Subsection 6: Tests and analyses

The tests and analyses carried out as part of the investigation and recording of breaches of the provisions laid down in articles L. 121-2 to L. 121-4 and Book IV of the legislative part of this Code, as well as the provisions adopted for its application, are carried out in accordance with the provisions of this section.

The tests and analyses are carried out by State laboratories.The competence of each laboratory authorised to carry out these tests and analyses is set by an order of the minister responsible for the economy.When the State laboratory comes under the authority of another minister, the order is issued jointly by that minister and the minister responsible for the economy.

Laboratories other than those mentioned in article R. 512-31 may be authorised to carry out analyses or tests, subject to approval.

When the laboratories mentioned in articles R. 512-31 and R. 512-32 are unable to carry out the analyses or tests due to their exceptional specialisation or extreme urgency, the State laboratory responsible for the product in question shall, under its supervision, use the services of a laboratory able to provide the required services, or shall be assisted by an expert of its choice.

Laboratories, other than those mentioned in Article R. 512-32, carrying out their activities in another Member State of the European Union or party to the Agreement on the European Economic Area are authorised to carry out analyses or tests on samples taken as part of a European cooperation action involving several Member States. .

To examine the samples, the laboratories shall use the methods of analysis or testing defined in Article 11 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 as amended on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. The Minister responsible for the economy may lay down the methods of…

The State laboratory referred to in Article R. 512-31, draws up, as soon as its work is completed, or as soon as it receives the results of the analyses or tests entrusted to the laboratories authorised to carry out the expert appraisal pursuant to articles R. 512-32 to R. 512-34, a report in which the results of the examination and the analyses or tests to which the sample was subjected…

If it does not emerge from the laboratory report that the sample does not comply with the characteristics to which the product must conform, the administrative department which registered the sample, in the absence of any other piece of information likely to constitute a presumption of non-compliance with the regulations, shall notify the owner or holder of the product without delay. In this case, the value of the samples taken…

If it emerges from the laboratory report that the sample does not comply with the characteristics to which the product must conform, the administrative department to which the authorised official reports, after any useful additional enquiries, will compile the file in the light of the information at its disposal. .