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REGULATION OF THE MINISTER OF TRADE
No. 38/M-DAG/PER/6/2012

CONCERNING
AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 30/M-DAG/PER/5/2012 CONCERNING PROVISIONS ON THE IMPORT OF HORTICULTURE PRODUCTS

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

Considering:

a. that to increase effective implementation of provisions on the import of horticulture products, it is necessary to amend Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products;

b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Trade Law 1934 (Statute Book No. 86/1938) as amended and supplemented;

2. Law No. 3/1982 concerning Compulsory Corporate Registration (Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);

3. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia No. 56/1992, Supplement to Statute Book of the Republic of Indonesia No. 3482);

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

5. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statue Book of the Republic of Indonesia No. 4661);

6. Law No. 7/1996 concerning Food (Statute Book of the Republic of Indonesia No. 99/1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);

7. Law No. 5/1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3806);

8. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821;

9. Law No. 39/2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);

10. Law No. 13/2010 concerning Horticulture (Statute Book of the Republic of Indonesia No. 132/2010, Supplement to Statute Book of the Republic of Indonesia No. 5170);

11. Government Regulation No. 22/1983 concerning Veterinary Public Health (Statute Book of the Republic of Indonesia No. 28/1983, Supplement to Statute Book of the Republic of Indonesia No. 3253);

12. Government Regulation No. 69/1999 concerning Food Labels and Advertisement (Statute Book of the Republic of Indonesia No. 131/1999, Supplement to Statute Book of the Republic of Indonesia No. 3867);

13. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book of the Republic of Indonesia No. 35/2002, Supplement to Statute Book of the Republic of Indonesia No. 4196);

14. Government Regulation No. 68/2002 concerning Food (Statute Book of the Republic of Indonesia No. 142/2002, Supplement to Statute Book of the Republic of Indonesia No. 4254);

15. Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrition (Statute Book of the Republic of Indonesia No. 107/2004, Supplement to Statute Book of the Republic of Indonesia No. 4424);

16. Government Regulation No. 21/2005 concerning the Bio Safety of Genetically Engineered Products (Statute Book of the Republic of Indonesia No. 44/2005, Supplement to Statute Book of the Republic of Indonesia No. 4498);

17. Government Regulation No. 38/2007 concerning the Division of Government Affairs between the Government, Provincial Governments and Local Government of Regency/Municipality (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);

18. Presidential Decree No. 260/1967 concerning Affirmation of Duties and Responsibilities of the Minister of Trade in Foreign Trade;

19. Presidential Decree No. 84/M/2009 concerning United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;

20. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended several times, the latest by Presidential Regulation No. 91/2011;

21. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of the State Ministries and Organizational Structure, Duties and Functions of First Echelon of State Ministries, as amended several times, the latest by Presidential Regulation No. 92/2011;

22. Regulation of the Minister of Agriculture No. 37/Kpts/HK.060/1/2006 concerning Technical Requirements and Plant Quarantine Measures for Importation of Fruits and/or Fresh Fruit Vegetables into the Territory of the Republic of Indonesia, as amended several times, the latest by Regulation of the Minister of Agriculture No. 15/Permentan/OT.140/3/2012;

23. Regulation of the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 concerning Technical Requirements and Plant Quarantine Measures for the Entry of Products of Living Plant in the form of Fresh Layer Roots into the Territory of the Republic of Indonesia as amended several times, the latest by Regulation of the Minister of Agriculture No. 16/Permentan/OT.140/3/2012;

24. Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2009 concerning Requirements and Procedures for Plant Quarantine Measures on the Entry of Wood Packaging into the Territory of the Republic of Indonesia;

25. Regulation of the Minister of Trade No. 54/M-DAG/PER/9/2009 concerning General Provisions in Imports;

26. Regulation of the Minister of Industry No. 24/M-IND/PER/2/2010 concerning the Food Tara Logo and Recycling Code Imprinting on the Food Packaging and Plastic;

27. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;

28. Regulation of the Head of Drug and Food Controller Agency No. HK.03.1.23.07.11.6664 of 2011 concerning the Control of Food Packaging;

29. Regulation of the Minister of Trade No. 31/M-DAG/PER/10/2011 concerning Packed Goods;

30. Regulation of the Minister of Agriculture No. 88/Permentan/PP.340/12/2011 concerning the Control of Food Safety on the Entry and Release of Fresh Food of Plant Origin;

31. Regulation of the Minister of Trade No. 27/M-DAG/PER/5/2012 concerning Importer's Identity Number (API);

32. Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products;

DECIDES:

To stipulate:

AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 30/M-DAG/PER/5/2012 CONCERNING PROVISIONS ON THE IMPORT OF HORTICULTURE PRODUCTS.

Article I

Provisions in Article 38 of Regulation of the Minister of Trade No. 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture Products shall be amended as follows:

"Article 38

This Ministerial Regulation shall come into force on September 28, 2012 and will be evaluated periodically."

Article II

This Ministerial Regulation shall come into force on the date of stipulation.

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 June 14, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN