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Contemporary Issues in Agricultural and Food Law [II] Cover Image

Współczesne problemy prawa rolnego i żywnościowego [II]
Contemporary Issues in Agricultural and Food Law [II]

Contributor(s): Dorota Łobos-Kotowska (Editor), Paweł Gała (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: agricultural law; food law
Summary/Abstract: The book „Contemporary Issues in Agricultural and Food Law II” is a collection of selected papers which were presented during the second national conference of the same title, which took place at the University of Silesia in Katowice. The articles refer to both classical agricultural law, which regulates the use of agricultural land and contemporary issues connected with environmental protection of rural areas, supporting the development of rural areas and food safety and consumer protection policy. The publication consists of two parts, each dedicated to a different theme: agricultural law and food law. The publication is addressed to practitioners, students and others interested in the subject.

  • E-ISBN-13: 978-83-226-4118-7
  • Page Count: 244
  • Publication Year: 2022
  • Language: Polish
Działalność tradycyjna kół gospodyń wiejskich jako forma partycypacji społecznej

Działalność tradycyjna kół gospodyń wiejskich jako forma partycypacji społecznej
(Traditional activity of Rural Housewives’ Clubs as a form of social participation)

  • Author(s):Małgorzata Ewelina Szymańska
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Business Economy / Management, Civil Law, Culture and social structure , Rural and urban sociology, Economic development, Law on Economics, EU-Legislation
  • Page Range:11-23
  • No. of Pages:13
  • Keywords:the farmer’s wives’ association; business development; cultural heritage; social participation
  • Summary/Abstract:Cultural heritage is a part of the economy that should be successfully used. Traditional food products are becoming a kind of investment for local communities and an incentive to achieve socio-economic benefits. They are part of the heritage, and given the changing trends and the growing demand for local food products, they can contribute to the development of entrepreneurship. Every economic initiative starts with an idea and a resource on which ideas can be developed. All these classic elements of entrepreneurship work the same for products created on the basis of the local food product heritage. The development of entrepreneurship inspired by the heritage of the local food product makes it possible to implement especially those undertakings whose idea is based on locality, neighborhood, ecology, nature, social authenticity and corporate responsibility. This is the opportunity to create something unique, different from the competitors’ offer. The combination of traditional products with modern methods of processing, presentation and sales creates an innovative, highly competitive product. Products of local food heritage create a new clientele among tourists who are more and more aware consumers and residents who want to identify with the place of origin or residence.
Uwagi de lege ferenda o ujednoliceniu przepisów i kodyfikacji prawa rolnego

Uwagi de lege ferenda o ujednoliceniu przepisów i kodyfikacji prawa rolnego
(Uniformisation and codification of agriculture regulations in scope of de lege ferenda assumptions)

  • Author(s):Karol Mierzyński
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation, Administrative Law
  • Page Range:25-39
  • No. of Pages:15
  • Keywords:administrative law; agricultural law; agriculture code draft; civil law; code
  • Summary/Abstract:The main premise of this article is to present attempts of uniformisation and codification, pertaining Polish agriculture law. In this essay shall be covered historical efforts of agricultural law systemisation. First and foremost example of such uniformisation ought to be mentioned draft ventured by Władysław Leopold Jaworski titled “Agriculture code”. Moreover a post-war attempt, endeavoured by Interdepartamental Comitee of agricultural law uniformisation, intended to address myriad of regulations in one, uniform legal regulation. The following segment of article is based on theoritical opinions, pertaining uniformisation of agriculture law. Despite of double nature of Polish agriculture law, which combines substantial administrative law and civil law, as major denominator within agricultural law, the theoretical views upon uniformisation, sees them as unfeasible. Owing to still aggregating administrative aspect of agricultural law, whilst remaining inseperably bound to civil law foundations, agricultural law seems to be beyond any crucial uniformisation, however in greater extend of legal regulations, undoubtedly sourcing from agricultural law.
Art. 2b ustawy o kształtowaniu ustroju rolnego – wybrane zagadnienia i problemy

Art. 2b ustawy o kształtowaniu ustroju rolnego – wybrane zagadnienia i problemy
(Article 2b of Act of 11 April 2003 on Formation of Agricultural System – analysis of selected problems and issues)

  • Author(s):Jakub Hełka
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:41-55
  • No. of Pages:15
  • Keywords:agricultural real estates; individual farmer; farm; restrictions
  • Summary/Abstract:The aim of this article is to prove the problems of article 2b of Act of 11 April 2003 on Formation of Agricultural System. Author analyzes legislative process, and then compliance of those regulations with constitution and European Union law. Then author analyzes problems of using this article in practice – its material and temporal scope. Then author also analyses article’s exemptions.In conclusion, author includes his opinion about validity of those regulations and its impacts on economical and agricultural situation in Poland.
Zmiana przeznaczenia gruntów rolnych oraz wyłączenie z produkcji rolnej

Zmiana przeznaczenia gruntów rolnych oraz wyłączenie z produkcji rolnej
(Change of farmland designation for nonagricultural goals and exclusion of land from agricultural production)

  • Author(s):Grzegorz Zębik
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:57-70
  • No. of Pages:14
  • Keywords:agriculture conservation; change of farmland designation for nonagricultural goals; exclusion of land from agricultural production; land planning designation; farmland
  • Summary/Abstract:Agriculture conservation system in Poland limits possibility of utilization of farmlands for nonagricultural purposes. According to Farm and Woodland Conservation Act before changing character of farmland it is necessary to obtain permission to change of farmland designation for nonagricultural goals and exclusion of land from agricultural production. Main focus of this article is primarily to explain above mentioned procedures and create a guide for them. Furthermore this article would also address an issue of farmland conversation range.
Dopłaty do oprocentowania kredytu restrukturyzacyjnego udzielane przez Agencję Restrukturyzacji i Modernizacji Rolnictwa jako jeden z trybów restrukturyzacji zadłużenia podmiotu prowadzącego gospodarstwo rolne

Dopłaty do oprocentowania kredytu restrukturyzacyjnego udzielane przez Agencję Restrukturyzacji i Modernizacji Rolnictwa jako jeden z trybów restrukturyzacji zadłużenia podmiotu prowadzącego gospodarstwo rolne
(Subsidies for the interest rate on the restructuring loan granted by the Agency for Restructuring and Modernization of Agriculture as one of the ways of restructuring the farmer’s debt)

  • Author(s):Adrian Jaworski
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Public Administration, Law on Economics, Fiscal Politics / Budgeting, EU-Legislation
  • Page Range:71-86
  • No. of Pages:16
  • Keywords:farm; restructuring; Agency of Restructuring and Modernisation; lending rate
  • Summary/Abstract:The aim of the article is to present one of the ways of restructuring the indebtedness of agricultural holdings by granting an interest subsidy on a restructuring loan by the Agency for Restructuring and Modernisation of Agriculture. This is a new solution introduced to the Polish legal order by the Act of 9 November 2018 on debt restructuring of entities running an agricultural holding. The author first discusses general issues related to the constitutional foundations of the agricultural system and the system of the Agency for Restructuring and Modernisation of Agriculture. Next, author moves on to assess the motives of the legislator, introducing the Act on Debt Restructuring of Farm Operators, and then discusses the legal problem of public aid granted by the ARMA. The work ends with a summary and conclusions de lege ferenda.
Rola organów stanowiących jednostki samorządu terytorialnego w kształtowaniu polityki rozwoju obszarów wiejskich i rolnictwa

Rola organów stanowiących jednostki samorządu terytorialnego w kształtowaniu polityki rozwoju obszarów wiejskich i rolnictwa
(The role of organs constituting local government units in shaping the policy of rural development and agriculture)

  • Author(s):Magdalena Krzysztofik-Pelka
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Government/Political systems, Rural and urban sociology, Law on Economics, EU-Legislation
  • Page Range:87-103
  • No. of Pages:17
  • Keywords:local government units; rural areas; agriculture
  • Summary/Abstract:The history of Polish and European rural development policy and agriculture indicates that rural development is gradual, requires a lot of commitment and time. The constitutive bodies of local government units have a great importance in shaping this policy. Their tasks of rural development and agriculture are of a diverse nature, which results from the systemic position of the organs and the scope of their activity. These are tasks related to, among others with the implementation of local tax policy in rural areas, shaping the beekeeping sector or supporting the local economy of rural areas. In addition, the activities undertaken for the development of rural areas in Poland by the authorities constituting municipalities and provinces are complementary to each other. The commune council directly influences the situation of a member of a small rural community. However, the voivodship parliament is involved in creating a uniform rural policy in all rural areas of the whole country.
Ubezpieczenia majątkowe w rolnictwie – konieczność czy przywilej

Ubezpieczenia majątkowe w rolnictwie – konieczność czy przywilej
(Property insurance in agriculture – necessity or privilege)

  • Author(s):Ewa Gryczyńska
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:105-116
  • No. of Pages:12
  • Keywords:insurer; policyholder; injured party; farmer; Civil Liability Insurance
  • Summary/Abstract:The purpose of my deliberations is to draw the attention to the critical role of property insurance in agriculture. Risk reduction and consequently greater financial stability allows more efficient use of the available funds and development of farms, increasing their innovation. Farmers omission to buy insurance and the application of passive risk reduction forms, including collection of financial reserves or avoiding obligations contracted in the form of credits, has a negative effect on agriculture. Agriculture is a type of operations of natural persons bearing a higher degree of risk. It is caused by the specific nature of agricultural production which is exposed to a number of unfavorable factors: biological, technological, price risk as well as weather or climatic conditions, which, in the era of global warming, are stronger and more frequent. A farmer is often unable to prevent the effect of events prevailing in this area of the economy. Property insurance is a broad notion, its scope includes asset insurance and civil liability insurance. There are three types of mandatory insurance. I will thus attempt to look at the balance of profits and losses concerning the decision to conclude an insurance contract in the context of the legal regulations, among others, cultivation insurance subsidies. I will determine whether insurance is a necessity or privilege, or perhaps both a necessity and a privilege.
Restrukturyzacja zadłużenia podmiotów prowadzących gospodarstwo rolne jako systemowy element ochrony i wsparcia działalności rolniczej

Restrukturyzacja zadłużenia podmiotów prowadzących gospodarstwo rolne jako systemowy element ochrony i wsparcia działalności rolniczej
(Debt restructuring of entities running a farm as a systemic element of protection and support of agricultural activity)

  • Author(s):Kamil Barc
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:117-126
  • No. of Pages:10
  • Keywords:preemption structuring; agricultural production; debt assumption; agricultural properties
  • Summary/Abstract:The subject of the article focuses around analysis of new solutions in the field of restructuring debts resulting from agricultural activity. At the beginning of the article, the author distinguishes the rules which are in the legislation. In the latter part, he carries out a thorough analysis and critical assessment of the newly introduced laws concerning the debt assessment from the debt owner and transferring it to the KOWR. While the author appreciates the reaction of the legislator, he also notices some loopholes in the proposed solutions and puts forward his own regulations to complement them and make their interpretation easier when applying them.
Winkulacja ustawowa w spółkach akcyjnych prawa rolnego

Winkulacja ustawowa w spółkach akcyjnych prawa rolnego
(Legal restriction of the acquisition of shares of companies which are holders of lands)

  • Author(s):Klaudia Raczek
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Politics and law, Law on Economics, EU-Legislation
  • Page Range:127-137
  • No. of Pages:11
  • Keywords:agricultural policy law; lands; joint-stock company; sales of shares; land grabbing
  • Summary/Abstract:The article attempts to shed light on agricultural policy law according to sales of the shares of joint-stock companies which are holders of lands. Free movement of capital and free markets should always be guaranteed, because of being a guiding principle in establishing democracy. Whereas whole freedoms needed to be limited ahead of potential conflicts between another goods. Land transitions and protecting empowers Sates to set restrictions if only they have been empowered in public interest ex. prevent speculations and land grabbing. Notwithstanding these current regulations which is in force in Poland shouldn’t gain a land policy which is protecting a land.
Zbycie udziału w spółce z ograniczoną odpowiedzialnością a uprawnienia KOWR

Zbycie udziału w spółce z ograniczoną odpowiedzialnością a uprawnienia KOWR
(Transfer of shares in a limited liability company and the KOWR’ rights)

  • Author(s):Jakub Zamojski
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:139-151
  • No. of Pages:13
  • Keywords:capital company; share; limited liability company; transfer of shares; contract; joint and several liability; right of pre-emption; legal act; agricultural real estate
  • Summary/Abstract:The article presents in a systematic way the provisions concerning the disposal of shares in a limited liability company in accordance with the provisions of the Code of Commercial Companies as well as presents contractual ways to protect the company against the disposal of shares by its shareholders. The paper also discusses the problem of joint and several liability in case of sale of shares and the situation when a limited liability company is the owner of agricultural property and a shareholder decides to sell his share. The article then presents the practical implementation of the right of pre-emption vested in the National Agricultural Support Centre and describes cases in which the National Agricultural Support Centre is not entitled to the right of pre-emption. Then, the procedure enabling the National Agricultural Support Centre to exercise its pre-emptive right is presented together with an analysis of legal requirements. Finally, the article presents legal consequences of a breach of the Act on shaping of the agricultural system.
Umowa o pomocy przy zbiorach – uwarunkowania prawne i ekonomiczne

Umowa o pomocy przy zbiorach – uwarunkowania prawne i ekonomiczne
(Contract for aid at harvest – legal and economic conditions)

  • Author(s):Tomasz Bąk
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Rural and urban sociology, Law on Economics, Fiscal Politics / Budgeting, EU-Legislation
  • Page Range:153-165
  • No. of Pages:13
  • Keywords:agricultural law; civil law; contract for aid at harvest; agriculture; social insurance of farmers; taxes
  • Summary/Abstract:In connection with the amendment of the Act on social insurance of farmers, which entered into force on May 18, 2018, a new civil law agreement was introduced to the national legal system – the agreement on harvest assistance. This agreement was to be the legislator’s response to voices coming from widely understood agricultural circles, speaking about the need to create such a contract, the specificity of which would correspond to seasonal work carried out on farms and at the same time ensure the safety of two parties to the contract – the farmer and the assistant. In this article the author presents legal aspects of the new contract in agriculture, as well as, in as synthetic manner as possible, the arguments in favour of and against the legal, tax and insurance solutions that accompany it. The study verifies the usefulness of the new contract in agricultural activity, including its suitability for the realities of the agricultural market in Poland and the expectations of those most interested in it – farmers themselves. One should not lose sight of the fact that in practice the contract is often signed by two parties, where one of them is a citizen of the Republic of Poland and the other a foreigner. This fact raises many theoretical questions, especially in the context of income taxes and the problem of double taxation.
Produkt z pogranicza vs środek spożywczy. Zagadnienia klasyfikacyjne

Produkt z pogranicza vs środek spożywczy. Zagadnienia klasyfikacyjne
(Borderline product vs foodstuff. Classification issues)

  • Author(s):Monika Łata
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:169-187
  • No. of Pages:19
  • Keywords:food law; food; foodstuff; borderline products; classification
  • Summary/Abstract:Sometimes it may be unclear whether a particular product is a food (foodstuff) under food legislation or whether it falls under other sectorial legislation. In the case of these „borderline products”, the decision on a product’s classification must be taken on a case-by-case basis. In the article there is an analysis of classification issues as well as it attempted to answer the question of „what shall we do with borderline products?”. The author considers most of all judgments of the Court of Justice and polish courts in the context of European Union food law, Polish food law and Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (and polish pharmaceutical law).
„Może zawierać…” – o niezamierzonej obecności alergenów w żywności słów kilka

„Może zawierać…” – o niezamierzonej obecności alergenów w żywności słów kilka
(„May contain…” – a few words on the unintentional presence of allergens in food)

  • Author(s):Aneta Bąk
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:189-202
  • No. of Pages:14
  • Keywords:food labelling; allergens; unintentional allergens in food; voluntary information; label; food allergy; traces
  • Summary/Abstract:According to the World Allergy Organization (WAO), there are more than 240 million people living with a food allergy worldwide. As this number is constantly increasing, it is essential to provide consumers with clear and not misleading information on the characteristics of the foodstuffs on the market, enabling them to make informed choices and consume safely. The aim of this study is providing consumers with voluntary information on the unintended presence of allergens and intolerant substances in food by means of the term ‘may contain…’ and similar. It is all the more important that despite almost 8 years of Regulation 1169/2011 being in force, this issue still remains vague, raising further doubts as to the correctness and effectiveness of the solutions. The article brings closer the current state of the regulations on consumer information about the possible presence of allergens in food and their impact on the possible designation of a food product as dangerous within the meaning of Article 14 of General Food Law. The presentation takes into account the previous views of the doctrine on the issue of voluntary food labelling, changes that have taken place in practice within the presented issue as well as the arguments accompanying individual food law entities. Moreover, the solutions proposed so far with regard to the use of the term “may contain…” and their impact on consumers’ health protection will be verified.
Wymogi prawne w zakresie informacji na temat żywności dla niemowląt i małych dzieci ze szczególnym uwzględnieniem reklamy

Wymogi prawne w zakresie informacji na temat żywności dla niemowląt i małych dzieci ze szczególnym uwzględnieniem reklamy
(Legal requirements for food information on food for infants and young children with particular emphasis on advertising)

  • Author(s):Marta Łanoch
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:203-213
  • No. of Pages:11
  • Keywords:food information; food advertising; food for children
  • Summary/Abstract:Food for infants and young children is a category of food that requires specific regulation in terms of its safety, quality, as well as labeling and advertising. The creation of appropriate legal regulations regarding the provision of information on food for infants and young children is important because the group of recipients of this information requires exceptional protection. This task creates considerable problems because this group is heterogeneous. The recipient of the information may be a parent, doctor, pharmacist or the child himself. With this in mind, it is extremely important to construct appropriate legal regulations that will not create opportunities to circumvent them, so that they meet the purpose for which they were established.
Prawne problemy suplementów diety, ich kontroli i wprowadzania do obrotu

Prawne problemy suplementów diety, ich kontroli i wprowadzania do obrotu
(Legal problems of dietary supplements, their control, and introduction to the market)

  • Author(s):Przemysław Chmielowski
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Government/Political systems, Law on Economics, EU-Legislation
  • Page Range:215-226
  • No. of Pages:12
  • Keywords:dietary supplements; Supreme Chamber of Control; control
  • Summary/Abstract:Dietary supplements are becoming increasingly popular and often enjoy unlimited consumer confidence. On the other hand, the production and trade of these products creates a rapidly developing market worth billions of PLN. In my paper, starting from the origins of legal regulations, through the definition of dietary supplements. I present current problems in this field. I draw attention, in particular, to the most important aspects, such as labelling, advertising, the manner in which the dietary supplements are introduced to the market, and the composition of these supplements and its control. Each of these areas raises doubts and controversies, and loopholes in legal regulations create scope for numerous abuses that may threaten consumers. An important element of the paper is the analysis of the results of the audit carried out by the Supreme Chamber of Control and the solutions proposed by it.
Ewolucja europejskiej regulacji prawnej w zakresie upraw GMO

Ewolucja europejskiej regulacji prawnej w zakresie upraw GMO
(The evolution of the EU legislation in the field of cultivation of GMOs)

  • Author(s):Anna Maria Rizzo
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
  • Page Range:227-241
  • No. of Pages:15
  • Keywords:GMO; agricultural law; EU law; agriculture; cultivation
  • Summary/Abstract:The scope of this article is to present the fundamental review of European Union legislation in reference to the implementation of genetically modified organisms (GMO) in cultivation. The research described in this article covers the analysis of EU directives in recent years and general policy regarding the application of GMOs. This analysis aims to isolate and understand the direction in which legislative works are headed in agriculture development. The overall analysis of European Union legislation reveals that it is somewhat reluctant when it comes to applying GMO technology, even though the global research has shown many positive effects that it could have on agriculture. When analyzed, the situation of law and GMOs seems to be stagnant for a long time.
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