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Electrical Appliance and Material Safety Law

[Law No.234 of 1961 / Tentative Translation]
Chapter 1: General Provisions (Articles 1-2)
Chapter 2: Notification of Business, Etc. (Articles 3-7)
Chapter 3: Conformity Assessment of Electrical Appliances and Materials, Etc. (Articles 8-26)
Chapter 4: Restriction of Sale, Etc. (Articles 27-28)
Chapter 5: Registration of Conformity Assessment Bodies, Etc.
Section 1: Registration of Conformity Assessment Bodies (Articles 29-32)
Section 2: Domestic Registered Conformity Assessment Bodies (Articles 33-42.2)
Section 3: Foreign Registered Conformity Assessment Bodies (Articles 42.3-42.4)
Chapter 5-2: Order for the Prevention of Hazards (Article 42.5)
Chapter 6: Miscellaneous Provisions (Articles 43-56)
Chapter 7: Punitive Provisions (Articles 57-61)

Chapter1: General Provisions

Article 1 (Purpose)

The purpose of this Law shall be to regulate the manufacture, sale, etc. of Electrical Appliances and Materials and to foster voluntary activities by private businesses to ensure the safety of Electrical Appliances and Materials so as to prevent hazards and disturbances resulting from Electrical Appliances and Materials.

Article 2 (Definitions)

  • 1.“Electrical Appliances and Materials” as used in this law shall be defined as follows:
    • Parts of electrical facilities for general use (“electrical facilities for general use” as defined in Article 38, Paragraph 1 of the Electricity Utilities Industry Law [Law No. 170 of 1964]) or machines, appliances, or materials used in connection thereto, as stipulated by Cabinet Order.
    • Portable power generators, as stipulated by the Cabinet Order.
    • Secondary batteries, as stipulated by the Cabinet Order.
  • 2.“Specified Electrical Appliances and Materials” as used in this Law shall refer to such Electrical Appliances and Materials which are especially liable to cause hazards or disturbances because of structure, methods of use, or other conditions of use, as stipulated by the Cabinet Order.

Chapter 2: Notification of Business, Etc.

Article 3 (Notification of Business)

All persons engaged in the business of manufacturing or importing Electrical Appliances and Materials shall notify the following items to the Minister of Economy, Trade and Industry in accordance with the Electrical Appliance and Material classification as stipulated in the Ministerial Ordinance of Economy, Trade and Industry (hereinafter called “METI Ordinance”) within 30 days after commencement of such business.

  • i.Name or trade name, address, and in the case of a fictitious person, name of the representative;
  • ii.Classification of the Electrical Appliance and Material product type as stipulated in the METI Ordinance;
  • iii.The name and location of the plant or business site where will manufacture the Electrical Appliances and Materials concerned (in the case of persons engaged in the business of importing Electrical Appliances and Materials, the name or trade name and address of the manufacturer of the Electrical Appliances and Materials concerned).

Article 4 (Succession)

  • 1.When a person who made a notification under the provisions of the preceding article (hereinafter, a “Notifying Supplier”) assigns the whole business for which he made a notification to another party, or in the event that there is succession, merger or division (limited to the division making a succession of the whole business for which he made a notification) involving a Notifying Supplier, the party who acquires the whole business of the Notifying Supplier, the successor (or in the event of multiple successors, one successor who has been selected by the unanimous agreement of all the successors), the fictitious person who exists following the merger or is newly established as a result of the merger, or the fictitious person that succeeded to the whole business concerned as a result of division shall succeed to the position of the Notifying Supplier.
  • 2.A person who succeeds to the position of a Notifying Supplier under the provisions of the preceding paragraph shall immediately make a notification to the Minister of Economy, Trade and Industry to that effect with documentation establishing the fact.

Article 5 (Notification of Change)

In the case of any change in the matters stated in Article 3, Items 1 through 3, the Notifying Supplier shall immediately notify such changes to the Minister of Economy, Trade and Industry. This provision shall not apply, however, in the case of changes in minor details as stipulated in the METI Ordinance.

Article 6 (Notification of Dissolution)

When a Notifying Supplier dissolves the business for which the Supplier made a notification, the Supplier shall immediately notify it to the Minister of Economy, Trade and Industry.

Article 7 (Provision of Information Relating to Notified Matters)

Any people may request that the Minister of Economy, Trade and Industry provide information relating to the matters stipulated in Article 3, Items 1 and 2.

Chapter 3: Conformity Assessment of Electrical Appliances and Materials, Etc.

Article 8 (Obligation to Comply with Requirements, etc.)

  • 1.A Notifying Supplier manufacturing or importing an Electrical Appliance and Material of the product type specified in the notification which was made under the provision of Article 3 (hereinafter called “the product type specified in the notification”) shall comply with the technical requirements stipulated in the METI Ordinance (hereinafter called “Technical Requirements ”). This provision shall not apply, however, if fallen in to the following cases:
    • i.When the approval from the Minister of Economy, Trade and Industry has been obtained for manufacture or import of Electrical Appliances and Materials to be used for a specific application.
    • ii.Manufacture or import for experimental purposes only.
  • 2.A Notifying Supplier shall conduct testing of the manufactured or imported Electrical Appliances and Materials specified in the preceding paragraph (excluding manufactured or imported Electrical Appliances and Materials to which the provisos of the preceding paragraph apply) in accordance with the METI Ordinance and shall prepare and keep a record of the testing.

Article 9 (Conformity Assessment of Specified Electrical Appliances and Materials)

  • 1.When the Electrical Appliances and Materials in Paragraph 1 of the preceding article which the Notifying Supplier has manufactured or imported (excluding manufactured or imported Electrical Appliances and Materials to which the provisions of that paragraph apply) are Specified Electrical Appliances and Materials, the Notifying Supplier shall have them inspected before sale by a body registered by the Minister of Economy, Trade and Industry in accordance with the provisions of the following paragraph with respect to either of the following items (hereinafter called “Conformity Assessment”) and shall obtain and keep a certificate as stipulated in that paragraph. This provision shall not apply, however, in the case that the certificate, as stipulated in that paragraph relating to Item 2, for the Specified Electrical Appliance and Material of the same product type as the Specified Electrical Appliance and Material concerned has already been obtained and kept if the period stipulated by Cabinet Order for each Specified Electrical Appliance and Material calculated from the day on which the certificate concerned was obtained has not yet lapsed, or the documentation stipulated by the METI Ordinance as the equivalent of the certificate as stipulated in that paragraph has been kept.
    • i.The Specified Electrical Appliances and Materials concerned
    • ii.The test-use Specified Electrical Appliances and Materials and testing facilities and other matters stipulated by the METI Ordinance located in the Notifying Supplier’s factory or business site relating to the Specified Electrical Appliances and Materials concerned.
  • 2.The registered body stipulated in the preceding paragraph shall conduct conformity assessment of the matters specified in either of the items of that paragraph in accordance with the METI Ordinance, and when they comply with the Technical Requirements and other requirements stipulated in the METI Ordinance relating to the testing facilities and other matters stipulated in the METI Ordinance specified in Item 2 of that paragraph, shall be able to issue to the Notifying Supplier concerned a certificate to that effect in accordance with the METI Ordinance.

Article 10 (Marking)

  • 1.When a Notifying Supplier has performed the Supplier’s obligations in accordance with the provisions of Article 8, Paragraph 2 concerning compliance with the Technical Requirements for Electrical Appliances and Materials of the product type specified in the notification (in the case of Specified Electrical Appliances and Materials, Article 8, Paragraph 2 and Article 9, Paragraph 1), the Supplier may affix the marks in accordance with the methods stipulated in the METI Ordinance on the Electrical Appliances and Materials concerned.
  • 2.If the Notification Supplier does not affix the marks in accordance with the provisions of the preceding paragraph on the Electrical Appliance and Material of the product type specified in the report, no one should affix such marks on the Electrical Appliances and Materials as provided for in that paragraph, or any other similar marks.

Article 11 (Order for Improvement)

When the Minister of Economy, Trade and Industry deems that a Notifying Supplier is violating the provisions of Article 8, Paragraph 1, the Minister may order the Notifying Supplier to take necessary measures to improve manufacture, import, or testing methods of the Electrical Appliances and Materials or methods of performing other work.

Article 12 (Prohibition of Marking)

In the cases falling into each of the following items, the Minister of Economy, Trade and Industry may prohibit a Notifying Supplier from affixing the marks pursuant to the provisions of Article 10, Paragraph 1 on the Electrical Appliance and Material of the product type specified in the report stipulated in each of the following items for a period of less than one (1) year.

  • i.The Electrical Appliance and Material of the product type specified in the notification manufactured or imported by the Notifying Supplier does not comply with Technical Requirements (excluding manufactured or imported Electrical Appliances and Materials to which the provisos of Article 8, Paragraph 1 apply) and the Minister of Economy, Trade and Industry deems that there is a desideratum to prevent hazards or obstacles: the product type specified in the notification, to which the Electrical Appliance and Material concerned, which does not comply with Technical Requirements, belongs.
  • ii.Violation of Article 8, Paragraph 2 or Article 9, Paragraph 1 with respect to the Electrical Appliance and Material of the product type specified in the notification manufactured or imported by the Notifying Supplier: the product type specified in the report to which the Electrical Appliance and Material concerned with violating those provisions belongs.
  • iii.Violation of an order made under the provisions of the preceding article with respect to the Electrical Appliance and Material of the product type specified in the notification manufactured or imported by the Notifying Supplier: the product type specified in the notification to which the Electrical Appliance and Material concerned with violating those orders belongs.

Articles 13 to 26: Deleted

Chapter 4: Restriction of Sale, Etc.

Article 27 (Restriction of Sale)

  • 1.Neither person who engages in the manufacture, import, or sale of Electrical Appliances and Materials shall sell nor display for the purpose of sale any Electrical Appliance and Material without affixing the marks specified in Article 10, Paragraph 1.
  • 2.The provisions of the preceding paragraph shall not apply if persons stipulated in that paragraph fallen into the following cases;
    • i.If sale or display for the purpose of sale of Electrical Appliances and Materials to be used for specific application, when the approval of the Minister of Economy, Trade and Industry has been obtained.
    • ii.If sale or display for the purpose of sale of Electrical Appliances and Materials for which approval has been obtained as stipulated in Article 8, Paragraph 1, Item 1.

Article 28 (Restriction of Use)

  • 1.No electric utility supply business operator as provided for in the Electricity Utilities Industry Law, Article 2, Paragraph 1, Item 10; no person who installs such electrical facilities for private use as provided for in Article 38, Paragraph 4 of that Law; no Electric Work Specialist as provided for in the Electric Work Specialist Law (Law No. 139 of 1960), Article 2, Paragraph 4; no Electric Work Specialist for Special Category provided for in Article 3, Paragraph 3, of that law; and no Authorized Electric Work Engineer as provided for in Article 3, Paragraph 4 of that Law shall use any Electrical Appliances and Materials other than those affixed with the marks stipulated in Article 10, Paragraph 1 in installing or modifying electrical facilities provided for in the Electricity Utilities Law, Article 2, Paragraph 1, Item 14.
  • 2.Any person who engages in the business of manufacture of such products as specified by the Cabinet Order, which products adopt the Electrical Appliances and Materials as parts or accessories, shall not use the Electrical Appliances and Materials other than those affixed with the marks stipulated in Article 10, Paragraph 1.
  • 3.The provisions of Paragraph 2 of the preceding article shall be applied mutatis mutandis to the cases of the preceding two paragraphs.

Chapter 5: Registration of Conformity Assessment Bodies, Etc.
Section 1 Registration Conformity Assessment Bodies

Article 29 (Registration)

  • 1.The registration stipulated in the provisions of Article 9, Paragraph 1 shall be carried out originating from the application made by a person who intends to conduct conformity assessment for each classification of the Specified Electrical Appliances and Materials stipulated by the METI Ordinance.
  • 2.When the Minister of Economy, Trade and Industry deems it is necessary after receiving the application stipulated in the preceding paragraph, the Minister may have the National Institute of Technology and Evaluation (hereinafter called “NITE”), which is an Independent Administrative Agency, conduct the necessary survey to see whether the application concerned conforms to each of the items in Article 31, Paragraph 1 or not.

Article 30 (Disqualification)

Any person who falls within the purview of any of the following items shall not be able to obtain the registration stipulated in Article 9, Paragraph 1.

  • i.Any person who, having violated this Law or the disposition pursuant to the provisions of this Law, has been imposed to a fine or greater penalty, and has not allowed at least two years to elapse since either the completion of the execution of the sentence or the date when the execution of such sentence was suspended.
  • ii.Any person whose Minister’s registration has been cancelled under the provisions of Article 41 or Article 42-4, Paragraph 1 and who has not allowed at least two years to elapse from the date of the cancellation.
  • iii.Any fictitious person that has an officer who conducts its business and who falls under the purview of either of the preceding two items.

Article 31 (Criteria of Registration)

  • 1.The Minister of Economy, Trade and Industry shall grant registration to any person who applies for the registration as provided for in Article 29, Paragraph1 (hereinafter called an “Applicant”) if the applicant conforms to all of the following items. The procedures to register are stipulated by the METI Ordinance.
    • i.The applicant fulfills the requirements for bodies operating product certification systems stipulated by International Organization for Standardization and International Electronic Commission.
    • ii.The applicant does not fall into any of the following items as being controlled by Notifying Suppliers who manufacture or import Specified Electrical Appliance and Materials for which conformity assessment is required in accordance with Article 9, Paragraph 1(hereinafter called ” supplier which may apply for conformity assessment”)
      • a.A supplier which may apply for conformity assessment is the Parent Company if the applicant is publicly-traded company or private limited company,
      • b.The percentage of board members of a supplier which may apply for conformity assessment in the board members of the applicant exceeds 50 percent.
      • c.The applicant is a board member or an employee of a body which applies for conformity assessment (including the case where it was a board member or an employee in the preceding two years).
  • 2.The Registration stipulated in Article9, Paragraph 1 will be completed by describing the following items in the Registration Record for Conformity Assessment Bodies.
    • i.Date of Registration and Registration Number
    • ii.Name of Registered person and Address as well as the Name of representative if fictitious person
    • iii.Classification of Specific Electric Appliance regarding which the registered person is to conduct conformity assessment
    • iv.Name and location of office where the registered person is to conduct conformity assessment.

Article 32 (Renewal of Registration)

  • 1.If the registration specified in Article 9, Paragraph 1 is not renewed within the period of not less than three years specified by the Cabinet Order, the registration shall expire at the time of lapse of that period.
  • 2.The provisions of the preceding three Articles shall apply mutatis mutandis to the renewal of registration stipulated in the preceding paragraph.

Section 2 Domestic Registered Conformity Assessment Bodies

Article 33 (Obligation to Conduct Conformity Assessment)

  • 1.When persons who have obtained the registration stipulated in Article 9, Paragraph 1 (hereinafter called “Registered Conformity Assessment Bodies”) are requested to conduct Conformity Assessment, the Domestic Registered Conformity Assessment Bodies shall conduct such Conformity Assessment without delay unless there is due cause.
  • 2.The Domestic Registered Conformity Assessment Bodies shall conduct the fair Conformity Assessment by using methods that conform to the Technical Requirements.

Article 34 (Change of Business Address)

When a Domestic Registered Conformity Assessment Body changes the location of the business place where Conformity Assessment is performed, it shall notify the Minister of Economy, Trade and Industry until two weeks prior to the date of change.

Article 35 (Rules of Operation)

  • 1.Domestic Registered Conformity Assessment Bodies shall establish rules of operation for Conformity Assessment (hereinafter called “Rules of Operation ”) and shall notify the Minister of Economy, Trade and Industry prior to commencing the operation of Conformity Assessment. This provision shall also apply when any change in the Rules of Operation is contemplated.
  • 2.The matters to be stipulated in the METI Ordinance including the method of conformity assessment and the calculation of fees relating to conformity assessment shall be stipulated in the Rules of Operation

Article 36 (Suspension or Abolition of Operation)

When a Domestic Registered Conformity Assessment Body contemplates the suspension or abolition of all or part of its operation of Conformity Assessment, it shall be notified to the Minister of Economy, Trade and Industry in advance, in compliance with the Ordinance.

Article 37 (Preparation of Financial Statements and Access)

  • 1.Domestic Registered Conformity Assessment Bodies shall prepare the general inventory, balance sheet and profit and loss statement or income and expenditure account statement and operating statement (including in the form of electronic records), hereinafter called “financial statements”, within three months after the end of each fiscal year and should keep them in the business place for the duration of five years.
  • 2.Those who are concerned, including those who apply for conformity assessment are able to make the following requests to the Domestic Registered Conformity Assessment Body at any time within its business hour. However, when a request is made for the above mentioned (2) or (4), those requesters shall pay the fee set by the Domestic Registered Conformity Assessment Bodies.
    • i.When financial statements are prepared in the form of written documents and request to view such documents or to provide copies of such documents
    • ii.When providing attested or abridged copy of the documents mentioned in the preceding item is requested.
    • iii.When financial statements are prepared in the form of electronic records and request to the access or provide a copy of those which are being displayed by such means stipulated by METI Ordinance are requested.
    • iv.Providing electronic records mentioned in the previous item through electronic means stipulated by METI Ordinance or issuing a document describing the same matters are requested.

Articles 38 and 39: Deleted

Article 40 (Order for Compliance)

When the Minister of Economy, Trade and Industry deems a Domestic Registered Conformity Assessment Body does not comply with the provisions of any item of Article 31 any longer, Paragraph1, the Minister may order it to take necessary measures to make the above body comply with those provisions.

Article 40.2 (Order for Improvement)

When the Minister of Economy, Trade and Industry deems a Domestic Registered Conformity Assessment Body is in violation of the provisions of Article 33, the Minister may order it to conduct Conformity Assessment or to take necessary measures to improve the operation methods including the way of Conformity Assessment.

Article 41 (Cancellation of Authorization, etc.)

When a Domestic Registered Conformity Assessment Body falls under the purview of any of the following items, the Minister of Economy, Trade and Industry may cancel the registration or may order the suspension of the operation of Conformity Assessment in whole or in part for Minister specified period.

  • i.When the Domestic Registered Conformity Assessment Body falls under the purview of Article 30, Item 1 or Item 3.
  • ii.When the provisions of Article 33; Article 34; Article 35, Paragraph 1; Article 36; Article 37, Paragraph 1; or Article 42 have been violated.
  • iii.When the request based upon each items of Article 37, Paragraph 2 has been refused without sufficient reason
  • iv.When an order issued pursuant to the provisions of the preceding two articles has been violated.
  • v.When registration based upon the provision of Article 9, Paragraph 1 was requested by fraudulent means.

Article 42 (Description in the book)

  • 1.Domestic Registered Conformity Assessment Bodies shall prepare the book for records and describe therein such matters pertaining to the Conformity Assessment as stipulated by the METI Ordinance.
  • 2.The book for records specified in the preceding paragraph shall be kept in conformance with the METI Ordinance.

Article 42.2 (Execution of the Conformity Assessment by the Minister of Economy, Trade and Industry)

  • 1.The Minister of Economy, Trade and Industry may conduct the operation of the Conformity Assessment concerned in whole or in part, if the Minister deems it is mandatory, including a case where there are no one who received registration under Article 9, Paragraph 1, a case where notification is made to suspend or abolish part of or all of the operation of Conformity Assessment stipulated in Article 36, a case where the Minister ordered, based upon Article 41, to cancel the registration or order the Domestic Registered Conformity Assessment Body to suspend part or all of the operation of Conformity Assessment, as well as a case where it is difficult for the Domestic Registered Conformity Assessment Bodies to conduct the operation of conformity assessment in whole or in part as a result of a natural disaster or some other cases.
  • 2.The Minister of Economy, Trade and Industry deems the necessity of execution, may have the National Institute of Advanced Industrial Science and Technology (hereinafter called “AIST”), which is an Independent Administrative Agency, or the NITE conduct the operation of the Conformity Assessment concerned in whole or in part.
  • 3.When the Minister of Economy, Trade and Industry conducts or has the AIST or the NITE conduct the operation of Conformity Assessment in whole or in part in accordance with the preceding two paragraphs, transfer of the operation of the Conformity Assessment and other necessary items shall be stipulated by the METI Ordinance.

Section 3 Foreign Registered Conformity Assessment Bodies

Article 42.3 (Obligation, etc.)

  • Those who are registered according to the provisions of Article 9, Paragraph 1 shall execute Conformity Assessment without delay except where there are justifiable reasons (limited to persons who will conduct conformity assessment at overseas business sites).
  • The provisions of Article 39, Paragraph 2; Articles 34 to 37, Article 40, Article 40-2 and Article 42 shall apply mutatis mutandis to Foreign Registered Conformity Assessment Bodies. In these cases, the term “order” in Article 40 and 40-2 shall be replaced with the term “request.”

Article 42.4 (Cancellation of Registration, etc.)

  • 1.When a Foreign Registered Conformity Assessment Body falls under the any of the following items, the Minister of Economy, Trade and Industry may cancel the Registration;
    • i.When it has fallen under the Article 30, Item 1 or Item 3
    • ii.When violating the provisions of Paragraph 1 of the preceding Article or Article 33, Paragraph 2; Article 34; Article 35, Paragraph 1; Article 36; Article 37 Paragraph1 or Article 42 applied mutatis mutandis in Paragraph of the preceding Article.
    • iii.When refusing the request stipulated in each items of Article 37, Paragraph 2 applied mutatis mutandis in Paragraph2 of the preceding Article without justifiable reasons.
    • iv.When failing to comply with the request under the provisions of Article 40 or Article 40.2 applied mutatis mutandis in Paragraph 2 of the preceding article.
    • v.When obtaining the registration stipulated in Article 9, Paragraph 1 by fraudulent means.
    • vi.When failing to comply with the request made by the Minister of Economy, Trade and Industry for the suspension of the whole or part of the operation of Conformity Assessment during the period the Minister specified where the Minister deems that a Foreign Registered Conformity Assessment Body falls under the any of preceding items.
    • vii.When failing to submit a report or submitting a false report if the Minister of Economy, Trade and Industry deems it is necessary and asks the Foreign Registered Conformity Assessment Body to submit a report on the operation.
    • viii.When the inspection has been refused, obstructed or evaded, or the inquiries have not been responded to without due cause or have been falsely responded to, if the Minister of Economy, Trade and Industry deems it is necessary and intends to have the Minister’s lawful representative inspect or make inquiries on the matters covered by Article 46, Paragraph 2 at the Foreign Registered Conformity Assessment Body’s offices or place of business.
    • ix.When not bearing the expenses under the next paragraph.
  • 2.The expenses required for the inspection stipulated in Item 8 of the preceding paragraph (limited only to the expenses determined by Cabinet Order) shall be borne by the Foreign Registered Conformity Assessment Body which receives the inspection concerned.
  • 3.When the Minister of Economy, Trade and Industry deems it necessary, the Minister may have the NITE inspect or make inquiries in accordance with the provision of Paragraph 1, Item 8.
  • 4.When the Minister of Economy, Trade and Industry has the NITE inspect or make inquiries pursuant to the provisions of the preceding paragraph, the Minister shall designate the place of the inspection and other necessary matters to instruct the NITE for execution.
  • 5.When the NITE has conducted inspections or inquiries pursuant to the provisions of Paragraph 3, subject to the instruction by the Minister stipulated in the preceding paragraph, the NITE shall report the results to the Minister.

Chapter 5-2: Order for the Prevention of Hazards, etc.

Article 42.5 (Order for the Prevention of Hazards, etc.)

When the Minister of Economy, Trade and Industry deems that there is a probability of hazards or obstacles occurring because of the reasons given in any of the following items and deems that there is a desideratum to prevent an expansion of such hazards or obstacles, the Minister may order the person stipulated in the corresponding item to recall the Electrical Appliances and Materials concerned that are sold or to take other necessary measures to prevent an expansion of the hazards or obstacles by such Electrical Appliances and Materials.

  • i.When a body engaged in the business of manufacturing, importing, or selling Electrical Appliances and Materials violates the provisions of Article 27, Paragraph 1 and sells the Electrical Appliances and Materials.
  • ii.When a Notifying Supplier manufactures, imports, or sells the Electrical Appliance and Material of the product type specified in the notification that does not comply with the Technical Requirements (excluding manufacture or import to which the provisos of Article 8 Paragraph 1 apply).

Chapter 6: Miscellaneous Provisions

Article 43 (Conditions for Approval)

  • 1.Conditions may be attached to the approval based upon the provisions of Article 8, Paragraph 1, Item 1 or Article 27, Paragraph 2, Item1.
  • 2.The conditions provided in the preceding paragraph shall be set as the minimum necessary to ensure matters pertaining to approval and shall not be an item to impose unjustified obligations on those who seek approval.

Article 44 (Public Notification)

The Minister of Economy, Trade and Industry shall make a public notification through Official Gazette if the following cases are applied;

  • i.When registration has been made pursuant to Article 9, Paragraph 1.
  • ii.When affixing of markings has been prohibited pursuant to the provisions of Article 12.
  • iii.When notification has been received pursuant to the provisions of Article 34 (including application mutatis mutandis of Article 42-3, Paragraph 2).
  • iv.When notification has been received pursuant to the provisions of Article 36 (including application mutatis mutandis of Article 42-3, Paragraph 2).
  • v.When registration has been cancelled or suspension of the operation of Conformity Assessment has been ordered pursuant to the provisions of Article 41.
  • vi.When the Minister of Economy, Trade and Industry deems to conduct the operation of Conformity Assessment in whole or in part pursuant to the provisions of Article 42-2, Paragraph 1 or deems to no longer conduct the operation of Conformity Assessment in whole or in part that the Minister had previously conducted.
  • vii.When the Minister of Economy, Trade and Industry deems to have the AIST or the NITE conduct the operation of Conformity Assessment in whole or in part pursuant to the provisions of Article 42-2, Paragraph 2, or when the Minister deems not to have the AIST or the NITE conduct the operation of Conformity Assessment that either of them had conducted in whole or in part.
  • viii.When registration has been cancelled pursuant to the provisions of Article 42-4, Paragraph 1.

Article 45 (Collecting Reports)

  • 1.Within the minimum degree of enforcing this Law as well as the stipulated items by Cabinet Order, the Minister of Economy, Trade and Industry may order the submission of reports regarding operations from persons engaged in the business of manufacturing, importing, or selling Electrical Appliances and Materials or persons engaged in business pursuant to the provisions or Article 28, Paragraph 2.
  • 2.Within the minimum degree of enforcing this Law, the Minister of Economy, Trade and Industry may order Domestic Registered Conformity Assessment Bodies to submit reports regarding their operations and finances.

Article 46 (On-site Inspections, etc.)

  • 1.Within the minimum degree of enforcing this Law, the Minister of Economy, Trade and Industry may order the Minister’s lawful representatives to enter the offices, factories, places of business, shops, or warehouses of persons engaged in the business of manufacturing, importing, or selling Electrical Appliances and Materials or persons engaged in business pursuant to the provisions or Article 28, Paragraph 2, for the purpose of inspecting Electrical Appliances and Materials, the book for records, documents, or other matters, or making inquiries of related parties.
  • 2.Within the minimum degree of enforcing this Law, the Minister of Economy, Trade and Industry may order the Minister’s lawful representatives to enter the offices or places of business of Domestic Registered Conformity Assessment Bodies for the purpose of inspecting the conditions of operation, the book for records, documents, or other matters, or making inquiries of related parties.
  • 3.Any official engaging in on-site inspections or inquiries pursuant to the provisions of the preceding two paragraphs shall carry a certificate identifying the official’s status and show it to persons concerned.
  • 4.When the Minister of Economy, Trade and Industry deems it is necessary, the Minister may have the NITE conducts on-site inspection or make inquiries based upon the provisions of Paragraph 1 or 2.
  • 5.When the Minister of Economy, Trade and Industry has the NITE to conduct on-site inspection or make inquiries pursuant to the provisions of the preceding paragraph, the Minister shall designate the place of the on-site inspection and other necessary matters and instruct the NITE to conduct.
  • 6.When the NITE has conducted on-site inspection or inquiries pursuant to the provisions of Paragraph 4, in accordance with the designation by the Minister stipulated in the preceding paragraph, the NITE shall report the results to the Minister.
  • 7.Any official of the NITE engaging in on-site inspection or inquiries pursuant to the provisions of Paragraph 4 shall carry a certificate identifying the official’s status and show it to persons concerned.
  • 8.The authority for the on-site inspections granted based upon the provisions of Paragraphs 1 or 2 shall not be construed as granted for the purpose of criminal investigation.

Article 46.2 (Submission of Electrical Appliances and Materials)

  • 1.In the conduction of inspections by the lawful representatives of the Minister of Economy, Trade and Industry pursuant to the provisions of Paragraph 1 of the preceding article or by the NITE pursuant to the provisions of Paragraph 4 of the preceding article, should it be deemed that there are Electrical
    Appliances and Materials for which an in site inspection would be extremely difficult, the Minister may order the owner or possessor of such goods to submit them within a specified time limit.
  • 2.The Japanese government (or the prefectural and city government in the event that the administration within the jurisdiction of the Minister of Economy, Trade and Industry pursuant to the provision of the preceding paragraph is to be administrated by the Prefectural and City Governor as provided for by the Cabinet Order, pursuant to the Provision of Article 55-2) shall compensate the owner or possessor for loss incurred as a result of compliance with an order pursuant to the provisions of the preceding paragraph.
  • 3.The losses to be compensated pursuant to the provisions of the preceding paragraph shall be considered to be those losses generally incurred as a result of orders pursuant to the provision of Paragraph 1.

Article 46.3 (Order to the NITE)

When the Minister of Economy, Trade and Industry deems it is necessary to ensure the appropriate implementation of conducting an inspection or inquiries pursuant to the provisions of Article 42.4, Paragraph 3, or conducting on-site inspection or inquiries pursuant to the provisions of Article 46, Paragraph 4, the Minister may give the necessary orders for the operation concerned to the NITE.

Articles 47 and 48: Deleted

Article 49 (Public Hearing)

The Minister of Economy, Trade and Industry shall, when enact and seek to improvement or elimination of, any portion of the Cabinet Order pursuant to the provision of Article 2 or Article 28, Paragraph 2 , hold a public hearing to listen to a broad range of public opinion.

Article 50 (Request for investigation regarding disposal, etc. conducted by the AIST or the NITE)

Any person who objects to the disposition or default concerning a Conformity Inspection conducted by the AIST or the NITE may request the Minister of Economy, Trade and Industry to conduct an investigation in accordance with the Law for Investigation of Objections Against Administration (Law No.160 of 1962).

Article 51 (Hearing in the Process of Demurrer)

  • 1.The Minister of Economy, Trade and Industry shall make a judgment or a decision concerning a request for investigation or a protest regarding a disposition pursuant to the provisions of this Law or an order based upon this Law, following the conduction of an open hearing after giving advance notice with reasonable period to the person concerned with the disposition.
  • 2.In the advance notice stated in the preceding paragraph, the date, place, and subject shall be stated.
  • 3.At the public hearing stated in Paragraph 1, the person concerned with the disposition and other persons concerned shall be given opportunities to present testimony regarding the case and to state their opinions.

Article 52 (Applications and Orders by the Minister of Economy, Trade and Industry Concerning Conformity Assessment)

  • 1.When a Domestic Registered Conformity Assessment Body does not conduct Conformity Assessment with respect to the Specified Electrical Appliances and Materials manufactured or imported by a Notifying Supplier or the Notifying Supplier has an objection concerning the results of a Domestic Registered Conformity Assessment Body’s Conformity Assessment, the Notifying Supplier may apply to the Minister of Economy, Trade and Industry for the Minister’s order to the Domestic Registered Conformity Assessment Body to conduct Conformity Assessment or to reconduct the Conformity Assessment.
  • 2.When the Minister of Economy, Trade and Industry receives an application stipulated in the preceding paragraph and the Minister deems that the Domestic Registered Conformity Assessment Body is violating provisions of Article 33, the Minister shall issue an order to the Domestic Registered Conformity Assessment Body referred to in the application pursuant to the provisions of Article 40.2.
  • 3.Pursuant to the preceding paragraph, when the Minister of Economy, Trade and Industry deems to issue or not issue an order in accordance with the provisions of Article 40-2, the Minister shall immediately inform the Notifying Supplier who made the corresponding application.
  • 4.The preceding three paragraphs shall apply mutatis mutandis to Foreign Registered Conformity Assessment Bodies. In such cases, “shall order” in Paragraph 1 shall be replaced with “shall request;” “Article 33” in Paragraph 2 shall be replaced with “mutatis mutandis application of Article 33,Paragraph 2 pursuant to Article 42-3, Paragpaph1 or Paragraph 2;” “Article 40-2” in Paragraphs 2 and 3 shall be replaced with “mutatis mutandis application of Article 40-2 pursuant to Article 42-3, Paragraph 2;” and the term “order” shall be replaced with “request.”

Article 53 (Fees)

  • 1.Persons applying for Conformity Assessment conducted by the Minister of Economy, Trade and Industry pursuant to the provisions of Article 42-2, Paragraph 1 or Conformity Assessment conducted by the AIST or the NITE pursuant to the provisions of Article 42-2, Paragraph 2 shall be imposed for such fees as the actual expenses, deemed by the Cabinet Order.
  • 2.The fees provided for in the preceding paragraph shall become the revenues of the National Treasury when applying for Conformity Assessment conducted by the Minister of Economy, Trade and Industry; the revenues of the AIST in the case of applying for Conformity Assessment conducted by the AIST; and the revenues of the NITE in the case of applying for Conformity Assessment conducted by the NITE.

Article 54 (Special Treatment for Electrical Appliances and Materials for Export)

Electrical Appliances and Materials for export may, in pursuant to the Cabinet order, be exempted from the application of portions of this Law, or may be given other necessary special treatments.

Article 55 (Provisional Measures)

In the event of enactment, amendment, or annulment of the Cabinet Order or the METI Ordinance based upon the provisions of this law, required provisional measures may be stipulated by the Cabinet Order or the METI Ordinance respectively to the extent reasonably necessary pursuant to such enactment, amendment, or annulment.

Article 55.2 (Administration conducted by the Prefectural and City Government)

Part of the administration of the Minister of Economy, Trade and Industry stipulated by this Law may, pursuant to the Cabinet Order, be stipulated to be conducted by the Prefectural and City Governor.

Article 56 (Delegation of Authority)

Matters within the jurisdiction of the Minister of Economy, Trade and Industry pursuant to the provisions of this Law may, as provided for by the Cabinet Order, be delegated to Director-Generals of Economy, Trade and Industry Bureaus.

Chapter 7: Punitive Provisions

Article 57

Any person who falls under the any of the following items shall be punished by penal servitude not exceeding one year and/or a fine not exceeding one million yen.

  • i.Any person who has affixed the marks in violation of the provisions of Article 10, Paragraph 2.
  • ii.Any person who has violated the prohibition items stipulated in Article 12 (only limited to the Item 1).
  • iii.Any person who has sold, or has displayed for the purpose of sale, the Electrical Appliance and Material in violation of the provisions of Article 27, Paragraph 1.
  • iv.Any person who has used the Electrical Appliance and Material in violation of the provisions of Article 28, Paragraphs 1 or 2.
  • v.Any person who has violated an order to suspend operations pursuant to the provisions of Article 41.
  • vi.Any person who has violated an order pursuant to the provisions of Article 42.5.

Article 58

Any person who falls under the any of the following items shall be imposed a fine not exceeding 300,000 yen.

  • i.Any person who has failed to make a notification pursuant to the provisions of Article 3 or made a false notification.
  • ii.Any person who has failed to conduct testing, failed to prepare a record of testing, prepared a false record of testing, or failed to keep a record of testing in violation of the provisions of Article 8, Paragraph 2.
  • iii.Any person who has failed to obtain a certificate or has failed to keep a certificate in violation of the provisions of Article 9, Paragraph 1.
  • iv.Any person who has failed to make notification pursuant to the provisions of Article 36 or made a false notification.
  • v.Any person who has failed to describe such matters stipulated in Article 42, Paragraph 1 in violation of that provision, has made a false record, or has failed to keep a book for records in violation of the provisions of Article 42, Paragraph 2.
  • vi.Any person who has failed to make a notification pursuant to the provisions of Article 45, Paragraphs 1 or 2 or has made a false notification.
  • vii.Any person who has refused, obstructed, or evaded inspection pursuant to the provisions of Article 46, Paragraphs 1 or 2, has not responded without due cause, or has falsely responded, to inquiries pursuant to the provisions of those paragraphs.
  • viii.Any person who has violated an order issued pursuant to Article 46.2, Paragraph 1.

Article 59

When a representative of a fictitious person; or an agent, employee or any other worker of a fictitious person or an individual has violated the provisions of any of the following items in regard to the operation of the fictitious person or individual, the fictitious person concerned shall be liable to the penalties provided for the stipulated items and the individual concerned shall be liable for the penalties provided for the said articles, besides the offender.

  • i.Article 57 (only limited to Items 2 and 6): a fine not exceeding 100 million yen.
  • ii.Article 57 (excluding Items 2 and 6) or the preceding Article: the fines stipulated in each article.

Article 60

Any person who falls under either of the following items shall be imposed a fine not exceeding 200,000 yen.

  • I.Any person who has failed to make a notification pursuant to the provisions of Article 4, Paragraph 2; Article 5; or Article 6, or who has made a false notification.
  • II.Any person who, in violation of the provisions of Article 37, Paragraph 1, does not keep financial statements, etc., has failed to include descriptions in the financial statements, etc. which should be included or has included false descriptions, or has refused the request stipulated in each of the items in the stipulated Article without reasonable grounds.

Article 61

Any officer of the NITE who has violated an order pursuant to the provisions of Article 46.3 shall be imposed a fine not exceeding 200,000 yen.

 
Ministry of Economy, Trade and Industry
1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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