a. that to ensure the security of food to be consumed by human beings, both raw materials for processing and processed output to be distributed to the domestic market, so as not to endanger consumers, as well as to harmonize regulations with international rule, it is necessary to control, secure, and trace fishery products to be imported to the territory of the Republic of Indonesia;
b. that the import of fishery products has a chance of becoming the media of carrying and spreading dangerous fish pest and disease to and in the territory of the Republic of Indonesia as well as a chance of endangering the survival of fishery resources, the environment and human beings;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate Regulation of the Minister of Marine and Fishery concerning Quality and Security Control of Fishery Products Imported to the Territory of the Republic of Indonesia;
1. Law Number 3 of 1982 concerning Company Registration Obligatory (Statute Book Number 7 of 1982, Supplement to Statute Book Number 3214);
2. Law Number 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book Number 56 of 1992, Supplement to Statute Book Number 3482);
Law Number 23 of 1992 concerning Health (Statute Book Number 100 of 1992, Supplement to Statute Book Number 3495);
4. Law Number 7 of 1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book Number 57 of 1884, Supplement to Statute Book Number 3564);
5. Law Number 7 of 1996 concerning Food (Statute Book Number 99 of 1996, Supplement to Statute Book Number 3656);
6. Law Number 8 of 1999 concerning Consumers Protection (Statute Book Number 42 of 1999, Supplement to Statute Book Number 3821);
7. Law Number 31 of 2004 concerning Fisheries (Statute Book Number 118 of 2004, Supplement to Statute Book Number 4433) as amended by Law Number 45 of 2009 (Statute Book Number 154 of 2009, Supplement to Statute Book Number 5073);
8. Law Number 17 of 2006 concerning Customs (Statute Book Number 93 of 2006, Supplement to Statute Book Number 4661);
9. Government Regulation Number 69 of 1999 concerning Food Label and Advertisement (Statute Book Number 131 of 1999, Supplement to Statute Book Number 3867);
10. Government Regulation Number 102 of 2000 concerning National Standardization (Statute Book Number 1999 of 2000, Supplement to Statute Book Number 4020);
11. Government Regulation Number 15 of 2002 concerning Fish Quarantine (Statute Book Number 36 of 2002, Supplement to Statute Book Number 4197);
12. Government Regulation Number 28 of 2004 concerning Food Security, Quality and Nutrition (Statute Book Number 107 of 2004, Supplement to Statute Book Number 4424);
13. Presidential Decree Number 84/P of 2009 as amended by Presidential Decree Number 56/P of 2010;
14. Presidential Regulation Number 10 of 2008 concerning Use of Electronic System within the Framework of Indonesian National Single Window (NSW);
15. Presidential Regulation Number 47 of 2009 concerning Formation and Organization of State Ministries;
16. Presidential Regulation Number 24 of 2010 concerning Position, Tasks and Function of State Ministries as well as Organizational Structure, Tasks and Functions of First Echelon Officials of State Ministries;
17. Regulation of the Minister of Marine and Fisheries Number PER.21/MEN/2006 concerning Fish Quarantine Action in Case of Transit;
18. Regulation of the Minister of Marine and Fisheries No. PER.20/MEN/2007 concerning Fish Quarantine Action for the Import of Media Carrying Quarantine Fish Pest and Disease from Abroad and from One Area to Another within the Territory of the Republic of Indonesia;
19. Regulation of the Minister of Marine and Fisheries Number PER.26/MEN/2008 concerning the Authority to Issue and the Format of Fish Health Certificates in the Quarantine Field and Health Certificates in the Fishery Product Quality and Security Field;
20. Regulation of the Minister of Marine and Fisheries Number PER.28/MEN/2008 concerning the Type, Procedure of Issuance and the Format of Fish Quarantine Action Documents;
21. Regulation of the Minister of Marine and Fisheries Number PER.15/MEN/2010 concerning the Organization and Work Mechanism of the Marine and Fisheries Ministry;
22. Decree of the Minister of Marine and Fisheries Number KEP.24/MEN/2002 concerning Procedure and Technical Arrangement of Regulation in Ministry of Marine and Fishery;
23. Decree of the Minister of Marine and Fisheries Number 08/MEN/2004 concerning Procedure to Import New Variety Fish into the Territory of the Republic of Indonesia;
24. Decree of the Minister of Marine and Fisheries Number KEP.32/MEN/2004 concerning Organization and Work Mechanism in the Fish Quarantine Technical Unit;
25. Decree of the Minister of Marine and Fisheries Number KEP.16/MEN/2006 concerning Designation of Places for the Import and Export of Pests and Diseases Carrying Media of Fish Quarantine;
26. Decree of the Minister of Marine and Fisheries Number KEP.01/MEN/2007 concerning the Requirement of Fishery Products Quality and Security Guarantee during Production, Processing and Distribution Process;
27. Decree of the Minister of Marine and Fisheries Number KEP.03/MEN/2010 concerning Kind of Fish Quarantine Pests and Diseases, Classification, Carrying Media, and Their Spread;
REGULATION OF THE MINISTER OF MARINE AND FISHERIES CONCERNING QUALITY AND SECURITY CONTROL OF FISHERY PRODUCTS IMPORTED TO THE TERRITORY OF THE REPUBLIC OF INDONESIA.
In this Ministerial Regulation:
1. Producer Importer’s Identity Number hereinafter called as API-P. is the identity number of producer importer issued by the Director General of Foreign Trade at the Ministry of Trade to importers importing goods to be used by itself and/or for supporting production process and not to be traded or transferred to other party.
2. General Importer’s Identity Number hereinafter called API-U is the identity number of general importer issued by the Director General of Foreign Trade at the Ministry of Trade to importers importing goods for the purpose of business activities by trading or transferring the goods to the other party.
3. Fisheries Products are fishes including other marine biota and/or processed and/or turned into end product in the form of fresh fish, frozen fish, and other processed products for human consumption.
4. Fish is all type or organism whose life cycle is wholly or partly in the water environment.
5. Fisher product quality and security guarantee system is a preventive effort that must be observe and made starting from pre-production, processing to marketing to obtain quality fishery products safe for human health.
6. Fish quarantine officer, hereinafter called as quarantine officer, is a certain civil servant assignment to take quarantine action in accordance with the law and regulation.
7. Quarantine fish pest and disease-carrying media, hereinafter called as carrying media, is fish and/or other articles that can carry quarantine fish pests and diseases.
8. Component authorities are an organizational unit at the Ministry of Marine and Fisheries mandated by the minister to take quarantine action, and control fishery product quality and security guarantee system.
9. Import is the act of importing fishery products to the territory of the Republic of Indonesia according to the classification and definition of fishery product commodity (Harmonized Commodity Description and Coding System) or abbreviated as HS code.
10. Health certificate in the fish quarantine field is an official document signed by a quarantine officer or authorized official in the country of origin or transit certifying that the carrying media contained therein are not infected by quarantine fish pests and diseases and/or required fish pests and diseases.
11. Quality controller is a certain Government Employee assigned to check and taking sample and bring it to laboratory for a further test.
12. Health certificate in the quality field is an official document signed by an authorized official/authorities in the country of origin certifying that the fishery product is safe for human consumption.
13. Release certificate is an official document signed by a quarantine officer certifying that the carrying media contained therein are free from quarantine fish pests and diseases and required fish pests and diseases so that it can be imported to the territory of the Republic of Indonesia or to a certain area in the territory of the Republic of Indonesia.
14. Good Manufacturing Certificate, hereinafter called as SKP is a certificate issued to a fish processing unit applying Good Manufacturing Practice (GMP) and meeting Standard Sanitation Operating Procedure (SSOP) and Good Hygiene Practice (GHP) according to the standard and regulation of the competent authorities.
15. Temporary detention certificate is an official document signed by a quarantine official in the point of import/export certifying that the fishery products contained therein are subject to detention measure.
16. Certificate of rejection is an official document signed by a quarantine officer at the point of entry/release stating that the fishery product contained herein is subject to act of rejection.
17. Official report of destruction is an official report made and signed by a competent officer and owner or proxy in the designated place stating that imported fishery product has been destroyed because it is not free or cannot be freed from quarantine fish pests and diseases, does not fit for consumption, or does not meet quarantine requirements and other requirements.
18. Good Aquaculture Practices, hereinafter called as SAP, is guidance and procedure of farming include caring and/or raising fishery products and harvest their products in a controlled environment so to ensure food safety from the farming by observing sanitation, feed, seed, fish medicines, residue and chemicals as well as biological materials
19. Good Handling Practice, hereinafter referred to as GHdP, is guidance and procedure of handling fish from fish catch well, ranging from the time of shipping to the time of landing/unloaded to be able to meet fish catch quality and security guarantee requirements.
20. Approval of the release of carrying media from the entry point is an official document signed by a quarantine officer at the entry point or customs area stating that the carrying med contained herein is approved to be released from the entry point or customs area to take fish quarantine action or to remove it to free traffic.
21. Entry point and release point is a sea port, river port, ferry terminal, airport, post office, order post and other places considered necessary designated as a point of entering and/or releasing quarantine fish pest and disease carrying media.
22. Re-import is the act of re-importing Indonesian fishery products which are partly or wholly rejected by importing/destination countries.
23. Minister is the minister overseeing fisheries affairs.
24. Director General is the Director General of Fishery Products Processing and Marketing.
25. Head of the Body is the Head of the Fish Quarantine, Quality Control and Fishery Product Security.
26. Provincial office is a provincial office responsible for fishery affairs.
27. Regency/Municipal Office is a regency/municipal office responsible for fishery affairs.
28. Every Body is an individual or corporate body.
The scope of this Ministerial Regulation are:
(1) Anybody who is to apply for the import of fishery product shall hold Producer Importer’s Identity Number (API-P) or General Importer’s Identity Number (API-U).
(2) Importers who hold API-P to apply importing fishery products shall enclose the following requirements:
(3) Importers that hold API-U in applying for the import of fishery products shall enclose the following requirements:
(1) Every fishery product imported to the territory of the Republic Indonesia:
(2) Fishery products in the form of new types of fish for the first time imported to the territory of the Republic of Indonesia shall be subject to a risk analysis of importing fish according to the law and regulation.
In the framework of efficient quality and security inspection of fishery products at the entry gate, countries of origin shall be distinguished into (three) categories, namely:
(1) In case a country of origin has signed a cooperation agreement with Indonesian in the form of Mutual Recognition Agreement (MRA) or Memorandum of Understanding (MoU) or the like as intended in Article 5 paragraph a, importer of fishery products can only receive fishery products from suppliers and/or Fish Processing Unit (UPI) submitted by the competent authorities in the country of origin.
(2) Fishery products that are allowed to enter the territory of the Republic of Indonesia shall come from UPI stated in the list as intended in paragraph (1) and be accompanied by a Health Certificate issued by the competent authorities in the relevant country.
(1) The country of origin that has not signed a cooperation agreement in the form of Mutual Recognition Agreement (MRA) or Memorandum or Understanding (MoU) or the like, but has an equivalent system as intended in Article 5 paragraph b, shall submit a regulation on the quality and securing guarantee system of fishery products put in force by the relevant countries for evaluation by the Competent Authorities in Indonesia.
(2) To know the equivalent of quality and security guarantee system of fishery products adopted by the country of origin as intended in paragraph (1), the Competent Authority in Indonesia can conduct and inspection in the relevant country.
(3) If the result of inspection of the fishery product quality and security guarantee system as intended in paragraph (2) is equivalent with the system prevailing in Indonesia, the relevant country is allowed to export fishery products to Indonesia using the procedure as intended in Article 6.
Fishery products from the country of origin that has no signed a cooperation agreement in the form of Mutual Recognition Agreement (MRA) or Memorandum of Understanding (MoU) or the like, and has no an equivalent system as intended in Article 5 paragraph c, can be imported after laboratory test has been conducted and its results accord with the Indonesian National Standard (SNI) and/or provisions on the quality and security of fishery products.
(1) Anybody that meet requirement to import fishery products to the territory of the Republic of Indonesia can import fishery products by applying in writing for the import of fishery products to the Director General, containing at least:
(2) The evaluation of completeness, validity, and truth of requirements as intended in paragraph (1) shall be done by an Evaluation Team formed by the Director General.
(3) Evaluation Team within 5 (five) working days since received the complete application for the import of fishery products, shall submit the result of evaluation in the form of recommendation on approval or rejection to the Director General.
(4) Director General within 5 (five) working days since received recommendation from Evaluation Team as intended in paragraph (3) shall issue a permit for the import of fishery products if the application for the import of fishery products is approved or a notification on rejection to the application if the application for the import of fishery products is rejected.
(5) The permit for the import of fishery products as intended in paragraph (4) shall be valid for 6 (six) months.
The import of fishery products by non commercial institutions/agencies can be done without API-P or API-U, but shall meet provision as intended in Article 4 of this Ministerial Regulation and provision in the quarantine field.
(1) The inspection of fishery products imported to the territory of the Republic of Indonesia is preceded by the inspection of documents by a quarantine officer.
(2) The inspection as intended in paragraph (1) means to see completeness, validity and truth of the document.
(3) The requirement as intended in Article 4 shall be declared complete if all requirements have been met.
(4) Document shall be declared valid if documents from the origin country or country of transit are issued by the authorized agency.
(5) Document shall be declared true if they match with the type, quantity, product form, and/or size of fishery products.
(6) In the framework checking the truth of document as intended in paragraph (5), quarantine official shall conduct physical inspection of the fishery products in customs zone.
(1) If provision in article 4 paragraph (1) and Article 9 paragraph (1) fulfilled by importer and based on result of risk analysis of fishery importation as intended in Article 4 paragraph (2) fulfilled requirement of risk analysis of fishery importation, the fishery products shall undergo quarantine and quality test at quarantine installation.
(2) If importers cannot meet one or more provisions in Article 4 paragraph (1) and Article 9 paragraph (1) and based on the result of risk analysis of importing fish as intended in Article 4 paragraph (2) any indication of failure to meet provision on risk analysis of importing fish is found, the quarantine officer shall reject the fishery products.
(3) Importer shall re-export fishery products as intended in paragraph (2) to the origin country within period 3 (three) days since being rejected.
(4) If after 3 (three) days has passed the fishery products are not re-exported to the country of origin, they shall be destroyed according to the regulation in force.
(1) If imported fishery products have been completed with documents and requirements as intended in Article 4 paragraph (1) and Article 9 paragraph (1), quarantine official shall issue Approval Letter to release carrier from entry place.
(2) Fishery products are released from customs zone as intended in paragraph (1) will be taken to fish quarantine installation to treated fish quarantine and quality test.
(3) Fish quarantine action in the framework to detect fish quarantine pests and diseases and quality test is conducted by taking sample based on effective regulations.
(4) All fees in the framework fish quarantine pests and diseases and quality test as intended in paragraph (3) shall fully be borne by importer.
(5) Sampling is conducted by quality controller within period 1 x 24 (once in twenty four) hours since enter fish quarantine installation for further laboratory test.
(6) Report on laboratory test as intended in paragraph (5) is used as basis for quarantine official to issues certificate of release.
(7) If based on the report on the results of the laboratory test as intended in paragraph (6) the fishery products are declared free from quarantine fish pest and disease and quality guarantee and fishery product security, the quarantine officer shall issue a certificate of release, with copies addressed to the fish controller, Directorate General of Fish Farming, and the Provincial Office to conduct supervision according o the regulation in force.
(8) If based on the report on the results of the test as intended in paragraph (6) the fishery products are declared failing to meet requirements of quality guarantee and security, the quarantine officer shall not issue a certificate of release.
(9) Fishery products without a certificate of release shall be banned from being distributed and therefore, they shall be re-exported to the country of origin or processed according to the regulation in force.
(1) To ensure consistency between quality and security of fishery products, the quality controller can take samples for a test.
(2) Sampling as intended in paragraph (1) from the country that has signed a cooperation agreement in the form of Mutual Recognition Arrangement (MRA) of Memorandum of Understanding (MoU) or the like as intended in Article 6 paragraph (1) shall be taken at random as much as 1 % (one percent) of product lot.
(3) Sampling as intended in paragraph (1) from the country that has quality equivalent with Indonesia as intended in Article 7 paragraph (1) shall be taken at random as much as 5% (five percent) of product lot.
(4) Sampling as intended in paragraph (1) from the country that has not signed a cooperation agreement in the form of Mutual Recognition Agreement (MRA) or Memorandum of Understanding (MoU) or the like and not has equivalent system yet as intended in Article 5 paragraph c, shall be taken at random as much as 10% (ten percent) of product lot.
(5) During quarantine period at fish quarantine installation, fishery products are banned from being:
(6) quarantine period shall be a maximum of 14 (fourteen) days and can be extended if required.
(1) To ensure the effective quality control of fishery products imported to the territory of the Republic of Indonesia quality controller shall conducts monitoring.
(2) The results of monitoring shall be submitted to the competent authorities, with copies addressed to the Director General, the Director General of PSDKP, and the Head of the Body.
(3) If the results of monitoring show that quality and security requirements of fishery products are not met, the importers shall withdraw fishery products that have been in circulation.
In the framework to ensure fishery products are imported to the territory of the Republic of Indonesia are used according to the aim and plan, the distribution and appropriation of fishery products shall be controlled on condition:
(1) The import of fishery products as hand luggage can be conducted without API-P or API-U as required in Article 3 paragraph (2) and paragraph (3) on condition they shall not exceed weight of 25 (twenty five) kilograms and/or has value not exceed Rp 1,000,000 (one million rupiah).
(2) The import of fishery products as hand luggage that not exceed weight of 25 (twenty five) kilograms and/or has value not exceed Rp 1,000,000 (one million rupiah), importer shall report and submit the fishery products along with required documents to the quarantine officer at the time of arriving at the point.
(1) The re-import of Indonesian fishery products which are partly or wholly rejected by the importing country/destination country because failing to meet requirements in the destination country shall be subject to the act as intended in Article 11.
(2) The re-import of Indonesian fishery products which are partly or wholly rejected by the importing country/destination country because failing to meet requirements at the time of being released, among others not being reported, not passing through inspection, not passing through places of release and/or being smuggled, not being accompanied by required documents, shall be destroyed in the entry point.
(3) The re-import of fishery product as intended in paragraph (1) shall be accompanied by the reasons for rejection by the destination country/importer country, and/or the buyer.
(4) The re-import of fishery products as intended in paragraph (1) shall be accompanied by a Health Certificate and packing/label accompanying the fishery products at the time of being released from the territory o the Republic of Indonesia.
(5) The re-import f fishery products as intended in paragraph (4) shall pass through the designated places.
(6) The destruction cost as intended in paragraph (2) shall become the responsibility of the importer.
(1) Anybody violating this Ministerial Regulation can be liable to an administrative sanction.
(2) The administrative sanction as intended in paragraph (1) can be in the form of written warning, freeze, revocation of a permit for the import of fishery products.
(3) The administrative sanction as intended in paragraph (2) shall be imposed through the following phases:
Importers that have imported fishery products to the territory of the Republic of Indonesia before this Ministerial Regulation is stipulated shall have API-P and API-U no later than 3 (three) months after this Ministerial Regulation is stipulated.
This Ministerial Regulation shall come into force on the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on August 31, 2010
MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA
signed,
FADEL MUHAMMAD