to Indonesian
a. that Regulation of the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 in conjunction with Regulation of the Minister of Agriculture No. 90/Permentan/OT.140/12/2011 and Regulation of the Minister of Agriculture No. 16/Permentan/OT.140/3/2012 decided Technical Requirements and Plant Quarantine Action for the Entry of Products of Living Plants in the form of Fresh Layer Roots into Territory of the Republic of Indonesia;
b. that by development of science and technology in the plant quarantine field, actions on the disturbance organism carrier media of free plants from quarantine plant disturbance organism, Regulation of the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 in conjunction with Regulation of the Minister of Agriculture No. 90/Permentan/OT.140/12/2011 and Regulation of the Minister of Agriculture No. 16/Permentan/OT.140/3/2012 no longer appropriate;
c. that based on above reasons, it is necessary to regulate Plant Quarantine Action for the Entry of Fresh layer roots into territory of the Republic of Indonesia;
1. 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);
2. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 35);
3. 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. 3817);
4. Law 13 of 2010 concerning Horticulture (Statute Book of the Republic of Indonesia No. 132/2010, Supplement to Statute Book of the Republic of Indonesia No. 5170);
5. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book of the Republic of Indonesia No. 35/2002, Supplement to Statute Book of the Republic of Indonesia No. 4196);
6. Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrition (Statute Book of the Republic of Indonesia No. 107/2004, Supplement to Statute Book of the Republic of Indonesia No. 4424);
7. Presidential Decree No. 2/1977 in conjunction with Presidential Decree No. 45/1990 concerning Ratification of International Plant Protection Convention 1951;
8. Presidential Decree No. 58/1992 concerning Ratification of Asian Plant Protection Convention;
9. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
9. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesia Cabinet II;
10. Presidential Regulation No. 24/2010 concerning the Positions, Duties, and Functions of State Ministries, as well as Organization Structure, Tasks, and Function of Echelon I;
11. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Organization, and Work Flow of Technical Implementation Unit of Agriculture Quarantine;
13. Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2 /2009 concerning Requirements and Procedures of Plant Quarantine Action on the Entry of Quarantine Plant Disturbance Organism Carrier Media into Territory of the Republic of Indonesia (State Gazette of the Republic of Indonesia No. 35/2009);
14. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10 /2010 concerning Organization and Work Flow of Ministry of Agriculture;
15. Regulation of the Minister of Agriculture No. 88/Permentan/PP.340/12/2011 concerning Food Safety Control on the Import and Export of Fresh Fruit of Plants Origin (State Gazette of the Republic of Indonesia No. 842/2011);
16. Regulation of the Minister of Agriculture No. 93/Permentan/OT.140/12/ 2011 concerning Kinds of Quarantine Plants Disturbance Organism (State Gazette of the Republic of Indonesia No. 6/2012);
17. Regulation of the Minister of Agriculture No. 94/Permentan/OT.140/12/ 2011 concerning Entry and Release Places for Carrier Media of Quarantine Animal Diseases and Quarantine Plants Disturbance Organism (State Gazette of the Republic of Indonesia No. 7/2012);
1. WTO Notification No. G/SPS/N/IDN/37 dated October 26, 2007;
2. WTO Notification No. G/SPS/N/IDN/47 dated May 7, 2012;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING PLANT QUARANTINE ACTION FOR THE ENTRY OF FRESH LAYER ROOTS VEGETABLES INTO TERRITORY OF THE REPUBLIC OF INDONESIA
In this Regulation:
1. Fresh Layer Roots Vegetables hereinafter called Layer Roots are part of plants in the form of layer roots (bulb) include in the Alliums family, either whole or parts that have not been processed into processed materials.
2. Quarantine Plant Disturber Organisms hereinafter called OPTK are all plant disturber organisms stipulated by the Minister of Agriculture to be prevented as of its entry into and its spreading into the Territory of the Republic of Indonesia.
3. Plant Healthy Certificate (Phytosanitary Certificate) is a statement letter made by the authorized official from origin or transit country that state Layer Roots are free from OPTK and had met requirements of stipulated Plant Quarantine and/or declaring other required information.
4.Entry Places are sea-ports, river-ports, ferry-ports, airports, post offices, border posts with other countries and other important places, stipulated as places for the entrance of carrier media of plant disturber organisms.
5. Plant Quarantine Officials are certain Government employees assigned the duty to carry out Plant Quarantine actions based on prevailing legislations.
6. Layer Roots owner or its proxy, hereinafter called Owner or its Proxy are a person or legal entity owned and/or responsible on the entry of living plant products in the form of fresh layer roots vegetables.
(1) This Regulation is intended as a basis for the entry of Layer Roots into the territory of the Republic of Indonesia and the implementation of Plant Quarantine Action.
(2) The purpose of this regulation is to prevent the entry of OPTK into the territory of the Republic of Indonesia and meet the safety of fresh food plant origin.
The scope of this regulation includes plant quarantine action and Entry Places.
(1) Entry of Layer Roots into territory of the Republic of Indonesia can be derived from the production area in the country of origin is free or not free from OPTK infestation.
2. Layer Roots as intended in paragraph (1) must free of roots, leaves, and particles of soil/compost.
(1) Production areas in origin country free from OPTK infestation as intended in Article 4 are determined by the Head of Agricultural Quarantine Agency on behalf of the Minister in the form of Decree.
(2) The procedure for the determination of a production areas in the country of origin are free from OPTK infestation as intended in paragraph (2), conducted under the provisions of the legislation.
(1) In case of entry of Layer Roots from the production area in the country of origin are not free from OPTK infestation as intended in Article 4, shall be conducted treatment action in the form of fumigation or irradiation.
(2) Kind of Layer Roots, OPTK and treatment as intended in paragraph (1) are as listed in the attachment as an integral part of this Regulation.
(1) Entry of Fresh layer roots as intended in Article 4 and Article 6 shall meet the requirements provision of the safety of fresh food plant origin.
(2) Food safety requirements as intended in paragraph (1) to comply with legislation in the field of safety of fresh food plant origin.
(1) Fresh layer roots that are entered into the territory of the Republic of Indonesia, shall:
(2) Plant Safety Certificate as intended in paragraph (1) a for the entry of Layer Roots from production areas in the country of origin free from OPTK infestation, should contains the statement of:
(3) Plant Healthy Certificate as intended in paragraph (1) a, for Layer Roots are from production areas in the country of origin that is not free from OPTK infestation, should contains statement of:
(4) Statements as intended in paragraph (2) and paragraph (3) b are written in additional information column (additional declaration)..
(5) Statement as intended in paragraph (3) a, is written in treatment column.
(1) The owner or its proxy shall report and deliver Layer Roots to the Quarantine Official at the Entry Place.
(2) The report as intended in paragraph (1) is made no later than the arrival of Layer Roots in the Entry Place, equipped with the required documents.
(1) Quarantine official conduct administrative checking action against the required documents to determine completeness, correctness, and validity of the document.
(2) In case of administrative checking as intended in paragraph (1) on the Plant Healthy Certificate, proved not to include the statement:
In the case of administrative examination result as intended in Article 10 proved:
(1) The medical examination as intended in Article 11 b made to detect the possible presence of OPTK and to know the physical condition of Layer Roots.
(2) In the case of medical examination result as intended in paragraph (1), Layer Roots proved:
(3) Clearance as intended in paragraph (2) d, can be done if the Layer Roots comply with laws and regulations in the field of safety of fresh food plant origin.
Actions of administrative checking, medical examination, detention, rejection, treatment, destruction, and clearance as intended in Article 10, Article 11, and Article 12 are carried out in accordance with statutory regulations.
(1) Entry places of Layer Roots as intended in Article 8 paragraph (1) b, consisting of:
(2) In addition to entry places as intended in paragraph (1), Entry Places determined under legislation in the Free Trade Zone and Free Port Area can be used as Entry Places for the entry of Layer Roots.
(3) Entry of Layer Roots through Entry Places as intended in paragraph (2) can be done only to meet consumption needs and are prohibited for circulation outside the Free Trade Zone and Free Port Area.
4) Provision on the Entry Places as intended in paragraph (1) shall not apply to the entry of Layer Roots from the production areas that are free of OPTK infestation in the country of origin as intended in Article 5, or countries that have recognized the food safety system.
With the enactment of this Regulation, Regulation of the Minister of Agriculture No. 18/Permentan/HK.060/1/2006 in conjunction with Regulation of the Minister of Agriculture No. 90/Permentan/OT.140/12/2011 and Regulation of the Minister of Agriculture No. 16/Permentan/OT.140/3/2012 shall be revoked and declared null and void.
This Regulation shall come into force on June 19, 2012.
For public cognizance, this Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on June 13, 2012
MINISTER OF AGRICULTURE,
signed,
SUSWONO
STATE GAZETTE OF THE REPUBLIC OF INDONESIA No. 631/2012