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Act on Special Measures against Dioxins


Published: 2010-01-01

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Act on Special Measures against Dioxins
Chapter I General Provisions (Articles 1 to 5)
Chapter II Standards on Which Policies on Dioxins Should Be Based (Articles 6 and 7)
Chapter III Regulations for Dioxins Emissions
Section 1 Regulations Concerning Emission Gas and Effluent Pertaining to Dioxins (Articles 8 to 23)
Section 2 Treatment of Soot and Dust, and Cleanup Pertaining to Waste Incinerators, (Articles 24 and 25)
Chapter IV Surveys of the Status of Pollution Caused by Dioxins (Articles 26 to 28)
Chapter V Measures Pertaining to Soil Polluted by Dioxins (Articles 29 to 32)
Chapter VI National Plan for the Reduction of Dioxin Emissions (Article 33)
Chapter VII Miscellaneous Provisions (Articles 34 to 43)
Chapter VIII Penal Provisions (Articles 44 to 49)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to ensure protection of the people's health by providing standards for which policies on Dioxins should be based, as it is a known fact that Dioxins are substances that pose a risk of having serious influences on human life and health while providing necessary regulations and measures pertaining to polluted soil, and cleanup in order to implement prevention, removal, and other measures concerning environmental pollution caused by Dioxins.
(Definitions)
Article 2 (1) The term "Dioxins" as used in this Act means the following:
(i) polychlorinated dibenzofurans;
(ii) polychlorodibenzo-para-dioxins; and
(iii) coplanar polychlorinated biphenyls.
(2) The term "Specified Facility" as used in this Act means a facility installed within a factory or workplace furnished with an electric furnace used for steelmaking, a waste incinerator, or any other equipment that is specified by Cabinet Order that generates and emits Dioxins into the air or expels contaminated water or waste fluid containing Dioxins.
(3) The term "Emission Gases" as used in this Act means exhaust emitted into the air from a Specified Facility.
(4) The term "Effluent" used in this Act means water emitted from a factory or a workplace where a Specified Facility is installed (hereinafter referred to as a "Specified Workplace") into a public water area (meaning the public water area prescribed in Article 2, paragraph (1) of the Water Pollution Control Act (Act No. 138 of 1970); the same applies hereinafter).
(Responsibilities of the State and Local Public Entities)
Article 3 (1) The State is to formulate and implement basic and comprehensive policies for the prevention, removal, and cleanup of environmental pollutants caused by Dioxins.
(2) Local public entities are to implement policies for the prevention or removal, and cleanup of environmental pollution caused by Dioxins, in accordance with the natural and social conditions of their respective zones.
(Responsibilities of Businesses Operators)
Article 4 Business operators must take the necessary measures for the prevention, removal, or cleanup of environmental pollution caused by Dioxins generated in the course of business activities, when carrying out business activities and must cooperate on policies for the prevention, removal, or cleanup of environmental pollution caused by Dioxins which are implemented by the State or local public entities.
(Responsibilities of the People)
Article 5 The people must prevent environmental pollution caused by Dioxins generated in the course of their daily lives, as well as to abide by the policies for the prevention or removal, and other measures concerning environmental pollution caused by Dioxins which are implemented by the State or local public entities.
Chapter II Standards on Which Policies on Dioxins Should Be Based
(Tolerable Daily Intake)
Article 6 (1) As Dioxins are chemical substances expelled as a result of human activities and do not exist naturally in the environment, the tolerable daily intake (meaning the daily dose of Dioxins that can be ingested continuously by a human over a lifetime without the risk of health effects, expressed by the amount of 2,3,7,8-tetrachlorodibenzo-para-dioxin), which is to be the guideline for policies on Dioxins to be implemented by the State and local public entities, is to be a value specified by Cabinet Order not more than 4 picograms per kilogram of human body weight.
(2) With regard to the value referred to in the preceding paragraph, necessary revisions are to be made based on scientific knowledge, while giving sufficient consideration to international progress concerning assessment of the safety of chemical substances.
(Environmental Quality Standards)
Article 7 The government is to set favorable standards which are desirable in maintaining the protection of human health pertaining to the environmental conditions of air pollution, water pollution (including pollution of bottom sediment), and soil pollution.
Chapter III Regulations for Dioxin and other Emissions
Section 1 Regulations Concerning Emission Gas and Effluents Pertaining to Dioxins
(Emission Standards)
Article 8 (1) Emission standards for Dioxins are specified by Ordinance of the Ministry of the Environment, according to the type and structure of specified facilities, in consideration for the level of technology in reducing the emission of Dioxins contained in the emission gases or effluents pertaining to specified facilities.
(2) The emission standards referred to in the preceding paragraph are to be the maximum permissible limit set forth in item (i) with regard to those pertaining to Emission Gases (hereinafter referred to as "Gas Emission Standards"), and are to be the maximum permissible limit set forth in item (ii) with regard to those pertaining to Effluents (hereinafter referred to as "Effluent Emission Standards"):
(i) the maximum permissible limit to be specified for the amount of Dioxins contained in Emission Gases (meaning the amount of Dioxins measured by the method specified by Ordinance of the Ministry of the Environment converted into the toxicity of 2,3,7,8-tetrachlorodibenzo-para-dioxin pursuant to the provisions of Ordinance of the Ministry of the Environment; the same applies hereinafter); and
(ii) the maximum permissible limit of the amount of Dioxins contained in Effluent to be specified for.
(3) If there is any area within a prefecture where the emission standards set forth in paragraph (1) are found to be insufficient for protecting human health, after an assessment of the natural and social conditions, the prefecture may, by a Prefectural Ordinance and pursuant to the provisions of Cabinet Order, set in lieu of the emission standards set forth in said paragraph emission standards that specify a stricter maximum permissible limit than the applicable maximum permissible limit specified by the emission standards set forth in said paragraph, with regard to the amount of Dioxins contained in emission gases emitted from Specified Facilities in such area or in Effluent emitted in such area.
(4) In regards to the preceding paragraph, the Prefectural Ordinance must clarify the extent to which the applicable area is concerned.
(5) In the case where a prefecture chooses emission standards pursuant to the provisions of paragraph (3), the prefectural governor concerned must notify the Minister of the Environment and any other relevant prefectural governors (limited to the case of setting the emission standards set forth in said paragraph which pertain to Effluent) in advance.
(Recommendations Concerning Emission Standards)
Article 9 When the Minister of the Environment finds prevention of air pollution or pollution of public water areas from Dioxins a high priority, said minister may recommend a prefecture to establish emission standards pursuant to the provisions of paragraph (3) of the preceding Article or to modify the emission standards that have been established pursuant to the provisions of said paragraph.
(Total Emission Control Standards)
Article 10 (1) For a zone where Specified Facilities to which gas emission standards (including emission standards set pursuant to the provisions of Article 8, paragraph (3), which pertain to emission gases; hereinafter the same applies in this paragraph) apply (such facilities are hereinafter referred to as "Facilities Subject to Gas Emission Standards") are concentrated, and which is specified by Cabinet Order as a zone where it is difficult to attain the standards set forth in Article 7 which relate to air pollution solely with the Gas Emission Standards (such zone, hereinafter is referred to as a "Designated Zone"), a prefectural governor must prepare a total emission reduction plan, and based on this, set total emission control standards pursuant to the provisions of Ordinance of the Ministry of the Environment, with regard to Dioxins emitted into the air from specified workplaces established in said Designated Zone (hereinafter referred to as a "Workplace Subject to Total Emission Control Standards").
(2) When a prefectural governor finds it necessary, said governor may divide the designated zone concerned into two or more areas and set the total emission control standards set forth in the preceding paragraph for said assigned areas.
(3) A prefectural governor may, with regard to a Workplace Subject to Total Emission Control Standards which has newly installed a facility subject to gas emission standards (including a factory or a workplace which has newly become a Workplace Subject to Total Emission Control Standards through installation or change of structure, or other means of a Specified Facility) or a newly established Workplace Subject to Total Emission Control Standards, set special total emission control standards to be applied in lieu of the total emission control standards set forth in paragraph (1), based on the total emission reduction plan set forth in said paragraph, pursuant to the provisions of Ordinance of the Ministry of the Environment.
(4) The total emission control standards set forth in paragraph (1) or the preceding paragraph is the maximum permissible limit to be specified, with regard to a Workplace Subject to Total Emission Control Standards, for the total amount of Dioxins emitted from the exhaust outlets (meaning smokestacks or any other openings of Facilities Subject to Gas Emission Standards which are created for discharging emission gases into the air from the facilities; the same applies hereinafter) to all Facilities Subject to Gas Emission Standards which are installed in the workplace subject to the total emission control standards.
(5) If there is a certain zone which is found to satisfy the requirements of a zone to be specified by the Cabinet Order set forth in paragraph (1), a prefectural governor may make a proposal to that effect to the Minister of the Environment with regard to the planning of the Cabinet Order set forth in said paragraph.
(6) Residents may request the prefectural governor who has jurisdiction over said domicile to make the proposal set forth in the preceding paragraph.
(7) When the Minister of the Environment intends to enact, revise or abolish the Cabinet Order set forth in paragraph (1), said minister must listen to the opinions of the relevant prefectural governors.
(8) A prefectural governor is to give public notice when setting the total emission control standards set forth in paragraph (1) or (3). The same applies when modifying or abolishing the standards.
(Total Emission Reduction Plan)
Article 11 (1) The total emission reduction plan referred to in paragraph (1) of the preceding Article specify the details listed in items (iii) and (iv) for the designated zone concerned, pursuant to the provisions of Cabinet Order, by taking into consideration the type and size, and other conditions of the Facilities Subject to Gas Emission Standards, with an aim to reduce emissions from the total amount set forth in item (i) to the total amount set forth in item (ii). In the case where it is necessary to divide the designated zones concerned into two or more areas for the purpose of achieving the plan, due to the status of distribution of Facilities Subject to Gas Emission Standards, the total amount set forth in items (i) and (ii) is to be the total amount of Dioxins in each such area:
(i) the total amount of Dioxins emitted into the air from all Facilities Subject to Gas Emission Standards in the designated zone concerned;
(ii) the total amount of Dioxins emitted into the air from Facilities Subject to Gas Emission Standards in the designated zone concerned, calculated pursuant to the provisions of Ordinance of the Ministry of the Environment in light of the standards set forth in Article 7 in reference to air pollution;
(iii) the target volume of reduction with regard to the total amount set forth in item (i) (in the case of setting a target volume of reduction as an interim target, this includes such target volume of reduction); and
(iv) the period and the method for achieving the plan.
(2) When a prefectural governor intends to establish the total emission reduction plan set forth in paragraph (1) of the preceding Article, said governor must listen to the opinions of the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act (Act No. 91 of 1993) and the mayors of the relevant municipalities, and hold a public hearing to listen to the opinions of residents of the designated zone.
(3) When a prefectural governor intends to establish the total emission reduction plan set forth in paragraph (1) of the preceding Article, said governor is to consult with the Minister of the Environment and obtain consent thereof in advance.
(4) When a prefectural governor has established the total emission reduction plan set forth in paragraph (1) of the preceding Article, said governor must give public notice of the matters listed in the items of paragraph (1).
(5) ,The prefectural governor may modify the total emission reduction plan set forth in paragraph (1) of the preceding Article when needed, due to changing conditions of air pollution, and others, in the designated zone
(6) The provisions of paragraphs (2) through (4) are to apply mutatis mutandis to modification of a plan under the provisions of the preceding paragraph.
(Notification of the Establishment of a Specified Facility)
Article 12 (1) A person who intends to establish a Specified Facility must notify the prefectural governor of the following matters, pursuant to the provisions of Ordinance of the Ministry of the Environment:
(i) the person's name and address, and in the case of a juridical person, the name of the representative thereof;
(ii) the name and location of the specified workplace;
(iii) the type of the Specified Facility;
(iv) the structure of the Specified Facility;
(v) the method of use of the Specified Facility; and
(vi) in the case of a facility subject to gas emission standards, the method of treatment of generated gas (meaning the gas generated by a facility subject to gas emission standards; the same applies hereinafter), and in the case of a Specified Facility pertaining to Effluent Emission Standards (including emission standards set pursuant to the provisions of Article 8, paragraph (3), which pertain to Effluent) (such facility is hereinafter referred to as a "facility targeted for Effluent Emission Standards"), the method of treatment of polluted water or waste fluid emitted from said facility targeted for Effluent Emission Standards.
(2) Notification under the provisions of the preceding paragraph must have attached thereto a document stating the amount of emission of Dioxins (in the case of a facility subject to gas emission standards, it must be the amount of Dioxins contained in the emission gas, and in the case of a facility targeted for Effluent Emission Standards, it must be the amount of Dioxins contained in the Effluent from the specified workplace where the facility targeted for Effluent Emission Standards is installed (hereinafter referred to as the "Workplace Subject to Effluent Emission Standards")) estimated based on the type or structure of the Specified Facility, the method of treatment of generated gas, polluted water, or waste fluid, or other factors, and stating other matters specified by Ordinance of the Ministry of the Environment.
(Transitional Measures)
Article 13 (1) A person who, at the time when a facility becomes a Specified Facility, already has said facility installed (including a person who is carrying out the installation work; the same applies in the following paragraph) and is discharging emission gas or Effluent must, pursuant to the provisions of Ordinance of the Ministry of the Environment, notify the prefectural governor of the matters listed in the items of paragraph (1) of the preceding Article, within thirty days from the day on which said facility becomes a Specified Facility.
(2) Persons listed in the left column of the following table must, pursuant to the provisions of Ordinance of the Ministry of the Environment, notify the prefectural governor of the matters listed respectively in the middle column of said table within thirty days from the days specified respectively in the right column of said table.
|A person who, at the time when a facility targeted for to effluent emission standards becomes a facility subject to gas emission standards, already has said facility installed|The matter set forth in paragraph (1), item (vi) of the preceding Article pertaining to the person's generated gas|The day on which the person's facility targeted for effluent emission standards becomes a facility subject to gas emission standards|
|A person who, at the time when a facility subject to gas emission standards becomes a facility targeted for effluent emission standards, already has said facility installed|The matter set forth in paragraph (1), item (vi) of the preceding Article pertaining to the person's polluted water or waste fluid|The day on which the person's facility subject to gas emission standards becomes a facility targeted for effluent emission standards|
(3) The provisions of paragraph (2) of the preceding Article are to apply mutatis mutandis to notification under the provisions of the preceding two paragraphs.
(Notification of Changes in the Structure of Specified Facilities)
Article 14 (1) When a person who has made notification under the provisions of Article 12, paragraph (1) or paragraph (1) or (2) of the preceding Article intends to change any of the matters listed in Article 12, paragraph (1), items (iv) through (vi) or the matters listed in the middle column of the table set forth in paragraph (2) of the preceding Article pertaining to said notification, said person must notify the prefectural governor to that effect pursuant to the provisions of Ordinance of the Ministry of the Environment.
(2) The provisions of Article 12, paragraph (2) apply mutatis mutandis to notification under the provisions of the preceding paragraph.
(Order for Amendment of Plans, and Particulars)
Article 15 If a prefectural governor, upon receiving notification under the provisions of Article 12, paragraph (1) or paragraph (1) of the preceding Article, finds that the amount of Dioxins contained in emission gas or Effluent, at exhaust outlets of the Specified Facility in the case of emission gas, or at drain outlets (meaning the location where Effluent is emitted; the same applies hereinafter) of the workplace subject to Effluent Emission Standards where the Specified Facility is installed in the case of Effluent, relating to the Specified Facility pertaining to the notification, fails to comply with the emission standards set forth in Article 8, paragraph (1) (if emission standards have been set pursuant to the provisions of paragraph (3) of said Article, this includes such emission standards; hereinafter simply referred to as "Emission Standards"), said person may, within sixty days from the day of receipt of the notification, order the person who has made the notification to modify the plan with regard to the structure or the method of use of the Specified Facility, or the method of treatment of the generated gas or polluted water or waste fluid relating to the Specified Facility (including abolition of the plan pertaining to notification under the provisions of paragraph (1) of the preceding Article) or to abolish the plan with regard to the installation of the specified facility pertaining to notification under the provisions of Article 12, paragraph (1).
Article 16 If a prefectural governor, upon receiving notification under the provisions of Article 12, paragraph (1) or Article 14, paragraph (1), finds that the total amount of Dioxins emitted from the exhaust outlets of all Facilities Subject to Gas Emission Standards which are to be installed in the Workplace Subject to Total Emission Control Standards fails to comply with total emission control standards, with regard to a workplace subject to total emission control standards where the facility subject to gas emission standards pertaining to the notification is to be installed (such workplace includes a factory or a workplace which is to newly become a Workplace Subject to Total Emission Control Standards through installation or change of the structure, and details of a Specified Facility; hereinafter the same applies in this Article), said person may, within sixty days from the day of receipt of the notification, order the installing party of the Workplace Subject to Total Emission Control Standards to improve the method of treatment of the generated gas at the Workplace Subject to Total Emission Control Standards, or to take other necessary measures.
(Restrictions on Implementation)
Article 17 (1) A person who has made notification under the provisions of Article 12, paragraph (1) and a person who has made notification under the provisions of Article 14, paragraph (1) must not install a Specified Facility pertaining to the notification nor change the structure, the method of use, or the method of treatment of generated gas, polluted water, or waste fluid of the Specified Facility pertaining to the notification, respectively, until after sixty days have elapsed from the day of receipt of the notification.
(2) If a prefectural governor finds that the contents of the matters pertaining to notification under the provisions of Article 12, paragraph (1) or Article 14, paragraph (1) are reasonable, said governor may shorten the period prescribed in the preceding paragraph.
(Reporting Name, and Other Changes)
Article 18 A person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1) must, when there is any change to the matter set forth in Article 12, paragraph (1), item (i) or (ii) pertaining to the notification, or when said person discontinues the use of the Specified Facility pertaining to the notification, notify the prefectural governor to that effect within thirty days from the day of such change or discontinuance.
(Succession)
Article 19 (1) A person who receives or borrows, from a person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1), the Specified Facility pertaining to the notification is to succeed the status of the person who has made the notification pertaining to the Specified Facility.
(2) If inheritance, a merger, or a split (limited to one involving succession of the Specified Facility pertaining to the notification) takes place with regard to a person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1), the heir, the juridical person surviving the merger or incorporated through the merger, or the juridical person that has succeeded to the Specified Facility through the split is to succeed to the status of the person who has made the notification.
(3) A person who, pursuant to the provisions of the preceding two paragraphs, succeeds to the status of a person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1) must notify the prefectural governor to that effect within thirty days from the day of the succession.
(4) A person who has succeeded to the status of the person who has made notification pursuant to the provisions of paragraph (1) or (2), for all Facilities Subject to Gas Emission Standards to be installed at a specified workplace, is to succeed to the status of the installing party of the specified workplace, with regard to application of the provisions of Article 16 or Article 22, paragraph (3).
(Restrictions on Emissions)
Article 20 (1) A person who emits emission gases or Effluent (hereinafter referred to as "Discharging Party") must not emit emission gases or Effluent where the amount of Dioxins contained in the emission gases or Effluent fails to comply with emission standards, at the exhaust outlets of emission gases in the case of a facility subject to gas emission standards and at the drain outlets of the workplace subject to Effluent Emission Standards where the facility targeted for Effluent Emission Standards is installed in the case of a facility targeted for Effluent Emission Standards.
(2) The provisions of the preceding paragraph do not apply to Emission Gases emitted from the facility or Effluent relating to the facility of a person who, at the time when a facility becomes a Specified Facility, already has said facility installed (including a person who is carrying out the installation work; the same applies in the following paragraph) for one year from the day on which said facility becomes a Specified Facility; provided, however, that this does not apply where the factory or the workplace is already a workplace subject to Effluent Emission Standards at the time when the facility becomes a facility targeted for Effluent Emission Standards, and where there exist provisions of an ordinance of a local public entity applicable to said person which are equivalent to the provisions of the preceding paragraph (excluding cases where no punitive provisions exist against violations of said provisions).
(3) If a person, at the time when a facility targeted for Effluent Emission Standards becomes a facility subject to gas emission standards, already has said facility installed, the provisions of paragraph (1) do not apply to emission gases emitted from said facility, and where a person, at the time when a facility subject to gas emission standards becomes a facility targeted for Effluent Emission Standards, already has said facility installed, the provisions of paragraph (1) do not apply to Effluent relating to said facility, for one year from the day on which said facility becomes a facility subject to gas emission standards and a facility targeted for Effluent Emission Standards, respectively. In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis.
(Restrictions on Emissions Pertaining to Total Emission Control Standards)
Article 21 (1) If the total amount of Dioxins emitted from the exhaust outlets of all Facilities Subject to Gas Emission Standards installed in the Workplace Subject to Total Emission Control Standards fails to comply with the total emission control standards, the person who is emitting the gases into the air from a Workplace Subject to Total Emission Control Standards must stop the emission of said gases.
(2) The provisions of the preceding paragraph do not apply to a person who emits emission gases into the air from a facility subject to gas emission standards installed in a factory or a workplace which newly became a Workplace Subject to Total Emission Control Standards as a result of a revision of the Cabinet Order set forth in Article 2, paragraph (2), a revision of the Ordinance of the Ministry of the Environment set forth in Article 8, paragraph (1), or a revision of the Cabinet Order set forth in Article 10, paragraph (1), for one year from the day on which the factory or the workplace becomes a Workplace Subject to Total Emission Control Standards.
(Order for Improvement, and Particulars.)
Article 22 (1) If a prefectural governor finds that a Discharging Party is likely to continuously emit emission gases or Effluent that fails to comply with the emission standards at exhaust outlets of the facility subject to gas emission standards or at drain outlets of the workplace subject to Effluent Emission Standards which has been installed by said party, said governor specifying a time limit, may, order said party to improve the structure or the method of use of the Specified Facility or the method of treatment of generated gas, polluted water, or waste fluid relating to the Specified Facility, or order the temporary suspension of the use of the Specified Facility.
(2) The provisions of Article 20, paragraphs (2) and (3) apply mutatis mutandis to an order under the provisions of the preceding paragraph.
(3) If a prefectural governor finds that Emission Gases fails to comply with the total emission control standards and is likely to be continuously emitted, said governor while specifying a time limit, may order the installing party of the Workplace Subject to Total Emission Control Standards pertaining to said Emission Gases to improve the method of treatment for the generated gases at the Workplace Subject to Total Emission Control Standards or to take other necessary measures.
(4) The provisions of the preceding paragraph do not apply to a factory or a workplace which has newly become a Workplace Subject to Total Emission Control Standards as a result of a revision of the Cabinet Order set forth in Article 2, paragraph (2), a revision of the Ordinance of the Ministry of the Environment set forth in Article 8, paragraph (1), or a revision of the Cabinet Order set forth in Article 10, paragraph (1), for one year from the day on which the factory or the workplace becomes a Workplace Subject to Total Emission Control Standards.
(Measures in Case of Accidents)
Article 23 (1) When large amounts of Dioxins are emitted into the air or a public water area as a result of failure, damage, or any other accident of a Specified Facility, the person who installed the Specified Facility must immediately take emergency measures and strive for prompt recovery from the accident.
(2) In the case referred to in the preceding paragraph, the person prescribed in said paragraph must immediately inform the prefectural governor of the circumstances of the accident; provided, however, that this does not apply to a case where the person submits information under the provisions of Article 23, paragraph (1) of the Act on the Prevention of Disaster in Petroleum Industrial Complexes and Other Petroleum Facilities (Act No. 84 of 1975).
(3) If the accident has occurred prescribed in paragraph (1), when a prefectural governor finds that human health has been damaged or is likely to be damaged in the area around the specified workplace pertaining to the accident, said governor may order the person prescribed in paragraph (1) pertaining to the accident to take necessary measures to prevent expansion or recurrence of the accident.
(4) When a prefectural governor receives information under the provisions of paragraph (2) or issues an order under the provisions of the preceding paragraph, said governor must promptly report to the Minister of the Environment to that effect.
Section 2 Treatment of Soot and Dust Pertaining to Waste Incinerators and the like.
(Treatment of Soot and Dust Pertaining to Waste Incinerators)
Article 24 (1) In the case of treating (including recycling) soot, dust, incineration ash, and any other cinders emitted from a Specified Facility that is a waste incinerator and collected by a dust collector of the Specified Facility, must be treated so that the amount of Dioxins contained in the soot, dust, incineration ash, and other cinders is within the standards specified by Ordinance of the Ministry of the Environment.
(2) With respect to soot, dust, incineration ash, and any other cinders emitted from a Specified Facility that is a waste incinerator and collected by a dust collector of the Specified Facility, the provisions of the Waste Management and Public Cleansing Act (Act No. 137 of 1970) apply, upon which the phrase "general wastes specified by Cabinet Order as those having explosiveness...human health and living environment" in Article 2, paragraph (3) of said Act is to be replaced with "cinders and any other general wastes specified by Cabinet Order as those having explosiveness...human health and living environment which relate to a waste incinerating facility," the phrase "industrial wastes specified by Cabinet Order as those having explosiveness...human health and living environment" in paragraph (5) of said Article is deemed to be replaced with "cinders and any other industrial wastes specified by Cabinet Order as those having explosiveness...human health and living environment which relate to a waste incinerating facility," the phrase "standards to be" in Article 6-2, paragraph (3) of said Act is replaced with "standards to be, in addition to those specified in Article 24, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999)," and the term "Cabinet Order" in Article 12-2, paragraph (1) of said Act is to be replaced with "Cabinet Order, in addition to those specified in Article 24, paragraph (1) of the Act on Special Measures against Dioxins."
(Maintenance and Management of Final Disposal Sites of Wastes)
Article 25 (1) Final waste disposal sites must be maintained and managed in accordance with the standards specified by Ordinance of the Ministry of the Environment, to prevent Dioxins from polluting the air, public water areas, groundwater, and soil.
(2) With regards to final disposal sites of wastes, the term "Ordinance of the Ministry of the Environment" in Article 8-3, paragraph (1) of the Waste Management and Public Cleansing Act is replaced with "Ordinance of the Ministry of the Environment (including the Ordinance of the Ministry of the Environment set forth in Article 25, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999); the same applies in Article 15-2-3, paragraph (1))," and the term "with the technical standards specified by the Ordinance of the Ministry of the Environment" in Article 9-5 is replaced by,, "with the technical standards specified by the Ordinance of the Ministry of the Environment (including the Ordinance of the Ministry of the Environment set forth in Article 25, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999)"
Chapter IV Surveys of the Status of Pollution Caused by Dioxins
(Constant Monitoring)
Article 26 (1) A prefectural governor must constantly monitor the status of pollution of the air, water (including bottom sediment; the same applies hereinafter), and soil, caused by Dioxins, in the area of the prefecture.
(2) A prefectural governor must report the results of the regular monitoring set forth in the preceding paragraph to the Minister of the Environment.
(Investigation and Measurements by the Prefectural Governor, and Others)
Article 27 (1) A prefectural governor is to, in consultation with the heads of local administrative organs of the State and the heads of local public entities, carry out investigations and measurements of the status of pollution of air, water, and soil, caused by Dioxins, in the area of the prefecture.
(2) The State and local public entities are to carry out investigations and measurements based on the results of the consultation set forth in the preceding paragraph, and send the results of the investigation and measurements to the prefectural governor.
(3) The prefectural governor is to publicize the results of the investigations and measurements set forth in paragraph (1) and the results of investigation and measurements which are received pursuant to the provisions of the preceding paragraph.
(4) When it is necessary for carrying out investigations and measurements of the status of contaminated soil, caused by Dioxins, the head of an administrative organ of the State or a prefectural governor may, to the extent necessary, have said governors official enter the land and carry out investigations and measurements of the soil or any other object, collect the minimum amount of soil or any other object required in carrying out the investigations and measurements, without charge.
(5) An official making an entry pursuant to the provisions of the preceding paragraph must carry an identification card and present it to persons concerned.
(Measurement by an Installing Party)
Article 28 (1) An installing party of a facility subject to gas emission standards or a workplace subject to Effluent Emission Standards must, pursuant to the provisions of Cabinet Order, measure the status of pollution caused by Dioxins, as frequently as specified by Cabinet Order for no less than once a year, with regards to Emission Gases emitted from the facility subject to gas emission standards in the case of a facility subject to gas emission standards, and to Effluents emitted from the workplace subject to Effluent Emission Standards in the case of a workplace subject to Effluent Emission Standards.
(2) In carrying out the measurements set forth in the preceding paragraph pertaining to a Specified Facility which is a waste incinerator, the status of pollution caused by Dioxins must also be measured, pursuant to the provisions of Cabinet Order, with regard to soot, dust, incineration ash, and any other cinders emitted from the facility and collected by a dust collector.
(3) When an installing party of a facility subject to gas emission standards or a workplace subject to Effluent Emission Standards carries out measurement pursuant to the provisions of the preceding two paragraphs, the party must report the results to the prefectural governor.
(4) When a prefectural governor receives a report under the provisions of the preceding paragraph, said governor is to publicize the results of measurement set forth in paragraphs (1) and (2) that have been reported.
Chapter V Measures Pertaining to Soil Contaminated by Dioxins
(Designation of Controlled Zones)
Article 29 (1) A prefectural governor may designate, a zone subject to control of contaminated soil caused by Dioxins (hereinafter referred to as a "Controlled Zone"), an area within the prefecture that satisfies the requirement specified by Cabinet Order where the conditions of the soil contamination caused by Dioxins fails to comply with the standards set forth in Article 7 which pertain to contaminated soil and where removal, and other measures concerning the contaminated soil within the zone, caused by Dioxins, is necessary.
(2) When the Minister of the Environment intends to plan an enactment, revision, or abolition of the Cabinet Order set forth in the preceding paragraph, said governor must listen to the opinions of the Central Environment Council.
(3) When a prefectural governor intends to designate a Controlled Zone, said governor must listen to the opinions of the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act and the mayors of the relevant municipalities.
(4) When a prefectural governor designates a Controlled Zone, said governor must, without delay, publicize the information while reporting it to the Minister of the Environment, and notify the mayors of the relevant municipalities, pursuant to the provisions of Ordinance of the Ministry of the Environment.
(5) The mayor of a municipality may request the prefectural governor to designate a certain zone within the area of the municipality which satisfies the requirement specified by Cabinet Order as set forth in paragraph (1) to be a Controlled Zone,.
(Modifications to Areas of a Controlled Zone)
Article 30 (1) The prefectural governor may modify the area of the Controlled Zone which said governor has designated or cancel the designation when a reasonable clause arises due to any change in the requirement for the designation of a Controlled Zone, the prefectural governor may modify the area of the Controlled Zone which said governor has designated, or cancel the designation.
(2) The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to modification of the area of a Controlled Zone or cancellation of the designation of a Controlled Zone under the provisions of the preceding paragraph.
(Plan for Control of Contaminated Soil Caused by Dioxins)
Article 31 (1) When a prefectural governor designates a Controlled Zone, said governor must establish a plan for control of contaminated soil caused by Dioxins (hereinafter referred to as a "Control Plan") without delay.
(2) A Control Plan is to specify any necessary particulars from among the following:
(i) necessary particulars concerning any of the following, according to the status of use of land within the area of the Controlled Zone and pursuant to the provisions of Cabinet Order:
(a) particulars concerning the implementation of projects relating to the removal of contaminated soil caused by Dioxins; and
(b) particulars concerning the implementation of projects necessary to prevent damage from being caused to human health from the use of land where the soil is contaminated by Dioxins, and other necessary measures; and
(ii) particulars concerning the implementation of projects for preventing contamination of soil caused by Dioxins.
(3) When a prefectural governor intends to establish a Control Plan, said governor must listen to the opinions of the mayors of relevant municipalities, and hold a public hearing to listen to the opinions of residents in the Controlled Zone.
(4) When a prefectural governor intends to establish a Control Plan, said governor must consult with the Minister of the Environment and obtain consent thereof.
(5) When the Minister of the Environment intends to give the consent set forth in the preceding paragraph, said minister must consult with the heads of relevant administrative organs.
(6) When a prefectural governor has established a Control Plan, said governor must give public notice of the outline thereof and notify the mayors of relevant municipalities without delay.
(7) With regard to a project under a Control Plan, the provisions of the Act on Entrepreneurs' Bearing of the Cost of Public Pollution Control Works (Act No. 133 of 1970) is to apply when a clear causal relationship is made between the emission of Dioxins by businesses and contaminated soil caused by Dioxins based on scientific knowledge.
(Modification of a Control Plan)
Article 32 (1) When a need arises due to changes in the area of a Controlled Zone or due to changes in the level of contamination, and factors caused by Dioxins, in the soil of land within the area of the Controlled Zone, a prefectural governor may modify a Control Plan.
(2) The provisions of paragraphs (3) through (6) of the preceding Article apply mutatis mutandis to modification (excluding a minor modification as specified by Ordinance of the Ministry of the Environment) of a Control Plan under the provisions of the preceding paragraph.
Chapter VI National Plan for the Reduction of Dioxin Emissions
Article 33 (1) The Minister of the Environment is to create a plan for reducing the amount of Dioxins emitted in line with business activities in Japan.
(2) The plan set forth in the preceding paragraph is to specify the following matters:
(i) the target volume of reduction concerning the estimated amount of dioxin emissions for each business sector in Japan;
(ii) particulars concerning measures to be taken by business operators in order to achieve the target volume of reduction set forth in the preceding item;
(iii) particulars concerning measures to be taken by the State and local public entities in order to promote the recycling and reuse of resources, and to reduce the amount of waste which cause generation of Dioxins; and
(iv) other necessary particulars concerning reduction of Dioxins emitted in line with business activities in Japan.
(3) When the Minister of the Environment intends to establish the plan set forth in paragraph (1), said plan must undergo deliberation by the Conference on Environmental Pollution Control.
(4) When the Minister of the Environment has established the plan set forth in paragraph (1), said minister must publicize it without delay.
(5) The provisions of the preceding two paragraphs are to apply mutatis mutandis to modification of the plan set forth in paragraph (1).
Chapter VII Miscellaneous Provisions
(Reporting and Inspection)
Article 34 (1) The Minister of the Environment or a prefectural governor may, to the extent necessary by enforcing this Act, request a person who has installed a Specified Facility to report on the conditions of the facility or other necessary particulars, or have an official enter a specified workplace to inspect a Specified Facility or any other object, pursuant to the provisions of Cabinet Order.
(2) Collection of a report by the Minister of the Environment or an on-site inspection by said minister's official under the provisions of the preceding paragraph is to be carried out when an urgent need is found for preventing damage to human health resulting from air, water, or contaminated soil caused by Dioxins.
(3) An official carrying out an on-site inspection pursuant to the provisions of paragraph (1) must carry an identification card and present it to persons concerned.
(4) The authority to carry out an on-site inspection under the provisions of paragraph (1) must not be interpreted as having been vested for the purpose of criminal investigation.
(Exclusion from Application)
Article 35 (1) With regard to the persons listed in the left column of the following table, the provisions specified respectively in the right column of said table do not apply to the facilities or workplaces listed respectively in the middle column of said table, but they are governed by the corresponding provisions of the Mine Safety Act (Act No. 70 of 1949), the Electricity Business Act (Act No. 170 of 1964), the Gas Business Act (Act No. 51 of 1954), and the Act on Prevention of Marine Pollution and Maritime Disaster (Act No. 136 of 1970):
|(i) A person who discharges emission gases from a Specified Facility specified by Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 13, paragraph (1) of the Mine Safety Act, installed in the mine prescribed in the main clause of Article 2, paragraph (2) of said Act (hereinafter referred to as a "Mine Facility"), or who discharges effluent from the mine prescribed in the main clause of Article 2, paragraph (2) of said Act where a Specified Facility has a mine facility is installed|In the case of a facility subject to gas emission standards, the Specified Facility is concerned; a facility subject to effluent emission standards, the mine is concerned|Articles 12 through 19 and Article 23|
|(ii) A person who discharges emission gases from a Specified Facility which is an electric facility prescribed in Article 2, paragraph (1), item (xvi) of the Electricity Business Act (hereinafter referred to as an "Electric Facility"), or who discharges effluent from a factory or a workplace where a Specified Facility which is an Electric Facility is installed|The concerned Specified Facility|Articles 12 through 19 and Article 23, paragraphs (2) through (4)|
|(iii) A person who discharges emission gases from a Specified Facility which is the gas facility prescribed in Article 2, paragraph (13) of the Gas Business Act|The concerned Specified Facility|Articles 12 through 19 and Article 23, paragraphs (2) through (4)|
|(iv) A person who discharges effluent from a factory or a workplace where a Specified Facility is the a waste oil disposal facility prescribed in Article 3, item (xiv) of the Act on Prevention of Marine Pollution and Maritime Disaster (hereinafter referred to as a "Waste Oil Disposal Facility") is installed|The concerned Specified Facility|Articles 12 through 19 and Article 23|
|(v) A person who discharges effluent from a factory or a workplace where a the Specified Facility is a marine facility, or related facility, prescribed in Article 3, item (iii) of the Act on Prevention of Marine Pollution and Maritime Disaster (excluding a Waste Oil Disposal Facility) are installed|The concerned Specified Facility|Article 23|
(2) When the head of an administrative organ of the State who has authority under any of the Acts prescribed in the preceding paragraph (hereinafter simply referred to as the "Head of an Administrative Organ" in this Article) receives an application for permission or approval or receives notification pertaining to any of the specified facilities prescribed in the preceding paragraph, under the provisions of the Mine Safety Act, the Electricity Business Act, or the Gas Business Act which correspond to the provisions of Article 12, 14, or 18, or Article 19, paragraph (3), said person is to notify the prefectural governor having jurisdiction over the location of the factory or the workplace where the special facility is installed of the matters pertaining to the application for permission or approval or the notification which correspond to the matters to be notified under said provisions.
(3) When a prefectural governor finds that Dioxins contained in the emission gas or Effluent pertaining to any of the special facilities prescribed in paragraph (1) are likely to cause damage to human health, said governor may request the head of an administrative organ to take measures under the provisions of the Mine Safety Act, the Electricity Business Act, the Gas Business Act, or the Act on Prevention of Marine Pollution and Maritime Disaster which correspond to the provisions of Article 15 or 16.
(4) When the head of an administrative organ takes a measure in response to a request under the provisions of the preceding paragraph, said organ is to notify the prefectural governor concerned of the measure taken.
(5) When a prefectural governor intends to issue an order under the provisions of Article 22, paragraph (1) or (3) to any of the persons listed in the left column in items (i) through (iv) of the table set forth in paragraph (1), said governor must consult with the head of an administrative organ in advance.
(Request for Submission of Documents, and the like)
Article 36 (1) When the Minister of the Environment finds it necessary for achieving the purpose of this Act, said minister may seek submission of materials or explanations that are necessary from the heads of relevant local public entities.
(2) When a prefectural governor finds it necessary for achieving the purpose of this Act, said governor may seek transmission of materials concerning the conditions, and status of a Specified Facility or seek other cooperation from the heads of relevant administrative organs or from the heads of relevant local public entities, or state said governors opinions concerning the prevention or removal, and divisions of environmental pollution caused by Dioxins to them.
(Instruction from the Minister of the Environment)
Article 37 When the Minister of the Environment finds it necessary to take urgent measures for preventing damage to human health from pollutants in air, water, or soil caused by Dioxins, said minister may give necessary instructions concerning any of the following administrative tasks to a prefectural governor or to the mayor of the city specified by Cabinet Order set forth in Article 41, paragraph (1) (including a special ward):
(i) administrative tasks concerning an order under the provisions of Article 15, Article 16, Article 22, paragraph (1) or (3), or Article 23, paragraph (3);
(ii) administrative tasks concerning instructions under the provisions of Article 29, paragraph (1) or modification or cancellation under the provisions of Article 30, paragraph (1);
(iii) administrative tasks concerning a request under the provisions of Article 35, paragraph (3); and
(iv) administrative tasks concerning in seeking cooperation or stating opinions under the provisions of paragraph (2) of the preceding Article.
(Assistance from the State)
Article 38 The State is to strive to provide necessary financial arrangements, technical advice, and any other assistance with regards to installation or improvement of facilities in preventing, removing, and other methods in countering environmental pollution caused by Dioxins resulting from business activities in a factory or a workplace.
(Promotion of Research)
Article 39 The State must strive to promote research on technology for the treatment of Dioxins, research on the effects of Dioxins on human health, and other research concerning the prevention and removal, and the like of environmental pollution caused by Dioxins, and to analyze the results of such research.
(Transitional Measures)
Article 40 In the case of enacting, revising, or abolishing an order based on the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be established by such order, to the extent that is judged to be reasonably necessary in line with such enactment, revision, or abolition.
(Delegation of Authority)
Article 40-2 The authority of the Minister of the Environment prescribed in this Act may be delegated to the head of the Regional Environmental Office, pursuant to the provisions of Ordinance of the Ministry of the Environment.
(Processing of Administrative Tasks by the Mayor of a City Specified by Cabinet Order)
Article 41 (1) A part of the administrative tasks that fall under the authority of a prefectural governor pursuant to the provisions of this Act may be carried out by the mayor of a city specified by Cabinet Order (including a special ward; the same applies in the following paragraph), pursuant to the provisions of Cabinet Order.
(2) The mayor of a city specified by Cabinet Order set forth in the preceding paragraph must notify the prefectural governor of the matters necessary for the enforcement of this Act which are specified by Ordinance of the Ministry of the Environment.
(Classification of Administrative Tasks)
Article 42 Among the administrative tasks to be processed by a prefecture pursuant to the provisions of this Act, those to be processed pursuant to the provisions of Article 10, paragraph (1) (excluding those pertaining to preparation of a total emission reduction plan) and those to be processed pursuant to the provisions of paragraphs (2) and (3) of said Article and Article 26, is to be categorized as the item (i) statutory entrusted function prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
(Relationship with Prefectural and Municipal Ordinances)
Article 43 The provisions of this Act must not preclude a local public entity from establishing necessary regulations by an ordinance, with regard to matters pertaining to the emission of Dioxins contained in exhaust emitted into the air by a facility other than a facility subject to gas emission standards, or contained in water emitted from a factory or a workplace other than a workplace subject to Effluent Emission Standards.
Chapter VIII Penal Provisions
Article 44 A person who violates an order under the provisions of Article 15, Article 16, or Article 22, paragraph (1) or (3) is to be punished by imprisonment with work for not more than one year or a fine of not more than 1,000,000 yen.
Article 45 (1) A person who falls under any of the following items is to be punished by imprisonment with work for not more than six months or a fine of not more than 500,000 yen:
(i) a person who violates the provisions of Article 20, paragraph (1) or Article 21, paragraph (1); or
(ii) a person who violates an order under the provisions of Article 23, paragraph (3).
(2) A person who, by negligence, has committed the offense set forth in item (i) of the preceding paragraph is to be punished by imprisonment without work for not more than three months or a fine of not more than 300,000 yen.
(3) With regard to the violation set forth in paragraph (1), item (i) and the preceding paragraph, the person who has committed the violation is to be punished only when a prefectural governor has an official carry out an on-site inspection under the provisions of Article 34, paragraph (1) with regard to the facility pertaining to the violation, within three months from the day on which the violation was committed, and where the results of the measurement carried out by the method specified by Ordinance of the Ministry of the Environment in the on-site inspection fail to comply with the emission standards or the total emission control standards.
Article 46 A person who fails to make notification under the provisions of Article 12, paragraph (1) or Article 14, paragraph (1) or who makes a false notification is to be punished by imprisonment with work for not more than three months or a fine of not more than 300,000 yen.
Article 47 A person who falls under any of the following items is to be punished by a fine of not more than 200,000 yen:
(i) a person who fails to make notification under the provisions of Article 13, paragraph (1) or who makes a false notification;
(ii) a person who violates the provisions of Article 17, paragraph (1); or
(iii) a person who fails to make a report under the provisions of Article 34, paragraph (1) or who makes a false report, or who refuses, obstructs or evades an inspection under the provisions of said paragraph.
Article 48 When the representative of a juridical person, an agent, an employee, any other worker of a juridical person, or an individual commits the violations set forth in the preceding four Articles with regard to the business of said juridical person or said individual, not only the offender is to be punished, but also said juridical person or said individual is to be punished by the fines set forth in the respective Articles.
Article 49 A person who fails to make notification under the provisions of Article 13, paragraph (2), Article 18, or Article 19, paragraph (3) or who makes a false notification is to be punished by a non-penal fine of not more than 100,000 yen.
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act comes into effect on the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions listed in the following items comes into effect on the dates specified respectively in those items:
(i) the provisions of Article 26, paragraph (2), Article 34, paragraph (2), Article 37, and Article 42 of the Act and Article 5 of the Supplementary Provisions: April 1, 2000; and
(ii) the provisions of Article 10 of the Supplementary Provisions adding one item to Article 3, paragraph (1) of the Act on Improvement of Pollution Prevention Systems in Specified Factories (Act No. 107 of 1971) and those adding one item to Article 4, paragraph (1) of said Act: the day on which two years have elapsed from the date of promulgation.
(Review)
Article 2 (1) The government is to promote research and study of brominated Dioxins with regard to the extent of their effects on human health, the process of generation, and the like, and is to take necessary measures based on the results thereof.
(2) The ideal form of regulations pertaining to Dioxins is to be reviewed based on the level of scientific knowledge achieved at that point of time (simply referred to as "scientific knowledge" in the following paragraph), and necessary measures such as a revision is to be taken based on the results thereof.
(3) In consideration of the status of health damage caused by Dioxins and the status of accumulation of Dioxins in food, countermeasures are to be reviewed based on scientific knowledge, and necessary measures are to be taken based on the results thereof.
Article 3 In light of the characteristics involved in the generation process of Dioxins, the government is to review the ideal form of regulations concerning the structure, maintenance, and management of small-scale waste incinerators and regulations concerning incineration of wastes by means other than a waste incineration facility, and is to take necessary measures based on the results thereof.
(Transitional Measures)
Article 4 (1) Until March 31, 2000, the phrase "the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act (Act No. 91 of 1993)" in Article 11, paragraph (2) and the phrase "the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act" in Article 29, paragraph (3) are replaced with "the prefectural environmental council," the phrase "said person is to consult with the Director-General of the Environment Agency and obtain the consent thereof in advance" in Article 11, paragraph (3) is to be deemed to be replaced with "said person must report the matters listed in the items of paragraph (1) to the Director-General of the Environment Agency, pursuant to the provisions of Ordinance of the Prime Minister's Office. In this case, the Director-General of the Environment Agency may, upon receiving the report, give necessary advice or recommendation concerning preparation of the plan," the phrase "said person is to consult with the Minister of the Environment and obtain consent thereof" in Article 31, paragraph (4) is to be replaced with "said person must obtain the consent of the Prime Minister," the phrase "The Director-General of the Environment Agency or a prefectural governor" in Article 34, paragraph (1) is to be replaced with "A prefectural governor," and the phrase "a city specified by Cabinet Order (including a special ward; the same applies in the following paragraph)" in Article 41, paragraph (1) is to be replaced with "a city specified by Cabinet Order," and the phrase "may be carried out by" in said paragraph is to be replaced with "may be entrusted to."
(2) If a report under the provisions of Article 11, paragraph (3) (including the cases where applied mutatis mutandis pursuant to paragraph (6) of said Article) as applied by replacing terms pursuant to the provisions of the preceding paragraph have been made by March 31, 2000, the total emission reduction plan set forth in Article 10, paragraph (1) pertaining to said report is, from April 1 onwards of said year, deemed to be the total emission reduction plan set forth in Article 10, paragraph (1) for which consent under the provisions of Article 11, paragraph (3) (including the cases where applied mutatis mutandis pursuant to paragraph (6) of said Article) has been obtained.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]
(Effective Date)
Article 1 This Act (excluding Articles 2 and 3) comes into effect as of January 6, 2001.
Supplementary Provisions [Act No. 91 of May 31, 2000]
(Effective Date)
(1) This Act comes into effect as of the day of enforcement of the Act for Partial Revision of the Commercial Code, (Act No. 90 of 2000).
(Transitional Measures)
(2) If the day of enforcement of this Act comes before the day of enforcement of the provisions of Article 8 of the Supplementary Provisions of the Act on the Center for Food Quality, Labeling and Consumer Services (Act No. 183 of 1999), the term "Article 27" in the provisions of Article 31 revising Article 19-5-2, Article 19-6, paragraph (1), item (iv), and Article 27 of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products is to be deemed to be replaced with "Article 26."