Min. Trade 22/M-DAG/PER/5/2010 Amendment to the regulation of the minister of trade No. 62/M-DAG/PER/12/2009 concerning products labeling obligation

a. that in the framework of effectively consumers protection by products labeling in Indonesian language, it is necessary to amend provisions in Regulation of the Minister of Trade No. 62/M-DAG/PER/12/2009 concerning Products Labeling Obligation;

b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

2. Law No. 2/1981 concerning Legal Metrology (Statute Book No. 11/1981, Supplement to Statute Book No. 3193);

3. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);

4. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);

5. Law No. 8/1999 concerning Consumers Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);

6. Law No. 15/2001 concerning Brand (Statute Book No. 110/2001, Supplement to Statute Book No. 4131);

7. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended the latest by Law No. 12/2008 (Statute Book No. 59/2008, Supplement to Statute Book No. 4844);

8. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);

9. Law No. 24/2009 concerning State Flag, Language, and Symbol as well as National Anthem (Statute Book No. 109/2009, Supplement to Statute Book No. 5035);

10. Government Regulation No. 10/1987 concerning Extension Unit, Additional Unit, and Other Legal Unit (Statute Book No. 17/1987, Supplement to Statute Book No. 3351);

11. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 1999/2000, Supplement to Statute Book No. 4020);

12. Government Regulation No. 58/2001 concerning Consumer Protection Monitoring and Supervision (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);

13. Government Regulation No. 38/2007 concerning Administration Duty Sharing among Central Government, Province Government, and Regency/Municipality Government (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);

14. Government Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;

15. Presidential Regulation No. 24/2010 concerning Position, Duty, and Function of State Ministries as well as Organization Structure, Duty, and Function of First Echelon of State Ministries;

16. Presidential Decree No. 84/P/2009 concerning Establishment of Second United Indonesia Cabinet;

17. Decree of the Minister of Industry and Trade No. 61/MPP/Kep/2/1998 concerning Metrological Operation as amended by Regulation of the Minister of Industry and Trade No. 251/MPP/Kep/6/1999;

18. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Work Flow of Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;

19. Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2007 concerning Standardization of Service on Trade and Supervision Indonesian National Standard (SNI) Obliged to Tradable Products and Service as amended by Regulation of the Minister of Trade No. 30/M-DAG/PER/7/2007;

20. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning Issuance of Trading License as amended by Regulation of the Minister of Trade No. 46/M-DAG/PER/9/2009;

21. Regulation of the Minister of Trade No. 19/M-DAG/PER/5/2009 concerning Registration of Manual Book and After Service Guarantee Card provided in Indonesian Language for Telecommunications, Informatics and Electronic Devices;

22. Regulation of the Minister of Trade No. 20/M-DAG/PER/5/2009 concerning Regulation and Method of Supervising Products and/or Services;

23. Regulation of the Minister of Industry No. 86/M-IND/PER/9/2009 concerning National Standardization in Industry;

24. Regulation of the Minister of Trade No. 62/M-DAG/PER/12/2009 concerning Products Labeling Obligation;

HAS DECIDED:

To Stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 62/M-DAG/PER/12/2009 CONCERNING PRODUCTS LABELING OBLIGATION

Article I

Several provisions in Regulation of the Minister of Trade No. 62/M-DAG/PER/12/2009 concerning Products Labeling Obligation shall be amended as follows:

"Article 2

(1) Entrepreneur who produces or imports products for trading in domestic market as intended in Attachments of this Ministerial Regulation is obliged to provide labeling in Indonesian Language.

(2) Attachments as intended in paragraph (1) consists of:

a. Attachment I, list of electronic devices used for household, telecommunication and informatics;
b. Attachment II, list of products used for building materials;
c. Attachment Ill, list of products used for motor vehicle (spare parts etc); and
d. Attachment IV, list of other products.

(3) Entrepreneurs who Import products as intended in paragraph (1), has already been labeled at the time of entering into customs zone inside of Republic of Indonesia.

(4) Labeling as intended in paragraph (1) at least provided in Indonesian language which is clear enough and understandable.

(5) The use of language other than Indonesian Language, Arabic Numbers, and Latin alphabet is allowed if it has no translation in Indonesian Language."

"Article 3

(1) Entrepreneur who produces or imports products for trading purpose in domestic market as intended in Article 2, is obliged to submit sample of label provided in Indonesian Language to Director General of Domestic Trade, in this case is Director of Supervision of Circulated Products and Services.

(2) If sample of label that is submitted to Director as intended in paragraph (1) is approved, Director of Supervision of Circulated Products and Services shall issue certificate on labeling provided in Indonesian Language within 5 (five) working days after receiving sample of label.

(3) Certificate on labeling provided in Indonesian Language as intended in paragraph (2) is:

a. Document explaining status of sample of label is complies with provisions in this Ministerial Regulation for products which produced domestically; or
b. Document becoming attachment to customs clearance for imported products.

(4) Sample of label as intended in paragraph (1) shall be submitted by:

a. e-mail, attention to ditwasb2j@depdag.go.id
b. facsimile, whose number is (021) 3858189; or
c. courier service, or directly sent to Directorate of Supervision of Circulated Products and Services, Directorate General of Domestic Trade, Ministry of Trade of the Republic of Indonesia, Jalan M.I. Ridwan Rais No. 5 Blok II Lantai 3, Jakarta Pusat 10110.

(5) Issuance of certificate as intended in paragraph (2) is free of charge."

"Article 3A

(1) Certificate as intended in Article 3 paragraph (3) is valid as long as entrepreneur continuously produces or imports products stated in that certificate.

(2) Entrepreneur who is intended in paragraph (1) is obliged to submit sample of label according to Article 3 when producing or importing products which are different from statement in certificate."

"Article 11

(1) Labeling provided in Indonesian Language according to this Ministerial Regulation has exception for:

a. Products, if those sold as bulk goods, or on site packaging in front of consumer;
b. Products, which are defined in Attachment I, Attachment II, Attachment Ill, and Attachment IV of this Ministerial Regulation, and if those are intended to be used as material and or auxiliary materials in production process.

(2) Labeling exception applied for imported products as intended in paragraph (1) b shall be issued if motor vehicle manufacturer, sole agent, general importer or supplier applies for exception permit to Director General of Domestic Trade, in this case Director of Supervision of Circulated Products and Services, by submitting the following documents:

a. Domestic Products
1) For producer, copy of Industrial Business Permit (IUI); or
2) For company, acting as supplier:
a) Copy of Trade Business Permit (SIUP); and
b) Copy of appointment letter from producer or copy of business contract between producer and supplier.
b. Imported Products
1) For producer:
a) Copy of Importer’s Identity Number (API); and
b) Copy of Industrial Business Permit (IUI).
2) For sole agent of motor vehicle:
a) Copy of Importer Identification Number (API); and
b) Appointment letter as supplier from producer; and
c) Copy of approval letter as sole agent from the authority agency.
3) For general importer:
a) Copy of Importer’s Identity Number (API); and
b) Copy of appointment letter from producer or business contract between producer and supplier.

(3) Application as intended in paragraph (2) shall be conducted by showing original documents.

(4) Based on application as intended in paragraph (2):

a. Director General of Domestic Trade shall inform list of importers, who are exempted from obligation to provide label in Indonesian Language, to Directorate General of Customs and Excise.
b. Director of Supervision of Circulated Products and Services shall issue certificate of exemption of providing label in Indonesia Language for producer, sole agent of motor vehicle, general importer, and supplier."

"Article 18

When this regulation comes into effect, in case:

a. products as intended in Attachment I, Attachment II, Attachment III and Attachment IV of this Ministerial Regulation have already circulated in market, entrepreneur who produces or imports products, has obligation to adjust labeling into Indonesian Language within 18 (eighteen) months after this regulation takes effect; and
b. If products are not listed in Attachments of this Ministerial Regulation, entrepreneur who produces or imports products:
1. Entrepreneur who has already provided label in Indonesian Language may continue his/her effort to provide label in Indonesian language properly according to product type; and
2. Entrepreneur who has not yet provided label in Indonesian Language may provide label in Indonesian Language properly according to product type."

6. Attachment I, Attachment II, Attachment III, and Attachment IV of Regulation of the Minister of Trade No. 62/M-DAG/PER/12/2009 concerning Products Labeling Obligation shall be amended become Attachment I, Attachment II, Attachment III, and Attachment IV that are integral part of this Ministerial Regulation.

Article II

For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on May 21, 2010
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU

REGULATION OF THE MINISTER OF TRADE
No. 22/M-DAG/PER/5/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 62/M-DAG/PER/12/2009 CONCERNING PRODUCTS LABELING OBLIGATION

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

In view of:

HAS DECIDED:

To Stipulate:

Article I

Article II

REGULATION OF THE MINISTER OF TRADE No. 22/M-DAG/PER/5/2010

CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 62/M-DAG/PER/12/2009 CONCERNING PRODUCTS LABELING OBLIGATION

BY THE GRACE OF ALMIGHTY GOD, THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

In view of:

HAS DECIDED:

To Stipulate:

Article I

Article II

REGULATION OF THE MINISTER OF TRADE
No. 22/M-DAG/PER/5/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 62/M-DAG/PER/12/2009 CONCERNING PRODUCTS LABELING OBLIGATION

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,