From 16 September 2026 a new definition of adulterated agri-food products and a food fraud offence in Poland; GIJHARS laboratories also test for courts and prosecutors
On 16 September 2026 Poland’s Agricultural and Food Quality Inspection (IJHARS) described the amendment to the Act on the commercial quality of agri-food products (Act of 17 July 2026, Journal of Laws 2026 item 1154), in force from that day. It changes the definition of an adulterated product, introduces a penalty for knowingly placing it on the market and regulates tests in the Chief Inspectorate’s laboratories at the request of other institutions.
- Under the Act, an adulterated product is one without the labelling required by the rules on commercial quality, with a composition that does not comply with those rules, with a name that does not comply with the rules or is untrue, or with untrue data on origin, use-by or best-before date, net quantity, quality class, variety or commercial type, as well as a product in which changes — including to its labelling — conceal its actual composition or other properties, where they significantly harm consumers’ interests.
- New Article 39k: anyone who, for financial gain, places adulterated products on the market is liable to a fine, restriction of liberty or imprisonment of up to one year, and for products of considerable value to imprisonment of up to 3 years. According to IJHARS the inspection also gets a statutory basis for cooperation with the Police, the prosecution service, the National Revenue Administration and the Border Guard.
- Laboratory tests linked to official controls under Regulation (EU) 2017/625 and to the tasks of courts, prosecutors and other designated bodies are carried out in the GIJHARS laboratories on written request; the requester reimburses the costs (except courts and prosecutors in cases concerning the offence under Article 39k). The Chief Inspector states the amount within 7 days of the request and sends the results no later than 14 days after proof of payment; the level of costs will be set by a ministerial regulation.
- The amendment also extends border controls on food from outside the EU to products so far not subject to mandatory commercial quality control, allows control of food information beyond the label (websites, online shops, advertising) with orders to correct it, and the “Poznaj Dobrą Żywność” quality mark may only be used after a decision of the agriculture minister (with a two-year transition period).