Direct Selling Regulations for Polish Farmers
Since 2017, Polish law has contained a dedicated framework for direct sales of food produced on a farm: Rolniczy Handel Detaliczny, commonly abbreviated as RHD. The framework was introduced to allow farmers to process their own raw materials on a small scale and sell the result directly to end consumers or local retail outlets without needing to operate as a registered food business in the full commercial sense. Understanding the boundaries of this system is essential for any farmer considering selling at a rural market or roadside stand.
The Legal Basis
RHD was created by the Act of 16 November 2016 amending certain acts to facilitate the development of entrepreneurship and innovation (Dz.U. 2016, poz. 2255). The framework modifies the Act on Food and Nutrition Safety and intersects with EU food hygiene regulations, most importantly Regulation (EC) No 852/2004 on the hygiene of foodstuffs and Regulation (EC) No 853/2004 on specific hygiene rules for food of animal origin.
Poland exercised the flexibility clause available to member states under these EU regulations, which allows simplified hygiene rules for small-scale direct supply of food of animal origin to the final consumer or to local retail establishments.
Who Is Eligible
RHD applies to natural persons conducting agricultural activity in the sense of Polish income tax law — that is, farmers who own or lease agricultural land and derive income from agricultural production. The key conditions are:
- The raw materials processed must come predominantly from the farmer's own farm (at least 50% of each product by weight must originate from the farm's own production).
- The processing must take place on the farm premises.
- Sales must be made directly to end consumers or to local retail outlets in the voivodeship where the farm is located, or in adjacent voivodeships.
- Annual turnover from RHD sales may not exceed 40,000 PLN (this threshold is reviewed periodically; farmers should verify the current limit with the tax authority).
Sales above the 40,000 PLN annual threshold trigger full business registration requirements and take the farmer outside the RHD framework.
Product Categories
The scope of what can be sold under RHD covers both plant and animal products, but the oversight authority differs:
- Plant products and mushrooms — Registration with the local sanitary inspection authority (Państwowa Inspekcja Sanitarna) is required.
- Animal products (meat, dairy, eggs, honey, fish) — Registration with the district veterinary officer (Powiatowy Lekarz Weterynarii) is required.
- Mixed products containing both plant and animal components (e.g. meat-filled dumplings, pâtés with vegetables) fall under veterinary oversight.
Certain animal species are explicitly excluded from the simplified framework: game meat from wild animals and products from bees' nests used outside honey production require separate authorisation.
Registration Process
Before starting sales under RHD, the farmer must notify the relevant authority (sanitary or veterinary, depending on the product) at least 30 days in advance. The notification must include:
- The applicant's personal data and farm address
- A description of the type of food to be produced and sold
- The intended selling locations (market name and address, or roadside stand location)
- Estimated production volumes
The authority conducts an inspection of the farm's processing premises before granting approval. Facilities are assessed against the simplified hygiene criteria applicable under the flexibility provisions of EU Regulation 852/2004.
Labelling Requirements
Products sold under RHD must carry a label — including when sold loose at a market stall. Minimum required information on the label or product card at the point of sale:
- Name of the product
- Name and address of the producer
- List of ingredients (for processed products)
- Net quantity
- Best-before or use-by date
- Storage conditions where necessary
- The statement: "Rolniczy Handel Detaliczny"
Allergen information is required in line with EU Regulation 1169/2011 on the provision of food information to consumers. Labels must be in Polish.
Common Compliance Issues
Inspections by the sanitary and veterinary authorities have highlighted several recurring issues among RHD producers:
- Using raw materials purchased from external suppliers beyond the 50% own-production limit without documenting the ratio
- Missing or incomplete labels at the point of sale
- Processing premises that do not meet temperature control requirements for products of animal origin
- Selling in areas outside the geographically permitted zone without prior notification
Tax Treatment
Income from RHD sales up to 40,000 PLN per year is exempt from personal income tax (PIT). Sales above this amount are subject to standard income tax rules. RHD producers are not subject to VAT below the general VAT exemption threshold, but must maintain simplified records of their sales in case of inspection.
