a. That food constitutes a basic human need, of which the fulfillment is a fundamental right of each Indonesian people, in the realization of quality human resources to carry out the national development;
b. That sufficient availability of safe, nutritious and quality food is a main pre-requisite, which must be met in the effort to arrange a system which provides protection for the purpose of health and to play a larger role in increasing the prosperity and welfare of the people;
c. That food as trade commodity requires the support of an honest and responsible food trading system so that food would be available which is within reach of the purchasing power of the community and to participate in the role to increase the national economic growth;
d. They in connection with the considerations in paragraphs a, b, and c, and in order to realize an effective arrangement, promotion and supervision system in the field of food, it is necessary to establish Law concerning Food;
Article 5 paragraph (1), article 20 paragraph (1), article 27 paragraph (2) and article 33 of the 1945 Constitution;
With the Approval of the
HOUSE OF PEOPLE'S REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
LAW CONCERNING FOOD
In this Law:
1. food shall be everything originating from biological sources and water, whether processed or not, which is designated as cattalos and beverages for human consumption, including food additive material, food raw material and other materials used in the process of preparation, processing and/or the making of cattalos or beverages;
2. processed foodstuff is catables or beverages, the result of a process in a certain manner or method, without food additives;
3. food system is everything which is related to the regulation, development and/or supervision on food production activities or process and food circulation until ready for human consumption;
4. food safety is the condition and efforts required to prevent food from possible biological, chemical-contamination and contamination by other objects which may disturb, harm, and endanger the human health;
5. food production is an activity or process of producing, preparing, processing, making, preserving, packing or repackaging and/or changing the form of food;
6. food transportation shall be any activity or a series of activities in the framework of transferring food from one place to another by whether way or means of transportation in the framework of the production, circulation and/or trade of food;
7. circulation of food is any activity or series of activities, in the framework of distributing / food to the community, whether to be traded or not;
8. trade of food is any activity or series of activities, in the framework of the sale and/or purchase of food including the offer to sell food, and other activities in connection with the transfer or body by obtaining a remuneration;
9. food sanitation is the efforts to prevent the possibility for the growth and propagation of purifying and pathogenic microorganism in cattalos, beverages, equipment and building capable of spoiling food and endangering humans;
10. food packing is the material, used to contain and/or pack food, whether directly touching the food a not;
11. food irradiation is the method of radiating food using a radioactive substance as well as accelerators to prevent purifying and decay and to free food from pathogenic micro organism;
12. food genetic engineering is the process involving the transfer of the genes (bearer of the characteristics) of one biological kind to another which is different or similar to derive a new kind which is able to produce a more superior food product;
13. food quality is the value determined based on the criteria of food safety, nutrition content and trade standard on foodstuffs, catables and beverages;
14. food nutrients is a substance or compound found in food consisting of carbohydrates, proteins, fats, vitamins and minerals as well as their derivatives which is useful for the growth and health of human;
15. food label is any information concerning food in the form of a picture, writing a combination of both, or another form accompanying the food, which is put in, affixed to or constituting part of the food packing;
16. food advertisement is any information or statement, concerning food in the form of a picture, a writing, or another form carried out by various methods for the marketing and/or the trade of food;
17. food security is the condition in which the fulfillment of food for the households is reflected by the availability of sufficient food both its quantity and quality, safe, evenly distributed and within reach;
18. any person is an individual or business entity, whether in the form a legal entity or not.
The food development is implemented to fulfill the basic demand of man, which provides a fair and equal benefit based on independence and not contradictory to the conviction of the community.
The objectives of the regulation, development and supervision of food are:
(1) the government shall determine the sanitation requirements in the food production activities or process, storage, transportation and/or circulation;
(2) the requirements as intended in paragraph (1) constitute the minimum requirements which must be met and are determined and applied gradually with due observance of the readiness as well as the needs of the food system.
(1) the facilities and/or infrastructure which is used directly or indirectly in the food production activities or process, storage, transportation and/or circulation must fulfill the sanitation requirements;
(2) the implementation of the food production activities or process, storage, transportation and/or circulation and the use of the means and infrastructures, as intended in paragraph (1) shall be conducted in accordance with the sanitation requirements.
Any person responsible in the executive of food production activities or process, storage, transportation and/or circulation shall:
Individual persons who are directly handling and/or are directly within the environment of the food production activities or process, storage, transportation and/or circulation must fulfill the sanitation requirements.
Any person is prohibited from performing food production activities or process, storage, transportation and circulation in a condition, which does not meet the sanitation requirements.
The provisions as intended in Article 4, Article 5, Article 6 and Article 7, shall further be regulated with a Government Regulation.
(1) any person producing food to be circulated is prohibited from using whatever materials as food additives which are declared as prohibited or exceeding the maximum threshold limit which has been determined;
(2) The government shall further determine the materials, which are prohibited, and/or which can be use as food additives in the food production activities or process, as well as the maximum threshold limit as intended in paragraph (1).
The materials which will be used as food additive but of which the impact on human health is not yet known must first be examined as regards its safety and its in the production activities or process of food which is to be circulated shall be carried out after an approval has been obtained from the Government.
The provisions of the provisions referred to in article 10, article 11, shall be regulated further with a Government Regulation.
(1) Any person who produces food or uses raw material, food additives and/or other auxiliary material in the production activity or process of food which is produced from genetic engineering, must first have the safety of the food for human health examined before being circulated.
(2) The government shall establish the requirements and the principles of research, development and the use of genetic engineering method in the food production activity or process and lays down the requirements for the testing of food which is produced from the genetic engineering process.
(1) Irradition in the food production activities and process shall be conducted based on a permit of the Government;
(2) The licensing process for the execution of the food production activities and/or process by using irradiation techniques and/or method as intended in paragraph (1), must meet he requirements on health, waste handling and overcoming of the danger of radioactive material to guarantee the food security, work safety and environmental preservation.
The provisions as intended in article 13 and article 14, shall be further determined with a Government Regulation.
(1) Any person producing food to be circulated is prohibited from using any material as food packing which is declared prohibited and/or which may release contaminants which are harmful or endangering human health.
(2) The packing of circulated food shall be carried out according to a procedure which could prevent damage and/or contamination.
(3) The government shall determine the materials which are prohibited to be used as the packing of food, and the procedures of packing certain food which will be sold.
The materials which will be used as food packing, but of which the impact on human health is not yet known, must first be examined as regards its safety, and its use for food which to be circulated shall be carried out after an approval has been obtained from the Government.
(1) Any person is prohibited from opening the final packing of food to repacked and traded.
(2) The provisions as intended in paragraph (1) does not apply to food of which the procurement is in large quantities and is customarily repacked in small quantities for further sale.
The provisions referred to in article 16, article 17 and article 18, shall be further regulated with a Government Regulation.
(1) Any person who produces food for trading must establish a quality warranty system, in line with the type of food produced.
(2) With regard to certain food sold, the Government may determine the requirements that said food be tested in the laboratory fists before circulation.
(3) The laboratory testing as intended in paragraph (2), shall be carried out in a laboratory which is appointed by and/or which has obtained an accreditation from the Government.
(4) The quality assurance system and the laboratory testing requirements as intended in paragraph (1) and paragraph (2) shall be determined and applied in stages, by paying attention to the readiness and the need of the food system.
(5) The provisions as intended in paragraph (1), paragraph (2) and paragraph (3) shall be further determined with a Government Regulation.
Any person is prohibited from circulating:
To supervise and prevent the contamination of food, the Government:
The provisions referred to in article 21 and article 22, shall be further regulated with a Government Regulation.
(1) The government shall determine the quality standard of food.
(2) With regard to certain food traded, the Government may enforce and obligate the fulfillment of the food quality standard which is determined based on the provisions as intended in paragraph (1).
(1) The government shall determine the requirements quality certification of food sald.
(2) The requirements on food quality certification as intended in paragraph (1), shall be applied in phases, based on the types of food, by observing the readiness and needs of the food system.
Any person is prohibited to trade in:
(1) The government shall determine and implement a policy in the field of nutrition for the improvement of the nutrition status of the community.
(2) To increase the nutrition content of certain processed food sold, the Government may determine special requirements concerning the food composition.
(3) In case of shortage and/or decrease in the nutrition status of the community, the Government may determine the requirements for the improvement or enrichment of the nutrition content of certain circulated food.
(4) Any person producing food as intended in paragraph (2) and (3) must fulfill the requirements on nutrition which have been determined.
(1) Any person producing certain processd food to be sold, must carry out the food processing procedure which could hamper the process of decreasing or losing the nutrition content in the food raw materials used.
(2) Certain processed food and the food processing procedure as intended in paragraph (1) will be further regulated by the Government.
The provisions as intended in article 24, article 25, article 26, article 27 and article 28, shall be further regulated with a Government Regulation.
(1) Any person producing or importing into the territory of Indonesia food which is packed for sale is obligated to place a label on, within and/or at the packing of the food.
(2) The label as intended in paragraph (1) shall at least contain information concerning:
(3) In addition to the information as intended in paragraph (2), the Government may determine other information which must or in prohibited from being mentioned on food labels.
(1) The information on the label as intended in article 30 shall be distinctly and clearly written or printed or shown so that it can easily be understood by the community.
(2) The information on the label as intended in paragraph (1) shall be written or printed in the Indonesian language, Arabic capthers and Latin letters.
(3) The use of foreign termas, other than as intended in paragraph (2), may be conducted as long as there is no equivalence, its equivalence cannot be created or it is used for the purpose of the food trade abroad.
Any person is prohibited from replacing, relabelling or exchanging the date, month and year of expiry of the food circulated.
(1) Every label and/or advertisement concerning food which is sold must mention information concerning the food correctly and not misleading.
(2) Any person is prohibited form giving information or statement concerning food which is traded through, in, and/or with a label or advertisement when the information or statement concerned is incorrect and is misleading.
(3) The government shall regulate, supervise and the measure which are needeed, in order that an advertisement concerning food which is sold does not contain information which may be misleading.
(1) Any person declaring in on a label or in an advertisement that the food sold is in accordance with the requirements of a religion or belief, shall be responsible for the correctness of the statement based on said conditions of the religion or belief.
(2) The label concerning certain processed food which is sold for babies, children below 5 years, and pregnant or nursing mothers must contain information concerning ints designation, the manner of using or other required information regarding the impact of the food on human health.
The provisions as intended in article 30, article 31, article 33 and article 34, shall be further regulated with a Government Regulation.
(1) Any food which is imported into the territory of Indonesia to be circulated must fulfill the provisions as intended in this Law and its executive regulation.
(2) Any person is prohibited from importing food into the territory of Indonesia and/or circulating them in the territory of Indonesia, food which is imported into the territory of Indonesia if said food does not fulfill the provisions as intended in this Law and in the its executive regulations.
On food which is imported into the territory of Indonesia as intended in article 36, the Government may determine the requirement that:
Any person importing food into the territory of Indonesia to be circulated shall be responsible for the safety, quality and/or nutrition of said food.
The Government may determine a requirement, that food which is exported from the territory of Indonesia to be circulated be tested and/or examined first from the point of safety, quality, label requirements and/or nutrition of the food.
The provisions as intended in article 37, article 38 and article 39, shall further be regulated with a Government Regulation.
(1) A business entity which produces processed food to be circulated and/or an individual person with in a business entity who is given the responsibility for the progress of the said business shall be responsible for the safety of the food which it produces, for the health of another person who consumes said food.
(2) Individuals whose health is disturbed or the heir / meioses of a person who passed away as a direct consequence of consuming processed food which has been circulated is entitled to file a complaint for identification against the business entity or the individual with in the business entity as intended in paragraph (1).
(3) In case it is proven, that the relative processed food which is circulated and consumed, contains material which can harm and/or endanger human health or other materials which are prohibited, then the business entity and/or individual person within the business entity as intended in paragraph (1) is obligated to indemnity all losses which have actually been caused.
(4) Besides the provisions as intended in paragraph (3) in case a business entity and/or an individual person in a business entity can prove that said matter is not caused by its/his fault or negligence, the business entity and/or individual person in a business entity is not obligated to indemnify.
(5) The amount of indemnification as intended in paragraph (3), shall be maximum RP 500.000.000,00 (five hundred million rupiahs) for any person whose health is harmed, or the death caused.
In case the domicile the party as intended in article 41 paragraph (1) is not known or the party is not domiciled in Indonesia, then the provisions of Article 41 paragraph (3), and paragraph (5) shall be applied to the person(s), who has/have circulated and/or imported the food into the territory of Indonesia.
(1) In case the loss which it has caused involves a large material loss and/or considerable victims, the government is authorized to file a claim for indemnification as intended in article 41 paragraph (2).
(2) The claim for indemnification as intended in paragraph (1), shall be filed for the interests of the person, who has suffered a loss and/or disaster.
The provisions as intended in article 42 and article 43, shall further be regulated with a Government Regulation.
(1) The government jointly with the community shall be responsible for the realization of the food resilience.
(2) In the framework of realizing the food resilience as intended in paragraph (1), the government arranges the regulation, promotion, control and supervision on the sufficient food availability, both its quantity and quality, safety, nutritious, diversified equally distributed and with in reach of the purchasing power of the community.
In the implementation of the provisions as intended in article 45, the government shall:
(1) The national food reserves as intended in article 46 paragraph a, shall consist of:
(2) The government food reserve shall be determined periodically, by taking into account the real level of demand for food of the community and the availability food of, and by anticipating the occurrence of food shortage and/or an emergency situation.
(3) In the effort to realize the national food reserve as intended in paragraph (1), the government shall:
In order to prevent and/or overcome upheavals of certain foodstuff prices, which may harm the food resilience, the Government shall take the required measures in the framework of controlling the said food prices.
(1) In Government shall carry out promotion covering the efforts to:
(2) The provisions as intended in paragraph (1) shall be further regulated by the Government.
The provisions as intended in article 45, 46, 47, 48 and article 49, shall be further regulated with a Government Regulation.
The community has the opportunity to participate as extensively as possible in realizing the protection of individuals consuming food, in accordance with the provisions of this Law and its executive regulations as well as the other legislative regulations in force.
In the framework of improving and upgrading of the food system, the community may submit probles, inputs and/or the solution method on matters in the field of food.
(1) To supervise the adherence to the provisions of this Law, the Government is authorized to carry out an investigation in case there is a suspicious that a legal violation has taken place in the field of food.
(2) In performing the function os examination as intended in paragraph (1), the Government is authorized to:
(3) The Investigating Official shall be provided with a warrant to carry out the examination as intended in paragraph (2).
(4) In case based on the results of the examination as intended in paragraph (2) it is reasonable to be suspected that it constitutes a criminal Law in the field food, then an investigation by an investigator shall immediately be carried out based on the legislative regulations in force.
(5) The provisions as intended in paragraph (1), (2) and (3) shall be further stipulated by a Government Regulation.
(1) In the implementation of the supervisory function as intended in article 53, the Government has the authority to take administrative measures on the violations of the provisions of this Law.
(2) The administrative sanction as intended in paragraph (1), may be in the form of:
(3) The provisions as intended in paragraph (1) and (2) shall be further regulated with a Government Regulation.
Whomever intentionally:
Shall be sentenced with imprisonment of maximum 5 (five) years and/or a fine of maximally RP 600.000.000,00 (six hundred million rupiah).
Whomever because of his/her negligence:
Shall be sentenced with imprisonment of maximum 1 (one) year and/or a fine of maximum RP 120.000.000,00 (one hundred and twenty million rupiah).
The criminal charge of punishment on the violation as intended in article 55 paragraphs a, b, c and d and article 56 shall be increased with one fourth if it has caused harm to the health of humnas or increased with one third if it has caused death.
Whomever:
Shall be sentenced with imprisonment of maximum 3 (three) years and/or a fine of maximum RP 360.000.000,00 (three hundred and sixty million rupiah).
Whomever:
Although already warned in writing by the government, shall be sentenced with imprisonment for a maximum of 4 (four) years and/or a fine of maximum Rp 480.000.000,00 (four hundred and eighty million rupiah).
(1) The Government may submit part of the affairs in the field of food to the Regional Administration, in accordance with the legislative regulations in force.
(2) The Government may assign the Regional Administration to carry out the task of assistance in the field of food.
(3) The provisions as intended in paragraph shall be further determined with a by Government Regulation.
(1) In the event of a very urgent food shortage condition, the Government may temporarily put aside the provisions of this Law concerning the conditions of food safety, label, quality and/or food nutrition requirements.
(2) The provisions as intended in paragraph (1) shall be implemented white paying attention to the safety and the safeguarding of the community's health.
When considered necessary, the Government may designate an agency to coordinate the implementation of this Law.
This Law and the its executive regulations does not apply to food produced and consumed by household circles.
At the time this Law comes into force, all legislative regulations on food which are already in existence are declared to remain in force as long as they are not in contradiction with this Law.
This Law shall come into force as of the date of promulgation.
In order that everyone shall take cognizance, it is ordered to promulgate this Law by its placement in the State Gazette of The Republic Indonesia.
Legalized in Jakarta
On November 4, 1996
PRESIDENT OF THE REPUBLIC OF INDONESIA
SOEHARTO