Part Three: Combating disease and addiction

Importing or manufacturing, purchasing, holding or putting into circulation with a view to sale, offering for sale, selling or offering free of charge drinks prohibited by article L. 3322-3 (1° and 3°) is punishable by a fine of 9,000 euros. However, the retail sale or offer is only punishable by a fine of €3,750. In all cases, the prohibited or illicit products are confiscated. The provisions of the previous paragraphs…

The offer free of charge or sale by a producer or manufacturer, to any person other than those authorised by article L. 3322-5, of anethol or essences that may be used in the manufacture of alcoholic beverages, is punishable by a fine of €3,750. Any person authorised by article L. 3322-5 to purchase these products and resell them on the domestic market, contrary to the provisions of this article, is…

Ignoring the prohibitions set out in article L. 3322-5 is punishable by six months’ imprisonment and a fine of €3,750. The court will also order the confiscation of the goods and means of transport and the permanent closure of the establishment. Offences are prosecuted and recorded in the same way as for indirect taxation.

The retail sale by a street vendor of drinks from the fourth and fifth groups is punishable by a fine of €3,750.

Making available to the public an automatic device for dispensing alcoholic beverages is punishable by a fine of €3,750. The machine used to commit the offence will be seized and the court will order its confiscation. In the event of a repeat offence, the offender may also be sentenced to six months’ imprisonment. Selling alcoholic beverages between 10 p.m. and 8 a.m. without having undergone the training provided for in…

Selling alcoholic beverages at a fuel sales outlet outside the hours specified in the fourth paragraph of article L. 3322-9 or selling refrigerated alcoholic beverages there is punishable by a fine of €7,500. A repeat offence is punishable by one year’s imprisonment and a €15,000 fine. Legal entities guilty of the offence referred to in the first paragraph of this article incur the additional penalties provided for in 2°, 4°,…

Except where they are declared or authorised under the conditions set out in article L. 3322-9, or where they are tastings with a view to sale within the meaning of article 1587 of the French Civil Code, the offer of alcoholic beverages free of charge, with a commercial aim, as well as their sale on a principal basis for a fixed sum, are punishable by a fine of €7,500. A…

Infringements of the provisions of articles L. 3323-2, L. 3323-4 to L. 3323-6, relating to the advertising of alcoholic beverages, are punishable by a fine of 75,000 euros. The maximum fine may be increased to 50% of the amount spent on the illegal operation. In the event of a repeat offence, natural persons found guilty of the offence referred to in the previous paragraph may incur the additional penalty of…

Authorised competition, consumer affairs and fraud control officers ensure compliance with articles L. 3322-2, L. 3323-2, L. 3323-4 and L. 3323-6 as well as the regulations issued for their application. They investigate and record any offences or breaches provided for by these texts under the conditions set out in article L. 511-5 of the French Consumer Code.