The official state organization that has the right to monitor compliance with the requirements of control and mandatory supervision of the fulfillment of consumer rights (Rospotrebnadzor) is one of the oldest organizations in the country in terms of functionality. A service with similar functions appeared in fact the first in the new Soviet state in 1922. Today, by changing the names, Rospotrebnadzor has retained its official functional duties in the field of control and supervision of the epidemiological well-being of all those who live in cities and towns. settlements our country. The tasks of this structure also include the protection of the official rights of buyers and recipients of services in the consumer market.

Departments (subdivisions) of Rospotrebnadzor successfully operate in all settlements of the state. Also, some of the functions are duplicated and can be performed by other regional authorities. For example, in the capital of Russia, control over complaints in the area supervised by Rospotrebnadzor is also entitled to be performed by employees of the Department of Consumer Market and Services, which is part of the City Government. True, such structures have the right to perform only a voluntary auxiliary function and do not have the right to impose fines for violations and collect them.

What does Rospotrebnadzor check? The scope of control of this Rospotrebnadzor includes food establishments, shops, the sanitary condition of territories, and more. The priority in conducting inspections of their work is the control and supervision of areas and areas of activity of enterprises, whose activities constitute the maximum potential danger to consumers.

Any work of inspectors and employees of Rospotrebnadzor is based on the points of federal laws that determine what the consumer is entitled to. Including the Federal Law "On the sanitary and epidemiological welfare of the population", "On the protection of consumer rights". A detailed list of such documents must be located at official pages checking structures. Employees of Rospotrebnadzor, on duty of their work, carry out inspections of organizations according to the established plan and unscheduled inspections. The first are carried out on the basis of an approved plan, the date of their implementation may be known to the management and employees of the organization being audited within their framework in advance. When checking outside the plan, the situation is not so calm for the structure being checked. Although in this situation it is quite easy to pass the test.

How to prepare for the inspection of Rospotrebnadzor?

When conducting an audit according to the plan, the state body sends an informational detailed letter in advance. How to pass the inspection of Rospotrebnadzor without sad consequences? An unscheduled inspection is less predictable, but the minimum set of mandatory documentation allows you to pass it successfully. Preparation for verification begins with documents. To pass the event, it is important to have at hand a list of documents for verification:

• obligatory documents of the constituent nature of the organization, such as the memorandum of association and the Articles of Association;
• texts of sanitary rules governing the activities of the audited organization;
• sanitary and epidemiological permit for the presented products, as a document that certifies how the product complies or does not comply with the declared standards.

All submitted documents for verification must be drawn up in accordance with applicable legal provisions. Since the standards change quite often, considering the possible visit of inspectors and the conduct of an unscheduled inspection on an ongoing basis, the list of documents must be updated in a timely manner. In accordance with the legislation, it is important to take into account potential changes in the list of products and activities that may be subject to supervision and control.

Scheduled inspection by Rospotrebnadzor and the frequency of inspections

The scheduled inspections of various organizations provided for in the documents, including scheduled inspections of individual entrepreneurs and LLCs, are carried out no more than once in such a period as three years. At the same time, the auditing organization is obliged to send in advance information - a “reminder” about its implementation in the form of a copy of the Order or Order.

Information about the conduct of such activities is sent to the head of the organization by registered mail or official telegram. The term of the audit according to the plan cannot be longer than three working days.

FROM complete list organizations and the periods of implementation of control and supervision procedures can be found on the official website of Rospotrebnadzor or the page of its territorial Office. The plan is approved and posted online at the end of the ending year for the next year no later than December 31.

Unscheduled inspection of Rospotrebnadzor

Unscheduled inspections are carried out at any frequency. For them to start, complaints from citizens are enough. The only reason for refusing to conduct them can only be the current audit of the organization included in the plan. When carrying out verification actions outside the plan, the head of the audited organization has the right to demand that an audit report drawn up based on its results be received. The act must record the results of inspections of Rospotrebnadzor. If the act is missing or has not been provided, the check becomes invalid. The state control and supervision body is not able to monitor whether citizens' complaints are real or whether they are caused by competition in the market.

If, as part of an unscheduled inspection, a test purchase is carried out on a complaint, it is important for the head of the organization to which the representatives of the inspection body came to ensure that only Rospotrebnadzor employees are present during its implementation. Third parties and representatives of the police are not allowed to take part in the event.

Rospotrebnadzor fines for individual entrepreneurs and LLCs

The procedure and amount of fines for individual entrepreneurs and LLCs can only be determined by official documents. Depending on the detected violation, the amount of the fine can be from 5 minimum wages or more. The amount of the imposed fine, information on the options for its payment are included in the protocols and resolutions that record the decisions of the inspecting inspectors. If the heads of the audited organizations do not agree with the decision of the state audit, the consideration of the protocol is submitted to the court. As a rule, the decision is made by the world court, but situations can be more serious with the transfer of the case to the arbitration court. In any option, a decision is made to impose an administrative penalty on an individual or legal entity as a sanction. Depending on the violation, several decisions can be made on the violations found.

How to avoid inspection by Rospotrebnadzor?

The easiest option to avoid verification is the official reason for not receiving documents on the decision of the state structure. The most convenient reason may be the absence of a leader. The most radical option is the closure of the organization in which the audit can be carried out. In some cases, such a solution is convenient to open an organization with a new name. After that, it is not subject to planned control and supervision measures for three years. Although it will not be possible to “get away” from an unscheduled check.

Upon receipt of a citizen's complaint with any department of Rospotrebnadzor, control and supervision measures can be carried out literally on the day the new structure is created.

At all times, the visits of employees of Rospotrebnadzor (formerly SES) did not bode well. Sanitary and epidemiological requirements have been and remain very stringent, and it is often difficult to fulfill them in full. As a result, many officials of the department, coming to the next "victim", are determined in advance not to leave empty-handed. Accepting their "game", we in many ways spoiled civil servants with various kinds of "offerings". Experiencing reverent awe before inspections, most entrepreneurs completely forget that the inspector is just an official, and not an earthly incarnation of God, so it would not be out of place to know his rights and obligations.

Where does Rospotrebnadzor begin?
With the powers that the state has given 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 under the control of this department suffer. In accordance with the "Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Welfare", approved by Decree of the Government of the Russian Federation N 322 of June 30, 2004, this service exercises the following powers 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 protection;
• control over compliance with the rules for the sale of certain (provided by law) types of goods, the performance of work, the 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 these products for state needs, as well as when supplying (laying) flour into the state reserve, storing it as part of the state reserve and transporting it;
• state supervision and control over the quality and safety of flour, pasta and bakery products during the import (export) of these products to the territory of the Russian Federation.

Another document that a potential auditee should pay attention to is the "Administrative Regulations Federal Service for supervision in the field of consumer rights protection and human well-being for the performance of the state function for the implementation of in due course activity checks legal entities, individual entrepreneurs and citizens to comply with the requirements of sanitary legislation, laws and other regulatory legal acts of the Russian Federation governing relations in the field of consumer protection, and compliance with the rules for the sale of certain types of goods provided for by law, the performance of work, the provision of services "(hereinafter referred to as the Administrative Regulations). This document describes the verification procedure itself from start to finish.We advise you to print it out and keep it handy in case of a sudden visit.

What types of inspections can be carried out by employees of Rospotrebnadzor

Scheduled checks. In accordance with Art. 9 of the Federal Law can be held no more than once every 3 years according to a plan previously agreed with the prosecutor's office. Information about the objects of verification should be brought to their attention by posting on the official website of the controlling body, or through the media.

Unscheduled checks. The basis for such a check is:

• expiration of the deadline for the execution by a legal entity, an 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 public authorities, local authorities, on issues related to the competence of Rospotrebnadzor;
• causing harm to life, health of citizens, as well as the occurrence of natural and man-made emergencies;
• violation of consumer rights (in case of appeal of citizens whose rights have been violated).

An unscheduled inspection is also required to be coordinated with the prosecutor's office, except for cases of harm to the life and health of citizens, in which case the prosecutor's office is notified of the event within 24 hours.

When they came to check on you

The first thing to do is to ask for the official identification of all participants in the check and the order (order) to conduct the check. This is the main document for initial stage checks, so it is worth explaining its content in more detail. The order must contain mandatory details (Article 14 of the Federal Law):

• Name, position of official or officials authorized to conduct the audit, as well as experts involved in the audit, representatives of expert organizations;
• the name of the legal entity or full name of the individual entrepreneur, the verification of which is being carried out;
• goals, objectives, subject of the audit and the period of its implementation;
• the legal grounds for conducting the inspection, including the mandatory requirements to be verified and the requirements established by municipal legal acts;
• the 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, an individual entrepreneur is necessary to achieve the goals and objectives of the audit;
• start and end dates for the audit.

Attention! When conducting an inspection, employees of Rospotrebnadzor may present an order drawn up in accordance with the Administrative Regulations, which does not contain all the mandatory details provided for by the Federal Law. Since the law is this case has greater legal force in comparison with the regulations, you have the right to refuse the inspectors to conduct an audit until they eliminate all the shortcomings.

Remember that you obliged hand over against signature a copy of the order (order), certified by the seal.

What are health professionals usually interested in?

Firstly, they will look at the availability of sanitary and epidemiological conclusions and certificates of conformity. The former are necessary when selling products and carrying out activities specified in the Order of Rospotrebnadzor dated July 19, 2007 No. 224. Among others, it includes children's toys, food products, perfumes and cosmetics, and activities in the field of alcoholic beverages. The list of goods and services that are subject to mandatory certification is contained in Decree of the Government of the Russian Federation dated December 1, 2009 No. 982. Cancellation from February 15, 2010 of mandatory certification for food products and cosmetics and perfumes does not mean the complete abolition of mandatory certification. The absence of a certificate of conformity for a product is one of the most common violations detected as a result of inspections.

In addition, officials will check compliance with sanitary rules and regulations (SanPiN). Recall that an organization or an individual entrepreneur working in the field of retail trade must have available full text the current SanPiN in its line of business. If a we are talking on the sale of food products or the provision of catering services, then most often the subject of close attention of inspectors is the expiration date of products, compliance with the commodity neighborhood, compliance temperature regime food storage, compliance with hygienic standards for microbiological indicators.

In addition, they can check the existence of a contract for disinfestation (destruction of insects - ed.) And deratization (rodents - ed.), As well as visual results of work under this contract. Obviously, the contract will not save you if cockroaches crawl 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 books with marks on medical examinations, employees must be dressed in overalls that correspond to their main activity.

Formulation of test results

Based on the results of the audit, an act 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 for 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 head, other official or authorized representative of the legal entity (individual entrepreneur) who were present during the inspection;
• date, time, duration and place of the inspection;
• information about the results of the inspection, including the identified violations of mandatory requirements and requirements established by municipal legal acts, their nature and the persons who committed these violations;
• information on familiarization or refusal to familiarize with the act of verification of the head, other official or authorized representative of the legal entity (individual entrepreneur) who were present during the verification, on the presence of their signatures or on the refusal to sign, as well as information on entering in the register of audits records of the inspection carried out or the impossibility of making such an entry due to the absence of the specified journal by the legal entity (individual entrepreneur);
• signatures of the official or officials who carried out the verification.

Attached to this act are acts on the selection of samples (samples) of products, examination of environmental objects, protocols (conclusions) of studies (tests) and examinations, explanations of officials of Rospotrebnadzor, employees who are held responsible for violations of mandatory requirements, and other documents or their copies related to the results of the control measure.

One copy of the act with copies of the annexes is handed over to the head of the legal entity (individual entrepreneur) or their representatives against signature or sent by post with a notification of receipt, which is attached to the copy of the act remaining in the file of the state control (supervision) body.

In addition, the inspectors will not miss the opportunity to draw up a protocol and issue you an order to eliminate the violations committed if they reveal the composition of 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 of sale certain types 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 results of the audit

If you do not agree with the results of the check, then you should not ignore them, otherwise you can wait until the moment when you are once again brought to administrative responsibility, but already under Art. 19.5. Code of Administrative Offenses of the Russian Federation "Failure to comply in time with a legal order (decree, presentation, decision) of a 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 "Non-payment of an administrative fine or unauthorized leaving the place of serving an administrative arrest."

You can state your disagreement with the results of the check 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 substantive law, including their incorrect application, application of invalid regulations, etc.

Please note that different documents drawn up during the audit have their own appeal procedures. So, the order is appealed in the order of Chapter 25 of the Code of Civil Procedure, and the decision in the case of administrative offense- according to chapter 30 of the Code of Administrative Offenses of the Russian Federation.

Found a typo? Select the text and press Ctrl + Enter

INSPECTIONS OF ROSPOTREBNADZOR -REMINDER TO THE ENTREPRENEUR!

1. Types of checks

2. Whom can Rospotrebnadzor check?

3. What does Rospotrebnadzor check?

4. How is the check of Rospotrebnadzor

5. The most common penalties of Rospotrebnadzor:

6. How to prepare for an inspection by Rospotrebnadzor?

Many entrepreneurs working in various areas of business, in the course of their activities, have to have relations with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, but simply Rospotrebnadzor! This department is a controlling state organization and issues orders and imposes fines. Any business is obliged to build the right strategy for relations with Rospotrebnadzor in order to avoid sanctions from its side. Knowing how Rospotrebnadzor conducts checks is a must for every entrepreneur! Below is the basic information about the inspections carried out by Rospotrebnadzor within its powers!

TYPES OF CHECKS

Rospotrebnadzor, within the framework of the current legislation, can conduct inspections of the following main types:

Planned, which are held once every 3 years for a separate organization or private entrepreneur on the basis of a schedule developed for the calendar year in advance. This document outlines the subject of the audit, the timing and the name of the audited subject.

entrepreneurial or other activities, which will be officially notified of it no later than 3 days before the arrival of employees of Rospotrebnadzor. The exception is organizations operating in the system mass events, education and health;

Unscheduled, which are carried out on the basis of complaints and appeals of citizens, as well as to monitor the implementation of previously issued instructions to eliminate violations. Verification is not based on anonymous or false statements. In addition, any unscheduled inspection must be agreed with the prosecutor's office. In food-related business sectors, unscheduled inspections are carried out without warning. In critical cases where there is real threat human and animal health, the check is carried out without the sanction of the prosecutor's office;

Exit or documentary. This type of inspection determines the very procedure for the relationship between the inspector and the business. An employee of Rospotrebnadzor can personally visit the enterprise to be checked, or request a package of documents for research at his own workplace.

WHO CAN ROSPOTREBNADZOR CHECK?

The answer to this question is quite simple! Almost any enterprise, but most often the business that operates in the field of consumer relations, that is, is closely connected with the population, is checked. Trade enterprises, food production, providing services of a different nature, education - this is not a complete list of organizations that can be inspected by employees of Rospotrebnadzor.

WHAT DOES ROSPOTREBNADZOR CHECK?

The jurisdiction of Rospotrebnadzor includes a wide variety of functions that are carried out by specialists in various fields. This organization was given all the control and auditing powers previously exercised by sanitary and epidemic stations. Rospotrebnadzor exercises control in the following areas:

Compliance with consumer protection laws;

Monitoring of the sanitary and epidemiological situation at enterprises;

Certification of employees working in contact with food;

Audit of the hygienic and social situation of enterprises;

Compliance with norms and laws in the field of energy saving.

Often, after receiving complaints from citizens, Rospotrebnadzor initiates a comprehensive unscheduled check of the correctness of registration labor relations, the availability of sanitary books, cash registers and product certificates, as well as the compliance of the premises used with norms and standards.

HOW THE ROSPOTREBNADZOR IS CHECKED OUT

All checks begin with an audit of documents. The inspector has the right to request any documentation that falls within the competence of Rospotrebnadzor. When conducting an on-site inspection, an employee of the department is required to present:

Personal ID;

Order for control measures.

As a result of the audit, an act or conclusion is drawn up, which reflects all the violations that need to be eliminated. The inspector of Rospotrebnadzor, in case of detection of violations, can issue an order for elimination, impose a fine, suspend the activities of the enterprise until the violations are eliminated, or refer the case to the courts.

THE MOST COMMON PENALTY OF ROSPOTREBNADZOR:

IMPORTANT! The conclusion of the inspector of Rospotrebnadzor can be appealed within 3 months from the date of issuing orders or imposing a fine in a higher structure of Rospotrebnadzor or directly in court!

LIST OF REQUIRED DOCUMENTS

FOR BUSINESS:

IN THE SPHERE OF TRADING IN CLOTHES AND SHOES:

2. Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”.

community commission of the customs union on the adoption of the technical

Regulations of the Customs Union "on the safety of products of light

industry".

4. Government Decree Russian Federation dated January 19, 1998 No. 55 “On approval of the rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of good quality that are not subject to return or exchange for a similar product of a different size, shape, dimension, style, color or configuration.

IN THE FIELD OF ACTIVITY OF RESTAURANTS, CAFE, BANQUET HALLS:

1. Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”.

2. Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population".

3. Federal Law of June 24, 1998 No. 89-FZ "On Production and Consumption Waste", version No. 22 of December 29, 2014.

5. Federal Law No. 261-FZ of November 23, 2009 “On Energy Saving and Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”.

8. Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 No. 302 / n “On approval of the lists of harmful and (or) hazardous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations ) workers engaged in hard work and work with harmful and (or) dangerous working conditions.

9. Uniform sanitary - epidemiological and hygienic requirements for goods subject to sanitary - epidemiological supervision (control), approved by the decision of the Commission of the Customs Union dated 28.05.2010 No. 299.

10. SP 2.3.6.1079-01 "Sanitary and epidemiological requirements for public catering organizations, production and turnover in them of food raw materials and food products."

11. SanPiN 2.3.2.1324-03 "Hygienic requirements for shelf life and storage conditions of food products".

12. SP 1.1.2193-07 "Changes and additions No. 1 to SP 1.1.1058-01 "Organization and implementation of production control over compliance with sanitary rules and implementation of sanitary and anti-epidemic (preventive) measures"".

13. SanPiN 2.3.2.1078-01 "Hygienic requirements for safety and nutritional value foodstuffs."

14. TR CU 021/2011 "Technical regulations Customs Union"On food safety" (Approved by the Decision of the Commission of the Customs Union dated 09.12.2011 No. 880)".

15. TR CU 029/2012 "Technical Regulations of the Customs Union "Safety Requirements for Food Additives, Flavorings and Processing Aids" (Approved by Decision of the EEC Council No. 58 dated 20.07.2012)".

16. TR TS 034/2013 "Technical Regulations of the Customs Union "On the Safety of Meat and Meat Products" (Adopted by the Decision of the EEC Council dated 09.10.2013 No. 68)".

HOW TO PREPARE FOR THE INSPECTION OF ROSPOTREBNADZOR?

ADVICE! Do not panic when you receive an alert about a check or the sudden arrival of a Rospotrebnadzor employee. If necessary, invite a lawyer. Strictly follow the observance of legal norms by the inspectors and everything will be in order!

Most The best way to avoid unreasonable decisions of employees of Rospotrebnadzor during the inspection - THIS is to involve specialists in this field in the process, but such a service is not cheap. It is very difficult to put your activities and documentation in order on your own, so you should conduct your business in such a way that the Rospotrebnadzor inspector cannot find fault with anything!

Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Republic of Dagestan

In this article, we will address the issue of inspections by Rospotrebnadzor in Moscow: what the commission employees check, what documents should be in the company, what responsibility is regulated when violations are detected.

What does Rospotrebnadzor do?

The activities of the public service called Rospotrebnadzor are quite diverse, as it combines the functions of several ministries and departments at once. In particular, Rospotrebnadzor in Moscow carries out:

• sanitary and epidemiological supervision (for example, in the field of catering, in construction, in production and in other areas);
• control over compliance with the consumer protection law;
• issuance of sanitary and epidemiological conclusions based on the inspections carried out;
• conducting social and hygienic monitoring;
• coordination of activities of territorial divisions;
• certification of workers involved in the production, transportation, storage, sale of food products and drinking water;
• accounting, statistics and a number of other functions.

The activities of Rospotrebnadzor are regulated by a regulation approved by the Decree of the Government of the Russian Federation No. 322 of 06/30/2004.

Who can be checked by Rospotrebnadzor in Moscow?

This department is endowed with broad rights. For this reason, almost all organizations, institutions, companies, enterprises and entrepreneurs can be subject to inspection by Rospotrebnadzor.

Most often, inspections of this department are faced by those who are in close connection with public services (providing services to them, including household services, selling medicines, food and industrial products, public catering, etc.). In addition, preschool and school institutions are often subject to inspection.

How is the inspection carried out by Rospotrebnadzor in Moscow?

Before proceeding with the check, the Rospotrebnadzor specialist must present you with a certificate along with an order to carry it out signed by the head territorial department of Rospotrebnadzor. The order must include all necessary information on the date of the inspection, the address at which it will be carried out, and the data of the inspectors.

By the way, with regard to the timing, the check should not be longer than 20 days. The duration can be increased only in certain cases and by order of the leadership of Rospotrebnadzor. Notifying the head of the organization about this is mandatory.

When carrying out field inspections of small enterprises, inspectors are given no more than 50 hours a year, and if this is a micro-enterprise - no more than 15.

To determine the duration of the inspection of one legal entity, it is necessary to add up the time spent on inspections conducted by any supervisory authorities during the year

What does the territorial department of the Rospotrebnadzor control check?

Often, Rospotrebnadzor checks are carried out on the basis of statements from the population regarding violations in the work of trade and public catering enterprises, on complaints from citizens regarding violations of the storage of garbage and waste in the territories adjacent to the enterprises, exceeding acceptable level noise, etc.

On all appeals, the territorial control body has the right to organize an inspection of:

• correct execution of work books and contracts of employees;
• availability of documentation confirming the qualifications of employees (copies of documents on education);
• availability of medical books for employees;
• availability and maintenance of journals that record control measures in accordance with Russian legislation (Article 16 of the Law “On the Protection of the Rights of Legal Entities ...” dated December 26, 2008 No. 294-FZ);
• availability of certificates for goods, excise taxes on it;
• checking cash registers (cash registers);
• premises, etc.

Inspectors have the right to carry out control purchases of goods. During the inspection, the inspector may take samples and samples of products to send them for examination with the obligatory drawing up of a protocol. He must be provided with all the necessary documentation.

If we are talking about checking the premises, then more often we are talking about a visual inspection. In addition, the necessary measurements of areas, window and door openings are carried out, which must comply with existing standards.

Attention is paid to the presence and serviceability of ventilation, its isolation from the air ducts of residential buildings and premises. The premises itself should not have significant deviations from the declared project, which is drawn up, among other things, taking into account the state of the enterprise. For example, SanPiN sets the area norm per 1 employee - and it must be observed.

Documents provided to inspectors of Rospotrebnadzor

During the inspection, inspectors note the presence of:

• signs in accordance with the requirements;
• corners of consumers (clients, patients);
• prices for goods or services rendered signed by the head;
• certificates of ownership of the premises or contracts for its lease;
• contracts for garbage collection and disinfection, disinfestation, deratization;
• charter of the organization, certificate of assignment of TIN;
• registers of sanitary inspections, sanitary-epidemiological and expert opinions;
• business licenses and other documents.

It should also be said that there may be differences in the requirements for mandatory documentation depending on the region.

Rospotrebnadzor inspectors evaluate all the documentation provided in terms of legality, compliance with regulations and regulations.

Powers of Rospotrebnadzor based on the results of the audit

Based on the results of inspections carried out by Rospotrebnadzor, conclusions are issued indicating the identified violations, measures are proposed (recommendations are given) to eliminate them, and prescriptions are issued regarding the punishment of those responsible.

In case of failure to comply with the requirements of inspectors, the heads of organizations (entrepreneurs) are held administratively liable in accordance with the norms of the law (part 1 of article 19.4 of the Code of Administrative Offenses of the Russian Federation).

This rule provides for a fine, the amount of which for officials varies from 2,000 to 4,000 rubles.

What is outside the competence of Rospotrebnadzor?

The powers of Rospotrebnadzor are not unlimited. For example, inspectors may not:

• carry out a scheduled inspection without the presence of officials or persons who are representatives of the legal entity in respect of which it is carried out (the exception is cases when there is a threat to the health and life of citizens, representatives of fauna and flora, state security or in case of man-made disasters);
• seize original documents or require documents, information or samples of products that are not the objects of verification;
• exceed the terms of the inspection, which are provided for by the current legislation;
• take samples (samples) of products for further research or examination in excess of the norms established by the standards and without issuing relevant documents (sampling acts);
• issue instructions to organizations and individual entrepreneurs regarding the conduct of control measures at their expense.

Control body Rospotrebnadzor

The control body Rospotrebnadzor is responsible for checking documents and the sanitary and hygienic condition. First of all, we note that each type of enterprise requires its own list of documents. Accordingly, the verification of Rospotrebnadzor products and the verification of the office of a law firm will differ somewhat in terms of the requirements for the organization. Rospotrebnadzor can check everything from medical records of staff to statutory documents.

Preparation for Rospotrebnadzor inspections

SUE MGCD offers professional assistance in preparing a set of necessary documents for successful completion of Rospotrebnadzor inspections for individual entrepreneurs and legal entities, regardless of the nature of the activity. We provide consultations on the areas of verification of Rospotrebnadzor and audit of existing documents for the verification of Rospotrebnadzor, as well as execution of all necessary documentation.

Scheduled inspections of Rospotrebnadzor

A scheduled inspection by Rospotrebnadzor usually takes place after the company is notified of the inspection with the appointment of a specific date. According to the inspection schedule of Rospotrebnadzor in 2017, scheduled inspections for companies are carried out every 3 years (with the exception of medical organizations) or in case of notification of a new type of activity. You can see if your company is included in the inspection plan of Rospotrebnadzor for 2017 on the official website.

Scheduled inspections are carried out on the basis of an annually drawn up plan (schedule), which can be found on the official websites of the territorial bodies of this department and prosecutor's offices in the regions. The plan contains the following data:

• date of verification;
• its duration;
• persons in respect of which the verification will be carried out;
• subject of verification.

In accordance with the law on the protection of the rights of entrepreneurs during inspections, a legal entity must be notified of the planned inspection at least 3 days before it starts. The inspection body notifies legal entities of the planned actions as follows:

• by mail with acknowledgment of receipt;
• personal delivery of the notice to the legal representative of the legal entity against signature.

Such checks are carried out at least after 3 years:

• after registration of a legal entity;
• start of business activities;
• from the end of the previous check.

Unscheduled inspections of Rospotrebnadzor

Please note that since 2015, Rospotrebnadzor has the right to conduct an unscheduled inspection. This applies to catering organizations, manufacturers and sellers of food products. There are several reasons for such checks:

• consumer complaint, authorities and local government employees
• poor service or product quality

In the course of such a check, as a rule, the information received is proved or refuted. But even during unscheduled inspections, the head of the enterprise is informed at least 24 hours in advance if there is no emergency case of poisoning or serious infections.

Unscheduled inspections can be carried out:

• after the expiration of the deadlines established for the execution of previously issued orders;
• upon receipt by the territorial bodies of Rospotrebnadzor of applications reporting facts that pose a threat to the life and health of citizens and environment;
• in cases of violation of consumer rights.

If the appeals of individuals and legal entities do not indicate specific facts of violations or they are submitted anonymously, then the verification will be denied. It should also be mentioned that an unscheduled inspection is possible only with the consent of the prosecutor's office, which is the supervisory authority. Otherwise, the results will be invalidated.

Exceptions are allowed in cases where Rospotrebnadzor receives emergency messages about situations that pose a threat to the life and health of people, animals and animals. flora, objects of historical value, or the security of the country.

Notify the legal entity of the forthcoming inspection should be no later than one day before its start. AT emergency cases this requirement may not be met.

Field and documentary checks

Field and documentary checks can also be scheduled and unscheduled.

In the first case, in addition to documentation, goods, equipment, premises and territories are checked.

In the second - the check is carried out without a visit to the place, while Required documents to Rospotrebnadzor are provided by a legal entity. If in the course of it serious violations are revealed, then an on-site inspection is possible. During a documentary check, it is allowed to conduct research and documentation, and product samples.

Penalties of Rospotrebnadzor

Rospotrebnadzor fines may affect you if any violation is detected. Depending on the nature of the violation, there may be orders to correct violations, a fine, suspension of the company's activities for up to 90 days, and even criminal liability in especially serious cases. You can see the full table of fines of Rospotrebnadzor for legal entities on the Internet.

Tips for successfully passing inspections of Rospotrebnadzor

• Only the head of the company or confidant. If at the time of the audit the head or authorized representative is absent, the company has the right to refuse to check the employees of Rospotrebnadzor. However, this rule should not be abused.
• Check the documents of officials. If there are any violations in them, then this is also the right to refuse to check your organization by these employees of Rospotrebnadzor.
• Rospotrebnadzor checks should be carried out clearly according to the regulations, which describe what actions the commission is entitled to take and which are not. Review the document before checking. You can download the regulations for the inspection of Rospotrebnadzor on the Internet.
• When checking, do not worry, behave as you would on a normal day. There is no need to imagine the inspection of Rospotrebnadzor as a terrible monster. it ordinary people who want to do their job well. In addition, everything that Rospotebnazdor checks is, first of all, for your benefit and the successful development of your business.
• If you know the date of the inspection, prepare for it in advance, check all the necessary documents and the sanitary condition of the company.
• You must have a register for accounting for Rospotrebnadzor inspections, in which all inspection data is entered. This is useful in case of evidence that the check has already been.