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GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NO. 7/1973

ON
SUPERVISION ON CIRCULATION, STORAGE AND USE OF PESTICIDE

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering :

• a. that in the framework of the efforts to increase the agricultural production, pesticides play an important role;
• b. that in order to protect safety of human, water resources, natural fauna and flora and to avoid environmental contamination, it is considered necessary to immediately issue a government regulation concerning Supervision on Circulation, Storage and Use of Pesticide;
• c. that in order to implement Law No. 11/1962 on Hygiene for Businesses to Public, it is necessary to issue Government Regulation concerning Supervision on Circulation, Storage and Use of Pesticide.

In view of :

• 1. Article 5 paragraph (2) of the 1945 Constitution;
• 2. Ordinance of Dangerous Materials (Statute Book of 1949 - 377);
• 3. Law No. 2/1951 (Statute Book of the Republic of Indonesia of 1951 No. 3) On Declaration of Enactment of Accident Law No. 33/1947 of the Republic of Indonesia for all of Indonesia territory;
• 4. Law No. 9/1960 (Statute Book of the Republic of Indonesia of 1960 No. 131, Supplement to Statute Book of the Republic of Indonesia No. 2068) on Fundamentals of Health;
• 5. Law No. 2/Prp/1960 (Statute Book of the Republic of Indonesia of 1960 No. 14) on Warehousing;
• 6. Law No. 11/1962 (Statute Book of the Republic of Indonesia of 1962 No. 48) on Hygiene for Businesses to Public;
• 7. Law No. 6/1967 (Statute Book of the Republic of Indonesia of 1967 No. 10, Supplement to Statute Book of the Republic of Indonesia No. 2824) on Basic Provisions on Livestock Breeding and Animal Health;
• 8. Law No. 1/1970 (Statute Book of the Republic of Indonesia of 1970 No. 1, Supplement to Statute Book of the Republic of Indonesia No. 2918) on Occupational Safety.

DECIDES:

To stipulate :

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA ON SUPERVISION ON CIRCULATION, STORAGE AND USE OF PESTICIDE.

Article 1

Referred to in this government regulation as:

• a. Pesticide shall be all chemical agents and other materials and microorganisms and viruses that are used to:
• - eradicate or prevent pests and diseases that destroy plants, parts of plant or plant products;
• - eradicate grasses;
• - kill leaves and prevent undesired growth;
• - regulate and stimulate the growth of plants or parts of plant excluding fertilizer:
• - eradicate or prevent external pests in bred animals and livestock;
• - eradicate or prevent water pests;
• - eradicate or prevent animals and microorganisms in households, buildings and in transportation equipments;
• - eradicate or prevent animals that may cause disease in human or animals that need to be protected by the use in plants
• , soil or water.
• b. Circulation shall be a pesticide import-export and sale-purchase in home country including its transportation.
• c. Storage shall be to have in stock in the yard or in a room that is used by importer, trader or in agricultural businesses.
• d. Use shall be to use pesticide with or without tools with a purpose as specified in sub a of this Article.
• e. Applicant shall be any person or legal entity who applies for pesticide registration and license.

Article 2

(1) Every person or legal entity is prohibited to use pesticides that are not registered and or obtaining licence of the Minister of Agriculture.

(2) Procedure of application for registration and licence is regulated further by the Minister of Agriculture.

(3) Circulation and storage of pesticide is regulated by Minister of Trade upon proposal of the Minister of Agriculture.

Article 3

(1) Licence as contemplated in Article 2 of this Government Regulation is given either as permanent licence, provisional licence or trial licence.

(2) The Provisional licence and trial licence is given for the period of 1 (one) year.

(3) Permanent licence is given for the period of 5 (five) years, provided that this licence can be reviewed within a certain period or revoked is deemed necessary due to undesired side effects.

(4) Review of revocation of a permanent licence, provisional licence or trial licence shall be conducted by the Minister of Agriculture.

Article 4

(1) Licence is given if the pesticide is deemed effective, safe and meet other technical requirements and used in accordance with instruction mentioned in the label.

(2) The technical requirements and labeling shall be regulated further by the Minister of Agriculture.

Article 5

(1) For purpose of registration and licence granting, the applicant is charged with costs the amount of which is determined by the Minister of Agriculture.

(2) Costs for the registration and licence granting purpose as referred to in paragraph (1) of this Article, are obliged to be deposited to the State Treasury Office.

Article 6

Any person or legal entity is prohibited to circulate, store or use pesticide that has obtained licence, in deviant from instructions that have been determined at licence granting.

Article 7

Any person or legal entity who circulates, stores or uses pesticide is obliged to give opportunity and permit, to any officer who is appointed by the Minister of Agriculture who is authorized to conduct examination on construction of the storage room, storage method, occupational safety and health, expenditure accounts, quality of labels, wrappings and residue.

Article 8

Anyone who commits in any conduct that is in contradictory with provisions in Articles 2, 6, 7 and 9 of this Government Regulation, shall be subjected to punishment based on provision in Article 9 of Law No. 11/1962.

Article 9

Any person or legal entity who circulates and stores pesticide when this Government Regulation comes to effect, is obliged to adjust with provisions in this Government Regulation within 12 (twelve) months.

Article 10

Matters that directly and indirectly relate to the safety and health of human being shall be regulated by the Minister of Health and the Minister of Employment in accordance with their respective scope of duty and authority.

Article 11

Matters which are not regulated sufficiently in this Government Regulation, shall be regulated further by the Minister of Health, the Minister of Agriculture and the Minister of Trade.

Article 12

This Government Regulation shall come into effect as form the stipulation date.

For public cognizance, this Government Regulation shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.

Stipulated in JAKARTA
On : March 17, 1973
PRESIDENT OF THE REPUBLIC OF INDONESIA.
Sgd.
SOEHARTO
GENERAL OF T.N.I

Promulgated in Jakarta
On : March 17, 1997
THE MINISTER/STATE SECRETARY OF THE REPUBLIC OF INDONESIA
sgd.
SUDHARMONO SH
MAJOR GENERAL OF T.N.I