What documents should be when checking Rospotrebnadzor. What you need to know about health checks

Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” establishes the procedure for organizing and conducting inspections of legal entities, individual entrepreneurs by bodies authorized to exercise state control ( supervision), municipal control, their rights and obligations of bodies, as well as measures to protect the rights and legitimate interests of legal entities and individual entrepreneurs.

The provisions of this law do not apply to the actions of state bodies when conducting an administrative investigation, exercising state control at border crossing points Russian Federation.

Organization and conduct of a scheduled inspection

The subject of a scheduled inspection is compliance by a legal entity, an individual entrepreneur with the established requirements, as well as compliance with the information contained in the notification of the start of implementation certain types entrepreneurial activity, mandatory requirements.

Scheduled inspections are carried out on the basis of consolidated annual plans formed by the General Prosecutor's Office of the Russian Federation. The consolidated plan for scheduled inspections is posted on the official website of the Prosecutor General's Office of the Russian Federation.

The basis for including a scheduled inspection in the annual plan for scheduled inspections is the expiration of 3 years from the date of:

1) state registration legal entity, individual entrepreneur;

2) completion of the last scheduled inspection of a legal entity, individual entrepreneur;

3) the commencement of entrepreneurial activities by a legal entity, individual entrepreneur in accordance with the submitted notice of the commencement of certain types of entrepreneurial activities.

Scheduled inspections are carried out no more than once every 3 years.

In relation to legal entities and individual entrepreneurs carrying out activities in health care, education, social sphere, scheduled inspections can be held 2 or more times in 3 years.

About the scheduled inspection entity, an individual entrepreneur is notified by the control body no later than within 3 working days before the start of its conduct, sending a copy of the order or order of the head (deputy head) of the control body on the start of a scheduled inspection or otherwise.

Organization and conduct of an unscheduled inspection

The subject of an unscheduled inspection is compliance by a legal entity, an individual entrepreneur with established requirements, compliance with the instructions of control bodies, taking measures to prevent harm to life, health of citizens, harm to animals, plants, environment, to ensure the security of the state, to prevent the occurrence of natural and man-made emergencies, to eliminate the consequences of causing such harm.

A legal entity, an individual entrepreneur is notified of an unscheduled on-site inspection by the control body at least 24 hours before the start of its conduct by any accessible way.

If, as a result of the activity of an entrepreneur, harm (or there is such a threat) to the life, health of citizens, harm to animals, plants, the environment, cultural heritage, state security, if emergencies of a natural and man-made nature have arisen or may arise, as well as, if consumer rights are violated, prior notification of legal entities, individual entrepreneurs about the start of an unscheduled on-site inspection is not required.

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.

Inspections may be carried out in the form of a documentary inspection and (or) an on-site inspection.

Documentary verification

The subject is the information contained in the documents of a legal entity, an individual entrepreneur, establishing their organizational and legal form, rights and obligations, documents used in the implementation of their activities and related to the fulfillment of their established requirements, the execution of instructions and resolutions of control bodies.

In the process of conducting a documentary audit, first of all, the documents of a legal entity, an individual entrepreneur that are at the disposal of the control body are considered, including notifications of the start of certain types of entrepreneurial activities, acts of previous audits, materials on consideration of cases on administrative offenses and other documents.

If the reliability of the information contained in the documents at the disposal of the control body raises reasonable doubts, or this information does not allow assessing the fulfillment by the entrepreneur of the established requirements, the control bodies request from the legal entity, individual entrepreneur other Required documents.

When conducting a documentary audit, the control body is not entitled to demand from a legal entity, an individual entrepreneur, information and documents that are not related to the subject of the audit.

Field check

The subject is the information contained in the documents of a legal entity, an individual entrepreneur, as well as the compliance of their employees, the condition of the territories, buildings, structures, structures, premises, equipment used in the implementation of activities, Vehicle goods produced and sold by a legal entity, an individual entrepreneur (work performed, services provided) and measures taken by them to fulfill the established requirements.

An on-site inspection is carried out if, during a documentary inspection, it is not possible to:

a) verify the completeness and accuracy of the information contained in the notification of the commencement of certain types of activities and other documents of the legal entity, individual entrepreneur available to the control body;

b) assess the compliance of the activities of a legal entity, an individual entrepreneur established requirements.

Time limit for the inspection

The term for conducting inspections cannot exceed 20 working days.

With regard to one small business entity, the total period of scheduled on-site inspections cannot exceed 50 hours for a small business and 15 hours for a micro-enterprise per year.

In exceptional cases, related to the need to conduct complex and lengthy studies, special examinations and investigations, the period for conducting a scheduled on-site inspection may be extended, but by no more than 20 working days, and in relation to small enterprises, micro-enterprises - by no more than 15 hours .

Regulatory legal acts, regulating the implementation of supervision and control over compliance with the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population and protecting consumer rights are:

Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”;
Federal Law No. 52-FZ of March 30, 1999 “On the Sanitary and Epidemiological Welfare of the Population”;
Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”;
Federal Law No. 29-FZ of 02.01.2000 “On the Quality and Safety of Food Products”;
Federal Law No. 157-FZ of 17.09.1998 “On Immunoprophylaxis of Infectious Diseases”;
Federal Law No. 3-FZ dated 09.01.1996 “On Radiation Safety of the Population”;
Decree of the Government of the Russian Federation dated July 24, 2000 No. 554 “On approval of the Regulations on the state sanitary and epidemiological supervision of the Russian Federation and the Regulations on the state sanitary and epidemiological regulation”.

Rospotrebnadzor was created in order to control and suppress non-compliance sanitary regulations and take epidemiological measures to prevent the spread of various diseases.

Rospotrebnadzor is also associated with us as a federal body designed to protect the rights of consumers. Which may include the following functions:

trade inspection;
organization of quality control of manufactured and sold goods;
monitoring that manufacturers of goods comply with sanitary standards;
consumer rights Protection;
development of rules and regulations on hygiene and sanitary and epidemiological surveillance.

After the verification structural subdivision Rospotrebnadzor issues a conclusion recognizing sanitary and epidemiological safety. The purpose of this activity is the prevention of infectious diseases.

Even before crossing the border with Russia, the goods are checked by Rospotrebnadzor.

The list of such products is as follows:

food products;
children's products;
household chemicals;
tobacco;
perfumery;
raw materials.

How to prepare for an inspection by Rospotrebnadzor - see this video:

The functions of this federal body, as well as the powers, are specified in the RF GD of 2004 "Regulations on the Service for Supervision in the Field of Consumer Rights Protection and Human Welfare." The service exercises the following powers:

control over compliance with the legislation of the Russian Federation on sanitary standards, consumer protection;
oversees the provision of sanitary and epidemiological conditions;
controls the sale of certain types of goods;
exercise control at checkpoints across the border;
control the creation of the country's food reserve;
implementation of licensing.

Certain goods cannot be produced without a license, this threatens with a considerable fine. In these cases, an organization or enterprise obtains a license by applying to government agency who has the authority to issue it. Such bodies are called licensors.

Rospotrebnadzor is also considered a licensor. This federal body is responsible for the sanitary and epidemiological situation in the country, therefore it issues licenses the following enterprises, organizations and entrepreneurs:

those who are engaged in production related to the use of substances that can cause infections;
those who work with sources of ionizing radiation.

Thus, Rospotrebnadzor protects society from the adverse effects of the environment, low-quality products, production processes. Protects against the harmful effects of viruses.

For example, all vaccination companies against influenza are controlled by Rospotrebnadzor. That is, it looks after the interests of people, their safety and well-being.

What is prohibited by inspectors

From the previous section, one can notice the variety of functions of Rospotrebnadzor. This is the issuance of conclusions based on the results of inspections, and control over the observance of consumer rights.

All this diversity can be summarized briefly: consumer protection in the most different areas. And since we are all consumers, in fact the work of this state body is connected with all of us.

But although many areas of production and sales are controlled by Rospotrebnadzor, it has its own limitations. The prohibitions also apply to the technical side of such activities as inspections. What is prohibited:

if the case does not pose a clear threat, you cannot check without the person being checked;
in no case - to seize documents, you can only get acquainted with the originals;
it is forbidden to check objects and documents not foreseen in advance;
to carry out the check unreasonably long, deliberately delaying the time;
take samples larger than those indicated in the regulatory enactments;
pick up products for "study" without paperwork.

Over the past 10 years, violations by Rospotrebnadzor employees have declined sharply. This happened due to the strengthening of control and tougher penalties from employees of state structures and officials.

What is the procedure for checking LLC and IP?

Types of checks for individual entrepreneurs and LLCs

The main types of inspections of Rospotrebnadzor are fixed in Federal Law No. 294. In order to supervise enterprises, organizations and individual entrepreneurs conduct inspections of:

planned;
unscheduled.

Sometimes such events are organized jointly with several structures:

veterinary inspection;
the fire department;
tax service.

The main difference between scheduled and unscheduled inspections is the reason for conducting them. In the first case, this happens according to the schedule, in the second - according to the received signal.

- what are the main differences you can find out at the link.

Planned inspection - what to prepare for

Changes that have taken place in the last 2 years Russian legislation, affected and 294-FZ of the Russian Federation. Inspections will not affect those organizations that have been operating for less than 3 years. After that, they are included in the general schedule. The management of the enterprise is notified in advance about the scheduled inspection.

It happens like this. Sent to the address of the organization by registered mail a copy of the order of the head of the local branch of Rospotrebnadzor. The verification may begin no less than three days after the letter has been received. According to the rules, the verification cannot last more than 20 days.

For small companies, other conditions for the maximum duration of inspections are provided. There should be no more than 50 hours per year. In exceptional cases, it is allowed to extend the check for another 20 days.

The frequency of scheduled inspections is 1 time in 3 years. During the test, you are allowed to:

check any documents that relate to the subject of the check, and accounting journals;
verify the implementation of the law "On the Protection of Consumer Rights";
control the availability of licenses and certificates. How to get a license for alcohol - read;
check the implementation of sanitary and epidemiological measures;
to control the certification of employees;
suggest ways to eliminate violations;
check the implementation of corrections in the work or execution of documents;
take samples for testing.

Regarding the last point, it should be said separately that the cost of the material taken for examination is not compensated, and the sampling itself must be formalized. All documents regarding inspections must be available.

When inspecting the territories, Rospotrebnadzor checks:

buyer's corner
registration of a sign, according to the rules;
the presence of price tags on goods;
the price tags must contain the details of the organization with the signature of the head;
availability of complete information about the product, including suppliers and manufacturers;
the parameters of the room must be normal;
illumination must meet the requirements;
compliance with sanitary and hygienic rules: standards for lighting, noise, cleanliness and vibration.

Any violation on the part of Rospotrebnadzor in compliance with the rules of a scheduled inspection may be the basis for refusing to conduct an inspection. Before you let the inspector check the documents, you need to make sure that his documents are available.

Any non-compliance with the rules of verification is the basis for its termination.

Sample act of inspection of Rospotrebnadzor.

Documents to check

Prepare in advance for a scheduled inspection, put all the documentation in order. During the inspection process, the inspector has the right to demand any of the following papers:

Constituent (for example,). What is checked: relevance, compliance with the declared reality about the enterprise, its structure, activities, licenses.
property contracts. The check is underway: identification of premises according to documents, footage and other parameters are taken into account.
Personnel documents. The data is checked: the number of employees, the creation additional conditions in case of increased harm to health, including regular medical examinations. How to write a report on average headcount workers you can find out
Availability medical books(if necessary). Deadlines are checked.
Sanitary measures. Documents for disinfection, garbage disposal, etc.
Verification of compliance with previous instructions. It is controlled what has been done so that all deficiencies are eliminated.
All certificates for products.
AT outlets: location of all documentation trading floor in places accessible to people.
Other documents are possible.

There is no list of documents that may be requested in the legislation. The list is selected depending on the direction and specifics of the work of the enterprise or organization, on the purpose of the audit.

In preparing for the audit, you must first take into account the previous comments.

Grounds for an unscheduled inspection

An unscheduled inspection can be organized upon a complaint received by the local branch of Rospotrebnadzor. Most often, these claims relate to non-compliance with sanitary and epidemiological standards or a threat to the life and health of the population. A complaint may be filed:

citizens;
organizations.

Anonymous complaints will not be considered. In the case of a scheduled inspection, one of the conditions for its conduct is the presence of a person who is controlled. At unscheduled inspection When it comes to a health or safety hazard, the organization is not notified three days before the start of the inspection.

But the plan for the upcoming inspection must be agreed with the prosecutor's office. Otherwise, the check will not be considered valid. Both scheduled and unscheduled inspections must comply with the deadlines: the duration is no more than 20 days.

The documentation required is exactly the same, that is: founding documents, licenses, property contracts, etc.

What threatens in case of finding offenses

The result of the verification is the drawing up of an act in two copies. An employee of Rospotrebnadzor takes one with him, the other remains at the enterprise.

An order is also drawn up with the identified shortcomings and proposals for their elimination within a certain time. The document lists the results of the check:

according to sanitary standards;
sale of goods;
the quality of the goods and services offered;
violations of the law;

In case of detection of violations, an enterprise, organization or individual entrepreneur may face administrative penalties in the form of:

a fine;
suspension from office for a number of years specified by law;
confiscation of goods;
suspension of the company.

Penalties are assigned depending on violations. They can be minimal and amount to 500 rubles, or they can be 500 thousand. Disqualification of the leader can last up to 3 years.

The order can be appealed within a certain period. No more than 10 days must pass from the date of receipt of a copy of the document.

Is it possible to avoid verification?

To avoid verification, you must comply with the law "On the Protection of Consumer Rights". Employees of Rospotrebnadzor do not have the right to exceed their powers, which is easy to verify. In other cases, you need to worry not about how to avoid checking, but about bringing all the documentation in order.

You can find out how Rospotrebnadzor checks in practice here:

As the saying goes: “Three years pass unnoticed, and another inspection by Rospotrebnadzor has come again.”
Our company this year was on a scheduled inspection. The test came unexpectedly!
In this article, I will give you a detailed report.

PRODUCTION:

I. Preparation of all production documents:

1.QC log finished products (marriage journal)
The list of dishes recorded in the marriage journal must necessarily match the menu posted in the dining room.
2. must be signed by the manager, calculator and director of the enterprise, certified by the seal of the enterprise.
In the menu, the output of the dish must match the output of the dish in the technological map.
The price of the dish is the same as located next to the calculator.
3. All dishes on the menu must have technological maps, which coincide with the layouts of the collection of recipes, if the prepared dish is not in the collection of recipes, there must be a technical and technological map.
4. A collection of recipes must necessarily be normative, i.e. on the first page a collection of technological standards is written, if there is none, then “Collection of recipes for dishes and culinary products for enterprises Catering» not older than 2003.
5. must be for all dishes produced at your enterprise, be freely available to cooks, laid out according to their intended purpose, i.e. cold appetizers, meat dishes, and so on. Each card is signed by the production manager, calculator and director, certified by the seal of the enterprise. (They are located in the workshops or in a certain place accessible to chefs)
6. , compiled for dishes produced by your company that are not in the collection of recipes for dishes. Signed by the map developer, director of the enterprise and certified by the seal of the enterprise. (keep with the production manager)
7. Temperature and humidity control log in cold rooms .
A journal in which all freezers and refrigerated cabinets of production are entered and thermometer readings are recorded daily. The presence of an alcohol thermometer in the cells is mandatory.
8. Journal of breeding des. funds.
No matter what disinfectant you use (chlorine, chloramine, deo-chlorine, etc.), you need to keep a record of the products you dilute.
9. Log book emergencies and repair work(emergency log)
10. Journal of hand examination for pustular diseases (health journal)
11. Journal of recording the operating time of the bactericidal lamp.
Require the presence of a bactericidal lamp for the processing of a cold shop
(according to methodological guide for public catering. V paragraph - Requirements for the arrangement and maintenance of premises. Paragraph 5.9 reads: “In workshops for the preparation of cold dishes, soft ice cream, in confectionery workshops where cream is prepared and the decoration of cakes and pastries, it is recommended to install bactericidal lamps.” In fact, the word is not recommended, but their presence is required.

One of the main documents during the verification is the availability

Which includes:
a) Characteristics of the object
b) Characteristics of buildings, a set of premises.
c) Characteristics of engineering systems (compliance with sanitary rules)
d) Characteristics of the territory (zoning, landscaping, sanitary protection zone)
e) The staff of the enterprise (actually according to the project)
f) The range of products indicating the regulatory - technical documentation, design and actual capacity of the enterprise.
g) A set of warehouse, production and auxiliary premises (sites)
h) Stages technological process production of culinary products in public catering organizations
i) Critical checkpoints production, their indicators, indicating regulatory documents, technical documents, frequency, responsible person.
j) The entire list of regulatory documents
l) List of accounting and reporting forms.

Next, you need to have
13. Contract for disinfestation and deratization.
14. Contract for laboratory studies of the quality and safety of culinary products (physico-chemical, chemical, microbiological)
15. The act of checking ventilation (if such is present at the factory)
16. Mandatory availability of sanitary books for each employee of the enterprise, a new sample with the presence of a seal of passing the sanitary minimum and all seals of admission to work.
17. In a conspicuous place, we post a schedule for general cleaning of the enterprise at least twice a month.

II. PREPARATION OF ALL PRODUCTION SHOPS
Vegetable shop - Marked jars, cutting boards, knives (O, S; Greens)
Marked buckets (Paul O.Ts; Equipment O.Ts).

Signed container for processing herbs.
Measuring containers for dilution of acetic acid.
Meat shop - Marked bowls, cutting boards, knives, cutting tables (R.S; M.S; K.S).
A deck for cutting meat - exactly cut, sprinkled with salt, closed with a lid.
Marked buckets (Paul M.Ts; Equipment M.Ts).
At the table, raw chickens (K.C) should hang an apron signed for processing chickens.
At the entrance to the workshop and at the electric meat grinder, rubber mats are laid, at the entrance they are sprinkled with a little chloramine.
.
Cold shop - Marked bowls, cutting boards, knives (H.Z; O.V; Greens; Herring; M.V; Meat gastronomy; Butter; Cheese)
The presence of acetic acid in the workshop.
The presence of two baths - for processing with vinegar and for rinsing with running water. Bathtubs should have measured marks - let's say 5l; 10l; 15l and so on.
ALL BATHROOMS IN ALL FACILITIES MUST BE EQUIPPED WITH FACTORY BATH CAP, WITH CHAINS.
Printed instructions for processing herbs and vegetables.
Instructions for dilution of acetic acid.
Instructions for the rules of work in the cold shop
Marked buckets (Paul H.Ts; Equipment H.Ts).
At the entrance to the shop there is a rubber mat sprinkled with a little chloramine.
On the sink for washing hands, a container with a solution of 0.2% chlorine or other type of disinfection
Hot shop - Marked tanks - G.P.; I Dishes; III dishes; Milk products. Cutting boards, knives - G.P.; Meat gastronomy.
The container with salt is closed with a lid, salt is signed.
Marked buckets (G.Ts floor; G.Ts equipment; Clean water).
On the sink for washing hands, a container with a solution of 0.2% chlorine or other type of disinfection
Washing compartment for kitchen utensils - two bathtubs are required, racks for drying tanks, baking sheets, boards, ladles and so on
Printed instructions for working in the kitchenware washer.

Marked bucket - Floor washing department.

ATTENTION - AT THE PRODUCTION SHOULD NOT BE FOAM SPONGE - ONLY RAG.

Washing compartment for tableware, glasses and cutlery - the presence of at least three baths, racks for drying dishes, glass.
Printed instructions for work in the washing department of tableware for manual and mechanical washing.
Instructions for breeding des. Funds
Marked bucket - Floor washing department, washing department equipment.

7. Workshop or Department for processing eggs - the presence of at least three tubs with nets for folding eggs.
Baths are marked by volume, and by diluted disinfectants
Container for a clean egg
A separate bathrobe is signed - for egg processing
Printed instructions for working in the egg processing workshop.
Instructions for breeding des. Funds
8. Refrigerators must be equipped with labeled buckets:
Milk chamber - refrigerator finished products
Meat chamber - refrigerator raw products.

Commodity proximity of products in the chambers is MANDATORY!!!

When checking at the factory, 10 washes and 2 dishes were taken for analysis.

WAREHOUSE, WAREHOUSE
I. Preparation of documents:

The presence of a control log of incoming raw materials - includes:
the date
Name of product
invoice number
The result of the organoleptic evaluation
Implementation deadline
Date of actual implementation
Signature.
2. Notebook for temperature control in refrigerating chambers in a warehouse - includes:
the date
Name of all cameras
Note
Painting.
3. Mandatory availability of certificates of conformity for all goods without exception in the warehouse.
4. Veterinary certificates for meat, fish products, sausages, poultry, eggs, offal. (for products of this category that are in stock)
5. The presence of labels on each product (bags, boxes, dried fruits in large and small packaging, and so on)
II. Room preparation:
1.Refrigerating chambers, warehouses of bulk products must be equipped with alcohol thermometers.
2. Refrigerators must be equipped with labeled buckets:
Milk chamber - for washing the refrigerator finished products
Meat chamber - for washing the refrigerator raw products.
3. Warehouses are clean, all goods are on racks, on pallets.
4. Particular attention to the terms of implementation in the warehouse should not be expired goods.

At the warehouse, milk and cheese were taken for analysis.

The check passed, we can say that it was normal (they cost a little blood). We received a fine for the fact that at the time of the check there were no certificates for some products in the warehouse, even receiving certificates within 30 minutes by fax did not save.

The article did not touch upon the topic of calculation and pricing, please note that the price in the calculation coincides with the price of the dishes in the posted menu in the hall.
I really hope that this article will help you in preparing for the test.
If you liked the article and found it useful for you, leave your comments.
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See you soon.

Rospotrebnadzor check.: 46 comments

Danila
Thank you very much!!! The article is very informative, I hope it will help with the January check. Happy New Year! Wish you all the best!
Tatyana
I'm glad I got the information, accidentally popped into this message. Thanks
jenica
Thank you girls for detailed information.Waiting for verification 04/05/2016. Scary. After all, they will still find something to complain about. It will be easier to prepare with your article.
Love
very useful detailed, specific, necessary information - many thanks! God bless everything goes well...
Andrei
Kind!
Thanks for the detailed audit report.
A very good cheat sheet.
Boris
Thank you! Tell me, please, is it necessary to provide a manufacturer's passport with the refrigerator? I wanted to install a used camera for storage in a warehouse sausage products and I can not find detailed information on the requirements for the camera itself.
Kseniya
Please tell me if not when checking some certificates for the past years?
Nicholas
Very useful! Thanks to)
Ludmila
If there are products in the refrigerator, for example, milk, there is cabbage, there are no factory plugs on the sinks in the washing room, there are basins in the finished product workshop, there are no measuring containers for disinfectant solution, there are no thermometers for measuring water in washing bathtubs. What do you think the fine will be? This is IP
Elena
Thank you very much! All the most important! Let's get ready for the test!
Anna Kitaykina
Kind! Thanks for the detailed audit report. A very good cheat sheet.
Marina
Thanks for the info.
Tamara
Thanks for the help report!
Svetlana
Hello. I want to ask this question. I often go to the Sovremennik movie theater and always observe the same picture, namely: waiters deliver orders / menus / from one end of the cinema complex to the other, and they pass through the lobby, where in this time the cleaners wash the floors, wave rags, people in outerwear come in and out. Trays with plates and food are not covered with anything. Is it really possible? to deliver orders and "caps" on plates? Maybe someone will be interested in this?
Christina
Good afternoon, tell me how often freezers are defrosted (temperature -18) in warehouses, and if you know, please provide a link to the document.
Elena Alexandrovna
Good evening, I am a production chef, my diet sister constantly makes mistakes in those. cards, on her own writes grams as she wishes. He does not listen to me, if I say it wrong, he threatens with dismissal. The head of production does not understand, the correctness in this work is nothing and agrees with it in everything. Tell who to contact to put things in order in the kitchen of the hospital and that everything is correct according to the technological maps.
Irina
Hello, there was a check on the groats, all the tags were there, everything was in order with the deadlines, but the serfitikat was wrong for one groats, the groats were immediately destroyed, they contacted the company, it turned out they mixed up the documents, they did everything right, is there a fine?
Nick

Official state organization, which has the right to monitor compliance with the requirements of control and mandatory supervision of the fulfillment of consumer rights (Rospotrebnadzor) in terms of functionality is one of the oldest organizations in the country. A service with similar functions appeared in fact the first in the new Soviet state in 1922. Today, changing the names, Rospotrebnadzor has retained its official functional responsibilities in the field of control and supervision of the epidemiological well-being of all who live in cities and 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 bodies. 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 carry out only voluntary helper function and do not have the power to impose and collect fines for violations.

What does Rospotrebnadzor check? The scope of control of this Rospotrebnadzor includes food establishments, shops, the sanitary condition of territories, and more. The priority during inspections of their work becomes 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 points federal laws defining 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 is necessarily located on the official pages of the inspection 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 law, it is important to take into account and 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.

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

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 body of state control and supervision is unable 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 representatives of the inspection body came to ensure that only Rospotrebnadzor employees are present during its implementation. Not eligible to participate in the event third parties and police representatives.

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 state audit, consideration of the protocol is transferred to the court. As a rule, the decision is made by the magistrate's court, but situations can be more serious with the transfer of the case to court of Arbitration. In any case, a decision is made as a sanction to impose an administrative penalty on an individual or legal entity. 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 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.