When we buy food or drink that is processed in a certain way or method with or without additives, or known as processed food, there is some information on the product packaging. The information found on processed food packaging is known as processed food labels. A processed food label is any information regarding processed food in the form of pictures, writing, a combination of both, or other forms that are included in processed food, put in, pasted on, or constitute part of Food Packaging.

Every person or company that produces processed food in the country for sale must attach food labels. This food label aims to provide true and clear information to the public about each packaged product before deciding to buy and / or consume it.

Based on the Regulation of the Drug and Food Supervisory Agency Number 31 Year 2018 regarding Processed Food Labels (“Per BPOM No. 31/2018“), there are several criteria that must be met by a label, namely:

1. In compliance with the label approved at the time of distribution permit (Article 3 (1) Per BPOM No. 31/2018);
2. Included in the Food Packaging section which is easy to see and read (Article 3 (2) Per BPOM No. 31/2018);
3. Not easily separated from the Food Packaging, not easily faded, and/or damaged (Article 3 (3) Per BPOM No. 31/2018);
4. Contains information correctly and not misleading (Article 4 Per BPOM No. 31/2018);
5. Contains information at least about (Article 5 Per BPOM No. 31/2018):
   1. name of product;
   2. list of ingredients used;
   3. net weight or net content;
   4. the name and address of the producer or importer;
   5. Halal for those which are required;
   6. date and production code;
   7. expired date;
   8. marketing authorization number; and
   9. the origin of certain food ingredients.

Letter a, letter c, letter d, letter e, letter g, and letter h must be placed on the Label section that is most easily seen and read;

6. Written and printed in Indonesian or included in a foreign language and/or regional language as long as the information has been stated in Indonesian (Article 7 Per BPOM No. 31/2018);
7. The information on the label in the form of writing must be placed neatly, clearly, easy to read, and proportional to the surface area of the Label (Article 9 Per BPOM No. 31/2018);
8. Contains warnings about certain things, among others (Article 9 (4) Per BPOM No. 31/2018):
   1. Warnings regarding the use of artificial sweeteners;
   2. Information concerning Processed Food which in its manufacturing process involves or uses the same facilities with pig-sourced ingredients;
   3. Information about allergens;
   4. Warning on alcoholic beverage labels; and / or
   5. Warning on milk product labels;
9. Meets the standard writing size (Article 9 (2) (3) (5) Per BPOM No. 31/2018).

In addition to fulfilling the criteria above, a label is also required to include several other information, which includes:

1. Information about the nutritional and / or non-nutritional content;
2. Information about health message information;
3. Information about the usage;
4. Information about how to use it;
5. Information about how to keep it;
6. Information about allergens;
7. Information about warnings;
8. Information about organic processed food;
9. Information about 2 (two) dimensions.

There is also some additional information that can be included on the label, namely:

1. Information about the claim;
2. Information about the sponsor;
3. Information about consumer complaints services;
4. Information about the certificate of safety and quality by the certification institution;
5. Writings, logos, and/or images related to environmental sustainability.

The provisions regarding the label above only apply to food that has gone through the final packaging process and is ready to be sold and does not apply to food which is wrapped in front of the buyer.

Based on Article 71 Per BPOM No. 31/2018, people or companies that violate the provisions related to label will be subjected to administrative sanctions in the form of:

1. temporary termination of activities, production and / or distribution;
2. food recall from circulation by producers; and / or
3. revocation of the permit.

Food Advertisement

In advertising food, each person must also insert information or statements about the food correctly and not misleadingly. A person or corporation that states in the advertisement that the food being sold is halal is responsible for the truth. Furthermore, people and companies who advertise that the food being sold complies certain claims must be responsible for the truth of the claims.

If the provisions regarding food advertisement are violated, based on Article 106 of Law Number 18 Year 2012 concerning Food (“Food Law“), the person or company will be subjected to administrative sanctions in the form of:

1. fine;
2. temporary termination of activities, production and / or distribution;
3. food recall from circulation by producers;
4. compensation; and / or
5. revocation of the permit.

Criminal Sanctions

In addition to administrative sanctions, there are also criminal sanctions for the actions below:

1. Article 143 of Food Law

“Any person who intentionally deletes, retracts, closes, changes the label, relabels, and/or changes the date, month, and year of expiration of the Food circulated as intended in Article 99 shall be liable to a maximum imprisonment of 2 (two) years or a maximum fine of IDR 4,000,000,000.00 (four billion Rupiah).”

2. Article 144 of Food Law

“Any person who intentionally gives false or misleading information or statements on the label as referred to in Article 100 paragraph (2) shall be sentenced to a maximum imprisonment of 3 (three) years or a maximum fine of IDR 6,000,000,000.00 (six billion Rupiah).”

3. Article 145 of Food Law

“Any person who intentionally contains information or statements about food traded through false or misleading advertisements as referred to in Article 104 paragraph (2) shall be sentenced to a maximum imprisonment of 3 (three) years or a maximum fine of IDR 6,000,000,000.00 (six billion Rupiah).”

The amount of the above crime will be different if the crime was committed by a corporation. In addition to imprisonment and fines against management, corporations are imposed threefold criminal fines against individuals.

In addition to criminal fines, corporations are subject to additional criminal sanction in the form of:

1. Revocation of certain rights; or
2. Announcement of the judge’s decision.

Hope this is useful.

FREDRIK J. PINAKUNARY LAW OFFICES

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