INDONESIA IS RAISING THE BARRIERS ON FOOD TRADINGS ADDING
AN ADDITIONAL CERTIFICATION REQUIREMENT
Altough there is an on-going harmoinizaton effort among the ASEAN countries to easily and safely trade foods, at the end of 2014 Indonesia has published a new act which impose food Manufacturers and distributors to obtain Halal certifications from a newly formed agency called Halal Product Security Agency (BPJPH). With this new regulatory requirement, there are 2 certifications to be obtained, one from the BPOM (Indonesia FDA) and the second from the BPJPH.
Act no. 33/2014: Halal Product Guarantee (Jaminan Product Halal/JPH).
Once approved by the Plenary Session of the House of Representatives on September 25, 2014, Bill Halal Product Guarantee (JPH) has been approved by the President to the 6th, Susilo Bambang Yudhoyono, on October 17, 2014. Subsequently, on the same day, Minister of Law and Human Rights (HAM) United Indonesia Cabinet (KIB) II Amir Syamsudin has enacted the law as Act No. 33 of 2014.
In Act which consists of 68 chapters was affirmed, that the products that enter, circulate, and traded in Indonesia Region shall be certified Halal. To that end, the Government is responsible for conducting a Halal Product Guarantee (JPH).
To carry out the implementation of the JPH, according to this law, formed Halal Product Security Agency (BPJPH) are under and is responsible to the Minister of Religion. In case required, BPJPH can form a representative in the area.
"The duties, functions, and organizational structure BPJPH stipulated in Presidential Decree," reads Article 5 Paragraph (5) of Law No. 33 Year 2014.
According to this Act, in the administration of Halal Product Guarantee, BPJPH authorities, among others:
- Formulate and establish policies JPH.
- Establish the norms, standards, procedures and criteria JPH.
- Issue and revoke certificates Halal on foreign products.
- Halal Certificate registration on foreign products.
"In exercising the authority referred to, BPJPH in cooperation with the ministries and / or agencies, Halal Audit Institutions (LPH), and the Indonesian Ulama Council (MUI)": the wording of Article 7 of this Act."
This law confirms, Halal Certificate application filed by the business communities in writing to BPJPH. Furthermore, BPJPH set LPH for inspection and / or testing of halal products. The inspection and / or testing conducted by the Auditor of halal products in business location during the production process.
"In terms of product inspection as referred contained questionable ingredients halal, can be tested in the laboratory," reads Article 31, Paragraph (3) of Law No. 33 of 2014.
Furthermore, LPH submit the results of the inspection and / or testing of products to BPJPH of halal product to be submitted to the Indonesian Ulama Council (MUI) in order to obtain the determination of halal products.
MUI Fatwa will hold a session to establish halal Halal Products 30 (thirty) working days from the receipt of the results of inspection and / or testing Product from BPJPH. Determination decision MUI Halal Products will be delivered to BPJPH to be the basis for the issuance of Halal Certificate.
"In terms of Halal Fatwa Assembly declared Product is not halal, halal certificate BPJPH restore request to the business communities along with the reasons," reads Article 34 Paragraph (2) of this Act.
While declared lawful by Halal MUI Fatwa Session will be the basis for issuing Halal Certificate BPJPH later than 7 (seven) working days from the date the decision is received from MUI halal products.
Under this law, business communities who have gained the Halal Certificate shall declare Halal Label on:
- Packaging products.
- Certain parts of the product; and / or a specific place in the Product.
"Labeling Halal should be easy to see and read and not easily deleted, removed, or destroyed," the wording of Article 39 of Law No. 33 of 2014.
Halal certificate is valid for 4 (four) years since published by BPJPH, and shall be extended by the business communities to apply for the Halal Certificate renewal no later than 3 (three) months before the expiry Halal Certificate valid.
Halal certificate that has been set by the MUI before this Act applies shall remain valid until the period Halal Certificate end. And before BPJPH established, application for or renewal of Halal Certification is done in accordance with the procedure applicable before this law was enacted.
The Act also confirms, that the MUI continued her task in the field of Halal Certification to BPJPH formed.
"BPJPH should be established no later than three (3) years from the date of enactment of this Act," the wording of Article 64 of Law No. 33/2014 it.
The regulations implementing this Act shall be established no later than 2 (two) years from the date of enactment of this Act. "This Act shall take effect on the date of enactment," the wording of Article 68 of Law promulgated by Justice Minister Amir Syamsudin on October 17, 2014.
The Indonesian food legislation is monitored by the Food Compliance Cloud and available as part of the REGDATA Regulatory Library Database, for further information visit the Selerant Compliance Cloud.