Beer, as well as cider, poiret, mead and other beer-based drinks are alcoholic products. When selling beer, you must take into account the rules governing the sale of alcohol, but with some peculiarities. Are you interested in this line of business? Then read our article, in which we will talk about the most important issues when trading beer and beer drinks:

• can an individual entrepreneur sell beer;
• Do you need a license to sell beer?
• what restrictions exist on the sale of beer;
• Do beer sellers need to connect to EGAIS?
• when you don’t need a cash register when selling beer;
• what OKVED codes to choose for selling beer;
• What kind of reporting on sales volumes must be submitted?

Can an individual entrepreneur start selling beer?

Let us answer right away that individual entrepreneurs have the right to sell beer. Why does this question even arise? Are there any prohibitions on the sale of alcohol related to the legal form of the seller (individual entrepreneur or LLC)? There really is such a ban; it is established by Article 16 of Law No. 171-FZ of November 22, 1995.

According to it, only organizations are allowed to sell strong alcohol. Why this is so is not explained, but the fact remains that only legal entities have the right to trade in strong alcoholic drinks and wines. An exception is made only for individual entrepreneurs - agricultural producers who sell wines and champagne of their own production.

Regarding the sale of beer, the same article states that “Retail sales of beer and beer drinks, cider, poiret, mead are carried out by organizations and individual entrepreneurs.” Please note - this is a retail sale! The fact is that there is also a provision in Article 11 of Law No. 171-FZ, and it allows the wholesale trade of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and beer-based drinks only at retail. And in order to produce and sell beer without restrictions, you need to register a company.

Do I need a license to sell beer?

But here everything is simple - a license to sell beer is not required. Again we read Law No. 171-FZ, Article 18 on the issuance: “... with the exception of the production and circulation of beer and beer drinks, cider, poire, mead.” So, selling beer without a license in 2019 does not threaten anything, no sanctions are provided for this. True, certain restrictions and requirements for organizing the sale of beer still exist, and we will talk about them further.

Terms of sale of beer

This is perhaps the most important information that you should familiarize yourself with before organizing a beer trade. Considering that beer is an alcoholic drink, it is clear that it should not be available at any place and time.

Beer alcoholism develops quickly and unnoticed, which is especially dangerous for children and women. And if for beer traders large sales volumes mean profit, then buyers of the foamy drink pay for their excessive consumption with their health. We must be understanding of the prohibitions established in Article 16 of Law No. 171-FZ; ultimately, they act for the benefit of the entire society.

• children's, educational and medical institutions;
• sports and cultural facilities;
• public transport of all types and its stops;
• markets, train stations, airports and other places of mass gathering of citizens (with the exception of catering establishments);
• military facilities.

2. Beer can only be sold in stationary retail establishments, so the building must have a foundation and be entered in the real estate register. That is, temporary structures such as stalls and kiosks are not suitable for selling beer, with the exception of catering establishments. As for the area of ​​a retail facility, if, in addition to beer, strong alcohol is sold, then the following restrictions apply:

• not less than 50 sq. m. in cities
• at least 25 sq. m. in rural areas.

When selling only beer, there are no space restrictions.

3. Beer sales hours are limited to the period from 8 a.m. to 11 p.m., except for public catering outlets.

• seller - from 30 to 50 thousand rubles;
• official (individual entrepreneur or head of an organization) - from 100 to 200 thousand rubles;
• legal entity - from 300 to 500 thousand rubles;

If there is any doubt about the buyer's age, the seller must request identification. In addition, selling beer to minors may result in criminal liability. Please note that police often conduct control raids involving young people in order to provoke such illegal sales. It's better to play it safe and ask for a passport, even if the buyer looks old enough.

5. From January 1, 2017, the production and wholesale trade is prohibited, and from July 1, 2017, the retail sale of beer bottled in plastic containers with a volume of more than 1.5 liters is prohibited. Fines for violation: from 100 to 200 thousand rubles for individual entrepreneurs and from 300 to 500 thousand rubles for legal entities.

6. Additional restrictions on the sale of beer may be established by local authorities. Thus, in many municipalities the sale of beer is prohibited in retail outlets located in multi-apartment residential buildings. We recommend that before you start selling beer, you find out all the rules from the local administration or the Federal Tax Service.

EGAIS - beer sales

EGAIS is a state system for monitoring the production and circulation of alcohol. Is EGAIS needed to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sale are required to connect to the system only to confirm purchases of wholesale quantities from legal manufacturers and suppliers.

To connect to EGAIS, you need to obtain a special electronic signature and register on the official website of Rosalkogolregulirovanie. We talked in detail about how to do this. After registering in the system, the buyer receives his identification number (ID), and the supplier issues invoices for him, reflecting them in the Unified State Automated Information System. After the consignment of goods is accepted by the buyer, the supplier writes off the delivered products from its balances in the Unified State Automated Information System, and it is recorded for the buyer.

Confirmation of the fact of sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, so trade in beer through EGAIS is easier to register than other alcoholic beverages. The main thing here is to confirm that the wholesale batch of beer was purchased legally.

Please note that selling beer without a cash register is punishable separately under Article 14.5 of the Code of Administrative Offenses of the Russian Federation:

• for individual entrepreneurs and heads of organizations - from ¼ to ½ of the settlement amount, but not less than 10,000 rubles;
• for organizations - from ¾ to the full amount of the settlement amount, but not less than 30,000 rubles.

New OKVED codes for beer trade

Please note that when registering individual entrepreneurs and LLCs, only the classifier is used. To indicate activities related to beer trade, use the new 2019 OKVED codes.

For wholesale beer trade:

• 46.34.2: Wholesale trade in alcoholic beverages, including beer and food grade ethyl alcohol;
• 46.34.23: Wholesale trade in beer;
• 46.17.23: Activities of agents in the wholesale trade of beer.

For beer retail:

• 47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
• 47.25.12: Retail sale of beer in specialized stores.
• 47.11.2: Retail trade of non-frozen products, including drinks and tobacco products, in non-specialized stores;

For selling beer in public catering:

• 56.30: activities of bars, taverns, cocktail lounges, discos and dance floors (with predominant service of drinks), beer bars, buffets, herbal bars, drinks vending machines.

Important: if you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes; the Federal Tax Service will independently correlate your old and new OKVED codes entered in the registers.

But if you decide to start selling beer after mid-2016, and the corresponding codes were not entered immediately upon registration, then you must report the new type of activity using forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Reporting on beer sales

From January 1, 2016, sellers of alcoholic beverages, including beer, are required to keep a log of retail sales. The form of the journal and the procedure for filling it out are approved by Order No. 164 of Rosalkogolregulirovanie dated June 19, 2015.

The log must be filled out daily, no later than the next day after the sale of each container or package of alcohol, including beer. At the end of each day, fill in sales data: name, product type code, volume and quantity. This is what a sample journal looks like, posted on the website of the state organization FSUE "CenterInform", which issues an electronic signature for connecting to the Unified State Automated Information System.

For the absence of a journal or its incorrect maintenance, a fine is imposed - from 10 to 15 thousand rubles for individual entrepreneurs and from 150 to 200 thousand rubles for organizations.

In addition, based on the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), it is necessary to submit a declaration on beer turnover to the Rosalkogolregulirovanie in form No. 12. The declaration form and the rules for filling it out were approved by the Government Resolution dated August 9, 2012 No. 815.

Let's summarize:

1. Not only organizations, but also individual entrepreneurs can sell beer, however, only retail trade for final consumption is allowed for them.
2. A license to sell beer is not required.
3. Take into account the legal restrictions on place, time and range of customers when selling beer.
4. It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS, so you must register on the Rosalkogolregulirovanie website. After this, the system will need to confirm the fact of purchasing a batch each time and reflect the remaining product.
5. From March 31, 2017, the sale of beer, including in public catering, is possible only with the use of a cash register, regardless of the tax regime.
6. Since July 11, 2016, only OKVED-2 is used for registration purposes. Indicate OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
7. Keep a record book for alcohol retail and submit beer sales declarations in a timely manner.

In this article:

Beer is a barley-malt drink with a hop aroma, pleasant bitterness, and the ability to foam when poured. Thanks to its unique taste and thirst-quenching effect, the intoxicating drink is in high demand among the population. And therefore, very tough competition has formed in the beer production market. But, despite this, an enterprising businessman who decides to open a brewery will always be able to organize a profitable and promising business.

Starting your own business does not necessarily require large investments. However, to carry out this activity it is necessary to obtain a range of permits and certificates. Administrative barriers are quite difficult to overcome, especially for a beginning entrepreneur. Therefore, further we will consider the features of registration of permits.

How to put a microbrewery into operation

In order to put a mini-brewery into operation, you must obtain the following documents for beer production:

1. Permits from the SEZ and fire inspection, State Energy Supervision;
2. Licensing beer production and visiting the State Tax Inspectorate department. A business involving the production and sale of beer is not subject to licensing. However, the government has issued a new decree, which implies that beer production at the federal level is subject to licensing. To obtain a license, you must write a request to the tax office. A beer production license is issued within three months.
3. Hygienic certificate in sanitary and epidemiological supervision. The document is issued only after a hygienic assessment of the product. The procedure can last for 2 months.

Beginning entrepreneurs should know that beer is an excisable product, which is subject to an additional tax of 15%.

However, the administrations of some regions have created a law on beer production “On state regulation of the production of ethyl alcohol and alcoholic products,” which assumes that each liter of intoxicating drink is subject to a fee of 300-400 rubles.

Technological process for the production of intoxicating drink

The hardware flow chart for beer production is shown in the photo below.

The technological process includes the following main stages of beer production:

1. Preparation of beer wort - preparing malt for beer production, that is, weighing the required amount of product and grinding it. Next, pour water into the mash-wort brewer and add crushed malt.

Then the malt is mashed, which can be done in two ways:

• infusion method;
• by decoction method.

The sugared mash is moved to filtration apparatus, in which its division is carried out. After filtering the first wort, the grain is washed with water.

Traditional technology involves boiling beer wort with hops for 1.5-2 hours and cooling it to a temperature of 6-70 °C. 2.

2. Fermentation of beer wort - carried out in a fermentation apparatus with the addition of brewer's yeast.

3. Beer aging – occurs in hermetically sealed metal tanks for 11-100 days. The fermentation temperature and duration of the process depend on the type of beer. As a result of aging, beer becomes stronger, lighter and saturated with carbon dioxide.

4. After organoleptic, laboratory and technochemical control is completed, beer is bottled. Automation of beer production allows bottling of the intoxicating drink on special lines.

Beer production equipment

Before you start purchasing equipment, you need to determine the capacity of the future enterprise:

• Beer production plant, with a capacity of 50-500 liters - a mini beer production plant;
• A plant producing 500-15,000 liters of beer is a mini-brewery;
• The plant, with a capacity of over 15 thousand liters, is an industrial giant. Mini-breweries use the top fermentation method. As a result of this method, the intoxicating drink is infused in a container, and the duration of the production process is reduced.

Minibreweries adhere to a technological process based on bottom fermentation method. As a result of this technology, a higher quality intoxicated drink is obtained. There is also a technological instruction developed by the research and production association, which considers the features of each production process.

In order to organize the production of draft beer, the following list of equipment is required:

• malt crusher;
• filtration apparatus;
• pump for mash, wort and hot water;
• mash and wort brewer;
• heat exchanger;
• water heating apparatus;
• pumps for young and finished beer;
• electric steam generator;
• fermentation tanks;
• hydrocyclone apparatus;
• refrigeration unit equipped with an ice maker;
• dispensing containers;
• yeast vats;
• control panel.

The beer production line may include another set of equipment. The list of equipment depends on the type of beer being produced, the name of the manufacturer, the type of malt and the features of the technology.

Business plan for a microbrewery

1. Purchase of raw materials and supplies

In order to purchase raw materials for beer production, you can consider the following purchase options::

• Buy malt from abroad. This type of acquisition of raw materials is beneficial when large volumes are purchased.
• Buy malt from leading equipment suppliers or on the domestic market of the country.

The beer recipe determines the choice of raw materials for the production of the intoxicating drink. Any type of drink is brewed from yeast, malt, hops, and water. However, there are various methods for producing special types of beer, in which the composition of the intoxicating drink can be modified.

The beer production process involves making malt. Malt production– a profitable type of business that accompanies brewing. If a novice entrepreneur wants to buy malt, then he needs to know that 50 tons of German malt are sold at a price of 0.55 USD. per kilogram. This raw material can only be purchased in large quantities, over 50 tons.

Yeast for beer production can be purchased at a brewery or from a private brewer. It is more rational to buy yeast from a large enterprise; as a rule, it is of higher quality.

To date, the following prices have been established for raw materials:

• Water – 1 cu. m. - about 11 rubles;
• Sewerage – 1 cubic. m – 9 rubles;
• Malt – 1 kg – 8-9 rubles;
• Hops – 1 kg – 86 rubles;
• Yeast – 1 kg – 200 rubles;
• Electricity - kW/h - 0,500 rubles.

By drawing up a material balance for beer production and carrying out product calculations, you can determine the consumption of raw materials.

2. Purchase of equipment

To organize a mini-brewery with a capacity of 1000 liters of beer per day, you can purchase a set of equipment supplied by the Miass Machine-Building Plant, the cost of which is about 54 thousand US dollars. To purchase auxiliary equipment, 200 thousand rubles are needed.

Imported equipment for beer production, the price of which can fluctuate in the price range of 300-700 thousand USD, is not advisable and economically ineffective to buy at the initial stages of production. However, an imported beer production line can increase the productivity of a mini-brewery and improve the properties of the intoxicating drink. Therefore, it is cost-effective to buy such equipment when the enterprise’s activities generate regular income and to gain competitive advantages.

3. Preparing the premises for a brewery

Preparing the premises– one of the main problems for private business leaders. In order to organize beer production and a business based on the commissioning of a mini-brewery, you can rent or buy premises. To accommodate a set of equipment, you need a room with a total area of ​​more than 150 square meters. m. Due to the dimensions of the equipment, it can be assumed that the beer production workshop will occupy about 100 sq. m. m, for a warehouse you need 35 sq. m, for office – 15 sq. m. Monthly costs for renting the premises will be about 25 thousand rubles.

4. Staff

To organize a mini-brewery you need about 10 specialists, among whom will be a director, a cleaner, 4 specialists engaged in primary and auxiliary production, an accountant-cashier, 2 brewers, and a forwarding driver. The monthly wage fund will be 250 thousand rubles.

5. Total costs of beer production

The total cost of organizing a brewery will be 3 million rubles.

6. Income from activities and calculation of economic indicators

In order to calculate the income from the commissioning of a mini-brewery, it is necessary to record beer production on a daily basis. If beer is bottled at an enterprise, then their number and capacity are taken into account; if in kegs, the capacity and number of kegs are taken into account.

The monthly income of the mini-brewery will be 200 thousand rubles, and the income for the year after tax will be 2 million rubles. The payback period for a mini-brewery is 1.5 years. A short payback period and high income indicate that brewing is a profitable type of business.

Commercial alcohol production seems like a dark forest. Some excise taxes, EGAIS, reporting, but do you need a license? What if you just want to put on an apron and brew craft beer? Doctor Guber produces brewing equipment for home and commercial use and will tell you how to start your own brewery.

Is it possible to brew beer in the kitchen?

First, let's look at a few key points to clarify the situation:

1. You cannot make beer on a commercial basis using homemade equipment. The equipment must have a quality certificate.
2. You cannot brew beer for sale at home or in a garage, because you can only engage in commercial activities in non-residential buildings.
3. A license to produce beer is not required. You will only need it if you decide to produce something stronger.

What documents are needed?

The main law that regulates the production of beer and strong alcohol is Federal Law No. 171 “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products.” All links to laws, instructions and sample documents will be at the end of the article, so read without distraction.

To open and launch beer production, you need the following procedures and documents:

1) Choice of legal form. To open a brewery, you need to register your LLC. Individual entrepreneurs can sell beer, but not produce it. In Article 11, paragraph 1, we read: “the production and circulation of alcoholic (with the exception of retail sales of beer and beer drinks, cider, poiret, mead) and alcohol-containing food products are carried out by organizations.” That is, first you need to open your own LLC. Article 11 paragraph 1.

Attention: when registering an LLC, you must indicate the appropriate OKVED codes that allow you to brew beer. You can choose as many codes as you like, so take them with reserve.

2) Documents for registering the brewery. The equipment you work on must be properly manufactured and registered, otherwise it is simply impossible to register the brewery. The brewery must have serial numbers. A set of documents is also required: declaration, test report, specifications and equipment passport. These documents are provided by the equipment manufacturer.

3) Calculation of the power of the main technological equipment. The calculation is necessary so that Rosalkogolregulirovanie (RAR) can understand whether it is necessary to install meters on your equipment. If your equipment allows you to produce more than 300 thousand deciliters per year, you will have to install meters. The calculation is submitted to the RAR in written and electronic form. The answer is within 30 days.

4) Application for the start of activities for the production of food products. Beer, beer-based drinks, cider, poiret, mead are alcoholic products. Therefore, if you want to produce them, you need to notify the RAR.

5) Declaration of conformity for the beer produced. This document confirms that you produce beer and that drinking it is safe for health. The declaration includes TU (technical conditions) and TI (technological instructions) drawn up by the brewery’s chief technologist, as well as analyzes confirming the safety of the product. You can obtain a declaration privately by contacting one of the accredited declaration and certification centers.

6) Connection to EGAIS. EGAIS takes into account all beer produced and sold, which should exclude counterfeit products from circulation. To connect to the system you will need:

• Computer with Internet connection
• UTM (universal transport module) EGAIS is a program that is required to transfer data to the Rosalkogolregulirovaniye server about your purchases and sales
• JaCarta crypto key is a unique electronic key that is necessary to work with the system. Purchasing a crypto key is the first step to connect to EGAIS.
• Goods accounting program
• Enhanced electronic signature - recording on a crypto-key issued by EGAIS.

Installation of specialized equipment is the competence of EGAIS employees.

A brewery employee who will use the EGAIS system must undergo mandatory training in one of the certified organizations. Training can be completed either face-to-face or remotely.

7) Notification to the SES and fire inspectorate. Since beer is a food product, the SES must ensure that production complies with sanitary standards. Your premises must be “accepted” by the district fire inspectorate. It is necessary to notify her about the start of work and agree on a project that will indicate emergency exits, the location of fire extinguishers and a pressure tap, etc.

8) Production control program. This is a fairly formal document that shows that you really know how to do your job. The production control program includes:

• List of controlled stages and parameters of technological processes.
• Frequency of production control, list of its activities and responsible persons.
• Schedules and regimes of sanitary treatment, cleaning, disinfection work, disinfestation and deratization of production premises, equipment and inventory.
• Schedules and modes of maintenance of equipment and inventory.
• Measures to prevent and identify violations in the organization and implementation of production processes.

So, briefly about how to open a brewery:

1. Register an LLC;
2. Own the equipment, obtain a quality declaration for beer;
3. Buy or rent premises for at least 1 year;
4. Submit power calculation to RAR;
5. Connect to EGAIS;
6. Notify the SES and fire inspectorate;
7. Submit an application to begin activities for the production of food products and a notification of the beginning of turnover on the territory of the Russian Federation.

In the following articles, “Doctor Guber” will tell you what equipment you can start with and what kind of beer to brew in production.

Manufacturers and sellers of beer, as well as other malt drinks, will have to obtain licenses. On behalf of Deputy Prime Minister Alexander Khloponin, the Ministry of Finance will record these measures in the “road map” for the development of the industry, according to the protocol of the government commission (available to Izvestia). The state is strengthening control over the beer market, which will lead to the departure of “gray” companies from it.

To produce and sell beer and beer drinks, you will need a license - Deputy Prime Minister Alexander Khloponin ordered the development of this norm to be included in the new “road map” for the development of the industry. This was stated in the protocol following the meeting of the government commission at the end of 2017. A draft of a new “road map” for 2018–2019 has already been prepared by the Ministry of Finance (Izvestia also has it). It follows from the document that a report to the government on strengthening control over beer products will be ready in the second quarter of 2018.

Facts of illegal production and trafficking of beer and beer drinks are systematically revealed. Less than a quarter of beer producers are members of the EGAIS (330 out of 1.4 thousand manufacturers). An analysis of the reporting of benefit brewers shows discrepancies between the declared shipment volumes and the products purchased and sold at retail, Natalya Platonova, press secretary of Alexander Khloponin, told Izvestia.

Currently, the production and retail sales of beer and its derivatives do not need to be licensed. The industry is monitored by Rosalkogolregulirovanie (RAR) using the state accounting system EGAIS in production. Retail chains declare retail sales volumes.

Natalya Platonova recalled that all retail sales of beer are exempt from the Unified State Automated Information System, control over sales is carried out only within the framework of declarations. At the same time, the reporting discipline of brewers remains extremely low. Manufacturers often do not provide information about the sale of beer and beer drinks. This is especially true for 112 thousand individual entrepreneurs - up to 30% of them do not submit declarations on product sales. According to the Administrative Code, the punishment for legal entities for such a violation is up to 100 thousand rubles, and for individual entrepreneurs - up to 10 thousand rubles.

Retail sales of beer, according to RAP, increased in 2017 by 12.1%, beer drinks - by 9.8% (in total, their sales amounted to 742 million deciliters). The excise tax rate on these products increased by 5% over the past year. Taking into account the increase in sales volume and excise tax rate, revenues to the treasury from the tax should have increased by a proportional amount. But this did not happen. According to the Federal Tax Service, 150.2 billion rubles were transferred to the budget from excise taxes on beer and its derivatives, which is only 1.3% higher than the 2016 figure. From this we can conclude that there are a number of producers on the market who do not pay taxes on alcohol. In 2016, in a similar situation, the RAR concluded that there was a shadow sector, which officials estimated at a third of the total volume of the beer market. The service has not yet provided similar estimates for 2017.

Director for Legal Affairs and Corporate Relations at SUN InBev Oraz Durdyev does not consider licensing to be an effective and necessary tool for regulating the industry.

Baltika noted that the innovation will create new administrative barriers and lead to additional costs for business and, as a result, an increase in product costs.

This will lead to an even greater shift in demand towards strong drinks, a company representative warned.

The Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Economic Development and the RAR did not answer Izvestia’s questions about how the implementation of the proposal to introduce licensing could affect the market and how it would affect product prices in stores. The Association of Retail Trade Companies (which unites the largest federal retailers) declined to comment on this matter.

Licensing always results in additional costs for the manufacturer, which leads to higher prices for products, since manufacturers pass on part of the costs to buyers. The price will also be affected by a reduction in supply from brewers. Small factories are unlikely to operate under the new rules, which will result in significant costs for them both for the license itself and for paying excise duty.

In 2010, beer was equated to alcoholic beverages at the legislative level. According to Federal Law No. 171-FZ (as amended on November 2, 2013), the production of alcoholic beverages is subject to licensing. At the moment, the production of beer and beer drinks is not regulated; deputies of the State Duma are considering a bill on licensing, which may be mandatory from July 1, 2014.

Experts of the legal company "Red Alert" have extensive experience in providing services for obtaining licenses for the production of alcoholic beverages in Moscow and other cities of the Central Federal District. This refers to the formation of the necessary package of documents, the provision of recommendations regarding the elimination of inconsistencies before the inspection of the enterprise by the inspecting authorities and the presence of the necessary specialists in the staff of the production enterprise. A beer production license is issued by the Federal Alcohol Regulatory Authority (RAR).

What conditions must be observed by the future owner of the beer production license?

Among the mandatory conditions of the chief controller responsible for quality and safety in the production and wholesale distribution of alcohol - PAR, which the enterprise’s specialists must comply with, are the following:

• . produce goods in strict accordance with current requirements regarding production technology.
• . subject to strict quality control of manufactured products.
• . seize and destroy substandard products if any are discovered.

Four reasons choose us

What types of licenses are required to sell manufactured products?

The Red Alert company specializes in licensing various types of activities, including the production and circulation of alcohol and alcohol-containing products. The cost of our services is favorable and affordable for many applicants.

What violations are most often detected?

As practice shows, scheduled inspections in the vast majority of cases reveal the following violations committed during the activities of an individual entrepreneur or legal entity:

• . violation of sanitary rules;
• . sale of products or provision of services that do not meet the requirements established for them;
• . providing customers with false information about goods and services;

All these and other violations are included in the inspection report along with recommended measures to eliminate them as quickly as possible. As a rule, if any violation is detected, the license is suspended, and the license itself is canceled by a court decision.

Unscheduled inspection

An unscheduled inspection, just like one planned in advance, is carried out to identify violations in the activities of the organization. State control authorities carry out all the necessary measures to ensure that the goods sold or services provided fully comply with all established requirements, and the process of their production does not harm the environment and does not infringe on the rights of consumers.

An unscheduled inspection can be carried out in a documentary way. In this case, all registration and permit papers are seized and analyzed. All documents accompanying the company’s activities are also studied. In addition, on-site inspections are carried out quite often, during which representatives of control authorities assess the organization’s compliance with established standards and requirements.

Grounds for unscheduled inspections

An unscheduled inspection can be carried out in the following situations:

• . receiving information from state or municipal control authorities that the organization’s activities are carried out with violations, that it poses a threat to the life and health of citizens;
• . the presence of complaints about violations of consumer rights from citizens;
• . identification of numerous violations during a scheduled inspection. In this case, unscheduled audit activities are aimed at ensuring that all requirements for eliminating the detected problems are met.

Timing of the inspection

Current legislation does not establish any requirements for the frequency of unscheduled inspections. They can be carried out whenever there are sufficient grounds described above. This is especially true for organizations operating in public catering and others.

An unscheduled inspection cannot last more than 20 working days. This is a fairly strict legal requirement. While scheduled on-site audits can be extended for an almost unlimited period, audits carried out outside of any pre-determined schedules are subject to clear deadlines.

What violations are most often detected?

An unscheduled inspection is carried out upon a signal of violations, therefore, first of all, those types of activities about which a complaint was received are checked. However, during the ongoing activities, other violations may be identified. These include:

• . refusal to issue the buyer a sales receipt or any other document confirming payment for a product or service;
• . sale of low-quality products;
• . sale of goods without providing the consumer with information about the manufacturer, country of origin, composition;
• . misleading buyers about goods or services.

Based on the results of an unscheduled inspection and confirmation of information about violations, a legal entity may be subject to penalties. Also, their activities may be temporarily suspended for a period determined by current legislation.

Control over the use of beer production equipment in 2019

As you know, a license to produce beer today is not needed, although it belongs to alcoholic beverages. However, recent changes to the current legislation, which have come into force since the beginning of 2019, actually introduce a mechanism similar to licensing. Now each manufacturer is obliged to provide the authorized bodies with a calculation of the production capacity of the equipment used in the production of beer and obtain the appropriate permission to operate it.

Decision on the admissibility of using equipment for beer production in 2019

Controlling authorities are given the authority to determine the form for calculating production capacity. In addition, they are the ones who issue a decision on the permissibility of using equipment, which will act as permitting documentation. It applies to both beer and any other alcoholic beverages based on it.

The manufacturer is also obliged to notify the authorized body about the acquisition of new equipment that increases production capacity. Before the start of operation, if the established power threshold is exceeded, the installation of automatic means of accounting for the finished product is required.

If violations are detected, the decision on the admissibility of using the equipment may be canceled by the authorized body. Also, the document ceases to be valid if the company producing beer is closed.

Organizations engaged in the production of beer and beer drinks, cider, poiret, mead and having basic technological equipment for the production of beer and beer drinks, cider, poiret, mead with a production capacity of no more than 300 thousand decalitres per year, submit to the federal body authorized by the Government of the Russian Federation executive power calculation of production capacity for this equipment.

The procedure for drawing up production capacity calculations and its form are established by the federal executive body authorized by the Government of the Russian Federation.

The federal executive body authorized by the Government of the Russian Federation reviews the submitted calculation of production capacity within 30 days from the date of its receipt. These organizations submit this calculation in writing or in the form of electronic documents.

The federal executive body authorized by the Government of the Russian Federation, before making a decision on the admissibility or inadmissibility of using the main technological equipment for the production of beer and beer drinks, cider, poire, mead without being equipped with automatic means of measuring and recording the volume of finished products, conducts an inspection of this equipment in order to establish the reliability of the calculation production capacity represented by these organizations.

If unreliable information is identified in the submitted calculation of production capacity, indicating an excess of the production capacity specified in paragraph four of paragraph 2 of Article 8 of this Federal Law, a discrepancy is identified between the presented calculation of production capacity and the procedure for drawing up the calculation of production capacity and its form, established by the federal executive body authorized on control and supervision in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, identifying non-compliance of the main technological equipment with the requirements of paragraph 1, paragraph eight of paragraph 2 (in terms of the obligation to record the turnover of beer, beer drinks, cider, poiret, mead), paragraph one paragraph 6 of Article 8 of this Federal Law, the absence of technical documents (technical conditions, technological instructions, recipes and others) in accordance with which the production of beer, beer drinks, cider, poire, mead is carried out taking into account the requirements of Article 2 of this Federal Law, the federal body of the executive branch, authorized for control and supervision in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, makes a decision on the inadmissibility of using basic technological equipment for the production of beer, beer drinks, cider, poiret, mead without being equipped with automatic means of measuring and recording the volume of finished product products.

(as amended by Federal Law dated July 3, 2016 N 261-FZ)

The use of basic technological equipment for the production of beer and beer drinks, cider, poire, mead without equipment with automatic means of measuring and recording the volume of finished products is permitted after 35 days after submission to the federal executive body authorized by the Government of the Russian Federation of production capacity calculations in the manner established by this clause, provided that there is no decision specified in paragraph five of this clause, or before the expiration of 35 days, provided that the federal executive body authorized by the Government of the Russian Federation has made a decision on the admissibility of using this equipment without being equipped with automatic means of measuring and recording the volume of finished products. The decision on the admissibility or inadmissibility of using basic technological equipment for the production of beer and beer drinks, cider, poire, mead without automatic means of measuring and recording the volume of finished products is sent in writing to the specified organizations within three days after its adoption. If the calculation of production capacity is presented in the form of an electronic document, the decision on the admissibility or inadmissibility of using this equipment without being equipped with automatic means of measuring and recording the volume of finished products is sent in the form of an electronic document to the specified organizations. In the event of the acquisition of basic technological equipment for the production of beer and beer drinks, cider, poire, mead, the installation of which will entail an excess of the production capacity provided for in paragraphs three and four of paragraph 2 of Article 8 of this Federal Law, organizations producing beer and beer drinks, cider, poire, mead, within ten days from the date of purchase of this equipment, notify the federal executive body authorized by the Government of the Russian Federation about this. These organizations equip the main technological equipment for the production of beer and beer drinks, cider, poiret, mead with automatic means of measuring and recording the volume of finished products before installing this equipment. (as amended by Federal Law dated June 29, 2015 N 182-FZ)

The decision on the permissibility of using the main technological equipment for the production of beer, beer drinks, cider, poire, mead is canceled by a decision of the federal executive body authorized to control and supervise the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, in the event of termination of activity ( liquidation) of an organization, exceeding the production capacity specified in paragraph four of paragraph 2 of Article 8 of this Federal Law. (paragraph introduced by Federal Law dated July 3, 2016 N 261-FZ)

The cost of services for preparing an enterprise to obtain such a decision in 2019 will be from 500 thousand rubles.

List of documents (beer inspection):

1. Certificate of registration of the organization with the tax authority
2. Certificate of registration of legal entity. Persons
3. Order on the assumption of office by the general. Directors - 2 copies.
4. Decision on the appointment of the General Director - 2 copies.
5. Charter
6. The decision to create the Company
7. Regulatory documentation for the product (technological instructions, recipes, technical specifications, etc.) - 2 copies.
8. Certificates for equipment (cooking unit, tank equipment, filtration equipment, heat exchange equipment, water treatment equipment, bottling equipment).
9. For CCT, fermentation/fermentation tanks and bottling - 2 copies.
10. Equipment purchase and sale agreement (with specifications), payment orders, invoices, acceptance certificates - 2 copies.
11. Turnover balance sheet (01 account) - 2 copies. (as of the day of the inspection or the month in which the inspection is carried out)
12. Acts in form OS-1 (act of acceptance of transfer), inventory cards in form OS-6.
13. Certificates or declarations of conformity of equipment (cooking unit, tank equipment, filtration equipment, heat exchange equipment, water treatment equipment, bottling equipment) - 2 copies.

Samples of alcohol licenses