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Contemporary Issues in Agricultural and Food Law Cover Image
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Współczesne problemy prawa rolnego i żywnościowego
Contemporary Issues in Agricultural and Food Law

Contributor(s): Dorota Łobos-Kotowska (Editor)
Subject(s): Economy, Law, Constitution, Jurisprudence, Agriculture, Law on Economics
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: agricultural law; food law

Series: Prawo

  • E-ISBN-13: 978-83-226-3762-3
  • Print-ISBN-13: 978-83-226-3761-6
  • Page Count: 294
  • Publication Year: 2019
  • Language: Polish
Znowelizowana ustawa o kształtowaniu ustroju rolnego w orzecznictwie sądowym

Znowelizowana ustawa o kształtowaniu ustroju rolnego w orzecznictwie sądowym
(The amended act on shaping the agricultural system in court rulings)

  • Author(s):Martyna Komarowska-Horosz
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:11-24
  • No. of Pages:14
  • Keywords:Act on Shaping of Agricultural System; agricultural real estate; agricultural real estate trading;judicial decisions;
  • Summary/Abstract:The amendment to the Act on shaping the agricultural system has led to a significant modification of trade in agricultural real estate. New tasks and competences have been assigned to common and administrative courts. Common courts obtained, among others, competence in granting consent to withdraw from the performance of obligations arising from the acquisition of agricultural real estate. Administrative courts are entitled to control the decision of the minister competent for rural development, acting as a higher body in relation to decisions issued by the President of the National Center for Agricultural Support in the subject of issuing a permit to purchase an agricultural real estate. The purpose of this article is to indicate the most important areas of regulation of the amended Act on shaping the agricultural system, analyzed by courts, and to emphasize the role of judicature in the interpretation of unclear provisions of this legal act.
  • Price: 4.50 €
Zasada prawidłowej gospodarki rolnej jako pozytywna przesłanka zniesienia współwłasności gospodarstwa rolnego

Zasada prawidłowej gospodarki rolnej jako pozytywna przesłanka zniesienia współwłasności gospodarstwa rolnego
(The principle of correct agricultural economy as a positive premise for the abolition of co-ownership of an agricultural holding)

  • Author(s):Adrian Jaworski
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:25-43
  • No. of Pages:19
  • Keywords:Farmstead; co-ownership; dissolution of co-ownership; correct agricultural economy
  • Summary/Abstract:The aim of the article is to present the content of the principle of proper agricultural management in the Polish legal order. This principle includes the abolition of joint co-ownership of an agricultural holding in court proceedings, therefore the content of the article discusses issues concerning the farm and agricultural land, as well as the co-ownership of property and asset.Th e content of the principle of proper agricultural management has been shaped to a large extent by the case law of the common courts and the Supreme Court. The article presents and discusses the changing jurisprudence line from the 1960s to the present. The principle of proper agricultural economy includes social content understood as the protection of the farmer’s and his family’s life as well as economic, which requires the separation of competitive farms on the domestic and foreign market.
  • Price: 4.50 €
Ograniczenia w obrocie nieruchomościami rolnymi w Polsce i ich wpływ na sektor inwestycyjny

Ograniczenia w obrocie nieruchomościami rolnymi w Polsce i ich wpływ na sektor inwestycyjny
(Restrictions in trading of agricultural property in Poland and their impact on the investment sector)

  • Author(s):Ewa Malcherczyk
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:45-58
  • No. of Pages:14
  • Keywords:agricultural property; agricultural system; trading; management of agricultural property stock of the state treasury
  • Summary/Abstract:The trading of agricultural properties in Poland is determined by legal, economic and social factors. The article examines the problem of legal factors and the importance of National Center for Agricultural Support, which has exclusive right of management of agricultural property stock of the state treasury. The analysis covers land trading defined in narrow scope, taking into consideration the market and non-market transaction conducted by private and public subjects.
  • Price: 4.50 €
Nabywanie nieruchomości rolnych przez cudzoziemców Zezwolenie i zgoda – problem podwójnej regulacji

Nabywanie nieruchomości rolnych przez cudzoziemców Zezwolenie i zgoda – problem podwójnej regulacji
(Acquisition of agricultural land by foreigners Permission and acceptance – the problem of double regulation)

  • Author(s):Izabela Wereśniak-Masri
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:59-71
  • No. of Pages:13
  • Keywords:agricultural system; agricultural land; acquisition of real estate; limitations; foreigner; individual farmer; family farm; administrative procedure; permission;acceptance;
  • Summary/Abstract:The aim of the article is to give an analysis of law regulation concerning the acquisition of agricultural land by foreigners in case of requirement of permission and acceptance for the purchase. The background of the analysis is the Polish law regulations concerning the Act on the Formation of Agricultural System and the Act on Acquisition of Real Estate by Foreigners. The analysis attempts to describe the problems of procedure and those of systematic nature, which result from the lack of coherence between these two regulations and also tries to address them.
  • Price: 4.50 €
Sytuacja prawna cudzoziemca-spadkobiercy nabywającego nieruchomość rolną położoną w Polsce w drodze sukcesji mortis causa

Sytuacja prawna cudzoziemca-spadkobiercy nabywającego nieruchomość rolną położoną w Polsce w drodze sukcesji mortis causa
(Legal situation of a foreigner who acquires an agricultural property in Poland by way of mortis causa succession)

  • Author(s):Monika Łata
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:73-91
  • No. of Pages:19
  • Keywords:agricultural system; agricultural real estate; acquisition of real estate; limitations; foreigner; succession;agricultural law;
  • Summary/Abstract:Legal situation of a foreigner that acquires an agricultural property in Poland by way of succession is not simple. It is governed by provisions of March 24, 1920 on the acquisition of real estate by foreigners as well as the act of April 11, 2003 on formation of the agricultural system. The article provides a critical analysis of provisions of the above-mentioned acts as well as attempts to answer the question on the purport of amendments made, constituting a regress in relation to the provisions applicable before 1996. Considerations reveal a negative impact of the analyzed acts on the legal situation of a foreigner-successor acquiring an agricultural property located in Poland. It is difficult to find justification for the sense of implemented regulations, particularly in relation to the right of succession. It shall be another evidence of doubts, which are raised by a casuistic method of regulation, which requires a multidimensional interpretation.
  • Price: 4.50 €
Obrót gruntami rolnymi w praktyce notarialnej

Obrót gruntami rolnymi w praktyce notarialnej
(Trade in agricultural land in notarial practice)

  • Author(s):Mateusz Mierkiewicz
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:93-103
  • No. of Pages:11
  • Keywords:agricultural land; notarial act; preemption; farmer; real estate trading
  • Summary/Abstract:Trade in agricultural land is a significant part of the activities performed by a notary public. A notary is obliged to exercise due diligence in the preparation of notarial deeds and to ensure the protection of the interests of both parties of the notarial activity. In the case of trade in agricultural real estate, a notary must pay attention to whether a given real estate is an agricultural property within the meaning of the Agricultural Act and whether it can be acquired only by an entity with the status of an individual farmer. It must also be kept in mind whether the right of pre-emption is updated in case of sale of a given property. In addition, the notary must receive appropriate statements from the parties, attach the required documents to the act and instruct the parties as to the legal consequences of the conclusion of the contract.
  • Price: 4.50 €
Obrót nieruchomościami rolnymi z udziałem spółek prawa handlowego

Obrót nieruchomościami rolnymi z udziałem spółek prawa handlowego
(Agricultural properties trading with participation of commercial law companies)

  • Author(s):Jakub Hełka
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:107-120
  • No. of Pages:16
  • Keywords:agricultural properties; commercial companies; agricultural law; agricultural activity; decision;preemption;
  • Summary/Abstract:Abstract: The aim of the present article is to analyse the problems of commercial law companies that are running agricultural activity, or are using agricultural properties in their activity. Current regulations impose restrictions on trading agricultural properties, which are especially severe for commercial law companies. The author of this article analyzes the process of purchasing agricultural properties by commercial companies, especially obtaining proper decisions. In the following part of the article, the author evaluates the powers of authorities to preemption shares and stocks in commercial law companies, and to repurchase agricultural properties. At the end the author summarizes the regulation and its influence on commercial law company.
  • Price: 4.50 €
Spółki prawa handlowego a działalność gospodarcza w rolnictwie

Spółki prawa handlowego a działalność gospodarcza w rolnictwie
(Commercial law companies and economic activity in agriculture)

  • Author(s):Michał Łabno, Tomasz Bąk
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:121-134
  • No. of Pages:14
  • Keywords:agricultural law; commercial law companies; business activity in agriculture; Code of Commercial Companies; commercial law; civil law; agricultural land;agricultural real estate;
  • Summary/Abstract:Due to the current law regulations commercial law companies are not a suitable form of running business in agriculture. It is confirmed by data which show that farmers do not run their farms in a business form. It is due to the fact that the current regulations do not meet the requirements of the specific industry which is the agricultural industry. Changes made by the legislator in terms of acquisition of agricultural property by commercial law companies do not encourage using this form of conducting business, either. According to current provisions, an acquisition of agricultural property is possible only after obtaining the permission from the General Director of the National Centre for Agricultural Support. The legislator, in accordance with the postulates raised by representatives of the doctrine as well as the farmers themselves, should meet their expectations and consider creating an agricultural company separate from other legal persons. Such a company should correspond with socio-economic relations taking place in the countryside.
  • Price: 4.50 €
Porównanie przedmiotów dwóch reżimów ochrony własności intelektualnej Wynalazek biotechnologiczny a odmiana roślin

Porównanie przedmiotów dwóch reżimów ochrony własności intelektualnej Wynalazek biotechnologiczny a odmiana roślin
(Comparison of the objects of two systems of intellectual property protection Biotechnological invention vs plant variety)

  • Author(s):Jan Gryza
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:135-148
  • No. of Pages:14
  • Keywords:intellectual property in agriculture; biotechnological invention; plant variety; plant variety rights; breeder’s right; patent
  • Summary/Abstract:The article focuses on a comparison of the objects of two systems of intellectual property protection – the system of patent law and the system of plant variety right. Firstly, social context of the creation of protection systems and the evolution of national and international legal rules are described. Then, characteristics of inventions, especially biotechnological invention and properties of a plant variety are compared. Finally, the problem of delimitation of a distinction between biotechnological inventions and a plant variety is discussed.
  • Price: 4.50 €
Projekt Kodeksu agrarnego W.L. Jaworskiego – wybrane aspekty

Projekt Kodeksu agrarnego W.L. Jaworskiego – wybrane aspekty
(Selected aspects of the W.L. Jaworski’s Agrarian Code draft)

  • Author(s):Patryk Kalinowski
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:149-162
  • No. of Pages:14
  • Keywords:the project of Agrarian Code (1928); codification of agricultural law; Władysław Leopold Jaworski (1865–1930); agricultural law reform; Polish agrarian law
  • Summary/Abstract:The Agrarian Code draft of 1928 written by W.L. Jaworski was one of the most dare and original concepts of Polish agricultural legislation ever. Unfortunately, it does not hold a significant position in the Polish doctrine of agricultural law to this day. The works of R. Budzinowski regarding the codification of agricultural law have not inspired so far to comprehensively comment this pre-war project. The limitations of this article do not allow for the comprehensive analysis to be prepared, either. Therefore, the article focuses on selected aspects of the Agrarian Code draft – selected assumptions and regulations of the draft (especially the substantive law part) and its reception by scholars and officials just after a few months following its publication (they were extreme – from enthusiastic to rejecting). The article’s summary is a recapitulation of the concept of W.L. Jaworski and reflection on its possible adoption for the theoretical work on the agricultural code in Poland, which is postulated by the Author of this article.
  • Price: 4.50 €
Wpływ dzierżawy na podmiotowość prawnopodatkową w podatku rolnym

Wpływ dzierżawy na podmiotowość prawnopodatkową w podatku rolnym
(Influence of leasing on tax and law subjectivity in agricultural tax)

  • Author(s):Grzegorz Zębik
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:163-172
  • No. of Pages:10
  • Keywords:agricultural tax; leasing; local tax; tax-payer
  • Summary/Abstract:Tax subject is one of the most important elements of any tax, necessary to carry on appropriate tax proceedings. A construction of tax and law subjectivity in agricultural tax is in a sense similar to that specified in other local taxes but differs in certain aspects. One exception typical to agricultural tax comes from article 3(3) of agricultural tax act which allows taxation of a lessee if right conditions are met. The purpose of the present article is a primary interpretation and explanation of the usage of the above-mentioned article. The author defines the concept of tax and law subjectivity, and also the concept of the taxpayer based on agricultural tax act. The notion of leasing and how it influences a tax subject in an agricultural tax is explained. The author focuses on the interpretation of article 3(3) of agricultural tax act and on indication of its usage based on legislation, judicature and theories included in source literature. The present article discusses legal state of April 2018, and it is based on dogmatic-empirical methodology.
  • Price: 4.50 €
Zwolnienie sprzedaży gospodarstwa rolnego z podatku od czynności cywilnoprawnych jako utracony dochód budżetu gminy

Zwolnienie sprzedaży gospodarstwa rolnego z podatku od czynności cywilnoprawnych jako utracony dochód budżetu gminy
(Exemption of the farm’s sale from tax on civil law actions as lost income of the commune budget)

  • Author(s):Magdalena Krzysztofik
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:173-188
  • No. of Pages:16
  • Keywords:agricultural holding; tax on civil law actions;budget of the commune;
  • Summary/Abstract:A unit of local government, such as the commune, should be in good financial condition to perform all duties imposed on it. The main source of the commune’s budget is its income, which are divide into including own income. Revenues from tax on civil law actions are part of its own income. In spite of the existing principle of the universality of taxation, a broad list of exemptions has been introduced in the Law of tax on civil law actions. One of them is the exemption from tax on civil law actions in the sale of a farm under statutory conditions. Despite the initial plans of the legislator involving the abandonment of this exemption, it was thoroughly revised in 2016. The amendment has ended the possibility of over-interpretation and abuse of exemption by entrepreneurs purchasing land for investment purposes on the one hand, and on the other hand by persons using agricultural land only for recreational purposes. The legislator, without abandoning, but only amending the discussed exemption, took into account the fact that one should strive to promote the agrarian structure, support farms and increase the area of agricultural production.
  • Price: 4.50 €
Novel food – nowe zasady wprowadzania innowacyjnej żywności do obrotu

Novel food – nowe zasady wprowadzania innowacyjnej żywności do obrotu
(Novel food – new rules for introducing innovative food to the food market)

  • Author(s):Joanna Boroń
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:191-204
  • No. of Pages:14
  • Keywords:novel food; innovative food; new food; food law; safety of food; UE food law
  • Summary/Abstract:The aim of this publication is to discuss the most important changes in the procedure of introducing innovative food to the food market, referred to as novel food in connection with the Regulation of the European Parliament and of the Council (EU) 2015/2283 of 25 November 2015 on novel foods, applicable from 1 January 2018. The new regulation replaced the provisions of the Regulation of the European Parliament and of the European Council (EC) No 258/97 of 27 January 1997 on novel foods and novel food ingredients, in which new food and the rules of introducing it to the food market were defined for the first time. The article discusses both the previous and updated novel food definition, presents differences between novel food and GMOs, then discusses the most important changes in the procedure of introducing innovative food to the food market, including information obligations and novel food labelling, and also presents issues related to the procedure of introducing traditional food from third countries to the food market in EU.
  • Price: 4.50 €
Prawne uwarunkowania trwałości środka spożywczego a przeciwdziałanie marnowaniu żywności

Prawne uwarunkowania trwałości środka spożywczego a przeciwdziałanie marnowaniu żywności
(Legal grounds of durability of food products and counteraction of food waste)

  • Author(s):Aneta Bąk
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:205-216
  • No. of Pages:12
  • Keywords:minimum durability date; food waste; „use by” date; food durability;food law;
  • Summary/Abstract:The aim of the article is to discuss legal aspects of food labelling with the durability date, its impact on the functioning of products on the market, as well as the effects in the form of a growing amount of food waste. Basing on the existing legal regulations, the author will analyze the basic differences between the date of minimal durability and “use by” date, which although significantly different, are often confused not only in the consumer turnover, but also by the legislator itself. In addition to the criteria for the use of the referenced signs and effects associated with the expiration of both dates, the author will show how their misapplication affects the phenomenon of food waste. A large part of the article is also an analysis of the proposed legislative changes, which in the author’s opinion are insufficient. They do not eliminate the problem of throwing out hundreds of tons of fully safe food after the end of the minimum durability date, although only the expiry of the validity period is associated with the need to withdraw food from the market, which has a direct impact on food safety and environmental protection.
  • Price: 4.50 €
Odpowiedzialność z tytułu wprowadzenia do obrotu zafałszowanej żywności ekologicznej

Odpowiedzialność z tytułu wprowadzenia do obrotu zafałszowanej żywności ekologicznej
(Responsibility for the marketing of adulterated organic food)

  • Author(s):Martyna Fusy-Talarczyk
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:217-234
  • No. of Pages:18
  • Keywords:organic food; eco; misleading;liability;
  • Summary/Abstract:The subject of this article is the assessment of compliance with the rules on the correct labelling of organic products and the effectiveness of the sanctions provided for the marketing of adulterated organic food. The rules for the labeling of organic products are contained in the Regulation (EU) 2018/848 of the European Parliament and of the Council of 30.5.2018 on organic production and labelling of organic products. The organic production logo of the European Union guarantees that the product meets certain requirements. The main objective of the EU logo is to make organic products easier to be identified by the consumers. Marketing adulterated organic food is threatened by sanctions provided on organic agriculture Act. The sanctions include fines and other measures. In conclusion, based on case law, the article contains deductions on the effectiveness and proportionality of the sanctions.
  • Price: 4.50 €
Dobra Praktyka Produkcyjna oraz Dobra Praktyka Higieniczna w świetle obowiązujących przepisów prawa

Dobra Praktyka Produkcyjna oraz Dobra Praktyka Higieniczna w świetle obowiązujących przepisów prawa
(Good Manufacturing Practice and Good Hygiene Practice in the light of the applicable law)

  • Author(s):Kamila Wołoska
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:235-247
  • No. of Pages:13
  • Keywords:GMP; GHP; Good Hygienic Practice; Good Manufacturing Practice; food safety;food safety management systems;
  • Summary/Abstract:A constantly growing awareness of the impact of food quality on human health and life contributes to the increase of importance of systems ensuring food safety. Food manufacturing and trading companies are obliged to apply the Good Manufacturing Practice (GMP), the Good Hygiene Practice (GHP) and the Hazard Analysis and Critical Control Points (HACC P). Their main objective is to ensure a high level of food safety. The rules of the Good Manufacturing Practice define the elements of manufacturing and inspection processes, guaranteeing the manufacturing of products that meet specific quality requirements. The Good Hygiene Practice rules are the basis for hygienic food manufacturing and describe the technical and sanitary conditions of food manufacturing. Even though the requirements of the Good Manufacturing Practice and the Good Hygiene Practice have been obligatory for many years, they are still a challenge for many entities along the food chain. The purpose of this article is to present legal regulations related to the GMP and the GHP. Furthermore, the article presents practical aspects, especially taking into account difficulties in applying good practices in companies manufacturing and processing agri-food products.
  • Price: 4.50 €
Żywność w gospodarce cyrkularnej

Żywność w gospodarce cyrkularnej
(Food in the circular economy)

  • Author(s):Joanna Dmowska
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:249- 262
  • No. of Pages:14
  • Keywords:circular economy; closed loop economy; linear economy; natural resources; food design; food production; food products; management of wastes; food wastes; catering wastes; municipal wastes; wasting of
  • Summary/Abstract:The circular economy means the closed loop economy. The assumption of circular economy is to maintain each food product in the economy for as long as possible, to minimize the generation of waste. The food product must be produced and consumed with a view to its further processing and utilizing the food waste in an effective and ecological way. Each stage of a food product’s life is equally important for its further use, since it affects the processes of obtaining secondary raw materials and the use of natural resources. The transition from a linear economy to a circular economy aims to create a sustainable, low-emission, resource-efficient and competitive economy. However, this transformation requires regulatory framework and appropriate tools that will allow, among other things, the implementation of constructive and practical solutions, both in the design and food production phase. These activities could result in the reduction of food waste, increase in the secondary raw materials base and -decrease in the amount of waste incinerated from food. The above is currently implemented through the European Union initiatives that create a new framework for the circular economy for each product. Poland’s response to the invitation to implement the idea of the circular economy are various horizontal actions and defining the most prominent areas for the development of this economic model. The most important, inter alia, are the bioeconomy and sustainable consumption, i.e. the use of food products in a way that minimizes the use of natural resources and waste production.
  • Price: 4.50 €
Oświadczenia żywieniowe i zdrowotne jako instrument ochrony interesów konsumentów

Oświadczenia żywieniowe i zdrowotne jako instrument ochrony interesów konsumentów
(Nutrition and health claims as an instrument to protect the interests of consumers)

  • Author(s):Jakub Pietrzak
  • Language:Polish
  • Subject(s):Language and Literature Studies
  • Page Range:263-276
  • No. of Pages:14
  • Keywords:food law; consumer law; European Union law; nutrition claims;health claims;
  • Summary/Abstract:The article aims to present selected elements of the nutrition and health claims, regulated in regulation 1924/2006. One of the main reasons for regulating this subject of the EU regulation was the differing rules in the member states on this matter – which led to unequal levels of competition and consumer protection on the EU internal market. In the opinion of the EU legislator, the aim of the harmonization of the regulations is to ensure the effective functioning of the internal market and a high level of consumer protection. The characteristic feature of nutritional and health claims is their completely voluntary application by entities running food businesses. The article contains the statements of representatives of the doctrine of food and consumer law. The author also attempts to answer the question whether this regulation adequately protects the interests of consumers.
  • Price: 4.50 €
Wyciągi z konopi włóknistych na rynku spożywczym w Polsce i Unii Europejskiej

Wyciągi z konopi włóknistych na rynku spożywczym w Polsce i Unii Europejskiej
(Hemp-derived CBD products on the Polish and EU food market)

  • Author(s):Jędrzej Sadowski
  • Language:Polish
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:277-293
  • No. of Pages:17
  • Keywords:industrial hemp; cannabidiol; CBD; CBD oil; THC; novel food
  • Summary/Abstract:The lack of national regulations of hemp-derived products – extracts containing CBD that are currently sold on the Polish market as nutritional supplements – presents challenges for healthcare providers and the hemp industry. In accordance with EU regulations, products containing CBD are considered to be ‘novel food’ or medicines and can only be placed on the market following a novel food safety assessment or registration as a pharmaceutical product. Poland’s July 2017 medical cannabis law did not address the status of CBD products and they are therefore not subject to the new registration procedure. This legal ambiguity creates challenges with respect to the interpretation of existing regulations and the presentation of evidence, as discussed below, which could hinder the development of the industry in accordance with social and market demands.
  • Price: 4.50 €
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