Regulation of the Agriculture Minister No. 70/Permentan/SR.140/10/2011 on organic fertilizer, bio fertilizer and soil conditioner

4& GOVERNMENT REGULATIONS ORGANIC FERTILIZER BIO FETILIZER AND SOIL CONDITIONER (Regulation of the Agriculture Minister No. 70/Permentan/ SR.140/10/2011 dated October 25, 2011) BY THE GRACE OF GOD ALMIGHTY THI: AGRICULTURE MINISTER OF THE REPUBLIC OF INDONESIA, 1. Law No. 12/1992 on Plant Farming System (Stat­ ute Book of 1992 No. 46, Supplement to Statute Book No. 3478); 2. Law No. 8/1999 on Consumer Protection {Stat Considering : ute Book of 1999 No. 42, Supplement to Statute a. tltal !Jy Aeyul;jllOn ur tht: Ay1i1,;ullurt: Mi11il:iler Nu. Bouk No. 38211; 28/Permentan/SR.130/5/2009, organic fertilizer, 3. Law No. 32/2009 on Environmental Protection bio fertilizer and soil cond1tioner have been stipu- and Management (Statute Hook of 2009 No.144, lated; Supplement to Statute Book No. 5063); b. that to protect the environment, biodiversity and 4. Government Regulation No. 85/1999 on Amend consumers/users, and give business certainty to ment to Government Regulation No. 18/1999 on producers of organic fertilizer, bio fertilizer and Hazardous and Toxic Waste Management (Stat soil conditioner circulated in the territory of the ute Book of 1999 No. 190, Supplement to Stat Republic of Indonesia they must meet quality ute Book No. 3910); standard and their effectiveness must be guaran- 5. Government Regulation No. 102/2000 on Na teed; tional Standardization (Statute Book of 2000 No. c. that in line with a change in the organizational 199, Supplement to Statute Book No. 4020); structure at the Agriculture Ministry, and devel- 6. Government Regulation No. 8/2001 on Plant opments in science and technology, it is neces- Farming FertilizerlStatute Book of 2001 No. 14, sary to improve services and give certainty in Supplement to Statute Book No. 4079); issuing registry numbers of organic fertilizer, bio 7. Government ReQulation No. 58/2001 on Devel fertilizer and soil conditioner; opment and Supervision of Consumer Protection d. that based upon the considerations above. it is (StAtutP. Book of ?001 No.10~. Supplement to necessary to review Regulation of the Agriculture Statute Book No. 4126); Minister No 28/Permentan/SR.1 30/5/2009; 8. Government Regulation No. 49/2002 on Tariffs of Non-Tax State Revenues at the Agriculture Minis In view of try (Statute Book of 2002 No. 92, Suµplt:111e11t tu Business News 828417-W-zarz GOVEIUIMEI-IT REGULATIONS Statute Book No. 4224) adj. Government Regula­ tion No. 7/2004 (Statute Book of 2004 No. 14, Supplement to Statute Book No. 4362); 9. Government Regulation No. 21 /2005 on Bio Se­ curity of Genetic Engineering Products (Statute Book of 2005 No. 44, Supplement to Statute Book No. 4498); 10. Presidential Decree No. 84/P/2009 on the Forma­ tion of United Indonesia Cabinet II; 11. Presidential Regulation No. 47/2009 on Forma­ tion and Oq:1anization of State Ministries; 12. Presidential Regulation No. 24/2010 on the Posi­ tion. Tasks and Functions of State Ministries and the Organizational Structure, Tasks and Functions of First Echelon Officials at State Min'1str'1es; 13. Decree of the Agriculture Minister No. 797 /Kpts/ TP.830/10/1984- on the Entry of Plant Growing Media into the Territory of the Republic of Inda nesia; 14. Regulation of the Agriculture Minister No. 58/Per­ me11Lc1r1/0T.140/8/2007 on Lhe lmplerrieritc1tio11 of National Standardization System in the Agri­ cultural Sector; 15. Regulation of the Agriculture Minister No. 61 / Permentan/OT. 140/ 10/201 0 on the Organization and Work Mechanism of the Agriculture Ministry; DECIDES To stipulate : REGULATION OF THE AG RI CULTURE MINISTER ON ORGANIC FERTILIZER, BIO FERTILIZER AND SOIL CONDITIONER. CHAPTER I GENERAL PROVISIONS Article 1 Referred to in this Regulation as 1. Organic fertilizer is fertilizer originating from dead plant, animal waste and/or parts of animal and/or other organic waste through engineering process, in solid or liquid form, enriched with minerals and/ or microbe, useful to increase nutrient content and soil organic materials and to improve physi­ cal, chemical and biological characteristics of soil. 2. Bio fertilizer is an active biological product con­ sisting of microbe capable of improving fertilizing efficiency, fertility and health of soil. 3. Snil ronditioner is synthPt'1c and/nr nat11ral mAtPr1 als, organic and/or mineral in solid and/or liquid form capable of improving the physical, chemical and biological characteristics of soil. 4. Organic fertilizer formula is the composition of or­ ganic and mineral materials forming organic fertil­ izer. 5. Bio fertilizer formula is the composition of m1 crobes/m1crofauna and b10 tert1l1zer compos,ng carriers. 6. Soil conditioner formula is the composition of synthetic organic and/or natural, synthetic min­ eral and/or natural materials composing soil con­ ditioner. 7. Special formula is organic fertilizer formula, bio fertilizer formula and/or soil conditioner formula specially ordered by users not for free circulation. 8. Organic fertilizer formula engineering is a set of engineering activities, chemically, physically and/ 47 48 GOVERNMENT GULATIONS or biologically, to produce organic fertilizer for­ mula. 9. Bio fertilizer formula engineering is a set of bio fertilizer engineering activities, chemically, physi­ cally and/or biologically, to produce bio fertilizer formula. 10. Soil conditioner formula engineering is a set of soil conditioner engineering activities, chemically, physically and/or biologically, to produce soil con­ ditioner formula. 11. Organic fertilizer quality test is an analysis of nu­ trient content, heavy metal elements and patho­ gen microbes carried out at a laboratory accord­ ing to the specified quality conditions. 1 2. Bio fertilizer quality test is rin anrilysis of tyri­ cal content, population and function of microbe/ microfauna as well as pathogenity at a laboratory according to the specified quality conditions. 13. Soil conditioner quality test is an analysis of main gradient content and active materials and/ or heavy metal elements or other elements in soil conditioner carried out at a laboratory according lo the ::;µecified quality com.litions. 14. Certificate of quality test is a written guarantee given by an accredited agency w cen:ify that the product has met the specified quality standard. 15. Certificate of quality 1s a written statement given by a quality test agency to certify that the prod­ uct has met the specified quality standard. 16. Quality standard is a parameter set by the Na­ tional Standardization Body in the form of SNI or that set by the Agriculture Minister in the form of minimum technical conditions. 1 7. Organic fertilizer effectiveness test is a spot or greenhouse test to know the effect of organic fer­ tilizer on the growth and/or productivity of plant, the efficiency of fertilizing, or the improvement of soil fertility. 18. Bio fertilizer effectiveness test is a spot or green­ house test to know the effect of bio fertilizer on the growth and/or productivity of plant, efficient fertilizing, or the improvement of soil fertility or soil health. 19. Soil conditioner effectiveness test is a laboratory and/or greenhouse or spot test to know the effect of soil conditioner on the improvement of physical and/or chemical and/or biological characteristics of l;md and thP. productivity of plant. 20. Minimum technical conditions of organic fertilizer, bio fertilizer and soil conditioner are the quality standards required and set by this regulation. 21. Procurement of organic fertilizer, bio fertilizer and soil conditioner is the supply of locally- or foreign­ made organic fertilizer, bio fertilizer ond soil con­ ditioner. 22. Circulation is an activity or a set of activities to distribute organic fertilizer, bio fertilizer and/or soil conditioner in the domestic market, either for a commercial or non-commercial purpose. 23. Use is an activity carried out by users to use or­ ganic fertilizer, bio fertilizer and/or soil condition­ er. (S) 24. Written .... to be cotinued Business News 81841720 1012 GOVERNMENT REGULATIONS ORGANIC 'FERTILIZER BIO FETILIZER AND SOIL CONDITIONER (Regulation of the Agriculture Minister No. 70/Permentan/ SR.140/10/2011 dated October 25, 2011) [Continued from Business News No. 8284 page 46-48) 23. Use is an activity carried our by users to use or­ ganic ferf1lizer, b·,o tertil'rzer and/or soil condition er. 24. Written recommendation is a statement issued by an effectiveness test institute based upon the results of effectiveness test. 25. Director General is the Director General of Agri­ cultural Facilities and Infrastructures. 26. Head of the Center is the Head of the Center for Plant Variety Protection and Agricultural Licenc­ ing. Article 2 ( 1) This regulation is aimed at laying a legal basis for the procurement, registration, circulation, use and control of organic fertilizer, bio fertilizer and/ or soil conditioner. (2) The aim of the control is to protect sustainable environmental function, land biodiversity, and consume rs/users and to give business certainty to producers of organic fertilizer, bio fertilizer and/ or soil conditioner. Article 3 ( 1) The scope of this regulation covers procurement, registration requirements, registration procedure, registration tees and test institute, test institute, circulation, use, supervision, obligations, develop­ ment and sanctions. (2) Organic fertilizer for organic food system is not governed in this regulation. Article 4 (1) Organic fertilizer formula, bio fertilizer formula and/or soil conditioner formula that will be pro­ duced and circulated in the interest of the agri­ cultural sector must meet quality standard, guar­ antee their effectiveness, have labels and be registered by the Minister. (2) The Director General on behalf of the Minister shall issue registration numbers as referred to in para (1 ). CHAPTER II PROCUREMENT Article 5 (1) The procurement of organic fertilizer, bio fertil­ izer and/or soil conditioner can be done th rough domestic production or import. (2) The organic fertilizer, bio fertilizer and/or soil con­ ditioner as referred to in para ( 1) shall meet the Indonesian National Standard (SNI) or minimum GOVERNMENT REGULATIONS II. ARTICLE BY ARTICLE Article 1 Point l up to 1-'01n1.\ 6 Sufficiently c0lear Point 7 "Not securing compensation directly" means the payment of regional tax may not be granted direct compensation in the term of confr.a achievement for individual or body, but collectively. Point 8 and Point 9 Sufficiently clear Point 10 Catering service means a business serving in the field of food, dish and meal. Catering means a business serving order or supplying dish for party, meeting and others for the need of the ordering part Point 11 Sufficiently clear Article 2 Sufficiesitly clear I I Article 3 Paragraph (1) Sufficiently clear Paragraph (2) The definition ·consumed in other place" includes take away/delivery order service and other service in whatever form by restaurant, foodstall, caf­ eteria, bar, catering service and the like. Paragraph (3) up to Article 5 Sufficiently clear Article 6 "Payment or should be paid" is a sum, which ·,s received or should be received as compensation for the provision of service as the payment for restaurant management. In the case of catering service, the pay­ ment is the moment when the payment is received by catering service provider from the ordering party. Article 7 up to Article 14 Sufficiently clear SUPPLEMENT TO THE REGION PROVINCE JAKARTA SPECIAL CAPITAL REGION NUMBER 25 (R) 31 GOVERNMENT REGULATIONS technical conditions and their effectiveness can be guaranteed. (3) The foreign-made organic fertilizer, bio fertilizer and/or soil conditioner as referred to in para ( 1) shall not only meet the quality standard and guar­ antee their effectiveness as referred to in para (2) but also pass an environmental risk test. (4) Bio fertilizer containing transgenic microbe shall not only meet the quality standard and guarantee their effectiveness as referred to in para (2) but also follow the law and regulation concerning the bio security of genetically-engineered products. (5) The procurement of organic fertilizer, bio fertil­ izer and/or soil conditioner as referred to in para ( 1) shall be done by corporate bodies engaged in agricultural production facilities. Article 6 ( 1) Corporate bodies that will produce organic fertil­ izer, bio fertilizer and/or soil conditioner shall se­ r.1irf' ;i f)P.rmit from thf' rPgf'nt/maynr cnnr.ernPrl. (2) The regent/mayor shall consider the law and regu lation in the industrial field in issuing the permit as refer red to in para ( 1 ) . Article 7 ( 1) The organic fertilizer, bio fertiliz:er and/or soi! i,on­ ditioner produced as referred to in Article 6 shall originate fron, organic fertili:c.er funnulc1, l:Jiu fertil­ izer formula and/or soil conditioner formula result­ ing from engineering. (2l The organic fertilizer formula, bio fertilizer formula and/or soil conditioner formula as referred to in para ( 1) shall meet quality standard and guaran­ tee their effectiveness as referred to in Article 5 para (2). (3) The minimum technical conditions as referred to in Article 5 para (2) shall be as contained in At­ tachment I which is an integral part of this regula­ tion. Article 8 ( 1) The import of organic fertilizer, bio fertilizer and/ or soil conditioner to the territory of the Repub­ lic of Indonesia as referred to in Article 5 para ( 1) can be done by corporate bodies engaged in agricultural production facilities after securing a permit according to the law and rngulation. (2) The import of organic fertilizer·, bio fertilizer and/ or soil conditioner as referred to in para ( 1) shall follow the law and regulation concerning agricul­ tural quarantine. CHAPTER Ill REGISTRATION REQUIREMENTS Article 9 (1) To obtain registration numbers as referred to in Article 4, applications for the registration of or­ ganic fertilizer formula, bio fertilizer formula and/ or soil conditioner formula 5hall be accompa11ied with: c1. article!; of incorporation c1nd revisions; b. trade permit (SIUP) and/or trade registration certificate (TDUP) and/or investment permit; c. taxpayer code number (NPWP}; d. certificate oi domici\e/res·1dent's identification 33 34 GOVERNMENT RtGULATIONS card (KTP); e. statement from the party entitled to sign doc­ uments within the framework of registration and licencing; f. concept of package label; g. certificate of brand registration/certificate of brand from the authorized agency; and h. SNI certificate, for fertilizer that has received a SNI certificate from the National Standardiza­ tion Board (BSN). (2) The registration of organic fertilizer, bio fertilizer and/or soil conditioner as referred to in para (1) shall be done by the owners of the related formu­ las or their proxies. Article 10 ThP. n::ir.kngP. l::ihP.I ,is rP.fP.rrP.rl to in Artir.lP. 4 para ( 1) shall be written in Indonesian language con­ taining at lea st a. trade name; b. registration number; c. nutrient content (especially for fertilizer), with the tolerable limit set in this regulation as attached; d. net content or weight; e. circulation period; f. name and address of producer or importer; y. date, month and year of production; h. directives for use; i. active materials and aim of use (especially tor soil conditioner). Article 11 ( 1) Organic fertilizer, bio fertilizer a11d(or soil cond·1 tioner registered shall have own name serving as the identity of each formula to be circulated. (2) One organic fertilizer formula, bio fertilizer formula and/or soil conditioner formula must not be regis­ tered by the applicant using formula trade name/ brand which is the same or almost the same as the other registered trade name/formula and shall only use one formula trade name/brand. (3) The naming as referred to in para ( 1) shall meet the following conditions: a. not related to the name of element showing organic fertilizer formula, bio fertilizer formula and/or soil conditioner formula; b. any naming of organic fertilizer formula, bio fertilizer formula and/or soil conditioner for­ mula registered shall carry evidence of brand rP.gistration frnm thP. c:iuthorizP.rl 8QP.nr.y ;;ir.­ cording to the law and regulation concerning intellectual property rights (HKI); and c. the naming of formulas shall not use agitating words such as "powerful", "excellent", "su per" or "effective" CHAPTER IV PROCEDURE OF REGISTRATION Part One Application for Registration Article 12 Applications tor the registration of organic fertilizer, bio fertilizer and/or soil conditioner shall be filed in writing to the Director General through the Head of the Center by enclosing administrative re­ quirements as referred to ·m Art'1cle 9 using form of , GOVERNMENT REGULATIONS model-1 as contained in Attachment I which is an integral part of this regulation. Article 13 ( 1) No later than 3 (three) working days after receiv­ ing the appl"lcations as referred to in Article 12 the Head of the Center shall have checked the completeness of the qualifications as referred to in Article 9 and reject or accept the applications. (2) The applications as referred to in para ( 1) are re­ jected if they still lack the qualifications as re­ ferred to in Article 9. (3) The Head of the Center shall convey a decision on the rejection of the applications as referred to in para (2) to the applicants, along with reasons for the rejection in writing using form model-2 as contained in Attachment Ill which is an integral part of this regulation. (4) The applications as referred to in para ( 1) are ac­ cepted if the qualifications as referred to in Article 9 are met. (5) The Head of the Center shall later convey in writ­ ing the applications accepted as referred to in para (4) to the Director General for technical process using form model-3 as contained in Attachment IV which is an integral part of this regulation. Part Two Test Article 14 (1 J No later than 3 (three) working days after accept­ ing the applications as referred to in Article 13 para (5), the Director Genera shall issue a deci sion to the applicants to conduct a quality test using form model-4 as contained in Attachment V which is an integral part of this regulation. (2) The quality test as referred to in para ( 1) is done by an accredited or appointed institute as con­ tained in Attachment VI which is an integral part of this regulation. (3) In carrying out the quality test as referred to in para (2) the test institute shall follow the standard method as contained in Attachment VII which is an integral part of this regulation. (4) The test laboratory shall convey the results of the quality test as referred to in para (3) to the Director General, with a copy addressed to the applicant, to conduct technical assessment of the results of the quality test according to the SNI requirements or minimum technical conditions of organic fertilizer, bio fertilizer and/or soil condi­ tioner as contained in Attachment VIII which is an integral part of this regulation. (5) The Director General shall conduct the technical assessment as referred to in para (4) no later than 3 (three) workinq days. Article 15 ( 1) Organic fertilizer formula, bio fertilizer formula ,mrl/nr snil r.nnditinnP.r formula thrit have rer.eived SNI certificates are not subject to a quality test as referred to in Article 14. (2) To obtain registration numbers for organic fer­ tilizer formula, bio fertilizer formula and/or soil conditioner formula that have received SNI cer­ tificetes as referred to in para ( 1) the applicants l6 GOYERNMfNT REGULATIONS shall enclose SNI certificates according to the law and regulation, Article 16 ( 1) If the technical assessment of the results of qual­ ity test as referred to ·1n Article 14 para (5) does not meet qualifications, the Director General shall notify in writing the applicants through the Head of the Center, alonq with reasons usinq form model-5 as contained in Attachment IX which is irn integral part of this regulation and later the ap­ plicants can apply for a repeat quality test. (?) If the technical assessment of the results of q11r1l­ ity test as referred to in Article 14 para (5) meets qualifications, the Director General shall issue a decision to the applicants to conduct an etfec tivcncss test using form model 6 os contoincd in Attachment X which is an integral part of this regulation. (3) The effectiveness test as referred to in para (2) sliall IJe cu11ducLed by 1:111 efrer.:tiver1ess tesl ir1sli­ tute as contained in Attachment XI which is an imegral part of this regulation. {4) In conducting the effectiveness test, the effec­ tiveness test institute as reterred to in para (:i) shall follow a standard method as contained in Attachment XII which is an integral part of this regulation. (5) The test institute shall convey a report on the re­ sults of effectiveness test and recommendations for an effectiveness test to the Director General to conduct technical assessment of the results ot eHectiveness test according to provisions on the passing effectiveness test of organic fertilizer, bio fertilizer and/or soil conditioner as contained in Attachment XIII which is an integral part of this regulation. (6) In drawing up a report on effectiveness test as referred to in para (5) the effectiveness test insti­ tute shall follow a standard method as contained in Attachment XIV which is an integral part of this requlation. (7) In making recommendations on the results of ef­ fectiveness test as referred to in para (5) the ef­ fectiveness test institute shall follow a standard method ;is contr1inP.rl in Attar.hment XV which is an integral part of this regulation. (8) The Director General shall complete the technical assessment of the results of effectiveness test as referred to in pora (5) no later than 10 (ten) work ing days. Part Three lssuar1ce of Registration Numbers Article 1 7 ( l) If the technical assessment of the results of ef­ fectiveness test as referred to in Article 1 6 para (8) does not meet qualifications, the Director Gen­ eral shall notify in writing the applicants through the Head of the Center, along with reasons us­ ing form model-7 as contained in Attachment XVI which is an integral part of this regulation. (2) If the technical assessment of the results of ef­ fectiveness test as referred to in Article 16 para (8) meets qualifications, the Director General on behalf of the Minister shall issue registration GOVERNMENT REGULATIONS numbers no later than 14 (fourteen) working days. (3) The procedure of numbering organic fertilizer, bio fertilizer and/or soil conditioner covers registration numbers, types of formulas, models .of formulas and year of birth as contained in Attachment XVII which is an integral part of this regulaf,on. (4) Registration numbers of organic fertilizer, bio fer­ tilizer and/or soil conditioner as referred to in para (2) are issued to applicants through the Head of the Center. Article 18 ( 1) The registration numbers as referred to in Article 17 para (2) are valid for 5 (five) years and can be extended for another 5 (five) years. (2) The odd (first, third, etc.) re-registration of or­ ganic fertilizer, bio fertilizer and/or soil conditioner formulas that have been registered shall be sub­ ject to a quality test as referred to in Article 14. (3) The even (second, fourth, etc.) re-registration of organic fertilizer, bio fertilizer and/or soil condi­ tioner formulas that have been registered shall be subject to a quality test and effectiveness test as referred to in Article 14 and Article 16. (4) The odd re-reg·1stration as referred to in para (2) shall be made no later than 30 (thirty) working days before the end of the validity period of reg­ istration numbers. (5) The even re-registration as referred to in para (3) shall be made no later than 180 (a hundred and eighty) working days before the end of the valid­ ity period of reQiStration numbers. Article 19 ( 1) Changes in trade name, package, and/or color of organic fertilizer, bio fertilizer and/or soil cond·, tioner can be made and must be reported to the Director General through the Head of the Center for registration in the book of registration num­ bers and further process by the Director General. (2) The changes as referred to in para (1) do not ap­ ply to changes in fertilizer formula. (3) Changes in organic fertilizer, bio fertilizer and/or soil conditioner formulas as referred to in para (2) cover composition, sources of raw materials and/ or form of fertilizer. (4) The changes as referred to in para (2) can be made after repeat quality and effectiveness tests. CHAPTER V REGISTRATION AND TEST FEES Article 20 Fees on the registration of organic fertilizer, bio fertilizer and/or soil conditioner are non-tax state revenues (PNBP) that must be paid to the State Trea­ sury, with the amount and procedure set according to the law and regulation. Article 21 ( 1) Fees on the test of organic fertilizer, bio fertilizer and soil conditioner by the government-owned test institute are non-tax state revenues (PNBP) that must be paid to the State Treasury, with the amount and procedure set according to the law and regulation. (21 The amount and procedure of tees on the test of 37 38 GOVERNMENT REGIJI ATIONS organic fertilizer, bio fertilizer and soil conditioner by privately-run test institute are set by the re­ lated test institute. CHAPTER VI TEST INSTITUTE Article 22 (1) The test institutes appointed as referred to in Ar­ ticle 14 para (2) and Article 16 para (3) shall meet at least the following qualifications: a. quality test institute: 1. having a laboratory building that meets re­ quirements; 2. having instruments to test the quality of organic fertilizer, bio fertilizer and/or soil conditioner; 3. having a skilled worker or analyst to test the quality of organic fertilizer, bio fertil­ izer and/or soil conditioner; 4. being able to analyze the quality of organ­ ic fertilizer, bio fertilizer and/or soil condi­ tioner based upon the specified analysis method; and 5. taking part in proficiency test, namely cross test at referral laboratory. b. ettectiveness test institute: 1. having instruments to conduct effective­ ness tests; 2. having a plot of land or other adequate facilities to conduct effectiveness tests; 3. having a skilled worker/expert to conduct effectiveness tests of organic fertilizer, bio fertilizer and/or soil conditioner, along with executing workers; and 4. being able to conduct an effectiveness test based upon the specified test meth­ od. (2) Verification of the feasibility of quality test insti­ tutes and effectiveness test institutes as referred to in para ( 1) is done by the Directorate General of Agricultural Product Processing and Marketing. CHAPTER VII CIRCULATION Article 23 { 1 l Organic fertilizer, bio fertilizer and/or soil condi­ tioner circulated must meet quality standards, guarantee their effectiveness, and be labeled and registered as referred to in Article 14. {2) The labels as referred to in para {1) must be put on water resistant packages and easily seen, read clearly and not easily damaged. CHAPTER VIII USE Article 24 ( 1) The types and use of organic fertilizer, bio fertil­ izer and/or soil conditioner must consider produc­ tivity and environmental function conservation. (2) The types and procedure of using organic fertiliz­ er, bio fertilizer and/or soil conditioner as referred to in para ( 1) are to be stipulated ina separate regulation. (3) If the use of organic fertilizer, bio fertilizer and/or :,,;oil cum.Htiuner has a negative impact on human health and/or environmental function, registration numbers shall be revoked. GOVfRNMFNT REGUI ATIONS CHAPTER IX SUPERVISION Article 25 (1) Supervision of organic fertilizer, bio fertilizer and/ or soil conditioner is done in the phases of formu­ la engineering, procurement, circulation and use. (2) The supervision as referred to in para ( 1) shall be done once every 6 (six) months. Article 26 ( 1) The supervision of organic fertilizer, bio fertilizer and/or soil conditioner as referred to in Article 25 is done as follows; a. at formula engineering level, it becomes the authority of the Minister; b. at procurement, circulation and use levels, it becomes the authority of related regents/may­ ors under the coordination of the governor. (2) The supervision of procurement, circulation and use of organic fertilizer, bio fertilizer and/or soil conditioner as referred to in para ( 1) is done in­ tegratedly under the coordination of the Director General and governors. Article 27 ( 1) Supervision at engineering level as referred to in Article 26 para ( 1) letter a is done by fertilizer supervising officers. (2) The fertilizer supervising officers as referred to in para { 1) supervise the application of quality stan­ dards to organic fertilizer, bio fertilizer and/ur :,oil conditioner, the realization of quality and effec­ tiven1::ss tt:5ts dlld tht: use of registration numbers. (3) The fertilizer supervising officers as referred to in para ( 1) are civil servants at the Agriculture Min­ istry appointed and discharged by the Minister. Article 28 ( 1) Supervision at procurement, circulation and use levels as referred to in Article 26 para ( 1) letter b is don,e by fertilizer supervising officers appointed by regents/mayors. (2) The fertilizer supervising officers as referred to in para ( 1) are civil servants at agencies responsible for carrying out main tasks and functions in devel­ oping and supervising the procurement, circula­ tion and use of organic fertilizer, bio fertilizer and/ or soil conditioner. Article 29 Corporate bodies engaged in the procurement of orqanic fertilizer, bio fertilizer and/or soil condi­ tioner shall allow the fertilizer superivising officers as referred to in Article 27 and Article 28 to r:onduct development and supervision at their business sites. Article 30 ( 1) The fertilizer supervising officers as referred to in Article 27 para ( 1) and Article 28 para ( 1) shall have the authority to : a. check the production process of organic fertil­ izer, bio fertilizer and/or :soil conditiurier; b. check storage facilities and packing method; i..;. Ldkt: SdtllJJles of organic fertilizer, bio fertilizer and/or soil conditioner for a quality test; d. check documents and reports; 39 40 GOVERNMENT REGULATIONS e. examine whether qualifications to obtain per­ mits for the procurement and/or circulation of organic fertilizer, bio fertilizer and/or sail con­ ditioner have been met. (2) If fertilizer supervising officers strongly believe that there has been forgery of and/or damage to organic fertilizer, bio fertilizer and/or soil condi­ tioner in circulation, they must soon report the matter ta the Director General and/or the Gover­ nor to temporarily stop the circulation of the or­ ganic fertilizer, bio fertilizer and/or sail conditioner in their jurisdiction no later than 30 (thirty) days after conducting the quality test. (3) If the results of the quality test as referred to in para (2) indicate that the organic fertilizer, bio fer­ tilizer and/or sail conditioner do not accord with the labels or the labels are damaged, fertilizP-r su­ pervising officers shall propose to the Governor r.oncP.rnerl to withrlraw the org;mic fertili2er, bio fertilizer and/or soil conditioner from circulation. (4} Provisions on the withdrawal and circulation of organic fertilizer, bio fertilizer and/or sail condi­ tioner shall follow the law ond regulation. Article 31 The fertilizer supervrsing officers as referred to i11 Article 27µara ( 1) anll Article 28 µara ( 1) can be appointed as civil servant investigators according to 1he law and regulation. CHAJ-'I tR X THE OBLIGATIONS OF OFFICERS, INSTITUTES AND HOLDERS OF REGISTRATION NUMBERS Article 32 ( 1) Registration officers, quality test officers and ef­ fectiveness test officers shall keep the truth and secrecy of organic fertilizer, bio fertilizer and/or soil conditioner formulas which according to their characteristics must be kept secret. (2) Test institutes shall guarantee the secrecy of or­ ganic fertilizer, bio fertilizer and/or soil conditioner formulas that have been tested. (3) The Director General shall manage the book of registration numbers and record all changes in the subjects and objects of the registration of organic fertilizer, bio fertilizer and/or soil conditioner. Article 33 ( 1) Holders of registration numbers shall put all piec­ es of required information on registererl lahels anrl packages. (21 Holders of registration numbers shall report any change in registration numbers to the Director General to be recorded in the book of rcgi::atration numbers and make changes to registration num­ bers. (3) Holders of registration numbers shall pay fees on the regi:straliun uf Or!,Jc111iG fertili,:er, bio ferLil­ izer or soil conditioner as non-tax state revenues (PNBP) 1ha1 must be paid 10 the State Treasury, with the amount of the fees set under the law and regulation in force. Article 34 Holders of registration numbers shall sub­ mit an annual report on procurement and circulation GOI/ERMMCNT REGULATIONS covering local production and/or import, domestic trade and/or exports once every 6 (six) months to the Director General using the format as contained in Attachment XVIII which is an integral part of this regulation. Article 35 ( 1 l The registration numbers as referred to in Article 17 can change or can be transferred to other party for several reasons: a. the holder of registration numbers appoints other party as a holder of registration num­ bers; b. the holder of registraf1on numbers transfers the ownership of formula to other partv: c. the appointment of other party as a holder of registnition rn1mbf';r results from the rnP.rger of companies; d. a change in the narne of the holder of registra­ tion numbers. (2) The party receiving the transfer as referred to 1n para ( 1) shall settle the transfer of registration numbers based on an agreement and the transfer shall be reported to the Director General to decide the transfer and recorded in the book of lt!!:Ji:;t, a­ tion numbers. Article 36 ( 1 l Holders 01 registration numbers ot orgarnc fertil­ izer, bio fertilizer and/or soil conditioner shall be responsible for the quality ot their products and put labels on packages as referred to in Article 33. (2) Holders of registration numbers shall report any change in registration numbers to the Director General to be recorded on the book of registra­ tion number and make a change in the registration numbers. CHAPTER XI DEVELOPMENT Article 37 ( 1) Development is done to producers, importers and test institutes. (2) The development of producers as referred to in para ( 1) covers production process and produc­ tion quality and is done periodically to produce goods according to the quality standard. (3) The development of importers as referred to in para ( 1) covers quality test of any import of or­ ganic fertilizer, bio fertilizer and/or soil condition er. (4) The development of test institutes and effective­ ness as referred to in para ( 1) is intended to meet the requirements as referred to in Article 22. 15) The development as referred to in para 11) is done by the Directorate General. CHAPTER XII SANCTIONS Article 38 Test institutes and/or test laboratories found failing to guarantee the secrecy and truth of test re­ sults shall receive a reprimand from the Oirector Gen­ eral and shall be reported to the authorized official to impose a sanction according to the law and regulation in force. 42 GOVt:.KNMENl Rt::GULAI IONS Article 39 Registration officers found failing to guaran­ tee the secrecy of fertilizer formulas as referred to in Article 37 shall be liable to an employee's disciplinary sanction according to the law and regulation. Article 40 (I) Applicants found c·irculating organic fertilizer, bio fertilizer and/or soil conditioner which is under reg·1stration process shall be liable to a sanction in the form of cancellation of registration until the invesf1aation hy thP authori?Pd nffic·1al rPcP·1vPs fixed legal force. (2) The sanction in the form of cancellation of ap­ plication for registration as referred to in para ( 1) shall openly be made known to the public. Article 41 ( 1) Holders of registration numbers found failing to put all pieces of required information on the pack­ age labels as referred to in Article 33 and/or to report a change in the holder of registration num­ bers shall be liable to a sanction in the form of revocation of registration numbers. (2) Holders of registration numbers found failing to guarantee the quality of organic fertilizer, bio fer­ tilizer and/or soil conditioner produced and/or cir­ culated shall be liable to a sanction in the form of revocation of registration numbers. (3) Holders of registration numbers found failing to produce and/or import organic fertilizer, bio fertil­ izer and/or soil conditioner registered and to make a report as referred to in Article 34 for 2 (two) consecutive years shall be liable to a sanction in the form of revocation of registration numbers. (4l In connection with the revocation of registration numbers as referred to in para (1), para (2), para (3) and para (4), holders of registration numbers, producers and/or importers shall withdraw organ­ ic fertilizer, bio fertilizer and/or soil conditioner from circulation no later than 3 (three) months after the issuance of a decree of the Minister on the revocation of registration numbers. Article 42 The w·1thdrawal of organic fertilizer, bio fertil izer and/or soil conditioner from circulation as referred to in Artir.1,:, 41 rara (4) is rlonP hy anrl Flt an Pxrf>ns,:, of holders of registration numbers, producers and/or importers of organic fertilizer, bi □ fertilizer and/or soil conditioner concerned. CHAPTER XIII OTHER PROVISIONS Article 43 ( 1) Producers or owners of registration numbers of organic fertilizer, bio fertilizer and/or soil condi­ tioner can serve orders with special formulas in physical torm according to those registered and used directly by those putting the orders. (2) The special formulas as referred tu i11 para (1) shall not necessarily registered according to this regulation. Article 44 Organic fertiliz.er, bio fertilizer and/or soil con­ ditioner with special formulas as referred to in Article 43 before being used by those ordering them shall be reported to the Director General through the DI­ rector of Fertilizers and Pesticides for monitoring and supervision, with a copy addressed to the Head of the Center. GOVERNMENT REGULATIONS Article 45 Organic fertilizer, bio fertilizer and/or soil con ditioner as referred to in Article 43 shall not be circu­ lMP.d :mrl 11sP.rl in the intP.rest of the public. Article 46 ( 1) Organic fertilizer, bio fertilizer and/or soil condi­ tioner of import origin shall not use raw materials from industrial waste. (2) Organic fertilizer, bio fertilizer and/or soil con­ ditioner may originate from domestic industrial waste if they meet quality standard, guarantee their effectiveness and pass an environmental risk test. CHAPTER XIV TnANSITIONAL PnOVISIONS Article 47 ( 1) Organic fertilizer, bio fertilizer and soil conditioner that have been registered before this regulation is promulQated, shall remain valid until the end of registration numbers. (2) Organic fertilizer, bio fertilizer and soil conditioner that are undergoing or have undergone a test be­ fore this regulation is promulgated shall continue to have their registration processed according to the previous regulation. (3) Organic fertilizer, bio fertilizer and/or soil condi­ tioner that are undergoing registration process but has not undergone a test before this regula­ tion is promulgated shall be treated according to this regulation. CHAPTER XV CONCLUSION The import of plant growing media in the form of soil and compost other than organic fertilizer, bio fertilizer and/or soil conditioner shall remain under Ministerial Decree No. 797 /Kpts/TP.830/10/1984. Article 49 With the promulgat"1on of this regulation, Reg­ ulation of the Agriculture Minister No. 28/Permentan/ SR.130/5/2009 shall be revoked and declared null and void. Article 50 This regulation shall come "into force as from the date of promulgation. For public cognizance, thls regulation shall be promulgated by placing in the State Gazette of the nepublic of Indonesia. Stipulated in Jakarta On October 25, 2011 THE AGRICULTURE MINISTER OF THE REPUBLIC OF INDONESIA, sgd SUSWONO Promulgated in Jakarta On October 26, 2011 THE LAW AND HUMAN RIGHTS MINISTER OF THE REPUBLIC OF INDONESIA, sgd AMIR SYAMSUDDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2011 NO. 664 Article 48 (SJ • 1 43