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Act on Confirmation, etc. of Release Amounts of Specific Chemical Substances in the Environment and Promotion of Improvements to the Management Thereof


Published: 2002

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The Act on Confirmation, etc. of Release Amounts of Specific Chemical

Substances in the Environment and Promotion of Improvements to the

Management Thereof is promulgated as set forth below.

Act on Confirmation, etc. of Release Amounts of

Specific Chemical Substances in the Environment

and Promotion of Improvements to the Management

Thereof

(Act No. 86 of July 13, 1999)

Table of Contents

Chapter I General Provisions (Article 1-Article 4)

Chapter II Confirmation, etc. of Release Amounts, etc. of Class I Designated

Chemical Substances (Article 5-Article 13)

Chapter III Provision of Information, etc. by Business Operators Handling

Designated Chemical Substances, etc. (Article 14-Article 16)

Chapter IV Miscellaneous Provisions (Article 17-Article 23)

Chapter V Penal Provisions (Article 24)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to promote voluntary improvement of the

management of chemical substances by business operators and to prevent any

impediments to the preservation of the environment by taking measures for

the confirmation of release amounts, etc. of specific chemical substances in the

environment, measures for the provision of information concerning the

properties and handling of specific chemical substances by business operators,

and other relevant measures, while giving consideration to the trend for

international cooperation on the management of chemical substances

pertaining to the preservation of the environment, taking into account

scientific knowledge on chemical substances and the condition of the

manufacture, use, and other handling of chemical substances, and gaining the

understanding of business operators and citizens.

(Definitions, etc.)

Article 2 (1) The term "Chemical Substance" as used in this Act shall mean

either an element or a compound (excluding a radioactive substance in either

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case).

(2) The term "Class I Designated Chemical Substance" as used in this Act shall

mean a chemical substance that falls under any of the following items and in

view of its physical and chemical properties, the condition of its manufacture,

import, use, or generation or other factors, is specified by a Cabinet Order as

constituting a Chemical Substance continuously existing in the environment of

a considerably wide area:

(i) Said Chemical Substance poses a risk of being injurious to human health or

a risk of impeding the inhabitation or growth of animals and plants.

(ii) In the case where said Chemical Substance does not fall under the

preceding item, a Chemical Substance easily formed by naturally occurring

chemical transformation of said Chemical Substance falls under the same

item.

(iii) Said Chemical Substance is likely to injure human health by depleting the

ozone layer and increasing the amount of solar ultraviolet radiation reaching

the surface of the earth.

(3) The term "Class II Designated Chemical Substance" as used in this Act shall

mean a Chemical Substance that falls under any of the items of the preceding

paragraph and is expected to continuously exist in the environment of a

considerably wide area in view of its physical and chemical properties, the

status of its manufacture, import, use, or generation or other factors (excluding

a Class I Designated Chemical Substance) and that is specified by a Cabinet

Order.

(4) The Cabinet Order referred to in the preceding two paragraphs shall be

established by taking into account the international trend on management of

chemical substances pertaining to the preservation of the environment,

scientific knowledge on chemical substances, the status of manufacture, use,

and other handling of chemical substances and other factors, and giving

sufficient consideration so as to prevent any injury to human health and

impediments to the inhabitation or growth of animals and plants caused by

environmental pollution by chemical substances.

(5) The term "Business Operator Handling a Class I Designated Chemical

Substance, etc." as used in this Act shall mean a business operator who falls

under any of the following items, engages in a type of business specified by a

Cabinet Order, and satisfies the requirements specified by a Cabinet Order

when taking into consideration the handling amount, etc. of a Class I

Designated Chemical Substance by said business operator:

(i) A natural or juridical person engaged in the business of manufacturing a

Class I Designated Chemical Substance, a natural or juridical person who

uses in the course of trade a Class I Designated Chemical Substance or a

product containing a Class I Designated Chemical Substance that satisfies

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the requirements specified by a Cabinet Order (hereinafter referred to as a

"Class I Designated Chemical Substance, etc."), and any other natural or

juridical person who handles a Class I Designated Chemical Substance, etc.

in the course of trade

(ii) A natural or juridical person other than those who are set forth in the

preceding item who is expected to incidentally generate or release a Class I

Designated Chemical Substance in the course of business activities

(6) The term "Business Operator Handling a Designated Chemical Substance,

etc." as used in this Act shall mean a business operator who falls under any of

the items of the preceding paragraph, engages in the manufacture of a Class II

Designated Chemical Substance, uses in the course of trade a Class II

Designated Chemical Substance or a product containing a Class II Designated

Chemical Substance that satisfies the requirements specified by a Cabinet

Order (hereinafter referred to as a "Class II Designated Chemical Substance,

etc."), or otherwise handles a Class II Designated Chemical Substance, etc. in

the course of trade.

(Chemical Substance Management Guidelines)

Article 3 (1) In order to promote the voluntary improvement of the management

of chemical substances by business operators and to prevent any impediments

to the preservation of the environment, the competent minister, by taking into

consideration scientific knowledge of the physical and chemical properties of

the Chemical Substances and the trends of technology concerning the

manufacture, use, and other handling of Chemical Substances, shall establish

guidelines (hereinafter referred to as the "Chemical Substance Management

Guidelines") on measures to be taken by Business Operators Handling

Designated Chemical Substances, etc. with respect to the management of Class

I Designated Chemical Substances, etc. and Class II Designated Chemical

Substances, etc. (hereinafter referred to as "Designated Chemical Substances,

etc.").

(2) The Chemical Substance Management Guidelines shall provide for the

following matters:

(i) Matters concerning methods of management of Designated Chemical

Substances, etc. including improvement of facilities pertaining to

manufacture, use or other handling of Designated Chemical Substances, etc.

(ii) Matters concerning the rational use of Designated Chemical Substances,

etc. including the recovery and reutilization of Designated Chemical

Substances, etc. in their manufacturing process

(iii) Matters concerning promotion of the understanding of citizens about the

methods of management of and the rational use of Designated Chemical

Substances, etc. and the status of release of Class I Designated Chemical

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Substance

(iv) Matters concerning utilization of information on the properties and

handling of Designated Chemical Substances, etc.

(3) When the competent minister intends to establish or change the Chemical

Substance Management Guidelines, he/she shall confer with the heads of the

relevant administrative organs.

(4) When the competent minister has established or changed the Chemical

Substance Management Guidelines, he/she shall make them public without

delay.

(Responsibilities of Business Operators)

Article 4 A Business Operator Handling a Designated Chemical Substance, etc.,

recognizing that a Class I Designated Chemical Substance or a Class II

Designated Chemical Substance falls under one of the items of Article 2,

paragraph 2 as being something that poses a risk of being injurious to human

health and paying attention to the Chemical Substance Management

Guidelines, shall manage the manufacture, use, or other handling of the

Designated Chemical Substance, etc. and endeavor to promote the

understanding of citizens about the circumstances surrounding such

management.

Chapter II Confirmation, etc. of Release Amounts, etc. of Class I

Designated Chemical Substances

(Confirmation and Notification of Release Amounts, etc.)

Article 5 (1) Pursuant to the provisions of an ordinance of the competent

ministry, a Business Operator Handling a Class I Designated Chemical

Substance, etc. shall confirm the release amount (meaning the amount

calculated as the amount of Class I Designated Chemical Substance released

into the environment at the relevant place of business by a calculation method

based on the amount of change in the relevant Class I Designated Chemical

Substance in the manufacture, use, or other handling of the Class I Designated

Chemical Substance, etc. or by other method specified by an ordinance of the

competent ministry; the same shall apply in the following paragraph and

Article 9, paragraph 1) and the transfer amount (meaning the amount

calculated by a method specified by an ordinance of the competent ministry as

the amount of Class I Designated Chemical Substance transferred outside of

the relevant place of business in conjunction with the disposal of waste in

connection with the Business Operator Handling a Class I Designated

Chemical Substance, etc.'s business activities outside of said place of business;

the same shall apply in the following paragraph) of the Class I Designated

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Chemical Substance in conjunction with its business activities.

(2) Pursuant to the provisions of an ordinance of the competent ministry, a

Business Operator Handling a Class I Designated Chemical Substance, etc.

shall notify the competent minister of matters specified by an ordinance of the

competent ministry concerning the release amount and the transferred amount

of the Class I Designated Chemical Substance in the previous fiscal year, as

confirmed pursuant to the provisions of the preceding paragraph every fiscal

year for each Class I Designated Chemical Substance and each place of

business.

(3) The notification under the preceding paragraph (excluding the one concerning

the Class I Designated Chemical Substance specified in the request under

paragraph 1 of the following Article) shall be given via the prefectural governor

having jurisdiction over the location of the place of business pertaining to said

notification. In this case, said prefectural governor may append an opinion

concerning the matters reported in said notification.

(Use of Name of Category Corresponding to Chemical Substance)

Article 6 (1) In the event that information relating to the use or other handling

of a Class I Designated Chemical Substance set forth in a notification under

paragraph 2 of the preceding paragraph involves a production method or other

technical information useful for business activities that is maintained as a

secret and not known to the public, a Business Operator Handling a Class I

Designated Chemical Substance, etc. may request that the competent minister

give the notice under paragraph 1 of the following Article by using the name of

the category to which said Class I Designated Chemical Substance belongs and

which is specified by an ordinance of the competent ministry (hereinafter

referred to as the "Name of Category Corresponding to Chemical Substance")

instead of the name of said Class I Designated Chemical Substance.

(2) When a Business Operator Handling a Class I Designated Chemical

Substance, etc. makes a request set forth in the preceding paragraph, said

business operator shall make the request by appending the reason thereof

pursuant to the provisions of an ordinance of the competent ministry together

with a notification under paragraph 2 of the preceding Article.

(3) When a request set forth in paragraph 1 has been made, the competent

minister shall, without delay, notify the prefectural governor having

jurisdiction over the location of the place of business relevant to the Class I

Designated Chemical Substance specified in said request of the matters

reported in a notification under paragraph 2 of the preceding Article that

pertain to said Class I Designated Chemical Substance (hereinafter referred to

as a "Relevant Prefectural Governor"), by using the Name of the Corresponding

Chemical Substance Category instead of the name of said Class I Designated

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Chemical Substance.

(4) When the competent minister approves a request set forth in paragraph 1,

he/she shall decide to that effect and give a notice to that effect to the Business

Operator Handling a Class I Designated Chemical Substance, etc. who has

made said request.

(5) When the competent minister does not approve a request set forth in

paragraph 1, he/she shall decide to that effect and give a notice to that effect

and the reasons thereof to the Business Operator Handling a Class I

Designated Chemical Substance, etc. who has made said request.

(6) A decision set forth in the preceding two paragraphs shall be made within 30

days from the day on which a request set forth in paragraph 1 was made.

(7) Notwithstanding the provisions of the preceding paragraph, the competent

minister may extend the period set forth in the same paragraph by only up to

30 days, when there is a difficulty in administrative processing or any other

justifiable reason.

(8) When a Business Operator Handling a Class I Designated Chemical

Substance, etc. needs to maintain the Name of the Corresponding Chemical

Substance Category that was recorded in a file pursuant to the provisions of

Article 8, paragraph 1 in any fiscal year preceding the current fiscal year, said

business operator shall make a request to the competent minister to that effect

pursuant to the provisions of a Cabinet Order every fiscal year.

(9) The provisions from paragraphs 4 to 7 inclusive shall apply mutatis mutandis

to a request set forth in the preceding paragraph. In this case, the term

"paragraph 1" in the provisions from paragraphs 4 to 6 inclusive shall be

deemed to be replaced with "paragraph 8."

(Notice, etc. of the Notified Matters)

Article 7 (1) When a notification under Article 5, paragraph 2 has been given,

the competent minister shall notify the Minister of Economy, Trade and

Industry and the Minister of the Environment of the matters reported in said

notification without delay; provided, however, that when a request set forth in

paragraph 1 of the preceding Article has been made with regard to the name of

a Class I Designated Chemical Substance, the name of said Class I Designated

Chemical Substance in the matters reported in said notification shall be

notified by using the Name of the Corresponding Chemical Substance Category.

(2) When the competent minister has made a decision set forth in paragraph 5 of

the preceding Article (including cases where it is applied mutatis mutandis

pursuant to paragraph 9 of the same Article; the same shall apply hereinafter)

he/she shall give notification of the name of the Class I Designated Chemical

Substance pertaining to said decision to the Minister of Economy, Trade and

Industry, the Minister of the Environment, and the Relevant Prefectural

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Governors pertaining to said decision. In this case, said notice shall be given

promptly after the day on which two weeks have elapsed from the day a notice

was given to a Business Operator Handling a Class I Designated Chemical

Substance, etc. under paragraph 5 of the same Article.

(3) When the competent minister has made a decision set forth in paragraph 4 of

the preceding Article (including cases where it is applied mutatis mutandis

pursuant to paragraph 9 of the same Article) in any fiscal year preceding the

current fiscal year and when a request set forth in paragraph 8 of the same

Article has not been made in the current fiscal year, he/she shall give

notification of the name of the Class I Designated Chemical Substance

pertaining to said decision to the Minister of Economy, Trade and Industry, the

Minister of the Environment, and the Relevant Prefectural Governors

pertaining to said decision.

(4) The Minister of the Environment may, where he/she finds it necessary,

request the competent minister to provide an explanation on the matters that

have been notified pursuant to the provisions of Article 5, paragraph 2 with

regard to the Class I Designated Chemical Substance pertaining to a notice

under the proviso to paragraph 1.

(5) When a Relevant Prefectural Governor finds it necessary, he/she may request,

pursuant to the provisions of an ordinance of the competent ministry, that the

competent minister provide an explanation on the matters that have been

notified pursuant to the provisions of Article 5, paragraph 2 regarding the

Class I Designated Chemical Substance specified in a notice under paragraph 3

of the preceding Article, which has been given in connection with the

jurisdictional district of said prefectural governor.

(Aggregation, etc. of Notified Matters)

Article 8 (1) Pursuant to the provisions of an Ordinance of the Ministry of

Economy, Trade and Industry and an Ordinance of the Ministry of the

Environment, the Minister of Economy, Trade and Industry and the Minister of

the Environment shall record the matters that were notified, pursuant to the

provisions of paragraphs 1 to 3 inclusive of the preceding Article, in a file in a

computer.

(2) Pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade

and Industry and an Ordinance of the Ministry of the Environment, when the

Minister of Economy, Trade and Industry and the Minister of the Environment

have carried out the recording under the preceding paragraph, they shall,

without delay, notify the competent minister of the matters recorded in the file

set forth in the same paragraph (hereinafter referred to as "Matters Recorded

in the File") that pertain to places of business engaged in the business under

the jurisdiction of said competent minister and notify prefectural governors of

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the Matters Recorded in the File that pertain to places of business located in

the prefectural districts under the jurisdiction of said prefectural governors.

(3) The Minister of Economy, Trade and Industry and the Minister of the

Environment shall aggregate the Matters Recorded in the File without delay

pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade

and Industry and an Ordinance of the Ministry of the Environment.

(4) The Minister of Economy, Trade and Industry and the Minister of the

Environment shall, without delay, notify the competent minister and

prefectural governors of the results aggregated pursuant to the provisions of

the preceding paragraph and make them public.

(5) When a notice under paragraph 2 has been given, the competent minister and

prefectural governors may aggregate the matters pertaining to said notice and

make the results public.

(Calculation, etc. of Release Amounts Other than Those Notified)

Article 9 (1) By gaining the cooperation of the relevant administrative organs,

the Minister of Economy, Trade and Industry and the Minister of the

Environment shall calculate the release amounts of Class I Designated

Chemical Substances associated with the business activities of business

operators other than Business Operators Handling Class I Designated

Chemical Substances, etc. and the amounts of Class I Designated Chemical

Substances that are assumed to be released in the environment apart from the

release amounts of Class I Designated Chemical Substances that have been

notified pursuant to the provisions of Article 5, paragraph 2 for each of the

matters specified by an Ordinance of the Ministry of Economy, Trade and

Industry and an Ordinance of the Ministry of the Environment.

(2) The Minister of Economy, Trade and Industry and the Minister of the

Environment shall aggregate pursuant to the provisions of an Ordinance of the

Ministry of Economy, Trade and Industry and an Ordinance of the Ministry of

the Environment the results calculated under the preceding paragraph and

make such results public together with the results aggregated under paragraph

4 of the preceding Article.

(Right to Request for Disclosure)

Article 10 (1) When publication under Article 8, paragraph 4 has been given, any

person may request the competent minister to disclose Matters Recorded in the

File that are included in the aggregation results pertaining to said publication

and that are possessed by said competent minister, after the day of said

publication.

(2) A request set forth in the preceding paragraph (hereinafter referred to as a

"Disclosure Request") shall be made by clarifying the following matters:

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(i) The name and domicile or residence of the person making the Disclosure

Request and, in the case of a juridical person or any other organization, the

name of the representative

(ii) The name and location of the place of business and other matters sufficient

for identifying the place of business pertaining to the Disclosure Request

(Duty of Disclosure of Release Amounts, etc.)

Article 11 When a Disclosure Request has been made, the competent minister

shall promptly disclose the portion of the Matters Recorded in the File that

pertains to said Disclosure Request to the person who made said Disclosure

Request.

(Implementation of Research, etc.)

Article 12 The State shall comprehensively and effectively carry out research to

gain understanding of the status of the environment as it pertains to Class I

Designated Chemical Substance, and research to gain scientific knowledge

about the influences of Class I Designated Chemical Substances on human

health and inhabitation of animals and plants, by taking into consideration the

results prescribed in Article 8, paragraph 4 and Article 9, paragraph 2 as well

as the domestic and overseas trends of safety assessment of Class I Designated

Chemical Substances, and shall make the results public.

(Request for Provision of Materials, etc.)

Article 13 With regard to research prescribed in the preceding Article that is

carried out by the State in the district of the relevant prefecture, a prefectural

governor may request necessary materials from or state opinions to the head of

the administrative organ that carried out said research.

Chapter III Provision of Information, etc. by Business Operators Handling

Designated Chemical Substances, etc.

(Provision of Information on the Properties and Handling of Designated

Chemical Substances, etc.)

Article 14 (1) When a Business Operator Handling a Designated Chemical

Substance, etc. transfers or provides a Designated Chemical Substance, etc. to

another business operator, said business operator shall provide information on

the properties and handling of said Designated Chemical Substance, etc. to the

party to which the transfer or provision is to be made by delivering a document

or a magnetic disk or any other method specified by an Ordinance of the

Ministry of Economy, Trade and Industry by the time of the transfer or

provision.

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(2) When there is a need to change the contents of information on the properties

or handling of a Designated Chemical Substance, etc. provided pursuant to the

provisions of the preceding paragraph, a Business Operator Handling a

Designated Chemical Substance, etc. shall endeavor to promptly provide the

changed information on the properties and handling of said Designated

Chemical Substance, etc. to the party to which the transfer or provision was

made by delivering a document or a magnetic disk or any other method

specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(3) In addition to what is provided for in the preceding two paragraphs,

necessary matters concerning provision of information prescribed in the

preceding two paragraphs shall be specified by an Ordinance of the Ministry of

Economy, Trade and Industry.

(Recommendations and Publication)

Article 15 (1) When any Business Operator Handling a Designated Chemical

Substance, etc. is in violation of the provisions of paragraph 1 of the preceding

Article, the Minster of Economy, Trade and Industry may recommend said

Business Operator Handling a Designated Chemical Substance, etc. to provide

necessary information in accordance with the provisions of the same paragraph.

(2) If a Business Operator Handling a Designated Chemical Substance, etc. that

has received a recommendation under the preceding paragraph fails to follow

the recommendation, the Minister of Economy, Trade and Industry may

publicize to that effect.

(Collection of Report)

Article 16 The Minister of Economy, Trade and Industry may, as far as it is

necessary for the enforcement of the provisions of this Chapter, have a

Business Operator Handling a Designated Chemical Substance, etc. make a

report on the provision of information on the properties and handling of the

Designated Chemical Substance, etc. of said business operator.

Chapter IV Miscellaneous Provisions

(Measures by the State and Local Public Entities)

Article 17 (1) The State shall endeavor to increase the scientific knowledge on

the properties of chemical substances and develop testing methods and other

technical methods concerning safety assessment of chemical substances, while

giving sufficient consideration to international trends of safety assessment of

chemical substances.

(2) The State shall endeavor to prepare and promote use of a database (a

collection of theses, numerical values, figures, and other information that are

10

systematically composed so as to enable computer searches of such

information) pertaining to information on the properties and handling of

chemical substances.

(3) The State and local public entities shall endeavor to provide technical advice

and take other measures to promote voluntary improvement of the

management of Designated Chemical Substances, etc. by Business Operators

Handling Designated Chemical Substances, etc.

(4) The State and local public entities shall endeavor to increase the

understanding of citizens about the properties and management of Designated

Chemical Substances, etc. and the status of release of Class I Designated

Chemical Substances through activities such as educational activities and

public relations activities.

(5) The State and local public entities shall endeavor to develop necessary human

resources for performing the responsibilities set forth in the preceding two

paragraphs.

(Hearing of Opinions at a Council, etc.)

Article 18 When the Minister of Health, Labour and Welfare, the Minister of

Economy, Trade and Industry and the Minister of the Environment intend to

plan the establishment or revision of a Cabinet Order set forth in Article 2,

paragraph 2 or paragraph 3, they shall hear in advance the opinions of the

council, etc. (which means organs prescribed in Article 8 of the National

Administrative Organization Act [Act No. 120 of 1948]) specified by a Cabinet

Order.

(Fees)

Article 19 A person who receives disclosure of Matters Recorded in the File shall

pay a fee pertaining to implementation of the disclosure of the amount

specified by a Cabinet Order within an amount not exceeding the actual cost,

pursuant to the provisions of a Cabinet Order.

(Notification by a Magnetic Disk, etc.)

Article 20 (1) The competent minister may accept a notification under Article 5,

paragraph 2 or a request under Article 6, paragraph 1 or paragraph 8 by a

magnetic disk (including an object that may securely record certain matters by

an equivalent method; the same shall apply hereinafter) pursuant to the

provisions of a Cabinet Order.

(2) The competent minister may give notice under Article 6, paragraph 4 or

paragraph 5 (including cases where these provisions are applied mutatis

mutandis pursuant to paragraph 9 of the same Article) by a magnetic disk

pursuant to the provisions of a Cabinet Order.

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(3) The competent minister may accept a request under Article 10, paragraph 1

or make a disclosure under Article 11 by a magnetic disk pursuant to the

provisions of a Cabinet Order.

(Transitional Measures)

Article 21 In the case of establishing, revising or abolishing an order based on

the provisions of this Act, required transitional measures (including

transitional measures concerning penal provisions) may be provided for in such

order as far as it is judged to be reasonably necessary in line with such

establishment, revision, or abolition.

(Competent Minister(s), etc.)

Article 22 (1) The competent minister(s) in this Act shall be as follows:

(i) With regard to matters concerning establishment of Chemical Substance

Management Guidelines under Article 3, paragraph 1, conference under

paragraph 3 of the same Article, and publication under paragraph 4 of the

same Article (excluding those pertaining to matters set forth in paragraph 2,

item 4 of the same Article), the Minister of Economy, Trade and Industry and

the Minister of the Environment

(ii) With regard to matters concerning establishment of Chemical Substance

Management Guidelines under Article 3, paragraph 1, conference under

paragraph 3 of the same Article, and publication under paragraph 4 of the

same Article (limited to those pertaining to matters set forth in paragraph 2,

item 4 of the same Article), the Minister of Economy, Trade and Industry

(iii) With regard to matters concerning notification under Article 5, paragraph

2, a request under Article 6, paragraph 1, a notice under paragraph 3 of the

same Article, a decision and a notice under paragraph 4 and paragraph 5 of

the same Article (including cases where they are applied mutatis mutandis

pursuant to paragraph 9 of the same Article), extension of a period under

paragraph 7 of the same Article (including cases where it is applied mutatis

mutandis pursuant to paragraph 9 of the same Article), a request under

paragraph 8 of the same Article, a notice under Article 7, paragraphs 1 to 3

inclusive, explanation under paragraph 4 and paragraph 5 of the same

Article, a notice under Article 8, paragraph 2 and paragraph 4 and

aggregation and publication under paragraph 5 of the same Article, and

matters specified in Article 20, paragraph 1 and paragraph 2, the minister

having jurisdiction over the business of the relevant Business Operator

Handling a Class I Designated Chemical Substance, etc.

(iv) With regard to matters concerning a request under Article 10, paragraph 1

and disclosure under Article 11, and matters specified in Article 20,

paragraph 3, the Minister of Economy, Trade and Industry, the Minister of

12

the Environment or the minister having jurisdiction over the business of the

relevant Business Operator Handling a Class I Designated Chemical

Substance, etc.

(2) An ordinance of the competent ministry in this Act shall be an order issued by

the Minister of Economy, Trade and Industry, the Minister of the Environment

and the minister having jurisdiction over the business of the relevant Business

Operator Handling a Class I Designated Chemical Substance, etc.

(Category of Affairs)

Article 23 The affairs to be processed by a prefecture pursuant to the provisions

of the first sentence of Article 5, paragraph 3 shall be item 1 legally delegated

affairs, as prescribed in Article 2, paragraph 9, item 1 of the Local Autonomy

Act (Act No. 67 of 1947).

Chapter V Penal Provisions

Article 24 A person who falls under any of the following items shall be punished

by a fine of not more than 200,000 yen:

(i) A person who has failed to give a notification under Article 5, paragraph 2

or who has given a false notification

(ii) A person who has failed to make a report under Article 16 or who has made

a false report

Supplementary Provisions [Extract]

(Effective Date)

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

Order within a period not exceeding nine months from the day of promulgation;

provided, however, that the provisions set forth in the following items shall

come into force as from the dates respectively prescribed in those items:

(i) Provisions of Article 18 The day of promulgation

(ii) Provisions of Chapter 3 and Article 24 (excluding item 1) The date specified

by a Cabinet Order within a period not exceeding one year and six months

from the day of promulgation

(iii) Provisions of Chapter 2, Article 19, Article 20, and Article 24 (limited to

item 1) and the following Article The date specified by a Cabinet Order

within a period not exceeding two years and six months from the day of

promulgation

(iv) Provisions of Article 23 of the Act and Article 4 of the Supplementary

Provisions April 1, 2000 or the date specified in the preceding item,

whichever comes later

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(Transitional Measure)

Article 2 When the day prescribed in Article 6, paragraph 6 is included in the

fiscal year following the fiscal year that contains the day of enforcement of

provisions prescribed in item 3 of the preceding Article, the phrase "up to 30

days" in the same paragraph shall be deemed to be replaced with "up to five

months."

(Review)

Article 3 The government shall review the status of enforcement of this Act

when seven years have elapsed from the enforcement of this Act, and take

necessary measures based on the results.

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