Government Regulation No. 7 of 1973 re control on the distribution, storage and use of pesticides

1 Government Regulation of the Republic of Indonesia No. 7 Year 1973 CONTROL ON THE DISTRIBUTION, STORAGE AND USE OF PESTICIDES PRESIDENT OF THE REPUBLIC OF INDONESIA Considering: a. that in the frame of the efforts to increase agricultural produce, pesticides have the very important role; b. that to protect the safety of man, sources of waters, natural fauna and flora resources, and to avoid contamination of environment, it is regarded necessary to issue a Government Regulation concerning the Control on the Distribution, Storage and Use of Pesticides. c. that to implement Law No. 11 year 1972 re Hygiene for Undertakings for Public, it is necessary to issue Government Regulation concerning the Control on the Distribution, Storage and Use of Pesticides. With a view to: 1. Article 5 paragraph (2) of the 1945 Constitution; 2. Ordinance on Dangerous Stuff (O.G. 1949-377); 3. Law No. 2 Year 1951 (Official Gazette of the Republic of Indonesia Year 1951 No. 3) Re Declaring the coming into force of Law on Accident, 1947 No. 33 of the R.I. for the whole Indonesia; 4. Law No. 9 Year 1960 (Official Gazzette of the Republic of Indonesia No. 2068) Re Mainpoints on Hygiene; 5. Law No. 2 Prp Year 1960 (Official Gazette of the Republic of Indonesia Year 1960 No. 14) Re Warehouses; 6. Law No. 11 Year 1972 (Official Gazette of the Republic of Indonesia Year 1962 No 48) Re Hygiene for Undertakings for Public; 7. Law No.6 Year 1967 (Official Gazette of the Republic of Indonesia Year 1967 No. 10, Supplementary Official Gazette of the Republic of Indonesia No. 2824 (Re Basic Provisions on Cattles Breeding and Animals’ Health. 8. Law No. 1 Year 1970 (Official Gazette of the Republic of Indonesia Year 1970 No. 1; Supplementary Official Gazette of the Republic of Indonesia No. 2918) Re Working Safety. HAS DECIDED: To lay down: Government Regulation of the Republic of Indonesia Re Control on the Distribution, Storage and Use of Pesticides. Article1 Meant in this Government Regulation with: a. Pesticides are all chemical stuffs and other materials as well as micro-organism n and virus which are used: To eradicate or prevent pest and disease which destroy plants, parts of plants or agricultural produce; To eradicate weeds; To kill leaf and prevent the unwanted growth; To arrange or stimulate the plant growth or parts of plants, not including fertilizer; To eradicate to or prevent extern pests on domestic animals and cattles; To eradicate or prevent water pests; To eradicate or prevent animals and which may cause disease on man or animal which ought to be using plants, soil or water. b. Distributions as the import-exhort and selling-buying of pesticides in the home country, including its transportation. c. Storage is to own in the stock in the yard or in space used by importer, trader or in agricultural undertaking. d. Use is to use pesticides with or without tool with the purpose as stated under sub a of this Article. e. Applicant is every body of corporate body that submits application for registration and licence of pesticides. Article 2 (1) Every body or corporate body is prohibited to use pesticides which are not registered nor obtaining the permit of Minister of Agriculture. (2) Procedures for the application for the registration and to obtain the permit shall be further regulated by the Minister of Agriculture. 2 (3) The distribution and storage of pesticides shall be a further regulated by Minister of Trade on the proposal of Minister of Agriculture. Article 3 (1) The permit referred to under Article 2 of this Government Regulations is given as permanent permit, pro visional permit or trial permit. (2) The provisional permit and trial permit are given for the period of 1 (one) year. (3) Permanent permit is given for the period of 5 (five) years, with the proviso that the said permit within the said period of time is subject to be reviewed or revoked, if its regarded necessary due to the unwanted side-effect. (4) The reviewing or revoking of permanent permit, provisional permit or trial permit shall be done by Minister of Agriculture. Article 4 (1) The permit is given if the said pesticides are regarded effective, safe and fulfilling other technical requirements and used in accordance with the directives which are inserted in the label. (2) Technical requirements and the giving of label shall be further regulated by Minister of Agriculture. Article 5 (1) For the registration and issuance of permit, cost shall be charged against the applicant, the amount of which shall be fixed by Minister of Agriculture. (2) The cost for the registration and issuance of permit purposes stated under paragraph (1) of this Article should be deposited to the State Finances office. Article 6 Every body or corporate body is prohibited to circulate, store or use pesticides which have obtained the permit, deviating from the directives which are stipulated on the issuance of the permit. Article 7 Every body or corporate body that circulates, stores or uses pesticides should give chance and permit to every official appointed by Minister of Agriculture who is authorized to check on the construction or the space of storage, ways of storage, working safety and hygiene, booking on the out-flow, quality of label, packing and residue. Article 8 Whosoever commits deed which contradicts against the provisions stipulated under Articles 2, 6, 7 and 9 of this Government Regulation, is subject to penalty on the basis .of Article 9 of Law No. 11 Year 1962. Article 9 Everybody or corporate body that circulates and stores pesticide at the moment of the coming into effect of this Government Regulation is obliged to adjust with the provisions of this Government Regulation within the period of 12 (twelve) months. Article 10 Matters which are directly or indirectly related with the safety and hygiene of man shall be regulated by Minister of Health and Minister of Manpower, in accordance with their respective field and competency. Article 11 Meters which are not sufficiently regulated yet in this Government Regulation shall be regulated by Minister of Agriculture and Minister of Trade. 3 Article 12 This Government Regulation comes into effect as from the date of the promulgation. In order that everybody may know, to instruct to promulgate this Government Regulation by insertion in the Official Gazette of the Republic of Indonesia. Sanctioned in Jakarta on March 17, 1973 PRESIDENT OF THE R.I. Promulgated in Jakarta on March 17, 1973 STATE SECRETARY OF THE R. I.