December 2006
January 2002
The Country - POLAND
Poland (the Republic of Poland) is a "democratic state ruled by law and implementing the principles of social justice" (art. 2 of the Constitution of the Republic of Poland).
Legislative power is "vested in the Sejm [the Lower Parliamentary House] and the Senate [the Upper Parliamentary House], executive power is "vested in the President of the Republic of Poland and the Council of Ministers" (art. 10 par. 2 of the Constitution).
The sources of universally binding law of the Republic of Poland are: the Constitution, statutes [Acts of the Parliament], ratified international agreements, and regulations [mainly issued by ministers] (art. 87 par. 1 of the Constitution). The above legal acts are promulgated in Polish Official Journal - Dziennik Ustaw (Dz. U.)
Recent information on Poland, in English language, can be found on the internet sites:
The National Food Control System
1. The Legal Documents
Cosidering Polish food law, Poland, as a EU candidate country, has been obliged to bring the food legislation in line with the EU acquis.
The food law system, in respect of food safety, is based on two statutes:
With regard to non-health related food quality (commercial quality), the most important is the Act of 21 December 2000 on Commercial Quality of Agricultural and Food Products, which replaces two former statutes and enters into force on 1 January 2003 r. (Dz. U. form the year 2001, No 5, item 44, as amended)
2 - 3. The Administrative Structure and Enforcement
Official food control, with respect to food safety requirements, is carried out by:
4. Other Bodies
There are scientific institutes with an advisory capacity for the government:
5. Principal requirements of Polish food law
Food must not be harmful for human health, deteriorated or adulterated (art. 5 par. 1 of the Food Act). Foodstuffs or cannot be placed on the market or used as raw materials or ingredients for production of other foodstuffs, if they contain food additives or contaminants in amounts, which are harmful for human health, or change the organoleptic properties of the foodstuffs making them unsuitable for human consumption (art. 9 par. 1 of the Food Act). With the exception of novel food and food of particular nutritional uses in some specified cases, pre-market approval system is almost abolished.
As a rule, a foodstuff, regardless of a country of its origin (Polish or imported products), to be placed on the Polish market, must comply with all Polish food legal requirements, including labelling (art. 17 of the Food Act).
Special Topics
1. Definition of food
Food (foodstuff) - any substance or product, whether processed, partially processed or unprocessed, intended to be consumed by humans, including drinks, chewing gum, water and food ingredients intentionally incorporated into the food during its manufacture; food shall not include feedingstuffs, live animals unless they are placed on the market as food intended for a final consumer, plants prior to harvesting, medicinal products, cosmetics, tabacco and tobacco products, narcotic and psychotropic substances and contaminants (art. 3 par. 1 point 1 of the Food Act)
2. Use of HACCP
The Food Act incorporates the HACCP system based on seven principles (art. 29 of the Food Act), which are patterned on Codex Alimentarius FAO/WHO. The already promulgated statutory provisions, concerning the HACCP, are to enter into force on 1 January 2004 (art. 61 point 2 of the Food Act). Only small food business operators (business units) are exempted from the obligation of HACCP implementation, however, the GMP and GHP practices are imposed on them (art. 30 par. 2 of the Food Act). The Minister of Health shall, by a regulation, provide for the detailed scope and methods of health-related food quality control, taking into consideration the HACCP and stages of its implementation (art. 32 of the Food Act).
3. Food additives
Application of food additives is based on a principle of positive exhaustive list established by a ministerial regulation. The regulation includes the exhaustive list of approved food additives, foodstuffs to which the specified food additives can be incorporated with their maximum permissible levels. At present a new regulation is under preparation, in order to full harmonization of the Polish provisions with EU food additives regulations.
4. Control of Food Packaging
Food packaging, especially from the standpoint of food safety, is a part of Polish food law (art. 26 of the Food Act). The food packaging materials belong to materials and products intended to come into contact with food. There is a separate statute on the issue - the Act of 6 September 2001 on materials and products intended to come into contact with food (Dz. U. No 128, item 1408).
Useful Links and Contacts
Internet links to the selected together with names of governmental and scientific bodies are presented above, . In addition, the Sejm www-address may be useful: www.sejm.gov.pl
News and Current Activities
Due to the EU enlargement process and for the purpose of full compliance with the EU food law legislation, Polish food law system is a subject of rapid changes and amendments . Some recent information, in English language, can be obtained from "2002 Regular Report on Poland's Progress Towards Accession", published on the EU internet link dealing with the enlargement.
This information was provided on 2 December 2002 by:
Dr Maciej Taczanowski
The August Cieszkowski Agriculture University of Poznan
Faculty of Food Technology
Department of Food Quality Management
Information last updated - February 2007