A regulation on genetically engineered food products has been issued by the Head of Food and Drug Supervisory Agency (“BPOM”), as the implementation regulation for Article 7, Article 20 (4) and Article 27 (6) of Government Regulation No. 21 of 2005 on Biosafety of Genetically Engineered Products and for Article 14 (5) of Government Regulation No. 28 of 2004 on Food, Safety, Quality and Nutrition.  This implementation regulation is issued as BPOM Regulation No. HK. 03. Year 2012 on Guidelines for the Assessment of the Safety of Genetically Engineered Food Products (the “Regulation”). It replaces the previous BPOM regulation No. HK. of 2008.

The following are the provisions of note:

Genetically engineered food products (GE Foods) are foods that are derived from Genetically Engineered products, covering the raw material, the additional material and other material that is used in the production of the foods and processed foods (art. 2); All (GE Foods) that are either produced in or entered into Indonesia must undergo a safety assessment. The assessment is done by the Commission for the Safety of Genetically Engineered Products (the “Biosafety Commission”). (art. 3) Material that is used to aid the processing and is not identified in the final food product is excluded from the assessment requirement (art. 4) The decision on whether a GE Food passes the assessment in made by the Head of BPOM on the basis of the recommendation of the Biosafety Commission. (art. 5). If the GE Food is approved, the BPOM will issue the permit to circulate the food. The Regulation applies to all (GE Foods) that are produced in or entered into Indonesia. The guidelines themselves are set out in the Regulation’s Appendix. Issued on 7 March 2012, this regulation has been in force since 3 April 2012.