Regulation of the Minister of Industry No. 24/M-IND/PER/5/2006 on Supervision over Production and Utilization of Dangerous Substances for Industries

28A SUPERVISION OVER PRODUCTION AND UTILIZATION OF DANGEROUS SUBSTANCES FOR INDUSTRIES (Regulation of the Minister of Industry No. 24/M-IND/PER/5/2006 dated May 9, 2006) THE MINISTER OF INDUSTRY, Considering: a. that various kinds of chemical substances have mul tifarious usage but can become dangerous substances if the production, storage, packing, transportation and usage are not executed in accordance with the standard procedures for dangerous substance treat ment; b. that in order to prevent misuse in the designation of the chemical substances as meant in letter a, it is necessary to supervise the production and use of dangerous substances; c. that in relation thereto, it is necessary to issue a regulation of the Minister of Trade; In view of: 1. Dangerous Chemical S\Jbstance Ordinance of 1949 No. 377; 2. Law No. 5/1984 on Industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274); 3. Law No. 23/1997 on Environmental Management (Statute Book of 1997 No. 68, Supplement to Stat ute Book No. 3699); 4. Law No. 32/2004 on Regional Administration (Stat ute Book of 2004 No. 125, Supplement to Statute Book No. 4437); 5. Government Regulation No. 74/2001 on Management of Dangerous and Poisonous Substances (Statute Book of 2001 No. 138, Supplement to Statute Book No. 4153); 6. Presidential Regulation No. 9/2005 on the Status, Tasks, Functions, Organizational Structures and Work Business News 7372/9-6-2006 ing Arrangements of State Ministries as already amended by Presidential Regulation No. 62/2005; 7. Presidential Regulation No. 10/2005 on First-echelon Organizational Units and Tasks of State Ministries as already amended several times and the latest by Presidential Regulation No. 80/2005; 8. Presidential Decree No. 187/M/2004 on the Estab lishment of the United Indonesia Cabinet as already amended several times and the latest by Presiden tial Decree No. 20/P/2005; 9. Decree of the Minister of Industry No. 148/M/SK/ 1985 on Security for Poisonous and Dangerous Sub stances in Manufactures; 10.Regulation of the Minister of Health No. 239/Menkes/ Per/IX/1988 on Certain Dying Agents stipulated as dangerous substances; 11.Regulation of the Minister of Health No. 722/Menkes/ Per/IX/1988 on Food Additives Jo. Regulation of the Minister of Health No. 1168/Menkes/Per/X/1999 on Food Additives; 12.Regulation of the Minister of Health No. 472/Menkes/ Per/V/1996 on Security for Substances Dangerous for the Health; 13.Decree of the Minister of Industry and Trade No. 254/ MPP/Kep/7/2000 on Procedures for the·Import and Distribution of Certain Dangerous Substances; 14.Regulation of the Minister of Industry No. 01/M-IND/ PER/3/2005 on the Organization and Working Ar rangement of the Ministry of Industry; DECIDES: To stipulate: THE ..... THE REGULATION OF THE MINISTER OF INDUSTRY ON SUPERVISION OVER PRODUCTION AND UTIUZATION OF DANGEROUS SUBSTANCES FOR INDUSTRIES CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Industry shall be an economic activity processing crude material, raw material, semi-finished goods and/or finished goods into goods having higher value for use, including activities of industrial design and engineering. 2. Production shall be an activity to process crude ma terials into semi-finished goods and finished goods through phases of process. 3. Dangerous substances shall be substances, chemi cal and biological substances in the sole form and/or mixture, which can endanger the health and envi ronment directly or indirectly, which is toxic, carcino genic, terratogenic, mutagenic, corrosive and irritate. 4. Approved Producers of Dangerous Substances shall be domestic companies producing dangerous sub stances and having industrial business license from the authorized institution, which are registered at the Ministry of Industry; 5. Distribution of Dangerous Substances shall be distri bution of dangerous substances from approved pro ducers, approved importers of dangerous substances and producer importers of dangerous substances to registered industrial end-users of dangerous sub stances or to registered distributors of dangerous sub stances. 6. Registered Distributors of Dangerous Substances shall be companies permitted by the Director General of Domestic Trade, Ministry of Trade after securing ap pointment from approved producers of dangerous sub stances to channel dangerous substances to regis Business News 7372/9-6-2006 29A tered industrial end-users of dangerous substances directly or through registered retailers of dangerous substances. 7. Producer Importers of Dangerous Substances (IP0 B2) shall be producer importers recognized by the Direc tor General of Foreign Trade and approved to import directly dangerous substances solely designated to the need of their production. 8. Approved Importers of Dangerous Substances (IT B2) shall be non-producer importers, owners of Gen eral Importer Identity Number (API-U), which obtain special task to import dangerous substances and act as distributors to channel the imported dangerous substances, to other needing companies in this case industrial end-users of dangerous substances. 9. Registered Industrial End-Users of Dangerous Sub stances shall be industries using dangerous sub stances as raw/auxiliary materials processed chemi cally and physically so as to result in change in their chemical and physical characteristics as well as have added value. 10.No. of Chemical Abstract Services (CAS) shall be an index or registration system of chemical co111pound adopted internationally so that every chemical com pound can be identified specifically. 11.Safety Data Sheet (SDS) shall a directive sheet con taining dangerous substance information about physi cal, chemical characteristics, kinds of danger arising from, treatment method and special action in the emer gency condition. 12. Label shall be every kind of information about danger ous substances in the form of picture, writing or com bination of the both or other model containing infor mation about dangerous substances and infor~ation about business actors as well as other information in accordance with legislation in force, enclosed to prod ucts, inserted into, placed in or being part of package. 13. Package ..... 13. Package shall be material used for accommodating and/or wrapping dangerous substances, directly con tact to the dangerous substance or not. 14.Supervision shall be a series of activities executed to supervise production and the use of dangerous sub stances. 30A 15. Minister shall be the minister in charge of industrial affairs. 16. Director General shall be the Director General on charge of Agro and Chemical Industries, Ministry of Industry. 17. Head of Provincial Service shall be the head of service in charge of industrial affairs in Provinces. CHAPTER II KIND OF DANGEROUS SUBSTANCES Article 2 (!)Kinds of dangerous substances shall cover: a. Formaldehyde (No. CAS 50°00-0); b. Borax (No. CAS 303-96-4); c. Methanyl Yellow (No. of CAS 587-98-4); d. Rhodamine (No. of CAS 81-88-9); e. Paraformaldehyde (No of CAS 30525-89-4); f. Trioksan (No. of CAS 110-88-3). (2)The kinds of dangerous substances as meant in para graph (1), which come from domestic production or the import shall be supervised. (3)The supervision as meant in paragraph (2) shall cover supervision over production, packing; labeling, stor age, use and distribution. CHAPTER III PRODUCTION AND USE OF DANGEROUS SUBSTANCES Article 3 (l)The dangerous substances as meant in Article 2 para graph (1) only can be produced by approved produc ers of dangerous substances and used by registered Business News 7372/9-6-2006 industrial end-users of dangerous substances. (2)The dangerous substances as meant in Article 2 para graph (1) only can be distributed to registered in dustrial end-users of dangerous substances and/or registered distributors of dangerous substances. (3)Registered industrial end-users of dangerous sub stances, which use dangerous materials as raw/aux iliary.material in their production process that come from domestic approved producers of dangerous sub stances and/or from the import shall be prohibited from trading and/or transferring the substances to other parties. (4)Registered industrial end-users of dangerous sub stances as IP-B2 only may import dangerous sub stances for their production process after securing recommendation from the Director General. (5)Registered industrial end-users of dangerous sub stances being not IP-B2 can use imported dangerous substances through TT-B2 after securing recommen dation from the Director General. Article 4 (!)Dangerous substances produced by approved pro ducers of dangerous substances and/or coming from the import, which are used by registered industrial end-users of dangerous substances shall be accom panied by Safety Data Sheet as contained in Attach ment 1 to this regulation. (2)The dangerous substances as meant in paragraph (1) shall: a. use package on the basis of the provisions in force as well as the requirements of the International Maritime Dangerous Goods Code (IMDG Code/ United Nation Standard); b. use package whose size may not be smaller than the provision mentioned in Attachment II to this regulation. (3) The ..... (3)The package as meant in paragraph (2) shall have label containing: a. name of dangerous substance; b. name and address of approved producers of dan gerous substance; c. net weight/volume; d. danger pictogram/symbol; e. signal word; and f. statement of danger and statement of prudence. ( 4)The label as meant in paragraph (3) for the respec tive dangerous substances shall be as contained in Attachment II to this regulation. CHAPTER IV REGISTRATION Article 5 {l)Every producer of dangerous substances and indus trial end-users of dangerous substances shall have Letter of Registration of Dangerous Substances. (2)The authority to issue Letter of Registration of Dan gerous Substances as meant in paragraph (1) shall be on the hand of the Minister, which is delegated to the Director General. (3)In order to obtain the Letter of Registration of Dan gerous Substances as meant in paragraph (1), pro ducers of dangerous substances shall meet the fol lowing provisions: a. company in the form of limited liability company; b. having industrial business license and taxpayer code number; c. conveying description of production process and facilities of provision, processing, storage, pack ing and transport of dangerous substances; d. fulfilling requirements for security, safety, health and environment proven by Report on Realization of Environmental Management Plan (RKL) and En vironmental Monitoring Plan (RPL); e. having equipment of emergency response system; f. having specialists in the management of danger Business News 7372/9-6-2006 31A ous substances as the personnel in charge of pro duction technical affairs; and g. conveying statement that the dangerous sub stances only will be distributed to approved dis tributors of dangerous substances and/or regis tered industrial end-users of dangerous substances. ( 4 )In order to obtain the Letter of Registration of Dan gerous Substances as meant in paragraph (1), in dustrial end-users of dangerous substances shall meet the following provisions: a. having Industrial Business License/Industrial Reg istry Number and Taxpayer Code Number; b. conveying name of the personnel in charge of dan gerous substances; c. conveying description of production process and flow chart as well as calculation of the use of dan gerous substances; and d. conveying statement that the dangerous sub stances only will be used in their production pro cess and won't be traded. (S)The Letter of Registration of Dangerous Substances shall be issued in not later than 5 (five) working days after the requirement are fulfilled completely and truthfully. (6)The Letter of Registration of Dangerous Substances shall apply as long as the companies produce. (?)Specimen of the Letter of Registration of Dangerous Substances shall be as contained in Attachment III to this regulation. CHAPTERV REPORTING Article 6 (l)Approved producers of dangerous substances shall be reported to the Director General with a copy made available to the Head of local Provincial Industrial Ser vice data about the production, use and distribution of dangerous substances. (2) Registered ..... (2)Registered industrial end-users of dangerous sub stances shall report data about the provision and use of dangerous substances for their production pro cess to the Director General with a copy made avail able to the Head of local Provincial Industrial Ser vice. Article 7 Data about the dangerous substances as meant in Article 6 shall minimally contain: a. In the case of approved producers of dangerous sub stances: 32A 1. names and addresses of approved producers of dangerous substances and approved distributors of dangerous substances as well as registered industrial end-users of dangerous substances; 2. kinds of dangerous substances which are pro duced; 3. quantity of distribution of dangerous substances; and 4. moment of distribution (date, month, year). b. In the case of registered industrial end-users of dan gerous substances: 1. names and addresses of approved producers of dangerous substances and approved distributors of dangerous substances as well as registered industrial end-users of dangerous substances; 2. kinds and quantity of procurement and use of dan gerous substances; and 3. momen.t of purchase of dangerous substances (date, month and year). Article 8 (l)The report as meant in Article 6 shall be conveyed every three months in the first week of April, July, October and January. (2)The model of the report as meant in paragraph (1) shall be as contained in Attachments Iva and Ivb to this regulation. Business News 7372/9-6-2006 CHAPTER VI FOSTERING AND SUPERVISION Article 9 The Directorate General of Agro and Chemical Industries shall foster the approved producers of dan gerous substances and registered industrial end-users of dangerous substances in the production and use of dangerous substances. Article 10 (!)Supervision over the production, use, packing and labeling of dangerous substances shall be applied to the approved producers of dangerous substances and registered industrial end-users of dangerous sub stances. (2)The supervision over the production and use of dan gerous substances as meant in paragraph (1) shall cover kinds, quantity of production and use of dan gerous substances by the approved producers of dan gerous substances and registered industrial end-us ers of dangerous substances. Article 11 (l)The supervision as meant in Article 10 shall be ex ecuted by officials of the Ministry of Industry in coop eration with Service in Charge of Industrial Affairs in local Provinces and Regencies/Cities. (2)The implementation of the supervision as meant in paragraph (1) shall be accompanied by Letter of As signment from the Director General wherein the Di rector General can establish a team if necessary in the implementation. (3)The approved producers of dangerous substances and registered industrial end-users of dangerous sub stances shall give access as wide as possible in con nection with truth of production and use of danger ous substances to the supervising officials as meant in paragraph (1). Article ...... Article 12 (l)The officials as meant in Article 11 paragraph 91) shall convey results of supervision to the Director Gen eral in not later than 14 (fourteen) calendar days after the supervision is completed. (2)If the alleged violation being found in the realization of the supervision, the officials as meant in para graph (1) shall promptly report to the Director Gen eral for fostering. CHAPTER VII PROH!BmON Article 13 (l)Every producer of dangerous substance which is not registered shall be prohibited from producing and dis tributing dangerous substances. (2)Every industrial end-user of dangerous substances, whi~h is not registered shall be prohibited from us ing dangerous substances in the production process. CHAPTER VIII SANCTION Article 14 (l)Violation of the provision in Article 4 paragraph (1), (2) or (3), Article 5 paragraph (1), Article 6, Article 8 or Article 11 paragraph (3) shall be subjected to ad-, ministrative sanction in the form of: a. written warning as many as three times at the maximum in a period of one month; b. unless the warning as meant in letter a is obeyed, Industrial Business License (IUI) or Industrial Reg istry Number (TDI) is suspended for 3 (three) months at the maximum; c. unless the warning as meant in letter a is obeyed in the three month period as meant in letter b, Industrial Business License (IUI) or Industrial Reg istry Number (TDI) is revoked by the licensor. (2)Violation of the provision in Article 13 shall be sub jected to administrative sanction in the form of sus Business News 7372/9-6-2006 33A pension of Industrial Business License (IUI) or Indus trial Registry Number (TDI) for 3 (three) months at the maximum. (3)Violation of the provision in Article 3 paragraph (1), (2) or (3) and/or failure to meet the provision in para graph (2) shall be subjected to criminal penalty in accordance with legislation in force and additional sanction in the form of revocation of Industrial Busi ness License (IUI) or Industrial Registry Number (TDI). CHAPTER IX TRANSmONAL PROVISION Article 15 With the stipulation of this regulation, provisions regulating supervision and use of dangerous substances for industries as meant in Arti~le 2, which are regulated in Decree of the Minister of Industry NO. 148/M/SK/4/ 1985 on Security for Poisonous and Dangerous Sub stances in Manufactures shall remain effective as long as they do not contravene this regulation. CHAPTERX CONCLUSION Article 16 The regulation shall come into force 3 (three) months as from the date of stipulation. For public cognizance, the regulation shall be announced by placing it in State Gazette of the Republic of Indonesia. Stipulated in Jakarta On May 9 ,2006 THE MINISTER OF INDUSTRY Sgd FAHMIIDRIS Editor's Note : The attachments are not obtained. ===( R )===