ORGANIC FERTILIZER, BIO FERTILIZER AND SOIL REGENATORfaolex.fao.org/docs/pdf/ins90314.pdf(2) Organic...
Transcript of ORGANIC FERTILIZER, BIO FERTILIZER AND SOIL REGENATORfaolex.fao.org/docs/pdf/ins90314.pdf(2) Organic...
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 containedinAttachmentmwhichis 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 therelevant 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