to Indonesian
a. that Regulation of the Minister of Agriculture No. 27/Permentan/PP.340/5/2009 stipulated provisions on the food safety control over the import and export of fresh food of plant origin;
b. that with development of science and technology, as well as public request related with food quality and safety, Regulation of the Minister of Agriculture No. 27/Permentan/PP.340/5/2009 is non compliance anymore and need to be review;
c. that based on consideration as intended in paragraphs a and b, it is necessary to re-stipulate Food Safety Control Over the Import and Export of Fresh Food of Plant Origin by Regulation of the Minister of Agriculture;
1. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
2. Law No. 7/1994 concerning the Ratification of the Agreement Establishing the World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3554);
3. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3556);
4. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
5. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 199/2000, Supplement of Statute Book No. 4020);
6. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book of 2002 No. 35, Supplement to Statute Book No. 4196);
7. Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrient of food (Statute Book of 2004 No. 107, Supplement to Statute Book No. 4424);
8. Presidential Decree No. 84/P/2009 concerning Establishing United Indonesia Cabinet II;
9. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
10. Presidential Regulation No. 24/2010 concerning Position, Duties, and Functions of State Ministries as well as Organization Structure, Duties, and Function of First Echelon of State Ministries;
11. Regulation of the Minister of Health No. 239/Menkes/Per/V/1995 concerning Specified Color Substances are stated as Dangerous Materials;
12. 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;
13. Regulation of the Minister of Health No. 1168/Menkes/Kes/X/1999 concerning Supplement Substances are Prohibited to be Used in Food;
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. 32/Permentan/OT.140/3/2007 concerning Prohibition to use Dangerous Chemical Substances in the Paddy Milling, Huller and Rice Separated;
16. 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;
17. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Organization and Methods of Technical Implementation Unit of Agricultural Quarantine
18. Regulation of the Minister of Agriculture No. 35/Permentan/OT.140/7/2008 concerning Requirement and Good Manufacturing Practices of Plant Origin Agriculture Products;
19. Regulation of the Minister of Agriculture No. 44/Permentan/OT.140/10/2009 concerning Guideline for Good Handling Practice of Post Cultivation Plant Origin Agriculture Products;
20. Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2/2009 concerning Requirements and Procedure for Plant Quarantine Actions on the Entry of Carrier Media of Organisms Disturbing Quarantined Plants into the Territory of the Republic of Indonesia;
21. Decree of the Minister of Agriculture No. 3237/Kpts/HK.060/9/2009 concerning Form and Kind of documents of Plant Quarantine Action and Fresh Food Plant Origin;
22. Regulation of the Minister of Agriculture No. 46/Permentan/HK.340/8/2010 concerning entry and release Places of Quarantine Animals Pest and Diseases and Quarantine Plant Disturbance Organism Carrier Medias;
23. Regulation of the Minister of Agriculture No. 56/Permentan/OT.140/9/2010 concerning Quarantine Action Implementation in outside of Entry and Release Places;
24. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/2010 concerning Organization and Work Flow of the Ministry of Agriculture;
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 Alimentary 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. CODEX STAN 193-1995, Rev.2-2006;
8. SNI on the maximum limit of microbe pollutant in food. SNI 7388:2009;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING FOOD SAFETY CONTROL OVER THE IMPORT AND EXPORT OF FRESH FOOD OF PLANT ORIGIN
In this Ministerial Regulation:
1. Fresh Food of Plant Origin, hereinafter abbreviated as PSAT is fresh food of plant origin in the form of products result of post cultivation process to be consumed or as industrial raw material, and/or product minimal processing.
2. PSAT safety is any condition and effort needed to prevent PSAT from possible of chemical contaminants, biological contaminants, and/or has prohibited chemical substances may cause trouble, loss, or harm to human health.
3. Chemical contaminants are chemical substances (pesticide residue, heavy metal and micro toxin) incidentally are in PSAT through agricultural practices.
4. Biological contaminants are biological agents (virus, bacteria, microbe) may be contaminant of PSAT.
5. Prohibited chemical substances are dangerous chemical substance that are prohibited to be used for PSAT.
6. PSAT prior notice is explanation in the form about identity of PSAT that should be filled by PSAT producer or exporter in origin country.
7. PSAT safety requirements are any standard and other provisions that have to be met to prevent PSAT from any possible chemical contaminants, biological contaminants and/or have prohibited chemical substances that may cause trouble, loss, and/or harm to human health.
8. Import is any importation of PSAT into the territory of Indonesian through the designated points of entry.
9. Export is any exportation of PSAT from the territory of Indonesia through the designated points of exit.
10. Entry and exit points are seaport, river port, airport, strait port, dry-port, post office, state-boundary posts that have been designated as the entry and exit points.
11. Recognition is a form of acceptance of PSAT safety system of a country producing and exporting PSAT by Indonesia’s PAST safety competent authority.
12. Equivalence agreement is an agreement between importing country and exporting country on different PSAT safety control, yet maybe capable of meeting the same objective.
13. Recognition of PSAT safety on PSAT production site is a form of acceptance of PSAT safety system in PSAT production site of a country by Indonesia’s PSAT safety competent authority.
14. The Plant Quarantine official is a functional official who work in the Agricultural Quarantine Agency and has the task to control plant pest organism.
15. Surveillance is activities to check obedient rate of origin country that its PSAT safety system already recognition by Government of the Republic of Indonesia.
16. PSAT Owner or its attorney hereinafter called owner or attorney is personal or legal entity who has PSAT and/or has responsibility on the import or export PSAT.
17. Kind of PSAT is every kind of PSAT that become testing subject of food safety control.
(1) This Regulation purpose is as basis for safety control implementation of PSAT are entered to or released from territory of the Republic of Indonesia.
(2) This Regulation objective is to prevent PSAT are entered into territory of the Republic of Indonesia not have chemical contaminants and biological contaminants more than maximum limit and prevent prohibited chemical substances, so they are safe to be consumed, as well as PSAT are released from territory of the Republic of Indonesia fulfill requirements of destination country.
Scope of regulation is entry, surveillance, revocation and reactivation on the PSAT safety and PSAT releasing control system.
(1) Every person import PSAT has responsibility on the PSAT safety in according with regulation.
(2) PSAT safety as intended in paragraph (1) is condition of PSAT has chemical contaminants and biological contaminants less than maximum limit, as well as does not have prohibited chemical contaminant.
(3) Kind of PSAT, maximum limit of chemical contaminants, maximum limit of biological contaminants, and prohibited chemical substances as intended in paragraph (2) are set out in Attachment I that is an integral part of this Regulation.
(1) Food safety control on the import PSAT by:
(2) Food safety control on the import of PSAT by checking documents, checking of identity, sampling, and/or laboratory testing.
(3) Recognition on the PSAT safety control system of any country, recognition on the PSAT safety control in the production place of origin country, and/or equivalent agreement between Indonesia with origin country is conducted by the Minister.
(4) Recognition period as intended in paragraph (3) is 2 (two) years.
(5) Procedure of recognition on the PSAT safety control system of origin country, recognition on the PSAT safety control in the production place of origin country, and/or equivalent agreement between Indonesia with origin country as intended in paragraph (2) are set out in Attachment II that is an integral part of this Regulation.
(1) Import PSAT as intended in Article 4 paragraph (1) should:
(2) Certificate/PSAT safety documents as intended in paragraph (1) a is written guarantee from food safety competent authority in origin country that stated PSAT is safe and consumable.
(3) On the origin county does not have PSAT safety competent authority, certificate/documents as intended in paragraph (2) is issued by authority agency in the control and/or monitoring/surveillance of good practice to secure PSAT safety level.
(4) Certificate/PSAT safety documents from origin country as intended paragraph (1) a is not required for import PSAT from production country or place already recognized and/or has equivalent agreement.
(5) PSAT explanation (prior notice) as intended in paragraph (1) a is in the form as set out in Attachment III as an integral part of this Regulation.
(1) The owner/representative shall notify and submit the certificate/ document of PSAT safety and the information of PSAT (prior notice) fro origin country as intended in Article 6 paragraph (1) a, to the plant quarantine officer at the entry point as intended in Article 6 paragraph (1) b, at least when the PSAT arrive.
(2) If the PSAT importation is not accompanied by certificate/document of PSAT safety and PSAT information (prior notice) as intended in paragraph (1), it will be blocked and the owner/representative is given a chance, at least 14 (fourteen) working days to complete the certificate/document and the information of PSAT safety (prior notice).
(3) Blocking as intended in paragraph (2) to secure PSAT by seal and put it in the control of Plant Quarantine Official.
(4) If within period as intended in paragraph (2) the owner or its attorney does not complete certificate/document of PSAT safety and PSAT information (prior notice), it will be rejected.
(5) All costs caused by blocking are borne by the owner or its attorney.
(1) If import PSAT already has certificate/document of PSAT safety as intended in Article 7 paragraph (1), Plant Quarantine Official checks identity to know matching between explanation in certificate/document of PSAT safety and PSAT information (prior notice) with PSAT identity in the packaging and physical PSAT.
(2) If in the checking of PSAT identity as intended in paragraph (1) founds:
(3) While laboratory testing as intended in paragraph 2 b, PSAT is in the control of Plant Quarantine Official.
(4) Procedure of sampling for laboratory testing as intended in paragraph (2) b is set out in Attachment IV as integral part of this Regulation.
(1) Laboratory testing as intended in Article 8 paragraph (2) b is in appointed or accredited laboratory.
(2) For laboratory testing as intended in paragraph (1), the owner or its attorney chooses testing laboratory.
(3) Costs of testing laboratory as intended in paragraph (2) are borne by the owner or its attorney.
(4) Appointed laboratories as intended in paragraph (1) are stated in Attachment V that is an integral part of this Regulation.
In case result of laboratory testing as intended in Article 9 founds:
(1) Rejection import PSAT as intended in Article 7 paragraph (4), Article 8 paragraph (2) a, or Article 10 paragraph a by release PSAT from the territory of the Republic of Indonesia.
(2) Plant Quarantine Official submits rejection import PSAT as intended in paragraph (1) to the owner or its attorney in the form of rejection letter with the reason of rejection.
(3) On the rejection import PSAT as intended in paragraph (1), Head of Technical Implementation Unit of Agriculture Quarantine Agency submits notification of non compliance to the PSAT safety competent authority in origin country with copy to the Head of Agriculture Quarantine Agency.
(4) All costs are required for the implementation of rejection as intended in paragraph (1) borne by the owner or its attorney.
(1) If after 14 (fourteen) working days since rejection date as intended in Article 11 paragraph (1), PSAT is not released from territory of the Republic of Indonesia, it will be destroyed.
(2) For implementation of destroying as intended in paragraph (1), Plant Quarantine Official will issue destroying warrant.
(3) All costs are required for the implementation of destroying as intended in paragraph (2) borne by the owner or its attorney.
(1) The owner or its attorney control import PSAT from production country or place that PSAT safety control system is recognized, or country has equivalent agreement, should report and give PSAT explanation (prior notice) as intended in Article 8 paragraph (1) to the Plant Quarantine Official in entry place at the latest at the arrival of PSAT transportation means.
(2) When PSAT arrives in entry place, Plant Quarantine Official checks identity to know matching between PSAT explanation (prior notice) with identity at the PSAT packaging and physical PSAT.
(3) In case from identity checking as intended in paragraph (2) founds:
(1) Rejection import PSAT as intended in Article 13 paragraph (3) a, by releases PSAT from territory of the Republic of Indonesia.
(2) Rejection import PSAT as intended in paragraph (1) is submitted to the owner or its attorney by Plant Quarantine Official in the form of rejection letter with the reason of rejection.
(3) On the rejection import PSAT as intended in paragraph (1), Head of Technical Implementation Unit of Agriculture Quarantine Agency submits notification of non compliance to the PSAT safety competent authority in origin country with copy to the Head of Agriculture Quarantine Agency.
(4) All costs are required for the implementation of rejection as intended in paragraph (1) borne by the owner or its attorney.
(1) If within 14 (fourteen) working days since date of rejection as intended in Article 13 paragraph (3) a, PSAT is not released from territory of the Republic of Indonesia, it will be destroyed.
(2) In the implementation of destroying as intended in paragraph (1), Plant Quarantine Official issues destroying warrant.
(3) All costs are required for the implementation of destroying as intended in paragraph (2) borne by the owner or its attorney.
(1) To know level of compliance of production country or place that is recognized in food safety system and/or country ha equivalent agreement on the fulfillment of Indonesian food safety requirements, surveillance shall be conducted.
(2) Surveillance as intended in paragraph (1) is conducted any time at the entry of PSAT through testing of chemical contaminants, biological contaminants and prohibited chemical substances contents.
(3) To conduct surveillance as intended in paragraph (1), Plant Quarantine Official taking sample of PSAT when checking PSAT identity as intended in Article 13 paragraph (2).
(1) Surveillance as intended in Article 16 paragraph (2) is in laboratory as intended in Article 9 paragraph (1).
(2) While laboratory testing as intended in paragraph (1), PSAT is in the control of Plant Quarantine Official.
(3) Cost of laboratory testing as intended in paragraph (1) borne by Plant Quarantine Agency.
(4) Procedure of surveillance as intended in Article 16 is set out in Attachment VI that is an integral part of this Regulation.
(1) In case laboratory testing result as intended in Article 17 paragraph (1) shows:
(2) Rejection import PSAT as intended in paragraph (1) a, is by release PSAT from territory of the Republic of Indonesia.
(3) Rejection import PSAT as intended in paragraph (1) is submitted to the owner or its attorney by Plant Quarantine Official in the form of rejection letter with the reason of rejection.
(4) On the rejection import PSAT as intended in paragraph (1), Head of Technical Implementation Unit of Agriculture Quarantine Agency submit notification of non compliance to the PSAT safety competent authority in origin country with copy to the Head of Agriculture Quarantine Agency.
(5) All costs are required for implementation of rejection as intended in paragraph (1) borne by the owner or its attorney.
(1) If after 14 (fourteen) working days since date of rejection as intended in Article 18 paragraph (1), PSAT is not released from territory of the Republic of Indonesia, it will be destroyed.
(2) In the implementation of destroying as intended in paragraph (1), Plant Quarantine Official issues destroying warrant.
(3) All costs are required for the implementation of destroying as intended in paragraph (2) borne by the owner or its attorney.
Revocation of recognition of food safety control system of PSAT for any country, recognition on the PSAT safety control in production place, or equivalent agreement is conducted by the Minister of Agriculture if already 3 (three) times happened:
(1) Reactivation of recognition on the food safety control system for PSAT kind of any country, PSAT safety control system in production place, equivalent agreement, or revocation as intended in Article 20 can be issued by Minister after conduct study and verification in origin country.
(2) In conducting study and verification as intended in paragraph (1), Minister is assisted by Team.
(3) Team as intended in paragraph (2) is established with separate Decree.
On the import PSAT from production country or place already frozen as intended in Article 20, procedure import PSAT will follow provision as intended in Article 7 up to Article 12.
(1) The exportation of PSAT shall meet the requirements of PSAT safety of destination country, if required.
(2) The PSAT exportation as intended in paragraph (1) from the territory of the Republic 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 intended in paragraph (1) and paragraph (2).
(4) If the testing result is compliance as intended in paragraph (3), PSAT can be exported to destination country.
(1) PSAT already loaded to transportation mean in origin country at least 30 (thirty) days since this Regulation comes into force, PSAT safety control is based on provision in Regulation of the Minister of Agriculture No. 27/Permentan/PP.340/5/2009 in conjunction with Regulation of the Minister of Agriculture No. 38/Permentan/PP.340/6/2009.
(2) Recognition on the PSAT safety control system that is still valid, will be ended until its expired period.
Implementation of safety control on the import and export of PSAT is integrated with implementation of plant quarantine action.
By promulgation of this Regulation, Regulation of the Minister of Agriculture No. 27/Permentan/PP.340/5/2009 in conjunction with Regulation of the Minister of Agriculture No. 38/Permentan/PP.340/8/2009 shall be revoked and declared null and void.
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 December 14, 2011
MINISTER OF AGRICULTURE,
signed,
SUSWONO