With the exception of products intended to be sold on a farm on a physical wholesale market by the producer or producer organisation, fresh fruit and vegetables intended for sale or resale to a professional established in France must, when transported on national territory, including within the confines of markets of national interest, be accompanied by an order form drawn up by the buyer or by a contract concluded with the commission agent or representative. The order form shall state the names of the parties, their addresses, the date of the order, the quantity, the method of determining the price and the precise description of the products. The contract shall mention the names of the parties, their addresses, its date, its purpose as well as the conditions for fixing the price paid to the supplier and for remunerating the commission agent or the representative.
In the event that the documents mentioned in the first paragraph could not be presented to the authorised agents during transport, it is the responsibility of the buyer to send them, within forty-eight hours, these documents or, failing this, a message, in writing or by electronic means, certifying that he has indeed ordered the products concerned and specifying the price or prices agreed with his supplier for the purchase of these products.
Where the purchaser itself carries out the transport of the products it has purchased directly to its suppliers’ premises, it shall certify, at the time of the inspection, that it is the owner of the products.
Any failure by the purchaser, commission agent, agent or supplier to comply with the obligations resulting from this article shall be punishable by an administrative fine of up to €15,000 for a natural person and up to €75,000 for a legal person.
The maximum fine incurred is increased to €30,000 for a natural person and €150,000 for a legal entity in the event of a repetition of the breach within two years of the date on which the first penalty decision became final.