Guide to Import ofApparatuses for Food
2021

SALT

Issued by

Manufactured Imports and Investment Promotion Organization (MIPRO)
6th ﬂoor, World Import Mart Bldg.
3-1-3, Higashi-Ikebukuro, Toshima-ku, Tokyo 170-8630, Japan
TEL: +81-3-3971-6571
URL https://www.mipro.or.jp

March 2022
Unauthorized copying of the contents of this guidebook is strictly prohibited.

<Notes>・The translations of the Japanese laws, regulations, announces, notices and guidelines provided in this booklet are not for oﬃcial use. Only the original Japanese texts of laws andregulations have legal eﬀect in Japan. The translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations.
・Although MIPRO has made every eﬀort to provide as accurate information as possible in this booklet based on the latest information available at the time of preparation, MIPRO shallnot be held responsible for the accuracy, reliability or currency of the legislative materials provided in this booklet, or for any consequence resulting from use of the information in thisbooklet. For all purposes of interpreting and applying law to any legal issue or dispute, readers should consult the original Japanese texts published in the Oﬃcial Gazette.

一般財団法人 対日貿易投資交流促進協会
（ミプロ）

SUGAR

Guide to Import of Apparatuses for Food
Tableware, cooking utensils, kitchen electric appliances and the like fall under the
category of “apparatus” as deined in the Food Sanitation Act, and when a person intends
to import these items for the purpose of marketing or other business purposes, he/sheneeds to follow procedures for import notiication. Sale of such imported apparatuses issubject to regulations similar to those for domestic apparatuses. For some items, labelingrequirements or other regulations are established, and acts and labeling matters for theirsale via the Internet, etc. are also regulated.
This guidebook has been prepared targeting people who intend to import apparatuses
for food for the irst time, to outline the import procedures and regulations imposed
upon import and sale of such apparatuses and to help lead the way.
There may be changes to the content due to revision of the related laws or otherreasons. Please make inquiries at relevant contact points to conirm the details.
March 2022
Manufactured Imports and Investment Promotion Organization

Contents
1. Laws concerning Tableware, Cooking Utensils, Kitchen Electric Appliances, etc.・ ・ ・ 3
2. Apparatus Covered under the Food Sanitation Act ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 4
3. Overall Flow of Import Procedures for Apparatuses for Food ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 5
4. Import Notiﬁcation to the Quarantine Station ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 6
Obligation to make an import notiﬁcation; Apparatuses for which a notiﬁcationneeds to be made; Apparatuses for which notiﬁcation is not required ・ ・ ・ ・ ・ ・ ・・ ・ 6
Procedures for notiﬁcation; Documents necessary for notiﬁcation;
Notiﬁcation methods ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 7
Notiﬁcation Form for Importation of Foods, etc. ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 8
Import consultation service oﬃces at quarantine stations, MHLW ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 9
FAQ ・・・・・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 9
5. Standards and Criteria for Apparatuses and Inspections ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 10
Inspections directed by the quarantine station; Implementation of self-inspections・ ・ 10Standards and criteria for apparatuses, containers and packaging・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 13
FAQ ・・・・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 19
6. Positive List System and Information Sharing for Apparatuses Made of Synthetic
Resin ・・・・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 20
7. Customs Clearance Procedures ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 22
Examination and conﬁrmation under other relevant laws and ordinances
Tax declaration of tariﬀs, etc.
Where to make inquiries concerning customs clearance procedures・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 22
8. Customs System ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 23
・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 23
Tariﬀ rates, Tariﬀ classiﬁcation, Advance ruling system
Three conditions for applying preferential duty rates, Three types ofprocedures for proving the place of origin ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 24
9. Other Laws that Need to be Noted ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 25
1. Import restriction for articles infringing intellectual property rights ・ ・ ・ ・ ・ ・ ・・ ・ 25
2. Labeling under the Household Goods Quality Labeling Act ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 26
3. Act against Unjustiﬁable Premiums and Misleading Representations ・ ・ ・ ・ ・ ・ ・ 27
4. Electrical Appliances and Materials Safety Act ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 30
5. Consumer Product Safety Act ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 31
6. Act on Speciﬁed Commercial Transactions ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ 32
7. Acts Relating to Recycling ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・・ ・ 33

2

Laws concerning Tableware, Cooking Utensils, Kitchen Electric Appliances, etc.
As tableware, cooking utensils, kitchen electric appliances and the like come into directcontact with food when used, they are regulated under the Food Sanitation Act so as to preventthe occurrence of leakage of any toxic or harmful substances that involves a risk to human health.
Import of any goods infringing intellectual property rights and misleading representations upon
selling goods are prohibited, while regulations on quality labeling are imposed on some items
and confirmation of the conformity to technical standards is required for items for which
consumer safety needs to be ensured.
Attention should also be paid to regulations on sale via the Internet, etc. and on recycling ofcontainers and packaging of goods.
Law Title → Reference page

Major regulations on import and sale

Food Sanitation Act→ p.4‑21・Notification of import of apparatus that comes into direct contact withfood
・Inspections upon import as necessary
・Prohibition of sale, etc. of toxic or harmful apparatuses
・Establishment of standards and criteria for apparatuses and prohibition ofsale, etc. of apparatuses that do not conform to such standards andcriteria

Customs Act → p.22‑24

・Determination and payment of customs, customs clearance procedure,
ban on the import of goods infringing intellectual property right・Ban on the import of goods labeled with false or misleading indications oforiginHousehold Goods
Quality Labeling Act → p.26

Items subject to quality labeling regulations for plastic goods, miscellaneous
manufactured goods and electrical appliances and apparatuses shall be soldwith labeling indicating prescribed matters.

Act against Unjustifiable
Premiums and Misleading
Representations → p.27‑29

Prohibition of representation misleading people to believe something isbetter or more favorable than the actual one, and prohibition of false labelingof the country of origin, etc.

Electrical Appliancesand Materials Safety Act→ p.30

The Law covers specified electrical appliances and materials and othergeneral electrical appliances and materials.
(e.g. electrical coffee makers, electrical blenders, electrical refrigerators)
・Notification of import business and confirmation of the conformity totechnical standards
・Conformity assessment of specified electrical appliances and materials
・Implementation of self‑inspections and preparation and preservation of
inspection results
・Sale with PSE markConsumer Product
Safety Act → p.31

Pressure cookers and pressure pans for domestic use are included in
specified products as defined in said Act and the following are required.
・Notification of import business and confirmation of the conformity totechnical standards
・Implementation of self‑inspections and preparation and preservation of
inspection results
・Sale with PSC markWith regard to consumer products as defined in said Act, serious productaccidents are to be reported.

Act on Specified
Commercial Transactions→ p.32

When selling goods by mail order sales (including Internet sales andauctions), the following are required.
・Indication of prescribed matters in advertisement
・Prohibition of misleading advertising, etc.

Act on the Promotionof Effective Utilizationof Resources → p.33

A mark to distinguish the materials shall be indicated on paper and plastic
containers and packaging.

Act on the Promotionof Sorted Collection
and Recycling of Containers
and Packaging → p.33

When using glass containers, or paper or plastic containers and packaging,recycling charges are to be borne.

( Notes)・Major Laws that impose obligations concerning import and sale of goods on business operators
・Additionally, local governments= ordinances are applied in some cases or industry segments have established voluntarystandards or labeling rules.

3

Apparatus Covered under the Food Sanitation Act
Various products are used at a dining table or in a kitchen, but not all of them fall under the
category of apparatus as defined in the Food Sanitation Act. The Food Sanitation Act defines the
products it covers as follows.
Definition of apparatus（Article 4, paragraph (4) of the Food Sanitation Act）
The term apparatus as used in this Act shall mean tableware, kitchen utensils, and other machines,
implements, and other articles which are used for collecting, producing, processing, cooking,storing, transporting, displaying, delivering, or consuming food or additives and which come into
direct contact with food or additives; provided, however, that this term shall not include machines,
implements, and other articles used for harvesting food in agriculture and fisheries.
Whether a product falls under the category of “ apparatus” is determined based on whether “ it comes
into direct contact with food. ”
For example, a knife comes into direct contact with food and falls under the category of apparatus,
while a knife rest does not come into direct contact with food and is not covered by the Act.
This is one concrete example. If you are not sure, please make inquiries at the quarantine station.
Examples of apparatus
TablewareCups, dishes, tumblers, chopsticks, spoons, knives, forks, baby bottles,
straws, etc.

Kitchen utensils

Kitchen knives, cutting boards, pots, frying pans, bowls, ladles, etc.

Machines andimplements, etc.
which come into
direct contact withfood

・For producing, processing and cooking food ( conveyers, pipes, hoses, etc.
installed in manufacturing facilities; coffee makers, juicers, blenders, slicers,
pasta machines, etc. )・For storing and transporting food ( tanks, bottles, containers, refrigerators,
water flasks, cruets and vessels for seasoning, etc. )・For displaying and selling food ( food trays, baskets, etc. )Regulations for ensuring safety of apparatuses
The safety of apparatuses for food is ensured by Article 16 and Article 18 of the Food Sanitation Act.

4

Article 16 of theFood Sanitation Act( Outline)

Apparatuses which contain or are covered with toxic or harmful substances
and involve a risk to human health shall not be produced, imported, or sold,nor be used in business.

Article 18 of theFood Sanitation Act( Outline)⑴ The Minister of Health, Labour and Welfare may establish standards orcriteria for the apparatus to serve for the purpose of marketing or to be usedin business and the raw materials thereof.
⑵ When the standards or criteria have been established, the apparatus
which do not conform to such standards shall not be sold, nor be produced
or imported for the purpose of marketing, nor be used in business; rawmaterials which do not conform to such standards shall not be used; and theapparatus shall not be produced by methods that do not conform to such
criteria.
⑶ *Newly established in June 2020 ⇒ See p. 20
・Quality of raw materials ( synthetic resin) specified in the Order for
Enforcement of the Food Sanitation Act must be substances on the positive
list.
・However, substances other than those on the positive list may be used if they
are not used in parts that come into contact with food and do not move to thefood side in amounts that exceed the amount specified as not likely todamage human health ( Public Notice of the Ministry of Health, Labour andWelfare No. 195 of 2020: concentration in food 0. 01 mg/kg) .

Overall Flow of Import Procedures for Apparatuses for Food
A person who intends to import apparatuses for food must prepare documents for importnotification under the Food Sanitation Act and make a notification to the quarantine station.
When it is judged to be legal as a result of an examination by the quarantine station, a certificate
of notification of import of food, etc. is returned to the importer. The importer attaches thiscertificate of notification upon making an import declaration at customs, and when the import ispermitted, he/she will be able to sell the imported goods.
Preparation of documents for import notiﬁcation
Written notiﬁcation of import of food, etc.
Documents prepared by a manufacturer with which the following
can be conﬁrmed:
・Name of the goods, name and address of the manufacturer,
name and address of the manufacturing factory・Documents and color photos that show the quality ofmaterials, conﬁguration, and color of the goods
・An explanatory leaﬂet concerning the goods, including theirusage, etc.
Consultation should be sought in advance with the quarantine
station as necessary.

The cargo arrived and is carried into a bonded area.

Import notiﬁcation to the quarantine station
Examination by thequarantine station

Inspection
not required

Inspection required

Monitoring inspection

Sampling inspection by thequarantine station
PassedOrdered inspection

Self-inspection

Sampling inspection by a registeredconformity assessment body
Submission of the records of theinspection results to the quarantine station(Rejected)
When rejected,
collection of thegoods or othermeasures tobe takenIssuance of a certiﬁcate of
notiﬁcation of import of food, etc.

Examination by the quarantine station

PassedRejected

Disposal,shipping back, etc.

Import declaration to the customs house
Examination and inspection by the customs house
Payment of tariﬀs and consumption taxes
Import permission

The cargo is carried out from a bonded area
and will be distributed in Japan.

5Import Notification to the Quarantine Station
An importer who intends to import apparatuses for food for the purpose of marketing or otherbusiness purposes is obliged to make a notification under the Food Sanitation Act, from theperspective of ensuring the safety of such apparatuses.
It is not permitted to use for marketing or other purposes any apparatus for food for which
import notification has not been made.
Obligation to make an import notification (Article 27 of the Food Sanitation Act)
A person who intends to import food, additives, apparatuses or containers and packaging to serve forthe purpose of marketing or to use in business shall make a notification to the Minister of Health,Labour and Welfare on each occasion, pursuant to an Ordinance of the Ministry of Health, Labour andWelfare.
Apparatuses for which a notification needs to be madeAs prescribed in Article 27 of the Food Sanitation Act, a notification needs to be made with regard toapparatuses that a person intends to import to “ serve for the purpose of marketing or to use inbusiness. ”
As the term “ sales” as prescribed in Article 5 of the Food Sanitation Act includes “ delivery other thansales to many and unspecified persons, ” apparatuses to be delivered for free to many and unspecified
persons are also subject to the regulations and a notification needs to be made therefor.
Apparatuses for which notification is not required
Whether notification is required or not is determined in consideration of the objective circumstances,such as the apparatuses' configuration, purpose of use, labeling and other related documents.
Notification is not required in principle with regard to the following.
・Raw materials of apparatuses
・Apparatuses that do not come into direct contact with food when used in ordinary usage ( such as
ornaments and figurines)
・The following that have been imported clearly not for the purpose of marketing, or use in business inJapan
For personal use：
Limited to such cases where an importer him/herself uses theapparatuses for home use or where the apparatuses are sent fromoverseas as a gift or a tourist brings the apparatuses into Japan asa souvenir or for home use
For experiment and research：Limited to the case where the apparatuses are used for experimentor research in a testing room or laboratory
For in- house discussions： Limited to the case where the apparatuses are imported forin- house discussions
For display：
Limited to the case where the apparatuses are used solely fordisplay( Note) When intending to allow many and unspecified persons to use the apparatuses or to distribute the apparatuses
to many and unspecified persons in exhibitions or on other occasions, notification is required in advance

Written confirmation to be submitted at the request of customs, etc. in the casewhere import notification is not required
When an importer makes an import declaration at customs with regard to apparatuses for which
import notification is not required, he/she may sometimes be asked to submit a written confirmationthat proves that the cargo does not fall under the category that requires import notification under the
Food Sanitation Act. The importer must submit two copies of written confirmation (designated form)
to the quarantine station to obtain confirmation to the effect that the cargo does not fall under the
category that requires import notification.
When the quarantine station finds that notification is not required for the cargo, it affixes a
confirmation seal on the written confirmation and returns one of the two copies to the importer. The
importer shall submit this to customs.

6Procedures for notification (Article 32 of the Ordinance for the Enforcement of the Food Sanitation Act)An importer must prepare a written import notification in the designated form and submit it to thequarantine station having jurisdiction over the place of customs clearance of the cargo, together with
documents, etc. that show the quality of materials, configuration, and color of the goods, immediately
after the arrival of the cargo. ( Note)
Due to the need to ensure the effectiveness of disposal orders, etc. , an importer who is a nonresident or an Attorney for the Customs Procedures ( as defined in Article 95 of the Customs Act: a person
who files export and import declarations, witnesses inspections, pays customs duties, etc. on behalf ofa person who does not reside in Japan) without an address or residence in Japan may not submit importnotifications.
( Note) A notification shall be made after the arrival of the cargo, in principle, but there is the Advance Notification System thatallows a person to make a notification in advance, from seven days prior to the planned arrival date. In this case, withregard to cargo that does not require inspection, a certificate of notification is issued promptly before the cargo arrives orafter it is carried in. However, if there is any change in the content of the notification after the arrival of the cargo, theimporter must report to that effect to the quarantine station to which the importer had made an advance notification.

Documents necessary for notification
Notification Form for Importation of Foods, etc.
Information on how to obtain and complete a notification form is available at websites related toimported foods of the Ministry of Health, Labour and Welfare or each quarantine station.
MHLW's website: https://www. mhlw. go. jp/content/11130500/000645409. pdf ( Japanese)□ Documents prepared by a manufacturer ( on the manufacturer's letterhead, signed or stamped)with which the following can be confirmed, of the goods:
・Item name ( name and code, etc. of the goods)
・Name and address of the manufacturer, and name and address of the manufacturing factory・Documents with which the quality of materials ( parts that come into contact with food, inparticular) , configuration and color pattern can be confirmed.
・Specific usage, product explanatory leaflet
・In the case of components or combination products, a list of components and drawings, such asa developed figure showing the correlation with the completed product□ Product color photographs, catalogs, etc.
□ Records of self- inspections conducted previously, as needed□

Notification methods
Notification may be made by any of the following methods.
・Request a customs broker( Note) to submit documents by proxy ( necessary documents must be
prepared by the importer)・Bring in documents to the counter of the quarantine station
・Send documents by post
・Submit documents online by using the Food Automated Import Notification and Inspection Network
System ( FAINS)( In this case, you need to register your terminal equipment, etc. with the Ministry of Health,Labour and Welfare in advance. )( Note) A customs broker refers to a person who engages in the custom- house business by obtaining permission of the customs
director. A customs broker undertakes affairs concerning import declaration ( tax filing) , etc. in place of an importer andoften engages in international forwarder business, warehousing business, harbor transport business, etc. as well.

■ Inquiries: Quarantine station of the MHLW having jurisdiction over the port where the importer
imports a cargo
Offices to accept import notification: Food Inspection Division (32 locations nationwide)https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/kenkou̲iryou/shokuhin/yunyu̲kanshi/kanshi/index̲00004．html
Prior consultation: Offices of Imported Food Consultation ⇒ See p.9■ Reference information: MHLW Website, Imported Food Safety
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/kenkou̲iryou/shokuhin/yunyu̲kanshi/index̲00017.html

7

（Source：MHLW Website)8■ Import consultation service offices at quarantine stations, MHLW
(13 locations nationwide as below; ◎: Dedicated phone numbers)

Otaru Quarantine Station Food Inspection Division

TEL:＋81-134-32-4304

Sendai Quarantine Station Food Inspection Division

TEL:＋81-22-367-8102

Narita Airport Quarantine Station Food Inspection Division

TEL:＋81-476-32-6741◎＋81-476-32-6728

Tokyo Quarantine Station Food Inspection Division

TEL:＋81-3-3599-1520◎＋81-3-3599-1519

Yokohama Quarantine Station Food Inspection Division

TEL:＋81-45-201-0505

Niigata Quarantine Station Food Inspection Division

TEL:＋81-25-244-4405

Nagoya Quarantine Station Food Inspection Division

TEL:＋81-52-661-4133◎＋81-52-661-4132

Osaka Quarantine Station Food Inspection Division

TEL:＋81-6-6571-3523◎＋81-6-6571-3554

Kansai Airport Quarantine Station Food Inspection Division

TEL:＋81-72-455-1290◎＋81-72-455-1295

Kobe Quarantine Station Food Inspection Division

TEL:＋81-78-672-9655

Hiroshima Quarantine Station Food Inspection Division

TEL:＋81-82-255-1379

Fukuoka Quarantine Station Food Inspection Division

TEL:＋81-92-271-5873

Naha Quarantine Station Food Inspection Division

TEL:＋81-98-868-4519

FAQ
Ｑ Is import notification required even in the case of importing goods personally?
Ａ

Under the Food Sanitation Act, notification is required when goods are imported for the purposeof marketing or use in business, or for the purpose of delivery other than sales to many andunspecified persons. Therefore, import notification needs to be made even if the importer is anindividual.
On the other hand, in the case where a person imports goods only for personal use, the person
shall take full responsibility for the safety of the goods to human bodies and is not required to makea notification.
It is not allowed to use any apparatus in business that a person has imported without making a
notification, such as selling such apparatus to others or using such apparatus at a restaurant, etc.
that he/she operates.

Ｑ We want to import pots that are already being sold in Japan. Do we need to make animport notification?
Ａ
As prescribed in Article 27 of the Food Sanitation Act, an importer must prepare necessary
documents for cargoes to be imported and make an import notification on each occasion.
Furthermore, as prescribed in Article 3 of said Act, an importer is obliged to ensure the safety of the
products that his/her company imports ( see “ Responsibility of importers” on p. 17) .
Ｑ Is import notification required when importing antique tableware?
Ａ

When a person imports antique tableware for the purpose of using such tableware in a mannerthat it comes into direct contact with food, import notification is required. Even in the case wheresuch tableware is one of a kind, it is necessary to confirm that the tableware conforms to thestandards and criteria under the Food Sanitation Act in every way.
Notification is not required for decorative plates solely for ornamental use, which look liketableware but have a ribbon or other ornament and are not practically used. However, when an
importer makes an import declaration at customs, he/she may sometimes be asked to submit awritten confirmation that proves that the cargo does not fall under the category that requires importnotification under the Food Sanitation Act ( see p. 6) .
9

Standards and Criteria for Apparatuses and Inspections
The quarantine station checks the details of the notifications and examines whether theapparatus contains any toxic or harmful substances and whether the apparatus conforms to thestandards and criteria under the Food Sanitation Act.
When the quarantine station finds it necessary to conduct an inspection, it gives direction on
the required inspection, and makes a judgment on legality based on the inspection results.
When the cargo to be imported is found to conform to the Food Sanitation Act, a certificate of
notification is returned and the importer may proceed with customs clearance procedures.
On the other hand, when the cargo is found to violate the Act, it is shipped back or disposed ofand the importer must bear the expenses therefor.
Inspections directed by the quarantine station
Orderedinspection

Self- inspection( instructed
inspection)

Monitoring
inspection

An inspection that the quarantine station
orders to an importer to conduct, on eachoccasion, based on Article 26 of the Food
Sanitation Act, with regard to cargoes thatare considered to be highly likely to violate
the Law, such as those found to violate theLaw as a result of a self- inspection or amonitoring inspection, or a random
inspection( Note) in Japan, etc.
Items subject to ordered inspection, mattersto be inspected, sampling methods, andinspection methods are publicized on the
MHLW Website.

Sampling and inspection: Registeredconformity assessment bodies

An inspection that the national government
instructs an importer to conduct upon
importing a cargo for the first time andregularly thereafter as part of the importer's
own efforts for sanitary supervision

Sampling and inspection: Registeredconformity assessment bodies

An inspection that the national government
conducts based on an annual plan for the
purpose of monitoring food sanitation
conditions widely and taking measures, suchas the strengthening of inspections upon
import, as necessary

Sampling: Quarantine stations

Expenses: To be borne by importers
Import is not permitted until the inspection
results are obtained.

Expenses: To be borne by importers
Import is not permitted until the inspection
results are obtained.
Expenses: To be borne by the national
government
Import is permitted without needing to
wait for inspection results.

( Note) A random inspection refers to an inspection that a food sanitation inspector of a public health center conducts based on the
Food Sanitation Act by collecting the required amount of foods as samples from processing facilities and retailing stores,
etc.

Implementation of self‑inspections
This is also called instructed inspection because it is an inspection in which the quarantine office
instructs importers.
Initial inspection upon their first import is mandatory for apparatuses, containers and packaging
whose conformity to the standards and criteria under the Food Sanitation Act needs to be confirmed.
Inspection expenses are borne by importers.
There are three ways to conduct inspections: Inspections before or after notification at registeredconformity assessment bodies in Japan, or inspection before importation at foreign official laboratories.
When conducting inspections in Japan, the importer can select and request inspections at his/her
discretion from among the registered conformity assessment bodies listed on the website of the Ministryof Health, Labour and Welfare. Check the websites of each registered conformity assessment body toconfirm which matters to be inspected can be performed.
Please check with a registered conformity assessment body regarding the sample quantities anddocuments required for testing before importing. Also, please contact a registered conformity
assessment body for expenses and the number of days required for inspection.
■Reference information: MHLW Website, List of Registered Conformity Assessment Bodies
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/kenkou̲iryou/shokuhin/jigyousya/kikan/index.html(Japanese)

10Self‑inspection (i) Implementation of inspection of samples collected from notified cargo
at registered conformity assessment bodies
・The importer requests a registered conformity assessment body to inspect matters to be inspected as
instructed by the quarantine station after import notification.
・The registered conformity assessment body collects and inspects samples from the cargo in a bonded
warehouse.
・The importer submits the report of inspection results for the cargo to the quarantine station.
Self‑inspection (ii) Implementation of inspection of samples imported prior to notification (advance samples) at registered conformity assessment bodies
Samples that are imported for inspection prior to importing the cargo for sale are called “ advancesamples. ” Import notification is not required for inspection samples, and the Ministry of Health, Labourand Welfare refers to inspections conducted on advance samples as “ inspections conducted on food, etc.
without import notification. ” Since it can be confirmed that the products conform to the Food Sanitation
Act before import notification, this inspection has the advantage of avoiding the risk of disposal or
shipping back due to the import of non- conforming products. Matters that may change during transport( bacteria, mycotoxins, etc. ) cannot be inspected using advance samples; therefore, this is a more
effective method for apparatuses than for food.
The quarantine station will only accept the results of an inspection conducted on an advance sample if
the prescribed “ confirmation certificate” is attached and it is possible to confirm that certain
requirements are satisfied with regard to the matters stated in the report and the documents to be
attached. Please make inquiries at the relevant registered conformity assessment body to confirm thedetails. Please consult with the quarantine station in advance about matters to be inspected.
＜ Basic requirements for advance samples ＞
・Advance samples must be unopened ( except for those opened due to inspection by customs or otheradministrative agencies) and sent directly from the manufacturer or exporter to the registeredconformity assessment body.
・Documents relating to samples ( documents indicated in confirmation item 2 of the quarantine station
form “ Written confirmation of inspection results conducted on food, etc. without importnotification” ) prepared by a manufacturer, etc. ( manufacturer, manufacturing facility, exporter) in
the exporting country must be enclosed with advance samples.
■ Reference information: MHLW Website,
Written confirmation of inspection results conducted on food, etc. without import notification
https://www.mhlw.go.jp/file/06‑Seisakujouhou‑11130500‑Shokuhinanzenbu/170831.pdf(Japanese)
Procedure for conducting inspections on advance samples

ImporterConduct preliminary survey⑴ Survey of cargo to be imported = Raw materials ( quality of material) ,manufacturing method, etc.
⑵ Setting matters to be inspected*Please use Quarantine Station Consultation Room.
⑶ Confirmation of number of inspection samples*Consult with registered conformity assessment body↓

Manufacturer

Deliver inspection samples and related documents⑴ Attachment of invoice and B/L⑵ Enclosure of sample information documents
・Product name, product code, JAN code, manufacturer name, catalog, photograph,etc.
・If the sample is a part of a product ( e. g. , a component) , information showing thecorrelation with the completed product ( developed figure, drawing)・Raw materials, quality, and manufacturing method↓ Direct delivery

Registered conformity
assessment body

Conduct inspection Issuance of report of inspection results↓
Importer

Submit written notification for importation of foods, etc. and attach report ofinspection results（Source) Excerpt from Kobe Quarantine Station

Imported Food Consultation Q&A

11

Self‑inspection (iii) Implementation of inspection at foreign official laboratories
A foreign official laboratory is a conformity assessment body recognized by the government of theexporting country as a testing institution with a certain level of inspection capacity in its own country,
and regarding which a request has been made in advance by the government of the exporting country to
the Ministry of Health, Labour and Welfare.
If a report of inspection results from a foreign official laboratory is attached to the import notificationand the inspection results conform to the Food Sanitation Act, instructed inspection for the relevant
matters will be exempted. In this case, matters that may change during transport ( bacteria,
mycotoxins, etc. ) cannot be exempted at the time of importing a cargo; therefore, this is a more
effective method for apparatuses than for food.
There are certain acceptance requirements for inspection results. For details, please contact thequarantine station.
・The name and address of the relevant laboratory are the same as those on the list.
Records of inspections conducted by a branch or local office of laboratories on the list are notaccepted.
・The inspection method employed is equivalent or superior to test methods specified by the Food
Sanitation Act of Japan.
・The report of inspection results contains information with which inspected goods can be identified,such as the manufacturer name, product name and code, etc. , for the purpose of confirming theidentity between the inspected samples and the goods to be imported to Japan.
・The report of inspection results is written in English or Japanese.
Minimum matters that should be stated on the foreign official laboratory report ofinspection results
⑴
⑵
⑶

⑷

Information relating to conformity assessment body
Name and location
Information relating to requester
Name and address ( for business operators, name and location of principal office)Information relating to samples
Country of origin
Name and location of the manufacturing or processing facility, or country of origin
Name ( including information that can identify the sample, such as a code, etc. )Quality of materials, color and pattern, etc. ( limited to apparatuses, containers, packaging,and toys)
Depth, capacity, and type of cooking apparatus ( limited to apparatuses and containers/packaging madeof glass, porcelain or enamel)
Color photos ( limited to apparatuses, containers, packaging, and toys)
Information relating to tests
Tested item
Test method ( including source and rationale)
Test results ( including the limit of detection or limit of quantification)
Date of preparation and issuance and number of report of inspection results(Source) Ministry of Health, Labour and Welfare
Minimum Preferably Required Information in Test Certificates Issued by Foreign Official Laboratories■ Reference information: MHLW Website, List of Foreign Official Laboratories
https://www.mhlw.go.jp/english/topics/importedfoods/1‑10.html

12

Standards and criteria for apparatuses, containers and packaging
Standards and criteria for apparatuses are defined in Section 3 of the Standards and Criteria for Foodand Food Additives, etc. ( Public Notice No. 370) .
Section 3 Apparatuses, Containers and Packaging
A. Standards for apparatuses or containers/packaging, or their raw materials in general
D. Standards for apparatuses or containers/packaging, or their raw materials by quality
1. Apparatuses or containers/packaging made of glass, porcelain or enamel
2. Apparatuses or containers/packaging made of synthetic resin
3. Apparatuses or containers/packaging made of rubber
E. Standards for apparatuses or containers/packaging by usage
3. Apparatuses used for manufacturing ice confectionery
4. Vending machines for food ( limited to such machines that have a structure wherein components
come into direct contact with food) and apparatuses used for selling food by using such vending
machines
F. Criteria for manufacturing for apparatuses or containers/packaging( Notes)・The above are titles relating to apparatuses extracted from Public Notice No. 370. The text of the public notice is available on the
MHLW Website.
https://www. mhlw. go. jp/content/000757879. pdf ( Japanese)
https://www. mhlw. go. jp/english/topics/foodsafety/containers/dl/04. pdf ( English)
・In Article 4, paragraph ( 5) of the Food Sanitation Act, the term “ containers and packaging” is defined as “ articles which containor wrap food or additives and are offered ‘as is' when delivering food or additives. ” Specifically, the term refers to bottles,
cans, boxes, bags, wrapping paper, plastic wrap, plastic trays, etc. that contain or wrap food. Standards and criteria similar
to those for apparatuses are established for containers and packaging so as to prevent the occurrence of leakage of any toxic orharmful substances that involves a risk to human health.

Standards for raw materials in general ( i) , standards for raw materials by quality ( ii) and criteria for
manufacturing ( iii) are outlined below.
(i) Standards for raw materials in generalStandards are established for each of the raw materials of apparatuses, such as metal and used paper.
Raw material
Metal

Type

Standards

Apparatuses

Do not have a structure that involves a risk that
copper, lead or alloys thereof might be scraped off

Tin for plating used for parts thatcome into contact with foodLead: 0.1% or less

Metal used for manufacturing or
Lead: 0.1% or lessrepairing parts of the apparatuses Antimony: Less than 5%
or containers/packaging that comeinto contact with food
Solder used for manufacturing or
Lead: 0.2% or lessrepairing parts of the apparatuses
or containers/packaging that comeinto contact with foodElectrodes of apparatuses with adevice to directly pass current
through food

Limited to iron, aluminum, platinum or titanium(however, when the current through food is minute,stainless steel may be used)

Raw materials ingeneralApparatuses orcontainers/packaging

Coloring: For chemically‑synthesized compounds,
those listed in Appended Table 1 of the Ordinance for
Enforcement of the Food Sanitation Act (excluding
cases where there is no risk that coloring might flowout or transude into food)Paper (including
paper board)

Apparatuses orcontainers/packaging used forusages wherein water or oil in thepaper increases significantly or for
usages with lengthy heating

Used paper must not be used as raw materials(excluding cases where used paper is processed sothat toxic substances in the paper might not flow out ortransude into food).

Apparatuses orcontainers/packaging⇒ See p.20

Appended Table 1 shows the permitted contained
amount in apparatus, containers and packaging
manufactured using said raw materials, or the amount(content) permitted to flow out or transude into foodfrom apparatuses, containers or packaging. However,this excludes cases where it is used as coloring. (Therest is omitted.)(revised on March 12, 2013)

Synthetic resin(quality of raw
materials specified
in Article 1 of theOrder for
Enforcement of theFood Sanitation
Act)（revised on April 28, 2020）

13

(ii) Standards for raw materials by quality
With regard to apparatuses and containers/packaging made of glass, porcelain or enamel, thepermissible amount of cadmium and lead is defined for elution tests.
[Apparatuses and containers/packaging made of glass]Type

Elution test
Tested item

Conditions

SolutionStandards

Cadmium

0.05μg/ml or less

Lead

0.5μg/ml or lessCadmium

0.5μg/ml or less

Lead

1.5μg/ml or less

Cooking apparatus

Capacity: Less than 600ml

Cadmium
Capacity: 600ml or more
but less than 3L
Lead

At normal
temperature(dark place),for 24 hours

0.25μg/ml or less
4% aceticacid
0.75μg/ml or lessCadmium

0.25μg/ml or less

Lead

0.5μg/ml or lessCadmium

0.7μg/cm2 or less

Lead

8μg/cm2 or less

Capacity: 3L or moreThose that cannot be filled with liquidor whose depth is less than 2.5cm
when filled with liquid[Apparatuses and containers/packaging made of porcelain]Type

Elution test
Tested item

Conditions

SolutionStandards

Cadmium

0.05μg/ml or less

Lead

0.5μg/ml or lessCadmium

0.5μg/ml or less

Lead

2μg/ml or less

Cooking apparatus

Capacity: Less than 1.1L

Cadmium
Capacity: 1.1L or more but
less than 3L
Lead

At normal
temperature(dark place),for 24 hours

0.25μg/ml or less
4% aceticacid
1μg/ml or lessCadmium

0.25μg/ml or less

Lead

0.5μg/ml or lessCadmium

0.7μg/cm2 or less

Lead

8μg/cm2or less

Capacity: 3L or moreThose that cannot be filled with liquidor whose depth is less than 2.5cm
when filled with liquid( Note) Cooking apparatus refers to an apparatus mainly used for cooking with direct heat, oven, microwave, etc. An apparatus that is
not for cooking but for merely warming cold food is not considered to fall under the category of cooking apparatus and is treatedas such, even if it carries a “ microwave safe” label.

14

[Apparatuses and containers/packaging made of enamel]
Elution test

Type

Those thatcannot be filledwith liquid or
whose depth isless than 2.5cm
when filled withliquidTested item

Cooking
apparatus

Other
apparatus

Capacity:
3L or moreThose whose
depth is 2.5cm or
more when filledwith liquid

Cooking
apparatus

Other
apparatus

Conditions

SolutionStandards

Cadmium

0.5μg/cm2 or less

Lead

1μg/cm2 or lessCadmium

0.7μg/cm2 or less

Lead

8μg/cm2 or lessCadmiumLead

At normal
temperature(dark place),for 24 hours

0.5μg/cm2 or less

4% aceticacid

1μg/cm2 or lessCadmium

0.07μg/ml or less

Lead

0.4μg/ml or lessCadmium

0.07μg/ml or less

Lead

0.8μg/ml or less[Apparatuses or containers/packaging made of synthetic resin]
As the general standards, the permissible amount of cadmium and lead for material tests and that of heavy
metal and consumption of potassium permanganate ( KMnO4) for elution tests are defined. Furthermore,
standards are defined respectively for 13 types of resin.
Type

Material test

Synthetic resin
in general(generalstandards)●Cadmium:100μg/g or
less●Lead:100μg/g or lessElution test
Tested item
Heavy metal
Consumptionof KMnO4＊2
PhenolFormaldehyde

Phenol resin,melamine resinor urea resin

Evaporation
residue

Conditions
At 60 , for
30 minutes＊1
At 60 , for
30 minutes＊1

Those using
formaldehyde as
raw materials

Evaporation
residue

Polyvinyl chloride(PVC)

Evaporation
residue

4% aceticacid

1μg/ml or less

Water

10μg/ml or less
5μg/mlWater

Negative

Heptane

At 60 , for
30 minutes

20%
ethanol＊4

＊3

Water

4% acetic acid＊6
Water

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

Negative

30μg/ml＊5Water

4% acetic acid＊6

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4
Water＊5

At 60 , for
30 minutes＊1

30μg/ml＊5

At 60 , for
30 minutes＊1

At 60 , for
30 minutes＊1●Dibutyltin
compounds：50μg/g
or less (in the form of
dibutyltin dichloride)●Cresol phosphoricacid ester：1mg/g or
less●Vinyl chloride：1μg/g
or less

Standards

At 25 , for
one hourAt 60 , for
30 minutes＊1
Formaldehyde

Solution

150μg/ml or less

30μg/ml or less

4% acetic
acid＊615

Type

Material test

Polyethylene(PE) andpolypropylene(PP)

Elution test
Tested item

Evaporation
residue

Conditions

Solution

At 25 , for
one hour＊3

Heptane

At 60 , for
30 minutes

20%
ethanol＊4

At 60 , for
30 minutes＊1

Polystyrene(PS)Polyvinylidene
chloride (PVDC)●Volatile substance(total of styrene,
toluene, ethyl
benzene, isopropyl
benzene andpropyl benzene):
5mg/g or less;expandedpolystyrene (limited
to those using
boiling water): 2mg/g
or less; styrene andethyl benzene:
1mg/g or less,respectively●Barium：100μg/g or
less●Vinylidene chloride：
6μg/g or less

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

30μg/ml or less

4% acetic
acid＊6

Evaporation
residue

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

At 60 , for
30 minutes＊1

Evaporation
residue

Methylmethacrylate

Evaporation
residue

Caprolactam

Evaporation
residue

4% acetic
acid＊6
4% aceticacid

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

0.05μg/ml or less
0.1μg/ml or less

30μg/ml or less

Water＊5
4% acetic
acid＊6

At 60 , for
30 minutes

20% ethanol

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

15μg/ml or less

30μg/ml or less

Water＊5
4% acetic
acid＊6

At 60 , for
30 minutes

20% ethanol

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

At 60 , for
30 minutes＊1

30μg/ml or less

Water＊5

At 60 , for
30 minutes＊1

At 60 , for
30 minutes＊1

16240μg/ml or less

At 60 , for
30 minutes＊1

At 60 , for
30 minutes＊1

Nylon (PA)30μg/ml or less

4% acetic
acid＊6

Water＊5

Germanium

Polymethylmethacrylate(PMMA)

30μg/ml or less(for specimens
used at 100℃ or
lower temperature,
150μg/ml or less)

Evaporation
residue

Antimony

Polyethylene
terephthalate(PET)

Water*5

Standards

Water＊5
4% acetic
acid＊615μg/ml or less

30μg/ml or less

Type

Material test

Polymethylpentene(PMP)

Polycarbonate(PC)

Elution test
Tested item

Evaporation
residue●Bisphenol‑A(containing phenol
and p‑t‑butylphenol):
500μg/g or less
●Diphenyl carbonate:
500μg/g or less●Amines(triethylamine andtributylamine):
1μg/g or less

Bisphenol‑A(containing
phenol andp‑t‑butylphenol)

Evaporation
residue

Conditions

SolutionStandards

At 25 , for
one hourHeptane＊3

120μg/ml or less

At 60 , for
30 minutes

20%
ethanol＊4

At 60 , for
30 minutes＊1

Water＊5
4% acetic acid＊6

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

At 60 , for
30 minutes＊1

Polyvinyl alcohol(PVA)

Evaporation
residue

Total lactic acid

Polylactic acid
(PLA)

Evaporation
residue

At 60 , for
30 minutes

20%
ethanol＊4

Polyethylene
naphthalate(PEN)

Evaporation
residue30μg/ml or less

＊5

Water

4% acetic acid＊6

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

30μg/ml or less

＊5

Water

4% acetic acid＊6

At 60 , for
30 minutes＊1

Water

At 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

At 60 , for
30 minutes＊1
Germanium

Water

4% acetic acid＊6
Heptane＊3

At 60 , for
30 minutes＊1

2.5μg/ml or less＊5

At 25 , for
one hourAt 60 , for
30 minutes＊1

30μg/ml or less

30μg/ml or less

30μg/ml or less

＊5

Water

4% acetic acid＊6

At 60 , for
30 minutes＊1

4% acetic acidAt 25 , for
one hourHeptane＊3

At 60 , for
30 minutes

20%
ethanol＊4

0.1μg/ml or less

30μg/ml or less
＊5

Water
At 60 , for
30 minutes＊1

4% acetic
acid＊6

Responsibility of importers
Article 3 of the Food Sanitation Act provides that a food business operator shall, on his/her own responsibility, endeavor toensure the safety of the food and apparatuses, etc., and for that purpose, he/she shall endeavor to(i) obtain knowledge and technologies concerning food sanitation, (ii) ensure the safety of raw materials to be used,(iii) conduct self-inspections, and (iv) take other necessary measures.
An importer must conirm by him/herself the safety of the apparatuses he/she imports, including that such apparatuses
conform to the Food Sanitation Act.
An importer is also required to endeavor to preserve records, such as written import notiications, customs releases andledgers for receipt and delivery of goods, and to take necessary measures properly and promptly in the event of any hazard,
such as offering the relevant records to the national government and prefectural governments, etc.

17

[Apparatuses or containers/packaging made of rubber]
The permissible amount of cadmium and lead for material tests and that of phenol, formaldehyde, zinc,heavy metal, and evaporation residue for elution tests are defined.
Type

Material test

Elution test
Tested item

Conditions

PhenolWater

Formaldehyde
Apparatuses orcontainers/
packaging madeof rubber(excluding baby
bottles)●Cadmium:100μg/g
or less●Lead:100μg/g or less
●2‑Mercaptoimidazoline(limited to thosecontaining chlorine):
Negative

Zinc
Heavy metal

Solution

At 60℃ , for
30 minutes＊1

4% aceticacid

4% acetic
acid＊6

Evaporation
residue15μg/ml or less
1μg/ml or less (inthe form of lead)

5μg/ml or less
Water

Formaldehyde
Zinc
Heavy metal

60μg/ml or less20%
ethanol＊3,＊4

Phenol●Cadmium:10μg/g or
less●Lead:10μg/g or less

5μg/ml or less
Negative

Water＊5,＊7

At 60 , for
30 minutes

Parts of baby
bottles made ofrubberStandards

At 40℃, for
24 hours

Evaporation
residue

Negative
1μg/ml or less

4% aceticacid

1μg/ml or less (inthe form of lead)

Water

40μg/ml or less*1 When the temperature at which the relevant apparatus, etc. is used is over 100℃, at 95℃ for 30 minutes*2 Excluding phenol resin, melamine resin and urea resin*3 Applicable to fat and fatty substances*4 Applicable to liquor*5 Applicable to food whose pH exceeds 5*6 Applicable to food whose pH is 5 or less
*7 Applicable to apparatuses(iii) Criteria for manufacturing apparatuses and containers/packaging

18

Type

Criteria

Apparatuses andcontainers/packaging
made of copper or copper
alloy

Limited to those for which the whole parts that come into contact with food aretinned, silver‑plated or otherwise treated so as to prevent food sanitation hazards(excluding those that have unique luster and are not rusty)

Apparatuses andcontainers/packaging in
generalColoring: When using chemically‑synthesized compounds, those listed in Appended
Table 1 of the Ordinance for Enforcement of the Food Sanitation Act (excluding
cases where such coloring is used by being blended with glaze, glass or enamel or inanother way that poses no risk of being mixed with food)Containers/packaging forice confectionery made of
paper, wood shavings ormetal foil

Limited to those sterilized after being manufactured

Apparatuses andcontainers/packaging in
generalSpine of specific cattle must not be used. However, this does not apply when any of
the following is used as a raw material．
⑴ Fat derived from the spine of specific cattle, which has been hydrolyzed,
saponified or transesterified under high temperature and high pressure⑵ Spine manufactured from specific cattle aged 30 months or less, which has
been degreased, decalcified with acid, treated with acid or alkali, filtered, andheat sterilized at 138℃ or more for four seconds or more, or has received treatment
equivalent or superior to such treatment to reduce infectivity．

FAQ
Ｑ We are going to import porcelain coffee cups. What standards and criteria for
apparatuses are applicable?
Ａ As lead (Pb) and cadmium (Cd) , which are used for glazing or painting porcelaintableware, may harm human health when ingested in large amounts, their elution isregulated.
Apparatuses and containers/packaging made of porcelain are classified into two by depth andthose with a certain depth are further categorized into those for cooking and those for otherpurposes. Those for other purposes are classified into three by capacity.
Porcelain coffee cups fall under the categories of “ those whose depth is 2. 5cm or more when filledwith liquid, ” “ other apparatus, ” and those with capacity of “ less than 1. 1L. ” Therefore, theyneed to conform to the standards that contained cadmium and lead are 0. 5μ g/ml or less and 2μg/ml or less, respectively. Basically, parts that come into direct contact with food ( the inside of thetableware) are subject to the regulations, and the elution of cadmium and lead from the outside,which does not come into contact with food, is not regulated.
Even if tableware is made of the same materials and falls under the same category, when parts
that come into contact with food are different in color, inspections are required separately for eachcolor.
For details, please make inquiries at the quarantine station or registered conformity assessment
body after preparing materials with which the quality of materials, configuration and color of theapparatuses can be confirmed.
Ｑ When we import the same goods repeatedly, do we need to submit inspection
records every time?
Ａ You can utilize the System of Continuous Import of Same Items.
When you repeatedly import the same apparatuses or containers/packaging ( the manufacturing
factory, quality of materials, color and manufacturing method are the same) , you may submit a
copy of the initial written import notification and a copy of the inspection records, and then,inspections upon import are to be exempted indefinitely for the items stated in said inspection
records. However, where inspection methods or standard values, etc. have been altered due tolegal changes, you need to undergo self- inspections anew.
Ｑ When we import tableware and cooking utensils, etc., what are the most common
violations?
Ａ When importing tableware and cooking utensils, most violations are due tonon‑conformity with the standards by material.
Specific content, including the name of products in actual violation, the name of manufacturers,
the country of origin, non- conforming content, the name of the importer, and the status of
measures, etc. are posted on the website of the Ministry of Health, Labour and Welfare.
Cases of violation of apparatus at the time of import ( partial excerpt from 2016)
Countryof origin

Details of nonconformity

Gold‑plated brass
apparatus

Italy

Non‑compliance with standards by material(Lead 1.8％ detected)

Tableware (made ofporcelain): Dish

Vietnam

Non‑compliance with standards by material Insufficient prior(Lead 14μg/ml detected）
confirmation

Other apparatus (made ofenamel): Cocotte oval lid

FranceNon‑compliance with standards by material(Cadmium 0.6μg/cm2 detected)

Tableware (made ofmelamine resin): Mug

China

Non‑compliance with standards by material
Insufficient control of(Evaporation residue (4% acetic acid) 45 μg/ml
molding process
detected)

Other apparatus (made ofpolyethylene): Freezer bag

China

Non‑compliance with standards by material Insufficient control of(Lead 430μg/g detected)
colorant use

Tableware (made ofpolypropylene): Spoon

Vietnam

Non‑compliance with standards by material Detection due to(Cadmium 110μg/g detected)
colorant

Kitchen utensils (made ofnylon): Scraper

FranceNon‑compliance with standards by material Insufficient recognition(Caprolactam 17μg/ml detected)of the Food Sanitation Act

Other apparatus (made ofrubber): Food gloves

Malaysia

Non‑compliance with standards by material Insufficient surface(Zink nonconformity)
washing

Product name

Cause

(Source) MHLW Website, Imported Food Safety ＞ Violation cases

19PositiveListSystemandInformationSharingforApparatusesMadeofSyntheticResin
Use of all substances was allowed, in principle, for apparatuses, containers and packaging inJapan under the negative list system, which restricts the use of substances specified by thegovernment. However, it was impossible to immediately regulate the use of substances that werebanned in other countries without setting standards and criteria.
Therefore, the positive list system was introduced to allow the use of only substances that havebeen assessed for safety in apparatuses, containers and packaging, and came into effect forsynthetic resin apparatuses, containers and packaging on June 1, 2020.
Materials other than synthetic resins will also be covered by the positive list system and be
added in the future.
The existing negative list system will continue to operate, which means that synthetic resins
will be subject to both the regulations of the negative list system and the positive list system.
Positive list system ( Newly established by Article 18, Paragraph 3 of the Food Sanitation Act ⇒ See
p. 4)
The positive list system, in principle, has regulations that prohibit the use of all substances, stipulate
which substances are permitted to be used, and allow the use of only substances guaranteed to be safe.
In addition to the United States, the European Union, China and others introducing this system, Asian
countries such as South Korea and Thailand are also considering its introduction.
Scope of application ( Article 1 of the Order for Enforcement of the Food Sanitation Act, Enforcement
Notice: Environmental Health and Food Safety No. 1107- 1)〇This system applies to synthetic resin. Excludes rubber ( elastic material without thermoplasticity) .
〇This system also applies to synthetic resin that has formed on the food contact surface with othermaterials.
Examples: Milk cartons with synthetic resin sheets, metal cans with synthetic resin coating
Classification of synthetic resins (Outline)
Thermoplastic

Non- thermoplastic

Plastic

Thermoplastic resinEx. ) Polyethylene, Polystyrene

Thermosetting resinEx. ) Melamine resin, Phenol resin

Elastomer

Thermoplastic elastomer
Ex. ) Polystyrene elastomer,
Styrene block copolymer

Rubber ( thermosetting elastomer)Ex. ) Butadiene rubber, Nitrile rubber(Source) MHLW

Substances controlled under the positive list system ( Public Notice No. 370, Paragraph 3- A:
Raw Materials General Standard 8)〇Substances subject to the positive list system are listed in “ Table 1: Base Polymers” and “ Table 2:
Additives and Coating Materials” in Appended Table 1 of the “ Standards and Criteria for Food andAdditives, etc. ” ( Public Notice of the Ministry of Health, Labour and Welfare No. 370, promulgatedon April 28, 2020) .
〇Base polymers and additives are substances used with the intention of remaining in the final product.
〇Substances that are not intended to remain in the final product are controlled using the existingnegative list system.
Examples: Catalysts and polymerization aids used in monomer polymerization reactions, rawmaterials for base polymers
What is synthetic resin？
Synthetic resin: Polymer obtained through the polymerization (repeated bonding) of monomers with added additives．
Monomer: Low molecular weight compound, such as ethylene or propylene, that is the smallest unit to constitute a polymer．
Polymer: High molecular weight compound made by polymerizing thousands to hundreds of thousands of monomers．
Base polymer: Polymer that forms the basic structure of a synthetic resin．
Additive: Chemical substance added to polymers to impart physical or chemical strength, properties, or functions to thesynthetic resin．
(Source) Prepared from Food Safety Commission of Japan and Ministry of Health, Labour and Welfare documents

20

Positive list regulations and key points to confirm conformity〇“ Table 1: Base Polymers” consists of three lists: ( 1) base polymers ( plastics) , ( 2) base polymers( coating resins) , and ( 3) monomers that can be polymerized in only trace amounts to base polymers( minor monomers) .
〇The usable food and maximum usable temperature are specified for the base polymers in Table 1 ( 1)and ( 2) .
Confirmation points ⇒( i) Is the product's synthetic resin in the list of base polymers?
( ii) Are the product's usage conditions within the scope of the usable foodand maximum usable temperature?
〇When using minor monomers in Table 1 ( 3) as components, the base polymer must comprise morethan 98% of components.
〇Base polymers are classified into seven categories based on their characteristics ( physicochemical
properties) and actual use, and the usage limits ( percentage by total weight of synthetic resin,
including base polymers and additives) in “ Table 2: Additives, etc. ” are specified by category.
Confirmation points ⇒( i) Is the synthetic resin additive listed in Table 2?
( ii) Can the additive be used for the base polymer resin category? Is it
within the usage limit?
Two responses required of importers(1) Confirmation that the product is manufactured using raw materials conforming withthe positive list system, and explanation during import clearance
・Obtain information from the exporter ( manufacturer of apparatuses, containers and packaging, andraw material manufacturers) on the composition, ingredients, content (%) , and usage conditions,etc. of the synthetic resins, and check them against the positive list to confirm conformity. In thiscase, rather than the disclosure of the type and amount of individual substances in the synthetic resin,the confirmation of information that can show conformance to the list is requested.
For checking against the list, it is convenient to provide the exporter with the Appended Table 1,
Table 1 Reference List and the Appended Table 1, Table 2 Reference List, both of which are posted on
the MHLW website and have the Japanese, English, and CAS for the positive list.
・During import clearance, it is necessary to prepare information and documents that can explain to thequarantine station the conformity with the positive list system.
( i) Information identifying the imported product( ii) Information confirming manufacture using raw materials conforming with the positive list
system( iii) Documents confirming the content of ( i) and ( ii)(2) Information sharing among business operators ( Article 50- 4 of the Food Sanitation Act,
Article 66- 6 of the Ordinance for Enforcement of the Food Sanitation Act)
When selling imported synthetic resin apparatuses, containers and packaging, it is now mandatory to
explain the content confirmed in ( 1) above to the customer ( business operator handling the product) .
There are no specific rules concerning the method of information sharing. However, it is required tohave documents ( specifications at contracting, quality assurance certificate at receipt, confirmation
certificate from industry group, documents verifying conformity, etc. ) that can be confirmed later byrecording and storing information at the business operator.
■ Reference information: MHLW Website,
The Positive List System for Food Utensils, Containers, and Packaging
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/kenkou̲iryou/shokuhin/kigu/index̲00003.html

21Customs Clearance Procedures
An importer of cargoes shall make an import (tax) declaration at the competent customs office
after discharging cargoes from abroad and carrying them into a bonded area. ( Note) The customs
house that received the import declaration examines documents and inspects cargoes asnecessary, confirms the payment of tariffs, and permits the import of the cargoes. A series ofthese procedures is called customs clearance. Only after going through customs clearance
procedures, cargoes are permitted to be distributed in Japan.
Required customs clearance procedures differ by import method, but in any case, an importer
is not permitted to import items that require permission or approval under other relevant laws
and ordinances, unless he/she gets confirmation from the relevant customs house by provingthat he/she has obtained the required permission or approval.
In addition, it should be noted that when false or misleading representations of origin are
directly indicated on imported goods themselves, or when indirectly indicated on the containers
or packaging of the imported goods, customs will not permit their importation in accordancewith Article 71 of the Customs Act.
■ Reference information: Japan Customs' website,
False Labeling, etc. of Country of Origin" (Japanese）
https://www.customs.go.jp/zeikan/seido/origin/index.htm( Note) A bonded area refers to a place where cargoes from abroad may be stored temporarily without paying tariffs andconsumption taxes.

Examination and confirmation under other relevant laws and ordinances
Other relevant laws and ordinances as set forth in Article 70 of the Customs Act mean laws andordinances other than those relating to customs duties that provide for permission and approval, etc.
for the import and export of goods. The Food Sanitation Act is included in other relevant laws andordinances. An importer shall present a copy of the written import notification on which a seal is affixed
to prove the notification ( certificate of notification) and undergo examinations as to whether conditions
under other relevant laws and ordinances are satisfied.
■ Reference information: Japan Customs' website,
Outline of other relevant laws and ordinances referred to by Customs
https://www.customs.go.jp/english/c‑answer̲e/imtsukan/1801̲e.htm

Tax declaration of tariffs, etc.
Taxes, such as tariffs and consumption taxes, are imposed on imported goods. It should be noted thateven in the case of duty- free goods, consumption taxes are imposed.
The person who pays tariffs is the importer of the relevant cargoes, in principle, and is ordinarily theconsignee of the invoice. In practice, a customs broker often takes customs clearance procedures by
proxy and temporarily pays tariffs, etc. for the importer, and later charges the importer said expenses
and fees integrally after delivering the cargoes.
■Where to make inquiries concerning customs clearance procedures■ Reference information：Japan Customs' website：https://www.customs.go.jp/english/

22

Hakodate Customs

TEL:＋81-138-40-4261

hkd-gyomu-sodan@customs.go.jp

Tokyo Customs

TEL:＋81-3-3529-0700

tyo-gyomu-sodankan@customs.go.jp

Narita Branch Customs

TEL:＋81-476-34-2128

Tokyo Overseas Mail
Sub-branch Customs

TEL:＋81-3-5665-3755

Yokohama Customs

TEL:＋81-45-212-6000

yok- sodan@customs.go.jp

Nagoya Customs

TEL:＋81-52-654-4100

nagoya-gyomu-sodankan@customs.go.jp

Osaka Customs

TEL:＋81-6-6576-3001

osaka- sodan@customs.go.jp

Kobe Customs

TEL:＋81-78-333-3100

kobe- sodan@customs.go.jp

Moji Customs

TEL:＋81-50-3530-8372

moji- sodankan@customs.go.jp

Nagasaki Customs

TEL:＋81-95-828-8619

nagasaki-sodan@customs.go.jp

Okinawa Regional Customs

TEL:＋81-98-863-0099

oki-9a-koho@customs.go.jp

Customs System
When importing goods, the following taxes are basically imposed:
・Tariff: Customs value (CIF price + Miscellaneous additions) ( Note) × Tariff rate
・Consumption tax: (Taxable price + Tariff) × Consumption tax rate
( Notes) ・Customs value: Standard value used to calculate the amount of customs duties
・Miscellaneous additions: Expenses relating to transport to the port of import, license fees, expenses for members
offered for free, etc.

Tariff rates
Tariff rates are determined for each item categorized under the Customs Tariff Act. Tariff rates include
the general tariff rates, temporary tariff rates ( tariff rates determined by amending the general tariff
rates depending on domestic and overseas economic conditions) , preferential tariff rates ( tariff rates
applied to goods imported from developing countries) , WTO bound rates ( tariff rates determined by theWTO) , or EPA tariff rates ( tariff rates determined among EPA member countries) . Basically, the lowest
among the tariff rates applying to said importing country is applied. However, the rules of the country oforigin must be satisfied in order to apply the preferential tariff rates and EPA tariff rates. Japan's Tariff
Schedule is available on the Website of Japan Customs.
( https://www. customs. go. jp/english/tariff/index. htm) .
If you are not sure about applicable tariff rates, you can utilize the Advance Classification Ruling
System of Japan Customs and make an inquiry about tariff classification.
Additionally, simplified tariff rates are also established for goods brought in with people entering
Japan, as well as general cargoes ( including international courier services) and international mails, forwhich the total customs value is 200, 000 yen or less, for easy calculation of tariff amounts.

Tariff classification (HS classification)
The Customs Tariff Schedules of Japan are based on an international convention commonly called the
HS Convention, which is an itemized list for systematically classifying various goods. It uses a nine- digit
code comprising a three- digit number unique to Japan and a six- digit code ( HS number, HS code) usedworldwide. The task of assigning the appropriate code to imported goods is called tariff classification or
HS classification.
Examples of item classification ( for lead stemmed glassware)
Heading

Sub- heading

Duty subdivision/
Statistics subdivision

70

7013

7013. 227013. 22- 000

Glass andglassware

Glassware of a kind used fortable, kitchen, toilet, office,indoor decoration or similar
purposes ( other than that ofheading 70. 10 or 70. 18) .

Stemware drinking glasses,
other than of glass- ceramics :Of lead crystal

Stemware drinking glasses,
other than of glass- ceramics :Of lead crystal

Chapter

Advance ruling system
The Advance Ruling System is a system under which a person can make an inquiry about the duty
classification ( duty code) , duty rate, certification of origin, customs valuation, etc. of goods prior toimportation and receive a response from customs. Under this system, inquiries are to be made inwriting and responses are to be given in writing, in principle.
When a person makes an inquiry in writing, a written response ( valid for three years) is issued. If theperson attaches the written response upon making an import declaration, its content is to be respectedin customs examinations. Inquiries may also be made orally ( by phone or at customs counters) or byemail, but the content of oral responses is merely treated as reference information and is not respected
in examinations of import declarations.
■ Inquiries: Customs counselors and customs appraiser departments, etc. of respective customs■ Reference information: Japan Customs' website, Advance Ruling System
https://www.customs.go.jp/english/advance/index.htm

23Three conditions for applying preferential duty rates (GSP duty rates and EPA duty rates)
Preferential duty rates are lower rates only applicable to products from specific countries or regions.
There are GSP duty rates and EPA duty rates.
GSP (Generalized System of Preferences) duty rates: Applied to developing countries andregions( Note) Products of least developed countries ( LDC) are almost duty- free ( special preferential tariff system) .

EPA (Economic Partnership Agreement) duty rates: Applied to EPA partner countries
For applying preferential duty rates ( GSP duty rates or EPA duty rates) , the following three conditions
must all be satisfied.
( i) Preferential duty rates ( GSP duty rates, EPA duty rates, or special preferential duty rates) have been
set for goods to be imported.
( ii) Produced goods are acknowledged as those that originated from the exporting country or region( = satisfaction of the rules of origin criteria) .
( iii) An importer proves and reports to customs that the relevant goods satisfy both the rules of origin
criteria and the consignment conditions ( = procedures for proving the place of origin)( Note) The rules of origin criteria, which provide for the criteria for acknowledging goods as those that originated from relevant
exporting countries or regions; the consignment conditions, which provide for the conditions that must be satisfied fortransporting goods to Japan; and the procedures for proving the place of origin, which provide for procedures for applying
for preferential duty rates, are collectively referred to as the “ rules of origin. ”

Three types of procedures for proving the place of origin
In order to receive the application of preferential duty rates, an importer needs to prove that therelevant goods originated from the exporting country or region. An importer should confirm the detailsof the procedures adopted for the preferential duty rates to be applied, in advance, and prepare therequired documents. However, when the total customs value is 200, 000 yen or less, and when the
goods are found to evidently originate from the relevant country or region, preferential duty rates can beapplied through simple procedures ( presentation of an invoice, purchase price receipt, etc. ) .
Third- party
certification
systemAn importer submits a certificate of origin, which
Adopted for the GSP and all
was issued at the request of an exporter by a
EPAs except for TPP11 and thecertificate issuing authority such as a chamber ofJapan- EU EPA
commerce, to customs of the importing country.

Self- certification
systemAn importer, exporter, or producer prepares astatement on origin, and an importer submits it tocustoms of the importing country. When making animport declaration, it is necessary to submit
documents to prove that the goods originated fromthe exporting country or region ( a detailed statement, written contract, price list, food production
flow chart, etc. ) .

Adopted for TPP11, the JapanEU EPA, and the JapanAustralia EPA ( also adopting thethird- party certification system)

Approved exporter
self- certification
systemAn importer submits a declaration of origin, which
was prepared by an exporter approved by thegovernment of the exporting country, to customs of
the importing country.

Adopted for the JapanSwitzerland EPA, the JapanPeru EPA, and the JapanMexico EPA ( all adopting thethird- party certification system)■ Inquiries: Place of origin examiners of respective customs■ Reference information: Japan Customs' website, Rules of Origin
https://www.customs.go.jp/roo/english/index.htm

Utilize the Advance Ruling System in writing for certiﬁcation of origin．
The Advance Ruling System, under which an importer can make an inquiry and receive a response in writing from customs, isuseful for conirming in advance whether GSP duty rates or EPA duty rates may be applicable for goods to be imported．
＜Advantage of the Advance Ruling System in writing＞
・Responses in writing from customs are respected in customs examinations for three years．
・Handling of places of origin and applicability of preferential duty rates can be conirmed in advance, which is helpful for costcalculation, etc．
・Certiication of origin is conducted smoothly in customs examinations and goods can be accepted earlier．

24

Other Laws that Need to be Noted
When importing apparatuses for food, attention also needs to be paid to articles infringing
intellectual property right (infringing products, etc. ).
Depending on the prefecture, it is required to notify the public health center with jurisdiction
over the location of the main office when importing food, additives, apparatuses, containers andpackaging as stipulated in the Food Sanitation Act (ex. : Shiga and Ibaraki prefectures).
Sale of some items may be subject to regulations concerning labeling or conformity to technicalstandards, etc. based on domestic laws. Furthermore, when selling goods by mail order sales orInternet sales, the Act on Specified Commercial Transactions must be observed.
Also with regard to containers and packaging of goods, indication of a reference mark isnecessary for some materials under the Act on the Promotion of Effective Utilization of
Resources.

．Import restriction for articles infringing intellectual property rights
The Customs Act specifies, as cargoes that must not be imported, articles infringing any of the patentright, utility model right, design right, trademark right or copyright, and articles involved in any act of
unfair competition prescribed in Article 2, paragraph ( 1) ( i) 〜( iii) of the Unfair Competition Prevention
Act ( act of creating confusion with another person's goods or business, act of illegally using anotherperson's famous indication and act of imitating the configuration of another person's goods) .
These articles infringing intellectual property rights include goods to which a registered trademark,etc. is attached without obtaining a license from the intellectual property right holder, goods illegally
copying brand- name products, and fake character goods. These are generally called infringing products
against authentic products. It is prohibited to import any infringing products and importers may bepunished according to the circumstances.
Intellectual property to be noted when dealing with apparatuses for food
When importing and selling tableware, pots or pans, and cooking utensils, etc. , it is necessary tocheck any risks of infringing intellectual property rights multilaterally, such as whether the name has notbeen registered as a trademark, whether the design has not been registered as a new design, or whether
the function has not been registered as a utility model already in Japan.
First, it is necessary to check whether the relevant goods contain any intellectual property rights thatare protected in Japan. If the goods contain any intellectual property rights protected in Japan, import ofsaid goods without obtaining a license from the right holder falls under the category of parallel import.
Then, the importer should check the requirements for parallel import that does not infringe the right foreach of the relevant intellectual property rights and consider whether the goods he/she intends toimport satisfy those requirements. Even if import of said goods does not fall under the category ofparallel import, attention needs to be paid to the possibility of falling under an act of unfair competition
under the Unfair Competition Prevention Act.
If a person imports and sells any goods infringing intellectual property rights, he/she may be subject
to a demand for an injunction against import and domestic sale of the goods and be held liable forcompensation of damages to the right holder. Furthermore, if criminality is found, he/she may face acriminal charge.
◎BrandWhen said goods are under parallel import brand, it is necessary not only to ensure that goods to beimported are authentic products but also to pay attention to whether their quality and trademark rightholder are identical to those of goods already being distributed in Japan. In addition, when the said
brand name, etc. is identical or similar in scope to the registered trademark of another company inJapan, it is not possible in principle to use that foreign brand in Japan.
◎Design and configuration
Design rights may have been established for some cups or other tableware, pots or pans, andcooking utensils.
If a person sells goods that completely imitate the configuration of certain goods already being
sold in Japan, he/she may be subject to a demand for an injunction filed by a prior seller in Japan
alleging that such sale falls under the act of imitating the configuration of another personʼs goods
as prescribed in the Unfair Competition Prevention Act.

25

．Labeling under the Household Goods Quality Labeling Act
The Household Goods Quality Labeling Act designates household goods that require quality labelingand specifies matters to be indicated for each item and matters to be complied with when labeling, withthe aim of ensuring that proper information on the quality, etc. of goods is provided to consumers.
When a person sells designated items to consumers, he/she must affix prescribed labeling even if they
are imported items.
Specific labeling for apparatuses for food and related products is provided in the Quality Labeling
Regulations for Plastic Goods, the Quality Labeling Regulations for Miscellaneous Manufactured Goods
and the Quality Labeling Regulations for Electrical Appliances and Apparatuses.
Labeling should be affixed by a business operator that has a service office in Japan ( any of theimporter, seller or labeling contractor ( Note) ) .
( Note) A labeling contractor refers to a person who has been commissioned by a manufacturer ( importer) or a seller.

Items requiring quality labeling(extracted those relating to apparatuses for food)
The following apparatuses and related products are designated as items requiring quality labeling.
Goods for professional use or goods not for sale are excluded, but quality labeling is necessary for goods
that may be sold to general consumers.
Plastic goods
Baskets; trays; water flasks; apparatuses for meals, table apparatuses and kitchen
apparatuses (refuse containers and other bins; dishpans; water flasks for refrigerators;
sealed containers for drinks and containers using refrigerant, etc.; containers for whichindication of capacity is not required, such as dishes, bowls, glasses, sealed containers
for food, lunch boxes, colanders, chopstick stands, bread cases; cutting boards; icemaking apparatuses; apparatuses for meals); polyethylene film bags or polypropylene film
bags
Miscellaneous manufactured goods
Thermos bottles; apparatuses for meals, table apparatuses and kitchen apparatusescoated with lacquer or cashew nut resin paint (made of wood or synthetic resin);
apparatuses for meals, table apparatuses and kitchen apparatuses made of reinforced
glass; apparatuses for meals, table apparatuses and kitchen apparatuses made ofborosilicate glass or glass ceramics; aluminum foil (for meals, or for table or kitchen); baby
bottles; pots; kettles; water purifiers; apparatuses for meals, table apparatuses andkitchen apparatuses made of synthetic rubber (including silicone rubber)Electrical appliances and apparatuses
Vacuum bottle rice cookers; refrigerators; electric juicers, blenders and juicer‑mixers;
electric pots; roasters; microwave ovens; hot plates; coffee makers

Matters to be indicated and labeling methods
Please refer to the website of the Consumer Affairs Agency for the matters to be indicated and labelingmethods for each item.
Sizes of labeling or characters to be used are not specified, but labeling should be affixed in a place
easily viewable for consumers. The content should be indicated in Japanese.
■Inquiries:
Representation Division, Consumer Affairs Agency: TEL: +81‑3‑3507‑8800
Product Safety Division, Industrial and Product Safety Policy Group, METI：＋81‑3‑3501‑4707■Reference information: Website of the Consumer Affairs Agency,
Brochure of Household Goods Quality Labeling Act
https://www.caa.go.jp/policies/policy/representation/household̲goods/pamphlet/pdf/pamphlet̲03̲0001.pdf

26

(Examples of labeling)
Synthetic rubber apparatus: kitchen containers, etc.
（When not altered by terpenes or fats,
designed to be cold resistant for freezers, anddoes not use refrigerants）

Pot
表面加工
材料の種類

内面

ふっ素樹脂塗膜加工

外面（底面を除く）焼付け塗装

本体

アルミニウム合金

はり底

ステンレス鋼（クロム18％）
（底の厚さ

寸法

23cm

満水容量

2.0L

2.3mm（はリ底を含む))

取扱い上の注意
・空だきをしない旨
・使用後はよく洗って乾燥させる旨
・取っ手又は握りの部分が熱くなる場合がある旨
・縁まで水等を満たした状態で使用しない旨
・スチールたわし、磨き粉等を使用しない旨
・こげつき等を落とす際は金属製の固いものを使用しない旨
・酸性又はアルカリ性のものの使用は避ける旨
・天ぷら等の料理に際しては、油温を200℃以上に上昇させない旨
・急激な衝撃を与えたり、空だきをした場合に水等をかけて急冷しない旨
・ストーブの上で使用しない旨○○××株式会社
東京都千代田区○○町××番地
TEL

O3−9999−9999．Act against Unjustifiable Premiums and Misleading Representations
The Act against Unjustifiable Premiums and Misleading Representations prohibits misleading
representations and provision of excessive premiums by business operators so that consumers canproperly select goods and services.
There have been many cases of misleading food representation, etc. since 2013, and this has shaken
the safety and confidence of consumers. In response, the Act against Unjustifiable Premiums andMisleading Representations was amended to stipulate the necessary measures to be taken by business
operators, to grant prefectural governors the authority to order measures, etc. , and to delegate
investigation authority to the minister in charge of the business, all of which strengthens theadministrative monitoring and guidance system. Furthermore, business operators should note the risksof violating the Premiums and Representations Act, due to the increased penalties with the introductionof the surcharge system in the Act against Unjustifiable Premiums and Misleading Representation.
Are there reasonable grounds for the labeling?−Regulations on undemonstrated advertisements
When a misrepresentation concerning quality is suspected with regard to the effects and eficacy of goods, the Consumer
Affairs Agency may request the relevant business entity to submit materials showing reasonable grounds for the labeling．
When the business entity fails to submit requested documents by the deadline or when the submitted documents fail toshow reasonable grounds for the labeling, said labeling is considered to be a misrepresentation．
○Deadline for the submission of documents
By the elapse of 15 days from the day on which the Secretary General of the Consumer Affairs Agency issued a letter torequest the submission of documents（excluding cases where justiiable grounds are found (judgment is made on a case-by-case basis, but a need to conduct new
or additional testing or surveys is not accepted as a justiiable ground））○Criteria for reasonable grounds-need to satisfy both of the following requirements
1. Submitted documents show objectively demonstrated facts．
（content of documents may be either the results of testing or surveys, or the opinions or academic documents of an expert,
expert body, or specialized organization）
2. Effects and eficacy in the labeling appropriately correspond to demonstrated facts．

27

Outline of the Act against Unjustifiable Premiums and Misleading Representations
Purpose: Protecting the interests of general consumers

Prohibition of unjust inducement of customers
Prohibition of misleading representations

Prohibition of provision of excessive premiums

What are Representations? : An advertisement or any other representations that abusiness operator makes with respect to thesubstance of goods or services, or the trade
terms
Examples: Flyers, brochures, instructions,containers (labels), posters, signboards,
advertisements in newspapers or magazines, Internet advertisements andemails, TV commercials, direct mails

What are Premiums? : Any article, money, orother source of economic gain given toanother party, in connection with a transaction involving goods or services●Prohibition of misrepresentation concerning
quality
Misleading representations of the quality,
standard or any other particulars relating to
the content of goods or services（1）Any representation where the content is
portrayed to general consumers as being
signiﬁcantly superior to the actual
content(2)Any representation where the content is
portrayed to general consumers as being,
contrary to fact, signiﬁcantly superior tothose of competing business operators●Restrictions on the provision of premiums
in general giveaways (maximum amountand total value）
Restricts the provision of premiums to theusers of goods and services based on
chance in lotteries, etc., or superior
capabilities in speciﬁc acts, etc．
●Restrictions on the provision of premiumsin joint giveaways (maximum amount andtotal value）
Restricts giveaways conducted jointly
among industry competitors within a
shopping district or a certain area
●Restrictions on the provision of premiums
accompanying products (maximum amount）
Restricts premiums provided to all productpurchasers and store visitors●Prohibition of misrepresentation concerningtransaction conditions
Misleading representations on price or any
other trade terms of goods or services(1)Any representation by which trade terms
could be misunderstood by general
consumers to be signiﬁcantly moreadvantageous to the other party in atransaction than the actual goods orservice(2)Any representation by which trade terms
could be misunderstood by general
consumers to be signiﬁcantly moreadvantageous to the other party in atransaction than those of competingbusiness operators●Any representation by which any particulars
relating to transactions of goods orservices is likely to be misunderstood bygeneral consumers and which is designated by the Prime Minister
Misleading representations concerningplace of origin, etc．
（Source) Website of the Consumer Aﬀairs Agency

Labeling of country of origin
The Act against Unjustifiable Premiums and Misleading Representations prohibits misleading
representations concerning the country of origin of goods. The term “ country of origin” means a country
where an act resulting in a substantial change in the content of the goods( Note) was performed.
Regarding goods made in foreign countries, the following representations that make it difficult for
consumers to understand that the goods were actually produced in the country of origin are considered
to be misleading representations:( i) Name of a country or a place, or a national flag, etc. irrelevant to the country of origin( ii) Name of a business entity or a designer or trademark of a country other than the country of origin( iii) The entirety or the major part of the character representation is in the Japanese language( Note) An act resulting in a substantial change does not include such acts as affixing a label or other indication to goods, packing
goods in a container or wrapping goods, simply assorting or mixing multiple goods, or assembling simple parts.

28

Representations in internet sales
For representations in Internet sales to consumers, it is necessary that important information
concerning product content and the terms and conditions of transactions be provided appropriately to
consumers, as lack of such can easily lead to misunderstanding by consumers when selecting products
and making orders, resulting in increased damage to consumers.
Please refer to “ Problems and Matters to Note with Regard to Representations in
Business- to- Consumer E- Commerce under the Act against Unjustifiable Premiums and Misleading
Representations” ( March 2003) and “ Problems and Matters to Note with Regard to Online Consumer
Transactions under the Act against Unjustifiable Premiums and Misleading Representations” ( October2011) published by the Consumer Affairs Agency.
■ Reference information: Website of the Consumer Affairs Agency,
Problems and Matters to Note with Regard to Representations in Business‑to‑Consumer
E‑Commerce under the Act against Unjustifiable Premiums and Misleading Representations"(Japanese)
https://www.caa.go.jp/policies/policy/representation/fair̲labeling/guideline/pdf/100121premiums̲38.pdf

Obligation of business operators to introduce representation management systems,
etc.
In December 2014, the Act against Unjustifiable Premiums and Misleading Representations wasamended to strengthen the compliance of business operators, and required business operators toestablish a system to properly manage representations, etc. and take other necessary measures ( Article7) . Failure to take necessary measures may result in guidance, advice, recommendations, or publicannouncements.
The Cabinet Office issued the “ Guidelines on Measures on Provision of Premiums and Representationthat Business Operators Must Take” ( Cabinet Notice Ordinance No. 276) in November 2014, andbusiness operators that provide representations for consumers are required to take necessary measuresin line with these guidelines depending on their size, business type, and handled product content.
Please refer to the specific examples of measures shown in the attachment.
■Inquiries: Advance consultation by business operators regarding the Act against Unjustifiable
Premiums and Misleading Representations
Advisory Unit, Representation Division, Consumer Affairs Agency TEL：+81‑3‑3507‑8800 (main)
Prefectural division in charge of the Act against Unjustifiable Premiums and Misleading
Representations■Reference information: Website of the Consumer Affairs Agency,
Establishing Trusted Representation
https://www.caa.go.jp/en/policy/representation/

Violations of the Act against Unjustiﬁable Premiums and Misleading Representations will
result in cease-and-desist orders and surcharge payment orders
When there is a suspected violation of the Act against Unjustiiable Premiums and Misleading Representations, theConsumer Affairs Agency or the prefectural government will investigate by collecting relevant documents and questioning thebusiness operator. As a result of the investigation, if the business operator is found to be in violation, after being given an
opportunity to justify themselves, a cease-and-desist order will be issued, ordering the business operator to inform thegeneral public of the violation, to take measures to prevent recurrence, and not to repeat the violation in the future. In
addition, after giving the business operator an opportunity to justify themselves, a surcharge payment order imposing amonetary sanction will be issued to business operators who have committed violations that are subject to a surcharge．
Recent cases when a cease-and-desist order was issued for food apparatuses include “misrepresentation regarding thenumber of pot-type water puriier cartridges”（2018），“misrepresentation regarding the surface treatment processing offrying pans" (2016), and “misrepresentation regarding the fermentation treatment effect of pickle containers”（2013）．
Even when no violation is found, administrative guidance will be given for a potential violation. Therefore, it should be
noted whether product advertising and labeling in general are not misleading representations．

29

．Electrical Appliances and Materials Safety Act− When Selling Electrical Appliances and Materials −With the aim of preventing hazards and damages resulting from electrical
PSE Mark
appliances and materials, the Electrical Appliances and Materials Safety Act (other than specified
designates 457 items and regulates import and sale thereof. Most products used electrical appliancesand materials)
in general households, etc. with a 100V or 200V AC power supply fall underelectrical appliances and materials.
An import business operator of electrical appliances and materials must make a
notification of his/her business in accordance with the classification of theelectrical appliances and materials as specified by the Ordinance of the Ministryof Economy, Trade and Industry, within 30 days from the day on which he/shecommenced the business, to the Minister of Economy, Trade and Industry or the Director of thecompetent Regional Bureau of Economy, Trade and Industry. Notification should be made forclassification by product type( Note) of the electrical appliances and materials to be imported. The
business operator is also obliged to ensure that the relevant electrical appliances and materials comply
with the technical standards, conduct self- inspections, compile and preserve the results thereof, andaffix the PSE Mark or other prescribed labeling to the relevant electrical appliances and materials.
Furthermore, with regard to specified electrical appliances and materials ( electrical appliances andmaterials that are particularly likely to cause hazards) , it is necessary to undergo conformity assessment
by a registered conformity assessment body and retain the certificate.
It is not permitted to sell or display, for the purpose of marketing, any items falling under the
category of electrical appliances and materials without affixing the PSE Mark or other prescribed labelingthereto.
( Note) Classification by product type refers to each of the combinations of elements ( characteristics) of items listed by category ofelectrical appliances and materials, and is specified in Appended Table 2 of Article 4 of the Ordinance for Enforcement of
the Electrical Appliances and Materials Safety Act.

＜ Examples of applicable items ＞
Refrigerators, electric blenders, electric pots, microwave ovens, coffee makers, etc.
*Battery‑operated appliances are not included.
Bodies of the equipment charged with detachable AC adapters are not included.

■ Inquiries: Regional Bureau of Economy, Trade and Industry with jurisdiction over the businessoffice of the importer

Product Safety Division, Ministry of Economy, Trade and Industry

TEL:＋81-3-3501-4707

Product Safety Oﬃce, Hokkaido Bureau of Economy, Trade and Industry TEL:＋81-11-709-1792
Product Safety Oﬃce, Tohoku Bureau of Economy, Trade and Industry

TEL:＋81-22-221-4918

Product Safety Oﬃce, Kanto Bureau of Economy, Trade and Industry

TEL:＋81-48-600-0409

Product Safety Oﬃce, Chubu Bureau of Economy, Trade and Industry

TEL:＋81-52-951-0576

Product Safety Oﬃce, Kinki Bureau of Economy, Trade and Industry

TEL:＋81-6-6966-6098

Product Safety Oﬃce, Chugoku Bureau of Economy, Trade and Industry TEL:＋81-82-224-5671
Product Safety Oﬃce, Shikoku Bureau of Economy, Trade and Industry

TEL:＋81-87-811-8526

Product Safety Oﬃce, Kyushu Bureau of Economy, Trade and Industry

TEL:＋81-92-482-5523

Commerce and Trade Division, Okinawa General Bureau

TEL:＋81-98-866-1731■ Reference information: METI Website,

Electrical Appliance and Material Safety Act

https://www.meti.go.jp/english/policy/economy/consumer/pse/index.html

30

．Consumer Product Safety Act
The Consumer Product Safety Act aims to ensure the safety of products that are used by general
consumers for their routine everyday activities but for which safety regulations are not specificallyestablished under other laws and regulations ( consumer products) .
Regulations for specified products
PSC Mark
Products that are deemed as being highly likely to cause danger particularly(specified products)
to the lives or bodies of general consumers are designated as “ specified
products” and regulations are established with regard to their safety. Out ofapparatuses for food, pressure cookers and pressure pans for domestic use aredesignated as specified products.
Prior to the commencement of business, a business operator who imports
specified products must make a notification of his/her business to the Ministerof Economy, Trade and Industry or the Director of the competent Regional Bureau of Economy, Tradeand Industry. ( Note) The business operator is also obliged to ensure that the relevant specified products
conform to the technical requirements, conduct self- inspections, compile and preserve the results
thereof, and affix the PSC Mark or other prescribed labeling to the relevant specified products.
It is not permitted to sell or display, for the purpose of marketing, any items falling under the
category of specified products without affixing the PSC Mark or other prescribed labeling thereto.
( Note) Upon making a notification, a business operator is required to become insured under a liability insurance policy.

■Inquiries:
Product Safety Division, Industrial and Product Safety Policy Group, METITEL: +81‑3‑3501‑4707

System for report and publication of product accident information
The Consumer Product Safety Act obliges business operators who import consumer products( Note) toreport any serious product accident to the Consumer Affairs Agency within 10 days from the day on
which they become aware of the occurrence of the accident.
The scope of the accidents to be reported covers death, a serious wound or disease ( requiring
treatment for 30 days or longer) , residual disability, carbon monoxide poisoning, and fire ( confirmedby the fire department) . Accidents other than those apparently not caused by a defect in the consumer
products are considered to be product accidents. In other words, even an accident that seems to havebeen caused by improper use by a consumer falls under the category of product accidents, as long as
there are any factors that induce such improper use ( inadequate precautions, etc. ) , and the relevantbusiness operator needs to report the accident.
The details of the reported accidents are immediately publicized to general consumers. Additionally,
import business operators must examine the causes of the accidents and endeavor to take proper
measures such as voluntary recall of the relevant products, as necessary, to prevent the recurrence ofsimilar accidents.
( Note) Products for professional use may also be included in consumer products if general consumers can purchase them easily at
do- it- yourself stores or other stores for the purpose of using them at home.

31

With regard to product accidents other than serious ones, the National Institute of Technology and
Evaluation ( NITE) collects information under its Accident Information Collection System.
■ Reference information: Website of the Consumer Affairs Agency,
https://www.caa.go.jp/en/policy/consumer̲safety/

Consumer safety

SG Mark
SGMarkThe Consumer Product Safety Association has established the SG Standards necessary for ensuring
the safety of some consumer products that may cause risks depending on their structure or materials,
and permits business operators to afix the SG Mark to products that are certiied to conform to the SG
Standards. This is a voluntary system but household pressure pots and pressure cooking pots, metal
pots, saucepans made of aluminum plate, cookware for IH heaters, cooking oil ilters, ice crushers andcan openers are designated as applicable kitchen utensils under this system, providing a good indication for consumers
and distributors for selecting goods.
With bodily injury liability coverage up to 100 million yen, the SG Mark guarantees compensation in the event of an
accident causing injury or death involving a product with the Mark, based on a neutral and fair judgment by theConsumer Product Safety Association.
■Inquiries: Consumer Product Safety Association: TEL: +81‑3‑5808‑3302
https://www.sg-mark.org/． Act on Specified Commercial Transactions− When Conducting Mail Order Sales, Internet Sales, Door‑to‑Door Sales, etc.−
Sale of goods to general consumers by mail order sales, Internet sales, door- to- door sales, etc. issubject to regulations under the Act on Specified Commercial Transactions. Said Act specifies regulations
for seven types of transactions, such as mail order sales, door- to- door sales and telemarketing sales,with the aim of preventing illegal and malicious solicitation by business operators and protecting theinterests of consumers.
Said Act requires business operators who conduct mail order sales or Internet sales to indicate mattersnecessary for advertisement ( name, address and telephone number of the business operator, selling
price and shipment charge, method and time to pay charges, existence or non- existence of a productreturn clause, etc. ) , and prohibits misleading advertising and an act of causing a customer to make anapplication for a contract against his/her will. Any individuals, not limited to business operators, who
conduct Internet sales and auctions are also subject to regulations under certain conditions. Cases wheresellers in foreign countries sell goods online to people residing in Japan are also regulated under the Act
on Specified Commercial Transactions.
■ Reference information: Website of the Consumer Affairs Agency,
Act on Specified Commercial Transactions Guide
https://www.no‑trouble.caa.go.jp/foreignlanguage/32

．Acts Relating to Recycling
Labeling for distinguishing the materials for containers and packaging
The Act on the Promotion of Effective Utilization of Resources requires(Examples)business operators to affix a reference mark for sorted collection tocontainers and packaging made of paper or plastic. Imported goods are no
exception, and where a business operator who imports and sells goods
indicates any of the materials or structure of containers or packaging or theuse of a trademark, a reference mark needs to be affixed in the same manneras in the case of domestic products. Even in the case where there is no such indication, if any indicationsin Japanese are printed, labeled or stamped on the surface of the container or packaging, a referencemark must be affixed.
■ Reference information: METI Website,
Identification is Requested by Law on Plastics Containers and Packaging, and on Paper
Containers and Packaging
https://www.meti.go.jp/policy/recycle/main/english/pamphlets/pdf/mark̲Indication̲e.pdf
Obligation to recycle goods under the Act on the Promotion of Sorted Collection and Recycling ofContainers and Packaging
Under the Act on the Promotion of Sorted Collection and Recycling of Containers and Packaging,business operators who import and sell goods that use glass containers or containers or
packaging made of paper or plastic are obliged to recycle used containers and packaging.
However, small business operators defined in the Small and Medium‑sized Enterprise Basic Act
whose sales amount is below a certain level are exempted from the obligation to recycle goods.
■ Reference information: METI Website, 3R Policies
https://www.meti.go.jp/english/policy/energy̲environment/3r/index.html

33

［Notes when using this guidebook ］○ The contents were prepared in January 2021. Please note that there may be subsequent
amendments.
○ This guidebook is a revision of the Guide to Import of Apparatuses for Food 2014
published in October 2014.
○ Main revisions
・Amendment of standards and criteria in accordance with the Revision of the Food
Sanitation Act ( p. 13)
・Introduction of positive list system for apparatuses made of synthetic resin, andmandated information sharing among business operators. ( p. 20- 21)
・Addition of three methods of self- inspection ( p. 10- 11)・Addition of HS classification ( p. 23)
・Addition of three conditions for applying preferential tariff rates ( general preferential
and EPA) and three types of country of origin procedures ( p. 24) .
This guide was created with the support of a FY2021 Promotion Project Expenditure Grant from theFoundation for International Trade and Industrial Co- operation.

35

Guide to Import ofApparatuses for Food
2021

SALT

Issued by

Manufactured Imports and Investment Promotion Organization (MIPRO)
6th ﬂoor, World Import Mart Bldg.
3-1-3, Higashi-Ikebukuro, Toshima-ku, Tokyo 170-8630, Japan
TEL: +81-3-3971-6571
URL https://www.mipro.or.jp

March 2022
Unauthorized copying of the contents of this guidebook is strictly prohibited.

<Notes>・The translations of the Japanese laws, regulations, announces, notices and guidelines provided in this booklet are not for oﬃcial use. Only the original Japanese texts of laws andregulations have legal eﬀect in Japan. The translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations.
・Although MIPRO has made every eﬀort to provide as accurate information as possible in this booklet based on the latest information available at the time of preparation, MIPRO shallnot be held responsible for the accuracy, reliability or currency of the legislative materials provided in this booklet, or for any consequence resulting from use of the information in thisbooklet. For all purposes of interpreting and applying law to any legal issue or dispute, readers should consult the original Japanese texts published in the Oﬃcial Gazette.

一般財団法人 対日貿易投資交流促進協会
（ミプロ）

SUGAR