Peru's National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) has ruled that the requirement for food and beverage companies to renew their HACCP Technical Validation Certificate every two years constitutes an illegal bureaucratic barrier. As a result, the two-year validity limit for HACCP Technical Validation Certificates has been declared unlawful, and food businesses will no longer be required to periodically renew these certificates.
The decision affects provisions contained in the Regulation on Sanitary Surveillance and Control of Food and Beverages (Supreme Decree No. 007-98-SA) and the Sanitary Standard for the Application of the HACCP System in the Manufacture of Food and Beverages (Ministerial Resolution No. 449-2006-MINSA). INDECOPI determined that, under Peruvian administrative law, permits and authorizations should have indefinite validity unless a specific validity period is established by law, and that the two-year renewal requirement had been imposed through lower-level regulations without proper legal authorization. The ruling does not alter existing food safety obligations, and food and beverage manufacturers must continue to implement and maintain HACCP systems for all production lines, while the Ministry of Health retains its authority to conduct inspections and verify compliance with food safety requirements.