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REGULATION OF THE MINISTER OF AGRICULTURE
No. 64/Permentan/OT.140/12/2006

CONCERNING
IMPORTING AND SUPERVISION OVER CARCASS, MEAT AND INNARDS

WITH ALMIGHTY GOD'S BLESS
MINISTER OF AGRICULTURE,

Considering :

In view of :

To pay attention to :

HAS DECIDED:

To determine :

MINISTERIAL REGULATION OF AGRICULTURE CONCERNING IMPORTING AND CONTROLLING OVER DISTRIBUTION OF FOREIGN CARCASSES, MEATS, AND INNARDS.

CHAPTER I
GENERAL REGULATION

Article 1

In this regulation, the meaning of:

Article 2

(1) This Regulation is meant to be as follows:

(2) This Regulation is aimed at avoiding the possibility of PQAD and/or MCAD entering, and also ensuring the public confidence towards the import of carcasses, meats, and innards into Indonesian territory.

Article 3

The scope of import organizing for carcasses, meats, and innards, covers:

Article 4

(1) Carcasses, meats, and innards imports can be done by individual or corporate after the acceptance of SPP from Minister.

(2) The deliverance of SPP as mentioned above means that the Minister authorizes to Director General of Farms/Animal Husbandry.

CHAPTER II
SORTS OF CARCASSES, MEATS, AND INNARDS

Article 5

(1) Sorts of carcasses, meats, fancy meats, and innards from large ruminant animals imported from foreign countries into Indonesian territory, which can be approved its import license, as mentioned in Appendix I of this Regulation.

(2) Sorts of small ruminant meats, sorts of pork, sorts of poultry meats, which can be approved the import license into Indonesian territory, as mentioned in Appendix II of this Regulation;

(3) Sorts of imported processed meats, which can be approved the import license into Indonesian territory as mentioned in Appendix III of this Regulation;

(4) Sorts of carcasses, meats, fancy meats, and innards, small ruminant meats, sorts of pork, sorts of poultry meats, and processed meats as mentioned in clauses (1), (2), and (3), can be approved the import license, after risk assessment by a Team.

CHAPTER III
REQUIREMENTS FOR IMPORTING CARCASSES, MEATS, AND INNARDS FROM FOREIGN COUNTRIES

Part One
Requirements for Importer

Article 6

(1) Individual or corporate must fulfill the requirements to be able to import carcasses, meats, and innards from foreign countries, as follow:

(2) Individual or corporate aside from the obligation to fulfill the requirements as mentioned in clause (1), also must avoid the possibility of the enter and the spread of PQAD and/or MCAD, and also zoonosis which can be infected, and shares the responsibilities towards health and the public confidence.

Part Two
Requirements for Exporter and Zone of Origin

Article 7

(1) A country can be determined as the exporter of carcasses, meats, and innards to Indonesian territory, by Director General of Animal Husbandry, after technical assessment by Team.

(2) In approving the technical assessment as mentioned in clause (1), is in accordance with animal health assessment, Veterinary health assessment, and animal quarantine assessment.

(3) The assessment as mentioned in clause (2) is conducted by using assessment criteria, as follows:

Article 8

(1) Original country or Exporter of ruminant carcasses, meats, and innards, must fulfill PQAD and/or MCAD status, which consist of as follows:

(2) For boneless beef with certain requirements can be granted the import license in case of coming from the zones which the risk towards BSE is negligible (negligible BSE risk), or controlled (Controlled BSE risk).

(3) Boneless beef aside from fulfilling the certain requirements as mentioned in clause (2), also must fulfill the requirements as follows:

(4) The imports of large ruminants aside from the obligation to fulfill the requirements as mentioned in clause (1), also must come from the registered farms and under authorized animal health official's surveillance in exporter's country, and also free of Anthrax, Tuberculosis, Para-tuberculosis, Brucellosis, Bluetongue, and Blackleg.

(5) Concerning certain requirements as mentioned in clause (2) will be further determined by Director General of Animal Husbandry/Farms.

Article 9

(1) The imports of small ruminants (of deer, goats, and sheep), besides must fulfill the requirements as mentioned in Article 7 clause (1), also must come from a country free of Scrapie, Sheep Pox, Goat Pox, and Peste des Petits Ruminants.

(2) The imports of small ruminants, as mentioned in clause (1), must come from the registered farms and under authorized animal health official's surveillance in the exporting country, and also free of Anthrax, Tuberculosis, Para-tuberculosis, Brucellosis, Bluetongue, and Blackleg.

Article 10

(1) Country of origin or exporting country of pork, besides must be free of PMK, Rinderpest, Rift Valley Fever, also must be free of African Swine Fever, Swine Vesicular Disease, Nipah Virus, Japanese Encephalitis, Aujesky's Disease, Athropic Rhinitis, Teschen Disease, and Swine Pox.

(2) The imports of pork, as mentioned in clause (1), must come from the registered farms under authorized animal health official's surveillance in the exporting country, also at least for the last twelve (12) months period prior to export implementation, have been stated free of Hog Cholera, Transmissible Gastro Enteritis (TGE), Trichinosis, and Cytiscercosis.

Article 11

(1) Country of origin or exporting country of poultry meats must be free of Notifiable Avian Influenza (NAI).

(2) The imports of poultry meats, as mentioned in clause (1), must come from the registered farms under authorized animal health official's surveillance in the exporting country, also at least within the last ninety (90) days period, and within the range of 50 kilometers prior to export implementation from the exporting country, have been stated not in epidemic situation of Newcastle Disease (ND).

(3) For imports of duck meats, besides must fulfill the requirements as mentioned in clauses (1) and (2), also must come from the registered farms under authorized animal health official's surveillance in the exporting country, also at least within the last ninety (90) days prior to the export implementation, have been stated free of Duck Viral Hepatitis and Duck Viral Enteritis.

Article 12

The free of the diseases requirements as mentioned in Article 8, Article 9, Article 10, and Article 11, are according to the evaluation on status reports and contagious animal disease situation from the exporting country, and acknowledged by OIE/WOAH towards free of diseases in the country.

Part Three
Business Unit Requirements in Exporting Country

Article 13

(1) Business unit in determined exporting country, which is going to import carcasses, meats, and innards to Indonesian territory, must accomplish the following requirements:

(2) The Conditions mentioned in clause (1) letter d are not applicable to business unit which conducts slaughtering, caring, and processing carcasses/pork.

Article 14

(1) Business unit which has accomplished the requirements mentioned in Article 13 will be carried out direct assessment in the exporting country by Team.

(2) Team's assessment result mentioned in clause (1) will be recommended to Director General of Farms/Animal Husbandry in determining business unit.

(3) The assessment result mentioned in clause (2) can be followed by bilateral cooperation in the form of the Protocol of Animal Health and Veterinary Health.

Article 15

(1) Risk-analyst Assessor Team, Exporting Country Assessor Team, and business unit Assessor Team, mentioned in Article 5, Article 7, and Article 14, will be further determined by Ministerial Decree of Agriculture.

(2) Team membership as mentioned in clause (1) among others are veterinary who have accomplished the qualification requirements in the field of animal health and Veterinary health appointed by Director General of Farms and quarantine animal Veterinary appointed by Head of Agriculture Quarantine Organization.

Article 16

If there is any status change of animal health, Veterinary health, and animal quarantine in exporting country as required in Article 7, Article 8, Article 9, Article 10, Article 11, and Article 13, will be conduct reassessment in the exporting country and exporting country's business unit.

Article 17

Imported Carcasses, Meats, and innards, must include Veterinary Health Certificate/Sanitary Certificate, from authorized official in the exporting country, which states as follows:

Part Four
Packaging, Label, and Transportation Requirements

Article 18

(1) The exported carcasses, meats, and innards must be packaged so contamination or pollution don't occur during journey, and the packages must:

(2) Labels on the packages must attach:

(3) Seals as mentioned in clause (1) letter a is attached by the authorized veterinarians in the exporting country and must be still undamaged in the assessment place in Indonesia.

Article 19

(1) Carcasses, meats, and innards which are going to be imported to Indonesian territory, previously must be loaded in a transport media, and must be done a quarantining in the exporting country.

(2) Carcasses, meats, and innards transportation as mentioned in clause (1) must be carried out directly from the exporting country to the importing places in Indonesia.

(3) The imports of carcasses, meats, and innards from foreign countries by the way of transit and/or re-export through other countries can be permitted with special consideration after previously conducted assessment by Team as mentioned in Article 15, and also not against the regulations as mentioned in Article 8, Article 9, Article 10, Article 11, and Article 13.

(4) After arriving in the import places in Indonesian territory, carcasses, meats, and innards must take place animal quarantine.

Article 20

(1) The imported carcasses, meats, and innards transported by using containers, sealed by authorized veterinarians in the exporting country, and only can be opened by animal quarantine official in the import places.

(2) Halal-certificated carcasses, meats, and innards must be separated from the carcasses, meats, and innards containers, which don't possess Halal-certificate.

(3) During the journey, temperature in the container or the other means of transportation must be stable, for fresh meats the range is from 0 C. up to 4 C., and for frozen meats and carcasses from 18 C. to minus 22 C..

Article21

The imported meats for animal's food usage must:

CHAPTER IV
THE PROCEDURE OF IMPORTING CARCASSES, MEATS, AND INNARDS

Article 22

(1) Everyone or corporate which is going to import carcasses, meats, and innards to Indonesian territory must submit application letter to Director General of Farms through Head of License and Infestation Center by encloses the copies to Head of Agriculture Quarantine Organization.

(2) The application letter as mentioned in clause (1) must include the requirements as mentioned in Article 5 clause (2) and attach:

(3) Head of License and Infestation Center after receives the application letter as mentioned in clause (1) for period not more than three (3) work-days must already pass the assessment of the requirement document as mentioned in clause (2) and intermediately submit postponement, rejection or acceptance replies.

Article 23

(1) The postponed application as mentioned in Article 22 clause (3), if there are still some unaccomplished requirements, will be informed on paper to the applicant.

(2) The applicant within five (5) work-days since accepting the written notification as mentioned in clause (1) must already accomplish all the requirements.

(3) In case of within five (5) work-days as mentioned in clause (2) the applicant hasn't completed the undone requirements, the application will be withdrawn.

Article 24

(1) The rejected applicant as mentioned in Article 22 clause (3), if the requirements as mentioned in Article 22 clause (2) are incorrect.

(2) The application rejection as mentioned in clause (1) is informed on paper including the reasons.

Article 25

(1) The accepted application as mentioned in Article 22 clause (3) is informed by Head of License and Infestation Center to Director General of Farms for asking SPP.

(2) Director General of Farms after receives the application as mentioned in clause (1) intermediately asks technical consideration to Team as mentioned in Article 15 towards requirement accomplishment of animal health and veterinary health in the exporting country and animal quarantine requirements.

(3) Technical consideration as mentioned in clause (2), is conducted according to the requirements as mentioned in Article 8, Article 9, Article 10, Article 11, and Article 13, by being adjusted to knowledge and technology developments, and also diseases situation development based on the information from OIE at the assessment.

(4) Technical consideration as mentioned in clause (3) within a period not more than fourteen (14) work-days must already be submitted to Director General of Farms and Head of Agriculture Quarantine Agency.

Article 26

(1) Team, in giving technical consideration as mentioned in Article 25, must consider technical recommendation from Head of Service, dealing with the functions of farms in Province.

(2) Technical recommendation from Head of Service as mentioned in clause (1) is not applicable to the imports of carcasses, meats, and innards from foreign countries for social, diplomatic, searches, or self-need purposes which is not exceeding ten (10) kilograms with the condition continues to notice the exporting country requirements as mentioned in Article 8, Article 9, Article 10, Article 11, and Article 13, which includes health certificate/sanitary from the exporting country.

(3) Technical recommendation as mentioned in clause (1), among other to be able to accomplish the requirements as mentioned in Article 5 clause (2).

Article 27

(1) Director General of Farms according to technical consideration from Team as mentioned in Article 15 and consideration suggestion from Head of Agriculture Quarantine Agency not more than five (5) work-days must already submit the rejection or acceptance replies.

(2) Application rejection as mentioned in clause (1) by Director General of Farms is given on paper including the reasons submitted to the applicant through Head of License and Infestation Center.

(3) The accepted application as mentioned in clause (1) will be issued SPP in form of Director General's Decree with copies submitted to Agriculture Quarantine Organization, Director General of Agricultural Processing and Marketing, Director General of Customs & Duty, Head of Service dealing with the functions of farms in province, and Head of Public Hall/Hall/animal quarantine station in import location.

(4) Director General of Farms in issuing SPP as mentioned in clause (3) must notice the consideration suggestion from Head of Agricultural Quarantine Organization.

(5) SPP as mentioned in clause (3) is submitted to the applicant through Head of License and Infestation Center.

Article 28

(1) Individual or cooperate which has obtained SPP from Director General of Farms as mentioned in Article 27 clause (4) can import carcasses, meats, and/or innards to Indonesian territory.

(2) SPP as mentioned in clause (1) is effective for a period of one hundred and eighty (180) calendar days.

(3) In case of animal diseases endemic occurs as mentioned in Article 8, Article 9, Article 10, and Article 11, in the exporting country, SPP as mentioned in clause (1) is stated ineffective.

(4) Individual or corporate which imports carcasses, meats, and innards, must give import realization report to Director General of Farms with copies to Head of Agricultural Quarantine Organization and Head of License and Infestation Center not more than seven (7) calendar days after the effectiveness of SPP.

CHAPTER V
ANIMAL QUARANTINING

Article 29

(1) Every import plan of carcasses, meats, and innards from foreign countries must be reported by the owner or his representative to quarantine official in import location determined in Port of Entry by filling in the assessment application form of animal quarantine and encloses SPP.

(2) Import Report as mentioned in clause (1) must be submitted not more than one (1) work-day before the arrival of transportation media in import location.

(3) At the arrival moment of the transport media in import location, the owner or the representative must submit carcasses, meats, and innards including the required document to quarantine official to be conducted quarantining.

(4) Document as mentioned in clause (3) consists of:

Article 30

(1) Animal quarantining as mentioned in Article 29 clause (3) can be of assessment, care, detainment, rejection, elimination, and/or release.

(2) The treatment as mentioned in clause (1) is conducted to get rid of animal quarantine diseases of Classification II.

Article 31

(1) The assessment as mentioned in Article 30 comprises requirement document assessment and health assessment/sanitary by the quarantine veterinarians on the transport media prior to unloading or before passing the import location.

(2) The requirement document assessment as mentioned in clause (1) consists of completeness and validity of document, and appropriateness/correctness between document and package/label/ quantity and the type.

(3) Health assessment/sanitary as mentioned in clause (1) can be in form of purity sampling or organoleptical completeness and/or laboratorial sampling according to technique and method of assessment.

(4) In case of purity sampling or organoleptical completeness and/or laboratorial sampling as mentioned in clause (3) cannot be done onboard or in import location, so it will be done an advanced assessment in certain animal quarantine installation.

Article 32

(1) The advanced assessment mentioned in Article 31 clause (4) comprises purity sampling, organoleptical completeness, and/or laboratorial sampling according to the technique and method of assessment.

(2) Carcasses, meats, and innards transporting from import location to Animal Quarantine Installation must be under Animal Quarantine Officer's observation.

(3) After arriving at Animal Quarantine Installation, will perform:

Article 33

(1) In case of carcasses, meats, and innards imports are not included with requirement document as mentioned in Article 29 clause (4) so it will be done a detainment as mentioned in Article 30.

(2) The detainment as mentioned in clause (1) is conducted if:

(3) After the owner or the representative can accomplish all requirements mentioned in Article 29 clause (4), hence it can be done the advanced assessment as mentioned in Article 32.

Article 34

(1) The rejection as mentioned in Article 26, is carried out in case of;

(2) After the rejection as mentioned in clause (1), hence the carcasses, meats, and innards intermediately are taken out from Indonesian territory within a time limit not more than three (3) work days which is delivered in official report of rejection.

(3) In case of the owner or the representative cannot provide the transportation within a time limit as mentioned in clause (2), it can be expanded for a limit of seven (7) work-days which continues to consider the import risk grade and diseases contamination of quarantined animals.

(4) In case of the rejection as mentioned in clause (1), the owner or the representative has not right to claim any indemnity and also must take the responsibilities of the rejection fee.

Article 35

(1) The elimination as mentioned in Article 30, is conducted if:

(2) Steps must be done in the elimination as mentioned in clause (1) are:

(3) Within the elimination as mentioned in clause (1), the owner or the representative has not right to claim any indemnity and also must take the responsibility of elimination fee.

Article 36

(1) The releasing as mentioned in Article 30 clause (1) is done if:

(2) The releasing as mentioned in clause (1) is conducted after the owner or the representative accomplishes the obligation to pay the quarantine service according to the applicable regulations.

CHAPTER V
SURVEILLANCE OVER DISTRIBUTION

Article 37

(1) The surveillance over the distribution of carcasses, meats, and innards from foreign countries, which are freed from quarantining, is carried out by Veterinary Health Surveyor appointed by Head of Service which deals with the functions of Farms and provincial animal health and regency/city in accordance with his authority.

(2) The surveillance as mentioned in clause (1) is conducted regularly for at least one time within six (6) months or in occasions of veterinary health technical requirements violence.

(3) The surveillance as mentioned in clause (2) includes physical samplings of carcasses, meats, and innards, storage assessment, vendor place assessment, and transportation assessment.

(4) The assessments as mentioned in clause (3) are followed by laboratorial sampling as the fulfillment of safety, health, completeness, and Halal situation of the distributed carcasses, meats, and innards.

(5) The assessments in storage place, vendor place, and transportation as mentioned in clause (3) consist of hygiene-physical sampling, sanitary and the technical requirements of veterinary health.

(6) The assessment in storage place as mentioned in clause (3) consists of:

Article 38

(1) Veterinary health surveyor appointed as mentioned in Article 37 clause (1) conducts the surveillance over carcasses, meats, and innards distribution, and reports the surveillance results regularly in every six (6) months to the Head of Service dealing with the functions of farms and provincial animal health and regency/city with copies to Director General of Farms.

(2) The Service dealing with the functions of farms and provincial animal health and regency/city, reports the surveillance results over carcasses, meats, and innards distribution from foreign countries to Director General of Farms.

Article 39

(1) Everyone or corporate conducting the activities of storing, transporting, distributing, and/or vending carcasses, meats, and innards from foreign countries, must maintain his business places in the conditions of hygiene-sanitary requirement and the public confidence.

(2) Everyone or corporate as mentioned in clause (1) must already report the storage place facility, and/or vending place and/or the transportation in use to Head of Service dealing with the functions of farms and animal health in local regency/city;

(3) Everyone or corporate as mentioned in clause (1) who is going to carry out distribution trans-areas/trans-provinces must already obtain recommendation from the Service dealing with the functions of farms and animal health in the acceptant areas.

Article 40

In order to increase the society's role and the consumer protection from carcasses, meats, and innards which have not accomplished the hygiene-sanitary requirement and the public confidence, hence surveillance as mentioned in Article 37 clause (1) can involve Indonesian Islamic Council of Religious Scholars participation, Indonesian Consumer Institution (Indonesian: Yayasan Lembaga Konsumen Indonesia (YLKI), other related Associations and public institutions by noticing the stipulation of this regulation.

Article 41

In case of in an area of regency/city there has not been performed a service dealing with the functions of farms and animal health, hence the surveillance realization of distribution of carcasses, meats, and innards as mentioned in Article 37 clause (1) and Article 38, is carried out by the service dealing with the functions of farms and animal health in province.

CHAPTER VI
SANCTIONS

Article 42

(1) In case of according to surveillance results conducted by veterinary health surveyor as mentioned in Article 37 and Article 34 a regulation violence has occurred, the Director General of Farms, Governor, Regent/Mayor have rights to perform administrative action.

(2) The administrative action as mentioned in clause (1) can be in forms of:

(3) The administrative action performance, as mentioned in clause (2) is carried out according to risk grade resulted by requirement violence.

(4) The administrative action performance, as mentioned in clause (2) letters a, b, and c, is done by Director General of Farms.

(5) The administrative action performance, as mentioned in clause (2) letters d and e, is done by Governor or Regent/Mayor in accordance with his authority.

(6) The administrative action performance, as mentioned in clause (2) letter g, is done by Governor.

Article 43

Besides enforced by administrative action as mentioned in Article 42 clause (2), individual or corporate violating the stipulation of this regulation, is condemned sanctions according to Act number 16 year 1992 concerning Animals, Fish and Plant Quarantines; Act number 7 year 1996 concerning Food; and/or Act number 8 year 1999 concerning consumer protection.

CHAPTER VII
OTHER STIPULATION

Article 44

By not decreasing the stipulation effectiveness in the field of Medicine and Food Control, this stipulation is also effective to processed meats which have risks towards the contamination of contagious animal diseases (zoonosis), natural and other biological resources.

CHAPTER VIII
SUBSTITUTIVE STIPULATION

Article 45

Port of Entry for carcasses, meats, and innards which is already issued prior to the effectiveness of this regulation, is stated still in effective until the period expiration, and therefore is adjusted to this regulation.

CHAPTER IX
CLOSING STIPULATION

Article 46

By the effectiveness of this regulation, hence the Ministerial Decree of Agriculture number 745/Kpts/TN.240/12/1992 is invalidated and not effective anymore.

Article 47

This regulation starts to take in effect on the date of stipulation.

Stipulated in Jakarta
On the date of December 28, 2006
MINISTER OF AGRICULTURE,
signed
ANTON APRIYANTONO

COPIES of this Regulation are submitted to dear:

1. Minister of Economic Coordinator;
2. Minister of Public Welfare Coordinator;
3. Minister of Health;
4. Minister of Finance;
5. Minister of Forestry;
6. Minister of Sea and Fishery;
7. Minister of Commerce;
8. Minister of Foreign Affairs;
9. Minister of Domestic Affairs;
10. Minister of Transportation;
11. Minster of Tourism, Art, and Culture;
12. Director General of Customs and Duty, Ministry of Finance;
13. Head of Medicine and Food Control Organization;
14. Echelon I officials within Ministry of Agriculture;
15. Governors and Regents/Mayors in all over Indonesia.