Government Mandates SNI for Stainless Steel Food Containers and Restricts the Circulation of Existing Stock under Minister of Industry Regulation Number 1 of 2026

Introduction

On January 23, 2026, the Ministry of Industry issued Minister of Industry Regulation Number 1 of 2026 on the Mandatory Implementation of the Indonesian National Standard for Compartmentalized Stainless Steel Food Containers (“MOI Regulation 1/2026”). MOI Regulation 1/2026 mandates that all stainless steel compartmentalized food container products (food trays) classified under Tariff Post Numbers or Harmonized System (HS) Codes Ex. 7323.93.10 and Ex. 7323.93.90 that are circulated within the territory of Indonesia comply with SNI 9369:2025.

MOI Regulation 1/2026 was issued to ensure human security, health, and safety regarding the use of compartmentalized stainless steel containers that come into direct contact with food. As stated in the “Considering” section, the government enforces the Indonesian National Standard (Standar Nasional Indonesia, “SNI”) on a mandatory basis to preserve environmental functions, encourage fair business competition, and enhance the competitiveness of the stainless steel compartmentalized food container industry. Through this regulation, the government establishes technical and quality standards as prerequisites for product circulation in the domestic market.

Key Provisions

Scope of Mandatory SNI Products and Exemption Mechanism

Articles 2 and 3 govern the scope of products subject to mandatory SNI compliance, as well as the conditions under which such obligation does not apply:

1. Scope of Mandatory SNI Products: The obligation to comply with SNI applies to compartmentalized containers in the form of trays with two or more indentations, whether rectangular, round, oval, or square, with or without lids, made of stainless steel grades 304, 304H, 304L, 310S, 316, and 316L.

2. Exemptions: The SNI obligation does not apply to compartmentalized containers with technical characteristics falling outside the scope of the applicable SNI, sample goods for certification testing, passengers’ personal effects, and sample goods for research and development activities, limited to a maximum quantity of 30 (thirty) pieces per grade and shape.

3. Exemption Certificate: To obtain an exemption, Businesses must submit an application for the issuance of a Certificate to the Director General through the National Industrial Information System (Sistem Informasi Industri Nasional, “SIINas”). Such Certificate is valid for 1 (one) calendar year, and the exempted compartmentalized containers may not be traded or transferred.

Business Entity Production Facility Requirements

Articles 10 and 11 govern the requirements that must be met by Businesses in the context of applying for an SNI Certificate.

1. Domestic Industrial Companies: Industrial Companies are required to hold business licenses in the industrial sector corresponding to KBLI 25992 and/or KBLI 25933, possess a SIINas account, implement the ISO 9001:2015 quality management system, and possess production facilities consisting at least of forming facilities (forming/stamping/drawing machines) for compartmentalized containers, marking facilities in the form of stamping or embossing machines, and finishing facilities.

2. Overseas Producers: Overseas Producers are required to conduct business activities in the compartmentalized container industry, possess and implement the ISO 9001:2015 quality management system, and possess production facilities of the same type as required for domestic Industrial Companies. The application for an SNI Certificate is submitted by the Overseas Producer through an Authorized Representative in Indonesia.

Obligation of Authorized Representative and Warehouse Control

The obligation to appoint an Authorized Representative and control a warehouse for imported compartmentalized containers is governed in Article 11, Article 48, and Article 54, as follows:

1. Appointment of Authorized Representative: An Overseas Producer must appoint 1 (one) Authorized Representative in Indonesia, in the form of a legal entity, to represent the Overseas Producer in fulfilling the applicable SNI provisions.

2. Trademark License: The Authorized Representative must obtain a class 21 trademark license for compartmentalized containers from the Overseas Producer as the trademark owner.

3. Warehouse Control: The Authorized Representative must control a warehouse in the same regency/city or the nearest regency/city to the domicile of the Authorized Representative.

4. Entry and Verification of Imported Goods: Imported compartmentalized containers must be entered into the warehouse controlled by the Authorized Representative before being distributed or transferred, and subject to verification or technical traceability to ensure the conformity of the delivery address with the address of the warehouse controlled by the Authorized Representative.

5. Quality Responsibility: The Authorized Representative is responsible for the quality assurance of compartmentalized containers produced by the Overseas Producer located in the warehouse and/or premises under its control.

Trademark Cooperation and Tolling Scheme

MOI Regulation 1/2026 governs the implementation of trademark cooperation and toll manufacturing (maklun) in the production of compartmentalized containers as set forth in Article 12, Article 17, Article 19, and Article 34.

1. Ownership of SNI Certificate: Under a trademark cooperation or toll manufacturing scheme, the SNI Certificate is issued in the name of the Industrial Company or Overseas Producer as the cooperation recipient or toll manufacturing recipient. The SNI Certificate may include the trademark owned by the cooperation provider or toll manufacturing provider.

2. Trademark License: The implementation of trademark cooperation and toll manufacturing requires a trademark license agreement that has been recorded with the Directorate General of Intellectual Property of the Ministry of Law.

3. Production and Import Reporting: In submitting an application for the issuance of the Approval Letter for the Use of the SNI Mark (Surat Persetujuan Penggunaan Tanda, “SPPT”) SNI, the applicant must submit information regarding the production plan or importation plan as well as the annual production realization or importation realization in accordance with the cooperation scheme undertaken.

4. Product Quality Responsibility: In the event the product has circulated in the market, the responsibility for quality assurance shifts to the trademark cooperation provider or toll manufacturing provider in accordance with the provisions regarding responsibility as set forth in MOI Regulation 1/2026.

Certification Mechanism and Audit Load

Annex Letter D governs the certification scheme as well as provisions on the duration of the conformity audit.

1. Certification Scheme: Businesses may apply for SNI certification under the Type 5 Certification scheme which includes a quality management system audit and product testing. In certain conditions, certification may be conducted under the Type 1n Certification scheme based on shipment or product lot.

2. Conformity Audit Duration: For initial certification, the conformity audit at the production facility is carried out with a duration of at least 6 (six) mandays for domestic Industrial Companies and 4 (four) mandays for Overseas Producers. As for surveillance, the audit duration is 4 (four) mandays for domestic industries and 6 (six) mandays for overseas producers.

3. Legalization of Overseas Producer Documents: Legality documents of Overseas Producers used by the Authorized Representative in the certification process must be legalized by the diplomatic representative of the Republic of Indonesia in the country of origin of the Overseas Producer and translated into the Indonesian language by a sworn translator.

SPPT SNI Validity Period and Surveillance

MOI Regulation 1/2026 distinguishes the validity period of the SNI Certificate and SPPT SNI and governs the periodic supervision obligation as stated in Article 32, Article 41, and Article 45.

1. SPPT Validity Period: The SPPT SNI is valid for 1 (one) year and must be renewed annually as long as the SNI Certificate remains valid.

2. Surveillance: The Product Certification Body (Lembaga Sertifikasi Produk, “LSPro”) conducts surveillance on the SNI Certificate holder at least 1 (one) time in 1 (one) year.

3. Trademark Certificate Provisions in Surveillance: In the event that during the implementation of the second surveillance, the SNI Certificate holder does not yet possess a trademark certificate and can only show proof of trademark registration, the LSPro shall revoke the SNI Certificate in accordance with the provisions of laws and regulations.

Physical Marking Obligation

MOI Regulation 1/2026 governs the obligation of physical marking on compartmentalized containers to ensure product traceability as set forth in Article 31 and Annex Letter E.

1. Marking Method: Marking on compartmentalized containers is carried out using permanent embossing or stamping techniques (raised or recessed).

2. Marking Location: Marking must be carried out at the manufacturing factory's production facility.

3. Marking Information: The physical marking must contain the SNI mark, electronic mark, product name or brand, factory name, production code, product thickness, raw material grade, and country of manufacture.

4. Raw Material Quality Control: The manufacturing factory must possess and maintain supplier evaluation records and raw material verification documents in the form of mill certificates in accordance with the provisions in Annex Letter F.

Administrative and Criminal Sanctions

MOI Regulation 1/2026 governs administrative sanctions and criminal sanctions for violations of the provisions on SNI implementation as set forth in Article 5, Article 43, and Article 45.

1. Criminal Sanctions and Certificate Revocation: Businesses violating SNI provisions are subject to criminal sanctions in accordance with the provisions of laws and regulations as well as revocation of the SNI Certificate and SPPT SNI.

2. Certificate Suspension: The Head of the Agency instructs the LSPro to suspend the SNI Certificate if the LSPro and/or Businesses fail to follow up on non-conformity findings within a period of 30 (thirty) days from the time the findings are conveyed.

Transitional Provisions

Articles 59 and 60 stipulate that conformity Certificates and/or SPPT SNI issued prior to the effective date of MOI Regulation 1/2026 remain valid and must be adjusted to the applicable provisions no later than 1 (one) year from January 23, 2026. Compartmentalized containers produced or imported before the SNI obligation was enforced and which do not yet possess a conformity certificate may only be distributed for a maximum of 3 (three) months from such date. Thereafter, such products must be recalled from circulation.

Closing

MOI Regulation 1/2026 mandates compliance with SNI 9369:2025 for all compartmentalized stainless steel food containers produced domestically or imported. The regulation covers, among others, product scope, production facility requirements, certification and audit mechanisms, physical product marking, validity periods of SPPT SNI and surveillance obligations, as well as administrative and criminal sanctions. For imported products, this regulation requires the appointment of an Authorized Representative in Indonesia who holds a trademark license and controls a warehouse as the location for entry and verification of goods before distribution, while under the trademark cooperation and toll manufacturing scheme, it governs SNI Certificate ownership, trademark license recording, production or import reporting, and the transfer of quality responsibility after the product circulates. In addition to continuous compliance obligations, this regulation also governs transitional provisions, wherein conformity Certificates and/or SPPT SNI issued previously must be adjusted within a certain period, and restricts the circulation of compartmentalized containers produced or imported before the SNI obligation was enforced and which do not yet possess a conformity certificate to only a limited period, such that Businesses need to adjust licensing, production processes, and inventory management to ensure business activities remain in accordance with the applicable provisions.