You run an agricultural holding and you are willing to sell your products to consumers without the use of intermediaries and the fulfilment of strict sanitary rules? It is possible by means of direct sales or direct deliveries.
What are direct sales?
In accordance with the provisions, direct sales are the production and sales of products from your farm to the final consumer (or shop supplying directly to the consumer or e.g. restaurant). Both plant and animal products can be sold.
In view of the legislation, it is important to differentiate between the "direct sales" and "direct deliveries". The first concerns animal products and is regulated by the Regulation of the Minister of Agriculture and Rural Development. Direct sales of plant products, namely ‘direct deliveries' are covered by the Regulation of the Minister of Health.
Remember that direct sales relates only to unprocessed products! For instance: milk and cream may be marketed directly (without registration of activity) while the curd and cheese not.
For example, in the framework of direct deliveries/sales such activities are allowed: washing of vegetables, removing leaves, drying herbs, gutting fish. There shall be no actions such as: peeling of potatoes, slicing of carrots, packing lettuce in bags, the use of preservative gases - as these will be processing.
Processed products of animal origin (cheese, butter, meat products) can be sold within the framework of restricted and localised sale (MOL). Read more on this subject. In this case, you will have to register an economic activity.
Do direct sales require registration of activity?
Direct sales does not require registration of economic activity
What can be sold?
In the form of direct sales can be sold products, such as: cereals, fruits, vegetables, herbs, mushrooms, originating from own crops, (but those that do not belong to so-called special agricultural production segments) and other raw materials coming from personally collected herbs and ground vegetation. They may be also dried or pickled products. Animal products such as, inter alia, poultry, eggs, milk and honey may be sold directly to consumer.
Where can I sell?
Direct sales may take place: on the farm, agricultural market, at the roadside as well as at fairs and festivals. As a general rule, sales are also possible in the region of the production of these products, or in the neighbouring regions. Fairs, festivals, for example, with promotional intent are exceptions. In the case of meat products you may sell them in another region, but you must notify the district veterinarian 7 days before the event.
In the case of direct sales, the limits of sales of particular products will apply. In the case of products of animal origin, the limits were laid down in the Regulation on the veterinary requirements applying to the production of products of animal origin intended for direct sale.
As regards plant products, their sale may not exceed the annual yield of a given product, or the quantity of raw materials coming from personal collection of herbs and ground vegetation by the person providing the foodstuffs in the framework of direct deliveries.
As regards the production and sales of food products registration is necessary:
- for products of animal origin - to the District Veterinary Inspectorate. In this case, the application for registration must include, inter alia, technological design of the establishment, that is to say, the place where the products will be produced. The design shall include: the type of activity including the type of raw materials and the type of proucts of animal origin to be produced in the establishment; data on maximum weekly production capacity of the establishment, in the case of the production of unprocessed, apiculture products - the data on maximum annual production capacity; specification of the water supply system; the description of how the waste and by-products of animal origin are to be stored; indication of the planned location of the establishment.
- for products of plant origin and composite products - to the District Sanitary Inspectorate.
The lack of registration may expose you to penalties.
If you sell plant products, you are obliged to release to the authority of the official control of food or to a retail establishment for which supplies are made, at their request, written statements on plant protection products, the occurrence of pests or diseases that may affect the safety of products of plant origin and other information relevant to human health.
If you want to sell your products directly, their production must be carried out in accordance with the standards relating to, inter alia, ventilation, drainage of waste water, water supply and food safety. Specific rules for animal products refer to the Regulation of 30 September 2015 on the veterinary requirements applying to the production of products of animal origin intended for direct sale.
Farmers who directly sell plant products are required to comply with the relevant hygiene requirements. Devices, equipment, fittings and tools with which food comes into contact should be cleaned and disinfected and in the state of repair and cleanliness that does not undermine the health food requirements. These activities must comply with the requirements set out in Annex II to Regulation No 852/2004 on the hygiene of foodstuffs.Share Print