Required Report - public distribution

**Date:** 8/3/2004

**GAIN Report Number:** PL4024

PL4024

**Poland**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2004**

**Approved by:**

![](media/image1.wmf)Charles Rush, Acting Agricultural Counselor

U.S. Embassy

**Prepared by:**

JF/NK/PR/WFM

**Report Highlights:**

This report outlines the requirements for food and agricultural imports
into Poland. The report aims to assist U.S. exporters with labeling,
packaging and permitted ingredient list and other relevant information.
It also provides contact information for Polish government and
inspection services which oversee and control import process. Major
revisions to previous reports include reference to EU regulations, which
became effective in Poland after the May 2004 accession into the EU.
Sections updated include: Food laws, Labeling Requirements,
Packaging/container, Food additives, Pesticides, Other, Standards
regulations, Trade laws and Import procedures.

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)

[Harmonization within the EU 3](#harmonization-within-the-eu)

[Poland 3](#poland)

[SECTION II. LABELING REQUIREMENTS 4](#__RefHeading___Toc74464178)

[Name and address 4](#name-and-address)

[Country of Origin 4](#product-designation)

[Product designation 4](#product-designation)

[Composition 4](#composition)

[Net weight 5](#net-weight)

[Other labeling requirements 5](#other-labeling-requirements)

[Requirements Specific to Nutritional Labeling
5](#__RefHeading___Toc74464184)

[SECTION III. PACKAGING AND CONTAINER REGULATIONS
6](#section-iii.-packaging-and-container-regulations)

[Product Recycling Regulations 6](#product-recycling-regulations)

[SECTION IV. FOOD ADDITIVES REGULATIONS
6](#section-iv.-food-additives-regulations)

[Special Polish rules for food additives
8](#special-polish-rules-for-food-additives)

[SECTION V. PESTICIDE AND OTHER CONTAMINANTS
8](#__RefHeading___Toc74464191)

[SECTION VI. OTHER REGULATIONS AND REQUIREMENTS
8](#section-vi.-other-regulations-and-requirements)

[SECTION VII. OTHER SPECIFIC STANDARDS
10](#section-vii.-other-specific-standards)

[Introduction 10](#introduction)

[Labeling 11](#labeling)

[Traceability 11](#traceability)

[Organic foods 12](#organic-foods)

[Fruits and vegetables 14](#fruits-and-vegetables)

[SECTION VIII. TRADEMARK LAWS 14](#section-viii.-trademark-laws)

[SECTION IX. IMPORT PROCEDURES 15](#section-ix.-import-procedures)

[Custom Clearance 16](#customs-clearance)

[Appendix I 16](#customs-clearance)

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

# Harmonization within the EU

Poland became member of the EU in May 2004 and as a member of the
European Union (EU) follows all EU directives, regulations and
obligations. It is therefore recommended that this report is read in
conjunction with the Food and Agricultural Import Regulations and
Standards (FAIRS) report produced by the US Mission to the EU in
Brussels, Belgium, available at [www.useu.be/agri/usda.html]{.underline}
as well as at
[www.fas.usda.gov/scriptsw/attacherep/default.asp.]{.underline}

The vast majority of food laws of the EU member countries have already
been fully harmonized with EU law. Areas such as vitamins, minerals and
other physiological substances as well as health claims are still
awaiting EU harmonization. Final harmonized EU rules are earliest to be
expected by the end of 2004.

Based on the EU single market principle, all food products legally
imported and distributed in one member country of the EU can generally
also be distributed in all other member countries, except in those cases
when a country can prove health concerns about the product or an
ingredient of a product is intended for import. However, a separate
application for approval of imports is still necessary for all those
products containing substances not yet harmonized or those products,
which are being, imported into particular EU country e.g. Poland for the
very first time; and which are not present in other EU countries.

Exporters should be aware that there may also be some variation among
Member States in applying EU harmonized legislation: there may be
temporary waivers or exemptions and in certain cases there may be room
for interpretation of EU harmonized legislation or certain aspects which
are not regulated in detail at the EU level may be handled differently
in different Member States. In addition, there is a wide variation in
inspection fees, registration fees and in the time required to evaluate
dossiers on products used in the course of the food production process
(www.useu.be/agri/harmonization.html).

# Poland

Most of the norms and regulations relevant to food and agricultural
imports to Poland were harmonized with the EU regulations prior to
accession. However, certain regulations concerning food additives were
published immediately prior to the accession. Poland's major regulations
concerning food products are contained in Polish Food Law (Ustawa o
Warunkach Zdrowotnych Zywnosci i Zywnieniu) which was published May 11,
2001 Polish Law Journal nr. 63 pos. 634. This law is accompanied by
various working regulations, which are all in line with the current EU
regulations. This law is applicable to domestically produced and
imported products. The text of the law can be found on (link is in
Polish language) http://www.abc.com.pl/serwis/du/2001/0634.htm

[]{#__RefHeading___Toc74464178 .anchor}SECTION II. LABELING REQUIREMENTS

###### General requirements 

General rules on the labeling, presentation and advertising of
foodstuffs marketed in the EU can be found in the European Parliament
and Council Directive 2000/13/EC + corrigendum (English version of Annex
III). This directive consolidates general labeling directive 79/112/EEC
and all its amendments in a single text. It applies to food products
intended for supply to food retail and foodservice. ()

Polish legislation closely follows EU legislation. The basic law on food
labeling was published in the December 16, 2002 Polish Journal of Law
(Link in Polish language only) and can be located at
http://www.abc.com.pl/serwis/du/2002/1856.htm

The basic law was updated in order to reflect additional EU regulations
(Journal of Law no. 58 pos. 563 dtd. April 18, 2004) on March 29, 2004
and can be located at http://www.abc.com.pl/serwis/du/2004/0563.htm

All food products entering the Polish market must have Polish language
labeling. Normally **all pre-packaged foods** intended for the final
consumer or catering establishments must be labeled according to the
general rules prior to entering the Polish market. **Please note that
there are no exceptions to label regulations.**

# Name and address

> Name and address of the producer.

**Country of origin**

> Must be declared, if exclusion of that information can mislead the
> consumer as to where the product originates.

# Product designation

> The designation must describe the product in a proper way or maybe a
> name stated by law. A fantasy name or a trademark cannot replace the
> product designation. Pictures or claims regarding a certain component
> as well as naming of specific ingredients in the product designation
> requires a quantitative declaration of that ingredient either in
> accordance with the product designation or on the ingredients list.

# Composition

> The composition of a food must be declared as an ingredients list,
> listing all ingredients used in the order of falling weight at the
> time of production. Some groups of ingredients, e.g. vegetable oils,
> can be declared by a group name. Allowed group names are defined in
> the labeling regulations. Composite ingredients well known to
> consumers, e.g. margarine need not be specified, if the content is
> below 25% of the total weight of the product.
>
> Some categories of foods are exempt from declaring a list of
> ingredients e.g. alcoholic beverages.

# Net weight

> Net content (weight or volume) must be stated in the metric system.
> Drained net weight should be stated as well when appropriate. Number
> of pieces can be stated as well.

**Durability**

> The durability must be stated by best before/best before end date
> ("najlepiej spożyć przed"). Very perishable foods must be marked with
> last day of consumption ("należy spożyc do"). The durability
> statements must be followed by storage instructions and instructions
> for use, if it is necessary in order to ensure correct use and
> storage.

# Other labeling requirements

**The Polish label or stick-on label** must be applied prior to retail
sale or sale to catering establishments. Before that, there are no
labeling requirements.

**For sample-size and institutional packed products** in small packages
where the biggest surface is less than 10 cm, it is sufficient to state
product designation, net weight and durability (and lot no., if
durability does not include the date). For products in bigger packages
all requirements must be fulfilled.

**Food additives** must be declared on the ingredients list by
functional class followed by specific name or E-no., as defined on the
labeling regulation and positive additive list. Flavors must be declared
merely as "aroma" and it is possible to state "natural, nature identical
or artificial" in accordance with the definitions in the flavor
regulation.

[]{#__RefHeading___Toc74464184 .anchor}

**Requirements Specific to Nutritional Labeling**

Nutritional labeling is regulated in accordance with EC Directive
90/496/EEG. Nutritional labeling is voluntary unless a nutritional claim
is made on the basis of which nutritional labeling becomes compulsory
and must be provided in a prescribed format. \"Nutrition Labeling\"
means any information on the label that relates to energy value and to
the following nutrients: protein, carbohydrate, fat, fiber, sodium,
vitamins and minerals present in significant amounts. This information
and the format differ from those of the standard U.S. nutritional fact
panel, which cannot be used for Poland and the rest of the EU.
(<http://www.useu.be/agri/label.html#Nutrition>).

Poland's new nutritional labeling regulations are specified in the
Journal of Law no. 239, dated December 23, 2002 (Original Regulation
published in the Journal of Law no. 51 chapter 293 dated December 17,
1973 and Journal of Law 108 chapter 520 dated August 22, 1996).

Polish regulations concerning this subject are not very detailed. Any
issues not directly specified are subject to the EU and Codex
regulations. In many cases, product labeling must be individually
approved by the State Hygiene Office- (Panstwowy Zaklad Higieny) - PZH.

Since Polish regulations do not specify conditions, which must be met
when using nutrition content claims, implied, and health threat claims
on packaging must be approved by the PZH office. In certain cases,
cereal products for example, the uses of statements such as "cereal
contains minerals beneficial to health" have already been approved for
the Polish market.

Some companies have experienced problems with terms, which imply
curative or prevention effects of food products specified on the labels.
In most cases the standard Nutrition Facts panel used on U.S. products
is not sufficient for Polish authorities in order to approve the product
but is taken into consideration when evaluating any nutritional claims,
implied on product labels.

PLEASE note: The current Polish regulations specify that each delivery
of the nutrition product has to be verified by the Sanitary authorities.

# SECTION III. PACKAGING AND CONTAINER REGULATIONS

Council Directive 76/211/EEC provides rules for container sizes,
acceptable tolerances on container content and requirements for the size
of the figures indicating container content
(www.useu.be/agri/packaging.html).

# Product Recycling Regulations

Member States are required to take measures to limit packaging waste and
must introduce systems for re-use, recovery and recycling of packaging
materials (Council Directive 94/62/EC). Commission Decision 2001/524/EC
relates to the publication of references for certain EN standards in the
Official Journal, which do not fully meet the essential requirements of
Directive 94/62/EC. To facilitate collection, re-use and recovery
including recycling, an identification system for packaging has been
established (Commission Decision 97/129/EC). Its use is voluntary
(<http://www.useu.be/agri/packaging.html>).

# - Poland's Waste Disposal Regulations

On April 27, 2001 (published in Journal of Law No. 62, dated June 20,
2001) the Polish Government approved a new regulation concerning the
disposal of waste originating from production, import and distribution
of all products sold on the Polish market (including food and
agricultural products). Producers and importers are responsible for
signing appropriate agreements with firms specializing in utilization of
packaging materials. By introducing this new regulation the Polish
government, in line with the EU requirements, is promoting product
recycling.

**- Poland's Product disposal regulations**

On January 6, 2003 (published in Journal of Law No. 7) the Polish
Government approved a new regulation concerning the disposal of food and
agricultural products, which do not comply with Polish regulations and
cannot enter the distribution system. It is the responsibility of the
producer or importer to cover the costs connected with destruction of
such products.

# SECTION IV. FOOD ADDITIVES REGULATIONS

Polish food additive regulations are primarily based on common
regulations within the European Community. Poland along with other EU
countries is allowed to conduct separate procedure for approval of
particular ingredients within its territory. Currently, there is only
one such case, a new sweetener "neotame", which is allowed in Poland but
not in other EU countries.

Four major EC-directives on the use of additives and labeling rules are
implemented based upon Polish food additive regulations. These
directives govern colors, sweeteners, flavors and miscellaneous food
additives in addition to the labeling directive. The EC regulation also
requires the identity and purity of approved food additives.

1\. European Parliament and Council Directive 94/35/EC on sweeteners for
use in foodstuffs. The annex to this directive lists maximum usable
doses for sweeteners in selected foodstuffs.

2\. European Parliament and Council Directive 94/36/EC on colors for use
in foodstuffs.

Annex I: List of permitted food colors. Only substances listed in this
annex may be used

Annex II: Foodstuffs, which may not contain added colors.

Annex III: Foodstuffs to which only certain permitted colors may be
added.

Annex IV: Colors permitted for certain uses only.

Annex V: Colors permitted in general and the conditions of use. Colors
permitted following the "quantum satis" principle (no maximum specified)
are listed in the Appendix.

3\. European Parliament and Council Directive 95/2/EC, as amended, the
so-called miscellaneous additives directive on food additives other than
colors and sweeteners.

Annex I: List of food additives permitted for use in foodstuffs (excl.
those listed in Annex II) following the \"quantum satis\" principle.

Annex II: List of foodstuffs in which only a limited number of additives
of Annex I may be used. These include cocoa and chocolate products,
fruit juices and nectars, jam and jelly, dehydrated milk and cream,
fruits and vegetables, rice, oils and fats, certain cheeses, minced
meat, bread and pasta, wines and beer.

Annex III: List of conditionally permitted preservatives and
antioxidants.

Annex IV: List of other permitted additives.

Annex V: List of permitted carriers and carrier solvents.

Annex VI: List of additives permitted in foods for infants and young
children.

All three of these directives and their lists can be downloaded from the
FAS/USEU webpage [www.useu.be/agri/additive.html]{.underline}.

Labeling requirements for additives and flavorings are laid down in
Directive 2001/13/EC (general labeling directive), Regulation 50/2000/EC
(GM additives) and Directive 89/107/EEC.

**- The Polish Positive Additive**

Poland uses a positive-additives list, which identifies additives that
are permitted for use in foodstuffs. Poland's Ministry of Health and
Social Welfare approved a new regulation (Journal of Law no. 94 dated
April 30, 2004) for food additives on April 23, 2004. The above
mentioned law does not include working regulations (actual positive
additive list) which are to be prepared at a later date. This particular
regulation has been one of the most difficult obstacles facing imported
products. According to Polish authorities the new list is in line with
the current EU regulations. **Please note:** As each EU member state
introduces slight variations to allowable food additives it is vital for
all U.S. exporters to check with the potential Polish importers about
whether the product intended for the Polish market meets all the
ingredient requirements.

The following institutions are directly involved in inspecting food
additive levels in imported products:

Ministry of Health and Social Welfare - preparation of legal
documentation

Warsaw Sanitary Station - SANEPID - tests & check ups

National Food and Nutrition Institute - legal work & check ups

**Labeling** food additives in foods shall consist of a category
designation followed by the specific name or the E-number of the
additive used. The category designations are defined in the labeling
directive and implemented in the Polish labeling regulation. The
specific names and E-numbers of the food additives are specified in the
directives and on the Polish Positive Food Additives List.

# Special Polish rules for food additives

**Vitamins and minerals**. The Polish Ministry of Health issued separate
regulations concerning allowable vitamins and other chemical substances,
which are approved for usage on food in Poland (Polish Journal of Law
no. 27 pos. 236 dated February 17, 2003). This regulation is consistent
with current EU regulations. []{#__RefHeading___Toc74464191
.anchor}(Link is in Polish language only)
http://www.abc.com.pl/serwis/du/2003/0236.htm

# SECTION V. PESTICIDE AND OTHER CONTAMINANTS

On April 16, 2004 Poland's Minister of Health approved (published in
Journal of Law no. 85 pos. 810 dated April 27, 2004) new regulations on
maximum pesticide and other contaminant levels. According to Polish
authorities these regulations follow general laws applied in the EU. The
EU pesticide legislation maximum residue levels (MRLs) incorporate
elements of the Codex Alimentarius and the OECD, but exceptions exist.
Overviews of all compounds for which harmonized MRLs have been developed
are available on the FAS/USEU website
[www.useu.be/agri/pesticides.html]{.underline}.

The complete list of MRL/commodity combinations can be downloaded from
the Commission's website at
http://europa.eu.int/comm/food/fs/ph_ps/pest/index_en.htm. Pesticide
MRLs for processed or composite products are based on the MRLs for the
raw agricultural ingredients.

1\. Residues in Animals and Animal Products

Maximum Residue Levels for veterinary pharmaceutical products in
foodstuffs of animal origin were established in Council Regulation
2377/90. Updated lists of these MRLs are available at:
http://dg3.eudra.org/F2/mrl/index.htm.

Monitoring residues in animals and animal products is addressed
separately in Council Directive 96/23/EC. This directive covers
monitoring of the above-mentioned pesticide residues, and includes
residues of veterinary drugs and a wide range of other contaminants and
undesired substances such as residues of growth promotants. The
prohibition of the use of hormones in meat production is addressed in
Council Directive 96/22/EEC.

To register a new pesticide in the EU, including the establishment of an
MRL, an application needs to be prepared and reviewed by the relevant
authorities and committees at the member state and EU level. Pesticides
currently on the EU market are under review. For pesticides, which are
not or no longer authorized at Community level, an import tolerance may
be requested. Application dossiers are first submitted for approval in
an individual member state. The complete procedure is described on the
Commission's web site at
http://europa.eu.int/comm/food/fs/ph_ps/pest/index_en.htm.

# SECTION VI. OTHER REGULATIONS AND REQUIREMENTS 

Certification and documentation requirements for shipments into EU
member states differ depending on the product. For some product groups,
requirements are harmonized, but not for others. For most products the
EU requires import licenses.

*1. Animal Products*

Import legislation has been harmonized for all animal categories. Import
of animal products is allowed from establishments on the lists of
EU-approved establishments. Nearly all U.S. animal products are
recognized by the EU. Various U.S. agencies, including FSIS, APHIS, AMS,
and FDA are involved in the listing process. Establishments are subject
to EU inspections prior to listing and/or to occasional EU audits after
listing. Exporters should be aware that getting a plant listed has been
extremely difficult for the U.S. At present only two beef processors,
and one pork plant are approved. Health certificates corresponding to
the animal category are required. Lists of EU approved establishments is
available through the Meat Export Federation, email: eu@usmef.org.
Export of beef tripe is allowed only from plants eligible for export to
the EU and based on the health certificate agreed to bilaterally between
Poland and the U.S. which is issued by Food Safety Inspection Service.
The current list of plants eligible for export of tripe to the U.S. is
available at
http://forum/europea.eu.int/sanco/vets/info/data/liste/lls-prod.html.

For processed foods containing animal products, the situation is more
complicated because there is no legislation specifying the percentage of
dairy, egg, red meat or poultry meat that a foodstuff must contain.
Products containing any amount of red meat or poultry meat must be
certified. Certification of products containing egg products or dairy
depend on the composition of the product.

The U.S. is not included on the European Commission's list of countries
with processing systems and health standards equivalent to the EU for
fishery products for human consumption or bivalve mollusks. The U.S. is
under a derogating regime which allows export of seafood to the EU
Decision by Council Decision 2004/359/EC (amended Council Decision
95/408/EC). The last Decision extends the derogation to December 31,
2005.

Each shipment must be accompanied by a health certificate using the
model provided by Commission Decision 95/328/EC (amended 2001/67/EC
regulation) for fishery products and by Commission Decision 96/333/EC
for mollusks, echinoderms, tunicates and marine gastropods. In the U.S.,
both the Food and Drug Administration and the National Marine Fisheries
Service have the authority to issue certificates for export to the EU.
More details about requirements for fish exports to the EU are available
at: [http://www.nmfs.noaa.gov/trade/EUCONTENTS.htm]{.underline}.

2\. Plant products

For fruit and vegetable imports, generally import certificates are not
required. However, phytosanitary certificates issued by APHIS are
requested for fruit, vegetable and nut shipments to the EU. For
processed fruit and vegetable products, APHIS issues export
certificates. Imports of fruits and vegetables also need to meet the
marketing standards for fruit and vegetables as listed in Council
Regulation 2200/96. Trading standards and controls are described by
Council Regulation 1148/2001. Import must also comply with Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) rules for endangered species.

3\. Other Processed Products

Documentation requirements and import regulations for other processed
food products will depend on ingredients. In general, Council Directive
93/43/EEC establishes the rules of hygiene for foodstuffs which
supplements Council Directive 89/397/EEC. These rules, as set out in the
annex, must be observed at the time of preparation, processing,
manufacturing, packaging, storing, transportation, distribution,
handling and offering for sale and supply of foodstuffs. Food businesses
are required to use the HACCP system to ensure the safety of foodstuffs.
See <http://www.useu.be/agri/hygiene.html>.

# SECTION VII. OTHER SPECIFIC STANDARDS

###### Weights and measures

Weights must be stated in metric system (weight or volume). An optional
directive on package sizes exists. According to Polish regulatory
authorities Poland has not adopted the rules so package sizes are
optional for ordinary food products.

# Novel foods/GMOs

Novel foods are defined as foods not previously consumed in significant
quantities within Europe. Also new combinations of ingredients may be
considered novel according to Polish interpretation of the directive.

Novel foods, including GMOs, can be used after receiving EC
certification. Once a GMO product is approved for use in foods, no
product specific registration is necessary. GMO products as well as
ingredients (including food additives and flavors) deriving from GMO,
which can be analytically detected (DNA or protein content), must be
declared as genetically modified in connection with the product
designation or on the ingredients list. Accidental content of an EU
approved GMO in combined foods and single ingredient foods at a level
below 0.9% need not be declared.

**Genetically Modified Food Labeling (Processed Food)**

# Introduction

Despite the fact that Poland's latest GMO regulations from June 11, 2001
(Journal of Law nr 76 pos 811 dated July 25, 2001) remain in force and
the new regulations are still being updated; new general rules of the EU
Commission are being currently applied in Poland. The new EU regulations
(applicable in Poland as of May 1, 2004) reduce the minimum traceable
level of GMO to 0.9 percent and change the approval body for new GMO
products from Polish authorities to the EU Commission. Currently
Poland's Main Sanitary Inspectorate only collects applications for
approval and passes them on to EU.

On October 18, 2003, the EU published two regulations on "Genetically
Modified Food and Feed" (European Parliament and Council Regulation
1829/2003) and "Traceability and Labeling of Genetically Modified
Organisms and the Traceability of Food and Feed Products produced from
Genetically Modified Organisms" (European Parliament and Council
Regulation 1830/2003). The new rules entered into force on April 18,
2004. The new EU regulations are specified below.

# Labeling

Articles 12 and 13 of Regulation 1829/2003 establish labeling
requirements for foods, which are to be delivered as such to the final
consumer or distributor and which:

\- contain or consist of genetically modified organisms (GMOs) \| [GMOs
authorized]{.underline}

\- are produced from or contain ingredients produced from GMOs \| [by
the EU]{.underline}

The new labeling rules do not apply to foods containing less than 0.9
percent of genetically modified ingredients or, if the presence of such
material is technically unavoidable. Operators must supply evidence to
the competent authorities that appropriate steps have been taken to
avoid the presence of GM material.

Specific labeling requirements apply to:

a\) Foods consisting of more than one ingredient: The words "genetically
modified" in parentheses immediately following the ingredient concerned
or "produced from genetically modified (name of the ingredient)" must be
included in the list of ingredients (list of ingredients: Ref. Article 6
of General Labeling Directive 2000/13/EC).

b\) Ingredients designated by the name of a category (e.g. vegetable
oil): The words "contains genetically modified (name of organism)" or
"contains (name of ingredient) produced from genetically modified (name
of organism)" must be included in the list of ingredients.

The indications referred to in (a) and (b) may appear in a footnote to
the list of ingredients. In this case they must be printed in a font of
at least the same size as the list of ingredients.

c\) Foods for which there is no list of ingredients: The words
"genetically modified" or "produced from genetically modified (name of
organism)" must appear clearly on the label.

d\) For prepackaged food in small containers of which the largest
surface has an area of less than 10 cm^2:^ the required information must
be indicated on the packaging material in a font sufficiently large for
it to be easily identified and read.

**Novel Foods containing or produced from GMOs**

The new rules also affect Novel Foods Regulation 258/97. The
authorization of novel foods and novel food ingredients containing or
produced from GMOs no longer falls within the scope of the Novel Food
Regulation, but will be regulated by GM Food and Feed Regulation
1829/2003. Any characteristics or properties, as specified in the EU's
GM authorization, must be indicated on the label of food products which
are different from their conventional counterparts as regards
composition, nutritional value or nutritional effects, intended use of
the food or implications for the health of certain sections of the
population or, if the food product gives rise to ethical or religious
concerns.

The label of novel foods, which do not have a conventional counterpart,
must also contain appropriate information about the nature and the
characteristics of the foods concerned.

# 

# Traceability

Operators who market products produced from GMOs must ensure that the
following information is transmitted in writing to the operator
receiving the product:

\- an indication of each of the food ingredients or additives produced
from GMOs.

\- for products for which no list of ingredients exist, an indication
that the product is produced from GMOs.

Operators must have a system and standardized procedure in place to hold
the information mentioned above and to allow the identification of all
the different operators by whom and to whom the GM foods were made
available. This information must be kept for a period of five years. The
traceability requirements do not apply to products containing less than
0.9 percent of GMOs, provided that the traces of GMOs are adventitious
or technically unavoidable.

In cases where Community legislation provides for specific
identification systems, such as lot number for prepackaged products,
operators are not obliged to hold the traceability information, provided
that this information and the lot number is clearly marked on the
package and that information about lot numbers is held for a period of
five years.

***Dietetic and special use foods***

Special regulations on dietetic foods cover:

*Slimming foods (VLCD and LCD diets)*

*Baby and infant formulas*

*Nutritional preparations for special medicinal uses*

Baby and infant formulas intended for healthy children, and low calorie
diets and special medicinal diets are subject to EC harmonization. The
Polish importer is obligated to inform Polish Sanitary Authorities
(Glowny Inspektorat Sanitarny) about the first shipment of the above
products ("powiadomienie" advisory letter procedure). Detailed
regulations consistent with the EU law, are specified in the Journal of
Law no. 104 pos. 1094 dated May 1, 2004 (link is in Polish language)
http://www.abc.com.pl/serwis/du/2004/1094.htm

# 

# Organic foods

A product can be marketed as organically grown or under given
circumstances as organic ingredients in composite foods, provided an
accredited inspection body grants the production certificate. Third
country inspection bodies must conform with the standard of EU member
state inspection bodies, which is described in EN and ISO standard -
Council Regulation 2092/91.

Since May 1, 2004, Poland has had a new Act on organic agriculture which
was established on April 20, 2004, which is based on the EC regulation
no 2092/91/EEC of June 24, 1991 on agricultural production of organic
products and labeling of agricultural and food products, as well as EC
regulation no. 94/92/EEC of January 14, 1992 regarding detailed rules of
implementation of the agreements on imports from third countries which
were set forth by regulation no. 2092/91/EEC.

The Act announces the responsibility of certification of imported
organic foods into Poland on the Commercial Quality of Agricultural and
Food Products Inspection (Inspection). The Inspection issues import
permits for products from third countries not mentioned on the EU list
and controls organic products imported from third countries.
Additionally, imported organic products have to be checked and certified
by one of the Polish certification organization to be labeled organic.

Certification organizations in 2004:

Polish Research and Certification Center in Pila

64-920 Piła

ul. Śniadeckich 5

BIOEKSPERT Sp. z o.o.\
00-621 Warszawa,\
ul. Boya-Żeleńskiego 6, lok. 34\
e-mail: <bioekspert@plo.pl>

AGRO BIO TEST\
Sp. z o.o.\
02-787 Warszawa,\
ul. Nowoursynowska 166

Ph (48-22) 847 8739\
[www.agrobiotest.pl](http://www.agrobiotest.pl/)\
e-mail: <agro.bio.test@agrobiotest.pl>

COBICO Sp. z o. o\
31-203 Kraków,\
ul. Lekarska 1

ph (0 12) 632 35 71\
fax (0 12) 416 36 46

[www.cobico.pl](http://www.cobico.pl/)\
e-mail: <cobico@cobico.pl>

EKOGWARANCJA PTRE Sp. z o.o.\
20-834 Lublin,\
ul. Irysowa 12/2

ph (48-81) 742 68 64

fax (48-81) 742 83 14

[www.ekogwarancja.pl\
]()e-mail: <biuro@ekogwarancja.pl>

**Ministry of Agriculture and Rural Development**

Department of Plant Production and Protection

Section of Organic Agriculture

Ul. Wspolna 30

00-930 Warszawa

Mr. Wieslaw Wawiernia

Ph. (48-22) 623 2466, 623 2573

Fax (48-22) 628 87 84

Commercial Quality of Agricultural and Food Products Inspection

# Section of Market Control, Organic Farming and Inventory

Ms. Monika Rzepecka

00-930 Warszawa

ul. Wspólna 30 \
ph (48-22) 621-64-21\
fax (48-22) 621-48-58, 629-48-16, 628-57-49

# Fruits and vegetables

Fruits and vegetables can be sold unpacked separately or by weight.
Country of origin must be stated and also any surface treatment must be
noted. Surface treatment of fruits is regulated in accordance with the
food additives regulation.

# SECTION VIII. TRADEMARK LAWS

-Protecting Your Product

Intellectual Property Rights (IPR) infringement is covered by
intellectual property laws in Poland. Although enforcement has improved,
it is still far from adequate. In theory all foreigners, both resident
and non‑resident in Poland, are protected from intellectual property
infringement, either as a result of Polish law or bilateral agreements.
Poland is a signatory to a number of international IPR conventions,
including the Bern and Paris conventions as well as the World Institute
for Protection of Intellectual Property (WIPO). In 1997, Poland ratified
the Rome Convention specifying IPR regulations.

As a result of its uneven IPR performance, in May 1997 the United States
Trade Representative placed Poland on the Watch List of its Special 301
report on IPR practices. Poland remains on the Watch List at the present
time.

-Patents

The Polish Law on Inventive Activities protects inventions through
patents and utility models. Applications are filed with the Polish
Patent Office; Polish attorneys must represent foreign applications.
Patents are granted based on novelty, non‑obviousness, technical
character, and applicability. These are product patents versus process
patents. Registrations are published 18 months from the date the
application is received. Registered patents are valid 20 years from the
filing date. Registered models, inventions, and industrial designs are
valid for five years and may be extended for another five years. Annual
fees must be paid for maintaining a patent. There are no regulations
regarding license terms. Criminal penalties are possible for
infringement.

-Trademarks

Poland\'s trademark law of 1985 stipulates that trademarks, service
marks, or collective marks may be registered. Trademarks are also
protected under the 1993 Law on Combating Unfair Competition. A
trademark must define the goods and services that are to be marked by
the registered trademark. Applications are filed with the Polish Patent
office and priority under the Paris Convention may be claimed. Polish
patent agents must represent foreign applicants. A registered trademark
is valid for 10 years from the date of filing, unless the mark is not
used for three consecutive years. The registration may be renewed for
10‑year periods. Trademarks may be licensed. Ornamental designs and
integrated circuits are protected.

U.S. companies find, however, that despite the existence of laws, Polish
authorities often lack the knowledge and resources to enforce them. U.S.
companies must often spend resources protecting their own interests.
Under the amended Code of Civil Procedure, a request for temporary
injunction forbidding the infringer from using an item until a case can
be resolved must be reviewed by a court within seven days, thus becoming
a new tool in protecting trademark and intellectual property rights.

The Pro‑Marka Polish Association of Branded Goods Producers (PABGP) was
established in 1996 with the goal of protecting trademarks, foiling
pirates, and educating consumers and regulators alike about the value of
brand names. Currently Pro‑Marka has about 25 international and Polish
member companies and focuses on consumer products.

-Copyrights

A new copyright law consistent with international standards, became
effective in June 1994. The copyright law introduced protection of not
only literary, musical and graphic works, but also computer software,
audio‑visual works and industrial patterns. It extends copyright
protection from 25 to 50 years to comply with international standards,
and protects not only authors, but also producers, artists, and
performers for both commercial and personal rights. Generally,
commercial rights expire 50 years after the author\'s death. This
regulation also applies to registered promotional audio/visual aids
which might be utilized in promoting products in Poland.

U.S. companies find that enforcement of copyrights, like trademarks, is
still inadequate despite major progress made in the last three years.
Since the beginning of 1998, Polish customs authorities and police have
been more actively protecting intellectual property rights by not only
reacting to claims of interested companies or organizations but also
being pro-active. U.S. companies and trade associations have spent a
great deal of resources informing the public as well as the legal
community about the issue of copyright protection. The greatest problems
are in the area of sound and video recordings and especially software.
The local chapter of the Business Software alliance estimates that even
though the situation is improving, almost 70% of software products on
the Polish market are pirated.

-Trade Secrets

Trade secrets are protected under the law regarding protection against
unfair competition of 1993.

# SECTION IX. IMPORT PROCEDURES

# EU Regulations

Council Regulation 2913/92 establishes the Community Customs Code. The
Code lists all the customs procedures applicable for trade in goods with
third countries. Import duties are determined by the tariff
classification of goods and by the customs value. With the
implementation of the Code, the 25 member states of the European Union
form a customs union, meaning that all member states apply the same
tariff on goods imported from outside the EU. Once an imported good is
cleared in one member state, it can move freely throughout the EU. See
http:/www.useu.be/agri/import.html and
<http://www.useu.be/agri/customs.html>. The EU uses the Combined
Nomenclature (CN) for the customs classification of goods. The CN eight
digit code numbers are based on the Harmonized System (HS) nomenclature:
The first six digits refer to the HS headings, the two following digits
represent the CN subheadings. The EU's on-line customs database can be
consulted to look up commodity codes and relevant import duties:
<http://europa.eu.int/comm/taxation_customs/dds/en.htm>. It is also
possible to obtain Binding Tariff Information (BTI) from a member
state's customs authority to get the proper product classification.
Through this system, traders know in advance the tariff classification
of the goods they intend to import. BTI is legally binding in all the
member states. A list of customs authorities can be found on the
Internet at:
<http://europa.eu.int/comm/taxationm_customs/databases/bti/EN.pdf>. The
customs value of a good is the CIF price at the European border derived
from the product price found on the invoice and the transportation costs
reflected in the airway bill or the bill of lading.

Goods are only released after payment of the import duty and other taxes
that may be due. Duties payable on goods imported into the EU may
include:

\- Import duty (expressed as ad valorem tariffs or specific tariffs per
unit weight/volume/number of pieces).

\- Additional duties on flour and sugar (processed products).

\- Entry price (fruit and vegetables).

\- Environmental taxes (not harmonized).

\- Inspection fees (not harmonized).

\- Value added tax (VAT) (not harmonized).

\- Excise duties (alcohol and tobacco) (not harmonized).

**VAT and Excise Tax**

Poland has a Value Added Tax (VAT) system in place for agricultural and
food products. The VAT is applied in the same manner to both imported
and domestically-produced products. The VAT in Poland ranges from 3 % to
22 % depending on the type of commodity. 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 or retail products.
In fall 2000, the government of Poland implemented a 3 percent VAT for
basic agricultural products. This VAT rate made Polish taxation similar
to the VAT effective in most EU countries.

# Customs clearance

Provided the U.S. exporter has furnished all necessary documentation
(including necessary sanitary/phytosanitary certificate) there should be
no problems with customs clearance. Also, it is recommended that the
exporter be fully aware of the necessary shipping documents required for
their product. As the requirements are not uniform for all products and
means of transportation, exporters should contact their importer to
obtain this information.

Current Polish regulations specify that the importer and producer are
responsible for any serious health problems, which may occur as a result
of consumption of the product.

**- Registration of a new imported product or additive:**

Regulations concerning new imported product entry into the Polish
distribution system, are specified in new regulation established on
April 26, 2004 by the Polish Minister of Health (Journal of Law no. 104
Pos. 1095, April 26, 2004). These regulations simplify the entry
procedure. Please note that this procedure does not apply to novel
foods.

Current regulations specify that the importer of a product, which is new
to the Polish market, can request approval of the product. The importer
needs to contact the Polish Sanitary Authorities (Panstwowy Zaklad
Higieny) and submit a letter-requesting permit for product entry
("powiadomienie").

The required basic documentation should consist of:

-   copy of invoice

-   product certificate issued by producer

-   producers laboratory specification

-   proposed Polish language label (with all product ingredients)

The approval procedure takes about one month. On the basis of the
initial approval the product can be imported into Poland. The above
procedure assures the importer that the product border clearance
procedure is shortened. After this procedure product can be cleared at
the Polish border with regular 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.)

An importer who does not apply for product approval from PZH can still
clear the goods through the Polish border control system (with the
documentation listed above). During the border control producers
certificates and laboratory tests results are checked for their
compliance with the Polish regulations and if all is in order the
product is released. Should some discrepancies occur the product will
need to be tested by Polish Sanitary authorities.

Once an importer starts to import regularly, every shipment will
probably not be tested. If the product and producer are not well know to
the Polish Sanitary authorities the authorities order shipment tests on
average every 6 months (after the first border control), if the product,
producer and importer are known to the Polish authorities the tests can
be conducted every 12 months or less frequently.

-   **Import of product which is already present on the Polish market or
    in another EU country**

An importer of product which is already present on the Polish market or
in another EU country needs to include in product delivery documentation
a letter from the producer which would confirm the fact that the exact
same product is approved in another EU country (country needs to be
specified).

Such product is then allowed to enter Poland without additional
clearance.

-- **Trade Infrastructure set up by the Polish Government:**

\- **Bonded Warehouses**

\- Many Polish import firms utilize Bonded Warehouses, which enable them
to distribute a portion of imported goods according to demand as well as
to easily re-export goods out of Poland. Bonded warehouses are operated
by permission of the President of the Central Office of Customs.
Commercial code companies can operate them.

\- **Special economic zones**

A special economic zone (SEZ) is a designated area within the territory
of Poland in which business activities (manufacturing or distribution)
can be conducted on special, preferential terms. Currently, there are 14
SEZs in Poland, their aim being to support regional development. Since
2001, new regulations on SEZs and public aid have been in force. After
January 1, 2001, entrepreneurs who have obtained a permit to conduct
activities in SEZs have been eligible for income tax exemption, which is
regarded as a form of public aid.

The following forms of tax relief and other incentives to encourage
investment are available in the SEZs:

> \- Income tax exemption
>
> \- Relief on real estate tax (depending on a decision of the local
> authorities)
>
> \- Relief on tax on means of transport (depending on a decision of the
> local authorities)
>
> \- Customs duty relief
>
> \- Non-tax incentives relating to employment
>
> of new employees
>
> \- Non-tax incentives related to investment procedures in the SEZs
> including but not limited to those concerning:
>
> \- Minimum employment;
>
> \- Minimum investment outlays.

For more information, please contact the Ministry of Finance -- Customs
Department (Appendix A).

# APPENDIX I 

# 

# \-- Government Regulatory Agency Contacts

Ministry of Agriculture and Rural Development

Mr. Wojciech Olejniczak

Minister

ul. Wspolna 30

00-930 Warsaw

Poland

ph: 4822-6231000 - operator

fax: 4822-6232750

Ministry of Agriculture and Rural Development

Department of European Union and Foreign Relations

Mr. Wieslaw Zapedowski

Director

ph: 4822-6282071/2

fax: 4822-6296127

Glowny Inspektorat Jakosci Handlowej Artykulow Rolno Spozywczych

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

Ms. Ewa Szymborska

Department Director

ul. Wspolna 30

00-930 Warsaw

ph: 4822-6295938

fax: 4822-6214940

Ministry of Health and Social Welfare

Ms. Malgorzata Drab

Acting Director

Health Policy Department

ph: 4822-8260894

fax:4822-6349376

Main Sanitary Inspection (Glowny Inspektor Sanitarny - GIS)

Mr. Andrzej Trybusz

ul. Dluga 38/40

00-238 Warsaw

ph: 4822-6351559

fax: 4822-6356194

State Hygiene Office- (Panstwowy Zaklad Higieny) - PZH

Prof.Jan Krzysztof Ludwicki, Director, ph: 4822-8497084

Ms. Katarzyna Czaja, chemical residue lab, ph: 4822-8493332

Ms. Krystyna Rybinska, Food Testing Unit

ul. Chocimska 24

Warsaw

ph: 4822-8494051 ext. 359, 339

fax: 4822-8493513, 8497441

National Food and Nutrition Institute

Dr. Lucjan Szponar, Director

Ms. Katarzyna Stos

Section for Food and Nutrition Manager

Institute of Food and Nutrition

ul. Powsinska 61/63

02-903 Warsaw

ph: 4822-5509677, 8420571, 8422171

fax: 4822-8421103

fax: 4822-423742

Mazowiecka Sanitary Station - SANEPID - actual tests & check ups

Mr. Krzysztof Dziubinski, Acting Voividship Sanitary Inspector

Ms. Bozena Rosiak, Director of Food and Nutrition Department

ul. Zelazna 79

00-875 Warsaw

ph: 4822-6201656, 6209001 ext. 42

fax: 4822-6248209

www.wsse-wawa@supermedia.pl

Ministry of Environment

Mr. Jan Wrobel

Acting Director

Department of Nature Protection (Biotechnology)

ul. Wawelska 52/54

00-922 Warsaw

ph: 4822-5792235, operator: 5792900

fax: 4822-5792555

Ministry of Labor, Social Welfare and Economy - Import Licences and
Quotas

Mr. Jaroslaw Maka, Director Department of Goods Turn Over

Pl. Trzech Krzyzy 5

00-507 Warsaw

ph: 4822-6935553, 6935554

fax:4822-6934021, 6234022

e-mail: droz@mg.gov.pl

Ministry of Economy

Ms. Lucyna Jaremczuk

Expert - USA matters

Pl. Trzech Krzyzy 5

00-507 Warsaw

ph: 4822-6935508

fax: 4822-6219714

Polish Center for Research and Certification

Ms. Ewa Slowinska

Manager Food Department

ul. Klobucka 23A

02-699 Warsaw

ph: 4822-8579916, 6470722

fax: 4822-6471222, 6471109

e-mail: cert.wyr@pcbc.gov.pl

www.pcbc.gov.pl

Ministry of Finance -- Customs Department

Mr. Jerzy Plusa

Customs Department Director

ul. Swietokrzyska 12

00-916 Warsaw

tel. 48‑22 6945005 6945313, 6143194

fax: 48-22 6248397

http://www.mf.gov.pl/aktualnosci/index.php