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REGULATION OF THE MINISTER OF AGRICULTURE
No. 70/Permentan/SR.140/10/2011

CONCERNING
ORGANIC FERTILIZER, BIOLOGICAL FERTILIZER AND SOIL REPAIRER

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF AGRICULTURE,

Attachment

Considering:

a. that Regulation of the Minister of Agriculture No. 28/Permentan/SR.130/5/2009 had determined organic fertilizer, biological fertilizer and soil repairer;

b. that in order to protect the preservation of the environment, biodiversity, consumer/user, and provides business certainty for producers/entrepreneurs of organic fertilizer, biological fertilizer and soil repairer that are circulated in the territory of the Republic of Indonesia, it is necessary to meet standards of quality and effectiveness;

c. there is re-organization within the Ministry of Agriculture environment, development of science and technology and to increase service and certainty in the granting of registration number of organic fertilizer, biological fertilizer and soil repairer;

d. that based on the things mentioned above, it is necessary to review the Regulation of the Minister of Agriculture No. 28/Permentan/SR.130/5/2009;

In view of:

1. Law No. 12/1992 concerning Plant Cultivation System (Statute Book No. 46/1992, Supplement to Statute Book No. 3478);

2. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);

3. Law No. 32/2009 concerning the Protection and Environmental Management (Statute Book No. 144/2009, Supplement to Statute Book No. 5063);

4. Government Regulation No. 85/1999 concerning Amendment to Government Regulation No. 18/1999 concerning the Management of Hazardous and Toxic Materials Waste (Statute Book No. 190/1999, Supplement to Statute Book No. 3910);

5. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 199/2000, Supplement to Statute Book No. 4020);

6. Government Regulation No. 8/2001 concerning Fertilizer Plant Cultivation (Statute Book No. 14/2001, Supplement to Statue Book No. 4079);

7. Government Regulation No. 58/2001 concerning Development and Supervision of Consumer Protection (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);

8. Government Regulation No. 49/2002 concerning Tariff of Non-Tax State Revenues Applicable to the Ministry of Agriculture (Statute Book No. 92/2002, Supplement to Statute Book No. 4224) in conjunction with Government Regulation No. 7/2004 (Statute Book No. 14/2004, Supplement to Statute Book No. 4362);

9. Government Regulation No. 21/2005 concerning the Bio Safety of Genetically Engineered Products (Statute Book No. 44/2005, Supplement to Statute Book No. 4498);

10. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II;

11. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries;

12. Presidential Regulation No. 24/2010 concerning Position, Tasks, and Functions of the State Ministries as well as Organizational Structure, Duties and Functions of Echelon I of State Ministries;

13. Decree of the Minister of Agriculture No. 797/Kpts/TP.830/10/1984 concerning Plant Growth Medias are Entered into the Territory of the Republic of Indonesia;

14. Regulation of the Minister of Agriculture No. 58/Permentan/OT.140/8/2007 concerning the Implementation of the National Standardization System in the Field of Agriculture;

15. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/2010 concerning Organization and Administration of the Ministry of Agriculture;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING ORGANIC FERTILIZER, BIOLOGICAL FERTILIZER AND SOIL REPAIRER.

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Regulation the meaning of:

1. Organic fertilizer is a fertilizer derived from dead plants, animal waste and/or parts of animals and/or other organic wastes that have been through the process of engineering, solid or liquid, can be enriched with minerals and/or microbes, which is beneficial to increase nutrient content and soil organic material and improve soil physical, chemical, and biological characteristics.

2. Biological fertilizer is an active biological product consists of microbes that can improve the efficiency of fertilization, fertility, and soil health.

3. Soil repairer is synthetic and/or natural materials, organic and/or solid and/or liquid mineral that can improve soil physical, chemical and/or biological characteristics.

4. Organic fertilizers formula is composition of organic materials and mineral content of organic fertilizer.

5. Bio fertilizer formula is the composition of microbial/micro-fauna and material content of biological fertilizers.

6. Soil repairer formula is composition of synthetic and/or natural organic material, synthetic and/or natural mineral content of soil repairer.

7. Special formula is a formula of organic fertilizer, biological fertilizer formula, and/or soil repairer formula specially ordered by the user and not to be circulated freely.

8. Engineering organic fertilizer formula is a series of engineering activities, in chemistry, physical, and/or biology to produce organic fertilizer formula.

9. Engineering of biological fertilizer formula is a series of engineering activities of biological fertilizers, in chemistry, physical, and/or biology to produce biological fertilizer formula.

10. Soil repairer engineering formula is a series of engineering activities of soil repairer, in chemistry, physical, and/or biology to produce soil repairer formula.

11. Testing the quality of organic fertilizers is the analysis of nutrient content, heavy metals and pathogenic microbes contents in the laboratory in accordance with the specified quality requirements.

12. Biological fertilizer quality testing is the contents analysis of type, population and function of microbes/micro-fauna, and pathogenesis in the laboratory in accordance with the specified quality requirements.

13. Soil repairer quality testing is the analysis of the main ingredients and active ingredients and/or heavy metals content or other elements in the soil repairer conducted in the laboratory in accordance with the specified quality requirements.

14. Certificate of quality test results is written guarantee provided by accredited agency to declare that the product meets determined quality standards.

15. Certificate of quality is a written statement provided by the quality testing agency to declare that the product meets determined quality standards.

16. Quality standard is the parameter levels determined by the National Standardization Agency in the form of SNI, or determined by the Minister of Agriculture in the form of Minimum Technical Requirements.

17. Testing the effectiveness of organic fertilizer is activities of field testing or glass house to know the effect of organic fertilizer on the growth and/or productivity of crops, fertilizer efficiency, or increase soil fertility.

18. Testing the effectiveness of biological fertilizers is activities of field testing or glass house testing to determine the effect of biological fertilizer on the growth and crop productivity, the efficiency of fertilizer, improved soil fertility or soil health.

19. Testing the effectiveness of soil repairer is a laboratory test activities and/or glass house or field to determine the effect of soil repairer to repair the physical and/or chemical and/or biological of soil and plant productivity.

20. Minimum technical requirements of organic fertilizer, biological fertilizer and soil repairer is the required quality standard and specified in this Rule.

21. Organic fertilizer, biological fertilizer and/or soil repairer procurement is activities to procure organic fertilizer, biological fertilizer or soil repairer either from domestic production as well as from abroad.

22. Circulation is an activity or series of activities in the framework of the domestic distribution of organic fertilizer, biological fertilizer and/or soil repairer to be traded or not.

23. Usage is the utilization of organic fertilizer, biological fertilizer and/or soil repairer by the user.

24. Letter of Recommendation is statement based on effectiveness testing result conduct by Institute for Effectiveness Test.

25. Director General is the Director General of Agricultural Structure and Infrastructure.

26. Head of Center is Head of Plant Variety Protection and Agriculture Licensing Center.

Article 2

(1) This regulation is intended as a legal basis in the implementation of the procurement, registration, distribution, use, and control of organic fertilizer, biological fertilizer and/or soil repairer.

(2) The purpose of this regulation to protect the preservation of the environment, soil biodiversity, consumer/user and provides business certainty for producers/entrepreneurs of organic fertilizer, biological fertilizer and/or soil repairer.

Article 3

(1) The scope of this regulation include the procurement, registration requirements, registration procedures, registration fees and testing agency, testing agencies, distribution, use, control, obligation, fostering and sanctions.

(2) Organic Fertilizers for Organic Food System are not set in this regulation.

Article 4

(1) Organic fertilizer formula, biological fertilizer formula and/or soil repairer formula that will be produced and circulated for the need of the agricultural sector must meet quality standards, guaranteed its effectiveness, the packaging is labeled and registered to the Minister.

(2) The Minister, in giving the registration number as intended in paragraph (1) is implement by the Director General on behalf of the Minister.

CHAPTER II
PROCUREMENT

Article 5

(1) Procurement of organic fertilizer, biological fertilizer and/or soil repairer can be done through domestic production or import from abroad.

(2) Organic fertilizer, biological fertilizer and/or soil repairer as intended in paragraph (1) shall comply with the Indonesian National Standard (SNI) or the minimum technical requirements as well as its effectiveness is assured.

(3) Organic fertilizer, biological fertilizer and/or soil repairer originating from abroad as intended in paragraph (1) in addition to meet quality standards and guaranteed its effectiveness as intended in paragraph (2) must pass the test of environmental risks.

(4) Biological fertilizers containing transgenic microbes in addition to meet the quality standards and guaranteed its effectiveness as intended in paragraph (2) must follow the regulations in the field of biological safety of genetically engineered products.

(5) Procurement of organic fertilizer, biological fertilizer and/or soil repairer as intended in paragraph (1) conducted by business entities in the field of agricultural production facilities.

Article 6

(1) The business entities that will produce organic fertilizer, biological fertilizer and/or soil repairer must obtain permission from the Regent/Mayor.

(2) Regent/Mayor in giving the permit as intended in paragraph (1) should pay attention to the regulations in the field of industry.

Article 7

(1) Organic fertilizer, biological fertilizer, and/or soil repairer are produced as intended in Article 6 must be derived from the organic fertilizer formula, biological fertilizer formula and/or engineered soil repairer.

(2) Organic fertilizer formula, biological fertilizer formula, and/or soil repairer formula as intended in paragraph (1) must comply with quality standards and guaranteed its effectiveness as intended in Article 5 paragraph (2).

(3) Minimal technical requirements as intended in Article 5 paragraph (2) is listed in Attachment I as an integral part of this Regulation.

Article 8

(1) Importation of organic fertilizer, biological fertilizer and/or soil repairer from abroad into the territory of the Republic of Indonesia as intended in Article 5 paragraph (1) may be done by business entities in the field of agriculture after obtaining a permit in accordance with statutory regulations.

(2) Importation of organic fertilizer, biological fertilizer, and/or soil repairer as intended in paragraph (1) shall follow the provisions of regulation in the field of agricultural quarantine.

CHAPTER III
REGISTRATION REQUIREMENTS

Article 9

(1) To obtain a registration number as intended in Article 4, an application for registration for organic fertilizer formula, biological fertilizers formula, and/or soil repairer formula must accompanied by:

(2) Registration of organic fertilizer, biological fertilizer, and/or soil repairer as intended in paragraph (1) conducted by the owner of the formula or its proxies.

Article 10

Packaging label as intended in Article 4 paragraph (1) is written in Indonesian, at least contains:

Article 11

(1) Organic fertilizer, biological fertilizer, and/or soil repairer are registered should be given its own naming, which is the identity of any formula will be circulated.

(2) One organic fertilizer formula, biological fertilizer formula and/or soil repairer formula should not be listed by the applicant by using the same or nearly same formula trade name/brand with the other registered trade name/formula and only use one formula/brand name.

(3) Naming as intended in paragraph (1) shall meet the following requirements:

CHAPTER IV
REGISTRATION PROCEDURES

Part One
Application for Registration

Article 12

Application for registration of organic fertilizer, biological fertilizer and/or soil repairer submitted in writing to the Director General through the Head of Center by attaching administrative requirements as intended in Article 9 by using the model-1 form as contained in Attachment II as an integral part of this Regulation.

Article 13

(1) Head of Center for a period of maximum 3 (three) working days since received the application as intended in Article 12 must has completed the examination of the completeness of the requirements as intended in Article 9 and provide an answer for rejection or approval.

(2) Application is rejected as intended in paragraph (1) if there is still a shortage of requirements as intended in Article 9.

(3) Head of Center submits rejection in writing as intended in paragraph (2) to the applicant by stating the reason of rejection by using model-2 form as list in Attachment III as an integral part of this Regulation.

(4) Application is approved as intended in paragraph (1) if the requirements as intended in Article 9 have been completely and correctly.

(5) Then the Head of Center submit approved application as intended in paragraph (4) in writing to the Director General for application of technical process, by using model-3 form at Attachment IV as an integral part of this Regulation.

Part Two
Testing

Article 14

(1) Director General within a period of at least 3 (three) working days since received the application as intended in Article 13 paragraph (5), should already issued a letter to the applicant to conduct quality tests by using model-4 form as contained in Attachment V as an integral part of this Regulation.

(2) Quality Testing as intended in paragraph (1) is conducted by an accredited or appointed agency as contained in Attachment VI as an integral part of this Regulation.

(3) Testing Institute in conducting quality tests as intended ins paragraph (2) should follows standard methods as contained in Attachment VII as an integral part of this Regulation.

(4) The results of quality tests as intended in paragraph (3) by the Testing Laboratory is submitted to the Director General with a copy to the applicant, to do a technical assessment of quality test results in accordance with the requirements of SNI or Minimum Technical Requirements for Organic Fertilizer, Bio Fertilizer and/or Soil Repairer as contained in Attachment VIII as an integral part of this Regulation.

(5) Technical assessment as intended in paragraph (4) is made by the Director General within a period of 3 (three) working days.

Article 15

(1) For the organic fertilizer formula, biological fertilizer formula, and/or soil repairer formula that already have ISO certificate, no quality testing is carried out as intended in Article 14.

(2) Organic fertilizer formula, biological fertilizer formula, and/or soil repairer formula that already have ISO certificate as intended in paragraph (1) to obtain a registration number must attach the appropriate ISO certificate in according to regulations.

Article 16

(1) If the technical assessment of the quality test results as intended in Article 14 paragraph (5) does not meet the requirements, the Director General shall notify the applicant in writing through the Head of Centre with the reasons by using model-5 form as contained in Attachment IX as an integral part of this Regulation, then the applicant may apply for re-testing of quality.

(2) If the technical assessment of the quality test results as intended in Article 14 paragraph (5) meets the requirements, the Director General issued a letter to the applicant to carry out effectiveness testing by using model-6 form as contained in Attachment X as an integral part of this Regulation.

(3) Test the effectiveness as intended in paragraph (2) conducted by the Effectiveness Testing Agency as contained in Attachment XI as an integral part of this Regulation.

(4) Effectiveness Testing Agency as intended in paragraph (3) in testing the effectiveness shall follow standard methods as contained in Attachment XII as an integral part of this Regulation.

(5) Report of effectiveness testing result and recommendation of effectiveness testing is submitted to the Director General to do the technical assessment of the effectiveness testing results in accordance with the Effectiveness Testing Passing Grade Provisions of organic fertilizer, biological fertilizer and/or soil repairer as contained in Attachment XIII as an integral part with this Regulation.

(6) Effectiveness Testing Agency in preparation of effectiveness testing report as intended in paragraph (5) follows standard methods as contained in Attachment XIV as an integral part of this Regulation.

(7) Effectiveness Testing Agency in preparation of recommendation of effectiveness testing results as intended in paragraph (5), follows standard methods as contained in Attachment XV as an integral part of this Regulation.

(8) The Director General within a period of 10 (ten) working days will has finished technical assessment on the effectiveness testing result as intended in paragraph (5).

Part Three
Granting Registration Number

Article 17

(1) If technical assessment on the effectiveness testing result as intended in Article 16 paragraph (8) does not meet the requirements, the Director General shall notify the applicant in writing through the Head of Centre with the reasons by using the model-7 form as contained in Attachment XVI as an integral part this Regulation.

(2) If technical assessment on the effectiveness testing results as intended in Article 16 paragraph (8) meets the requirements, then the Director General on behalf of the Minister within a period of 14 (fourteen) working days, issue a registration number.

(3) The procedure for numbering of organic fertilizer, biological fertilizer and/or soil repairer include Registration Number, Type of Formula, Formula Form and Establishment Year as contained in Attachment XVII as an integral part of this Regulation.

(4) The registration number of organic fertilizer, biological fertilizer and/or soil repairer as intended in paragraph (2) is submitted to the applicant through the Head of the Centre.

Article 18

(1) The registration number as intended in Article 17 paragraph (2) valid for 5 (five) years period, and can be re-registered for the next 5 (five) years period.

(2) To odd re-registration (first, third, .... etc.) formula of organic fertilizer, biological fertilizer and/or soil repairer which have been registered conducted quality testing as intended in Article 14.

(3) To ever re-registration (second, fourth, .... etc.) formula of organic fertilizer, biological fertilizer and/or soil repairer which have been registered conducted quality testing and effectiveness testing as intended in Article 14 and Article 16.

(4) Odd re-registration as intended in paragraph (2) shall be made at least 30 (thirty) working days before the validity period expired date of registration number.

(5) Even re-registration as intended in paragraph (3) shall be made at least 180 (one hundred eighty) days before the permit period expired date.

Article 19

(1) Changes in trade names, packaging, and/or color of organic fertilizer, biological fertilizer and/or soil repairer can be done, and must be reported to the Director General through the Head of the Center to be recorded in registration number book and the establishment will be processed by the Director General.

(2) The changes as intended in paragraph (1) does not apply to changes in fertilizer formula.

(3) Change the formula of organic fertilizer, biological fertilizer and/or soil repairer as intended in paragraph (2) covering the composition, sources of raw materials, and/or form of fertilizer.

(4) The changes as intended in paragraph (2) can be performed after the re-test the quality and effectiveness.

CHAPTER V
REGISTRATION AND TESTING FEES

Article 20

The registration fee of organic fertilizer, biological fertilizer and soil repairer is Non Tax State Revenue (PNBP) to be paid into the State Treasury which the amount and procedure determined in accordance to regulations.

Article 21

(1) Fee of testing of organic fertilizer, biological fertilizer and soil repairer conducted by the Government Testing Agency constitutes as Non Tax State Revenue, must be paid into the State Treasury which the amount and procedure determined in accordance to regulation.

(2) Fee of testing of organic fertilizer, biological fertilizer and soil repairer conducted by private Testing Agency, amount and procedure set by the institution concerned.

CHAPTER VI
TEST AGENCY

Article 22

(1) Appointed Testing Agency as intended in Article 14 paragraph (2) and Article 16 paragraph (3) at least meet the following requirements:

(2) Verification the feasibility of the Quality Testing Agency and Effectiveness Test Agency as intended in paragraph (1) conducted by the Directorate General of Processing and Marketing of Agricultural Products.

CHAPTER VII
DISTRIBUTRION

Article 23

(1) Organic fertilizer, biological fertilizer and/or soil repairer already distributed must meet the standards of quality, guaranteed its effectiveness, labeled and listed in Article 4.

(2) The label as intended in paragraph (1) must be included in the placement of water-tight containers visible, clearly legible and not easily damaged.

CHAPTER VIII
USE

Article 24

(1) The type and use of organic fertilizer, biological fertilizer and/or soil repairer done by looking at productivity and environmental conservation.

(2) Type and procedures for the use of organic fertilizer, biological fertilizer and/or soil repairer as intended in paragraph (1) is regulated by separate Regulation.

(3) If the use of organic fertilizer, biological fertilizer and/or soil repairer proven negative impact on human health and/or function of the environment, registration number will be revoked.

CHAPTER IX
MONITORING

Article 25

(1) Monitoring of organic fertilizer, biological fertilizer and soil repairer fertilizer is conducted at the engineering level formula, procurement, distribution and use.

(2) Monitoring as intended in paragraph (1) carried out periodically every 6 (six) months.

Article 26

(1) Monitoring of organic fertilizer, biological fertilizer and/or soil repairer as intended in Article 25, by do the following:

(2) Monitoring of procurement, distribution and use of organic fertilizer, biological fertilizer and/or soil repairer as intended in paragraph (1) shall be integrated under the coordination of the Director General and Governor.

Article 27

(1) Monitoring in the engineering level as intended in Article 26 paragraph (1) a, carried out by fertilizer controller.

(2) Fertilizer controller as intended in paragraph (1) control the application of standard quality of organic fertilizer, biological fertilizer and/or soil repairer, implementation of quality and effectiveness testing as well as the use of registration numbers.

(3) Fertilizer controller as intended in paragraph (1) is a Government Employee in the Ministry of Agriculture environment who is appointed and dismissed by the Minister.

Article 28

(1) Monitoring the procurement, distribution and use as intended in Article 26 paragraph (1) b shall be conducted by fertilizer controller appointed by Regent/Mayor.

(2) Fertilizers inspector as intended in paragraph (1) is a government employee in agency who has responsibility in the implementation of basic task and function in the field of fostering and controlling on the procurement, distribution and use of organic fertilizer, biological fertilizer and/or soil repairer.

Article 29

Business entities that procure organic fertilizer, biological fertilizer and/or soil repairer, shall allow the fertilizer controller as intended in Article 27 and Article 28 to conduct fostering and control at its place of business.

Article 30

(1) Fertilizer supervisor as intended in Article 27 paragraph (1) and Article 28 paragraph (1) is authorized:

(2) In case of fertilizer controller has a strong suspicion that there has been fraud and/or damage to the organic fertilizer, biological fertilizer and/or soil repairer are distributed, fertilizer controller shall directly report to the Director General and/or the Governor to suspend the circulation of organic fertilizer, biological fertilizer and/or soil repairer on its territory no more than 30 (thirty) days since the testing quality.

(3) If the quality testing results as intended in paragraph (2) shows organic fertilizer, biological fertilizer and/or soil repairer are not in accordance with label or damaged, the fertilizer proposed controller proposes to the local Governor to withdraw organic fertilizer, biological fertilizer and/or soil repairer from circulation.

(4) The withdrawal and distribution of organic fertilizer, biological fertilizer and/or soil repairer conducted in accordance with regulations.

Article 31

Fertilizer controller as intended in Article 27 paragraph (1) and Article 28 paragraph (1) can be appointed as a Government Employee Investigator in accordance with regulations.

CHAPTER X
OBLIGATION OF OFFICIAL, AGENCY AND HOLDER OF REGISTRATION NUMBER

Article 32

(1) Official serves the registration, quality testing official and effectiveness testing official shall keep on the truth and confidentiality of formula of organic fertilizer, biological fertilizer and/or soil repairer which by their nature need to be kept secret.

(2) Testing agency must ensure the confidentiality of the formula of organic fertilizer, biological fertilizer and/or soil repairer have tested.

(3) The Director General shall conduct a management of registration number book and note all mutations in either the subject or the object of registration of organic fertilizer, biological fertilizer and/or soil repairer.

Article 33

(1) The holder of a registration number shall include all information required on the label and packaging that are registered.

(2) The holder of a registration number shall report to the Director General for any changes to the registration number to be recorded in the registration number book and changed registration number.

(3) The holder of a registration number must pay the registration fee of organic fertilizer, biological fertilizer or soil repairer that is Non Tax State Revenue (PNBP), and must be paid to the State Treasury in the amount determined under the provisions of the legislation.

Article 34

The holder of a registration number shall submit an annual report on procurement and distribution that includes the production and/or the importation, domestic trading or export every 6 (six) months to the Director General by using the format as contained in Attachment XVIII as an integral part this Regulation.

Article 35

(1) The registration number as intended in Article 17 may be transferred, for several reasons:

(2) Party who received transfer as intended in paragraph (1) shall complete the transfer of the registration number in the form of the agreement, then reported to the Director General to determine the transfer and shall be recorded in a registration number book.

Article 36

(1) The holder of the registration number of organic fertilizer, biological fertilizer and/or soil repairer shall be responsible for product quality, and must include a label on the packaging as intended in Article 33.

(2) The holder of a registration number shall report to the Director General of any changes to the registration number to be recorded in the registration number book and changed registration number.

CHAPTER XI
FOSTERING

Article 37

(1) Fostering is carried out to producers, importers and testing agencies.

(2) Fostering to the producers as intended in paragraph (1) includes the production process and quality of production is carried out periodically to produce products in accordance with quality standards.

(3) Fostering to the importers as intended in paragraph (1) includes any quality organic testing on every entry of organic fertilizer, biological fertilizer and/or soil repairer.

(4) Fostering to the quality and effectiveness testing agencies as intended in paragraph (1) for the fulfillment of the requirements as listed in Article 22.

(5) Fostering as intended in paragraph (1) conducted by the Directorate General.

CHAPTER XII
SANCTIONS PROVISION

Article 38

Testing agency and/or testing laboratory that proved not guarantee the truth and confidentiality of test results will be given a warning by the Director General and reported to the competent official to be penalized in accordance with the provisions of the regulation.

Article 39

Officer who serves the registration does not guarantee the confidentiality of the fertilizer formula data as intended in Article 37 shall be liable to discipline sanction on the employee in accordance to regulation.

Article 40

(1) The applicant who is proven distribute organic fertilizer, biological fertilizer and/or soil repairer are in the process of registration, shall be liable to cancellation of the registration application to the investigation by the authorized official until get permanent legal force.

(2) Sanctions for registration cancellation as intended in paragraph (1) shall be announced to the public.

Article 41

(1) The holder of the registration number shows does not include all information required on labels as intended in Article 33 and/or did not report any changes to the holder of a registration number shall be liable to revocation of the registration number.

(2) The holder of the registration number shown does not guarantee the quality of organic fertilizer, biological fertilizer and/or soil repairer are produced and/or distributed, be liable to revocation of the registration number.

(3) The holder of a registration number that does not produce and/or import organic fertilizer, biological fertilizer and/or soil repairer are registered and not make the report as intended in Article 34 for 2 (two) consecutive years shall be liable to revocation of the registration number.

(4) Revocation of the registration number as intended in paragraph (1), paragraph (2), paragraph (3) and paragraph (4) to the holder of the registration number, the producer and/or importer shall withdrawal organic fertilizer, biological fertilizer and/or soil repairer from circulation no later than 3 (three) months from the issuance of Ministerial Decree on the Revocation of the Registration Number.

Article 42

The withdrawal of organic fertilizer, biological fertilizer and/or soil repairer from distribution as intended in Article 41 paragraph (4) is made by and at the expense of the holder of the registration number, the producer and/or importers of organic fertilizer, biological fertilizer and/or soil repairer.

CHAPTER XIII
OTHER PROVISIONS

Article 43

(1) Producer or owner of the registration number of organic fertilizer, biological fertilizer and/or soil repairer can serve the order with a special formula in the form of physical according to the registered and used directly by the customer.

(2) Special formula as intended in paragraph (1) does not have to be registered in accordance with this Regulation.

Article 44

Organic fertilizer, biological fertilizer and/or soil repairer with a special formula as intended in Article 43 before it is used the customer must be reported to the Director General through the Director of the Fertilizer and Pesticide to get the monitoring and supervision with a copy to the Head of the Centre.

Article 45

Organic fertilizer, biological fertilizer and/or soil repairer as intended in Article 43 are prohibited to be circulated and used for the public need.

Article 46

(1) Organic fertilizer, biological fertilizer and/or soil repairer originating from abroad are prohibited to raw materials from industrial waste.

(2) Organic fertilizer, biological fertilizer and/or soil repairer can be derived from the domestic industry waste if it meets quality standards, guaranteed its effectiveness and must pass environment risk test.

CHAPTER XIV
TRANSITIONAL PROVISION

Article 47

(1) Organic fertilizer, biological fertilizer and soil repairer who have registered prior to the promulgation of this Regulation, still remain in force until the expiry of the registration number.

(2) Organic fertilizer, biological fertilizer and soil repairer when the promulgation of this Regulation is being or has been tested, will be processed its registration in accordance with this Regulation.

(3) Organic fertilizer, biological fertilizer and/or soil repairer when the promulgation of this Regulation is in the process of registration, but has not done the test applied in accordance with this Regulation.

CHAPTER XV
CLOSING PROVISION

Article 48

For the import of plant growth media in the form of soil and compost along not organic fertilizer, biological fertilizer and/or soil repairer, still remain in force Decree No. 797/Kpts/TP.830/10/1984.

Article 49

With the promulgation of this regulation, the Regulation of the Minister of Agriculture No. 28/Permentan/SR.130/5/2009 shall be revoked and declared null and void.

Article 50

This Regulation shall come into force on the date of promulgation.

For public cognizance, this Ministerial Regulation shall be stipulated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on October 25, 2011
MINISTER OF AGRICULTURE OF THE REPUBLIC OF INDONESIA,
signed,
SUSWONO