Odpowiedzialność za produkt żywnościowy w polskim systemie prawnym

Abstract

A precise definition of the principles and basis of the food product liability is included in an unusually broad scope of the food safety subject matter. Having regard to the whole set of Polish legal tools for food safety, the reader’s attention was focused on civil-legal aspects of producer’s liability for harm caused by food product’s defect. The idea of the article, however, was not exclusively a detailed legal analysis of Polish legal solutions within this subject matter, but mainly an attempt to interpret these regulations which arouse most doubts in the Polish practice, especially from the point of view of their compliance with the Community regulations. The legal harmonization is undoubtedly of crucial importance in this sphere. It needs emphasizing that the majority of essential legal issues related to the subject matter of food safety as formulated in the Community law has been reflected in the Polish legislation. Currently this subject matter is regulated on the Polish legal area by the act of 25August 2006 about the safety of food and feeding. It can be claimed, however, that the regulation of the liability for harm caused by unsafe product (comprising also the notions of agricultural produce and food product) in the Polish legislation complies with the requirements of the Community law. The shortcomings pointed out in the course of considerations absolutely do not allow to conclude that the objective of harmonization has not been achieved. This does not eliminate, however, the necessity to bring about changes postulated in the course of legislative considerations. In the Polish doctrine it is stressed that from theoretical, dogmatic point of view especially the new regime of liability for unsafe product (comprising agricultural produce and food product) should constitute a facilitation for claims to be made by the harmed person. It will, however, be the judicial practice which will decide about its legal efficiency.