Ordinance for Enforcement of the Alcohol Business Act (Tentative translation)
The Order for Enforcement of the Alcohol Business Act shall be established as follows based on the provisions of the Alcohol Business Act (Act No. 36 of 2000) and in order to give it effect.
Table of Contents
Chapter I General Provisions (Article 1)
Chapter II Permission for Businesses, etc.
Section 1 Businesses Manufacturing Alcohol (Articles 2 to 16)
Section 2 Businesses Importing Alcohol (Articles 17 to 23)
Section 3 Businesses Selling Alcohol (Articles 24 to 30)
Section 4 Use of Alcohol (Articles 31 to 36)
Chapter III Transfer of Specified Alcohol (Articles 37 to 39)
Chapter IV Miscellaneous Provisions (Articles 40 to 46)
Supplementary Provisions
Chapter I General Provisions
(Terms)
Article 1
The terms used in this Order shall be the same as the terms used in the Alcohol Business Act (hereafter referred to as "the Act").
Chapter II Permission for Businesses, etc.
Section 1 Businesses Manufacturing Alcohol
(Apply for the Permission to Manufacture)
Article 2
(1)
Any person intending to apply for the permission set forth in Article 3, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article shall submit an application using Form No. 1, appending the following documents, to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(i)
The documents listed in the right-hand column of the attached table as they correspond to the equipment types listed in the left-hand column of that table.
(ii)
Drawings and arrangement plans for manufacturing equipment, warehouse equipment and any other equipment, for each manufacturing plant or warehouse.
(iii)
Documents showing the amount of required funds and the means of procurement.
(iv)
Resumes of the principal engineers.
(v)
A document pledging that the applicant (in cases where the applicant is a juridical person, this includes that juridical person and any officers conducting the business operations of that juridical person; and in cases where the applicant is a minor or adult ward, person under curatorship or person under assistance this includes his or her statutory agent) does not fall under any of the items of Article 5 of the Act.
(vi)
In cases where the applicant is a juridical person, the articles of incorporation or act of endowment and certificate of registered matters, and a recent inventory of assets, balance sheet and profit-and-loss statement for that juridical person.
(2)
The matters provided by Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 3, paragraph (2) item (viii) of the Act shall be any other types of business activities then being conducted.
(3)
In cases where a person intending to apply for the permission set forth in Article 3, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article is an individual, and where the Director of the Regional Bureau of Economy, Trade and Industry cannot access the information for identification confirmation prescribed by Article 30-5, paragraph (1) of the Residential Basic Book Act (Act No. 81 of 1967) for the person intending to apply, then pursuant to the provisions of Article 30-7, paragraph (3) of that Act, he/she may have the person intending to apply submit his or her residence certificate.
(Application for Approval for Examination, Research or Manufacture)
Article 3
Any person intending to seek approval pursuant to the provisions of Article 4, item (iii) of the Act shall submit an application on each occasion using Form No. 2 to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the place where alcohol is to be manufactured for the purposes of examining manufacturing methods or research.
(Standards on Quantity Management Measures)
Article 4
The standards set forth in Article 6, item (ii) of the Act shall be as follows.
(i)
Equipment for receipts and payments for the raw materials for alcohol and for alcohol itself shall have a flow meter or weighing instrument able to measure the quantity of the relevant raw materials for alcohol and alcohol itself.
(ii)
Storage tanks for alcohol shall have level gauges or other measurement equipment able to measure the quantity of alcohol contained in the tank.
(Notification of Succession)
Article 5
Any person intending to notify for the succession of the position of manufacturer set forth in Article 7, paragraph (2) of the Act shall submit an notification using Form No. 3, appending the following documents, to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(i)
In cases where a person is to succeed to the position of manufacturer on receiving the transfer of all of the business of a manufacturer pursuant to the provisions of Article 7, paragraph (1) of the Act, a certificate using Form No. 4.
(ii)
In cases where an heir is to succeed to the position of manufacturer pursuant to the provisions of Article 7, paragraph (1) of the Act, and where there are two or more heirs and that heir has been selected to succeed with the consent of all of those heirs, a certificate using Form No. 5, and his or her family register.
(iii)
In cases where an heir is to succeed to the position of manufacturer pursuant to the provisions of Article 7, paragraph (1) of the Act, and he/she is an heir other than in the situation set forth in the previous item, a certificate using Form No. 6, and his or her family register.
(iv)
In cases where a juridical person is to succeed to the position of manufacturer through a merger pursuant to the provisions of Article 7, paragraph (1) of the Act, the certificate of registered matters for that juridical person.
(v)
In cases where a juridical person is to succeed to the position of manufacturer through a split pursuant to the provisions of Article 7, paragraph (1) of the Act, a certificate using Form No. 6-2, and the certificate of registered matters for that juridical person.
(vi)
Documents pledging that the person succeeding to the position of manufacturer (in cases where the person succeeding is a juridical person, this includes that juridical person and any officers conducting the business operations of that juridical person; and in cases where the person succeeding is a minor or adult ward, person under curatorship or person under assistance this includes his or her statutory agent) does not fall under any of the items of Article 5 of the Act.
(Application for Permission to Change Manufacturing Equipment, etc.)
Article 6
Any person seeking permission to make changes pursuant to the provisions of Article 8, paragraph (1) of the Act shall submit an application using Form No. 7, appending documents containing the matters listed in Article 2, item (i) and item (ii) (referred to as documents after permitted changes), to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(Minor Changes)
Article 7
The minor changes provide by ordinance of the Ministry of Economy, Trade and Industry set forth in the proviso to Article 8, paragraph (1) shall be anything that is not associated with changes to alcohol manufacturing capacity or warehouse capacity.
(Notification of Changes to Permitted Matters)
Article 8
(1)
Any person intending to make a notification pursuant to the provisions of Article 8, paragraph (2) shall append the following documents to a notification using Form No. 8, and submit it to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(i)
Where the manufacturer is a juridical person, and changes have been made to the matters listed in Article 3, paragraph (2), item (i) or item (ii) of the Act:
the certificate of registered matters for that juridical person.
(ii)
Where minor changes provided by ordinance of the Ministry of Economy, Trade and Industry set forth in the proviso to Article 8, paragraph (1) have been made:
the documents listed in the right-hand column of the attached table as they correspond to the types of equipment listed in the left-hand column of that table (referred to as the documents after notified changes).
(2)
Where a person intending to make a notification pursuant to the provisions of Article 8, paragraph (2) of the Act is an individual, and where changes to the matters listed in Article 3, paragraph (2), item (i), item (iii) or item (iv) of the Act have been made, and the Director of the Regional Bureau of Economy, Trade and Industry cannot access the information for identification confirmation prescribed by Article 30-5, paragraph (1) of the Residential Basic Book Act for the person intending to make a notification, then pursuant to the provisions of Article 30-7, paragraph (3) of that Act, he/she may have the person intending to make a notification submit his or her residence certificate.
(Matters Recorded in Books, etc.)
Article 9
(1)
Matters to be recorded in books prescribed by Article 9, paragraph (1) of the Act shall be that which is listed below, for each manufacturing plant or warehouse.
(i)
The volume and date used for alcohol manufacture for each type of material (excluding alcohol itself; the same shall apply hereafter) used in the manufacture of alcohol.
(ii)
The volume, date of incoming transfer, and title or name and address of the transferor for each material transferred into the manufacturing plants of the manufacturer with the relevant permission (in cases where the material has been transferred from a manufacturing plant or warehouse of the manufacturer who has received permission, the name of the source of the incoming transfer shall be substituted for the title or name and address of the transferor).
(iii)
The volume, date of outgoing transfer, title or name and address of the receiver, and name of the destination of the outgoing transfer, for each material transferred out of the manufacturing plants of the manufacturer who has received permission (in cases where the material has been transferred to a manufacturing plant or warehouse of the manufacturer with the relevant permission, the name of the destination of the outgoing transfer shall be substituted for the title or name and address of the receiver and the name of the destination of the outgoing transfer).
(iv)
The volume, alcohol content and date of use in alcohol manufacture for alcohol used in alcohol manufacture, taking fermented alcohol (meaning any alcohol manufactured by distilling the liquid obtained from the alcohol fermentation of carbohydrates such as starch and sugar; the same shall apply hereafter) and synthetic alcohol (meaning any alcohol that is not fermented alcohol; the same shall apply hereafter) separately.
(v)
The volume, alcohol content, date of incoming transfer, and title or name and permission number of the transferor (in cases where alcohol is transferred-in from a manufacturing plant or warehouse of the manufacturer with the relevant permission, the name of that manufacturing plant or warehouse shall be substituted for the title or name and permission number of the transferor) for alcohol transferred-in for used in alcohol manufacture (hereafter referred to as "raw material alcohol"), taking fermented alcohol and synthetic alcohol separately.
(vi)
The volume, alcohol content and date of outgoing transfer, and the name of the relevant manufacturing plant or warehouse for raw material alcohol transferred-out, taking fermented alcohol and synthetic alcohol separately.
(vii)
The alcohol content of alcohol that has been manufactured (hereafter referred to as "manufactured alcohol"), and the volume and date of manufacture for fermented alcohol and synthetic alcohol separately.
(viii)
The alcohol content of manufactured alcohol (excluding manufactured alcohol transferred as specified alcohol) transferred-out, and, taking fermented alcohol and synthetic alcohol separately, the volume, date of outgoing transfer, and the title, or name and permission number, of the receiver and the name of the destination (in cases where alcohol is transferred to a manufacturing plant or warehouse of the manufacturer with the relevant permission, or cases where alcohol is transferred-out for export, the name of that manufacturing plant or warehouse, or the place of shipment shall be substituted for the title, or name and permission number, of the receiver and the name of the destination).
(ix)
The alcohol content of manufactured alcohol transferred as specified alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume and date of transfer.
(x)
The alcohol content of manufactured alcohol transferred-in from a manufacturing plant or warehouse of the manufacturer with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, date of incoming transfer and the name of the relevant manufacturing plant or warehouse.
(xi)
Any related matters when cultivated yeast or unrefined alcohol is transferred-out after receiving the authorization set forth in Article 15 of the Act.
(xii)
Any related matters when manufactured alcohol, raw material alcohol, cultivated yeast, unrefined alcohol or raw materials have been lost or stolen.
(xiii)
Related matters when manufactured alcohol, raw material alcohol, cultivated yeast, unrefined alcohol or raw materials have been confiscated pursuant to Article 40, paragraph (2) of the Act.
(xiv)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(2)
Manufacturers shall hold books containing the matters listed in the previous paragraph at each manufacturing plant or warehouse, and shall record matters listed in that paragraph in those books without delay as soon as it becomes possible to do so. They shall retain those books for 5 years from the date of recording.
(Storage by Electromagnetic Means)
Article 10
(1)
When the matters listed in each item of paragraph (1) of the previous Article are recorded by electromagnetic means (meaning electronic means, magnetic means or any other means imperceptible to humans), and the records are stored so as to allow for immediate display by a computer or other appliance as necessary, the storage of those records may substitute for the retention of books containing the relevant matters prescribed by Article 9, paragraph (1) of the Act.
(2)
In cases where records are made pursuant to the provisions of the previous paragraph, all endeavors shall be made to ensure the standards provided by the Minister of Economy, Trade and Industry are met.
(Periodic Reports)
Article 11
(1)
The reports set forth in Article 9, paragraph (2) of the Act shall be submitted to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the principal office by the last day of May every year in a report using Form No. 9, appending a table using Form No. 10 displaying the history of raw material alcohol receipts, and a table using form No. 11 displaying the history of manufactured alcohol transfers (excluding manufactured alcohol transferred as specified alcohol), for that fiscal year (meaning the year from April 1st to March 31st the next year; the same shall apply hereafter).
(2)
The matters provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 9, paragraph (2) of the Act shall be the matters listed below for the previous fiscal year.
(i)
The alcohol content of manufactured alcohol carried over from the previous fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ii)
The alcohol content of manufactured alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iii)
The alcohol content of manufactured alcohol transferred to manufacturers, etc. (excluding alcohol transferred as specified alcohol), and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iv)
The alcohol content of manufactured alcohol transferred as specified alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(v)
The alcohol content of manufactured alcohol transferred-in from a manufacturing plant or warehouse of the manufacturer with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant manufacturing plant or warehouse.
(vi)
The alcohol content of manufactured alcohol transferred to a manufacturing plant or warehouse of the manufacturer with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant manufacturing plant or warehouse.
(vii)
The alcohol content of manufactured alcohol exported, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(viii)
The alcohol content of manufactured alcohol carried over to the next fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ix)
The volume of raw material alcohol carried over from the previous fiscal year, taking fermented alcohol and synthetic alcohol separately.
(x)
The volume of alcohol used in the manufacture of alcohol, taking fermented alcohol and synthetic alcohol separately.
(xi)
The volume of raw material alcohol, taking fermented alcohol and synthetic alcohol separately, whose transfer was received.
(xii)
The volume and the name of the relevant manufacturing plant or warehouse of raw material alcohol transferred-in from a manufacturing plant or warehouse of the manufacturer with the relevant permission, taking fermented alcohol and synthetic alcohol separately.
(xiii)
The volume and the name of the relevant manufacturing plant or warehouse of raw material alcohol transferred to a manufacturing plant or warehouse of the manufacturer with the relevant permission, taking fermented alcohol and synthetic alcohol separately.
(xiv)
The volume of raw material alcohol carried over to the next fiscal year, taking fermented alcohol and synthetic alcohol separately.
(xv)
Any related matters when manufactured alcohol or raw material alcohol has been lost or stolen.
(xvi)
Related matters where manufactured alcohol or raw material alcohol has been confiscated pursuant to the provisions of Article 40, paragraph (2) of the Act.
(xvii)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(Reporting Losses, etc.)
Article 12
Any person intending to make a report pursuant to Article 9, paragraph (3) of the Act shall submit a report using Form No. 12 to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the place where the alcohol, cultivated yeast or unrefined alcohol was lost or stolen.
(Notification of Cessation)
Article 13
Any person intending to give a notification pursuant to the provisions of Article 11, paragraph (1) of the Act shall submit a notification using Form No. 13 to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the principal office of that person.
(Application to Succeed to Necessary Activities)
Article 14
(1)
Any person intending to apply set forth in Article 13, paragraph (1) shall submit an application using Form No. 14 to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(2)
Relevant heirs falling under the prescription of the proviso to Article 7, paragraph (1) of the Act shall attach their family register to the application form set forth in the previous paragraph.
(List of Registered Matters)
Article 15
The matters provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 14 of the Act shall be those listed below.
(i)
The date and permission number of the permission set forth in Article 3, paragraph (1) of the Act.
(ii)
When a disposition for temporary cessation of business activities prescribed by Article 12 of the Act has been made, that period.
(iii)
When a fixed period has been set pursuant to the provisions of Article 13, paragraph (1) of the Act, that period.
(Application for Authorization to Transfer-Out Cultivated Yeast, etc.)
Article 16
Any person seeking the authorization set forth in Article 15 of the Act shall on each occasion submit an application using Form No. 15 to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the manufacturing plant from which it is intended that cultivated yeast or unrefined alcohol will be transferred.
Section 2 Businesses Importing Alcohol
(Apply for the Permission to Import)
Article 17
(1)
Any person intending to apply for the permission set forth in Article 16, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article shall submit an application using Form No. 16, appending the following documents, to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(i)
The documents listed in the right-hand column of the attached table as they correspond to the equipment types listed in the left-hand column of that table.
(ii)
Drawings and arrangement plans of warehouse equipment and any other equipment of each warehouse.
(iii)
Documents showing the amount of required funds and the means of procurement.
(iv)
A document pledging that the applicant (in cases where the applicant is a juridical person, this includes that juridical person and an officer conducting the business operations of that juridical person; and in cases where the applicant is a minor or adult ward, person under curatorship or person under assistance this includes his or her statutory agent) does not fall under any of the items of Article 5 of the Act.
(v)
In cases where the applicant is a juridical person, the articles of incorporation or act of endowment and certificate of registered matters, and a recent inventory of assets, balance sheet and profit-and-loss statement for that juridical person.
(2)
The matters provided by Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 16, paragraph (2), item (viii) of the Act shall be any other types of business activities then being conducted.
(3)
In cases where a person intending to apply for the permission set forth in Article 16, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article is an individual, and where the Director of the Regional Bureau of Economy, Trade and Industry cannot access the information for identification confirmation prescribed by Article 30-5, paragraph (1) of the Residential Basic Book Act for the person intending to apply, then pursuant to the provisions of Article 30-7, paragraph (3) of that Act, he/she may have the person intending to apply submit his or her residence certificate.
(Application for Approval for Examination, Research or Import)
Article 18
Any person seeking authorization pursuant to the provisions of the proviso to Article 17 of the Act shall on each occasion submit an application using Form No. 17 to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the landing place for that person's alcohol.
(Standards on Quantity Management Measures)
Article 19
The standards set forth in Article 18, item (ii) of the Act shall be as follows.
(i)
Equipment for receipts and payments for alcohol itself shall have a flow meter or weighing instrument able to measure the quantity of the alcohol itself; provided, however, that this shall not apply in cases where the Director of the Regional Bureau of Economy, Trade and Industry considers it not to be a hindrance to management.
(ii)
Storage tanks for alcohol shall have level gauges or other measurement equipment able to measure the quantity of alcohol contained in the tank.
(Application to Succeed to Necessary Activities)
Article 20
(1)
Any person intending to apply set forth in Article 19, paragraph (1) shall submit an application using Form No. 18 to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(2)
Relevant heirs falling under the prescription of the proviso to Article 7, paragraph (1) of the Act applied mutatis mutandis pursuant to Article 20 of the Act shall attach their family register to the application form set forth in the previous paragraph.
(Matters Recorded in Books, etc.)
Article 21
(1)
Matters to be recorded in books prescribed by Article 9, paragraph (1) of the Act applied mutatis mutandis pursuant to Article 20 of the Act shall be as follows for each warehouse (or the principal office for any matters listed in item (ii), and item (iv) to item (vi) which do not pertain to a warehouse).
(i)
The alcohol content, and, taking fermented alcohol and synthetic alcohol separately, the volume, date of incoming transfer and place of landing, for alcohol transferred-in (in cases where it is transferred-in from the warehouse of the importer with the relevant permission, the name of that warehouse shall be substituted for the place of landing).
(ii)
The alcohol content (excluding for alcohol transferred as specified alcohol), and, taking fermented alcohol and synthetic alcohol separately, the volume, date of outgoing transfer, place of landing, title or name and permission number of the receiver, and the name of the destination, for alcohol transferred to the manufacturing plant, warehouse or usage facility of a manufacturer, etc., without passing through the warehouse of the importer with the relevant permission.
(iii)
The alcohol content, and, taking fermented alcohol and synthetic alcohol separately, the volume and date of transfer, for any alcohol transferred to the manufacturing plant, warehouse or usage facility of a manufacturer, etc. without passing through the warehouse of the importer with the relevant permission that is transferred as specified alcohol.
(iv)
The alcohol content (excluding alcohol transferred as specified alcohol), and, taking fermented alcohol and synthetic alcohol separately, the volume, date of outgoing transfer, title or name and permission number of the receiver, and the name of the destination, for alcohol transferred-out (in cases where it is transferred to the warehouse of the importer with the relevant permission, or transferred-out for the purposes of export, the name of the warehouse or place of shipment shall be substituted for the title, or name and permission number of the receiver, and the name of the destination)
(v)
The alcohol content, and, taking fermented alcohol and synthetic alcohol separately, the volume and date of transfer, for any alcohol transferred-out as specified alcohol.
(vi)
Any related matters when alcohol has been lost or stolen.
(vii)
Related matters where alcohol has been confiscated pursuant to the provisions of Article 40, paragraph (2) of the Act.
(viii)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(2)
Importers shall hold books containing the matters listed in the previous paragraph at each principal office or warehouse, and shall record matters listed in that paragraph in those books without delay as soon as it becomes possible to do so. They shall retain those books for 5 years from the date of recording.
(Periodic Reports)
Article 22
(1)
Reports set forth in Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 20 the Act shall be submitted to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the principal office by the last day of May each year, using Form No. 19 and appending a table using Form No. 20 displaying the history of alcohol transfers (excluding alcohol transferred as specified alcohol) during that fiscal year.
(2)
The matters provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 20 of the Act shall be the matters listed below for the previous fiscal year.
(i)
The alcohol content of alcohol carried over from the previous fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ii)
The alcohol content of imported alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iii)
The alcohol content of alcohol transferred to manufacturers, etc. (excluding alcohol transferred as specified alcohol), and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iv)
The alcohol content of alcohol transferred as specified alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(v)
The alcohol content of alcohol transferred-in from a warehouse of the importer with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant warehouse.
(vi)
The alcohol content of alcohol transferred to a warehouse of the importer with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant warehouse.
(vii)
The alcohol content of alcohol exported, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(viii)
The alcohol content of alcohol carried over to the next fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ix)
Any related matters when alcohol has been lost or stolen.
(x)
Related matters where alcohol has been confiscated pursuant to the provisions of Article 40, paragraph (2) of the Act.
(xi)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(Mutatis Mutandis Application)
Article 23
The provisions of Article 5 to Article 8, Article 10, Article 12, Article 13, and Article 15 shall apply mutatis mutandis with respect to importers. In such cases, where in the center column of the following table that is contained in the provisions listed in the left hand column of that table shall each be technical replacements for the corresponding words listed in the right hand column of that table.
|Article 5|Article 7, paragraph (2) of the Act|Article 7, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 3|Form No. 21|
|Article 5, item (i)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 4|Form No. 22|
|Article 5, item (ii)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 5|Form No. 23|
|Article 5, item (iii)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 6|Form No. 24|
|Article 5, item (iv)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
|Article 5, item (v)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 6-2|Form No. 24-2|
|Article 6|Article 8, paragraph (1) of the Act|Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 7|Form No. 25|
||Article 2, item (i) and item (ii)|Article 17, item (i) and item (ii)|
|Article 7|the proviso to Article 8, paragraph (1) of the Act|the proviso to Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Manufacturing capacity or warehouse capacity|Warehouse capacity|
|Article 8, paragraph (1)|Article 8, paragraph (2) of the Act|Article 8, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 8|Form No. 26|
|Article 8, paragraph (1), item (i)|Article 3, paragraph (2), item (i) or item (ii) of the Act|Article 16, paragraph (2), item (i) or item (ii) of the Act|
|Article 8, paragraph (1), item (ii)|the proviso to Article 8, paragraph (1) of the Act|the proviso to Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
|Article 8, paragraph (2)|Article 3, paragraph (2), item (i), item (iii) or item (iv) of the Act|Article 16, paragraph (2), item (i) ,item (iii) or item (iv) of the Act|
|Article 10, paragraph (1)|each item of paragraph (1) of the previous Article|each item of Article 21|
||Article 9, paragraph (1) of the Act|Article 9, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
|Article 12|Article 9, paragraph (3) of the Act|Article 9, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 12|Form No. 27|
||alcohol, cultivated yeast or unrefined alcohol|alcohol|
|Article 13|Article 11, paragraph (1) of the Act|Article 11, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
||Form No. 13|Form No. 28|
|Article 15|Article 14 of the Act|Article 14 of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
|Article 15, item (i)|Article 3, paragraph (1) of the Act|Article 16, paragraph (1) of the Act|
|Article 15, item (ii)|Article 12 of the Act|Article 12 of the Act as applied mutatis mutandis pursuant to Article 20 of the Act|
|Article 15, item (iii)|Article 13, paragraph (1) of the Act|Article 19, paragraph (1) of the Act|
Section 3 Businesses Selling Alcohol
(Apply for the Permission to Sell)
Article 24
(1)
Any person intending to apply for the permission set forth in Article 21, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article shall submit an application using Form No. 29, appending the following documents, to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(i)
The documents listed in the right-hand column of the attached table as they correspond to the equipment types listed in the left-hand column of that table.
(ii)
Drawings and arrangement plans of warehouse equipment and any other equipment for each business office or warehouse.
(iii)
Documents showing the amount of required funds and the means of procurement.
(iv)
A document pledging that the applicant (in cases where the applicant is a juridical person, this includes that juridical person and an officer conducting the business operations of that juridical person; and in cases where the applicant is a minor or adult ward, person under curatorship or person under assistance this includes his or her statutory agent) does not fall under any of the items of Article 5 of the Act.
(v)
In cases where the applicant is a juridical person, the articles of incorporation or act of endowment and certificate of registered matters, and a recent inventory of assets, balance sheet and profit-and-loss statement for that juridical person.
(2)
The matters provided by Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 21, paragraph (2), item (viii) of the Act shall be any other types of business activities then being conducted.
(3)
In cases where a person intending to apply for the permission set forth in Article 21, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article is an individual, and where the Director of the Regional Bureau of Economy, Trade and Industry cannot access the information for identification confirmation prescribed by Article 30-5, paragraph (1) of the Residential Basic Book Act for the person intending to apply, then pursuant to the provisions of Article 30-7, paragraph (3) of that Act, he/she may have the person intending to apply submit his or her residence certificate.
(Application for Approval for Transfer)
Article 25
Any person seeking authorization pursuant to the proviso to Article 22, paragraph (1) of the Act shall on each occasion submit an application using Form No. 30 to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of warehouses storing alcohol which is to be transferred.
(Standards on Quantity Management Measures)
Article 26
The standards set forth in Article 23, item (ii) of the Act shall be as follows.
(i)
Equipment for receipts and payments for alcohol itself shall have a flow meter or weighing instrument able to measure the quantity of the alcohol itself; provided, however, that this shall not apply in cases where the Director of the Regional Bureau of Economy, Trade and Industry considers it to be unnecessary.
(ii)
Storage tanks for alcohol shall have level gauges or other measurement equipment able to measure the quantity of alcohol contained in the tank.
(Application to Succeed to Necessary Activities)
Article 27
(1)
Any person intending to apply set forth in Article 24, paragraph (1) shall submit an application using Form No. 31 to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(2)
Relevant heirs falling under the prescription of the proviso to Article 7, paragraph (1) of the Act applied mutatis mutandis pursuant to Article 25 of the Act shall attach their family register to the application form set forth in the previous paragraph.
(Matters Recorded in Books, etc.)
Article 28
(1)
Matters to be recorded in books prescribed by Article 9, paragraph (1) of the Act applied mutatis mutandis pursuant to Article 25 of the Act shall be as follows for each warehouse (or the principal office or the business offices for any matters listed in item (ii), and item (iv) to item (vi) which do not pertain to a warehouse).
(i)
The alcohol content and, taking fermented alcohol and synthetic alcohol separately, the volume, date of incoming transfer, and title or name and permission number for the transferor (in cases where alcohol is transferred-in from the warehouse of the seller with the relevant permission, the name of the warehouse shall be substituted for the title or name and permission number of the transferor), for alcohol transferred-in.
(ii)
The alcohol content, and, taking fermented alcohol and synthetic alcohol separately, the volume, date of outgoing transfer, and title or name and permission number of the receiver, and the name of the destination, for alcohol transferred to the manufacturing plant, warehouse or usage facility of a manufacturer, etc., without passing through the warehouse of the seller with the relevant permission.
(iii)
The alcohol content, and, taking fermented alcohol and synthetic alcohol separately, the volume, date of outgoing transfer, title or name and permission number of the receiver, and the name of the destination, for alcohol transferred-out (in cases where it is transferred to the warehouse of the seller with the relevant permission, or transferred-out for the purposes of export, the name of the warehouse or place of shipment shall be substituted for the title, or name and permission number of the receiver, and the name of the destination).
(iv)
Any related matters when alcohol has been lost or stolen.
(v)
Any related matters where alcohol has been confiscated pursuant to the provisions of Article 40, paragraph (2) of the Act.
(vi)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(2)
Sellers shall hold books containing the matters listed in the previous paragraph at each warehouse, the principal office, or the business office, and shall record matters listed in that paragraph in those books without delay as soon as it becomes possible to do so. They shall retain those books for 5 years from the date of recording.
(Periodic Reports)
Article 29
(1)
Reports set forth in Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 25 of the Act shall be submitted to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the principal office by the last day of May each year in a report using Form No. 32, appending a table using Form No. 33 displaying the history of alcohol transfer receipt and a table using Form No. 34 displaying the history of alcohol transfers during that fiscal year.
(2)
The matters provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 25 the Act shall be the matters listed below for the previous fiscal year.
(i)
The alcohol content of alcohol carried over from the previous fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ii)
The alcohol content of received alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iii)
The alcohol content of alcohol transferred to manufacturers, etc. and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iv)
The alcohol content of alcohol transferred as specified alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(v)
The alcohol content of alcohol transferred-in from a warehouse of the seller with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant warehouse.
(vi)
The alcohol content of alcohol transferred to a warehouse of the seller with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant warehouse.
(vii)
The alcohol content of alcohol exported, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(viii)
The alcohol content of alcohol carried over to the next fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ix)
Any related matters when alcohol has been lost or stolen.
(x)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(Mutatis Mutandis Application)
Article 30
The provisions of Article 5 to Article 8, Article 10, Article 12, Article 13, and Article 15 shall apply mutatis mutandis with respect to seller. In such cases, where in the center column of the following table that is contained in the provisions listed in the left hand column of that table shall each be technical replacements for the corresponding words listed in the right hand column of that table.
|Article 5|Article 7, paragraph (2) of the Act|Article 7, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 3|Form No. 35|
|Article 5, item (i)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 4|Form No. 36|
|Article 5, item (ii)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 5|Form No. 37|
|Article 5, item (iii)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 6|Form No. 38|
|Article 5, item (iv)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
|Article 5, item (v)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 6-2|Form No. 38-2|
|Article 6|Article 8, paragraph (1) of the Act|Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 7|Form No. 39|
||Article 2, item (i) and item (ii)|Article 24, item (i) and item (ii)|
|Article 7|the proviso to Article 8, paragraph (1) of the Act|the proviso to Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Manufacturing capacity or warehouse capacity|Warehouse capacity|
|Article 8, paragraph (1)|Article 8, paragraph (2) of the Act|Article 8, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 8|Form No. 40|
|Article 8, paragraph (1), item (i)|Article 3, paragraph (2), item (i) or item (ii) of the Act|Article 21, paragraph (2), item (i) or item (ii) of the Act|
|Article 8, paragraph (1), item (ii)|The proviso to Article 8, paragraph (1) of the Act|The proviso to Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
|Article 8, paragraph (2)|Article 3, paragraph (2), item (i), item (iii) or item (iv) of the Act|Article 21, paragraph (2), item (i), item (iii) or item (iv) of the Act|
|Article 10, paragraph (1)|each item of paragraph (1) of the previous Article|each item of Article 28|
||Article 9, paragraph (1) of the Act|Article 9, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
|Article 12|Article 9, paragraph (3) of the Act|Article 9, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 12|Form No. 41|
||alcohol, cultivated yeast or unrefined alcohol|alcohol|
|Article 13|Article 11, paragraph (1) of the Act|Article 11, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
||Form No. 13|Form No. 42|
|Article 15|Article 14 of the Act|Article 14 of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
|Article 15, item (i)|Article 3, paragraph (1) of the Act|Article 21, paragraph (1) of the Act|
|Article 15, item (ii)|Article 12 of the Act|Article 12 of the Act as applied mutatis mutandis pursuant to Article 25 of the Act|
|Article 15, item (iii)|Article 13, paragraph (1) of the Act|Article 24, paragraph (1) of the Act|
Section 4 Use of Alcohol
(Apply for the Permission to Use)
Article 31
(1)
Any person intending to apply for the permission set forth in Article 26, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article shall submit an application using Form No. 43, appending the following documents, to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(i)
The documents listed in the right-hand column of the attached table as they correspond to the equipment types listed in the left-hand column of that table.
(ii)
Drawings and arrangement plans of usage equipment, warehouse equipment and any other equipment for each usage facility.
(iii)
A usage statement using Form No. 44.
(iv)
A document pledging that the applicant (in cases where the applicant is a juridical person, this includes that juridical person and an officer conducting the business operations of that juridical person; and in cases where the applicant is a minor or adult ward, person under curatorship or person under assistance this includes his or her statutory agent) does not fall under any of the items of Article 5 of the Act.
(v)
In cases where the applicant is a juridical person, the articles of incorporation or act of endowment and certificate of registered matters for that juridical person.
(2)
The matters provided by Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 26, paragraph (2), item (viii) of the Act shall be any other types of business activities then being conducted.
(3)
In cases where a person intending to apply for the permission set forth in Article 26, paragraph (1) of the Act pursuant to the provisions of paragraph (2) of that Article is an individual, and where the Director of the Regional Bureau of Economy, Trade and Industry cannot access the information for identification confirmation prescribed by Article 30-5, paragraph (1) of the Residential Basic Book Act for the person intending to apply, then pursuant to the provisions of Article 30-7, paragraph (3) of that Act, he/she may have the person intending to apply submit his or her residence certificate.
(Standards on Quantity Management Measures)
Article 32
The standards set forth in Article 28, item (ii) of the Act shall be as follows.
(i)
Equipment for receipts and payments for alcohol itself shall have a flow meter or weighing instrument able to measure the quantity of the alcohol itself; provided, however, that this shall not apply in cases where the Director of the Regional Bureau of Economy, Trade and Industry considers it not to be a hindrance to management.
(ii)
Storage tanks for alcohol shall have level gauges or other measurement equipment able to measure the quantity of alcohol contained in the tank.
(Application to Succeed to Necessary Activities)
Article 33
(1)
Any person intending to apply set forth in Article 29, paragraph (1) of the Act shall submit an application using Form No. 45 to the Director of the Bureau of Economy, Trade and Industry having jurisdiction over the location of that person's principal office.
(2)
Relevant heirs falling under the prescription of the proviso to Article 7, paragraph (1) of the Act applied mutatis mutandis pursuant to Article 30 of the Act shall attach their family register to the application form set forth in the previous paragraph.
(Matters Recorded in Books, etc.)
Article 34
(1)
Matters to be recorded in books prescribed by Article 9, paragraph (1) of the Act applied mutatis mutandis pursuant to Article 30 of the Act shall be as follows for each usage facility.
(i)
The alcohol content and, taking fermented alcohol and synthetic alcohol separately, the volume, date of incoming transfer, and title or name and permission number for the transferor (in cases where alcohol is transferred-in from the usage facility of the permitted user with the relevant permission, the name of the usage facility shall be substituted for the title or name and permission number of the transferor), for alcohol transferred-in.
(ii)
The alcohol content, and, taking fermented alcohol and synthetic alcohol separately, the volume, date of outgoing transfer, and the name of the usage facility, for alcohol transferred-out.
(iii)
The alcohol content, and, separately for each fermented alcohol and synthetic alcohol, the volume and date of provision for use, and name, volume and date of manufacture for the product made using the relevant alcohol, for alcohol provided for use.
(iv)
Any related matters when alcohol is transferred after receiving the authorization set forth in the proviso to Article 22, paragraph (1) of the Act.
(v)
Any related matters when alcohol has been lost or stolen.
(vi)
Related matters where alcohol has been confiscated pursuant to the provisions of Article 40, paragraph (2) of the Act.
(vii)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(2)
Permitted users shall hold books containing the matters listed in the previous paragraph at each usage facility, and shall record matters listed in that paragraph in those books without delay as soon as it becomes possible to do so. They shall retain those books for 5 years from the date of recording.
(Periodic Reports)
Article 35
(1)
Reports set forth in Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 30 of the Act shall be submitted to the Director of the Regional Bureau of Economy, Trade and Industry having jurisdiction over the location of the principal office by the last day of May each year in a report using Form No. 46, appending a table using Form No. 47 displaying the history of alcohol transfer receipt during that fiscal year.
(2)
The matters provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 30 of the Act shall be the matters listed below for the previous fiscal year.
(i)
The alcohol content of alcohol carried over from the previous fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(ii)
The alcohol content of received alcohol, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(iii)
The alcohol content of alcohol transferred-in from a usage facility of the permitted user with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant usage facility.
(iv)
The alcohol content of alcohol transferred to a usage facility of the permitted user with the relevant permission, and, taking fermented alcohol and synthetic alcohol separately, the volume, and the name of the relevant usage facility.
(v)
The alcohol content, and, separately for each fermented alcohol and synthetic alcohol, the volume; usage; name and volume of the product made using the relevant alcohol; and volume of any relevant alcohol pertaining to the relevant material-in-process in cases where there is material-in-process at the end of the fiscal year, for alcohol provided for use.
(vi)
The alcohol content of alcohol carried over to the next fiscal year, and, taking fermented alcohol and synthetic alcohol separately, the volume.
(vii)
Any related matters where alcohol is transferred after receiving the authorization set forth in the proviso to Article 22, paragraph (1) of the Act.
(viii)
Any related matters when alcohol has been lost or stolen.
(ix)
Related matters where alcohol has been confiscated pursuant to the provisions of Article 40, paragraph (2) of the Act.
(x)
Any matters used for reference from the perspective of reduction of alcohol flaws or other alcohol volume management.
(Mutatis Mutandis Application)
Article 36
The provisions of Article 5 to Article 8, Article 10, Article 12, Article 13, and Article 15 shall apply mutatis mutandis with respect to permitted user. In such cases, where in the center column of the following table that is contained in the provisions listed in the left hand column of that table shall each be technical replacements for the corresponding words listed in the right hand column of that table.
|Article 5|Article 7, paragraph (2) of the Act|Article 7, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 3|Form No. 48|
|Article 5, item (i)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 4|Form No. 49|
|Article 5, item (ii)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 5|Form No. 50|
|Article 5, item (iii)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 6|Form No. 51|
|Article 5, item (iv)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
|Article 5, item (v)|Article 7, paragraph (1) of the Act|Article 7, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 6-2|Form No. 51-2|
|Article 6|Article 8, paragraph (1) of the Act|Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 7|Form No. 52|
||Article 2, item (i) and item (ii)|Article 31, from item (i) to item (iii)|
|Article 7|the proviso to Article 8, paragraph (1) of the Act|the proviso to Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Manufacturing capacity or warehouse capacity|Usage or method of use|
|Article 8, paragraph (1)|Article 8, paragraph (2) of the Act|Article 8, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 8|Form No. 53|
|Article 8, paragraph (1), item (i)|Article 3, paragraph (2), item (i) or item (ii) of the Act|Article26, paragraph (2), item (i) or item (ii) of the Act|
|Article 8, paragraph (1), item (ii)|The proviso to Article 8, paragraph (1) of the Act|The proviso to Article 8, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
|Article 8, paragraph (2)|Article 3, paragraph (2), item (i), item (iii) or item (iv) of the Act|Article 26, paragraph (2), item (i), item (iii) or item (iv) of the Act|
|Article 10, paragraph (1)|each item of paragraph (1) of the previous Article|each item of Article 34|
||Article 9, paragraph (1) of the Act|Article 9, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
|Article 12|Article 9, paragraph (3) of the Act|Article 9, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 12|Form No. 54|
||Alcohol, cultivated yeast or unrefined alcohol|Alcohol|
|Article 13|Article 11, paragraph (1) of the Act|Article 11, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Form No. 13|Form No. 55|
|Article 15|Article 14 of the Act|Article 14 of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
|Article 15, item (i)|Article 3, paragraph (1) of the Act|Article 26, paragraph (1) of the Act|
|Article 15, item (ii)|Article 12 of the Act|Article 12 of the Act as applied mutatis mutandis pursuant to Article 30 of the Act|
||Business|Use|
|Article 15, item (iii)|Article 13, paragraph (1) of the Act|Article 29, paragraph (1) of the Act|
Chapter III Transfer of Specified Alcohol
Article 37
Deleted
(Additional Amounts for Specified Alcohol)
Article 38
The amount provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 2, paragraph (4) of the Act shall be the following amounts for the categories listed below, per kiloliter of alcohol.
(i)
Anything with an alcohol portion of less than 91 degrees:
900,000 yen
(ii)
Anything with an alcohol portion of 91 degrees or more:
900,000 yen plus 10,000 yen for every degree the alcohol portion exceeds 90 degrees.
(Application Forms and Accounting Statements)
Article 39
(1)
The application set forth in Article 2, paragraph (1) of the Order for Enforcement of the Alcohol Business Act (Cabinet Order No. 415 of 2000; hereafter referred to as "the order") shall be done using Form No. 55-2.
(2)
The accounting statement set forth in Article 2, paragraph (1) of the order shall be done using Form No. 55-3.
Chapter IV Miscellaneous Provisions
(Restrictions on Dilution of Alcohol)
Article 40
The cases provided by ordinance of the Ministry of Economy, Trade and Industry set forth in Article 35 of the Act shall be those listed below.
(i)
Cases where a manufacturer weakens alcohol in the course of its manufacture.
(ii)
Cases where a manufacturer, importer, seller or permitted user weakens alcohol to investigate its quality.
(iii)
Cases where a manufacture, importer, seller or permitted user weakens alcohol in order to dispose of it.
(Certificate of Removal)
Article 41
When an employee removes alcohol or other necessary samples pursuant to the provisions of Article 40, paragraph (2) of the Act, he/she shall provide a certificate of removal using Form No. 56 to the person whose alcohol or samples are removed.
(Status Identification)
Article 42
The identification set forth in Article 40, paragraph (3) of the Act shall use Form No. 57.
(Procedures Using Flexible Discs)
Article 43
Submission of the documents listed in the left-hand column of the following table may be done submitting a flexible disc on which the matters to be contained in the relevant documents are recorded in the formats listed in the right-hand column of the same table, and a flexible disc submission slip using Form No. 58.
|The application form set forth in Article 2, paragraph (1), and the appended documents listed in item (iii), item (iv), item (v) and item (vii) of that paragraph (excluding the articles of incorporation, the act of endowment and the certificate of registered matters)|Form No. 59|
|The application form set forth in Article 3|Form No. 60|
|The notification set forth in Article 5 and the appended documents listed in item (vi) of that Article|Form No. 61|
|The application form set forth in Article 6|Form No. 62|
|The notification set forth in Article 8|Form No. 63|
|The reports set forth in Article 11, paragraph (1)|Form No. 64|
|The table of Article 11, paragraph (1) displaying the history of raw material alcohol receipts|Form No. 65|
|The table of Article 11, paragraph (1) displaying the history of manufactured alcohol transfers|Form No. 66|
|The reports set forth in Article 12|Form No. 67|
|The notification set forth in Article 13|Form No. 68|
|The application form set forth in Article 14, paragraph (1)|Form No. 69|
|The application form set forth in Article 16|Form No. 70|
|The application form set forth in Article 17, paragraph (1), and the appended documents listed in item (iii), item (iv) and item (vi) of that paragraph (excluding the articles of incorporation, the act of endowment and the certificate of registered matters)|Form No. 71|
|The application form set forth in Article 18|Form No. 72|
|The application form set forth in Article 20, paragraph (1)|Form No. 73|
|The reports set forth in Article 22, paragraph (1)|Form No. 74|
|The table of Article 22, paragraph (1) displaying the history of alcohol transfers|Form No. 75|
|The notification set forth in Article 5 as applied mutatis mutandis pursuant to Article 23 after deemed replacement and the appended documents listed in item (vi) of that paragraph|Form No. 76|
|The application form set forth in Article 6 as applied mutatis mutandis pursuant to Article 23 after deemed replacement|Form No. 77|
|The notification set forth in Article 8 as applied mutatis mutandis pursuant to Article 23 after deemed replacement|Form No. 78|
|The reports set forth in Article 12 as applied mutatis mutandis pursuant to Article 23 after deemed replacement|Form No. 79|
|The notification set forth in Article 13 as applied mutatis mutandis pursuant to Article 23 after deemed replacement|Form No. 80|
|The application form set forth in Article 24, paragraph (1), and the appended documents listed in item (iii), item (iv) and item (vi) of that paragraph (excluding the articles of incorporation, the act of endowment and the certificate of registered matters)|Form No. 81|
|The application form set forth in Article 25|Form No. 82|
|The application form set forth in Article 27, paragraph (1)|Form No. 83|
|The reports set forth in Article 29, paragraph (1)|Form No. 84|
|The table of Article 29, paragraph (1) displaying the history of alcohol receipts|Form No. 85|
|The table of Article 29, paragraph (1) displaying the history of alcohol transfers|Form No. 86|
|The notification set forth in Article 5 as applied mutatis mutandis pursuant to Article 30 after deemed replacement and the appended documents listed in item (vi) of that paragraph|Form No. 87|
|The application form set forth in Article 6 as applied mutatis mutandis pursuant to Article 30 after deemed replacement|Form No. 88|
|The notification set forth in Article 8 as applied mutatis mutandis pursuant to Article 30 after deemed replacement|Form No. 89|
|The reports set forth in Article 12 as applied mutatis mutandis pursuant to Article 30 after deemed replacement|Form No. 90|
|The notification set forth in Article 13 as applied mutatis mutandis pursuant to Article 30 after deemed replacement|Form No. 91|
|The application form set forth in Article 31, paragraph (1), and the appended documents listed in item (iv) of that paragraph|Form No. 92|
|The application form set forth in Article 33, paragraph (1)|Form No. 93|
|The reports form set forth in Article 35, paragraph (1)|Form No. 94|
|The table of Article 35, paragraph (1) displaying the history of alcohol receipts|Form No. 95|
|The notification set forth in Article 5 as applied mutatis mutandis pursuant to Article 36 after deemed replacement and the appended documents listed in item (vi) of that paragraph|Form No. 96|
|The application form set forth in Article 6 as applied mutatis mutandis pursuant to Article 36 after deemed replacement|Form No. 97|
|The notification set forth in Article 8 as applied mutatis mutandis pursuant to Article 36 after deemed replacement|Form No. 98|
|The reports set forth in Article 12 as applied mutatis mutandis pursuant to Article 36 after deemed replacement|Form No. 99|
|The notification set forth in Article 13 as applied mutatis mutandis pursuant to Article 36 after deemed replacement|Form No. 100|
|The application form set forth in Article 39, paragraph (1)|Form No. 101|
|The accounting statement set forth in Article 39, paragraph (2)|Form No. 102|
(Structure of Flexible Discs)
Article 44
Flexible discs set forth in the previous Article shall come under one of the categories listed in the items below.
(i)
A 90mm flexible disc cartridge that conforms to Japanese Industrial Standard X6221 based on the Industrial Standardization Act (Act No. 185 of 1949) (hereinafter referred to as a "Japanese Industrial Standard").
(ii)
A 90mm flexible disc cartridge that conforms to Japanese Industrial Standard X6223.
(Method of Recording on Flexible Discs)
Article 45
(1)
Recording on a flexible disc pursuant to the provisions of Article 43 shall be done in conformity with the methods listed below.
(i)
For a track format, the method specified in Japanese Industrial Standard X6222 when recording onto a flexible disc set forth in item (i) of the previous Article, or the method specified in Japanese Industrial Standard X6225 when recording onto a flexible disc set forth in item (ii) of the same Article.
(ii)
For a volume and file configuration, the method specified in Japanese Industrial Standard X0605.
(iii)
For a character coded representation, the method specified in Annex 1 to Japanese Industrial Standard X0208.
(2)
Recording onto a flexible disc pursuant to the provisions of Article 43 shall be carried out by using the graphic characters specified in Japanese Industrial Standards X0201 and X0208 and the "carriage return (CR)" and the "line feed (LF)" from among the control characters specified in Japanese Industrial Standard X0211.
(Documents Pasted onto a Flexible Disc)
Article 46
A document containing the following matters shall be pasted onto the labeling area specified in Japanese Industrial Standards X6221 or X6223 of a flexible disc set forth in Article 43.
(i)
The title or name of the person making the submission.
(ii)
The date of submission.
(Special Provisions for Procedures Using Electronic Data Processing Systems)
Article 47
The persons listed in each of the following items shall input the matters listed in each respective item from the computer (limited to those which conform to the standards provided by the specifications of the Minister of Economy, Trade and Industry) used by the person conducting the relevant procedure when conducting that procedure using an Electronic Data Processing System (meaning an electronic data processing system which connects the computer (including input-output devices; the same shall apply hereafter) used by the Minister of Economy, Trade and Industry with the computer used by the person conducting the procedure prescribed by the relevant item via a telecommunications line) set forth in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedures, etc. (Act No. 151 of 2002).
(i)
Any person intending to make a periodic report to the Minister of Economy, Trade and Industry pursuant to the provisions of Article 9, paragraph (2) of the Act:
matters to be recorded in alcohol manufacturing operation report forms, raw material alcohol transfer receipt table forms and manufactured alcohol transfer table forms which are available from files stored in the computer used by the Minister of Economy, Trade and Industry.
(ii)
Any person intending to make a periodic report to the Director of the Regional Bureau of Economy, Trade and Industry pursuant to the provisions of Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 20 of the Act:
matters to be recorded in alcohol import operation report forms and alcohol transfer table forms which are available from files stored in the computer used by the Minister of Economy, Trade and Industry.
(iii)
Any person intending to make a periodic report to the Director of the Regional Bureau of Economy, Trade and Industry pursuant to the provisions of Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 25 of the Act:
matters to be recorded in alcohol sales operation report forms, alcohol transfer receipt table forms and alcohol transfer table forms which are available from files stored in the computer used by the Minister of Economy, Trade and Industry.
(iv)
Any person intending to make a periodic report to the Director of the Regional Bureau of Economy, Trade and Industry pursuant to the provisions of Article 9, paragraph (2) of the Act applied mutatis mutandis pursuant to Article 30 of the Act:
matters to be recorded in alcohol use operation report forms and alcohol transfer receipt table forms which are available from files stored in the computer used by the Minister of Economy, Trade and Industry.
Supplementary Provisions
[Extract]
(Effective Date)
Article 1
This order shall come into effect on April 1st, 2001; provided, however, that the provisions of Article 2, Article 3, Article 17, Article 18, Article 24 and Article 31 shall come into effect on January 6th of that year.
Article 2
Deleted
Article 3
Deleted
Article 4
Deleted
(Cessation of the detailed regulations for Enforcement of the Alcohol Monopoly Act, etc.)
Article 5
The Ordinance listed below shall be abolished.
(i)
The detailed regulations for Enforcement of the Alcohol Monopoly Act (Ordinance of the Ministry of Finance No. 10 of 1937)
(ii)
The Alcohol Selling Ordinance (Ordinance of the Ministry of Finance No. 11 of 1937)
(Transitional Measures for the Handling of Alcohol Sold by the Minister of Economy, Trade and Industry Prior to the Effective Date)
Article 6
The provisions of Article 4, Article 4-2, Article 12, Article 15, Article 17, Article 19 to Article 21, Article 30, Article 31 and Article 53-2 to Article 53-5 of the Alcohol Selling Ordinance (hereafter referred to as the "old Ordinance") prior to its abolition pursuant to the provisions of Article 5 of the Supplementary Provisions to the Act shall continue to remain effective in cases where persons or alcohol prescribed by Article 14, paragraph (1) of the Supplementary Provisions of the Act come under the application of the provisions of Article 22 to Article 25 and Article 29-5 to Article 31 of the Alcohol Monopolies Act (Act No. 32 of 1937, hereafter referred to as the "old Act") prior to its abolition pursuant to the provisions of Article 9 of the Supplementary Provisions to this Act, as they are to remain effective pursuant to the provisions of Article 14, paragraph (1) of the Supplementary Provisions to this Act. In such cases, where in the center column of the following table that is contained in the provisions of the old Ordinance listed in the left hand column of that table shall each be technical replacements for the corresponding words listed in the right hand column of that table.
|Article 19, paragraph (1) and paragraph (2)|The Alcohol Monopoly Act|The old Act|
|Article 19, paragraph (3)|Article 4 and Article 15|Article 4 under the application of the replaced terms that are to remain effective pursuant to Article 6 of the Supplementary Provisions to the Order for Enforcement of the Alcohol Business Act (Order of the Ministry of Economy, Trade and Industry No. 209 of 2000), and Article 15 as it is to remain effective pursuant to the provisions of Article 6 of the Supplementary Provisions to the Order for Enforcement of the Alcohol Business Act.|
|Article 20|The Alcohol Monopoly Act|The old Act|
|Article 21, paragraph (1)|The Alcohol Monopoly Act|The old Act|
|Article 21, paragraph (2)|Article 19, paragraph (2)|Article 19, paragraph (2) under the application of the replaced terms that are to remain effective pursuant to the provisions of Article 6 of the Supplementary Provisions to the Order for Enforcement of the Alcohol Business Act.|
|The other parts of each listing item of Article 30|The Alcohol Monopoly Act|The old Act|
|Article 31|The Alcohol Monopoly Act|The old Act|
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 99 of March 29, 2001]
[Extract]
(Effective Date)
(1)
This order shall come into effect on the effective dates for the Act on Partial Revision of the Commercial Code, etc. and the Act on the Arrangement of Related Acts that Accompany the Enforcement of Acts that Revise Parts of the Commercial Code, etc. (April 1st, 2001).
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 234 of December 25, 2001]
This order shall come into effect on December 28th, 2001; provided, however, that the provisions revising by adding one Article after Article 46 (limited to parts relating Article 47, paragraph (5), item (ii)) shall come into effect on March 1st, 2002.
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 9 of February 3, 2003]
This order shall come into effect on the effective date for the Act on Use of Information and Communications Technology in Administrative Procedures, etc. (February 3, 2003).
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 42 of March 31, 2003]
This order shall come into effect from the date of its promulgation.
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 50 of March 31, 2003]
This order shall come into effect from the date of May 1st, 2003.
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 14 of March 4, 2005]
This order shall come into effect on the effective date for the Real Property Registration Act (March 7, 2005).
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 10 of March 15, 2006]
This order shall come into effect from the date of April 1st, 2006.
Supplementary Provisions
[Ordinance of the Ministry of Economy, Trade and Industry No. 40 of March 31, 2006]
This order shall come into effect from the date of May 1st, 2006.
Attached Table
|The type of equipment|The necessary items to record|The appended documents|
|Alcohol manufacturing equipment|||
|Steamer|Volume and base number|Structural drawings|
|Fermenter|Volume and base number|Structural drawings|
|Cultivated yeast tank|Volume and base number|Structural drawings|
|Heating furnace|Base number|Structural drawings|
|Reactor vessel|Reaction Method, Volume and base number|Structural drawings|
|Gas separator tank|Volume and base number|Structural drawings|
|Distillery|Name (alcohol evaporator, refinery tower, etc.), height, inner diameter, number of stages, and internal structure (bubble type, etc.) and base number|Structural drawings|
|Alcohol warehouse equipment|||
|Alcohol storage tank|Volume and base number|Structural drawings|
|Alcohol warehouse (including outdoor types)|Total possible storage volume|Structural drawings|
|Alcohol use equipment|||
|Equipment used in the usage process|Name and capacity (volume, etc.) of each piece of equipment||
|Measuring gauges|||
|Alcohol measuring gauge||Document showing the name, format and basic number|
|Alcohol raw material measuring gauge||Document showing the name, format and basic number|
|Alcohol transport piping||Documents showing calculation of volume within the pipes|