French Consumer Code
In forceI.-Decrees in the Council of State define the rules with which goods must comply. In particular, they determine:
1° The conditions under which the export, offer, sale, distribution free of charge, possession, labelling, packaging or method of use of goods are prohibited or regulated;
2° The conditions under which the manufacture and import of goods other than products of animal origin and foodstuffs containing them, animal feedstuffs and animal feedstuffs containing products of animal origin are prohibited or regulated;
3° Methods of presentation or inscriptions of any kind on the goods themselves, packaging, invoices, commercial documents or promotional documents, in particular concerning: the method of production, nature, substantial qualities, composition including, for foodstuffs, nutritional composition, content of useful principles, species, origin, identity, quantity, suitability for use, instructions for use as well as optional or compulsory special marks affixed to French goods exported abroad ;
3° bis In the case of inscriptions of any kind relating to pre-packaged foodstuffs, the arrangements for making the corresponding information available to the public online by the party responsible for first placing the product on the market, under the conditions laid down in Book III of the Code on relations between the public and the administration;
4° The definition, composition and name of goods of any kind, the lawful treatments to which they may be subjected, and the characteristics that make them unfit for consumption;
5° The definition and conditions of use of advertising terms and expressions, with the aim of avoiding confusion;
6° The hygiene rules to be observed by food and feed business operators at all stages of production, processing and distribution, including imports and exports, of food products and foodstuffs other than products of animal origin and foodstuffs containing products of animal origin, and of feedstuffs other than those of animal origin or containing products of animal origin;
7° The determination of the conditions under which products 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 are prepared, kept, held with a view to sale or distribution free of charge, offered for sale, sold, served and transported, as well as the determination of the characteristics to be met by the equipment necessary for their preparation, preservation, holding with a view to sale or with a view to distribution free of charge, offering for sale, sale, distribution free of charge and transport ;
8° The conditions under which the microbiological and hygienic characteristics of products intended for human or animal consumption other than products of animal origin and foodstuffs containing them, animal feedstuffs and animal feedstuffs containing products of animal origin are determined;
9° The arrangements for the traceability of goods;
10° The requirements for accuracy, verification and consideration of the significant elements of the life cycle of products in the preparation of claims of an environmental nature or using the terms sustainable development or its synonyms, where these claims are presented on products and foodstuffs intended for sale to consumers or accompany their marketing in the form of statements on packaging, publications, advertising, telemarketing or insertions on digital or electronic media ;
11° Hygiene and health conditions to be observed by persons involved in the manufacture, processing, transport, storage or sale of products.
1° to 11° apply to the provision of services.
II.-The decrees mentioned in I may order that products be withdrawn from the market or recalled with a view to their modification, total or partial reimbursement or exchange, and lay down obligations relating to consumer information. They may also order the destruction of these products when this is the only way to put an end to a danger.
These decrees specify the conditions under which manufacturers, importers, distributors or service providers are charged for the costs relating to the measures to be taken by virtue of the regulations thus enacted.
With regard to the information mentioned in 3°a of the same I, these decrees determine in particular the place where the data is made available and its format so as to constitute an open database accessible to all users and to allow the free re-use of such data.
