REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
No. 28 OF 2004

CONCERNING
FOOD SAFETY, QUALITY AND NUTRITION

BY GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA

Attachment

Considering:

a. that safe, quality and nutritious food plays an essential role in the growth, maintenance and improvement of health status and for improving the people's intelligence;

b. that the people should be protected from food that may impair and/or risk their health;

c. that based on above mentioned, and in order to implement the provisions of Law No. 7/1996 concerning Food, it is deemed necessary to establish a Governmental Regulation concerning Food Safety, Quality and Nutrition;

In view of:

1. Article 5 paragraph (2) of the 1945 Constitution as amended by the Fourth Amendment to the 1945 Constitution;

2. Law No. 6/1967 concerning the Main Provisions of Animal Husbandry and Animal Health (Statute Book of the Republic of Indonesia No. 10/1967, Supplement to Statute Book No. 3102);

3. Law No. 4/1984 concerning Epidemic of Contagious Diseases (Statute Book of the Republic of Indonesia No. 20/1984, Supplement to Statute Book No. 3273);

4. Law No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book No. 3274);

5. Law No. 9/1985 concerning Fisheries (Statute Book of the Republic of Indonesia No. 46/1985, Supplement to Statute Book No. 3299);

6. Law No. 12/1992 concerning Plant Cultivation System (Statute Book of the Republic of Indonesia No. 46/1992, Supplement to Statute Book No. 3478);

7. Law No. 16/1992 concerning Fish, Animal and Plant Quarantine (Statute Book of the Republic of Indonesia No. 56/1992, Supplement to Statute Book No. 3482);

8. Law No. 23/1992 concerning Health (Statute Book of the Republic of Indonesia No. 100/1992, Supplement to Statute Book No. 3495);

9. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book No. 3564);

10. Law No. 10/1995 concerning Excise (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book No. 3612);

11. Law No. 7/1996 concerning Food (Statute Book of the Republic of Indonesia No. 99/1996, Supplement to Statute Book No. 3656);

12. Law No. 10/1997 concerning Nuclear Energy (Statute Book of the Republic of Indonesia No. 23/1997, Supplement to Statute Book No. 3676);

13. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book No. 3821);

14. Law No. 22/1999 concerning Regional Governments (Statute Book of the Republic of Indonesia No. 60/1999, Supplement to Statute Book No. 3839);

15. Governmental Regulation No. 22/1983 concerning Veterinary Public's Health (Statute Book of the Republic of Indonesia No. 28/1983, Supplement to Statute Book No. 3253);

16. Governmental Regulation No. 17/1986 concerning Authority of Industrial Arrangement, Guidance and Development (Statute Book of the Republic of Indonesia No. 23/1986, Supplement to Statute Book No. 3330);

17. Governmental Regulation No. 69/1999 concerning Food Labeling and Advertisements (Statute Book of the Republic of Indonesia No. 131/1999, Supplement to Statute Book No. 3867);

18. Governmental Regulation No. 25/2000 concerning Government Authority and Provincial Authority as Autonomous Regions (Statute Book of the Republic of Indonesia No. 54/2000, Supplement to Statute Book No. 3952);

19. Governmental Regulation No. 102/2000 concerning Indonesian National Standardization (Statute Book of the Republic of Indonesia No. 199/2000, Supplement to Statute Book No. 4020);

HAS DECIDED:

To stipulate:

GOVERNMENTAL REGULATION CONCERNING FOOD SAFETY, QUALITY AND NUTRITION.

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Government Regulation:

1. "Food" refers to anything originating from biological and water sources, either processed or unprocessed, designated as food or beverage for human consumption, including food additives, food raw materials and other materials used in the process of preparing, processing and/or making food or beverage.

2. "Fresh food" refers to unprocessed food that may be readily consumed and/or become a raw material for food processing.

3. "Processed food" refers to food or beverage that is processed in a certain way or method with or without food additives.

4. "Certain processed food" refers to processed food for consumption of a certain group in an effort to maintain and improve the health quality of the group.

5. "Food system" refers to anything in connection with the arrangement, guidance and/or control over food production activity or process and food distribution until it is ready for human consumption.

6. "Ready-to-serve food" refers to processed food and/or beverage that is ready to be served at the business venue or outside the business venue based on order.

7. "Food safety" refers to the condition and effort that are required to prevent food from possible biological and chemical contamination as well as other objects that may disturb, impair and endanger human health.

8. "Food safety requirements" refers to the standard and other provisions that should be met in order to prevent food from possible hazards, due to biological and chemical contamination as well as other objects that may disturb, impair and endanger human health.

9. "Food sanitation" refers to the effort for preventing the possible growth and development of rotting microorganisms and pathogens in food, beverage, equipment and buildings that may rot food and become harmful to humans.

10. "Sanitation requirements" refers to the standard hygiene and health that should be met as an effort to kill or prevent pathogenic microorganisms from living and to reduce the number of other microorganisms, so that the food produced and consumed does not risk human health and lives.

11. "Food production" refers to the activity or process to produce, prepare, process, make, preserve, package, repackage and/or change the form of the food.

12. "Food distribution" refers to any activity or a series of activities in the framework of distributing food to people either for trade or non-trade purposes.

13. "Food trade" refers to any activity or a series of activities in the framework of sales and/or purchases of food, including any offer to sell food, and other activities in connection with food transfer for any repayment.

14. "Food storage" refers to the process, method and/or activity to store food either at the production or distribution facilities.

15. "Food transportation" refers to any activity or a series of activities in the framework of transporting food from one place to another by means of or using any transportation means in the framework of food production, distribution and/or trade.

16. "Food home industry" refers to any food company that uses its residence as a business venue with manual up to semi-automatic food processing equipment.

17. "Food additives" refers to any materials added to food in order to affect the nature and form of the food.

18. "Food derived from genetically modified product" refers to food produced or using any raw materials, food additives and/or any other materials that are produced from genetically modified process.

19. "Food irradiation" refers to the food radiation method using either radioactive substances or an accelerator to prevent spoilage and decompose and to eliminate food from pathogenic microorganisms.

20. "Food packaging" refers to any materials used to package and/or wrap food, including the materials directly or indirectly contact with food.

21. "Food quality" refers to the value determined on the basis of the criteria of food safety, nutrition content, and trade standard on food materials, food and beverage.

22. "Standard" refers to standardized technical specifications or requirements, including the procedures and methods formulated on the basis of consensus of all relevant parties, complying with the requirements of security, safety, health, environment, development of science and technology, and experiences in the present as well as future developments in order to benefit as much as possible.

23. "Food nutrition" refers to any substances or chemical compounds found in food, consisting of carbohydrate, protein, fat, vitamin and mineral as well as their derivatives that are useful for human growth and health.

24. "Food quality certification" refers to the series of activities for issuing the certificates for food that has met the established requirements.

25. "A food quality certificate" refers to a written warranty issued by an accredited certifying body/laboratory, stating that the food has met certain criteria in the relevant food quality standard.

26. "Any person" refers to any individual or a business entity, either in the form of a legal entity or otherwise.

27. "Agency" refers to the agency responsible for drug and food control.

CHAPTER II
FOOD SAFETY

Part One
Sanitation

Article 2

(1) Any person who is responsible for administering the activities on the food chain that includes food production, storage, transportation and distribution shall meet the sanitation requirements in compliance with the prevailing legislation.

(2) The sanitation requirements as contemplated in paragraph (1) shall be regulated further by the Minister who is responsible for the field of health, which includes among others:

Article 3

The sanitation requirements in all the food chain shall be met by applying good practices guidelines that include:

Article 4

(1) Good Agricultural Practices as contemplated in Article 3 letter a shall be the Agricultural Practices that comply with food safety aspects, among others by:

(2) Good Agricultural practices guideline as contemplated in paragraph (1) shall be set forth by the Minister who is responsible for agriculture, fishery or forestry in accordance with their respective duty and authority.

Article 5

(1) Guideline for Good Fresh Food Practices as contemplated in Article 3 letter b shall be the handling practices that comply with food safety aspects, among others by:

(2) Good Fresh Food Production Practices Guidelines as contemplated in paragraph (1) shall be set forth by the Minister who is responsible for agriculture and fishery in accordance with their respective duty and authority.

Article 6

(1) Guideline for Good Processed Food Manufacturing Practices as contemplated in Article 3 letter c shall be the production practices that comply with food safety aspects, among others by:

(2) Good Food Manufacturing Practices as contemplated in paragraph (1) shall be set forth by the Minister who is responsible for industry or fishery in accordance with their respective duty and authority.

(3) Good Food Manufacturing Practices as contemplated in paragraph (1) for certain processed food shall be set forth by the Head of the Agency.

Article 7

(1) Guideline for Good Food Distribution Practices as contemplated in Article 3 letter d shall be the distribution practices that comply with food safety aspects, among others by:

(2) Guideline for Good Food Distribution Practices as contemplated in paragraph (1) shall be set forth by the Minister who is responsible industry, agriculture or fishery in accordance with their respective duties and authority.

Article 8

(1) Guideline for Good Food Retail Practice as contemplated in Article 3 letter e shall be the retail practices that comply with food safety aspects, among others by:

(2) Good Food Retail Practice as contemplated in paragraph (1) shall be set forth by the Head of the Agency in accordance with the prevailing legislation.

Article 9

(1) Guideline for Good Ready-to-Serve Food Production Practice as contemplated in Article 3 letter f shall be the production practices that comply with food safety aspects, among others by:

(2) Good Production Practice for Food Ready-to-Serve as contemplated in paragraph (1) shall be set forth by the Minister who is responsible for health.

Article 10

The Minister who is responsible for agriculture, fishery, forestry, industry, health or the Head of the Agency, in accordance with their respective duty and authority, set forth good practices as contemplated in Article 3 to be applied obligatorily.

Part Two
Food Additives

Article 11

(1) Any person who produces food to be distributed shall be prohibited from using anything as a food additive that is declared prohibited.

(2) The prohibited material as contemplated in paragraph (1) shall be determined by the Head of the Agency.

Article 12

(1) Any person who produces food using any food additives to be distributed shall use food additives that are allowed.

(2) The names and types of food additives that are allowed, the purposes of using and the maximum limit of using such materials according to food category as contemplated in paragraph (1) shall be determined by the Head of the Agency.

Article 13

(1) The security of the materials to be used as food additives, the impacts of which on human health are unspecified, shall be examined beforehand, and such materials may be used in the food production activity and process after they are approved by the Head of the Agency.

(2) The requirements and procedures for approval as contemplated in paragraph (1) shall be set forth by the Head of the Agency.

Part Three
Genetically Modified Food Product

Article 14

(1) Any person who produces food or uses raw materials, food additives and/or any other processing aid in the activity or process of producing food obtained from genetically modified process shall have the safety of such food examined prior to distribution.

(2) The examination of the safety of such genetically modified food as contemplated in paragraph (1) shall include:

(3) The examination of such a genetically modified food product as contemplated in paragraph (1) shall be conducted by the commission that deals with the food safety of genetically modified products.

(4) The requirements and procedures for the genetically modified food product safety examination as contemplated in paragraph (3) shall be set forth by the commission that deals with the genetically modified products.

(5) The Head of the Agency shall determine the raw materials, the food additives and/or any other processing aid that are obtained from any genetically modifying process and declared safe as food, complying with the recommendation of the commission that deals with the food safety of genetically modified food.

Part Four
Food Irradiation

Article 15

(1) The irradiation facilities that are used in the activity or process of producing the food to be distributed shall obtain the license for using nuclear energy and registered with the Head of the agency that is responsible for nuclear energy control.

(2) Any food that is produced by using any irradiation techniques and/or methods to be distributed shall meet the irradiation food procedures set forth by the Head of the Agency.

Part Five
Food Packaging

Article 16

(1) Any person who produces food to be distributed shall be prohibited from using any food packaging materials whatsoever that are declared prohibited and/or any materials that may release contamination that impairs or risks human health.

(2) The materials prohibited from use as food packaging as contemplated in paragraph (1) shall be determined by the Head of the Agency.

Article 17

(1) Any person who produces food to be distributed shall use permitted packaging materials.

(2) The permitted packaging materials as contemplated in paragraph (1) shall be determined by the Head of the Agency.

Article 18

(1) Other materials than those contemplated in Article 16 paragraph (2) and Article 17 paragraph (2) shall only be used as food packaging materials after the safety of which is examined and approved by the Head of the Agency.

(2) The requirements and procedures for approval as contemplated in paragraph (1) shall be set forth by the Head of the Agency.

Article 19

(1) Any person who produces food to be distributed shall package such food appropriately to prevent it from contamination.

(2) The appropriate food packaging procedures as contemplated in paragraph (1) shall be set forth by the Head of the Agency.

Article 20

(1) No person shall be allowed to uncover the food's final packaging for repackaging and trading.

(2) The provision as contemplated in paragraph (1) shall not apply to food procured in large amounts and customarily repackaged in smaller amounts for further trading.

(3) Any person who repackages the food as contemplated in paragraph (2) shall package it appropriately to prevent it from contamination.

Part Six
Food Quality Assurance and Laboratory Testing

Article 21

(1) Any person who produces food for trade shall be responsible for implementing the quality assurance system according to the type of food produced.

(2) The Minister who is responsible for agriculture, fishery, forestry, industry, health or the Head of the Agency shall be authorized to require the application of other standards or requirements in respect of the quality assurance system as contemplated in paragraph (1) in accordance with their respective duties.

(3) The establishment of other standards or requirements as contemplated in paragraph (2) may be carried out in phases in compliance with the preparedness and needs of the food system.

(4) In establishing the other standards and requirements as contemplated in paragraph (3), the Ministers who are responsible for agriculture, fishery, forestry, industry, health or the Head of the Agency shall comply with the TBT/SPS WTO agreement or other agreements that have been ratified by the Government.

Article 22

(1) The Minister who is responsible for agriculture or fishery shall, in accordance with their respective duty and authority, be authorized to establish the types of fresh food that shall be tested in the laboratory prior to distribution.

(2) The Head of the Agency shall be authorized to determine the types of processed food that should be examined in the laboratory prior to distribution.

(3) The laboratory testing as contemplated in paragraphs (1) and (2) shall be carried out in government laboratories or any laboratories accredited by the National Accreditation Committee or any Accreditation Institutions acknowledged by the National Accreditation Committee.

(4) The establishment and application of laboratory testing requirements as contemplated in paragraphs (1) and (2) shall be carried out in phases in compliance with the preparedness and needs of the food system.

Part Seven
Contaminated Food

Article 23

No person shall be allowed to distribute:

Article 24

(1) The Minister who is responsible for agriculture, fishery or the Head of the Agency shall:

(2) The provisions as contemplated in paragraph (1) for fresh food shall be set forth by the Minister who is responsible for the field of agriculture or fisheries.

(3) The provisions as contemplated in paragraph (1) for processed food shall be set forth by the Head of the Agency.

Article 25

(1) Any person who is knowledgeable of any food poisoning as the consequence of contamination shall report the same to the nearest healthcare unit.

(2) The healthcare unit as contemplated in paragraph (1) shall immediately provide the victim(s) with medical first aids.

(3) If, according to the healthcare unit as contemplated in paragraph (2), there are indications of food borne disease outbreaks, the healthcare unit shall immediately seize the sample of the food suspected to have been the cause of such poisoning and report to the Regency/Municipality office that is responsible for the field of health and to the Agency.

(4) Based on the result of the report as contemplated in paragraph (3), the Agency shall perform laboratory inspection/ investigation and laboratory testing of the food sample in order to determine the cause(s) of such food poisoning.

(5) The Regency/Municipality office responsible for the field of health that receives the report as contemplated in paragraph (3) shall assess the report and specify the food poisoning cases as food borne diseases outbreak.

(6) The Regency/Municipality office responsible for health as contemplated in paragraph (5) shall investigate and address such food poisoning outbreak, and report to the Provincial office responsible for the field of health and to the Agency.

Article 26

(1) If, the food borne diseases outbreak occur across Regencies/Municipality or if there are requests from the Regency/Municipality Governments, the Provincial Government shall investigate and address such food borne diseases outbreak.

(2) If, the food borne diseases outbreak occur across Provinces or if there are requests from the Provincial Governments, the Central Government shall investigate and address such food borne diseases outbreak.

Article 27

If, based on the food borne diseases outbreak investigation results, the food poisoning is suspected to be a criminal act, investigations shall immediately be launched by the Board's Civil Servant Investigators and/or any investigators based on the prevailing legislation.

Article 28

(1) Further provisions on the medical first aids for the victims, the taking of specimens, specimen examination and reporting on the food poisoning outbreaks shall be set forth by the Minister who is responsible for health.

(2) The procedures for taking food samples, laboratory testing and reporting on the cause(s) of such poisoning shall be set forth by the Head of the Agency.

CHAPTER III
FOOD QUALITY AND NUTRITION

Part One
Food Quality

Article 29

The Head of the Agency who is responsible for the field of national standardization shall set forth the food quality standard, which is declared as the Indonesian National Standard, in accordance with the prevailing legislation.

Article 30

(1) The Indonesian National Standard as contemplated in Article 29 may be imposed compulsorily, taking into account the people's security, safety and health or the environmental sustainability and/or that economic considerations shall meet certain quality standards.

(2) The compulsory imposition of the Indonesian National Standard as contemplated in paragraph (1) shall be carried out by the Minister who is responsible for industry, agriculture, fishery or the Head of the Agency in accordance with their respective duties and authority in coordination with the Head of the agency who is responsible for national standardization.

(3) Any matters in connection with application and evaluation of the appropriateness of the Indonesian National Standard that is imposed compulsorily shall, as contemplated in paragraph (2), be carried out in accordance with the prevailing legislation.

(4) Any person who produces or distributes the types of food as contemplated in paragraph (1) shall meet the Indonesian National Standard in accordance with the prevailing legislation.

Article 31

The Minister who is responsible for agriculture, fishery or the Head of the Agency may, in accordance with their respective duties and authority, set forth the provisions on food quality outside the Indonesian National Standard as contemplated in Article 29 for food that is highly risky in terms of food security.

Part Two
Food Quality Certification

Article 32

(1) Certification and characterization that state food appropriateness in respect of the Indonesian National Standard as contemplated in Article 29 shall be carried out in accordance with the prevailing legislation.

(2) The Minister who is responsible for agriculture, fishery or the Head of the Agency shall, in accordance with their respective duty and authority, set forth the requirements and procedures for the quality of food that is highly risky in terms of food safety as contemplated in Article 31.

(3) Certification as contemplated in paragraph (1) in terms of the Indonesian National Standard that is imposed compulsorily or in respect of the quality requirements as contemplated in Article 31 shall constitute part of the food control prior to distribution.

Part Three
Food Nutrition

Article 33

(1) The Minister who is responsible for health shall set forth the standard of community's nutrition status.

(2) The Minister who is responsible for health, agriculture, fishery, industry or the Head of the Agency shall, in accordance with their respective duties and authority, undertake to meet the nutrition adequacy, protect the people from malnutrition, and supervise them as an effort to improve their nutrition status.

(3) The Minister who is responsible for health, agriculture, fishery, industry or the Head of the Agency together with the Provincial, Regency/municipality Governments and the people shall deal with occurrences of people's malnutrition that does not meet the standard of their nutrition status as contemplated in paragraph (1).

Article 34

The Minister who is responsible for health shall set forth the Dietary Allowance that shall be reviewed periodically.

Article 35

(1) Should malnutrition occur and/or the people's nutrition status decline, efforts shall be made to improve nutrition by means of enrichment and/or fortification of certain food in distribution.

(2) The Minister who is responsible for health shall determine the types and quantities of nutrients to be added and the types of food, the nutrition value of which may be added, by means of enrichment or fortification.

(3) The Minister who is responsible for industry shall determine the types of food that should be enriched and/or fortified as contemplated in paragraph (2) and set forth the procedures for enriching and/or fortifying the nutrition of certain food as contemplated in paragraph (1).

(4) Any person who produces food that should be enriched and/or fortified for circulation shall meet the provisions and procedures for enriching and/or fortifying the nutrition as contemplated in paragraph (3).

(5) The food as contemplated in paragraph (4) shall have the registration approval from the Head of the Agency.

CHAPTER IV
FOOD IMPORTATION AND EXPORTATION INTO AND OUT OF INDONESIAN TERRITORIES

Part One
Food Importation into Indonesian Territories

Article 36

Any food imported into Indonesian territories for distribution shall comply with the provisions of the prevailing legislation in the fields of food safety, quality and nutrition as well as the provisions of any effective legislation.

Article 37

(1) In respect of any fresh food to be imported into Indonesian territories for distribution, the Minister who is responsible for agriculture or fishery may, in accordance with their respective duty and authority, set forth the requirements that:

(2) In respect of processed food to be imported into Indonesian territories for distribution, the Head of the Agency may set forth the requirements that:

(3) In setting forth the requirements as contemplated in paragraphs (1) and (2), the Ministers or the Head of the Agency shall comply with the TBT/SPS WTO agreement or any agreements that have been ratified by the Government.

Article 38

(1) In respect of food imported into Indonesian territories, which shall be tested and/or inspected, as contemplated in Article 37 paragraph (1) letter c, such food may only be released from the customs and excise after obtaining the food importation approval issued by the Minister who is responsible for agriculture or fishery in accordance with their respective duty and authority.

(2) In respect of food imported into Indonesian territories, which shall be tested and/or inspected, as contemplated in Article 37 paragraph (2) letter c, such food may only be released from the customs and excise after obtaining the food importation approval issued by the Head of the Agency.

Article 39

Any person who imports food into Indonesian territories for distribution shall be responsible for the food safety, quality and nutrition.

Article 40

Further requirements on food importation into Indonesian territories for distribution shall be set forth by the Ministers who are responsible for agriculture, fishery, trade or the Head of the Agency in accordance with their respective duties and authority.

Part Two
Food Exportation from Indonesian Territories

Article 41

(1) Any food exported out of Indonesian territories shall meet the food safety requirements.

(2) The Minister who is responsible for agriculture, fishery or the Head of the Agency may, in accordance with their respective duties and authority, set forth the requirements, so that the food exported from Indonesian territories for distribution shall first have been tested and inspected in terms of its safety, quality, labeling requirements and/or nutrition.

(3) Any person who exports food out of Indonesian territories shall be responsible for the food safety, quality and nutrition.

(4) The Minister who is responsible for agriculture, fishery or the Head of the Agency shall coordinate with the Head of the agency who is responsible for national standardization to undertake mutual acknowledgement on the appropriateness of evaluation to meet the requirements of the destination country.

CHAPTER V
CONTROL AND SUPERVISION

Part One
Control

Article 42

(1) In the framework of food safety, quality and nutrition control, any processed food either produced domestically or imported into Indonesian territories for trade in retail packaging shall obtain the registration approval letter, prior to distribution.

(2) Any processed food that should possess the registration approval letter as contemplated in paragraph (1) shall be determined by the Head of the Agency.

(3) The registration approval letter as contemplated in paragraph (1) shall be issued by the Head of the Agency based on the processed food security, quality and nutrition evaluation results.

(4) The processed food safety, quality and nutrition evaluation as contemplated in paragraph (3) shall be carried out by the Head of the Agency in accordance with the criteria and procedures.

(5) The criteria and procedures as contemplated in paragraph (4) shall be set forth by the Head of the Agency with reference to the food safety, quality and nutrition requirements.

(6) The requirements and procedures for obtaining the registration approval letter as contemplated in paragraph (1) shall be set forth by the Head of the Agency.

Article 43

(1) Exempted from the provision as contemplated in Article 42 paragraph (1) shall be processed food produced by home industries.

(2) The processed food as contemplated in paragraph (1) shall possess a home industry food production certificate.

(3) The home industry food production certificate as contemplated in paragraph (2) shall be issued by the Regent/Mayor.

(4) The Head of the Agency shall set forth the guidelines for issuing such a home industry food production certificate as contemplated in paragraph (1), that includes among others:

Article 44

Processed food exempted from the obligation to possess a registration approval letter as contemplated in Article 42 or a home industry food production certificate as contemplated in Article 43 shall be the food that:

Article 45

(1) The Agency shall be authorized to control the safety, quality and nutrition of the food in distribution.

(2) In exercising the control function as contemplated in paragraph (1), the Agency shall be authorized to:

(3) The results of testing as contemplated in paragraph (2) point b:

Article 46

(1) The Governor or Regent/Mayor shall be authorized to conduct investigations if there are any allegations of violation against the law in the field of fresh food.

(2) The Head of the Agency shall be authorized to conduct investigations if there are any allegations of violation against the law in the field of processed food.

(3) The Regent/Mayor shall be authorized to conduct investigations if there are any allegations of violation against the law in the field of ready-toserve food and food processed by home industries.

(4) In exercising the investigation function as contemplated in paragraphs (1), (2) and (3), the Governor, Regent/Mayor or the Head of the Agency shall be authorized to:

(5) In the framework of implementing the investigations as contemplated in paragraphs (1), (2) and (3), the Governor, Regent/Mayor or the Head of the Agency shall, in accordance with their respective duties and authority, appoint officials to conduct such investigations.

(6) The officials appointed to conduct such investigations as contemplated in paragraph (5) shall be armed with an instruction letter.

Article 47

(1) If, based on the results of the investigations as contemplated in Article 45 paragraph (3) and/or the results of the investigations as contemplated in Article 46, there are any violations, the Governor, Regent/Mayor of the Head of the Agency shall be authorized to take administrative measures.

(2) The administrative measures as contemplated in paragraph (1) shall include:

(3) The administrative measures as contemplated in paragraph (2) shall be imposed on the basis of the risks caused by the violations committed.

(4) The administrative measures as contemplated in paragraph (2) letter f shall be imposed by the officials issuing the relevant production licenses, business licenses, registration approvals or home industry food production certificates in accordance with their respective duties and authority.

Article 48

(1) Withdrawal and/or destruction of the food as contemplated in Article 47 shall be implemented by any person who produces or imports food into Indonesian territories and in accordance with the food withdrawal and destruction guidelines.

(2) Any party involved in food distribution shall assist in the food withdrawal and/or destruction as contemplated in paragraph (1).

(3) The food withdrawal and/or destruction as contemplated in paragraph (1) shall, in respect of fresh food, be implemented at the instruction of the Governor, Regent/Mayor in accordance with their respective duties and authority.

(4) The food withdrawal and/or destruction as contemplated in paragraph (1) shall, in respect of processed food, be implemented at the instruction of the Head of the Agency.

(5) The food withdrawal and/or destruction guidelines as contemplated in paragraph (1) shall be set forth by the Head of the Agency.

Article 49

If, based on the results of the investigations as contemplated in Article 46, it should be alleged that any criminal acts occur in the field of food, an investigation shall be launched by investigators based on the prevailing legislation.

Article 50

The Agency may announce to the public the testing and/or inspection results through the mass media.

Part Two
Supervision

Article 51

(1) Supervision of food producers shall be conducted by the Minister who is responsible for agriculture, fishery or forestry in accordance with their respective duties and authority.

(2) Supervision of processed food producers shall be conducted by the Minister who is responsible for industry, agriculture or fishery in accordance with their respective duties and authority.

(3) Supervision of certain processed food producers shall be conducted by the Head of the Agency.

(4) Supervision of ready-to-serve food and home industry food producers shall be conducted by the Regents/Mayors.

(5) Supervision of Regional Governments and people in the field of food control shall be conducted by the Head of the Agency.

CHAPTER VI
PUBLIC PARTICIPATION

Article 52

(1) In the framework of perfecting and improving food safety, quality and nutrition, community may put forward their problems, inputs and/or methods for solution in respect of the matters in the field of food.

(2) The delivery of problems, inputs and/or methods for solution as contemplated in paragraph (1) may be put forward directly or indirectly to the Minister who is responsible for agriculture, fishery, health, industry, the Head of the Agency, Governors or Regents/Mayors in accordance with their respective duty and authority.

(3) The procedures for putting forward the problems, inputs and/or methods for solution as contemplated in paragraph (1) shall be in accordance with the provisions of the prevailing legislation.

CHAPTER VII
TRANSITIONAL PROVISIONS

Article 53

With the enactment of this Government Regulation, all the provisions on food safety, quality and nutrition regulated by the legislation under the Laws may still be effective insofar as they do not conflict with the provisions of this Government Regulation.

CHAPTER VIII
CLOSING PROVISIONS

Article 54

This Government Regulation shall be effective as of the date on which it is promulgated.

In order to be informed to everybody, it is instructed that the promulgation of this Government Regulation be included into the State Gazette of the Republic of Indonesia.

Established in Jakarta
on October 5, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed,
MEGAWATI SOEKARNOPUTRI


Exposition to The regulation of the government the Republic of Indonesia
No. 28 of 2004