to Indonesian
a. that to implement the provisions of Article 24 of Law No. 2 of 1981 concerning Legal Metrology as well as in the framework of legal certainty for conformance of quantitative labeling and truth of packed goods (BDKT), it is necessary to regulate provisions on BDKT;
b. that the provisions on BDKT that is governed by Decree of the Minister of Industry and Trade No. 61/MPP/Kep/2/1998 concerning Implementation of Metrological has not been suitable anymore to the present conditions and has not been able to accommodate development of BDKT at the regional and international levels so that special regulation is required;
c. that in the framework to implementing the agreements of ASEAN Common Requirements of Pre-packaged Products (ACRPP) and the International Recommendations of the International Organization of Legal Metrology (OIML), it is necessary to re-regulate on the BDKT;
d. that based on the considerations as intended in paragraphs a, b, and c, it is necessary to stipulate Regulation of the Minister of Trade;
1. The Trade Law 1934 (Statute Book No. 86 of 1938);
2. Law No. 2 of 1981 concerning Legal Metrology (Statute Book of the Republic of Indonesia No. 11 of 1981, Supplement to Statute Book of the Republic of Indonesia No. 3193);
3. Law No. 5 of 1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22 of 1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
4. Law No. 8 of 1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42 of 1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);
5. Law No. 32 of 2004 concerning Regional Government (Statute Book of the Republic of Indonesia No. 125 of 2004, Supplement to Statute Book of the Republic of Indonesia No. 4437) as amended by Law No. 12 of 2008 (Statute Book of the Republic of Indonesia No. 59 of 2008, Supplement to Statute Book of the Republic of Indonesia No. 4844);
6. Law No. 39 of 2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166 of 2008, Supplement Statute Book of the Republic of Indonesia No. 4916);
7. Government Regulation No. 10 of 1987 concerning Derivatives Units, Additional Units, and Other Units Applicable (Statute Book of the Republic of Indonesia No. 17 of 1987, Supplement Statute Book of the Republic of Indonesia No. 3351);
8. Government Regulation No. 38 of 2007 concerning the Division of Government Affairs among the Government, Provincial Government and District/Municipality Government (Statute Book of the Republic of Indonesia No. 82 of 2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
9. Presidential Decree No. 84/P of 2009 concerning the Establishment of United Indonesia Cabinet II;
10. Presidential Regulation No. 47 of 2009 concerning the Establishment and Organization of the State Ministries;
11. Presidential Regulation No. 24 of 2010 concerning Position, Duties, and Function of the State Ministries and the Organizational Structure, Duties and Functions of First Echelon of State Ministries;
12. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning Trading License Issuance, as amended by Regulation of the Minister of Trade No. 46/M-DAG/PER/9/2009;
13. Regulation of the Minister of Trade No. 20/M-DAG/PER/5/2009 concerning Provisions and Procedures to Control of Supply of Goods and/or Services;
14. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number (API) as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010;
15. Regulation of the Minister of Trade No. 50/M-DAG/PER/10/2009 concerning Unit of Work and Technical Implementation Unit of Legal Metrology;
16. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import;
17. Regulation of the Minister of Trade No. 62/M-DAG/PER/12/2009 concerning the Inclusion of Label On Goods, as amended by Regulation of the Minister of Trade No. 22/M-DAG/PER/5/2010;
18. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Administration of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING PACKED GOODS.
In this Ministerial Regulation:
1. Packed Goods hereinafter abbreviated as BDKT is certain goods or commodities included into closed package and for use, the package or seal of package must be broken with the quantity already specified and declared in label before the goods are distributed, sold, offered, or displayed.
2. Label is every kind of information in the form of picture, writing, combination of both or other form that contains information of goods and business communities as well as other information in accordance with the provision of legislation, which is accompanied to goods, included inside, affixed to, placed in, or constituting part of goods package.
3. Package is a container used for packing or wrapping goods directly contact with the goods or not contact.
4. Weight is unit synonymous with mass used for state the measurement of scaling result.
5. Empty tube weight or empty weight is a value of nominal weight of tube contained in liquid gas tube.
6. Nominal quantity is the quantitative value of BDKT mentioned in label.
7. Actual quantity is the quantitative value of BDKT obtained from the result of measurement in accordance with the provision in force.
8. Tolerable Mistake Limit is the tolerable limit of negative mistake of the quantity value of BDKT in accordance with the provision in force.
9. Importer is individual or business entity in the form of legal entity or non-legal entity which undertakes importing activity.
10. Import is an activity to supply goods into customs area.
11. Producer is individual or business entity in the form of legal entity or non-legal entity, which produces goods.
12. Packaging is individual or business entity in the form of legal entity or non legal entity, which packs goods.
13. Director General is the Director General in charge of standardization and consumer protection affairs.
14. Minister is the minister in charge of trading affairs.
This Ministerial Regulation applies to:
(1) Producers, importers, or packaging that circulate, offer, display, or sell BDKT in the territory of the Republic of Indonesia, shall include at least the label on the packaging contains about:
(2) In the event that manufacturers or importers do not do their own packaging on goods produced or imported, beside to labeling as intended in paragraph (1) shall also include the name and address of the company who does the packaging of BDKT.
(3) The packaging party as intended in paragraph (1) is a company that does the packaging goods not resulting from its production or import.
(1) Labeling as intended in Article 3 paragraph (1) at least use the Indonesian language that is clear and easy to understand.
(2) The use of language, other than Indonesian language, Arabic numbers, and Latin letters are allowed if the equivalence is not available.
(3) Labeling is done in such a way that is not easily separated from the packaging, not easily worn or damaged, and is easy to see and read.
In addition to labeling as intended in Article 3, the manufacturers, importers, or packaging parties shall obligate include the information in accordance with provisions of regulations must be included.
Manufacturers, importers, or packaging as intended in Article 3 paragraph (1) which circulate, offer, display, or sell BDKT must fulfill:
(1) The conformance of the quantity labeling as intended in Article 6 paragraph a shall cover:
(2) The quantity labeling shall observe size or height of letter and nominal quantity figure as contained in Attachment I, which constitutes an integral part of this Ministerial Regulation.
(3) The writing of unit symbol shall be adjusted to the size of nominal quantitative value of BDKT as contained in Attachment II, which constitutes an integral part of this Ministerial Regulation.
(1) In compliance with the truth of the quantity as intended in Article 6 paragraph b, BDKT nominal quantity must match the actual quantity in accordance with the Tolerable Mistake Limit.
(2) The Tolerable Mistake Limit as intended in paragraph (1) contained in Attachment III which constitutes an integral part of this Ministerial Regulation.
(3) Technical directions for the verifying of the quantity truth as intended in paragraph (1), determined by the Director General.
This ministerial regulation shall be excluded from goods sold in wrapped or packed condition, with the content being food or beverages, which according to the fact, are easy to decay or not durable over 7 (seven) days.
(1) The producers, importers or packaging parties as intended in Article 3 paragraph (1) that fail to meet the provision as intended in Article 6 shall be obliged to withdraw BDKT from the distribution and shall be prohibited from offering, displaying, or selling the said BDKT.
(2) The withdrawal of BDKT as intended in paragraph (1) shall be executed based on instruction of Director General on behalf of the Minister.
(3) All withdrawal costs of BDKT as intended in paragraph (2) shall be borne by producer, importer, or packaging party.
BDKT not matching the provision as intended in Article 6 paragraph a and already withdrawn from distribution by producers, importers or packaging parties as intended in Article 10 paragraph (1) may be distributed, offered, displayed or sold again after fulfilling the provision on the conformance of quantity labeling in accordance with this Ministerial Regulation
(1) Producers, importers or packaging parties not withdrawing BDKT as intended in Article 10 paragraph (1) shall be subject to administrative sanction in the form of:
(2) The revocation of SIUP as intended in paragraph (1) a shall be executed after the official issuing SIUP issues 3 (three) times written warning based on recommendation from the Director General.
(3) The written warnings as intended in paragraph (2) shall be issued respectively at time interval of 7 (seven) calendar days.
(4) The revocation of other business license as intended in paragraph (1) b shall be done by authorized official based on recommendation of Director General.
Following the enforcement of this ministerial regulation, BDKT already circulating on the market shall be adjusted to the provision as intended in Article 6 by producers, importers or packaging parties in no later than 18 (eighteen) months since the enforcement of this Ministerial Regulation.
Following the enforcement of this ministerial regulation, the provision in Chapter X on Packed Goods (BDKT) in Decree of the Minister of Industry and Trade No. 61IMPP/Kep/2/1998 concerning the Implementation of Metrology as amended by Decree of the Minister of Industry and Trade No. 152/MPP/Kep/6/1999 shall be revoked and declared null and void.
This Ministerial Regulation shall come into force 6 (six) months since the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on October 13, 2011
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed,
MARI ELKA PANGESTU