Government Regulation No. 68/2002 on Food Security

FOOD SECURITY (Government Regulation No. 68/2002 dated December 30, 2002)' THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that food security is a verj Important factor in the framework of naticnal development to form a qualified, independent, and prosperous Indonesian people thrcuqh the manlfestatlon of adequate, safe, qualified, nutritional, and various food evenly across Indonesia, which price is reasonable to the people; b. that based on the foregoing matter 'and to enforc'e Art.icle SO of law No.7/1996 on Food, it is necessary to stipulate a government regulation On food security. In view of: :. Article 5 paragraph (2) oU945 Constitution; which has been amended by FourthAmendment to the 194'5 Constitution; ., Law No. 6/1967 on Animal Husbandrj and Veterinary Basic Provisions (Statute Book of 1967 No. 10, Supplement to Statute Book No, 2824); 3. Law No. 6/1974 on Social Welfare Basic Provisions (Statute Book, of 1974 No. 53, Supplement to Statute Sook No. 3039); Law No. 5/1984 on Industrial Affairs (Statute Book of 1984 No. 22, Supplement to St'atute Book No. 3274); }. Law No. 9/1985 on Fisherj (Statute Book of 1985 No. 46, Supplement to' Statute -Soak No. 3299); ). law No. 5/1990 on Conservation of Biological Reso~r~es and The Ecosystem (Statute Book of 1990 No. 51, Supplement to Statute Book No. 3420); law No. 12/1992 on Cultivatio.. <:m of Plants (Statute Book of 1992 No. 46, Supplement- to' Statute Book No. 3478); i. Law No: lGj1992 on Animal, Fi~h, and Plant Quarantine (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482); Law No. 23/1992 on Health (Statute Book of 1992 No, 100, Supplement to Statute Book No. 3495); a.law No. 7/1996 on Food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656); 1.!.:,y No. 23/1997 on Environmental Management (Stat1Jte Book of 1997 No. 68, Supplement to Statute rook No. 3699); 2.Law No. 22/1999 on Regional Administration (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3339); 3.law No. 41/1999 on Forestry (Statute Book of 1999 No. 167, Supplement to Statute Book No. 3888); '1. Law No. 18/2002 on National System of Research, Development, and Application of Science and Technology (Statu,te Book of 2002 No. 84, Supplement to Statute Book No. 4219); S.Government Regulation No. 17/1986 on the Authority to regulate, foster and develop industries -(Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330); S.Government Regulation No. 25/2000 on Governmental Authority and Provincial Authority as Autonomous Region (Stat ute Book of 2006 No. 54, supp'ement to Statute 800k No. 3952); , , JSiness News 6896/11--4-2003 1Z.. 28A 17. Government Regulation No. 20/2001 on Development and Supervision Over Regional Government (Statute Book of 2001 No. 41, Supplement to Statute Book No. 4090); 18.Government Regulation No. 39/2001 (in Organization of De-concentration (Statute Book of 20C 1 No. 62, Supple ment to Statute Book No. 4095); 19.Government Regulation No. 52/2001 on Arrargernent of Secretarial Oucy (Statute Book of 2001 No. 77, Supple ment to Statute Book No. 4106); DECIDES: To stipulate: GOVERNMENT REGULATION ON FOOD SECURITY. CHAPTER I GENER.<\L PROVISIONS Article 1 In this Government Regulation, the nleaning of: 1, Food Security is a condition where food has been ful filled by households, whkh reflects in adequate supply of food, either in quantity or quality, safely, evenly, and at a reasonable price. 2. Food means anything originated from biological sources and water, either the one processed or unprocessed and intended as food or drinks for human consumption, in cluding food supplement, raw materials for food, and other materials used in the processes of preparation, .processinc and/or production of food and drinks. l. Fo:)d Supply is the supply of food produced locally and/ :or from other sources. I, National -ooo R-eserve is the supply of food in the whole territory for human consumption, rJW materials for in dustry, and for facing emergency situations. >. Food Production is the activity or process of producing, preparing, -processing, making, preserving, packaging, re-packaging and/or changing of forms of food. l. Food Trading is an activity or activities in the framework of sale and/or purchase of food, including the offer to sell food, and other activities with reqardto transfer of food by receiving a fee. 3u~iness News 6896/11-4-2003 7. 'Food Distribution is an activity or activities in the frame work of distribution of food to the society, either or tiot for trading purposes. 8. Food Transportation is an activity or activities in the framework of relocating food from one place to another by a manner or by a,ly transportation facility in the fruile work of production, distribution and/or food trading. 9. Food Diversification is the efforts made to improve the consumption of various food based on balanced nutri tion. 10. Food Problem is a condition of food surplus, focc short age and/or inability of households to fulfill fooc neces sity. 11. Emergency Situation is an uncertain critlca] condition threatening the social life of the society that requires immediate and accurate actions, which are beyond the common procedure. 12.Reasonable is a condition where the bousehclcs are continuously able to have access to food as they need for a healthy and productive life. 13.Central Government is the apparatus of the Republic of Indonesia consisting of the President and the Ministers. 14.Regional Government is Head of the Reqion and other apparatus of autonomous region as the Regional Execu tive Body. 15.Everybod~1 is an individual or a corporation, either in the form of .'3 corporate body or a non-corporate body. CHAPTER If FOOD SUPPLY Article 2 1. Food supply is arranged to fulfill continuous consume tion o(food by households from time to time. 2. To actualize food supply as set forth in paragraph (I), the following actions have to be taken: a. To develop system of production of food based on the local resources, institutions, and culture; b. To develop efficiency of food bU~iness system; c. To develop food productions technology; d, To d. To develop food productions facility and infrastructure; e. To maintain and to develop productive land. 3.· Further provisions with regard to the supply of food as mentioned in paragraph (2) will be stipulated by the t'1inisters responsible in the fields of agriculture, marine & fishery, forestry, trade & industrY,health, coopera tives, housing affairs and regional infrastructure, ad, ministration of home affairs, finance,' and research & tecnnoloqy in accordance with their respective duties and authorities. Article 3 1. The sources of food supply are local production of food, food reserve and importation. 2. The prioritized supply of food is the local production of food. 3. Food reserve shall be implemented to anticipate food shortage, food surplus, fluctuation of pikes and/or emergency situations. Importation of food is conducted if local production of food is inadequate and food reserve cannot fulfill the required food consumption in accordance with local pro duction. 5. Importation of food Must be implemented in compli ance with the applicable laws. Article 4 1. In the framework of even distribution of food supply, distribution of food to all areas up to household level shall be conducted. 2. 10 actualize the distribution of food as mentioned in paragraph (1), the following actions shall be taken: a. Development of an efficient food distributions sys tem that reach all areas; b. Management of system of distribution of food, which may maintain food security, quality, and nutrition; c. Maintenance of security in the distribution of food. 3. Further provisions regarding food distribution as men tioned in paragraph (2) shall be stipulated by the minis ters responsible in the fields of agriculture, marine & fishery, forestry, communications, trade & industry, and cooperatives in accordance with their respective duties and authorities. 29A. CHAPTER III NATIONAL FOOD RESERVE Article 5 1. The national food reserves consist or governmer.t food reserves and public rood reserves. 2. The government food reserves as mentioned ii'. para graph (1) consist of: a. Village government food reserves; b. Regency/fviayoralty government food reserves; c. Provincial government food reserves; d. Central government food reserves. 3. The government food reserves as mentioned in para graph (2) includes certain oasic food. 4. To actualize the government food reserves as mentioned in paragraph (2), the following actions have to be taken: a. Taking of inventory of food reserve; b. Making of estimation on food shortage and/orerner gency situations;' c. Supply, management, and distribution of focd re serve. 5. The government food reserves as mentioned in para graph (2) shall be determined periodically and coordi nately starting from designation of village government food reserves, regency/mayoralty governmen~ food re serves, provincial government food reserves up to cen tral government food reserves, Article 6 1. The distribution of food reserves shall be conducted to prevent food problem. Distribution of qovernrnent food reserve as mentioned in Article 5 paragraph (2) shall be done by: a. A mechanism adjusted to the area and household conditions; b. Not inflicting loss to consumers and producers. Article 7 Xhe central government, provincial qove.nrnent, re gency/mayoralty government and/or village government can assign government agencies or corporations having line of food business to supply and to manaqe certain basic fooe reserve in accordance with the applicable laws. Article 8 1. The society shall have the rigl1t and opportunity to ac tualize food reserves for the public. 2. The .. 2. The food reserve as mentioned in paragraph (1) shall be done independently and in accordance with their capability. CHAPTER IV FOOD DIVERSIFICATION Article 9 1. Food dlverslflcatlon Is organlzl:d to Improve food secu ritl in accordance with local resources, institutions, and culture. 2. Diversification of food as mentioned in paragraph (1) is done by: a. Improvement of food diversity; b. Development of technology on food processing and food products; c. Improvement of social awareness to consume vari ous food based on a balanced nutrition principle. 3. Further provisions with reqard to food diversification as set forth in paragraph (2) will be stipulated by the Mi nister or by Heads of Non-Departmental Government Institutions responsible in the fif':ls of agriculture, food, marine & fishery, forestry, trade & industry,ccopera tives, and research & technOlogy according to their re spective duties and authorities. CHAPTER V PREVENTION PND ERADICATION Of FOOD PROBLEM Part One Prevention of food Problem Article 10 1. The prevention of food problem shall be conducted to prevent food problem. 30A Part Two Prevention of Food Problem Article 11 1. The oreventicn of food problem shall be conducted tc prevent food surplus, food shortage and/or inability of households to fulfill food necessities. 2. The prevention of food problem as set forth in para graph"(l) is done by: " a. Taking out of food in case of food surplus; b. Improvement of production' and/or lrnportation of food in case of food shortage; c. Special distribution of food in case of inability of households to fulfill the need for food. d. Supplying of food aid to the poor. 3. Further provisions with regard to the prevention of food problem as set forth in paragraph (2) will be stipulated by the Ministers responsible in the fields of agriculture, marine & fishery, forestry, trade & industry, coopera tives, and information, in accordance with their capabil ity. Part Three Price Control Article 12 1. Control of the prices of certain basic food in society level shall be done to prevent fluctuation of prices of food that results in social unrest, emergency situations due to disasters and/or a long food scarcity. 2. Control of prices of food as mer.tioned in paragraph (1") is done by: <1. Mar.agemcnt ar.d maintenance of government food 2. The prevention as set forth in paragraph (1) is done by: a. Monitoring, analyzing, and evaluating of food sup ply; b. Monitoring, analyzing, and evaluating of the factors affecting food supply; c. Planning and implementing program on prevention of food problem. 3. Further provisions with regard to the prevention of food problem as set forth in paragraph (2) win be stipulated by the Minister or by Heads of Non-Departmental Go vernment Institutions responsible in the fields of agri culture, marine & fishery, forestry, trade & industry, co operatives, .and information, in accordance with their capability. I, Busine:::s News 6896/11-4-2003 reserve; b. Regulation and management of food supply; c. Stipulation of tax and/or tariff policy; d. Regulation on the expedition of food distribution. 3. Further provisions with regard to price control as men tioned in paragraph (2) will be stipulated by the Minis ters responsible in the fields of trade & industry, agri culture, cooperatives, marine & fishery, communications, forestry, and finance in accordance with their respec tive duties and authorities. CHAPTER VI THE REGIONAL GOVERNMENT AND fHE ROLE OF THE SOCIETY Article 11 31A Article 13 1. The provincial government, the regency/mayoralty go . vernment and/or the village government shall implement policy and shall be responsible for the organization of food 'security in their respective territories in compli ance with guides, norms, standards, and criteria stipu lated by the central government. 2. The provincial gove:nment, the reqency/rnayoralty gc vernrnent and/or the village government shall encour age the involvement of the society in the organization of food security. 3. The encouraging of involvement of the society in the organization of food security as mentioned in paragraph (2), can be done through: a. ProviJing of information and educations related to the organization of food seCL!~:t:'/; b. Helping to expedite the org~"ization of food secu rity; c. .Improvement of motivation of the society with re gard to the organization of food security; d. Improvement of independence of the households in actualizing food security. Artic.le 14 1. The society has an opportunity to participate in mani festing food security. 2. The participation of the society as mentioned in para graph (1) may be in the form cf: a. Production, trading, and distribution of food; b. Arrangement of food reserve for the pubiic; c. Prevention and eradication of food problems. CHAPTER V~I HUMAN RESOURCE DEVELOPMENT AND INTERNATIONAL COOPERATION Article 15 1. In the framework of actualizinq food security, human resource development and international cooperation shall be organized. 2. Human resource development as mentioned in paragraph (1) is done by: a. Food education and training; b. Wide-spreading of science and technology on food; c. Elucidation. 3. Further provisions regarding human resource develop ment as mentioned in paragraph (2) will be stipulated by the Ministers, responsible in the fields of education, science & technoloov, and agricUlture, in accordance with their respective duties and authorities. Article 16 1. international cooperation as mentioned in Article 15 paracraph (1) includes the follOWing fields: . a. Production, trading, and distribution of food; b. Food reserve; c. Prevention and eradication of fcod problems; d. Food research and tech nology. 2. International cooperation as mentioned in paragraph (l) shall be performed in accordance with the applicable laws. CHAPTER VIII OTHER PROVISIONS Article 17 1. To actualize food security, formulation of policy, evalua tion, and control of food security shall be organized. 2. The formulation of policy, evaluation, and control of food security as mentioned in paragraph (1) shall be done in cooperation with the Food Security Council. CHAPTER X TRANSITORY PROVISION Article 18 With the cnforceabiiitv of this Government Regu lation, all enforcement regulations ruling about food secu rity that exist are declared applicable as long as they are not in violation wiL:l this Goverrunent regulation. CHAPTER X CLOSI NG PROVISION Article 19 This Government Regulation comes into full force and effect from the date of enactment For public cognizance, this Goven.rnent Requlation shall be ar.nounced by placing it in the Statute Book of the Republic of Indonesia. StiptJ ced in Jakarta On 30 iecernber 2007. THE PRESIDENT OF - 1E REPUBLIC OF INDONESIA sgd MEGAWATI SOEKAP.NOPUTRI 8u::;~ess N':ws 6896/11-4-2003 • , , , I U.f'\ Enacted in Jakarta on 30 December 2002 SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA signed BAM BANG KESOWO STATUTE BOOK OF THE REPUBL.IC OF INDONESIA OF 2002 NO. 142. ELUCIDATION ON GOVERN/,lENT REGULATION NO. 68/2002 ON FOOD SECURITY GENERAL. Food security is a condition where food for house holds has been fulfilled. Itis reflected in the adequate sup ply of food either in quantity or quality safely, evenly, and at a reasonable price. Food security is an important and strategic matter, because, based on the experiences in many countries it shows that not even a country may perform development with assurance before it is able to actualize food security. Law No.7/1996 en Food mandates that the government and the society shall actualize food security for all the Indonesian people. Since Indonesia is a highly populated country with hign growth rate, the efforts made to actualize food sew ritymust be prioritlz ed for the interest of national welfare. Indonesia, as an agrarian and maritime country with vari ous natural and socio-cuitural resources, must be viewed as God's blessings to manifest food security. The efforts made to actualize national food secu rity must be based on local food resources with inter-re gional variety and dependence on importation of food must be prevented. In the framework of actualizing food security,<lll sectors must play an active i ole and must coordinate with the central, provincial, regency/mayoralty, village govern ment and the society to improve s~rategy , , actualize na tiona) food security. Because food security is reflec-ej in the actual supply of food, food supply must be clearly known by the society. Food supply has the purpose to fulfill the 'need for Susiness News 6896/11-4-2003 household consumption, which develops con~inuously from time to time. To actualize food supply, develop;';'ent of pro ductions system, efficlency of food business system, food productions technology, and food productions facility & in frastructure, development & maintenance of productive land have to be improved. The actualized sources of food supply are derived from local productions of food, food reserve and food irn oortation. Importation of food is done if local production of food a:ld food reserve inadequately fulfills the need for lo cal consumption. Even distribution of food supply requires distribution of food to all areas up to households. Therefore, the manifestation of distribution of food requires the development of land, sea, and air transporta tion, which system is done through the imorovement of security of food distribution. The national food reserves are manifested in pub lic fOCG reserves and qovernrnent food reserves.Govern ment food reserves are limited to certain main food, be cause it is impossible for the government to set reserves of all food needed by the society. The government food re serves include Village government food reserves, regency/ mayoralty government food reserves, provincial government food reserves, and central government food reserves, the manifestatior: of whicil requires inventory-te klno of foed reser/e, estimation of food shortaqe, 'and emergency situ ations so that the supply of food with regard to organiza tion of fcod reserve will be successful. Government food reserve shall be done to prevent food problem and is dis tributed in a form of a mechanism adjusted to the area and household conditions. But, the distribution of which is done not by inf1:cting loss to the consumers and producers. The role and responsibility of the society with regard to food reserve is irnolernentec by non-governmental organizations, social organizations, private sector, cooperatives and/or i,-, dividuals. Food diversification is a matter that must be irn proved. This is in line with processing technology and has the purpose to create social awareness to consume various fo, Js based on a balanced nutritional principle. With ..... (To be continued ) ====( E )==== SA 'F ·0 0 D SEC URI T Y (Government Regulation No. 68/2002 dated December 30,' 20'02) [ Continueo from Business News No. 6896 pages 27A - 32A J With regard to the preventic and eradication of food ,problem, program planning & ::r, .lernentation, analy sis, and evaluation into the factors c '~cting food supply, prevention of food problem is, intend ras anticipation to prevent the occurrence of food.problen Nith regard to eradi cation of food problem, early knowled: about food surplus, food shortage, and inability of househoi.ts to fulfill food ne cessities has to be known. Therefore, prevention of food problem includes, amongst others, taking out of food due to food surplus, improvement cf production or importation of feed due to fcod shortage. Other than that, food distribution is specifically prioritized for the inability of households in fulfilling the need for food and food supply for the poor. Control of prices, especially for certain basic food has the purpose to prevent fluctuation of prices, which re sults in social unrest, such as emergency situations that include natural disasters, social conflicts ano long food scar city, . Therefore, con trol of food prices must be in accor dance with market mechanism or market intervention by themanaqement and maintenance of government food re " serve, reguiating 'and menaqernent of food supply, regulat ing of the expedition of food distribution, and stipulating of tax 'and/or tariff policy.. The provincial governm~nt,regency/mayoralty gov ernment and/or the village government shall implement food security policy in their respective 01eas in compliance with guiaes, norms, standards, 'and criteria stipulated by the central government. Other than that, the provincial gov ernment, regency/mayoralty government, and/or the vil lage government must encourage the involvement of the society in food security by giving information and educa tion, helping the expedition, improving of motivation of the society, and improving of independence of the households in food security improvement. In actualizing food security, the society has a wide role, for example, to organize production, trading, and distribution of food, to organize fboO reserve,' and to pre vent & eradicate food problem. Food security may also be manifested through human resource development and in ternational cooperation. Thereafter, to actualize food secu rity, formulation of policy, evaluation and control of food security must be performed in coordination with Food Se Curity Council. ·· .. 0"" l\'OW< hHlJl/l'1-'1-2003 Based on the foregoing opinion and to enforce Ar ticle 50 of Law No. 7/1996 on Food, Government Regula· tion on Food Security has been stipulated. ARTICLE BY ARTICLE Article 1 Self-expla natory. Article 2 Paragraph (1) Self-explanatory. Paragraph (2) Clause a "Svstern of production of food" means method/pro cedure or activily or process of producing, preparing, pro cessing, making, preservinq, packaging, re-packaging, and/ or changing of forms of food "Resources" means productive aqricultural k "8, cli mate, land fertility, size of land and/or water. "Institut'ons" includes farmers, corporati rns or water control system/subak (Bali). "Local culture" means traditions handed down from generations in <: region. Clause band c Self-explane tory. Clause d "Food productions facility and infrastructure" means, among other things, devices and installations, waste disposal facility, and other facility, which is directly or indi rectly used in activity or process of production, storage, transportation and/or distribution of food. Clause eo "Productive land" means land, which acquires wa ter sources, especially from technical.irrigation water. Paragraph (3) "Further provisions stipulated by the Mi'nister" in this paragraph may be in the form of guides, norms, stan dards, and criteria. This provision is also applicable for Ar ticle 4 paragraph (3), Article 9 paragraph (3), Article 10 paragraph (3), Article 11 paragraph (3), Article 12 para graph'(3), and Article 15 paragraph (3) ofthis Government Regulation. Article 3 Paragraph (1) "Importation of food" means an activity of intro duction of non-processed and/or processed food into the Indonesian territory to he traded, distributed and/or stored in accordance wid, the applicable laws. Paragraph (2) Self-expla natory. Paragraph (3) "Food shortage" means a condition where an area or a territory, major part of which population is lack of food according to their daily needs. "Fluctuation of prices" means the price of certain basic food at market" level, which reaches more than twenty "five percent (25%) of the normal price. ~'Emergencysituations" means natural disasters, se vere rcoc scarcity occurring beyond human control, even if they can previously be estimated. Paragraph ('1) and (5) SeJf-expl ana tory. Article 4 Paragraph (l) "Food distribution" is an activity/effort in the frame work of fulfi:!ment of accessibility of the society to food, either inter-regionally or inter-timely. Paragraph (2) Clause a Self-explana tory. Clause b "Food security" means the condition and efforts required to prevent food from the poss.cility of biological, chemical poilution, and from other materials that may dis turb. damage, and endanqer human health. "Food quality" means a value determined based on criteria of food security, nutritional content, and stan dards of trading of food and drinks. "Nutrition" means the substance or compounds con-. " . tained in food consisting of carbohydrate, protein, fat, vita min, mineral and its compounds beneficial for human growth and health.' . Business News 6897/14-4-2003 bA Clause c " Self-explanatory, Paragraph. (3) Self-expla natory. Article 5 Paragraph (1) "National food security'" means food supply across the Indoneslan territory for human consumption, raw ma terials for industry, and for facing emergency situations. "Government food securlty" means the supply of food managed or controlled by the government. "Public food reserve" means the supply of food managed or controlled by the society, which includes farm ers, cooperatives, traders, and household industries. Paragraph (2) Clause a "Viflage government food reserve" means ~ile sup-" ply of food managed or controlled by the village govern ment. Clause b "Regency/mayoralty government (ood reserve means the supply of food managed or controlled by the regency/mayoralty government. Clause c "Provincial government food reserve" means the supply of food managed or controlled by the provincial go vernment. Clause d "Central : overnment food reserve" means the sup ply of food man, ged or controlled by the central govern ment. Paragraph (3) "Reserve of certain basic food'" is the supply of certain basic food, such as rice, and, in the regional level, it is in the form of basic food of the local community. ParagraW1 (4) Self-explanatory. Paragraph (5) "Determined periodical/y" means that it can be dl\!\~. every quarter, every six months and/or every year. Article 6 Self-explanatory.. A~icle, 7 In the event that the central government, provin cial government and/or regency/mayoralty government as signs a corporatio: to supply and to manage certain basic food, the assignment shall be contained in a written agree ment. Article 8, Self-explanatory. Article 9 Paragraph (1) Self-expla natory. Paragraph (2) Clause a and b Self-expla natory. Clause c "Balanced nutrition" is food, which contains energy substance, constructing substance, and regulating substance consumed by a person in a day needed by his or her body. Paragraph (3) Self-expla na tory. Article 10 and 11 Self-explanatory, Article 12 Paraqraph (1) "Disaster" includes flood, landslide, rand volcano eruption. "Long food scarcity" means a long season of food sbortaqe so that it is construed as a difficult period for the supply of food to a certain area,including the time of hug~ imbalance between need .and supply. 7A Paragraph (2) Clause a Self-explanatory. Ciause b Self-explanatory. Clause c "Stipulation of tax and/or tariff policy" is, among other ·.t;lIt'!9-§" stipulation of export tax and/or import rate on certain food. Clause d Self-explanatory. Paragraph (3) Self-explanatory. Article 13-16 Self-explanatory. Article 17 Paragraph (1) Since food security is cross sectoral, cross regional and it involves participation of the society, formulation of policy, evaluation, and control of food security integraily are required, and the implementation of whi~h is done in coordination with the Food Security Council. Paragraph (2) "Food security Council" means the Food Security Council established by Presidential Decree No. 132/2001. Article 18 and 19 Self-explanatory. SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA NO. 4254. == (E) ==