Regulation of the Agriculture Minister No. 28/Permentan/SR.130/5/2009 on organic fertilizer, bio fertilizer and soil regenerator

1A ORGANIC FERTILIZER, BIO FERTILIZER AND SOIL REGENATOR (Regulation of the Agriculture Minister No. 28/Permentan/SR.130/5/2009 dated May 22, 2009) BY THE GRACE OF GOD ALMIGHTY THE AGRIOJLTURE MINISTER, Considering: a. that by Regulation of theAgricultureMinisterNo.02/ Pert/HK.06O/2/2006, provisions onorganic: fertilizer and soil regenatorhavebeen set; b. that thankto theadvancement of science and technol­ ogy, not only organic fertilizer and soil regenator but alsobio fertilizer industrieS for the agricultural sector have been growing; C. that to conserve theenvironment and biOdiversity, pro­ tectconsumers/users andgivebusiness certainty to pro­ ducers/business agents, organicfertilizer, bio fertilizer andsoil regenator circulating in the tenitory of the Re­ publiCof Indonesia mustmeetquality standards or mini­ mumtechnical requirements andtheireffectiveness can be quaranteed; d. that inconsideration of the abovematters, it isdeemed necessary to review Regulation of the Agriculture Min­ ister No.02/PertjHK.060/2/2006 and stipulate provi­ sions on organic fertilizer, bio fertilizer and soil regenator; In view of: 1. LawNo.5/1984 (BNNo. 5267pages1A-4A andso oo)on Industrial Affairs (StatuteBook of 1984No.22, Supplementto Statute BOOk No. 3274); Jsiness News 7863/9-28-2009 2. LawNo.12/1992on PlantCultivation System (Statute Book of 1992 No. 46, Supplement to Statute Book No. 3418); 3. law No. 7/1994 on the Ratification of Agreement Es­ tablishing TheWorldTrade OrganizatiOn (Statute Book of 1994No.57,Supplement to StatuteBook No. 35); 4. LawNo.10/1995(BNNo. 58J2pages4A~20Aand so on)on Customs Affairs (Statute Bookof 1995 No. 75, Supplementto StatuteBook No. 3611); 5. Law No.23/1997on Environmental Management (Stat­ ute Bookof 1997No. 68, Supplement to StatuteBook No.3699); 6. LawNo.8{1999 (BNNO. 632:lpagesL4-7Aandso on) on Consumer Protection (Statute Bookof 1999 No. 42, Supplement to Statute Book No. 347B); 7. Law No.32/2004 (BNNo. 7183pages1A~11Aand so on)on Regional Government (StatuteBook of 2004 No.125,Supplement to Statute Book No.4437); 8. GovernmentRegulationNo. 85/1999on Amendment to GovernmentRegulation No. 18/1999 (BNNo. 6427 pages ,tA-6A andso on) on the Management of Hazardous andToxicWaste(Statute Bookof 1999No. 190,Supplement to StatuteBookNo.3910); 9. Government Regulation No. 102/2000 (BNNO. 6554 pages lA-7A andso on) on National Standardiza­ tion (Statute Book of 2000 No.1991 Supplernentto Stat ute Book No. 4020); 10. Government ...• 10. Government Regulation No.8/2001 on PlantCultiva­ tion Fertilizer(Statute Book of 2001 No. 14, Supple­ ment to StatuteBook No.4079); 11. Government Regulation No. 58/2001 on the Develop­ mentandControl d Consumer Protection (Statute Book of 2001 No. 103, Supplement to Statute Book No. 4126); 12. Government Regulation No.21/2005 on Genetic Engi­ neering Products; 13. Govemment RegulatiOn No.38/2007on the Sharing of Administrative Affairsbetween the Government, Pro­ vincial Governments and Regency/Municipal Govern­ ments (Statute Book of-2007 NO. 82, Supplement to Statute Book No.4737); 14. PresidentIal Decree No. 187/M/2004 (BN No. 7:128 pages 30A-3JA) on the formetion of United Indo­ nesle <Abinet; 15. Presidential Regulation No. 9/2005 (BN No. 7182 pages 2A-Z3A) on the Position, Task, Function, Or­ ganizational Structureand Work Mechanism of Minis­ bies of the Republicof Indonesia Adj. Presidential Regu­ lation No. 62/2005; 16. Presidential Regulation No. 10/2005 on the Organiza­ tionalUnitand"Tasks of FirstEchelon Officials of Minis­ triesof theRepublic d Indonesia ashas been amended by Presidential Regulation No. 15/2005; 17. Decree of theAgriculture Minister No. 797/Kpts/TP.830/ 10/1984 on the Enbyof Plants into the Territoryof the Republic of Indonesia; 18. Decree of theAgriadture Minister No.237/Kf:hs/crr.210/ 4/2003 onGuidance to ControltheProcurement, Cir­ culation andUse of Unorganic Fertilizer; Business News 7863/9-28-2009 2A 19. RegUlation of the Agriculture MinisterNo. 229/Kpts/ 0T.140/7/2oo5 on the Organizational Structure and WorkMechanism of the Agriculture Ministry adj.Regu­ lation of the Agriculture MinisterNo. l1/Perrnentan/ OT.140/2/2007j 20. Regulation of the Agriculture Minister No. 341/Kpts/ OT.140/9/200S on Supplement to Organizational Struc­ ture andWorkMechanism of the Agriculture Ministry lldj. Reguilltion of the Agriculture Minister No. 12.1 Permenlan/OTjl<W/2/2007j 21. Regulation of the Agriculture Minister No. 02/Pert! HK.060/2/2006 on Organic Fertilizer and Soil Regenator; 22. Regulation of the Agriculture Minister No. 58/ Permentan/0T.14018/2007 on theImplementation of National Standardization System in the Agricultural Field. DECIDES: Tostipulate : REGUlATIONOFTliEAGRIOJllURE MINISTER ON ORGANIC FERTILIZER, BIDFERTIlIZERAND REGENATOR. SOIL. Q-iAPTERI GENERAL PROVISIONS Artide 1 Referred to in this Regulation as : 1. Organic fertilizerisfertilizerwhichoriginates fromplant waste and/or animal manure and has gone through an engineering process, in solid or liqUid fonn, and canbe enriched with naturaland/or microbe minerals useful to enrich nutrient, soil organicsubstance, im­ prove physical and chemical characteristics and soil biology. 2. Blo fertiliZer is actIVe biOlogical fertilizer which con­ sistsof microbes capable of improving fertilizing, fer­ tility and land helilth effICiently. 3. Soil regenator issyntheticor natural,organicor min­ erai substances in solid and liquid forms capable of improving physical, chemical characteristics and soil biology. 4. Organic fertilizer formula is a composition of organic substances andnaturalminerals formingorganicfer­ tilizer. S. Biofertilizerformula isa composition of microbes/mi­ crofauna andbio fertilizer-forming carrier. 6. Soil regenator formula isacomposition of natural min­ erals and/orsynthetic/organic substances forming soil regenator. 7. Organic fertilizer formula engineering is a series of engineering activities, chemically, physically and/orbio­ logically to produce organicfertilizer formula. 8. Biofertilizerformula engineering is a series of biofer­ tilizerengineering activities, chemICally, physiCally and/ or biologically to produce bio fertilizer formula. 9. Soil regenator formula engineering is a series of soil regenatorengineering activities, chemically, physi­ cally and/or biologically to produce soil regenator for­ mula. 10. Organic fertilizerqualitytest isan analysis of nutrient content, heavy metalmineral and patogenemicrobe conducted at a laboratory based on thegivenanalysis method. 11. Biofertilizer qualitytest isananalysis of content: type, population andfunction of microbe/microfauna aswell as patogenecity conducted at a laboratorybased on thegiven analysis method. ~usIness News 7863/9-28-2009 3A 12. 5011 regenator quality test is an analySiS of sou regenator contentconducted at a laboratory based on the givenanalysis method. 13. certificate of qualitytest isa writtenguarantee issued by an agency certifying that the product has met the specified qualitystandard. 14. Statement of quality isa writtenstatement issued by a quality test agency to state that the producthasmet the specified qualitystandard. 15. Qualitystandard of organicfertilizer is the contentof organicfertilizer set by the National Standardization Board in the form of SNIor that set by the Agriculture Minister in the form of minimum technical require­ ments. 16. Quality standard of bio fertiliZer is the minimum re­ quirementof the type and population of microbe/mi­ crofauna set in this regulation. 17. Quality standard of soil regenator isthe contentof soil regenator set by the National Standardization Board In the form of SNI or that set by the Agriculture Minis­ ter in the form of minimumtechnical requirements. 18. Effectiveness test of organic fertilizer is a field or green­ house test conducted to know the impactof organic fertilizer on the growth and/or productivity of plant, efficient fertilizingor improved soilfertility. 19. Effectiveness test of bio fertilizer is a field or greeenhouse test conducted to knowthe impactof bio fertilizer on the growth and productiVity of plant, effi­ cient fertilizing, improvedsoil fertility or health. 20. Effectiveness test of soil regenator is a laboratory, greenhouseor fieldtest conducted to know the impact of soil regenator on the improvement of physical, chemical characteristics and landbiology. 21. Minimum •• I •• 21. Minimum technical requirements of organic fertilizer, blofertilizerand5011 reqenatorare a quality standard required andset forth in this regulation. 22. Procurement of organic fertilizer, blo fertiliZer or soil regenatoris the act of providingorganicfertilizer, bio fertilizeror soil regenator, either from domestic or for­ eignproductIOn. 23. Orculation isanactivityor a seriesofactivities carried out to distribute organic fertilizer, blo fertilizer or soil regenatorat homeeither to be traded or not. 24. Use is the activity carried out by users to use organic fertilizer, bio fertilizer or soil regenator. 25. Surveillance isa series of activitiesconducted to check production, circulation, storing, anduseof organicfer­ tilizer, bio fertilizer or soil regenator to ensure their quality and effectiveness without disturbing human healthandenvironmental conservation. 26. Corporate body is acompany with or without legal sta­ tus. 27. Director General of Technical Developmentof Plant Commodities includesthe Director Generalof Food Crops, the DirectorGeneral of Plantation, the Direc­ tor General of Horticulture, the Director General of HUSbandry and the Director General of Fish Fann­ ing. 28. Head of the Center is the Head of the Licencing and Investment Center. Artlde 2 (1) This Regulation is intended to serveas a legal basis for the procurement, registration, circulation, useand surveillance of organicfertilizer; bio fertilizer and soil regenator. Business News 7863/9-28-2009 4A (2) This Regulation Is aimed to protect the environ­ ment, soil bio diversity, consumers/users, as well as to give business certainty to the producers/busi­ ness agents of organic fertilizer, blo fertilizer and soil regenator. Article 3 Thescope of this Regulation shallcoverprocure­ ment, registration terms, registration procedures, regis­ tration fees,circulation, use,surveillance, obligation, de­ velopment, sanctions, transitional provisions andconclud­ ing provisions. OiAPTERII PROOJREMENT Article4 (1) Theprocurement of organicfertilizelj bio fertilizerand soliregenator canbe conducted throughdomestic pro­ ductionand/or import. (2) Organic fertilizer, bio fertilizer and soil regenator of import origin shall meet test requirements and pass anenvironmental risktest. (3) Bla fertilizer containing transgenic microbe shall fol­ low the regulation on the biosecurityof genetic engi­ neering products. (4) Organicfertilizer, bie fertilizer or soil regenator as re­ ferredto in paragraph (1) shall meetQuality standards or minimum technical requirements as well as their effectiveness shall beguaranteed. (5) The procurement of organicfertilizer, bio fertilizer or soil regenatoras referred to in paragraph (1) canbe conducted bya corporate body. Article SI! ... ArticleS (1) A corporate body that produces organicfertilizer, bio fertilizer or soil regenator shall secure a permit from the relevant regent/mayor. (2) In issuinga permit as referred to in paragraph (1) the regent/mayor shallobserve the lawand regulation in the industrial field. Article6 (1) Organic fertilizer, bio fertilizer or soil regenator pro­ duced as referred to in Article 5 shall originatefrom organic fertilizer formula,bio fertilizer formulaor soil regenator formula asa resultof engineering. (2) Organic fertilizer formula,bio fertilizer formulaor soil regenatorformula as referredto in paragraph (1) shall meet qualitystandards or minimum technical require­ ments as referred to in ArtiCle 4 paragraph (4) and pass a qualitytest andeffectiveness test. (3) The qualitystandards or minimumtechnical require­ ments as referred to in Article 4 paragraph (4) shall be as contained in AttachmentI which is an integral partof this Regulation. Article7 (1) The import of organic fertilizer, bio fertilizer or soil regenator to the terrItOry of the Republic of Indonesia as referred to in Article 4 paragraphs (1) and (2) can be conducted by a corporate body after securing a business permitaccording to the law. (2) Organic fertilizer, bio fertilizer and/or soil regenator of importorigin as referred to in paragraph (1) shallmeet quality standards or minimum technical requirements Business News 7863/9-28·2009 SA and pass a quality test end effectiveness test as well as environmental risk test as referred to in Article 6 paragraph (3). (3) The import of organic fertilizer, bio fertilizer or soil regenator as referred to in paragraphs (1) and (2) shall followthe lawandregulation onagriCUltural quar­ antine. O-IAPTERill REGISTRATION 1ERMS Article8 (1) Organic fertilizer formula,biofertilizerformula or soil regenator formula to be used in the interests of the agricultural sector shall meetquality standards or mini­ mumtechnical requirements, effectiveness guarantee, andshallbe registered with the Agriculture Minister. (2) Organic fertilizer formula,biofertilizer formula or soil regenator formula to be registered shall be based on the results ofaqualitytest andeffectiveness test con­ ducted by theaa:redited orappointed testagency. Article9 (1) Organic fertilizerformula, biofertilizerformula or soil regenator fommla to be regiStered as referred to In Article8 shall be givenformulatrade mark. (2) The formula trade mark as referred to in paragraph (1) shallnot usethe same nameor almostthe same name as that of other formula trade marks already registered, exceptby the same oompany. (3) The naming of formula trade mark shall not be linked to the type andelementof fertilizer shOWing the mcx:Iel offormula. Artlcle 10. , ... Article 10 Acorporate bodycanapplyfor the registrationof organic fertilizer formula, bio fertilizer formula or soil regenatorformula by enclosing : a. Articles of corporation and amendment (for a corpo rate body); b. Trade permit/certificate of company registrationjre:::­ ommendation (for foreign investment companiesjdo­ mesticinvestment companies (PMA/PMDN); c. Taxpayer codenumber (NPWP); d. Residence identification card of the responsible per son; e. certifICate of company's domicile; f. relevantformula owneror proxy; g. Agentappointed by foreign formula owner; and h. certificate of mark or registration letter of mark from the authorized agency. CHAPTER IV REGISTRATION PROCEDURE PartOne Application for Registration Article 11 (t) Anyapplication for the registrationoforganiC fertilizer, bio fertilizer or soil regenatoras referred to in Artide 10 shall be filed in writing to the Agriculture Minister through the Head of the Center, with adequate duty stamp according to the law,using the formas contained in Attachment II which is an integral part of this Regu­ lation. (2) The application as referred to in paragraph (1) shall carry the requirements as referred to in Article 10. Business News 7863/9-28-2009 6A Article 12 (1) The Head of the center,after receiving the application as referred to in Article 11 in a complete way, no later than 10 (ten) workdays,shallexamine documents and acceptor reject the application. (2) If the application as referred to in paragraph (1) is accepted, the applicant will be required to conducta quality test of organic fertilizer formula, bio fertilizer formula or soil regenator formular registered. (3) If the application as referred to in paragraph (1) is rejected, the rejection shall be notified to the appli­ cant, alongwith reasons for the rejection in writing. (4) Ifafter the periodof 10 (ten) work daysasreferred to in paragraph (1) has passeo the Head of the Center hasnot givenan answerwhether or not to acceptthe application, the application shall be consideredaccepted and the applicantwill berequiredto conducta quality test of organic fertilizer, bio fertilizer or soil regenator formula registered. PartTwo Test Article 13 (1) Toensurethat organicfertilizer formula, bio fertilizer formula or soil regenator formula as referred to in Artide 8 paragraph (1) canmeetqualitystandards and minimum technical requirements, a quality test and effectiveness test shall be conducted. (2) The quality test and effectiveness test as referred to in paragraph (1) for organicfertilizer, bio fertilizeror soil regenator of import origin shall only apply to organic fertilizer, biofertilizer or soil regenator which isfor the first time imported to the territory of the Republic of Indonesia. (3) The •..•• (3) Thequalitytestandeffectiveness test asreferred to in paragraph (1) shallbe conducted by anaccredited or appointedtest instituteas containedinAttachmentm whichis an integralpart of this Regulation. Article 14 Organic fertilizer, bio fertilizer or soil regenator of import origin shall be subjectto a quality test and effec­ tiveness test as referredto in Article 13 inaddition to ful· fillingprovisions onthe protection of biodiversity pursuant to Article4 paragraph (2). Article15 (1) The appointmentof a test agencyas referred to in Article13 paragraph (3) shallbe based on the follow­ ingrequirements: a. having a laboratory that meetsqualifications; b. having instruments that meet qualifications to con­ ducta quality test of organicfertilizer; bio fertilizer andsoil regenator; c. having a plot of landandother facilities enough to conduct effectiveness test; d. employing anexpertor analystto coductaquality test of organic fertilizer, biO fertilizer and soil regenator; e. beingable to conducta test on organic fertilizer; biofertilizerandsoilregenatorbased on the speci­ fiedanalysis method. (2) The verification of worthiness of a quality and effec­ tiveness test agency as referredto in paragaraph (1) shall be conducted by the agency at the Agriculture Ministry assigned to handle standardization and ac­ creditation. g!lc;ine~5 New", 7863/9-28-2009 7A Article 16 (1) The sampling of organicfertiliZer, bio fertilizeror soil regenator in solidform shallreferto SNI No. 19-Q428­ 1989 and in liqUid form to SNI 19-0429-1989. (2) In conducting tests, the test agency as referred to in Article 13 paragraph (3) shall usequality and effec­ tiveness tests of organic fertili7er, bio fertili7er and soil regenatoras contained in AttachmentIV andAttach­ mentV whicharean integral part of this Regulation. (3) The assessment of the results of a quality test and effectiveness test shallbe based on quality standards or minimumtechnical requirements as referredto in Article6 paragraph (3). Artide 17 The sampling by a quality test and effectiveness test of organicfertilizer; biofertilizer andsoil regenator as referred to in Article 16 paragraphs (1) and (2) may be alteredaccording to developmentsin SCience andtechnol­ ogy. Article 18 (1) Organic fertilizer formula, bio fertilizer formula and soil regenatorformula that meet qua'itvstandards or minimum technical requirements andeffectiveness as referred to in Artide 6 paragraph (3) shan be declared passing the teSt by a test institute according to provi­ sions on passing an effectiveness test in Attachment VI which Is an integrat part of this Regulation and be givena certificateof formula. (2) The test institute as referred to in paragraph (1) shall be hekl responsible for the results d testsconducted ac cording to the procedure of reporting an effectiveness test ..... test as contained in Attachment VII which is an inte­ gral part of this Regulation. PartThree The Issuance of Registration Numbers Article 19 Organic fertilizer formula, bio fertilizer fonnula or soil regenatorformula that hassecured a certificate from the test institute as referred to in Article 18 paragraph (1), before being produced and/or circulated, shall be given registration numbers by the Agriculturf! Ministry. Article20 (1) To obtain registration numbers as referred to in Ar­ ticle19,theapplicant shall submitthe results ofa quality test and effectiveness test to the Headof the Center using the form ascontained in AttachmentVIII which is an integralpart of this Regulation, accompanied by a conceptof label. (2) .The headof the center, no later than 7 (seven)work dayssincereceiving the resultsof quality test andef­ fectiVeness test as referred to in paragraph(1) shall romplete assessment and giveananswer asto whether to acceptor rejecttnem, (3) If the assessment of the results of a quality test and effectiveness test is accepted as referred to in para­ graph (2), organicfertilizer formula, bio fertilizer for­ mula or soil regenator formula shall be given a regis­ traton numberby the AgricultureMinister. (4) If the assessment of the results of a Qualitytest and effectivenesstest is rejected as referred to in para­ graph (2), organic fertilizer formula, bio fertilizer formula or soil regenator formula shall not be given Business News 7863/9-28-2009 SA a registrationnumberand be notified in writing to the applicantbyproViding reasons for the rejection. (5) Ifwithin a period of 7 (seven) work daysthe Head of the center hasnot given an answeras to whether to acceptor re1ect it as referred to in paragraph (2), me assessment of the resultsof quality test andeffective­ ness test shall be considered accepted and organic fertilizerformula, biofertilizerformula or soU regenator formula shall be given a registration number. Article 21 (1) The registration number as referred to in Article 20 paragraph (3) shall be valid for a period of 5 (five) years, and can be extended for another period of 5 (five) years. (2) The extension of the validity periodof the registration numberasreferred to in paragraph (1) canbe granted if organic fertilizer formula, bio fertilizer formula or soil regenator fonnula stillmeets qualityrequirements. (3) After the period of registration number hasbeenex­ tendedfor another5 (five) years asreferred to in para­ graph (1) the holder of registration number shall re­ new it. (4) The renewalOfthe regiStratiOn numberas referredto inparagraph (3) shallbe madeaccording to this Regu­ k1tion. Article 22 (1) Organic fertilizer formula, bio fertilizer formula or soil regenator formulathat hasbeen giventhe registration numberas referredto in Article20canbeproduced in and/or imported to the territory of the Republic of In­ donesia. (2) Organic •.... (2) Organicfertilizer formula, bio fertilizer formula or soli regenatorformulaasreferredto in paragraph (I) shall meetquality standards or minimum technical require­ mentsand their effectiveness can beguaranteed. Article 23 (1) The registration number as referred to in Article 20 can moveor canbe transferredto other party because of : a. legacy; b. grant; c, testament; d. agreement in the form of notarial deed; or e. other causes justified by the law. (2) The transfer as referred to in paragraph (1) letter b, c, d, or e can be made after securingapproval from the AgricultureMinister. (3) The registration number that movesor is transferred to other pclrty shall be registered with the Head Office of the Agricultural Licendng and Investment OiAPTERV REGISTRATION FEES Article 24 Fees on the registration of org~nic fertilizer, bio fertilizer or soil regenator constitute non-tax state rev­ enue (PNBP) that must be paid to the StateTreasury and the amount of fees and the procedureof paymentare set based on the law. Article 25 (1) Fees on the quality test and/or effectiveness test con ducted by a plivate test institute shall be set by the relevant test institute. Business News 7863/9-28-2009 9A (2) Fees on the quality test conducted by a government test institute constitute non-tax state revenue (PNBP) that mustbepaidto the StateTreasury andthe amount of fees and the procedure of payment are set based on the law. CHAPTER VI ORQJLATION Article 26 (1) Organicfertilizer, bio fertilizer or soil regenatorin dr­ culation shall meetqualitystandards or minimum tech­ nicalrequirements, carry labels andtheir effectiveness can be guaranteed as referred to in Article 6 para­ graph (3); (2) The labels as referred to in paragraph (1) shall be made in Indonesian language and contain at least trade name, types (organic fertilizer, blo fertilizer or soil regenator), composition, netvolume/weight, name andaddress of producer(domesticproduction) or dis­ tributor (import), registration number and expired date. (3) Thecompositionas referred to in paragraph(2) shall be registered composition. (4) The labelsas referred to in paragraph(1) shall be put in waterproof packages and canbeeasily seen, c1earty readand cannot easilybe damaged. OiAPTERVII USE Artide27 (1) The type and useof organic fertilizer, bio fertilizer or SOil regenatorshall consider productivity andenviron­ mentalconservation. (2) The . (2) The type and procedure of using organic fertilizer, bio fertilizeror soil regenator as referredto in paragraph (1) areto be stipulated by theDirector General ofTech­ nleal Development of PlantCOmmodities. Article28 Counselling onthe use of organic fertilizer, biofer­ tilizer or soil regenator shall be conducted by observing the principles of efficiency and effectiveness as well as environmental health. Q-lAPTER VIII SURVEILLANCE Article 29 Surveillance is conducted to improve the effec­ tiveness and efficiency of organic fertilizer, ble fertilizer, and soil regenator by protecting the environment, biodiversity andthe interests of consumers/users andbusi­ ness agents. Article 30 (1) rne surveillance Of organiC fertilizer, blO fertilizer, and soil regenator shall beconducted asfollows: a. at the level of formula engineering, the surveillance becomes the authorityof the Agriculture Minister; b. at the level of procurement,. drculationandusethe surveillance becomes theauthorityof regents/may­ orsunderthecoordination of the governor. (2) Thesurveillance overthe procurement, circulation and use of organic fertilizer, biofertilizer, andsoilregenator as referred to in paragraph (1) shall beconducted in an integrated andcoordinated way. Business News 7863/9-28-2009 lOA Article 31 (1) Thesurveillance at the level of engineering asreferred to in Article 30 paragraph (1) letter a shall be con­ ducted by fertilizersupervisory officers. (2) The fertilizer supervisory officers asreferred to in para­ graph (1) shall supervise theapplication of quality stan­ dards or minimum technical requirements of organic fertilizer, biofertilizeror soil regenator, the realization of qualityandeffectiveness tests andthe use of regis­ trationnumbers. (3) Thefertilizer supervisory officers asreferred to in para­ graph (1) shall be civil servants of the Agriculture Min­ istryand appointed and dismissed by the Agriculture Minister. Article 32 (1) Thesurveillance at the levelof procurement, circula­ tion anduseasreferred to inArticle30 paragraph (l) letter b shall beconducted by fertilizersupervisory of­ ficers appointed by regents/mayors. (2) Thefertilizer supervisory officers asreferred to inpara­ graph (1) shall be Civil servants of the agencies re­ sponsible for the development andcontrol of the pro­ curement, circulation and use of organic fertilizer, bio fertilizerandsoil regenator. Article33 Acorporate body that conducts the procurement of organic fertilizer, bio fertilizeror soil regenator shall el­ towthe fertilizersupervisory officersas referred to in Ar­ ticles31and32to conduct development and surveillance at itsbusiness site. Article34 • . • , . a. audit the production process of organic fertilizer, bio fertilizeror soli regenator; b. inspect thestoringplaces and packaging methods; c. take samples of organic fertilizer, bio fertilizer or soilregenator for quality test; d. auditdocumentsand reports; e. conduct an audit to see to it that requirements of permits for the procurement and/or circulation of organic fertilizer, biofertilizer orsoilregenator have been fulfilled. (2) If fertilizer supervisory officershavestrong assump­ tionthat there has been falsification ofand/ordamage to organic fertilizer, bio fertilizer or soil regenator In drculation,they cantemporarily stop the circulation of organic fertilizer, blo fertilizer or soil regenator at their jurisdiction no later than 30 (thirty) Clays to con­ ducta qualitytest. (3) Itafter the period of time as referred to in paragraph (2) has passed nodecision on the alleged falsification of and/or damage to organic fertilizer, bio fertilizer or soliregenator hasbeen made, the steptakenbyfertil­ izer supervisory officers to temporarily stop the circu­ lationoforganic fertilizer, biofertilizer or soliregenator shall be terminated for the sake of the law. (4) If the results of a quality test as referred to in para­ graph (2) showthat the organicfertilizer, biofertilizer or soil regenator does not accord with the label or is damaged, the fertilizer superviSOry officer shall pro­ pose to the regent/mayor concerned to withdrawthe organic fertilizer; bio fertilizer or soli regenator from circulation. Business News 7863/9-28-2009 be appointed as a dvil servant investigator according to the law. OiAPTERIX OBllGATION Article36 (1) Test institlltes shall keep the secrecy of organic fertil­ izer formula, bio fertilizer formula or soil regenator formula they have tested. (2) Registration officersshall· keep the secreot of organic fertilizer formula, biofertilizer formula or soil regenator formula for whichregistration issought. (3) The head of the centershallmanage a book of regis­ tration numbers andrecord all changes in the subject and object of organic fertilizer, bio fertilizer or soil regenator registered. Article37 Producers and/or importers shall be responsible for the qualityof their products andput registration num­ bersin the place on the labels which caneasily be seen andread andcannoteasily be omitted. Article 38 The holders of registration numbers shall report anychange in the subjectof registration number to the head of the centerto record it in the book of registration numbers andto change a decion anthegranting of regis­ trationnumber. Article 39 •.... Article 39 The holders of registration numbersshallconvey reports to the head of the center on procurement covering amongothers production, import, and distribution of or­ ganicfertilizer, bio fertilizer, or soil regenatoronceevery6 (six) monthsusinga form as contained in Attachment IX which is an integral part of this Regulation, with a copy addressed to the Director Generai of the Technical Devel~ opmentofPlantCanmoditles. CH'APTERX Guidance Article40 (1) Orgcmlc fertilizer, bio fertilizer and/or soli regenator producers whose products are not drculated and/or have not met quality standards or minimum technical requirements as referred to in Article6 paragraph (3) will be given guidance on the production of organic fertilizer, bio fertilizer and/or soil regenator. (2) Provisions on the production of organic fertilizer, bio fertilizer and/or soil regenator as referred to in pararagraph (1) will be stipulated in a separateregu· Iation. CHAPTER XI SANcnONS Article 41 Quality test institutes whichproveirresponsible for the results of the test as referred to In Artide 18 para graph (2) or do not keep the secrecy as referred to in Article 36 paragraph (1) shall be given written warnings and reportedto the authorizedattidal by the headof the center to imposesanctions in accordance with the law. Business News 7863/9-28-2009 12A Article42 Registration officers who proveunable to keep the secrecy of organicfertilizer formula, bio fertilizer formula or soil regenator formula before the registrationnumber as referred to in Artide 36 paragraph (2) has been set shall be liable to indisclplinary sanction imposed by the authorizedofficial in accordance with the law on person­ nel affairs. Artide43 Heads ofcenterswho prove unableto managea book of registration numbers and register all changes in the subjectand object of organic fertilizer, bio fertiUzer or soli regenator registeredas referred to in Article36 para­ graph (3) shall be liableto indisciplinary sanction imposed by the authorized official in accordance with the Jav«, Article44 Producers or importers of organic fertilizer, bio fertilizer or soil regenatorwho do not guarantee the qual­ ityof their products, put registration numbers in the labels as referred to in Article 37 nor report any change in the holder of registration number as referred to in Article 38 shallhavetheir registration numbersrevoked bythe Agri­ cultureMinister, and be proposed to the authorized official to revoke their productionor import permitsandwithdraw their production from circulation, accompanied by sanc­ tion according to the law. Article 45 The withdrawal of organic fertilizer, bio fertilizer or soil regenator from drculatlon as referred to in Article 44 shall be conducted by the relevant producers and/or importers ............ importers d organic fertilizer, biofertilizer or soil regenator at their own cost. Artide46 If in 2 (two) consecutive years thE! producers of organic fertilizer, bio fertilizeror soil regenator that have secured registration numberS do not carry out production and/orimportnorsubmita reportontheprocurement and disbibution d organic fertilizer, biofertilizer orsoil regenator shall havetheir registration numbers revokedby the Agri­ culture Minister. Article 47 The surveillance of procurement, circulation and use as referred to in Article 29 shall mutatismutandis be conducted under Decree of the Agriculture Minister No. 237/K:pts/OT.210/4/2003. OiAPTERXll OTHER PROVISlONS Artide48 (1) The producers of organic fertilizer, bio fertilizeror soil regenator can serve ordersby special formula in the physical formof organicfertilizer, bio fertilizeror soil regenator in atmrdance with thoseregistered and used directly by thepersons putting the orders. (2) The special formula as referred to in paragraph (1) shall not necessarily be registered inaccordance with thisRegulation. Article49 Theproducers of organic fertilizer, biofertilizer or soil regenator can serve orders by special formula as re ~u~!ness New.:: 7863/9-28-2009 13A ferred to in Article 48 and report them to the Agriculture Minister. Article 50 Organic fi!:!rtilizer, biofertilizer or soilregenator as referred to inArtide 49 shall beprohibited to be drculated and used in the interests of the public. OiAPTER XIII TRANSmONAL PROVISIONS Article51 (l) Organic fertilizer, blo fertilizeror soil regenator whiCh has been registered before this Regulation isput into force shall remain valid until the expiryof its registra­ tion number. (2) APplications for the registration of organic fertilizer, bio fertilizeror soli regenator which beforethisRegu­ lationis put intoforce is being or has been tested will constantly be processed in accordance withtheprevi­ ousregulation. (3) Organic fertilizer, bio fertilizer or soil regenator which before this Regulation is put into force is in the process of being registered but has not been tested shall be treated in accordance with this Regulation. QtAPTER'1lV CXlNQ.USION Article 52 Theimport of plant growing media in the formof soilandcompost otherthanorganic fertilizer, biofertilizer or soil regenator shall remain subject to Decree of the Agriculture Minister No. 797/Kpts/TP.830/10/1984. Article 53 ..... Artide 53 When this Regulation takes effect, Regulation of the AgricultureMinisterNo.02/PertjHK.060/2/2006 shall be declared nullandvoid. Article 54 ThisRegulation shallcomeinto fOrce as fromthe date of stipulation. Forpublk cognizance, this Regulation of the Agri­ culture Minister shall be promulgated by placing it in the StateGazette of the Republic of Indonesia. Business News 7863/9-28-2009 14A Stipulated in Jakarta on May22, 2009 TI-lE AGRICULlURE MINISTER, sgcI. ANfONAPRIYANTONQ ===( S )=== 4. The