GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 28/2004

ON
SECURITY, QUALITY AND NUTRITION OF FOOD

BY GRACE OF GOD THE ALMIGHTY,
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that safe, good-quality and nutrient food plays a very important role in the growth, care and enhancement of public health as well as intelligence;
• b. that the public needs to be protected from food potential to affect and/or endanger the health;
• c. that based on the above mentioned matters and in order to implement the provisions in Law No. 7/1996 on Food, it is deemed necessary to stipulate a Government Regulation on Security Quality and nutrition of Food;

In view of:

• 1. Article 5 paragraph (2) of the Constitution of 1945 as already amended by the Fourth Amendment to the Constitution of 1945;
• 2. Law No. 6/1967 on animal husbandry and veterinary basic-principles (Statute Book of 1976 No. 10, Supplement to Statute Book No. 3102);
• 3. Law No. 4/1984 on contagious disease epidemic (Statute Book of 1984 No. 20, Supplement to Statute Book No. 3273);
• 4. Law No. 5/1984 on industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
• 5. Law No. 9/1985 on fishery (Statute Book of 1985 No. 46, Suppiement to Statute Book No. 3299);
• 6. Law No. 12/1999 on crop cultivation system (Statute Book of 1992 No. 46, Supplement to Statute Book No. 3478);
• 7. Law No. 16/1992 on fish, animal and plant quarantine (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482);
• 8. Law No. 23/1992 on health (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495);
• 9. Law No. 7/1994 on ratification of the agreement establishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3495);
• 10. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
• 11. Law No. 7/1996 on food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656);
• 12. Law No. 12/1997 on nuclear energy (Statute Book of 1997 No. 23, Supplement to Statute Book No. 3676);
• 13. Law No. 8/1999 on consumer protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
• 14. Law No. 22/1999 on regional administration (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
• 15. Government Regulation No. 22/1983 on veterinary health (Statute Book of 1983 No. 28, Supplement to Statute Book No. 3253);
• 16. Government Regulation No. 17/1986 on the authority to regulate, foster and develop industry (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330);
• 17. Government Regulation No. 69/1999 on food label and advertisement (Statute Book of 1999 No. 131, Supplement to Statute Book No. 3867);
• 18. Government Regulation No. 25/2000 on the authority of the government and the authority of provinces as autonomous regions (Statute Book of 2000 No. 54, Supplement to Statute Book No. 3952);
• 19. Government Regulation No. 102/2000 on Indonesian National Standardization (Statute Book of 1999 No. 199, Supplement to Statute Book No. 4020);

DECIDES:

To stipulate :

THE GOVERNMENT REGULATION ON SECURITY, QUALITY AND NUTRITION OF FOOD

CHAPTER I
GENERAL PROVISION

Article 1

Referred to in this regulation as:

• 1. Food shall be everything originating in biological resources and water whether processed or not, designed as food or beverage for human consumption, including food additive, food raw material and other materials used in the preparation, processing and/or production of food or beverage.
• 2. Fresh food shall be food not yet processed, which can be consumed directly and/or can become raw materials of food processing.
• 3. Food shall be food or beverage resulting from a process by certain means or methods with or without additives.
• 4. Certain Processed Food shall be processed food for consumption of certain groups in a bid to maintenance and enhance the quality of health of the said groups.
• 5. Food System shall be everything related to regulation, fostering and/or supervision over activities or processes of food production and distribution until the food is ready for consuming by human.
• 6. Fast Food shall be food and/or beverage already processed and ready for presenting directly in business places or outside business place on the basis of order.
• 7. Security of Food shall be a condition and effort needed for preventing food from the possible biological, chemical contaminants and other materials potential to harm, affect and endanger human health.
• 8. Requirements for Security of Food shall be standards and other provisions, which must be fulfilled to prevent food from possible danger because of biological, chemical contaminants and other materials potential to harm, affect and endanger human health.
• 9. Food Sanitization shall be efforts to prevent decaying and patogen micro-organisms from growing and reproducing in food, beverage, equipment and building, which can affect the food and endanger human.
• 10. Sanitary Requirements shall be sanitary and medical requirements, which must be fulfilled as an effort to kill or prevent micro organism from living and reduce other micro organism so that the produced and consumed food does not endanger human health and live.
• 11. Food Production shall be an activity or process producing, preparing, processing, preserving, packing, re-packing and/or changing the shape of food.
• 12. Food Distribution shall be every activity or a series of activities in the framework of the distribution of food to the public for trading or not.
• 13. Food Trade shall be every activity or a series of activities in the framework of the selling and/or buying of food, including bids for selling food and other activities related to the handover of food by means of earning compensation.
• 14. Food Storage shall be a process, method and/or activity to store food in both production and distribution facilities.
• 15. Food Transport shall be every activity or a series of activities in the framework of transferring food from a place to another place by whatever transport mean or facility in the framework of the production distribution and/or trade of food.
• 16. Food Home Industry shall be a food company having business place in domicile with manual and semi-automatic food processing equipment.
• 17. Food Additive shall be a material supplemented to food for influencing the characteristic or shape of the food.
• 18. Genetically Engineered Food Products shall be food produced or using raw materials, food additives and/or other materials resulting from a genetically engineering process.
• 19. Food Irradiation shall be a food radiation method by using radioactive or accelerator to prevent food from decaying and damaging as well as free food from patogen micro-organism.
• 20. Food Package shall be a material used for accommodating and/or wrapping food whether or not contact directly to the food.
• 21. Food Quality shall be a value stipulated on the basis of criteria for security of food, nutrition content and trading standards of foodstuff, food and beverage.
• 22. Standards shall be standardized technical specifications or requirements, including procedures and methods formulated on the basis of consensus of all parties concerned by observing requirements for safety, security, health, environment, scientific and technological developments as well as current and future development experience to obtain the maximal benefit.
• 23. Food Nutrition shall be a substance or compound contained in food, which consists of carbohydrate, protein, fat, vitamin and mineral as well as their derivatives beneficial to the growth and health of human.
• 24. Food Quality Certification shall be a series of activities of the issuance of certificate to food already fulfilling the stipulated requirements.
• 25. Food Quality Certificate shall be a written guarantee issued by accredited certification institutions/laboratories, which certifies that the food has met certain requirements in the quality standards of the said food.
• 26. Everybody shall be individual or business entity, in the form of statutory body or not.
• 27 Agency shall be the agency in charge of food and drug supervision.

CHAPTER II
SECURITY OF FOOD

Part One
Sanitation

Article 2

(1) Everybody in responsible in the execution of activities in the food chains, covering the processes of production, storage, transport and distribution of food shall meet sanitary requirements in accordance with the provisions of the legislation in force.

(2) The minister in charge of health affairs shall further stipulate sanitary requirements as meant in paragraph (1), covering among others:

• a. facilities and/or infrastructures;
• b. implementation of activities; and
• c. individual.

Article 3

The fulfillment of the sanitary requirements in all activities of food chains shal be realized by means of applying guidelines on proper methods, covering:

• a. Proper Method of Cultivation;
• b. Proper Method of Fresh-Food Production;
• c. Proper Method of Processed-Food Production;
• d. Proper Method of Food Distribution;
• e. Proper Method of Food Retail; and
• f. Proper Method of Fast Food Production.

Article 4

(1) Guidelines on the Proper Cultivation Method as meant in Article 3 letter a shall be a cultivation method paying attention to food security aspects by means of, among others:

• a. preventing the use of land plot wherein the environment has potential to threaten the security of food;
• b. controlling biological contaminants, pest and animal disease and plants threatening the security of food; and
• c. minimizing chemical residues contained in foodstuff as a result of the use of fertilizer, pesticides and disease, growth enhancing materials and inappropriate animal medicines.

(2) Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper cultivation method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority.

Article 5

(1) Guidelines on the Proper Fresh-Food Production Method as meant in Article 3 letter b shall be a handling method observing food security aspects by means of, among others:

• a. preventing fresh food from getting contaminated by biological, chemical contaminants and other materials harming, affecting and endangering the health from air, land, water, feed, fertilizer, pesticides, animal medicines or other materials used in the production of the fresh food; or
• b. controlling the health of animals and plants thus not threatening security of food or not influencing fresh food negatively.

(2) Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper fresh-food production method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority.

Article 6

(1) Guidelines on the Proper Processed-Food Production Method as meant in Article 3 letter c shall be a production method paying attention to food security aspects by means of, among others:

• a. preventing the processed food from getting contaminated by biological, chemical contaminants and other materials potential to harm, affect and endanger the health;
• b. killing or preventing patogen micro organism from living as well as reducing the quantity of other micro organisms; and
• c. controlling the processes, among others, selection of raw materials, the use of food additives, processing, packaging, storage or transport.

(2) Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper processed-food production method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority.

(3) The Guidelines on the Proper Processed-Food Production Method as contemplated in paragraph (1) for certain processed foods shall be determined by the Head of Agency

Article 7

(1) Guidelines on the Proper Food Distribution Method as meant in Article 3 letter d shall be a distribution method paying attention to food security aspects by means of, among others:

• a. adopting a food loading and unloading method not damaging the food;
• b. controlling food environmental, distributing and storing conditions especially for those related to temperature, humidity and air temperature; and
• c. controlling the recording system ensuring the distributed food to be traced back.

(2) Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper food distribution method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority.

Article 8

(1) Guidelines on the Proper Food Retail Method as meant in Article 3 letter e shall be a retail method paying attention to food security aspects by means of, among others:

• a. regulating the way of placement of food in outlet or storage shelf thus not causing cross-contamination;
• b. controlling the incoming stock and sale;
• c. regulating the rotation of food stocks in accordance with the expiration period; and
• d. controlling the environmental conditions of food storage, especially for those related to temperature, humidity.

(2) Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper food retail method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority.

Article 9

(1) Guidelines on the Proper Fast-Food Production Method as meant in Article 3 letter f shall be a production method paying attention to food security aspects by means of, among others:

• a. preventing the fast food from getting contaminated by biological, chemical contaminants and other materials potential to harm, affect and endanger the health;
• b. killing or preventing patogen micro organism from living as well as reducing the quantity of other micro organisms; and
• c. controlling the processes, among others, selection of raw materials, the use of food additives, processing, packaging, storage or transport.

(2) Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper fast food production method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority.

Article 10

Ministers in charge of agricultural, fishery, forestry, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority can stipulate the guidelines on the proper methods as mentioned in Article 3 to be applied compulsorily.

Part Two
Food Additive

Article 11

(1) Everybody producing food for the purpose of distribution shall be prohibited from using whatever material as food additive declared forbidden.

(2) The Head of the Agency shall stipulate the forbidden material as meant in paragraph (1).

Article 12

(1) Everybody producing food by using food additive for the purpose of distribution shall use the permitted food additives.

(2) The Head of the Agency shall stipulate names and categories of the permitted food additives, goals of the use and maximal limit of their contents by kinds of the food as meant in paragraph (1).

Article 13

(1) Materials to be used as food additives but having impact on human health not yet ascertained shall have their security examined first and can be used in production activities or processes of food for the purpose of distribution after securing approval from the Head of the Agency.

(2) The Head of the Agency shall stipulate requirements and procedures for obtaining the approval as meant in paragraph (1).

Part Three
Genetically Engineered Food Product

Article 14

(1) Everybody producing food or using raw materials, food additives and/or other auxiliary materials in the production activities or processes of food resulting from genetic engineering shall examine first security of the food before the distribution.

(2) The examination of security of the genetically engineered food as meant in paragraph (1) shall include:

• a. genetic information, among others, general description of genetically engineered food products and description of parent as well as the use of them as food;
• b. description of donor organism;
• c. description of genetic modification; and
• d. food security information, among others, substantial conformance, change in nutrition value, allergy and toxicity.

(3) A commission for security of genetically engineered food products shall examine security of the genetically engineered food products as meant in paragraph (1).

(4) The commission for security of genetically engineered food products shall stipulate requirements and procedures for examination of security of the genetically engineered food products as meant in paragraph (3).

(5) The Head of the Agency shall stipulate raw materials, food additives and/or other auxiliary materials resulting from genetic engineering, which are declared safe as food by observing recommendation from the commission for security of genetically engineered food products.

Part Four
Food Irradiation

Article 15

(1) Irradiation facilities used in production activities or processes of food for the purpose of distribution shall secure license to use nuclear energy and be registered to the head of the agency in charge of nuclear energy supervisory affairs.

(2) Every kind of food produced by using irradiation technique and/or method for the purpose of irradiation shall meet the requirements on irradiated food stipulated by the Head of the Agency.

Part Five
Food Package

Article 16

(1) Everybody producing food for the purpose of distribution shall be prohibited from using whatever material declared forbidden and/or potential to release contamination affecting or endangering human health as package of food.

(2) The Head of the Agency shall stipulate the forbidden materials as meant in paragraph (1).

Article 17

(1) Everybody producing food for the purpose of distribution shall use the permitted package materials.

(2) The Head of the Agency shall stipulate the permitted materials as meant in paragraph (1).

Article 18

(1) Materials other than those mentioned in Article 16 paragraph (2) and Article 17 paragraph (2) only can be used as food package materials after their security is examined and secures approval from the Head of the Agency.

(2) The Head of the Agency shall stipulate requirements and procedures for securing the approval as meant in paragraph (1).

Article 19

(1) Everybody producing food the purpose of distribution shall pack food properly to avoid food from contamination.

(2) The Head of the Agency shall stipulate the proper packaging method as meant in paragraph (1).

Article 20

(1) Everybody shall be prohibited from opening the final package of food for re-packing and trading.

(2) The provision as meant in paragraph (1) shall not apply to food procured in a large quantity and commonly re-packed in a small quantity for trading further.

(3) Everybody re-packing the food as meant in paragraph (1) shall pack food properly to avoid food from contamination.

Part Six
Food Quality Guarantee and Laboratory Analysis

Article 21

(1) Everybody producing food for trading shall be responsible for applying a quality guarantee system in accordance with kinds of the produced food.

(2) Ministers in charge of agricultural, fishery, forestry, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall be authorized to require the application of other standards and requirements related to the quality guarantee system as meant in paragraph (1).

(3) The other standards or requirements as meant in paragraph (1) can be stipulated in phases by observing the readiness and need of the food system.

(4) In stipulating the other standards and requirements as meant in paragraph (3), Ministers in charge of agricultural, fishery, forestry, industry health affairs or the Head of the Agency shall pay attention to WTOTBT/SPS agreements or agreements already ratified by the government.

Article 22

(1) Ministers in charge of agricultural, fishery, forestry, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall be authorized to stipulate kinds of fresh food, which must be analyzed laboratorily before the distribution.

(2) The Head of the Agency shall stipulate kinds of processed food, which must be analyzed laboratorily before the distribution.

(3) The laboratory analysis as meant in paragraph (2) shall be done in government laboratories or other laboratories already accredited by the National Accreditation Committee or other accreditation institutions already recognized by the National Accreditation Committee.

(4) The laboratory requirements as meant in paragraphs (1) and (2) shall be stipulated and applied in phases by observing the readiness and need of the food system.

Part Seven
Contaminated Food

Article 23

Everybody shall be prohibited from distributing:

• a. food containing poisonous, dangerous materials and potential to harm or endanger human health or live;
• b. food containing contaminant exceeding the stipulated tolerable limit;
• c. food containing materials, which may not be used in production activities or processes of food;
• d. food containing dirty, decaying, odor, analyzed materials or materials containing unhealthy vegetables or animals or originating from dead animals thus making the food unfit for human consumption; or
• e. expired food.

Article 24

(1) Ministers in charge of agricultural, fishery affairs or the Head of the Agency shall:

• a. stipulate materials banned from getting used in production activities or processes of food;
• b. stipulate the tolerable limit of contaminants;
• c. regulate and/or stipulate requirements for using ways, methods and/or certain materials in the production, processing, storage, transport and/or distribution of food potential to have harmful risk and/ or endanger human health;
• d. stipulate materials banned from getting used in the production, processing equipment, preparation, marketing and/or presenting of foods.

(2) In the case of fresh food, the Minister in charge of agricultural or fishery affairs shall stipulate the provision as meant in paragraph (1).

(3) In the case of processed food, the Head of the Agency shall stipulate the provision as meant in paragraph (1).

Article 25

(1) Everybody ascertaining someone having poisoned because of contaminated food shall report the case to the nearest medical service unit.

(2) The medical service unit as meant in paragraph (1) shall promptly take action of aid against the victim.

(3) If according to the medical service unit as meant in paragraph (2), there is an indication of Extraordinary Condition (KLB) of food toxicity, the medical service unit shall promptly take samples of food allegedly causing the toxicity and give report to regental/municipal service in charge of health affairs and the Agency.

(4) Based on result of the report as meant in paragraph (3), the Agency shall examine/investigate and apply laboratory test to the samples of food for determining the cause of food toxicity.

(5) The regental/municipal service in charge of health affairs receiving the report as meant in paragraph (3) shall study the report and stipulate the food toxicity case as KLB of food toxicity.

(6) The regental/municipal service as meant in paragraph (5) shall examine and overcome KLB of food toxicity as well as report it to the provincial service in charge of health affairs.

Article 26

(1) If KLB of food toxicity occurs in inter-regental/municipal territory or there is request from regental/municipal governments, the provincial government shall examine and overcome the said KLB.

(2) If KLB of food toxicity occurs in inter-provincial territory or there is request from provincial governments, the central government shall examine and overcome the said KLB.

Article 27

If results of investigation show that KLB is allegedly arising from crime, civil servant investigators and/ or other investigators shall promptly investigate on the basis of the legislation in force.

Article 28

(1) The Minister in charge of health affairs shall stipulate further provisions on the provision of aid for victims, the taking of specimen samples and test specimens as well as the reporting of KLB of food toxicity.

(2) The Head of the Agency shall stipulate procedures for taking samples of food, laboratory analysis and reporting of toxicity causes.

CHAPTER III
FOOD QUALITY AND NUTRITION

Part One
Food Quality

Article 29

The Head of the agency in charge of national standardization shall stipulate the quality of food stipulated as the Indonesian National Standard in accordance with the legislation in force.

Article 30

(1) The Indonesian National Standard as meant in Article 29 can be enforced compulsorily by observing public safety, security, health or environmental conservation and/or economic considerations must meet certain quality standards.

(2) Ministers in charge of agricultural, fishery, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall enforce compulsorily the Indonesian National Standards as meant in paragraph (1) in coordination with the Head of the agency in charge of national standardization affairs.

(3) Matters related to the application and evaluation of conformance to the compulsorily enforced National Indonesian Standards as meant in paragraph (2) shall be executed in accordance with the provisions of the law in force.

(4) Everybody producing or distributing food of the kinds as meant in paragraph (1) shall meet the Indonesian National Standards in accordance with the legislation in force.

Article 31

Ministers in charge of agricultural, fishery, forestry affairs or the Head of the Agency in accordance with their respective tasks and scope of authority can stipulate provisions on food quality outside the Indonesian National Standards as meant in Article 29 for food having high risk of security.

Part Two
Food Quality Certification

Article 32

(1) Certification and labeling certifying the conformance of food to the Indonesian National Standards as meant in Article 29 shall be done in accordance with the provisions of the law in force.

(2) Ministers in charge of agricultural, fishery, affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall stipulate requirements and procedures for certification of the quality of food having high risk of security as meant in Article 31.

(3) The certification as meant in paragraph (1) of the compulsorily enforced Indonesian National Standards or requirements for the quality provisions as meant in Article 31 shall constitute part of supervision over food before the distribution.

Part Three
Food Nutrition

Article 33

(1) The Minister in charge of Health Affairs shall stipulate standards of public nutrition status and monitor and evaluate the status of public nutrition.

(2) Ministers in charge of agricultural, fishery, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall take measures to ensure the sufficiency of nutrition, protect the public from malnutrition and foster the public in a bid to enhance the nutrition status.

(3) Ministers in charge of agricultural, fishery, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority in cooperation with provincial governments, regental/municipal governments and the public shall take efforts to overcome disturbance of public nutrition not suitable to the standards of public nutrition status as meant in paragraph (1).

Article 34

The Minister in charge of health affairs shall stipulate food sufficiency rate evaluated periodically.

Article 35

(1) In the case of public malnutrition and/or decrease in public nutrition status occurring, efforts to improve nutrition shall be taken through enrichment and/or fortification of nutrition of certain distributed food.

(2) The Minister in charge of health affairs shall stipulate kinds and quantity of nutrient substances to be supplemented as well as kinds of food whose nutrition value can be enhanced through enrichment and/or fortification,

(3) The Minister in charge of industrial affairs shall stipulate the kinds of food, which must be enriched and/ or fortified as meant in paragraph (2) and procedures for enrichment and/or fortification of nutrition of the certain food as meant in paragraph (1).

(4) Everybody producing food, which must be enriched and/or fortified for the purpose of distribution shall meet the provisions and procedures for enrichment and/or fortification of nutrition as meant in paragraph (3).

(5) The food as meant in paragraph (4) shall secure letter of approval of registration from the Head of the Agency.

CHAPTER IV
IMPORT AND EXPORT OF FOOD INTO AND FROM THE INDONESIAN TERRITORY

Part One
Import of Food Into the Indonesian Territory

Article 36

Every kind of food imported into the Indonesian Territory for the purpose of distribution shall meet the provisions of laws in force on security, quality and nutrition of food and provisions of other legislation in force.

Article 37

(1) In the case of fresh food being imported into the Indonesian territory for the purpose of distribution, ministers in charge of agricultural or fishery affairs in accordance with their respective tasks and scopes of authority can stipulate requirements that:

• a. the security, quality and/or nutrition of the food have been analyzed, examined and/or declared successful by authorities in countries of origin;
• b. the food has met the provisions as meant in Article 21;
• c. the food is accompanied by documents of results of the analysis and/or examination as meant in letter a; and
• d. the security, quality and/or nutrition of the food are analyzed and/or examined first in Indonesia before the distribution.

(2) In the case of processed food being imported into the Indonesian territory for the purpose of distribution, the Head of the Agency can stipulate requirements that:

• a. the security, quality and/or nutrition of the food have been analyzed, examined and/or declared successful by authorities in countries of origin;
• b. the food has met the provisions as meant in Article 21;
• c. the food is accompanied by documents of results of the analysis and/or examination as meant in letter a; and
• d. the security, quality and/or nutrition of the food are analyzed and/or examined first in Indonesia before the distribution.

(3) In stipulating the requirements as meant in paragraphs (1) and (2), the Ministers or Head of the Agency shall pay attention to WTO TBT/SPS agreements or other agreements already ratified by the government.

Article 38

(1) In the case of food imported into the Indonesian Territory being subjected to the prior analysis and/or examination as meant in Article 37 paragraph (1) letter a, the food only can be released from customs area after securing approval of the import of food issued by ministers in charge of agricultural or fishery affairs in accordance with their respective tasks and scopes of authority.

(2) In the case of food imported into the Indonesian Territory being subjected to the prior analysis and/or examination as meant in Article 37 paragraph (1) letter b, the food only can be released from customs area after securing approval of the import of food issued by the Head of the Agency.

Article 39

Everybody importing food into the Indonesian territory for the purpose of distribution shall be responsible for security, quality and nutrition of food.

Article 40

Ministers in charge of agricultural, fishery, trade affairs or the Head of the Agency in accordance with their respective tasks and scopes of authority shall stipulate further provisions on the import of food into the Indonesian territory for the purpose of distribution.

Part Two
Export of Food from the Indonesian Territory

Article 41

(1) Every kind of food exported from the Indonesian territory shall meet the food security requirements.

(2) Ministers in charge of agricultural, fishery affairs or the Head of the Agency in accordance with their respective tasks and scopes of authority can stipulate requirements so that the security, quality and/or nutrition of the food exported from the Indonesian territory for the purpose of distribution must be analyzed and/or examined first.

(3) Everybody exporting food from the Indonesian territory shall be responsible for security, quality and nutrition of food.

(4) Ministers in charge of agricultural, fishery, trade affairs or the Head of the Agency shall coordinate the head of the agency in charge of national standardization affairs accordance with their respective tasks and scopes of authority to take efforts to obtain mutual recognition in the evaluation of conformance in fulfilling the requirements of destination countries.

CHAPTER V
SUPERVISION AND FOSTERING

Part One
Supervision

Article 42

(1) In the framework of supervision over security, quality and nutrition of food, every kind of processed food produced in the country or imported into the Indonesian territory for trading in retail package shall secure letter of approval of registration before the distribution.

(2) The Head of the Agency shall stipulate the processed food required for securing the letter of approval of registration as meant in paragraph (1).

(3) The Head of the Agency shall issue the letter of approval of registration as meant in paragraph (1) on the basis of results of evaluation of security, quality and nutrition of food.

(4) The Head of the Agency shall evaluate the security, quality and nutrition of food as meant in paragraph (3) in accordance with criteria and procedures.

(5) The Head of the Agency shall stipulate the criteria and procedures as meant in paragraph (1) by referring to the requirements for security, quality and nutrition of food.

(6) The Head of the Agency shall stipulate requirements and procedures for securing the letter of approval of registration as meant in paragraph (1).

Article 43

(1) Processed food produced by home industry shall be excepted from the provision as meant in Article 42 paragraph (1).

(2) The processed food as meant in paragraph (1) shall have certificate of home industry food production.

(3) Regents/mayors shall issue the certificate of home industry food production as meant in paragraph (2).

(4) The Head of the Agency shall stipulate guidelines on the issuance of the certificate of the home industry food production as meant in paragraph (1), covering, among others:

• a. kinds of food;
• b. procedures for evaluation;
• c. procedures for issuing food production certificate.

Article 44

The processed food exempted from the obligation to have the registration approval as meant in Article 42 or the home industry food production as meant in Article 43 shall be the processed food:

• a. having a storage period of less than 7 (seven) days at the room temperature; and/or
• b. imported into the Indonesian territory in a small quantity for the purpose of:
• 1. application for approval of registration;
• 2. research; or
• 3. direct-consumption.

Article 45

(1) The Agency shall be authorized to supervise security, quality and nutrition of the distributed food.

(2) In executing the supervisory function as meant in paragraph (1), the Agency shall be authorized to:

• a. take samples of the distributed food; and/or
• b. analyze samples of the food as meant in paragraph (2) point a.

(3) Results of the analysis as meant in paragraph (2) point b:

• a. in the case of fresh food, shall be conveyed to and followed up by the institutions in charge of agricultural, fishery or forestry affairs in accordance with their respective tasks and scopes of authority;
• b. in the case of processed food, shall be conveyed to and followed up by the institutions in charge of fishery, industrial affairs or the Agency in accordance with their respective tasks and scopes of authority;
• c. in the case of certain processed food, shall be followed up by the agency;
• d. in the case of processed food resulting from food home industry and fast food, shall be conveyed to and followed up by regental/municipal governments.

Article 46

(1) Governor or Regent/Mayor is authorized to conduct examination in the event of any alleged violation of law in the field of fresh foods.

(2) The Head of Agency is authorized to conduct examination in the event of any alleged violation of law in the field of processed foods.

(3) Regent/Mayor is authorized to conduct examination in the event of any alleged violation of law in the field of fast foods and processed food produced by home industries.

(4) In conduction the examination as contemplated in paragraphs (1), (2), and (3) above, the Governor, Regent/Mayor or the Head of Agency is authorized to :

• a. enter into any places allegedly used in activity or process of production, storage, transportation, and trade of foods in order to examine, investigate, and sample the foods and anything allegedly used in process of production, storage, transportation, and/pr trade of foods;
• b. stop, examine, and prevent any transportation facilities that are allegedly used in transporting foods and to take and examine its samples;
• c. to open and investigate any food packing;
• d. to examine any books, documents, or other records that alleged;y contain information on activities of production, storage, transportation, and/pr trade of foods, including to copy and quote such information; and/or
• e. to instruct to show business license and/or other similar documents.

(5) In order to implement the examination as contemplated in paragraphs (1), (2) and (3) above, the Governors, Regent/Mayor or the Head of Agency in accordance with their respective scope of duty appoints officers to conduct examination.

(6) The officer appointed to conduct examination as contemplated in paragraph (5), is equipped with instruction letter.

Article 47

(1) In the case of violation being found on the basis of the results of the analysis as meant in Article 45 paragraph (3) and/or results of the examination as meant in Article 46, governors, regents/mayor or the Head of the Agency shall be authorized to take administrative actions.

(2) The administrative actions as meant in paragraph (1) shall include:

• a. written warning;
• b. prohibition on distribution for a specified period and/or order to take off rood;
• c. destruction of food, if the food is proven dangerous to human health and live;
• d. suspension of production;
• e. imposition of a fine of Rp 50,000,000.00 (fifty million rupiahs) at the maximum; and/or
• f. revocation of production license, business license, registration approval and certificate of home industry food production.

(3) The imposition of the administrative actions as meant in paragraph (2) shall realized on the basis of risks arising from the committed violation.

(4) Officials issuing the said production license, business license, registration approval and certificate of home industry food production shall take the administration actions in accordance with their respective tasks and scopes of authority.

Article 48

(1) The withdrawal and/or destruction of food as meant in Article 47 shall be executed by everybody producing or importing the food into the Indonesian territory and in accordance with guidelines on the withdrawal and destruction of food.

(2) Every party involved in the distribution of food shall help implement the withdrawal and/or destruction of the food as meant in paragraph (1).

(3) In the case of fresh food, the withdrawal and/or destruction of the food as meant in paragraph (1) shall be done on the basis of order of governors, regents/ mayors in accordance with their respective tasks and scopes of authority.

(4) In the case of processed food, the withdrawal and/or destruction of the food as meant in paragraph (1) shall be done on the basis of order of the Head of the Agency.

(5) The Head of the Agency shall stipulate the guidelines on the withdrawal and/or destruction of the food as meant in paragraph (1).

Article 49

If indication of crime is found on the basis of results of the examination as meant in Article 46, investigators shall promptly investigate on the basis of the legislation in force.

Article 50

The Agency can announce publicly results of analysis and/or examination of food products through mass media.

Part Two
Fostering

Article 51

(1) Ministers in charge of agricultural, fishery or forestry affairs in accordance with their respective tasks and scopes of authority shall foster fresh-food producers.

(2) Ministers in charge of industrial, agricultural and fishery affairs in accordance with their respective tasks and scopes of authority shall foster processed-food producers.

(3) The Head of the Agency shall foster certain processed food.

(4) Regents/mayors shall foster fast-food producers and food home industries.

(5) The Head of the Agency shall foster regional governments and public in the food supervision field.

CHAPTER VI
PUBLIC PARTICIPATION

Article 52

(1) In the framework of improving and enhancing security, quality and nutrition of food, the public can convey problems, inputs and/or solutions to food affairs.

(2) The problems, inputs and/or solutions as meant in paragraph (1) can be conveyed directly or indirectly to ministers in charge of agricultural, fishery, health, industrial affairs, the Head of the Agency, governors or regents/mayors in accordance with their respective tasks and scope of authority.

(3) Procedures for conveying the problems, inputs and/ or solutions as meant in paragraph (1) shall be in accordance with the provisions of the legislation in force.

CHAPTER VII
TRANSITIONAL PROVISION

Article 53

With the enforcement of this government regulation, all provisions on security, quality and nutrition of food regulated by legislation subordinate to law shall remain effective as long as they do not contravene the provisions in this government regulation.

CHAPTER VIII
CONCLUSION

Article 54

The government regulation shall come into force as from the date of promulgation.

For public cognizance, the government regulation shall be promulgated by placing it in Statute Book of the Republic of Indonesia.

Stipulated in Jakarta
On October 5, 2004

THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd
MEGAWATI SOEKARNOPUTRI

Promulgated in Jakarta
On October 5, 2004

THE STATE SECRETARY OF THE REPUBLIC OF INDONESIA
Sgd
BAMBANG KESOWO

Elucidation
on
Government Regulation No. 28/2004
concerning
Security, quality and nutrition of food