Regulation of the Minister of Industry of RI No. 83/M-IND/PER/11/2008 on obligatory enforcement of Indonesia National Standard (SNI) on refined crystal sugar

25A OBLIGATORY ENFORCEMENT OF INDONESIA NATIONAL STANDARD (5HZ) ON EEFINED CRYSTAL SUGAR (Regulation of the Minister of Industry of RI No. 83/M-IND/PER/ll/2008, dated November 13, 2008) WI1HTHE BLESSING OFTl-IE ONE AND ONLY GOD. MINISTER OF INDUSTRY OF mE REPUBUC OFINDONESIA, Considering: a. that in support of the qU<:1lity improvement program of Refined Crystal Sugar, provision of facilities in the pro curement of supply, createhealthybusiness competi tion and provide consumers protection, it is necessary toenforce obligatory Indonesia National Standard (5NI) on Refined Crystal sugar; b. that based on the consideration referred to in letter a, it is necessary to issue Regulation of the Minister of Industry; Business News 7783/3-11~2009 In viewof: 1. Law No.5Year 1984 oonceming Industry(Statute Book of Rl Year1984 No. 22, Supplement to Statute Book of RI No. 3274); 2. LawNo. 7 Year 994 concerning Ratification of Agree mcnt Es~bli$ning the World Trede Organization (Sa of RI Year 1994No. 57, SSB of RI No. 3564); 3. Law No. 10 Year 1995 (BN No. 5812pages 19A 20A andso forth) concerning Customs matters(5B ofRIYear 1995 No. 75,SSB of RINo. 3612) asamended by law No. 17 Year 2006 (6N No. 7446 pages 178-246 andsoforth) (58 of RIYear 2006 No. 93,5SB ofR! No. 4661); 4. Law No.7 Year 1996concerning Food (56 of RI Year 1996 No. 99, SS6 of RI No.3656); 5. law . S. Law No.8 Year 1999 (BN No. 6321 pages :tA-7A and so forth) concerning Consumers Protection (SB of RI Year 1999 No. 42, SSB of RI No. 3821); 6. Government Regulation NO..17Year 1986 concerning Authority for Industrial Arrangement, Management and Development (5B of RI Year 1986 No. 23, SSB of RI No.3330); 7. ~Regu\atiooNo.69 Year 1999(BNNo.6370 pages 14A-15A and so forth) concerning Food Label andAdVertisement (SI:ior RI Year 1999 No. 131, SSB of RI No. 3867); 8. Government Reoulatton No. 102Year 2000 (BN No. 6554 pages lA-7A andso forth) concerning Na tional Standardization (Sa of RI Year 2000 No. 199, SSB of RI No. 4020); 9. Government Regulation No. 28 Year 2004(BN No. 7188 pages 18 lOB) concerning Food security, Quality and Nutrition (Sa of Rl Year 2004 No. 107, SSBof Rl No. 4424); 10. GovemmentRegulation No.38Year2007 (BN No. 7576 pages 18-6B) concerning Distribution of Governmental Mans bet\Neen the central GoVernment, RegionalGov ernmentof Province, andRegional Government of Re gency/Municipality (58 of RI Year 2007 No. 82,SSB of RI No. 4737); 11. Decree of President of the Republic ofIndonesia NO.7 Year 2001concerning National Accredited Committed; 12. Decree of the President of the Republic of Indonesia No. 57 Year 2004 (BN No. 7093 page 38) concerning Stipulation on Sugar asGoods underSurveillance; 13. Decree of President of the Republic of Indonesia No. 187/M Year 2004 (BNNo. 7128page 4A)concern ing Establishment of Indonesia Bersatu Cabinet as Business News 7783/3·11-2009 26A amended several timesand latelyamended byDecree of President of the Republic of Indonesia No. 77{P Year 2007; 14. Regulation of President of the Republic of Indonesia No.9 Year zoos {BNNo. 7~82pages.24-.2~}con­ cerning capacity, Duty, Functionl and Organizational Structure andWorkProcedure of the State Ministry of the Repuollc of IndonesIa asamended several times and latelyamended by Regulation of President of the Republic or Indonesia No. 94 Year 2006; 15. Regulation of President of the Republic of Indonesia No. 10Year 2005 (BN No.7220pages 88-128 and so forth) concerning Organizational UnitandDutyof Ech elonI of the state Ministry of the Republicof Indonesia asamended several times andlately amended byRegu lationof president ofthe Republic of Indonesia No. 17 Year 2007; 16. Decision of Ministerof IndustryandTrade No. 61/MPPI Kep/2/2004 (BNNo. 7050pages:tBA-24A)concem IngSugar TradingInter Islands asamended by Deci sion of the Minister of Industry and Trade No. 334/ MPP/Kep/5/2004{BNNo. 7063JNlges ,l.8A-2ZA); 17. Decision of the Minister of Industryand Trade No. 527/ MPP/Kep/9/2004 (BN No. 7135pages 1:LA-19AJ concerning Provision for Imported Sugar asamended several times and lately amended by Regulation of Minister ofTrade of the Republieof Indonesia No. 19/ M-DAG/PERj5j2008 (BNNo. 7698pagesJ6A-JaA); 18. Regl.llation of the Min ister of Industry No. 01jM-INDI PERj3/200S concerning Organization and Work Proce dureof the Department of Industry; 19. Regulation of the Ministerof IndustryNo. 19jM-INDI PER/5/2006 (BN No. -7372 pages J2A-22A) concerning ..... concerning Indonesia NationalStandardization, Man agementandSupervision in Industrial Sector; 20. Regulation of theMinister of Trade No.14/M·DAG/PER/ 3/2007 (BNNo. 7517pages21A-31A) concerning enforcement of Obligatory Indonesia National Standad (SNI) on Trade Service and on Supervision on Goods and sertves on trade; D Eel DES: Tostipulate: REGULATION OFMINISTER OFINDUSTRY ON OBUGATORY ENFORCEMENT OFINDONESIA NATIONAL STANDARD (SNI) ON REFINED CRYSTAL SUGAR. Article 1 What is meant in this Regulation of the Minister by: 1. Refined Crystal Sugar (Refined Sugar) shall be sugar used as basic material in production pro cess, produced by processing Raw Crystal Sugar (GKM) covering affinity, ra-meltlnq clarification, decolorization, crystallization, fugalization, drying and packaging. 2. Productcertificate Using IndonesiaNational Standard Identlflcetlon hereinafter referred to es SPPT-SNI shall be Product certificate Using SNI Identification issued bythe Product certificationInstitution to Producer that is capable to producegoodsand/or service according to SNIrequirements. Business News 7783/3-11-2009 27A 3. Product Certification Institution hereinafter referred to as National Arrredlted Committee and/or <=Il1rointPfi based on Regulation of the Ministerof Industry to run activity on Product Certification Using SNI Identification. 4. National Accredited Committee hereinafterreferredto as KAN shall be Non-Structural InstitutIon eXisting un der and responsible directly to the Presdent, autho rized to qrantaccreditation to laboratoryinstitution to exercise certificationactivity. 5. The Director General of Industrial Management shall beDirector General of Agro and Chemical Industry of the Department orIndustry, 6. Head of BPPI Shall be Head of Industrial Research and Development Agency of the Departmentof Industry. 7. Head of Provincial Service Officeshallbe Head of Pro vincial5ervice Officecarryingout governmental affairs in the field of industry. 8. Head of Regency/Municipality Service Office shall be Head of Regency/Municipality Service Officecarrying out the duty on governmental affairs in the field of in dustry. Article 2 (1) Obligatotryenforcement of Indonesia National Stan dard (SNI) 01-3140.2~2006 on Refined Crystal Sugar or its revision undertariff post HS 1701.99.11.00 and 1701.99.19.00. (2) The t.UUUtU 28A (2) Theobligatory enforcement of SNI referred to·in para graph (1) shell apply on both peckeqed end bulk Re fined Crystal Sugar. Article3 (1) Company that produces or imports Refined Crystal SUgar as referred to in P.rticle Z Shall be obliged to: a. apply SNI and hold SPPT-SNI for Refined Crystal Sugar accordlno to the provisions in SNI for Re fined Crystal Sugar; and b. insertSNIIdentification for Refined Crystal Sugar on everypackage according to the applicable pro vision. (2) Insertionof SNI Identification referred to in paragraph (1) letterb on bulkRefined Crystal Sugar shall be made byattaching the SPPT-SNI. Article4 Anyindustrial company using Refined QystalSugar as referred to in Article2 shall be obliged to complywith the provisions in Article3. Article5 (1) The SPPT-SNI referred to in Article3 letter a, shall be issued by LSPro that has been accredited by ¥.ANandj or appointed bythe Ministerof Industry. (2) The SPPT-SNI referred to in paragraph (1) shall be issued according to: a, f.:iUldellne for P5N 302-2UU6 National stanoannza tton: Evaluation of Product Conformity-Fundamen tal Certification, System 5 by: Business News 7783/3-11-2009 1. conducting test on conformity of the product quality according to SNI or- its revision: end 2. conducting audit on application of SNI19-9001 2001 ISO9001:2000quality management sys tem or its revision or other recognized quality management system; or b. Guideline for PSN 302-2006 National Standardiza tion: Evaluation of Product Conformity-Fundamen tal Certification, System 1bby: 1. for local product the testing of productquality conformity shall conform with SNI or its revi sion shall beconducted for each production fat every three (3) months; or 2. for imported Refined Crystal Sugar: a. evaluation shallbeconducted on the: 1) CoA (Certificate of Analysis) which at least state the nameand address of the cam pany, the name of the testing raboratory, the date of the test, andthe resultof the test that hascomplied with the SNI pa rametersconducted by the testing labo ratory that has been conducting MoU with the LSPro in Indonesia; and 2) Minutesof Sampling submitted;or b. sampling and testing according to SNI pa rametersconducted by the testing labora tory appointed by LSPro, (3) The test referred to in paragraph (2) letter a point a and letter b point 1 may be sub-con tracted to: a. local ..... a. local testing laboratory, that hasbeen accredited by KAN or by testing laboratoryappointed by the Minister of Industry; or b. overseas laboratorythat has been accredited by KAN or by Ac:aedltation Agency of other country that has signed MutualRecognition Arrangement (MAA) with KANand verified by lSPro. (4) Auditof applicatIon of qualitymanagement system as referred to in paragraph (2) letter a point 2 based on guarantee issued byQuality System certification Insti tution that has been eccredtted lJyKAN 01 Aa::.rellild tion Agency of other country that hassigned Mutual Recognition Arrangement (MRA) with KAN. Article6 The LSPro referred to in Article 5 paragraph (1) shall report the resultof certification to the DirectorGen eral of Industrial Management with copy to the Head of BPPI, Head of Provincial Service Officeand Head of Re gency(Munidpality Service Office wherethe factory is lo cated. NUde 7 (1) Imported Refined Crystal Sugar that fails to comply with the provisions referred to inArticle3 shall be pro hibited from entering Indonesian customs area and must be re-exported back or destroyed. (2) Domestic produced and/or imported Refined Crystal Sugar that fails to comply with the provisions referred toin Artide 3 shall beprohibited from usebydomestic industry. Business News 7783/3-11-2009 29A (3) Procedure for destruction, re-exportto the countryof origin and withdrawal of the product from domestic user industryshall beconducted in accordance with the provisions in the statutory regulation. Artide8 (1) Managementand supervision in application of obliga tory SNI on Refined Crystal Sugar by the factory as referred to inArticle 2andArtide 3 shall beconducted bythe Directorate General of IndustrialManagement. (2) In exercising the supervision referred to in paragraph (1), theDirectot General of Industrial Management shall assign Standard Factory Supervisory Officer(PPSP). (3) In carrying out the duty, the Standard Factory Su pervisory Officer (PPSP) referred to in paragraph (2) shall coordinate with the Head of Provincial Service Office and/or Head of Regency/Municipal ity Service Office. Artilce9 The Head or6PPI shall manage [he Confor mity Evaluation Institution in the obligatory applica tion of SNI on Refined Crystal Suqar as referred to in Article 2. Article 10 The LSPro issuing the SPPT-SNI for Refined Crystal Sugar shall be responsible for the implementa tion of supervision of the issued SPPT-SNI on Refined CrystalSugar. Article 11 ..... Article 11 The Director Genderal ot Inc:lustrial Management shall stipulate Technical Guidance onthe implementation of this Regulation of the Minister. Article 12 Any business player violating the provisionsin this: Regulation of the Minister is subjectto penallybased on the provisions inthe statutoryregulation. Artide 13 TtlIS RegulatIon of the MInister shall come lu er feet in three (3) monthsasof the date it isstipulated. For public cognizance, this Regulation of theMin istershall beenacted andshall be announced by pladng it Inthe State Gazette of the Republic of Indonesia. Business News 7783/3~11-2009 30A Stipulated in Jakarta On November 13, LOOt:! MINISTER OFINDUSTRY OFRI sed, FAHMIIDRIS Enacted in Jakarta On November ie, 2008 MlNISfER OFLAW ANDHUMAN RIGHTS OF THE REPUBUC OF INDONESIA Sgd. ANDI MATTALATTA STATE GAZETTE OFTHE REPUBUC OFINDONESIA YEAR 2008 NUMBER 75. ===( MA):::== In viewof:.....