REGULATION OF THE MINISTER OF HEALTH
No. 258/MENKES/PER/III/1992

ON
HYGIENIC REQUIREMENT IN PESTICIDE MANAGEMENT

MINISTER OF HEALTH OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that the availability of pesticides that are highly required in eradicating pests, is very useful in the framework of realizing optimal health level of the community;
• b. that the use of pesticides for the eradication of pests is presently increasing, therefore efforts are required to protect the community from health disturbance as a result of pesticide management that does not comply with the hygienic requirements;
• c. that in relation to letters a and b set-forth above it is necessary to stipulate a Regulation of the Minster of Health Of the Republic of Indonesia on Hygienic Requirements In Pesticide Management;

In view of :

• 1. Dangerous Substance Ordinance (Staatsblad 1949 No. 377);
• 2. Law No. 9/1960 on Fundamentals of Hygiene (Statute Book of 1960 No. 131, Supplement to Statute Book No. 2068);
• 3. Law No. 11/1962 on Hygiene for Public Businesses (Statute Book of 1962 No. 48, Supplement to Statute Book No. 2475);
• 4. Law No. 2/1966 on Hygiene (Statute Book of 1966 No. 2, Supplement to Statute Book No. 2804);
• 5. Law No. 4/1982 on Basic Provisions of Living Environment Management (Statute Book of 1982 No. 12, Supplement to Statute Book No. 3215);
• 6. Government Regulation No. 7/1973 on Supervision of Circulation, Storage and Usage of Pesticides (Statute Book of 1973 No. 12);
• 7. Government Regulation No. 7/1987 on Delegation of Partial Affairs of the Government in the Field of Health to Regions (Statute Book of 1987 No. 9, Supplement to Statute Book No. 3347);

DECIDES:

To Stipulate :

Regulation OF THE MINSTER OF HEALTH OF THE REPUBLIC OF INDONESIA ON HYGIENIC REQUIREMENT IN PESTICIDE MANAGEMENT

CHAPTER I
GENERAL PROVISIONS

Article 1

Meant in this Ministerial Regulation as:

• 1. Hygienic Requirements are provisions which technical health in nature that must be fulfilled for purpose of protecting, maintaining and or increasing the health level:
• 2. Pesticides are all chemicals and other substances and microorganisms and viruses which are used to :
• - Eradicate or prevent pests and diseases that destroy plants; parts of plant, or agricultural yields;
• - Eradicate grasses;
• - Regulate or stimulate the growth of plants or parts of plant excluding fertilizer;
• - Kill leaves and prevent the undesired growth;
• - Eradicate and prevent external pests in pets and bred animals;
• - Eradicate or prevent aquatic pests;
• - Eradicate or prevent animals and microorganisms in households, buildings and in transportation tools;
• - Eradicate or prevent animals including insects that may cause diseases in humans or animals that need to be protected with the use on plants, soils or water;
• 3. Environmental hygiene pesticide is a pesticide which is used to eradicate contagious disease vectors (insects, rats) or to control pests in households, premises, work places, other public places, including transportation facilities and storage places/warehouses.
• 4. Pest Combating Company is one that is legal according to the prevailing statutory regulations, that engage in the field of pest combating business by using environmental hygiene pesticides.
• 5. Limited Pesticides are pesticides which, by their nature (physically and chemically) and or due to their toxicity, are deemed dangerous to the human life and environment, therefore only permitted to be circulated, stored and used limitedly.
• 6. Pesticide Management is an activity that includes manufacturing, transportation, storage, distribution, processing, usage and demolishment of pesticides.
• 7. Pesticide Management Site is a workplace where a part or all of pesticide management is conducted.
• 8. Kakanwil is the Head of Regional Office of the Provincial Health Ministry.
• 9. Director General is the Director General who is in charge in residential environment sanitation.

CHAPTER II
CLASSIFICATION AND FUNDING

Article 2

(1) Pesticides can be classified by its physical appearance, entrance line into the body and its toxicity into 4 (four) classes, namely :

Class Ia : Pesticides that are very very dangerous Class lb : Pesticides that are very dangerous

Class Ib : Pesticides that are dangerous

Class III : Pesticides that are moderately dangerous

(2) Pesticides as contemplated in the classification as meant in paragraph (1) are obliged to be marked with a danger warning with certain base color attached in its package label.

(3) Provisions on classification and marking color of pesticides as contemplated in paragraphs (1) and (2) are contained in Attachments I and II to this Decree.

CHAPTER III
PERSONNEL AND EQUIPMENTS OF MANAGEMENT

Article 3

(1) Every Pesticide Management site is obliged to have a technical responsible person for technical in addition to pesticide handling personnel.

(2) The technical responsible person as contemplated in paragraph (1) must have special ability in managing pesticides and meet the hygienic requirements.

Article 4

(1) The pesticide handling personnel must be physically healthy and, in performing their tasks, are obliged to wear protecting equipment that meet healthy requirements.

(2) Types of the protecting equipment for pesticide handler shall be adjusted to the type of pesticide classification and or type of their work.

Article 5

Provisions on hygienic requirements for the technical personnel and the pesticide handling personnel and type of their equipments as contemplated in Article 3 and 4 shall be determined by the Director General.

CHAPTER IV
MANUFACTURING, STORAGE, PRESENTATION AND TRANSPORTATION

Article 6

(1) Manufacturing and Storage Site of pesticide must fulfill the hygienic requirements;

(2) Hygienic requirements as contemplated in paragraph (1) concern with the location, building, construction of the sanitary facility and layout and other facilities that are necessary for its safety.

(3) Pesticide that is presented in the sale room or in transportation must fulfill the hygienic requirements on order to avoid health trouble and or environmental pollution.

(4) Provisions on hygienic requirements as contemplated in paragraph (2) and (3) shall be determined by the Director General.

CHAPTER V
ASSESSMENT

Article 7

(1) Every environmental hygiene pesticide that will be distributed for pest eradication is obliged to be assessed.

(2) Provision on the assessment as contemplated in paragraph (1) shall be stipulated by the Director General.

CHAPTER VI
PERMITS

Article 8

(1) Every pest combating company must have operation license.

(2) Provision on granting of the operation license as contemplated in paragraph (1) shall be determined by the Director General.

Article 9

(1) Circulation, storage, and usage of limited pesticides must obtain a prior special permit based on recommendation given by Kakanwil.

(2) Provision on the requirements of circulation, storage and usage of limited pesticides as contemplated in paragraph (1) shall be determined by the Director General.

CHAPTER VII
COACHING

Article 10

(1) Governors Head of First Level Region shall be responsible for the general promotion of pesticide management.

(2) Kakanwil shall be responsible for the technical coaching of pesticide management.

Article 11

Technical coaching as contemplated in Article 10 paragraph (2) includes:

• a. Examination and supervision on type, quality, and quantity of pesticides, containers and tag color and publication of pesticide;
• b. Examination and supervision on materials, equipments used or produced in pesticide residue management;
• c. Examination and supervision of materials that contain pesticide residues;
• d. Medical check-up of pesticide managing personnel;
• e. Supervision of pesticide waste disposal and abolition activities;
• f. Precaution of pesticide usage;
• g. Pesticide management development through counseling, education and training;
• h. Recording and reporting on pesticide management coaching.

Article 12

Governors Head of First Level Region and Kakanwil in conducting pesticide management coaching may involve non government organizations that engage in pesticide management.

CHAPTER VIII
SANCTIONS

Article 13

(1) Violation of any provisions in this Regulation that are detrimental to the community health or resulting in environmental pollution and damages shall be subjected to criminal sanction according to Law No. 4/1982 on Basic Provisions of Living Environment Management and the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana).

(2) Violation of any provisions in Articles 3, 4. 5, 6. 7, 8, 9 of this Regulation shall be subjected to administrative penalty the implementation of which is conducted in stages through verbal, written warnings until license revocation or company winding up.

CHAPTER IX
TRANSITIONAL PROVISION

Article 14

All pesticide management companies which have been conducted activities before enactment of this Regulation, are obliged to adapt themselves to this Regulation within not later than 2 (two) years.

CHAPTER X
CLOSING PROVISION

Article 15

Technical matters that are not already regulated in this Ministerial Regulation, shall be stipulated by the Director General.

Article 16

This decree shall come into force as from the stipulation date.

For public cognizance, this decree shall be announced by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in JAKARTA
On March 30, 1992

MINSTER OF HEALTH OF THE REPUBLIC OF INDONESIA
Sgd.
Dr. ADHYATMA, MPH