Abstract
The paper critically evaluates the current Indonesian genetically modified (GM) food labeling regime as it is embedded in the international trade law and policy system. This research proposes a GM food labeling regulation for Indonesia based on the socio-economic demands of Indonesia on the one hand and the demands of international trade law and policy on the other. It answers the following research questions: What are the legislative requirements for labelling of genetically modified organisms (GMOs) according to Indonesian law? How should Indonesian law on GM food labelling be designed to meet the interests of its peoples and provide access to foreign markets? We highlight the major weaknesses of the Indonesian GM food labelling law from the perspective chosen in this paper, such as the dependence on regulation from bigger trading blocs, lack of consideration for the socio-economic characteristics of Indonesia, and a low level of compliance. To overcome these shortcomingss, we propose a novel GM food labeling regulation for Indonesia that is based on the concept of Food Safety Objective/Appropriate Level of Protection (FSO/ALOP) applicable to developing countries.
Highlights
Modified (GM) food labelling in Indonesia is inspired by Japanese genetically modified (GM) food regulation1, which is a hybrid of the regulations found in the European Union (EU) and the United States of America (USA)
Based on the doctrinal analysis and criticisms provided concerning the existing law on genetically modified organisms (GMOs) labelling, we apply the FSO/appropriate level of protection (ALOP) approach applicable to developing countries5 to structurally analyse and recommend an improved labelling regime based on science, societal demands and international trade law
The ineffective regulatory implementation in Indonesia is evident in the lack of labeling in practice: GM food is mostly not labeled when it is exposed to consumers
Summary
Modified (GM) food labelling in Indonesia is inspired by Japanese GM food regulation, which is a hybrid of the regulations found in the European Union (EU) and the United States of America (USA). The ineffective implementation of this regulation in Indonesian markets endorses a general criticism towards the effectiveness of such legal transplants, especially legal transplants from developed to developing countries.4 Taking this criticism seriously, this research proposes a GM labeling regulation for Indonesia which aims to balance the socio-economic demands of Indonesia with the demands of international trade law and policy. Based on the doctrinal analysis and criticisms provided concerning the existing law on GMO labelling, we apply the FSO/ALOP approach applicable to developing countries to structurally analyse and recommend an improved labelling regime based on science, societal demands and international trade law.. Where scientific insights as a normative basis are absent, this paper employs a functional comparative legal analysis to determine the missing data This approach is in line with the requirements of the FSO/ALOP framework for developing countries as dicussed elsewhere by the authors.. This section highlights the key features of GM food regulation in the Indonesian regulatory framework and evaluates its effectivity with regards to the enforcement of international trade law and policy
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