JAPAN WINES AND SPIRITS IMPORTERS' ASSOCIATION|Fair Competition Regularions

  • HOME
  • Fair Competition Regularions

Fair Competition Regularions

Fair Competition Regulations Concerning the Representations of Imported Beers

Establishment:
March 12, 1982, Fair Trade Commission Notification No. 5

Last revision:
September 1, 2009

(Objective)
Article 1
The Fair Competition Regulations (hereinafter referred to as the “Regulations”) are intended to prevent unfair attraction of customers, and ensure voluntary and rational selection of general consumers and fair competition among undertakers through the stipulation of representations regarding transactions of imported beers.

(Definitions)
Article 2
1  The term “imported beer/beers” as used herein means alcoholic beverages listed in 12 under Article 3 of the Liquor Tax Law (1953 Law No. 6) among the alcoholic beverages specified in Article 2 of the Law and imported to Japan from foreign countries.
2  The term “undertaker” as used herein means a party importing and selling beers or an equivalent party.
3  The term “country of origin” as used herein means the country in which the producer of the beer concerned is located.
4  The term “representation/representations” as used herein means any of the items defined in Section 2 of the “Matter Specifying Premiums and Representations Based on the Provisions of Article 2 of the Act against Unjustifiable Premiums and Misleading Representations” (1962 Fair Trade Commission Notification No. 3).

(Necessary Representations)
Article 3
The undertaker must clearly display the information listed below in Japanese (including Arabic numerals and commonly used symbols) in easy-to-see positions on containers or packing materials for imported beers according to the Fair Competition Regulations Enforcement Rules Concerning Representations on Imported Beers (hereinafter referred to as the “Enforcement Rules”).

(1) Fact that the beverage is beer
(2) Ingredients
(3) Alcohol content
(4) Capacity (content) of container
(5) Use-by date
(6) Storage method
(7) Name or company name and address of undertaker
(8) Address of receiver
(9) Name of country of origin
(10) Handling precautions, etc.
(11) Other information that is required by law to be displayed

(Criteria for Displaying Specific Information)
Article 4
1  The undertaker shall follow each of the criteria listed below to display the corresponding name in connection with imported beers.
(1) Lager beer
“Lager beer” must not be displayed unless the beer is mellowed in the storage process.
(2) Draft beer
“Draft beer” must not be displayed unless the beer is not heat-treated (pasteurized).
(3) Black beer
“Black beer” must not be displayed unless the beer contains deep-color malt as an ingredient and has a deep color.
(4) Stout
“Stout” must not be displayed unless the beer contains deep-color malt as an ingredient and has a deep color and a particularly strong flavor.
2  With regard to the information from 1 to 3 shown above, only “lager,” “draft,” etc. may be displayed with the word “beer” omitted whenever the beverage is clearly a beer.
3  When displaying “Draft beer” as specified in (2) of 1 of this article on containers or packing materials, the fact that the beer is “not heat-treated” must also be displayed.
4  Information about manufacturing processes, such as “specially processed” and “specially brewed,” may be displayed according to the Enforcement Rules.
5  Information about quality and ingredients, such as “high concentration,” “high purity,” and “high alcohol,” may be displayed according to the Enforcement Rules.

(Other Information to Display)
Article 5
The Japan Wines and Spirits Importers’ Association (hereinafter referred to as the “Association”) may set, in addition to the information specified in Articles 3 and 4 hereof, information to display in connection therewith and criteria for displaying such information based on the Enforcement Rules whenever they are deemed necessary to achieve the objective of Article 1 hereof.

(Prohibition of Misleading Representations)
Article 6
The undertaker must not display any of the following in connection with transactions of imported beers:
(1) Representation by which a beverage that is not a beer may be misunderstood to be a beer
(2) Representation by which any ingredient or manufacturing process may be misunderstood to be better
(3) Representation by which quality or any ingredient may be misunderstood
(4) Representation by which the country of origin may be misunderstood
(5) Representation by which something that is not an award may be misunderstood to be an award
(6) Representation by which any award, recommendation, etc. given to another product or another business the undertaker handles or conducts may be misunderstood to have been granted to the product concerned
(7) Representation that slanders or defames another undertaker or another undertaker’s beers
(8) Representation by which the production scale, production equipment, sales volume, sales ratio, and business situation of the undertaker may be misunderstood as being far superior to those based on the objective fact or the business performance of other competitive undertakers
(9) Representation in addition to the above-mentioned representations by which the contents of or transaction conditions concerning the beers the undertaker sells may be misunderstood as being superior to or more favorable than the actual contents or transaction conditions or to those of other competitive undertakers

(Organization Responsible for the Implementation of the Regulations)
Article 7
1  The Association shall be responsible for implementing the Regulations.
2  The Association shall do the following in order to achieve the objective of the Regulations:
(1) Make the Regulations known to all parties involved
(2) Provide consultation and guidance about the Regulations
(3) Carry out investigations of suspected violations of any of the provisions of the Regulations
(4) Take action against undertakers who violate any of the provisions of the Regulations
(5) Disseminate the Act against Unjustifiable Premiums and Misleading Representations and the other laws and ordinances related to fair trade and prevent violations thereof
(6) Deal with complaints from general consumers
(7) Communicate with the relevant authorities
(8) Perform other activities in connection with the enforcement of the Regulations

(Undertaker’s Obligation to Cooperate)
Article 8 The undertaker must cooperate with the Association in smoothly enforcing the Regulations.

(Investigations into Violations)
Article 9
1  In the event that the Association finds or comes to know of the fact that any undertaker violates any of the provisions of Article 3, Article 4, or Article 6 hereof or any of the provisions of the Enforcement Rules based on the provisions of Article 5 hereof, the Association shall have the right to question the undertaker about the fact, inquire about necessary information from the relevant parties, ask for witnesses’ opinions, and conduct necessary investigations into the fact.
2  The undertaker concerned must cooperate with the Association in investigations to be carried out based on the provision of 1 of this Article.
3  The Association shall issue a written warning to any undertaker who does not cooperate with the Association in investigations against the provision of 2 of this Article to cooperate in such investigations, and shall have the right to impose a penalty of thirty thousand yen (30,000 yen) or less on the undertaker based on the decision of the Board if the undertaker does not obey the warning.

(Action against Violations)
Article 10
1  In the event that the Association finds or comes to know of a violation of any of the provisions of Article 3, Article 4, or Article 6 hereof or any of the provisions of the Enforcement Rules based on the provisions of Article 5 hereof, the Association shall have the right to warn the violating undertaker in writing that the undertaker must take necessary action to eliminate the violation, must not commit the same or similar violation again, and must implement other relevant measures.
2  In the event that the undertaker that has been warned as stipulated in 1 of this Article is considered to be failing to obey the warning, the Association shall have the right to impose a penalty of three hundred thousand yen (300,000 yen) on the undertaker based on the decision of the Board or, whenever deemed necessary, to ask the Secretary-General of the Consumer Affairs Agency to take the necessary action.
3  Whenever the Association has taken action as provided for in 3 of Article 9 hereof or 1 or 2 of this Article, the Association shall report the fact to the Secretary-General of the Consumer Affairs Agency and the National Tax Agency in writing without delay.

(Decisions against Violations)
Article 11
1  In the event that the Association imposes a penalty according to 3 of Article 9 or 2 of Article 10 hereof, the Association shall prepare a plan describing what action will be taken (hereinafter referred to as a “determined plan”) and send it to the undertaker concerned.
2  The undertaker who receives a determined plan as specified in 1 of this Article may lodge a protest with the Association in writing within twenty (20) days from the receipt of the plan.
3  In the event that the undertaker concerned lodges a protest according to the provision of 2 of this Article, the Association shall give the undertaker an opportunity to make a plea and prove that it has not committed any violation, further conduct examinations based on the documents submitted by the undertaker, and determine what action to take based on the results.
4  In the event that the undertaker does not lodge a protest within the period specified in 2 of this Article, the Association shall promptly determine the action to take according to the determined plan.

(Establishment of Enforcement Rules)
Article 12
1  The Association may establish enforcement rules concerning the implementation and management of the Regulations.
2  The establishment of enforcement rules as described in 1 of this Article or any change thereto shall be subjected to the prior approval of the Fair Trade Commission after the decision of the Association’s general assembly.

Supplementary Provision
All changes to the Regulations shall take effect on the date of the enforcement of the institution law of the Consumer Affairs Agency and the Consumer Commission.

Fair Competition Regulations Concerning the Representations of Imported Whiskeys

Establishment:
August 7, 1980, Fair Trade Commission Notification No. 23

Last revision:
September 1, 2009
 
(Objective)
Article 1
The Fair Competition Regulations (hereinafter referred to as the “Regulations”) are intended to prevent unfair attraction of customers,  and ensure voluntary and rational selection of general consumers and fair competition among unertakers through the stipulation of representations regarding transactions of imported whiskeys.

(Definitions)
Article 2
1 The term “imported whiskey/whiskeys” as used herein means alcoholic beverages listed in 15 under Article 3 of the Liquor Tax Law (1953 Law No. 6) among the alcoholic beverages specified in Article 2 of the Law and imported to Japan from foreign countries.
2 The term “undertaker” as used herein means a party importing and selling whiskeys or an equivalent party.
3 The term “country of origin” as used herein means the country in which the producer of the whiskey concerned (including final blending but excluding the adding of water or dividing into smaller quantities) is located.
4 The term “representation/representations” as used herein means any of the items defined in Section 2 of the “Matter Specifying Premiums and Representations Based on the Provisions of Article 2 of the Act against Unjustifiable Premiums and Misleading Representations” (1962 Fair Trade Commission Notification No. 3).

(Necessary Representations)
Article 3
The undertaker must clearly display the information listed below in Japanese (including Arabic numerals and commonly used symbols) in easy-to-see positions on containers or packing materials for imported whiskeys according to the Fair Competition Regulations Enforcement Rules Concerning Representations on Imported Whiskeys (hereinafter referred to as the “Enforcement Rules”).
(1) Name of alcoholic beverage
(2) Ingredients and additives
(3) Alcohol content
(4) Capacity (content) of container
(5) Fact that the beverage is sparkling, if so
(6) Name or company name and address of undertaker
(7) Address of receiver
(8) Name of country of origin
(9) Other information that is required by law to be displayed

(Criteria for Displaying Specific Information)
Article 4
Whenever the undertaker displays years of aging on an imported whiskey produced by blending whiskeys that have been aged for a different number of years, the fewest years of aging that the blended whiskey was subjected to shall be displayed as the years of aging on the imported whiskey concerned.

(Other Information to Display)
Article 5
The Japan Wines and Spirits Importers’ Association (hereinafter referred to as the “Association”) may set, in addition to the information specified in Articles 3 and 4 hereof, information to display in connection therewith and criteria for displaying such information based on the Enforcement Rules whenever they are deemed necessary to achieve the objective of Article 1 hereof.

(Prohibition of Misleading Representations)
Article 6
The undertaker must not display any of the following in connection with transactions of imported whiskeys:
(1) Representation by which a beverage that is not a whiskey may be misunderstood to be a whiskey
(2) Representation by which part of the whiskey may be misunderstood as representing the entire whiskey
(3) Representation by which the country of origin may be misunderstood
(4) Representation by which the years of aging may be misunderstood
(5) Representation that slanders or defames another undertaker or another undertaker’s whiskeys
(6) Representation by which something that is not an award may be misunderstood to be an award
(7) Representation by which any award, recommendation, etc. given to another product or another business the undertaker handles or conducts may be misunderstood to have been granted to the product concerned
(8) Representation by which the production scale, production equipment, sales volume, sales ratio, and business situation of the undertaker may be misunderstood as being far superior to those based on the objective fact or the business performance of other competitive undertakers
(9) Representation in addition to the above-mentioned representations by which the contents of or transaction conditions concerning the whiskeys the undertaker sells may be misunderstood as being far superior to or more favorable than the actual contents or transaction conditions or to those of other competitive undertakers

(Organization Responsible for the Implementation of the Regulations)
Article 7
The Association shall do the following in order to achieve the objective of the Regulations:
(1) Make the Regulations known to all parties involved
(2) Provide consultation and guidance about the Regulations
(3) Carry out investigations into suspected violations of any of the provisions of the Regulations
(4) Take action against undertakers who violate any of the provisions of the Regulations
(5) Disseminate the Act against Unjustifiable Premiums and Misleading Representations and the other laws and ordinances related to fair trade and prevent violations thereof
(6) Deal with complaints from general consumers
(7) Communicate with the relevant authorities
(8) Perform other activities in connection with the enforcement of the Regulations

(Undertaker’s Obligation to Cooperate)
Article 8
The undertaker must cooperate with the Association in smoothly enforcing the Regulations.

(Investigations into Violations)
Article 9
1 In the event that the Association finds or comes to know of the fact that any undertaker violates any of the provisions of Article 3, Article 4, or Article 6 hereof or any of the provisions of the Enforcement Rules based on the provisions of Article 5 hereof, the Association shall have the right to question the undertaker about the fact, inquire about necessary information from relevant parties, ask for witnesses’ opinions, and conduct the necessary investigations into the fact.
2 The undertaker concerned must cooperate with the Association in investigations to be carried out based on provision of 1 of this Article.
3 The Association shall issue a written warning to any undertaker who does not cooperate with the Association in investigations against the provision of 2 of this Article to cooperate in such investigations, and shall have the right to impose a penalty of thirty thousand yen (30,000 yen) or less on the undertaker based on the decision of the Board if the undertaker does not obey the warning.

(Action against Violations)
Article 10
1 In the event that the Association finds or comes to know a violation of any of the provisions of Article 3, Article 4, or Article 6 hereof or any of the provisions of the Enforcement Rules based on the provisions of Article 5 hereof, the Association shall have the right to warn the violating undertaker in writing that the undertaker must take necessary action to eliminate the violation, must not commit the same or similar violation again, and must implement other relevant measures.
2 In the event that the undertaker that has been warned as stipulated in 1 of this Article is considered to be failing to obey the warning, the Association shall have the right to impose a penalty of three hundred thousand yen (300,000 yen) on the undertaker based on the decision of the Board or, whenever deemed necessary, ask the Secretary-General of the Consumer Affairs Agency to take the necessary action.
3 Whenever the Association has taken action as provided for in 3 of Article 9 hereof or 1 or 2 of this Article, the Association shall report the fact to the  Secretary-General of the Consumer Affairs Agency and the National Tax Agency in writing without delay.

(Decisions against Violations)
Article 11
1 In the event that the Association imposes a penalty according to 3 of Article 9 or 2 of Article 10 hereof, the Association shall prepare a plan describing what action will be taken (hereinafter referred to as a “determined plan”) and send it to the undertaker concerned.
2 The undertaker who receives a determined plan as specified in 1 of this Article may lodge a protest with the Association in writing within twenty (20) days from the receipt of the plan.
3 In the event that the undertaker concerned lodges a protest according to the provision of 2 of this Article, the Association shall give the undertaker an opportunity to make a plea and prove that it has not committed any violation, further conduct examinations based on the documents submitted by the undertaker, and determine what action to take based on the results.
4 In the event that the undertaker does not lodge a protest within the period specified in 2 of this Article, the Association shall promptly determine the action to take according to the determined plan.

(Establishment of Enforcement Rules)
Article 12
1 The Association may establish enforcement rules concerning the implementation and management of the Regulations.
2 The establishment of enforcement rules as described in 1 of this Article or any change thereto shall be subjected to the prior approval of the Fair Trade Commission after the decision of the Association’s general assembly.
Supplementary Provision
All changes to the Regulations shall take effect on the date of the enforcement of the institution law of the Consumer Affairs Agency and the Consumer Commission.

▲ PageTop