Want to Sell Processed Food? Don’t Forget to Apply SMKPO!
“In addition to being required to be registered, processed food must also be guaranteed for its production process, from producers to consumers. This guarantee is proven by a Processed Food Safety Management System Certificate (SMKPO Certificate).”
To ensure the quality and safety of processed food so that it is maintained throughout the distribution chain, The National Agency of Drug and Food Control (BPOM) requires every business actor to implement a Processed Food Safety Management System in Production Facilities (SMKPO).
The circulation chain in question includes the receipt, storage, display, distribution, transportation, and/or distribution of processed food.
This provision is regulated in BPOM Regulation Number 21 of 2021 concerning the Implementation of a Processed Food Safety and Quality Assurance System in Distribution Facilities (Perka BPOM Number 21 of 2021).
If you look at the Perka BPOM Number 21 of 2021, every business actor can independently carry out risk-based supervision regarding the process of circulating processed food through this SMKPO.
Obligation to Apply CPerPOB Guidelines
The requirements for implementing the SMKPO are implemented by applying the guidelines for Good Processed Food Circulation (CPerPOB). In other words, CPerPOB is a reference used in distributing processed food (Perka BPOM Number 21 of 2021).
The scope of the CPerPOB that is used as a reference consists of (Attachment I of Perka BPOM Number 21 of 2021):
- General provisions of a good way of circulation
- Management responsibilities
- Food safety plan
- Quality management system
- Building standards and facilities
- Terms of acceptance and storage
- The legality of facilities and products
- Cleaning, sanitation, and maintenance
- Personnel
- Terms of transportation and carriage
- Terms of display
SMKPO Certificate
Business actors who have implemented SMKPO by the CPerPOB guidelines, then they can then apply for an SMKPO Certificate.
There are two types of SMKPO Certificates which are distinguished by category of business actors, including (Perka BPOM Number 21 of 2021):
- SMKPO Commitment Fulfillment Certificate, for:
- Business actors in traditional food retail facilities
- Business actors in modern food retail facilities in the form of minimarkets
- Market manager
- SMKPO Standard Compliance Certificate, for:
- Business actors in modern food retail facilities other than minimarkets
- Distributor
- Importer
Both types of SMKPO Certificates could be managed through the Online Single Submission system (OSS system) owned by the Ministry of Investment/Investment Coordination Agency.
Certificate of Fulfillment of SMKPO Commitment and Certificate of Compliance with SMKPO Standards in the OSS system is located in the Business Licensing section to Support Business Activities (PB UMKU).
If the business actor has chosen one of the SMKPO Certificates according to his business activities in the PB UMKU section, then the OSS system will direct the e-certification system owned by BPOM.
The process of issuing the SMKPO Certificate is completed through the BPOM e-certification system. Therefore, business actors are asked to register access rights (for those who do not have an account on the BPOM e-certification system).
If you already have an account, business actors can complete various document requirements according to the system’s request.
Furthermore, verification and a warrant will be carried out to pay the Non-Tax State Revenues (PNBP) for the issuance of the SMKPO Certificate.
Documents that should be Prepared to carry out the Application for the Issuance of the Certificate of Fulfillment of Commitment of SMKPO
Several documents should be prepared by business actors to obtain a Certificate of Fulfillment of Commitment to SMKPO, namely (Perka BPOM Number 21 of 2021):
- Business Registration Number (NIB)
- Company data, such as Taxpayer Identification Number (NPWP), business license, address, and so on
- Statement letter to fulfill the commitment of SMKPO obtained from the BPOM e-certification system
Documents that should be Prepared to carry out the Application for the Issuance of the SMKPO Standard Compliance Certificate
Meanwhile, several documents must be prepared by business actors to obtain a Certificate of Compliance with SMKPO Standards, namely (Perka BPOM Number 21 of 2021):
- NIB
- Company data, such as Taxpayer Identification Number (NPWP), business license, address, and so on
- Statement letter for compliance with SMKPO standards (obtained from the BPOM e-certification system)
- Internal Audit System related to the implementation of SMKPO (obtained from the BPOM e-certification system)
- Facility layout (obtained from BPOM e-certification system)
- Food Safety and Food Quality Documents according to the CPerPOB guidelines (obtained from the BPOM e-certification system)
Application of SMKPO
If the SMKPO Certificate has been issued, then the business actor is required to implement the SMKPO consistently by conducting an Internal Audit at least every six months.
In implementing SMKPO, business actors are required to have SMKPO documents in the form of Food Safety Manual Documents which are a reference in implementing, monitoring, evaluating, and developing SMKPO including manuals/guidelines/standard operating procedures/work instructions.
In addition, business actors are also required to form an SMKPO team that has duties and responsibilities in the form of (Perka BPOM Number 21 of 2021):
- Draw up SMKPO documents
- Register for the SMKPO Certificate through the official BPOM public service website
- Implement SMKPO Internal Audit
- Implementing SMKPO
- Carry out specific operational tasks
- Verification of SMKPO independently
- Prepare and assist with verification by SMKPO inspectors
- Check and validate the implementation of SMKPO
- Prepare change documents related to SMKPO Certificate, if needed
Change of SMKPO Certificate
Business actors are required to apply for changes to the SMKPO Certificate (either Certificate of Commitment Fulfillment or Standards) if there are several changes as follows (Perka BPOM Number 21 of 2021):
- Change of address that does not change location;
- The change of company’s name; and/or
- Addition of activities without being accompanied by changes in NIB
However, business actors shall apply for the issuance of a new SMKPO Certificate if there are changes in the form of (Perka BPOM Number 21 of 2021):
- Change of address accompanied by the change of location; and/or
- The addition of activities is accompanied by a change in NIB
SMKPO Certificate Validity Period
In BPOM Regulation No. 21 of 2021, the validity period of the SMKPO Certificate is five years. Therefore, business actors are required to apply for an extension of the SMKPO Certificate.
The application can be made within a maximum period of six months and no later than one month before the expiration of the SMKPO Certificate (Perka BPOM Number 21 of 2021).
Penalty
Business Actors who do not implement SMKPO may be subject to administrative penalties in the form of (Perka BPOM Number 21 of 2021):
- Warning;
- Temporary suspension of activities;
- Imposition of administrative fines;
- Withdrawal of processed food from circulation;
- extermination;
- Freezing of SMKPO certificates;
- Revocation of SMKPO certificate; and/or
- License revocation.
Do you want to take care of SMKPO, but are confused about adjustments through OSS RBA? Feel free to contact us, Prolegal!
Author: Faiz Azhanzi Yazid
Editor: Bidari Aufa Sinarizqi
Translator: Angelie Kartika Putri