to Indonesian
a. that the Regulation of the Minister of Agriculture Number 08/Permentan/SR.140/2/2007 stipulated Terms and Procedures for Registration of Inorganic Fertilizer;
b. that in relation with the change in organization and work flow in the Ministry of Agriculture environment, development of science and technology, as well as to increase service and certainty in the giving the registration number of inorganic fertilizers, it is necessary to review Regulation of the Minister of Agriculture Number 08/Permentan/SR.140/2/2007;
c. that in relation with above considerations, it is necessary to stipulate the Terms and Procedures for Registration of Inorganic Fertilizer;
1. Law Number 12 of 1992 concerning Plant Cultivation System (Statute Book Number 46 of 1992, Supplement to Statute Book Number 3478);
2. Law Number 8 of 1999 concerning Consumer Protection (Statute Book Number 42 of 1999, Supplement to Statute Book Number 3821);
3. Law Number 32 of 2009 concerning the Environment Protection and Management (Statute Book Number 144 of 2009, Supplement to Statute Book Number 5063);
4. Government Regulation Number 102 of 2000 concerning National Standardization (Statute Book Number 199 of 2000, Supplement to Statute Book Number 4020);
5. Government Regulation Number 8 of 2001 concerning Plant Cultivation Fertilizer (Statute Book Number 14 of 2001, Supplement to Statute Book Number 4079);
6. Government Regulation Number 58 of 2001 concerning Development and Supervision of Consumer Protection (Statute Book Number 103 of 2001, Supplement to Statute Book Number 4126);
7. Government Regulation Number 49 of 2002 concerning Tariff on the Non Tax State Revenue who Applicable on the Ministry of Agriculture (Statute Book Number 92 of 2002, Supplement to Statute Book Number 4224) in conjunction with Government Regulation Number 7 of 2004 (Statute Book Number 14 of 2004, Supplement to Statute Book Number 4362);
8. Presidential Decree Number 84/M of 2009 concerning United Indonesia Cabinet II;
9. Presidential Decree Number 47 of 2009 concerning the Establishment and Organization of the State Ministries;
10. Presidential Regulation Number 24 of 2010 concerning Position, Task, and the Ministry of State Functions as well as Organizational Structure, Duties and Functions of Echelon I of State Ministries;
11. Regulation of the Minister of Agriculture Number 61/Permentan/OT.140/10/ 2010 concerning Organization and Work Flow of the Ministry of Agriculture;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING TERMS AND PROCEDURES FOR REGISTRATION OF INORGANIC FERTILIZER.
In this Regulation:
1. Fertilizer formula is compound contents from primary nutrient and/or micro nutrients and microbes.
2. Fertilizer formula engineering is a series of engineering activities in chemical, physical and/or biological to produce fertilizer formula.
3. Fertilizer inorganic is the fertilizer result of engineering process in chemical, physical and/or biological, and is the result of industrial or factory of fertilizer producer.
4. Quality testing is the analysis of the composition and nutrient content of inorganic fertilizers, which performed in the chemical laboratory based on specified analysis methods.
5. Effectiveness testing is testing of the benefits of the use of inorganic fertilizers on crop productivity and economic analysis.
6. Fertilizer formula certificate hereinafter called as certificate is explanation stating that engineering result fertilizer after tested, meet the quality and the effectiveness requirements of making it feasible to use on crops.
7. Recommendation letter is explanation stating effectiveness test results issued by the Effectiveness Testing Agency.
8. Registration is activities for the administration of the registration number so that the fertilizer formula has obtained a certificate can be produced and circulated.
9. Inorganic fertilizer quality standard is the composition of inorganic fertilizer and nutrient 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 for Inorganic Fertilizer.
10. Special formula is Inorganic Fertilizer formula ordered specially by the user by matching with the available nutrient levels in soils and plants needs are cultivated by user.
11. Packaging is the material used to wrap the solid inorganic fertilizer or liquid inorganic fertilizer.
12. Director General is the Director General of Agricultural Infrastructure and Structure.
13. Head of the Center is The Head of Center for Plant Variety Protection and Agriculture Licensing.
(1) This regulation is intended as a legal basis in the registration administration, including testing and licensing as well supervision of inorganic fertilizer.
(2) This Regulation aims to:
Scope of this regulation include the registration requirements, registration procedures, registration fee and testing, testing agencies, obligations of officials, agencies and the holder of the registration number, sanction provisions, other provisions, transitional provisions, and the closing provisions.
(1) Application for registration of inorganic fertilizers can be done by a legal entity or Indonesian legal entities to meet the requirements of registration as follows:
(2) Inorganic fertilizer registration as intended in paragraph (1) conducted by the owner of the formulation or its proxy.
(1) Inorganic fertilizer must be registered with different naming, which is the identity of any inorganic fertilizer formula will be circulated.
(2) Naming as intended in paragraph (1) may not be the same or nearly the same with the formula that has been registered on behalf of the other company.
(3) Naming as intended in paragraph (1) shall meet the following requirements:
Application for registration in addition to meet requirements as intended in Article 4, each formula produced by each owner must be registered in the name of one applicant.
(1) Producer and/or importer responsible for the quality and effectiveness of inorganic fertilizer products are registered, and must include a label at the fertilizer package.
(2) The label at the packaging as intended in paragraph (1) is written in Indonesian language that includes at least:
(3) All the information on packaging label and instructions for using must be included in Indonesian Language with words which are not agitate such as the words "awesome", "superb", "super", "strong", or "powerful" .
(4) Information on product labels must be printed clearly, easy to read or seen, easy to be understood and not easily be erased.
Quality and effectiveness of inorganic fertilizer products as intended in Article 7 must be based on of the results of the quality test and effectiveness test from Testing Agency who has been accredited or appointed by the Minister of Agriculture.
(1) Applicant file application for registration of inorganic fertilizer in writing by submit a written application to the Minister of Agriculture through the Head of Center by attaching administrative requirements as intended in Article 4, by using the format as listed in Attachment I as integral part of this Regulation.
(2) The Head of Center for a period of maximum 3 (three) working days has been completed to check the completeness of the administrative requirements as intended in Article 4 paragraph (1) and provide answers to accept or reject.
(1) Application is rejected as intended in Article 9 paragraph (2) if administrative requirements as intended in Article 4 paragraph (1) are incomplete or incorrect; the Head of Center notifies the applicant with the reasons for rejection in writing, by using model-1 form as listed in Attachment II as integral part of this Regulation.
(2) Application is approved as intended in Article 9 paragraph (2) if meet administrative requirements as intended in Article 4 paragraph (1), then the Head of Center submitted to the Director General in writing to do the technical process by using model-2 form as listed in Attachment III as an integral part of this Regulation.
(1) The Director General conducts the technical process as intended in Article 10 paragraph (2), within a period of at least 3 (three) working days to issue a letter to the applicant to conduct quality tests by using the model-3 form as listed in Attachment IV as an integral part of this Regulation.
(2) Quality testing as intended in paragraph (1) shall be conducted by an accredited Testing Agency or appointed by the Minister of Agriculture as listed in Attachment V as integral part of this Regulation.
(3) Testing Agency in conducting quality testing as intended in paragraph (2) following standard methods as listed in Attachment VI as integral part of this Regulation.
(4) The results of quality testing as intended in paragraph (3) by testing laboratories is submitted to the Director General through the applicant to do a technical assessment of quality testing results in accordance with the requirements of SNI or minimal technical requirements of inorganic fertilizers as listed in Attachment VII as an integral part of this Regulation.
(1) Inorganic fertilizer formula that has a certificate of Indonesia National Standard (SNI) is not performed quality testing as intended in Article 11.
(2) Inorganic fertilizer formula as intended in paragraph (1) must attaches SNI certificate to obtain a registration number.
(1) If the assessment result of quality testing of inorganic fertilizers as intended in Article 11 does not meet the requirements, the Director General shall notify the applicant in writing through the Head of Centre to apply for re-test the quality by using the model-4 form as listed in Attachment VIII as integral part of this Regulation.
(2) If the assessment result of quality testing of inorganic fertilizers as intended in paragraph (2) has met the requirements, the Director General issues a letter to the applicant to test the effectiveness by using the model-5 form as listed in Attachment IX as integral part of this Regulation.
(3) Effectiveness testing as intended in paragraph (2) is conducted by the Effectiveness Testing Agency appointed by the Minister of Agriculture as listed in Attachment X as integral part of this Regulation.
(4) Effectiveness Testing Agency in conducting effectiveness testing as intended in paragraph (3) follows the standard methods as listed in Attachment XI as integral part of this Regulation.
(5) Report of effectiveness testing result and recommendation of effectiveness testing by Effectiveness Testing Agency is submitted to the Director General to do a technical assessment in accordance with the Provisions to Pass Effectiveness Testing of Inorganic fertilizer as listed in Attachment XII as integral part of this Regulation.
(6) Effectiveness Testing Agency in preparing the report of effectiveness testing result as intended in paragraph (5) follows standard methods as listed in Attachment XIII as integral part of this Regulation.
(7) Effectiveness Testing Agency in compiling the recommendation of effectiveness testing result as intended in paragraph (5), follows standard methods as listed in Attachment XIV as integral part of this Regulation.
(8) The Director General at the latest within 10 (ten) working days already finishing the technical assessment of the effectiveness testing result as intended in paragraph (5).
(1) If the technical assessment of the effectiveness testing result has complied with the standard methods as intended in Article 12 shall be deemed to have accepted the application for registration, the Director General on behalf of the Minister of Agriculture at the latest within 14 (fourteen) working days issues registration number of inorganic fertilizers .
(2) Registration number of inorganic fertilizer as intended in paragraph (1) is given in the form of Decree of the Minister of Agriculture.
(3) If the technical assessment of the effectiveness testing result does not meet the requirements as intended in Article 12, application for registration shall be rejected and the Director General shall notify the applicant through the Head of Center by using the model-6 form as listed in Attachment XV as integral part of this Regulation.
(1) Registration Number of inorganic Fertilizer has issued Decree of the Minister of Agriculture as intended in Article 13 paragraph (2), is submitted to the applicant through the Head of Centre.
(2) The procedure for numbering of inorganic fertilizers as intended in paragraph (1) include the registration number, type of formula, form of formula and Year of Birth as listed in Attachment XVI as an integral part of this Regulation.
(1) The registration number as intended in Article 15 applies for a period of 5 (five) years, and may be extended 1 (once) for the next of 5 (five) years period.
(2) Inorganic fertilizer formula that has been registered can be registered again by following the provisions of Article 9 to Article 13 by equipped with:
(3) Re-registration as intended in paragraph (1) is made at least 30 (thirty) working days before the end of the registration number period.
(4) Re-registration of inorganic fertilizer formula also considering the results of evaluations of fertilizer monitoring carried out by the competent authority.
(1) If an application for re-registration as intended in Article 16 paragraph (3) is approved, at the latest within 90 (ninety) work days has been issued Decree of the Minister of Agriculture concerning the Registration and Permit of inorganic fertilizers.
(2) If within period of 90 (ninety) working days Decree of the Minister of Agriculture concerning the Registration and Permit of inorganic fertilizer as intended in paragraph (1) not yet issued, Director General on behalf of the Minister of Agriculture issued the Decision the Minister of Agriculture.
(3) If re-registration as intended in paragraph (1) is not made or rejected, the registration number and registration permit is ended in according to law.
(4) Expired number and the registration permit, if the re-registration of inorganic fertilizer is rejected, should be withdrawn from circulation no later than 6 (six) months.
(1) Changes relating to the inorganic fertilizers are registered, including changes of:
(2) The changes as intended in paragraph (1) may be approved if after an comparison quality testing and the result meet the requirements.
(3) The changes as intended in paragraph (1) shall be reported by the holder of registration number to the Director General through the Head of the Center to be recorded in registration number book and further processed of determination by the Director General.
The cost of inorganic fertilizer registration is Non Tax State Revenue (PNBP) shall be deposited into the State Treasury which value and procedure determined based on the provisions of effective regulation.
Owner of inorganic fertilizer registration number is burden all costs of testing which value and procedure determined by Testing Agency.
(1) Testing Agency appointed by the Minister of Agriculture as intended in Article 11 and Article 13 at least meet the following requirements:
(2) Verification of the feasibility of the Quality Testing Agency and Effectiveness Testing Agency as intended in paragraph (1) conducted by the Ministry of Agriculture through the Directorate General of Agricultural Infrastructure and Structure.
(1) Officer who serves the registration, quality testing officer and effectiveness testing officer required to maintain the truth and secrecy of inorganic fertilizer formula which by their nature need to be kept secret.
(2) Testing Agency shall ensure the confidentiality of inorganic fertilizer formulas that have been tested.
(3) The Director General shall conduct management book of registration number and note all mutations in either the subject or object of inorganic fertilizer registration.
(1) The owner of the registration number shall put all the information required on labels that are registered.
(2) The owner of the registration number shall report to the Director General of any changes to the registration number to be recorded in the registration number book and changes registration number letter.
Owner of the registration number must submit an annual report on procurement and distribution that includes the production and/or import, sale and purchase domestically and/or export every 6 (six) months to the Director General by using the format as listed in Attachment XVII as an integral part of this Regulation.
(1) The registration number may be transferred, because:
(2) Parties who received the transfer as new holder of registration number as intended in paragraph (1) must solve the problems between the former holder of the registration number with the new owner of the registration number in the form of letter of agreement, then reported to the Director General through the Head of Centre to be recorded in registration number book and proposed determination on the transfer.
To the testing agency and/or testing laboratory that proved not guarantee the confidentiality and the truth of result of testing has done, Director General will give a written warning and reported to the competent authority to be penalized in accordance with the provisions of regulations.
Registration officer serving registration does not guarantee the confidentiality of fertilizer formula is subject employee disciplinary sanctions in accordance with regulations.
The applicant is proven to distributes inorganic fertilizer which is in the process of registration, shall be liable to cancellation of the registration application to the investigation by the competent authority to obtain permanent legal force.
(1) The holder of the registration number is proven does not include all information required on the label as intended in Article 7 paragraph (2) and/or does not report any changes of the holder of a registration number shall be liable to revocation of the registration number.
(2) The holder of the registration number is proven does not guarantee the quality of inorganic fertilizers 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 inorganic fertilizer that is registered as intended in Article 24 for 2 (two) consecutive years shall be liable to revocation of the registration number.
(4) The holder of a registration number that does not report the changes as intended in Article 18 paragraph (3) shall be liable to revocation of the registration number.
(5) The holder of the registration number as intended in paragraph (1), paragraph (2), paragraph (3) and paragraph (4) shall withdrawal inorganic fertilizer from circulation no later than 3 (three) months from the issuance of Decree of the Director General concerning Revocation of Registration Number.
Inorganic fertilizer withdrawal from the distribution as intended in Article 29 paragraph (5) carried out by and at the expense of the owner of the registration number of inorganic fertilizer.
(1) Producer or owner of the registration number of inorganic fertilizers can serve the order with a special formula in appropriate physical form is registered and used directly by the customer.
(2) Special formula as intended in paragraph (1) is not required to be registered in accordance with this Regulation.
Inorganic fertilizer with a special formula as intended in Article 31 paragraph (1) prior to be used by the buyer must be reported to the Director General through the Director of the Fertilizer and Pesticides for monitoring and supervision with a copy to the Head of the Centre.
Inorganic fertilizer with a formula as intended in Article 31 is prohibited to be circulated and used for the public interest.
(1) Inorganic fertilizers are added to microbial agents, phytohormon, adhesives, ameliorant, and organic material must be registered by follows this Regulation.
(2) Quality testing and effectiveness testing for inorganic fertilizers as intended in paragraph (1) conducted by Testing Agency and assessed by the Technical Team of Registration Evaluation is formed by a separate decision.
(1) Inorganic fertilizer is registered when this Regulation comes into force, the registration number remains valid until the expiry of the registration number, than should be re-registered in accordance with the provisions of this Regulation.
(2) Applications for registration of inorganic fertilizer that is being or has been tested prior to this Regulation is stipulated should follow provisions of Regulation of the Minister of Agriculture Number 08/Permentan/SR.140/2/2007.
(3) Application for registration of inorganic fertilizer that has not been tested before the regulation is published will be processed according to the provisions of this Regulation.
With the enactment of this Regulation, the Regulation of the Minister of Agriculture Number 08/Permentan/SR.140/2/2007 concerning Conditions and Procedures for Registration of Inorganic Fertilizer, shall be revoked and declared null and void.
This Regulation shall come 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 August 9, 2011
MINISTER OF ARICULTURE OF THE REPUBLIC OF INDONESIA,
signed,
SUSWONO