Order Under the Act on Protection of Names of Specified Agricultural, Forestry and Fishery Products
Overview
The Ministry of Agriculture, Forestry and Fisheries confirmed that Fukumaru Foods Co., Ltd. labeled in transaction documents as “Echizen Crab” a product containing more than half Fukui Prefecture snow crab (water crab) that could not be labeled “Echizen Crab,” and provided it as a hometown tax donation reward from Echizen Town. The ministry ordered the company to inspect and remove the labeling, investigate the cause, and implement measures to prevent recurrence, and required it to submit a report on the measures within one month.
Key points
- The Ministry of Agriculture, Forestry and Fisheries ordered Fukumaru Foods to take measures concerning the improper use of a geographical indication.
- The period during which the improper labeling was confirmed ran from at least September 2020 through April 2026.
- The company was ordered to submit a report on the measures within one month.
Overview
The Geographical Indication (GI) protection system safeguards, as regional intellectual property, the names of agricultural, forestry, fishery products and foods whose quality and social reputation have been cultivated through the distinctive nature, history, culture, and customs of their regions. In this case, the Ministry of Agriculture, Forestry and Fisheries confirmed the improper labeling of “Echizen Crab” and ordered measures under Article 5 of the Act on Protection of Names of Specified Agricultural, Forestry and Fishery Products.
Impact
GI registration allows exclusive use of the registered product’s name and protects the brand by curbing improper use, helping eliminate imitations and prevent free riding.
Details
The subject of the order is Fukumaru Foods Co., Ltd. (corporate number 5210001017158; 20-4-1 Takasa, Echizen Town, Nyu District, Fukui Prefecture).
The company used snow crab (water crab) from Fukui Prefecture, which could not be labeled “Echizen Crab,” as an ingredient, and included more than half of it in a product that it labeled “Echizen Crab” in transaction documents with Echizen Town and provided as a hometown tax donation reward from the town. The Ministry of Agriculture, Forestry and Fisheries found this to be improper use in violation of Article 3, Paragraph 2 of the Act.
The order requires the company to inspect the labeling and registered mark on the relevant agricultural, forestry, fishery products and their packaging, advertisements, price lists, and transaction documents, and to remove or erase any violations; investigate the cause; educate directors and employees about the system and ensure compliance; and implement and publicize measures to prevent recurrence. The company was ordered not to make or use violating labels going forward and to submit a report on inspection and other measures to the Minister of Agriculture, Forestry and Fisheries within one month.