to Indonesian
a. that Regulation of the Minister of Agriculture No. 37/Kpts/HK.060/1/2006 in conjunction with Regulation of the Minister of Agriculture No. 89/Permentan/OT.140/12/2011 and Regulation of the Minister of Agriculture No. 15/Permentan/OT.140/3/2012 decided Technical Requirements and Plant Quarantine Action for the Entry of Fresh Fruits or Fresh Vegetables into Territory of the Republic of Indonesia;
b. that by development of science and technology in the plant quarantine field, actions on the disturbance organism carrier media of free plants from fruit flies, Regulation of the Minister of Agriculture No. 37/Kpts/HK.060/1/2006 in conjunction with Regulation of the Minister of Agriculture No. 89/Permentan/OT.140/12/2011 and Regulation of the Minister of Agriculture No. 15/Permentan/OT.140/3/2012 no longer appropriate;
c. that based on above reasons, it is necessary to regulate Plant Quarantine Action for the Entry of Fresh Fruits or Fresh Vegetables into territory of the Republic of Indonesia;
1. 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);
2. 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 Statute Book of the Republic of Indonesia No. 35);
3. 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. 3817);
4. Law 13 of 2010 concerning Horticulture (Statute Book of the Republic of Indonesia No. 132/2010, Supplement to Statute Book of the Republic of Indonesia No. 5170);
5. 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);
6. 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);
7. Presidential Decree No. 2/1977 in conjunction with Presidential Decree No. 45/1990 concerning Ratification of International Plant Protection Convention 1951;
8. Presidential Decree No. 58/1992 concerning Ratification of Asian Plant Protection Convention;
9. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
9. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesia Cabinet II;
10. Presidential Regulation No. 24/2010 concerning the Positions, Duties, and Functions of State Ministries, as well as Organization Structure, Tasks, and Function of Echelon I;
11. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Organization, and Work Flow of Technical Implementation Unit of Agriculture Quarantine;
13. Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2 /2009 concerning Requirements and Procedures of Plant Quarantine Action on the Entry of Quarantine Plant Disturbance Organism Carrier Media into Territory of the Republic of Indonesia (State Gazette of the Republic of Indonesia No. 35/2009);
14. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10 /2010 concerning Organization and Work Flow of Ministry of Agriculture;
15. Regulation of the Minister of Agriculture No. 88/Permentan/PP.340/12/2011 concerning Food Safety Control on the Import and Export of Fresh Fruit of Plants Origin (State Gazette of the Republic of Indonesia No. 842/2011);
16. Regulation of the Minister of Agriculture No. 93/Permentan/OT.140/12/ 2011 concerning Kinds of Quarantine Plants Disturbance Organism (State Gazette of the Republic of Indonesia No. 6/2012);
17. Regulation of the Minister of Agriculture No. 94/Permentan/OT.140/12/ 2011 concerning Entry and Release Places for Carrier Media of Quarantine Animal Diseases and Quarantine Plants Disturbance Organism (State Gazette of the Republic of Indonesia No. 7/2012);
1. WTO Notification No. G/SPS/N/IDN/24 dated May 18, 2005;
2. WTO Notification No. G/SPS/N/IDN/46 dated May 7, 2012;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING PLANT QUARANTINE ACTION FOR THE ENTRY OF FRESH FRUITS OR FRESH VEGETABLES INTO TERRITORY OF THE REPUBLIC OF INDONESIA
In this Regulation:
1. Fresh Fruits or Fresh Vegetables are fruits or vegetables plants crop in the form of fleshy fruit, either whole or parts that have not been processed into processed materials, which still has potential as carriers of plant pests of quarantine;
2. Quarantine Plant Disturber Organisms hereinafter called OPTK are all plant disturber organisms stipulated by the Minister of Agriculture to be prevented as of its entry into and its spreading into the Territory of the Republic of Indonesia.
3. Plant Healthy Certificate (Phytosanitary Certificate) is a statement letter made by the authorized official from origin or transit country that state Fresh Fruits or Fresh Vegetables are free from OPTK and had met requirements of stipulated Plant Quarantine and/or declaring other required information.
4. Entry Places are sea-ports, river-ports, ferry-ports, airports, post offices, border posts with other countries and other important places, stipulated as places for the entrance of carrier media of plant disturber organisms.
5. Plant Quarantine Officials hereinafter called Quarantine Officials are certain Government employees assigned the duty to carry out Plant Quarantine actions based on prevailing legislations.
6. Fresh fruits and/or Fresh Vegetables Owner or its proxy, hereinafter called Owner or its Proxy are a person or legal entity owned and/or responsible on the entry of Fresh Fruits and/or Fresh Vegetables.
(1) This regulation is intended as a basis for the entry of Fresh Fruit and Fresh Vegetables into the territory of the Republic of Indonesia and the implementation of plant quarantine action.
(2) The purpose of this regulation is to prevent the entry of OPTK of fruit flies kind into the territory of the Republic of Indonesia and meet the safety of fresh food plant origin.
The scope of this regulation includes plant quarantine action and Entry Places.
(1) Entry of Fresh Fruits or Fresh Vegetables into territory of the Republic of Indonesia can be derived from the production area in the country of origin is free or not free from fruit flies infestation.
(2) The production areas in the country of origin are free from fruit flies infestation as intended in paragraph (1) are determined by the Head of Agricultural Quarantine Agency on behalf of the Minister in the form of Decree.
(3) The procedure for the determination of a production areas in the country of origin are free from fruit flies infestation as intended in paragraph (2), conducted under the provisions of the legislation.
(1) In case of the entry of Fresh Fruit or Fresh Vegetable into the territory of the Republic of Indonesia as intended in Article 4 are from the production areas in the country of origin are not free from fruit flies infestation must meet the technical requirements.
(2) The technical requirements as intended in paragraph (1) in the form of the treatment action according to the type of Fresh Fruits or Fresh Vegetables.
(3) The treatment as intended in paragraph (2) is to prevent infestation of fruit flies on Fresh Fruits or Fresh Vegetables.
Types of Fresh Fruits or Fresh Vegetables, fruit flies, and treatment as listed in the attachment as an integral part of this Regulation.
(1) Entry of Fresh Fruits or Fresh Vegetables as intended in Article 4 in addition to the technical requirements as intended in Article 5 shall meet the requirements of the safety of fresh food plant origin.
(2) Food safety requirements as intended in paragraph (1) to comply with legislation in the field of safety of fresh food plant origin.
(1) Fresh Fruits or Fresh Vegetables that are entered into the territory of the Republic of Indonesia, shall:
(2) Plant Healthy Certificate as intended in paragraph (1) a shall contains the statement of:
(3) The statement as intended in paragraph (2) a, is necessary for the entry of Fresh Fruits or Fresh Vegetables from the production area in the country of origin is free from fruit flies infestation, and is expressed in the additional information column (additional declarations).
(4) The statement as intended in paragraph (2) b, is necessary for the entry of Fresh Fruits or Fresh Vegetables from the production area in the country of origin is not free from fruit flies infestation, and is expressed in the treatment column.
(1) The owner or its proxy shall report and deliver Fresh Fruit and/or Fresh Vegetables to the Quarantine Official at the entry place.
(2) The report as intended in paragraph (1) is made no later than the arrival of Fresh Fruits and/or Fresh Vegetables in the Entry Place, equipped with the required documents.
(1) Quarantine official conduct administrative checking action against the required documents to determine completeness, correctness, and validity of the document.
(2) In case of administrative checking of the Plant Healthy Certificate as intended in paragraph (1), the Fresh Fruit or Fresh Vegetables from the production area:
performed rejection
In case of administrative checking as intended in Article 10 proved:
(1) The medical examination as intended in Article 11 b made to detect the possible presence of OPTK and to know the physical condition of Fresh Fruits or Fresh Vegetables.
(2) In case of medical examination as intended in paragraph (1), proved:
(3) Clearance as intended in paragraph (2) c, can be done if the Fresh Fruits or Fresh Vegetables comply with laws and regulations in the field of safety of fresh food plant origin.
Actions of administrative checking, medical examination, detention, rejection, treatment, destruction, and clearance as intended in Article 10, Article 11, and Article 12 are carried out in accordance with statutory regulations.
(1) Entry places of Fresh Fruits and Fresh Vegetables as intended in Article 8 paragraph (1) b, consisting of:
(2) In addition to entry places as intended in paragraph (1), Entry Places determined under legislation in the Free Trade Zone and Free Port Area can be used as Entry Places for the entry of Fresh Fruits and Fresh Vegetables.
(3) Entry of Fresh Fruits and Fresh Vegetables through Entry Places as intended in paragraph (2) can be done only to meet consumption needs and are prohibited from circulation outside the Free Trade Zone and Free Port Area.
(4) Provision on the Entry Places as intended in paragraph (1) shall not apply to the entry of Fresh Fruit or Fresh Vegetables from the production areas that are free of fruit flies infestation in the country of origin as intended in Article 4, or countries that have recognized the food safety system.
Production area in the country of origin is free from infestation of fruit flies that have been established before this Regulation still remain in force as long as not contrary to this Regulation.
With the enactment of this Regulation, Regulation of the Minister of Agriculture No. 37/Kpts/HK.060/1/2006 in conjunction with Regulation of the Minister of Agriculture No. 89/Permentan/OT.140/12/2011 and Regulation of the Minister of Agriculture No. 15/Permentan/OT.140/3/2012 shall be revoked and declared null and void.
This Regulation shall come into force on June 19, 2012.
For public cognizance, this Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on June 13, 2012
MINISTER OF AGRICULTURE,
signed,
SUSWONO
STATE GAZETTE OF THE REPUBLIC OF INDONESIA No. 631/2012