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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);

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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;

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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.

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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.

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(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

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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.

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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.

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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

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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.

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(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.

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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