Decree of the Minister of Agriculture No. 514/Kpts/TP.270/7/1996 regarding the registration and fixed licensing of pesticides

1 DECREE OF THE MINISTER OF AGRICULTURE NO. 541/Kpts/TP.270/7/1996; DATED JULY 12, 1996 RE THE REGISTRATION AND FIXED LICENSING OF PESTICIDES THE MINISTER OF AGRICULTURE, Considering: a. that pesticides whose registration is applied for have been evaluated and tested, with their results fulfilling effective requirements; b. that based on the above consideration and pursuant to Article 10 of the Decree of the Minister of Agriculture No. 280/Kpts/Um/6/1973, it is deemed necessary to register and grant fixed licences to them. Bearing in mind: 1. Act No. 12 of 1992; 2. Government Regulation No. 7 of 1973; 3. Presidential Decree No. 44 of 1974; 4. Presidential Decree No. 15 of 1984 jo. Presidential Decree No. 83 of 1993; 5. Presidential Decree No. 96/M/1993; 6. The Decree of the Minister of Agriculture No. 280/Kpts/Um/6/1973 jo. the Decree of the Minister of Agriculture No. 728/Kpts/KU.120/12/1992; 7. The Decree of the Minister of Agriculture No. 429/Kpts/tJm/9/ 1973; 8. The Decree of the Minister of Agriculture No. 944/Kpts/TP.270/11/1984; 9. The Decree of the Minister of Agriculture No. 479/Kpts/Kp.150/7/1990; 10. The Decree of the Minister of Agriculture No. 96/Kpts/OT.210/2/1994; 11. The Decree of the Minister of Agriculture No. 270/Kpts/Tp.150/4/1995; 12. The Decree of the Minister of Agriculture No. 473/Kpts/TP.270/6/1996. With due observance of: The opinion of the Chairman of the Pesticide Commission in the letter No. 1265/Kompes/96 dated June 26, 1996. HAS DECIDED: To stipulate: THE DECREE OF THE MINISTER OF AGRICULTURE CONCERNING THE REGISTRATION AND FIXED LICENSING OF PESTICIDES. Article 1 (1) Pesticides which are contained in column 2 of the attachment to this attachment to this decree shall be registered and granted fixed licences pursuant to Article 7 of the Decree of the Minister of Agriculture No. 280/Kpts/Um/6/1973, with registration numbers as contained in column 7 in the names of registration holders as contained in column 6. (2) Registration holders as meant in paragraph (1) shall be granted licences which are effective for 5 (five) years as from the enforcement of this decree, for the distribution of and the dissemination of information on, the pesticides as meant in paragraph (1) by observing the provisions in this decree and other relevant regulations in force. (3) The status of registration holders as meant in paragraph (1) shall be subject to review if they are no longer appointed to register the pesticides by proprietors of the relevant pesticide formulas, or fail to comply with other relevant regulations in force. (4) Applications for registration of the pesticides as contained in column 2 of the attachment to this decree shall be filed not later than 3 (three) months before the expiration of the licences as meant in paragraph (2). 2 Article 2 (1) The pesticides as meant in Article 1 paragraph (1) shall contain active substances as indicated in column 2 and have formula forms as indicated in column 3 of the attachment to this decree. (2) The composition of formulas, physical and chemical properties, stability, compatibility and other characteristics of the active substances as well as formulas shall conform to the data and information provided in applications for registration. Article 3 (1) The pesticides as meant in Article 1 paragraph (1) shall only be: a. imported and or produced, packed and labeled by registration holders and or other parties approved by registration holders; b. stored and distributed in original containers with labels already approved by the Pesticide Commission; c. used according to the indications as contained columns 4 and 5 of the attachment to this decree, and the instructions on labels already approved by the Pesticide Commission. (2) The pesticides as meant in Article 1 paragraph (1) shall not be used by means of aircraft unless this is licensed by the Minister of Agriculture or authorised officials. Article 4 (1) The registration holders as referred to in Article 1 paragraph (1) shall guarantee that: a. at the start of distribution the quality of pesticides is in line with the provisions in Article b. the pesticides are distributed in containers and packages according to those mentioned in applications for registration and approved by the Pesticide Commission; c. every container and package of the pesticides is labeled as meant in the Decree of the Minister of Agriculture No. 429/Kpts/Um/9/1973 and according other provisions in force, and as approved by the Pesticide Commission; d. any information in whatever form provided by them or by other parties with their approval must be in line with data and information provided in their applications for registration. (2) The registration holders as referred to in Article 1 paragraph (1) shall be obligated: a. to ensure that the quality of pesticides distributed is maintained without undergoing damage which causes the pesticides to become ineffective and or unsafe for distribution and use; b. to withdraw from circulation the pesticides whose quality is not in line with the provisions in force; c. for stop the circulation of pesticides whose containers, packages or labels fail to conform to the provisions in paragraph (1) letters b, and c, until the containers, packages or labels are replaced in line with the provisions in force; d. to withdraw information in whatever form which fails to conform to the provisions in force. (3) The registration holders as referred to in Article 1 paragraph (1) shall provide the Secretariat of the Pesticide Commission with: a. pure active substances for laboratory examinations of the quality of the pesticides as meant in Article 1 paragraph (1); b. samples of pesticide formulas, containers and packages and labels as meant in paragraph (1) points b; and c. Article 5 The licences as meant in Article 1 paragraph (1) shall be subject to amendment, replacement or revocation in the case of the pesticides as meant in Article 1 paragraph (1) failing to comply with relevant provisions and laws in force, producing undesired side effects, or being found out to have the potential for certain hazards previously unknown. 3 Article 6 This decree shall come into force as from the date of stipulation. Stipulated at JAKARTA On July 12, 1996 THE MINISTER OF AGRICULTURE, signed DR. IR. SJARIFUDIN BAHARSJAH (Editor's note: the attachment to this decree is not available).