Agricultural, Forestry and Fishery Products and Food Export Facilitation Act

Table of Contents

Chapter I General Provisions (Article 1 and Article 2)

Chapter II Headquarters for Export of Agricultural, Forestry and Fishery Products and Food

(Article 3 to Article 9)

Chapter III Basic Policy (Article 10 to Article 13)

Chapter IV Action Plan (Article 14)

Chapter V Measures Taken by the Central Government and Local Governments for Streamlining

Export of Agricultural, Forestry and Fishery Products and Food

Section 1 Issuance of Export Certificate (Article 15 to Article 17)

Section 2 Registered Approval Organization (Article 18 to Article 33)

Chapter VI Measures to Support Business Operators Who Make Effort to Export Agricultural,

Forestry and Fishery Products and Food (Article 34 to Article 37)

Chapter VII Miscellaneous Provisions (Article 38 to Article 46)

Chapter VIII Penal Provisions (Article 47 to Article 54)

Supplementary Provisions

Chapter I General Provisions

Article 1. Purpose

The purpose of this Act is to determine the matters concerning the establishment of the Headquarters

for Export of Agricultural, Forestry and Fishery Products and Food, and the designing of the Basic

Policy and the development of the Action Plan and to take measures such as the issuance of export

certificates and the accreditation of export project plans in order to facilitate the export of agricultural,

forestry and fishery products and food that are produced in Japan, thereby contributing to the

sustainable development of agriculture, forestry, fishery and food industries.

Article 2. Definition

(1) The term "agricultural, forestry and fishery products" herein includes the products manufactured

or processed from or of agricultural, forestry and fishery products (excluding the products

specified in the following paragraph) that are specified by ordinance of the competent ministry.

(2) The term "food" herein means all drinks and food (excluding pharmaceuticals as defined in Article

2, paragraph (1), quasi-pharmaceutical products as defined in Article 2, paragraph (2), and

regenerative medicine products as defined in Article 2, paragraph (9) of the Act on Securing

Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No.

145 of 1960)).

(3) The term "Registered Approval Organization(s)" herein means an organization that is registered

by the competent minister pursuant to Article 20, paragraph (1).

Chapter II Headquarters for Export of Agricultural, Forestry and Fishery Products and Food

Article 3. Establishment

The Headquarters for Export of Agricultural, Forestry and Fishery Products and Food (hereinafter

referred to as "the Headquarters") shall be established as a special body under the Ministry of

Agriculture, Forestry and Fisheries.

Article 4. Affairs under Jurisdiction

The Headquarters shall have jurisdiction over the following affairs:

(i) Affairs concerning the planning, development and promotion of basic policies for the

facilitation of export of agricultural, forestry and fishery products and food (hereinafter

collectively referred to as “products and food”); and

(ii) Affairs concerning the management of functions among the administrative ministries

relevant to export of products and food.

Article 5. Organization

The Headquarters shall consist of the Director-General of the Headquarters for Export of Agricultural,

Forestry and Fishery Products and Food and members of the Headquarters for Export of Agricultural,

Forestry and Fishery Products and Food.

Article 6. Director-General of the Headquarters for Export of Agricultural, Forestry and Fishery

Products and Food

(1) The Headquarters shall be headed by the Director-General of the Headquarters for Export of

Agricultural, Forestry and Fishery Products and Food (referred to as "the Director-General of the

Headquarters" in the following paragraph and Article 7, paragraph (2), item (vii)) and the Minister

of Agriculture, Forestry and Fisheries shall serve as the Director-General of the Headquarters.

(2) The Director-General of the Headquarters shall manage the affairs of the Headquarters.

Article 7. Members of the Headquarters for Export of Agricultural, Forestry and Fishery Products and

Food

(1) The Headquarters shall have members of the Headquarters for Export of Agricultural, Forestry

and Fishery Products and Food (referred to as "members of the Headquarters" in the following

paragraph).

(2) The persons specified in the following items shall serve as the members of the Headquarters:

(i) Minister of Internal Affairs and Communications;

(ii) Minister of Foreign Affairs;

(iii) Minister of Finance;

(iv) Minister of Health, Labour and Welfare;

(v) Minister of Economy, Trade and Industry;

(vi) Minister of Land, Infrastructure, Transport and Tourism; and

(vii) In addition to the persons specified in the above items, persons appointed by the Prime

Minister from among the Ministers of State other than the Director-General of the

Headquarters upon request from the Minister of Agriculture, Forestry and Fisheries.

Article 8. Demand for Submission of Documents

(1) The Headquarters may demand that the head of relevant administrative organs submit documents,

give an opinion or explanation, or provide other necessary cooperation, when it is found to be

necessary for the performance of affairs under the jurisdiction of the Headquarters.

(2) The Headquarters may demand that any person other than the persons specified in the preceding

paragraph provide necessary cooperation, when it is found to be particularly necessary for the

performance of affairs under the jurisdiction of the Headquarters.

Article 9. Delegation to Cabinet Order

In addition to what is provided in Article 3 through the preceding Article, any matter required for the

organization and management of the Headquarters shall be provided by cabinet order.

Chapter III Basic Policy

Article 10. Basic Policy

(1) The Headquarters shall design the basic policy for facilitating the export of products and food

(hereinafter referred to as the "Basic Policy").

(2) The Basic Policy shall provide the following matters:

(i) Basic direction concerning measures to facilitate the export of products and food;

(ii) Basic matters concerning consultations necessary to facilitate the export of products and

food with the governmental institutions of a country of destination (referring to a country

or region to which products and food are exported from Japan; the same shall apply

hereinafter) with regard to the import requirements provided by the governmental

institutions of the country of destination (referring to the food sanitation requirements,

quarantine requirements for animals and plants or livestock products, and other

requirements for agricultural, forestry and fishery products or food (hereinafter

collectively referred to as “products or food”) imported to the country of destination that

are provided by the governmental institutions of the country of destination; the same shall

apply hereinafter);

(iii) Basic matters concerning the issuance of certificates and the development of other

procedures necessary for streamlining export of products and food that conform to the

import requirements

(iv) Basic matters concerning support for business operators who make efforts to export

products and food; and

(v) In addition to what is provided in the preceding items, matters concerning measures

necessary to facilitate the export of products and food.

(3) When the Headquarters have designed or amended the Basic Policy, the Headquarters shall make

it public without delay.

Article 11. Responsibility of the Central Government

(1) The central government is responsible for promoting measures for facilitating the export of

products and food in a comprehensive and integrated manner.

(2) The central government shall endeavor to provide information, guidance, advices, and other

assistance that are necessary for business operators to make efforts to export products and food.

Article 12. Responsibility of Local Governments

(1) The governments of prefectures and the designated cities and the special wards (hereinafter

referred to as "local governments") are responsible for developing necessary procedures and

taking other measures to streamline export of products and food depending on the actual

conditions of the region.

(2) Local governments shall endeavor to provide information, guidance, advices, and other assistance

that are necessary for business operators to make efforts to export products and food depending

on the actual conditions of the region.

Article 13. Collaboration and Cooperation between Concerned Parties

The central government, local governments, Japan Finance Corporation, and other concerned parties

shall endeavor to collaborate and cooperate with each other to facilitate the export of products and

food in a comprehensive and integrated manner.

Chapter IV Action Plan

Article 14.

(1) The Headquarters shall develop the action plan for facilitating the export of products and food

(hereinafter referred to as "the Action Plan" in this Article) in accordance with the Basic Policy.

(2) The Action Plan shall provide the following matters:

(i) Countries of destination and products and food for which measures should be intensively

taken based on the matters provided in the Basic Policy as specified in Article 10,

paragraph (2), items (ii) through (v) (hereinafter referred to as "export facilitation

measures" in this Article);

(ii) Content and implementation period of export facilitation measures;

(iii) Minister of State responsible for implementation of export facilitation measures; and

(iv) In addition to what is provided in the preceding three paragraphs, matters necessary to

implement export facilitation measures.

(3) The Headquarters shall, at least once in each fiscal year, prepare a table describing the status of

implementation and progress of export facilitation measures, evaluate the progress and effect of

export facilitation measures, examine the Action Plan in consideration of the result of evaluation

and changes in the economic and other conditions, and make necessary amendments to the Action

Plan.

(4) When the Headquarters have developed or amended the Action Plan, the Headquarters shall make

it public without delay.

(5) When the Headquarters have performed the evaluation specified in paragraph 3, the Headquarters

shall make public the status of progress and implementation of export facilitation measures and

the result of evaluation.

Chapter V Measures Taken by the State for Smooth Export of Agricultural, Forestry and Fishery

Products and Food

Section 1 Issuance of Export Certificate

Article 15. Issuance of Export Certificate

(1) When the governmental institutions of a country of destination require that the competent minister

issue an export certificate for products or food that is subject to import requirements (referring to

a certificate showing that the relevant products or food conforms to the import requirements of

the country of destination; the same shall apply hereinafter in this Article and Article 38), the

competent minister may issue an export certificate pursuant to ordinance of the competent

ministry upon application by a business operator exporting the products or food.

(2) When the governmental institutions of a country of destination require that the prefectural

governors and the mayors of the designated cities and the special wards (hereinafter referred to as

"the governors and the mayors") issue an export certificate for products or food that is subject to

import requirements, the governors and the mayors may issue an export certificate for the products

or food that is produced, manufactured, processed, or distributed in the area under the jurisdiction

of the governors and the mayors pursuant to ordinance of the competent ministry upon application

by a business operator exporting the products or food.

(3) A person who intends to obtain an export certificate from the competent minister pursuant to

paragraph (1) shall pay to the central government the fees specified by cabinet order within the

amount not exceeding the actual cost.

Article 16. Designation of Conforming Production Area

(1) When the governmental institutions of a country of destination request that the competent minister

designate an area (including sea area; the same shall apply hereinafter in this paragraph and

paragraph (6)) that conforms to the requirements provided by the country of destination

(hereinafter referred to as "designation requirements" in this Article) such as the absence of a

possibility of products or food being contaminated with harmful substance in the course of

production, manufacture, processing, or distribution (hereinafter referred to as "conforming

production area(s)" in this Article and Article 34, paragraph (4), item (iii)), the competent minister

may designate, pursuant to ordinance of the competent ministry, a conforming production area for

the products or food that is required by ordinance of the competent ministry to be produced,

manufactured, processed, or distributed in a conforming production area as an import requirement

(hereinafter referred to as "products and food with area designation requirement" in this Article

and Article 34, paragraph (4), item (iii)).

(2) When the governmental institutions of a country of destination request that the governors and the

mayors designate a conforming production area for the products and food with area designation

requirement, the governors and the mayors may designate a conforming production area for the

products and food with area designation requirement within the area under the jurisdiction of the

governors and the mayors pursuant to ordinance of the competent ministry.

(3) When the competent minister or the governors and the mayors have designated a conforming

production area pursuant to the preceding two paragraphs, they shall regularly confirm pursuant

to ordinance of the competent ministry that the conforming production area satisfies the

designation requirements.

(4) If the confirmation performed pursuant to the preceding paragraph finds that the conforming

production area designated by the competent minister or the governors and the mayors pursuant

to paragraph (1) or (2) no longer satisfies the designation requirements, the competent minister or

the governors and the mayors may revoke the designation or reshape the conforming production

area.

(5) When the governors and the mayors have designated a conforming production area pursuant to

paragraph (2) or have revoked the designation or reshaped the conforming production area

pursuant to the preceding paragraph, the governors and the mayors shall report it to the competent

minister without delay pursuant to ordinance of the competent ministry.

(6) The competent ministry shall prepare and make public a table describing the information of the

designated conforming production areas pursuant to paragraph (1) (including the areas subject to

the revocation of designation or the reshape of a conforming production area pursuant to paragraph

(4); the same shall apply hereinafter in this paragraph) or reported pursuant to the preceding

paragraph.

Article 17. Approval of Conforming Establishment

(1) When the governmental institutions of a country of destination request that the competent minister

approves an establishment that conforms to the requirements provided by the governmental

institutions of the country of destination (hereinafter referred to as "approval requirements" in this

Article) such as the implementation of measures to prevent food sanitation hazard (hereinafter

referred to as "conforming establishment"), the competent minister may approve, pursuant to

ordinance of the competent ministry, a conforming establishment for the products or food that is

required by ordinance of the competent ministry to be produced, manufactured, processed, or

distributed by a conforming establishment as an import requirement (hereinafter referred to as

"products and food with establishment approval requirements") upon application by the owner or

manager of an establishment for the products and food with establishment approval requirements.

(2) When the governmental institutions of a country of destination request that the governors and the

mayors approve a conforming establishment for the products and food with establishment

approval requirements, the governors and the mayors may approve a conforming establishment

for the products and food with establishment approval requirements pursuant to ordinance of the

competent ministry upon application by the owner or manager of an establishment for the products

and food with establishment approval requirements that is located in the area under the jurisdiction

of the governors and the mayors.

(3) When the governmental institutions of a country of destination request that Registered Approval

Organizations approve a conforming establishment for the products and food with establishment

approval requirements, Registered Approval Organizations may approve a conforming

establishment for the products and food with establishment approval requirements pursuant to

ordinance of the competent ministry upon application by the owner or manager of an

establishment for the products and food with establishment approval requirements.

(4) When the competent minister, the governors and the mayors, or Registered Approval

Organizations have approved a conforming establishment pursuant to the preceding three

paragraphs, they shall regularly confirm pursuant to ordinance of the competent ministry that the

conforming establishment satisfies the approval requirements.

(5) If the confirmation performed pursuant to the preceding paragraph finds that the conforming

establishment approved by the competent minister, the governors and the mayors, or Registered

Approval Organizations pursuant to paragraph (1) to (3) no longer satisfies the approval

requirements, the competent minister, the governors and the mayors, or Registered Approval

Organizations shall make a request for improvement to the owner or manager of the conforming

establishment and, if the owner or manager does not improve it after receiving the request, shall

revoke the approval.

(6) When the governors and the mayors or Registered Approval Organizations have approved a

conforming establishment pursuant to paragraph (2) or (3) or have revoked the approval pursuant

to the preceding paragraph, the governors and the mayors or Registered Approval Organizations

shall report it to the competent minister without delay pursuant to ordinance of the competent

ministry.

(7) The competent minister shall prepare and make public a table describing the names and

information of the approved conforming establishments pursuant to paragraph (1) (including the

establishments subject to the revocation of approval pursuant to paragraph (5); the same shall

apply hereinafter in this paragraph) and the information on the conforming establishments that are

reported pursuant to the preceding paragraph (including cases where applied mutatis mutandis

pursuant to Article 38, paragraph (6)).

(8) The owner or manager who intends to obtain establishment approval from the competent minister

pursuant to paragraph (1) shall pay to the central government the fees specified by cabinet order

within the amount not exceeding the actual cost.

Section 2 Registered Approval Organization

Article 18. Registration as Registered Approval Organization

(1) A person who intends to obtain registration as a Registered Approval Organization (hereinafter

simply referred to as "registration") shall apply for registration to the competent minister by

paying to the central government the fees specified by cabinet order within the amount not

exceeding the actual cost pursuant to ordinance of the competent ministry.

(2) When application has been filed pursuant to the preceding paragraph, the Minister of Agriculture,

Forestry and Fisheries may have the Food and Agricultural Materials Inspection Center

(hereinafter referred to as "the Center") perform necessary investigation on whether or not the

application conforms to the requirements specified in the items of Article 20, paragraph (1), if it

is found to be necessary.

Article 19. Disqualification

A person falling under any of the following items may not obtain registration:

(i) A person who has been sentenced to a fine or severer punishment for a breach of this Act or

a disposition imposed pursuant to this Act, where one year has not passed from the day on

which the execution of the sentence was completed or the person became free from the

execution of the sentence;

(ii) A person whose registration has been revoked pursuant to Article 30, paragraphs (1) through

(3), where one year has not passed from the date of revocation (in the case of a corporation

whose registration has been revoked, including a person who was an officer executing the

business of the corporation within 30 days prior to the date of revocation, where one year has

not passed from the date of revocation); and

(iii) A corporation that has an officer who executes business and falls under either of the preceding

two paragraphs.

Article 20. Registration Criteria

(1) When a person who has applied for registration pursuant to Article 18, paragraph (1) (referred to

as "registration applicant" in item (ii)) conforms to all the requirements specified below, the

competent minister shall perform registration. In this case, the procedures required for registration

shall be provided by ordinance of the competent ministry.

(i) The registration applicant conforms to the criteria provided by ordinance of the competent

ministry that are necessary to properly perform approval pursuant to Article 17, paragraph

(3) or confirmation pursuant to Article 17, paragraph (4) (hereinafter referred to as

"approval or confirmation").

(ii) The registration applicant does not fall under any of the following items as being

controlled by a person who engages in the production, sale, and handling of the products

and food with establishment approval requirement (hereinafter referred to as "dealer(s)"

in this item and Article 27, paragraph (2)):

(a) When the registration applicant is a stock company, the dealer is its parent company

(referring to the parent company provided in Article 879, paragraph (1) of the

Companies Act (Act No. 86 of 2005));

(b) When the registration applicant is a corporation, more than a half of the officers of

the registration applicant (or partners who execute business, if it is a membership

company (referring to the membership company provided in Article 575, paragraph

(1) of the Companies Act)) are officers or employees of the dealer (including a person

who was an officer or employee of the dealer in the past two years); and

(c) Where the registration applicant (or the officer holding the right to represent the

registration applicant, if it is a corporation) is an officer or employee of the dealer

(including a person who was an officer or employee of the dealer in the past two

years).

(2) Registration shall be made by entering the following matters in the registry:

(i) Date of registration and registration number;

(ii) Name and address of the Registered Approval Organization, and if it is a corporation, the

name of representative;

(iii) Type of products and food with establishment approval requirements for which the

Registered Approval Organization gives approval or confirmation; and

(iv) Location of the place of business where the Registered Approval Organization performs

operations pertaining to approval or confirmation.

(3) Upon the registration of a Registered Approval Organization, the competent minister shall notify

the public of the matters specified in the items of the preceding paragraph without delay.

Article 21. Renewal of Registration

(1) Unless the registration is renewed for each period of not less than three years specified by cabinet

order, it is no longer valid once that period has elapsed.

(2) The provisions of the preceding three Articles shall apply mutatis mutandis to the renewal of

registration provided in the preceding paragraph.

(3) When application for the renewal of registration has been filed pursuant to paragraph (1), if a

disposition for the application is not completed by the date of expiration of the period specified in

paragraph (1) (hereinafter referred to as "effective registration period" in this Article), the previous

registration shall remain effective even after the expiration of the effective registration period until

the disposition is completed.

(4) In the case of the preceding paragraph, when the registration has been renewed, the effective

registration period for the renewed registration shall commence on the day following the date of

expiration of the effective registration period for the previous registration.

(5) When application for the renewal of registration has not been filed pursuant to paragraph (1) at

least six months prior to the date of expiration of the effective registration period or the registration

is no longer valid pursuant to paragraph (1), the competent minister shall notify the public to that

effect without delay.

Article 22. Succession

(1) When a Registered Approval Organization has transferred the entire business related to

registration or is subject to inheritance or a merger or split (only when the entire business related

to registration is taken over), the person taking over the entire business or the heir (if there are two

or more heirs and all the heirs consent on which one shall take over the business, such heir ), the

corporation surviving the merger or established by the merger or the corporation taking over the

entire business by the split shall succeed to the status of the Registered Approval Organization.

(2) The person who has succeeded to the status of the Registered Approval Organization pursuant to

the preceding paragraph shall notify the competent minister to that effect without delay by

attaching a document proving the fact.

(3) Upon notification pursuant to the preceding paragraph, the competent minister shall notify the

pubic to that effect without delay.

Article 23. Performance of Operations Pertaining to Approval

(1) Upon a request for approval or confirmation, Registered Approval Organizations shall give

approval or confirmation without delay, unless there is a justifiable reason for not doing so.

(2) Registered Approval Organizations shall fairly perform operations pertaining to approval or

confirmation by a method that conforms to the criteria provided by ordinance of the competent

ministry.

Article 24. Notification of Changes to Place of Business

(1) When a Registered Approval Organization intends to change the location of the place of business

where it performs operations pertaining to approval or confirmation, the Registered Approval

Organization shall notify the competent minister to that effect at least two weeks prior to the

expected date of change.

(2) Upon notification pursuant to the preceding paragraph, the competent minister shall notify the

public to that effect without delay.

Article 25. Operating Rules

(1) Registered Approval Organizations shall provide the rules for operations pertaining to approval

or confirmation (referred to as "operating rules" in the following paragraph) and notify the

competent minister of the operating rules before the commencement of operations pertaining to

approval or confirmation. The same shall apply to the cases where any change is made to the

operating rules.

(2) The operating rules shall provide the method of giving approval or confirmation, method of

calculating the fees for approval or confirmation, and other matters specified by ordinance of the

competent ministry.

Article 26. Suspension and Abolition of Operations

(1) When a Registered Approval Organization intends to suspend or abolish all or part of operations

pertaining to approval or confirmation, the Registered Approval Organization shall notify the

competent minister to that effect pursuant to ordinance of the competent ministry at least six

months prior to the expected date of suspension or abolition.

(2) Upon receipt of notification pursuant to the preceding paragraph, the competent minister shall

notify the public to that effect.

Article 27. Retention and Inspection of Financial Statements

(1) Registered Approval Organization shall, within three months from the end of each business year,

prepare an inventory of property, balance sheet, and profit and loss statement or income and

expenditure statement, and business report for the business year (including electromagnetic

records (records that are prepared by an electronic method, magnetic method, or any other

methods not recognizable to human senses and are used for information processing by computers;

the same shall apply hereinafter in this Article) that are prepared in place of the above documents;

referred to as "financial statements" in the following paragraph and Article 54, item (ii)) and retain

the financial statements in the place of business for five years.

(2) Dealers and other interested persons may make the following demands at any time during the

business hours of a Registered Approval Organization; provided, however, that dealers and other

interested persons shall pay the fees specified by the Registered Approval Organization to make

the demand specified in item (ii) or (iv):

(i) When the financial statements have been prepared in writing, a demand for inspection or

copy of the documents;

(ii) A demand for a certified copy or extracts of the documents mentioned in the preceding

item;

(iii) When the financial statements have been prepared in the form of electromagnetic records,

a demand for inspection or copy of the matters recorded in the electromagnetic records

that are displayed by the method provided by ordinance of the competent ministry; and

(iv) A demand for the provision of the matters recorded in the electromagnetic records as

mentioned in the preceding item by an electromagnetic method (referring to a method

using an electronic information processing organization or other information

communication technology as specified by ordinance of the competent ministry) or a

demand for the issuance of a document describing the relevant matters.

Article 28. Order for Conformity

If a Registered Approval Organization is found to no longer conform to any of the requirements

specified in the items of Article 20, paragraph (1), the competent minister may order the Registered

Approval Organization to take necessary measures to conform to the requirements.

Article 29. Order for Improvement

If a Registered Approval Organization is found to be in breach of Article 23 or to be inappropriately

giving approval or confirmation, the competent minister may order the Registered Approval

Organization to perform operations pertaining to approval or confirmation or take necessary measures

to improve the method of approval or confirmation and other operations.

Article 30. Revocation of Registration

(1) If a Registered Approval Organization falls under any of the items of Article 19, the competent

minister shall revoke the registration of the Registered Approval Organization.

(2) If a Registered Approval Organization falls under any of the following items, the competent

minister shall revoke the registration of the Registered Approval Organization or order the

Registered Approval Organization to suspend all or part of operations pertaining to approval or

confirmation by specifying a period not exceeding one year:

(i) Where the Registered Approval Organization is in breach of Article 23, paragraph (1) of

Article 24, paragraph (1) of Article 25, paragraph (1) of Article 26, paragraph (1) of

Article 27, or the following Article;

(ii) Where the Registered Approval Organization refuses a demand made pursuant to Article

27, paragraph (2) without any justifiable reason;

(iii) Where the Registered Approval Organization violates an order issued pursuant to the

preceding two Articles; and

(iv) Where the Registered Approval Organization has obtained registration or renewed

registration by a fraudulent means.

(3) In addition to the cases provided in the preceding two paragraphs, if a Registered Approval

Organization without any justifiable reason does not commence operations pertaining to approval

or confirmation for which it has been registered as a Registered Approval Organization even after

one year from the date of registration or has suspended operations pertaining to approval or

confirmation continuously for one year or longer, the competent minister may revoke the

registration of the Registered Approval Organization.

(4) Upon a disposition pursuant to the preceding three paragraphs, the competent minister shall notify

the public to that effect without delay.

Article 31. Entry in Books

Registered Approval Organizations shall keep books and enter the matters specified by ordinance of

the competent ministry in connection with operations pertaining to approval or confirmation, and

retain the books.

Article 32. Confidentiality Obligations

A Registered Approval Organization or a person who is or was an officer or employee of a Registered

Approval Organization shall not divulge any confidential information acquired in connection with

operations pertaining to approval or confirmation or use it for its own benefit.

Article 33. Prohibition on Misleading Acts by Parties Other Than Registered Approval Organizations

Parties other than Registered Approval Organizations shall not make any indication or advertisement

or perform any other act that misleads a person into believing that their operations are related to

approval or confirmation.

Chapter VI Measures to Support Business Operators Who Make Effort to Export Agricultural, Forestry

and Fishery Products and Food

Article 34. Accreditation of Export Project Plan

(1) Persons who make efforts to export the products or food produced in Japan may independently or

jointly prepare a plan of a project for rationalizing or sophisticating production, manufacture,

processing, or distribution and making other improvements to expand the export of products or

food (hereinafter referred to as "export project") (hereinafter referred to as "export project plan"

in this Article and the following Article) and submit it to the Minister of Agriculture, Forestry and

Fisheries and obtain the accreditation of the plan.

(2) An export project plan shall contain the following matters:

(i) Objectives of the export project;

(ii) Products or food subject to the export project and the countries of destination thereof;

(iii) Content and implementation period of the export project;

(iv) Amount of funds required for implementation of the export project and the method of

procurement; and

(v) Other matters specified by ordinance of the Ministry of Agriculture, Forestry and

Fisheries.

(3) An export project plan may contain matters concerning the following measures:

(i) Measures for the rationalization of distribution of food by persons engaging in a business

related to the distribution of products or food (referring to the measures for sophistication

of quality control and sanitation control in the distribution of products or food or for

response to demands in and outside Japan, among the measures to rationalize the

distribution of food as provided in Article 2, paragraph (3) of the Act on the Food

Marketing Structure (Act No. 59 of 1991)); and

(ii) Measures for the sophistication of management of manufacturing process (referring to

the sophistication of management of manufacturing process as provided in Article 2,

paragraph (2) of the Act on Temporary Measures concerning Sophistication of

Management of Food Manufacturing Process (Act No. 59 of 1998)) by persons engaging

in the food manufacturing or processing business as provided in Article 6, paragraph (1)

of the same Act.

(4) Upon receipt of application for accreditation pursuant to paragraph (1), when the export project

plan conforms to all the following items, the Minister of Agriculture, Forestry and Fisheries shall

accredit the export project plan:

(i) The export project plan is appropriate in light of the Basic Policy;

(ii) The export project is expected to be carried out in a reliable manner;

(iii) When the products or food subject to the export project is the products and food with area

designation requirement, the relevant products or food is produced, manufactured,

processed, or distributed in a conforming production area designated pursuant to Article

16, paragraph (1) or (2) (or the reshaped conforming production area, if the conforming

production area has been reshaped under Article 16, paragraph (4));

(iv) When the products or food subject to the export project is the products and food with

establishment approval requirements., the relevant products or food is produced,

manufactured, processed, or distributed by a conforming establishment approved

pursuant to Article 17, paragraphs (1) through (3);

(v) When the export project plan describes matters concerning the measures specified in item

(i) of the preceding paragraph, the export project plan conforms to all of the items of

Article 5, paragraph (3) of the Act on the Food Marketing Structure; and

(vi) When the export project plan describes matters concerning the measures specified in item

(ii) of the preceding paragraph, the export project plan conforms to the criteria provided

by ordinance of the Ministry of Agriculture, Forestry and Fisheries for plans that are

considered appropriate in light of the basic policy specified in Article 3, paragraph (1) of

the Act on Temporary Measures concerning Sophistication of Management of Food

Manufacturing Process.

(5) Upon receipt of application for accreditation pursuant to paragraph (1), the Minister of Agriculture,

Forestry and Fisheries shall notify the Minister of State who has jurisdiction over the business that

is the subject of the export project plan for which the relevant application has been filed (referred

to as "the Minister of State who has jurisdiction over the business" in the following paragraph) of

the content of application without delay.

(6) Upon receipt of notification pursuant to the preceding paragraph, the Minister of State who has

jurisdiction over the business may give an opinion to the Minister of Agriculture, Forestry and

Fisheries, if it is found to be necessary.

Article 35. Change of Export Project Plan

(1) For changing the export project plan that received accreditation, the person who has obtained the

accreditation pursuant to paragraph (1) of the preceding Article (hereinafter referred to as

"accredited export business operator(s)") shall obtain accreditation from the Minister of

Agriculture, Forestry and Fisheries.

(2) If an accredited export business operator is found to be not performing an export project in

accordance with the export project plan that received accreditation(or the changed export project

plan, when such change has been accredited pursuant to the preceding paragraph; hereinafter

referred to as "accredited export project plan"), the Minister of Agriculture, Forestry and Fisheries

may revoke the accreditation.

(3) The provisions of paragraph (4) through (6) of the preceding Article shall apply mutatis mutandis

to accreditation of change pursuant to paragraph (1).

Article 36. Special Exceptions to the Act on the Food Marketing Structure

When the export project implemented in accordance with the accredited export project plan (referred

to as "accredited export project" in the following Article) contains the measures specified in Article

34, paragraph (3), item (i), the provisions of Chapter II, Section 3, Subsection 1 and 2 and section 4

of the Act on the Food Marketing Structure (including penal provisions related thereto) shall apply by

deeming the accredited export business operator as the accredited business operator specified in Article

6, paragraph (1) of the same Act, the accredited export project plan (limited to matters concerning the

relevant measures) as the accredited plan specified in paragraph (2) of the same Article, and the export

project (limited to matters concerning the relevant measures) as the project for rationalization of

distribution of food stipulated in Article 4, paragraph (2), item (i) of the same Act.

Article 37. Special Exceptions to the Act on Temporary Measures concerning Sophistication of

Management of Food Manufacturing Process

When the accredited export project contains the measures specified in Article 34, paragraph (3), item

(ii), the provisions of Article 10 of the Act on Temporary Measures concerning Sophistication of

Management of Food Manufacturing Process shall apply by deeming the accredited export business

operator as the person who has obtained accreditation pursuant to Article 6, paragraph (1) of the same

Act, and the accredited export project plan (limited to matters concerning the relevant measures) as

the accredited sophistication plan specified in Article 7, paragraph (2).

Chapter VII Miscellaneous Provisions

Article 38. Collection of Report from Persons Who Have Obtained Export Certificates

(1) The competent minister may request to the extent necessary for the enforcement of the provisions

of Chapter V, Section 1 that a person who has obtained an export certificate pursuant to Article 15,

paragraph (1) or (2) or the owner or manager of a conforming establishment who has obtained

approval pursuant to Article 17, paragraphs (1) through (3) submit necessary reports, books,

documents, or other objects or have its officers enter the office, place of business, or any other

place where the relevant person engages in the business (hereinafter collectively referred to as

"place used for business") and inspect the status of the place used for business or books, documents,

and other objects, or question employees or other concerned persons.

(2) The governors and the mayors may request to the extent necessary for the enforcement of the

provisions of Chapter V, Section 1 that a person who has obtained an export certificate pursuant

to Article 15, paragraph (2) or the owner or manager of a conforming establishment who has

obtained approval pursuant to Article 17, paragraph (2) submit necessary reports, books,

documents, or other objects or have its officers enter the place used for business of the relevant

person and inspect the status of the place used for business or books, documents, and other objects,

or question employees or other concerned persons.

(3) The officers who conduct on-site inspection or questioning pursuant to the preceding two

paragraphs shall carry their identification cards and, upon request from the concerned persons,

present them to the concerned persons.

(4) The authority to conduct on-site inspection and questioning pursuant to paragraph (1) and (2) shall

not be interpreted as being granted for the purpose of criminal investigation.

(5) If a person who has obtained an export certificate pursuant to Article 15, paragraph (1) or (2) or

the owner or manager of a conforming establishment who has obtained approval pursuant to

Article 17, paragraph (1) or (2) fails to submit reports or objects pursuant to paragraph (1) or (2)

or has submitted a false report or object, or refuses, obstructs, or avoids on-site inspection pursuant

to those provisions, or refuses to answer the questions pursuant to those provisions or has given a

false answer, the competent minister or the governors and the mayors may revoke the export

certificate issued by them or the conforming establishment approval granted by them.

(6) The provisions of Article 17, paragraph (6) shall apply mutatis mutandis to the revocation of

conforming establishment approval pursuant to the preceding paragraph.

Article 39. Collection of Reports from Registered Approval Organizations

(1) The competent minister may request to the extent necessary for the enforcement of the provisions

of Chapter V that a Registered Approval Organization or a business operator concerned with the

Registered Approval Organization and operations thereof submit necessary reports, books,

documents, or other objects or have its officers enter the place used for business of the relevant

Registered Approval Organization or business operator and inspect the status of operations

pertaining to approval or confirmation or books, documents, and other objects, or question

employees or other concerned persons.

(2) The provisions of paragraph (3) and (4) of the preceding Article shall apply mutatis mutandis to

on-site inspection and questioning pursuant to the preceding paragraph.

Article 40. On-site Inspection by the Center

(1) In the case of paragraph (1) of the preceding Article, the Minister of Agriculture, Forestry and

Fisheries may have the Center enter the place used for business of a Registered Approval

Organization or a business operator concerned with the Registered Approval Organization and

operations thereof and inspect the status of operations pertaining to approval or confirmation or

books, documents, and other objects, or question employees or other concerned persons, if it is

found to be necessary.

(2) When the Minister of Agriculture, Forestry and Fisheries has the Center conduct on-site inspection

or questioning pursuant to the preceding paragraph, the Minister of Agriculture, Forestry and

Fisheries shall instruct the Center to conduct on-site inspection or questioning by specifying the

date and place of on-site inspection or questioning and other necessary matters.

(3) When the Center has conducted on-site inspection or questioning in accordance with the

instructions provided in the preceding paragraph pursuant to paragraph (1), the Center shall report

the result thereof to the Minister of Agriculture, Forestry and Fisheries pursuant to ordinance of

the Ministry of Agriculture, Forestry and Fisheries.

(4) The provisions of Article 38, paragraph (3) and (4) shall apply mutatis mutandis to on-site

inspection and questioning conducted pursuant to paragraph (1).

Article 41. Order to the Center

The Minister of Agriculture, Forestry and Fisheries may give necessary orders to the Center in

connection with operations pertaining to on-site inspection or questioning under paragraph (1) of the

preceding Article, if it is found to be necessary for the proper implementation of such operations.

Article 42. Collection of Reports from Accredited Export Business Operators

The Minister of Agriculture, Forestry and Fisheries may request that an accredited export business

operator submit a report on the status of implementation of the accredited export project plan.

Article 43. Competent Ministers and ordinances of the competent ministries

(1) The competent minister in this Act shall be the Minister of Agriculture, Forestry and Fisheries,

the Minister of Finance, or the Minister of Health, Labour and Welfare pursuant to cabinet order.

(2) Ordinance of the competent ministry in this Act shall be the orders issued by the competent

minister.

Article 44. Delegation of Authority

The authority of the Minister of Agriculture, Forestry and Fisheries and the competent minister

provided in this Act may be delegated to the head of a local branch office pursuant to ordinance of the

Ministry of Agriculture, Forestry and Fisheries and ordinance of the competent ministry, respectively.

Article 45. Classification of Affairs

The affairs to be processed by the local governments shall be Type 1 statutory entrusted function

specified in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).

Article 46. Delegation to Ordinance of the Ministry of Agriculture, Forestry and Fisheries

In addition to what is provided in this Act, the procedures for implementation of this Act and other

matters necessary for enforcement of this Act shall be provided by ordinance of the Ministry of

Agriculture, Forestry and Fisheries or ordinance of the competent ministry.

Chapter VIII Penal Provisions

Article 47.

A Registered Approval Organization (or the representative thereof, if the Registered Approval

Organization is a corporation) or its agent, employee or any other worker who violates an order issued

pursuant to Article 30, paragraph (2) shall be punished by imprisonment with work for not more than

one year or a fine of not more than one million yen.

Article 48.

A person who has divulged any confidential information acquired in the course of duty or has used

such information for the person’s own benefit in violation of Article 32 shall be punished by

imprisonment with work for not more than one year or by a fine of not more than 500,000 yen.

Article 49.

Article 49. A person who fails to submit a report or object pursuant to Article 39, paragraph (1) or has

submitted a false report or false object, or refuses, obstructs, or avoids the inspection pursuant to

Article 39, paragraph (1) or Article 40, paragraph (1), or fails to answer questions pursuant to those

provisions or has given a false answer shall be punished by a fine of not more than 500,000 yen.

Article 50.

A Registered Approval Organization (or the representative thereof, if the Registered Approval

Organization is a corporation) or its agent, employee or any other worker who has committed any of

the acts of violation specified in the following items shall be punished by a fine of not more than

500,000 yen:

(i) Where the person fails to submit a report pursuant to Article 17, paragraph (6) or has

submitted a false report;

(ii) Where the person has suspended or abolished all or part of operations without giving

notification pursuant to Article 26, paragraph (1) or has given false notification; and

(iii) Where the person fails to make entries in books pursuant to Article 31 or has made false

entries or fails to retain the books.

Article 51.

A person who fails to submit a report pursuant to Article 42 or has submitted a false report shall be

punished by a fine of not more than 300,000 yen.

Article 52.

(1) When a representative or manager of a corporation (including an association or foundation without

judicial personality that has a representative or a manager; the same shall apply hereinafter in this

paragraph),or an agent, an employee or any other worker of a corporation or individual has

committed any of the violation specified in Article 47 or the preceding three Articles in connection

with the operation of the corporation or the individual, the person who has committed the violation

shall be punished, and the corporation or individual shall also be punished by a fine as provided

in the respective Article.

(2) When the provisions of the preceding paragraph apply to an association or foundation without

judicial personality, a representative or manager thereof shall represent the association or

foundation with regard to its procedural act, and the provisions of laws concerning criminal

procedure that are applicable when a corporation is the accused or a suspect shall apply mutatis

mutandis.

Article 53.

An officer of the Center that is in violation of an order issued pursuant to Article 41 shall be punished

by a non-penal fine of not more than 200,000 yen.

Article 54.

A person who falls under any of the following items shall be punished by a non-penal fine of not more

than 200,000 yen:

(i) A person who fails to give notification pursuant to Article 22, paragraph (2) or has given false

notification; and

(ii) A person who fails to retain financial statements or fails to enter the matters to be entered in

financial statements or has made false entries in violation of Article 27, paragraph (1) or who

refuses a demand made pursuant to Article 27, paragraph (2)without any justifiable reason.

Supplementary Provisions

Article 1. Effective Date

This Act shall come into effect as of April 1, 2020.

Article 2. Partial Revision of the Local Autonomy Act

The Local Autonomy Act is partially revised as follows:

The following is added to Appended Table 1.

Agricultural, Forestry and Fishery

Products and Food Export Facilitation

Act (Act No. 57 of 2019)

Affairs to be processed by prefectures, the designated

cities and the special wards pursuant to Article 38,

paragraph (2)

Article 3. Partial Revision of the Registration and License Tax Act

The Registration and License Tax Act (Act No. 35 of 1967) is partially revised as follows:

The following is added after item 87-2 of Appended Table 1.

Registration of Registered Approval Organizations in connection with conforming establishments

for products and food with establishment approval requirements.

Registration (excluding renewal of registration)

pursuant to Article 2, paragraph (3) (registration

of Registered Approval Organizations) of the

Agricultural, Forestry and Fishery Products and

Food Export Facilitation Act (Act No. 57 of 2019)

Number of

registrations

90,000 yen per

registration

Article 4. Partial Revision of the Act on the Food and Agricultural Materials Inspection Center,

Independent Administrative Agency

The Act on the Food and Agricultural Materials Inspection Center, Independent Administrative

Agency (Act No. 183 of 1999) is partially revised as follows:

In Article 10, paragraph (2), item (viii) is moved to item (ix), and items (iii) through (vii) are moved

down by one item respectively, and the following item is added after item (ii).

(iii) On-site inspection and questioning pursuant to Article 40, paragraph (1) of the Agricultural,

Forestry and Fishery Products and Food Export Facilitation Act (Act No. 57 of 2019)

Article 5. Partial Revision of the Act Partially Amending the Food Sanitation Act

The Act Partially Amending the Food Sanitation Act (Act No. 46 of 2018) shall be partially revised as

follows:

The provisions of Article 1 that add two Articles after Article 65-3 of the Food Sanitation Act (Act No.

233 of 1947) are revised as follows.

The following two Articles are added after Article 65-3.

Article 65-4 and Article 65-5: Deleted

Article 6. Partial Revision of the Act for Establishment of the Ministry of Agriculture, Forestry and

Fisheries

The Act for Establishment of the Ministry of Agriculture, Forestry and Fisheries (Act No. 98 of 1999)

is partially revised as follows:

In the table of contents, "Article 16-2" is revised to "Article 16-3."

The following item is added after Article 4, paragraph (1), item (xi).

(xi-ii) Affairs specified in Article 4 of the Agricultural, Forestry and Fishery Products and Food Export

Facilitation Act (Act No. 57 of 2019)

In Article 12, paragraph (2), "Council for the Promotion of Dietary Education" is revised to "as

follows" and the following is added to the same paragraph.

Council for the Promotion of Dietary Education

Headquarters for Export of Agricultural, Forestry and Fishery Products and Food

In Chapter III, Section 4, the following Article is added after Article 16-2.

Article 16-3. Headquarters for Export of Agricultural, Forestry and Fishery Products and Food

Matters concerning the Headquarters for Export of Agricultural, Forestry and Fishery Products and

Food shall be governed by the Agricultural, Forestry and Fishery Products and Food Export

Facilitation Act (including orders issued pursuant to that Act).

In Article 24 and Article 31, "item (x) through item (xiii)" is revised to "item (x), (xi), (xii), and (xiii)."