REGULATION OF THE MINISTER OF AGRICULTURE
No. 42/PERMENTAN/SR.140/5/2007

CONCERNING
PESTICIDE MONITORING

BY THE GRACE OF GOD ALMIGHTY
THE MINISTER OF AGRICULTURE,

Considering:

In view of:

In view of:

Sub-paragraph of the Head of Pesticide Commission No. 123/KOMPES/2007 dated March 27, 2007;

HAS DECIDED:

To stipulate:

MINISTER OF AGRICULTURE REGULATION CONCERNING PESTICIDE MONITORING;

CHAPTER I
GENERAL PROVISION

Article 1

In this Minister of Agriculture Regulation, the meaning of:

1. Pesticide is all chemical substance and other substances as well as also microorganism and virus which are used for:

2. Monitoring on pesticide is a series of monitoring activity on production, distribution, storing and the usage of pesticide in order of quality guaranteed and it's effectivity, do not disturb health and human safety as well as conservation of life environment and according to the regulation and lawin force.

3. Formulation is a mixture of active material with another material with particular level and form, which possess the capacity as pesticide according with the stipulated purpose.

4. Active material is synthetic active material or natural material which contained in technical material or formulation of pesticide, which have a potential poisonous power or another biological effect for the target organism.

5. Standard active material is pure active material which use as a comparison in analyzes process of content of pesticide active material.

6. Technical material is standard material of formulation making which is the by products of an active material, which contained active material and material of impurities or may also contained another required material.

7. Pesticide for the usage of public is pesticide, which in it's usage does not need requirement and tools of special security which is mentioned outside at label.

8. Limited pesticide is a pesticide which is in it's usage requirement and the special safety tools is mentioned on outside at label.

9. Broken pesticide is pesticide which changes either chemically, physically or biologically.

10. Illegal pesticide is un-registered pesticide or pesticide with expired permit/registration number is given or a pesticide with no label.

11. Fake pesticide is pesticide where the content and or quality are not appropriate where the label is at out of limit of tolerance or pesticide whose trading name, place/package and label copying legal pesticide.

12. Distribution is import-export and or selling/buying in the domestic territory including the pesticide transportation.

13. Storing is having pesticide in stock at a yard or in a room which is used by importer, registration owner, and trader or farming business.

14. Place is a place which directly impacted the pesticide to be stored during the handling process.

15. Production of pesticide is series activity which is related with the making of technical materials, formulation including recycle, placement, wrapping, and pesticide label.

16. Usage of pesticide is using the pesticide with or without tools as referred at paragraph number 1 in this Article.

17. Label is written and shall be enclosed with pictures or symbols, which gives explanation concerning pesticide, and be pasted on the container or wrapping of pesticide.

18. Officer of Monitoring of Pesticide mentioned from here after is called the Officer of Pesticide, is certain employee of Civil State either at Central or at Regional Office which is given the duty to conduct monitoring of pesticide of environment effect as long as registration period, also pollution which is shown up as a cause from the usage of pesticide product.

19 Destroying is the activity to eliminate the characteristic and function of pesticide.

Article 2

The purpose of monitoring of pesticide is to protect the health and safety of human, natural conservation and life environment, to guarantee the quality and effective of pesticide, also to give the protection to consumer, distributor and user of pesticide.

Article 3

Scope of regulating of this monitoring of pesticide covers object of monitoring, requirements, procedures of appointed and .the stopping of monitor of pesticide, duty, authorization and execution of monitoring, reporting, coordination, of a follow up monitoring of pesticide result, as well as counseling and training of pesticide.

CHAPTER II
OBJECT OF MONITORING

Article 4

Object of monitoring of pesticide is:

Article 5

The execution of monitoring of pesticide as referred in Article 4 is conducted through production step, distribution, storing, and usage as well as destroying.

CHAPTER III
REQUIREMENT, PROCEDURE OF APPOINTING AND TERMINATING OF SUPERVISOR OF PESTICIDE

Article 6

(1) Monitoring of pesticide is conducted by Supervisor of Pesticide which consist on Supervisor of Pesticide at Central, Supervisor of Pesticide at Province and Supervisor of Pesticide at Sub-District/Town.

(2) To be appointed as Supervisor of Pesticide as referred in paragraph (1), the followings requirement must be fulfilled:

(3) Employee of Civil State which is appointed as Supervisor of Pesticide but do not have certificate of training as referred at paragraph (2) sub-paragraphsub-paragraph d shall be prioritized to be suggested to follow the training which is related with monitoring of pesticide.

Article 7

(1) Supervisor of Pesticide as referred in Article 6 is appointed by Minister, Governor or Regent/Mayor.

(2) Appointment of Supervisor of Pesticide as referred at paragraph (1) is conducted as follows:

(3) Appointment of Supervisor of Pesticide as referred at paragraph (2) shall come into force for 4 (four) years and shall be re appointed on suggestion of unit of institution head of base administration as referred in Article 6 paragraph (2) sub-paragraph a.

Article 8

(1) Supervisor of Pesticide as referred in Article 6 paragraph (1) shall be dismissed if:

(2) Stopping as referred at paragraph (1) is conducted by functionary as referred in Article 7 paragraph (1).

Article 9

(1) Supervisor of Pesticide is given Identity Card of Supervisor of Pesticide.

(2) Identity Card of Supervisor of Pesticide as referred at paragraph (1) is published by functionary as referred in Article 7 paragraph (1).

(3) Identity Card of Supervisor of Pesticide shall not be handed over to another person.

(4) Form, size and color of Identity Card of Supervisor of Pesticide as mentioned at Enclosure as inseparable part of this Regulation.

Article 10

(1) Supervisor of Pesticide at the Central level in executing its duty is responsible to the Minister of Agriculture through unit of institution head of base administration.

(2) Supervisor of Pesticide at Province in executing its duty is responsible to Governor through unit of institution head of base administration.

(3) Supervisor of Pesticide at Sub-District/Town in executing its duty is responsible to Regent/Mayor through unit of institution head of base of administration.

CHAPTER IV
DUTY, AUTHORITY AND EXECUTION OF MONITORING

Article 11

Supervisor of Pesticide has the duties to:

Article 12

When executing the dut\ies as referred in Article 11, supervisor of pesticide has the authority to:

Article 13

(1) Execution of monitoring of pesticide by Supervisor of Pesticide at the Central level is prioritized at:

(2) Monitoring of pesticide as referred at paragraph (1) shall be executed as directly through coordination with supervisor of pesticide at area.

Article 14

(1) Execution of monitoring of pesticide by Supervisor of Pesticide at Province is prioritized at:

(2) Monitoring as referred at paragraph (1) shall be executed as directly through the coordination with supervisor of pesticide at sub-district/town.

Article 15

Execution of monitoring of pesticide by Supervisor of Pesticide at Sub-District/Town is conducted according with the provision as referred in Article 11 and Article 12.

Article 16

(1)Each Supervisor of Pesticide obliges to conduct an annual work plan to be proosed to each of unit institution head of base of administration.

(2) The work plan as intended in paragraph (1), if approved, is stipulated by each of unit of institution head of base of administration, as an annual work program.

Article 17

Each Supervisor of Pesticide in executing its duty shall be according to the order sub-paragraph from the institution unit of the head of base of administration.

Article 18

(1) Holder of registration number, producer, distributor and user of pesticide are obliged to receive and give the explanation to Supervisor of Pesticide who executes the duties.

(2) If holder of registration number, producer, distributor or user of pesticide reject or prevent the execution of monitoring duty as referred at paragraph (1), the supervisor of pesticide shall ask for assistance of the police officer.

(3) If supervisor of pesticide suspects or finds there is a criminal action at pesticide field, the supervisor oblige to report to an authorized investigator according to regulation and law.

CHAPTER V
REPORTING

Article 19

Result of monitoring in according with object of monitoring as referred in Article 4 and duty of monitoring as referred in Article 11, is reported periodically by Supervisor of Pesticide or at anyoccasion to each of the head unit of institution of the base of administration.

Article 20

The materials to be reported as referred in Article 19, are for:

Article 21

Mechanism of report submission is to be conducted as follows:

CHAPTER VI
COORDINATION OF MONITORING

Article 22

Execution of monitoring of pesticide is conducted as unity and coordinated either between related institutions or between central, province and sub-district/town.

Article 23

(1) Coordination at Central is conducted by Commission of Pesticide as has already established by Decree of Minister of Agriculture.

(2) Coordination at Province is conducted by Team/Commission of Monitoring which has already established with Decree of Governor.

(3) Coordination at Sub-District Town is conducted by Team/Commission of Monitoring which has already established with Decree of Regent/Mayor.

Article 24

Coordination of monitoring of pesticide as referred in Article 23 is conducted at preparing moment, execution and report.

CHAPTER VII
FOLLOW UP ON MONITORING RESULT

Article 25

(1) Follow up to the monitoring result at sub-district/town shall be finished by Regent/Mayor, and if its negative effect is shown up between sub-district/town in one province shall be finished by Governor and if its negative effect is shown up between provinces shall be finished by Minister of Agriculture on suggestion and consideration from Commission of Pesticide.

(2) Follow up on result of monitoring at province shall be finished by Governor, and if its negative effect is shown up between provinces, shall be finished by Minister of Agriculture on suggestion and consideration of Commission of Pesticide.

(3) Follow up of result of monitoring at Central shall be, finished by Minister of Agriculture on suggestion and consideration of Commission of Pesticide.

Article 26

If there is founded the violation:

Article 27

(1) The Destroying as referred in Article 26 sub-paragraph b, c, d, e and f is conducted according with regulation and law which is come into force.

(2) Execution of destroying as referred in paragraph (1) is witnessed by Supervisor of Pesticide, Commission of Pesticide and authorized functionary.

(3) The Destroying as referred at paragraph (2) is made minutes of meeting and signed by Supervisor of Pesticide, Commission of Pesticide and authorized functionary.

Article 28

If warning, obligation and or order as referred in Article 26 do not execute, Supervisor of Pesticide shall report to Investigator of Civil State Employee {PPNS) or Functionary of Police of State of the Republic of Indonesia to conduct law action according with regulation and law which is come into force.

CHAPTER VIII
COUNSELING AND TRAINING

Article 29

For the fluency of execution of monitoring of pesticide at area, Government conducts counseling with:

Article 30

For the fluency of the execution of monitoring of pesticide at area, province government shall conduct the counseling with:

Article 31

For the fluency, execution of pesticide monitoring of sub-district/town conducts counseling to distributor, retailer and pesticide user.

Article 32

(1) Besides counseling as referred in Article 29, Article 30 and counseling as referred in Article 31, to Supervisor of Pesticide, distributor, retailer and pesticide user is given the trainings;

(2) For training curriculum as referred at paragraph (1) is suitability with the necessity of Supervisor of Pesticide, distributor, retailer and pesticide user.

(3) Training as referred at paragraph (1) is conducted as periodically, Central executes the training for Supervisor of Pesticide at Province which is next Province executes the training for Supervisor of Pesticides at Sub-District/Town.

(4) Training curriculum as referred at paragraph (2) is stipulated with own Decree.

Article 33

(1) Training as referred in Article 32 for limited pesticides is executed as coordinately between Team/local Commission of Pesticide Monitoring with Company of the Holder of Registration number of Pesticide.

(2) Training as referred at paragraph (1) is executed according with the stipulated guidance with own Decree.

CHAPTER IX
MISCELLANEOUS

Article 34

Provision of monitoring is regulated in this regulation do not lessen the goods monitoring which is distributed at market according with Law No. 8/1999 concerning Protection on Consumer and its execution regulation.

Article 35

Provisions in this regulation do not lessen the authority from Minister/related of Head of Government Institution of Non Department (LPND) in executing the pesticide counseling which is used at each sectors.

CHAPTER X
TRANSITIONAL PROVISION

Article 36

(1) Appointed supervisor of pesticide before this regulation come into force is still stated as supervisor of pesticide until end of it's appointed of period of time.

(2) Team/established of Commission of Pesticide Monitoring by Governor or Regent/Mayor before this regulation is stipulated, is still execute duty of coordination of pesticide monitoring at each working area until the establishment of Team/Commission of Pesticide Monitoring according with this law.

CHAPTER XI
CONCLUSION

Article 37

Following the stipulation of this regulation, Decree of the Minister of Agriculture No. 517/KPTS/TP.270/9/2002 concerning Pesticide Monitoring is stated not valid.

Article 38

This regulation shall come into force on the stipulated date.

Stipulated in Jakarta,
On May 7, 2007
THE MINISTER OF AGRICULTURE
Signed.
ANTON APRIYANTONO