REGULATION OF THE MINISTER OF HEALTH
No. 180/Men.Kes/Per/IV/85

CONCERNING
FOOD BEYOND EXPIRY DATES

MINISTER OF HEALTH OF THE REPUBLIC OF INDONESIA,

Considering :

• a. that the increasing and developing public participation in the procurement of food should be regulated, guided and controlled in order to protect consumers from using certain kinds of food that fail to meet quality and safety requirements;
• b. that certain kinds of food that can undergo quality decline within a relatively short time require the determination of expiry dates in order to prevent harmful consequences or human health hazards;
• c. that in conjunction with the considerations in points a. and b. above it is necessary to replace the Regulation of the Minister of Health No. 346/Men.Kes/Per/IX/1983 on food beyond expiry dates and stipulate a regulation of the Minister of Health on the same subject.

In view of :

• 1. Law No. 9/1960 on the principles of health (Statute Book of 1960 No.131, Supplement to Statute Book No.2068);
• 2. The Ordinance of Hazardous Materials Statute Book of 1949 No.377;
• 3. The Regulation of the Minister of Health No.329/Men.Kes/Per/XII/76 on the production and distribution of food;
• 4. The Regulation of the Minister of Health No.79/Men.Kes/Per/III/78 on food labels and advertisements.

DECIDES :

To stipulate :

THE REGULATION OF THE MINISTER OF HEALTH CONCERNING FOOD BEYOND EXPIRY DATES

Article 1

Hereinafter referred to as :

• a. Food shall be materials that are contained and labelled, and used as human food or drinks, other than drugs;
• b. Labels shall be marks in the form of letters, pictures or other forms of expression that are carried by containers or packing of food as information or explanations;
• c. Food beyond expiry dates shall be food that has exceeded dates of expiry;
• d. Dates of expiry shall be limits of periods for food in which the quality is guaranteed as long as its storage follows the instructions given by producers;
• e. Commercial sterile canned food shall be food in hermetically sealed containers, which after undergoing a heating or aseptic process is free from :
• - Micro-organisms that are capable of living, including spores dangerous to health, or
• - Micro-organisms that are capable of reproduction during storage and distribution at room temperature and capable of causing food decay.
• f. Baby food shall be food that is meant or recommended for babies aged up to 12 (twelve) months.

Article 2

(1) Labels for certain kinds of food that are produced, imported and distributed shall mention dates of expiry clearly.

(2) Certain kinds of food as meant in paragraph (1) shall be as contained in the attachment to this regulation, which is an inseparable part of this regulation.

(3) The Director General of Food and Drug Control shall be authorised to amend the attachment as meant in paragraph (2).

Article 3

Decomposed food, before as well as after dates of expiry, shall be declared hazardous materials.

Article 4

Food beyond expiry dates shall not be imported-and distributed.

Article 5

(1) Any violation of Article 2 shall be subject to administrative sanctions and or other legal actions based on the effective laws.

(2) Any violation of Article 4 shall be subject to detention or fines as stipulated in Article 2 paragraph (1) of the Ordinance of Hazardous Materials Statute Book of 1949 No. 377

Article 6

Food beyond expiry dates that has been declared decomposed food shall be subject to destruction or other provisions in line with the effective laws.

Article 7

(1) Certain kinds of food listed in the attachment as meant in Article 2 paragraph (2) that will be produced shall fulfil the provisions of implementation of this regulation to be stipulated by the Director General of Food and Drug Control, not later than 1 (one) year starting from the date of stipulation.

(2) Commercial sterile canned food that is distributed on the market on the date of stipulation of this regulation shall be allowed to continue in distribution for 2 (two) years starting from the enforcement of this regulation.

Article 8

With the enforcement of this ministerial regulation, the Regulation of the Minister of Health No. 346/ Men.Kes/Per/IX/1983 dated September 6, 1983 on food beyond expiry dates shall be declared null and void.

Article 9

This regulation shall take effect as from the date of stipulation.

For public cognizance, this regulation shall be enforced by publishing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On April 10, 1985

THE MINISTER OF HEALTH,
Sgd,
dr. SUWARDJONO SURJANINGRAT