Regulation of the Minister of Health No. 30/2013 on the obligation of inclusion of a Message on the label for food containing Salt and Fats, as well on Processed Food

THE INCLUSION OF SUGAR, SALT AND FAT CONTENTS AS WELL AS HEALTH MESSAGE ON PROCESSED FOODS AND FAST FOODS (Regulation of the Health Minister No. 3012013 dated April 13, 2013) I BY THE GRACE OF GOD ALMIGHTY In view of : THE HEALTH MINISTER OF 1. Law No. 8/1999 on Consumer Protection (Stat THE REPUBLIC OF INDONESIA, ute Book of 1999 No. 42, Supplement to Statute Book No. 3821); 1 Considering : i . the public need to be protected against the risks 2. Law No. 36/2009 on Health (Statute Book of of non-communicable diseases particularly hy- 2009 No. 144, Supplement to Statute Book No. ■ pertension, stroke, diabetes and hearth attack caused by excessive sugar, salt and fat intakes, among others; 3. 5063); Law No. 18/2012 on Food (Statute Book of 2012 . one of the efforts to reduce the risks of non communicable diseases is educating the public 4. No. 227, Supplement to Statute Book No. 5360); Government Regulation No. 69/1999 on Food La 1 through the inclusion of sugar, salt and fat con tents as well as health message on processed foods and fast foods; bels and Advertisements (Statute Book of 1999 No. 131, Supplement to Statute Book No. 3867); . Government Regulation No. 28/2004 on Securi c. based on the considerations as referred to in let ters a and b, it is necessary to stipulate Regula tion of the Health Minister on the Inclusion of ty, Quality and Nutrition of Food (Statute Book of 2004 No. 107, Supplement to Statute Book No. 4424); Sugar, Salt and Fat Contents as well as Health Message on Processed Foods and Fast Foods; 6. Presidential Regulation No. 24/2010 on the Posi tion, Tasks and Functions of State Ministry and Organizational Structure, Tasks and Functions of 38 ; Business News 8622/10-31-2014 Echelon 1 Officials of State Ministry; 7. Decree of the Health Minister No. 364/Menkes/ SK/III/2003 on Health Laboratory; To stipulate : REGULATION OF THE HEALTH MINISTER ON THE INCLUSION OF SUGAR, SALT AND FAT CONTENTS AS WELL AS HEALTH MESSAGE ON PROCESSED FOODS AND FAST FOODS. 3. Regulation of the Head of Drug and Food Super visory Board No. HK.00.06.51.0475/2005 on Guide to Including Nutrition Value Information on Food Labels as already amended by Regulation of the Head of Drug and Food Supervisory Board No. HK.03.1.23.11.11.09605/2011; 9. Decree of the Health Minister No. 298/Menkes/ SK/III/2008 on the Accreditation of Health Labo ratories; CHAPTER 1 GENERAL PROVISIONS Article 1 Referred to in this Ministerial Regulation as : 1. Processed food is a food or beverage as a re sult of process through a certain way or method with or without food additives including certain processed foods, food additives, genetically engi neered food products and irradiation foods. 10. Regulation of the Health Minister No. 1144/ Menkes/Per/VIII/2010 on the Organization and Work Mechanism of the Health Ministry (State Gazette of 2010 No. 585); 11. Regulation of the Health Minister No. 1096/Menk es/Per/VI/2011 on Sanitary Hygiene of Food and Beverage Services (State Gazette of 2011 No. 372); 12. Regulation of the Trade Minister No. 7/M-DAG/ PER/2/2013 on Partnership in Franchise for the Business Types of Food and Beverage Services; 2. Fast food is a food and/or beverage that has been processed and is ready to be directly served in side or outside business site based on an order. 3. Sugar is the total amount of nnonosaccharide and disaccharide (glucose, fructose, sucrose, lactose) found in food. 4. Salt is mineral compound, with natriunn and chlo ride as main elements stated as total natriunn orig inating from food materials and food additives. 5. Fat is total fat depicting all contents of fat acid, stated as triglyceride originating from food mate DECIDES: rials and food additives. Business News 8622110-31-2014 39 6. Food label is any piece of information on food in the form of picture, text, a combination of both or other form attached to food, inserted into, stuck to, or being part of food packaging. 7. Anybody is an individual or corporate, either in the form of legal entity or not. 8. Non-communicable disease is a disease which is not caused by infection process, including heart and blood vessel disease, diabetes mellitus and other metabolic diseases, chronic disease, and degenerative such as kidney disorder and cancer. 9. Franchise business is a fast food business run by individual or corporate body given special right to business system with the typical characteristics of business in order to market a product that has proven successful and can be used and/or utilized by other party based on a franchise agreement. hereinafter called the Head of the Body, is the head of the body whose tasks and responsibilities cover drug and food supervision. Article 2 The inclusion of information about sugar, salt and fat contents as well as health message on pro cessed foods and fast foods is aimed at reducing the risks of non-communicable diseases particularly hy pertension, stroke, diabetes and heart attack by im proving consumers' knowledge about sugar, salt and/ or fat intake on processed foods and fast foods. CHAPTER ll THE INCLUSION OF INFORMATION ABOUT SUGAR, SALT AND FAT CONTENTS AS WELL AS HEALTH MESSAGE Part One Processed Foods Article 3 (1) Anybody that produces processed foods contain 10. Information and promotion media are media or ing sugar, salt and/or fat for trade shall include means containing information or statement on ' information about sugar, salt and fat contents as food in the form of picture, text or other forms well as health message on the food labels. made through various ways to market and/or ' trade food. ' (2) The obligation to include information about sugar, salt and fat contents as well as health message 11. Minister is the minister carrying out government on food labels as referred to in paragraph (1) is affairs in the health field. carried out in stages according to the types of processed foods by considering the risks of non 12. Head of the Drug and Food Supervisory Board, communicable diseases. 40 Business News 8622/10-31-2014 (3) Further provisions on the types of processed sugar, salt and fat contents as well as health mes foods as referred to in paragraph (2) are to be sage through the information and promotion me provided for in a ministerial regulation. dia. (4) The inclusion of information and health message (2) The fast foods as referred to in paragraph (1) are on food labels as referred to in paragraph (1) is produced by franchise businesses which accord done according to the law and regulation. ing to the law and regulation have more than 250 (two hundred and fifty) outlets. Article 4 (1) The information about sugar, salt and fat con- (3) The information and promotion media as referred tents as referred to in Article 3 paragraph (1) to in paragraph (1) can be in the form of leaflet, consists of total sugar, total natrium and total fat brochure, menu book, or other media. contents. (4) Provisions on information about sugar, salt and (2) The health message as referred to in Article 3 fat contents as well as health message for fast paragraph (1) reads "Consuming sugar more than foods shall comply with provisions in Article 4. 50 grams, natrium more than 2,000 milligrams, or total fat more than 67 gram per person per Part Three day runs the risk of having hypertension, stroke, Laboratory Test diabetes, and heart attack". Article 6 (1) The inclusion of information about sugar, salt and , (3) The information about sugar, salt and fat con- fat contents shall be based on the result of a labo tents as well as health message as referred to in ratory test conducted at an accredited laboratory paragraphs (1) and (2) shall be easily and clearly according to the law and regulation. read by consumers. Part Two for fast foods is only conducted by franchisor. Fast Foods Article 5 (3) The laboratory test as referred to in paragraph (2) (1) Anybody that produces fast foods containing sug- is only done for one occasion for each type of fast ar, salt and/or fat shall provide information about food as long as there is no change in product. Business News 8622/10-31-2014 41 CHAPTER III GUIDANCE AND SUPERVISION Article 7 (1) The Minister, Heads of Provincial Health Offices, and Heads of Regency/Municipal Health Offices shall guide the implementation of this Ministerial Regulation according to their respective tasks and functions. (2) The guidance as referred to in paragraph (1) is directed towards : a. improving the knowledge and awareness of the public about the risks of non-communica ble diseases caused by excessive sugar, salt and fat intakes; and b. encouraging anybody producing processed foods and fast foods to include information about sugar, salt and fat contents as well as health message on food labels. (3) The guidance as referred to in paragraph (1) is done through: a. advocacy and familiarization; b. monitoring and evaluation; c. technical guidance; and/or d. improving work and partnership networks. Article 8 (1) The Head of the Board supervises the inclusion of information about sugar, salt and fat contents as well as health message according to the law and regulation. (2) Heads of Provincial Health Offices and Heads of Regency/Municipal Offices supervise the inclu sion of information about sugar, salt and fat con tents as well as health message on fast foods according to their respective tasks and functions. Article 9 (1) In conducting supervision as referred to in Article 8 paragraph (1), the Head of the Board can im pose administrative sanctions on anybody pro ducing processed foods for violating this Ministe rial Regulation, in the form of : a. written warning; b. temporary ban on circulation and/or order to withdraw processed foods from circulation; c. revocation of registration approval/circulation permit; and/or d. recommendation on the revocation of food product certificates of household industries. (4) The guidance as referred to in paragraph (1) can involve relevant institutions and associations. (2) In conducting supervision as referred to in Ar ticle 8 paragraph (2), Heads of Provincial Health 42 Business News 8622/10 31 2014 Offices and Heads of Regency/Municipal Offices force as from the date of promulgation. according to their authority can impose admin- For public cognizance, this Ministerial Regula istrative sanctions on anybody producing fast tion shall be promulgated by placing it in the State foods for violating this Ministerial Regulation, in Gazette of the Republic of Indonesia. the form of : a. written warning; b. temporary ban on circulation; c. temporary suspension of production; and/or d. recommendation on the revocation of busi ness permits/business registration cards. Stipulated in Jakarta On April 11, 2013 THE HEALTH MINISTER OF THE REPUBLIC OF INDONESIA, sgd NAFSIAH MBOI CHAPTER IV TRANSITIONAL PROVISIONS Promulgated in Jakarta Article 10 On April 16, 2013 When this Ministerial Regulation begins to THE LAW AND HUMAN RIGHTS MINISTER OF take effect, each processed food and fast food prod uct shall adjust to this Ministerial Regulation no later THE REPUBLIC OF INDONESIA, sgd than 3 (three) years since this Ministerial Regulation is promulgated. AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA CHAPTER V OF 2013 NO. 617 CONCLUSION Article 11 This Ministerial Regulation shall come into (5) Business News 8622/ 10-31-2014 43