Terms and Conditions of Snack Import in Indonesia

PERTANYAAN

Do imported snacks also have to be licensed by BPOM? Then in the management process, is API required as a condition of management?

INTISARI JAWABAN

Processed food, in this case, snacks, that will be entering Indonesia must have a distribution permit, fulfill import permit or requirements, and have a Post Border Import Certificate. One of the requirements for a Post Border Import Certificate application is a Business Identification Number which also applies as an Importer Identification Number. This means that an Importer Identification Number is required for food (snack) imports. What are distribution permits, Post Border Import Certificates, and Business Identification Numbers? How are they regulated?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Syarat dan Ketentuan Impor Snack di Indonesia written by Dian Dwi Jayanti, S.H. and was published on Tuesday, 1 August 2023.

This article is the third update of the article entitled Distribution Permit for Imported Snacks written by Sovia Hasanah, S.H. and was published on Friday, 12 January 2018.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Permission to Distribute Imported Snacks from BPOM

To answer your question about the regulation of imported snacks, we can refer to BPOM Regulation 27/2022. For your information, BPOM means Badan Pengawas Obat dan Makanan a.k.a. the Indonesian Food and Drug Authority. According to Article 2 BPOM Regulation 27/2022, drugs and foods that are imported into Indonesia for distribution must have a distribution permit. In addition to having a distribution permit, drugs and food imported into the territory of Indonesia must also comply with the provisions of laws and regulations.

A distribution permit is a form of approval for the registration of drugs, traditional medicines, quasi-drugs, health supplements, and processed food or a form of approval in the format of notification that cosmetics have been notified, fulfillment of processed food commitments and approval of processed food to be distributed in the territory of Indonesia.[1]

The entry of drugs and food can only be carried out by the distribution license holder or their proxy.[2] In the event that the entry is carried out by a proxy, then:[3]

1. the proxy must have a license in accordance with the provisions of laws and regulations;
2. the entry and distribution of the product is the responsibility of the distribution permit holder;
3. the power of attorney must clearly state the address and status of the warehouse where the product is stored; and
4. the quality control of the drug before circulation is still carried out by the distribution license holder.

In addition to meeting the requirements of the distribution license, the importation of drugs and food must also be approved by the Head of the Indonesian Food and Drug Authority or BPOM in the form of:[4]

1. Border Import Certificate (Surat Keterangan Impor/ "SKI"), for the entry of drugs and traditional medicines into the territory of Indonesia; or
2. Post Border Import Certificate (Surat Keterangan Impor Post Border/ ”SKI Post Border”), for the entry of quasi-drugs, health supplements, cosmetics, and processed food into Indonesia.

Both Border Import Certificate and Post Border Import Certificate are only applicable for one entry (import).[5]

Based on the above provisions, snacks are included as processed food that needs to obtain a Post Border Import Certificate. Post Border Import Certificate is an approval letter for the entry of goods into the territory of Indonesia which is fulfilled before or after the release of goods from the customs area in the context of monitoring the distribution of drugs and food.[6]

Another provision that must be considered is that to obtain a Post Border Import Certificate on food or snacks that are imported into the territory of Indonesia, at the time of submitting an application for a Post Border Import Certificate, the food or snacks must have a shelf life of at least 2/3 of the shelf life.[7]

Requirements and Procedures for Obtaining Post Border Import Certificates

Post Border Import Certificate applicants must have a Business Identification Number a.k.a. Nomor Induk Berusaha through the Online Single Submission system to obtain Post Border Import Certificate services.[8] In the event that the application is submitted by a proxy, the proxy must obtain a power of attorney authorized by a notary.[9]

Applicants for Post Border Import Certificate register through electronic data entry and upload supporting documents on the official website of the BPOM Post Border Import Certificate service or the Indonesian National Single Window System.[10]

Supporting documents consist of the following scanned results:[11]

1. original application letter signed by the director or proxy of the director;
2. original statement letter of the person in charge with sufficient stamp duty;
3. original power of attorney for importation made in the form of a public deed by a notary, if the Border Import Certificate Applicant or Post Border Import Certificate Applicant is a power of attorney in the execution of imports;
4. HS Code list of commodities to be imported;
5. original Identity Card of the person in charge; and
6. photos of the warehouse and company office looking front and back.

In addition to meeting the above requirements, the application for Post Border Import Certificate on processed food must also be accompanied by a scan of the original document of the Processed Food Safety Management System Certificate at the means of distribution.[12]

Registration of Post Border Import Certificate applicants is only done once as long as there is no change in the applicant's data.[13]

Business Identification Number for Snack Importers

Based on the explanation above, answering your question, in the process of applying for Import Certificates for food imports, it is necessary to have a Business Identification Number.

According to Article 3 section (1) Regulation of the Minister of Trade 20/2021, importers must possess Business Identification Number which serves as Importer Identification Number.

Business Identification Number which serves as Importer Identification Number consist of:[14]

1. General Importer Identification Number (in Bahasa Indonesia is known as Angka Pengenal Importir Umum – “API-U”); and
2. Producer Importer Identification Number (in Bahasa Indonesia is known as Angka Pengenal Importir Produsen – “API-P”).

Business Identification Number which applies as API-U is only given to importers who import certain goods for the purpose of trading.[15] Meanwhile, the Business Identification Number which applies as API-P is only given to importers who import certain goods for their own use as capital goods, raw materials, auxiliary materials, and/or materials to support the production process.[16]

Based on the description above, food (in this case snacks) that will be entering Indonesia must have a distribution permit, meet the import requirements, and have a Post Border Import Certificate. One of the requirements for a Post Border Import Certificate application is a Business Identification Number that serves as an Importer Identification Number. This means that an Importer Identification Number is required for food (snack) import management.

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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Regulation of the Minister of Trade Number 20 of 2021 on Import Policies and Arrangements as amended by Regulation of the Minister of Trade Number 25 of 2022 on the Amendment to Regulation of the Minister of Trade Number 20 of 2021 on Import Policies and Arrangements;
2. Regulation of the Indonesian Food and Drug Authority Number 27 of 2022 on Supervision of the Entry of Food and Drugs into Indonesian Territory.

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[1] Article 1 number 5 Regulation of the Indonesian Food and Drug Authority Number 27 of 2022 on Supervision of the Entry of Food and Drugs into Indonesian Territory (“BPOM Regulation 27/2022”).

[2] Article 6 section (1) BPOM Regulation 27/2022.

[3] Article 6 section (4) BPOM Regulation 27/2022.

[4] Article 3 section (1) and (2) BPOM Regulation 27/2022.

[5] Article 3 section (3) BPOM Regulation 27/2022.

[6] Article 1 number 4 BPOM Regulation 27/2022.

[7] Article 4 section (1) letter b BPOM Regulation 27/2022.

[8] Article 8 section (1) BPOM Regulation 27/2022.

[9] Article 8 section (5) BPOM Regulation 27/2022.

[10] Article 9 section (1) BPOM Regulation 27/2022.

[11] Article 9 section (2) BPOM Regulation 27/2022.

[12] Article 10 section (1) BPOM Regulation 27/2022.

[13] Article 11 section (1) and (2) BPOM Regulation 27/2022.

[14] Article 3 section (2) Regulation of the Minister of Trade Number 20 of 2021 on Import Policies and Arrangements (“Regulation of the Minister of Trade 20/2021”).

[15] Article 3 section (4) Regulation of the Minister of Trade 20/2021.

[16] Article 3 section (5) Regulation of the Minister of Trade 20/2021.