BPOM Circular Letter Number 2 of 2026 Prevents the Misuse of Laughing Gas, Tightens Production and Import Controls

Introduction

On 27 February 2026, the Indonesian Food and Drug Authority (“BPOM”) issued Circular Letter of the Head of the Indonesian Food and Drug Authority Number 2 of 2026 on Provisions for the Production, Importation, Registration, and Distribution of the Food Additive Dinitrogen Monoxide (N2O) (“BPOM Circular Letter 2/2026”), which took effect on that date. This circular letter is addressed to food producers, distributors, and importers, as well as officials within BPOM. BPOM Circular Letter 2/2026 provides legal clarity regarding the procedures governing the production through distribution of the Food Additive Dinitrogen Monoxide and serves as a reference for officers conducting supervision in the field.

BPOM Circular Letter 2/2026 is based on findings of an increasing trend in the misuse of the Food Additive (“FA”) Dinitrogen Monoxide (N2O), commonly known as “laughing gas”, where individuals inhale it directly to obtain a temporary euphoric effect. BPOM considers this condition highly concerning because such use outside its intended purpose may cause serious health impacts and even death. Therefore, BPOM has taken strategic measures to tighten and clarify the regulatory framework in order to protect public health from the risks arising from the misuse of this substance.

 

Key Provisions

Distribution Authorization Requirement and Packaging Size Limitation

According to points 1 and 2 of the Main Content section of the Circular Letter, every preparation of the Food Additive Dinitrogen Monoxide (N2O), whether produced domestically or imported, must obtain a distribution authorization. BPOM limits the packaging size, under which businesses may only produce or import this preparation in primary packaging with a maximum net weight of 10 grams (ten grams) per unit. The product may be distributed individually or packaged in secondary packaging (multipack).

Product Labeling Standardization

According to point 3 of the Main Content section of the Circular Letter, each label of Food Additive Dinitrogen Monoxide preparations distributed in the market must contain complete and clear information. Such information must include the following details:

1. Product name;
2. Net weight/content;
3. Name and address of the producer or importer;
4. Production date and production code;
5. Expiration statement;
6. The wording “Food Additive”;
7. Name of the Food Additive group;
8. Name of the Food Additive type; and
9. Maximum limit of Food Additive use in processed food.

Obligations of Producers and Importers

Pursuant to point 4, producers of the Food Additive Dinitrogen Monoxide, including parties carrying out packaging or repackaging (repackers), must possess a License for the Implementation of Good Processed Food Production Practices (IP-CPPOB). Meanwhile, for importers distributing the Food Additive Dinitrogen Monoxide, point 5 requires the possession of a certificate for the implementation of the Processed Food Safety Management System (SMKPO) at Distribution Facilities. In addition, the importation of the Food Additive Dinitrogen Monoxide must comply with all applicable laws and regulations.

Product Specifications and Educational Obligations

Point 7 states that the Food Additive Dinitrogen Monoxide must comply with the specifications stipulated in the Indonesian Food Codex and its supplements. Based on point 8, businesses must provide information and education to consumers that the Food Additive Dinitrogen Monoxide may only be used for food processing and/or food serving purposes, and must not be inhaled or otherwise misused.

Periodic Reporting Obligations

According to point 9, all producers, distributors, and importers must submit reports on the production, importation, and distribution of the Food Additive Dinitrogen Monoxide to the Head of BPOM through the Deputy for Processed Food Supervision. This report must be submitted regularly every 6 (six) months.

 

Closing

BPOM Circular Letter 2/2026 is issued to prevent the misuse of the Food Additive Dinitrogen Monoxide (N2O), or “laughing gas”, by tightening governance from the stages of production or importation through distribution. This regulation requires the possession of distribution authorization, limits primary packaging to a maximum of 10 grams, and obliges businesses to comply with labeling standards, obtain certifications (IP-CPPOB/SMKPO), conduct consumer education, and report their activities every six months in order to ensure the protection of public health while supporting the needs of the food industry.