French Public Health Code
In forceSubject to the provisions of Article L. 1453-6, it is prohibited for the professionals mentioned in Article L. 5143-2, the groups mentioned in Article L. 5143-6 and for feed business operators approved for the manufacture of medicated feed within the meaning of Regulation (EU) 2019/4 of 11 December 2018, as well as for the associations representing them, to receive benefits in kind or in cash, in any form whatsoever, in a direct or indirect manner, provided by marketing authorisation, registration, temporary use authorisation and parallel trade holders as well as by the establishments mentioned in Article L. 5142-1 and by the natural or legal persons mentioned in articles L. 5142-1-1 and L. 5142-1-2. They are also prohibited from offering or procuring these benefits.
The first paragraph of this article also applies to students intending to become veterinary surgeons or pharmacists and to associations representing them.
However, the first paragraph does not apply to benefits provided for in agreements between the professionals mentioned in article L. 5143-2, the veterinarians and pharmacists mentioned in article L. 5143-8 and the holders of marketing authorisations, registrations, temporary use authorisations and parallel trade authorisations as well as the establishments mentioned in article L. 5142-1 and the natural or legal persons mentioned in articles L. 5142-1-1 and L. 5142-1-2, provided that the explicit object and real purpose of these agreements is research or scientific evaluation and that, prior to their implementation, they are submitted to the competent professional body for its opinion. It does not apply to benefits provided for in agreements between students studying for the professions mentioned in article L. 5143-2 and holders of marketing authorisation, registration, temporary use authorisation and parallel trade authorisations as well as establishments mentioned in article L. 5142-1 and natural or legal persons mentioned in articles L. 5142-1-1 and L. 5142-1-2 when the purpose of these agreements is research activities as part of the preparation for a degree.
Nor does it apply to hospitality offered, directly or indirectly, during promotional events or during events of an exclusively professional and scientific nature when this is provided for by an agreement between the marketing authorisation, registration, temporary use authorisation and parallel trade holders as well as the establishments mentioned in article L. 5142-1 and the natural or legal persons mentioned in articles L. 5142-1-1 and L. 5142-1-2. 5142-1-1 and L. 5142-1-2, the professionals referred to in article L. 5143-2 and the veterinary surgeons and pharmacists referred to in article L. 5143-8, and that this hospitality is of a reasonable level and limited to the main professional and scientific objective of the event and is not extended to persons other than the professionals directly concerned. The same applies, with regard to students studying for the professions mentioned in article L. 5143-2, for hospitality offered, directly or indirectly, during scientific events in which they participate, provided that this hospitality is reasonable and limited to the main purpose of the event.
A decree in the Conseil d'Etat shall determine the terms and conditions for the application of this article. In particular, it shall specify the procedures for forwarding these agreements and the deadlines set for the competent bodies to give their opinion. If the latter issue an unfavourable opinion, the company will forward this opinion to the professionals mentioned in article L. 5143-2 or to the groupings mentioned in article L. 5143-6, before the agreement is implemented. In the absence of a response from the professional bodies within the given timeframe, the opinion is deemed to be favourable. The company is obliged to inform the competent ordinal body whether the agreement has been implemented.
For the application of the provisions of this article to students and army veterinarians covered by the provisions of article L. 4138-2 of the Defence Code, the Minister for Defence exercises the powers of the competent bodies of the Order of Veterinarians.
