to Indonesian

ELUCIDATION OF LAW OF THE REPUBLIC OF INDONESIA
NUMBER 18 OF 2012
CONCERNING FOOD

I. GENERAL

National development is a reflection of the will of all the people to constantly improve the prosperity and well being fair and equitable in all aspects of life that is conducted in an integrated, effective, and sustainable in the framework to realize a just and prosperous community, both materially and spiritually based on Pancasila and the Constitution of the Republic of Indonesia of 1945. Food is a basic human need and the fulfillment is part of the basic human rights of the people of Indonesia. Food should always be available in sufficient, safe, high quality, nutritious, and diverse with an reachable price by community purchasing power, and not against with the community religion, beliefs, and culture.

To achieve them, it is necessary a Food system that provides protection for both parties producing and consuming food.

Food Management is conducted to meet basic human needs that provide benefits in a fair, equitable, and sustainable based on Food Sovereignty, Food Independence, and Food Resilience. It means that in the framework to meet the needs of the community Food consumption until to the level of individual, the state has the freedom to determine independent Food policy, can not be dictated by any party, and the Food Business Actors have the freedom to establish and do business in accordance with the resources they have.

Fulfillment of Food consumption should give priority to domestic production by utilizing resources and local wisdom optimally. To achieve this, three main things should be considered such as:

(i) the availability of food based on the utilization of local resources optimally,

(ii) the affordability of food from the physical and economic aspects by the entire community, and

(iii) the use of food or consumption of Food and Nutrition for healthy, active, and productive life.

The realization of food availability based on the utilization of local resource optimally is performed by give priority to domestic Food diversification and Food Production.

Food affordability realization of the physical and economic aspects through the management of Basic Food supply and price stabilization, Basic Food reserves management, and distribution of Basic Food. Food utilization or Food and Nutrition consumption will produce quality human resources as one of the critical success factors of development. It is done through a variety of fulfillment Food supply, nutritionally balanced, and fulfilling the requirements of Food Safety, Food Quality, and Food Nutrition.

Implementation of Food Safety for Food activities or Production processes to be consumed must be made through the Food Sanitation, arrangements for Food additional materials, regulation of genetically engineered products and the Food Irradiation Food, determination of Food Packaging standards, granting guarantee for Food Safety and Food Quality, and the guarantee of halal products for the required. Food Business Actors in conducting Food Production must meet a variety of provisions concerning the activities or processes of Food Production so do not risk or harm to human health. Food Business Actors have responsibility for circulated Food, especially if Food is produced causing harm, health problems or death to person who eat the Food.

The community also needs to get clear information on every packaged food product prior to purchase and consume Food. The information is related to the origin, safety, quality, nutrition content, and other necessary information. In relation with above things, it is necessary to stipulate regulation on food labeling and advertising so that community can make decision based on accurate information.

Sustainability in the realization of Food Sovereignty, Food Independence, and Food Resilience depends on the ability of the nation and the state in creating technological innovations in the field of Food and disseminate to the Food Business Actor. Therefore, the Government is obliged to carry out research and development of Food continuously, to encourage and synergize Food research and development activities that are carried out by local governments, educational institutions, research institutes, Food Business communities, and community.

In realizing the Food Sovereignty, Food Independence, and Food Resilience, it is necessary Food institutional that has authority in making coordination, integration, and synergy across sectors. The institution do governance duties in the field of Food, which is under and responsible to the President.

In realizing the Food Sovereignty, Food Independence, and Food safety, the community can participate through the implementation of production, distribution, trade, consumption of Food, organize Community Food Reserves, prevention and control of vulnerable Food and Nutrition, information delivery and knowledge of Food and Nutrition, control smooth implementation Food availability, Food affordability, Food diversification, Food Safety, and/or increased home Food Independence. The community can also submit problems, feedback, and/or resolve Food problems to the Government and Local Government.

Law concerning Food is intended as legal basis for the Food Management which includes Food planning, Food Availability, Food Affordability, Food and Nutrition consumption, Food Safety, Food labeling and advertising, control, Food information systems, Food research and development, Food institution, community participation, and investigation.

This Law concerning Food is adjusted with internal and external Food development in Indonesia, such as democratization, decentralization, globalization, law enforcement, and the actual condition of the community of Indonesia.

II. ARTICLE BY ARTICLE

Article 1

Self-explanatory.

Article 2

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Self-explanatory.

Letter e

What is meant by "benefit principle" is the Food Management should provide benefit to humanity and welfare of the community, both physically and spiritually, and this benefit can be enjoyed by the whole community in a fair and equitable while still relying on the power and potential of growing in the country.

Letter f

What is meant by "equality principle" is the Food Management should be done thoroughly and be able to ensure the affordability of Food to the level of individual equally.

Letter g

What is meant by "sustainable principle" is the Food Management should be implemented in a consistent and sustainable use of natural resources to ensure the improvement of community welfare now and the future.

Letter h

What is meant by "fairness principle" is the Food Management should provide opportunities and proportionally equal opportunities to all citizens.

Article 3

Self-explanatory.

Article 4

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

What is meant by "the Food vulnerable community" is a community in an area that has an inability to obtain sufficient and appropriate Food for a healthy and active life, including the poor community, affected community, and/or community in geographically is not reached by Food access.

What is meant by "Nutrition vulnerable community" is the most susceptible to health problems or lack of nutrition community. Nutrition vulnerable groups in general is related to the process of human life consists of a specific age group in the human life cycle that includes infants, toddlers, pregnant women and lactating mothers as well as school age children, teenagers, and the elderly.

Letter e

Self-explanatory.

Letter f

Self-explanatory.

Letter g

Self-explanatory.

Letter h

Self-explanatory.

Article 5

Self-explanatory.

Article 6

Self-explanatory.

Article 7

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Carrying capacity of natural resources, such as land, water, genetic, and climate.

Letter d

Self-explanatory.

Letter e

What is meant by "structure of Food Management" is anything that can be used as a tool to improve Food Production, such as in the form of seeds, fertilizer, feed, materials to control plant pests, and/or control animal and fish disease outbreaks.

What is meant by "infrastructure of Food Management" is everything that is the main supporting to improve Food Production, such as in the form of irrigation networks, connecting roads, refrigerated warehouse, the warehouse that meets the technical requirements, fishing catching equipment, boats, and/or ports.

Letter f

Self-explanatory.

Letter g

Self-explanatory.

Letter h

Self-explanatory.

Article 8

Self-explanatory.

Article 9

Self-explanatory.

Article 10

Self-explanatory.

Article 11

Self-explanatory.

Article 12

Self-explanatory.

Article 13

Self-explanatory.

Article 14

Self-explanatory.

Article 15

Paragraph (1)

Self-explanatory.

Paragraph (2)

What is meant by "for other purposes" is the use of Food Production excess for other of consumption such as for fodder, energy raw materials, industrial, and/or export.

Article 16

Self-explanatory.

Article 17

Self-explanatory.

Article 18

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Policies that impact on the competitiveness, such as a collection of overlapping regulations or burden retribution to Farmers, Fishermen, Cultivation Fishermen, and Food Business Actors.

Letter d

Self-explanatory.

Article 19

Self-explanatory.

Article 20

Self-explanatory.

Article 21

What is meant by "community Food institution" is an organization and/or norms of Food Management prevailing in community.

Article 22

Paragraph (1)

Letter a

What is meant by "climate change" is a change in the pattern and intensity of climatic elements, particularly temperature and rainfall conditions for a certain period from normal conditions.

Letter b

What is meant by "plant pests attaching" is invading organisms that may damage, interfere with life, or cause plant death.

What is meant by "animal and fish disease outbreaks" is a disease of animals and fish that can cause economic loss, community unrest, and/or death of animals or fish that are high in quick time.

Letter c

What is meant by "natural disaster" is a disaster caused by the event or series of events caused by nature, such as in the form of earthquakes, tsunamis, volcanic eruptions, floods, droughts, hurricanes, and landslides.

Letter d

What is meant by "social disaster" is a disaster caused by the event or series of events caused by humans that include inter groups or inter community social conflict, and/or terror.

Letter e

What is meant by "environmental pollution" is entered or the inclusion of living things, matter, energy, and/or other components into the environment by human activities that exceed the environmental standards that have been set.

Letter f

What is meant by "the degradation of land and water resources" is the decline in the quality and quantity of land and water resources.

Letter g

Competition of Food Production resources utilization such as land use is supposed for Food Production but is used for other purposes outside of Food Production because it has a higher economic value.

Letter h

What is meant by "change the function of land use" is a change of function in agricultural land become not agricultural land, either permanently or temporarily.

Letter i

What is meant by "economic disincentive" is economic conditions do not support an increase in the national Food Production, for example, Food price stability, unfair competition for Food commodities, and/or policies that have a negative impact on efforts to increase domestic Food Production, for example, the exemption of Import of Food tariff or the excessive imposition of charges.

Paragraph (2)

Self-explanatory.

Article 23

Self-explanatory.

Article 24

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

What is meant by "emergency" is a condition that occurs beyond the ability of humans to prevent or avoid, such as natural disasters, a great famine, or social conflict.

Article 25

Self-explanatory.

Article 26

Self-explanatory.

Article 27

Self-explanatory.

Article 28

Paragraph (1)

What is meant by "certain Basic Food" is Food produced and consumed by most community of Indonesia that is disrupted when the availability and cost may affect the stability of the economic and social turmoil in the community.

Paragraph (2)

The need level of Government Food Reserves is calculated by considering such as the production capacity, the number and spread of population, consumption patterns, the level of consumption per person, and the dynamics of international markets. The calculation of the need level is determined periodically.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 29

Self-explanatory.

Article 30

Self-explanatory.

Article 31

Self-explanatory.

Article 32

Self-explanatory.

Article 33

Self-explanatory.

Article 34

Self-explanatory.

Article 35

Self-explanatory.

Article 36

Self-explanatory.

Article 37

Paragraph (1)

Not conflict with community religion, beliefs, and culture, such as Food fulfills requirement of halal for Muslims or prohibited Food consumed by community religion, beliefs, and culture in Indonesia.

Paragraph (2)

Self-explanatory.

Article 38

Self-explanatory.

Article 39

Self-explanatory.

Article 40

Self-explanatory.

Article 41

Self-explanatory.

Article 42

Self-explanatory.

Article 43

Self-explanatory.

Article 44

Self-explanatory.

Article 45

Self-explanatory.

Article 46

Self-explanatory.

Article 47

Self-explanatory.

Article 48

Self-explanatory.

Article 49

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

What is meant by "Food distribution structure" is anything that can be used as a tool to smooth the distribution of Food.

In the framework to improve the physical and economic affordability of the Food, the provision and development of Food distribution structure is prioritize to remote, underdeveloped, and not affordable communities such as sea freight, land, and air.

What is meant by "Food distribution infrastructure" is everything that is the main supporting to improve the smooth distribution of Food such as warehouses, ports, and roads.

Paragraph (4)

Self-explanatory.

Article 50

Self-explanatory.

Article 51

Paragraph (1)

Self-explanatory.

Paragraph (2)

Letter a

What is meant by "Basic Food supply stabilization" is an effort of the Government to maintain the availability Basic Food, such as through the Government Food Reserves.

What is meant by "Basic Food price stabilization" is an effort of the Government to maintain price stability of Basic Food, such as through the operation of the market, tariff, import quotas, Food Assistance, and/or distribution of Food subsidy for certain communities.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Article 52

Self-explanatory.

Article 53

What is meant by "hoarding" is saving exceeds the maximum allowed for the purpose of obtaining benefits that resulted Basic Food prices to be expensive and/or soar.

Article 54

Self-explanatory.

Article 55

Self-explanatory.

Article 56

Self-explanatory.

Article 57

Self-explanatory.

Article 58

Self-explanatory.

Article 59

Letter a

What is meant by "Nutritional adequacy rate" is the amount of nutrient substances needed by individuals in a population to become healthy, active, and productive life.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Article 60

Self-explanatory.

Article 61

Self-explanatory.

Article 62

Achieving value of composition pattern of balanced Food and Nutrition such as measured based on the nutrient balance guidelines.

Article 63

Paragraph (1)

What is meant by "Nutrition status" is a condition caused by the body's balance between nutrient supplies and needs. The balance can be seen from the growth variables, they are weight, height/body length, head circumference, arm circumference, and limb length.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 64

Paragraph (1)

What is meant by "certain Processed Food" is a Food Preparations for consumption for certain groups, for example, infant formula, Food destined pregnant or breast feeding, special Food for people with a particular disease, or other Processed Food that has a major influence on the development of human health quality.

Paragraph (2)

Self-explanatory.

Article 65

Self-explanatory.

Article 66

Self-explanatory.

Article 67

Self-explanatory.

Article 68

Paragraph (1)

What is meant by "Food chain" is a sequence of stages and operations in the production, processing, distribution, storage, and handling of a Food and raw materials from production to consumption, including materials relating to Food up to Food ready to eat.

What is meant by "in integrated" is the implementation of Food safety should be implemented in an integrated and synergized by all stakeholders at every chain of Food.

Paragraph (2)

Determination of Food Safety norms, standards, procedures, and criteria conducted, such as based on risk analysis. Risk analysis is the process of decision making in a systematic and transparent manner based on scientific information that includes risk management, risk assessment, and risk communication.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 69

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Self-explanatory.

Letter e

Self-explanatory.

Letter f

Food Safety and Food Quality Assurance is given to Farmers, Fishermen, Cultivation Fishermen, and Food Business Actors conducting quality assurance system. Quality assurance system is an effort to produce a safe and quality Food commonly that is held since the beginning of the Food Production up to ready to be traded.

Letter g

Self-explanatory.

Article 70

Self-explanatory.

Article 71

Paragraph (1)

Self-explanatory.

Paragraph (2)

Letter a

Understanding Sanitation Requirements include understanding the hygienic requirements.

Letter b

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 72

Self-explanatory.

Article 73

Food characteristics such as the flavor and color of Food.

Article 74

Self-explanatory.

Article 75

Paragraph (1)

Letter a

The use of Food additive materials in the Food products that has no risk to human health can be justified by common use. However, the use of Food additives that exceed the maximum limit is not justified because the lost or harm to human health.

Letter b

Self-explanatory.

Paragraph (2)

Self-explanatory.

Article 76

Self-explanatory.

Article 77

Paragraph (1)

Self-explanatory.

Paragraph (2)

What is meant by "raw materials" are the main ingredient used in the Food Production activities or processes, which may include raw materials, semi-finished, or finished materials.

What is meant by "other materials" are materials that do not include raw materials and Food additive materials.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 78

Self-explanatory.

Article 79

Self-explanatory.

Article 80

Self-explanatory.

Article 81

Self-explanatory.

Article 82

Self-explanatory.

Article 83

Self-explanatory.

Article 84

Paragraph (1)

What is meant by "the end of the Food packaging" is packaging used to package products Food on the final stage of the production process or activity that is ready to be traded.

Paragraph (2)

Self-explanatory.

Article 85

Self-explanatory.

Article 86

Paragraph (1)

What is meant by "standards of Food Safety and Food Quality" is a specification or technical requirements that are standardized on Food Safety and Food Quality, for example, the shape, color, taste, odor, or the composition of which is based on certain criteria in accordance with the development of science and technology and other related aspects. Food Safety and Food Quality Standards include Processed Food and Fresh Food.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Paragraph (6)

Self-explanatory.

Article 87

Self-explanatory.

Article 88

Self-explanatory.

Article 89

Self-explanatory.

Article 90

Self-explanatory.

Article 91

Paragraph (1)

Self-explanatory.

Paragraph (2)

What is meant by "certain Processed Food" is a processed food made by the Food home industry, the Food industry that has a place of business in a residence with processing of equipment is manually to semi automatic.

Paragraph (3)

Self-explanatory.

Article 92

Paragraph (1)

Control and prevention conducted such as by setting a limit of maximum allowable contaminant.

Paragraph (2)

Self-explanatory.

Article 93

Self-explanatory.

Article 94

Self-explanatory.

Article 95

Self-explanatory.

Article 96

Self-explanatory.

Article 97

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Letter a

Self-explanatory.

Letter b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Self-explanatory.

Letter e

Self-explanatory.

Letter f

Self-explanatory.

Letter g

Self-explanatory.

Letter h

Self-explanatory.

Letter i

What is meant by "information on the origin of Food materials" is an explanation of the origin of certain material information, such as ingredients are sourced, contained, or derived from animal or Food produced through a special process, such as Genetically Engineered Food or Food Irradiation.

Paragraph (4)

Self-explanatory.

Article 98

Self-explanatory.

Article 99

Self-explanatory.

Article 100

Self-explanatory.

Article 101

Self-explanatory.

Article 102

Self-explanatory.

Article 103

Self-explanatory.

Article 104

Self-explanatory.

Article 105

Self-explanatory.

Article 106

Self-explanatory.

Article 107

Self-explanatory.

Article 108

Self-explanatory.

Article 109

Self-explanatory.

Article 110

Self-explanatory.

Article 111

Self-explanatory.

Article 112

Self-explanatory.

Article 113

Self-explanatory.

Article 114

Self-explanatory.

Article 115

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

What is meant by "relating with the state interest" is information that may dangerous to the state relating to the National Food Reserves, business protection from unfair competition, and/or the requested that are not controlled or documented.

Article 116

Self-explanatory.

Article 117

Self-explanatory.

Article 118

Self-explanatory.

Article 119

Self-explanatory.

Article 120

Self-explanatory.

Article 121

Self-explanatory.

Article 122

Self-explanatory.

Article 123

Paragraph (1)

The foreigner Person in this provision, such as foreign universities, foreign research and development institutes, foreign business entities, and/or foreign individuals.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 124

Self-explanatory.

Article 125

What is meant by "superior technology" is a technology that can support increased production, productivity, availability, and diversity of Food and Nutrition, efficiency, competitiveness, and businesses of Food.

Article 126

Self-explanatory.

Article 127

Self-explanatory.

Article 128

Self-explanatory.

Article 129

Self-explanatory.

Article 130

Self-explanatory.

Article 131

Self-explanatory.

Article 132

Self-explanatory.

Article 133

Self-explanatory.

Article 134

Self-explanatory.

Article 135

Self-explanatory.

Article 136

Self-explanatory.

Article 137

Self-explanatory.

Article 138

Self-explanatory.

Article 139

Self-explanatory.

Article 140

Self-explanatory.

Article 141

Self-explanatory.

Article 142

Self-explanatory.

Article 143

Self-explanatory.

Article 144

Self-explanatory.

Article 145

Self-explanatory.

Article 146

Self-explanatory.

Article 147

Self-explanatory.

Article 148

Self-explanatory.

Article 149

Self-explanatory.

Article 150

Self-explanatory.

Article 151

Self-explanatory.

Article 152

Self-explanatory.

Article 153

Self-explanatory.

Article 154

Self-explanatory.

SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA NUMBER 5360