Alcohol Business Act (Tentative translation)
Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Permission for Businesses, etc.
Section 1 Businesses Manufacturing Alcohol (Articles 3 to 15)
Section 2 Businesses Importing Alcohol (Articles 16 to 20)
Section 3 Businesses Selling Alcohol (Articles 21 to 25)
Section 4 Use of Alcohol (Articles 26 to 30)
Chapter III Transfer of Specified Alcohol (Articles 31 to 34)
Chapter IV Miscellaneous Provisions (Articles 35 to 45)
Chapter V Penal Provisions (Articles 46 to Article 53)
Supplementary Provisions
Chapter I General Provisions
(Purposes)
Article 1
The purpose of this Act is to secure the sound development of Japanese alcohol businesses and a stable and smooth supply of alcohol, thereby contributing to the sound development of the national economy, in light of the necessity of alcohol in the lives of the citizenry and industrial activities due to its widespread use in industry, and due to the characteristics it shares with liquors (meaning the liquors prescribed by Article 2, paragraph (1) of the Liquor Tax Act (Act No. 6 of 1953); the same shall apply hereafter), through giving consideration to the prevention of improper uses of alcohol in the raw materials of liquor and ensuring that the operations, etc., of businesses engaged in the manufacture, importing and sales of alcohol are done in the proper way.
(Definitions)
Article 2
(1)
The term "alcohol" as used in this Act shall mean any alcohol with an alcohol portion (meaning the volume of ethyl alcohol contained in 100 parts of the base volume at 15 degrees Celsius; the same shall apply in Article 35) of 90 or more.
(2)
The term "cultivated yeast" as used in this Act shall mean any yeast which can cause saccharated matter to ferment, and anything cultured by yeast which can cause saccharated matter to ferment, and which is used in the manufacture of alcohol.
(3)
The term "unrefined alcohol" as used in this Act shall mean any product which is to be the raw material of alcohol and which has reached the stage of fermentation (limited to that which can be used in the manufacture of alcohol), but which has not yet been distilled.
(4)
The term "specified alcohol" as used in this Act shall mean any alcohol assigned by a person who has received permission under paragraph (1) of the next Article or paragraph (1) of Article 16 at a price including the monetary amount calculated pursuant to the provision of ordinance of the Ministry of Economy, Trade and Industry (hereafter referred to as the "additional amount") as the monetary amount necessary to ensure the prevention of the improper use of alcohol in the raw materials of liquor.
Chapter II Permission for Businesses, etc.
Section 1 Businesses Manufacturing Alcohol
(Permission to Manufacture)
Article 3
(1)
Any person intending to operate a business manufacturing alcohol (including refining (meaning elimination of impurities in alcohol through distillation or any other method in order to increase the usefulness of alcohol; the same shall apply hereafter); the same shall apply hereafter except in Article 15) shall receive permission from the Minister of Economy, Trade and Industry.
(2)
Any person intending to receive the permission set forth in the previous paragraph shall submit an application form containing the matters listed below to the Minister of Economy, Trade and Industry, pursuant to the provision of ordinance of the Ministry of Economy, Trade and Industry.
(i)
The trading name, title or personal name, and address.
(ii)
The name and address of a representative in the case of a juridical person.
(iii)
In the case of a minor (excluding persons with the same management capabilities as an adult; the same shall apply hereafter), or of an adult ward, person under curatorship, or a person under assistance the name, trading name, or title and address of the statutory agent (limited to the person with representative rights in relation to businesses pertaining to the manufacture of alcohol).
(iv)
The name and address of a representative in cases where the statutory agent prescribed by the previous item is a juridical person.
(v)
The location of the principal office, and the locations of manufacturing plants and warehouses.
(vi)
The functions and structures of facilities at each manufacturing plant and warehouse.
(vii)
The planned date of commencement of operations.
(viii)
Any other matters provided for by ordinance of the Ministry of Economy, Trade and Industry.
Article 4
Persons who have not received the permission set forth in paragraph (1) of the previous Article (hereafter persons who have received permission shall be referred to as "manufacturers") shall not manufacture alcohol; provided, however, that this shall not apply in situations falling under any of the following items.
(i)
Where alcohol is being refined, when that alcohol is to be used in a process for which permission has been received by a person who has received the permission set forth in Article 26, paragraph (1) (hereafter referred to as a "person with permission".
(ii)
Where a person using specified alcohol is refining that specified alcohol during the process of usage.
(iii)
Where authorization of the Minister of Economy, Trade and Industry has been received pursuant to the provision of ordinance of the Ministry of Economy, Trade and Industry, in cases where alcohol is being manufactured for the purposes of examining alcohol manufacturing methods, or for research.
(Disqualification)
Article 5
Any person falling under any of the following items shall not receive the permission set forth in Article 3, paragraph (1).
(i)
Any person who has been punished with a fine pursuant to the provisions of this Act or the Liquor Tax Act, or who has contravened the provisions of the Liquor Tax Act and been subject to notification procedures (excluding notification procedures pertaining to monies equivalent to a petty fine) pursuant to the provisions of the National Tax Law Violation Control Act (Act No. 67 of 1900), and for whom three years have not passed since the end of the execution of that punishment, or since the date on which its execution ceased to apply, or since the date on which notification was performed.
(ii)
Any person who has had permission revoked pursuant to the provisions of Article 12, item (i), item (ii), item (iv) or item (v) (including cases where those provisions are applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30), or who has had their license revoked pursuant to the provisions of Article 12, item (i) or item (ii) of the Liquor Tax Act (including instances where those provisions are applied mutatis mutandis pursuant to Article 13 of that Act), Article 12, item (v) of that Act, or Article 14, item (i) or item (ii) of that Act, and for whom three years have not passed from the date of revocation.
(iii)
Any person who was an officer performing the operations of the relevant juridical person within a year prior to the date on which circumstances which were the cause of revocation of permission arose, in any case where a juridical person which received the permission set forth in Article 3, paragraph (1), Article 16, paragraph (1), Article 21, paragraph (1) or Article 26, paragraph (1) has had that permission revoked pursuant to the provisions of Article 12, item (i), item (ii), item (iv) or item (v) (including cases where those provisions are applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30) (in cases where permission is revoked pursuant to the provisions of Article 12, item (ii) (including cases where those provisions are applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30), this is limited to cases where the relevant juridical person is deemed to be equivalent to the person prescribed by item (i) (including cases where it is applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30)); or where a juridical person which received the license set forth in Article 7, paragraph (1) of the Liquor Tax Act or Article 9, paragraph (1) of that Act has had that license revoked pursuant to the provisions of Article 12, item (i), item (ii) or item (v) of that Act, or Article 14, item (i) or item (ii) of that Act (in cases where license is revoked pursuant to the provisions of Article 12, item (ii) of that Act or Article 14, item (ii) of that Act, this is limited to cases where the relevant juridical person is deemed to be equivalent to the person prescribed by Article 10, item (vii) of that Act (limited to cases in which it was punished by a fine pursuant to the provisions of this Act or the Liquor Tax Act, or contravened the provisions of the Liquor Tax Act and been subject to notification procedures (excluding notification procedures pertaining to monies equivalent to a petty fine) pursuant to the provisions of the National Tax Law Violation Control Act)), and for whom three years have not passed since the date of revocation.
(iv)
Any person who has been sentenced to imprisonment or a heavier punishment, and for whom three years have not passed since the end of his sentence, or since the date on which the sentence no longer applied.
(v)
Any juridical person for whom any officer engaged in its operation is a person falling under any of the previous items.
(vi)
Any minor, adult ward, person under curatorship or person under assistance whose statutory agent (limited to the person with representative rights in relation to businesses pertaining to the manufacture of alcohol) falls under any of the previous items.
(Standards Regarding Permission)
Article 6
The Minister of Economy, Trade and Industry shall not give the permission set forth in the previous paragraph without confirming that the application for authorization set forth in Article 3, paragraph (1) is in conformity with what is set out in each of the following items.
(i)
The business is being operated with sufficient financial basis and technical capabilities for its proper functioning.
(ii)
Measures are in place to manage the quantity of alcohol in accordance with the standards provided by ordinance of the Ministry of Economy, Trade and Industry.
(iii)
There are no other concerns that there will be any harm to the secure and appropriate distribution of alcohol.
(Succession)
Article 7
(1)
Where a manufacturer transfers all of its business, or there is an inheritance, merger or split (limited to cases where all of the business is succeeded to) with respect to a manufacturer, the person receiving the transfer of all of the business, or the heir (where there are two or more heirs, and an heir has been selected to succeed to the business with the consent of all of those heirs, that person; the same shall apply hereafter), the juridical person surviving the merger, or the juridical person established by the merger, or the juridical person succeeding to all of the business after the split shall succeed to the position of manufacturer; provided, however, that this shall not apply where the relevant person receiving the transfer of all the business, the relevant heir, the relevant juridical person surviving the merger, the juridical person established by the merger, or the juridical person succeeding to all of the business after the split falls under any of the items in Article 5.
(2)
Any person succeeding to the position of manufacturer pursuant to the provisions of the previous paragraph shall inform the Minister of Economy, Trade and Industry of that fact without delay.
(Permission to Change, etc.)
Article 8
(1)
When a manufacturer intends to change any of the matters listed in Article 3, paragraph (2), item (vi), it shall receive permission from the Minister of Economy, Trade and Industry; provided, however, that this shall not apply when minor changes provided for by ordinance of the Ministry of Economy, Trade and Industry are being performed.
(2)
When a manufacturer has made changes to any of the matters listed in Article 3, paragraph (2) items (i) to (iv), or item (viii); or has made minor changes provided for by ordinance of the Ministry of Economy, Trade and Industry set forth in the proviso to the previous paragraph, or it intends to make chances to any of the matters listed in paragraph (2), item (v) or item (vii) of that Article, it shall notify the Minister of Economy, Trade and Industry, either without delay, or in advance, respectively.
(3)
The provisions of Article 6 shall apply mutatis mutandis to the permission set forth in paragraph (1).
(Reports, etc.)
Article 9
(1)
A manufacturer shall prepare books pursuant to what is provided by ordinance of the Ministry of Economy, Trade and Industry, and shall record in them matters relating to its business operations as provided for by ordinance of the Ministry of Economy, Trade and Industry and shall preserve them.
(2)
A manufacturer shall report each year to the Minister of Economy, Trade and Industry on matters relating to its business operations as provided for by ordinance of the Ministry of Economy, Trade and Industry, pursuant to what is provided for by ordinance of the Ministry of Economy, Trade and Industry.
(3)
Where, in addition to what is provided for by the previous paragraph, a manufacturer has lost alcohol, cultivated yeast or unrefined alcohol used in its business, or has had them stolen, it shall immediately report this fact to the Minister of Economy, Trade and Industry pursuant to what is provided by ordinance of the Ministry of Economy, Trade and Industry, and subject itself to his or her investigations.
(Orders to Improve Business Operations)
Article 10
The Minister of Economy, Trade and Industry may order a manufacturer to put in place necessary improvement measures when he/she considers it necessary for that manufacturer to make improvements in order to secure the appropriate distribution of alcohol in relation to the operation of its business.
(Notification of Cessation)
Article 11
(1)
Any manufacturer which has ceased its business activities shall inform the Minister of Economy, Trade and Industry of this fact without delay.
(2)
When a manufacturer ceases its business activities its permissions shall lost their effect.
(Revocation of Permission, etc.)
Article 12
The Minister of Economy, Trade and Industry shall revoke the permission of any manufacturer who falls under any of the following items, or may order the temporary cessation of its business activities specifying a period of 6 months or less.
(i)
When this Act, or orders based on this Act, or terms and conditions attached to dispositions or permissions based on them have been contravened.
(ii)
When that manufacturer has fall under a category of person listed in Article 5, item (i) or item (iv) to item (vi).
(iii)
When for no good reason that manufacturer has not commenced business activities within 2 years, or has suspended its business activities continuously for longer than 2 years.
(iv)
When the permissions set forth in Article 3, paragraph (1) or Article 8, paragraph (1) have been received through wrongful means.
(v)
When matters for which permission was to be received pursuant to Article 8, paragraph (1) have been changed without the permission set forth in that paragraph.
(Continuation of Necessary Activities, etc.)
Article 13
(1)
In cases where the provisions of the proviso to Article 7, paragraph (1) are to apply to the heir to a manufacturer, and where the effectiveness of the permission for that manufacturer has been lost pursuant to the provisions of Article 11, paragraph (2), or where permission for that manufacturer has been revoked pursuant to the provisions of the previous Article, and there are still semi-finished goods or alcohol from its business activities in its manufacturing plants or warehouses, the Minister of Economy, Trade and Industry may permit, for a fixed period, the continuation of manufacture or transfer on the application of the relevant heir, the relevant person who received the permission whose effectiveness was lost, or the relevant person who received the permission which was revoked.
(2)
In the cases set forth in the previous paragraph, during the period fixed by the Minister of Economy, Trade and Industry pursuant to the provisions of the previous paragraph, the person prescribed by that paragraph shall be deemed to be the manufacturer, and the provisions of this Act shall apply to him/her.
(List of Manufacturers)
Article 14
(1)
The Minister of Economy, Trade and Industry shall keep a list of manufacturers containing the matters listed in Article 3, paragraph (2), item (i), item (ii) and item (v), and any other matters provided for by ordinance of the Ministry of Economy, Trade and Industry, as they relate to manufacturers.
(2)
The Minister of Economy, Trade and Industry shall make the list of manufacturers available for general consultation.
(Prohibition of the Transfer, etc. of Unrefined Cultivated Yeast, etc.)
Article 15
A manufacturer shall not transfer unrefined cultivated yeast or unrefined alcohol pertaining to the manufacture of alcohol, use it for purposes other than manufacturing alcohol, or transfer it outside of the manufacturing plant without the authorization of the Minister of Economy, Trade and Industry.
Section 2 Businesses Importing Alcohol
(Permission to Import)
Article 16
(1)
Any person intending to operate a business importing alcohol shall receive permission from the Minister of Economy, Trade and Industry.
(2)
Any person intending to receive the permission set forth in the previous paragraph shall submit an application form containing the matters listed below to the Minister of Economy, Trade and Industry, pursuant to the provision of ordinance of the Ministry of Economy, Trade and Industry.
(i)
The trading name, title or personal name, and address.
(ii)
The name and address of a representative in the case of a juridical
(iii)
In the case of a minor, or of an adult ward, person under curatorship, or a person under assistance, the name, trading name, or title and address of the statutory agent (limited to the person with representative rights in relation to businesses pertaining to the import of alcohol).
(iv)
The name and address of a representative in cases where the statutory agent prescribed by the previous item is a juridical person.
(v)
The location of the principal office and the warehouses.
(vi)
The functions and structures of facilities at each warehouse.
(vii)
The planned date of commencement of operations.
(viii)
Any other matters provided for by ordinance of the Ministry of Economy, Trade and Industry.
Article 17
Persons who have not received the permission set forth in paragraph (1) of the previous Article (hereafter persons who have received permission shall be referred to as "importers") shall not import alcohol; provided, however, that this shall not apply in cases where alcohol is being imported for use in examination, research, or analysis, and approval has been received from the Minister of Economy, Trade and Industry pursuant to what is provided by ordinance of the Ministry of Economy, Trade and Industry.
(Standards Regarding Permission)
Article 18
The Minister of Economy, Trade and Industry shall not give the permission set forth in the previous paragraph without confirming that the application for permission set forth in Article 16, paragraph (1) is in conformity with what is set out in each of the following items.
(i)
The business is being operated with sufficient financial basis for its proper functioning.
(ii)
Measures are in place to manage the quantity of alcohol in accordance with the standards provided by ordinance of the Ministry of Economy, Trade and Industry.
(iii)
There are no other concerns that there will be any harm to the secure and appropriate distribution of alcohol.
(Continuation of Necessary Activities, etc.)
Article 19
(1)
In cases where the provisions of the proviso to Article 7, paragraph (1) applied mutatis mutandis pursuant to the next Article are to apply to the heir to an importer, and where the effectiveness of the permission for that importer has been lost pursuant to the provisions of Article 11, paragraph (2) applied mutatis mutandis pursuant to the next Article, or where permission for that importer has been revoked pursuant to the provisions of Article 12 applied mutatis mutandis pursuant to the next Article, and there is still alcohol from its business activities in its warehouses, the Minister of Economy, Trade and Industry may permit, for a fixed period, the continuation of the transfer of that alcohol on the application of the relevant, heir, the relevant person who received the permission whose effectiveness was lost, or the relevant person who received the permission which was revoked.
(2)
In the cases set forth in the previous paragraph, during the period fixed by the Minister of Economy, Trade and Industry pursuant to the provisions of the previous paragraph, the person prescribed by that paragraph shall be deemed to be the importer, and the provisions of this Act shall apply to him/her.
(Mutatis Mutandis Application)
Article 20
The provisions of Article 5 shall apply mutatis mutandis with respect to the permission set forth in Article 16, paragraph (1), and the provisions of Article 7 to Article 12, and Article 14, shall apply mutatis mutandis with respect to importers. In such cases, where in Article 7, paragraph (1) it reads "any of the items in Article 5" this shall read "any of the items in Article 5 applied mutatis mutandis pursuant to Article 20"; where in Article 8, paragraph (1) it reads "Article 3, paragraph (2), item (vi) " this shall read "Article 16, paragraph (2), item (vi); where in paragraph (2) of that Article it reads "Article 3, paragraph (2) items (i) to (iv), or item (viii) " this shall read "Article 16, paragraph (2), items (i) to (iv), or item (viii) "; where in paragraph (3) of that Article it reads "Article 6" this shall read "Article 18"; where in Article 9, paragraph (3) it reads "alcohol, cultivated yeast or unrefined alcohol" this shall read "alcohol"; where in Article 12, item (ii) it reads "Article 5, item (i) or item (iv) to item (vi) " this shall read "Article 5, item (i) or item (iv) to item (vi) applied mutatis mutandis pursuant to Article 20"; where in item (iv) of that Article it reads "Article 3, paragraph (1) " this shall read "Article 16, paragraph (1) "; and where in that item and in item (v) of that Article it reads "Article 8, paragraph (1) " this shall read "Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 20"; where in Article 14 it reads "list of manufacturers" this shall read "list of importers"; and where in paragraph (1) of that Article it reads "Article 3, paragraph (2), item (i), item (ii) and item (v) " this shall read "Article 16, paragraph (2), item (i), item (ii) and item (v) ".
Section 3 Businesses Selling Alcohol
(Permission to Selling)
Article 21
(1)
Any person intending to operate a business selling alcohol (excluding specified alcohol; the same shall apply hereafter in this Article and the next Article) shall receive permission from the Minister of Economy, Trade and Industry; provided, however, that this shall not apply to manufacturers or importers selling alcohol they have manufactured or imported.
(2)
Any person intending to receive the permission set forth in the previous paragraph shall submit an application form containing the matters listed below to the Minister of Economy, Trade and Industry, pursuant to the provision of ordinance of the Ministry of Economy, Trade and Industry.
(i)
The trading name, title or personal name, and address.
(ii)
The name and address of a representative in the case of a juridical person.
(iii)
In the case of a minor or of an adult ward, person under curatorship, or a person under assistance, the name, trading name, or title and address of the statutory agent (limited to the person with representative rights in relation to businesses pertaining to the selling alcohol).
(iv)
The name and address of a representative in cases where the statutory agent prescribed by the previous item is a juridical person.
(v)
The location of the principal office, the business offices and the warehouses.
(vi)
The functions and structures of facilities at each warehouse.
(vii)
The planned date of commencement of operations.
(viii)
Any other matters provided for by ordinance of the Ministry of Economy, Trade and Industry.
Article 22
(1)
Persons who have not received the permission set forth in paragraph (1) of the previous Article (hereafter persons who have received permission shall be referred to as "sellers"), who are not manufacturers or importers, shall not transfer alcohol; provided, however, that this shall not apply where a permitted user transfers alcohol after receiving authorization from the Minister of Economy, Trade and Industry.
(2)
Sellers shall not transfer alcohol to any person not a manufacturer, etc. (meaning manufacturers, sellers, permitted users and persons receiving authorization from the Minister of Economy, Trade and Industry pursuant to the provisions of Article 4, item (iii); the same shall apply hereafter); provided, however, that this shall not apply to exports.
(3)
Manufactures shall not transfer alcohol they have manufactured to any person not a manufacturer, etc.; provided, however, that this shall not apply to exports.
(4)
Importers shall not transfer alcohol they have imported to any person not a manufacturer, etc.; provided, however, that this shall not apply to exports.
(Standards Regarding Permission)
Article 23
The Minister of Economy, Trade and Industry shall not give the permission set forth in the previous paragraph without confirming that the application for authorization set forth in Article 21, paragraph (1) is in conformity with what is set out in each of the following items.
(i)
The business is being operated with sufficient financial basis for its proper functioning.
(ii)
Measures are in place to manage the quantity of alcohol in accordance with the standards provided by ordinance of the Ministry of Economy, Trade and Industry.
(iii)
There are no other concerns that there will be any harm to the secure and appropriate distribution of alcohol.
(Continuation of Necessary Activities, etc.)
Article 24
(1)
In cases where the provisions of the proviso to Article 7, paragraph (1) applied mutatis mutandis pursuant to the next Article are to apply to the heir to a seller, and where the effectiveness of the permission for that seller has been lost pursuant to the provisions of the Article 11, paragraph (2) applied mutatis mutandis pursuant to the next Article, or where permission for that seller has been revoked pursuant to the provisions of Article 12 applied mutatis mutandis pursuant to the next Article, and there is still alcohol from its business activities in its warehouses, the Minister of Economy, Trade and Industry may permit, for a fixed period, the continuation of the transfer of that alcohol on the application of the relevant, heir, the relevant person who received the permission whose effectiveness was lost, or the relevant person who received the permission which was revoked.
(2)
In the cases set forth in the previous paragraph, during the period fixed by the Minister of Economy, Trade and Industry pursuant to the provisions of the previous paragraph, the person prescribed by that paragraph shall be deemed to be the seller, and the provisions of this Act shall apply to him/her.
(Mutatis Mutandis Application)
Article 25
The provisions of Article 5 shall apply mutatis mutandis with respect to the permission set forth in Article 21, paragraph (1) and the provisions of Article 7 to Article 12, and Article 14, shall apply mutatis mutandis with respect to sellers. In such cases, where in Article 7, paragraph (1) it reads "any of the items in Article 5" this shall read "any of the items in Article 5 applied mutatis mutandis pursuant to Article 25"; where in Article 8, paragraph (1) it reads "Article 3, paragraph (2), item (vi) " this shall read "Article 21, paragraph (2), item (vi); where in paragraph (2) of that Article it reads "Article 3, paragraph (2) items (i) to (iv), or item (viii) " this shall read "Article 21, paragraph (2), items (i) to (iv), or item (viii) "; where in paragraph (3) of that Article it reads "Article 6" this shall read "Article 23"; where in Article 9, paragraph (3) it reads "alcohol, cultivated yeast or unrefined alcohol" this shall read "alcohol"; where in Article 12, item (ii) it reads "Article 5, item (i) or item (iv) to item (vi) " this shall read "Article 5, item (i) or item (iv) to item (vi) applied mutatis mutandis pursuant to Article 25"; where in item (iv) of that Article it reads "Article 3, paragraph (1) " this shall read "Article 21, paragraph (1) "; and where in that item and in item (v) of that Article it reads "Article 8, paragraph (1) " this shall read "Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 25"; where in Article 14 it reads "list of manufacturers" this shall read "list of sellers"; and where in paragraph (1) of that Article it reads "Article 3, paragraph (2), item (i), item (ii) and item (v) " this shall read "Article 21, paragraph (2), item (i), item (ii) and item (v) ".
Section 4 Use of Alcohol
(Permission to Use)
Article 26
(1)
Any person intending to use alcohol (excluding specified alcohol; the same shall apply hereafter in this Article and the next Article) in industry shall receive permission from the Minister of Economy, Trade and Industry.
(2)
Any person intending to receive the permission set forth in the previous paragraph shall submit an application form containing the matters listed below to the Minister of Economy, Trade and Industry, pursuant to the provision of ordinance of the Ministry of Economy, Trade and Industry.
(i)
The trading name, title or personal name, and address.
(ii)
The name and address of a representative in the case of a juridical person.
(iii)
In the case of a minor or of an adult ward, person under curatorship, or a person under assistance the name, trading name, or title and address of the statutory agent (limited to the person with representative rights in relation to the use of alcohol).
(iv)
The name and address of a representative in cases where the statutory agent prescribed by the previous item is a juridical person.
(v)
The location of the principal office, alcohol facilities where it is used and warehouses.
(vi)
The usage and method of use for alcohol and the functions and structures of the facilities at each facility where it is used; and the functions and structures of each warehouse.
(vii)
The period of use.
(viii)
Any other matters provided for by ordinance of the Ministry of Economy, Trade and Industry.
Article 27
(1)
Alcohol shall not be used except by permitted users; provided, however, that this shall not apply where it has been imported for examination, research or analysis and approval has been received from the Minister of Economy, Trade and Industry pursuant to the provisions of the proviso to Article 17.
(2)
Permitted users shall use alcohol for the purpose for which permission was given, and through the method for which permission was given.
(Standards Regarding Permission)
Article 28
The Minister of Economy, Trade and Industry shall not give the permission set forth in the previous paragraph without confirming that the application for authorization set forth in Article 26, paragraph (1) is in conformity with what is set out in each of the following items.
(i)
The method of use is considered to be capable to adequately manage the volume of alcohol.
(ii)
Measures are in place to manage the quantity of alcohol in accordance with the standards provided by ordinance of the Ministry of Economy, Trade and Industry.
(iii)
There are no other concerns that there will be any harm to the secure and appropriate distribution of alcohol.
(Continuation of Necessary Activities, etc.)
Article 29
(1)
In cases where the provisions of the proviso to Article 7, paragraph (1) applied mutatis mutandis pursuant to the next Article are to apply to the heir to a permitted user, and where the effectiveness of the permission for that permitted user has been lost pursuant to the provisions of Article 11, paragraph (2) applied mutatis mutandis pursuant to the next Article, or where permission for that permitted user has been revoked pursuant to the provisions of Article 12 applied mutatis mutandis pursuant to the next Article, and there are still alcohol in its facilities or warehouses, the Minister of Economy, Trade and Industry may permit, for a fixed period, the continuation of use on the application of the relevant heir, the relevant person who received the permission whose effectiveness was lost, or the relevant person who received the permission which was revoked.
(2)
In the cases set forth in the previous paragraph, during the period fixed by the Minister of Economy, Trade and Industry pursuant to the provisions of the previous paragraph, the person prescribed by that paragraph shall be deemed to be the permitted user, and the provisions of this Act shall apply to him/her.
(Mutatis Mutandis Application)
Article 30
The provisions of Article 5 shall apply mutatis mutandis with respect to the permission set forth in Article 26, paragraph (1), and the provisions of Article 7 to Article 12, and Article 14, shall apply mutatis mutandis with respect to permitted users. In such cases, where in Article 7, paragraph (1) it reads "any of the items in Article 5" this shall read "any of the items in Article 5 applied mutatis mutandis pursuant to Article 30"; where in Article 8, paragraph (1) it reads "Article 3, paragraph (2), item (vi) " this shall read "Article 26, paragraph (2), item (vi); where in paragraph (2) of that Article it reads "Article 3, paragraph (2) items (i) to (iv), or item (viii) " this shall read "Article 26, paragraph (2), items (i) to (iv), or item (viii) "; where in paragraph (3) of that Article it reads "Article 6" this shall read "Article 28"; where in Article 9, paragraph (3) it reads "alcohol, cultivated yeast or unrefined alcohol" this shall read "alcohol"; where in Article 11 and Article 12 it reads "business activities" this shall read "usage"; where in Article 12, item (ii) it reads "Article 5, item (i) or item (iv) to item (vi) " this shall read "Article 5, item (i) or item (iv) to item (vi) applied mutatis mutandis pursuant to Article 30"; where in item (iv) of that Article it reads "Article 3, paragraph (1) " this shall read "Article 26, paragraph (1) "; and where in that item and in item (v) of that Article it reads "Article 8, paragraph (1) " this shall read "Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 30"; where in Article 14 it reads "list of manufacturers" this shall read "list of permitted users"; and where in paragraph (1) of that Article it reads "Article 3, paragraph (2), item (i), item (ii) and item (v)" this shall read "Article 26, paragraph (2), item (i), item (ii) and item (v) ".
Chapter III Transfer of Specified Alcohol
(Payments to the Treasury)
Article 31
(1)
When a manufacture or importer has transferred alcohol as specified alcohol, it shall pay to the treasury the amount obtained from multiplying the volume of the specified alcohol transferred by the additional amount for that alcohol.
(2)
The procedure for making payments to the treasury pursuant to the provisions of the previous paragraph shall be as provided by Cabinet Order.
(Provision of Security)
Article 32
(1)
The Minister of Economy, Trade and Industry may order manufacturers or importers to provide security on payments made, specifying the amount and timeframe, when he/she considers it necessary to ensure the performance of payment obligations pursuant to the provisions of paragraph (1) of the previous Article and pursuant to what is provided by Cabinet Order.
(2)
The Minister of Economy, Trade and Industry may make changes to the amount and timeframe set forth in the previous paragraph when he/she considers it necessary.
(3)
In case where The Minister of Economy, Trade and Industry has ordered the provision of security pursuant to the provisions of paragraph (1) he/she may prohibit the disposition or transfer of alcohol held by the relevant manufacturer or importer until that manufacturer or importer provides security when he/she considers it necessary.
Article 33
Deleted
Article 34
Deleted
Chapter IV Miscellaneous Provisions
(Restrictions on the Dilution of Alcohol)
Article 35
Manufacturers, importers, sellers or permitted users shall not dilute alcohol (except specified alcohol) so that the alcohol portion goes below 90 per cent, except where a permitted user dilutes it during the process of usage, or where provided for by ordinance of the Ministry of Economy, Trade and Industry.
(Collection of Payments)
Article 36
(1)
The Minister of Economy, Trade and Industry shall order the persons listed in each of the following items to pay to the treasury the amount obtained by multiplying the volume of alcohol listed in each respective item by the additional amount for that alcohol.
(i)
A manufacturer (excluding any person who has exported alcohol) who has transferred alcohol (excluding specified alcohol; the same shall apply hereafter in this Article) to a person other than a manufacturer:
the volume of alcohol transferred.
(ii)
An importer (excluding any person who has exported alcohol) who has transferred alcohol to a person other than a manufacturer:
the volume of alcohol transferred.
(iii)
A seller (excluding any person who has exported alcohol) who has transferred alcohol to a person other than a manufacturer:
the volume of alcohol transferred.
(iv)
A permitted user who has transferred alcohol (excluding cases where alcohol has been transferred after receiving approval pursuant to the proviso to Article 22, paragraph (1)):
The volume of alcohol transferred.
(v)
A manufacturer who has used alcohol:
The volume of alcohol used.
(vi)
A importer who has used alcohol:
The volume of alcohol used.
(vii)
A seller who has used alcohol:
The volume of alcohol used.
(viii)
A permitted user who has used alcohol other than for the usage for which permission set forth in Article 26, paragraph (1) was given:
The volume of alcohol used.
(2)
Any person who has received an order pursuant to the provisions of the previous paragraph shall pay the amount prescribed in that paragraph to the treasury.
(3)
The payments prescribed by paragraph (1) shall not be imposed for alcohol confiscated pursuant to the provisions of Article47, paragraph (2).
(Compulsory Collection)
Article 37
(1)
The Minister of Economy, Trade and Industry shall demand remittance in the form of a reminder letter indicating a payment deadline where a person has not made a payment pursuant to the provisions of Article 31, paragraph (1) or prescribed by the previous Article, paragraph (1) by the deadlines.
(2)
The Minister of Economy, Trade and Industry may collect penal interest calculated from the day after the payment deadline to the date of payment at an interest rate of 14.5 per cent on the payment amount after making a demand pursuant to the provisions of the previous paragraph.
(3)
In cases set forth in the previous paragraph, where part of the payment amount has been paid, the payment amount forming the basis of the calculations for the amount of penal interest during the period after the date of that payment shall be reduced by the amount of that part-payment.
(4)
In cases where a person who has received a demand pursuant to the provisions of paragraph (1) does not pay the amount required by the deadline indicated, the Minister of Economy, Trade and Industry may collect the payment and penal interest prescribed by paragraph (1) and paragraph (2) pursuant to the same rules as those used for the disposition of national tax in arrears. In such cases, the statutory line for that payment and penal interest shall come after national tax and local tax.
(5)
Penal interest shall be collected prior to the payment.
(Prohibition on Possession, etc., of Illicit Alcohol, etc.)
Article 38
Nobody shall possess, transfer, or receive alcohol that is manufactured in contravention of the provisions of Article 4 or imported in contravention of the provisions of Article 17, in addition to cases where based on applicable laws and regulations.
(Conditions of Permission, etc.)
Article 39
(1)
Conditions may be attached to permission or authorization, and changes made to them.
(2)
The conditions set forth in the previous paragraph shall be the minimum necessary for achieving the secure implementation of matters pertaining to that permission or authorization, and shall not impose any undue obligation on the person receiving permission or authorization.
(Reporting and On-Site Inspections)
Article 40
(1)
In addition to what is specified elsewhere in this Act, the Minister of Economy, Trade and Industry may, to the extent necessary for the effectiveness of this Act, order manufacturers, importers, sellers, permitted users, persons receiving authorization from the Minister of Economy, Trade and Industry pursuant to Article 4, item (iii) (referred to as "authorized examiners, researchers and manufacturers" in the next paragraph), or persons receiving authorization from the Minister of Economy, Trade and Industry pursuant to the proviso to Article 17 (referred to as "authorized importers" in the next paragraph) to report on their business operations.
(2)
The Minister of Economy, Trade and Industry may, to the extent necessary for the effectiveness of this Act, have his or her staff enter the offices or other business locations of manufacturers; importers; sellers; permitted users; authorized examiners, researchers and manufacturers; or authorized importers, to inspect any alcohol, cultivated yeast, unrefined alcohol, machinery, equipment, books, documents, and any other materials; to question related parties; or to remove alcohol or any other necessary samples, limited to the smallest volume necessary, for analysis.
(3)
Staff performing on-site inspections pursuant to the provisions of the previous paragraph shall carry identification displaying their status, and show it to related parties.
(4)
The authorization to perform on-site inspections pursuant to the provisions of paragraph (2) shall not be construed as being approved for criminal investigation.
(Emergency Measures)
Article 41
(1)
The Minister of Economy, Trade and Industry may, at a time of emergency (meaning times when the Minister of Economy, Trade and Industry considers it necessary for an emergency increase in alcohol supply due to a large deficiency in the alcohol supply or fears of there being a deficiency in the alcohol supply; the same shall apply hereafter in this Article), have manufacturers, importers, sellers or permitted users report on the volume of alcohol they intend to manufacture after informing them of that emergency; and, based on those reports, recommend manufacturers or importers to increase the volume of alcohol production or the volume of alcohol imported or any other necessary measures, pursuant to what is provided for by ordinance of the Ministry of Economy, Trade and Industry.
(2)
In cases where the Minister of Economy, Trade and Industry has provided a recommendation pursuant to the provisions of the previous paragraph, he/she shall make public any instances where the person receiving the relevant recommendation has not implemented that recommendation without good reason.
(3)
The Minister of Economy, Trade and Industry shall, in times of emergency, provide all necessary information to the citizens of Japan in relation to the status of alcohol manufacturing, importing, distribution and availability, in order to support the proper development of the national economy.
(Exemption from Application)
Article 42
The provisions of this Act shall not apply with respect to alcohol manufactured by a person who has received a license to manufacture liquor pursuant to the provisions of Article 7, paragraph (1) of the Liquor Tax Act, and where the alcohol is being used as a raw material of liquor and is being manufactured in a manufacturing plant which is licensed.
(Delegation of Authority)
Article 43
Matters coming under the authority of the Minister of Economy, Trade and Industry pursuant to the provisions of this Act may be carried out by the Director of a Bureau of Economy, Trade and Industry pursuant to what is provided for by Cabinet Order.
(Application to the State)
Article 44
The provisions of this Act shall apply to the State, with the exception of the provisions of Article 36, Article 37 and the next Chapter. In such cases, where it reads "permission", this shall read "authorization".
(Transitional Measures)
Article 45
In cases where an order is established, revised or abolished based on the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be specified by the relevant order to the extent considered reasonably necessary upon establishment, revision or abolition.
Chapter V Penal Provisions
Article 46
(1)
Persons falling under any of the categories listed in each of the following items shall be punished with three years or less of imprisonment with required labor or a fine of 3,000,000 yen or less, or a cumulative imposition of both.
(i)
Any person who has contravened the provisions of Article 4 or Article 17.
(ii)
Any person who has contravened an order pursuant to the provisions of Article 12 (including cases where it is applied mutatis mutandis pursuant to Article 20).
(2)
Attempts at the offences set forth in item (i) of the previous paragraph shall be punished.
(3)
Any alcohol, cultivated yeast, unrefined alcohol, and any containers, machinery and tools involved in the manufacture of alcohol, which were used in an offence set forth in paragraph (1), item (i) and the previous paragraph shall be confiscated; provided, however, that this shall not apply to the alcohol, cultivated yeast, unrefined alcohol, or any containers, machinery or tools involved in the manufacture of alcohol, which a person other than the offender has acquired without knowledge that it had been involved in a crime, after the offence was committed.
(4)
In cases set forth in the previous paragraph, where it is not possible to confiscate all or part of the alcohol, cultivated yeast or unrefined alcohol, an equivalent monetary value shall be confiscated.
Article 47
(1)
Persons falling under any of the categories listed in each of the following items shall be punished with one year or less of imprisonment with required labor or a fine of 1,000,000 yen or less, or a cumulative imposition of both.
(i)
Any person who has contravened the provisions of Article 22.
(ii)
Any person who has contravened an order pursuant to the provisions of Article 12 where it is applied mutatis mutandis pursuant to Article 25 or Article30.
(iii)
Any person who has contravened the provisions of Article 27, paragraph (1).
(iv)
Any person who has contravened the provisions of Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 30, and changed the alcohol usage of each of the facilities listed in Article 26, paragraph (2), item (iv).
(v)
Any person who has contravened the provisions of Article 31, paragraph (1).
(vi)
Any person who has contravened the provisions of Article 38.
(2)
Alcohol and its containers used in an offence set forth in the previous paragraph (excluding item (ii) and item (v)) shall be confiscated; provided, however, that this shall not apply to any alcohol or its containers which a person other than the offender has acquired without knowledge that it had been involved in a crime, after the offence was committed.
Article 48
Persons falling under any of the categories listed in each of the following items shall be punished with a fine of 2,000,000 yen or less.
(i)
Any person who has contravened the provisions of Article 8, paragraph (1), and changed the matters listed in Article 3, paragraph (2), item (vi).
(ii)
Any person who has contravened the provisions of Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 20, and changed the matters listed in Article 16, paragraph (2), item (vi).
(iii)
Any person who has contravened the provisions of Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 25, and changed the matters listed in Article 21, paragraph (2), item (vi).
(iv)
Any person who has contravened the provisions of Article 8, paragraph (1) applied mutatis mutandis pursuant to Article 30, and changed the matters listed in Article 26, paragraph (2), item (vi) (excluding persons falling under the prescription of paragraph (1), item (iv) of the previous paragraph).
(v)
Any person who has contravened the provisions of Article 35.
Article 49
Any person who contravenes an order pursuant to the provisions of Article 10 (including cases where it is applied mutatis mutandis pursuant to Article 20, Article 25 or Article 30) shall be punished with a fine of 1,000,000 yen or less.
Article 50
Any person who contravenes a condition pursuant to the provisions of Article 39, paragraph (1) shall be punished with a fine of 300,000 yen or less.
Article 51
(1)
Persons falling under any of the categories listed in each of the following items shall be punished with a fine of 200,000 yen or less.
(i)
Any person who has contravened the provisions of Article 9, paragraph (1) (including cases where it is applied mutatis mutandis pursuant to Article 20, Article 25 or Article 30) and has not recorded the matters prescribed by that paragraph or recorded them falsely, or who has failed to retain the books.
(ii)
Any person who has failed to give a report pursuant to the provisions of Article 9, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to the provisions of Article 20, Article 25 or Article 30), Article 40, paragraph (1) or Article 41, paragraph (1), or who has given a false report.
(iii)
Any person who has contravened the provisions of Article 9, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to the provisions of Article 20, Article 25 or Article 30).
(iv)
Any person who has contravened the provisions of Article 15.
(v)
Any person who has disposed of, or transferred alcohol in contravention of a prohibition pursuant to the provisions of Article 32, paragraph (3).
(vi)
Any person who has refused, obstructed or evaded an investigation or removal pursuant to the provisions of Article 40, paragraph (2), or who has failed to answer, or given a false answer, to a question.
(2)
Any cultivated yeast, unrefined alcohol, and any containers used in an offence set forth in item (iv) of the previous paragraph shall be confiscated; provided, however, that this shall not apply to cultivated yeast, unrefined alcohol, or any containers which a person other than the offender has acquired without knowledge that it had been involved in a crime, after the offence was committed.
(3)
In case set forth in the previous paragraph, where it is not possible to confiscate all or part of the cultivated yeast or unrefined alcohol, an equivalent monetary value shall be confiscated.
Article 52
When a director of a juridical person or a juridical person, or a representative of a person, an employee, or another worker has committed an illegal act set forth in Article 46 through to the previous Article in relation to the business operations of that juridical person or person, then that juridical person or person shall be punished according to each respective Article in addition to the person committing the offence.
Article 53
Any person who has failed to give a notification pursuant to the provisions of Article 7, paragraph (2), Article 8, paragraph (2) or Article 11, paragraph (1) (including cases where these provisions are applied mutatis mutandis pursuant to Article 20, Article 25 and Article 30), or who has given a false notification, shall be punished with a non-criminal fine of 100,000 yen or less.
Supplementary Provisions
[Extract]
(Effective Date)
Article 1
This Act shall come into effect on April 1st, 2001; provided, however, that the provisions of Article 3, paragraph (2), Article 16, paragraph (2), Article 21, paragraph (2) and Article 26, paragraph (2), and Article 23 of the Supplementary Provisions, shall come into effect on January 6th of that year.
Article 2
Deleted
Article 3
Deleted
Article 4
Deleted
Article 5
Deleted
Article 6
Deleted
(Investigations)
Article 7
The government shall review the provisions of this Act and set in place any necessary measures based on the results of such reviews, in response to changes in the economic and social environment in Japan and overseas as it relates to alcohol.
Article 8
Deleted
(Abolition of the Alcohol Monopoly Act, etc.)
Article 9
The Acts listed below shall be abolished.
(i)
Alcohol Monopoly Act (Act No. 32 of 1937)
(ii)
Alcohol Monopoly Business Special Account Act (Act No. 39 of 1947)
(iii)
The Act concerning Exceptions to Payment from the Alcohol Monopoly Special Account to the General Account (Act No. 30 of 1950)
(Transitional Measures for Persons to whom Manufacture is Delegated, etc.)
Article 10
(1)
Persons to whom manufacture of alcohol has been actually delegated pursuant to the provisions of Article 3, paragraph (2) of the Alcohol Monopoly Act (hereafter referred to as the "old Act") before its abolition pursuant to the provisions of the previous Article and who are manufacturing it at the time this Act comes into effect shall be deemed to be persons who have received the permission set forth in Article 3, paragraph (1) on the date this Act comes into effect (hereafter referred to as the "effective date").
(2)
In the cases set forth in the previous paragraph, where a person who is deemed to be a person who has received the permission set forth in Article 3, paragraph (1) pursuant to the provisions of the previous paragraph is actually in possession of alcohol at the time this Act comes into effect, this alcohol shall be deemed to have been manufactured by that person after this Act came into effect, and this act shall apply to it.
Article 11
Where a person for whom the delegation of alcohol manufacture has been cancelled pursuant to the provisions if Article 3, paragraph (2) of the old Act before the effective date is actually in possession of alcohol at the time this Act comes into effect, that person may transfer that alcohol to a manufacturer notwithstanding the provisions of Article 22, paragraph (1).
(Transitional Measures for Permission to Create, Change or Disestablish a Manufacturing Plant or Warehouse)
Article 12
Any permission granted or application for permission made pursuant to the provisions of Article 7 of the old Act at the time this Act comes into effect and which pertain to a person deemed to have received the permission set forth in Article 3, paragraph (1) pursuant to the provisions of Article 10, paragraph (1) of the Supplementary provisions shall be deemed to be permission granted or an application for permission made pursuant to the provisions of Article 8, paragraph (1) on the effective date.
(Transitional Measures for Persons who have Received Permission to Examine, Research or Manufacture Alcohol, etc.)
Article 13
Where a person who has actually received the permission set forth in Article 18, paragraph (1) of the old Act at the time this Act comes into effect, or a person whose permission has been revoked pursuant to the provisions of Article 18-2 or Article 18-3 of the old Act before the effective date, is actually in possession of alcohol at the time this Act comes into effect, that person may transfer that alcohol to a manufacturer notwithstanding the provisions of Article 22, paragraph (1).
(Transitional Measures for Dealing with Alcohol Sold by the Minister of Economy, Trade and Industry Before the Effective Date)
Article 14
(1)
The provisions of Article 22 to Article 25, and Article 29-5 to Article 31 of the old Act (including penal provisions pertaining to those provisions) shall continue to remain applicable after this Act comes into effect with respect to any person who has bought alcohol at the price set forth in Article 20 of the old Act, and to any alcohol bought and received at that price, before the effective date. In such cases, the necessary technical replacements of terms shall be as provided by Cabinet Order.
(2)
The provisions then in force shall remain applicable with respect to requests for payment of monies equivalent to the difference prescribed by Article 27, paragraph (1) of the old Act as they pertain to any person who came under a category of person prescribed by that paragraph before the effective date.
(3)
Any person who actually possesses alcohol sold by the Minister of Economy, Trade and Industry at the price set forth in Article 19 of the old Act at the time this Act comes into effect (excluding persons deemed to have received the permission set forth in Article 21, paragraph (1) pursuant to the provisions of paragraph (1) of the next Article, or persons prescribed by Article 16 of the Supplementary Provisions) may export or use that alcohol notwithstanding the provisions of Article 22, paragraph (1) and Article 27, paragraph (1).
(4)
Any person who actually possesses alcohol bought at the price set forth in Article 20 with the aim of putting it to the uses listed in item (i) or item (ii) of that Article at the time this Act comes into effect may use that alcohol notwithstanding the provisions of Article 27, paragraph (1).
(5)
Any person who actually possesses alcohol bought at the price set forth in Article 20 with the aim of putting it to the uses listed in item (iii) of that Article at the time this Act comes into effect may export that alcohol notwithstanding the provisions of Article 22, paragraph (1).
(Transitional Measures for Persons Designated as Sellers, etc.)
Article 15
(1)
Any person who has been actually designated pursuant to the provisions of Article 28 of the old Act at the time this Act comes into effect shall be deemed to have received the permission set forth in Article 21, paragraph (1) on the effective date.
(2)
In cases set forth in the previous paragraph, where a person deemed to have received the permission set forth in Article 21, paragraph (1) pursuant to the provisions of the previous paragraph is actually in possession of alcohol sold by the Minister of Economy, Trade and Industry at the price set forth in Article 19 of the old Act at the time this Act comes into effect, that alcohol shall be deemed to be specified alcohol, and the provisions of this Act shall apply to it.
Article 16
Where a person whose designation pursuant to Article 28 of the old Act has been revoked before the effective date is actually in possession of alcohol sold by the Minister of Economy, Trade and Industry at the price specified in Article 19 of the old Act at the time this Act comes into effect, that alcohol shall be deemed to be specified alcohol, and the provisions of this Act shall apply to it.
Article 17
Deleted
(Transitional Measures for the Mutatis Mutandis Application of the National Tax Law Violation Control Act)
Article 18
The provisions of Article 40 of the old Act shall remain applicable with respect to violations set forth in the old Act taking place before this Act comes into effect and violations set forth in the old Act for which the provisions then in force are to remain applicable after it comes into effect pursuant to Article 14, paragraph (1) of the Supplementary Provisions, after this Act comes into effect. In such cases, where in Article 40, paragraph (2) of the old Act it reads "monopoly official" this shall read "employee designated by the Minister of Economy, Trade and Industry".
(Transitional Measures for the Rejections of Permission to Manufacture Alcohol, etc.)
Article 19
Any person who has been punished by a fine pursuant to the provisions of the old Act (including cases where the provisions then in force are to remain applicable pursuant to the provisions of Article 14, paragraph (1) of the Supplementary Provisions and cases where the same rules are to apply pursuant to the provisions of Article 22 of the Supplementary Provisions), or who has contravened the provisions of the old Act (including cases where the provisions then in force are to remain applicable pursuant to Article 14, paragraph (1) of the Supplementary Provisions), received a notification disposition (excluding notification dispositions for an amount equivalent to a petty fine) pursuant to the provisions of the National Tax Law Violation Control Act applied mutatis mutandis pursuant to Article 40 of the old Act (including cases where the provisions then in force are to remain applicable pursuant to the provisions of the previous Article), and performed notification, shall be deemed to be a person who has been fined pursuant to this Act on the date that disposition was received or the notification was performed, with respect to the application of the provisions of Article 5, item (i), item (v), or item (vi) (including cases where those provisions are applied mutatis mutandis pursuant to Article 20, Article 25, and Article 30).
Article 20
Deleted
Article 21
Deleted
(Transitional Measures for Penal Provisions)
Article 22
The provisions then in force shall remain applicable with respect to the application of penal provisions for acts committed before this Act came into effect.
(Delegation to Cabinet Order)
Article 23
Any other transitional measures necessary for this Act to be effective in addition to what is provided between Article 10 of the Supplementary Provisions and the previous Article of the Supplementary Provisions shall be provided by Cabinet Order.
Supplementary Provisions
[Act No. 91 of May 31, 2000]
(Effective Date)
(1)
This Act shall come into effect from the date on which the Act for Partial Revision of the Commercial Code (Act No. 90 of 2000) comes into effect.
(Transitional Measures)
(2)
In the case that the effective date for this Act falls before the effective date for the provisions set forth in Article 8 of the Supplementary Provisions to the Act on Food and Agricultural Materials Inspection Center (Act No. 183 of 1999), where in the provisions within Article 31 which revise Article 19-5-2, Article 19-6, paragraph (1), item (iv) and Article 27 of the Act on Standardization and Proper Labeling of Agricultural and Forestry Products it reads "Article 27", this shall read "Article 26".
Supplementary Provisions
[Act No. 145 of December 11, 2002]
[Extract]
(Effective Date)
Article 1
This Act shall come into effect on the date of promulgation; provided, however, that the provisions of Article 15 to Article 19, Article 26 and Article 27, and of Article 6 to Article 34 of the Supplementary Provisions, shall come into effect from October 1st, 2003.
(Transitional Measures Upon Partial Revision of the Alcohol Business Act)
Article 29
Dispositions, procedures and any other acts done pursuant to the provisions of the Alcohol Business Act prior to revision pursuant to the provisions of the previous Article prior to the provisions of that Article coming into effect shall be deemed to be dispositions, procedures and any other acts done pursuant to the equivalent provisions of the Alcohol Business Act after revision pursuant to this Act, the Act on General Rules, or that Article.
(Transitional Measures for Penal Provisions)
Article 34
The provisions then in force shall remain applicable with respect to the application of penal provisions to acts committed before this Act came into effect (with respect to the provisions prescribed by the proviso to Article 1 of the Supplementary Provisions, those provisions; the same shall apply hereafter in this Article) and acts committed after this Act came into effect as they pertain to matters for which the provisions then in force are to remain applicable pursuant to the provisions of these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 35
Transitional measures necessary in connection with the establishment of organizations and any other transitional measures necessary for this Act to be effective in addition to what is prescribed by these Supplementary Provisions shall be provided by Cabinet Order.
Supplementary Provisions
[Act No. 147 of December 1, 2004]
[Extract]
(Effective Date)
Article 1
This Act shall come into effect on a date provided by Cabinet Order within a range not exceeding 6 months from the date of promulgation.
Supplementary Provisions
[Act No. 32 of April 20, 2005]
[Extract]
(Effective Date)
Article 1
This Act shall come into effect on the date of promulgation; provided, however, that the provisions of Article 17, Article 19, Article 20, Article 21 (excluding the provisions revising Article 5 of the Supplementary Provisions to the Act on the New Energy and Industrial Technology Development Organization (Act No. 145 of 2002)), Article 22 and Article 23 of the Supplementary Provisions shall come into effect from April 1st 2006; and the provisions of Article 21 of the Supplementary Provisions revising Article 5 of the Supplementary Provisions to the Act on the New Energy and Industrial Technology Development Organization shall come into effect on March 31st, 2007.
(Transitional Measures Upon Partial Revision of the Alcohol Business Act)
Article 20
(1)
Dispositions, procedures and any other acts done pursuant to the provisions of the old Alcohol Business Act shall be deemed to be dispositions, procedures and any other acts done pursuant to the equivalent provisions of the Alcohol Business Act after revision pursuant to the previous Article.
(2)
The provisions then in force shall remain applicable with respect to the application of penal provisions to acts committed before the provisions of the previous Article came into effect.
(3)
Any other transitional measures necessary in connection with the revision of the Alcohol Business Act pursuant to the provisions of the previous Article in addition to what is prescribed by the previous two paragraph shall be provided by Cabinet Order.