to Indonesian
a. that in the framework of quality and security control of fishery products imported to the territory of the Republic of Indonesia to be consumed by human being, so as not to endanger consumers, as well as to harmonize regulations with international rule, it is necessary to review Regulation of the Minister of Marine and Fishery No. PER.17/MEN/2010 concerning Quality and Security Control of Fishery Products Imported to the Territory of the Republic of Indonesia;
b. so 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 No. 3/1982 concerning Company Registration Obligatory (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);
2. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia No. 56/1992, Supplement to Statute Book of the Republic of Indonesia No. 3482);
3. Law No. 23/1992 concerning Health (Statute Book of the Republic of Indonesia No. 100/1992, Supplement to Statute Book of the Republic of Indonesia No. 3495);
4. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1884, Supplement to Statute Book of the Republic of Indonesia No. 3564);
5. Law No. 5/1995 concerning Customs, as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 99/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
6. Law No. 7/1996 concerning Food (Statute Book of the Republic of Indonesia No. 99/1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);
7. Law No. 8/1999 concerning Consumers Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);
8. Law No. 31/2004 concerning Fisheries (Statute Book No. 118/2004, Supplement to Statute Book No. 4433) as amended by Law No. 45/2009 (Statute Book of the Republic of Indonesia No. 154/2009, Supplement to Statute Book of the Republic of Indonesia No. 5073);
9. Government Regulation No. 69/1999 concerning Food Label and Advertisement (Statute Book of the Republic of Indonesia No. 131/1999, Supplement to Statute Book No. 3867);
10. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 1999/2000, Supplement to Statute Book of the Republic of Indonesia No. 4020);
11. Government Regulation No. 15/2002 concerning Fish Quarantine (Statute Book of the Republic of Indonesia No. 36/2002, Supplement to Statute Book of the Republic of Indonesia No. 4197);
12. Government Regulation No. 28/2004 concerning Food Security, Quality and Nutrition (Statute Book of the Republic of Indonesia No. 107/2004, Supplement to Statute Book of the Republic of Indonesia No. 4424);
13. Presidential Decree No. 84/P/2009 as amended by Presidential Decree No. 56/P/2010;
14. Presidential Regulation No. 10/2008 concerning Use of Electronic System within the Framework of Indonesian National Single Window (NSW);
15. Presidential Regulation No. 47/2009 concerning Formation and Organization of State Ministries;
16. Presidential Regulation No. 24/2010 concerning Position, Tasks and Function of State Ministries as well as Organizational Structure, Tasks and Functions of First Echelon Officials of State Ministries as amended by Presidential Regulation No. 67/2010;
17. 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;
18. Regulation of the Minister of Marine and Fisheries No. PER.28/MEN/2008 concerning the Type, Procedure of Issuance and the Format of Fish Quarantine Action Documents;
19. Regulation of the Minister of Marine and Fisheries No. PER.15/MEN/2010 concerning the Organization and Work Mechanism of the Marine and Fisheries Ministry;
20. Regulation of the Minister of Marine and Fisheries No. PER.19/MEN/2010 concerning Supervision on the Guarantee System of Fishery Products Quality and Safety;
21. Decree of the Minister of Marine and Fisheries No. KEP.24/MEN/2002 concerning Procedure and Technical Arrangement of Regulation in Ministry of Marine and Fishery;
22. Decree of the Minister of Marine and Fisheries No. 32/MEN/2004 concerning Organization and Work Flow of Fish Quarantine Technical Implementation Unit;
23. Decree of the Minister of Marine and Fisheries No. 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. Fishery 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. 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.
10. 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.
11. Quality controller is Government Employee who has competence to conducts activities in related with control of quality and safety guarantee of fishery products, appointed by Minister based on recommendation from Competent Authority.
12. 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 and fulfil quality and safety guarantee of fishery products.
13. 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.
14. Good Aquaculture Practices, hereinafter called as GAP, 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
15. 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.
16. Agency/institution is Government or regional government and representative of foreign country.
17. Fish Processing Unit hereinafter abbreviated as UPI is the place that is used to process fish.
18. Laboratory is testing laboratory that has competence to control quality of fishery products in according with required parameter.
19. Office International des Epizooties hereinafter abbreviated as OIE is World Animal Health Organization.
20. Minister is the Minister of Marine and Fisheries.
21. Director General is the Director General of Fishery Products Processing and Marketing.
22. Head of the Body is the Head of the Fish Quarantine, Quality Control and Fishery Product Security.
23. Provincial office is a provincial office responsible for fishery affairs.
Scope of this Ministerial Regulation are:
Importing of fishery products into the territory of the Republic of Indonesia can be conducted by:
(1) Fishery products are entered into the territory of the Republic of Indonesia only can be imported by importer to be used for:
(2) Further provision on the kind of fishery products can be imported into territory of the Republic of Indonesia for the interests as intended in paragraph (1) will be stipulated by Decree of the Director General.
Every fishery products imported to the territory of the Republic of Indonesia should fulfil requirements for quality and safety of fishery products, and accompanied with:
(1) Importer or agency/institution who will enter fishery products into the territory of the Republic of Indonesia should obtain Import Permit of Fishery Products form Director General.
(2) To obtain Import Permit of Fishery Products as intended in paragraph (1), importer or agency/institution should file application to the Director General, with at least contains:
(3) Importer has API-P to file application as intended in paragraph (2) should attach following requirements:
(4) Importer has API-U when file application as intended in paragraph (2) should attach following requirements:
(5) Beside Importer attaches requirements as intended in paragraph (3) and paragraph (4), also should attach risk analysis document of import fish that is issued by Directorate General of Cultivation Fishery in case:
(6) Agency/institution will import fishery products in the form of introduction of new fishery products and/or first time import, to file application as intended in paragraph (2) should attach risk analysis document of import fish that is issued by Directorate General of Cultivation Fishery.
(7) To obtain Import Permit of Fishery Products as intended in paragraph (1), importer or agency/institution is free of charge.
(1) Province agency in giving recommendation as intended in Article 6 paragraph (3) b and paragraph (4) b should attach calculation of demand and availability of fishery products in its area by pay attention to:
(2) Recommendation as intended in paragraph (1) is issued by province agency where fishery products will be used.
(1) Based on application as intended in Article 6 paragraph (2), Director General check on the complete, legal, and right of requirements.
(2) To check on the complete, legal, and right requirements as intended in paragraph (1), Director General establishes Evaluation Team.
(3) Evaluation Team within 5 (five) working days period since received complete application to import fishery products, submit evaluation result in the form of recommendation of approval or rejection to the Director General.
(4) Director General within 5 (five) working days period since received recommendation from Evaluation Team as intended in paragraph (3), should issues Permit to Import Fishery Products or rejection of application to import fishery products into territory of the Republic of Indonesia with the reason of rejection.
(1) Fishery Products Import Permit into the territory of the Republic of Indonesia shall containing at least:
(2) Fishery Products Import Permit as intended in paragraph (1) valid for maximum 6 (six) months.
(3) Format of Import Permit of Fishery Products into territory of the Republic of Indonesia as set out in Attachment that is an integral part of this Ministerial Regulation.
(1) Importer or agency/institution who has Import Permit of Fishery Products and will import fishery products into the territory of the Republic of Indonesia should report at least 1 (one) day before arrival and submit requirement documents to Quarantine Official when arrive at entry place.
(2) Requirements documents as intended in paragraph (1) are:
(1) Quarantine Official checks documents of fishery products will enter into territory of the Republic of Indonesia.
(2) Checking documents as intended in paragraph (1) to know complete, legal, and right documents.
(3) Documents are stated complete if fulfil requirements as intended in Article 10 paragraph (2).
(4) Documents are legal if they are issued by authorized agencies.
(5) Documents are right if contents of documents match with kind, quantity, and size of fishery products will be entered into the territory of the Republic of Indonesia.
(6) In checking right of documents as intended in paragraph (5), Quarantine Official conduct physical checking on the fishery products in the customs zone.
(7) Documents inspection as intended in paragraph (2) is within 3 (three) working days period with the result of:
(8) Based on result of documents inspection as intended in paragraph (2), Quarantine Official issues:
(1) Entry of fishery products that already obtain Approval to Release Carrier Media from Entry Place, are released from customs zone for fish quarantine action in quarantine installation in the framework to detect quarantine fishery pest and disease and testing of quality in accredited laboratory in the framework of fishery products quality and safety guarantee.
(2) Fish quarantine action and quality testing is by taking sample by Quarantine Official within 1 x 24 (one times twenty four) hours, since enter fish quarantine installation.
(3) Fish quarantine action is conducted within 3 (three) working days and quality testing is conducted within 10 (ten) working days.
(4) While in fish quarantine action and quality testing, fishery products are prohibited to:
(5) Based on fish quarantine action and quality testing as intended in paragraph (3), Quarantine Official issues:
(6) Release Certificate or Rejection as intended in paragraph (5) is submitted to the applicant with copy to the Director General, Director General of Marine and Fishery Resources Control, and related Provincial Agencies.
(7) Costs required for the implementation of fish quarantine action and quality testing as intended in paragraph (1) borne by the importer or agency/institution.
Sample as intended in Article 12 paragraph (2) is taking as follows:
(1) Fishery products are rejected as intended in Article 11 paragraph (8) b or Article 12 paragraph (5) b, importer or agency/institution should re-export of fishery product to the origin country within 3 (three) days since they are rejected.
(2) If within 3 (three) days they are not re-exported to the origin country, those fishery products will be destroyed based on effective provisions.
Every fishery products will be entered into the territory of the Republic of Indonesia only can be conducted through entry places as follows:
(1) Fishery products as hand luggage into the territory of the Republic of Indonesia only can be entered without Fishery Products Entry Permit with provision maximum 25 kg (twenty five kilogram) and/or has maximum value Rp1,000,000,000.00 (one million rupiah).
(2) Everybody enters fishery products as hand luggage as intended in paragraph (1), should reports and gives fishery products with their requirement documents to the Quarantine Official when arrives in the entry place.
(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 on the food quality and safety in the destination country, the documents should be checked by Quarantine Official within 1 (one) day period on the:
(2) Document checking as intended in paragraph (1) is to check right of documents on the kind, quantity, form, and size of fishery products are re-entered into the territory of the Republic of Indonesia.
(3) In checking of right of documents as intended in paragraph (2), Quarantine Official conducts physical checking on the fishery products in customs zone.
(4) Based on document checking result as intended in paragraph (1) and paragraph (3), Quarantine Official does:
(5) 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 not being accompanied by required documents, those fishery products shall be destroyed.
(6) Re-import of fishery products should passing through stipulated places of entry.
(7) Cost of destroying as intended in paragraph (5) is borne by the owner of fishery products.
(1) In the framework to keep on effective quality control on the fishery products are entered into the territory of the Republic of Indonesia, Quality Control monitors them.
(2) Report on the monitoring activities is submitted to the Competent Authority with copy to the Director General.
(3) if result of monitoring show not match on the requirements of fishery products quality and safety, importer shall withdraw fishery products that have been in circulation.
Control shall be done in the framework of guarantee for fishery products are entered into territory of the Republic of Indonesia in according to the aim, purpose, and plan are applied, with following provision:
(1) Importer violating on the function as intended in Article 4 paragraph (1) can be liable to an administrative sanction.
(2) The administrative sanction as intended in paragraph (1) can be in the form of revocation of a Permit for the Import of Fishery Products.
(3) The administrative sanction as intended in paragraph (2) shall be determined by Director General.
Every import of fish into the territory of the Republic of Indonesia as food for fishery catching business shall follow provision in this Ministerial Regulation, except provision on the Health Certificate in Quality Field as intended in Article 5 paragraph a and provision on quality testing as intended in Article 12 paragraph (1).
(1) Importer or agency/institution already filed complete application for Fishery Products Import Permit before stipulation of this Ministerial Regulation will be processed based on Regulation of the Minister of Marine and Fishery No. PER.17/MEN/2010 concerning Quality and Security Control of Fishery Products Imported to the Territory of the Republic of Indonesia.
(2) Importer has API-U who want to import fishery products into the territory of the Republic Indonesia and not has SKP yet before stipulation of this Minister Regulation, should has SKP at the latest 3 (three) months after stipulation of this Ministerial Regulation.
When this Ministerial Regulation comes into force:
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 June 15, 2011
MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA
signed,
FADEL MUHAMMAD