– This is the only source of income for my family. Someone came to me, accused me of something terrible and disappeared – comments the entrepreneur. After a seven-year court battle, the Supreme Administrative Court overturned the decision and remanded the case for reconsideration.
53-year-old Piotr Rudzki from Kielce has been producing tea for 19 years. He gained his knowledge and experience abroad, as well as money to start his own company. Mr. Piotr has been protecting himself from bankruptcy for the last 7 years. All this because of the actions of the officials.
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– My company was inspected by the Agriculture and Food Quality Inspection. And I was charged with food adulteration. I didn't even have a recipe for making teaWhich was also absurd, because as far as I know, there is no recipe on a stick of butter, how thick to spread a piece of bread – notes Mr. Piotr.
– They mentioned that Mr. Piotr used an expired product to make this particular tea. This is not true because on the production date of the particular tea that is being disputed, all the ingredients were used within the expiration date – says Magdalena Pustol, representative of Mr. Piotr.
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– The manufacturer is responsible for the shelf life. This is based on professional experience and good practice. It is good if it is supported by storage tests, which we have been doing since the beginning of the company's existence. In addition, another office – The sanitary-epidemiological station conducted an inspection of exactly the same aspect 5 months earlier and drew completely opposite conclusions. The sanitary inspection checks me regularly – adds Piotr Rudzki.
Supposedly the broken rule… doesn't exist
Mr. Piotr tried to explain the matter. For many months, he was looking for a regulation, on the basis of which the inspectors punished, fined and stopped the production. It turned out that the allegedly violated rule… does not exist. The case went to court.
– There is no regulation that requires a given product to have an expiration date according to the shortest ingredient expiration date – explains Magdalena Pustol, representative of Mr. Piotr.
– It was eight packets of green tea. I requested and asked for this to be resolved with further audit recommendations. It absolutely denied me. I have loans, I have leasing. I put in my life's work. I had to leave the country, earn money and come back here – adds Mr. Piotr.
Wrong name for tea? The regulation does not specify
Marek Plakhta was also punished by the same office. The fine is 3000 PLN. Officials are currently conducting further investigations against him. Here the fine can be up to PLN 320,000.
– Ladies got used to the “raspberry power” of tea. The ladies proved that there is very little fruit in tea and it cannot be called “raspberry power”. And we were accused of falsifying the product. It should consist of This is a misnomer for tea. The regulation does not say anything about the percentage of raspberries – says tea producer Marek Plachta.
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On December 5, the Supreme Administrative Court annulled the appealed decision. Earlier decisions were also overruled. Kezary Kowalski of the Kielce Agriculture and Food Quality Inspection said that the inspection has not yet received the letter of judgment, so it will not comment.
The Supreme Administrative Court referred Mr. Piotr's case for retrial. However, both entrepreneurs fear further scrutinyi) They may cause their companies to go bankrupt.
– This is not an isolated caseThat this case goes to the office that made the wrong decision. The same office will later handle the same case, notes Michal Otreba from the association Niepokonani 2012.
– I just wish this judgment would be some kind of reflection for the other side. To think that there is someone's life on the other side of the red stamp – adds Piotr Rudzki, a tea grower.
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