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Book IV: Criminal and financial penalties

Article L5411-1 of the French Public Health Code

In the premises, places, installations and vehicles to which they have access pursuant to article L. 1421-2, as well as in places open to the public, public health inspecting pharmacists and inspectors from regional health agencies who are pharmacists authorised and sworn in under the conditions laid down by decree in the Conseil d’Etat are authorised to investigate and record breaches of the laws and regulations relating to the practice…

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Article L5411-2 of the French Public Health Code

The Public Prosecutor shall be informed in advance of any operations planned by the inspectors referred to in article L. 5411-1 with a view to detecting infringements. He may object to these operations. Reports are forwarded to him within five days of their completion. A copy is also given to the person concerned. Infringements and breaches are recorded in minutes, which are authentic until proven otherwise.

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Article L5411-3 of the French Public Health Code

As part of this mission, the inspectors referred to in article L. 5411-1 may seize products on the basis of a judicial authorisation issued by an order of the liberty and custody judge. The request must include all the information required to justify the seizure. The seizure is carried out under the authority and control of the judge who authorised it. The products seized are immediately inventoried. The inventory is…

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Article L5411-4 of the French Public Health Code

When investigating or ascertaining an offence referred to in article L. 5411-1, the inspectors referred to in article L. 5411-1 are empowered to note the identity of the person they are checking. If the person refuses or is unable to prove his or her identity, they shall immediately report the matter to any territorially competent officer of the judicial police, who may then carry out an identity check under the…

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Article L5412-1 of the French Public Health Code

In the premises, places, installations and vehicles to which they have access pursuant to article L. 1421-2, as well as in public places, the Agency’s inspectors, authorised and sworn under the conditions laid down by decree in the Conseil d’Etat, are authorised to investigate and record breaches of the laws and regulations relating to the activities and products mentioned in article L. 5311-1 as well as the provisions of Title…

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Article L5413-1 of the French Public Health Code

In the premises, places, installations and vehicles to which they have access pursuant to article L. 1421-2, as well as in public places, the medical inspectors of public health and the inspectors of the regional health agencies with the status of medical doctor, authorised and sworn in under the conditions laid down by decree in the Conseil d’Etat, are authorised to investigate and record breaches of the laws and regulations…

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Article L5414-1 of the French Public Health Code

The agents mentioned in article L. 511-3 and in 1° and 2° of I of article L. 511-22 of the French Consumer Code are authorised to investigate and record infringements and breaches of the laws and regulations relating to the following activities and products mentioned in article L. 5311-1: 1° Medical devices and their accessories ; 2° In vitro diagnostic medical devices and their accessories; 3° The products listed in…

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Article L5414-3 of the French Public Health Code

The officers mentioned in article L. 511-3 and in 1° and 2° of I of article L. 511-22 of the French Consumer Code are authorised to investigate and record breaches of the provisions of article L. 5132-8 insofar as they concern dangerous substances and preparations used for non-medical purposes, and of the regulatory measures taken to apply these provisions. To this end, they have the powers provided for in I…

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Article L5421-1 of the French Public Health Code

Failure to comply with the rules of good practice defined in the decisions or orders issued in application of article L. 5121-5, failure to comply with which is likely to result in a serious risk to public health, is punishable by one year’s imprisonment and a fine of €150,000.

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