Trade rules for SP food and non-food products. New in trade law Trade rules changes
The legislation of our country is constantly undergoing changes, they do not bypass the rules of trade. Learn more about what regulations must be followed when implementing entrepreneurial activity in the retail sector in 2017 - read our material.
important document for all firms and entrepreneurs engaged in retail trade is the Government Decree Russian Federation dated January 19, 1998 No. 55. This document is approved in accordance with the Law of the country "On the Protection of Consumer Rights", which means that the requirements of the Decree must be strictly followed. Changes are made to this document from time to time, which means that entrepreneurs must always be aware of the amendments and know the new editions of the text of the Resolution.
Trade rules are designed to regulate the relationship between sellers and buyers. For each type of food and non-food items sales requirements will be different. But there are general basic provisions that regulate the activities of all retailers in our country. As you know, control over the work of retail stores is carried out by various structures - the Office of Rosportebnadzor, the State Fire Supervision, the tax department and others. If violations of one or another retail trade rule are found, a legal entity may be held administratively liable, and in the worst case, even criminally liable. For example, for non-compliance with sanitary rules and hygiene standards, an entrepreneur faces a fine of 500 rubles, and a company - from 10 thousand rubles; if the store violates sanitary and hygienic requirements for food products, then a businessman can be fined up to 3,000 rubles, and a company - up to 30,000.
Each entrepreneur carrying out activities in the field of retail trade should familiarize himself with GOST R 51304-2009. The document establishes the types of trade services, general requirements for the quality of services, safety requirements for services provided in the field of trade.
In general, when carrying out retail trade in goods, the following must be carried out:
Sanitary rules. Their observance is prerequisite entrepreneurial activity in the field of trade. They regulate the location of trade enterprises, their layout, technical arrangement (sewerage, ventilation, heating, lighting), working conditions for sellers, storage of goods, sale of food products and many other aspects. It is especially necessary to note stores that trade in food raw materials and food products - they are subject to special, more “strict” requirements in accordance with the sanitary and epidemiological rules SP 2.3.6.1066-01. They are approved by the Federal Center for State Sanitary and Epidemiological Surveillance of the Ministry of Health of Russia.
rules fire safety. When trading in retail stores, sellers are required to know and comply with the Fire Safety Instructions. These include requirements for the maintenance of the adjacent territory and retail premises, primary funds fire extinguishing at the enterprise, rules for the operation of electrical equipment, as well as the duties and actions of employees in case of fire and other standards.
There are additional requirements for businesses in retail sales. For example, all equipment and machinery in the store must have certificates of conformity, and the company itself must have convenient car entrances and footpaths. Also, attention should be paid to people with limited mobility and people with disabilities - they should be able to easily get into your store. To do this, it is necessary to equip ramps or comfortable stairs.
It should be remembered that the main task for enterprises in the implementation of retail sales, it is to ensure the safety of life and the preservation of the health of consumers. Therefore, an individual entrepreneur or organization, regardless of the organizational and legal form, when carrying out the retail sale of goods, must strictly comply with the requirements established in regulatory legal acts, documents, state standards and rules of the Russian Federation.
Selling Rules certain types goods, approved by the Decree of the Government of the Russian Federation, quite clearly regulate the organization of work in retail store. And first important aspect in this vein is information that in without fail must "tell" retailers to their customers. For ease of reference, all basic documentation can be placed in a special "Customer's Corner" or on an information stand, since the data should be freely available to every visitor to your store.
Each buyer should be familiar with the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of 19.01.98 No. 55.
A book of reviews and suggestions must also be in your store that sells retail sales, and be provided to the buyer at the first request.
The basic rules of retail trade oblige entrepreneurs to communicate to consumers the corporate name of the organization, the legal form, as well as the address, the mode of operation - all this information must be presented on the sign of the store. In the corner of the buyer there must be documentation confirming the state registration of the store.
If the activity of your enterprise must be licensed, then the license, as well as information about the body that issued it, must also be brought to the attention of buyers of goods.
In an accessible place, it is also necessary to hang the telephone numbers of the authorities controlling the activities of the retailer, and information on the procedure for returning goods.
Also, for buyers of goods, information such as the surname and initials of sellers (shop employees must have badges), as well as indicators of the location of departments in the store, should be available. This is necessary for the convenience of visitors and will help “speed up” the process of selling various goods.
According to the basic rules of the sale, all goods in the store must be provided with price tags - they must be uniformly designed, the cost of goods on the price tag must be clearly visible. It must also indicate the exact name of the product, weight, stamp of the organization that sells, and the date when the price tag was issued.
As you know, retailers must provide their customers with the necessary conditions so that they can choose the right product. That is why the sale rules provide for a number of requirements for providing information about goods.
Reliable information about the product should be brought to the attention of consumers: its correct and full name, information about the manufacturer, documents confirming the compliance of the product with quality standards, data on consumer properties of the product, rules for its use, warranty period and shelf life. Also mandatory information is the price of the goods. The consumer must be provided with information about the defects of the goods if they were in use or were repaired.
RESOLUTION OF THE COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS
On approval of the Rules for the sale of certain types of goods and the implementation Catering and Regulations on the procedure for the development and approval of the assortment list of goods
Changes and additions:
Decree of the Council of Ministers of the Republic of Belarus dated May 8, 2015 No. 393 (National Legal Internet Portal of the Republic of Belarus, 05/13/2015, 5/40518)
Decree of the Council of Ministers of the Republic of Belarus of October 17, 2016 No. 828 (National Legal Internet Portal of the Republic of Belarus, 20.10.2016, 5/42773)
Decree of the Council of Ministers of the Republic of Belarus of October 17, 2016 No. 828 (National Legal Internet Portal of the Republic of Belarus, 20.10.2016, 5/42773)
Decree of the Council of Ministers of the Republic of Belarus of October 17, 2016 No. 828 (National Legal Internet Portal of the Republic of Belarus, 20.10.2016, 5/42773)
Decree of the Council of Ministers of the Republic of Belarus of November 14, 2018 No. 824 (National Legal Internet Portal of the Republic of Belarus, November 20, 2018, 5/45818)
Decree of the Council of Ministers of the Republic of Belarus dated May 10, 2019 No. 287 (National Legal Internet Portal of the Republic of Belarus, 05/14/2019, 5/46425)
In accordance with the third paragraph of paragraph 1 of Article 35 of the Law of the Republic of Belarus dated January 8, 2014 "On state regulation trade and public catering in the Republic of Belarus” The Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the attached:
Rules for the sale of certain types of goods and the implementation of public catering;
Regulations on the procedure for the development and approval of the assortment list of goods.
2. Legal entities and individual entrepreneurs that have not sold, as of the date of entry into force of this Resolution, confectionery products, beer, on the consumer packaging of which the manufacturer has not applied in a clear and legible font the information for the buyer provided for by technical regulatory legal acts in Belarusian or Russian in a technological way that provides its safety and hardness to remove during the entire shelf life, the right to sell the specified confectionery and beer before the expiration of their shelf life.
3. Grant the right to the Ministry of Antimonopoly Regulation and Trade to give clarifications on the procedure for applying the Rules for the sale of certain types of goods and public catering and the Regulations on the procedure for developing and approving an assortment list of goods.
4. Recognize as invalid the resolutions of the Council of Ministers of the Republic of Belarus in accordance with the appendix.
5. This resolution comes into force after its official publication.
REGULATIONS
sale of certain types of goods and catering
CHAPTER 1
GENERAL PROVISIONS
1. These Rules govern the relationship between buyers and sellers in the sale of certain types of goods (with the exception of medicines), catering.
2. For the purposes of these Rules, the terms and their definitions are applied in the meanings established by the laws of the Republic of Belarus dated January 9, 2002 "On Protection of Consumer Rights" (National Register of Legal Acts of the Republic of Belarus, 2002, No. 10, 2/839; 2008 ., No. 170, 2/1463) and of January 8, 2014 “On State Regulation of Trade and Public Catering in the Republic of Belarus” (National Legal Internet Portal of the Republic of Belarus, 21.01.2014, 2/2126), as well as the following terms and their definitions:
showcase - a part of commercial equipment, the outside of a capital structure (building, structure), used to demonstrate goods, public catering products;
kiosk - a non-stationary trading facility, which is a closed-type structure that does not have a trading floor. The kiosk can be located in a permanent structure (building, structure);
pavilion - a non-stationary trading facility, which is a closed-type structure with a trading floor. The pavilion can be located in a permanent structure (building, structure);
a tent is a non-stationary trade facility, which is a temporary collapsible structure. The tent may have an entrance for buyers;
buyer - individual who intends to purchase or is acquiring goods, catering products from the seller for personal, family, home and other similar use not related to business activities;
seller - a legal entity, an individual entrepreneur engaged in retail trade, public catering;
seller's employee - an individual involved in the sale of goods and customer service by a legal entity, an individual entrepreneur on the basis of employment contract(contract) or civil law contract, or an individual entrepreneur serving buyers personally;
discount - reduction by the seller of the retail price of goods, catering products established by him;
technically complex household goods - goods used for household purposes, which are inherent in the consumption, production, transformation or transfer of various types of energy, including muscle strength, characterized by one or a combination of household functions;
commodity department (section) - part retail space a store, a pavilion where goods are sold that are connected by a common demand and satisfy the individual needs of the population;
sales receipt - a document confirming the fact of the purchase of goods, which indicates information about the seller and goods;
product label (label) - a carrier of information about the goods and their manufacturers, located on the goods themselves, leaflets or labels attached or attached to the goods;
commercial equipment - items and means (furniture, devices, mechanisms) for placement, packaging, storage, movement, demonstration of goods, public catering products, as well as customer service;
services related to the sale of goods - services to assist customers in making a purchase (arranging the delivery of goods, packing goods, picking gift sets, overlocking carpet products, cutting fabrics and hemming curtains, minor alteration of garments, tinting paint and varnish materials, cutting glass, cutting of fibreboard, installation of batteries, organization of after-sales service and other similar services), services to create additional convenience for customers when making a purchase (organization and maintenance of recreation areas, provision of mother and child room services, sale of food products with organization of consumption on the spot and other similar services), other services related to the sale of goods;
price tag - a paper or other information carrier visually accessible to buyers, including with electronic display of information, using slate boards, stands, light boards, used as a means of bringing information to customers about goods, catering products and their prices.
3. The procedure and conditions for the sale of goods, the implementation of public catering are established by sellers independently, unless otherwise specified by these Rules and (or) legislative acts.
The seller is obliged to comply with consumer protection legislation, general fire safety requirements, sanitary and epidemiological requirements, security requirements environment, requirements in the field of veterinary medicine, requirements of the technical regulations of the Republic of Belarus, the Customs Union and the Eurasian economic union, other mandatory requirements of technical regulatory legal acts, rules for the use of measuring instruments, including the obligation to use verified and serviceable measuring instruments.
4. Sellers independently establish the mode of operation of their retail trade facilities, public catering facilities, the mode of operation without (outside) trade facilities without agreement with local executive and administrative bodies, other state bodies and ensure its observance.
The exception is the operating hours of such facilities after 23.00 and until 07.00, which is subject to agreement with the city, district executive committee, local administration in Minsk.
If it is necessary to temporarily suspend the operation of a retail facility, a public catering facility for repairs, scheduled sanitary days, and in other cases, the seller, prior to the scheduled events, informs buyers about this by placing an announcement indicating the reasons and period for suspending the operation of a retail facility, a public facility. nutrition.
5. Buyers are served in accordance with the established operating hours of retail facilities, catering facilities, sellers engaged in retail trade without (outside) retail facilities.
It is forbidden to stop the access of buyers to the trading floor due to the approaching closing time of the seller. 10 minutes before the end of the working time, the seller can warn the buyers that the working time is ending.
The entrance of buyers to public catering facilities may be terminated 30 minutes before their closing due to the end of the seller's working hours.
All customers who are in a shopping facility, a public catering facility at the time of the end of their work must be served.
The work of cash registers, totalizing cash registers, software cash desks of the seller is terminated upon completion of settlements with the last buyer.
6. Trade facilities, public catering facilities may provide additional services related to the sale of goods, public catering. At the same time, the provision of such services should not lead to a deterioration in the quality of customer service.
7. The seller is obliged to bring to the attention of buyers on a sign and (or) an information plate located on all doors intended for the entrance of buyers, or on the facade of a capital structure (building, structure) in which a trading facility, catering facility is located, in another accessible to familiarize buyers with the place, its name (company name), and if the seller is an individual entrepreneur - last name, first name, patronymic (if any), name of the trading facility, public catering facility (if any), type of public catering facility ( if available), mode of operation.
It is not required to design a sign or an information plate in the procurement facilities (workshops) of public catering.
The seller is also obliged to bring to the attention of buyers in another accessible way, accepted in trade, public catering:
information about the location of the book of comments and suggestions;
information about the special permit (license) number, state body or state organization those who issued this special permit (license) (if the type of activity being carried out is subject to licensing);
information about the location of the seller;
if the seller is an individual entrepreneur - in addition to the information specified in paragraphs two and three of this part, also information about his state registration and the name of the body that carried out his state registration as an individual entrepreneur, place of residence.
When carrying out delivery and peddling trade, trade in markets, fairs, as well as other forms of retail trade carried out without (outside) trade facilities, the information specified in this paragraph must be brought to the attention of buyers in any place accessible for familiarization of buyers.
The information specified in this paragraph must be brought to the attention of buyers in the Belarusian and (or) Russian languages (with the exception of trademarks).
8. The seller's employee must have a badge indicating his own name and position. At the seller's discretion badge the surname and (or) patronymic (if any) of the seller's employee is also indicated.
9. In the showcases of trade facilities, samples of only those goods that are on sale, as well as compositional design elements that are inventory or materials, are exhibited. Samples of goods in the showcase are sold at the discretion of the seller after checking their quality.
It is forbidden to display samples of alcoholic beverages in showcases, which can be viewed from outside the shopping facilities.
10. The seller is obliged to promptly bring to the attention of buyers the necessary and reliable information about the goods, public catering products, services provided related to the sale of goods, public catering.
The information must contain:
name of goods, public catering products;
an indication of regulatory documents that establish requirements for the quality of goods (for goods manufactured under such regulatory documents), unless otherwise provided by the technical regulations of the Customs Union, the Eurasian Economic Union;
information about the main consumer properties of goods, public catering products, and in relation to food products - about the composition, nutritional value (for products intended for children's, medical and dietary nutrition - calorie content, the presence of vitamins), an indication that the food product is genetically modified, if it contains genetically modified components (components), information about special properties (special nutritional properties, indications and contraindications for use by certain age groups of the population, as well as for certain types of diseases) of food products, including biologically active additives to food, the declared properties of specialized food products in the presence of documents confirming the declared properties;
the price and terms of payment for goods, catering products, if these terms differ from normal conditions payment for relevant goods, public catering products;
warranty period, if any;
recommendations and (or) restrictions on the use, including preparation, of food products in the event that their use without these recommendations and (or) restrictions is difficult or may cause harm to the health of buyers, their property, lead to a decrease or loss of the taste properties of food products ;
the date of manufacture, unless otherwise provided by law, the technical regulations of the Customs Union, the Eurasian Economic Union, as well as the service life, and (or) shelf life, and (or) shelf life of goods, public catering products, established in accordance with the law, an indication of the conditions storage of goods, public catering products, if they differ from the usual storage conditions for the relevant goods, public catering products, or require special conditions storage, as well as information about the necessary actions of buyers after the specified periods and possible consequences if such actions are not taken, if the goods, catering products after the specified periods pose a danger to life, health, heredity, property of buyers and the environment or become unsuitable for use by appointment;
name (company name), location of the manufacturer, as well as, if available, an organization carrying out activities for the import of goods into the territory of the Republic of Belarus for their subsequent sale in the territory of the Republic of Belarus, a representative, a repair organization; if the manufacturer (representative, repair organization) is an individual entrepreneur or the importation of goods into the territory of the Republic of Belarus for their subsequent sale in the territory of the Republic of Belarus was carried out by an individual entrepreneur, - the surname, first name, patronymic (if any) and the place of residence of the individual entrepreneur;
the country of origin of the goods, if it does not coincide with the location (place of residence) of the manufacturer;
information on mandatory confirmation of conformity of goods subject to mandatory confirmation of conformity;
quantity (mass, volume, length, area) or completeness of goods;
dashed identification code if the mandatory marking of goods with such a code is provided for by law;
information on energy efficiency classes of goods in cases where their establishment is provided for by law, technical regulations of the Customs Union, the Eurasian Economic Union;
necessary information about the rules and conditions for the effective and safe use of goods, including care for them, if this is important based on the nature of the goods;
information on the services provided related to the sale of goods, the implementation of public catering, tariffs for them and the conditions for their provision;
other information that, in accordance with the law, the technical regulations of the Customs Union, the Eurasian Economic Union or the relevant agreements, are required to be provided to buyers, including information related to the relevant agreement and provided at the request of buyers.
If the goods purchased by the buyers were in use, have a defect (s) or the defect (s) was eliminated in them, the buyers must be provided with information about this. In the case of the purchase of such goods, the specified information must be reflected in the sales receipt.
When selling goods confiscated or otherwise converted to state revenue, buyers must be provided with information that the goods are confiscated or otherwise converted to state revenue.
Goods packaged and packaged in consumer packaging not at the place of their manufacture, in addition to the information specified in part two of this clause, must contain information about the packer and packer.
When selling non-food products, the service life and (or) shelf life of which has expired, but the sale of which is permitted in the manner established by the Government of the Republic of Belarus, buyers must be provided with information about expired service and (or) the period of storage of goods, the date and number of permission for their further sale and the period during which the goods can be used.
Information products in the form of products of means mass media, printed publications, audiovisual works, phonograms, games, including games with an electronic display, computer games and programs on any type of media or in the form of information distributed through cultural events(hereinafter referred to as information products) must have an age category sign appropriated in the prescribed manner, except in cases where the presence of such a sign is optional in accordance with legislative acts.
11. The information specified in clause 10 of these Rules is brought to the attention of buyers in the Belarusian and (or) Russian languages in the documents attached to the goods, on consumer packaging, product labels (labels), price tags, on the menu, wine list, and in other ways adopted for certain types of goods, unless otherwise provided by international legal acts constituting the law of the Eurasian Economic Union.
Fantasy names (words) in the name of goods that do not characterize their purpose, consumer properties and use may be indicated in the language provided for in the labeling of goods by the manufacturer, provided that the name of the goods that determines their intended use is indicated in Belarusian and (or) Russian .
Trademark designations, as well as trade names and the location of the manufacturer of goods, may be indicated in the language of the country where the manufacturer is located in Latin letters and Arabic numerals subject to the indication of the name of the country of manufacture in Belarusian and (or) Russian.
12. Buyers are given the opportunity to familiarize themselves with the goods on their own or with the help of the seller, to demand a demonstration of their operation, unless this is excluded due to the nature of the goods and does not contradict these Rules.
13. The seller does not have the right to prevent the buyers from entering the trading floor with the buyer's things.
The seller may create appropriate conditions for the temporary placement of the buyer's items (shopping bags, packages, briefcases, and other similar items).
14. The selection of goods, catering products by buyers in bags, packages, briefcases, other similar items belonging to buyers is not performed.
Buyers have the right to select goods, catering products in baskets or carts for shopping, other similar means provided to buyers by the seller.
15. When serving buyers, measuring instruments must be located in such a way that buyers can see the process of weighing (measuring) goods.
In order for buyers to independently check the quantity of purchased goods, public catering products in stores, pavilions, appropriate measuring equipment with information on the possibility of its use by buyers independently (control scales, other means of measuring physical quantities) must be installed at a place accessible to buyers.
When selling goods packaged and packaged by the manufacturer with an indication of the weight on the package, their additional weighing is not performed by the seller.
16. In stores and pavilions, conditions must be created for the buyers to independently pack the goods they have purchased, or the seller must ensure that the goods are packaged. The place for packing goods should be located in such a way that customers can approach it with a shopping basket or cart.
17. When selling large-sized non-food products, as well as goods whose unit weight is 25 kilograms or more, the seller is obliged, at the request of the buyer, to ensure loading of such goods free of charge on vehicle the buyer in the place provided for by the trade and technological process for loading goods.
If the place for loading goods is not determined by the trade and technological process, the seller is obliged, at the request of the buyer, to ensure the loading of goods on the buyer’s vehicle located near the trading facility or in the seller’s parking lot free of charge.
18. The price of goods, public catering products, as well as other terms of the retail sale contract (hereinafter referred to as the contract) must be the same for all buyers, with the exception of cases where discounts are provided to certain categories of buyers, as well as when carrying out other activities aimed at promoting goods , catering products and attracting customers.
Information on the amount of discounts is brought to the attention of buyers as a percentage of the established price of goods, catering products or in absolute terms in banknotes on price tags, menus, or in other ways.
19. The price of goods, public catering products is indicated in Belarusian rubles, unless otherwise provided by legislative acts.
20. The seller is obliged to sell goods, public catering products to the buyer at the price indicated on the price tag (in the menu) for these goods, public catering products, except in cases of sale of goods, public catering products at a lower price.
21. The seller ensures the availability of price tags for goods indicating their name, grade (if any), quantity, price per unit of quantity of goods or unit of goods, country of manufacture of goods, unless otherwise provided by these Rules. At the discretion of the seller, other information may be indicated in the price tag.
22. When selling sewing, outerwear and underwear knitted, corsetry, hosiery and fur products, hats, shoes, haberdashery, printed materials, stationery, toys and games by self-service method, instead of the price tag, it is allowed to bring to the attention of buyers the information provided for in paragraph 21 of these Rules, on product labels (labels), consumer packaging, in other ways.
23. When placing food products in refrigeration equipment, selling goods in kiosks, tents, non-isolated trade facilities, car dealerships, using mobile retail outlets (vending machines, carts, trays, baskets, other devices), it is allowed to display a list of commercially available items instead of price tags. goods indicating the information provided for in paragraph 21 of these Rules.
24. When the seller completes sets of goods (set of goods), the price tag of the set of goods shall indicate the price for the set, including the price of all goods included in such a set, including the price of consumer packaging. Other information provided for by these Rules for each item of goods included in the set of goods must also be brought to the attention of buyers.
25. The contract is considered concluded in the proper form from the moment the buyer is issued a payment document confirming payment for goods, catering products, unless otherwise provided by law or the contract.
The contract can be concluded by agreement of the parties with the condition that the buyer accepts goods, public catering products within the period specified by this contract. The terms of such an agreement are determined by the seller.
26. The seller is obliged to transfer to the buyer goods of proper quality in consumer packaging, with the exception of goods that by their nature do not require packaging, in a certain set (set of goods) and completeness with documents and accessories related to the goods.
Goods not packed by the manufacturer in consumer packaging, which by their nature require packaging, are transferred to the buyer in packaged form without charging a fee for consumer packaging.
The type of consumer packaging is determined by the seller and must ensure the preservation of the quality and consumer properties of the goods.
27. The seller is not entitled to condition the sale of some goods, public catering products by the obligatory purchase of other goods, public catering products.
28. Offered by the seller paid services related to the sale of goods can only be provided with the consent of the buyer.
The buyer has the right to refuse such services, as well as require the seller to return the amounts paid for these services provided without his consent.
The exception is when the goods technical requirements cannot be assembled and (or) installed (connected) without the participation of relevant specialists.
29. Payment for goods, public catering products is made in the form of non-cash and (or) cash payments in established by law okay.
30. In the event of the return of goods, settlements with buyers are made in the same manner in which they were paid, unless otherwise established by agreement of the parties.
31. If the payment document confirming payment for non-food products does not contain the name of the goods, indicators characterizing the consumer properties of these goods, at the request of the buyer, the seller is obliged to transfer to the buyer, simultaneously with the goods, a sales receipt, which indicates this information.
32. The correctness of the calculation for the purchased goods, catering products, buyers check at the venue.
33.1. to minors under the age of 18 years of alcoholic and low-alcohol drinks (with a volume fraction of ethyl alcohol not more than 7 percent), beer, tobacco products, liquids for electronic smoking systems, playing cards, products structurally similar to pneumatic and throwing weapons (pneumatic pistols, revolvers and rifles, bows and crossbows, excluding toys); erotic products, products containing elements of eroticism, violence and cruelty, products on sexual education and sex education - to minors who have not reached the age category of children, among whom distribution of such products is allowed; minors under the age of 16 - household pyrotechnic products; minors under the age of 15 - also matches, lighters, pesticides, flammable liquids;
33.2. goods that are not tobacco products, electronic smoking systems, systems for tobacco consumption, produced as an imitation of the appearance of tobacco products and (or) using the names of types of tobacco products in the names (additional names) of such goods;
33.3. tobacco products, electronic smoking systems, liquids for electronic smoking systems, systems for the consumption of tobacco, alcoholic beverages, poppy seeds, beer, low alcohol drinks, erotic products, products containing elements of eroticism, violence and cruelty, sexual products, products for sexual education and sexual education, fishing nets and other tools for the extraction of fish or other aquatic animals made using net materials, information products, biologically active food additives used to enrich human food, in the places, forms and cases provided for by legislative acts.
34. Information about the prohibition of the sale of certain goods to minors is posted at the points of sale of these goods. In the event of a dispute, the buyer is obliged to present a document containing a photograph confirming his age.
35. When selling goods using mobile peddlers (vending machines, carts, trays, baskets, other devices) or without them, it is prohibited to sell plant protection products, technically sophisticated household goods, copies of audiovisual works, computer programs and phonograms, clothing made from natural fur and leather, as well as food products, with the exception of:
ice cream;
soft drinks, tea, coffee, juice products, including bottling;
confectionery and bakery products, dry potato products and breakfasts, culinary products;
fresh vegetables, fruits and gourds;
live fish.
It is allowed to carry out a peddling trade in food products in the carriages of trains of international, interregional lines and regional business class lines, subject to the conditions established by law for their storage and sale.
36. The rules for the sale of goods in the course of retail trade in a certain form, approved by the Council of Ministers of the Republic of Belarus, may establish additional requirements for the sale of certain types of goods.
CHAPTER 2
FEATURES OF PUBLIC CATERING
37. When catering, the seller independently determines the rules for the behavior of buyers in catering facilities that do not contradict the law.
38. Registration of preliminary orders for customer service in catering facilities is carried out in the manner approved by the Ministry of Antimonopoly Regulation and Trade.
39. Information about catering products, goods, services related to catering, discounts may be brought to the attention of buyers through menus, wine lists, price tags, and in other ways.
40. At the request of the buyer, the seller is obliged to provide information on the composition of catering products and how they are processed.
41. The wine list indicates the name of alcoholic beverages, the country of their manufacture, the capacity of consumer packaging and their price, the volume and price of a serving, and other information at the discretion of the seller.
42. If there is a menu, a wine list, additional registration of price tags is not required.
43. The price of champagne and sparkling wines is indicated per bottle, portioning is at the discretion of the seller.
CHAPTER 3
FEATURES OF FOOD SALES
44. In stores, pavilions, car dealerships, online stores, when indicating the price of food products, the mass or volume of which is less (more than) 1 kilogram or 1 liter, with the exception of goods in a certain set, alcoholic, low-alcohol drinks and beer, eggs, and as well as other food products, the mass or volume of which is less than 50 grams or 50 milliliters, the seller, in addition to information on the price of goods, is obliged to indicate on price tags, in other sources of information on the price of goods distributed to an indefinite circle of persons in such trading facilities, on the websites of these Internet -shops, the price of such goods per 1 kilogram or 1 liter.
45. The price of foodstuffs sold by weight is determined by the net weight.
At the buyer's request, the price and weight of such products shall be checked before being handed over to the buyer.
46. When selling packaged food products by weight, the seller is obliged to provide buyers, in addition to the information provided for by these Rules, information about their net weight, price per 1 kilogram, plumb price, date of their packaging, packaging time (for especially perishable goods).
47. Food products, when they are released to the buyer, must be freed from wrapping, strapping materials and metal clips, unless otherwise provided by an agreement between the seller and the buyer.
47 1 . At the points of sale of milk-containing products with milk fat substitutes, the consumer packaging of which contains information about the presence of vegetable oils, they are laid out in a way that allows you to visually separate these products from other food products, and is accompanied by the informational inscription “Products with milk fat substitute.
48. Food products of proper quality are not subject to exchange and return.
CHAPTER 4
FEATURES OF SALE OF TOBACCO PRODUCTS, LIQUIDS FOR ELECTRONIC SMOKING SYSTEMS
49. In shop windows, on (in) another commercial equipment open display of tobacco products (their samples), liquids for electronic smoking systems (their samples) is not allowed, with the exception of showcases, other commercial equipment of duty-free shops.
50. Information about sold tobacco products, liquids for electronic smoking systems is placed in the form of a list of tobacco products, liquids for electronic smoking systems indicating their names, arranged in alphabetical order (starting with the names of tobacco products, liquids for electronic smoking systems in Belarusian and ( or) in Russian), and prices. It is allowed to make changes and (or) additions to the list of tobacco products, liquids for electronic smoking systems by hand or by other means.
The text of the list of tobacco products, liquids for electronic smoking systems is made in letters of the same size and font in black on a white background, with the exception of the list of tobacco products, liquids for electronic smoking systems in the menu of a public catering facility, and is compiled without using any graphic images and drawings.
51. Demonstration of tobacco products, liquids for electronic smoking systems, provision by the seller of the necessary and reliable information about tobacco products sold, liquids for electronic smoking systems, including information about their consumer properties, may be carried out at the request of the buyer, with the exception of minors aged up to 18 years of age, after familiarization with the list of tobacco products, liquids for electronic smoking systems.
52. It is allowed to open commercial equipment in which tobacco products, liquids for electronic smoking systems, for the purpose of their demonstration, release to customers, replenishment of the commodity stock.
CHAPTER 5
PECULIARITIES OF SALE OF TEXTILE, SHOE AND FUR GOODS, SEWING AND KNITTED CLOTHES, HOSE AND HEADWEAR
53. The sale of clothes made of natural fur and leather is carried out only in shops, pavilions, non-isolated trade facilities, at auctions, fairs held in capital structures (buildings, structures), unless otherwise established by the rules for the sale of goods in the course of retail trade in a certain form, approved by the Council of Ministers of the Republic of Belarus.
54. Textile, footwear and fur goods, sewing and knitted clothes, hats must undergo pre-sale preparation, which includes unpacking, sorting and inspection of goods, checking the quality of goods (by external signs), and, if necessary, cleaning, ironing.
55. Each sample of fabric must be accompanied by information about its width and the percentage of fibers from which it is made.
When selling shoes, buyers must be provided with information on the conformity of metric, bar-mass and inch shoe sizes.
56. The seller is obliged to provide the buyers of footwear and fur goods, garments and knitwear, headwear with conditions for their fitting. For this purpose, places of sale of clothes are equipped with fitting booths with mirrors and rugs, hats - with mirrors, shoes - with mirrors, benches or banquettes, coasters and rugs.
57. Measurement of woolen fabrics, batting and other heavy, voluminous fabrics is carried out by imposing a bar wooden meter on a fabric lying on the counter in a free state without folds. Thin and light fabrics are measured with a wooden meter by throwing the fabric on the counter with the fabric applied freely to the meter without tension.
Measuring of all types of fabrics, except for woolen and knitted fabrics, can also be carried out by applying the fabric to the counter, on one side of which a metal measuring tape verified in the prescribed manner is mounted.
58. It is prohibited to sell pieces of fabric with a factory label and brand (chazovy ends) if the factory finish is broken and the brand is not put on the wrong side.
59. When transferring textile, footwear and fur goods, garments and knitwear, hosiery and headgear, the quality of the goods must be checked in the presence of the buyer (by visual inspection).
CHAPTER 6
FEATURES OF SALE OF TECHNICALLY COMPLEX HOUSEHOLD GOODS
60. Technically complex household goods (household television, video and radio equipment, acoustic equipment, magnetic recording equipment, photographic and film equipment, computers and duplicators, watches, communications equipment (telephone sets of all types, answering machines, amplifying-switching devices , telefaxes, modems, etc.), household electrical goods (refrigerators and freezers, washing machines, electrical machines and appliances, dishwashers, electrical appliances for processing and cooking, electrical heaters, electric blankets, heating pads, power tools, electrical instrumentation, transformers , electric lighting fittings, sewing machines, electric lawn mowers, electric bells, electric shavers, electric hair dryers, electric hair curlers, electric massage devices), walk-behind tractors, chainsaws, bicycles, and other similar products) must undergo pre-sale preparation, which includes unpacking and inspection of goods, checking the completeness and quality of goods, the availability of necessary documentation , information about goods and their manufacturers, if necessary, the assembly of products and their adjustment.
61. Technically complex household goods must have product labels (labels) indicating the name, brand, model, article, price of goods, as well as brief annotations containing their main technical characteristics, including the energy efficiency class (if installed).
62. When selling spare parts for technically complex household goods, the seller is obliged to provide buyers, in addition to the information specified in part two of clause 10 of these Rules, information about the brand, model, year of manufacture, and other signs of spare parts that make it possible to establish that this spare part complies specific technically complex household goods.
63. Technically complex household goods must be shown in assembled and technically sound condition. At the request of the buyer, the seller must acquaint him with the device and operation of the goods. Goods that do not require special equipment for connection are shown in working order.
64. When transferring technically complex household goods, in the presence of the buyer, the quality and completeness, the availability of accessories and documents installed by the manufacturer (operating instructions, technical passport or other document replacing it indicating the name of the seller, date and place of sale, as well as other details intended to be filled in by the seller), which are transferred to the buyer simultaneously with the goods.
65. Installation, connection, adjustment and commissioning of technically complex household goods, for which, in accordance with the technical and operational documentation, a ban has been established regarding the independent performance of these works by the buyer, as well as mandatory instruction on the rules for using the goods, are carried out by the seller or a legal entity or by an individual entrepreneur authorized to perform the specified work by law or by the seller.
If there are restrictions established by the manufacturer for persons performing the specified work, the seller is obliged to bring to the attention of buyers information about the legal entity or individual entrepreneur authorized to perform them.
If the cost of installing, connecting, adjusting or putting into operation technically complex household goods is included in their price, then the corresponding work must be performed free of charge. In this case, the buyer has the right to demand, and the seller is obliged, upon his request, to provide information on the cost of such work included in the price of goods.
The performance of these works must be carried out within the time limits specified in the contract, but no later than seven calendar days from the date of delivery of the goods to the buyer.
If the cost of installing, connecting, adjusting or putting into operation technically complex household goods is not included in their price, then the seller who performs these works independently is obliged to inform the buyer about their cost at the same time as providing information about the price of goods.
CHAPTER 7
FEATURES OF SALES OF PERFUME AND COSMETIC PRODUCTS
66. When selling perfumery and cosmetic products, buyers are given the opportunity to get acquainted with the smell of perfumes, colognes, eau de toilette using paper or fabric testers to get acquainted with smells (blotters) impregnated with fragrant liquid, and with the consumer properties of cosmetic products - using probes , as well as in other ways provided by the manufacturers of goods.
67. It is not allowed to remove the wrapper or branded tape from the packaging of perfumery and cosmetic products, check the operability of the aerosol packaging before paying for the goods by the buyer.
CHAPTER 8
PECULIARITIES OF SALE OF COPIES OF AUDIOVISUAL WORKS, COMPUTER PROGRAMS AND PHONOGRAMS
68. When selling copies of audiovisual works, computer programs and phonograms, the seller is obliged to provide buyers, in addition to the information specified in parts two and seven of paragraph 10 of these Rules, on each copy (packaging) of such goods, the following information:
name, location of the manufacturer of the copy of the audiovisual work, computer program or phonogram;
technical characteristics of an audio or video carrier, as well as recordings of an audiovisual work and a phonogram;
With regard to copies of films, the seller must also provide buyers with the following information:
the name of the film, the country and studio where the film was shot, the year of its release;
basic filmographic data (genre, annotation, information about the scriptwriter, director, composer, leading actors, etc.);
movie length (in minutes).
69. In the event of the sale of copies of audiovisual works, computer programs and phonograms on tangible media complete with a printed publication, the indication of the information provided for in paragraph 68 of these Rules is not required provided that a set of information about the goods included in the set is provided in the printed publication or on the packaging goods, and information about these goods provided by law.
70. When transferring paid copies of audiovisual works, computer programs and phonograms, the integrity of their consumer packaging must be checked in the presence of the buyer, and the buyer is given the opportunity to get acquainted with fragments of the audiovisual work, computer program or phonogram.
71. Sale of copies of audiovisual works, computer programs and phonograms is carried out only in the manufacturer's consumer packaging.
72. The requirements of this chapter, with the exception of the requirements of paragraphs 70 and 71 of these Rules, apply to the sale of copies of audiovisual works, computer programs and phonograms without a material carrier.
CHAPTER 9
FEATURES OF SALE OF USED NON-FOOD PRODUCTS
73. The sale of used non-food products, with the exception of second-hand books, in one product department (section) together with new goods is not allowed.
74. Used personal hygiene items, medical products, perfumes and cosmetics, household chemicals, garments and knitted underwear, hosiery, corsetry, goods for newborns (rattles, teethers, baby bottles) are not subject to sale. , nipples), bed linen, toys, disposable tableware, gas equipment without examination by the relevant gas facilities for suitability for further use, animal skins without the appropriate manufacturer's marking.
75. Information about used non-food products, in addition to the information specified in part two of clause 10 of these Rules, must contain information about the condition of the goods, the shortcomings in them, and the sanitary and anti-epidemic measures taken in relation to the goods (if any).
Information about used spare parts for technically complex household goods, in addition to the information specified in part one of this paragraph, must contain information about the brand, model, year of manufacture, and other signs of such a spare part, which make it possible to establish that this spare part corresponds to specific technical specifications. complex household goods.
Information characterizing the condition of used non-food products, including their shortcomings, must be indicated on the product label (label), as well as in the sales receipt.
76. Used non-food products must undergo pre-sale preparation, which includes inspection of goods, sorting by type, degree of wear, quality control (by external signs), performance, completeness, as well as the availability of necessary documentation.
77. Buyers to whom used non-food products of inadequate quality were sold, if their shortcomings were not specified by the seller, have the right, at their choice, to present claims provided for by consumer protection legislation.
78. Used non-food products of good quality are not subject to exchange and return.
79. Used non-food products are transferred to buyers in the same manner as new ones, unless otherwise provided in this chapter.
When transferring used technically complex household goods to the buyer, simultaneously with the goods, the relevant documents (technical passport or other document replacing it, operating instructions) are transferred (if the seller has it), as well as warranty cards for goods confirming the right of buyers to use the remaining warranty period.
80. Features of the sale of used non-food products accepted by agreement between the commission agent and the committent for a commission are regulated by the Rules for commission trade in non-food products, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated June 1, 2007 No. 744 “On approval of the Rules for commission trade in non-food products and amending the Resolution of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2007, No. 144, 5/25341; National Legal Internet Portal of the Republic of Belarus, 06/26/2014, 5/ 39042).
CHAPTER 10
FEATURES OF SALE OF VEHICLES AND AUTO PARTS
81. Power-driven vehicles, their trailers, self-propelled machines (hereinafter referred to as vehicles) must undergo pre-sale preparation.
The scope of work for the pre-sale preparation of new vehicles is determined by their manufacturers or authorized representatives of used manufacturers - the seller.
82. When selling auto parts - engines, bodies, cabins, chassis, frames, other spare parts for vehicles, the seller is obliged to provide buyers, in addition to the information specified in part two of paragraph 10 of these Rules, information about the brand, model, year of manufacture, other signs of auto parts , allowing you to establish that this auto part complies with specific type(make, model) of the vehicle.
83. Vehicles offered for sale shall be placed in specialized stores or on sites where conditions have been created that guarantee free access for buyers to them for inspection.
84. When transferring vehicles, in the presence of the buyer, the completeness of the vehicle and the quality of the services performed for its pre-sale preparation must be checked.
85. When transferring motor vehicles with an engine capacity of 50 cubic centimeters or more and a maximum design speed of more than 50 kilometers per hour, trailers for them, except for side trailers for motorcycles, wheeled tractors, trailers and engines for them, self-propelled machines and engines for them, as well as bodies, cabs, chassis, frames of vehicles, the buyer, together with an invoice-certificate drawn up in accordance with the procedure established by law, is simultaneously transferred to the set of accessories and documents established by the manufacturer, as well as other documents necessary for the state registration of vehicles, making changes to documents related to registration.
86. When selling a vehicle, vehicle chassis not previously registered in the Republic of Belarus and delivering them to buyers or to the place of state registration on their own, the seller issues temporary license plates obtained in the prescribed manner from the internal affairs bodies.
CHAPTER 11
FEATURES OF SALES OF BUILDING MATERIALS
87. Information about building materials offered for sale, in addition to the information specified in part two of clause 10 of these Rules, must contain, taking into account the characteristics of specific goods, information about the material, finish, brand, type, size, grade, other main indicators characterizing the goods.
When selling building materials in a certain set (garden houses, outbuildings, etc.), buyers should be provided with information on the name and quantity of materials included in the set, the degree and methods of their processing (presence and method of impregnation, humidity, drying method, etc.).
88. Building materials must undergo pre-sale preparation, which includes inspection and sorting of goods, quality control (by external signs), completeness, availability of necessary information about goods and their manufacturers.
89. Selection by buyers of building materials can be made both on the trading floor and at the discretion of the seller directly at the places of their storage accessible to buyers.
90. The seller is obliged to provide buyers with the opportunity to check the quantity and grade of the purchased goods. For this purpose, information indicating the coefficients for the conversion of round timber and sawn timber into dense cubic mass, the cubic capacity of sawn timber, and the rules for their measurement are placed in the trading facility at a place accessible to buyers. At the request of the buyer, the seller is obliged to acquaint him with the procedure for measuring building materials, established by technical regulatory legal acts.
91. When transferring building materials in the presence of the buyer, their quality, completeness, availability of documentation attached by the manufacturer, which is transferred to the buyer simultaneously with the goods, must be checked.
The transfer of building materials intended for sale in the manufacturer's packaging, by agreement of the parties, may be carried out without checking the completeness and availability of the documentation specified in part one of this paragraph, if such verification requires opening the manufacturer's packaging. Information on the sale of building materials without checking the completeness and availability of documentation may be indicated in the sales receipt.
92. Sale of building materials packaged and packaged by the manufacturer in consumer packaging, the contents of which cannot be changed without opening or damaging it, by the piece, by weight or a certain quantity, is made at the discretion of the seller.
The price of building materials sold by the piece, by weight or by a certain quantity, is indicated together with the price per unit quantity of goods or unit of goods.
CHAPTER 12
FEATURES OF SALE OF PRECIOUS METALS, PRECIOUS STONES, JEWELERY AND OTHER HOUSEHOLD PRODUCTS
93. Sale of jewelry and other household products, gold leaf, silver leaf, coins made of precious metals, with the exception of coins made of precious metals that are in circulation and are a means of payment of the Republic of Belarus (hereinafter referred to as coins), precious metals in the form of measured ingots (hereinafter – measured ingots) and cut precious stones* is carried out only in shops and pavilions located in capital structures (buildings, structures), unless otherwise established by the rules for the sale of goods in retail trade in a certain form, approved by the Council of Ministers of the Republic of Belarus.
It is allowed to sell jewelry and other household products made of silver in kiosks, non-insulated shopping facilities located in the squares of shopping centers, by a seller who has a stationary trading facility in these shopping centers, specified in a special permit (license) for activities related to precious metals and precious stones , whose component work and service is the retail trade in precious metals and precious stones.
After the end of the work of a kiosk, non-isolated trade facility, storage of jewelry and household items made of silver in such a kiosk, non-isolated trade facility is not allowed.
* For the purposes of this chapter, the terms and their definitions are used in the meanings established by the Law of the Republic of Belarus dated June 21, 2002 "On Precious Metals and Precious Stones" (National Register of Legal Acts of the Republic of Belarus, 2002, No. 73, 2/859; National legal Internet portal of the Republic of Belarus, 19.12.2013, 2/2091).
94. When selling jewelry and other household products, gold leaf, silver leaf, coins, bullions, cut precious stones, the seller is obliged to provide buyers on the product label (label) in addition to the information specified in part two of paragraph 10 of these Rules, the following information:
name and sample of the precious metal;
the weight of the product in grams (for personal jewelry and toilet items made of silver - if necessary);
the size of the ring, bracelet, chain, the length of the connecting link of the bracelet;
name of the insert material (if any);
the characteristics of the insert (for precious stones) and the technical regulatory legal act establishing the requirements for the insert (if any).
95. The sale of jewelry and other household items subject to mandatory hallmarking with the state assay mark in accordance with the legislation of the Republic of Belarus is carried out only if such items have imprints of the state assay marks of the Republic of Belarus.
96. The sale of precious stones that are not fixed in jewelry and other household items is allowed only in a faceted form in a special package, the integrity of which is not violated, with a certificate of conformity (certificate of quality) for each stone.
97. Jewelry and other household items, gold leaf, silver leaf, coins, bullions, cut precious stones are placed in commercial equipment that ensures their safety.
Jewelry and other household items may be displayed in commercial equipment in such a way that buyers can examine them and (or) try them on on their own without the participation of the seller.
98. When selling jewelry and other household products, gold leaf, silver leaf, coins, ingots, cut precious stones, a sales receipt is issued for each such product in two copies, which indicates the name of the product and the seller, article number, sample, mass of precious metal (if there is information about it), the number of the certificate of conformity (certificate of quality) for certified cut gems, the date of sale, the price of the product, the signature of the person carrying out the sale. When transferring precious stones, the buyer is also given a certificate of conformity (certificate of quality).
The first copy of the sales receipt, together with the sales report, is transferred by the financially responsible person to the accounting department, the second copy - to the buyer along with the product, as well as documentation attached to jewelry and other household products, gold leaf, silver leaf, coins, measured ingots, cut precious stones (if its presence).
99. When transferring jewelry and other household products, gold leaf, silver leaf, coins, measured ingots, cut precious stones, in the presence of the buyer, a check should be made for the presence of an imprint of the state hallmark of the Republic of Belarus on them, reconciliation of the number of the certificate of conformity (certificate of quality) on faceted gemstone with a number on an individual package.
CHAPTER 13
FEATURES OF SALE OF PYROTECHNICAL PRODUCTS FOR HOUSEHOLD PURPOSE
100. Sale of pyrotechnic household items is allowed:
I and II hazard classes - in shops, pavilions, kiosks, non-isolated shopping facilities located on the trading floor of shops, pavilions, shopping center areas;
Hazard subclass IIIa - in specialized stores for the sale of pyrotechnic products, as well as commodity departments (sections) for the sale of pyrotechnic products;
III class danger - in specialized stores selling pyrotechnic products.
101. It is not allowed to sell pyrotechnic products for household purposes in retail facilities located in the basement floors of capital structures (buildings, structures), as well as filling stations included in the complex.
102. When placing fireworks for household use on the trading floor, a layout is used in which the buyer does not have direct access to these products.
It is forbidden to sell pyrotechnic products for household use without instructions for their use and not in the manufacturer's packaging.
103. Storage of pyrotechnic products for household purposes is carried out in metal cabinets (safes).
It is not allowed to store together in one metal cabinet (safe) ammunition and household pyrotechnic products, gunpowder with capsules or equipped cartridges.
The doors to the cabinet (safe) may be opened only when selling or replenishing the inventory of pyrotechnic household products.
Pyrotechnic products for household purposes are located no closer than 0.5 meters from the heating devices of the heating system.
104. The number of household pyrotechnic products placed in retail facilities is established on the basis of:
Hazard class I - 1200 kilograms of pyrotechnic products for household purposes by gross weight for every 25 square meters retail space, in retail outlets with a retail area of less than 25 square meters, kiosks, non-insulated retail outlets - no more than 333 kilograms of such products by gross weight;
Class II, IIIa subclass, III hazard class - no more than 50 kilograms of pyrotechnic household items by gross weight.
CHAPTER 14
FEATURES OF SALE OF PLANT PROTECTION MEANS
105. When selling plant protection products*, the seller is obliged to provide buyers, in addition to the information specified in part two of paragraph 10 of these Rules, on each container unit with plant protection products, recommendations on its use, transportation and storage, indicating the state registration number.
______________________________
* For the purposes of this chapter, the terms and their definitions are used in the meanings established by the Law of the Republic of Belarus dated December 25, 2005 "On Quarantine and Plant Protection" (National Register of Legal Acts of the Republic of Belarus, 2006, No. 6, 2/1174; National Legal Internet portal of the Republic of Belarus, 21.07.2016, 2/2396).
106. Only plant protection products that have passed the state registration of plant protection products and are included in the State Register plant protection products and fertilizers permitted for use on the territory of the Republic of Belarus.
107. Sale of plant protection products is carried out only in the manufacturer's packaging.
POSITION
on the procedure for the development and approval of the assortment list of goods
1. This Regulation determines the procedure for the development and approval of the assortment list of goods, as well as cases when such a list is not required.
2. For the purposes of this Regulation, the terms and their definitions are applied in the meanings established by the Law of the Republic of Belarus dated January 8, 2014 "On State Regulation of Trade and Public Catering in the Republic of Belarus" (National Legal Internet Portal of the Republic of Belarus, January 21, 2014, 2/ 2126), Decree of the President of the Republic of Belarus dated September 22, 2017 No. 345 “On the development of trade, public catering and consumer services» (National Legal Internet Portal of the Republic of Belarus, 09/26/2017, 1/17274), as well as the following terms and their definitions:
type of goods - a set of goods of a certain group, united common name and appointment;
combined assortment of goods - a set of several groups of goods related by a common demand and satisfying individual needs of the population;
variety of goods - a set of goods of a certain type, distinguished by a number of particular features (brand, model, article, grade, weight, volume, other features);
mixed assortment of goods - a set of certain types of food and non-food consumer goods;
universal assortment of goods - a set of food or non-food products of daily demand.
3. The assortment list of goods is developed and approved by the subject of trade for the trading facility in which retail trade is carried out, except for the cases specified in paragraph 5 of this Regulation.
The trade entity develops an assortment list of goods based on the assortment of goods offered for sale determined by it independently on the basis of the list of goods to be included in the assortment list of goods approved by the Ministry of Antimonopoly Regulation and Trade (hereinafter referred to as the list of goods to be included in the assortment list of goods), depending on the type and type (if any) of the retail facility, the availability of retail space and its size.
In the assortment list of goods, groups (subgroups), types of goods and the number of their varieties are indicated. The number of varieties of goods included in the assortment list of goods must be no less than in the list of goods to be included in the assortment list of goods for the corresponding type and type (if any) of the trading facility, size of the trading area (if any). For goods, the demand for which is seasonal, the period of their sale is indicated in the assortment list of goods.
When developing an assortment list of goods for a store with a universal assortment of goods, the size of the retail space of the store, allocated respectively for food or non-food products, is taken into account, with a mixed one - food and non-food products.
The assortment list of goods for a specialized and highly specialized store, depending on its specialization, includes groups (subgroups), types of goods of this group (subgroup) and the number of their varieties. Other types of goods of other groups (subgroups) offered for sale in such a store may not be included in the assortment list of goods.
New groups (subgroups) and (or) types of goods may not be included in the assortment list of goods for the period of studying consumer demand, which should not exceed five months. The decision to study consumer demand for new groups (subgroups) and (or) types of goods, as well as the start date and duration of this period, must be established by a local regulatory legal act of a trading entity.
Groups (subgroups) and (or) types of goods, the sale of which in a trading facility is carried out exclusively by advance orders, as well as used non-food products, may not be included in the assortment list of goods.
4. When carrying out retail trade in alcoholic beverages in rural areas using a car shop, the route of movement and the assortment list of goods for such a car shop are subject to agreement with the local executive and administrative body.
5. An assortment list of goods is not required when selling goods:
using mobile means of peddling trade (vending machines, carts, trays, baskets, other devices);
on the trading places at markets, fairs, using other forms of retail trade carried out without (outside) trade facilities;
in tents;
in non-isolated trade facilities;
in duty-free shops;
in trade facilities owned by postal operators, which are entrusted with the functions of the mandatory provision of universal postal services;
in trade facilities where printed publications are sold, including printed mass media, the volume of which in the retail turnover is at least 25 percent;
in stores for the sale of property seized, arrested or otherwise converted to state revenue;
in pharmacies, veterinary pharmacies, specialized stores and pavilions for the sale of medical, orthopedic and optical products;
in trade facilities for the sale of exclusively used non-food products, including commission trade;
in retail outlets for the sale of non-seasonally unsold, non-demanded leftovers of single sizes of non-food products, as well as non-food products with minor defects in appearance and (or) restored (Stock store, stock store);
in stores established by the manufacturer, in which the goods of such a manufacturer are sold;
in stores established by a trade entity that has the right to sell goods using trademark(trademarks) or trade name (trade names) of the manufacturer (manufacturers), including under the terms of a complex business license (franchising) agreement in which the goods of such a manufacturer (manufacturers) are sold;
in trading facilities for the sale of national goods of one country, created in accordance with international treaties and (or) international obligations of the Republic of Belarus by subjects of trade that are representative offices in the territory of the Republic of Belarus of foreign legal entities and foreign organizations established in accordance with the laws of foreign states.
SCROLL
invalid resolutions of the Council of Ministers of the Republic of Belarus
1. Decree of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384 “On approval of the Rules for the implementation of retail trade in certain types of goods and public catering” (National Register of Legal Acts of the Republic of Belarus, 2004, No. 58, 5/14061).
2. Subparagraph 3.5 of paragraph 3 of the Decree of the Council of Ministers of the Republic of Belarus dated March 16, 2005 No. 285 “On some issues of organizing work with the book of comments and suggestions and introducing amendments and additions to some resolutions of the Council of Ministers of the Republic of Belarus” (National Register of Legal Acts of the Republic of Belarus , 2005, No. 52, 5/15728).
3. Subparagraph 2.1 of paragraph 2 of Resolution of the Council of Ministers of the Republic of Belarus dated March 6, 2006 No. 317 “On Certain Issues of Regulation of Retail Trade in Beer and Low Alcoholic Beverages, Determination of Trade Facilities, Public Catering Facilities where Beer and Low Alcoholic Beverages are Allowed, and on amendments and additions to some resolutions of the Council of Ministers of the Republic of Belarus on retail trade issues” (National Register of Legal Acts of the Republic of Belarus, 2006, No. 40, 5/21026).
4. Decree of the Council of Ministers of the Republic of Belarus dated September 11, 2006 No. 1179 “On making additions and amendments to the Resolution of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2006, No. 149 , 5/22903).
5. Paragraph 2 of the Decree of the Council of Ministers of the Republic of Belarus dated June 1, 2007 No. 744 “On approval of the Rules for commission trade in non-food products and amendments to the Decree of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus , 2007, No. 144, 5/25341).
6. Decree of the Council of Ministers of the Republic of Belarus dated February 15, 2008 No. 206 “On making additions to the Resolution of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 44, 5 /26803).
7. Decree of the Council of Ministers of the Republic of Belarus dated June 17, 2008 No. 887 “On making additions to the Resolution of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 149, 5 /27874).
8. Decree of the Council of Ministers of the Republic of Belarus dated August 4, 2008 No. 1115 “On making additions to the Decree of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 188, 5 /28109).
9. Subparagraph 2.4 of paragraph 2 of the Decree of the Council of Ministers of the Republic of Belarus dated January 14, 2009 No. 26 “On Certain Issues of Consumer Rights Protection” (National Register of Legal Acts of the Republic of Belarus, 2009, No. 31, 5/29207).
10. Decree of the Council of Ministers of the Republic of Belarus dated December 11, 2009 No. 1619 “On amendments and additions to the Resolution of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2009, No. 302 , 5/30889).
11. Decree of the Council of Ministers of the Republic of Belarus dated February 23, 2010 No. 258 “On making additions to the resolutions of the Council of Ministers of the Republic of Belarus dated December 12, 2003 No. 1623 and dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus , 2010, No. 54, 5/31334).
12. Subparagraph 1.14 of paragraph 1 of Resolution of the Council of Ministers of the Republic of Belarus dated April 28, 2010 No. 640 “On introducing amendments and additions to certain resolutions of the Council of Ministers of the Republic of Belarus on issues of control (supervisory) activities and recognizing as invalid some resolutions of the Government of the Republic of Belarus” ( National Register of Legal Acts of the Republic of Belarus, 2010, No. 118, 5/31768).
13. Clause 2 of the Decree of the Council of Ministers of the Republic of Belarus dated May 25, 2010 No. 779 “On Amendments and Additions to Certain Decrees of the Council of Ministers of the Republic of Belarus on Retail Trade” (National Register of Legal Acts of the Republic of Belarus, 2010, No. 132 , 5/31898).
14. Decree of the Council of Ministers of the Republic of Belarus dated August 30, 2010 No. 1257 “On making additions to the Decree of the Council of Ministers of the Republic of Belarus dated April 7, 2004 No. 384” (National Register of Legal Acts of the Republic of Belarus, 2010, No. 211, 5 /32408).
15. Subparagraph 1.2 of paragraph 1 of the Decree of the Council of Ministers of the Republic of Belarus dated July 9, 2013 No. 602 “On Amendments and Additions to Certain Resolutions of the Council of Ministers of the Republic of Belarus on Retail Trade and Public Catering” (National Legal Internet Portal of the Republic of Belarus, July 12, 2013, 5/37536).
16. Subparagraph 1.3 of paragraph 1 of the Decree of the Council of Ministers of the Republic of Belarus dated December 20, 2013 No. 1113 “On amendments and additions to some resolutions of the Council of Ministers of the Republic of Belarus on retail trade issues” (National Legal Internet Portal of the Republic of Belarus, December 27, 2013 , 5/38196).
Compiled by M. Yu. Rogozhin
© Piter Publishing House LLC, 2017
Rules for the sale of certain types of goods
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and regulate relations between buyers and sellers in the sale of certain types of food and non-food products.
2. Under buyer means a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to entrepreneurial activities.
Under seller means an organization, regardless of its legal form, as well as an individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).
3. Seller's working hours- a state or municipal organization is established by decision of the relevant authorities executive power or local authorities.
Seller's working hours- organizations of a different organizational and legal form, as well as an individual entrepreneur, are established by them independently.
In the event of a temporary suspension of its activities (for planned sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.
When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and bases data.
5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation trading activities established by regulatory legal acts of the Russian Federation.
6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility right choice buyers of goods.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.
9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.
10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.
The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.
If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.
The specified information is placed in places convenient for familiarization of the buyer.
Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.
When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.
11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.
The information must contain:
Name of product;
Location (address), trade name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - the name of the country the origin of the goods;
Information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;
Information about the main consumer properties of the goods;
Information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;
Rules and conditions for the effective and safe use of the goods;
Warranty period, if applicable specific product;
The service life (shelf life), if it is set for a particular product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the specified period pose a danger to the life, health and property of the buyer or become unsuitable for its intended use;
The price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).
12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.
13. The sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to species listed in the Red Book of the Russian Federation is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the field of environmental protection. Sale of goods imported into the Russian Federation, made from objects of the animal world falling under the Convention on international trade endangered species of wild fauna and flora is carried out on the basis of the permission of the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention - on the basis of the permission of the authorized body.
When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.
14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.
15. Information about the product, its manufacturer and seller must be brought to the attention of the buyer by the methods established by federal laws, other regulatory legal acts of the Russian Federation, and if they are not defined by these acts, then by the methods adopted for certain types of goods.
The volume of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, label, label, in technical documentation), must comply with the requirements of federal laws, other regulatory legal acts of the Russian Federation.
Information about the seller, goods and their manufacturers is brought to the attention of buyers in Russian, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation.
16. The consumer must also be provided with clear and reliable information about the services provided, the prices for them and the conditions for the provision of services, as well as the forms of service used in the sale of goods (on pre-orders, sale of goods at home and other forms).
17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.
The buyer has the right to inspect the offered goods, demand that a property check be carried out in his presence or a demonstration of its operation, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.
The seller is obliged to conduct a quality and safety check (inspection, testing, analysis, examination) of the goods offered for sale in the case when the checks are provided for by the legislation of the Russian Federation or the terms of the contract.
18. The prices of goods sold by the seller, as well as other terms of the contract, must be the same for all buyers, except in cases where federal laws or other regulatory legal acts allow the provision of benefits for certain categories of buyers.
19. The seller is obliged to ensure the availability of uniform and clearly defined price tags for the goods sold, indicating the name of the goods, grade (if any), price per weight or unit of goods. It is allowed to issue price tags on paper or other information carrier visually accessible to buyers, including those with electronic display of information, using slate boards, stands, light panels.
When selling goods carried out through peddling, the seller's representative must have a price list certified by the signature of the person responsible for its execution, indicating the name and price of the goods, as well as services provided with the consent of the buyer.
20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided federal law or an agreement between the seller and the buyer.
In case of retail trade, together with the goods (with the exception of the food products specified in paragraph two of clause 4 of these Rules), the buyer is given a sales receipt, which indicates the name of the goods and information about the seller, the date of sale, the quantity and price of the goods, and the signature of the seller’s representative .
21. Settlements with buyers for goods are carried out using cash registers, with the exception of cases provided for by the legislation of the Russian Federation.
22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.
The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.
The seller is not entitled to condition the sale of some goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods cannot be assembled and (or) installed (connected) according to technical requirements without the participation of relevant specialists.
In the case of delivery of bulky goods by the buyer, the seller is obliged to ensure the loading of the goods on the buyer's vehicle free of charge.
23. The seller is obliged to transfer to the buyer goods of proper quality, in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging, in a certain set (set of goods) and completeness, with documents related to the goods and accessories.
Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, a set of goods, as well as the conditions for the delivery of goods are established by the legislation of the Russian Federation.
24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.
25. When selling goods with the condition that the buyer accepts them within a certain period, the seller cannot sell the goods to another buyer during this period.
Unless otherwise provided by the contract between the seller and the buyer, the buyer's failure to appear or take other necessary actions to accept the goods within the period specified by the contract may be considered by the seller as the buyer's refusal to purchase the goods.
26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.
Today, the sphere of trade is one of the most developed. It works on the basis of legally established norms. There are many types of business that need to be done smartly and safely. The 2017 Trade Rules have made some changes in this area. Every entrepreneur needs to know them so that their work is legal.
Basic norms
Selling goods is considered a sought-after business. Each area (food and non-food products) has its own characteristics. The government is constantly releasing new rules that business owners must follow.
The rules for the sale of food products require preparation before sale. The following requirements apply to merchants:
- Retail pavilions must have a legal form, address, name, a plate with a profile of activity.
- Before selling, the goods are put on the shelves, sorted by type, and also observe the storage regimes. A mandatory rule is the presence of price tags and brief information about goods.
- Sellers can work only with the presence of a medical book, uniform, headgear. His appearance should be neat. A mandatory requirement is the presence of a plate with full name, position and organization.
- Goods must have an appropriate price, expiration date, sales standards.
- The 2017 trade rules contain the rules necessary to respect the rights of buyers. Trading requires working scales, cash registers, complaint books and buyers' corners.
These are just the basic rules that an entrepreneur must comply with when selling food products. The changes are related to the improvement of the quality of work.
How should a trade pavilion work?
It is important to know the rules applicable to the work of the trade pavilion. The sign should contain information about the establishment. Considering internal organization, then it is necessary to indicate guidelines for buyers:
- Location of goods.
- Name of employees.
- Price for services, if they are carried out in this institution.
The buyer's corner should include information about the rules for the sale of goods, contacts. If raw meat is sold, a poster should be placed for consumers with a breakdown of the product by grade.
In 2017, there were changes regarding the price tags that goods should have. Packaged products must have contributions with the name, weight, price. The same rules apply to packaging. Details of the organization indicated on the price tag must be easy to read, as well as with the seal and signature of the responsible person.
In stores, the presence of serviceable scales, which have retaliation from regulatory authorities, is mandatory. If the product has a defect, then this should be indicated by an information plate. Customers need to be informed about this. If all the rules are followed, there will be no problems with Rospotrebnadzor.
Sanitary standards
When selling food and non-food products, it is important to comply with sanitary standards. Regulates this area SanPiN No. 2. 3. 5. 021-94. It has GOSTs and regulations, on the basis of which the trade sector is regulated. Rospotrebnadzor performs checks on them.
You can not place fish shops, the area of which is more than 1 square. m., on the ground and second floors. It is forbidden to lay out goods near windows and entrances to the house. Night unloading of goods is not allowed if the store is located in residential buildings.
If these conditions are not met, the supervisory authority imposes a fine. Rospotrebnadzor has the right to suspend trading activities if repeated and gross violations are detected. The fulfillment of all requirements depends on the experience and good faith of the organization.
Selection of land
With the construction of a new pavilion, it is necessary to take into account the norms of SanPiN. When choosing a land plot for trade, you need to focus on the following rules:
- The territory should not be swampy.
- There are no garbage dumps nearby.
- It is forbidden to locate nearby enterprises for breeding animals, as well as for processing.
Regulations for the food trade establish norms for the quality of water supply. A new building must have this system. If the store is located in a residential building, then the sewage system should not be combined with a common building. It should be separate, because it has a stronger load on the drainage system. Maybe the rules will change in the future, but these are the requirements that apply now. Therefore, they are mandatory.
Checks
An agreement is concluded between the buyer and the seller in the sale of goods. This is a sales receipt confirming the transaction. Since 2017, the buyer can make claims without this payment document. The fact of the purchase is confirmed by witnesses, video cameras. When selling goods on credit, the purchase is evidenced by a loan agreement. Payment for products can be made in cash and through cards.
The receipt must have the name, TIN, device number, receipt, date, time, price, fiscal imprint. There is also a sales receipt, which also serves as a confirmation of the transaction. It indicates the article, grade, type of product. A sales receipt is issued at the request of the buyer. It contains the details of the store, seal and signature.
Cash registers and price tags
Organizations that paid UTII and individual entrepreneurs operating under the patent tax system can operate without a cash register. Any document that serves for these purposes can confirm the purchase. Although there is no legal requirement to purchase cash register However, sales receipts must be issued for each purchase.
There were no changes in the law on price tags. If it does not comply with the rules, then it is a violation. This phenomenon leads to the imposition of a fine on the organization. The price tag should contain information about the product. They are decorated in the same style. The goods must be paid for at the price indicated on it.
Other rules
There are few requirements for ventilation. The main thing is that it should be autonomous. For lighting fixtures, there are also no strict requirements, since they are made on the basis of modern standards. Importance has equipment and decoration of commercial establishments. Refrigerators and showcases must comply with fire regulations and layout.
If the pavilion has a special category, then additional requirements are imposed on the premises. For example, when selling fresh food products, a well-ventilated warehouse is needed. It must be respected and there should be no natural light.
Sale of alcohol
With the beer trade in 2017, some changes should also be taken into account. The sale of these drinks was limited in plastic bottles. Implementation will be carried out within the framework of EGAIS. The legislation prohibited the sale of goods in PET containers with a volume of more than 1.5 liters. The restrictions apply to all alcoholic products.
Due to violations of the rules, a fine is imposed on the management of the trading establishment. If the volume of the bottles is higher than the approved norms, then you will have to pay in the range of 300 - 500 thousand rubles. Officials will be required to pay 100 - 200 thousand rubles. This decision was made to improve the quality of goods. The production of beer drinks in such containers could allow technology to be violated, which affected consumer properties. This put people's lives in danger.
EGAIS principles
The beer trade rules are implemented on the basis of the EGAIS standards, which have been in force since 2017. This mechanism is necessary to track the movement and sale of alcoholic products, which allows for the elimination of the shadow market. An alcohol store should have a special scanner that recognizes information from each bottle and transfers it to a single database. Each check also contains a two-dimensional barcode. Based on this information, the buyer can verify the authenticity of the product.
EGAIS improves quality control of goods. Such a system reduces the sale of “shadow alcohol”, which increases tax revenues. For many businessmen, this has become difficult. Manufacturers are increasing the cost of transmitting information. If the EGAIS norms are not observed, then this leads to fines of 0.5 million rubles.
If any violations are detected in the sphere of trade, then it is necessary to contact the consumer protection authorities. It is necessary to write a statement on the fact of an unlawful act, after which specialists will carry out an inspection. This may be due to overweight, low-quality goods, overpricing, etc. If violations are found by experts, the store management is held accountable.
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Trading Rules
Compiled by M. Yu. Rogozhin
© Piter Publishing House LLC, 2017
Rules for the sale of certain types of goods 1
Approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 (as amended, effective from January 4, 2017).
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and regulate relations between buyers and sellers in the sale of certain types of food and non-food products.
2. Under buyer means a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to entrepreneurial activities.
Under seller means an organization, regardless of its legal form, as well as an individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).
3. Seller's working hours- a state or municipal organization is established by decision of the relevant executive authorities or local governments.
Seller's working hours- organizations of a different organizational and legal form, as well as an individual entrepreneur, are established by them independently.
In the event of a temporary suspension of its activities (for planned sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.
When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and bases data.
5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation of trading activities established by the regulatory legal acts of the Russian Federation.
6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility of the correct choice of goods by buyers.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.
9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.
10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.
The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.
If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.
The specified information is placed in places convenient for familiarization of the buyer.
Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.
When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.
11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.
The information must contain:
Name of product;
Location (address), trade name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - the name of the country the origin of the goods;
Information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;
Information about the main consumer properties of the goods;
Information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;
Rules and conditions for the effective and safe use of the goods;
Warranty period, if it is established for a specific product;
The service life (shelf life), if it is set for a particular product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the specified period pose a danger to the life, health and property of the buyer or become unsuitable for its intended use;
The price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).
12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.
13. The sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to species listed in the Red Book of the Russian Federation is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the field of environmental protection. The sale of goods imported into the Russian Federation made from objects of the animal world falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is carried out on the basis of a permit from the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, - based on the permission of the authorized body.
When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.
14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.
15. Information about the product, its manufacturer and seller must be brought to the attention of the buyer by the methods established by federal laws, other regulatory legal acts of the Russian Federation, and if they are not defined by these acts, then by the methods adopted for certain types of goods.
The amount of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, label, label, in technical documentation) must comply with the requirements of federal laws, other regulatory legal acts of the Russian Federation.
Information about the seller, goods and their manufacturers is brought to the attention of buyers in Russian, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation.
16. The consumer must also be provided with clear and reliable information about the services provided, the prices for them and the conditions for the provision of services, as well as the forms of service used in the sale of goods (on pre-orders, sale of goods at home and other forms).
17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.
The buyer has the right to inspect the offered goods, demand that a property check be carried out in his presence or a demonstration of its operation, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.
The seller is obliged to conduct a quality and safety check (inspection, testing, analysis, examination) of the goods offered for sale in the case when the checks are provided for by the legislation of the Russian Federation or the terms of the contract.
18. The prices of goods sold by the seller, as well as other terms of the contract, must be the same for all buyers, except in cases where federal laws or other regulatory legal acts allow the provision of benefits for certain categories of buyers.
19. The seller is obliged to ensure the availability of uniform and clearly defined price tags for the goods sold, indicating the name of the goods, grade (if any), price per weight or unit of goods. It is allowed to issue price tags on paper or other information carrier visually accessible to buyers, including those with electronic display of information, using slate boards, stands, light panels.
When selling goods carried out through peddling, the seller's representative must have a price list certified by the signature of the person responsible for its execution, indicating the name and price of the goods, as well as services provided with the consent of the buyer.
20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided by federal law or an agreement between the seller and the buyer.
In case of retail trade, together with the goods (with the exception of the food products specified in paragraph two of clause 4 of these Rules), the buyer is given a sales receipt, which indicates the name of the goods and information about the seller, the date of sale, the quantity and price of the goods, and the signature of the seller’s representative .
21. Settlements with buyers for goods are carried out using cash registers, with the exception of cases provided for by the legislation of the Russian Federation.
22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.
The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.
The seller is not entitled to condition the sale of some goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods cannot be assembled and (or) installed (connected) according to technical requirements without the participation of relevant specialists.
In the case of delivery of bulky goods by the buyer, the seller is obliged to ensure the loading of the goods on the buyer's vehicle free of charge.
23. The seller is obliged to transfer to the buyer goods of proper quality, in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging, in a certain set (set of goods) and completeness, with documents related to the goods and accessories.
Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, a set of goods, as well as the conditions for the delivery of goods are established by the legislation of the Russian Federation.
24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.
25. When selling goods with the condition that the buyer accepts them within a certain period, the seller cannot sell the goods to another buyer during this period.
Unless otherwise provided by the contract between the seller and the buyer, the buyer's failure to appear or take other necessary actions to accept the goods within the period specified by the contract may be considered by the seller as the buyer's refusal to purchase the goods.
26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.
If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it or exchange it for a similar product at the first receipt of the corresponding goods for sale. The seller is obliged to inform the buyer, who requested the exchange of non-food goods, of its receipt on sale.
The buyer's demand for the exchange or return of goods is subject to satisfaction if the goods were not in use, their marketable condition, consumer properties, seals, labels are preserved, and there is evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return according to the specified in this clause on the grounds in accordance with the list approved by the Government of the Russian Federation.
27. The buyer, to whom goods of inadequate quality were sold, if its shortcomings were not specified by the seller, has the right, at his choice, to demand from the seller:
Replacement for a product of a similar brand (model, article);
Replacement for the same product of another brand (model, article) with the corresponding recalculation of the purchase price;
Proportionate reduction of the purchase price;
Immediate gratuitous elimination of product defects;
Reimbursement of expenses incurred by the buyer or a third party to eliminate defects in the goods.
In this case, the buyer is also entitled to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.
The buyer has the right to demand the replacement of a technically complex or expensive product in the event of a significant violation of the requirements for its quality (detection of fatal flaws, flaws that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar shortcomings).
With regard to technically complex goods, the specified requirement of the buyer is subject to satisfaction in accordance with the list of such goods approved by the Government of the Russian Federation.
In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such goods with goods of good quality or a commensurate reduction in the purchase price.
Instead of presenting these requirements, the buyer has the right to refuse the purchased goods and demand the return of the money paid for the goods. sum of money.
In this case, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.
When returning to the buyer the amount of money paid for the goods, the seller is not entitled to withhold from it the amount by which the cost of the goods has decreased due to its full or partial use, loss of its presentation or other similar circumstances.
If the buyer presents a demand for the seller to eliminate the shortcomings of a durable product or replace such a product, the buyer has the right to simultaneously demand that he be provided with a similar product of adequate quality for the period of repair or replacement of goods of inadequate quality, with the exception of goods according to the list approved by the Government of the Russian Federation, for which this requirement does not apply.
28. The seller or an organization that performs the functions of a seller on the basis of an agreement with him is obliged to accept the goods of inadequate quality from the buyer, and, if necessary, to check the quality of the goods. The buyer has the right to participate in the quality control of the goods.
If a dispute arises about the reasons for the appearance of defects in the goods, the seller or an organization performing the functions of the seller on the basis of an agreement with him, are obliged to conduct an examination of the goods at their own expense. The buyer has the right to challenge the conclusion of such an examination in court.
The buyer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a reason to refuse to satisfy his requirements and does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.
29. The terms for the seller to satisfy the buyer's requirements, as well as liability for violation of these terms, are determined in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
30. The buyer has the right to present the requirements specified in paragraph 27 of these Rules in relation to the defects of the goods if they are discovered during the warranty period or the expiration date.
The warranty period of the goods, as well as its service life, is calculated from the date of sale of the goods to the buyer. If it is impossible to determine the day of sale of the goods, this period shall be calculated from the date of manufacture of the goods.
The expiration date of the goods is determined by the period calculated from the date of manufacture of the goods, during which it is suitable for use, or the date before which the goods are suitable for use.
If the buyer is deprived of the opportunity to use the product due to circumstances that depend on the seller (the product needs special installation, connection or assembly, it has defects, etc.), the warranty period is calculated from the date the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of the goods cannot be determined, the warranty period shall be calculated from the date of conclusion of the contract of sale.
For seasonal goods (clothes, fur goods, footwear and other goods), the warranty period is calculated from the moment of the onset of the corresponding season, the date of which is determined by the authorized government agency subject of the Russian Federation, based on the climatic conditions of the location of buyers.
If the warranty period is less than two years and defects in the goods are discovered by the buyer after the expiration of the warranty period, but within two years, the seller is liable if the buyer proves that the defects in the goods arose before it was handed over to the buyer or for reasons that arose before that moment.
31. If the product does not have a warranty period or expiration date, claims related to the defects of the goods may be presented by the buyer, provided that the defects are discovered within a reasonable time, but within two years from the date of transfer of the goods to the buyer or within a longer period established in accordance with federal law or treaty.