Government Regulation No. 28/2004 on security, quality and nutrition of food

17A SECURITY, QUALITY AND NUTRITION OF FOOD (Government Regulation No. 28/2004 dated October 5, 2004) BY GRACE OF GOD THE ALMIGH1Y, THE PRESIDENT OF THE REPUBUC OF INDONESIA, Considering: a. that safe, good-quality and nutrient food plays a very important role In the growth, care and enhancement of public health as well as intelligence; b. that the public needs to be protected from food po tential to affect and/or endanger the health; c. that bas~ on the above mentioned matters and in order to implement the provisions in Law No. 7 /1996 on food, it is deemed necessary to stipulate a gov ernment regulation on security, quality and nutrition of food; In view of: 1. Article 5 paragraph (2) of the Constitution of 1945 as already amended by the Fourth Amendment to the Constitution of 1945 (BN No. 7152 pages 14A - 23A); 2. Law No. 6/1967 on animal husbandry and veterinary basic-principles (Statute Book of 1976 No. 10, Supple ment to Statute Book No. 3102); 3. Law No. 4/1984 on contagious disease epidemic (Stat ute Book of 1984 No. 20, Supplement to Statute Book No. 3273); 4. Law No. 5/1984 on industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274); 5. Law No. 9/1985 on fishery (Statute Book of 1985 No. 46, Supplement to Statute Book No. 3299); 6. Law No. 12/1999 (BN No. 5627 pages 1A - 4A and so on) on crop cultivation system (Statute Book of 1992 No. 46, Supplement to Statute Book No. 3478); 7. Law No. 16/1992 (BN No. 530 pages 17A - 19A) on fish, animal and plant quarantine (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482); 8. Law No. 23/1992 (BN No. 5320 page 16A and so on) on health (Statute Book of 1992 No. 100, Supple ment to Statute Book No. 3495); Business News 7206/6-5-2005 9. Law No. 7/1994 on ratification of the agreement es tablishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3495); 10.Law No. 10/1995 (BN No. 5812 pages 19A • 20A and so on) on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612); 11.Law No. 7/1996 on food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656); 12.Law No. 12/1997 on nuclear energy (Statute Book of 1997 No. 23, Supplement to Statute Book No. 3676); 13.Law No. 8/1999 on consumer protection (BN No. 6321 pages 1A - 7A and so on) (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821); 14.Law No. 22/1999 (BN No. 6361 pages 1A - SA and so on) on regional administration (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821); ' 15.Govemment Regulation No. 22/1983 on veterinary health (Statute Book of 1983 No. 28, Supplement to Statute Book No. 3253); 16.Government Regulation No. 17/1986 (BN No. 4343 pages 1A - 2A and so on) on the authority to regu late, foster and develop Industry (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330); 17.Government Regulation No. 69/1999 (BN No. 6370 pages 14A - 15A and so on) on food label and adver tisement (Statute Book of 1999 No. 131, Supplement to Statute Book No. 3867); 18.Government Regulation No. 25/2000 (BN No. 6471 pages 19A - 20A and so on) on the authority of the government and the authority of provinces as autono mous regions (Statute Book of 2000 No. 54, Supple ment to Statute Book No. 3952); 19.Government Regulation No. 102/2000 (BN No. 6554 pages lA-A and so on) on Indonesian National Stan dardization (Statute Book of 1999 No. 199, Supple ment to Statute Book No. 4020); DECIDES ..... .18A DECIDES: To stipulate : THE GOVERNMENT REGULATION ON SECURITY, QUAL ITY AND NUTRITION OF FOOD CHAPTER! GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Food shall be everything originating in biological re sources and water whether processed or not, designed as food or beverage for human consumption, indud ing food additive, food raw material and other mate rials used in the preparation, processing and/or pro duction of food or beverage. 2. Fresh food shall be food not yet processed, which can be consumed directly and/or can become raw materi als of food processing. 3. Food shall be food or beverage resulting from a pro cess by certain means or methods with or without additives. 4. Certain Processed Food shall be processed food for consumption of certain groups in a bid to mainte nance and enhance the quality of health of the said groups. 5. Food System shall be everything related to regula tion, fostering and/or supervision over activities or processes of food production and distribution until the food is ready for consuming by human. 6. Fast Food shall be food and/or beverage already pro cessed and ready for presenting directly in business places or outside business place on the basis of order. 7. Security of Food shall be a condition and effort needed for preventing food from the possible biological, chemi cal contaminants and other materials potential to harm, affect and endanger human health. 8. Requirements for Security of Food shall be standards and other provisions, which must be fulfilled to pre vent food from possible danger because of biological, chemical contaminants and other materials potential to harm, affect and endanger human health. 9. Food Sanitization shall be efforts to prevent decaying Business News 7206/6-5-2005 and patogen micro-organisms from growing and re producing in food, beverage, equipment and build ing, which can affect the food and endanger human. 10.Sanitary Requirements shall be sanitary and medical requirements, which must be fulfilled as an effort to kill or prevent micro organism from living and reduce other micro organism so that the produced and con sumed food does not endanger human health and live. 11.Food Production shall be an activity or process pro ducing, preparing, processing, preserving, packing, re-packing and/or changing the shape of food. 12.Food Distribution shall be every activity·or a series of activities in the framework of the distribution of food to the public for trading or not. 13.Food Trade shall be every activity or a series of activi tieS in the framework of the selling and/or buying of food, including bids for selling food and other activi ties related to the handover of food by means of earn ing compensation. 14.Food Storage shall be a process, method and/or ac tiVity to store food in both production and distribution facilities. 15.Food Transport shall be every activity or a series of activities in the framework of transferring food from a place to another place by whatever transport mean or facility in the framework of the production distribu tion and/or trade of food. 16.Food Home Industry shall be a food company having business place .in domicile with manual and semi-au tomatic food processing equipment. 17. Food Additive shall be a material supplemented to food for influencing the characteristic or shape of the food. 18.Genetically Engineered Food Products shall be food produced or using raw materials, food additives and/ or other materials resulting from a genetically engi neering process. 19.Food Irradiation shall be a food radiation method by using radioactive or accelerator to prevent food from decaying and damaging as well as free food from patogen micro-organism. 20.Food Package shall be a material used for accommo dating and/or wrapping food whether or not contact directly to the food. 21.Food Quality shall be a value stipulated on the basis of criteria for security of food, nutrition content and trading standards of foodstuff, food and beverage. 22.Standards shall be standardized technical specifica tions or requirements, including procedures and meth ods formulated on the basis of consensus of all par ties concerned by observing requirements for safety, security, health, environment, scientific and technologi cal developments as well as current and future deve lopment experience to obtain the maximal benefit. 23.Food Nutrition shall be a substance or compound con tained in food, which consists of carbohydrate, pro tein, fat, vitamin and mineral as well as their deriva tives beneficial to the growth and health of human. 24.Food Quality Certification shall be a series of activi ties of the issuance of certificate to food already ful filling the stipulated requirements. 25.Food Quality Certificate shall be a written guarantee issued by accredited certification institutions/labora tories, which certifies that the food has met certain requirements in the quality standards of the said food. 26 .Everybody shall be individual or business entity, in the form of statutory body or not. 27.Agency shall be the agency in charge of food and drug supervision. CHAPTER II SECURITY OF FOOD Part One Sanitation Article 2 (1 J Everybody in responsible in the execution of activi ties in the food chains, covering the processes of pro duction, storage, transport and distribution of food shall meet sanitary requirements in accordance with the provisions of the legislation in force. (2)The minister in charge of health affairs shall further ·-1 stipulate sanitary requirements as meant in paragraph (1), covering among others: a. facilities and/or infrastructures; Business News 7206/6-5-2005 19A b. implementation of activities; and c. individual. Article 3 The fulfillment of the sanitary requirements in all activities of food chains shal be realized by means of applying guidelines on proper methods, covering: a. Proper Method of Cultivation; b. Proper Method of Fresh-Food Production; c. Proper Method of Processed-Food Production; d. Proper Method of Food Distribution; e. Proper Method of Food Retail; and f. Proper Method of Fast Food Production. Article 4 (l)Guidelines on the Proper Cultivation Method as meant in Article 3 letter a shall be a cultivation method pay ing attention to food security aspects by means of, among others: a. preventing the use of land plot wherein the envi ronment has potential to threaten the security of food; b. controlling biological contaminants, pest and ani mal disease and plants threatening the security of food; and c. minimizing chemical residues contained in food stuff as a result of the use of fertilizer, pesticides and disease, growth enhancing materials and in appropriate animal medicines. (2)Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper cul tivation method as meant in paragraph (1) in accor dance with their respective tasks and scopes of au thority. Articie 5 (l)Guidelines on the Proper Fresh-Food Production Method as meant in Article 3 letter b shall be a han dling method observing food security aspects by means of, among others: a. preventing fresh food from getting contaminated by biological, chemical contaminants and other ma terials harming, affecting and endangering the health from air, land, water, feed, fertilizer, pesti cides, animal medicines or other materials used in the production of .the fresh food; or b. controlling the health of animals and plants thus not threatening security of food or not influencing fresh food negatively. (2} Minister ...•. (2)Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper fresh-food production method as meant in paragraph (1) in accordance with their respective tasks and scopes of authority. Article 6 (l)Guidelines on the Proper Processed-Food Production Method as meant in Article 3 letter c shall be a pro duction method paying attention to food security as pects by means of, among others: a. preventing the processed food from getting con taminated by biological, chemical contaminants and other materials potential to harm, affect and endanger the health; b. killing or preventing patogen micro organism from living as well as reducing the quantity of other micro organism~; and c. controlling the processes, among others, selection of raw materials, the use of food additives, pro cessing, packaging, storage or transport. (2)Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper pro cessed-food production method as meant in paragraph ( 1) in accordance with their respective tasks and scopes of authority. Article 7 (l)Guidelines on the Proper Food Distribution Method as meant in Article 3 letter d shall be a distribution method paying attention to food security aspects by means of, among others: a. adopting a food loading and unloading method not damaging the food; b. controlling food environmental, distributing and storing conditions especially for those related to temperature, humidity and air temperature; and c. controlling the recording system ensuring the dis tributed food to be traced back. 20A (2)Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper food distribution method as meant in paragraph (1) in ac cordance with their respective tasks and scopes of authority. Article 8 (l)Guidelines on the Proper Food Retail Method as meant Business News 7206/6-5-2005 in Article 3 letter e shall be a retail method paying attention to food security aspects by means of, among others: a. regulating the way of placement of food in outlet or storage shelf thus not causing cross-contami nation; b. regulating the rotation of food stocks in accordance with the expiration period; and c. controlling the environmental conditions of food storage, especially for those related to tempera ture, humidity. (2)Ministers in charge of agricultural, fishery or forestry affairs shall stipulate the guidelines on the proper food retail method as meant in paragraph ( 1) in accor dance with their respective tasks and scopes of au thority. Article 9 (l)Guidelines on the Proper Fast-Food Production Method as meant in Article 3 letter f shall be a production method paying attention to food security aspects by means otramong others: a. preventing the fast food from getting contaminated by biological, chemical contaminants and other ma terials potential to harm, affect and endanger the health; b. killing or preventing patogen micro organism from living as well as reducing the quantity of other micro organisms; and c. controlling the processes, among others, selectior of raw materials, the use of food additives, pro· cessing, packaging, storage or transport. (2) Ministers in charge of agricultural, fishery or forestr, affairs shall stipulate the guidelines on the proper fast food production method as meant in paragraph (1) ir accordance with their respective tasks and scopes D" authority. Article 10 Ministers in charge of agricultural, fishery, for estry, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority can stipulate the guidelines on the proper meth ods as mentioned in Article 3 to be applied compulsorily. Part Two Food Additive Article ..... 21A Article 11 (!)Everybody producing food for the purpose of distri bution shall be prohibited from using whatever mate rial as food additive declared forbidden. (2)The Head of the Agency shall stipulate the forbidden material as meant in paragraph (1). Article 12 ( 1) Everybody producing food by using food additive for the purpose of distribution shall use the permitted food additives. (2)The Head of the Agency shall stipulate names and categories of the permitted food additives, goals of the use and maximal limit of their contents by kinds of the food as meant in paragraph (1). Article 13 ( 1) Materials to be used as food additives but having impact on human health not yet ascertained shall have their security examined first and can be used in pro duction activities or processes of food for the pur pose of distribution after securing approval from the Head of the Agency. (2)The Head of the Agency shall stipulate requirements and procedures for obtaining the approval as meant in paragraph (1). Part Three Genetically Engineered Food Product Article 14 ( 1) Everybody producing food or using raw materials, food additives and/or other auxiliary materials in the pro duction activities or processes of food resulting from genetic engineering shall examine first security of the food before the distribution. (2)The examination of security of the genetically engi neered food as meant in paragraph (1) shall include: a. genetic information, among others, general de scription of genetically engineered food products and description of parent as well as the use of them as food; b. description of donor organism; c. description of genetic modification; and d. food security information, among others, substan tial conformance, change in nutrition value, allergy and toxicity. Business News 7206/6-5-2005 (3)A commission for security of genetically engineered food products shall examine security of the geneti cally engineered food products as meant in paragraph (1). ( 4) The comll) ission for security of genetically engineered food products shall stipulate requirements and pro cedures for examination of security of the genetically engineered food products as meant in paragraph (3). (5) The Head of the Agency shall stipulate raw materials, food additives and/or other auxiliary materials result ing from genetic engineering, which are declared safe as food by observing recommendation from the com mission for security of genetically engineered food products. Part Four Food Irradiation Article 15 {l)Irradiation facilities used in production activities or processes of food for the purpose of distribution shall secure license to use nuclear energy and be regis tered to the head of the agency in charge of nuclear energy supervisory affairs. (2)Every kind of food produced by using irradiation tech nique and/or method for the purpose of irradiation shall meet the requirements on irradiated food stipu lated by the Head of the Agency. Part Five Food Package Article 16 {!)Everybody producing food for the purpose of distri bution shall be prohibited from using whatever mate rial declared forbidden and/or potential to release con tamination affecting or endangering human health as package of food. (2)The Head of the Agency shall stipulate the forbidden materials as meant in paragraph (1). Article 17 {!)Everybody producing food for the purpose of distri bution shall use the permitted package materials. (2)The Head of the Agency shall stipulate the permitted materials as meant in paragraph (1). Article ..... Article 18 ( 1) Materials other than those mentioned in Article 16 paragraph (2) and Article 17 paragraph (2) only can be used as food package materials after their secu rity is examined and secures approval from the Head of the Agency. (2)The Head of the Agency shall stipulate requirements and procedures for securing the approval as meant in paragraph (1). Article 19 ( 1) Everybody producing food the purpose of distribution shall pack food properly to avoid food from contami nation. (2)The Head of the Agency shall stipulate the proper packaging method as meant in paragraph (1). Article 20 (!)Everybody shall be prohibited from opening the final package of food for re-packing and trading. 22A (2)The provision as meant in paragraph (1) shall not apply to food procured in a large quantity and com monly re-packed in a small quantity for trading further. (3)Everybody re-packing the food as meant in paragraph ( 1) shall pack food properly to avoid food from con tamination. Part Six Food Quality Guarantee and Laboratory Analysis Article 21 (1) Everybody producing food for trading shall be respon sible for applying a quality guarantee system in ac cordance with kinds of the produced food. (2)Ministers in charge of agricultural, fishery, forestry, industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall be authorized to require the applica tion of other standards and requirements related to the quality guarantee system as meant in paragraph (1). (3)The other standards or requirements as meant in para graph (1) can be stipulated In phases by observ ing the readiness and need of the food system. Business News 7206/6-5-2005 (4)In stipulating the other standards and requirements as meant in paragraph (3), Ministers in charge of ag ricultural, fishery, forestry, industry, health affairs or the Head of the Agency shall pay attention to wro TBT/SPS agreements or agreements already ratified by the government. Article 22 ( 1) Ministers in charge of agricultural, fishery, forestry, Industry, health affairs or the Head of the Agency in accordance with their respective tasks and scope of authority shall be authorized to stipulate kinds of fresh food, which must be analyzed laboratorily before the distribution. (2) The Head of the Agency shall stipulate kinds of pro cessed food, which must be analyzed laboratorily before the distribution. (3)The laboratory analysis as meant in paragraph (2) shall be done In government laboratories or other labo ratories already accredited by the National Accredita tion Committee or other accreditation institutions al ready recognized by the National Accreditation Com mittee. (4)The laboratory requirements as meant In paragraphs (1) and (2) shall be stipulated and applied in phases by observing the readiness and need of the food sys tem. Part Seven Contaminated Food Article 23 Everybody shall be prohibited from distributing: a. food containing poisonous, dangerous materials and potential to harm or endanger human health or live; b. food containing contaminant exceeding the stipulated tolerable limit; c. food containing materials, which may not be used in production activities or processes of food; d. food containing dirty, decaying, odor, analyzed mate rials or materials containing unhealthy vegetables or animals or originating from dead animals thus mak ing the food unfit for human consumption; or e. expired food. Article 24 (!)Ministers in charge of agricultural, fishery affairs or the Head of the Agency shall: a. stipulate ..... a. stipulate materials banned from getting used in production activities or processes of food; b. stipulate the tolerable limit of contaminants; c. regulate and/or stipulate requirements for using ways, methods and/or certain materials in the pro duction, processing, storage, transport and/or dis tribution of food potential to have harmful risk and/ or endanger human health; d. stipulate materials banned from getting used in the production, processing equipment, preparation, marketing and/or presenting of foods. (2)In the case of fresh food, the Minister in charge of agricultural or fishery affairs shall stipulate the provi sion as meant in paragraph (1). (3)In the case of processed food, the Head of the Agency shall stipulate the provision as meant in paragraph (1). Article 25 23A (l)Everybody ascertaining someone having poisoned because of contaminated food shall report the case to the nearest medical service unit. (2)The medical service unit as meant in paragraph (1) shall promptly take action of aid against the victim. (3)If according to the medical service unit as meant in paragraph (2), there is an indication of Extraordinary Condition (KLB) of food toxicity, the medical service unit shall promptly take samples of food allegedly causing the toxicity and give report to regental/mu nicipal service in charge of health affairs and the Agency. (4)Based on result of the report as meant in paragraph (3), the Agency shall examine/investigate and apply laboratory test to the samples of food for determin ing the cause of food toxicity. (S)The regental/municipal service in charge of health affairs receiving the report as meant in paragraph (3) shall study the report and stipulate the food toxicity case as KLB of food toxicity. (6) The regental/municipal service as meant in paragraph (5) shall examine and overcome KLB of food toxicity as well as report it to the provincial service in charge of health affairs. Business News 7206/6-5-:2005 Article 26 (l)lf KLB of food toxicity occurs in inter-regental/mu nicipal territory or there is request from regental/mu nicipal governments, the provincial government shall examine and overcome the said KLB. (2) If KlB of food toxicity o<:curs in inter-provincial terri tory or there is request from provincial governments, the central government shall examine and overcome the said KLB. Article 27 If results of investigation show that KLB is alleg edly arising from crime, civil servant investigators and/ or other investigators shall promptly investigate on the basis of the legislation in force. Article 28 ( 1) The Minister in charge of health affairs shall stipulate further provisions on the provision of aid for victims, the taking of specimen samples and test specimens as well as the reporting of KLB of food toxicity. (2)The Head of the Agency shall stipulate procedures for taking samples of food, laboratory analysis and reporting of toxicity causes. CHAPTER III FOOD QUALITY AND NUTRITION Part One Food Quality Article 29 The Head of the agency in charge of national standardization shall stipulate the quality of food stipu lated as the Indonesian National Standard in accordance with the legislation in force. Article 30 ( 1) The Indonesian National Standard as meant in Article 29 can be enforced compulsorily by observing public safety, security, health or environmental conservation and/or economic considerations must meet certain quality standards. (2)Ministers in charge of agricultural, fishery, industry, health affairs or the Head of the Agency in accor dance with their respective tasks and scope of au thority shall enforce compulsorily the Indonesian Na tional Standards as meant in paragraph (1) in coordi nation with the Head of the agency in charge of na tional standardization affairs. (3). .... (3)Matters related to the application and evaluation of conformance to the compulsorily enforced National Indonesian Standards as meant in paragraph (2) shall be executed in accordance with the provisions of the law in force. ( 4) Everybody producing or distributing food of the kinds as meant in paragraph ( 1) shall meet the Indonesian National Standards in accordance with the legislation in force. Article 31 Ministers in charge of agricultural, fishery, for estry affairs or the Head of the Agency in accordance with their respective tasks and scope of authority can stipulate provisions on food quality outside the Indone sian National Standards as meant in Article 29 for food having high risk of security. Part Two Food Quality Certification Article 32 (l)Certification and labeling certifying the conformance of food to the Indonesian National Standards as meant in Article 29 shall be done in accordance with the provisions of the law in force. (2)Ministers in charge of agricultural, fishery, affairs or the Head of the Agency in accordance with their re spective tasks and scope of authority shall stipulate requirements and procedures for certification of the quality of food having high risk of security as meant in Article 31. (3)The certification as meant in paragraph (1) of the compulsorily enforced Indonesian National Standards or requirements for the quality provisions as meant in Article 31 shall constitute part of supervision over food before the distribution. Part Three Food Nutrition Article 33 (l)The Minister in charge of Health Affairs shall stipulate standards of public nutrition status and monitor and evaluate the status of public nutrition. (2)Ministers in charge of agricultural, fishery, industry, health affairs or the Head of the Agency in accor Business News 7206/6-5-2005 24A dance with their respective tasks and scope of author ity shall take measures to ensure the sufficiency of nutrition, protect the public from malnutrition and fos ter the public in a bid to enhance the nutrition status. (3)Ministers in charge of agricultural, fishery, industry, health affairs or the Head of the Agency in accor dance with their respective tasks and scope of au thority in cooperation with provincial governments, regental/municipal governments and the public shall take efforts to overcome disturbance of public nutri tion not suitable to the standards of public nutrition status as meant in paragraph (1). Article 34 The Minister in charge of health affairs shall stipu late food sufficiency rate evaluated periodically. Article 35 (l)In the case of public malnutrition and/or decrease in public nutrition status occurring, efforts to improve nutrition shall be taken through enrichment and/or fortification of nutrition of certain distributed food. (2)The Minister in charge of health affairs shall stipulate kinds and quantity of nutrient substances to be supple mented as well as kinds of food whose nutrition value can be enhanced through enrichment and/or fortifi cation. (3) The Minister in charge of industrial affairs shall stipu late the kinds of food, which must be enriched and/o fortified as meant in paragraph (2) and procedure' for enrichment and/or fortification of nutrition of thE certain food as meant in paragraph ( 1 ). (4)Everybody producing food, which must be enriche( and/or fortified for the purpose of distribution shal meet the provisions and procedures for enrichment and/or fortification of nutrition as meant in paragraph (3). (S)The food as meant in paragraph (4) shall secure let ter of approval of registration from the Head of the Agency. CHAPTER IV IMPORT AND EXPORT OF FOOD INTO AND FROM THE INDONESIAN TERRITORY Part ..... Part One Import of Food Into the Indonesian Territory Artide 36 Every kind of food imported into the Indonesian Territory for the purpose of distribution shall meet the provisions of laws in force on security, quality and nutri• tion of food and provisions of other legislation in force. Article 37 ( 1) In the case of fresh food being imported into the In· donesian territory for the purpose of distribution, min· isters in charge of agricultural or fishery affairs in ac cordance with their respective tasks and scopes of authority can stipulate requirements that: a. the security, quality and/or nutrition of the food have been analyzed, examined and/or declared successful by authorities in countries of origin; b. the food has met the provisions as meant in Ar ticle 21; c. the food is accompanied by documents of results of the analysis and/or examination as meant in letter a; and d. the security, quality and/or nutrition of the food are analyzed and/or examined first in Indonesia before the distribution. (2)In the case of processed food being imported into the Indonesian territory for the purpose of distribution, the Head of the Agency can stipulate requirements that: a. the security, quality and/or nutrition of the food have been analyzed, examined and/or declared successful by authorities in countries of origin; b. the food has met the provisions as meant in Ar ticle 21; c. the food is accompanied by documents of results of the analysis and/or examination as meant in letter a; and d. the security, quality and/or nutrition of the food are analyzed and/or examined first in Indonesia before the distribution. (3)In stipulating the requirements as meant in paragraphs (1) and (2), the Ministers or Head of the Agency shall pay attention to wro TBT /SPS agreements or other agreements already ratified by the government. Article 38 (l)In the case of food imported into the Indonesian Ter ritory being subjected to the prior analysis and/or examination as meant in Article 37 paragraph (1) let Business News 7206/6-5-2005 25A ter a, the food only can be released from customs area after securing approval of the import of food issued by ministers in charge of agricultural or fishery affairs in accordance with their respective tasks and scopes of authority. (2)In the case of food imported into the Indonesian Ter ritory being subjected to the prior analysis and/or examination as meant in Article 37 paragraph (1) let ter b, the food only can be released from customs area after securing approval of the import of food issued by the Head of the Agency. Article 39 Everybody importing food into the Indonesian territory for the purpose <if distribution shall be respon sible for security, quality and nutrition of food. Article 40 Ministers in charge of agricultural, fishery, trade affairs or the Head of the Agency in accordance with their respective tasks and scopes of authority shall stipu late further provisions on the import of food into the Indonesian territory for the purpose of distribution. Part Two Export of Food from the Indonesian Territory Article 41 (l)Every kind of food exported from the Indonesian ter ritory shall meet the food security requirements. (2) Ministers in charge of agricultural, fishery affairs or the Head of the Agency in accordance with their re spective tasks and scopes of authority can stipulate requirements so that the security, quality and/or nu trition of the food exported from the Indonesian ter ritory for the purpose of distribution must be ana lyzed and/or examined first. (3)Everybody exporting food from the Indonesian terri tory shall be responsible for security, quality and nu trition of food. (4)Ministers in charge of agricultural, fishery, trade af fairs or the Head of the Agency shall coordinate the head of the agency in charge of national standardiza tion affairs accordance with their respective tasks and scopes of authority to take efforts to obtain mutual recognition in the evaluation of conformance in fulfill ing the requirements of destination countries. CHAPTER ..... CHAPTER V SUPERVISION AND FOSTERING Part One Supervision Article 42 (l)In the framework of supervision over security, quality and nutrition of food, every kind of processed food produced in the country or imported into the Indone sian territory for trading in retail package shall secure letter of approval of registration before the distribu tion. (2)The Head of the Agency shall stipulate the processed food required for securing the letter of approval of registration as meant in paragraph (1). (3) The Head of the Agency shall issue the letter of ap proval of registration as meant in paragraph (1) on the basis of results of evaluation of security, quality and nutrition of food. ( 4) The Head of the Agency shall evaluate the security, quality and nutrition of food as meant in paragraph (3) in accordance with criteria and procedures. (5)The Head of the Agency shall stipulate the criteria and procedures as meant in paragraph (1) by refer ring to the requirements for security, quality and nu trition of food. (6)The Head of the Agency shall stipulate requirements and procedures for securing the letter of approval of registration as meant in paragraph (1). Article 43 ( 1) Processed food produced by home industry shall be excepted from the provision as meant in Article 42 paragraph (1). (2)The processed food as meant in paragraph (1) shall have certificate of home industry food production. (3) Regents/mayors shall issue the certificate of home industry food production as meant in paragraph (2). ( 4)The Head of the Agency shall stipulate guidelines on the issuance of the certificate of the home industry food production as meant in paragraph (1), covering, among others: a. kinds of food; Business News 7206/6-5-2005 26A b. procedures for evaluation; c. procedures for issuing food production certificate. Article 44 The processed food exempted from the obliga tion to have the registration approval as meant in Article 42 or the home Industry food production as meant in Article 43 shall be the processed food: a. having a storage period of less than 7 (seven) days at the room temperature; and/or b. imported into the Indonesian territory in a small quan tity for the purpose of: 1. application for approval of registration; 2. research; or 3. direct-consumption. Article 46 (l)The Agency shall be authorized to supervise security, quality and nutrition of the distributed food. (2}In executing the supervisory function as meant in paragraph (1), the Agency shall be authorized to: a. take samples of the distributed food; and/or b. analyze samples of the food as meant in para graph (2) point a. (3) Results of the analysis as meant in paragraph (2) point b: a. in the case of fresh food, shall be conveyed to and followed up by the institutions in charge of agri cultural, fishery or forestry affairs in accordance with their respective tasks and scopes of author ity; b. in the case of processed food, shall be conveyed to and followed up by the institutions in charge of fishery, industrial affairs or the Agency in accor dance with their respective tasks and scopes of authority; c. in the case of certain processed food, shall be fol lowed up by the agency; d. in the case of processed food resulting from food home industry and fast food, shall be conveyed to and followed up by regental/municipal govern ments. Article 47 ( 1) In the case of violation being found on the basis of the results of the analysis as meant in Article 45 para graph (3) and/or results of the examination as meant in Article 46, governors, regents/mayor or the Head of the~ the Agency shall be authorized to take administrative actions. (2)The administrative actions as meant in paragraph (1) shall include: a. written warning; b. prohibition on distribution for a specified period and/or order to take off food; c. destruction of food, if the food is proven danger ous to human health and five; d. suspension of production; e. imposition of a fine of Rp 50,000,000.00 (fifty mil lion rupiahs) at the maximum; and/or f. revocation of production license, business license, registration approval and certificate of home in dustry food production. (3)The imposition of the administrative actions as meant in paragraph (2) shall realized on the basis of risks arising from the committed violation. • (4)Officials issuing the said production license, business license, registration approval and certificate of home industry food production shall take the administra tion actions in accordance with their respective tasks and scopes of authority. Article 48 (!)The withdrawal and/or destruction of food as meant in Article 47 shall be executed by everybody produc ing or importing the food into the Indonesian terri tory and in accordance with guidelines on the with drawal and destruction of food. (2)Every party involved in the distribution of food shall help implement the withdrawal and/or destruction of the food as meant in paragraph (1). (3)In the case of fresh food, the withdrawal and/or de struction of the food as meant in paragraph (1) shall be done on the basis of order of governors, regents/ mayors in accordance with their respective tasks and scopes of authority. (4)In the case of processed food, the withdrawal and/or destruction of the food as meant in paragraph ( 1) shall be done on the basis of order of the Head of the Agency. Business News 7206/6-5-2005 27A (S)The Head of the Agency shall stipulate the guidelines on the withdrawal and/or destruction of the food as meant in paragraph (1). Article 49 If indication of crime is found on the basis of results of the examination as meant in Article 46, inves tigators shall promptly investigate on the basis of the legislation in force. Article 50 The Agency can announce publicly results of analysis and/or examination of food products through mass media. Part Two Fostering Article 51 (!)Ministers in charge of agricultural, fishery or forestry affairs in accordance with their respective tasks and scopes of authority shall foster fresh-food producers. (2) Ministers in charge of industrial, agricultural and fish ery affairs in accordance with their respective tasks and scopes of authority shall foster processed-food producers. (3) The Head of the Agency shall foster certain processed food. (4)Regents/mayors shall foster fast-food producers and food home industries. (5) The Head of the Agency shall foster regional govern ments and public in the food supervision field. CHAPTER VI PUBUC PARTICIPATION Article 52 (l)In the framework of improving and enhancing secu rity, quality and nutrition of food, the public can con vey problems, inputs and/or solutions to food affairs. (2)The problems, inputs and/or solutions as meant in paragraph (1) can be conveyed directly or lndlrectly to ministers in charge of agricultural, fishery, health, industrial affairs, the Head of the Agency, governors or regents/mayors In accordance with their respec tive tasks and scope of authority. (3} ..... (3) Procedures for conveying the problems, inputs and/ or solutions as meant in paragraph (1) shall be in ac cordance with the provisions of the legislation in force. CHAPTER VII TRANSmONAL PROVISION Article 53 With the enforcement of this government regu lation, all provisions on security, quality and nutrition of food regulated by legislation subordinate to law shall re main effective as long as they do not contravene the provisions in this government regulation. CHAPTER VIII CONCLUSION Article 54 The government regulation shall come into force as from the date of promulgation. 28A For public cognizance, the government regula tion shall be promulgated by placing it in Statute Book of the Republic of Indonesia. Stipulated in Jakarta On October 5,2004 THE PRESIDENT OF THE REPUBLIC OF INDONESIA Sgd MEGAWATI SOEKARNOPUTRI Promulgated in Jakarta On October 5,2004 THE STATE SECRETARY OF THE REPUBLIC OF INDONESIA Sgd BAMBANG KESOWO STATUTE BOOK OF THE REPUBLIC OF INDONESIA YEAR 2004 NO. 107 ELUCIDATION ON GOVERNMENT REGULATION NO, 28/2004 CONCERNING SECURITY, QUALITY AND NUTRITION OF FOOD GENERAL Food constitutes the very principal need of hu man because it influences their existence and life endur ance qualitatively and quantitatively. Given the impor tance, food basically constitutes a basic human neces Business News 7206/6-5-2005 sity fully becoming human right of every Indonesian people. Toe sufficient supply of secure, good-quality and nutrient food constitutes the main pre-requisite, which must be fulfilled in a bid to realize moral and honorable human-being as well as good-quality human resources. Human resources constitute the most Important element cum the main objective of national development because good-quality human resources constitute a de cisive factor of the success of the development, which in due time can enhance the public welfare and living stan dard as well as can reduce or alleviate poverty. The quality of human resources is heavily dependent on, among oth ers, the quality of food that they consume so that all resources and efforts need to be mobilized optimally so that the secure, good quality and nutrient food is avail able adequately as well as affordable to the purchasing power of communities. In a bid to the adequate supply of secure food, efforts to realize a food system, which can provide pro tection for people consuming the food need to be taken so that the distributed and/or traded food is not harmful as well as safe for human health and life. In other word, the food must meet the requirements for security of food. The advancement of science and technology in the food sector as well as the increasingly advanced and opened domestic- and international-trade will bring about impact on the increasingly various kinds of food distrib uted in the society, which is produced in the country and comes from the import. Food consumed by the people basically passes a chain ring of processes covering production, storage, transport, distribution until reaching the hand of con sumers. In a bid to ensure all of the chain rings to meet the requirements for security, quality and nutrition of food, it is necessary to realize an effective regulation, foster ing and supervision system in the security, quality and nutrition of food in the form of a government regulation on security, quality and nutrition of food, which consti tutes technical directive for Law No. 7/1996 on food. ARTICLE BY ARTICLE Article 1 Point 1 Toe definition of food includes gum or the like but excludes cosmetics, tobacco, processed tobacco pro ducts or materials designed as medicines. The ..... The other matelials mean matelials used in the preparation, processing and/or production of food or bev erage outside food additives and food auxiliary mateli als. Examples of the other matelials are catalyst mateli als, such as digestion enzyme. The raw materials mean basic materials used for producing food. The raw materials can be in the form of fresh food or semi-finished processed-food. Point 2 The definition of fresh food in this provision cov ers food, which can be consumed directly by human with out processing, such as fruits and part of vegetables, which can become raw materials of food processing such as soybean, corn, meat, fish, milk, egg etc. Point 3 The definition of processed food in this provi sion covers both processed food ready for direct con sumption and processed food, which must be cooked first, subsequently used as raw materials of food, such as tapioca, wheat flour and soybean protein isolate.· Point 4 The definition of certain processed food is pro cessed food for consumption of certain groups, such as formula milk for baby, food designated to pregnant and feeding mothers, special food for sufferers of certain dis eases, other similar food having considerable influence on the growth of quality of human health. Point 5 29A Sufficiently clear Point 6 The business place as meant in this provision covers catering service, hotel, restaurant, food stall, cafetaria, sidewalk and mobile food retailers. Point 7 up to point 12 Sufficiently clear Point 13 The bid for becoming food means activity com monly executed before the purchase and/or sale of food takes place, such as gratis distribution of samples of food products in the framework of promotion. Point 14 up to point 16 Sufficiently clear Point 17 Food additives are not usually consumed as food and do not constitute food ingredient, have or have no nutrition value intentionally supplemented to food for technological purpose in the production, processing, preparation, treatment, packing, packaging, storage and/ or transport of food or result in or are expected to result BusinP« NPWS 7206/6-5-2005 in a component or influence characteristic of the food i directly or indirectly. Food additives exclude contaminants or materials supplemented to food for maintaining or enhancing the nutlition value. For example, Vitamin C is considered as food additive if the supplementation does not aim at improving the nutrition value but serves as antioxidant, such as maintaining the red color in cornet. The food additives include dying agent, preserving sub stance, sweetener, flavor, anti-solid, whitener and blender. Point 18 Sufficiently clear Point 19 The applied iodizing radiation can come from radioactive that can slow down the time of budding in potato, discourage the decaying in frog leg, frozen shrimp, prevent damage of other food, such as spice and cere als. Points 20 and 21 Sufficiently clear Point 22 The technical specifications or requirements as meant in this provision cover, among others, the shape, color or food composition formulated on the basis of cer tain criteria in accordance with scientific and technologi cal developments as well as other related aspects. The quality standard of food in this provision covers both pro cessed food and unprocessed food. In a broader defini tion, the standard in force for food covers various require ments for security, nutrition and quality of food and other requirements in the framework of creating the fair trade of food, such as requirements for label and advertisement., The standards are not contravening one each' other or independent but constitute an Integrated unit totally, with the elaboration further regulated by the government. Points 23 and 24 Sufficiently clear Point 25 The food quality certificate can be in the form of health and analysis certificate. The analysis certificate is issued by accredited laborato ries, while the health certificate is issued by authorized institution. Other quality certificate can be issued by au thorized institutions or accredited certifi,ation institutions. Points 26 and 27 Sufficiently clear ARTICLE 2 ..•.. ( TO BE CONTINUED ) l ===(R)=== 13A SECURITY, QUALITY AND NUTRmON OF FOOD (Government Regulation No. 28/2004 dated October 5, 2004) [ Continued from Business News No. 7206 pages 17A - 29A] Artide2 Paragraph {1) In this provision, everybody in responsible means everybody undertaking, interesting or obtaining benefit from activities or processes of production, storage, trans port and/or distribution of food, such as producers, stor age place service providers, carriers and/or distributors of food, belonging to the relevant or renting necessary facili ties and infrastructures. In this provision, the distribution of food covers, among others, food presenting. Paragraph (2) The facilities and/or infrastructures include design and construction of building, layout, equipment and instal lation, waste disposal facilities and other facilities directly or indirectly used in activities or processes of production, storage, transport and/or distribution of food. Article 3 Sufficiently clear Article 4 Paragraph {1) Sufficiently clear Paragraph (2) The guidelines on proper cultivation method as meant in this provision cover guidelines on cultivation method of food crop, animal husbandry and fish. Article 5 Paragraph (1) Sufficiently clear Paragraph (2) The guidelines on proper fresh-food production method C0'4er guidelines on proper production method of fresh food resulting from agricultural products, animal hus bandry and fishery business. Article 6 Paragraph {1) Sufficiently clear Business News 7209/13-5-2005 Paragraph (2) Stipulation of guidelines on the proper production method of processed food by minister in charge of indus trial or fishery affairs is adjusted to their respective tasks as meant in Government Regulation No. 17/1986 on the authority to regulate, foster and develop industries. Paragraph (3) Certain processed food constitutes processed food for consumption of certain groups, such as formula milk for baby, food designated to pregnant and feeding moth ers, special food for sufferers of certain diseases, other similar food having considerable influence on the growth of quality of human health. Given that consumers of the certain processed food cover groups of high risk commu nities as we\! as i11 obseNa11ce of the objecti'4e of the use of the food, a more specified certain handling-method needs to be applied in the production of the said food. Article 7 up to article 9 Sufficiently clear Article 10 Guidelines on the proper method applied to busi ness communities aim at ensuring them to continue ob serving security of food in executing their activities. The proper method guidelines are applied voluntarily but they can be stipulated obligatory if an activity is deemed criti cal. The activity deemed critical is an activity in the food chain needing extra careful handling thus being im possible to execute properly if it is only given up voluntarily to the executor of the said activity. For example, guidelines on the proper fresh milk handling method can be stipu lated compulsorily because of the high risk of biological contamination so as to need extra careful handling. Article 11 The public needs to be protected from food using or containing materials stipulated forbidden as food addi tives. The materials can endanger human health and life. Article 12 Since food using or containing food additives not suitable to the provision has negative influence on human health ..... health, the use of food additives in activities or processes of food production is regulated strictly in the framework of realizing security of food so that the people are avoided from consuming food potential to harm, affect and endan ger human health and life. Articles 13 and 14 Sufficiently clear Article 15 Paragraph (1) Irradiation methods and techniques in activities or processes of food production are increasingly advanced and broader, particularly in the preservation of food. The application of the techniques or methods already reaching the commercial level must remain safe for the people. In relation thereto, in a bid to the techniques or methods from being used uncontrollably, the application needs to be regu lated and supervised tightly. In a bid to prevent the activity from causing risks potential to affect human health and safety, it is necessary to stipulate requirements, which must be fulfilled by irradiation service providing facilities. Paragraph {2) The provisions on irradiated food includes kind of the permitted commodities and dosage, general require ments related to radiation sources, absorption dosage, ir radiator facilities and supervision over irradiation, irradi ated food hygiene, requirements for technology and re irradiation. Article 16 up to article 18 Sufficiently clear Article 19 Paragraph (1) Packaging constitutes a part of the proper food production method. The packaging of food must be done properly so that the packed food is uneasy to damage and/ or contaminate as well as decrease in the quality. Paragraph (2) The proper food packaging procedure is mainly designated to certain food having certain characteristics so as to need special treatment during the packaging, i.e highly fat food or high temperature food cannot be packed by plastic potential to release carcinogenic monomer into the food. Business News 7209/13-5-2005 14A Article 20 Paragraph ( 1) The provision is stipulated with a view of prevent ing food products from getting contaminated by materials potential to affect or endanger human health. The final package of food means the final pack age of food products commonly applied in the final stage of processes or activities of production of food ready for trade for human consumption. Paragraph (2) Food procured in the large quantity commonly not packed finally is food having a large-size package for trad ing (retailing) further in a smaller package, such as rice, wheat flour and sugar. The common is adjusted to the custom in force for the said food commodity or local community habit. Paragraph (3) Sufficiently clear Article 21 Paragraph (1) The quality guarantee system constitutes a pre ventive measure that needs to be observed and/or imple mented in the framework of producing food safe for hu man health and quality food, which is commonly applied as from the beginning of food production activity until the food is ready for trading and constitutes a quality supervi sion and controlling system always developing to adjust to scientific and technological developments. The quality guarantee system is executed by ap plying, among others, proper cultivation method, proper fresh-food production method, proper processed-food pro duction method, proper food distribution method, proper food retail method or proper fast-food production method. Paragraph (2) up to paragraph (4) Sufficiently clear Article 22 Paragraphs (1) and (2) Sufficiently clear Paragraph (3) In the case of imported products, recognition of laboratories of exporting countries is based on bilateral or multilateral mutually-recognizing agreements. Paragraph ..... Paragraph (4) The requirements for laboratory analysis are stipu lated by government institutions in accordance with their respective tasks and scopes of authority as well as executed in phases by considering kinds of the produced food as well as technical specifications and/or required parameters. Article 23 Letter a Poisonous materials or materials endangering human health and life include metal, metalloid, other poi sonous chemical substances, dangerous micro organism, micotoxin, pesticide residue, animal hormones and medi cines surpassing the stipulated maximal limit. Letter b Sufficiently clear Letterc The forbidden materials include borax, formalin, Rhoda mine B or yellow methanil. Letterd Sufficiently clear Lettere The expired food means food surpassing the dead line of a period when the quality of food is guaranteed as long as the storage follows manual provided by producer of the said food. Article 24 Paragraph (1) Letter a Sufficiently clear Letter b The provisions on the tolerable limit of contami nants include: 1) requirements for the maximum limit of biological con taminants; 2) requirements for the maximum limit of chemical con taminants; 3) requirements for the maximum limit of other materials, which can undermine, affect or endanger human life. Letters c and d Sufficiently clear Paragraphs (2) and (3) Sufficiently clear Article 25 Paragraph {1) The medical service unit includes public health Business News 7209/13-5-2005 lSA center, polyclinic, state-/private-owned hospital in the pro vincial or regental/municipal level. Paragraph (2) Sufficiently clear Paragraph (3) KLB of food toxicity is an event wherein two per sons or more suffer from disease with the same or nearly same phenomenon after consuming food and based on epidemiological analysis, the food is proven as a source of contagion. Article 26 Paragraph (1) Sufficiently clear Paragraph (2) The central government as meant in this provi sion is the ministry in charge of health affairs and/or agency. Article 27 up to article 29 Sufficiently clear Article 30 The Indonesian National Standards can be applied compulsorily to part or all of technical specifications and/ or parameters in the Indonesian National Standards. The institutions authorized to enforce the Indone sian National Standards compulsorily are as follows: a. the Minister in charge of agricultural affairs, in the case of fresh food resulting from agricultural products; b. the Minister in charge of fishery affairs, in the case of fresh food resulting from fishery business; c. the Minister in charge of industrial, agricultural or fish ery affairs in accordance with the provision in force, in the case of processed food; d. the Head of the Agency, in the case of food additives and certain kinds of processed food. Articles 31 and 32 Sufficiently clear Article 33 Paragraph (1) The standard of nutrition status deals with two aspects. The first is the standard of individual nutrition status classified by malnutrition. The classification is based on results of physical examination and measurement anthropometrical .••.• (anthropometrical and medic-clinical) as well as biochemi cal analysis of body liquid, such as blood and urine (bio chemical). The classification can be stipulated qualitati vely, namely over nutrition, malnutrition and poor nutri tion. The second is the standard of public nutrition sta tus meaning prevalence or percentage of CXJ1Timunlty groups by malnutrition. Paragraph (2) The malnutrition is medical disorder attributable to the shortage and/or imbalance of nutrient substances need-ed for the growth, intelligence and activity/produc tivity. Paragraph (3) Sufficiently clear Article 34 The periodical change is done on the basis of re sult of survey on public nutrition status. The nutrition suffi ciency rate is the daily average adequacy of nutrient sub stance of all people by groups of age, sex, body size, and body activity to achieve the optimal health degree. Article 35 Paragraph (1) The enrichment of food nutrition is the supple mentation of less nutrient substance naturally or lost nutri ent substances because of processing and/or storage. Fortification of nutrient substances is the addition of essential nutrient substance to certain food previously not containing the said nutrient substances. The enrichment and/or fortification as meant in this provision constitute a national program in the frame work of preventing malnutrition, maintaining and improv ing the public nutrition status. Paragraph (2) Sufficiently clear Paragraph (3) The procedure for enrichment is technique of supplementation of certain nutrient substance to the pro duced food with a view of enhancing the content of nutri ent substance in the said food. The procedure for fortification is a technique of supplementation of certain nutrient substances to food pre Business News 7209/13-5-2005 16A viously not containing the nutrient substance with a view of adding kinds of nutrient substances of the food, i.e. the addition of iodium to salt. Paragraphs (4) and (5) Sufficientily clear Article 36 In this provision, the food imported into the Indo nesian territory includes food donation. The other legislation in force is, among others, labeling, customs and fish, animal and plant quarantine laws. Article 37 up to article 39 Sufficiently clear Article 40 Further regulations to be regulated are, among others, requirements for necessary documents and/or cer tificates, results of laboratory analysis, stipulation of dead line of expiration period and approval of the import of goods. Article 41 Paragraph (1) The provision constitutes the minimal require ment, which must be fulfilled. In addition to the require ments, food to be exported from the Indonesian territory must meet the requirements in force in destination coun tries. Paragraph (2) up to paragraph (4) Sufficiently clear Article 42 Paragraph (1) The processed food as meant in this provision also includes certain processed food, food additives, genetically engineered food products or irradiated food. Processed food imported into the Indonesian ter ritory as donation must meet the provision as meant in this article. The retail package means the final food package, which may not be opened for re-packing into smaller pack ages for trading. Paragraph (2) Sufficiently clear Paragraph ..... Paragraph (3) The issued letter of approval of registration con tains registration number. The registration number must be mentioned in label of the said food and the labeling must be in accordance with the provisions in force on food label and advertisement. Paragraph ( 4) up to paragraph (6) Sufficiently clear Article 43 Paragraph (1) Sufficiently clear Paragraph (2) The enforcement of the obligation of home indus try to have production certificate is done in phases due to the limited facility and knowledge about security, quality and nutrition of food owned by home industry operators. The phasing provides opportunity for the home industry to enhance their capability in producing food fulfilled the re quirements for security, quality and nutrition. Paragraph (3) The production certificate is issued to processed food produced by home industry already fulfilling the re quirements in accordance with the provisions in force. The issuance of the production certificate to food home industry by regents/mayors are based on the fulfill ment of requirements for proper production method of home industry, covering, among others, sanitary require ments, the use of food additives and label. The proper production method of home industry is stipulated by the Head of the Agency. Paragraph (4) Letter a Sufficiently clear Letter b In the small quantity as meant in this provision is the measurement of sufficient quantity only needed for re lated need. Article 45 Paragraph ( 1) In this provision, the allegation can be in the form of results of examination on the basis of public report or results of inquiry into toxicity cases. Business News 7209/13-5-2005 17A Paragraph (2) up to paragraph (6) Sufficiently clear Article 47 Sufficiently clear Article 48 Paragraph (1) up to paragraph (4) Sufficiently clear Paragraph (5) The guidelines on withdrawal and destruction as meant in this provision include method of withdrawal, pe riod of withdrawal and destruction method. Article 49 Sufficiently clear Article 50 In the framework of avoiding the public from suf fering failure arising from consumption of food products potential to endanger and/or affect the health, results of examination of the food products need to be ascertained by the public. Article 51 Paragraph {1) up to paragraph (3) Sufficiently clear Paragraph (4) The fostering efforts as meant in this paragraph are executed through various approaches in the frame work of enhancing capability of fast food producers and home industry. Paragraph (5) The fostering applied to activities of regional gov ernment institutions is, among others, training of field in spectors, provision of guidelines related to food and drug supervision in regions. Article 52 up to article 54 Sufficiently clear SUPPLEMENT TO STATlITE BOOK OF THE REPUBLIC OF INDONESIA NO. 4424 ===(R)===