What checks Rospotrebnadzor?

Many businesses have to deal with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.Or, if simpler, Rospotrebnadzor.The Office may make an order, impose a fine.However, businesses have a chance to avoid possible sanctions from the authorities.As an entrepreneur, build a competent strategy of interaction with Rospotrebnadzor?

Powers Rospotrebnadzor

What are the powers of the agency?What checks Rospotrebnadzor?This body is based on the Regulation, signed by the Government of the Russian Federation in 2004.Its powers are wide enough.Here are the basics:

supervision over the observance of the legal rules relating to the categories of health;
control over implementation of regulations aimed at protecting the rights of consumers;
monitor the activities of entrepreneurs engaged in the sale of goods, works or services in compliance with the rules established by the legislation;
implementation of quarantine controls at the border of the Russian Federation;

monitoring the quality and safety of products purchased for public use (such as flour, bread, pasta), as well as to accommodate it to the state reserve;
monitor the quality of flour, bread and pasta, imported in the Russian Federation or exported from the country.

other sources of law regulating the work of departments - Administrative Regulations, which reflects aspects of the execution of Rospotrebnadzor state functions related to inspection activities of organizations, businesses and individuals for performance requirements of sanitary legislation and other legislation relating to the protection of consumer rightsas well as the rules present in the laws governing the sale of goods, works and services.This document is particularly interesting because it reflects the basic algorithms of inspections.The activity is also regulated by Rospotrebnadzor Federal Law "On protection of rights of legal entities and individual entrepreneurs", designed to help businesses realize their legitimate rights in audits of state and municipal bodies of control or supervision.

Who can check Rospotrebnadzor

What kind of companies may be subject to review by the department?Under the current provisions of the law, the right to declare the Federal Service on virtually any enterprise providing services to individuals.The legal form of business does not matter.Check Rospotrebnadzor can touch the SP, a small company or a large-scale of.Areas that may be of interest to the agency most likely to:

retail goods intended for personal use;
services (including, for example, credit, insurance, including but not limited - are taken into account all services, implying the emergence of consumer relations).

checks are initiated on the basis of a variety of criteria.Always available planned inspection of Rospotrebnadzor.There are, in turn, the likelihood that the agency inspectors visit will not be advertised in advance.The second option may be initiated, for example, a buyer or customer complaint.Later in the article we will examine the specific factors influencing the occurrence reason for the relevant inspection.

Reasons to check

first option that can be checked Rospotrebnadzor: the organization listed in the list of those to whom the agency is going to pay a visit on the plan.The corresponding document can be found on the body.As a rule, the planned visit of Rospotrebnadzor inspectors accompanied by first sending notice to the audited company.

In accordance with the law, the Federal Service may conduct scheduled inspections at intervals no more frequently than every three years.This necessarily approval of this type of procedure with prosecutors.Information about the fact that such a company are subject to review, as we have said above, should be posted on the site office.Or, alternatively, in the media.

Another thing - unscheduled inspections.As we said above, one of the reasons for their conduct may store customer complaints or customer of any service.As a rule, treatment of citizens is in the territorial structure of the agencies - the Federal Service for Moscow or St. Petersburg.But customer complaints are not the only factors that may affect the initiation of testing.There are some other good reason.For example, these:

expired, during which the organization or the entrepreneur must fulfill Rospotrebnadzor issued an order to eliminate the need for violation of the requirements that are defined at the level of the relevant legal acts;
the Office sent a statement to the other individual entrepreneurs, officials from the structures of the state or municipal authorities, and the Federal Service found their treatment accordingly its competence;
precedent occurred in the company related to the emergency situation of natural or man-made disasters, dangerous to the public.

note that those "relevant legal acts" may reflect both the federal and municipal legislation.If the city where the company is registered, that checks Rospotrebnadzor - St. Petersburg, in which case the control and supervision procedures will take into account the local laws of the northern capital.

unscheduled inspection should also be discussed with the prosecutor's office of the village.If the city, where it will be checked Rospotrebnadzor - St. Petersburg, the agreement should take place precisely with prosecutorial structures north of the capital.If the base has become an emergency, the agency enough to notify the appropriate law enforcement structure within days after an unscheduled inspection.

subject test

Suppose our company is going to pay a visit (as part of this procedure as a routine checkup) Rospotrebnadzor.What the inspectors checked more often?Attention of specialists can draw a fairly wide range of objects - floor space, light level, location relative to residential building blocks (if the business is located in such).The variant in which the inspectors do not like the fact that some of the entrances to the building are located in the immediate vicinity of the private apartments.Business Studies for violations, usually accompanied by the study also documents that, on the basis of legal regulations, the company must hold, and the subsequent imposition of the act.

Required documents

So, on the nose - check Rospotrebnadzor.What checked yet?As we have said, the staff member concerned may be mentioned department documents.What kind of?It depends on the profile of the organization.In most cases, the documents are a different kind of conclusion drawn sanitary-epidemiological service.Also, in some case can require registration of certificates of conformity for products sold or manufactured products.Among the papers that in some cases require the agency - a contract with a specialized company engaged in export of solid waste (in practice, however, such agreements are signed, usually the owner of the premises - if the owner rents a shop or office, it is enough to havea copy of the document).

inspectors can also check the expiration dates of products sold, it is located one relative to the other products, the temperature conditions of detention of products and other kind of regulations.If the entrepreneur has hired employees, the Rospotrebnadzor probably ask them to show designed health record (if the law requires them to have, based on the experts zaniaemoy post) and information about the medical examination.In many cases, the agency also checks the quality of workers' overalls.

important document - the program of production control.It should contain the key provisions reflecting the rules of operation of productive resources.For example, it is controlled by the light level in the room, the temperature in it, as is regularly washing clothes specialists.Experts believe that the document - one of those that most often prompts Rospotrebnadzor.Plan checks, compiled by the Office, may thus largely confined to monitoring the presence of businesses from the production control program.

Another important document - a register of disinfectants.Its peculiarity is that it is subject to pre-registration in the inspection department.That is, the company should arrange it in advance.The penalty for his absence rather impressive - 20 thousand. Rubles.

Penalties

main measure of response agencies of violations of sanitary companies and other legislation - penalties.At the same time they are given prescriptions, according to which the business is necessary to eliminate the violation.Rospotrebnadzor Fines can reach several hundred thousand.The principles set out in the definition of the Administrative Code.At the same time, the organization or the entrepreneur has the right to appeal the fines.

Response Strategy

What checks Rospotrebnadzor, we found out.At the same time it will be useful to study the sequence of actions, in case if the agency comes to our company with verification.What should be done at the time of the visit inspector?

should first be familiar with the contents of his or her identity (and similar documents of other employees - inspectors if more than one).If all goes well, it makes sense to ask to see the order of Rospotrebnadzor on holding the appropriate type of inspection.This kind of document should contain a number of mandatory details.Namely:

indication of what kind of territorial department of Rospotrebnadzor checks;
name officers who are duly authorized to perform inspections;
name experts and partner organizations, which are involved in the work of the inspectors Rospotrebnadzor;
company name or the name of an individual entrepreneur, for which the check is initiated;
information for verification purposes, its objectives, the direct object, and timing;
list of grounds for initiating the review by reference to the legal acts;
list of mandatory requirements established by law (including municipal), pursuant to which the company is subject to verification;
information about events that are associated with the control tasks to achieve the purpose of verification - the date and the list;
list of administrative regulations, the relevant test procedures and the type of control measures;
list of documents that the organization or individual entrepreneur should have in order to test targets have been achieved;
start date and checks its end.

Inspectors are also required to give a copy of the head of the organization of this order.It appropriate territorial department of Rospotrebnadzor has to put his stamp.

Nuances check

As we said above, the inspectors can verify a fairly wide range of elements of the production process.What other actions can make remarkable specialists departments?

If the inspectors in their work in the departmental interaction attracted sanitary inspectors, in this case, most likely, will be checked by those same conclusions issued sanitary-epidemiological services, as well as certificates of compliance.It all depends on the profile of the firm, as well as on the types of traded goods.In particular, that the products you want to certify on a mandatory basis, is reflected in the list that is registered in the Government Decree number 982 of December 1, 2009.According to some experts, the lack of relevant documents for traded goods - one of the most common disorders that reveal the Rospotrebnadzor inspectors.

Specialists agencies can also check your organization for compliance with SanPiN.Also, if we talk about the documents, the Federal Service may request the contract concluded between the business and the organization providing services and disinfestation.Besides specialists Epidemiology can check to what extent the provisions of the relevant agreements are implemented in practice.That is, to see, for example, whether indoor insects or rodents.

When not all actions are lawful

We discussed that checks Rospotrebnadzor, considered the nuances of appropriate supervisory actions.It will be useful to know what action the agency is not entitled to carry out.These include:

inspectors checking compliance with the requirements that are assigned to other departments, outside of its competence;
routine checks if the officials of the organization or their representatives, who should participate in the event, absent in the workplace;
demand documents, provision of information, samples of the goods if they are not included in the list of those that constitute the object of inspection;
seize documents that can not be attributed to the subject of control and supervisory activities;
require samples of goods or products in order to examine them in the order of examination is not issuing a properly constituted act on the appropriate sampling;
take samples of the goods in excess of the standards that are set in the relevant regulations;
violating commercial secrets, disclose information that are protected by the relevant provisions of the law if they received during the inspection (unless otherwise prescribed in the legislation).

What checks Rospotrebnadzor, and what are the limitations of its possible actions, we found out.The most important point - the documentation of information on supervisory activities carried out by the Office.Organizations and entrepreneurs must create a special log-book, designed by the firmware, numbering and stamped by the company, which is subject to fixation information reflecting the actions of the inspection agency.Every time comes for a visit Territorial Rospotrebnadzor, in this magazine you need to make the appropriate entries.They should contain the following information:

the name of the supervisory authority;
date, time of inspection;
legal basis of supervisory activities;
goals, objectives, audit;
subject conducted by the Office of the event;
list of violations;
information compiled by inspectors protocols and regulations.

The journal should also specify the name and position of the representatives of Rospotrebnadzor, which are directly involved in checking.They must also subscribe to the information reflected in the document in question.

Final documents

After Rospotrebnadzor will check, experts agencies to draw up a statement of the relevant event.It should reflect the results of supervisory procedures.

certificate is made in two copies.It should contain the following information:

date, time, address, drawing;
name structure Rospotrebnadzor, which conducted an audit;
date and the number of orders, according to which performed supervisory activity;
name and an indication of professional posts agencies who conducted the inspection;
the name of the audited entity, name of the manager or his representative present at the supervisory procedures (as well as similar types of information about an individual entrepreneur);
date, time, duration, the address of the inspection;
information on the results of supervisory activities of violations that Rospotrebnadzor experts were able to identify (lack of conformity legal acts, the people who made them, and so on. D.);