implementing measures
LexInter | January 4, 2003 | 0 Comments

IMPLEMENTING MEASURES

Article L214-1
L oi nº 98-535 of July 1, 1998 art. 11 II 1º Official Journal of July 2, 1998 in force no later than December 31, 1998)

(Law n ° 2001-420 of May 15, 2001 art. 57 Official Journal of May 16, 2001)
(Law n ° 2004-806 of August 9, 2004 art. 31 Official Journal of August 11, 2004)

Ordinance nº 2006-1224 of October 5, 2006 art. 19 Official Journal of October 6, 2006)

It will be ruled by decrees in the Council of State on the measures to be taken to ensure the execution of Chapters II to VI of this title, in particular with regard to:
1 ° The manufacture and import of goods other than products of ” animal origin and foodstuffs containing them, foodstuffs of animal origin and animal feed containing products of animal origin as well as the sale, offering for sale, display, keeping and distribution to free title of all goods referred to in Chapters II to VI;
2 ° The modes of presentation or the inscriptions of any kind on the goods themselves, the packaging, the invoices, the commercial documents or the promotional documents, with regard in particular to: the mode of production, the nature, the substantial qualities, the composition including, for foodstuffs, the nutritional composition, the content of useful principles, the species, the origin, the identity, the quantity, the suitability for use, the instructions for use as well as optional or compulsory special marks affixed to French goods exported abroad;
3 ° The definition, composition and denomination of goods of all kinds, the lawful treatments to which they may be subject, the characteristics which make them unfit for consumption;
4 ° The definition and conditions of use of advertising terms and expressions, with the aim of avoiding confusion;
5 ° The hygiene rules to be observed by food and feed sector operators at all stages of production, processing and distribution, including during imports and exports, of products and foodstuffs other than products of animal origin and foodstuffs containing them, and foodstuffs for animals other than those of animal origin or containing products of animal origin;

6 ° The determination of the conditions under which are prepared, preserved, held for sale or distribution free of charge, put up for sale, sold, served and transported products and foodstuffs intended for human or animal consumption other than products of animal origin, foodstuffs containing them and foodstuffs for animals of animal origin and foodstuffs for animals containing products of animal origin, as well as the determination of the characteristics to which the equipment necessary for their preparation and conservation must meet, their holding with a view to their sale or with a view to their distribution free of charge, their putting up for sale, their sale, their free distribution and transport;
7 ° The conditions under which the micro-biological and hygienic characteristics of goods intended for human or animal consumption other than products of animal origin and foodstuffs containing them, foodstuffs of animal origin and foodstuffs are determined. for animals containing products of animal origin;
8 ° The material conditions under which the information referred to in the last paragraph of article L. 213-4 must be brought to the attention of buyers on labels, advertisements, advertisements, commercial papers;
The decrees provided for in this article are issued after consulting the French Food Safety Agency when they relate to products falling within its field of competence or when they include provisions aimed at preventing health or nutritional risks. These opinions are made public.
9 ° The traceability of the goods.

 

Article L214-1-1
(inserted by Law n ° 99-574 of July 9, 1999 art. 100 I Official Journal of July 10, 1999)

A Council of State decree fixes the list of products or foodstuffs for which traceability must be ensured. It specifies the obligations of producers and distributors who are required to establish and update procedures for recorded information and identification of products or batches of products. These procedures make it possible to know the origin of these products and these batches, as well as the conditions of their production and distribution.
The administrative authority specifies, for each product or commodity, the stages of production and marketing for which traceability must be ensured, as well as the means to be implemented according to the size of the companies.

Article L214-2
(Law n ° 99-574 of July 9, 1999 art. 100 II Official Journal of July 10, 1999)

Ordinance nº 2006-1224 of October 5, 2006 art. 21 Official Journal of October 6, 2006)Breaches of decrees issued by the Council of State, taken by virtue of articles L. 214-1, L. 215-1, last paragraph, and L. 215-4 which will not be confused with any offense of fraud or falsification provided for by Articles L. 213-1 to L. 213-4 and L. 214-1 (7º), will be punished as 3rd class fines.
Anyone who has put on sale or sold, without waiting for the results of an official control in progress, any goods which will be recognized definitively defrauded or falsified at the end of the judicial investigation following this control will be punished with the same penalties, without waiting for the results of an official control in progress. prejudice of the correctional proceedings against the author of the fraud or the falsification.

 

Article L214-3
When a regulation of the European Economic Community contains provisions which come within the scope of Chapters II to VI, a Council of State decree notes that these provisions, as well as those of the community regulations which would modify them or which would be taken for their application, constitute the implementing measures provided for in Articles L. 214-1, L. 215-1, last paragraph, and L. 215-4.

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