FRENCH REPUBLIC Ministry of the Economy, Finance, and Industrial and Digital Sovereignty

Decree No  of

Establishing the list of products for which sale in bulk is prohibited for public health reasons

NOR: […]
Decree No 2023-837 of 30 August 2023 establishing the list of products for which sale in bulk is prohibited for public health reasons

Last update of the data in this text: 01 September 2023

NOR: ECOC2317237D

JORF No 0201 of 31 August 2023

The Prime Minister,

On the report of the Minister of the Economy, Finance, and Industrial and Digital Sovereignty,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003, as amended, on additives for use in animal nutrition;

Having regard to Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents;

Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004, as amended, on the hygiene of foodstuffs;

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin;

Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008, as amended, on classification, labelling and packaging of substances and mixtures, as amended, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006;

Having regard to Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009, as amended, on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009, as amended, laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002;

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009, as amended, concerning the placing of plant protection products on the market and repealing Directives 79/117/EEC and 91/414/EEC;

Having regard to the amended Regulation (EC) No 1223/2009 of the European Parliament and of the Council, as amended, on cosmetic products;

Having regard to Commission Regulation (EU) No 142/2011 of 25 February 2011, as amended, implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive;

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012, as amended, concerning the making available on the market and use of biocidal products;

Having regard to Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013, as amended, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC

of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, as amended, laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and in particular Notification No 2022/0818/F;

Having regard to the Consumer Code, in particular Article L. 120-1 thereof, as amended by Article 41 of Act No 020-105 of 10 February 2020 on combating waste and on the circular economy;

Having regard to the Environmental Code, in particular Article R. 557-6-1 thereof;

Having regard to the Rural and Maritime Fishing Code, in particular Articles L. 253-1 and R. 253-43 thereof;

Having regard to Decree No 64-949 of 9 September 1964 implementing Article L. 214-1 of the Consumer Code for frozen products;

Having regard to Decree No 91-827 of 29 August 1991 on foods intended for particular nutritional uses;

Having regard to Decree No 2006-352 of 20 March 2006 on food supplements;

Having regard to the scientific and technical support note of the National Agency for Food, Environmental and Occupational Health & Safety of 15 November 2021,

Decrees:

Article 1

Amended the following provisions

Created the Consumer Code - Chapter I A: Encouraged business practices… (V)

Created the Consumer Code - Single Section: Sale of unpackaged products… (V)

Created the Consumer Code - Subsection 1: Definitions (V)

Created the Consumer Code - Subsection 2: Products of which wholesale… (V)

Created the Consumer Code - Subsection 3: Products of which wholesale… (V)

Created the Consumer Code - Subsection 4: Specific conditions for… (V)

Created the Consumer Code - Article D120-1 (V)

Created the Consumer Code - Article D120-2 (V)

Created the Consumer Code - Article D120-3 (V)

Created the Consumer Code - Article D120-4 (V)

Created the Consumer Code - Article D120-5 (V)

Created the Consumer Code - Article D120-6 (V)

Created the Consumer Code - Article D120-7 (V)

Created the Consumer Code - Article D120-8 (V)

Article 2

The Minister for the Economy, Finance, and Industrial & Digital Sovereignty, the Minister for Agriculture and Food Sovereignty, the Minister for the Ecological Transition and Territorial Cohesion, and the Minister for Health and Prevention are responsible, each with regard to their competences, for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done on 30 August 2023.

Élisabeth Borne

By the Prime Minister:

The Minister for the Economy, Finance, and Industrial and Digital Sovereignty,

Bruno Le Maire

The Minister of Agriculture and Food Sovereignty

Marc Fesneau

The Minister for the Ecological Transition and Territorial Cohesion

Christophe Béchu

The Minister for Health and Prevention

Aurélien Rousseau

Decree No 2023-837 of 30 August 2023 establishing the list of products for which sale in bulk is prohibited for public health reasons

NOR: ECOC2317237D

ELI: https://www.legifrance.gouv.fr/eli/decret/2023/8/30/ECOC2317237D/jo/texte

Alias: https://www.legifrance.gouv.fr/eli/decret/2023/8/30/2023-837/jo/texte

JORF No 0201 of 31 August 2023

Text No 6

Target audience: consumer-friendly retail outlets that are likely to sell in bulk, including distance selling and mobile points-of-sale.

Purpose: the list of products for which sale in bulk is authorised under certain conditions or is prohibited for public health reasons

Entry into force: the Decree will enter into force on
Entry into force: the Decree shall enter into force on the day after its publication.

Notice: the Decree sets out, with a view to clarifying the standard and for the legibility thereof, a number of definitions. It provides for a list of products for which sale in bulk is permitted only under certain conditions or prohibited for safety or public health reasons, taking into account the legislation in force prohibiting sale in bulk, the provisions of Union law, in particular on hygiene, making it impossible to sell in bulk, as well as the recommendations of the National Agency for Food, Environmental and Occupational Health & Safety in its scientific and technical support note of 15 November 2021.

Finally, the Decree provides that an order of the Minister of Consumer Affairs and sectorally competent ministers may, where necessary, specify the arrangements for the sale in bulk of certain products, in particular for safety reasons.

References: the Consumer Code, as amended by this Decree, may be consulted on the Légifrance website (www.legifrance.gouv.fr).
Finally, the Decree provides that an order of the Minister for Consumer Affairs may, where necessary, specify the arrangements for the sale in bulk of certain products, in particular for safety reasons.

References: the Consumer Code, as amended by decree, may be consulted on the Légifrance website (https://www.legifrance.gouv.fr).

The Prime Minister,


Having regard to Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013, as amended, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, as amended, laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and in particular Notification No ……………….. ;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, as amended, laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and in particular Notification No 2022/0818/F;

Having regard to the Consumer Code, in particular Article L. 120-1 thereof, as amended by Article 41 of Act No 020-105 of 10 February 2020 on combating waste and on the circular economy;


Having regard to Decree No 2006-352 of 20 March 2006 on food supplements;

Having regard to the scientific and technical support note of the National Agency for Food, Environmental and Occupational Health & Safety of 15 November 2021;
Having regard to the scientific and technical support note of the National Agency for Food, Environmental and Occupational Health & Safety of 15 November 2021,

Decrees:

Article 1
Article 1

Before Chapter 1 of Title II of Book 1 of the Consumer Code, Chapter I A shall be inserted as follows:

‘Chapter I A: Encouraged business practices

‘Section 1: Sale of unpackaged products

‘Subsection 1: Definitions

‘Article D. 120-1. – Everyday consumer products, within the meaning of Article L. 120-1, are consumer goods as referred to in Article D. 441-1 of the Commercial Code.

‘Article D. 120-2. – Assisted service, within the meaning of Article L. 120-1, is a method of sale in which the packaging of the product and the immediate delivery thereof to the consumer are carried out by an operator at the point of sale.

Where the product is likely to present a risk to the consumer, the assisted service must ensure sufficient protection of consumers against the risks specific to the product.
‘Chapter I A

‘ Encouraged business practices

‘ Single Section

‘ Sale of unpackaged products

“ Subsection 1

‘ Definitions

‘ Article D. 120-1.-Everyday consumer products, within the meaning of Article L. 120-1, are consumer goods as referred to in Article D. 441-1 of the Commercial Code.

‘ Article D. 120-2.-Assisted service, within the meaning of Article L. 120-1, is a method of sale in which the packaging of the product and the immediate delivery thereof to the consumer are carried out by an operator at the point of sale.

‘ Where the product is likely to present a risk to the consumer, the assisted service must ensure sufficient protection of consumers against the risks specific to the product.