As part of a general policy to remove unnecessary barriers to businesses, the government plans to ease the obligation on sellers to indicate prices of offered products and services.
The new legislation abolishes the requirement to indicate the price directly on the product (on a tag or a barcode) and to display the price separately on the shop sign next to the product. The government argues that current provisions are too strict compared to Directive 98/6/WE and unprofitable both for consumers and sellers as tagging each product needs more time and staff, which results in higher prices.
The Act on the indication of product and service prices, drafted by the Ministry of Finance, stipulates the sellers’ duty to provide clear details about the product or service price only in the location where a sale of a product or a service takes place, in a way that allows the client to compare prices. The information shall include the selling price (final price for a unit of the product including taxes), unit price (final price, including taxes, for a single unit of quantity e.g. for one kilo, liter, meter etc.), trade name and can be displayed in particular on a separate tag, price list or in a catalogue.
There are additional requirements in regard to lower-priced products or services and for sellers who use electronic price verification systems (barcodes). Information about the discount prices shall include the term “sale” (or equivalent), the reason of the reduction, the crossed-out previous price, new price and the period of time that the sale is binding.
To avoid any negative consequence for consumers the government plans to broaden consumer protection. In case of any variance between provided prices the sellers will be obliged to sell the product or service at the lower price on the customer’s demand. Sellers who do not properly indicate the price will face stricter penalties. The maximum fine applied by the Trade Inspection on such sellers is to be increased to PLN 20,000 (c. € 5,000) or if the infringement takes place at least three times in one year – up to PLN 40,000 (c. € 10,000).
Currently, the draft of the Act on the indication of product and service prices is in the initial phase of inter-ministerial consultations.