What is Bulk Selling?
The practice of bulk selling has existed for many years for certain products, such as fresh fruit and vegetables or dry products such as cereals, legumes or dried fruit.
Since the law of August 22, 2021 on the fight once morest waste and the circular economy, known as “AGEC” lawbulk sale is now defined in the Consumer Code as sale to the consumer:
- products presented without packaging;
- in quantities chosen by the consumer;
- in reusable or reusable containers.
Bulk sales are offered in self-service or assisted service.
Recommendations to support distributors
Mentions of the duration of the conversation (DLC or DDM) of the product, their manual (methods of conservation following purchase, preparation, cooking, or use) or the information ofbatch identification facilitating product recall procedures are not indicated on products sold in bulk in self-service. However, the absence of this information can lead to risky practices.
Although this is not a regulatory obligation, ANSES therefore recommends that the consumer can have this information when purchasing, distributors being responsible for the health safety conditions of the products they sell.
More generally, ANSES recommends that distributors apply proper hygiene practices for bulk sales, including the cleaning of equipment, including that handled by customers, control of product storage conditions and the use of furniture suitable for bulk sales. For example, for consumers with food allergies, self-service bulk sales may expose them to allergens, if the intended removal utensil was used for another food (such as the shovel to remove cashews that would have been used by another customer to buy peanuts). Appropriate distribution systems make it possible to avoid these situations.
ANSES strongly encourages distribution professionals to write a Guide to good hygiene practices specific to this activity.
The consumer, a key player in health safety
When purchasing prepackaged or non-prepackaged products, the consumer must follow certain rules to avoid poisoning when preparing, cooking or storing food. Bulk sales reinforce the need for the consumer to play a greater part as an actor in health security. To be practiced in complete safety, this mode of consumption requires a phase d’acculturation.
More specifically, the consumer must make sure to bring a clean container to avoid the development of microorganisms. In addition, the material of the container must be suitable for the product purchased (for example suitable for food contact to be able to contain food). However, for some products, the hygiene and suitability of the container, although visually checked, will not guarantee consumer safety when purchasing. Also, ANSES emphasizes the need to strengthen the communication – via distributors, consumer associations, schools, public authorities, media, etc. – to inform and support consumers in the implementation of the good practices associated with bulk sales.
A list of products to be excluded from bulk sales, evolving over time
According to the consumer code, “Any everyday consumer product can be sold in bulk, except for exceptions duly justified by public health reasons”. ANSES analyzed the draft list of products to be excluded from bulk sale prepared by the DGCCRF for Article L. 120-1. It suggests adding other particularly sensitive products such as certain products containing dangerous chemical substances (detergents, washing powders) or hygiene products that cannot be washed before use (baby diapers, intimate protection products).
Certain products might thus be sold in bulk on the condition that the sale is assisted or accompanied by a seller (see box below). This is particularly the case for highly perishable foodstuffs such as foodstuffs sold in refrigerated sections (meat, fish, certain dairy or charcuterie products, etc.) or certain animal foodstuffs: these products are in fact likely to contain pathogenic microorganisms and/or their toxins, and might deteriorate over time and become detrimental to health.
Lastly, ANSES considers that a mechanism for regular review of this list of exceptions must be put in place in order to take into account possible technological innovations or feedback from the implementation of bulk sales.
