To be able to practice as a fishmonger in France, the person concerned must hold the necessary qualifications. The rules vary according to his nationality: French, national of a l'' (UE) or l' (EEE), a third-country national.

The choice of a legal form (or legal status) of the company is a decisive step.

It determines the company’s operating rules, but it also has implications for the tax system and social protection.

There are two main legal forms:

• Individual business (EI) : allows you to carry out your activity alone and in your own name. The Head of company and the individual business shall form a one and the same person. Micro-company (or self-company) is an individual business with a simplified tax and social system.
• Business : allows you to work in a legal entity distinct from the head of company. It has the legal personality, i.e. it has its own legal existence (share capital, company name, registered office, etc.).

These two modes of exercise each have their own specific rules:

To make the right choice, it is therefore essential to take into account many factors:

• Exercise of the activity alone or with several partners (in business )
• Tax regime for the taxation of profits
• Social protection scheme according to the envisaged legal form.

To help you choose the legal form that best suits your situation, the Urssaf offers the following simulator:

Finding the right legal status (form) for your company project

The fishmonger buys fishery products, prepares them and then markets them. It can offer prepared dishes (terrines, fish soups...).)

In order to guarantee the safety of its customers, the fishmonger must carry out a declaration of food handling to the Departmental Directorate for Population Protection (DDPP):

This declaration must be made before opening the establishment in one of the following ways:

• or by filling in the Cerfa form n° 13984:

Declaration of handling of food of animal origin

• or directly online :

Declaration of handling of food of animal origin

For more details, you can consult our fact sheet on the declaration of handling of foodstuffs and health approval.

Contributions called by theUrssaf: titleContent depend on the structure of the business and the legal status of the manager.

To know all the rules concerning the social system of the manager, it is possible to consult the sheet relating to the Social protection of the business manager.

The professional who carries out his activity in his own name (individual business) or as majority manager of a business (such as an EURL or SARL), is affiliated to the Social security for the self-employed (SSI), the compulsory scheme for self-employed persons.

The professional must pay social contributions to the Urssaf from the beginning of his activity.

However, in practice, no contributions or social contributions are required during the first 90 days which follow the launch of its activity.

Since the income is not yet known at the start of the activity, the contributions are first calculated on a flat-rate basis for the first 2 years (at the same rates as those applicable during the course of business). They are then adjusted and regularized according to the real revenues of the fiscal year.

Contributions must be paid online in one of the following ways:

• Either every month : payment is made on the 5th or 20th of each month, by direct debit.
• Either every quarter : payment is made by direct debit, telepayment or credit card on 5 February, 5 May, 5 August and 5 November.

When he carries out his activity within the framework of a business and holds management functions that give him the status of employee equivalent (president or paid CEO of SAS for example), the professional reports to the general social security system.

His social security contributions are identical to those of an executive employee, and he enjoys equivalent social protection, with the exception of unemployment insurance (optional unemployment insurance is however possible).

The fishmonger must undergo training in food hygiene, called "HACCP training". This training helps him to familiarize himself with the hygiene standards to follow in his production environment.

The regulations concern the following points:

• Rules of safety of food, food packaging and food packaging : each seafood product must be traceable from its origin to the final consumer. Fish factories must thus:
  
  • Mention the species, the method of production (fishing or farming), the catching or farming area, and the date of capture.
  • Maintain an accurate record of suppliers and batches received.
  
  The fishmonger must be able to identify the origin of the products and provide this information during checks.
• Fitting out of premises, equipment and equipment : the premises must be arranged in such a way that dirty work areas (waste management, diving, etc.) must be separated from food production and storage areas. Floors must be made of waterproof, non-absorbent, washable and non-toxic materials. They must allow for adequate sewage disposal to avoid stagnation. The height of the counters is regulated to ensure a good presentation of the products while protecting them from contamination. These countertops should be made with smooth materials, easy to clean and disinfect. Water drainage systems are crucial in a fish shop. They must be designed to effectively remove ice wash and melt water, thus avoiding any risk of cross-contamination.
• Storage temperature conditions : Fish and seafood should be kept at a temperature close to that of melting ice, generally between 0° C. and 2° C.
• Freezing conditions : It is forbidden to refreeze a thawed product, to defrost a product in the open air, to freeze leftover catering dishes, etc.
• Hygiene of staff and premises : Staff must ensure proper maintenance of the premises, worktops, machinery and tools of the fish factory. He must wear clean and adapted clothing, with a headdress and gloves regularly changed. Hand washing is mandatory after each exit from the sanitary facilities, when returning to work, after handling waste, etc. Any employee who is sick or has an open wound must avoid coming into contact with food.
• Use of a guide to good hygiene practices

You can access the official guide to good hygiene practices (GBPH) on the page of the ministry responsible for agriculture:

Consult a guide to good hygiene practices (GBPH)

For more information, you can refer to our fact sheet on rules of hygiene in restaurants and food shops.

The fishmonger freely sets the price of his products.

Sales prices must be displayed in euros, all taxes included (TTC).

These prices must be legible and understandable to the consumer.

Prices can be displayed on a panel in the shop, near the product or directly on it.

The total product price and its unit price per liter, kilo, etc. Therefore, the price per kilo of fish sold by weight should be indicated.

In case of failure to comply with this regulation, a fine of up to €3,000 maximum is incurred for a person practicing in individual business and €15,000 maximum if the activity is carried out by a legal person.

Where the obligation to provide information on prices misleads the consumer, it may be qualified as « deceptive marketing practice ». This is the case, for example, where a special price is mentioned on a commodity when that price is customary. In this case, the fishmonger may be held criminally liable. The penalty is 2 years in prison and €300,000 of fine.

In order to provide the consumer with the best possible information, the sale of seafood products is governed by strict labeling rules.

• Mandatory information on the nature of the product must be visible, legible and written at least in French.
• Labeling must be fair and precise: it must not mislead the consumer, in particular as to the composition or origin of the food.

The labeling rules are different depending on whether or not the seafood is prepackaged.

Labeling of non-prepackaged seafood products

Food not prepackaged are those presented without packaging or packaging for sale, but packaged directly by the customer or at his request at the time of purchase.

For these foods, the labeling must be clear, precise and not mislead the consumer.

A placard or sign must be placed near the product offered for sale, stating the following:

• Trade name, i.e. the name of each species in the official language or languages of the Member State concerned
• Scientific name fish or crustaceans
• Method of production ‘caught’, ‘freshwater caught’ or ‘farmed’
• Origin of seafood:
  
  • For products from sea fishing: the fishing zone must be indicated. A sub-area shall be displayed when the fish has been caught in the North-East Atlantic or the Mediterranean.
  • For aquaculture fish: the country of rearing must be mentioned.
  • For products caught in fresh waters: the indication of the waters of origin in the country of provenance must be indicated
• Category of fishing gear (« seine », « trawl », « gillnet »…)
• Possible thawing of the product
• Presence of allergens or not: for preparations made by the fishmonger. For more information, you can consult the sheet on the allergen labeling on a food product.

For more information, you can consult the pages of the DGCCRF: titleContent :

Labeling of seafood and freshwater products: the rules to know

French general directorate for fair trading, consumer affairs and fraud control (DGCCRF)

Pour en savoir plus

A fishmonger operating in a retail trade must comply with the obligations relating to public establishments (ERP). These include:

• Fire safety : alarm and warning devices, a monitoring service and emergency means are to be put in place. All obligations are detailed in our sheet Fire safety rules of an establishment receiving the public (ERP).
• Security Registry : this register may be in paper form or be dematerialized. It is intended to establish a list of personnel responsible for the fire service and the date of the fitting-out and conversion works.
• Accessibility of premises for persons with disabilities : the space must facilitate wheelchair accessibility by inserting exterior walkways, doors without exterior, sanitary facilities open to the public, parking of vehicles. You can consult our sheet detailing the Erp accessibility obligations for persons with disabilities.

Fish shop, like all food retail stores (bakery, pastry, butcher, etc.) is allowed to open on Sundaysregardless of the number of employees required to open up trade, and until 13:00. You can consult our sheet on the regulation of the opening of the premises on sundays.

The fishmonger can subscribe to a professional property and casualty insurance which protects its business and equipment in the event of fire, water damage, theft, etc. Professional property and casualty insurance may include a guarantee of legal protection and an « Operating loss » guarantee to compensate for the loss of turnover of the company. It may also include professional indemnity insurance (RCP).

If they decide to hire, the entrepreneur takes a step in the life of their company because they become an employer. This status commits it to a legal framework, with formalities to be complied with and obligations to be assumed.

Here are the main steps and actions to anticipate.

• Declaration of employment

Before taking up any post, the employer must declare the employee. This declaration is made by means of the pre-employment declaration (DPAE) and must take place no earlier than 8 days before the hiring and no later than the day of taking up the position.

It allows toinforming social organizations the arrival of an employee andopen its rights social protection.

Notice of hiring (DPAE)

• Establishment of an employment contract and communication of the essential information of the employment relationship

In order to formalize the employment relationship, the employer must provide the employee with a employment contract.

This contract may be for an indefinite term (CDI) or a fixed term (CDD).

The employer must provide the employee with one or more written documents containing the main information relating to the employment relationship. The the deadline for communication varies according to the nature of the information.

To learn more about the nature of the information and the deadlines for communication, see this pageon the digital labor code website.

• Entry of the employee in the single staff register

Each newly hired employee must be registered on the single register of staff.

This register is mandatory from the first employee hired.

This document details thehistory of inputs and outputs employees in the company.

• Affiliation of the employee to the supplementary pension fund

Employers are obliged to enroll their employees in the supplementary pension schemes of theAgirc-Arrco: titleContent.

This affiliation is made by the single and dematerialized transmission of the registered company declaration (DSN) to all the bodies which manage the social protection of employees.

• Ensuring safety and health at work

Within 3 months of taking up his position, any newly recruited employee must benefit from a information and prevention visit organized by the employer and carried out by one of the occupational medicine.

The employer must also guarantee a safe working environment and prevent occupational risks.

For this, it must in particular inform and train the employee in safety, and update the single occupational risk assessment document (DUERP).

• Compliance with applicable collective agreement

The employer must apply the collective agreement which includes the principal activity carried out by the company. The title of the collective agreement must appear on the pay slip.

A fishmonger must apply theNational Collective Agreement for Butchery and Fish (IDCC 3254).

A simulator allows find your collective agreement with the company's name or Siret number :

Finding your collective agreement

Fishing involves various risks (pain in the back and shoulders and arms, risk of falls, cuts, injuries, risk of infection, electrical risk in a wet environment) that can lead to serious or fatal accidents.

The contractor must therefore put in place special safety measures (wearing personal protective equipment (PPE): aprons, anti-cut protective gloves, etc., put in place non-slippery floor coverings).

If employing employees, the fishmonger must also ensure their safety by implementing the following measures:

• Assess the risks in the company and formalize this assessment in the single occupational risk assessment document (DUERP)
• Provide them with appropriate equipment (personal protective equipment such as cut protection, aprons and protective gloves)
• Set up a secure work organization (non-slip floor covering, provide employees with non-slip shoes, mechanize the conveyance of ice)

To learn more, you can visit our page: Occupational health and safety: obligations of the employer.

To go further, it is possible to consult the fact sheets of the National Institute of Research and Safety (INRS) on the prevention of occupational risks for the profession of fishmonger.

Prevention of occupational risks in the fish sector

National Research and Security Institute (INRS)

Pour en savoir plus

In the course of his activities, the fishmonger is subject to the legal obligation to pay an annual financial contribution relating to his household packaging for the previous year.

This obligation applies to packaging handed over to customers for consumption to be taken away. These packagings are part of the chain Household packaging and graphic papers (EMPAP)

To make their declarations, fishmongers must join an eco-organization approved by the State, in order to obtain a Unique Identifier (IDU). There are 3 eco-organizations approved for this sector: Citéo, Adelphe, Léko.

Details of this obligation are specified on the sheet: Extended Producer Responsibility (EPR) Streams