Who Is the Importer in Legal Terms
The importer of food is the business that places goods originating in third countries — that is, states outside the European Union — on the market. Purchasing goods from another EU Member State is not considered importing in this sense; here the principle of the free movement of goods applies, and products lawfully placed on the market in another Member State generally cannot be refused in the Czech Republic.
Importantly, from the perspective of food law the importer is a food business operator and bears responsibility similar to that of the manufacturer. The importer is therefore responsible for ensuring that the imported food is safe, correctly labelled, and compliant with all requirements of Czech and EU legislation. This responsibility cannot be avoided by pointing out that the goods were produced by someone else abroad.
Registration with the Supervisory Authority
A basic obligation is to register the activity with the relevant supervisory authority. This follows from Section 3 of Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products, and it is a notification duty — it is not an authorisation procedure but a notice that must be filed no later than on the day the activity commences.
Which authority is competent depends on the nature of the food:
- The Czech Agriculture and Food Inspection Authority (SZPI) supervises food of non-animal origin — that is, fruit, vegetables, spices, beverages, confectionery, food supplements and the like.
- The State Veterinary Administration (SVS) supervises food of animal origin, such as meat, fish, dairy products, eggs, and honey.
Registration is filed with the locally competent inspectorate at the place of the business's registered office, using the form "Notification by a food business operator of the commencement/termination of activity". Failure to comply with the notification duty is an offence for which a sanction of up to hundreds of thousands, or even a million, Czech crowns may be imposed, so this step should not be underestimated. In addition, the business must hold the appropriate trade licence.
Categories of Food by Level of Import Regulation
The import regime is not the same for every food. Many commodities are imported entirely freely, while for others special conditions must be met. In simplified terms, food can be divided into several groups:
- Food with no special regime. For safe foods not subject to special rules, you need no special authorisation or certificate. It is enough to meet the general requirements for safety, hygiene, and labelling.
- Food subject to special import conditions. For selected commodities from certain countries, EU law imposes enhanced controls due to a risk to health — typically contamination risks (for example aflatoxins in nuts and dried fruit, pesticide residues, or radiation in products from certain regions). Here it may be necessary to import through designated points of entry and to submit a health certificate issued by a competent authority of the third country, or an analysis report.
- Food whose import is prohibited or suspended. In justified cases, the European Commission may fully suspend the import of a specific food from a third country.
The specific list of commodities and conditions changes over time and should be verified before each shipment. SZPI maintains the overview of the so-called "red list" and enhanced controls; for products of animal origin, this is handled by SVS.
Official Controls at Entry and Customs Clearance
For selected foods, an official control is carried out at entry into the EU before the shipment is released for free circulation. Supervisory authorities perform systematic or random checks at points of entry and may require the submission of a health certificate or other accompanying documents.
Customs clearance takes place in parallel. When importing from third countries, in addition to VAT, customs duty is payable under the EU customs tariff, and for some commodities excise duty as well (for example on alcohol). The business submits a customs declaration on the Single Administrative Document together with invoices and, where applicable, other documents such as a certificate of origin. It is advisable to anticipate that the customs office may request supplementary documents and to have them ready in advance.
Labelling of Imported Food
The label deserves special attention. Food intended for the Czech consumer must be properly labelled in the Czech language and meet the requirements of Regulation (EU) No 1169/2011 on the provision of food information to consumers, as well as the Act on Foodstuffs. Key particulars include:
- the name of the food corresponding to its type and composition,
- the list of ingredients and highlighted allergens,
- nutrition information,
- net quantity,
- the date of minimum durability or the use-by date,
- storage conditions, where relevant for the food in question,
- identification of the responsible operator.
The last point is significant in the context of imports. The label must state the food business operator responsible for the food information — and where the manufacturer is not established in the EU, this is precisely the importer. In practice, the importer may therefore be stated on the label without the manufacturer's address from the third country having to be given. At the same time, it is sometimes necessary to indicate the country of origin so that the consumer is not misled as to the true origin of the food. A document of origin must also accompany the shipment.
Food Supplements and Other Specific Categories
If you import food supplements, beyond the above you will also face a notification duty towards the Ministry of Health — before placing the product on the market, you must notify the product and its labelling. A food supplement is, in legal terms, a food and not a medicinal product, which determines the rules that apply to it and the claims you may make about it.
Similarly, a special regime applies, for example, to novel foods, foods for particular nutritional uses, or products with organic (bio) certification. For each of these categories, it is advisable to verify the specific requirements before concluding the supply contract.
Summary: Checklist Before Your First Sale
Before placing imported food on the market, we recommend going through the following points:
- Verify whether it is genuinely an import from a third country or an acquisition of goods from another EU Member State.
- Register the activity with SZPI, or SVS, depending on the nature of the food.
- Determine whether the commodity is subject to special import conditions, health certificates, or enhanced controls.
- Arrange customs clearance and prepare the necessary documents, including the document of origin.
- Prepare a Czech-language label with all mandatory particulars and the correctly stated responsible operator.
- For food supplements and other specific categories, fulfil the notification and other special obligations.
Food law is an area where EU regulations, the Czech Act on Foodstuffs, and customs rules intersect, and a mistake at the outset can surface only during an inspection or a complaint. If you are planning to import a new commodity, we recommend a legal assessment of the specific product and the setting up of contractual documentation with the supplier before your first order. We will be glad to help you with the preparation.
This article is for informational purposes only and does not replace individual legal advice. The legal framework evolves; we recommend verifying the current wording of the regulations and commodity lists before each specific shipment.
