Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Agriculture and Fisheries,
Having regard to the Constitution, in particular article 38;
Having regard to Council Regulation (EC) No. 2377/90 of 26 June 1990 as amended establishing a community procedure for setting the maximum limits of residues of veterinary drugs in foods of animal origin;
Having regard to Regulation (EC) No. 999/2001 of the European Parliament and the amended Council of 22 May 2001, setting out the rules for the prevention, control and eradication of certain communicable spongiform encephalopathies;
Considering the amended Regulation (EC) No. 178/2002 of the European Parliament and Council of 28 January 2002 establishing the general principles and requirements of food legislation, establishing the European Food Safety Authority and establishing procedures for food safety;
Having regard to Regulation (EC) No. 1774/2002 of the European Parliament and the amended Council of 3 October 2002 establishing sanitary rules applicable to animal by-products not intended for human consumption;
Having regard to Commission Regulation (EC) No. 2295/2003 of 23 December 2003 as amended establishing the terms and conditions for the application of Council Regulation (EEC) No. 1907/90 concerning certain marketing standards applicable to eggs;
Considering Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 concerning the hygiene of foodstuffs;
Considering Regulation (EC) No 853/2004 of the European Parliament and the amended Council of 29 April 2004, setting out the specific rules of hygiene applicable to foodstuffs of animal origin;
Having regard to Regulation (EC) No 854/2004 of the European Parliament and the amended Council of 29 April 2004, setting out the specific rules for the organization of official controls concerning products of animal origin intended for human consumption;
Having regard to amended Regulation (EC) No 882/2004 of the European Parliament and Council of 29 April 2004 on the official controls carried out to ensure compliance with animal and food legislation and the provisions on animal health and animal welfare;
Considering Commission Regulation (EC) No. 37/2005 of 12 January 2005 on temperature control in the means of transport and storage and storage of frozen food for human food;
Having regard to Regulation (EC) No. 183/2005 of the European Parliament and the Council of 12 January 2005 establishing requirements for animal health;
Having regard to Council Directive 91/496/EEC of 15 July 1991 establishing the principles relating to the organization of veterinary controls for animals from third countries introduced into the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC;
Having regard to Council Directive 97/78/EC of 18 December 1997 setting out the principles for the organization of veterinary controls for products from third countries introduced into the Community;
Considering the consumer code, including title I of his book II;
Considering the Customs Code;
Considering the environmental code;
Considering the criminal code;
Considering the Code of Criminal Procedure;
Considering the rural code, including books II and VI;
Considering the Public Health Code;
Having regard to Act No. 2006-11 of 5 January 2006 on agricultural orientation, including Article 71;
Considering the opinion of the French Food Safety Agency dated 21 July 2006;
The Council of State heard;
The Council of Ministers heard,
Order:
I. - It is inserted, after article L. 211-19 of the rural code, an article L. 211-19-1 as follows:
"Art. L. 211-19-1. - It is forbidden to let domestic animals and wild animals be tamed or held in captivity. »
The second paragraph of Article L. 211-20 of the Rural Code is replaced by the following paragraphs:
"The mayor gives notice to the owner or guardian of the animals of the provisions implemented.
"If the animals are not claimed, they are considered abandoned and the mayor is either euthanasia, or for sale in accordance with the provisions of Article L. 211-1, or for assignment, free of charge, to a foundation or an animal protection association recognized as public utility or declared. The costs resulting from all measures taken are borne by the owner or guardian of the animals.
"If the owner or guardian of the animals remains unknown, the mayor authorizes the manager of the place of deposit to take one of the measures listed above. »
The first paragraph of Article L. 215-5 of the Rural Code is deleted.
The last sentence of the IV of Article L. 214-23 of the Rural Code is replaced by the following sentence: "In the event of an emergency, these officials and agents may order the removal of the animals and place them in a place of deposit that they designate for that purpose or entrust them to a foundation or association of recognized animal protection of public utility or declared, pending the judicial measure provided for in the first paragraph of Article 99-1 of the Code. This is referred to in the minutes. »
Section 99-1 of the Code of Criminal Procedure is amended to read:
I. - In the first paragraph, the words: "and that it designates, until it has ruled on the offence" are replaced by the words: "or entrust it to a recognized foundation or animal protection association of public utility or declared."
II. - At the end of the first paragraph, the following sentence is added: "The decision refers to the place of placement and applies until it has been decided on the offence. »
Section 521-1 of the Penal Code is amended to read:
I. - The second preambular paragraph is replaced by the following:
"In the event of a conviction of the owner of the animal or if the owner is unknown, the court shall rule on the fate of the animal, whether or not it was placed during the court proceedings. The court may declare the confiscation of the animal and provide that it will be handed over to a foundation or association of recognized animal protection of public or declared utility, which may freely dispose of it. »
II. - After the second paragraph, the following paragraphs shall be inserted:
"People who are guilty of the offences set out in this section shall also be subject to additional penalties for the prohibition, either definitively or not, of holding an animal and for a period of not more than five years of professional or social activity as long as the facilities provided for this activity have been knowingly used to prepare or commit the offence. However, this prohibition is not applicable to the exercise of an elective mandate or union responsibilities.
"The legal persons, who are declared criminally responsible under the conditions provided for in article 121-2 of the Criminal Code, shall be liable for the following penalties:
" - the fine in accordance with the terms provided for in Article 131-38 of the Criminal Code;
" - the penalties provided for in 2°, 4°, 7°, 8° and 9° of Article 131-39 of the Criminal Code. »
III. - In the fifth paragraph, the words "in the first paragraph" are replaced by the words "in this article".
In section L. 213-6 of the rural code, the words "Veterinary Inspector" are replaced by the words "agent having the quality of official veterinarian under Article L. 231-2 V".
In sections L. 214-19, L. 221-5, L. 234-1, L. 234-3 and L. 234-4 of the rural code, the words: "Veterinary inspectors" are replaced by the words: "agents with the quality of official veterinarians under the V of section L. 231-2".
The second paragraph of Article L. 221-4 of the Rural Code is replaced by the following:
"At the end of this period, the animal is shot down.
"In the absence of identification elements to establish the age and origin of the animal, agents with the quality of official veterinarians under section L. 231-2 shall seize and remove the human or animal consumption of meats that are derived from the slaughter.
"These measures also apply if the equine identification document declares it not intended for slaughter for human consumption or if, when the animal is intended for human consumption, this document does not include the elements required by the drug treatment regulations. »
Article L. 221-13 of the Rural Code is amended to read:
I. - In the first paragraph, the words: "the qualification of an official veterinarian to" are replaced by the words: "the qualification of a veterinarian certifying to a veterinarian".
II. - In the first paragraph, after the words: "Directors", is added the word "Departmental".
III. - After the first preambular paragraph, a new preambular paragraph is inserted:
"These veterinarians have the quality of "official veterinarians within the meaning of community regulations for the exchange and export of living animals. »
In the fourth paragraph of Article L. 226-3 of the Rural Code, the words "delivery" are replaced by the words "of attribution and withdrawal".
Article L. 231-1 of the Rural Code is replaced by the following provisions:
"Art. L. 231-1. - I. - The general requirements of the food hygiene legislation and the sanitary rules applicable to food sector operators, animal by-products and animal feed sector are defined by the II of Article L. 221-4, Chapter VI of Title II and this title or by community regulations and decisions within the scope of the above-mentioned provisions.
“II. - In the interests of public health protection, it must be done:
« 1° Official control of living animals belonging to species whose flesh or products are intended for human or animal food and their production conditions;
« 2° In the official control of the conditions of slaughter of animals mentioned in 1° above;
« 3° Official control of animal products, food in containers, animal by-products and animal foods;
« 4° The official determination and control of the conditions of hygiene in which products of animal origin, foodstuffs in containers, animal by-products and animal foods are prepared, processed, preserved or disposed of, in particular when transporting and marketing;
« 5° To the official control of the implementation of good hygiene practices and systems for the analysis of hazards and critical points to control them, pursuant to Article 10 of Regulation (EC) No 882/2004 of the European Parliament and the Council of 29 April 2004. »
Section L. 231-2 of the Rural Code is replaced by the following provisions:
"Art. L. 231-2. - I. - are authorized to exercise the controls referred to in Article L. 231-1:
« 1° Veterinary Public Health Inspectors;
« 2° Engineers of rural engineering, water and forests with the status of civil servants;
« 3° Engineers of agriculture and the environment;
« 4° The superior technicians of the department of agriculture services;
« 5° Health controllers of the Ministry of Agriculture services;
« 6° Public servants and non-public health officials on a list prepared by order of the Minister for Agriculture;
« 7° Veterinarians, health monitors and state contractual health workers for missions defined in their contract;
« 8° The Maritime Affairs Officers, the Maritime Affairs Inspectors, the Technical and Administrative Corps of Maritime Affairs Officers, the Maritime Affairs Officers, the Marine Unions, for official controls related to the production of live shells.
“II. - These agents carry out their duties on animals, animal products or food by means of containing, on animal by-products and on animal feeds, on veterinary medicines and on the substances or preparations referred to in Article L. 234-2 for animals, both when they enter France and within the territory, as well as on documents held by operators of the food sector or the animal food sector.
"III. - In addition to the officers and judicial police officers acting in accordance with the Code of Criminal Procedure, the officers mentioned in 1° to 8° of the I, sworn in under the terms defined by decree, are entitled to seek and observe, in the exercise of their functions, the offences:
« 1° The provisions of Article L. 221-4, Chapter VI of Title II and Chapters I to VI of this title and those of the texts taken for their execution;
« 2° To the provisions of the community regulations listed below within the scope of the provisions referred to in 1° as well as to those of the community regulations and decisions amending or making them for their application:
" - Council Regulation (EEC) No. 2377/90 of 26 June 1990 amended establishing a community procedure for setting maximum limits of residues of veterinary drugs in foods of animal origin;
" - Regulation (EC) No 999/2001 of the European Parliament and the amended Council of 22 May 2001 setting the rules for the prevention, control and eradication of certain communicable spongiform encephalopathies;
" - Regulation (EC) No 178/2002 of the European Parliament and the Council of 28 January 2002 amended establishing the general principles and general requirements of food legislation, establishing the European Food Safety Authority and establishing procedures for food safety;
" - Regulation (EC) No. 1774/2002 of the European Parliament and the amended Council of 3 October 2002 establishing sanitary rules applicable to animal by-products not intended for human consumption;
" - Regulation (EC) No 852/2004 of the European Parliament and the Council of 29 April 2004 concerning the hygiene of foodstuffs;
" - Regulation (EC) No 853/2004 of the European Parliament and the modified Council of 29 April 2004 setting the specific rules of hygiene applicable to food of animal origin;
" - Regulation (EC) No 854/2004 of the European Parliament and the modified Council of 29 April 2004 setting the specific rules for the organization of official controls concerning products of animal origin intended for human consumption;
" - Regulation (EC) No 882/2004 of the European Parliament and of the amended Council of 29 April 2004 on the official controls carried out to ensure compliance with animal and food legislation and with provisions relating to animal health and animal welfare;
" - Commission Regulation (EC) No. 37/2005 of 12 January 2005 on temperature control in means of transport and storage and storage of frozen food for human food;
" - Regulation (EC) No 183/2005 of the European Parliament and the Council of 12 January 2005 establishing requirements for animal health;
" - Commission Regulation (EC) No. 2295/2003 of 23 December 2003 as amended establishing the terms and conditions for the application of Regulation (EEC) No. 1907/90 concerning the marketing standards applicable to eggs;
« 3° The provisions of the regulations and community decisions mentioned by the decree in the Council of State provided for in Article L. 231-6.
"IV. - Agents belonging to the categories listed in 1° to 7° of the named I may receive from the Minister responsible for agriculture a territorial jurisdiction exceeding the limits of the department where they are assigned and which may extend to the entire national territory.
"V. - Agents belonging to the categories listed in 1° to 7° of the I who hold a diploma referred to in Article L. 241-2 have the quality of "officials within the meaning of Regulation (EC) No 854/2004 of 29 April 2004 when they are placed under the authority of the departmental director of veterinary services, the director of veterinary services or the general manager of the food of the Ministry of Agriculture. »
Section L. 231-2-1 of the Rural Code is amended to read:
I. - I is replaced by the following:
"I. - For the performance of their duties, the officers referred to in Article L. 231-2:
« 1° Access to slaughterhouses and their annexes as well as to all places used for professional purposes where products of animal origin, food in containers, animal feeds or animal by-products are produced, worked, processed, manipulated, stored, destroyed or offered for sale by any person subject to official controls under section L. 231-2.
"They may enter it between 8 and 20 hours or, outside of these hours, at any time when access is allowed to the public or where one of the activities defined above is in progress.
"When the premises are also for use in housing, these controls can only be carried out between 8 a.m. and 8 p.m. and with the permission of the Judge of Freedoms and Detention of the High Court in which they are located if the occupant opposes it;
« 2° Access, at any time of day and night, to places where live animals belonging to species whose flesh or products are intended for human or animal food are hosted and their annexes;
« 3° At any time of day and night, the control of the content and the loading and unloading of all means of transport for professional use carrying live animals, animal products, container foods or animal foods may be carried out;
« 4° Can request the communication, obtain or take a copy by any means and on any medium or make the seizure of professional documents of any kind, in a few hands that they are located, to facilitate the fulfilment of their missions and may collect, on site or on summons, any information or justification necessary for the controls;
« 5° Access, for the control of operations involving computer science, software and stored data, as well as the clear return of information to facilitate the fulfilment of their missions. They may request a transcript by any appropriate processing in documents directly usable for the purposes of control;
« 6° Can take samples for analysis. »
II. - The second is repealed.
After the first paragraph of Article L. 231-3 of the Rural Code, a sub-paragraph is inserted:
"These veterinarians have the quality of "accredited veterinary within the meaning of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004. The competent authority may designate them to assist in the official control of the conditions under which these animals are slaughtered and the meats resulting from their slaughter are processed, prepared, preserved and sold on the farm. »
The title of chapter I, section 2 of Book II title III of the Rural Code is replaced by the following title: "Delegation of control tasks".
Section 2 of Chapter I of Book II of the Rural Code, reinstated an article L. 231-4 as follows:
"Art. L. 231-4. - I. - By derogation from the provisions of Article I L. 231-2, specific tasks related to the official controls provided for in Article L. 231-1, 1° to 5°, with the exception of the finding of offences, may be delegated to one or more supervisory bodies in accordance with Article 5 of Regulation (EC) No 882/2004 of Parliament and Council of 29 April 2004. A decree in the Council of State defines the nature of these tasks, the modalities of these delegations and the conditions to which the bodies of control must meet.
“II. - By derogation from the provisions of Article L. 231-2, slaughter personnel may be allowed to participate in official controls in accordance with Article 5 of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 in accordance with the terms defined by decree.
"III. - Derogatory procedures may be applied to the control of meat hygiene, in order to test new methods, in accordance with Article 17 of Regulation (EC) No 854/2004 of 29 April 2004 under conditions defined by decree. »
The first paragraph of Article L. 231-5 of the Rural Code is replaced by the following:
"A decree in the Council of State determines, as appropriate, the conditions for the application of the II of Article L. 221-4, Chapter VI of Title II and Chapters I to V of this title, with respect to animal products, foods in containers, animal feeds, or products of animal origin, and by-products of animal origin. »
Section L. 214-1 of the Consumer Code is amended to read:
I. - At 1°, the words: "the ones referred to in articles L. 231-1, L. 231-2 and L. 231-5 of the rural code" are replaced by the words: "the products of animal origin and the foodstuffs in containers, animal feeds and animal feeds containing products of animal origin".
II. - The 7th becomes an 8th.
III. - The 5° and 6° are replaced by the following:
« 5° The rules of hygiene to be followed by food and animal food operators at all stages of production, processing and distribution, including imports and exports, products and foodstuffs other than animal products and foodstuffs, and foodstuffs other than those of animal origin or containing products of animal origin;
« 6° The determination of the conditions in which are prepared, preserved, held for the sale or distribution on a free basis, put on sale, sold, served and transported products and commodities intended for human or animal food other than animal products, foodstuffs in containers, animal feeds and animal feeds containing products of animal origin, as well as the determination of the characteristics to which the equipment necessary for their preparation »
IV. - It is created a 7° as follows:
« 7° The conditions under which the microbiological and hygienic characteristics of goods intended for human or animal feed other than animal products and foodstuffs in containers, animal feeds and animal feeds containing products of animal origin are determined; »
V. - It is added a 9° as follows:
« 9° Traceability of the goods. »
Section L. 214-1-1 of the Consumer Code is repealed.
In Article L. 214-2 of the Consumer Code, the reference to Article L. 214-1-1 is deleted.
The 3rd of Article L. 215-1 of the Consumer Code is replaced by the following provisions:
« 3° The agents mentioned in 1° to 7° of Article L. 231-2 and I of Article L. 251-18 of the Rural Code. »
Section L. 215-2 of the Consumer Code is replaced by the following provisions:
"Art. L. 215-2. - The officers referred to in Article L. 215-1 are also entitled to seek and observe, under the conditions provided for in this book, the offences:
« 1° The regulatory provisions made pursuant to Article L. 231-1 II, Articles L. 231-5, L. 231-6, L. 236-1, L. 236-2 and L. 236-4 of the Rural Code, with the exception of those relating to primary production and slaughterhouses;
« 2° The provisions of the regulations below and community regulations that would modify or be made for their application:
" - Regulation (EC) No 178/2002 of the European Parliament and the Council of 28 January 2002 amended establishing the general principles and general requirements of food legislation, establishing the European Food Safety Authority and establishing procedures for food safety;
" - Regulation (EC) No 852/2004 of the European Parliament and the Council of 29 April 2004 concerning the hygiene of foodstuffs, with the exception of the provisions applicable to primary production and slaughterhouses;
" - Regulation (EC) No 853/2004 of the European Parliament and of the modified Council of 29 April 2004 setting the specific rules of hygiene applicable to food of animal origin, with the exception of the provisions applicable to primary production and slaughterhouses;
" - Regulation (EC) No 882/2004 of the European Parliament and of the amended Council of 29 April 2004 on the official controls carried out to ensure compliance with the legislation on animal food and food and with the provisions on animal health and animal welfare with the exception of the provisions applicable to primary production and slaughter;
" - Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 establishing requirements for animal health with the exception of the provisions applicable to primary production. »
After the article L. 215-2 of the Consumer Code, an article L. 215-2-1 is inserted as follows:
"Art. L. 215-2-1. - Pursuant to Article 10 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004, the agents referred to in Article L. 215-1 have the investigative powers provided for in this book to control the implementation of good hygiene practices and systems of risk analysis and critical points to control them. »
It is inserted after the article L. 215-2-1 of the Consumer Code, an article L. 215-2-2 as follows:
"Art. L. 215-2-2. - The agents referred to in Article L. 215-1 shall have the powers of investigation provided for in this book to control animal and non-animal food at their point of entry in the territory and when they are placed under one of the customs regimes referred to in Articles 2 and 3 of Article 15 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004. »
Article L. 215-3 of the Consumer Code is amended as follows:
I. - In the fourth paragraph, after the word "communication", the words are inserted: "and obtain or take a copy by any means and on any medium".
II. - After the fourth preambular paragraph, a new preambular paragraph reads as follows:
"For the control of computer-based operations, they have access to the stored software and data, as well as the clear return of information to facilitate the fulfilment of their missions. They may request a transcript by any appropriate processing in documents directly usable for the purposes of the control. They can take samples. They may collect, on site or on summons, any information or justification required for the controls. »
At 2° of Article L. 215-5 and 2° of Article L. 215-7 of the Consumer Code, the words: "foods referred to in Articles L. 231-1, L. 231-2 and L. 231-5 of the Rural Code" are replaced by the words: "foods of animal origin, foodstuffs in containers, animal feeds or products of animal origin".
After Article L. 215-14 of the Consumer Code, an article L. 215-14-1 is inserted as follows:
"Art. L. 215-14-1. - During the control of the mycotoxin content of food, the court shall give the experts the sealed samples retained by the laboratory according to the provisions of Article 163 of the Code of Criminal Procedure. »
Chapter II of title III of Book II of the Rural Code is replaced by the following:
“Chapter II
“Product provisions
"Art. L. 232-1. - Where an operator of the food sector or the animal feed sector has not complied with the obligations made by the provisions of Articles 19 or 20 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, the competent administrative authority may order, using, inter alia, information derived from the traceability procedures that the operator is required to make available to the operator, the destruction, withdrawal, consignation or recall
"Every operator who, having acquired or disposed of one or more elements of the lot, is aware of the decision of consignation or withdrawal, is required to inform the operator who provided the goods to him and those to whom he sold it.
"The costs resulting from the decision to designate, withdraw or recall, including the costs of transportation, storage, analysis and destruction, shall be borne by the operator referred to in the first paragraph, without prejudice to any remedies that may be exercised by the operator against third parties.
"Art. L. 232-2. - The terms and conditions under which, when the regulation of food security fails to be found, the expenses related to additional controls, as defined in Article 28 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004, are left to the owner or holder of the goods, food or animals referred to in Article L. 231-1 or the operator responsible for the breach are defined by decree. »
Article L. 233-1 of the Rural Code is amended to read:
I. - The words: "the regulations made for the purposes of section L. 231-1" are replaced by the words: "the provisions referred to in section L. 231-1 or the regulations made for their application".
II. - The words: "Veterinary inspectors authorized under section L. 231-2" are replaced by the words: "agents authorized under section L. 231-2".
III. - The word "order" is replaced by the words "may order".
Section L. 233-2 of the Rural Code is replaced by the following provisions:
"Art. L. 233-2. - Establishments that prepare, process, process, manipulate or store products of animal origin or foodstuffs in containers for human consumption are subject, as the case may be, to approval or authorization, when required by community regulations and decisions or by orders of the Minister for Agriculture. The approval or authorization is issued by the administrative authority.
"In the event of a lack of awareness of the health requirements set out in the Community Regulations and Decisions or by the Minister of Agriculture's orders referred to in the preceding paragraph, the administrative authority may suspend the approval or authorization by providing the holder with a time limit to correct the approval. If it is not remedied upon the expiry of the time limit, the approval or authorization shall be withdrawn. »
Article L. 234-1 of the rural code is amended as follows:
I. - In the first paragraph of II, the words: "Under the conditions provided for by the Minister for Agriculture" and the words: "preserved on site and" are deleted.
II. - The first paragraph of II is supplemented by the following sentence: "The terms and conditions for the establishment and detention of this register are defined by order of the Minister for Agriculture or by community regulations and decisions. »
III. - In the third, the words: "The Minister for Agriculture, by order" are replaced by the words: "When they are not set by community regulations or decisions, orders of the Minister for Agriculture set out".
IV. - In IV, the words: "keep their guard in the slaughterhouse and" are deleted.
After the first paragraph of Article L. 235-1 of the Rural Code, a paragraph shall be inserted:
"If they have reason to believe that an animal feed they have imported, produced, processed, manufactured or distributed does not meet the requirements for the safety of animal food, they immediately initiate the procedures for the withdrawal of the food market and inform the competent authorities. »
In article L. 235-2 of the rural code, the words "prefect" are replaced by the words "administrative authority".
It is inserted after the article L. 216-11 of the Consumer Code, an article L. 216-12 as follows:
"Art. L. 216-12. - The terms and conditions under which, when the regulation of food security fails to comply with the regulations, the expenses related to the additional controls, as defined in Article 28 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004, are left to the responsibility of the owner or owner of the goods or operator responsible for the breach are defined by decree. »
In Article L. 236-1, the first sentence is replaced by the following:
"To be introduced in metropolitan territory and overseas departments, live animals, animal products and by-products, animal feeds, pathogenic micro-organisms for animals and products that may be used to transport them must meet sanitary conditions or are related to the protection of animals established by the Minister for Agriculture or by community regulations or decisions. »
The first two paragraphs of Article L. 236-2 of the Rural Code are replaced by the following:
"In order to be intended for trade or export, the goods referred to in the first paragraph of section L. 236-1 must meet the sanitary or animal protection conditions established by the Minister for Agriculture or by community regulations or decisions; these conditions may include an approval of the operation, the grouping centre, the establishment or the physical person concerned.
"Agents who have the status of an official veterinarian under the V of section L. 231-2 and veterinarian certificates referred to in section L. 221-13 are empowered to establish and issue all certificates and documents certifying that live animals, products and by-products of animal origin and animal feeds are in accordance with the requirements set out in this section. »
In the first paragraph of Article L. 236-4 of the Rural Code, the words: "their products, animal or animal products, animal feed products" are replaced by the words: "the products and by-products of animal origin and animal feeds".
Article L. 236-5 of the Rural Code is amended to read:
I. - In the first paragraph, the words: "and their products, as well as animal or animal products, to products intended for animal feed" are replaced by the words: ", to products and by-products of animal origin, to animal foods,".
II. - The second paragraph is replaced by the following:
"In the event of a serious or repeated breach of the provisions of section L. 236-1 committed by a shipper or consignee company or any other person who participates in the exchange operation, the controls may include the quarantine of living animals or the consignation of products and by-products of animal origin, animal feeds, pathogenic microorganisms for animals or products that may be used by ministers, »
In article L. 236-7 of the rural code, the words: "or their products, as well as animal or animal products, to products intended for animal feed" are replaced by the words: "to products and by-products of animal origin, to animal foods. »
In article L. 236-8 of the rural code, after the words: "pre-recording with departmental veterinary services" are added the words: "or approval by the administrative authority".
Section L. 236-9 of the Rural Code is amended to read:
I. - The first paragraph is replaced by the following:
"When live animals, animal products and by-products, animal feeds, pathogenic micro-organisms for animals and products that are likely to convey them do not meet the conditions set out under section L. 236-1, the control officers provided for in sections L. 236-1 to L. 236-5 and L. 236-8 may prescribe:".
II. - At 2°, after the words: "food" are added the words: "food or animal food, their transformation".
After the article L. 217-1 of the Consumer Code, an article L. 217-1-1 is inserted as follows:
"Art. L. 217-1-1. - It is prohibited to hold for sale or distribution free of charge, to sell, to distribute, for free of charge, products whose import is prohibited by decisions taken pursuant to Article 18 of Council Directive 91/496/EEC of 15 July 1991 or Article 22 of Council Directive 97/78/EC of 18 December 1997 or which are not in conformity with the requirements that are not complied with. »
Under Book II of the Rural Code, chapter VII is inserted as follows:
“Chapter VII
"The control of the primary production of foodstuffs and products intended for animal feed or animal food of plant origin
“Section 1
“General provisions
"Art. L. 257-1. - The rules applicable to operators producing, at the stage of primary production, foodstuffs, foodstuffs or animal food of plant origin are defined by Regulation (EC) No 852/2004 of the European Parliament and Council of 29 April 2004 and by Regulation (EC) No 183/2005 of the European Parliament and the Council of 12 January 2005 or by the provisions of this chapter.
"Art. L. 257-2. - The officers referred to in I of Article L. 251-18 are authorized to conduct the necessary official controls for the application of the provisions of this chapter or of the Community regulations and decisions within their scope.
"Art. L. 257-3. - An order of the Minister for Agriculture defines the conditions under which the operators referred to in section L. 257-1 register with the administrative authority and keep the register provided by the regulations in force. They justify, at the request of the officers referred to in I of section L. 251-18, the verifications and controls they have performed.
"Art. L. 257-4. - The officers referred to in I of Article L. 251-18 are also entitled to seek and observe, under the conditions provided for in chapters II to VI of Title I of Book II of the Consumer Code, the offences:
« 1° To the provisions of this chapter;
« 2° The provisions of the community regulations listed below in the scope of the provisions mentioned in the 1st and those of the provisions amending or making them for their application:
" - Regulation (EC) No 178/2002 of the European Parliament and the Council of 28 January 2002 amended establishing the general principles and general requirements of food legislation, establishing the European Food Safety Authority and establishing procedures for food safety;
" - Regulation (EC) No 852/2004 of the European Parliament and the Council of 29 April 2004 concerning the hygiene of foodstuffs;
" - Regulation (EC) No 882/2004 of the European Parliament and of the amended Council of 29 April 2004 on the official controls carried out to ensure compliance with animal and food legislation and with provisions relating to animal health and animal welfare;
" - Regulation (EC) No 183/2005 of the European Parliament and the Council of 12 January 2005 establishing requirements for animal health;
« 3° The provisions of the regulations and community decisions mentioned by the decree in the Council of State provided for in Article L. 257-11.
"Art. L. 257-5. - For the exercise of their duties, the agents referred to in Article L. 251-18 I are also authorized to collect samples of plants, plant-based products or soils.
"Art. L. 257-6. - Where the person responsible for the primary production of foodstuffs or feeds for animals of vegetable origin within the meaning of paragraph 17 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 has not complied with the provisions of Articles 19 or 20 of that Regulation, the agents referred to in Article I L. 251-18 may order, using, inter alia, information derived from the procedures of measure
"Every operator who, having acquired or disposed of one or more batches, is aware of the decision to consign, withdraw or recall is required to inform the operator who provided the goods to him and those to whom he sold it.
"Art. L. 257-7. - The costs resulting from the administrative measures defined in section L. 257-6, including the costs of transportation, storage, analysis and destruction, shall be borne by the operator, without prejudice to any remedies that may be exercised by the operator against third parties.
"Art. L. 257-8. - When, due to a lack of knowledge of the general requirements of the food safety legislation or health regulations, an operation that produces food or animal food of plant origin presents or is likely to pose a threat to public health, the agents authorized under Article I of Article L. 251-18 may order the conduct of work, cleaning operations, self-training measures and other measures of remedial action.
"Art. L. 257-9. - The officers referred to in I of Article L. 251-18 are authorized to conduct official control of the implementation of good hygiene practices and procedures for the analysis of hazards and critical points to control them, pursuant to Article 10 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004.
“Section 2
" Implementing measures
"Art. L. 257-10. - By derogation from the provisions of Article L. 257-2, specific tasks related to the control of the general requirements of food legislation and sanitary rules may be delegated to one or more monitoring bodies in accordance with Article 5 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004. A decree in the Council of State defines the nature of these tasks, the modalities of these delegations and the conditions to which the monitoring bodies must meet.
"Art. L. 257-11. - When a regulation or decision of the European Community contains provisions that fall within the scope of this chapter, it is found, by decree in the Council of State, that this regulation or decision constitutes the enforcement measures. »
In article L. 251-18 of the rural code, after the word: "engineers" are added the words: "of rural engineering, water and forests, the engineers of agriculture and the environment and the inspectors of veterinary public health".
The IV of section L. 424-8 of the Environmental Code is replaced by the following:
"IV. - In addition to the provisions of I and III, the sale, transport for the sale, the sale, the detention for the sale and purchase of animals lawfully killed in hunting or dead from farms referred to in III must comply with the provisions relating to the traceability of the products provided for in Article 18 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 20021-3 and the animals must have been subject to official control »
Article L. 424-9 of the Environmental Code is supplemented by a paragraph as follows:
"Any assignment of this game is prohibited. »
Article L. 428-27 of the Environmental Code is supplemented by a paragraph as follows:
"The agents mentioned in the first two paragraphs of Article L. 428-20 may be registered, documents or means to know the origin of animals or pieces of animals held by any operator of the food sector who sells dead game. »
Article L. 228-5 of the Rural Code is replaced by the following provisions:
“II. - is punished by six months in prison and 7 500 fines:
" - for establishments referred to in Article L. 226-3, to operate without being licensed;
" - for users of animal by-products referred to in Article 23 of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002, not to respect the conditions laid down in the use of these by-products by article L. 226-5. »
Section L. 237-2 of the Rural Code is replaced by the following provisions:
"Art. L. 237-2. I. - Is punishable by six months in prison and 7 500 fines:
" - to slaughter an animal outside a slaughterhouse in illicit conditions;
" - to place on the market products of animal origin, foodstuffs in containers or animal foods of animal origin or containing products of animal origin without the approval required, as the case may be, pursuant to section L. 233-2 or section L. 235-1 or where such approval has been suspended;
" - to destine to animal feed and the manufacture of animal feeds of animal materials, whether processed or not, subject to restrictions or prohibitions;
" - to place on the market animal products or foodstuffs in a container that is recorded or removed from the consumption or to transport them without an authorization issued by an agent who has the status of an official veterinarian under the V of Article L. 231-2.
“II. - It is punishable by two years' imprisonment and 15 000 EUR' fine not to comply with an administrative closure decision, or to stop one or more of an institution's activities, pursuant to sections L. 233-1 and L. 235-2.
"III. - is punished by four years imprisonment and 75,000 EUR fine for an operator:
" - to put on the market a product of animal origin or a commodity in a container that is harmful to health within the meaning of Article 14 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 or to refrain from implementing procedures for the withdrawal or recall of such a product that it has imported, produced, processed or distributed in ignorance of Article 19 of the same Community Regulation;
" - to put on the market a feed for animals of animal origin or containing products of dangerous animal origin within the meaning of Article 15 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 or to refrain from implementing procedures for the withdrawal or recall of such a product that it has imported, produced, processed or distributed, in ignorance of Article 2035-1 of the same Community Regulation or
"IV. - Physical persons also apply the following additional penalties:
" - the prohibition, for a period of not more than five years, to issue cheques other than those that allow the withdrawal of funds by a shooter from the shot or those that are certified and to use payment cards;
" - the confiscation of the thing that served or was intended to commit the offence or of the thing that is the product of it;
" - the prohibition for a period of not more than five years of professional or social activity as long as the facilities of this activity have been knowingly used to prepare or commit the offence. However, this prohibition is not applicable to the exercise of an elective mandate or union responsibilities;
" - the display of the decision or the dissemination of the decision either by the written press or by any means of communication to the public electronically.
"V. - Legal persons, criminally convicted under the conditions provided for in article 121-2 of the Criminal Code, shall be liable for the following penalties:
" - the fine in accordance with the terms provided for in Article 131-38 of the Criminal Code;
" - the penalties provided for in 2°, 4°, 7°, 8° and 9° of Article 131-39 of the Criminal Code. »
Section L. 237-3 of the Rural Code is amended to read:
I. - In the entire article, the words: "or their products, animal or animal products" are replaced by the words: "products and by-products of animal origin or animal foods" and the words: "or their products, animal or animal products" are replaced by the words: "products and by-products of animal origin or animal feeds".
II. - It is inserted an I at the beginning of the first paragraph.
III. - The last paragraph is replaced by the following:
“II. - Physical persons also apply the following additional penalties:
" - the prohibition, for a period of not more than five years, to issue cheques other than those that allow the withdrawal of funds by a shooter from the shot or those that are certified and to use payment cards;
" - the confiscation of the thing that served or was intended to commit the offence or of the thing that is the product of it;
" - the prohibition for a period of not more than five years of professional or social activity as long as the facilities of this activity have been knowingly used to prepare or commit the offence. However, this prohibition is not applicable to the exercise of an elective mandate or union responsibilities;
" - the display of the decision or the dissemination of the decision either by the written press or by any means of communication to the public, in particular by electronic means.
"III. - Legal persons, criminally convicted under the conditions provided for in article 121-2 of the Criminal Code, shall be liable to:
" - the fine in accordance with the terms provided for in Article 131-38 of the Criminal Code;
" - the penalties provided for in 2°, 4°, 7°, 8° and 9° of Article 131-39 of the Criminal Code. »
It is inserted, after Article L. 213-2 of the Consumer Code, an article L. 213-2-1 as follows:
"Art. L. 213-2-1. - It is punishable by a four-year prison sentence and a fine of EUR 75,000 to export to a third country to the European Community a food commodity that is harmful to health or a pet food that is dangerous, unaware of the provisions of Article 12 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002. »
It is inserted, after the article L. 217-10 of the Consumer Code, an article L. 217-11 as follows:
"Art. L. 217-11. - It is punishable by four years of imprisonment and 75,000 EUR of fine, the fact that, for an operator, it does not implement the withdrawal or recall procedures provided for in Articles 19 or 20 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, while it is aware that a product or a food commodity, other than a product of animal origin or a commodity »
It is included in chapter VII of Book II title V of the Rural Code (Legislative Party) a section 3 which reads as follows:
“Section 3
« Criminal provisions
"Art. L. 257-12. - I. - It is punishable by six months' imprisonment and 7 500 EUR' fine not to comply with the requirements and measures that the agents referred to in I of Article L. 251-18 may order under Articles L. 257-6 and L. 257-8.
“II. - Physical persons also apply the following additional penalties:
" - the prohibition for a maximum of five years to issue cheques other than those that allow the withdrawal of funds by a shooter from the shot or those that are certified and to use payment cards;
" - the confiscation of the thing that served or was intended to commit the offence or of the thing that is the product of it;
" - the prohibition for a period of not more than five years of professional or social activity as long as the facilities of this activity have been knowingly used to prepare or commit the offence. However, this prohibition is not applicable to the exercise of an elective mandate or union responsibilities;
" - the display of the decision or the dissemination of the decision either by the written press or by any means of communication to the public electronically.
"III. - Legal persons, criminally convicted under the conditions provided for in article 121-2 of the Criminal Code, shall be liable to:
" - the fine in accordance with the terms provided for in Article 131-38 of the Criminal Code;
" - the penalties provided for in 2°, 4°, 7°, 8° and 9° of Article 131-39 of the Criminal Code. »
The 4th of Article L. 671-1 of the Rural Code is replaced by the following provisions:
« 4° The agents mentioned in 1° to 7° of I of Article L. 231-2. »
Section L. 214-20 of the Rural Code is replaced by the following provisions:
"Art. L. 214-20. - The competent technical agents, whether they are civil servants or contract agents of the State, the veterinary public health inspectors who do not hold a diploma referred to in Article L. 241-2, the engineers of the agriculture and the environment, the engineers of the rural engineering, the water and the forests having the quality of civil servants, the superior technicians of the services of the Ministry of Agriculture, »
Section L. 221-6 of the Rural Code is replaced by the following provisions:
"Art. L. 221-6. - The competent technical agents, whether they are civil servants or contract agents of the State, the veterinary public health inspectors who do not hold a diploma referred to in Article L. 241-2, the engineers of the agriculture and the environment, the engineers of the rural engineering, the water and the forests having the quality of civil servants, the superior technicians of the services of the Ministry of Agriculture, »
At the end of the I of Article L. 231-2 of the rural code, the following 9° is added:
« 9° Veterinarians of the armed forces, for bodies under the authority or guardianship of the Ministry of Defence. »
At the 4th of Article 38 of the Customs Code, after the words: "to human-use drugs referred to in Article L. 5124-13 of the Public Health Code", the words ", to veterinary drugs referred to in Article L. 5142-7 of the Public Health Code".
In the second of article L. 231-1 of the rural code, it is added a 6° written as follows:
« 6° Official control of technical conditions for the transport of foodstuffs under controlled temperature. »
It is inserted after the article L. 231-4 of the rural code, an article L. 231-4-1, as follows:
"Art. L. 231-4-1. - A decree in the Council of State sets out the conditions under which the official controls provided for in 6° of II of Article L. 231-1 may be delegated to a third body. »
The Prime Minister, the Minister of Economy, Finance and Industry, the Minister of Justice, and the Minister of Agriculture and Fisheries are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, October 5, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Agriculture and Fisheries,
Dominic Bussereau
Minister of Economy,
finance and industry,
Thierry Breton
The Seal Guard, Minister of Justice,
Pascal Clément
