Control proceedings

Commercial quality means characteristics of agricultural and food product related to its organoleptic, physical-chemical and microbiological properties in scope of production technology, size and mass as well as requirements arising from production method, packaging, presentation and labelling, not covered by hygiene, veterinary or phytosanitary requirements.

The provisions of the above mentioned Act are not applicable to:

1. agricultural and food products manufactured for own use,
2. propagating material of agricultural, horticultural and herbal plants in the meaning of the provisions on seed production,
3. sale of agricultural and food products by the producers in agricultural holding directly to consumers,
4. health, hygiene, veterinary and phytosanitary requirements related to agricultural and food products specified in separate provisions,
5. fruit and vegetables for which separate community provisions are set up.

The Chief Inspector elaborates guidelines concerning proceedings of the Voivodeship Inspectors of Agricultural and Food Quality during conducting ofcial control of food and agricultural products.
The control of agricultural and food products carried out by the Agricultural and Food Quality Inspection covers at least one of following activities:

Checking of documents in order to identify the food and agricultural product, quality certicates, results of laboratory analyses and other documents that conrm the commercial quality.

• Checking of packaging, labelling, presentation of agricultural and food products and transport and storage conditions.
• Examination of agricultural and food products.
• Sampling and laboratory analyses.
• Determination of class (category) of agricultural and food products.
• Control of the way of production or correctness of processing (if it arises from separate provisions).

Agricultural and food products placed on the market should comply with requirements on commercial quality specied in provisions on commercial quality and declared by producer or operator placing them on the market.

• Requirements for commercial quality of agricultural and food product may be specied particularly through determination its quality class.
• Packaging of agricultural and food products placed on the market should ensure keeping of characteristics essential for the type of agricultural and food products in question, determining its identity.
• Agricultural and food products placed on the market shall be labelled.
• Labelling of agricultural and food products should be in Polish, in legible, clear and apparent way, and in case of agricultural and food products in individual packages it should be also irremovable.
• The requirements of labelling in Polish is not applicable to exported agricultural and food products.

In case when agricultural and food products do not meet the requirements specied in the Act, the Voivodeship Inspector of Agricultural and Food Quality, in scope of his competence, may decide, in way of administrative decision, about the following actions:

• Order to re-classify or to subject product to other specied treatments.
• Order to withdraw product from the market.
• Order to destroy product on expense of its owner.
• Prohibit to store product in inappropriate conditions or to transport product in inappropriate means of transport.

These decisions have the warrant of spot execution.

In case when the activity of the operator producing or placing on the market agricultural and food products not complying with requirements specified in the Act, the Voivodeship Inspector of the Agricultural and Food Quality Inspection, in scope of his competence, may:

1. request to eliminate the inconformities during specified period,
2. cessation of the activity until eliminating the inconformities.

The Voivodeship Inspector of the Agricultural and Food Quality Inspection conducts border control of agricultural and food products entering the Polish custom area. When products do not meet the requirements specified in the Act, the Voivodeship Inspector of the Agricultural and Food Quality Inspection forbids in a way of administrative decision entering a consignment the Polish custom area.

Operator/producer has a right to appeal. Appeals against the decisions issued by the Voivodeship Inspector of Agricultural and Food Quality are considered by the Chief Inspector of Agricultural and Food Quality.