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[Medicinal plants in France, between pharmacy and herb trade: historical and legislative aspects]
1Laboratoire de droit et déontologie pharmaceutiques, faculté des sciences pharmaceutiques et biologiques, université de Lille 2, 3, rue du Professeur-Laguesse, BP 83, 59006 Lille cedex, France.
Abstract:
Medicinal plants are registered on the French Pharmacopoeia in its successive editions, the first dated 1818. The edition which is currently in force, the XIth (2012), comprises two plant lists drawn up by a working group of experts belonging to the ANSM: List A (medicinal plants traditionally used [365 plants]) and list B (medicinal plants with the ratio benefit/risk's evaluation negative [123 plants]). Moreover, a list of medicinal plants with non exclusive therapeutic use has been established. This last list is composed of 147 plants which are thus liberated from the pharmaceutical monopoly, in application of decrees n(o) 2008-839 and 2008-841 dated August 22nd 2008. Medicinal plants are a matter, in France, from pharmaceutical monopoly, which means that they can only be dispensed to public in pharmacy, according to article L. 4211-1/5° of the Public Health Code, except however for a certain number of plants "liberated" from this monopoly. Nevertheless, besides officinal pharmacists, herbalists who obtained their diploma as far as 1941, were habilitated to deliver medicinal plants, even non "liberated", on condition that they are not registered on a list of venomous substances nor classified among the stupefacients, according to the article L. 4211-7 of Public Health Code. Concerning plants for herbal teas, which should be differentiated from herbal teas classified among the herbal medicines, they can be delivered in mixtures form, which are considered as officinal preparations, according to the new French Pharmacopoeia monography of August 1st 2013.
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