In the field government regulation institutions that carry out checks on the quality of performance of their functions by organizations are assigned a special role, which is based on the protection of people's rights.
An agency such as Rospotrebnadzor combines several areas of activity:
- control of sanitary and epidemiological conditions in the field of healthcare, services, construction, industry, medical institutions, educational organizations, grocery stores;
- supervision of compliance with legislation regulating the protection of consumer interests;
- drawing up conclusions after sanitary and epidemiological inspections;
- the process of certification of specialists working in institutions for the sale, storage, and transportation of food products.
What Rospotrebnadzor checks
Rospotrebnadzor inspects organizations, guided by Government Decree No. 322, in force at the federal level since June 30, 2004, as well as the law on the protection of consumer rights.
Controlling supervisory authority has the right to check:
- Equipment of industrial and commercial premises, whether it is formalized and whether there is a book of complaints and suggestions. It is important to note that information is posted with telephone numbers of departments where you can contact in case of violation of the law. In addition, specialists check the premises for compliance with structural and epidemiological requirements.
- Rospotrebnadzor checks documents at the enterprise, which is a fundamental event. These actions are carried out in relation to organizational and administrative document flow: charter, licenses to conduct a particular activity, administrative regulations. The control zone also includes information about the legality of hiring employees: job descriptions, work books, information about their health status, whether there are any contraindications, how often medical examinations are carried out.
- Service employees give an opinion on the possibility of converting residential premises into commercial space for organizing work and trade. This cannot be used under a lease agreement as a commercial property, since this is a violation of the rules of sanitary and epidemiological welfare of the population (extracts from the Unified State Register of Real Estate, certificates, lease agreements are required).
- Mechanism for waste disposal, provision of cleaning services (contracts for the removal of products with expired shelf life, information about cleaning, their frequency, disinfection).
- The procedure for issuing price tags for goods, directions pricing policy, certificates.
- Plans for monitoring the technical condition of premises and equipment involved in production.
- Account books and journals where all inspections of the store by Rospotrebnadzor are recorded: dates, contents, comments and instructions, deadlines for elimination and measures for their implementation.
ATTENTION! Inspectors do not have the right to inspect areas and functions that are not related to the subject of control, to take samples of products that exceed the norm in the number of samples, or without an appropriate act. They are prohibited from disseminating information obtained as a result of verification activities beyond the time limits for their implementation.
Types of checks
Rospotrebnadzor inspections are carried out on various grounds in accordance with By order Rospotrebnadzor dated July 16, 2012 N 764. Inspectors personally go to the organization and inspect the premises, documents, and other information of interest to them within their competence.
Rospotrebnadzor inspections are divided into two types:
- planned;
- unscheduled.
They differ from each other in conditions and reasons for carrying out.
Scheduled inspection
Inspection actions of a planned nature are carried out on the basis of any institution, regardless of the type of organizational and legal form, both in budgetary institutions (schools, kindergartens, hospitals) and in commercial organizations(shops, shopping centers).
Before carrying out a scheduled inspection by Rospotrebnadzor, an order for its implementation is created, which is signed by the head of the territorial department. The procedure, obligations and rights of the parties are reflected in Order No. 764 dated July 16, 2012.
With this type of control, the basis for supervisory measures is the inspection plan of Rospotrebnadzor, which can be found on the official website of the supervisory authority.
ATTENTION! Each institution is inspected as planned once every 3 years, with the exception of healthcare institutions; inspectors visit them more often - once every 2 years.
Before the arrival of a representative for inspection activities, the head of the enterprise is notified 3 days before the start of their implementation. The notification can be sent by mail or delivered personally to one of the employees against receipt. All activities of specialists are carried out in the presence of at least one representative of the organization being audited.
Unscheduled inspections
Rospotrebnadzor carries out unscheduled inspections without any pre-drawn schedules or plans or time restrictions. To carry it out, one of the following grounds is necessary:
- a complaint has been received from a consumer or other individual on the sale of goods during the operation of which defects were discovered or poor-quality services were provided;
- a complaint was filed with Rospotrebnadzor official about the presence of low-quality products at a particular outlet;
- in means mass media information has been published about violations in the work of organizations that are associated with unsatisfactory sanitary and epidemiological standards, the sale of products or services of inadequate quality.
IMPORTANT! If they intend to conduct an unscheduled inspection, specialists notify the head of the organization one day before arrival. If there is a threat to the rights of the buyer, the state or the environmental situation, the regulatory authority has the right to visit the institution without warning.
If there is no notification about the arrival of inspectors, it is necessary to familiarize yourself with their official IDs, since fraudulent actions on the part of attackers are common and can lead to dire consequences ( high costs and company expenses).
Results of supervisory activities
An audit at an enterprise not related to healthcare, education and public catering is carried out once every 3 years, so the plans of each institution should include preparation for this procedure. The schedule of inspector visits is posted on the official website of the supervisory authority, so the organization has the opportunity to obtain information about the time of the visit in advance.
Representatives of the department check the quality of services and goods, make forecasts existing risks violations of the rights of citizens who are consumers. They are obliged to record all violations and deficiencies that will be identified during the activities of inspecting the premises, carrying out tests and taking samples of products.
After a scheduled inspection has been carried out, specialists draw general conclusions and sum up the results, identifying shortcomings in the organization’s work. Their list is drawn up in writing as an order to eliminate the identified violations.
This document displays the following information:
- date of examination;
- information about the specialist who conducted the examination (his last name, first name, patronymic);
- statement of the situation: if it is carried out as planned, then the grounds for conducting it, in the case of an unscheduled audit - what complaint is the supervisory authority based on;
- a description of the format for studying the activities of the institution, information about the actions of specialists, what data was verified;
- statement of facts on the results and identified shortcomings, in what areas the manager needs to carry out extra work troubleshooting;
- date of execution of the document and signature of the inspecting specialists.
IMPORTANT! The main role of the order is for the boss to take into account the position of Rospotrebnadzor, analyze the work of his organization, carry out optimization, if necessary, and eliminate all shortcomings in full.
According to the rules established by law, a company must submit an official response to the order within 30 calendar days from the date of registration of the document in its enterprise. Its content should indicate what measures have been taken by management to correct violations, and what is planned to be done to improve the quality of services or goods.
The order is a contestable document, therefore, if the manager disagrees with its aspects, he can go to court and appeal it.
Sanctions and fines
Penalties are a common occurrence in the practice of the regulatory body. For minor violations, the company may receive an order indicating which points need improvement.
There are also more serious cases when it comes to administrative or criminal liability legal entity:
- if the sanitary conditions of the premises are violated - from 10 to 20 thousand rubles. or suspension of work for up to 90 days;
- rules for the sale of goods do not meet the requirements - from 100 to 300 thousand rubles;
- low quality of goods sold - from 20 to 30 thousand rubles;
- actions performed to deceive the consumer – from 20 to 50 thousand rubles;
- the buyer is misled - from 10 to 50 thousand rubles;
- the order is not fulfilled within the specified period - from 10 to 20 thousand rubles.
All penalties are based on minimum size wages established in the region where the company organizes its activities. An entrepreneur may find himself paying a fine not only for violating the law and violating the rights of citizens, but also for his own inaction. This happens when employees at an enterprise are incorrectly guided by the rules of law, but the manager does not take any action to resolve this situation.
The activities of Rospotrebnadzor are one of the main directions that function to motivate enterprises to maintain a high-quality level of service and sale of goods. A citizen whose rights have been violated can contact this organization with a complaint, which must be analyzed and verified. After this procedure, the person receives a written response indicating what measures have been taken against the violator.
As you know, managers and employees various enterprises, organizations and firms, you have to not only strictly comply with established laws, norms and rules, but also regularly communicate with inspectors. Therefore, the interest of representatives of small and medium-sized businesses regarding the principles of conducting control and supervisory activities is understandable. What do Rospotrebnadzor employees check? What areas of activity are covered by the powers of this regulatory body? Which organizations can an inspection specialist visit? A conversation with the acting head of the Department about this and more Federal service for supervision in the field of consumer rights protection and human well-being in the Republic of Khakassia Tatyana Gennadievna ROMANOVA
What documents are guided by the Office of Rospotrebnadzor in the Republic of Khakassia when carrying out control and supervisory activities?
The main document regulating the procedure for supervising the activities of organizations is the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control(supervision) and municipal control.” However, it must be emphasized that its provisions do not apply when investigating the causes of infectious and widespread non-infectious diseases or poisonings. That is, if such emergencies occur in an organization, our specialists will have the right to conduct an investigation at any time. We have the right to conduct both scheduled and unscheduled inspections.
- How often can specialists from the Rospotrebnadzor Department inspect an organization?
Federal Law No. 294-FZ states that scheduled inspections are carried out no more than once every 3 years. However, regarding budgetary institutions carrying out activities in the field of healthcare, education, social sphere, scheduled inspections may be carried out more frequently. A specific list of such types of activities and the frequency of scheduled inspections are determined by Decree of the Government of the Russian Federation of November 23, 2009 No. 944.
- What documents should Department specialists inspecting a particular organization provide?
The inspection is carried out on the basis of an order from the head (deputy head) of the Rospotrebnadzor Office. Certified with a seal, the orders are handed over to the head of the legal entity (or his representative) or the entrepreneur against signature. At the same time, inspectors must present their official identification.
When carrying out scheduled inspection the subject and grounds of the inspection must be indicated, and if it is caused by a complaint, the specific violations that caused the complaint are indicated. References to certain persons who allegedly called and reported existing violations cannot be accepted as a basis for verification.
How long will it take for sure that the newly created organization will not receive an inspection from the Rospotrebnadzor Office?
During three years and in the absence of reasons for an unscheduled inspection.
In some cases (according to Federal Law No. 294-FZ), newly created organizations are required to send a special notification to the Rospotrebnadzor Office. What are the penalties for failure to provide such notification?
Indeed, legal entities and individual entrepreneurs planning to start household services, trade, public catering and some other types of activities (more than 80 types of activities), are required to notify the relevant regulatory authorities about this. The notification is sent to the Rosopterbnadzor Office after state registration legal entity or individual entrepreneur (individual entrepreneur) and registering them for tax purposes before the actual implementation of activities through the public reception of the Department or in in electronic format through our official website. The form of notification and the procedure for its submission are established by the Government of the Russian Federation and are posted on our official website www.19.rospotrebnadzor. ru.
Failure to provide notification by a legal entity or individual entrepreneur about the commencement of implementation entrepreneurial activity violates the requirements of the current legislation (part 1 of article 19.7.5 1 of the Code of Administrative Offenses of the Russian Federation). The sanctions of this norm are as follows: an administrative fine for officials in the amount of 3,000 to 5,000 rubles, for legal entities - from 10,000 to 20,000 rubles.
Providing false information about types of activities entails a fine for officials in the amount of 5,000 to 10,000 rubles, for legal entities - from 20,000 to 30,000 rubles (Part 2 of Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation).
- Which organizations come under especially close attention of Rospotrebnadzor?
Despite the fact that the Rospotrebnadzor Office can check any legal entity or entrepreneur, we have our own priorities. First of all, inspectors come to enterprises Food Industry. After all, any error in technology or violation of sanitary rules in such organizations can lead to serious consequences. Particular priority is given to institutions where children are educated, study and relax.
- What could be the reason for an unscheduled inspection?
Monitoring compliance with the requirements of sanitary and consumer legislation is not limited to routine inspections. Specialists from the Rospotrebnadzor Office may also come for an unscheduled visit. But for this we need legal grounds.
Their list is established in Part 2 of Article 10 of the Federal Law
No. 294-FZ and in paragraph 7.7 of the order of the Ministry of Health and Social Development of the Russian Federation dated October 19, 2007 No. 658:
Expiration of the deadline for fulfilling a previously issued order to eliminate the identified violation (repeated inspections);
The emergence of a threat to the life or health of citizens, animals, plants, the environment, state security, as well as threats emergency situations natural and man-made;
Causing harm to the life, health of citizens, animals, plants, the environment, state security, as well as the occurrence of natural and man-made emergencies;
Complaints from citizens about violations of their rights and legitimate interests by the actions of companies and (or) entrepreneurs.
If violations do not fall under this list, then the inspection will not be carried out. Also, a legal entity or individual entrepreneur will not be checked if the report of a violation is anonymous (Part 3 of Article 10 of Federal Law No. 294-FZ).
Unscheduled inspections regarding damage to life, health of citizens, harm to animals, plants, the environment, state security, as well as the occurrence of natural and man-made emergencies are carried out within 24 hours.
It should be noted that unscheduled inspections (with the exception of those carried out to establish the causes of infectious and mass non-infectious diseases or poisoning) are subject to agreement with the prosecutor's office.
- Does the Rospotrebnadzor Department warn the organization that it is going to come there for an inspection?
The Rospotrebnadzor Department notifies legal entities and individual entrepreneurs of a scheduled inspection no later than three working days before the start of the inspection. This is done, among other things, by sending a copy of the order to begin a scheduled inspection by registered mail. by post with notification of delivery. An unscheduled on-site inspection is notified at least 24 hours before the start of the inspection.
But if, as a result of the activities of a legal entity or individual entrepreneur, harm is caused or is being caused to the life, health of citizens, harm to animals, plants, the environment, state security, and emergency situations have arisen or may arise, no prior notification is required.
- Is it possible to get acquainted with the list of scheduled inspections of the Department for 2013?
The list of scheduled inspections can be found on the official website of the Rospotrebnadzor Office for the Republic of Khakassia www.19.rospotrebnadzor. ru, General Prosecutor's Office of the Russian Federation www. genproc. gov. ru, Prosecutor's Office of the Republic of Khakassia www. prokrh. ru.
Tatyana Gennadievna, is it possible to start an inspection in the absence of the head of the organization? Suppose your employees come for an inspection, but the company management is not there?
The requirements of Federal Law No. 294-FZ state that, as part of control activities, inspectors carry out visual inspection object of supervision in order to assess the compliance of the object with mandatory requirements. The inspection must be carried out in the presence of the head (his authorized person) of the organization being inspected.
In the event of an unscheduled inspection related to the investigation of the causes and circumstances of the occurrence and spread of infectious and widespread non-infectious diseases, the inspection may be carried out without the presence of representatives of the organization being inspected. In this case, the inspectors must take measures to inform the head (the person authorized by him) of the inspected institution about the inspection, and the results of the inspection must be brought to his attention within three days after its completion.
What rights does the head of an enterprise that Rospotrebnadzor specialists came to inspect?
The head (his representative) of a legal entity and individual entrepreneurs have the right to be present during the inspection, give explanations on issues related to the subject of the inspection, receive information from the inspectors that relates to the subject of the inspection, get acquainted with the results of the inspection and indicate their agreement or disagreement in the inspection report with them, as well as appeal against the actions (inaction) of officials of the Rospotrebnadzor Office.
What problem regularly becomes the topic of conversation at meetings between the leadership of the Rospotrebnadzor Office and entrepreneurs?
This is the problem of implementing production control programs that stipulate quality assurance, food safety, proper working conditions, organization medical examinations...
I would like to emphasize that production control is not limited solely to laboratory and instrumental research. But this section of the production control program usually causes difficulties. The volume and frequency of laboratory and instrumental studies for a particular enterprise depends on its type, capacity, epidemiological significance, number of employees and other reasons.
Enterprise managers and individual entrepreneurs should take these nuances more seriously into their work. And not only to avoid fines and other administrative penalties. We are talking about the health of employees of organizations and the population. Therefore, any inspection should be treated with understanding and readiness to eliminate all identified violations.
Believe me, every protocol is about preventing a threat to people's health.
The interview was prepared and conducted by Lyudmila Lebedeva,
Assistant to the Head of the Rospotrebnadzor Department
for the Republic of Khakassia
The main function of Rospotrebnadzor is to monitor compliance by business entities with current legislation in the field of consumer protection. Within its own powers, Rospotrebnadzor has the right to conduct unscheduled inspections of organizations based on complaints received from the public. In the article we will examine whether an unscheduled inspection by Rospotrebnadzor without warning is possible, on what grounds an inspector can appear at enterprises without prior notice, what Rospotrebnadzor checks during an unscheduled inspection.
Unscheduled inspections of Rospotrebnadzor: what, where, when
Monitoring the activities of organizations and entrepreneurs for their compliance with legislative norms for the protection of consumer rights, Rospotrebnadzor conducts scheduled and unscheduled inspections:
- The organization of scheduled inspections is carried out on the basis of an approved schedule. The frequency of scheduled inspections for one enterprise (IE) should not exceed 1 time in 3 years. The schedule of scheduled inspections is publicly available and can be found on the official website of the Federal Service ( REGION CODE.rospotrebnadzor.ru).
- The grounds for unscheduled inspections by Rospotrebnadzor may be a complaint received from a consumer of a product (service), as well as the expiration of an order regarding violations identified during a previous inspection.
The order regulating the activities of Rospotrebnadzor stipulates that in the event of an unscheduled inspection, the Federal Service is obliged to notify the person being inspected of the upcoming visit at least 24 hours in advance. A message about an unscheduled inspection is sent to the organization (IP) in writing, in the form of a notification.
At the same time, the approved notification procedure has caused a lot of complaints and indignation from consumers in recent years, because, having received a message about an upcoming inspection, the organization managed to thoroughly prepare for it and eliminate all evidence of violations. This fact was taken into account by legislators, and in 2015 legal norms came into force according to which, under certain circumstances, Rospotrebnadzor employees can come to an enterprise for an unscheduled inspection without warning.
Based on the amendments made to Federal Law No. 29 “On the quality and safety of food products,” the Federal Service has the right, without prior notice, to conduct unscheduled inspections of organizations and entrepreneurs whose activities are related to the production, sale, delivery, and storage of food products.
Based on the complaint
The following facts may serve as grounds for a complaint to order an unscheduled inspection without warning:
- storing food products in inappropriate conditions (for example, dairy products should not be stored in refrigerators);
- the rules for compatibility of food storage were violated (in the refrigerator of a catering establishment finished products stored together with semi-finished products);
- food is processed in an inappropriate manner (dirty tools are used when preparing dishes);
- the outlet sells food products with damaged packaging integrity (opened packages of dairy and other products);
- transportation of products from warehouse to outlet carried out without observing temperature conditions;
- utensils used for storing food and ready meals, does not meet sanitary standards;
- technical condition refrigeration equipment does not provide necessary conditions food storage;
- employees involved in working with food do not have sanitary certificates or their validity has expired;
- food processing is carried out by employees without the use of special tools; workers are not provided with special clothing;
The basis for an unscheduled inspection by Rospotrebnadzor without warning may be other facts confirming the organization’s violation of the standards established in terms of ensuring the quality and safety of food products.
Based on prescription
An inspector from Rospotrebnadzor may appear at enterprises for an unscheduled inspection without warning if, during a previously conducted inspection, the Federal Service identified violations and issued an order to eliminate them.
The period during which the enterprise is obliged to eliminate all identified violations is established by the text of the order in each specific case. After the expiration of the period specified in the order, an employee of Rospotrebnadzor has the right to appear at the enterprise without warning in order to monitor the elimination of violations.
What Rospotrebnadzor checks during unscheduled inspections without warning
If an unscheduled inspection is organized based on a consumer complaint, then the inspector carries out control measures based on the essence of the complaints received. At the same time, Rospotrebnadzor is assigned the right to verify compliance with other provisions of current legislation in the field of ensuring the quality and safety of food products.
Control measures carried out by Rospotrebnadzor officials are given in the table below:
| No. | Control event of Rospotrebnadzor inspector | Description |
| 1 | Verification of documents | During the inspection, the inspector has the right to request statutory and permits organizations, licenses, contracts with suppliers and contractors, labor agreements with employees. Part of the documentary check also includes monitoring the presence of a sign, a buyer's corner, and a complaint book. Document verification is carried out on the basis of a written request drawn up by the inspector and submitted to the head of the organization being inspected. |
| 2 | Inspection of premises and goods | The inspector inspects warehouse, production, retail and other premises for compliance with the rules of storage and processing of products, compliance with sanitary standards. Also, the official has the right to inspect the goods in order to control the terms and conditions of storage. |
| 3 | Interrogation of employees | An official of Rospotrebnadzor has the right to interrogate employees to clarify the specifics of working with food products. |
| 4 | Seizure of documents and goods | The inspector has the right to seize documents and goods if this is necessary for further examination. The seizure is carried out on the basis of a report drawn up by the inspector in the presence of a representative of the organization being inspected and witnesses. |
Let's look at an example. Rospotrebnadzor received a complaint from a buyer regarding the sale of expired dairy products by the Alfa store.
Based on the complaint, Rospotrebnadzor issued an order to conduct an unscheduled inspection without prior notification to the store management.
On the day of the inspection, the Rospotrebnadzor inspector came to the store, presented his identification, familiarized the store management with the order to carry out the inspection against signature, and issued a written request requesting the necessary documents:
- statutory documents of the company;
- food supply agreements;
- employee health records;
- licenses and permits for food trade.
After requesting documents, the inspector proceeded to direct inspection trading floor to certify the fact of sale of expired products. Products with expired expiration dates were seized for further examination.
At the end of the inspection, the inspector drew up a report which recorded the following violations:
- sale of expired food products;
- Lack of health certificates for employees whose work requires them.
The act was drawn up in 2 copies, in the presence of a store representative.
The head of the enterprise (director of the Alpha store) was issued an inspection report and an order to eliminate the identified violations.
A sample order from Rospotrebnadzor can be downloaded here ⇒.
Federal Service for Supervision in the Sphere and human well-being (Rospotrebnadzor) and its territorial bodies are authorized to carry out state sanitary and epidemiological supervision in the Russian Federation (clause 3 of the Decree of the Government of the Russian Federation of September 15, 2005 N 569).
The main objectives of such supervision are the prevention, detection, suppression of violations of the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population in order to protect the health of the population and the environment (Article 1 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological welfare of the population ").
This type of supervision is carried out in accordance with Federal law dated December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (hereinafter referred to as Law N 294-FZ).
Scheduled inspection carried out no more than once every three years in relation to one legal entity or one individual entrepreneur (clauses 2, 3 of Article 9 of Law No. 294-FZ) on the basis of an annual inspection plan approved by the head of the territorial body of Rospotrebnadzor.
The plan lists the subjects subject to inspection, as well as the purpose, basis, date and timing of the scheduled inspection.
The annual plan is approved by the head of the Rospotrebnadzor body, posted on the website rospotrebnadzor.ru or distributed in another way.
And even earlier, this plan must be approved by the prosecutor’s office, for which every year, before September 1 of the year preceding the year of scheduled inspections, the draft plan is sent to the prosecutor’s office (clause 6 of Article 9 of Law No. 294-FZ).
Having examined the plan for legality, the prosecutor's office, before October 1, makes proposals to the heads of Rospotrebnadzor bodies to conduct joint scheduled inspections with other state control (supervision) bodies and municipal control bodies (clause 6.1 of Article 9 of Law No. 294-FZ).
Then, before November 1, Rospotrebnadzor sends to the prosecutor's office the final version of the inspection plan, signed by the heads of Rospotrebnadzor bodies or their deputies (clause 6.2 of Article 9 of Law No. 294-FZ).
The General Prosecutor's Office forms an annual consolidated plan for conducting scheduled inspections of business entities and posts it on the website genproc.gov.ru until December 31 of the current year (clause 7 of Article 9 of Law No. 294-FZ).
Scheduled inspections: grounds and procedure
Grounds for including a scheduled inspection of a legal entity, the entrepreneur’s annual plan for its implementation is the end of the three-year period from the date (clause 8 of article 9 of Law No. 294-FZ):
- their ;
- completion of the last scheduled inspection;
- they begin to carry out activities requiring the submission of notification to individual species activities (clause 2 of article 8 of Law No. 294-FZ).
This is a closed list, and if an inspection is carried out without grounds, then this fact will serve as a reason for bringing the inspectors to administrative liability in the form of a warning or a fine in the amount of 3,000 to 5,000 rubles. (Article 19.6.1 of the Code of Administrative Offenses of the Russian Federation).
Scheduled inspections can be carried out in the form of a documentary or on-site inspection (Clause 11, Article 9 of Law No. 294-FZ).
Documentary verification carried out at the location of the inspection body and is carried out on the basis of information contained in the documents of a legal entity, entrepreneur, establishing their organizational and legal form, rights and obligations used in conducting activities and related to their performance mandatory requirements in the field of sanitary and epidemiological welfare of the population, protection of consumer rights, consumer market, execution of instructions and resolutions of authorities (Article 11 of Law No. 294-FZ).
On-site inspection carried out at the place where the business entity actually conducts its activities.
The information contained in the documents is checked, the compliance of employees established requirements, the state of the territories used, buildings, structures, structures, premises, equipment, vehicles, produced and sold goods, services and measures taken to comply with mandatory requirements in the field of sanitary and epidemiological welfare of the population, protection of consumer rights and the consumer market (Article 12 of the Law N 294-FZ).
Rospotrebnadzor must notify the enterprise of the inspection no later than three working days before the start of the inspection by sending it to the address of the inspected registered letter with notification of delivery or other in an accessible way(Clause 12, Article 9 of Law No. 294-FZ).
Term during which a scheduled inspection is carried out cannot exceed 20 working days, and the total period of scheduled on-site inspections in relation to one small business entity cannot exceed 50 hours for a small enterprise and 15 hours for a micro-enterprise per year (clause 1, 2 Article 13 of Law No. 294-FZ).
In exceptional cases, the period for an on-site scheduled inspection may be extended, but by no more than 20 working days, and in relation to small enterprises and micro-enterprises - by no more than 15 hours (clause 3 of Article 13 of Law No. 294-FZ).
Complaint as a reason for an unscheduled inspection
According to Art. 33 of the Constitution of the Russian Federation, a citizen has the right to appeal to government bodies and organs local government, including Rospotrebnadzor.
According to the Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering citizens’ appeals Russian Federation“A citizen can exercise his right to appeal in one of three forms: proposal, application and complaint.
The appeal can be sent in writing, orally and (starting from January 1, 2011, after the amendments introduced by the Federal Law of July 27, 2010 N 227-FZ) in the form electronic document. You can also send an appeal through the official website of Rospotrebnadzor.
If, as a result of checking the application, it turns out that:
- the events described in it affect exclusively the personal property interests of the consumer;
- there are no grounds for initiating a case about administrative offense, -
then Rospotrebnadzor invites the applicant to independently defend his rights in court.
In this case, the citizen has the right to involve Rospotrebnadzor to give an opinion in court on the case in order to protect the rights of consumers (Article 47 of the Code of Civil Procedure of the Russian Federation, paragraph 3 of Article 40 of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”).
If, on the contrary, it turns out that the legitimate interests of an indefinite number of consumers are affected, then the territorial body of Rospotrebnadzor may decide to file a claim in court to declare the actions of the relevant person in relation to an indefinite number of consumers unlawful (Clause 1, Article 46 of the Code of Civil Procedure of the Russian Federation).
However, first the supervisory authority can carry out unscheduled measures to control the activities of the enterprise and, if there are grounds, initiate a case of an administrative offense (clause 5 of Rospotrebnadzor Letter dated March 24, 2008 N 01/2555-8-32).
The reason for an unscheduled inspection may be citizen complaint, containing information about violation of his consumer rights. This is one of the grounds for conducting an unscheduled inspection (clause “c”, paragraph 2, part 2, article 10 of Law No. 294-FZ).
The inspection can be documentary and (or) on-site (clause 4, article 10 of Law N 294-FZ). By the way, for an unscheduled inspection in connection with a violation of consumer rights, approval from the prosecutor's office is not necessary (Clause 5, Article 10 of Federal Law No. 294-FZ).
Unscheduled inspections are not subject to the above-mentioned limitation on the duration of inspections established by paragraphs 1 and 2 of Art. 13 of Law No. 294-FZ.
Rospotrebnadzor is not obliged to conduct an unscheduled inspection based on a consumer complaint warn the person being inspected (Clause 16, Article 10 of Law No. 294-FZ).
The fact that the seller, manufacturer, or performer has eliminated the consequences of their violation of consumer rights cannot serve as a reason to terminate an unscheduled inspection, the basis for which was a consumer complaint. This fact can only be taken into account when imposing an administrative penalty as a circumstance mitigating administrative responsibility.
Based on the results of the unscheduled inspection, a Act in the prescribed form in two copies:
- one - for the person being checked;
- another - for the regulatory authority (Article 16 of Law No. 294-FZ).
If violations are identified, then a representative of Rospotrebnadzor first of all issues an order on the timing of their elimination.
Failure to comply with such an order on time entails the imposition of administrative fine(Article 19.5 of the Code of Administrative Offenses of the Russian Federation):
- for citizens - from 300 to 500 rubles;
- for officials - from 1000 to 2000 rubles. or disqualification for up to three years;
- for legal entities - from 10,000 to 20,000 rubles.
If a legal entity or individual entrepreneur presents to the Rospotrebnadzor body before issuing an order evidence indicating the voluntary cessation of violations of mandatory requirements, the order is not issued (clause 10.5 of the Order of Rospotrebnadzor dated March 24, 2010 N 103).
Next, the representative of Rospotrebnadzor must take measures to monitor the elimination of identified violations, prevent them, prevent possible harm to the life and health of citizens, as well as measures to bring those who committed the identified violations to justice.
If during the inspection sufficient data is discovered indicating the presence of an administrative offense, a case of administrative offense is initiated in accordance with paragraphs. 1 clause 1 art. 28.1 Code of Administrative Offenses of the Russian Federation.
In particular, violation of sanitary and epidemiological requirements for catering for the population is subject to a fine:
- officials and entrepreneurs - from 2000 to 3000 rubles;
- legal entities - from 20,000 to 30,000 rubles. or administrative suspension of activities for up to 90 days.
If it is determined that the activities of the person being inspected pose a direct threat to harm to the life and health of citizens, the occurrence of emergencies of a natural and man-made nature, or such harm has already been caused, then the Rospotrebnadzor official who conducted the inspection is obliged to immediately take measures:
- to prevent harm from happening or to stop causing it, up to a temporary ban on activities in the manner established by the Code of Administrative Offenses of the Russian Federation;
- recall of products that pose a danger to the life, health of citizens and environment, from circulation;
- bringing to the attention of citizens, as well as other legal entities, individual entrepreneurs, in any available way, information about the presence of a threat of harm and ways to prevent it (clause 2 of Article 17 of Law No. 294-FZ).
If, during an inspection, signs of criminal offenses related to violation of sanitary legislation, legislation on the protection of consumer rights are identified, a representative of Rospotrebnadzor sends materials to the prosecutor's office and other law enforcement agencies to resolve the issue of initiating a criminal case (Letter of Rospotrebnadzor dated July 28, 2010 N 01/ 11198-0-23) in fact, for example:
- violation of sanitary and epidemiological rules, which through negligence resulted in mass illness or poisoning of people, as well as the death of a person (Article 236 of the Criminal Code of the Russian Federation);
- production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements (Article 238 of the Criminal Code of the Russian Federation).
At all times, visits from Rospotrebnadzor (formerly SES) employees did not bode well. Sanitary and epidemiological requirements have been and remain very stringent and are often difficult to fully implement. As a result, many department officials, coming to the next “victim”, are pre-determined to leave empty-handed. By accepting their “game,” we ourselves have largely spoiled civil servants with all sorts of “offerings.” Feeling awe before inspections, most entrepreneurs completely forget that the inspector is just an official, and not the earthly incarnation of God, so it would not be superfluous to know his rights and responsibilities.
Where does Rospotrebnadzor begin?
With the powers that the state has vested in him, although very often the employees of Rospotrebnadzor themselves do not quite imagine them. As a result, legal entities and individual entrepreneurs who do not even fall within the control zone of this department suffer. In accordance with the “Regulations on the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare”, approved by Decree of the Government of the Russian Federation No. 322 of June 30, 2004, this service exercises the following powers that are of interest to us within the framework of this material:
- state sanitary and epidemiological supervision over compliance with sanitary legislation;
- state control over compliance with laws and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer rights protection;
- control over compliance with the rules of sale of individual ( provided for by law) types of goods, performance of work, provision of services;
- sanitary and quarantine control at checkpoints across the state border of the Russian Federation;
- state supervision and control over the quality and safety of flour, pasta and bakery products when purchasing specified products for state needs, as well as when supplying (storing) flour to the state reserve, its storage as part of the state reserve and transportation;
- state supervision and control over the quality and safety of flour, pasta and bakery products during the import (export) of these products into the territory of the Russian Federation.
What types of inspections are Rospotrebnadzor employees entitled to conduct?
Scheduled checks. In accordance with Art. 9 of the Federal Law can be carried out no more than once every 3 years according to a plan previously agreed upon with the prosecutor’s office. Information about the objects of inspection must be brought to their attention by posting it on the official website of the supervisory authority, or through the media.
Unscheduled inspections. The basis for such a check is:
- expiration of the deadline for execution by a legal entity, individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts;
- appeal and application of citizens, legal entities, individual entrepreneurs, information from authorities state power, local government bodies, on issues within the competence of Rospotrebnadzor;
- causing harm to the life and health of citizens, as well as the occurrence of natural and man-made emergencies;
- violation of consumer rights (in the case of appeals from citizens whose rights have been violated).
When they came to check on you
The first thing to do is to ask to see the official identification of all participants in the inspection and the order (order) to conduct the inspection. This is the main document at the initial stage of verification, so it is worth talking about its contents in more detail. The order must contain mandatory details (Article 14 of the Federal Law):
- Full name, position of the official or officials authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;
- name of the legal entity or full name of the individual entrepreneur whose verification is being carried out;
- goals, objectives, subject of the inspection and the period for its implementation;
- legal grounds for conducting an inspection, including mandatory requirements subject to inspection and requirements established by municipal legal acts;
- timing and list of control measures necessary to achieve the goals and objectives of the audit;
- a list of administrative regulations for carrying out control measures, administrative regulations for interaction;
- a list of documents the submission of which by a legal entity or individual entrepreneur is necessary to achieve the goals and objectives of the audit;
- start and end dates of the audit.
Attention! When conducting an inspection, Rospotrebnadzor employees may present an order drawn up in accordance with the Administrative Regulations, which does not contain all the mandatory details provided for by Federal Law. Since the law in this case has greater legal force compared to the regulations, you have the right to refuse the inspectors to carry out an inspection until they eliminate all the shortcomings.
Remember that you obliged hand over a copy of the order (order), certified by a seal, against signature.
What usually interests sanitary doctors?
Firstly, they will look at the availability of sanitary and epidemiological reports and certificates of conformity. The former are necessary when selling products and carrying out activities specified in Order of Rospotrebnadzor dated July 19, 2007 No. 224. Among others, it includes children's toys, food products, perfumes and cosmetics, and sales activities. alcoholic products. The list of goods and services that are subject to mandatory certification is contained in Decree of the Government of the Russian Federation of December 1, 2009 No. 982. The abolition of mandatory certification for food and cosmetic and perfume products from February 15, 2010 does not mean a complete abolition of mandatory certification. The lack of a certificate of conformity for a product is one of the most common violations identified as a result of inspections.
In addition, officials will check compliance with sanitary rules and regulations (SanPiN). Let us remind you that an organization or individual entrepreneur working in the field of retail, is obliged to have available the full text of the current SanPiN for his type of activity. If we are talking about trade in food products or provision of services for the organization Catering, then most often the subject of close attention of inspectors is the expiration dates of products, compliance with product proximity, compliance temperature regime storage of products, compliance with hygienic standards for microbiological indicators.
In addition, they can check the existence of a contract for disinfestation (extermination of insects - ed.) and deratization (rodents - ed.), as well as visual results of work under this agreement. Obviously, the contract will not save you if cockroaches are crawling on the walls, and traces of mice are visible everywhere in the pantry.
And finally, all employees of the organization will be checked. Sellers must have medical records with notes on medical examinations; employees must be dressed in special clothing appropriate to their main activity.
Registration of inspection results
Based on the results of the inspection, a report is drawn up in two copies. It states:
- date, time and place of drawing up the inspection report;
- name of the state control (supervision) body;
- date and number of the order or order to conduct the inspection;
- Full name and position of the official or officials who conducted the inspection;
- the name of the legal entity being inspected or full name, as well as the full name and position of the manager, other official or authorized representative of the legal entity (individual entrepreneur) present during the inspection;
- date, time, duration and place of the inspection;
- information about the results of the inspection, including identified violations of mandatory requirements and requirements established by municipal legal acts, their nature and the persons who committed these violations;
- information about familiarization or refusal to familiarize with the inspection report of the manager, other official or authorized representative of a legal entity (individual entrepreneur) present during the inspection, the presence of their signatures or refusal to sign, as well as information about entry into the inspection log records of the inspection carried out or the impossibility of making such a record due to the lack of the specified journal at the legal entity (individual entrepreneur);
- signatures of the official or officials who conducted the inspection.
One copy of the act with copies of attachments is handed over to the head of the legal entity ( individual entrepreneur) or their representatives against signature or sent by post with a receipt notification, which is attached to a copy of the act remaining in the file of the state control (supervision) body.
In addition, inspectors will not miss the opportunity to draw up a protocol and issue you an order to eliminate violations if they identify one of the following administrative offenses:
- “Violation of other consumer rights”;
- Art. 14.15. Code of Administrative Offenses of the Russian Federation "Violation of the rules for the sale of certain types of goods";
- Art. 14.16. Code of Administrative Offenses of the Russian Federation "Violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products, as well as beer and drinks made on its basis."
Appealing the inspection results
If you do not agree with the results of the inspection, then you should not ignore them, otherwise you can wait until you are again brought to administrative responsibility, but under Art. 19.5. Code of Administrative Offenses of the Russian Federation “Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control)”, Art. 19.6. Code of Administrative Offenses of the Russian Federation “Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense” or Art. 20.25. Code of Administrative Offenses of the Russian Federation "Failure to pay an administrative fine or unauthorized abandonment of the place of serving administrative arrest."
You can express your disagreement with the results of the inspection in the form of a complaint, which should be sent either to the court or to a higher authority. At the same time, the complaint should pay attention to both procedural errors (for example, the participation of an unauthorized person on the part of the entrepreneur) and violations of norms substantive law, including their incorrect application, application of ineffective regulations, etc.
note that various documents, drawn up during the inspection, have their own appeal procedure. Thus, the order is appealed in accordance with Chapter 25 of the Code of Civil Procedure, and the resolution in the case of an administrative offense - in accordance with
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