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Rules of trade in non-food products in the Russian Federation. Food products: criteria

I. General provisions

1. These Rules are developed in accordance with the Law Russian Federation"On Protection of Consumer Rights" and regulate relations between buyers and sellers in the sale of certain types of food and non-food products.

2. The buyer is understood as a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to entrepreneurial activities.

The seller is understood as an organization regardless of the organizational and legal form, as well as individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).

3. The mode of operation of the seller - a state or municipal organization is established by decision of the relevant executive authorities or local governments.

The mode of operation of the seller - an organization of a different organizational and legal form, as well as an individual entrepreneur is established by them independently.

In the event of a temporary suspension of its activities (for planned sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.

4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.

When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the manufacturer's packaging) medicines, medical products, jewelry and other products from precious metals and/or precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and databases.

(The paragraph was introduced by Decree of the Government of the Russian Federation of 06.02.2002 N 81, as amended by Decrees of the Government of the Russian Federation of 12.07.2003 N 421, of 03.27.2007 N 185, of 04.10.2012 N 1007, of 05.01.2015 N 6, of 19.09. 2015 N 994)

5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation of trading activities established by the regulatory legal acts of the Russian Federation.

(clause 5 as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation preservation of the quality and safety of goods during their storage and sale at the point of sale, proper trading conditions, as well as the possibility right choice buyers of goods.

7. The seller is obliged to have and maintain measuring instruments in good condition, in a timely manner and in in due course carry out their metrological verification.

In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.

8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.

9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.

10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

The seller - an individual entrepreneur must provide the buyer with information about state registration and the name of the body that registered it.

If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.

The specified information is placed in places convenient for familiarization of the buyer.

Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.

When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.

(the paragraph was introduced by Decree of the Government of the Russian Federation of 06.02.2002 N 81; as amended by Decree of the Government of the Russian Federation of 23.12.2016 N 1465)

11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.

Information in without fail must contain:

Name of product;

location (address), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - the name of the country the origin of the goods;

information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;

information about the main consumer properties of the goods;

information about energy efficiency goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on increasing energy efficiency;

rules and conditions for effective and safe use goods;

guarantee period, if it is set for a specific product;

service life (shelf life), if it is set for a specific product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the expiration of the specified period pose a danger to the life, health and property of the buyer or become unsuitable for their intended use;

the price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount.

If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.

The seller must warn the buyer about the shortcomings in the goods not only orally, but also in writing(on the product label, sales receipt, or otherwise).

(clause 11 as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.

(as amended by Decrees of the Government of the Russian Federation of 04.10.2012 N 1007, of 23.12.2016 N 1465)

13. Sale of goods made from objects of the animal world (fur and leather sewing, haberdashery, decorative items, shoes, food products) belonging to the species listed in the Red Book of the Russian Federation, is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive authority in the field of environmental protection. The sale of goods imported into the Russian Federation made from objects of the animal world falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is carried out on the basis of the permission of the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, - based on the permission of the authorized body.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.

14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

15. Information about the product, its manufacturer and seller must be brought to the attention of the buyer by the methods established by federal laws, other regulatory legal acts of the Russian Federation, and if they are not defined by these acts, then by the methods adopted for certain types of goods.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

The amount of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, label, label, in technical documentation) must comply with the requirements of federal laws, other regulatory legal acts of the Russian Federation.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

Information about the seller, goods and their manufacturers is brought to the attention of buyers in Russian, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation.

16. The consumer must also be provided with clear and reliable information about the services provided, the prices for them and the conditions for the provision of services, as well as the forms of service used in the sale of goods (on pre-orders, sale of goods at home and other forms).

17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.

The buyer has the right to inspect the offered goods, demand that a property check be carried out in his presence or a demonstration of its operation, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.

The seller is obliged to conduct a quality and safety check (inspection, testing, analysis, examination) of the goods offered for sale in the case when the checks are provided for by the legislation of the Russian Federation or the terms of the contract.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

18. The prices of goods sold by the seller, as well as other terms of the contract, must be the same for all buyers, except in cases where federal laws or other regulatory legal acts allow the provision of benefits for certain categories buyers.

19. The seller is obliged to ensure the availability of uniform and clearly defined price tags for the goods sold, indicating the name of the goods, grade (if any), price per weight or unit of goods. It is allowed to issue price tags on paper or other information carrier visually accessible to buyers, including those with electronic display of information, using slate boards, stands, light panels.

When selling goods carried out through peddling, the seller's representative must have a price list certified by the signature of the person responsible for its execution, indicating the name and price of the goods, as well as services provided with the consent of the buyer.

(clause 19 as amended by Decree of the Government of the Russian Federation of December 23, 2015 N 1406)

20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided federal law or an agreement between the seller and the buyer.

In case of retail trade, together with the goods (with the exception of the food products specified in paragraph two of clause 4 of these Rules), the buyer is given a sales receipt, which indicates the name of the goods and information about the seller, the date of sale, the quantity and price of the goods, and the signature of the seller’s representative .

21. Settlements with buyers for goods are carried out using cash registers, with the exception of provided by law Russian Federation cases.

22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.

The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.

The seller is not entitled to condition the sale of certain goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods are subject to technical requirements cannot be assembled and (or) installed (connected) without the participation of relevant specialists.

In the case of delivery of bulky goods by the buyer, the seller is obliged to ensure the loading of the goods on the buyer's vehicle free of charge.

23. The seller is obliged to transfer to the buyer goods of proper quality, in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging, in a certain set (set of goods) and completeness, with documents related to the goods and accessories.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, a set of goods, as well as the conditions for the delivery of goods are established by the legislation of the Russian Federation.

24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.

25. When selling goods with the condition of its acceptance by the buyer in certain period the seller cannot sell the goods to another buyer during this period.

Unless otherwise provided by the agreement between the seller and the buyer, the buyer's failure to appear or otherwise necessary action to accept the goods within the period specified by the contract may be considered by the seller as the buyer's refusal to purchase the goods.

26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.

If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it or exchange it for a similar product at the first receipt of the corresponding goods for sale. The seller is obliged to inform the buyer, who requested the exchange of non-food goods, of its receipt on sale.

The buyer's demand for the exchange or return of the goods is subject to satisfaction if the goods were not in use, their presentation is preserved, consumer properties, seals, labels, as well as evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return on the grounds specified in this clause in accordance with the list approved by the Government of the Russian Federation.

27. The buyer, to whom goods of inadequate quality were sold, if its defects were not specified by the seller, has the right, at his choice, to demand from the seller:

replacement for a product of a similar brand (model, article);

replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

proportional reduction of the purchase price;

immediate gratuitous elimination of defects in the goods;

reimbursement of expenses incurred by the buyer or a third party to eliminate defects in the goods.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

In this case, the buyer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality.

The buyer has the right to demand the replacement of a technically complex or expensive product in the event of a significant violation of the requirements for its quality (detection of fatal flaws, flaws that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar shortcomings).

With regard to technically complex goods, the specified requirement of the buyer is subject to satisfaction in accordance with the List of such goods approved by the Government of the Russian Federation.

In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such goods with a product of good quality or a commensurate reduction in the purchase price.

Instead of presenting these requirements, the buyer has the right to refuse the purchased goods and demand the return of the amount of money paid for the goods.

In this case, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.

When returning to the buyer the amount of money paid for the goods, the seller is not entitled to withhold from it the amount by which the value of the goods has decreased due to its full or partial use, loss of its presentation or other similar circumstances.

In the event that the buyer presents a demand for the seller to eliminate the shortcomings of a durable product or replace such a product, the buyer has the right to simultaneously demand that he be provided with a similar product of adequate quality for the period of repair or replacement of goods of inadequate quality, with the exception of goods according to the List approved by the Government of the Russian Federation, for which this requirement does not apply.

28. The seller or an organization that performs the functions of a seller on the basis of an agreement with him is obliged to accept goods of inadequate quality from the buyer, and, if necessary, to check the quality of the goods. The buyer has the right to participate in the quality control of the goods.

If a dispute arises about the reasons for the appearance of defects in the goods, the seller or an organization performing the functions of the seller on the basis of an agreement with him, are obliged to conduct an examination of the goods at their own expense. The buyer has the right to challenge the conclusion of such an examination in court.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the buyer is not a reason to refuse to satisfy his requirements and does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.

(the paragraph was introduced by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

29. The deadlines for the seller to satisfy the buyer's requirements, as well as liability for violation of these deadlines, are determined in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".

30. The buyer has the right to present the requirements specified in paragraph 27 of these Rules in relation to the defects of the goods if they are discovered during the warranty period or the expiration date.

The warranty period of the goods, as well as its service life, is calculated from the date of sale of the goods to the buyer. If it is impossible to determine the day of sale of the goods, this period shall be calculated from the date of manufacture of the goods.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

The expiration date of the goods is determined by the period calculated from the date of manufacture of the goods, during which it is suitable for use, or the date before which the goods are suitable for use.

If the buyer is deprived of the opportunity to use the product due to circumstances that depend on the seller (the product needs special installation, connection or assembly, it has defects, etc.), the warranty period is calculated from the date the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of the goods cannot be determined, the warranty period shall be calculated from the date of conclusion of the contract of sale.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

For seasonal goods (clothes, fur goods, footwear and other goods), the warranty period is calculated from the moment of the onset of the corresponding season, the onset of which is determined by the authorized government agency subject of the Russian Federation, based on the climatic conditions of the location of buyers.

If the warranty period is less than two years and defects in the goods are discovered by the buyer after the expiration of the warranty period, but within two years, the seller is liable if the buyer proves that the defects in the goods arose before it was handed over to the buyer or for reasons that arose before that moment.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

31. If the product does not have a warranty period or expiration date, claims related to the defects of the goods may be presented by the buyer, provided that the defects are discovered within a reasonable time, but within two years from the date of transfer of the goods to the buyer or within a longer period established in accordance with federal law or treaty.

(as amended by Decree of the Government of the Russian Federation of 06.02.2002 N 81)

Approved: Decree of the Government of the Russian Federation of January 19, 1998 N 55

The retail sale and purchase agreement is considered concluded from the moment the seller issues the buyer a cash receipt, sales receipt or other document confirming payment for the goods. Agree that such contracts trade organizations close every day. In our article, we will talk about the basic rules that these firms must follow.

HER. Amarina, expert of AG "RADA"

Firms and entrepreneurs must comply with certain rules for the sale of goods. They are established by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 and are valid throughout Russia (hereinafter referred to as the Decree).

In accordance with article 14.15 of the Code of Administrative Offenses, the trade inspectorate has the right to fine for violation of these rules:

firm - in the amount of 10,000 to 30,000 rubles;
manager - from 1000 to 3000 rubles.

There are many of these rules. In the article we will talk about their main ones. Let's start in order.

Buyer Information

The acquaintance of the buyer with the store begins with its sign. It should be placed in a conspicuous place in front of the entrance to the premises. In order for the buyer to immediately understand which store is in front of him and how it works, the sign must contain the following information:

the name of the organization and its profile;
mode of operation;
the name of the organizational and legal form of the trade enterprise;
legal address of the organization.

In addition, the seller-individual entrepreneur must provide the buyer with information on state registration and the name of the organization that registered it. This data can be placed on the stand, the information board of the store, etc. The main condition is that this information be in a place accessible to the buyer.

If the store is subject to licensing (for example, a pharmacy), then it is also obliged to provide data on the number and validity of the license, as well as on the organization that issued it.

When trading in temporary premises (fairs, trade from stalls, etc.), buyers must be provided with similar information. This is stated in paragraph 10 of the Resolution.

Organization of work in the store

After reading the sign, the customer enters the store. In order for a person to better navigate in an unfamiliar room, the seller must take care of the convenient placement of information on the trading floor.

Letter No. 1-314/32-9 of March 17, 1994 from Roskomtorg recommends that retailers provide the following information about themselves:

location indicators of departments (sections) or goods sold;
the surname and initials of the employees of the trading floor (on their workplaces or badges);
list and cost of services rendered to customers;
order of exchange of goods.

In addition, in an accessible place, it is necessary to hang an extract from the rules for retailing individual goods and telephone numbers of organizations that control the work of this store.

Please note: at enterprises selling meat, a scheme for cutting meat by grade should be placed in a conspicuous place. Agree that this is rarely seen.

Let us dwell in more detail on the design of price tags for goods. Since local authorities had different requirements for their execution, Roskomtorg issued a letter dated March 13, 1995 No. 1-304 / 32-2 “On the procedure for issuing price tags for goods sold”. It is recommended to indicate certain details in the price tags. For example, for bulk food products, you need to indicate the name of the product, grade (if the product has a grade), price per gram or one hundred grams. For goods sold in bulk, the name of the goods and the price per container unit are indicated. And for piece or packaged goods - the name of the goods, capacity, weight and price for packaging.

Note that these rules exist for both food and non-food products.

Please note: goods packaged directly in the store must have an insert that will indicate the name of the product, weight and price for packing. The same information may be contained on the product packaging.

On price tags and inserts, all the details must be clearly and legibly applied with stamp ink (stamp), ink or paste. Price corrections are not allowed. Price tags for all types of goods must be signed by a financially responsible person or employee who is entrusted with this responsibility.

In addition, the seller is obliged to have measuring equipment in the store to check the weight, price or size of the goods. The seller is responsible for its good condition and must carry out metrological verification in a timely manner and in the prescribed manner. Scales should be installed on the trading floor in an accessible place. This is indicated in paragraph 7 of the Resolution.

Also, the seller must have a book of reviews and suggestions, which is provided to the buyer upon request (paragraph 8 of the Resolution).

Product information

The seller needs to create all the conditions for the buyer so that he can quickly choose a product that suits him in terms of quality and price. To do this, the necessary information about the product and its manufacturer must be indicated in a conspicuous place. The required information is:

Name of product;
price and conditions for the purchase of goods;
company name and location (legal address) of the manufacturer of the goods;
location of an organization authorized by the manufacturer or seller to accept claims from buyers and carry out repairs and maintenance of the goods;
designation of standards, the mandatory requirements of which the product must comply with;
information about the main consumer properties of the goods;
rules and conditions for the effective and safe use of the goods;
warranty period, if it is established for a specific product;
service life or expiration date, if any.

If the purchased goods were in use or any defect was eliminated in it, the seller must warn the buyer about this in advance. Information about the shortcomings of the goods should be reported both orally and in writing. This can be indicated on the product label, sales receipt or in any other way.

Product quality

The quality of the goods is confirmed by a certificate. On July 1, 2003, the Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation” came into force, which will change the rules for certification of goods within seven years.

In accordance with it, gradually to replace the usual GOSTs, which are on this moment obligatory standards of goods, technical regulations will come. But they will be developed only in order to protect the life, health of people, their property, as well as environment. Quality standards that affect the competitiveness of goods will now be regulated by the manufacturers themselves, and voluntarily. That is, mandatory and voluntary certification will remain, but the list of products subject to mandatory certification, will gradually decrease. National product quality standards will also soon be developed.

Products that comply with the national standard will be marked with a mark of conformity, and with technical regulations - with a mark of circulation on the market. So, over time, the usual quality mark will be replaced by two at once, and when buying a product, you will need to pay attention to their presence.

So far, technical regulations have not yet been developed, and firms need to be guided by the current rules for certification of goods. In accordance with paragraph 12 of the Resolution, at the request of the buyer in the store, he must be provided with one of the following documents:

certificate or declaration of conformity of goods;
a copy of the certificate certified by the holder of the original certificate, a notary public or the organization that issued the certificate;
shipping documents issued by the manufacturer or supplier (seller) of the goods.

These documents are certified by the signature and seal of the manufacturer (supplier, seller) indicating his address and telephone number.

Working mode

In accordance with paragraph 3 of the Decree, the seller organization sets the operating mode for itself. In the event of a temporary suspension of its activities, the store is obliged to promptly inform the buyer about the date and time when the store will not work. For example, when carrying out planned sanitary days, repairs, etc. To do this, at the entrance to the store in a conspicuous place, you need to hang an announcement with the necessary information.

When the store's opening hours change, for example, on pre-holiday and holidays, buyers should also be informed about this in advance.

The legislation of our country is constantly undergoing changes, they do not bypass the rules of trade. Read more about what regulations must be followed when carrying out entrepreneurial activities in the field of retail trade in 2017 - read in our material.

An important document for all firms and entrepreneurs engaged in retail trade is Decree of the Government of the Russian Federation dated January 19, 1998 No. 55. This document is approved in accordance with the Law of the country "On the Protection of Consumer Rights", which means that the requirements of the Decree must be strictly followed. Changes are made to this document from time to time, which means that entrepreneurs must always be aware of the amendments and know the new editions of the text of the Resolution.

Trade rules are designed to regulate the relationship between sellers and buyers. For each type of food and non-food products, sales requirements will be different. But there are general basic provisions that regulate the activities of all retailers in our country. As you know, control over the work of retail stores is carried out by various structures - the Office of Rosportebnadzor, the State Fire Supervision, the tax department and others. If violations of one or another retail trade rule are found, a legal entity may be held administratively liable, and in worst case- even criminal. For example, for non-compliance with sanitary rules and hygiene standards, an entrepreneur faces a fine of 500 rubles, and a company - from 10 thousand rubles; if the store violates sanitary and hygienic requirements for food products, then a businessman can be fined up to 3,000 rubles, and a company - up to 30,000.

Each entrepreneur carrying out activities in the field of retail trade should familiarize himself with GOST R 51304-2009. The document establishes the types of trade services, general requirements for the quality of services, safety requirements for services provided in the field of trade.

In general, when carrying out retail trade in goods, the following must be carried out:

Sanitary rules. Their observance is prerequisite entrepreneurial activity in the field of trade. They regulate the location of trade enterprises, their layout, technical device(sewerage, ventilation, heating, lighting), working conditions of sellers, storage of goods, sale of food products and many other aspects. It is especially necessary to note stores that trade in food raw materials and food products - they are subject to special, more “strict” requirements in accordance with the sanitary and epidemiological rules SP 2.3.6.1066-01. They are approved by the Federal Center for State Sanitary and Epidemiological Surveillance of the Ministry of Health of Russia.

Rules fire safety. When trading in retail stores, sellers are required to know and comply with the Fire Safety Instructions. These include requirements for the maintenance of the adjacent territory and retail premises, for primary fire extinguishing equipment at the enterprise, rules for the operation of electrical equipment, as well as the duties and actions of employees in case of fire, and other regulations.

It should be remembered that the main task for enterprises in the implementation of retail sales, it is to ensure the safety of life and the preservation of the health of consumers. Therefore, an individual entrepreneur or organization, regardless of the organizational and legal form, in the implementation retail goods, are obliged to strictly comply with the requirements established in the regulatory legal acts, documents, state standards and rules of the Russian Federation.

The rules for the sale of certain types of goods, approved by the Decree of the Government of the Russian Federation, quite clearly regulate the organization of work in retail store. And first important aspect in this vein, it is information that retailers must “report” to their customers without fail. For ease of reference, all basic documentation can be placed in a special "Customer's Corner" or on an information stand, since the data should be freely available to every visitor to your store.

Each buyer should be familiar with the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of 19.01.98 No. 55.

The book of reviews and suggestions must also be in your retail store and be provided to the buyer on demand.

The basic rules of retail trade oblige entrepreneurs to bring to consumers the company name of the organization, the legal form, as well as the address, the mode of operation - all this information must be presented on the sign of the store. In the corner of the buyer there must be documentation confirming the state registration of the store.

If the activity of your enterprise must be licensed, then the license, as well as information about the body that issued it, must also be brought to the attention of buyers of goods.

In an accessible place, it is also necessary to hang the telephone numbers of the authorities controlling the activities of the retailer, and information on the procedure for returning goods.

Also, for buyers of goods, information such as the surname and initials of sellers (shop employees must have badges), as well as indicators of the location of departments in the store, should be available. This is necessary for the convenience of visitors and will help “speed up” the process of selling various goods.

According to the basic rules of the sale, all goods in the store must be provided with price tags - they must be uniformly designed, the cost of goods on the price tag must be clearly visible. It must also indicate the exact name of the product, weight, stamp of the organization that sells, and the date when the price tag was issued.

As you know, retailers must provide their customers with the necessary conditions so that they can choose suitable product. That is why the sale rules provide for a number of requirements for providing information about goods.

Reliable information about the product should be brought to the attention of consumers: its correct and complete name, information about the manufacturer, documents confirming the compliance of the product with quality standards, data on consumer properties of the product, rules for its use, warranty period and shelf life. Also mandatory information is the price of the goods. The consumer must be provided with information about the defects of the goods if they were in use or were repaired.

Current page: 1 (total book has 3 pages)

Trade rules. Sanctions (Decree of the Government of the Russian Federation) with additions and changes for 2018

@ AST Publishing House LLC, 2018

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Decree of the Government of the Russian Federation of January 19, 1998 No. 55 on the approval of the rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer's requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of good quality, not subject to return or exchange for a similar product of a different size, shape, size, style, color or configuration

In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 3, Art. 140), the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the sale of certain types of goods;

A list of durable goods that are not subject to the buyer's requirement to provide him free of charge for the period of repair or replacement of a similar product;

A list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration.

2. Recognize as invalid:

Decree of the Council of Ministers - Government of the Russian Federation of October 8, 1993 No. 995 "On the Rules for the Sale of Certain Types of Food and Non-Food Products" (Collection of Acts of the President and Government of the Russian Federation, 1993, No. 43, Art. 4092);

Decree of the Government of the Russian Federation of February 12, 1994 No. 109 “On Approval of the Rules for the Sale of New Motor Vehicles” (Collection of Acts of the President and Government of the Russian Federation, 1994, No. 8, Art. 601);

Decree of the Government of the Russian Federation of May 24, 1994 No. 553 “On Approval of the Rules for the Sale of Fur Products” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1994, No. 7, Art. 762);

Decree of the Government of the Russian Federation of June 15, 1994 No. 684 “On Approval of the Rules for the Sale of Items Made of Precious Metals and Precious Stones” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1994, No. 9, Art. 1006);

Decree of the Government of the Russian Federation of February 20, 1995 No. 169 “On Approval of the Rules for the Sale of Goods by Order and at Buyers’ Homes” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 9, Art. 761);

Decree of the Government of the Russian Federation of May 17, 1996 No. 595 “On Amendments and Additions to the Rules for the Sale of Certain Types of Food and Non-Food Products” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 21, Art. 2517).

Prime Minister

Russian Federation

V. CHERNOMYRDIN

Rules for the sale of certain types of goods

Approved

Government Decree

Russian Federation

(As amended by Decrees of the Government of the Russian Federation No. 1222 dated October 20, 1998, No. 1104 dated October 2, 1999, No. 81 dated February 6, 2002 (as amended on May 23, 2006), No. 421 dated July 12, 2003, No. 49 dated February 1, 2005, dated 08.02.2006 No. 80, dated 15.12.2006 No. 770, dated 03.27.2007 No. 185, dated 27.01.2009 No. 50, dated 21.08.2012 No. 842, dated 04.10.2012 No. 1007, dated 05.01.2015 No. 6, from 19.09 .2015 No. 994, dated December 23, 2015 No. 1406, dated December 23, 2016 No. 1465)

I. General provisions

1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and regulate relations between buyers and sellers in the sale of certain types of food and non-food products.

The seller is understood as an organization regardless of the legal form, as well as an individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).

3. The mode of operation of the seller - a state or municipal organization is established by decision of the relevant executive authorities or local governments.

The mode of operation of the seller - an organization of a different organizational and legal form, as well as an individual entrepreneur is established by them independently.

When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and bases data.

(The paragraph was introduced by Decree of the Government of the Russian Federation of February 6, 2002 No. 81, as amended by Decrees of the Government of the Russian Federation of July 12, 2003 No. 421, of March 27, 2007 No. 185, of October 4, 2012 No. 1007, of January 5, 2015 No. 6, of September 19. 2015 No. 994)

(clause 5 as amended by Decree of the Government of the Russian Federation dated 04.10.2012 No. 1007)

6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility of the correct choice of goods by buyers.

7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.

In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.

8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.

9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 No. 1007)

The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.

If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.

The specified information is placed in places convenient for familiarization of the buyer.

(The paragraph was introduced by Decree of the Government of the Russian Federation No. 81 of February 6, 2002; as amended by Decree of the Government of the Russian Federation of December 23, 2016 No. 1465)

The information must contain:

Name of product;

information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;

information about the main consumer properties of the goods;

information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;

rules and conditions for the effective and safe use of the goods;

warranty period, if it is established for a specific product;

service life (shelf life), if it is established for a particular product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the specified period pose a danger to the life, health and property of the buyer or become unsuitable for its intended use;

the price in rubles and the conditions for the purchase of goods, including when granting a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount.

If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.

The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).

(clause 11 as amended by Decree of the Government of the Russian Federation dated 04.10.2012 No. 1007)

(As amended by Decrees of the Government of the Russian Federation No. 1007 dated October 4, 2012, No. 1465 dated December 23, 2016)

13. The sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to species listed in the Red Book of the Russian Federation is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the field of environmental protection. The sale of goods imported into the Russian Federation made from objects of the animal world falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is carried out on the basis of the permission of the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, - based on the permission of the authorized body.

(as amended by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.

14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 No. 1007)

17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 No. 1007)

(Clause 19 as amended by Decree of the Government of the Russian Federation of December 23, 2015 No. 1406)

20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided by federal law or an agreement between the seller and the buyer.

21. Settlements with buyers for goods are carried out using cash registers, with the exception of cases provided for by the legislation of the Russian Federation.

22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.

The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.

The seller is not entitled to condition the sale of some goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods cannot be assembled and (or) installed (connected) according to technical requirements without the participation of relevant specialists.

In the case of delivery of bulky goods by the buyer, the seller is obliged to ensure the loading of the goods on the buyer's vehicle free of charge.

(as amended by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.

25. When selling goods with the condition that the buyer accepts them within a certain period, the seller cannot sell the goods to another buyer during this period.

Unless otherwise provided by the contract between the seller and the buyer, the buyer's failure to appear or take other necessary actions to accept the goods within the period specified in the contract may be considered by the seller as the buyer's refusal to purchase the goods.

The buyer's demand for the exchange or return of goods is subject to satisfaction if the goods have not been in use, their marketable condition, consumer properties, seals, labels are preserved, and there is evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return according to the specified in this clause on the grounds in accordance with the list approved by the Government of the Russian Federation.

27. The buyer, to whom goods of inadequate quality were sold, if its defects were not specified by the seller, has the right, at his choice, to demand from the seller:

replacement for a product of a similar brand (model, article);

replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

proportional reduction of the purchase price;

immediate gratuitous elimination of defects in the goods;

reimbursement of expenses incurred by the buyer or a third party to eliminate defects in the goods.

(as amended by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

In this case, the buyer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality.

Instead of presenting these requirements, the buyer has the right to refuse the purchased goods and demand the return of the amount of money paid for the goods.

In this case, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.

(as amended by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

(the paragraph was introduced by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

29. The terms for the seller to satisfy the buyer's requirements, as well as liability for violation of these terms, are determined in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".

(as amended by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

For seasonal goods (clothes, fur goods, footwear and other goods), the warranty period is calculated from the moment of the corresponding season, the date of which is determined by the authorized state body of the constituent entity of the Russian Federation, based on the climatic conditions of the location of the buyers.

(as amended by Decree of the Government of the Russian Federation of February 6, 2002 No. 81)

Every day we purchase a variety of products that we use in Everyday life. This and household chemicals, and clothing, and food and other household items. And each of them must be sold at certain rules established both by the state and by international rules.

In this article, we will talk about such a thing as the rules for trade in non-food products. This is a very large set of rules that contains absolutely all the rules regarding the wholesale and retail sale of non-food products, and we will consider only its most basic provisions.

Where is trading possible?

To begin with, consider where, according to the law, you can sell non-food products. In fact, there are not so many restrictions, trading can be carried out anywhere and anytime if it is properly framed. Implementation can be done:

Representatives of organizations;
Individual stores;
Supermarkets and their departments;
Individual organizations engaged in retail trade;
Fairs and exhibitions;
Small merchants who have permission to do so.

But at the same time, it is worth noting that although you can trade almost anywhere, you need to provide all the necessary conditions, observing the rules for trading in non-food products and creating all the conditions for their safe sale. Let's list the most important points:

Acceptance of non-food products for further sale must take place in conditions suitable for this and in accordance with the regulations in force in Russia;
The seller must check all documents from the supplier, as well as with their help to establish compliance with quality standards;
Products until the moment of sale must be stored in conditions that meet its requirements and safety standards;
Before sale and during storage, the seller must ensure that the product does not deteriorate, there is no contamination on it, the expiration dates comply with the standards;
During the sale, provided that the goods are stored and sold in the same room, all the norms and rights of buyers must be observed;
The premises for the implementation must comply with both general sanitary standards, as well as the rules for the sale of specific goods.

General rules for providing information

Next the most important point implementation is to convey basic information to customers of stores. Regulations for the trade in non-food products are quite strict about what information should be available to buyers at any time, and what information they can obtain upon request. So, Consider the basic rules that apply to all outlets:

A special stand should contain materials containing all the current trade rules, information should be in the public domain. If there is no stand, then the rules must be kept by the seller;
At the same booth there should be a “Book of reviews and suggestions”, access to it should be free for everyone. If there is no place for storing the book, then it must be issued on demand;
All information about the seller should be freely available, including the data of a particular outlet and the legal entity - its owner. All necessary contacts for communication should also be available;
At the request of the buyer, the seller must provide all required licenses for trade, certificates of registration of an outlet and other similar documents;
In shops and other premises there should be stands indicating the telephone numbers of the supervising state services for contact, as well as a copy of the "Law on the Protection of Consumer Rights".

There are also additional rules providing information related to equipment on the trading floor. So, for example, the store should have special measuring instruments with which you can check the quality of the products sold. At the same time, these devices themselves must be available to everyone and have certificates.

Information

The store itself should also not have a chaotic structure - it must have signs with information. So, each employee of the hall should have a badge, each department of the store should have an information plate with a description of the goods being sold, and price tags should be available for all goods. If the price tag cannot be placed on the product, then it should be located nearby in a conspicuous place. The price tag should contain basic information about the product being sold, such as the name, weight (if necessary), the seal of the seller, dates and other important parameters depending on the type of product.

Rules for providing information about the product

General rules for providing information about yourself point of sale we told. Now let's move on to the basic rules of trade in non-food products regarding information about the most sold products.

The sale of goods is allowed only if there is an entire necessary information. The following information must be on the packaging or in the accompanying document:

Full name of the product;
Technical characteristics of the goods, the scope of its application;
Information about the manufacturer and production of the product itself;
Basic rules of use;
Safety precautions;
Warranty periods;
Storage conditions (if required);
Additional information depending on the product category.

Warning

Moreover, if these data are not indicated on the product, then the buyer has every right to request the missing information or accompanying documents from the seller - he will have to provide both regulatory and technical documentation and certificates, as well as specialized documents, such as licenses (if needed) and information about the product from the manufacturer.

Another rule concerns the sale of damaged or used goods. If the product is defective, but the buyer still wants to purchase it, then the seller is obliged to provide a proportionate discount, as well as to enter the existing defects in the document during the sale - they cannot become the basis for a subsequent sale. Also, before selling goods that were in use but returned for legal reasons, as well as when selling commission goods, they must go through an appropriate sanitization, as well as preparatory actions to give a presentation and quality control.

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