On December 3, 2025, the Polish Parliament hosted the third meeting of the Parliamentary Team for Functional Food and Nutrition, dedicated to regulatory issues related to the process of introducing products to the market and the practical application of administrative regulations in the operations of innovative businesses.
The meeting gathered numerous experts, representatives of public administration, and industry leaders. One of the key highlights was the presentation by Attorney Joanna Uchańska, partner at AJ LAW, who delivered the second part of her original study titled:
“Market Introduction – The Code of Administrative Procedure as a Tool for Protection or an Opportunity for Innovation.”
In her presentation, Joanna Uchańska provided an in-depth analysis of the latest administrative court rulings in cases she personally handled, focusing on the role of the Code of Administrative Procedure (KPA) as a cornerstone for safeguarding entrepreneurs’ rights. She emphasized that although letters issued by the Chief Sanitary Inspector (GIS) regarding the outcome of proceedings do not take the form of administrative decisions, they are considered other acts of public administration which — if they affect the rights or obligations of an entity — are subject to judicial review. She also highlighted that, in practice, GIS communications can have far-reaching consequences, directly determining whether a product can be legally placed on the market.
A key part of the presentation was the discussion on the principle of applying KPA provisions directly in proceedings conducted under the Food and Nutrition Safety Act. According to prevailing case law, the authority cannot limit itself to analyzing documents submitted by the entrepreneur but is obliged to undertake independent evidentiary actions in accordance with Articles 7, 77, and 80 of KPA. This means thoroughly clarifying the facts, collecting evidence diligently, and basing decisions on expert evaluation of scientific data.
Joanna Uchańska pointed out that in many cases, proper product qualification requires specialized knowledge beyond the general competencies of supervisory authorities. Therefore — as courts emphasize — GIS should use instruments provided under Article 31 of the Food and Nutrition Safety Act, such as opinions from scientific institutions, expert reports, or additional consultations. Importantly, any differing position of the authority compared to an expert opinion cannot rely solely on an internal interpretation but must be supported by equivalent specialized knowledge.
In conclusion, the presentation stressed that proper application of KPA is not merely an administrative formality but serves as a real guarantee for entrepreneurs — securing their rights, ensuring fair proceedings, and enabling the development of innovative products through a transparent, substantive evaluation process. According to recent case law, only comprehensive, transparent, and expertise-based proceedings allow authorities to effectively verify product qualification and safety without stifling market innovation.
Joanna Uchańska’s speech attracted significant interest among participants and sparked further discussion on the need to streamline administrative procedures and their role in shaping a safe yet innovation-friendly environment.
We are proud of AJ LAW’s involvement in such important legislative initiatives and cooperation with Parliament. It is a great satisfaction for us to support businesses in the law-making process, sharing knowledge and experience that truly influence regulatory frameworks. Our engagement in consultations and legislative work is not just a duty but a mission — helping create regulations that meet market needs and protect entrepreneurs’ interests.
Additionally, if you have any issues or questions related to clarification proceedings before the Chief Sanitary Inspector (GIS) or the sanitary inspection, feel free to contact us. Thanks to our experience and understanding of administrative practice, we can help resolve such matters efficiently, minimizing risk and accelerating the process.
The full recording of the meeting is available at:
https://www.sejm.gov.pl/sejm10.nsf/agent.xsp?symbol=POSIEDZENIAZESP&Zesp=1172