Key Benefits:
Publics concerned: heads of agricultural operations, agri-food professionals, consular chambers, consumer organizations and environmental protection, administrations and people affected by sustainable agriculture.
Purpose: use of the valued reference "from a high environmental exploitation" for agricultural products and foodstuffs.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree specifies the conditions for the use of the "valued mention from a high environmental exploitation" for agricultural products and foodstuffs; it defines the penalties applicable to the unlawful use of this value-addling reference and the mention "high environmental value exploitation".
References: this decree is taken for the application of theArticle 109 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment. The Rural and Maritime Fisheries Code, as amended by this Decree, is available in its drafting from this amendment on the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries, Rurality and Land Management,
Having regard to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and notification No. 2011/0249/F of 24 May 2011 to the European Commission;
Considering Regulation (EC) No 764/2008 of the European Parliament and Council of 9 July 2008 establishing procedures for the application of certain national technical rules to products legally marketed in another Member State and repealing Decision No. 3052/95/EC;
In view of the rural and maritime fishing code, including articles L. 611-6, L. 640-2, L. 640-3, L. 641-19-1 and D. 617-4;
Vu le Consumer code ;
The State Council (section of public works) heard,
Decrete:
Article D. 617-4 of the Rural and Maritime Fisheries Code is supplemented by a paragraph as follows:
"Operations located in another Member State of the European Union, in a State Party to the Agreement on the European Economic Area or in Turkey may apply for such certification. »
After article D. 617-4 is inserted an article R. 617-4-1 as follows:
"Art. R. 617-4-1. - An administrative fine, the amount of which may not exceed 1,500 euros, may be imposed by the prefect against any person who employs the name "high environmental value exploitation" or any other equivalent mention in the advertisement or presentation of an agricultural operation as well as in the trade documents that relate to it without the holder of the high environmental value certification provided for in Article D. 617-4. »
Section 2 of Chapter I of Book VI title IV of the Rural and Maritime Fisheries Code (regulatory part) is supplemented by a sub-section 3 as follows:
"Subsection 3
"Valising mention" from an exploitation
"high environmental value"
"Art. R. 641-57.-I. ― For the purpose of this subsection, the following is understood:
"(a) "Agricultural products": products from farms defined in Article D. 617-1;
“(b) “Smart food”: foodstuffs that have undergone any action resulting in a significant change in the original product, including heating, smoking, salting, maturation, desiccation, marination, extraction, extrusion, or a combination of these processes;
"(c) "Unprocessed food decays": foodstuffs that have not undergone any transformation and include products that have been divided, separated, sliced, cut, boned, chopped, decayed, crushed, cut, cleaned, carved, decorate, ground, chilled, frozen, frozen or defrosted.
"I. ― For the purposes of the provisions of this subsection, the percentage of ingredients of agricultural origin is calculated, before any processing process, on the total weight of the original ingredients. The added water and cooking salt are not considered as ingredients of agricultural origin unless the water is used during the manufacturing process, only to allow the replenishment in its original state of an ingredient used in concentrated or dehydrated form.
"Art. R. 641-57-1.-I. ― The use of the valued statement "from a high environmental value operation" or any other equivalent denomination in the advertising, labelling or presentation of a product as well as in the related commercial documents is reserved for agricultural products, unprocessed and processed foodstuffs and for components of farm origin that have obtained the certification "high environmental value operation" in accordance with the provisions.
“II. ― This reference is used under the following conditions:
« 1° For non-processed agricultural products and foodstuffs exclusively from certified farms "high environmental value exploitation", the mention is authorized in the product sales name or in the visual field of their sales name;
« 2° For processed foods that contain at least 95% of their ingredients of agricultural origin derived from certified farms "high environmental value exploitation", the mention is authorized in the product sales name or in the visual field of their sales name when the commodity is processed on the certified operation and, in the other cases, as a result of the indication of the ingredient(s) concerned;
« 3° For processed foods that contain less than 95% of their agricultural ingredients from certified farms "high environmental value exploitation", the reference is allowed:
“(a) If the foodstuffs are prepackaged, either immediately after the name of the ingredient concerned in the list of ingredients when it is prescribed by the regulations in force or at the bottom of the list or, where the regulations in force do not provide for the indication of the list of ingredients, on the prepackaged foodstuff following the indication of the ingredient(s) concerned, without being separated by other indications or images;
“(b) If the foodstuffs are not prepackaged, on the foodstuffs themselves or in the immediate vicinity, without the risk of confusion, on a poster, a script or any other appropriate support, following the indication of the ingredient(s) concerned and without being separated by other indications or images;
« 4° For non-agricultural and non-food products that contain components of agricultural origin derived from certified farms "high environmental value exploitation", the reference is allowed in the only composition of the product, following the indication of the component concerned and accompanied by the indication of its percentage in the finished product.
"III. ― The reference "from a high environmental value operation" should not be more apparent than, as the case may be, the product sales name, the list of ingredients or components and the ingredient to which it relates.
"IV. ― The use of the reference "from a high environmental exploitation" for agricultural products and foodstuffs produced by an operation to which the certification under Article D. 617-4 has been withdrawn is prohibited from the date of the withdrawal decision. The same is true if the certification is suspended and the suspension decision expressly indicates it.
"Art. R. 641-57-2.-The advertisement, labelling and presentation of the products as well as the trade documents related to them that contain the "valued" indication from a high environmental value exploitation" and do not mention any specific organoleptic or nutritional properties or sanitary qualities or are likely to suggest that the products have a beneficial effect on the health of the only fact that they are derived from high environmental exploitations.
"Art. R. 641-57-3.-The trade documents for food products and food products derived from high environmental value certified farms ensure the traceability of this valued mention at all stages of production, processing and distribution.
"Art. R. 641-57-4.-An administrative fine, the amount of which cannot exceed 1,500 euros, may be imposed by the prefect against any person who:
« 1° Uses in the advertisement, labelling or presentation of a product as well as in the commercial documents that relate to the value-added mention "from a high environmental value exploitation" or any other equivalent mention without complying with the rules set out in R. 641-57-1;
« 2° Do not meet any of the obligations set out in R. 641-57-2 and R. 641-57-3.
"Art. R. 641-57-5.-Without prejudice to the application of Regulation (EC) No 764/2008 of 9 July 2008, products legally manufactured or marketed in another Member State of the European Union or in Turkey, or legally manufactured in a State Party to the Agreement on the European Economic Area which use, in their labelling or presentation, the terms "from a high environmental value operation" are not subject to 6 »
The Minister of Economy, Finance and Industry and the Minister of Agriculture, Food, Fisheries, Rurality and Land Use Planning are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 20 December 2011.
François Fillon
By the Prime Minister:
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Minister of Economy,
finance and industry,
François Baroin
