Sale by unpacking: rules to be respected

The sale for unpacking is open to the following participants:

• Professionals enrolled in SCR: titleContent  : Individual entrepreneurs (IS) or businesses
• Individuals not enrolled in the SCN : they must sell only personal and used items. They are limited to 2 participations per year.

For unpacking sales authorized to individuals, the organizer must keep a daily special register allowing sellers to be identified. This register is first recorded and initialed by a police department, gendarmerie or by the mayor.

Throughout the event, this register must be made available to the police and gendarmerie, tax, customs, competition, consumer and fraud departments.

It must be deposited at the prefecture or sub-prefecture of the venue of the event, at the latest in the 8-day period after this one.

The sale by unpacking may be carried out in next locations :

• Sites on public roads or in the public domain, without a permanent occupation for the purpose of carrying on a commercial or craft activity (e.g. sidewalks)

• All spaces not included in the area intended for sale within a commercial establishment (e.g. parking lot or shopping mall)
• Premises or places the use of which for a commercial or craft activity is not proved by a reference to the SCR: titleContent (for example, lobby or meeting room in a hotel)
• Vehicles specially adapted for the sale of goods to the public.

How do I declare the sale for unpacking?

The organizer of the sale by unpacking must carry out a prior declaration to the mayor the municipality of the place of sale. The declaration must be made by registered letter or delivered against receipt to the mayor of the commune, using the Cerfa form n° 13939.

Prior declaration of a sale by unpacking

The declaration must be accompanied by a proof of identity of the declarant and be signed by the organizer or a person qualified to represent him.

A copy must also be sent to the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP) of the place of sale.

How long will it take to apply?

The deadline for applying to the city hall varies according to the place of sale :

• Sale outside public space : declaration at least 15 days before the date scheduled for the start of the sale.
• Sale on public space : simultaneous reporting to application for authorization to temporarily occupy the public domain (AOT). The deadlines vary according to the municipality.

Which organizers are exempt from the declaration?

On the other hand, prior declaration is not required for the following:

• Professionals with a road or parking permit for sales on the public highway
• Professionals on sales tours
• Professionals conducting public auctions
• Organizers of trade events held in an exhibition park
• Organizers of fairgrounds and agricultural events where only producers or breeders are exhibiting.

A sale by unpacking may not exceed 2 months per year in the same premises or on the same location or in the same arrondissement in large cities. This period may be fractional or continuous.

If the sale period is exceeded, the mayor must inform the declaring organizer of the penalties incurred at least 8 days before the start of the sale.

Limitation of the duration of the sale does not concern the following persons:

• Professionals with a road or parking permit for sales on the public highway
• Professionals on sales tours
• Professionals conducting public auctions
• Organizers of trade events held in an exhibition park
• Organizers of fairgrounds and agricultural events where only producers or breeders are exhibiting
• Fruit and vegetable sellers, when the sale is made during a period of economic crisis.

In the absence of a declaration in the town hall

Making an unpacking sale without declaration in the town hall is punished by the correctional court with a fine of €15,000 against a natural person (individual entrepreneur) and €75,000 against a legal person (business, association, etc.).

As of January 26, 2023, the offender can avoid prosecution in the Correctional Court by choosing to settle an flat-rate fine.

The amount of the flat-rate fine depends on the date on which it is paid:

• €150 for a natural person and €750 for a legal person who settles within 15 days of the infringement or, if the infringement notice is sent to him, within 15 days of the dispatch.
• €200 for a natural person and €1,000 for a legal person who settles after the 15-day period but within 45 days of the infringement or the sending of the notice of infringement.
• €450 for a natural person or €2,250 for a legal person who settles after the 45-day period following the infringement or the sending of the infringement notice.

In the event of non-compliance with the authorized period

Making an unpacking sale without complying with the maximum duration of 2 months shall be punished by a fine of €1,500. In the case of a repeat offense, the fine may be up to €3,000.

In the absence of a register

For authorized unpacking sales to individuals, the organizer must maintain a register allowing sellers to be identified. This register must be made available to the police and gendarmerie services, tax services, customs services, and the competition, consumer and law enforcement services.

The absence of a register or the refusal to submit it to the administrative authorities shall be punishable by 6 months imprisonment and €30,000 of fine.