In April 2026, a draft amendment to the Food Safety and Nutrition Act was published. The draft is currently undergoing the legislative process and may significantly impact businesses operating in the food sector, particularly manufacturers and distributors of food supplements.
The primary objective of the amendment is to align Polish legislation with EU law, particularly Regulation (EU) 2017/625 on official controls, implement Directive (EU) 2024/2839 regarding reporting obligations, and streamline procedures in response to the dynamic growth of the dietary supplement market. The scale of the dietary supplement sector is one of the main legislative drivers behind the proposed changes, with the number of notifications submitted to the Chief Sanitary Inspectorate (GIS) already reaching tens of thousands.
Key Changes for Businesses
- New Rules for Notifications to GIS
The draft introduces significant changes to the procedure for notifying products to the Chief Sanitary Inspector.
• Elimination of notifications concerning the “intention to place” a product on the market, leaving only the obligation to notify the actual placing of a product on the market;
• Exemption of certain products from the notification requirement, including, among others, foods subject to mandatory fortification;
• Full digitalization of the procedure – notifications will be submitted exclusively through the e-Sanepid (SEPIS) platform using a qualified electronic signature or a trusted profile.
- Change in the Nature of Proceedings Before GIS
GIS explanatory proceedings will no longer be governed by the provisions of the Administrative Procedure Code. A notification will be treated as a material-technical act rather than a traditional administrative application. This change limits the standard procedural safeguards known under the Administrative Procedure Code and requires businesses to adapt their strategy when dealing with disputes involving the authority.
- New Obligations and Deadlines During Proceedings
The draft introduces specific deadlines and sanctions, including:
• 14 days to request an opinion from a scientific institution or from the President of the Office for Registration of Medicinal Products;
• 6 months to provide an opinion, with the possibility of extending this period to 12 months;
• Failure to act within the prescribed timeframe will result in a presumption that the product is non-compliant.
Additionally, until the proceedings are concluded, a business will not be permitted to submit a new notification for a product with the same composition.
- Expansion of the SEPIS System and Increased Transparency
The draft provides for the further development of the e-Sanepid (SEPIS) system through the maintenance of a register of products notified to GIS and the publication of selected product information (excluding certain sensitive data). The objective is to increase market transparency and improve authorities’ access to information.
- Higher Financial Penalties
The draft amendment proposes an increase in penalties for violations, particularly those related to the advertising and presentation of food supplements, while also adjusting sanctions to reflect the scale of operations of larger entities. Under the proposed changes, the maximum financial penalty would increase from the current level of 30 times the average monthly salary to 100 times the average monthly salary in the national economy.
In practice, the draft amendment represents one of the most significant developments in food law in recent years. On the one hand, it simplifies and digitalizes procedures; on the other, it substantially strengthens the supervisory powers of regulatory authorities and imposes stricter compliance requirements on businesses.
At this stage, companies should review the proposed provisions and begin preparing for their implementation, particularly with regard to notification procedures, product documentation, and overall regulatory strategy.