Chapter VIII: Raw materials for pharmaceutical use.

Articles in this section · 7

Article L5138-2

French Public Health CodeIn force

Updated 6 Nov 2023

I.-"Raw materials for pharmaceutical use" means all the constituents of medicinal products within the meaning of Article L. 5111-1, i.e. :

1° The active substance or substances. An active substance is any substance or mixture of substances intended to be used for the manufacture of a medicinal product and which, when used for its production, becomes an active component of this medicinal product exerting a pharmacological, immunological or metabolic action with a view to restoring, correcting or modifying physiological functions, or establishing a medical diagnosis;

2° The excipient(s). An excipient is any component of a medicinal product other than an active substance and packaging materials.

II - Pharmaceutical use is presumed for these materials when they are sold to :

1° A pharmaceutical establishment mentioned in article L. 5124-1 or article L. 5142-1 ;

2° A pharmacy for internal use ;

3° A pharmacy ;

4° A doctor, a veterinarian or a person authorised to prepare self-vaccines for veterinary use mentioned in article L. 5142-1-1 or veterinary medicinal products mentioned in article L. 5142-1-2 ;

5° An establishment or organisation mentioned in article L. 5142-1-1 or article L. 5142-1-2.

This is not the case when the person selling these materials provides proof of a different use by producing a certificate from the purchaser.

III - In order to establish, or not, the pharmaceutical use of one of the raw materials mentioned in I and sold to a person other than those listed in II, the seller must be able to justify the use of these raw materials. To this end, he may ask the purchaser for a certificate attesting to their intended use.

IV -The manufacture of a raw material for pharmaceutical use means the complete or partial manufacture of this raw material as well as the various processes of division or packaging prior to its incorporation into a medicinal product and storage, with a view to its sale.

V.-Distribution of a raw material for pharmaceutical use means the activities of purchasing, selling, repackaging, relabelling and storage.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More