Required Report - Public distribution

**Date:** 7/30/2007

**GAIN Report Number:** PL7045

PL7045

**Poland**

**FAIRS Country Report**

**Annual updated**

**2007**

**Approved by:**

![](media/image1.wmf)Ed Porter, Agricultural Counselor

U.S. Embassy

**Prepared by:**

Jolanta Figurska, Natalia Koniuszewska

**Report Highlights:**

All sections of this report have been revised from last year's report.
As a member of the European Union (EU), Poland follows all EU directives
and regulations, with the exception of a few requirements. Therefore, it
is recommended that this report be read in conjunction with the EU Food
and Agricultural Import Regulations and Standards (FAIRS) report
produced by the US Mission to the EU in Brussels, Belgium. The report is
available at http://useu.usmission.gov/agri/fairs.html.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Warsaw \[PL1\]

\[PL\]

Table of Contents

[**Section I. Food Laws 3**](#section-i.-food-laws)

[Section II. Labeling Requirements
3](#section-ii.-labeling-requirements)

[Section III. Packaging and Container Requirements
4](#section-iii.-packaging-and-container-requirements)

[Section IV. Food Additive Regulations
4](#section-iv.-food-additive-regulations)

[Section V. Pesticide and Other Contaminants
4](#section-v.-pesticide-and-other-contaminants)

[Section VI. Other Regulations and Requirements
4](#section-vi.-other-regulations-and-requirements)

[VAT and Excise Tax 4](#vat-and-excise-tax)

[Section VII. Other Specific Standards
5](#section-vii.-other-specific-standards)

[Products Derived from Biotechnology
5](#products-derived-from-biotechnology)

[Section VIII. Copyright and/or Trademark Laws
5](#section-viii.-copyright-andor-trademark-laws)

[Section IX. Import Procedures 5](#section-ix.-import-procedures)

[Registration of Imported Food Products
5](#registration-of-imported-food-products)

[New to Market Products 5](#new-to-market-products)

[Products Already in the EU Market
6](#products-already-in-the-eu-market)

[APPENDIX I -- Government Regulatory Agency Contacts
7](#appendix-i-government-regulatory-agency-contacts)

[APPENDIX II - Other Import Specialist Contacts
9](#appendix-ii---other-import-specialist-contacts)

> This report was prepared by the Office of Agricultural Affairs of the
> USDA/Foreign Agricultural Service in Warsaw, Poland for U.S. exporters
> of domestic food and agricultural products. While every possible care
> was taken in the preparation of this report, information provided may
> not be completely accurate either because policies have changed since
> its preparation, or because clear and consistent information about
> these policies was not available. It is highly recommended that U.S.
> exporters verify the full set of import requirements with their
> foreign customers, who are normally best equipped to research such
> matters with local authorities, before any goods are shipped. FINAL
> IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY\'S
> RULES AND REGULATIONS AS INTERPRETED BY BORDER OFFICIALS AT THE TIME
> OF PRODUCT ENTRY. 

# Section I. Food Laws 

Based on the EU single market principle, Poland, as a member of the EU,
mostly adheres to EU regulations governing agro-food imports. There are
a few exceptions. Exceptions can occur when a member country can
substantiate a health concern about a product; there is leeway (actual
or perceived) in how a member can interpret an EU directive; and when
harmonized EU legislation is lacking, for example, for vitamins,
minerals and pesticide residues. Wide variations in inspection fees,
registration fees and in the time required to evaluate ingredients also
exist between member countries. For these reasons, exporters are
strongly encouraged to work closely with local importers. The following
link contains more information on the harmonization of EU food
regulations:
[www.useu.be/agri/harmonization.html](http://www.useu.be/agri/harmonization.html).

Most of the regulations relevant to food and agricultural imports into
Poland have been harmonized with EU regulations.

Local regulations governing food products are contained in the Polish
Food Law (Ustawa o Warunkach Zdrowotnych Zywnosci i Zywienia ) published
on May 11, 2001, in the Polish Journal of Law 2001, nr. 63, pos. 634.
Amendments are published in the Polish Journal of Law 2005, nr. 31, pos.
265, and nr. 178, pos. 1480, and the Polish Journal of Law 2006, nr. 171
pos. 1225*.* The text of these laws (in Polish) can be found at:

http://www.abc.com.pl/serwis/du/2001/0634.htm

http://www.abc.com.pl/serwis/du/2005/0265.htm

http://www.abc.com.pl/serwis/du/2005/1480.htm

http://www.abc.com.pl/serwis/du/2006/1225.htm

# Section II. Labeling Requirements 

Polish labeling regulations follow EU requirements. The basic law on
food labeling was published on December 16, 2002 in the Polish Journal
of Law 2002, nr. 220, pos. 1856 (link in Polish language only) and can
be located at: <http://www.abc.com.pl/serwis/du/2002/1856.htm>.

This law was updated to comply with additional EU regulations. Updates
can be found at:

Polish Journal of Law 2004, nr. 58, pos. 563, dtd. April 23, 2004
<http://www.abc.com.pl/serwis/du/2004/0563.htm>

Polish Journal of Law 2004, nr. 162, pos. 1703, dtd. September 8, 2004
<http://www.abc.com.pl/serwis/du/2004/1703.htm>

Polish Journal of Law 2004, nr. 257, pos. 2577, dtd. December 18, 2004
<http://www.abc.com.pl/serwis/du/2004/0257.htm>

Polish Journal of Law 2005, nr. 180, pos. 1499, dtd. November 25, 2005
<http://www.abc.com.pl/serwis/du/2005/1499.htm>

Polish Journal of Law 2005, nr. 210, pos. 1751, dtd. October 27, 2005,
<http://www.abc.com.pl/serwis/du/2005/1751.htm>

Polish Journal of Law 2005, nr. 229, pos. 1953, dtd. November 25, 2005,
<http://www.abc.com.pl/serwis/du/2005/1953.htm>

**- Use by Dates:** Poland strictly enforces the EU date format
requirement of dd/mm/year. The dates must be stated as best before
("najlepiej spożyć przed dd/mm/year"). For very perishable foods, the
last day of consumption ("należy spożyc do dd/mm/year") must be marked
on the label. Storage and use instructions must also appear on the
label, as necessary. For example, storage instructions would be required
on the label of a product that appeared to need refrigeration but, in
fact, did not.

**- Diet Supplements:** Poland takes a much stricter approach with diet
supplements labeling than other EU countries. Polish regulations require
the wording "diet supplement" ("suplement diety") be used with the
product brand name wherever the brand name is mentioned on the product
label.

**- Alcoholic Beverages:** Polish officials currently are reviewing
draft labeling regulations that will require all alcoholic beverages to
carry a health warning under the main label on the front of the
container. The label size has yet to be determined, but could be up to
20 percent of the container size. Enforcement is expected to begin some
time in 2008. EU officials have yet to approve these requirements.

# Section III. Packaging and Container Requirements

Regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# Section IV. Food Additive Regulations 

Regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# Section V. Pesticide and Other Contaminants 

Regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# Section VI. Other Regulations and Requirements 

## VAT and Excise Tax

Poland has a Value Added Tax (VAT) for agricultural and food products.
The VAT is applied in the same manner to both imported and domestically
produced products and ranges from 3 percent to 22 percent, depending on
the product. A lower VAT is applied to semi-processed commodities such
as Non-Fat Dry Milk. A higher VAT is applied to processed commodities,
such as bake mixes and retail products. Local VAT rates are similar to
rates within other EU countries, but have not been harmonized and are
unlikely to be so any time soon.

Poland's excise tax levels are higher than in most other EU countries.
Imported products must have excise tax stickers on them before entering
Poland. Once the product enters the country, the remainder of the tax
must be paid.

Other regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# Section VII. Other Specific Standards 

## Products Derived from Biotechnology

## 

In 2006, the Polish government banned the sale and registration of
biotech seeds and, as of September 2008, will ban the importation of
animal feed made from biotech crops. These regulations reportedly
violate EU obligations and EU officials have begun infringement
proceedings. Otherwise, Poland adheres to EU directives regulating
biotechnology, especially those governing food products produced from
biotech crops.

Polish officials oppose biotechnology use in agriculture and
consistently vote against biotech products submitted by EU officials to
member states for approval, even though the European Food Safety
Authority (EFSA) has ruled they are safe. This trend is unlikely to
change anytime soon. For more information about biotechnology in Poland
see GAIN PL7037.

Other regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# Section VIII. Copyright and/or Trademark Laws 

Regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# Section IX. Import Procedures 

# Registration of Imported Food Products

## New to Market Products 

Regulations concerning new products introduced into Poland are specified
in a regulation established by the Minister of Health, on April 26, 2004
(Polish Journal of Law 2004, nr. 104, pos. 1095). This regulation
applies to domestic products, as well as, imported products. Novel food
products must go through a different registration procedure with health
authorities (Panstwowy Zaklad Higieny). \[Note: Novel foods are foods
and food ingredients that have not been used for human consumption to a
significant degree within the Community before May 15, 1997.\]

An importer of a product new to the Polish market can request
pre-approval (i.e., prior to export) of a product by submitting a letter
to health authorities requesting a permit for product entry
("powiadomienie").

The following documentation is required to request a pre-approval
permit:

-   copy of invoice

-   any required certificates (e.g. Meat and Poultry Export Certificate
    of Wholesomeness)

-   producer's laboratory analysis, if available (Used to speed the
    clearance process.)

-   draft Polish language label that includes all product ingredients

On average, the pre-approval process takes about one month and can speed
entry of a product. If pre-approval clearance is not requested, full
product testing may be implemented and the product held at the border
until testing is completed.

If pre-approved, a product can be cleared at the Polish border with the
following routine trade documentation:

-   importer's request for sanitary inspection (3 copies)

-   invoice

-   transportation document e.g. airway bill

-   Health Certificate/Phytosanitary Certificate/Microbiological
    Certificate

-   Additional documentation from producer confirming products
    production standards (laboratory tests, certificates etc.)

A product not pre-approved for import requires the same documentation,
but also will likely be subject to laboratory analysis and certification
verification, which could take several weeks or longer. During this
time, the product will be held by border officials and subject to
storage fees, which could be significant.

Once an importer starts to import a product on a regular basis, not
every shipment will need to be tested. Products of producers/importers
with a clean record with local health authorities will be tested once a
year or less frequently. Other products could be tested every 6 months
after the first border control.

## Products Already in the EU Market

If an importer of a product already present in the EU provides a letter
from the producer confirming this fact, the product can be allowed to
enter Poland without additional clearance. The producer must provide the
confirmation and there is no special format for such a letter.

Other regulations and standards covered under this section have been
harmonized with European Union requirements. Please see the FAIRS report
produced by the U.S. Mission to the European Union. The report is
available at <http://useu.usmission.gov/agri/fairs.html>.

# APPENDIX I -- Government Regulatory Agency Contacts

Ministry of Agriculture and Rural Development

Office of the Minister

ul. Wspolna 30

00-930 Warsaw

Tel: 48-22 623-1000

Fax: 48-22 623-2750

Web page: <http://www.minrol.gov.pl/DesktopDefault.aspx>

Ministry of Agriculture and Rural Development

Department of Plant Breeding and Protection

Deputy Director, Wieslaw Podyma

Tel: 48-22 623-2554

Fax: 48-22 628-8784

[www.minrol.gov.pl](http://www.minrol.gov.pl/)

Ministry of Agriculture and Rural Development

Department of Plant Breeding and Protection

GMO specialist, Marta Czarnak-Klos, Tel: 48-22 623-2166

GMO specialist, Malgorzata Wozniak, Tel: 48-22 623-2336

Fax: 48-22 628-8784

[www.minrol.gov.pl](http://www.minrol.gov.pl/)

Ministry of Agriculture and Rural Development

Plant Quarantine and Seed Inspection

General Inspector, Miroslawa Konicka

Tel: 48-22 623-2302, 623-2404

Fax: 48-22 623-2304

[www.piorin.gov.pl](http://www.piorin.gov.pl/)

General Veterinary Inspectorate

Office of the Chief Veterinary Officer

Dr. Ewa Lech, CVO

ul. Wspolna 30

Warsaw

Tel: 48-22 623-2089

Fax: 48-22 623-1408

Email: <wet@wetgiw.gov.pl>

Web page: <http://www.wetgiw.gov.pl/englisz/index.htm>

State Inspectorate for Plant Protection and Seeds

(Panstwowa Inspekcja Ochrony Roslin i Nasiennictwa)

Ms. Mirosława Konicka, Chief Inspector

ul. Wspolna 30

Warsaw

Tel: 48-22 623-2302

Fax: 48-22 623-2304

Email: <gi@piorin.gov.pl>, <piorin@piorin.gov.pl>

Web page: http://www.piorin.gov.pl/

Glowny Inspektorat Jakosci Handlowej Artykulow Rolno Spozywczych

(Chief Inspectorate for Trade Quality Control of Agricultural Food
Products)

Ms. Dorota Krzyzanowska

Department Director

ul. Wspolna 30

00-930 Warsaw

Tel: 48-22 623-2913

Fax: 48-22 623-2996

Email: <dkrzyzanowska@ijhars.gov>, kgz@ijhars.gov.pl/

Web page: <http://www.ijhars.gov.pl/>

Main Sanitary Inspection (Glowna Inspekcja Sanitarna - GIS)

Mr. Andrzej Wojtyla, Chief Sanitary Inspector

ul. Dluga 38/40

00-238 Warsaw

Tel: 48-22 635-1559

Fax: 48-22 635-6194

Web page: <http://www.gis.gov.pl/english/index.htm>

Ministry of Environment

Department of Environmental Protection

Biotech Specialist, Agnieszka Dalbiak or Joanna Rybak

Tel: 48-22 579-2538 or 579-2723

Fax: 48-22 579-2555

Web page: [www.mos.gov.pl](http://www.mos.gov.pl/)

# APPENDIX II - Other Import Specialist Contacts

National Food and Nutrition Institute

Section for Food and Nutrition Manager

ul. Powsinska 61/63

02-903 Warsaw

Tel: 48-22 651-6330 550-9620

Fax: 48-22 842-1103

Web page: http://www.izz.waw.pl/izz/index.html

State Hygiene Office- (Panstwowy Zaklad Higieny) - PZH

Prof.Jan Krzysztof Ludwicki, Vice Director, ph: 48-22 849-7084

ul. Chocimska 24

Warsaw

Tel: 48-22 849-4051 ext. 359, 339

Fax: 48-22 849-3513, 849-7441

Web page: <http://www.pzh.gov.pl/>

Voivodship Sanitary Station in Warsaw - SANEPID - actual tests & check
ups

Mr. Zbigniew Kutyba, Voividship Sanitary Inspector

ul. Zelazna 79

00-875 Warsaw

Tel: 48-22 620-1656, 620-9001 ext. 142

Fax: 48-22 654-7860

Web page: <http://www.wsse.waw.pl/>

Polish Center for Research and Certification

Ms. Ewa Slowinska

Manager Food Department

ul. Klobucka 23A

02-699 Warsaw

Tel: 48-22 464-5524, 857-9916, 647-0722

Fax: 48-22 464-5459, 647-1222, 647-1109

Email: <cert.wyr@pcbc.gov.pl>

Web page: [www.pcbc.gov.pl](http://www.pcbc.gov.pl/)

#