Doing Business in France
- France
- 03/14/2008
- J.P. Karsenty et Associés
I. Administrative and Rural Legal Issues
The following legal rules set forth the legal requirements or compulsory rules pertaining to the building of a slaughter-house and to the processing of animal slaughter.
The legal system pertaining the building and the processing of slaughter-houses is strongly regulated, in order to prevent any medical risk, but also in order to ensure an adequate service on the national territory.
Therefore, in order to avoid “wild” slaughter-houses (stockbreeder carries out itself slaughter in its farm), “private slaughters” (i.e., inside a farm), are prohibited by the provisions of article L654-3 of the rural Code (subject to the case of some animals slaughter like poultries and lagomorphs).
The opening of a commercial slaughter-house (in opposition to “public slaughter-houses”, i.e. handled, managed or owned by a public authority) requires as administrative authorisation. The “Préfet” is vested with the authority to grant such authorisation.
With regard to commercial slaughter-houses, the client must meet three core conditions in order to open and operate a slaughter-house (article R. 654-1 of the rural Code). In order to be authorised, private slaughterhouses needs:
• to be registered in an “industrial development program” (“plan d’equipment”);
• to have and use materials or devices complying with standards set by decree of the minister in charge of agriculture;
• to meet requirements of the environmental Code pertaining to the “Classified facilities for the protection of the environment” (CFPE)
II. Environmental Law: The “classified facilities for the protection of the environment”
Provisions pertaining to “Classified facilities for the protection of the environment” (CFPE) apply to:
“factories, workshops, depots, work, sites and, in general, to all facilities operated or owned by any public or private person or entity, which might present hazards or drawbacks for the convenience of the neighbourhood, or for public health and safety, or for agriculture, or for the protection of nature and the environment, or for the conservation or sites and monuments or elements of the archaeological heritage”.
(Article L511-1 of the environmental code)
Now, beef slaughtering (which might entail deposit and processing of by-products of animal origin) and meat processing (which might involve preparation and conservation of food products) are likely to “present hazards or drawbacks for the convenience of the neighbourhood, or for public health and safety, or for agriculture, or for the protection of nature and the environment”, as far as they are referred in the nomenclature of classified facilities set by a Conseil d’Etat decree.
This decree defines the facilities as being subject to authorisation or to declaration, according to the gravity of the hazards or drawbacks their operation might present.
Therefore, the client must first refer to the nomenclature of CFPE to determine whether the activity handled by the client is subject to an authorisation or a declaration (A). Then the client must comply with the requirements set by the authorisation system or the declaration system (B), in order to avoid administrative sanctions©.
A. The nomenclature of classified facilities
The client must refer to the CFPE nomenclature to determine whether the activity carried out by the client is subject to an authorisation or a declaration. The scope of the nomenclature depends upon the kind of activity carried out by the client.
Nomenclature of classified facilities pertaining to animal slaughtering
“Rubrique”Nº2110 applies: the client must refer to Arrêté type: nº 2210.
If the weight of the animals expressed in carcasses is (during rush period):
• higher than 5 t/day, then an authorisation should be sought;
• higher than 500kg/day, but lower than or equal to 5t/day, then a declaration should be sought.
Nomenclature of classified facilities pertaining to preparation or conservation of products of animal origin (by cutting, cooking, canning, deep freezing, freeze-drying, dehydration, salting, drying, smoking, etc)
“Rubrique”Nº2121 applies: the client must refer to Arrêté type nº 2221
If the quantity of products entering is:
• higher than 2 t/day: then an authorisation should be sought;
• higher than 500kg/day, but lower than or equal to 2t/day, a declaration should be sought.
Nomenclature of classified facilities pertaining to the deposit of by-products of animal origin (including remains, exits and corpses)
“Rubrique”Nº2731 applies. If the quantity likely to be present in the installation is higher than 500 kg, an authorisation is required.
Nomenclature of classified facilities pertaining to the processing of by-products of animal origin (including remains, exits and corpses)
“Rubrique”Nº2730 applies. If the quantity likely to be present in the installation being higher than 500 kg, then an authorisation is required.
When the CFPE nomenclature is determined, the client must then comply with the requirements set by the authorisation system or the declaration system.
B. Legal rules applicable to facilities subject to authorisation and facilities subject to declaration
The following rules are important as far as the declaration process (2.) is faster than the authorisation process (1.).
1. Facilities subject to authorisation
(Article L512-1 of the environmental Code)
Facilities that present serious hazards or drawbacks for the interests referred to in Article L.511-1 of the environmental Code are subject to authorisation by the Préfecture. The authorisation may be granted only if these hazards or drawbacks can be prevented by measures which are specified in the ruling of the Préfecture.
The applicant must supply a risk study specifying the risks to which the facility may expose the interests referred to in Article L.511-1, directly or indirectly, in case of an accident for whatever reason, be it internal or external to the facility. The content of the risk study must relate to the scale of the risks caused by the facility. It defines and justifies appropriate measures to reduce the probability and effects of such risks. The granting of the authorisation, for these facilities, may be subject in particular to their distance from dwellings, from buildings habitually occupied by third parties, establishments receiving the public, waterways, communication routes, water catchment areas, or zones destined for dwellings by binding documents. It takes into account the technical and financial capacities of the applicant to conduct his or her project.
The authorisation is granted by the Préfet, after a public enquiry into any possible incidences the project might have on the interests mentioned in Article L.511-1 and after the municipal councils concerned have given their opinion. A département-level commission is also consulted; it may vary in accordance with the type of facilities in question. If a building permit (see § IV here-after) has been applied for, it may be granted but may not be executed before the closure of the public enquiry.
For facilities whose operation for an unlimited duration would create unacceptable dangers or drawbacks for the interests referred to in article L.511-1, due to increasing use of the surface or sub-surface, the authorisation must set the maximum duration of the operation or of the phase of operation in question and, should the occasion arise, the maximum volume of products stored or extracted, as well as the conditions applicable for the redevelopment of the site after the end of the operations.
In communes which include a production area of wines of designated origin, the authority competent to issue the authorisation consults the National Institute of Designations of Origin.
2. Facilities subject to declaration
(Article L512-8 of the environmental Code)
Facilities which, while not presenting serious hazards or drawbacks for the interests referred to in L511-1, must nonetheless comply with the general regulations enacted by the Préfet in order to protect the interests referred to in Article L511-1 are subject to declaration.
The general regulations are enacted by rulings of the Préfecture, issued after the opinion of the competent advisory commission of the department and, for workshops above ground level, that of the agriculture orientation commission of the département. They apply automatically to any new facility or to any facility subject to a new declaration.
The Prefet may only dismiss the authorisation on procedural grounds.
NB: Activities, installations and use pertaining to water aquatic environment are strictly regulated. However, this set of rules only applies when concerned installations do not appear in the nomenclature of classified facilities.
The client must comply with the requirements set by the authorisation system or the declaration system, in order to avoid administrative sanctions.
C. Administrative Sanctions
Regardless of any criminal proceedings that might be brought, and when an inspector of classified facilities has ascertained a failure to comply with the conditions imposed on the operator of a classified facility, the Préfet serves formal notice to the latter to comply with the said conditions by set deadline.
If, on expiry of the deadline set for performance, the operator has not complied with the said order, the Préfet may:
1. Oblige the operator to deposit with the Treasury a sum corresponding to the amount of the work to be carried out, which sum will be returned to the operator gradually as the required measures are performed;
2. Have the required measures enforced ex officio and at the expense of the operator;
3. Issue a ruling, after an opinion has been given by the competent advisory commission of the département, suspending the operation of the facility until the conditions imposed have been fulfilled and take the necessary provisional measures.
III. Urban Planning Law
The following legal issues lay the emphasis on main urban planning law issues: agricultural zones of the Commune PLU (“plan local d’urbanisme” or local urban plan scheme) and building permit (A.). Without being exhaustive, the client should also pay attention to some specific regulations, that might impact the choice of the location of the projected plant. (B.).
NB: Please note that specific insurance coverage is mandatory with regard to the client’s project.
A. Building Permit & Agricultural Areas
New constructions and modifications of existing facilities must be proceeded by the delivery of a building permit. The building permit may be granted only if projected work complies with the legislative provisions relating to the land use, to the establishment, the destination, nature, architecture, dimensions, the cleansing of constructions and with the adjustment of their accesses and if they are not incompatible with a “declaration of public utility”.
Constructions and installations necessary to agricultural activity are only authorised in zone A (agricultural areas are refrred to as “zones A”) of the PLU of the Commune. The sectors of the Commune to protect because of the agronomic, biological or economic potential of the arable lands are classified in zone A.
Is animal slaughtering or meat processing considered as an agricultural activity?
There is not any black letter law; rulings vary according to the circumstances of the case and depend upon the provisions of the various “PLU”.
• Projects “directly related” to the agricultural activity is to be included in this category the activity related to the extraction, conditioning, the transformation and the marketing of agricultural produce.
• Projects not “directly related” to agriculture
Buildings intended for the cramming of ducks, their slaughtering and their transformation constitute the accessory of artisanal activity. This activity is not considered as an activity “strictly related and necessary to the agricultural or forest activity”.
B. Special Regulations
The project can be refused or be acceptable subject to the consistency with special regulations if it is likely to jeopardize public health or public safety because of its situation, its characteristics, its importance or its establishment near other installations. As an example, one must pay attention to the national town planning decree (règlement national d’urbanisme).
Is valid the permit to build a cattle-shed intended to accommodate a hundred bovines, located at 100m of the nearest dwelling, that is to say the double of the minimal distance required by the departmental medical.
The project can be refused or be accepted subject to the observation of special regulations if it is likely, because of its localization, to be exposed to serious harmful effects, due in particular to the noise. This rule is applied with flexibility by jurisprudence (breeding noises do not constitute serious harmful effects).
IV. Sanitary Regulations
Building permit must be consistent with sanitary regulations. The agricultural premises are thus subjected to the regulations of sanitary regulations. Most restrictive rules, sanitary rules or urban planning rules, will apply to the building permit.
The decree nº 91-409 of the 26th of April 1991 issues regulations concerning the agri-food products, products or drinks intended for the human consumption. This text defines its own scope of application and issues requirements pertaining to the preparation of storage, conditioning, the treatment of the goods regarded as sensitive. The scope of application also embraces buildings hygiene, devices, means of transport, food products as referred by this regulation.
The building and processing of an animal slaughtering plant and a meat processing plant require various declarations and/or authorisation. Of course, these legal steps may be carried out simultaneously, in order to speed up the client project.
