TerraLex Cross-Border Guide to Cross-Border Food & Beverage Guide

Yes. This sector is regulated under Polish and EU law.

The Ministry of Agriculture and Rural Development (MARD) is the central government authority in Poland for the food industry and food supervision, food safety and hygiene.

MARD performs the following actions in the field of food:

• Food safety: MARD supervises and implements food safety regulations, including veterinary requirements for the production and sale of products of animal origin;

• Agricultural retail trade: The Ministry determines the rules for direct sales of agricultural products, ensuring their compliance with safety standards;

• Quality control: MARD monitors the quality of food products to ensure their safety for consumers.

Moreover, based on Article 4 of the EU Regulation No. 882/2004, official food control bodies were established in Poland. These are: the Chief Sanitary Inspectorate, the State Sanitary Inspection, the Veterinary Inspection, the Trade Agricultural and Food Quality Inspection, the Trade Inspection and the Plant Health and Seed Inspection Service.

The competences of these entities overlap in many cases. These bodies primarily perform a supervisory function. The above authorities impose sanitary procedures and determine the actions necessary to ensure the safety of food and beverages (including hygiene and health requirements) and their compliance with the law. These bodies also approve relevant food production facilities.

The body responsible for issuing opinions on the principles of placing products on the market, selling, advertising, labeling and promoting foodstuffs is the Chief Sanitary Inspectorate. This authority is notified of the first introduction of a food or drink to the Polish market. As part of the inspection, the Chief Sanitary Inspectorate, State Sanitary Inspection and the Trade Inspection may withdraw a product from the market if it does not meet the regulations or impose a penalty on the entrepreneur for e.g. illegal advertising of food or drink.

The most important Polish legal act regulating the Food & Non-Alcoholic Beverages sector is the Act of August 25, 2006 on food and nutrition safety.

This Act specifies the requirements and procedures necessary to ensure food and nutrition safety in accordance with the provisions of Regulation (EC) No. 178/2002. This Act also regulates the rules of sale, advertising, labeling and promotion of foodstuffs, as well as the requirements for the nutrition of children and adolescents within the framework of public catering.

Important implementing regulations to the above Act are: Regulation of the Minister of Health of October 9, 2007 on the composition and labeling of dietary supplements and the regulation of the Minister of Health of March 13, 2024 on enriching substances added to food.

Other important legal acts are those falling under EU law, namely:

• Regulation (EC) No. 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods;

• Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

• Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers;

• Regulation (EC) No. 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and certain other substances to food;

• Regulation (EU) No. 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children and food for special medical purposes and total diet replacement for weight control and repealing Council Directive 92/52/EEC.

Approval of an entry in the register of establishments kept by the State Sanitary Inspection requires:

• plants which produce or market food of non-animal origin,

• plants which place products of animal origin on the market that are not subject to official control by the Veterinary Inspection bodies,

• plants which produce or place on the market food containing both foodstuffs of non-animal origin and products of animal origin referred to in Art. 1 section 2 of Regulation No. 853/2004, with the exception of establishments conducting agricultural retail trade,

• plants that operate on the market of materials and products intended for contact with food, including plants run by recycling entities.

To sell food retail or wholesale it is required to:

• register business - any person or company that wants to sell food must establish an enterprise;

• receive approval by the district sanitary inspection: food production or sales facilities must obtain approval from the relevant district sanitary inspector;

• fulfill of hygiene requirements: it is necessary to comply with the principles of Good Hygiene Practice (GHP) and Good Manufacturing Practice (GMP), as well as implement the HACCP system (Hazard Analysis and Critical Control Points).

Yes. This sector is regulated under Polish and EU law.

The same agencies which are responsible for the Food & Non-Alcoholic Beverages sector are responsible for ensuring the safety of alcohol as a substance for human consumption.

The Ministry of Agriculture and Rural Development (MARD) performs the following actions in the field of alcohol:

• Production permits: The Ministry issues permits for the production of alcohol, checking compliance with legal regulations;

• Labeling of alcoholic beverages: MARD regulates the rules for the labeling of alcoholic beverages, including using a terms such as "tincture" and the obligation to provide the actual volume of alcohol;

• Promotion and information: The Ministry conducts information and promotional activities regarding the safe consumption of alcohol and its impact on health.

In addition, government administration bodies (mainly the Ministry of Health) and local government units have statutory obligations to take actions aimed at limiting the consumption of alcoholic beverages.

The most important act regulating the issue of alcohol in Poland is the Act of October 26, 1982 on upbringing in sobriety and counteracting alcoholism.

This Act defines specific categories of alcohol, alcohol labeling, alcohol advertising and alcohol sales.

Other specifics acts are: Act of 18 October, 2006 on the production of spirit drinks and on the registration and protection of geographical indications of spirit drinks and Act of December 2, 2021 on wine products.

Wholesale trade.

Wholesale trade in alcoholic beverages with an alcohol content exceeding 18% may be carried out only on the basis of a permit issued by the minister responsible for the economy.

Wholesale trade in alcoholic beverages with an alcohol content of up to 18% in the country may be carried out only on the basis of a permit issued by the voivodeship marshal.

Wholesale trade permits are issued separately for:

• alcohol with up to 4.5% alcohol content and for beer;

• alcohol with an alcohol content exceeding 4.5% and up to 18%, except beer;

• alcohol containing more than 18% alcohol.

Retail trade.

Every entrepreneur (small local shop, large-format store) and organizer of a public event must obtain a permit for retail sale of a given type of alcohol (separately as above in case of wholesale).

Manufacturing.

The production of alcohol for the purposes of running a business, i.e. further resale (wholesale and retail), requires entry into the register of entities carrying out activities in the field of production and processing of ethyl alcohol.