One of the samples is left with the owner or holder of the product. If the interested party refuses to keep the said sample on deposit, this refusal will be mentioned in the report or the minutes. Under no circumstances shall the person concerned alter the condition of the sample entrusted to him.
When, because of the quality or quantity of a product, it is impossible to divide it into three samples, the official taking the sample shall seal the entire product in a single sample.
A copy of the report or record of sampling shall be sent by its author(s), as appropriate, to the Director General of the Agence nationale de sécurité du médicament et des produits de santé or to the Director General of the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail. The Agency will immediately inform the officials who drafted the report or the minutes whether it is…
On receipt of the sample(s), as appropriate, the Agence nationale de sécurité du médicament et des produits de santé or the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail or the specialised establishment or body designated by it to carry out the analyses enters a registration number for each sample on the label referred to in Article R. 5127-10.
The results of the analyses and the conclusions of the analysis report are communicated to the officials who drew up the report or the sampling record and, as appropriate, to the Agence nationale de sécurité du médicament et des produits de santé or the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail if the latter has designated another establishment or specialised body to carry out these…
If the analysis report reveals facts that could lead to criminal prosecution, it is forwarded to the public prosecutor, together with the report or record of the sample-taking and the third sample kept by the officer who took the sample.
For the application of Article R. 5127-13, where, due to the circumstances that led to the sample being taken or the appearance of the sample, as the case may be, the Director General of the Agence nationale de sécurité du médicament et des produits de santé or the Director General of the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail or the official(s) who drew up…
The products seized are placed under seal and sent to the public prosecutor at the same time as the official report. If it is not possible to send them immediately, they are left with the person concerned or, if he refuses, in a place chosen by the author of the official report.
If the Public Prosecutor considers, following the inspector’s report or the laboratory’s report, and if necessary after a preliminary investigation, that proceedings should be instituted or an investigation initiated, he shall refer the matter to the court or the investigating magistrate, as the case may be. If an expert opinion is required, it will be carried out in accordance with the rules of this sub-section.
If the presumption of an offence is based on the laboratory analysis, the public prosecutor will inform the alleged perpetrator of the fraud or falsification that he or she may obtain the laboratory report and that he or she has three clear days in which to present his or her observations and to state whether or not he or she is requesting an expert opinion.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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