Approval of the facility
Entities wishing to open a grocery store must apply to the State Sanitary Inspection (PIS) at the district level for approval of the facility. The correct unit to submit the application is the sanitary inspection authority relevant to seat of the entity or the place of business. An application for such approval must be submitted before the start of the business in the form laid down in Annex 3 to the Regulation of the Minister of Health from May 29th, 2007 on specimen of documents relating to the registration and approval of production facilities or facilities introducing food to the market, being subject to control of the State Sanitary Inspection.
This approval is carried out in the form of a decision after a prior site inspection and checking whether the conditions for the hygienic storage and distribution of food ensure its safety.
Starting a business requires the prior approval of the store's facility, however, in special cases, these approvals may be conditional. In case of a flagrant violation of sanitary conditions, the State Sanitary Inspection may refuse to approve the facility or withdraw a previously issued decision in this respect, or temporarily suspend the approval.
This approval does not include:
1) the activity of the field of direct deliveries;
2) devices for the distribution and sale of food;
3) temporary or mobile devices or equipment previously authorized to be commercially used in the production or trade of food in another Member State of the European Union;
4) agritourism farms
5) entities conducting activity in production of grape wine obtained from grapes from their own crops in quantities of less than 1000 hectolitres of in the calendar year referred to the regulations on the production and bottling of wine products, trade of these products and the organization of the wine market;
6) pharmacies, dispensaries and pharmaceutical wholesalers prescribed in pharmaceutical law;
7) herbal shops;
8) entrepreneurs engaged in the retail sale other products than foodstuffs and introducing to the market microbiologically stable packaged foods;
9) producers of industrial gases for the needs of entities active in the grocery market;
10) entities engaged in business activities as remote intermediates in the field of food sale (mail order), including sales over the internet;
11) entities operating on the market of materials and articles intended to come into contact with food, including entities operated by recyclers;
12) entities operating on the grocery market, being initial producers of food.
Entry in the register of entities
Regardless of the approval, each entity introducing food on the market requires entry in the register of entities. This operation is carried out at the request of the person concerned (entrepreneur) submitted to the State Sanitary Inspection relevant for the place of business. The application must be submitted at least 14 days before the opening of the store. The application requires a written form and should be made on using the specimen set out in Annex 2 or 3 of the Regulation of the Minister of Health from May 29th, 2007 on specimen of documents relating to the registration and approval of production facilities or facilities introducing food to the market, being subject to control of the State Sanitary Inspection.
Entering the store into the register of entities introducing food is necessary due to the fact that they are subject to official inspections of the State Sanitary Inspectorate,
In case of changes of the distribution equipment of the facility, there is a need of a subsequent application changing the entry in the register of entities (Annex 5 of the above Regulation). An update of the equipment must be done at least twice a year.
An entrepreneur wishing to obtain confirmation of the registration of entities may submit an appropriate application to the State Sanitary Inspection. Its specimen has been published in Annex 6 to the Regulation quoted earlier.
Requirements concerning the sale and storage of foodstuffs
The premises and the equipment as well as persons having contact with food must meet the following requirements:
- machinery and technological equipment which come into contact with foodstuffs should be certified by the National Institute of Hygiene;
- working elements of the equipment, tabletops, counters should be in good condition, without damage, cracks, scratches. Auxiliary equipment and kitchen utensils, boards, etc., should be differentiated for various types of food and undamaged;
- the sink for washing hands should have access to cold and warm water, soap, disposable towels or hand dryer;
- equipment for cleaning the premises and devices;
- supply of washing and disinfection means in labelled containers stored in a separate closet;
- persons carrying out work related to the trade foods that come into direct contact with food products must be healthy and have appropriate, medically confirmed certificates issued under the provisions of the Act on contagious diseases and infections;
- any person having contact with food must carry a so called Sanepid book, which is a book of health for sanitary-epidemiological purposes. When obtaining it, 3 mandatory tests of feces samples need to be conducted in the district sanitary-epidemiological station. A physician enters a judgment in this book, allowing working with food.