Decree No 2023-XXX of XX XX 2023 on the use of certain names used to designate
foodstuffs containing plant proteins
27 February 2024 OFFICIAL JOURNAL OF THE FRENCH REPUBLIC Text 15 of 89

Decrees, orders, circulars

GENERAL TEXTS

MINISTRY OF AGRICULTURE AND FOOD SOVEREIGNTY

Decree No 2024-144 of 26 February 2024 on the use of certain names used to designate foodstuffs containing plant proteins

NOR: AGRT2321057D

Relevant audiences: economic operators in the agri-food sector and out-of-home catering; food distributors; consumers.

Subject: establishment of rules on the use of names designating products of animal origin and foodstuffs derived therefrom for the purpose of describing, marketing or promoting foodstuffs containing plant protein.

Entry into force: the text shall enter into force three months after its publication.

Notice: the text sets out rules for the French territory on the use of designations traditionally designating foodstuffs of animal origin for the description, marketing or promotion of foodstuffs based on vegetable proteins. The foodstuffs covered by the text are those incorporating vegetable proteins. It lays down the list of terms that may not be used to describe foodstuffs containing plant proteins (Annex 1) and the list of terms that may be used to describe foodstuffs of animal origin that may contain plant proteins, as well as the maximum proportion of plant proteins that the foodstuffs for which these terms are used may contain (Annex 2). It provides for a mutual recognition clause excluding from its scope products lawfully manufactured or marketed in another Member State of the European Union or in a third country. In addition, the text provides for penalties in the event of infringement of its provisions, a deadline for its entry into force of three months after its publication to give operators time to adapt their labelling, and the possibility of marketing foodstuffs manufactured or labelled before its entry into force until stocks are exhausted, and at the latest one year after its publication.

References: the Decree is issued for the application of Article L. 412-10 of the Consumer Code in its wording resulting from Article 5 of Law No 2020-699 of 10 June 2020 on transparency of information on agricultural and food products. The text can be consulted on the website Légifrance (https://www.legifrance. gouv.fr).

The Prime Minister,
On the report of the Minister for the Economy, Finance and the Industrial and Digital
Sovereignty;
Having regard to Regulation (EU) No 1169/2011 of the European Parliament and of the
Council of 25 October 2011 on the provision of food information to consumers, amending
Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of
the Council, and repealing Commission Directive 87/250/EEC, Council
Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the
European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC
and Commission Regulation (EC) No 608/2004, and in particular Article 38 thereof;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of
9 September 2015 laying down a procedure for the provision of information in the field of
technical regulations and of rules on Information Society services;

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

Having regard to Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004, and in particular Article 38 thereof;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;

Having regard to the Consumer Code, in particular Article L. 412-10 thereof;
Having regard to notification No 2023/XXX/X of XX XX 2023 addressed to the European
Commission and the latter’s reply dated XX;

Having regard to notification No 2023/510/F of 23 August 2023 addressed to the European Commission and the latter’s reply dated 22 November 2023;

Hereby decrees:
Article 1
The provisions of this Decree shall apply to foodstuffs containing plant proteins.

Article 1. – The provisions of this Decree shall apply to foodstuffs containing plant proteins.

In the context of this Decree, the following definitions apply:
(1) “plant proteins”: proteins produced by or deriving from organisms belonging to all
kingdoms other than the animal kingdom;

(1) “plant proteins”: proteins produced by or deriving from organisms belonging to all kingdoms other than the animal kingdom;

(2) “foodstuffs of animal origin”: products of animal origin and foodstuffs derived from them;
(3) “legal name”: name of a foodstuff prescribed by the legislative or regulatory provisions
applicable to it;
(4) “processing”: any action that substantially alters the initial product, including heating,
smoking, curing, maturing, drying, marinating, extraction, extrusion, or a combination of
those processes;
(5) “processed products”: foodstuffs resulting from the processing of unprocessed products.
These products may contain substances which are necessary for their manufacture or to confer
specific characteristics on them;

(6) “ingredient”: any substance or product, including flavourings, food additives and food
enzymes, or any constituent of a compound ingredient, used in the manufacture or preparation
of a foodstuff and still present in the finished product, possibly in modified form; residues are
not considered as ingredients.
Article 2
Subject to the provisions of Articles 3 and 4, it shall be prohibited to use, for the purpose of
describing, marketing or promoting a processed product containing plant proteins, the
following:
1. A legal name for which no addition of plant protein is provided for by the rules defining the
composition of the foodstuff concerned;
2. A name referring to the names of animal species or groups of species or to animal
morphology or anatomy;
3. A name containing the terms listed in Annex I.
Article 3
The name of a foodstuff of animal origin may be used:
1. For foodstuffs of animal origin containing plant proteins in a specified proportion where
such presence is provided for by regulation, or in the list set out in Annex II to this Decree;
2. To designate flavourings or food ingredients with flavouring properties used in foodstuffs.
Article 4
The names mentioned in Article 2 may be used in the descriptive names of combinations of
foodstuffs of animal origin with other types of foodstuffs which do not replace those
foodstuffs of animal origin but are added in addition to them in the context of such
combinations.
Article 5
Products lawfully manufactured or marketed in another Member State of the European Union
or in a third country shall not be subject to the requirements of this Decree.
Article 6
It is prohibited to hold for sale or distribution free of charge, to offer for sale, sell or distribute
free of charge foodstuffs which do not comply with the rules laid down in this Decree.
(3) “legal name”: name of a foodstuff prescribed by the legislative or regulatory provisions applicable to it;

Article 7
Failure to comply with the provisions of Article 6 of this Decree may result in an
administrative fine not exceeding EUR 1 500 for a natural person and EUR 7 500 for a legal
person.
That fine shall be imposed in accordance with Chapter II of Title II of Book V of the
Consumer Code.
Article 8
The provisions of this Decree shall enter into force on the first day of the third month
following its publication.
Foodstuffs manufactured or labelled before the first day of the third month following the
publication of this Decree and which comply with the regulations in force on that date may be
marketed until stocks are exhausted, and in any case not later than one year from the
publication of this Decree.
Article 9
Decree No 2022-947 of 29 June 2022 on the use of certain names used to designate foodstuffs
containing plant proteins is repealed.
Article 10
The Minister for the Economy, Finance and Industrial and Digital Sovereignty and the
Minister for Agriculture and Food Sovereignty are responsible, each one insofar as it concerns
their area, for the implementation of this Decree, which will be published in the Official
Journal of the French Republic.
(4) “processing”: any action that substantially alters the initial product, including heating, smoking, curing, maturing, drying, marinating, extraction, extrusion, or a combination of those processes;

Annex I: terms whose use is prohibited for the name of foodstuffs containing plant
proteins
 Fillet
 Striploin
 Rump
 Rib steak
 Beef cut
 Sirloin
 Hanger steak
 Thin skirt
 Beef steak
 Chuck
 Chuck steak
 Thin flank
 Steak
 Escalope
 Flank
 Grilled
 Loin
 Spare ribs
 Ham
 Butcher
 Meat product maker
(5) “processed products”: foodstuffs resulting from the processing of unprocessed products. These products may contain substances which are necessary for their manufacture or to confer specific characteristics on them;

Annex II: terms authorised to describe foodstuffs of animal origin which may
contain plant proteins and the maximum share of plant proteins which may be
contained in the foodstuffs for which such terms are used
Maximum plant protein content
Term or name
(expressed as dry matter)
Andouille 1.00%*
Andouillette 1.00%*
Bacon 0.50%*
Ballotine 1.00%*
White (poultry*) 3.00%
Boudin 1.00%*
Cervelat 2.00%
Sausage mixture 0.5 0%*
Poultry sausage mixture (****) 2.00%
Chipolata 1.00%*
Chorizo 1.00%*
Poultry chorizo (****) 1.5%
Confit/Liver confit (excluding poultry) 0.50%*
Coppa 0.50%*
Cordon bleu 3.50%
Corned beef 1.00%*
Cooked pork rib 1.00%
Crépinette 1.00%*
Poultry crépinette (****) 2.00%
Cooked pork shoulder 0.50%*
Cooked shoulder 0.50%*
Medium-salted shoulder 0.50%*
Dry shoulder 0.50%*
(Poultry) escalope 1.00%*
Viennese (poultry species) escalope 1.00%
Cooked fillet 1.00%
Cooked fillet mignon 0.50%*
Dry fillet mignon 0.50%*
Smoked fillet mignon 0.50%*
(6) “ingredient”: any substance or product, including flavourings, food additives and food enzymes, or any constituent of a compound ingredient, used in the manufacture or preparation of a foodstuff and still present in the finished product, possibly in modified form; residues are not considered as ingredients.

Maximum plant protein content
Term or name
(expressed as dry matter)
Fuseau 1.00%*
Galantine 5.00%
Gigolette 1.50%
Gigot 1.50%
Cooked ham 0.50%*
Raw ham 0.50%*
Dry ham 0.50%*
Reims ham 1.00%
Burgundy ham 1.00%