A recent attempt to harmonise Czech legislation with that prepared by the European Community is the Czech Act on Food and Tobacco Products (hereinafter "Law on Foodstuff"), effective from September 1, 1997, with exception of the provisions on labelling which became effective on January 1, 1998. Even though this law results in a substantial step toward the modernisation of outdated Czech foodstuff legislation, it should be noted that the law is also a source of many discrepancies. The most flagrant discrepancy is the homogeneous control of foodstuff and tobacco products in one law, even though the nature of such products is substantially different.

Foodstuff labelling and packaging obligations are now primarily shifted to the producer and distributor. Producers are obligated to use only packing materials which protect the foodstuff from deterioration and make it impossible to alter the contents without opening or changing the packaging. Packaging material must also correspond with requirements specified by other legal regulations (i.e., the Act on Care of Human Health).

For the purpose of disclosing complete information about the producer and the foodstuff itself, packaging intended for the final consumer must now contain substantially more information than under the previous law, primarily consisting of the following:

  • The commercial name of the producer and its registered address;
  • Name of the foodstuff;
  • Information concerning the amount of the foodstuff in the package;
  • The term of utilisation of the foodstuff ("use before" date) provided that the foodstuff is perishable;
  • The term of utilisation of the foodstuff or the shelf life ("best before" date) in case of non-perishable foodstuff;
  • Information on conditions of storage if the neutral effect on health or quality of the particular foodstuff could be damaged by incorrect storage;
  • Information on if the particular foodstuff is intended for a special diet;
  • Information on composition according to raw materials and additional substances;
  • Information on possible unfavourable effects of the foodstuff on human health if required by special regulation;
  • Information on if the particular foodstuff has been treated with ultraviolet or ion radiation;
  • Information on nutritive value if required under terms of an implementing regulation.

If the foodstuff is intended to be used on the domestic market, the producer must ensure that all information on consumer packing is in the Czech language, with exception of the name of the foodstuff. Information appearing on the packing in foreign language, for instance in case of imported foodstuff, must be translated to the Czech language, not word for word, rather, always in such manner that the Czech text must contain all data prescribed by the Act on Foodstuff.

State authorities such as the Hygienic Service Authority, the Veterinary Administration, the Office of Food Inspection and the Commercial Inspection Office are responsible for supervising compliance of businesses with the Act.

If the state supervision authorities discover a violation of Act they are entitled by the Act to levy financial sanctions against violators. The level of sanctions varies according the kind of violation. For example, a breach of the provisions on elimination of unfavourable health effects may involve a fine of up to 5,000.0000,- CZK, while a violation the provisions on foodstuff labelling would be subject to a fine of up to 500.000,- CZK.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.