No markings – there will be fines

As Kommersant learned, the government is changing the procedure for monitoring labeling requirements for tobacco and low-alcohol products. To achieve this, the resolution on the moratorium on business inspections is being adjusted. The essence of the changes is to enable Rospotrebnadzor and the regions to monitor compliance with labeling requirements: supervisory authorities will be able to issue orders to eliminate violations based on test purchases and fine businesses for non-compliance. If the norm takes root, it can be extended to the circulation of all labeled goods.

According to Kommersant, the government agreed to the proposal to lift some of the restrictions on control measures regarding businesses in the field of tobacco and low-alcohol beverages. If supervisory authorities discover trade in them without labeling, they will have the right to record violations during the test purchase, issue orders to eliminate them, and fine violators if they fail to comply. Such casuistry was required to circumvent the moratorium on company inspections, introduced in March 2022 until 2030: legally, a control purchase is not an inspection, and the government’s right to regulate the specifics of CND is given to it Federal Law No. 46 dated March 8, 2022. Amendments to the resolution on the moratorium on inspections were prepared by the Ministry of Economy on behalf of the head of the government apparatus, Dmitry Grigorenko, who oversees the reform of control and supervision, but the initiator of strengthening control was, according to Kommersant, the Ministry of Industry and Trade, which oversees labeling, and Rospotrebnadzor, which controls retail trade.

“If visual violations of the requirements for labeling goods are detected – for example, if the product does not contain a mark – the supervisory authority will be able to conduct a test purchase and issue an order. This will also be possible if the retail outlet has not registered in the labeling system in the first place. If the rules for displaying products are violated—for example, a display case with vapes is not closed—the retailer will immediately receive an order, and a second time a fine,” says the White House staff, describing how the rule works in practice.

The document has not yet been published, but Kommersant has read the explanatory note to it.

• In addition to Rospotrebnadzor, regional inspectors responsible for retail trade will receive new powers “when conducting on-site inspections of retail trade facilities to assess compliance with mandatory requirements.”
• Moreover, if, as a result of the examination during the test purchase, violations of the requirements for safety and (or) product quality are discovered, based on such facts, Rospotrebnadzor will be able to conduct unscheduled inspections, the document says (inspections due to the danger to the life and health of citizens from the moratorium withdrawn).

According to Dmitry Grigorenko, “the measure is aimed at creating equal competitive conditions in the market and supporting honest business.” The range of fines for violators of mandatory labeling requirements is 4–500 thousand rubles. At the same time, Mr. Grigorenko’s secretariat promises that there will be no “carpet” measures to find violations – plans for on-site inspections of retail outlets will be drawn up taking into account the risk of violations (the White House, we recall, is seeking the development of risk indicators from all control departments) and coordinated with the Ministry of Economy. If the new procedure produces results, it can be extended to control all types of labeled products, say the government staff.

While labeling requirements cover 16 product groups, it brought the budget (including through excise taxes) 471 billion rubles.

According to the Deputy Head of the Ministry of Industry and Trade Ekaterina Priezzheva, the illegal turnover of shoes decreased by 30%, perfumes – by 25%, tires – by half; authorities want to expand the use of this tool to non-consumer products: radio electronics, titanium, cables and fiber optics (see “Kommersant” dated October 7).

Oleg Sapozhkov