What does Rospotrebnadzor check? What if Rospotrebnadzor came with a check?
Many businesses have to deal withThe Federal Service for Supervision of Consumer Rights Protection and Human Welfare. Or, if easier, Rospotrebnadzor. The authority can issue a warrant, fine. However, businesses have a chance to avoid possible sanctions from the agency. How can an entrepreneur build a competent strategy of interaction with Rospotrebnadzor?
Powers of Rospotrebnadzor
What are the powers of this department? What does Rospotrebnadzor check? This body works on the basis of the Regulation, signed by the Government of the Russian Federation in 2004. His powers are wide enough. Here are the main:
- Supervision over observance of the legal norms belonging to the category of sanitary;
- control over the implementation of normative acts aimed at protecting the rights of consumers;
- monitoring of the activities of entrepreneurs engaged in the sale of goods that perform work or provide services for compliance with the rules established by law;
- implementation of quarantine control at the border of the Russian Federation;
- monitoring the quality and safety of products procured for state needs (for example, flour, bread, pasta), and for the purpose of placing it in the state reserve;
- monitoring the quality of flour, bakery, and pasta imported into the Russian Federation or exported from the country.
Another source of law regulating work- Administrative regulations that reflect the aspects of Rospotrebnadzor's performance of the state function related to the inspection of the activities of organizations, entrepreneurs and individuals for compliance with the requirements of sanitary legislation and other legal acts related to the protection of consumers' rights, as well as the norms that are present in laws, regulating the sale of goods, the performance of work and the provision of services. This document is particularly interesting in that it reflects the basic algorithms for conducting inspections. The activities of Rospotrebnadzor are also regulated by the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs", designed to help businesses exercise their legitimate rights in the course of inspections of state and municipal control bodies or supervision.
Who can check Rospotrebnadzor
What kind of enterprises can be exposedverification by the department? According to the current norms of the law, Rospotrebnadzor has the right to apply for almost any enterprise that provides services to individuals. The organizational and legal form of business does not matter. Verification of Rospotrebnadzor may affect IP, a small LLC or large-scale OJSC. Areas that may be of interest to the agency with the greatest probability:
- retailing of goods intended for personal use;
- provision of services (including such as, for example, lending, insurance, but not limited to them - all services that involve the emergence of consumer legal relationships are taken into account).
Checks are initiated based on a variety ofcriteria. It is always possible to have a routine inspection of Rospotrebnadzor. There is, in turn, the likelihood that the inspectors visit the department will not be advertised in advance. The second option can be initiated, for example, by a complaint of the buyer or the customer. Further in the article, we will study specific factors that influence the occurrence of an occasion for the corresponding verification.
Reasons for verification
The first option, in which verification is possibleRospotrebnadzor: the organization is on the list of those to whom the department is going to pay a visit according to the plan. The relevant document can be found on the organ's website. As a rule, the planned visit of the inspectors of Rospotrebnadzor is accompanied by a preliminary notification to the company being checked.
In accordance with the legislation,Rospotrebnadzor can conduct routine inspections at intervals no more often than once every three years. At the same time, it is necessary to coordinate this type of procedures with the prosecutor's office. Information that such and such organizations are subject to verification, as we said above, should be posted on the agency's website. Or, as an option, in the media.
Another thing is unscheduled inspections. As we said above, one of the reasons for their conduct may be a complaint from the buyer of the store or the customer of any service. As a rule, the appeal of citizens goes to the territorial structure of the department - Rospotrebnadzor in Moscow or St. Petersburg. But customer complaints are not the only factors that can affect the initiation of verification. There are other good reasons. For example, these are:
- the period during which the organization orthe entrepreneur must fulfill the order issued by Rospotrebnadzor on the need to eliminate the violation of the requirements, which are determined at the level of relevant legal acts;
- the department was contacted by otherindividual entrepreneurs, officials from the structures of state or municipal authorities, and Rospotrebnadzor considered their appeal appropriate to their competence;
- at the enterprise there was a precedent connected with an emergency situation of a natural or technogenic nature, dangerous for citizens.
Note that the very "relevant legal acts"can reflect both federal and municipal legislation. If the city where the company is registered, which checks Rospotrebnadzor - St. Petersburg, in which case the control and supervision procedures will take into account the local legislation of the northern capital.
An unscheduled audit should also be discussedwith the prosecutor's office of the settlement. If the city where the Rospotrebnadzor is to be checked, is St. Petersburg, then the coordination must take place with the procuratorial structures of the northern capital. In case the emergency situation became the basis, the agency should notify the relevant law enforcement agency within 24 hours after the unscheduled inspection.
Subject of verification
Suppose, our company is going to inflictvisit (within the framework of such procedure as planned inspection) Rospotrebnadzor. What inspectors check most often? The attention of specialists can attract a fairly wide range of objects - the area of the room, the level of illumination, the location relative to the residential blocks of the building (if the business is located in that). It is possible that inspectors do not like the fact that some entrances to the building are located in close proximity to private apartments. The investigation of businesses for violations is usually accompanied by a study of documents, which, according to the legislative requirements, the company should own, and the subsequent issuance of an act.
So, on the nose - check, Rospotrebnadzor. What is being checked? As we have already said, documents can be of interest to the employees of the said department. What kind of? It depends on the profile of the organization. More often than not, the documents represent various kinds of conclusions drawn up by the sanitary and epidemiological services. Also, in some cases, it may be necessary to issue certificates of conformity for the goods or products that are being sold. Among the documents that the department will also require in a number of cases is a contract with a specialized organization engaged in the export of solid waste (in practice, however, such agreements are signed, as a rule, by the owner of the premises - if the entrepreneur rents a shop or office, copy of the document).
Inspection inspectors may also expiration datesproducts sold, then how are some products relative to others, the temperature regime of the content of products and other types of regulations. If the employer has hired employees, Rospotrebnadzor will probably ask to show the health records drawn up on them (if the law prescribes them to have, based on the positions occupied by specialists) and information about the medical examination. In many cases, the agency also checks the quality of the overalls of employees.
The most important document is the program of productioncontrol. It should contain key provisions reflecting the rules for the exploitation of productive resources. For example, how the level of illumination in the room is controlled, the temperature in it, how regularly the clothes of specialists are washed. Experts believe that this document is one of those that Rospotrebnadzor asks most frequently. The audit plan drawn up by the Office, therefore, can be largely reduced to monitoring the existence of business control programs.
Another important document is a register of fundsdisinfection. Its peculiarity is that it is subject to preliminary registration in the inspecting agency itself. That is, the company should formalize it in advance. The penalty for his absence is quite impressive - 20 thousand rubles.
The main measure of the department's response to violationsenterprises of sanitary and other legislation - fines. Simultaneously, they are given instructions, according to which the business needs to eliminate violations. The Rospotrebnadzor fines can go up to several hundred thousand rubles. The principles of their definition are set out in the Code of Administrative Offenses of the Russian Federation. At the same time, an organization or an entrepreneur has the right to appeal fines.
What checks Rospotrebnadzor, we found out. At the same time it will be useful to study the algorithm of actions, in case the department comes to our company with a check. What should be done at the time of the inspector's visit?
First of all, you should familiarize yourself with the contenthis official identification (and similar documents of other employees - if there are several inspectors). If everything is in order, then it makes sense to ask to show the order of Rospotrebnadzor to conduct an appropriate type of inspection. This kind of document should contain a number of mandatory information. Namely:
- an indication of which particular territorial department of Rospotrebnadzor is conducting the audit;
- Name of officials who are properly authorized to perform the audit;
- Name of experts and partner organizations that are involved in the work of inspectors of Rospotrebnadzor;
- the name of the enterprise or the name of the individual entrepreneur in respect of which the audit is initiated;
- information on the purposes of the audit, its tasks, the immediate subject matter, and the timing of the conduct;
- list of grounds for initiating the audit with reference to legal acts;
- list of mandatory requirements established by law (including municipal), the implementation of which the organization is subject to verification;
- information on activities related to monitoring the implementation of tasks to achieve the objectives of the audit - the timeline and list;
- a list of administrative regulations relevant to the verification procedures and the control type of activities;
- a list of documents that an organization or an individual entrepreneur needs to have in order to achieve the verification objectives;
- date of the beginning of the inspection and its completion.
Inspectors are also required to give a copy of this order to the head of the organization. On it, the corresponding territorial department of Rospotrebnadzor should put its seal.
Nuances of verification
As we said above, inspectors can test a fairly wide range of elements of the production process. What other noteworthy actions can the department's specialists make?
If the inspectorsdepartmental interaction involved sanitary doctors, then in this case, most likely to be checked are the very findings issued by the sanitary and epidemiological services, as well as certificates of compliance. It all depends on the profile of the firm's activities, as well as on the types of goods sold. In particular, the products that must be certified on a mandatory basis are reflected in the list, which is prescribed in Government Decision No. 982 of December 1, 2009. As some experts note, the lack of appropriate documents for goods sold is one of the most frequent violations, which is revealed by inspectors of Rospotrebnadzor.
Specialists of the department can also checkorganization for compliance with SanPiN. Also, if we talk about documents, Rospotrebnadzor can request contracts concluded between the business and the organization providing disinsection and deratization services. In addition, specialists in the epidemiology of Rospotrebnadzor can verify to what extent the provisions of the relevant agreements are implemented in practice. That is, to see, for example, whether there are insects or rodents in the room.
When not all actions are legitimate
We discussed what Rospotrebnadzor is testing,considered the nuances of the relevant control and supervisory activities. It will be useful to find out what actions the department should not have. These include:
- inspection by inspectors of the fulfillment of requirements, which are appointed by other departments, outside their competence;
- scheduled inspections, if the officials of the organization or their representatives who are required to participate in the event are absent from the workplace;
- require documents, the provision of information, samples of goods, if they are not included in the list of those that constitute the object of verification;
- withdraw documents that can not be attributed to the subject of control and supervision activities;
- require samples of goods or products in order to examine them in the order of examination, without having issued a properly drawn up report on the appropriate sampling;
- to take samples of the goods in excess of those norms that are established in the relevant regulatory documents;
- violate trade secrets, disclose information that is protected by relevant norms of the law, if they are obtained during the audit (unless otherwise prescribed in legal acts).
What checks Rospotrebnadzor, as well as whatlimitations of its possible actions, we found out. The most important moment is the documentary registration of information on control and supervisory activities conducted by the Office. Organizations and entrepreneurs should create a special accounting journal, issued through firmware, numbering, and also stamped by the firm, in which information that reflects the actions of the inspection agency is to be recorded. Every time a territorial Rospotrebnadzor comes to visit, it is necessary to make appropriate records in this journal. They should contain the following data:
- name of the supervisory authority;
- date, time of verification;
- legal grounds for conducting the control and supervisory activities;
- goals, verification tasks;
- the subject of the event conducted by the Office;
- list of violations;
- information on the protocols and prescriptions drawn up by the inspectors.
The journal should also indicate the name, as well asthe post of representatives of Rospotrebnadzor, who directly participated in the audit. They must also subscribe to the information reflected in the document in question.
After Rospotrebnadzor conducts the audit, the specialists of the department are required to draw up an act on the relevant event. It should reflect the results of control and supervisory procedures.
The act is made in two copies. It should contain the following information:
- date, time, compilation address;
- the name of the structure of Rospotrebnadzor, which conducted the audit;
- date, as well as the number of the order, according to which the control and supervisory activity was conducted;
- Name and designation of positions of specialists of the department that conducted the audit;
- the name of the organization being audited, the full name of the head or his representative who was present at the control and supervisory procedures (and also similar type of information about the individual entrepreneur);
- date, time, duration, address of the verification;
- information on the results of control and surveillance activities, violations that Rospotrebnadzor specialists were able to identify (the nature of non-compliance with legal acts, persons who allowed them, etc.);
- data reflecting the fact of acquaintance (or refusal of it) with the current act of checking the head of the company (its representative) or an individual entrepreneur;
- information on making an entry in the journal (of which wementioned above) of the records of the supervisory control exercise conducted or the impossibility of fixing the relevant information due to the fact that the necessary document was not available to the organization or the IP;
- signatures of specialists from Rospotrebnadzor, who conducted the audit.
In addition to the act that is issued in twoexams, other documents may be required. For example, if the experts of the department carried out the selection of goods, examined the premises and other objects relevant to the subject of verification, protocols, conclusions, explanations, acts and other kinds of papers related to the control and supervisory activity should be drawn up.
Where the copies of the base document are sent,act? One copy is given to the head of the organization (or entrepreneur), his representative. The second one goes to the corresponding territorial center of Rospotrebnadzor for inclusion in the registers. A variant of sending the first copy by mail with a letter with a notification is possible.
If there are complaints
Enterprises have every right to appeal the resultscheck Rospotrebnadzor. If there are any doubts, you should express your discontent as soon as possible. Since by default the department's orders are subject to immediate execution. If the business does not eliminate the requirements, then, in accordance with the provisions of the Code of Administrative Offenses of the Russian Federation, the enterprise will be brought to administrative responsibility. How to complain? Disagreement with the results of the audit should be made in the form of a complaint. You can send it directly to the court or to the higher structure of the department. For example, if the audit was carried out by one of the territorial departments of the capital organization, the complaint can be sent to the Moscow Rospotrebnadzor (Office of the Authority).
What should the document contain? The complaint should indicate the probable mistakes of the employees of the procedural department (for example, if the norms reflecting the presence of the head or his representative at the workplace were not observed), incorrect application of current legal acts, etc.
It should be noted that orderAppeals for different documents issued by Rospotrebnadzor on the fact of verification are not always the same. For example, if the subject of the complaint is a written order, then the procedure for its review should be carried out in accordance with the 25th chapter of the CCP. If the department has issued a resolution, then the 30th article of the Code of Administrative Offenses enters into force. At the same time, the nature of the document complained of does not determine the authority to which the complaint is directed. That is, if the incorrect, in the opinion of the entrepreneur, the actions were committed by the capital's employees of the department - we send the document to Rospotrebnadzor in Moscow, to the Administration of the body.