Legal Eye: From farm to fork

"You deserve a break today, so get up and get away to McDonald's." I must be getting old. That advertising campaign ended more than 20 years ago, but I still can't get that jingle out of my head. The current one is much simpler: "I'm lovin' it." And just to make sure you know what you're lovin', you can click on the McDonald's website to learn more about what's on their menu, including a guide to how many calories each of us should consume on a daily basis.

KFC, not to be outdone, also provides detailed nutritional information on its website, including the number of calories in each of its products, together with a list of potential allergens found in some of them. I couldn't find a similar list of allergens on the McDonald's website, but then again it could be that I simply got lost amid the myriad of links and options.

All of this nutritional information begs the question: are McDonald's and KFC (or all restaurants, for that matter) required to provide detailed nutritional information for each item on their menu? Moreover, who is responsible for ensuring food safety in Poland?

Shared responsibility

The EU and member states share responsibility for ensuring food safety. EU regulations, most notably Regulation EC/178/2002, are intended to ensure the free flow of food items and to establish a minimum level of food safety requirements throughout the EU member states.

The EU strives to ensure safety in the food chain from "farm to fork." Various EU agencies and programs have been established to achieve this aim, including the European Food Safety Authority (charged with testing new food items), the Food and Veterinary Office and implementation of the Rapid Alert System for Food and Feed, which is intended to provide consumers with timely information regarding a potential threat to any part of the food chain.

Periodic inspections

Individual Member States are obligated to implement and enforce EU food safety regulations. In Poland, responsibility for enforcement resides with the Ministry of Health, and in particular with the Office of the Sanitary Inspector. Moreover, all stakeholders up and down the food chain, including producers, processors, retailers, and, yes, restaurants, are required to self-report and regulate themselves. Processors, retailers and restaurants are subject to periodic inspections by the Office of the Sanitary Inspector. Producers (i.e. farmers), are subject to inspections by the Office of Veterinary Control and the Office of the Sanitary Inspector.

One of the EU's minimum requirements regarding restaurants prohibits the placement of employee lavatories that open directly onto a food preparation area. Another requires separate washing facilities for food and hands. The next time you visit a restaurant in one of Poland's ski resorts, take a quick peek into the kitchen. You might be surprised.

Nutritional information

Processed food sold to consumers - in other words, pre-packaged food items such as canned foods, spaghetti sauce, jams and alcohol - must include basic nutritional information presented in the official language of the member state in which it is offered for sale. Non-processed food items, such as fresh fruit and vegetables, do not require such labelling.

Restaurants, however, are not required to disclose the nutritional content of items on their menus. McDonald's and KFC, to their credit, have opted to provide such information voluntarily.

Paul Fogo is a senior attorney with Miller, Canfield, W Babicki & Partners