MINISTER OF AGRICULTURE REGULATION CONCERNING REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF INORGANIC FERTILIZERS
In this Decree, the meaning of:
(1) The regulation shall be prepared as the legal basis for registration, include test for inorganic fertilizers.
(2) The regulation shall aim at ensuring the inorganic fertilizers distributed in the territory of the Republic of Indonesia to meet the quality standards and have their effectiveness guaranteed.
The scope of this regulation shall cover requirements and procedures for registration, testing, obligations of related parties and sanctions.
(1) Every formula of inorganic fertilizer to be used for the need of the agricultural sector shall meet the quality standards and have effectiveness guaranteed and should be registered to the Head of the Center.
(2) Every formula of inorganic fertilizer to be registered for use in the agricultural sector shall be based on results of the quality test and effective test from testing institutions, which have been accredited or are appointed by the Minister of Agriculture.
(3) One inorganic formula may not be registered by applicant by using the same trade mark or brand or trade mark nearly the same as the other registered formula.
(4) The naming of every inorganic fertilizer formula shall be accompanied by evidence that the formula has been registered at the authorized institution in accordance with the provisions of legislation on Intellectual Property Right (IPR).
Applications for registration of inorganic fertilizers can be submitted by individuals or statutory bodies fulfilling the following requirements:
(1) Applications for registration of inorganic fertilizers shall be submitted in writing to the Head of the Licensing and Investment Center by using the form as contained in Attachment I to this regulation and given sufficient duty stamp on the basis of legislation in force.
(2) The applications as intendedintended in paragraph (1) shall be accompanied by the requirements as intendedintended in Article 5.
(1) After receiving the applications for registration completely, the Head of the Center shall give answer in writing whether the applications are accepted or in not later than 5 (five) working days.
(2) In case of the applications for registration as intendedintended in paragraph (1) being acceptable, applicants shall undertake the quality test and effectiveness test of formula of inorganic fertilizers which are registered.
(3) In case of the applications as intended in paragraph (1) being rejected, applicants shall be given letter of rejection, accompanied by reasons in writing.
(4) In case of the Head of the Center being not yet able to give the written answer in the period as intended in paragraph (1), applications for registration shall be deemed acceptable and applicants shall be obliged to undertake the quality test and effectiveness test of inorganic fertilizer formula which are registered.
The test as intendedintended in Article 7 paragraph (2) can be executed testing institutions accredited or appointed by the Minister of Agriculture as contained in Attachment VII to this regulation.
(1) The testing institutions appointed by the Minister of Agriculture as intended in Article 8 minimally shall meet the requirements as follows:
a. Testing Institutions
b. Effectiveness Testing Institutions
(2) Verification of feasibility of the quality and effectiveness testing institutions as intended in paragraph (1) shall be done by institution of the Agricultural Ministry in charge of standardization and accreditation affairs.
The testing institutions as intended in Article 9 paragraph (1) shall use the methods as contained Attachment II in undertaking the quality test of inorganic fertilizers and the methods as contained in Attachment III to this regulation in executing the effectiveness test.
(1) Applications for the quality test shall be conveyed by applicants to the quality testing institutions as intended in Article 8.
(2) The quality testing institutions as intended in paragraph (1) shall convey results of the quality test to the Head of the Center through application for evaluating the quality test results.
(3) Evaluation of the quality test results as intended in paragraph (2) shall be based on SNI or Minimal Technical Requirements of Inorganic Fertilizers as contained in Table 1 of Attachment II to this regulation.
(4) The Minimum Technical Requirements as intended in paragraph (1) can be reviewed and adjusted to the need of fertilizer industry growth, and environmental security on the basis of science and technology.
(5) Based on the evaluation of the quality test results as intended in paragraph (3), the Head of the Center can deny or accept the results of the quality test.
(6) In case of the quality test results being accepted on the basis of the evaluation, applicants shall undertake effectiveness test.
(7) Report of the evaluation of the quality test results shall be conveyed by the Head of the Center to applicants.
(1) Applications for the effectiveness test shall be conveyed by applicants to the effectiveness testing institutions as intended in Article 8.
(2) The effectiveness testing institutions as intended in paragraph (1) shall convey report on results of the effectiveness test to the Head of the Center through application for evaluating the effectiveness test results.
(3) Evaluation of the effectiveness test results as intended in paragraph (2) shall be based on provisions on the success of effectiveness test as contained in Attachment IV to this regulation.
(4) Based on the evaluation of results of the effectiveness test as intended in paragraph (5), the Head of the Center can deny or accept the results of the effectiveness test.
The Head of the Center shall issue registration number to inorganic fertilizer formula already declared acceptable as intended in Articles 11 and 12.
(1) The registration Number as intended in Article 13 shall apply for 5 (five) years and can be extended to another term of 5 (five) years.
(2) The extension of the registration number as intended in paragraph (1) can be realized by enclosing results of the quality test.
(3) The registration No. as intended in paragraph (1) must be renewed after the extended period of 5 (five) years expires.
(4) Renew of the registration No. as intended in paragraph (3) shall be done in accordance with the requirements and procedures for registration of inorganic fertilizers stipulated in this regulation.
(5)In case of the use of inorganic fertilizers being proven to bring about negative impact on human health and environment, the registration number can be reviewed and revoked.
The registration cost of inorganic fertilizers shall constitute Non-Tax State Revenue, which must be remitted to the State Cash with the amount and procedures stipulated on tile basis of the provisions of legislation in force.
(1) Costs of quality test and effectiveness test carried out by carried out by private testing institutions shall be stipulated by the testing institutions.
(2) Costs of the quality test and/or effectiveness test carried out by government-owned testing institutions shall constitute Non-Tax State Revenue (PNBP) whose amount is stipulated on the basis of legislation in force.
(1) Testing institutions shall be obliged to guarantee the confidentiality of formulas of inorganic fertilizers tested and responsible for results of the executed test.
(2) Officers serving the registration of inorganic fertilizers shall keep the secrecy of formulas of the inorganic fertilizers.
(3) The Head of the Center shall manage the registration No. book and record all mutations in both subjects and objects of registration of inorganic fertilizers.
(1) Producers and/or importers shall be responsible for the quality of their production and mention registration number in label in easily visible and readable place as well as uneasy to erase.
(2) The label as intended in paragraph (1) shall be written in the Indonesian language, which contains at least:
(3) Holders of registration numbers shall report every change in subject of holders of registration numbers to the Head of the Licensing and Investment Center for recording in the registration number book and changing the decision on the issuance of registration number.
Holders of registration number shall convey report on procurement, covering the production and import and distribution of fertilizers every 6 (six) months to the Head of the Licensing and Investment Center by using the form as contained in Attachment VIII to this regulation.
Quality and effectiveness testing institutions proven not guaranteeing the confidentiality of formula and irresponsible for the test results as intended in Article 17 paragraph (1) shall be given a written warning and reported to the authorized officials by the Head of the Center for imposing sanctions accordance with legislation in force.
Officers serving the registration number proven not guaranteeing the secrecy of formulas of inorganic fertilizers before the stipulation of the registration number as intended in Article 17 paragraph (2) shall be subjected to employee disciplinary sanction by the authorized official in accordance with legislation effective in the personnel affairs.
(1) Producers or importers of inorganic fertilizers proven not mentioning registration number in the label, not guaranteeing the quality of their production or not reporting change in holders of registration number as intended in Article 18 paragraphs (1) and (4) shall be subjected to sanction of revocation of the registration number by the Head of the Center and recommended to the authorized official so that the production license or import license is revoked and the inorganic fertilizers must be withdrawn from the distribution.
(2) The withdrawal of inorganic fertilizers from the distribution as intended in paragraph (1) shall be done by and at expense of producers and/or importers of the inorganic fertilizers.
(3) Unless producers of inorganic fertilizers already securing registration number convey report on procurement and distribution for 2 (two) years consecutively, the producers shall be subjected to sanction of revocation of registration number by the Head of the Center and the relevant is obliged to withdraw their production from distribution.
Producers and importers failing to meet the provisions in Article 4, Article 5, Article 7 paragraph (2), Article 11, Article 12 and Article 18, besides having subjected to the sanction as intended in Article 20 of this regulation, shall be liable to:
(1) Inorganic fertilizer producers can serve inorganic fertilizer orders with special formula in the physical form of inorganic fertilizers in accordance with the registered formula and for use directly by the ordering parties.
(2) The special formula as intended in paragraph (1) shall not be registered in accordance with this regulation.
Before the ordering parties use the inorganic fertilizers with special formula as intended in Article 24, the fertilizers shall be reported to the Director General of Food Crop in this case the Director of Production Development with a copy made available to the Head of the Center for the purpose of monitoring and supervision.
Inorganic fertilizers with the formula as intended in Article 24 cannot be distributed and used for public interests.
(1) An organic fertilizers supplemented by microbe, phytohormon, adhesive, ameliorant and organic substances shall be registered to follow this regulation.
(2) The quality and effectiveness test of the inorganic fertilizers as intended in paragraph (1) shall be by the testing institutions and evaluated by the technical team established by a special decision.
(1) Inorganic fertilizers which had already been registered and had secured a registration number before the stipulation of this regulation shall be declared to remain valid until the registration period expires and subsequently, the fertilizers shall be re-registered in accordance with the provisions in this regulation.
(2)Inorganic fertilizers in the course of testing or had already been tested before the stipulation of this regulation shall continue to be registered in accordance with the provisions already stipulated.
(3) In case of inorganic fertilizers being in the course of registration before the stipulation of this regulation but had not been tested, they shall be treated in accordance with the provisions in this regulation.
With the enforcement of this regulation, Minister of Agriculture Decree No. 09/KPTS/TP.260/1/2003 concerning Requirements and Procedures for Registration of Inorganic Fertilizers shall be declared null and void.
The regulation shall come into force as from the date of stipulation.
Stipulated in Jakarta
On February 14, 2007
THE MINISTER OF AGRICULTURE
Signed
ANTON APRIYANTONO