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Regulation Of The Minister Of Industry Number 23/m-Ind/per/4/2013 2013

Original Language Title: Peraturan Menteri Perindustrian Nomor 23/M-IND/PER/4/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 565, 2013 MINISTRY OF INDUSTRIES. Classification. Labels. Chemicals. Global harmonization. System. Changes.


REPUBLIC OF INDONESIA ' S INDUSTRIAL MINISTER REGULATION
NUMBER 23/M-IND/PER/4/2013
ABOUT
CHANGES TO THE RULE OF INDUSTRIAL MINISTER NUMBER 87/M-IND/PER/9/2009 ON THE GLOBAL HARMONIZATION SYSTEM OF CLASSIFICATION AND LABELING ON THE CHEMICALS

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF INDUSTRIES OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that in order to implement the global harmonization system of classification and labeling of chemicals based on international provisions, and to protect health, safety, community safety and the environment from the risk of chemicals as well as avoid the difference in classification and labeling of chemicals that can inhibit the agility of the flow of trade and the security of chemicals, need to rearrange the Global Classification System and Label on Chemical Materials regulated in the Ministerial Ordinance Industry Number 87/M-IND/PER/9/2009 on Global Harmonization System Classification and Label On Chemical Materials;
b.that based on consideration as referred to in letter a, need to establish the Regulation of the Minister of Industry on the Change of the Regulation of the Industry Minister Number 87/M-IND/PER/9/2009 on the Global Harmonization System Classification and Label on Chemical Materials;

Given: 1.  Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State as it has been several times amended, last with the Presidential Regulation No. 91 of 2011;
2. Presidential Regulation No. 24 Year 2010 on Occupation, Duty and Functions of the Ministry of State as well as Susunan Organization, Duty and Functions of the Ministry of State as it has been several times amended, lastly with the Presidential Regulation Number 92 2011:
3. Presidential Decree No. 84 /P Year 2009 on the Establishment of the United Indonesia Cabinet United II Year 2009-2014 as amended by Presidential Decree Number 59 /P Year 2011;
4. Presidential Decree Number 129 /M 2010 on the Pit Stop and the Acting Officer of Eselon I in the Environment of the Ministry of Industry;
5. Regulation Minister Perindustrian Number 87/M-IND/PER/9/2009 on Global Classification Systems Classification and Label on Chemical Materials.
6. Regulation Minister of Industry Number 105/M-IND/PER/10/2010 on the Organization and the Working Governance of the Ministry of Industry;

DECIDED:

Establish: REGULATIONS MINISTER OF INDUSTRY ON CHANGES TO THE REGULATION OF THE INDUSTRIAL MINISTER NUMBER 87/M-IND/PER/9/2009 ON THE GLOBAL HARMONIZATION SYSTEM OF CLASSIFICATION AND LABELS ON CHEMICALS.

Article I
Some provisions in Regulation Minister Perindustrian Number 87/M-IND/PER/9/2009 about the Global Classification System Classification and Label On Chemical Materials are changed as follows:

1. The provisions of Article 1 are changed, so it reads as follows:

Section 1
In Regulation of this Minister, referred to by:
1. Industry is an economic activity that processes raw materials, raw materials, half-goods, goods and goods into a higher value for its use, including the design activities of the wake and industrial adhesives.
2. Small and Medium Industries, which is next abbreviated as IKM, is a Small and/or Medium Industry company.
3. Small Industrial Company, which is next abbreviated IK, is the company with an overall investment value up to the Rp.500,000,000,-(five hundred million rupiah) excluding land and building place venues.
4. Medium Industry Company, which is next abbreviated IM, is an industrial company with an overall investment value of greater Rp.500,000,000,-(five hundred million rupiah) up to at most Rp.10,000,000,000,-(ten billion rupiah) does not include the land and the building of the venture.
5. The production of a chemical, which is then called production, is the process of processing raw materials into half-materials and becoming a material so or so through stages of the production process to the packaging of the product.
6. The perpetrator is any person or group that conducts efforts in the fields of production and distribution.
7. Global Harmonized System of Classification and Labelling of Chemicals, which is further abbreviated GHS, is the Global System for standardization criteria and harmonize the chemical hazard classification system as well as communicate such information on the label and the Safety Data Sheet (SDS).
8. Chemical materials are all materials of elements, single compounds and/or mixtures that are solid, liquid, or gas.
9. Danger is the nature of the natural ability of chemicals that can negatively impact.
10.Mixed are combined and/or alloys or solutions consisting of two or more non-reacting compounds.
11.Label is a description of a chemical pictogram shaped hazard or symbol, writing, or any combination of the two or other forms that also contain the identity of the chemical or product, the identity of the manufacturer or supplier, and Chemical classification.
12.Kemasan of chemicals is a container for expressing and/or wrapping chemicals.
13.Number Chemical Abstract Services (CAS) is an international index or registration system that is adopted internationally, allowing it to identify any chemical compounds specifically.
14.Lembar Safety Data Sheet, which is subsequently abbreviated LDK, is a clue sheet containing information of chemicals covering the physical properties, chemistry, the type of danger posed, the manner of handling, special actions in an emergency and any other information required.
15.Building Block GHS is a structure related to the hazard class differentiation and the category used to describe the dangers of single or mixed chemicals in Indonesia in accordance with the Category/Division/Type Purple Book GHS is latest or customized to the conditions in Indonesia.
16.Value Limit Quantity (Cut-off value) is the lowest concentration of a chemical either as an additional material, an octor substance or one component in the mixture that in its calculation is required to determine the classification The mixture is according to GHS provisions.
17.Piktogram Danger is a graphic composition composed of a symbol of danger and other graphic elements such as frames, background patterns or colors that are intended to convey specific information about a danger.
18.Word Signal is a word, that is ”Bahaya” and ”Awas”, which is used to show the relative level of a danger for users to be wary of the potential danger of a chemical.
19.Statement of Danger is a statement intended for each category and class of danger that outlines the basic nature of the dangers of a chemical and if necessary to include the severity of the danger.
20.Statement Of Caution is a phrase that describes actions that are encouraged to be performed in order to reduce or prevent the risk of risk.
21.Director General Pembina Industries is the Director-General in charge of formulating and carrying out policies in the field of chemical industry.

2. The provisions of Article 2 are changed, so it reads as follows:

Section 2
(1) Consent the GHS provision in mandatory at:
a. Single Chemical Materials produced in the country or import since it was enacted by this Minister's Regulation; and
B. Chemicals mixed with domestic production and imports since 31 December 2016.
(2) The obligations as referred to in paragraph (1) of the letter b, are excluded for the small and medium-scale industrial enterprises.
(3) In the event of an international GHS provision change, the enforcement of the GHS provision as referred to in paragraph (1) is mandatory for the slowest return in the term of 1 (year) since the change is referred to.
(4) The provisions referred to in paragraph (1) are exempted for single and mixed chemicals that are products to pharmaceuticals, food adders, cosmetics and pesticide residues in food.

3. The provisions of Article 4 are changed and plus 1 (one) new verse, the verse (4), so it reads as follows:

Section 4
(1) Any chemical material as referred to in Article 2, classified by the danger criteria consists of:
a. Physical hazards;
B. Danger to health; and
C. The danger to the environment.
(2) The physical harm as referred to in paragraph (1) of the letter a, consists of class:
a. Explosive;
B. Flammable gas (including chemically unstable gases/chemically unstable gases);
C. Aerosols;
D. Oxidizing gas;
e. Gas under pressure;
f.   The liquid is easy to ignite;
G. The solid is easily lit;
h. Single chemicals and a self-reacting mixture (swareaction);
i.   Pyrophoric fluid;
J.   Pyrophoric solids;
No, Single chemicals or mixtures that give rise to its own heat (swapanas);
I.   Single or mixed chemicals that if contact with water release the gas is easily flammable;
m. Liquid water oxidizing;
N. Oxidizing solids;
O. Organic peroxides;
p. Corrosive on metal.
(3) The danger to health as referred to in paragraph (1) letter b, consists of class:
a. Acute toxicity;
B. Corrosion/skin irritation;
C. Serious eye damage/irritation on the eyes;
D. Sensitisation of the respiratory tract or on the skin;
e. Mutagenicity in the germ cells;
f.   Carcinogenicity;
G. Toxicity to reproduction;
h. Toxicity in target specific organs after single exposure;
i.   Toxicity to the target specific organs after repeated exposure; and
J.   An aspiration hazard.
(4) The danger to the environment as referred to in paragraph (1) of the letter c, consists of class:
a. Acute or short-term aqueous danger;
B. Chronic or long-term aqueous danger; and
C. It's dangerous to the ozone layer.

4. Between Section 4 and Section 5 of each section, Section 4A, that reads as follows:

Section 4A
(1) The way of the Singular Chemical Hazards Classification as referred to in Article 2 of the paragraph (1), using the Logics Decision method (Decision Logic).
(2) Tata means Classification of Mixed Chemical Materials as referred to in Article 2 of the paragraph (1), using the method:
a. Test results data; and/or
B. "Bridging Principle".
(3) The chemical hazard classification as referred to in paragraph (1) and verse (2), in accordance with the category in Building Block GHS which will be further set up in the Regulation of the Director General of the Industrial Pembina.

5. The provisions of Article 5 are changed, so it reads as follows:

Section 5
(1) The chemicals as referred to in Section 2 are required to be labeled.
(2) The Label as referred to in paragraph (1), must consist of an element:
a. The identity of the chemical;
B. Pictogram Danger;
C. Signal Word;
D. Danger Statement;
e. Careful Statement; and
f.   Manufacturer ID and/or Supplier or importer.
(3) The Label as referred to in paragraph (1) must:
a. Easily read;
B. Clearly visible;
C. Font size and pictogram proportionate;
D. Not easy to break down;
e. It is not easy to escape from its packaging; and
f.   It is not easy to fade due to the influence of sunlight, air, water or otherwise.
(4) The provisions of labeling and the labeling of the labeling on chemical packaging will be further regulated in the Regulation of Director General Pembina Industries.

6. The provisions of Article 9 are changed, so it reads as follows:

Section 9
The chemicals as referred to in Article 2, are required to have an LDK, with the format as set forth in the Attachment which is an inseparable part of the Regulation of this Minister.

7. The provisions of paragraph (1) of Section 10 are amended, so that the entirety of Article 10 becomes the following reads:

Section 10
(1) The labeling of the label as referred to in Article 5 of the paragraph (1) and the LDK writing as referred to in Article 9, are required to use the Indonesian language.
(2) The use of the Indonesian language as referred to in verse (1), may be accompanied by an international language used as an official language in the United Nations.

8. The provisions of Article 11 are changed, so it reads as follows:

Section 11
(1) Any attempted offender producing a chemical and/or consumer product is mandatory:
a. Determine the hazard classification of chemicals and/or products that are produced in accordance with the provisions referred to in Section 4;
B.   Listing the labels as referred to in Section 5 on the chemical and/or product packaging;
C.   Creating LDK as referred to in Article 9 on any chemical and/or product; and
D.   Perform LDK rework and label any changes or at least every 5 (five) years once.
(2) Any attempted offender who performs a chemical repackaging of the material, is mandatory for:
a. Listing the labels as referred to in Section 5;
B. Listing the name and address of the remotest, and the clean weight/volume of the chemicals repackaged; and
C. Includes LDK as referred to in Article 9 for each chemical.
(3) Each offender who has committed an obligation as referred to in paragraph (1) and paragraph (2), shall submit a written report to the Director General of Industry Pembina over the application of GHS on the label and LDK for each product.
(4) The form of the report as referred to in paragraph (3), as set forth in the Attachment that is an inseparable part of the Regulation of this Minister.

9. The provisions of paragraph (1) Section 12 of the paragraph are changed, so that the entirety of Article 12 becomes the following reads:

Section 12
(1) Any attempted offender is prohibited from providing unsuitable/misleading information on the label and LDK of the chemicals it produced.
(2) Any attempted offender is prohibited from producing a chemical without listing the label as referred to in Article 5.
(3) Any attempted offender is prohibited from producing a chemical without being accompanied by LDK as referred to in Article 9.

Ten. The provisions of Article 15 are amended, so it reads as follows:

Section 15
The Director-General of Industry-Pembina sets the Technical and Guidance Surveillance Instructees of this Minister's Regulation.

11. Amended Appendix 87/M-IND/PER/9/2009 Attachment on Global Classification System and Label on Chemical Materials to be as set forth in an Attachment that is an integral part of the Regulation. This minister.

Article II
The Minister ' s Regulation is beginning to apply effectively 3 (three) months from the date of the promulctest.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on April 2, 2013
THE MINISTRY OF INDUSTRY
REPUBLIC OF INDONESIA,

MOHAMAD S. HIDAYAT

It is promulred in Jakarta
on 12 April 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN


Attachment: bn565-2013