DECREE OF THE MINISTER OF AGRICULTURE AND FORESTRY
No. 520.8/Kpts/TP.270/11/2000
CONCERNING
REGISTRATION AND GRANTING OF PERMANENT LICENSE FOR PESTICIDE
THE MINISTER OF AGRICULTURE AND FORESTERY,
Considering:
- a. to the pesticides for which registration is applied, tests are conducted and have been evaluated and their results are deemed fulfills the determined requirements;
- b. that based on the foregoing and in accordance with provisions in Article 10 of the Decree of the Minister of Agriculture No. 280/Kpts/Um/6/1973, it is considered necessary to register and grant permanent license for the pesticides.
In view of:
- 1. Law No. 12/1992 on Plant Cultivation System (Statute Book of 1992 No. 46, Supplement to Statute Book No. 3478);
- 2. Law No. 23/1992 on Health (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495)
- 3. Law No. 23/1997 on Living Environment Management (Statute Book of 1997 No. 68, Supplement to Statute Book No. 3699)
- 4. Government Regulation No. 7/1973 on Supervision of Circulation, Storage and Usage of Pesticides (Statute Book of 1993 No. 12);
- 5. Government Regulation No. 6/1995 on Plant Protection (Statute Book of 1995 No. 12 Supplement to Statute Book No. 3586);
- 6. Presidential Decree No. 136/1999 on Position, Function, Organizational Composition and Work System of Departments;
- 7. Presidential Decree No. 234/M/2000 on Establishment of New Cabinet for Period 1999-2004;
- 8. Decree of the Minister of Agriculture No. 280/Kpts/Um/6/1973 on Procedures of Application for Registration of Pesticide juncto Decree of the Minister of Agriculture No. 761/Kpts/TP.270/9/98 on Change of Pesticide Registration Fee;
- 9. Decree of the Minister of Agriculture No. 429/Kpts/Um/9/1973 on Requirements of Packaging and Labeling of Pesticides;
- 10. Decree of the Minister of Agriculture No. 944/Kpts/TP.270/9/1984 on Limitation of Pesticide Registration;
- 11. Decree of the Minister of Agriculture No. 479/Kpts/KP.150/1/1990 on Pesticide Committee;
- 12. Decree of the Minister of Agriculture No. 949/Kpts/TP.270/12/1998 on Limited Pesticides;
- 13. Decree of the Minister of Agriculture No. 160/Kpts/OT.210/3/2000 on Organization and Work System of the Agriculture Ministry;
- 14. Decree of the Minister of Agriculture No. 327/Kpts/OT.210/7/2000 on Organization and Work System of the Agriculture Ministry;
- 15. Decree of the Minister of Agriculture No. 385/Kpts/KP.440/8/2000 on Appointment of Chairman, Daily Executive Chairman and Secretary of the Pesticide Committee in the Framework of Rearrangement of the Pesticide Committee:
Bearing in mind:
Opinions of the Pesticide Committee in its Letter No. 446/Kompes/2000 dated October 23, 2000;
DECIDES
To stipulate:
DECREE OF THE MINISTER OF AGRICULTURE AND FORESTRY ON REGISTRATION AND GRANTING OF PERMANENT LICENSE FOR PESTICIDE
Article 1
(1) Pesticides as listed in Attachments I and II to this Decree are registered as granted with permanent license as contemplated in Article 7 of the Decree of the Minister of Agriculture No. 280/Kpts/Um/6/1973, with registration numbers as specified in column 7, in the name of registration holders named in column 6.
(2) To the registration holders as contemplated in paragraph (1) above granted with license that is valid for 5 (five) years as of its stipulation. This Decree is to distribute and issue information concerning pesticides as contemplated in paragraph (1) by observing provisions in this Decree and provisions in other prevailing statutory regulations.
(3) Position of each registration holder as contemplated in paragraph (1) above is subjected to review if he/she is not assigned anymore to register the relevant pesticide by the relevant pesticide formulation owner, or fails to meet any provisions of the prevailing statutory regulations.
(4) Application for re-registration of pesticide as contemplated in column 2 Attachments I and II to this Decree must be submitted in writing before the expiry of license as contemplated in paragraph (2).
Article 2
(1) Pesticides as contemplated in Article 1 paragraph (2) hereinabove contain active materials as specified in column 2 and have formulation form as specified in Attachments I and II to this Decree.
(2) Formulation composition, physical and chemical properties, stability, compatibility and other characteristics of the active materials and the formulation must conform to data and information given in the application for registration.
Article 3
(1) Pesticides as contemplated in Article 1 paragraph (1) are only allowed to:
- a. be imported and/or produced, packed and labelled by the registration holder and/or other parties that are approved by the registration holder, and fulfilling provisions in the prevailing statutory regulations;
- b. be stored in original containers with label approved by the Pesticide Committee.
(2) Pesticides as contemplated in Article (1) paragraph (1) are not allowed to be used with aircrafts unless with permit of the Minister of Agriculture and Forestry or his appointee.
Article 4
(1) The registration holder as contemplated in Article 1 paragraph (1) is obliged to guarantee:
- a. that, at the beginning of circulation, the pesticide complies with the provisions as contemplated in Article 2;
- b. the pesticide is circulated in container and packaging that complies with those that is stated in the application for registration and approved by the Pesticide Committee;
- c. any container and packaging of the pesticide is labeled in accordance with Decree of the Minister of Agriculture No. 429/Kpts/Um/9/1973 and to other prevailing provisions and approved by the Pesticide Committee;
- d. any information in any form, that is issued by him/her, or by other parties on his/her approval, conforms to the provisions of licensing and information given in his/her application for registration.
(2) The registration holder as contemplated in Article 1 paragraph (1) is obliged to endeavour:
- a. quality of the pesticide circulated is not degraded that results in the pesticide ineffective, and/or unsafe in its distribution and usage;
- b. to withdraw from circulation, any pesticide whose quality does not comply with the provisions;
- c. to stop circulation of pesticide whose container. packaging or label is not compliant to the provisions as contemplated in paragraph (1) points b and c, until the container. packaging or label has been replaced with one that is compliant;
- d. to withdraw information in any form that is not in conformity with the prevailing provisions.
(3) The registration holder as contemplated in Article 1 paragraph (1) is obliged to give the Secretariat of Pesticide Committee:
- a. pure active materials for laboratory examination on the pesticide as contemplated in Article 1 paragraph (1);
- b. samples of pesticide formulation, container, packaging and label as contemplated in paragraph (1) point b and c.
Article 5
License as contemplated in Article 1 paragraph (1) paragraph may subject to change, replacement or revocation is it comes out that the pesticide as contemplated in Article 1 paragraph (1) does not comply with the provisions of prevailing statutory regulations, results in undesired side effects, or known having certain potential hazards that are initially not known.
Article 6
This Decree shall come into effect as form the stipulation date.
Issued in Jakarta
on the November 3, 2000
THE MINISTER OF AGRICULTURE AND FORESTRY
Sgd
PROF. DR. IR. BUNGARAN SIRAGIH, M.Sc.
COPIES of this Decree are sent to the distinguished:
- 1. State Minister for Economic Coordinator.
- 2. Mister of Finance;
- 3. Minister of Health and Social Welfare;
- 4. Minister of Employment and Transmigration;
- 5. Minister of Industry and Trade;
- 6. Sate Minister for Living Environment;
- 7. Junior Minister of Forestry;
- 8. The Head of Financial and Development Audit Supervisory Board;
- 9. Leaders of Echelon I Working Unit of the Ministry of Agricultures and Forestry
- 10. Chairman of Pesticide Committee,
- 11. Registration Holders.