powrót do Aktualności
In an important judgment issued on 7 May 2026, the Polish Supreme Administrative Court (Naczelny Sąd Administracyjny – NSA) confirmed that Polish food authorities cannot automatically impose administrative monetary penalties without assessing whether the statutory conditions for waiving the fine are fulfilled.
The case concerned a food business operator conducting food retail and catering activities in schools. The sanitary authorities imposed a financial penalty for several alleged breaches of Polish food law, including non-compliance with food information requirements, operation without proper establishment approval, and violations of rules applicable to school food environments.
A key aspect of the judgment is the Court’s interpretation of Article 189f of the Polish Code of Administrative Procedure. Under this provision, an administrative authority may refrain from imposing a monetary penalty and issue only a warning where:
Importantly, the operator had expressly requested the application of this mechanism during the administrative proceedings. However, the sanitary authorities failed to assess this request and did not explain in their decisions why waiver of the penalty was not justified.
The NSA held that this omission constituted a serious procedural defect. According to the Court, food authorities are required not only to establish that a breach occurred, but also to analyse whether the circumstances of the case justify refraining from imposing a financial penalty.
The Court also clarified that the Polish Food Safety and Nutrition Act does not preclude the application of general administrative law provisions concerning the waiver of administrative fines. As a result, these provisions continue to apply in food law enforcement proceedings.
From a practical perspective, the ruling confirms the importance of actively presenting arguments concerning the minor nature of the infringement, corrective measures, and compliance history already during administrative proceedings.
Supreme Administrative Court judgment of 7 May 2026, case no. II GSK 598/23.
If you have questions regarding food law compliance in Poland, administrative proceedings, food labelling, food supplements, FSMPs, novel food, health claims, or regulatory requirements applicable to food business operators, the food law experts at IGI FOOD LAW can support you at every stage of your project.
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