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After the Agri-Food Products (Commercial Quality) Act was amended with effect as of 1 January 2017, food products are labelled using the “Produkt polski” (Polish product) figurative mark. The mark conveys certain assured and unambiguous information regarding unprocessed products or processed products.
In the case of unprocessed products (as defined in Regulation 852/2004), the mark may be used if the primary production (as defined in Regulation 178/2002) was held in the territory of Poland.
There is an additional requirement for meat and products of animal origin other than meat. For meat, the producer may apply the “Produkt polski” mark only if, in addition to Poland being the place of production, the meat originates from animals born, raised and slaughtered in Poland. For products of animal origin other than meat (e.g. eggs and milk), the mark may be used if the product is derived from animals raised in Poland.
In the case of processed products, the “Produkt polski” mark is allowed only if the product was produced in Poland and made of Polish ingredients.
The law says that, for unprocessed products set out in Article 7b(1), the same conditions apply to all the ingredients. Thus, the producers of products of animal origin other than meat, such as milk and eggs, will be able to mark them as “Produkt polski” if they come from animals raised in Poland.
Also, where a processed product was made with the use of any ingredients of non-Polish origin, then the product may bear the “Produkt polski” mark if the total mass of such non-Polish ingredients makes up no more than 25% of the total mass of all its ingredients, excluding water, as at the time they were used for its production. Also, foreign ingredients may only be applied where they cannot be replaced with the same ingredients which comply with the requirements for unprocessed products and were produced in Poland.
Check what we refer to:
- The Agri-Food Products (Commercial Quality) Act of 21 December 2000 (Journal of Laws of 2015, item 678, as amended).
- Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.
- 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.
About the author
Marta Banyk – a lawyer in the Public Procurement team at WKB Wierciński, Kwieciński, Baehr. Within the area of intellectual property she specializes in infringement of trademarks, geographical indications, and protected plant variety rights, as well as combating acts of unfair competition.