KIELTYKA GLADKOWSKI KG Legal assists in complex matters related to broadly understood food law. Our many years of experience in the legal market help us to perceive new client needs and adapt to the latest legal regulations and rulings in new branches of law.
• Contract Negotiations – We assist in the development, negotiation, and verification of contracts for the production, distribution, and sale of food products, ensuring compliance with applicable laws.
• Legal Risk Management – We advise on analyzing and minimizing legal risks related to product introduction, compliance with quality standards, labeling, and complaints.
• Support in Industry Disputes – We represent our clients in disputes with administrative authorities, sanitary inspections, tax offices, as well as in matters concerning unfair competition and liability for product defects.
• Compliance with EU Regulations – We assist in adapting operations to the requirements of EU law, including regulations on food safety, labeling, and advertising of food products.
• Food Law Expertise – Our law firm has a team of specialists with extensive experience in the food sector who understand the specifics of the industry and the challenges facing entrepreneurs. • Efficiency – We act quickly and efficiently, striving to obtain the best negotiation terms and minimize legal risks. • Individualized approach – Each client and each case is unique to us. We offer solutions tailored to the specific nature of the client’s business and their business goals.
The entire process of producing food products is burdened with a considerable amount of national and EU legal regulations. In addition, food producers and distributors are required to comply with the regulations. These standards include:
Food safety is the priority goal of EU and national standards.
It consists of requirements concerning health hazards, materials intended for contact with food, bodies intended for quality control of food products. In addition, legislators determine whether a given product can be intended for children and adolescents.
The proper labeling of products intended for consumption is also regulated in many regulations. For example, we can mention the method of labeling carcasses, specified by the minister responsible for agricultural markets, the method of labeling drinking water. Plant products can also be marked with information about their type of production using markings such as: “Suitable for vegetarians”, “suitable for vegans” or “produced in accordance with the principles of integrated plant production”. The legislator also provides for penalties for:
Foodstuffs for special purposes are subject to exceptionally restrictive labeling standards and, above all, composition.
Food quality regulated, for example, in the Act of 21 December 2000 on the commercial quality of agricultural and food products, in Article 4 obliges the producer to meet the requirements for commercial quality in the field of agricultural and food products. Otherwise, the entrepreneur may receive a fine.
Food control is based on two systems supervising the production, processing and circulation of food. The following scheme defines the Food Control in Poland. Additionally, the act delegates to the Minister of Health the obligation to determine the list of substances that may be introduced into circulation in Poland and their use in food.
Our law firm takes care of informing our clients about changes in such legal acts and updates.
If a business wants to introduce a product into the market in the Republic of Poland, they should examine the target group of their product, as food products for adolescents, children, and infants (children up to 12 months of age) are further specified by the legislature to improve food safety for this age group. Another criterion is to consider the type of food, as the standards governing their production, labeling, and post-marketing inspection are defined by regulations issued by the Minister of Health (e.g., the regulation on foodstuffs for particular nutritional uses, regarding permitted additives) or the Minister responsible for agriculture, specifying templates for various documents (e.g., cattle passports), requirements for agri-food product labeling, animal disease control, data collection, and much more.
| Internal: | External: |
| Good Hygiene Practice (GHP) | State Sanitary Inspection |
| Good Manufacturing Practice (GMP) | Trade Quality Inspectorate |
| HACCP* | of Agri-Food Products |
| other | Veterinary Inspection |
| Trade Inspection |
* HCCP – Hazard Analysis and Critical Control Points System
A wide catalogue of irregularities has been listed in Section VIII on food and nutrition safety. The legislator included sanctions such as: a fine, restriction of liberty or deprivation of liberty.
Foodstuffs that do not meet the requirements specified in the provisions of European Union law or national law result in a ban on placing them on the market in the territory of the Republic of Poland.
In the event of a reasonable suspicion of a possible health hazard resulting from the use of a given product, the relevant official food control body shall request documentation of compliance with equivalent health requirements, including documents issued by the competent authorities of the country of origin, within a specified period.
However, infant formulas and infant nutrition products must not contain any substances in quantities that could be harmful to the health of infants and young children. The basic composition of infant formulas must be marked by the manufacturer in a manner specified by the Minister of Health. There must be specified:
1. Product composition assessment:
o Analysis of the quantitative and qualitative composition of ingredients.
o Verification whether the ingredients are approved for use in food (e.g., according to EU and national regulations).
o Verification whether the addition of specific substances (e.g., vitamins, minerals) qualifies the product as a dietary supplement or pharmaceutical.
2. Product intended use analysis:
o Determination of the intended use of the product by the consumer.
o In the case of borderline products, determination of whether the product has a food (e.g., meeting nutritional needs) or therapeutic purpose.
3. Labeling and marketing verification:
o Checking compliance with food labeling regulations (e.g., EU Regulation 1169/2011 on consumer information about food).
o Verification whether the slogans and graphics used do not suggest medicinal properties or non-food uses.
4. Legal Classification:
o If a product raises doubts, it is reported to the appropriate authority, such as the Chief Sanitary Inspectorate (GIS) or the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products (URPL).
o These authorities decide whether the product may be placed on the market as food, dietary supplement, medical device, or drug.
5. Marketing Authorization:
o Food products may be placed on the market without prior registration, provided they meet the requirements of food law.
o Dietary supplements require notification to the GIS before being placed on the market, while drugs and medical devices are subject to more stringent registration procedures.
• Lack of Clear Boundaries: It is often difficult to clearly classify a product due to the similar composition and intended use of different categories.
• Diverse Regulations: Each category (food, supplements, drugs, cosmetics) is subject to different regulations, requiring detailed legal analysis. • Risk of misleading: Incorrect product classification or labeling can mislead consumers and result in legal penalties.
Sometimes it is profitable for a manufacturer to export to or import from non-EU and third countries. Our law firm assists clients in cross-border cases. Products that do not fully comply with EU standards may sometimes be permitted for sale in the Republic of Poland. Article 6, point 3, lists a closed list of exceptions under which food products may be marketed if they do not pose a threat to human health or life, i.e.:
– if the product was approved in another EU Member State;
– if it was produced in an EFTA Member State that is a party to the EEA;
– if it was produced or placed into circulation in the Republic of Turkey.
We represent our clients’ interests in border sanitary control processes in administrative proceedings, for example, when notifying the border sanitary inspector, as Article 6, point 3, provides a comprehensive list of exceptions. Article 81 of the Food Safety and Nutrition Act requires the notification of the entry or exit of food of non-animal origin or products modified for food contact, which must be done 48 hours before the planned border crossing. This notification should be in accordance with the latest guidelines from the Ministry of Health.
The transit of food itself is subject to further regulations.
• Health certificates: For products of animal origin, veterinary certificates confirming their safety are required.
• Phytosanitary certificates: For plant products, documents confirming their freedom from pests and diseases may be required.
• Customs documents: The carrier must have transit documents (e.g., TIR carnet, customs declaration).
• Waybill: A document confirming the details of the transport, including the type, quantity, and origin of the goods.
• Food must be transported in a manner that guarantees its quality and safety (e.g., appropriate temperature, humidity).
• Perishable products (e.g., meat, fish, milk) must be transported in refrigerated vehicles that meet ATP standards.
• Separation of different product categories to avoid cross-contamination (e.g., raw meat and prepared food products).
Border Controls:
• Products in transit are checked at borders by the relevant authorities, such as customs, veterinary, or phytosanitary authorities.
• Within the European Union, goods may be subject to the TRACES (Trade Control and Expert System) procedure to monitor transport and compliance with regulations.
• Goods transported through non-EU countries must meet additional import and export requirements.
Carrier Liability:
• The carrier is responsible for ensuring transport compliance with regulations and for ensuring appropriate transport conditions.
• Must comply with transport, sanitary, and epidemiological regulations, and other applicable laws.
Our law firm’s permanent specialty is tax law and tax optimization in a broader sense. We approach each case with fascination, we analyze changing regulations conscientiously and with almost surgical precision, so that our clients are satisfied with the cases entrusted to us. Similarly to other legal services, we also deal with taxes in the food industry, which is also burdened with complicated and constantly changing rates.
We can also help our clients with:
KG Legal represents its clients before administrative authorities at various levels, in all matters. We also specialize in drafting all types of documents in administrative proceedings, enabling our clients to, for example, introduce dietary supplements into circulation or assert their rights when accused of introducing products that do not meet specific standards. There are several food quality controllers in Poland, and our law firm represents its clients before these authorities with dedication and pride:
– The Chief Sanitary Inspectorate (GIS) is the central institution in Poland responsible for protecting public health and supervising sanitary conditions in the country. It reports to the Minister of Health and operates under the Act on the State Sanitary Inspectorate.
The GIS’s main responsibilities:
1. Sanitary supervision: Monitoring the hygiene of the environment, food, nutrition, drinking water, cosmetics, and biocidal products to protect public health.
2. Disease prevention: Conducting preventive measures, monitoring epidemiological threats, and counteracting the spread of infectious diseases.
3. Food safety monitoring: The Chief Sanitary Inspectorate (GIS) monitors the health quality of food and compliance with regulations regarding its production and trade.
4. Health education: Promoting a healthy lifestyle, conducting information and educational campaigns on public health.
5. Responding to sanitary crises: Managing emergency situations, such as epidemics, and taking interventions to protect citizens’ health.
– The Trade Inspection (IH) is an inspection institution reporting to the President of the Office of Competition and Consumer Protection (UOKiK), whose main task is to protect consumer interests and the fairness of economic activity.
The Trade Inspection’s main tasks:
1. Product quality and safety control: Verifying that goods introduced into the market comply with quality and safety standards and legal provisions.
2. Verification of labeling accuracy: Verification of whether products are properly labeled (e.g., regarding composition, expiration date, or country of origin).
3. Prevention of unfair market practices: The Inspectorate counteracts practices that mislead consumers, such as false promotions or non-compliance with declared quality.
4. Mediation in consumer disputes: The Inspectorate of Trade serves as a mediator between consumers and businesses in the event of complaints or disputes regarding goods and services.
5. Education and information: Dissemination of knowledge about consumer rights and the principles of fair trade.
– The Agricultural and Food Quality Inspectorate (AFIH) is an institution responsible for the control and supervision of the commercial quality of agri-food products. Its main tasks are:
1. Commercial quality control: The Inspectorate verifies whether agri-food products meet the requirements specified in legal regulations regarding labeling, composition, packaging, and storage.
2. Consumer protection: Ensures that products available on the market comply with manufacturer declarations and quality standards.
3. Preventing unfair competition: Ensures that producers adhere to uniform quality and labeling rules, thereby avoiding consumer confusion.
4. Quality promotion: The Inspectorate supports producers in meeting quality standards and supports the development of traditional and regional products.
– The State Plant Health and Seed Inspection Service (PIORiN) is the institution in Poland responsible for plant health protection, seed inspection, and supervision of the use of plant protection products. It reports to the Minister of Agriculture and Rural Development.
The main tasks of PIORiN:
1. Plant health protection: Monitoring and preventing the spread of plant-harmful organisms, including phytosanitary import and export control.
2. Seed supervision: Monitoring the quality of seed (seeds, seed potatoes, seedlings) and compliance with regulations regarding its production and marketing.
3. Registration and control of plant protection products: Supervision of the distribution and use of plant protection products to ensure their safe and legal use.
4. Phytosanitary inspections: Control of plant products in domestic and international transport to protect against the introduction of new threats to agriculture and the environment.
5. Biodiversity protection: Activities related to the protection of plant species and the prevention of degradation of the agricultural environment.
– The Veterinary Inspection (IW) is the institution in Poland responsible for the protection of animal health, the safety of animal products, and the supervision of animal welfare. It reports to the Minister of Agriculture and Rural Development.
Main tasks of the Veterinary Inspectorate:
1. Animal health protection: Supervision over the prevention, control, and monitoring of infectious animal diseases, including zoonoses (diseases transmissible to humans).
2. Inspection of animal products: Verification of the safety and quality of meat, milk, eggs, and other food products of animal origin throughout the entire production chain.
3. Supervision of animal welfare: Monitoring the conditions of breeding, transport, and slaughter of animals to ensure appropriate living conditions and minimize suffering.
4. Prevention of illegal practices: Monitoring compliance with regulations regarding the use of feed, veterinary medicines, and animal protection products.
5. Veterinary control in international trade: Inspections during the import and export of animals and animal products to prevent the introduction of health threats.
