforcement of Article 10, or with regard to Class-B Electrical Appliances and
Materials as set forth in Article 2, paragraph (2) of the Old Electrical
Appliance and Material Control Act with structures pertaining to a notification under Article 26-2, paragraph (1) or Article 26-3, paragraph (1) of the Old
Electrical Appliance and Material Control Act which fall into the category of Electrical Appliances and Materials set forth in Article 2, paragraph (1) of the Electrical Appliance and Material Safety Act, labeling under Article 25,
paragraph (1) or Article 26-6, paragraph (1) may be affixed during the one year from the day of enforcement of Article 10 (with regard to those specified by
Cabinet Order as Transferred Electrical Appliances and Materials that require a considerable period of time for the repair or alteration of manufacturing
equipment accompanied with the change of labeling, the period specified by
Cabinet Order for the relevant Transferred Electrical Appliances and Materials within a limit not exceeding three years from the day of the enforcement of
Article 10), notwithstanding the provisions of Article 10, paragraph (2) of the
Electrical Appliance and Material Safety Act.
Article 50 (1) Labeling affixed to Transferred Electrical Appliances and
Materials under Article 25, paragraph (1) or Article 26-6, paragraph (1) of the
Old Electrical Appliance and Material Control Act and labeling under the
provisions of the preceding Article shall be deemed to be labeling affixed under Article 10, paragraph (1) of the Electrical Appliance and Material Safety Act until the day specified by Cabinet Order for the relevant Transferred Electrical Appliances and Materials within a limit not exceeding five years (10 years with
regard to those specified by Cabinet Order as Transferred Electrical Appliances and Materials that require a considerable period of time from manufacturing to sales) from the day of enforcement of Article 10.
(2) In addition to the case where the provisions then in force remain applicable pursuant to the provisions of Article 47, paragraph (2) of the Supplementary Provisions, with regard to Transferred Electrical Appliances and Materials
with labeling affixed under Article 25-4, paragraph (1) of the Old Electrical
Appliance and Material Control Act, the provisions then in force shall remain applicable until the day specified by Cabinet Order for the relevant
Transferred Electrical Appliances and Materials within a limit not exceeding five years (10 years with regard to those specified by Cabinet Order as
Transferred Electrical Appliances and Materials that require a considerable
period of time from manufacturing to sales) from the day of the enforcement of
Article 10, notwithstanding the provisions of Article 10, paragraph (2), Article
27, paragraph (1), and Article 28 of the Electrical Appliance and Material
Safety Act.
Article 51 A public hearing for the enactment of a Cabinet Order under Article 2, paragraph (2) of the Electrical Appliance and Material Safety Act may be held
prior to the enforcement of Article 10.
(Effectiveness of Dispositions, etc.)
Article 68 Any dispositions, proceedings, or other acts carried out, prior to the
enforcement of this Act (or the relevant provisions listed in the items of Article
1 of the Supplementary Provisions), pursuant to the provisions of the relevant
Acts prior to their revision (including orders issued thereunder; hereinafter the same shall apply in this Article) shall, if the relevant revised Acts contain
provisions corresponding to such provisions, be deemed to have been carried out under the relevant provisions of said revised Acts, except as otherwise
provided in the Supplementary Provisions.
(Transitional Measures Concerning the Application of Penal Provisions) Article 69 With regard to the application of penal provisions to any acts
committed prior to the enforcement of this Act (or the relevant provisions of
the items of Article 1 of the Supplementary Provisions) (or with respect to the Consumer Product Safety Association, prior to the expiration of the provisions of the old Consumer Product Safety Act that had been deemed to remain in
force pursuant to the provisions of Article 10 of the Supplementary Provisions;
with respect to the High Pressure Gas Safety Institute of Japan, prior to the expiration of the provisions of the old High Pressure Gas Safety Act that had been deemed to remain in force pursuant to the provisions of Article 30 of the Supplementary Provisions) as well as any acts committed after the
enforcement of this Act in the cases where the provisions then in force remain
applicable pursuant to the Supplementary Provisions, the provisions then in force shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 70 In addition to what is provided in Article 2 through Article 9 and in
Article 14 through the preceding Article of the Supplementary Provisions, any other transitional measures necessary for the enforcement of this Act
(including transitional measures concerning penal provisions) shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract] (Effective Date)
Article 1 This Act (excluding Article 2 and Article 3) shall come into force as of
January 6, 2001.
Supplementary Provisions [Act No. 203 of December 22, 1999] [Extract] (Effective Date)
Article 1 This Act shall come into force as of January 6, 2001; provided, however, that the provisions of Article 8 through Article 10 and Article 12 of the
Supplementary Provisions shall come into force as of the date specified by
Cabinet Order, within six months from the day of its promulgation.
(Delegation to Cabinet Order)
Article 11 In addition to what is provided in Article 2 through Article 7 of the
Supplementary Provisions, any necessary transitional measures for the
establishment of AIST and any other necessary transitional measures for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 204 of December 22, 1999] [Extract] (Effective Date)
Article 1 This Act shall come into force as of January 6, 2001; provided, however,
that the provisions of paragraph (8) through paragraph (19) of the
Supplementary Provisions shall come into force as of the date specified by
Cabinet Order, within a period not exceeding six months from January 6, 2001.
(Transitional Measures Pertaining to Penal Provisions)
Article 20 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation to Cabinet Order)
Article 21 In addition to what is provided in Articles 2 through 7, Article 9, Article 18, and the preceding Article of the Supplementary Provisions, any necessary transitional measures for the establishment of NITE and any other necessary transitional measures for the enforcement of this Act shall be
specified by Cabinet Order.
Supplementary Provisions [Act No. 91 of May 31, 2000] (Effective Date)
(1) This Act shall come into force as of the date of the enforcement of the Act for
Partial Revision of the Commercial Code, etc. (Act No. 90 of 2000).
(Transitional Measures)
(2) Where the date of the enforcement of this Act falls before the date of the enforcement of Article 8 of the Supplementary Provisions of the Act on the
Center for Food Quality, Labeling and Consumer Services (Act No. 183 of 1999), the term "Article 27" in the provisions of Article 31 revising Article 19-5-2,
Article 19-6, paragraph (1), item (iv), and Article 27 of the Act on
Standardization and Proper Quality Labeling of Agricultural and Forestry
Products shall be deemed to be replaced with "Article 26."
Supplementary Provisions [Act No. 76 of June 11, 2003] [Extract] (Effective Date)
Article 1 This Act shall come into force as of March 1, 2004; provided, however,
that the provisions set forth in the following items shall come into force as of the date specified in each item:
(i) The provisions of Article 13 of the Supplementary Provisions: The day of promulgation of this Act;
(ii) The provisions of Article 3, paragraph (1), Article 4, paragraph (1), Article 5,
paragraph (1), Article 6, paragraph (1), Article 7, paragraph (1), Article 8,
paragraph (1), and Article 9, paragraph (1) of the Supplementary Provisions:
October 1, 2003;
(Transitional Measures in Accordance with the Partial Revision of the
Electrical Appliance and Material Safety Act)
Article 7 (1) A person who intends to obtain registration under Article 9,
paragraph (1) of the Electrical Appliance and Material Safety Act as revised by Article 6 (hereinafter referred to as the "New Electrical Appliance and Material Safety Act") may file an application prior to the enforcement of this Act. The same shall apply to a notification of the Rules of Operation under Article 35,
paragraph (1) of the New Electrical Appliance and Material Safety Act
(including the case where it is applied mutatis mutandis pursuant to Article
42-3, paragraph (2) of the New Electrical Appliance and Material Safety Act). (2) A person who had obtained approval or authorization under Article 9,
paragraph (1) of the Electrical Appliance and Material Safety Act prior to its revision by Article 6 (hereinafter referred to as the "Old Electrical Appliance and Material Safety Act") at the time of enforcement of this Act shall be
deemed to have obtained a registration under Article 9, paragraph (1) of the
New Electrical Appliance and Material Safety Act. In this case, the registration shall be valid for the period during which the approval or
authorization under Article 9, paragraph (1) of the Old Electrical Appliance and Material Control Act remains valid.
(Effectiveness of Dispositions, etc.)
Article 11 Any dispositions, proceedings, or other acts carried out, prior to the
enforcement of this Act (or the relevant provisions listed in the items of Article
1 of the Supplementary Provisions), pursuant to the provisions of the relevant
Acts prior to their revision (including orders issued thereunder; hereinafter the same shall apply in this Article) shall, if the relevant revised Acts contain
provisions corresponding to such provisions, be deemed to have been carried out under the relevant provisions of said revised Acts, except as otherwise
provided in the Supplementary Provisions.
(Transitional Measures Concerning the Application of Penal Provisions) Article 12 With regard to the application of penal provisions to any acts
committed prior to the enforcement of this Act (or the relevant provisions listed in the items of Article 1 of the Supplementary Provisions; hereinafter the same shall apply in this Article) as well as any acts committed after the enforcement of this Act in the cases where the provisions then in force remain applicable
pursuant to the Supplementary Provisions, the provisions then in force shall
remain applicable.
(Delegation to Cabinet Order)
Article 13 In addition to what is provided in Article 2 through the preceding
Article in the Supplementary Provisions, any necessary transitional measures for the enforcement of this Act (including transitional measures concerning penal provisions) shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 92 of June 18, 2003] [Extract] (Effective date)
Article 1 This Act shall come into force as of April 1, 2005.
Supplementary Provisions [Act No. 94 of June 9, 2004] [Extract] (Effective date)
Article 1 This Act shall come into force as of April 1, 2005; provided, however,
that the provisions of Article 7 and Article 28 of the Supplementary Provisions shall come into force as of the day of its promulgation, and the provisions of
paragraphs (1) through (5) and paragraphs (9) through (11) of Article 4 and the
provisions of Articles 5 and 6 of the Supplementary Provisions shall come into force as of October 1, 2004.
(Transitional Measures Concerning Dispositions, etc.)
Article 26 Any dispositions, proceedings, or other acts carried out, prior to the
enforcement of this Act, pursuant to the provisions of the relevant Acts prior to their revision (including orders issued thereunder; hereinafter the same shall apply in this Article) shall, if the relevant revised Acts contain provisions
corresponding to such provisions, be deemed to have been carried out under the
relevant provisions of said revised Acts, except as otherwise provided in the
Supplementary Provisions.
(Transitional Measures Concerning the Application of Penal Provisions) Article 27 With regard to the application of penal provisions to any acts
committed prior to the enforcement of this Act, the provisions then in force
shall remain applicable.
(Delegation to Cabinet Order)
Article 28 In addition to what is provided in the Supplementary Provisions, any transitional measures necessary for the enforcement of this Act shall be
specified by Cabinet Order.
(Review)
Article 29 When five years have elapsed since the enforcement of this Act, the government shall, while taking into account the status of the enforcement of the new Mine Safety Act, review the provisions of said Act and take any
necessary measures based on the results of such review.
Supplementary Provisions [Act No. 73 of June 29, 2005] [Extract] (Effective Date)
Article 1 This Act shall come into force as of the date specified by Cabinet Order, within a period not exceeding one year from the date of its promulgation.
Supplementary Provisions [Act No. 87 of July 26, 2005] [Extract]
This Act shall come into force as of the date of enforcement of the Corporation
Act.
Supplementary Provisions [Act No. 116 of November 21, 2007] (Effective Date)
Article 1 This Act shall come into force as of the date specified by Cabinet Order, within a period not exceeding one year from the date of its promulgation;
provided, however, that the provisions to revise Article 6, the provisions which delete Articles 7 and 8 of the Supplementary Provisions, and the following
Article shall come into effect as of the day on which one month has elapsed
from the day of promulgation of this Act.
(Partial Revision of the Act on the Consolidation and Streamlining of
Standards and Certification Systems Relating to the Ministry of
International Trade and Industry)
Article 2 Part of the Act on Consolidation and Streamlining of Standards and
Certification Systems Relating to the Ministry of International Trade and
Industry (Act No. 121 of 1999) shall be revised as follows.
Article 50, paragraph (1) of the Supplementary Provisions shall be deleted, and the present Article 50, paragraph (2) shall be moved up to become Article
50, paragraph (1).
(Review)
Article 3 Within five years after the enforcement of this Act, the government shall review the enforcement status of the Electrical Appliance and Material Safety Act revised by this Act, and shall take measures as required based on the results of such review where it finds it necessary.