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Updates: On October 10, 2024, Indonesia promulgated the Amendment to the Minister of Trade No. 7 of 2022 Regulation Concerning Distribution and Control of Hazardous Substances (Ministerial Regulation No. 25 of 2024).
The provisions in Attachment I and Attachement II are partially amended as stated in the Ministerial Regulation No.25 of 2024. It shall come into force on the same date of its promulgation.
On February 10, 2022, Indonesia published the Minister of Trade No. 7 of 2022 Regulation Concerning Distribution and Control of Hazardous Substances (hereinafter referred to as the Regulation) and came into force on the same day. The Regulation, which introduces requirements for the distribution and control of hazardous substances, shall replace the existing regulations, namely the Minister of Trade No. 44 of 2009 and No. 47 of 2019.
The Regulation consists of 44 articles and 3 attachments, establishing a management framework for the distribution, reporting, returning, and destruction of hazardous substances. Below are highlights of the Regulation:
Definition
B2 (Bahan Berbahaya) refers to hazardous substances, which are chemical and biological substances and substances either in a single form or in a mixture that are toxic, carcinogenic, teratogenic, mutagenic, corrosive, and irritating and that may directly or indirectly endanger health and the environment.
P-B2 (Perusahaan Industri B2) refers to B2 domestic producers, who produce and distribute B2 by securing a business permit from the authorized agency.
DT-B2 (Distributor Terdaftar B2) refers to B2 distributors, who are appointed by P-B2 or IT-B2 to distribute B2.
IT-B2 (Importir Terdaftar B2) refers to B2 importers, who carry out B2 import and distribution activities by securing a business permit from the authorized agency.
PA-B2 (Pengguna Akhir B2) refers to hazardous substance end-users, who use B2 distributed from P-B2, DT-B2, or IT-B2 as raw or auxiliary materials to obtain added values.
Distribution
In Indonesia, B2 can only be distributed by DT-B2, P-B2, and IT-B2. The following diagram presents the procedure for the distribution of B2:
P-B2, IT-B2 and DT-B2 are all eligible to distribute B2 listed in Attachment I of this Regulation. P-B2 and IT-B2 may directly distribute B2 to PA-B2. In this case, they are only required to obtain a business permit in accordance with statutory provisions. P-B2 and IT-B2 can also appoint DT-B2 to distribute B2. Upon receiving the letter of appointment, DT-B2 must apply for a business license from the Minister of Trade. Application shall be made electronically through the OSS system. The business license will stay valid for 3 years.
B2 listed in Attachment II can only be distributed directly to PA-B2 by P-B2 or IT-B2, which means DT-B2 is prohibited from handling this type of B2.
Notably, the distribution of B2 needs to attach SDS and label on the packaging. The label shall contain the following information:
Type of B2;
Name and address of the DT-B2, P-B2, or IT-B2;
Net weight or volume of B2;
Usage, hazard pictogram/symbol, signal words, and hazard statement.
Reporting
DT-B2, P-B2, and IT-B2 are required to report the distribution results of B2 online through the Integrated Licensing Information System. Reports shall be submitted every quarter of the year using the form provided in Attachment III of this Regulation. Deadlines for each quarter are listed as follows:
First quarter: April 5
Second quarter: July 5
Third quarter: October 5
Fourth quarter: January 5 of the following year
DT-B2, IT-B2, or PA-B2 must submit a report on the amount and locations of B2 stocks to the Minister and a copy of the report to the governor if:
DT-B2 or IT-B2 stops business activities; or
PA-B2 stops using B2.
