Legislation

The spirits industry is one of the most strictly regulated sectors of the economy in Poland, and the functioning of the spirits market differs significantly from other foodstuffs markets. The spirits market in Poland is regulated both by national legislation and by EU laws.

In terms of European Union regulations, the key legal acts are as follows:

  • 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
  • Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs
  • Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
  • Regulation (EC) No. 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of spirit drinks
  • Council Directive 92/84/EEC of 19 October 1992 on approximation of the rates of excise duty on alcohol and alcoholic beverages.

In terms of national regulations, the key legal acts are as follows:

  • Act of 26 October 1982 on upbringing in sobriety and alcoholism prevention (Dz.U. 1982 No 35, item 230)
  • Act of 25 August 2006 on food safety and food service safety (Dz.U. No 171, item 1225) along with executive regulations to this act
  • Act of 18 October 2006 on manufacturing of spirits drinks and on registration and on the protection of geographical indications of spirits drinks (Dz.U. 2006 No 208, item 1539)
  • Act of 6 December 2008 on excise tax
  • Regulation of the Minister of Agriculture and Rural Development of 27 July 2007 on general deviations from hygiene requirements in plants producing traditional foodstuffs of animal origin
  • Regulation of the Minister of Health of 18 February 2009 on general deviations from hygiene requirements in plants producing traditional foodstuffs of non-animal origin.

Did you know…?

Under the 1982 law on upbringing in sobriety and alcoholism prevention:

  • Advertising and promotion of alcoholic beverages are prohibited, with the exception of advertising and promotion of beer; other alcoholic beverages may be advertised solely inside wholesale trading premises, separate booths or stands, and food service outlets that sell alcohol
  • It is prohibited to provide information about sponsorship of sports events, concerts, and other large public events by manufacturers of alcohol with more than 18% alcohol content
  • It is prohibited to sell and serve alcoholic beverages with more than 18% alcohol content in organized vacation facilities and training centres
  • Retail alcohol sales outlets are regulated depending on the alcohol content of products sold (more than 4.5% alcohol content)
  • Money generated by fees on permits to sell alcohol should be put towards commune-level programmes of prevention and solving of alcohol-related problems.

1% of the excise tax on alcohol should be put towards implementation of the National Programme for the Prevention and Solving of Alcohol-Related Problems.

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