Which establishments are authorized to resell tobacco?

Verified 20 June 2024 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Finance

Some establishments are allowed to resell tobacco in addition to their main activity. They're called reseller establishments (restaurants, bars and cafes licensed III or IV, petrol stations, prisons and barracks). Reseller must to declare his commitment with Customs and choose a tobacco delivery of attachment from which he undertakes to buy tobacco.

This is a resale and not for sale. The sale is reserved only for tobacco outlets (buralists, etc.).

A business authorized for resale is called reseller institution.

Tobacco resale activity must be complementary the reseller's primary business. The reseller has the right to sell tobaccoonly to its own customers and its staff working on site. It is the people who are present in the establishment for its main activity, and not for the purchase of tobacco alone.

Example :

A restaurant owner is not allowed to sell tobacco to a person who is not eating in his restaurant.

He has to buy the tobacco from a tobacco store, called attachment rate.

The following establishments have the right to become tobacco resellers:

  • Restaurant (with a restaurant license)
  • Bar and coffee (with license III or IV)
  • Service station: only those located on a motorway, or on a link ensuring the continuity of the motorway network, or on an express or fast track in an urban environment or all service stations located in Corsica
  • Prison
  • Barracks.

Only one authorized throughput of tobacco attachment: the closest

Attachment rate must be tobacco rate closest of the reseller establishment.

FYI  

The calculated distance is the one between the doors input of the 2 establishments. It can be traveled on all roads open to the public during the day, even those reserved for pedestrians.

Derogations for a more remote connection rate

The reseller establishment may choose a different, more distant, flow rate for the attachment tobacco 3 situations following:

  • The reseller wishes to offer cigars for purchase, but the nearest connection rate does not provide them. The closest connection rate must allow him to obtain supplies from another tobacco rate by filling in the following form cerfa (No 15351):

Declaration of cigar supply agreement

  • The nearest attach debit is on vacation
  • The nearest attach rate refuses. He must then fill in the following cerfa form (No 15350) waiver :

Declaration of waiver by the nearest tobacco debit manager

Starting a resale activity

At least 15 days before start of the activity for resale of tobacco, the dealer shall forward to the customs the 2 forms following:

  • The following document shall be submitted to him by tobacco flow rate :

Certification by the manager of the flow of the tobacco used for the attachment

  • The dealer must also complete and submit to customs the following form:

Declaration of commitment by the legal representative of the tobacco resale establishment

Who shall I contact

End of a tobacco supply

When the supply of tobacco to a reseller ceases, the flow manager for the tobacco of attachment fill out the following form:

Declaration of end of supply of tobacco and/or cigars

It shall forward it to the customs service on which the reseller depends.

The reseller institution shall comply with the following obligations:

  • The maximum quantity of tobacco authorized for resale is 20 kg per month.
  • Tobacco resale activity must be discreet  : no display, no tobacco products in presentation.
  • He must have a resale book. This booklet is provided by the throughput of the attachment tobacco. It lists all tobacco purchases.
  • He must at least propose 3 manufacturers different types of tobacco.
  • He has to set a price equal to or higher than the purchase price at the connecting debit (sale price approved by interministerial decree published in the Official Journal)
  • During each supply, pay directly to the manager of the flow of the tobacco of attachment, the totality of the sum due in a single time.
  • It must manage and take responsibility for the transport tobacco products purchased at a branch office to its own establishment.
  • Respect for the tobacco public health regulation is a must in its establishment.
    For example: banning the sale of tobacco to miners, clear and visible signs on thesmoking ban in a public place.

Warning  

The reseller must not use a vending machine for resale of tobacco products.

Who can help me?

Find who can answer your questions in your region