Decree No. 2003-751 Of 1 August 2003 Amending Decree No 86 - 1037 Of 15 September 1986 On The Implementation Of The Law Of 1 August 1905 On Frauds And Falsifications In Respect Of Products Or Services In Relation To The Products And S...

Original Language Title: Décret n° 2003-751 du 1er août 2003 modifiant le décret n° 86-1037 du 15 septembre 1986 portant application de la loi du 1er août 1905 sur les fraudes et falsifications en matière de produits ou de services en ce qui concerne les produits et s...

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Summary Transposition of directive 2002/32/EC of the European Parliament and of the Council of 07-05-2002 on undesirable substances in animal feed. This order is taken on the basis of art. L. 214-1 of the code of consumption, which provides "that it will be held by decrees on measures to be taken to ensure the implementation of chapters II to VI of this title" (of the code of consumption). It amends Decree 86-l 037 above concerning the application of the Act, 01-08-1905 on frauds and falsifications in products or services in relation to products and substances intended for animal feed. This decree aims to transpose into french law:-directive 2002/2/EC of the European Parliament and of the Council of 28 / 01 / 2002 amending directive 79/373/EEC of the Council on the marketing of compound feedingstuffs and repealing Commission directive 91/357/EEC; -directive 2001/46/EC of the European Parliament and of the Council of 23-07-2001 amending directive 95/53/EC of the Council laying down the principles governing the organisation of official inspections in the field of animal nutrition and directives 70/524/EEC, 96/25/EC and 1999/29/EC of the Council on food animal. It also allows to take into account certain changes made by directive 2002/32/EC on undesirable substances in animal feed. This text thus introduced the following changes: labelling requirements (directive 2002/2/EC): the indication of the detailed composition of the compound feedingstuffs intended for animals is obligatory: raw materials should be listed and their percentage of incorporation in the feedingstuff must be specified. This text also requires the indication of the composition of foods for all pets (and not only to dogs and cats), at least in the form of categories. The mention of the reference number of the lot becomes mandatory in a systematic way. Obligation to provide information (directive 2001/46/EC): the animal food sector operators must inform the competent authorities if they have knowledge of products intended for non-conforming feedingstuffs or exceeding the levels of undesirable substances laid down by order and thus presenting a risk to human or animal health or the environment. Undesirable substances (directive 2002/32/EC): the possibility that existed, for approved animal feed manufacturers, to use for the manufacture of compound feedingstuffs, raw materials having levels of undesirable substances making them unfit for direct animal consumption, is removed. Modification of the art. 6, 10, 15, 16, 21 and repeal of art. 16 2 of the above-mentioned Decree.
Keywords economy, food, consumption, consumer PROTECTION, nutrition HUMAINE, power animal, staple food, marketing, labelling, TRANSPOSITION of EC DIRECTIVE, harmonization European JORF n ° 180, August 6, 2003 page 13571 text no. 41 Decree No. 2003-751 of 1 August 2003 amending Decree No. 86-1037 September 15, 1986 on the application of the law of 1 August 1905 on frauds and falsifications in products or services in relation to the products and substances animal feed NOR: ECOC0300025D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/8/1/ECOC0300025D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2003/8/1/2003-751/jo/texte Prime Minister, on the report of the Minister of economy, finance and industry, having regard to Council directive 70/524/EEC of the Council of 23 November 1970 concerning additives in animal nutrition, as amended by directive 2001/46/EC;
Having regard to Council directive 79/373/EEC of the Council of the European communities of 2 April 1979 on the marketing of compound feedingstuffs, as amended by directive 2002/2/EC;
Having regard to directive 95/53/EC of the Council of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition, as amended by directive 2001/46/EC;
Having regard to directive 96/25/EC of the Council of 29 April 1996 on the circulation and use of raw materials for animal feed, as amended in particular by directive 2001/46/EC;
Having regard to directive 1999/29/EC of the Council of 22 April 1999 on the undesirable substances and products in animal nutrition, as amended by directive 2001/46/EC;
Having regard to directive 2001/46/EC of the European Parliament and of the Council of 23 July 2001 amending Council directive 95/53/EC fixing the principles governing the Organization of official inspections in the field of animal nutrition and directives 70/524/EEC, 96/25/EC and 1999/29/EC of the Council on animal feed;
Having regard to directive 2002/2/EC of the European Parliament and of the Council of 28 January 2003 amending directive 79/373/EEC of the Council on the marketing of compound feedingstuffs and repealing Commission directive 91/357/EEC;
Having regard to directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed;
Having regard to the code of the consumption, particular articles L. 214 - 1 and L. 214 - 2;
Mindful of Decree No. 73-1101 of 28 November 1973 as amended concerning the application of the law of 1 August 1905 on the Suppression of fraud in the sale of goods and the falsifications of foodstuffs, in which respect of additives for use in animal nutrition;
Considering Decree No. 86 - 1037 September 15, 1986 as amended concerning the application of the law of 1 August 1905 on frauds and falsifications in products or services in relation to products and substances intended for animal feed;
Having regard to the opinion of the French food safety agency dated February 14, 2003;
The Council of State (finance section) heard, enacts as follows: Article 1 more on this article...

The second paragraph of article 6 of the Decree of 15 September 1986 referred to above is deleted.


Article 2 more on this article...

To the a in article 10 of the same Decree, after the words: "materials for animal feed", the rest of the paragraph is deleted.


Article 3 read more on this article...

In the g in article 10 of the same Decree, the reference to article l 235 - 1 of the rural code is deleted.


Article 4 more on this article...

The first four paragraphs of the d of article 15 of the order are replaced by the following: "d) list of all the raw materials used in the composition of compound feedingstuffs for animals, listed under their specific name.
Raw materials for feedingstuffs, as listed in annex I, shall be indicated under the designations given in this annex when ' they correspond to the characteristics defined in this annex. Otherwise, these determinations cannot be used.
The enumeration of raw materials for food animals is subject to the following rules: 1. for compound feedingstuffs intended for animals other than pets: enumeration of raw materials for feedingstuffs, with indication, in order of descending, of the percentages by weight present in the food compound with a margin of tolerance of 15% more or less over the value reported;
2. for compound feedingstuffs intended for pets: list of contents first for feedingstuffs with an indication of the contained quantity or listing of materials first in order of decreasing weight. ' Article 5 more on this article...

To the j of article 15 of the same Decree, the words: "If the date of manufacture is not indicated' are deleted.


Article 6 read more on this article...

A the following paragraph k of article 15 of the same Decree, after the words: "lot reference number", are added the words: "and the approval or registration number of the manufacturer as defined in the preceding paragraph.


Article 7 read more on this article...

The c and g of article 16 of the same Decree are removed.


Article 8 more on this article...

Article 16-2 of the order is repealed.


Article 9 read more on this article...

Article 21 of the order is replaced by the following: «art.» 21 - the leaders of companies or establishments in the animal feed sector, or their delegates, transmit immediately to the prefect of the Department of the place of exploitation (departmental Directorate of competition, consumption and repression of fraud) any information that they are likely to have on a lot of products intended for animal feed, that they have imported into the territory of the European Community offered for sale, sold or distributed free of charge, that they hold or which they own, and allowing them to conclude that this lot includes a product: "-which exceeds the levels in undesirable substances and products laid down by order referred to in article 4 of this Decree beyond which the product should no longer be distributed such to animals or mixed with other products for animal feed. "- or is not compliance with the Decree of November 28, 1973, referred to above, in this order, the arrangements for their application, as this product, due to this failure, presents a serious risk to human health, animal health or the environment.

"The parties concerned provide all information enabling a precise identification of the product or batch of products in question, as well as when it is possible a description of the risk posed by the product concerned, and all the information available, useful to trace this product. They also inform the competent authorities measures possibly taken to prevent risks to human health, animal health or the environment, by providing a description of these measures.
"The same obligations apply professionals tracking health farms and those responsible for laboratories carrying out analyses."


Article 10 more on this article...

The marketing of feedingstuffs for animals that have been labeled before November 6, 2003 and which conform to the requirements of articles 15 and 16 of the Decree of 15 September 1986 referred to above as applicable before the entry into force of this Decree shall be permitted until stocks are exhausted.


Article 11 read more on this article...

The provisions of articles 1 and 2 of this order shall apply as of August 1, 2003, those of articles 3 to 7 from 6 November 2003.


Article 12 read more on this article...

The keeper of the seals, Minister of justice, the Minister of economy, finance and industry, the Minister of health, family and disabled persons, the Minister of agriculture, food, from fishing and Rural Affairs and the Secretary of State for small and medium enterprises, trade, crafts, professions and the consumer are responsible , each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on August 1, 2003.
Jean-Pierre Raffarin by the Prime Minister: the Minister of economy, finance and industry Francis Mer the keeper of the seals, Minister of justice, Dominique Perben the Minister of health, family and disabled persons, Jean-François Mattei the Minister of agriculture, food, from fishing and Rural Affairs Hervé Gaymard the Secretary of State for small and medium-sized enterprises trade, crafts, professions, and consumption, Renaud Dutreil

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