ELUCIDATION
ON
GOVERNMENT REGULATION NO. 28/2004
CONCERNING
SECURITY, QUALITY AND NUTRITION OF FOOD

GENERAL

Food constitutes the very principal need of human because it influences their existence and life endurance qualitatively and quantitatively. Given the importance, food basically constitutes a basic human necessity fully becoming human right of every Indonesian people.

The sufficient supply of secure, good-quality and nutrient food constitutes the main pre-requisite, which must be fulfilled in a bid to realize moral and honorable human-being as well as good-quality human resources.

Human resources constitute the most important element cum the main objective of national development because good-quality human resources constitute a decisive factor of the success of the development, which in due time can enhance the public welfare and living standard as well as can reduce or alleviate poverty. The quality of human resources is heavily dependent on, among others, the quality of food that they consume so that all resources and efforts need to be mobilized optimally so that the secure, good quality and nutrient food is available adequately as well as affordable to the purchasing power of communities.

In a bid to the adequate supply of secure food, efforts to realize a food system, which car, provide protection for people consuming the food need to be taken so that the distributed and/or traded food is not harmful as well as safe for human health and life. In other word, the food must meet the requirements for security of food.

The advancement of science and technology in the food sector as well as the increasingly advanced and opened domestic- and international-trade will bring about impact on the increasingly various kinds of food distributed in the society, which is produced in the country and comes from the import.

Food consumed by the people basically passes a chain ring of processes covering production, storage, transport, distribution until reaching the hand of consumers.

In a bid to ensure all of the chain rings to meet the requirements for security, quality and nutrition of food, it is necessary to realize an effective regulation, fostering and supervision system in the security, quality and nutrition of food in the form of a government regulation on security, quality and nutrition of food, which constitutes technical directive for Law No. 7/1996 on food.

ARTICLE BY ARTICLE

Article 1

Point 1

The definition of food includes gum or the like but excludes cosmetics, tobacco, processed tobacco products or materials designed as medicines.

The other materials mean materials used in the preparation, processing and/or production of food or beverage outside food additives and food auxiliary materials. Examples of the other materials are catalyst materials, such as digestion enzyme.

The raw materials mean basic materials used for producing food. The raw materials can be in the form of fresh food or semi-finished processed-food.

Point 2

The definition of fresh food in this provision covers food, which can be consumed directly by human without processing, such as fruits and part of vegetables, which can become raw materials of food processing such as soybean, corn, meat, fish, milk, egg etc.

Point 3

The definition of processed food in this provision covers both processed food ready for direct consumption and processed food, which must be cooked first, subsequently used as raw materials of food, such as tapioca, wheat flour and soybean protein isolate.

Point 4

The definition of certain processed food is processed food for consumption of certain groups, such as formula milk for baby, food designated to pregnant and feeding mothers, special food for sufferers of certain diseases, other similar food having considerable influence on the growth of quality of human health.

Point 5

Sufficiently clear

Point 6

The business place as meant in this provision covers catering service, hotel, restaurant, food stall, cafetaria, sidewalk and mobile food retailers.

Point 7 up to Point 12

Sufficiently clear

Point 13

The bid for becoming food means activity commonly executed before the purchase and/or sale of food takes place, such as gratis distribution of samples of food products in the framework of promotion.

Point 14 up to Point 16

Sufficiently clear

Point 17

Food additives are not usually consumed as food and do not constitute food ingredient, have or have no nutrition value intentionally supplemented to food for technological purpose in the production, processing, preparation, treatment, packing, packaging, storage and or transport of food or result in or are expected to result in a component or influence characteristic of the food, directly or indirectly. Food additives exclude contaminants or materials supplemented to food for maintaining or enhancing the nutrition value. For example, Vitamin C is considered as food additive if the supplementation does not aim at improving the nutrition value but serves as antioxidant, such as maintaining the red color in cornet.

The food additives include dying agent, preserving substance, sweetener, flavor, anti-solid, whitener and blender.

Point 18

Sufficiently clear

Point 19

The applied iodizing radiation can come from radioactive that can slow down the time of budding in potato, discourage the decaying in frog leg, frozen shrimp, prevent damage of other food, such as spice and cereals.

Point 20 and 21

Sufficiently clear

Point 22

The technical specifications or requirements as meant in this provision cover, among others, the shape, color or food composition formulated on the basis of certain criteria in accordance with scientific and technological developments as well as other related aspects.

The quality standard of food in this provision covers both processed food and unprocessed food.

In a broader definition, the standard in force for food covers various requirements for security nutrition and quality of food and other requirements in the framework of creating the fair trade of food, such as requirements for label and advertisement. The standards are not contravening one each other or independent but constitute an integrated unit totally, with the elaboration further regulated by the government.

Point 23 and 24

Sufficiently clear

Point 25

The food quality certificate can be in the form of health and analysis certificate.

The analysis certificate is issued by accredited laboratories, while the health certificate is issued by authorized institution. Other quality certificate can be issued by authorized institutions or accredited certification institutions.

Point 26 and 27

Sufficiently clear

Article 2

Paragraph (1)

In this provision, everybody in responsible means everybody undertaking, interesting or obtaining benefit from activities or processes of production, storage, transport and/or distribution of food, such as producers, storage place service providers, carriers and/or distributors of food, belonging to the relevant or renting necessary facilities and infrastructures.

In this provision, the distribution of food covers, among others, food presenting.

Paragraph (2)

The facilities and/or infrastructures include design and construction of building; layout, equipment and installation, waste disposal facilities and other facilities directly or indirectly used in activities or processes of production, storage, transport and/or distribution of food.

Article 3

Sufficiently clear

Article 4

Paragraph (1)

Sufficiently clear

Paragraph (2)

The guidelines on proper cultivation method as meant in this provision cover guidelines on cultivation method of food crop, animal husbandry and fish.

Article 5

Paragraph (1)

Sufficiently clear

Paragraph (2)

The guidelines on proper fresh-food production method cover guidelines on proper production method of fresh food resulting from agricultural products, animal husbandry and fishery business.

Article 6

Paragraph (1)

Sufficiently clear

Paragraph (2)

Stipulation of guidelines on the proper production method of processed food by minister in charge of industrial or fishery affairs is adjusted to their respective tasks as meant in Government Regulation No. 17/1986 on the authority to regulate, foster and develop industries.

Paragraph (3)

Certain processed food constitutes processed food for consumption of certain groups, such as formula milk for baby, food designated to pregnant and feeding mothers, special food for sufferers of certain diseases, other similar food having considerable influence on the growth of quality of human health. Given that consumers of the certain processed food cover groups of high risk communities as well as in observance of the objective of the use of the food, a more specified certain handling-method needs to be applied in the production of the said food.

Article 7

Sufficiently clear

Article 8

Sufficiently clear

Article 9

Sufficiently clear

Article 10

Guidelines on the proper method applied to business communities aim at ensuring them to continue observing security of food in executing their activities. The proper method guidelines are applied voluntarily but they can be stipulated obligatory if an activity is deemed critical.

The activity deemed critical is an activity in the food chain needing extra careful handling thus being impossible to execute properly if it is only given up voluntarily to the executor of the said activity. For example, guidelines on the proper fresh milk handling method can be stipulated compulsorily because of the high risk of biological contamination so as to need extra careful handling.

Article 11

The public needs to be protected from food using or containing materials stipulated forbidden as food additives. The materials can endanger human health and life.

Article 12

Since food using or containing food additives not suitable to the provision has negative influence on human health, the use of food additives in activities or processes of food production is regulated strictly in the framework of realizing security of food so that the people are avoided from consuming food potential to harm, affect and endanger human health and life.

Article 13

Sufficiently clear

Article 14

Sufficiently clear

Article 15

Paragraph (1)

Irradiation methods and techniques in activities or processes of food production are increasingly advanced and broader, particularly in the preservation of food. The application of the techniques or methods already reaching the commercial level must remain safe for the people. In relation thereto, in a bid to the techniques or methods from being used uncontrollably, the application needs to be regulated and supervised tightly. In a bid to prevent the activity from causing risks potential to affect human health and safety, it is necessary to stipulate requirements, which must be fulfilled by irradiation service providing facilities.

Paragraph (2)

The provisions on irradiated food includes kind of the permitted commodities and dosage, general requirements related to radiation sources, absorption dosage, irradiator facilities and supervision over irradiation, irradiated food hygiene, requirements for technology and re-irradiation.

Article 16

Sufficiently clear

Article 17

Sufficiently clear

Article 18

Sufficiently clear

Article 19

Paragraph (1)

Packaging constitutes a part of the proper food production method. The packaging of food must be done properly so that the packed food is uneasy to damage and/or contaminate as well as decrease in the quality.

Paragraph (2)

The proper food packaging procedure is mainly designated to certain food having certain characteristics so as to need special treatment during the packaging, i.e highly fat food or high temperature food cannot be packed by plastic potential to release carcinogenic monomer into the food.

Article 20

Paragraph (1)

The provision is stipulated with a view of preventing food products from getting contaminated by materials potential to affect or endanger human health. The final package of food means the final package of food products commonly applied in the final stage of processes or activities of production of food ready for trade for human consumption.

Paragraph (2)

Food procured in the large quantity commonly not packed finally is food having a large-size package for trading (retailing) further in a smaller package, such as rice, wheat flour and sugar.

The common is adjusted to the custom in force for the said food commodity or local community habit.

Paragraph (3)

Sufficiently clear

Article 21

Paragraph (1)

The quality guarantee system constitutes a preventive measure that needs to be observed and/or implemented in the framework of producing food safe for human health and quality food, which is commonly applied as from the beginning of food production activity until the food is ready for trading and constitutes a quality supervision and controlling system always developing to adjust to scientific and technological developments.

The quality guarantee system is executed by applying, among others, proper cultivation method, proper fresh-food production method, proper processed food production method, proper food distribution method, proper food retail method or proper fast-food production method.

Paragraph (2) up to Paragraph (4)

Sufficiently clear

Article 22

Paragraph (1) and (2)

Sufficiently clear

Paragraph (3)

In the case of imported products, recognition of laboratories of exporting countries is based on bilateral or multilateral mutually-recognizing agreements.

Paragraph (4)

The requirements for laboratory analysis are stipulated by government institutions in accordance with their respective tasks and scopes of authority as well as executed in phases by considering kinds of the produced food as well as technical specifications and/or required parameters.

Article 23

Letter a

Poisonous materials or materials endangering human health and life include metal, metalloid, other poisonous chemical substances, dangerous micro organism, micotoxin, pesticide residue, animal hormones and medicines surpassing the stipulated maximal limit.

Letter b

Sufficiently clear

Letter c

The forbidden materials include borax, formalin, Rhoda mine B or yellow methanil.

Letter d

Sufficiently clear

Letter e

The expired food means food surpassing the deadline of a period when the quality of food is guaranteed as long as the storage follows manual provided by producer of the said food.

Article 24

Paragraph (1)

Letter a

Sufficiently clear

Letter b

The provisions on the tolerable limit of contaminants include:

Letters c and d

Sufficiently clear

Paragraph (2) and (3)

Sufficiently clear

Article 25

Paragraph (1)

The medical service unit includes public health center, polyclinic, state-/private-owned hospital in the provincial or regental/municipal level.

Paragraph (2)

Sufficiently clear

Paragraph (3)

KLB of food toxicity is an event wherein two persons or more suffer from disease with the same or nearly same phenomenon after consuming food and based on epidemiological analysis, the food is proven as a source of contagion.

Paragraph (4) up to (6)

Sufficiently clear

Article 26

Paragraph (1)

Sufficiently clear

Paragraph (2)

The central government as meant in this provision is the ministry in charge of health affairs and/or agency.

Article 27

Sufficiently clear

Article 28

Sufficiently clear

Article 29

Sufficiently clear

Article 30

The Indonesian National Standards can be applied compulsorily to part or all of technical specifications and/or parameters in the Indonesian National Standards.

The institutions authorized to enforce the Indonesian National Standards compulsorily are as follows:

Article 31

Sufficiently clear

Article 32

Sufficiently clear

Article 33

Paragraph (1)

The standard of nutrition status deals with two aspects. The first is the standard of individual nutrition status classified by malnutrition. The classification is based on results of physical examination and measurement (anthropometrical and medic-clinical) as well as biochemical analysis of body liquid, such as blood and urine (biochemical). The classification can be stipulated qualitatively, namely over nutrition, malnutrition and poor nutrition.

The second is the standard of public nutrition status meaning prevalence or percentage of community groups by malnutrition.

Paragraph (2)

The malnutrition is medical disorder attributable to the shortage and/or imbalance of nutrient substances needed for the growth, intelligence and activity/productivity.

Paragraph (3)

Sufficiently clear

Article 34

The periodical change is done on the basis of result of survey on public nutrition status. The nutrition sufficiency rate is the daily average adequacy of nutrient substance of all people by groups of age, sex, body size, and body activity to achieve the optimal health degree.

Article 35

Paragraph (1)

The enrichment of food nutrition is the supplementation of less nutrient substance naturally or lost nutrient substances because of processing and/or storage.

Fortification of nutrient substances is the addition of essential nutrient substance to certain food previously not containing the said nutrient substances.

The enrichment and/or fortification as meant in this provision constitute a national program in the framework of preventing malnutrition, maintaining and improving the public nutrition status.

Paragraph (2)

Sufficiently clear

Paragraph (3)

The procedure for enrichment is technique of supplementation of certain nutrient substance to the produced food with a view of enhancing the content of nutrient substance in the said food.

The procedure for fortification is a technique of supplementation of certain nutrient substances to food previously not containing the nutrient substance with a view of adding kinds of nutrient substances of the food, i.e. the addition of iodium to salt.

Paragraph (4) and (5)

Sufficiently clear

Article 36

In this provision, the food imported into the Indonesian territory includes food donation.

The other legislation in force is, among others, labeling, customs and fish, animal and plant quarantine laws.

Article 37

Sufficiently clear

Article 38

Sufficiently clear

Article 39

Sufficiently clear

Article 40

Further regulations to be regulated are, among others, requirements for necessary documents and/or certificates, results of laboratory analysis, stipulation of deadline of expiration period and approval of the import of goods.

Article 41

Paragraph (1)

The provision constitutes the minimal requirement, which must be fulfilled. In addition to the requirements, food to be exported from the Indonesian territory must meet the requirements in force in destination countries.

Paragraph (2) up to (4)

Sufficiently clear

Article 42

Paragraph (1)

The processed food as meant in this provision also includes certain processed food, food additives, genetically engineered food products or irradiated food.

Processed food imported into the Indonesian territory as donation must meet the provision as meant in this article.

The retail package means the final food package, which may not be opened for re-packing into smaller packages for trading.

Paragraph (2)

Sufficiently clear

Paragraph (3)

The issued Letter of approval of registration contains registration number. The registration number must be mentioned in label of the said food and the labeling must be in accordance with the provisions in force on food label and advertisement.

Paragraph (4) up to (6)

Sufficiently clear

Article 43

Paragraph (1)

Sufficiently clear

Paragraph (2)

The enforcement of the obligation of home industry to have production certificate is done in phases due to the limited facility and knowledge about security, quality and nutrition of food owned by home industry operators. The phasing provides opportunity for the home industry to enhance their capability in producing food fulfilled the requirements for security, quality and nutrition.

Paragraph (3)

The production certificate is issued to processed food produced by home industry already fulfilling the requirements in accordance with the provisions in force. The issuance of the production certificate to food home industry by regents/mayors are based on the fulfillment of requirements for proper production method of home industry, covering, among others, sanitary requirements, the use of food additives and label.

The proper production method of home industry is stipulated by the Head of the Agency.

Paragraph (4)

Given the limitations of domestic industry in terms of buildings, sanitation facilities, equipment and employees thus the type of food allowed to be produced by the domestic industry should be limited. Industrial houses stairs are only allowed to produce food not at high risk to health.

Article 44

Letter a

Sufficiently clear

Letter b

In the small quantity as meant in this provision is the measurement of sufficient quantity only needed for related need.

Article 45

Sufficiently clear

Article 46

Paragraph (1)

In this provision, the allegation can be in the form of results of examination on the basis of public report or results of inquiry into toxicity cases.

Paragraph (2) up to (6)

Sufficiently clear

Article 47

Sufficiently clear

Article 48

Paragraph (1) up to (4)

Sufficiently clear

Paragraph (5)

The guidelines on withdrawal and destruction as meant in this provision include method of withdrawal, period of withdrawal and destruction method.

Article 49

Sufficiently clear

Article 50

In the framework of avoiding the public from suffering failure arising from consumption of food products potential to endanger and/or affect the health, results of examination of the food products need to be ascertained by the public.

Article 51

Paragraph (1) up to (3)

Sufficiently clear

Paragraph (4)

The fostering efforts as meant in this Paragraph are executed through various approaches in the framework of enhancing capability of fast food producers and home industry.

Paragraph (5)

The fostering applied to activities of regional government institutions is, among others, training of field inspectors, provision of guidelines related to food and drug supervision in regions.

Article 52

Sufficiently clear

Article 53

Sufficiently clear

Article 54

Sufficiently clear