Czech Food Supplement Notification: Key Steps and Compliance Risks for Slovaks

Entering the Czech market with food supplements as a Slovak company is a complex process that requires a thorough understanding of Czech legislation and EU regulations. Timely notification to the Ministry of Agriculture is essential; failure to comply may result in substantial fines and a ban on sales. This article will guide you through the key steps and highlight the most common risks when placing a product on the market.

In the image, we see the team of a law firm specialising in the notification of food supplements.

Quick summary
  • Notification to the Ministry of Agriculture is mandatory and unconditional; without it, a food supplement cannot be sold on the Czech market, and failure to notify is punishable by fines of up to CZK 50 million, including a sales ban and seizure of products under Sections 17 and 18 of Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products. 
  • All ingredients of a food supplement (vitamins, minerals, botanical raw materials) must meet strict EU standards and Czech prohibitions; as of 2026, it also applies that the mere presence of prohibited substances is newly prohibited, regardless of whether they were added to the product intentionally (effective from July 2025), pursuant to Commission Regulation (EU) 2023/915 on maximum levels for certain contaminants in food and the related case law and interpretative practice of supervisory authorities (in particular the Czech Agriculture and Food Inspection Authority).
  • Product labelling must be in Czech and must contain a range of mandatory particulars under Regulation (EU) No 1169/2011; any health claim is strictly regulated and may be used only if it is on the list of authorised claims under Regulation (EC) No 1924/2006 and the EFSA database,
  • The importer or distributor of a Slovak company becomes the responsible person and bears full legal liability for safety, quality and correct labelling, including the risk of criminal prosecution in the event of more serious breaches under Regulation (EC) No 178/2002.

Basic legal concept: A food supplement is a food, not a medicine

Many entrepreneurs make a mistake right at the outset: a food supplement is not a medicinal product. This is precisely the key to understanding the entire regulatory regime. In the Czech Republic, a food supplement is classified under Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products, as amended, as a food product intended to “supplement the normal diet with concentrated sources of nutrients or other substances with a nutritional or physiological effect”.

This distinction has fundamental consequences. While medicinal products undergo lengthy and costly clinical authorisation and must demonstrate safety and efficacy, food supplements do not need this process.

Instead, a notification regime applies – you must inform the public authority in advance about the product you intend to place on the market. This is not an approval process, but a notification. In practice, healthcare law is also relevant when assessing whether your product remains within the food (food supplement) regime and how to correctly set up the notification and labelling. The authority registers your notification and informs you that it has been received. Only then are you entitled to sell the product.

The Czech Republic also applies the so-called principle of responsibility of the food business operator. This means that the food business operator (manufacturer, importer, distributor) bears full legal responsibility for ensuring that the product is safe. Among other things, they must ensure that it does not contain prohibited substances, that all labelling is correct and that claims are supported by scientific evidence, in accordance with Regulation (EC) No 178/2002 and Act No. 110/1997 Coll..

If a food supplement appears on the Czech market containing a toxic substance or without the required notification, the logic is not that damage is first proven and only then addressed. Here, your product is seized, banned, and you may face high fines or criminal prosecution.

The attorneys at ARROWS, a Prague-based law firm, know exactly how this liability is applied in practice and what you risk if you downplay it. Therefore, we recommend that a Slovak company with food supplements entering the Czech market work with lawyers who know not only the law but also the practice of the Czech Agriculture and Food Inspection Authority (CAFIA) and the Ministry of Agriculture. If an inspection, seizure of goods or a dispute arises as to whether the authority’s procedure is proportionate, commercial and litigation disputes are typically also involved.

Correct product classification: Food supplement or medicinal product?

One of the most common issues that Czech and Slovak companies encounter is uncertainty as to whether their product is a food supplement or a medicinal product. This question determines the entire legal regime to which the product will be subject.

Under Czech legislation and EU law, a food supplement is “a foodstuff the purpose of which is to supplement the normal diet and which is a concentrated source of one or more of the following substances: a vitamin, mineral, amino acid, fatty acid, plant or part of a plant, microorganism or fungi or part thereof, or a combination thereof, including substances of a similar category” under Directive 2002/46/EC.

By contrast, a medicinal product is a natural or synthetic substance that has a significant physiological effect and is intended for the treatment, prevention or diagnosis of diseases, as defined, for example, by the State Institute for Drug Control (SÚKL) and Act No. 378/2007 Coll., on Pharmaceuticals.

In practice, the difference is often thin. The article when does a food supplement become a medicine? The thin line that authorities monitor also addresses the boundary between a food supplement and a medicinal product in more detail. When a company finds that it has added melatonin to a food supplement, it may seem harmless.

But as of 2026, melatonin may be contained in a food supplement at a maximum of 0.5 mg per daily dose (limit effective from July 2024), according to the recommendation of the Ministry of Agriculture. If you exceed this threshold, your product is no longer a food supplement, but a medicinal product.

A product classified in this way will be subject to entirely different rules, including the need for authorisation by the State Institute for Drug Control (SÚKL) and approval by the European Medicines Agency (EMA) for sale in the EU. Similarly, DHEA (dehydroepiandrosterone) was generally prohibited in food supplements in the Czech Republic until July 2025. As of 2026, it is still considered a “novel food”, which must be authorised by the European Union before being placed on the market under Regulation (EU) 2015/2283 on novel foods.

This boundary between a “supplement” and a “medicine” is constantly shifting. Some substances that were previously prohibited are now permitted, but only as novel foods with EU authorisation. Others can be used without restriction. It happens that an entrepreneur believes they have classified their product correctly, but the Czech State Institute for Drug Control (SÚKL) says during an audit: “This is a medicine, and therefore we must fine you for unlawful sales.” Fines here reach millions of Czech crowns under Act No. 378/2007 Coll.

Recommendation: If you have even the slightest doubt about the correct classification of your product, contact the lawyers at ARROWS advokátní kancelář. Our attorneys in Prague can consult with SÚKL or prepare a legal opinion that correctly classifies your product and saves you years of issues and unexpected fines.

Composition and safety: List of permitted and prohibited substances

Once you know your product is a food supplement, you must verify that all of its ingredients are legal. This is a huge topic, and underestimating it leads to the most common fines.

Vitamins and minerals: Exact forms and limits

If your food supplement contains vitamins or minerals, they may only be in the forms expressly listed in Annexes I and II of Directive 2002/46/EC on the approximation of the laws of the Member States relating to food supplements. This means that, for example, vitamin C may be ascorbic acid, sodium ascorbate, etc., but not any “industrial form” or exotic derivative you come up with.

The chemical form matters because different forms have different bioavailability, and the authorities will want to know why you chose yours.

In addition, if you add vitamin D to the product, you must not exceed a certain maximum daily dose. The European Food Safety Authority (EFSA) has issued a so-called “Tolerable Upper Intake Level” (TUL) for each vitamin and mineral.

TUL is the maximum amount that is safe to consume daily over a long period without health risk; see EFSA reports. Exceeding the TUL is not merely a “choice” or a “marketing move”—it is a breach of safety requirements and may result in seizure of the product and a fine under Act No. 110/1997 Coll..

Prohibited substances: A new threat from July 2025

This is where a critical change comes in: Czech legislation (specifically Decree No. 58/2018 Coll., on food supplements and the composition of foods, as amended) previously prohibited adding certain substances to food supplements.

As of 1 July 2025, the rule changed and as of 2026 the presence of these substances is prohibited, regardless of whether they were added intentionally, as the Ministry of Agriculture points out.

What does this mean in practice? If your raw material for a food supplement comes from a plant that may contain traces of a certain prohibited substance (e.g., certain alkaloids), and you do not know about it or do not detect it, you are still in breach of the law. The state inspection authority may seize the entire shipment and fine you. This is a new development that many Slovak and Czech manufacturers seriously underestimate.

Prohibited substances include (among others):

  • narcotic and psychotropic substances,
  • substances with anabolic effects,
  • certain herbal preparations (e.g., Ephedra, Yohimbe),
  • substances for which toxic, mutagenic, teratogenic, or hallucinogenic effects have been demonstrated.
Novel foods

If your food supplement contains an ingredient that was not traditionally consumed as food in the EU before 15 May 1997, it is a novel food. Such an ingredient cannot be legally sold without prior authorisation by the European Commission based on an EFSA assessment, in accordance with Regulation (EU) 2015/2283 on novel foods.

Example: If you want to use a particular new botanical raw material obtained from a rare plant or from a plant originating from another continent, you must first submit it for approval to the European Commission. The process typically takes 3–5 years and costs hundreds of thousands of euros. Many manufacturers do not do this at all and sell the product illegally. SZPI then bans sales, and fines can be up to CZK 50 million under Act No. 110/1997 Coll..

Notification to the Ministry of Agriculture: A mandatory step with no alternative

This brings us to an absolutely essential step you must not skip. If you want to sell a food supplement at all, you must notify it to the Ministry of Agriculture of the Czech Republic BEFORE you place it on the market for the first time, under Act No. 110/1997 Coll..

What is notification?

Notification is not an approval or registration in the sense that you would wait to be approved. It is simply a notice by which you tell the state: “I am going to sell this product on the Czech market; here is its composition and labelling.”

The Ministry of Agriculture then registers you in its food supplement register (RoBaP) and issues you a confirmation of notification. From that moment, your notification is considered accepted and you may legally sell.

Mandatory documents for notification

For notification, you must prepare, in accordance with the Ministry of Agriculture’s instructions:

  • Product labelling in Czech – the complete text that will appear on the packaging, exactly as you will sell it. It must include the requirements under Act No. 110/1997 Coll. and Decree No. 58/2018 Coll.
  • Analyses and certificates
  • Raw data – a list of all ingredients, their quantities, especially vitamins and minerals in the specified forms.
  • Safety declaration – as the responsible person, you confirm that the product complies with Czech and EU legislation and does not contain prohibited substances, in accordance with Regulation (EC) No. 178/2002.
The notification procedure in practice

Notification is submitted to the Ministry of Agriculture of the Czech Republic via the Farmer’s Portal or a data box. The form is relatively standard, but every detail must be accurate. Errors in labelling or in the list of ingredients may lead the Ministry to return your notification as incomplete, and you will have to submit it again.

How long does it take? If your notification is correct and complete, it is recorded in the register immediately upon submission. There is no statutory waiting period for assessment. You are therefore authorised to sell immediately after the notification is accepted by the Ministry of Agriculture.

What is the cost? Notification is an administrative task, but the mandatory analyses and laboratory tests are not covered. You must order these yourself from accredited laboratories, which typically costs CZK 10,000 to CZK 50,000 depending on the scope of testing.

Labelling, packaging and health claims: The most common cause of fines

Errors in labelling and health claims make up the vast majority of findings during inspections by SZPI. The lawyers at ARROWS advokátní kancelář see in practice that companies may notify the product correctly, but then allow themselves certain “small details” on the packaging or in marketing that cost them tens to hundreds of thousands of Czech crowns.

Mandatory information on the packaging

On the packaging of a food supplement in the Czech Republic, the following must be stated in Czech, under Act No. 110/1997 Coll. and Decree No. 58/2018 Coll., and according to the Ministry of Agriculture’s guidance:

  • Product name and the words “food supplement”
  • List of all ingredients
  • Content of vitamins, minerals and other active substances in the recommended daily dose
  • Recommended daily dose
  • Warning: “Do not exceed the recommended daily dose”
  • Warning: “Food supplements are not a substitute for a varied and balanced diet”
  • Warning: “Keep out of reach of children”
  • Name and address of the manufacturer, importer or distributor
  • Expiry date and storage conditions
  • Batch identification number
  • Declaration of individual food allergens (e.g., milk, eggs, legumes, etc.) in accordance with Regulation (EU) No 1169/2011 on the provision of food information to consumers.

If any of this information is missing, the Czech Agriculture and Food Inspection Authority (SZPI) will seize the product, ban its sale and fine you. Missing Czech-language text is a particularly serious breach and may result in a fine of up to CZK 50 million under Act No. 110/1997 Coll.

Health claims: The most commonly exceeded line

Many companies want to claim that their food supplement “boosts immunity”, “improves memory” or “reduces fatigue”. If you put this on the packaging or in advertising without the claim being on the EFSA list of authorised claims under Regulation (EC) No 1924/2006 on nutrition and health claims made on foods, you are breaking the law.

The European Commission has a list of approximately 260 authorised health claims that may be used legally in the EU and therefore also in the Czech Republic. Claims such as “supports the normal function of the immune system” are authorised on the list, but claims such as “cures flu” or “prevents cancer” are strictly prohibited — on both food supplements and foods.

The reality is that although EFSA has assessed more than 2,300 health-claim applications, over 70% of them were rejected due to a lack of scientific evidence. If your claim is not authorised, you cannot use it, and the ban applies across all media — packaging, websites, social media, advertising — under Regulation (EC) No 1924/2006.

Most common mistakes:

  • Claims relating to the treatment or prevention of diseases (especially: “boosts immunity against COVID-19”, “treats arthritis”, “prevents dementia”)
  • Unsubstantiated claims such as “clinically proven” when no study exists
  • Claims in a foreign language without a Czech translation

If SZPI identifies an unauthorised health claim, it will seize your product, ban its further sale, and fines may reach CZK 50 million under Act No. 110/1997 Coll. And that is without even mentioning reputational damage and a potential lawsuit from a competitor, who may also pursue you for unfair commercial practices.

Related questions on labelling and claims

1. Can I write “natural” or “chemical-free” on the packaging?
Yes, if it is true and not misleading. However, be careful: if you state “preservative-free” or “pesticide-free”, you must be able to prove it by analysis. If you claim it and it is not true, it is a false claim. Work with these formulations should be consulted with attorneys from ARROWS advokátní kancelář to avoid risk.

2. What language must the label be in if I export from the Czech Republic to Slovakia?
If you sell in Slovakia, the label must be in Slovak. If you sell in the Czech Republic, it must be in Czech. If you sell into multiple countries, you must have multiple packaging versions with localised texts. You cannot have one package in English and sell it everywhere.

3. What is the minimum time allowed to read the label without a magnifying glass?
The law does not specify an exact minimum font size (except for specific mandatory particulars where a minimum “x-height” is set) under Regulation (EU) No 1169/2011, Article 13(2). However, in general, the information on the packaging must be legible for the average consumer without the use of magnifying aids. The font should be reasonably large so that it is not difficult to read. Font that is too small may lead to a sanction from the Czech inspection authority.

Risks of notification and labelling

Possible issues

How ARROWS helps (office@arws.cz)

Missing or incomplete notification – the product is not registered in the RoBaP register, and therefore you are not entitled to sell it. The Czech inspection authority seizes stock, bans sales, and a fine of up to CZK 50 million may be imposed.

Attorneys from ARROWS advokátní kancelář will prepare a complete notification with the required documentation, take over communication with the Ministry of Agriculture, and ensure that your notification is duly registered.

Labelling errors – missing Czech text, missing mandatory particulars, poor legibility, missing allergen declaration – the Czech inspection authority orders the product to be withdrawn from the market.

ARROWS advokátní kancelář will prepare legally compliant labelling in Czech, verify compliance with all EU and Czech regulations, and ensure that the label is safe and inspection-proof.

Illegal health claims on packaging, e-shop or social media – the claim is not on the EFSA list; there is a risk of a fine, a sales ban, and possibly a competitor lawsuit for unfair practice.

ARROWS attorneys will review all your health claims and ensure they comply with Regulation (EC) No 1924/2006. They also help rephrase communications so that they are legally safe.

Unclear product status – it is not clear whether it is a supplement or a medicinal product – the State Institute for Drug Control (SÚKL) may later impose a reclassification and fine you for illegal sales.

ARROWS advokátní kancelář will secure a legal opinion from SÚKL or prepare a legal analysis of the correct classification, giving you certainty and protection.

Import and traceability: The obligation to track where each raw material comes from

If a Slovak company is the manufacturer and you (or its representative) are the importer into the Czech Republic, as the importer or distributor you have an obligation to ensure that the product complies with all Czech and EU safety regulations already at the moment you first take it over in the Czech territory under Regulation (EC) No 178/2002.

Notification of the arrival of goods

If your food supplement comes from another EU Member State (i.e., Slovakia) and enters the Czech Republic, you must file a notification of the arrival of goods with SZPI.

This notification is submitted via SZPI’s online form through the CAFIA system and forms part of compliance obligations under Act No. 172/2015 Coll., on the performance of controls of the import and export of food and feed and on amendments to certain related acts, and related implementing regulations. It must include:

  • Name and identification details of the natural person or legal entity that is the first consignee of the goods in the Czech Republic
  • Quantity and description of the product
  • Origin (country of manufacture or the country from which it is exported)
  • Expected arrival date

The notification must be submitted no later than 24 hours before the goods arrive. If you fail to do so, you will be in breach of Act No. 172/2015 Coll., and you may face a fine, as stated by SZPI.

Traceability system: Who knows what, and who knows it from whom

The basic principle of EU food legislation is the so-called “one step back and one step forward”. As an importer or distributor, you must be able to say from whom you received the goods and to whom you sold them (in accordance with Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law).

This means you must have a contract with the Slovak manufacturer who will provide you with Certificates of Analysis (CoA), documents on the origin of raw materials, safety analyses and microbiological test results, and a declaration of compliance with EU legislation.

If it is later found that your product contains a prohibited substance, the Czech state inspection authority will be able to trace the route back to the manufacturer, and you will be able to demonstrate that you have fulfilled your duty to verify safety. Without such documentation, the Czech state inspection authority will turn to you, and you will be liable.

Laboratory testing: You must not rely only on a German set of tests

Many Slovak and Czech manufacturers believe that if they have analyses from a French or German laboratory, that is sufficient. In the Czech Republic, however, it is required under Act No. 110/1997 Coll. that the analyses come from a laboratory accredited under ISO/IEC 17025 and that they are available in Czech or at least in English.

Moreover, if SZPI has doubts during an inspection about the accuracy of the analyses, it may itself order independent testing from a state laboratory. If the results differ from your certificate, you become suspected of falsification and you may face both a fine and criminal liability.

Related questions on import and safety

1. How often do I have to test food supplements?
At least once for each new production batch or lot. Ideally also once a year, even if you keep selling the same product, to ensure that the quality has not changed. If you use raw materials from a new supplier, new testing of those raw materials or of the final product is mandatory.

2. Can I buy an analysis from a cheaper laboratory outside the EU?
In practice, no. The Czech inspection authority and the courts will require analyses from a laboratory accredited under ISO/IEC 17025 that is on the list of Czech or European accredited laboratories. An analysis from a laboratory outside the EU will be viewed as suspicious unless it has recognised international accreditations and credible references.

3. As an importer, do I have the right to return the product to Slovakia if I discover an error?
It depends on the contract with the Slovak manufacturer. In general: yes, you should have the right to return a defective product and request a refund or replacement delivery. We recommend verifying this right in the purchase agreement, which ARROWS advokátní kancelář can help you prepare.

Special situation: Online sales and social media

Recently, more and more food supplements have been sold via e-shops and social media. Here, the risk of breaching legal regulations is particularly high, because it is easy to write unauthorised health claims. Inspectors most often look for breaches there, as evidenced by SZPI inspections of online sales.

E-shop obligations

If you sell food supplements online, you have the same obligations as a brick-and-mortar store, plus additional ones:

  • You must register as a food business operator with the State Agricultural and Food Inspection Authority (SZPI) and state that you operate an e-shop.
  • If you have physical warehouses in the Czech Republic, you must submit a notification of these warehouses.
  • All product information (composition, labelling, health claims) must be available directly on the website in the Czech language under Regulation (EU) No. 1169/2011 and Regulation (EC) No. 178/2002.
  • If you have an e-shop, you must have an accurate description of whom the e-shop is intended for (the Czech Republic, the EU, etc.), because this determines which language versions and labelling you must have.
  • Any advertising or health claim on the e-shop is regulated in the same way as on the packaging and must comply with Regulation (EC) No. 1924/2006.
Social media: A hidden advertising bomb

On TikTok, Instagram and Facebook, it is becoming common for “influencers” to promote food supplements with phrases such as “it changed my life”, “it really works”, etc. If you, as a food supplement company, pay these influencers, you are responsible for their statements.

If an influencer makes false statements or uses unapproved health claims, you may be fined by Czech state inspection authorities (e.g., the Czech Trade Inspection Authority (ČOI)) and also by consumers themselves under Regulation (EC) No. 1924/2006 and Act No. 40/1995 Coll., on the regulation of advertising.

The worst-case scenario is when you think you are giving an influencer a product for review and they then say something non-compliant. You can still be fined if it was clear that you “bought” their positive statement. It must always be clear that this is paid promotion (e.g., by using #reklama or #spolupráce) under the Advertising Regulation Act and Regulation (EU) 2017/2394.

Related questions on online sales

1. Do I have to have all information on the e-shop in Czech even if I sell only abroad?
If you sell into the Czech Republic, you are required to have the information in Czech. If you sell into other countries, you are required to have the information in the language of the target country. If you sell into multiple countries, you will need multiple language versions. In no case, however, can you afford to omit mandatory information.

2. Can I buy a list of contacts for 10,000 influencers and send them a product?
If you do this without their knowledge and part of your strategy is an attempt to “buy” their positive review, you are breaching the principles of advertising transparency. If the influencer clearly has to label that they received the product from you and that it is a paid collaboration, that is fine. However, if they do not state that it is paid promotion and you know about it, you risk financial penalties from state authorities as well.

3. What information must I not write on the e-shop?
You must not write health claims that are not on the EFSA list. You must not claim that the product treats, prevents, or diagnoses diseases. You must not claim things that are not scientifically substantiated or that are misleading to consumers.

Practical timelines and checklists

Before a Slovak company starts selling on the Czech market at all, it should create a realistic schedule. Most often, companies are mistaken in thinking that notification takes months. That is not true—the notification itself is immediate.

However, preparing all documents, verifying the product composition, and ensuring correct labelling can easily take 3 to 6 months, in line with guidance from the Czech Ministry of Agriculture.

Recommended schedule

Months 1–2: Preparation

  • Collect all product analyses from European laboratories
  • Verify that all ingredients are permitted and in permitted forms, and that they do not contain prohibited substances
  • Prepare a draft Czech label
  • Prepare a list of all raw material sources and their certificates

Month 3: Legal review

  • Consultation with an attorney (e.g., from ARROWS advokátní kancelář) regarding the correct classification of the product
  • Verification that the labelling meets all requirements under Act No. 110/1997 Coll., Decree No. 58/2018 Coll., and Regulation (EU) No. 1169/2011
  • Verification that all health claims (if any) are on the list of authorised claims under Regulation (EC) No. 1924/2006 and are not misleading under Regulation (EC) No. 178/2002 
  • Preparation of the notification form for the Ministry of Agriculture

Month 4: Filing the notification

  • Filing the notification with the Ministry of Agriculture via the Information System for Food Notifications (ISPOP)
  • Expected registration in the ISPOP system

Months 5–6: Initial rollout

  • Ordering Czech packaging with legally compliant labelling
  • Stocking the warehouse in the Czech Republic
  • Setting up the e-shop (if you sell online) in compliance with Czech legislation

If you fall behind anywhere or need to carry out new analyses, the timeline can easily extend to a year or longer. The attorneys at ARROWS advokátní kancelář can help speed up the process by knowing which documents are most important and how to communicate with the authorities.

Sanctions and supervisory authorities: What are you facing if you do not do it properly?

When you say to yourself, “Please, what is the worst that can happen to me?”, your answer should always be: “The Czech Agriculture and Food Inspection Authority (SZPI) and the Ministry of Agriculture.”

SZPI and its powers

SZPI is a state administrative authority subordinate to the Ministry of Agriculture and has the right to enter your premises (warehouse, production facility, e-shop) without prior notice to verify that the product meets safety standards and is correctly labelled under Act No. 110/1997 Coll..

In 2024, SZPI imposed a total of CZK 189,056,750 in fines, which is 47% more than in 2023. The highest single fine reached CZK 5.25 million, as SZPI regularly reports in its press releases. The most common breaches concerned:

  • Incorrect or missing labelling
  • Illegal health claims
  • Unapproved levels of active substances
  • Presence of prohibited substances
  • Lack of notification
  • Presence of undeclared foreign allergens

Fines vary depending on severity. Minor breaches may be fined in the hundreds of thousands of CZK. Serious breaches (e.g., selling a product containing a toxic substance) may be fined up to CZK 50 million, regardless of the size of the company, under Act No. 110/1997 Coll., on Food and Tobacco Products.

In addition, SZPI may order under Act No. 110/1997 Coll.:

  • Seizure of the product from the warehouse, shop, or e-shop
  • A ban on the sale of a specific product
  • Blocking of the e-shop (if you sell online without authorisation)
  • An order to immediately withdraw the product from the market
Criminal liability

In the most serious cases (manufacturing and selling a product that contains a high level of a toxic substance and causes harm to consumers’ health), criminal liability may also apply under Act No. 40/2009 Coll., the Criminal Code. This means that not only are you facing a fine, but you may also end up in criminal proceedings before the local public prosecutor’s office.

If it is proven that you knew the product contained a toxic substance and you still sold it, this constitutes fraud or endangering human life and health, which are serious criminal offences.

Sanctions and impacts

Breach

Typical sanction (range)

Additional impacts

Lack of notification (sale without notification to the Ministry of Agriculture) – you are selling without authorisation under Act No. 110/1997 Coll..

Fine of CZK 10–50 million depending on severity

Seizure of all stock, blocking of the e-shop, sales ban, administrative proceedings.

Incorrect or incomplete labelling (missing Czech information, allergen declaration) – the inspection finds that the packaging does not comply with the law.

Fine of CZK 1–20 million

Order to withdraw the product from the market, destruction of packaging, need to prepare new packaging (costs in the tens of thousands up to millions of CZK).

Illegal health claims – you claim on the website that the product “treats depression” without EFSA approval.

Fine of CZK 5–50 million

Blocking of the e-shop, ban on further promotion, possible lawsuit from competitors for unfair practice.

Presence of prohibited substances – following SZPI analysis, it is found that the supplement contains Ephedra or another toxic substance.

Fine of CZK 20–50 million + possible criminal prosecution

Complete destruction of the product, order to withdraw it from all shops and e-shops, media scandal.

Incorrect or false statements of active substance content – claiming it contains 500 mg of vitamin C, but it only has 100 mg.

Fine of CZK 10–30 million

Withdrawal of the product, possible disputes with consumers, loss of customer trust.

How ARROWS advokátní kancelář can help

If it is unpleasant to read how many things you can do wrong, that is exactly why a Slovak company should work with the attorneys at ARROWS advokátní kancelář already when preparing to enter the Czech market—attorneys who specialise in food law and the regulation of food supplements under Czech legislation.

ARROWS attorneys can provide a legal review of your product range: verifying that each product is correctly classified as a food supplement and not as a medicinal product, and that it does not contain prohibited substances or unauthorised novel foods.

They can also assist with preparing the complete notification: preparing all mandatory documents, consulting with the relevant authorities (the Ministry of Agriculture, SZPI), filing the notification, and ensuring registration in RoBaP.

They will also ensure legally compliant Czech-language labelling: checking that all information on the packaging complies with Act No. 110/1997 Coll., that no illegal health claims are present, and that the label is legible and properly structured.

They will verify health claims: checking that each claim in marketing, on the website, or on social media is on the EFSA list and is not misleading under Regulation (EC) No. 1924/2006.

ARROWS attorneys will prepare contracts with importers and distributors: ensuring that your business partners in the Czech Republic have clear obligations regarding safety, traceability, and liability.

They will represent you in inspections and disputes: if SZPI initiates an inspection and identifies breaches, ARROWS attorneys will represent you, liaise with inspectors, and seek to minimise sanctions. Defence against fines: if SZPI imposes a fine, ARROWS attorneys can defend you in court proceedings.

Given that ARROWS advokátní kancelář is insured for professional liability up to CZK 400 million, you have the assurance that if an attorney makes a mistake, the insurer will reimburse any damages.

Final summary

At first glance, a Slovak company’s entry into the Czech market with food supplements looks like a simple procedural invitation—notification, labelling, sales. In reality, it is delicate manoeuvring in an environment where the smallest mistake costs thousands, tens of thousands, or millions of Czech crowns. The public authorities in this sector are not lenient towards breaches; the market is monitored thoroughly and fines are high.

Key points to remember:

  • Notification is mandatory and unconditional: Without notification to the Ministry of Agriculture, you are not entitled to sell a food supplement. A breach can cost you up to CZK 50 million under Act No. 110/1997 Coll.
  • All product ingredients must be lawful: As of 2026, even the mere presence of prohibited substances is banned, regardless of whether it was added intentionally, as stated by the Ministry of Agriculture.
  • Labelling must be in Czech and include all mandatory information: Missing information is the most common reason for fines and product withdrawal from the market under the Ministry of Agriculture’s guidance.
  • Health claims may only be taken from the EFSA list: An improvised claim without scientific substantiation automatically breaches the law under Regulation (EC) No. 1924/2006.
  • The importer or distributor is the responsible person: If you represent a Slovak company, you bear full responsibility for the safety and correctness of the product on the Czech market under Regulation (EC) No. 178/2002.

If you take these points seriously and comply with them, entry into the Czech market will be smooth and safe. If you take them lightly, you risk sanctions that may cost you tens of millions of Czech crowns and may ultimately lead to criminal proceedings.

We recommend that you contact ARROWS advokátní kancelář already in the early stages of your strategy for entering the Czech market. The ARROWS attorneys are familiar with every detail of the legislation, know the practice of SZPI, and know how to avoid the most common mistakes. Investing in high-quality legal support now will save you millions of Czech crowns later.

Contact ARROWS advokátní kancelář via office@arws.cz and have a detailed legal and regulatory analysis of your product line prepared, which will protect you and give you peace of mind.

FAQ: Entry of a Slovak company into the Czech market

1. How much time should I devote to preparing entry into the Czech market?
At least 3 to 6 months if you have all documents ready. If you need to carry out new analyses, produce new packaging, or resolve uncertainties regarding product classification, it may take up to a year. We recommend starting as early as possible and not changing your sales dates. The attorneys at ARROWS advokátní kancelář help you shorten the timeline and avoid unnecessary delays, which are often caused by small details. Contact us at office@arws.cz.

2. Can I buy already labelled products from Slovakia and sell them directly in the Czech Republic?
Generally no, at least not if the labelling is not in Czech. Even if the products are in stock in Bratislava with Slovak labelling, once they enter the Czech Republic you must ensure they have Czech labelling. This means you either order new packaging with Czech information or print stickers with the essential information and attach them to each unit. The first option is safer and more strongly recommended. Contact ARROWS advokátní kancelář, which will prepare a draft Czech label for you.

3. What is the minimum shipment size for which it is worth doing the notification?
The legislation does not state any minimum quantity. In theory, even one box of food supplements requires notification. In practice, however, it is worth doing the notification only from a quantity you will actually sell (e.g., 100–500 units per year). If it is only a few units, the question arises whether the administration makes sense. Consult the attorneys at ARROWS advokátní kancelář, who will tell you what is most practical for your situation.

4. What if Czech or EU legislation changes and my product suddenly becomes prohibited?
Legislation evolves and changes happen. The attorneys at ARROWS advokátní kancelář can provide long-term legal advice covering not only market entry but also future changes. If your ingredient is banned, you should know well in advance so that you can develop a new product or remove it from the market. Long-term cooperation with attorneys prepares you for these situations.

5. How much will a set of all analytical certificates and tests cost me?
Typically CZK 10,000 to CZK 50,000 per product, depending on how much analytical data is needed and the scope of testing. If you have three products with different ingredients, you can expect CZK 30,000 to CZK 150,000. If you have an older analysis from Germany or the Czech Republic and it focuses on what you need, it can often be reworked at lower cost. The attorneys at ARROWS advokátní kancelář help you choose the right laboratories and ensure that the analyses meet Czech and EU standards.

6. Can I have the notification prepared by an external company (not a lawyer), e.g., a consultant?
You can, but there is a risk. Consultants often do not have legal qualifications and may not understand all the nuances of the law. If a consultant makes a mistake, they do not have liability insurance and you have no possibility of recourse. The attorneys at ARROWS advokátní kancelář are qualified lawyers, insured against damage, and know how to avoid the most common mistakes. We recommend having the notification prepared by a lawyer so that it is correct and safe from the outset. Contact ARROWS at office@arws.cz.

Notice: The information contained in this article is of a general informational nature only and is intended for basic orientation in the matter, reflecting the legal state as of 2026. Although we take the utmost care to ensure accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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