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Stimulants Control Act


Published: 2013

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Stimulants Control Act (Tentative translation)
Chapter I General Rules (Article 1 and Article 2)
Chapter II Designation and Notification (Article 3 to Article 12)
Chapter III Prohibition and Restriction (Article 13 to Article 20-2)
Chapter IV Handling (Article 21 to Article 27)
Chapter V Records and Reports Concerning Businesses (Article 28 to Article 30)
Chapter V-II Designation and Notification Concerning Stimulants Raw Material and Notification, Restriction and Prohibition and Handling (Article 30-2 to Article 30-17)
Chapter VI Supervision (Article 31 to Article 34)
Chapter VII Miscellaneous Rules (Article 34-2 to Article 40-4)
Chapter VIII Punishment (Article 41 to Article 44)
Supplementary Provisions
Chapter I General Rules
(Purpose of This Act)
Article 1 This Act is to perform necessary controls over importing, exporting, possessing, manufacturing, transferring, inheriting from and using stimulants and stimulants raw material in order to prevent the injury or harm in public hygiene by abusing stimulants.
(Significance of Technical Terms)
Article 2 (1) The term "stimulants" as used in this Act means the below-mentioned.
(1) Phenylaminopropane, phenylmethylaminopropane and their salts.
(2) A substance which has the same kind of arousal function as listed in the preceding item and designated ones in a cabinet order.
(3) A substance which has any of each item as listed in the preceding item (ii).
2. The term "stimulants manufacturer" in this Act means to manufacture stimulants (to refine stimulants, to convert stimulants into another stimulants adding or without adding a chemical reaction, and including dividing stimulants and putting them into small containers. However, excluding "preparing a medicine". The same is hereinafter.), and a person who is designated pursuant to the provision of this Act as the person who can be engaged in the business of transferring its manufactured stimulants to a stimulants administering institution or to a stimulants researcher. 2. The term "stimulants manufacturer" in this Act means to manufacture stimulants (to refine stimulants, to convert stimulants into another stimulants adding or without adding a chemical reaction, and including dividing stimulants and putting them into small containers. However, excluding "preparing a medicine". The same is hereinafter.), and a person who is designated pursuant to the provision of this Act as the person who can be engaged in the business of transferring its manufactured stimulants to a stimulants administering institution or to a stimulants researcher.
3. The terms "stimulants application organization" in this Act means a hospital or a clinic designated pursuant to the provision of this Act. 3. The terms "stimulants application organization" in this Act means a hospital or a clinic designated pursuant to the provision of this Act.
4. The terms "stimulants researcher" as used in this Act means a person who is designated pursuant to the provision of this Act as the person who can use stimulants for academic researches and can manufacture stimulants authorized only by the Minister of Health, Labour and Welfare. 4. The terms "stimulants researcher" as used in this Act means a person who is designated pursuant to the provision of this Act as the person who can use stimulants for academic researches and can manufacture stimulants authorized only by the Minister of Health, Labour and Welfare.
5. The terms "stimulants raw material" as used in this Act means the substances as listed in Attached Table. 5. The terms "stimulants raw material" as used in this Act means the substances as listed in Attached Table.
6. The terms "stimulants importer" as used in this Act means a person who is designated pursuant to the provision of this Act as a person who can be engaged in the business of importing stimulants raw material or import the stimulants raw material for the business. 6. The terms "stimulants importer" as used in this Act means a person who is designated pursuant to the provision of this Act as a person who can be engaged in the business of importing stimulants raw material or import the stimulants raw material for the business.
7. The terms "stimulants raw material exporter" as used in this Act means a person who is designated pursuant to the provision of this Act as the person who can export the stimulants raw material as the business. 7. The terms "stimulants raw material exporter" as used in this Act means a person who is designated pursuant to the provision of this Act as the person who can export the stimulants raw material as the business.
8. The terms "stimulants raw material manufacturer" as used in this Act means a person who can be engaged in the business of manufacturing the stimulants raw material (refining stimulants raw material, converting stimulants raw material into another adding or without a chemical reaction, and including dividing stimulants raw material and putting them into containers. However, excluding "preparing a medicine".) or a person who is designated pursuant to the provision of this Act as the person who can manufacture the stimulants raw material for the business (refining stimulants raw material, converting stimulants raw material into another adding or without a chemical reaction, and including dividing stimulants raw material and putting them into containers. However, excluding "preparing a medicine".). 8. The terms "stimulants raw material manufacturer" as used in this Act means a person who can be engaged in the business of manufacturing the stimulants raw material (refining stimulants raw material, converting stimulants raw material into another adding or without a chemical reaction, and including dividing stimulants raw material and putting them into containers. However, excluding "preparing a medicine".) or a person who is designated pursuant to the provision of this Act as the person who can manufacture the stimulants raw material for the business (refining stimulants raw material, converting stimulants raw material into another adding or without a chemical reaction, and including dividing stimulants raw material and putting them into containers. However, excluding "preparing a medicine".).
9. The term "stimulants raw material handler" as used in this Act means a person who is designated pursuant to the provision of this Act as a person who can be engaged in the business of transferring stimulants raw material or as a person who can use stimulants raw material for the business. 9. The term "stimulants raw material handler" as used in this Act means a person who is designated pursuant to the provision of this Act as a person who can be engaged in the business of transferring stimulants raw material or as a person who can use stimulants raw material for the business.
10. The terms "stimulants raw material researcher" as used in this Act a person who is designated pursuant to the provision of this Act as a person who can manufacture the stimulants raw material for academic researches or can use the same. 10. The terms "stimulants raw material researcher" as used in this Act a person who is designated pursuant to the provision of this Act as a person who can manufacture the stimulants raw material for academic researches or can use the same.
Chapter II Designation and Notification
(Requirements of Designation)
Article 3 (1) The Minister of Health, Labour and Welfare shall designate stimulants manufacturers by a works or the governor controlling their residences shall designate stimulants raw material application organizations or stimulants researchers by a hospital or a clinic or a laboratory regarded as appropriate ones out of the ones having the qualifications as listed in the following.
(i) As for a stimulants manufacturer, a person who is authorized to be engaged in the business of manufacturing and selling pharmaceuticals pursuant to the provision of paragraph (1), Article 12 (authorization of manufacturing and selling pharmaceuticals) of the pharmaceuticals affairs Act (Act No. 145 of 1960. Hereinafter the "pharmaceuticals medical machinery, etc. Act" is referred to.) and a person who is authorized to be engaged in the business of manufacturing pharmaceuticals pursuant to the provision of paragraph (2), Article 13 of the Act of pharmaceuticals medical equipment, etc. (authorization of manufacturing pharmaceuticals) (hereinafter the "engaged in the business of manufacturing and selling pharmaceuticals, etc.")
(ii) As for a stimulants administering institution, psychiatric hospital and other hospitals or clinics that need to apply for stimulants in medical treatments.
(iii) As for a stimulants researcher, a person who has considerable knowledge on stimulants and needs to use them in the study.
(2) The standards concerning the designation of a stimulants administering institution or of a stimulants researcher shall be provided for under Ordinance of the Ministry of Health, Labour, and Welfare.
(Application Procedure of Designation)
Article 4 (1) A person who intends to be designated to manufacture stimulants shall file an application form with the Minister of Health, Labour and Welfare through the governor controlling the residence where a works is established by a works.
(2) A person who intends to be designated to be a stimulants administering institution or a stimulants researcher shall file an application form with the governor controlling the residence by a hospital or a clinic or a laboratory.
(Designation Certificate)
Article 5 (1) When a stimulants manufacturer, a stimulants administering institution or a stimulants researcher are designated, the Minister of Health, Labour and Welfare shall issue a designation certificate to the said manufacturer and the governor issue each certificate to the establisher of the said application organization or the said researcher, respectively.
(2) A designation certificate shall be issued to a stimulants manufacturer through the governor controlling the residence where its works is located.
(3) A designation certificate shall not be transferred or lent to others.
(Valid Term of Designation)
Article 6 The valid term of a designation for a stimulants manufacturer, a stimulants administering institution or a stimulants researcher shall be from the date of a designation to December 31, the next year.
(Invalidation of Designation)
Article 7 When the grounds provided for in Article 9 (notification of abolition of the business, etc.) take place, the designation shall cease to be effective in addition to when the valid term of a designation for a stimulants manufacturer, a stimulants administering institution or a stimulants researcher expires or its designation is cancelled.
(Cancellation of Designation and Suspension of Business, etc.)
Article 8 (1) If the establisher of a stimulants manufacturer and, a stimulants administering institution, the manager (the "manager of the said hospital or a clinic" is referred to. The same is hereinafter,) pursuant to the provision of the Medical Service Act (Act No. 205 of 1948) of a stimulants administering institution, a doctor who is engaged in the business of a medical examination in a stimulants administering institution or a stimulants violates the provisions of this Act, a disposition based on the provision of this Act or the conditions attached to the designation or permission, or if the qualifications as listed in item (iii), paragraph (1) (requirements of designation), Article 3 about a stimulants researcher are lost, the Minister of Health, Labour and Welfare shall cancel the designation of a stimulants manufacturer and the governor shall cancel a stimulants administering institution or a stimulants researcher, respectively, or both may order to suspend the businesses or the studies concerning stimulants or stimulants raw material of stimulants manufacturers or stimulants researchers by deciding a term.
(2) A notification in paragraph (1), Article 15 or Article 30 of Administrative Procedures Act (Act No. 88 of 1993) of a disposition pursuant to the provision of the preceding paragraph shall be forwarded prior to two weeks a writing of the date of hearing or the deadline of the writing describing the excuse (the date when the opportunity of an oral excuse is given).
(Notification of Abolition, etc. of Business)
Article 9 (1) If a stimulants manufacturer falls under any of each item as listed in the following, the said manufacturer shall notify the Minister of Health, Labour and Welfare of the gist with the designation certificate attached through the governor controlling the residence of the works within 15 days from the date on which the gist takes place.
(i) When the manufacturer abolished the business of the stimulants at the works.
(ii) When the valid term of the authorization of the manufacturing and selling pharmaceuticals pursuant to the provision of paragraph (2), Article 12 (valid term of authorization) of the pharmaceuticals, medical equipment, etc. Act expires, or the valid term of manufacturing pharmaceuticals pursuant to the provision of paragraph (3), Article 13 (valid term of authorization) of the pharmaceuticals and medical equipment, etc. Act expires, and its renewal is not filed with the authority.
(iii) When the authorization of manufacturing and selling or manufacturing pharmaceuticals are cancelled pursuant to the provision of paragraph (1), Article 75 (cancellation of the pharmaceuticals and medical equipment, etc., Act.
(2) If the establisher of a stimulants administering institution falls under any of each item as listed in the following, the said establisher shall notify the governor controlling the residence of its hospital or a clinic with the designation certificate attached within 15 days from the date on which the ground takes place.
(i) When a hospital or a clinic that is a stimulants administering institution is abolished.
(ii) When a medical examination in the medical examination division provided for in the designated standard pursuant to the provision of paragraph (2), Article 3 (Standard of Designation) in a hospital or a clinic that is a stimulants administering institution is abolished.
(iii) When the authorization to establish a hospital or a clinic that is a stimulants administering institution is cancelled pursuant to the provision of Article 29 (cancellation of establishment and closing order) of the Medical Service Act.
(3) When a stimulants researcher has abolished the study requiring to use a stimulants at the said laboratory, the said researcher shall notify the governor controlling the residence of the laboratory of the gist with the designation certificate attached within 15 days from the date on which the ground takes place.
(4) If a stimulants manufacturer, the establisher of a stimulants administering institution or a stimulants researcher deceased, their heir shall file a notification pursuant to the provision of the preceding paragraph (3), when they are dissolved, its liquidator or a legal person that exists after merger or a legal person established by merger shall file the afore-mentioned notification.
(Return and Submission of Designation Certificate)
Article 10 (1) If the designation of a stimulants manufacturer, a stimulants administering institution or a stimulants researcher ceases to be effective, a person who had been a stimulants manufacturer shall return its designation certificate to the Minister of Health, Labour and Welfare through the governor controlling the residence of the works, a person who had been the establisher of the stimulants application organization or a stimulants researcher shall return its designation certificate to the governor controlling the residence of the hospital or the clinic or the laboratory within 15 days from the date on which the designation ceases to be effective, respectively, except for a case that is provided for in the preceding Article.
(2) If a disposition to suspend the business is imposed on a stimulants manufacturer pursuant to paragraph (1), Article 8 (cancellation of designation and suspension of business, etc.) or pursuant to paragraph (1), Article 75 (cancellation of authorization, etc.) of the pharmaceuticals and medical equipment, etc. Act, if a disposition to order to close an organization is imposed on the establisher of the stimulants application organization pursuant to the provision of Article 29 (cancellation of authorization of establishment and order to close) of the Medical Service Act, or if a disposition to suspend the study is imposed on a stimulants researcher pursuant to the provision of paragraph (1), Article 8, the stimulants manufacturer shall submit the designation certificate to the Minister of Health, Labour and Welfare through the governor controlling the residence of the work, and the establisher of the stimulants application organization or the stimulants researcher shall submit the designation certificate to the governor controlling the residence of the hospital or the clinic or the laboratory, respectively within 15 days from each disposition date imposed on each person concerned.
(3) In case of the preceding paragraph, the Minister of Health, Labour and Welfare or the governor shall enter the gist of the disposition on the designation certificate and return the designation certificate to the stimulants manufacturer, the establisher of the stimulants application organization or the stimulants researcher soon after the business suspension term, the closing term or the study suspension term each expires.
(Re-issuance of Designation Certificate)
Article 11 (1) If the designation certificate is damaged or is lost, a stimulants manufacturer may apply for re-issuance of a designation certificate with the Minister of Health, Labour and Welfare through the governor controlling the residence of the works and the establisher of a stimulants administering institution or a stimulants researcher may ask the governor controlling the residence of the hospital or the clinic or the laboratory to re-issue a certificate designation.
(2) If the lost designation certificate is discovered after applying for the re-issuance of the designation certificate, a stimulants manufacturer shall return the old designation certificate to the Minister of Health, Labour and Welfare through the governor controlling the residence of the works, and the establisher of a stimulants administering institution or a stimulants researcher shall return the old designation certificate to the governor controlling the residence of the hospital or the clinic or the laboratory, respectively.
(Notification of Change of Name or Address, etc.)
Article 12 (1) A stimulants manufacturer shall notify the Minister of Health, Labour and Welfare of the gist through the governor controlling the residence of the works together with the designation certificate within 15 days, if the said manufacturer changes its name (the appellation if it is a legal person) or address or the appellation of the works.
(2) The establisher of a stimulants administering institution shall notify the governor of the gist controlling the residence of the hospital or the clinic or the laboratory together with the designation certificate within 15 days, if the said establisher changed the appellation of the stimulants application organization.
(3) A stimulants researcher shall notify the governor controlling the residence of the laboratory of the changes together with the designation certificate within 15 days, if the said researcher has changed the name or address or the appellation of the laboratory.
(4) In a case of the preceding paragraph (3), the Minister of Health, Labour and Welfare or the governor shall quickly correct the designation certificate and return it to the said researcher.
Chapter III Prohibition and Restriction
(Prohibition of Import and Export)
Article 13 Any person shall neither import nor export a stimulants.
(Prohibition of Possession)
Article 14 (1) Any person shall not possess a stimulants, except for a stimulants manufacturer, the establisher and manager of a stimulants administering institution, a doctor and a stimulants researcher who are engaged in the medical examination at the stimulants application organization or a person who is given a stimulants for application from a doctor or a stimulants researcher who are engaged in the medial examination.
(2) In case of falling under any of each item in the following, the provision in the preceding paragraph shall not be applied.
(i) In case that an assistant in the business of a doctor or a stimulants researcher who are engaged in the medical examination in a stimulants manufacturer, the manager of a stimulants administering institution, and a stimulants administering institution.
(ii) When a stimulants manufacturer transfers a stimulants to a stimulants administering institution or a stimulants researcher, or they exchange an old storage of stimulants with a new one of stimulants, a person who is engaged in the business of transporting a letter (the "letter" is referred to in paragraph (5), Article 24 and item (x), Article 30-7.) provided for in paragraph (2), Article 2 of the Act Concerning Service of Correspondence by Private Proprietors (Act No. 99 of 2002) or a person who is engaged in transferring an article possesses a stimulants in necessarily exercising the business.
(iii) In case that a person who is engaged in nursing another person who is given a stimulants for application by a doctor engaged in the medical examination at a stimulants administering institution possesses a stimulants for another person.
(iv) In case that a person possesses a stimulants in a conduct committed pursuant to the Acts and Ordinances.
(Prohibition and Restriction of Manufacturing)
Article 15 (1) Any person shall not manufacture a stimulants, except for a case that a stimulants manufacturer manufactures a stimulants for the purpose of the business and a stimulants researcher who is authorized by the Minister of Health, Labour and Welfare to manufacture a stimulants for the study.
(2) When a stimulants researcher intends to be authorized to manufacture a stimulants pursuant to the provision of the preceding paragraph, the said researcher shall file an application form with the Minister of Health, Labour and Welfare through the governor controlling the residence of the laboratory provided for under Ordinance of the Ministry of Health, Labour, and Welfare.
(3) The Minister of Health, Labour and Welfare may annually decide the manufacturing quantity of each stimulants manufacturer by terms of January to March, April to June, July to September and October to December.
(4) A stimulants manufacturer shall not manufacture a stimulants exceeding the per capita quantity determined by the Minister of Health, Labour and Welfare pursuant to the provision of the preceding paragraph.
(Manager of Stimulants Application Organization)
Article 16 (1) The manager of a stimulants administering institution shall manage the affairs concerning the inheritance of the stimulants to be applied at a stimulants administering institution and the stimulants inherited at the stimulants application organization.
(2) The establisher of a stimulants administering institution shall have the manager of the said application organization manage the affairs concerning the inheritance of the stimulants and the inherited stimulants.
(Restriction and Prohibition of Transfer and Inheritance)
Article 17 (1) A stimulants manufacturer shall not transfer a manufactured stimulants to a person other than a stimulants administering institution and a stimulants researcher.
(2) Neither a stimulants administering institution nor a stimulants researcher shall take over a stimulants from a person other than a stimulants manufacturer.
(3) Any person shall neither transfer nor take over a stimulants, except for a case in the preceding paragraph (2) and a doctor engaged in the medical examination at a stimulants administering institution or a stimulants researcher give a stimulants for application to a patient.
(4) In case that a stimulants is transferred or is inherited from a person to execute an official duty pursuant to the Acts and Ordinances or in case that a stimulants researcher is authorized by the Minister of Health, Labour and Welfare to transfer a stimulants or inherit a stimulants from a person, the provision in the preceding paragraph (3) shall not be applied.
(5) If a stimulants researcher intends to be authorized to transfer a stimulants or inherit a stimulants from a person pursuant to the provision of the preceding paragraph, the said researcher shall file an application form with the Minister of Health, Labour and Welfare through the governor controlling the residence of the laboratory provided for under Ordinance of the Ministry of Health, Labour, and Welfare.
(Transfer Certificate and Taking-Over Certificate)
Article 18 (1) When a stimulants is transferred or is taken-over (excluding a case that a doctor or a stimulants researcher who is engaged in the business of a medical examination to give a patient a stimulants for application at a stimulants administering institution.), a transfer person shall issue a transfer certificate prepared provided for under Ordinance of the Health, Labour, and Welfare to an opponent and a taking-over person shall issue a taking-over certificate prepared provided for under Ordinance of the Health, Labour, and Welfare to an opponent.
(2) The taking-over person in the preceding paragraph may provide the matters to be entered in the said transfer certificate in an electronic information processing media method or another information communication technological method provided for under Ordinance of the Ministry of Health, Labour and Welfare in place of the taking-over certificate pursuant to the provision in the same paragraph. In this case, it shall be considered that the said taking-over person has issued the said taking-over certificate.
(3) In case the transfer certificate or the taking-over certificate or a method provided for in the front paragraph in the preceding paragraph are performed, an electromagnetic record (the record that is composed of an electronic system, a magnetic system, and another system that can't be recognized with the perception of another person and as what are provided for information processing with an electronic computer provided for under Ordinance of the Ministry of Health, Labour, and Welfare. The same is hereinafter.) shall be kept by the person to whom the said certificate is issued or is provided for two years since the date on which the said stimulants is transferred or is taken-over.
(4) A transfer certificate and a taking-over certificate and the electromagnetic record provided for in the preceding paragraph shall not be transferred to another person in addition to what are provided for in paragraph (1) or paragraph (2).
(Prohibition of Use)
Article 19 Any person other than as listed in each in the below-mentioned shall not use a stimulants.
(i) When a stimulants manufacturer uses a stimulants to manufacture it.
(ii) When a doctor or a stimulants researcher who is engaged in the medical examination at a stimulants applies for it.
(iii) When a stimulants researcher uses it for a study.
(iv) When a person who is given a stimulants for application from a doctor or a stimulants researcher who is engaged in the business of the medical examination at a stimulants administering institution applies for it.
(v) When to use it for a conduct committed pursuant to the Acts and Ordinances.
(Restriction of Application)
Article 20 (1) A doctor who is engaged in the business of the medical examination at a stimulants administering institution shall neither apply for the stimulants that is managed by the manager of a stimulants administering institution is engaged in the business of the medical examination nor give a patient the stimulants for application.
(2) The medical doctor in the preceding paragraph shall neither apply for a stimulants for the purpose other than the medical examination of others nor give a patient a stimulants for application.
(3) The medical doctor in paragraph (1) neither shall apply for a stimulants for the fiend of a stimulants to ease or heal the fiend nor give a stimulants for application.
(4) If the medical doctor in paragraph (1) gives a stimulants for application, a document where a person to whom a stimulants is given, name, age, application method and application term are described with the signature of the said doctor, and the two matters shall be issued simultaneously.
(5) A stimulants researcher shall neither apply for it for others for a study nor give a patient a stimulants for application, except for a case where the said researcher is authorized by the Minister of Health, Labour and Welfare.
(6) When a stimulants researcher intends to be authorized to apply for a stimulants or to give it to a patient, the said researcher shall file an application form with the Minister of Health, Labour and Welfare through the governor controlling the residence of the laboratory pursuant to Ordinance of the Ministry of Health, Labour and Welfare.
(7) When a stimulants researcher gives a stimulants to a patient for application, the provision of paragraph (4) shall be applied mutatis mutandis.
(Restriction of Advertisement)
Article 20-2 Any person shall not advertise a stimulants, except for a case where advertisements concerning a stimulants launched in newspapers or magazines are directed to the pharmaceutical person concerned ("a person who is engaged in the business of a study concerning pharmaceutical parties concerned or natural science" is referred to. The same is hereinafter in this Article.) who publish the news concerning the medical matters and pharmaceutical affairs or natural science and advertisements concerning a stimulants are mainly directed to pharmaceutical persons.
Chapter IV Handling
(Enclosure by Certificate Stamp)
Article 21 (1) A stimulants manufacturer shall pack the manufactured stimulants in a container and enclose the container with the certificate stamp issued by the government provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(2) A stimulants manufacturer, a stimulants administering institution and a stimulants researcher shall not transfer or take over an enclosed stimulants with a certificate stamp pursuant to the provision of the preceding paragraph.
(3) If a stimulants is transferred or is taken-over in connection with the official duty pursuant to the Acts and Ordinances, the provision of the preceding paragraph shall not be applied.
(Storage and Exchange of Storage)
Article 22 (1) A stimulants manufacturer, the manager of a stimulants administering institution or a stimulants researcher shall store the possessed or managed stimulants in the works, hospital or clinic or laboratory. However, if a stimulants manufacturer decides a sales office where a stimulants should be kept (hereinafter the "stimulants keeping sales office" is referred to.) and files the gist with the Minister of Health, Labour and Welfare through the governor controlling the residence of the said sales office, the said manufacturer may keep the possessed stimulants at a stimulants storage sales office and the exchange of a storage may be performed between the works and the stimulants storage sales office, or between the stimulants sales offices.
(2) A stimulants storage sales office in the proviso of the preceding paragraph shall be the sales office of a stimulants manufacturer and a sales office where a pharmacist provided for in the pharmaceutical and medical equipment Act is stationed.
(3) The storage in paragraph (1) shall be locked in a solid place.
(Disposal)
Article 22-2 When a stimulants manufacturer, the establisher of a stimulants administering institution or a stimulants researcher intends to dispose of a stimulants, they shall notify the governor controlling the residence of the works (the stimulants storage sales office where the stimulants is stored at the said stimulants storage sales office), the hospital or the clinic or the laboratory of the gist and dispose of the stimulants in the presence of the said official.
(Notification of Accident)
Article 23 If the stimulants a stimulants manufacturer, the establisher of a stimulants administering institution or a stimulants researcher possesses or manages is lost, or is stolen or where they are unknown, the stimulants manufacturer shall notify the Minister of Health, Labour and Welfare of the articles names of the stimulants, quantities, and the necessary matters to clarify other conditions of the accident through the governor controlling the residence of the works (the stimulants storage sales office where the stimulants is kept), and the establisher of a stimulants administering institution or a stimulants researcher shall notify the governor controlling the residence of the hospital or the clinic or the laboratory of their details of accidents, respectively.
(Transitional Obligation if Designation Ceases to be Effective)
Article 24 (1) A person who had been the stimulants manufacturer shall report the article names and quantities the person had possessed when the designation ceased to be effective to the Minister of Health, Labour and Welfare through the governor controlling the residence of the works (the stimulants storage sales office where the stimulants are stored.), and a person who had been the establisher of the stimulants application organization or the stimulants researcher shall report the article names and quantities to the governor controlling the residence of the hospital or the clinic or the laboratory within 15 days, respectively since the date on which the designation ceased to be effective, if the designation of the stimulants a stimulants manufacturer, the stimulants application organization or the stimulants researcher ceases to be effective (when a disposition refusing the application is exercised if the designation provided for in the next Article is filed.) on the date on which the designation ceases to be effective (the date on which a refusal disposition to the application is made if the designation provided for in the next Article is filed. The same is hereinafter in this Article.).
(2) In case of the preceding paragraph, a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher shall report the below-mentioned matters to the Minister of Health, Labour and Welfare or to the governor within 30 days, respectively, since the date on which the designation of each person ceased to be effective as follows: a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher transferring the stimulants they have possessed to the persons who are stimulants manufacturers, the stimulants application organizations or the stimulants researchers, and the article names and the quantities of the transferred stimulants and the names of the tranferees (its appellation if it is a legal person) and addresses, the works of the stimulants manufacturer (the storage stimulants is stored at the storage sales office) through the governor controlling the residence of the stimulants storage sales office), and report the article names and the quantities of the transferred stimulants and the names of the tranferees (its appellation if it is a legal person) and addresses to the governor controlling the residences of the hospital, or the clinic or the laboratory about a stimulants administering institution or a stimulants researcher.
(3) If the said stimulants couldn't be transferred within the deadline in the preceding paragraph, a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher shall ask the said official to present at the meeting and dispose of the said stimulants under the direction of the official.
(4) If a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher deceased, the heir, and if dissolved, the liquidator or a legal person that exists after merger or established by merger shall report pursuant to the provision in paragraph (1), transfer and report pursuant to the provision in paragraph (2) and make a disposal pursuant to the provision in the preceding paragraph.
(5) In case of the preceding paragraph (3), the provision of paragraph (1), Article 14 (prohibition of possession) shall not be applied to a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher and their heirs, the liquidator or a legal person that exists after merger or established by merger from a date on which the designation ceased to be effective to a date on which a transfer or disposal is exercised pursuant to the provision of the same paragraph. In this case, the provision of item (i), paragraph (2) (Exception for Prohibition of Possession) in the same Article shall be applied mutatis mutandis to an assistant to these persons in the business and the provision of item (ii) in the same paragraph to a person who is engaged in the business of mail service or correspondence delivery or transportation service of articles.
(6) In case of paragraph (2) and paragraph (4), Article 17 (Restriction and Prohibition of Transfer and Take-over) and item (ii), Article 21 (Prohibition of Transfer and Take-over of Stimulants Enclosed with Certificate Stamp) shall not be applied.
(Exception of Re-designation)
Article 25 If a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher files the application of a designation to the effect that a person who had been a stimulants manufacturer, a person who had been the establisher of a stimulants administering institution or a person who had been a stimulants researcher would continue a present status before the valid deadline of the designation provided for in Article 6 (valid deadline of designation) expires, or within 30 days after the valid deadline of the designation expires, paragraph (1), Article 14 (prohibition of possession) and the provision of the preceding Article shall not be applied to those persons and the manager of the said stimulants application organization until the disposition of approval or disapproval to the application is implemented by the Minister of Health, Labour and Welfare or the governor.
Article 26 Deleted.
(Disposal of Stimulants Vested in National Treasury)
Article 27 The Minister of Health, Labour and Welfare may make a necessary disposition of the stimulants vested in the national treasury pursuant to the provision of the Acts and Ordinances in order to accomplish the purpose of this Act.
Chapter V Records and Reports Concerning Businesses
(Book)
Article 28 (1) A stimulants manufacturer, the manager of a stimulants administering institution or a stimulants researcher shall provide a book by the works, or the stimulants storage sales office, the hospital or the laboratory to enter the below-mentioned items.
(i) Article names and quantities and date of the stimulants manufactured, transferred, taken over, stored, applied, given for application or used for study
(ii) Name (appellation if it is a legal person) of Opponent to Transfer or Take-Over and Address and Works or Stimulants Storage Sales Office, Stimulants Application organization or Appellation of Laboratory and Residence.
(iii) Article Name and Quantities of Stimulants Notified Pursuant to the provision of Article 23 (Notification of Accident)
(2) A person who is provided for in the preceding paragraph shall keep the book in the same paragraph for two years since the date on which the necessary matters are entered on the last day.
(Report of Stimulants Manufacturer)
Article 29 A stimulants manufacturer shall report the below-mentioned matters by the terms of January to March, April to June, July to September, and October to December to the Minister of Health, Labour, and Welfare through the governor controlling the residence of the works within 15 days after the term expires.
(i) Article Name and quantity and storage place of possessed at the beginning of term.
(ii) Article and quantity of stimulants manufactured in the term.
(iii) Article and quantity of stimulants transferred in the term.
(iv) Article name and quantity and storage place of stimulants possessed at the end of the term.
(Manager of Stimulants Application Organization and Report of Stimulants Researcher)
Article 30 The manager of a stimulants administering institution or a stimulants researcher shall report the transferred, applied, given for application, or used for study or the manufactured stimulants of the article names and quantities from the designated date (the next year of the designated year and Article 25 (exception of re-designation) on which the application is filed from December 1 in the previous year) in the year in which the designation is made to November 30 in the year, and the managed or possessed stimulants of the article names and quantities to the governor controlling the residences of the hospital or the clinic or the laboratory by December 15, annually.
Chapter V-2 Designation and Notification, Restriction and Prohibition and Handling Concerning Stimulants Raw Material
(Requirements of Designation)
Article 30-2 The Minister of Health, Labour and Welfare shall designate a stimulants raw material importer or a stimulants raw material exporter or a stimulants raw material manufacturer by the place of business or the works and the governor controlling the residences of each organ shall designate a stimulants raw material handler or a stimulants raw material researcher regarded as appopriate out of them as listed in the following by the place of business or the laboratory provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(i) With regard to a stimulants raw material importer, a person who intends to be engaged in the business of being a pharmaceutical manufacturer, etc. and of importing a stimulants raw material or a person who needs to import a stimulants raw material for the business.
(ii) With regard to a stimulants exporter, a person (hereinafter the "drugstore opener" is referred to.) who is authorized to open a drugstore pursuant to the provision of paragraph (1), Article 4 of the pharmaceutical and medical equipment Act (authorization to open a drugstore), a person who is authorized to open a shop sales business or wholesale business pursuant to paragraph (1), Article 26 (authorization of a shop sales business) or paragraph (1), Article 34 of the pharmaceutical and medical equipment Act (authorization of wholesales business) (hereinafter the "pharmaceutical and medical equipment seller" is referred to in this Article.) and a person who intends to be engaged in the business of exporting a stimulants raw material.
(iii) With regard to a stimulants raw material manufacturer, a person who intends to be engaged in the business of being a pharmaceutical and medical equipment, etc and of manufacturing a stimulants raw material or a person who needs to manufacture a stimulants raw material.
(iv) With regard to a stimulants raw material handler, a person who is engaged in the business of transferring a stimulants raw material to a pharmacy opener, pharmaceutical manufacturer and seller, pharmaceutical seller or a person who needs to use a stimulants.
(v) With regard to a stimulants researcher, a person who has a considerable knowledge concerning a stimulants raw material and needs to manufacture and use a stimulants raw material for the study.
(Cancellation of Designation and Suspension of Business, etc.)
Article 30-3 (1) If a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer, a stimulants raw material handler or a stimulants raw material researcher violates the conditions associated with a disposition based on the provision of this Act or a designation or authorization, the Minister of Health, Labour and Welfare may cancel each designation or order to suspend the business or the study concerning a stimulants raw material by deciding a term with regard to a stimulants raw material importer, a stimulants raw material exporter or a stimulants raw material manufacturer, and the governor may cancel each designation or order to suspend the business or the study concerning a stimulants raw material by deciding a term with regard to a stimulants raw material handler or a stimulants raw material researcher.
(2) The provision of paragraph 2, Article 8 (exception for method of hearing, etc.) shall be applied mutatis mutandis to the disposition pursuant to the provision of the preceding paragraph.
(Notification of Abolitions of Business, etc.)
Article 30-4 (1) When a stimulants raw material importer has abolished the business of importing a stimulants raw material at the place of business, a stimulants raw material exporter has abolished the business of exporting a stimulants raw material at the place of business, a stimulants raw material manufacturer has abolished the business of manufacturing a stimulants raw material at the works, a stimulants raw material handler has abolished the business of transferring a stimulants raw material or the business of their usage at the place of business, or a stimulants raw material researcher has abolished the manufacturing a stimulants raw material or the studies that need to use a stimulants raw material, the stimulants raw material importer or the stimulants raw material exporter or the stimulants raw material manufacturer shall notify the Minister of Health, Labour and Welfare of the gist together with the designation certificate, respectively within 15 days since the date on which the said abolition has been made, through the governor controlling the residences of the said places of business or the said works, and the stimulants raw material handler or stimulants raw material shall notify the governor controlling the residences of the said places of business or the said laboratory of the gist together with the designation certificate.
(2) If a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer, a stimulants raw material handler or a stimulants raw material researcher deceased, its heir shall file a notification pursuant to the preceding paragraph with the authority, if it is dissolved, its liquidator or a legal person that exists after a merger or established by a merger shall file it with the authority.
(Application Mutatis Mutandis Concerning Designation and Notification)
Article 30-5 The provisions of Article 4 to Article 7 (the application procedure of a designation, a designation certificate, the valid term of a designation, and the invalidation of a designation) and Article 10 to Article 12 (the return and submission of a designation certificate, re-issuance of a designation certificate, the notification of changes such as name or address) shall be applied mutatis mutandis to a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer, a stimulants raw material handler and a stimulants raw material researcher. In this case, "a stimulants manufacturer" in the provision shall be read to "a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer", "a stimulants administering institution" (excluding a case of paragraph (2), Article 12.), "the establisher of a stimulants administering institution" to "a stimulants raw material handler", "a stimulants researcher" to "stimulants raw material researcher", "a works" in paragraph (1), Article 4, paragraph (2), Article 5, paragraphs (1) and (2), Article 10, Article 11 and paragraph (1), Article 12 to "the place of business or a works", "the hospital or clinic" in paragraph (2), Article 4, items (i) and (ii), Article 10 and Article 11 and "the hospital or clinic" in paragraph (2), Article 12 to "the place of business", "the said manufacturer" in paragraph (1), Article 5 to "the said importer, exporter or manufacturer", "the establisher of the said application organization" to "the said handler", "the next year" in Article 6 " to "the year to which the day belongs after four years have lapsed from the designated day", "Article 9" in Article 7 and "the preceding Article" in paragraph (1), Article 10 to "Article 30-4", "paragraph (1), Article 8 (cancellation of designation and suspension of business, etc.) or paragraph (1), Article 75 the provision of (cancellation of authorization, etc.) of the pharmaceutical and medical equipment Act, and "the provision of paragraph (1), Article 8" to "the provision of paragraph (1), Article 30-3", "Article 29 of the medical service Act the disposition of closing order pursuant to (cancellation of establishing authorization and closing order)" to "disposition of business suspension pursuant to the provision of paragraph (1), Article 30-3", "business suspension term, closing term" in paragraph (3), Article 10 to "business suspension term", and "the appellation of the stimulants application organization" in paragraph (2), Article 12 to "name (the appellation if it is a legal person) or the address or the appellation of the place of business".
(Restriction and Prohibition of Import and Export)
Article 30-6 (1) Any person shall not import a stimulants raw material, except for a case that a stimulants raw material importer is authorized by the Minister of Health, Labour and Welfare to import a stimulants raw material for the business provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(2) Any person shall not export a stimulants raw material, except for a case that a stimulants raw material exporter is authorized by the Minister of Health, Labour and Welfare to export a stimulants raw material for the business provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(3) If a stimulants raw material importer or exporter intends to be authorized to import or export a stimulants raw material pursuant to the provision of the preceding two paragraphs, each party shall file an application form with the Minister of Health, Labour and Welfare through the governor controlling the residence of the place of business provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(Indication When Exporting)
Article 30-6-2 When a stimulants raw material exporter intends to export a stimulants raw material, the said exporter shall not falsify the article names and quantities in their indications.
(Prohibition of Possession)
Article 30-7 Any person shall not possess a stimulants raw material, except for any of each item as listed in the following.
(i) In case a stimulants raw material exporter possesses a stimulants raw material for the business.
(ii) In case a stimulants raw material exporter possesses a stimulants raw material for the business.
(iii) In case a stimulants raw material manufacturer or a stimulants manufacturer possesses for the business.
(iv) In case a stimulants raw material handler possesses a stimulants raw material for the business.
(v) In case a stimulants raw material researcher or a stimulants researcher possesses a stimulants raw material for the study.
(iv) In case a hospital or the establisher of a clinic, a doctor or a dentist (hereinafter the "visiting physician" is referred to.) is provided for in paragraph (1), Article 5 of the medical service Act (exception for visiting physician, etc.) or the establisher (including veterinarians who performs the medical business by themselves on rearing animals for visiting only. The same is hereinafter.) provided for in paragraph (2), Article 2 of the veterinary Act (Act No. 46 of 1992) of an animal medical care facility, then in case a veterinarian possesses a stimulants raw material that is a pharmaceutical for the business.
(vii) In case a pharmacy establisher possesses a stimulants raw material that is a medicine prepared by a pharmacist pursuant to the prescription of a doctor, a dentist, or a veterinarian and a stimulants raw material that is a medicine to be used for the said medicine.
(viii) In case a pharmacist who is engaged in preparing a medicine at a drugstore, a hospital or a clinic, the manager of a hospital or a clinic, a doctor or dentist or a manager (hereinafter the "veterinarian manager" is referred to.) pursuant to paragraph (2), Article 5 of the veterinary medical care Act (including a case that is applied mutatis mutandis in paragraph (2), Article 7 in the same Act.) or a veterinarian (limiting to a veterinarian that is the establisher of a rearing animal examination facility and a veterinarian who is employed by the establisher of a rearing animal examination facility. The same is hereinafter.) is engaged in the medical examination of rearing animal ("the rearing animal" is referred to pursuant to paragraph (1), Article 2 in the same Act. The same hereinafter.) and possesses a stimulants raw material that is a pharmaceutical for the business.
(ix) An assistant in the business of a person provided for in the preceding each item possesses a stimulants raw material for the business.
(x) A person who is engaged in transferring mail or correspondence or articles possesses a stimulants raw material to necessarily exercise the business.
(xi) In case a doctor or a dentist who is engaged in the examination at a hospital or a clinic, a person who is given a stimulants raw material that is a pharmaceutical for application from a visiting physician, etc. or a veterinarian who is engaged in the examination of a rearing animal possesses the said stimulants raw material and a person who is engaged in nursing a person who is given the said application possesses the said stimulants raw material for the said person.
(xii) A person who receives the prescription of a doctor, a dentist or a veterinarian possesses a stimulants raw material that is a pharmaceutical prepared by a pharmacist pursuant to the said prescription and a person who is in charge of nursing the person for whom possesses a stimulants raw material that is a pharmaceutical prepared by a pharmacist pursuant to the said prescription.
(xiii) In case a person who possesses a stimulants raw material with regard to the conduct based on the Acts and Ordinances.
(Prohibition of Manufacture)
Article 30-8 Any person shall not manufacture a stimulants raw material, except for any of the cases as listed in the following.
(i) In case a stimulants raw material manufacturer or a stimulants manufacturer manufactures a stimulants raw material for the business.
(ii) In case a stimulants raw material researcher or a stimulants researcher manufactures a stimulants raw material for the business.
(Restriction and Prohibition of Transfer and Take-over)
Article 30-9 Any person shall neither transfer nor take over a stimulants raw material, except for any of each item as listed in the following.
(i) In case the persons provided for in items (i) to (v), Article 30-7 (Prohibition of Possession) transfers or takes-over a stimulants raw material between them for the businesses or the studies.
(ii) In case the persons provided for in item (vi) or (vii), Article 30-7 takes over stimulants raw materials that are pharmaceuticals from the persons provided for in item (i) or items (iii) to (v) in the same Article for the business.
(iii) In case a doctor or a dentist who is engaged in the medical examination at a hospital or a clinic, a visiting physician, etc. or a veterinarian who is engaged in the medical examination of a rearing animal gives a stimulants raw material that is a pharmaceutical for application and in case the establisher of a hospital or a clinic transfers a stimulants raw material that is a pharmaceutical prepared by a pharmacist pursuant to the prescription of a veterinarian to a person who possesses the said prescription.
(iv) In case a stimulants raw material importer or a stimulants raw material exporter imports or exports a stimulants raw material for the business by an authorization of the Minister of Health, Labour and Welfare pursuant to the provision of paragraph (1) or (2), Article 30-6 (Restriction and Prohibition of Import and Export).
(v) In case of transferring or taking over a stimulants raw material with regard to the execution of the official duty pursuant to the Acts and Ordinances.
(Certificate of Transfer and Certificate of Obtainment)
Article 30-10 (1) In case of transferring or taking over a stimulants raw material (excluding item (iii) or item (iv) in the preceding Article.), a transferring person shall issue a certificate of transfer to an opponent and a taking over person shall issue a certificate of obtainment to the opponent each certificate provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(2) The taking-over person in the preceding paragraph may provide the matters entered in the certificate of obtainment in the method using electronic data processing system and other methods using the information technology provided for under Ordinance of the Ministry of Health, Labour and Welfare, in place of issuing a certificate of obtainment pursuant to the provision of the same paragraph, provided for under a cabinet order and by getting the consent of the said opponent. In this case, it shall be considered that the said taking-over person has issued the said certificate of obtainment.
(3) In case of performing the certificate of transfer or certificate of obtainment or the method in the front of the preceding paragraph, the said issuer and the opponent receiving the data shall keep the electromagnetic records prepared in the said method for two years since the date on which the said stimulants raw material is transferred or is taken over.
(Prohibition of Use)
Article 30-11 Any person shall not use a stimulants raw material, except for each case as listed in the following.
(i) In case each person provided for in items (iii) to (v), Article 30-7 (prohibition of possession) employs the raw material for the business or the study.
(ii) In case a visiting physician, etc. and the persons provided for in item (viii), Article 30-7 administer a stimulants raw material that is a pharmaceutical for the business or employ the material for preparing a medicine.
(iii) In case a person who obtained a stimulants raw material that is a pharmaceutical for administration from a doctor or a dentist engaged in the medical examination at a hospital or a clinic, a visiting physician, etc. or a veterinarian engaged in the medical examination of a rearing animal administers the said stimulants raw material and a person who receives the prescription of a doctor, a dentist or a veterinarian and takes over the stimulants raw material that is a pharmaceutical prepared by a pharmacist pursuant to the said prescription from a pharmacy establisher or the establisher of a hospital or a clinic and administers it.
(iv) In case of using a stimulants raw material based on the Acts and Ordinances.
(Storage)
Article 30-12 (1) A person (it shall be a manager at a hospital or a clinic and be a veterinarian manager at a rearing animal medical examination facility. The same is hereinafter in Article 30-14.) who is provided for in items (i) to (vii), Article 30-7 (prohibition of possession) owns or possesses a stimulants raw material that shall be stored in places as listed in the following, respectively.
(i) The Place of Business or the works or the place of which any importer or exporter or a raw material manufacturer or a manufacturer has notified the Minister of Health, Labour and Welfare in advance through the governor provided for under Ordinances of the Ministry of Health, Labour and Welfare.
(ii) The place of business or the place of which a stimulants raw material handler has notified the governor in advance provided for under Ordinances of the Ministry of Health, Labour and Welfare.
(iii) The laboratory in case of a stimulants raw material researcher or a stimulants researcher.
(iv) The pharmacy in case of the pharmacy establisher.
(v) The hospital or the clinic in case of the manager of the hospital or the clinic, and the address of the visiting physician, etc.
(vi) The facility in case of the veterinarian manager of a rearing animal medical examination facility, and whose address: a veterinarian engaged in the business of medically examining real animals by oneself by visiting examination only.
(2) The storage in the preceding paragraph shall be maintained in a place that could be locked.
(Disposal)
Article 30-13 When a person who is provided for in items (i) to (vii), Article 30-7 (prohibition of possession) intends to dispose of the stimulants raw material the person possesses, the person shall notify the governor controlling the residence of the storage place of the said stimulants raw material and dispose of the said material in the presence of the said official.
(Notification of Accident)
Article 30-14 If a stimulants raw material a person who is provided for in items (i) to (vii), Article 30-7 owns or possesses is lost, is stolen, or is missing, the said person provided for in items (i) to (iii) in the same Article shall quickly notify the Minister of Health, Labour and Welfare of the article names and quantities of the stimulants raw material and the other conditions of the accident through the governor controlling the residence of the said stimulants storage place, and other than the said persons shall notify the governor controlling the residence of the storage place of the said stimulants raw material.
(Measures Obligations When Designation is Nullified, etc.)
Article 30-15 (1) A person who is provided for in items (i) to (vii), Article 30-7 (Prohibition of Possession) (their managers among hospitals or clinics established by the State or local public bodies, if there are no managers, the manager shall be an official who is designated by the establisher, and a veterinarian manager shall be among the real animal medical examination facilities established by the State or local public bodies.), in cases as listed in the following, the persons provided for in items (i) to (iii) in the same Article shall report the storage places of the stimulants raw materials to the Minister of Health, Labour and Welfare through the governor controlling the residents of the storage places, and other than the persons shall report the article names of the stimulants raw materials, quantities the person owns or possesses when the said reasons are generated to the governor controlling the resident of the storage places of the stimulants raw materials within 15 days since the reasons have taken place.
(i) When each designation of the followers such as a stimulants raw material importer, a stimulants raw material exporter, a stimulants manufacturer, a stimulants raw material manufacturer, a stimulants raw material handler, a stimulants raw material researcher or a stimulants researcher cease to be effective, in case an application for designation provided for in (Article 25 (Exception in case of re-designation) (including a case that is applied mutatis mutandis in paragraph (1) in the next Article.) is filed, and a disposition of refusal to the application is executed.).
(ii) When a pharmacy establisher abolishes a drugstore, when the valid term of the authorization expires and the renewal is not accepted, or the authorization is cancelled pursuant to the provisions of paragraph (1), Article 75 of the Pharmaceutical and Medical Equipment Act (cancellation of authorization, etc.).
(iii) When the establisher of a hospital or a clinic abolishes the hospital or the clinic, or when the authorization of the establishment of the hospital or the clinic is cancelled pursuant to the provision of paragraph (1), Article 29 of Medical Service Act (Cancellation and Closing Order of Authorization of Establishment).
(iv) When the establisher of a rearing animal medical examination facility abolishes the facility or the medical examination business,
(2) In the preceding paragraph, a person who shall make the said report of when the stimulants raw material the person owns or possesses is transferred to a person provided for in items (i) to (vii), Article 30-7 and the article names and quantities of the transferred stimulants raw material and the name of the taking- over person (the appellation if it is a legal person) and the address to the Minister of Health, Labour and Welfare through the governor in accordance with the classification provided for in in the preceding paragraph or to the governor within 30 days since the date on which such reasons in each item as listed in the following take place.
(3) If the person provided for in the preceding paragraph can't transfer the said stimulants raw material within the term in the same paragraph, the person shall quickly ask the said official present at the meeting and dispose of the stimulants raw material, and make another disposition under the direction of the said official instead.
(4) Except for a case that the establisher of a hospital or a rearing animal medical examination facility is the State or a local public body in item (iii) or (iv), paragraph (1), the provision of item (iv), Article 24 (Measures Obligation When Designation Ceases to be Effective) shall be applied mutatis mutandis to a person who shall make a report and transfer, disposal and another disposition pursuant to the provision of the preceding three paragraphs with regard to the report and transfer, disposal and other disposition pursuant to the preceding three paragraphs.
(5) In case of the preceding three paragraphs, the provision of Article 30-7 shall not be applied mutatis mutandis to a person who shall transfer, disposes of the stimulants and make another disposition pursuant to the provision of paragraph (2) or paragraph (3) and the heir, the liquidator of these persons, a legal person that exist after a merger or established by a merger and an assistant in the business of these persons for the period between the date on which the reasons as listed in each item in paragraph (1) and transfer, disposal, and another disposition are executed pursuant to the preceding three paragraphs.
(6) The provision of Article 30-9 (Restriction and Prohibition of Transfer and Taking-Over) shall not be applied mutatis mutandis to paragraphs (2) and (4).
(Application Mutatis Mutandis)
Article 30-16 (1) The provision of Article 25 (Excerption for Re-designation) shall be applied mutatis mutandis to a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer, a stimulants raw material handler, and a stimulants raw material researcher. In this case, "a person who had been a stimulants manufacturer" shall be read to "a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer", "Article 6" to "Article 6 applied mutatis mutandis in Article 30-5 (Application Mutatis Mutandis Concerning Designation and Notification)", "a stimulants manufacturer" to "a stimulants raw material importer, a stimulants raw material exporter, a stimulants raw material manufacturer", "a stimulants administering institution or," to "a stimulants raw material handler or", and "those persons and paragraph (1), Article 14 about a person who had been the manager of the said stimulants administering institution" to "those persons and Article 30-7 about an assistant in the business".
(2) The provision of Article 27 (Disposition of Stimulants Vested in National Treasury) shall be applied mutatis mutandis to a stimulants raw material.
(Accounting Books)
Article 30-17 (1) A person who is provided for in item (i) or (ii), Article 30-7 (Prohibition of Possession) shall provide an accounting book by its place of business and enter the matters as listed in the following in it.
(i) Article Names and Quantities and Dates of Stimulants Raw Material imported, exported, transferred, and taken over.
(ii) Name of Opponent or Appellation and Address of Stimulants Raw Material Imported or Exported
(iii) Notified Authority of Article Names and Quantities of Stimulants Pursuant to the provision of Article 30-14 (Notification of Accident)
(2) The persons who are provided for in item (iii) to (v), Article 30-7 shall provide an accounting book by its place of business, its works or its laboratory and enter the matters as listed in the following in it.
(i) Article Names and Quantities and its Dates of Stimulants Raw Material Manufactured, Transferred, Taken Over, or Used for business or studies.
(ii) Notified the authority of the Article Names and Quantities of the Stimulants Raw Material pursuant to the provision of Article 30-14.
(3) A person provided for in the preceding two paragraphs shall keep the accounting book in the preceding two paragraphs for two years since the date on which the matters are finally entered in it.
Chapter VI Supervision
(Collection of Reports)
Article 31 The Minister of Health, Labour and Welfare or the governor, if finding it necessary to control stimulants or stimulants raw materials, shall collect necessary reports from a stimulants manufacturer, the establisher or the manager of a stimulants administering institute or a stimulants researcher or the persons who are provided for in items (i) to (vii), Article 30-7 (prohibition of possession) (including the managers at a hospital or a clinic and its veterinarian managers at the rearing animal medical examination facilities.) and other persons concerned.
(On-the-Spot Inspection, Taking-away and Questions)
Article 32 (1) The Ministry of Health, Labour, and Welfare or the governor, if finding it necessary to control stimulants, shall have the said officials inspect the works, a stimulants storage sales office of a stimulants manufacturer, a hospital or a clinic that is a stimulants administering institution, the laboratory of a stimulants researcher, or other places related to stimulants on the spot to inspect the accounting books, other articles, take articles that are seemingly stimulants or doubtful about stimulants away at a minimum quantity for test or ask a stimulants manufacturer, the establisher or the manager of a stimulants administering institution, a doctor who is engaged in the medical examination at a stimulants administering institution, a stimulants researcher, and others concerned of questions.
(2) The Ministry of Health, Labour, and Welfare or the governor, if finding it necessary to control stimulants, may have the said officials inspect the places (excluding the addresses of visiting physicians, etc. and the addresses of veterinarians who perform the business of medical examination of rearing animals by oneself by house call only.) to inspect the accounting books and other articles, and take articles that are seemingly stimulants or doubtful about stimulants raw material away at a minimum quantity for test, or have the said officials ask the persons provided for in items (i) to (vii), Article 30-7 (prohibition of possession) and others concerned of questions.
(3) The provision in the preceding two paragraphs that are authorized to investigate crimes shall not be construed.
(Stimulants Inspector)
Article 33 (1) The persons who are listed in the following each item shall exercise the official authority of the said officials provide3d for in Article 22-2 (disposal), paragraph (3), Article 24 (disposition of stimulants possessed when designation ceases to be effective), Article 30-13 (disposition), paragraph (3), Article 30-15 (disposition of stimulants raw material possessed when designation ceases to be effective) and paragraphs (1) and (2) in the preceding Article.
(i) A person who is beforehand designated by the Minister of Health, Labour and Welfare among narcotics agents and pharmaceutical inspectors.
(ii) A person who is beforehand designated by the governor among narcotics agents and pharmaceutical inspectors.
(2) A person who is designated pursuant to the provision of item (i) or (ii) in the preceding paragraph shall be called a stimulants inspector.
(3) A stimulants inspector shall take a certificate showing the identification with them in case the stimulants inspector attends the disposition of a stimulants pursuant to the provision of Article 22-2 or paragraph (3), Article 24 or the disposition of a stimulants raw material pursuant to the provision of Article 30-13 or paragraph (3), Article 30-15 or enters, inspects, takes any articles away, asks of questions pursuant to item (i) or (ii) in the preceding Article, and the stimulants inspector must show the certificate to a party concerned if its disclosure is demanded at the request of a party concerned.
(Opinion of Governor Given to Minister of Health, Labour, and Welfare)
Article 34 The governor shall give the gist of the opinions to the Minister of Health, Labour and Welfare, if the said governor finds it imperative to need dispositions to be imposed on a stimulants manufacturer or a stimulants raw material importer or a stimulants raw material exporter or a stimulants raw material manufacturer pursuant to the provision of paragraph (1), Article 8 or paragraph (1), Article 30-3 (cancellation of designation and suspension of business, etc.).
Chapter VI Miscellaneous Rules
(Conditions of Designation or Authorization)
Article 34-2 (1) Any condition may be added to a designation or authorization provided for under this Act and this may be changed.
(2) The condition in the preceding paragraph shall be a minimum at least indispensable to preventing any hazard or risk in health and hygiene from being generated by abusing a stimulants or a stimulants raw material.
(Exemption Concerning Criminal Identification Stimulants, etc.)
Article 34-3 (1) The Minister of Health, Labour and Welfare may import, manufacture or take over a stimulants or a stimulants raw material to be used for criminal identification concerning a stimulants or a stimulants raw material irrespective of the provisions of this Act.
(2) The Minister of Health, Labour and Welfare shall import or manufacture pursuant to the provision of the preceding paragraph, or shall give a taken- over stimulants or stimulants raw material to the National or the local prefectural institutions who execute criminal identification concerning stimulants or stimulants raw materials.
(3) The head of an institution who receives a stimulants or a stimulants raw material from the Minister of Health, Labour and Welfare pursuant to the provision of the preceding paragraph shall provide an accounting book and enter the matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare such as article names and quantities and their dates of a stimulants or a stimulants raw material used for criminal identifications concerning stimulants or stimulants raw material in the book.
(4) If the Minister of Health, Labour and Welfare is requested from a foreign government to the effect that the said government would like to import a stimulants or a stimulants raw material to be used for criminal identification concerning a stimulants or a stimulants raw material, the said Minister exports what Japan may import, and manufacture ones pursuant to the provision of the paragraph (1) or a taken- over a stimulants or a stimulants raw material or a stimulants or a stimulants raw material vested in the national treasury pursuant to the provision of the Acts and Ordinances to the said foreign government regardless of the provision of this Act.
(Designated Procedure of Stimulants Administering Institution Established by the State and Local Prefectural Governments)
Article 35 (1) The Minister of Health, Labour and Welfare may consult with the competent Minister about the hospitals or clinics to be established by the State to designate a stimulants administering institution irrespective of the provision of the portion concerning the appointer in paragraph (1), Article 3 (requirements of designation) and the provision of paragraph (2), Article 4 (application procedure of designation).
(2) The governor may designate a hospital or clinic to be established by a prefectural government as a stimulants administering institution irrespective of the provision of paragraph (2), Article 4.
(3) If the Minister of Health, Labour and Welfare has designated a stimulants administering institution about a hospital or a clinic to be established by the State pursuant to the provision of paragraph (1),
(Change of Obligator for Notification, etc. at Stimulants Administering Institution to be Established by the State or a Local Prefectural Government)
Article 36 (1) With regard to a stimulants administering institution to be established by the State or a local prefectural government, the manager of the said administering institution (an official designated by the establisher if there is no manager) shall report a notification, the return of a designation certificate as listed in the below-mentioned and any reports to the minister of health, labour, and welfare through the governor controlling the residence of the hospital or the clinic in case of a stimulants administering institution to be established by the State, and shall report the reported matters to the governor controlling the residence of the hospital or the clinic in case of a stimulants administering institution to be established by a local prefectural government.
(i) Notification pursuant to the provision of paragraph (2), Article 9 (Notification of Abolition of Medical Examination, etc.)
(ii) Return of a Designation Certificate pursuant to the provision of paragraph (1), Article 10 (return of designation certificate when designation ceases to be effective)
(iii) Return of the old designation certificate pursuant to the provision of paragraph (2), Article 11 (return of old designation certificate after filing re-issuance application)
(iv) Notification of paragraph (2), Article 12 (notification of change appellation)
(v) Reporting pursuant to item (i), Article 24 (Reporting article names and quantities of stimulants possessed when designation ceases to be effective and to item (ii) (Transfer of stimulants possessed when designation ceases to be effective and its report).
(2) The manager of the administering institution (an official designated by the establisher if there is no manager) shall exercise the transfer or disposition of stimulants pursuant to paragraph (2), Article 24 (transfer of stimulants possessed when designation ceases to be effective and its report) or paragraph (3) (disposition of stimulants possessed when designation ceases to be effective) with regard to stimulants administering institution to be established by the State or a local prefectural government.
(3) The provisions of paragraph (5), Article 24 (exception for prohibition of possession) and paragraph (6) (exception for restriction and prohibition of transfer and taking-over) shall be mutatis mutandis to the preceding paragraph.
(Delegation of Exception of Stimulants Administering Institution Established by the State)
Article 37 An necessary exception about what the provision of this Act is applied to a stimulants administering institution established by the State shall be provided for under Ordinances of the Ministry of Health, Labour and Welfare in addition to what are provided for under this Act.
(Handling Fee)
Article 38 A person who is as listed in each item in the following shall pay an amount of the handling fee provided for under a cabinet order in the national treasury by calculating an actual fee required for the national examination to an application in the said each item, respectively.
(i) A person who files an application for the designation of a stimulants manufacturer.
(ii) A person who files an application for the designation of a stimulants raw material importer.
(ii) A person who files an application for the designation of a stimulants raw material exporter.
(iv) A person who files an application for the designation of a stimulants raw material manufacturer.
(v) A person who files an application for re-issuance of designation certificate of a stimulants manufacturer, a stimulants raw material importer, a stimulants raw material exporter or a stimulants raw material manufacturer.
(Price of Certificate Stamp)
Article 39 A person who needs a certificate stamp pursuant to paragraph (1), Article 21 (enclosed manufactured stimulants with a certificate stamp) shall pay an amount provided for under Ordinances of the Ministry of Health, Labour and Welfare within an actual cost as a price in the national treasury.
(Exception of Deadline If there are a going through agency)
Article 40 With regard to a notification, the return or submission or report of a designation certificate to the Minister of Health, Labour and Welfare through the governor pursuant to the provision of this Act, if a notification document, a designation certificate or a report is filed with the Minister of Health, Labour and Welfare within the deadline provided for in the said provision, it shall be considered that these actions are taken within a predetermined deadline.
(Classification of Affairs)
Article 40-2 The affairs pursuant to the provisions of paragraph (1), Article 4 (via of application of designation) (including a case that is applied mutatis mutandis in Article 30-5.), paragraph (2), Article 5 (via of issuance of designation certificate) (including a case that is applied mutatis mutandis in Article 30-5.), paragraph (1), Article 9 (via of notification of abolition, etc. of business), paragraph (1), Article 10 (via of return of designation certificate) and paragraph (2) (via of submission of designation certificate) (this shall be limited to the portion of a stimulants manufacturer and including a case that these provisions are applied mutatis mutandis in Article 30-5.), paragraph (1), Article 12 (via of notification of changes such as names or addresses) (including a case that is applied mutatis mutandis in Article 30-5.), paragraph (2), Article 15 (via of application of authorization of manufacturing), paragraph (5), Article 17 (via of authorization application of transfer or take-over), paragraph (6), Article 20 (via of authorization application of administering or issuance), paragraph (1), Article 22 (via of notification of stimulants storage sales office), Article 22-2 (disposal), Article 23 (notification of accident), paragraph (1), Article 24 (report of article names and quantities of stimulants possessed when designation ceases to be effective) and paragraph (2) (transfer and its report of stimulants possessed when designation ceases to be effective), Article 29 (report of stimulants manufacturer), Article 30 (manager of stimulants administering institution and report of a stimulants researcher), paragraph (1), Article 30-4 (via of notification of abolition, etc. of business of stimulants raw material importer, etc.) (limiting the portion of a stimulants raw material importer, a stimulants raw material exporter or a stimulants raw material manufacturer.), paragraph (3), Article 30-6 (via of application of importing and exporting authorization of a stimulants raw material), item (i), paragraph (1), Article 30-12 (via of notification of storage place of stimulants raw material) and item (ii) (notification of storage place of stimulants raw material), Article 30-13 (disposal of stimulants raw material), Article 30-14 (notification of accident of stimulants raw material), paragraph (1), Article 30-15 (report of article names and quantities of stimulants raw material owned and possessed when designation ceases to be effective) and paragraph (2) (transfer of stimulants raw material owned and possessed when designation ceases to be effective and its report), Article 31 (collection of reports), paragraph (1), Article 32 (entering the stimulants storage, etc. for inspection, taking away, and questions) and paragraph (2) (entering the stimulants storage, etc. for inspection, taking away, and questions), paragraph (3), Article 35 (via of issuance of designation certificate to stimulants administering institution established by the State) and paragraph (1), Article 36 (via of notification, etc. at a stimulants administering institution established by the State) that are processed by a local prefectural government shall be No. 1 statutory entrusted function provided for in item (i), paragraph (9), Article 2 of the local autonomy Act (Act No. 67 of 1947).
(Delegation of Authority)
Article 40-3 (1) The authority of the Minister of Health, Labour and Welfare provided for under this Act may be delegated to the chief of the regional bureau of health and welfare provided for under Ordinance of the Ministry of Health, Labour and Welfare.
(2) The authority delegated to the chief of the regional bureau of health and welfare pursuant to the provision of the preceding paragraph may be delegated to a branch manager of the regional bureau of health and welfare provided for under Ordinances of the Ministry of Health, Labour and Welfare.
(Transitional Measures)
Article 40-4 If a cabinet order is enacted based on this Act, or is revised or abolished, a desired transitional measure (including a transitional measure concerning a punishment.) may be provided for under the cabinet order within the reasonably necessarily judged scope accompanied by the enactment or revision and abolition.
Chapter VII Punishment
(Punishment)
Article 41 (1) A person who unlawfully imports stimulants to Japan or a foreign country, exports them from Japan or a foreign country, or manufactures them (excluding a person who falls under item (ii), paragraph (1), Article 41-5.) shall be sentenced to serve a prison term of not less than one year.
(2) A person who violates the preceding offense for the purpose of profit shall be sentenced to serve at least imprisonment or a prison term of not less than three years, or shall be sentenced to serve at least imprisonment or a prison term of not less than three years and to fine not more than 10,000,000 yen for the attenuating circumstances.
(3) A person who violates the attempted crimes in the preceding two paragraphs shall be sentenced.
Article 41-2 (1) A person who unlawfully possesses, transfers a stimulants or takes over a stimulants from others (excluding a person who falls under item (v), Article 42.) shall be sentenced to serve a prison term of not more than ten years.
(2) A person who violates the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not less than one year, or to serve of not less than one year and fine not more than 5,000,000 yen for the attenuating circumstances.
(3) A person who violates the attempted offense in the preceding two paragraphs.
Article 41-3 (1) A person who falls under any of each item in the following shall be sentenced to serve a prison term of not more than ten years.
(i) A person who violates the provision of Article 19 (prohibition of use).
(ii) A person who violates the provision of paragraph (2) or (3), Article 20 (restricting of administering, etc. for the purpose of other than medical examination for others or restricting of administering, etc. for palliation of poisoning or medical treatment).
(iii) A person who violates the provision of Article 30-6 (restriction and prohibition of import and export).
(iv) A person who violates the provision of Article 30-8 (prohibition of manufacturing).
(2) A person who violates an illegal offense in the preceding for the purpose of profit shall be sentenced to serve a prison term of not less than one year, or to serve a prison term of not less than one year and fine not more than 5,000,000 yen.
(3) A person who violates the attempted offense in the two preceding paragraphs shall be sentenced.
Article 41-4 (1) A person who falls under any of each item in the following shall be sentenced to serve a prison term of not more than seven years.
(i) A person who violates the provision of paragraph (1), Article 20 (restriction of administering, etc. of uncontrolled stimulants)
(ii) A person who violates the provision of paragraph (5), Article 20 (restriction of administering, etc. of stimulants researcher).
(iii) A person who violates the provision of Article 30-7 (prohibition of possession)
(iv) A person who violates the prohibition of Article 30-9 (restriction and prohibition of transfer and take-over).
(v) A person who violates the provision of Article 30-11 (prohibition of use).
(2) A person who commits violative conducts items (ii) to (v) in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not more than ten years, or to serve a prison term of not more than ten years and fine not more than 3,000,000 yen.
(3) A person who violates the attempted crimes in items (ii) to (v) in paragraph (1) and the preceding paragraph (1) (limiting to item (ii) to (v) in paragraph (1)) shall be sentenced.
Article 41-5 (1) A person who falls under any of each item in the following shall be sentenced to serve a prison term of not more than three years or to fine not more than 500,000 yen, or both a sentence and a fine shall be imposed cumulatively.
(i) A person who violates an order to suspend a business or a study pursuant to the provision of paragraph (1), Article 8 (cancellation of designation and suspension of business, etc.).
(ii) A person who violates the provision of paragraph (4), Article 15 (restriction of manufacturing)
(iii) A person who violates the provision of Article 20-2 (restriction of advertisement)
(iv) A person who violates an order to suspend a business or a study pursuant to the provision of paragraph (1), Article 30-3 (cancellation of designation and suspension of business, etc.).
(2) A person who violates the attempted offense in item (ii) in the preceding paragraph shall be sentenced.
Article 41-6 A person who has made a preparation to commit a crime in paragraph (1) or (2), Article 41 shall be sentenced to serve a prison term of not more than five years.
Article 41-7 A person who has made a preparation to commit a crime in item (iii) or (iv), paragraph (1), Article 41-3 or paragraph (2) (limiting to the portion pertaining to item (iii) or (iv), paragraph (1) in the same Article.) shall be sentenced to serve a prison term of not more than five years.
Article 41-8 (1) A stimulants or a stimulants raw material pertaining to the crimes in Article 41 to the preceding Article and a criminal owns or possesses shall be seized. However, what a person other than the criminal possesses may not be seized.
(2) In connection with committing the crimes (excluding the crimes in Article 41-3 to Article 41-5 and the preceding Article) provided for in the preceding paragraph, the vessels, aircrafts or vehicles used to transport the stimulants may be seized.
Article 41-9 A person who has provided or transported the fund(s), land(s), building(s), vessel(s), aircraft(s), vehicle(s), arrangement(s), machinery, device(s) or raw materials (excluding the stimulants raw materials.) in need for the conducts equivalent to the crime in paragraph (1) or (2), Article 41 as the person fully knows about the conditions in connection with the crimes shall be sentenced to serve a prison term of not more than five years.
Article 41-10 A person who has provided or transported the fund(s), land(s), building(s), vessel(s), aircraft(s), vehicle(s), arrangement(s), machinery, device(s) or raw materials (excluding the stimulants raw materials.) in need for the conducts equivalent to the crime in item (iii) or (iv), paragraph (1), Article 41-3 or paragraph (2) (limiting to the portion pertaining to item (iii) or (iv), paragraph (1) in the same Article) as the person fully knows about the conditions in connection with the crimes shall be sentenced to serve a prison term of not more than five years.
Article 41-11 A person who mediates between the transfer and the take-over of the stimulants falling under the crime in Article 41-2 shall be sentenced to serve a prison term of not more than three years.
Article 41-12 A person who has committed the crimes in Article 41, Article 41-2, Article 41-6, Article 41-9 and the preceding Article shall be sentenced to serve a prison term of the penal provision in Article 2 of Penal Code.
Article 41-13 A person who mediates between the transfer and take-over of the stimulants raw material that is prohibited pursuant to the provision of Article 30-9 (restriction and prohibition of transfer and take-over) shall be sentenced to serve a prison term of not more than three years.
Article 42 A person who falls under any of each item in the following shall be sentenced to serve a prison term of not more than one year or fine 200,000 yen, or the concurrent punishments shall be imposed.
(i) A person who violates the provision of paragraph (3), Article 5 (prohibition of transfer and lending of designation certificate)
(ii) A person who violates the provision of Article 16 (manager of stimulants administering institution)
(iii) A person who has not issued a transfer certificate or taking-over certificate in violation of the provision of paragraph (1), Article 18, or has made a false record on it, or has made a false record on an electromagnetic provided for in paragraph (3) in the same Article (transfer certificate and take-over certificate and storage of electromagnetic record).
(iv) A person who violates the provision of paragraph (4), Article 18 (prohibition of transfer certificate and take-over certificate and electromagnetic record)
(v) A person who violates the provision of paragraph (1), Article 21 (enclosure with certificate stamp) or paragraph (2) (prohibition of transfer of take-over of stimulants not enclosed with certificate stamp)
(vi) A person who violates the provision of Article 23 (storage and exchange of storage).
(vii) A person who violates the provision of Article 22-2 (disposition).
(viii) A person who has not filed a notification pursuant to the provision of Article 23 (notification of accident), or filed a false notification with the authority.
(ix) A person who has not reported pursuant to the provisions of paragraph (1), Article 24 (report of the article names and quantities of the stimulants possessed when designation ceases to be effective), paragraph (2) (transfer and its report of the stimulants possessed when designation ceases to be effective) or the provision of paragraph (4) (transfer of report obligation when at decease or dissolved) or the provision of paragraph (1), Article 36 (change of obligator in charge of notification, etc. at stimulants administering institution to be established by the State or a local prefectural government) concerning paragraph (1) and (2) in the same Article, or has made a false report instead.
(x) A person who has violated the provisions of paragraph (3), Article 24 (disposition of stimulants possessed when designation ceases to be effective) or paragraph (4) (movement of transfer and disposition obligation when at decease or dissolved or paragraph (2), Article 36 (change of obligator of disposition at stimulants administering institution to be established by the State or a local prefectural government concerning paragraph (3) in the same Article.
(xi) A person who has not provided an accounting book or not entered the matters or has entered false records in it pursuant to the provision of paragraph (1), Article 28 (provision of accounting book and entering in it).
(xii) A person who has not reported pursuant to the provision of Article 29 (report of stimulants manufacturer) or has made a false report.
(xiii) A person who has not reported pursuant to the provision of Article 30 (reports of manager of stimulants administering institution and stimulants researcher) or has made a false report.
(xiv) A person who has violated the provision of paragraph (3), Article 5 applied mutatis mutandis in Article 30-5 (application mutatis mutandis concerning designation and notification).
(xv) A person who violates the provision of Article 30-6-2 (indication when exporting).
(xvi) A person who has neither issued a transfer certificate nor a take-over certificate in violation of the provision of paragraph (1), Article 30-10 (issuance of transfer certificate and take-over certificate), or entered false matters, or entered false records on an electromagnetic record provided for in paragraph (3) in the same Article (storing a transfer certificate and take-over certificate and electromagnetic records).
(xvii) A person who violates the provision of Article 30-12 (storage).
(xviii) A person who violates the provision of Article 30-13 (disposal).
(xix) A person who has not filed a notification pursuant to the provision of Article 30-14 (notification of accident), or has filed false notifications.
(xx) A person who has not reported pursuant to the provisions of paragraph (1), Article 30-15 (report of article names and quantities of stimulants owned or possessed when designation ceases to be effective, etc.) or paragraph (2) (transfer and its report of stimulants raw material owned or possessed when designation ceases to be effective, etc.) or paragraph (4), Article 24 applied mutatis mutandis in paragraph (4) in the same Article (movement of report obligator when decease and dissolved), or has made false reports.
(xxi) A person who violates the provisions of paragraph (3), Article 30-15 (other dispositions and disposal of stimulants owned or possessed when designation cases to be effective, etc.) or paragraph (4), Article 24 applied mutatis mutandis in paragraph (4) in the same Article (movement of report obligator when deceased or dissolved).
(xxii) A person who has not provided an accounting book or not entered the matters or has entered false matters in it pursuant to the provisions of paragraph (1) or (2), Article 30-17 (provision of accounting book and entering in it).
Article 42-2 A person who falls under any of each item in the following shall be sentenced to fine not more than 200,000 yen.
(i) A person who violates the provisions of Article 9 (notification of abolition, etc. of business) or paragraph (1), Article 36 (change of obligator of notification, etc.at stimulants administering institution to be established by the State or a local government) concerning paragraph (2) in the same Article
(ii) A person who violates the provision of paragraph (3), Article 18 (storing transfer certificate and take-over certificate and electromagnetic records)
(iii) A person who violates the provision of paragraph (2), Article 28 (keeping of accounting book).
(iv) A person who violates the provision of Article 30-4 (notification of abolition, etc. of business).
(v) A person who violates the provision of paragraph (3), Article 30-10 (storing of transfer certificate and take-over certificate and electromagnetic records).
(vi) A person who violates the provision of paragraph (3), Article 30-17 (keeping of accounting book).
(vii) A person who has not made a report pursuant to the provision of Article 31 (collection of reports) or has made a false report.
(viii) A person who refuses to enter for inspection or take away, prevent, or evade, or not answer to questions, or make a false statement pursuant to the provisions of paragraph (1) or (2), Article 32 (enter for inspection, take away and questions).
(Administrative Penalty)
Article 43 A person who falls under any of each item in the following (its representative if it is a legal person) shall be sentenced to fine not more than 100,000 yen.
(i) A person who violates the provisions of paragraph (1), Article 10 (return of designation certificate) or paragraph (2) (submission of designation certificate) or paragraph (1), Article 36 concerning paragraph (1) in the same Article (change of obligator of notification, etc. at stimulants administering institution established by the State or a local prefectural government).
(ii) A person who violates the provisions of paragraph (2), Article 11 (return of old designation certificate) or paragraph (1), Article 36 concerning the same paragraph of the same Article.
(iii) A person who violates the provisions of Article 12 (change notification of name or address, etc.) or paragraph (1), Article 36 concerning paragraph (2) in the same Article.
(iv) A person who violates the provision of paragraph (4), Article 20 (including a case that is applied mutatis mutandis in paragraph (6) in the same Article.) (proceedings of issuance for administering).
(v) A person who violates the provisions of paragraph (1) or paragraph (2), Article 10 applied mutatis mutandis in Article 30-5 (application mutatis mutandis concerning designation and notification).
(vi) A person who violates the provision of paragraph (2), Article 11 applied mutatis mutandis in Article 30-5.
(vii) A person who violates the provision of Article 12 applied mutatis mutandis in Article 30-5.
(Dual Criminal Liability Provision)
Article 44 If the representative of a legal person or the deputy of a legal person or a person, a servant, another employee commits offenses in paragraph (2) or (3), Article 41, paragraph (2) or (3) in connection with the business of the legal person or the business of the person, or commits violative conducts in Article 41-2 or paragraph (2) or (3), Article 41-3 or paragraph (2) or (3), Article 41-4, Article 41-5, Article 42 or Article 42-2, the legal person or the person shall be sentenced to fine each of the Article in addition to what a performer thereof shall be sentenced.
Supplementary Provisions [Extract]
(Effective Date)
1. This Act shall come into force as of the date on which 30 days have lapsed since the date of promulgation. 1. This Act shall come into force as of the date on which 30 days have lapsed since the date of promulgation.
Supplementary Provisions [Act No. 136 of June 1, 1954] [Extract]
(Effective Date)
1. This Act shall come into force as of the date of promulgation. However, the provision of Article 11 shall come into force as of July 1, 1954. 1. This Act shall come into force as of the date of promulgation. However, the provision of Article 11 shall come into force as of July 1, 1954.
Supplementary Provisions [Act No. 177 of June 12, 1954] [Extract]
(Effective Date)
1. This Act shall come into force as of the date of promulgation. 1. This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 171 of August 20, 1955] [Extract]
1. This Act shall come into force as of the date on which 30 days have elapsed since the date of promulgation. 1. This Act shall come into force as of the date on which 30 days have elapsed since the date of promulgation.
Supplementary Provisions [Act No. 5 of March 10, 1958] [Extract]
(Effective Date)
1. This Act shall come into force as of the date provided for in a cabinet order within the scope not exceeding six months from the date of promulgation. 1. This Act shall come into force as of the date provided for in a cabinet order within the scope not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 145 of August 10, 1960] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 111 of June 1, 1970] [Extract]
(Effective Date)
1. This Act shall come into force as of the date of promulgation. 1. This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 103 of June 26, 1972] [Extract]
(Effective Date)
1. This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three months from the date of promulgation. However, the provisions of Article 2, Article 3 and paragraph (3) of Supplementary Provisions. 1. This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three months from the date of promulgation. However, the provisions of Article 2, Article 3 and paragraph (3) of Supplementary Provisions.
Supplementary Provisions [Act No. 114 of October 15, 1973] [Extract]
(Effective Date)
(1) 1. This Act shall come into force as of the date on which one month has lapsed since the date of promulgation.
(Transitional Measures)
2. When this Act comes into force, a person who is engaged in the business of manufacturing stimulants raw material or manufactures for the business or in the business of transferring stimulants raw material, or a person who uses the stimulants raw material for the business (limiting to a person who can perform the said conduct pursuant to the provision of Stimulants Control Act before its revision (hereinafter "the old Act" is referred to.), after this Act comes into force, a person who can't perform the said conduct after the designation provided for under Article 30-2 of Stimulants Control Act after its revision (hereinafter "the New Act" is referred to.) shall be individually regarded as the stimulants raw material manufacturer pursuant to the provision of the same Act or a person who is authorized to be designated as a stimulants raw material handler for 30 days on which this Act comes into force, the provisions of the New Act shall be applied to each. In case that the person has applied for the said designation within the term, when the term has already lapsed, the same shall apply in a period until a disposition is to be executed on whether or not the application is designated. 2. When this Act comes into force, a person who is engaged in the business of manufacturing stimulants raw material or manufactures for the business or in the business of transferring stimulants raw material, or a person who uses the stimulants raw material for the business (limiting to a person who can perform the said conduct pursuant to the provision of Stimulants Control Act before its revision (hereinafter "the old Act" is referred to.), after this Act comes into force, a person who can't perform the said conduct after the designation provided for under Article 30-2 of Stimulants Control Act after its revision (hereinafter "the New Act" is referred to.) shall be individually regarded as the stimulants raw material manufacturer pursuant to the provision of the same Act or a person who is authorized to be designated as a stimulants raw material handler for 30 days on which this Act comes into force, the provisions of the New Act shall be applied to each. In case that the person has applied for the said designation within the term, when the term has already lapsed, the same shall apply in a period until a disposition is to be executed on whether or not the application is designated.
3. With regard to a person is regarded as a person who is designated as a stimulants raw material manufacturer or a stimulants raw material handler pursuant to the provision of the preceding paragraph (excluding a person who has applied for the designation of a stimulants raw material manufacturer or a stimulants raw material handler and who is designated in the said designation.), if the term in the front part of the same paragraph has already lapsed (in case the rear part of the same paragraph, if a denial disposition is executed over the said application after the said term is over, in case the disposition is already done), it shall be considered that the reasons provided for in item (i), paragraph (1), Article 30-15 of the New Act take place, the provision (including the provision of the punishment pertaining to this.) of the same Article shall be applied. 3. With regard to a person is regarded as a person who is designated as a stimulants raw material manufacturer or a stimulants raw material handler pursuant to the provision of the preceding paragraph (excluding a person who has applied for the designation of a stimulants raw material manufacturer or a stimulants raw material handler and who is designated in the said designation.), if the term in the front part of the same paragraph has already lapsed (in case the rear part of the same paragraph, if a denial disposition is executed over the said application after the said term is over, in case the disposition is already done), it shall be considered that the reasons provided for in item (i), paragraph (1), Article 30-15 of the New Act take place, the provision (including the provision of the punishment pertaining to this.) of the same Article shall be applied.
4. When this Act comes into force, the provision of the new Act shall be applied to a person who is currently authorized to import the stimulants raw material provided for in item (i) or (ii), paragraph (1), Article 30-6 of the Old Act with regard to importing, possessing, transferring or taking over the stimulants raw material pertaining to the said authorization that shall be regarded as a stimulants raw material importer authorized to import a stimulants raw material pursuant to the provision of paragraph (1), Article 30-6 of the New Act for 60 days from the date of the said import. 4. When this Act comes into force, the provision of the new Act shall be applied to a person who is currently authorized to import the stimulants raw material provided for in item (i) or (ii), paragraph (1), Article 30-6 of the Old Act with regard to importing, possessing, transferring or taking over the stimulants raw material pertaining to the said authorization that shall be regarded as a stimulants raw material importer authorized to import a stimulants raw material pursuant to the provision of paragraph (1), Article 30-6 of the New Act for 60 days from the date of the said import.
5. When this Act comes into force, the provision of the new Act shall be applied to a person who is currently authorized to export the stimulants raw material pursuant to the provision of paragraph (2), Article 30-6 of the old Act with regard to exporting, possessing, transferring, or taking over the stimulants raw material pertaining to the said authorization regarded as the stimulants raw material exporter authorized pursuant to the provision of paragraph (2), Article 30-6 of the New Act for 30 days since the date of this Act coming into force. 5. When this Act comes into force, the provision of the new Act shall be applied to a person who is currently authorized to export the stimulants raw material pursuant to the provision of paragraph (2), Article 30-6 of the old Act with regard to exporting, possessing, transferring, or taking over the stimulants raw material pertaining to the said authorization regarded as the stimulants raw material exporter authorized pursuant to the provision of paragraph (2), Article 30-6 of the New Act for 30 days since the date of this Act coming into force.
6. The provision of Article 30-15 of the New Act shall be applied to a person who falls under the reasons in each item as listed in paragraph (1) in the same Article after this Act comes into force, and the provision of the same Article then in force shall be applicable to a person who falls under the reasons in each item as listed in paragraph (1) in Article 30-13 of the old Act before the same day. 6. The provision of Article 30-15 of the New Act shall be applied to a person who falls under the reasons in each item as listed in paragraph (1) in the same Article after this Act comes into force, and the provision of the same Article then in force shall be applicable to a person who falls under the reasons in each item as listed in paragraph (1) in Article 30-13 of the old Act before the same day.
7. The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force and the conducts after this Act comes into force pursuant to the provision of Article 30-13 of the old Act pursuant to the provision of the preceding paragraph. 7. The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force and the conducts after this Act comes into force pursuant to the provision of Article 30-13 of the old Act pursuant to the provision of the preceding paragraph.
Supplementary Provisions [Act No. 33 of June 19, 1990] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Article 5 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 93 of October 5, 1991]
(Effective Date)
(1) 1. This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation.
(Transitional Measures)
2. When this Act comes into force, a person who is currently engaged in the business of importing or exporting Nacortics/Psychotics raw material pursuant to the provision of item (vii), Article 2 of the Nacortics and Psychotropics Control Act (hereinafter "the New Act" is referred to.) after its revision pursuant to the provision of Article 1, or when this Act comes into force, a person who is currently engaged in the business of manufacturing the specified nacortics and psychopropics raw materials pursuant to item (xxxx) in the same Article (including adding chemical reactions to refining and nacortics and psychopropics raw materials or making nacortics and psychopropics raw material without adding any chemical reactions. However, excluding "preparing medicines".), subdividing (subdividing the nacortics and psychotropics raw materials taken over from others and putting them into tinny containers.), or when applying the provision of Article 50-27 to a person who is engaged in the business, "beforehand" in the same Article to "within one month from the date of promulgation of the Act (Act No. 93 of 1991) that partially revises the Nacortics and Psychotropics Control Act". 2. When this Act comes into force, a person who is currently engaged in the business of importing or exporting Nacortics/Psychotics raw material pursuant to the provision of item (vii), Article 2 of the Nacortics and Psychotropics Control Act (hereinafter "the New Act" is referred to.) after its revision pursuant to the provision of Article 1, or when this Act comes into force, a person who is currently engaged in the business of manufacturing the specified nacortics and psychopropics raw materials pursuant to item (xxxx) in the same Article (including adding chemical reactions to refining and nacortics and psychopropics raw materials or making nacortics and psychopropics raw material without adding any chemical reactions. However, excluding "preparing medicines".), subdividing (subdividing the nacortics and psychotropics raw materials taken over from others and putting them into tinny containers.), or when applying the provision of Article 50-27 to a person who is engaged in the business, "beforehand" in the same Article to "within one month from the date of promulgation of the Act (Act No. 93 of 1991) that partially revises the Nacortics and Psychotropics Control Act".
3. The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force. 3. The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 46 of May 20, 1992] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of promulgation of the Act (Act No. 45 of 1992. Hereinafter "the revised Act" is referred to.) that partially revises the Veterinarian Act.
(Transitional Measures Concerning Punishment)
Article 5 The penal provisions then in force shall remain applicable to the conducts in violation of the provision of the Stimulants Control Act before its revision committed pursuant to the provision of the preceding Article before this Act comes into force.
Supplementary Provisions [Act No. 89 of November 12, 1993] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of promulgation of the Administrative Procedures Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Disposition Consulted, etc.)
Article 2 Before this Act comes into force, when opportunities for hearing or excuses given provided for under Article 13 of the Administrative Procedures Act asking councils, other consultative organizations to take other procedures for making statements, taking other alternative procedures, and similar requests are sought, with regard to adverse dispositions pertaining to others who may positively participate in the activities, the procedures then in force shall remain applicable to seeking for such opportunities in spite of the relevant Acts before and after their revisions.
(Transitional Measurements Concerning Punishment)
Article 13 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
(Transitional Measures Accompanied by Arrangements of Provisions Concerning Hearings)
Article 14 Before this Act comes into force, hearings (excluding ones pertaining to adverse dispositions.) or it shall be considered that procedures for these actions have been performed by equivalent provisions of relevant Acts after its revision.
(Delegation to Cabinet Order)
Article 15 The necessary transitional measures concerning the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under Article 2 to the preceding Article of Supplementary Provisions.
Supplementary Provisions [Act No. 87 of July 16, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of April 1, 2000. However, each provision as listed in the said each item shall come into the date provided for in each item.
(i) The revised provision adding Article 5, a section-name and two subsections and subsection name next to Article 250 of Local Autonomy Act in Article 1 (limiting to pertaining to the part in paragraph (1), Article 250-9 in the same Act (limiting to the part pertaining to getting the agreement of both Houses.)), the revised provision of item (viiii) and (x) Supplementary Provisions to the Natural Park Act in Article 40 (limiting to the part pertaining to item (x) of Supplementary Provisions to the same Act), the provision of Article 244 (deleting the part pertaining to the revised provision in Article 14-3 of the Agricultural Improvement and Promotion Act) and the provision of Article 472 (excluding the part pertaining to the revised provisions of Article 6, Article 8 and Article 17 of the Old Act on Special Provisions of the Merger of Municipalities) and the provisions of Article 7, Article 10, Article 12, Proviso in Article 59, paragraphs (4) and (5), Article 60, Article 73, Article 77, paragraphs (4) to (6), Article 157, Article 160, Article 163, Article 164 and Article 202 of Supplementary Provisions The Date of Promulgation
(Transitional Measures Concerning Affairs, etc. Then in Force)
Article 69 The affairs of the governor of the matters then in force pursuant to the provisions of paragraph (1), Article 32, paragraph (1), Article 78 and paragraphs (1) and (13), Article 87 of Supplementary Provisions to the Act (Act No. 34 of 1985) that partially revises the National Pension Act, etc., the authority or official authority (hereinafter the "affairs, etc.") shall be the Minister of Health, Labour and Welfare who is authorized to practice the affairs or the authority equivalent to the said affairs , etc. pursuant to the national pension Act, the welfare pension insurance Act, the Seamen's Insurance Act or the provisions of orders based these Acts or the Commissioner of the social insurance agency or the Director-General of a Regional Social Insurance Bureau, and the head of a social insurance office, thus the affairs or authority is descending from the top to the bottom like this. Finally, the affairs or authority shall go to the head of a social insurance office.
(Exception of Application of Paragraph (4), Article 156 of the New Local Autonomy Act)
Article 70 The local social insurance bureau and the social insurance office of Article 14 of the Act for Establishment of the ministry of health and welfare after is revision pursuant to the provision of Article 166, when this Act comes into force, the provision of paragraph (4), Article 156 of the new local autonomy Act shall not be applied to what is established at the same position (including a city (including a special ward.) limiting to the local social insurance bureau in a city where a prefectural government is located) as the prefectural institution (limiting to one dealing with a local social insurance relevant affairs.) deal with the affairs of Article 8 of Supplementary Provisions to the old local autonomy Act.
(Transitional Measures Concerning Social Insurance Related Local Official)
Article 71 When this Act comes into force, a person who is currently an official provided for under Article 8 of Supplementary Provisions to the old local autonomy (limiting to a person who is appointed by the minister of health, labour, and welfare or appointed by a person who receives its delegation. The "social insurance relevant local official" is referred to in Article 158 of Supplementary Provisions.), shall become an official of an equivalent local social insurance bureau or the social insurance office as long as a letter of appointment is not separately issued.
(Transitional Measures Concerning Local Social Insurance Medical Council)
Article 72 A local social insurance medical council pursuant to the provisions of the social insurance medical council before its revision pursuant to the provision of Article 169 and its chairman, a committee member, and the expert members are the equivalent local insurance bureau of a local social insurance medical council and its chairman, a committee member, and expert members and shall exist with an identity thereof.
(Preparatory Actions)
Article 73 The designation pursuant to the provision of item (ii), paragraph (1), Article 92-3 of the national pension Act after its revision pursuant to the provision of Article 200 and a public notice pursuant to the provision of paragraph (2) in the same Article may be exercised even before the provision of Article 200 comes into force.
(Transitional Measures Pertaining to Re-examination Claim to Minister of Health, Labour, and Welfare)
Article 74 The re-examination claims based on the provisions of paragraph (2), Article 59-4 of the Child Welfare Act before its revision pursuant to the provisions of Article 74 Article 149 to Article 151, Article 157, Article 158, Article 165, Article 168, Article 170, Article 172, Article 173, Article 175, Article 176, Article 183, Article 188, Article 195, Article 201, Article 208, Article 214, Article 219 to Article 221, Article 229 or Article 238, Article 12-4 of the Act on Massage and Finger Pressure Practitioners, Acupuncturists, Moxibustion Practitioners, etc., Article 29-4 of the food hygiene Act, Article 9-3 of hotel and Ryokan Management Act, Article 7-3 of the public bath house Act, Article 71-3 of the medical service Act, paragraph (2), Article 43-2 of the Act for the welfare of people with physically disabled, Paragraph (2), Article 51-12 of Act for the Mental Health and Welfare of the Persons with Mental Disorders, paragraph (2), Article 14-2 of cleaning business Act, Article 25-2 of rabies prevention Act, paragraph (2), Article 83-2 of social welfare service Act, Article 69 of tuberculosis control Act, Article 20 of slaughterhouse Act, Article 27-2 of dental technicians Act, Article 20-8-2 of the Act concerning clinical technologist, medical technologist, etc., paragraph (2), Article 30 of the retarded person welfare Act, paragraph (2), Article 34 of elderly welfare Act, paragraph (2), Article 26 of maternal and child Act, Article 23 of the Judo healing practitioner Act, paragraph (2), Article 14 of Act for maintenance of sanitation in buildings, Article 24 of waste management and cleansing Act, paragraph (3), Article 41 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act or Article 65 of the new infectious diseases control Act pertaining to the disposition of the administrative agency implemented before the effective dates then in force shall remain applicable.
(Suspension Order of Business Suspended by Minister of Health, Labour, and Welfare or Other Local Prefectural Government Institution and Transitional Measures Concerning Other Dispositions)
Article 75 The suspension orders of the businesses and other dispositions implemented by the Minister of Health, Labour and Welfare or the governor or other local government institutions pursuant to the provisions of paragraph (4), Article 46 or paragraph (1) or paragraph (3), Article 59 of the child welfare Act before its revision, paragraph (1), Article 8 of the Act on Massage and Finger Pressure Practitioners, Acupuncturists, Moxibustion Practitioners, etc.(including a case that is applied mutatis mutandis in paragraph (2), Article 12-2 in the same Act.), Article 22 of the food hygiene Act, paragraph (2), Article 5 or paragraph (1), Article 25 of the medical service Act, paragraph (1), Article 17 of the poisonous and deleterious substances control Act (including a case that is applied mutatis mutandis in paragraphs (4) and (5), Article 22 in the same Act.), paragraph (1), Article 100 of the employees' pension insurance Act, paragraph (1), Article 39 of the waterworks Act, paragraph (1), Article 106 of the national pension Act, paragraph (1), Article 69 or Article 72 of the pharmaceutical affairs Act, or paragraph (1), Article 18 of the Judo healing practitioner Act before their revisions shall be regarded as the suspension orders of the businesses and other dispositions implemented by the Minister of Health, Labour and Welfare or the governor or other local government institutions pursuant to the provisions of paragraph (4), Article 46 or paragraph (1) or paragraph (3), Article 59 of the child welfare Act after its revision, paragraph (1), Article 8 of the Act on Massage and Finger Pressure Practitioners, Acupuncturists, Moxibustion Practitioners, etc.(including a case that is applied mutatis mutandis in paragraph (2), Article 12-2 in the same Act.), Article 22 of the food hygiene Act, paragraph (2), Article 5 or paragraph (1), Article 25 of the medical service Act, paragraph (1), Article 17 of the poisonous and deleterious substances control Act (including a case that is applied mutatis mutandis in paragraphs (4) and (5), Article 22 in the same Act.), paragraph (1), Article 100 of the employees' pension insurance Act, paragraph (1), Article 39 of the waterworks Act, paragraph (1), Article 106 of the national pension Act, paragraph (1) or paragraph (2), Article 69 or paragraph (2) of Article 72 of the pharmaceutical affairs Act, or paragraph (1) of Article 18 of the Judo healing practitioner Act.
(Affairs by the State, etc.)
Article 159 Before this Act comes into force, a local prefectural government institution controls or executes the affairs of the State, another local government and other local governments ("the affairs of the State, etc." is referred to in Article 161 of Supplementary Provisions.) by this Act or a cabinet order based on this, in addition to what are provided for under each Act pursuant to this Act before its revision, after this Act comes into force, the said local prefectural government shall process the affairs as the affairs of the said local government by the Act or a cabinet order based on this.
(Transitional Measures Concerning Dispositions, Applications, etc.)
Article 160 (1) Before this Act (with regard to each item in Article 1 of Supplementary Provisions, the said each item. Hereinafter the same in this Article and Article 163 of Supplementary Provisions.) comes into force, dispositions such as authorizations and other conducts (hereinafter the "conducts such as dispositions" is referred to in this Article.) implemented pursuant to the provisions of each Act before its revision or when this Act comes into force, applications such as authorizations and other conducts (hereinafter "the conducts such as applications" in this Article.) currently implemented pursuant to the provisions of each Act before its revision, on the date of the enforcement of this Act, what a person who shall perform administrative affairs pertaining to these conducts is different, excluding what are provided for in the provisions from Article 2 of Supplementary Provisions to the preceding Article or the provisions concerning the transitional measures of each Act after its revision (including orders based on this Act.), the applications of each Act after its revision after the date of the enforcement of this Act shall be regarded as dispositions such as conducts or conducts such as applications implemented pursuant to the equivalent provisions of each Act after its revision.
(2) Before this Act comes into force, the matters for which a report, a notification, a provision and other proceedings shall be filed with the State or a local prefectural government institution pursuant to the provisions of each Act before its revision, each appropriate provision of this Act after its revision shall be applied to the matters whose pending procedures have not yet been completed with the authority before this Act comes into force, thus pending procedures of the matters may be definitely taken in due course.
(Transitional Measures Concerning Appeal)
Article 161 (1) A disposition pertaining to the affairs of the State, etc. implemented before the date of the enforcement, the said disposition implemented by the said administrative agency (hereinafter "the administrative agency ordering the disposition" is referred to in this Article".) about the higher administrative agency (hereinafter "the higher administrative agency" is referred to in the Article.) provided for under the administrative appeal Act before the date of the enforcement, an appeal pursuant to the same Act can be applied to the provision of the same Act because it shall be considered that the administrative agency has the higher administrative agency even after the date of the enforcement. In this case, the administrative agency regarded as the higher administrative agency of the said administrative agency ordering the disposition shall be the administrative agency was the higher administrative agency of the said administrative agency ordering the disposition.
(2) In case of the preceding Article, if the administrative agency that shall be regarded as the higher administrative agency is a local public body's institution, the affairs that the said institution processes pursuant to the provision of the administrative appeal Act shall be No. 1 statutory entrusted function provided for in item (i), paragraph (9), Article 2 of the New Local Autonomy Act.
(Transitional Measures Concerning Fee)
Article 162 The fees should have been paid pursuant to each Act (including an order based on this.) before its revision before the date of the enforcement then in force shall remain applicable in addition to what are otherwise provided for under this Act and a cabinet order based on this.
(Transitional Measures Concerning Punishment)
Article 163 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
(Other Transitional Measures Delegated to Cabinet Order)
Article 164 (1) The necessary transitional measures (including transitional measures concerning punishment.) accompanied by the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
(2) The necessary matters concerning the applications of the provisions of Article 18, Article 51 and Article 184 of Supplementary Provisions shall be provided for under a cabinet order.
(Review)
Article 250 No. 1 Statutory entrusted function provided for in item (i), paragraph (9), Article 2 of the New Local Autonomy shall not be newly provided as less as possible, and what are listed in attached table No. 1 of the new local autonomy and what are indicated in a cabinet order based on the new local autonomy shall be timely reviewed appropriately in light of promoting the decentralization.
Article 251 The government shall review while considering the trends, etc. of the economic conditions on the policy of sufficing and securing the local tax resources in response to the role-sharing of the State and the local prefectural governments so as to allow the State to help the local governments individually and independently execute the affairs and undertakings, and take necessary measures based on the results.
Article 252 The government shall review the affairs processing of the social insurance system and how the officials engaged in the this business, etc., accompanied by the innovation of the medical insurance system, the national pension system, etc. in light of the security of convenience of the insured, the high efficiency of the clerical processing, etc., if finding it necessary to improve it, take necessary measures based on the results thereof.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]
(Effective Date)
Article 1 This Act (excluding Article 2 and Article 3) shall come into force on January 6, 2001
Supplementary Provisions [Act No. 126 of November 27, 2000] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding five months from the date of promulgation.
(Transitional Measures Concerning Punishment)
Article 2 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 96 of July 31, 2002] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three years from the date of promulgation. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(ii) The provisions of paragraph (2), Article 2, Article 5, Article 17, Article 27 and Article 30 to Article 32 of Supplementary Provisions The date of promulgation
(Effect of Dispositions, etc.)
Article 30 The dispositions, procedures and other conducts pursuant to the provisions of each Act (including orders based on this. Hereinafter the same is in this Article.) before its revision before this Act (the provisions as listed in each item in Article 1 of Supplementary Provisions are the said provisions.) comes into force, it shall be considered that the Act that has the equivalent provisions in the provisions of each Act after its revision is constructed by the equivalent provisions of each Act after its revision, except for a case that there are provisions otherwise in this Supplementary Provisions.
(Transitional Measures Concerning Punishment)
Article 31 The penal provisions then in force shall remain applicable to the conducts committed before this Act (the provisions as listed in each item in Article 1 of Supplementary Provisions are the said provisions.) comes into force and the conducts committed after this Act then in force pursuant to the provision of this Act.
(Delegation to Cabinet Order)
Article 32 The necessary transitional measures accompanied by the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
Supplementary Provisions [Act No. 100 of July 31, 2002]
(Effective Date)
Article 1 This Act shall come into force as of the date of the enforcement of the Act (Act No. 99 of 2002) on Letter Service by Private Business Operators.
(Transitional Measures Concerning Punishment)
Article 2 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
(Other Transitional Measures Delegated to Cabinet Order)
Article 3 The necessary transitional measures concerning the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided in the preceding Article.
Supplementary Provisions [Act No. 69 of June 14, 2006] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three years from the date of promulgation. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(i) The revised provision adding one article next to Article 77-3 in Article 1 and the revised provision of paragraph (4), Article 80 and Article 19 to Article 21, Article 24 and Article 25 of Supplementary Provisions The date of promulgation
(ii) The revised provisions adding 5 articles to Article 36 in Article 1 (limiting to the part pertaining to Article 36-3.) April 1, 2007
(iii) The revised provision adding 5 articles to Article 36 in Article 1 (limiting to the part pertaining to Article 36-4.) and the revised provision of paragraph (1), Article 83 (limiting to the part pertaining to Article 36-4. The date provided for under a cabinet order within the scope not exceeding two years from the date of promulgation
(iv) Article 2 and the provisions of Article 22, Article 23, Article 26 and Article 30 of Supplementary Provisions. The date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation.
Supplementary Provisions [Act No. 94 of June 23, 2006]
This Act shall come into force as of the date on which six months have lapsed since the date of promulgation.
Supplementary Provisions [Act No. 84 of November 27, 2013] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation. However, the provisions of Article 64, Article 66, and Article 102 of Supplementary Provisions shall come into force from the date of promulgation
(Effect of Dispositions, etc.)
Article 100 The dispositions, procedures and other conducts implemented pursuant to each Act (including orders based on this. Hereinafter the same is in this Article.) pursuant to the provisions of each Act before its revision before this Act comes into force, it shall be considered that the one that has performed pursuant to the provision equivalent to the provision of each Act after its revision, except for a case that there is a provision otherwise in this Supplementary Provisions.
(Transitional Measures Concerning Punishment)
Article 101 The penal provisions then in force shall remain applicable to the conducts committed before and after this Act comes into force.
(Delegation to Cabinet)
Article 102 The necessary transitional measures accompanied by the enforcement of this Act (including the transitional measures concerning punishment.) in addition to what are provided for under this Supplementary Provisions.
Supplementary Provisions [Act No. 103 of December 13, 2013] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Attached Table
(i) 1-phynyl-2-metyhlaminopropanoyl-1, its salts and a substance containing any of these. However, a substance containing 10% or less as 1-phynel-2-methylaminopropanoyl is excluded.
(ii) 1-phynyl-1-cholo-2-methylaminopropane, its salt and a substance containing any of these.
(iii) 1-phnyl-2-dimethylaminopropanoyl-1, its salts and a substance containing any of these. However, a substance containing 10% or less as 1-phneyl-2-dimethylpropanoyl is excluded.
(iv) 1-pheyl-1-cholo-2-dimethylaminopropane, its salts and a substance containing any of these.
(v) 1-phenyl-2-dimethylaminopropane, its salts and a substance containing any of these.
(vi) phenyl acetate, its salts and a substance containing any of these. However, a substance containing 10% or less as phenyl acetate is excluded.
(vii) phenyl acetoacetonitrile and a substance containing this.
(viii) phenyl acetone and a substance containing this.
(ix) A raw material to be a stimulants raw material shall be provided for under a cabinet order.