Przegląd Prawa Rolnego, 2015 Nr 1 (16)

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Wokół prawnego pojęcia żywności
(Wydawnictwo Naukowe UAM, 2015) Leśkiewicz, Katarzyna
An attempt has been made in the paper to identify certain common elements, if any, found in the legal concepts of food and an agricultural produce. An analysis of different interpretations of food in judicial decisions of the Polish administrative courts has identified some controversies regarding the notion of food. Of particular practical difficulty seems to be assigning particular types of food to food categories in the meaning provided in Regulation (EC) 172/2002. Administrative bodies applying food law sometimes take a view that the nutrition value of a product is a determining criterion deciding whether a given product is food. Likewise consumers also expect food to provide beneficial effects on the organism, when eaten, while from the legal point of view food need not have a nutritional value to pass as food. In consequence, there are many different preparations may be and are considered food despite the fact that they do not contain any nutritive value.