It is not easy for organizations (entrepreneurs) to pass an inspection by Rospotrebnadzor without identifying any violations. However, provided you know your rights, the procedure for conducting inspections and their types, as well as the powers and responsibilities of the inspectors, such an event can take place with much less damage. Rospotrebnadzor is a federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field protection of consumer rights, development and approval of state sanitary and epidemiological rules and hygienic standards, as well as the organization and implementation of epidemiological surveillance and supervision in the field of consumer rights protection. According to the Regulations on Rospotrebnadzor (approved by Decree of the Government of the Russian Federation of June 30, 2004 N 322), it is endowed with quite extensive powers. Thus, Rospotrebnadzor carries out the prevention of infectious diseases, licensing of certain types of activities, protection of consumer rights, sanitary supervision, etc.
Almost any organization can be inspected by Rospotrebnadzor, but special attention is paid to legal entities and entrepreneurs who sell goods (work, services) to the public. Despite the fact that, according to the generally established rule, Rospotrebnadzor can carry out inspections only once every three years (scheduled inspection), these organizations (entrepreneurs) are inspected much more often (unscheduled inspection). In most cases, this is due to the fact that Rospotrebnadzor receives applications from citizens with complaints about violations of their rights and legitimate interests or sanitary and epidemiological rules.
When carrying out control activities, Rospotrebnadzor can check almost everything, so organizations (entrepreneurs) should maintain all the necessary documentation and comply with the relevant legal requirements from the moment of opening. If you leave this for later, then in the end it will be very difficult to put everything in order and pass the inspection without criticism or fines.
So, let's consider the types of inspections that Rospotrebnadzor conducts, the rights and obligations of its officials, as well as the violations they commit, on the basis of which the results of the inspection can be challenged.
Types of checks
The procedure for conducting inspections by Rospotrebnadzor is regulated by Federal Law No. 294-FZ dated December 26, 2008 (hereinafter referred to as Law No. 294-FZ) and the provisions of the Administrative Regulations approved by Order of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare dated July 16, 2012 No. 764.
According to Art. Art. 9 and 10 of Law N 294-FZ inspections are divided into scheduled and unscheduled.
Scheduled inspection carried out by Rospotrebnadzor no more than once every three years in relation to one legal entity or one entrepreneur on the basis of an approved annual inspection plan. In this case, the plan for conducting inspections in relation to a legal entity operating in the territories of several constituent entities of the Russian Federation is established separately for each branch or representative office located in the corresponding constituent entity of the Russian Federation.
The basis for conducting a scheduled inspection of an organization or merchant is the expiration of three years from the date of:
— state registration;
— completion of the last scheduled inspection;
— start of business in accordance with the notification submitted to Rospotrebnadzor about the beginning of certain types of business activities (notification must be submitted by persons who intend to perform work (provide services) specified in Appendix No. 1 to the Rules, approved by Decree of the Government of the Russian Federation dated July 16, 2009 N 584).
This List is closed, and Rospotrebnadzor does not have the right to conduct scheduled inspections for reasons not specified in it.
It is worth noting that scheduled inspections of legal entities (entrepreneurs) carrying out activities in the field of healthcare, education, and the social sphere can be carried out twice or more within three years. The list of such types of activities and the frequency of their scheduled inspections are approved by Decree of the Government of the Russian Federation of November 23, 2009 N 944. For example, organizations (businessmen) according to this List operating children's camps during the holidays are inspected once before the start of the holidays and then no more than once per shift.
The inspection plan is approved annually. Rospotrebnadzor must bring this plan to the attention of interested parties by posting it on the Internet or in any other accessible way.
Thus, the inspection plan for 2014 can be found on the Rospotrebnadzor website http://inspect.rospotrebnadzor.ru/2014 or on the website of the Prosecutor General's Office of the Russian Federation.
Also, according to the press release dated July 1, 2014, posted on the Rospotrebnadzor website, the inspection plan for 2015 will be published on the Internet by December 31, 2014.
Rospotrebnadzor is obliged to notify the organization (merchant) of a scheduled inspection no later than three working days before its start, even despite the existence of a plan in the public domain. As a notification, a copy of the order of the head (deputy head) of the Rospotrebnadzor body to begin the inspection is sent to the inspected person (standard form approved by Order of the Ministry of Economic Development of Russia dated April 30, 2009 N 141) by registered mail with return receipt requested or in any other available way. Violation of this deadline is recognized as a gross violation of the requirements for organizing and conducting inspections and can lead to the cancellation of the inspection results at the request of the person being inspected (Article 20 of Law No. 294-FZ).
Unscheduled inspection most often carried out due to complaints received by Rospotrebnadzor from citizens about violation of their consumer rights. However, this is not the only reason for conducting such a check. So, in paragraph 2 of Art. 10 of Law No. 294-FZ specifies the following reasons:
— expiration of the deadline for the organization (entrepreneur) to fulfill a previously issued order to eliminate the identified violation;
— Rospotrebnadzor receives information about the emergence of a threat or harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the threat of natural and man-made emergency situations;
— Order (instruction) of the head of Rospotrebnadzor, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.
If an unscheduled inspection is carried out on any other grounds, then this is a violation that entails the cancellation of the inspection results at the request of the person being inspected. In addition, for such a violation, the guilty employees of Rospotrebnadzor may be held accountable.
Rospotrebnadzor is obliged to notify the person being inspected of an unscheduled inspection at least 24 hours before its start in any available way, but only if it is due to the expiration of the deadline for the execution of a previously issued order or an order from the head of the Rospotrebnadzor body, issued in accordance with the instructions of the President of the Russian Federation, the Government RF. If this requirement is violated, the person being inspected may submit an application, on the basis of which the results of the inspection will be canceled.
In other cases (violation of consumer rights, harm to life), an unscheduled inspection may be carried out without warning. However, before the immediate start of the relevant activities, Rospotrebnadzor employees must present to the person being inspected a copy of the order (order) to begin the inspection.
Since Rospotrebnadzor employees must present the person being inspected with an order (order) to begin an inspection, you should know what it should contain. The document states:
— name of the state control (supervision) body or municipal control body;
- FULL NAME. and the positions of persons 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. the entrepreneur whose inspection is being carried out, the location of the organization (its branches, representative offices, separate structural divisions) or the place of residence of the entrepreneur, as well as the place where they actually carry out their activities;
— 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;
— a list of administrative regulations for the implementation of state control (supervision), the implementation of municipal control;
— a list of documents, the submission of which by the company (businessman) is necessary to achieve the goals and objectives of the audit;
— start and end dates of the inspection.
If the document lacks at least one of the above points, then the person being inspected has the right to refuse to comply with the requirements of the controllers until all the necessary information is included in the order. The person being inspected may also refuse to comply with the requirements if Rospotrebnadzor employees did not present him with an order to begin the inspection.
The inspection can be carried out only by the official (persons) indicated in the order (order) to carry out the control measure.
In addition, the order specifies the form of the inspection to be carried out. The decision on the form of inspection is made by the head of the Rospotrebnadzor body. It can be either documentary or visiting.
Documentary
During document control, inspectors check the documents of the organization (entrepreneur). Such an inspection is carried out at the location of the Rospotrebnadzor body.
The subject of the documentary check is:
— information contained in the documents of the company (businessman), establishing its organizational and legal form, rights and obligations;
- documents used in the implementation of activities by legal entities (merchants) and related to their fulfillment of established requirements, instructions and resolutions of control authorities.
Rospotrebnadzor must first review the documents of those being inspected that it has at its disposal. These, for example, include notifications about the start of certain types of business activities, reports of previous inspections, materials from consideration of cases of administrative offenses, etc. If the information in these documents raises doubts or does not allow one to assess the fulfillment of mandatory requirements in the field of sanitary and epidemiological welfare of the population, consumer protection, and the consumer market, then the inspector conducting the inspection has the right to request other documents from the person being inspected. To do this, a motivated request is sent to the organization (entrepreneur), to which a copy of the order (order) to begin the inspection must be attached.
Inspectors may require the following documents:
— lease agreement or certificate of ownership of the premises;
— medical books with notes on passing a medical examination;
— orders on the appointment of responsible officials;
- agreements with organizations that carry out disinfection, disinfestation, deratization of premises, as well as waste removal, a log of sanitary inspections, etc.
Please note that requirements for the availability of certain documents may vary in different regions.
Documents in the form of copies, certified by a seal (if any) and the signature of the head of the organization (other authorized official), individual entrepreneur, must be sent to the Rospotrebnadzor body within 10 working days from the date of receipt of the request.
For failure to submit documents, a fine of 100 to 300 rubles may be imposed. — for citizens; from 300 to 500 rub. - for officials; from three to five thousand rubles - for legal entities (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).
It is worth noting that Rospotrebnadzor employees, when conducting a documentary check, do not have the right to:
— demand from the person being inspected information and documents not related to the subject of the inspection;
— require notarization of copies of documents, if this is not provided for by the legislation of the Russian Federation;
— demand information and documents that can be obtained from other state control (supervision) bodies and municipal control bodies.
If during this inspection inspectors identify errors (contradictions) in the submitted documents or inconsistencies in information, they have the right to send information about this to the inspected person and demand that the necessary explanations be provided in writing. Explanations must be sent to Rospotrebnadzor within 10 working days from receipt of the request. In this case, the person being checked, along with explanations, has the right to submit additional documents confirming the accuracy of the previously submitted documents.
If, after reviewing the explanations and documents, or in the absence of explanations, inspectors identify violations, then they have the right to conduct an on-site inspection.
What documents does Rospotrebnadzor check? This question is asked by every enterprise to which the department has come for an inspection. We will tell you in this article what Rospotrebnadzor checks and what documents it has the right to request.
What does Rospotrebnadzor check?
Rospotrebnadzor is an organization dealing with control and supervision in the field of consumer rights protection and the sanitary and epidemiological situation.
The fundamental documents devoted to its work are:
- Decree of the Government of the Russian Federation “Issues of the Federal Service for Supervision in the Sphere of Protection of Consumer Rights and Human Welfare” dated April 6, 2004 No. 154.
- Decree of the Government of the Russian Federation “On approval of the Regulations on the Federal Service for Supervision in the Sphere of Protection of Consumer Rights and Human Welfare” dated June 30, 2004 No. 322.
Functions performed by Rospotrebnadzor:
- production, storage, sale of food products;
- teaching and raising children;
- performing laboratory tests.
Types of checks
The procedure for conducting Rospotrebnadzor inspections is regulated by the following regulations:
- Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” dated December 26, 2008 No. 294-FZ.
- Order of Rospotrebnadzor “On approval of the Administrative Regulations for the execution of state functions by the Federal Service for Supervision of the Protection of Consumer Rights and Human Welfare...” dated July 16, 2012 No. 764.
Based on Art. 9, 10 Federal Law No. 294-FZ, inspections that this body can initiate are divided into 2 types: - Planned ones, which can be carried out no more than once every 3 years in relation to the same enterprise (organization, other person) on the basis of an approved plan. A different periodicity may be established by a decree of the Government of the Russian Federation. The inspection plan is publicly available on the Rospotrebnadzor website.
For more information about what Rospotrebnadzor checks in this case, see the article “What does Rospotrebnadzor check during a routine inspection?” .
- Unscheduled inspections, as a rule, are carried out on the basis of complaints received from consumers, as well as from government bodies, after receiving signals about low-quality products and, as a consequence, mass poisonings and diseases. Also, such an event can be carried out to monitor the implementation of previously issued orders to eliminate identified violations.
Documents for inspection by Rospotrebnadzor
When checking with an organization or individual entrepreneur, the following must be completed:
- Signboard in accordance with the necessary requirements (can be established by regional legislation, for example, Decree of the Moscow Government dated December 25, 2013 No. 902-PP, or by a local act of the enterprise).
- Consumer or patient corner.
- Price tags for products, correctly formatted and filled out.
- Price list for goods, products or services, duly completed.
- Information about suppliers or manufacturers, located in an accessible place, or the ability to quickly access this data.
In addition, you must prepare the following list of documents:
- A lease agreement or a certificate of ownership or other document confirming the right to use the premises in which the population is served.
- Agreements with enterprises engaged in disinfection, deratization, disinfestation, as well as waste and garbage removal.
- Logbook of sanitary inspections.
- Medical records of employees with notes on passing a medical examination.
- Expert opinions on goods, certificates or opinions on their quality.
- If necessary, a license or certificate of accreditation obtained to carry out special types of activities.
- Constituent documents of the enterprise with all the latest changes.
- A properly documented production control program.
- For medical institutions, it is necessary to present a contract for washing workwear.
This list of documentation is not exhaustive. If necessary, it can be significantly expanded or reduced. You can learn about all the documents that will need to be presented to Rospotrebnadzor employees directly from them or from an official request sent in connection with the inspection.
Certain industries: special requirements for documents
The list of documents that must be provided to Rospotrebnadzor specialists is specified and supplemented by industry laws and regulations.
For example, special regulations oblige you to have and provide upon request to Rospotrebnadzor:
- in the field of alcohol sales - accompanying documents for alcoholic products (clause 3.2.2.2 of the “Guidelines for the control and supervision of the safety and quality of alcoholic and wine products...” R 1.2.2099-06, approved by the chief state sanitary doctor of the Russian Federation on 08.08.2006);
- in the medical field - certificates confirming the compliance of equipment and consumables with legal requirements (clause 8.9.2 of SanPiN 2.1.3.2630-10).
What does Rospotrebnadzor have the right (or not the right) to check?
In addition to checking the above documents, this office has the right to check the following:
- The entire area of the organization with its adjacent territories:
- on the proportionality of the total area of the premises used, with the measurement of the width and height of doorways and window blocks;
- for mandatory compliance of inspected areas and territories with sanitary standards;
- for sufficient lighting.
- The quality of the goods (services) presented, namely:
- expiration date;
- packaging integrity;
- standards of services provided to consumers.
The powers of Rospotrebnadzor are not unlimited, and its employees are not entitled to perform the following actions:
- Verify compliance with requirements assigned by other bodies that are not within the competence of Rospotrebnadzor.
- Conduct a routine inspection of the organization without the presence of its representatives. The only exception will be the case when these actions are performed when there is a threat to life, public health, or nature.
- Seize original documents that are not related to the subject of the control measure.
- Require the provision of papers or samples not related to the inspection.
- Exceed the permissible established inspection periods.
- Select materials (samples) for research in violation of established standards.
- Request samples of goods (products) for research without recording the relevant information in the documentation.
- Disclose information obtained as a result of supervision and control measures that constitutes a secret protected by law.
When conducting an inspection of an enterprise, Rospotrebnadzor may need a significant list of documents. The required minimum is listed in this article, but please note that in some circumstances it may increase or decrease significantly. In any case, it is permissible to clarify the need to provide any papers with the employees themselves conducting the verification activities.
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, when they come 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 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 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 for the sale of certain (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 during the procurement of these products for state needs, as well as during the supply (stocking) of 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 government bodies, local governments, on issues falling 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 someone 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 activities in the field of alcohol products turnover. 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 retail trade sector is required to have the full text of the current SanPiN for its type of activity. If we are talking about the sale of food products or the provision of catering services, then most often the subject of close attention of inspectors is the expiration dates of products, compliance with product proximity, compliance with temperature conditions for storing products, and 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 the 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 receipt, which is attached to the 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 the moment when you are once 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 substantive law, including their incorrect application, application of ineffective regulations, etc.
Please note that different 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 Chapter 30 of the Code of Administrative Offenses of the Russian Federation.
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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 provisions 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 (finished products are stored together with semi-finished products in the refrigerator of a catering establishment);
- food is processed in an inappropriate manner (dirty tools are used when preparing dishes);
- the retail outlet sells food products with damaged packaging (opened packages of dairy and other products);
- transportation of products from the warehouse to the retail outlet is carried out without observing temperature conditions;
- utensils used for storing food and prepared dishes do not meet sanitary standards;
- the technical condition of the refrigeration equipment does not provide the necessary conditions for storing food;
- 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; employees 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 shown 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 the organization’s statutory and permitting documents, licenses, contracts with suppliers and contractors, and employment 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 directly inspect the sales area to verify 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 ⇒.
The official government organization that has the right to monitor compliance with the requirements of control and mandatory supervision of the implementation of consumer rights (Rospotrebnadzor) is functionally one of the oldest organizations in the country. A service with similar functions was actually the first to appear in the new Soviet state in 1922. Today, by changing the names, Rospotrebnadzor has retained its official functional responsibilities in the field of control and supervision of the epidemiological well-being of everyone living in the cities and towns of our country. The tasks of this structure also include protecting the official rights of buyers and recipients of services in the consumer market.
Directorates (divisions) of Rospotrebnadzor successfully operate in all populated areas of the state. Also, some 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 also has the right to be carried out 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 or collect fines for violations.
What does Rospotrebnadzor check? The scope of control of this Rospotrebnadzor includes food establishments, shops, sanitary conditions of territories and more. The priority when conducting inspections of their work becomes control and supervision of areas and areas of activity of enterprises whose activities pose the greatest potential danger to consumers.
Any work of inspectors and employees of Rospotrebnadzor is based on clauses of federal laws that determine what the consumer has the right 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, as part 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 inspected within their framework in advance. When conducting an audit outside the plan, the situation is not so calm for the structure being audited. Although in this situation it is quite easy to pass the test.
How to prepare for a Rospotrebnadzor inspection?
When conducting an inspection according to the plan, the government agency sends a detailed information letter in advance. How can you pass the Rospotrebnadzor inspection without dire consequences? An unscheduled inspection is less predictable, but a minimum set of mandatory documentation allows you to pass it successfully. Preparation for the inspection begins with documents. To complete the event, it is important to have at hand a list of documents for verification:
- mandatory documents of the constituent nature of the organization, such as the constituent agreement and the Charter;
- texts of sanitary rules regulating the activities of the organization being inspected;
- sanitary and epidemiological permit for the presented products, as a document that certifies the extent to which the products comply or do not comply with the declared standards.
All documents submitted for verification must be drawn up in accordance with applicable legal provisions. Since standards change quite often, considering the possible visit of inspectors and unscheduled inspections 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 potential changes in the list of products and activities that may be subject to supervision and control.
Scheduled inspection by Rospotrebnadzor and frequency of inspections
The planned inspections of various organizations provided for in the documents, including scheduled inspections of individual entrepreneurs and LLCs, are carried out no more than once every three years. In this case, the inspection organization is obliged to first send “reminder” information about its implementation in the form of a copy of the Order or Order.
Information about such activities is sent to the head of the organization by registered mail or official telegram. The period for carrying out the inspection according to the plan cannot be longer than three working days.
A complete list of inspected organizations and periods for performing 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 year ending for the next year no later than December 31.
Unscheduled inspection of Rospotrebnadzor
Unscheduled inspections are carried out at any frequency. Citizen complaints are enough to start them. The only reason for refusing to conduct them can only be the current audit of the organization included in the plan. When carrying out inspection actions outside the plan, the head of the organization being inspected has the right to demand receipt of an inspection report drawn up based on its results. The report must record the results of Rospotrebnadzor inspections. If the report is missing or has not been provided, the verification becomes invalid. The state control and supervision body is not able to monitor whether citizens' complaints are real or caused by competition in the market.
If, as part of an unscheduled inspection based on a complaint, a test purchase is carried out, 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. 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 violation detected, the fine can range from 5 minimum wages or more. The amount of the fine imposed and information about options for paying it are included in the protocols and resolutions recording the decisions of the inspection inspectors. If the heads of the inspected organizations disagree with the decision of the state inspection, consideration of the protocol is referred to the court. As a rule, the decision is made by a magistrate court, but situations can be more serious with the case referred to an arbitration court. In any case, as sanctions, a decision is made to impose an administrative penalty on an individual or legal entity. Depending on the violation, several decisions may be made on the violations identified.
How to avoid inspection by Rospotrebnadzor?
The easiest option to avoid inspection is an official reason for not receiving documents about the decision of the government agency. The most convenient reason may be the absence of a leader. The most radical option is to close the organization where the audit may be carried out. In some cases, this solution is convenient because it allows you to open an organization with a new name. After this, it is not subject to planned control and supervision measures for three years. Although you won’t be able to “escape” an unscheduled inspection this way.
When a citizen receives a complaint to any department of Rospotrebnadzor, control and supervisory measures can be carried out literally on the day the new structure is created.