Plant Protection Act


Published: 2005

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Plant Protection Act

(Act No. 151 of May 4, 1950)

Table of Contents

Chapter I General Provisions (Article 1 - 5)

Chapter II International Plant Quarantine (Article 5-2 - 11)

Chapter III Domestic Plant Quarantine (Article 12 - 16-5)

Chapter IV Emergency Action (Article 17 - 21)

Chapter V Control of Specified Pests (Article 22 - 28)

Chapter VI Protection by Prefecture (Article 29 - 34)

Chapter VII Miscellaneous Provisions (Article 35 - 38-2)

Chapter VIII Penal Provisions (Article 39 - 42)

Supplementary Provisions

Chapter I General Provisions

(Purpose of Act)

Article 1 The purpose of this Act is to quarantine imported and export plants,

and domestic plants, and to control animals and plants injurious to plants, and

to prevent them from spreading and thereby ensure the safety and promotion

of agricultural production.

(Definition)

Article 2 (1) "Plant" as used in this Act means plants that belong to flowering

plants, pteridophytes or bryophytes (including their parts, seeds, fruits and

processed goods such as straw mat or straw bale or other similar products),

excluding injurious plants under the following paragraph.

(2) "Injurious plant" as used in this Act means fungus, slime mold, bacterium,

parasitic plant and virus that are injurious to useful plants directly or

indirectly.

(3) "Injurious animal" as used in this Act means insect, arthropod such as mite,

invertebrate such as nematode, or vertebrate that is injurious to useful plants.

(4) "Pest forecasting program" as used in this Act means program carried out for

the purpose of timely and economical control of injurious plants or injurious

animals by surveying the multiplication of injurious plants or injurious

animals, weather, growth of crops or other, so as to reconnoiter the prevalence

of damage to crops caused by injurious animals or injurious plants and to

provide persons concerned with information based on such a survey

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(Plant Protection Officer and Plant Protection Staff)

Article 3 (1) A plant protection officer shall be established in the Ministry of

Agriculture, Forestry and Fisheries for the purpose of engaging in the

quarantine or control set forth in this Act,

(2) Plant protection staff may be established in the Ministry of Agriculture,

Forestry and Fisheries for assisting work of quarantine or control conducted by

the plant protection officer.

(3) The plant protection staff shall be a part-time employee.

(Authority of Plant Protection Officer)

Article 4 (1) In the event that the plant protection officer considers that there

are plants, containers or packages to which injurious animals or injurious

plants could be attached, he/she may enter sites, storage places, warehouses,

offices, vessels, vehicles or aircraft, and inspect such plants, containers,

packages or other, question the persons concerned, or collect such plants,

containers or packages without compensation, up to a minimum quantity that

is necessary for inspection.

(2) In the event that the plant protection officer decides as a result of the

inspection pursuant to the provision of the preceding paragraph that there are

injurious animals or injurious plants and that it is necessary to perform

disinfestations or prevent their spread, he/she may order persons who own or

administrate such plants, containers or packages, sites, storage places,

warehouses, offices, vessels, vehicles or aircraft to disinfect them.

(3) In the case of the preceding paragraph, the provision of paragraph 1 of Article

20 shall apply mutatis mutandis.

(4) The authority of on-site inspection, questions and collections pursuant to the

provision of paragraph 1 shall not be construed as being part of a criminal

investigation.

(Carrying of Identification Card and Uniform)

Article 5 (1) When a plant protection officer or a plant protection staff executes

his/her duties under this Act, he/she shall carry his/her identification card that

shows his/her status, and shall produce it when he/she exercises authority

pursuant to the provision of paragraph 1 of the preceding Article, or when

he/she is so requested by the person concerned.

(2) The uniform of the plant protection officer shall be specified by the Minister

of Agriculture, Forestry and Fisheries.

Chapter II International Plant Quarantine

(Quarantine Pest)

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Article 5-2 (1) "Quarantine Pest" as used in this Chapter means injurious

animals or injurious plants that could do harm to useful plants in case of

spreading, and are provided for in the Ordinance of the Ministry of Agriculture,

Forestry and Fisheries as those that fall under any of the following categories :

(i) A pest not confirmed to present in Japan.

(ii) A pest present in a part of Japan and for which pest outbreak forecasting

program and other measures necessary for control is being officially

undertaken by the national government;.

(2) In the event that the Minister of Agriculture, Forestry and Fisheries intends

to provide an Ordinance of the Ministry of Agriculture, Forestry and Fisheries

pursuant to the provision of the preceding paragraph, he/she shall hold a

public hearing in advance and hear the opinion of interested persons and

persons with relevant knowledge and experience.

(Restrictions on Importation)

Article 6 (1) Imported plants (excluding plants that are not used for cultivation

and provided for in the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries as those with little possibility of Quarantine Pests being attached:

hereinafter the same shall apply in this paragraph and the following

paragraph) and their containers or packages shall not be imported, except for

those to which a phytosanitary certificate, or its copy, issued by a

governmental organization of the exporting country is attached, which states to

the effect that it is confirmed or believed that a Quarantine Pest is not

attached to them as a result of inspection by such organization; however, this

shall not apply to the following plants and their containers or packages:

(i) Plants and their containers or packages that are imported from countries

having no governmental organizations for plant quarantine, for which

particularly careful inspection is carried out pursuant to the provision of this

Chapter;

(ii) Plants and their containers or packages that are imported from countries

provided for in the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries, for which matters to be stated in the phytosanitary certificate or

its copy are transmitted from the governmental organization of such

countries to an electronic computer used by the plant protection station

(including input and output devices) by way of a telecommunications line and

are recorded in a file stored in such electronic computer.

(2) Plants sent from areas provided for in the Ordinance of the Ministry of

Agriculture, Forestry and Fisheries, for which it is provided for in the

Ordinance of the Ministry of Agriculture, Forestry and Fisheries that they

need to be inspected at their place of cultivation for the purpose of properly

executing the inspection pursuant to the provision of paragraph 1 of Article 8,

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shall not be imported except for those to which an inspection certificate, or its

copy, issued by a governmental organization of the exporting country is

attached, which states to the effect that it is confirmed or believed that a

Quarantine Pest provided for in the Ordinance of the Ministry of Agriculture,

Forestry and Fisheries is not attached to them as a result of the inspection

carried out by such organization at their place of cultivation. In this case, the

provision of the proviso of said paragraph (excluding item (i)) shall apply

mutatis mutandis.

(3) Plants and import-prohibited articles listed in paragraph 1 of the following

Article shall not be imported at any place other than ports and airports

provided for in the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries, except for cases in which they are imported as postal items.

(4) Plants and import-prohibited articles listed in paragraph 1 of the following

Article shall not be imported as small packages and postal items other than

parcel post or correspondence mail set forth in paragraph 3 of Article 2 of the

Act Concerning Service of Correspondence by Private Proprietors (Act No. 99 of

2002) (referred to in the following paragraph as the "Correspondence Mail").

(5) Any person who has received plants or import-prohibited articles listed in

paragraph 1 of the following Article as small packages and postal items other

than parcel post or Correspondence Mail shall notify the plant protection

station without delay with the actual item attached.

(6) In the event that the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries under the main clause of paragraph 1 or paragraph 2 is provided for,

the provision of paragraph 2 of the preceding Article shall apply mutatis

mutandis.

(Prohibition on Importation)

Article 7 (1) Any person shall not import goods listed in the following

(hereinafter referred to as the "import-prohibited article"); however, this shall

not apply if the permission of the Minister of Agriculture, Forestry and

Fisheries is obtained for use in test and research and for other special purposes

provided for in the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries:

(i) Plants that are sent from areas provided for in the Ordinance of the

Ministry of Agriculture, Forestry and Fisheries or those sent by way of such

areas and which are provided for in the Ordinance of the Ministry of

Agriculture, Forestry and Fisheries;

(ii) Quarantine Pests;

(iii) Soil or plants to which soil is attached;

(iv) Containers or packages of goods listed in each of the foregoing items.

(2) In the event that permission under the proviso of the preceding paragraph is

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granted, the importation shall be accompanied by a document which certifies

that permission under said paragraph has been granted.

(3) The method of importation, method of administration after importation and

other necessary conditions may be attached to the permission under the

proviso of paragraph 1.

(4) In the event that the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries under item (i) of paragraph 1 is provided for, the provision of

paragraph 2 of Article 5-2 shall apply mutatis mutandis.

(Inspection of Imported Plants)

Article 8 (1) Any person who has imported plants or the import-prohibited

articles shall notify the plant protection station of such circumstances without

delay and shall receive an inspection by the plant protection officer on whether

or not such plants or the import-prohibited articles and their containers or

packages violate, as they are in their present state, the provision of paragraphs

1 and 2 of Article 6, whether or not they are the import-prohibited articles and

whether or not they contain quarantine pests (excluding quarantine pests

designated by the Minister of Agriculture, Forestry and Fisheries: the same

shall apply in this Article and the following Article); however, this shall not

apply if they have received an inspection pursuant to the provision of

paragraph 3 or they are imported as postal items.

(2) The inspection under the preceding paragraph shall be carried out at the

place in the port or airport under paragraph 3 of Article 6 designated by the

plant protection officer.

(3) In the event that the plant protection officer deems necessary, he/she may

inspect imported plants and containers or packages in vessels or aircraft prior

to importation.

(4) In the event that Japan Post Holdings Co., Ltd. accepts small packages or

parcel post that contain or could be suspected to contain plants or import -

prohibited articles at its offices where customs clearance formalities are

carried out, it shall notify the plant protection station of such circumstances

without delay.

(5) When notice under the preceding paragraph is given, the plant protection

officer shall inspect the small packages or parcel post under said paragraph. In

this case, if it is necessary for the inspection, such postal items may be opened

in the presence of employees of Japan Post Holdings Co., Ltd.

(6) Any person who has received small packages or parcel post that have not

received an inspection under the preceding paragraph and that contain plants,

shall notify the plant protection station of such circumstances with such postal

items without delay and shall receive an inspection by the plant protection

officer.

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(7) With regard to seeds and seedlings provided for in the Ordinance of the

Ministry of Agriculture, Forestry and Fisheries, if the plant protection officer

still deems it necessary to judge, after the inspection pursuant to the provision

of paragraphs 1, 3 and 5 or the preceding paragraph, whether or not

Quarantine Pests are present, he/she may order the owner of such plants to

carry out an isolated culture and may inspect them at the place of cultivation

or may carry out an isolated culture for himself/herself as provided for in the

Ordinance of the Ministry of Agriculture, Forestry and Fisheries.

(Action such as destruction or disinfection.)

Article 9 (1) In the event that a Quarantine Pest is found as a result of the

inspection pursuant to the preceding Article, the plant protection officer shall

disinfect or destroy such plants and containers or packages, or shall order the

person who owns or administrates them to disinfect or destroy them in the

presence of the plant protection officer.

(2) The plant protection officer may destroy plants and containers or packages

that have been imported in violation of the provision of paragraph 1 through to

paragraph 5 of Article 6, or paragraph 1 or 6 of Article 8, or may order the

person who is in possession of them to destroy them in the presence of the

plant protection officer. In the event of a violation against the order of isolated

culture pursuant to the provision of paragraph 7 of Article 8, the same shall

apply to plants pertaining to such violation.

(3) In the event that there are the import-prohibited articles imported in

violation of the provision of Article 7, the plant protection officer shall destroy

them.

(4) In the event that the plant protection officer judges, as a result of the

inspection pursuant to the preceding Article, that such plants and containers

or packages do not violate the provision of paragraphs 1 and 2 of Article 6, do

not fall under the Prohibited Imports nor contain any Quarantine Pests, he/she

shall certify that they pass the inspection.

(Inspection of Exporting Plants)

Article 10 (1) Any person who intends to export plants and their containers or

packages for which an importing country requires an inspection certificate of

an exporting country when they are imported, shall receive an inspection of the

plant protection officer to the effect that such plants and their containers or

packages conform to the requirements of such importing country and shall not

export them unless they pass such inspection.

(2) The inspection under the preceding paragraph shall be carried out at the

plant protection station; however, in the event that the plant protection officer

deems necessary, the inspection may be carried out at the location of such

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plants.

(3) Plants for which the importing country requires an inspection at the place of

cultivation when they are imported and other plants provided for in the

Ordinance of the Ministry of Agriculture, Forestry and Fisheries, shall not

receive an inspection under paragraph 1 unless they are inspected by the plant

protection officer at the place of cultivation in advance and pass such

inspection.

(4) In the event that it is necessary to comply with the request of the importing

country, the plant protection officer may further inspect the plants etc. that

have received an inspection under paragraph 1.

(Provisions for Delegation)

Article 11 (1) In addition to what is provided for in this Chapter, the procedures

and method of inspection, and the standards for dispositions that are rendered

on the basis of the result of the inspection, shall be prescribed and publicly

announced by the Minister of Agriculture, Forestry and Fisheries.

(2) In the case of the preceding paragraph, the provision of paragraph 2 of Article

5-2 shall apply mutatis mutandis.

Chapter III Domestic Plant Quarantine

(Domestic Quarantine)

Article 12 For the purpose of preventing the spread of injurious animals or

injurious plants that are newly introduced in Japan or that already occur in a

part of Japan, the Minister of Agriculture, Forestry and Fisheries shall execute

the quarantine pursuant to the provision of this Chapter.

(Inspection of Seeds and Seedlings)

Article 13 (1) Persons who produce plants that are designated by the Minister of

Agriculture, Forestry and Fisheries and are used for propagation (hereinafter

referred to as "Designated Seeds and Seedlings") (hereinafter referred to as

"Seed and Seedling Producer"), shall receive inspections of the plant protection

officer annually in respect of the Designated Seeds and Seedlings produced by

them at the place, and during the period, of cultivation.

(2) In the event that the plant protection officer considers that the purpose of

disinfestations or prevention of spread of injurious animals or injurious plants

cannot be achieved solely by inspection under the preceding paragraph, he/she

may also carry out an inspection of the Designated Seeds and Seedlings prior

to cultivation or after harvesting,.

(3) In the event that the plant protection officer considers, based on the result of

the inspection pursuant to the provision of paragraph 1 or the preceding

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paragraph, that there are no injurious animals or injurious plants designated

by the Minister of Agriculture, Forestry and Fisheries in the Designated Seeds

and Seedlings, he/she shall issue a certificate to such Seed and Seedling

Producer.

(4) Designated Seeds and Seedlings shall not be assigned, commissioned to

assign nor transferred outside the prefecture to which the place of cultivation,

where such inspection has been received, except for those to which a certificate

under the preceding paragraph, its authentic copy or extract copy issued by the

plant protection officer is attached.

(5) In the event that the plant protection officer considers as a result of the

inspection pursuant to the provision of paragraph 1 or 2 that there are

injurious animals or injurious plants under paragraph 3, he/she shall suspend

the inspection and instruct matters, which he/she deems necessary for

disinfestations of such injurious animals or injurious plants or prevention of

their spread, to such Seed and Seedling Producer orally or in writing.

(6) In the event that the Seed and Seedling Producer who has received the

instruction under the preceding paragraph has undertaken necessary

disinfestations and prevention in accordance with such instruction, he/she may

apply to the plant protection officer to continue the inspection set forth in

paragraph 1 or 2 in respect of such Designated Seeds and Seedlings.

(7) In the event that designation under paragraph 1 is to be made, the provision

of paragraph 2 of Article 5-2 shall apply mutatis mutandis.

(Disposition of Dumping)

Article 14 The plant protection officer may order persons who possess

Designated Seeds and Seedlings that are assigned, commissioned to assign or

transferred in violation of the provision of paragraph 4 of the preceding Article,

to dump them or may dump them himself/herself.

(Collection of Fee and Provisions for Delegation)

Article 15 (1) The Minister of Agriculture, Forestry and Fisheries may collect a

fee, the amount of which is provided for in the Ordinance of the Ministry of

Agriculture, Forestry and Fisheries within a scope not exceeding the actual

cost of inspection, from persons who receive an inspection pursuant to the

provision of paragraph 1 of Article 13.

(2) The provision of Article 11 shall apply mutatis mutandis to the inspection

under paragraph 1 or 2 of Article 13.

(Exclusion from Application)

Article 16 The provisions of Article 12 through to the preceding Article shall not

apply to Designated Seeds and Seedlings listed as follows:

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(i) Designated Seeds and Seedlings that are produced in an area designated by

the Minister of Agriculture, Forestry and Fisheries;

(ii) Designated Seeds and Seedlings that are produced by the prefecture or the

National Center for Seeds and Seedlings, Incorporated Administrative

Agency, and are inspected by these bodies in accordance with the standards

provided for by the Minister of Agriculture, Forestry and Fisheries;

(iii) Designated Seeds and Seedlings that are produced by the Seed and

Seedling Producer within the area of the same prefecture for their own use

for breeding.

(Restrictions on Transfer of Plants, etc.)

Article 16-2 (1) Plants within an area provided for in the Ordinance of the

Ministry of Agriculture, Forestry and Fisheries that are provided for in the

Ordinance of the Ministry of Agriculture, Forestry and Fisheries as those for

which it is necessary to restrict their transfer to other areas for the purpose of

preventing the spread of injurious animals or injurious plants and their

containers or packages, shall not be transferred to other areas, except for cases

provided for in the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries, unless a representation to the effect that the plant protection officer

judges, based on the result of an inspection carried out by him/her that no

injurious animals or injurious plants are attached, or that he/she has

disinfected them in accordance with the standards provided for in the

Ordinance of the Ministry of Agriculture, Forestry and Fisheries, is attached to

them as provided for in the Ordinance of the Ministry of Agriculture, Forestry

and Fisheries.

(2) In the event that the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries under the preceding paragraph is to be provided for, the provision of

paragraph 2 of Article 5-2 shall apply mutatis mutandis.

(Prohibition on Transfer of Plants, etc.)

Article 16-3 (1) Plants, injurious animals or injurious plants or soil within an

area provided for in the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries that are provided for in the Ordinance of the Ministry of Agriculture,

Forestry and Fisheries as those for which it is necessary to prohibit their

transfer to other areas for the purpose of preventing the spread of injurious

animals or injurious plants and their containers or packages, shall not be

transferred to other areas; however, this shall not apply if the permission of

the Minister of Agriculture, Forestry and Fisheries is obtained for use in test

and research.

(2) In the event that the Ordinance of the Ministry of Agriculture, Forestry and

Fisheries under the preceding paragraph is to be provided for, the provision of

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paragraph 2 of Article 5-2 shall apply mutatis mutandis, and in the case of the

proviso of the preceding paragraph, the provision of paragraphs 2 and 3 of

Article 7 shall apply mutatis mutandis.

(Prohibition on Loading of Vessels and Vehicles)

Article 16-4 In the event that the plant protection officer deems necessary for

the prevention of the transfer of plants, injurious animals or injurious plants

or soil and their containers or packages in violation of the provision of

paragraph 1 of Article 16-2 or paragraph 1 of the preceding Article, he/she may

order persons who own or administrate these articles not to load nor bring

these articles on or in vessels, vehicles or aircraft, or to unload these articles

loaded or brought on or in vessels, vehicles or aircraft.

(Disposition of Dumping)

Article 16-5 The plant protection officer may order persons who possess plants,

injurious animals or injurious plants or soil and their containers or packages

that have been transferred in violation of the provision of paragraph 1 of

Article 16-2 or paragraph 1 of Article 16-3 to dump them, or may dump them

for himself/herself.

Chapter IV Emergency Action

(Control)

Article 17 (1) If injurious animals or injurious plants that are newly introduced

in Japan or that already occur in a part of Japan could spread and do serious

damage to useful plants, or if the export of useful plants could be interfered

with by injurious animals or injurious plants, and in the event that the

Minister of Agriculture, Forestry and Fisheries deems necessary for their

disinfestations or prevention of their spread, he/she shall carry out the control

pursuant to the provision of this Chapter; however, this shall not apply if the

control for forest pests, etc. is carried out pursuant to the provision specified

separately by an act.

(2) In the event that the Minister of Agriculture, Forestry and Fisheries carries

out the control pursuant to the provision of the preceding paragraph, he/she

shall notify the following items publicly no later than thirty days prior to the

implementation:

(i) Area and period for control;

(ii) Kinds of injurious animals or injurious plants;

(iii) Details of control;

(iv) Other necessary items.

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(Details of Control)

Article 18 (1) The Minister of Agriculture, Forestry and Fisheries may issue an

order listed in each of the following items to the extent necessary for carrying

out the control under paragraph 1 of the preceding Article:

(i) To restrict or prohibit persons, who cultivate plants to which injurious

animals or injurious plants are attached or could be attached, from

cultivating such plants;

(ii) To restrict or prohibit the assignment or transfer of plants, containers or

packages to which injurious animals or injurious plants are attached or could

be attached;

(iii) To order persons, who own or administrate plants, containers or packages

to which injurious animals or injurious plants are attached or could be

attached, to take measures for disinfection, removal, dumping or other;

(iv) To order persons, who own or administrate articles such as agricultural

instruments, conveyers or facilities such as warehouses to which injurious

animals or injurious plants are attached or could be attached, to take

measures for disinfection or other.

(2) In the case of paragraph 1 of the preceding Article and if no time for

complying with the provision of paragraph 2 of said Article is available by

reason of emergency action, the Minister of Agriculture, Forestry and Fisheries

may, to the extent necessary for such necessity, issue an order under item (iii)

of the preceding paragraph or cause the plant protection officer to take

measures for disinfection, removal, dumping or other in respect of plants,

containers or packages to which injurious animals or injurious plants are

attached or could be attached.

(Instruction for Cooperation)

Article 19 (1) In the event that it is necessary for carrying out the control under

paragraph 1 of Article 17, the Minister of Agriculture, Forestry and Fisheries

may instruct local governments, bodies organized by agricultural workers or

pest control enterprises to cooperate with undertakings relating to the control.

(2) In the case of the preceding paragraph, a written instruction for cooperation

shall be issued.

(3) In the event that the control is carried out in accordance with the instruction

pursuant to the provision of paragraph 1, the national government shall

compensate the cost.

(Compensation for Loss)

Article 20 (1) The national government shall compensate persons who have

suffered a loss by reason of the disposition under Article 18 for the loss that

normally arises from such disposition.

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(2) Persons who intend to receive compensation pursuant to the preceding

paragraph shall submit a written application, in which the estimated amount

for compensation is described, to the Minister of Agriculture, Forestry and

Fisheries.

(3) In the event that an application under the preceding paragraph is made, the

Minister of Agriculture, Forestry and Fisheries shall decide the amount to be

compensated and notify such applicant without delay.

(4) When the Minister of Agriculture, Forestry and Fisheries decides the amount

of compensation pursuant to the provision of the preceding paragraph, he/she

shall select three appraisers including at least one agricultural worker from

the area and hear the opinion of such persons.

(5) The disposition to be accompanied by the compensation pursuant to the

provision of paragraph 1 shall be rendered within a scope in which the total

amount of compensation which becomes necessary by reason of such disposition

does not exceed the amount of budget that is approved by the Diet.

(6) Any person who is dissatisfied with the decision of the amount of

compensation under paragraph 3 may demand to increase such amount by an

action within six months after the day on which he/she receives a notice of such

decision.

(7) In the action under the preceding paragraph, the national government shall

be the defendant.

(Obligation of Report)

Article 21 In the event that the prefectural governor recognizes that injurious

animals or injurious plants that are newly introduced in Japan or that already

occur in a part of Japan could spread and do material harm to useful plants,

he/she shall report such circumstance to the Minister of Agriculture, Forestry

and Fisheries.

Chapter V Control of Specified Pests

(Specified Pest)

Article 22 "Specified Pests" as used in this Chapter and the next Chapter means

injurious animals or injurious plants that are specified by the Minister of

Agriculture, Forestry and Fisheries as those for which special measures are

required for their control since their distribution in Japan is not localized, and

they spread quickly and tend to do material harm to crops.

(Prevalence Reconnaissance Business by the National Government)

Article 23 (1) The Minister of Agriculture, Forestry and Fisheries shall carry out

Prevalence Reconnaissance Business in respect of the Specified Pests.

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(2) The prefecture shall cooperate with the Prevalence Reconnaissance Business

under the preceding paragraph in accordance with the plan established by the

Minister of Agriculture, Forestry and Fisheries upon obtaining the consent of

the prefecture.

(Plan for Control)

Article 24 (1) In the event that the Minister of Agriculture, Forestry and

Fisheries deems necessary on the basis of materials obtained as a result of the

execution of the Prevalence Reconnaissance Business under paragraph 1 of the

preceding Article or taking other circumstances into consideration, he/she shall

establish a broad outline of a plan that constitutes the base of control of the

Specified Pests to be carried out by local governments, agricultural workers or

bodies organized by them (hereinafter referred to as the "Plan for Control"),

and shall give such Plan to the prefectural governors concerned.

(2) When the prefectural governor receives the instruction under the preceding

paragraph, he/she shall promptly establish the Plan for Control relating to the

prefecture based on the broad outline under said paragraph.

(3) The area and period in which the control shall be implemented, kinds of

Specified Pests, details of the control and other necessary matters shall be

specified in the Plan for Control under the preceding paragraph.

(4) In the event that the prefectural governor has established or changed the

Plan for Control under paragraph 2, he/she shall promptly consult with the

Minister of Agriculture, Forestry and Fisheries and obtain his/her consent;

however, if the execution of the control by such Plan for Control requires

urgency, it shall be sufficient for him/her to make a report of such

circumstance.

(5) In the event that the prefectural governor has obtained consent under the

preceding paragraph or has made the report under the proviso of said

paragraph, he/she shall publicly notify the Plan for Control pertaining to such

consent or report without delay.

(Subsidy for Chemicals and Equipment for Control)

Article 25 (1) The national government may grant a subsidy of not more than

one half of the cost, within the scope of the budget, required for the purchase of

chemicals (including such substances as may be used as chemicals: the same

shall apply hereinafter), spray pumps, dust guns, fog machines and other

equipment necessary for the control (hereinafter referred to as the "Equipment

for Control") to local governments, agricultural workers or bodies organized by

them that have implemented the control based on the Plan for Control

pertaining to the public notice under paragraph 5 of the preceding Article.

(2) Persons who intend to receive the grant of the subsidy under the preceding

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paragraph shall submit a written application for subsidy, together with

documents provided for in the Ordinance of the Ministry of Agriculture,

Forestry and Fisheries, to the Minister of Agriculture, Forestry and Fisheries.

(3) In the event that the Minister of Agriculture, Forestry and Fisheries

examines the submitted documents under the preceding paragraph and

recognizes that they are properly prepared, he/she shall decide the grant of the

subsidy.

Article 26 Repealed

(Disposition, etc. of Chemicals and Free Lending of Equipment for Control")

Article 27 (1) In the event that it is specifically necessary for the control of the

Specified Pests, the national government may dish out, or transfer at a price

lower than the market price, chemicals necessary for the control or may lend

the Equipment for Control without charge to local governments, agricultural

workers or bodies organized by them that intend to implement the control

based on the Plan for Control pertaining to the public notice under paragraph 5

of Article 24.

(2) Matters necessary for the disposition, transfer and lending pursuant to the

provision of the preceding paragraph shall be specified by the Minister of

Agriculture, Forestry and Fisheries.

(3) In the case of the preceding paragraph, the Minister of Agriculture, Forestry

and Fisheries shall consult with the Minister of Finance.

(4) For serving the purpose of disposition, transfer and lending pursuant to the

provision of paragraph 1, the Minister of Agriculture, Forestry and Fisheries

shall make an effort to administrate necessary chemicals and the Equipment

for Control at any time.

(Prohibition of False Information)

Article 28 Any person shall not spread false information concerning the

occurrence of loss in a wide range of areas caused by spread of the Specified

Pests for crops in an attempt to obtain unjustifiable profit on property for the

benefit of himself/herself or of a third party.

Chapter VI Protection by Prefecture

(Protection by Prefecture)

Article 29 (1) In the event that there is a possibility that the spread of injurious

animals or injurious plants could do material harm to useful plants and that it

is necessary for their disinfestations or prevention of their spread, the

prefecture may quarantine plants or may take necessary measures for the

14

control of injurious animals or injurious plants.

(2) In the case of the preceding paragraph, the prefecture shall take care that

proper distribution of seeds and seedlings or other products produced in other

prefectures will not be interfered with.

(Recommendation on Control)

Article 30 In the event that there is a possibility that the loss could spread into

areas of other prefectures if the control of injurious animals or injurious plants

on crops (hereinafter referred to as "Control ") is not implemented, or the

method of Control is not suitable, the Minister of Agriculture, Forestry and

Fisheries may recommend such prefectures to take necessary measures for

Control.

(Prevalence Reconnaissance Business by Prefecture)

Article 31 (1) The prefecture shall carry out Prevalence Reconnaissance

Business in respect of injurious animals or injurious plants other than the

Specified Pests.

(2) The prefectural governor shall report the details and results of Prevalence

Reconnaissance Business under the preceding paragraph to the Minister of

Agriculture, Forestry and Fisheries in a timely manner.

(3) In the event that a loss of crops due to injurious animals or injurious plants

other than the Specified Pests could arise beyond the boundary of prefectures

and the Minister of Agriculture, Forestry and Fisheries deems specifically

necessary for ensuring a comprehensive adjustment of Prevalence

Reconnaissance Business by prefectures, he/she may give necessary

instructions to prefectural governors.

(4) In the event that the Minister of Agriculture, Forestry and Fisheries deems

necessary, he/she shall cause its employees to cooperate with Prevalence

Reconnaissance Business by prefectures.

(Control Station for Pests)

Article 32 (1) A control station for pests shall be established by prefectures for

the purpose of contributing to the quarantine or Control of plants in local areas.

(2) The location, name and jurisdictional district of the control station for pests

shall be provided for in a Prefectural Ordinance.

(3) In the event that a prefecture intends to establish a control station for pests,

it shall notify the Minister of Agriculture, Forestry and Fisheries in advance of

matters provided for in the Ordinance of the Ministry of Agriculture, Forestry

and Fisheries.

(4) For the purpose of achieving the purpose set forth in paragraph 1, the control

station for pests shall carry out the following work:

15

(i) Office work relating to the quarantine of plants;

(ii) Office work relating to the planning of Control;

(iii) Office work relating to guidance on and cooperation with Control

implemented by municipality, agricultural workers or bodies organized by

them;

(iv) Office work relating to the Prevalence Reconnaissance Business;

(v) Office work relating to the storage of chemicals or equipment necessary for

Control, and relating to repair of equipment necessary for Control;

(vi) Other office work necessary for Control.

(5) The control station for pests shall be the one that conforms to the standards

provided for in a Cabinet Order as necessary for carrying out office work set

forth in the preceding paragraph.

(6) In the event that there is a possibility that the spread of injurious animals or

injurious plants could do material harm to useful plants beyond the boundary

of prefectures and that it is specifically necessary for their disinfestations or

prevent their spread, the Minister of Agriculture, Forestry and Fisheries may

instruct necessary matters or require necessary reports in connection with the

office work of the control station for pests to the prefectural governor.

(7) Any facility other than the control station for pests under this Act shall not

use the characters of the "control station for pests" or similar characters in its

name.

(Control Staff for Pests)

Article 33 (1) In the event that the prefecture deems necessary for Control, it

shall establish the control staff for pests on part-time basis in each area

prescribed in the Prefectural Ordinance to cause him/her to engage in office

work pertaining to Prevalence Reconnaissance Business or any other works

relating to Control.

(2) In the case of the foregoing paragraph, the provision of paragraph 3 of the

preceding Article shall apply mutatis mutandis.

Article 34 Repealed

Chapter VII Miscellaneous Provisions

(Subsidy)

Article 35 (1) The national government shall grant a subsidy to prefectures to

allocate financial resources for the cost required for cooperation with

Prevalence Reconnaissance Business under paragraph 1 of Article 23 pursuant

to the provision of paragraph 2 of said Article and for the operation of the

control station for pests.

16

(2) With regard to the subsidy to be granted to prefectures pursuant to the

provision of the preceding paragraph, the Minister of Agriculture, Forestry and

Fisheries shall decide it in accordance with the standards provided for in a

Cabinet Order on the basis of the number of farming households, area of

agricultural land, number of municipalities and other factors, and taking the

necessity for each prefecture to carry out urgent quarantine of plants, Control

and Prevalence Reconnaissance Business, etc., into consideration.

(Appeal)

Article 36 (1) With regard to an order by the plant protection officer pursuant to

the provision of paragraph 1 or 2 of Article 9, Article 14, Article 16-4 or Article

16-5, an appeal under the Administrative Appeal Act (Act N. 160 of 1962) shall

not be permitted.

(2) Any person who is dissatisfied with the result of the inspection under

paragraph 1 or 4 of Article 10 or paragraph 2 of Article 13 may apply for re-

inspection to the plant protection officer within sixty days from the following

day of the inspection and, if he/she is dissatisfied with the result of the re -

inspection, he/she may file an action for its revocation.

(3) Any person who is dissatisfied with the result of the inspection set forth in

the preceding paragraph may only dispute pursuant to the provision of said

paragraph.

(Collection of Reports)

Article 37 In addition to cases pursuant to other provisions in this Act, in the

event that it is specifically necessary for Control, the Minister of Agriculture,

Forestry and Fisheries may request local governments, agricultural workers or

bodies organized by them to submit necessary reports.

(Office Work, etc. Processed by Prefecture)

Article 38 (1) A part of the office work performed under the authority of the

Minister of Agriculture, Forestry and Fisheries pursuant to the provision of

Article 25 and the preceding Article, may be processed by the prefectural

governor as provided for in a Cabinet Order.

(2) A part of the authority of the Minister of Agriculture, Forestry and Fisheries

set forth in Chapter III through to this Chapter may be delegated to the head

of the regional agricultural administration office as provided for in an

Ordinance of the Ministry of Agriculture, Forestry and Fisheries.

(Classification of Office Work)

Article 38-2 Office work that is to be dealt with by the prefecture pursuant to

the provision of Article 21 shall be No. 1 statutory entrusted office work set

17

forth in item (i) of paragraph 9 of Article 2 of the Local Autonomy Act (Act No.

67 of 1947).

Chapter VIII Penal Provisions

Article 39 Any person who falls under any one of the following items shall be

punished by imprisonment with work for not more than 3 years or a fine of no

more than one million yen:

(i) A person who violates the provisions of paragraph 1, 2 or 3 of Article 6,

paragraph 1 of Article 7, paragraph 4 of Article 13, paragraph 1 of Article 16-

2 or paragraph 1 of Article 16-3;

(ii) A person who violates the conditions for permission pursuant to the

provisions of paragraph 3 of Article 7 (including cases in which said provision

is applied mutatis mutandis in paragraph 2 of Article 16-3);

(iii) A person who fails to receive an inspection pursuant to the provisions of

paragraph 1 of Article 8 or commits unlawful acts when receiving such

inspection;

(iv) A person who violates an order pursuant to the provisions of paragraph 1

of Article 18.

Article 40 Any person who falls under any one of the following items shall be

punished by imprisonment with work for not more than 1 year or a fine of no

more than five hundred thousand yen:

(i) A person who fails to receive an inspection pursuant to the provisions of

paragraph 6 of Article 8 or commits unlawful acts when receiving such

inspection;

(ii) A person who violates an order pursuant to the provisions of paragraph 7 of

Article 8 or Article 16-4;

(iii) A person who violates an order pursuant to the provisions of paragraph 1

or 2 of Article 9 or who refuses, interferes with or avoids a disposition

pursuant to the provisions of paragraph 1, 2 or 3 of said Article;

(iv) A person who violates the provisions of paragraph 1 of Article 10 or

commits unlawful acts when receiving an inspection under said paragraph;

(v) A person who violates an order pursuant to the provisions of Article 16-5 or

who refuses, interferes with or avoids a disposition pursuant to the

provisions of said Article;

(vi) A person who violates an order pursuant to the provisions of paragraph 2

of Article 18 or who refuses, interferes with or avoids a disposition pursuant

to the provisions of said paragraph;

(vii) A person who violates the provisions of Article 28.

18

Article 41 Any person who falls under any one of the following items shall be

punished by a fine of no more than three hundred thousand yen:

(i) A person who refuses, interferes with or avoids an inspection or collection

pursuant to the provisions of paragraph 1 of Article 4, or who fails to answer

or answers fraudulently to a question pursuant to the provisions of said

paragraph;

(ii) A person who violates an order pursuant to the provisions of paragraph 2 of

Article 4;

(iii) A person who violates the provisions of paragraph 5 of Article 6;

(iv) A person who refuses, interferes with or avoids an inspection pursuant to

the provisions of paragraph 4 of Article 10;

(v) A person who violates an order pursuant to the provisions of Article 14 or

who refuses, interferes with or avoids a disposition pursuant to the

provisions of said Article.

(Provision of Penalty against Employer and Employee)

Article 42 In the event that a representative person of a juridical person or

agents, employees or other workers of a juridical person or an individual

commits acts of violation under the preceding three Articles in connection with

the business of such juridical person or individual, the punishment under the

respective Articles in question shall be imposed on not only the person who

commits such acts but also the juridical person or individual.

Supplementary Provisions [Extract]

(Date of Enforcement)

(1) This Act shall come into force as from the day of promulgation: provided, that

the provisions under Chapter II and paragraph 3 and 4 of the Supplementary

Provisions shall come into force as from the day on which sixty days have

elapsed from the day of promulgation.

(Repealed Acts)

(3) The following Acts shall be repealed: however, with regard to the application

of penal provisions to acts committed prior to the enforcement of this Act, the

provisions then in force shall remain applicable even after the enforcement of

this Act:

Act on Quarantine for Imported and Exported Plants (Act No. 86 of 1948);

Act on Disinfestations and Prevention of Pest (Act No. 17 of 1896)

(Transitional Provisions)

(4) Inspections made or permission granted prior to the enforcement of this Act

19

on the basis of the provisions under the Act on Quarantine for Imported and

Exported Plants shall be deemed to have been made pursuant to the

corresponding provisions of this Act.

Supplementary Provisions [Act No. 243 of June 19, 1951] [Extract]

(Date of Enforcement)

(1) The date of enforcement of this Act shall be specified in a Cabinet Order:

provided, however, that such date shall be after the budget, in which the cost

for enforcement of this Act to be incurred by the national government is

allocated, is approved.

Supplementary Provisions [Act No. 26 of March 31, 1952] [Extract]

(1) This Act shall come into force as from April 1, 1952.

Supplementary Provisions [Act No. 39 of March 31, 1952] [Extract]

(1) This Act shall come into force as from April 1, 1952: however, the provisions

of paragraph 3 of the Supplementary Provisions shall come into force as from

the day of promulgation.

Supplementary Provisions [Act No. 140 of May 16, 1962] [Extract]

(1) This Act shall come into force as from October 1, 1962.

(2) The provisions revised by this Act shall apply to matters which have arisen

prior to the enforcement of this Act, except as otherwise provided for in these

Supplementary Provisions; provided, however, that those provisions shall not

obstruct an effect which has arisen pursuant to provisions prior to the revision

by this Act.

(3) With regard to lawsuits actually pending at the time of the enforcement of

this Act, the provisions then in force shall remain applicable, notwithstanding

the provisions revised by this Act to the effect that such lawsuits may not be

filed.

(4) With regard to jurisdiction over lawsuits actually pending at the time of the

enforcement of this Act, the provisions then in force shall remain applicable,

notwithstanding the provisions revised by this Act to the effect that such

jurisdiction shall be exclusive jurisdiction.

(5) With regard to the statute of limitations for filing a lawsuit concerning a

disposition or determination, for which the statute of limitations for filing a

lawsuit pursuant to provisions prior to the revision by this Act has actually

20

progressed at the time of the enforcement of this Act, the provisions then in

force shall remain applicable; provided, however, that this is limited to cases

where the statute of limitations for filing a lawsuit pursuant to provisions

revised by this Act is shorter than that pursuant to provisions prior to the

revision by this Act.

(6) The statute of limitations for filing a party suit concerning a disposition

imposed or a determination made prior to the enforcement of this Act, for

which the statute of limitations has come to be set due to the revision by this

Act, shall be counted from the date of enforcement of this Act.

(7) With regard to actions for rescission of a disposition or determination which

are actually pending at the time of the enforcement of this Act, the provisions

then in force shall remain applicable, notwithstanding the provisions revised

by this Act to the effect that one party to the legal relationship shall be the

defendant; provided, however, that the court may, upon the plaintiff's

application, permit to change the action into a party suit by its ruling.

(8) The provisions of the second sentence of Article 18 and paragraph 2 through

to paragraph 5 of Article 21 of the Administrative Case Litigation Act shall

apply mutatis mutandis to the cases referred to in the proviso of the preceding

paragraph.

Supplementary Provisions [Act No. 161 of September 15, 1962] [Extract]

(1) This Act shall come into force as from October 1, 1962.

(2) The provisions revised by this Act shall also apply to dispositions by an

administrative agency prior to the enforcement of this Act, inactions by an

administrative agency pertaining to an application filed prior to the

enforcement of this Act or other matters that have arisen prior to the

enforcement of this Act, except as otherwise provided for in these

Supplementary Provisions; provided, however, that those provisions shall not

obstruct an effect which has arisen pursuant to provisions prior to the revision

by this Act.

(3) With regard to petitions, applications for examination, objections or other

appeals (hereinafter referred to as "Petitions, etc.") filed prior to the

enforcement of this Act, the provisions then in force shall remain applicable

even after the enforcement of this Act. The same shall apply to Petitions, etc.

filed in the case of dissatisfaction with determinations, rulings or other

dispositions on Petitions, etc., which have been made prior to the enforcement

of this Act (hereinafter referred to as "Determinations, etc."), or a judgment,

etc., made after the enforcement of this Act in regard to Petitions, etc., filed

prior to the enforcement of this Act.

(4) The Petitions, etc., specified in the preceding paragraph, pertaining to a

21

disposition on which an appeal may be filed pursuant to the Administrative

Appeal Act after the enforcement of this Act, shall be deemed to be appeals

pursuant to the Administrative Appeal Act in regard to the application of laws

other than the said Act.

(5) No appeal pursuant to the Administrative Appeal Act may be entered against

Determinations, etc., on applications for examination, oppositions or other

appeals filed after the enforcement of this Act pursuant to the provision of

paragraph 3.

(6) With regard to dispositions imposed by an administrative agency prior to the

enforcement of this Act, on which Petitions, etc., may be filed pursuant to

provisions prior to the revision by this Act and for which the statute of

limitations has not been set, the statute of limitations for filing an appeal

pursuant to the Administrative Appeal Act shall be counted from the date of

enforcement of this Act.

(8) With regard to the application of penal provisions to acts committed prior to

the enforcement of this Act, the provisions then in force shall remain

applicable.

(9) In addition to what is provided for in the preceding eight paragraphs,

transitional measures necessary for the enforcement of this Act shall be

specified by Cabinet Order.

(10) Where this Act and the Act on the Arrangement, etc., of Relevant Acts with

the Enforcement of the Administrative Case Litigation Act (Act No. 140 of

1962) contain provisions revising one and the same act, the said Act shall first

be revised by this Act and then be revised by the Act on the Arrangement, etc.,

of Relevant Acts with the Enforcement of the Administrative Case Litigation

Act.

Supplementary Provisions [Act No. 130 of December 31, 1971] [Extract]

(Date of Enforcement)

(1) This Act shall come into force as from the date of effect of the Agreement

between Japan and the United States of America Concerning the Ryukyu

Islands and the Daito Islands; however, the provisions of Article 10, Article 11

and Article 19 shall come into force as from the date specified by a Cabinet

Order within a period not exceeding one year from said day, the provisions of

Article 62 and the following paragraph shall come into force as from the day of

promulgation of this Act, and the provision of Article 66 shall come into force

as from October 1, 1972.

Supplementary Provisions [Act No. 65 of June 11, 1976]

22

This Act shall come into force as from the day of promulgation.

Supplementary Provisions [Act No. 87 of July 5, 1978] [Extract]

(Date of Enforcement)

Article 1 This Act shall come into force as from the day of promulgation.

Supplementary Provisions [Act No. 37 of May 18, 1985] [Extract]

(Date of Enforcement, etc.)

(1) This Act shall come into force as from the day of promulgation.

Supplementary Provisions [Act No. 90 of July 12, 1985] [Extract]

(Date of Enforcement)

Article 1 This Act shall come into force as from the day of promulgation.

Supplementary Provisions [Act No. 67 of June 12, 1996]

(Date of Enforcement)

Article 1 This Act shall come into force as from the date specified by a Cabinet

Order within a period not exceeding one year from the day of promulgation;

however, the provisions of the following Article shall come into force as f rom

the day of promulgation.

(Preparatory Procedure for Enforcement)

Article 2 A public hearing pursuant to the provision of paragraph 2 of Article 5 -2

(including cases in which said provision is applied mutatis mutandis in

paragraph 6 of Article 6) of the Plant Protection Act after the revision

(hereinafter referred to as the "New Act") may be held to specify the Ordinance

of the Ministry under paragraph 1 of Article 5-2, the main clause of paragraph

1 or paragraph 2 of Article 6 of the New Act even prior to the date of

enforcement of this Act (hereinafter referred to as the "Date of Enforcement").

(Transitional Measures)

Article 3 With regard to plants for which notification (including notice pursuant

to the provisions of paragraph 4 of said Article or notification pursuant to the

provisions of paragraph 6 of said Article: hereinafter referred to as

"Notification, etc.") pursuant to the provisions of paragraph 1 of Article 8 of the

Plant Protection Act prior to revision (hereinafter referred to as the "Old Act")

is given prior to the Date of Enforcement, the provisions of paragraph 2 of

23

Article 6 of the New Law shall not apply.

Article 4 In the event that an inspection pursuant to the provisions of paragraph

1, 5 or 6 of Article 8 of the Old Act was not implemented in respect of plants or

Prohibited Imports and containers or packages for which Notification, etc., was

given prior to the Date of Enforcement, such Notification, etc. shall be deemed

as notification pursuant to the provisions of paragraph 1 of Article 8 of the

New Act, notice pursuant to the provisions of paragraph 4 of said Article or

notification pursuant to the provisions of paragraph 6 of said Article.

Article 5 With regard to an inspection that was implemented pursuant to the

provisions of paragraph 1, 3, 5 or 6 of Article 8 of the Old Act prior to the Date

of Enforcement for which an order, disposition or certification has not been

given pursuant to the provisions of Article 9 of the Old Act prior to the Date of

Enforcement, the provisions of Article 9 of the New Act shall apply.

Article 6 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

Supplementary Provisions [Act No. 87 of July 16, 1999] [Extract]

(Date of Enforcement)

Article 1 This Act shall come into force as from April 1, 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) 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 paragraph 1 of Article 250-9

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 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,

paragraph 4 and paragraph 5 of Article 60, Article 73, Article 77, paragraph

4 through to paragraph 6 of Article 157, Article 160, Article 163, Article 164

and Article 202 of the Supplementary Provisions: The date of promulgation

24

(Transitional Measures as a Result of Partial Revision of the Plant Protection

Act)

Article 84 (1) An order for cooperation which was given pursuant to the

provisions of paragraph 1 of Article 19 of the Plant Protection Act prior to

revision (hereinafter referred to in this Article as the "Old Plant Protection

Act") pursuant to the provisions of Article 254 prior to the date of enforcement

shall be deemed as an instruction given pursuant to the provision of paragraph

1 of Article 19 of the Plant Protection Act after revision (hereinafter referred to

in this Article as the "New Plant Protection Act") pursuant to the provisions of

Article 254.

(2) An approval which was given pursuant to the provisions of paragraph 4 of

Article 24 of the Old Plant Protection Act prior to the date of enforcement, or

an application for approval which is actually made at the time of enforcement

of this Act pursuant to the provisions of said paragraph, shall be deemed as a

consent or application for consultation respectively which are pursuant to the

provisions of paragraph 4 of Article 24 of the New Plant Protection Act.

(Office Work of the National Government, etc.)

Article 159 In addition to what is provided for in respective laws prior to the

revision by this Act, office work of the national government, other local

governments or other public bodies (which are referred to as the "Office Work

of the National Government, etc." in Article 161 of the Supplementary

Provisions) that were administrated or enforced by organs of local governments

prior to the enforcement of this Act pursuant to the provision of laws or a

Cabinet Order based on such laws shall be treated by the local government as

office work of such local government pursuant to laws or a Cabinet Order based

on such laws after the enforcement of this Act.

(Transitional Measures for Disposition or Application, etc.)

Article 160 (1) Dispositions such as permission and other acts rendered prior to

the enforcement of this Act (with regard to provisions listed in each item of

Article 1 of the Supplementary Provisions: each relevant provision; the same

shall apply in this Article and Article 163 of the Supplementary Provisions)

pursuant to the provisions of respective laws prior to the revision (hereinafter

referred to in this Article as the "Acts of Disposition, etc."), or applications for

permission or other acts that are actually made at the time of enforcement of

this Act pursuant to the provision of respective laws prior to the revision

(hereinafter referred to in this Article as the "Acts of Application, etc.") for

which different persons will undertake the administrative affairs pertaining to

such acts on the date of enforcement of this Act, shall be deemed as the Acts of

25

Disposition, etc. or the Acts of Application, etc. that are made pursuant to the

corresponding provisions of respective laws after the revision in respect of the

application of respective laws after the revision on and after the date of

enforcement of this Act, except for those provided for in the provisions of

Article 2 through to the preceding Article of the Supplementary Provisions or

in the provision for transitional measures of respective laws (including orders

based on these laws) after the revision.

(2) Matters for which procedures such as reports, notification, submissions and

others have to be made to the organs of national government or local

government prior to the enforcement of this Act pursuant to the provisions of

respective laws prior to the revision, but for which such procedures have not

been made prior to the enforcement of this Act shall be deemed, in addition to

those for which separate provisions are provided in this Act and Cabinet

Orders based on it, as the matters for which reports, notification, submissions

and others shall be made to the relevant organs of national government or local

government pursuant to the corresponding provisions of respective laws after

the revision, but for which such procedures have not been made, and the

provisions of respective laws revised by this Act shall apply to them.

(Transitional Measures for Appeal)

Article 161 (1) With regard to appeals, in accordance with the Administrative

Appeal Act, against dispositions pertaining to the Office Work of the National

Government, etc. that were rendered prior to the date of enforcement and for

which a higher administrative agency set forth in said Act (hereinafter referred

to in this Article as the "Higher Administrative Agency") existed above the

administrative agency that rendered such disposition (hereinafter referred to

in this Article as the "Disposing Agency") prior to the date of enforcement, the

Higher Administrative Agency shall be deemed to exist above such Disposing

Agency continuously on and after the date of enforcement, and the provisions

of the Administrative Appeal Act shall apply. In this case, the administrative

agency that is deemed as the Higher Administrative Agency above such

Disposing Agency shall be the administrative agency that was the Higher

Administrative Agency above such Disposing Agency prior to the date of

enforcement.

(2) In the case of the preceding paragraph, if the administrative agency that is

deemed as the Higher Administrative Agency is an organ of the local

government, office work to be treated by such organ pursuant to the provision

of the Administrative Appeal Act shall be No. 1 statutory entrusted office work

set forth in item (i) of paragraph 9 of Article 2 of the New Local Autonomy Act.

(Transitional Measures for Fees)

26

Article 162 With regard to fees to be paid prior to the date of enforcement

pursuant to the provision of respective laws prior to the revision by this Act

(including orders based on them), the provisions then in force shall remain

applicable, in addition to those for which separate provisions exist in this Act

and Cabinet Orders based on it.

(Transitional Measures for Penal Provisions)

Article 163 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Delegation to Cabinet Order for Other Transitional Measures)

Article 164 In addition to what is provided for in these Supplementary

Provisions, transitional measures (including transitional measures for penal

provisions) that become necessary as a result of the enforcement of this Act

shall be prescribed by a Cabinet Order.

(Review)

Article 250 As well as striving to ensure that, as far as possible, the No. 1

statutory entrusted office work set forth in item (i) of paragraph 9 of Article 2

of the New Local Autonomy Act has not been 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 office work and projects

autonomously and independently, the national 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.

Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]

(Date of Enforcement)

Article 1 This Act (excluding Articles 2 and 3) shall come into force as from

January 6, 2001.

Supplementary Provisions [Act No. 184 of December 22, 1999] [Extract]

27

(Date of Enforcement)

Article 1 This Act shall come into force as from January 6, 2001; however, the

provisions of paragraph 2 of Article 10 and Articles 7 through to Articles 9 of

the Supplementary Provisions shall come into force as from the date specified

by a Cabinet Order within a period not exceeding six months from said date.

Supplementary Provisions [Act No. 100 of July 31, 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 for Penal Provisions)

Article 2 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Delegation to Cabinet Order for Other Transitional Measures)

Article 3 In addition to what is provided for in the preceding Article, necessary

transitional measures concerning the enforcement of this Act shall be

prescribed by a Cabinet Order.

Supplementary Provisions [Act No. 152 of December 13, 2002] [Extract]

(Date of Enforcement)

Article 1 This Act shall come into force as from the date of enforcement of the

Act Concerning Use of Technology for Information and Communication in

Administrative Procedures, etc. (Act No. 151 of 2002).

(Transitional Measures for Penal Provisions)

Article 4 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Delegation to Cabinet Order for Other Transitional Measures)

Article 5 In addition to what is provided for in the preceding three Articles,

transitional measures necessary for the enforcement of this Act shall be

prescribed by a Cabinet Order.

Supplementary Provisions [Act No. 19 of March 31, 2004]

28

This Act shall come into force as from April 1, 2004.

Supplementary Provisions [Act No. 84 of June 9, 2004] [Extract]

(Date of Enforcement)

Article 1 This Act shall come into force as from the date specified by a Cabinet

Order within a period not exceeding one year from the day of promulgation.

(Review)

Article 50 The national government shall review the situation of the

enforcement of the New Act in the event that five years have elapsed after the

enforcement of this Act, and if it deems necessary, it shall take necessary

measures based on the result of such review.

Supplementary Provisions [Act No. 102 of October 21, 2005] [Extract]

(Date of Enforcement)

Article 1 This Act shall come into force as from the date of enforcement of the

Postal Service Privatization Act.

(Transitional Measures for Penal Provisions)

Article 117 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, acts committed after the enforcement of

this Act in cases where the provisions then in force shall remain applicable

pursuant to the provision of these Supplementary Provisions, acts committed

prior to the lapse of the provision of Article 38-8 of the Old Postal Money Order

Act (limited to the part pertaining to items (ii) and (iii)) which shall remain in

force pursuant to the provision of paragraph 1 of Article 9 of the

Supplementary Provisions even after the enforcement of this Act, acts

committed prior to the lapse of the provision of Article 70 of the Old Postal

Transfer Act (limited to the part pertaining to items (ii) and (iii))which shall

remain in force pursuant to the provision of paragraph 1 of Article 13 of the

Supplementary Provisions even after the enforcement of this Act, acts

committed prior to the lapse of the provision of Article 8 of the Old Act on the

Entrustment of Postal Transfer Deposit and Contribution (limited to the part

pertaining to item (ii)) which shall remain in force pursuant to the provision of

paragraph 1 of Article 27 of the Supplementary Provisions even after the

enforcement of this Act, acts committed prior to the lapse of the provision of

Article 70 of the Old Public Companies Act (limited to the part pertaining to

item (ii))which shall remain in force pursuant to the provision of paragraph 2

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of Article 39 of the Supplementary Provisions even after the enforcement of

this Act, acts committed prior to the lapse of the provisions of Articles 71 and

72 of the Old Public Companies Act (limited to the part pertaining to item (xv))

which shall remain in force pursuant to the provision of paragraph 1 of Article

42 of the Supplementary Provisions even after the enforcement of this Act, and

acts committed prior to the specified date pertaining to the postal savings bank

prescribed in Article 104 of the Postal Service Privatization Act in the cases

where the provisions of paragraph 2 of Article 2 of the Supplementary

Provisions are applicable, the provisions then in force shall remain applicable.

30