to Indonesian

REGULATION OF THE MINISTER OF AGRICULTURE
No. 50/Permentan/OT.140/9/2011

CONCERNING
APPROVAL RECOMMENDATION ON THE IMPORT OF CARCASS, MEAT, OFFAL, AND/OR THEIR DERIVATIVES PRODUCTS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF INDONESIA,

Attachment

Considering:

a. that in the framework to fulfill need of domestic animal products, it is necessary to import carcass, meat, offal, and/or their derivatives products from abroad into the territory of the Republic of Indonesia;

b. that import as intended in paragraph a, it is necessary equilibrium on the demand and supply of carcass, meat, offal, and/or their derivatives products, that is not supplied by domestic supply;

c. that based on consideration as intended in paragraph a, and paragraph b, as well as implementation Article 38, Article 58 paragraph (6) and Article 59 paragraph (5) of Law No. 18/2009 concerning Animal Husbandry and Health, it is necessary to govern Approval Recommendation on the Import of Carcass, Meat, Offal, and/or their Derivative Products into the Territory of the Republic of Indonesia;

In view of:

1. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 57/1992, Supplement to Statute Book No. 3482);

2. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);

3. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3656);

4. Law No. 8/1999 concerning Customers Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);

5. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437);

6. Law No. 18/2009 concerning Animal Husbandry and Health (Statute Book No. 84/2009, Supplement to Statute Book No. 5015);

7. Government Regulation No. 22/1983 concerning Veterinary Public Health (Statute Book No. 28/1983, Supplement to Statute Book No. 3253);

8. Government Regulation No. 69/1999 concerning Label and Advertisement for Food (Statute Book No. 131/1999, Supplement to Statute Book No. 3867);

9. Government Regulation No. 82/2000 concerning Animal Quarantine (Statute Book No. 161/2000, Supplement to Statute Book No. 4002);

10. Government Regulation No. 28/2004 concerning Foods Safety, Quality and Nutrition (Statute Book No. 107/2004, Supplement to Statute Book No. 4424);

11. Government Regulation No. 38/2007 concerning Sharing of Governmental Administration Affairs among Central Government, Province Government, and Regency/Municipality Government (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);

12. Presidential Decree No. 84/P/2009 concerning Establishment of the United Indonesia Cabinet II;

13. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;

14. Presidential Regulation No. 24/2010 concerning Position, Task and Function of State Ministries as well as Structure Organization, Task and Function of First Echelons of State Ministries;

15. Regulation of the Minister of Agriculture No. 46/Kpts/HK.310/8/2010 concerning Entry and Release Places of Quarantine Animal Diseases Carrier Media;

16. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/2010 concerning Organization and Work Procedure of Ministry of Agriculture;

Observing:

Notification Number G/SPS/N/IDG/43 dated January 18, 2010;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING APPROVAL RECOMMENDATION ON THE IMPORT OF CARCASS, MEAT, OFFAL, AND/OR THEIR DERIVATIVES PRODUCTS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

CHAPTER I
GENERAL PROVISION

Article 1

In this Regulation:

1. Cow, goat/sheep carcass is part of health cow, goat/sheep livestock, products from correct slaughtering according to Islamic teaching, skinned off, and taking out the innards, beheaded off, legs from tarsus to downwards, reproductive organs and udder, tail, and also excessive grease;

2. Pig carcass is part of health pig that has been slaughtered, feathered off, cut head and feet off, and taken out the offal.

3. Poultry carcass is part of duck or turkey livestock, which have been slaughtered in the correct way according to Islamic teaching, feathered off, taken out the innards and abdominal grease, beheaded off, cut the neck off, and also feet or claws, to make safe to be consumed by human.

4. Meat is part of carcass skeleton-tendon, which is common, safe, and fit for human consumption, consisting of bone meat cuts and other boneless meat cuts, variation meat, which may be in the form of chilled meat, frozen meat or processed meat.

5. Variety meat, fancy meat, co-product are parts other than carcass of healthy ruminants already slaughtered in a religiously permitted way, consisting of tongue, tail, leg and lip which are common, safe and fit for human consumption.

6. Industrial cow meat are parts other than carcass, skin, offal, head, feet, reproductive organs and udder, tail of cow, correct slaughtering according to Islamic teaching, consists of forequarter, hindquarter, trimming 65 CL, trimming 85 CL, trimming 90 CL, trimming 95 CL, milled meat, and diced meat for industrial need.

7. Processed meat is meat processed by certain way or method with or without additives, which is executed in a religiously permitted way and properly so as to be common, edible and safe for human consumption.

8. Meat for Feed is meat which is safe but not suitable for human consumption and only designated to feed.

9. Offal is heart of the cow.

10. Import is an activity to import carcass, meat and/or offal from other countries into the territory of the Republic of Indonesia.

11. Office International Des Epizooties / World Organization for Animal Health, hereinafter called OIE/WOAH is the World Animal Health Agency authorized to inform incident, status and situation of animal disease in a country, and give technical recommendation in sanitary action in the animal health field and veterinary people health.

12. Contagious animal diseases are diseases infecting between animal and animal, animal and human, as well as animal and other animal diseases carriers by direct or indirect contact with diseases carrier.

13. Strategic animal diseases are animal diseases that can make lost in economical, public confusing, and/or some animals dead.

14. Exotic animal diseases are diseases that are never appear in a country or area, in clinically, epidemiological or laboratorial.

15. Zoonosis is a disease or infection naturally infected from animal to human or vise versa.

16. Veterinary Health is all businesses dealing with animal and animal products, which affects human health directly or indirectly.

17. Veterinary Service is provision of animal and veterinary service in a country by referring to the standards, guidance and recommendations of international organizations, among others the World Organization for Animal Health (OlE), Codex Alimentarius Commission (CAC) and World Health Organization (WHO).

18. Country of origin of the import, hereinafter called country of origin, is a country exporting carcass, meat, offal, and/or their derivative products into the territory of the Republic of Indonesia.

19. Import business unit is places in origin country that produce carcass, meat, offal, and/or their derivative products, regularly and continuously for commercial purpose.

20. Establishment number, hereinafter abbreviated to NKV is a certificate as a legitimate written evidence that sanitary hygienic pre requisite has been fulfilled as the basic feasibility of security guaranty for food in business unit of animal-based food.

21. Import Approval Recommendation hereinafter abbreviated as RPP is written explanation given by Minister or appointed official to the business entity to import carcass, meat, offal and/or their derivative products into the territory of the Republic of Indonesia.

22. Hazard is threaten condition to the human safety and health, animal health and/or environment caused by biological chemical and/or physical pollution.

23. Province agency is unit of regional administration in the animal husbandry and health function.

24. Center of Plant Variety Protection and Agriculture License hereinafter abbreviated as PPVTPP is working unit that has administrative licensing function.

25. Business Communities are individuals or statutory bodies, legal or not legal, produce goods and service to support cultivation of ruminants, and/or support effort of animal health.

CHAPTER II
IMPORT OF CARCASS, MEAT, OFFAL, AND/OR THEIR DERIVATIVE PRODUCTS

Part One
General

Article 2

(1) Business communities can import carcass, meat, offal, and/or their derivative products after get import approval from Minister of Trade

(2) Minister will give import approval as intended in paragraph (1), after get RPP from Minister of Agriculture.

Article 3

(1) RPP as intended in Article 2 paragraph (2) is issued by Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture in the form of Decree of the Minister of Agriculture.

(2) RPP as intended in paragraph (1) shall at least has contents:

(3) Purpose of usage as intended in paragraph (2) g are hotel, restaurant, catering, and industry.

Article 4

(1) Import of carcass, meat, offal and/or their derivative products shall be according to national demand analysis.

(2) National demand analysis as intended in paragraph (1) by limited coordination meeting in Ministers level in coordination by Coordination Minister of Economic Affair with input from Minister of Agriculture and/or related Ministers.

(3) Beside should match with demand analysis result on quantity, kind, and specification of carcass, meat, and/or offal of cow as intended in paragraph (2), in stipulate allocation of each business community by consider at least:

Article 5

Issuance of RPP as intended in Article 3 paragraph (1) will be in 2 (twice) period in 1 (one) year:

Article 6

(1) Business community cannot allowed to apply changing of origin country, quantity, kind, and specification of carcass, meat, offal and/or their derivative products on the issued RPP.

(2) Business community that import carcass, meat, offal, and/or their derivative products should prevent entry and spread of contagious animal diseases.

Part Two
Import Requirements

Article 7

(1) Kind of carcass, meat, offal, and/or their derivative products can be imported only as stated in Attachment I, Attachment II, and Attachment III that is integral parts of this Ministerial Regulation.

(2) Carcass, meat, offal, and/or their derivative products as intended in paragraph (1) in the form of chilled or frozen.

Article 8

Import of carcass, meat, offal, and/or their derivative products as intended in Article 7 should fulfill administrative requirements and technical requirements.

Article 9

Administrative requirements as intended in Article 8 are:

Article 10

Technical requirements as intended in Article 8 are:

Paragraph One
Requirement of Origin Country

Article 11

(1) Origin country as intended in Article 10 paragraph a that can be stipulated as origin countries to import carcass, meat, offal and/or their derivative products after fulfill conditions of free from diseases of:

(2) Country with BSE Controlled Risk status can be considered as origin country of import, in case:

(3) Diseases free countries status as intended in paragraph (1) based on declaration of the World Animal Health Agency (OIE/WOAH).

Article 12

(1) Countries as import origin country of carcass, meat, offal and their derivative products as intended in Article 11 paragraph (1) shall be stipulated by Director General of Animal Husbandry and Health on behalf of the Minister after get suggestion and consideration from Origin Country Assessment Team.

(2) Suggestion and consideration of Origin Country Assessment Team as intended in paragraph (1) are based on result of origin country veterinary service assessment, by steps of document assessment and matching in the field.

(3) Document assessment and matching in the field as intended in paragraph (2) are:

(4) Origin Country Assessment Team as intended in paragraph (1) shall be established by separate Decree, its members are from employee of the Directorate General of Animal Husbandry and Health and Agriculture Quarantine Board.

Article 13

(1) Director General of Animal Husbandry and Health after receive result from Origin Country Assessment Team as intended in Article 12 paragraph (3) submit it to Animal Health Experts Commission, Veterinary Public Health Experts Commission, and Animal Quarantine Experts Commission to conduct risk analysis study.

(2) Result of risk analysis study as intended in paragraph (1) shall be used by Director General of Animal Husbandry and Health as consideration to stipulate RPP issuance policy on the carcass, meat, offal and/or their derivative products.

(3) Experts Commissions as intended in paragraph (1) will be established by separate Decree.

Article 14

(1) Kind of deboned meat of cow and processed meat of cow from BSE Controlled Risk countries may be considered to be imported as intended in Article 11 paragraph (2) by given RPP after conducted risk analysis by Risk Assessment Team.

(2) Risk Assessment Team as intended in paragraph (1) are identification and assessment of hazard, communication, and risk management.

(3) Risk Assessment Team as intended in paragraph (1) shall be established by separate Decree.

Second Paragraph
Requirement of Business Community

Article 15

(1) Business Unit of origin country as intended in Article 10 paragraph b may be stipulated as supplier of carcass, meat, offal, and/or their derivative products into Republic of Indonesia area, after fulfill technical requirements on the veterinary public health.

(2) Technical requirements on the veterinary public health as intended in paragraph (1) are:

(5) Beside technical requirements as intended in paragraph (2), business unit should:

(4) Technical requirements as intended in paragraph (2) shall have evidence of certificate that is issued by authorized official in origin country.

Article 16

(1) Business communities as supplier of carcass, meat, offal, and/or their derivative products into Republic of Indonesia area as intended in Article 15 paragraph (1) are stipulated by Director General of Animal Husbandry and Health on behalf of the Minister after get suggestion and consideration from Business Unit Assessment Team.

(2) Assessment as intended in paragraph (1) shall be conducted by sending questionnaire and its attachments to be filled by business communities of origin country, and legalized by authorized veterinary there.

(3) Based on questionnaire and its attachments that is legalized by authorized veterinary in the origin country as intended in paragraph (2), Business Unit Assessment Team conducts documents review process to know safety guarantee system and/or consumers satisfaction guarantee.

(4) In document review process as intended in paragraph (3), evaluation shall be conducted to make sure healthy secure guarantee practice and religious permitted that is required.

(5) Based on result of document review as intended in paragraph (4) by Business Unit Assessment Team, it will recommends to Director General of Animal Husbandry and Health with considerations of business unit can be approved after direct audit/inspection to business unit location in origin country.

(6) Business Unit Assessment Team as intended in paragraph (1) is stipulated by separated Decree.

Third Paragraph
Requirement of Package, Label and Transportation

Article 17

(1) Carcass, meat, offal and/or their derivative products to be imported should fulfill package, label and transportation requirements as intended in Article 10 paragraph c.

(2) Package as intended in paragraph (1) should:

(3) The labeling as intended in paragraph (2) a in the package uses Indonesian language and English by mentioning:

(4) The sealing as intended in paragraph (2) a is executed by the authorized veterinarian in countries of origin and must remain whole and/or is not broken until arriving in the inspection place in territory of the Republic of Indonesia.

Article 18

(1) Carcass, meat, offal, and their derivative products which will be imported into the territory of the Republic of Indonesia must pass quarantine action in countries of origin before the commodities are loaded into carriers.

(2) The transport of the carcass, meat, offal, and their derivative products as intended in paragraph (1) must be done directly from countries of origin to importing places in the territory of the Republic of Indonesia.

(3) The import of carcass, meat, offal and/or their derivative products by means of transit or through other countries can be done accordance with animal quarantine regulations.

(4) Upon arriving at the importing place, carcass, meat, offal, and/or their derivative products are subject to animal quarantine action in accordance with animal quarantine regulations.

Article 19

(1) Carcass, meat, offal, and/or their derivative products that is carried in container will be sealed by authorized Veterinarian in origin country and only can be opened by animal quarantine official in entry place.

(2) Carcass, meat, offal, and/or their derivative products having religiously permitted certificate must be separate from place or container of carcass, meat, offal and/or their derivative products not having religiously permitted certificate.

Article 20

Import of carcass, meat, offal, and/or their derivative products for the animal feed need, should fulfill provision as intended in Article 2 until Article 19, also should fulfill:

Part Three
Procedure to obtain RPP

Article 21

(1) To obtain RPP, business community should file written application to the Director General of Animal Husbandry and Health through Head of PPVTPP by using model-1 format.

(2) Application as intended in paragraph (1) should accompanied by administrative requirement as intended in Article 9.

(3) Application as intended in paragraph (2) can be submitted online and/or directly.

Article 22

After receive written application as intended in Article 21 paragraph (1), Head of PPVTPP within period 3 (three) working days should give rejection or approval answer.

Article 23

(1) Application is rejected as intended in Article 22 in case administrative requirements as intended in Article 10 are not true and/or not complete.

(2) Rejected application as intended in paragraph (1) will be submitted in written by Head of PPVTPP to the applicant with the reason of rejection by using model-2 format.

Article 24

(1) Application is accepted as intended in Article 22 if fulfill administrative requirement as intended in Article 10.

(2) Heal of PPVTPP will submit application as intended in paragraph (1) to the Director General of Animal Husbandry and Health, by using format of model-3 and model-4.

(3) Director General of Animal Husbandry and Health after receive application as intended in paragraph (2) will check technically within 10 (ten) working days, should give the result of rejected or approved.

Article 25

(1) Application is rejected as intended in Article 24 paragraph (3) if not fulfill technical requirement as intended in Article 12, Article 13, Article 14 and/or Article 16, will be submitted by Director General of Animal Husbandry and Health to the business community in written with the reason of rejection through Head of PPVTP, by using model-5 format.

(2) Application is approved as intended in Article 24 paragraph (3), RPP will be issued by Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture by using model-6 format, model-7 format, and model-8 format.

(3) RPP as intended in paragraph (2) will be submitted online or directly by the Head of PPVTPP to the Minister of Agriculture through business community with copy to the Head of Agriculture Quarantine Board, Director General of Customs and Excise of the Ministry of Finance, Head of Province Agency, and Head of Agriculture Quarantine UPT of entry place.

(4) Minister of Trade after received RPP as intended in paragraph (3) will issues import approval.

Article 26

(1) RPP application for first semester as intended in Article 5 paragraph a will be opened on August 15 and closed on September 15.

(2) RPP application for second semester as intended in Article 5 paragraph b will be opened on February 15 and closed on March 15.

(3) RPP application as intended in paragraph (1) and paragraph (2) sill be submitted to the Director General of Animal Husbandry and Health through Head of PPVTPP by using mutatis mutandis mechanism according to Article 21 until Article 25.

Article 27

(1) In case of contagious of animal diseases in countries of import origin, Minister stipulate banned on the import by separate Decision.

(2) Banned Decision as intended in paragraph (1) will be submitted to the Minister of Trade.

(3) Minister of Trade after get Decision as intended in paragraph (2), shall revoke import approval.

Article 28

(1) In case of outbreak of animal disease in countries of import origin as intended in Article 11 paragraph (1), business communities can apply proposal on the change of origin country

(2) Application as intended in paragraph (1) shall according to the states are stipulated as import countries of carcass, meat, offal, and/or their derivative product, by Director General of Animal Husbandry and Health.

CHAPTER III
OBLIGATION OF RPP HOLDER

Article 29

Business communities that get RPP from Director General of Animal Husbandry and Health should apply import approval on the carcass, meat, offal, and/or their derivative products to the Minister of Trade.

Article 30

(1) Business communities that get import approval from the Minister of Trade should import carcass, meat, offal and/or their derivative products.

(2) Business communities have imported as intended in paragraph (1) should submit realization report on the import to the Head of PPVTPP every month, and will be submit to the Director General of Animal Husbandry and Health and Head of Plant Quarantine Agency, by using format of model 9.

(3) Rest of quantity as stated in RPP that is not realized by business community will be considered in the following RPP issuance.

CHAPTER IV
CONTROL

Article 31

(1) Control on the import of carcass, meat, offal, and/or their derivative products will be directly or indirectly.

(2) Direct control by:

Article 32

(1) Control as intended in Article 31 paragraph (2) a on the animal quarantine requirement.

(2) Control as intended in Article 31 paragraph (2) b on the veterinary public health requirement.

Article 33

Indirect control as intended in Article 31 paragraph (1) based on report from public.

Article 34

Further provision about control of carcass, meat, offal and/or their derivative products as intended in Article 31 will be governed by separate Regulation.

CHAPTER V
SANCTION PROVISION

Article 35

Business communities that get RPP as intended in Article 29 but do not file application of approval to the Minister of Trade within the RPP period, will be considered in the following RPP period.

Article 36

(1) Business communities after get import approval from Minister of Trade as intended in Article 30 paragraph (1) and do not import and/or do not submit report as intended in Article 30 paragraph (2) will get administrative sanction in the form:

(2) Administrative sanction as intended in paragraph (1) will be proposed by Minister of Agriculture to the Minister of Trade.

CHAPTER VI
TRANSITIONAL PROVISION

Article 37

Import Approval Letters (SPP) of carcass, meat, offal, and/or their derivative products that are issued before effective time of this Ministerial Regulation, are still valid until their expired date.

CHAPTER VII
CLOSING PROVISION

Article 38

Carcass, meat, offal and/or their derivative products RPP for the purpose of animal feed, in mutatis mutandis should follow this Ministerial Regulation.

Article 39

By effective of this Ministerial Regulation, Regulation of the Minister of Agriculture No. 20/Permentatn/OT.140/04/2009 concerning Import and Distribution Control on the Carcass, Meat, and/or Offal from Abroad, is revoked and declared null and void.

Article 40

This Ministerial Regulation shall come into force on the date of promulgated and effective on October 1, 2011.

For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on September 7, 2011
MINISTER OF AGRICULTURE
signed,
SUSWONO


Attachment