MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA DECREE NO: CONCERNING

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1 MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA DECREE NO: CONCERNING OBLIGATIORY APPLICATION OF INDONESIAN NATIONAL STANDARD (SNI) TO FOOD AND DRINK UTENSILS MADE OF MELAMINE BY THE GRACE OF ONE GOD MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA Considering: a. that in order to assure quality and production efficiency, to protect the consumer in respect to product quality, and to create a fair trade practice, an obligatory validity of Indonesian National Standard (SNI) to Food and Drink Utensils made of Melamine is necessary; b. that pursuant to point a. above, it is necessary to issue a Minister of Industry Decree; Recalling: 1. Law No 5 of 1984 concerning Industry (State Gazette of Republic of Indonesia No 22 of 1984, Amendment to State Gazette of the Republic of Indonesia No 3274); 2. Law No 7 of 1994 concerning Ratification of Agreement on Establishing The World Trade Organization, State Gazette of the Republic of Indonesia Of 1994 No 57, Amendment of the State Gazette of Republic of Indonesia No 3564); 3. Law No 10 of 1995 concerning Customs (State Gazette of Republic of Indonesia No 75 of 1995, Amendment to State Gazette of the Republic of Indonesia No 3612) as amended by Law No 17 of 2006 (State Gazette of Republic of Indonesia No 93 of 2006, Amendment to State Gazette of the Republic of Indonesia No 4661); 4. Law No 7 of 1996 concerning Food (State Gazette of Republic of Indonesia No 99 of 1996, Amendment to State Gazette of the Republic of Indonesia No 3656); 5. Law No 8 of 1999 concerning Consumers Protection (State Gazette of Republic of Indonesia No 42 of 1999, Amendment to State Gazette of the Republic of Indonesia No 3821);

2 Minister of Industry of the Republic of Indonesia Decree No 6. Law No 17 of 1986 concerning the Authority of Management, Creation and Development of Industry (State Gazette of the Republic of Indonesia No 23 of 1986, Supplement to State Gazette No 3330). 7. Law No 102 of 2000 concerning National Standardisation (State Gazette of the Republic of Indonesia No 199 of 2000, Supplement to State Gazette No 4020). 8. Law No 28 of 2004 concerning Safety, Quality and Nutrients of Food (State Gazette of the Republic of Indonesia No 107 of 2004, Supplement to State Gazette No 4424). 9. Presidential Decree of the Republic of Indonesia No 9 of 2005 concerning the Position, Tasks, Function and Organisational Structure of Republic of Indonesia Ministries Organisation Administration as recently amended by Presidential Decree of the Republic of Indonesia No 64 of 2006; 10. Presidential Decree No 78 of 2001 concerning the National Accreditation Committee 11. Regulation No 634/MPP/Kep/9/2002 of the Minister of Industry and Trade concerning Supervision Procedure of Goods and Service Circulated in the Market; 12. Regulation No 19/M-IND/PER/5/2006 of the Minister of Industry concerning Standardisation, Creation and Supervision of Indonesian Industrial National Standard; 13. Regulation No 14/M-DAG/PER/3/2007 of the Minister of Trade concerning the Obligatory Standardization for Trade Services and Supervision of Indonesian National Standard (SNI) on goods and services in the market; DECIDES: To Stipulate: MINISTER OF INDUSTRY REGULATION CONCERNING THE OBLIGATORY APPLICATION OF INDONESIAN NATIONAL STANDARD (SNI) TO FOOD AND DRINK UNTENSTILS MADE OF MELAMINE 2

3 Minister of Industry of the Republic of Indonesia Decree No Article 1 The following definitions shall apply in this Ministerial Decree: 1. Product Certification for Application of Indonesian National Standard abbreviated as SPPT-SNI is certificates issued by LS Pro to producers qualified to produce goods and or services according to SNI requirements. 2. National Accreditation Committee, abbreviated as KAN, is a non-structural institution reporting and responsible to the President having the authority to accredit institutions/laboratory to conduct certification activities. 3. Product Certification Institution, abbreviated as LS Pro, is a KAN-accredited institution which conducts Product Certification Activities of SNI Application. 4. Director General of Industrial Supervision is the Director General of Agro Industry and Chemical of Department of Industry. 5. Head of BPPI is the Head Industrial Research and Development of Department of Industry. 6. Head of Provincial Office is the Head of Provincial Office responsible for the implementation of all administrative affairs in the industry sector. 7. Head of Regency/City Office is the Head of Provincial Office responsible for the implementation of all administration affairs in the industry sector. Article 2 To put into effect the obligatory validation of Indonesian National Standard (SNI) and/or its revisions on Food and Drink Utensils made of Melamine SNI 7322:2008 with Harmonised System tariff s location of HS * Article 3 Companies producing food and drink utensils made of melamine as referred to in Article 2 are obliged to: a. obtain and apply SPPT-SNI of Food and Drink Utensils made of Melamine according to the rules and regulations in force; and b. affix an SNI symbol by embossing food and drink utensils made of Melamine. Article 4 Any food and drink utensils made of melamine as referred to in Article 2, which are domestically marketed and produced and/or imported, must meet the SNI requirements referred to in Article 3. Article 5 3

4 Minister of Industry of the Republic of Indonesia Decree No (1) The issuance of SPPT-SNI of Food and Drink made of Melamine as mentioned in Article 3(a) shall be carried out by an LS Pro which has obtained KAN accreditation and/or appointed by Minister of Industry, through: a. quality adherence tests of Food and Drink Utensils made of Melamine according to SNI requirements; and b. audit of Quality Management System SNI /IS and its revisions, or other accredited quality management system. (2) The tests mentioned in paragraph 1(a) can be subcontracted to a KAN-accredited testing laboratory or subcontracted to overseas testing laboratory provided that there is a Mutual Recognition Arrangement (MRA) between KAN and the Accreditation Institution of that country, and bilateral or multilateral agreements on technical regulations with the Republic of Indonesia have been established. (3) Quality Management System audit as mentioned in paragraph 1(b) shall be based on the assurance issued by Quality Certification Institution that has been accredited by KAN or by an overseas Accreditation Institution having Mutual Recognition Arrangement (MRA) with KAN. 4 Article 6 LS Pro as mentioned in Article 5(1) shall report its certification process to Director General of Industrial Supervision by carbon copy to the Head of BPPI. Article 7 (1) Imported food and drink utensils made from melamine entering the Indonesian Customs territory of Indonesia must conform to SNI requirements by providing SPPT-SNI as evidence. (2) Imported Food and Drink Utensils made of Melamine that already have SPPT-SNI must be registered according to the rules and regulations in force. Article 8 (1) Domestically produced food and drink utensils made of melamine which fail to conform to SNI requirements should not be distributed and must be destroyed. (2) Imported food and drink utensils made of melamine that fail to meet SNI requirements as mentioned in Article 7 are not permitted to enter the Indonesian Customs territory and must destroyed or re-exported. Article 9 (1) The monitoring and supervision of the implementation of SNI on Food and Drink Utensils made of Melamine as mentioned in Article 2 shall be conducted

5 by Director General of Industrial Supervision. Minister of Industry of the Republic of Indonesia Decree No (2) During the supervision process as mentioned in paragraph (1), the Director General of Industrial Supervision may work together with the Head of the Provincial Office and or Head of the Regency/City Office or related institutions. (3) The Head of BPPI will monitor the Adherence Assessment Institution in the application of obligatory validation of SNI in Food and Drink Utensils made from Melamine. Article 10 The Director General of Industrial Supervision will issue technical guidelines for this Ministerial Regulation. Article 11 Any violation to the provisions of this Ministerial Regulation by business entities will result in the receiving of sanctions according to the rules and regulations in force. Article 12 This Ministerial Regulations shall come into effect 6 (six) months following the date of its stipulation. In order to inform everyone of this Ministerial Regulation, it is required that this decree be announced in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA FAHMI IDRIS 5

6 6 Minister of Industry of the Republic of Indonesia Decree No