【Annex 4】Operation (Informative)
1.

Checking methods (written nonuse declaration and prescribed test methods)■ The guidelines are applied to those azo colorants (dyes and pigments) that could
generate 24 substances of specific aromatic amines when a test is conducted by theprescribed methods.
“Specific aromatic amines” are not used as dyes but it is known that “specific aromaticamines” are generated as reduction products when some kinds of dyes or pigments areused.
Following the addition of azo dyes to the substances that are subject to the “Act onControl of Household Products Containing Harmful Substances, Act No. 112 of 1973”
from April 1, 2016, two types of xylidines are newly added to the 22 types of specificaromatic amines for a total of 24 types in accordance with laws and regulations.
■ Unless those azo colorants (dyes and pigments) that are known to reduce and generate“specific aromatic amines” are used, such amines are never reduced and generated
from the colorants. Precisely, however, there is still a possibility that such amines
could be reduced and generated from unknown dyes or pigments. Therefore, incooperation with manufacturers of dyes and pigments, we have made it obligatory tostrictly check that individual dyes and pigments do not generate any of 24 types of“specific aromatic amines” that exceed the reference value.
If such information is (determined to be) correct, we have adopted a system under theguidelines to issue a “written nonuse declaration” by using only those dyes andpigments that are known not to reduce and generate any of the 24 types of specificaromatic amines in excess of the reference value in case that those dyes and pigmentswith no possibility of reducing and generating such amines or in case that dyes andpigments are used at a prescribed amount in the prescribed manner.
Even in case that dyes and pigments are used at a prescribed amount in the prescribedmanner and any of the 24 types of specific aromatic amines is generated within thereference value, it is allowed to issue a “written nonuse declaration,” because it is not a“written declaration of no generation” or it is recommended to state in an “assaycertificate” that such amines are not detected even in case that such amines aredetected by the prescribed analysis method in an amount less than the reference valuesof ISO and JIS standards.
■ It is intended to make it possible to certify the safety of each raw material until it isdelivered to the hand of end users by requiring all companies in the supply chain of
textile products to put a “written nonuse declaration” to their raw materials. In thismechanism, all of the companies involved become the parties who issue a “writtennonuse declaration” for their products to assume responsibility for appropriate

1management in their supply chains and to bear their fair share of loads through sincere
confirmation of the supporting information as a good manager. Thus, the safety oftextile products can be pursued by their cooperation.
■ EN 14362-1 & 3:2012 or their governing standards, which are the EU test standards,
are adopted in the laws and regulations and standards that already exist in othercountries as the test methods to find whether the applicable substances are detectedfrom dyed products or not. EN standards are standardized as ISO 24362-1 & 3:2014
and as JIS L1940-1 & 3:2014 in Japan.
As the test methods specified in the ordinance of the competent authority of “Act onControl of Household Products Containing Harmful Substances, Act No. 112 of 1973”
which will be enforced in 2016 are required to have the same contents as those of JIS L
1940-1 & 3:2014, it was decided to adopt these three standards in the guidelines (themethods that are proposed by the Ministry of Health, Labour and Welfare).
In JIS L 1940-1 & 3:2014, for reference, it is stated that even though the applicableamines in ISO standards as corresponding standards and in EN standards are 22 typesof specific aromatic amines, the 24 types of specific aromatics amines, including twotypes of xylidines, can be detected and quantified.
■ As analysis standards, particularly ISO and JIS standards, are periodically reviewed
and updated and it is recommended to use their latest versions, the standards adopted
in the guidelines will also be reviewed whenever they are updated.
2.

Measures for compliance with the guidelines■ The guidelines have unique characteristics that make it possible to use a “writtennonuse declaration” at a dyehouse without attaching any “assay certificate” after
conducting the test and analysis. With proper measures are taken for products, either
an “assay certificate” or “written nonuse declaration” can endorse the effectiveness toguarantee certification.
■ Efforts should be made by each of the companies to create a foundation for safety
improvement by checking the conformity with the guidelines with a “written nonusedeclaration” or “assay certificate” of applicable substances in each stage of supply
chain.
(1) Methods to enable guarantee (methods of certification)① Nonuse declaration by each dyehouse● The use of azo colorants that could generate any of the 24 substances of specific2aromatic amines is limited to dyeing processes. Therefore, dyeing companies should
select on their own the method of either (a) nonuse declaration of each dyehouse, or(b) analysis by the prescribed test methods to prove their compliance with theguidelines. If fabric companies, apparel companies and retailers cannot obtain (a) a“written nonuse declaration” of each dyehouse, or (b) a certificate of compliance withthe guidelines based on an “assay certificate” of analysis by the prescribed test
methods from dyehouses, such midstream or downstream companies need to conduct
on their own the analysis by the prescribed test methods concerning applicable textile
products.
● Specifically, dyeing companies are required to promote satisfaction of the applicablerequirements for dyes held in their dyehouses (elimination of dyes and pigments thatcould generate the applicable substances) by “obtaining necessary information fromdye and pigment manufacturers.”
For dyeing of individual raw materials, certification in lot unit is required. But, there
are various problems in recording and storing individual dyes on-site. Therefore, as
the intended purpose is achieved if it is guaranteed that the substances subject to thenonuse requirements are not used for dyeing, we decided to use a “written nonuse
declaration” of “each dyehouse” under the guidelines.
② Reliable management of raw materials by all companies involved and issuance of“written nonuse declaration” on their own● The guidelines of JTF are designed to select appropriate dyes and pigments in dyeing
processes and promote nonuse of inappropriate dyes and pigments. However, theguidelines are not aimed at having only dyeing companies share the loads of newoperations. They are aimed at making it possible for all companies in the supply
chain of textile products to certify the safety of each raw material until it is delivered tothe hand of end users, and having all of the companies involved become the parties
who share responsibility and bear their fair share of loads as a good manager throughsincere confirmation of the supporting information, and making it possible to pursue
the safety of textile products by their cooperation.
● Also, the guidelines do not have any penalty rules. But, the “Act on Control ofHousehold Products Containing Harmful Substances” has the penalty of imprisonment
for a term not exceeding one year or a fine of 300,000 yen or less. If any problem
arises, such problem should be settled in individual trades and should be left for“selection through market competition” with the increased number of companies that
fulfill their duties with sincerity.
● Specifically, all of the companies involved are required to select those dyeing
companies that have declared nonuse of harmful substances in such processes asdyeing and printing of each raw material, and thereby it is made possible to manage

3

raw materials by tying each raw material with the information about by which dyeing
company the raw material was processed. Also, under the mechanism, thosecompanies that do not directly place an order for dyeing services can guarantee theircompliance with the guidelines through the upstream supply chain by receiving theinformation on every raw material for purchase and sale from such dyeing company
whose compliance with the guidelines is certified, storing the information in-house,and providing the information when the raw material is sold.
● In the following cases, dyes, pigments and textile products need to be analyzed by theprescribed test methods:(i) In case that the information about conformity (no possibility of generation in excess of
the reference values in case that any of the 24 types of specific aromatic amines areprocessed and colored at a prescribed amount in the prescribed manner) of dyes andpigments used by dyehouses cannot be obtained from dye and pigment manufacturers,
dyeing companies need to certify their conformity with the guidelines through analysis
by conducting the prescribed test methods on their own.
(ii) If fabric companies, apparel companies and retailers cannot obtain a “written nonuse
declaration” or “assay certificate” that is based on proper management and thatcertifies their conformity with the guidelines from suppliers when they purchase any
raw materials or products, such fabric companies, apparel companies and retailers needto certify their conformity with the guidelines by making the prescribed analysis on
their own.
(2) Measures to guarantee nonuse declaration■ The effectiveness of a “written nonuse declaration” or “assay certificate” can beguaranteed by tying it to respective dyed raw materials. In order to ensure theguarantee, the following ideas and documents should be introduced and utilized:① “Trade contract”● This serves as the evidence that those who place orders and those who receive orders
agreed in advance on their roles and arrangements to be made in case of breach ofcontract.
● The details of measures to guarantee safety, in which a “nonuse declaration” system or“assay certificate” system is incorporated, are checked in advance by the both partiesof the trade contract with making use of the contract assets that already exist or JTF’s“Quality Guidelines for Imported Textile Products.”● It is strongly recommended that such agreement should be made in advance because as4

long as the both parties adopt the “Safety Guidelines,” the trade contract is theevidence that the both parties agreed to “fulfill their duties of a good manager” tosincerely observe the Safety Guidelines.
② “Procurement standard statement”● In case that the guidelines are adopted, it is absolutely necessary to clearly state thecontents of the guidelines in the requirements of those who place orders as agreed in a
“trade contract” and establish them as the purchase and procurement standards for
those who place orders. Such requirements may be presented at each trade whenorders are placed. But, it is also possible to submit a document (“procurementstandard statement”) that makes such requirements effective until it is informed thatthose who place orders have changed or revised their procurement standards.
● This “procurement standard statement” makes a pair of a “written nonuse declaration”
or “assay certificate,” which is presented by those who receive orders to those whoplace orders. The standard statement describes (a) the applicable substancesprescribed in the “guidelines” (azo colorants that generate any of the 24 types of
specific aromatic amines), and (b) the requests to those who receive orders to make thecertificate effective. Particularly, item (b) need to be clearly presented in advancebecause it is required for those who receive orders to share the relevant information
about a “written nonuse declaration.”③ “Written nonuse declaration” or “assay certificate” on applicable substances● These documents declare nonuse of the applicable substances at each dyehouse ofdyeing companies.
● The grounds for nonuse at dyeing companies serve as the information about nogeneration of any of the 24 substances of specific aromatic amines from the relevant
dye or pigment manufacturers.
● The documents declare nonuse of dyes or pigments for each raw material and make apair of clear statement (presentation) of the “procurement standard statement” in ②above.
● Intermediary companies are allowed to issue a “written nonuse declaration” as thegrounds for the appropriateness of processes through their supply chains even in casethat such intermediary companies do not directly place orders with and check
dyehouses on their own. Provided that, however, appropriate checking by suppliers(those who receive orders) and checking and acceptance by customers (those whoplace orders with intermediary companies) are required in this case.

5● The documents declare nonuse of each raw material. In case that they include“written nonuse declarations” of multiple raw materials, such “written nonusedeclarations” can be used instead of individual “written nonuse declaration.”④ “Sharing of information between both parties of contract”● The acceptance of a “written nonuse declaration” on raw materials from those dyeing
companies that comply with the contents (nonuse of azo colorants that generate
specific aromatic amines in excess of the reference values) of the “procurementstandard statement” mentioned in ② above is the start of chain of certificates.
● Those companies who purchase raw materials with a nonuse certificate issued by thedyeing companies are required to provide the information on nonuse to their customers
as well and share the information when they sell the raw materials, and thereby theeffectiveness of a certificate issued by them can be guaranteed. At the same time, it
should be noted that proper in-house management of ties between raw materials andcertificates by the companies concerned could be the grounds to guarantee thecertificates themselves.
● Specific contents and forms of declaration and confirmation methods could include avariety of contents and forms in consideration of actual condition. Particularly, as theconfirmation methods are indispensable to fulfill the duty of the diligence of a goodmanager as a party involved in trade, the details of confirmation methods to be adopted
need to be agreed in advance between the parties involved.

6◆ The above-mentioned contents are shown schematically below:

Note: It is supposed that the act of buying and selling is regarded as a contract and thatboth the seller and buyer fulfill the duty of a good manager with sincerity as theparties involved.
1.

“Request for safety of products” is made by officially announcing “procurement
standard statement” and others that state the contents requiring the compliance with theguidelines.
In this standard statement, it should be recommended to state the examples ofappropriate “confirmation” methods to be implemented in advance in case of
declaration, and the contents thereof should be agreed upon between the both parties inadvance.

2.

As for “information provision,” an “assay certificate” or “written nonuse declaration”
of a producer is provided with a product as the evidence of compliance with theguidelines.
“Request” and “information provision” make a pair and the information is not
automatically provided regardless of whether a “request is made or not.”7

3.

“Confirmation” is to check the conformity of the provided information and productswith the guidelines by product buyers. It means not only checking the contents ofdocuments or background operations (the genuineness of date, seals, name ofaddressors, etc.) but also sampling the products delivered to conduct confirmation tests
on them.

4.

A “standard statement” presents the standards that a buyer requires its suppliers toobserve and is issued by the buyer on its own in principle. The above-mentionedschematic also presents the preparation and issuance of “procurement standardstatement” of the buyer on its own. However, copies received from customers areallowed to be presented to suppliers in case that the contents requested by thecustomers are adopted on an as-is basis and there is no change in the contents.

5.

A “written declaration” shows the conformity of a supplier with the guidelines and isissued by the supplier on its own in principle. The above-mentioned schematic alsopresents the preparation and issuance of declaration of the supplier on its own.
Provision of a copy of a written declaration received from a supplier with its name tocustomers on an as-is basis is not allowed as it lacks “confirmation” by a product buyer.
Therefore, a written declaration issued by a supplier after checking on its own isrequired such as checking the status of product management and conducting analyticaltests as necessary.

6.

In those trades that use so-called “materials in stock” to cope with quick delivery, it isdifficult to trace the information about producers including dyehouses. Therefore, it
is expected to check an “assay certificate.” However, the responsibility for ensuring
product safety should be shared by all of the companies involved. They are required
to assume their fair share of loads as a good manager through sincere confirmation ofevidence information.

7.

In those trades where importers such as “buying-type import agents” cannot check thestatus of production overseas, a variety of specific methods such as checking ofcontents and form of declaration is expected to be implemented and a prior agreement
is required between the parties who fulfill good manager’s duty of care in trade.

8