Must know, this is the difference between BPOM and SPP-IRT Edar License!

The food business is now one type of business that is in demand by business people. The pandemic factor that makes people spend more time at home makes people also easily experience boredom. As a result, many people then choose to buy food for consumption. This is what makes the food business a business that is “ogled” by business people. When someone sells food, the business actor is certainly required to have a distribution permit first. This is also stated in Article 91 of the Food Law which states, in terms of safety, quality, and nutrition supervision, every processed food made domestically or imported to be traded in retail packaging must have a distribution permit. In Indonesia, the applicable distribution permit itself is divided into two, namely the BPOM Circular Permit and SPP-IRT. Although they both function as distribution permits, the BPOM Edar Permit and SPP-IRT are two different legalities. Well, to find out what is BPOM Edar Permit and SPP-IRT, how to obtain it, and the differences between the two distribution permits, Kontrak Hukum will discuss it in the following article.

Definition of BPOM Circular Permit and SPP-IRT

BPOM Edar Permit is an approval of processed food assessment results issued by the head of the agency in the context of processed food circulation. Meanwhile, Food Production Certificate-Household Industry (SPP-IRT) is a written guarantee given by the regent/mayor to food produced by IRTP in his/her working area that has fulfilled the requirements for granting SPP-IRT in the context of food circulation produced by IRTP.

Type of Processed BPOM Circulation Permit

A distribution permit is mandatory for every processed food produced domestically or imported for trade in retail packaging. In addition, a distribution permit is also required for food:

• Food fortification.
• SNI food is mandatory.
• Food government program.
• Food intended for market testing.
• Food additives (BTP).

However, distribution permits are exempted for several types of processed food, including:

• Processed food produced by the household food industry;
• Processed Food that has a shelf life of less than 7 (seven) days;
• Processed food imported in small quantities for the purpose of:1. Samples for the purpose of registration; 2. Research; 3. Own consumption;
• Processed food that is further used as raw material and not sold directly to end consumers;
• Processed food that is packaged in bulk and not sold directly to end consumers;
• Food that is sold and packaged directly in front of the buyer in small quantities according to consumer demand;
• Ready-to-eat food; and/or
• Food that has only undergone minimal processing (post-harvest) including washing, peeling, drying, grinding, cutting, salting, freezing, mixing, and/or blanching and without the addition of BTP, except BTP for glazing.

SPP-IRT Processed Type

SPP-IRT is granted for processed food produced by the household industry that is circulated in retail packaging and labeled. The types of processed food produced by the household industry include:

1. Dried meat products (meat jerky, skin crackers, and the like).
2. Dried fish products (ebi, dried shrimp paste, salted fish, and the like).
3. Dried poultry products (fried chicken skin, shredded chicken, and the like).
4. Processed vegetable products (pickles, dried mushrooms, candied seaweed, and the like).
5. Processed coconut products (geplak, serundeng kelapa, and the like).
6. Flour and its processed products (biscuits, pastries, fried macaroni, moci, rempeyek, dumplings and the like).
7. Oils and fats (coconut oil, sesame oil, and the like).
8. Jams, jellies, and the like (agar jelly, marmalad, crimson, grass jelly, and the like).
9. Sugar, confectionery, and honey (candy, chocolate, cotton candy, honey, syrup, and the like).
10. Dried coffee and tea (ground coffee, green tea, and the like).
11. Condiments (dry cooking spices, soy sauce, ketchup, chili sauce, peanut sauce, and the like).
12. Spices (dried/powdered ginger, dried/powdered white/black pepper, and the like).
13. Powdered drinks (coffee powder drinks, flavored powdered drinks, and the like).
14. Processed fruit products (fruit chips, pickled fruit, banana sale, and the like).
15. Processed products of grains, beans, and tubers (rengginang, emping, fried peanuts, kwaci, opak, and the like).

SPP-IRT exemption

Specifically for the types of food that must be fortified and food with claims, they must be registered to obtain a distribution permit. This means that there are exceptions to processed food that cannot use this permit even though they are produced by home industries. The foods in question include:

• Products processed by commercial sterilization (pasteurization).
• Frozen food products whose storage requires a freezer.
• Special diet products and special medical food (complementary food, breast milk booster, infant formula, advanced formula, food for diabetics).
• Home industry products that are overseas (imported).

How to obtain a BPOM distribution license

To obtain a distribution license, business actors can apply directly or electronically by filling out the form and completing the required documents, including:

1. TIN.
2. Business license in the field of food production.
3. Production facility audit results or PMR Charter or CPPOB Certificate
4. Notarial Deed of Company Establishment.
5. Power of attorney to register processed food if represented.

Specifically for imported processed food, there are several additional document requirements that must be completed, namely

1. Trading Business License (SIUP) or Import Identification Number (API) or Letter of Designation as Registered Importer (IT) for Alcoholic Beverages.
2. Audit results of distribution facilities.
3. GMP/HACCP/ISO 22000 certificate/PMR Charter/similar certificate issued by an authorized/accredited institution and/or audit results from the local government.
4. Letter of Appointment from the overseas originating company.
5. Health Certificate or Free to Sell Certificate.

Furthermore, BPOM will conduct an assessment. The result of the assessment may be a request for data completeness/clarification, rejection, or approval. If the decision results in registration approval, a Processed Food Distribution Permit will be issued.

How to obtain SPP-IRT

To be able to obtain SPP-IRT, business actors must first make an application to the one-stop integrated service unit (PTSP) in the city/regency where the business is conducted. The application is made by filling out a form and attaching other documents, such as a certificate or business license from the sub-district head, food label design, food safety counseling certificate, floor plan and photos of the production location. PTSP will then conduct an examination of the applicant’s forms and documents. After the forms and documents have passed the administrative examination, the district/city food inspectors will inspect the food production facilities of the IRT owned by the applicant. If the results of the inspection of production facilities show that the IRTP is in level I – II, the health office will provide a recommendation for SPP-IRT. The regent/mayor through the PTSP will then submit the SPP-IRT to the applicant who has met the requirements.

Validity Period

The Edar Permit is valid for 5 years and can be extended through re-registration 10 days before the permit expires. Processed food whose license has expired is prohibited from being produced and/or distributed. However, if the processed food distribution permit is still in the process of re-registration or has obtained an extension of the distribution permit, the product may be circulated for a maximum of 6 (six) months since the distribution permit is no longer valid. SPP-IRT is valid for 5 years as of issuance and can be extended through SPP-IRT application at the latest 6 months before the SPP-IRT validity period expires. If the SPP-IRT validity period has expired, the food produced is prohibited from being circulated.

KH Contact

Well, that’s the explanation of the difference between BPOM and SPP-IRT distribution permits. In essence, any processed food must have a permit to be traded, in the form of a BPOM distribution permit or SPP-IRT. However, keep in mind that SPP-IRT is only used as a distribution permit for small-scale food industries or small micro businesses. When your business has grown and changed scale to become large, SPP-IRT is no longer valid and you need to apply for a new distribution permit in the form of a BPOM distribution permit. If Sobat KH still has questions about the distribution permit, needs help to fulfill the legality of Sobat KH, or wants to consult about business, business legality, and other legal issues, do not hesitate to contact Kontrak Hukum at the following link Tanya KH or through our Instagram social media @kontrakhukum, Kontrak Hukum is ready to help and provide the best solution.