REGULATION OF THE HEAD OF DRUGS AND FOODS CONTROL AGENCY
NO. HK.00.05.1.55.1621
CONCERNING
THE SUPERVISION OF IMPORTED FOOD PACKING MATERIALS
BY GRACE OF THE ALMIGHTY GOD
THE HEAD OF DRUGS AND FOODS CONTROL AGENCY,
Considering:
- a. that to protect public health, food packing materials used for food packing production must meet safe food packing requirements;
- b. that any import of food packing materials to the Indonesian territory must be put under supervision;
- c. that based on the considerations in a and b, it is necessary to stipulate a Regulation of the Head of the Drug and Food Control Agency concerning the Supervision of Imported Food Packing Materials;
In view of:
- 1. Law No. 23/1992 concerning Health (Statute Book No. 100/1992, Supplement to Statute Book No. 3495);
- 2. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3656);
- 3. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
- 4. Government Regulation No. 69/1999 concerning Food Labels and Advertisements (Statute: Book No. 131/1999, Supplement to Statute Book No. 3867);
- 5. Government Regulation No. 28/2004 concerning Food Security, Quality and Nutrition (Statute Book No. 107/2004, Supplement to Statute Book No. 4424);
- 6. Presidential Decision No. 103/2001 concerning the Position, Task and Authority, and Organizational Structure and Work Mechanism of Non-Ministerial Government Agency that is several times amended the latest by Presidential Regulation No. 64/2005;
- 7. Regulation of the Head of the Drug and Food Control Agency No. HK 00.05.55.6497/2007 concerning Food Packing Materials.
DECIDES:
To stipulate:
REGULATION OF THE HEAD OF THE DRUG AND FOOD CONTROL AGENCY CONCERNING THE SUPERVISION OF IMPORTED FOOD PACKING MATERIALS
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Regulation:
- 1. "Food packing materials" refers to chemical substances used as basic materials and auxiliary materials of food packing materials.
- 2. "Food packing materials" refers to materials used to pack and/or wrap up food, directly or indirectly touching food.
- 3. "The import of food packing materials" refers to the import of food packing materials to the Indonesian territory by land, sea and air.
- 4. "Applicant" refers to an importer and producer engaged in the import of food packing material to the Indonesian customs area.
- 5. "Importer" refers to a corporate body in the form of legal entity engaged in the import of food packing materials to the Indonesian customs area for further distribution and/or own use for food packing.
- 6. "Producer" refers to any individual or corporate body, either in the form of legal entity or non legal entity, engaged in the activity to process raw materials, basic materials, or semi-finished goods into food packages.
- 7. "The Head of the Agency" refers to the Head of the Drug and Food Control Agency of the Republic of Indonesia.
CHAPTER II
REQUIREMENT AND PROCEDURE
Article 2
(1) Importers and producers who are to import food packing materials to the Indonesian territory shall file written applications to the Head of the Drug and Food Control Agency.
(2) Importers and producers who have the right to import food packing materials to the Indonesian territory are only those holding import permits in accordance with the laws.
(3) Approval for the import of food packing materials is given in writing by the Head of the Agency.
(4) The procedure of securing approval for the import of food packing materials as described in paragraph (1) is to be stipulated by the Deputy for Food Safety and Hazardous Material Control to the Head of the Agency.
CHAPTER III
THE TYPES OF FOOD PACKING MATERIALS
Article 3
The types of food packing materials allowed are those as described in attachment to this regulation.
CHAPTER IV
FEES ON THE IMPORT OF FOOD PACKING MATERIALS
Article 4
(1) The approval for the import of food packing materials as described in Article 2 paragraph (3) is given by imposing fees on each item according to the law.
(2) The approval as described in paragraph (1) is only valid for each import (shipment).
CHAPTER V
DEVELOPMENT
Article 5
(1) The Drug and Food Control Agency shall require applicants to document any import, distribution and use of food packing materials as part of efforts to nurture them.
(2) The documentation as described in paragraph (1) shall be done properly.
CHAPTER VI
SUPERVISION
Article 6
The Drug and Food Control Agency shall supervise the import, distribution and use of food packing materials by applicants as described in this regulation.
CHAPTER VII
BAN
Article 7
Applicants are banned from importing food packing materials as described in Article 3 before securing approval from the Head of the Agency.
CHAPTER VIII
SANCTIONS
Article 8
(1) Violators of this Regulation shall be liable to administrative sanctions and/or criminal sanctions in accordance with the law.
(2) The administrative sanctions as described in paragraph (1) are in the form of :
- a. written warning;
- b. ban on the import of food packing materials as described in Article 3 for the time being.
CHAPTER IX
TRANSITIONAL PROVISIONS
Article 9
With the stipulation of this regulation, all regulations related to food packing materials shall remain valid, provided that they do not contradict this regulation.
CHAPTER X
CONCLUSION
Article 10
(1) Technical matters that have not been governed in this regulation are to be stipulated separately.
(2) This regulation shall come into force as from the date of stipulation.
For public cognizance, this regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on April 13, 2009
THE HEAD OFTHE DRUG AND FOOD CONTROL AGENCY,
sgd.
Dr. Husniah Rubiana Thamrin Akib, MS, Mkes, SpFK