to Indonesian
a. that the Food is a basic primary human need and the fulfillment is a part of human right that is guaranteed by Constitution of the Republic of Indonesia 1945 as basic component to realize quality human resources;
b. that the state is obliged to realize the availability, affordability, and consumer fulfillment of Food that is adequate, safe, high quality and nutritionally balanced, both at the national and local levels to individuals evenly across the territory of the Republic of Indonesia at all times by utilizing local resources, institutional, and culture;
c. that as a country with a large population and on the other side has a natural resources and diverse sources of Food, Indonesia is able to meet the needs of Food in the sovereign and independent manner;
d. that Law Number 7 of 1996 concerning Food is no longer relevant to the dynamic development of the external and internal conditions, democratization, decentralization, globalization, law enforcement, and some of the other regulations that are stipulated then needs to be replaced
e. that based on consideration as intended in paragraphs a, b, c, and d, it is necessary to determine Law concerning Food.
Article 20, Article 21, Article 28A, and Article 28C paragraph (1) of Constitution of the Republic of Indonesia 1945.
LAW CONCERNING FOOD
In this Law what is referred as:
1. Food is everything originating from biological sources of agriculture, plantation, forestry, fishery, husbandry, sea, and water products, whether processed or not, which is designated to be eaten and drunk for human consumption, including food additive materials, food raw materials and other materials used in the process of preparation, processing and/or the making of cattalos or beverages;
2. Food sovereignty is the right of the state and nation independently to determine the Food policy which guarantees the right on Food for the people and give right to the community to determine the Food system appropriate with the potential of local resources.
3. Food independence is the ability of the state and the nation in producing a wide range of Food domestically who can guarantee the fulfillment of enough Food until the level of an individual by using natural resources, human, social, economic, and wisdom with dignity.
4. Food Resilience is Food fulfillment condition for the state until to individually, which reflected from Food availability of sufficient quantity and quality, safe, diverse, nutritious, equitable, and affordable and does not conflict with religion, beliefs, and culture of the community in order to healthy, active, and productive life in sustainable.
5. Food safety is a necessary condition and an attempt to prevent the Food of possible biological, chemical, and other objects that may interfere, make risk, and harm to human health and not conflict with religion, beliefs, and culture of the community so it is safe for consumption.
6. Food Production is an activity or process of producing, preparing, processing, making, preserving, packing, repackaging, and/or changing the form of food.
7. Food availability is a condition of the availability of Food from domestic production and import, and the National Food Reserve if the two main sources can not meet the needs.
8. National Food Reserves are Food supplies in all the territory of the Republic of Indonesia for human consumption and to tackle Food shortages, supply and price disruptions, as well as emergency conditions.
9. Government Food reserves are Food supplies controlled and managed by the Government.
10. Provincial Government Food reserves are Food supplies controlled and managed by the provincial government.
11. Regency/municipality Government Food reserves are Food supplies controlled and managed by the regency/municipality government.
12. Village Government Food reserves are Food supplies controlled and managed by the village government.
13. Community Food reserves are Food supplies controlled and managed by the community at the trader, group, and home level.
14. Food Management is the planning, execution, and monitoring in the supply, affordability, consumer fulfillment Food and Nutrition, and Food safety by involving the community in a coordinated and integrated manner.
15. Basic Food is Food intended as a main daily food in accordance with the potential resources and local wisdom.
16. Food diversification is an effort to increase the availability and consumption of Food diverse, nutritionally balanced, and based on the potential of local resources.
17. Local food is food that is consumed by local community in accordance with the local potential and wisdom.
18. Fresh Food is Food that has not undergone processing that can be consumed directly and/or which may become materials for processing Food.
19. Processed food is food or beverage process results by means of specific methods with or without additives materials.
20. Farmers are Indonesian citizens, individuals and their families who do farming in the field of Food.
21. Fishermen are Indonesian nationals, both individuals and their families whose livelihoods are catching fishes.
22. Cultivation fishermen are Indonesian citizens, individuals and their families whose livelihoods raising, breeding, and/or maintain fish and other aquatic biological resources and harvest the results in a controlled environment.
23. Food trade is an activity or series of activities in the framework to sale and/or purchase of Food, including an offer to sell Food and other activities related to the transfer of Food to earn compensation.
24. Export of Food is activities to release Food from the customs area of the Republic of Indonesia, which covers land, sea, and air space above it, certain places in the Exclusive Economic Zone and continental shelf.
25. Import of Food is activities to enter Food into the customs area of the Republic of Indonesia, which covers land, sea, and air space above it, certain places in the Exclusive Economic Zone and continental shelf.
26. Food Distribution is an activity or series of activities in the framework to circulate Food to the community, whether traded or not.
27. Food aid is a Basic Food and other Food Aid provided by the Government, Local Government, and/or the community to solve Food Problem and Food crisis, to improve access Food access for the poor and/or Food and Nutrition vulnerable community, and international cooperation.
28. Food problem is the state of shortages, overages, and/or the inability of an individual or household to meet the Food and Food Safety needs
29. Food Crisis is a scarcity condition experienced by most community in the region caused by such as the difficulty of Food distribution, climate change, natural and the environment disasters, and social conflict, including war.
30. Food Sanitation is an effort to create and maintain a healthy and hygienic Food that is free from the danger of biological, chemical, and other objects.
31. Sanitation requirements are cleanliness and health standards that must be met to ensure the Food Sanitation.
32. Food irradiation is a method of handling Food, either by using a radioactive substance or an accelerator to prevent decay and damage, freeing Food from pathogenic microorganisms, and prevent the growth of shoots.
33. Genetic Engineered Food is a process that involves the transfer of genes (the nature carrier) of a biological type to a different type of biological or together to obtain a new type that is able to produce a superior Food product.
34. Genetic Engineered Food Products are foods produced by using raw materials, Food additives materials, and/or other materials resulting from the of genetic engineered process.
35. Food packaging is the material that is used as Food place and/or wrap, either in direct contact with Food or not.
36. Food quality is the value determined on the basis of safety criteria and content of Nutrition Food.
37. Nutrition is a substance or compound contained in the Food consisting of carbohydrates, proteins, fats, vitamins, minerals, fiber, water, and other components that are beneficial to growth and human health.
38. Each Person is an individual or a corporation, whether incorporated or not incorporated.
39. Food Business Actor is Each Person that is engaged in one or more subsystems of Food agribusiness, the provider of production inputs, production, processing, marketing, trading, and support.
40. Central Government hereinafter called the Government is the President of the Republic of Indonesia, which holds the power of the Government of the Republic of Indonesia as intended in the Constitution of the Republic of Indonesia of 1945.
41. Local Government is the governor, regent or mayor, and the official elements of the regional governmental administration.
Food Management is done based on the principles of:
Food Management conducted to meet basic human needs that provide benefits in a fair, equitable, and sustainable based on Food Sovereignty, Food Independence, and Food Resilience.
Food Management aims to:
Scope of Food Management include:
Food Planning is done to design Food Management to the Food Sovereignty, Food Independence, and Food Resilience.
Food Planning must consider:
(1) Food Planning must be integrated into national development planning and local development planning.
(2) Food Planning as intended in paragraph (1) conducted by the Government and/or Local Government by involving the community.
(3) Food Planning as intended in paragraph (2) arranged at the national, provincial, and regency/municipality levels.
(4) Food Planning is determined in the long term development planning, medium term development planning and annual work planning at the national, provincial and regency/municipality levels in accordance with provisions of regulations.
(1) Food Planning at national level is conducted by gives attention to the national development planning and the needs and proposal of the province.
(2) Food Planning at provincial level is conducted by gives attention to provincial development planning and gives attention to the needs and proposal of the regency/municipality and conducted based on the national Food planning.
(3) Food Planning at the regency/municipality level is conducted by gives attention to regency/municipality development planning and provincial Food planning and conducted based on the national Food planning.
(1) Food Planning is manifested in the form of the Food plan.
(2) Food Planning as intended in paragraph (1) shall consist of:
(3) Food Planning as intended in paragraph (2) shall be determined by the president, governor, or regent/mayor in accordance with provisions of regulations.
National Food Planning at least including:
(1) Government and Local Government are responsible for the Food availability.
(2) Government and Local Government are responsible for the Food availability in the region and the development of Local Food Production in the region.
(3) To implement Food Availability through the development of Local Food, Local Government determines kinds of local Food.
(4) Food Availability is realized to fulfill the need and consumption of Food for community, household, and individual in sustainable basis.
(5) To achieve Food Availability through domestic Food Production is done by:
(6) The Government shall establish Local Food Production center in accordance with the proposal of the Local Government.
Government is obliged to manage Basic Food supply and price stabilization, manage Government Basic Food Reserves, and distribution of Basic Food to achieve adequacy Basic Food that is safe and nutritious for the community.
(1) Food availability is sources from domestic Food Production and National Food Reserves.
(2) In case of Food availability as intended in paragraph (1) is not sufficient, Food can be fulfilled by the Import of Food as needed.
(1) The Government prioritizes domestic Food Production to fulfill Food consumption needs.
(2) In case of Food availability for Food consumption needs and reserves are adequate, excess of domestic Food Production can be used for other purposes.
(1) The Government, Local Government and the community develop the Food Production potential.
(2) Development of Food Production potential as intended in paragraph (1) is done by utilizing:
Government and Local Government protect and empower Farmers, Fishermen, Cultivation Fishermen, and Food Business Actor as Food producers.
Government and Local Government in fulfillment of Food needs have obligations:
Government and Local Government are obliged to develop and disseminate science and technology to increase Food Production.
Government and Local Government facilitate the use and development of structure and infrastructure in order to increase Food Production.
Government and Local Government develop community Food Institution to increase Food Production.
(1) Threat of Food Production is an event that can cause failure due to Food Production by:
(2) Government and Local Government are obliged to anticipate and cope with the threat of Food Production as intended in paragraph (1) with the help of technology and regulation.
(1) In order to realize Food Sovereignty, Food Independence, and Food Resilience, the Government set a National Food Reserve.
(2) National Food Reserves consist of:
National Food Reserves as intended in Article 23 to anticipate:
National Food Reserves can be used for international cooperation and Food Assistance abroad.
Government can develop a partnership with the Food Business Actors, colleges, and communities in the development of the National Food Reserve.
(1) In carrying out the National Food Reserve as intended in Article 23 paragraph (1), the Government set Government Food Reserves and Local Government Food Reserves.
(2) Government Food Reserves as intended in paragraph (1) preferably sourced from domestic Food Production.
(3) Local Government Food Reserves as intended in paragraph (1) shall consist of:
(1) The Government shall determine the type and amount of Basic Food specified as Government Food Reserves.
(2) Government Food Reserves as intended in paragraph (1) shall determine periodically by considering level of needs.
(3) Procurement of Government Food Reserves through purchases domestic Basic Food production, especially at harvest time.
(4) The provisions on the determination of the Government Food Reserves as intended in paragraph (1) and Procurement of Government Food Reserves as intended in paragraph (3) shall be governed by or based on Government Regulation.
(1) The provincial government, regency/municipality government, and/or the village government determine the type and amount of certain Food reserves in accordance with the needs of local community consumption.
(2) Food reserves of the provincial government, regency/municipality government, and village government as intended in paragraph (1) derived from domestic production.
(1) The conduct of procurement, management and distribution of Food Reserves Government.
(2) The Government Food Reserves as intended in paragraph (1) shall be coordinated with attention to of Village Government Food Reserves, Regency/Municipality Government Food Reserves, and Provincial Government Food Reserves.
(1) Distribution Government Food Reserves as intended in Article 30 paragraph (1) made to overcome:
(2) Distribution of Government Food Reserves with:
(3) In certain cases, as intended in Article 24, the Government has the right to regulate the distribution of Local Government Food Reserves.
(1) The Government tasked the government institutions working in the field of Food to manage Government Food Reserves in accordance with provisions of regulations.
(2) Government Institutional as intended in paragraph (1) is supported by the tools, networks, and infrastructure nationwide.
(3) In management of Food reserves, the Local Government may appoint regional institution and/or work with government institutions as intended in paragraph (1).
(1) Community has the right and opportunity as possible in an effort to realize the Community Food Reserves.
(2) Government and Local Government to facilitate the development of Community Food Reserves in accordance with local wisdom.
(1) Export of Food can be done by considering the needs of domestic Food consumption and the national interest.
(2) Export of Basic Food can only be done after the requirement for national Basic Food consumption and Food Reserves.
(1) Any person who exports Food is responsible for the Food safety, quality, and nutrition required by destination country.
(2) Export of Food as intended in paragraph (1) shall be in accordance with provisions of regulation.
(1) Import of Food can only be done if the domestic Food Production is insufficient and/or not be produced domestically.
(2) Import of Basic Food can only be done if the domestic Food Production and the National Food Reserve insufficient.
(3) Adequacy of domestic Basic Food Production and the Government Food Reserves established by minister or government agency that has the task of carrying out government duties in the field of Food.
(1) Import of Food being done to meet the needs of domestic consumption must meet the requirements of safety, quality, nutrition, and not conflict with community religion, beliefs, and culture.
(2) The provisions on the requirements as intended in paragraph (1) shall be governed by or based on Government Regulation.
Import of Food must meet the limit of expire and Food quality.
Government determines policies and regulations to Import of Food that does not negatively impact the sustainability of farming, increase production, welfare of Farmers, Fishermen, Cultivation Fishermen, and micro and small Businesses Actors.
Import of Food as intended in Article 36 up to Article 39 carried out in accordance with provisions of regulations.
Food diversification is an effort to increase the variety and availability Food based potential of local resources to:
Food diversification as intended in Article 41 carried out by:
Further provisions on Food diversification as intended in Article 41 and Article 42 shall be governed by or under the Government Regulation.
(1) Government and Local Government are obliged to take actions to tackle the Food Crisis.
(2) Actions as intended in paragraph (1) may be in the form:
(1) Determination of criteria and status of Food Crisis shall be made by Government and/or Local Government in accordance with the scale of crisis.
(2) Determination as intended in paragraph (1) carried out by:
(3) Further provisions on the establishment of criteria and status of Food Crisis as intended in paragraph (1) shall be governed by or based on Government Regulation.
(1) Government and Local Government are responsible in bringing Food affordability for community, households, and individuals.
(2) In achieving Food affordability as intended in paragraph (1), Government and Local Government implementing government policy in the fields of:
(1) Food Distribution made to meet the Food availability distribution to all parts of the Republic of Indonesia on an ongoing basis.
(2) Food Distribution as intended in paragraph (1) shall order the individual to obtain Food in sufficient quantity, safe, high quality, diverse, nutritious, and affordable.
(3) Government and Local Government are responsible for the distribution of Food within their authority.
(1) Food Distribution as intended in Article 47 be done through:
(2) Further provisions concerning the Food distribution as intended in paragraph (1) shall be governed by Government Regulation.
(1) Government and/or Local Government realize the smooth Food distribution with emphasis on transportation services effectively and efficiently in accordance with provisions of regulations.
(2) Government and/or Local Government give priority to the smooth loading and unloading of Food products.
(3) Government and/or Local Government shall provide Food distribution structure and infrastructure, especially the Basic Food.
(4) Government and Local Government are obliged to develop community Food distribution institution.
(1) Government and/or Local Government are obliged to provide guidance to parties that perform Food marketing.
(2) Guidance as intended in paragraph (1) is intended that each party has the ability to apply good marketing procedure.
(3) Government and/or Local Government conduct promotion to increase the use of Local Food products.
(4) Government and/or Local Government conduct promotion abroad to improve Food products marketing.
(1) The Government is obliged to regulate Food Trade.
(2) The setting of Food Trade as intended in paragraph (1) aims to:
(1) In the case of Food Trade, the Government set up mechanisms, procedures, and the maximum storage number of Basic Food by Food Business Actor.
(2) The provisions on the mechanisms, procedures, and the maximum number as intended in paragraph (1) shall be governed by or based on Government Regulation.
Food Business Actors forbidden to hoard or save Basic Food exceeds the maximum number as intended in Article 52.
(1) Food Business Actor who violates the provisions as intended in Article 53 shall be subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraph (1) and paragraph (2) are governed by Government Regulation.
(1) The Government is obliged to stabilize supply and price of Basic Food in producer and consumer levels.
(2) Supply and price stabilization of Basic Food as intended in paragraph (1) to protect the income and purchasing power of Farmers, Fishermen, Cultivation Fishermen and micro and small Food Business Actors and maintain consumer’s affordability to Basic Food.
Supply and price stabilization of Basic Food as intended in Article 55 is done through:
(1) Government may determine the area minimum price for Local Food is not determined by the Government.
(2) Determination of Local Food minimum price as intended in paragraph (1) shall be regulated by Local Regulation, the Governor Regulation, and/or Regent/Mayor Regulation.
(1) Government and Local Government is responsible for the provision and distribution of Basic Food and/or Food in accordance with the needs, both for the poor, vulnerable Food and Nutrition community, as well as in emergency condition.
(2) Food Aids as intended in paragraph (1) conducted with emphasis on domestic production and local wisdom.
Government and Local Government are obliged to increase the fulfillment of Community Food consumption in quantity and quality through:
(1) Government and Local Government are obliged to realize the diversification of Food consumption to meet the needs of community Nutrition and support healthy, active, and productive life.
(2) To realize the diversification of Food consumption as intended in paragraph (1) is directed to increase community awareness and make Food consumption patterns are varied, nutritionally balanced, and safe and in accordance with the local potential and wisdom.
Diversification of Food consumption is done by:
Achieving Food consumption diversification as intended in Article 60 is measured through the achievement of value of composition pattern of balanced Food and Nutrition.
(1) The Government determines a policy in the field of Nutrition for the improvement of community Nutrition status.
(2) Government Policy as intended in paragraph (1) is done through:
(3) Government and Local Government arrange action plan for Food and Nutrition every 5 (five) years.
(1) Any person performing a certain Processed Food Production to be traded shall apply Food processing procedures that can inhibit the reduction or loss of nutrient content of Food raw materials are used.
(2) Application procedures for processing Food as intended in paragraph (1) carried out in stages based on the type of Food and Food Production business scale.
(1) Any person who violates the provisions as intended in Article 64 paragraph (1) shall be subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions concerning the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (2) shall be governed by Government Regulation.
The provisions on the special requirements concerning the composition, terms of repairs, or enrichment of Nutrition and Food processing procedures shall be governed by or based on Government Regulation.
(1) Food Safety organized to keep the Food remains safe, hygienic, high quality, nutritious, and does not conflict with community religion, beliefs, and culture.
(2) Food Safety is intended to prevent the possibility of biological, chemical, and other objects that may interfere with, harm, and endanger human health.
(1) The Government and Local Government guaranteeing the implementation of Food Safety in each Food chain in integrated.
(2) The Government determines Food Safety norms, standards, procedures, and criteria.
(3) Farmers, Fishermen, Cultivation Fishermen, and Food Business Actors must apply the Food Safety norms, standards, procedures, and criteria as intended in paragraph (2).
(4) Determination of the Food Safety norms, standards, procedures, and criteria as intended in paragraph (3) shall be done in stages based on the Food type and Food business scale.
(5) Government and/or Local Government shall develop and oversee the implementation of the Food Safety norms, standards, procedures, and criteria as intended in paragraphs (3) and (4).
Implementation of Food Safety through:
(1) Food Sanitation is done in order make Food be safe for consumption.
(2) Food Sanitation conducted in the activities or process of production, storage, transport, and/or circulation of Food.
(3) Food Sanitation as intended in paragraph (2) shall comply with the requirements of Food Safety standards.
(1) Any person who involved in the Food chain must control the risk of harm to the Food, both derived from the materials, equipment, production facilities, as well as from individuals so that Food Safety is assured.
(2) Any person who organizes the activity or the production, storage, transport, and/or circulatory Food shall:
(3) The provisions on the Requirements of Sanitation and Food Safety assurance and/or safety of human safety as intended in paragraph (2) shall be governed by Government Regulation.
(1) Any person who violates the provisions as intended in Article 71 paragraphs (1) and (2) subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (2) shall be governed by Government Regulation.
Food additives materials are materials added to the Food to influence the Food nature and/or shape.
(1) The Government is obliged to check the safety of the materials to be used as additives Food as yet unknown implications for human health in the activities or process of Food Production for distribution.
(2) The additives materials safety checking as intended in paragraph (1) to obtain circulation permit.
(1) Any person performing Food Production for distribution prohibited to uses:
(2) The provisions on the maximum limits and prohibited materials as intended in paragraph (1) shall be governed by or based on Government Regulation.
(1) Any person who violates the provisions as intended in Article 75 paragraph (1) shall be subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions concerning the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraph (1) and paragraph (2) set forth in Government Regulation.
(1) Any person prohibited to produce Food producing from Genetically Engineered Food that has not gain Food Safety approval before been circulated.
(2) Each person performing activities or process Food Products are prohibited to use raw materials, Food additives materials, and/or other materials produced from Genetically Engineered Food that Food Safety has not been approved before been circulated.
(3) Approval of Food Safety as intended in paragraphs (1) and (2) is given by the Government.
(4) The provisions on the procedure for obtaining approval of Food Safety as intended in paragraph (3) shall be governed by Government Regulation.
(1) The Government shall determine the terms and principles of research, development, and utilization methods of Genetically Engineered Food in the activities or process of Food Production, and determines requirements for testing of Food produced from Genetically Engineered Food.
(2) The provisions on the requirements and principles of research, development, and utilization methods of Genetically Engineered Food as intended in paragraph (1) shall be governed by Government Regulation.
(1) Any person who violates the provisions as intended in Article 77 paragraphs (1) and (2) subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (2) shall be governed by Government Regulation.
(1) Food Irradiation can be performed by using a radioactive substance or an accelerator.
(2) Food Irradiated as intended in paragraph (1) conducted to prevent decay and damage to free Food from pathogenic microorganisms, and prevent the growth of shoots.
(1) Food Irradiation as intended in Article 80 paragraph (1) conducted based on Government Permit.
(2) Government Permit as intended in paragraph (1) shall be issued after meets:
(3) The provisions of the fulfillment permission of the Government permit as intended in paragraph (2) shall be governed by Government Regulation.
(1) Food Packaging serves to prevent decay and damage, protect products from dirt, and freeing Food from pathogenic microorganisms.
(2) Any person performing Food Production in packaging shall meet Food Packaging materials that are not harmful to human health.
(1) Any person performing Food Production for distribution prohibited from using any material as Food Packaging that can release contaminants that harmful to human health.
(2) Food Packaging that is circulated through the procedure to avoid any damage and/or contamination.
(3) Provisions on Food Packaging, Food packaging procedure, and prohibited materials used as Packaging Food shall be governed by Government Regulation.
(1) Any person prohibited from opening to final packaging Food to be repackaged and traded.
(2) The prohibition as intended in paragraph (1) shall not apply to Food are procured in bulk and repackaged prevalent in small quantities for further trading.
(1) Any person who violates the provisions as intended in Article 82 paragraph (2), Article 83 paragraph (1), and Article 84 paragraph (1) shall be subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (2) shall be governed by Government Regulation.
(1) The government determines standards of Food Safety and Food Quality.
(2) Any person who produces and trades Food must meet the standards of Food Safety and Food Quality.
(3) Compliance standards Food Safety and Quality Food as intended in paragraph (2) through the implementation of Food Safety and Food Quality assurance system.
(4) Government and/or the certification body accredited by the Government to provide a certificate of Food Safety and Food Quality Assurance.
(5) The certificate as intended in paragraph (4) carried out in stages in accordance with the type of Food and/or business scale.
(6) The provisions of the Food Safety and Food Quality standards shall be governed by Government Regulation.
(1) The Government may establish requirements for Food tested in the laboratory before release.
(2) Testing as intended in paragraph (1) is conducted in a laboratory appointed by and/or who has obtained accreditation from the Government.
(3) The provisions of the laboratory testing requirements stipulated in Government Regulation.
(1) Farmers, Fishermen, Cultivation Fishermen, and Food Business Actors in Fresh Food must meet the requirements of Food Safety and Quality of Fresh Food.
(2) Government and Local Government shall establish, supervise, and facilitate Food Fresh business development to meet minimum technical requirements of Food Safety and Food Quality.
(3) The application of the technical requirements of Fresh Food Safety and Food Quality as intended in paragraph (2) carried out in stages in accordance with the type of Fresh Food and the business type and/or scale.
(4) Further provisions on the requirements of Fresh Food Safety and Food Quality as intended in paragraph (1) shall be governed by or based on Government Regulation.
Any person is prohibited to trade Food not in accordance with the Food Safety and Food Quality listed in Food Packaging label.
(1) Any person is prohibited from distributing of contaminated Food.
(2) Contaminated Food as intended in paragraph (1) in the form of Food:
(1) In the control on the safety, quality, and Nutrition, all Processed Food made domestically or imported to be traded in retail packaging, Food Business Actor must has a distribution permit.
(2) The obligation to has distribution permit as intended in paragraph (1) is exempted to certain Processed Food produced by the home industry.
(3) The provisions on the obligation to has a distribution permit as intended in paragraphs (1) and (2) carried out in accordance with provisions of regulations.
(1) Government and/or Local Government conduct periodic control and prevention on contamination levels or content on Food.
(2) Control and prevention as intended in paragraph (1) shall be implemented in accordance with provisions of regulations.
Any person who imports to be traded must meet Food Safety and Food Quality standards.
(1) Any person who violates the provisions as intended in Article 86 paragraph (2) on the fulfillment of the Food Quality, Article 89 on the Food Packaging labels, Article 90 paragraph (1) on the Food contaminated, and Article 93 on the import of Food subject to administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (2) are governed by Government Regulation.
(1) Government and Local Government control the implementation of halal products guarantee system for the required to Food.
(2) Application of halal products guarantee system for the required as intended in paragraph (1) shall be implemented in accordance with provisions of regulations.
(1) Food labeling is purposed to provide correct and clear information to the community on the any Food product that is packaged before Food purchasing and/or consumption.
(2) Information as intended in paragraph (1) related to the origin, safety, quality, nutrition content, and other necessary information.
(1) Any person who produces Food domestically to be traded must include a label on the inside and/or at Food Packaging.
(2) Any person who imports food to be traded must include a label on the inside and/or at Food Packaging when entering the territory of the Republic of Indonesia.
(3) Labeling inside and/or at Food Packaging as intended in paragraphs (1) and (2) is written or printed by using Indonesian language and at least contains information on:
(4) The information on the label as intended in paragraph (3) are written, printed, or displayed explicitly and clearly that is easily understood by the community.
(1) The labeling provision applicable to Food that has been through the final packaging process and ready to be traded.
(2) The labeling provision does not apply to Food Trading wrapped in front of buyer.
(3) Government and Local Government carry out the development of micro and small enterprises to gradually be able to apply the provision on the labelling as intended in paragraph (1).
Any person is prohibited to delete, remove, cover, replace the label, re-stick label, and/or change date, month and year of circulated Food expiration.
(1) Each label of traded Food must contain information on Food in correctly and not misleading.
(2) Each person shall not give explanations or statements that are not true and/or misleading at the label.
(1) Any person who claims in the label that traded Food is halal as required has responsibility for the truth.
(2) Any person who claims in the label that traded Food is according to certain claim has responsibility for the accuracy of the claim.
(3) Labels on certain Processing Food traded shall contain the information on the designation, how to use, and/or other information needs to be known about the Food effects on human health.
(1) Any person who violates the provisions as intended in Article 97 paragraph (1), Article 99, and Article 100 paragraph (2) subject to administrative sanctions.
(2) Any person who violates the provisions as intended in Article 97 paragraph (2) shall be export from the territory of the Republic of Indonesia or destroy Food that is imported.
(3) The administrative sanctions as intended in paragraph (1) are:
(4) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (3) are governed by Government Regulation.
Further provisions on Food labeling as intended in Article 96 up to Article 101 shall be governed by or based on Government Regulation.
(1) Any advertisement of traded Food must contain information or statements regarding Food with truthful and not misleading.
(2) Every person shall not contain information or statements that are not true or misleading in advertisement of traded Food.
(3) The Government shall regulate, supervise and carry out the necessary actions required in order to traded Food advertising does not contain information or statements that are not true or misleading.
(1) Any person who states in the advertising that traded Food is halal as required shall has responsibility for the truth.
(2) Any person who states in the advertising that the Food which is traded in accordance with the certain claim is responsible for the accuracy of the claim.
(1) Any person who violates the provisions as intended in Article 104 paragraph (2) and Article 105 shall subject for administrative sanctions.
(2) The administrative sanction as intended in paragraph (1) are:
(3) Further provisions on the type, the amount of fines, procedures, and mechanisms for the imposition of administrative sanctions as intended in paragraphs (1) and (2) shall be governed by Government Regulation.
Further provisions on the Food advertising as intended in Article 104 and Article 105 shall be governed by or based on Government Regulation.
(1) In the implementation of Food Management, Government is authorized to control.
(2) Control as intended in paragraph (1) conducted on the fulfillment of:
(3) Control on:
(4) The government set up a program of monitoring, evaluation, and control periodically of the activities or the production, storage, transport, and/or Food Distribution by the Food Business Actor.
In conducting control, government agency as intended in Article 108 paragraph (3) in accordance with the affairs and/or duties as well as authority, each one appoints supervisor.
(1) Supervisor as intended in Article 109 has authority to:
(2) Supervisor in implementation of duties as intended in paragraph (1) shall be included with an order of control and/or inspection and identification.
In case the results of the checking by the supervisor showed preliminary evidence that a crime has occurred in the field of Food, an investigation to be done by an authorized investigator in accordance with provisions of regulations.
Further provisions on supervision as intended in Article 108 up to Article 110 shall be governed by Government Regulation.
Food information system include the collection, processing, analyzing, storing, and presentation as well as spread of data and information on the Food.
(1) Government and Local Government are obliged to build, organize, and develop an integrated Food information system.
(2) The information system as intended in paragraph (1) at least used to:
(3) Government and Local Government in accordance with their authority is obliged to announce the Food commodity price.
(4) Further provisions on the announcement of the Food commodity price are governed by minister who conducts government affairs in the field of trade.
(1) The Food information system as intended in Article 114 paragraph (1) shall be managed by the Food data and information center.
(2) Food data and information center shall update the data and information.
(3) Food Data and information center provides the least data and information on the:
(4) Data and information as intended in paragraph (3) can be accessed easily and quickly by the community, except in relation with the state interests in accordance with provisions of regulations.
Further provisions on the Food information system as intended in Article 113 up to Article 115 shall be governed by Government Regulation.
Food Research and development to improve Food science and technology as well as become the basis in formulating Food policies that can enhance the Food Sovereignty, Food Independence, and Food Resilience.
(1) Food Research and development as intended in Article 117 is directed to guarantee supply, storage, processing, and distribution in order to obtain quality Food material and safe to be eaten by community.
(2) Food Research and development as intended in paragraph (1) is done:
(1) The Government shall carry out the Food research and development as intended in Article 117 and Article 118 on a continuous basis.
(2) The Government encourages and synergizing Food research and development activities carried out by Local Governments, educational institutions, research institutes, Food Business Actors and community.
Food research and development as intended in Article 119 can be carried out independently and/or in collaboration with international research institutions, both managed by government and private.
Government and/or Local Government are obliged to facilitate the publication, distribution, use, and application of Food research results.
International cooperation for the development of Local Food can be done if initiated by the domestic institute after obtaining permission from minister in charge of the research.
(1) Any foreigner Person can conduct Food research for the interests of the Republic of Indonesia Unity State.
(2) In conducting the research as intended in paragraph (1), every foreigner Person shall comply with the provisions of regulation.
(3) In case of research as intended in paragraph (2) use of biological materials from domestically for commercial purpose, Every foreigner Person must provide royalties to the Government in accordance with provisions of regulations.
The Government will facilitate and provide protection of intellectual property rights to the results of Food research and development and superior Local Food in accordance with the provisions of regulation.
Government and/or Local Government give rewards and/or incentives to Food researchers and/or research that is able to produce superior technology that has benefit the community in the realization of Food Sovereignty, Food Independence, and Food Resilience.
In case of realizing the national Food Sovereignty, Food Independence, and Food Resilience, it is established government agency in charge of Food which is subordinate and has responsibility to President.
Government Agency as intended in Article 126 has the task of carrying out government duties in the field of Food.
Government Agencies as intended in Article 127 may propose to the President to give a special assignment to the state owned company in the field of Food to carry out production, procurement, storage, and/or distribution of Basic Food and other Food are determined by the Government.
Further provisions on the organization and functioning of the government agency as intended in Article 126 to Article 128 shall be governed by Presidential Regulation
(1) The community can participate in the realization of Food Sovereignty, Food Independence, and Food Resilience.
(2) The community participation as intended in paragraph (1) shall in the:
(3) Government and/or Local Government to encourage community participation as intended in paragraph (1).
(1) The community can submit issues, feedback, and/or the solution to a Food Problem to Government and/or Local Government.
(2) The provisions on the procedure for submission of issues, feedback, and/or the solution to a Food Problem as intended in paragraph (1) shall be governed by Government Regulation.
(1) Beside officer of the Republic of Indonesia police, certain civil government officials who has duties and responsibilities in the field of Food was given special authority as investigator to investigate the criminal act in the field of Food in accordance with the provisions of regulation in the field of Criminal Law.
(2) Civil government investigator as intended in paragraph (1) shall has authority:
(3) Civil government investigator as intended in paragraph (1) notify the start of the investigation to the investigation official of the Republic of Indonesia police.
(4) If the implementation of authority as intended in paragraph (2) requires the action of arrest and detention, civil government investigator to coordinate with the investigation official of the Republic of Indonesia police in accordance with provisions of regulations.
(5) Civil government investigator as intended in paragraph (1) submits the results of the investigation to the public prosecutor through investigation official of the Republic of Indonesia police.
(6) Appointment of civil government investigator as well as procedure and process of investigation shall be conducted in accordance with provisions of regulations.
Food Business Actor who deliberately hoards or saves exceeds the maximum quantity as intended in Article 53 in order to get gain that resulted Basic Food prices become expensive or soar high shall be punished with imprisonment of 7 (seven) years or a maximum fine of Rp 100,000,000,000.00 (one hundred billion rupiah).
Any Person who performs certain Processed Food Production to be traded, which was deliberately not implementing Food processing procedures that can inhibit the reduction or loss of nutrient content of Food raw materials are used as intended in Article 64 paragraph (1) shall be punished with imprisonment of 1 (one) year or a fine of not more Rp 2,000,000,000.00 (two billion rupiah).
Any Person who organizes the activity or the production, storage, transport, and/or distribution of Food that do not meet the requirements of Food Sanitation as intended in Article 71 paragraph (2) shall be punished with imprisonment of 2 (two) years or a maximum fine of Rp 4,000,000,000.00 (four billion rupiah).
Any Person who do the Food Production to be distributed for deliberately using:
(1) Any Person who produce Food producing from Genetically Engineered Food that has not gain Food safety approval before been circulated as intended in Article 77 paragraph (1) shall be punished with imprisonment of 5 (five) years or a fine of Rp 10,000,000,000.00 (ten billion rupiah).
(2) Any Person who performs an activity or process Food Product use raw materials, Food additives materials, and/or other materials produced from Genetically Engineered Food that Food Safety has not been approved before been circulated as intended in Article 77 paragraph (2) shall with imprisonment of 5 (five) years or a fine of Rp 10,000,000,000.00 (ten billion rupiah).
Any Person who performs Food Production for distribution, which deliberately use any material as Food Packaging that can release contaminants that harmful to human health as intended in Article 83 paragraph (1) shall be punished with imprisonment of 2 (two) years or a fine of much Rp 4,000,000,000.00 (four billion rupiah).
Any Person who deliberately opens the final packaging Food to be repackaged and traded as intended in Article 84 paragraph (1) shall be punished with imprisonment of 5 (five) years or a fine of Rp 10,000,000,000.00 (ten billion rupiah).
Any Person who produces and trades Food that deliberately does not meet Food Safety standards as intended in Article 86 paragraph (2) shall be punished with imprisonment of 2 (two) years or a fine of Rp 4,000,000,000, 00 (four billion rupiah).
Any Person who deliberately trades Food that does not comply with the Food Safety and Food Quality listed in Food Packaging label as intended in Article 89 shall be punished with imprisonment of 2 (two) years or a fine of Rp 4,000,000,000.00 (four billion rupiah).
Food Business Actors who deliberately does not has distribution permit to any Processed Food made domestically or imported to be traded in retail packaging as intended in Article 91 paragraph (1) shall be punished with imprisonment of 2 (two) years or a fine of much 4,000,000,000.00 (four billion rupiah).
Any Person who deliberately deletes, removes, covers, replaces the label, re-sticks label, and/or changes date, month and year of circulated Food expiration as intended in Article 99 shall be punished with imprisonment of 2 (two) years or a fine of much Rp 4,000,000,000.00 (four billion rupiah).
Any Person who deliberately gives information or statement which is not true or misleading in the label as intended in Article 100 paragraph (2) shall be punished with imprisonment of three (3) years or a fine of not more Rp6,000,000,000.00 (six billion rupiah).
Any Person who deliberately gives information or statement on Food traded through advertising that are not true or misleading as intended in Article 104 paragraph (2) shall be punished with imprisonment of three (3) years or a fine of not more Rp6,000,000,000.00 (six billion rupiah).
(1) If the act as intended in Article 137, Article 138, Article 142, Article 143, and Article 145 which resulted in:
(2) If the act as intended in Article 140 which resulted in:
Any officer or state official who commit or assist a criminal act as intended in Article 133 to Article 145, shall be punish with penal charges by add 1/3 (one third) of the respective criminal threats.
(1) In case of the act as intended in Article 133 to Article 145 committed by a corporation, other than imprisonment and criminal fines against its leaders, the criminal may be brought against the corporation in the form of a fine by weighting 3 (three) times of criminal penalties against individuals.
(2) In addition to criminal penalties as intended in paragraph (1), the corporation may be subject to additional criminal form:
When this Law comes into force, existing Government agencies that handle field of Food have established when this Law comes into force still keep on do their duties until establishment of Government agencies that handle field of Food based on provisions of this Law.
Implementation Regulation of this Law should be determined at the latest 3 (three) years since this Law is promulgated.
Government Agencies that handle field of Food as intended in Article 129 should be determined at the latest 3 (three) years since this Law is promulgated.
When this Law comes into force, all provisions of Law and govern Food still applied while not replaces or not contradicted with this Law.
When this Law comes into force, Law Number 7 of 1996 concerning Food (Statute Book of the Republic of Indonesia Number 99 of 1996, Supplement of Statute Book of the Republic of Indonesia Number 3656), shall be revoked and declared void and void.
This Law shall come into force on the date of promulgation.
For public cognizance, this Law shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Legalized in Jakarta,
On November 16, 2012
PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed.
DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta,
On November 17, 2012
MINISTER OF LAW AND HUMAN RIGHTS OF REPUBLIC OF INDONESIA
Signed.
AMIR SYAMSUDIN
STATUTE BOOK OF THE REPUBLIC OF INDONESIA NUMBER 227 OF 2012