Government Regulation No. 69 of 1999 Re Foods Labels and Advertisements

======:======= GENERAL THE PRESIDENT OF THE REPUBLIC OF INDONESIA GOVERNMENT REGULATION NO. 69/1999; DATED: JULY 21, 1999 RE FOOD LABELS AND ADVERTISEMENTS THE PRESIDENT OF THE REPUBLIC OF INDONESIA . 8 Considering : a. that one of the aims of regulation, fostering and control in food affairs is the creation of fair and responsible food trade; Bearing in mind b. C, d. l. that food labels and advertisements constitute a means in food trading activities with vital significance so that it is necessary to regulate and control them in order to provide society with true and illuminating food information: that the public have the right to obtain true and illuminating information concerning food they consume, particularly that conveved through foods labels and advertisements; that based on the above matters and in order to implement Law No. 711996 on food affairs, it is deemed necessary to regulated food labels and advertisements in a government regulation. Article 5 paragraph (21 of the Constitution of 1945; 2. Law No. 23/1992 on health affairs (State Gazette of 1992 No. 100, Supplement to State Gazette No. 3495); 3. Law No. 7/1996 on food affairs (State Gazette of 1996 Number. 99, Supplement to State Gazette No. 3656); HAS DECIDED : To stipulate: THE GOVERNMENT REGULATION CONCERNING FOOD LABELS AND AOVERTISEM ENTS Hereinafter referred to as : CHAPTER I GENERAL PROVISIONS Article 1 1. Food shall be everything originating in biological and water resources, whether or not processed, which is meant to be eaten or drunk by men, including food additives, food raw materials, and other materials used in preparing, processing and or producing food or beverage. 2. Processed food shall be food or beverage resulting from processing by certain means or methods with or without additives. CAFI 66/AUGUST 18, 2000 9 3, Food labels shall be any information concerning food in the form of pictures, writing, combinations of both or other shapes which are put on, put into, stuck to, or constitute part of packages of food, hereinafter called labels. 4. Food advertisements shall be any information or statement concerning food in the form of pictures, writing, or other shapes which are conveyed by various means tor food mar\c.et g and or trading, hereinafter called advertisements. 5. Permissible food shall be food containing no elements or materials which are not allowed by islamic law or banned from being consumed by Moslems, involdlng food raw materials, food additives, auxiliary materials and other complementary materials including food subjected to genetic engineering and irradiatioo, and 'food processed according to \s\amic \aw. 6. Nutrition shall be substances or compounds which are contained in food, comprising carbohydrate, protein, fat, vitamins and minerals as well as their derivatives beneficial to human growth and health. 7. Food productton sheU be the activities oi producing, preparing, processlng, manufacturlng, preserving, packing, repacking, and or changing the form of food. 8. Food packages shall be the materials used for containing and or packing/wrapping food, whether or not directly touching the relebant food. 9. Food transportation shall be the activities or series of activities for moving food tram one place tor another by whatever transportation means or facilities in the process of food production, distribution and or trading. 10. Food distribution shall be the activities or series of activities for distributing food to society, whether or not for trading. ·11. Food trading shall be the activities or series of activities for selling and or buying food, including offers for selling food, and other activities connected with the transfer of food by receiving· compensation. 12. Anybody shall include Individuals and business units, whether or not in the form of statutory bodies. 13, Indonesian National Standards shall be standards which are determined by the National Standardisation Agency (BSN). CHAPTER II FOOD LABELS Part One General Article 2 f 1) Anybody producing or importing packaged food into the territory of Indonesia for trading shall put labels on in and or as part of toad packages. (2) The labelling as meant in paragraph (11 shall be done In such a way so as not to easily come off, fade or be damaged, and shall be placed in a visible and readable position of food packakes. Artlcle 3 11) The·Jabels as meant in Article 2 paragraph (1) shall contain information on the relevant food. CAFI 66/AU(JUST 18, 2000 (:i.J The information as meant in paragraph ( 11 shall at least have the foUowing details : a.· name of product; h. list of materials used; r:. r,et weight or net content; o. name and address of party producing or importing food into Indonesia; e. date of expiration. Article 4 10 Apurt from the information as meant in Article 3 paragraph (2), certain processed food can be required by the Minister of Health to include other particulars connected with human health in label lnformation prn·suant to this government regulation. Article 5 Cl\ The information and or statements on food in labels, with regard to writing, pictures or any other shapes, shall be true and shall not be misleading. 121 Anybody shall be prohibited from giving information or statements on food being traded through, in and or with tabels if the ,nformation or statements are not true or misleading. Article 6 I 11 Statements on the benefit of food to health in labels shall only be Included if they are supported by scientific facts which can be accounted for. ( :.i: 1 Further provisions on the procedure and requirements. for including stetemens on the benef,t of food to health as meant in paragraph 11) shell be stipulated by the Minister of Health. Article 7 I <1l1!'ls shn/1 not bear statements or information in whatever forms claiming that the relevant food can !•11w111.111 HS a medicine. Article 8 hnyhody shall be prohibited from including names, logos or identities of institutes conducting analyses i,f tt!lovant food products in labels. Article 9 A\\ybody produc·111g or importing packed food into the teritory of Indonesia for trading shall be ,,,ohil>iWd from using labels which fail to meet the provisions stipulated in this government regulation. Article 10 1 Ii Anybody producing or importing packed food into the territory of Indonesia tor trading and declaring that the said food is permissible for Moslems, shall be responsible for the truth of the statement and put the information or word "haltJI" on labels. (21 The statement of "halal" as meant in paragraph (1 I shall constitute an inseparable part of labels. Article 11 (1 I In order to support the truth of the "halal" statement as meant in Article 1 O paragraph (1 I, anybody producing or importing pa~ked 1ood into the territory of Indonesia for trading shall have the said food first examined by accredited inspection agencies pursuant to the faws in force. CAFI 66/AIJGUST 18, 2000 11 (21 The examination as meant in paragraph (1) shall be conducted according to the guidelines and procedures laid down by the Minister of Religious Affairs by taking account of the consideration and suggestions given by competent religious institutions. Part Two Main Part of Labels Article 12 By observing the provision in Article 3 paragraph (2), the main part of labels shall at least contain the following details : a. name od product; b. net weight or net content; c. mime and address of party producing or importing food into the territory of Jndonesia, Article 13 { 1 l The main part of labels shall at lea$t contain writing about the information as meant in Article 12 which are arranged in a orderly, not crowded manners, clearly and placed in an easily readable position. (2! The use of backgrounds, in the form of both picture, colours and other decorartion, which can obscure the writing in the main part of labels as meant in paragraph ( H shall be prohibited. Article 14 The main part of labels as meant in Article 12 shall be placed in the side of packages of food which Hllow the public to easily see, observe and/or read. Part Three Writing in labels · Article 15 Details in labels shall be written or printed by using the Indonesian Janguange, Arabic figures and Latin letters. Article 16 ( 1) The use of languanges, figures and letters other than the Indonesian languahge, Arabic figures and latm Letters shall be allowed as long as their equivalents are not available or can not be made, or in the framework of international trade in food. (2) letters and figures contained in labels shall be clear and easy to read. Part Four Name of food products Article 17 ( 1 J Names of food products shall reflect their true properties and/or conditions. {2} The use of names of certain food products already existing in the Indonesian National Standards can be enforced compulsorily by decrees of technical ministers. (3J In the case of the use of names other than those included in the Indonesian National Standards, the names shall be ordinary or common, by observing the provision in Article 5 paragraph (1 ). CAFI 66/AUGUST 18, 2000 12 Article 18 r 1) in the case of food products already fulfilling the requirements for names of food products stipulated In the Indonesian National Standards, the relevant products can use names of kinds of food products already stipulated. (2) In the case of the names of kinds of food products as meant in paragraph 11) not yet being set forth in the Indonesian National Standards, the relevant food products can use names of kinds of food products stipulated by technical ministers as long as the products fulfil the requirements for the use of names of kinds of the relevant food products. (31 Food products failing to fulfill the requirements stipulated in the Indonesian National Standards or by the technical ministers as meant ln paragraph 11) shall be prohibited from using names ot kinds of food products given to food products already fulfilling the requirements stipulated. Part fi\fe Information on Ingredients Used Article 19 ( J) The information on ingredients used in the activities or processes of production of food shall be mentioned on labels as a 11st of ingredients in the order starting from the ing~edient which has the largest proportion, except vitamins, minerals and other nutritional supplements. (2) Names used for ingredients which are used in the activities or processes of production of food products as meant in paragraph ( 11 shall be names which are normally used. (31 It the names of ingredients which are used in the activities or processed of production as meant in paragraph ( 1 l have already been stipulated in the Indonesian National Standards, the names shall only be allowed to be mentioned on labels in the case of names of the relevant ingredients already fulfilling the requirements stipulated in the Indonesian National Standards. Article 20 ( l I Water which Is supplemented stiatl be contained as a food composition, unless the water is part ot ingredients which are used. ( 2) Water or ingredients in food which wholly evaporate during the processing of food shall not be necessary mentioned. Article 21 The attaching of statements to labels that food has already been supplemented, enriched or fortified by vitarnins, minerals or other nutritional supplements shall not be prohibited as long as the statements are true and not misleading. Artic1e 22. 11) Groups of food additives shall be mentioned onlabels of food containing food additives. {21 If the food additives which are used have names and/or international codes, the names and international codes shall be mentioned on labels of food, except food additives in the form of coloring agents. (3) In the case of food additives being in the form of coloring agents, in addition to the groups and names of food additives, indexes of the relevant coloring agents shall be mentioned on labels. CAFI 66/AUGUST 18, 2000 Part Six Statement On Net Weight And Net Content of Food Article 23 Net weight and net content shall be referred to the following metric units : ,1. measurement of content for liquid food; ii. rneasurernent of weight for solid food; measurement of content or weight for semi¥solid or thick food. Article 24 13 Food using .a liquid medium shall also be accompanied by information on net weight after being deducted by the liquid medium. Article 25 Labels containing information on doses of use shall present information on the net content ol' net wei~Jht per dose. Part·seven Information on Names And Address Article 26 1·11 The name and address of the party producing -food shall be mentioned on labels. (?i With regard to food imported into the territory of Indonesia, in addition to the information as meant in paragraph ( 1L the name and addtess of the party importing food into the territory of Indonesia shall also be mentioned on labels. (.3) If the party which imports food into the territory of Indonesia as meant in paragraph (21 is . different from that distributing the food in the territory of Indonesia, in addition to the information as meant in paragraph (21, the name and address of the distributor shall also be contained in labels. Part Eight Date of Expiration Article 27 · 1, The date. month and year of expiration as meant in Article 3 paragraph (2) shall be clearly mentioned on labels. ; ;; · The date, month and year of expiration as meant in paragraph 11) shall be contained after the words ''best used before", in accordance with kinds and shelf lives of the relevant food: , ·i• In the case of food products having the expiration period for more than 3 (three! months, the rc:forence of only the month and year of expiration shall be allowed. Article 28 Food trading involving food products which surpass the date, month and year of expiration as contained in labels shall be prohibited. Article 29 CAFI 66/AUGUST 18, 2000 Anybody shall be prohibited from ; ;1 erasing, removing, covering, replacing labels of and re•labefing food being distributed; 1, substituting the date, month and year of expiration of food being distributed. Part Nine Registry Number of Food Article 30 14 In tl1e framework of the distribution of food, processed food obliged to be registered in accordance with provisions of laws in force, which are produced in the country and imported into the territory of Indonesia, shall have the registry numbers mentioned on labels of the relevant food. Part Ten Information on Production Code of Food Article 31 ( 1 J Production codes of processed food shall be contained in labels, containers or packages of foods and be placed in a position easy to see and read. (7.1 The production codes as meant in paragraph (11 can at least provide information on the production history of the relevant food. Part Eleven Information on Content of Nutrition Article 32 ! 11 Information on the content of nutrition of food shall be contained in labels of the food : a. being accompanied by statements that the food contains vitamins, minerals and or other kinds ot nutrition supplement; or b, being required on the basis of provisions of laws in force in the fields of food quality and nutrition, to supplement vitamins, minerals and/or other kinds of food nutrition. !?I The information on the content of nutrition of food as meant in paragraph (1) shall be contained in the following order : a. total volume of energy, with specification based on amounts of energy which are derived from fat, protein and carbohydrate. b. total volumes of fat, saturated fat, cholesterol, carbohydrate, fiber, sugar, protein, vitamins and minerals. , ~{• If the labeling of content of nutrition is used for certain food products, labels of the food shall cm1tain the following matters; a. dose of use; b. volume of doses per package; c, conte nt of energy per dose of user; d. content of protein per dose (in gram); e. content of carbohydrate per dose Cin gram); t. content of fat per dose (in gram); g .. percentage and figures of nutrition adequacy number recommended. Article 33 i 1) The statements on labels that foods is a source of a nutrition substance shall not be prohibited CAFI 66/AUGUST 18, 2000 16 as long as the volume of nutrition in the relevant food la \at least 10% higher tha1i the recommended dally nutrition adequacy volun1e In a dose fort~ food. (2) The statements on labels that food contains a nutrition substance v,ore superior than other food products, shat be prohiblted, Part Twelve Information on lnadltlon of Food an.d Ganetlc Engln;rlng Artlole 34 (1J The words IRRADIATED F000 1 aim of irraditlon shall be contained at labela of food subJeot to irradiation treatment, and In the case of the food being not allowe to be Irradiated again, the words NOT TO BE RE-IRRADIATED must bo contained. (2) In the case of food subject to the irradiation treatment aa m ant In paragrllJ:)h 111 belng ingredients used in certain food products, the information on he Irradiation treatment of ingredients which are irradiated on labels shall be enough, (3) In addition to the writing aa meant In paragraph /1), special logos of lrradl6ted food can alao be contained in labels. (41 Besides information as meant in paragraph (1 L the following matters ahall be contained ln labels: a. name and address of the Irradiation service provider, In the caae of Irradiation not being done by the producer of food; b. date of Irradiation In month and year; c. name of country when, irradiation ia done; Artlcla 35 ( 1 J The words GENETICALLY ENGINl:EREO FOOD shall be contained In lab,ls of food resulting 1rom genetic engineering. f2J In the case of food which results from genetic enginee,ing ff meant In paragraph 111 belng ingredients used in certain food products, the information on genetlcally engineered Ingredient• of foods resulting from the genetic engineering on labels shall be enaugn. (31 In addition to the writing as meant in paragraph (1 ), special logos of food resulting from genetic engineering can be contained in labels. Part Thirteen lnfotmation on Food Made of Natural Raw Materiets Article 36 ( 1 > Food made of natural raw materials can be given labels contalnint information that the food Je derived from the natural ingredfents in the case of the food containing: the relevant: natural raw materials not less than the minimum content &et forth the lndonffian Nltlonat Standards. !2) Labels of food made of natural raw materials subject to a follows up proce .. , &hall 9ive information showing that the relevant raw materials have already been tubject to the follow up prosess. Article 37 CAFI 66/AUGUST 18., 2000 16 In the case of food being made without using or partially made of natural raw materials, the inclusion of statements or information that the relevant food is wholly made of natural raw materials in labels of Hie food shall be prohibited. Part Fourteen Other Information On Certain Processed Food on labels Article 38 lntormation on labels on processed food for infants, children below .. five, pregnant or breast feeding mothers, people on special diets, elders and sufferers of certain diseases, shall contain information on the allocation, 'method of use and/or other necessary instructions, including impacts of the food on human health. Article 39 111 Information on the method of preparation and/or use shall be contained in labels of processed food which needs a special method of preparation and/or use. i?.) In the case of information as meant in paragraph {1) being impossible to contain in labels, the · infofniation shall at least be put on containers or packages of food. Article 40 11 the quality of certain food is dependent on a method of preparation or needs a special method of storage, directives •. on tne method of storage shall be contained in labels. Article 41 l.abols of ·food made of semi-finished or finished ingredients shall be prohibited frpm containing information or statements that the food is made of fresh materials. Article 42 Furrher provisions required tor the implementation of the provisions as meant in Articles. 39, 40 and 41 shall be stipulated by the Minister of Health. Part Fifteen Information on Food Additives Article 43 : 1 i In addition to information as meant in Article 3 paragraph {1), labels of food additivies shall contain the following matters : c1. writing of food additives; b. names of groups of food additives: c. names of food additivies and/or international code numbers owned. 12) The Minister of Health shall further stipulate the procedures and requirements for labels of food additives.· CHAPTER Ill ........ . To be continue GENERAL THE PRESIDENT OF THE REPUBLIC OF INDONESIA CAFI 66/AUGUST 18, 2000 WARTA CAFI 67 AUGUST 22, 2000 42nd YEAR ····· ·······---···-··---• *** OFFICIAL ANNOUNCEMENT *** :::::-;::;;::=::::=::::::.:::=:=-= GENERAL. THE PRESIDENT OF THE REPUBLIC OF INDONESIA GOVERNMENT REGULATION NO: 69/1999; DATED: JULY 21. 1999 RE FOOD LABELS AND ADVERTISEMENTS (Continuation From Warta CAFf No. 66) CHAPTER m FOOD ADVERTISEMENTS Part One General Article 44 i l) Every advertisement of food which ls traded shall contain true and illum.inating information on food, both in the form of pictures and/or voice, statements and/or any other forms. t2i Every advertisement of food shall not contravene norms of decency and public order Article 45 1 ·!; Anybody producing and/or importing food into the territory of Indonesia for trading shall be prohibited from incJuding untrue and/or misleading statements and/or information in advertisements. 12) Publishers, printers, licencees of radio or television broadcasting, agents and/or any medium used for disseminating advertisements shall share responsibility for the contents ot untrue advertisements, unless the relevant parties have already taken actions needed to <~xamine the truth of contents of the relevant advertisements. 1:Ji For the interest of supervision, publishers, printers, licencees of radio or television broadcasting, agents, and/or any medium used for disseminating advertisements shall be prohibited from keeping in secrecy the identities, names and addresses of advertisers. Article 46 Anybody stating in advertisements that food traded is in accordance with requirements of certain reHgions and beliefts shall be responsible for the truth of the statement. Article 47 : Ii Advertisements shaH be prohibited from being made in whatever forms for broadcasting CAFI 6 7.IA UGUST 22, 2000 2 and/or dissemination to society by means of discrediting other food products. I 2) Advertisements shall be prohibited from merely displaying children below 5 {five) in whatever forms, unless the food is designed for children below 5 {five). ~·3: Advertisements of certain food containing high~grade ingredients which can endanger and/or disturb the growth and/or development of children shall be prohibited from being published through whatever media specially intended for children. i"li Advertisements of food for infants up to 1 (one) year old shall be prohibited from being published in mass media, except in special printed media for health, after securing approval tram the Minister of Health, and information that the relevant food is not a substitute for mothers' rnilk must be contained in the relevant advertisements. Part Two Advertisements of Food Connected with Nutrition and Health Article 48 Statements in whatever forms on benerjts of food to health which are contained in advertisements 1n niass media shall be accompanied by information supporting the statements on the relevant advertisements clearly so as to be easily understood by society. Article 49 , 1 l Advertisements in mass media stating that the food is food designed for people on a special diet shall contain elements of food supporting the statement. , 2i In addition to information as meant in Sub-section { 1) advertisements shall also contain information on contents of food nutrition as well as impacts which may arise if the food is consumed by other people who are not on a special diet. Article 50 Advertisements shalf be prohibited from containing information or statements that the food Is a source of superior energy and promptly produces strength. Part Three Advertisements of Food for Certain Groups of People Article 51 Advertisements of food for infants and/or children below five shall contain information on iii, indication. ·?, In addition to information as meant in Sub-section ( 1 ), the advertisements shall also contain v.carrnngs about the negative impacts of the relevant food on health. Article 52 /1rlvrntisements of processed food containing materials which can disturb the growth and/or health ul children shall contain warnings about the negative impacts of the food on the growth and health of children. CAFI 67/AUGUST 22, 2000 3 Article 53 Advertisements shall be prohibited from containing statements of information that the relevant food c;,n function as a medicine. Part Four Advertisements Connected With Origin and Nature of Food Materials ArticJe 54 Advertisements of food which is made without or partially uses natural raw materials shall be prohibited from contc1ining statements or information that the relevant food is wholly made of natural raw materials. Article 55 Advertisements of food which is made of semi-finished ingredients or finished ingreadietns sha(( bt1 prohibited from containing statements or information that the relevant food is made-of fresh materials. Article 56 Advertisements containing statements or information that the food has already- been enriched by vitamins and other nutrition supplements shall not be prohibited, as long as the enrichment is done correctly upon the processing of the food. Article 57 Food made of or derived from certain natural materials can only be adversitised as the foad derived from the natural raw materials, in the case of the food containing the relevant natural.minerals not less than the minimum requirements set forth in the Indonesian National Standards. Part Five Advertisements of Alcoholic Drinks Article 58 i ·1) Anybody shall be prohibited from advertising alcoholic dri~ks in whatever mass media. 121 The alcoholic drinks as meant in Sub•section ( 1) shall be drinks containing ethanol IC2H50H) which is more than or equal to 1 % (one percent). CHAPTER IV SUPERVISION Pan Five Institution Article 59 Supervision over the implementation of provisions on labels and advertisements shall be done by the Minister of Health. CAl-1 6JAUGUST .22, 2000 Part Two Inspectors Article so 4 t; I In implementing the provision as meant in Article 59, the Minister of Health shall appoint officials for executing taks of inspection. { 2) The inspectors as meant in Sub-section ( 11 shall be selected and appointed by the Minister of Health on the basis of certain expertise mastered. (3) The inspectors as meant in Sub-section (1) shall be appointed and relieved by the Minister of Health. CHAPTER V ADMINISTRATIVE SANCTIONS Article 61 r 1 i Anybody violating the provisions as meant in this government regulation shall be subjected to administrative sanctions. i 2 l fhe administrative sanctions as meant in Sub-section ( 1) shall include : (31 {4) a. written warnings; b, prohibition from distributing food products for a certain period and/or order to withdraw food products from distribution; c. destroying food if the food is proven to endanger health and human life; d. discontinuation of production for a certain period; e. imposition of a fine totalling Rp. 50,000,000,00 .(fifty million rupiahs) at the maximum, and/or. f. revocation of production or business licences. The administrative sanctions as meant in Sub-section (2) letters, b, c, d, e and f can only be imposed after the written warnings as meant in Sub-section (2) letter is issued three times. The administrative sanctions as meant in Sub-sections (2) and (3) can be imposed by technical ministers in accordance with their areas of ~uthority on the basis of input 'trom the Minister of Health. CHAPTER VI TRANSSITIONAL PROVISION Article 62 Upon the enforcement of this Government Regulation, all Acts on labels and advertisements already existing and contravening this Government Regulation shall be declared null and void. CHAPTER VII SPECIAL PROVISION Article 63 The provisions on labels and advertisements as meant in this government regulation shall not be effective tor : . a. food whose package is too small, so that it is impossible to contain all kinds of information as meant in this government regulation; b. food directly sold and packed before buyers in a small number; c, food sold in a large amounts (bulk); CAFI 6 7/AUGUST 22, 2000 CHAPTER VIII CLOSIN.G PROVISION ~rticle 64 5 This government regulation shall come into force 1 (one) year as from the d~te of promulgation. For public c.ognizance, this govi:,rnrnent regulation shall be promutgatt,d by plac)ng it in State Gazette of the Republic of lndonesi~. . Promulgated in Ja.k,nt~ On July 21, 1999 Stipulated in Jak,iirta On July 21, 1999 THE MINISTER OF STATE/SECRETARY sgd THE PRESIDENT OF THE REPUBLIC OF INOONESIA sgd MU LAD I BACHARUDDIN JUSUF HAJ31B1E STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 1999 NO, 131 GENERAL ELUCIDATION ON GOVE~NMENT REGULATION NO. 69/1999 CONCERNING .FOOD LABEL$ ANO ADVERTISEMENTS The creation of fair and responsib!e trade in food is one of the important aims of regulation, fostering and control in food affairs a$ expe.cted by Act No; 7/1986. One of the efforts to achieve orderly regulation in food affairs is the regulation in food labels and advertisements, which in praGtice have not yet secured proper Stipulation so far. Many kinds of food circulating in society without observing the provisions on the containing ot labels have caused- anxienty. Trade in expiring food, the use of coloring agents not allocated to food or other actions which inflict losses on communities, an~ even can threaten the health and safety of human life, mainly children a,e generally done through deception on labels or through advertisements. Food labels and advertisements which are dishonest and misleading cause adverse effects to the development of human health. With regard to food lab.els and advertisements, the public need to obtain true, clear and crnnplete information on the qu2Jntity, content, quality and other necessary matten;; of food circulating on the market. Information on food labels or advertisements is badly needed by society so that every individ.ual can accurately deter.mine preference before purchasing and/or consuming food. Without clear information, deceits can happen. Fair and responsible food trade is not solely to protect the interests of society consuming food. Through appropriate regulation along with harsh sanctions, anybody producing food or importing food into the territory of Indonesia tor trading is expected to obtain protectioJ:1 guarantes for legal certainty. Competition in food trade is regulated so that parties producing food and advertising agencies are obliged to make advertisements in a true manner and avoid misleading society by puttin food labels and advertisements which must contain honest information on food. C1-t.CI 67.-'.AUGUST 22, 2000 6 The government is aware that the development of food technology really affects the labeling of food. The development is impossible to totally covered through this government regulation. Nonetheless, the matter is also impossible to ignore without opening opportunity for further regulation. Under such circumstances, the government regulation at the same time instructs the institutions concerned to regulate the matter if necessary. Regulation of the matte{ is ad\USted to the scope of tasks and authority of the relevant institutions. Net only matters connected with health need to be informed in a true and illuminating manner through food labels or advertisements, but also spiritual protection need to be given to society. Moslem society is the majority of Indonesia's total population who need to be protected specially and non~discriminatodly by regulation on halal (permissible food). Nonetheless, interests of followers of other religions and beliefs continue to the protected through responsibility of the party producing food or importing food into the territory of Indonesia for trading for the said purpose. In addition to infonnat\on ob\iged to be mentioned or, \abe\s as \\ite\ided b'J A~tic\e 30 Sub :;ec1 io 11 (2) of Act No. 7/1996 on food, other matters shich are possible to inform to society are <1lso regulated. To' accomodate the regulation, rudiments of regulation coneccted with labels of 11utrition for the interests of certain groups of society are stipulated by this government regulation. Further regulation is entrusted to the Minister of Health who is more knowledgeable about aspects ur public hearth, including side effects of certain food on health of certain groups of society. It has already been described previously, impacts of food consumed on human health need 1" LH· cdutioned. Therefore food advertisements need to be regulated specially and controlled prupe1ly through this government regulation. The exploitation of children below five are firmly prol11bited in advertising food which is not specially designed for consumption by them. The prnt1ibn1on is badly needde to . avoid chik\ren irnrn the impacts oi negat\\le or rn\s\ec1d 9 ,.HJvert1sernents easily accepted by children who are naturally not yet able to distinguish between qood and bad things. · This governrnent regulation requires labels to be written by in the Indonesian languange. ,\1 at,H: figures and Latin letters. The provision is effective for not only food produced in the country iH1t dlso food imported into the territory of Indonesia for trading. This regulation is aimed at ensuring that information on food can be understood by alt groups of society, in both urban and Ii Ifill dnlcl.S, Without ignoring regulation which has already been contained in laws on health, the '.rwenirnent regulation on food \abe\s and ad\lertisements as tne imp\ementat\on 01 A.ct No. , / i SSu ,;once1 ning food constitutes a complement to the regulation already existing. The aim of regulation is to further guarantee legal certainty for society consuming food. Finally, the integration of tasks in the field of supervision over the implementation of this government regulation is heavily dependent on the capacity of state apparatus to avoid the occurence of excesses which are not expected, ARTICLE BY ARTICLE Article 1 Se\i-exp\anatorv. Article 2 Sub-section f 1 t C/1,r:/ 67/AUGUST 2?., 2000 Self-explanatory. Sub-section ( 2) Self-explanatory. Article 3 Sub-section (1) Self-explanatory. Sub-section (2) Self-explanatory. Article 4 7 "Certain processed food" as meant in this provision is processed food designed for consumption by certain groups, formula milk tor babies, food for pregnant and breast feeding mothers, special food for sufferes from certain diseases, or other food of the kind which considerably affects the quality of growth of human health. Article 5 Sub-section I 1 ) Incorrect/false information is information whose contents contravene the actual fact or which contains no information needed in order to give a true description of impression of food. Misleading information is statement connected with matters, like the nature: price, ingredient, quality, composition, benefit or security of food which is true in fact but can cause a decription misleading the understanding about the relevant food. Sub-section [2) Self~explanatory. Article 6 Sub-section { 1 ) Referred to in this government regulation as a statement (claim) on health benefit is a statement that a certain food product contain certain nutrient and/or non-nutrient substances which are benefical if the food is consumed or not consumed by certain groups, e.g. for children below five, elderly people, pregnant and breast feeding mothers etc. The definition of the statements can only be contained in labels or advertisements if the matters can scientifically be accounted for among others, through a laboratory or clinical tests. Sub-section (2) Self-explanatory. Article 7 This provision is also effective for food which on the basis of scientific facts benefits health and may not be advertised as a medicine. Article 8 Seit-explanatory. C/.IFI 67;AUGUST 22, 2000 B Article 9 Self-explanatory. Article 10 Sub-section 11) The inclusion of the information or word "halal" in food labels is an obligation in the case of the party which produces and/or imports food into the territory of Indonesia stating (claiming) that the product is halal for moslem people. The use of langoages or letters other than the Indonesian language and latin letters must be accompanies by their equivalents in the' Indonesian language and latin letters. Information on halal food has a very important meaning and is intended to protect society embracing the islamic religion so as the preven food consumption prohibited by the Islamic law (haram). The truth of a statement of halal on food labels is not only proven on the basis of raw materials, food additives or auxiliary materials used for producing food, but also can be proved in the production process. Sub-section (2) Self-explanatory. Article 111 ) Sub-section (11 The inclusion of the word halal is basically voluntary in nature, However, anybody, producing and/or importing food into the territory of Indonesia for trading stating that the food halal, in accordance with the provision the procuder and/or importer are obliged to put the word halal on labels of the products. In order to avoid any doubt among Moslem people about the truth of the statement of halal as well as to ensure the continuity or progress of their business, it is appropriate if the food stated halal is first examined by institutions already accredited by the National Accreditation Commitree (KAN). The examination is intended to calm and convince of Moslem people that food to be consumed is safe from the religious perspective. Sub-section (21 The religious institution is the Indonesian Ulemas Council. This guidance is general in nature and among others include the requirements for ingredients, processes and products. Article 12 Main part of labels means the part of labels containing important information to be conveyed to consumers. Article 13 Sub-section (1) In addition to the three kinds of information as meant in this provision, information on halal can be mentioned in the main part of food labels so as to be easily seen and known by society wishing to buy the food. Sub-section {2) Self-explanatory, CAFi 67/AUGUST 22, 2000 9 Article 'l 4 Self explanatory. Article 15 nw provision is mtended to require processed food traded in Indonesia to use labels in the 1ndones1an language. Food destined for export can be excepted from this provision. Article 16 Sub-section f 1 l Self -explanatory. Sub-section (21 Self-explanatory. Article 17 Sub•section I 11 Self-explanatory. Sub-section 12) Seff-expfanatory. Sub-section (31 With the development of food technology, there are certain food products which have no or do not yet have names of products, e.g. snacks like chiki, tazzos etc. Therefore the kinds of food products, like snack, are sufficient to mention. The provision only allows the use of foreign languages in a limited manner, namely rn the case of their equivalents being not found in the Indonesian language. Article 18 Sub-section {1) Self-explanatory. Sub-section 121 Self-explanatory. Sub-section {31 Self-explanatory, Article 19 Sub-section (1 l Self-explanatory. Sub-section (2) Self-explanatory. Sub-section (3) Self-explanatory. Article 20 Sub-section ( 1 ) By mentioning the volume of water used as a mixture a certain food product, anybody to CAFI 67/AUGUST 22, 2000 r.onsume the food can be informed of net weight of the relevant food. Sub-section ( 2) Self-explanatory. Article 21 10 The use of the words "not misleading" implies that eventhough the enrinchment or fortification of vitamins, minerals or nutrition is done truthfully upon processing, but the inclusion of statement of tho enrinchment remains possible to mislead, e.g. due to the relevant food, the consumption pattem. the enrinchment brings no benefits to consumers, except commercial benefits obtained by producers. Article 22 Sub-section ( 1) The inclusion of names of groups of food additives is needed to ensure that anybody consuming the food can clearly by informed of the kinds of food additives which are used. Sub-section 12) The obligation to mention international code numbers facilitates anybody producing or consuming certain food and at the same time eases the supervision. ·sub-section (3) Self-explanatory. Article 23 Self-explanatory. Article 24 Referred to as net weight after being deducted by a liquid medium is the net weight of food in a condition not mixed with water (weight after being drained). Article 25 Self--explanatory. Article 26 Sub-section ( 11 Self-explanatory. Sub-section (2} The provision is intended to ensure that consumers can obtain information on the origin or importers of the relevant food in Indonesia. Sub•section (3) Tt,e provision is intended to ensure that consumers can obtain correct information on both importers and distributors of the relevant food. Article 27 ......... . To be continue CAFI 67/AUGUST 22, 2000 WARTA CAFI 68 AUGUST 25, 2000 42nd YEAR ·····-· -.. ·--- .. -·• .. ········--·----------------------..,---, * ** OFFICIAL ANNOUNCEMENT ** * GE.NE RA L · .. THE!,PRtSIDENT·OF.'fHE REPtJBUC OF IND'ONl:SJA GOVERNMENT REGULATION:·. Article 27 Sub-section f1') • Self-explanatory Sub.~sectlort 121 · NO: 69/1999: DATED : JULY 21, 1999 ·RE · FOOD LABELS AND ADVERTISEMENTS · !Continuation FromWai:-ta CAFl'·No.,67), · Eventhoughthe word used is '!best used before" it does not reduce·the meaning of the provision c:in ·the prohibition from tradirig food surpas.sing the expiration period." Sub-section (3) Self-explanatory. Article 28 Self-explanatory. Article 29 Self-explanatorv. Article 30 Food Registry Numbers are numbers granted to processed·food as niea.nt·io·this provision in the framework of the distribution of food. · · · Article 31 Sub-section (1) Self-explanatory. Sub-section 12) " History of production" means the explanation on the production period or series of links in production chains. Article 32 Sub-section ( 1} Self-explanatory. CAFI 68/AUGUST 26. 2000 Sub-section {21 Letter a Self-explanatory. letter b 2 The definition of total volume is only effective for calorie, fat and carbohydrate. For calorie, the total volume means. the total calories derived from fat, protein and carbohydrate. For fat, it means the total fat, while for carbohydrate 1t means the total carbohydrate. Sub-section (31 The figure of nutrition adequacy recommended which is widely known as Dietary Allowance Nutrients is a definition in the food affairs adopted by Indonesia, whose calculation is based on the consum·ption pattern of food and the need of Indonesian people for nutrition, which in this case is different from that prevailing in other countries because of differences in geographical condition, consumption patterns etc. Article 33 Sub-section (11 This article prohibits the inclusion of statements on food labels that certain food is source of a certain kind of nutrition, except the volume of nutrit,on in the said food at teast accounts for 10% of the total volume of the daily nutrition recommended in a dose. The provision on the minimum volume of certain kinds of nutrition allowed is stipulated in the Indonesian National Standards. In the case of the stipulation being not yet available, 1:he Mini$ter of Health is authorized to stipulate the minimum volume which must be fulfilled in certain food products. Sub-section 12) Self-explanatory, Article 34 Sub-section (11 Seit-explanatory, Sub-section (2} With this provision, the word IRRADIATED FOOD needs not be contained in the food, but it is sv,ficient to mention information that ingredients used in the food have already been, trnated by irradiation. Sub-section (3) Self-explanatory. Sub-section {4) Self-explanatory. Article 35 Sub-section I 1) Self-explanatory. Sub-section {21 With this provision, the word GENETICALLY ENGlNEERED FOOD needs not be contained, but it is sufficient to mention information that ingredients used in the food results from irradiation .. Sub-section (3) Self-explanatory. Article 36 Sub-section 11) Self-explanatory. Sub-section (2) Self-explanator-y. Article 37 Self-explanatory. Article 38 Self-oxplanatory. Article 39 Sub-section ( 1) 3 The inclusion of information on procedures for the preparation and/or use of processed food needs to be made clear and easy to understand, especially for order steps to ensure that the relevant food can be consumed in accordance with its purpose:~ as well .as to avoid mistakes in the preparation, Sub-section 12) Self-explanatory. Article 40 Information on procedures for storage is very crucial for consumers, because any mistake in procedures tor the storage can accelerate degradation in the quality of food or make the food easy to decay, for example the quality of food which must be stored in a cool place will decline in the quality .if.teh fop~ is not stored in a refrigerator or a cool place, Article 41 Self -1~xplanatory. Article 42 SF!lf--e~planatory. Article 43 ~ub-se<:t io.n (11 Self-explanatory. Sub-section 12) The technical direc:tives, among others, regul~te the following matters : . . . I. Food containing food additives of the anti-oxidant group, artificial sweeteners, pr°eservatives and seasonings must also mention names of food additives and special index numbers of coloring agents. 4 2. Warnings. eq. excessive consumption has a laxative effect, artificial sweeteners of the aspartame group carry phenylketonuric warning : contain phenylalanin; labels of artificial sweeteners and food containing artificial swe~teners, the'Writing that the foo.d is designed for diabetics and/or people who need tow ·calorie' food. 3. For artificial sweeteners, the equivale.nt of sweeteness is compar-ed to\ii:1:Jgar:: . .. 4. Tt1e writing that sugar and artificial sweeteners are contained/"if the food also cont<;liflS sugar, besides artificial sweeteners. Article 44 Sub-section { 11 Self ·explanatory. Sub-section (21 Sel1-exp\anatorv. Article 45 Sub-section l 1 I Self.explanatory. · Sub~sectron t2l Self-explanatory. Sub-section {3) Seit-explanatory. Article 46 Sri I/ -explanatory. Article 47 Sub~~H:i"ction· f1 l "Other food products" mean food pi-oducts traded by tradtf marks. The prohibition ·from discrediting other products ls intended to allow consumers freedom to choose on the basis of their knowledge about a certain food product without being influence'd · by advertisements which discredit other products of the similar kind. Sub-section (21 This provision is intended to avoid the exploitation of children in food odverUsements, especially adverti6ements whtch solelv feature children below five not tor food specially designed tor children of the age group. In the context of food advertisements, children below five can be featured 'but they are featured in a wider context, e.g. along with the family. Sub-section (3l This provision is intended to prevent the increase in consumption of certain processed food containing high-grade ingredients, like monosodium glutamate (MSG), sugar, fat or carbohydrate, which can endanger or disturb the growth and/or development of children. Sub-section (4) The approval of the Minister of Health as meant in this pacagraph constitutes the appw\la\ of material of advertisements, so that the dissemination of information on food designed CAFI b/11AUGIJST 25, 2000 5 for infants can be better selected and soley done to further increase the use of mothers' milk. Food designed for infants means infant milk, excluding complementary food of mothers's milk, like infant porridge. Article 48 Self-explanatory. Article 49 Sub-section ( 1 ) Self-explanatory. Sub-section (2) Self-explanatory. Article 50 Self •explanatory. Article 51 Sub-section I 1 J Referred to as food needed by infants in this provision is complementary food of mothers's milk, like infant porridge, excluding food substituting mothers's milk which is commonly known formula milk for infants. Sub-section 121 Self-explanatory. Article 52 S elt-e x p la nato ry. Article 53 Food is different frorm a medicine and each has specific characteristics, namely food is not curative. while a medicine is curative. Food can not function as a medicine so that to advertise food as a medicine is an action to cheat consumers. ,Article 54 · Self explanatory. Article 55 Self-explanatory. Article 56 Sf~lf-explanatory. Article 57 Self explanatory. Article 58 Sub-section ( 1) Alcoholic drinks mean drinks containing ethanol (C2H60H) which can be traded, in accordance with the provisions of laws in force. 6 Sub~sectlon (2) Self-explanatory, Article 59 The supervisory authority of the Minister of Health as stipulated in this provision is in the case of supervision over the compliance with or fulfilment to the provisions in this government regulation by information or statements on labels and advertisements circulating in society. Article 60 Sub-section ( 1) Self•explanatory. Sub-section {2) Seit-explanatory. Sub-section 13) Self-explanatorv. Artlde 61 Sub-section { 1) Self-explanatory. Sub-section (2) Seit-explanatory. Sub-section (31 Self-explanatory. Sub-section 141 Self-explanatory. Article 62 Self-explanatory. Article 63 Letter a The exception is only meant tor tood products whose packages are too small, so that they a,e difficult technically to contain all information required as effective for other products which are commonly put into bigger packages by the partv producing the relevant food so as to be capable of containing information as meant in this government regulation. Apart from that, the name and address of the producer need to be contained in food products packed in very small containers. Letter b Self.explanatory. Letter c Food in a large amount (bulkl means food packed in a container so that the net volume of the relevant food is more than 500 liters or the net weight of the relevant food is more than 500 kilograms, GAF! 68/AUGUST 25, 2000