Regulation of the Minister of Agriculture No. 38/Permentan/OT.140/7/2011 on registration of varieties of horticultural plants

GOVERNMENT REGULATIONS REGISTRATION OF VARIETIES OF HORTICULTURAL PLANTS (Regulation of the Minister of Agriculture Number 38/Permentan/OT. 140/7/2011, dated July 14, 2011) BY GRACE OF GOD THE ALMIGHTY THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF INDONESIA, Considering: cle 58 paragraph (3), Article 59 paragraph (3) and Article 60 paragraph (3) of Law Number 13 Year 2010 on Horticulture, it is necessary to regulate the registration of varieties of horticultural plants; a. that in line with the advancement of technology In view of: and the growth of the public need, the releasing 1. Law Number 29 Year 2000 on Protection of Plant system of plant varieties has been less capable of Varieties (Statute Book of the Republic of Indone boosting the growth of horticulture seedling busi- sia Year 2000 Number 241, Supplement to Stat ness; ute Book of the Republic 'of Indonesia Number b. that in order to boost the growth of the business, 4043); 'It is necessary to sirnplitv th e rei ease by means of 2. Law Numb er 13 Year 2010 on HorticlJl turo (StM registration of plant varieties; ute Book of the Republic of Indonesia Year 2010 r: t h ar having regrlroc; to the above ment'loned mat ters and in order to follow up the mandate of Arti Number 132, Supplement to Statute Book of the Republic of Indonesia Number 5170); GOVERNMENT REGULATIONS 3. Government Regulation Number 21 Year 2005 on Biological Security for Genetically Engineered Products (Statute Book of the Republic of Indone sia Year 2005 Number 44, Supplement to Statute Book of the Republic of Indonesia Number 4498); 4. Presidential Decree Number 84/P Year 2009 on the Establishment of the Second United Indonesia Cabinet; 5. Presidential Regulation Number 47 Year 2009 on the Establishment and Organization of State Min istrics; 6. Presidential Regulation Number 24 Year 2010 on Status, Tesk and Function of State Ministries as w~II as Fi~st-Echelon Organizational Structure, TClSk and Function uf SLClt~ Minis tries , 7. Decree of the Minister of Agriculture Number 51 I/KptSIPD.31 0/8/2006 on Kinds of Commodi ties Fostered by the Directorate General of Plan tation, Directorate General of Food Crop and Di rectorate General of Horticulture juncto Decree of the Minister of Agriculture Number 3599/Kpts/ PD.31 0/1 0/2009; 8. Regulation of the Minister of Agriculture Number 61 /Permentan/OT.140/ 10/2010 on Organization and Working Mechanism of the Ministry of Agri culture; DECIDES: To stipulate: THE REGULATION OF THE MINISTER OF AGRCUL TURE ON REGISTRATION OF VARIETIES OF HORTI CULTURAL PLANTS CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Horticultural Plants shall be plants yielding fruits, vegetables, phvto-rnedicine substances, flori culture. including mushrooms, algae and hydro plants functioning as vegetables, phyto medicine substance <lnd/or ;:lp.~thetir.s. 2. Horticultural Seed hereinafter called seed shall be horticultural plant or part thereof used to multiply and/or reproduce horticultural plants. 3. Enrichment of Horti culture: Plants hereinafter called enrichment shall be a series of activities to pre serve tile fJUlilY uf kind and/or varie ty of tile existing horticultural plants or produce kind and/ or variety of better new horticultural plants. 4. Variety Registration shall be public service for col lecting data varieties in the framework of super vising the distribution of seeds. 5. Verification of Variety Truth shall be a method used to prove conformance of performance/phys ic of varieties of horticultural plants to their de scriptions. 6. Variety Release shall be statement of variety owner or proxy, submitted to communities with regards to variety already securing registration identity. 7. Variety of Horticultural Plant hereinafter called va riety shall be part of a kind of horticultural plant marked by model of plant, growth, leaf, flower, seed and other characteristics which may be dif ferentiated in the same kind. 28 Sus;ncs$ N~W5 82()2--S20~;' 20:2 GOVERNMENT REGUlA" ONS 8. Introduction shall be the inclusion of seed or par ent stock material from other countries for the first time and not distributed or traded, but for the need of enrichment of plants or verification in the framework of variety registration. 9. Variety Truth shall be conformance of perfor mance/physics of variety to the description, which may be proven through visual verification or laboratory test. 10. Accredited Testing Institution shall be an institu tion al readv app!y"InQ quality rnanaqernent system and recognized by the institution authorized to ac cr adit. 11. Superior Horticultural Variety hereinafter called superior variety shall be a variety declared by the owned or proxy to have advantage in the yield potential and/or other characteristics. 12. Local Variety shall be a variety already existing and cultivated from generation to generation by farmers as well as becoming property of commu nities. 13. Enrichment organizer shall be individual, legal en tity or government institution organizing a series of to study and test or find and develop a variety. 14. Genetically engineered product shall be life organ ism, part thereof and/or result of their processing that have new genetic structure as a result of the application of modern bio-technology. 15. Distri bution shall be an activity or a series of ac tivities in the framework of distributing seed in the country for trading or not, 16. Registration Identity of Variety shall be written 'Information about the fulfillment of requirements for the registration of variety for the need of distri bution, which is issued by the Directorate General of Horticulture to the request of variety owner or proxy. 17. Central for Protection of Plant Variety and Agricul tural Licensing hereinafter abbreviated to PPVTPP shall be a working unit of organization within the Ministry of Agriculture, which is led by a head of center to execute tasks and functions in the field of variety protection and licensing. 18. Minister shall be the minister in charqe of aqricul tural affairs. Article 2 This regulation shall be intended to provide operational basis for the registration of varieties with a view of protecting consumers from obtoining seeds having performance/variety diversity not matching the description. Article 3 The scope of this regulation shall cover en richment, requirements and procedures for registra tion, varietv release and supervision over registration identity. CHAPTER II ENRICHMENT Article 4 (1) Varieties of horticultural plants may be enriched through domestic enrichment or introduction. (2) The enrichment as meant in paragraph (1) shall be intended to preserve the purity of the existing Business News 5202-82D3/ /T3,-201~' 29 GOVERNMEJ'n REGULATIONS kinds and/or varieties or produce new kinds and/ or va rieties. (3) Results of the plant enrichment in the form of new varieties as meant in paragraph (2) shall be regis tered to the Minister if they are to be released. (4) The registration and distribution of the enrich ment result as meant in paragraph (1) using ge netically eng ineering technology shall meet the requirements for bioloqical security. Article 5 The enrichment of the horticultural plants may be done by individuals, legal entities, institutions of the government and/or regional governments. Article 6 (1) The urtrouuctiou of seed from other counLry for the need of enrichment as meant in Article 4 para graph (1 J shall secure license from the variety owner. (2) The introduction of seed as meant in paragraph (1) Shall be obliged to secure license from the minister, besides license from the variety owner. (3) The license as, meant in paragraph (2) shall be granted in the form of a miriisterial decree by the Director General of Horticulture on behalf of the Minister of Agriculture. (4) The introduction of seeds as meant in paragraph (1) may be done by individuals, legal entities, in stitutions of the government and/or regional gov ernments. Article 7 The introduced seeds as meant In Article 6 paragraph (1) shall meet the following requirements: a. plant quarantine legislation. b. quantity in accordance with the need. c. having description of variety. CHAPTER III REQUIREMENT AND PROCEDURE FOR REGISTRATION Part One Requirement for Variety Registration Article 8 (1) Variety registration shall be intended to collect data about varieties in the framework of supervis ing the distribution of seeds. (2) The collection of data about varieties as meant in paragraph (1) shall include the process of receipt, examination, and clarification of document, issu ance of regi stration identity, entry of variety data into data base. (3) The registration of variety as meant in paragraph (1) shall be exec uted by PPVTPP. (4) Application for the registration of variety may be submitted by enrichment organizer or owner of prospective variety/proxy either ind ividua I, legal entity or institution of the government and/or re gional.government. Article 9 The varieties resulting from the enrichment or local varieties which are registered as meant in Ar ticle 8 paragraph (1) shall meet the following require ments: 30 GOVERNMENT REGULAilOHS a. having variety description suitable to the standard I stipulated by the Director General of Horticulture; b. never registered for distribution. Part Two Variety Truth Test Article 11 c. having certain advantages as recognized by the enrichment organizer or owner of prospective va rieties/their proxy as contained in the description; d. name of variety in the description in letter a fol lows the naming regulated in legislation in the field of plant variety protection. Article 10 The application for registration as meant in Article 8 paragraph (4) shall meet the following re quirements: a. havinq or corrtrollinq the w ould-h» rf'!Oistp.rP.rl vari ety; b. having result of variety advantage test; c. having result of variety truth test; d. statement of rcadiness to cnrich sccds fulfilling the minimum quality standard or technical re quirurne n ts ; e. statement of readiness to assure the truth that the distributed variety is in accordance with the description; f. statement of readiness to preserve archive of the registered seeds or plants as genuine variety (au thentic): g. statement of readiness to withdraw the distrib uted seed if the registration identity of the seed variety is revoked; h. naming the registered variety in accordance with legislation in the field of plant variety pro tection. (1) The truth of variety shall be verified by testing institutions already accredited or appointed by the Minister. (2) The variety truth test as meant in Article 10 let ter b may be done through visual verification or laboratory test. (3) The variety truth test through visual verification as meant in paragraph (2) shall be done by com paring performance of the plant to variety de scription. (4) The variety truth test through laboratory test may he doria hy matching tape of Deoxyribo Nucleic Acid (DNA) of the tested variety to comparator variety. (5) Kinds of plans which may be exempted from the vnrictv truth test as meant in po rogroph (2) sholl meet the following criteria: d. gruufJ uf Ilor icultur e hevinq v arie t v ext rernelv in flue need by consumer taste; b. group of vegetable and medicinal plants having extremely limited usage and consumer; c. kinds having strain easy to change because of en vironmental influence. (6) The Director General of Horticulture shall stipu late furthefthe kinds of plants which may be ex empted as meant in paragraph (5). Article 12 (1) The testing institutions as meant in Article 11 paragraph (1) may be institutions belonging to the 31 GOVERNMENT REGULATIONS government, regional government or private. (2) The testing institutions as meant in paragraph (1) shall be: a. institutions handling the supervision and certi fication of plant seed; or b. universities undertaking education in the ag ri cultural field, or c.· institutions within the agricultural research and development board handing horticultural research and development. (3) The testing institutlons appointed by the Minister as meant in Article 11 paragraph (1) shall submit their readiness in writing to the Minister through the Director General of Horticulture. Article 13 Business communities in the field of horticul ture seedling that have secured certificate of quality management system from the authorized certification institution may test the truth of their own varieties mSLJlting from domestic enrichment Article 14 (1) The testing institutlons as meant in Article 12 paragraph (1) shall meet the following require ments: d •. tIC:!V'lflg cornpe len l human resources in th e field of plant enrichment/agronomy; b. havi ng/controlling site test and/or laboratory test facilities; c. understanding and capable of testing the truth of horticulture varieties in accordance with the effective standards. (2) If the executor of variety truth test as meant in parag raph (1) not yet having laboratory facility, the executor may cooperate With accredited labo ratory in accordance with the scope of the re quired test. (3) The Director General of Horticulture on behalf of the Minister shall regulate further guidance for the variety truth test as meant paragraph 1 letter c. Part Three Registration Procedure Article 15 (1) Individuals, legal entities, institutions of the gov ernment and/or regional government as meant in Article 8 paragraph (4) shall submit application for registration in writinq to the Minister through the Head of PPVTPP by affixinq sufficient duty stamp in accordance with legislation in force, by using Form M odeJ-1 as contained in th e attach ment as an in te qral part of this regulation. (2) The application form as meant In paragraph (1 ) :;hall be accompanied by: a. Result of variety advantage test; b. Variety truth test, c. Letter of readiness like what is mentioned In Artic!e 10 letters o. e. f and g; d. Letter of guarantee of the applicant for in troduction variety, certitying that in 2 (two) years after the registration, the seed has to be produced in the country as long as the seed could not be produced in the country; e. Variety description; 32 f. Photo of plant/part of plant demonstrating the specialty/uniqueness. (3) The Head of PPVTPP. after receiving the applica tion form as meant in paragraph (1) and (2) shall pass on thp rlrrlir.rltion to thp. Dir actor General of Horticulture in no later than 3 (three) working days after finishing the examination of application document if the application is complete and has met the requirements. (4) The Head of PPVTPP, after receiving the applica liull form as rneeru ill paragraph (1) and (2) shall return the application to the applicant for com pleting in no later than 3 (three) working days af ter finishing the examination of application docu ment It the application IS not complete and tails to meet the requirements. (5) If the applicant does not complete the document as meant in paragraph (4) in no later than 14 (fourteen) working days, the application shall be deemed withdrawn. Article 16 (1) The Director General of Horticulture, in no later than 25 (twenty five) working days after receiv ing the application as meant in Article 15 para graph (3), shall have completed the examination and evaluation of the requirements as meant in Arti cle 9 and Artic Ie 10, (2) The examination and evaluation of the document as meant in paragraph (1) shall be done by the Appraiser Team of Horticulture Variety Registra tion (TP2VH) stipulated by the Director General of Horticulture. (3) If the result of the examination and evaluation shows that the application fails to meet the re quirement as meant in paragraph (2),the ap plication shall be returned to applicant through PPVTPP. (4) Varieties already fulfilling the registration re quirements .<IS meant in pClr.<lgr.<lrh (1) sh!lll hI" announced through website of PPVTPP (http:// www.sotjen.deptan.go.id/ppvtnew) and/or the Directorate General of Horticulture (http://www. hortikultura.deptan.go.ld) for JO (thirty) working days. (5) If the announced result of the examinatiun and evaluation as meant in paragraph (4) faces no re JOinder trom other party, reg istran on Identity shall be issued. (6) If the announced result of the examination and evaluation as meant in paragraph (4) faces rejoin der from other party, TP2VH shall clarify the issue to applicant. (7) In executing the clarification as meant in para graph (6), TP2VH shall make decision in no later than 6 (six) months. (8} The registration identity as meant in paragraph (5) shall be stipulated in the form of decree of the Minister of Agriculture signed by the Direc tor General of Horticulture on behalf of the Min ister of Agriculture like Form Model-2 contained in the attachment as integral part of this regula tion. (9) The registration identity as meant In paragraph (5) shall be submitted to the Head of PPVTPP. subse quently granted to applicant. 33 GOVERNMENT REGULATIONS Article 17 TP2VH as meant in Article 16 paragraph (2) shall consist of at least 3 (three) persons. Article 18 (1) The decree as meant in Article 16 paragraph (7) shall contain at least; a. name of applicant; b. address of applicant; c. kind of plant; d. name of variety; e. registration number of variety; and f. variety description. (2) The registration number as meant in paragraph [1 ) lette r e shall contain at least: a. serial number of registration; b. code of commodity group; c. code of plant kind; d. code of registration applicant; and e. issuing year of registration identity. CHAPTER IV RELEASE OF VARIETY Article 19 (1) Every variety may only be released after securing registration numb er. (2) The release of the variety as meant in paragraph (1) shall become responsibility of variety owner or proxy thereof. [3) Procedures for releasing the variety as meant in paragraph (1) shall be as follows: a. notifying in writing to the Director General of Horticulture; and b. announcing through printed media or electron ic media; or c. site demonstration. CHAPTER V SUPERVISION OVER REGISTRATION IDENTITY Article 20 (1) Plant seed supervisor shall supervise the regis tered varieties. (2) If the plant seed supervisor finds: a. mismatch between variety description and plant performance in characteristic becoming the main identifier of variety; b. variety carrying new hazardous plant disturb ing organism [OPT); and/or c. variety causing environmental damage, the supervisor may recommend the revocation of the registration identity of the variety through service in charge of supervision and certification of horticulture seed to the Minis ter through the Head of PPVTPP with a copy made available to the Director General of Hor ticulture. (3) The Head of PPVTPP in not later than 3 (three) working days after receiving the revocation rec ommendation as meant in paragraph (2) shall submit it to the Director General of Horticulture. [4) The Director Genera I of Horticulture after receiv ing the revocation recommendation from the Head of PPVTPP shall conduct evaluation in a period of 25 (twenty five) working days. (5) The evaluation of the revocation recommendation as meant in paragraph (4) shall be done by TP2VH as meant in Article 16 paragraph (2). 34 Business News 8202-82C3/ I'J-2CiL GOVERNMENT REGULATlONS ~6) If the evaluation carried out by TP2VH shows that the revocation recommendation as meant in para graph ~4) turns out to match the provision in para graph (2), the Director General of Horticulture on behalf of the Minister shall revoke the registration identity of the variety. (7) The revocation of the registration identity as meant in paragraph ~6) shall be stipulated by a decree of the Minister of Agriculture and submit ted to the Head of PPVTPP, subsequently granted to the owner of variety/proxy. Article 21 The owner of the registration identity of va riety shall be obliged to preserve the truth of variety and save seed or preserve plant as genuine variety (authcrvt ic) CHAPTER VI TRANSITIONAL PROVISION Article 22 (1) The varieties already released before this ministe rial requlatiori is prornulqa ted shall be declared to remain effective like registration. (2) The varieties already approved for the release in session of the Variety Appraisal and Release Team but release decision has not been issued until the ministerial regulation is promulgated shall secure registration identity of variety directly. (3) The varieties already recommended to the Vari ety Release and Appraisal Team but not yet pro cessed in session, shall be processed like variety registration ruled in this ministerial regulation. CHAPTER VII CONCLUSION Article 23 Following the promulgation of this regulation, Regulation of the Minister of Agriculture Number 371 PermentanlOT .140/8/2006 as long as it rules verifi cation, evaluation, release and withdrawal of horticul tural varieties shall be declared null and void. Article 24 The regulation shall COme into force as from the date of promulgation. For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Re public of Indonesia. Stipulated in Jakarta On July 14, 2011 THE MINISTER OF AGRiCULTURE OF THE REPUBLIC OF INDONESIA sgd. SUSWONO Promulgated in Jakarta On July 20, 2011 THE MINiSTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd PATRIALIS AKBAR STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2011 NUMBER 436 (RJ 35