The trade enterprise must have a sign indicating. Legal aspects of placing a sign for a trade organization
Valentina Polyakova, legal consultant at FBK Legal, Ph.D. legal sciences
Sergey Ermolenko, manager at FBK Legal, Ph.D. legal sciences
Situation
The company opens a branded wine store in Moscow. On the facade of the building (built in 1930), the society intends to place a front sign containing a verbal designation in a foreign language and the words “wine boutique”. It is also planned to use a cantilever sign (a structure located perpendicular to the facade), which will display an image of the winery and a verbal designation in a foreign language.
The verbal designation is registered as a trademark in relation to the 32nd (alcoholic drinks, excluding beer), 33rd (soft drinks, table waters, carbonated waters, mineral waters (drinks)) classes of the IKGS, the copyright holder of this trademark is a third party (wine producer).
The main sign will be located directly on the facade plane (above the glazed entrance group). Signs of other tenants of premises in the building are placed on imposts (display structures).
Question
Does the sign (content, type of design, location) comply with the requirements of federal legislation and the legislation of the city of Moscow on advertising and placement of information structures, as well as legislation on the use of the Russian language?
Answer
In accordance with clause 3.5 of the Rules for the placement and maintenance of information structures in the city of Moscow (approved by Decree of the Moscow Government of December 25, 2013 No. 902-PP “On the placement of information structures in the city of Moscow”; hereinafter referred to as the Rules), signboards mean information structures placed on facades, roofs or other external surfaces of buildings, structures, structures, including shop windows, at the actual location or activity of an organization or individual entrepreneur. In this case, the sign must contain the following information.
1. Information about profile of the organization and (or) the type of goods sold, services provided and (or) name (company name, commercial designation, trademark image, service mark) for the purpose of notifying an indefinite number of persons about the actual location (place of activity) of this organization.
2. Information posted in cases provided for by the Law of the Russian Federation of February 7, 1992 No. 2300-I “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights).
In order to identify the store, the company plans to post information about the organization’s activity profile - “wine boutique”, a decorative element - an image of the winery, information about the organization’s operating hours. Thus, the information posted on the society’s sign is traditional for information structures of this kind.
Advertising of alcoholic products.
Russian advertising legislation contains restrictions related to the advertising of alcoholic products. At the same time, by virtue of clause 5 of Art. 2 of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising” (hereinafter referred to as the Advertising Law), this Law does not apply to signs and signs that do not contain advertising information.
Explaining the above provisions, the Federal Antimonopoly Service of the Russian Federation (FAS Russia) determined that the following is not advertising:
A similar position is predominantly taken by the judiciary. In particular, it was recognized not as advertising, but as information:
The opposite position is also present in judicial practice. However, the latter point of view is not predominant.
From the above it follows that a sign on which, when indicating the name of an organization, a trademark is used, including one that does not coincide with the name of the organization and does not belong to the organization, as well as an indication of the type (type) of activity of the organization and the goods sold, is not subject to the Law on Advertising , including alcoholic products.
Thus, the placement by a company of a sign bearing a trademark and the words “wine boutique” is not subject to the restrictions provided for by the Law on Advertising in relation to alcoholic products.
Use of foreign words.
The state language of the Russian Federation according to clause 1, part 1, art. 3 of the Federal Law of June 1, 2005 No. 53-FZ “On the State Language of the Russian Federation” (hereinafter referred to as the Law on the State Language) is subject to mandatory use in the activities of organizations of all forms of ownership. In cases where a foreign language is used in these areas, along with the state language of the Russian Federation, texts in Russian and in a foreign language must be identical in content and technical design, and made legibly (Part 2 of Article 3 of the Law on the State Language). At the same time, the provisions of Part 2 of Art. 3 of the Law on the State Language do not apply to company names, trademarks, service marks (Part 3 of Article 3 of the Law on the State Language).
Thus, in the activities of organizations, including when posting information about themselves and the goods sold on signs, the Russian language must be used. Information in a foreign language can be posted without translation into Russian only if the corresponding verbal designation is registered as a trademark. The judicial authorities adhere to the same position.
The verbal designation in a foreign language, placed by the company on the sign, is registered as a trademark in the State Register of Trademarks and Service Marks of the Russian Federation. Therefore, this designation can be used without translation into Russian.
Grounds for using someone else's trademark.
The copyright holder of the trademark used by the company in the sign is a third party - the wine manufacturer.
Within the meaning of Art. 1484 of the Civil Code of the Russian Federation (unless otherwise provided by law), the use of a trademark is permitted only with the consent of the copyright holder. In accordance with sub. 4 p. 2 tbsp. 1484 of the Civil Code of the Russian Federation, placement of a trademark on a sign means the use of a trademark.
The law directly provides for only one way to grant the right to use a trademark - the conclusion of a license agreement subject to state registration (Articles 1489, 1490 of the Civil Code of the Russian Federation). In judicial practice, there is no uniformity in assessing the legality of granting permission from the copyright holder in a manner other than concluding a license agreement:
1) the use of a trademark is recognized as lawful on the basis of an agreement with the copyright holder, in which his consent to use is directly or indirectly expressed (distribution agreement, agency agreement, etc.), when considering a dispute with the copyright holder;
2) it was recognized as legal to use someone else’s trademark in a sign on the basis of an agreement with the copyright holder (dealer agreement) without concluding a license agreement when considering an administrative dispute about the placement of advertising structures (Article 14.37 of the Code of Administrative Offenses of the Russian Federation) and a case challenging an order to dismantle advertising structures;
3) the use of a trademark on the basis of an agreement that has not undergone state registration in the manner prescribed by law is considered as a violation when considering a dispute regarding prosecution for illegal use of a trademark (Article 14.10 of the Code of Administrative Offenses of the Russian Federation). In some cases, the violation is classified as minor, and the violator is released from liability.
Thus, the legality of using a trademark in the absence of a registered license agreement is assessed by the judicial authorities taking into account the circumstances of the case and depends on the nature of the dispute. In the absence of uniformity in judicial practice and in order to avoid possible risks, in our opinion, when building long-term relationships, it is advisable to grant rights to use a trademark in accordance with a license agreement.
Location of structures.
In accordance with clause 12 of the Rules, on the external surfaces of one building, structure, structure, an organization has the right to install no more than one information structure of each of the following types:
wall structure(the design of signs is located parallel to the surface of the facades of objects and (or) their structural elements directly on the plane of the facade of the object);
cantilever design(the design of signs is located perpendicular to the surface of the facades of objects and (or) their structural elements), including currency exchange boards with technology for changing images using electronic media;
display design(the design of the signs is located in the display case on the outside and (or) on the inside of the glazing of the display case of the objects).
Along with this, an information structure must be placed containing information provided for by the Law on the Protection of Consumer Rights (clause 27 of the Rules).
The society plans to place the following structures of different types.
1. Basic structure.
1.1.Wall construction. According to clause 18.2 of the Rules, if several information structures are located on the same façade of a building, structure, structure, the specified structures must be located in the same plane relative to the vertical plane of the facade on which they are located.
From the description of the situation, it follows that another organization occupying premises in the building installed the main sign on the imposts (display structure). Placing a wall structure by a company will lead to the fact that the organizations' signs will be located at different levels relative to the vertical axis of the facade, therefore, the above legal norms will be violated.
1.2. Showcase design. The legislation does not have a clear distinction between wall and display structures in a situation where a significant part of the building is glazed. We believe that the structure that the society intends to place on imposts should be considered a showcase.
Firstly, in modern Russian a broad understanding of the term “showcase” is used: a showcase is understood as a specially equipped window of a store or any institution for demonstrating the goods offered, for advertising, etc.
Secondly, based on an analysis of the acts of the State Unitary Enterprise of Moscow “Main Architectural and Planning Directorate of Moskomarkhitektura” (hereinafter referred to as Moscomarchitecture), we can conclude that authorized bodies and organizations similarly define the specified structure as a showcase. In accordance with clause 6 of the Rules, the Moscow Committee for Architecture and Urban Development is entrusted with the responsibility for developing architectural and artistic concepts for streets, highways and territories of Moscow, which are subject to mandatory application and published on the official website of the Committee on Architecture and Urban Planning of the City of Moscow. For the building in which the company plans to open a store, the concept has not been developed. At the same time, a number of buildings for which the concept has been approved have a similar design of the entrance group. A similar design in the concept is designated as a display case. At the same time, it is the display structure, but not the wall structure, that is recognized as appropriate for use in the design of facades of this type.
When the company places the structure in the window, the signs of organizations (tenants of premises in the building) will be located on the same horizontal axis. Consequently, with this option of placing a sign, the company will not violate the above provisions of the law.
2. Cantilever design.
If there are wall structures on the facade of the object, cantilever structures are located with them on a single horizontal axis(clause 19.4 of the Rules). Therefore, the company will need to place the cantilever structure so that it is aligned with the display structure.
3. Information structure posted in accordance with the Law on the Protection of Consumer Rights.
When placing this structure, it is necessary to take into account that the Rules impose the following requirements for its location:
the distance from the ground level (floor of the entrance group) to the upper edge of the information structure (sign) should not exceed 2 m (clause 29 of the Rules);
the sign is placed on a single horizontal axis with other similar information structures within the plane of the facade (clause 29 of the Rules).
Requirements for the dimensions of certain types of structures.
Showcase design.
According to clause 20 of the Rules, information structures (signs) placed on the outside of the storefront should not extend beyond the plane of the façade of the facility. The parameters (dimensions) of a sign placed on the outside of a storefront should not exceed 0.40 m in height and the length of the storefront glazing.
Cantilever design.
Legislative requirements for the location and size of cantilever structures placed on facilities built before 1952 are given in Table. 1.
Table 1
|
Options |
Standards, m |
Regulatory rationale |
|
|
Distance from ground level to the bottom edge of the cantilever structure |
Not less than 2.50 |
Clause 19.1 of the Rules |
|
|
Distance from the cantilever structure to the façade plane |
No more than 0.20 |
Clause 19.2 of the Rules |
|
|
The extreme point of the front side from the plane of the facade |
No more than 1 |
Clause 19.2 of the Rules |
|
|
Structure height |
Clause 19.3 of the Rules |
||
|
Structure width |
Clause 19.3 of the Rules |
Information structure posted in accordance with the Consumer Protection Law.
Requirements for structures of this type are given in Table. 2.
Table 2
The actual dimensions of the society's signs comply with legal requirements.
Responsibility for violation of requirements for the placement of signs.
According to paragraph 1 of Art. 8.6.1 of the Code, violation of the requirements established by the Moscow Government for the placement of information structures entails the imposition of an administrative fine: on officials (including managers and other employees of the organization (clause 2 of Article 1.2 of the Code)) - from 30,000 to 50,000 rubles .; for legal entities - from 200,000 to 500,000 rubles.
Thus, based on the results of the analysis, the authors came to the following conclusions.
actions to place a sign of such content are not subject to the restrictions provided for by the legislation on advertising in relation to alcoholic products, since the sign does not contain information of an advertising nature, but only an indication of the name of the organization (which does not coincide with the company name) and the profile of the activity;
a verbal designation in a foreign language can be used without translation into Russian, since it is registered as a trademark in the State Register of Trademarks and Service Marks of the Russian Federation.
In our opinion, it is advisable to grant rights to use a trademark in accordance with a license agreement.
Moscow City Law No. 45 of November 21, 2007 “Moscow City Code on Administrative Offenses.”
LETTER from Roskomtorg dated March 17, 1994 N 1-314/32-9
RUSSIAN FEDERATION COMMITTEE ON TRADE
ABOUT SAMPLE RULES OF WORK
RETAIL ENTERPRISES AND BASIC REQUIREMENTS
TO THE OPERATION OF A SMALL RETAIL NETWORK
The Committee of the Russian Federation on Trade has developed and agreed upon with the State Committee of the Russian Federation on Antimonopoly Policy and Support of New Economic Structures and the Ministry of Justice of Russia Model Rules for the Operation of a Retail Trade Enterprise and Basic Requirements for the Operation of a Small Retail Network.
These Model Rules and Basic Requirements are intended to regulate the organization of trade processes and the activities of enterprises of all forms of ownership. They provide for the responsibility of enterprise managers for the quality of goods and services sold, and also contain requirements aimed at protecting the rights and interests of customers and increasing the level of trade services to the population.
These documents are sent by the Trade Committee as recommendations for the preparation and approval of relevant rules, taking into account local conditions.
Deputy Chairman
Committee of the Russian
Trade Federations
N.A.LUPEI
SAMPLE RULES
OPERATIONS OF A RETAIL TRADE ENTERPRISE
I. General provisions
1. These Rules define the basic requirements for the operating procedure of a retail trade enterprise (hereinafter referred to as an enterprise) regardless of departmental subordination, form of ownership and legal form.
2. Each enterprise must have a license to trade, if such a procedure is established in the given territory.
3. The main objective of the enterprise is retail trade in consumer goods in an assortment corresponding to its product profile (type), as well as other goods, ensuring a high level of customer service with minimal time spent on purchases, providing additional services, respecting the rights and interests of customers.
4. The product profile (type) of a trading enterprise is determined by the charter and is agreed upon (for municipally owned enterprises) with the relevant local administration authorities upon registration.
5. The enterprise must have a sign indicating its name, profile, mode of operation, legal form (affiliation), and legal address.
6. The operating hours of state (municipal) trade enterprises are established by decision of local administration bodies. The operating mode of enterprises based on other forms of ownership is determined by the owner.
7. When the enterprise closes for a lunch break or at the end of the working day, the cash registers stop working in strict accordance with the established operating hours of the enterprise, however, all customers who have cash and sales receipts in their hands must be served.
In self-service establishments, when they close for a lunch break or at the end of work, all customers located in the sales area (department, section) are served.
Customers are notified 15 minutes before service ends.
8. When closing an enterprise for sanitary work, repairs, re-equipment, in connection with its liquidation, the manager notifies the municipal authorities in advance. Buyers are notified of the closure of a trading establishment by a special announcement 5 days before its closure. The advertisement also indicates the address of the nearest enterprise selling similar goods.
9. The trading floor and warehouse premises must meet the technical, sanitary, fire and other requirements established for enterprises of the corresponding type. The enterprise equipment and inventory must be kept in exemplary sanitary and technical condition.
Measuring instruments, in accordance with established requirements and in the prescribed manner, must be subject to mandatory verification by the State Metrological Service. Positive results of verification of measuring instruments are certified by the appropriate stamp or verification certificate.
Showcases must meet sanitary and aesthetic requirements.
II. Reception, storage and preparation of goods for sale
11. Acceptance of goods in terms of quantity and quality at enterprises of all forms of ownership must be carried out in accordance with current regulations and accompanying documents of the supplier (seller), as well as other necessary documents.
12. Goods accepted by the enterprise in the prescribed manner are recorded on the day of receipt based on their actual availability. If it is impossible to post the goods by the date of their actual receipt (calling an expert, checking the price, quality, quantity), in the text part of the product report after the total receipt, a record is made about the receipt of goods indicating the supplier (seller), the total cost of the goods at retail prices, as well as the reasons impossibility of capitalization.
13. Goods with expired shelf life, storage, or sale that do not meet quality requirements and standards are not subject to acceptance by the enterprise.
14. When storing goods in warehouses, placing and displaying them in trading floors, small retail chains, enterprise employees are required to strictly comply with the principles of commodity proximity, sanitary rules, warehousing standards and fire safety requirements.
The storage conditions for goods (temperature, humidity, lighting, shelf life) must meet the standards and quality requirements contained in regulatory and technical documents.
15. The goods must be properly prepared for sale (freed from containers, clothes are clean and ironed, pieces of fabric are framed, bicycles, motorcycles, mopeds, other metal products are assembled and cleaned of grease, bottles and cans are wiped, the corresponding goods must be peeled, cut, pre-packaged, etc.).
III. Selling goods
16. By the time of opening, the enterprise must be prepared for work: goods are provided with clearly written price labels, their display is updated, appropriate inventory and packaging materials, and cash registers are prepared.
17. The sale of goods in a trading enterprise is carried out to all citizens on a general basis.
Benefits in trade services to certain groups of the population are provided on the basis of legislative acts of the Russian Federation, as well as on the basis of decisions of local executive authorities.
18. For all goods sold, a trading enterprise must have certificates issued or recognized by an authorized body, normative and technical documentation certifying the quality of goods, their safety for human life and health, and ensure that the goods sold comply with the requirements of these documents, as well as their sources receipts.
In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” and the Fundamentals of Civil Legislation, a trading enterprise is responsible for the quality of the goods sold.
It is prohibited to sell expired goods, store or sell them that do not meet quality requirements and standards.
19. Weighing and measuring of goods is carried out in accordance with the Rules for the use of measures and measuring instruments in trade and public catering establishments.
20. Gastronomic, bulk, meter and piece goods that do not have factory packaging are sold in paper, bags or other packaging appropriate to the properties of the product. The cost of cellophane and polyethylene packaging is paid additionally by the buyer. At the request of customers, sellers must cut the gastronomic goods sold.
Bulk liquid and semi-liquid goods are dispensed into customers' containers by weight or using a standard measuring container.
21. In the sales areas of food stores, control scales, control measuring cups, beakers, and an ovoscope must be installed in a place accessible to customers; in enterprises selling fabrics and other measured goods, control meters must be installed.
22. By decision of local administration bodies, trading enterprises may introduce maximum norms for the supply of goods to one buyer.
23. The sale of goods subject to excise duty, the list of which is approved by the government, is carried out only with a license for the right to trade in such goods, issued by licensing services in the prescribed manner. Products subject to licensing by decision of the relevant authorities must also have licenses.
24. The sale of food and non-food products for which special trade rules are established (alcoholic drinks, guns, self-defense equipment and ammunition for them, commission, parcel trade) is also carried out in compliance with these rules.
25. The sale of everyday goods to children is carried out only if they are able to independently make a purchase and pay for the purchased goods. The sale of alcoholic beverages, beer, tobacco products, playing cards, lighters, toxic chemicals and flammable liquids to minors is prohibited.
26. When selling goods in sets assembled in a trading enterprise, the buyer has the right to demand, and the seller does not have the right to refuse to sell, individual goods from the set (except for factory-made sets).
27. The enterprise is obliged to issue to the buyer, along with the purchase, a receipt for the purchase printed by a cash register, confirming the fulfillment of obligations under the purchase and sale agreement between the buyer and this enterprise.
When selling technically complex goods and other non-food products, which in case of failure during the warranty period can be returned to the store, the buyer is issued a sales receipt indicating the name (number) of the store, the name and grade (article) of the product, price, date of sale and name of the seller. The sales receipt is issued in two copies, one of which is given to the buyer. The technical passport for the product also contains the date and year of sale, the store stamp, and the name of the seller.
Exchange of non-food goods of good quality purchased in a retail chain or refund of money to customers is carried out in accordance with Art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”. In case of purchasing goods with defects, their exchange is carried out in accordance with Art. Art. 17 - 21 of this Law.
Food products purchased in a retail distribution network are exchanged if hidden defects are detected (acidity, fat content, bacteriological contamination, the presence of foreign impurities, heavy metal salts, voids in the cut, etc.), or non-compliance with the name or grade under which they were sold.
28. Unpaid goods may be kept under control for no more than one hour. In some cases, this period may be extended by the enterprise administration to two hours.
29. Buyers should be given the opportunity to store paid for large and heavy goods for a period of no more than a day, and building materials, by agreement with the administration, for up to three days. These "sold" items are stored with a safe receipt separately from unsold items without charge for storage.
IV. Features of the sale of goods in self-service enterprises (departments, sections)
30. Goods received in bulk are pre-packaged depending on the properties of the goods and packaged in plastic or cellophane film, parchment and wrapping paper, bags, mesh containers, boxes, etc.
The packaging indicates the name and type of product, net weight, price (with packaging), date of packaging. For goods packaged on electronic scales, the price of the product and packaging are indicated separately.
31. If necessary, some goods can be sold in the self-service area through the counter. In this case, the seller indicates on the packaging the purchase price for subsequent payment in a single payment center.
32. In the sales area, goods are placed on slides, hangers, brackets, consoles, pallets, in containers - equipment, baskets, refrigeration equipment, cassettes and other equipment that ensures display of the entire available range of goods and convenience for customers to familiarize themselves with and select them.
33. Enterprises must be provided with the necessary equipment for buyers to select goods.
34. Employees of a self-service enterprise should not require customers to present goods purchased at other enterprises when entering the trading floor of the enterprise, and when leaving they should not check the correctness of payment for the purchase and inspect personal belongings.
V. Settlements with customers
35. Cash settlements with the population for goods are carried out with the mandatory use of cash registers, except for the cases provided for in the “List of certain categories of enterprises (including individuals carrying out entrepreneurial activities without forming a legal entity, if they carry out trade operations or provide services), organizations and institutions that, due to the specifics of their activities or the characteristics of their location, can carry out cash settlements with the population without the use of cash registers,” approved by Resolution of the Council of Ministers - Government of the Russian Federation of July 30, 1993 N 745.
Cash register machines must be registered with the tax authorities at the location of trade enterprises in the prescribed manner.
36. Cashiers of cash registers receive money for goods; in self-service establishments - controllers - cashiers.
37. Settlements with buyers are made in the following order:
cashier, controller - the cashier clearly states the amount of money received and places it separately in full view of the buyer;
prints a receipt on a cash register;
announces to the buyer the total cost of purchases;
names the amount of change due to the buyer and issues it along with the check;
After the final payment, he places the money received from the buyer in the cash drawer.
38. It is prohibited to offer the buyer any goods instead of handing over money or to require him to change the money himself.
39. Payment for all goods purchased at self-service food establishments is made only in a single payment center.
In non-food self-service establishments, payments are made in a single payment center or cash registers installed at customer exit points.
40. When a buyer receives a claim regarding payments, the cashier, controller - cashier is obliged to inform the administration of the enterprise about this.
Refunds from the cash register to customers are made in accordance with the established procedure with the permission of the administration.
VI. Rights and obligations of the buyer
41. The buyer has the right:
for assistance in choosing a product, advice on its properties, purpose, methods of care, operating procedures and demonstration of individual products in action;
check the price of the goods (according to accompanying documents), the correctness of the weight and measures of the goods sold, their quality independently or at his request with the help of a store employee, as well as the correctness of the readings of weighing instruments;
demand compliance with the provisions of the Rules and other regulations governing work in the part affecting the interests of buyers;
demand the organization of a process for selling goods aimed at eliminating queues;
leave selected or paid goods for storage;
in enterprises selling goods in glass containers, require the acceptance of glass containers from purchased goods, for which deposit prices have been established, and the return of this amount;
make comments and suggestions on the quality and procedure of customer service in the Book of Reviews and Suggestions.
42. In accordance with civil legislation and regulations, when selecting and purchasing goods, the buyer is obliged to: comply with sanitary, fire and other requirements. Do not enter the store wearing dirty clothes, carrying animals or bulky objects, and do not smoke in the sales area;
select food products without packaging only using appropriate equipment;
when entering a self-service sales area with items, notify employees of the sales area about similar goods purchased in another store;
collect goods only into inventory containers and keep the cash receipt until leaving the self-service sales area;
compensate the company for damages for goods damaged due to its fault.
VII. Buyers Information
indicators of the location of departments (sections) or goods sold;
the surname and initials of the sales floor employees - on their workplaces or badges;
list and cost of services provided to customers;
extract from the rules of retail trade of certain goods;
procedure for the exchange of goods. In enterprises selling meat - a scheme for cutting meat by grade;
telephone numbers of organizations monitoring the operation of the enterprise.
44. The enterprise must have all regulatory documents regulating the rules of trade and the quality of goods, in accordance with specialization.
VIII. Sanitary requirements for the maintenance of the enterprise and its employees
45. The sanitary condition of the enterprise must comply with the requirements established by the State Sanitary and Epidemiological Supervision authorities, and in food enterprises also with special sanitary rules for such enterprises.
46. Employees in food enterprises undergo a medical examination in accordance with the established procedure.
IX. Control over the operation of the enterprise
47. Control over the work of enterprises is carried out by bodies and services that have the right to do so in accordance with the law within their competence, as well as by public consumer organizations when checking the rules of trade services and compliance with consumer rights on the basis of Art. 43 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
48. Employees of regulatory authorities conduct inspections of enterprises upon presentation of an official ID or properly executed (signed by the responsible person and the seal of the organization) certificates indicating the term of authority for the right to inspect the enterprise.
49. Admission of persons carrying out inspections to the counter, cash register, and utility rooms is permitted only when accompanied by the administration. Inspection of sellers' workplaces and food storage premises is carried out only in sanitary clothing.
50. Enterprises maintain an audit trail in which inspectors make notes on the results of the inspection. The administration is obliged to provide assistance to inspectors and take measures to eliminate shortcomings and violations.
51. For failure to comply with and violation of these Rules, employees of the enterprise are liable in accordance with the current legislation of the Russian Federation, in addition, regulatory authorities may raise the issue of the liability of the enterprise, up to the deprivation of its license or liquidation.
52. The head of the enterprise bears personal responsibility for the sanitary condition and compliance with the rules of operation of the enterprise as a whole.
BASIC REQUIREMENTS
TO THE OPERATION OF A SMALL RETAIL NETWORK
I. General provisions
1. Small retail distribution networks include:
stationary small retail chain (tents, kiosks, pavilions, vending machines); mobile means of distribution and distribution trade (trolleys, mobile shops, vans, trays, baskets, etc.).
2. Each small retail trade enterprise is opened with the permission of the executive authority and in the place allocated to them. An enterprise acquires a license for the right to trade activities if such a procedure is established in the given territory.
Individuals selling goods through a small retail chain must be registered as citizen entrepreneurs and have a license to trade.
3. Through a small retail network, food and non-food products are sold (except for goods of a technically complex range and goods that require certain conditions - fitting, etc.), mass food products (bakery, confectionery and culinary products, semi-finished products, sandwiches, etc.) .
4. It is prohibited to sell perishable products through small retail chains in the absence of refrigeration facilities.
5. The trading hours of municipally owned small retail chains are established by local executive authorities depending on the location and product specialization of enterprises, taking into account the need to serve the population in the morning and evening hours when stores are closed.
The trading hours of small retail chains of other forms of ownership are determined by the owner.
6. Enterprises of a stationary small retail chain (tents, kiosks) must have a sign (or stencil) indicating its name (if any), profile, operating hours, legal form (affiliation), and legal address.
Auto benches, trailers, tanks, carts, trays must have a clear inscription indicating their ownership.
II. Requirements for premises and equipment
7. Each small retail enterprise must have appropriate inventory and equipment, and those selling perishable goods must have refrigeration facilities. The measuring instruments used must be in good working order and verified in the prescribed manner by the State Metrological Service.
8. In tents and kiosks selling food products, counters must be covered with linoleum, oilcloth, plastic or other waterproof materials.
9. Trays must be provided with folding stands. It is prohibited to place trays directly on the pavement, ground or sidewalk.
III. Procedure for selling goods
10. All goods sold in a small retail chain must have documents indicating their source of receipt, as well as certificates (or documents replacing them) of quality.
11. Samples of all food and non-food products on sale must be provided with price labels indicating the name of the product, type and price.
12. Small retail trade in food products using disposable tableware is prohibited in the absence of containers for its collection.
14. Bargaining of melons, vegetables, and potatoes is permitted.
15. The sale of goods subject to excise taxes can only be carried out if there is a license issued in accordance with the established procedure for the right to trade them.
If you decide to open your own business in the field of hairdressing and cosmetic services, on this page you will find all the technical requirements for premises, equipment and personnel for organizing a new business
1. Scope and general provisions
1.1. These Sanitary and Epidemiological Rules (hereinafter referred to as the sanitary rules) were developed to prevent the occurrence and spread of infectious and non-infectious diseases (poisonings) among the population of the Russian Federation and determine the sanitary and epidemiological requirements for the placement, structure, layout, sanitary and technical condition, and maintenance of trade organizations food raw materials and food products (hereinafter referred to as trade organizations), conditions of transportation, acceptance, storage, processing, sale of food raw materials and food products, as well as working conditions.
1.2. Sanitary rules apply to trade organizations under construction, reconstruction and existing ones, markets, bases, warehouses for food raw materials and food products, regardless of organizational and legal forms and forms of ownership (except for refrigerators and markets selling non-industrial agricultural products), as well as individual entrepreneurs. Information about changes: Sanitary and epidemiological rules SP 2.3.6.2203-07, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 3, 2007 N 26, paragraph 1.3 of these Sanitary and Epidemiological Rules is stated in a new edition, coming into force on July 1, 2007 .Cm. text of the paragraph in the previous edition
1.3. The range of food raw materials and food products sold in a trade organization must correspond to the type and type of trade organization. The layout and technical capabilities of the trade organization must comply with state sanitary and epidemiological rules and regulations to ensure the required conditions for the reception, storage, processing and sale of food raw materials and food products, and compliance with personal hygiene rules by employees.
1.4. In trade organizations, regardless of their form of ownership, production control is organized.
2. Requirements for the location of trade organizations
2.1 of these Sanitary and Epidemiological Rules has been amended, coming into force on July 1, 2007. See. text of the paragraph in the previous edition
2.1. When designing and constructing new or reconstructing existing trade organizations, it is necessary to be guided by the current sanitary rules, building codes, and technological design standards. The provision of land plots for the construction of trade organizations is allowed if there is a sanitary and epidemiological conclusion on their compliance with these sanitary rules.
2.2. Trade organizations can be located both in a separate building and in attached, built-in, built-in and attached premises to residential buildings and buildings for other purposes, as well as located on the territory of industrial and other facilities to serve the employees of these organizations. The placement of trade organizations in residential buildings and buildings for other purposes is carried out in accordance with SNiPs “Public buildings and structures”, “Residential buildings”. The activities of trade organizations should not worsen the living conditions, recreation, treatment, and work of people in residential buildings and buildings for other purposes. When locating trade organizations in the area of industrial enterprises and other facilities, they should not have a harmful effect on the organization of trade. By the decision of the Supreme Court of the Russian Federation of November 5, 2015 N AKPI15-1059, paragraph 2.3 of these Sanitary and Epidemiological Rules was recognized as not contradicting the current legislation in terms of words "as well as stores with an area of more than 1000"
2.3. In premises built-in, built-in and attached to residential buildings and buildings for other purposes, it is not allowed to place specialized fish and vegetable stores, as well as stores with an area of more than 1000 m2.
2.4. Loading of products should be provided from the ends of residential buildings that do not have windows, from underground tunnels if there are special loading rooms.
2.5. When placing public catering organizations, workshops for the production of semi-finished products and culinary products and other food products, as well as other organizations not related to the sale of food products in trade organizations, the requirements of the current sanitary and epidemiological rules and hygienic standards for these organizations must be observed.
2.6. The market territory is delimited into functional zones: retail, administrative and warehouse, utility, parking for vehicles.
2.7. In the utility area there are sheds for storing containers and areas for collecting garbage and food waste. To collect garbage and food waste, separate containers with lids (or specially closed structures) are installed on hard-surfaced areas, the dimensions of which exceed the base area of the containers by 1 m in all directions. Garbage and food waste collection areas are located at a distance of at least 25 m from the retail establishment. It is allowed to reduce the specified distance, based on local conditions for the location of trade organizations. Containers and waste bins are cleaned when filled to no more than 2/3 of their volume, but at least once a day. In the warm season, they are disinfected using means authorized by the bodies and institutions of the State Sanitary and Epidemiological Service in the prescribed manner. Containers and garbage bins are removed by special transport, which is not used for transporting food raw materials and food products. For centralized waste collection, waste bins must be delivered clean and disinfected.
2.8. The territory of the trade organization and the perimeter adjacent to it is landscaped and kept clean. When locating the trade organization in a separate building, it is recommended to provide a temporary parking area for vehicles of personnel and visitors on the side of the roadway, which is not located in the courtyards of residential buildings. On the territory of the organization a device for storm drainage with an appropriate slope should be provided, as well as watering taps for cleaning the area.
2.9. The distance from markets and trade organizations with a total area of more than 1000 m2 to residential buildings must be at least 50 meters.
2.10. It is not allowed to locate stationary organizations of small retail trade in bottled drinks in non-sewered places and without water supply.
2.11. Non-stationary retail chains are located in places equipped with toilets.
3. Requirements for water supply and sewerage
3.1. Stationary trade organizations are provided with water supply and sewerage. In small retail organizations, the conditions of water supply and sewerage must comply with the requirements of these sanitary rules.
3.2. The quality of water in trade organizations must meet the hygienic requirements for the quality of water in centralized drinking water supply systems and non-centralized water supply.
3.3. The internal sewerage system for industrial and household wastewater must be separate with independent outlets into the on-site sewerage network. The level of production wastewater discharge is equipped above the level of wastewater discharge. Premises with drains, washing baths, sinks, toilets are not located below the level on-site sewerage adjacent to the trade organization. Horizontal sewerage branches from all industrial premises, regardless of the number of sanitary installations, must have devices for cleaning pipes. At the end sections of horizontal sewer branches, “breathing” risers are installed to eliminate the suction effect during volley discharges of wastewater from equipment.
3.4. Washing baths are connected to the sewer network with an air gap of at least 20 mm from the top of the receiving funnel. All internal sewerage receivers have hydraulic valves (siphons).
3.5. Discharge of untreated wastewater into open water bodies and adjacent areas, as well as the installation of absorption wells, is not permitted.
3.6. Laying internal sewer networks is not allowed under the ceiling of premises intended for receiving, preparing products for sale, or warehouses. Sewer risers are allowed to be laid in production and warehouse premises in plastered boxes without revisions. Domestic sewer risers from the upper floors of residential buildings and buildings for other purposes are not allowed It is allowed to lay in premises for receiving, storing, preparing and selling products.
3.7. In trade organizations located in residential buildings and buildings for other purposes, the domestic and industrial sewerage networks are not combined with the sewerage system of these buildings.
3.8. The loading room, storage room for food waste, vestibules of staff toilets should be equipped with taps with a mixer at a level of 0.5 m from the floor for drawing water intended for washing floors, as well as ladders with a floor slope towards them.
3.9. All stationary trade organizations are equipped with toilets and sinks for washing staff’s hands. Trade organizations with a sales area of more than 1000 m2 are equipped with toilets for visitors. Toilets for staff and visitors should be separate. In all trade organizations under construction and reconstruction, toilets and sinks for washing the hands of staff should be equipped with devices that prevent additional contamination of hands (elbow, pedal drives, etc.).
4. Requirements for ventilation, air conditioning, heating, lighting of premises and working conditions for workers
4.1. The microclimate indicators of production premises and premises for visitors must comply with the hygienic requirements for the microclimate of production premises.
4.2. Retail, warehouse, auxiliary and sanitary premises are equipped with supply and exhaust mechanical ventilation in accordance with the requirements of current norms and regulations. The openings of the ventilation systems are closed with fine-mesh metal mesh. Sanitary premises (toilets, shower rooms, feminine hygiene rooms) are equipped with autonomous exhaust systems ventilation with a natural impulse that exceeds the air exchange rate of the main premises of the trade organization. Refrigerated chambers for storing vegetables, fruits, berries and herbs must be equipped with mechanical supply ventilation that is not connected with other ventilation systems of trade organizations. In mechanical supply ventilation systems, it is recommended to provide for the cleaning of the supplied external air and its heating during the cold season. Air intake for supply ventilation is carried out in the zone of least pollution at a height of at least 2 m from the ground surface.
4.3. Equipment and washing baths that are sources of increased emissions of moisture, heat, and dust are equipped with local exhaust systems with predominant exhaust in the zone of maximum contamination.
4.4. The ventilation system of trade organizations located in residential buildings and buildings for other purposes is equipped separately from the ventilation system of these buildings. For warehouses of food and non-food products in trade organizations, ventilation systems are equipped with separate ones. Exhaust ventilation shafts protrude above the roof ridge or the surface of a flat roof to a height of at least 1 m.
4.5. The supply air supply is supplied to the cleanest rooms.
4.6. Trade organizations must be provided with heating.
4.7. Natural and artificial lighting in all retail, warehouse, auxiliary and administrative premises must meet the requirements for natural and artificial lighting.
4.8. Lamps in premises for storing and selling food products must have protective shades to protect them from damage and glass getting on the product. Window glass must be accessible for cleaning, sanitization, inspection and repair. To protect against insolation, light openings are equipped with protective devices (blinds, cornices, etc.).
4.9. Permissible levels of noise and vibration in indoor workplaces must comply with the hygienic requirements for noise levels in workplaces, in residential and public buildings and in residential areas and industrial vibration, vibration in residential and public buildings.
4.10. Sanitary provision for workers is carried out in accordance with current sanitary rules, construction standards for administrative and household buildings, and also corresponds to the type and type of retail trade organization.
5. Requirements for the planning, placement and arrangement of premises of trade organizations
5.1. In trade organizations located in residential buildings or buildings for other purposes, it is not allowed to install engine rooms, refrigeration chambers, and lifts directly under (next to) residential premises.
5.2. In trade organizations, all premises should be located taking into account flow, the absence of counter flows and intersections of raw and finished food products, food and non-food products, personnel and visitors.
5.3. Trade organizations, if they have specialized departments, must have isolated and specially equipped premises for preparing food products for sale: cutting room for meat, premises for preparing gastronomic and dairy products, fish, vegetables, etc.
5.4. Premises for storing and preparing food products for sale should be close to loading and distribution points and should not be walk-through. Trade organizations must provide separate packaging for different groups of food products. Packing rooms for perishable food products are equipped with refrigeration equipment for storing products. Packing rooms are equipped with two-cavity washing baths with hot and cold water supply through mixers and sinks for washing hands.
5.5. Trade organizations working with containers equip premises for storing containers and their sanitary processing.
5.6. Trade organizations allow the sale of non-food products in industrial packaging. Warehouses for food and non-food products must be separate. In the trading floors, separate trading areas (departments, places) are allocated for the sale of food and non-food products. Sales of non-food products should not be carried out in close proximity to departments selling food products. Packaging of non-food products in food trade organizations is prohibited. In trade organizations located in rural areas, the conditions for the joint sale of food and non-food products are determined in agreement with the territorial center of state sanitary and epidemiological supervision.
5.7. Reception and storage of glass containers is carried out in separate trade organizations, in isolated premises with a separate entrance.
5.8. Premises for storing and preparing food products for sale, refrigerated chambers should not be located under showers, toilets, washing rooms and other premises with sewer drains.
5.9. For finishing, cladding and painting the premises of trade organizations, materials are used that are resistant to moisture, temperature, detergents and disinfectants, approved for these purposes by the authorities and institutions of the state sanitary and epidemiological service in the prescribed manner. Asphalt floors are allowed only on areas for unloading food products from cars.
5.10. Floors in trade organizations must have a flat surface, without potholes, and also slope towards the ladders.
6. Requirements for equipment, inventory and utensils
6.1. Trade organizations must be equipped with commercial equipment, inventory, utensils, containers, packaging materials made from materials permitted by the authorities and institutions of the state sanitary and epidemiological service in the prescribed manner.
6.2. All refrigeration units in trade organizations are equipped with thermometers to monitor the temperature conditions of food storage. The use of mercury thermometers to monitor the operation of refrigeration equipment is not permitted. It is recommended to equip refrigerated chambers with a thermal relay and/or automatic control and recording systems for temperature and humidity conditions.
6.3. The block for cutting meat is installed on a cross or a special stand, fastened with metal hoops, and cleaned with a knife and sprinkled with salt every day after finishing work. Periodically, as necessary, the log is cut down and planed.6.4. Control over the temperature and humidity conditions of food storage in refrigerated chambers, warehouses, storage facilities for vegetables, fruits, etc. is carried out daily using thermometers and psychrometers installed in a visible place, away from doors and evaporators.
7. Requirements for receiving and storing food products
7.1. Trade organizations accept for storage food products and food raw materials that meet the requirements of regulatory and technical documentation and have documents confirming their origin, quality and safety for human health.
7.2. The quantity of perishable, frozen and especially perishable food products accepted must correspond to the volume of operating refrigeration equipment. Storage and sale of perishable products, with the exception of products requiring more stringent storage conditions, is carried out at a temperature not exceeding +6°C.
7.3. Food products are accepted in clean, dry containers and packaging without any foreign odor or damage to the integrity of the container. Repacking food products from supplier containers into smaller containers is not permitted.
7.4. Labels (tags) on the supplier’s containers must be retained until the expiration (storage) dates of food products expire.
7.5. Storage of food products must be carried out in accordance with current regulatory and technical documentation at the appropriate parameters of temperature, humidity and light conditions for each type of product.
7.6. When storing food products, the rules of commodity proximity and storage standards must be observed. Products that have a specific odor (herring, spices, etc.) should be stored separately from products that perceive odors.
7.7. It is not permitted to store raw and semi-finished products together with finished food products, to store spoiled or suspect food products together with good quality ones, as well as to store containers, trolleys, household materials and non-food goods in food storage facilities.
7.8. All food products in warehouses, refrigerated chambers, utility rooms, etc. must be stored on racks, pallets or shelves made of materials that can be easily washed and disinfected, and at least 15 cm high from the floor. Storing food products near water supplies and sewer pipes, heating appliances, outside warehouses, as well as storage of unpackaged products directly on the floor, in bulk, is not carried out.
7.9. Chilled meat (carcasses and half-carcasses) is stored suspended on hooks so that the carcasses do not come into contact with each other, with the walls and floor of the room. Frozen meat can be stored on racks or on shelves. Semi-finished meat products, offal, frozen and chilled poultry must be stored in containers supplier. When stacking, wooden slats must be laid between the boxes for better air circulation.
7.10. Chilled fish is stored in the supplier’s container; the storage temperature should not exceed +2°C. Frozen fish is stored in boxes stacked with slats laid between the rows of boxes. In trade organizations, live fish is stored in an aquarium with clean water and aeration in the warm season - no more than 24 hours, in the cold season - no more than 48 hours at a water temperature not above + 10°C. GARANT: See Instructions for storing fish products in warehouses (bases) and in stores of retail trade organizations, approved by the USSR Ministry of Health and the order of the USSR Ministry of Trade dated March 21, 30, 1984 NN 2977-84, 76
7.11. Bread and bakery products are stored in clean, dry, well-ventilated areas. Storage of bread and bakery products in bulk, close to the walls of the premises, without storage shelves, as well as on racks located at a distance of less than 35 cm from the floor, is not carried out. In cases where signs of potato disease in bread and bakery products are detected during storage or sale, it is necessary to immediately remove such products from the sales floor and warehouse premises. Wash the storage shelves with warm water and detergents and wipe with a 3% acetic acid solution. In order to prevent the occurrence of potato bread disease, it is necessary to wash the bread storage shelves with warm water and detergents at least once a week and wipe with a 1% solution acetic acid and then dry.
7.12. When accepting confectionery products with cream, they are not transferred from the supplier's trays, nor are they sold in unpackaged form using the self-service method. Trade organizations are not allowed to accept cakes that are not individually packaged in consumer containers, as well as cakes that are not packed in tightly packed trays. with adjacent lids.Transportation or handling of cakes and pastries on open sheets or trays is not permitted.
7.13. Storage of bulk products is carried out in dry, clean, well-ventilated rooms, not infested with barn pests, with a relative humidity of no more than 75%. These products are stored in bags in stacks on racks, at a distance of 50 cm from the walls, with a gap between stacks of at least 75 cm.
7.14. In order to prevent yersiniosis and pseudotuberculosis, vegetables during storage are periodically checked and sorted and cleaned.
7.15. For trade organizations built-in, built-in and attached to residential buildings and buildings for other purposes, delivery of products at night (from 23.00 to 7.00 hours) is not carried out.
8. Requirements for the sale of food products
8.1. Food products sold in trade organizations must comply with the requirements established by regulatory and technical documentation, as well as hygienic requirements for nutritional value and safety of food products and food raw materials.
8.2. The sales floor or department selling new types of products must contain information about the consumer properties of food products, their constituent components, food additives, as well as recommendations for preparation and use.
8.3. The preparation of food products for sale by cleaners or auxiliary workers is not carried out
8.4. Raw and ready-to-eat foods are prepared, weighed and packaged separately. The sale of raw products (meat, poultry, fish, seafood, eggs, vegetables, etc.) and semi-finished products from them should be carried out in special departments, separately from the sale of ready-to-eat products.
8.5. When distributing bulk food products to buyers, the seller uses equipment (tongs, spatulas, scoops, spoons, etc.). For each type of product, separate cutting boards and knives are allocated with clear markings, which are stored in the appropriate rooms and departments in specially designated areas.
8.6. Weighing unpackaged food products directly on scales, without wrapping paper or other packaging materials, is not permitted.
8.7. When organizing home service, food products must be delivered to the customer under conditions that ensure their safety, quality, safety and prevent contamination and spoilage.
8.8. It is prohibited to release food products to customers that have accidentally fallen on the floor or are otherwise contaminated (sanitary defects). Further use of sanitary waste and its disposal are confirmed by relevant documents and carried out in accordance with current legislation.
8.9. Bread slicing is not carried out by auxiliary workers and customers.
8.10. In trade organizations when selling cakes, cutting and selling them in parts is prohibited.
8.11. The release of unpackaged food raw materials and food products is carried out in packaging materials (paper, bags, etc.) or in clean consumer containers.
8.12. Perishable food products, the weight (volume) and consumer packaging of which do not allow for their sale at once (meat products in vapor-gas-permeable shells, vacuum packaging, weighing more than 1 kg, salads and ready-made chilled multi-component dishes in containers from 1 to 3 kg), are allowed to be sold randomly in departments. Products from opened consumer packages are sold within one business day, but no more than 12 hours from the moment the package is opened, subject to storage conditions (temperature, humidity).
8.13. In departments selling flask milk there should be stencils warning about the need to boil the milk.
8.14. When dispensing liquid food products (milk, sour cream, vegetable oil, etc.), it is not allowed to pour the products back from the buyer’s container into a common container.
8.15. Trading equipment (spoons, spatulas, etc.) is not left in containers with milk, cottage cheese or sour cream; they must be kept in special containers and washed daily. All equipment must be used strictly for its intended purpose.
8.16. In places where eggs are sold, at the request of buyers, their quality is checked by the seller using an ovoscope.
8.17. The sale of eggs in departments (sections) of trade organizations selling unpackaged ready-to-eat products is not allowed. GARANT: On strengthening state sanitary and epidemiological supervision over the sale of eggs, see the order of the Center for State Sanitary and Epidemiological Supervision of Moscow dated August 5, 2002 N 1-47
8.18. Fruit and vegetable products are sold in specialized fruit and vegetable stores, departments and sections specifically designed for these purposes.
8.19. The sale of processed fruits and vegetables (fermented, salted, pickled, etc.) not packaged in sealed containers must be carried out separately from the sale of raw vegetables and fruits using special equipment (spoons, forks, tongs).
8.20. In specialized trade organizations it is recommended to wash root vegetables and pack them (after drying) into nets and bags.
8.21. In trade organizations it is prohibited to pack products under vacuum.
8.22. Vending machines for selling bottled drinks are provided with disposable cups.
8.23. In trade organizations, live fish are sold from aquariums or a thermally insulated tank truck equipped with a device for water aeration. Places of trade must have space for a spillway in accordance with the conclusion of the bodies and institutions of the state sanitary and epidemiological service.
8.24. It is prohibited to sell products in trade organizations: - without a quality certificate (for Russian-made products), accompanying documents confirming their origin, quality and safety; - in violation of the integrity of the packaging and in contaminated containers, without labels (or insert sheets); - in the absence of the necessary conditions to comply with temperature and humidity storage conditions; - meat without a veterinary mark, conditionally suitable meat and meat products; - ungutted poultry, with the exception of game, eggs from farms unaffected by salmonellosis, as well as with contaminated shells, with defects (krasyuk , fog, blood ring, large spot, mirage), with notches, "tek", "fight", duck and goose eggs; - cottage cheese made from unpasteurized milk, milk and cream with high acidity (samokvass); - canned food with defects: bombing, crackers, smudges, holes and through cracks, deformed, with signs of microbiological spoilage (moulding, fermentation, sliming), etc.; - rotten, spoiled, with damage to the integrity of the peel of vegetables and fruits; - defrosted and re-frozen food products and food raw materials; - home-made; - with expired expiration dates; - unpackaged and unpacked, except for groups of products defined by the legislation of the Russian Federation; - without information on the label (insert sheet) applied in accordance with the requirements of the legislation of the Russian Federation, and also regulatory and technical documentation; - into the buyer’s dirty containers and printed waste paper.
8.25. Food raw materials and food products that are recognized as not meeting the requirements of regulatory and technical documentation and that pose a danger to public health are removed from sale. The decision on the possibility of their further use or destruction is made in accordance with the Regulations on the examination of low-quality and dangerous food raw materials and food products, their use or destruction, approved by Decree of the Government of the Russian Federation of September 29, 1997 N 1263 (Collection of Legislation of the Russian Federation, 1997 , N 40, art. 4610).
9. Hygienic requirements for small retail chains
9.2. Selling perishable food products in small retail chain organizations in the absence of refrigeration equipment is not permitted.
9.3. Storage of containers in the adjacent territory is not allowed. After completion of work in small retail chain organizations, returnable containers are transported daily to the base enterprise of the food product manufacturer (supplier).
9.4. All stationary organizations of small retail chains are equipped with toilets and sinks for hand washing.
9.5. During the cold period of the year, the temperature at the seller’s workplace in stationary organizations of small retail chains should not be lower than 18°C, in the summer - no higher than 26°C. Microclimate indicators in stationary organizations of small retail chains must meet the requirements for the microclimate of industrial premises.
9.6. In tents, auto shops, and trailers, the sale of a combined assortment of goods is allowed if there are appropriate conditions for their storage and sale. If the organization has one workplace, the sale of food products is allowed only in industrial packaging. Bread, baked confectionery and bakery products are sold in packaged form.
9.7. During the period of mass supply of potatoes and fresh fruits and vegetables, it is allowed to sell vegetables and fruits from trays, carts, etc., as well as at open vegetable markets. Sales of potatoes, fresh fruits and vegetables, incl. melons in bulk, not carried out from the ground. Selling melons in parts and with cuts is not allowed.
9.8. Hot finished products (pies, belyashi, pasties, cutlets, etc.) must be dispensed from isothermal or heated containers and carts.
9.9. At the end of the working day, mobile vehicles of the small retail chain are sanitized at the base organization.
9.10. Storage of mobile and portable commercial equipment and sold food products at sellers' homes is not carried out.
9.11. Eggs are sold in small retail chains at air temperatures no higher than 20°C and no lower than 0°C.
9.12. The seller (owner) of a small retail chain ensures: a) keeping the tent, kiosk, van, cart, tray, as well as the surrounding area clean; b) receiving and selling food products with documents confirming their origin, quality and safety; c) control over compliance with expiration dates and rules for dispensing food products (when dispensing, use tongs, scoops, spatulas, etc.).
9.13. The seller (owner) strictly observes the rules of personal hygiene, must be neatly dressed, wear clean sanitary clothing (including a special headdress), the organization's badge, its name, address (location), full name. seller.
9.14. The seller (owner) must have with him and present to officials of the state sanitary and epidemiological service a personal medical book of the established form, documents confirming the origin, quality and safety of the products sold.
10. Requirements for the maintenance of premises and equipment
10.1. All premises of trade organizations, equipment, inventory, utensils must be kept clean. At the end of the work, wet cleaning and washing with detergents are carried out. In trade organizations, when cleaning premises, it is recommended to use modern mechanized equipment.
10.2. General cleaning is carried out monthly, followed by disinfection of premises, equipment, equipment, utensils, etc.
10.3. Lighting fixtures, fittings, glazed surfaces of windows and openings are kept clean and cleaned when dirty.
10.4. To collect waste and garbage, metal or plastic pedal bins with lids are installed in the premises. As they are filled, but not more than 2/3 of the volume, they must be cleaned, and at the end of work, washed with detergents and disinfectants approved in the established manner for these purposes, then rinsed with hot water.
10.5. The mode of washing commercial equipment manually consists of the following stages: a) mechanical removal of food residues; b) washing equipment with a brush with the addition of detergents at a water temperature of 45-50 ° C; c) rinsing equipment with hot running water with a temperature of at least 65 ° C;d) drying on special shelves or grates. Baths for washing equipment are regularly washed with hot running water using detergents and disinfectants. Brushes and sponges for washing equipment, dishes, containers are thoroughly washed daily using detergents, if possible, boiled for 10-15 minutes, dried and stored in a specially designated place. Isothermal containers used for the sale of kvass, beer, milk, etc. are sanitized at the manufacturer of these products. The washing regime for food vending machines is carried out in accordance with the instructions on their operation and sanitary treatment. The mode of washing milk flasks and rubber gaskets: a) rinsing milk flasks with warm water at a temperature of 30-40 ° C; b) washing the flasks with a hot washing solution at a temperature of 60-65 ° C; c) rinsing the flasks with water until the remnants of the washing solution are completely removed; d) after processing, the flasks are dried, placed upside down on racks, with the lid open. Rubber gaskets of milk flasks are washed in the same mode, separately.
10.6. Toilets are washed and disinfected as needed and after the trade organization has finished its work. For cleaning toilets, special, marked equipment is allocated. Cleaning equipment for toilets and work clothes are stored in separate places, isolated from cleaning equipment in other rooms. Whenever toilets are cleaned, water tap valves, as well as door handles and latches, flush handles and other surfaces that are touched by a person’s hands when visiting the toilet, are wiped with a separate cloth moistened with a disinfectant solution.
10.7. Trade organizations use detergents and disinfectants approved by the authorities and institutions of the State Sanitary and Epidemiological Service in accordance with the established procedure, which are used in strict accordance with the attached instructions and are stored in specially designated places in the manufacturer’s containers. Detergents and disinfectants are stored in a dry, well-ventilated room equipped with shelving where food storage is not permitted.
10.8. Current repairs of trade organizations (whitewashing, painting of premises, equipment, etc.) are carried out as necessary.
11. Hygienic requirements for food transportation
11.1. Specially designed or specially equipped vehicles are used to transport food products. Transportation of food products together with non-food products is not allowed. For the transportation of a certain type of food products (dairy, sausage, cream confectionery, bread, meat, fish, semi-finished products), specialized transport must be allocated with markings in accordance with the products being transported.
11.2. Vehicles used for transporting food products must have a sanitary passport issued in the prescribed manner, be clean, and in good condition. The internal surface of the car body must have a hygienic coating that can be easily washed and disinfected.
11.3. The driver-forwarder (forwarder), the driver-loader must have a personal medical book of the established type, work in special clothing, strictly observe the rules of personal hygiene, ensure the safety, quality, safety and rules of transportation (unloading) of food products.
11.4. Transportation conditions (temperature, humidity) must comply with the requirements of regulatory and technical documentation for each type of food product, as well as the rules for transporting perishable goods by different types of transport. Transportation of perishable food products is carried out by specialized refrigerated or isothermal transport.
11.5. Loading and unloading of food products is carried out by personnel wearing clean sanitary clothing.
11.6. Bread and bakery products must be transported in trays, in special closed vehicles or vans equipped with shelves. It is not allowed to transport bread in bulk.
11.7. Cream confectionery products must be placed in containers or trays with lids; cakes must be supplied in the manufacturer's standard containers. Transportation of cream confectionery products on open sheets or trays is not permitted.
11.8. Live fish are transported in thermally insulated tank vehicles equipped with a device for cooling water, as well as equipment for saturating the water with air. The temperature of the water in the tank should not exceed 10°C.
11.9. When transporting food products, the rules for their sequential stacking must be strictly observed, excluding contact between raw and finished products and contamination of products during loading and unloading.
11.10. Vehicles used for transporting food products and food raw materials are washed daily using detergents and disinfected monthly with products approved by the authorities and institutions of the State Sanitary and Epidemiological Service in the prescribed manner.
12. Measures to combat insects and rodents
12.1. In trade organizations, the presence of insects (harmful arthropods - cockroaches, flies, red house ants, mosquitoes, rat mites; stock pests - beetles, butterflies, hay beetles, ticks, etc.) and rodents (gray and black rats, house mice, voles) is not allowed etc.). To combat insects and rodents, modern and effective means are used that are approved for use on the territory of the Russian Federation in accordance with the established procedure.
12.2. Disinsection and deratization activities are carried out constantly and regularly in the prescribed manner.
12.3. The methodology, frequency and conditions for carrying out disinsection and deratization work are regulated by the hygienic requirements for carrying out disinfection, deratization and disinfestation work. GARANT: See. Sanitary and epidemiological rules SP 3.5.3.3223-14 “Sanitary and epidemiological requirements for the organization and implementation of deratization measures”, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 22, 2014 N 58
13. Personal hygiene of personnel
13.1. Persons entering work in trade organizations undergo medical examinations, professional and hygienic training and certification in the prescribed manner.
13.2. For each employee, a personal medical record book of the established form is created, in which the results of medical examinations and laboratory tests, information about previous infectious diseases, and a note on the completion of hygienic training and certification are entered.
13.3. All trade organizations create the necessary conditions for compliance with the rules of personal hygiene of staff (availability of soap, towels, toilet paper, etc.).
13.4. Joint storage of sanitary and household clothing in trade organizations is not carried out.
13.5. Employees of a trade organization are required to observe the following rules of personal hygiene: - leave outerwear, shoes, hats, personal belongings in the dressing room; - before starting work, wash your hands thoroughly with soap, put on clean sanitary clothing, tuck your hair under a cap or headscarf; - work in clean sanitary clothing, change it as it gets dirty; - before visiting the toilet, take off sanitary clothing in a specially designated place, after visiting the toilet, wash your hands thoroughly with soap; - if signs of a cold or intestinal dysfunction, as well as suppurations, cuts, burns, appear, inform the administration and contact a medical facility for treatment; - report all cases of intestinal infections in the employee’s family; - do not smoke or eat in the workplace (eating and smoking are permitted in a specially designated room or place).
13.6. Every trade organization should have a first aid kit with a set of medicines for first aid.
13.7. Students of secondary schools, vocational schools, students of special educational institutions and technical schools, before undergoing practical training in trade organizations, undergo a medical examination and hygienic training in the prescribed manner.
13.8. Mechanics, electricians and other workers engaged in repair work in production and warehouse premises work in workshops in clean sanitary (or special) clothing and carry tools in special closed boxes.
14. Requirements for compliance with sanitary rules
14.1. The head of a trade organization ensures: - the presence of these sanitary rules in each trade organization; - compliance with the requirements of sanitary rules by all employees of the trade organization; - proper sanitary condition of non-centralized water supply sources and the quality of water in them; - organization of production control; - necessary conditions for compliance with sanitary standards and rules for the reception, storage and sale of products, guaranteeing their quality and safety for the health of consumers; - hiring persons who have health clearance and have undergone professional, hygienic training and certification; - availability of personal medical records for each employee; - timely passing preliminary upon admission and periodic medical examinations by all employees; - organization of professional hygienic training and retraining of personnel according to the hygienic training program in the prescribed manner; - implementation of regulations of bodies and institutions of the state sanitary and epidemiological service; - working conditions of workers in accordance with current legislation, sanitary rules, hygienic standards; - organization of regular centralized washing and repair of sanitary and special clothing; - proper operation and timely repair of technological, refrigeration and other equipment; - availability of a sufficient amount of production equipment and inventory, utensils, containers, packaging materials, detergents, disinfectants and other items material and technical equipment; - carrying out disinfection, disinfestation and deratization measures; - timely garbage removal, disposal of used fluorescent lamps; - availability of first aid kits and their timely replenishment; - organization of sanitary and educational work with staff.
14.2. Compliance with these sanitary rules is mandatory for individual entrepreneurs and legal entities (Article 39 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population”, (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650).
6.1 At trade enterprises of all types and types, the safety of life and health of customers and compliance with current trade rules must be ensured.
6.2 Trade enterprises must comply with the requirements of regulatory legal acts of the Russian Federation and regulatory documents of federal executive authorities, , , , , , .
6.3 Trade enterprises can be located in separate buildings, on the first floors of built-in and attached buildings, residential buildings or non-residential buildings, in the structure (composition) of shopping centers and shopping complexes, on the territory of industrial and other facilities, except for cases when regulatory legal acts of the Russian Federation establish restrictions or prohibitions on their placement, including by types of products and services sold, operating hours, etc.
6.4 Trade enterprises must be equipped with convenient access roads and pedestrian access to the entrance, and have the necessary reference and information signs. The area adjacent to the enterprise must be landscaped and illuminated at night.
Wholesale trade enterprises must have a developed transport infrastructure and convenient areas for parking, maneuvering and parking of freight vehicles.
All trade enterprises must have loading and unloading areas or ramps for unloading vehicles.
6.5 Architectural and planning solutions and structural elements of buildings and structures of trade enterprises and the technical equipment used must comply with building codes and regulations.
6.6 When designing, choosing a location, constructing and operating a retail facility, including small retail retail chain facilities, the established requirements must be met:
To the location and surrounding area, architectural, planning and constructive solutions;
To the conditions for locating trade enterprises in residential buildings;
Engineering and technical support systems, including water supply, sewerage, heating, ventilation, air conditioning, gas supply, electricity supply, communications, informatization, dispatching, waste disposal, vertical transport (elevators, escalators);
For fire and security alarms.
6.7 Trade establishments must be provided with emergency exits, staircases, instructions on what to do in an emergency, warning systems and fire protection equipment, as well as clearly visible information signs that provide free orientation for customers in both normal and emergency situations*.
6.8 Stationary trading establishments must be equipped with engineering systems and equipment that provide the necessary level of comfort, including being equipped with artificial, natural, emergency lighting, hot and cold water supply, sewerage, heating, ventilation systems, telephone communications, fire alarm system and automatic system fire extinguishing, security alarm and video surveillance systems, , .
Temperature, humidity and illumination of premises must comply with standards that ensure the preservation of the health and performance of personnel at each workplace.
6.9 When locating trade enterprises in residential buildings, their premises must comply with the requirements of building regulations for noise levels, vibration and sound insulation according to , , . Trade enterprises occupying part of a residential building must be equipped with a separate entrance (exit).
6.10 Trade enterprises selling food products and public catering products must comply with sanitary and epidemiological rules for food trade enterprises, including having regulated temperature and humidity conditions in the premises for storing and selling goods.
6.11 Shops operating as part of trade enterprises for the production of public catering products (semi-finished products, culinary, bakery, confectionery and dishes) must comply with the requirements of the current sanitary and epidemiological rules.
6.12 Commercial and refrigeration equipment must comply with general safety requirements and be used in accordance with the safety requirements and operational documentation of the manufacturers.
6.13 The trading enterprise must be staffed with personnel with appropriate professional skills, knowledge and abilities, trained in labor protection and safety requirements.
Personnel of trade enterprises selling food and catering products must undergo medical examinations, hygienic training and observe personal hygiene rules.
The personnel of all commercial enterprises must be prepared to act in emergency circumstances.
6.14 At trade enterprises under construction and reconstruction, devices and information signs must be provided to ensure the ability to move along stairs, elevators or ramps and use trading floors and premises to provide trade services to people with disabilities and other groups of the population with limited mobility in accordance with GOST R 51631 and. When the trading floors of retail enterprises are located on three or more floors, it is necessary to provide vertical transport: passenger elevators, escalators, tervalators.
6.15 Trade enterprises must bring to the attention of customers in a clear and accessible form the necessary and reliable information about the services provided and the goods sold, ensuring the possibility of their correct choice. Requirements for the content of information for consumers are determined by current legislation and rules for the sale of certain types of goods.
6.16 A trading enterprise must have a sign indicating the company name of the organization, operating hours, location, and legal address.
6.17 The minimum areas of individual premises for the provision of trade services to customers, except for services for the sale of goods, are independently established by the administration of trade enterprises.
The width of the aisles between the equipment in the sales area should provide customers with the convenience of choosing and purchasing goods. The width of the main evacuation passages in the sales area should ensure the safety of customers in the retail establishment.
6.18 The organization of technological processes and personnel workplaces must comply with labor protection rules at trade enterprises.
6.19 Enterprises with a sales area of 2,500 or more must have public toilets for customers, with special toilets for the disabled and other groups of the population with limited mobility.
6.20 At trade enterprises, stylistic unity of the interior of the hall, furniture and staff uniforms must be ensured,
6.21 At specialized trading enterprises, more than half of the trading area should be allocated for trading in goods corresponding to the specialization of trade.
6.22 The list of additional services provided to customers at trade enterprises of various types and types is independently established by the administration of trade enterprises in accordance with GOST R 51304.
6.23 Requirements for the design of signs, shop windows, advertising materials, exhibition equipment and the appearance of personnel of trade enterprises of various types and types are established independently by the administration, taking into account the provisions of current documents of federal executive authorities and regulatory documents.
______________________________
* Does not apply to mobile objects of small retail trade networks.
Bibliography
| Federal Law of December 28, 2009 N 381-F3 | "On state regulation of trade activities in the Russian Federation" | |
| Federal Law of December 30, 2009 N 384-FZ | Technical regulations "On the safety of buildings and structures" | |
| Rules for the sale of certain types of goods and a list of durable goods that are not subject to the buyer’s requirement to provide him with a similar product free of charge for the period of repair or replacement, and a list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, or dimensions , style, color or configuration. Approved by Decree of the Government of the Russian Federation dated January 19, 1998 N 55 with amendments and additions | ||
| Rules for commission trade in non-food products. Approved by Decree of the Government of the Russian Federation of June 6, 1998 N 569 with amendments and additions | ||
| Rules for selling goods based on samples. Approved by Decree of the Government of the Russian Federation of July 21, 1997 N 918 with amendments and additions | ||
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