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Bureaucratic Barriers and Life Sciences Alert - June 2026
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INDECOPI rules that the two-year validity period for HACCP Plan certificates constitutes an illegal bureaucratic barrier
On June 10, 2026, the Official Gazette El Peruano published Resolution No. 0184-2026/SEL-INDECOPI (the “Resolution”) was published, declaring the imposition of a specific two-year validity period for the Official Technical Validation Certificate of the “Hazard Analysis and Critical Control Points Plan” (the “HACCP Plan”) to be an illegal bureaucratic barrier.
This bureaucratic barrier is contained in the following regulations issued by the Ministry of Health (“MINSA”):
- Section 58-A of the “Regulations on the Health Surveillance and Control of Food and Beverages,” approved by Supreme Decree No. 007-98-SA; and
- Article 33 of the “Health Standard for the Application of the HACCP System in the Manufacture of Food and Beverages,” approved by Ministerial Resolution No. 449-2006-MINSA.
The Resolution states that MINSA violated Article 42 of the Consolidated Text of the General Administrative Procedure Act, which provides that licenses are valid for an indefinite period, unless a specific term of validity is established by law or legislative decree; or, exceptionally, such a term is established by supreme decree, provided that the entity substantiates the need, the public interest to be protected, and other criteria in accordance with regulatory quality standards.
The bureaucratic barrier declared illegal is inapplicable in favor of all citizens, effective the day following the publication of the Resolution in the Official Gazette El Peruano.
It should be noted that the Resolution does not declare the validity periods established in the specific case of administrative acts issued to date to be illegal.