Key Benefits:
Publics concerned: departmental councils, administration, departmental laboratories for analysis.
Subject: conditions for the execution of public service missions to which departmental laboratories of analysis are responsible.
Entry into force: the text comes into force on January 1, 2016.
Notice: the decree defines the conditions for the execution of public service missions to which departmental laboratories of analysis are responsible.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government,
Considering the general code of territorial authorities, including article L. 2215-8;
In view of the rural and maritime fishing code, including articles L. 201-10 and L. 202-1;
Having regard to Act No. 2014-1170 of 13 October 2014 of the Future for Agriculture, Food and Forestry, including Article 46;
Considering the advice of the National Standards Assessment Board dated 13 October 2015,
Decrete:
Departmental laboratories of analysis are responsible, in accordance with the provisions of Article L. 202-1 of the Rural Code and Maritime Fisheries, for the conduct of the official analyses referred to in Article R. 200-1 of the same Code for the realization of which they are granted approval, in particular in the areas of animal health, food hygiene, plant health and health monitoring of the products of the sea.
The analyses referred to in Article 1 have a mandatory, priority and confidential nature for the laboratory.
Upon receipt of the samples, the Departmental Laboratory of Analysis shall take all measures to ensure that the analyses are carried out as a matter of priority.
The result of the analysis is transmitted without delay to the services of the State at the origin of the request for analysis.
Laboratories are committed to maintaining operational skills, in terms of premises, equipment, training or accreditations that have conditioned the issuance of their approval, regardless of the volume of analyses entrusted, including participation in the monitoring and control plans ordered by the Minister for Agriculture and in the investigation of the collective food toxi-infection homes.
Departmental analysis laboratories participate in epidemiological surveillance, early detection of homes and health situations at risk by their knowledge of the local epidemiological context. Through their technical expertise adapted to field issues, they ensure the rapid handling of samples and the conduct of analyses related to their approvals.
They may conduct analyses necessary for the monitoring of the territory defined in Article L. 201-14 of the Rural and Maritime Fisheries Code.
They participate in the epidemiosurveillance of livestock and wildlife, in particular thanks to the diagnostic methods available to them and to the autopsy rooms that they maintain and maintain in their establishments.
They contribute to the design of monitoring devices through their participation in the regional guidance councils of animal and plant health policy provided for in section D. 200-5 of the rural code and marine fisheries. As such, they can contribute to voluntary collective programs and the epidemiological exploitation of analytical data.
They may participate in the epidemiosurveillance platforms referred to in Article L. 201-14 II of the Rural and Maritime Fisheries Code.
They are subject to a duty of information from the managers referred to in section D. 201-7 of the Rural and Maritime Fisheries Code.
For the conduct of official analyses in the field of animal health, food hygiene, plant health, health monitoring of seafood products, the approval of departmental laboratories for analysis is issued by the Minister responsible for agriculture in accordance with section R. 202-9 of the Rural Code and Maritime Fisheries.
In the event of failure of a departmental laboratory of analysis of the obligations referred to in section 2 and section 3, the Minister for Agriculture may suspend or withdraw its approval in accordance with section R. 202-14 of the Rural and Maritime Fisheries Code.
When a departmental laboratory of analysis is no longer in a position to ensure definitively all or part of the analyses referred to in section 1 for which it is approved or to respect the tasks entrusted to it by section 3, it shall immediately notify the Minister responsible for agriculture and shall respect a three-month notice before ceasering the activities concerned.
In order to ensure the proper execution of their missions, departmental laboratories of analysis are required to maintain the technical and scientific competence of the supervision and technical teams in order to ensure, in the laboratory, the availability of independent experts of all economic interests, with efficient analytical tools and essential references.
They ensure close expertise in the field of veterinary public health and provide technical assistance tailored to the needs of the Territory.
In the event of a serious threat or breach of public health, departmental laboratories of analysis are required to make their analytical capacity available to the State representative in the department in accordance with Article L. 2215-8 of the General Code of Territorial Communities.
To do this, the departmental laboratories of analysis organize a system of astreintegration of their personnel and maintain their analytical capacities in proportions to cope with this type of threat. All the modalities for the realization of constrictions are defined in the framework of a convention with the State for diseases classified among the sanitary hazards of first class in the list provided for in article L. 201-1 of the rural code and the marine fisheries or subject to a specific instruction of the Ministry in charge of agriculture in the event of a health crisis.
Departmental laboratories for analysis are required to participate in any technical assessment process requested by the Minister for Agriculture.
In addition, each year before June 30, the departmental laboratories of analysis transmit to the representative of the State in the department an assessment of the activities of the laboratory in relation to the public service missions defined by this decree.
This Order will come into force on January 1, 2016.
The Minister of the Interior and the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 30, 2015.
Manuel Valls
By the Prime Minister:
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
The Minister of the Interior,
Bernard Cazeneuve
