Step 1: Confirm What Kind of Food It Actually Is
Even before setting up production, it is essential to classify the product correctly. This determines which rules apply to it and which authority will supervise it:
- Ordinary food — subject to the general requirements of food law and commodity decrees.
- Food supplement — in addition to the general rules, a notification duty towards the Ministry of Health applies; in legal terms it is a food, not a medicinal product.
- Novel food — if the food was not consumed to a significant degree in the EU before 1997 (for example new protein sources, extracts, or innovative production technologies), authorisation at EU level may be required before it can be placed on the market — a process that is demanding in both time and administration.
- Food for particular nutritional uses — subject to specific requirements.
Misclassifying a product is one of the most costly mistakes, because it surfaces only during an inspection or when attempting to expand. It therefore pays to assess the product's status right at the outset.
Step 2: Obtain a Trade Licence
Both producing and selling food constitute operating a food business and require an appropriate trade licence. Without it, the activity cannot be started lawfully. This step is administratively the simplest, but it is an essential foundation for everything that follows.
Step 3: Register the Activity with the Supervisory Authority
Every food business operator has a notification (registration) duty under Section 3(1)(i) of Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products. This is not an authorisation procedure — it is enough to notify the commencement of the activity, no later than on the day it actually begins. Registration is filed with the locally competent inspectorate according to the nature of the food:
- the Czech Agriculture and Food Inspection Authority (SZPI) — food of non-animal origin,
- the State Veterinary Administration (SVS) — food of animal origin.
The registration form "Notification by a food business operator of the commencement/termination of activity" is available on the website of the relevant authority. Failure to comply with the notification duty carries a sanction of up to hundreds of thousands, or even a million, Czech crowns.
Note the exception: purely one-off, occasional, or incidental activities with negligible continuity and no promotion may not require registration. However, SZPI assesses each case individually, so for any systematic production, registration is appropriate.
Step 4: Implement a HACCP System and Hygiene Procedures
Primary responsibility for food safety lies with the operator. The operator must therefore ensure that the food is safe at all stages of production, processing, storage, transport, and sale. This is served in particular by:
- implementing one or more procedures based on Hazard Analysis and Critical Control Points (HACCP), or an in-house guide to good practice where the nature of the business allows,
- complying with hygiene requirements for the premises, equipment, and personal hygiene,
- protection against contamination and pest ingress,
- using suitable materials that come into contact with food.
The absence of a functioning HACCP system is one of the first findings during an inspection, so it should be set up before production begins.
Step 5: Prepare a Correct Label
Labelling is the area with the highest number of failings that lead to fines. Pre-packed food intended for the consumer in Czechia must comply with Regulation (EU) No 1169/2011 on the provision of food information to consumers and be labelled in the Czech language. Mandatory 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,
- conditions of storage and use, where relevant,
- the name or business name and address of the responsible operator,
- where applicable, the country of origin, if necessary so that the consumer is not misled.
Nutrition and health claims deserve special attention. Only claims that are authorised and substantiated may be used — wording such as "boosts immunity" or "helps you lose weight" is subject to strict European regulation, and its incorrect use is a frequent ground for sanctions.
Step 6: Verify Specific Requirements by Product Type
Beyond the general steps, further obligations may apply depending on the nature of the product:
- food supplements — notification to the Ministry of Health before placing on the market,
- novel food — authorisation at EU level,
- organic (bio) products — certification and rules for using the EU logo,
- food contact materials (packaging) — a separate notification duty towards the public-health authority.
Step 7: Consider the Sales Channel
If you plan to sell through an e-shop, online food sales are also, in legal terms, placing food on the market, and the operator bears the same responsibility for safety and labelling. Added to this are requirements to provide mandatory information to the consumer at a distance before the purchase is completed, together with consumer-protection rules.
Summary: Checklist Before Placing a New Food on the Market
- Classify the product correctly (ordinary food, food supplement, novel food, food for particular nutritional uses)
- Obtain a trade licence.
- Register the activity with SZPI, or SVS.
- Implement a HACCP system and hygiene procedures.
- Prepare a Czech-language label with all mandatory particulars and keep claims on the packaging in check.
- Fulfil specific obligations by product type (notification, authorisation, certification).
- Address the requirements of the sales channel, especially for an e-shop.
Placing a new food on the market combines food law, hygiene rules, labelling requirements, and consumer protection. A mistake at the initial stage — particularly in classifying the product and setting up the label — usually surfaces only during an inspection, when a remedy tends to be costly. If you are preparing a new product, we recommend a legal assessment of its status and a review of the proposed packaging before production is launched. We will be glad to help you through the whole process.
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 before taking any specific step.
