Today, a fine for selling goods without labeling is no longer a rarity: innovations in Federal Laws are aimed at improving the quality of products and reducing the amount of counterfeit goods on the market, the share of which has reached a truly critical level. Despite all the difficulties that arise, businessmen and entrepreneurs are actively switching to a new format and are forced to obey the rules. However, among the bulk there are still violators who, when caught, are forced to pay significant sums. We talk in detail in the article about how much it costs to break the law and the consequences of evading duties.
Violation of sales rules: fines for goods without labeling or incorrectly labeled products
In order to prevent even the slightest offense, you should know exactly all the parameters that must be observed. Today, we can identify several of the most common misconceptions that inevitably entail the imposition of penalties.
Code missing
This is a common and rather primitive violation. Data-Matrix coding is applied directly to the packaging, tag or label. If you skip this point, the seller will not only be fined, but will also be subject to additional seizure, which will entail double financial costs.
Non-compliance with rules
This characteristic affects poor-quality barcode printing or the inability to identify the marker. In this situation, it is important to familiarize yourself in detail with the print quality recommendations from the CRTP operator. If discrepancies are detected, the sale is considered illegal.
Penalty for incorrect labeling of goods: discrepancies in information in the UPD
As an example, we can give a case where the code is present, but there is no information about them in the UPD. A different model is specified that does not correspond to the item. If discrepancies of this kind are detected, the store should not accept the cargo, since their sale on the trading platform is considered illegal. Confiscation is also possible here.
The store skipped the relabeling stage
It is necessary to relabel a product when the assigned identifier is lost. The same procedure is required in case of returning products with a completely missing code on the label or if they are damaged. If it is impossible to install the previous GTIN, you must submit a request to assign a new one. If an organization does not follow these steps in order to quickly sell without a barcode, then liability is assigned equal to that if there was a sale of completely unlabeled products.
Incorrect return processing
A situation may arise when the seller decides to formalize a procedure to put the balances into circulation. In this case, the point has the right to accept products from the buyer who did not receive an identification number, as well as if it was purchased before the adoption of the Federal Law on labeling.
Transportation of tobacco products without labeling
Penalties for each specific case are precisely defined and described in detail in the relevant legislative act: according to the law, no more than 600 pieces are allowed for transportation. cigarettes/ 150 pcs. cigars / 750 gr. tobacco per 1 citizen. In the case of simultaneous transportation of all the listed varieties of tobacco products, their total weight should not exceed 750 g. If these requirements are not met, the citizen faces an administrative monetary penalty in the amount of 30-50 thousand rubles with confiscation of property, which causes a fairly significant double loss.
Product Labeling Law
The conditions for labeling goods and the liability that awaits violators are regulated by several regulatory documents. Fundamental Law No. 487-FZ of December 31, 2021 is valid from January 1, 2019.
The law changed the previous acts on trade and cash registers, prohibited the sale of goods without codes and introduced penalties for violations. According to the document, labeling will be introduced everywhere by 2024.
Fines for the production, import and sale of products in violation of the rules are prescribed in Article 15.12 of the Code of Administrative Offenses of the Russian Federation. It also states that those who try to circumvent the requirements may have their goods taken away. At the same time, the company will be able to continue operating.
Violators may also receive criminal penalties, which will comply with Article 171.1 of the Criminal Code of the Russian Federation.
The list of goods for which labeling codes are required is available to the Government of the Russian Federation No. 792-r. Download it to see if your business needs to comply with the new rules.
How to evade punishment
The only sure way to avoid liability is to fully comply with the law. It follows from this that in situations where the identifier is missing, errors are detected or it is impossible to read it, the goods are not allowed for acceptance. First of all, the owner completely eliminates the identified errors and only then transfers the product.
If you are an owner, it is important to accurately track deadlines and compliance with rules. The product is subject to relabeling if it is returned without a code. Remaining stock in the warehouse must also be sent through the cycle after the entry into force of legal grounds.
There are a number of conditions that are required when working with markings.
Qualified electronic signature
It is necessary to protect documents sent by e-mail and determine their legal significance.
Document flow
The state information system for monitoring goods records all information automatically after signing the universal transfer act.
Equipment
All equipment of the workshop is subject to modification and re-equipment of equipment for printing markings, identifying defects, organizing storage and subsequent sale. If there is no technical possibility, then it is necessary to purchase special equipment.
Cash register for retail and catering
Equipment is required to timely transmit data to Chestny ZNAK, which is described in Federal Law-54.
Special software
The software greatly facilitates production stages and automates them. Find more specialized systems on the official website cleverence.ru.
We analyze popular questions in detail
Despite the rather long-term transition of modern business to the Honest SIGN programs, some entrepreneurs were not ready for strict monitoring of processes. Today, violations are regularly identified that affect manufacturers and intermediary sellers on the way to the final consumer. In order to avoid significant financial losses, fines and imprisonment, you should know exactly which offenses are considered in court most often and what the consequences of inattention are.
Is flashing the cash register required?
The absence of a printed code on a receipt is an offense described in 54-FZ, which regulates the use of cash register control equipment. To avoid punishment, the device must be flashed in advance.
How to work with leftovers
The principle of interaction with the category of residuals differs depending on the group. For example: shoes manufactured or delivered to the store in the period before 07/01/2020 must be marked as surplus until 09/01/2020. In the future, even storage and transportation will be considered a violation. If it was purchased abroad, but for a number of reasons is delayed at the border, the Federal Customs Service will not release the batch for sale on the domestic market. In this case, marking is allowed within the temporary storage warehouse on the territory of the customs office for subsequent release. Identical rules apply to all groups.
Simplification of all stages is possible thanks to the active implementation of convenient and practical software from Cleverence into the usual algorithm.
Can't scan code upon arrival
Here you should check that the identifier is spelled correctly. Sometimes suppliers indicate only partially or add a crypto-tail to it, which contradicts the “Honest SIGN”. If an error is detected, acceptance must be rejected and a new invoice requested. It is also permissible to completely abandon the products.
How to avoid fines
It is important to carefully study and study the rules describing individual product categories. Thus, for light industry enterprises, identifier codes contain simplified information, in contrast to large-sized and specific inventions.
Each seller and intermediary undertakes to connect to the State program, which guarantees the transfer of data at all levels. Unified interaction algorithm:
- it is necessary to register the organization with Chestny Znak;
- then an electronic digital signature is assigned for marking;
- equipment update and flashing;
- ordering and assignment of codings;
- transfer of information data to the GIS MT operator.
If you follow the full cycle, there is no need to fear punishment.
Illicit trafficking in tobacco products
Only excise tobacco products are subject to sale on the territory of the Russian Federation. If there is no marking, the product is considered counterfeit or falsified.
In order to prevent illegal trade in tobacco products and tobacco products, each pack and each package of tobacco products is subject to mandatory labeling in accordance with the requirements of the Federal Law of December 22, 2008. No. 268-FZ “Technical regulations for tobacco products”.
From July 1, 2021, amendments to Article 18 of the Federal Law of February 23, 2013 are in effect. No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.” Part 2 Art. 18 regulates the procedure for recording the production of tobacco products and their movement across the customs border. Part 4 of Article 18 regulates the procedure for verifying the authenticity of federal special and excise stamps of cigarettes.
Verification of the authenticity of federal special stamps and excise stamps is carried out by organizations engaged in wholesale and retail trade in tobacco products and tobacco products, visually, as well as using access to information resources of the federal executive body authorized by the Government of the Russian Federation.
Violation of the terms of trade in tobacco products may result in criminal or administrative liability
| Criminal liability | Administrative responsibility |
In accordance with Art. 171.1 of the Criminal Code of the Russian Federation prohibits the sale of unlabeled tobacco products subject to mandatory excise duty. The legislation provides for punishment for selling cigarettes without excise tax in a particularly large amount or in a group:
Violation of excise legislation on an especially large scale is punishable by a fine of 1 million rubles. (or entrepreneur’s income for 5 years) and imprisonment for up to 6 years. Citizens who trade in tobacco products without excise tax on a large scale (over 100 thousand rubles) are held liable:
The fine for selling cigarettes without excise tax and legal sanctions depend on the volume of seized products. The large size of illegal products (in the amount of more than 100 thousand rubles) and especially large (in the amount of 1 million rubles or more) is determined. | In accordance with the Code of the Russian Federation on Administrative Offenses (Article 15.12), citizens who sell unlabeled products in small quantities are held administratively liable. The following sanctions are imposed for the sale of excise-free tobacco products:
The following sanctions are imposed for the sale of cigarettes without excise duty:
For the sale and circulation of cigarettes without excise tax, not only penalties are provided, but also the complete confiscation of smuggled goods . |
Rules for the sale of tobacco products
Article 19 of the Federal Law of February 23, 2013.
No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.” Restrictions on trade in tobacco products and tobacco products
1. Retail trade of tobacco products is carried out in stores and pavilions. For the purposes of this article, a store is understood as a building or part thereof, specially equipped, intended for the sale of goods and provision of services to customers and provided with trading, utility, administrative and amenity premises, as well as premises for receiving, storing goods and preparing them for sale, under the pavilion refers to a building that has a sales area and is designed for one workplace or several workplaces. 2. If there are no shops or pavilions in the locality, trade in tobacco products in other retail establishments or delivery trade in tobacco products is permitted. 3. Retail trade in tobacco products is prohibited in retail establishments not provided for in parts 1 and 2 of this article, at fairs, exhibitions, through delivery and peddle trade, by distance selling, using vending machines and other methods, with the exception of delivery trade in the case provided for part 2 of this article. 4. Retail trade in tobacco products with display and demonstration of tobacco products in a retail facility is prohibited, except as provided for in Part 5 of this article. 5. Information about tobacco products offered for retail trade is brought to the attention of buyers by the seller in accordance with the legislation of the Russian Federation on the protection of consumer rights by posting on the sales floor a list of tobacco products sold, the text of which is made in letters of the same size in black on a white background and which compiled in alphabetical order, indicating the price of tobacco products sold without using any graphics or drawings. Demonstration of tobacco products to the buyer in a retail establishment may be carried out at his request after familiarization with the list of tobacco products sold, taking into account the requirements of Article 20 of this Federal Law. 6. Retail trade in cigarettes containing less than or more than twenty pieces per unit of consumer packaging (pack), retail trade in cigarettes and cigarettes individually, tobacco products without consumer packaging, tobacco products packaged in the same consumer packaging with goods, are not allowed. non-tobacco products. 7. Retail trade in tobacco products is prohibited in the following places: 1) in territories and premises intended for the provision of educational services, services by cultural institutions, institutions of youth affairs bodies, services in the field of physical culture and sports, medical, rehabilitation and sanatorium-resort services, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in premises occupied by state authorities, local governments; 2) at a distance of less than one hundred meters in a straight line, excluding artificial and natural barriers, from the nearest point bordering the territory intended for the provision of educational services; 3) in the territories and premises (except for duty-free shops) of railway stations, bus stations, airports, seaports, river ports, metro stations intended for the provision of passenger transportation services, in premises intended for the provision of housing services, hotel services , services for temporary accommodation and (or) provision of temporary residence, personal services. 8. Wholesale and retail trade in nasvay and sucking tobacco (snus) is prohibited. Article 20. Federal Law of February 23, 2013 No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”
Prohibition of the sale of tobacco products to minors and minors, the consumption of tobacco by minors, as well as the involvement of children in the process of tobacco consumption
1. The sale of tobacco products to minors and minors, the involvement of children in the process of tobacco consumption by purchasing for them or transferring to them tobacco products or tobacco products, offering, demanding to use tobacco products or tobacco products in any way is prohibited. 2. If the person directly dispensing tobacco products (seller) has doubts about whether the person purchasing tobacco products (buyer) has reached the age of majority, the seller is obliged to request from the buyer an identification document (including an identification document of a foreign citizen or stateless persons in the Russian Federation) and allowing to establish the age of the buyer. The list of relevant documents is established by the federal executive body authorized by the Government of the Russian Federation. 3. The seller is obliged to refuse to sell tobacco products to the buyer if there are doubts about the buyer’s reaching the age of majority, and a document identifying the buyer and allowing to establish his age has not been presented. 4. Consumption of tobacco by minors is prohibited.
Article 14.53. Code of Administrative Offenses of the Russian Federation Failure to comply with restrictions and violation of prohibitions in the field of trade in tobacco products and tobacco products
- Failure to comply with restrictions on trade in tobacco products and tobacco products entails the imposition of an administrative fine:
- for citizens in the amount of two thousand to three thousand rubles;
- for officials - from five thousand to ten thousand rubles; - for legal entities - from thirty thousand to fifty thousand rubles. 2. Wholesale or retail sale of nasvay, sucking tobacco (snus) entails the imposition of an administrative fine: - on citizens in the amount of two thousand to four thousand rubles; - for officials - from seven thousand to twelve thousand rubles; - for legal entities - from forty thousand to sixty thousand rubles.
- Selling tobacco products or tobacco products to a minor shall entail the imposition of an administrative fine:
- for citizens in the amount of three thousand to five thousand rubles; - for officials - from thirty thousand to fifty thousand rubles; - for legal entities - from one hundred thousand to one hundred fifty thousand rubles.
Last news
Given that the law is relatively new and businesses are going through a fairly smooth, but nevertheless difficult, transition process, posts are constantly being published to help other entrepreneurs. So, according to the latest data:
The Ministry of Industry and Trade takes responsibility for transmitting information to the Ministry of Internal Affairs and Rospotrebnadzor about companies that sell products illegally:
- The Association of Companies engaged in retail sales has prepared a list of 270 organizations that, according to supposed information, sell goods without a DataMatrix marker.
- The number of representatives of the tobacco industry exceeded 105 thousand, who were assigned over 16 billion codes. The footwear industry has registered about 65,000 organizations that have received more than 2 billion identifiers.
- Starting from October 1, 2021, mandatory labeling of perfumery products and photographic equipment has been introduced. In just 7 days, more than 9 million items were added to the system and approved for introduction into circulation. Speaking of photographic equipment, about 65 thousand items entered the market;
- Starting from 08/01/2021, an experiment on barcoding of antiseptic products will start, which was initiated by the manufacturers themselves. The action is aimed at reducing the level of counterfeit goods.
- From June 1, the labeling process for ice cream and cheese will become mandatory. From September 1, the procedure was introduced for dairy products whose shelf life does not exceed 40 days. Starting from 12/01/21, labeling is required for the entire category and if it is not on the product, accordingly, this will be followed by the imposition of sanctions in the form of fines.
Number of impressions: 693
Control authorities are not asleep
Please note that supervisory authorities are now actively monitoring participants in the footwear trade for the presence of markings on products. What can they do if violations are discovered? For example, your products may be seized - and the entire batch at once - if it is discovered that they are counterfeit. According to media reports, counterfeit footwear products are found almost every day in various regions of Russia. And this applies to all scales of business. If 100 pairs of shoes are confiscated from someone (which is already a lot for a micro-business), then from larger stores they find and confiscate from a thousand to tens of thousands of pairs, which are valued at millions, or even tens of millions of rubles.
Not to mention that there are fines for the circulation of unmarked shoes. They are spelled out in Article 15.12 of the Code of Administrative Offenses of the Russian Federation.
