to Indonesian
a. that by the enforcement of Law No. 13/2010 concerning Horticulture, Article 63 paragraph (4) govern to regulate entry and releasing of horticulture seeds to and from territory of the Republic of Indonesia.
b. that by the development of technology and society demands on the horticulture seeds, Regulation of the Minister of Agriculture No. 38/Permentan/OT.140/8/2006 in conjunction with Regulation of the Minister of Agriculture No. 68/Permentan/OT.140/11/2007 and Regulation of the Minister of Agriculture No. 70/Permentan/OT.140/11/2007 for the entry and releasing of horticulture seeds are not appropriate;
c. that based on consideration above, and for smooth management service on the entry and release of horticulture seeds, it is necessary to stipulate Entry and Releasing of Horticulture Seeds;
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. 4/2006 concerning Ratification of International Treaty on Plant Generic Resources for Food and Agriculture (Statute Book No. 23/2006, Supplement to Statute Book No. 4612);
3. Law No. 13/2010 concerning Horticulture (Statute Book No. 132/2010, Supplement to Statute Book No. 5170);
4. Government Regulation No. 14/2002 concerning Plant Agriculture (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);
5. Government Regulation No. 21/2005 concerning the Bio Safety of Genetically Modified Products (Statute Book No. 44/2005, Supplement to Statute Book No. 4498);
6. Presidential Decree No. 27/1971 concerning National Seeds Board;
7. Presidential Decree No. 84/P/2009 concerning Establishment of Unity Indonesia Cabinet II;
8. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries in conjunction with Presidential Regulation No. 91/2011 (Statute Book No. 141/2011);
9. Presidential Regulation No. 24/2010 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 No. 92/2011 (Statute Book No. 142/2011);
10. Presidential Regulation No. 39/2010 concerning the Bio Safety of Genetically Modified Products;
11. Presidential Decree No. 19/2011 concerning Determination of Indonesian Membership at International Seeds Testing Association (International Seeds Testing Association);
12. Decree of the Minister of Agriculture No. 734/Kpts/OT.140/12/2006 concerning the Establishment of National Commission on Genetic Resources;
13. Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2/2009 concerning Requirements and Procedures of Plant Quarantine Measures on the Entry of Quarantine Plant Organism Carrier into the Territory of the Republic of Indonesia;
14. Decree of the Minister of Agriculture No. 511/Kpts/PD.310/9/2006 concerning Fostering Commodity of Directorate General of Plantation, Directorate General of Food Plant, and Directorate General of Horticulture in conjunction with the Decree of the Minister of Agriculture No. 3599/Kpts/PD.390/10/2009;
15. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/ 2010 concerning Organization and Work Flow of Ministry of Agriculture;
16. Regulation of the Minister of Agriculture No. 37/Permentan/OT.140/7/ 2011 concerning Conservation and Utilization of Plant Genetic Resources;
17. Regulation of the Minister of Agriculture No. 93/Permentan/OT.140/12/2011 concerning the types of Plant Quarantine Disturbance Organisms (State Gazette No. 6/2012);
18. Regulation of the Minister of Agriculture No. 94/Permentan/OT.140/12/2011 concerning Entry and Release Places for Carrier Media of Quarantine Animals Diseases and Quarantine Plants Disturbance Organism (Statute Book No. 7/2012);
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING ENTRY AND RELEASING OF HORTICULTURE SEEDS
In this Regulation:
1. Horticultural seeds hereinafter called as the seeds are horticultural plants or parts of them are used to reproduce and/or breeding of horticultural plants.
2. Quality seeds of qualified varieties of horticultural hereinafter called as quality seeds are the seeds of horticultural varieties that have been registered for circulation purposes and comply with quality standards/minimum determination technical requirements and controlled in circulation.
3. Circulation is an activity or series of activities in the framework of the domestic distribution of quality seeds of qualified varieties of horticulture to be traded or not.
4. Entry of seeds is a series of activities to enter the seeds of plants from abroad into the territory of the Republic of Indonesia, both as an introduction to plant breeding or to supply quality seeds of qualified varieties of horticulture.
5. Releasing of seeds is a series of activities to remove the seeds from the territory of the Republic of Indonesia.
6. Entry Permit is a written statement containing the rights granted by the Minister or any official appointed to individual, business entity, corporation, government agency, or observer of the plant to be able to perform activities of plant seeds entry.
7. Release Permit is a written statement containing the rights granted by the Minister or officials designated to individuals, business entity, corporation, government agency, or observer of the plant to be able to perform activities of plant seeds releasing.
8. Individual is an individual person or group that is not legal entity.
9. Observer is an individual person or a group of persons or organization who pays great attention to the plants with the aim of hobbies, arts and not for sales.
10. Director General is the First Echelon Head of the Directorate General who responsible in the field of horticulture.
11. The Head of Center for Plant Variety Protection and Licensing of Agriculture hereinafter called as the Head of Center is head of working unit of echelon II in the Ministry of Agriculture who is carrying out the duties and functions in the field of Plant Variety Protection and Licensing of Agriculture.
12. Standards of quality seeds is the standard technical specifications of seeds covering the quality of physical, genetic, physiological, and/or seeds health.
13. Genetically modified products are living organisms, their parts and/or their processed products that have new genetic structure that is the application of modern biotechnology.
(1) This regulation is intended as a basic service for the entry and releasing of the seeds.
(2) This Regulation aims to:
The scope of this Regulation includes the entry and releasing of seeds.
(1) Entry of seeds can be done by individuals, government agencies, business entities, legal entities, and/or observer of the plant.
(2) Entry of seeds as intended in paragraph (1) can be done after obtaining permission from the Minister.
Minister in giving the permit as intended in Article 4 paragraph (2), in the implementation is done by the Director General on behalf of the Minister.
Entry of seeds as intended in Article 4 carried out for:
(1) To obtain a permit to enter seeds as intended in Article 5:
(2) Entry of seeds must meet the requirements as intended in paragraph (1) and the provisions of rules in the field of quarantine.
Entry of seeds for the purpose of registration of varieties of horticultural plants as intended in Article 6 a, shall meet the administrative requirements as intended in Article 7 and meet the technical requirements as follows:
(1) Entry of seeds for the supply of quality seeds as intended in Article 6, paragraph b, shall meet the requirements as intended in Article 7 and meet the technical requirements as follows:
(2) Entry of seeds as intended in paragraph (1) must be made not more than 2 (two) years from the varieties are listed.
(3) Entry of seeds as intended in paragraph (2) is exempted for horticultural seeds that can not be produced in the territory of the Republic of Indonesia.
(4) The provisions as intended in paragraph (1) b up to f and paragraph (3) shall be governed by the Director General on behalf of the Minister.
Entry master seeds of varieties that have been listed as intended in Article 6 paragraph c to be produced domestically, must meet the administrative requirements as intended in Article 7 and meet the technical requirements as follows:
Multiplication of seeds for the purpose of export of seeds or products as intended in Article 6 paragraph d, must meet the administrative requirements as intended in Article 7 and meet the technical requirements as follows:
(1) Entry of seeds for the purpose of proficiency testing as intended in Article 6 paragraph e must fulfill the requirements as intended in Article 7 and meet the technical requirements as follows:
(2) Implementation of proficiency testing as intended in paragraph (1) must be under the supervision of the Plant Quarantine Official.
Entry of seeds for the purpose of BUSS testing as intended in Article 6 paragraph f must satisfy the requirements as intended in Article 7, as well as the type or amount of seeds should be in accordance with the testing requirements.
(1) Entry of seeds for the needs of plant observers as intended in Article 6 paragraph g, shall meet the administrative requirements as intended in Article 7 and meet the technical requirements as follows:
(2) Plantlets as intended in paragraph (1) a in the form of sprout that is rooted derived either from seeds or from cell culture or net culture that are the result of propagation through organogenesis and embryogenesis are ready acclimatized.
(3) Cuttings as intended in paragraph (1) a of the plants used for vegetative propagation.
(4) Young plants as intended in paragraph (1) a in the form of small plants that have leaves and roots.
Entry of seeds for the purpose of exhibition/promotion and/or competition as intended in Article 6 paragraphs h and i must fulfill the requirements as intended in Article 7 and meet the technical requirements as follows:
(1) If the seeds quality standards or minimum technical requirements as intended in Article 9 paragraph (1) b have not been determined, the Director General in giving the permit to enter seeds as intended in Article 5 is based on seeds quality standards or minimum technical requirements of nearest species.
(2) The seeds as intended in paragraph (1) after entered into the territory of the Republic of Indonesia, Director General on behalf of the Minister directly determines seeds quality standards or minimum technical requirements.
(1) To determine compliance with quality standards or minimum technical requirements as intended in Article 9 paragraph (1) b, it is necessary to test the quality of seeds.
(2) Test the quality of the seeds as intended in paragraph (1) conducted by the agency in charge of supervision and certification of seeds or accredited laboratory in the field of seeds quality tests in accordance with its commodities.
(3) Test the quality as intended in paragraph (1) is exempt if the seeds have been tested by a laboratory that is accredited by the International Seeds Testing Association (ISTA) in the country of origin.
(4) Implementation of quality tests as intended in paragraph (1) can be performed together with seeds health inspection by the Plant Quarantine Official.
(1) Individuals, government agencies, business entities, legal entities and/or observer of the plant as intended in Article 4 paragraph (1), to obtain the permit as intended in Article 5 shall apply in writing and submitted manually and/or electronically to the Minister through Head of the Center by using IM-01 form as contained in Attachment that is an integral part of this Regulation with a copy to the Head of Agricultural Quarantine Agency.
(2) The application as intended in paragraph (1) must be accompanied with the requirements as intended in Article 7 and also shall be provided with:
(3) The Head of Center after receiving an application as intended in paragraphs (1) and (2) within period of 3 (three) working days have been completed to check the completeness of the application documents and notify rejected or accepted.
(1) Application is rejected as intended in Article 18 paragraph (3) if the result of the document is incomplete or incorrect.
(2) Rejection as intended in paragraph (1) is notified to the applicant in writing by the Head of the Centre.
(1) Application is accepted as intended in Article 18 paragraph (3) if the document is complete and correct.
(2) Complete and correct application as intended in paragraph (1), is submitted to the Director General and Head of Agricultural Quarantine Agency in writing.
(3) Head of the Agriculture Quarantine Agency as intended in paragraph (2) within period of 5 (five) working days have been issued recommendation and submitted to the Director General with a copy to the Head of the Centre.
(4) If within a period of 5 (five) working days Head of Quarantine Agency does not make recommendation, the Director General may process by using the previous recommendation.
(5) The Director General after receiving the recommendation from the Head of the Agriculture Quarantine Agency as intended in paragraph (3) within period of 10 (ten) working days must have notified rejected or accepted.
(6) If, within a maximum period of 10 (ten) days as intended in paragraph (5) The Director General has not issued a rejection then the application is considered accepted.
(7) In case of the entry of seeds for the first time of plant kind and/or country of origin, within a period of 60 (sixty) working days the Head of the Agriculture Quarantine Agency has submitted a recommendation to the Director General if the application is accompanied with the results of risk analysis for Quarantine Plant Disturbance Organism (OPTK).
(8) The provisions of risk analysis for OPTK as intended in paragraph (7) shall be further regulated by the Agricultural Quarantine Agency.
(1) Rejection as intended in Article 20 paragraph (5) carried out if the technical requirements as intended in Article 18 are not met.
(2) Rejection as intended in paragraph (1) by the Director General shall be notified in writing to the applicant through the Head of the Centre, by using IM-02 form as contained in Attachment as an integral part of this Regulation.
(1) Application is accepted or deemed accepted as intended in Article 20 paragraph (6) the Director General shall issue a permit to enter seeds.
(2) Entry permit as intended in paragraph (1) is issued in the form of Decree of the Minister of Agriculture by using IM-03 form as listed in the Attachment as an integral part of this Regulation.
(3) Entry permit of seeds as intended in paragraph (1) is given in a period of maximum 6 (six) months.
(4) Entry permit is submitted to the applicant by the Head of the Center within a period of 2 (two) working days after receiving from the Director General.
Permit holder must have been completed enter the entire seeds through determined point of entry in accordance with the period given in the permit to enter.
(1) Individuals, government agencies, business entities, legal entities, and/or observers who enter seeds must submit import permit of seeds as intended in Article 22 to Plant Quarantine Official and a copy to the Agency in charge of Seeds Control and Certification at the location of seeds storage, no later than the seeds arrives at point of entry.
(2) Government agencies and observers who enter seeds, within period of 7 (seven) working days from the entry of seeds as intended in paragraph (1) shall report the realization of the entry of seeds to the Director General with a copy to the Head of the Centre.
(3) Individuals, business entities or legal entities which enter seeds shall report the realization of entry within a period of 30 (thirty) days from the entry of seeds as intended in paragraph (1) to the Director General with a copy to the Head of the Centre.
(1) Entry permit of seeds as intended in Article 22 shall be revoked, if:
(2) Revocation of entry permit of seeds for the reasons as intended in paragraphs (1) a and b after give 1 (once) warning and not responded within 7 (seven) working days from the warning issued date.
(3) Revocation of entry permit of seeds for the reasons as intended in paragraph (1) c shall be without any advance warning.
(4) Revocation of entry permit of seeds as intended in paragraph (2) or paragraph (3) conducted by the Director General on behalf of the Minister by using IM-04 form as listed in the Attachment as an integral part of this Regulation.
(1) Supervision the implementation of the entry permit of seeds in the point of entry is held by the Plant Quarantine Official.
(2) The implementation of permit supervision as intended in paragraph (1) carried out together with the plant quarantine measures.
(3) Permit supervision as intended in paragraph (2) is conducted to determine the completeness, validity and truth of the contents of the document.
(4) The validity of entry permits as intended in paragraph (3) include:
(5) The truth of import permit as intended in paragraph (3) include the following:
(6) If the inspection of the documents as intended in paragraph (3) proved:
(7) If, within a maximum period of 14 (fourteen) working days as intended in paragraph (6) a entry permit has not or can not be fulfilled, then do the rejection action.
(8) If the amount of seeds which is entered is greater than the quota as intended in paragraph (4) c, then the excess is done rejection action.
(9) If within a maximum period of 14 (fourteen) working days after the owner or its proxy received a letter of rejection as intended in paragraph (6) a, paragraph (7) and paragraph (8) does not directly take the seeds out from the territory of the Republic of Indonesia, then do destroying action.
(1) Releasing of seeds can be done by individuals, government agencies, business entities, legal entities and/or observer of the plant.
(2) Releasing of seeds as intended in paragraph (1) can be done after obtaining permission from the Minister.
(3) Releasing for the seeds of protected plant species must obtain permission from the Minister who responsible for the field of Natural Resources Conservation.
Minister in giving the permit as intended in Article 27 paragraph (2), in the implementation is done by the Director General on behalf of the Minister.
Releasing of seeds as intended in Article 27 carried out if:
(1) To obtain a permit to release seeds as intended in Article 27:
(2) The releasing of seed should fulfill requirements as intended in paragraph (1) an also shall comply with the rules in the field of quarantine.
(1) Individuals, government agencies, business entities, legal entities and/or observer of the plant as intended in Article 27 paragraph (1), to obtain the permit as intended in Article 28 shall apply in writing and submitted manually and/or electronically to the Minister through Head of the Center by using IK-01 form as contained in Attachment as an integral part of this Regulation with a copy to the Head of Agricultural Quarantine Agency.
(2) The application as intended in paragraph (1) by attaching the required documents as intended in Article 30.
(3) Head of the Center after receive an application as intended in paragraphs (1) and (2) the within period of 3 (three) working days have been completed to check the completeness of the application documents and notify rejected or accepted.
(1) Application rejected as intended in Article 31 paragraph (3) if the results of the document is incomplete or incorrect.
(2) Rejection as intended in paragraph (1) is notified to the applicant in writing by the Head of the Centre.
(1) Application is accepted as intended in Article 31 paragraph (3) if the document is complete and correct.
(2) Complete and correct application as intended in paragraph (1), is submitted to the Director General and Head of Agricultural Quarantine Agency in writing.
(3) The Director General within a period of 10 (ten) working days must have notified rejected or accepted.
(4) If within a maximum period of 10 (ten) days as intended in paragraph (3) the Director General has not issued a rejection then the application is considered accepted.
(1) Rejection as intended in Article 32 paragraph (1) carried out if the technical requirements as intended in Article 29 are not met.
(2) Rejection as intended in paragraph (1) by the Director General shall be notified in writing to the applicant through the Head of the Centre, by using IK-02 form as contained in Attachment as an integral part of this Regulation.
(1) Application is accepted or deemed accepted as intended in Article 33 the Director General shall issue a permit to release seeds.
(2) Releasing permit as intended in paragraph (1) is issued in the form of Decree of the Minister of Agriculture by using IK-03 form as contained in Attachment as an integral part of this Regulation.
(3) Releasing permit of seeds as intended in paragraph (1) is given in a period of maximum 6 (six) months.
(4) Releasing permits is submitted to the applicant through the Head of the Center within a period of 2 (two) working days after receiving from the Director General.
Permit holder must have been completed release all the seeds through determined point to release in accordance with the period given in the releasing permit.
(1) Individuals, government agencies, business entities, legal entities, and/or observers who release seeds are required to submit releasing permit of seeds as intended in Article 35 to Plant Quarantine Official, and no later than when the seeds arrived on the releasing point.
(2) Individuals, government agencies, business entities, legal entities and/or observers who release seed within the maximum period of 7 (seven) working days from releasing seed as intended in paragraph (1) shall report the realization and the value (rupiah) of the releasing seeds to Director General with a copy to the Head of the Center.
(1) Releasing Permit of seeds as intended in Article 35 paragraph (2) is revoked if the license holder:
(2) Revocation of releasing permit of seeds for a reason as intended in paragraphs (1) a and b after give 1 (once) warning and not responded within 7 (seven) working days from the warning issued date.
(3) Revocation of releasing permit for the reasons as intended in paragraph (1) c shall be without any advance warning.
(4) Revocation of releasing permit of seeds as intended in paragraph (2) or paragraph (3) conducted by the Director General on behalf of the Minister by using IK-04 form as contained in Attachment as an integral part of this Regulation.
(1) The seeds from the exhibition place can be released if they have already received releasing permit from the exhibition committee by using the IK-05 form as listed in the Attachment as an integral part of this Regulation.
(2) Exhibition committee as intended in paragraph (1) is established by the Decree of the Minister that is signed by the Director General on behalf of the Minister.
(3) Releasing seeds as intended in paragraph (1) shall meet the requirements as intended in Article 27 paragraph (3), Article 30 paragraph (1) b and rules in the field of quarantine.
(1) Amount of seeds that requested to be released from the exhibition as intended in Article 39 paragraph (1) at most 10 (ten) plants of several species and/or varieties, and/or 5 (five) containers contents vitro of 25 (twenty five) plantlets or cuttings or young plants per container.
(2) Plantlets as intended in paragraph (1) a in the form of sprout that is rooted derived either from seeds or from cell culture or net culture that are the result of propagation through organogenesis and embryogenesis are ready acclimatized.
(3) Cuttings as intended in paragraph (1) a of the plants used for vegetative propagation.
(4) Young plants as intended in paragraph (1) a in the form of small plants that have leaves and roots.
(1) Supervision in the releasing point of the use releasing permits of seeds conducted by the Plant Quarantine Official.
(2) The implementation of permit supervision as intended in paragraph (1) carried out together with the plant quarantine measures.
(3) Permit supervision as intended in paragraph (2) is conducted to determine the completeness, validity and truth of the contents of the document.
(4) The validity of releasing permits as intended in paragraph (3) include:
(5) The truth of releasing permit as intended in paragraph (3) include the following:
(6) If the inspection of the documents as intended in paragraph (3) proved:
(7) If, within a maximum period of 14 (fourteen) working days as intended in paragraph (6) a releasing permit has not or can not be fulfilled, then do the rejection action.
(8) If the amount of seeds which is released is greater than the quota as intended in paragraph (4) c, then the excess is done rejection action.
(9) If within a maximum period of 14 (fourteen) working days after the owner or its proxy received a letter of rejection as intended in paragraph (6) b, paragraph (7) and paragraph (8) does not directly take the seeds out from the point of releasing, then do destroying action.
Applications for permit to enter and release of seeds that have been filed before the promulgation of this Regulation, will be processed in accordance with the provisions in the Regulation of the Minister of Agriculture No. 38/Permentan/OT.140/8/2006 in conjunction with Regulation of the Minister of Agriculture No. 68/Permentan/OT.140/11/2007 and Regulation of the Minister of Agriculture No. 70/Permentan/OT.140/11/2007concerning Entry and Releasing of Seeds.
With the promulgation of this Regulation, the Regulation of the Minister of Agriculture No. 38/Permentan/OT.140/8/2006 in conjunction with Regulation of the Minister of Agriculture No. 68/Permentan/OT.140/11/2007 and Regulation of the Minister of Agriculture No. 70/Permentan/OT.140/11/2007 as long for the entry and releasing of horticultural seeds shall be revoked and declared null and void.
This Regulation comes into force on the 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 6 February 2012
Minister of Agriculture,
signed,
SUSWONO