Magus Consulting and International Lefal Office
PSE

PSE Implementation Chart

From"Electrical Appliances and Materials Safety Act Statutory Operations ImplementationGuide ~For Manufacturers/Importers ~ 3rd version" January 1, 2017 Product SafetyDivision inistry of Economy, Trade and Industry (METI) of JAPAN.






Electrical Appliances and Materials Safety Act

ActNo. 234 of November 16, 1961

Chapter I General Provisions


(Purpose)

Article 1 The purpose of this Act is to regulate the manufacture, sale,etc. of Electrical Appliances and Materials and to foster voluntary activities by private businessesto ensure the safety ofElectrical Appliances and Materials, so as to prevent hazards and damages resultingtherefrom.

Note: In order to private voluntaryactivities, permission of the government is notrequired. However, there is apenalty in the case of violation.


(Definitions)

Article 2 (1) The term "Electrical Appliances and Materials" as used in this Act shall mean the following:

NOTE: If you don't classify your product, EIL can tell the type of the classifications at JP5,000yen.

(i) Parts of electrical facilities for general use (meaning electrical facilities for general use as prescribed in Article 38, paragraph (1) of the Electricity Business Act (Act No. 170 of 1964)) and machines, appliances, and materials used in connection therewith, as specified by Cabinet Order (for detail products)

NOTE: AC/DC adaptor is included in this category.

(ii) Portable power generators as specified by CabinetOrder; and

(iii) Secondary batteries as stipulated by Cabinet Order.

NOTE:  Lithium-ion battery and Mobile battery   (for the detail of lithium-ionbattery and mobile battery)


(2) The term "Specified Electrical Appliances and Materials" as used in this Act shall mean Electrical Appliances and Materialsas specified by a Cabinet Order which are particularly likely to cause hazards or damages becauseof their structures, methods of use, or other conditionsof use. (for detail of the Specified Electrical Appliances )


Chapter II Notification of Business, etc.

(Notificationof Business)

Article 3 All persons engaged in manufacturing or importing Electrical Appliances and Materials shall, within30 days from the commencement of such business, notifythe Minister of Economy, Trade and Industry of Japan (here after called "METI") of the following itemsin accordance with the Electrical Appliance and Material classification specified by Ordinanceof METI.

Note: Importers have to notify METI what they start the business, and no need notify themodel number of the import goods.

But the importers have to manage all kind of information by themselves because thisbusiness is a type of self-management.

(i) Name, address, and representative name if the applicant is corporation

(ii) Classification by product type of the relevant Electrical Appliances and Materials as specified by Ordinance of METI;

(iii) Name and address of the manufacturer, and also name and address of the factory.

Note: Notify to METI is only importer's company name, address, CEO's name, and alsothe classification of the product,manufacturer name and its address. Therefore no needto notify the detail product name or model number.


(Notification of Change)

Article 5 In the case of any change in the matters set forth in the items of Article 3, the Notifying Supplier shall notify the Minister of Economy, Trade and Industryof such change without delay; provided, however, that this shall not apply to a change in minor details as specified by METI.

Note: When the change is happened on importer's company name, address, theclassification of the product, manufacturer name or its address, the impoter have tonotify it to METI.

When you chage the circuit or modify the product or add a new model, you should test itaccording to the CB test scheme again. But if it is the same category of the previousproduct chart, you don't need notify it to METI.

Again, manufacturer have to test and get the certifications from the RegisteredConformity Assessment Bodies for the "Specified Electrical Appliances and Materials"-diamond PSE products- when the product is changed even in the same category. And theoriginal copy (duplications) of the certification should be provided to the importer as soonas the manufacturer got the certifications.

For the "Non- Specified Electrical Appliances and Materials"- circle PSE products-,it is notneeded the test by the Registered Conformity Assessment Bodies, and no need to get theofficial certifications, but the manufacturer have to test and confirm it by your self or 3rdparty such as the testing body in order that the product is meet with Japanese safetystandard.

If you test the "Non- Specified Electrical Appliances and Materials"- circle PSE products- by yourself, Magus Consulting can provide test item list at JP50,000yen. Please ask us for it.

(Notification of PermanentCessation of Business)

Article 6 When a Notifying Supplier permanently ceases doing business to which the notification pertains, it shall notify the METI of such cessation without delay.

Chapter III Conformity Assessment of Electrical Appliances and Materials, etc

(Obligation of Standards Compliance, etc.)

(1)Confirmation of applicable Technical Requirements

Article 8 (1) A Notifying Supplier, when manufacturing or importing Electrical Appliances and Materials of a product type pertaining to a notification given pursuant to the provisions of Article 3(hereinafter referred to as the "Product Type Specified in the Notification") shall comply with the technical standards specified by Ordinance of METI(hereinafter referred to as the "Technical Standards");

Note: Importers shall check the product which is meet with the Technical Standards usingsampling investigations by importers themselves.

If you cannot check it by yourself, you can ask it to 3rd vendor such as testing body orus. At that time, you have to check what it is done based on Japanese technical standardor IEC standard with Japan country differences.

For example, if you take a test with testign body, you have to get the CB test report asfollows:

At this time, you have to check it is include Japan standard as follows;

(2) SELF-TEST (OUTGOING TEST)

2 届出事業者は、経済産業省令で定めるところにより、その製造又は輸入に係る前項の電気用品について検査を行い、その検査記録を作成し、これを保存しなければならない。

(2) A Notifying Supplier shall conduct an assessment of the Electrical Appliances and Materials set forth in the preceding paragraph which are manufactured or imported by the Notifying Supplier pursuant to Ordinance of METI and shall prepare and keep a record of the test results.

Note: Importer must be stored the data tested according to the standards of all theimported products for 3 years from import. This data should not be the samplingquantity, but all the shippeing products are tested one by one. The items this test isspecified at the following regulations.

*1:Inspection must be conducted by the test methods specified in Technical Standards. The test method to conform the Technical Standards includes those equivalents to or more advanced than those methods in Appendix 3 stipulatedin the Ordinance for Enforcement before the implementation at July 1st, 2013.

4.2.2 Inspection Records Notifying suppliers (manufacturers and importers) are required to include the following six items in inspection records by Article 8, paragraph (2) of the Act (Paragraph 11 (2) of the Ordinance for Enforcement).

(i)   Product name and classification by Katashiki (product type) of Electrical Appliances and Materials and outline of the structure, material, and performance

(ii)   Date and place of inspection

(iii) Name of the person who conducted inspection

(iv)   Quantity of Electrical Appliances and Materials inspected

(v) Inspection method

(vi) Inspection results

(1) Inspection record items and format items to be included in inspection records, such as the classification by Katashiki (product type), an outline of the structure, material, and performance, the inspection method, and criteria for judging inspection results, may be provided in a separate sheet. In that case it is important that the form of inspection records can be compared against related materials that provide certificates of items required by the Act, and inspection results must be managed in such a way that the criteria for judging them can be explained separately. For the format of inspection records, it does not specify in the Act and it depends on the notifying supplier, so the notifying supplier allows using the free format of the inspection record if it includes the necessary items stipulated by Act. However, regarding a record just states "Conforms to the Act" or a record just states that inspection has been passed in appearance, dielectric strength test, and energization test, and the record does not show a relationship with product specifications, inspection specifications (test methods), criteria for judgment results,etc., those records do not satisfy the legal requirements.

(2) Preserve inspection records Notifying suppliers have legal responsibility to store inspection records in such a way that they can be presented or described where needed by Article 8, paragraph (2) of the Act.

The period of the preserve inspection records is three years from the date of inspection for both Specified Electrical Appliances and Materials and Non-Specified Electrical Appliancesand Materials (Paragraph 11 (3) of the Ordinance for Enforcement). And, inspection must be conducted on a product-by-product basis, and records of inspection of lots do not satisfy legal requirements. Data for the number of units mass-produced on that day is required. Preservation of the inspection records are able to preserve by a computer, but it is necessary to present such inspection records as like the inspection records of the paper during on-site inspection, etc. based on Article 46 of the Act. (Paragraph 12 of theOrdinance for Enforcement). Points to note when managing inspection records on Computer are shown in Table 11, "Points to Note When Managing Inspection Records on Computer." The amount of data for inspection records is proportional to the amount of production. Transcribing inspection records for a day to the daily report followed by compiling them into a monthly report is one possible method for keeping inspection records. In that case, that system must always be maintained.

Note: Shows an example of actual check sheetas follows.

 

検査記録簿 Outgoing Inspection Results   (Example)

Model name: SP-60   (Type of PSE:as listed B )

Inspection date:  May 5, 2019

Inspection Place: 123 xxx, China. ShenZhen factory, ABC Electronics Co., Ltd.

Inspected Q'ty: 120pcs

Manufactured Q'ty: 120 pcs

Test Method:

■ ①Visual Inspection:No scratches, cracks, or burrs

Displayedcorrectly on the rating plate.

Referred the correctdisplay of sample rated nameplate see work instructions.(Importer's company name is under the PSEmark).

■ ②nsulation Resistance

Ensured the ElectricalAppliance by applying the necessary voltage to, with no insulation failure.

Withstand the appliedvoltage:  1,000Vac@ 1minfor 100V, 1,500Vac@1min for 240V

Voltage applied place:  入力Inputxxxx(such as outer)

test equipment:  XXXXX

■ ③Energization test

By applying a rated input voltage (such as 100V) to the product, and ensure itworks without problems.

test equipment:Normally use Equipment with this product(such as Ab-21  )

Equipment that can output a maximum rating and 100V( xxxxx).

Structure, material, summary ofperformance is defined to the specification (xxxx specification number).


Conformity Inspection ofSpecified Electrical Appliances and Materials)

Article 9 (1) When the Electrical Appliances and Materials that areset forth in paragraph (1) of the preceding Article and manufactured or importedby a Notifying Supplier (excluding Electrical Appliances and Materials manufactured or importedthrough application of the proviso to said paragraph)are Specified Electrical Appliances and Materials, the NotifyingSupplier shall, before their sale, have them inspected with respect to the following items(hereinafter referred to as a "Conformity Inspection") by an organization registered with the Ministerof Economy, Trade and Industry pursuantto the provisions of the following paragraph, and shall obtain and retain the certificate setforth in said paragraph; provided, however, that this shallnot apply in the case where the certificate setforth in said paragraph pertaining to item (ii) has alreadybeen obtained and retained for a Specified Electrical Appliance and Material of the same product type as said SpecifiedElectrical Appliance and Material and the period specifiedby Cabinet Order for each Specified Electrical Appliance and Material, calculatedfrom the day on which said certificate was obtained,has not yet lapsed, or in the case wheredocumentation specified by Ordinance of the Ministry of Economy,Trade and Industry as the equivalent of the certificate setforth in said paragraph is retained:

(i) Said Specified Electrical Appliances and Materials; and

(ii) The Specified Electrical Appliances and Materials used for testing and the assessment facilitiesfor said Specified Electrical Appliances and Materialswhich are in the Notifying Supplier's plant or workplace, and other mattersas specified by Ordinance of the Ministry of Economy, Trade and Industry.

(2) The registered bodies set forth in the precedingparagraph shall conduct a Conformity Assessment of the matterslisted in the items of said paragraph using a method specifiedby Ordinance of the Ministry of Economy, Trade and Industry, and whenthese matters are found to comply with the TechnicalStandards and other standards specified by Ordinance of theMinistry of Economy, Trade and Industry relating to the assessment facilitiesset forth in item (ii) of said paragraph and other mattersspecified by an Ordinance of the Ministry of Economy, Trade and Industry,it may issue to the Notifying Supplier a certificate to that effectpursuant to Ordinance of the Ministry of Economy, Trade and Industry.

Note: Importer have to get and keep theoriginal copy of the certification frommanufacturer.

5.3.Issuance of a copy (official copy) of the Equivalent of the Certificate ofConformity andthe Certificate of Conformity.

As described in Section 5.1(3), "Specialprovisions for conformity assessment" (page 57), the equivalent of thecertificate is stipulated in Article 9 of the Act. By preserving an unexpiredequivalent of the certificate, the conformity assessment in Article 9 of theAct can be omitted.

(1) In case ofimported the Specified Electrical Appliances manufactured by theforeignmanufacture

Specifically, it is stipulated in Article 13,Paragraph (1) of the Ordinance for Enforcement, a flowchart of procedure is asfollow.

(i) A foreign manufacturer of SpecifiedElectrical Appliances and Materials applies to a registered conformityassessment body for assessment equivalent of conformity assessment.

(ii) When assessment is passed, theequivalent of the certificate of conformity is issued by the registeredconformity assessment body.

(iii) An importer importing SpecifiedElectrical Appliances and Materials covered by the equivalent of thecertificate of conformity asks the foreign manufacture to issue a copy (officialcopy) of the equivalent of the certificate of conformity.

(iv) The foreign manufacturer applies to theregistered conformity assessment body for issuance of a copy (official copy) ofthe equivalent of the certificate of conformity.

(v) The registered conformity assessment bodyissues a copy (official copy) of the equivalent of the certificate ofconformity.

(vi) The foreign manufacturer provides a copy(official copy) of the equivalent of the certificate of conformity issued bythe registered conformity assessment body to the importer.

(vii) By preserving an unexpired copy(official copy) of the equivalent of the certificate of conformity, theimporter can omit conformity assessment in Article 9.

The importer is not exempted from any otherobligations than conformity assessment in Article 9 of the Act with thisprocedure and this procedure does not exempt them from the obligation toconform to Technical Requirements in Article 8, paragraph (1) of the Act or theobligations to conduct inspection and preserve records of such inspection inparagraph (2) of the same Article.

Note: The valid term is 5 years. Importer have to get new certification beforeinvalidunless the product imported cannot be sold.

(Labeling)

Article 10 (1) When a Notifying Supplier has performedits obligations pursuant to the provisions of Article 8, paragraph (2)(in the case of Specified Electrical Appliances and Materials, Article 8, paragraph (2) and Article 9, paragraph (1))concerning compliance with the Technical Standards forElectrical Appliances and Materials of the product type pertainingto the notification, it may affix labeling to said ElectricalAppliances and Materials in the form specified by Ordinanceof the Ministry of Economy, Trade and Industry.

(2) Except where a Notifying Supplier affixes labeling to the ElectricalAppliances and Materials of the product type pertainingto the notification pursuant to the provisions of thepreceding paragraph, no person shall affix labeling as setforth in said paragraph or any other labeling similar theretoto the Electrical Appliances and Materials.

Note: The name of the notifying supplier onnumber 3 should be the company name ofimporter.

If thename of importer is not showed in this area, importer cannot sell the product. Punishand recall all the products if the importer sold the products in breach of thisMarkregulation.

(Order for Improvement)

Article 11 When the Minister of Economy, Trade and Industryfinds that a Notifying Supplier has violated the provisionsof Article 8, paragraph (1), he/she may order the NotifyingSupplier to take the necessary measures to improve the method ofmanufacturing, importing, or assessing Electrical Appliances and Materials or otherworking methods.

(Prohibition on Labeling)

Article 12 In the cases listed in the following items, the Ministerof Economy, Trade and Industry may prohibit, pursuantto the provisions of Article 10, paragraph (1), aNotifying Supplier from affixing labeling to the ElectricalAppliances and Materials of the product type pertainingto a notification prescribed in those items for a specified period notexceeding one year:

(i) Where the Electrical Appliances and Materials of the product type pertainingto the notification that were manufactured or importedby the Notifying Supplier (excluding those manufactured or importedthrough the application of the proviso to Article 8, paragraph (1))do not comply with the Technical Standards, and whendeemed particularly necessary by the Minister of Economy, Trade and Industryto prevent hazards or damages: The product type pertainingto the notification and to which said ElectricalAppliances and Materials that do not conform to said TechnicalStandards belong;

(ii) Where there has been a violation of Article 8, paragraph (2) or Article 9, paragraph (1)with respect to the Electrical Appliances and Materialsof the product type pertainingto the notification which were manufactured or importedby the Notifying Supplier: The product type pertainingto the notification; or

三 届出事業者が製造し、又は輸入したその届出に係る型式の電気用品について、前条の規定による命令に違反したとき。 当該違反に係る電気用品の属する届出に係る型式

(iii) Where there has been a violation of an order made pursuantto the provisions of the preceding Article with respect to the ElectricalAppliances and Materials of the product type pertainingto the notification which were manufactured or importedby the Notifying Supplier: The product type pertainingto the notification, and to which the ElectricalAppliances and Materials pertainingto said violation belong.

第四章 販売等の制限

Chapter IV Restrictions on Sale, etc.

(販売の制限)

(Restrictions on Sale)

第二十七条 電気用品の製造、輸入又は販売の事業を行う者は、第十条第一項の表示が付されているものでなければ、電気用品を販売し、又は販売の目的で陳列してはならない。

Article 27 (1) Any person engaged inmanufacturing, importing, or selling Electrical Appliances and Materials shall neither sell nor display for the purpose of sale said ElectricalAppliances and Materialsunless the labelingset forth in Article 10, paragraph (1)is affixed to said Electrical Appliances and Materials.

Note: The label have to show the importer's name, PSE mark, and thetested company logo such asJQE, JET, TUV etc.

(Restrictions on Use)

Article 28 (1) Electricity utilities as prescribed in Article 2, paragraph (1), item (x)of the ElectricityBusiness Act, persons who install electricalfacilities for private use as prescribed in Article 38, paragraph (4)of said Act, Electrical Engineers as prescribed in Article 2, paragraph (4)of the Electrical Engineers Act (Act No. 139 of 1960),Qualified Electrical Engineering Specialists as prescribed in Article 3, paragraph (3)of said Act, and Certified Electrical Engineers asprescribed in Article 3,paragraph (4) of said Act shallnot use Electrical Appliances and Materials in any construction toinstall or modify electrical facilities as prescribed in Article 2,paragraph (1), item (xvi)of the ElectricityBusiness Act unless the labeling set forthin Article 10, paragraph (1) is affixed thereto.

(2) Any person engaged in manufacturing products that are manufacturedusing Electrical Appliances and Materials as parts or accessories and whichare specified by Cabinet Order shall not use ElectricalAppliances and Materials in manufacturing such productsunless the labeling set forth in Article 10, paragraph (1)is affixed thereto.

(3) The provisions of paragraph (2) of the preceding Article shall applymutatis mutandis to the cases set forth in the precedingtwo paragraphs.


Section 3 Foreign RegisteredConformity Assessment Bodies

(Obligation to ConductConformity Assessment, etc.)

Article 42-3 (1) When any bodies that has obtained the registration setforth in Article 9, paragraph (1) (limited to one that has obtained registration in termsof conducting a Conformity Assessment at a place of business overseas;hereinafter referred to as a "Foreign Registered Conformity AssessmentBodies") is requested to conduct a Conformity Assessment,it shall conduct said Conformity Assessment withoutdelay except when there are justifiable grounds for notdoing so.

(2) The provisions of Article 33, paragraph (2), Articles34 through 37, Article 40, Article 40-2, and Article 42 shall applymutatis mutandis to Foreign Registered Conformity Assessment Bodies. Inthis case, the term "order" in Article 40 and 40-2 shallbe deemed to be replaced with "request."

(登録の取消し等)

(Rescission of Registration,etc.)

第五章の二 危険等防止命令

Chapter V-2 Order for HazardPrevention, etc.

(危険等防止命令)

(Order for Hazard Prevention,etc.)

第四十二条の五 経済産業大臣は、次の各号に掲げる事由により危険又は障害が発生するおそれがあると認める場合において、当該危険又は障害の拡大を防止するため特に必要があると認めるときは、当該各号に規定する者に対し、販売した当該電気用品の回収を図ることその他当該電気用品による危険及び障害の拡大を防止するために必要な措置をとるべきことを命ずることができる。

Article 42-5 Where there seems to be a risk of the occurrence of hazards or damages asa result of either of the causes listed in the following items, the Ministerof Economy, Trade and Industry may, when he/she deems itparticularly necessary in order to prevent the spread of such hazards or damages, order the personprescribedin the respective items to recall the ElectricalAppliances and Materials that said person hassold or to take any other necessary measures to preventthe spread of the hazards or damages causedby said Electrical Appliances and Materials:

(i) The person engaged in manufacturing, importing, or sellingElectrical Appliances and Materials has sold Electrical Appliances and Materialsin violation of Article27, paragraph (1); or

(ii) A Notifying Supplier has manufactured, imported, or soldElectrical Appliances and Materials of the product type specifiedin the notification which do not conform to the TechnicalStandards (excluding the cases where a Notifying Supplier has manufactured or imported the ElectricalAppliances and Materials pursuant to the proviso to Article 8, paragraph (1)).


Chapter VIMiscellaneous Provisions

(On-site Inspections, etc.)

Article 46 (1) The Minister of Economy, Trade and Industry may, tothe extent necessary for the enforcement of this Act, haveofficials of the Ministry of Economy, Trade and Industry enter the offices,factories, workplaces, stores, or warehouses of personsengaged in manufacturing, importing, or selling Electrical Appliancesand Materials or persons engaged in business asprescribed in Article 28, paragraph (2), inspect the ElectricalAppliances and Materials, books, documents, and anyother objects, or ask questionsof the relevant persons.

(2) The Minister of Economy, Trade and Industry may, tothe extent necessary for the enforcement of this Act, haveofficials of the Ministry of Economy, Trade and Industry enter the offices or placesof business of Domestic Registered Conformity Assessment Bodies, inspect theiroperational conditions or books, documents,and any other objects, or ask questionsof the relevant persons.

(3) The officials who conduct on-site inspections or ask questions pursuantto the preceding two paragraphs shall carry a certificate of identification and shall show itto the relevant persons.

(4) The Minister of Economy, Trade and Industry may, whenhe/she deems necessary, have NITE conduct an on-siteinspection or ask questions pursuant to paragraph (1) or paragraph (2).

(5) The Minister of Economy, Trade and Industry shall,when he/she has NITE conduct an on-site inspection or ask questions pursuantto the preceding paragraph, give instructions to NITE with respect to the site tobe inspected and any other necessary matters.

(6) NITE shall, when having conducted an on-siteinspection or asked questions as prescribed in paragraph (4) following the instructionsgiven under the preceding paragraph, report the resultsthereof to the Minister of Economy, Trade and Industry.

(7) Any employee of NITE who conducts an on-siteinspection or asks questions pursuant to paragraph (4) shall carry a certificate of identification and show itto the relevant persons.

(8) The authority under paragraph (1) or paragraph (2) shallnot be construed to allow criminal investigations.


(Submission of ElectricalAppliances and Materials)


Article 46-2 (1) Where the Minister of Economy,Trade and Industry has had officials of the Minister ofEconomy, Trade and Industry conduct an inspection pursuantto paragraph (1) of the preceding Article or hashad NITE conduct an inspection pursuantto paragraph (4) of the same Article, and anyElectrical Appliances and Materials are found to be difficult for the ministryofficials or NITE to inspect at the place wherethey are located, the Minister may order the owner or possessor ofsuch ElectricalAppliances and Materials to submit them within a certain timelimit.

(2) The national government (or the relevant prefectural government in the event that the prefectural governor, pursuantto the provisions of the Cabinet Order specified in Article 55-2, takes charge of the affairs that fall within the authority of the Ministerof Economy, Trade and Industry under the precedingparagraph)shall compensate the owner or possessor forany loss arising from an order issued under thepreceding paragraph.

(3) The loss to be compensated under thepreceding paragraph shall be any such loss that wouldgenerally arise from the order issued under paragraph (1).


(Order to NITE)

Article 46-3 The Minister of Economy, Trade and Industry may, whenhe/she deems necessary in order to ensure the appropriate implementation of the inspection orquestioning operationsas prescribed in Article 42-4, paragraph (3), or the on-siteinspection or questioning operations prescribed in Article 46, paragraph (4), issuethe necessary order to NITE with respect to said operations.


(Request for Review ofDispositions, etc. Made by AIST or NITE)

Article 50 Any person who is dissatisfied with a disposition madeby AIST or NITE or with their inaction in regardto a Conformity Assessment may make a request for review with the Ministerof Economy, Trade and Industry pursuant to the AdministrativeAppeal Act (Act No. 160 of 1962).


(Hearing of Opinions in AppealProceedings)

Article 51 (1) A determination or decision ona request for review or on an objection with respect toa disposition made pursuant to this Act or any order issuedhereunder shall be made after giving a reasonable period of advancenotice to the person subject to the disposition and after holdinga public hearing.

(2) The advance notice set forth in the precedingparagraph shall specify the date and place of the hearing and the contentof the case concerned.

(3) When holding a public hearing as set forth in paragraph (1), the person subject to the disposition and any interestedpersons shall be given the opportunity topresent evidence and state their opinionswith regard to the case.


(Application for ConformityAssessment, and Order of the Minister of Economy, Trade and Industry)

Article 52 (1) A Notifying Supplier may, where aDomestic Registered Conformity Assessment Bodies does not conduct aConformity Assessment or where the Notifying Supplier has objectionsto the results of the Conformity Assessment conductedby a Domestic Registered Conformity Assessment Bodies, file an application to requesting that the Ministerof Economy, Trade and Industry order the DomesticRegistered Conformity Assessment Bodies to conduct or to repeat the ConformityAssessment.

(2) Where the Minister of Economy, Trade and Industryhas received an application under the preceding paragraph,in the event that he/she finds that the DomesticRegistered Conformity Assessment Bodies specified in the application isin violation of Article 33, he/she shall issue an order under Article 40-2to the Domestic Registered Conformity Assessment Bodies specified in the application.

(3) In the case referred to in the precedingparagraph, the Minister of Economy, Trade and Industry shall,when he/she has issued an order under Article 40-2 or hasdecided not to issue an order, notify the NotifyingSupplier that filed the application of his/her decision withoutdelay.

(4) The provisions of the preceding three paragraphs shall applymutatis mutandis to Foreign Registered Conformity Assessment Bodies. Inthis case, the term "order" in paragraph (1) shallbe deemed to be replaced with "request"; the term "Article 33"in paragraph (2) shall be deemed to be replaced with"Article 42-3,paragraph (1), or Article 33, paragraph (2)as applied mutatis mutandis pursuant Article 42-3, paragraph (2)"; the term "Article 40-2"in paragraph (2) and the preceding paragraph shall bedeemed to be replaced with "Article 40-2 as applied mutatismutandis pursuant to Article 42-3, paragraph (2)," and the term "order"shall be deemed to be replaced with "request."


(Fees)

Article 53 (1) A person who intends toundergo a Conformity Assessment conducted by the Minister ofEconomy, Trade and Industry pursuant to Article 42-2,paragraph (1) or aConformity Assessment conducted by AIST or NITE pursuantto paragraph (2) of the same Article shall pay the feesdetermined by Cabinet Order in light of the actual costs.

(2) The fees paid under the precedingparagraph shall be regarded as national revenue where it ispaid by a person who intends to undergo a Conformity Assessment conductedby the Minister of Economy, Trade and Industry, as income ofAIST where it is paid by a person who intends to undergo a ConformityAssessment conducted by AIST, or as income of NITE where itis paid by a person who intends to undergo a Conformity Assessment conductedby NITE.


(SpecialProvisions on Electrical Appliances and Materials Intended for Export)

Article 54 Electrical Appliances and Materials intended for export may be excludedfrom the application of some provisions of this Act and subject to specialprovisions as necessary.


Chapter VIIPenal Provisions

Article 57 A person who falls under any of the following items shallbe punished by imprisonment with work for not more than one year or a fine ofnot more than one million yen, or both:

(i) A person who has affixed labels, in violation of Article 10-2;

(ii) A person who has violated Article 12 (limitedto the part concerning item (i));

(iii) A person who has sold or displayed for sale ElectricalAppliances and Materials, in violation of Article 27, paragraph (1);

(iv) A person who has used Electrical Appliances and Materials,in violation of Article 28, paragraph (1) or paragraph (2);

(v) A person who has violated a suspension of operations order issued under Article 41; and

(vi) A person who has violated an order issued under Article 42-5.


Article 58 A person who falls under any of the following items shallbe punished by a fine of not more than 300,000 yen:

(i) A person who has failed to provide notification under Article 3 or whohas provided fraudulent notification.

(ii) A person who has failed to make assessment records,who has made fraudulent assessment records, or who hasfailed to preserve assessment records, in violation of Article 8, paragraph (2);

(iii) A person who has failed to obtain or preserve a certificate,in violation of Article 9, paragraph (1);

(iv) A person who has failed to provide notification under Article 36 or whohas provided fraudulent notification;

(v) A person who has failed to state in the books the mattersprescribed in Article 42, paragraph (1), in violation of said paragraph, or whohas made false statements or has failed to preserve the books,in violation of paragraph (2) of the same Article.

(vi) A person who has failed to make reports under Article 45, paragraph (1) or paragraph (2), or whohas made fraudulent reports;

(vii) A person who has refused, obstructed, or avoidedan inspection under Article 46, paragraph (1) or paragraph (2),who has, without justifiable grounds, failed to make statements in response to questionsasked under the same paragraph, or who has made falsestatements; and

(viii) A person who has violated an order issued under Article 46-2, paragraph (1).


Article 59 Where the representative of a juridicalperson or an agent, employee, or other worker ofa juridical person or an individual has, with regardto the operations of the juridicalperson or the duties of the individual, committed the violationsprescribed in the following items, the individual offender shallbe punished by the fine prescribed in the relevant Article and by the fine prescribedin the following items

(i) Article 57 (limited to the parts concerning item (ii) and item (vi)): A fine of not more than 100 million yen; and

(ii) Article 57 (excluding the parts concerning item (ii) and item (vi)) or the preceding Article: The fines prescribed in the respective Articles.


Article 60 A person who falls under any of the following items shallbe subject to an administrative fine of not more than200,000 yen:

(i) A person who has failed to provide notification under Article 4, paragraph (2), Article 5, or Article 6, or whohas provided fraudulent notification; and

(ii) A person who has failed to retain FinancialStatements, etc., who has failed to state the necessary mattersin the Financial Statements, etc., has made false statements or whohas, without justifiable grounds, refused a request made under the itemsof paragraph (2) of the same Article, in violation of Article 37, paragraph(1).

Article 61 In the event of the violation of an order issued under Article 46-3, the officer ofNITE who has committed the violation shall be subject toan administrative fine of not more than200,000 yen.