to Indonesian
a. that in the framework to fulfill domestic demand of seed, livestock germs, and beef cattle, as well as effort to increase state revenue, can be done through activities of entry and removal of seed, livestock germs, and/or beef cattle into and from territory of the Republic of Indonesia;
b. that to keep on territory of the Republic of Indonesia in the status of free from Main Infectious livestock Disease (PHMU), to protect livestock genetic resources and consumers, the entry and removal of seed, livestock germs, and/or beef cattle into and from territory of the Republic of Indonesia should fulfill some requirements;
c. that in according with Government Regulation No. 38/2007 concerning Division of Governmental Administering between Government, Province Government, and Regency/Municipality Government, entry and removal of seed, livestock germs, and/or beef cattle becomes Government authority;
d. that based on consideration as intended above, it is necessary to stipulate Requirements and Procedure on the Entry and Removal of Seed, Livestock germs, and/or Beef cattle into and from territory of the Republic of Indonesia;
1. Law No. 6/1967 concerning Basic Provisions on the Husbandry and Animal Health (Statute Book No. 10/1967, Supplement to Statute Book No. 2824);
2. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56of 1992, Supplement to Statute Book No. 3482);
3. Law No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564 );
4. Law No. 32/2004 concerning Regional Government (Statute Book No. 60/2004, Supplement to Statute Book No. 3839), in conjunction with Law No. 8/2005 concerning Determination Government Regulation in Lieu of Law No. 3/2005 concerning Amendment to Law No. 23/2004 concerning Regional Government Becomes Law (Statute Book No. 108/2005, Supplement to Statute Book No. 4548);
5. Government Regulation No. 15/1977 concerning Rejection, Prevention, Elimination and Medical Treatment of Animal Diseases (Statute Book No. 20/1977, Supplement to Statute Book No. 3101);
6. Government Regulation No. 22/1983 concerning Veterinary Public Health (Statute Book No. 28/1983, Supplement to Statute Book No. 3253);
7. Government Regulation No. 82/2000 concerning Animal Quarantine (Statute Book No. 161/2000, Supplement to Statute Book No. 4002);
8. Government Regulation No. 21/2005 concerning Bio Safety of Genetically Engineered Products (Statute Book No. 44/2005, Supplement to Statute Book No. 4498);
9. Government Regulation No. 38/2007 concerning Division of Governmental Administering between Government, Province Government, and Regency/Municipality Government (Statute Book No. 82/2007, Supplement to Statute Book No. 4347);
10. Presidential Decree No. 187/M/2004 concerning Establishment of United Indonesia Cabinet;
11. Presidential Regulation No. 9/2005 concerning Position, Tasks, Function, Organization Structure and Work Flow of State Ministries of the Republic of Indonesia, in conjunction with Presidential Regulation No. 62/2005;
12. Presidential Regulation No. 10/2005 concerning Organization Unit and Duties of First Echelon of State Ministries of the Republic of Indonesia;
13. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 concerning Organization and Work Flow of Ministry of Agriculture, in conjunction with Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2007;
14. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 concerning Organization Division and Work Flow of Ministry of Agriculture, in conjunction with Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2007;
15. Regulation of the Minister of Agriculture No. 35/Permentan/OT.140/8/ 2006 concerning Guideline for Sustainability and Use of Livestock Genetic Resources;
16. Regulation of the Minister of Agriculture No. 36/Permentan/OT.140/8/2006 concerning National Livestock Seed System;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING REQUIREMENTS AND PROCEDURES ON THE ENTRY AND REMOVAL OF SEED, LIVESTOCK GERMS, AND BEEF CATTLE
In this Regulation:
1. Entry of Seed, Livestock Germs, and/or Beef Cattle is a series of activities to enter seed, livestock germs, and/or beef cattle from abroad into territory of the Republic of Indonesia to meet the domestic needs of seed, livestock germs, and/or beef cattle.
2. Removal of Seed, Livestock Germs, and/or Beef Cattle is a series of activities to remove the seed, livestock Germs, and/or beef cattle from territory of the Republic of Indonesia to foreign countries.
3. Seed is the result of breeding livestock in the form of cement, cell (oocyt), hatching eggs, and embryos.
4. Livestock Germs are all the result of breeding livestock to meet certain requirements to be bred.
5. Beef Cattle are the livestock of cow, buffalo, goat, sheep, pig, horse, poultry, and other livestock that are bred as producers of meat.
6. Origin Country of Import hereinafter called as Origin country is a country that issued the seed, livestock Germs, and/or beef cattle to entry place in the territory of the Republic of Indonesia.
7. Destination Country is a country that received seed, livestock Germs, and/or beef cattle from territory of the Republic of Indonesia.
8. Livestock Quarantine Action hereinafter called as Quarantine Action is an activity undertaken to prevent quarantine animal pest enter into, spread, and/or exit from territory of the Republic of Indonesia.
9. Entry Approval Letter, hereinafter abbreviated as SPP is a written statement given by the Minister or appointed official, to the individuals, legal entities or government agencies to be able to perform entry-of seed, livestock germs, and/or beef cattle from abroad into territory of the Republic of Indonesia.
10. Removal Approval Letter, hereinafter abbreviated as SPP-l is a written statement given by the Minister or officer is appointed, to the individuals or legal entities or government agencies to be able to do the removal of seed, livestock germs, and/or beef cattle out of the territory of the Republic of Indonesia.
11. Requirements of Livestock Health (Health Requirements) is requirements in the field of livestock health set by destination country that contains healthy livestock status in the origin country, livestock healthy status in livestock origin, and treatment of livestock health that must be met by the origin country.
12. Livestock Health Document is a certificate stating compliance with requirements of livestock health as defined in the Health Requirements set by the destination country by the livestock health official authorities in origin country or certificate of origin stating compliance with requirements of livestock health that is issued by an authorized veterinarian in the local regency/municipality.
13. Animal Welfare is all matters relating to physical and mental of animal according to the natural behavior of animals that must be applied and enforced to protect the animals from the treatment of people or legal entities that are not feasible for animals, including livestock that are used by human.
14. Animal Quarantine Pests and Diseases, hereinafter called HPHK are all pests, animal pests and diseases that affect the national socio economic and international trade and caused veterinary public health disturbance that can be classified according to risk levels.
15. Major Infectious Livestock Disease, hereinafter called PHMU are diseases that have spread rapidly and affect the socio economic and/or which can cause serious public health problems and is an important disease in the trade of animals and animal products internationally caused by a virus, parasites, bacteria, and prions which refers to the list of infectious livestock disease of the Office International des Epizooties (OIE)/World Organization for Animal Health (WOAH).
16. Exotic Livestock Disease is a disease that has never happened or appeared in a country or region, in clinical, epidemiological and laboratory.
17. Office is the government agencies that handle husbandry functions and/or animal health.
(1) This regulation is intended as:
(2) This Regulation aims to:
Scope of this regulation covers entry and removal of seed, livestock germs, and beef cattle, packaging and transportation, supervision, as well as sanctions.
(1) Entry of seed, livestock germs, and/or beef cattle can be done by individuals, legal entities, or government agencies.
(2) Entry of seed, livestock germs, and/or beef cattle as intended in paragraph (1) can be done for the purposes of research, development of livestock agribusiness or the development of seed, livestock germs, and/or beef cattle.
(3) Entry of seed, livestock germs, and/or beef cattle as intended in paragraph (2) carried out after receiving SPP from the Minister.
(4) The giving of SPP as intended in paragraph (3) conducted by Director General of Husbandry on behalf of the Minister.
Individuals, legal entities or government agencies which enter seed, livestock Germs, and/or beef cattle and prevent possible spread of HPHK, PHMU and/or exotic livestock disease and is responsible for the protection of livestock genetic resources, and maintain continuity in the domestic development of livestock populations.
(1) Individuals or legal entities as intended in Article 4 paragraph (1) to perform entry of seed and/or livestock germs must meet the administrative requirements, technical requirements, and requirements of livestock health and follow the provisions of the regulation in the field of animal quarantine.
(2) Administrative requirements as intended in paragraph (1) do not apply to government agencies conducting entry of seed and/or livestock germs.
(1) Administrative requirements as intended in Article 6 paragraph (1) that applies to individuals include:
(2) Administrative requirements as intended in Article 6 paragraph (1) that applies to legal entities include:
(1) Technical requirements as intended in Article 6 paragraph (1) includes the requirements of livestock health (certificate of livestock health), certificate of origin of seed or livestock germs (pedigree), and requirements of origin country (certificate of origin).
(2) In addition to technical requirements as intended in paragraph (1) for each kind of seed or livestock germs will be entered must meet the minimum technical requirements such as listed in Attachment I as an integral part of this Regulation.
(1) A state can be defined as an origin country of import seeds or livestock germs by the Minister, after obtaining technical considerations from the team.
(2) Team as intended in paragraph (1) established by the separate Decree of the membership consists of elements of Directorate General of Husbandty and Agriculture Quarantine Agency.
(3) Team as intended in paragraph (2) in providing technical considerations as intended in paragraph (1) based on the assessment of livestock health and assessment of livestock quarantine.
(4) Determination of the country of origin of import seed or livestock Germs as intended in paragraph (1) conducted by Director General of Husbandry on behalf of the Minister.
Livestock health assessment and livestock quarantine assessment as intended in Article 9 paragraph (3) conducted by using the following assessment criteria:
(1) Entry of beef cattle can only be performed by legal entities.
(2) Legal entities as intended in paragraph (1) in addition to meet the administrative requirements as intended in Article 7 paragraph (2) must meet the technical requirements, including requirements of livestock health (certificate of livestock health), certificate of origin of beef cattle, and requirements of origin country (certificate of origin).
(3) In addition to requirements as intended in paragraph (2) beef cattle are entered must meet the minimum technical requirements as set forth in Attachment I as in an integral part of this Regulation.
(1) Individuals, legal entities, or government agencies who conducting entry of seed, livestock germs, and/or beef cattle must submit a written application to the Minister through the Head of Licensing and Investment Center, with a copy to the Director General of Husbandry and Head of Agriculture Quarantine Agency, by using the model-1 form as set forth in Attachment III that is an integral part of this Regulation.
(2) Application as intended in paragraph (1) include:
(3) Head of Licensing and Investment Center after receiving the Application as intended in paragraph (1) within 3 (three) working days should give answer of postponed or rejection.
(1) The application is postponed as intended in Article 12 paragraph (3) if there is still a lack of administrative requirements as intended in Article 7, which must be completed and notified to the applicant in writing by using the model-2 form as set forth in Attachment III as an integral part of this Regulation.
(2) Applicant within 5 (five) working days as of receiving the notice as intended in paragraph (1) must have complete lack of administrative requirements.
(3) If within a period as intended in paragraph (2) the applicant has not been complete lack of administrative requirements, the application is deemed withdrawn.
(1) Application as intended in Article 12 paragraph (3) is rejected if the administrative requirements as intended in Article 7 are not true.
(2) Rejection of application as intended in paragraph (1) is notified to the applicant in writing, accompanied by reasons of rejection by using the model-3 form as set forth in Attachment III as an integral part of this Regulation.
(1) Application that has fulfilled administrative requirements, by the Head of Licensing and Investment Center is submitted to the Director General of Husbandry and Head of Agriculture Quarantine Agency.
(2) Director General of Husbandry after receiving the Application as intended in paragraph (1) conducts technical analysis of seed, livestock germs and/or beef cattle to the fulfillment of technical requirements and requirements of livestock health.
(3) Head of Agriculture Quarantine Agency conducted technical analysis in the field of livestock quarantine.
(4) Result of technical analysis of the Head of Plant Quarantine Agency as intended in paragraph (3) is submitted to the Head of Licensing and Investment Center to be forwarded to the Director General of Husbandry for consideration in issuing the SPP.
(1) Head of Licensing and Investment Center within 2 (two) working days after receiving the technical considerations of the Head of Agriculture Quarantine Agency delivered to the Director General of Husbandry.
(2) Director General of Husbandry based on technical considerations of the Head of Agriculture Quarantine Agency as intended in paragraph (1) and after a technical analysis of seed, livestock germs, and/or beef cattle as intended in Article 15 paragraph (2) within 10 (ten) working days already gives answer for rejection or approval.
Rejection of application as intended in Article 16 paragraph (2) by Director General of Husbandry is given in writing with the reasons and submitted to the applicant through Head of Licensing and Investment Center by using the model-4 form as set forth in Attachment III as an integral part of this Regulation.
(1) Application is approved as intended in Article 16 paragraph (2) issued SPP by Director General of Husbandry on behalf of the Minister in the form of Decree of the Minister to by using the model-5 form as set forth in Attachment III as an integral part of this Regulation.
(2) SPP as intended in paragraph (1) delivered to the applicant through Head of Licensing and Investment Center with copies are sent to Head of Agriculture Quarantine Agency, Directorate General of Customs and Excise, Ministry of Finance, Head of Province Agency, and Head of Center/Institute/ Livestock Quarantine Station in the entry place.
(1) Individuals, legal entities, or government agencies that have been obtained SPP from the Director General of Husbandry as intended in Article 18 paragraph (1) may enter seed, livestock germs, and/or beef cattle.
(2) SPP as intended in paragraph (1) valid for a period not exceeding 90 (ninety) calendar days as of the issuance.
(3) In the event of an outbreak of animal diseases in the origin country, SPP as intended in paragraph (2) is revoked.
(4) Individuals, legal entities, or government agencies that enter seed, livestock germs, and/or beef cattle are required to provide reports on the realization of entry to the Director General of Husbandry with copies are sent to Head of Agriculture Quarantine Agency, Head of Licensing and Investment Center, and Head of Agency in the province that issued the recommendation no later than 7 (seven) calendar days after the entry.
(1) Removal of seed and/or livestock Germs can be done by individuals, legal entities, or government agencies.
(2) Removal of seed and/or livestock germs as intended in paragraph (1) can be performed for research purposes, providing added value for livestock empowerment, and increasing foreign exchange revenue.
(3) Removal of seed and/or livestock germs as intended in paragraph (2) carried out after obtaining SPP-I of the Director General of Husbandry on behalf of the Minister.
(1) Individuals, legal entities or government agencies that remove the seed and/or livestock germs out of the territory of the Republic of Indonesia must fulfill requirements and procedures determined in this Regulation.
(2) Type and area of origin of seed and/or livestock germs that can be issued are determined by Minister.
(3) Individuals, legal entities or government agencies that release the seed and/or livestock germs must maintain the domestic genetic resource conservation.
(4) In addition to the provisions as intended in paragraph (2) and paragraph (3) removal of seed and/or livestock germs can be done by considering the population of livestock for domestic needs is based on technical studies conducted by Director General of Husbandry after receives advice and consideration of the National Livestock Germs Commission, and the National Commission on Genetic Resources.
(1) Removal of seed and/or livestock germs can be done by individuals, legal entities or government agencies.
(2) Removal of seed and/or livestock Germs as intended in paragraph (1) performed after obtain SPP-I of the Director General of Husbandry on behalf of the Minister.
Individuals, legal entities or government agencies that remove the seed and/or livestock germs shall prevent possible spread of HPHK/PHMU and is responsible for the protection of livestock genetic resources, as well as maintain the continuity of the development of domestic livestock populations.
(1) Individuals or legal entities as intended in Article 23 that performs removal of seed and/or livestock germs must meet the administrative requirements, technical requirements, and requirements of livestock health and follow the provisions of the regulation in the field of animal quarantine.
(2) Administrative requirements as intended in paragraph (1) do not apply to government agencies conducting removal of seed and/or livestock germs.
(1) Administrative requirements as intended in Article 24 paragraph (1) that applies to individuals include:
(2) Administrative requirements as intended in Article 24 paragraph (1) that applies to legal entities include:
(1) Technical requirements as intended in Article 24 paragraph (1) includes the requirements of livestock health (certificate of livestock health), certificate of origin of seed or livestock Germs (pedigree), and requirements of origin area (certificate of origin).
(2) In addition to technical requirements as intended in paragraph (1) for each kind of seed and/or livestock Germs to be released must meet the minimum technical requirements as set forth in Attachment II as an integral part of this Regulation.
(1) Removal of beef cattle can only be performed by legal entities.
(2) Legal entities as intended in paragraph (1) in addition to meet the administrative requirements as intended in Article 25 paragraph (2) must meet the technical requirements, including requirements of livestock health (certificate of livestock health), and requirements of origin area (certificate of origin ).
(1) Individuals, legal entities or government agencies conducting removal of seed, livestock germs, and/or beef cattle must submit a written application to the Minister through the Head of Licensing and Investment Center, with a copy to the Director General of Husbandry and Head of Agriculture Quarantine Agency, by using the model-6 form as set forth in Attachment III as an integral part of this Regulation.
(2) Application as intended in paragraph (1) include:
(3) Head of Licensing and Investment Center after receiving the Application as intended in paragraph (1) in within 3 (three) working days should be give answer of postponed or rejection.
(1) The application is postponed as intended in Article 28 paragraph (3) if there is still a lack of administrative requirements as intended in Article 25 which must be completed and notified to the applicant in writing by using the model-7 form as set forth in Attachment III as an integral part of this Regulation.
(2) Applicant within 5 (five) working days as of receiving the notice as intended in Article 29 paragraph (1) must complete lack of administrative requirements.
(3) If within a period as intended in paragraph (2) applicant has not been complete lack of administrative requirements, the application is deemed withdrawn.
(1) Application as intended in Article 28 paragraph (3) is rejected if the administrative requirements as intended in Article 25 are not true.
(2) Rejection of application as intended in paragraph (1) is notified by the Head of Licensing and Investment Center to the applicant in writing with the reason of rejection by using the model-9 form as set forth in Attachment III as an integral part of this Regulation.
(1) Application that has fulfilled administrative requirements, by the Head of Licensing and Investment Center is submitted to the Director General of Husbandry and Head of Agriculture Quarantine Agency.
(2) Director General of Husbandry after receiving the Application as intended in paragraph (1) conduct technical analysis of seed, livestock germs, or beef cattle to fulfill the technical requirements and requirements of livestock health.
(3) Head of Agriculture Quarantine Agency conducts technical analysis in the field of animal quarantine.
(4) Result of technical analysis of the Head of Agriculture Quarantine Agency as intended in paragraph (3) is submitted to the Head of Licensing and Investment Center to be forwarded to the Director General of Husbandry for consideration in issuing SPP-I.
(1) Head of Licensing and Investment Center within 2 (two) working days after receiving the technical considerations of the Head of Agriculture Quarantine Agency delivers to the Director General of Husbandry.
(2) Director General of Husbandry based on technical considerations from the Head of Agriculture Quarantine Agency as intended in paragraph (1) and after a technical analysis of healthy of livestock seed, livestock germs, or beef cattle as intended in Article 31 paragraph (2) within 10 (ten) working days must provide answers to the rejection or approval.
Rejection of application as intended in Article 32 paragraph (2) by Director General of Husbandry is given in writing with the reasons that is submitted to the applicant through Head of Licensing and Investment Center by using model-9 form as set forth in Attachment III as an integral part of this Regulation.
(1) Approved application as intended in Article 32 paragraph (2), SPP-I issued by Director General of Husbandry on behalf of the Minister in the form of Decree of the Minister by using the model-10 form as set forth in Attachment III as an integral part of this Regulation.
(2) SPP-I as intended in paragraph (1) is submitted to the applicant through Head of Licensing and Investment Center with copies are sent to Head of Agriculture Quarantine Agency, Director General of Customs and Excise Ministry of Finance, Head of Province Agency, and Head of Center/Institute/ Station where removal of Livestock Quarantine.
(1) Individuals, legal entities, or government agencies that have obtained SPP-I of the Director General of Husbandry as intended in Article 34 may remove seed, livestock germs, and/or beef cattle.
(2) SPP-I as intended in paragraph (1) valid for a period not exceeding 90 (ninety) calendar days as of the issuance.
(3) In the event of an outbreak of animal diseases in the area of origin, the SPP-I as intended in paragraph (2) is revoked.
(4) Individuals, legal entities, or government agencies that make removal of seed, livestock germs, or beef cattle are required to provide the report of realization of the removal to the Director General of Husbandry with copies are sent to Head of Agriculture Quarantine Agency, Head of Licensing and Investment Center, and Head of Province Agency that issued the recommendation at least 7 (seven) calendar days after removal.
Individuals, legal entities or government agencies that enter and/or release seed, livestock germs, or beef cattle beside must meet the technical requirements as intended in Article 6 paragraph (1) and Article 24 paragraph (1) also must meet the animal welfare requirements in the implementation of packaging, transportation.
(1) In addition to requirements must meet the packaging and transportation animal welfare as intended in Article 36 for entry and/or removal of seed, and poultry germs should be packed in such a way as to maintain the stability of quality, health and safety.
(2) Packaging as intended in paragraph (1) if the seed, livestock, and poultry germs are from overseas must be the original of the origin country, has a label and sealed, and must meet the Indonesia National Standards or minimum technical requirements specified.
(1) To prevent the entry of HPHK and/or PHMU from abroad into territory of the Republic of Indonesia through transit conveyances that carry seed, livestock or beef cattle germs, transit can only be approved on the places that have been determined and the following provisions of the regulation in the quarantine field.
(2) Transshipment can only be done in quarantine area in determined transit area as intended in paragraph (1).
(1) Conveyances used to transport seed, livestock germs, or beef cattle should fulfill requirements of Indonesia National Standards or minimum technical requirements determined by separate regulations.
(2) In the case of transport as intended in paragraph (1) made to beef cattle or livestock germs in one shipment, it must meet requirements as follows:
Monitoring of the entry of seed, livestock germs, or beef cattle from abroad that had been released from the quarantine action carried out by functional official or official appointed by the Head of Province and/or Regency/Municipality Agency in accordance with their authority.
Supervision of livestock traffic in order to removal of seed, livestock germs, or beef cattle is conducted by Province and/or Regency/Municipality Agency, to fulfill the terms of the kind, place of origin, population and sustainability of livestock genetic resources as intended in Article 21.
(1) Based on the results of monitoring conducted by functional official or appointed official as intended in Article 40 are known to occur violation of the provisions in this Regulation, Director General of Husbandry on behalf of the Minister, Governor and Regent/Mayor may take administrative action.
(2) Administrative action as intended in paragraph (1) can be:
(3) The imposition of administrative action as intended in paragraph (2) is based on the level of risk resulting from the violations committed.
(4) Implementation of administrative action as intended in paragraphs (2) b, d and e carried out by Director General of Husbandry on behalf of the Minister.
(5) Implementation of administrative action as intended in paragraphs (2) a and c carried out by the Governor or Regent/Mayor in accordance with their respective authorities.
When this Regulation comes into force:
With the enforcement of this Regulation, Decree of the Minister of Agriculture No. 750/Kpts/UM/10/1982 concerning Requirements for the Entry of Livestock Germs from Abroad, the Decree of the Minister of Agriculture No. 752/Kpts/UM/10/1982 concerning Technical Requirements of Dairy Cow Seeds entered from Abroad, while have been provided for in this Regulation is revoked and declared null and void.
This Regulation shall come into force on the date of stipulation.
Stipulated in Jakarta
on January 30, 2008
MINISTER OF AGRICULTURE,
signed,
ANTON APRIYANTONO