Requirements for the sale of alcoholic products. Rules for the retail trade of alcoholic products in the territory of the Russian Federation

The procedure and rules for the sale of alcohol are constantly changing and supplemented.

The latest innovations have taken place since the beginning of January 2018.

The new rules are primarily aimed at combating suppliers and sellers of counterfeit alcoholic products and protecting buyers.

How to be sure that you bought high-quality alcohol? How to avoid becoming a victim of a scam? We will try to answer these and many other questions.

Law on the sale of alcohol

The procedure for the circulation of alcoholic products is regulated by No. 171-FZ "On the regulation of the circulation and production of epilogue alcohol, alcoholic and alcohol-containing products."

For more than 10 years, a special EGAIS system has been operating to control alcohol sales.. This abbreviation stands for Unified State Automated Information System.

The purpose of EGAIS is to exercise strict control over the circulation of alcoholic products. In practice, this means that entrepreneurs who sell alcohol at retail are obliged to provide information about themselves to the EGAIS system.

Moreover, every purchase of an alcoholic beverage (even beer and weakly alcoholic beverages). It turns out that even if the entrepreneur sold only 1 bottle of beer per day, this information must pass through the automated system.

Rules for the supply of alcohol

Control by the EGAIS system is carried out already at the first stage - receiving an order from the manufacturer of alcoholic beverages.

To mark the purchase of alcohol in an automated system, a commodity accounting program that supports EGAIS is installed on the company's computer.

The data entered into the program and the amount of alcohol purchased must match exactly.

If there is a shortage when checking the order, the buyer can:

• reject the supplier's invoice and agree on a new one;
• draw up an act of data discrepancy.

Attention

In the same way, it is necessary to act if damage to the excise duty is found or it does not meet the requirements of the law. If the transfer of alcohol according to the invoice was carried out without any inconsistencies, then all information about the deliveries made is entered into the automated system.

In addition, all information about the purchase is also entered in cash program which includes the following information:

• each bottle must be branded;
• the stamp has a barcode;
• the code, in turn, contains information about the manufacturer, its manufacturing license, and other information about the product.

Rules for the sale of alcoholic products

After signing the invoice and placing the data in a specialized report program, the seller can put up alcoholic beverages for sale.

Before sales, all containers with alcohol are scanned so that they can be displayed on sales receipts in the future.

After the sale, the program issues a receipt with information about the point of sale and a barcode.

It is with this sequence of actions that data on all sales will be recorded in the EGIAS system. It doesn't matter how many units of products the buyer has purchased, he will receive a check in one copy.

If the product code cannot be scanned, this means that this alcoholic product was released illegally, but it is possible that the problem is in the system, which can sometimes go astray.

If the Internet goes down at the point of sale, the program will automatically save data about each scanned product. After the connection is restored, the system will be able to transfer information to EGIAS without outside help.

Who will be affected by the innovation

The new rules for the sale of alcoholic beverages apply to all retail outlets:

• the shops;
• restaurants;
• bars;
• other establishments that sell alcohol.

If entrepreneurs are engaged exclusively in the sale of beer, mead, cider, various low-alcohol drinks, then they also did not fall into the category of exceptions and are required to provide information to the EGIAS system.

Sellers of low-alcohol drinks must pass the goods through the automated system from January 1 this year. The owners of cafes and restaurants are also obliged to record the purchase of alcoholic beverages. And this means that all establishments where alcohol is sold must install a program that supports EGAIS.

True, for some entrepreneurs, a temporary exemption from registration in the EGAIS system has been established.

• retailers in Crimea;
• in remote settlements where the population does not exceed 3 thousand inhabitants and there are problems with the Internet connection. The delay in the implementation of the program in this case is 1 year. However, this relief applies to the sale of alcohol; such entrepreneurs are not exempted from accounting for purchases;
• factories and companies that produce low alcohol drinks and beer in an amount not exceeding 3 thousand decaliters;
• public catering establishments that sell only beer and low-alcohol products are exempted from submitting sales reports;
• enterprises that produce wine and champagne based on their own grown grapes.

There are more and more online stores that sell alcohol on the network. However, the rules obliging Internet sites to keep records of sales have not yet been adopted. In the near future, it is also planned to limit the time frame for the sale of alcohol via the Internet.

Sales Accounting

All entrepreneurs who sell alcohol must keep a register where data on sales of alcoholic beverages and product characteristics are entered. In particular, the following data is entered into the log:

• code, name and number of goods;
• Date of sale;
• data on the number of units of production and its displacement;
• code of the type of alcohol unit.

It is not necessary to enter data on the supply of goods in the journal, however, a special form of maintaining such a document has been established. It is allowed to keep records of sales in paper or electronic form. Based on the sales accounting data, a tax return is filled out (filled out once a quarter).

Information

Keeping a sales journal and accounting through EGAIS should be done separately.

Responsibility for violations of the rules for the sale of alcohol

If the entrepreneur decides to refuse to connect to the automated system, he will be liable.

If the seller has not installed single system accounting, the sale of alcoholic beverages of any strength is prohibited. In this case, administrative liability arises for the sale of alcoholic beverages without a proper package of documents.

Legal entities are sentenced to a fine of up to a maximum of 20,000, and for citizens, a fine of up to 15,000.

Responsibility also applies to those sellers who do not scan the goods during the sale.

In case of serious violations of the new rules, the entrepreneur may even lose his license. Since the actions of the entrepreneur are regarded as illegal trade in alcohol.

Warning

For a systematic violation of the law, the seller of alcohol can be prosecuted and punished with a fine of 80,000 or correctional labor up to one year. Also, the violator will be banned from selling alcoholic beverages for up to 3 years.

Selling alcohol without a license

In addition to reporting to EGAIS, you will need to obtain a license to sell alcohol. To obtain a license to sell alcohol, an entrepreneur must submit:

• application for issuance of a license of the established form;
• receipts for payment of fees;
• founding documentation;
• certificate from the tax authority;
• conclusion from the Ministry of Emergency Situations,;
• certificate of no debt from the Federal Tax Service;
• Goskomstat codes;
• lease agreement or ownership of the commercial premises.

A trading license is issued for different term A: 1 to 5 years. After the expiration date, the permit can be renewed. But in order to renew the license, the application must be submitted two months before the expiration of the license to sell alcohol.

The state duty for each type of license for alcohol is 40 thousand rubles, and for wholesale sales you need to pay from 500 thousand rubles.

The legislation also has restrictions on the time of sale of alcohol. Entrepreneurs are prohibited from dispensing alcoholic beverages from 23:00 to 08:00. An exception is set only for duty-free shops and catering establishments. If necessary, the subjects of the Russian Federation may separately establish rules on the places and conditions for the sale of alcohol.

Beer, as well as cider, poiret, mead, and other beer-based drinks, are alcoholic products. When selling beer, it is necessary to take into account the rules governing the sale of alcohol, but with some peculiarities. 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 when selling beer;
• do beer sellers need to connect to EGAIS;
• when a cash register is not needed when selling beer;
• what OKVED codes to choose for the sale of beer;
• What kind of sales reports do you need to submit?

Can an individual entrepreneur start selling beer

We will immediately answer that individual entrepreneurs have the right to sell beer. Why does such a question arise at all? Are there any prohibitions on the sale of alcohol related to the legal form of the seller (IP or LLC)? There really is such a ban, it is established by article 16 of the law of November 22, 1995 No. 171-FZ.

According to it, only organizations are allowed to sell strong alcohol. Why this is so is not explained, but the fact remains - only legal entities have the right to trade in spirits 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 sale of beer and beer drinks, cider, poiret, mead is carried out by organizations and individual entrepreneurs." Please note - this is a retail sale! The fact is that there is also the norm of Article 11 of Law No. 171-FZ, and it also allows the wholesale circulation of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and drinks based on it 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?

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

Conditions for the sale of beer

This is perhaps the most important information, with which you should familiarize yourself with the organization of the beer trade. Given that beer is an alcoholic beverage, it is understandable that it should not be available at any place and time.

Beer alcoholism develops quickly and imperceptibly, which is especially dangerous for children and women. And if for beer merchants large volumes of sales are profit, then buyers foamy drink for its immoderate consumption they pay with their health. We must be sympathetic to the prohibitions established in Article 16 of Law No. 171-FZ, in the end they act for the benefit of the whole society.

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

2. Beer can only be sold in stationary retail facilities, 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 ​​the retail facility, if strong alcohol is sold in addition to beer, then the restriction applies:

• at least 50 sq. m. in cities
• at least 25 sq. m. in the countryside.

When trading only beer, there are no restrictions on the area.

3. The time for selling beer is limited to the period from 8 am to 11 pm, except for points Catering.

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

If there is any doubt about the age of the buyer, the seller must request an identity document. In addition, criminal liability is also possible for the sale of beer to minors. Be aware that the police often carry out control raids involving young people in order to provoke such illegal sale. It is 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 are prohibited, and from July 1, 2017, the retail sale of beer bottled in plastic container over 1.5 liters. Penalties 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. Yes, in many municipalities the sale of beer in retail outlets located in multi-apartment residential buildings is prohibited. We recommend that before you start selling beer, find out all the rules in the local administration or the Federal Tax Service.

EGAIS - sale of beer

EGAIS is a state system for controlling the production and circulation of alcohol. Do I need EGAIS to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sales are required to connect to the system for years only to confirm the purchases of wholesale lots from legal producers and suppliers.

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

Confirmation of the fact of the sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, therefore, the sale of beer through EGAIS is easier to process 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 calculation amount, but not less than 10,000 rubles;
• for organizations - from ¾ to the full amount of the calculation 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 the types of activities related to the sale of beer, use the new OKVED codes of 2019.

For wholesale trade in beer:

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

For retail beer:

• 47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
• 47/25/12: Trading retail beer in specialized stores.
• 47.11.2: Retail sale of non-frozen products, including drinks and tobacco products, in non-specialized stores;

For the sale of beer in public catering:

• 56.30: activities of bars, taverns, cocktail halls, discos and dance floors (with a predominant service of drinks), beer bars, buffets, phyto-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 need to report a new type of activity using the forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Accounting for the sale of beer

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

The journal must be completed daily, no later than next day after the sale of each container or package of alcohol, including beer. At the end of each day, sales data is filled in: name, product type code, volume and quantity. This is how a sample magazine 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, following the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), a declaration on the turnover of beer in the form No. 12 must be submitted to Rosalkogolregulirovanie. August 9, 2012 No. 815.

Let's summarize:

1. Beer can be sold not only by organizations, but also by individual entrepreneurs, however, only retail trade for final consumption is allowed for them.
2. A license to sell beer is not required.
3. Consider the statutory prohibitions on the place, time and circle of buyers when selling beer.
4. It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS, so you need to register on the Rosalkogolregulirovanie website. After that, the system will need to confirm the fact of the purchase of the batch each time and reflect the remaining products.
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. From July 11, 2016, only OKVED-2 applies for registration purposes. Specify OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
7. Keep a log book for alcohol retail and submit declarations on the sale of beer in a timely manner.

(As amended by Decrees of the Government of the Russian Federation of 11/16/96 N 1364, of 07/14/97 N 867, of 10/13/99 N 1150, of 11/02/2000 N 840)

1. These Rules govern the relationship between the seller and the buyer in the sale of alcoholic products.

In these Rules, the seller means an organization, regardless of the legal form, as well as an individual entrepreneur selling alcoholic products under a retail sale contract, a buyer is a citizen who intends to purchase or acquire or use alcoholic products for personal, family, household and other needs not related to the implementation of entrepreneurial activities.

2. Alcoholic products include food products produced using ethyl alcohol, produced from food raw materials, with an ethyl alcohol content of more than 1.5 percent by volume finished products. Alcoholic products are divided into the following types: ethyl drinking alcohol, spirits and wine.

3. The sale of alcoholic products is carried out only if there is a license issued in accordance with the procedure established by the legislation of the Russian Federation.

The seller is obliged to provide the buyer with relevant information indicating the number of the license, its validity period and the authority that issued it. This information should be posted in easy-to-read places.

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

5. Sale of ethyl drinking alcohol permitted only in the regions of the Far North and equivalent areas in accordance with the list approved by the Government of the Russian Federation.

6. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the product and its manufacturer, in a clear and accessible form, providing the opportunity right choice alcoholic products.

The information must contain the following information in Russian:

name and price of alcoholic products;

data confirming the certification of alcoholic products;

manufacturer's name (legal address) and country of origin of alcoholic products;

state standards, the requirements of which alcoholic products must comply with;

the volume of alcoholic products in consumer packaging;

the name of the main ingredients that affect the taste and aroma of alcoholic products;

contraindications to the use of alcoholic products;

date of manufacture and expiration date.

The seller is also obliged to have, in accordance with the procedure established by the Government of the Russian Federation, a copy of the certificate to the consignment note or a copy of the certificate to the cargo customs declaration in respect of imported alcoholic products and submit them at the request of the buyer.

7. The seller is obliged to have the current sanitary rules and other necessary regulatory documentation and comply with the requirements established therein.

8. A seller who sells alcoholic products is obliged to provide buyers with information about trading hours in a clear and accessible form. alcoholic products, its assortment, consumer properties.

9. Sale of alcoholic products is not allowed:

1) without confirmation of the legality of its production and circulation (in the absence of a certificate to the bill of lading or a certificate to the cargo customs declaration in respect of imported alcoholic products or duly certified copies thereof, an excise duty stamp or a special stamp, or in the presence of counterfeit stamps in relation to alcoholic products with an ethyl alcohol content of more than 9 percent;

2) without information about the mandatory certification and not marked with a mark of conformity;

3) poor quality and hazardous to human health (does not meet the requirements of state standards, sanitary regulations and hygiene standards; having obvious signs of poor quality; not corresponding to a specific type and name of alcoholic products; with unspecified expiration dates for products for which an expiration date must be established, or with an expired expiration date; packaging, container and labeling of which do not meet the requirements of state standards);

5) foreign-made, marked with trademarks of Russian manufacturers, without the importer having an appropriate license to use the trademark of Russian manufacturers;

6) persons under the age of 18;

7) in children's, educational, religious and medical institutions and in the territories adjacent to them.

10. It is forbidden to sell alcoholic beverages with an ethyl alcohol content of more than 13 percent of the volume of finished products in crowded places and sources of increased danger (railway stations, airports, metro stations, military facilities) and in the territories adjacent to them, in stalls, kiosks, tents, pavilions, containers and premises not adapted for the sale of these products, as well as in wholesale food markets and in the territories adjacent to them, from hands, trays and vehicles.

Adjacent territories are determined by local self-government bodies in the manner established by the executive authorities of the constituent entities of the Russian Federation.

11. Organizations engaged in the retail sale of alcoholic products with an ethyl alcohol content of more than 13 percent of the volume of finished products in cities must have stationary trading and warehouses with total area not less than 50 square meters, burglar alarms, safes for storing documents and money, cash registers.

12. Alcoholic products must be stored in accordance with the requirements of regulatory documents for the relevant type of product.

Alcoholic products are placed by groups and brands.

13. Before selling alcoholic products, the seller is obliged to check its quality by external signs.

14. When selling alcoholic products, the seller attaches price tags with the name of the product, the price, including the cost of dishes and packaging, to the samples of the goods available for sale. When selling wines in bulk, the price list indicates the name and price for 1 liter and 0.1 liter (for wines).

At public catering establishments, the price lists for alcoholic products should indicate: the name of the drink, the capacity of the bottle, the price for the entire capacity of the bottle, as well as for 100 or 50 grams.

15. Workplaces of sellers, bartenders, bartenders and other persons who sell alcoholic products on tap must be equipped with appropriate commercial equipment, measuring equipment, utensils.

16. The sale of alcoholic products is carried out using cash registers in accordance with applicable law. The seller is obliged to issue to the buyer a canceled cash receipt or other document certifying the fact of purchase.

17. The seller is liable for improper performance of the contract for the retail purchase and sale of alcoholic products in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights" as amended by Federal Law No. 2-FZ of January 9, 1996.

18. The buyer, to whom alcoholic products of inadequate quality were sold, if it was not agreed by the seller, has the right, at his choice, to demand the replacement of such goods with goods of appropriate quality or a commensurate reduction in the purchase price.

Instead of presenting these requirements, the buyer has the right to refuse to fulfill the contract of retail purchase and sale and demand the return of the amount of money paid for the goods. In this case, the buyer, at the request of the seller, must return the goods with defects.

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 cost of the goods has decreased due to the full or partial use of the goods, loss of presentation or other similar circumstances.

The buyer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a reason for refusing to satisfy his requirements, since the absence of such documents does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.

The specified requirements can be presented and are subject to satisfaction in the terms and in the manner established by the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights" as amended by the Federal Law of January 9, 1996 N 2-FZ.

19. Sellers, managers and other officials of trade organizations for violation of these Rules shall be liable in accordance with the procedure established by the legislation of the Russian Federation.

20. Control over compliance with these Rules is carried out by federal executive authorities and their territorial authorities, as well as executive authorities of the constituent entities of the Russian Federation within their competence

In the Russian Federation, there has been a law on the sale of alcohol since the 90s. It determines the document of the relationship between legal entities acting as sellers of alcoholic products, with individuals, buyers of alcohol. Further in the article, the latest changes in the document and the rules for the sale of alcoholic beverages will be considered.

The Federal Law "On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Limiting the Consumption (Drinking) of Alcoholic Products" was adopted by the State Duma on July 19, 1995. The staff of the Federation Council approved the document on November 15 of the same year. The act entered into force on November 22, 1995. The last amendments to this Federal Law No. 171 were made on July 3, 2016.

Federal Law No. 171 regulates the legal basis for the manufacture of ethyl alcohol, alcoholic alcohol-containing products. The bill also sets restrictions on alcohol consumption. The purpose of this law is the protection of morality, health, rights and legitimate interests of citizens. At the level of the Federation, this document aims to protect the economic interests of the Russian Federation.

Consists of the Federal Sale Act strong alcohol from 4 chapters and 27 articles:

Chapter 1(vv 1-7) points to general provisions legislative act - scope, legal regulation, powers of state authorities in relation to alcoholic products.

Chapter 2(Article 8-17) indicates the requirements for the manufacture of products containing ethyl alcohol - the rules for using special equipment, the necessary documents.

Chapter 3(Article 18-22) indicates the procedure for licensing activities for the manufacture and circulation of alcoholic products - termination of a license, restoration of a license.

Chapter 4(Articles 23-27) indicates the control over the activities of organizations engaged in the production and sale of alcoholic products - license control, state supervision, public control.

The alcohol law does not apply to:

• individuals who manufacture alcohol-containing products for their own consumption, not for marketing purposes;
• for registered medicinal products containing alcohol;
• for pharmacies that manufacture medicines containing ethyl alcohol;
• production and use of products containing alcohol, not suitable for internal consumption, located in a metal package with a volume of not more than 450 ml;
• import and export from the territory of Russia of alcohol intended for use by official representations of foreign states or diplomatic missions;
• import and export of alcohol used as samples at the exhibition.

The above alcoholic products are subject to other legislative acts.

Recent changes in the law on the sale of alcohol

This Federal Law has been in force since 1995. Since its publication, it has undergone many changes, additions and amendments. The latest version of the legislative act falls on July 3, 2016.

Article 8 of Federal Law No. 171

This article describes the principles of using special equipment for the manufacture and sale of ethyl alcohol. Paragraph 1 of this article states that legal entities, individual entrepreneurs, farms are required to have a certificate for the equipment they use. The 2nd paragraph states that all equipment used must be equipped with measurement sensors to record the concentration of alcohol in products. Paragraph 2.1 (subparagraph 3 was added to this paragraph in 2016) states that all special equipment must be equipped with means of fixing and transmitting data to a unified state automated information system.

Article 11 of the Federal Law on the sale of alcohol

The provisions of the article under consideration determine the list special requirements, which are presented to organizations that manufacture and sell alcoholic products. The special requirements are:

• Licensed organizations are entitled to produce alcoholic products. wine making, sparkling wine the right to carry out agricultural producers, taking into account that alcoholic products are produced from their own grapes;
• The volume of wine (sparkling wine) produced by one producer per year should not exceed 5,000 decaliters;
• Legal entities and individual entrepreneurs are entitled to carry out the retail sale of alcohol;
• For the manufacture of alcohol, by law, it is allowed to use only ethyl alcohol prepared from food raw materials.

In the last edition in 2016, no changes were made to this article.

Over the past few years (since 2013), changes have been made to this law No. 171:

• there was a ban on advertising strong alcoholic beverages in print and on the Internet;
• prices for the cheapest vodka were increased by 40%;
• all alcoholic products must have an inscription about the dangers of health in case of excessive use;
• restrictions on places for drinking alcoholic beverages were introduced;
• at night it is forbidden to sell alcohol, except for beer with a strength of less than 5%.

Rules for the sale of alcoholic products in the Russian Federation

According to the law “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products”, it is allowed to sell alcoholic products to legal entities (CJSC, JSC) and Individual Entrepreneurs who have a special license. In addition to the license, the seller of alcohol must have all the documents specified in Article 10.2 of this law in order.

In accordance with the provisions of Article 16 of this Federal Law on the sale of alcohol-containing substances, it is forbidden to sell alcohol:

• without required documents— certificate, license, declarations, etc.;
• remotely, for example, via the Internet;
• in polymer containers, with a volume of more than 1.5 liters.

Based on the text of 171 Federal Law, alcohol is prohibited to sell to citizens, under 18 years of age. If the seller has doubts about the age of majority of the buyer, then he has the right to ask for a document certifying the age of a citizen. By law, the requested documents may include:

• internal passport of the Russian Federation;
• Russian passport;
• driver license;
• military ID;
• passport of a citizen of another country;
• resident card.

Permitted time for the sale of alcohol

Under the provisions of the Federal Liquor Sales Act, there is a time limit on the sale of liquor. When selling alcoholic beverages, statutory time:

• in Moscow and in most cities of Russia - from 23.00 to 8.00 - you can not sell alcohol;
• in the Moscow region - from 21.00 to 11.00;
• in St. Petersburg - from 22.00 to 11.00;
• in Novosibirsk - from 22.00 to 9.00.

By law, it is forbidden to sell strong alcoholic beverages during the above period of time, with the exception of:

• beer, not more than 5% of the fortress;
• beer drinks;
• cider;
• poiret;
• mead.

The nuances of retail

The nuances of the retail trade in alcoholic products include not only the availability of all documentation and compliance with the temporary regime, but also the place where alcohol is sold is of great importance. Places where the sale of alcohol is prohibited:

• in buildings carrying out educational activities, training, providing medical services;
• on the terrain that surrounds buildings and structures leading educational, medical, cultural, teaching activities;
• at sports facilities and territories adjacent to them;
• at wholesale and retail markets, with the exception of retail sales by agricultural producers;
• at transport stops, in metro stations, at gas stations;
• in public transport;
• in buildings and structures and territories adjacent to them, intended for command and control, for building combat positions, etc.;
• at railway stations;
• at airports and in the area adjacent to them;
• in the area where sources of increased danger are located;
• on the territory of public mass events.

The procedure for the sale of alcoholic products in bulk

According to the Federal Law "On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Limiting the Consumption (Drinking) of Alcoholic Products", the wholesale sale of alcoholic products implies the implementation of a certain procedure.

The procedure for the sale of alcohol-containing products:

• purchase of alcohol;
• storage of goods;
• supply of goods to retail stores in bulk.

To carry out wholesale trade in such goods, it is necessary to obtain an appropriate license from a specialized institution - the Federal Service for Regulation of the Alcohol Market. The issued license is valid for a five-year period from the date of its issuance by the authorized body. To receive it, the wholesale company is obliged to pay a state fee in the amount of 800,000 rubles.

Before sending alcoholic products to retail outlets, wholesale company employees must make sure that all containers comply with legislative norms. By law, when selling, on the packaging must be indicated:

• information about the products that are included in the composition of the alcoholic beverage, listing the ingredients;
• nutritional value of alcohol;
• all available contraindications for the use of alcoholic beverages;
• place of manufacture;
• date of manufacture;
• best before date.

By law, if the buyer does not find all the necessary information on the bottle when buying alcohol, then he has the right to apply for consumer protection.

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All sellers, both wholesalers and retailers, are required to follow all the rules and principles in the sale of alcoholic beverages. They must comply with the rules on the basis of a license issued to them by a specialized institution. Public authorities have the right to make changes and establish bans on the sale of any type of alcohol. These state powers are indicated in the Federal Law No. 171 in Article 16.

For violations of the principles and rules for the sale of alcoholic products, administrative responsibility follows. Penalties are levied in accordance with the provisions of Article 14.16 of Russia. Based on the text of 14.16, fines ranging from 10,000 to 500,000 rubles are levied for violations of the provisions of Federal Law No. 171.

To carry out the wholesale or retail sale of alcoholic beverages, it is necessary to know all the provisions of the Federal Law "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products." The latest version of this law can be downloaded from

legislation of the Russian Federation, 1996, N 3, art. 140), Federal Law "On State Regulation of the Production and Circulation of Ethyl Alcohol and Alcoholic Products" dated November 22, 1995 N 171-FZ (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 48, Art. 4553) and govern the relationship between the seller and buyer<*>when selling alcoholic products in retail trade.

<*>The seller is understood as an organization, regardless of its form of ownership, as well as an individual entrepreneur selling goods to buyers under a retail purchase and sale agreement.

The buyer is understood as a citizen who intends to purchase or acquires or uses goods solely for personal (domestic) needs, not related to making a profit.

2. Alcoholic products include drinking alcohol, vodka, alcoholic beverages, cognacs (brandy), Calvados, grape wine, fruit and berry wine and other food products containing ethyl alcohol produced from food raw materials, more than one and a half percent of the volume of a unit of alcoholic products .

3. Retail trade in alcoholic products is carried out in the presence of a license issued in accordance with the established procedure.

4. The sale of alcoholic products can be carried out exclusively in places determined by local governments.

The buyer must be provided with information about the number of the license, its validity period, as well as information about the authority that issued this license (by hanging on the trading floor or by other means).

5. It is not allowed in retail trade to sell ethyl alcohol from all types of food and non-food raw materials, ethyl alcohol with non-denaturing additives, drinking alcohol (with the exception of the regions of the Far North and equivalent areas according to the list approved by the Government of the Russian Federation), including imported , alcohol-containing products according to pharmacopoeial articles, alcohol-containing flavoring biologically active food additives, fortified juices, fruit fermented-alcoholized wine materials, alcohol-containing semi-finished products.

6. Alcoholic products are subject to sale if they meet the mandatory requirements of the standards in terms of quality, specifications, biomedical requirements and hygienic conclusion (certificate). The seller of these products, including imported ones, must have shipping documentation certified by the signature and seal of the manufacturer or supplier and containing information about the presence of a certificate of conformity for each product name, indicating the accounting and registration numbers, its validity period and the authority that issued the certificate. This information must be provided to the buyer at his request.

Certified products are marked with a conformity mark in the manner prescribed by the Certification Rules for groups of homogeneous products.

Alcoholic beverages sold on the territory of the Russian Federation, including imported ones, are accompanied by information in Russian about the certification, the manufacturer's code or address, the mark of conformity, the names of state standards or other regulatory documents, the mandatory requirements of which this product must comply with, the volume of packaging, composition, expiration date, content of substances harmful to health in comparison with the mandatory requirements of the standards and contraindications for use.

In addition, for imported alcoholic products, the seller is obliged to provide, at the request of the buyer, a copy of the certificate to the cargo customs declaration with the original imprints of his seal and the seal of the previous owner of the goods.

7. The seller is obliged to have the current sanitary rules and other necessary regulatory documentation and comply with the requirements established therein.

8. The seller selling alcoholic products is obliged to provide buyers with information in a clear and accessible form about these Rules, hours of sale of alcoholic products, its range, consumer properties.

10. Retail sale of alcoholic products is not allowed:

received from a manufacturer or wholesaler who does not have an appropriate license for the production and circulation of these products;

without information about the mandatory certification and not duly marked with a conformity mark;

expired, as well as alcoholic products, for which an expiration date should be established, but not established;

without a clear marking to identify the manufacturer;

without a copy of the certificate to the cargo customs declaration (for imported products);

rejected for reasons of quality and safety;

in packaging that does not meet the requirements of regulatory documentation;

with a volume content of ethyl alcohol of more than 18 percent in polystyrene cups, tin cans and tetrapacks (since January 1, 1997);

foreign-made, marked with trademarks of Russian manufacturers, without the importer having an appropriate license to use the trademark of Russian manufacturers (since January 1, 1997);

in bottles without labels, dirty (inside or outside), with clear signs fight (chipped throat, cracks), with damaged closures with general turbidity, foreign inclusions, sediment (except for collection wines);

in the absence of excise duty stamps and special stamps (except for beer) on imported products, applied in accordance with the established procedure<*>

<*>In relation to alcoholic products of domestic production from the moment such an order was introduced.

persons under the age of 18;

in children's, educational, religious and medical institutions and in the territories adjacent to them;

with a volume content of ethyl alcohol of more than 12 percent in non-specialized organizations in places of mass congestion of citizens and sources of increased danger (train stations, airports, metro stations, military facilities) and in the territories adjacent to them, as well as from hands, trays and vehicles, in unequipped trade tents, kiosks, pavilions and in other premises not adapted for the sale of these products, in scientific and industrial organizations and in the territories adjacent to them.

Adjacent territories are determined by local governments, taking into account the requirements of the relevant services.

dated 11/16/96 N 1364)

11. It is prohibited to sell alcoholic products with a volume content of ethyl alcohol of more than 12 percent in organizations of a small retail trade network (stalls, kiosks, tents, pavilions that do not have trading floor) and wholesale food markets.

(as amended by Decree of the Government of the Russian Federation of 14.07.97 N 867)

12. Alcoholic products must be stored in accordance with the requirements of regulatory documents for the relevant type of product.

Alcoholic products are placed by groups and brands.

13. Before selling alcoholic products, the seller is obliged to check its quality by external signs.

14. When selling alcoholic products, the seller attaches price tags with the name of the product, the price, including the cost of dishes and packaging, to the samples of the goods available for sale. When selling wines and beer on tap, the price list indicates the name and price for 1 liter and 0.1 liter (for wines).

At public catering establishments, the price lists for alcoholic products should indicate: the name of the drink, the capacity of the bottle, the price for the entire capacity of the bottle, as well as for 100 or 50 grams (except for beer).

15. Workplaces of sellers, bartenders, bartenders and other persons who sell alcoholic products on tap must be equipped with appropriate trade equipment, measuring equipment, utensils.

16. The sale of alcoholic products is carried out using cash registers in accordance with applicable law. The seller is obliged to issue to the buyer a canceled cash receipt or other document certifying the fact of purchase.

17. The seller is liable for improper performance of the contract for the retail purchase and sale of alcoholic products in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights" as amended by Federal Law No. 2-FZ of January 9, 1996.

18. The buyer, to whom alcoholic products of inadequate quality were sold, if it was not agreed by the seller, has the right, at his choice, to demand the replacement of such goods with goods of appropriate quality or a commensurate reduction in the purchase price.

Instead of presenting these requirements, the buyer has the right to refuse to fulfill the contract of retail purchase and sale and demand the return of the amount of money paid for the goods. At the same time, the amount of money purchased for the goods. In this case, the buyer, at the request of the seller, 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 the full or partial use of the goods, the loss of their presentation or other similar circumstances.

The specified requirements can be presented and are subject to satisfaction in the terms and in the manner established by the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights" as amended by the Federal Law of January 9, 1996 N 2-FZ.

19. Sellers, managers and other officials of trade organizations for violation of the Rules for the Retail Trade of Alcoholic Products on the Territory of the Russian Federation shall be liable in accordance with the procedure established by the legislation of the Russian Federation.

20. Compliance with these Rules is monitored by the Ministry of Foreign Economic Relations of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy, the State Committee of the Russian Federation for Standardization, Metrology and Certification, the Ministry of Health of the Russian Federation, the Federal Service of Russia for Ensuring the State Monopoly on Alcoholic Products and their territorial bodies, other federal executive bodies and their territorial bodies within their competence.

Approved
Government Decree
Russian Federation
dated August 19, 1996 N 987