Legal Duties for Storing Dietary Supplements and Monitoring Shelf Life

Mgr. Dita Zbožínková, LL.M.
Mgr. Dita Zbožínková, LL.M.
6.4.2026 | ARROWS law firm

Entrepreneurs trading in dietary supplements often do not realize what lies behind the seemingly simple obligation to store them properly and monitor their shelf life. The law requires more than just a cool room: it involves precise documentation, traceability, responsibility for quality, and a range of sanctions for non-compliance. This article will show you what the law says, what risks you face, and how to avoid high fines and legal disputes.

The photograph shows an attorney addressing the issue of proper storage of dietary supplements.

Key takeaways

  • Storage of supplements and their shelf-life periods are governed by strict regulations, and penalties can reach up to CZK 50 million.
  • Responsibility for quality and safety is borne primarily by the entity placing the product on the market, but the manufacturer may also be pursued through recourse claims.
  • Documentation, temperature monitoring, stocktakes and records are statutory obligations necessary to demonstrate compliance with hygiene standards.
  • The most common mistakes lead to goods being blocked, administrative proceedings, court disputes over damages, and reputational harm.

Legal framework for storage and expiry periods

Storing food supplements and managing their shelf life is not merely a logistics matter. It involves legal obligations which, as of 2026, are set primarily by:

  • a key regulation defining the obligations of food business operators, prohibitions and sanctions.
  • sets out general hygiene requirements for premises, storage and handling (the HACCP system).
  • requirements for providing food information to consumers, including rules on indicating the best-before date and the use-by date.
  • governs liability for damage caused by a defective product and liability for personal injury.

The key point is that liability is not transferable. The law creates a chain of liability. If you are addressing how to allocate responsibility within the supply chain (manufacturer–distributor–warehouse–e‑shop) and communication with SZPI, a consultation within healthcare law may help. In practice, this means that you, as a warehouse operator or seller, are subject to supervision by the State Agricultural and Food Inspection Authority (SZPI) in the Czech Republic and may face fines, measures, or lawsuits from consumers.

What proper storage means from a legal perspective

Legal regulations require the implementation of permanent procedures based on HACCP principles and compliance with proper hygiene and distribution practice.

Physical conditions:

  • Temperature, humidity and light conditions must correspond to the information stated by the manufacturer on the packaging or in the technical documentation.
  • The warehouse must be clean, protected against pests (rodent control, insect control), with adequate ventilation.
  • Food supplements must be stored separately from substances that could contaminate them (cleaning agents, chemicals).
  • Protection against cross-contamination and damage to packaging must be ensured.

Documentation obligations:

  • Traceability: Records of from whom the food was received and to whom it was supplied, including delivery dates and batches.
  • Temperature monitoring: Regular records of warehouse temperatures demonstrating continuous compliance with the temperature chain.
  • Stock records: An overview of stored goods, their batches and shelf-life dates.
  • Sanitation plan: Records of cleaning performed and pest control checks.

Shelf-life control:

  • Systematic segregation of products past their best-before date (DMT).
  • Immediate removal of products past their use-by date or products that are not safe.
  • Documented disposal of unsaleable goods in accordance with the Waste Act.

Many e-shop operators mistakenly believe that air conditioning in the room is sufficient. In reality, however, you are required to have documentation proving the stability of conditions, which you will present during an SZPI inspection. For broader context on how authorities assess which authority is the supervisory body for a given product, the overview how to tell whether your product falls under SÚKL, SZPI or ČOI is useful.

Who is responsible and what risks you face

Legal liability in this case is multi-layered. If you breach obligations in storage or placing products on the market, the Food Act provides for:

  • A fine of up to CZK 50 million.
  • Measures such as a ban, an order to withdraw from the market, or closure of the establishment.
  • An obligation to reimburse the costs of analyses and additional inspections.

If you sell a defective or unsafe food supplement and the consumer suffers harm to health or property, you are liable under the Czech Civil Code.

Liability lies with the party placing the food on the market in the Czech Republic or under whose name it is sold. However, you may seek recourse compensation for damages from your supplier if you prove that the defect already existed at the time of acceptance. For asserting recourse, it is often crucial to have well-structured supply contracts and handover protocols, which also relates to the agenda of contracts and negotiations.

This requires precise handover protocols and checks upon receipt.

Related questions

1. What if a customer returns an expired supplement as part of a complaint?
As the seller, you are responsible for ensuring that the item has no defects upon acceptance and that it retains its properties throughout its shelf life. If the customer proves that expired or spoiled goods were delivered, they are entitled to a replacement, a discount, or withdrawal from the contract. If, as a result of consumption, they suffer health issues, liability for harm applies.

2. Is it possible to relabel the expiry date if the product is fine?
No. Altering information on the packaging, including the expiry date, misleads the consumer and constitutes a serious breach of the Food Act, for which substantial fines may be imposed. It may also constitute a criminal offence of harming the consumer or fraud.

3. Is there any deadline for disposing of goods? Can I store them longer?
Food that is not safe must be withdrawn from circulation without delay. Storing expired or unsafe goods among saleable stock without clear marking and segregation is a breach of hygiene regulations.

Potential issues

How ARROWS can help (office@arws.cz)

SZPI inspection and penalties: inspectors identify deficiencies in hygiene, temperatures, or labelling. A high fine may be imposed.

ARROWS attorneys will represent you in administrative proceedings, file objections to the inspection report and an appeal against the decision imposing the fine, with the aim of minimising the sanction.

Court dispute over compensation for health damage: a consumer claims the supplement caused health problems.

ARROWS will provide a defence in civil litigation, assess causation and challenge unjustified claims or their amount.

Recourse claim against the supplier: the manufacturer refuses to acknowledge a complaint regarding a defective batch.

ARROWS attorneys will prepare a pre-action demand letter and, if necessary, a claim for damages, supported by your documentation.

Immediate withdrawal from the market (recall): the authority orders the product to be withdrawn from the market due to safety concerns.

ARROWS will assist with crisis communication with the authority, assessing the proportionality of the measures and handling subsequent legal steps.

Insurance indemnity: the insurer refuses to pay under liability insurance, citing breaches of regulations.

ARROWS attorneys will analyse the insurance policy and conduct negotiations with the insurer to secure payment of the insurance indemnity.

Documentation as the basis of legal protection

In an inspection or a dispute, the rule is that what is not documented in writing did not happen. The burden of proof that obligations were complied with often lies with the operator. What you must have available:

  1. Proof of origin (traceability) – delivery notes or invoices enabling identification of the supplier of each batch.
  2. Temperature records – history of temperature measurements in the warehouse.
  3. Best-before date records – an inventory management system.
  4. Sanitation log – records of cleaning and pest-control measures.
  5. Disposal documentation – confirmation of handover of waste to an authorised person.
  6. HACCP system – documentation of critical control points demonstrating risk control.

Without these documents, you risk being unable to refute the claims of the inspection authority or the claimant. Our attorneys in Prague can help you audit your existing processes to avoid future issues.

Related questions

1. Do records have to be kept on paper?
No, an electronic form is fully acceptable and often preferred, provided its credibility and data immutability are ensured. Automatic data loggers eliminate human error.

2. How long should documentation be retained?
The Czech Food Act and tax regulations require different retention periods; in general, we recommend keeping traceability and safety documents at least for the product’s shelf life plus 6 months. However, from the perspective of liability for damage and limitation periods, archiving for 3 to 5 years is safer.

Best-before date vs. use-by date

The law strictly distinguishes between two terms, which has a fundamental impact on marketability.

  • “Use by”: Used for foods that spoil quickly. After this date, the food is considered unsafe and must not be placed on the market.
  • “Best before”: Common for most food supplements. After this date, the manufacturer does not guarantee sensory properties, but the food may still be safe.

Under the Czech Food Act, foods past their best-before date may be placed on the market if they are safe for health, are offered separately from other goods, and are clearly labelled.

Although the law allows it, many platforms and contracts with manufacturers prohibit sales after the best-before date. If you do not meet the statutory conditions—for example, if you do not label and separate them—you commit an administrative offence.

Chain of liability: manufacturer, distributor, you

Food business operates in a chain, and each link has its responsibility. The manufacturer is responsible for composition and safety, the distributor for storage conditions, and you as the seller are responsible for checking expiry dates and selling to the end consumer.

If a consumer asserts rights from defective performance against you, you must handle the claim. However, you may subsequently seek recourse against your supplier if you prove that the defect arose on their side.

Our attorneys in Prague can help you set up supplier contracts so that your position for any recourse claim is as strong as possible.

Practical steps to ensure legal certainty

To minimise risks, we recommend carrying out a physical stocktake and checking best-before dates for all items. Also check that thermometers are functioning properly and separate and label all goods past their best-before date.

In the coming weeks, implement or review your HACCP system and train employees on basic hygiene requirements and product handling. In the long term, focus on regular legal and process audits and digitisation of warehouse records.

ARROWS law firm in Prague can assist with preparing internal policies, contracts, and dispute resolution.

Final summary

Storing food supplements is a regulated activity subject to strict supervision. It is not only about selling the goods, but proving that they were safe throughout. Breaches of the rules lead to high fines that can be devastating for a smaller company.

The key to safety is prevention: proper documentation, compliance with temperature chains, and understanding the difference between types of expiry dates. The attorneys at ARROWS law firm in Prague (office@arws.cz) specialise in food law and will help you ensure your business stands on solid legal foundations under Czech legislation.

FAQ

1. Do I need to have my warehouse approved by the hygiene authority?
A food business operator is required to notify the competent supervisory authority (SZPI) of the commencement of activities no later than on the day the activity begins. The premises must meet the general hygiene requirements under Regulation (EC) No 852/2004.

2. What if my distributor delivered supplements shortly before expiry?
It depends on the content of the purchase agreement. If no minimum remaining shelf life upon delivery was agreed and the goods are still within the period, the performance is legally compliant. We recommend contractually addressing the so-called shelf life upon receipt of goods.

3. Is the seller responsible for the text on the packaging from the manufacturer?
Yes, as a distributor you must not supply foods that you know or should know do not comply with the requirements for food information. SZPI may fine the seller for misleading labelling on the packaging even if it was created by the manufacturer.

4. Who inspects e-shops selling food supplements?
The primary supervisory authority is the State Agricultural and Food Inspection Authority (SZPI). It also carries out so-called online test purchases.

5. Is standard business liability insurance sufficient?
Standard insurance often excludes damage caused by a product defect or by withdrawal of a product from the market (recall). We recommend consulting a broker about specialised insurance for the food sector; ARROWS attorneys can review the exclusions in the policy.

Disclaimer: The information contained in this article is of a general informational nature only and is intended to provide basic guidance on the issue based on the legal situation 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, and for maximum client protection we are insured for professional liability with a limit of CZK 400,000,000. To verify how this applies to your specific situation, please contact ARROWS advokátní kancelář directly (office@arws.cz).

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