to Indonesian
a. that in the framework fulfill domestic demand on the horticulture products, it can be supplied by imported horticulture products;
b. that import as intended in paragraph a shall give attention to the equilibrium of demand and supply of horticulture products that is not supplied from domestic sources;
c. that based on above considerations and to follows up Article 88 of Law Number 13 of 2010 concerning Horticulture, it is necessary to govern recommendation on the import of Horticulture products;
1. Law Number 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book Number 56 of 1992, Supplement to Statute Book Number 3482);
2. Law Number 7 of 1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book Number 57 of 1994, Supplement to Statute Book Number 3564);
3. Law Number 7 of 1996 concerning Food (Statute Book Number 99 of 1996, Supplement to Statute Book Number 3656);
4. Law Number 8 of 1999 concerning Customers Protection (Statute Book Number 42 of 1999, Supplement to Statute Book Number 3821);
5. Law Number 32 of 2004 concerning Regional Government (Statute Book Number 125 of 2004, Supplement to Statute Book Number 4437);
6. Law Number 13 of 2010 concerning Horticulture (Statute Book Number 132 of 2010, Supplement to Statute Book Number 5170);
7. Government Regulation Number 69 of 1999 concerning Food Label and Advertisement (Statute Book Number 131 of 1999, Supplement to Statute Book Number 3867);
8. Government Regulation Number 28 of 2004 concerning Food Safety, Quality and Nutrition (Statute Book Number 107 of 2004, Supplement to Statute Book Number 4424);
9. Government Regulation Number 38 of 2007 concerning Division of Administering among Government, Province Regional Government, and Regency/Municipality Regional Government (Statute Book Number 82 of 2007, Supplement to Statute Book Number 4737);
10. Presidential Decree Number 84/P of 2009 concerning Establishment of Unity Indonesia Cabinet II;
11. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of State Ministries in conjunction with Presidential Regulation Number 91 of 2011 (Statute Book Number 141 of 2011);
12. Presidential Regulation Number 24 of 2010 concerning Position, Duties and Function of State Ministries as well as Organization Structure, Duties and Function of First Echelon of State Ministries in conjunction with Presidential Regulation Number 92 of 2011 (Statute Book Number 142 of 2011);
13. Regulation of the Minister of Agriculture Number 20/Permentan/OT.140/2/2010 concerning Food Quality Secure System of Agriculture Products;
14. Regulation of the Minister of Agriculture Number 61/Permentan/OT.140/10/ 2010 concerning Organization and Work Flow of Ministry of Agriculture;
15. Regulation of the Minister of Agriculture Number 88/Permentan/PP.340/12/2011 concerning Control on the Food Safety on the Entry and Removal of Fresh Food of Plantation Origin (Statute Book Number 842 of 2011);
16. Regulation of the Minister of Agriculture Number 89/Permentan/OT.140/12/2011 concerning Amendment to Regulation of the Minister of Agriculture Number 37/Kpts/HK.060/1/2006 concerning Plant Quarantine Technical Requirements and Action for the Entry of Fresh Fruits and/or Vegetables Into territory of the Republic of Indonesia (Statute Book Number 843 of 2011);
17. Regulation of the Minister of Agriculture Number 90/Permentan/OT.140/12/2011 concerning Amendment to Regulation of the Minister of Agriculture Number 18/Permentan/OT.140/12/2011 concerning Plant Quarantine Requirement and Action on the Entry of Products of Living Plants in the Form of Fresh Layer Roots Into territory of the Republic of Indonesia (Statute Book Number 844 of 2011);
18. Regulation of the Minister of Agriculture Number 94/Permentan/OT.140/12/2011 concerning Entry and Removal Places for Carrier Media of Quarantine Animals Diseases and Quarantine Plants Disturbance Organism (Statute Book Number 7 of 2012);
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING RECOMMENDATION ON THE IMPORT OF HORTICULTURE PRODUCTS
In this Regulation:
1. Import horticulture products is a series of activities to enter horticulture products from abroad into territory of the Republic of Indonesia.
2. Horticulture products are all fresh or processed results from horticulture plantation.
3. Recommendation to Import Horticulture products hereinafter called as RIPH is written statement that is given by Minister or appointed official to everybody will import horticulture products into territory of the Republic of Indonesia.
4. Everybody is individual or corporation, legal or non legal entity that conduct horticulture business.
5. Horticulture business is all activities to produce products and/or give service in related with horticulture.
6. Director General is Director General of Agriculture Products Processing and Marketing, Ministry of Agriculture.
7. Centre of Plant Variety Protection and Agriculture Permit hereinafter abbreviated as PPVT-PP is working unit on the giving administrative permit function.
This Regulation become basic law in the giving service of RIPH, and everybody will import horticulture products.
Objective of this regulation is to give certainty in the giving RIPH service and to import horticulture products by everybody will import horticulture products and guarantee for horticulture products will be imported to fulfill food safety.
Scope of this Regulation covers:
(1) Import horticulture products can be conducted by everybody after obtain import permit from Minister of Trade.
(2) Import permit as intended in paragraph (1) is issued by Minister of Trade after get RIPH from Minister of Agriculture.
(1) Issuance of RIPH as intended in Article 5 in the implementation is delegated to the Director General.
(2) RIPH as intended in paragraph (1) is issued in the form of Decree of the Minister of Agriculture by Director General on behalf of the Minister of Agriculture as set forth in Attachment I as an integral part of this Regulation.
(3) RIPH as intended in paragraph (1) shall contain at least:
(1) Director General in giving RIPH as intended in Article 6 should consider:
(2) Availability of such kind horticulture products as intended in paragraph (1) c is conducted in according to national demand analysis.
(1) Horticulture products that can be given RIPH as set forth in Attachment II as an integral part of this Regulation.
(2) Horticulture products for food as intended in paragraph (1) should fulfill food safety and governed by separate Regulation.
First import of horticulture products into territory of the Republic of Indonesia can be conducted after Import Risk Analysis in according to quarantine regulation procedure.
(1) RIPH can be given to everybody.
(2) Everybody as intended in paragraph (1) should as Registered Importer that is issued by Minister of Trade.
(1) To obtain RIPH as intended in Article 6 everybody as intended in Article 10, should fulfill administrative requirements and technical requirements.
(2) Administrative requirements as intended in paragraph (1) covers:
(3) Technical requirements as intended in paragraph (1) covers:
(1) To obtain RIPH as intended in Article 6 everybody shall file written application to the Director General through Head of PPVT-PP as set forth in Attachment III as an integral part of this Regulation accompanied with requirements as intended in Article 11.
(2) Head of PPVT-PP after received application as intended in paragraph (1) within 3 (three) working days period shall finish checking complete document, and give the answer for approval or rejection.
(1) Rejected application as intended in Article 12 if from document checking there is any required document is not submitted or document is wrong.
(2) Rejection as intended in paragraph (1) is submitted to the applicant by Head of PPVT-PP in written with the reason of rejection in according to format-1 as set forth in Attachment IV as an integral part of this Regulation .
(1) Application is approved as intended in Article 12 if from documents checking already complete and right.
(2) Complete and right application as intended in paragraph (1) is submitted by Head of PPVT-PP to the Director General.
(3) Director General after received application as intended in paragraph (2) within 7 (seven) working days period shall finish checking complete and right technical requirements as intended in Article 11 paragraph (3) and gives answer for approval or rejection.
(1) Rejected application as intended in Article 14 if from result of technical requirement checking there is any document is not accompanied or wrong.
(2) Rejection as intended in paragraph (1) is submitted to the applicant through Head of PPVT-PP by Director General in written with the reason of rejection in according with format-2 as set forth in Attachment IV as an integral part of this Regulation.
(1) Application is approved as intended in Article 14 if from result of technical requirements checking already complete and right.
(2) Complete and right application as intended in paragraph (1), Director General may ask inputs to the Team to get suggestion and consideration to issue RIPH.
(3) Team within 7 (seven) working days period already give suggestion and consideration to the Director General.
(4) Team in giving suggestion and consideration as intended in paragraph (3) should pay attention to the provision as intended in Article 7.
(1) After technical requirements are complete and right as well as in according with provisions in Article 7, Director General issues RIPH.
(2) RIPH as intended in paragraph (1) by Director General is submitted to the applicant through Head of PPVT-PP.
(3) RIPH as intended in paragraph (2) valid for 3 (three) months for 1 (once) import.
(1) Team members as intended in Article 16 are from Director General of Horticulture, PPVT-PP, Agriculture Quarantine Agency, Food Availability Board, Social Economic Center, and Directorate General of Agriculture Products Processing and Marketing.
(2) Team members' structure and duties as intended in paragraph (1) are stipulated by Decree of the Minister of Agriculture by Director General on behalf of the Minister of Agriculture.
Everybody already obtained RIPH as intended in Article 17 shall apply import permit of horticulture products to the Minister of Trade.
(1) Everybody already obtained import permit from Minister of Trade should import horticulture products through entry place that is stipulated in RIPH.
(2) Everybody already import as intended in paragraph (1) within period of 7 (seven) working days should submit import realization report to the Director General through Head of PPVT-PP.
(3) Realization report as intended in paragraph (2) is submitted by Head of PPVT-PP to the Director General, Director General Horticulture, and Head of Agriculture Quarantine Agency.
Plant Quarantine Official controls importation of horticulture products in entry place.
(1) Control as intended in Article 21 by checking horticulture and food safety import documents.
(2) Control as intended in paragraph (1) is conducted together with implementation of plant Quarantine Action.
(3) Document checking as intended in paragraph (1) is to check complete, legality and right of documents contents.
Checking legality of import documents as intended in Article 22 paragraph (3), covers:
Checking right as intended in Article 22 paragraph (3), covers:
In case from documents checking as intended in Article 22 found:
If within 14 (fourteen) working days as intended in Article 25 a, import permit is not accompanied will be rejected.
In case quantity of horticulture products more than quantity that is stated in import permit, exceeding quantity will be rejected.
(1) If within 14 (fourteen) working days since rejection date, horticulture products owner or his/her attorney not export horticulture products from territory of the Republic of Indonesia, they will be destroyed.
(2) For horticulture products are destroyed as intended in paragraph (1), the owner or his/her attorney cannot get compensation.
Everybody already obtain RIPH as intended in Article 17 and not apply import permit to the Minister of Trade within period that is stipulated in RIPH, will be considered in the next application for RIPH.
(1) Everybody already obtain import permit of horticulture products from Minister of Trade as intended in Article 19 does not import and/or not submit realization report as intended in Article 20 will be subject for administrative sanction in the form of:
(2) Administration Sanction as intended in paragraph (1) is proposed by Minister of Agriculture to the Minister of Trade.
(1) Requirement to have storage in according with product characteristic as intended in Article 11 will effective 2 (two) years since promulgation date of this Regulation of the Minister of Agriculture.
(2) Exception of this regulation for passenger luggage goods or airplane and ship, country border crosser for self consumed and the quantity not exceed 10 (ten) kilogram per person.
This Regulation shall come into force 3 (three) months since date of promulgation.
For public cognizance, This Regulation of the Minister of Agriculture shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on January 31, 2012
MINISTER OF AGRICULTURE OF THE REPUBLIC OF INDONESIA,
signed,
SUSWONO