to Indonesian
NUMBER 30/M-DAG/PER/5/2012 with amendments by 60/M-DAG/PER/9/2012
Change List 60/M-DAG/PER/9/2012 vs 30/M-DAG/PER/5/2012 Horticulture(E)
a. that to increase effective implementation of provision on the import of horticulture products, it is necessary to amend several provision in Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/6/2012;
b. based on the considerations as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938) as amended and supplemented;
2. Law No. 3/1982 concerning Compulsory Corporate Registration (Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);
3. 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);
4. 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 the Republic of Indonesia No. 3564);
5. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statue 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. 5/1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3806);
8. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821;
9. Law No. 39/2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
10. Law No. 13/2010 concerning Horticulture (Statute Book of the Republic of Indonesia No. 132/2010, Supplement to Statute Book of the Republic of Indonesia No. 5170);
11. Government Regulation No. 22/1983 concerning Veterinary Public Health (Statute Book of the Republic of Indonesia No. 28/1983, Supplement to Statute Book of the Republic of Indonesia No. 3253);
12. Government Regulation No. 69/1999 concerning Food Labels and Advertisement (Statute Book of the Republic of Indonesia No. 131/1999, Supplement to Statute Book of the Republic of Indonesia No. 3867);
13. 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);
14. Government Regulation No. 68/2002 concerning Food (Statute Book of the Republic of Indonesia No. 142/2002, Supplement to Statute Book of the Republic of Indonesia No. 4254);
15. 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);
16. Government Regulation No. 21/2005 concerning the Bio Safety of Genetically Engineered Products (Statute Book of the Republic of Indonesia No. 44/2005, Supplement to Statute Book of the Republic of Indonesia No. 4498);
17. Government Regulation No. 38/2007 concerning the Division of Government Affairs between the Government, Provincial Governments and Local Government of Regency/Municipality (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
18. Presidential Decree No. 260/1967 concerning Affirmation of Duties and Responsibilities of the Minister of Trade in Foreign Trade;
19. Presidential Decree No. 84/M/2009 concerning United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
20. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended several times, the latest by Presidential Regulation No. 91/2011;
21. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of the State Ministries and Organizational Structure, Duties and Functions of First Echelon of State Ministries, as amended several times, the latest by Presidential Regulation No. 92/2011;
22. Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2009 concerning Requirements and Procedures for Plant Quarantine Measures on the Entry of Wood Packaging into the Territory of the Republic of Indonesia;
23. Regulation of the Minister of Trade No. 54/M-DAG/PER/9/2009 concerning General Provisions in Imports;
24. Regulation of the Minister of Industry No. 24/M-IND/PER/2/2010 concerning the Food Tara Logo and Recycling Code Imprinting on the Food Packaging and Plastic;
25. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
26. Regulation of the Head of Drug and Food Controller Agency No. HK.03.1.23.07.11.6664/2011 concerning the Control of Food Packaging;
27. Regulation of the Minister of Trade No. 31/M-DAG/PER/10/2011 concerning Packed Goods;
28. Regulation of the Minister of Agriculture No. 88/Permentan/PP.340/12/2011 concerning the Control of Food Safety on the Entry and Release of Fresh Food of Plant Origin;
29. Regulation of the Minister of Trade No. 27/M-DAG/PER/5/2012 concerning Importer's Identity Number (API);
30. Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/6/2012;
31. Regulation of the Minister of Agriculture No. 42/Permentan/OT.140/6/2012 concerning Plant Quarantine Action for the Entry of Fresh Fruits or Fresh Vegetables into Territory of the Republic of Indonesia;
31. Regulation of the Minister of Agriculture No. 43/Permentan/OT.140/6/2012 concerning Plant Quarantine Action for the Entry of Fresh Bulb Vegetables into Territory of the Republic of Indonesia;
REGULATION OF THE MINISTER OF TRADE CONCERNING THE SECOND AMENDMENT TO THE REGULATION OF THE MINSTER OF TRADE No. 30/M-DAG/PER/5/2012 CONCERNING PROVISIONS ON THE IMPORT OF HORTICULTURE PRODUCTS.
Several provisions in Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/6/2012 shall be amended as follows:
1. Provisions of Article 1 shall be amended as follows:
"Article 1
In this Ministerial Regulation:
1. Horticulture is all things related to fruits, vegetables, vegetable ingredients, and floriculture, including fungi, mosses, and aquatic plants that serve as a vegetable, vegetable ingredients, and/or aesthetic materials.
2. Horticulture products are all horticultural derived results and crops that are still fresh or has been processed.
3. Fresh Horticulture Products are food of plant origin in the form of the products produced in the process of post harvest for consumption or industrial raw materials, or products that have a minimal process.
4. Processed Horticulture Products are food or beverage of process results in a certain way or method with or without additives.
5. Import is the activities to enter goods into the Customs Area.
6. Producer Importer of Horticulture Products hereinafter called as IP-Horticulture Products is a company that uses Horticulture products as raw materials or auxiliary materials in the production process itself and does not trade in or transfer to another party.
7. Registered Importer of Horticulture Products hereinafter called as IT-Horticulture Products is a company that imports horticulture products for business activities by the trade and/or transfer to another party.
8. Distributor is a national trading company that acts for and on behalf itself; the scope includes the purchase, storage, sales, and marketing of goods, especially to distribute goods from importers to retailers.
9. Label is any description of Horticulture Products in the form of images, text, a combination of both, or other form which contains information of products and business entity statements and other information in accordance with the provisions of the effective legislation, which is included on the product, put in, affixed to, or is part of the package.
10. Tara Food logo is a marking that indicates food packaging is safe to be used for food.
11. Recycling code is a code that indicates food packaging can be recycled.
12. Packaging is the material used as place and/or wrap Horticulture Products, both direct and indirect contact.
13. Import Approval is an import permit of Horticulture Products.
14. Recommendation to Import Horticulture Products (RIPH) is a letter issued by the official related technical agency/unit that has authority and the requirements of the issuance of Import Approval.
15. Verification or technical inquiry is the activities of the technical inspection on imported products at ports of loading by the surveyor.
16. Surveyor is a authorized survey company to conduct verification or technical inquiry of imported products.
17. Minister is the minister who held government affairs in the field of trade.
18. Director General is Director General of Foreign Trade, Ministry of Trade."
2. Article 2 is demolished.
3. Article 4 is demolished.
4. Provisions of Article 7 is amended so is read as follows:
"Article 7
(1) In order to obtain recognition as an IP-Horticulture Products as intended in Article 5, Company should file application to the Minister in this case Director General, by enclosing:
(2) The Director General on behalf of the Minister issues recognition as the IP-Horticulture Products within 5 (five) working days after field examination was conducted by the Assessment Team to know the truth of the documents as intended in paragraph (1).
(3) The examination as intended in paragraph (2) shall not exceed 3 (three) working days since the complete application is received.
(4) Assessment Team as intended in paragraph (2) consists of officials are determined by the Director General.
(5) In case of the results of the examination as intended in paragraph (2) is found incorrect data, the Director General reject to issue the determination as IP-Horticulture Products.
(6) Recognition as IP-Horticulture Products as intended in paragraph (2) applies in accordance with RIPH as intended in paragraph (1) g since the date of issuance.
(7) Recognition as IP-Horticulture Products as intended in paragraph (2) forwarded online to the Indonesia National Single Window (INSW) portal.
(8) In case of Horticulture Products import through the port that has not been connected with the Indonesia National Single Window (INSW), copies of recognition as IP-Horticulture Products is submitted manually to the relevant agencies."
5. Provisions of Article 9 shall be amended as follows:
"Article 9
(1) To obtain the determination as IT-Horticulture Products as intended in Article 5, company should file a written application to the Minister in this case Director General, by enclosing:
(2) The Director General on behalf of the Minister issued a determination as IT-Horticulture Products within 5 (five) working days after field examination is conducted by the Assessment Team to know the truth of the documents as intended in paragraph (1).
(2a) Examination as intended in paragraph (2) shall be conducted at the latest 3 (three) working days since received complete application.
(3) Assessment Team as intended in paragraph (2) consists of officials determined by the Director General.
(4) In case of result of the examination as intended in paragraph (2) is found incorrect data, the Director General reject to issue determination as IT-Horticulture Products.
(5) Determination as the IT-Horticulture Products as intended in paragraph (2) valid for 2 (two) years from the date of issuance.
(6) Determination as the IT-Horticulture Products as intended in paragraph (2) will be forwarded online to the Indonesia National Single Window (INSW) portal.
(7) In case of Horticulture Products imported through the port that has not been connected with the Indonesia National Single Window (INSW), a photocopy of the determination of the IT-Horticulture Products will be submitted manually to the relevant agencies."
6. Provisions of Article 14 paragraphs (1) and (2) shall be amended become as follows:
"Article 14
(1) Horticulture products imported by IT-Horticulture Products must meet the packaging requirements:
(2) Compliance packaging requirements as intended in paragraph (1) should be proved by :
(3) The packaging as intended in paragraph (1) excluded for Ornamental Products."
7. Provisions of Article 15 paragraph (1) shall be amended, so Article 15 is read as follows:
"Article 15
(1) Horticulture products imported by IT-Horticulture Products must include in Indonesian Language label on each product and/or packaging.
(2) Horticulture products as intended in paragraph (1), at the time of entering the territory of the Republic of Indonesia has been labeled in Indonesian Language and at least include:
(3) Inclusion of the label as intended in paragraph (2), at least use the clear and easy to understand Indonesian language.
(4) The use of other language, besides Indonesian Language, Arabic numbers, Latin letters are allowed if there is no counterpart."
8. Article 18 is demolished.
9. Article 19 is demolished.
10. Article 20 is demolished.
11. Provisions of Article 22 paragraph (2) shall be amended, so Article 22 is read as follows:
"Article 22
(1) Verification as intended in Article 21 paragraph (1) is conducted on the imported horticulture products, include the data or information of:
(2) The verification as intended in paragraph (1) is written the form of Surveyor Report (LS) to be used as a customs complementary document for customs settlement in the field of import.
(3) On the implementation of the verification or technical inquiry as intended in paragraph (1), the surveyor will collect fee for services from IT-Horticulture Products or IP-Horticulture Products such rates in accordance with cost-benefit principle."
12. Provisions of Article 24 shall be amended so read as follows:
"Article 24
(1) IP-Horticulture Products and IT-Horticulture Products shall submit a written report on the implementation of Horticulture Products import by attaching scan result of Import Realization Control Card already initialized and stamped by Customs and Excise officials.
(2) Report as intended in paragraph (1) shall be submitted every month through http://inatrade.kemendag.go.id at the latest 15 of ensuing month to the Director General with a copy to the Director General of Processing and Marketing of Agricultural Products, Ministry of Agriculture and Head of Drug and Food Controller Agency.
(3) Report form as intended in paragraph (1) is stated in Attachment II which is an integral part and this Ministerial Regulation.
(4) Actual Import Control Card as intended in paragraph (1) is a control card of quantity of Horticulture Products import realization."
13. Provision of Article 26 paragraph c shall be amended, so Article 26 is read as follows:
"Article 26
Recognition as an IP-Horticulture Products and determination as IT-Horticulture Products will be revoked if company:
14. Provisions of Article 30 shall be amended become as follows:
"Article 30
(1) Company that does not import Horticulture Products in accordance with the packaging and labeling provisions in this Ministerial Regulation subject to sanctions in accordance with the provisions of the legislation,
(2) Imported Fresh Horticulture Products, if:
(3) Ornamental Plants imported products, if not in accordance with the recognition as an IP-Horticulture Products and/or Import Approval will be conducted destruction pursuant to the statutory regulation.
(4) Processed Horticulture Products imported if:
(5) The cost of implementation of the destruction and re-export as intended in paragraph (2), paragraph (3), and paragraph (4) is the responsibility of the importer."
15. Provisions of Article 15 shall be amended as follows:
"Article 35
Technical guideline for the implementation of this Ministerial Regulation is determined by the Director General and/or Director General of Standardization and Consumer Protection in according to duties and functions."
16. Between Article 35 and Article 36 is inserted 2 (two) articles, called Article 35A and Article 35B, read as follows:
"Article 35A
Exception from provisions are governed in this Ministerial Regulation shall get approval from Minister by consider proposal from related technical agencies.
Article 35B
Recognition as IP-Horticulture Products, Determination as IT-Horticulture Products, and Import Approval as customs complementary document in the customs settlement in import shall effective 30 (thirty) days since enactment date of this Ministerial Regulation."
17. Between Article 36 and Article 37 is inserted 1 (one) article, called Article 36A, read as follows:
"Article 36A
(1) Provisions in this Ministerial Regulation shall not apply on the Horticulture Products are shipped from origin country before September 28, 2012.
(2) Imported Horticulture Products as intended in paragraph (1) shall be proven with Bill of Lading or Airway Bill and Invoice.
(3) Horticulture Products as intended in paragraph (1) should arrive in destination port at the latest on November 28, 2012 proven by customs documents in the form of manifest (BC 1.1)."
18. Attachment I of Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/6/2012 shall be amended become as listed in Attachment I that is an integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force on September 28, 2012.
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 September 21, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN