no. 88/permentan/pp.340/12/2011 concerning plant...

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REGULATION OF MINISTER OF AGRICULTURE NO. 88/Permentan/PP.340/12/2011 CONCERNING FOOD SAFETY CONTROL OVER IMPORT AND EXPORT OF FRESH FOOD OF PLANT ORIGIN WITH THE GRACE OF THE ALMIGHTY GOD THE MINISTER OF AGRICULTURE Considering: a. that, Regulation of Minister of Agriculture No. 27/Permentan/PP.340/5/2009 has stipulated provisions on food safety control over import and export of fresh food of plant origin; b. that, with the development of science and technology, and society’s demand concerning food quality and safety, Regulation of Minister of Agriculture No. 27/Permentan/PP.340/5/2009 is no longer suitable and should be reviewed; c. that, based on the considerations of paragraphs a and b, it is necessary to re-stipulate Food Safety Control Over Import and Export of Fresh Food of Plant Origin by Regulation of Minister of Agriculture;

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REGULATION OF MINISTER OF AGRICULTURE

NO. 88/Permentan/PP.340/12/2011

CONCERNING

FOOD SAFETY CONTROL OVER IMPORT AND EXPORT OF FRESH FOOD OF

PLANT ORIGIN

WITH THE GRACE OF THE ALMIGHTY GOD

THE MINISTER OF AGRICULTURE

Considering:

a. that, Regulation of Minister of Agriculture No.

27/Permentan/PP.340/5/2009 has stipulated provisions on food

safety control over import and export of fresh food of plant

origin;

b. that, with the development of science and technology, and

society’s demand concerning food quality and safety,

Regulation of Minister of Agriculture No.

27/Permentan/PP.340/5/2009 is no longer suitable and should be

reviewed;

c. that, based on the considerations of paragraphs a and b, it is

necessary to re-stipulate Food Safety Control Over Import and

Export of Fresh Food of Plant Origin by Regulation of Minister

of Agriculture;

2

In view of:

1. Law No. 16/1992 on Animal, Fish, and Plant Quarantine (Statute

Book of 1992 No. 56, Supplement No. 3482);

2. Law No. 7/1994 on Ratification of Agreement Establishing the

World Trade Organization (Statute Book of 1994 No. 576,

Supplement No. 3554);

3. Law No. 7/1996 on Food (Statute Book of 1996 No. 99,

Supplement No. 3556);

4. Law No. 8/1999 on Consumer Protection (Statute Book of 1999

No. 42, Supplement No. 3821);

5. Government Regulation No. 102/2000 on National Standardization

(Statute Book of 2000 No. 199, Supplement No. 4020);

6. Government Regulation No. 14/2002 on Plant Quarantine (Statute

Book of 2002 No. 35, Supplement No. 4196);

7. Government Regulation No. 28/2004 on Food Safety, Quality, and

Nutrition (Statute Book of 2004 No. 107, Supplement No. 4424);

8. Presidential Decree No. 84/P/2009 on Establishment of United

Indonesia Cabinet II;

3

9. Presidential Regulation No. 47/2009 on Establishment and

Organization of State Ministry;

10.Presidential Regulation No. 24/2010 on Position, Task, and

Function of State Ministry and Structure of Organization,

Task, and Function of Echelon I of State Ministry;

11.Regulation of Minister of Health No. 239/Men.Kes/Per/V/1985

on Certain Coloring Substances Declared as Hazardous

Materials;

12.Joint Decree of Minister of Health and Minister of

Agriculture No. 881/MENKES/SKB/VIII/1996 and No.

711/Kpts/TP.270/8/1996 on Maximum Limit of Pesticide Residue

in Agricultural Products;

13.Regulation of Minister of Health No. 1168/Menkes/Kes/X/1999

on Additives Prohibited from Use in Food;

14.Regulation of Minister of Agriculture No.

37/Kpts/HK.060/1/2006 on Technical Requirement and Plant

Quarantine Action on Import of Fresh Fruits and Vegetables to

Indonesian Territory;

15.Regulation of Minister of Agriculture No.

32/Permentan/OT/140/3/2007 on Prohibition on Use of Hazardous

4

Chemical Materials in Paddy Milling Process, Huller, and Rice

Polishing;

16.Regulation of Minister of Agriculture No.

18/Permentan/OT.140/2/2008 on Plant Quarantine Requirement and

Action on Import of Live Plant Products in The Form of Fresh

Bulbs;

17.Regulation of Minister of Agriculture No.

22/Permentan/OT.140/4/2008 on Organization and Work Procedure

of Agricultural Quarantine Technical Operating Unit;

18.Regulation of Minister of Agriculture No.

35/Permentan/OT.140/7/2008 on Requirement and Application of

Good Manufacturing Practices on Agricultural Products of Plant

Origin (Good Manufacturing Practices;

19.Regulation of Minister of Agriculture No.

44/Permentan/OT.140/10/2009 on Guidelines for Good Post-

Harvest Handling of Agricultural Products of Plant Origin

(Good Handling Practices);

20.Regulation of Minister of Agriculture No.

09/Permentan/OT.140/2009 on Quarantine Action Requirement and

Procedure on Import of Carrier of Organism Harmful to

Quarantine Plants to Indonesian Territory;

5

21.Decree of Minister of Agriculture No. 3237/Kpts/HK.060/9/2009

on Form and Type of Document on Plant Quarantine Action and

Safety of Fresh Food of Plant Origin;

22.Regulation of Minister of Agriculture No.

46/Permerntan/HK.340/8/2010 on Places of Entry and Exit of

Carrier of Quarantine Animal Pests and Diseases and Organism

Harmful to Quarantine Plants;

23.Regulation of Minister of Agriculture No.

56/Permentan/OT.140/9/2010 on Implementation of Quarantine

Action Outside Places of Entry and Exit;

24.Regulation of Minister of Agriculture No.

61/Permentan/OT.140/10/2010 on Organization and Work Procedure

of Ministry of Agriculture;

Observing:

1. Principles for Food Import and Export Inspection and

Certification (CAC/GL 20-1995);

2. Guidelines for Food Import and Export Control Systems (CAC/GL

47-2003);

6

3. Guidelines for the Design, Operation, Assessment, and

Accreditation of Food Import and Export Inspection and

Certification Systems (CAC/GL 26-1997);

4. Guidelines on the Judgment of Equivalence of Sanitary Measures

Associated with Food Inspection and Certification Systems

(CAC/GL 53-2003);

5. Codex Alimentarius Joint FAO/WHO Food Standards Program Volume

2B, Pesticide Residues in Food – Maximum Residue Limits,

Second Edition, 2000;

6. Assuring Food Safety and Quality Guidelines for Strengthening

National Food Control Systems, FAO and WHO, 2003;

7. Codex General Standard for Contaminants and Toxins in Food,

CODEX STAN 193-1995, Rev. 2-2006;

8. Indonesian National Standard (SNI) on maximum limit of

microbial contaminant in food. SNI 7388:2009;

DECIDED:

To stipulate: REGULATION OF THE MINISTER OF AGRICULTURE ON FOOD

SAFETY CONTROL OVER IMPORT AND EXPORT OF FRESH FOOD

OF PLANT ORIGIN.

CHAPTER I

7

GENERAL PROVISIONS

Article 1

Hereinafter referred to as:

1. Fresh Food of Plant Origin, hereinafter called PSAT, is food

of plant origin in the form of product produced in

post-harvest processing for consumption or industrial raw

material and/or product which experiences minimal processing.

2. PSAT Safety is condition and attempt required to prevent PSAT

from potential chemical contaminant, biological contaminant,

and/or containing prohibited chemical substances that may

disturb, damage, and is hazardous to human health;

3. Chemical Contaminant is chemical substances (pesticide

residue, heavy metal, and mycotoxin) contained in PSAT

unintentionally through agricultural practices.

4. Biological Contaminant is biological agents (virus, bacteria,

microbe, mold, and yeast) that could contaminate PSAT.

5. Prohibited Chemical Substances are hazardous chemical

compounds prohibited from use in PSAT.

8

6. Prior Notice is a statement letter in the form of a Form

stating about identity of PSAT that must be filled out by PSAT

producer or exporter in country of origin.

7. PSAT Safety Requirement is standard and other regulation that

must be fulfilled to prevent PSAT from potential hazard due to

chemical contaminant, biological contaminant and/or content of

prohibited chemical substances that may disturb, damage, and

is hazardous to human health;

8. Import is import of PSAT from overseas to Indonesian territory

through the designated places of entry.

9. Export is export of PSAT from Indonesian territory to overseas

through the designated places of exit.

10.Place of Entry/Exit is seaport, river port, airport,

transshipment port, dry port, post office, inter-country cross

border posts designated as places of entry/exit.

11.Recognition is acceptance of PSAT safety control system of a

country producing and exporting PSAT by Indonesia’s PSAT

safety competent authority.

12.Equivalence Agreement is agreement between importing country

and exporting country concerning different PSAT safety control

system but produces equal level of PSAT safety protection.

9

13.Recognition of PSAT Safety System of PSAT Production Site is

acceptance of PSAT safety system of PSAT production site of a

country by Indonesia’s PSAT safety competent authority.

14.Plant Quarantine Officer is functional officer controlling

organism harmful to plants who work at Agricultural Quarantine

Institution.

15.Surveillance is a series of activities performed to assess

level of compliance of country of origin whose PSAT safety

system has been recognized by Indonesia (Government of the

Republic of Indonesia).

16.PSAT Owner or His Proxy, hereinafter called Owner or Proxy,

is a person or legal entity who owns PSAT and/or is

responsible for import or export of PSAT.

17.Type of PSAT is every type of PSAT that becomes subject of

food safety control test.

Article 2

(1)This Regulation is intended as basis for the implementation

of PSAT safety control imported to or exited from Indonesian

territory.

10

(2)The objective of this Regulation is so that PSAT imported to

Indonesian territory does not contain chemical and biological

contaminants that exceed the maximum limit and prohibited

chemical substances so that it is safe and fit for

consumption, and PSAT which is exported from Indonesian

territory meets requirements of destination country.

Article 3

The scope of the regulation includes import, surveillance,

freeze, and re-recognition of control system of PSAT safety and

PSAT export.

CHAPTER II

IMPORT

Part One

General

Article 4

(1)Every person who imports PSAT shall be responsible for PSAT

safety in accordance with the legislation.

(2)PSAT safety as referred to in paragraph (1) is a condition of

PSAT which contains chemical and biological contaminants not

exceeding the maximum limit, and not containing prohibited

chemical substances.

11

(3)Type of PSAT, maximum limit of chemical contaminants, maximum

limit of biological contaminants, and prohibited chemical

substances as referred to in paragraph (2), are as specified

in Attachment I as an inseparable part of this Regulation.

Article 5

(1)Food safety control over import of PSAT may only be performed

through:

a. inspection of PSAT import;

b. recognition of PSAT safety control system of a country;

c. equivalence agreement between Indonesia and country of

origin or destination of PSAT; or

d. recognition of PSAT safety control in production site.

(2)Food safety control on import of PSAT shall be performed by

document inspection, identity inspection, sampling, and/or

laboratory test.

(3)Recognition of PSAT safety control system of a country,

recognition of PSAT safety control system in production site

of country of origin, and/or equivalence agreement between

Indonesia and country of origin shall be conducted by the

Minister.

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(4)The period of the recognition as referred to in paragraph (3)

is 2 (two) years.

(5)Procedure of recognition of PSAT safety control system of

country of origin, recognition of PSAT safety control system

in production site of a country, and/or equivalence agreement

between Indonesia and country of origin as referred to in

paragraph (2), is as specified in Attachment II as an

inseparable part of this Regulation.

Article 6

(1)PSAT import as referred to in Article 4 paragraph (1):

a. shall be completed with PSAT safety certificate/document

and prior notice from country of origin;

b. shall pass through the designated places of entry; and

c. shall be reported and submitted to Plant Quarantine Officer

at places of entry for PSAT safety control.

(2)PSAT safety certificate/document, as referred to in paragraph

(1) sub-paragraph a, is a written assurance given by competent

authority on food safety of country of origin stating that

PSAT is safe and fit for consumption.

13

(3)For country of origin which does not have PSAT safety

competent authority, such certificate/document as referred to

in paragraph (2) shall be issued by an institution authorized

to perform control and/or monitoring/surveillance over the

implementation of good practices to ensure PSAT safety.

(4)PSAT safety certificate/document from country of origin, as

referred to in paragraph (1) sub-paragraph a, is not required

for import of PSAT originating from a country or production

site which is already recognized and/or already has an

equivalence agreement.

(5)Prior notice, as referred to in paragraph (1) sub-paragraph

a, is in the form of a Form as specified in Attachment III as

an inseparable part of this Regulation.

Part Two

Control Procedure over PSAT Import

Paragraph 1

Procedure of Control over PSAT Import from Country or Production

Site Whose PSAT Safety Control System is Not Recognized or

Does Not Have Equivalence Agreement

Article 7

14

(1)Owner or proxy shall report and submit PSAT safety

certificate/document and prior notice from country of origin

as referred to in Article 6 paragraph (1) sub-paragraph a to

Plant Quarantine Officer at place of entry as referred to in

Article 6 paragraph (1) sub-paragraph b within not later upon

arrival of PSAT.

(2)If PSAT import is not completed with PSAT safety

certificate/document and/or prior notice as referred to in

paragraph (1), detention shall be performed, and the owner or

proxy is given a time of not later than 14 (fourteen) working

days to complete the PSAT safety certificate/document and/or

prior notice.

(3)Detention as referred to in paragraph (2) is performed to

secure PSAT by sealing and placing PSAT under control and

supervision of Plant Quarantine Officer.

(4)If within the time period as referred to in paragraph (2),

the owner or proxy did not complete PSAT safety

certificate/document and/or prior notice, rejection shall be

performed.

(5)All costs arising as a result of detention shall be imposed

on the owner or proxy.

15

Article 8

(1)If PSAT import is completed with PSAT safety

certificate/document as referred to in Article 7 paragraph

(1), Plant Quarantine Officer shall perform identity

inspection to identify compliance between information on the

PSAT safety certificate/document and prior notice with PSAT

identity on the package and physical condition of PSAT.

(2)In case that result of PSAT identity inspection as referred

to in paragraph (1) proves:

a. non-compliance between information on PSAT safety

certificate/document and prior notice with PSAT identity on

the package and/or physical condition of PSAT, rejection

shall be performed; or

b. compliance between information on PSAT safety

certificate/document and prior notice with PSAT identity on

the package and/or physical condition of PSAT, collection

of PSAT sample shall be performed to be followed with

laboratory test.

(3)During the laboratory test, as referred to in paragraph 2

sub-paragraph b, PSAT shall be under control and supervision

of Plant Quarantine Officer.

16

(4)Sampling procedure for laboratory test, as referred to in

paragraph (2) sub-paragraph b, is as specified in Attachment

IV as an inseparable part of this Regulation.

Article 9

(1)Laboratory test as referred to in Article 8 paragraph (2)

sub-paragraph b shall be performed at an accredited or

appointed laboratory.

(2)For performance of laboratory test, as referred to in

paragraph (1), selection of test laboratory shall be performed

by the owner or proxy.

(3)Cost of the laboratory test, as referred to in paragraph (2),

shall be borne by the owner or proxy.

(4)The appointed laboratory, as referred to in paragraph (1), is

as specified in Attachment V as an inseparable part of this

Regulation.

Article 10

In case that result of the laboratory test, as referred to in

Article 9 proves that:

a. chemical and biological contaminants exceed the maximum limit

and/or containing prohibited chemical substances, as referred

17

to in Article 4 paragraph (3), rejection shall be performed;

or

b. chemical and biological contaminants equal or do not exceed

the maximum limit and containing prohibited chemical

substances, as referred to in Article 4 paragraph (3), plant

quarantine action shall be performed in accordance with the

legislation.

Article 11

(1)Rejection of PSAT import, as referred to in Article 7

paragraph (4), Article 8 paragraph (2) sub-paragraph a, or

Article 10 paragraph a, shall be done by exporting PSAT from

Indonesian territory.

(2)Rejection of PSAT import, as referred to in paragraph (1),

shall be conveyed to the owner or proxy by Plant Quarantine

Officer in the form of letter of rejection along with the

reasons.

(3)Concerning rejection of PSAT import, as referred to in

paragraph (1), Head of Quarantine Agency Technical Operating

Unit shall submit notification of non-compliance to PSAT

safety competent authority of country of origin with a copy

submitted to Head of Agricultural Quarantine Agency.

18

(4)All costs required for the implementation of rejection, as

referred to in paragraph (1), shall be borne by the owner or

proxy.

Article 12

(1)If after 14 (fourteen) working days since date of rejection,

as referred to in Article 11 paragraph (1), PSAT is not

exported from Indonesian territory, destruction shall be

performed.

(2)In the implementation of destruction, as referred to in

paragraph (1), Plant Quarantine Officer shall issue a

destruction report.

(3)All costs required for the implementation of destruction, as

referred to in paragraph (2), shall be borne by the owner or

proxy.

Paragraph 2

Procedure of Control of PSAT Import from Country or Production

Site Whose PSAT Safety Control System is Recognized or Has an

Equivalence Agreement

Article 13

19

(1)Owner or proxy importing PSAT from a country or production

site whose PSAT safety control system is recognized or a

country who has an equivalence agreement, shall report and

submit prior notice, as referred to in Article 8 paragraph

(1), to Plant Quarantine Officer at place of entry within not

later than upon arrival of vehicle transporting PSAT.

(2)Upon arrival of PSAT at place of entry, Plant Quarantine

Officer shall perform identity inspection to identify

compliance between prior notice and identity on PSAT package

and physical condition of PSAT.

(3)In case that result of identity inspection, as referred to in

paragraph (2), proves:

a. non-compliance between information on prior notice with

PSAT identity on the package and/or physical condition of

PSAT, rejection shall be performed; or

b. compliance between information on prior notice with PSAT

identity on the package and/or physical condition of PSAT,

plant quarantine action shall be performed in accordance

with the legislation.

Article 14

20

(1)Rejection of PSAT import, as referred to in Article 13

paragraph (3) sub-paragraph a, shall be done by exporting PSAT

from Indonesian territory.

(2)Rejection of PSAT import, as referred to in paragraph (1),

shall be conveyed to the owner or proxy by Plant Quarantine

Officer in the form of a letter of rejection along with the

reasons.

(3)Concerning rejection of PSAT import, as referred to in

paragraph (1), Head of Agricultural Quarantine Agency

Technical Operating Unit shall submit a notification of non-

compliance to PSAT safety competent authority of country of

origin with a copy submitted to Head of Agricultural

Quarantine Agency.

(4)All costs required for the implementation of rejection, as

referred to in paragraph (1), shall be borne by the owner or

proxy.

Article 15

(1)If after 14 (fourteen) working days since date of rejection,

as referred to in Article 13 paragraph (3) sub-paragraph a,

PSAT is not exported from Indonesian territory, destruction

shall be performed.

21

(2)In the implementation of destruction, as referred to in

paragraph (1), Plant Quarantine Officer shall issue a

destruction report.

(3)All costs required for the implementation of destruction, as

referred to in paragraph (2), shall be borne by the owner or

proxy.

CHAPTER III

SURVEILLANCE

Article 16

(1)To prove compliance of a country or production site whose

food safety system has been recognized and/or country who has

had an equivalence agreement with Indonesia’s food safety

requirements, surveillance shall be performed.

(2)Surveillance, as referred to in paragraph (1), shall be

performed at any time upon import of PSAT through test of

content of chemical contaminants, biological contaminants, and

prohibited chemical substances.

(3)To perform surveillance, as referred to in paragraph (1),

Plant Quarantine Officer shall collect PSAT samples during

22

performance of PSAT identity inspection, as referred to in

Article 13 paragraph (2).

Article 17

(1)Surveillance, as referred to in Article 16 paragraph (2),

shall be performed at the laboratory, as referred to in

Article 9 paragraph (1).

(2)During laboratory test, as referred to in paragraph (1), PSAT

shall be under control and supervision of Plant Quarantine

Officer.

(3)Cost of the laboratory test, as referred to in paragraph (1),

shall be borne by Agricultural Quarantine Agency.

(4)Procedure of surveillance, as referred to in Article 16, is

as specified in Attachment VI as an inseparable part of this

Regulation.

Article 18

(1)In case that result of the laboratory test, as referred to in

Article 17 paragraph (1), proves that:

a. chemical contaminants and biological contaminants exceed

the maximum limit and/or containing prohibited chemical

23

substances, as referred to in Article 4 paragraph (3),

rejection shall be performed;

b. chemical contaminants and biological contaminants are equal

to or do not exceed the maximum limit and do not contain

prohibited chemical substances, as referred to in Article 4

paragraph (3), plant quarantine action shall be performed

in accordance with the legislation.

(2)Rejection of PSAT import, as referred to in paragraph (1)

sub-paragraph a, shall be done by exporting PSAT from

Indonesian territory.

(3)Rejection of PSAT import, as referred to in paragraph (1),

shall be conveyed to the owner or proxy by Plant Quarantine

Officer in the form of a letter of rejection along with the

reasons.

(4)Concerning rejection of PSAT import, as referred to in

paragraph (1), Head of Agricultural Quarantine Agency

Technical Operating Unit shall submit notification of non-

compliance to PSAT safety competent authority with a copy

submitted to Head of Agricultural Quarantine Agency.

24

(5)All costs required for the implementation of rejection, as

referred to in paragraph (1), shall be borne by the owner or

proxy.

Article 19

(1)If after 14 (fourteen) working days since date of rejection,

as referred to in Article 18 paragraph (1), PSAT is not

exported from Indonesian territory, destruction shall be

performed.

(2)In the implementation of destruction, as referred to in

paragraph (1), Plant Quarantine Officer shall issue

destruction report.

(3)All costs required for the implementation of destruction, as

referred to in paragraph (2), shall be borne by the owner or

proxy.

CHAPTER IV

FREEZE AND RE-RECOGNITION OF PSAT SAFETY CONTROL SYSTEM

Article 20

Freeze of recognition of food safety control system of PSAT of a

country, recognition of PSAT safety control in production site,

25

or equivalence agreement, shall be perfdormed by the Minister of

Agriculture in the case of 3 (three) times of:

a. non-compliance in PSAT identity inspection, as referred to in

Article 13 paragraph (3) sub-paragraph a; or

b. result of laboratory test, as referred to in Article 18

paragraph (1), shows that chemical contaminants and biological

contaminants exceed the maximum limit and/or containing

prohibited chemical substances as referred to in Article 4

paragraph (3).

Article 21

(1)Re-recognition of food safety control system on PSAT type of

a country, PSAT safety control system in production site,

equivalence agreement, or the frozen one, as referred to in

Article 20, can be granted by the Minister after performance

of review and re-verification in country of origin.

(2)In performing review and verification, as referred to in

paragraph (1), the Minister shall be assisted by a Team.

(3)The Team, as referred to in paragraph (2), shall be

established by a separate Decree.

Article 22

26

Concerning import of PSAT originating from a country or

production site whose recognition is frozen, as referred to in

Article 20, provisions on procedure of PSAT import, as referred

to in Articles 7 to 12, shall be applied.

CHAPTER V

PSAT EXPORT

Article 23

(1)PSAT export shall be in accordance with regulations on PSAT

safety of destination country, if required.

(2)PSAT export, as referred to in paragraph (1), from Indonesian

territory:

a. shall be completed with certificate or document stating

about condition of PSAT safety in accordance with

requirements of destination country issued by an accredited

laboratory, accredited certification institution, or PSAT

safety competent authority;

b. shall pass through the designated places of exit; and

c. shall be reported to Plant Quarantine Officer.

(3)Plant Quarantine Officer at place of exit shall perform

inspection of completeness and correctness of the documents

27

required by destination country as referred to in paragraphs

(1) and (2).

(4)If result of inspection shows fulfillment of the requirement,

as referred to in paragraph (3), PSAT can be delivered to

destination country.

CHAPTER VI

TRANSITORY PROVISIONS

Article 24

(1)Concerning PSAT which has been loaded to transportation

vehicle in country of origin within not later than 30 (thirty)

days since the application of this Regulation, PSAT safety

control shall be performed based on the provisions of

Regulation of Minister of Agriculture No.

27/Permentan/PP.340/5/2009 juncto Regulation of Minister of

Agriculture No. 38/Permentan/PP.340/8/2009.

(2)Existing recognition of PSAT safety control system shall be

valid until its expiry date.

CHAPTER VII

CLOSING PROVISIONS

28

Article 25

Implementation of safety control over PSAT import and export

shall be done integrally with the implementation of plant

quarantine action.

Article 26

With the enactment of this Regulation, Regulation of Minister of

Agriculture No. 27/Permentan/PP.340/5/2009 juncto Regulation of

Minister of Agriculture No. 38/Permentan/PP.340/8/2009 is

revoked and declared inapplicable.

Article 27

This Regulation shall be effective 3 (three) months since date

of enactment.

For public cognizance, this Regulation is enacted by placing it

in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta

December 14, 2011

MINISTER OF AGRICULTURE

Sgd

SUSWONO

Enacted in Jakarta

Date:

MINISTER OF JUSTICE AND HUMAN RIGHTS

OF THE REPUBLIC OF INDONESIA

29

AMIR SYAMSUDDIN

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2011 NO.

ATTACHMENT I OF REGULATION OF MINISTER OF AGRICULTURE

NO: 88/Permentan/PP.340/12/2011

DATED: December 14, 2011

FRESH FOOD OF PLANT ORIGIN (PSAT), MAXIMUM LIMIT OF CHEMICAL

CONTAMINANT, BIOLOGICAL CONTAMINANT, AND PROHIBITED CHEMICAL

In the separate file

ATTACHMENT II OF REGULATION OF MINISTER OF AGRICULTURE

NO: 88/Permentan/PP.340/12/2011

DATED: December 14, 2011

PROCEDURE OF RECOGNITION OF PSAT SAFETY CONTROL SYSTEM OF

COUNTRY OF ORIGIN, RECOGNITION OF PSAT SAFETY CONTROL SYSTEM IN

A PRODUCTION SITE AND/OR EQUIVALENCE AGREEMENT ON PSAT SAFETY

CONTROL SYSTEM BETWEEN INDONESIA AND COUNTRY OF ORIGIN

A. PROCEDURE OF RECOGNITION OF PSAT SAFETY CONTROL SYSTEM OF

COUNTRY OF ORIGIN

I. REQUIREMENT

Requirement of PSAT safety control system in a country so it

can be given recognition:

30

1. applying good agricultural practices (GAP) on the PSAT

type;

2. applying good handling practices (GHP) on the PSAT type.

II.PROCEDURE

The process of grant of recognition of PSAT safety control

system in a country shall follow the following procedure:

1. Application Submission

Application shall be submitted in writing by PSAT

producer/his proxy in a country to the Minister of

Agriculture through Agricultural Quarantine Agency by

filling out Form of Application for Recognition accompanied

with documents and information concerning safety control

system of PSAT type in a country.

2. Assessment

a. Assessment shall be performed on the application

submitted.

b. Assessment shall be performed by a Team appointed by the

Minister of Agriculture.

c. If the application, document and information, as

referred to in point 1, have been received, the Team shall

31

perform assessment within not later than 3 (three) months

since receipt of application.

d. If the documents and information as referred to in point

1 are incomplete and/or during assessment process it is

found that the documents are incomplete, the applicant

shall be given an opportunity to complete it within not

later than 3 (three) months since letter of notification on

document incompletion to the applicant.

e. If the document is not completed, the application for

recognition shall be deemed null and void, and if the

applicant wanted to continue with process of application

for recognition, he is required to re-submit application

for recognition.

f. Result of assessment will be followed-up with on-site

verification on the production site.

3. On-Site Verification

a. Verification shall be performed by a Team appointed by

the Minister of Agriculture.

b. Before performance of verification, the Team shall

arrange planning that includes place and time of

performance of verification and other matters concerning

32

performance of verification and will be first discussed

with the applicant or his proxy.

c. The Team shall perform verification to country of origin

to evaluate compliance between

regulation/document/information given by the applicant with

food safety control system practices performed on PSAT type

in country of origin to be requested for recognition.

d. Result of on-site verification shall be written on a

work document.

e. The work document shall record result of verification

consisting of:

- elements of PSAT safety control system;

- non-compliance with authentic proofs on documentation and

facts.

f. Based on the work document, as referred to in letter e,

the Team shall arrange Report on Verification Result.

4. Evaluation

a. Verification result shall be reported by Chairman of

the Team to the Minister of Agriculture in Agricultural

Ministry meeting.

33

b. Submission of report, as referred to in letter a, is

intended to obtain assessment on Report on Verification

Result.

c. Assessment on Report on Verification Result shall be

contained in Verification Report Evaluation.

d. Verification Report Evaluation shall have been

implemented within not later than 3 (three) months since

completion of On-Site Verification activity.

e. On-Site Verification Evaluation shall be followed-up

with discussion at Team level within not later than 6 (six)

months since presentation of Report on Verification Result.

f. Result of discussion at Team level shall be conveyed in

writing to the applicant.

g. If the result, as referred to in letter f, shows non-

compliance of PSAT safety control system in production site

requested for recognition with Indonesia’s PSAT safety

requirement, the applicant is advised to perform corrective

action.

h. If the applicant has performed corrective action, the

process of grant of recognition can be followed-up with

further on-site verification.

34

i. Further verification shall be performed on non-

compliances found in the previous verification.

j. If the result, as referred to in letter i, is considered

in accordance with Indonesia’s PSAT safety requirement,

process of grant of recognition shall be followed up with

Stipulation of Recognition.

5. Recognition

a. Recognition shall be stipulated by the Minister of

Agriculture in the form of a Decree within not later than 6

(six) months since performance of Verification Report

Evaluation.

b. The Recognition, as referred to in letter a, shall be

valid for a period of 2 (two) years.

c. Extension of validity period of the Recognition, as

referred to in letter b, can be given after producer/his

proxy re-submits application for recognition and will be

followed-up with assessment and repeat verification.

III.SCOPE OF RECOGNITION

Types of commodity that can obtain recognition are PSAT type

produced by a country which has been granted recognition.

35

IV. APPLICATION FORM OF RECOGNITION

Sample of application form of recognition as mentioned in Part

II point 1 is as follow:

APPLICATION FOR RECOGNITION OF FFPO IN A COUNTRY

In the separate file

B. PROCEDURE OF GRANT OF RECOGNITION OF PSAT SAFETY CONTROL

SYSTEM IN A PRODUCTION SITE

I. REQUIREMENT

PSAT safety control system requirement in a production site in

a country so it can be given recognition:

1. Applying good agricultural practices (GAP) in production

site.

2. Applying good handling practices in production site.

3. Being a registered and certified production site.

II.PROCEDURE

Process of grant of recognition of PSAT safety control system

in a production site shall follow the following procedure:

36

1. Application Submission

Application is submitted in writing by PSAT producer/his

proxy in a production site to the Minister of Agriculture

through Agricultural Quarantine Agency by filling out Form

of Application for Recognition accompanied with documents

and information concerning safety control system of PSAT

type in a production site.

2. Assessment

a. Assessment shall be performed on submitted application.

b. Assessment shall be performed by a Team appointed by the

Minister of Agriculture.

c. If the application, document, and information, as

referred to in point 1, have been received, the Team shall

perform assessment within not later than 3 (three) months

since receipt of application.

d. If the documents and information as referred to in point

1 are incomplete and/or during assessment process it is

found that the documents are incomplete, the applicant is

given an opportunity to complete it within not later than 3

(three) months since letter of notification on document

incompletion to the applicant.

37

e. If the document is not completed, the application for

recognition shall be deemed null and void, and if the

applicant wishes to continue with process of application

for recognition, he is required to re-submit application

for recognition.

f. Result of assessment will be followed-up with on-site

verification on the production site.

3. On-Site Verification

a. Verification shall be performed by a Team appointed by

the Minister of Agriculture.

b. Before performance of verification, the Team shall

arrange planning consisting of place and time of

performance of verification and other matters concerning

performance of verification and will be first discussed

with the applicant or his proxy.

c. The Team shall perform verification in production site

to evaluate compliance of regulation/document/information

given by the applicant with food safety control system

practices performed on PSAT type in production site to be

requested for recognition.

38

d. Result of on-site verification shall be written on a

work document.

e. The work document shall record result of verification

consisting of:

- elements of PSAT safety control system;

- non-compliance with authentic proofs on documentation and

facts.

f. Based on the work document, as referred to in letter e,

the Team shall arrange Report on Verification Result.

4. Evaluation

a. Verification result shall be reported by Chairman of

the Team in meeting of Agricultural Quarantine Agency and

the related institutions.

b. Submission of report, as referred to in letter a, is

intended to obtain assessment on Report on Verification

Result.

c. Assessment on Report on Verification Result shall be

contained in Verification Report Evaluation.

39

d. Verification Report Evaluation shall have been

implemented within not later than 3 (three) months since

completion of On-Site Verification activity.

e. On-Site Verification Evaluation shall be followed-up

with discussion at Technical Commission level within not

later than 6 (six) months since presentation of Report on

Verification Result.

f. Result of discussion at Team level shall be conveyed in

writing to the applicant.

g. If the result, as referred to in letter f, shows non-

compliance of PSAT safety control system in production site

requested for recognition with Indonesia’s PSAT safety

requirement, the applicant is advised to perform corrective

action.

h. If the applicant has performed corrective action,

process of grant of recognition can be followed-up with

further on-site verification.

i. Further verification shall be performed on non-

compliances found in the previous verification.

j. If the result, as referred to in letter i, is considered

in accordance with Indonesia’s PSAT safety requirement,

40

process of grant of recognition shall be followed up with

Stipulation of Recognition.

5. Recognition

a. Recognition shall be stipulated by the Minister of

Agriculture in the form of a Decree within not later than 6

(six) months since performance of Verification Report

Evaluation.

b. The Recognition, as referred to in letter a, shall be

valid for a period of 2 (two) years.

c. Extension of validity period of the Recognition, as

referred to in letter b, can be given after producer/his

proxy re-submits application for recognition and will be

followed-up with assessment and repeat verification.

III.SCOPE OF RECOGNITION

Types of commodity that can obtain recognition are PSAT type

produced by a production site which has been granted

recognition.

IV. APPLICATION FORM OF RECOGNITION

Sample of application form of recognition as mentioned in Part

II point 1 is as follow:

41

APPLICATION FOR RECOGNITION OF PRODUCTION SITE

In the separate file

C. PROCEDURE OF EQUIVALENCE AGREEMENT ON PSAT SAFETY CONTROL

SYSTEM BETWEEN INDONESIA AND COUNTRY OF ORIGIN

I. REQUIREMENT

Requirement of equivalence agreement on PSAT safety control

system between Indonesia and country of origin:

1. Being an initiative of two or more countries that have PSAT

trade relations with Indonesia;

2. Both countries have Food Safety Competent Authority who

prepares/submits information, gives opportunity for

verification performance on PSAT safety control system

II.PROCEDURE

Process of preparation of equivalence agreement on PSAT safety

control system is as follows:

1. Application shall be submitted in writing by Food Safety

Competent Authority of a country who will apply for

equivalence agreement to the Minister of Agriculture

through Head of Agricultural Quarantine Agency by filling

out Form of Application for Equivalence Agreement

42

accompanied with documents and information concerning

safety control system of the PSAT type.

2. The Minister of Agriculture shall form an Assessment and

Verification Team on PSAT Safety Control System to assess

preparedness of Indonesia’s PSAT safety control system and

its scope which will be set forth in equivalence agreement

and to perform verification on PSAT safety control system

in exporting country.

3. The Minister of Agriculture shall give an opportunity to

Food Safety Competent Authority of country of origin to

cooperate in preparing and following up and process of

consultation and negotiation of conditions in PSAT safety

control system of each country.

4. Equivalence agreement can be stipulated if both parties

objectively accept different sanitary actions/conditions in

PSAT safety control system of each country, but achieving

appropriate level of protection (ALOP).

5. Stipulation of equivalence agreement on sanitary

actions/conditions in the framework of inspection and

certification shall be based on the following principles:

a. Both parties are entitled to stipulate ALOP in each

country;

43

b. Sanitary conditions in the stipulation of equivalence

agreement shall not be discriminative to WTO member

countries and shall not create hidden barriers to

international trade.

c. Both parties may recognize different sanitary

actions/conditions but achieving ALOP.

d. Country of origin shall be responsible to objectively

show that the sanitary actions applied by the country

concerned have achieved ALOP of importing country.

e. Upon demand of country of origin or importing country

or both, consultation and negotiation shall be performed to

determine equivalence of sanitary actions applied by both

countries within a rational time.

f. Evaluation shall be conducted objectively on sanitary

actions performed in both countries.

g. Risk analysis in stipulation of equivalence agreement,

each country shall be consistent in using internationally

accepted technique and methodology.

h. In determining equivalence, the importing country in

accordance with its knowledge and experience, will review,

44

assess, and evaluate PSAT inspection and certification in

country of origin.

i. Country of origin shall give access, upon demand of the

importing country, to review, assess, and evaluate its PSAT

inspection and certification system.

j. Stipulation of equivalence agreement shall consider

methods to maintain sustainability in the implementation

thereof.

k. Countries who arrange agreement shall ensure

transparency in consultation and negotiation in the

stipulation of equivalence agreement.

l. Equivalence agreement can be made by two or more

countries.

III.SCOPE OF RECOGNITION

1. Equivalence agreement on PSAT safety control system

consists of, amongst others, work frame, legislation,

control and procedure, inspection and certification

services, legislation enforcement, laboratory services,

place of production/packaging, and information exchange.

45

2. Equivalence agreement shall cover review procedure and

regular perfection to settle differences arising in the

framework of equivalence agreement.

III.CONTENT OF EQUIVALENCE AGREEMENT

Equivalence agreement shall at least contain information

concerning the following matters:

a. type of agreement (bilateral or multilateral);

b. title of agreement;

c. parties engaged in agreement;

d. objective of agreement;

e. scope of agreement;

f. definition of terms;

g. substance of obligations;

h. competent authority responsible for agreement;

i. equivalence findings;

j. provisions on assessment/verification;

k. sample collecting;

l. methodology, analysis, and other methodology;

m. administrative procedure;

n. information exchange and cooperation;

o. transparency;

p. notification;

46

q. dispute settlement;

r. liaison officer;

s. effective date;

t. review, modification, and termination; and

u. signature.

E. PROCEDURE FOR DETERMINING EQUIVALENCE

1. Importing country shall provide detailed information

concerning sanitary conditions applied, upon demand of country

of origin (exporter).

2. Country of origin shall review all sanitary conditions

applied by importing country to identify sanitary actions

required in the framework of equivalence agreement.

3. Both countries shall perform exchange of information,

especially concerning matters required for equivalence

agreement.

F. EQUIVALENCE DECISION

1. Equivalence decision of importing country shall be based on

transparent, objective, and consistent analysis process and

shall incorporate consultation with all related parties.

47

2. Equivalence decision of importing country on sanitary

actions shall consider:

a. experience, knowledge, and confidence on food inspection

and certification system of country of origin;

b. supporting data submitted by country of origin;

c. analysis on sanitary actions of country of origin, and

objective achievement of ALOP;

d. the parameter shall be stated as far as it is possible

quantitatively;

e. diversity and source of uncertainty of other data;

f. identified benefit for human health which is expected of a

sanitary action in exporting country;

g. Codex rules concerning food safety.

3. Exporting and importing countries should immediately notify

about changes in program and recommendation that may affect

equivalence decision.

Procedure for determining and equivalence decision shall

basically be in accordance with CAC/GL 53-2003 and CAC/GL 34-

1999.

48

V. APPLICATION FORM OF EQUIVALENCE AGREEMENT

Sample of application form of recognition as mentioned in Part

II point 1 is as follow:

APPLICATION FOR EQUIVALENCE AGGREEMENT OF FFPO

In the separate file

ATTACHEMENT III OF REGULATION OF MINISTER OF AGRICULTURE

NO: 88/Permentan/PP.340/12/2011

DATED: December 14, 2011

REMARK ON PSAT (PRIOR NOTICE)

In the separate file

ATTACHMENT IV OF REGULATION OF MINISTER OF AGRICULTURE

NO: 88/Permentan/PP.340/12/2011

DATED: December 14, 2011

SAMPLING PROCEDURE FOR LABORATORY TEST

A. SAMPLING PROCEDURE FOR LABORATORY TEST

Plant Quarantine Officer at place of entry shall collect

samples and shall pack test samples in such a way so they will

not experience damage/degradation during shipment. Afterwards,

the test samples shall be handed to PSAT safety test

laboratory.

49

1. Sampling shall be performed by Plant Quarantine Office who

already received sampling training.

2. In performing sampling, Plant Quarantine Officer shall fill

out Sampling Report in accordance with the format in Form 1

Sampling Report and attach it to the Letter of Application

for Laboratory Test from Head of Agricultural Quarantine

Technical Operating Unit (UPT) concerned and hand it to

PSAT safety test laboratory chosen by the owner or proxy as

specified in Form 2 together with PSAT samples to be

tested.

3. The Letter of Application for Laboratory Test shall mention

test parameter expected, for example: for pesticide residue

test, type of pesticide’s active material to be tested must

be mentioned. Format of Letter of Application for

Laboratory Test is as specified in Form 3.

4. PSAT sample to be sent to the test laboratory shall be

packed by Sampling Officer (PPC) in accordance with

expected requirement for PSAT safety test.

5. PSAT samples can be delivered personally by Plant

Quarantine Officer to PSAT safety test laboratory or

through courier service or by coordination with PST safety

test laboratory.

6. The PSAT safety test laboratory shall perform test in

accordance with the expected test parameter such as the one

50

in Form 3 within not later than 1 (one) working day since

receipt of PSAT samples.

7. The test laboratory shall submit report on test result to

Agricultural Quarantine UPT who submitted test application

within not later than 1 (one) working day since completion

of test.

8. Plant Quarantine Officer shall inspect test result on

chemical contaminants in PSAT tested with maximum limit of

contaminants stipulated and contained in Report on

Performance/Control Result*) Physical/Health Examination of

Carrier/Identity Inspection and PSAT Safety Test (DP-7)

within not later than 1 (one) working days since receipt of

test result.

B. SAMPLING

1. SAMPLING METHOD

There are two (2) sampling methods, namely lottery and car

methods. Lottery method is used to select samples from the

population which is in packed form, while car method is used

to select samples from the population which is in bulk form.

1.1. Lottery Method

1.1.1. Using Slips of Paper

51

1. If we have lot of items consisting 36 boxes and wish to

take 6 boxes as samples.

2. Prepare paper slips with a size equal to lot size. Give

numbers according to lot size (N), in this case 1 to 36.

3. Place the paper slips in a box.

4. Shake the box.

5. Take a paper slip and write down the number on the slip.

6. Put the slip back to into the box, shake the box again, and

repeat this procedure until there are 6 different numbers

selected.

This method is called random as each number has an equal

chance of being selected, provided that after number picking,

the slips must be placed back into the box.

1.1.2. Using Random Table

1. If the lot size is equal to 300 boxes and 20 boxes are

taken as samples.

2. Each pack or unit shall be given sequence number, for

example 1, 2, 3, etc. …300.

52

3. As number of packs consists of 3 digits (200), a random

number is required consisting of a sequence of 3 random

numbers and 3 random columns selected, for each pack to be

taken as samples.

4. To determine starting point, point randomly (for example by

a pencil) a number on the first page of the random table

(Table 6), in this case for example pointing at line 48 column

10. On line 48, write down 4 numbers starting from column 10

to the right (columns 10, 11, 12, 13), namely 3203. The first

two numbers for line number and the following two numbers for

column number of starting point. As starting point, line 32

and column 3 are selected.

5. Write down 3 numbers each starting from the starting point

to the right direction until 20 pairs of numbers are obtained.

Number 592 is obtained, and it is greater than 300 so it is

not used. And, numbers which are not greater than 300 are:

126, 236, 163, 189, 278. As there are only 2 numbers left,

reading is continued to the next line (line 33) and to make it

easy, take the left direction, numbers 70, 210, etc until 20

different pairs of numbers are obtained. Units whose numbers

are picked are selected as samples.

I.2. Car Method

53

Random sampling can also be performed on bulk products in form

of grains which are commonly carried in container or in ship’s

hold and shall be collected by using a special device. Car

sampling method diagram can be seen in Figure 1.

Samples taken from a car shall consist of at least 5 probes

taken from the following points:

a. Middle point of a ship’s hold.

b. 1 – 1.5 cm from rear door/wall of the ship’s hold and 0.5

to the inside of one of the ship’s hold side.

c. 1 – 1.5 m from the same point of the ship’s hold, but 0.5 m

from the opposite side, such as in collection of samples

(2) and (5) such as in collection of samples (2) and (3),

but from opposite point and side of ship’s hold.

0.5 m from side 0.5 m from side

O O 1 – 1.5m from rear point

Door O

middle

1 – 1.5 m from door O O

0.5 m from side 0.5 m from side

Figure 1. Car sampling diagram

This method can also be applied on packed products, if

sampling is performed directly in the car, commonly in the

port or on inter-country border.

54

2. PSAT SAMPLING PROCEDURE

2.1.Preparation of Sampling Kits and Equipment

Sampling kits and equipment required for sample collection

that shall be prepared consist of:

- sampling kits (for example, gloves, shovel, double-headed

spear, single-headed spear, vacuum, etc.)

- sample containers (for example, plastic bags, aluminum foil

bags)

- shipping tools (refrigerated containers, frozen containers)

- identification kits (for example, label, marker pen,

ballpoint pen, glue)

2.2. Sampling Procedure

PSAT package is divided into 3 (three) types, namely bulk

package, large package (sack/large container), and small

package (commonly of less than 5 kg per primary package).

Sampling system for the three package types is different.

Total samples for each type of package are as specified in

Table 1.

2.2.1. Bulk Package Sampling

55

Sampling of PSAT whose package is in form of bulk shall be in

accordance with the procedure based on SNI’s Solid Sampling.

And, sampling points shall be determined based on random

sampling car method. Sampling procedure is as follows:

1. Collect samples from a car consisting of at least 5 (five)

probes.

2. From On each point, at least 1 kg or 5 units are taken.

3. All samples are mixed and collected according to Table 1.

4. Separate samples for each different test by special

handling, depending on the type of test to be performed.

2.2.2. Large Package Sampling

Sampling of PSAT with large package shall be in accordance

with the procedure based on SNI’s Solid Sampling. Sampling

points (containers to be used as samples) shall be determined

based on random sampling, whether lottery method by using

paper slips or Random Table (Table 6).

2.2.3. Small Package Sampling

2.2.3.1. Product without Secondary Package

Sampling procedure to determine status of acceptance or

rejection commonly refers to Codex AQL 65. If Codex procedure

is adopted it becomes very expensive as all samples must be

56

tested one by one to determine status of acceptance or

rejection. But, if test could be done fastly, Codex AQL 6.5

method can be fully implemented.

Sampling procedure shall be in accordance with Codex (Table 5.

Sampling Plan I). Sampling point shall be determined based on

Car Method. For example, there is a lot with total packages of

6,000 units, each package has a weight of 3 kg. So, the

sampling procedure is as follows:

1. Take 13 packages (see Table 5) from position in accordance

with Car Method.

2. Open the packages, take at least 1 kg (at least 5 units)

from each package.

3. All samples shall be mixed and collected in accordance with

Table 1.

4. Separate samples for each different test type by special

handling, depending on the test type to be performed.

5. Unused samples shall be returned.

2.2.3.2. Product with Secondary Package

Sampling procedure is a combination of SNI’s Solid Sampling

and Codex AQL 65. For example, there is a lot with total

secondary packages of 300 containers. Each container contains

57

20 primary packages (total primary package is 6000 units),

each package has a weight of 3 kg.

Based on SNI (see Table 3 and 4), total primary samples that

must be collected are 200 packages from 20 containers (10

primary packages are taken from each container). While, in

accordance with Codex AQL 65, total samples that must be

collected are 13 units. So, the sampling procedure is as

follows:

1. Pick 20 containers by Random Method.

2. Open the containers and take 10 packages from each

container.

3. 200 packages are mixed and 13 packages are picked by Random

Method.

4. Take 1 kg (at least 5 units) from each package.

5. All samples shall be mixed and collected in accordance with

Table 1.

6. Separate samples for each different test type by special

handling, depending on the test type to be performed.

7. Unused samples shall be returned.

2.3. Sample Identification

58

1. Attach label to sample container after samples have been

taken. Stick label properly to prevent it from detaching

during handling or transportation.

2. Number each sample container or write down code of samples

on the label. The code is intended so that sample identity is

unknown by the test laboratory. The code on the label shall be

similar to the one on the report.

3. If sample unit is taken from large package such as

cardboard box, write down cardboard box identity on the sample

label to give a chance for re-test of the sample concerned.

4. Label could be in the form of sticky paper or other

material whose content is unalterable without damaging it.

Write down label identity with date, sample number, and person

collecting the sample. If more than one sample are expected,

each unit of samples shall be treated equally.

2.4. Reporting

After collection and shipment of samples, a sampling report

shall be made by using Form 1.

Form 1.

LETTER HEAD OF LOCAL TECHNICAL OPERATING UNIT (UPT)

59

Officer’s Name: -filled in with name of Plant Quarantine Officer

who has received Sampling Training who performs PSAT sampling

Officer Registration Number: - fill in with registration number

of Sampling Officer (if already registered)-

If the Sampling Officer is not yet registered, this field is not

necessarilly filled.

Sampling No: - fill in according to UPT’s administrative records

Name of Requesting Company: - fill in with name of company

(importer/exporter) being owner of PSAT whose sample is taken

Address: - fill in with address of the above company

Name of Test Laboratory: - fill in with name of destination

laboratory to test PSAT safety

Address: - fill in with address of the foregoing laboratory

Sample Identification: - this field is not necessarily filled

Sampling date: - fill in with date of performance of PSAT

sampling

Name of sample/code: - fill in with name of PSAT whose sample is

taken-

-Can be completed with code, if necessary

Objective of sampling: - fill in with objective of sampling, for

example “for PSAT safety test on pesticide residue/mycotoxin,

heavy metal”-

- This field is filled in in accordance with target of test to

60

be performed-

Sample condition: -fill in with actual condition of samples

during sampling, for example: “good” or “spoiled” or “damaged”

Product temperature during sampling: - fill in with product

temperature based on result of measurement of product

temperature-

-This field is filled in if during sampling, measurement of

product temperature is performed

Total samples: - fill in with total samples collected

Sampling location: - fill in with name of sampling location, for

example: “warehouse…”

Sample package: - fill in with type of package used to wrap the

samples collected

Idenity of transport vehicle: -fill in with name of transport

vehicle (name of aircraft, ship, etc.) and flight or shipping

number

Sampling method: - fill in with sampling method performed – in

accordance with PSAT Sampling Guidelines

Notes on Sampling: -fill in with other necessary information

concerning sampling, amongst others, sample storage, shipment,

etc.

Sampling Officer:

-signature of sampling

Samples recipient:

-signature of administrative

61

officer-

(…………………………………………)

officer of destination

laboratory-

(…………………………………………)

Form 2.

FORM OF APPLICATION FOR APPOINTMENT OF PSAT TEST LABORATORY

Place, date/month/year

I the undersigned as PSAT owner/proxy*):

Name: _____________

Address: ______________

Company’s Name: __________

hereby submits application fopr PSAT Laboratory Test to:

O 1. Center for Quality Testing and Agricultural and Forestry

Product Certification (BPMSHPHH)

O 2. Center for Fisheries Development and Control (BBPPHP),

Ministry of Marine and Fisheries

O 3. National Drug & Food Testing Center of Drug & Food Control

Agency

O 4. Center for Plant Product Quality Testing, Directorate

General of Food Crops

O 5. Agro Chemical Laboratory Installation, Food Crop and

Horticulture Protection Agency (BPTPH) of West Java

O 6. BPTPH of North Sumatera

62

O 7. BPTPH of West Sumatera

O 8. Regional Health Laboratory of Lampung Province

O 9. BPTPH of Surabaya

O 10.Center for Drug and Food Control (BBPOM) of Denpasar

O 11 BPTPH of Maros

O 12 BBPOM of Makassar

O 13 ………………………. (accredited laboratory)

(Put a check mark (V) on selected laboratory)

*) delete the unnecessary

Form 3.

LETTER HEAD OF LOCAL UPT

Place, date/month/year

No:

Attachment: 1 page (please attach Sampling Report)

To:

Head of Laboratory …

in …

The undersigned:

Name: (fill in with name of Head of UPT or his authorized

officer)

Occupation: (fill in with occupation accordingly)

Institution: (fill in with name of institution/UPT)

63

Address: (fill in with address of institution/UPT completely and

clearly)

Phone/Fax: (fill in with phone and fax numbers)

hereby submits application for testing of fresh food of plant

origin owned by … address: … as follows:

No Commodity Quantity Package Condition Test Parameter Method Remark

-mention test

parameter

expected-

Please be informed accordingly. Thank you for your attention and

cooperation.

(……………………………………………)

Employee Registration No:

LIST OF TABLES

Table 1. Plant products; description of primary samples and

minimum number of laboratory samples

No Commodity

Classification

Commodity

Sample

Primary

Sample

Collected

Minimum

Number of

Laboratory

Samples

64

1 Fresh fruits and

vegetables

Fresh products of

small size

Units are commonly

less than 25 g

Berries

Peas

The entire

unit or

pack, or

units

collected

by sampling

equipment

1 kg

Fresh products of

medium size

Units are commonly

25 – 250 g

Apples

Oranges

Entire unit 1 kg (at

least 10

units)

Fresh products of

large size

Units are commonly

more than 250 g

Cabbage

Cucumber

Entire unit 2 kg (at

least 5

units)

2 Grains Soybean 1 kg

Paddy 1 kg

Wheat 1 kg

Peanuts 0.5 kg

Note:

For grain product, by using the equipment as specified in SNI

(Figure 1), around 100 gr is taken from each sack.

65

Table 2. Number of samples to be collected (SNI on Solid

Sampling)

Number of samples per lot

Sack/container

Number of samples collected

Sack/container

Up to 10 All samples

11 – 25 5

26 – 50 7

51 – 100 10

> 100 A quadrate of total samples

Note: If number of samples per lot is up to 5 sacks/container,

all of them shall be taken, if number of samples is 6 – 25, 5

samples shall be taken.

Table 3. Number of small packages to be collected from the

existing number

Number of small packages Number of small packages for

samples

10,000 200

20,000 250

40,000 300

60,000 350

>100,000 400

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Note: If number of small packages is between the numbers

specified in the Table, total samples taken shall be in

accordance with the aforementioned number.

Table 4. Number of small packages collected for each cardboard

box

Number of small packages in

cardboard box

Maximum number of small

packages taken from each

cardboard box

>24 15

12 – 24 10

<12 All small packages in the box

Number of cradboard boxes opened are determined by X/Y formula.

X is number from Table 3

Y is from Table 4.

Table 5. SAMPLING PLAN 1 (Inspection Level I, AQL=6.5)

a. Net weight equal to or less than 1 kg (2.2 LB)

Number of Lot (N) Number of Samples (n)

4,800 or less 6

4,801 – ,000 13

24,001 – 48,000 21

48,001 – 84,000 29

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84,001 – 144,000 48

144,001 – 240,000 84

More than 240,000 126

b. Net weight more than 1 KG (2.2 LB) but not more than 4.5 kg

(10 LB)

Number of Lot (N) Number of Samples (n)

2,400 or less 6

2,401 – 15,000 13

15,001 – 24,000 21

24,001 – 84,000 29

84,001 – 144,000 48

144,001 – 240,000 84

More than 240,000 126

Table 6. Random Table

In the separate file

ATTACHMENT V. OF REGULATION OF MINISTER OF AGRICULTURE

NO: 88/Permentan/PP.340/12/2011

DATED: December 14, 2011

LABORATORY TEST FOR PSAT SAFETY

In the separate file

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ATTACHMENT VI OF REGULATION OF MINISTER OF AGRICULTURE

NO: 88/Permentan/PP.340/12/2011

DATED: December 14, 2011

FOOD SAFETY SURVEILLANCE PROCEDURE ON IMPORT OF FRESH FOOD OF

PLANT ORIGIN AT PORT OF ENTRY

I. SCOPE OF SURVEILLANCE COVERS PLANNING, IMPLEMENTATION, AND

REPORTING OF SURVEILLANCE RESULT

A. PSAT safety surveillance shall be performed on import of

PSAT from recognized country or production site or country who

has an equivalence agreement. Surveillance is to identity

content of chemical contaminants (pesticide residue,

mycotoxin, and/or heavy metal) in PSAT.

B. Surveillance shall be performed by Agricultural Quarantine

UPT.

II.SURVEILLANCE PLANNING, IMPLEMENTATION, AND REPORTING

A. Surveillance Planning

1. To implement surveillance, Agricultural Quarantine UPT

shall propose surveillance plan to Agricultural

Quarantine Agency.

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2. Surveillance plan proposal shall be arranged based on

considerations of, amongst others:

a. PSAT type;

b. Country of origin or production site;

c. PSAT producer/exporter in country of origin;

d. Period of time of PSAT import; and

e. Frequency of PSAT import.

3. Consideration of surveillance plan shall use availability

of data and information on PSAT import of the previous

period of time.

4. The surveillance plan proposal, as referred to in point

1, shall at least stipulate:

a. Sampling time pattern;

b. Performer;

c. PSAT type, country of origin, and production site

which becomes target of surveillance; and

d. Cost.

5. Surveillance plan proposal shall be submitted by

Agricultural Quarantine UPT to Agricultural Quarantine

Agency to get approval.

6. Agricultural Quarantine Agency jointly with Agricultural

Quarantine UPT shall discuss surveillance plan proposal

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to determine surveillance plan of each Agricultural

Quarantine UPT.

7. Surveillance Plan shall be at least 3 times in a year or

recognition period or equivalence agreement and shall be

stipulated by the end of January each year or the

beginning of application of recognition of a country or

production site or equivalence agreement of a country.

B. Implementation of Surveillance

1. Surveillance stages consist of sampling, shipment of PSAT

samples to test laboratory, and PSAT safety test at test

laboratory.

2. Sampling shall be performed at any time and shall be

determined by Agricultural Quarantine UPT.

3. Sampling shall be performed by Sampling Officer during

PSAT identity inspection.

4. In case that sampling could not be performed by Sampling

Officer, sampling could be performed by Plant Quarantine

Officer who has attended PSAT sampling training.

5. Procedure of sampling and sample shipment shall be

stipulated by Head of Agricultural Quarantine Agency.

6. PSAT safety test shall be performed by an accredited or

appointed test laboratory.

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7. Result of PSAT safety test is final and confirmation test

may not be performed.

8. Test result showing contaminant level exceeding the

maximum limit of contaminant required shall be followed

with rejection of the entire unit of PSAT consignment and

submission of notification of non-compliance (NNC) to

PSAT Competent Authority of country of origin.

9. Concerning PSAT which contains contaminant exceeding the

maximum limit stipulated by a country in the preliminary

surveillance, surveillance shall be performed

consecutively on the following shipment.

C. Surveillance Reporting

1. Agricultural Quarantine UPT shall report surveillance

result to Agricultural Quarantine Agency.

2. Reporting shall be done every time after completion of

performance of surveillance.

3. Report on surveillance result, as referred to in point 1,

shall incorporate information concerning, amongst others:

a. surveillance performer;

b. time of implementation of surveillance;

c. test laboratory;

d. country of origin or production site of PSAT;

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e. PSAT producer/exporter in country of origin;

f. PSAT type;

g. test result on chemical contaminants (pesticide

residue, mycotoxin, and/or heavy metal); and hazardous

chemical substances;

h. Summary of surveillance result.

D. Evaluation

1. Report shall be evaluated by Agricultural Quarantine

Agency to determine compliance of the country or

production site in fulfillment of PSAT safety

requirement.

2. Evaluation shall be performed on all reports submitted by

Agricultural Quarantine UPT.

3. Compliance is shown by the country’s or production site’s

fulfillment of PSAT safety requirement in the form of

content of chemical contaminants (pesticide residue,

mycotoxin, and/or heavy metal) not exceeding the maximum

limit stipulated and not containing hazardous chemical

substances.

4. Result of evaluation can be used as reference in

implementation of PSAT safety surveillance of the

following year and shall become reference concerning

level of PSAT safety.

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E. Freezing

1. In case that the PSAT from the same country or production

site, within recognition period, 3 (three) times of non-

compliances are identified in the form of content of

chemical contaminants (pesticide residue, mycotoxin,

and/or heavy metal) exceeding the maximum limit and/or

containing hazardous chemical substances, freezing shall

be performed.

2. Three times of non-compliance is the accumulation of

result of surveillance performed by Agricultural

Quarantine UPT.

3. Non-compliance of surveillance result on PSAT type

originating from one unit of consignment shall not be

accumulated.

4. Application of freezing shall be done on PSAT of a

country or production site of PSAT.

F. Test Laboratory

To be appointed as a test laboratory, a laboratory shall

meet requirements, amongst others:

a. having the ability to perform test on chemical

contaminants (pesticide residue, mycotoxin, and/or heavy

metal);

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b. having the equipment and material to perform test in

accordance with standard methods;

c. having sufficient number of competent analysts;

d. at least not being in the process of accreditation; and

e. being able to perform test within the test period in

accordance with requirement of Agricultural Quarantine

Agency.

2. Appointment of test laboratory will be revoked if the test

laboratory is proven to violate integrity and/or

professionalism.

MINISTER OF AGRICULTURE

sgd

SUSWONO

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