Chapter IV: Retail distribution.

Opening, operating or transferring a pharmacy without holding a licence pursuant to article L. 5125-18 or despite the suspension or withdrawal of the licence is punishable by one year’s imprisonment and a fine of €75,000.

The following constitutes a breach subject to a financial penalty: 1° Opening, operating or transferring a pharmacy without holding the licence referred to in article L. 5125-18 or despite the suspension or withdrawal of such licence; 2° Transferring a licence independently of the business to which it relates; 3° (deleted) 4° Failing to hand over the licence to the Regional Health Agency when the pharmacy closes for good; 5° Failing…

The following constitutes a breach subject to a financial penalty: 1° Not being the owner of the pharmacy of which he is the proprietor or being the owner or co-owner of several pharmacies. However, these provisions do not apply to the cases provided for by the law of 31 December 1990 relating to the practice in the form of companies of liberal professions subject to a legislative or regulatory status…

The following constitutes a breach subject to financial penalties: 1° Selling the medicinal products and products mentioned in article L. 5121-8 at a price higher than that resulting from price regulations; 2° Selling to the public medicinal products, products or objects mentioned in article L. 4211-1 through commission houses, purchasing groups and establishments owned or managed by persons who do not hold one of the diplomas mentioned in article L….

The following is punishable by two years’ imprisonment and a fine of €150,000 for a pharmacist: 1° Operating a pharmacy without medicines being prepared by or under the direct supervision of a pharmacist; 2° Dispensing a magistral or officinal preparation containing one or more substances whose use in such preparations is prohibited. 3° Dispensing simple drugs, chemical products or preparations that do not meet the specifications described in the pharmacopoeia;…

The sale, display or distribution of medicines on the public highway, at fairs or markets, even by a person holding a pharmacist’s diploma, is punishable by one year’s imprisonment and a fine of €75,000.

The fact that a pharmacist enters into an agreement with a doctor, dental surgeon or midwife guaranteeing them a profit of any kind on the sale of pharmaceutical, medicinal or cosmetic products that they may prescribe is punishable by two years’ imprisonment and a fine of €75,000.

Failure by a pharmacist to practise his profession personally is punishable by a fine of €75,000.

Failure by the proprietor of a pharmacy that remains open in his absence to arrange for a regular replacement is punishable by a fine of €75,000.

When a prosecution is brought by the judicial authority in application of the articles mentioned in this chapter, the Director General of the Regional Health Agency may order the temporary closure of the pharmacy. Natural persons guilty of an offence under this chapter are liable to the additional penalty of temporary or permanent closure of the pharmacy.