Government Regulation Number 1 of 2026 Restructures Food Safety Supervision and Sanctions

Introduction

On January 5, 2026, the Government of the Republic of Indonesia issued Government Regulation Number 1 of 2026 on the Amendment to Government Regulation Number 86 of 2019 on Food Safety (“GR 1/2026”). GR 1/2026 restructures national food safety regulations from upstream to downstream by governing the division of supervisory authority between technical ministries and the National Food Agency (Badan Pangan Nasional, “Bapanas”), and by adjusting business licensing and administrative sanction provisions in line with the Job Creation Law (Undang-Undang Cipta Kerja) framework and international trade practices.

In the considerations section, the government emphasizes the need for a clear division of supervisory authority in implementing the Job Creation Law to prevent overlapping authority among agencies, as well as the need to regulate administrative sanctions in the form of tiered fines as part of food safety enforcement and consumer protection.

Comparison

GR 1/2026 amends several provisions in Government Regulation Number 86 of 2019 on Food Safety (“GR 86/2019”). The following is a comparison between GR 1/2026 and GR 86/2019:

Key Provisions

Authority of the National Food Agency

GR 1/2026 adds the definition of Head of the National Food Agency in Article 1 Item 25A as the head of the government institution tasked with implementing governmental duties in the Food sector. Article 58 paragraph (4) states that Bapanas establishes the Norms, Standards, Procedures, and Criteria (NSPK) for Fresh Food Safety Supervision implementation. With this regulation, Businesses in the upstream sector, including agriculture and fisheries, must comply with technical standards for fresh food safety established by Bapanas in accordance with the division of authority governed in laws and regulations.

Sanitation Obligations in the Food Chain

GR 1/2026 amends Article 4 by expanding the regulation of sanitation requirements in the food chain and adding provisions on food fraud prevention.

1. Food Chain Scope: The elucidation of Article 4 Paragraph (2) states that the food chain encompasses activities from cultivation to post-harvest handling, such that sanitation requirements apply to Businesses at every stage of food activities.

2. Food Fraud Prevention: The elucidation of Article 4 Paragraph (2) Letter a states that materials capable of threatening food safety include materials used for food fraud purposes, such that Businesses must control materials and production processes to prevent the use of materials inconsistent with their intended use.

Production Facility Registration Obligation

Article 33 requires any person producing food to register their production facilities through Risk-Based Business Licensing. This provision excludes farmers, breeders, fishermen, and certain micro or small Businesses based on risk assessment. Medium and large Businesses must ensure production facilities are registered in accordance with applicable provisions.

Business Licensing for Fresh Food, Processed Food, and Catering Services

GR 1/2026 governs product classification and business types as the basis for determining business licensing as follows:

1. Processed Food

Article 34 requires processed food in retail packaging to possess Business Licensing in the form of a Distribution Permit from the Food and Drug Supervisory Agency or Home Industry Food Production Certificate (SPP-IRT) in accordance with provisions.

2. Catering Services and Mobile Food Outlets

Article 37 requires ready-to-eat processed food to possess a license, with the definition of catering services in Article 1 Item 11 encompassing restaurants, catering, and mobile food outlets (food trucks).

3. Fresh Food in Packaging and Minimal Processing

Article 38 requires fresh food of animal, plant, and fish origin distributed in labeled packaging to possess Business Licensing. The elucidation of Article 38 states that fresh food encompasses products undergoing minimal processing, including washing, peeling, cooling, freezing, cutting, drying, salting, mixing, grinding, blanching, limited heating to deactivate microbes or enzymes, and coating or glazing. Based on this regulation, products such as ground meat, frozen fish with glazing, cut fruit, and clean vegetables in packaging are categorized as fresh food and are subject to licensing by the fresh food authority in accordance with the division of authority.

Provisions on Processing Aids and Packaging

Article 31 as well as Article 24 and Article 25 govern the use of processing aids and food packaging, establishing limits on permitted material types and packaging safety requirements:

1. Processing Aids

Article 31 requires Businesses to use permitted processing aids in food production activities. The elucidation of Article 31 distinguishes processing aids used in fresh food, such as growth regulators and coating materials (wax), from processing aids in processed food, such as enzymes and clarifying agents. The use of processing aids outside the permitted types and purposes is treated as a violation of food safety provisions and may be subject to administrative sanctions according to the violation level.

2. Packaging and Food Contact Substances

Article 24 and Article 25 prohibit Businesses from using food packaging containing prohibited food contact substances or releasing substances exceeding established migration limits. This provision applies to all materials in direct contact with food, including primary packaging and coating materials. To fulfill this provision, producers are responsible for ensuring packaging specification conformity through supporting documents from suppliers, including test results or Certificates of Analysis (CoA), as part of food safety control.

Obligations in Food Export and Import

GR 1/2026 governs businesses’ obligations in food import and export activities through the following provisions:

1. Food Import

Article 44 provides that every imported food must possess an Import Approval issued based on laboratory test results by the Indonesian authority or by the authority of the country of origin having a mutual recognition agreement. If imported food enters Indonesian territory without Import Approval, Article 44 Paragraph (4) requires Businesses to destroy or re-export such food from the territory of the Unitary State of the Republic of Indonesia at their own expense.

2. Food Export

Article 53 governs the obligation of exporter Businesses to ensure that exported food complies with the food safety standards of the destination country. The government facilitates the issuance of Health Certificates or Certificates of Free Sale through the competent authority in accordance with the division of supervisory authority.

Fine Sanctions

Article 71 establishes administrative fine sanctions based on business scale and violation level as follows:

1. Severe Violation (endangering health or life)

Large businesses are subject to a maximum fine of IDR 500,000,000.00; medium businesses maximum IDR 250,000,000.00; small businesses maximum IDR 100,000,000.00; and micro businesses maximum IDR 50,000,000.00.

2. Moderate Violation (potentially affecting food safety)

Large businesses are subject to a maximum fine of IDR 50,000,000.00; medium businesses maximum IDR 20,000,000.00; small businesses maximum IDR 10,000,000.00; and micro businesses maximum IDR 5,000,000.00.

3. Minor Violation (affecting control effectiveness or quality)

Large businesses are subject to a maximum fine of IDR 20,000,000.00; medium businesses maximum IDR 10,000,000.00; small businesses maximum IDR 5,000,000.00; and micro businesses maximum IDR 2,000,000.00.

Sanction Publication and Reputational Risk

Article 57 grants authority to the Minister, Head of Bapanas, Head of BPOM, or regional governments to announce food product supervision results through mass media as part of food safety supervision implementation.

Reporting Mechanism and Crisis Coordination

GR 1/2026 governs the mechanism for reporting alleged violations and coordination of cross-sector food safety incident handling through the following provisions:

1. Reporting of Alleged Violations

Article 79 grants rights to the public and Businesses to report alleged violations of food safety provisions or incorrect food information to the technical Minister, Head of Bapanas, or Head of BPOM. The elucidation of Article 79 states that the reporter's identity must be protected.

2. Coordination of Food Safety Incident Handling

The elucidation of Article 78 governs the cross-sector coordination mechanism for handling food safety incidents. In the event of an extraordinary food safety incident involving more than one sector, the Minister of Agriculture is designated as the handling coordinator in accordance with the division of authority. This regulation clarifies the inter-agency coordination mechanism in handling national-scale food safety incidents.

Closing

GR 1/2026 adjusts national food safety regulations through the affirmation of the National Food Agency (Bapanas) authority in fresh food supervision, the restructuring of business licensing, and the regulation of administrative sanctions. The regulation clarifies the separation of authority between fresh food and processed food, affirms product classification including minimally processed fresh food, and expands businesses compliance obligations covering production facility registration, use of processing aids and packaging in accordance with provisions, as well as fulfillment of food import and export requirements. On the enforcement side, GR 1/2026 establishes administrative fine amounts based on business scale and violation level, and opens the possibility for publication of supervision results by the competent authority. Since taking effect on January 5, 2026, without any transitional period, Businesses must ensure that their business activities comply with applicable provisions, particularly with respect to licensing, sanitation, and food chain supervision, in order to minimize the risk of administrative sanctions.