top of page
Search

Indonesia's Food Safety at Risk: Cracking Down the Recent Chinese Snack Recall

Writer's picture: ILMCC UPHILMCC UPH

Written by: Jasmine Angel Jlita and Celestial Darya Suryadi


 

Food hygiene and regulatory compliance are essential in the food industry to safeguard consumers and ensure adherence to food safety standards. Food hygiene looks after public health by preventing contamination and ensuring the safety of food products. Nevertheless, food safety in Indonesia has raised concerns following a mass poisoning incident in Central Java caused by the consumption of Latiao, a spicy Chinese snack that has recently gone viral due to its addictive savory and spicy taste. This incident underscores the critical link between food safety practices and public health, as consuming contaminated food products can pose significant health risks, particularly given the diverse range and widespread availability of snack products. This issue is connected to several laws that provide a legal framework for food safety, as well as the regulation of import permits for Chinese food products entering Indonesia. This article analyzes the regulatory responses to the Latiao mass poisoning case and evaluates its impact on public health. 



Badan Pengawas Obat dan Makanan (BPOM) is the authority responsible for overseeing food and drug safety under the Indonesian government. In the recent case, the Head of BPOM's Semarang Main Office, Lintang Purba Jaya, announced the confiscation of 819 packages of Latiao from 45 locations across Central Java. BPOM's investigation of distribution facilities discovered several violations and malpractices, indicating that the Latiao may have been contaminated with Bacillus cereus bacteria during its distribution in Indonesia rather than at the production stage. According to the Regulation of the Head of the National Agency of Drug and Food Control of the Republic of Indonesia, No. 22 of 2017, concerning the Withdrawal of Food Products from Circulation, food product recalls are categorized into three classes based on the level of risk to public health. Class I recall occurs when the consumption of a food product causes serious health issues or death. Class II recall applies when the consumption results in temporary health issues. Finally, a Class III recall is initiated when the food product violates statutory regulations rather than causing health issues. In this case, the incident falls under Class II recall, which requires the product to be withdrawn within 30 days of BPOM's warning.


Furthermore, it is stated in Article 21(1) of Law No. 8 of 1999 on Consumer Protection that an importer has the same responsibility as the manufacturer of the goods unless the goods are brought into the country by the producer's agent or representative. Under this law, distributors would be held accountable for the contamination and poisoning incidents. To further support this, Law No. 18 of 2012 on Food reinforces the importance of food safety by setting requirements for proper handling, storage, and distribution practices to protect public health. Article 82(1) of the same law specifies that food packaging must be free from pathogenic microorganisms, which includes Bacillus cereus.


Consequently, an urgent action is necessary to emphasize manufacturer and distributor liability. It is widely recognized that producers and distributors bear legal responsibility for the safety of the products they market and are obligated to assume liability should any harm arise from their products. The procedure for identifying the source of contamination may be challenging, followed by consumers' lack of awareness, which presents legal challenges in enforcing the existing laws. Thus far, the only corrective measure taken is the withdrawal of Latiao products.


As this case involves an imported product from another country, the legal frameworks that are applicable internationally must be taken into consideration. In this case, The World Trade Organization (WTO) has many agreements to keep international trade safe and regulated to ensure smooth sailing, Including the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS). The SPS is a framework that focuses on the relationship between the health and well-being of the people and international trade. Produce and other products can introduce or bring various safety and health risks from one area to another, which is why this agreement was made in the first place. This agreement aims to reduce the risk of disease or pest from spreading and protect countries from the adverse side effects that may impact the whole nation, including its people, animals, plant life, and overall health, while also publishing regulations that act as a prevention method. Article 2 of the agreement dictates the basic rights and obligations of the parties involved, requiring the members to take the actions necessary to maintain the product’s safety for consumers. Article 3 goes into further detail, with members having to ensure that their sanitary methods fit international standards.


Furthermore, ASEAN has its own food safety regulations and as a member of the association, Indonesia is bound by those rules and regulations. Principle 5 of the ASEAN Food Safety Policy requires all of its members to uphold the requirements of WTO’s SPS Agreement and the ASEAN Trade in Goods Agreement (ATIGA) to ensure their imported or exported products are consistent with international health standards. Within ASEAN itself also exists its Food Safety Regulatory Framework (AFSRF), which is responsible for health, trade, and agriculture, facilitating the free flow of food and enhancing consumer’s health within ASEAN while ensuring the safety of the food being traded. Ultimately, these legal frameworks always link back to WTO’s SPS agreement as the basis for international trade when it comes to food safety, as the majority of countries around the world are members of the WTO and its Sanitary and Phytosanitary Agreement due to its comprehensive and detailed regulations held at an international level. Australia has successfully implemented the SPS agreement into their government’s framework, combining the two SPS enquiry and notification functions and responsibilities into one administrative position called the 'SPS Contact Point', managed by the Department of Agriculture, Fisheries and Forestry (DAFF). The SPS Contact point is responsible for all of Australia’s food agencies and departments, submitting all of the country’s SPS notifications directly to WTO.


The importance of keeping up health and safety measures (especially for consumable products) has been made clear after the mass poisoning incident caused by the contaminated Latiao. Stricter quality checks and protocols must be mandated, particularly on smaller-scale imported food distributors and facilities. Public awareness of international food safety standards and agreements must also be promoted, as food plays a vital role in people’s daily lives and a single mishap can lead to deadly consequences. It’s widely known that public knowledge of food hygiene is relatively low within Indonesia. Small home-run businesses might also not have been educated about national and international safety and sanitary protocols when importing and distributing food, which could explain why the Latiao distributor facilities were found violating several food safety regulations. Training food handlers have been discovered to be one of the most effective methods to prevent foodborne diseases. The government must also take the steps needed to ensure that Indonesia’s food safety is controlled as per international agreements, equipping state officials with the knowledge and necessary technology as well as the systems and databases required to monitor even the smallest of businesses to verify that they meet national or even better, international food safety standards. The legal frameworks to regulate and encourage a safer way to process, handle, and consume (imported) food exist, but more specific and stricter regulations need to be made. Regular randomized tests and checks must be done to ensure that the products are safe for consumption and according to Indonesia’s national and international food safety regulations before they are delivered to the public. 


Food Safety risks pose a great concern to many, which is why various steps have been taken to reduce the risk of them happening. Regulations have also been established to ensure everything is according to national and international standards. Such regulations help to hold the wrongdoers accountable and bring justice to the victims. As the Latiao case has shown, a lack of food safety measures could lead to the injury or sickness of many, which is why businesses and importers must always pay attention to the rules and regulations that apply to their trade and make sure to follow them closely. Moreover, it is crucial that all parties within and outside the country constantly remind each other of the safety protocols and methods that should be in place, acting as a collaborative event between each party involved internationally.

18 views0 comments

Recent Posts

See All

Comments


  • Facebook
  • Instagram

© 2019 by ILMCC UPH.

bottom of page