Japan's food safety is in a critical condition. The current situation, where we are dependent on imports for most of our daily foods, is accelerating this crisis. There are many instances of food problems that have produced casualties or victims and developed into societal problems, from agricultural chemical residues and dioxin pollution to problems including the e.coli bacteria 0-157 and unapproved medicines (diet health foods). The discovery in September 2001 in Chiba Prefecture of a cow infected with BSE, which the Ministry of Agriculture, Forestry and Fisheries (MAFF) had declared did not exist in Japan, caused a loss of the Japanese people's confidence in food, with unrest spreading to both producers and consumers and distrust of the responses of the government and the administration, which should protect the people, reaching a peak.

On the other hand, the food producers that have caused scandals have caused a loss of confidence in foods other than the foods in issue, giving rise to large numbers of unemployed and bringing about immense damage to the relevant food markets. The numerous scandals caused by food producers are not problems that can be resolved by mass media or commonsense analysis, in other words by simply looking to the way the business prioritizes sales, a decline in morals or a lack of awareness of compliance issues for the cause.

Further, imported food safety issues, including agricultural chemical residues in frozen vegetables from China, have developed into a trade dispute between states due to the Japanese government's exercise of measures to suspend imports.

The main analytical aspects of Japan's current food problems include (1) the preservation of the health of the Japanese people, (2) devising means to secure and indicate safety in food production, processing and distribution, (3) an international response to the safety of imported foods and (4) a 180o shift from administration for suppliers and domestic stakeholders to administration for consumers and international stakeholders, in order to bring health to all of these aspects.

MAFF has, in its current reorganization, abolished its emblematic Food Agency and created a new Consumer Affairs and Food Safety Bureau. This should be interpreted, as with other reforms such as to the justice system, local government, the medical system and education, as a link in a chain of reforms that, viewed by users, eases access to systems and take the consumer's perspective. Arguably, this means progress towards administrative reform of the business owner or supplier-oriented administration practiced by each government office in the past and taking the part of Japanese food consumers. There is a marked accompanying movement towards reconsidering the hitherto centralist relations between the central and local governments and progressing decentralization.

A "Constitution" is, first and foremost, a fundamental law designed to defend the freedoms and rights of the people against the power of the state and enable the people to pursue freedom and happiness. Imitating this model, a food "Constitution" would secure the safety and freedom of the people from the nation's food administration and also be a set of fundamental rules enabling the people to freely choose foods taken from within Japan or overseas and to pursue an abundant culinary and health lifestyle. The Basic Food Safety Law that came into force in July this year is, indeed a food "Constitution" and is truly remarkable as a first step towards basic consumer-oriented laws. (Refer Document 1).
In the past, the laws and regulations concerning food safety were limited to laws that each covered separate areas, such as the Food Hygiene Law and the Agricultural Chemicals Control Law, with no comprehensive law on food safety. Further, the division of main responsibility for food safety between government agencies in MAFF and the Ministry of Health, Labour and Welfare meant there was an issue of inability to respond rapidly in emergency situations.

The Basic Law on Food Safety enacted on this occasion is landmark legislation linking food safety with community health and has "community health is the absolute priority" as its fundamental principle in Article 3. It further establishes a risk assessment system based on scientific knowledge and prescribes the adoption of necessary measures at each stage of the food supply process. It creates a new Food Safety Council in the Cabinet Office as an independent body to protect food safety and aims to eliminate the negative influence of the former vertical administrative division. Further, in addition to Article 9, which states that consumers should also bear an active role in relation to securing food safety, there are also provisions in relation to matters such as securing the appropriate implementation of food labeling systems.

The coming into effect of the Basic Law on Food Safety has made wide-ranging improvements to problems associated with food safety. However, the status of consumers in association with food safety under the Law is weak. This is illustrated by matters such as that, whilst an active role is indicated for consumers, there is no express provision on the rights of consumers and further, that there is no consumer representative included in the 7 members of the Food Safety Council. I hope the Food Safety Council Expert Committees will actively take the part of consumers as they interpret their role and carries out their tasks.

Information relating to food is an important standard by which consumers can judge safety. The disclosure of information about food and a disclosure system that covers the entire process from food production to its display in a store is extremely important from the side of food consumers. The manner of information disclosure and news coverage were major problems in a chain of issues concerning white radish sprouts suspected of being connected to 0-157 and in relation to BSE. Matters even developed into employment and economic issues such as panic in consumers receiving information, sales falling dramatically and affected business operators going bankrupt one after another. I am sure many readers recall reports of Naoto Kan, the then Minister for Health, eating white radish sprouts and Tsutomu Takebe, the then Minister for Agriculture, Forestry and Fisheries, eating beef at press conferences in order to establish the safety of these foods.

It follows that there is a need to construct a system for the release of accurate information about the processing history of food. There is almost no indication on foods sold generally and it is impossible to obtain accurate information. For instance, when one wishes to purchase vegetables, in most cases the vegetables themselves are directly exhibited and bought as they are at the shop front. There is no information as to when, in what region, by which producer and how they were grown (using what agricultural chemicals) and harvested. Naturally, accurate information is displayed in some cases, but in most instances including those from vegetables to fruits, meat, and fish, and in particular for fresh foods, there is no information displayed. It is frightening to put food in one's mouth without knowing where it came from; one false step could impact on one's life or health. Eating out is the same. When one eats in a restaurant one does not know the geographical origin of the meat or the name of the white-fleshed fish used in preparing the meal. It is no doubt impossible to obtain information as to where the cow or fish was born and what chemicals were used in raising it. The point in issue is not whether these foods are harmful or not. Even if they are harmless, the fact that consumers eat worrying that they might be harmful is the greatest problem and the point that leads to a loss in consumer confidence in food.

The BSE problem led to the enactment of the Law on Special Measures Relating to the Transmission and Management of Information on Identification of Individual Beef Carcasses (the Beef Traceability Law) and the fact that the traceability of domestic beef has been secured at every stage from production to distribution, retailing and eateries should be an opportunity to advance in the direction of displaying the entire processing route for such foods.

Whilst I have argued for seeking the disclosure of information from suppliers about the entire processing route for foods, taking one more step from a consumer's perspective, I would like for consumers to be able to obtain accurate information about foods. This can be extrapolated from the "right to know" in the Constitution and could be called 'the right to demand information disclosure about foods", with the proviso that, as the information will contain material which requires specialist scientific knowledge, I would like to propose the establishment of specialists in food safety. Food & Health Guidance consultants are already active in the field of health foods and my proposal is for the creation of a qualification for persons who act as, say, "Food Safety Advisors". They would provide answers for consumers who consulted them in order to obtain information about foods or when they felt uneasy. In others words we would give persons with specialist knowledge about foods a qualification as "Food Safety Advisors" and make it possible for an appropriate response to be made to inquiries from consumers.

At present as many as 10,000 inquiries about health foods and the same number in relation to foods in general are made each year to the National Consumer Affairs Center of Japan. (Refer Document 2). Further, it is clear from a survey (*) conducted by the Center, that the percentage of people who are dissatisfied with food labeling has reached 91.2% and 62.3% are suspicious of food labeling. What is more, when respondents were asked about whether consumers' opinions are reflected in food administration, around half thought that they were "not reflected". These figures are the expression of the fact that community confidence in relation to food has still not recovered.

In the first place, the government's greatest role is to protect the safety of the community. Today, as internationalization progresses, issues such as national defense and diplomacy, public order and maintenance of the social system, the environment and hygiene, health and disaster prevention are obvious when we speak of "safety". However, it is community food safety that is, above all, inseparably connected to the daily life of the entire community and a key matter that affects both safety and survival.

Under the current process of promoting community-oriented food safety policies, the bio-genetic engineering and DNA medical treatments advocated by the state as the creation of new industries may be an opportunity for the raising up of new 21st century Japanese industry projects. Whilst MAFF has achieved the maintenance and development of the traditional culinary lifestyle of the Japanese people to date, the creation of the Consumer Affairs and Food Safety Bureau should be a starting point from which we can expect policy development in conformity with a commitment to consumer confidence and expectations. This will be the birth of a Japanese identity where we will be able to show off our culinary culture to the world.

*1 National Consumer Affairs Center of Japan 33rd Survey of Trends in People's Lives (carried out during October ~ November 2002).

Document 1: Outline of the Basic Law on Food Safety (Law No. 48 of 2003)

Purpose (Article 1)
To establish fundamental principles in relation to food safety, clarifying the roles and obligations of stakeholders and the comprehensive promotion of plans for securing food safety through establishing basic policies for the planning of measures.

Fundamental Principles (Articles 3~5)

1. To enable necessary measures to secure food safety to be devised pursuant to the basic awareness that the protection of community health is the absolute priority.
2. To enable appropriate measures to secure food safety to be devised at each stage of the food supply process.
3. To enable necessary measures to secure food safety to be devised based on scientific knowledge whilst considering international trends and community opinions.

Roles and Obligations of Stakeholders (Articles 6~9)

• State obligations
  The comprehensive planning and implementation of measures to secure food safety consistent with the fundamental principles.
• Local government obligations
  The planning and implementation of measures in response to an appropriate division of roles with the state, consistent with the fundamental principles.
• Obligations of food-related business owners: To, consistently with the fundamental principles:
  - Be aware of having the primary responsibility for securing food safety and to appropriately devise necessary measures.
  - Endeavor to provide accurate and appropriate information.
  - Cooperate with the implementation of state and other measures.
• The Role of Consumers
  To deepen knowledge and understanding in relation to securing food safety as well as fulfilling an active role in securing food safety through endeavoring to express opinions in relation to measures.

Basic Policy on Planning Measures (Articles 11-21)

1. Implementation of assessment of the health impacts of foods* (Risk assessment)
   - The in-principle implementation of risk assessment in the planning of measures.
   - Where the matter is urgent, the provisional planning of measures with implementation of risk assessment to follow without delay.
   - Assessment to be implemented objectively and neutrally, based on the currently available standards of scientific knowledge
   * The assessment of the impact on people's health through the ingestion of a food due to biological, chemical or physical causes or circumstances related to the food.
2. Planning of measures based on the results of risk assessments as well as the consideration of the culinary lifestyles of the community. (Risk management)
3. Promotion of the provision of information, opportunities to state opinions and other sharing of information and opinions between stakeholders. (Risk communication)

(1) Preparation of systems including for the prevention of and coping with emergency situations.
(2) Planning measures in close cooperation with the relevant administrative bodies.
(3) Matters including the preparation of experimental research systems, the promotion of research and development and the training of researchers.
(4) Collection, management and utilization of domestic and international information.
(5) Matters including the appropriate use of labeling systems.
(6) Improving the furtherance of education and learning and publicity activities.
(7) Planning measures that take impact on the environment into account.

Basic Matters Related to the Implementation of Measures (Article 21)

• The government shall plan basic matters related to the implementation of measures * devised according to the above.
• The Prime Minister shall draft the basic matters after listening to the opinions of the Food Safety Council.
  * Matters including the implementation of risk assessments and coping with emergency situations and the like.

Establishment of the Food Safety Council (Articles 22-38)

(1) Jurisdictional Affairs

• Implementation of risk assessments in response to requests from relevant Ministers or acting alone.
• Reporting to relevant Ministers based on results of risk assessments.
• Oversight of the state of implementation of measures based on results of risk assessments and reporting to relevant Ministers.
• Conduct of investigative hearings and communication of opinions to heads of relevant administrative bodies (in emergency situations and the like)
• Implementation of surveys and research
• Preparation of collaboration with relevant administrative bodies or implementation acting alone in relation to the exchange of information and opinions between stakeholders. (Risk communication)
• Requests for submission of materials and demands for surveys in emergency situations and the like.

(2) Organization

• Council to be comprised of 7 members (3 part-time)
• Prime Minister to obtain the consent of the members of both Houses before appointing learned persons (for 3-year terms).
• Council Chairman to be chosen from full-time members by mutual election
• Establishment of specialist committees and administrative office.

Source: Office of the Food Safety Council

* Both tables refer to inquiries made to Consumer Affairs Centers nationally.

Source: 10 Major Issues seen in Consumer Affairs Centers in 2002, National Consumer Affairs Center.