Ordinance No. 2010-460 Of 6 May 2010 On The Modernisation Of Inspection And Control Missions And Ensuring The Consistency Of Various Provisions Of Book Ii Of The Code Rural

Original Language Title: Ordonnance n° 2010-460 du 6 mai 2010 relative à la modernisation des missions d'inspection et de contrôle et à la mise en cohérence de diverses dispositions du livre II du code rural

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Implementing legislation Decree No. 2011-537 of May 17, 2011 on the modernisation of inspection and control missions and ensuring the consistency of various provisions of book II of the code rural and maritime fisheries Decree No. 2011-537 of May 17, 2011 on the modernisation of inspection and control missions and ensuring the consistency of various provisions of book II of the code rural and maritime fishing summary application of the Constitution, particularly article 38; Act No. 2009-526 12 May 2009 simplification and clarification of law and procedures, including its article 69 relief. Modification of the code rural, of the code of consumption.
Keywords AGRICULTURE, ARTICLE 38, RURAL CODE, CODE of the consumption, development in consistency, modernization, MISSION of INSPECTION, MISSION control, finding, offence criminal, minutes, list, AGENT, TRANSACTION criminal, OPPOSITION A functions, POUVOIRSDE POLICE administrative, visit, LOCAL, Institute Français DU horse and of the riding, EPA records statutory legislative Ordinance No. 2010-460 6 May 2010 record JORF n ° 0106 of 7 May 2010 page 8292 text no.45 order No. 2010-460 of 6 May 2010 on modernization missions inspection and control and ensuring the consistency of various provisions of book II of the code rural NOR: AGRS1007448R ELI: https://www.legifrance.gouv.fr/eli/ordonnance/2010/5/6/AGRS1007448R/jo/texte Alias: https://www.legifrance.gouv.fr/eli/ordonnance/2010/5/6/2010-460/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of food, agriculture and fisheries , Pursuant to the Constitution, particularly article 38;
Having regard to the penal code, especially articles 131-1 to 131-49, 111-2, 444-3, 444-4, 444-6 to 444-9, 521-1, 521-2, R. 645 - 8, R. 654 - 1 and R. 655 - 1;
Having regard to the code of criminal procedure, inter alia articles 6, 12 and 15, 28, 38 to 40-1, 78-6 and 99-1;
Seeing the rural code, including his book II;
Having regard to the code of consumption, particular article L. 215 - 1;
Having regard to the code of the environment, particular articles L. 421 - 1 and L. 428 - 20;
Pursuant to law n ° 2009 - 526 of 12 May 2009 simplification and clarification of the law and relief procedures, particular article 69 thereof;
Having regard to the opinion of the French food safety agency dated April 22, 2010;
The State Council heard;
The Council of Ministers heard, orders: Article 1 more on this article...

The preliminary title of book II of the rural code is supplemented by two well written chapters: ' chapter V ' penal provisions "Section 1" research and determination of criminal offences ' Art.L.»»»»»» 205 - 1.-I. — without prejudice to skills of officers and judicial police officers and other public officers specially authorized by law, are entitled to seek and find the offences provided for and punished under 3 ° of article 444-3 and articles 444-4, 444-6 to 444-9, 521-1, 521-2, R. 645 - 8, R. 654 - 1 and R. 655 - 1 of the penal code, as well as by this book with the exception of section 2 of chapter I of title I and title IV: "1 ° inspectors of the veterinary public health;
«2 ° engineers having agents of the Ministry of agriculture;
«3 ° the services of the Ministry of agriculture technicians;
«4 ° sanitary controllers of the services of the Ministry in charge of agriculture;
«5 ° veterinarians and contractual health attendants of the State;
«6 ° competent officers of the Ministry of agriculture in sanitary or phytosanitary matters appearing on a list established by order of the Minister responsible for agriculture.
"Are also entitled to seek and find these offences when they relate to farming, fishing and marketing of shellfish, administrators, inspectors, controllers, technical and administrative maritime affairs officers, as well as the Trustees of the seafarers.
«II. — in addition to the skills that they hold of article L. 215 - 2 of the code of consumption, articles L. 251 - 18, L. 253 - 14, L. 254 - 8 and L. 255 - 9 of this code, the agents of competition, consumption and repression of fraud are entitled to seek and find, in the exercise of their duties, offences provided for and punished under 3 ° of article 444-3. articles 444-4, 444-6 to 444-9 of the penal code, title I with the exception of section 2 of chapter I and title III of this book.
"III. ― Forms and conditions of swearing to the agents referred to in the I are determined by Decree in Council of State.
«Art.L. 205 - 2.-I. — the agents mentioned in article L. 205 - 1 exercise their powers: "1 ° throughout the national territory when they are assigned in a service to national jurisdiction;
"2 ° when they are assigned in a decentralized service, on the extent of the region in their administrative residence or, when they received a territory exceeding this spring, on the extent of it. ''
"II. — officers temporarily made available to service other than that in which they are assigned have the same territorial jurisdiction than that of the home service agents.
"III. — when the needs of the investigation so require, the agents referred to in the 2nd of the I can ship in the jurisdictions of the courts boundary of the region of their administrative residence in order to pursue research or finding operations initiated within their jurisdiction of competence. '' Except in cases where the urgency does not, the public prosecutor of the place where the operations are continued in is informed in advance and can oppose. In an emergency, the public prosecutor is informed without delay.
«Art.L. 205-3.-the infringements are recorded in the minutes that are prima facie evidence to the contrary. ''
"These minutes are sent, under penalty of nullity, in the eight days following their closure to the Prosecutor of the Republic. Unless otherwise instructed by the latter, a copy is also transmitted to the person concerned, within the same period, when it is known.
«Art.L. 205-4.-when an officer referred to in article L. 205 - 1 intends to draw up minutes against a person who refuses or is unable to prove his identity, the agent reports immediately to any officer of territorially competent judicial police who can order him to hold on-site or lead in a local police at end of verification of his identity in accordance with article 78-3 of the code of criminal procedure. ''
«Art.L. 205 - 5.-I. ― the agents mentioned in article L. 205 - 1 can look up and see the offences covered by this article in all places where access is allowed to the public. ''
«II. — after informed of the place of their displacement the Prosecutor of the Republic, who can oppose, they have access, between 8 and 20 hours or outside those hours when an activity is underway: «1 ° to slaughterhouses and their schedules as well as all the places or vehicles used for professional purposes where products of animal origin» containing food, animal feed or animal by-products are produced, handled, stored, transported, destroyed or offered for sale;
«2 ° A means of transport for professional use and in all places where animals, excluding the home premises;
«3 ° to installations, land closed, vehicles for professional and local use excluding those for use of home, where: "― are produced, handled, stored, transported, destroyed or offered for sale of plants, plant products or all products referred to in article L. 251 - 12, L. 253 - 1, L. 255 - 1 or L. 257-1;
"― are carried out operations of release or placing on the market of the products mentioned in article L. 251 - 1, as well as the places, premises and facilities located close to the site of release, subject to the information and the agreement of persons in which they intend to intervene.
«III. ― when sites contain parts tenancies, they can be visited between 8 hours and 20 hours, in the presence of the occupier and with his consent or in the presence of a judicial police officer acting in accordance with the provisions of the code of criminal procedure relating to searches, visits home and seized exhibits.»
«Art.L. 205-6.-on requisitions written by the Prosecutor of the Republic, the agents referred to in article L. 205 - 1 may, in places and for a period of time determined by the magistrate and which may not exceed 24 hours, in order to undertake the control of vehicles containing live animals or products subject to control under the present book. : '1 ° make sommer to stop by an officer or agent of judicial police, a Deputy judicial police officer or a customs officer, bearing the marks and insignias of their quality, any vehicle of transport for professional use;
"2 ° doing opening and visit any transport vehicle for professional use stopped in a place whose access is allowed to the public, in order to carry out the checks relevant to the verification of compliance with the health requirements and animal protection.
«Art.L. 205 - 7.-I. ― the agents mentioned in article L. 205 - 1 may: "1 ° to be copy of professional documents of any kind, whatever their medium and a few hands that they are, to facilitate the accomplishment of their mission;

«2 ° access, on vehicles subject to the obligation to be equipped with, the chrono-tachograph and all its components in order to verify the integrity or copy, by any means, the information recorded by the device;
«3 ° collect the of anyone present can bring information relevant to their findings. ''
"II. — they can make samples for purposes of analysis on products or animals subject to their control. The analysis is entrusted to one of the empowered laboratories referred to in article L. 202 - 1 .A failure, the choice of laboratory is subject to the agreement of the Prosecutor of the Republic.
"They can check the products pending the results of the analysis.
"III. ― they may also carry out seizure:" 1 ° of the documents needed for the recognition of the offence;
2 ° of the products, objects, markings, trademarks, documents that might have contributed to the achievement of an offence or to result from the Commission of an offence.
"IV. ― seized articles and documents are transmitted to the Prosecutor of the Republic with the minutes noting offences.
«Art.L. 205-8.-the formalities required to make samples or carry out seizures pursuant to this chapter are laid down by Decree in Council of State.»
«Art.L. 205-9.-for the necessities of the investigation that they drive, the agents referred to in article L. 205 - 1 and customs officers can communicate spontaneously, without being able to make obstacle the professional secrecy to which they are required where applicable, the information and documents held or collected in the performance of their duties of judicial police provided by this book. ''
«Section 2 ' criminal Transaction «Art.L.»» 205 - 10.-I. ― the administrative authority may, as long as the public action has not been put in motion and after obtaining the agreement of the Prosecutor of the Republic, compromise the prosecution of contraventions and offences provided for and punishable under: "― this title, chapters II to V of title I, with the exception of article L. 205 - 11, titles II, III and V of this book and the texts adopted for their application;
"― articles 444-4, 521-1, 521-2, R. 645 - 8, R. 654 - 1 and R. 655 - 1 of the penal code. ''
«II. — this option is not applicable to contraventions of the first four classes for which public action is extinguished by payment of a lump sum fine under section 529 of the code of criminal procedure.
"III. — the proposal for a transaction is determined depending on the circumstances and the seriousness of the offence, the personality of its author as well as its resources and its loads.
"It says the fine transaction that the offender will have to pay, the amount may not exceed one-third of the amount of the fine incurred as well as, where appropriate, the obligations that will be imposed to stop the offence, to prevent its renewal, to repair the damage or remitted in accordance places. It also sets time limits for payment and, where applicable, the execution of the obligations.
"IV. ― the Act by which the public prosecutor agrees to the transaction proposal is interrupting the limitation of public action.
"Public action is turned off when the offender ran in a timely manner all the obligations resulting from the acceptance of the transaction.
"V. — detailed rules for the application of this article are laid down by Decree in Council of State.
«Section 3 "Opposition to functions «Art.L.»» 205 - 11.-I. ― is punishable by six months imprisonment and a € 15,000 fine the fact to obstruct or hinder the exercise of the functions agents authorised under articles L. 205 - 1, L. 212 - 13, L. 221 - 5, L. 231 - 2, L. 250 - 2, L. 251 - 2 and L. 251 - 14.
«II. ― the perpetrators of one of the offences provided for in this section also incur the additional penalty of the display or dissemination of the decision in the conditions laid down by article 131-35 of the penal code for individuals and 9 of article 131-39 of the same code for legal persons.
«Chapter VI ' provisions relating to administrative police powers "Section 1" visit to «Art.L.»»»»»» 206 - 1.-I. — when access to the premises is denied to employees, or when these include portions tenancies, such access may be authorized by order of the judge of freedoms and detention of the High Court in whose jurisdiction the places to visit are located.
"The order has the address of places to visit, the name and the quality of the officials authorized to visit operations as well as the hours for which they are allowed to sit.
"The order is enforceable solely by the minute.
«II. — the order is notified on-site at the time of the visit to the occupier of the premises or to his representative receives full copy against receipt or acquittance to the minutes of visit. '' In the absence of the occupier of the premises or his representative, the order is notified after the visit, by registered letter with request for acknowledgement of receipt. The notification is deemed to be made on the date of receipt on the notice. Failing receipt, a service of the order was taken by Act of bailiff.
"The Act of notification includes statement of the routes and periods allowed for appeals against the order authorised the visit and the workflow of visit. He also mentioned that the judge who authorized the visit may be seized of a request for suspension or stop of this visit.
"III. ― visit is carried out under the authority and control of the judge of freedoms and detention which has authorized it. The judge of freedoms and detention may, if he considers it useful, to visit the premises during surgery. At any time, he may decide the suspension or termination of the visit. The referral of the judge of freedoms and detention for the purposes of suspension or shutdown operations of visit has no suspensive effect.
'IV. — the tour is carried out in the presence of the occupier of the premises or his representative, who may be assisted by a counsel of his choice. In the absence of the occupant of the premises, officers of the visit cannot proceed with it in the presence of two witnesses who are not placed under their authority.
"A report describing the procedures and the conduct of the operation and recording the findings is prepared immediately by officers who conducted the visit. The minutes shall be signed by such officers and the occupier of the premises or, where appropriate, his representative and witnesses. In the event of refusal to sign, reference is made to the minutes.
"The original record is, as soon as it was established, addressed to the judge who authorized the visit. A copy of that document was delivered or sent by registered letter with request for acknowledgement of receipt to the occupier of the premises or to his representative.
"The minutes record time and remedies.
"V. ― the order authorizing the visit may be a call to the first president of the Court of appeal according to the rules laid down by the code of civil procedure. The parties are not required to be declared.
"This appeal is by declaration delivered or sent by registered mail to the registry of the Court within a period of fifteen days. Time runs from the notification of the order. This appeal is not suspensive.
"The registry of the High Court shall promptly transmit the case file at the registry of the Court of appeal where the parties can consult it.
"The order of the first president of the Court of appeal is likely to an appeal in cassation, according to the rules laid down by the code of civil procedure. The deadline for the appeal in cassation is 15 days.
"VI. — the first president of the Court of appeal has recourse against the conduct of the tour operations authorized by the judge of freedoms and detention following the rules laid down by the code of civil procedure. The parties are not required to be declared.
"The appeal is brought by statement delivered or sent by registered mail to the registry of the Court within a period of fifteen days. This time limit runs from the delivery or receipt of the minutes, mentioned in the first paragraph. This appeal is not suspensive.
"The order of the first president of the Court of appeal is likely to an appeal in cassation according to the rules laid down by the code of civil procedure. The deadline for the appeal in cassation is 15 days.
«VII. — This section appears in the Act of notification of the order of the judge of freedoms and detention authorizing the visit.
'Section 2 'measures in case of finding of a breach of 'Art.L. 206 - 2.-I. — when one of the agents referred to in articles L. 212 - 13, L. 214 - 20 or L. 231 - 2 finds a failure to comply with the following provisions: "― article L. 214 - 3 and regulations taken for its application;
"― article L. 214 - 6 and rules taken for its implementation;
"― relating to the fight against animal diseases provided in title II;
"― to the rules relating to intra-Community trade or imports or exports of live animals covered by articles L. 236 - 1 to L. 236 - 8;
"― to the rules of practice of pharmacy, veterinary surgery or veterinary medicine laid down in articles L. 241 - 1 to l.242 - 9;
"― their implementing rules and Community rules on the same subject,

"and except emergency, the prefect implements remains the person to comply with these obligations within such period as it may determine. He invited him to submit written or oral observations within the same period by assist, where appropriate, by counsel of his choice or to be represented. If, at the expiration of this time limit, the person concerned has not complied to this injunction, or without delay in case of emergency, the prefect may order the suspension of the activity in question until the operator has complied with the injunction.
"II. ― it can also, under the same conditions, suspend or withdraw temporarily or permanently the certificate of competence or approval for the activity in question.
"III. — during the period of suspension of the activity, the person concerned is required to ensure the maintenance of the animals it holds."


Article 2 more on this article...

Title I of book II of the rural code is amended as follows: 1 ° to articles L. 211 - 11 and L. 211-14-2, the words: 'the direction of veterinary services' shall be replaced by the words: "the Prefect";
2 ° in article L. 211 - 29, the words: "criminal, hereinafter reproduced: ' shall be replaced by the words:"criminal."and the reproduction of the 99-1 of the code of criminal procedure article is deleted;
3 ° articles L. 212 - 3 and L. 212 - 4 shall become respectively articles L. 211 - 31 and L. 211 - 32 and are integrated in a 5 section created at the end of chapter I, entitled "section 5: Colombiers ― civil pigeon racing ';
4 ° section 1 of chapter II repealed;
5 ° in article L. 212 - 13, the words: ' in articles L. 221 - 5 and L. 221 - 6 ' shall be replaced by the words: ' in article L. 221 - 5 ";
6 ° article L. 212 - 14 is replaced by the following: 'Art.L. 212-14.-for carrying out these tasks, the agents referred to in article L. 221 - 5: "1 ° have free access in all places where animals, excluding the home premises, between 8 and 20 hours or outside those hours when public access is allowed or when an activity is ongoing;
«2 ° may, under the conditions laid down in 2 ° of article L. 214 I - 23, visit all vehicles carrying animals;
«3 ° can be copy of professional documents of any kind, whatever their medium and a few hands that they are, to facilitate the accomplishment of their mission;
'4 ° may make samples for purposes of analysis on products or animals subject to their control.';
7 ° in article L. 214 - 12, the words: 'veterinary services under the authority of the prefect' are replaced by the words: "the Prefect" and the words: 'They shall ensure' shall be replaced by the words: "it shall ensure";
8 ° article L. 214 - 20 is replaced by the following: 'Art.L. 214-20.-in addition to the agents referred to in article L. 205 - 1, officers sworn of the national Office of hunting and wild fauna are empowered to search and find, in the exercise of their functions of inspection or control, infringements of the provisions of this chapter and the Community regulations having the same object provided for and punished under Chapter V of this title. » ;
9 ° article L. 214 - 23 is replaced by the following: 'Art.L. 214 - 23.-I. ― for the pursuit of inspections, controls and the interventions of any kind involves the implementation of measures to protect animals laid down in articles L. 214 - 3 to L. 214 - 18, 215 - 10 and L. 215 - 11, the Community regulations having the same object and the texts adopted for their application, the officials and agents referred to in article L. 221 - 5: "1 ° have access to the premises and facilities where there are animals". excluding homes and the part of the home premises, between 8 and 20 hours or outside those hours when public access is allowed or when an activity is underway;
«2 ° may proceed or proceed, day and night, at the opening of the commercial vehicles in which are transported animals and enter, unless these vehicles are not used for business purposes at the time of the control;
«3 ° can carry out, in the presence of an officer or a judicial police officer, at the opening of any vehicle when the animal's life is in danger;
«4 ° can be copy of professional documents of any kind, whatever their medium and a few hands that they are, to facilitate the accomplishment of their mission;
«5 ° can solicit the judge of freedoms and detention, in the forms and conditions prescribed by article L. 206 - 1, permission to access to professional environments whose access was denied by the occupant or premises including residential parts, to undertake checks;
"6 ° can access on vehicles subject to the obligation to be equipped with, the chrono-tachograph mentioned by Regulation (EEC) No. 3821 / 85 and the system of navigation satellite provided for by Regulation (EC) No. 1 / 2005, and all of their components to verify integrity or copying by any means information recorded by the devices;
«7 ° may carry out samples for purposes of analysis on products or animals subject to their control.
«II. — pending the judicial measure laid down in article 99-1 of the code of criminal procedure, officers who are mentioned in the article L. 205-- I 1 and article L. 221 5 may order the seizure or removal of animals, and according to the circumstances of the offence and the urgency of the situation, and entrust them to a third party, including a foundation or an association of animal protection recognized of public utility or declared , for a period that may not exceed three months or keeping them in the custody of the seized.
' III. — the agents mentioned in article L. 221 - 5 are entitled to proceed or to carry out, day and night, slaughter, the discharge or unloading immediate accommodation, watering, feeding and resting the animals during checks made in mentioned in section L. 236 - border inspection posts 4, on the road or in positions of controls referred to in Regulation (EC) No. 1255 / 97 '
"The costs induced by these measures are borne by the owner, the consignee, importer, exporter or, failing that, any other person participating in the Exchange or import operation. ';
10 ° article L. 214 - 25 becomes article L. 214 - 10;
11 ° (a) article L. 215 - 10, the words: ' article L. 215 - 9 "shall be replaced by the words: ' article L. 206 - 2";
12 ° chapter IV is organized into seven sections: — section 1: "General provisions", comprising articles L. 214 - 1 to L. 214 - 4;
— section 2 entitled: "Provisions relating to pets", comprising articles L. 214 - 6 to L. 214 - 8;
"― section 3 entitled:"Provisions relating to other animals", comprising articles L. 214 - 9 to L. 214 - 11 '.
— section 4 entitled: "Transportation of live animals", comprising articles L. 214 - 12 and L. 214 - 13;
― section 5 entitled: "Commercial premises, accommodation and parking of animals", comprising articles L. 214 - 14-L. 214 - 18;
— section 6 entitled: 'Research and recognition of offences', consisting of article L. 214 - 20.
— section 7 entitled: 'Inspection and control', consisting of article L. 214 - 23.


Article 3 read more on this article...

Title II of book II of the rural code is amended as follows: 1 ° article L. 221 - 5 is replaced by the following: 'Art.L. 221-5.-have quality, to monitor compliance with the provisions of chapters I to V of this title on the fight against diseases of animals, of the regulatory texts for their application and the Community rules on the same subject, within the limits and scope of the tasks of the service in which they are affected: "― the agents referred to in 1 ° to 7 ° of article l. I. 231-2. be they officials or contracted agents of the State;
"― officials and unlicensed agents of the State competent in health matters appearing on a list established by order of the Minister of agriculture. ';
2 ° article L. 221 - 8 is replaced by the following: 'Art.L. 221 - 8.-I. — the agents mentioned in article L. 221 - 5 have free access to all premises, facilities and professional vehicles where animals, excluding homes and the part of the home premises, between 8 and 20 hours or outside those hours when public access is allowed or when an activity is underway for all examinations necessary for the implementation of measures to combat animal diseases provided for in chapters I to V of this title. They may be copy of documents of any kind, whatever their medium and in a few hands that they are professionals, to facilitate the accomplishment of their mission.
«II. ― when access to the premises is denied to employees, may be authorized by order of the judge of freedoms and detention under the conditions laid down in article L. 206-1.»
"III. ― when places include residential parts, these operations can be performed only between 8 and 20 hours by or in the presence of an agent mentioned in article L. 205 I - 1, with judicial authorization in form and conditions prescribed by article L. 206 - 1. ';

3 ° in article L. 221 - 9, the words: ' in articles L. 221 - 5 and L. 221 - 6 ' shall be replaced by the words: ' in article L. 221 - 5 ";
4 ° in article L. 221 - 13, after the words: 'departmental directors' is inserted the word: "loads".


Article 4 more on this article...

Title III of book II of the rural code is amended as follows: 1 ° article L. 231 - 2 is amended as follows: has) to 2 ° of the I, the words: "rural engineering, water and forests with officials" are replaced by the words: "having agents of the Ministry of agriculture.
b) 3 ° of the I is deleted;
c) III is deleted;
(d) to IV, the words: ' the Department"shall be replaced by the words:"from that service. "
(e) in V, the words: "of the departmental Director of veterinary services, the Director of veterinary services or" are replaced by the words: "of a Director of decentralized unit of food or the protection of populations or that."
2 ° article L. 231-2-1 is amended as follows: has) in the first subparagraph of 1 ° of the I, the word: "slaughterhouses" is replaced by the words: "slaughter establishments ';
(b) at the end of the second paragraph of 1 ° of the I, the following sentence is added: "where access to the premises is denied to employees, may be authorized by order of the judge of freedoms and detention in the forms and conditions prescribed by article L. 206-1.
(c) in the third paragraph of 1 ° of the I, the words: 'and with the authorization of the judge of freedoms and detention of the tribunal de grande instance in whose jurisdiction they are located if the occupant objects' are replaced by the words: "in the presence of an agent mentioned in article L. 205 I - 1, with judicial authorization in form and conditions prescribed by article L. 206-1";
(d) to 3 ° of the I after the words: «or feed» shall be inserted the words: "or animal by-products.
e) III is deleted;
3 ° it is inserted after article L. 231-2-1, an article L. 231-2-2 worded as follows: «art.» L. 231-2-2. -I. ― official veterinarians are qualified, in the exercise of their functions: "1 ° to ensure the application of the animal health measures, imposed by community or national regulations concerning animals imported or intended for export, on the markets, fairs and exhibitions and other places mentioned in article L. 214 - 15 or those introduced in slaughterhouses;
«2 ° to prohibit temporarily, in these last institutions, the slaughter of an animal health examination must be completed or renewed;
«3 ° to determine the specific uses of foodstuffs or feedingstuffs which, without being unhealthy, can be delivered in the State for human or animal consumption;
«4 ° to carry out to la before it or the withdrawal of the consumption of the products, foodstuffs or feedingstuffs of animal origin or containing products of animal origin, which they have recognised as hazardous within the meaning of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law. establishing the European food safety authority and laying down procedures relating to the safety of foodstuffs.
«II. — the official veterinarians and agents referred to in 9 ° of the article I L. 231 - 2 are empowered to log all products of animal origin, all food or all feedingstuffs of animal origin or containing products of animal origin, suspected to be hazardous within the meaning of that Regulation (EC) No 178/2002 of 28 January 2002 and to perform, on these products. food or animal feed, all sampling necessary for laboratory analysis.
"III. — pending the consideration and decision of the official veterinarian, the agents referred to in article L. 231 I - 2 may:" 1 ° record a product, a food or feed referred to in article R. 231 - 4 or, in slaughter establishments, prescribe the isolation of suspected disease live animals or prohibit the slaughter of an animal;
2 ° take samples for analysis.
"IV. — the agents mentioned in 8 ° of article L. 231 I - 2 are qualified, in the exercise of their duties, for:" 1 ° ensure the implementation of measures, community or national animal health regarding the production of live shellfish;
«2 ° determine the specific uses of live shellfish which can only be delivered in the State for human consumption;
«3 ° proceed with apprehension, if they are likely seizure and shellfish live, harvested or caught in contravention of the provisions mentioned in article L. 231 - 2, as well as the apprehension of the amounts derived from the sale of these products, under the conditions laid down in article L. 943 - 8»;
4 ° to the first paragraph of article L. 231 - 3, after the word: "Director" there shall be inserted the word: 'load ';
5 ° section L. 236 - 4 is amended as follows: a) in the second paragraph, the words: ' in articles L. 214 - 19, L. 214 - 20, L. 221 - 5, L. 221 - 6 and L. 231 - 2» are replaced by the words: ' in articles L. 221 - 5 and L. 231 - 2 ";
(b) in the third paragraph, after the words: 'documentary check,' are added the words: ' and identity within the meaning of article 12 of Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 ';
6 ° a section L. 236 - 5, references: "L. 214 - 19, L. 214 - 20, L. 221 - 5, L. 221 - 6" are replaced by references: "L. 214 - 20, L. 221 - 5";
7 ° a section L. 236 - 6, after the second paragraph, is added a paragraph worded as follows: ' for the necessities of the controls they drive, the Customs officers and the agents referred to in article L. 205 - 1 can communicate spontaneously, without any y hinder professional secrecy to which they are required where applicable, the information and documents held or collected in the exercise of their respective administrative police missions. ";
8 ° article L. 237 - 1 is amended as follows: a) the III is deleted;
b) V reads as follows: "V. ― corporations incur also additional punishments in the 2 °, 4 °, 7 °, 8 ° and 9 ° of article 131-39 of the criminal code.";
9 ° article L. 237 - 2 is amended as follows: a) in the first paragraph of the I, the words: "7 €500" are replaced by the words: '€15,000 ';
(b) in the second paragraph of the I, the word: 'slaughterhouse' shall be replaced by the words: "slaughter facility";
(c) in the third paragraph of the I, the words: «of animal origin or containing products of animal origin» shall be deleted;
(d) at the II, the words: "€15,000" are replaced by the words: "€30,000" and before the references: "L. 233 - 1 and L. 235 - 2 ' is inserted the reference:" L. 206 - 2 ';
The V e) reads as follows: "V. ― corporations incur also additional punishments in the 2 °, 4 °, 7 °, 8 ° and 9 ° of article 131-39 of the criminal code.";
10 ° article L. 237 - 3 is amended as follows: has) in the first paragraph of the I, the words: "€15,000" are replaced by the words: '€30,000. "
b) III reads as follows: "(III). ― Legal persons also incur additional penalties under 2 °, 4 °, 7 °, 8 ° and 9 ° of article 131-39 of the criminal code. ' Article 5 more on this article...

It is inserted into title V of book II of the rural code, before Chapter I, a preliminary chapter which reads as follows: 'preliminary chapter 'Inspections and controls 'Art.L. 250-1.-the provisions of this chapter shall apply without prejudice to specific provisions laid down in chapters I to VII of the present title.
«Art.L. 250-2.-are empowered to carry out the inspection and control that requires the application of this title, the regulations and Community decisions having the same object and the texts adopted for their application, when they are responsible for the protection of plants: "1 ° engineers having agents of the Ministry of agriculture;
«2 ° inspectors of the veterinary public health;
«3 ° the services of the Ministry of agriculture technicians;
«4 ° officials or contracted agents of the State, when they meet qualifying conditions laid down by Decree, related to their training or their professional experience. ''
«Art.L. 250-3.-for the exercise of their mission, the agents referred to in article L. 250 - 2 may be accompanied and assisted by any official or agent qualified State. ''
«These can carry out simple control documentary checks only.»
«Art.L. 250-4.-agents referred to in article L. 250 - 2 named can receive by the Minister of agriculture an exceeding jurisdiction limits the service where they are affected and which may extend to the whole of the national territory. ''
«Art.L. 250 - 5.-I. ― for the exercise of their mission, officers referred to in article L. 250 - 2 and within the limits of their powers the persons mentioned in article L. 250 - 3, have access to the premises, plots, facilities, locations, vehicles for professional use, excluding homes and the part of the Home Office. ''
"II. — with the exception of the import controls, this access takes place between 8 and 20 hours or outside those hours when public access is allowed or when an activity is in progress.

"III. — this access is done in the presence of the head of his representative or, failing that, by a member of the staff. '' When access to the premises is denied to employees, may be authorized by order of the judge of freedoms and detention under the conditions laid down in article L. 206-1.
«IV. ― when places include residential parts, these controls can be carried out only between 8 and 20 hours in presence of an agent mentioned in article L. 205 I - 1, with judicial authorization in form and conditions prescribed by article L. 206 - 1.»
«V. ― agents may request communication, get or make a copy by any medium and on any support or proceed with the seizure of professional documents of any kind, in a few hands that they are, to facilitate the accomplishment of their mission and can collect, on call or place any information or any justification for the control. ''
"They have access, for the control of operations involving information technology, software and data stored as well as restitution in light of specific information to facilitate the accomplishment of their missions. They may request the transcript by any appropriate treatment in documents directly usable for the purposes of control.
"Art.L. 250 - 6.-I. — in the framework inspections and controls that require the application of this title, the agents mentioned in article L. 250 - 2 and within the limits of their powers, the persons mentioned in article L. 250 - 3, can collect any product among those referred to in articles L. 251 - 12, L. 253 - 1 or l 255 - 1, and all soil sample, under conditions laid down by Decree in Council of State."
«II. — in the expectation of analytical findings, the agents mentioned in article L. 250 - 2 can record the products mentioned in the I.. III. — the owner or holder who disputes the outcome of the analysis may request that it be method to a new analysis by one of the laboratories referred to in article L. 202 - 1 or, Alternatively, to the national reference laboratory.
"Art.L. 250 - 7.-I. ― If one or lots of plant products, of vegetable origin or all products referred to in articles L. 251 - 1, L. 251 - 12, L. 253 - 1, L. 255 - 1 or L. 257 - 1 presents or is likely to present a danger to public health, the safety of consumers or the environment, the agents referred to in article L. 250 - 2 may order the destruction, logging. the withdrawal or the recall, in one or more places, any consignments of products previously cited or any other measures that they deem necessary.
"II. — any operator who, having acquired or transferred one or more lots, has knowledge of decision of deposit, withdrawal or recall is obliged to inform who provided him with the goods and those to whom he transferred.
«Art.L. 250-8.-costs incurred by the administrative measures taken pursuant to this title, including measures of consignment, of levy, of destruction, removal or recall and quarantine, are the responsibility of the owner or the holder of the products in question. '.


Article 6 read more on this article...

Chapter I of title V of book II of the rural code is amended as follows: 1 ° article L. 251 - 2 is replaced by the following: 'Art.L. 251 - 2.-I. — in the context of biological monitoring of the territory, the agents referred to in article L. 251 - 1 have access, under the conditions laid down in article L. 250 - 5 to sites, facilities and premises, including the places where operations release or placing on the market of the products listed are made.
«II. — they also have access, under the same conditions, to the places, premises and facilities in the vicinity of the site of these operations, subject to the information and the consent of the persons in which they intend to intervene.
"III. ― they may also take samples, placed under the responsibility of the plant protection service to ensure the respect of the confidentiality of trade secrets. Where appropriate, these samples are analysed in laboratories approved in advance by the administrative authority. After analysis, they are returned to their owner, who may request that a second opinion is conducted.
"IV. — when on the occasion of this surveillance the agents mentioned in article L. 251 - 1 find that the dissemination, the placing on the market or the use of the products mentioned in this article is or is likely to present a danger to public health or the environment, these agents can order, under conditions laid down by Decree in Council of State, logging. , the total or partial destruction of these products, as well as plants and animals with abnormalities or adverse effects, or any other measures to prevent or eliminate any danger. These operations are reported.
«V. ― prior to the implementation of these measures, except in an emergency, the person concerned is able to present its comments. These measures are the responsibility of the head of the deliberate release or the placing on the market, the Distributor or the user. » ;
2 ° article L. 251 - 10 is amended as follows: a) to the first and third subparagraphs, the words: "engineer in charge of the inspection and control of the plants falling within the categories listed in the I of article L. 251 - 18" are replaced by the words: ' agent referred to in 1 ° or 2 ° of article l.. 250-2 ";
(b) in the second and third subparagraphs, the words: "the plant protection service" are replaced by the words: "service responsible for the protection of plants";
3 ° to 3 ° of article L. 251 I - 12, the words: "by officers referred to in of article L. 251 - 18 ' shall be deleted;
4 ° in the second paragraph of II of article L. 251 - 14, the words: 'The owner' shall be replaced by the words: "except emergency, the owner";
5 ° the I of article L. 251 - 18 is deleted;
6 ° article L. 251 - 20 is amended as follows: a) at 2 ° of the II words: "of the I of article L. 251 - 18» are replaced by the words: ' article L. 250 - 2";
(b)) the III is deleted;
c) IV reads as follows: "(IV). ― The perpetrators of one of the offences provided for in this section also incur the additional penalty of the display or dissemination of the decision in the conditions laid down by article 131-35 of the penal code for individuals and 9 of article 131-39 of the same code for legal persons. » ;
7 ° article L. 251 - 21 is amended as follows: a) the I is deleted;
b) III reads as follows: "(III). ― The perpetrators of one of the offences provided for in this section also incur the additional penalty of the display or dissemination of the decision in the conditions laid down by article 131-35 of the penal code for individuals and 9 of article 131-39 of the same code for legal persons. ' Article 7 more on this article...

Chapter II of title V of book II of the rural code is amended as follows: 1 ° to 2 ° of article L. 252 - 2 and 4 ° of article L. 252 - 4, after the word: 'service' is inserted the word: 'load ';
2 ° in article L. 252 - 4, the words: "departmental Director of agriculture and forest" shall be replaced by the word: "Prefect";
3 ° in article L. 252 - 5, the words: ' regional director of agriculture and forest or the Director of agriculture for the overseas departments' shall be replaced by the words: "of the prefect of the region.


Article 8 more on this article...

Article L. 254 - 1 of the rural code, the words: ', and L. 253 - 14-L. 253 - 17 ' are deleted.


Article 9 read more on this article...

Title VII of book II of the rural code is amended as follows: 1 ° in article L. 272 - 1, references: ", L. 253 - 1 L. 253 - 17, L. 254 - 1 L. 254 - 10 and L. 255 - l 255 1 - 11" are deleted;
2 ° in article L. 272 - 2, the reference: "L. 221 - 3," and references: "L. 223 - 22, L. 223 - 24," are deleted;
3 ° in article L. 273 - 1, the words: «Second» are replaced by the words: "articles L. 211 - 31 and L. 211 - 32, the second", references: "L. 212 - 3 L. 212 - 5, L. 215 - 8," are deleted and the reference: ", L. 253 - 1» is replaced by the words:" and L. 253 - 1»
4 ° the first two paragraphs of article L. 274 - 9 are replaced by the following: 'i. ― the control and inspection of the State of health of plants, products plants and other objects as defined by the legislation in force in New Caledonia are provided by competent officers of the Caledonia.';
5 ° article L. 274 - 10 is replaced by the following: «art.» 274-10. -I. ― inspections and phytosanitary controls, the agents referred to in of article L. 274 - 9 have access to the premises, facilities, locations, vehicles for professional use, excluding homes and the part of the Home Office.
"With the exception of the import controls, access takes place between 8 and 20 hours or outside those hours when public access is allowed or, when an activity is underway, in the presence of the Director of the establishment or its representative, or failing, a member of staff. ''
"A record of inspection and control is established and a copy is given to the person concerned.
"These agents may collect on convening or place the accomplishment of their mission-specific information and take copies.

"They may also take samples of plants, plant products and other objects to verify that they are free of pests.
"Pending the results of analysis of samples, these agents may pronounce the quarantining of these plants, plant products or other objects, until the results of analysis are available.
"These operations are reported referring to plants, produced plants or other objects subject to quarantine.
"Release of the quarantine is ordered by these agents.
"Costs analysis and logging are the responsibility of the owner or holder.
"It may at any time submit a request of conflicting expertise.
"II. ― detection of infringements of the provisions of this title, the Attorney of the Republic is informed in advance of the proposed transactions and can oppose.
"The infringements are recorded in the minutes that are prima facie evidence to the contrary.
"The minutes shall, under pain of nullity, be addressed within eight days following their closure to the Prosecutor of the Republic. A copy is also transmitted, within the same period, to the person concerned.
"Agents can take samples of plants, plant products or other objects under conditions laid down by Decree in Council of State.
"Pending the results of analysis of samples, these agents may record the plants, plant products or other objects.
"The Prosecutor of the Republic is informed without delay of the action of logging by officers of the control.
"These operations are reported referring to plants, produced plants or other objects covered by the extent of logging.
"These minutes are forwarded to the public prosecutor within 24 hours. A copy is given to the person concerned within the same period.
'Returnable products are left in the care of their holder.
"Logging may not exceed fifteen days on authorization of the Procurator of the Republic.
'Release the extent of logging may be ordered at any time by authorised agents or by the Prosecutor of the Republic.'


Article 10 more on this article...

Book II of the rural code also includes the following changes: 1 ° in article L. 221 - 4, references: "L. 214 - 20, 221 - 5 and L. 221 - 6," are replaced by references: "L. 205 - 1 and L. 221 - 5";
2 ° in article L. 233 - 3, references: "L. 221 - 5, L. 221 - 6, L. 214 - 9 or L. 214 - 20" are replaced by references: "L. 205 - 1, L. 214 - 20 and L. 221 - 5";
3 ° in article L. 234 - 1, references: "L. 214 - 20, L. 221 - 5, L. 221 - 6 and L. 231 - 2" are replaced by references: "L. 205 - 1, L. 214 - 20, 221 - 5 and L. 231 - 2";
4 ° a article L. 256 - 2, the words: ' in article L. 251 - 18 "are replaced by the words:" to the article L. 205-- I 1 and II of article L. 251 18 ';
5 ° in article L. 253 - 16, the words: "referred to in of article L. 253 - 14" are replaced by the words: ' mentioned in article L. 250 - 2 ";
6 ° to articles L. 251 - 7, L. 251 - 9, L. 251 - 14, L. 251 - 15, L. 251 - 17, L. 253 - 14, L. 257 - 3, L. 257 - 5 and L. 257 - 6, L. 257 - 9, L. 257 - 12, the words: "to the I of article L. 251 - 18" are replaced by the words: ' in article L. 250 - 2 ";
7 ° in article L. 257 - 8, the words: "authorized under the I of article L. 251 - 18 ' shall be replaced by the words: ' mentioned in article L. 250 - 2.
8 ° the article L. 251-18-1, the words: "to the A of article L. 251 - 18» are replaced by the words: ' in article L. 250 - 2» and the words:" under the conditions laid down in article L. 251 A - 19» are deleted.


Article 11 read more on this article...

Article L. 215 - 1 of the code of consumption, the words: "to the I of article L. 251 - 18 du Code rural» are replaced by the words:" in article L. 250 - 2 of the rural code.


Article 12 read more on this article...

In articles L. 212 - 9 and L. 243 - 2 of the rural code, the words: "the public establishment: the French national stud» are replaced by the words:"the french Institute of the horse and riding.


Article 13 read more on this article...

Articles L. 214 - 19, L. 214 - 21, L. 214 - 22, L. 214 - 24, L. 215 - 6, L. 215 - 7, L. 215 - 9 and L. 215 - 14, L. 221 - 6, L. 221 - 7, L. 221 - 10, L. 251 - 19, L. 253 - 15, L. 254 - 10, L. 257 - 2 and L. 257 - 4, L. 257 - 7 and L. 274 - 8 and subsections 3, 4 and 5 of section 2 of chapter III of title II of book II of the rural code are repealed.


Article 14 read more on this article...

The Prime Minister, the Minister of State, keeper of the seals, Minister of justice and freedoms, and the Minister of food, agriculture and fisheries are responsible, each in relation to the application of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, may 6, 2010.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon food, agriculture and Fisheries Minister Bruno Le Maire Minister of State, keeper of the seals, Minister of justice and freedoms, Michèle Alliot-Marie

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