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Regulation Of The Minister Of Industry Number 35/m-Ind/per/3/2011 In 2011

Original Language Title: Peraturan Menteri Perindustrian Nomor 35/M-IND/PER/3/2011 Tahun 2011

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STATE NEWS
REPUBLIC OF INDONESIA

No. 167, 2011

INDONESIAN REPUBLIC OF INDUSTRY MINISTER REGULATION
NUMBER 35 /M-IND/PER/3/2011
ABOUT
INDONESIA NATIONAL STANDARD ENFORCEMENT (SNI)
WHEAT FLOUR AS A FOOD INGREDIENT IS OBLIGATORY

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF INDUSTRIES OF THE REPUBLIC OF INDONESIA,

Weigh: a.   that in connection with the revision of the Indonesian National Standard (SNI) of the Terigu Tepung as a mandatory food ingredient with Regulation Minister Perindustrian Number 49/M-IND/PER/7/2008, need to rearrange the related matter with the The treatment of SNI Tepung Terigu as a food item as arranged in the Minister's Ordinance is referred to;
B.   that under consideration as intended in the letter a, it needs to be issued the Regulation of the Minister of Industry;

Given: 1. Act No. 5 of 1984 on Industry (State Gazette of Indonesia Republic of 1984 No. 22, Additional Gazette Republic of Indonesia Number 3274);
2. Law No. 7 Year 1994 on Enactment Of The Agreement Establishing The World Trade Organization (The Agreement For The Creation Of The World Trade Organization) (State Sheet Of The Republic Of Indonesia In 1994 Number 57, Additional Gazette Of The Republic Of The Republic Of Indonesia Indonesia Number 3564);
3. Act Number 10 of 1995 on Kepabeanan (Sheet of State of the Republic of Indonesia of 1995 Number 75, Additional Gazette number 3612) as amended by Law No. 17 Year 2006 (State Sheet of the Republic of Indonesia) Year 2006 Number 93, Additional Gazette of the Republic of Indonesia Number 4661);
4. Act No. 8 of 1999 on Consumer Protection (State Sheet of Indonesia Year 1999 Number 42, Additional Gazette of the Republic of Indonesia No. 3821);
5. Law No. 32 Year 2004 on Local Government (Indonesian Republic Year 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as has been several times amended last by the Act Number 12 In 2008 (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);
6. Government Regulation No. 17 Year 1986 on Regulating Authority, Coaching, and Industrial Development (State Sheet of Indonesia Year 1986 No. 23, Additional Gazette Republic of Indonesia Number 3330);
7. Government Regulation No. 102 Year 2000 on National Standardization (State Sheet of Indonesia 2000 Number 199, Additional Gazette Republic of Indonesia Number 4020);
8. Government Regulation No. 38 Year 2007 on the Partition of Government Affairs Between Government, Provincial Local Government and District/City Government (State Gazette of 2007 Indonesia Number 82, Extra State Sheet) Republic of Indonesia No. 4737);
9. Regulation of the President of the Republic of Indonesia No. 47 of 2009 on the Establishment and Organization of the Ministry of State;
10.Regulation of the President of the Republic of Indonesia No. 24 Year 2010 on Occupation, Duty and Functions of the Ministry of State as well as the Susunan of the Organization, Duty and Functions of the Ministry of State;
11 Decree of the President of the Republic of Indonesia Number 78 of 2001 on the National Accreditation Committee;
12.Decree of the President of the Republic of Indonesia No. 84 /P of the Year 2009 on the Establishment of the Cabinet of Indonesia United II Period 2009 -2014;
13.5 Trade Minister Regulation No. 14/M-DAG/PER/3/2007 on the Standardization of the Indonesian National Standard Monitoring and Supervision (SNI) of the Goods and Services which are traded as amended by the Minister's Ordinance. Trading Number 30/M-DAG/PER/7/2007;
14.5 Trade Minister Regulation-20/M-DAG/PER/5/2009 on the Terms and Conditions of the Oversight of Goods and/or Services;
15.Regulation of the Minister of Industry Number 86/M-IND/PER/9/2009 about the Indonesian National Standard of Industry Fields;
16.Regulation Minister Perindustrian Number 105/M-IND/PER/10/2010 on the Organization and the Working Governance of the Ministry of Industry;

DECIDED:

Establishing: REGULATION MINISTER REGULATION OF INDONESIAN NATIONAL STANDARDS (SNI) FLOUR AS A COMPULSORY FOOD.

Section 1
In Regulation of the Minister this is referred to:
1. Flour Flour as wheat flour is the flour made from the endosperm of wheat seeds Triticum aestivumL (club wheat) and/or Triticum compactum Host or mix both with the addition of Fe, Zn, Vitamin B1, Vitamin B2 and Folic Acid as fortifies.
2. The next Certificate of Use of SNI Use Product called SPPT-SNI is a Certificate of Use of SNI Use Products issued by the Product Certification Agency to a manufacturer capable of producing the Terigu Tepung as a food item accordingly. SNI requirements.
3. Product Certification Institute, hereafter called LSPro is an institution that has been accredited by the National Accreditation Committee to perform the SNI Use Product Certification activities.
4. The Laboratory of Testing is a laboratory conducting testing activities on the example of goods according to the specification/test method of the SNI.
5. The National Accreditation Committee, which is subsequently referred to as a non-structural institution, is located below and is responsible to the President with the task of establishing an accreditation and certification system as well as authorized to accrue the institution and a laboratory for conducting certification activities.
6. Surveyances are periodically checking and or specifically against companies/manufacturers that have acquired SPPT-SNI for the consistency of application of SPPT-SNI, conducted by the Product Certification Institute.
7. Standard Officer of Goods and Services at the Next Plant called PPSP is a civil servant in the center or area assigned to conduct surveillance of goods and services at the production site and outside of the activities site. The production of the SNS has been in mandatory service.
8. Minister is the Minister who organizes the governance of the industrial field.
9. Directorate General Pembina Industry is Directorate General of Industrial Agro, Ministry of Industry.
10.Director General Pembina Industry is Director General of the Agro Industry, Ministry of Industry.
11.Director of Industry Pembina is the Director who fostered the Industrial Tepung Industry As a Food Materials on the Directorate General of the Ministry of Industry ' s Agro Industry.
12.BPKIMI is the Agency for Climate Policy Studies and Mutu Industries, Ministry of Industry.
13.Service of the Province is the Department of the Province which organizes the governance of the industrial field.
14.7 District/City is the Department of the District/City that organizes the governance of the industry.

Section 2
(1) Enacting Indonesian National Standards (SNI) 3751:2009 Wheat Flour As A Food Ingredient is obligatory with the Tarif HS number HS 1101.00.10.00.
(2) The mandatory SNI application as referred to in paragraph (1) is applied to:
a.   Wheat flour in packaging and or bulk; and
B.   Processed wheat flour repackaged.

Section 3
Companies that produce or import Flour Flour as Food Materials as referred to in Article 2 are required to apply SNI provisions with:
a.   have the SPPT-SNI Tepung Terrace in accordance with the terms of the SNI as referred to in Section 2;
B.   grow the SNI Tepung Terigu mark as a Food Material on each packaging in a place that is easy to read and not easily lost; or
c. attach the SPPT-SNI document to Flour Flour as a Food Materials in bulk form.

Section 4
(1) Flour Flour with HS number 1101.00.10.00 used for non-food purposes is not required to follow the provisions as referred to in Article 3.
(2) Import of Flour Flour used for non-food purposes as referred to in paragraph (1) applies the following terms:
a.   only imported by Importir Manufacturers (IP); and
B.   have a Letter of Description for the utilization of wheat flour for Non-food from the Directorate General of Industrial Pembina.
(3) The Letter of Flour Utilization utilization for non food as referred to in paragraph (1) at least load the infomation as follows:
a.   the identity of the applicant company;
B.   company production capacity and production plans;
c. The amount of products to be imported (for imported goods); and
D.   product specification.
(4) The granting of Flour Utilization for non-food usage as referred to in paragraph (1) is performed under the request of an industry company that is equipped with a sufficient Statement of Statement stating that the product is not available. Imported is a raw material with a proof that can be accounted for.
(5) In giving the Letter of Attraction as referred to in paragraph (1), the Directorate General of Industrial Pembina can coordinate with related agencies and industry associations.
(6) Authorization of Flour Utilization of Flour for non-food as referred to in paragraph (1) is conferred on the Director of Industry Pembina
(7) The provisions and requirements of the granting of the Letter of Addition as referred to in paragraph (1) are further regulated by the Regulation of the Director General of the Industrial Pembina.

Section 5
Wheat Flour as a Food Material as referred to in section 2 traded in the country derived from the results of domestic production or import is required to meet the provisions of the SNI as referred to in Article 3.

Section 6
(1) The Issuer Of SPPT-SNI Flour As A Food Ingredient as referred to in Article 3 of the letter a exercised by the LSPro which has been accredited by the scope corresponding to the SNI Tepung Terigu as a Food Materials and appointed by the Minister, through execution:
a.   National Standardization Guidelines PSN 302-2006: Fitness Assessment-Fundamental Product Certification, System 5, consisting of:
1. Product quality fitness testing matches the SNI as referred to in Section 2; and
2. Audit of application of the SNI ISO 9001:2008 or revision Management System or any other quality management system recognized; or
B.   National Standardization Guidelines PSN 302-2006; Fitness Assessment-Fundamental Product Certification, System 1b, i.e.:
1. For domestic products, product quality fitness testing matches the SNI on each production lot per 3 (three) months;
2. For wheat flour the imported origin must be attached to the Certificate of Analysis (CoA) document that at least lists:
a) the company name and address;
b) the name of the tester Laboratory;
c) the date of testing and testing results that have met the SNI parameters performed by the tester lab that has had MoU with LSPro in Indonesia; and
d) dilamped the News Show Event; or
3. For importation of imported origin, not included with the Certificate of Analysis(CoA) document as referred to in item 2, must be sampling and testing in accordance with the SNI parameters as referred to in section 2 of the paragraph (1) by the LSPro designated tester lab.
(2) Testing as referred to in paragraph (1) the letter a number 1 is performed by:
a.   The tester laboratory that has been accredited by KAN with the scope of the SNI Tepung Terigu as a Food Materials and is appointed by the Minister; or
B.   The overseas laboratories designated by the Minister as long as have agreements in mutual recognition (Mutual Recognition of Arrangement (MRA)) between the Board of Accreditation of the country in question and having a bilateral agreement or Multilateral in the field of technical regulation between the Government of the Republic of Indonesia with the country concerned.
(3) Audit of quality management systems as referred to in paragraph (1) letter a number 2 based on the quality assurance issued by the IBM International Certification Board, which has been accredited by the IBM International Business Intelligence Agency (ISN) or the IBM International Business Process Center ("IBM") that has been properly accredited by IBM signed the Mutual Recognition of Arrangement (MRA) with the KAN.
(4) If the LSPro is not available and the tester laboratory is accredited by the SNI Tepung Terigu scope as a Food Material, the Minister can designate the LSPro and the tester Laboratory whose competitors have been evaluated by BPKIMI.
(5) The LSPro and or the designated tester Laboratory as referred to in paragraph (4) at most (two) years since the appointment must have been accredited by the KAN.

Section 7
(1) The LSPro as referred to in Section 6 of the paragraph (1) or paragraph (4) is required to report the implementation of the certification to the Director General of Industrial Pembina and Head of BPKIMI no later than 7 (7) days of work since the issuer of SPPT-SNI.
(2) The LSPro which publishes SPPT-SNI Tepung Terigu As the Food Materials is responsible for the implementation of the survey use of SNI marks from the published SPPT-SNI.

Section 8
(1) Flour Flour as a Food Materials derived from imports that do not comply with the provisions as referred to in Section 5 are prohibited from entering into the Indonesian Customs region.
(2) The Flour Flour as a Food Materials derived from the import as referred to in paragraph (1) must be destroyed or re-exported by the importer.

Section 9
(1) Flour Flour as a Food Material derived from domestic output that does not meet the provisions of the SNI as referred to in Article 5 is prohibited from being circulated and must be destroyed by the manufacturer in question.
(2) Flour Flour as a Food Material that has been circulating in markets derived from import and or domestic products that do not comply with the provisions as referred to in Article 5 must be withdrawn from circulation and destroyed by the manufacturer or The importer is concerned or re-exported by the importer in question.
(3) The manner in which the reexporting is referred to in Article 8 of the paragraph (2) and the withdrawal of the product of the circulation and the extermination as referred to in paragraph (2) are performed in accordance with the laws.

Section 10
(1) The Industry ' s Directorate General of Pembina performs coaching and supervision over the execution:
a.   the application of SNI Tepung Terigu as referred to in Section 2 of the plant; and
B.   The use of the Non-Food Flour Flour as referred to in Section 4 of the paragraph (1) in the plant is related to the provisions as referred to in Article 4 of the paragraph (2).
(2) The monitoring as referred to in paragraph (1) is performed at least 1 (one) times a year by assigning the PPSP.
(3) BPKIMI carries out coaching on the Institution Assessment of Conformity in order to apply SNI Tepung Terigu as a mandatory Food Materials.
(4) In carrying out coaching as referred to in paragraph (3), BPKIMI may provide a written reprimand to LSPro that does not address the report as referred to in section 8.

Section 11
Director General Pembina Industries set the Technical Lead for the implementation and supervision guidance of the SNI Flour Application as a food ingredient in the factory.

Section 12
The attempted perpetrator, LSPro and or the tester Laboratory who committed the breach to the provisions in the Ministerial Regulation are subject to sanction in accordance with the provisions of the laws.

Section 13
(1) SPPT SNI Tepung Terigu as Food Materials published as per SNI 01-3751-2006 are declared to be in maximum effect to 1 (one) year since the Ordinance of this Minister's Regulation.
(2) The holder of the SPPT-SNI Tepung Terigu as a Food Materials as referred to in paragraph (1) is required to immediately adjust the SPPT-SNI referred to under this Minister's Regulation.

Section 14
The regulation of implementation organized under the Regulation of Industry Minister Number 49/M-IND/PER/7/2008 is stated to remain in effect as long as it has not been replaced under this Minister's Regulation.

Section 15
At the time of the Ordinance of the Minister's Ordinance Number 49/M-IND/PER/7/2008 about the Indonesian National Standard Treatment (SNI) of Flour Flour As A Food Ingredient Was Obligatory and declared to be unapplicable.

Section 16
The Minister ' s rules are starting to apply 2 (two) months from the date of the invitation.

In order for everyone to know, the Regulation of the Minister is promulred by its placement in the News of the Republic of Indonesia.

Set in Jakarta
on date, March 22, 2011
MINISTRY OF INDUSTRY
REPUBLIC OF INDONESIA,

MOHAMAD S. HIDAYAT

Promulgated in Jakarta
on March 23, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIST AKBAR