to Indonesian
a. that to follow up Article 88 of Law Number 13 of 2010 concerning Horticulture, it is stipulated Regulation of the Minister of Agriculture Number 03/Permentan/OT.140/1/2012 concerning Recommendation on the Import of Horticulture Products;
b. that by increasing of imported horticulture products and business entities requires on the readiness of service for import implementation, Regulation of the Minister of Agriculture Number 03/Permentan/OT.140/1/2012 not appropriate with the development;
c. that based on above considerations and to make smooth and good implementation service of imported horticulture product, it is necessary to review Regulation of the Minister of Agriculture Number 03/Permentan/OT.140/ 1/2012 concerning Recommendation on the Import of Horticulture Products;
1. Law Number 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book Number 56 of 1992, Supplement to Statute Book Number 3482);
2. Law Number 7 of 1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book Number 57 of 1994, Supplement to Statute Book Number 3564);
3. Law Number 7 of 1996 concerning Food (Statute Book Number 99 of 1996, Supplement to Statute Book Number 3656);
4. Law Number 32 of 2004 concerning Regional Government (Statute Book Number 125 of 2004, Supplement to Statute Book Number 4437);
5. Law Number 13 of 2010 concerning Horticulture (Statute Book Number 132 of 2010, Supplement to Statute Book Number 5170);
6. Government Regulation Number 38 of 2007 concerning Division of Administering among Government, Province Regional Government, and Regency/Municipality Regional Government (Statute Book Number 82 of 2007, Supplement to Statute Book Number 4737);
7. Presidential Decree Number 84/P of 2009 concerning Establishment of Unity Indonesia Cabinet II;
8. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of State Ministries;
9. Presidential Regulation Number 24 of 2010 concerning Position, Duties and Function of State Ministries as well as Organization Structure, Duties and Function of First Echelon of State Ministries;
10. Regulation of the Minister of Agriculture Number 61/Permentan/OT.140/10/ 2010 concerning Organization and Work Flow of Ministry of Agriculture;
11. Regulation of the Minister of Agriculture Number 88/Permentan/PP.340/12/2011 concerning Control on the Food Safety on the Entry and Removal of Fresh Food of Plantation Origin;
12. Regulation of the Minister of Agriculture No. 94/Permentan/OT.140/12/2011 concerning Entry and Removal Places for Carrier Media of Quarantine Animals Diseases and Quarantine Plants Disturbance Organism;
13. Regulation of the Minister of Trade Number 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products in conjunction with Regulation of the Minister of Trade Number 38/M-DAG/PER/6/2012;
14. Regulation of the Minister of Agriculture Number 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;
15. Regulation of the Minister of Agriculture Number 43/Permentan/OT.140/6/2012 concerning Plant Quarantine Action for the Entry of Fresh Bulbs Vegetables into Territory of the Republic of Indonesia;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING RECOMMENDATION ON THE IMPORT OF HORTICULTURE PRODUCTS
In this Regulation:
1. Import horticulture products is a series of activities to enter horticulture products from abroad into territory of the Republic of Indonesia.
2. Horticulture products are all fresh or processed results from horticulture plantation.
3. Recommendation to Import Horticulture products hereinafter called as RIPH is written statement that is given by Minister or appointed official to the company will import horticulture products into territory of the Republic of Indonesia.
4. Company is Indonesia citizen horticulture entrepreneur or business entity established based on Indonesian Law and domiciled in Indonesia that manage horticulture business in certain scale.
5. Horticulture business is all activities to produce products and/or give service in related with horticulture.
6. Centre of Plant Variety Protection and Agriculture Permit hereinafter abbreviated as PPVT-PP is working unit on the giving administrative permit function.
7. Producer Importer of Horticulture Products, hereinafter called IP-Horticulture Products is industrial company that use Horticulture Products as raw materials or auxiliary materials in its production process and not trade or transfer them to the other party.
8. Registered Importer of Horticulture Products, hereinafter called IT-Horticulture Products is company that import Horticulture Products for the need of business activities by trade and/or transfer them to the other party.
9. Import Approval is permit to import Horticulture Products.
10. Director General is Director General of Agriculture Products Processing and Marketing, Ministry of Agriculture.
11. Minister is minister who held government affairs in the field of agriculture.
This Regulation becomes basic legal in the giving service of RIPH, for company will import horticulture products.
Objective of this regulation is to give certainty in the giving RIPH service to the company that will import horticulture products and food safety guarantee of imported horticulture products.
Scope of this Regulation covers:
(1) Import horticulture products can be conducted by company after obtain import approval from Minister of Trade.
(2) Import approval as intended in paragraph (1) is issued by Minister of Trade after get RIPH from Minister of Agriculture.
(1) Issuance of RIPH as intended in Article 5 paragraph (2) in the implementation is delegated to the Director General.
(2) RIPH is issued in the form of Decree of the Minister of Agriculture that is signed by Director General on behalf of the Minister as listed in Attachment I as an integral part of this Regulation.
(3) RIPH shall contain at least:
(1) Issuance of RPIH should considering to:
(2) Availability of such kind horticulture products as intended in paragraph (1) c is conducted in according to national demand analysis.
(1) Horticulture products that can be given RIPH as listed in Attachment II as an integral part of this Regulation.
(2) Horticulture products for consumption food should fulfill food safety that is governed by separate Regulation.
First import of horticulture products into territory of the Republic of Indonesia can be conducted after Import Risk Analysis in according to quarantine regulation procedure.
(1) To obtain RIPH as intended in Article 6 company should fulfill administrative requirements covers:
a. administrative requirements for fresh horticulture products are as follows:
b. administrative requirements for horticulture products as raw materials of industry are as follows:
c. administrative requirements for processing Horticulture Products are:
(2) RIPH application for fresh products shall be accompanied with technical requirements as follows:
(1) To obtain RIPH as intended in Article 6 company shall file written and/or online application to the Director General through Head of PPVT-PP in according to format-1, format-2, and format-3 as listed in Attachment III as an integral part of this Regulation.
(2) Head of PPVT-PP after received application as intended in paragraph (1) within 3 (three) working days period shall finish checking completeness of documents, and give the answer for approval or rejection.
(1) Rejected application as intended in Article 11 paragraph (2) if from document checking there is any required document is not submitted or document is wrong.
(2) Rejection as intended in paragraph (1) is submitted to the applicant by Head of PPVT-PP in written with the reason of rejection in according to format-1 as listed in Attachment IV as an integral part of this Regulation.
(1) Application is approved as intended in Article 11 paragraph (2) if from documents checking already complete and right.
(2) Complete and right application as intended in paragraph (1) is submitted by Head of PPVT-PP to the Director General in according to format-2 as listed in Attachment IV as an integral part of this Regulation.
(3) Director General after received application as intended in paragraph (2) within 7 (seven) working days period shall finish checking complete and right technical requirements as intended in Article 10 paragraph (2) and gives answer for approval or rejection.
(1) Rejected application as intended in Article 13 paragraph (3) if from result of technical requirement checking there is any document is not accompanied or wrong.
(2) Rejection as intended in paragraph (1) is submitted by the Director General to the applicant through Head of PPVT-PP in written with the reason of rejection in according with format-3 as listed in Attachment IV as an integral part of this Regulation.
(3) Head of PPVT-PP after received rejection from Director General as intended in paragraph (2) submits to the applicant in according to format-4 as listed in Attachment IV as an integral part of this Regulation.
(1) Application is approved as intended in Article 13 if from result of technical requirements checking already complete and right.
(2) Complete and right application as intended in paragraph (1), Director General may ask inputs to the Team to get suggestion and consideration to issue RIPH.
(3) Team within 7 (seven) working days period already gives suggestion and consideration to the Director General.
(4) Team in giving suggestion and consideration as intended in paragraph (3) should pay attention to the provision as intended in Article 7.
(1) After technical requirements are complete and right as well as in according with provisions in Article 7, Director General issues RIPH.
(2) RIPH as intended in paragraph (1) by Director General is submitted to the applicant through Head of PPVT-PP.
(3) RIPH as intended in paragraph (2) can be given for the latest of 4 (four) months period.
(1) Team members as intended in Article 15 paragraph (2) are from elements of Coordination Ministry of Economics Affairs, Ministry of Agriculture, Ministry of Trade, Ministry of Industry, National Development Planner Board, Statistical Center Board, Drug and Food Controller Agency, and other related Agency/Institution.
(2) Establishment of membership and task of Team as intended in paragraph (1) are determined by Decree of the Minister of Agriculture.
Company already obtained RIPH as intended in Article 16 at the latest within 10 (ten) days period after issuance of RIPH should apply for Import Approval to the Minister of Trade.
(1) Company already obtained import approval from Minister of Trade should import horticulture products through entry place that is stipulated in RIPH.
(2) Company already import as intended in paragraph (1) within period of 7 (seven) working days should submit import realization report to the Director General with copies to the Head of Plant Quarantine Agency and Head of PPVT-PP.
Surveillance to the import of fresh horticulture products as consumption and raw material of industry in the entry place conducted by Plant Quarantine Official.
(1) Surveillance as intended in Article 22 conducted by checking horticulture products import documents.
(2) Surveillance as intended in paragraph (1) is conducted together with implementation of plant quarantine action.
(3) Documents checking as intended in paragraph (1) is conducted to check completeness, legality, and right of documents contents.
Checking completeness of import documents as intended in Article 21 paragraph (3), covers RIPH and Import Approval.
Checking legality of import documents as intended in Article 21 paragraph (3), covers:
Checking right as intended in Article 21 paragraph (3) covers:
In case from documents checking as intended in Article 22 found:
If within 14 (fourteen) working days as intended in Article 25 paragraph a, not submit RIPH and Import Approval, will be taken Rejection action.
In case quantity of horticulture products more than quantity that is listed in RIPH and Import Approval, exceeding quantity will be taken Rejection action.
(1) Horticulture products are rejected as intended in Article 25 paragraph b, Article 26 and/or Article 27 directly should be brought to outside of territory of the Republic of Indonesia.
(2) If within 14 (fourteen) working days since rejection date, horticulture products owner or its attorney not export horticulture products from territory of the Republic of Indonesia, they will be destroyed.
(3) For horticulture products are destroyed as intended in paragraph (1), the owner or its attorney cannot get compensation.
(1) Implementation of destroying as intended in Article 28 by issues Warrant of Destroying.
(2) Cost is required in the implementation of destroying become responsibility of the owner or its attorney.
Company does not apply for Import Approval as intended in Article 18 will be considered to obtain next RIPH.
(1) Company already obtain Import Approval and not submit realization report as intended in Article 19 paragraph (2) will be subject to administrative sanction in the form of:
(2) Administrative sanction as intended in paragraph (1) is proposed by Minister of Agriculture to the Minister of Trade.
(1) Provisions in this Ministerial Regulation shall not apply to the import of horticulture product that is shipped from origin country before September 28, 2012.
(2) Horticulture products as intended in paragraph (1) shall enter to the territory of the Republic of Indonesia at the latest on November 28, 2012.
(3) The import of horticulture products as intended in paragraph (1) shall be proven by Bill of Lading or Airway Bill and Invoice.
Exception of this regulation for passenger luggage goods or airplane and ship, country border crosser for self consumed and the quantity not exceed 10 (ten) kilogram per person.
When this Ministerial Regulation comes into force, Regulation of the Minister of Agriculture No. 03/Permentan/OT.140/1/2012 concerning Recommendation on the Import of Horticulture Products shall be revoked and declared null and void.
This Regulation shall come into force since September 28, 2012.
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 September 24, 2012
MINISTER OF AGRICULTURE,
signed,
SUSWONO