Unscheduled inspections of Rospotrebnadzor are carried out in the following cases. What does Rospotrebnadzor check? and processing of personal data

CHECKS BY ROSPOTREBNADZOR -REMINDER TO THE ENTREPRENEUR!

1. Types of checks

2. Whom can Rospotrebnadzor check?

3. What does Rospotrebnadzor check?

4. How is the inspection of Rospotrebnadzor

5. The most common penalties of Rospotrebnadzor:

6. How to prepare for an inspection by Rospotrebnadzor?

Many entrepreneurs working in various areas of business, when carrying out their activities, have to have a relationship with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, or in a simple way, Rospotrebnadzor! This department is the controlling state organization and issues orders and imposes fines. Any business is obliged to build the correct strategy for relations with Rospotrebnadzor in order to avoid sanctions from its side. Every entrepreneur is obliged to know how Rospotrebnadzor conducts inspections! Below is the basic information about the inspections carried out by Rospotrebnadzor within the framework of its powers!

TYPES OF CHECKS

Rospotrebnadzor, within the framework of the current legislation, can conduct inspections of the following main types:

Planned, which are held once every 3 years for a separate organization or private entrepreneur on the basis of a schedule developed for the calendar year ahead. This document describes the subject of the inspection, the timing and the name of the inspected subject.

entrepreneurial or other activity, which will be officially warned about it no later than 3 days before the arrival of Rospotrebnadzor employees. An exception is made by organizations operating in the system of public events, education and health care;

Unscheduled, which are carried out on the basis of complaints and appeals of citizens, as well as to monitor the implementation of previously issued orders to eliminate violations. Verification is not conducted on the basis of anonymous or non-verbal claims. In addition, any unscheduled inspection must be coordinated with the prosecutor's office. In the food-related business sectors, unscheduled inspections are carried out without warning. In critical cases, when there is a real threat to human and animal health, the inspection is carried out without the authorization of the prosecutor's office;

Offsite or documentary. This type of inspections determines the very procedure for the relationship between the inspector and the business. An employee of Rospotrebnadzor can personally visit the enterprise to be inspected, or request a package of documents for research at his own workplace.

WHO CAN ROSPOTREBNADZOR CHECK?

The answer to this question is quite simple! Almost any enterprise, but most often it is a business that works in the field of consumer relations, that is, closely related to the population, is checked. Enterprises of trade, food production, providing various services, education - this is not a complete list of organizations that can be inspected by employees of Rospotrebnadzor.

WHAT DOES ROSPOTREBNADZOR CHECK?

The jurisdiction of Rospotrebnadzor includes many different functions that are carried out by specialists in different directions. This organization has been delegated all the control and audit powers previously exercised by the sanitary and epidemic stations. Rospotrebnadzor exercises control in the following areas:

Compliance with consumer protection legislation;

Monitoring of the sanitary and epidemiological situation at enterprises;

Certification of employees working in contact with food;

Audit of the hygienic and social environment of enterprises;

Compliance with norms and laws in the field of energy conservation.

Often, after receiving complaints from citizens, Rospotrebnadzor initiates a comprehensive unscheduled check of the correctness of the registration of labor relations, the availability of sanitary books, KKM and product certificates, as well as the compliance of the premises used with norms and standards.

HOW DOES THE ROSPOTREBNADZOR CHECK PASS

All checks begin with an audit of documents. The inspector has the right to request any documentation within the competence of Rospotrebnadzor. When conducting an on-site inspection, an employee of the department must present:

Personal identity card;

An order for carrying out control measures.

As a result of the check, an act or conclusion is drawn up, which reflects all the violations that need to be eliminated. The inspector of Rospotrebnadzor, in case of violations, can issue an order to eliminate, impose a fine, suspend the activities of the enterprise until the violations are eliminated, or refer the case to the courts.

THE MOST COMMON PENALTIES OF ROSPOTREBNADZOR:

IMPORTANT! The conclusion of the inspector of Rospotrebnadzor can be appealed within 3 months from the date of registration of orders or the imposition of a fine in the higher structure of Rospotrebnadzor or directly in court!

LIST OF REQUIRED DOCUMENTS

FOR DOING BUSINESS:

IN THE FIELD OF CLOTHING AND FOOTWEAR TRADE:

2. Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control".

community of the Commission of the Customs Union on the adoption of technical

regulations of the customs union "on the safety of products of light

industry ".

4. Decree of the Government of the Russian Federation of January 19, 1998 No. 55 "On approval of the rules for the sale of certain types of goods, the list of durable goods, which are not subject to the buyer's requirement to provide him with a free provision of similar goods for the period of repair or replacement, and a list of non-food goods of proper quality, not subject to return or exchange for a similar product of a different size, shape, dimension, style, color or configuration ”.

IN THE SPHERE OF RESTAURANTS, CAFES, BANQUET ROOMS:

1. Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control".

2. Federal Law of March 30, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population".

3. Federal Law of June 24, 1998 No. 89-FZ "On Production and Consumption Wastes", edition No. 22 of December 29, 2014.

5. Federal Law of 23.11.2009 N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation".

8. Order of the Ministry of Health and Social Development of the Russian Federation of April 12, 2011 No. 302 / n "On the approval of lists of harmful and (or) hazardous production factors and work, in the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for conducting these examinations (examinations ) workers engaged in heavy work and work with harmful and (or) hazardous working conditions. "

9. Uniform sanitary - epidemiological and hygienic requirements for goods subject to sanitary - epidemiological supervision (control), approved by the decision of the Customs Union Commission dated May 28, 2010 No. 299.

10. SP 2.3.6.1079-01 "Sanitary and Epidemiological Requirements for Public Catering Organizations, Manufacturing and Working Capacity of Food Raw Materials and Food Products".

11. SanPiN 2.3.2.1324-03 "Hygienic requirements for the shelf life and storage conditions of food".

12. SP 1.1.2193-07 "Changes and additions No. 1 to SP 1.1.1058-01" Organization and implementation of production control over compliance with sanitary rules and the implementation of sanitary and anti-epidemic (preventive) measures "".

13. SanPiN 2.3.2.1078-01 "Hygienic requirements for the safety and nutritional value of food products."

14. TR CU 021/2011 "Technical regulations of the Customs Union" On food safety "(Approved by the Decision of the Customs Union Commission dated 09.12.2011 No. 880)".

15. TR CU 029/2012 "Technical Regulations of the Customs Union" Safety Requirements for Food Additives, Flavors and Technological Aids "(Approved by the decision of the EEC Council dated 20.07.2012 No. 58)".

16. TR CU 034/2013 "Technical regulations of the Customs Union" On the safety of meat and meat products "(Adopted by the Decision of the EEC Council dated 09.10.2013 No. 68)".

HOW TO PREPARE FOR ROSPOTREBNADZOR'S CHECK?

ADVICE! Do not panic when you receive a notification about an inspection or a sudden arrival of a Rospotrebnadzor employee. If necessary, invite a lawyer. Strictly monitor the compliance of the inspectors with legal norms and everything will be in order!

The best way to avoid unfounded decisions of Rospotrebnadzor employees during an inspection is to involve specialists in this field in the process, but this service is not cheap. It is very difficult to put your activities and documentation in order on your own, so you should run your business in such a way that the inspector of Rospotrebnadzor cannot find fault with anything!

Directorate of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Republic of Dagestan

1. The subject of an unscheduled inspection is compliance by a legal entity, an individual entrepreneur in the process of carrying out activities with the mandatory requirements and requirements established by municipal legal acts, compliance with the instructions of state control (supervision) bodies, municipal control bodies, taking measures to prevent harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archive Fund of the Russian Federation, documents , which have a special historical, scientific, cultural significance, which are part of the national library fund, to ensure the security of the state, to prevent the occurrence of natural and man-made emergencies, to liquidate giving the consequences of causing such harm.

2. The basis for an unscheduled inspection is:

1) the expiration of the term for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts;

1.1) the receipt by the state control (supervision) body, the municipal control body of an application from a legal entity or individual entrepreneur for the granting of a legal status, a special permit (license) for the right to carry out certain types of activities or permission (approval) to carry out other legally significant actions, if carrying out an appropriate unscheduled inspection of a legal entity, an individual entrepreneur is provided for by the rules for granting legal status, special permission (license), issuance of a permit (approval);

2) a reasoned presentation by an official of a state control (supervision) body, a municipal control body based on the results of an analysis of the results of control measures without interaction with legal entities, individual entrepreneurs, consideration or preliminary verification of applications received by state control (supervision) bodies, municipal control bodies, and statements of citizens, including individual entrepreneurs, legal entities, information from public authorities, local authorities, from the media about the following facts:

(see text in previous edition)

A) the emergence of a threat of harm to the life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, especially valuable, in including unique documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as threats of natural and man-made emergencies;

(see text in previous edition)

B) causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as the occurrence of natural and man-made emergencies;

(see text in previous edition)

C) violation of consumer rights (in the case of an appeal to the body exercising federal state supervision in the field of consumer protection, citizens whose rights have been violated, provided that the applicant applied for the protection (restoration) of his violated rights to a legal entity, an individual entrepreneur, etc. the appeal was not considered or the applicant's claims were not satisfied);

(see text in previous edition)

d) violation of the requirements for the labeling of goods;

2.1) identification, when carrying out control measures without interaction with legal entities, individual entrepreneurs, of the parameters of the activity of a legal entity, an individual entrepreneur, the compliance with which or deviation from which according to the approved federal executive body performing functions for the development and implementation of state policy and legal regulation in the established field of activity, indicators of the risk of violation of mandatory requirements is the basis for an unscheduled inspection provided for in the regulation on the type of federal state control (supervision);

(see text in previous edition)

3) the order (order) of the head of the state control (supervision) body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection in the framework of supervision over the execution of laws on the materials and appeals received by the prosecutor's office.

(see text in previous edition)

3. Appeals and statements that do not allow to identify the person who applied to the state control (supervision) body, the municipal control body, as well as appeals and statements that do not contain information about the facts specified in paragraph 2 of part 2 of this article, cannot serve as a basis for conducting an unscheduled inspection. In the event that the information set forth in the appeal or application may, in accordance with paragraph 2 of part 2 of this article, be the basis for an unscheduled inspection, an official of a state control (supervision) body, a municipal control body, if he has reasonable doubts about the authorship of the appeal or application is obliged to take reasonable measures to identify the applicant. Applications and statements sent by the applicant in the form of electronic documents can serve as the basis for an unscheduled check only if they were sent by the applicant using information and communication technologies that provide for mandatory authorization of the applicant in a unified identification and authentication system.

(see text in previous edition)

3.1. When considering applications and applications, information about the facts specified in part 2 of this article, the results of consideration of previously received similar applications and applications, information, as well as the results of previously carried out control measures in relation to the relevant legal entities, individual entrepreneurs must be taken into account.

3.2. In the absence of reliable information about the person who violated the mandatory requirements, the requirements established by municipal legal acts, sufficient data on the facts specified in part 2 of this article, authorized officials of the state control (supervision) body, the municipal control body may conduct a preliminary check of the received information. In the course of the preliminary verification of the information received, measures are taken to request additional information and materials (including orally) from the persons who sent applications and appeals, who submitted information, the documents of a legal entity, an individual entrepreneur, available at the disposal of the state control body ( supervision), a municipal control body, if necessary, control measures are taken without interaction with legal entities, individual entrepreneurs and without imposing on these persons the obligation to provide information and fulfill the requirements of state control (supervision) bodies, municipal control bodies. As part of a preliminary check, a legal entity, an individual entrepreneur may be asked for clarifications regarding the information received, but the submission of such explanations and other documents is not required.

(see text in previous edition)

3.3. If, based on the results of a preliminary check, persons who have violated the mandatory requirements, the requirements established by municipal legal acts, have received sufficient data on the facts specified in part 2 of this article, an authorized official of the state control (supervision) body, the municipal control body prepares a reasoned submission on appointment of an unscheduled inspection on the grounds specified in clause 2 of part 2 of this article. Based on the results of a preliminary check, measures to bring a legal entity or an individual entrepreneur to justice are not taken.

(see text in previous edition)

3.4. By the decision of the head, deputy head of the state control (supervision) body, the municipal control body, the preliminary inspection, unscheduled inspection is terminated if, after the start of the corresponding inspection, the anonymity of the appeal or the statement that was the reason for its organization is revealed, or deliberately false information contained in the appeal or statement.

3.5. The state control (supervision) body, the municipal control body has the right to apply to the court with a claim to recover from a citizen, including from a legal entity, an individual entrepreneur, the costs incurred by the state control (supervision) body, the municipal control body in connection with the consideration of the applications received , appeals of these persons, if deliberately false information was indicated in the applications, appeals.

4. An unscheduled inspection is carried out in the form of a documentary inspection and (or) on-site inspection in accordance with the procedure established by this Federal Law, respectively.

5. An unscheduled field inspection of legal entities, individual entrepreneurs can be carried out on the grounds specified in subparagraphs "a", "b" and "d" of paragraph 2, paragraph 2.1 of part 2 of this article, by state control (supervision) bodies, municipal control bodies after agreement with the prosecutor's office at the place of implementation of the activities of such legal entities, individual entrepreneurs.

(see text in previous edition)

6. The standard application form for the approval of the state control (supervision) body, the municipal control body with the prosecutor's office of the conduct of an unscheduled field inspection of a legal entity, an individual entrepreneur is established by the federal executive body authorized by the Government of the Russian Federation.

(see text in previous edition)

7. The procedure for the approval of the state control (supervision) body, the municipal control body with the prosecutor's office for an unscheduled on-site inspection of a legal entity, individual entrepreneur, as well as approval of the prosecutor's office for approval of an unscheduled on-site inspection is established by order of the Prosecutor General of the Russian Federation.

(see text in previous edition)

8. On the day of signing the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled field inspection of a legal entity, individual entrepreneur in order to coordinate its conduct, the state control (supervision) body, the municipal control body shall submit or send by registered mail with an acknowledgment of receipt or in the form of an electronic document signed with an enhanced qualified electronic signature, to the prosecutor's office at the place of business of a legal entity, an individual entrepreneur, an application for approval of an unscheduled on-site inspection. This application shall be accompanied by a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled field inspection and documents that contain information that served as the basis for its conduct.

(see text in previous edition)

9. An application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it are considered by the prosecutor's office on the day they are received in order to assess the legality of an unscheduled on-site inspection.

(see text in previous edition)

10. Based on the results of consideration of an application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it, no later than during the working day following the day of their receipt, the prosecutor or his deputy makes a decision on the approval of an unscheduled on-site inspection or on refusal to agree on its conduct.

(see text in previous edition)

11. Grounds for refusal to approve an unscheduled on-site inspection are:

1) the absence of documents attached to the application for approval of an unscheduled field inspection of a legal entity, individual entrepreneur;

(see text in previous edition)

2) the absence of grounds for conducting an unscheduled on-site inspection in accordance with the requirements of part 2 of this article;

3) non-compliance with the requirements established by this Federal Law for the execution of the decision of the state control (supervision) body, the municipal control body on conducting an unscheduled field inspection;

4) carrying out an unscheduled on-site inspection that contradicts federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation;

5) inconsistency of the subject of the unscheduled on-site inspection with the powers of the state control (supervision) body or the municipal control body;

6) verification of compliance with the same mandatory requirements and requirements established by municipal legal acts in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies.

12. If the reason for the unscheduled on-site inspection is harm to the life, health of citizens, harm to animals, plants, the environment, cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance that are part of the national library fund, state security, as well as the occurrence of natural and man-made emergencies, detection of mandatory violations requirements and requirements established by municipal legal acts, at the time of committing such violations due to the need to take urgent measures, state control (supervision) bodies, municipal control bodies have the right to proceed with an unscheduled on-site inspection immediately with the notification of the prosecutor's office about the implementation of control measures by sending the documents provided for in parts 6 and this article to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy decides on the approval of an unscheduled on-site inspection on the day the relevant documents are received.

(see text in previous edition)

13. The decision of the prosecutor or his deputy on the approval of an unscheduled on-site inspection or on the refusal to approve its conduct is made in writing in two copies, one of which on the day of the decision is submitted or sent by registered mail with a receipt acknowledgment or in the form of an electronic document signed with a strengthened qualified electronic signature to a state control (supervision) body, a municipal control body. paragraph 2 of part 2 of this article, a legal entity, an individual entrepreneur shall be notified by a state control (supervision) body, a municipal control body at least twenty-four hours before the start of its conduct by any available means, including through an electronic document signed with an enhanced qualified electronic signature and sent to the e-mail address of a legal entity, an individual entrepreneur, if such an address is contained, respectively, in the unified state register of legal entities, the unified state register of individual entrepreneurs, or was previously submitted by a legal entity, an individual entrepreneur to a state control (supervision) body, a municipal control body.

(see text in previous edition)

17. In the event that, as a result of the activities of a legal entity, an individual entrepreneur, harm is or is being done to the life and health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, museum items and museum collections, included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, and emergency situations of natural and man-made nature, preliminary notification of legal entities, individual entrepreneurs about the beginning of an unscheduled field inspection is not required.(see text in previous edition)

20. In the event of violations by members of a self-regulatory organization of mandatory requirements and requirements established by municipal legal acts, officials of a state control (supervision) body, a municipal control body during an unscheduled on-site inspection of such members of a self-regulatory organization are obliged to inform the self-regulatory organization of the identified violations within five working days from the date of the end of the unscheduled on-site inspection.

21. In the event that the basis for an unscheduled inspection is the expiration of the time limit for the fulfillment by a legal entity, an individual entrepreneur of an order to eliminate the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts, the subject of such an inspection can only be the execution of the issued by the state control body ( supervision) and (or) the authority of the municipal control of the order.

An unscheduled inspection by Rospotrebnadzor is always a serious test for an entrepreneur. What rights the person being checked has in this case, and what he should pay priority attention to, our article will tell.

Read in our article:

Unscheduled inspection of Rospotrebnadzor - in what cases is it carried out

The powers of Rospotrebnadzor include control of the sanitary and epidemiological situation:

  • at catering points (cafes, restaurants, canteens);
  • at any industrial enterprises related to food products and not only (working conditions, condition of premises);
  • when developing construction schemes, during construction.

Unscheduled inspections are of 2 types - documentary and on-site. Documentary are held on the territory of Rospotrebnadzor, and offsite are carried out directly at the enterprise.

According to the statistics of the Ministry of Economic Development, Rospotrebnadzor checks enterprises more often than other control bodies. It is important for an OSH specialist to know how inspections are carried out and what inspectors will check from his area of ​​responsibility. In the article, you will find out what documents the controllers will request, who were released from scheduled inspections and how they will be punished for violations.

If the task is to verify compliance with the prescription, then the inspectors can study during the procedure only what concerns this issue, and no more.

If there are checks in the process, this means that the last time it was not carried out thoroughly enough. The inspector is obliged to report the detected violation to his management, but during the current unscheduled control he has no right to issue a new resolution, for this another inspection should be appointed.

Grounds for an unscheduled inspection by Rospotrebnadzor

  • expiration of the term for fulfilling the order received by the entrepreneur to eliminate the comments found during the scheduled inspection;
  • appeal (application) of citizens, organizations, individual entrepreneurs, executive authorities;
  • damage to the life and health of citizens in the course of the production activity of the enterprise, the occurrence of emergencies of a man-made or natural nature, for example, during an epidemic of an infectious intestinal disease, public catering enterprises, housing and communal services, etc .;
  • violation of consumer rights (based on complaints from citizens).

Rospotrebnadzor checklists

The procedure for an unscheduled inspection by Rospotrebnadzor

An unscheduled inspection is carried out by order. Checklists are not used in this case. It is legal to use them only during routine inspections.

Attention

The period for the documentary and exit forms cannot exceed 20 working days.

During the verification activities, the mode of operation of the audited persons is taken into account.

Rospotrebnadzor conducts documentary checks on its territory. The resolution provides the required list of documents. The object organization brings them to the inspector in the form of copies certified in a simple way. No notarization is required. Also, in agreement with the inspector, it is possible to provide documentation in digital form via e-mail.

It is forbidden to demand from the entrepreneur documents that are not related to the subject of the audit. If the production control is being checked, the inspector does not have the right to request a copy, because he must request this data from the medical organization. Indeed, according to it, the medical organization, and not the employer, is obliged to provide a copy of this document to the territorial department of the RPN.

Service "TrudOhrana 360. Automated workplace for labor protection" will help in the development of training programs and instructions, in the organization of medical examination, issuance of PPE and the development of local documents on labor protection. The service will save the labor protection specialist from routine work and will allow him to devote more time to analyzing the state of labor protection, identifying hazards, assessing the magnitude of risks and developing corrective measures. Take advantage of the free demo access right now!

Unscheduled field inspection of Rospotrebnadzor

If, during the documentary check, the RPN reveals errors, contradictions or violations, he will require the organization to provide explanations in writing within 10 working days. If after that the inspector still has doubts about the reliability of the data, he has the right to conduct an on-site control.

During the entire process, a manager or an authorized representative of the organization must be present. The authorized representative must have a power of attorney to represent the interests of his employer, which is transferred to the inspector.

Both planned and unscheduled inspections of Rospotrebnadzor begin with the provision of an official certificate by the inspector and familiarization of the authorized representative with his rights and obligations in accordance with. The auditee must receive an order on an on-site inspection with an indication of its subject, as well as information on the powers of the inspectors. Persons not listed in the order are not entitled to be present during the procedure. This also applies to the experts involved.

The receiving party is obliged to provide access for inspectors to the territory, premises, buildings, structures, equipment, vehicles, placed cargo and finished products, raw materials, etc., specified in the order.

The worst option would be to close access to any of the objects (warehouse, premises, etc.). This will be regarded as restricting the inspectors' access to the subject of inspection. Therefore, provide the inspector with all-round assistance, give the necessary explanations, open all doors for him so that he does not have any doubts.

A frank admission of one's guilt (if any) can help, if not reduce the amount of the fine, then get an inspector's advice on the most optimal way out of this situation.

Unscheduled inspection of Rospotrebnadzor in 2019

In 2019, the order of unscheduled checks of the tap changer does not change. for unscheduled inspections it is not regulated, therefore, you need to be guided by 294-FZ.

Unscheduled inspection of Rospotrebnadzor without warning - is it legal?

Notification 24 hours before the start will not be issued if the actions of the inspected individual entrepreneur or legal entity threaten the life of people, the health of citizens, animals, plants, the environment, cultural heritage and state security.

Therefore, if they write a complaint against you that you are secretly selling counterfeit vodka, no one will warn you 24 hours in advance by phone or email. The inspector will come suddenly and check on the complaint.

Should Rospotrebnadzor warn of an unscheduled inspection

The tap changer is not obliged to warn about an unscheduled inspection.

The check is therefore called unscheduled, because it does not require drawing up a schedule for a year in advance and publishing it on the website. This is a sudden event, designed to determine on the spot the actual state of affairs in compliance with the sanitary legislation of the Russian Federation.

Unscheduled inspection of Rospotrebnadzor on complaint

An unscheduled check on complaints from citizens is most often carried out in the retail trade, public catering, as well as in the provision of personal services (hairdressing salons, beauty salons, etc.).

A citizen applies to the window for receiving applications and appeals at the territorial department of Rospotrebnadzor, and can also send an application by e-mail or call the hotline.

The appeal is recorded, the information is checked, specified, the citizen is summoned to the appropriate department of control and supervisory activities to testify.

Photo and video filming, written explanations, cash receipts, flyers and other visual evidences that will show that the appeal is reasonable, and not simple settling of bills, for example, are accepted as evidence of improper provision of services.

Anonymous requests are not accepted. If a citizen decided to complain about the actions or inaction of entrepreneurs, he is obliged to submit his personal data to the department of supervisory and control activities. At the same time, he has the right to write a statement requesting the removal of his personal data from the documents that are the basis for verification.

A certain cosmetology company diagnosed the condition of the skin. Employees of the firm cleverly convinced clients of dermatological problems, promised improvement within ten treatments, and sold suitcases of cosmetics and certificates for beauty services on credit in partnership with a commercial bank. The amount of a check for services started at 60,000 rubles.

The victims of unscrupulous cosmetologists wrote complaints to Rospotrebnadzor, in which they referred to insufficient information about the service and possible allergic reactions, to the lack of data on certification and calibration of diagnostic devices, and also expressed doubts about the presence of Russian diplomas of medical secondary or higher education among the staff.

All appeals of the victims were considered by the TU Rospotrebnadzor, the loan agreements were terminated, and the victims were able to return the suitcases with unnecessary cosmetics to the company. The creditor bank also received a warning about the improper provision of services.

Rospotrebnadzor - unscheduled inspection of individual entrepreneurs

The inspection procedures for an individual entrepreneur and a legal entity differ in the number of hours. Verification should not be more than fifty hours a year, and 15 hours for micro-enterprises. This is indicated in the clauses of the Administrative Regulations. A micro-enterprise is also considered to be an individual entrepreneur with up to 15 employees.

At the same time, the inspector must take these hours into account, combining them with the hours of the inspection object. The extension of the procedure is carried out by the decision of the head of the territorial department of the RPN, if there are justifications, and for the same period.

Unscheduled inspection of Rospotrebnadzor New Year

An unscheduled check in the pre-holiday period can be initiated by local governments.

If the district administration applies with such an initiative to the territorial department of the RPN, then an order is issued to conduct an unscheduled inspection, for example, of Christmas tree bazaars or points of sale of sparklers.

Objects will be warned about the arrival of an inspector 24 hours (per day). At the same time, a warning (notification) can be sent both to corporate e-mail and by phone. In this case, Law No. 294-FZ does not require notification of receipt of information about the audit.

How often Rospotrebnadzor can conduct unscheduled inspections

Unscheduled. It is important for an entrepreneur to remember that a repeated offense under the Administrative Code is punished severely.

The most difficult consequence will, of course, be disqualification by court order or the closure of the enterprise for 90 days. Only a judge has the right to disqualify a manager and officials, but an inspection inspector can close a factory or store. At the same time, the company is not exempt from paying an administrative fine and the obligation to comply with the order.

Did you find out about the upcoming inspection by Rospotrebnadzor? Has your company been tested and prosecuted? Disagree with the results of the check and want to appeal them?

In this article prepared by lawyers company "Check.No", tells about the procedure for checking Rospotrebnadzor, the timing and types of checks by Rospotrebnadzor, the rights and obligations of the inspector, as well as the possibility of appealing its results.

In this article, we have touched on the following topics. What Rospotrebnadzor checks. Inspection plan of Rospotrebnadzor. What organizations are checked by Rospotrebnadzor. Types of inspections by Rospotrebnadzor. How are the results of inspections drawn up? What are the grounds for recognizing the results of the inspection of Rospotrebnadzor as invalid, etc.

1) What does Rospotrebnadzor check?

Rospotrebnadzor (abbreviated)- Federal Service for Supervision of Consumer Rights Protection and Human Welfare. Rospotrebnadzor acts on the basis of the Regulation approved by the Decree of the Government of the Russian Federation of June 30, 2004 No. 322 and carries out the following types of inspections in relation to organizations and entrepreneurs:

1) Verification of compliance by organizations and entrepreneurs with sanitary and epidemiological rules and hygienic standards in accordance with the procedure established in the Regulation on sanitary and epidemiological supervision of September 15, 2005 No. 569.

2) Inspection of compliance by organizations and entrepreneurs with the norms of the Law on Consumer Rights Protection in accordance with the Regulation on Federal State Supervision in the Field of Consumer Rights Protection dated May 2, 2012 No. 412. This type of inspection by Rospotrebnadzor additionally includes:

organizing and conducting inspections of the observance of consumer rights by organizations and entrepreneurs.

organizing and conducting inspections of the compliance of goods (works, services) with safety requirements for the life and health of consumers and the environment.

In addition, Rospotrebnadzor organizes and conducts inspections of compliance with the rules for the sale of certain types of goods, as well as the quality and safety of certain types of products.

Rospotrebnadzor is authorized to issue orders to terminate and eliminate violations identified during the audit, to bring the perpetrators to administrative responsibility, to take urgent measures in the event of a significant real threat to the life and health of citizens and the environment (one of such measures is a temporary ban on activities, about which we we will tell you a little later).

2) Whom does Rospotrebnadzor check?

Given the tasks and subject of control, which is carried out by Rospotrebnadzor, this department can check almost any organization. But most often organizations and entrepreneurs whose activities are related to the provision of services to the population or from public catering organizations (cafes, restaurants, clubs, shops, trade pavilions, etc.)

Checking the store by Rospotrebnadzor; verification of individual entrepreneur by Rospotrebnadzor; inspection of the enterprise by Rospotrebnadzor; check by Rospotrebnadzor of a kindergarten; inspection of the school by Rospotrebnadzor; check of the pharmacy by Rospotrebnadzor; check by Rospotrebnadzor in a restaurant; inspection of the hairdresser by Rospotrebnadzor; inspection of catering by Rospotrebnadzor (canteens, cafes).

3) Rospotrebnadzor inspections (types, terms, grounds).

Rospotrebnadzor inspections are planned and unscheduled, documentary and on-site.

Scheduled inspection of Rospotrebnadzor.

Rospotrebnadzor conducts scheduled inspections in accordance with the annual plan posted on the official website of the territorial bodies of Rospotrebnadzor and on the websites of regional prosecutor's offices. The inspection plan of Rospotrebnadzor contains information about the inspections planned by Rospotrebnadzor (dates, duration of the inspection, the name of the person in respect of whom the inspection is planned, the subject of inspection).

The requirements for the procedure for conducting scheduled inspections of Rospotrebnadzor are formulated in the Law on the Protection of the Rights of Entrepreneurs during Inspections (hereinafter - Law No. 294-FZ). In accordance with the named law, organizations or an entrepreneur are notified of the start of a scheduled inspection by Rospotrebnadzor no later than 3 days before its start.

The notice of the beginning of the inspection by Rospotrebnadzor is sent to the legal address of the organization or entrepreneur, together with an order to conduct the inspection by registered mail with a receipt acknowledgment, or it is handed over to the legal representative of the organization (entrepreneur) against signature.

The basis for a scheduled inspection of Rospotrebnadzor is the expiration of three years from the moment:

registration of an organization or entrepreneur.

start of entrepreneurial activity.

the end of the last scheduled inspection.

Unscheduled inspection of Rospotrebnadzor.

Conducted in the event:

expiration of the term for execution of the previously issued order.

receipt by Rospotrebnadzor of information about the facts of a threat, harm to human life and health, the environment. Such information can come to Rospotrebnadzor from citizens, organizations, government agencies, as well as from the media.

receipt of information on violation of consumer rights to Rospotrebnadzor (if a citizen whose rights have been violated applies to Rospotrebnadzor).

Verification is not carried out on anonymous appeals, as well as in cases where there is no specific information about the above facts in the appeal.

An unscheduled inspection of Rospotrebnadzor is subject to agreement with the prosecutor's office. Departure from this rule is the basis for recognizing the results of the inspection of Rospotrebnadzor as invalid. Exceptions are cases when the inspection of Rospotrebnadzor was initiated in connection with the receipt by Rospotrebnadzor of information about the threat or harm to the life and health of citizens, animals and plants, state security, cultural heritage sites.

A notice of an unscheduled inspection of Rospotrebnadzor is sent to the organization (entrepreneur) in advance. In accordance with the requirements of Law No. 294-FZ, the audited organization must be notified of an unscheduled inspection of Rospotrebnadzor no later than 24 hours before its start, except for cases when it is carried out on the basis of information received by Rospotrebnadzor about the threat to human life and health , a threat to the environment.

Documentary and field inspections of Rospotrebnadzor.

Documentary and field inspections of Rospotrebnadzor can be both planned and unscheduled, and differ in the following.

During a documentary check, the Rospotrebnadzor inspector requests documents from the organization (entrepreneur) and checks them without visiting the organization's premises. And only if, as a result of studying the documents of the organization, the checking inspector sees such a need, an on-site inspection is appointed.

During documentary verification by Rospotrebnadzor, as a rule, you will need constituent documents of the organization, licenses, certificates, declarations, documents on product quality, orders on the appointment of responsible officials, magazines, and other administrative and business documents. During the documentary inspection of Rospotrebnadzor, the possibility of conducting special studies on the documents and product samples submitted for inspection is not excluded.

On the appointment of an on-site inspection of Rospotrebnadzor, the head of its territorial body (his deputy) should issue an independent order. The organization and the entrepreneur are notified in advance of the planned on-site inspection of Rospotrebnadzor.

During an on-site check, the inspector of Rospotrebnadzor checks not only documents, but visits the premises, territories used by the organization (entrepreneur), and also checks goods and equipment.

5) How is the inspection of Rospotrebnadzor going?

During the inspection, the inspector of Rospotrebnadzor must introduce himself, present an official certificate and an order to conduct an inspection, signed by the head of the territorial body of Rospotrebnadzor. The order must also indicate the data of the inspectors authorized to carry out the inspection, the start and end dates of the inspection, the address at which the inspection is carried out.

At the written request of the inspector, he is obliged to present all the necessary documents. For failure to comply with the requirements of the inspector of Rospotrebnadzor during his inspection, the organization (entrepreneur) bears administrative responsibility under Part 1 of Article 19.4 of the Code of Administrative Offenses of the Russian Federation. Therefore, if any documents in the organization are missing, it is necessary to notify the inspector about this in writing. All documents provided at the request of the inspector of Rospotrebnadzor are also advised to be reflected in the inventory and handed over to the inspector for signature.

When conducting an inspection, if necessary, the inspector of Rospotrebnadzor has the right to take samples of products, take samples for research, drawing up protocols about this. A copy of the protocol must be handed over to a representative of the organization (entrepreneur) against signature.

At the end of the inspection, the inspector of Rospotrebnadzor makes an appropriate entry in the inspection log and draws up its results.

6) Limiting the period for conducting an inspection by Rospotrebnadzor.

The inspection period cannot exceed 20 working days and can only be extended in exceptional cases by the decision of the head of the territorial body of Rospotrebnadzor. The Rospotrebnadzor inspector is obliged to inform the legal representative of the organization about the decision to extend the inspection period.

For small enterprises, the period for conducting a scheduled inspection cannot exceed 50 hours, and for a micro-enterprise - 15 hours per year. This exclusion applies only to scheduled on-site inspections of Rospotrebnadzor. When carrying out a documentary or unscheduled audit, the general period applies (20 working days).

Please note that when calculating the period of the inspection, it is necessary to summarize the time of all inspections (inspections carried out by all supervisory authorities in relation to the organization (entrepreneur) for the year.

7) Registration of the results of the inspection by Rospotrebnadzor.

Based on the results of the inspection, the inspector of Rospotrebnadzor draws up an act in two copies, one of which is handed over to the head of the organization (entrepreneur), their legal representatives against signature, or (if it is impossible to deliver the act) sent to the organization (entrepreneur) by registered mail with acknowledgment of receipt.

In case of disagreement with the facts reflected in the Rospotrebnadzor inspection report, written objections can be filed against it within 15 days from the date of its delivery. Objections may be accompanied by documents confirming their validity, as well as audio and video recordings, explanations of employees, etc. Objections are considered by the head of the territorial body of Rospotrebnadzor or his deputy within 30 days, after which a reasoned decision is made. The decision is reported to the organization (entrepreneur) that filed the objections.

In the event that Rospotrebnadzor detects violations based on the results of the inspection initiates an administrative offense case and issues a binding order to eliminate the identified violations.

8) Measures to respond to violations identified during the audit.

If the inspection reveals violations, the Rospotrebnadzor inspector has the right to:

Initiate an administrative offense case. From the moment the Rospotrebnadzor inspector makes a determination (in some cases - from the moment the protocol was drawn up), an administrative offense case is initiated. To draw up the protocol, the inspector of Rospotrebnadzor is obliged to invite the entrepreneur to the premises of the territorial body of Rospotrebnadzor, having previously notified the date, place and time of its preparation. After drawing up the minutes, an examination of the administrative case on the merits (issuance of a decision) is scheduled. Based on the results of the consideration of the case, a decision is made on the imposition of punishment.

The decision on bringing to responsibility can be appealed to the arbitration court within 10 days from the date of its delivery.

Issue a prescription. The order contains requirements for eliminating violations identified during the audit and must be complied with within the time period specified in it. For failure to comply with the order, the organization (entrepreneur) may be held liable under Article 19.5 of the Code of Administrative Offenses of the Russian Federation.

The Rospotrebnadzor order can also be challenged in court.

Draw up a protocol on the temporary ban of activities. A copy of the protocol on the temporary ban of activities is handed over to the legal representative of the organization. A temporary ban on activities is a measure to ensure the proceedings in an administrative case. The validity and legality of the application of a temporary ban on activities can be verified by the court at the request of the organization (entrepreneur) in respect of which it has been established. In the application, you have the right to declare disagreement with the actions of the inspector on the application of a temporary ban on activities to you, they will be given an assessment. A temporary ban on activities can be established only until a decision is made in an administrative case. After the decision on the case is made, the temporary ban on activities is lifted.

Go to court with a claim to ban the activity. This is an extreme measure of response to violations and it is applied only in relation to persistent violators, when the activities of the organization create a real danger to the life and health of citizens in the future and cannot be eliminated.

9) Restrictions when checking Rospotrebnadzor.

Law No. 194-FZ establishes the following restrictions when inspecting Rospotrebnadzor:

  1. check compliance with requirements that are not within the competence of Rospotrebnadzor.
  2. conduct an inspection in the absence of the head of the organization, the entrepreneur, their authorized representatives.
  3. require the provision of documents that are not related to the subject of the check.
  4. take samples of products, samples, if they are not objects of verification and without drawing up a protocol in the prescribed manner.
  5. disseminate information obtained during the audit.
  6. exceed the verification time frame.
  7. offer to conduct an audit at the expense of the organization (entrepreneur).

Rospotrebnadzor was created in order to control and suppress non-compliance with sanitary rules, as well as to take epidemiological measures to prevent the spread of various diseases.

We also associate Rospotrebnadzor as a federal body designed to protect consumer rights. Where the following functions may come in:

  • trade inspection;
  • organization of quality control of manufactured and sold goods;
  • control to ensure that manufacturers of goods comply with sanitary standards;
  • consumer rights Protection;
  • development of rules and regulations for hygiene and sanitary and epidemiological supervision.

After the inspection, the structural unit of Rospotrebnadzor issues a conclusion, which recognizes the sanitary and epidemiological safety. The purpose of this activity is to prevent infectious diseases.

Even before crossing the border with Russia, the goods are checked by Rospotrebnadzor.

The list of such products is as follows:

  • food products;
  • childen's goods;
  • household chemicals;
  • tobacco;
  • perfumery;
  • raw materials.

How to prepare for an inspection by Rospotrebnadzor - see this video:

The functions of this federal body, as well as the powers, are specified in the RF PP of 2004 "Regulations on the Service for Supervision in the Sphere of Consumer Rights Protection and Human Welfare". The service exercises the following powers:

  • control over compliance with the legislation of the Russian Federation on sanitary standards, consumer protection;
  • oversees the provision of sanitary and epidemiological conditions;
  • controls the sale of certain types of goods;
  • exercises control at checkpoints across the border;
  • control the creation of the country's food reserve;
  • implementation of licensing.

Certain goods cannot be produced without a license, which can lead to a considerable fine. In these cases, an organization or an enterprise obtains a license by applying to a government agency that has the right to issue it. Such bodies are called licensors.

Rospotrebnadzor is also considered a licensor. This federal body is responsible for the sanitary and epidemiological situation in the country, therefore it issues licenses to the following enterprises, organizations and entrepreneurs:

  • those who are engaged in production related to the use of substances that can cause infection;
  • those who work with sources of ionizing radiation.

Thus, Rospotrebnadzor protects society from the adverse effects of the environment, low-quality products, and production processes. Protects against the harmful effects of viruses.

For example, all vaccination companies against influenza are monitored by Rospotrebnadzor. That is, he looks after the interests of people, their safety and well-being.

What is forbidden by inspectors

From the previous section, you can see the variety of functions of Rospotrebnadzor. This is the issuance of conclusions based on the results of inspections, and control over the observance of consumer rights.

All this diversity can be summed up in a nutshell: consumer protection in a wide variety of areas. And since we are all consumers, in fact the work of this state body is connected with all of us.

But although many areas of production and sales are controlled by Rospotrebnadzor, it has its own limitations. Prohibitions also apply to the technical side of activities such as inspections. What is prohibited:

  • if the case does not pose an obvious threat, it is impossible to do the check without the checked one;
  • in no case - to confiscate documents, the originals can only be consulted;
  • objects and documents not foreseen in advance are prohibited to be checked;
  • to carry out the check for an unreasonably long time, deliberately delaying the time;
  • take samples larger than those specified in regulatory enactments;
  • pick up products for "study" without paperwork.

Over the past 10 years, violations by Rospotrebnadzor employees have sharply decreased. This happened due to the strengthening of control and tougher penalties from employees of state structures and officials.


In what order is the verification of LLC and individual entrepreneur carried out?

Types of checks for individual entrepreneurs and LLC

The main types of inspections by Rospotrebnadzor are fixed in Federal Law No. 294. To supervise enterprises, organizations and individual entrepreneurs, inspections are carried out:

  • planned;
  • unplanned.

Sometimes such events are organized jointly with several structures:

  1. veterinary inspection;
  2. fire department;
  3. tax service.

The main difference between scheduled and unscheduled inspections is the reason for their conduct. In the first case, this happens according to the schedule, in the second - according to the received signal.

- what are the main differences you can find out on the link.

Routine check - what to prepare for

The changes that have taken place in the Russian legislation over the past 2 years have also affected the 294-FZ of the Russian Federation. The checks will not affect those organizations that have been operating for less than 3 years. After that, they are included in the general schedule. The management of the enterprise is notified about the planned inspection in advance.

It goes like this. A copy of the order of the head of the local department of Rospotrebnadzor is sent to the organization's address by registered mail. The check can begin at least three days after the letter was received. According to the rules, the check cannot last more than 20 days.

For small companies, there are other conditions for the maximum duration of inspections. There should be no more than 50 hours of them per year. In exceptional cases, it is allowed to extend the verification for another 20 days.

The frequency of scheduled inspections is 1 time per 3 years. During the inspection, it is allowed:

  • check any documents that relate to the subject of the check, and accounting logs;
  • check the implementation of the law "On Protection of Consumer Rights";
  • monitor the availability of licenses and certificates. How to get a license for alcohol - read;
  • check the implementation of sanitary and epidemiological measures;
  • monitor the certification of employees;
  • propose ways to eliminate violations;
  • check the implementation of corrections in work or paperwork;
  • take samples for checking.

Regarding the last point, it should be said separately that the cost of the material taken for examination is not compensated, and the sampling itself must be formalized. All documents related to inspections must be available.

When inspecting the territories, Rospotrebnadzor checks:

  • buyer's corner;
  • registration of a sign, according to the rules;
  • the presence of price tags on goods;
  • the price tags must contain the details of the organization with the signature of the head;
  • availability of complete information about the product, including suppliers and manufacturers;
  • the parameters of the room should be normal;
  • the illumination must meet the requirements;
  • compliance with sanitary and hygienic rules: lighting, noise, cleanliness and vibration standards.

Any violation on the part of Rospotrebnadzor in compliance with the rules of a scheduled inspection may become the basis for refusing to conduct an inspection. Before you let the inspector check the documents, you need to make sure that his documents are available.

Any non-observance of the rules of verification is the basis for its termination.


Sample act of inspection by Rospotrebnadzor.

Documents for verification

Prepare in advance for a scheduled check, put all the documentation in order. During the verification process, the inspector has the right to demand any of the listed papers:

  1. Constituent (for example). What is checked: relevance, compliance with the declared reality about the enterprise, its structure, types of activities, licenses.
  2. Property contracts. Verification passes: identification of premises according to documents, footage and other parameters are taken into account.
  3. Personnel documents. The data are checked: the number of employees, the creation of additional conditions in case of increased harm to health, including regular medical examinations. How to compile a report on the average number of employees, you can find out
  4. Availability of medical books (if necessary). Timing is being checked.
  5. Sanitary measures. Documents for disinfection, garbage collection, etc.
  6. Checking the fulfillment of previous prescriptions. It is monitored what has been done to eliminate all the shortcomings.
  7. All product certificates.
  8. In retail outlets: the location of all the documentation of the sales area in places accessible to people.
  9. Other documents are possible.

The list of documents that can be requested is absent in the legislation. The list is selected depending on the direction and specifics of the work of an enterprise or organization, on the purpose of the check.

When preparing for the test, you must first take into account the previous comments.

Grounds for an unscheduled inspection

An unscheduled inspection can be organized upon a complaint received by the local department of Rospotrebnadzor. Most often, these claims relate to non-compliance with sanitary and epidemiological standards or threats to the life and health of the population. A complaint can be filed by:

  • citizens;
  • organizations.

Anonymous complaints will not be considered. In the case of a scheduled inspection, one of the conditions for its conduct is the presence of the person who is being monitored. In an unscheduled audit, when it comes to a threat to health or safety, the organization is not notified three days before the start of the audit.

But the plan for the upcoming inspection must be agreed with the prosecutor's office. Otherwise, the check will not be considered valid. Both for scheduled and unscheduled inspections, the deadlines are necessarily respected: the duration is no more than 20 days.

The documentation is required exactly the same, that is: constituent documents, licenses, property contracts, etc.

What threatens in case of finding offenses

The result of the check is the drawing up of an act in duplicate. An employee of Rospotrebnadzor takes one with him, the other remains at the enterprise.

A prescription is also drawn up with the identified deficiencies and proposals for their elimination within a certain period of time. The document lists the results of the check:

  • according to sanitary standards;
  • sale of goods;
  • the quality of the goods and services offered;
  • violations of the law;

If violations are revealed, an enterprise, organization or individual entrepreneur may await administrative penalties in the form of:

  • fine;
  • removal from office for a number of years determined by law;
  • confiscation of goods;
  • suspension of the company's activities.

Fines are assigned depending on the violation. They can be minimal and amount to 500 rubles, or they can be 500 thousand. The disqualification of a leader can last up to 3 years.

The order can be appealed within a certain period. From the date of receipt of a copy of the document, no more than 10 days should pass.

Is it possible to avoid checking

To avoid verification, you need to comply with the law "On Protection of Consumer Rights". Rospotrebnadzor employees have no right to exceed their powers, which is easy to verify. In other cases, you need to worry not about how to avoid checking, but about bringing all the documentation in order.

You can find out how Rospotrebnadzor is checked in practice here:

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