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Qualifications · OTC Drug Seller (Tohan) Success Lab

Purpose of the Law and Classification of Pharmaceuticals

Read the questions and explanations in English. The lectures (explanatory articles) are available in Japanese only.

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Q1 | Purpose of the Law

Which of the following statements about the purpose stated in Article 1 of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (医薬品、医療機器等の品質、有効性及び安全性の確保等に関する法律, the PMD Act) is correct?

  1. Taking measures for the regulation of designated substances is not included among the purposes of this Act.
  2. This Act regulates only pharmaceuticals and medical devices, and does not cover quasi-drugs, cosmetics, or regenerative medicine products.
  3. This Act aims to improve public health and hygiene by carrying out the regulation necessary for securing the quality, efficacy, and safety of pharmaceuticals, quasi-drugs, cosmetics, medical devices, and regenerative medicine products, and for preventing the occurrence and spread of harm to public health and hygiene arising from their use.
  4. This Act aims to carry out the regulation necessary for securing the quality, efficacy, and safety of pharmaceuticals, quasi-drugs, cosmetics, medical devices, and regenerative medicine products, and does not include, among its purposes, matters concerning the promotion of research and development of pharmaceuticals, medical devices, and regenerative medicine products for which there is a particularly high medical need.
AnswerC. This Act aims to improve public health and hygiene by carrying out the regulation necessary for securing the quality, efficacy, and safety of pharmaceuticals, quasi-drugs, cosmetics, medical devices, and regenerative medicine products, and for preventing the occurrence and spread of harm to public health and hygiene arising from their use.

Article 1 of the Act provides for carrying out the regulation necessary for securing the quality, efficacy, and safety of pharmaceuticals, quasi-drugs, cosmetics, medical devices, and regenerative medicine products and for preventing the occurrence and spread of harm to public health and hygiene, as well as taking measures for the regulation of designated substances and measures necessary to promote research and development of pharmaceuticals, medical devices, and regenerative medicine products for which there is a particularly high medical need. Thus, promoting research and development and regulating designated substances are both included among its purposes, and its scope is not limited to pharmaceuticals and medical devices alone.

Q2 | Duties of Related Parties

Which of the following statements about the duties and roles set out in the PMD Act is incorrect?

  1. The duty of medical professionals under Article 1-5, Paragraph 1 of the Act applies only to physicians, dentists, pharmacists, and veterinarians, and a registered seller has no duty to endeavor to provide information.
  2. Article 1-6 of the Act provides that citizens must endeavor to use pharmaceuticals and the like appropriately and to deepen their knowledge and understanding of their efficacy and safety.
  3. A pharmacy owner, store-based retailer, or home-delivery retailer must have a registered seller engaged in the business take training provided by a training institution every fiscal year.
  4. Article 1-4 of the Act provides that a business operator related to pharmaceuticals and the like must endeavor to secure the quality, efficacy, and safety of pharmaceuticals and the like by taking necessary measures such as exchanging information with related parties.
AnswerA. The duty of medical professionals under Article 1-5, Paragraph 1 of the Act applies only to physicians, dentists, pharmacists, and veterinarians, and a registered seller has no duty to endeavor to provide information.

Article 1-5, Paragraph 1 of the Act sets out the duty to endeavor to provide accurate and appropriate information for "physicians, dentists, pharmacists, veterinarians, and other medical professionals," and a registered seller, as a medical professional as well, needs to endeavor to keep up with the latest information daily and to pursue self-improvement so as to be able to provide accurate and appropriate information to purchasers and others. The other three statements are all correct as stated in the Guide.

Q3 | Registration to Engage in Sales

Which of the following statements about a registered seller is correct?

  1. Once a person has passed the registered seller examination, that person legally becomes a registered seller without needing to receive registration to engage in sales.
  2. The registered seller examination is administered by the Minister of Health, Labour and Welfare.
  3. A person who has passed the examination administered by a prefectural governor to confirm that a person intending to engage in the sale or supply of over-the-counter medicines has the qualities necessary for that purpose, and who intends to engage in the sale or supply of medicines, must receive registration from the prefectural governor.
  4. In taking the examination administered by a prefectural governor to confirm the necessary qualities for engaging in the sale or supply of over-the-counter medicines, a certain educational background or practical experience continues to be required even from fiscal year 27 of the Heisei era (2015) onward, and a person lacking these cannot take the examination.
AnswerC. A person who has passed the examination administered by a prefectural governor to confirm that a person intending to engage in the sale or supply of over-the-counter medicines has the qualities necessary for that purpose, and who intends to engage in the sale or supply of medicines, must receive registration from the prefectural governor.

A registered seller is defined under Article 4, Paragraph 5, Item 1 of the Act as "a person who has received the registration under Article 36-8, Paragraph 2," so passing the examination alone does not make one a registered seller. The examination is administered by the prefectural governor, and from the fiscal year 2015 examination onward, the eligibility requirements (educational background/practical experience) for taking the examination were abolished; instead, a certain amount of practical/business experience came to be required of a registered seller who becomes a manager or acting manager.

Q4 | Where to Apply for Registration

Which of the following statements about applying for registration to engage in sales is correct?

  1. The application form must be submitted to the prefectural governor of the location of the pharmacy or medicine-sales business store where the applicant engages in the sale or supply of medicines (or, for a home-delivery retail business, the governor of the prefecture whose area includes the area where the applicant intends to make deliveries).
  2. The application form must be submitted to the prefectural governor of the applicant's place of residence.
  3. The application form must be submitted to the prefectural governor of the location where the applicant took and passed the registered seller examination.
  4. The application form must be submitted to the Minister of Health, Labour and Welfare via the prefectural governor of the location of the pharmacy or medicine-sales business store where the applicant engages in the sale or supply of medicines (or, for a home-delivery retail business, the governor of the prefecture whose area includes the area where the applicant intends to make deliveries).
AnswerA. The application form must be submitted to the prefectural governor of the location of the pharmacy or medicine-sales business store where the applicant engages in the sale or supply of medicines (or, for a home-delivery retail business, the governor of the prefecture whose area includes the area where the applicant intends to make deliveries).

Under Article 159-7 of the Ordinance, the destination for submitting an application for registration to engage in sales is the prefectural governor of the location of the pharmacy or store where the applicant engages in the sale or supply of medicines (or, for a home-delivery retail business, the governor of the prefecture whose area includes the area where the applicant intends to make deliveries). It is not the governor of the applicant's place of residence or of the examination location, nor is it submitted to the Minister of Health, Labour and Welfare.

Q5 | Registration in Multiple Prefectures

Which of the following statements about a person who has applied to receive registration to engage in sales in two or more prefectures is correct?

  1. The person can receive registration from two or more prefectural governors only if the stores where the person is engaged are located in multiple prefectures.
  2. The person can receive registration from only one of the prefectural governors to whom the application was made.
  3. The person can receive registration from two or more prefectural governors with the approval of the Minister of Health, Labour and Welfare.
  4. The person can receive registration from every prefectural governor to whom the application was made.
AnswerB. The person can receive registration from only one of the prefectural governors to whom the application was made.

Under Article 159-7, Paragraph 3 of the Ordinance, a person who has applied to receive registration to engage in sales in two or more prefectures can receive registration from only one of the prefectural governors to whom the application was made. There is no exception provision allowing multiple simultaneous registrations, nor any exception based on store location or approval by the Minister of Health, Labour and Welfare.

Q6 | Register of Registered Sellers

Which of the following statements about the register of registered sellers and the items to be registered is incorrect?

  1. The registered seller's place of residence is entered in the register of registered sellers.
  2. The registration number and date of registration, the prefecture of the registrant's family register (or, for a person who does not hold Japanese nationality, that person's nationality), name, date of birth, sex, and other items are entered in the register of registered sellers.
  3. When a prefectural governor has carried out registration to engage in sales, the governor must issue a certificate of registration to the person who received that registration.
  4. When a change occurs in a registered item, a registered seller must report that fact within 30 days.
AnswerA. The registered seller's place of residence is entered in the register of registered sellers.

The registered items under Article 159-8, Paragraph 1 of the Ordinance are the registration number and date of registration, the prefecture of the registrant's family register (or, for a person of foreign nationality, that nationality), name, date of birth, sex, the year and month the examination was passed, and the prefecture where the examination was taken, among others; the place of residence is not included. The issuance of a certificate of registration (Paragraph 2 of the same article) and the requirement to report a change within 30 days (Article 159-9 of the Ordinance) are both correct.

Q7 | Deletion of Registration

Which of the following statements about the deletion of registration to engage in sales, among other matters, is correct?

  1. When a registered seller develops a mental function impairment that makes continuing the business extremely difficult, that person must notify the prefectural governor who granted the registration of that fact within 90 days.
  2. When a registered seller no longer intends to engage in the sale or supply of over-the-counter medicines, that person must apply for deletion of the registration from the register of registered sellers within 60 days.
  3. When a registered seller dies, no application concerning deletion of registration is necessary.
  4. When a registered seller has died or been declared missing, the person under a duty to report the death or missing status under the Family Register Act must apply for deletion of the registration from the register of registered sellers within 30 days.
AnswerD. When a registered seller has died or been declared missing, the person under a duty to report the death or missing status under the Family Register Act must apply for deletion of the registration from the register of registered sellers within 30 days.

Under Article 159-10 of the Ordinance, in the case of death or a declaration of missing status, the person under a duty to report under the Family Register Act must apply for deletion within 30 days. An application for deletion when a person no longer intends to engage in the business is also due within 30 days (not 60 days). When a mental function impairment makes continuing the business extremely difficult, notification must be given "without delay," not within 90 days.

Q8 | Definition of a Pharmaceutical

Which of the following statements about the definition of "pharmaceutical" under Article 2, Paragraph 1 of the Act is correct?

  1. An item intended for use in diagnosing, treating, or preventing disease in animals is not included among pharmaceuticals.
  2. The definition of "pharmaceutical" includes items that are machinery or instruments.
  3. Among the pharmaceuticals listed in the Japanese Pharmacopoeia, none is sold as an over-the-counter medicine.
  4. "An item listed in the Japanese Pharmacopoeia" falls under the definition of a pharmaceutical.
AnswerD. "An item listed in the Japanese Pharmacopoeia" falls under the definition of a pharmaceutical.

Under Article 2, Paragraph 1, Item 1 of the Act, an item listed in the Japanese Pharmacopoeia (Nihon Yakkyokuho) is a pharmaceutical. The Pharmacopoeia sets out specifications and standards, among other matters, established by the Minister of Health, Labour and Welfare after hearing the opinion of the Pharmaceutical Affairs Council, and no small number of items listed in it are sold or formulated as over-the-counter medicines. Items 2 and 3 both concern "humans or animals" and are limited to items that are not machinery or instruments, so the other options are incorrect.

Q9 | Regulation of Pharmaceuticals

Which of the following statements about the regulation of the manufacture and sale, among other activities, of pharmaceuticals is correct?

  1. A pharmaceutical can be manufactured and sold without receiving approval for each individual product.
  2. An item never used directly on the human body, such as a diagnostic test kit, an insecticide, or a disinfectant for instruments, is not included among pharmaceuticals.
  3. The prohibition on selling a mislabeled or an unfit pharmaceutical applies only to the manufacturing and marketing pharmaceutical company, and does not apply to a pharmacy or a medicine-sales business.
  4. A pharmaceutical may not be manufactured and sold except by a person who has obtained "manufacturing and marketing business" authorization from the Minister of Health, Labour and Welfare.
AnswerD. A pharmaceutical may not be manufactured and sold except by a person who has obtained "manufacturing and marketing business" authorization from the Minister of Health, Labour and Welfare.

A pharmaceutical may not be manufactured and sold except by a person who has obtained manufacturing and marketing business authorization from the Minister of Health, Labour and Welfare (Article 12, Paragraph 1 of the Act), and approval must be obtained for each individual product after review of its quality, efficacy, and safety, among other matters (Article 14, Paragraph 1 of the Act, etc.). A pharmaceutical under Article 2, Paragraph 1, Item 2 of the Act also includes a pharmaceutical never used directly on the human body, such as a diagnostic test kit, an insecticide, or a disinfectant for instruments, and the prohibition on selling a mislabeled or an unfit pharmaceutical also applies to a pharmacy and to a medicine-sales business.

Q10 | Over-the-Counter Medicine

Which of the following statements about the definition of "over-the-counter medicine" (Article 4, Paragraph 5, Item 4 of the Act) is correct?

  1. It refers to a pharmaceutical supplied for the purpose of being used by, or used based on the prescription or instruction of, a physician or dentist.
  2. It refers to a pharmaceutical whose effect on the human body, in terms of its efficacy and effect, is significant, and which is intended to be used based on the consumer's own choice made using information provided by a pharmacist or other medical professional (excluding a designated-guidance-required pharmaceutical and a prescription pharmaceutical).
  3. It refers to a pharmaceutical whose effect on the human body, in terms of its efficacy and effect, is not significant, and which is intended to be used based on the consumer's own choice made using information provided by a pharmacist or other medical professional (excluding a designated-guidance-required pharmaceutical).
  4. It refers to a pharmaceutical designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as one for which in-person information provision and guidance based on pharmacological knowledge by a pharmacist are necessary for its appropriate use, and which is handled separately from over-the-counter medicines.
AnswerC. It refers to a pharmaceutical whose effect on the human body, in terms of its efficacy and effect, is not significant, and which is intended to be used based on the consumer's own choice made using information provided by a pharmacist or other medical professional (excluding a designated-guidance-required pharmaceutical).

The key points of the definition of an over-the-counter medicine are that its effect on the human body is "not significant" and that it is "intended to be used based on the consumer's own choice made using information provided by a pharmacist or other medical professional." "Significant effect" is incorrect; being used based on a prescription or instruction describes a prescription pharmaceutical, and being designated by the Minister of Health, Labour and Welfare as requiring in-person information provision and guidance by a pharmacist describes a designated-guidance-required pharmaceutical.

Q11 | Designated-Guidance-Required Pharmaceuticals

Which of the following statements about a designated-guidance-required pharmaceutical is correct?

  1. A designated-guidance-required pharmaceutical is never reclassified as an over-the-counter medicine after a prescribed period has passed.
  2. A designated-guidance-required pharmaceutical is designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as one for which in-person information provision and guidance based on pharmacological knowledge by a pharmacist are necessary for its appropriate use.
  3. A designated-guidance-required pharmaceutical is designated by the prefectural governor, after hearing the opinion of the Pharmaceutical Affairs Council, as one for which in-person information provision and guidance based on pharmacological knowledge by a registered seller are necessary for its appropriate use.
  4. A designated-guidance-required pharmaceutical is designated by the prefectural governor after hearing the opinion of the Pharmaceutical Affairs Council.
AnswerB. A designated-guidance-required pharmaceutical is designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as one for which in-person information provision and guidance based on pharmacological knowledge by a pharmacist are necessary for its appropriate use.

The guidance and information provision for a designated-guidance-required pharmaceutical is carried out by a pharmacist, not a registered seller. The designation is made not by the prefectural governor but by the Minister of Health, Labour and Welfare after hearing the opinion of the Pharmaceutical Affairs Council. Also, a designated-guidance-required pharmaceutical is reclassified as an over-the-counter medicine once a prescribed period has passed and the Pharmaceutical Affairs Council has determined that it is appropriate to treat it as an over-the-counter medicine, so the statement that it is never reclassified is also incorrect.

Q12 | Difference from Prescription Medicines

Which of the following statements about the difference between over-the-counter medicines and designated-guidance-required pharmaceuticals on one hand, and prescription pharmaceuticals on the other, is correct?

  1. A prescription pharmaceutical is a pharmaceutical supplied for the purpose of being used by, or used based on the prescription or instruction of, a physician or dentist.
  2. The dosage of an over-the-counter medicine or a designated-guidance-required pharmaceutical is determined each time by a physician or dentist through examination, tailored to the patient's condition, and then supplied.
  3. A prescription pharmaceutical is expected to be effective when used appropriately based on a predetermined dosage.
  4. As for the wording of efficacy/effect statements, over-the-counter medicines and designated-guidance-required pharmaceuticals are usually indicated by a diagnosed disease name (such as gastritis or gastric/duodenal ulcer), the same as prescription pharmaceuticals.
AnswerA. A prescription pharmaceutical is a pharmaceutical supplied for the purpose of being used by, or used based on the prescription or instruction of, a physician or dentist.

A prescription pharmaceutical is supplied for the purpose of being used by, or used based on the prescription or instruction of, a physician or dentist. As for the wording of efficacy/effect statements, a prescription pharmaceutical is indicated by a diagnosed disease name, whereas an over-the-counter medicine or designated-guidance-required pharmaceutical is indicated by a symptom that an ordinary consumer can judge (such as stomach pain or heartburn). As for dosage, a physician determines the amount to prescribe for a prescription pharmaceutical, whereas an over-the-counter medicine or designated-guidance-required pharmaceutical is based on a predetermined dosage, so the other options describe things in reverse and are incorrect.

Q13 | Scope of Efficacy/Effect Statements

Which of the following statements about over-the-counter medicines and designated-guidance-required pharmaceuticals is incorrect?

  1. A test kit whose specimen collection carries a direct risk to the body, such as one using blood as the specimen, is also recognized as an over-the-counter medicine or a designated-guidance-required pharmaceutical.
  2. A highly invasive method of use, such as injection, is not employed.
  3. No efficacy/effect claim is recognized for a disease (such as cancer or heart disease) that generally cannot be expected to be cured without medical treatment by a physician or the like.
  4. The efficacy/effect is indicated by a symptom that an ordinary consumer can judge (such as stomach pain, heartburn, nausea, or a feeling of fullness).
AnswerA. A test kit whose specimen collection carries a direct risk to the body, such as one using blood as the specimen, is also recognized as an over-the-counter medicine or a designated-guidance-required pharmaceutical.

Even a test kit not used directly on the human body is not recognized as an over-the-counter medicine or a designated-guidance-required pharmaceutical if its specimen collection carries a direct risk to the body (for example, one using blood as the specimen), so the statement that it is recognized is incorrect. The facts that a highly invasive method of use is not employed, that no efficacy/effect claim is recognized for a disease such as cancer or heart disease, and that efficacy/effect is indicated by a symptom an ordinary consumer can judge, are all correct as stated in the Guide.

Q14 | Poisonous and Powerful Drugs

Which of the following statements about poisonous drugs (dokuyaku) and powerful drugs (gekiyaku) is incorrect?

  1. A poisonous drug or powerful drug is designated not simply because of strong toxicity or potency/harmfulness, but also because, among other reasons, its therapeutically expected intake (medicinal dose) and its intake that risks poisoning (toxic dose) are close together, giving it a narrow margin of safety, so that handling it requires caution.
  2. A "poisonous drug" refers to a pharmaceutical designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as one with strong toxicity.
  3. At present, there are poisonous drugs or powerful drugs that are over-the-counter medicines.
  4. A "powerful drug" refers to a pharmaceutical designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as one with strong potency/harmfulness.
AnswerC. At present, there are poisonous drugs or powerful drugs that are over-the-counter medicines.

A poisonous drug or powerful drug can fall under the category of a designated-guidance-required pharmaceutical, but at present there is no poisonous drug or powerful drug that is an over-the-counter medicine, so the statement that such drugs exist among over-the-counter medicines is incorrect. The designation of both poisonous drugs and powerful drugs is made by the Minister of Health, Labour and Welfare after hearing the opinion of the Pharmaceutical Affairs Council (Article 44, Paragraphs 1 and 2 of the Act), and the statement that a drug may also be designated because its medicinal dose and toxic dose are close together, giving a narrow margin of safety, is correct.

Q15 | Labeling of Poisonous Drugs

Which of the following statements about the labeling required on the immediate container or wrapping of a poisonous drug is correct?

  1. The product name of the pharmaceutical and the character "毒" (poison) must be indicated in black on a white background with a black border.
  2. The product name of the pharmaceutical and the character "毒" (poison) must be indicated in white on a black background with a white border.
  3. The product name of the pharmaceutical and the character "毒" (poison) must be indicated in white on a red background with a white border.
  4. The product name of the pharmaceutical and the character "毒" (poison) must be indicated in red on a white background with a red border.
AnswerB. The product name of the pharmaceutical and the character "毒" (poison) must be indicated in white on a black background with a white border.

A poisonous drug must have the product name and the character "毒" (poison) indicated in white on a black background with a white border on its container, among other places (Article 44, Paragraph 1 of the Act). Red on a white background with a red border is the labeling for a powerful drug (Paragraph 2 of the same article); there is no provision for black on a white background or white on a red background. A poisonous or powerful drug that fails to meet this labeling requirement may not be sold or otherwise distributed (Article 44, Paragraph 3 of the Act).

Q16 | Labeling of Powerful Drugs

Which of the following statements about a powerful drug (gekiyaku) is correct?

  1. The product name of the pharmaceutical and the character "劇" (powerful) must be indicated in white on a red background with a white border on its container, among other places.
  2. The product name of the pharmaceutical and the character "劇" (powerful) must be indicated in red on a white background with a red border on its container, among other places.
  3. The product name of the pharmaceutical and the character "劇" (powerful) must be indicated in white on a black background with a white border on its container, among other places.
  4. A powerful drug that fails to meet the container labeling requirement may still be sold or otherwise distributed.
AnswerB. The product name of the pharmaceutical and the character "劇" (powerful) must be indicated in red on a white background with a red border on its container, among other places.

A powerful drug must have the product name and the character "劇" (powerful) indicated in red on a white background with a red border on its container, among other places (Article 44, Paragraph 2 of the Act). White on a black background with a white border is the labeling for a poisonous drug, so a description that swaps the colors and border is incorrect. Also, a poisonous or powerful drug that fails to meet this labeling requirement may not be sold or otherwise distributed (Article 44, Paragraph 3 of the Act), so the statement that it may still be sold is also incorrect.

Q17 | Storage and Display

Which of the following statements about the storage and display of a poisonous drug or powerful drug by a person who handles it in the course of business is correct?

  1. These provisions on the storage and display of a poisonous drug or powerful drug do not apply to a pharmacy owner or a medicine-sales business operator among those who handle these items in the course of business.
  2. The place where a powerful drug is stored or displayed must be kept locked.
  3. A poisonous drug and a powerful drug need not be stored and displayed separately from other items, and can be stored or displayed together with other pharmaceuticals in the same place.
  4. A poisonous drug or powerful drug must be stored and displayed separately from other items, and, in particular, the place where a poisonous drug is stored or displayed must be kept locked.
AnswerD. A poisonous drug or powerful drug must be stored and displayed separately from other items, and, in particular, the place where a poisonous drug is stored or displayed must be kept locked.

Under Article 48, Paragraphs 1 and 2 of the Act, a poisonous drug and a powerful drug must be stored and displayed separately from other items, and the obligation to keep the place locked applies to where a poisonous drug is stored or displayed. There is no locking requirement for a powerful drug. Also, a person who handles a poisonous drug or powerful drug in the course of business includes a pharmacy owner and a medicine-sales business operator, so the statement that the provisions do not apply to them is incorrect.

Q18 | Restrictions on Transfer

Which of the following statements about restrictions on the transfer of a poisonous drug or powerful drug is correct?

  1. Transferring a poisonous drug or powerful drug to a person under 14 years of age, or to any other person about whom there is concern regarding safe handling, is prohibited.
  2. "A person about whom there is concern regarding safe handling" does not include a prospective purchaser suspected of intending to abuse or misuse a sleep aid.
  3. A poisonous drug or powerful drug can be transferred to a person under 14 years of age if that person's guardian consents.
  4. Transferring a poisonous drug or powerful drug to a person under 16 years of age is prohibited.
AnswerA. Transferring a poisonous drug or powerful drug to a person under 14 years of age, or to any other person about whom there is concern regarding safe handling, is prohibited.

Under Article 47 of the Act, transferring a poisonous drug or powerful drug to a person under 14 years of age, or to any other person about whom there is concern regarding safe handling, is prohibited. The age standard is under 14, not under 16, and there is no exception provision allowing transfer with a guardian's consent. "A person about whom there is concern regarding safe handling" refers to a prospective purchaser suspected of, among other things, "abuse of a sleep aid" or "misuse," so the statement that such a person is not included is also incorrect.

Q19 | Document for Transfer

Which of the following is NOT a required entry in the document received from the transferee when a poisonous drug or powerful drug is sold or otherwise transferred to a member of the general public?

  1. Product name and quantity
  2. Transferee's age
  3. Purpose of use and date of transfer
  4. Transferee's name, address, and occupation
AnswerB. Transferee's age

Under Article 46, Paragraph 1 of the Act and Article 205 of the Ordinance, the document must record the product name, quantity, purpose of use, date of transfer, and the transferee's name, address, and occupation, and must be signed or stamped with a registered seal. The transferee's age is not among the required entries. Note that, in place of this document, a record kept in an electronic file meeting certain conditions may also be used.

Q20 | Selling with the Seal Broken

Which of the following statements about selling a poisonous drug or powerful drug with its seal broken is correct?

  1. A medicine-sales business operator other than a store-based retailer whose store manager is a pharmacist, or a wholesale seller whose medicine business-office manager is a pharmacist, must not sell a poisonous drug or powerful drug with its seal broken.
  2. A store-based retailer whose store manager is a registered seller, and a wholesale seller whose medicine business-office manager is a registered seller, are permitted to sell a poisonous drug or powerful drug with its seal broken.
  3. Any medicine-sales business operator can sell a poisonous drug or powerful drug with its seal broken, regardless of whether its store manager or medicine business-office manager is a pharmacist or a registered seller.
  4. A home-delivery retailer is permitted to sell a poisonous drug or powerful drug with its seal broken.
AnswerA. A medicine-sales business operator other than a store-based retailer whose store manager is a pharmacist, or a wholesale seller whose medicine business-office manager is a pharmacist, must not sell a poisonous drug or powerful drug with its seal broken.

Under Article 45 of the Act, only a store-based retailer whose store manager is a pharmacist, and a wholesale seller whose medicine business-office manager is a pharmacist, are permitted to sell a poisonous drug or powerful drug with its seal broken. Therefore, the statements that any sales business operator can do so, or that a store-based retailer whose manager is a registered seller or a home-delivery retailer can do so, are all incorrect. A violation is subject to a penalty.

Q21 | Biological Products

Which of the following statements about biological products (seibutsu-yurai seihin) is incorrect?

  1. At present, there is no over-the-counter medicine or designated-guidance-required pharmaceutical designated as a biological product.
  2. A biological product is designated with attention to the risk of infectious disease arising from the use of the product.
  3. A pharmaceutical manufactured using a plant-derived item as a raw material or ingredient is also subject to designation as a biological product.
  4. Even an item using a biologically derived raw material is not subject to designation if, based on current scientific knowledge, the probability of a risk of infectious disease is extremely low.
AnswerC. A pharmaceutical manufactured using a plant-derived item as a raw material or ingredient is also subject to designation as a biological product.

A biological product is defined as "a pharmaceutical, quasi-drug, cosmetic, or medical device manufactured using as a raw material or ingredient something derived from a human or other organism (excluding plants), that is designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as requiring special attention to public health and hygiene" (Article 2, Paragraph 10 of the Act), and plant-derived items are excluded, so the statement that they are subject to designation is incorrect. The other three statements are correct as stated in the Guide.

Q22 | Class 1 Pharmaceuticals

Which of the following statements about a Class 1 pharmaceutical (第一類医薬品) is correct?

  1. It is a pharmaceutical designated by the prefectural governor, among pharmaceuticals presenting a risk of health harm to a degree that interferes with daily life due to a side effect or the like, as one requiring particular caution in its use, as well as a pharmaceutical that was found to fall under Article 14, Paragraph 12 of the Act at the time of application for manufacturing and marketing approval, and for which the prescribed period set by Ministry of Health, Labour and Welfare ordinance has elapsed since the approval for that application was granted.
  2. A Class 1 pharmaceutical is an over-the-counter medicine with relatively low risk to public health and hygiene, presenting no risk of health harm to a degree that interferes with daily life due to a side effect or the like.
  3. It is a pharmaceutical designated by the Minister of Health, Labour and Welfare, among pharmaceuticals presenting a risk of health harm to a degree that interferes with daily life due to a side effect or the like, as one requiring particular caution in its use, as well as a pharmaceutical that was found to fall under Article 14, Paragraph 12 of the Act at the time of application for manufacturing and marketing approval, and for which the prescribed period set by Ministry of Health, Labour and Welfare ordinance has not elapsed since the approval for that application was granted.
  4. A so-called switch OTC medicine or direct OTC medicine is never classified as a Class 1 pharmaceutical.
AnswerC. It is a pharmaceutical designated by the Minister of Health, Labour and Welfare, among pharmaceuticals presenting a risk of health harm to a degree that interferes with daily life due to a side effect or the like, as one requiring particular caution in its use, as well as a pharmaceutical that was found to fall under Article 14, Paragraph 12 of the Act at the time of application for manufacturing and marketing approval, and for which the prescribed period set by Ministry of Health, Labour and Welfare ordinance has not elapsed since the approval for that application was granted.

A Class 1 pharmaceutical is provided for in Article 36-7, Paragraph 1, Item 1 of the Act; the first part concerns items designated by the Minister of Health, Labour and Welfare as over-the-counter medicines containing an ingredient presenting a particularly high risk to public health and hygiene, and the second part concerns a pharmaceutical, differing clearly in active ingredient from an existing designated-guidance-required pharmaceutical or over-the-counter medicine, that has been classified as an over-the-counter medicine (a so-called switch OTC or direct OTC medicine, etc.) for which the prescribed period has not yet elapsed. Relatively low risk describes a Class 3 pharmaceutical, and the designation is made by the Minister of Health, Labour and Welfare, not the prefectural governor.

Q23 | Designated Class 2 Pharmaceuticals

Which of the following statements about a Class 2 pharmaceutical (第二類医薬品) and a designated Class 2 pharmaceutical (指定第二類医薬品) is correct?

  1. A Class 2 pharmaceutical is an over-the-counter medicine other than a Class 1 pharmaceutical and a Class 3 pharmaceutical.
  2. Among Class 2 pharmaceuticals, one "designated by the Minister of Health, Labour and Welfare as requiring special caution" is called a "designated Class 2 pharmaceutical."
  3. A "designated Class 2 pharmaceutical" refers to one designated by the Minister of Health, Labour and Welfare, among Class 3 pharmaceuticals, as requiring special caution.
  4. A Class 2 pharmaceutical is a pharmaceutical presenting no risk of health harm to a degree that interferes with daily life due to a side effect or the like.
AnswerB. Among Class 2 pharmaceuticals, one "designated by the Minister of Health, Labour and Welfare as requiring special caution" is called a "designated Class 2 pharmaceutical."

A designated Class 2 pharmaceutical is, among Class 2 pharmaceuticals, one "designated by the Minister of Health, Labour and Welfare as requiring special caution," and it is not designated from among Class 3 pharmaceuticals. A Class 2 pharmaceutical is "a pharmaceutical presenting a risk of health harm to a degree that interferes with daily life due to a side effect or the like (excluding a Class 1 pharmaceutical) that is designated by the Minister of Health, Labour and Welfare," so the statement that it presents no such risk, and the definition given as "other than Class 1 and Class 3" (which is actually the form of the definition of Class 3), are both incorrect.

Q24 | Class 3 Pharmaceuticals

Which of the following statements about a Class 3 pharmaceutical (第三類医薬品) is correct?

  1. A Class 3 pharmaceutical is an over-the-counter medicine other than a Class 1 pharmaceutical and a Class 2 pharmaceutical, and one with relatively low risk to public health and hygiene.
  2. A Class 3 pharmaceutical is an over-the-counter medicine with low risk to public health and hygiene, presenting no risk of a change or disorder in bodily condition due to a side effect or the like.
  3. A Class 3 pharmaceutical is an over-the-counter medicine designated by the Minister of Health, Labour and Welfare as one with relatively low risk to public health and hygiene, in the same manner as a Class 1 or Class 2 pharmaceutical.
  4. A Class 3 pharmaceutical is never reclassified into a Class 1 pharmaceutical or a Class 2 pharmaceutical.
AnswerA. A Class 3 pharmaceutical is an over-the-counter medicine other than a Class 1 pharmaceutical and a Class 2 pharmaceutical, and one with relatively low risk to public health and hygiene.

A Class 3 pharmaceutical is an over-the-counter medicine other than a Class 1 pharmaceutical and a Class 2 pharmaceutical, and while its risk to public health and hygiene is relatively low, there remains a risk of a change or disorder in bodily condition due to a side effect or the like, though not to a degree that interferes with daily life. It is not designated by the Minister of Health, Labour and Welfare in the manner of a Class 1 or Class 2 pharmaceutical. Also, if it becomes clear that a pharmaceutical presents a risk of a side effect to a degree that interferes with daily life, it can be reclassified into a Class 1 pharmaceutical or a Class 2 pharmaceutical.

Q25 | Changing the Classification

Which of the following statements about the designation and change of the risk classification of an over-the-counter medicine is correct?

  1. A pharmaceutical newly classified as an over-the-counter medicine is classified as a Class 3 pharmaceutical for a certain period after approval.
  2. The designation of a Class 1 or Class 2 pharmaceutical is made without regard to the ingredient contained in the over-the-counter medicine or its intended purpose of use, and new knowledge concerning safety or the pattern of side-effect occurrence is never taken into account.
  3. Once the risk classification of an over-the-counter medicine has been assigned, it is fixed and never changed, even if new knowledge concerning safety is obtained or the pattern of side-effect occurrence changes.
  4. The Minister of Health, Labour and Welfare must endeavor to collect information on pharmaceuticals to assist in the designation of a Class 1 or Class 2 pharmaceutical, and must change such a designation as necessary.
AnswerD. The Minister of Health, Labour and Welfare must endeavor to collect information on pharmaceuticals to assist in the designation of a Class 1 or Class 2 pharmaceutical, and must change such a designation as necessary.

Under Article 36-7, Paragraph 2 of the Act, the Minister of Health, Labour and Welfare must endeavor to collect information and must change the Class 1 or Class 2 designation as necessary. As a result, classifications are reviewed as appropriate based on new knowledge concerning safety and the pattern of side-effect occurrence, so the statement that they are never changed is incorrect. A pharmaceutical newly classified as an over-the-counter medicine is classified as a Class 1 pharmaceutical for a certain period after approval. The designation is made with attention to the contained ingredient or its intended purpose of use, so the statement that it is unrelated to these is also incorrect.

Q26 | Risk Classification

Which of the following statements about the risk classification of over-the-counter medicines is incorrect?

  1. A pharmaceutical newly classified as an over-the-counter medicine is classified as a Class 1 pharmaceutical for a certain period after approval, and is then classified as a Class 1, Class 2, or Class 3 pharmaceutical based on an evaluation of information collected during that period regarding side-effect occurrence and the state of appropriate use, among other matters.
  2. Whether to state, on each product's outer box or the like, the matters prescribed for the assigned risk classification is left to the discretion of the pharmaceutical company.
  3. The classification into a Class 1, Class 2, or Class 3 pharmaceutical is reviewed as appropriate based on new knowledge concerning safety and the pattern of side-effect occurrence, among other matters.
  4. An over-the-counter medicine is classified into a Class 1, Class 2, or Class 3 pharmaceutical according to its risk to public health and hygiene.
AnswerB. Whether to state, on each product's outer box or the like, the matters prescribed for the assigned risk classification is left to the discretion of the pharmaceutical company.

A pharmaceutical company that manufactures and markets an over-the-counter medicine is obligated to confirm which risk classification the medicine falls under and to state the matters prescribed for that risk classification on each product's outer box or the like, so that purchasers can readily distinguish the degree of risk; this is not left to the company's discretion. The three-tier classification by risk (Article 36-7, Paragraph 1 of the Act), the temporary Class 1 classification for a newly classified over-the-counter medicine followed by classification based on evaluation, and the ongoing review as appropriate, are all correct as stated in the Guide.

Q27 | Labeling on Containers, Etc.

Which of the following statements about labeling on a pharmaceutical's container, outer box, or the like is correct?

  1. When a pharmaceutical's container is packaged for retail sale and the labeling on the container cannot easily be seen through the outer container or wrapping, the same matters must also be stated on the outer box or the like.
  2. It is provided that, when a pharmaceutical's container is packaged for retail sale and the labeling on the container cannot easily be seen through the outer container or wrapping, there is no need to state the same matters on the outer box or the like.
  3. The legally required labeling matters need not be stated on the pharmaceutical's immediate container or wrapping, and it is sufficient if they are stated in the package insert.
  4. Labeling based on Article 44, Paragraph 1 or 2 of the Act concerning a poisonous drug or powerful drug is not included among the legally required labeling.
AnswerA. When a pharmaceutical's container is packaged for retail sale and the labeling on the container cannot easily be seen through the outer container or wrapping, the same matters must also be stated on the outer box or the like.

Under Article 51 of the Act, when the labeling on a container cannot easily be seen through the outer box or the like, the same matters must also be stated on the outer box or the like. A pharmaceutical must have the necessary matters stated on its immediate container or wrapping under Article 50 of the Act, and this cannot be replaced by stating them only in the package insert. Also, the labeling required under Article 44, Paragraphs 1 and 2, Article 50, and Article 51 of the Act is collectively called the "legally required labeling," so the statement that labeling for a poisonous drug or powerful drug is not included is also incorrect.

Q28 | Legally Required Labeling Matters

Which of the following statements about the legally required labeling matters for an over-the-counter medicine and a designated-guidance-required pharmaceutical is correct?

  1. An over-the-counter medicine requires the characters "一般用医薬品" (over-the-counter medicine) to be stated.
  2. Stating the name or designation and address of the manufacturing and marketing business operator, among others, is not required.
  3. An over-the-counter medicine requires wording indicating its risk classification to be stated.
  4. For a pharmaceutical other than one listed in the Japanese Pharmacopoeia, there is no need to state the name and amount of its active ingredient.
AnswerC. An over-the-counter medicine requires wording indicating its risk classification to be stated.

The legally required labeling matters include wording indicating the risk classification of an over-the-counter medicine. Note that it is not the characters "一般用医薬品" (over-the-counter medicine) that are required — the characters "要指導医薬品" (designated-guidance-required pharmaceutical) are required for a designated-guidance-required pharmaceutical. Also, the name or designation and address of the manufacturing and marketing business operator, and the name and amount of the active ingredient for a pharmaceutical other than one listed in the Japanese Pharmacopoeia, are also legally required labeling matters, so the statements that these are not required are all incorrect.

Q29 | Expiration Date Labeling

Which of the following statements about the legally required labeling matters is incorrect?

  1. An over-the-counter medicine other than a home-delivery product requires the wording "For store sale only" to be stated.
  2. A designated Class 2 pharmaceutical requires the numeral "2" to be stated within a box.
  3. A pharmaceutical designated by the Minister of Health, Labour and Welfare as one that could cause health harm if accidentally sprayed, dispersed, or otherwise applied to the human body (such as an insecticide) requires the wording "Caution — do not use on the human body" to be stated.
  4. Even a pharmaceutical whose properties and quality remain stable for more than three years under appropriate storage conditions is required to have an expiration date stated on all pharmaceuticals.
AnswerD. Even a pharmaceutical whose properties and quality remain stable for more than three years under appropriate storage conditions is required to have an expiration date stated on all pharmaceuticals.

The requirement to state an expiration date applies to a pharmaceutical designated by the Minister of Health, Labour and Welfare, such as one whose properties and quality are not stable for more than three years under appropriate storage conditions, and not to all pharmaceuticals. The wording "Caution — do not use on the human body" for an insecticide or similar product, the wording "For store sale only" for an over-the-counter medicine other than a home-delivery product, and the numeral "2" within a box for a designated Class 2 pharmaceutical, are all correctly stated as legally required labeling matters.

Q30 | The Characters "Japanese Pharmacopoeia"

Which of the following statements about the legally required labeling matters is correct?

  1. Stating the manufacturing (lot) number or manufacturing (lot) code is not required.
  2. For a pharmaceutical listed in the Japanese Pharmacopoeia, the characters "Japanese Pharmacopoeia" or the like are required to be stated.
  3. For a pharmaceutical listed in the Japanese Pharmacopoeia, the name stated is not the name established in the Pharmacopoeia, but the brand name.
  4. Stating the net content, such as weight, volume, or count, is not required.
AnswerB. For a pharmaceutical listed in the Japanese Pharmacopoeia, the characters "Japanese Pharmacopoeia" or the like are required to be stated.

For a pharmaceutical listed in the Japanese Pharmacopoeia, the characters "Japanese Pharmacopoeia" or the like are among the legally required labeling matters. For the name, a pharmaceutical listed in the Pharmacopoeia (limited to one whose properties or quality conform to the Pharmacopoeia's standards) states the name established in the Pharmacopoeia. The manufacturing (lot) number or manufacturing (lot) code, and the net content such as weight, volume, or count, are also legally required labeling matters, so the statements that they are not required are incorrect.

Q31 | Prohibited Labeling Matters

Which of the following is NOT a matter prohibited (under Article 54 of the Act) from being stated in a document attached to a pharmaceutical, or on its container or outer box, among other places?

  1. An efficacy, effect, or performance for which approval has not been obtained
  2. A method of use, dosage, or period of use that presents a danger to public health and hygiene
  3. A matter concerning the pharmaceutical that is false or likely to cause misunderstanding
  4. The pharmaceutical's manufacturing number or manufacturing code
AnswerD. The pharmaceutical's manufacturing number or manufacturing code

The matters prohibited from being stated under Article 54 of the Act are three: a matter concerning the pharmaceutical that is false or likely to cause misunderstanding, an efficacy, effect, or performance for which approval has not been obtained, and a method of use, dosage, or period of use that presents a danger to public health and hygiene. The manufacturing (lot) number or manufacturing (lot) code is, far from being prohibited, actually a legally required labeling matter that must be stated on the container, among other places, under Article 50 of the Act, so this is the incorrect option.

Q32 | Method of Labeling

Which of the following statements about the legally required labeling, among other matters, of a pharmaceutical is correct?

  1. Even a mislabeled pharmaceutical may be sold by a pharmacy or a medicine-sales business.
  2. The legally required labeling matters and the entries in the package insert, among other documents, must be placed in a location easier to see than other text, articles, pictures, or designs, and must be accurate, using terms that purchasers and others can easily read and understand.
  3. It is provided that the legally required labeling matters and the entries in the package insert, among other documents, need only be accurate, using terms that purchasers and others can easily read and understand, and need not be stated with particular clarity, and may be stated in English rather than in Japanese.
  4. The prohibition on selling a mislabeled pharmaceutical applies only to the manufacturing and marketing pharmaceutical company, and does not apply to a pharmacy.
AnswerB. The legally required labeling matters and the entries in the package insert, among other documents, must be placed in a location easier to see than other text, articles, pictures, or designs, and must be accurate, using terms that purchasers and others can easily read and understand.

Under Article 53 of the Act, the legally required labeling matters and the entries in the package insert, among other documents, must be placed in an easy-to-see location, must be accurate using terms that purchasers can easily read and understand, must be stated with particular clarity (Article 217 of the Ordinance), and must be in Japanese (Article 218 of the Ordinance), so the statement allowing English is incorrect. A mislabeled pharmaceutical must not be sold or otherwise distributed (Article 55, Paragraph 1 of the Act), and this provision also applies to a pharmacy and to a medicine-sales business, so the other two statements are also incorrect.

Q33 | Designation for Abuse Prevention

Which of the following statements about a designated abuse-prevention pharmaceutical (指定濫用防止医薬品) is incorrect?

  1. Ephedrine, codeine, and dihydrocodeine (in each case excluding an external preparation) are among the designated ingredients.
  2. A designated abuse-prevention pharmaceutical is a pharmaceutical designated by the Minister of Health, Labour and Welfare, after hearing the opinion of the Pharmaceutical Affairs Council, as one presenting a risk, if abused, of causing central nervous system excitation or depression or hallucination, and requiring measures to prevent this.
  3. An external preparation containing diphenhydramine as an active ingredient falls under a designated abuse-prevention pharmaceutical.
  4. A designated abuse-prevention pharmaceutical requires the wording "confirmation required" or the like to be stated as legally required labeling.
AnswerC. An external preparation containing diphenhydramine as an active ingredient falls under a designated abuse-prevention pharmaceutical.

The designated ingredients are the eight ingredients ephedrine, codeine, dihydrocodeine, diphenhydramine, dextromethorphan, pseudoephedrine, bromovalerylurea, and methylephedrine, together with their hydrates and salts, but each of these is stated as "excluding, however, an external preparation," so an external preparation does not fall under this category. The required labeling is the wording "confirmation required" for a product whose content is at or below the amount prescribed by ministerial ordinance, and, for other products, the character "要" (required) enclosed in a circle or box.

Q34 | Quasi-Drugs

Which of the following statements about a quasi-drug (医薬部外品) is correct?

  1. An item used for the purpose of "preventing nausea or other discomfort, or bad breath or body odor" is not included among quasi-drugs, even if its effect on the human body is mild, and is instead handled as a cosmetic.
  2. Manufacturing and marketing a quasi-drug does not require obtaining manufacturing and marketing business authorization, unlike a pharmaceutical.
  3. A quasi-drug is permitted to display or claim a pharmaceutical-like efficacy or effect, on the condition that its efficacy/effect falls within a predetermined scope and that, in light of its ingredients and method of use, among other factors, its effect on the human body is mild.
  4. Selling a quasi-drug requires obtaining medicine-sales business authorization, the same as for a pharmaceutical.
AnswerC. A quasi-drug is permitted to display or claim a pharmaceutical-like efficacy or effect, on the condition that its efficacy/effect falls within a predetermined scope and that, in light of its ingredients and method of use, among other factors, its effect on the human body is mild.

A quasi-drug is permitted to display or claim a pharmaceutical-like efficacy or effect, on the condition that its efficacy/effect falls within a predetermined scope and that its effect on the human body is mild. Manufacturing and marketing it requires manufacturing and marketing business authorization (Article 12, Paragraph 1 of the Act), but selling it does not require medicine-sales business authorization as with a pharmaceutical, and it can be sold at an ordinary retail store. "Preventing nausea or other discomfort, or bad breath or body odor" is a purpose of use for a quasi-drug listed in Article 2, Paragraph 2, Item 1(a) of the Act.

Q35 | Labeling of Quasi-Drugs

Which of the following statements about the labeling of a quasi-drug is correct?

  1. Among the product groups used for controlling sanitary insect pests, one that was formerly a pharmaceutical but has been transitioned to a quasi-drug carries the identifying label "quasi-drug for pest control" (防除用医薬部外品).
  2. A product group used for controlling sanitary insect pests (rats, flies, mosquitoes, fleas, and other similar organisms) carries the identifying label "quasi-drug for pest control" (防除用医薬部外品).
  3. The provisions prohibiting the sale of an unfit or mislabeled quasi-drug do not apply to quasi-drugs.
  4. Unlike a pharmaceutical, stating the characters "医薬部外品" (quasi-drug) on the immediate container or immediate wrapping of a quasi-drug is not legally required.
AnswerB. A product group used for controlling sanitary insect pests (rats, flies, mosquitoes, fleas, and other similar organisms) carries the identifying label "quasi-drug for pest control" (防除用医薬部外品).

A product group used for controlling sanitary insect pests carries the identifying label "quasi-drug for pest control" (防除用医薬部外品), while a product group that was formerly a pharmaceutical but has been transitioned to a quasi-drug carries the label "designated quasi-drug" (指定医薬部外品), so a statement that swaps these two is incorrect. Stating the characters "医薬部外品" (quasi-drug), among other things, on the immediate container or immediate wrapping of a quasi-drug is legally required (Article 59 of the Act), and the sale of an unfit or mislabeled quasi-drug is also prohibited, in the same way as for a pharmaceutical (applied mutatis mutandis under Article 60 of the Act).

Q36 | Definition of Cosmetics

Which of the following statements about cosmetics is correct?

  1. Selling a cosmetic requires obtaining medicine-sales business authorization, the same as for a pharmaceutical.
  2. A cosmetic is defined as "an item intended to be used on the body by application, spraying, or a similar method, to cleanse and beautify the human body, add to its attractiveness, alter its appearance, or keep the skin or hair healthy, and whose effect on the human body is mild."
  3. A cosmetic is permitted to display or claim a pharmaceutical-like efficacy or effect, as long as it stays within the scope of its definition.
  4. A cosmetic is defined as "an item intended to be used on the body by application, spraying, or a similar method, to cleanse and beautify the human body, add to its attractiveness, alter its appearance, or keep the skin or hair healthy," and pharmaceutical ingredients may be freely blended into its essential composition (raw materials).
AnswerB. A cosmetic is defined as "an item intended to be used on the body by application, spraying, or a similar method, to cleanse and beautify the human body, add to its attractiveness, alter its appearance, or keep the skin or hair healthy, and whose effect on the human body is mild."

The definition of a cosmetic is as set out in Article 2, Paragraph 3 of the Act, and displaying or claiming an efficacy or effect is permitted only within this scope; displaying or claiming a pharmaceutical-like efficacy or effect is never permitted at all. Selling it does not require medicine-sales business authorization as with a pharmaceutical, and it can be sold at an ordinary retail store. In principle, a pharmaceutical ingredient must not be blended into its essential composition either, and even where such blending is permitted, it is restricted to an amount at or below what could produce a pharmacological effect, such as when used as an additive.

Q37 | Regulation of Cosmetics

Which of the following statements about cosmetics and quasi-drugs is incorrect?

  1. When manufacturing and marketing a cosmetic as a business, no notification or approval whatsoever is required for each individual product.
  2. Some quasi-drugs, such as medicated cosmetic products, medicated soap, and medicated toothpaste products, are permitted to claim a cosmetic-like efficacy or effect.
  3. If a pharmaceutical-like efficacy or effect is displayed or claimed for a cosmetic, this constitutes a false or exaggerated advertisement, and, depending on the content of the claim, the product may also be deemed a pharmaceutical or a quasi-drug and become subject to enforcement action as an unapproved, unauthorized pharmaceutical or quasi-drug.
  4. Even where blending a pharmaceutical ingredient into a cosmetic is permitted, it is restricted to an amount at or below what could produce a pharmacological effect, such as when used as an additive.
AnswerA. When manufacturing and marketing a cosmetic as a business, no notification or approval whatsoever is required for each individual product.

When manufacturing and marketing a cosmetic as a business, a person who has obtained manufacturing and marketing business authorization must file a notification for each individual product in advance, and, for a cosmetic containing an ingredient designated by the Minister of Health, Labour and Welfare, must also obtain approval for each individual product, so the statement that nothing whatsoever is required is incorrect. The statements about enforcement action when a pharmaceutical-like efficacy or effect is claimed, the restriction on blending pharmaceutical ingredients, and medicated cosmetics and the like, are all correct as stated in the Guide.

Q38 | Foods for Specified Health Uses

Which of the following statements about a food for specified health uses (tokuho) is correct?

  1. Neither a food for specified health uses nor a conditional food for specified health uses carries a mark indicating Consumer Affairs Agency permission or the like.
  2. A food for specified health uses can be sold with a claim of a specific health-related use simply by having the business operator establish the scientific basis on its own responsibility and file a notification with the Commissioner of the Consumer Affairs Agency.
  3. A conditional food for specified health uses is one that has received permission or approval from the Commissioner of the Consumer Affairs Agency in the same manner as an ordinary food for specified health uses, without any statement that the scientific basis is limited.
  4. Making a claim of a specific health-related use requires undergoing an individual review of matters such as the physiological function or effect and safety of the specific health function, and obtaining permission or approval.
AnswerD. Making a claim of a specific health-related use requires undergoing an individual review of matters such as the physiological function or effect and safety of the specific health function, and obtaining permission or approval.

A food for specified health uses is a food that displays a claim that a specific health purpose can be expected, based on permission under Article 43, Paragraph 1 of the Health Promotion Act or approval under Article 63, Paragraph 1 of the same Act, and requires an individual review (mere notification suffices only for a food with function claims). One that does not reach the level of scientific basis required for permission, but for which a certain effect has been confirmed, is permitted on condition that a statement is made that the scientific basis is limited (a conditional food for specified health uses), and both types carry a mark indicating Consumer Affairs Agency permission or the like.

Q39 | Foods with Function Claims, Etc.

Which of the following statements about foods with health claims (hoken kino shokuhin) is correct?

  1. Foods for specified health uses, foods with nutrient function claims, and foods with function claims are collectively called "foods for special dietary uses."
  2. A food with function claims is one for which the business operator displays, on its own responsibility, the functionality of a functional ingredient based on scientific evidence, and for which the Commissioner of the Consumer Affairs Agency has granted individual permission, before sale, regarding information on the basis for its safety and functionality, among other matters.
  3. A food with function claims is one for which the business operator displays, on its own responsibility, the functionality of a functional ingredient based on scientific evidence, and for which information on the basis for its safety and functionality, among other matters, has been notified to the Commissioner of the Consumer Affairs Agency before sale.
  4. To display the function of a nutrient (such as a vitamin or mineral) as a food with nutrient function claims, the business operator must not make the claim on its own responsibility, but must instead undergo an individual review by the Commissioner of the Consumer Affairs Agency before sale and obtain that Commissioner's permission.
AnswerC. A food with function claims is one for which the business operator displays, on its own responsibility, the functionality of a functional ingredient based on scientific evidence, and for which information on the basis for its safety and functionality, among other matters, has been notified to the Commissioner of the Consumer Affairs Agency before sale.

A food with function claims is one for which the business operator displays functionality on its own responsibility, and for which the relevant information is notified to the Commissioner of the Consumer Affairs Agency before sale, unlike a food for specified health uses, it does not receive individual permission. A food with nutrient function claims operates under a self-certification system requiring no individual permission application, and is required to carry a statement that it has not undergone an individual review by the Commissioner of the Consumer Affairs Agency. The collective term for foods for specified health uses, foods with nutrient function claims, and foods with function claims is "foods with health claims," not "foods for special dietary uses."

Q40 | So-Called Health Foods

Which of the following statements about so-called "health foods" and the like is correct?

  1. A product in the form of a tablet, pill, capsule, or the like is to be judged as falling under the definition of a pharmaceutical based on its form alone, even when it is clearly indicated to be a food.
  2. A food other than a food with health claims may not have wording on its container or packaging that resembles the name of a food with health claims, or that indicates a nutrient's function or that a specific health purpose can be expected.
  3. The term "health food" is a term defined by law or regulation.
  4. A product sold, among other things, in the outward form of a food is never subject to enforcement action as an unapproved, unauthorized pharmaceutical, regardless of its essential composition or the content of any efficacy/effect claim.
AnswerB. A food other than a food with health claims may not have wording on its container or packaging that resembles the name of a food with health claims, or that indicates a nutrient's function or that a specific health purpose can be expected.

Under the provisions of the Food Labeling Standards, a food other than a food with health claims may not have wording on its container or packaging that resembles the name of a food with health claims or the like. "Health food" is not a term defined by law or regulation. For a product in the form of a tablet, pill, capsule, or the like, only when it is clearly indicated to be a food is it the case that the product is not judged as falling under the definition of a pharmaceutical based on its form alone. Even a product sold in the outward form of a food may become subject to enforcement action as an unapproved, unauthorized pharmaceutical if it is deemed to be a pharmaceutical in light of its essential composition or the content of any efficacy/effect claim.

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