I. – In the event of a breach of the provisions of 9° of Article L. 5424-4, the Director General of the regional health agency with territorial jurisdiction may, after giving formal notice, except in emergencies, within a period set by him and which may not be less than eight days, to the person responsible for the breach to comply with his instructions and to submit his observations:
1° Order the temporary closure of the e-commerce website for medicinal products for a maximum period of five months;
2° Order a financial penalty against the offender and, where applicable, attach to this fine a daily penalty which may not exceed €1,000 per day where the offender has not complied with its instructions by the end of a period set by the formal notice.
II. – The amount of the financial penalty may not exceed 30% of the pharmacy’s turnover from e-commerce activities in its last financial year, subject to a limit of one million euros.
III. – If, at the end of the period during which the website is closed, the pharmacist has not complied with the applicable rules, the Director General of the Regional Health Agency may order a new closure under the same conditions.
IV. – The regional health agency shall inform the relevant professional association of the implementation of the procedure provided for in this article.
The Director General of the Regional Health Agency may decide to publish decisions to impose financial penalties and temporary suspensions on websites trading in medicinal products under I of this article on the website of the Regional Health Agency.