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MINISTERIAL REGULATION OF AGRICULTURE
No. 34/PERMENTAN/OT.140/7/2006
CONCERNING
THE REQUIREMENTS AND PROCEDURES FOR DETERMINING ANIMAL QUARANTINE INSTALLATION
MINISTER OF AGRICULTURE,
Considering :
- a. that in order to accelerate the implementation of animal quarantining, a building including the equipments and land and also the supporting facilities owned by other party can be determined as the animal quarantine installation;
- b. that according to the things above and as a continuation of Article 80 paragraph (4), Article 81 paragraph (2) and (3), Article 82 paragraph (2), Article 83 paragraph (2), Article 84 paragraph (2), and Article 85 paragraph (4) of Government Regulation No. 82/2000 concerning Animal Quarantine, it is necessary to enforce the requirements and procedures for determining animal quarantine installation;
Referencing :
- 1. Act No. 6/1967 concerning the Main Procedures of Farms and Animal Health (Government Gazette year 1967 No. 10, Addition to Government Gazette No. 2824);
- 2. Act No. 16/1992 concerning Animal, Fish, and Plant Quarantines (Government Gazette year 1992 No. 56; Addition to Government Gazette No. 3482);
- 3. Government Regulation No. 82/2000 concerning Animal Quarantine (Government Gazette year 2000 No. 161, Addition to Government Gazette No. 4002);
- 4. Presidential Decree No. 187/M/2004 concerning the establishment of the United Indonesia Cabinet;
- 5. Presidential Regulation No. 9/2005 concerning Organization and work-order in Indonesian State Ministries in connection with Presidential Regulation No. 62/2005;
- 6. Presidential Regulation No. 10/2005 concerning Organizational Unit and the Tasks of Echelon I in Indonesian State Ministries;
- 7. Ministerial Decree of Agriculture No. 422/KPTS/LB.720/6/1988 concerning the Regulation of Animal Quarantine, in connection with Ministerial Decree of Agriculture No. 471/Kpts/LB.720/8/2001;
- 8. Ministerial Decree of Agriculture No. 206/KPTS/TN.530/3/2003 concerning the Classification of Sorts of Quarantined Animal Diseases and the Classification of Carrier media;
- 9. Ministerial Decree of Agriculture No. 159/KPTS/OT.220/3/2004 concerning Technical-Functional Relations Order of Assessment, Control, and Treatment of Quarantined Animal Diseases;
- 10. Ministerial Regulation of Agriculture No. 299/KPTS/OT.140/7/2005 concerning Organization and Work-Order in the Ministry of Agriculture;
- 11. Ministerial Regulation of Agriculture No. 341/KPTS/OT.140/9/2005 concerning the fulfillment of Organization and Work-Order in the Ministry of Agriculture;
HAS DECIDED :
To Stipulate :
MINISTERIAL REGULATION OF AGRICULTURE CONCERNING THE REQUIREMENTS AND PROCEDURES FOR DETERMINING ANIMAL QUARANTINE INSTALLATION.
CHAPTER I
GENERAL CONDITIONS
Article 1
In this Regulation the meaning of:
- 1. Animal Quarantine Installation which is henceforth called Quarantine Installation is a building including the equipments and land and also the supporting facilities needed as a place to conduct quarantining.
- 2. Permanent Quarantine Installation is an installation established by government or other party which is permanent use.
- 3. Temporary Quarantine Installation is an installation established by government or other party which is only one or more times use for in-stages delivery.
- 4. Maximum Safety Quarantine Installation is an installation established by government or other party used for performing quarantining towards the susceptible carrier media from country, area, or location which is still infected by quarantined animal diseases, for the sake of national interests.
- 5. Post Import Quarantine Installation is an installation established by government or other party used for performing quarantining which needs a long time on the carrier media whose detection cannot be performed yet and must wait the development and/or the growing of carrier media.
- 6. The Exporting Country/Country of Origin Quarantine Installation or Transit Country Quarantine Installation is an installation established by other party, both government and private company of exporting country or transit country which is used to perform quarantining to animals or animal products which is going to import to Indonesian territory.
- 7. Animal Quarantining, which is henceforth called Quarantining, is an activity to prevent quarantined animal diseases from entering into and spreading over Indonesian territory.
- 8. Import location and Export Location are seaports, River-lake Ports, Crossing Ports, Airports, Post Offices, Border Posts, and other locations specified as locations for importing and/or exporting the carrier media.
- 9. Import is an activity to import the carrier media from outside into inside of the Indonesian territory or to another area within the territory of Indonesia.
- 10. Export is an activity to export the carrier media outside of Indonesian territory or from an area to another one within the Indonesian territory.
- 11. Quarantine Installation Location outside Import Location or Export Location which is henceforth called installation location is a location within an administrative area which is the responsibility and authority of local government.
- 12. Other party is individual or corporate which is a legal entity or which does not possess a building along with the equipment and land and also the supporting facilities, which can be proposed to be determined as quarantine installation.
- 13. Animal Quarantine Official which is henceforth called Quarantine Official is a specific public servant authorized to perform quarantining.
- 14. Quarantine Animal Veterinarian is a veterinarian appointed by Minister to perform quarantining.
- 15. Animal Quarantine Paramedical which is henceforth called Quarantine Paramedical is a technical official appointed by Minister to support the performance of quarantining.
Article 2
(1) This Regulation is aimed at as a reference in determining quarantine installation service.
(2) This regulation is aimed at the appropriateness in determining quarantine installation in accordance with the requirements and technical worthiness based on the purpose.
Article 3
The scope of this Regulation covers up the Quarantine Installation Requirements, Procedure in determining Quarantine Installation, the obligations of Quarantine Installation’s owner, Managing and Controlling, and the Invalidation procedure of Quarantine Installation.
Article 4
(1) A building along with the equipments and land and also supporting facilities owned by other party can be proposed to be determined as quarantine installation.
(2) The quarantine installation determination as mentioned in paragraph (1) is performed by Head of Indonesian Agriculture Quarantine Agency.
CHAPTER II
QUARANTINE INSTALLATION REQUIREMENTS
Article 5
(1) The building along with the equipments and land and also supporting facilities owned by other party as mentioned in Article 4 paragraph (1) is determined as quarantine installation, if fulfilled the requirements as follows:
- a. In accordance with General Plan of Layout Chart;
- b. Possessing Disturbance License;
- c. Not in dispute status;
- d. Having accomplished the requirements of Environmental Impact Analysts; and
- e. Possessing installation recommendation from regency/city’s service which deals with animal/veterinary health;
(2) For Jakarta the Special Area and Capital City, recommendation as mentioned in paragraph (1) letter e is given by Head of Provincial Service who deals with animal/veterinary health.
(3) Recommendation as mentioned in paragraph (1) letter e explains the building’s location approval along with the equipments and land and also the supporting facilities owned by other party to be determined as quarantine installation and the copies are to local Head of Provincial Service who deals with animal/veterinary health, except Jakarta the Special Area and Capital City.
Article 6
(1) The building along with the equipments and land and also the supporting facilities owned by other party, aside from fulfilling the requirements as mentioned in Article 5, also must accomplish technical worthiness requirements to perform animal quarantining, among other things are:
- a. Location purposed to as quarantine installation must pass through risk analyst consideration;
- b. Facilities are in accordance with the purpose;
- c. Strong and tight fenced surroundings;
- d. Location must be adjusted to the amount capacity;
- e. Passable by four-wheel or more-wheel vehicles;
- f. Possessing sufficient cesspool processing;
- g. Possessing communication tools and electric lights;
- h. Possessing sufficient and good-quality water source; and
- i. The location is free of flood and possessing good drainage.
(2) Risk analyst consideration as mentioned in paragraph (1) letter a is based among others on:
- a. Situation map of quarantined animal diseases of exporting country, area of origin;
- b. The distance between ports/airports and quarantine installation location;
- c. Transportation safety system;
- d. Situation of quarantined animal diseases in quarantine installation;
- e. Risks carried by carrier media;
- f. The distance between susceptible population and the location proposed as quarantine installation;
- g. The distance between captivities; and
- h. Epidemiology of animal diseases;
(3) The facilities as mentioned in paragraph (1) letter b are used among others for assessment, seclusion, observation, treatment, restraint, and elimination purposes.
(4) The completeness of facilities as mentioned in paragraph (3) is adjusted to technical requirements of quarantining to carrier media which is going to traffic across countries and/or areas within Indonesian territory.
Article 7
Quarantine installation as mentioned in Article 4 paragraph (1) consists of quarantine installation for animals or animal products.
Article 8
(1) Quarantine installation for media in form of animals as mentioned in Article 7, aside from accomplishing the worthiness requirements as mentioned in Article 6 also must accomplish:
- a. Construction and supporting facilities made of strong materials, not corrosive, and easy to clean/sterilize;
- b. The location is not near to public farms/husbandry center nor farms/husbandry company;
- c. The floor must be strong and consider the declivity;
- d. Having healthy air circulation;
- e. The roof of the building are made of asbestos, roof-tile or such those things;
- f. Captivity building construction must consider animal safety;
- g. Safe from environmental disturbance causes depression; and
- h. Before and after use, quarantine installation must be sterilized.
(2) Quarantine installation as mentioned in paragraph (1) must consider the animal welfare principle, as the accomplishment of physical basic needs, animal psychological and the environmental safe and secure, free of pains, fears, and depressions.
Article 9
Quarantine installation of carrier media in the form of animals as mentioned in Article 7, aside from accomplishing the technical worthiness requirements as mentioned in Article 6, also must accomplish the requirements:
- a. Organoleptic sampling place is available;
- b. Construction and other supporting facilities are made of strong materials, not corrosive, and easy to clean/sterilize;
- c. Before and after use, quarantine installation must be sterilized.
Article 10
Quarantine installation for carrier media in the form of animals for human consumption must guarantee the products inside, not change the physic, quality, and also consider the aspects of food safety and the halal (Arabic for "allowed, permitted, rightful") condition;
Article 11
In the realization of quarantining, the quarantine installation's owner must provide:
- a. the diagnostic materials and equipments;
- b. veterinarian and veterinary paramedic; and
- c. The responsible officials on physical safety of carried media and also the administration of quarantine installation activities.
Article 12
The further procedure of technical requirements of quarantine installation towards various types of carrier media as mentioned in Article 7 which are going to traffic across countries and/or areas within Indonesian territory is determined by Head of Agriculture Quarantine Agency.
CHAPTER III
THE PROCEDURE OF QUARANTINE INSTALLATION DETERMINATION
Article 13
(1) Other party owned a building along with the equipments and land and also the supporting facilities submits written Determination Application of Quarantine Installation to Head of Agriculture Quarantine Agency with copies to local Head of Animal Quarantine UPT.
(2) The application as mentioned in paragraph (1) must consist of among others, the applicant’s data, address, location, capacity, type of carrier media, country/area of origin and the purpose.
(3) The Determination Application of Quarantine Installation as mentioned in paragraph (1) must enclose the requirements as mentioned in Article 5 paragraph (1).
(4) Head of Agriculture Quarantine Agency after receives the application as mentioned in paragraph (1) delegates the Evaluator Team to perform requirement evaluation and technical worthiness.
(5) Head of Quarantine Agency after receives the result of the evaluation as mentioned in paragraph (4) maximum within seven (7) days submits reply of acceptance or refusal.
(6) The evaluator Team as mentioned in paragraph (4) is established by Head of Agriculture Quarantine Agency.
Article 14
(1) A building along with the equipments and land and also the supporting facilities owned by other party whose application is accepted as mentioned in Article 13 paragraph (5) will be determined as quarantine installation.
(2) Quarantine installation determination as mentioned in paragraph (1) can be in the form of the determination as permanent, temporary, maximum safety, Post-Import, Exporting country, or transit quarantine installations.
(3) The determination as quarantine installations, as mentioned in paragraph (2) is given in the form of Head’s Decision of Agriculture Quarantine Agency by stating the purposes and the validity time.
CHAPTER IV
THE OBLIGATIONS OF QUARANTINE INSTALLATION'S OWNER
Article 15
The owner or the person in charge of quarantine installation must:
- a. Protect the things in the requirements and technical worthiness as mentioned in Article 5, Article 6, Article 8, Article 9, Article 11, and technical requirements of quarantine installation from various types of carrier media as mentioned in Article 12;
- b. Empty the quarantine installation during out of use and not perform quarantining;
- c. Deliver the report of quarantine installation use at least one (1) time within six (6) months to the Head of Agriculture Quarantine Agency via local Head of Animal Quarantine Technical Implementation Unit.
CHAPTER V
FOUNDING AND CONTROLLING OVER QUARANTINE INSTALLATION
Article 16
A building along with the equipments and land and also the supporting facilities owned by other party which has already been determined as quarantine installation as mentioned in Article 14 is performed the founding and controlling by local Animal Quarantine Official.
Article 17
The Animal Quarantine Official as mentioned in Article 16 is competent to perform animal quarantining in quarantine installations as mentioned in Article 14.
Article 18
(1) A building along with the equipments and land and also the supporting facilities owned by other party determined as quarantine installation as mentioned in Article 14 is conducted evaluation over the requirements, technical worthiness, and the purpose by Animal Quarantine Official regularly at least one (1) time within six (6) months or occasionally.
(2) In case of according to the evaluation result as mentioned in paragraph (1) is proven the quarantine installation has not accomplished the requirements, technical worthiness, and also not in accordance with the purpose as mentioned in Article 14, to the owner is given notification to perform correction.
(3) In case of such notification as mentioned in paragraph (2) is not fulfilled, local Animal Quarantine Official can propose the invalidation of the quarantine installation determination to the Head of Agriculture Quarantine Installation via local Head of Animal Quarantine Technical Implementation Unit.
Article 19
Further procedure of the determination and authorization of Animal Quarantine Official as mentioned in Article 16, Article 17, and the implementation of founding and controlling as mentioned in Article 18 is determined by Head of Agriculture Quarantine Agency.
CHAPTER VI
THE EXPIRATION OF QUARANTINE INSTALLATION DETERMINATION
Article 20
(1) The determination of quarantine installation as mentioned in Article 14 is ended up, if:
- a. Invalidated as mentioned in Article 18 paragraph (3);
- b. Time limit of owner’s or man in charge’s application is over; or
- c. Time limit of determination is over and not expanded.
(2) The expiration of quarantine installation determination as mentioned in paragraph (1) is determined by Head of Agriculture Quarantine Agency’s Decision.
CHAPTER VII
SUBSTITUTIVE CONDITIONS
Article 21
(1) Quarantine installation owned by other party which has been determined before the effectiveness of this regulation still takes in effect.
(2) The validity period of quarantine installation owned by other party as mentioned in paragraph (1) is adjusted to not more than two (2) years since the approval of this regulation.
CHAPTER VIII
CLOSING CONDITIONS
Article 22
This regulation takes in effect since the date of approval.
Approved in Jakarta
On 30 May 2006
MINISTER OF AGRICULTURE
Signed
ANTON APRIYANTONO
The COPIES of this Regulation are submitted to Dear:
1. Minister of Economic Coordinator;
2. Minister of Foreign Affairs;
3. Minister of Domestic Affairs;
4. Minister of Finance;
5. Minister of Transportation;
6. Minister of Law and Human Rights;
7. Minister of Sea and Fishery;
8. Minister of Forestry;
9. Minister of Commerce;
10. Minister of Health;
11. Chief of Indonesian Police Department;
12. Indonesian Attorney General;
13. Head of Financial Auditory Board;
14. Head of Financial and Development Supervisory Board;
15. Head of Indonesian Intelligence Agency;
16. Director General of Customs and Duty, Ministry of Finance;
17. The officials of Echelon I in the Ministry of Agriculture;
18. The Governors all over Indonesia; and
19. Regents/Mayors all over Indonesia.