Decree of the Minister of Industry and Trade No. 651/MPP/KEP/10/2004 on technical requirements for depots and trade of drinking water

TEHNICAL REQUIREMENTS FOR DEPOTS AND TRADE OF DRINKING WATER (Decree of the Minister of Industry and Trade No. 651/MPP/Kep/10/2004 dated October 18, 2004) THE MINISTER OF INDUSTRY AND TRADE, Considering: so on) on mark (Statute Book of 2001 no. 110, Supple ment to Statute Book No. 4131); a. that in the framework of guaranteeing the quality of 8. Law No. 22/1999 (BN No. 6361 pages lA- SA and so drinking water produced by drinking water depots so on) on regional administration (Statute Book of 1999 as to meet the required quality of drinking water and No. 60, Supplement to Statute Book No. 4131); supporting the creation of fair business competition as well as in a bid to protect consumers, provisions regulating drinking water depots are needed; b. that in relation thereto, it is necessary to issue a de cree of the Minister of Industry and Trade; In view of: 1. Law No. 5/1984 on industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274); 2. Law No. 23/1992 (BN No. 5230 page 16A and so on) on health (Statute Book of 1992 No. 100, Supple ment to Statute Book No. 3495); 3. Law No. 9/1995 (BN No. 5846 pages 25A - 31A and so on ) on small-scale businesses (Statute Book of 1995 No. 74, Supplementto Statute Book No. 3611); 4. Law No. 7/1996 on food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656); 9. Government Regulation No. 17/1986 (BN No. 4343 pages 1A/2A/8A) on the authority to regulate, foster and develop industries (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3596); 10.Government Regulation No. 13/1995 (BN NO. 5715 pages 9A - 12A) on industrial business license (Stat ute Book of 1995 No. 25, Supplement to Statute Book No. 3596); 11.Government Regulation No. 58/2001 (BN No. 6639 pages 9A - 9A) on protection and supervision over consumer protection (Statute Book of 2001 No. 103, Supplement to Statute Book No. 4126); 12.Presidential Decree No. 228/2001 (BN No. 6650 pages 29A - 30A) on the establishment of the Mutual Coop eration Cabinet; 13.Presidential Decree No. 102/2001 on the status, tasks, functions, authority, organizational structures and 5. Law No. 5/1999 (BN No. 6288 pages lA - 7A) on working arrangements of ministries; prohibition on monopoly and unfair business compe tition (Statute Book of 1999 No. 33, Supplement to 14.Presidential Decree No. 109/2001 on first-echelon Statute Book No. 3817); organizational units and tasks of ministries; 6. Law No. 8/1999 (Statute Book of 6321 pages lA - 7 A 15.Regulation of t11e Minister of Health No. 416/MENKES/ and so on) on consumer protection (Statute Book of Per/IX/1990 on requirements and supervision over 1999 No. 42, Supplement to Statute Book No. 3821); the quality of water; 7. Law No. 15/2001 (BN No. 6661 pages 9A-18A and 16.DecreeoftheMinisterofindustryandTradeNo. 225/ Business News 7145/3-12-2004 MPP . ... . MPP/Kep/7/1997 (BN No. 6057 pages llA ·· JAA amt so on) on delegation of authority to issue license in the industry and trade sector within the Ministry of Industry and Trade; 17. Decree of the Minister of Industry and Trade No. 590/ MPP/Kep/10/1999 on procedures for issuing indus trial and expansion license; 18.Decree of the Minister of Industry and Trade No. 86/ MPP/Kep/3/2001 on the organization and working ar· rangement of the Ministry of Industry and Trade; 19 .Decree of the Minister of Health No. 907 /MENKES/ SK/Vll/2002 (BN No. 6848 pages SA · 12A) on re·· quiremcnts and supervision over the quality of drink· ing water; 20.Decree of the Minister of Industry and Trade No. 634/ MPP/Kep/9/2002 on provisions and procedures for su· pervision over goods and/or service distributed on the market; DECIDES: To stipulate: THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON TECHNICAL REQUIREMENTS FOR DEPOTS AND TRADE OF DRINKING WATER CHAPTER I GENERAL PROVISION Article 1 Referred to in this decree as: 1. Drinking water depot is industrial business process· ing standard water into drinking water and selling ,,;. rectly to consumers. 2. Drinking water is standard water already processed and safe to drink. 3. Standard water is water not yet processed or already processed into clean water fulfilling quality require· ments according to regulation of the Minister of Health to be processed into drinking water. eusincss News 714',/3· 12-2004 4. Processing is treatment of standard water by phases of process up to drinkmg water. 5. Drinking-water processing machine and equipment are all machines and equipment used in the processing, 6. Requirements for the quality of drinking water are the requirements stipulate by Regulation of the Min· ister of Health No. 90/Permenkes/SK/VII/2002; 7. Container is place to accommodate drinking water, made of food grade material, resistant to a tempera·· ture of 60°C at the minimum, and not reactive to washing materials and d isinfectant. 8. Food grade material is material safe to use for wrap food. 9. Branded container is container having mark already registered at the Ministry of Justice and Human Rights. 10.Minister is the Minister of Industr, and Trade. CHAPTER II BUSINESS REQUIREMENT Article 2 (l)Drinking-water depots are obliged to have Industrial Registry Number (TD!) and Trading Business Regis·· try Number (TDUP) with the total investment of up to Rp 200,000,000 (two hundred million rupiahs). (2)Drinking-water depots are obliged to have Letter of Standard Water Supply Guaranty from PDAM or com panies having license to take water from the autho· rized institution. (3)Drinking·water depots are obliged to have report on results of test of the produced drinking-water from water quality analysis laboratories appointed by re·· gental/municipal governments or accredited. CHAPTER Ill STANDARD WATER, PROCESSING, MACHINE/ EQU!f'MENT AND QUALITY OF DRINKING WATER Article 3 (l)Standard water used by drinking water depots must meet the quality standard stipulate in a regulation of the Minister of Health. (2) Drinking water depots must supervise periodically the quality of standard water, proven by result of labora tory test from supplier. (3)The quality of standard water is tested: a. once in three month, in the case of coliform analy sis; b. twice in one year, in the case of complete chemi cal and physics analysis. (4)The quality of standard water must be tested in wa ter quality analysis laboratories appointed by regental/ municipal governments or accredited. (S) Drinking water depots are prohibited from taking stan dard water originating from water of PDAM in the networks of distribution to households. (6 )The transport of standard water from sources of stan dard water to drinking water depots must use food grade tanks. Article 4 The processing of drinking water in drinking water depots covers collection of standard water, filtration, dis infecting and filling. Article 5 Drinking water deports are obliged to meet the technical provisions in the Good Method of Production of Drinking Water Deports, as contained in the attachment to this decree. Article 6 ( 1) Drinking water produced by drinking water depots must meet the requirements for the quality of drink ing water in accordance with the provisions stipulated in a regulation of the Minister of Health. (2)The test of quality of product in accordance with the Business News 7145/3--12-2004 requirements for the quality of drinking water must be done by drinking water depots in water quality analysis laboratories appointed by regental/munici pal governments or accredited every six months at the minimum. (3)The results of test of the quality standard of drinking water are conveyed to regental/municipal service is·· suing industrial registry number. (4)The cost of sampling and test as meant in paragraph (2) is borne by the relevant drinking water depots. CHAPTER IV CONTAINER Article 7 (l)Drinking water depots are only allowed to sell their production directly to consumers in locations of de pots by means of filling container carried by the con sumers or provided by the depots. (2) Drinking water depots are prohibited from having stock of drinking water product in container ready for sell ing. (3)Drinking water depots are only permitted to provide non-branded or plain container. ( 4) Drinking water depots are obliged to examine con tainers carried by consumers and prohibited from fill ing containers unfeasible to use. (5) Drinking water deports must bleach and/or wash and/ or sanitize containers and the process is executed by proper method. (6)Cover of containers provided by drinking water de pots must be plain/non-branded. (?)Drinking water depots are not allowed to install seal/ shrink wrap in containers. CHAPTER V SUPERVISION .Article 8 ( 1) Supervision over drinking water depots covers super vision over the use of standard water, production, machine and equipment as well as the trade periodi cally and at any time, if necessary. (2)Supervision over the quality of product of drinking water depots is done in water quality analysis labora tories appointed by regental/municipal governments or accredited. Article 9 (1)The authority to supervise drinking water depots as meant in Article 8 paragraph (1) is executed by the minister delegating: a. governors to coordinate the implementation of su pervision in provinces in accordance with their working areas; b. the Governor of DK! Jakarta to implement the su pervision in DK! Jakarta; c. regents/mayors, excluding DK! Jakarta, to super vise in regencies/cities in accordance with their working areas. (2)The governors and regents/mayors as meant in para graph (1) letters band c in executing the supervision delegate the authority to heads of working units in accordance with their tasks and scopes of responsi bility. (3)The cost related to the implementation of the super vision as meant in paragraph (1) is borne by Regional Budget of Revenue and Expenditure (APBD) of the respective provincial and regental/municipal govern ments. Article 10 (l)In the framework of the supervision as meant in Ar ticle 9 paragraph (1), Minister, governors and regents/ mayors can take administrative actions against viola tion in this provision. ( 2) The administrative actions as meant in paragraph ( 1) can be in the form of: a. Verbal warning; Business News 7145/3-12-2004 b. Written warning; c. Suspension of activity; d. Revocation of business license. CHAPTER VI REPORTING Article 11 ( 1) Water quality analysis laboratories appointed by re gental/municipal governments or accredited convey reports on results of the supervision as meant in Ar ticle 8 paragraph (2) to regents/mayors. (2)Heads of regental/municipal working units convey reports on results 0f the supervision as meant in Ar ticle 8 paragraph , J to: a. local regents/mayors; b. heads of provincial working units. (3)Heads of provincial working units convey report on results of the supervision from regencies/cities to: a. local governors; b. the Directorate General of Small and Medium-scale Trading Businesses, in this case the Directorate of Food; c. the Directorate General of Domestic Trade in this case the Directorate of Consumer Protection. CHAPTER VII SANCTION Article 12 ( l)Drinking water depots already having TD! and violat ing the provisions in Article 3 paragraphs (1) and (2), and Article 6 paragraph (1) are subjected to sanction in accordance with the penal provision as contained in Article 26 pf Law No. 5/1984 on industry and Ar ticle 62 paragraph (1) of Law No. 8/1999 on con sumer protection. (2)Drinking water depots violating the provision in Ar· ticle 7 paragraphs (4) and (5) are subjected to sanc tions according to the penal provision as contained in Article 55 of Law No. 7 / 1996 on food. (3)Drinking water depots violating Article 7 paragraphs (3), (6) and (7) are subjected to sanctions according to the penal provision as contained in Article 90 or Article 91 of Law No. 15/2001. CHAPTER VIII MISCALLANY Article 13 Drinking water deports using name of Refilled Drinking Water Depots or other names upon the enforce ment of this decree are obliged to replace their names to become Drinking Water Depots. CHAPTER IX TRANSITIONAL PROVISION Article 14 Drinking water depots operating and not yet ful filling the requirements as meant in this decree are obliged to adjust to this decree not later than 2 (two) years as from the date of stipulation of this decree. CHAPTER X CONCLUSION Article 15 The decree comes into force as from the date of stipulation. For public cognizance, the decree shall be pro mulgated by placing it in State Gazette of the Republic d Indonesia. Stipulated in Jakarta On October 18,2004 THE MINISTER OF INDUSTRY AND TRADE Sgd RINI M. SUMARNO SOEWANDI l'AR"\' 1 DESIGN AND CONSTRUcnON OF DEPOTS Location in drinking water depots must be free from pollution originating from dust around the depots, waste disposal place, place of collection of used goods, hiding/reproduct'1on place of insects, small animals, ro· dent and others, place having less proper water drain age systPm and other place', allegedly potential to cause contatnination. Business News 7145/3 .. 12-2.004 The production room provides a space sufficient to place production equipment. The production area must be accessible for inspect\on and sanit\zing any time. Construction of floor, wall and ceiling of the pro duction area must be good and always sanitary. The wall of the filling room must be made of materials smooth, having .clear color and not absorbing so as to be easy to clean. ,he cleaning is done routinely and scheduled. The wall and ceiling must be tight without fracture. The filling place must be designed for the sole purpose of filling of product and must use door, which can close tightly. The design of the filling place must be in such a way so that all surface and equipment inside can be cleaned anct sanitized every day. Illumination ir: the production area, washing/ bleaching/sterilization/filling of gallon 1nust be quite bright to ascertain physical contamination so that employees/ personnel have bright vision to see every contaminated product. The use of anti-broken lamp or lamp using pro tector is recommended to prevent the lamp glass, if bro ken, from contaminating the production. Ventilation must be sufficient to minimize dan gerous smell, gas or vapor and condensate in the pro• duction, "Nashing/llleaching/sterilization and gallon fill ing rooms. Ventilation device needs to be checked rou tinely to avoid dust and ensure it sanitary. /I.II external parts opened and holes rnust be pro· tected by screen, other protector or automatically clos" ing door to prevent insect, bird and small animals from coming into the depots. PART 2 RAW MATERIAL, PRODUCTION MACHINE AND EQUIPMENT 1. Raw m3terial The main raw material is water taken from s0urces having quality guaranteed . For the purpose, the fol· lowi1,9 steps need to be taken to ensure the quality: a. Sources of standard water must be protected from ch,0 mical and micro biological contaminants affect ing/disturbing the health. b. Standard water is checked periodically for orga nolcptic (smell, taste, color), physics, cliernical and rnicrnbiolo~iical analysis. Material of container which can be used/provided by drinking water depots must meet food grade requirements, not react to washing material, dis infectant and product. 2. Production machine and equipment Production machine and equipment used in drinking water depots must observe matters, namely: a. Material of machine and equipment All machines and equipment directly contact to water must be made of food grade materials, re sistant to corrosion and not reactive to chemical substaces. b. Kind of machine and material Machine and equipment used in the production pro cess in drinking water depots minimally consist of: 1) basin or standard water collection tank; 2) water treatment unit, composed of: a) pre-filter (sand filter) The pre-filter functions to filter rotJgh par ticles with the material made of sand or other effective materials having the same function. b) carbon filter The carbon filter functions to absorb smell, taste, color, remainder of chlorine and or ganic materials. c) other filter The filter functions as a smooth filter maxi mally sizing 10 (ten) micron, aiming at ful filling certain conditions. d) Disinfecting instrument ( ozonization and/or UV with frequency of 254 nm or 237°C. 3) Filler The machine and device to insert drinking wa ter into container. PART 3 PRODUCTION The sequence of production of drinking water in drinking water depots is as follows: 1. Collection of standard water and requirement for col lecting container Business News 714S/3-12-2004 Standard water taken from sources is carried by us ing tanks and subsequently collected in basin or col lecting tank (reservoir). The reservoir must be made of food grade materials, free from substances con taminating water. The transport tank must meet the following require ments: a. specially used for drinking water; b. easy to clean as well as disinfect and given fuser; c. having manhole; d. water must be filled and released through faucet; e. hose and pump used for supplying and releasing standard water must be given proper cover, stored safely and protected from possible contamination. Tank, hose, pump and fittings must be made of food grade materials, resistant to corrosion and chemical substance potential to contaminate wa ter. The transport tank must be cleaned, sanitized and disinfected externally and internally every three months at the minimum. Sample of standard wa ler must: be taken in a quite representing quantity to examine the quality standard already stipulated by the Minister of Health in accordance with the provisions in Chapter III Article 3 paragraph (2) of Lhis decree. Documents of procurement of standard water must be available in drinking water depots with the con tent, among others, name of supplier/owner of water source, volume of water and date of pro curement. 2. Gradual filtering consists of: a. Filter originates from sand or other effective filter of the same function. Sand filter functions to filter rough particles. The used material is silica gran ules (SiO2) minimally 80°/c,. The size of the used granules is determined from the quality of waler purity specified in NTU. b. Active carbon filter originating from coal or coco nut shell functions to absorbs smell, taste, remain der of chlorine and organic materials. The capa bility of absorbing Iodine {12) is minimally 75%. c. other filter functions as smooth filter maximally sizing 10 (ten) micron. 3. Disinfecting. .. .. 3. Disinfecting Disinfecting aims at killing patogen bacteria. The dis infecting by using ozone (03) takes place in tank or other mixer with ozone concentration minimally 0.1 ppm and ozone residue, shortly after the filling, rang ing from 0.06 ppm to 0.l ppm. Besides ozone, the disinfecting can be execut,;,d by Ultra Violet (UV) ray with a frequency of 254 nm or power of 2357°A at the minimum intensity of 10,000 mw second per cm2. a. Bleaching, washing and sterilization of container Usable container is made of food grade and clean material. Drinking water depots are obliged to examine con tainers carried by consumers and deny containers deemed unfeasible to use as drinking water con tainer. Containers to be filled must be sanitized by using ozone (03) or ozone water (water containing ozone). In the case of washing, it must be done by using various kinds of food grade detergents and clean water at a temperature of 60 - 85°C, later bleached by drinking water/produced water sufficiently to eliminate remainder of detergents used for washing. l\i.Q!g: Water formerly used for washing or bleach ing cannot be used again as raw material of production (must be disposed). b. Filling Containers are filled by using device and machine as well as in hygienic filling place. c. Closing Containers can be closed by cover carried by con sumers or provided by drinking water depots. PART4 DRINKING WATER PRODUCT L Maintenance of production facility Building and parts must be maintained and sanitized regularly and periodically. Efforts to prevent rodent (mice), insect and other small animals from coming into production and filling buildings must be taken. Efforts to combat microorganism, insects and mice by using disinfectant, insecticides and rodenticide must be done carefully thus not affecting human health and contaminating raw material and drinking water. Business News 7145/3-12-2004 Machine and equipment contact directly to raw mate· rials and end-product must be cleaned and sanitized regularly thus not affecting the end product. Machine and equipment used by drinking water de pots must be maintained regularly and in the case of the using period expiring, they must be replaced in accordance with the technical provisions. 2. Sanitizing program Surface of equipment contact to raw materials and drinking waler must be clear and sanitized every day, Surface contact to drinking water must be free from crust, oxidation and other residues. The filling and closing must be sanitary, done in a hygienic room. Containers carried by consumers must be sanitized and examined before the filling and after the filling, containers are closed by cover without sealing. Re ject containers must be declared unsuitable lo use and cannot be filled. Washing work is executed in both production and fill· ing rooms so as to be able to prevent contamination in surface directly contact to drinking water, if sanitiz ing substance is used, the concentration must be in accordance with the requirements tn force. In the sani tizing treatment, the concentration of sanitizing sub stance and duration of contact of the sanitizing sub stances to the sanitized surface must be recorded. PART 5 EMPLOYEE Employees contact to production must be in a healthy condition, free from wound, skin disease or oth ers allegedly potential to contaminate drinking w:1ter. Employees of the production (filling) division are required for using proper working suit, head cover ,ind shoe. Employees must wash hand before executing their job, particularly upon handling container and filling. Employees are not allowed to eat, smoke, spit or execute other actions upon executing the job, which can cause contamination to drinking water. Employees/personnel arc not allowl,d to stay in the filling place except the authorized ones with special suit to undertake the necessary test or work. PART 6 STORAGE 1. Storage of drinking water Reservoir of standard water must be made of food grade material, free from materials potential to con taminate water. Drinking water depots are not permitted to store drink ing water ready for selling in the bottled form. There fore, there is no stock of drinking water in container ready for selling. Storage is only permitted for stan dard water in reservoir. 2. Selling Drinking water deports are not permitted to retail through shop/kiosk and only allowed to sell in busi ness place directly to consumers carrying their con tainers or provided by depots. The sales/filling is done like the description in the filling of drinking water, start ing from bleaching/washing/sterilization of container, filling and closing.