On 16 September 2026, the Act of 17 July 2026 amending the Act on the Commercial Quality of Agri-Food Products and certain other acts entered into force (Journal of Laws, item 1154). The amendment revises the statutory definition of an adulterated product, introduces criminal liability for placing adulterated products on the market for financial gain, and expands the powers of the Agricultural and Food Quality Inspection (IJHARS) to investigate and enforce compliance with food information requirements.
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Key changes for food businesses
- Revised definition of an adulterated agri-food product.The definition covers, among other cases, products without the labelling required under commercial quality legislation, products whose composition breaches that legislation, and products bearing a name that is unlawful or untruthful. It also covers false information concerning origin, use-by or best-before dates, net quantity, quality class, variety or commercial type. The requirement that final consumers’ interests be materially harmed applies to a separate category: changes that conceal a product’s actual composition or other characteristics. This distinction matters when classifying infringements and determining the applicable sanctions (Article 3(10)).
- Criminal liability for food fraud. Placing adulterated agri-food products on the market for financial gain is punishable by a fine, restriction of liberty or imprisonment for up to one year. Where the products are of substantial value, the offence carries a prison sentence of up to three years. The amendment also regulates the relationship between criminal proceedings and administrative financial penalties imposed on a natural person for the same act (Article 39k and Article 40a(3b)–(3d)).
- Orders to amend information or publish a correction. A regional inspector may initiate explanatory proceedings concerning commercial quality information without first conducting an inspection. If an infringement is established, the inspector may order the information to be amended or a correction to be published in a specified manner and within a specified timeframe. This procedure is relevant, in particular, to online product descriptions and advertising. Failure to comply with the decision may result in a financial penalty of up to twenty times the statutory average remuneration figure, subject to a minimum of PLN 500 (Articles 39f–39j and Article 40a(1)(11)).
- Broader access to electronic records. Inspection powers include requesting access to emails, data storage media, devices and IT systems relevant to the subject of the inspection. This also extends to third-party systems containing the inspected business’s data, where that business has access to those systems. IJHARS may also request information identifying an online seller from an entity processing that seller’s data (Article 23a and Article 24(1)(3)).
- Additional import controls. Where there are reasonable grounds to suspect non-compliance with commercial quality requirements, controls may also cover products outside the list subject to mandatory border checks and consignments below the applicable minimum quantity thresholds. Such controls may be undertaken on the authority’s own initiative or at the request of the customs authority (Article 10(2b)).
- Limited exemption for minor infringements. Proceedings concerning the penalties specified in Article 40a(1)(3) and (8) must not be initiated, and pending proceedings must be discontinued, where three conditions are met jointly: the value of the inspected products is below 2% of the previous year’s statutory average remuneration figure; the inspected business did not contribute to the irregularity; and the irregularity could not have misled the final consumer. This exemption does not cover the penalty for placing adulterated products on the market (Article 40a(5e)).
- Changes to quality marking and sector-specific rules. The amendment removes the legal basis for using the quality mark on products manufactured under national or EU quality schemes recognised under separate legislation. Products labelled on that basis before the amendment entered into force may remain on the market for two years. The Act also introduces provisions concerning, among other matters, controls on fruit, vegetables and bananas, and exemptions relating to egg marking.
Practical implications for businesses
The amendment warrants a review of product labelling, online product descriptions and advertising materials, together with procedures for providing records during inspections. Particular attention should be paid to the revised definition of adulteration, as the classification of an infringement affects the scope of liability. Importers should also account for the possibility of controls on consignments previously outside mandatory border checks. Transitional provisions: Inspections initiated but not completed before 16 September 2026 remain subject to the previous rules. However, the revised provisions for determining financial penalties, which also take account of the value of the inspected products, apply to infringements committed before the amendment entered into force.
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