food basic law japan

8/17/2019 Food Basic Law Japan

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1 Establishment of Food Safety Basic Law of 2003

1-1 Growing Mistrust of Consumers on Food Safety

After a cow infected with mad-cow-disease was identified in Japan in September 2001 thefundamenta! change of the !aw system for ensuring food safety was obser"ed in Japan# Foodsafety measures ha"e been main!y regu!ated by the Food Sanitation $aw which was estab!ished

in 1%&' two years !ater of the end of the Second (or!d (ar and ha"e been a!so regu!ated part!y

by the $aw Concerning Standardi)ation and *roper $abe!!ing of Agricu!ture and Forestry

*roducts of 1%+0 ,JAS $aw# .hese !aws aimed at pre"enting the distribution of !ow-/ua!ity foodand harmfu! food to human hea!th in the marets under the se"ere short supp!y of food in Japan#

n the subse/uent years the !aws ha"e been amended for adapting to new circumstances re!ated

to food#

uring !ate 1%30s and 1%%0s se"era! measures were taen in responding the growing interest

and concerns of consumers on nutrition and hea!th# 4ne of the measures was the 5utrition$abe!!ing ,!aw or guide!ine6 of 1%%7 which regu!ates !abe!!ing of nutritious e!ements such as

energy protein fat carbon-dio8ide etc# n 2001 !abe!!ing of a!!ergens on food becamemandatory# n the same year an appro"a! system for hea!th functiona! food was introduced#

9owe"er the core of the food safety regu!ations in the !aw has remained a!most unchanged for

many years e8cept measures concerning pesticides and food additi"es# n 1%%+ a significantchange regarding food safety was made# .he "o!untary 9ACC* system was introduced in some

areas of the food processing industry and regu!ations on pre-maret appro"a! of GM4 and

!abe!!ing of GM4 were estab!ished#

n 1%%7 a gra"e food poisoning by 4-1+' occurred in primary schoo!s in 4ayama *refecture

and the City of Saai# n that year 3:1& patients a!! o"er Japan were identified as being infectedwith 4-1+'# n the fo!!owing se"era! years many incidents re!ated to food safety were obser"ed#

n 1%%% a .; station ,or program reported that the green tea in .ooro)awa ,5orthwest of.oyo was contaminated with dio8in# n 2000 more than 1+000 peop!e were suffered from

food poisoning by staphy!ococcus aureus in mi! produced by a p!ant of a factory of a !arge dairy

company# n 2001 non appro"ed GM corn ,Star!in for human consumption was mi8ed in a

food product#

.he ma<ority of consumers in Japan were in strong an8iety that food safety may not be ab!e to be

ensured by the present system whi!e it has been meticu!ous!y e!aborated# .hey had a fear thatthey cou!d be infected by a new infectious disease and they deepened mistrust to the safety of

new food in particu!ar GM food# n addition consumers ha"e some doubt on imported foodwhose share of the tota! supp!y in Japan is o"er 70 = on energy basis#

>? countries and America were in the simi!ar situation to Japan in the same years# .he situationof >urope was more se"ere than Japan# @S> which was found in the ? in 1%37 a!so pre"ai!ed

in many other countries around 1%%0# .he >? Commission as we!! as >? countries ha"e

e8amined an appropriate !ega! and administrati"e system to effecti"e!y ensure foodsafety# iseases caused bysa!mone!!ae and 4-1+' cou!d not be effecti"e!y pre"ented in the ?S#



t is reported that e"en now the number of patients hospita!i)ed by food poisoning amounts to

o"er 2:2000 and peop!e died from food poisoning are appro8imate!y +000 each year in the ?S#

Recent Major Cases of Food oisonin! in

"a#an

May 1%%7

May 1%%3

March 1%%%

Summer of1%%3 and1

%%%

June 2000

4ctober 2000

March 2001

May 2001

September 2001

4-1+' food poisoning in 4ayama *refecture and 4saa#

.he number of patients was around 10000#Sprouts of Japanese radish were suspected to be an origin of

the infection#

4-1+' food poisoning in sa!mon roe dipped in soy sauce in9oaido

Food poisoning by sa!mone!!ae in processed s/uid produced bya factory in Aomori *refecture

Many cases of food poisoning by "ibrio parahaemo!yticus in sea

food

Food poisoning by staphy!ococcus aureus in mi! produced by a p!ant of a mi! products company# *atients were o"er 1+000#

Genetica!!y modified corn BStar!in which was under the

safety e"a!uation process was detected in food#

4-1+' food poisoning in beef tataki or fresh beef s!ices with

burnt surface in .ochigi *refecture#

Genetica!!y modified potato B5ew $eaf *!us which was under

the safety e"a!uation process was detected in snac food

products#

.he products containing this potato were wide!y withdrawnfrom the maret#

A cow infected by @S> was found in Chiba prefecture#



Apri! 2002 FA4 $iaison 4ffice in Japan

1-2 @S> in Japan

n Japan rather !oose measures ha"e been taen for pre"ention of the penetration of @S> into

Japan a!though the >? which had many-year e8perience of @S> sent a message that there is a possibi!ity of @S> outbrea in Japan through the @S> status study# A cow in Chiba *refecture

was identified as being infected with @S> in September 2001# .he beef industry p!unged intochaos and consumers refrained from eating beef e"en imported beef from Austra!ia and the ?S#

Statistics shows that the /uantity of consumption of beef in a househo!d per month decreased to

170 g in ecember 2001 from 270g in January 2001#

nappropriate hand!ings of measures to be taen against @S> by the administration were re"ea!edand critici)ed by many persons concerned# Fo!!owing the @S> incident se"era! fraud cases in the

meat industry were a!so re"ea!ed# .o tae some e8amp!es a case of January 2002 that imported

beef was mi8ed in pacages of domestica!!y produced beef to be purchased by the go"ernment asa measure dea!ing with the @S> disaster three incidents of fa!se best-before date indications

fa!se !abe!!ing on imported chicen and fa!se origin indication of meat in March 2002#

Moreo"er during the confusion due to the @S> incident it was found that imported fro)en

spinach in which pesticides remained o"er the !imit of residue standard had been wide!yimported in Japan# 10 non-registered pesticides were wide!y used by farmers#

Decent Main Fraud and Fa!se $abe!!ing Cases in Japan

Januar

y 2002

March

2002

March

2002

March

2002

mported beef was mi8ed in pacages of domestica!!y

produced beef to be purchased by the go"ernment#

Chicen imported by a company of chicen foods was!abe!ed as domestica!!y produced chicen#

Fa!se best-before date was put on foods produced by a

factory in .oyo#

@eef and por produced in other regions were mi8ed in

pacages of brand beef and por by food processingcompanies in .ottori and barai *refectures#

Apri! 2002 FA4 $iaison 4ffice in Japan

.he fundamenta! reform of regu!ation systems and administration concerning food safety was

regarded as one of the most urgent and important issues in Japan# n this connection the



Commission on n"estigation and >8amination of @S> ssues was organi)ed as a pri"ate

ad"isory body to the ministers concerned in 5o"ember 2001# .he tas of the Commission was to

recommend the out!ine of the reform on food safety po!icy based on the findings of thein"estigation of the reason why the infection of @S> cou!d not be pre"ented# .he report of the

Commission issued in Apri! 2002 accused of mishand!ing of the administration ana!y)ed the

defect of the system and recommended a fundamenta! restructuring of the system re!ated to thefood safety# .he reform recommended was "ery simi!ar to that taen by the >? in the pre"ious

year# .he core of the reform is the introduction of the ris ana!ysis appropriate measures in each

stage of the food chain from farm to tab!e# t was recommended that the estab!ishment of aninstitution to independent!y perform the ris assessment#

Meanwhi!e the go"ernment has urgent!y taen up necessary measures such as the @S>

inspection on a!! the catt!e in abattoirs# At the same time the go"ernment con"ened the

ministeria! meetings since Apri! 2002# .he $ibera! emocratic *arty the ru!ing party a!so he!d %meetings from March 2002 to May 200:#

Reference$Deport of the Commission on n"estigation and >8amination of @S> ssues ,Summary

,1 efau!ts of the >8isting Food Safety *o!icyAt first the Deport identifies the fo!!owing ma!functions in the e8isting food safety po!icy in

Japan#

・$ac of consciousness of crisis and the insufficient crisis management system

・ndustry-oriented po!icy rather than consumer protection

・

Administrati"e system with opa/ue process of po!icy decision・nsufficient re!ationship between MAFF and M9$(

・*o!icies not ref!ected by opinions of scientists and insufficient information disc!osure

・$ac of understanding among consumers

,2 4ut!ine of *roposed Deform

@ased on the abo"e assessment on the e8isting po!icy the Deport proposes the fo!!owing three

points#

a *!acing *riority on Consumer *rotection

A fundamenta! reform of the e8isting !egis!ation concerning food safety wou!d be needed# .henew !egis!ation shou!d recogni)e the po!icy priority on protection of consumersE hea!th and their

rights to access safe food# .o achie"e this ob<ecti"e the reformed !egis!ation shou!d stipu!ate the

responsibi!ities of the go"ernment and the business operators concerned#

b ntroduction of the Dis Ana!ysis



.he Code8 Commission maes it c!ear that )ero ris cou!d not be e8pected in the food safety

po!icy as the scientific now!edge has been accumu!ated under the progress of the science# A

ris is a degree of probabi!ity of harmfu! effect caused by the e8istence of ha)ards in food# @asedon this scientific notion on food safety Bthe ris ana!ysis shou!d be introduced# Such ris

ana!ysis is a system for pre"enting a possib!e ha)ard or for maing it as sma!! as possib!e when a

ha)ard to citi)ens or groups in the society is e8pected to occur# .he ris ana!ysis is composed ofBris assessment Bris management and Bris communication# t has been a!ready introduced

in !aws of the >? and its member countries as a system for ensuring food safety#

A system for tracing and e8amining food in the food chain wou!d be needed in !ight of the @S>

incidence and the fo!!owing cases of fa!se !abe!!ing# According!y the traceabi!ity is considered to be a system that shou!d be app!ied to a!! foods in the who!e food chain aiming at ensuring food

safety#

c Deform of the Administrati"e System

n "iew of eeping independence and consistency the ris assessment shou!d be conducted by anorgani)ation which is independent of ministries in imp!ementing ris management# n addition a

coordination system shou!d be estab!ished by e8amining demarcation of functions of food safety

po!icy among ministries# .he function of co!!ecting o"erseas information and pro"iding the

pub!ic with the information shou!d be assigned to the organi)ation to perform the risassessment whi!e strengthening the function of !iaison and coordination with internationa!

organi)ations and foreign countries#

%3& 'mendment of Laws

.he Deport proposes that the fo!!owing !egis!ati"e reform shou!d be e8amined in si8 months and

necessary measures shou!d be taen according to it#

a A !aw of the comprehensi"e food safety po!icy aiming at the protection of consumers shou!d

be estab!ished and the Food Sanitation $aw the Abattoir $aw and other !aws concerning food

safety shou!d be amended#

b n reference of the restructuring of food safety agencies in the >? member countries an

organi)ation which performs independent and consistent ris assessments and has the function

of coordination with ministries concerned shou!d be new!y estab!ished#

1-: >stab!ishment of the Food Safety @asic $aw

@ased on the abo"e report the proposa! of the reform of the !egis!ation and the administrati"e

structure was discussed and the draft bi!!s were made in the go"ernment and in the ru!ing party# .he bi!!s were

passed in the ordinary diet session of 200:# .he Food Safety @asic $aw was estab!ished and other !aws

concerned were estab!ished and amended in May and June 200:#

5ote



・Food Sanitation $aw ,1%&'

・Abattoirs $aw ,1%+:

・*ou!try S!aughtering @usiness contro! and *ou!try Meat nspection $aw,1%%0

・9ea!th *romotion $aw ,2002were amended#

・Agricu!tura! Chemica!s Degu!ation $aw ,1%&3 ・Ferti!i)ers Contro! $aw ,1%+0

・*harmaceutica! Affairs $aw ,1%70

・omestic Anima! nfectious isease contro! $aw ,1%+1

・$aw on Securing Safety and mpro"ing ua!ity of Feed ,1%+:

・*ro"isiona! 9ACC* *romotion $aw ,1%%3

・$aw on >stab!ishment of the Ministry of Agricu!ture Forestry and Fisheries ,1%%%

were amended#

・@eef .raceabi!ity $aw of 200: was estab!ished

1-& @asic *rincip!es of the Food Safety @asic $aw

.he !aw understands that the e8isting system shou!d be impro"ed to precise!y respond to the

de"e!opment of science and techno!ogy and the progress of internationa!i)ation and other

changes in the en"ironment surrounding JapanEs dietary habits ,Artic!e 1#

.he !aw says that food safety sha!! be ensured by taing necessary measures based on the simp!e

recognition that the protection of hea!th of our citi)ens is a top priority ,Artic!e :# t means that

the industry-oriented po!icies in the past shou!d be changed to consumer-oriented ones# .heob<ecti"e of the direct protection of consumers and the p!acement of priority to consumers was

adopted in the Consumer Fundamenta! $aw of 200& as we!!#

.he !aw affirmati"e!y recogni)es that food safety sha!! be ensured by taing necessary measures

appropriate!y at each stage of the food supp!y process from production to consumption# .his po!icy of Bfrom farm to tab!e was confirmed in the >? Food Safety $aw of 2002# n addition

the !aw under!ines the responsibi!ity of business operators who produce import and se!! food and

production materia!s under!ing that they sha!! be responsib!e for appropriate!y taing necessary

measures to ensure food safety at each stage of the food supp!y process ,Artic!e 3# .his meansthat traditiona! food safety measures based on the chec of fina! products is not sufficient#

Appropriate measures shou!d be taen in each stage of the food supp!y process of production and

distribution and the use of production materia!s such as feed chemica!s and food additi"es aswe!! as production and distribution of agricu!tura! products and processed food# t imp!ies that

the inter"ention to the production and distribution process wou!d be more necessary# Such new

methods in production and distribution are traceabi!ity good agricu!tura! practices ,GA*organic farming 9ACC* etc# .hese measures wi!! not be we!! performed without acti"e

participation of business operators#

.he !aw says that food safety sha!! be ensured by taing necessary measures on the basis of

scientific now!edge and by sufficient!y considering internationa! trends and opinions of citi)enson food safety ,Artic!e +#



.his is one of the most important parts of the !aw# .he !aw dec!ared that Japan shou!d introduce

the ris ana!ysis which was e!aborated by the Code8 based on the origina! concepts of the ?S

and the >?# .herefore measures shou!d be based on the scientific princip!es and taen so as to pre"ent ha)ards to human hea!th# t imp!ies a shift from traditiona! Bremedia! ,or correcti"e

measures to Bpre"enti"e measures# (hen we consider the Artic!e 11,pro"isionary measures

the !aw seems to ha"e app!ied Bthe precautionary princip!e a!though it is not c!ear!y stated so init# .he !aw a!so reiterates that measures shou!d be taen in due consideration of the internationa!

trends# n the fact that the internationa! food trade has been enormous!y increasing the

harmoni)ation of measures is /uite important to a"oid trade conf!icts as far as possib!e# n thisregard the !aw appea!s that the go"ernment shou!d tae into consideration standards and

guide!ines of the Code8 and other internationa! standards as we!! as the S*S and the .@.

agreements of (.4 at the time of taing measures#

1-+ @asic irections of the Food Safety @asic $aw for *o!icy Formu!ation

.he !aw orders that a ris assessment shou!d be made for each measure before it is taen# .his

assessment is ca!!ed Bthe Assessment of the >ffect of Food on 9ea!th which sha!! be conductedin an ob<ecti"e neutra! and fair manner on the basis of the state-of-the-art scientific now!edge

of the time# n formu!ating po!icies to ensure food safety the ris assessment sha!! be conductedfor the purpose of pre"enting and restraining the ad"erse effect on human hea!th in consideration

of the dietary habits of citi)ens and other circumstances and on the basis of the resu!ts of the

assessment of the effect of food on hea!th ,Artic!es 11 and 12# According!y the !aw seems toadopt the Bproportionate princip!e#

.he !aw a!so emphasi)es the importance of the ris communication in formu!ating measures

stating that the mutua! e8change of information and opinions between the persons concerned and

the authorities shou!d be made by pro"iding information to the persons concerned on the

measures and by granting them opportunities to transmit their opinions on those measures inorder to ref!ect pub!ic opinion in the formu!ation of the measures and to maintain the

transparency and fairness of the process ,Artic!e 1:#

Measures for emergency is regarded as a matter of importance in the !aw# .he !aw states thatnecessary measures such as the estab!ishment of a system to cope with or pre"ent emergency

situations that cause or are !ie!y to cause serious damage to human hea!th sha!! be taen to

pre"ent such damages ,Artic!e 1&#

1-7 Food Safety Commission

.he $aw orders that the Food Safety Commission sha!! be estab!ished in the Cabinet 4ffice,Artic!e 22# .he Commission is to perform ris assessment independent!y from the ministries

responsib!e for ris management as we!! as from po!itica! parties and industries concerned and

to conduct ris communications and coordination of ris communications made by ministries#

uring studies on the reform of the administrati"e structure for food safety po!icy the integration

of MAFFEs and M9$(Es duties of ris management into a sing!e agency was studied# 9owe"er



it resu!ted in the present ris management system separate!y performed by the two ministries

being maintained on condition of estab!ishing c!oser re!ations between the two ministries#

According to Artic!es 2: and 2& of the !aw the Commission sha!! pursue the fo!!owing duties#

,1 .o present opinions to the *rime MinisterH

,2 .o conduct ris assessmentH

,: .o mae recommendations to ministers concerned through the *rime Minister about po!icies

to be imp!emented for ensuring food safety on the basis of the ris assessmentH

,& .o monitor the imp!ementation of po!icies performed on the basis of the resu!ts of the ris

assessment and to mae recommendations to ministers concerned through the *rime Minister ifnecessaryH

,+ .o e8amine and de!iberate on important matters regarding po!icies to be imp!emented forensuring food safety and to gi"e opinions to the heads of re!e"ant administrati"e bodies if

necessaryH and,7 .o p!an and imp!ement the mutua! e8change of information and opinions among persons

concerned ,Artic!e 2:#

n particu!ar ministries responsib!e for the ris management shou!d re/uest the Commission for

the ris assessment and its opinions before they tae measures re!ated to food safety assigned bythe fo!!owing 1: !aws ,Artic!e 2&#

・Food Sanitation $aw ,$aw 5o 2:: of 1%&'

・Agricu!tura! Chemica!s Degu!ation $aw ,$aw 5o# 32 of 1%&3

・Ferti!i)er Contro! $aw ,$aw 5o# 12' of 1%+0

・omestic Anima! nfectious isease Contro! $aw ,$aw 5o# 177 of 1%+1

・$aw Concerning Safety Assurance and ua!ity mpro"ement of Feed ,$aw 5o# :+ of1%+:

・Abattoirs $aw ,$aw 5o# 11& of 1%+:

・(aterwors $aw ,$aw 5o# 1'' of 1%+'

・*harmaceutica! Affairs $aw ,$aw 5o# 1&+ of 1%70

・Agricu!tura! $and Soi! *o!!ution *re"ention $aw ,$aw 5o# 1:% of 1%'0



・*ou!try S!aughtering @usiness Contro! and *ou!try Meat nspection $aw ,$aw 5o# '0 of

1%%0

・$aw Concerning Amendments to the Food Sanitation $aw and the 5utritionmpro"ement $aw ,$aw 5o# 101 of 1%%+

・$aw Concerning Specia! Measures against io8ins ,$aw 5o# 10+ of 1%%%

・$aw Concerning Specia! Measures against @o"ine Spongiform >ncepha!opathy ,$aw 5o#

'0 of 2002

Ministries may re/uest the Commission for ris assessment on a "o!untary basis#

.he !aw stipu!ates for emergency as fo!!ows#

.he ob!igation of the performance of ris assessment sha!! not app!y to a case where there is no

time to conduct an assessment of the effects of food on hea!th in ad"ance in case that themeasure is urgent!y necessary to be taen to pre"ent or contro! an ad"erse effect on human

hea!th ,Artic!e 11#

.he Commission may re/uest that research institutions wou!d conduct in"estigation ana!ysis or

e8amination necessary for the assessment of the effect of food on hea!th if it is recogni)ed

to be necessary for coping with an emergency situation that cause or are !ie!y to cause

serious damages ,Artic!e 2'#

Source

・ Food Regulation and Trade (Toward a Safe and Open Global System)

Tim Josling, onna Roberts, a!id Orden, T"e #nstitute for #nternational $conomics

%&&', Translation into Japanese by Jiro S"iwaku #eno ikari ssociation %&&*

・ Report of t"e +ommission on #n!estigation and $amination of -S$ #ssues (written in Japanese)（ %

pril %&&%）

・ Report on -S$, FO .iaison Office in Japan, pril %&&%

・ Risk analysis and safety of food (written in Japanese) /ukiko /amada、 Researc" of gricultural

#ssues, 0olume 12 ' %&&1

・ Role of Risk nalysis in t"e #nternational Food Standard Setting (written in Japanese)3

456iyagis"ima, Food Sanitation Researc", 0ol5*% (7), %&&%

・ Outline of 8ew Food Sanitation .aw (written in Japanese) Jinen 8agase 9olicy of .abour %&&1



・Securing Food Safety（ :"ite paper of food %&&'）(written in Japanese) Food and griculture 9olicy

Researc" +entre %&&1

・ 9oints and Scope of Food Safety -asic .aw(written in Japanese) #sao 4a;ii /oko

8iiyama、 ssociation of gricultural and Forestry Statistics、%&&1

・ $conomic study of safety and reliability of food (written in Japanese)、/asu"iro 8aka;ima、+oop

9ublis"、%&&'

・食品不安は解消されるか」、 4unitatu Fu;iwara、 Ryokufu 9ublis"、%&&'

・ Food Safety -asic .aw（ .aw no '2 %1 6ay %&&1）

・ roit de la consummation, Jean +alais<uloy, Frank Steinmet=, allo=, %&&1

2 (he reca)tionary rinci#le

2-1 efinition of the *recautionary *rincip!e

.he precautionary princip!e means that pro"isionary ris management measures cou!d be taen

to pre"ent potentia! ha)ards to human hea!th e"en if uncertainty of scientific e"idence remains

whi!e the ris assessment was made based on the a"ai!ab!e information of the time#

As concern about food security ha"e been growing in recent years precautionary measures ha"e been considered as a matter of importance# .he princip!e contents and conditions of the

precautionary princip!e ha"e been discussed in internationa! fora since measures not based on

scientific e"idence cou!d be an obstac!e to the internationa! trade# .he >C has adopted the precautionary princip!e for many years as one of the princip!es of the common !aw ,wata

5obuto# 4n the other hand the ?SA and some other countries consider that precautionarymeasures shou!d be a pre"enti"e approach which cou!d be taen for an e8ceptiona! case# (.4has a!so the simi!ar opinion to the ?SA on the precautionary princip!e ,A"is de C5Ａ no :0#

2-2 .he *recautionary *rincip!e for the >n"ironmenta! e"e!opment

.he precautionary princip!e has been internationa!!y e!aborated in re!ation with the protection of

the en"ironment# At the ?nited 5ations >n"ironment e"e!opment Conference in 1%%2 it was

agreed that measures cou!d be taen to pre"ent possib!e negati"e impact to the irrep!aceab!een"ironment in the e"ent where there is !ac of scientific certainty# A c!ause concerning the

precautionary princip!e in the .reaty >stab!ishing the >uropean Community of 2002 was p!aced

,.it!e II >n"ironment Artic!e 1'&# n 1%%+ an artic!e of the precautionary princip!e for theen"ironment was c!ear!y stated in the Dura! Code of France by the @arnier Act# ,$ #200-1



.he .reaty >stab!ishing the >uropean Community of 2002

Artic!e 1'&

2# Community po!icy on the en"ironment sha!! aim at a high !e"e! of protectiontaing into account the di"ersity of situations in the "arious regions of the

Community# t sha!! be based on the precautionary princip!e and on the princip!es

that pre"enti"e action shou!d be taen that en"ironmenta! damage shou!d as a priority be rectified at source and that the po!!uter shou!d pay#

n the Cartagena *rotoco! adopted in 2000 concerning bio-safety the precautionary princip!e wasa!so agreed regarding the transaction of !i"ing modified organism# .he Artic!e 10#7 states that

!ac of scientific certainty sha!! not pre"ent a member country importing the modified !i"ing

organism from taing an appropriate decision in order to a"oid potentia! ad"erse effects#

Cartagena *rotoco! on @iosafety

Artic!e 10# ecision *rocedure

7# $ac of scientific certainty due to insufficient re!e"ant scientific information and

now!edge regarding the e8tent of the potentia! ad"erse effects of a !i"ing modifiedorganism on the conser"ation and sustainab!e use of bio!ogica! di"ersity in the *arty of

import taing a!so into account riss to human hea!th sha!! not pre"ent that *arty from

taing a decision as appropriate with regard to the import of the !i"ing modified

organism in /uestion as referred to in paragraph : abo"e in order to a"oid or minimi)esuch potentia! ad"erse effects#

2-: .he *recautionary *rincip!e in De!ation to Food Safety

For many years precautionary measures ha"e been taen to pre"ent ha)ards to human hea!th as

the case may be# 9owe"er the precautionary princip!e has been internationa!!y discussed in

association with the ris ana!ysis which fundamenta!!y re/uires the ris management based onscientific e"idence#

.he >? considers that the precautionary princip!e shou!d be incorporated as one of the e!ementsof ris ana!ysis# .herefore the >? e!aborated the contents and conditions of measures to be

taen under the precautionary princip!e# n 2000 the >? re!eased the Communication on the*recautionary *rincip!e ,C4M2000001 fina!#

Fina!!y the >? stipu!ated the precautionary princip!e in Artic!e ' of the regu!ation of 2002

concerning the food safety ,Degu!ation 5o 1'32002 of the >uropean *ar!iament and of the

Counci! of 23 January 2002# Artic!e ' states that in specific circumstances where the possibi!ity



of harmfu! effects on hea!th is identified but scientific uncertainty persists pro"isiona! ris

management measures necessary may be adopted#

Artic!e ' added that the measures adopted abo"e sha!! be proportionate and not be restricti"e totrade and the measures sha!! be re"iewed within a reasonab!e period of time#

>? Degu!ation of 2002 concerning the food safety

rticle 7 *recautionary princip!e

1# n specific circumstances where fo!!owing an assessment of a"ai!ab!e information

the possibi!ity of harmfu! effects on hea!th is identified but scientific uncertainty

persists pro"isiona! ris management measures necessary to ensure the high !e"e! ofhea!th protection chosen in the Community may be adopted pending further scientific

information for a more comprehensi"e ris assessment#

2# Measures adopted on the basis of paragraph 1 sha!! be proportionate and no more

restricti"e of trade than is re/uired to achie"e the high !e"e! of hea!th protection chosenin the Community regard being had to technica! and economic feasibi!ity and other

factors regarded as !egitimate in the matter under consideration# .he measures sha!! be

re"iewed within a reasonab!e period of time depending on the nature of the ris to !ifeor hea!th identified and the type of scientific information needed to c!arify the scientific

uncertainty and to conduct a more comprehensi"e ris assessment#

4n the other hand the ?SA and some other countries consider that the precautionary measuresare to be e8ceptiona! ones which shou!d be e8amined as the case may be# .hey be!ie"e that the

precautionary measures not based on scientific e"idence cou!d be a substantia! obstac!e to the

internationa! trade# .herefore they ha"e a!ways been in opposition to the precautionary princip!ein the internationa! fora#

9owe"er the Sanitary and *hytosanitary Agreement conc!uded in 1%%& seems to adopt the

precautionary princip!e# Artic!e + states that a member country may pro"isiona!!y tae measures

in cases where re!e"ant scientific e"idence is insufficient#



Sanitary and *hytosanitary Agreement

Artic!e +

'# n cases where re!e"ant scientific e"idence is insufficient a Member may pro"isiona!!y adopt sanitary or phytosanitary measures on the basis of a"ai!ab!e

pertinent information inc!uding that from the re!e"ant internationa! organi)ations as

we!! as from sanitary or phytosanitary measures app!ied by other Members# n suchcircumstances Members sha!! see to obtain the additiona! information necessary for

a more ob<ecti"e assessment of ris and re"iew the sanitary or phytosanitary measure

according!y within a reasonab!e period of time#

2-& .he *recautionary *rincip!e in Japan

.he Commission on n"estigation and >8amination of @S> ssues c!ear!y reported in 2002 thatresponsibi!ities of the go"ernment inc!uding the precautionary princip!e shou!d be defined in thenew !ega! system for food safety# 9owe"er the term of Bprecautionary princip!e has not been

adopted in c!auses of the Food Safety @asic $aw or the amended Food Sanitation $aw# Some

artic!es actua!!y p!ace importance on precautionary or pre"enti"e measures and appropriatemeasures for emergency# .herefore it is concei"ab!e that the Food Safety @asic $aw adopted the

notion of the precautionary princip!e#

n this connection Mr# ?me)u Secretary Genera! of the Food Safety Commission responded to

a /uestion raised in a *ar!iament session as fo!!ows#

(hi!e there is not any c!ause c!ear!y referring to the precautionary princip!e in the Food Safety@asic $aw there are 2 c!auses re!ated to the precautionary princip!e# .he first one is the Artic!e

11 which a!!ows the ris management authority to tae a pro"isiona! measure without the prior

ris assessment the second one is the Artic!e 12 which means that a necessary measure may betaen in consideration of the dietary habits of citi)ens and other circumstances without the ris

assessment#

A !a !ecture des te8tes de !a $oi i! est diffici!e de sa"oir si !e Japon a adoptK !e principe de

prKcaution# Ceu8-ci ne comportent aucune prKcision sur !a dKfinition !es moda!itKs et !esconditions re!ati"es au8 mesures de prKcaution#



,mp!ementation of assessment of the effect of food on hea!th

Artic!e 11

n formu!ating po!icies to ensure food safety assessment ,hereinafter referred to as theBassessment of the effect of food on hea!th sha!! be made for each po!icy on the effects

that potentia!!y harmfu! bio!ogica! chemica! or physica! agents in food or the condition

of food ha"e on human hea!th through the ingestion of the food pro"ided that this sha!!not app!y to the fo!!owing cases

,1 where the assessment of the effect of food on hea!th is e8p!icit!y unnecessary in

consideration of the contents of the measureH

,2 where the contents and degree of ad"erse effects on human hea!th are c!earH

,: where there is no time to conduct an assessment of the effects of food on hea!th inad"ance in cases where the measure is urgent!y necessary to pre"ent or contro! an ad"erse

effect on human hea!th#

2# n cases as cited in ,: of the preceding paragraph the assessment of the effect of foodon hea!th sha!! be conducted subse/uent!y and without de!ay#

,Formu!ation of po!icies on the basis of the resu!ts of the assessment of the effect of food

on hea!th in consideration of the conditions of nationa!sE dietary habits and other

circumstancesArtic!e 12

n formu!ating po!icies to ensure food safety it sha!! be conducted for the purpose of

pre"enting and restraining the ad"erse effect of food ingestion on human hea!th inconsideration of the dietary habits of citi)ens and other circumstances and on the basis of

the resu!ts of the assessment of effect of food on hea!th if conducted in accordance with

the pro"isions of paragraph 1 or 2 of the preceding artic!e#

Source:

・T"e Treaty $stablis"ing t"e $uropean +ommunity of %&&%

・+ode Rural in France ( .oi -arnier du % fe!rier >??*)

・ .@ !is no 1& Rapport et a!is sur le principe de prAcaution et la responsabilitA dans le

domaine alimentaire ＣＮＡ



・ 9rotocol on -iosafety concerning t"e safe transfer, "andling and use of li!ing modified organisms

resulting from modern biotec"nology (+artagena 9rotocol on -iosafety) %&&&

・ Sanitary and 9"ytosanitary greement of >??'

・ $B +ommunication on t"e 9recautionary 9rinciple(+O6C%&&&C&&> final)5

・ Regulation of %&&% concerning t"e food safety (Regulation 8o >72C%&&% of t"e $uropean 9arliament

and of t"e +ouncil of %2 January %&&%)

・ istant course of food laws in t"e world 6odule ' 6ic"igan State uni!ersity

・:TO and 9recautionary 9rinciple(written in Japanese) 8obuto #wata griculture andForestry

Statistics ssociation %&&'

・ Food Safety -asic .aw %&&1 in Japan

3 (raceability

:-1 efinition and 4b<ecti"e of the .raceabi!ity

efinition of the traceabi!ity s!ight!y "aries depending on countries and internationa!

organi)ations# t is most common!y understood that the traceabi!ity is an abi!ity to trace themo"ements of products in the product chain from production to consumption by recording their

transactions in each stage of the chain# t is usua!!y effecti"e to identify in which stage the ha)ard

has occurred by tracing transaction process#

.he Code8Es definition of the traceabi!ity which was agreed in the Committee of the Genera!

*rincip!es in Apri! 200& is the abi!ity to fo!!ow the mo"ement of food through specified stage,sof production processing and distribution# According to the >?Es definition which was referred

in the Degu!ation of 2002 ,1'32002 the traceabi!ity means the abi!ity to trace and fo!!ow afood feed food-producing anima! or substance intended to be or e8pected to be incorporated

into a food or feed through a!! stages of production processing and distribution#

(hi!e the recording of transaction has been part!y made for many years ob<ecti"es and

moda!ities of the traceabi!ity ha"e been intensi"e!y discussed for securing safety and /ua!ity offood after @S> cases occurred in >uropean and some other countries# At the moment the

traceabi!ity is one of the important too!s for securing food safety and sometimes for securing

re!iabi!ity of food /ua!ity in >uropean countries and some other countries !ie Japan# t may be

regarded as a compensatory system to measures for food safety#

9owe"er many other countries inc!uding the ?SA and Austra!ia consider that the traceabi!ity is

not an essentia! too! in securing food safety and it re/uires a !ot of costs for the industry#

.herefore any officia! traceabi!ity system has not been introduced into these countries#

:-2 .raceabi!ity in France



France has a !ong history of traceabi!ity# .he system of traceabi!ity was incorporated in the

distribution of wine of appe!!ation dEorigine which was formu!ated in 1%1%# .he ob<ecti"e of the

traceabi!ity was to pre"ent fa!se indication on wine# ?nder this system growers sha!! submit areport of e8pected har"est and the cu!ti"ated area of grapes of the year# At the time of re!ease of

wine from the ce!!ar the ta8 authorities confirm the /uantity to be re!eased and issue a !icense of

distribution# (ho!esa!ers of each stage of distribution sha!! mae a specia! record of transactionof each wine of appe!!ation# At the re/uest of the authorities of ta8ation or fair trade the

who!esa!ers shou!d show them the record of transactions#

4fficia! certification systems of /ua!ity and origin in France for A4C ,1%:+ $abe! Agrico!e

,1%70 Certification of Conformity ,1%%0 and 4rganic *roducts ,1%30 pro"ide the forwardtraceabi!ity within their technica! standards ,cahier des charges#

Degarding beef France introduced the indi"idua! catt!e identification system more than 20 years

ago# n 1%%' the industry agreed that the p!ace of birth feeding the abattoir of the anima! etc

shou!d be indicated on the !abe!# 4n the basis of this agreement the officia! regu!ation ,arrLtK

was estab!ished in 1%%3# .hen in the fo!!owing year ,1%%% this regu!ation was rep!aced by the!aw ,dKcret for the traceabi!ity of bo"ines#

#n 1%%% $oi dE4rientation Agrico!e stipu!ated that a !aw sha!! pro"ide a !ist of products whose

traceabi!ity is to be ensured and estab!ish procedures for registration of information andidentification of products or !ot of products# $oi dE4rientation Agrico!e a!so states that these

procedures wou!d ser"e to now the origin of the product and the conditions of production and

distribution of the product ,Artic!e 100# .he artic!e of the !aw was codified in the Code de !aConsommation as Artic!e $#21&-1-1#

Artic!e $21&-1-1CrKK par $oi n%%-+'& du % <ui!!et 1%%% art# 100 ,J4DF 10 <ui!!et 1%%%#

$i"re ConformitK et sKcuritK des produits et des ser"ices#

.itre er ConformitK#

Chapitre ; Mesures dNapp!ication#

?n dKcret en Consei! dN>tat fi8e !a !iste des produits ou denrKes pour !es/ue!s !a traOabi!itK

doit Ltre assurKe# ! prKcise !es ob!igations des producteurs et des distributeurs /ui sonttenus dNKtab!ir et de mettre P <our des procKdures dNinformations enregistrKes et

dNidentification des produits ou des !ots de produits# Ces procKdures permettent deconnaQtre !Norigine de ces produits et de ces !ots ainsi /ue !es conditions de !eur

production et de !eur distribution#

$NautoritK administrati"e prKcise pour cha/ue produit ou denrKe !es Ktapes de production

et de commercia!isation pour !es/ue!!es !a traOabi!itK doit Ltre assurKe ainsi /ue des



moyens P mettre en oeu"re en fonction de !a tai!!e des entreprises#

: -: 4b!igation of .raceabi!ity in the >?

.he >? considered that a traceabi!ity system on beef wou!d be needed to restore the consumersE

confidence on the safety of beef# At first the system for indi"idua! identification and indicationof origin of beef was estab!ished by a regu!ation in 1%%'# n 2000 the traceabi!ity on beef which

is composed of compu!sory traceabi!ity and "o!untary traceabi!ity became an ob!igation of the

member countries by the >? regu!ation ,1'702000#

.he >? adopted the regu!ation of food safety in 2002 !aying down the genera! princip!es andre/uirements of the food !aw estab!ishing the >uropean Food Safety Authority and !aying down procedures in matters of food safety# .his regu!ation has introduced the ob!igation of the

traceabi!ity of a!! food feed and materia!s for the member countries# t means that the >?

conc!uded that the traceabi!ity wou!d be an essentia! e!ement to ensure safety and /ua!ity of food

under the new po!icy system of food security# .he out!ine of the traceabi!ity adopted in theregu!ation is as fo!!ows ,Artic!e 13# .he ob!igation of the traceabi!ity came in force in January

200+#

,1 .he traceabi!ity of food feed and any other substance intended to be incorporated into a

food or feed sha!! be estab!ished at a!! stages of production processing and distribution#

,2 @usiness operators sha!! be ab!e to identify any person from whom they ha"e been

supp!ied with a food a feed or any substance intended to be incorporated into a food or feed#

.o this end such operators sha!! ha"e in p!ace systems and procedures which a!!ow for thisinformation to be made a"ai!ab!e to the competent authorities on demand#



,: @usiness operators sha!! ha"e in p!ace systems and procedures to identify the other

businesses to which their products ha"e been supp!ied# .his information sha!! be made

a"ai!ab!e to the competent authorities on demand#

,& Food or feed which is p!aced on the maret or is !ie!y to be p!aced on the maret in the

Community sha!! be ade/uate!y !abe!!ed or identified to faci!itate its traceabi!ity throughre!e"ant documentation or information in accordance with the re!e"ant re/uirements of more

specific pro"isions#

,+ *ro"isions for the purpose of app!ying the re/uirements of this Artic!e in respect of

specific sectors may be adopted in accordance with the procedure !aid down in Artic!e +3 ,2#

n 200: the >? adopted a regu!ation concerning the traceabi!ity and !abe!!ing of GM4s,genetica!!y modified foods and food products deri"ed from GM4s ,Degu!ation ,>C

13:0200:#

Artic!e & of the regu!ation stipu!ates that at the first stage of the p!acing on the maret of a GM4

product operators sha!! transmit the information that the product contains GM4 in describing the

uni/ue identifier of the GM4 to the operator recei"ing the product and at a!! subse/uent stages

operators sha!! transmit the information recei"ed to the operators recei"ing the products#

:-& .raceabi!ity ntroduced in Japan

n Japan during the e8amination on the new po!icy system for food safety which was intensi"e!y

conducted <ust after @S> was found in 2001 information on measures and acti"ities concerning

traceabi!ity in the >? and its member countries was co!!ected# .he report of the Commission on

n"estigation and >8amination of @S> ssues pub!ished in 2002 conc!uded that the traceabi!ityshou!d be an integra! e!ement of measures under the new food safety po!icy# .he report dec!ared

as fo!!ows#

.he infection of @S> and fa!se !abe!!ing pro"ed that a system for tracing and confirmingmateria!s used wou!d be needed# .raceabi!ity has an abi!ity of tracing products from

materia!s used to food to be fina!!y consumed# .herefore the traceabi!ity shou!d be adopted

in the who!e chain of a!! products and shou!d be p!aced as one of important too!s in the rismanagement#

9owe"er any specific c!ause on the traceabi!ity was not mentioned in the Food Safety @asic

$aw of 200:# t was considered that the traceabi!ity shou!d be conducted on the "o!untary basis by the food industry e8cept beef whi!e the traceabi!ity is essentia! for securing food safety# 4nthe contrary to the >? and its member countries there is not !ega! ob!igation of the traceabi!ity in

Japan#

Degarding beef Japan introduced a!most the same traceabi!ity system as France and the >? by

estab!ishing the @eef .raceabi!ity $aw in 200: ,$aw for Specia! Measures Concerning theManagement and De!ay of nformation for ndi"idua! dentification of Catt!e# Farmers sha!!



transmit necessary information on their catt!e to the MAFF which estab!ishes the indi"idua!

identification system# A!! the operators in the distribution chain of beef from s!aughterhouses to

retai!ers and restaurants sha!! indicate the indi"idua! identification number of the catt!e on their beef to be so!d#

?nder this understanding of the status of traceabi!ity in Japan the Go"ernment in particu!ar theMAFF started the promotion acti"ities for the traceabi!ity# At first the MAFF under!ined in the

*!an of De"ita!i)ation of Food and Agricu!ture issued in Apri! 2002 that the traceabi!ity shou!d be an important cha!!enge# n the *o!icy 4ut!ine for Food Safety and De!iabi!ity issued in August

200: the importance of the traceabi!ity is emphasi)ed# Guide!ines for ntroduction of Food

.raceabi!ity Systems were issued by the MAFF in March 200:# According to the guide!ines theob<ecti"e and fundamenta!s of the traceabi!ity are as fo!!ows#

.raceabi!ity systems can trac and trace food and its information at each stage of the food chain

and can achie"e the fo!!owing purposes

,1 Greater re!iabi!ity of information

.raceabi!ity systems can secure the transparency of distribution routes and can pro"ideinformation to consumers customers and the competent go"ernment agency /uic!y and

positi"e!y# .he systems a!so reinforce the "erifiabi!ity of product !abe!!ing by securing the

comp!ete agreement between the product managed by an number and its !abe!#

,2 Contribution to impro"ement of food safety

f there occurs an accident re!ated to food safety traceabi!ity systems he!p trace the cause

/uic!y and easi!y and he!p co!!ect and remo"e a prob!em food product correct!y and

prompt!y by )eroing in on the product and tracing it to its destination# n addition thesystems mae it easier to co!!ect data about une8pected impact on hea!th and !ong-termeffects and he!p de"e!op ris management techni/ues#

,: Contribution to higher business efficiency

.raceabi!ity systems he!p increase the efficiency of product management and /ua!ity contro!

wor by managing products by numbers and by storing and offering information aboutthe origins and characters of products#

n order to assist business operators to formu!ate appropriate traceabi!ity systems the MAFF

estab!ished si8 guide!ines from 200& to 2007H

,1 Guide!ine for ntroduction of .raceabi!ity for Fruits and ;egetab!es ,2 Guide!ine forFormu!ating .raceabi!ity for Food Ser"ice ndustry ,: Guide!ine for ntroducing

.raceabi!ity for >ggs and ,& Guide!ine of .raceabi!ity for She!!fish ,4ysters and Sca!!ops#

,+ Guide!ine of .raceabi!ity for a/uacu!tura! fish ,7Guide!ine of .raceabi!ity for Sea weed

,5ori



MAFF a!so pro"ides subsidies for pi!ot formu!ation of traceabi!ity systems which are conducted

by a group of business operators#

At the moment business operators pro"ide many types of traceabi!ity and are de"e!oping newsystems by using ad"anced information techno!ogy in Japan# ?nder the systems de"e!oped for

e8amp!e consumers can access to the information of traceabi!ity through a web site of the product through a de"ice of the computer p!aced in stores or through a portab!e te!ephone with

camera by reading the bar-code of the product and accessing to the internet with it#

:-+ ifferent 4pinions on the .raceabi!ity in the (or!d

.he traceabi!ity system may ha"e been de"e!oped in countries where peop!e tend to assess thetota! "a!ue of products by their origin or sometimes by the process of their production and

distribution# n recent years the definition and moda!ities ha"e been e!aborated to ensure safety

and re!iabi!ity of food in the >? countries and some other countries !ie Japan# n the case of

@S> a!most comp!ete traceabi!ity system for beef in the who!e chain from production to

consumption has been app!ied to the >? countries and Japan# .hese countries consider thattraceabi!ity wou!d ser"e to support ris management measures and to pro"ide more re!iab!e

information on food safety and /ua!ity to consumers#

9owe"er some countries inc!uding the ?SA and Austra!ia which ha"e pursued the mosteffecti"e system of production and distribution under the maret mechanism a"oiding as far as

possib!e the administrati"e inter"ention to the process of production and distribution# From this

point of "iew the traceabi!ity is one of unnecessary inter"entions to the industry and re/uires a!arge amount of costs# n addition these countries seem to be!ie"e that the traditiona! method of

checing fina! products wou!d be in princip!e sufficient enough to ensure food security the

process of production and distribution shou!d not been inter"ened by the administration to

maintain the competition and the effecti"eness of the industry# According!y these countries ho!dthe negati"e opinion to the traceabi!ity#

9owe"er the $aw on the bio-terrorism of 2002 stipu!ates in its section :07 that the go"ernment

must adopt a te8t to as the persons who produce pac transport distribute recei"e and importfood to record data re!ating to the entrance and to the e8it of the goods in their transaction# .his

te8t came into force in 200+# .he FA is endowed with the capacity to trace food in cases where

e8ists a threat for food security# n the ?nited States the terrorist attacs of September 11th2001 had a decisi"e impact in the adoption of te8ts aiming at instituting a method of traceabi!ity#

.herefore the ?SA and some other countries opposed to the idea of traceabi!ity for GM food in

the Code8 discussions at the .as Force on Foods eri"ed from @iotechno!ogy 1%%%R 200:# .he ?SA does not ha"e any intention of introducing traceabi!ity to the beef industry

a!though Japan re/uired the measures e/ui"a!ent to those taen in Japan at the series of

consu!tations in "iew of re-opening the Japanese beef maret to the ?SA#

n the situation abo"e there are prob!ems with the traceabi!ity in re!ation to the internationa!

trade between countries pro"iding a traceabi!ity system and those without traceabi!ity# .he present agreement of (.4 concerning the app!ication of food safety measures ,S*S agreement



prohibits member countries from taing measures not based on scientific proof# .he need of

traceabi!ity may not be <ustified by any scientific e"idence in terms of ensuring food safety#

According!y countries introducing the traceabi!ity are not ab!e to impose the traceabi!ity one8porting countries at the time of import of

products#

Source3

・ Rapport sur la prAparation de l@entrAe en !igueur, au >er ;an!ier %&&*, de certaines dispositions du

rDglement +$ nE>72C%&&% du 9arlement europAen et du +onseil, ui concernent les

entreprises5 Groupe de tra!ail prAsidA par $tienne R$+R, Franois +O..RT<BT#..$B.

en Atant le rapporteur

・ !is de +8 sur TraabilitA %&&%、et %&&>

・+ode de la +onsommation of France

・ R$GB.T#O8 ($+) 8o >72C%&&% OF T$ $BRO9$8 9R.#6$8T 8 OF T$ +OB8+#. of%2 January%&&% laying down t"e general principles and reuirements of food law, establis"ing t"e

$uropean Food Safety ut"ority and laying down procedures in matters of food safety

・ Regulation ($+) 8o >7H&C%&&& of t"e $uropean 9arliament and of t"e +ouncil of >7 July %&&&

establis"ing a system for t"e identification and registration of bo!ine animals and regarding

t"e labelling of beef and beef products and repealing +ouncil Regulation ($+) 8o 2%&C?7

・ R$GB.T#O8 ($+) 8o >21&C%&&1 OF T$ $BRO9$8 9R.#6$8T 8 OF T$ +OB8+#. of

%% September %&&1 concerning t"e traceability and labelling of genetically modified organisms and t"e

traceability of food and feed products produced from genetically modified organisms and amending

irecti!e %&&>C>2C$+

・+odification de la loi du H mais >?>? relati!e I la protection des appellation d@origine

・ Acret<loi du 1& ;uillet >?1* Reconaissance des ppellation d@ Origine +ontrolAe

・ .aw for Special 6easures +oncerning t"e 6anagement and Relay of #nformation for #ndi!idual

#dentification of +attle of %&&1

・Securing Food Safety（ :"ite paper of food %&&'）(written in Japanese) Food and griculture 9olicy

Researc" +entre %&&1

・

9oints and Scope of Food Safety -asic .aw(written in Japanese) #sao 4a;ii /oko 8iiyama, ssociationof gricultural and Forestry Statistics, %&&1

・ $conomic study of safety and reliability of food (written in Japanese)、/asu"iro 8aka;ima、+oop

9ublis", %&&'

・Study on Food 9olicy (:ritten in Japanese) %&&%<#0 8o>>% Food and griculture 9olicy Researc"

+entre 1



・ *ub!ic hea!th security and bio- terrorism preparedness and response act 2002

* Creation of Cons)mer '!ency

A!though the reform of the po!icy of food security is inter"ened in 200: a !ot of cases of

fa!!acious and ine8act mention in !abe!!ing persistent!y occurred in Japan

n 200' a processing company of meat in 9oaido was accused in June when it had so!d formany years the bo"ine ground meat to processing companies food in spite of this so!d meat had

been b!ended with other meat such as chicen por and offa!# uring one year from Ju!y 2007

about 10 cases of the fa!!acious !abe!!ings concerning p!aces of origin numbers of indi"idua!identification of the bo"ine anima!s the parts of meat were ditected in the commercia! operations

of meat# n 200' se"era! pastries and famous restaurants used ingredients beyond the date of

minima! durabi!ity and so!d their products to the consumers by indicating wrong date of minima!

durabi!ity# .o pre"ent such fraud in trade the MAFF ordered the business operators to indicatethe names of ingredients and the dates of minima! durabi!ity on their products to se!! to other

business operators# .his regu!ation was disposed by the amendment of the /ua!ity !abe!!ingstandards for perishab!e foods and processed foods under the JAS $aw and came into force inApri! 2003#

n situation where measures re!ating to food re!iabi!ity such as traceabi!ity are not in princip!e

ob!igatory in the !egis!ation the JAS !aw p!ays a ro!e in securing food re!iabi!ity by using ru!es

re!ating to !abe!!ing such as ob!igatory !abe!!ing of GM4 p!aces of origin to consumers as we!!as ob!igatory indications of names of ingredients in a!! stages of food chain#

n January 2003 in the city of obe and in the prefecture of .ibia about 10 persons suffered

from food into8ication by the consumption of fro)en Gyo)a dump!ings imported from China#

.hese contained a pesticide of organic phosphate definite!y abo"e the residue !imit# t wasassumed that somebody had put intentiona!!y the pesticide during the processing or

distribution# 5either the Japanese in"estigati"e authorities nor Chinese authorities identified a

suspect of into8ication# After this incident it was noted that se"era! other imported processed

products from China had contained some pesticides of organic phosphate abo"e the residue !imit#

.owards the end of February 2003 13 distributors of food withdrew +3 types of imported foodfrom the maret# .he go"ernment of Japan made a decision to fu!fi! the sur"ei!!ance for a!!

imported processed foods aiming at confirming residues of pesticides of organic phosphate#

Considering this situation abo"e the prime minister of Japan who p!aces an

importance on the consumer protection proposed the creation of a proper agency for

the protection of consumersE interest# After the intensi"e consu!tations with re!e"antministries the go"ernment of Japan decided to estab!ish the Consumer Agency#

De!ated bi!!s were appro"ed in the ordinary par!iament session in !ate 2003# .his

Agency wi!! integrate contro! of safety !abe!!ing and transaction# As far as food is

concerned it co"ers Food Safety @asic $aw BFood Sanitation $aw, areas of safety

B*roduct $iabi!ity Act JAS $aw,areas of !abe!!ing Food Sanitation $aw,areas of



!abe!!ing 9ea!th *romotion $aw,areas of !abe!!ing Act Against ?n<ustifiab!e

*remiums and Mis!eading *resentations etc

5ote.his Agency wi!! a!so co"er the Consumer Good Safety $aw the $aw on Contro! of 9ouseho!d Commodity

Containing 9armfu! Substances the 9ouseho!d Goods $abe!!ing $aw the# 9ouse ua!ity Securing $aw thensta!!ment Sa!es Contract Act the Money $ending Contro! $aw the Dea! >state @usiness $aw the .ra"e! Agency

$aw the $aw on Sa!es of Financia! *roducts the Consumer contract $aw etc#

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