Poland-Food and Agricultural Import Regulations

An Expert's View about Trade Regulations in Poland

Posted on: 23 Jan 2013

Report outlines national laws in Poland relating to food and agricultural regulations and standards

THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY Required Report - public distribution Date: 12/24/2012 GAIN Report Number: PL1229 Poland Food and Agricultural Import Regulations and Standards - Narrative FAIRS Country Report Approved By: Michael Henney, Agricultural Attaché Prepared By: Beata Bors, Student Intern; Jolanta Figurska, Piotr Rucinski, Agricultural Specialists Report Highlights: All sections of the report were updated. Poland applies EU directives and regulations with but a few exceptions. U.S. suppliers should verify with the respective FSIS or APHIS Inspection offices or the importer for latest EU/Polish import requirements prior to export. The EU Food and Agricultural Import Regulations and Standards (FAIRS) report for EU-27, prepared by the US Mission to the EU in Brussels, available at http://gain.fas.usda.gov/Pages/Default.aspx or via link EU 27 FAIRS Report should be reviewed in conjunction with this report. Section I. Food Laws: 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. Attention Exporters: In 2011 there have been increasingly frequent situations where exporters have had cargos stopped at the borders of Poland because past practices and forms have been overtaken by imposition of the EU system. This occurred with transshipments of beef, pork, and poultry across Poland to non-EU destinations, direct exports to Poland of bovine genetics. Exporters should be aware and check with the FSIS & APHIS Export Libraries or be in contact with your importer for the most recent EU regulations. Based on the EU single market principle, Poland, as a member of the EU, mostly adheres to EU regulations governing agro-food imports. Regulation (EC) 178/2002 (General Food Law) is the harmonized regulation which sets out the general principles and requirements of EU harmonized food law. Exporters should be aware that there may also be some variation among Member States in applying EU harmonized legislation. In addition, Regulation (EC) 178/2002 protects consumers against fraudulent or deceptive commercial practices. This legislation also aims to protect the health and wellbeing of animals, plant health and the environment. No food stuff dangerous to health and/or unfit for consumption may be placed on the market. To determine whether a foodstuff is dangerous, the following are considered: ♦ the normal conditions of use; ♦ the information provided to the consumer; ♦ the probable immediate or delayed effect on health; ♦ the cumulative toxic effects; ♦ the specific sensitivity of certain consumers. Where any food which is unsafe is part of a batch, lot or consignment, it is assumed that the whole batch, lot or consignment is unsafe. What is more, animal feed deemed to be unsafe cannot be placed on the market or fed to any food-producing animals. Producers must apply the food legislation at all stages of the food chain, from the production, processing, transport and distribution stages through to the supply of food. Furthermore, producers are responsible for ensuring the traceability of products at all stages of the production, processing and distribution, including with regard to substances incorporated into the foodstuffs. European Food Safety Authority provides scientific advice and scientific and technical support in all areas impacting on food safety. It constitutes an independent source of information on all matters in this field and ensures that the general public is kept informed. Participation in EFSA is open to EU Member States and to other countries applying EU food safety law. EFSA is also responsible for coordinating risk assessments and identifying emerging risks, providing scientific and technical advice to the Commission (including in connection with crisis management), collecting and publishing scientific and technical data in areas relating to food safety and establishing European networks of organizations operating in the field of food safety. More information about EFSA can be found at: http://www.efsa.europa.eu/ Exceptions can occur when a member state can substantiate a health concern about a product; a member state can apply leeway (actual or perceived) in how to interpret an EU directive; and when harmonized EU legislation is lacking, for example, for vitamins, minerals, and pesticide residues. Wide variations in inspection fees, in registration fees and in the time required to evaluate ingredients also exist between member countries. For these reasons, exporters are strongly encouraged to work closely with local importers. Most of the regulations relevant to food and agricultural imports into Poland have been harmonized with EU regulations. Current Polish Food Laws On August 25, 2006, the regulation governing food products contained in the Polish Food Safety Law (Ustawa o bezpieczeństwie żywności i żywienia) was published (Polish Journal of Law 2006, No 171, pos. 1225). The text of that law (link in Polish only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20061711225&min=1 On January 8, 2010, modifications to the 2006 Polish Food Safety Law were published (Polish Journal of Law 2010, No 21, pos 105). The text of that law (link in Polish only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20100210105+2010%2403%2411&min=1 The act came into force on January 20, 2011. The 2010 modification to the Polish Food Safety Law made necessary brought Poland into compliance with current European Union regulations (Official Journal of the European Communities, 8 February 2010). Removed was the obligation for catering outlets to keep food samples and separate records for sanitary control checkups. Expanded was the list of entities for which registration was sufficient without further approval of the establishment. Registration was only needed (without approval of the establishment) for farmhouses, entities producing grape wine with their own crop of less than 1000 hl / year, pharmacies, pharmaceutical outlets, pharmaceutical wholesalers, herbal shops or businesses engaged in sales of products other than food and producing microbiologically stable packaged foods. Required was documentation confirming the health of people working in contact with food to be kept at the place of employment and to be available on request from official organs of control. Entrepreneurs who wished to notify the Chief Sanitary Inspector on the introduction of certain foods (including dietary supplements and enriched food) would have to notify via hard copy and electronic forms. Finally, expanded was the list of foodstuffs intended for particular nutritional uses. The 2010 modification introduced a definition of aroma (aroma substance). The definition is in line with the EU definition (Regulation (EC) 1334/2008). Regulation (EC) 1334/2008 applies to flavorings used to impart odor and/or taste to food, but it does not apply to substances which have exclusively a sweet, sour or salty taste, raw foods, smoke flavorings or mixtures of spices and/or fresh, dried or frozen herbs, mixtures of teas and mixtures for infusion, as long as they have not been used as food ingredients. The marketing or use of flavorings which do not satisfy purity criteria and maximum levels for dangerous or undesirable elements or substances is prohibited. Some flavorings or food ingredients with flavoring proprieties may be used in or on food without being subject to an assessment and an authorization as long as they present no risk for human health and their use does not mislead the consumer. Only the flavorings and source materials on the Community list may be placed on the market and used in or on food under the conditions of use specified therein. The list has been amended according to the common authorization procedure for food additives, food enzymes and food flavorings as defined in Regulation (EC) No 1331/2008. Flavorings or source materials which have obtained an authorization in line with Regulation (EC) No 1829/2003 may be included in the Community list. Labeling of food flavorings must comply with the general labeling conditions defined in Directive 2000/13/EC. Labels must also include either the word “flavoring” or a more specific name or description of it; and either the statement “for food” or the statement “restricted use in food” or a more specific reference to its intended food use. The term “natural” may only be used for substances or preparations derived directly from an animal or vegetable material. The statement “identical to natural flavorings” has been removed. New regulation of Minister of Health on products entering the polish market for the first time: “Rozporządzenie Ministra Zdrowia z dnia 23 marca 2011 r. w sprawie wzoru formularza powiadomienia o produktach wprowadzonych po raz pierwszy do obrotu na terytorium Rzeczypospolitej Polskiej, rejestru produktów objętych powiadomieniem oraz wykazu krajowych jednostek naukowych właściwych do wydawania opinii” (Polish Journal of Law 2011, No. 80, pos. 437) was published on March 23, 2011. The text of that law (link in Polish only) can be found at: http://isip.sejm.gov.pl/DetailsServlet?id=WDU20110800437+2011%2404%2430&min=1 On October 8, 2009, the basic law on imported food products and their minimum amount which must be subjected to quality control: Rozporządzenie Ministra Rolnictwa i Rozwoju Wsi w sprawie wykazu artykułów rolno-spożywczych przywożonych zza granicy oraz ich minimalnych ilości podlegających kontroli jakości handlowej z dnia 8 października 2009r, was published (Polish Journal of Law 2009, No. 176, pos. 1368). The text of that law (link in Polish only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20091761368 In July 2010, Regulation (EC) No 258/97 was amended to prohibit use of nanotechnology in food production until the new technology’s safeness could be fully confirmed. Food control in Poland: The official food control in Poland is related to the following authorities: ♦ State Sanitary Inspection ♦ Agricultural and Food Quality Inspection ♦ Office of Competition and Consumer Protection ♦ State Veterinary Inspection ♦ Main Inspectorate of Plant Health and Seed Inspection State Sanitary Inspection - Państwowa Inspekcja Sanitarna (PIS) holds responsibility for supervising the quality of food, materials, or products intended to come in contact with food. If products are of animal origin – controls are conducted by the authorities of the State Veterinary Inspection – Państwowa Inspekcja Weterynaryjna (PIW). Food control (no meat included) is conducted appropriately by inspectors from Sanitary-Epidemiological Stations in districts of coverage. Agricultural and Food Quality Inspection (IJHARS) performs all tasks specified in the Act of Commercial Quality of Agricultural Food Products and up to 150 national and European Community regulations. The Agricultural and Food Quality Inspection (IJHARS) activities are aimed at protection of domestic products (for example inspection on organic farming and regional or traditional products), at facilitation of exports, at quality control (fresh fruit and vegetables, meat, hop products, genetically modified products, wine, fertilizers) and at national cooperation with the international organizations dealing with food standards. The IJHARS is responsible to the Minister of Agriculture. The Agricultural and Food Quality Inspection tasks include: ♦ quality control of food in production and sales, including exported products ♦ quality control of imported food products, including border control of these articles, ♦ evaluating and issuance of certificates in terms of quality of food articles ♦ controlling conditions of storage and transport of food ♦ cooperating with official control units in other countries, exchange of information and food samples ♦ working with The Office of Competition and Consumer Protection which also supervises the quality of food products in the retail trade ♦ reporting Infringements of EU food and feed legislation through the Rapid Alert System on Food and Feeds (RASFF) In 2011, works on the project of the new law on National Food and Veterinary Safety Inspection were initiated. The law is a result of planned consolidation of State Veterinary Inspection, Main Inspectorate of Plant Heath and Seed Inspection and Agricultural and Food Quality Inspection. The Inspection is to maintain complex supervision and establish transparent rules of control. It is yet unknown as to when the new Inspection will come into being. Similar initiative has already appeared in the past and was not enforced. Office of Competition and Consumer Protection is a central authority of the state administration. The President of the Office is responsible for shaping the antitrust policy and consumer protection policy. The primary antitrust instrument used by the President of the Office are proceedings concerning competition restricting practices, i.e. abuses of a dominant position and prohibited agreements (cartels). The proceedings may end in a decision ordering the enterprise involved to cease the activities in question and pay a fine. The President of the Office is also authorized to control mergers in order to prevent situations where as a result of a merger a dominant entity is created on the market. Main Inspectorate of Plant Health and Seed Inspection is and institution whose main assignments are to monitor: plant health conditions, trade and use of plant protection remedies and their production, verification and trade of seed material. # Institution Contact person Email/Telephone Main Inspectorate Mr. Marek C 65 Targowa St. hodkiewicz 1. Main Sanitary T +48 22 536 14 18 03-729 Warsaw emporary Chief Inspection (GIS) +48 22 536 13 02 Tel: +48 22 536 13 00 Sanitary inspektorat@gis.gov.pl Inspector Mr. Janusz Związek, 30 Wspólna St. Chief Veterinary +48 22 623 22 03 00-930 Warsaw State Veterinary 2. Officer janusz.zwiazek@wetgiw.gov.pl Tel: +48 22 623 20 89 Inspection (PIW) General Fax: +48 22 623 14 08 Veterinary wet@wetgiw.gov.pl Inspector Mrs. Marzena 30 Wspólna St. Agricultural and Chacińska 00-930 Warsaw Food Quality Director of +48 22 623 29 02 Tel: +48 22 623 29 00 3. Inspection International mchacinska@ijhars.gov.pl Fax: +48 22 623 29 98 (IJHARS) Cooperation sekretariat@ijhars.gov.pl Department O 1 Plac Powstańców ffice of C Warszawy Street ompetition and General +48 22 556 08 00 4. C 00-950 Warsaw onsumer Departament uokik@uokik.gov.pl Tel: +48 22 556 08 00 Protection uokik@uokik.gov.pl 11 Al. Jana Pawła II, Main Mr. Tadeusz 00-828 Warsaw, Poland Inspectorate of Kłos, Tel: +48 22 652-92-90, 5. Plant Health and Ma os@piorin.gov.pl in Inspector t.kl +48 22 620-28-24 Seed Inspection Fax: +48 22 654-52-21 gi@piorin.gov.pl Section II. Labeling Requirements: General Requirements Poland adheres to the EU regulation on the composition and labeling of dietary supplements. During May 2010 Poland implemented provisions of Regulation No. 1170/2009 of 30 November 2009. Implementation included a temporary period for dietary supplements labeled in accordance with the previous RDA values. Upon completion of this period, products holding older labels must be removed from the market. General provisions for labeling, presenting, and advertising of pre-packaged foodstuffs marketed in the EU are laid down in European Parliament and Council Directive 2000/13/EC. Foodstuffs intended for sale to the ultimate consumer, for restaurants, hospitals and other mass caterers must comply. The standard U.S. label fails to comply with EU labeling requirements. The directive applies to pre-packaged foodstuffs to be delivered to the final consumer or to restaurants, hospitals, canteens and other similar mass caterers. The labeling, presentation and advertising of foodstuffs must not mislead the consumer as to the foodstuff’s characteristics or effects, and attribute to a foodstuff (except for natural mineral waters and foodstuffs intended for special diets, which are covered by specific Community provisions) properties for the prevention, treatment or cure of a human illness. The EU new regulation on food labeling (Regulation (EU) No 1169/2011) was adopted on 29 September 2011 and published in the Official Journal on 22 November 2011 and came into force on 12 December 2011. The Regulation can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0018:0063:EN:PDF The Regulation shall apply and become effective from December 13, 2014 (with an exception of the new mandatory nutrition labeling requirement which shall apply from December 13, 2016). The Regulation 1169/2011 deals with the issues of label visibility, font size, font and background contrast. It also regulates the obligation to additionally inform about allergens (additionally in relation to the ingredients list). According to the new Regulation, the obligation of country of origin labeling was extended to fresh meat: pork, poultry meat, goat meat and lamb. However, it will not apply to processed food and dairy products. The new Regulation introduces the obligation to inform about nutritive value. Due to the new Regulation it will be easier to distinguish products that are similar to other products but that are produced from different ingredients, eg. cheese-like products. Basic law on food labeling in Poland: Polish labeling regulations follow EU labeling standards. On July 31, 2007, the basic law on food labeling: Rozporządzenie Ministra Rolnictwa i Rozwoju Wsi z dnia 10 lipca 2007 r. w sprawie znakowania środków spożywczych was published (Polish Journal of Law 2007, No. 137, pos. 966). The text of that law (link in Polish only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20071370966&min=1 Law on food labeling in Poland is also regulated by the Polish Food Safety Law (Polish Journal of Law 2006, No 171, pos. 1225). Amendments from January 8, 2010: Modification to the Polish Food Safety Law of 2006: (Polish Journal of Law 2010, No 21, pos. 105). Food labeling by nutritive value On July 25, 2007, the law on food labeling by nutritive value: Rozporządzenie Ministra Zdrowia z dnia 25 lipca 2007 r. w sprawie znakowania żywności wartością odżywczą was published (Polish Journal of Law 2007, No 137, pos. 967) was published. The text of that law (link in Polish only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20071370967 Amendment was published on January 8, 2010 to the Polish law on food labeling by nutritive value (Polish Journal of Law 2010, No 21, pos. 105) and can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20100090063+2010%2401%2422&min=1 Food labeling of supplements and foodstuffs for particular, nutritional use Poland takes a much stricter approach with diet supplements labeling than other EU countries. Polish regulations require the wording “diet supplement” (“suplement diety”) to be used with the product brand name wherever the brand name is mentioned on the product label. On May 18, 2010, the regulation changing the composition and labeling of dietary supplements: Rozporządzenie Ministra Zdrowia z dnia 18 maja 2010 r. zmieniające rozporządzenie w sprawie składu oraz oznakowania suplementów diety was published (Polish Journal of Law, No. 91, pos. 596). The text of that law (link in Polish only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20100910596 On September 16, 2010, a new regulation on foodstuffs for special nutritional diet: Rrozporządzenie Ministra Zdrowia z dnia 16 września 2010 r. w sprawie środków spożywczych specjalnego przeznaczenia żywieniowego (Polish Journal of Law 2010, No. 180, pos. 1214) was published. The text of that law (link in Polish only) can be found at: http://isip.sejm.gov.pl/DetailsServlet?id=WDU20101801214&min=1 The 2010 regulation changed the previous regulation on foodstuffs intended for special nutritional diet from 2007. Recent changes in “diet supplements” ♦ The executive decision of European Commission2011/497/UE authorizes the placing on the market of fermented black bean extract as a novel food ingredient, under Regulation (EC) No 258/97 of the European Parliament and of the Council ♦ Advertisement control: recently certain measures have been undertaken in order to control the advertising of diet supplements; currently any irregularities are punished by an official warning, however, if such a situation repeats in during the next inspection the punishment might arise to the amount of 1 300 EUR. Compulsory Information on labels Compulsory information must appear in Polish language on the pre-packaging or on a label attached to it (sticker). The information must be marked in such a way that it is easily visible, clearly legible, and indelible. The Regulation 1169/2011 emphasizes the visibility of information on label was introduced on December 12, 2011. The information must be presented in a visible and legible way. The aspects of contrast with the background and minimal font size were also regulated. ♦ Product name - should clearly inform the buyer about the type of foodstuff, should clearly differentiate it from other similar foods, and should clearly contain information on the form of food or processes used in production. The upcoming Regulation 1169/2011 pays special attention to differentiation foodstuff from other similar foods. ♦ List of ingredients, in descending order of weight – should include permitted additional substances and allergenic ingredients present in the product, even in modified form (i.e., soy lecithin). The following ingredients require a specific statement on the label: GMO’s, packaging gases, sweeteners, certain food colorings, aspartame and polyols, quinine and caffeine, phytosterols and phyostanols and licorice. According to the upcoming Regulation, the presence of nano-ingredients must be included on the ingredients list. ♦ Nutritive value – The Regulation 1169/2011 introduces the obligation to inform about nutritive value of the product. The information must include: energy value, fat, saturated fatty acids, carbohydrates, sugars, protein and salt. The information must be presented as calculated per 100 g or 100 ml and additionally it can be presented as a Recommended Daily Intake (RDI). The obligation to inform abort nutritive value will not apply to some products, e.g. unprocessed food or foodstuffs containing low energy value (e.g. spices, tea or coffee). ♦ Allergens: Annex IIIa to Directive 2000/13/EC lists the groups of potential allergenic ingredients which must be indicated on food labels: cereals containing gluten, crustaceans, eggs, fish, peanuts, soybeans, milk and dairy products (including lactose), nuts and nut products, sesame seeds, lupine and products thereof, mollusks and products thereof and sulfite at concentrations of at least 10 mg per kg or 10 mg/l, celery, and mustard. Allergen labeling also applies to alcoholic beverages. GAIN report E36066 lists the different languages that the EU member states will accept for the purpose of allergen labeling of wine. New EU Wine Labeling Rules (2009) can be located at: GAIN Report E49061. The Regulation 1169/2011 takes stricter approach towards informing consumer about allergens and some substances which may not be tolerated. The obligation to inform about allergens will concern the goods sold in bulk as well. The information about allergens is to be clearly visible on the label. However, it is advised to defer implementing changes into labeling, because there is plenty of doubts as for the interpretation of the new rules. In particular, they concern new requirements regarding information about the allergen content. In line with Commission Regulation (EU) No 1266/2010 of 22 December 2010 amending Directive 2007/68/EC as regards labeling requirements for wines, since January 1, 2011, wines fined with egg and milk derivatives must be labeled for allergens. The text of that regulation can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:347:0027:0028:EN:PDF Guidelines for the implementation of the allergen labeling rules are available on the European Commission’s website at: http://ec.europa.eu/food/food/labellingnutrition/foodlabelling/guidelines_6_10.pdf. These guidelines also specify in which cases derogations may be accepted: ♦ for foodstuffs for which no ingredients list is required, because they comprise a single ingredient, or are almost exclusively derived from a single basic product; ♦ for sub ingredients of certain compound ingredients; ♦ for ingredients which belong to well defined categories ♦ for for substances that are not regarded as ingredients. The guidelines describe the indication or repetition of an ingredient and/or of the source of that ingredient, according to the Subparagraph 1 of Paragraph 10, which requests in substance that, unlike “normal” ingredients, ingredients listed in Annex IIIa shall not be admitted to derogations. As a result, these ingredients shall be indicated on the label with a clear reference to the name of the ingredient from which they originate. However, subparagraph 2 of Paragraph 10 states that the indication referred to in subparagraph 1 is not needed if the name under which the product is sold clearly refers to the ingredient concerned. The consequences are clearly that, where that condition is met, derogations can also continue to be admitted for ingredients from Annex IIIa, as well as for all other ingredients. For example: ♦ A foodstuff sold under the name “cake flavored with almonds” will be admitted for derogation and could include the category name “flavor” alone in the list of ingredients, even where the flavor has been made with the use of almond extracts. ♦ A foodstuff sold under the name “fish sticks” will be admitted for derogation and could include, should the case occur, the category name “gelling agent,” only followed by the specific name or EC number, without reference to “fish” even where it has been made from fish products. ♦ Dairy products sold under names such as cheese, butter or yoghurt can continue to be admitted for derogation because these names refer clearly to “milk” which is included in Annex IIIa. Subparagraph 3 of Paragraph 10 requests that substances originated in ingredients listed in Annex IIIa shall not be admitted for derogation. Therefore, carry over additives, solvents and carriers for additives or processing aids shall be regarded as ingredients where they originate from ingredients listed in Annex IIIa, and indicated “on the label” with a clear reference to the name of the ingredient from which they originate. However, this does not mean that the reference to that ingredient shall be repeated as many times as these substances are present. Any presentation making clear that different ingredients or substances originate from a single ingredient included in Annex IIIa would fulfill the requirement of subparagraph 3 and would be acceptable. Finally, it is also emphasized that, taking into account the list of derivatives exempted from labeling in compliance with Paragraph 11, derogations will continue to be accepted in many cases and such situation will not be frequent. Concerning the name under which the foodstuff is sold, the rule is that derogations are allowed where the name under which the foodstuff is sold clearly refers to the ingredient concerned. Milk based products (cheese, butter, fermented milk and cream) are particularly concerned by that provision because, subject to certain conditions, they are exempted from ingredient lists pursuant to Article 6 paragraph 2. Other products might also be concerned. However, it could be difficult in practice to know whether the condition “clearly refers to the ingredient concerned” is fulfilled. Indeed, while it is clear that products sold under names such as “cheese, butter, cream or yoghurt” refer to milk, many examples of cheeses sold under a trade name, or an appellation, protected or not, might be found. In general, such names do not explicitly refer to milk. Commission Directive 2007/68/EC (amended by Commission Regulation 415/2009) establishes a list of ingredients and substances which are permanently exempted from the mandatory allergen labeling requirement (for more information see GAIN report E47105). ♦ Certain ingredients may be designated by the name of the category rather than the specific name (Annex I to Directive 2000/13/EC). These include fats, oils (note that peanut oil is also subject to the new allergen rules), starch, fish, cheese, spices, herbs, gum bases, crumbs, sugar, dextrose, glucose syrup, milk proteins, cocoa butter, crystallized fruit, vegetables and wine. Directive 2001/101/EC adds meat as a category and defines the term "meat" for the labeling of pre-packed meat-based products (for more information see GAIN report E23004). ♦ Date of minimum durability: Poland strictly enforces the EU date format requirement of: dd/mm/year. The shelf life is indicated by words "Best before..." (“Najlepiej spożyć przed dd/mm/year”) when the date includes an indication of the day; “Best before end of..." (“Należy spożyc do dd/mm/year”) in other cases (e.g. for very perishable foods). Storage and use instructions must also appear on the label, as necessary. ♦ Name or business name and address of the manufacturer, packager, or the seller established within the Community. ♦ Details of the place of origin; the absence of such information might mislead the consumer. The new Regulation extended the obligation of country of origin labeling to fresh meat: pork, poultry meat, goat meat and lamb. ♦ Net quantity of prepackaged foodstuffs expressed in metric units (liter, centiliter, milliliter, kilogram, or gram). ♦ Special storage conditions or conditions of use - if the food label contains information about the date and shelf-life and also when the quality of the food significantly depends on the conditions of storage; ♦ Instructions for use. ♦ The actual alcoholic strength for beverages containing more than 1.2 percent alcohol by volume. ♦ A mark to identify the lot to which a foodstuff belongs, determined by the producer, manufacturer or packager or by the first seller in the EU. The marking must be preceded by the letter "L,” except in cases when it is clearly distinguishable from other indications on the label. The lot identification is not necessary if the date (day and month) of minimum durability or "use by" date, appears in un- coded form on the label. ♦ Treatments undergone, with specific indications for irradiated foods and deep-frozen foods. ♦ Description how to prepare or use, if there is no information here, it could result in inappropriate conduct with the foodstuff, such as "eat cooked”. ♦ Batch designation - information about the batch, certain quantity of the products manufactured, processed, or packaged having a uniform quality. ♦ Quality grade - if it was fixed in the regulations on the detailed requirements for the quality of food products or their groups. In addition, it is permitted to label the packaged foodstuff, with a surface area of less than 10 cm, by giving, at the minimum, the following information: 1) name of food product 2) date of minimum durability 3) a net quantity or a number of foodstuff pieces packed Beside the manufacturer's name or business name the address is required for a complete identification of the manufacturer. Note: the use of the EAN (European Article Number - renamed International Article Number) product coding system is not regulated by EU law. However, this bar code system is commonly used in the EU to fulfill the traceability requirement, which became mandatory on January 1, 2005. Food traceability Under EU law, “traceability” means the ability to track any food, feed, food-producing animal or substance that will be used for consumption, through all stages of production, processing and distribution. Traceability is a way of responding to potential risks that can arise in food and feed, to ensure that all food products in the EU are safe for European citizens to eat. It is vital that when national authorities or food businesses identify a risk they can trace it back to its source in order to swiftly isolate the problem and prevent contaminated products from reaching consumers. In addition, traceability allows targeted withdrawals and the provision of accurate information to the public, thereby minimizing disruption to trade. The EU’s General Food Law entered into force in 2002 and makes traceability compulsory for all food and feed businesses. It requires that all food and feed operators implement special traceability systems. They must be able to identify where their products have come from and where they are going and to rapidly provide this information to the competent authorities. The EU has published guidelines which require business operators to document the names and addresses of the supplier and customer in each case, as well as the nature of the product and date of delivery. Operators are also encouraged to keep information on the volume or quantity of a product, the batch number if there is one, and a more detailed description of the product, such as whether it is raw or processed. The guideline written in English can be found at: http://ec.europa.eu/food/food/foodlaw/guidance/index_en.htm In addition to the general requirements, sector-specific legislation applies to certain categories of food products (fruit and vegetables, beef, fish, honey, olive oil) so that consumers can identify their origin and authenticity. There are also special traceability rules for genetically modified organisms (GMOs), which ensure that the GM content of a product can be traced and require accurate labeling so that consumers can make an informed choice. In the case of animals, producers must now “tag” everyone with details of their origin and, when animals are taken for slaughter, stamp them with the traceability code of the abattoir. The tools used (ear tags, passports, bar codes) may vary from one country to another but must carry the same information. Factsheet on traceability can be found at: http://ec.europa.eu/food/food/foodlaw/traceability/factsheet_trace_2007_en.pdf Traceability and labeling of GMOs Regulation (EC) No 1829/2003 (articles 12-13) of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labeling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC. The Regulation in English can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:268:0024:0028:EN:PDF The European Union sets out a framework for guaranteeing the traceability of GMOs throughout the food chain, including in processed foods in which the production methods have destroyed or altered the genetically modified DNA (e.g. in oils). These rules apply not only to GMOs to be used in food, but also those intended to be used in crops (e.g. seeds). The European Union has two main objectives: to inform consumers through the compulsory labeling, giving them the freedom to choose, and to create a "safety net" based on the traceability of GMOs at all stages of production and placing on the market. This "safety net" will facilitate the monitoring of labeling, the surveillance of the potential effects on human health or the environment and the withdrawal of products in cases of risk to human health or the environment. This Regulation (EC) No 1829/2003 covers: ♦ all products which consist of GMOs or which contain them (this includes fields as diverse as the products, which are intended for entry into the human or animal food chain, products destined for industrial processing for uses other than consumption (e.g. in the production of biofuel) or even products destined to be used ornamentally (e.g. in the production of cut flowers); ♦ foodstuffs and animal feed products made from GMOs. All the products covered by this Regulation are subject to compulsory labeling, which shall enable consumers to be better informed and will offer them the freedom to choose to buy products consisting of, containing or made from GMOs. The specific requirements of this Regulation related to labeling shall not apply in isolation as these rules are in addition to the following rules which also concern labeling: ♦ the general labeling rules applicable to foodstuffs generally intended for human consumption (Directive 2000/13/EC); ♦ the general labeling rules provided for the marketing of feed (Regulation (EC) No 767/2009); ♦ the specific labeling rules applicable to GMO food and feed (Regulation (EC) No 1829/2003). Operators must transmit the following information in writing: an indication that the products consist of or contain GMOs, and the unique identifiers assigned to the GMOs. If the product is a mixture of GMOs, the industrial operator may submit a declaration of use of these products, together with a list of the unique identifiers assigned to all the GMOs used to constitute the mixture. This information must also be held for five years. The operators who place on the market a pre-packed product consisting of or containing GMOs must, at all stages of the production and distribution chain, ensure that the words "This product contains genetically modified organisms" or "Product produced from GM (name of organism)" appear on a label of the product. In the case of products, including in large quantities, which are not packaged and if the use of a label is impossible, the operator must ensure that this information is transmitted with the product. It may take the form of accompanying documents, for example. When placing a product on the market, the operator must transmit the following information in writing to the operator receiving the product. Firstly, an indication of each food ingredient produced from GMOs. Secondly, an indication of each raw material or additive for feeding stuffs produced from GMOs, and finally - if there is no list of ingredients, the product must bear an indication that it is produced from GMOs. This information must also be held for five years. Commission Regulation 619/2011 sets a tolerance of 0.1 percent - “Low Level Presence” (LLP) - for adventitious traces of non EU-authorized GMOs in feed imports. For more information see the European Commission press release http “Questions . The Commission may come forward with proposals dealing with LLP in food imports. For more information on biotechnology and biotech products see EU27 2012 Agricultural Biotechnology Report available at http://gain.fas.usda.gov/Pages/Default.aspx. Labeling irregularities The most frequent and common irregularities, found during store inspections, in labeling found by Polish inspections include: ♦ Lack of complete identification of the manufacturer, for example: no address, no contact information ♦ Giving incorrect information on the composition of the foodstuff, such as incomplete list of ingredients (lack of information on allergenic ingredients, food additives, overstatements in meat content) or the ingredients are not indicated in descending order ♦ No percentage of ingredients specification used in production, such as lack of hazelnuts content in "milk chocolate with hazelnuts” ♦ Giving misleading information in the matter of composition, nature and source of the foodstuff, such as inscription: "Bio ..." on non-organic product, suggesting that the product is environmentally friendly ♦ Using graphic signs suggesting that the product is a different product than it is, for example, the image of ham and sausages on the offal packaging ♦ No additional substance and no technological function provided in description, such as lack of technological features used in citric acid ♦ Improper use of the product name, such as "wine" in relation to fermented wine ♦ In the case of fruit and vegetables - lack of qualitative characteristics of products (grade, size, if sorted by plurality) as well as type name ♦ Another type of incompatibility relate to physical and chemical parameters or sensory evaluation Changes in labeling regulations following EU regulations: The regulation from 2003 (Polish Journal of Law 2003, No 177, pos. 1735) concerning labeling of juices produced wholly or partly from concentrated juices was changed in 2010 by the “Rozporządzenie Ministra Rolnictwa i Rozwoju Wsi z dnia 21 kwietnia 2010 r. zmieniające rozporządzenie w sprawie szczegółowych wymagań w zakresie jakości handlowej soków i nektarów owocowych” (Polish Journal of Law 2010, No 88, pos. 579). The text of the regulation (in Polish) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20100880579 The legislation came into force on 1 January 2011. The EU Regulation 1169/2011 on the provision of food information to consumers considerably changes existing legislation on food labeling including: ♦ Nutrition information on processed foods; ♦ Origin labeling of fresh meat from pigs, sheep, goats and poultry; ♦ Highlighting allergens e.g. peanuts or milk in the list of ingredients; ♦ Better legibility i.e. minimum size of text; ♦ Requirements on information on allergens also cover non pre-packed foods including those sold in restaurants and cafés. Basic transition period for these requirements amounts to 3 years (for adjusting the labels), and additional two years for implementing the changes in labeling nutritional value. The new rules will apply from 13 December 2014. The obligation to provide nutrition information will apply from 13 December 2016. The new law combines 2 Directives into one legislation: 2000/13/EC - labeling, presentation and advertising of foodstuffs; 90/496/EEC - nutrition labeling for foodstuffs. B. Medical / Health / Nutrition Claims Commission Regulation 1924/2006 concerning the nutrition and health claims in foodstuffs: published on December 20, 2006. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:404:0009:0025:EN:PDF This Regulation foresees implementing measures to ensure that any claim made on foods' labeling, presentation or marketing in the European Union is clear, accurate and based on evidence accepted by the whole scientific community. Consequently foods bearing claims that could mislead consumers will be eliminated from the market. In addition, in order to bear claims, foods will have to have appropriate nutrient profiles which will be set. This will enhance the consumers' ability to make informed and meaningful choices. Further, this Regulation respects fair competition and protects innovation in the area of foods. It also facilitates the free circulation of foods bearing claims as any food company will be able to use the same claims on its products everywhere in Europe. In order to have a comprehensive overview of the permitted nutrition claims and of both permitted and rejected health claims, the Commission has established a Register which will be regularly updated. EU Register of nutrition and health claims made on foods can be found at: http://ec.europa.eu/nuhclaims/ Commission Regulation 353/2008 concerning the implementing rules in authorization of health claims in foodstuffs: published on April 18, 2008. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:109:0011:0016:EN:PDF Regulation was amended - (Commission Regulation (EC) No 1169/2009 of 30 November 2009): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:314:0034:0035:EN:PDF Commission Regulation 983/2009 on the authorization and refusal of authorization of certain health claims made on food and referring to the reduction of disease risk and to children’s development and health: published on October 21, 2009. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:277:0003:0012:EN:PDF Followed with amendment: Commission Regulation (EU) No 376/2010 of May 3, 2010 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:111:0003:0004:EN:PDF Examples of health claims rejected by the Polish authorities: “Lactobacillus plantarum 299v (DSM 9843) enhances iron absorption”; “This product reduces feeling of hunger (for the milk product which is high in fiber and protein)”; “Periobalance gum combined with proper oral hygiene helps to restore the microbial balance in your mouth and improve oral health”; “Black tea helps to focus attention”; “Lactoral is recommended to improve the overall immunity by maintaining the microbial balance”; “Mum omega contains nutrients that support healthy development of the central nervous system”; Examples of approved health claims: “Chewing gum sweetened with xylitol in 100% - reduces dental plaque”; “Phosphorus is needed for proper growth and bone development for children”. Section III. Packaging and Container Regulations: Materials other than plastics Regulation of Minister of Health concerning the list of substances intended for food contact and permitted in manufacturing or processing of materials and products from other materials than plastics (“Rozporządzenie Ministra Zdrowia z dnia 15 stycznia 2008 r. w sprawie wykazu substancji, których stosowanie jest dozwolone w procesie wytwarzania lub przetwarzania materiałów i wyrobów z innych tworzyw niż tworzywa sztuczne przeznaczonych do kontaktu z żywnością”) was published on January 15, 2008 (Polish Journal of Law 2008, No. 17, pos. 113). The text of that law (Polish link translated) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20080170113 Plastic materials Regulation of Minister of Health concerning the list of substances intended for food contact and permitted in manufacturing or processing of plastic materials and the methods of checking of compliance of those products within the set limits, published on June 22, 2007 (Polish Journal of Law 2007, No 129, pos. 904) was amended on April 12, 2011 (“Rozporządzenie Ministra Zdrowia z dnia 12 kwietnia 2011 r. zmieniające rozporządzenie w sprawie wykazu substancji, których stosowanie jest dozwolone w procesie wytwarzania lub przetwarzania materiałów i wyrobów z tworzyw sztucznych, a także sposobu sprawdzania zgodności tych materiałów i wyrobów z ustalonymi limitami”) (Polish Journal of Law 2011, No 85, pos. 467). The text of that law (Polish link translated) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20110850467 List of added substances, permitted for use in the manufacturing or processing of materials and plastic products, as well as determining the compatibility of these materials and products with the specified limits was published on October 18, 2009 (Commission Regulation (EC) No 975/2009). The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:274:0003:0008:EN:PDF Commission Regulation 282/2008 concerning materials and plastic products recycled designed for the contact with food: published on March 27, 2008. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:086:0009:0018:EN:PDF Commission Regulation 450/2009 concerning active and intelligent materials and products designed for the contact with food: published on May 29, 2009. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:135:0003:0011:EN:PDF Commission Regulation 558/2010 concerning specific hygiene rules for food of animal origin was published on June 24, 2009. The Regulation specifies new requirements in terms of temperature and microbiological criteria in the production of foie gras, meat from poultry and lagomorphs, frozen fish in brine. In addition, sea snails are excluded from the legislation of classifying production areas. This classification is necessary for bivalve mollusks, live echinoderms, and tunicates. The requirements for the transport of live bivalve mollusks in containers are tightened and the specification of raw materials used for gelatin production is changed. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:159:0018:0021:EN:PDF Commission Regulation (UE) 10/2011 on plastic materials and articles intended to come into contact with food published on January 14, 2011 was amended by Commission Regulation (UE) 1282/2011 of November 28, 2011. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:328:0022:0029:EN:PDF Section IV. Food Additives Regulations: Additives perform certain functions for the final product in consumption and must be mentioned on the label in the product composition, while substances helping in processing are just to facilitate manufacture and are not required to be mentioned on the label. Regulation on permitted additives Regulation of the Minister of Health on permitted additives was published on April 22, 2011 (Rozporządzenie Ministra Zdrowia z dnia 22 kwietnia 2011 r. zmieniające rozporządzenie w sprawie dozwolonych substancji dodatkowych) in Polish Journal of Law 2011, No. 91, pos. 525, available via Polish language link: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20110910525 Regulation on specifications and criteria of purity of additives Regulation of the Minister of Health on specifications and criteria of purity of additives: Rozporządzenie Ministra Zdrowia z dnia 12 października 2007 r. w sprawie specyfikacji i kryteriów czystości substancji dodatkowych which was published on October 12, 2007 was amended on December 23, 2010 (Polish Journal of Law 2011, No. 2, pos. 3) and changed on April 22, 2011 (“Rozporządzenie Ministra Zdrowia z dnia 22 kwietnia 2011 r. zmieniające rozporządzenie w sprawie specyfikacji i kryteriów czystości substancji dodatkowych”) (Polish Journal of Law 2011, No. 91, pos. 526). The text of that law (link in Polish language only) can be found at: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20110910526 Solvents Regulation of the Minister of Health on solvent extraction, which can be used in the production of food: Rozporządzenie Ministra Zdrowia z dnia 4 września 2008 r. w sprawie rozpuszczalników ekstrakcyjnych, które mogą być stosowane w produkcji żywności, published on September 4, 2008 (Polish Journal of Law 2008, No 177, pos.1093) was changed by the Regulation of the Minister of Health of February 18, 2011 (“Rozporządzenie Ministra Zdrowia z dnia 18 lutego 2011 r. zmieniające rozporządzenie w sprawie rozpuszczalników ekstrakcyjnych, które mogą być stosowane w produkcji żywności”) (Polish Journal of Law 2011, No 52, pos.272). The text of that law (link in Polish language) can be found at: http://isip.sejm.gov.pl/DetailsServlet?id=WDU20110520272&min=1 Aromas Regulation of the European Parliament and of the Council (EC) No 1334/2008 on flavorings and certain food ingredients with flavoring properties for use in and on foods was published on December 16, 2008. The text of that law can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:354:0034:0050:en:PDF Enriching substances Regulation of the Minister of Health on enriching substances added to food: Rozporządzenia Ministra Zdrowia z dnia 19 grudnia 2002 r. w sprawie substancji wzbogacających dodawanych do żywności i warunków ich stosowania was published on December 19, 2002 (Polish Journal of Law No. 27, pos. 237). The Regulation was amended on September 16, 2010 (Polish Journal of Law 2010, No. 174, pos. 1184). The text of that law (link in Polish language) can be found at: http://isip.sejm.gov.pl/DetailsServlet?id=WDU20101741184&min=1 Dietary supplements Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods was published on December 20, 2006. The text can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:404:0026:0038:EN:PDF he Regulation applies without prejudice to the provisions relating to: ♦ foods for particular nutritional uses; ♦ novel foods and novel food ingredients; ♦ genetically modified foods; ♦ food additives and flavorings; ♦ oenological practices and processes. The nutrition labeling of products which vitamins and minerals have been added to and which are covered by the Regulation is compulsory. It must contain the following information: the total amounts of vitamins and minerals where they are added to a food, the amount of protein, carbohydrate, sugars, fat, saturates, fiber and sodium (in accordance with Directive 90/496/EEC on nutritional labeling of foods) and the energy value of the product (in accordance with the same Directive on nutritional labeling). Foods to which vitamins and minerals have been added voluntarily can make a contribution to achieving adequate intakes of these substances, consequently reducing the risk of deficiencies. However, the Regulation specifies that excessive intakes of vitamins and minerals may result in adverse health effects. For this reason, the Regulation provides for the setting of maximum quantities of vitamins and minerals added to foods. The maximum amounts take account of the upper safe levels for vitamins and minerals following a scientific risk assessment, the potential intake of vitamins and minerals from other foods and the reference intakes of vitamins and minerals recommended for the population. Furthermore, if necessary, it also takes account of the contribution of individual products to the overall diet of the population and of the nutrient profile established in accordance with Regulation (EC) 1924/2006. The addition of a vitamin or a mineral to a food shall result in the presence in the food in at least a significant amount of that vitamin or that mineral substance, where this quantity has been defined according to the Annex to Directive 90/496/EEC on the nutritional labeling of food. Commission Regulation No. 1170/2009 of November 30, 2009 concerning the list of vitamins, minerals and their chemical forms that can be used in the manufacture of dietary supplements, as well as the chemical forms of vitamins and minerals that can be added to food; The text of that regulation can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:314:0036:0042:EN:PDF7 Specific nutritional purposes Commission Regulation (EC) No 953/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses was published on October 13, 2009. The text of the regulation can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:269:0009:0019:EN:PDF Additives The Regulation of the Minister of Health of 18 September 2008 concerning the allowed additives (“Rozporządzenie Ministra Zdrowia z dnia 14 stycznia 2009 r. w sprawie wprowadzenia do obrotu i stosowania w żywności na terytorium Rzeczypospolitej Polskiej określonych substancji dodatkowych”) (Journal of Laws 2009, No. 17, Item 96) with amendment from August 9, 2010 specifies the list of additives which can be used in Poland under other conditions than in the EU. Tables all included in polish link: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20090170096 Using or introducing dyes for maturing cheese analogues and fermented wine in the territory of Poland, the conditions other than those in the EU: Substance number Maximum according to the Substance European Uni acceptable on name Foodstuff levels coding system E160a Carotenes quantum satis Ripened cheese analogues (cheese-like E 160c Paprika extract products) E 160b Annatto, bixin, 15 mg/kg norbixin Flavored Polish wine, Wine-like fruit E 100 Curcumin 200 mg/1 drinks, including flavored wine-like E 102 Tartrazine fruit drinks, Low-alcohol content E 104 Quinoline dr inks, including flavored low-alcohol yellow content drinks Sunset yellow E 110 FCF, Sunset yellow F Cochineal, E 120 Carminic acid, Carmines E 122 Carmoisine, Azorubine E 124 Cochineal Red A, Ponceau 4R E 129 Allura red AC E 131 Patent Blue V E 132 Indigotine, Indigo carmine E 133 Brilliant Blue FCF E 142 Green S E 151 Brilliant Black BN, Black PN E 155 Brown HT E 160d Lycopene E 160e Beta-apo-8'- carotenal Ethyl ester of E 160f beta-apo-8'- carotenic acid E 161b Lutein Conditions (other than those in the EU) for using sweeteners to certain fermented wine: Substance number Maximum F according to the oodstuff E Substance name acceptable uropean Union levels coding system E 950 Acesulfame potassium 350 mg/l E 951 Aspartame 600 mg/l Wine-like fruit drinks, including Saccharin and its flavored wine-like fruit drinks, E 954 sodium, potassium 80 mg/l Low-alcohol content drinks, and calcium salts including flavored low-alcohol E 959 Neohesperidine DC 20 mg/l content drinks E 955 Sucralose 50 mg/l E 962 1) Aspartame- mg 2)/l acesulfame sa 350lt 1) Specific maximum acceptable levels of aspartame-acesulfame salts are derived from specific maximum acceptable levels of its components: aspartame (E 951) and acesulfame K (E 950). The maximum acceptable levels specified for aspartame (E 951) and acesulfame K (E 950) may not be exceed as a result of the use of aspartame and acesulfame salts individually or combined with E 950 or with E 951. 2) Maximum acceptable level as per acesulfame K. Conditions (other than those in the EU) for using certain food additives other than those in EU: Substance number according F ximum oodstuff to the European Substance nam Mae Uni acceptable levels on coding system E 170 Calcium carbonate quantum satis quantum satis E 500ii Sodium (applicable only R bicarbonate to cheese from ipened cheese analogues sour milk) (cheese-like products) E 504 Magnesium carbonates quantum satis E 509 Calcium chloride E 575 Glucono delta- lactone E 170 Calcium carbonate E 460 Cellulose Sliced and grated ripened cheese E 504 Magnesium quantum satis carbonates analogues (cheese-like products) E 509 Calcium chloride E 575 Glucono delta- lactone Ripened cheese analogues E 234 Nisin1) 12.5 mg/kg (cheese-like products) 1 mg/dm2 Ripened cheese analogues surface (cheese-like products), onto the E235 Natamycin (none in the 5 mm surface only surface product layer) Ripened cheese analogues E 1105 Lysosyme quantum satis (cheese-like products) 200 mg/l, quantity Fermented wine products with E 242 Dimethyl added to the drink, sugar content not lower than 5 g/l dicarbonate residue: not detectable Sulfurous acid Polish wine, Flavored Polish wine, E 220 anhydride (Sulfur Wine-like fruit drinks, including dioxide) flavored wine-like fruit drinks, E 221 Sodium sulfite Low-alcohol content drinks, E 222 Sodium bisulphite 200 mg/l including flavored low-alcohol E 223 Sodium content drinks, metabisulphite Alcohol-free fruit wine, Flavored E 224 Potassium fruit wine metabisulphite E 226 Calcium sulphite E 227 Calcium hydrogen sulphite E 228 Potassium hydrogen sulphite Polish wine, Flavored Polish wine E 353 Metatartaric acid 100mg/l 1) Nisin may be naturally present in certain cheese products as a result of fermentation processes. Conditions (other than those in the EU) for using preservatives: Maximum level (mg/kg or mg/l, respectively) Sa + F Sa + oodstuff Sa1) Ba1) PHB1) Sa+Ba PHB Ba + PHB Packaged, sliced ripened cheese analogues 1000 (cheese-like products) Ripened cheese analogues (cheese-like products), sandwiched and with foodstuffs 1000 added Polish wine, Flavored Polish wine, Wine-like fruit drinks, including flavored wine-like fruit drinks, Low-alcohol content drinks, including 200 flavored low-alcohol content drinks Flavored fruit wine 1) Acronyms according to table 3 of Appendix 4 to the Regulation of the Minister of Health of 18 September 2008 concerning the allowed additives (Journal of Laws No. 177, Item 1094). Notes: 1. Maximum levels of all the aforementioned substances are given as per the free acid. 2. The acronyms used in the table have the following meaning: a. Sa + Ba: Sa and Ba used individually or combined. b. Sa and PHB used individually or combined. c. Sa + Ba + PHB: Sa, Ba and PHB used individually or combined. 3) Maximum levels of the use indicated refer to foodstuffs ready for consumption, prepared according to manufacturers’ instructions. These commonly used colorants are approved in EU and in Poland: E100 Curcumin/Turmeric E102 Yellow # Tartrazine E110 Yellow #6 Sunset Yellow E129 Red #40 Allura Red E132 Blue #2 Indigo Carmine E133 Blue #1 Brilliant Blue E150 Caramel color Caramel E171 Titanium Dioxide Titanium Dioxide Approved/disapproved additives Erythritol sweetener (E 968) is currently approved for use in foods in the EU, with exception for use in drinks. Commission’s Decision (2010/228/EU) authorizes introduction of concentrate of the morinda citrifolia fruits. It can be in the market in the EU as a new food ingredient in certain types of foods, including dietary supplements. Monometylsilanetriol (MSS) - organic silica - in specific nutritional purposes for food supplements remains still prohibited. EFSA decided to reduce up to half of the current ADI (acceptable daily intake) for the bronze HT (E 155) - (up to 1.5 mg / kilo m. c). The ADI for the BN (E 151) has not changed (5 mg / kilo). A breakthrough in the market of sweeteners in EU - Stevia extracts received positive opinion by the EFSA. The evaluation was made for the whole family of steviol glycosides derived from stevia, except for Rebaudiozyd A, which was recently approved by the U.S. FDA (Food and Drug Administration) as a positive. Steviol glycosides extracted from the stevia plant have been approved for use as non-caloric sweeteners in the European Union, according to the Official Journal of the European Union on November 12, 2011. As a result, products sweetened by steviol glycosides may be available to European consumers since December 2, 2011, according to the International Stevia Council.
Posted: 23 January 2013