What is a scheduled and unscheduled inspection of Rospotrebnadzor. Unscheduled inspection of Rospotrebnadzor: everything you need to know. Scheduled inspections of Rospotrebnadzor

Attention!

unscheduled

government departments

What is Rospotrebnadzor

Include:

Will make - 10-20 minimum wage.

no pediculicides

incomplete set of HIV kit

It must be said that Rospotrebnadzor pays the most attention to catering and food trade enterprises.

What to expect from the inspection of Rospotrebnadzor and how to pass it?

And this is understandable - what we eat should be tested and safe for health.

Depending on the specifics of the organization's activities and the requirements of the SES for the type of activity, the main list is supplemented.

Scheduled inspections of Rospotrebnadzor

Carried out according to the schedule, the frequency of inspections of Rospotrebnadzor every 3 years (except for medical enterprises). Also, if the supervisory authorities received a notification about new activities that require a commission.

The schedule (plan) of inspections can be found on the official website. Supervisory authorities must notify in advance of a visit to an individual entrepreneur or the head of the company (at least 3 days in advance). This is due to the fact that in the absence of the head of the enterprise or a senior employee at the workplace, an inspection cannot be carried out.

Scheduled inspections are inevitable for all newly minted entrepreneurs and firms.

Commissions are visiting and documentary (cameral).

Find out if your organization is eligible scheduled inspections for 2017 Rospotrebnadzor you can here - the schedule of inspections of Rospotrebnadzor for 2017

Unscheduled inspections of Rospotrebnadzor

Attention!

Since 2015, Rospotrebnadzor has the right to carry out unscheduled inspections without warning!

unscheduled inspections of Rospotrebnadzor without warning possible since 2015 after the amendment of the federal law "On the quality and safety of food products". Without warning, an on-site inspection by state supervision bodies can threaten any catering company, manufacturer or organization selling food products.

Commission of Rospotrebnadzor outside the period specified in the schedule.

Grounds for an unscheduled inspection of Rospotrebnadzor:

poor quality of products and services
unscheduled field inspection of Rospotrebnadzor on the complaint of the buyer (consumer)

The right to file such complaints are:

ordinary consumer buyers
employees of self-government bodies following the civil initiative
government departments

These checks are intended to confirm or refute the facts, the violation of which is indicated in the complaint.

Owners of enterprises are also notified about these checks - no later than 24 hours in advance. There are exceptions when urgent measures are needed, for example, if there is reason to suspect serious forms of poisoning or dangerous infections.

What is Rospotrebnadzor

Rospotrebnadzor is a state structure that controls the work of organizations in order to protect consumer rights and human health. The composition of Rospotrebnadzor includes the Centers for Hygiene and Epidemiology supervised by it and all territorial SESs that carry out commissions and respond to complaints from citizens about the facts of non-compliance with sanitary standards.

Part of the functions of sanitary control of enterprises and other measures to protect the rights of consumers is implemented by the Center for Geological and Environmental Protection, and part is carried out by territorial bodies.

Rospotrebnadzor controls the sanitary and epidemiological situation:

at catering points (all cafes, restaurants, canteens)
at any production enterprises related to food products and not only (working conditions, condition of premises, also residential)
in the development of building schemes, during the construction process

Functions and powers of Rospotrebnadzor

The powers of Rospotrebnadzor during the inspection include:

verification of all documents of an organization of any form of ownership, employment contracts, medical books, conclusions of the fire service and sanitary authorities,
maintaining logs of necessary sanitary measures, licenses for goods and services, certificates, work of cash registers at trade enterprises
issuance of instructions to correct the identified violations, verification of compliance with the instructions
drawing up protocols, imposing fines
monitoring the implementation of the law on the protection of consumer rights
issuance of SEZ upon successful completion of the commission
checking the sanitary and hygienic condition of objects
certification of employees involved in the production, sale, etc. of food and drinking water
accounting, statistics, coordination of work of departments
monitoring the state of air, soil, waste disposal
checking the availability and timeliness of the implementation of sanitary measures

Rospotrebnadzor has the right to study the sanitary documentation of firms, conduct a visual inspection and other examinations.

Types of inspections of Rospotrebnadzor (SES)

What threatens the inspection of Rospotrebnadzor - sanctions for violations

The Supervisory Service, in case of detection of inconsistencies with the requirements of the law, can apply the following measures:

issuance of an order to correct detected violations
imposition of fines for violations that are within the competence of the SES
suspension of the activity of the entrepreneur for the period necessary to correct violations
filing an application with the court (in case of a threat or a fait accompli of a mass disease due to the fault of the enterprise)

Actions that caused the spread of infection are punishable by fines (from 100 to 200 minimum wages), as well as possible imprisonment (from 2 to 5 years, depending on the magnitude of the epidemic).

If non-compliance with sanitary standards is detected, the fine is not so large - 5-10 minimum wages (minimum wage) or a stoppage of activities for 3 months to be corrected. If the violations found relate to the premises, operational standards identified during the inspections of Rospotrebnadzor inspection fines will amount to 10-20 minimum wages.

In case of gross violations, when a fine is an insufficient measure, the perpetrator runs the risk of going to jail by a court decision.

So, the average amount of fines is 20-200 thousand rubles. Often, it is required to provide an explanatory note to the supervisory authorities, with the provision of the necessary documentation. A protocol is drawn up on bringing to administrative responsibility.

The amount of the fine is determined, among other things, by those who are guilty - officials of the institution, the company itself, ordinary workers. The fine for a legal entity will be more than the amount of the monetary recovery from an individual (individual entrepreneur or, for example, a seller).

In order for your company not to suffer from sanctions, comply with sanitary requirements, and remember that it is better to extinguish fines immediately, and correct violations and inconsistencies without delay.

Common violations of organizations during the inspection of Rospotrebnadzor:

Inspection by Rospotrebnadzor of a beauty salon, hairdressing salons

Common inconsistencies when checking beauty salons by Rospotrebnadzor:

inconsistency of floor space
no ultraviolet germicidal irradiators (for air disinfection)
lack of accounting for the functioning of irradiators
not following the rules for processing tools
manicure and pedicure done in one office
there is no room for storing hair, waste, a dedicated place for washing clothes
the rules for storing fluorescent bulbs are not observed
no foot bath in pedicure room
no triple tool kit installed
no pediculicides
poor sanitation of the premises
there are no markings on the intended use on the containers with disinfectants
employees did not pass medical examinations
no sign at the entrance to the barbershop or beauty salon

Documents for a beauty salon and a hairdressing salon required for inspections by Rospotrebnadzor

Inspection of medical institutions by Rospotrebnadzor. Common Violations

contracts for the provision of paid services (for example, dentistry) do not indicate warranty periods, terms for the provision of services and other necessary information
lack of information about the qualifications of doctors at the information stand in the clinic
non-compliance with the norms of the anti-epidemiological regime, processing of equipment, sterilization of consumables (dentistry)
inventory is not disinfected, the wrong choice of concentration of disinfectants
there is no independent exhaust system in the bathroom
personal hygiene of workers - lack of conditions for compliance
incomplete set of HIV kit
disposable instruments are not disinfected before removal and destruction
no markings on containers for surface disinfection
dimensions and decoration in the premises do not meet the standards of the hospital or clinic
absence, incorrect design of price tags for related products on sale
employees do not undergo proper training before working with sources of ionizing radiation
there is no individual dosimetric check of employees, dose records are not filled out

A package of documents for checking the Rospotrebnadzor of a medical center

Pharmacy establishments. Common violations when checking pharmacies by Rospotrebnadzor

Violations of the SanPin requirements regarding the microclimate (temperature and humidity regime)
incorrectly organized process of washing linen and overalls
failure to pass preliminary and regular medical examinations of employees on time
storage conditions of medicinal products and their terms of sale are violated
thermolabile drugs are stored at an unacceptable temperature
the client does not receive complete information about the drugs, such as: composition, indications, price, side effects

What documents are required when checking pharmacies by Rospotrebnadzor

Inspection by Rospotrebnadzor of a public catering organization. Common Violations

The main violations detected in catering establishments:

the area of the organization does not correspond to the range that is declared
the requirements for the operation and maintenance of ventilation systems are not met
the flow of the technological process is broken (finished products "intersect" with raw and semi-finished products, clean dishes with dirty ones)
people who have not passed a medical examination
there is no marking on cutting equipment, there is no necessary equipment and staff for cleaning and cleaning
non-compliance with the technology of manufacturing products (re-freezing of fish or meat), violation of the shelf life of semi-finished products during storage, the mode of processing products does not meet the standards
there is no timely rejection of manufactured food products
acceptance and sale of expired products, without documentation (confirmation of safety, quality), labeling; or the marking on the products contains a future date
work is carried out with equipment without hygienic coatings that are convenient for sanitization
laboratory and production control of products is not implemented properly

Documents for public catering (cafe, restaurant, canteen, hookah), required during the inspection of Rospotrebnadzor

Inspection of the store by Rospotrebnadzor. Common Violations

sanitary and technical characteristics of the premises do not meet the requirements
there are no measuring devices to control the temperature and humidity conditions of storage of products in warehouses
food products are stored in the wrong places, outside the warehouse
disorganization of production control, not following the PPC program
lack of examination protocols
volume, frequency of studies are not observed
storage and sale of products without marking, Russian-language information, or with marking that does not comply with the norms of the legislation of the Russian Federation
incorrect design of price tags, lack of complete information on them

Documents for the store required for Rospotrebnadzor inspections

In addition to these organizations, private kindergartens and schools, car washes, gas stations are also significantly subject to inspections by Rospotrebnadzor, regardless of the organizational form of the enterprise - LLC, individual entrepreneur, etc.

What documents are issued based on the results of inspections of Rospotrebnadzor

Sanitary and epidemiological conclusion. It is necessary as an indicator of product compliance with all necessary sanitary standards. Many customers of products prefer to work only with those deliveries, the goods of which have a sanitary-epidemiological conclusion. Examination is carried out at the request of the supplier or manufacturer of products.

The act of inspection of Rospotrebnadzor. The Rospotrebnadzor inspection algorithm involves filling out a document that reflects the results of the SES commission. One copy of the act remains with the inspectors, the second is issued to the enterprise or individual entrepreneur who was tested. A receipt is issued on the availability and transfer of the act to the enterprise, an entry is made in the inspection control log.

If inconsistencies and violations are found, they are recorded in the protocol, certified by the employees of Rospotrebnadzor and the representative of the audited company responsible for the violations.

What Rospotrebnadzor is not entitled to do

According to the regulations, the auditor is not supposed to:

go beyond the limits of their competence when checking mandatory requirements
conduct an on-site inspection, in the case of the head of the organization, his deputy or an authorized person (except for situations where the need for inspection is due to a direct danger to life, public health, environmental damage and various emergency situations).
request irrelevant information, any documents, and even more so to take such documents
conduct surveys and take samples of products, samples from the environment, without recording their actions, or exceed the established number of required samples
information based on the results of the check is a state secret and is protected by law - it cannot be distributed
go beyond the deadlines when conducting an audit

Any inspection must be carried out in strict adherence to the regulations of inspections.

Download pdf official regulation of inspections of Rospotrebnadzor (opens in a new window)

How to prepare for an inspection by Rospotrebnadzor

The best option is the constant observance and maintenance of sanitary norms and rules in the company, control of proper documentation. Then you don't have to hurry to think about how to eliminate the shortcomings.

If there are still discrepancies, or you want to be 100% sure that the test will pass successfully, you can contact a specialized organization. SES-DOK will help at all stages preparation for the inspection of Rospotrebnadzor and collection of documents, carrying out sanitary measures, advising personnel in connection with the inspection.

How to behave during the inspection of Rospotrebnadzor

Rospotrebnadzor inspections in 2018: what they check, how to prepare, what they fine for

Check out the rules in advance. And remember, the procedure for conducting an audit of the SES dictates that only the head or a person who has received a power of attorney can represent the organization. If, for example, an inspection comes to a store, and there is only a seller who is not authorized by the management to accept an inspection by Rospotrebnadzor, this is the basis for refusing officials. You can prescribe in the employee's job description that he is not entitled to represent the organization at inspections.

If an inspection has arrived, and the employee should not meet it, he should immediately present the relevant documents to the commission, notify his management and offer to wait for the arrival of the director or authorized person. The employee should not sign any documents. If there is no other way, you need to study them properly, do not recognize possible accusations and negative circumstances, perhaps use the general phrases “with comments, objections that will be provided later.”

Do not be nervous, communicate with the commission in a calm business manner, be open, but do not provide redundant information that may inadvertently give ground for thought. This applies to both management and employees, who should be instructed in advance how to behave during the inspection of Rospotrebnadzor, about the best course of action. Remember, the general purpose of an inspection visit is to ensure the sanitary well-being of the enterprise, and not to find a reason for sanctions. But be prepared for the fact that the commission will approach the matter scrupulously.

You also need to defend your rights in a calm and confident manner - knowledge of your rights will give you confidence, you should not turn the situation into a conflict. Remember that the decision on fines must be reasoned and recorded, otherwise it is bribery, which is a crime.

Important: the enterprise must have a register of inspections of the established sample, where detailed information about the event, data of participants, results of the inspection of the company are entered. This will benefit your organization, first of all - for example, if you need evidence that the inspection has already come.

Documents for Rospotrebnadzor in 2017

The SES-DOK service will provide you with a list of documents for the SES for any type of activity, as well as a general list of documents.

What are health care providers interested in?

a complete and correctly executed package of sanitary documents of the company

maintaining proper sanitary condition at the enterprise, working conditions

the regularity of the necessary sanitary procedures, examinations, activities

The company SES-DOK Moscow offers highly qualified assistance in preparing for the inspection of Rospotrebnadzor at any stage of your activity

What and how does Rospotrebnadzor check. Violations and penalties during inspections

Scheduled inspections of Rospotrebnadzor

Scheduled inspections are inevitable for all newly minted entrepreneurs and firms.

Commissions are visiting and documentary (cameral).

Find out if your organization is eligible scheduled inspections for 2017 Rospotrebnadzor you can here - the schedule of inspections of Rospotrebnadzor for 2017

Unscheduled inspections of Rospotrebnadzor

Attention!

Since 2015, Rospotrebnadzor has the right to carry out unscheduled inspections without warning!

Commission of Rospotrebnadzor outside the period specified in the schedule.

Grounds for an unscheduled inspection of Rospotrebnadzor:

poor quality of products and services
unscheduled field inspection of Rospotrebnadzor on the complaint of the buyer (consumer)

The right to file such complaints are:

ordinary consumer buyers
employees of self-government bodies following the civil initiative
government departments

These checks are intended to confirm or refute the facts, the violation of which is indicated in the complaint.

Owners of enterprises are also notified about these checks - no later than 24 hours in advance.

Rospotrebnadzor checks: causes, procedure, consequences

There are exceptions when urgent measures are needed, for example, if there is reason to suspect serious forms of poisoning or dangerous infections.

What is Rospotrebnadzor

Rospotrebnadzor controls the sanitary and epidemiological situation:

at catering points (all cafes, restaurants, canteens)
at any production enterprises related to food products and not only (working conditions, condition of premises, also residential)
in the development of building schemes, during the construction process

Functions and powers of Rospotrebnadzor

The powers of Rospotrebnadzor during the inspection include:

verification of all documents of an organization of any form of ownership, employment contracts, medical books, conclusions of the fire service and sanitary authorities,
maintaining logs of necessary sanitary measures, licenses for goods and services, certificates, work of cash registers at trade enterprises
issuance of instructions to correct the identified violations, verification of compliance with the instructions
drawing up protocols, imposing fines
monitoring the implementation of the law on the protection of consumer rights
issuance of SEZ upon successful completion of the commission
checking the sanitary and hygienic condition of objects
certification of employees involved in the production, sale, etc. of food and drinking water
accounting, statistics, coordination of work of departments
monitoring the state of air, soil, waste disposal
checking the availability and timeliness of the implementation of sanitary measures

Rospotrebnadzor has the right to study the sanitary documentation of firms, conduct a visual inspection and other examinations.

Types of inspections of Rospotrebnadzor (SES)

What threatens the inspection of Rospotrebnadzor - sanctions for violations

The Supervisory Service, in case of detection of inconsistencies with the requirements of the law, can apply the following measures:

issuance of an order to correct detected violations
imposition of fines for violations that are within the competence of the SES
suspension of the activity of the entrepreneur for the period necessary to correct violations
filing an application with the court (in case of a threat or a fait accompli of a mass disease due to the fault of the enterprise)

Actions that caused the spread of infection are punishable by fines (from 100 to 200 minimum wages), as well as possible imprisonment (from 2 to 5 years, depending on the magnitude of the epidemic).

In case of gross violations, when a fine is an insufficient measure, the perpetrator runs the risk of going to jail by a court decision.

Common violations of organizations during the inspection of Rospotrebnadzor:

Inspection by Rospotrebnadzor of a beauty salon, hairdressing salons

Common inconsistencies when checking beauty salons by Rospotrebnadzor:

inconsistency of floor space
no ultraviolet germicidal irradiators (for air disinfection)
lack of accounting for the functioning of irradiators
not following the rules for processing tools
manicure and pedicure done in one office
there is no room for storing hair, waste, a dedicated place for washing clothes
the rules for storing fluorescent bulbs are not observed
no foot bath in pedicure room
no triple tool kit installed
no pediculicides
poor sanitation of the premises
there are no markings on the intended use on the containers with disinfectants
employees did not pass medical examinations
no sign at the entrance to the barbershop or beauty salon

Documents for a beauty salon and a hairdressing salon required for inspections by Rospotrebnadzor

Inspection of medical institutions by Rospotrebnadzor. Common Violations

contracts for the provision of paid services (for example, dentistry) do not indicate warranty periods, terms for the provision of services and other necessary information
lack of information about the qualifications of doctors at the information stand in the clinic
non-compliance with the norms of the anti-epidemiological regime, processing of equipment, sterilization of consumables (dentistry)
inventory is not disinfected, the wrong choice of concentration of disinfectants
there is no independent exhaust system in the bathroom
personal hygiene of workers - lack of conditions for compliance
incomplete set of HIV kit
disposable instruments are not disinfected before removal and destruction
no markings on containers for surface disinfection
dimensions and decoration in the premises do not meet the standards of the hospital or clinic
absence, incorrect design of price tags for related products on sale
employees do not undergo proper training before working with sources of ionizing radiation
there is no individual dosimetric check of employees, dose records are not filled out

A package of documents for checking the Rospotrebnadzor of a medical center

Pharmacy establishments. Common violations when checking pharmacies by Rospotrebnadzor

Violations of the SanPin requirements regarding the microclimate (temperature and humidity regime)
incorrectly organized process of washing linen and overalls
failure to pass preliminary and regular medical examinations of employees on time
storage conditions of medicinal products and their terms of sale are violated
thermolabile drugs are stored at an unacceptable temperature
the client does not receive complete information about the drugs, such as: composition, indications, price, side effects

What documents are required when checking pharmacies by Rospotrebnadzor

Inspection by Rospotrebnadzor of a public catering organization. Common Violations

It must be said that Rospotrebnadzor pays the most attention to catering and food trade enterprises. And this is understandable - what we eat should be tested and safe for health.

The main violations detected in catering establishments:

the area of the organization does not correspond to the range that is declared
the requirements for the operation and maintenance of ventilation systems are not met
the flow of the technological process is broken (finished products "intersect" with raw and semi-finished products, clean dishes with dirty ones)
people who have not passed a medical examination
there is no marking on cutting equipment, there is no necessary equipment and staff for cleaning and cleaning
non-compliance with the technology of manufacturing products (re-freezing of fish or meat), violation of the shelf life of semi-finished products during storage, the mode of processing products does not meet the standards
there is no timely rejection of manufactured food products
acceptance and sale of expired products, without documentation (confirmation of safety, quality), labeling; or the marking on the products contains a future date
work is carried out with equipment without hygienic coatings that are convenient for sanitization
laboratory and production control of products is not implemented properly

Documents for public catering (cafe, restaurant, canteen, hookah), required during the inspection of Rospotrebnadzor

Inspection of the store by Rospotrebnadzor. Common Violations

sanitary and technical characteristics of the premises do not meet the requirements
there are no measuring devices to control the temperature and humidity conditions of storage of products in warehouses
food products are stored in the wrong places, outside the warehouse
disorganization of production control, not following the PPC program
lack of examination protocols
volume, frequency of studies are not observed
storage and sale of products without marking, Russian-language information, or with marking that does not comply with the norms of the legislation of the Russian Federation
incorrect design of price tags, lack of complete information on them

Documents for the store required for Rospotrebnadzor inspections

What documents are issued based on the results of inspections of Rospotrebnadzor

What Rospotrebnadzor is not entitled to do

According to the regulations, the auditor is not supposed to:

go beyond the limits of their competence when checking mandatory requirements
conduct an on-site inspection, in the case of the head of the organization, his deputy or an authorized person (except for situations where the need for inspection is due to a direct danger to life, public health, environmental damage and various emergency situations).
request irrelevant information, any documents, and even more so to take such documents
conduct surveys and take samples of products, samples from the environment, without recording their actions, or exceed the established number of required samples
information based on the results of the check is a state secret and is protected by law - it cannot be distributed
go beyond the deadlines when conducting an audit

Any inspection must be carried out in strict adherence to the regulations of inspections.

Download pdf official regulation of inspections of Rospotrebnadzor (opens in a new window)

How to prepare for an inspection by Rospotrebnadzor

How to behave during the inspection of Rospotrebnadzor

So, you prepared for the test as best you could, and this hour has come. Carefully check the permits for the commission - any violations or lack of information give you the right not to accept the inspection. Check out the rules in advance. And remember, the procedure for conducting an audit of the SES dictates that only the head or a person who has received a power of attorney can represent the organization. If, for example, an inspection comes to a store, and there is only a seller who is not authorized by the management to accept an inspection by Rospotrebnadzor, this is the basis for refusing officials. You can prescribe in the employee's job description that he is not entitled to represent the organization at inspections.

Documents for Rospotrebnadzor in 2017

The SES-DOK service will provide you with a list of documents for the SES for any type of activity, as well as a general list of documents.

In short, these are the constituent documents of the company, documents related to the functioning of the building, premises, contracts (for garbage disposal, etc.) and registers of sanitary procedures, bacteriological examinations. Depending on the specifics of the organization's activities and the requirements of the SES for the type of activity, the main list is supplemented.

What are health care providers interested in?

a complete and correctly executed package of sanitary documents of the company

maintaining proper sanitary condition at the enterprise, working conditions

the regularity of the necessary sanitary procedures, examinations, activities

The company SES-DOK Moscow offers highly qualified assistance in preparing for the inspection of Rospotrebnadzor at any stage of your activity

What and how does Rospotrebnadzor check. Violations and penalties during inspections

Scheduled inspections of Rospotrebnadzor

Scheduled inspections are inevitable for all newly minted entrepreneurs and firms.

Commissions are visiting and documentary (cameral).

Find out if your organization is eligible scheduled inspections for 2017 Rospotrebnadzor you can here - the schedule of inspections of Rospotrebnadzor for 2017

Unscheduled inspections of Rospotrebnadzor

Attention!

Since 2015, Rospotrebnadzor has the right to carry out unscheduled inspections without warning!

Commission of Rospotrebnadzor outside the period specified in the schedule.

Grounds for an unscheduled inspection of Rospotrebnadzor:

poor quality of products and services
unscheduled field inspection of Rospotrebnadzor on the complaint of the buyer (consumer)

The right to file such complaints are:

ordinary consumer buyers
employees of self-government bodies following the civil initiative
government departments

These checks are intended to confirm or refute the facts, the violation of which is indicated in the complaint.

What is Rospotrebnadzor

Rospotrebnadzor controls the sanitary and epidemiological situation:

at catering points (all cafes, restaurants, canteens)
at any production enterprises related to food products and not only (working conditions, condition of premises, also residential)
in the development of building schemes, during the construction process

Functions and powers of Rospotrebnadzor

The powers of Rospotrebnadzor during the inspection include:

verification of all documents of an organization of any form of ownership, employment contracts, medical books, conclusions of the fire service and sanitary authorities,
maintaining logs of necessary sanitary measures, licenses for goods and services, certificates, work of cash registers at trade enterprises
issuance of instructions to correct the identified violations, verification of compliance with the instructions
drawing up protocols, imposing fines
monitoring the implementation of the law on the protection of consumer rights
issuance of SEZ upon successful completion of the commission
checking the sanitary and hygienic condition of objects
certification of employees involved in the production, sale, etc. of food and drinking water
accounting, statistics, coordination of work of departments
monitoring the state of air, soil, waste disposal
checking the availability and timeliness of the implementation of sanitary measures

Rospotrebnadzor has the right to study the sanitary documentation of firms, conduct a visual inspection and other examinations.

Types of inspections of Rospotrebnadzor (SES)

What threatens the inspection of Rospotrebnadzor - sanctions for violations

The Supervisory Service, in case of detection of inconsistencies with the requirements of the law, can apply the following measures:

issuance of an order to correct detected violations
imposition of fines for violations that are within the competence of the SES
suspension of the activity of the entrepreneur for the period necessary to correct violations
filing an application with the court (in case of a threat or a fait accompli of a mass disease due to the fault of the enterprise)

Actions that caused the spread of infection are punishable by fines (from 100 to 200 minimum wages), as well as possible imprisonment (from 2 to 5 years, depending on the magnitude of the epidemic).

In case of gross violations, when a fine is an insufficient measure, the perpetrator runs the risk of going to jail by a court decision.

Common violations of organizations during the inspection of Rospotrebnadzor:

Inspection by Rospotrebnadzor of a beauty salon, hairdressing salons

Common inconsistencies when checking beauty salons by Rospotrebnadzor:

inconsistency of floor space
no ultraviolet germicidal irradiators (for air disinfection)
lack of accounting for the functioning of irradiators
not following the rules for processing tools
manicure and pedicure done in one office
there is no room for storing hair, waste, a dedicated place for washing clothes
the rules for storing fluorescent bulbs are not observed
no foot bath in pedicure room
no triple tool kit installed
no pediculicides
poor sanitation of the premises
there are no markings on the intended use on the containers with disinfectants
employees did not pass medical examinations
no sign at the entrance to the barbershop or beauty salon

Documents for a beauty salon and a hairdressing salon required for inspections by Rospotrebnadzor

Inspection of medical institutions by Rospotrebnadzor. Common Violations

contracts for the provision of paid services (for example, dentistry) do not indicate warranty periods, terms for the provision of services and other necessary information
lack of information about the qualifications of doctors at the information stand in the clinic
non-compliance with the norms of the anti-epidemiological regime, processing of equipment, sterilization of consumables (dentistry)
inventory is not disinfected, the wrong choice of concentration of disinfectants
there is no independent exhaust system in the bathroom
personal hygiene of workers - lack of conditions for compliance
incomplete set of HIV kit
disposable instruments are not disinfected before removal and destruction
no markings on containers for surface disinfection
dimensions and decoration in the premises do not meet the standards of the hospital or clinic
absence, incorrect design of price tags for related products on sale
employees do not undergo proper training before working with sources of ionizing radiation
there is no individual dosimetric check of employees, dose records are not filled out

A package of documents for checking the Rospotrebnadzor of a medical center

Pharmacy establishments. Common violations when checking pharmacies by Rospotrebnadzor

Violations of the SanPin requirements regarding the microclimate (temperature and humidity regime)
incorrectly organized process of washing linen and overalls
failure to pass preliminary and regular medical examinations of employees on time
storage conditions of medicinal products and their terms of sale are violated
thermolabile drugs are stored at an unacceptable temperature
the client does not receive complete information about the drugs, such as: composition, indications, price, side effects

What documents are required when checking pharmacies by Rospotrebnadzor

Inspection by Rospotrebnadzor of a public catering organization. Common Violations

It must be said that Rospotrebnadzor pays the most attention to catering and food trade enterprises. And this is understandable - what we eat should be tested and safe for health.

The main violations detected in catering establishments:

the area of the organization does not correspond to the range that is declared
the requirements for the operation and maintenance of ventilation systems are not met
the flow of the technological process is broken (finished products "intersect" with raw and semi-finished products, clean dishes with dirty ones)
people who have not passed a medical examination
there is no marking on cutting equipment, there is no necessary equipment and staff for cleaning and cleaning
non-compliance with the technology of manufacturing products (re-freezing of fish or meat), violation of the shelf life of semi-finished products during storage, the mode of processing products does not meet the standards
there is no timely rejection of manufactured food products
acceptance and sale of expired products, without documentation (confirmation of safety, quality), labeling; or the marking on the products contains a future date
work is carried out with equipment without hygienic coatings that are convenient for sanitization
laboratory and production control of products is not implemented properly

Documents for public catering (cafe, restaurant, canteen, hookah), required during the inspection of Rospotrebnadzor

Inspection of the store by Rospotrebnadzor. Common Violations

sanitary and technical characteristics of the premises do not meet the requirements
there are no measuring devices to control the temperature and humidity conditions of storage of products in warehouses
food products are stored in the wrong places, outside the warehouse
disorganization of production control, not following the PPC program
lack of examination protocols
volume, frequency of studies are not observed
storage and sale of products without marking, Russian-language information, or with marking that does not comply with the norms of the legislation of the Russian Federation
incorrect design of price tags, lack of complete information on them

Documents for the store required for Rospotrebnadzor inspections

What documents are issued based on the results of inspections of Rospotrebnadzor

Sanitary and epidemiological conclusion.

How often and what does Rospotrebnadzor have the right to check

It is necessary as an indicator of product compliance with all necessary sanitary standards. Many customers of products prefer to work only with those deliveries, the goods of which have a sanitary-epidemiological conclusion. Examination is carried out at the request of the supplier or manufacturer of products.

What Rospotrebnadzor is not entitled to do

According to the regulations, the auditor is not supposed to:

go beyond the limits of their competence when checking mandatory requirements
conduct an on-site inspection, in the case of the head of the organization, his deputy or an authorized person (except for situations where the need for inspection is due to a direct danger to life, public health, environmental damage and various emergency situations).
request irrelevant information, any documents, and even more so to take such documents
conduct surveys and take samples of products, samples from the environment, without recording their actions, or exceed the established number of required samples
information based on the results of the check is a state secret and is protected by law - it cannot be distributed
go beyond the deadlines when conducting an audit

Any inspection must be carried out in strict adherence to the regulations of inspections.

Download pdf official regulation of inspections of Rospotrebnadzor (opens in a new window)

How to prepare for an inspection by Rospotrebnadzor

How to behave during the inspection of Rospotrebnadzor

Documents for Rospotrebnadzor in 2017

The SES-DOK service will provide you with a list of documents for the SES for any type of activity, as well as a general list of documents.

What are health care providers interested in?

a complete and correctly executed package of sanitary documents of the company

maintaining proper sanitary condition at the enterprise, working conditions

the regularity of the necessary sanitary procedures, examinations, activities

The company SES-DOK Moscow offers highly qualified assistance in preparing for the inspection of Rospotrebnadzor at any stage of your activity

What and how does Rospotrebnadzor check. Violations and penalties during inspections

Scheduled inspections of Rospotrebnadzor

Scheduled inspections are inevitable for all newly minted entrepreneurs and firms.

Commissions are visiting and documentary (cameral).

Find out if your organization is eligible scheduled inspections for 2017 Rospotrebnadzor you can here - the schedule of inspections of Rospotrebnadzor for 2017

Unscheduled inspections of Rospotrebnadzor

Attention!

Since 2015, Rospotrebnadzor has the right to carry out unscheduled inspections without warning!

Commission of Rospotrebnadzor outside the period specified in the schedule.

Grounds for an unscheduled inspection of Rospotrebnadzor:

poor quality of products and services
unscheduled field inspection of Rospotrebnadzor on the complaint of the buyer (consumer)

The right to file such complaints are:

ordinary consumer buyers
employees of self-government bodies following the civil initiative
government departments

These checks are intended to confirm or refute the facts, the violation of which is indicated in the complaint.

What is Rospotrebnadzor

Rospotrebnadzor controls the sanitary and epidemiological situation:

at catering points (all cafes, restaurants, canteens)
at any production enterprises related to food products and not only (working conditions, condition of premises, also residential)
in the development of building schemes, during the construction process

Functions and powers of Rospotrebnadzor

The powers of Rospotrebnadzor during the inspection include:

verification of all documents of an organization of any form of ownership, employment contracts, medical books, conclusions of the fire service and sanitary authorities,
maintaining logs of necessary sanitary measures, licenses for goods and services, certificates, work of cash registers at trade enterprises
issuance of instructions to correct the identified violations, verification of compliance with the instructions
drawing up protocols, imposing fines
monitoring the implementation of the law on the protection of consumer rights
issuance of SEZ upon successful completion of the commission
checking the sanitary and hygienic condition of objects
certification of employees involved in the production, sale, etc. of food and drinking water
accounting, statistics, coordination of work of departments
monitoring the state of air, soil, waste disposal
checking the availability and timeliness of the implementation of sanitary measures

Rospotrebnadzor has the right to study the sanitary documentation of firms, conduct a visual inspection and other examinations.

Types of inspections of Rospotrebnadzor (SES)

What threatens the inspection of Rospotrebnadzor - sanctions for violations

The Supervisory Service, in case of detection of inconsistencies with the requirements of the law, can apply the following measures:

issuance of an order to correct detected violations
imposition of fines for violations that are within the competence of the SES
suspension of the activity of the entrepreneur for the period necessary to correct violations
filing an application with the court (in case of a threat or a fait accompli of a mass disease due to the fault of the enterprise)

Actions that caused the spread of infection are punishable by fines (from 100 to 200 minimum wages), as well as possible imprisonment (from 2 to 5 years, depending on the magnitude of the epidemic).

In case of gross violations, when a fine is an insufficient measure, the perpetrator runs the risk of going to jail by a court decision.

Common violations of organizations during the inspection of Rospotrebnadzor:

Inspection by Rospotrebnadzor of a beauty salon, hairdressing salons

Common inconsistencies when checking beauty salons by Rospotrebnadzor:

inconsistency of floor space
no ultraviolet germicidal irradiators (for air disinfection)
lack of accounting for the functioning of irradiators
not following the rules for processing tools
manicure and pedicure done in one office
there is no room for storing hair, waste, a dedicated place for washing clothes
the rules for storing fluorescent bulbs are not observed
no foot bath in pedicure room
no triple tool kit installed
no pediculicides
poor sanitation of the premises
there are no markings on the intended use on the containers with disinfectants
employees did not pass medical examinations
no sign at the entrance to the barbershop or beauty salon

Documents for a beauty salon and a hairdressing salon required for inspections by Rospotrebnadzor

Inspection of medical institutions by Rospotrebnadzor. Common Violations

contracts for the provision of paid services (for example, dentistry) do not indicate warranty periods, terms for the provision of services and other necessary information
lack of information about the qualifications of doctors at the information stand in the clinic
non-compliance with the norms of the anti-epidemiological regime, processing of equipment, sterilization of consumables (dentistry)
inventory is not disinfected, the wrong choice of concentration of disinfectants
there is no independent exhaust system in the bathroom
personal hygiene of workers - lack of conditions for compliance
incomplete set of HIV kit
disposable instruments are not disinfected before removal and destruction
no markings on containers for surface disinfection
dimensions and decoration in the premises do not meet the standards of the hospital or clinic
absence, incorrect design of price tags for related products on sale
employees do not undergo proper training before working with sources of ionizing radiation
there is no individual dosimetric check of employees, dose records are not filled out

A package of documents for checking the Rospotrebnadzor of a medical center

Pharmacy establishments. Common violations when checking pharmacies by Rospotrebnadzor

Violations of the SanPin requirements regarding the microclimate (temperature and humidity regime)
incorrectly organized process of washing linen and overalls
failure to pass preliminary and regular medical examinations of employees on time
storage conditions of medicinal products and their terms of sale are violated
thermolabile drugs are stored at an unacceptable temperature
the client does not receive complete information about the drugs, such as: composition, indications, price, side effects

What documents are required when checking pharmacies by Rospotrebnadzor

Inspection by Rospotrebnadzor of a public catering organization. Common Violations

It must be said that Rospotrebnadzor pays the most attention to catering and food trade enterprises. And this is understandable - what we eat should be tested and safe for health.

The main violations detected in catering establishments:

the area of the organization does not correspond to the range that is declared
the requirements for the operation and maintenance of ventilation systems are not met
the flow of the technological process is broken (finished products "intersect" with raw and semi-finished products, clean dishes with dirty ones)
people who have not passed a medical examination
there is no marking on cutting equipment, there is no necessary equipment and staff for cleaning and cleaning
non-compliance with the technology of manufacturing products (re-freezing of fish or meat), violation of the shelf life of semi-finished products during storage, the mode of processing products does not meet the standards
there is no timely rejection of manufactured food products
acceptance and sale of expired products, without documentation (confirmation of safety, quality), labeling; or the marking on the products contains a future date
work is carried out with equipment without hygienic coatings that are convenient for sanitization
laboratory and production control of products is not implemented properly

Documents for public catering (cafe, restaurant, canteen, hookah), required during the inspection of Rospotrebnadzor

Inspection of the store by Rospotrebnadzor.

Rospotrebnadzor will come with a check without warning

Common Violations

sanitary and technical characteristics of the premises do not meet the requirements
there are no measuring devices to control the temperature and humidity conditions of storage of products in warehouses
food products are stored in the wrong places, outside the warehouse
disorganization of production control, not following the PPC program
lack of examination protocols
volume, frequency of studies are not observed
storage and sale of products without marking, Russian-language information, or with marking that does not comply with the norms of the legislation of the Russian Federation
incorrect design of price tags, lack of complete information on them

Documents for the store required for Rospotrebnadzor inspections

What documents are issued based on the results of inspections of Rospotrebnadzor

What Rospotrebnadzor is not entitled to do

According to the regulations, the auditor is not supposed to:

go beyond the limits of their competence when checking mandatory requirements
conduct an on-site inspection, in the case of the head of the organization, his deputy or an authorized person (except for situations where the need for inspection is due to a direct danger to life, public health, environmental damage and various emergency situations).
request irrelevant information, any documents, and even more so to take such documents
conduct surveys and take samples of products, samples from the environment, without recording their actions, or exceed the established number of required samples
information based on the results of the check is a state secret and is protected by law - it cannot be distributed
go beyond the deadlines when conducting an audit

Any inspection must be carried out in strict adherence to the regulations of inspections.

Download pdf official regulation of inspections of Rospotrebnadzor (opens in a new window)

How to prepare for an inspection by Rospotrebnadzor

How to behave during the inspection of Rospotrebnadzor

Documents for Rospotrebnadzor in 2017

The SES-DOK service will provide you with a list of documents for the SES for any type of activity, as well as a general list of documents.

What are health care providers interested in?

a complete and correctly executed package of sanitary documents of the company

maintaining proper sanitary condition at the enterprise, working conditions

the regularity of the necessary sanitary procedures, examinations, activities

The company SES-DOK Moscow offers highly qualified assistance in preparing for the inspection of Rospotrebnadzor at any stage of your activity

What and how does Rospotrebnadzor check. Violations and penalties during inspections

Scheduled inspections of Rospotrebnadzor

Scheduled inspections are inevitable for all newly minted entrepreneurs and firms.

Commissions are visiting and documentary (cameral).

Find out if your organization is eligible scheduled inspections for 2017 Rospotrebnadzor you can here - the schedule of inspections of Rospotrebnadzor for 2017

Unscheduled inspections of Rospotrebnadzor

Attention!

Since 2015, Rospotrebnadzor has the right to carry out unscheduled inspections without warning!

Commission of Rospotrebnadzor outside the period specified in the schedule.

Grounds for an unscheduled inspection of Rospotrebnadzor:

poor quality of products and services
unscheduled field inspection of Rospotrebnadzor on the complaint of the buyer (consumer)

The right to file such complaints are:

ordinary consumer buyers
employees of self-government bodies following the civil initiative
government departments

These checks are intended to confirm or refute the facts, the violation of which is indicated in the complaint.

What is Rospotrebnadzor

Rospotrebnadzor controls the sanitary and epidemiological situation:

at catering points (all cafes, restaurants, canteens)
at any production enterprises related to food products and not only (working conditions, condition of premises, also residential)
in the development of building schemes, during the construction process

Functions and powers of Rospotrebnadzor

The powers of Rospotrebnadzor during the inspection include:

verification of all documents of an organization of any form of ownership, employment contracts, medical books, conclusions of the fire service and sanitary authorities,
maintaining logs of necessary sanitary measures, licenses for goods and services, certificates, work of cash registers at trade enterprises
issuance of instructions to correct the identified violations, verification of compliance with the instructions
drawing up protocols, imposing fines
monitoring the implementation of the law on the protection of consumer rights
issuance of SEZ upon successful completion of the commission
checking the sanitary and hygienic condition of objects
certification of employees involved in the production, sale, etc. of food and drinking water
accounting, statistics, coordination of work of departments
monitoring the state of air, soil, waste disposal
checking the availability and timeliness of the implementation of sanitary measures

Rospotrebnadzor has the right to study the sanitary documentation of firms, conduct a visual inspection and other examinations.

Types of inspections of Rospotrebnadzor (SES)

What threatens the inspection of Rospotrebnadzor - sanctions for violations

The Supervisory Service, in case of detection of inconsistencies with the requirements of the law, can apply the following measures:

issuance of an order to correct detected violations
imposition of fines for violations that are within the competence of the SES
suspension of the activity of the entrepreneur for the period necessary to correct violations
filing an application with the court (in case of a threat or a fait accompli of a mass disease due to the fault of the enterprise)

Actions that caused the spread of infection are punishable by fines (from 100 to 200 minimum wages), as well as possible imprisonment (from 2 to 5 years, depending on the magnitude of the epidemic).

In case of gross violations, when a fine is an insufficient measure, the perpetrator runs the risk of going to jail by a court decision.

The amount of the fine is determined, among other things, by those who are guilty - officials of the institution, the company itself, ordinary employees.

Rospotrebnadzor check without warning

The fine for a legal entity will be more than the amount of the monetary recovery from an individual (individual entrepreneur or, for example, a seller).

Common violations of organizations during the inspection of Rospotrebnadzor:

Inspection by Rospotrebnadzor of a beauty salon, hairdressing salons

Common inconsistencies when checking beauty salons by Rospotrebnadzor:

inconsistency of floor space
no ultraviolet germicidal irradiators (for air disinfection)
lack of accounting for the functioning of irradiators
not following the rules for processing tools
manicure and pedicure done in one office
there is no room for storing hair, waste, a dedicated place for washing clothes
the rules for storing fluorescent bulbs are not observed
no foot bath in pedicure room
no triple tool kit installed
no pediculicides
poor sanitation of the premises
there are no markings on the intended use on the containers with disinfectants
employees did not pass medical examinations
no sign at the entrance to the barbershop or beauty salon

Documents for a beauty salon and a hairdressing salon required for inspections by Rospotrebnadzor

Inspection of medical institutions by Rospotrebnadzor. Common Violations

contracts for the provision of paid services (for example, dentistry) do not indicate warranty periods, terms for the provision of services and other necessary information
lack of information about the qualifications of doctors at the information stand in the clinic
non-compliance with the norms of the anti-epidemiological regime, processing of equipment, sterilization of consumables (dentistry)
inventory is not disinfected, the wrong choice of concentration of disinfectants
there is no independent exhaust system in the bathroom
personal hygiene of workers - lack of conditions for compliance
incomplete set of HIV kit
disposable instruments are not disinfected before removal and destruction
no markings on containers for surface disinfection
dimensions and decoration in the premises do not meet the standards of the hospital or clinic
absence, incorrect design of price tags for related products on sale
employees do not undergo proper training before working with sources of ionizing radiation
there is no individual dosimetric check of employees, dose records are not filled out

A package of documents for checking the Rospotrebnadzor of a medical center

Pharmacy establishments. Common violations when checking pharmacies by Rospotrebnadzor

Violations of the SanPin requirements regarding the microclimate (temperature and humidity regime)
incorrectly organized process of washing linen and overalls
failure to pass preliminary and regular medical examinations of employees on time
storage conditions of medicinal products and their terms of sale are violated
thermolabile drugs are stored at an unacceptable temperature
the client does not receive complete information about the drugs, such as: composition, indications, price, side effects

What documents are required when checking pharmacies by Rospotrebnadzor

Inspection by Rospotrebnadzor of a public catering organization. Common Violations

It must be said that Rospotrebnadzor pays the most attention to catering and food trade enterprises. And this is understandable - what we eat should be tested and safe for health.

The main violations detected in catering establishments:

the area of the organization does not correspond to the range that is declared
the requirements for the operation and maintenance of ventilation systems are not met
the flow of the technological process is broken (finished products "intersect" with raw and semi-finished products, clean dishes with dirty ones)
people who have not passed a medical examination
there is no marking on cutting equipment, there is no necessary equipment and staff for cleaning and cleaning
non-compliance with the technology of manufacturing products (re-freezing of fish or meat), violation of the shelf life of semi-finished products during storage, the mode of processing products does not meet the standards
there is no timely rejection of manufactured food products
acceptance and sale of expired products, without documentation (confirmation of safety, quality), labeling; or the marking on the products contains a future date
work is carried out with equipment without hygienic coatings that are convenient for sanitization
laboratory and production control of products is not implemented properly

Documents for public catering (cafe, restaurant, canteen, hookah), required during the inspection of Rospotrebnadzor

Inspection of the store by Rospotrebnadzor. Common Violations

sanitary and technical characteristics of the premises do not meet the requirements
there are no measuring devices to control the temperature and humidity conditions of storage of products in warehouses
food products are stored in the wrong places, outside the warehouse
disorganization of production control, not following the PPC program
lack of examination protocols
volume, frequency of studies are not observed
storage and sale of products without marking, Russian-language information, or with marking that does not comply with the norms of the legislation of the Russian Federation
incorrect design of price tags, lack of complete information on them

Documents for the store required for Rospotrebnadzor inspections

What documents are issued based on the results of inspections of Rospotrebnadzor

What Rospotrebnadzor is not entitled to do

According to the regulations, the auditor is not supposed to:

go beyond the limits of their competence when checking mandatory requirements
conduct an on-site inspection, in the case of the head of the organization, his deputy or an authorized person (except for situations where the need for inspection is due to a direct danger to life, public health, environmental damage and various emergency situations).
request irrelevant information, any documents, and even more so to take such documents
conduct surveys and take samples of products, samples from the environment, without recording their actions, or exceed the established number of required samples
information based on the results of the check is a state secret and is protected by law - it cannot be distributed
go beyond the deadlines when conducting an audit

Any inspection must be carried out in strict adherence to the regulations of inspections.

Download pdf official regulation of inspections of Rospotrebnadzor (opens in a new window)

How to prepare for an inspection by Rospotrebnadzor

How to behave during the inspection of Rospotrebnadzor

Documents for Rospotrebnadzor in 2017

The SES-DOK service will provide you with a list of documents for the SES for any type of activity, as well as a general list of documents.

What are health care providers interested in?

a complete and correctly executed package of sanitary documents of the company

maintaining proper sanitary condition at the enterprise, working conditions

the regularity of the necessary sanitary procedures, examinations, activities

The company SES-DOK Moscow offers highly qualified assistance in preparing for the inspection of Rospotrebnadzor at any stage of your activity

In order to understand what Rospotrebnadzor checks, it is necessary to clearly understand what functions are assigned to it, as well as the rights and various obligations during their checks. Due to the specifics of this body, the checks of this institution will concern the documentation that must be in the enterprise or institution, as well as the quality of products that are produced or sold, and the services provided.

The main question that concerns all entrepreneurs is what Rospotrebnadzor checks. First of all it is:

Documentation of an enterprise, institution, individual entrepreneur. This includes the charter, extracts from various state registers, as well as special permissive licenses for certain types of activities that must be.
Documents that confirm the legality of the location of employees. Employment books, medical and sanitary books, medical periodic examinations of employees who are engaged in the production or sale of products.
Furnishing of commercial and industrial premises. This should include the presence of a signboard, a decorated corner of the consumer (a book of complaints, telephone numbers where he can call if his rights are violated, extracts from the Laws). Correspondence of the area of the room with the size of window and door openings. Visual cleanliness of the premises.
Ownership of the premises, or lease agreement.
The procedure for waste disposal, as well as contracts for cleaning services (cleaning, disinfection, deratization). The frequency of such room treatments.
Registration of price tags, pricing procedure, certificates (their certified copies) for all products of suppliers.
Technical control plan, which is approved by the director or owner of the enterprise, individual entrepreneur.
Sanitary and epidemiological condition of the premises.
Certificates for various raw materials.
Agreements for the export and disposal of waste.
Without fail, journals that reflect periodic inspections of the cleaning of premises, checks of Rospotrebnadzor and comments, their elimination, as well as control over the technical and sanitary condition of the enterprise, institution are recorded.

To find out exactly what documents a business entity should have, it is better to contact the territorial body of Rospotrebnadzor, since Federal and regional legislation changes periodically, and the list of documentation can be changed.

Types of checks

First you need to understand how Rospotrebnadzor carries out its work and activities, and what functions it is endowed with.

The functions of Rospotrebnadzor include the following actions:

protection of the rights of various consumers, which are regulated by the Federal Law on the Protection of Consumer Rights;
supervision over the quality or safety of products sold to consumers, as well as over compliance with technological processes in the production of various products, as well as storage conditions;
control of the sanitary and epidemiological state of various enterprises, organizations and various institutions that sell, manufacture products, and provide services to the population in various fields (trade, medicine, construction, and more).

Based on this, two types of checks are distinguished.

Planned.
Unscheduled.

This body can carry out scheduled inspections at an enterprise, individual entrepreneur, institution, or organization of any form of ownership. Therefore, it is not uncommon to meet representatives of this body with their own check even in a communal organization (school, medical institution). Such checks are carried out on the basis of special regulations, which spell out the rights, as well as the obligations of Rospotrebnadzor. First of all, these are Federal and regional regulations, and besides this, the Decree of the Government of the Russian Federation, which clearly describes how inspections are carried out, the rights and various obligations of the subjects of inspection.

The basis for any scheduled inspection is the annual plan, which is formed by the territorial bodies or departments of this body. It includes all enterprises and individual entrepreneurs at which such a check will be carried out. To get acquainted with this plan, it is enough to go to the official website of the district or regional Rospotrebnadzor, or to a similar Internet resource of the territorial prosecutor's office.

Enterprises, institutions, organizations that were last visited by representatives of this body 3 years ago are subject to a scheduled inspection. If the organization belongs to medicine, then the three-year period for it is reduced to 2 years. To find out what day Rospotrebnadzor can arrive, you can also go to the website, open the plan, and get this information.

It is important to know that in any case, before representatives of this Federal Service arrive with an inspection at an enterprise, institution or organization, the director or manager should receive a corresponding notification 3 days before the start of the inspection.

Rospotrebnadzor can carry out unscheduled inspections without any time limits.

The reasons for such checks are as follows:

at the complaint of the buyer, or another person who was provided with low-quality services, or sold defective or low-quality goods;
on a complaint or an appeal of an official of a local authority;
publications in various mass media, about violations in various enterprises, organizations and institutions related to sanitary and epidemiological standards, or the release, sale of low-quality products, or the provision of low-quality services.

Such grounds are directly indicated in the regulations and give the right to Rospotrebnadzor to send its employees for verification.

It is important to know that on-site and scheduled inspections can be documentary (desk) or on-site. In the first option, documents are checked that are requested from a particular individual entrepreneur, enterprise, individual entrepreneur, institution, organization. When it comes to the field, in addition to checking documents, samples of products can be selected, documents checked, and a test purchase carried out.

It is important to know that Rospotrebnadzor can warn the administration of organizations a day before arrival, and if there is a threat of a sanitary and epidemiological disaster, state interests, or consumers, Rospotrebnadzor may not warn the administration.

Many people know what Rospotrebnadzor checks, but few people know what the deadlines for such checks are.

Small businesses and individual entrepreneurs that do not have large retail and industrial premises, Rospotrebnadzor can check 15 or 25 hours. It is caused not by a large amount of checked documentation.

Medium and large enterprises, individual entrepreneurs, institutions and organizations that have large production capacities, are related to the production of products, including food, semi-finished products, are engaged in animal husbandry or grow various vegetable and fruit crops, Rospotrebnadzor can check no more than one month.

If, during the inspection, additional questions have arisen, the clarification of which requires more time, then the head of the territorial office may extend the period for another month.

Different questions may arise, so the lawyers of the enterprise where the audit is being carried out should monitor such moments and not allow officials to delay the time of the audit.

Now it is necessary to proceed to the consideration of the rights and obligations that arise for the subjects of such verification. The subjects in this case are, on the one hand, officials of Rospotrebnadzor, and on the other hand, individual entrepreneurs, enterprises, institutions, represented by their representatives (director, lawyer, head of production).

Rospotrebnadzor, represented by inspectors, has the following rights:

may demand for verification and check those documents that are indicated in the direction for verification;
can take samples of products, raw materials from which they are made, make various measurements (for example, noise) in production facilities;
has the right to conduct test purchases;
has the right to require additional documents that supplement the requested documentation;
has the right to check the sanitary and epidemiological situation.

The administration of the audited enterprise, institution, individual entrepreneur has the following rights:

require the presentation of certificates from employees who came with a check;
apply for assistance to various lawyers and law firms, to represent their interests during inspections, drawing up an appropriate power of attorney;
be present at all actions related to the selection of samples of products and raw materials, as well as during the verification of various documentation;
write comments on the illegal actions of officials of Rospotrebnadzor;
do not allow employees without a prescription, or who came with an expired prescription.

It should be noted right away that the best way to protect your rights is to involve various specialists who have experience in representing the interests of individual entrepreneurs, enterprises, institutions, organizations before regulatory authorities. These are different law firms.

In order for their representative to have the right to participate in any inspections of Rospotrebnadzor, a power of attorney must be issued for him. The power of attorney can be notarized, or issued by the director of the enterprise, organization, institution, or by the individual entrepreneur himself.

A notarized power of attorney has more legal force than a simple power of attorney, since it contains more rights. In addition, the holder of a notarized power of attorney may independently appeal against such actions of officials of Rospotrebnadzor. That is, a notarized power of attorney provides an extensive range of rights to a person who will act on behalf of the principal.

Duties of officials of Rospotrebnadzor

provide a written direction for verification, which must be signed by the head of the territorial body, and it must indicate the employees (officials) who have been authorized to conduct such verification;
it is forbidden to demand documents or take samples that are not indicated in the referral;
inspectors are obliged to issue to the entrepreneur or his representative their original referral;
when drawing up the act, and protocols to it, representatives of Rospotrebnadzor are obliged to issue the administration of the enterprise, institution or individual entrepreneur, the same original of the act and protocols to it;
when sampling, as well as other similar actions, representatives of Rospotrebnadzor should invite representatives of the enterprise who have the right to get acquainted with all actions.

The main duty of the administration of the enterprise, or individual entrepreneurs who are being checked, is to provide all documents, samples, and give access to all premises to officials of Rospotrebnadzor.

It is important to know that, based on the results of inspections, Rospotrebnadzor may impose penalties, issue an order, or may close the enterprise, or oblige the individual entrepreneur not to carry out activities for no more than 90 days, until all comments are eliminated.

Rospotrebnadzor has a special legal status, as it combines the functions of two regulatory bodies: the Consumer Protection Service and the Sanitary and Epidemiological Service. To find out what an institution like Rospotrebnadzor checks, you need to carefully study the regulations that govern their activities.

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Often, the heads of companies involved in the sale of goods and the provision of services to the population are frightened by the possible prospect of an inspection by Rospotrebnadzor. Why conscientious entrepreneurs should not be afraid of it and how to defend their rights, read on.

What legal acts are guided by inspectors?

— Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” (hereinafter, Federal Law No. 294);

— Order of Rospotrebnadzor No. 764 dated July 16, 2012 “On Approval of the Administrative Regulations for the Federal Service for Supervision of Consumer Rights Protection and Human Welfare to Perform the State Function of Inspecting the Activities of Legal Entities, Individual Entrepreneurs and Citizens in Compliance with the Requirements of Sanitary Legislation, Legislation of the Russian Federation in the field of consumer rights protection, rules for the sale of certain types of goods” (hereinafter referred to as the Administrative Regulations);

— Order of Rospotrebnadzor dated March 24, 2010 No. 103 “On approval of the Guidelines for the application of the norms of the Federal Law dated December 26, 2008 No. 294-FZ”

What are the employees of Rospotrebnadzor required to do before the inspection?

Article 14 of the Federal Law No. 294, paragraph 6 of the Administrative Regulations

- hand over a certified copy of the order to conduct an inspection to a representative of the person being inspected;

- present an official ID;

- present a document on agreement with the prosecutor's office, if the basis for the verification is a threat or harm to the life and health of citizens, the threat of natural and man-made emergencies.

When conducting an inspection, Rospotrebnadzor does not have the right to:

Article 15 of the Federal Law No. 294, paragraph 57 of the Administrative Regulations

1) verify compliance with mandatory requirements, if such requirements do not relate to the sanitary and epidemiological welfare of the population or consumer protection;

2) to carry out a scheduled or unscheduled on-site inspection in the absence of the head or his authorized representative, the person being inspected during the inspection (except for the case of such an inspection, the basis for which is the infliction of harm to life, health of citizens, the environment, as well as the occurrence of emergency natural and man-made situations);

3) require the submission of documents, information, product samples, inspection samples of environmental objects and objects of the production environment that are not objects of verification or not related to the subject of verification, as well as seize the originals of such documents;

4) take product samples, inspection samples of environmental objects and objects of the production environment for their research without drawing up protocols and in an amount exceeding the norms established by the standards;

5) disseminate commercial information obtained as a result of the event;

6) exceed the established deadlines for the inspection.

7) require a legal entity, an individual entrepreneur to submit documents and (or) information, including permits, available at the disposal of other state bodies,

8) require a legal entity, an individual entrepreneur to submit documents, information before the start date of the audit.

Field inspection of Rospotrebnadzor

Article 12 of the Federal Law No. 294, paragraphs 48-51 of the Administrative Regulations

An on-site inspection is carried out at the place where the activity of the person being inspected is carried out. Rospotrebnadzor employees are required to:

- to present an official certificate,

- to familiarize the person being checked with the order (order) on conducting an on-site inspection

- to familiarize the person being inspected with the powers of those conducting the on-site inspection, with the goals, objectives, grounds for conducting an on-site inspection, the types and scope of control measures, the composition of experts, representatives of expert organizations involved in an on-site inspection, with the terms and conditions of its conduct.

On-site inspections are carried out only in the presence of an individual entrepreneur or head of a legal entity, or their representatives. If they are not present, the audit will not be carried out.

In the event that an on-site inspection turned out to be impossible, an employee of Rospotrebnadzor draws up an act on the impossibility of conducting an appropriate inspection. In this case, Rospotrebnadzor, within 3 months from the date of drawing up the relevant act, may conduct an inspection without warning.
If sampling (sampling) of products is carried out, drawing up a protocol is mandatory.

Documentary check of Rospotrebnadzor

Article 11 of the Federal Law No. 294, paragraph 45-47 of the Administrative Regulations

Produced on the basis of an order (instruction) to conduct a documentary check. Officials of Rospotrebnadzor authorized to conduct an inspection shall not be entitled to demand from persons subject to inspection information and documents that are not related to the subject of a documentary inspection. Employees of Rospotrebnadzor cannot require notarization of copies of documents, unless otherwise provided by law.

If you have received a request to provide additional documents or explanations, you must submit them to Rospotrebnadzor within 10 business days. All copies of documents must be certified by the signature of the General Director and the seal.

In case of detection of violations based on the results of a documentary audit, Rospotrebnadzor has the right to conduct an on-site audit.

Unscheduled checkRospotrebnadzor

Article 10 of the Federal Law No. 294, paragraphs 42-43 of the Administrative Regulations

The grounds are:

failure to comply with the order of Rospotrebnadzor to eliminate the identified violation;
receipt by Rospotrebnadzor of appeals and statements, information on the following facts:

- infliction or threat of infliction of harm to the life, health of citizens

- the occurrence or threat of emergency situations of a natural and man-made nature;

- violation of consumer rights (in the case of an appeal by citizens whose rights are violated), provided that the applicant applied to such a legal entity or individual entrepreneur, but the applicant's requirements were not satisfied;

an order (instruction) of the head of Rospotrebnadzor, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation;
prosecutor's request to conduct an unscheduled inspection.

Rospotrebnadzor is obliged to notify you 24 hours before the unscheduled inspection. However, if the basis for the verification is the receipt by Rospotrebnadzor of reports of harm to life and health, or of such a threat, as well as the occurrence or threat of natural and man-made emergencies or violations of consumer rights, Rospotrebnadzor may not notify you.

Scheduled inspection by Rospotrebnadzor

Article 9 of the Federal Law No. 294, paragraph 41 of the Administrative Regulations

The basis is the annual inspection plan. The list of inspected persons is published on the website of the Prosecutor's Office. For example, a plan for checking legal entities in Moscow is available here.

Rospotrebnadzor is obliged to notify the inspected persons at least 3 working days in advance by sending a copy of the order (order) about the start of the scheduled inspection. A scheduled inspection may be carried out no more than once every three years, with the exception of inspections of organizations involved in healthcare, education, and the social sphere. A complete list of activities of such organizations is established in Decree of the Government of the Russian Federation of November 23, 2009 No. 944.

In the event of a scheduled inspection of members of a self-regulatory organization, Rospotrebnadzor is obliged to notify the self-regulatory organization

Deadlines for the inspection of Rospotrebnadzor

Article 13 of the Federal Law No. 294, paragraphs 18-22 of the Administrative Regulations

As a general rule, the verification period cannot exceed 20 working days. If the organization has several branches in different subjects of the Russian Federation, then the period for checking all branches in the aggregate cannot exceed 60 working days. When organizing an inspection, the mode of operation of the persons subject to inspection is taken into account.

The term of a scheduled on-site inspection of small enterprises is no more than 50 hours, micro-enterprises - no more than 15 hours.

The period for conducting a scheduled on-site inspection may be extended in exceptional cases by no more than 20 working days, for small enterprises - by no more than 50 hours, for micro-enterprises - by no more than 15 hours.

The results of the inspection of Rospotrebnadzor

p. 58-76 of the Administrative Regulations

Based on the results of the audit, Rospotrebnadzor draws up an audit report and delivers (sends) the report to the person being audited.

Attached to the deed:

product sampling protocols;
protocols or conclusions of the conducted studies, tests, measurements, examinations;
explanations of the inspected person or his employees who are held liable for violation of mandatory requirements;
an order to eliminate the identified violations;
other documents related to the results of the audit or their copies.

For what offenses can Rospotrebnadzor hold you accountable?

Concealment of the source of infection with HIV infection, venereal disease and contacts that create a risk of infection (Article 6.1. of the Code of Administrative Offenses of the Russian Federation);

Circulation of falsified, counterfeit, substandard and unregistered medicines, medical devices and circulation of counterfeit dietary supplements (Article 6.33 of the Code of Administrative Offenses of the Russian Federation);
Violation of the rules for handling scrap and waste of non-ferrous and ferrous metals and their alienation (Article 14.26 of the Code of Administrative Offenses of the Russian Federation);
Violation of the rules for organizing activities for the sale of goods in retail markets (Part 1 of Article 14.34 of the Code of Administrative Offenses of the Russian Federation)
Violation by the manufacturer, performer (person performing the functions of a foreign manufacturer), seller of the requirements of technical regulations (part 3 of article 14.43 of the Code of Administrative Offenses of the Russian Federation)
Violation of the mandatory requirements for labeling food products obtained with the use of genetically modified organisms or containing such organisms (Article 14.46.1. of the Code of Administrative Offenses of the Russian Federation);
Non-acceptance by the manufacturer (performer, seller, person performing the functions of a foreign manufacturer) of measures to prevent harm when handling products that do not meet the requirements of technical regulations (part 5 of article 14.46.2. of the Code of Administrative Offenses of the Russian Federation)
Disobedience to a lawful order of an official of a body exercising state supervision (control), an official of an organization authorized in accordance with federal laws to exercise state supervision, an official of a body exercising municipal control (Part 1 of Article 19.4. of the Code of Administrative Offenses of the Russian Federation)
Obstruction of the legal activities of an official of the federal executive body exercising the functions of control and supervision in the field of the state defense order, or officials of its territorial bodies (parts 1 and 15 of article 19.4.2. of the Code of Administrative Offenses of the Russian Federation)
Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense (Article 19.6 of the Code of Administrative Offenses of the Russian Federation)
Failure to provide information (information) (Article 19.7 of the Code of Administrative Offenses of the Russian Federation)
Failure to comply with the requirements for the submission of product samples, documents or information necessary for the implementation of state control (supervision) in the field of technical regulation (Article 19.33 of the Code of Administrative Offenses of the Russian Federation)

If signs of crimes are established during the check, the official of Rospotrebnadzor sends materials to the prosecutor's office and other law enforcement agencies to resolve the issue of initiating a criminal case. These may be the following articles of the Criminal Code:

Art. 238 "Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements" - in terms of the sale of goods and products, performance of work or provision of services that do not meet the requirements for the safety of life or health of consumers;
Art. 246 "Violation of the rules of environmental protection in the course of work" - in terms of violation of sanitary rules in the course of construction and other works;
Art. 247 "Violation of the rules for handling environmentally hazardous substances and wastes" - in terms of violations of the rules for handling bacteriological (biological) substances, toxic industrial and other wastes;
Art. 248 "Violation of safety rules when handling microbiological or other biological agents or toxins" - in terms of violation of the rules for the safety of working with microorganisms, etc.;
Art. 254 "Destruction of the earth" - in terms of violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances, etc.

Appeal against the results of the inspection of Rospotrebnadzor

1. Objection to the act of verification

Within 15 days from the date of receipt of the inspection report, the organization or individual entrepreneur has the right to submit objections in writing (clause 82 of the Administrative Regulations).

2. Challenging the order of Rospotrebnadzor

Prejudicial order. Within 15 days from the date of receipt of the order, the inspected person has the right to submit written objections to this order to Rospotrebnadzor. The review period is 30 days.

Judicial order. Within 3 months, the decision can be appealed to the Arbitration Court (clause 5.1. Article 40 of the Federal Law "On Protection of Consumer Rights").

3. Appeal against the decision to bring to administrative responsibility
Prejudicial order. If you have been brought to administrative responsibility, you have the right to appeal this decision (part 1 of article 30.1 of the Code of Administrative Offenses of the Russian Federation) to a higher authority. The deadline for filing such a complaint is 10 days on the day of delivery or receipt of a copy of the decision (part 1 of article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline for filing a complaint is missed, it may be restored by a judge or an official authorized to consider the complaint at the request of the person filing the complaint. The term for considering a complaint against a decision in the order of subordination is 10 days from the date of its receipt with all the materials of the case (part 1 of article 30.5 of the Code of Administrative Offenses of the Russian Federation).
Judicial order. The decision can also be appealed to the Arbitration Court. The term for considering a complaint to the court is 2 months from the date of its receipt (part 1.1 of article 30.5 of the Code of Administrative Offenses of the Russian Federation).

4. Appeal against actions (inactions) of Rospotrebnadzor

The subject of pre-trial appeal is the actions (inaction) of Rospotrebnadzor, officials of Rospotrebnadzor, which entailed a violation of the rights of legal entities, individual entrepreneurs, citizens provided for by law (paragraph 83 of the Administrative Regulations).

Prejudicial order. Complaints are considered:

1) on behalf of Rospotrebnadzor - the head of Rospotrebnadzor or his deputy;

2) on behalf of the territorial body of Rospotrebnadzor - the head of the territorial body of Rospotrebnadzor or his deputy.

The review period is 30 days.

Judicial order. Within 3 months, an entrepreneur or organization has the right to challenge the actions (inaction) of Rospotrebnadzor to the Arbitration Court.

How can you challenge the results of the check on formal grounds?

The results of an inspection conducted by a state control (supervision) body, a municipal control body with a gross violation of the requirements for organizing and conducting inspections, cannot be evidence of violations by a legal entity or individual entrepreneur and are subject to cancellation.

So, a gross violation is (Article 20 of the Federal Law No. 294):

lack of grounds for conducting a scheduled, unscheduled on-site inspection, untimely notification of an inspection;
involvement in the implementation of control measures as experts of legal entities not accredited in the prescribed manner, individual entrepreneurs and citizens not certified in the prescribed manner;
lack of coordination, if necessary, with the prosecutor's office of an unscheduled on-site inspection;
violation of the terms and time of scheduled on-site inspections in relation to small businesses;
conducting an inspection without an order or order of the head, deputy head of the state control (supervision) body, municipal control body;
requirement for documents that are not related to the subject of verification;
failure to submit an inspection report;
conducting a scheduled inspection not included in the annual plan for scheduled inspections;
participation in the conduct of inspections of experts, expert organizations that are in civil law and labor relations with legal entities and individual entrepreneurs in respect of which inspections are carried out.

Successful examples of contesting the results of an inspection by Rospotrebnadzor

In the Lenta store, price tags were issued, which indicated “the price without the Lenta card” and “the price with the Lenta card”. Rospotrebnadzor considered that the store violated the requirements of the law regarding the establishment of uniform prices for goods sold for consumers and issued an order to eliminate these violations. However, Lenta successfully challenged this order, stating the following in its arguments. The store uses a system of discount cards, providing equal access to the purchase of a card to each potential buyer. The price tags set the price for the goods, as well as the price for the goods, taking into account the discount to the bearers of the discount card. Information about the conditions for purchasing a Lenta discount card on the store's website is publicly available. That is, the design of price tags in this way is not an indication of two prices per unit of goods and does not violate the rights of consumers (Determination of the Supreme Court No.

Often the persons being checked manage to challenge the results of the check on formal grounds.

For example, the owners of the store managed to challenge the order of Rospotrebnadzor on the grounds that they were not notified of an unscheduled on-site inspection 24 hours in advance (Resolution of the Arbitration Court of the North Caucasus District of October 12, 2016 No. F08-7354 / 2016 in case No. A53-381 / 2016 ).

Another organization successfully challenged the decision of Rospotrebnadzor to bring to administrative responsibility, on the grounds that the case materials did not contain primary documents confirming the sale of goods and services by the company, and explanations of the victims; the protocol and the resolution contained information of a general nature (Decision of the Arbitration Court of the Astrakhan Region dated October 02, 2017 in case No. A06-5982 / 2017).

The airline managed to challenge the decision of Rospotrebnadzor on procedural issues. Thus, a copy of the ruling on the appointment of the time and place for the consideration of the case on an administrative offense was received by the Airline on the day of the consideration of the case, along with a protocol on an administrative offense. The court found that the receipt by the applicant of a ruling on the date of consideration of the administrative case on the date of its consideration cannot be recognized as a proper notice (Decision of the Arbitration Court of the Sverdlovsk Region dated 02.10.2017. Case No. A60-26612 / 2017).

Reducing the amount of the fine

The grocery store was brought to administrative responsibility by the decision of Rospotrebnadzor under Part 1 of Art. 14.43 of the Code of Administrative Offenses of the Russian Federation with a fine of 100,000 rubles for the absence of a consignment note for butter (violation of Part 3, Article 5 of the Technical Regulations of the Customs Union "On Food Safety" 021/2011). However, the court reduced the amount of the fine from 100,000 rubles to 50,000 rubles on the basis that the identified violation did not entail serious consequences (Decision of the Arbitration Court of the Voronezh Region dated 10.10.2017 in case No. A14-9323 / 2017).
In another case, the court reduced the fine imposed by Rospotrebnadzor on the basis of a decision on an administrative offense, on the basis that these violations were eliminated by the entrepreneur even before the consideration of the administrative case, and the voluntary elimination of shortcomings is a mitigating circumstance (Decision of the Voronezh Region Arbitration Court dated 10.10. 2017 in case No. A14-9323/2017).

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

What does SES do?

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

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

The activity of SES is regulated by a regulation approved by the Decree of the Government of the Russian Federation No. 322 of 06/30/2004.

Who can check SES in Moscow?

This department is endowed with broad rights. For this reason, practically all organizations, institutions, companies, enterprises and entrepreneurs can be subjected to SES verification.

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

How is SES checked in Moscow?

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

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

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

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

What does the territorial department of SES control check?

Often, SES inspections are carried out on the basis of statements from the population regarding violations in the work of trade and catering enterprises, according to complaints from citizens regarding violations of the storage of garbage and waste in the territories adjacent to the enterprises, their exceeding the permissible noise level, etc.

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

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

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

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

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

Documents provided to SES inspectors

During the inspection, inspectors note the presence of:

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

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

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

Powers of SES based on the results of the audit

Based on the results of the inspections of the SES, conclusions are issued indicating the identified violations, measures are proposed (recommendations are given) to eliminate them, and prescriptions are issued regarding the punishment of the perpetrators.

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

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

What is outside the competence of the SES?

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

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

Control body SES

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

Preparation for SES inspections

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

Scheduled inspections of SES

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

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

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

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

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

Such checks are carried out at least after 3 years:

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

Unscheduled inspections of SES

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

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

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

Unscheduled inspections can be carried out:

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

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

Exceptions are allowed in cases where the SES receives emergency messages about situations that pose a threat to human life and health, flora and fauna, objects of historical value, or the country's security.

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

Field and documentary checks

Field and documentary checks can also be scheduled and unscheduled.

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

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

Penalties SES

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

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

In the field of state regulation, institutions that carry out checks on the quality of the performance of their functions by organizations have a special role, which is based on the protection of people's rights.

Such an agency as Rospotrebnadzor combines several areas of activity:

control of the sanitary and epidemiological state in the field of healthcare, maintenance, construction, industry, medical institutions, educational organizations, grocery stores;
supervision of compliance with the norms of legislation regulating the protection of consumer interests;
execution of conclusions after sanitary and epidemiological inspections;
the process of certification of specialists working in institutions for the sale, storage, transportation of food products.

What does Rospotrebnadzor check?

Rospotrebnadzor inspects organizations, guided by Government Decree number 322, in force at the federal level since June 30, 2004, as well as the law on consumer protection.

The supervisory authority has the right to check:

Equipment for industrial and commercial premises, whether it is formalized, whether there is a book of complaints and suggestions. It is important to track that information is posted with the phone numbers of departments where you can contact in case of violation of the law. In addition, specialists check the premises for compliance with structural and epidemiological requirements.
Rospotrebnadzor checks documents at the enterprise, which is a fundamental event. These actions are carried out in relation to the organizational and administrative workflow: the charter, licenses to conduct a particular activity, administrative regulations. The control zone also includes information about the legality of hiring employees: job descriptions, work books, information about their state of health, whether there are any contraindications, how often medical examinations are performed.
Employees of the service give an opinion on the possibility of transferring residential premises to the category of commercial space for organizing the work process and trade. This cannot be used under a lease agreement as a commercial one, since this is a violation of the rules for the sanitary and epidemiological welfare of the population (extracts from the USRN, certificates, lease agreements are required).
Mechanism for waste disposal, provision of cleaning services (contracts for the export of expired products, information on cleaning, their frequency, disinfection).
The order of registration of price tags for goods, directions of pricing policy, certificates.
Plans for monitoring the technical condition of premises and equipment involved in production.
Account books and journals, where all inspections of the store by Rospotrebnadzor are recorded: dates, content, comments and instructions, deadlines for elimination and measures for their implementation.

ATTENTION! Inspectors are not entitled to check areas and functions that are not related to the subject of control, to make samples of products with an excess of the norm in terms of the number of samples, and also without an appropriate act. They are prohibited from disseminating information obtained as a result of verification actions, exceeding the time limits for their implementation.

Types of checks

Rospotrebnadzor checks are carried out on various grounds in accordance with by order Rospotrebnadzor dated July 16, 2012 N 764. Inspectors personally go to the organization and inspect the premises, documents, other information of interest to them within their competence.

Rospotrebnadzor checks are divided into two types:

planned;
unscheduled.

They differ from each other in conditions, grounds for holding.

Scheduled check

Verification actions of a planned nature are carried out on the basis of any institution, regardless of the type of organizational and legal form, both in budgetary institutions (schools, kindergartens, hospitals) and in commercial organizations (shops, shopping centers).

Before implementing a scheduled inspection by Rospotrebnadzor, an order is created to carry it out, which is signed by the head of the territorial administration. The procedure for conducting, the obligations and rights of the parties are reflected in the Order dated July 16, 2012 No. 764.

With this type of control, the Rospotrebnadzor inspection plan, which can be found on the official website of the regulatory authority, is considered the basis for supervision measures.

ATTENTION! Each institution is checked in a planned manner once every 3 years, with the exception of healthcare institutions, inspectors visit them more often - once every 2 years.

Before the arrival of a representative for verification activities, the head of the enterprise is notified 3 days before the start of their conduct. The notification can be sent by mail or delivered personally to one of the employees against signature of receipt. All activities of specialists are carried out in the presence of at least one representative of the audited organization.

Unscheduled checks

Rospotrebnadzor carries out an unscheduled inspection without any pre-compiled schedules and plans, time limits. It requires one of the following reasons:

a complaint was received from a consumer or another individual about the sale of goods, during the operation of which a defect was discovered or poor-quality services were provided;
a complaint was filed with Rospotrebnadzor by an official about the presence of low-quality products in a particular outlet;
the media published information about violations in the work of organizations that are associated with unsatisfactory sanitary and epidemiological standards, the sale of products or services of inadequate quality.

IMPORTANT! If you intend to conduct an unscheduled inspection, specialists notify the head of the organization a day before arrival. If there is a threat to the rights of the buyer, the state or the environment, the supervisory authority has the right to visit the establishment without warning.

In the absence of notification of the arrival of inspectors, it is necessary to familiarize yourself with their official certificates, since fraudulent actions by intruders are common and can lead to sad consequences (high costs and expenses for the enterprise).

Supervisory results

An audit at an enterprise not related to healthcare, education and public catering is carried out once every 3 years, therefore, preparation for this procedure should be included in the plans of each institution. The schedule of visits of inspectors is posted on the official website of the controlling body, so the organization has the opportunity to receive information about the time of the visit in advance.

Representatives of the department check the quality of the provision of services, goods, predict the existing risks of violating the rights of citizens who are consumers. They are obliged to record all violations and shortcomings that will be identified in the course of the inspection of the premises, the implementation of samples and the taking of product samples.

After the scheduled inspection is carried out, specialists draw general conclusions and sum up, identifying shortcomings in the work of the organization. Their list is drawn up in writing as an order to eliminate the identified violations.

This document displays the following information:

the date of the examination;
information about the specialist who conducted the survey (his last name, first name, patronymic);
a statement of the situation: if it is carried out as planned, then the grounds for conducting, in the case of an unscheduled audit - what complaint is the supervisory authority guided by;
description of the format for studying the activities of the institution, information on the actions of specialists, what data was verified;
statement of facts based on the results and identified shortcomings, in which areas the manager needs to carry out additional work to eliminate errors;
the date of execution of the document and the signature of the inspectors.

IMPORTANT! The main role of the prescription is for the head to take into account the position of Rospotrebnadzor, analyze the work of his organization, optimize, if necessary, eliminate all shortcomings in full.

According to the rules established by law, the company must submit an official response to the order within 30 calendar days from the date of registration of the document in its enterprise. Its content should indicate what activities have been taken by management in order to correct violations, what is planned to be done to improve the quality of services or goods.

The order is a contestable document, therefore, if the manager disagrees with its aspects, he can go to court and appeal against it.

Sanctions and fines

Penalties are a common occurrence in the practice of the regulatory body. For minor violations, the company may receive an order that indicates which points need to be improved.

There are more serious cases when it comes to administrative or criminal liability of a legal entity:

if the norms of the sanitary condition of the premises are violated - from 10 to 20 thousand rubles. or suspension of work for up to 90 days;
the rules for the sale of goods do not meet the requirements - from 100 to 300 thousand rubles;
low quality of goods sold - from 20 to 30 thousand rubles;
actions taken to deceive the consumer - from 20 to 50 thousand rubles;
the buyer is misled - from 10 to 50 thousand rubles;
the order was not executed within the specified period - from 10 to 20 thousand rubles.

All penalties are based on the minimum wage set in the region where the firms operate. An entrepreneur may end up paying a fine not only for violating the law and infringing on the rights of citizens, but also for his own inaction. This happens when employees at the enterprise are incorrectly guided by the rules of law, but the manager does not take any action to resolve this situation.

The activity of Rospotrebnadzor is one of the main directions functioning to motivate enterprises to maintain a quality level of service and sale of goods. A citizen whose rights have been violated can apply to this organization with a complaint, which is necessarily analyzed and verified. After this procedure, the person receives a written response indicating what measures have been taken against the violator.

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