Order for Enforcement of the Consumer Safety Act (Tentative translation)
The Cabinet hereby establishes this Cabinet Order pursuant to the provisions of the items of Article 2, paragraph (5) and the items of paragraph (6), Article 10, paragraph (1), item (iii) and paragraph (2), item (iii), and Article 23 of Consumer Safety Act (Act No. 50 of 2009).
(Scale of damage in which an accident to harm the lives or bodies of consumers is regarded to fall under consumer accident)
Article 1 The scale of damage provided for by a Cabinet Order set forth in Article 2, paragraph (5), item (i) of Consumer Safety Act (hereinafter referred to as "Act") shall be the scale of damage which falls under any of the following items:
(i) Death;
(ii) injury or disease for which treatment requires no less than one day (excluding the mild case in which it is recognized that medical treatment at normal medical facility for said medical treatment is unnecessary);
(iii) poisoning by carbon monoxide or other substance provided for by Cabinet Office Ordinance.
(Requirements in which a situation involving a consumer's use, etc. of a good, etc. or service that is lacking in consumption safety is regarded to fall under consumer accident)
Article 2 Requirements provided for by Cabinet Order set forth in Article 2, paragraph (5), item (ii) of the Act shall fall under any of the following items:
(i) Said good, etc. or said service was not in conformity to the standards based on the provisions of the Act (including the order based on this. The same shall apply hereinafter) concerning a good, etc. or service to ensure safety of life or body of the consumer in which an enterprise is required to be in conformity to a good, etc. or service;
(ii) in addition to what is listed in preceding item, in the use of said good, etc. or said service, there was damage, failure, pollution or alternation, other degradation or overheat, abnormal noise and other abnormal conditions to the commodity (excluding those that are used for eating or drinking), facility, or structure ;
(iii) in addition to what is listed in item (i), in the use of said good or said service, the commodity (limited to those that are for eating or drinking; hereinafter same shall apply in this item.) has deteriorated, rotted, become unclean, or contaminated with pathogens; or contains or is covered with toxic or harmful substances, had contamination or the addition of foreign substances, or had abnormal odor, damage to its container or package or other abnormalities; or
(iv) In addition to what is listed in preceding item (iii), occurrence of suffocation or other substantial threat to the consumer's life or body in the use, etc. of said good, etc. or said service.
(Act that is likely to unjustly harm the interests of consumers)
Article 3 The acts provided for by Cabinet Order in Article 2, paragraph (5), item (iii) of the Act shall be as follows:
(i) Deceitful or exaggerated advertising or indication for a good, etc. or service;
(ii) with regard to the conclusion of contracts with consumers (limited to a contract concluded on behalf of business; hereinafter the same shall apply in this article), engaging in any act specified in one of the following (a) to (d) upon soliciting a consumer for conclusion of a contact or in order to prevent revocation, cancellation, or termination of application of said contract by a consumer;
(a) Intentional failure to disclose facts or the misrepresentation thereof with regard to matters concerning said contract, and that would normally affect a decision as to whether a consumer would conclude such contract or would cancel or terminate said contract;
(b) providing conclusive evaluations of future prices, amounts of money that a consumer should receive in the future, utility and other matters to be produced in the future by using it, etc., and other uncertain items subject to future change with respect to goods, rights, services and other matters that are to be the subject of said contract;
(c) failing to leave a place where a consumer resides or does business in defiance of the consumer's request to the enterprise to leave such place: and
(d) preventing a consumer from leaving a place where the enterprise is soliciting the consumer to enter into a said contact or the consumer has the intention to withdraw, cancel, or terminate said contract in defiance of the consumer's request to leave such a place;
(iii) in addition to what is provided for in preceding item, to deceive, intimidate or distress a consumer with regard to conclusion or performance of a contract with the consumer, or withdrawal, cancellation, or termination of application of said contract by a consumer;
(iv) concluding a contract which falls under any of the following (a) or (b) or soliciting a consumer with regard to concluding said contract;
(a) A contract which a consumer may rescind his/her intension to offer or accept said contract provided for by Cabinet Order pertaining to the protection of interests of said consumer; pursuant to the provisions of Article 4, paragraph (1) to paragraph (3) of the Consumer Contract Act (Act No. 61 of 2000) and other provision of the Act pertaining to a consumer rescinding his/her intention to offer or accept a contract between other consumers and an enterprise.
(b) A contract including provisions of the contract which is to be invalid for the cases provided for by a Cabinet Order pertaining to protection of interest of the consumer; pursuant to the provision of Article 8, paragraph (1), Article 9 or Article 10 of the Consumer Contract Act and the provision of the Act with regard to the effects of provisions of articles of contract between a consumer and an enterprise.
(v) refusing or significantly delay without justifiable grounds the obligation based on the contract with a consumer, or performing all or part of the obligation which may arise from cancellation or termination of said contract;
(vi) offering premiums in violation of the provision of Article 3 of the Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962); or
(vii) in addition to what is listed in preceding items, any act in violation of what is provided for in a Cabinet Order pertaining to protection of interest of the consumer; pursuant to the provisions of the Act with regard to conclusion or performance of the contract with a consumer, provision of the Act with regard to regulation of act of an enterprise pertaining to withdrawal, cancellation, or termination of offer to said contract by a consumer.
(Requirements in which occurrence of an accident to harm consumer's life or body is regarded to fall under serious accident)
Article 4 The requirements provided for by Cabinet Order set forth in Article 2, paragraph (7), item (i) of the Act shall be those in which the life or body of a consumer is harmed to the extent provided in any of the following items:
(i) Death ;
(ii) injury or disease for which treatment requires no less than 30 days or which causes physical disability provided for by Cabinet Office Ordinance when those are cured (including when relevant symptoms become fixed);
(iii) poisoning by carbon monoxide or other substance provided for by Cabinet Office Ordinance.
(Requirements in which a situation involving a use of a good or service that is lacking in consumption safety is regarded to fall under serious accident)
Article 5 The requirements provided for by Cabinet Order set forth in Article 2, paragraph (7), item (ii) of the Act shall fall under any of the following items:
(i) They shall fall under Article 2, item (ii) and fall under any of the following (a) or (b):
(a) In the use, etc. of said good, etc., or said service., there was damage, failure, pollution or alternation, or other degradation in the important part to ensure the consumer safety of the commodity (excluding those that are used for eating or drinking), facility, or structure;
(b) in the use, etc., of said good, etc., or said service, etc., there were poisonous substances under Article 2, paragraph (1) of Poisonous and Deleterious Substances Control Act (Act No. 303 of 1950), or deleterious substances under the same Article, paragraph (2), deadly poison under Article 44, paragraph (1) of Pharmaceutical Affairs Act (Act No. 145 of 1960), or deleterious substances under the same Article, paragraph (2), or substances having equivalent toxic or deleterious ability with these were contained in or adhering to the commodity (limited to those that are for eating or drinking)
(ii) in addition to what is listed in preceding items, in the use, etc., of said good, etc. or said service, there was a significant danger to the consumer's life or body such as suffocation, or there was fire or other significantly abnormal situations.
(Standards of the Consumer Affairs Centers Established by the Prefecture)
Article 6 The standard provided for by a Cabinet Order set forth in Article 10, paragraph (1), item (iii) of the Act shall be those which administrative functions listed in Article 8, paragraph (1), (a) and (b) of item (ii) of the Act may be performed for at least 4 days a week.
(Standards of the Consumer Affairs Centers Established by the Municipality)
Article 7 The standard provided for by a Cabinet Order set forth in Article 10, paragraph (2), item (iii) of the Act shall be those which administrative functions listed in Article 8, paragraph (2), item (i) and (ii) of the Act may be performed for at least 4 days a week.
(Authority which is not delegated to the Minister of State for Consumer Affairs)
Article 8 Authority provided for by a Cabinet Order set forth in Article 46, paragraph (1), item (i) of the Act shall be authority under the provisions of Article 6, paragraph (1) and the same Article, paragraph (4) and paragraph (5) of the Act (including cases where these provision are applied mutatis mutandis under the same Article, paragraph (6)), Article 7, Article 13, paragraph (4), Article14, paragraph (1) (limited to the part pertaining to the request of cooperation to the heads of relevant administrative organs (limited to those who are Ministers of State)), Article 19, Article 31, paragraph (1) and paragraph (3), Article 32, Article 33, Article 38, paragraph (2) (limited to the part pertaining to the provision of information to the heads of relevant administrative organs (limited to those who are Ministers of State)), Article 39, Article 40, paragraph (2), paragraph (3), and paragraph (5) to paragraph (8) and Article 41 to Article 44.
(Administrative function which the prefectural governor or mayor of the municipality in which a consumer affairs center is established may carry out)
Article 9 (1) Administrative functions which the prefectural governor or mayor of the municipality in which a consumer affairs centers is established (hereinafter referred to as "prefectural governor, etc." in this Article) may carry out pursuant to the provision of Article 46, paragraph (2) of the Act shall be all or part of administrative functions pursuant to the provision of Article 45, paragraph (1) of the Act which he/she requests reports, enter an office to conduct an on-site investigations or ask questions, and collect items from an enterprise which has an office located in a district of said prefecture or municipality where its office belongs, offices or other places of business of the enterprises concerned.
(2) If the prefectural governor shall carry out administrative function provided for in preceding paragraph pursuant to the provisions of Article 46, paragraph (2) of the Act, the Secretary-General of the Consumers Affairs Agency shall clarify the contents of administrative function and request to obtain consent of said prefectural governor, etc. in advance, for carrying out the administrative function by said prefectural governor.
(3) If the prefectural governor, etc. is asked for consent from the Secretary-General of the Consumers Affairs Agency, the prefectural governor, etc. shall decide whether he/she is to give consent on its content and inform the Secretary-General of the Consumers Affairs Agency to that effect.
(4) If the Secretary-General of the Consumers Affairs Agency decides that administrative functions provided for in paragraph (1) pursuant to the provisions of Article 46, paragraph (2) of the Act shall be carried out by prefectural governor, etc., he/she shall give public notice thereof and of the content of administrative functions that said prefectural governor shall carry out in the Official Gazette immediately.
(5) The prefectural governor, etc. shall report thereof and its content to the Secretary-General of the Consumers Affairs Agency if he/she carries out administrative functions provided for in paragraph (1) pursuant to the provision of Article 46, paragraph (2) of the Act.
(6) The Secretary-General of the Consumers Affairs Agency may carry out said administrative functions by himself/herself even if the prefectural governor, etc. shall carry out the administrative function provided in paragraph (1) pursuant to the provision of Article 46, paragraph (2) of the Act
(7) The provisions of paragraph (2) to paragraph (4) inclusive shall apply mutatis mutandis if the Secretary-General of the Consumers Affairs Agency shall change the content of administrative functions that prefectural governor, etc. is to carry out or decides that said prefectural governor, etc. is not to carry out said administrative function pursuant to the provision of Article 46, paragraph (2) of the Act.
Supplementary Provisions [Extract]
(Enforcement Date)
(1) This Cabinet Order comes into effect as of the enforcement date of the Act (September 1 of 2009)
Supplementary Provisions [Cabinet Order No.250 of September 26 of 2012]
This Cabinet Order comes into effect as of October 1 of 2012
Supplementary Provisions [Cabinet Order No.89 of March 27 of 2013]
This Cabinet Order comes into effect as of April 1 of 2013.