Any manufacturer, importer or distributor of excipients as defined by Article L. 5138-2 who carries out his activity without having declared himself to the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products) pursuant to and in accordance with the conditions laid down by Article L. 5138-1 shall be liable to the fine laid down for fifth-class offences.