Many businesses have to deal with the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being. Or, if simpler, Rospotrebnadzor. The Office may issue a warrant, a fine. However, businesses have a chance to avoid possible sanctions from the department. How can an entrepreneur build a competent interaction strategy with Rospotrebnadzor?
Powers of Rospotrebnadzor
What are the powers of this department? What does Rospotrebnadzor check? This body works on the basis of the Regulation signed by the Government of the Russian Federation in 2004. His powers are quite wide. Here are the main ones:
- supervision of compliance with the legal norms related to the sanitary category;
- control over the implementation of regulations aimed at protecting consumer rights;
- monitoring the activities of entrepreneurs engaged in the sale of goods, performing work or providing services for compliance with the rules established by law;
- quarantine control at the border of the Russian Federation;
- monitoring the quality and safety of products purchased for state needs (for example, flour, bread, pasta), as well as for the purpose of placing it in the state reserve;
- monitoring the quality of flour, bakery, and pasta imported into or exported from the country.
Another source of law regulating the work of the department is the Administrative Regulation, which reflects aspects of the fulfillment by the Rospotrebnadzor of the state function related to the verification of the activities of organizations, entrepreneurs and individuals for compliance with the requirements of sanitary legislation and other legal acts related to the protection of consumer rights, as well as norms present in the laws governing the sale of goods, performance of work and the provision of services. This document is particularly interesting in that it reflects the basic algorithms for conducting checks. The activities of Rospotrebnadzor are also regulated by the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs", designed to help businesses exercise their legal rights during inspections of state and municipal control bodies or oversight.
Who can check Rospotrebnadzor
What kind of enterprises can be audited by the department? According to current law, Rospotrebnadzor has the right to apply for almost any enterprise that provides services to individuals. The legal form of the business does not matter. The inspection of Rospotrebnadzor may concern an individual entrepreneur, a small LLC or a large-scale OJSC. Areas that may be of greatest interest to the agency are:
- retail trade in goods intended for personal use;
- the provision of services (including such as, for example, lending, insurance, but not limited to - all services that imply the occurrence of consumer relations are taken into account).
Checks are initiated based on a variety of criteria. A scheduled check of the Rospotrebnadzor is always possible. There is, in turn, the likelihood that the visit of the inspectors of the department will not be advertised in advance. The second option may be triggered, for example, by a complaint by the buyer or client. Later in the article, we will examine specific factors that influence the occurrence of an occasion for appropriate verification.
Reasons to check
The first option, in which the check of Rospotrebnadzor is possible: the organization is included in the list of those to whom the department is going to pay a visit according to the plan. The relevant document can be found on the website of the authority. As a rule, the planned visit of inspectors of Rospotrebnadzor is accompanied by a preliminary sending of a notification to the audited company.
In accordance with the law, Rospotrebnadzor can conduct scheduled inspections with a frequency of no more than once every three years. At the same time, coordination of this type of procedure with the prosecution authorities is mandatory. Information that such organizations are subject to verification, as we said above, should be posted on the agency’s website. Or, as an option, in the media.
Another thing is unscheduled inspections. As we said above, one of the reasons for their implementation may be a complaint by the store buyer or client of a service. As a rule, citizens apply to the territorial structure of the department - Rospotrebnadzor in Moscow or St. Petersburg. But customer complaints are not the only factors that may affect the initiation of an audit. There are other good reasons. For example, such:
- the period has expired during which the organization or entrepreneur must comply with the order issued by Rospotrebnadzor on the need to eliminate the violation of requirements, which are defined at the level of relevant legal acts;
- other individual entrepreneurs, officials from state or municipal government bodies applied to the department, and Rospotrebnadzor considered their appeal to be in line with its competence;
- a precedent has occurred at the enterprise related to an emergency of a natural or man-made nature, dangerous to citizens.
Note that the same "relevant legal acts" may reflect both federal and municipal legislation. If the city where the company that checks Rospotrebnadzor is registered is St. Petersburg, then in this case the control and supervision procedures will take into account the local legislation of the northern capital.
An unscheduled inspection should also be discussed with the prosecutor's office of the village. If the city where the Rospotrebnadzor will conduct the check is St. Petersburg, then the coordination should take place precisely with the prosecutor's offices of the northern capital. In the event that an emergency has become the basis, it is enough for the department to notify the relevant law enforcement agency within 24 hours after an unscheduled inspection.
Subject of verification
Suppose we are planning to pay a visit to our company (as part of a procedure such as a scheduled audit) of Rospotrebnadzor. What do inspectors check most often? The attention of specialists can attract a wide range of objects - the area of ​​the room, the level of illumination, the location relative to the residential blocks of the building (if the business is located in that). There is a possibility that inspectors will not like the fact that some entrances to the building are located in close proximity to private apartments. Investigation of businesses for violations, as a rule, is also accompanied by the study of documents that, based on legislative requirements, should be owned by the company, and the subsequent issuance of the act.
Required documents
So, on the nose - verification, Rospotrebnadzor. What is checked yet? As we have already said, documents can interest employees of the said department. What kind of? It depends on the profile of the organization. Most often, documents represent various kinds of conclusions written by the sanitary and epidemiological services. Also, in some cases, you may need to issue certificates of conformity for goods sold or products. Among the papers that the department will also require in some cases is an agreement with a specialized organization involved in the removal of solid waste (in practice, however, such agreements are usually signed by the owner of the premises - if the entrepreneur rents a workshop or office, then it’s enough to have copy of the document).
Inspectors can also check the expiration dates of products sold, how certain products are located relative to others, the temperature regime of product contents, and other types of standards. If the entrepreneur has hired employees, then Rospotrebnadzor will probably ask you to show the sanitary books issued for them (if the law requires them to be based on the position occupied by the specialists) and information about the medical examination. In many cases, the department also checks the quality of workers' overalls.
The most important document is a production control program . It should contain key provisions that reflect the rules for the exploitation of productive resources. For example, how the level of illumination in a room is controlled, the temperature in it, how regularly clothes are washed by specialists. Experts believe that this document is one of those that Rospotrebnadzor most often requests. The audit plan drawn up by the agency in this way can be largely reduced to monitoring the availability of production control programs for businesses.
Another important document is a disinfectant inventory journal. Its peculiarity is that it is subject to preliminary registration with the inspection authority itself. That is, the company should issue it in advance. The penalty for his absence is quite impressive - 20 thousand rubles.
Penalties
The main response of the department to violations by enterprises of sanitary and other legislation is fines. At the same time, orders are issued to them, according to which the business needs to eliminate violations. The fines of Rospotrebnadzor can reach several hundred thousand rubles. The principles for their determination are set forth in the Code of Administrative Offenses of the Russian Federation. However, the organization or entrepreneur has the right to appeal fines.
Response strategy
What the Rospotrebnadzor checks, we found out. At the same time, it will be useful to study the algorithm of actions, in case the department comes to our company with verification. What needs to be done at the time of the inspector's visit?
First of all, you should familiarize yourself with the contents of his official ID (as well as similar documents of other employees - if there are several inspectors). If everything is in order, then it makes sense to ask to show the order of Rospotrebnadzor to conduct the appropriate type of inspection. This kind of document should contain a number of mandatory information. Namely:
- an indication of which territorial department of Rospotrebnadzor is checking;
- Name of officials who are duly authorized to carry out the audit;
- Name of experts and partner organizations that are involved in the work of inspectors of Rospotrebnadzor;
- the name of the enterprise or the name of the individual entrepreneur in respect of which the verification is initiated;
- information about the objectives of the audit, its tasks, the immediate subject, as well as the timing;
- a list of grounds for initiating an audit with reference to legal acts;
- a list of mandatory requirements established by law (including municipal), the implementation of which the organization is subject to verification;
- information on activities that are associated with monitoring the implementation of tasks to achieve the objectives of the audit - the timing and list;
- a list of administrative regulations relevant to the verification procedures and control type of measures;
- a list of documents that an organization or individual entrepreneur needs to have in order for the verification objectives to be achieved;
- date of the beginning of the audit and its end.
Inspectors are also required to give the head of the organization a copy of this order. On it, the corresponding territorial administration of Rospotrebnadzor should put its seal.
Verification Nuances
As we said above, inspectors can check a fairly wide range of elements of the production process. What other noteworthy actions can specialists of the department take?
If inspectors involved sanitary doctors in their work, in this case, most likely, the very conclusions issued by the sanitary and epidemiological services, as well as certificates of compliance, will be checked. It all depends on the profile of the company, as well as on the types of goods sold. In particular, those products that must be certified without fail are reflected in the list that is prescribed in Government Decree No. 982 of December 1, 2009. As some experts note, the lack of relevant documents for goods sold is one of the most frequent violations that the inspectors of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare reveal.
Specialists of the department can also check the organization for compliance with SanPiN. Also, if we talk about documents, Rospotrebnadzor may request contracts concluded between a business and an organization that provides pest control and disinfestation services. In addition, specialists in epidemiology of Rospotrebnadzor can check to what extent the provisions of the relevant agreements are implemented in practice. That is, see, for example, whether there are insects or rodents in the room.
When not all actions are legitimate
We discussed what Rospotrebnadzor checks, examined the nuances of conducting the relevant control and supervisory measures. It will be useful to find out what actions the agency is not entitled to carry out. These include:
- verification by inspectors of the fulfillment of requirements that are assigned by other departments outside their competence;
- scheduled inspections if the organization’s officials or their representatives who are to participate in the event are absent from the workplace;
- require documents, information, samples of goods, if they are not included in the list of those that make up the object of verification;
- seize documents that can not be attributed to the subject of control and supervision measures;
- require samples of goods or products in order to examine them in the order of examination, without having drawn up a duly drawn up act on the appropriate sampling;
- take product samples in excess of those established in the relevant regulatory documents;
- violate trade secrets, disclose information that is protected by the relevant norms of the law, if they are obtained during the audit (unless otherwise prescribed in legal acts).
What checks Rospotrebnadzor, as well as what are the limitations of its possible actions, we found out. The most important moment is the documentary registration of information on control and supervision measures carried out by the department. Organizations and entrepreneurs should keep a special accounting journal, drawn up by means of firmware, numbering, and also certified by the seal of the company, in which information reflecting the actions of the inspection agency is to be recorded. Each time a territorial Rospotrebnadzor comes on a visit, it is necessary to make appropriate entries in this journal. They should contain the following data:
- name of supervisor;
- date, time of verification;
- legal grounds for conducting a control and supervisory measure;
- goals, objectives of verification;
- the subject of the department's event;
- list of violations;
- Information on protocols and regulations drawn up by inspectors.
The journal should also indicate the full name, as well as the position of representatives of Rospotrebnadzor, who were directly involved in the audit. They must subscribe to the information reflected in the document in question.
Final documents
After Rospotrebnadzor conducts the audit, department specialists are required to draw up an act on the relevant event. It should reflect the results of control and supervisory procedures.
The act is drawn up in duplicate. It should contain the following information:
- date, time, address of compilation;
- name of the structure of Rospotrebnadzor that conducted the audit;
- the date, as well as the number of the order in accordance with which the control and supervision measure was carried out;
- Name and position of the department’s specialists who conducted the audit;
- the name of the organization being audited, the name of the head or his representative, who were present during the control and supervision procedures (as well as information of an individual entrepreneur of a similar type);
- date, time, duration, address of the audit;
- information on the results of control and supervision measures, on violations that the specialists of Rospotrebnadzor managed to identify (the nature of the inconsistency with legal acts, the persons who committed them, etc.);
- data reflecting the fact of familiarization (or refusal from it) with the current act of verification of the head of the company (his representative) or individual entrepreneur;
- information on the entry in the accounting journal (which we talked about above) of records about the control and supervision measure taken or about the impossibility of fixing the relevant information due to the fact that the necessary document was not available to the organization or individual entrepreneur;
- signatures of experts of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare who conducted the audit.
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