Scheduled inspection of Rospotrebnadzor: what do you need to know?

Whom Rospotrebnadzor checks regularly

In accordance with Part 1 of Art.
9 of the Law “On the Protection of Rights...” of December 26, 2008 No. 294-FZ Rospotrebnadzor can conduct scheduled inspections in relation to individual entrepreneurs and legal entities. Due to the spread of coronavirus infection in Russia, scheduled inspections in 2020 were canceled (clause 2 of the Decree of the Government of the Russian Federation “On the Features...” of 04/03/2020 No. 438). There is an exception to this rule: a scheduled inspection by Rospotrebnadzor for 2020 will come if the organization conducts activities with a high level of risk. You can check the company for compliance with this criterion using a special service.

What is controlled

What does Rospotrebnadzor check? Scheduled audits of the inspectorate are aimed at overseeing:

• Compliance with the law on the protection of customer rights;
• Sanitary and epidemiological standards;
• Carrying out certification of catering staff;
• Implementation of legislation in the field of energy saving.

As a result of considering a citizen’s appeal, the inspection examines:

• Legality of labor relations;
• Compliance with the qualification level of employees;
• Timely completion of a medical examination, availability of health certificates;
• Availability of product quality certificates;
• Operation of cash register equipment;
• Compliance of the quality of the product with the declared quality (samples);
• Visual inspection and measurements of the structure to confirm compliance with standards.

Rospotrebnadzor inspection plan

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The inspection plan is publicly available. For example, in Moscow you can download it from the Rospotrebnadzor website. Each region has its own plan - to find it, go to the website of the regional office of the department.

The availability of information included in the plan allows entrepreneurs to prepare in advance for the upcoming audit - to put documents in order, find weak points and eliminate them.

The plan contains the following information (Part 4, Article 9 of Federal Law No. 294):

• name of the organization being inspected;
• the purpose and grounds for conducting the inspection;
• the start date of the inspection and the timing of its implementation;
• name of the government agency that will conduct the inspection.

Results of Rospotrebnadzor inspections - what service employees usually check

The activities of Rospotrebnadzor are regulated by regulations approved by Decree of the Government of the Russian Federation dated June 30, 2005 No. 332. Rospotrebnadzor is authorized to carry out a wide range of functions and control activities, including:

• implementation of sanitary and epidemiological surveillance;
• record keeping;
• issuance of sanitary and epidemiological reports;
• sale of drinking water and food products;
• carrying out social and hygienic monitoring;
• transportation and storage of food and drinking water;
• control over compliance with the law on the protection of consumer rights;
• certification of workers involved in production.

In addition, if the order (order) contains a corresponding instruction, Rospotrebnadzor inspectors have the right to take samples and samples of products for the purpose of conducting research, measurements and tests.

What Rospotrebnadzor checks during a routine inspection

During a scheduled inspection, Rospotrebnadzor checks:

1. Documentation:

• company charter, certificate of registration, orders, instructions, journals, declarations, reports;
• reports of previous inspections;
• licenses and certificates;
• decisions on bringing to administrative responsibility.

1. Compliance with sanitary standards and rules: availability of sanitary books for workers, safety of premises, presence of markings on goods and semi-finished products.
2. Respect for consumer rights: availability of a book of complaints and suggestions, a designated consumer corner.

Results of Rospotrebnadzor inspections - possible results of the inspection

After the inspection is carried out, Rospotrebnadzor inspectors draw up an act in 2 copies, in the text of which a note must be made that the organization subjected to the inspection is familiar with the results of the inspection (or has refused to become familiar). This act may contain a comment from the company’s management about (dis)agreement with the results of the inspection or with any actions of Rospotrebnadzor inspectors

. If the inspection reveals violations at the company, the Rospotrebnadzor inspector has the right to:

• take the case to court, as a result of which the company's management may be sentenced to imprisonment (this can happen if it is discovered that the products manufactured at the enterprise threaten the health and lives of people);
• bring the management (entrepreneur) to administrative responsibility (most likely, the first time the punishment will be a warning);
• suspend the company's activities until the violation is eliminated;
• impose an administrative fine.

Check procedure

The scheduled inspection of Rospotrebnadzor takes place in the following order:

1. Three days before the start of the inspection, the inspector sends a notification to the organization about the upcoming visit.
2. On the appointed day, the inspector requests the necessary documents (if the inspection is documentary) or goes to the organization (if the inspection is on-site).
3. During the established inspection period, the inspector works with the materials provided to him.
4. Based on the results of the inspection, the inspector draws up a report, and if violations are identified, an order to eliminate them and to bring the official or the organization itself to administrative responsibility.

Types of checks

Rospotrebnadzor inspections come in several types:

1. Planned , carried out every 3 years on the basis of a schedule drawn up for the year. You can view the plan on the official website. It describes when, who and what will be checked. The entrepreneur will be informed about the start of a scheduled inspection at least three days before it begins. The notice may be sent by mail or delivered in person. In 2017-2018, small businesses were exempt from scheduled inspections. Exception: organizations in the fields of healthcare, education, and public events. The full list is in Law N 294-FZ. As for 2020, legislators, at the end of 2020, extended the period of “test holidays” for another two years, until December 31, 2020 (see Law No. 480-FZ of December 25, 2018). The exceptions remain the same.
2. Unscheduled. These include monitoring the implementation of instructions to eliminate violations and inspections based on complaints and other information from citizens. Not every request can be a reason for an unscheduled inspection. For example, an applicant will be refused if actual cases of violation are not indicated, or if they are reported anonymously. Moreover, an unscheduled inspection by Rospotrebnadzor must be approved by the prosecutor's office. The entrepreneur is informed about an unscheduled inspection one day before it begins (exception: food-related industries - an unscheduled inspection may come to them without warning). In emergency cases, when there is a threat to the health of people or animals, permission from the prosecutor's office and notification of the person being inspected are not required.
3. Visiting and documentary. Depending on whether the inspector will personally come to the enterprise, or will only request a package of documents for inspection.

Checklist for conducting a scheduled inspection

A checklist during a scheduled inspection of Rospotrebnadzor is a list of control questions to which the inspector must receive answers during the inspection (Part 11.1, Article 9 of Federal Law No. 294). The list is closed - the inspector does not have the right to request information not included in the checklist.

The checklist forms were approved by the order of Rospotrebnadzor “On approval...” dated September 18, 2017 No. 860. We recommend using them to prepare for the inspection - you will know what the inspector will pay attention to, and you will be able to eliminate violations (if any) yourself.

How to prepare for a Rospotrebnadzor inspection

In order to prepare for an inspection by Rospotrebnadzor, an organization needs to understand what exactly the inspector checks and in what order. Below are tips and tricks that will help you understand the inspection procedure and understand what points you should pay special attention to before the inspectors visit.

Tip #1. Assess the sanitary situation at the enterprise

It’s no secret that the first thing Rospotrebnadzor inspectors pay close attention to is the sanitary situation at the enterprise. The specific sanitary and epidemiological requirements applicable to an organization depend on the scope of activity of such an organization.

If the company operates in the catering industry, then before checking the company you should pay attention to the following points:

• ensuring the necessary ventilation of premises;
• compliance with expiration dates and food processing rules;
• compliance with food storage conditions (semi-finished products should be stored separately from finished products, clean dishes - separately from dirty ones, etc.);
• presence of hygienic coating on surfaces.

When preparing for a Rospotrebnadzor inspection at a retail outlet, first of all, pay attention to compliance with rules such as storage conditions for goods, including in warehouses.

Tip #2. Prepare documents for verification

Rospotrebnadzor inspectors also have the right to demand documents for inspection, so before the inspectors visit, make sure that you have the necessary documentation and are properly executed.

The TOP 3 documentary checks of Rospotrebnadzor are a sign, a consumer corner and a complaint book. In addition, inspectors may request for inspection:

• statutory documents;
• ownership of real estate;
• premises rental agreement;
• contracts with public utilities;
• license (if the activity is subject to licensing).

If the inspection is carried out in a catering organization, then Rospotrebnadzor may require contracts and documents confirming the supply of food products used to prepare dishes for subsequent sale.

Scheduled inspection period

The answer to the question, what is the maximum period for conducting a scheduled inspection of Rospotrebnadzor, is contained in Art. 13 Federal Law No. 294. As a general rule, the duration of the inspection cannot exceed 20 working days (the period can be increased by another 20 days if a complex study or examination is required). If the enterprise has separate divisions, the total inspection period cannot be more than 60 working days.

IMPORTANT! Small businesses cannot verify more than 50 hours per year, and micro businesses cannot verify more than 15 hours per year. In difficult cases, this period can be extended, but not more than another 50 and 15 hours, respectively.

Results

Rospotrebnadzor conducts scheduled inspections every three years (in some cases every two years).
The inspection is carried out according to checklists containing a closed list of questions - the inspector has no right to go beyond them. Based on the results of the inspection, a report is drawn up, and if violations are identified, an order is issued to eliminate them. You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.