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1°. Defining the activity
The pastry chef is a professional who prepares and sells fresh cakes and desserts. He masters the recipes of different types of pasta and fillings as well as the techniques of icing and topping.
It makes its products in the laboratory: it is a room equipped with work plans, baking plates, ovens, fermentation chambers and refrigeration. It uses different accessories such as molds, whips, brushes and sockets.
b. Competent Business Formality Centre
The relevant business formalities centre (CFE) depends on the nature of the activity, the legal form of the company and the number of employees employed:
- for craftsmen and commercial companies engaged in artisanal activity, provided they do not employ more than ten employees, the competent CFE is the Chamber of Trades and Crafts (CMA);
- for craftsmen and commercial companies that employ more than ten employees, this is the Chamber of Commerce and Industry (CCI);
- in the departments of the Upper and Lower Rhine, the Alsace Chamber of Trades is competent.
In the departments of Lower Rhine, Upper Rhine and Moselle, the activity remains artisanal, regardless of the number of employees employed, as long as the company does not use an industrial process. The competent CFE is therefore the CMA or the Chamber of Trades of Alsace. For more information, it is advisable to refer to the official website of the Alsace Chamber of Trades .
For more information, it is advisable to consult ICC Paris website .
For further information: Article R. 123-3 of the Code of Commerce.
2°. Installation conditions
a. Professional qualifications
Only a qualified person professionally or under the effective and permanent control of a qualified person can carry out the activity of pastry chef.
People who work as a pastry chef or who control the exercise should:
- either hold a Certificate of Professional Qualification (CAP), a Professional Studies Certificate (BEP) or a diploma or a higher level certified or registered at the time of its issuance at the national directory of professional certifications (RNCP);
- or justify an effective three-year professional experience in the territory of the European Union (EU) or another State party to the European Economic Area (EEA) agreement acquired as a business manager, worker self-employed or employed in the line of duty.
The diplomas for the exercise of the pastry industry include:
- CAP specialty "pastry"
- the professional bachelor's degree "baker - pastry chef."
For more information on each of these diplomas, it is advisable to refer to the April 23, 2008 amending the decree of 20 March 2007 establishing the certificate of professional pastry and pastry July 2, 2009 creating the "baker-pastry" specialty of the professional bachelor's degree and setting its conditions for issuance.
For further information: Article 16 of Law 96-603 of 5 July 1996 on the development and promotion of trade and crafts; Article 1 of Decree 98-246 of 2 April 1998.
b. Professional qualifications - European nationals
For Freedom to provide services
The professional who is a member of the EU or the EEA may work in France on a temporary and occasional basis as a pastry chef provided that he is legally established in one of these states to carry out the same activity.
In addition, where this activity or training is not regulated in the State of Establishment, he must have worked as a pastry chef for at least two years in the ten years preceding the performance he intends to perform. France.
The professional who meets these conditions is exempt from the registration requirements of the trades directory or the register of companies.
For further information: Article 17-1 of Law 96-603 of 5 July 1996 on the development and promotion of trade and crafts; Article 2 of Decree 98-246 of 2 April 1998.
For a Freedom of establishment
In order to carry out a permanent pastry business in France, the professional who is an EU or EEA national must meet one of the following conditions:
- have the same professional qualifications as those required for a Frenchman (see above "2 degrees). a. Professional qualifications");
- hold a certificate of competency or training document required for the exercise of pastry business activity in an EU or EEA state when that state regulates access or exercise of this activity on its territory;
- have a certificate of competency or a training certificate that certifies its preparation for the exercise of pastry business when this certificate or title has been obtained in an EU or EEA state which does not regulate access or exercise of This activity
- be the holder of a diploma, title or certificate acquired in a third state and admitted in equivalence by an EU or EEA state on the additional condition that the person has been a pastry chef in the Member State which has admitted for three years equivalence.
A national of an EU or EEA state that meets one of the above conditions may apply for a certificate of recognition of professional qualification (see below '3'. b. If necessary, apply for a certificate of professional qualification.")
If the individual does not meet any of the above conditions, the CMA may ask him to perform a compensation measure in the following cases:
- if the duration of the certified training is at least one year less than that required to obtain one of the professional qualifications required in France to carry out the activity of pastry chef;
- If the training received covers subjects substantially different from those covered by one of the titles or diplomas required to work as a pastry chef in France;
- If the effective and permanent control of the pastry business requires, for the exercise of some of its responsibilities, specific training which is not provided in the Member State of origin and covers substantially different subjects of those covered by the certificate of competency or training designation referred to by the applicant.
The compensation measure consists, in the applicant's choice, of an adjustment course or an aptitude test (see infra "3 c). If necessary, apply for a certificate of professional qualification").
For further information: Articles 16 and 17 of Law 96-603 of 5 July 1996; Articles 1 and 3 of Decree 98-246 of 2 April 1998.
c. Conditions of honorability and incompatibility
To carry out the activity in France, the pastry chef must not be under the influence:
- a ban on doing so (this ban applies for up to five years);
- a prohibition on directing, managing, administering or controlling, directly or indirectly, any commercial or artisanal enterprise, farm or corporation.
For further information: Article 19 of Act 96-603 of 5 July 1996 above; Article 131-6 of the Penal Code; Article L. 653-8 of the Code of Commerce.
d. Some peculiarities of the regulation of the activity
Regulations on the quality of craftsman and the titles of master craftsman and best worker in France
The persons who justify:
- either a CAP, a BEP or a certified or registered title when it was issued to the RNCP at least an equivalent level (see supra "2." a. Professional qualifications");
- or work experience in this trade for at least three years.
For further information: Article 1 of Decree 98-247 of 2 April 1998 on artisanal qualification and the repertoire of trades.
The title of master craftsman
This title is given to individuals, including the social leaders of legal entities:
- Registered in the trades directory;
- holders of a master's degree in the trade;
- justifying at least two years of professional practice.
Individuals who do not hold the master's degree can apply to the Regional Qualifications Commission for the title of Master Craftsman under two assumptions:
- when they are registered in the trades directory, have a degree at least equivalent to the master's degree, and justify management and psycho-pedagogical knowledge equivalent to those of the corresponding value units of the master's degree and that they have two years of professional practice;
- when they have been registered in the trades repertoire for at least ten years and have a know-how recognized for promoting crafts or participating in training activities.
For further information: Article 3 of Decree 98-247 of 2 April 1998 on artisanal qualification and the repertoire of trades.
The title of best worker in France (MOF)
The professional diploma "one of the best workers in France" is a state diploma that attests to the acquisition of a high qualification in the exercise of a professional activity in the artisanal, commercial, industrial or agricultural field.
The diploma is classified at level III of the interdepartmental nomenclature of training levels. It is issued after an examination called "one of the best workers in France" under a profession called "class" attached to a group of trades.
For more information, it is recommended that you consult official website of the competition "one of the best workers in France" .
For further information: Article D. 338-9 of the Education Code.
Comply with public institutions (ERP) regulations
The pastry chef must comply with the safety and accessibility rules for ERP. For more information, it is advisable to refer to the activity sheet Establishment receiving the public .
Meeting health standards
The pastry chef must apply the rules of REGULATION 852/2004 of 29 April 2004 which concern:
- The premises used for food;
- Food waste
- Water supply
- Personal hygiene
- food, packaging and packaging.
It must also respect the principles of the Hazard Analysis Critical Control Point (HACCP) of the above regulation.
The pastry chef must also apply the standards set out in the december 21, 2009 decree that specify the storage temperatures of perishable animal products:
- Preservation temperature conditions
- Freezing procedures
- how ground meats are prepared and game received.
Finally, it must respect the conservation temperatures of perishable foodstuffs of plant origin.
For further information: regulation of 29 April 2004 and decree of 21 December 2009 relating to the sanitary rules applicable to the activities of retail, warehousing and transport of animal products and food in containers; 8 October 2013 order on health rules for retailing, storing and transporting products and foodstuffs other than animal products and food in containers.
View prices and product labelling
The pastry chef must inform the consumer, through marking, labelling, display or any other appropriate process, about the prices and the specific conditions of the sale and execution of the services.
For further information: Article L. 112-1 of the Consumer Code.
The pastry chef freely determines the selling price of his pastries but the sale at a loss is prohibited.
For further information: Articles L. 410-2, L. 442-1 and the following of the Consumer Code.
Show ingredients recognized as allergens
The use in the manufacture or preparation of a food item of foodstuffs causing allergies or intolerances must be made known to the end consumer.
This information must be indicated on or near the commodity itself so that there is no uncertainty as to the commodity to which it relates.
For further information: Articles R. 412-12 to R. 412-16 and Appendix IV of the Consumer Code.
3°. Installation procedures and formalities
a. Company reporting formalities
The pastry chef must be registered in the directory of trades and crafts (RMA).
For more information, it is advisable to refer to the activity sheet "Artisanal Company Reporting Formalities".
b. Follow the installation preparation course (SPI)
Before registering in the trades directory or, for the departments of Lower Rhine, Upper Rhine and Moselle, in the register of companies, the future entrepreneur must have followed an SPI.
If a reason of force majeure prevents it, the professional is allowed to fulfill his obligation within one year of his registration or registration.
The SPI is composed of:
- a first part devoted to the introduction to general accounting and analytic accounting as well as information on the economic, legal and social environment of the artisanal business and on social and social responsibility and environmental issues;
- a second part that includes a post-registration support period.
The purpose of the internship is, through courses and practical work, to enable future craftsmen to know the conditions of their installation, financing problems, techniques for forecasting and controlling their operation, to measure knowledge necessary to the sustainability of their business and to inform them about the opportunities for continuing education adapted to their situation.
The chamber of trades, the establishment or the centre seized by an application for an internship is required to start the internship within thirty days. After this period, the registration of the future business owner cannot be refused or deferred, without prejudice to the other obligations conditioning the registration.
The future entrepreneur may be excused from following the SPI:
- if he has a level 3-certified degree or degree with a degree in economics and business management or a master's degree from a CMA;
- if he has been in a professional activity for at least three years requiring a level of knowledge at least equivalent to that provided by the internship.
Internship exemption for EU nationals
To settle in France, a qualified professional who is a national of the EU or the EEA is exempt from following the SPI.
The CMA may ask the CMA to submit to an aptitude test or an adjustment course when the examination of his professional qualifications reveals that the national has not received management training or that his training relates to substantially different materials from those covered by the SPI.
However, the CMA cannot ask the professional to submit to such a compensation measure:
- i.e. when he has been in a professional activity requiring at least the same level of knowledge as the SPI for at least three years;
- or when, for at least two consecutive years, he has worked independently or as a business leader, after receiving training for this activity sanctioned by a diploma, title or certificate recognized by the State, member or party, which has issued it, or deemed fully valid by a competent professional body;
- either where, after verification, the board finds that the knowledge acquired by the applicant during his professional experience in a Member State or party, or in a third state, is likely to cover, in full or partially, the substantial difference in content.
For further information: Article 2 of Law 82-1091 of 23 December 1982 on the vocational training of craftsmen; Articles 6 and 6-1 of Decree 83-517 of 24 June 1983 setting out the conditions for the application of Law 82-1091 of 23 December 1982 relating to the vocational training of craftsmen.
Terms of exemption
The request for exemption must be addressed to the President of the Regional CMA.
The applicant must accompany his mail:
- Copying the Grade III-approved diploma;
- Copying the master's degree
- proof of a professional activity requiring an equivalent level of knowledge.
If the exemption is not answered within one month of receiving the application, the exemption is considered to be granted.
For further information: Article 2 of Law 82-1091 of 23 December 1982 on the vocational training of craftsmen; Articles 1 to 7 of Decree 83-517 of 24 June 1983 setting out the conditions for the application of Law 82-1091 of 23 December 1982 relating to the vocational training of craftsmen.
c. If necessary, apply for a certificate of professional qualification
The EU or EEA national may apply for a certificate of professional qualification to exercise effective and permanent control over the pastry business.
The request must be addressed to the regional CMA or to the regional chamber of trades and crafts in which the national wishes to practice.
Procedure and response time
The board issues a receipt stating the date of receipt of the full application within one month of receipt.
In the event of an incomplete application, it notifies the applicant of the list of missing documents within 15 days of receipt and issues the receipt as soon as the file is complete.
In the absence of notification of the board's decision within four months of receipt of the full application, recognition of the professional qualification is deemed to be acquired from the applicant.
The board may, by reasoned decision:
- issue a certificate of qualification when it recognises qualification;
- inform in writing that compensation is required.
The application for certification of professional qualification must be accompanied by:
- diploma, vocational training, certificate of competency or certificate of activity (see supra "2." b. Professional qualifications - European nationals");
- Proof of the applicant's nationality;
- for documents not drawn up in French, a translation certified in accordance with the original by a sworn or authorized translator.
The CMA may request the disclosure of additional information regarding the level, duration and content of its training to enable it to determine the possible existence of substantial differences with the required French training.
It may also request proof by any means of professional experience that can compensate, in full or in part, for the substantial difference.
The CMA, which is applying for recognition of professional qualification, may decide to subject the applicant to a compensation measure. Its decision lists the subjects not covered by the qualification attested by the applicant and whose knowledge is essential to carry out the activity of pastry. Only these subjects can be subject to the aptitude test or the adaptation course, which cannot last more than three years.
The applicant informs the CMA of his choice to take an adjustment course or to take an aptitude test.
The aptitude test takes the form of an examination before a jury. It is organised within six months of the CMA's receipt of the applicant's decision to opt for the event. Failing that, the qualification is deemed to have been acquired and the CMA establishes a certificate of professional qualification.
At the end of the aptitude test, the board issues a certificate of professional qualification to the successful applicant within one month.
If the applicant chooses to do an accommodation internship, the CMA sends him a list of all the organizations likely to organize this internship, within one month of receiving the applicant's decision. Failing that, the recognition of the professional qualification is deemed acquired and the board establishes a certificate of professional qualification.
At the end of the adjustment course, the applicant sends the board a certificate certifying that he has completed this internship, accompanied by an evaluation of the organization that organized it. On the basis of this certification, the board issues a certificate of professional qualification to the person concerned within one month.
Any legal action against the CMA's decision to seek compensation is preceded, barely inadmissibility, by an administrative appeal exercised, within two months of notification of that decision, with the prefect department where the room is headquartered.
For further information: Articles 3 to 3-2 of Decree 98-246 of 2 April 1998 on the professional qualification required for the activities of Article 16 of Act 96-603 of 5 July 1996 relating to the development and promotion of trade and crafts; decree of 28 October 2009 under Decrees 97-558 of 29 May 1997 and No. 98-246 of 2 April 1998 relating to the procedure for recognising the professional qualifications of a professional national of a Member State of the Community other state party to the EEA agreement.
d. If necessary, make a declaration in case of preparation or sale of animal or animal products
Any operator of an establishment producing, handling or storing animal products or foodstuffs containing animal ingredients (meat, dairy products, fish products, eggs, honey), intended for consumption must meet the obligation to declare each of the establishments for which it is responsible, as well as the activities that take place there.
The declaration must be made before the opening of the establishment and renewed in the event of a change of operator, address or nature of the activity.
The declaration must be addressed to the prefect of the establishment's implementation department or, for establishments under the authority or guardianship of the Minister of Defence, to the health service of the armed forces.
Applicant must complete The Cerfa 13984*03 form.
For further information: Articles R. 231-4 and R. 233-4 of the Rural code and marine fisheries; Article 2 of the 28 June 1994 decree on the identification and health accreditation of establishments on the market for animal or animal products and safety markings.
e. If necessary, seek health approval in the event of the sale of food to intermediaries
Establishments preparing, processing, handling or storing animal products or foodstuffs into containers for human consumption (raw milk, meats, eggs, etc.) must obtain a health approval for market their products to other establishments.
The application for accreditation must be addressed to the Departmental Directorate of Social Cohesion and Population Protection (DDCSPP) at the establishment's location.
If the application for accreditation is complete and admissible, a conditional approval is granted for a period of three months to the applicant.
During this period, an official check takes place. If the conclusions of this visit are favourable, final approval is granted. Otherwise, the points of non-compliance are notified to the applicant and the conditional approval may be renewed for a further three months. The total duration of conditional approval may not exceed six months.
The application for health accreditation is made using the Form Cerfa 13983 completed, dated and signed and accompanied by all the supporting documents listed by the memo DGAL/SDSSA/N2012-8119 June 12, 2012 relating to the accreditation process and the composition of the file.
These documents relate to the presentation of the company, the description of its activities and the health management plan.
For further information: Articles L. 233-2 and R. 233-1 of the Rural code and marine fisheries; 8 June 2006 order on the health accreditation of establishments that market animal products or foodstuffs containing animal products; DGAL/SDSSA/N2012-8119 of June 12, 2012 relating to the accreditation procedure and the composition of the file.
Good to know
It is advisable to check with the SDCSPP to ensure the need to apply for accreditation and, if necessary, to obtain assistance in establishing the application file.
f. If necessary, obtain a waiver from the requirement for health accreditation
The establishments affected by the exemption are the shops:
- ceding limited quantities of food to other retail outlets;
- delivery distances to other retail outlets do not exceed 80 kilometres.
The product categories covered by the exemption include:
- Dairy products
- heat-treated milks
- products made from eggshells or raw milk that have undergone a sanitizing treatment.
The pastry chef can obtain this exemption if the distance with the establishments delivered does not exceed 80 km (or more by prefectural decision) and:
- for heat-treated milks, if it yields a maximum of 800 litres per week when it sells 30% or less of its total production or 250 litres per week when it sells more than 30% of its total production;
- for dairy products and for shell or raw milk egg products that have undergone a sanitizing treatment, if it yields a maximum of 250 kg per week when it sells 30% or less of its total production or 100 kg if it sells more than 30% of its total production;
The request for a waiver must be addressed to the DDCSPP of the department in which the institution is located.
The application for waiver of the grant is made using form Cerfa 13982 completed, dated and signed.
For further information: Article L. 233-2 of the Rural Code and Marine Fisheries; Articles 12, 13, Annexes 3 and 4 of the 8 June 2006 Order on the Health Accreditation of Establishments offering animal products or foodstuffs containing animal products; DGAL/SDSSA/2014-823 from 10 October 2014.