Significant Japan Food Regulation Updates in 2017

2017 saw the implementation and development of numerous new regulatory changes affecting Japan’s food industry, including health food, dairy products, food additives, and edible oil. Product approval, labeling, and management mechanisms were all addressed by these updates. This article offers a brief summary of important regulatory updates affecting Japan’s food industry in 2017.

1. Japan proposed to expedite functional food approval through the use of third party institutions.

To foster growth in its functional food industry Japan initiated changes designed to ease market access requirements. The “Functional Food Labeling System” entered into force on Apr. 1st, 2015. It means that only filing is required for food with a nutrient function claim (similar to nutrient supplements in China), which will require a significantly reduced financial and time investment. In order to further accelerate the filing procedure and relieve the burden of the application acceptance department, Japan Consumer Affairs Agency plans to entrust third party institutions with materials review.

2. Japan expanded the application scope of the ingredient origin labeling system

In Mar. 2017, Japan Consumer Affairs Agency issued a WTO notification (G/TBT/N/JPN/551) detailing that the application scope of ingredient origin labeling system will be expanded to all processed foods produced and sold in Japan. The origin of ingredients with highest concentration shall be labeled. However, this mandatory requirement is not applicable to imported processed food. In July, Japan released a supplementary document related to this labeling system, providing detailed instruction of ingredient origin labeling (read CL news here).

3. Japan specified hygienic requirements of imported dairy products

Dairy products exported to Japan are subject to animal quarantine since Nov. 1st, 2017. Raw milk/dairy products which arrived in Japan after Nov. 1, 2017 are required to be attached with a sanitary certificate issued by the competent authority in the country of origin. In May 2017, Japan issued a WTO notification detailing animal health requirements, format of the health certificate for the countries listed and non-listed (read relevant CL news here). Here listed countries refer to countries, regions and zones recognized by Ministry of Agriculture, Forestry and Fisheries of Japan where exporting raw milk and un-heat-treated milk products to Japan is allowed.

4. Food contact materials will be subject to positive list system in Japan

In May 2017, Japan decided to adopt a positive list system to manage the use of food contact materials. Previously a negative list system was applied in Japan, that is, raw materials in the negative list were prohibited to be used in containers and utensils for food contact use. MHLW said the positive list will focus on raw materials directly in contact with food and with a high migration risk. The list is expected to be finished in 2018. After its completion MHLW will revise the Food Sanitation Law. Aimed at the implementation of a positive list system, on 10th of July, MHLW released the "Guidebook for the safety of Food utensils and containers" (read CL news here).

5. Enterprises are mandatorily required to report voluntary food recall

Due to frequent occurrence of food recall resulting from foreign matter, detection of pathogens, etc., in Aug. 2017, MHLW announced that enterprises must publically report voluntary food recall and upload relevant information on the MHLW official website, including name of recalled food, photo, recall reasons, potential health risks, contact number, and etc. In addition, MHLW will establish a management system regarding food recall information (allocated development budget of 300 million Japanese Yen).

6. Japan is strengthening health food supervision

In Sep. 2017, MHLW held an expert meeting and raised specific measures to strengthen health food supervision. Health food manufacturers or distributors shall report adverse events to government or other relevant organizations; competent authority shall guide enterprises to promote product quality management under related regulations; the government will strictly supervise the advertisements of products with health risks.

7. Edible oil is still exempted from GMO labeling in Japan

In Sep. 2017, Japan clarified that labeling of edible oil will still follow the current standard, that is, edible oil produced from transgenic materials are exempted from GMO labeling. The basic rationale for this is that there is no transgenic materials source in edible oil; furthermore current testing technology cannot identify whether edible oil is sourced from transgenic materials.

8. Japan revises beverage and canned livestock product JAS standard

On October 20, 2017, Japan MAFF released announcements detailing the revision of JAS standard of several foods, including carbonated beverage, canned livestock products, and juice, etc. In general, the revisions include the removal of requirements regarding foreign matter and update of food additive standards (replace previous food additives standards with Codex standards). The revision took effect on Nov 19, 2017, while the updated food additive requirement has a grace period until May 19, 2019. Requirements concerning protein content in soybean milk products and its testing method will not become mandatory until Mar 31, 2020 (read CL news here).

9. Japan updated the directory of cyanide containing food

Self-inspection related to cyanide is required for food and processed products containing cyanide naturally (excluding those requiring command inspection). As cyanide was detected in cassava leaf and loquat seeds, in 2017, MHLW updated the directory of food naturally containing cyanide that requires self-inspection; cassava leaf and loquat seeds are newly included. If the contents of cyanide exceed 10ppm in flaxseed, almond, plum nut, bitter almond, cassava leaf and loquat seeds, their products are not allowed to be manufactured, sold, imported, etc. in Japan (read CL news here).

10. Specifications and standards for food additives significantly revised

Since the initial publication of Japan’s Specifications and Standards for Food Additives in 1960, it has been updated several times. The 8th Edition was released in 2007 and is currently in effect and will be replaced by the ninth version. In Nov. 2017, MHLW announced extensive modification to Japan's Specifications and Standards for Food Additives (MHLW Notice No. 370 of 1959). Specifications for 89 existing additives have been newly developed; some testing methods and limit levels have also been updated (click here for detailed changes). All these revisions came into effect on the date of their announcement. However, there will be a one-year transitional period before mandatory implementation. The previous standards are still applicable to food additives produced, processed and imported before November 29, 2018.