What makes a requirement binding here
The Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices — Act No. 145 of 1960, universally shortened to the PMD Act. It covers pharmaceuticals, quasi-drugs, cosmetics, medical devices and regenerative medicine products in one instrument, which is worth noting on its own: the quasi-drug category has no clean equivalent in the United States or the European Union, and a product that is a cosmetic in one market can be a quasi-drug here with different obligations attached.
Through a licence structure that separates selling from making, and through two authorities with different jobs. The Ministry of Health, Labour and Welfare takes the administrative action — marketing approval for a product is granted by the Minister — while the Pharmaceuticals and Medical Devices Agency performs the review and the post-market safety work. A company needs a marketing business licence to place a product on the market and a manufacturing business licence to make it, and those are separate permissions held by potentially different entities.