Itinerant trade offers flexibility and autonomy. It also involves specific obligations. This guide sets out the essential rules for legally carrying on an itinerant commercial or craft activity.
Who is affected by the rules governing itinerant trade?
The legal framework distinguishes between two categories of professionals.
Street vendors
They have had a fixed abode or residence for more than six months. They work outside their municipality of residence.
Domicile is defined as the place of principal establishment within the meaning of article 102 of the Civil Code. Fixed residence requires a minimum stay of six months as owner or tenant.
The fairground
They have had no fixed abode or residence for more than six months in the European Union. They generally live in mobile homes.
This lack of a territorial base imposes additional administrative constraints. The showman must choose a commune to which he will be attached and must have a road permit.
Special cases
Self-employed itinerant traders are subject to the same obligations as traditional traders.
Agricultural activities, liberal professions and certain regulated professions (press salesmen, commercial agents) are not covered by this scheme.
Essential administrative obligations
There are a number of steps you need to take to set up an itinerant business.
The professional card
The first mandatory document is the card allows you to carry on an itinerant business. Failure to do so may result in criminal penalties.
Applications must be made to the relevant business formalities centre:
- Chamber of Commerce for traders
- Chamber of Trades for tradespeople
The card costs 15 euros and is valid for four years. It must be presented at all checks.
Titles specific to fairground workers
Fairgoers must obtain a circulation permit:
- Special booklet for retailers
- Simple passbook for employees or people with regular resources
- Notebook for other situations
This permit is obtained from the prefecture. It requires periodic visas and the choice of a local authority.
Other declarations
Depending on the type of business, there are additional obligations:
- Registration in the commercial register or the trade register
- Tax and social security returns
- Professional insurance
These procedures are carried out independently of those relating to itinerant activity.
Itinerant activity
Itinerant traders must comply with a number of operating rules.
Occupying the public domain
Prior authorisation is required for activities on public land:
- Parking permits for facilities with no right of way
- Planning permission for installations with a right of way
The competent authority varies depending on the location: mayor, president of the departmental council or prefect.
The mayor has extensive powers to regulate the activity: opening times, locations, restrictions on grounds of public order.
Food health requirements
The sale of foodstuffs is subject to strict rules:
- Facilities designed to prevent contamination
- Cleaning and disinfection equipment
- Compliance with storage temperatures
- Setting up a self-checking system (HACCP)
These requirements apply to all food outlets, whether fixed or mobile.
Common professional rules
All itinerant professionals must :
- Display prices prominently
- Issue a note or invoice for sales over €25
- Complying with competition rules
- Keep regular accounts
These obligations are governed by ordinary commercial law.
Checks and penalties to be aware of
Itinerant activity is subject to frequent checks.
The supervisory authorities
Several agents may be involved:
- Judicial police officers
- Sworn municipal officers
- Fraud control officers
- Competition Authority inspectors
These checks are generally carried out without prior notice.
Common offences
The most frequent breaches concern :
- Lack of a professional card
- Illegal occupation of the public domain
- Failure to comply with health regulations
- The absence of a circulation permit for fairground workers
These offences carry a variety of penalties.
Legal consequences
Penalties include :
- 3rd to 5th class offences (up to €1,500)
- Consignment or confiscation of goods
- Temporary administrative closure
- Criminal prosecution for serious cases
Illegal occupation of the public domain is the most commonly punished offence.
The itinerant trade offers accessible entrepreneurial freedom. Scrupulous compliance with obligations guarantees the smooth running of the business. Our firm can help you in your administrative procedures and advise you in the event of an inspection or dispute.
Frequently asked questions
What are the risks if you don't have a travelling salesman's licence?
A 4th class fine (up to €750) and the inability to obtain a market site.
Is it possible to run an itinerant business as an auto-entrepreneur?
Yes, you are required to obtain a professional licence even if you are not registered with the RCS or RM.
How do I get a market site?
Send a written request to the mayor, enclosing your business card and proof of insurance.
How long is the travelling salesman's card valid for?
Four years renewable, with the obligation to update if your situation changes.
Can an established trader sell occasionally on markets?
Yes, but they must obtain a business card if they sell outside their local area.
What's the difference between a market and a flea market?
The regular market is reserved for professionals, while the occasional flea market is open to private individuals.
Can fairground workers vote?
Yes, after three years' uninterrupted residence in the same commune.
Can the spouse replace the holder of the professional card?
Yes, with a copy of the card certified by the cardholder and a document establishing the marital relationship.
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