a. that to assure the imported fresh food of plant origin into the territory of Indonesia complies with the plant quarantine requirements and does not contain chemical contaminants exceeding maximum limit thus safe and consumable.
b. that to improve the competitiveness of Indonesia's fresh food of plant origin in international market, it is deemed necessary to carry out control over the export of fresh food of plant origin at the designed points of exit
c. that as the implementation of the Government Regulation No. 28/2004 concerning Food Safety, Quality, and Nutrient of Food, Article 40 and 41, it is deemed necessary to stipulate provisions concerning food safety control over the import and export of fresh food of plant origin in a Regulation of the Minister of Agriculture.
1. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (State Gazette of 1992 No. 56, Additional State Gazette No. 3482);
2. Law No. 7/1994 concerning the Ratification of the Agreement Establishing the World Trade Organization (State Gazette of 1994 No. 57, Additional State Gazette No. 3554);
3. Law No. 7/1996 concerning Food (State Gazette of 1996 No. 99, Additional State Gazette No. 3556);
4. Law No. 8/1999 concerning Consumer Protection (State Gazette of 1999 No. 42, Additional State Gazette No. 3821);
5. Government Regulation No. 14/2002 concerning Plant Quarantine (State Gazette of 2002 No. 35, Additional State Gazette No. 4196);
6. Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrient of food (State Gazette of 2004 No. 107, Additional State Gazette No. 4424);
7. Presidential Decree No. 187/M/2004 concerning Establishing Kabinet Indonesia Bersatu;
8 Presidential Regulation No. 9/2005 concerning Position, Tasks, Functions, Organizational Set-Ups, and Methods of The State Ministries of the Republic of Indonesia in conjunction with Presidential Regulation No. 62/2005;
9. Presidential Regulation No. 10/2005 concerning Organizational Units and Task of Echelon I of State Ministries of The Republic of Indonesia;
10. Joint Decree of the Minister of Health and the Minster of Agriculture No. 881/MENKES/SKB/VIII/1996 and No. 711/Kpts/TP.270/8/1996 concerning Maximum Limit of Pesticide Residue on Agriculture Products;
11. Decree of the Minister of Agriculture No. 469/Kpts/HK.310/2001 concerning Points of Entry and Exit of the Carriers of Plant Quarantine Pest;
12. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 concerning Organization, and Methods of the Ministry of Agriculture in conjunction with the Minister of Agriculture Regulation No. 11/Permentan/OT.140/2/2007;
13. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/7/2005 concerning Organizational Completeness, and Methods of the Ministry of Agriculture in conjunction with the Minister of Agriculture Regulation No. 12/Permentan/OT.140/2/2007;
14. Regulation of the Minister of Agriculture No. 37/Kpts/HK.060/1/2006 concerning Technical Requirements and Plant Quarantine Measures for the Importation of Fresh Fruit and Fruit Vegetables into the Territory of Republic of Indonesia;
15. Regulation of the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 concerning Technical Requirements and Plant Quarantine Measures for the Importation of Life Plant Products such as fresh bulb;
16. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Organization and Methods of Technical Implementation Unit of Agricultural Quarantine
1. Principles for Food Import and Export Inspection and Certification (CAC/GL 20-1995);
2. Guidelines for Food Import and Export Control Systems (CAC/GL 47-2003);
3. Guidelines for the Design, Operation, Assessment and Accreditation of Food Import and Export Inspection and Certification Systems (CAC/GL 26-1997);
4. Guidelines on the Judgment of Equivalence of Sanitary Measures Associated with Food Inspection and Certification Systems (CAC/GL 53-2003);
5. Codex Alimentarius Joint FAO/WHO Food Standards Program Volume 2B, Pesticide Residues in Food - Maximum Residue Limits, Second Edition, 2000;
6. Assuring Food Safety and Quality, Guidelines for Strengthening National Food Control Systems, FAO and WHO, 2003;
7. Codex General Standard for Contaminants and Toxins in Foods. CODEXSTAN 1931995, Rev.22006;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING FOOD SAFETY CONTROL OVER THE IMPORT AND EXPORT OF FRESH FOOD OF PLANT ORIGIN
For the purpose of this regulation:
1 "Fresh food of plant origin, then called as FFPO" refers to any unprocessed food of plant origin that can be consumed directly and/or can be used as raw material for FFPO processing.
2 "FFPO Safety" refers to any condition and effort needed to prevent FFPO from possible of chemical contaminants that may cause trouble, loss, and/or harm to human health.
3 "FFPO safety requirements" refers to any standard and other provisions that have to be met to prevent FFPO from any possible chemical contaminants that may cause trouble, loss, or harm to human health.
4 "Certification" refers to the procedures by which an official certification body or an officially recognized certification body provides written or equivalence assurance that the FFPO or its control systems conform to the requirements.
5 "Official certification body" refers to a government agency from the country of origin/country of conveyance having authority to administer inspection and certification system on FFPO safety performing a regulatory or enforcement function or both.
6 "Official recognized certification body" refers to a non-government body which has been formally approved or recognized by the official certification body from the country or origin/country of conveyance to perform inspection and certification on FFPO safety.
7 "Import" refers to any importation of FFPO into the territory of Indonesian through the designated points of entry
8 "Export" refers to any exportation of FFPO from the territory of Indonesia through the designated points of exit.
9 "Entry and exit points" refers to seaport, river port, airport, strait port, dry-port, post office, state-boundary posts that have been designated as the entry and exit points.
10 "Recognition" refers to a form of acceptance of FFPO safety system of a country producing and exporting FFPO, which is not produced in Indonesia, by Indonesia's PAST safety competent authority.
11 "Equivalence agreement" refers to an agreement between importing country and exporting country on different FFPO safety control, yet maybe capable of meeting the same objective.
12 "Recognition of FFPO safety on FFPO production site" refers to a form of acceptance of FFPO safety system in FFPO production site of a country by Indonesia's FFPO safety competent authority.
13 "Good Agricultural Practices / Good Farming Practice (GAP / GFP)" refers to series of practices which implement any available knowledge addressing environmental sustainability, economic, and social for on-farm and post harvest process that produce safe and healthy FFPO and non-FFPO products.
14 "Distribution" refers to a series of activities in order to distribute FFPO to the public, whether for traded or not.
15 "The Plant Quarantine official" refers to a functional official who work in the Agricultural Quarantine Agency and has the task to control plant pest organism.
16 "Monitoring" refers to a series of activities carried out to assess the level of compliance of a country of origin toward the Indonesian FFPO safety requirements.
17 "The owner or representative of FFPO, then called as the owner or its representative" refers to the person or legal entity that own FFPO and/or who is responsible for Importation or exportation of FFPO.
(1) This regulation is intended as a basic for the implementation of safety control of FFPO imported and exported into and from the territory of the Republic of Indonesia.
(2) This regulation aims to avoid FFPO imported and exported into and from the territory of the Republic of Indonesia from the chemical contaminants exceeding maximum limit and thus safe and consumable or meet the requirements of destination country.
The scope of the regulation includes the recognition of FFPO safety system, equivalence agreement and the recognition of FFPO safety in the production site, FFPO importation, and FFPO exportation.
(1) Any person importing or exporting any FFPO into and from the territory of the Republic of Indonesia intended for distribution shall be responsible for its FFPO safety in accordance with the existing laws and regulations.
(2) FFPO Safety for importation as mentioned in point (1) is a condition of FFPO that does not contain chemical contaminants exceeding the maximum limit.
(3) Chemicals contaminants as mentioned in point (2) include pesticide residues, mycotoxin and/or heavy metals.
(4) Export Control is carried out for FFPO exportation based on the requirements of destination countries.
Categories of FFPO, types and maximum limits of pesticide residues, mycotoxin and/or heavy metal contaminants as described in Article 4 point (2) and point (3) are listed in Attachment I and Attachment II as an integral part of this Regulation.
The control of food safety on importation and exportation of FFPO can be carried out through:
(1) FFPO safety control system of a country of origin can be recognized by submitting the application to the Head of Agricultural Quarantine Agency.
(2) The application as described in in point (1) is submitted by the FFPO Safety Competent Authorities of country of origin, completed with information concerning the FFPO safety control system applied during the cultivation, harvesting, handling, storage, and transportation in country of origin up to embarkation onto mode of transport for Indonesia.
(3) The Director General of Indonesian Agriculture Quarantine Agency, after receiving the application as described in in point (1), shall carry out assessment and verification of FFPO safety control system in the country of origin.
(4) The Head of Agriculture Quarantine Agency in carrying out the assessment and verification as described in in point (3) may coordinate with related institutions.
(1) Should the results of assessment and verification as described in in Article 7 meet the Indonesian FFPO safety requirements, the Director General of the Indonesian Agriculture Quarantine Agency gives its recognition of the FFPO safety control system of the country of origin in the form of a Decree.
(2) Should the results of assessment and verification as described in in Article 7 do not meet the requirements of Indonesian FFPO safety, the Director General of the Indonesian Agriculture Quarantine Agency does not give the recognition of FFPO safety control system of country of origin and notify the applicant along with the compelling reasons in writing.
(1) The requirements and procedures of application for recognizing FFPO safety control system in a country are given in Attachment III as an integral part of this Regulation.
(2) Categories of FFPO that can be recognized for their FFPO safety control system are listed in Attachment I as an integral part of this regulation.
(1) Equivalence agreement as described in Article 6 is carried out between the Indonesian Agriculture Quarantine Agency and the Competent Authority of FFPO safety of country of origin.
(2) The Indonesian Agriculture Quarantine Agency in carrying out the equivalence agreement as described in paragraph (1) coordinates with related institutions.
(3) Coordination as described in paragraph (2), among others, includes the readiness of the Indonesian FFPO safety system to meet the implementation of the equivalence agreement.
(1) The requirements and procedures of equivalence agreement of FFPO safety control system as described in Article 10 is given in Attachment IV, as an integral part of this Regulation.
(2) The Categories of FFPO that can be carried out for equivalence agreement is listed in Attachment II, as an integral part of this Regulation.
(1) Should the FFPO safety control system in the country of origin has not been recognized as described in in Article 8 point (1) or does not have an equivalence agreement as described in in Article 10 point (1), FFPO safety control in the production site can be recognized by the Director General of the Indonesian Agricultural Quarantine Agency.
(2) To acquire the recognition of FFPO safety control in FFPO production site as described in in point (1), FFPO producers in the country of origin should submit the application to the Head of Agriculture Quarantine Agency.
(3) The application as described in in point (2) includes information on the PSA safety control, accompanied by information concerning the FFPO safety system applied during the cultivation, harvesting, handling, storage, and transportation from country of origin up to embarkation onto mode of transport for Indonesia.
(1) The Head of Agriculture Quarantine Agency, after receiving the application as described in in Article 12 point (3) shall carry out assessment and verification of FFPO safety control in FFPO production site.
(2) The Director General of the Indonesian Agricultural Quarantine Agency in carrying out assessment and verification as described in paragraph (1) may coordinate with related institutions.
(3) Should the results of assessment and verification as described in paragraph (2) meet the Indonesian FFPO safety requirements, the Director General of the Indonesian Agricultural Quarantine Agency gives its recognition of the FFPO safety control in the production site in the form of a Decree.
(4) Should the results of assessment and verification as described in paragraph (2) does not meet the Indonesian FFPO safety requirements, the Director General of the Indonesian Agricultural Quarantine Agency does not give its recognition of FFPO safety control in production site and notify the applicant along with the compelling reasons in writing.
(1) The requirements and procedures of application for recognizing FFPO safety control system in production site is given in Attachment V, as an integral part of this regulation.
(2) The categories of FFPO that can be recognized for their FFPO safety control in production site is listed in Attachment I and Attachment II, as an integral part of this regulation.
FFPO importation into the territory of Republic of Indonesia as described in Article 4 can be originated from:
(1) The FFPO importation as described in Article 15, letters a, b, and c, shall be:
(2) The FFPO information as described in in point (1) letter a, shall contain the following information:
(3) Identity of FFPO as described in paragraph (2) letter f, describes the general or scientific name, brand, weight per package, and producer.
(1) Importation of FFPO as described in Article 15 letter d, shall be:
(2) Certificates/documents of FFPO safety as described in in point (1) letter a, issued by FFPO Safety Competent Authority in country of origin.
(3) For a country that does not have FFPO Safety Competent Authority, the certificates/documents as described in paragraph (2) may be issued by other institutions that carry out supervision and/or monitoring/surveillance of good agricultural practices to ensure level of FFPO safety, both for domestic consumption or export.
(1) The owner / representative shall notify and submit the FFPO information to the plant quarantine officer at the entry point, at least at the time upon arrival of the FFPO mode of transport.
(2) The information of FFPO as described in in point (1) shown in Attachment VI, as an integral part of this regulation.
(3) Upon arrival at a point of entry, the plant quarantine inspector shall carry out inspection to compare the information of FFPO as described in in point (2) with the identity on the FFPO packaging and/or the physical of FFPO and the data from the recognition of FFPO safety control system, equivalence agreement or the recognition of FFPO safety control in production site.
(1) When the results of the inspection, as described in in Article 18 point(3), show that the FFPO identity on packaging and/or FFPO physical, with data from the recognition of FFPO safety control system, equivalence agreement, or the recognition of FFPO safety control in production site, in conformity with FFPO information, the FFPO will be released.
(2) When the results of the inspection, as described in in Article 18 point (3), show that the FFPO identity on packaging and/or FFPO physical, with data from the recognition of FFPO safety control system, equivalence agreement, or the recognition of FFPO safety control in production side, not in conformity with FFPO information, the FFPO will be rejected.
(1) The release of FFPO as described in in Article 19 point (1) should be monitored to detect chemical contaminants in the FFPO.
(2) In monitoring process as described in in point (1), plant quarantine officer will take a sample of the FFPO at the same time of the inspection of FFPO identity as described in in Article 18 point (3).
(3) Monitoring process as described in in point (1), will be carried out by rapid test and/or test at accredited or appointed laboratory.
(4) The laboratories as described in in point (3) is listed on Attachment VII as an integral part of the regulation.
(5) The procedure of monitoring process as described in in point (1), will be determined further by the Head of Agriculture Quarantine Agency.
(1) When the monitoring results as described in in Article 20 show that the FFPO contain chemical contaminants exceeding the maximum limit as described in Article 5, then:
(2) Cost of laboratory testing for monitoring process is the responsibility of the Indonesian Agriculture Quarantine Agency.
Suspension of the recognition of the FFPO safety control system of country of origin, equivalence agreement, or recognition of FFPO safety control system in production site is carried out by the Head of Agriculture Quarantine Agency, whenever:
(1) Re-recognition of FFPO safety control system, equivalence agreement, or FFPO safety control in production site that have been suspended, as described in in Article 22, may be given by the Director General of the Indonesian Agriculture Quarantine Agency after carrying out re-assessment and reverification in the country of origin.
(2) The Head of Agriculture Quarantine Agency in carrying out the assessment and verification, as described in in point(1), may coordinate with related institutions.
The importation of FFPO originated from a country or a production site, which has been suspended as described in in Article 22, FFPO safety control is carried out as an importation of FFPO originated from a country whose FFPO safety control system is unrecognized, country having no equivalence agreement, production site whose FFPO safety control is cognized.
(1) The owner/representative shall notify and submit the certificate/ document of FFPO safety and the information of FFPO to the plant quarantine officer at the entry point at least when the FFPO arrive.
(2) Should the FFPO importation is not accompanied by certificate/document of FFPO safety and FFPO information as described in in Article 17 point (1) letter a, to the owner/representative is given a chance, at least 14 (fourteen) working days to complete the certificate/document and the information of FFPO safety.
(3) When during the period as described in in point (2), the owner or the representative is not able to complete the certificate/document of FFPO safety, the plant quarantine officer will reject the FFPO.
(1) Should the certificate/document of FFPO safety has accompanied the importation of FFPO, as described in in Article 25 point (1), the plant quarantine officer shall inspect the identity by comparing the information on the certificate/document of FFPO safety and the FFPO information with FFPO identity on the packaging and/or the FFPO physical.
(2) When the results of the inspection as described in in point (1) show that the FFPO identity not in conformity with the information on the FFPO safety certificate/document and the information of FFPO, the FFPO will be rejected.
(3) When the results of inspection as described in in point (1), show that the FFPO identity in conformity with the information on the FFPO safety certificate/document and the information of FFPO, the FFPO will be tested in the laboratory
(1) Should the laboratory test results as described in in Article 26 point (3) comply with the requirements as described in in Article 5, the FFPO will be released.
(2) Should the result of laboratory test as described in in Article 26 point (3) does not comply with the requirements as described in in Article 5, the FFPO will be rejected.
(3) The cost of the laboratory test as described in in Article 26 point (3) is the responsibility of the owner or its representatives.
For the result of the laboratory test as described in in Article 27 point (2), the Indonesian Agriculture Quarantine Agency deliver the notification of noncompliance to the Competent Authority of FFPO Safety of country of origin.
(1) The rejection of the FFPO importation as described in in Article 19, Article 25, Article 26 or Article 27 is presented in a letter of rejection issued by the Plant Quarantine Agency at the entry point.
(2) For the rejection of the FFPO importation as described in in point (1), the Indonesian Agriculture Quarantine Agency will deliver the notification of non compliance to the Competent Authority of FFPO Safety of country of origin.
(3) When after 14 (fourteen) working days since the rejection letter as described in in point (1), FFPO has not been re-exported out of the territory of Indonesia, it will be destroyed and the report will be released.
(4) The incurred expenses of the rejection or destroying will be the responsibility of the owner or its representative.
(1) The exportation of FFPO as described in in Article 4 point (4), shall meet the requirements of FFPO safety of destination country.
(2) The FFPO exportation as described in in point (1) from the territory of Repubic of Indonesia shall be:
(3) Plant Quarantine officer in the exit point will check for the completeness and correctness of required documents by destination country as described in in point (1) and point (2).
(4) Should the inspection results as described in in point (3) meet the requirements, FFPO is allowed to be exported to destination country.
(5) Should the inspection results as described in in point (3), do not meet the requirements of destination country; the FFPO is not allowed to be exported to destination country.
Safety control of FFPO imported into and exported from the territory of Republic Indonesia is carried out in an integrative manner with the implementation of plant quarantine measures.
This regulation shall entry into force 3 (three) months after the date of its issuance.
In order that public may take cognizance of it, this regulation of the Minister of Agriculture shall be published in the Government Gazette of the Republic of Indonesia.
Issued in Jakarta
On the 8th of May 2009
The Minister of Agriculture,
sgd
ANTON APRIYANTONO