Minister of Agriculture Regulation No. 43/Permentan/OT.140/6/2012 on Action Plant Quarantine for Importing Bulbs of Fresh Vegetables into the Territory of the Republic of Indonesia

MINISTER OF AGRICULTURE REGULATION NUMBER: 43/Permentan/OT.140/6/2012 REGARDING ACTION PLANT QUARANTINE FOR IMPORTING BULBS FRESH VEGETABLES INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA BY THE GRACE OF GOD ALMIGHTY THE MINISTER OF AGRICULTURE, Considering : a. b. c. that the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 jis Minister of Agriculture Regulation No. 90/Permentan/OT.140/12/2011, and the Minister of Agriculture No. 16/Permentan / OT.140/3/2012 set terms and Plant Quarantine Measures for Inclusion Results Plant Life Form Fresh Vegetables Bulbs into the Territory of the Republic of Indonesia; that with the development of science and technology to the field of plant quarantine treatment of carrier-free plant pests of quarantine plant pests, the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 conjunction with the Minister of Agriculture No. 90/Permentan / OT.140/12/2011 and Regulation of the Minister of Agriculture No. 16/Permentan / OT.140/3/2012 no longer appropriate; that on the basis of the above, it is necessary to set Plant Quarantine Measures for Importation of Fresh Vegetables Bulbs Into Territory of the Republic of Indonesia; Taking Into Account of : 1. 2. 3. Law No. 16 of 1992 concerning Animal, Fish and Plant (Republic of Indonesia Year 1992 Number 56, Supplement to the Republic of Indonesia Number 3482); Law No. 7 of 1994 on Ratification of the Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization) (State Gazette of the Republic of Indonesia Year 1994 Number 57, Supplement to State Gazette of the Republic of Indonesia No. 35); Act No. 7 of 1996 on Food (Republic of Indonesia Year 1996 Number 99, Supplement to State Gazette of the 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Republic of Indonesia Number 3817); Act No. 13 of 2010 on Horticulture (Republic of Indonesia Year 2010 Number 132, Supplement to the Republic of Indonesia Number 5170); Government Regulation No. 14 of 2002 on Plant Quarantine (State Gazette of the Republic of Indonesia Year 2002 Number 35, Supplement to State Gazette of the Republic of Indonesia Number 4196); Government Regulation No. 28 Year 2004 on Safety, Quality and Nutrition (State Gazette of the Republic of Indonesia Year 2004 Number 107, Supplement to State Gazette of the Republic of Indonesia Number 4424); Presidential Decree No. 2 of 1977 in conjunction with Presidential Decree No. 45 Year 1990 on Ratification of the International Plant Protection Convention 1951; Presidential Decree No. 58 Tahun1992 on Ratification Asian Plant Protection Convention; Presidential Regulation No. 47 of 2009 on the Establishment and Organization of Ministry; Presidential Decree No. 84 / P of 2009 on the establishment of the United Indonesia Cabinet II; Presidential Regulation Number 24 Year 2010 concerning the status, duties, and functions of the Ministry of State, and Organizational Structure, Duties and Functions echelon; Regulation of the Minister of Agriculture No. 22/Permentan / OT.140/OT.140/4/2008 on the Organization and Administration of Agricultural Quarantine Technical Unit; Regulation of the Minister of Agriculture Decree on Conditions and Procedures 09/Permentan/OT.140/2/2009 Plant Quarantine Measures Against Importation Carrier Plant Pest Quarantine Organisms Into the Territory of the Republic of Indonesia (State Gazette of the Republic of Indonesia Year 2009 No. 35); 14. 15. 16. 17. Regulation of the Minister of Agriculture No. 61/Permentan / OT.140/10/2010 about the Organization and Administration of the Ministry of Agriculture; Regulation of the Minister of Agriculture No. 88/Permentan / PP.340/12/2011 Food Safety Inspection Revenue and Expenditure Against Fresh Food of Plant Origin (State Gazette of the Republic of Indonesia Year 2011 No. 842); Regulation of the Minister of Agriculture No. 93/Permentan / OT.140/12/2011 about Organism Type Plant Pest Quarantine (State Gazette of the Republic of Indonesia Year 2012 No. 6); Regulation of the Minister of Agriculture No. 94/Permentan / OT.140/12/2011 on Premises Revenue and Expenditure Carrier Plant Pest Quarantine Organisms (Official Gazette of the Republic of Indonesia Year 2012 No. 7); Recognizing : 1. 2. WTO Notification No. G/SPS/N/IDN/37 dated October 26, 2007, WTO Notification No. G/SPS/N/IDN/47 dated May 7, 2012; HAS DECIDED: To lay down : MINISTER OF AGRICULTURE REGULATIONS PLANT QUARANTINE FOR IMPORTING BULBS FRESH VEGETABLES INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA. CHAPTER I GENERAL PROVISIONS Article 1 For the purpose of this Government Regulation : 1. Root vegetables Fresh here in after Bulbs are plants that form part of the bulb (bulb) is included in the Allium family, either whole or parts that have not been processed into refined materials. 2. Plant Pest Quarantine Organisms here in after referred quarantine pest plant pests are all appointed by the Minister of Agriculture to be prevented from being introduced into and spread within the territory of the Republic of Indonesia. 3. Plant Health Certificate (Phytosanitary Certificate) is a certificate issued by the competent authorities of the country of origin or transit countries stating Bulbs free of quarantine pest and plant quarantine requirements set forth and / or other information expressed are needed. 4. Inclusion is the place seaports, river ports, ferry ports, airports, post offices, border posts with other countries, defined as a place to put the carrier plant pests. 5. Plant quarantine officer is a civil servant who was given the task to carry out plant quarantine measures based on legislation in force. 6. The owner or his proxy Bulbs here in after referred owner or his proxy is a person or legal entity that owns and / or is responsible for the importation results in the form of vegetable plant life of fresh bulbs. Article 2 (1) This rule is intended as a basis for inclusion Bulbs into the territory of the Republic of Indonesia and the implementation of plant quarantine measures. (2) This regulation aims to prevent the introduction of quarantine pest into the territory of the Republic of Indonesia and meet the food safety of fresh plant origin. Article 3 The scope of this rule include plant quarantine measures and import place. CHAPTER II QUARANTINE REQUIREMENTS Article 4 (1) Revenue Bulbs into the territory of the Republic of Indonesia can be derived from the production area in the country of origin that is free or not free from quarantine pest infestation. (2) Bulbs referred to in paragraph (1) shall be free of roots, leaves, and particles of soil / compost. Article 5 (1) Production area in the country of origin is free from quarantine pest infestations as referred to in Article 4, determined by the Head of Agricultural Quarantine Agency on behalf of the Minister in the form of Decision. (2) The procedure for determining a production area in the country of origin is free from quarantine pest infestation as described in paragraph (1), carried out under the provisions of the legislation. Article 6 (1) In terms of Bulbs comes from the production area in the country of origin is not free from quarantine pest infestations as referred to in Article 4, the action in the form of fumigation or irradiation treatment. (2) Type Bulbs, OPTK and treatment referred to in paragraph (1) as contained in the annex as an integral part of this Regulation. Article 7 (1) Entered Bulbs referred to in Article 4 and Article 6, must comply with the requirements of the food safety of fresh plant origin. 5 (2) Food safety requirements referred to in paragraph (1) to comply with laws and regulations in the field of food safety of fresh plant origin. CHAPTER III PLANT QUARANTINE ACTION Article 8 (1) Bulbs are imported into the territory of the Republic of Indonesia, shall: a. Plant Health Certificate comes from the countries of origin and transit, b. Entered through a specified place and c. Reported and handed over to the Quarantine Officer at The Entry for plant quarantine purposes. (2) Plant Health Certificate referred to in paragraph (1) letter a, for inclusion Bulbs derived from the production area in the country of origin is free from quarantine pest infestation, shall include a statement that: a. derived from the production area that is free of quarantine pest infestations, and b. free of roots, leaves and soil particles / compost. (3) Plant Health Certificate referred to in paragraph (1) letter a, for Bulbs derived from the production area in the country of origin is not free from quarantine pest infestation, shall include a statement that: a. action has been taken in the form of fumigation or irradiation treatment, and b. free of roots, leaves and soil particles / compost. (4) The statement referred to in paragraph (2), and paragraph (3) letter b is expressed in the column additional information (additional declaration). (5) The statement referred to in paragraph (3) letter a, is expressed in the column treatment. Article 9 (1) The owner or his proxy shall report and submit to the Bulbs Entry Quarantine Officer in place. (2) The report referred to in paragraph (1) shall not later than at the time of arrival at the place Bulbs Lapis Importation, equipped with the required documents. Article 10 (1) Quarantine officers act administrative inspection of the documents required to determine the completeness, correctness and validity of the document. (2) In the case of administrative examination referred to in paragraph (1) of the Plant Health Certificate, proved not to include the statement: a. derived from the production area in the country of origin is free from quarantine pest infestations, free of roots and leaves, and free of particles soil / compost as referred to in Article 8, or 6 b. action has been taken treatment, free of roots and leaves, and free of particles soil / compost as referred to in Article 8; shall be refused. Article 11 In case the result of administrative checks referred to in Article 10 proved: a. incomplete, detention, b. complete, valid and correct, the health examination. Article 12 (1) The medical examination referred to in Article 11 paragraph b done to detect the possibility of a quarantine pest and know the physical condition Bulbs. (2) In the case of medical examination referred to in paragraph (1), Bulbs proved: a. not free OPTK group I, rotten or damaged, of destruction; b. not free from roots, leaves, or particles of soil / compost, refusal, c. not free OPTK class II, performed the treatment, or d. quarantine pest free, roots, leaves, and particulate soil / compost shall be released. (3) Exemption referred to in paragraph (2) letter d, it can be done if the tuber has complied with laws and regulations in the field of food safety of fresh plant origin. Article 13 The inspection of administrative, medical examination, detention, denial, treatment, destruction and the release referred to in Article 10, Article 11 and Article 12 in accordance with laws and regulations. CHAPTER IV THE SUBMISSION Article 14 (1) Entered place for Plywood Bulbs referred to in Article 8 paragraph (1) letter b, consisting of: a. Sea port of Tanjung Perak, Surabaya, b. Seaport Belawan, Medan, c. Soekarno-Hatta Airport, Jakarta, and d. Seaport Soekarno-Hatta, Makassar. (2) In addition to The Submission as described in paragraph (1), The Income determined under the rules of legislation in the Free Trade Zone and Free Port can be used as a place Entered Bulbs Lapis. (3) Revenue Revenue Place Bulbs with paragraph (2) can be done only to meet the needs of consumption and circulation is prohibited outside the Free Trade Zone and Free Port. (4) The importation provisions referred to in paragraph (1) shall not apply to income derived from Bulbs free production area quarantine pest infestation in your home country as defined or referred to in Article 5 states that have recognized food safety system. CHAPTER V FINAL PROVISIONS Article 15 With the entry into force of this Regulation, Regulation of the Minister of Agriculture No. 18/Permentan/OT.140/2/2008 jis Minister of Agriculture Regulation No. 90/Permentan/OT.140/12/2011, and the Minister of Agriculture No. 16/Permentan / OT.140 / 3/2012 is revoked and declared void. Article 16 This Regulation comes into force on June 19, 2012. For public cognizance, this Regulation of the Minister of Agriculture promulgated by placing it in State Gazette of the Republic of Indonesia. Issued in Jakarta on the 13th of June, 2012 The Minister of Agriculture, sgd SUSWONO Promulgated in Jakarta on MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, AMIR SYAMSUDIN NEWS OF THE REPUBLIC OF INDONESIA YEAR 2012