Published: 2004
Key Benefits:
Act on Domestic Animal Infectious Diseases Control
(Act No. 166 of May 31, 1951)
Table of Contents
Chapter I General Provisions (Article 1-Article 3-2)
Chapter II Preventing the Outbreak of Domestic Animal Infectious Diseases
(Article 4-Article 12-4)
Chapter III Preventing the Spread of Domestic Animal Infectious Diseases
(Article 13-Article 35)
Chapter IV Export and Import Quarantine (Article 36-Article 46)
Chapter V Miscellaneous Provisions (Article 47-Article 62-5)
Chapter VI Penal Provisions (Article 63-Article 66)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act shall be to promote the livestock industry by
preventing the outbreak or spread of domestic animal infectious diseases
among (including parasitic diseases; the same shall apply hereinafter).
(Definitions)
Article 2 (1) In this Act, "domestic animal infectious diseases" shall refer to the
infectious diseases listed in the left-hand column of the following Table as
pertaining to the domestic animals listed in the corresponding row of the right-
hand column, and other domestic animals specified for each infectious disease
by Cabinet Order.
Type of infectious disease Species of domestic
animal
(1) Rinderpest Cattle, sheep, goats,
pigs
(2) Contagious bovine pleuropneumonia Cattle
(3) Foot-and-mouth disease Cattle, sheep, goats,
pigs
(4) Infectious encephalitis Cattle, horses,
sheep, goats, pigs
(5) Rabies Cattle, horses,
sheep, goats, pigs
(6) Vesicular stomatitis Cattle, horses, pigs
(7) Rift Valley fever Cattle, sheep, goats
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(8) Anthrax Cattle, horses,
sheep, goats, pigs
(9) Hemorrhagic septicemia Cattle, sheep, goats,
pigs
(10) Brucellosis Cattle, sheep, goats,
pigs
(11) Tuberculosis Cattle, goats
(12) Johne's disease Cattle, sheep, goats
(13) Piroplasmosis (limited to that caused by pathogens Cattle, horses
prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries; the same shall apply
hereinafter)
(14) Anaplasmosis (limited to that caused by pathogens Cattle
prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries; the same shall apply
hereinafter)
(15) Transmissible spongiform encephalopathy Cattle, sheep, goats
(16) Glanders horses
(17) Equine infectious anemia horses
(18) African horse sickness horses
(19) Classical swine fever pigs
(20) African swine fever pigs
(21) Swine vesicular disease pigs
(22) Fowl cholera Chickens, ducks,
quails
(23) Highly pathogenic avian influenza Chickens, ducks,
quails
(24) Newcastle disease Chickens, ducks,
quails
(25) Avian salmonellosis (limited to that caused by Chickens, ducks,
pathogens prescribed by Ordinance of the Ministry of quails
Agriculture, Forestry and Fisheries; the same shall
apply hereinafter)
(26) Foul brood Honeybees
(2) In this Act, "affected animals" shall mean domestic animals that have
contracted a domestic animal infectious disease (excluding foulbrood), and
"suspected affected animals" shall mean domestic animals that are suspected of
being affected animals or are likely to become affected animals because they
have come into contact or are suspected of having come into contact with the
pathogens of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth
disease, rabies, glanders or African swine fever.
(3) The Minister of Agriculture, Forestry and Fisheries must, when intending to
propose the enactment, amendment or abolition of the Cabinet Orders in
paragraph 1, first consult the opinion of the Council of Food, Agriculture and
Rural Area Policies.
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(Application to Managers)
Article 3 Provisions concerning owners of domestic animals, objects or facilities
in this Act (excluding the provisions of Article 56 and Articles 58 through 60)
shall apply equally to persons other than owners who manage said domestic
animals, objects or facilities (excluding forwarding agents who are entrusted
with the transportation of said domestic animals, objects or facilities by means
of railways, tramways, automobiles, ships or aircraft), when such persons exist.
(Specific Domestic Animal Infectious Disease Quarantine Guidelines)
Article 3-2 (1) The Minister of Agriculture, Forestry and Fisheries shall prepare
and publicly announce guidelines for the comprehensive implementation of
inspection, disinfection, restriction of movement of domestic animals, etc., and
other measures that become necessary with respect to domestic animal
infectious diseases prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries as diseases for which measures must be taken
particularly comprehensively to prevent the outbreak or spread thereof, in
accordance with said domestic animal infectious diseases (hereafter in this
Article referred to as "Specific Domestic Animal Infectious Disease Quarantine
Guidelines").
(2) Prefectural governors and mayors of municipalities shall take measures to
prevent the outbreak or spread of domestic animal infectious diseases under
the provisions of this Act, based on the Specific Domestic Animal Infectious
Disease Quarantine Guidelines.
(3) The Minister of Agriculture, Forestry and Fisheries must, when intending to
prepare, amend or abolish Specific Domestic Animal Infectious Disease
Quarantine Guidelines, first consult the opinion of the Council of Food,
Agriculture and Rural Area Policies.
Chapter II Preventing The Outbreak Of Domestic Animal Infectious
Diseases
(Obligation to Notify Concerning Infectious Diseases)
Article 4 (1) On discovering that a domestic animal has contracted or is
suspected of having contracted an infectious disease other than domestic
animal infectious diseases (limited to those prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries; hereinafter referred to as
"notifiable infectious diseases"), the veterinarian who diagnosed said domestic
animal or conducted post-mortem inspection of its carcass must notify the
prefectural governor who has jurisdiction over the locality of said domestic
animal or its carcass to that effect without delay, in accordance with
procedures prescribed by Ordinance of the Ministry of Agriculture, Forestry
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and Fisheries.
(2) The Minister of Agriculture, Forestry and Fisheries must, when intending to
enact, amend or abolish Ordinances of the Ministry of Agriculture, Forestry
and Fisheries specifying the infectious diseases in the preceding paragraph,
first consult the opinion of the Minister of Health, Labour and Welfare from
the perspective of public hygiene, and must also consult the opinion of the
Council of Food, Agriculture and Rural Area Policies.
(3) The provisions of paragraph 1 shall not apply when it is discovered that a
domestic animal has contracted or is suspected of having contracted a
notifiable infectious disease in the course of inspection under the provisions of
Article 40 or Article 45, or to other cases prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries.
(4) Prefectural governors must, on receiving notification under the provisions of
paragraph 1, notify the mayors of municipalities who have jurisdiction over the
locality of such domestic animals or their carcasses to that effect, and also
report to the Minister of Agriculture, Forestry and Fisheries, in accordance
with procedures prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries.
(Obligation to Notify Concerning New Diseases)
Article 4-2 (1) On discovering that a domestic animal has contracted or is
suspected of having contracted a disease whose pathological condition or
outcome of treatment is clearly different from those of a previously known
domestic animal infectious disease (hereinafter referred to as "new disease"),
the veterinarian who diagnosed said domestic animal or conducted post-
mortem inspection of its carcass must notify the prefectural governor who has
jurisdiction over the locality of said domestic animal or its carcass to that effect
without delay, in accordance with procedures prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries.
(2) The provisions of the preceding paragraph shall not apply when it is
discovered that a domestic animal has contracted or is suspected of having
contracted a new disease in the course of inspection under the provisions of
Article 40 or Article 45, or to other cases prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries.
(3) Prefectural governors shall, on receiving notification under the provisions of
paragraph 1, order the owner of the domestic animal or its carcass pertaining
to said notification to have said domestic animal or its carcass undergo
inspection by a prefectural animal health inspector.
(4) If it is proved, from the inspection in the preceding paragraph, that the
disease which said domestic animal has contracted or is suspected of having
contracted is a new disease and is a domestic animal infectious disease, and
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when deeming it necessary to prevent the outbreak of said disease, the
prefectural governor must report to the Minister of Agriculture, Forestry and
Fisheries to that effect, and must also notify the mayor of the municipality who
has jurisdiction over the locality of said domestic animal or its carcass, in
accordance with procedures prescribed by Ordinance of the Ministry of
Agriculture, Forestry and Fisheries.
(5) In cases in the preceding paragraph, the prefectural governor shall order the
owner of said domestic animal or its carcass to have said domestic animal or its
carcass undergo inspection by a prefectural animal health inspector, in order to
ascertain the status of the outbreak of the domestic animal infectious disease
in said paragraph and to investigate the pathogens and cause of said disease.
(6) Orders under the provisions of the preceding paragraph shall be issued by
making public notice of the matters listed below not later than 3 days before
the date of implementation thereof, in accordance with procedures prescribed
by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(i) The purpose of implementation
(ii) The area subject to implementation
(iii) The species and scope of domestic animals or their carcasses subject to
implementation
(iv) The date of implementation
(v) The method of inspection
(7) The Minister of Agriculture, Forestry and Fisheries must, on receiving a
report under the provisions of paragraph 4, make efforts to conduct
experimental research, gather information and carry out other action
necessary to prevent the outbreak of the domestic animal infectious disease in
said paragraph.
(Inspection to Ascertain the Status of Outbreaks of Monitored Infectious
Diseases)
Article 5 (1) Prefectural governors may, in the manner prescribed by Ordinance
of the Ministry of Agriculture, Forestry and Fisheries, order the owners of
domestic animals or their carcasses to have said domestic animals or their
carcasses undergo inspection by prefectural animal health inspectors to
ascertain the status and progress of outbreaks (referred to as "status of
outbreaks, etc." in paragraph 4 below) of domestic animal infectious diseases or
notifiable infectious diseases (hereinafter referred to collectively as "monitored
infectious diseases") when necessary for preventing or predicting such
outbreaks.
(2) Orders under the provisions of the preceding paragraph shall be issued by
making public notice of the matters listed below not later than 10 days before
the date of implementation thereof, in accordance with procedures prescribed
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by Ordinance of the Ministry of Agriculture, Forestry and Fisheries, provided,
however, that this period may be shortened to 3 days in the event of an
emergency.
(i) The purpose of implementation
(ii) The area subject to implementation
(iii) The species and scope of domestic animals or their carcasses subject to
implementation
(iv) The date of implementation
(v) The method of inspection
(3) Prefectural governors must report the results of the inspection in paragraph 1
to the Minister of Agriculture, Forestry and Fisheries, in the manner
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(4) The Minister of Agriculture, Forestry and Fisheries shall provide prefectural
governors with information on the status of outbreaks, etc., of monitored
infectious diseases obtained from reports under the provisions of Article 4
paragraph 4, the preceding paragraph or Article 13 paragraph 4, and shall give
necessary guidance on preventing the outbreak of monitored infectious
diseases.
(5) Prefectural governors shall, on receiving information or guidance under the
provisions of the preceding paragraph, provide the owners of domestic animals
or groups whereby they are organized with necessary advice and guidance on
preventing the outbreak of monitored infectious diseases.
(6) Prefectural governors may, when deeming it particularly necessary to ensure
that the effects of measures taken by owners of domestic animals or groups
whereby they are organized to prevent the outbreak of monitored infectious
diseases are suitably assured, make necessary requests to the Minister of
Agriculture, Forestry and Fisheries or governors of related prefectures
concerning measures to be taken by the Minister of Agriculture, Forestry and
Fisheries or governors of related prefectures.
(Injection, Dipping or Medication)
Article 6 (1) Prefectural governors may order owners of domestic animals to have
said domestic animals undergo injection, dipping or medication by a
prefectural animal health inspector when necessary for preventing the
outbreak of a specified disease (meaning those that have been publicly notified
as objects for inspection in Article 4-2 paragraph 5; the same shall apply
hereinafter) or a monitored infectious disease.
(2) The provisions of paragraph 2 of the preceding Article shall apply mutatis
mutandis to orders under the provisions of the preceding paragraph. In this
case, "The method of inspection" in (5) of said paragraph shall be read as
"Whether injection, dipping or medication, and the method thereof".
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(Indication of Acts of Inspection, Injection, Dipping or Medication)
Article 7 Prefectural governors may have prefectural animal health inspectors
mark domestic animals or their carcasses that have undergone inspection
under the provisions of Article 4-2 paragraph 3 or paragraph 5 or Article 5
paragraph 1 or domestic animals that have undergone injection, dipping or
medication under the provisions of paragraph 1 of the preceding Article by
branding, tattooing or other means of marking, in the manner prescribed by
Ordinance of the Ministry of Agriculture, Forestry and Fisheries, to the effect
that inspection, injection, dipping or medication has been carried out.
(Issue of Certificates)
Article 8 Prefectural governors must, when requested by the owners of domestic
animals or their carcasses that have undergone inspection under the provisions
of Article 4-2 paragraph 3 or paragraph 5 or Article 5 paragraph 1 or domestic
animals that have undergone injection, dipping or medication under the
provisions of Article 6 paragraph 1, issue a certificate stating that the
inspection, injection, dipping or medication has been carried out, in the
manner prescribed by Ordinance of the Ministry of Agriculture, Forestry and
Fisheries.
(Implementation of Disinfection Method)
Article 9 Prefectural governors may limit an area and order owners of domestic
animals to implement a method of disinfection, a method of cleaning or a
method of exterminating rodents, insects, etc., in the manner prescribed by
Ordinance of the Ministry of Agriculture, Forestry and Fisheries, when
necessary for preventing the outbreak of a specified disease or a monitored
infectious disease.
Article 10 Deleted
(Restriction on Rendering Plants)
Article 11 In rendering plants, no bone, meat, hide, hair and others that are
designated by the Minister of Agriculture, Forestry and Fisheries, in deeming
it necessary for preventing the outbreak of a specified disease or monitored
infectious disease, may be used as a raw material for manufacturing, unless
said manufacturing is carried out using facilities and methods that comply
with standards prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries.
(Restriction on Domestic Animal Gathering Facilities)
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Article 12 (1) Promoters of events where domestic animals are gathered, such as
horse races, livestock markets, livestock shows and others designated by the
Minister of Agriculture, Forestry and Fisheries, must provide domestic animal
veterinary clinics, isolation stations, waste pits and other facilities necessary
for preventing the outbreak of a specified disease or a monitored infectious
disease, in the manner prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries, during the period of such events.
(2) Promoters of events that must be provided with domestic animal veterinary
clinics under the provisions of the preceding paragraph may not keep, in the
same location and during the period of such events, domestic animals other
than those that have been diagnosed in said domestic animal veterinary clinic
as not having contracted a specified disease or monitored infectious disease,
provided, however, that this shall not apply when domestic animals are kept in
the isolation station in the preceding paragraph.
(Obligation to Report and Notify)
Article 12-2 Prefectural governors must report the status of implementation and
the results of measures taken to prevent the outbreak of specified diseases or
monitored infectious diseases under the provisions of this Chapter to the
Minister of Agriculture, Forestry and Fisheries, and must also notify governors
of related prefectures thereof, in the manner prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries.
(Standards of Rearing Hygiene Management)
Article 12-3 (1) The Minister of Agriculture, Forestry and Fisheries must
prescribe, in Ordinances of the Ministry of Agriculture, Forestry and Fisheries,
standards for domestic animals prescribed by Cabinet Order to be observed by
the owners of said domestic animals with respect to methods of hygiene
management pertaining to the rearing of said domestic animals (hereinafter
referred to as "Standards of Rearing Hygiene Management").
(2) Owners of domestic animals for which Standards of Rearing Hygiene
Management are prescribed must practice hygiene management pertaining to
the rearing of said domestic animals in the manner prescribed by said
Standards of Rearing Hygiene Management.
(3) The Minister of Agriculture, Forestry and Fisheries must, when intending to
establish, amend or abolish Standards of Rearing Hygiene Management, first
consult the opinion of the Council of Food, Agriculture and Rural Area Policies.
(Recommendations and Orders)
Article 12-4 (1) Prefectural governors may, when deeming that the owner of a
domestic animal has not complied with Standards of Rearing Hygiene
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Management, recommend that person to improve the method of hygiene
management pertaining to the rearing of said domestic animal, setting a time
limit.
(2) Prefectural governors may, when a person who has received a
recommendation under the provisions of the preceding paragraph has not
complied with said recommendation, order said person to take measures
pertaining to said recommendation, setting a time limit.
Chapter III Preventing The Sread Of Domestic Animal Infectious Diseases
(Obligation to Notify Concerning Affected Animals)
Article 13 (1) When a domestic animal is discovered to have become an affected
animal or a suspected affected animal, the veterinarian who diagnosed said
domestic animal or conducted post-mortem inspection on its carcass (or, for
domestic animals or their carcasses that have not been diagnosed or undergone
post-mortem inspection by a veterinarian, the owner thereof) must notify the
prefectural governor who has jurisdiction over the locality of said domestic
animal or its carcass to that effect without delay, in accordance with
procedures prescribed by Ordinance of the Ministry of Agriculture, Forestry
and Fisheries, provided, however, that, for a domestic animal in the course of
transportation by a forwarding agent by means of railway, tramway,
automobile, ship or aircraft, said forwarding agent must submit the
notification that should be submitted by the owner of said domestic animal,
except when that person is able to submit said notification without delay.
(2) Notification under the provisions of the preceding paragraph concerning
domestic animals prescribed in the proviso to said paragraph may, when there
are obstacles that hinder transportation, be made to the prefectural governor
who has jurisdiction over the place of destination of the cargo in question.
(3) The provisions of paragraph 1 shall not apply when it is discovered that a
domestic animal is an affected animal or a suspected affected animal in the
course of inspection under the provisions of Article 40 or Article 45, and in
other cases prescribed by Ordinance of the Ministry of Agriculture, Forestry
and Fisheries.
(4) Prefectural governors must, on receiving notification under the provisions of
paragraph 1, make public notice to that effect, notify the mayor of the
municipality that has jurisdiction over the locality of said domestic animal or
its carcass, mayors of neighboring municipalities and governors of related
prefectures, and report to the Minister of Agriculture, Forestry and Fisheries
without delay, in accordance with procedures prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries.
(5) The mayor of the municipality that has jurisdiction over the locality of said
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domestic animal or its carcass must, on receiving notification under the
provisions of the preceding paragraph, make public notice to that effect
without delay, in accordance with procedures prescribed by Ordinances of the
Ministry of Agriculture, Forestry and Fisheries.
(Obligation to Isolate)
Article 14 (1) Owners of affected animals or suspected affected animals must
isolate said animals without delay, provided, however, that this shall not apply
when isolation is discharged in accordance with instructions given by a
prefectural animal health inspector under the provisions of the following
paragraph.
(2) Prefectural animal health inspectors must, when deeming it no longer
necessary to isolate domestic animals that have been isolated under the
provisions of the preceding paragraph, instruct the owners thereof that the
isolation may be discharged, or, in conjunction with said instruction, instruct
said owners to take measures such as tethering or restricting movement
beyond a fixed area, to the extent necessary for preventing the spread of a
domestic animal infectious disease.
(3) Prefectural animal health inspectors may, when necessary for preventing the
spread of a domestic animal infectious disease, instruct the owners of domestic
animals that are likely to become affected animals (excluding suspected
affected animals) due to being kept together with affected animals or suspected
affected animals, or for any other reason, that they may not move said
domestic animals outside a fixed area within a time limit not exceeding 21 days.
(Restriction or Blocking of Passage)
Article 15 Prefectural governors or mayors of municipalities may, when urgently
necessary for preventing the spread of a domestic animal infectious disease,
restrict or block passage between places where animals that have contracted or
are suspected of having contracted rinderpest, contagious bovine
pleuropneumonia, foot-and-mouth disease or African swine fever are located
(including any neighboring location that is contaminated or likely to be
contaminated with pathogens of said infectious disease) and other locations,
specifying a time limit within a range not exceeding 72 hours, in accordance
with procedures prescribed by Cabinet Order.
(Obligation to Slaughter)
Article 16 (1) Owners of the domestic animals listed below must immediately
slaughter said domestic animals in accordance with instructions given by a
prefectural animal health inspector provided, however, that this shall not
apply in cases prescribed by Ordinance of the Ministry of Agriculture, Forestry
10
and Fisheries.
(i) Animals that have contracted rinderpest, contagious bovine
pleuropneumonia, foot-and-mouth disease or African swine fever.
(ii) Animals that are suspected of having contracted rinderpest, foot-and-mouth
disease or African swine fever.
(2) Owners of the domestic animals in the preceding paragraph may not
slaughter said domestic animals until the instructions in said paragraph are
given, excluding cases in the proviso to said paragraph.
(3) Prefectural animal health inspectors may, when urgently necessary for
preventing the spread of a domestic animal infectious disease, themselves
slaughter the domestic animals in said paragraph instead of giving the
instructions in said paragraph, excluding cases in the proviso to paragraph 1.
(Slaughter Disposition)
Article 17 (1) Prefectural governors may, when necessary for preventing the
spread of a domestic animal infectious disease, order owners of the domestic
animals listed below to slaughter said domestic animals, setting a time limit.
(i) Animals that have contracted infectious encephalitis, rabies, vesicular
stomatitis, Rift Valley fever, anthrax, hemorrhagic septicemia, Brucellosis,
tuberculosis, Johne's disease, piroplasmosis, anaplasmosis, transmissible
spongiform encephalopathy, glanders, equine infectious anemia, African
horse sickness, classical swine fever, swine vesicular disease, fowl cholera,
highly pathogenic avian influenza, Newcastle disease or avian salmonellosis.
(ii) Animals that are suspected of having contracted contagious bovine
pleuropneumonia, vesicular stomatitis, Rift Valley fever, hemorrhagic
septicemia, transmissible spongiform encephalopathy, glanders, African
horse sickness, classical swine fever, swine vesicular disease, fowl cholera,
highly pathogenic avian influenza or Newcastle disease.
(2) When the order in the preceding paragraph cannot be made because the
owner of the domestic animal or the location of said owner is unknown,
prefectural governors may, when urgently necessary, have a prefectural animal
health inspector slaughter said domestic animal.
(Notification of Slaughter)
Article 18 Owners of affected animals or suspected affected animals must, when
intending to slaughter said animals, notify a prefectural animal health
inspector to that effect in advance, except when slaughtering under the
provisions of the preceding two Articles and in other cases prescribed by
Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Instruction Concerning Slaughter)
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Article 19 Prefectural animal health inspectors may, when necessary for
preventing the spread of a domestic animal infectious disease, instruct the
location or method of slaughter for domestic animals pertaining to the order in
Article 17 or the notification in the preceding Article.
(Disposition for Pathological Appraisal)
Article 20 (1) Prefectural governors may have prefectural animal health
inspectors conduct autopsy on the carcasses of domestic animals or slaughter
suspected affected animals for autopsy when necessary for pathological
appraisal.
(2) Prefectural animal health inspectors may instruct the owners of suspected
affected animals that they may not slaughter said animals, setting a time limit
within a range not exceeding 7 days, when necessary for pathological appraisal.
(Obligation to Incinerate Carcasses)
Article 21 (1) Owners of carcasses of the affected animals or suspected affected
animals listed below must incinerate or bury said carcasses without delay, in
accordance with instructions given by a prefectural animal health inspector
based on standards prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries, provided, however, that this shall not apply when the
permission of the prefectural governor to utilize the same for pathological
appraisal or for scientific research has been obtained, or in other cases
prescribed by Cabinet Order.
(i) Carcasses of animals that have contracted or are suspected of having
contracted rinderpest, contagious bovine pleuropneumonia, foot-and-mouth
disease, rabies, vesicular stomatitis, Rift Valley fever, anthrax, hemorrhagic
septicemia, transmissible spongiform encephalopathy, glanders, African
horse sickness, classical swine fever, African swine fever, swine vesicular
disease, fowl cholera, highly pathogenic avian influenza or Newcastle disease.
(ii) Carcasses of animals that have contracted or are suspected of having
contracted infectious encephalitis, Brucellosis, tuberculosis, Johne's disease,
equine infectious anemia or avian salmonellosis (excluding those slaughtered
in slaughterhouses).
(2) Carcasses in the preceding paragraph may not be incinerated or buried until
the instructions in said paragraph are given, except in cases in the proviso to
said paragraph.
(3) Carcasses that must be incinerated or buried under the provisions of
paragraph 1 may not be moved to another location, damaged or dismembered
without the permission of a prefectural animal health inspector.
(4) Prefectural animal health inspectors may, when urgently necessary for
preventing the spread of a domestic animal infectious disease, themselves
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incinerate or bury the carcasses of affected animals or suspected affected
animals in said paragraph instead of giving the instructions in said paragraph,
excluding cases in the proviso to paragraph 1.
(5) When applying the provisions of each of the preceding paragraphs to the
owners of carcasses of animals that have contracted or are suspected of having
contracted transmissible spongiform encephalopathy, "incinerate or bury" in
said provisions shall be read as "incinerate", and "incinerated or buried" shall
be read as "incinerated".
(Special Exceptions to the Rendering Plant Control Act)
Article 22 The provisions of Article 2 paragraph 2 (Prohibition of Processing
Outside Dead Animal Handling Plants) of the Rendering Plant Control Act (Act
No. 140 of 1948) shall not apply when dismembering carcasses of domestic
animals for autopsy under the provisions of Article 20 paragraph 1, when
incinerating or burying carcasses of domestic animals under the provisions of
paragraph 1 or paragraph 4 of the preceding Article, or when dismembering
carcasses of domestic animals after obtaining the permission in paragraph 3 of
said Article.
(Obligation to Incinerate Contaminated Objects)
Article 23 (1) Owners of objects that are contaminated or are likely to be
contaminated by pathogens of a domestic animal infectious disease (or, when
said objects are in the course of transportation by a forwarding agent by means
of railway, tramway, automobile, ship or aircraft, the owner or forwarding
agent of said objects; the same shall apply hereafter in this Article) must
incinerate, bury or disinfect said objects without delay, in accordance with
instructions given by a prefectural animal health inspector based on standards
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries,
provided, however, that objects that are contaminated or are likely to be
contaminated by pathogens of avian salmonellosis, or other objects prescribed
by Ordinance of the Ministry of Agriculture, Forestry and Fisheries, shall not
be precluded from being incinerated, buried or disinfected without awaiting
said instructions.
(2) Owners of objects in the preceding paragraph (excluding objects in the proviso
to said paragraph) may not incinerate, bury or disinfect said objects until the
instructions in said paragraph are given, and may not transfer said objects to
another location, use or clean them without the permission of a prefectural
animal health inspector.
(3) Prefectural animal health inspectors may themselves incinerate, bury or
disinfect the objects in paragraph 1 instead of giving the instructions in said
paragraph (excluding objects in the proviso to said paragraph), when necessary
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for preventing the spread of a domestic animal infectious disease.
(4) When applying the provisions of the main clause of paragraph 1 and of the
preceding two paragraphs to the owners of objects that are contaminated or are
likely to be contaminated by pathogens of transmissible spongiform
encephalopathy, "incinerate, bury or disinfect" in said provisions shall be read
as "incinerate".
(Ban on Excavation)
Article 24 Land in which carcasses of domestic animals or objects that are
contaminated or are likely to be contaminated by pathogens of a domestic
animal infectious disease have been buried under the provisions of Article 21
paragraph 1 or paragraph 4, or paragraph 1 or paragraph 3 of the preceding
Article may not be excavated within the period prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries, provided, however, that this
shall not apply when the permission of the prefectural governor has been
obtained.
(Obligation to Disinfect Animal Quarters)
Article 25 (1) Animal quarters, ships, vehicles and other facilities of a similar
nature in which affected animals or suspected affected animals or their
carcasses were located must be disinfected by their owner, in accordance with
instructions given by a prefectural animal health inspector based on standards
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries,
provided, however, that facilities where animals that have contracted or are
suspected of having contracted avian salmonellosis or their carcasses were
located, or other facilities prescribed by Ordinance of the Ministry of
Agriculture, Forestry and Fisheries, shall not be precluded from being
disinfected without awaiting said instructions.
(2) Owners of the animal quarters, ships, vehicles and other facilities of a similar
nature in the preceding paragraph may not disinfect said facilities, excluding
cases in the proviso to said paragraph, until instructions are given by a
prefectural animal health inspector.
(3) Prefectural animal health inspectors may themselves disinfect the facilities in
paragraph 1 (excluding the facilities in the proviso to said paragraph) instead
of giving the instructions in said paragraph, when necessary for preventing the
spread of a domestic animal infectious disease.
(Disinfection of Warehouses)
Article 26 (1) Prefectural governors may, when necessary for preventing the
spread of a domestic animal infectious disease, order the owners of warehouses,
ships, vehicles and other facilities of a similar nature in which objects that are
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contaminated or are likely to be contaminated by pathogens of a domestic
animal infectious disease have been located (excluding the facilities in the
main clause of paragraph 1 of the preceding Article; the same shall apply in
paragraph 3 below) to disinfect said facilities, setting a time limit.
(2) Prefectural animal health inspectors may, when necessary for preventing the
spread of a domestic animal infectious disease, instruct the method of
disinfection for facilities pertaining to the order in the preceding paragraph.
(3) When the order in paragraph 1 cannot be made because the owner of the
warehouse, ship, vehicle and other facility of a similar nature in said
paragraph or the location of said owner is unknown, the prefectural governor
may, when urgently necessary, have a prefectural animal health inspector
disinfect said facilities.
(Special Exceptions During Ocean Navigation)
Article 27 When an affected animal or a suspected affected animal dies, or when
objects, animal quarters or other facilities of a similar nature are contaminated
or are likely to be contaminated by pathogens of a domestic animal infectious
disease on a ship during ocean navigation, the owner of said animal, objects or
facilities, or the captain of said ship (or, if there is a person who performs
duties on behalf of the captain, that person), must carry out disinfection or
take other necessary measures in the manner prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries, notwithstanding the
provisions of Article 21, Article 23 or Article 25.
(Obligation for Disinfection by Persons Exposed to Pathogens)
Article 28 Persons who have been exposed or are likely to have been exposed to
pathogens of a domestic animal infectious disease must disinfect themselves
without delay.
(Indication of Affected Animals)
Article 29 Prefectural animal health inspectors may mark affected animals and
suspected affected animals by branding, tattooing or other means of marking,
in the manner prescribed by Ordinance of the Ministry of Agriculture, Forestry
and Fisheries.
(Implementation of Disinfection Method)
Article 30 Prefectural governors may, when necessary for preventing the spread
of a domestic animal infectious disease, order owners of domestic animals to
implement a method of disinfection, a method of cleaning or a method of
exterminating rodents, insects, etc., by limiting an area, in the manner
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
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(Inspection, Injection, Dipping or Medication)
Article 31 (1) Prefectural governors may, when necessary for preventing the
spread of a domestic animal infectious disease, have prefectural animal health
inspectors carry out inspection, injection, dipping or medication of domestic
animals, in accordance with a method prescribed by Ordinance of the Ministry
of Agriculture, Forestry and Fisheries.
(2) The provisions of Article 7 and Article 8 shall apply mutatis mutandis to the
inspection, injection, dipping or medication in the preceding paragraph.
(Restriction on Movement of Domestic Animals)
Article 32 (1) Prefectural governors may, when necessary for preventing the
spread of a domestic animal infectious disease, enact by-laws to prohibit or
restrict the movement within the area of their prefectures of certain species of
domestic animals, their carcasses or objects that are likely to spread the
pathogens of a domestic animal infectious disease, their entry into said
prefecture or outward movement outside said prefecture.
(2) The Minister of Agriculture, Forestry and Fisheries may, when necessary for
preventing the spread of a domestic animal infectious disease, designate an
area and prohibit or restrict the outward movement of certain species of
domestic animals, their carcasses or objects that are likely to spread pathogens
of a domestic animal infectious disease outside said area, in the manner
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Restriction on Events at Domestic Animal Gathering Facilities)
Article 33 Prefectural governors may, when necessary for preventing the spread
of a domestic animal infectious disease, enact by-laws to suspend or restrict
the holding of horse races, livestock markets, livestock shows and other events
where domestic animals are gathered, or the operations of slaughterhouses or
rendering plants.
(Restriction on Pasture)
Article 34 Prefectural governors may, when necessary for preventing the spread
of a domestic animal infectious disease, enact by-laws to suspend or restrict
grazing, insemination, slaughtering in locations other than slaughterhouses, or
hatching of eggs of certain species of domestic animal.
(Obligation to Report and Notify)
Article 35 Prefectural governors must report the status of implementation and
the results of measures taken to prevent the outbreak of domestic animal
infectious diseases under the provisions of this Chapter to the Minister of
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Agriculture, Forestry and Fisheries, and must also notify governors of related
prefectures thereof, in the manner prescribed by Ordinance of the Ministry of
Agriculture, Forestry and Fisheries.
Chapter IV Export And Import Quarantine
(Prohibition of Import)
Article 36 (1) No person may import the items listed below, provided, however,
that this shall not apply when the permission of the Minister of Agriculture,
Forestry and Fisheries has been obtained for cases provided for use in
experimental research, or other cases in which there are special circumstances.
(i) Items in each item of Article 37 paragraph 1 that are shipped from or via
regions prescribed by Ordinance of the Ministry of Agriculture, Forestry and
Fisheries and are designated by the Minister of Agriculture, Forestry and
Fisheries.
(ii) Pathogens of domestic animal infectious diseases listed in a. or b. below.
(a) Pathogens of monitored infectious diseases.
(b) Hitherto unknown pathogens of domestic animal infectious diseases.
(2) Imports made with the permission in the proviso to the preceding paragraph
must be accompanied by a written document certifying that the permission in
said paragraph has been obtained.
(3) The method of import, method of management after import, and other
necessary conditions may be attached to the permission in the proviso to
paragraph 1.
(Notification Concerning the Import of Pathogens)
Article 36-2 (1) Persons intending to import already known pathogens of
domestic animal infectious diseases that are not pathogens of a monitored
infectious disease must notify the Minister of Agriculture, Forestry and
Fisheries in the manner prescribed by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries.
(2) The Minister of Agriculture, Forestry and Fisheries shall make public notice
of the pathogens of domestic animal infectious diseases for which notification
must be made under the provisions of the preceding paragraph.
(3) The provisions of paragraph 1 shall not apply when pathogens of diseases
designated under the provisions of Article 62 paragraph 1 are imported with
the permission in the proviso to paragraph 1 of the preceding Article, under the
provisions of said paragraph as applied mutatis mutandis in Article 62
paragraph 1.
(Attachment of Inspection Certificate for Imports)
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Article 37 (1) Items listed below that are designated by the Minister of
Agriculture, Forestry and Fisheries (hereinafter referred to as "designated
quarantine items") may not be imported unless they are accompanied by a
certificate of quarantine inspection, or a copy thereof, issued by a government
authority in the exporting country and stating that it is confirmed or believed
that, as a result of quarantine inspection conducted thereby, said items are not
likely to spread pathogens of a monitored infectious disease.
(i) Animals, their carcasses or bone, meat, egg, skin and hide, hair or others,
and their containers and packaging.
(ii) Straw from grain (excluding those prescribed by Ordinance of the Ministry
of Agriculture, Forestry and Fisheries as being supplied for uses other than
feed) and forage for feed.
(iii) Bedding material or other similar articles that are likely to spread
pathogens of a monitored infectious disease, excluding the items listed in the
preceding two items.
(2) The provisions of the preceding paragraph shall not apply in the cases listed
below.
(i) When importing from a country that has no government authority for
quarantine inspection of animals, and in other cases designated by the
Minister of Agriculture, Forestry and Fisheries.
(ii) When, in connection with designated quarantine items imported from a
country prescribed by Ordinance of the Ministry of Agriculture, Forestry and
Fisheries, matters to be stated on the certificate of inspection or its copy in
the preceding paragraph have been transmitted from a government authority
in said country via telecommunication lines to a computer (including input-
output devices) pertaining to use by the Animal Quarantine Service and
recorded in a file installed in said computer.
(Restriction on Place of Import)
Article 38 Designated quarantine items may not be imported at locations other
than ports or airports designated by Ordinance of the Ministry of Agriculture,
Forestry and Fisheries, provided, however, that this shall not apply to items
that have been inspected under the provisions of Article 41 and for which a
certificate of import quarantine has been issued under the provisions of Article
44, or to items imported as postal matter.
(Notification Concerning the Import of Animals)
Article 38-2 (1) Persons intending to import animals that are designated
quarantine items and are designated by the Minister of Agriculture, Forestry
and Fisheries must notify the Animal Quarantine Service of the species and
numbers of said animals, the time and place of import and other matters
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prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries,
in the manner prescribed by Ordinance of the Ministry of Agriculture, Forestry
and Fisheries, provided, however, that this shall not apply when items are
imported as accompanied items or postal matter and in other cases prescribed
by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(2) The Director General of the Animal Quarantine Service may, when
notification has been made under the provisions of the preceding paragraph
and when deeming it particularly necessary for implementing inspection
smoothly under the provisions of Article 40 paragraph 1 or Article 41, instruct
the person who made said notification to change the time or location of the
import pertaining to said notification.
(Quarantine Signal)
Article 39 (1) Ships entering a port from other countries and laden with
designated quarantine items (excluding those transported as postal matter)
must hoist a quarantine signal without delay after their entry into port, in the
manner prescribed by Ordinance of the Ministry of Agriculture, Forestry and
Fisheries.
(2) The signal in the preceding paragraph may not be lowered until the
inspection of designated quarantine items in said paragraph under the
provisions of Article 41 or the unloading of said designated quarantine items
has been completed, or until the ship leaves port.
(Import Quarantine Inspection)
Article 40 (1) Persons who have imported designated quarantine items must
notify the Animal Quarantine Service to that effect without delay, and must
have said items undergo inspection by an animal quarantine officer in their
intact state, to determine whether or not they violate the provisions of Article
36 or Article 37 and whether or not they are likely to spread pathogens of a
monitored infectious disease, provided, however, that this shall not apply to
items that have already been inspected under the provisions of the following
Article and for which a certificate of import quarantine has been issued under
the provisions of Article 44, or to items imported as postal matter.
(2) Animal quarantine officers may, when items other than designated
quarantine items are contaminated or are likely to be contaminated by
pathogens of a monitored infectious disease, inspect said items without delay
after import.
(3) Inspection under the provisions of paragraph 1 shall be carried out on the
premises of the Animal Quarantine Service or at a location designated by an
animal quarantine officer within a port or airport designated under the
provisions of Article 38, provided, however, that, when there are special
19
circumstances, inspection may be carried out at other locations designated by
the Minister of Agriculture, Forestry and Fisheries.
(4) Animal quarantine officers may, when necessary for preventing the spread of
pathogens of a monitored infectious disease, instruct the route and other
methods for forwarding designated quarantine items to the location in the
preceding paragraph to persons who undergo the inspection in paragraph 1.
Article 41 Animal quarantine officers may inspect designated quarantine items
or other items that are to be imported, and are contaminated or are likely to be
contaminated by pathogens of a monitored infectious disease, on board a ship
or aircraft in advance of said import.
(Import as Postal Matter)
Article 42 (1) Designated quarantine items may not be imported as postal matter
other than small packages and parcels, or correspondence mail prescribed in
Article 2 paragraph 3 of the Act Concerning Service of Correspondence by
Private Proprietors (Act No. 99 of 2002) (referred to in the following paragraph
as "correspondence mail").
(2) Persons who have received postal matter or correspondence mail containing
designated quarantine items imported in violation of the provisions of the
preceding paragraph must notify the Animal Quarantine Service to that effect
without delay, attaching the actual item in question for inspection by an
animal quarantine officer.
Article 43 (1) Post offices that handle customs procedures must, on receiving a
small package or parcel that contains or is suspected of containing designated
quarantine items, notify the Animal Quarantine Service to that effect without
delay.
(2) Animal quarantine officers shall, on receiving the notification in the
preceding paragraph, inspect the small package or parcel in said paragraph.
(3) Animal quarantine officers may, when necessary in order to conduct the
inspection in the preceding paragraph, request the addressee of said postal
matter to disclose its contents.
(4) Animal quarantine officers may, when the addressee refuses the disclosure of
contents in the preceding paragraph or when it is impossible to request said
disclosure from the addressee, open said postal matter in the presence of a post
office employee.
(5) Persons who receive small packages or parcels that have not undergone the
inspection in paragraph 2 and contain designated quarantine items must notify
the Animal Quarantine Service to that effect without delay, attaching the
actual item in question for inspection by an animal quarantine officer.
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(Issue of Certificates of Import Quarantine)
Article 44 (1) Animal quarantine officers must, when deeming that a designated
quarantine item is not likely to spread pathogens of a monitored infectious
disease as a result of inspection under the provisions of Article 40 through the
preceding Article, issue a certificate of import quarantine and mark said
designated quarantine item by branding, tattooing or other means of marking,
in the manner prescribed by Ordinance of the Ministry of Agriculture, Forestry
and Fisheries.
(2) Animal quarantine officers must, when requested to issue a certificate of
import quarantine for an item other than designated quarantine items
inspected under the provisions of Article 40 paragraph 2 or Article 41, issue
the same.
(3) Animal quarantine officers may, when taking measures under the provisions
of Article 46 paragraph 3, decline to issue a certificate of import quarantine,
notwithstanding the provisions of the preceding two paragraphs.
(Export Quarantine Inspection)
Article 45 (1) Persons intending to export the items listed below must have them
undergo inspection by an animal quarantine officer in advance and must also
obtain a certificate of export quarantine under the provisions of paragraph 3
below.
(i) Animals or other items for which the government of the importing country
requires, upon the import thereof, a certificate of inspection issued by the
exporting country certifying whether or not they are likely to spread
pathogens of a domestic animal infectious disease.
(ii) Items listed in each item of Article 37 paragraph 1 and designated by the
Minister of Agriculture, Forestry and Fisheries in deeming it necessary for
international animal quarantine.
(2) The provisions of Article 40 paragraph 3 shall apply mutatis mutandis to the
inspection in the preceding paragraph.
(3) Animal quarantine officers must, when deeming that an item is not likely to
spread pathogens of a domestic animal infectious disease as a result of
inspection under the provisions of paragraph 1, issue a certificate of export
quarantine in the manner prescribed by Ordinance of the Ministry of
Agriculture, Forestry and Fisheries.
(4) Animal quarantine officers may, when necessary for international animal
quarantine, re-inspect an item for which a certificate of export quarantine has
been issued under the provisions of the preceding paragraph.
(Measures Based on Quarantine Inspection)
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Article 46 (1) When applying the provisions of Article 6 paragraph 1, Article 7,
Article 8, Article 14 through Article 21, Article 23 through Article 26, Article
29, Article 31 paragraph 1, and Article 7 and Article 8 as applied mutatis
mutandis in paragraph 2 of said Article to cases when it is deemed that items
pertaining to inspection under the provisions of Article 40 paragraph 1 or
paragraph 2, Article 41, Article 42 paragraph 2, Article 43 paragraph 2 or
paragraph 5, or paragraphs 1 or 4 of the preceding Article are contaminated,
are likely to be contaminated or are likely to become contaminated by
pathogens of a domestic animal infectious disease in the course of said
inspection, "prefectural governors" or "the prefectural governor" (or, in the case
of Article 15, "prefectural governors or mayors of municipalities") in said
provisions shall be read as "the Director General of the Animal Quarantine
Service", and "prefectural animal health inspector" shall be read as "animal
quarantine officer".
(2) The Minister of Agriculture, Forestry and Fisheries may, when an animal or
other item is deemed to be contaminated or to be likely to be contaminated
with pathogens of a notifiable infectious disease in the course of inspection in
the preceding paragraph, order the owner thereof to isolate or disinfect said
animal or item, or have an animal quarantine officer isolate, inject, dip,
medicate or disinfect the same, in the manner prescribed by Ordinance of the
Ministry of Agriculture, Forestry and Fisheries.
(3) The Minister of Agriculture, Forestry and Fisheries may, when an animal
pertaining to inspection in paragraph 1 is deemed to have contracted or to be
suspected to have contracted a new disease in the course of said inspection,
order the owner thereof to isolate or disinfect said animal or its bedding
material and other items of a similar nature, or have an animal quarantine
officer isolate, inject, dip, medicate or disinfect said animal, in the manner
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries,
provided, however, that this shall not apply when said new disease is deemed
not to be a domestic animal infectious disease.
Chapter V Miscellaneous Provisions
(Instructions of the Minister of Agriculture, Forestry and Fisheries to
Prefectural Governors)
Article 47 The Minister of Agriculture, Forestry and Fisheries may, when the
outbreak or spread of a domestic animal infectious disease is likely to exert a
grave influence on the livestock industry, instruct prefectural governors to
carry out measures under the provisions of Article 6, Article 9, Article 17,
Article 26 paragraph 1 or paragraph 3, Article 30, Article 31, Article 32
paragraph 1, Article 33 or Article 34.
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(Cooperation by the State with Prefectures)
Article 48 The Minister of Agriculture, Forestry and Fisheries may, when the
Minister has given the instruction in the preceding Article or is requested by a
prefectural governor and deems it necessary, designate animal quarantine
officers to assume the duties incumbent on prefectural animal health
inspectors under the provisions of Chapter 2 or Chapter 3, under instruction
from the prefectural governor.
(Request to Dispatch Prefectural Animal Health Inspectors)
Article 48-2 (1) Prefectural governors may, when urgently necessary for
preventing domestic animal infectious diseases, request that other prefectural
governors dispatch prefectural animal health inspectors. In this case, the
prefectural governors who are requested to dispatch prefectural animal health
inspectors may not refuse said dispatch unless there is justifiable reason.
(2) Prefectural animal health inspectors dispatched in response to a request
under the provisions of the preceding paragraph may, under instruction from
the prefectural governor who requested said dispatch, assume the duties
incumbent upon the prefectural animal health inspectors of the prefecture in
question.
(3) Costs accompanying the dispatch of a prefectural animal health inspector
dispatched in response to a request under the provisions of paragraph 1 shall
be borne by the prefecture that receives said dispatch.
(4) In cases in the preceding paragraph, if the prefecture that receives said
dispatch does not have time to pay said cost, said prefecture may request that
another prefecture making said dispatch temporarily covers said cost on its
behalf.
(Transfer or Loan of Biological Preparations for Animal Use)
Article 49 The Minister of Agriculture, Forestry and Fisheries may, when
deeming it necessary for preventing domestic animal infectious diseases,
transfer biological preparations for animal use or loan instruments for
preventive measures free of charge or at a lower cost than the current price to
prefectures.
(Restriction on Use of Biological Preparations for Animal Use)
Article 50 Biological preparations for animal use that are designated by the
Minister of Agriculture, Forestry and Fisheries may not be used without the
permission of the prefectural governor.
(Spot Inspections)
23
Article 51 (1) Animal quarantine officers or prefectural animal health inspectors
may, when necessary for preventing domestic animal infectious diseases, enter
racecourses, livestock markets, livestock shows and other locations where
domestic animals are gathered, or animal quarters, rendering plants or dead
animal handling plants, slaughterhouses, warehouses, ships, vehicles or
aircraft, or other locations that are contaminated or are likely to be
contaminated with pathogens of a domestic animal infectious disease, inspect
animals or other items, question relevant personnel, collect samples of blood,
milk and other substances from animals, or gather carcasses of animals or
other items within the limit necessary for inspection.
(2) The powers of spot inspection, questioning, collecting or gathering samples
under the provisions of the preceding paragraph may not be construed as
having been granted for the purpose of investigating crime.
(Reports)
Article 52 The Minister of Agriculture, Forestry and Fisheries or prefectural
governors may, when necessary for preventing domestic animal infectious
diseases, request the owners of animals, veterinarians, the owners of
pathogens of domestic animal infectious diseases, persons engaged in the
manufacture, import or sale of feed, promoters of horse races, livestock
markets, livestock shows or other events where domestic animals are gathered,
or the owners of rendering plants, dead animal handling plants or
slaughterhouses to report on necessary matters, in accordance with procedures
prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Restriction on Entering Appeals)
Article 52-2 Appeals under the Administrative Appeal Act (Act No. 160 of 1962)
cannot be entered against instructions of prefectural animal health inspectors
issued under the provisions of Article 14 paragraph 3, Article 16 paragraph 1,
Article 19, Article 20 paragraph 2, Article 21 paragraph 1, Article 23
paragraph 1, Article 25 paragraph 1 or Article 26 paragraph 2 (including
instructions under these provisions issued by animal quarantine officers under
the provisions of Article 46 paragraph 1 or Article 48) and orders of prefectural
governors issued under the provisions of Article 17 paragraph 1 or Article 26
paragraph 1 (including orders under these provisions issued by the Director
General of the Animal Quarantine Service under the provisions of Article 46
paragraph 1).
(Animal Quarantine Officers and Prefectural Animal Health Inspectors)
Article 53 (1) Animal quarantine officers shall be assigned to the Ministry of
Agriculture, Forestry and Fisheries to be engaged in affairs prescribed in this
24
Act.
(2) Animal quarantine officers in the preceding paragraph shall be appointed
from among veterinarians, provided, however, that when particularly
necessary, persons other than veterinarians who have knowledge and
experience concerning the prevention of domestic animal infectious diseases
may also be appointed.
(3) Prefectural governors shall appoint prefectural animal health inspectors from
among the employees of their respective prefectures who are veterinarians, to
be engaged in affairs prescribed in this Act, provided, however, that when
particularly necessary, persons other than veterinarians who are employees of
said prefectures and have knowledge and experience concerning the prevention
of domestic animal infectious diseases may also be appointed.
(Carrying of Identity Cards)
Article 54 Animal quarantine officers and prefectural animal health inspectors
must, when performing duties pursuant to this Act, carry identity cards that
show their status, in the manner prescribed by Ordinance of the Ministry of
Agriculture, Forestry and Fisheries, and must show said card when so
requested by relevant persons.
(Uniform Regulations)
Article 55 The Minister of Agriculture, Forestry and Fisheries shall prescribe
uniform regulations for animal quarantine officers.
(Validity of Dispositions with Respect to Successors)
Article 56 (1) Instructions and other dispositions under the provisions of this Act
or orders based on this Act shall remain in force with respect to persons who
succeed to rights from the owners or custodians of domestic animals or other
items that are the objects of said disposition, or who newly become custodians
of said domestic animals or other items following the establishment of rights.
(2) Owners or custodians of domestic animals or other items in the preceding
paragraph must, when they transfer ownership or custody of said domestic
animals or other items to another person, inform that person of the fact that
the disposition has been made, and of the content of said disposition.
(Application of Provisions Concerning Special Wards)
Article 57 The provisions of this Act concerning municipalities or mayors of
municipalities shall apply to special wards or mayors of special wards in
districts where special wards exist, and to unions or the administrators of
unions in districts where total unions or clerical unions exist.
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(Allowances)
Article 58 (1) The State shall grant to the owners of the animals or objects listed
below (or, in the case of domestic animals ordered to be slaughtered under the
provisions of Article 17, the owners of said domestic animals at the time said
order was issued), as allowances, the amounts specified in each of the following
items (or, when the carcasses of said animals have use-value, the amounts
obtained by deducting the appraised value of the carcasses from the amounts
specified in each of said items), provided, however, that this shall not apply to
persons who fail to take necessary measures to prevent the outbreak or spread
of domestic animal infectious diseases, or other persons prescribed by
Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(i) For affected animals slaughtered under the provisions of Article 16 or
Article 17 (excluding those falling under the following item), one-third of the
appraised value of said animals before they became affected animals (or,
when said amount exceeds the amount prescribed by Cabinet Order for each
species of domestic animal within a range not less than the transaction value
deemed to be normally established when trading domestic animals that have
standard attributes, the amount prescribed by said Cabinet Order).
(ii) For affected animals slaughtered under the provisions of Article 17 on
account of contracting brucellosis, tuberculosis, Johne's disease or equine
infectious anemia, four-fifths of the appraised value of said animals at the
time when the order in said Article was issued (or, when said amount
exceeds the amount prescribed by the Cabinet Order in the preceding item
for each species of domestic animal, the amount prescribed by said Cabinet
Order).
(iii) For suspected affected animals slaughtered under the provisions of Article
16, Article 17 or Article 20 paragraph 1, four-fifths of the appraised value of
said animals before they became suspected affected animals.
(iv) For animals that die, or the fetuses of animals that suffer still birth or
abortion, as a result of inspection, injection, dipping or medication under the
provisions of Article 4-2 paragraph 3 or paragraph 5, Article 5 paragraph 1,
Article 6 paragraph 1, Article 31 paragraph 1 or Article 46 paragraph 2 or
paragraph 3, the full amount of the appraised value of said animals at the
time of said inspection, injection, dipping or medication, or of the appraised
value of said fetuses before their still birth or abortion.
(v) For objects incinerated or buried under the provisions of Article 23
(excluding cases in the proviso to paragraph 1 of said Article), four-fifths of
the appraised value of said objects before their incineration or burial.
(2) The provisions of the preceding paragraph shall not apply to cases prescribed
in Article 46 paragraph 1, except in cases concerning animals and their fetuses
in item (4) of said paragraph.
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(3) The Minister of Agriculture, Forestry and Fisheries must consult the opinion
of the governors of related prefectures before deciding the appraised value of
animals, carcasses, fetuses or objects listed in paragraph 1.
(4) Prefectural governors must consult the opinion of at least three appraisers
selected in advance, in the manner prescribed by Ordinance of the Ministry of
Agriculture, Forestry and Fisheries, before stating the opinion in the preceding
paragraph to the Minister of Agriculture, Forestry and Fisheries.
(Share of Expenses)
Article 59 The State shall grant one half of the expenses required for
incineration or burial to the owners of carcasses of domestic animals or objects
that have been incinerated or buried under the provisions of Article 21
paragraph 1 or Article 23 paragraph 1.
Article 60 (1) Of the expenses required by prefectural governors or prefectural
animal health inspectors for the execution of this Act, the State shall bear
those listed below.
(i) The full amount of traveling expenses incurred by prefectural animal health
inspectors (or, of expenses incurred in preventing the outbreak of parasitic
diseases other than domestic animal infectious diseases (including diseases
designated under the provisions of Article 62 paragraph 1), one-half).
(ii) The full amount of allowances paid to and traveling expenses incurred by
the appraisers in Article 58 paragraph 4.
(iii) One half of allowances paid to employed veterinarians.
(iv) The full amount of expenses incurred in purchasing or manufacturing
vaccine against rinderpest.
(v) One half of the expenses incurred in purchasing or manufacturing biological
preparations for animal use, with the exception of vaccine against rinderpest.
(vi) The full amount of expenses incurred in purchasing medicines designated
by the Minister of Agriculture, Forestry and Fisheries (or, for expenses
incurred in preventing the outbreak of parasitic diseases other than domestic
animal infectious diseases (including diseases designated under the
provisions of Article 62 paragraph 1), one-half).
(vii) One half of the expenses incurred in purchasing or leasing hygiene
equipment designated by the Minister of Agriculture, Forestry and Fisheries.
(viii) One half of the expenses required for incineration or burial designated by
the Minister of Agriculture, Forestry and Fisheries.
(2) The State shall bear one half of the amounts granted by prefectures to owners
of specific domestic animals, etc. (meaning domestic animals, their carcasses or
objects prescribed by Cabinet Order whose prohibition or restriction of
movement or outward movement under the provisions of Article 32 exerts a
27
grave influence on business in the livestock industry; the same shall apply
hereafter in this paragraph) corresponding to an amount prescribed by Cabinet
Order with respect to the amount of decrease in sales pertaining to specific
domestic animals, etc., or the amount of increase in feed costs and other
expenses required for storage, transportation or disposal, due to said
prohibition or restriction.
(Delegation of Affairs to Directors of Livestock Hygiene Service Centers)
Article 61 Prefectural governors may delegate to the Directors of Livestock
Hygiene Service Centers part of the affairs that come under their jurisdiction
under the provisions of Article 4 paragraph 1, Article 4-2 paragraph 1 and
paragraph 3, Article 7 (including cases in which these are applied mutatis
mutandis in Article 31 paragraph 2), Article 8 (including cases in which these
are applied mutatis mutandis in Article 31 paragraph 2), Article 9, Article 13
paragraph 1 and paragraph 2, Article 15, the proviso to Article 21 paragraph 1,
the proviso to Article 24, Article 26 paragraph 1 and paragraph 3, Article 30,
Article 31 paragraph 1, Article 50 and Article 52.
(Mutatis Mutandis Application of this Act to Diseases Other Than Monitored
Infectious Diseases)
Article 62 (1) When there are signs of the outbreak or spread of an infectious
disease other than monitored infectious diseases among domestic animals and
other animals, and this is likely to exert a grave influence on the maintenance
of productivity or health of domestic animals, all or part of the provisions of
Article 3-2, Article 5 through Article 9, Article 11 through Article 12-2
(excluding the provisions of Article 5 through Article 9 and Article 11 through
Article 12-2 for animals other than domestic animals), and Chapter 3,
provisions pertaining to these in this Chapter, and the provisions of Chapter 4
(excluding the provisions of Article 36-2) may be applied mutatis mutandis, by
designating the species of animal, the type of disease and the region by Cabinet
Order and limiting to a period not exceeding one year.
(2) The Minister of Agriculture, Forestry and Fisheries must, when intending to
propose the enactment, amendment or abolition of the Cabinet Order in the
preceding paragraph, first consult the opinion of the Council of Food,
Agriculture and Rural Area Policies.
(Voluntary Measures for Prevention)
Article 62-2 (1) Owners of domestic animals must make efforts to appropriately
implement disinfection and other measures necessary for preventing domestic
animal infectious diseases.
(2) The national government and local governments shall make efforts to provide
28
necessary advice and guidance to owners of domestic animals, or groups
whereby they are organized, to encourage their voluntary measures aimed at
preventing domestic animal infectious diseases.
(Relationship with the Minister of Health, Labour and Welfare)
Article 62-3 (1) The Minister of Agriculture, Forestry and Fisheries may, when
intending to take measures to prevent the outbreak or spread of a domestic
animal infectious disease under the provisions of this Act with respect to a
domestic animal infectious disease that is deemed highly likely to be
transmitted from domestic animals to human beings, besides those prescribed
in Article 4 paragraph 2, and when deeming it necessary, seek the opinion of
the Minister of Health, Labour and Welfare.
(2) The Minister of Health, Labour and Welfare may, when deeming it likely that
the outbreak or spread of a domestic animal infectious disease that is deemed
highly likely to be transmitted from domestic animals to human beings will
exert an impact on the health of the citizens, make a statement of opinion to
the Ministry of Agriculture, Forestry and Fisheries concerning the
implementation of measures aimed at preventing the outbreak or spread of
domestic animal infectious diseases under the provisions of this Act.
(3) The Minister of Agriculture, Forestry and Fisheries and the Minister of
Health, Labour and Welfare shall furnish each other with information or data
to assist the smooth implementation of the provisions of the preceding two
paragraphs.
(Administrative Classification)
Article 62-4 Affairs to be processed by local governments under the provisions of
Chapter 3 (including cases in which these are applied mutatis mutandis in
Article 62 paragraph 1) shall be Type 1 statutory entrusted functions as
prescribed in Article 2 paragraph 9 (1) of the Local Autonomy Act (Act No. 67
of 1947).
(Transitional Measures)
Article 62-5 When orders are enacted, amended or abolished based on the
provisions of this Act, it shall be possible to specify requisite transitional
measures (including transitional measures concerning penal provisions)
through said orders, within a range that is judged reasonably necessary in
conjunction with said enactment, amendment or abolition.
Chapter VI Penal Provisions
Article 63 Persons who fall under any of the following items shall be punished
29
with penal servitude for a term not exceeding three years or a fine not
exceeding one million yen.
(i) A veterinarian or owner who violates the provisions of Article 13 paragraph
1 (including cases in which these are applied mutatis mutandis in Article 62
paragraph 1).
(ii) A person who violates the provisions of Article 16 paragraph 1, Article 36
paragraph 1, Article 37 paragraph 1, Article 38 or Article 45 paragraph 1
(and, in the case of Article 36 paragraph 1 and Article 37 paragraph 1,
including cases in which these are applied mutatis mutandis to Article 62
paragraph 1).
(iii) A person who violates an order under the provisions of Article 17.
(iv) A person who violates conditions under the provisions of Article 36
paragraph 3 (including cases in which these are applied mutatis mutandis in
Article 62 paragraph 1).
(v) A person who fails to undergo inspection under the provisions of Article 40
paragraph 1 (including cases in which these are applied mutatis mutandis in
Article 62 paragraph 1) or who commits unlawful acts when undergoing said
inspection.
Article 64 Persons who fall under any of the following items shall be punished
with penal servitude for a term not exceeding one year or a fine not exceeding
500,000 yen.
(i) A person who violates the provisions of Article 11, Article 12, Article 14
paragraph 1, Article 16 paragraph 2, Article 21 paragraph 1 or paragraph 3,
Article 50 or Article 56 paragraph 2 (and, in the case of Article 14 paragraph
1 and Article 56 paragraph 2, including cases in which these are applied
mutatis mutandis in Article 62 paragraph 1).
(ii) A person who violates prohibition, suspension or restriction under the
provisions of Article 32 or Article 33 (and, in the case of Article 32 and
Article 33, including cases in which these are applied mutatis mutandis in
Article 62 paragraph 1).
(iii) A person who violates the provisions of Article 36-2 paragraph 1.
Article 65 Persons who fall under any of the following items shall be punished
with a fine not exceeding 300,000 yen.
(i) A person who violates the provisions of Article 18, Article 21 paragraph 2,
Article 23 paragraph 1, Article 24 or Article 25 paragraph 1 (and, in the case
of Article 18, Article 23 paragraph 1, Article 24 and Article 25 paragraph 1,
including cases in which these are applied mutatis mutandis in Article 62
paragraph 1).
(ii) A person who violates an order under the provisions of Article 4-2
30
paragraph 3 or paragraph 5, Article 5 paragraph 1, Article 6 paragraph 1,
Article 9, Article 12-4 paragraph 2, Article 26 paragraph 1 and Article 30
(and, in the case of Article 5 paragraph 1, Article 6 paragraph 1, Article 9,
Article 26 paragraph 1 and Article 30, including cases in which these are
applied mutatis mutandis in Article 62 paragraph 1).
(iii) A person who violates an instruction under the provisions of the second
part of Article 14 paragraph 2, Article 14 paragraph 3, Article 19, Article 26
paragraph 2 or Article 40 paragraph 4 (and, in the case of the second part of
Article 14 paragraph 2, Article 14 paragraph 3, Article 19, Article 26
paragraph 2 and Article 40 paragraph 4, including cases in which these are
applied mutatis mutandis in Article 62 paragraph 1).
(iv) A person who violates the restriction or blocking of passage under the
provisions of Article 15 (including cases in which these are applied mutatis
mutandis in Article 62 paragraph 1).
(v) A person who refuses, obstructs or evades a disposition for autopsy or
slaughter under the provisions of Article 20 paragraph 1 (including cases in
which these are applied mutatis mutandis in Article 62 paragraph 1).
(vi) A person who refuses, obstructs or evades the attachment of markings
under the provisions of Article 29 (including cases in which these are applied
mutatis mutandis in Article 62 paragraph 1).
(vii) A person who refuses, obstructs or evades inspection, injection, dipping or
medication under the provisions of Article 31 paragraph 1 (including cases in
which these are applied mutatis mutandis in Article 62 paragraph 1).
(viii) A person who violates suspension or restriction under the provisions of
Article 34 (including cases in which these are applied mutatis mutandis in
Article 62 paragraph 1).
(ix) A person who refuses, obstructs or evades inspection under the provisions
of Article 40 paragraph 2 (including cases in which these are applied mutatis
mutandis in Article 62 paragraph 1).
(x) A person who fails to undergo inspection under the provisions of Article 42
paragraph 2 or Article 43 paragraph 5 (and, in the case of Article 42
paragraph 2 and Article 43 paragraph 5, including cases in which these are
applied mutatis mutandis in Article 62 paragraph 1) or who commits
unlawful acts when undergoing said inspection.
(xi) A person who violates an order under the provisions of Article 46
paragraph 2 or paragraph 3, or refuses, obstructs or evades isolation,
injection, dipping, medication or disinfection under these provisions.
(xii) A person who refuses, obstructs or evades inspection or collecting or
gathering of samples under the provisions of Article 51 paragraph 1, or who
fails to make a statement or makes a false statement in response to
questions under the provisions of said paragraph.
31
(xiii) A person who fails to make a report under the provisions of Article 52, or
makes a false report.
Article 66 When the representative of a juridical person, or the agent, employee
or other worker of a juridical person or natural person commits an act of
violation in the preceding three Articles with regard to the business of said
juridical person or natural person, not only shall the offender be punished, but
said juridical person or natural person shall also be punished by the fine
prescribed in the respective Article.
Supplementary Provisions [Extract]
(1) This Act shall come into force as from June 1st, 1951.
(2) The Domestic Animal Infectious Diseases Control Act (Act No. 29 of 1922;
hereinafter referred to as "the Old Act") shall be abolished, provided, however,
that when applying Penal Provisions to acts committed before the enforcement
of this Act, the provisions then in force shall remain applicable.
(4) The dispositions and other acts of government agencies, animal quarantine
officers or prefectural animal health inspectors carried out under the
provisions of the Old Act, or orders based on the same, shall be regarded as
having been made by government agencies, animal quarantine officers or
prefectural animal health inspectors, respectively, under the corresponding
provisions of this Act or orders based on this Act.
Supplementary Provisions [Act No. 39 of March 31st, 1952 Extract]
[Extract]
(1) This Act shall come into force as from April 1st, 1952.
Supplementary Provisions [Act No. 114 of August 1st, 1953 Extract]
[Extract]
(Date of Enforcement)
(1) This Act shall come into force as from the date of promulgation.
Supplementary Provisions [Act No. 213 of August 15th, 1953 Extract]
[Extract]
(1) This Act shall come into force as from September 1st, 1953.
(2) Permissions, approvals and other dispositions, or applications, notifications
and other procedures that were implemented under the provisions of precedent
32
Acts and ordinances before the enforcement of this Act shall be regarded as
dispositions or procedures, respectively, implemented on the basis of the
corresponding provisions after the amendment.
Supplementary Provisions [Act No. 180 of August 27th, 1955 Extract]
[Extract]
(1) The date of enforcement of this Act shall be prescribed by Cabinet Order,
within a period not exceeding three months from the date of promulgation.
Supplementary Provisions [Act No. 28 of March 24th, 1956 Extract]
[Extract]
(1) This Act shall come into force as from April 1st, 1956.
(4) When applying Penal Provisions to acts committed before the enforcement of
this Act, the provisions then in force shall remain applicable after the
enforcement of this Act.
Supplementary Provisions [Act No. 131 of June 6th, 1956 Extract]
[Extract]
(Date of Enforcement)
(1) This Act shall come into force as from the date when 30 days have passed
from the date of promulgation.
Supplementary Provisions [Act No. 161 of September 15th, 1962 Extract]
[Extract]
(1) This Act shall come into force as from October 1st, 1962.
(2) Provisions after amendment under this Act shall also apply to dispositions of
government agencies made before the enforcement of this Act, inaction of
government agencies pertaining to applications made before the enforcement of
this Act, and other matters arising before the enforcement of this Act, except
when otherwise provided in these Supplementary Provisions, provided,
however, that validity arising under provisions before amendment under this
Act shall not be precluded.
(3) When petitions, applications for examination, filing of objections and other
appeals have been filed before the enforcement of this Act (hereinafter referred
to as "petitions and others"), the provisions then in force shall remain
applicable after the enforcement of this Act. The same shall also apply to
judgments, decisions and other dispositions (hereinafter referred to as
33
"judgments and others") on petitions and others made before the enforcement
of this Act, and to petitions and others in cases of further appeals against
judgments and others passed after the enforcement of this Act concerning
petitions and others filed before the enforcement of this Act.
(4) Petitions and others prescribed in the preceding paragraph pertaining to
dispositions that may be subject to appeals under the Administrative Appeals
Act after the enforcement of this Act shall, with respect to the application of
Acts other than said Act, be regarded as appeals under the Administrative
Appeals Act.
(5) Judgments and others on applications for examination, filing of objections
and other appeals made after the enforcement of this Act under the provisions
of paragraph 3 may not be subject to appeals under the Administrative Appeals
Act.
(6) The period in which appeals under the Administrative Appeals Act may be
made against dispositions of government agencies made before the enforcement
of this Act, which are open to petitions and others under provisions before
amendment under this Act and for which no period of filing has been specified,
shall commence from the date of enforcement of this Act.
(8) When applying Penal Provisions to acts committed before the enforcement of
this Act, the provisions then in force shall remain applicable after the
enforcement of this Act.
(9) Besides those specified in the preceding eight paragraphs, necessary
transitional measures concerning the enforcement of this Act shall be
prescribed by Cabinet Order.
Supplementary Provisions [Act No. 103 of June 5th, 1971]
(1) This Act shall come into force as from the date when three months have
passed from the date of promulgation, provided, however, that the amended
provisions of Article 58 paragraph 1 (excluding the part whereby ", Johne's
disease" is added after "tuberculosis") and the provisions of the following
paragraph shall come into force from the date of promulgation.
(2) When allowances have been granted, before the date of enforcement of the
amended provisions prescribed in the proviso to the preceding paragraph, to
the owners of domestic animals falling under affected animals prescribed in
Article 58 paragraph 1 (1) or (2) of the Domestic Animal Infectious Diseases
Control Act before amendment, the provisions then in force shall remain
applicable.
(3) When applying Penal Provisions to acts committed before the enforcement of
this Act, the provisions then in force shall remain applicable.
34
Supplementary Provisions [Act No. 130 of December 31st, 1971 Extract]
[Extract]
(Date of Enforcement)
(1) This Act shall come into force as from the date of effectuation of the
Agreement between Japan and the United States of America Concerning the
Ryukyu Islands and the Daito Islands.
Supplementary Provisions [Act No. 29 of May 7th, 1975]
This Act shall come into force as from the date of promulgation.
Supplementary Provisions [Act No. 87 of July 5th, 1978 Extract] [Extract]
(Date of Enforcement)
Article 1 This Act shall come into force as from the date of promulgation,
provided, however, that the provisions listed in each of the following items
shall come into force from the date specified in each respective item.
(i) The amended provisions of Article 64-4 paragraph 1, Article 66, Article 67,
Article 68 paragraph 1, paragraph 2 and paragraph 4, Article 69 and Article
69-2 paragraph 2, the amended provisions whereby one article is added after
Article 69-3, the amended provisions of Article 70 paragraph 1 and
paragraph 3, the amended provisions whereby said Article is changed to
Article 71, and the amended provisions whereby Article 72 is deleted and
Article 71 is changed to Article 72: January 1st, 1979.
(ii) The amended provisions of Article 18-8, Article 22 paragraph 2 and Article
22-3 paragraph 2, the amended provisions whereby Article 78 (6) is deleted,
the amended provisions of Article 80 (1) and Article 81, the amended
provisions of the Table in Article 82 paragraph 2 (limited to the part whereby
the row on the Freshwater Fisheries Research Laboratory is deleted), the
amended provisions of Article 83, the amended provisions whereby one
article is added after said Article and the amended provisions of Article 87:
The date prescribed by Cabinet Order for each provision within the period
ending March 31st, 1979.
(iii) The amended provisions of Article 18 paragraph 3, Article 18-3 paragraph
2 and Article 21 paragraph 2: The date prescribed by Cabinet Order for each
provision within the period ending March 31st, 1980.
Supplementary Provisions [Act No. 37 of May 18th, 1985 Extract]
[Extract]
35
(Date of Enforcement, etc.)
(1) This Act shall come into force as from the date of promulgation.
Supplementary Provisions [Act No. 80 of December 19th, 1989 Extract]
[Extract]
(Date of Enforcement)
(1) This Act shall come into force as from a date prescribed by Cabinet Order
within a range not exceeding six months from the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
(7) When applying Penal Provisions to acts committed before the enforcement of
this Act, the provisions then in force shall remain applicable.
Supplementary Provisions [Act No. 34 of April 11th, 1997]
(Date of Enforcement)
Article 1 This Act shall come into force as from a date prescribed by Cabinet
Order within a range not exceeding one year from the date of promulgation,
provided, however, that the provisions of Article 1 shall come into force from
April 27th, 1997.
(Transitional Measures Accompanying Amendment under the Provisions of
Article 2)
Article 2 (1) In the case of notifications and reports under the provisions of
Article 4 paragraph 3 of the Domestic Animal Infectious Diseases Control Act
before amendment under the provisions of Article 2 (hereinafter referred to as
"the old Act") pertaining to domestic animals for which notification under the
provisions of paragraph 1 of said Article has been made before the date of
enforcement of this Act (hereinafter referred to as "the date of enforcement"),
the provisions then in force shall remain applicable.
(2) When Article 7 and Article 8 of the Domestic Animal Infectious Diseases
Control Act after amendment under the provisions of Article 2 (hereinafter
referred to as "the new Act") are applied to domestic animals that have
undergone inspection under the provisions of Article 6 paragraph 1 of the old
Act before the date of enforcement, said domestic animals shall be regarded as
having undergone inspection under the provisions of Article 5 paragraph 1 of
the new Act.
(3) In the case of inspection in Article 6 paragraph 1 of the old Act for which
public notice has been made before the date of enforcement under the
provisions of paragraph 2 of said Article, the provisions then in force shall
36
remain applicable.
(4) provisions of Article 13 paragraph 4 of the old Act pertaining to domestic
animals for which notification under the provisions of paragraph 1 of said
Article has been made before the date of enforcement, and public notice,
reports and notification under the provisions of paragraph 5 of said Article, the
provisions then in force shall remain applicable.
(5) When the permission in the proviso to Article 36 paragraph 1 of the old Act
has already been obtained for the import of pathogens of domestic animal
infectious diseases upon enforcement of this Act, the provisions then in force
shall remain applicable.
(6) Applications for the permission in the proviso to Article 36 paragraph 1 of the
old Act that have already been made upon enforcement of this Act shall be
regarded as applications for the permission in the proviso to Article 36
paragraph 1 of the new Act made under the provisions of said paragraph, in
the case of those pertaining to pathogens of the domestic animal infectious
diseases listed in item (2) of said paragraph, and as notification made under
the provisions of Article 36-2 paragraph 1 of the new Act, in the case of those
pertaining to pathogens of the domestic animal infectious diseases in said
paragraph.
(7) When inspection under the provisions of Article 40 paragraph 1, Article 42
paragraph 2, and Article 43 paragraph 2 or paragraph 5 of the old Act has not
been carried out on designated quarantine items for which notification under
the provisions of Article 40 paragraph 1 of the old Act, notification under the
provisions of Article 42 paragraph 2 of the old Act, notification under the
provisions of Article 43 paragraph 1 of the old Act or notification under the
provisions of paragraph 5 of said Article (referred to hereafter in this
paragraph as "notification, etc.") has been made before the date of enforcement,
said notification, etc., shall be regarded as notification under the provisions of
Article 40 paragraph 1 of the new Act, notification under the provisions of
Article 42 paragraph 2 the new Act, notification under the provisions of Article
43 paragraph 1 of the new Act, or notification under the provisions of
paragraph 5 of said Article.
(8) The provisions of Article 44 and Article 46 of the new Act shall apply to
inspection carried out under the provisions of Article 40 paragraph 1 or
paragraph 2, Article 41, Article 42 paragraph 2 or Article 43 paragraph 2 or
paragraph 5 of the old Act before the date of enforcement, for which the issue
of certificates of import quarantine inspection under the provisions of Article
44 of the old Act or measures under the provisions of Article 46 of the old Act
have not been implemented before the date of enforcement.
(9) In the case of allowances granted under the provisions of Article 58 of the old
Act pertaining to affected animals that are slaughtered under the provisions of
37
Article 17 of the old Act before the date of enforcement, suspected affected
animals that are slaughtered under the provisions of Article 17 or Article 20
paragraph 1 of the old Act before the date of enforcement, animals that die or
the fetuses of animals that suffer still birth or abortion as a result of inspection,
injection, dipping or medication under the provisions of Article 6 paragraph 1,
Article 30 paragraph 1, Article 31 paragraph 1 or Article 46 paragraph 2 of the
old Act before the date of enforcement, or objects that are incinerated or buried
under the provisions of Article 23 of the old Act before the date of enforcement,
sharing of expenses under the provisions of Article 59 of the old Act pertaining
to the carcasses of domestic animals or objects that are incinerated or buried
under the provisions of Article 21 paragraph 1 or Article 23 paragraph 1 of the
old Act before the date of enforcement, or sharing of expenses listed in each
item of Article 60 of the old Act considered necessary for prefectural governors
or prefectural animal health inspectors to execute the old Act under the
provisions of said Article before the date of enforcement, the provisions then in
force shall remain applicable.
(Transitional Measures Concerning Penal Provisions)
Article 3 When applying Penal Provisions to acts committed before the
enforcement of this Act and acts committed after the enforcement of this Act
for which the provisions then in force are to remain applicable under the
provisions of Article 2 paragraph 3 of the Supplementary Provisions, the
provisions then in force shall remain applicable.
Supplementary Provisions [Act No. 87 of July 16th, 1999 Extract]
[Extract]
(Date of Enforcement)
Article 1 This Act shall come into force as from April 1st, 2000, provided,
however, that the provisions listed in each of the following items shall come
into force from the date specified in each respective item.
(i) The amended provisions whereby five articles, section headings, two
subsections and subsection headings are added after Article 250 of the Local
Autonomy Act in Article 1 (limited to the part pertaining to Article 250-9
paragraph 1 of said Act (limited to the part pertaining to obtaining the
consent of both Houses of the Diet)), the amended provisions of paragraph 9
and paragraph 10 of the Natural Parks Act Supplementary Provisions in
Article 40 (limited to the part pertaining to paragraph 10 of said
Supplementary Provisions), the provisions of Article 244 (excluding the part
pertaining to the amended provisions of Article 14-3 of the Agricultural
Improvement Promotion Act), the provisions of Article 472 (excluding the
38
part pertaining to the amended provisions of Article 6, Article 8 and Article
17 of the Municipal Merger Act), and the provisions of Article 7, Article 10,
Article 12, the proviso to Article 59, Article 60 paragraph 4 and paragraph 5,
Article 73, Article 77, Article 157 paragraph 4 through paragraph 6, Article
160, Article 163, Article 164 and Article 202 of the Supplementary
Provisions: The date of promulgation
(Affairs of the National Government)
Article 159 Besides those prescribed in various Acts before amendment under
this Act, the affairs of the national government, other local governments and
other public entities that were managed or executed by local government
organs in accordance with Acts or Cabinet Orders based thereon before the
enforcement of this Act (referred to in Article 161 of the Supplementary
Provisions as "affairs of the national government") shall, after the enforcement
of this Act, be processed by local governments as the affairs of said local
governments in accordance with Acts or Cabinet Orders based thereon.
(Transitional Measures Concerning Dispositions, Applications)
Article 160 (1) When applying various Acts after their amendment after the date
of enforcement of this Act, excluding those specified in the provisions of Article
2 through the preceding Article of the Supplementary Provisions or in
provisions concerning transitional measures in the respective Acts after their
amendment (including orders based thereon), dispositions of permissions, and
other acts implemented under the provisions of the respective Acts before their
amendment before the enforcement of this Act (or, in the case of provisions
listed in the various items of Article 1 of the Supplementary Provisions, said
provisions; the same shall apply hereafter in this Article and in Article 163 of
the Supplementary Provisions) (hereafter in this Article referred to as
"dispositions and other acts") or applications for permissions, etc., and other
acts already implemented under the provisions of the respective Acts before
their amendment upon enforcement of this Act (hereafter in this Article
referred to as "applications and other acts") for which the person who is to
execute administrative affairs pertaining to these acts changes to a different
person on the date of enforcement of this Act, shall be regarded as dispositions
and other acts, or applications and other acts, implemented under the
corresponding provisions of the respective Acts after their amendment.
(2) Matters for which reports, notifications, submissions and other procedures
were to be made vis-a-vis national or local government organs under the
provisions of various Acts before their amendment before the enforcement of
this Act, and for which said procedures have not been carried out before the
date of enforcement of this Act, except as otherwise provided in this Act and
39
Cabinet Orders based thereon, shall be regarded as matters for which reports,
notification, submissions and other procedures that have to be made vis-a-vis
the corresponding organs of national or local governments under the
corresponding provisions of the respective Acts after their amendment have not
been made, and the provisions of the respective Acts shall be applied after
amendment under this Act.
(Transitional Measures Concerning Appeals)
Article 161 (1) Appeals under the Administrative Appeals Act concerning
dispositions pertaining to affairs of the national government, etc., that were
implemented before the date of enforcement, and for which there was a higher
government agency as prescribed in said Act (hereafter in this Article referred
to as "higher government agency") than the government agency that
implemented said dispositions (hereafter in this Article referred to as
"disposing agency") before the date of enforcement, shall still be regarded as
having a higher government agency than said disposing agency even after the
date of enforcement, and the provisions of the Administrative Appeals Act shall
be applied. In this case, the government agency regarded as a higher
government agency of said disposing agency shall be the government agency
that was the higher government agency of said disposing agency before the
date of enforcement.
(2) When, in cases in the preceding paragraph, the government agency regarded
as the higher government agency is a local government organ, the affairs to be
processed by said organ under the provisions of the Administrative Appeals Act
shall be Type 1 statutory entrusted functions prescribed in Article 2 paragraph
9 (1) of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162 When fees were to be paid under the provisions of various Acts
(including orders based thereon) before their amendment under this Act before
the date of enforcement, except as otherwise provided in this Act and Cabinet
Orders based thereon, the provisions then in force shall remain applicable.
(Transitional Measures Concerning Penal Provisions)
Article 163 When applying Penal Provisions to acts committed before the
enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 164 (1) Besides those prescribed in these Supplementary Provisions,
necessary transitional measures accompanying the enforcement of this Act
(including transitional measures concerning penal provisions) shall be
40
prescribed by Cabinet Order.
(2) Necessary matters concerning the application of the provisions of Article 18,
Article 51 and Article 184 of the Supplementary Provisions shall be prescribed
by Cabinet Order.
(Review)
Article 250 As well as striving to ensure that, as far as possible, the Type 1
statutory entrusted functions prescribed in Article 2 paragraph 9 (1) of the new
Local Autonomy Act are not newly established, those listed in Appended Table
1 of the new Local Autonomy Act and those indicated in Cabinet Orders based
on said Act shall be subjected to review and appropriately revised at suitable
times, from the viewpoint of promoting regional devolution.
Article 251 To enable local governments to execute their affairs and projects
autonomously and independently, the government shall, while taking account
of trends in financial circumstances, review means of enhancing and securing
local tax revenues in accordance with the distribution of roles between the
national and local governments, and shall take necessary measures based on
the results thereof.
Article 252 The government shall, with a view to protecting the interests of
insured persons and others, increasing the efficiency of administrative
processing, and so on, review systems of administrative processing for social
security, requirements of employees employed therein, and other matters, in
line with reforms of the medical insurance system, pension system, and when
deeming it necessary, shall take requisite measures based on the results
thereof.
Supplementary Provisions [Act No. 160 of December 22nd, 1999 Extract]
[Extract]
(Date of Enforcement)
Article 1 This Act (excluding Article 2 and Article 3) shall come into force from
January 6th, 2001.
Supplementary Provisions [Act No. 123 of November 22nd, 2000]
This Act shall come into force as from the date when 10 days have passed from
the date of promulgation.
Supplementary Provisions [Act No. 70 of June 14th, 2002 Extract]
41
[Extract]
(Date of Enforcement)
Article 1 This Act shall come into force as from the date when 20 days have
passed from the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 7 When applying Penal Provisions to acts committed before the
enforcement of this Act and acts committed after the enforcement of this Act in
cases when the provisions then in force are to remain applicable under the
provisions of Article 3 paragraph 4 and the preceding Article of the
Supplementary Provisions, the provisions then in force shall remain applicable.
(Review of Administration Concerning Food Safety)
Article 8 In view of the fact that it was impossible to prevent an outbreak of
bovine spongiform encephalopathy, the government shall consider a radical
revision of the administration concerning the safety of food from production to
consumption, with a view to strengthening collaboration between relevant
ministries and agencies.
Supplementary Provisions [Act No. 100 of July 31st, 2002]
(Date of Enforcement)
Article 1 This Act shall come into force as from the date of enforcement of the
Act Concerning Service of Correspondence by Private Proprietors (Act No. 99 of
2002).
(Transitional Measures Concerning Penal Provisions)
Article 2 When applying Penal Provisions to acts committed before the
enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 3 Besides those specified in the preceding Article, necessary transitional
measures concerning the enforcement of this Act shall be prescribed by Cabinet
Order.
Supplementary Provisions [Act No. 152 of December 13th, 2002 Excerpt]
[Extract]
(Date of Enforcement)
Article 1 This Act shall come into force as from the date of enforcement of the
42
Act Concerning Utilization of Information Communication Technology in
Administrative Procedures and Other Procedures (Act No. 151 of 2002).
(Transitional Measures Concerning Penal Provisions)
Article 4 When applying Penal Provisions to acts committed before the
enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 5 Besides those specified in the preceding three paragraphs, necessary
transitional measures concerning the enforcement of this Act shall be
prescribed by Cabinet Order.
Supplementary Provisions [Act No. 73 of June 11th, 2003 Excerpt]
[Extract]
(Date of Enforcement)
Article 1 This Act shall come into force as from a date prescribed by Cabinet
Order within a range not exceeding three months from the date of
promulgation.
(Review)
Article 2 The government shall, when five years have passed after the
enforcement of this Act, conduct a review of the state of enforcement of
provisions after amendment under the provisions of Article 1 through Article 5,
and other matters, and, when deeming it necessary, shall take requisite
measures based on the results thereof.
(Transitional Measures Accompanying Partial Amendment of the Domestic
Animal Infectious Diseases Control Act)
Article 3 Dispositions, procedures and other acts pertaining to fowl plague
prescribed in row 23 of the Table in Article 2 paragraph 1 of the Domestic
Animal Infectious Diseases Control Act before amendment under the
provisions of Article 5 implemented before the enforcement of this Act shall be
regarded as having been carried out as dispositions, procedures and other acts
pertaining to highly pathogenic avian influenza prescribed in row 23 of the
Table in Article 2 paragraph 1 of the Domestic Animal Infectious Diseases
Control Act after amendment under the provisions of Article 5.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 4 When applying Penal Provisions to acts committed before the
enforcement of this Act, the provisions then in force shall remain applicable.
43
(Delegation to Cabinet Orders)
Article 5 Besides those prescribed in these Supplementary Provisions, necessary
transitional measures concerning the enforcement of this Act shall be
prescribed by Cabinet Order.
Supplementary Provisions [Act No. 68 of June 2nd, 2004]
This Act shall come into force as from the date of promulgation, provided,
however, that the amended provisions of Article 63 and Article 64 shall come into
force from the date when 20 days have passed from the date of promulgation.
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