TerraLex Cross-Border Guide to Cross-Border Food & Beverage Guide

Yes.

ANSES (National Agency for Food) In relation to foodstuff, the ANSES is primarily involved in ensuring human health safety, but also helps ensure the protection of animal health and welfare and the protection of plant health. It assesses the nutritional and functional properties of foodstuffs.

Santé Public France (‘Public Health France’) and the Agences Régionales de Santé (Regional Health Agencies) France Public Health and the Regional Health Agencies are public establishments whose mission is to effectively protect public health by observing, understanding and acting on health crises. Another mission of the Regional Health Agencies is to ensure safe drinking water.

DGAl (Directorate-General for Food of the Ministry of Agriculture and Food Sovereignty)

The DGAl is responsible for all matters relating to food safety, including the management of health crises or contamination leading to poisoning, CFTIs (collective food poisoning), illness and, in rarer cases, death.

DGCCRF (Directorate-General for Competition, Consumer Affairs and Fraud Control) The DGCCRF is responsible for combating unfair and fraudulent practices in the area of foodstuff, particularly with regard to product labelling, promotional terms and claims of quality or origin.

French Customs and indirect taxation authority) Alcoholic beverages are submitted to specific import taxes to be paid to the French tax authorities.

A large part of French food law stems from EU regulation. In brief, material legislation includes:

The French Consumer Code (FCC) The FCC:

• sets out a list of compulsory pre-contractual information that the seller must make available to the consumer and provides a framework to ensure transparency with regard to the price, the composition and the conditions of sale of products. In this regard, a number of mandatory indications are required for the product to be compliant,
• prohibits certain practices considered to be detrimental to the consumer, such as unfair and misleading behaviors,
• regulates the conditions to be met in order to benefit from the use of a designation of origin, labels or, among other things, certificates of conformity for products.

The French Public Health Code (PHC) The PHC classifies beverages into 4 different categories, the first one focusing on non-alcoholic beverages. Beverages with an alcohol concentration of less than 1.2° are considered to be non-alcoholic (There is currently a project at EU level to lower this threshold to 0.5%).

The PHC also regulates access to clean water.

European Hygiene Package This European legislation establishes 5 regulations (EU Regulations n°178/2002, n°852/2004, n°853/2004, n°183/2005 and n°2017/625) directly applicable in all EU Member States designed to guarantee a high hygiene level for foodstuff along the supply chain, from primary animal and plant production to distribution to the end consumer, including the agri-food industry, the catering trade and transport. To this end, all operators involved in the food chain are subject to a performance obligation to guarantee this standard, which must be demonstrated by the implementation of appropriate control measures to achieve the objectives defined by the Hygiene Package.

Food According to EU Regulation n° 882/2004, all operators of establishments producing, handling or storing foodstuffs of animal origin or foodstuffs containing ingredients of animal origin (meat, dairy products, fishery products, eggs, honey) intended for human consumption must make a declaration if they deliver foodstuff directly to the final consumer, or must obtain an approval if they deliver foodstuff to another establishment.

Non-alcoholic beverages No need for a license to distribute non-alcoholic beverages.

Consumers are legally entitled to free, clean water in restaurants and public houses.

In every establishment selling alcoholic beverages, it is compulsory to display at least 10 bottles or containers containing at least one of each category from a list of 7 types of non-alcoholic beverages. If the establishment offers alcoholic beverages at reduced prices during a restricted period (e.g. ‘happy hour’), he must also offer those non-alcoholic beverages at reduced prices.

Promotions Immediate or deferred promotional advantages on foodstuffs that have the effect of reducing the sale price to the consumer are restricted both in terms of value and volume, in order to preserve a decent income for producers.

Yes.

ANSES (National Agency for Food) The ANSES also intervenes on health issues related to the composition and hygiene level of alcoholic beverages.

Santé Public France (‘Public Health France’) and the Agences Régionales de Santé (Regional Health Agencies) France Public Health and the Regional Health Agencies are involved when alcoholic beverages are the cause of public health concerns and health crises.

DGCCRF (Directorate-General for Competition, Consumer Affairs and Fraud Control) The investigations carried out by the DGCCRF are aimed at checking the sales names of spirit drinks, verifying the fairness of commercial practices (mentions of ageing, origin and refining of spirit drinks, etc.) and looking for the presence of undesirable substances likely to present a danger to the consumer.

The French Public Health Code (PHC) The rules on alcoholic beverages are set out in the section entitled ‘Prevention of alcoholism’.

The French Consumer Code (FCC) The FCC also regulates the sale of alcoholic beverages in the same way as the sale of non-alcoholic beverages and foodstuffs (pre-contractual information, transparency, mandatory indications, prohibition of misleading practices and protected denominations).

General restriction A person or company engaged in the manufacturing or import of an alcoholic beverage must, prior to the sale or free offer of this beverage, make a declaration to the indirect taxation authorities, stating, together with their name and address, the name of the beverage, its composition and the use, as an aperitif or digestive, for which it is intended. Otherwise, those beverages can’t be supplied by the manufacturer or importer, nor held, transported, offered for sale, sold or given away free of charge.

There is a prohibition, except for export abroad, on the manufacturing, possession and circulation for the purpose of sale, offer for sale, sale and supply free of charge of certain alcoholic beverages whose composition reaches certain alcohol and sugar thresholds.

It is forbidden to distribute alcoholic beverages from vending machines.

Classification of alcoholic beverages Beverages are legally classified into 4 different categories, categorized depending on their level of alcohol and/or sugar.

Online sales The general rules in the “Prevention of alcoholism” Section of the PHC also apply to online sales. In addition, remote sales are considered to be takeaway sales, which implies that the license for takeaway sales is required.

Requirements to commercialize alcohol in France General requirements

No alcoholic beverage may be marketed unless, at all stages of the supply chain, it bears on the label: its designation, the name and address of the manufacturer or importer, as well as the qualifier ‘digestif’ or ‘apéritif’. This information must be reproduced on invoices and commercial circulars and at points of sale.

It is forbidden to include any qualification or commentary tending to present the drink as having hygienic or medical value.

All packaging units of alcoholic beverages must carry a health message recommending that pregnant women should not consume alcohol.

The sale and offering of alcoholic beverages to minors is prohibited. The person supplying the drink must require the customer to provide proof of having reached the age of majority (18).

In addition, it is forbidden to set up establishments selling alcoholic beverages in the vicinity of a series of public places. Sale and delivery of alcoholic beverages are also prohibited in all sports establishments, notwithstanding case-by-case derogations.

License requirements

There are a number of different licenses, depending on the delivery method (on-site, takeaway, restaurants…) and the category of alcoholic beverage commercialized.

To obtain a compulsory license from local authorities, all vendors must declare their business permit 15 days before the opening of a new establishment. Such business permit is issued by an approved training organization, acknowledging specific training. The delivery of alcoholic beverages between 10 pm and 8 am requires specific training.

Promotion and advertising Direct or indirect advertising in favor of alcoholic beverages is strictly regulated.

Promotion in establishment selling alcoholic beverages

In every establishment selling alcoholic beverages, it is compulsory to display at least 10 bottles or containers containing at least one of each category from a list of 7 types of non-alcoholic beverages. If the establishment offers alcoholic beverages at reduced prices during a restricted period (e.g. ‘happy hour’), he must also offer those non-alcoholic beverages at reduced prices.

Content of the promotion or advertising

All advertising for alcoholic beverages, with the exception notably of commercial circulars intended for professionals, must be accompanied by a health message stating that alcohol abuse is dangerous to health.

Authorized advertising for alcoholic beverages is limited to few information such as the degree of alcohol by volume, the origin, the name, the composition of the product, the name and address of the manufacturer, agents and stockists, as well as the method of production, the conditions of sale and the method of consumption of the product, references to production areas, awards obtained, designations of origin or geographical indications, the color and olfactory and gustatory characteristics of the product

Advertising support

Direct or indirect advertising or propaganda for alcohol are only admitted on certain support. Any sponsorship operation is prohibited when its purpose or effect is direct or indirect propaganda or advertising in favor of alcoholic beverages.