JAPAN WINES AND SPIRITS IMPORTERS' ASSOCIATION｜Fair Competition Regularions

(Objective)
Article 1 
The Fair Competition Regulations (hereinafter referred to as the “Regulations”) are intended to prevent unjust inducement of customers, and ensure voluntary and rational selection by general consumers and fair competition among business operators through the stipulation of representations regarding transactions of imported beers based on the provisions of Article 31-1 of the Act against Unjustifiable Premiums and Misleading Representations (1962 Law No. 134).

(Definitions)
Article 2
1 The term “imported beer/beers” as used herein means, among the alcoholic beverages specified in Article 2 of the Law, the alcoholic beverages that are set forth in 12 under Article 3 of the Liquor Tax Law (1953 Law No. 6) and imported to Japan from foreign countries.
2 The term “business operator” 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 business operator 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) Names of ingredients
(3) Alcohol content
(4) Content
(5) Use-by date
(6) Storage method
(7) Name or company name and address of food-related business operator
(8) Location of sales office and name or company name of importer
(9) Address of receiver
(10) Name of country of origin
(11) Precautions, etc. in handling
(12) Other information that is required by law to be displayed 

(Criteria for Displaying Specific Information)
Article 4
1 The business operator 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 in (1) through (3) shown above, “lager,” “draft,” etc. may be displayed alone 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 it is deemed necessary to achieve the objective of Article 1 hereof.

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

(Organization Responsible for the Implementation of the Regulations)
Article 7
1 The Association shall be responsible for implementing the Regulations.
2 The Association shall conduct 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 business operators who violate any of the provisions of the Regulations
(5) Disseminate the Act against Unjustifiable Premiums and Misleading Representations and 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

(Business operator’s Obligation to Cooperate)
Article 8 
The business operator 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 business operator 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 business operator about the fact, inquire about necessary information from relevant parties, ask for witness opinions, and conduct necessary investigations into the fact.
2 The business operator concerned must cooperate with the Association in the investigations to be carried out based on the provision of 1 of this Article.
3 The Association shall issue a written warning to any business operator who does not cooperate with the Association in investigations, in violation of the provision of 2 of this Article concerning cooperation in such investigations, and shall have the right to impose a penalty of thirty thousand yen (30,000 yen) or less on the business operator based on the decision of the Board if the business operator does not obey the warning.

(Actions 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 business operator in writing that the business operator 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 business operator that has been warned as stipulated in 1 of this Article is considered to have failed to obey the warning, the Association shall have the right to impose a penalty of three hundred thousand yen (300,000 yen) or less on the business operator based on the decision of the Board or, whenever deemed necessary, to ask the Secretary-General of the Consumer Affairs Agency to take necessary action.
3 Whenever the Association has taken action as provided for in 3 of Article 9 hereof or 1 and/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 regarding 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 business operator concerned.
2 The business operator who receives a determined plan as specified in 1 of this Article may lodge an objection with the Association in writing within twenty (20) days from the receipt of the plan.
3 In the event that the business operator concerned lodges an objection according to the provision of 2 of this Article, the Association shall give the business operator 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 business operator, and determine what action to take based on the results.
4 In the event that the business operator does not lodge an objection 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 subject to the prior approval of the Fair Trade Commission and the Secretary-General of the Consumer Affairs Agency after being resolved by the Association’s general assembly. 

Supplementary Provision
1 All changes to the Regulations shall take effect on the date of the enforcement of the institution law of the Fair Trade Commission and the Secretary-General of the Consumer Affairs Agency.
2 Representations made by business operators before the day when the above changes become effective (hereinafter referred to as the “Effective Date”) shall be governed by the provisions then in force.
3 With regard to representations of beers to be imported from the Effective Date to March 31, 2020, the previous provisions may still be applied.

Article 1
1 The term “an equivalent party” in 2 of Article 2 of the Fair Competition Regulations Concerning the Representations of Imported Beers (hereinafter referred to as the “Regulations”) means general agencies and the like that have entered into an agreement for sole agency or have similar contractual relationships with the business operator.
2 The term “representation/representations” specified in 4 of Article 2 of the Regulations refers to advertisements or other representations that the business operator makes as a means of inducing customers, with respect to the matters concerning the transactions of beers it provides as shown below:
(1) advertisements and other representations on goods, containers or packaging, and advertisements and other representations by means of any materials attached thereto;
(2) advertisements and other representations by means of samples, flyers, brochures, instructional documents and other similar items (including those by direct mail, facsimile, etc.) and verbal advertisements and indications (including telephone calls);
(3) posters, signboards (including placards and indications described on buildings or trains, cars, etc.), neon signs, advertisement balloons, and advertisements by means of other similar methods, including displays or demonstration sales;
(4) advertisements in newspapers, magazines and other publications, advertisements via broadcasts (including broadcasts using wired telecommunication equipment or loudspeakers), via projection, or advertisements in theaters or on electronic bulletin boards; and
(5) advertisements and other representations by means of equipment for information processing (including those on the Internet and in PC communications, etc.).


(Criteria for Displaying Necessary Representations)
Article 2 
The necessary representations set forth in Article 3 of the Regulations shall be displayed in accordance with the following criteria, in addition to the provisions of the Act on Securing of Liquor Tax and on Liquor Business Associations (1953 Law No. 7; hereinafter referred to as the “Liquor Business Associations Act”) or the Food Labelling Standards (Cabinet Office Order No. 10 of 2015)”.
(1) Fact that the beverage is beer
“Beer” or “Bakushu” shall be displayed, and if “○○ beer” or “○○ bakushu” is indicated in the brand name, etc., this representation shall be deemed to have been displayed by such indication.
(2) Names of ingredients
The names of ingredients used shall be indicated after the words “names of ingredients” using the product names and in the order set forth in the Liquor Tax Law (1953 Law No. 6), and the Order for Enforcement (Cabinet Order No. 97 of 1962) and the Regulations for Enforcement (Ordinance of the Ministry of Finance No. 26 of 1962) thereof. However, “tomorokoshi”, a Japanese word meaning corn, and “denpun”, a Japanese word meaning starch, may be displayed as “corn” and “starch”, respectively.
(3) Alcohol content
It shall be displayed within the scope of 1 % in terms of alcohol by volume as follows: “○○ % or more and less than △△%”.
However, the representation of alcohol content within the scope of ± 1% by unit of 1% or 0.5%, such as “○○ %” or “○○. 5%”, is allowed, and when alcohol content is displayed within the scope of ± 1% and the container label indicates information by which it can be easily understood that it is the alcohol content described by the exporting country, the representation that “the alcohol content is described on the front label” or “the alcohol content is described on the back label” may be displayed.
(4) Content
It shall be displayed in units of “milliliter”, “ml” or “mℓ”, or “liter”, “L” or “ℓ” after the word “Content”.
(5) Use-by date
It refers to a date showing the period of time
that all expected qualities in terms of taste and safety etc. are deemed to be fully maintained when imported beer in unopened containers or packages is preserved in accordance with the methods indicated in (6) of this Article, and it shall be displayed by either of the following methods:
(a) The corresponding month, date, and year or month and year shall be indicated after the words “Use-by date”.
(b) The specific place shall be described after the words “Use-by date”, such as “Indicated on the bottom of the can” or “Indicated separately”, and the relevant month, date, and year or the relevant month and year shall be indicated in the relevant places on the container or packages.
(6) Storage method
For example, cautions such as “Store in a cool and dark place, avoiding direct sunlight.” shall be displayed.
(7) Name or company name and address of food-related business operator
These pieces of information shall be displayed after the word “Importer” or “Seller”, to show that such Importer or Seller is the one who is responsible for the representations.
However, when the person responsible for the content of the representations and the person whose name is required to be indicated by the Liquor Business Associations Act are different, the item “Imported by” or “Sold by”, depending on the transaction form, shall be added and stated in indicating the name required by the Act.
(8) Location of sales office and name or company name of importer
These shall be displayed in accordance with the Food Labelling Standards.
However, such information may be omitted if it is the same as that of the food-related business operator in the previous item.
(9) Address of receiver
It refers to the location of the receiver mentioned in 2 of Article 8-3 of the Order for Enforcement of the Act on Securing of Liquor Tax and on Liquor Business Associations (Cabinet Order No. 28 of 1953).
However, it may be omitted if it is the same as the address of the food-related business operator in (7) of this Article.
(10) Name of country of origin
The country of origin shall be displayed. However, if displaying the origin of the beer by using the country name is not appropriate because the origin is known better by the name of a location rather than the name of the country, “Name of country of origin” may be replaced by the “Name of location of origin” to display the location.
(11) Precautions, etc. in handling
For example, in the case of canned beer, words such as “Recycle empty cans” or “Do not throw away empty cans” shall be indicated depending on the necessity.
(12) Other information that is required by law to be displayed
It refers to the “Identification Marks” specified in the Appendix to “the Ordinance specifying matters that constitute representation standards for steel or aluminum cans in cases where the beverage is filled” (the Ordinance of the Ministry of Finance, Ministry of Agriculture, Forestry and Fisheries, Ministry of International Trade and Industry No. 1 of 1991).
(13) The font size (referring to the font size prescribed in the Japanese Industrial Standards Z8305 (1962)) used in displaying the matters listed in each item of Article 3 of the Regulations shall be in accordance with the following:

(a) Fact that the beverage is beer
It shall be stated by container capacity using letters with at least a font size specified below.

	When “beer” is indicated	When “Bakushu” only is indicated without the indication of “beer”
When the content exceeds 360 ml	14 points	16 points
When the content is 360 ml or less	10.5 points	14 points

(b) Matters other than the fact that the beverage is beer
The size shall be as indicated below or larger, depending on the representation space.

When the space is roughly larger than 150 cm2 When the space is roughly 150 cm2 or smaller

8 points 5.5 points

(Deleted)

(Prohibition of Misleading Representations)
Article 3 
Examples of cases similar to the misleading representations listed in Article 6 of the Regulations shall be as follows:
(1) In the case of the representation in 1 of Article 6 of the Regulations, a name such as “○○ beer”, “○○ ale”, or “○○ stout” and/or images, designs or pictures by which it may be understood to be a beer are indicated on a beverage that is not a beer. However, publicly known names such as “root beer” or “ginger ale” shall not fall under this category unless the part stating “beer” or “ale” is especially highlighted.
(2) In the case of the ingredients or manufacturing process in 2 of Article 6 of the Regulations, the following representations are displayed.
(a) A representation by which the quality may be misunderstood to be better than it actually is, such as stressing that more or less of a particular ingredient is contained
(b) A representation using the word “specially processed” or “specially brewed”, etc., although the grounds therefor are not clear, and by which the quality may be misunderstood to be especially better
(3) In the case of the quality or ingredients in 3 of Article 6 of the Regulations, the following representations are displayed.
(a) A representation by which the beverage may be misunderstood to be one that will not cause drunkenness
(b) A representation by which the beverage may be misunderstood to have medical efficacy or effects
(c) A representation such as “high concentration”, “high purity” or “better than other beer”, although there are no specific figures or grounds therefor based on objective facts
(d) A representation by which the quality of beer may be misunderstood to be especially better than products other than beer
(4) In the case of the country of origin in 4 of Article 6 of the Regulations, a representation that falls under 1 or 2 of the “Misleading Representations about the Country of Origin of Products” (Notice of the Fair Trade Commission No.34 of 1973) is displayed.
(5) In the case of representations concerning something that is not an award as mentioned in 5 of Article 6 of the Regulations, the following award-related information is displayed.
(a) An award that appears as if it had been granted by the organization, although there is no such fact.
(b) An award that was granted by a person who does not have any social status or responsibility
(c) A basic award that can be granted to all applicants
(d) An award that is named by the business operator itself
(6) In the case of the representation in 6 of Article 6 of the Regulations, although an award or recommendation is for a particular product of the business operator, a representation by which such award or recommendation may be misunderstood to be also for other products of such business operator is displayed.
The indication of an “award or recommendation, etc.” shall be limited to the cases where it is clearly recognized that such award or recommendation actually concerns the product or business.
(7) In the case of the representation that slanders or defames another business operator or another business operator’s beers in 7 of Article 6 of the Regulations, information that appears as if a comparison of quality, etc. conducted by the business operator shows that its beers are superior to those of another business operator is displayed to appeal to customers.

(Establishment of Detailed Rules)
Article 4 
The Association may establish detailed rules concerning the operation of the Regulations and these Enforcement Rules.Supplementary Provision
1 All changes to the Enforcement Rules shall take effect on the date of the enforcement of the institution law of the Fair Trade Commission and the Secretary-General of the Consumer Affairs Agency.
2 Representations made by business operators before the day when the above changes become effective (hereinafter referred to as the “Effective Date”) shall be governed by the provisions then in force.
3 With regard to representations of beers to be imported from the Effective Date to March 31, 2020, the previous provisions may still be applied.

(Objective)
Article 1 
The Fair Competition Regulations (hereinafter referred to as the “Regulations”) are intended to prevent unjust inducement of customers, and ensure voluntary and rational selection by general consumers and fair competition among business operators through the stipulation of representations regarding transactions of imported whiskeys based on the provisions of Article 31-1 of the Act against Unjustifiable Premiums and Misleading Representations (1962 Law No. 134).

(Definitions)
Article 2
1 The term “imported whiskey/whiskeys” as used herein means, among the alcoholic beverages specified in Article 2 of the Law, the alcoholic beverages that are set forth in 15 under Article 3 of the Liquor Tax Law (1953 Law No. 6) and imported to Japan from foreign countries.
2 The term “business operator” 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 business operator 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) Names of ingredients
(3) Additives
(4) Alcohol content
(5) Content
(6) Fact that the beverage is sparkling, if so
(7) Name or company name and address of food-related business operator
(8) Location of importer’s sales office or processing factory and name or company name of importer or processor
(9) Address of receiver
(10) Name of country of origin
(11) Other information that is required by law to be displayed

(Criteria for Displaying Specific Information)
Article 4 
Whenever the business operator displays the 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 it is deemed necessary to achieve the objective of Article 1 hereof.

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

(Organization Responsible for the Implementation of the Regulations)
Article 7 
The Association shall conduct 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 business operators who violate any of the provisions of the Regulations
(5) Disseminate the Act against Unjustifiable Premiums and Misleading Representations and 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

(Business operator’s Obligation to Cooperate)
Article 8 
The business operator 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 business operator 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 business operator about the fact, inquire about necessary information from relevant parties, ask for witness opinions, and conduct necessary investigations into the fact.
2 The business operator concerned must cooperate with the Association in the investigations to be carried out based on the provision of 1 of this Article.
3 The Association shall issue a written warning to any business operator who does not cooperate with the Association in investigations, in violation of the provision of 2 of this Article concerning cooperation in such investigations, and shall have the right to impose a penalty of thirty thousand yen (30,000 yen) or less on the business operator based on the decision of the Board if the business operator does not obey the warning.

(Actions 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 business operator in writing that the business operator 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 business operator that has been warned as stipulated in 1 of this Article is considered to have failed to obey the warning, the Association shall have the right to impose a penalty of three hundred thousand yen (300,000 yen) or less on the business operator based on the decision of the Board or, whenever deemed necessary, to ask the Secretary-General of the Consumer Affairs Agency to take necessary action.
3 Whenever the Association has taken action as provided for in 3 of Article 9 hereof or 1 and/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 regarding 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 business operator concerned.
2 The business operator who receives a determined plan as specified in 1 of this Article may lodge an objection with the Association in writing within twenty (20) days from the receipt of the plan.
3 In the event that the business operator concerned lodges an objection according to the provision of 2 of this Article, the Association shall give the business operator 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 business operator, and determine what action to take based on the results.
4 In the event that the business operator does not lodge an objection 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 subject to the prior approval of the Fair Trade Commission and the Secretary-General of the Consumer Affairs Agency after being resolved by the Association’s general assembly.

Supplementary Provision
1 All changes to the Regulations shall take effect on the date of the enforcement of the institution law of the Fair Trade Commission and the Secretary-General of the Consumer Affairs Agency.
2 Representations made by business operators before the day when the above changes become effective (hereinafter referred to as the “Effective Date”) shall be governed by the provisions then in force.
3 With regard to representations of whiskeys to be imported from the Effective Date to March 31, 2020, the previous provisions may still be applied.

(Definitions)
Article 1
1 The term “an equivalent party” in 2 of Article 2 of the Fair Competition Regulations Concerning the Representations of Imported Whiskeys (hereinafter referred to as the “Regulations”) means a party that divides imported whiskeys into smaller quantities in Japan for sale or general agencies and the like that have entered into an agreement for sole agency or have similar contractual relationships with the business operator.
2 The term “representation/representations” specified in 4 of Article 2 of the Regulations refers to advertisements or other representations that the business operator makes as a means of inducing customers, with respect to the matters concerning the transactions of whiskeys it provides as shown below:
(1) advertisements and other representations on goods, containers or packaging, and advertisements and other representations by means of any materials attached thereto;
(2) advertisements and other representations by means of samples, flyers, brochures, instructional documents and other similar items (including those by direct mail, facsimile, etc.) and verbal advertisements and indications (including telephone calls);
(3) posters, signboards (including placards and indications described on buildings or trains, cars, etc.), neon signs, advertisement balloons, and advertisements by means of other similar methods, including displays or demonstration sales;
(4) advertisements in newspapers, magazines and other publications, advertisements via broadcasts (including broadcasts using wired telecommunication equipment or loudspeakers), via projection, or advertisements in theaters or on electronic bulletin boards; and
(5) advertisements and other representations by means of equipment for information processing (including those on the Internet and in PC communications, etc.).

(Criteria for Displaying Necessary Representations)
Article 2 
Representations concerning the matters listed in 1 through 9 (excluding 2) of Article 3 of the Regulations shall be displayed in accordance with the following criteria, in addition to the provisions of the Act on Securing of Liquor Tax and on Liquor Business Associations (1953 Law No. 7; hereinafter referred to as the “Liquor Business Associations Act”) or the Food Labelling Standards (Cabinet Office Order No. 10 of 2015)”.

(1) Names of ingredients
Based on factors that determine the characteristics of whiskeys, the names of the following ingredients shall be indicated sequentially after the words “Name of ingredients”.
Malt
Grains (describe the type of grains, such as corn or rye, in parentheses to add the details; it is acceptable to display the type alone.)
Alcohol for blending (indicate when it is added to the whiskey; excluding that made from grains)
Spirits (indicate when it is added to the whiskey; excluding that made from grains)
Sherry alcoholic beverage (indicate when that used exceeds 2.5% in terms of alcohol by volume.)
Example of the display of the names of ingredients

[Names of ingredients] Malt, grains

[Names of ingredients] Malt, grains (barley, corn, rye, ○○, etc.), alcohol for blending, spirits

[Names of ingredients] Malt, barley, corn, rye, alcohol for blending, spirits, sherry alcoholic beverage

(2) Additives
These shall be displayed in accordance with the Food Labelling Standards.
(3) Alcohol content
It shall be displayed after “Alcohol content” within the scope of 1% in terms of alcohol by volume under the same applicable tax rate category specified in 1 and 4 of Article 23 of the Liquor Tax Law (1953 Law No. 6; hereinafter referred to as the “Law”) as follows: “○○ % or more and less than △△%” or “○○ %”. 
However, when alcohol content is displayed within the scope of 1% under the same applicable tax rate category specified in 1 and 4 of Article 23 of the Law and the container label indicates information by which it can be easily understood that it is the alcohol content described by the exporting country, the representation that “the alcohol content is described on the front label” or “the alcohol content is described on the back label” may be displayed.
(4) Content
It shall be displayed in units of “milliliter”, “ml” or “mℓ”, or “liter”, “L”, or “ℓ” after the word “Content”.
(5) Name or company name and address of food-related business operator
These pieces of information shall be displayed after the word “Importer”, “Seller” or “Processor”, to show that such Importer, Seller, or Processor is the one who is responsible for the representations.
However, when the person responsible for the content of the representations and the person whose name is required to be indicated by the Liquor Business Associations Act are different, the item “Imported by” or “Sold by”, depending on the transaction form, shall be added and stated in indicating the name required by the Act.
(6) Location of importer’s sales office or processing factory and name or company name of importer or processor
These shall be displayed in accordance with the Food Labelling Standards.
However, such information may be omitted if it is the same as that of the food-related business operator in (5) of this Article
(7) Address of receiver
It refers to the location of the receiver mentioned in 2 of Article 8-3 of the Order for Enforcement of the Act on Securing of Liquor Tax and on Liquor Business Associations (Cabinet Order No. 28 of 1953).
However, it may be omitted if it is the same as the address of the food-related business operator in (5) of this Article.
(8) Name of country of origin
The country of origin shall be displayed. However, if displaying the origin of the whiskey by using the country name is not appropriate because the origin is known better by the name of a location rather than the name of the country, “Name of country of origin” may be replaced by the “Name of location of origin” to display the location.
(9) The font size (referring to the font size prescribed in the Japanese Industrial Standards Z8305 (1962)) used in displaying the matters listed in each item of Article 3 of the Regulations shall be in accordance with the following:

(a) Name of alcoholic beverage
It shall be stated by container capacity using letters with at least a font size specified below.

When the content exceeds 3.6 liters	26 points
When the content is more than 1.8 liters but does not exceed 3.6 liters	16 points
When the content is more than 1 liter but does not exceed 1.8 liters	14 points
When the content is more than 360 ml but does not exceed 1 liter	10.5 points
When the content is 360 ml or less	8 points

(b) Matters other than the name of the alcoholic beverage
These shall be stated using letters with at least the following font sizes specified by the Food Labelling Standards.

Principle	8 points
When the space is roughly 150 cm2 or smaller	5.5 points

(Deleted)

(10) The representations set forth in Article 3 of the Regulations may be omitted when the container is for storage for transportation and the size is 100 ml or less; provided, however, that this shall not apply to the matters regarding which the omission of the representation is not permitted by the Liquor Business Associations Act or the Food Labelling Standards.

(Prohibition of Misleading Representations)
Article 3 
Examples of cases similar to the misleading representations specified in Article 6 of the Regulations shall be as follows:
(1) With regard to the name of beverages in 1 of Article 6 of the Regulations, a representation by which a beverage that is not a whiskey may be misunderstood to be a whiskey is displayed by giving the beverage a whiskey or whiskey-related name such as “New Whiskey” “Whiskey Liquor”, or “Wheskey”, etc. However, even if names associated with whiskey are used, in the case where general consumers can clearly tell that the beverage (whisky liqueurs, whiskey bonbon, etc.) is not a whiskey, the representation shall not fall under a “representation by which the type of the beverage may be misunderstood”.
(2) With regard to “the country of origin” in 3 of Article 6 of the Regulations, a misleading representation is displayed as if a whiskey produced in Japan were one where water is added to an imported whiskey or were an imported whiskey divided into smaller quantities or as if an imported whiskey to which water is added or an imported whiskey divided into smaller quantities were a domestic whiskey.
(3) With regard to “the years of aging” in 4 of Article 6 of the Regulations, the following representation is displayed.
(a) A representation by which the years of aging concerning part of the whiskey may be misunderstood as representing the entire whiskey
(b) A representation of figures that may cause general consumers to misunderstand that they show the years of aging; however, in the case where general consumers can perceive that these figures represent the name of the beverage, year of release, or in-house rating, etc., they shall not fall under the case of a “representation of figures that may be misunderstood”.
(Note) The above provision shall not be interpreted as preventing the representation of the year of aging.
(4) In the case of the “representation that slanders or defames another business operator or another business operator’s whiskeys” in 5 of Article 6 of the Regulations, information that appears as if a comparison of quality, etc. conducted by the business operator shows that its whiskeys (including alcoholic beverages other than whiskey) are superior to those of another business operator is displayed to appeal to customers.
(5) In the case of “something that is not an award” in 6 of Article 6 of the Regulations, the following is displayed as an award that the business operator won.
(a) An award that appears as if it had been granted by the organization, although there is no such fact.
(b) An award that was granted by a person who does not have any social status or responsibility
(c) A basic award that can be granted to all applicants
(d) An award that is named by the business operator itself
(6) In the case of the representation in 7 of Article 6 of the Regulations, although an award or recommendation is for a particular product of the business operator, a representation by which such award or recommendation may be misunderstood to be also for other products of such business operator is displayed.
The indication of an “award or recommendation, etc.” shall be limited to the cases where it is clearly recognized that such award or recommendation actually concerns the product or business.
(7) A representation by which the whiskey may be misunderstood to be one that will not cause drunkenness is displayed.
(8) A representation by which the quality may be misunderstood to be better than it actually is, such as stressing that more or less of a particular ingredient is contained, is displayed.

(Establishment of Detailed Rules)
Article 4 
The Association may establish detailed rules concerning the operation of the Regulations and these Enforcement Rules.Supplementary Provision
1 All changes to the Enforcement Rules shall take effect on the date of the enforcement of the institution law of the Fair Trade Commission and the Secretary-General of the Consumer Affairs Agency.
2 Representations made by business operators before the day when the above changes become effective (hereinafter referred to as the “Effective Date”) shall be governed by the provisions then in force.
3 With regard to representations of whiskeys to be imported from the Effective Date to March 31, 2020, the previous provisions may still be applied.