Supervision of promotions: new seasonal products escape the rule

Temporarily established by the Agriculture and Food Law of October 30, 2018 and extended until April 15, 2023, the framework for food promotions does not apply to certain marked seasonal products, i.e. to those for whom more than half of the sales for the year are concentrated over a period of 12 weeks at most.

Note: this exemption is subject to a reasoned request from a professional organization or an inter-professional organization representing the foodstuffs concerned.

As such, Christmas turkeys, geese, capons, mini capons, hens and guinea fowl capons now benefit from the exemption.

These products therefore join Christmas and Easter chocolates, foie gras, wild mushrooms, canned, frozen or dehydrated, and canned, frozen or fresh prepared snails, which were already affected by the exemption.

Note: this exemption applies until March 1, 2023.

Reminder of the promotion framework

On an experimental basis, since 1er January 2019, promotional benefits, immediate or deferred, having the effect of reducing the selling price to the consumer of foodstuffs or products intended for pet food, are framed both in value and in volume.

Reminder: this measure, as well as that relating to raising the threshold for resale at a loss of 10% of foodstuffs, is intended to ensure fairer remuneration for producers and therefore to improve their income.

Thus, promotions on these products cannot exceed 34% of the selling price to the consumer. They are also limited to 25% by volume. More precisely, they cannot exceed 25% of the amount of the forecast turnover or the forecast volume defined in the agreement concluded between the supplier and the distributor.

Decree of August 5, 2021, OJ of 20

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