ELUCIDATION ON
GOVERNMENT REGULATION
NO. 69/1999

CONCERNING
FOOD LABELS AND ADVERTISEMENTS

GENERAL

The creation of fair and responsible trade in food is one of the important aims of regulation, fostering and control in food affairs as expected by law No. 7/1996. One of the efforts to achieve orderly regulation in food affairs is the regulation in food labels and advertisements, which in practice have not yet secured proper stipulation so far.

Many kinds of food circulating in society without observing the provisions on the containing of label have caused anxiety. Trade in expiring food, the use of colouring agents not allocated to food or other action which inflict losses on communities, and even can threaten the health and safety of human life, mainly children are generally done through deception on labels or through advertisements. Food labels and advertisements which are dishonest and misleading cause adverse effects to the development of human health.

Not only matters connected with health need to be informed in a true and illuminating manner through food labels or advertisements, but also spiritual protection need to be given to society. Moslem society is the majority of Indonesia's total population who need to be protected specially and non-discriminatorily by regulation on halal (permissible food). Nonetheless, interests of followers of other religions and beliefs continue to be protected through responsibility of the party producing food or importing food into the territory of Indonesia for trading for the said purpose.

In addition to information obliged to be mentioned on labels as intended by Article 30 paragraph (2) of Law No. 7/1996 on food, other matters which are possible to inform to society are also regulated. To accommodate the regulation, rudiments of regulation connected with labels of nutrition for the interests of certain groups of society are stipulated by this government regulation. Further regulation is entrusted to the Minister of Health who is more knowledgeable about aspects of public health, including side effects of certain food on health. of certain groups of society.

It has, already been described previously, impacts of food consumed on human. health need to be cautioned. Therefore, food. advertisements need to he regulated specially and controlled properly through this government regulation, The exploitation of children below five are firmly prohibited in advertising food which is not specially designed for consumption by them. The prohibition is badly needed to avoid children from the impacts of negative or misleading advertisements easily accepted by children who are naturally not yet able to distinguish between good and bad things.

This government regulation requires labels to be written by in the Indonesian language, Arabic figures and Latin letters. The provision is effective for not only food produced in the country but also food imported into the territory of Indonesia for trading.

This regulation is aimed at ensuring that information on food can be understood by all groups of society, in both urban and rural areas.

Without ignoring regulation which has already been contained in laws on health, the government regulation on food labels and advertisements as the implementation of Law No. 7/1996 concerning food constitutes a complement to the regulation already existing. The aim of regulation is to further guarantee legal certainty for society consuming food.

To accommodate the regulation, rudiments of regulation connected with labels of nutrition for the interests of certain groups of society are stipulated by this government regulation. Further regulation is entrusted to the Minister of Health who is more knowledgeable about aspects of public health, including side effects of certain food on health. of certain groups of society.

It has, already been described previously, impacts of food consumed on human. health need to be cautioned. Therefore, food. advertisements need to he regulated specially and controlled properly through this government regulation, The exploitation of children below five are firmly prohibited in advertising food which is not specially designed for consumption by them. The prohibition is badly needed to avoid children from the impacts of negative or misleading advertisements easily accepted by children who are naturally not yet able to distinguish between good and bad things.

This government regulation requires labels to be written by in the Indonesian language, Arabic figures and Latin letters. The provision is effective for not only food produced in the country but also food imported into the territory of Indonesia for trading.

This regulation is aimed at ensuring that information on food can be understood by all groups of society, in both urban and rural areas.

Without ignoring regulation which has already been contained in laws on health, the government regulation on food labels and advertisements as the implementation of Law No. 7/1996 concerning food constitutes a complement to the regulation already existing. The aim of regulation is to further guarantee legal certainty for society consuming food.

Finally, the integration of tasks in the field of supervision over the implementation of this government regulation is heavily dependent on the capacity of state apparatus to avoid the occurrence of excesses which are not expected.

ARTICLE BY ARTICLE

Article 1

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Article 2

Paragraph (1)

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Article 3

Paragraph (1)

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Article 4

"Certain processed food" as meant in this provision is processed food designed for consumption by certain groups, formula milk for babies, food for pregnant and breast feeding mothers, special food for sufferers from certain diseases, or other food of the kind which considerably affects the quality of growth of human health.

Article 5

Paragraph (1)

Incorrect/false information is information whose contents contravene the actual fact or which contains no information needed in order to give a true description or impression of food.

Misleading information is statement connected with matters, like the nature, price, ingredient, quality, composition, benefit or security of food which is true in fact but can cause a description misleading the understanding about the relevant food.

Paragraph (2)

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Article 6

Paragraph (1)

Referred to in this government regulation as a statement (claim) on health benefit is a statement that a certain food product contain certain nutrient and/or non-nutrient substances which are beneficial if the food is consumed or not consumed by certain groups, e.g. for children below five, elderly people, pregnant and breast feeding mothers etc.

The definition of the statements can only be contained in labels or advertisements if the matters can scientifically be accounted for, among others, through a laboratory or clinical tests.

Paragraph (2)

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Article 7

This provision is also effective for food which on the basis of scientific facts benefits health and may not be advertised as a medicine.

Article 8

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Article 9

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Article 10

Paragraph (1)

The inclusion of the information or word "halal" in food labels is an obligation in the case of the party which produces and/or imports food into the territory of Indonesia stating (claiming) that the product is halal for moslem people. The use of languages or letters other than the Indonesian language and Latin letters must be accompanies by their equivalents in the Indonesian language and Latin letters.

Information on halal food has a very important meaning and is intended to protect society embracing the Islamic religion so as to prevent food consumption prohibited by the Islamic law (haram).

The truth of a statement of halal on food labels is not only proven on the basis of raw materials, food additives or auxiliary materials used for producing food, but also can be proved in the production process.

Paragraph (1)

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Article 11

Paragraph (1)

The inclusion of the word halal is basically voluntary in nature. However, anybody producing and/or importing food into the territory of Indonesia for trading stating that the food halal, in accordance with the provision the producer and/or importer are obliged to put the word halal on labels of the products. In order to avoid any doubt among Moslem people about the truth of the statement of halal as well as to ensure the continuity or progress of their business, it is appropriate if the food stated halal is first examined by institutions already accredited by the National Accreditation Committee (KAN).

The examination is intended to calm and convince of Moslem people that food to be consumed is safe from the religious perspective.

Paragraph (2)

The religious institution is the Indonesian Ulemas Council. This guidance is general in nature and among others include the requirements for ingredients, processes and products.

Article 12

Main part of labels means the part of labels containing important information to be conveyed to consumers.

Article 13

Paragraph (1)

In addition to the three kinds of information as meant in this provision, information on halal can be mentioned in the main part of food labels so as to be easily seen and known by society wishing to buy the food.

Paragraph (2)

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Article 14

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Article 15

The provision is intended to require processed food traded in Indonesia to use labels in the Indonesian language. Food destined for export can be excepted from this provision.

Article 16

Paragraph (1)

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Paragraph (2)

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Article 17

Paragraph (1)

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Paragraph (2)

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Paragraph (3)

With the development of food technology, there are certain food products which have no or do not yet have names of products, e.g. snacks like chiki, tazzos etc. Therefore, the kinds of food products, like snack, are sufficient to mention.

The provision only allows the use of foreign languages in a limited manner, namely in the case of their equivalents being not found in the Indonesian language.

Article 18

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Paragraph (2)

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Article 19

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Paragraph (2)

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Paragraph (3)

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Article 20

Paragraph (1)

By mentioning the volume of water used as a mixture of a certain food product, anybody to consume the food can be informed of the net weight of the relevant food.

Paragraph (2)

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Article 21

The use of the words "not misleading" implies that even though the enrichment or fortification of vitamins, minerals or nutrition is done truthfully upon processing, but the inclusion of statement of the enrichment remains possible to mislead, e.g. due to the relevant food, the consumption pattern, the enrichment brings no benefits to consumers, except commercial benefits obtained by producers.

Article 22

Paragraph (1)

The inclusion of names of groups of food additives is needed to ensure that anybody consuming the food can clearly be informed of the kinds of food additives which are used.

Paragraph (2)

The obligation to mention international code numbers facilitates anybody producing or consuming certain food and at the same time eases the supervision.

Paragraph (3)

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Article 23

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Article 24

Referred to as net weight after being deducted by a liquid medium is the net weight of food in a condition not mixed with water (weight after being drained).

Article 25

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Article 26

Paragraph (1)

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Paragraph (2)

This provision is intended to ensure that consumers can obtain information on the origin or importers of the relevant food in Indonesia.

Paragraph (3)

This provision is intended to ensure that consumers can obtain correct information on both importers and distributors of the relevant food.

Article 27

Paragraph (1)

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Paragraph (2)

Eventhough the word used is "best used before", it does not reduce the meaning of the provision on the prohibition from trading food surpassing the expiration period.

Paragraph (3)

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Article 28

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Article 29

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Article 30

Food Registry Numbers are numbers granted to processed food as meant in this provision in.

Article 31

Paragraph (1)
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Paragraph (2)
"History of production " means the explanation on the production period or series of links in production chains.

Article 32

Paragraph (1)

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Paragraph (2)

Clause a

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Clause b

The definition of total volume is only effective for calorie, fat and carbohydrate. For calorie, the total volume means the total calories derived from fat, protein and carbohydrate. For fat, it means the total fat, while for carbohydrate it means the total carbohydrate.

Paragraph (3)

The figure of nutrition adequacy recommended which is widely known as Dietary Allowance Nutrients is a definition in the food affairs adopted by Indonesia, whose calculation is based on the consumption pattern of food and the need of Indonesian people for nutrition, which in this case is different from that prevailing in other countries because of differences in geographical condition, consumption patterns etc.

Article 33

Paragraph (1)

This article prohibits the inclusion of statements on food labels that certain food is a source of a certain kind of nutrition, except the volume of nutrition in the said food at least accounts for 10% of the total volume of the daily nutrition recommended in a dose.

The provision on the minimum volume of certain kinds of nutrition allowed is stipulated in the Indonesian National Standards. in the case of the stipulation being not yet available, the Minister of Health is authorized to stipulate the minimum volume which must be fulfilled in certain food products.

Paragraph (2)

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Article 34

Paragraph (1)

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Paragraph (2)

With this provision, the word IRRADIATED FOOD needs not be contained in the food, but it is sufficient to mention information that ingredients used in the food have already been treated by irradiation.

Paragraph (3)

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Paragraph (4)

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Article 35

Paragraph (1)

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Paragraph (2)

With this provision, the word GENETICALLY ENGINEERED FOOD needs be contained, but it is sufficient to mention that ingredient used in the food results from irradiation.

Paragraph (3)

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Article 36

Paragraph (1)

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Paragraph (2)

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Article 37

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Article 38

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Article 39

Paragraph (1)

The inclusion of information on procedures for the preparation and/or use of processed food needs to be made clear and easy to understand, especially for order steps to ensure that the relevant food can be consumed in accordance with its purpose, as well as to avoid mistakes in the preparation.

Paragraph (2)

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Article 40

Information on procedures for storage is very crucial for consumers, because any mistake in procedures for the storage can accelerate degradation in the quality of food or make the food easy to decay, for example the quality of food which must be stored in a cool place will decline in the quality if the food is not stored in a refrigerator or a cool place.

Article 41

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Article 42

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Article 43

Paragraph (1)

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Paragraph (1)

The technical directives, among others, regulate the following matters :

Article 44

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Article 45

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Article 46

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Article 47

Paragraph (1)

"Other food products" mean food products traded by trade marks. The prohibition from discrediting other products is intended to allow consumers freedom to choose on the basis of their own knowledge about a certain food product without being influenced by advertisements which discredit other products of the similar kind.

Paragraph (2)

This provision is intended to avoid the exploitation of children in food advertisements, especially advertisements which solely feature children below five not for food specially designed for children of the age group.

In the context of food advertisements, children below five can be featured but they are featured in a wider context, e.g. along with the family.

Paragraph (3)

This provision is intended to prevent the increase in consumption of certain processed food containing high-grade ingredients, like monosodium glutamate (MSG), sugar, fat or carbohydrate, which can endanger or disturb the growth and/or development of children.

Paragraph (4)

The approval of the Minister of Health as meant in this paragraph constitutes the approval of material of advertisements, so that the dissemination of information on food designed for infants can be better selected and solely done to further increase the use of mothers' milk.

Food designed for infants means infant milk, excluding complementary food of mothers' milk, like infant porridge.

Article 48

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Article 49

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Paragraph (2)

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Article 50

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Article 51

Paragraph (1)

Referred to as food needed by infants in this provision is complementary food of mothers' milk, like infant porridge, excluding food substituting mothers' milk which is commonly known formula milk for infants.

Paragraph (2)

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Article 52

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Article 53

Food is different from a medicine and each has specific characteristics, namely food is not curative, while a medicine is curative. Food can not function as a medicine so that to advertise food as a medicine is an action to cheat consumers.

Article 54

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Article 55

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Article 56

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Article 57

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Article 58

Paragraph (1)

Alcoholic drinks mean drinks containing ethanol (C2H50H) which can be traded, in accordance with the provisions of laws in force.

Paragraph (2)

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Article 59

The supervisory authority of the Minister of Health as stipulated in this provision is in the case of supervision over the compliance with or fulfilment to the provisions in this government regulation by information or statements on labels and advertisements circulating in society.

Article 60

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Article 61

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Paragraph (4)

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Article 62

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Article 63

Clause a

The exception is only meant for food products whose packages are too small, so that they are difficult technically to contain all information required as effective for other food products which are commonly put into bigger packages by the party producing the relevant food so as to be capable of containing information as meant in this government regulation.

Apart from that, the name and address of the producer need to be contained in food products packed in very small containers.

Clause b

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Clause c

Food in a large amount (bulk) means food packed in a container so that the net volume of the relevant food is more than 500 litres or the net weight of the relevant food is more than 500 kilograms.

Article 64

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