Food & agriculture
In 90's DKP attorneys actively participated in privatization and transformation of Polish food and agriculture sector. That events initiated our deep specialization and experience that now reaches 30 years of providing services to important market players in food industry.
Food Law practice is headed by Barrister Michal Dudkowiak – World Bank Expert regarding regulatory aspects of Polish Food and Agriculture Industry, advisor to number of food sector associations regarding new regulations in agricultural and food law, author of legal opinions addressed to Polish Government and European Commission.
DKP for almost three decades is particularly recognized for providing legal services to food industry companies mainly in respect to M&A transactions and for day to day food law advisory.
We have negotiated and advised in number of acquisitions in various food sectors, incl. hatcheries, meat processing plants, fruit processing plants, collection and freezing companies, beverages production plants.
Regulatory advisory regarding food law in Poland
- Advisory regarding products safety and quality requirements in Poland,
- Advisory regarding ingredient’s requirements,
- Advisory regarding production requirements and procedures,
- Advisory regarding regulatory requirements of diet supplements.
Food law inspections, audits and controls
- We represent in inspections, audits and controls of various authorities, incl.:
- Commercial Inspection,
- Sanitary Inspection,
- Consumer Protection Authority and others,
- We draft and submit post-inspection, remarks, defenses and objection
Administrative procedures and penalties
- We represent in administrative procedures, incl. regarding penalties for food law infringements, withdrawal of food products from market, etc.
- We file appeals against administrative decision regarding food and agriculture products,
- We draft and submit complaints and appeals in judicial reviews in front of:
- local administrative courts, and
- Supreme Administrative Court in Warsaw.
Contractual advantage in food and agriculture
- We advice regarding practices which could be considered as unfair use of contractual advantage in trade with food and agricultural products,
- We advise regarding payment terms and payment conditions for purchase of sale of food or agricultural products,
- We represent clients in front of Competition Authority:
- in dawn raids and inspections related to unfair use of contractual advantage in trade with agricultural products,
- in penalty procedures regarding infringements of act of combating unfair use of contractual advantage in trade with agricultural products.
Marketing and labeling of food products
- We advise regarding marketing and labeling requirements of food products,
- We advise regarding advertising campaigns of food products,
- We negotiate terms of advertising with media agencies,
- We draft T&C of marketing campaigns.
Contracts in food and agriculture
- We advise and draft contracts in accordance with EU and Polish regulatory requirements, incl.:
- cultivation contacts,
- breeding contacts,
- sale / purchase of agricultural products,
- delivery, storage, insurance,
- We advise and introduce procedures and contract templates in raw material purchasing plants,
- We draft contract and license agreements regarding food related Intellectual Property.
Trade, Import, Export of food products
- We advise regarding trade, import and export limitation,
- We advise and represent in tariff quotas applications,
- We represent client before Customs Authorities
Government and Legislative
- We prepare opinions regarding recent and planned regulations in food law and instruction of food associations, public authorities and EU authorities,
- We represent food related associations in consultations and negotiations of new legislations, as well as, in disputes with associations of farmers,
- We prepare draft of new regulations, and draft amendments to recent legal regulation.
- Civil claims for
- We represent regarding civil claims and claims for damages related to food producrs