Indonesia Indonesia enacts Regulation on distribution of certain hazardous substances

Indonesia enacts Regulation on distribution of certain hazardous substances

On February 10, 2022, the Regulation of the Minister of Trade No. 7 of 2022 Concerning Distribution and Control of Hazardous Substances was enacted in Indonesia and came into effect on the same day. This Regulation regulates the distribution of certain hazardous substances (B2). Specifically, businesses are required to obtain a business permit to handle hazardous substances, label B2, attach SDS to B2, and report distribution results. Upon the enforcement of this Regulation, the existing Regulations of the Minister of Trade No. 44 of 2009 and No. 47 of 2019 are invalidated.

The original text of this Regulation can be downloaded from the following URL.
http://jdih.kemendag.go.id/peraturan/detail/2203/2

 

The definition of hazardous substances

The definition of “hazardous substances (B2)” as defined in this Regulation is as follows.

Hazardous substances (B2: bahan berbahaya) refer to chemical and biological substances and substances in the form of pure substances or mixtures that are toxic, carcinogenic, teratogenic, mutagenic, corrosive, and irritating and that may directly or indirectly endanger human health and the environment.

The specific list of B2 can be found in Attachment I and Attachment II of this Regulation.

Distribution requirements for hazardous substances

Distribution of B2 in Indonesia may only be conducted by registered hazardous substances distributors (DT-B2), industrial companies handling hazardous substances (P-B2), and registered hazardous substances importers (IT-B2). The definition of each is as follows.

  • Registered hazardous substances distributors (DT-B2: Distributor Terdaftar B2)

Large scale commercial enterprises handling hazardous substances that possess a business identification number under Indonesia Standard Industrial Classification No. 46653 for the distribution of hazardous substances

  • Industrial companies handling hazardous substances (P-B2: Perusahaan Industri B2)

Persons located in Indonesia that perform activities in the hazardous substances industry sector in accordance with the industrial sector regulations

  • Registered hazardous substances importers (IT-B2: Importir Terdaftar B2)

State-owned enterprises as defined by law that possess a business identification number valid as an import identification number and that are engaged in the import and distribution of hazardous substances

DT-B2 must obtain a business permit to handle hazardous substances from the Minister of Trade for the distribution of B2. Application for the permit shall be made online at https://oss.go.id/. The application must be accompanied by documents such as a letter of appointment from P-B2, a written description of the storage, and a document indicating possession of an emergency response system. For P-B2 and IT-B2, only a business permit in accordance with the law is required.

For B2 listed in Attachment I among the regulated B2, P-B2 or IT-B2 may distribute them directly to businesses that use them as raw substances (PA-B2). Alternatively, they may be distributed through DT-B2 as the intermediary. On the other hand, B2 listed in Attachment II must be distributed directly from P-B2 or IT-B2 to PA-B2. In other words, DT-B2 cannot handle these B2.

When distributing B2, it is obligatory to attach SDS (Note: LDK in Indonesian) and label on the packaging. The label must include the following information.

  1. Type of B2
  2. Name and address of DT-B2, P-B2, or IT-B2 packing the B2
  3. Net weight or volume of B2
  4. Application, hazard pictogram/symbol, signal words, and hazard statement

Reporting of B2 distribution results

DT-B2, P-B2, and IT-B2 are required to report the distribution results of B2 online at https://sipt.kemendag.go.id/. DT-B2 are also required to report the amount of B2 obtained from P-B2 or IT-B2. The reporting shall be done quarterly using the form provided in Attachment III of this Regulation following the deadlines below.

  • First quarter results: April 5
  • Second quarter results: July 5
  • Third quarter results: October 5
  • Fourth quarter results: January 5 of the following year

Reporting of inventory quantity, return, and disposal

When DT-B2, IT-B2, or PA-B2 (end users) stop business activities or PA-B2 stop using B2, a report must be submitted to the Minister of Trade regarding the quantity and location of B2 inventory. In addition, it is obligatory to submit a copy of the report to the governor of the province. The inventory shall be returned to its distributors. For example, PA-B2 shall return its inventory to DT-B2, IT-B2, or P-B2. If the inventory cannot be returned, it must be disposed of in the presence of an official of the authority.