Rospotrebnadzor inspections for 2021: plan and schedule of inspections by TIN

Types of checks

Rospotrebnadzor inspections come in several types:

1. Planned , carried out every 3 years on the basis of a schedule drawn up for the year. You can view the plan on the official website. It describes when, who and what will be checked. The entrepreneur will be informed about the start of a scheduled inspection at least three days before it begins. The notice may be sent by mail or delivered in person. In 2017-2018, small businesses were exempt from scheduled inspections. Exception: organizations in the fields of healthcare, education, and public events. The full list is in Law N 294-FZ. As for 2021, legislators, at the end of 2021, extended the period of “test holidays” for another two years, until December 31, 2021 (see Law No. 480-FZ of December 25, 2018). The exceptions remain the same.
2. Unscheduled. These include monitoring the implementation of instructions to eliminate violations and inspections based on complaints and other information from citizens. Not every request can be a reason for an unscheduled inspection. For example, an applicant will be refused if actual cases of violation are not indicated, or if they are reported anonymously. Moreover, an unscheduled inspection by Rospotrebnadzor must be approved by the prosecutor's office. The entrepreneur is informed about an unscheduled inspection one day before it begins (exception: food-related industries - an unscheduled inspection may come to them without warning). In emergency cases, when there is a threat to the health of people or animals, permission from the prosecutor's office and notification of the person being inspected are not required.
3. Visiting and documentary. Depending on whether the inspector will personally come to the enterprise, or will only request a package of documents for inspection.

Check procedure

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

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

Who can be checked

The wider the scope of control of the inspection body, the more organizations risk falling under its inspection. In this regard, Rospotrebnadzor is among the leaders. Almost any enterprise can be inspected, but most often companies that work closely with the public, that is, with consumers, in the service sector, trade, and education are inspected.

Simply put, Rospotrebnadzor controls any activity that involves consumer relations.

Which organizations does it check?

Today, Rospotrebnadzor is an official state organization that is designed to monitor compliance with consumer rights by various market entities.

What they check:

1. Enterprises and organizations, in particular, those related to the production of food and medicine, as well as providing services in this area.
2. The sector of individual entrepreneurs working in the same direction.
3. Legal entities – kindergartens and other preschool institutions, schools, medical and preventive institutions.

Each service employee in any corner of our vast country monitors the exact observance of all official norms in the civil legal field without exception.

What they check

Rospotrebnadzor carries out many functions; its inspections bring together specialists from various fields. Today, the control powers of the SanEpidemStation have been completely transferred to him.

For example, under the control of Rospotrebnadzor are:

1. Compliance with consumer protection laws;
2. Sanitary and epidemiological situation;
3. Certification of workers in a number of areas (dealing with food);
4. Social and hygienic audit;
5. Compliance with legislation on energy saving and increasing energy efficiency.

Many Rospotrebnadzor inspections are unscheduled and initiated as a result of complaints from the public (for example, about loud music in an establishment or about garbage storage).

After receiving complaints, the territorial department of Rospotrebnadzor can initiate an inspection:

1. Registration of labor relations with employees;
2. Qualifications and certification of employees, availability of health certificates;
3. Certificates for goods;
4. Cash register machines in trade;
5. Product quality (sample examination);
6. Compliance of premises with standards (visual inspection and measurements).

Rospotrebnadzor: basic information and powers

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) has a wide range of powers, including:

• for supervision and control in the field of compliance with standards and legislative requirements in the field of sanitary and epidemiological welfare;
• control over the implementation of the Federal Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-I;
• control over compliance with legal requirements on the rules for the sale of certain types of goods, performance of work, provision of services;
• organizing and conducting the necessary studies and analyzes (parts 5–6 of section II of the Regulations on Rospotrebnadzor, approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 322

The fulfillment of the functionality assigned to Rospotrebnadzor is implemented through the following types of inspections carried out by the specified body:

1. Planned. They are carried out on the basis of a special plan drawn up annually (clause 3 of article 9 of the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs...” dated December 26, 2008 No. 294-FZ). The schedule of scheduled inspections of Rospotrebnadzor for 2021 can be viewed on its official website on the Internet.
2. Unscheduled. They are carried out regardless of the established schedule of Rospotrebnadzor inspections and can be initiated by:

• based on statements from consumers whose rights were affected;
• after the authority receives information about threats to the life and health of the population and the state of the environment;
• after the end of the deadlines established for the implementation by the organization or individual entrepreneur of previously issued instructions.

Important! As of September 17, 2020, scheduled inspections of Rospotrebnadzor in the field of consumer rights protection have been canceled (Resolution of the Government of the Russian Federation dated September 4, 2020 No. 1351).

What documents are checked?

During the inspection, Rospotrebnadzor inspectors pay attention to the presence and correct execution of the following documents:

1. Constituent documents (TIN, Charter);
2. Employee health records (if required);
3. Production control program (how temperature and lighting in the premises are controlled, how often clothes are washed and cleaned);
4. Licenses to carry out activities;
5. Signs;
6. Consumer corners;
7. Price lists, catalogs, menus;
8. Documents for the right to own or lease premises;
9. Agreements with third-party organizations providing waste removal and disposal services, disinfection, etc.;
10. Logs of sanitary and epidemiological inspections;
11. Logbook for disinfection products (this must be registered in advance).

Preparing for a scheduled inspection

Rospotrebnadzor is obliged to notify the head of the medical organization about the scheduled inspection no later than 3 working days before its start, sending a copy of the relevant order.

For your information

The annual consolidated plan for conducting inspections is posted on the official website of the Prosecutor General's Office of the Russian Federation until December 31 of the current calendar year. Therefore, preparations for the inspectors’ visit can begin in advance.

First of all, it is necessary to analyze what violations of the requirements of sanitary and epidemiological legislation were identified during previous inspections. This will eliminate existing shortcomings in the work of the institution and not repeat the mistakes made.

So, before the upcoming scheduled check you need to :

• assess the sanitary and technical condition of the premises of a medical organization, inspect furniture and equipment, eliminate malfunctions in the operation of water supply, sewerage, heating, and ventilation systems;

For your information

The most common comments are about defects in the finishing of walls, floors, ceilings, and furniture, which does not allow for high-quality wet cleaning and disinfection.

• find out whether the medical institution complies with the requirements for the set of premises and their minimum area;

Important!

Zoning of premises when performing certain types of medical activities must comply with sanitary standards and delimit the flow of patients with varying degrees of epidemiological significance, the movement of sterile and non-sterile medical products.

• prepare a program of production control over compliance with sanitary standards and rules in a medical organization (must be approved by the head), as well as acts and protocols of research and testing that confirm its implementation and indicate the effectiveness of disinfection and sterilization measures, the quality of medical services provided, and the safety of working conditions at the workplace of medical personnel;
• assess the completeness of preliminary and periodic medical examinations by employees of a medical organization, the coverage of personnel with preventive vaccinations, the timeliness of professional hygienic training and certification of workers in catering departments and buffets, laundry shops, linen warehouses, etc.;
• pay special attention to whether medical workers comply with the sanitary and epidemiological regime;
• monitor compliance with all mandatory requirements for disinfection of premises and medical products, sterilization of medical instruments, disinfection of the hands of medical personnel, compliance with epidemiologically safe algorithms for carrying out medical manipulations and interventions;
• check the availability of a set of officially published sanitary rules, orders, guidelines, according to which preventive and sanitary and anti-epidemic measures are implemented.

Note!

Regulatory legal acts must be relevant at the time of the inspection; among them there should not be documents in an invalid version or that have lost legal force.

Another condition for successfully completing a scheduled inspection is the distribution of areas of responsibility between officials and specialists of a medical organization. This must be done in advance. It is necessary to have a conversation with the staff of the institution about the rules of conduct when communicating with Rospotrebnadzor specialists. Medical workers must clearly and competently answer questions from inspectors within the limits of their professional competence, know their job descriptions and the basics of sanitary legislation.

During inspections, representatives of Rospotrebnadzor, as a rule, request the following documents from the medical organization:

• copies of the charter of the medical organization;
• licenses for medical and pharmaceutical activities;
• sanitary and epidemiological reports, passports and operating instructions for medical equipment and medical devices;
• copies of contracts for the removal and disposal of medical waste, washing of linen and workwear, disinfestation, deratization and other types of services provided by third-party institutions.

For your information

The list of documents required for verification depends on the types and nature of the medical activities of the controlled organization.

How is the Rospotrebnadzor inspection carried out?

Scheduled inspections usually begin with an audit of the package of documents. Rospotrebnadzor requests a package of documents from the inspected entrepreneur. The request must be accompanied by a certified copy of the inspection order.

Since 2021, the inspector cannot demand documents and any information located in state registers (what they can check on their own, for example: TIN).

Copies of documents signed by the person being inspected must be provided within ten working days from the date of receipt of the request.

If the requested document relates to the subject of the audit and is not in the state information system, then it is impossible to avoid providing it. Otherwise, the entrepreneur faces an administrative fine.

The first important stage of an on-site inspection is the inspector presenting his personal identification and an order to conduct an inspection, which indicates who, when, whom, on what basis and how will be inspected.

The result of the inspection is an act (or conclusion), which lists the detected violations and instructions for further actions to eliminate them. One copy of the conclusion remains with the inspector, the second is given to the verified entrepreneur.

The following information must be included:

1. When and where the conclusion was drawn up;
2. Which body carried out control activities, which experts directly participated in the audit;
3. Details of the order to begin the inspection;
4. Information about the company being inspected, information about its manager (or representative) who was present during the inspection;
5. Start and end date of the audit;
6. What violations were discovered;
7. Confirmation by the head of the company of familiarization with the act (instead of confirmation, you can immediately write a refusal of the conclusion indicating the reasons);
8. A note about making a record of the inspection in the log book (or about the reasons why this was not done);
9. Signatures of all specialists who took part in the inspection.

The inspector leaves his mark in the inspection log.

Recorded:

1. Which authority carried out the inspection;
2. Data from all experts participating in the inspection;
3. When did the inspection take place, how long did it last;
4. Reasons for verification, goals and objectives of the study;
5. List of detected violations;
6. Details of the conclusion drawn up based on the results of the inspection.

You can appeal the conclusion within three months from the date of receipt of the instructions. The complaint can be sent directly to the court or to a higher structure of the inspection body. The document must indicate what mistakes the inspectors made.

Based on the results of an inspection that reveals violations, an inspector from Rospotrebnadzor can:

1. Draw up mandatory instructions;
2. To fine;
3. Suspend the operation of the enterprise until the violations are corrected;
4. Bring the case to court (for example, on suspicion of the company’s involvement in a mass disease of the population).

How is the verification carried out?

Despite the fact that Rospotrebnadzor has protective functions for the consumer, the law also protects the owner of the enterprise by limiting the time of communication with all regulatory authorities:

• for a large enterprise - no more than 20 days a year;
• for medium and small – no more than 50 hours per year;
• for micro-businesses – no more than 15 hours per year.

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This applies to scheduled inspections. The period may be extended in critical cases, with mandatory notification of management.

Before holding a planning commission, management is notified no later than 3 working days, in addition, orders are posted on the official website or in the media. In case of unscheduled actions, notification comes no later than 24 hours in advance, if the activity does not threaten general epidemiological safety.

The inspector is required to provide his identification and notice with the signatures of management and all data regarding the procedure. It indicates the deadlines, regulations and names of inspectors.

Violations by the inspectorate

The law also sets its own limits for inspectors from Rospotrebnadzor.

The inspected entrepreneur is obliged to know about them and monitor the implementation of:

1. A scheduled inspection will not be recognized as legitimate if it took place without the presence of officials or representatives of the legal entity being inspected. Its results can be easily appealed. An exception is possible only if information has been received about violations that pose a threat to the health of people or animals, or state security;
2. Inspectors do not have the right to take original documents or request data or products not related to the subject of the inspection;
3. Verification deadlines must be met;
4. The inspector can take samples for analysis only in accordance with established standards and with the mandatory drawing up of relevant acts;
5. The inspector does not have the right to issue orders to carry out any control measures at the expense of the person being inspected;
6. Any inspection results are considered a secret protected by law, and inspectors have no right to disclose it;
7. The inspector cannot demand payment for the inspection or individual control activities.

Deadlines for Rospotrebnadzor inspections

According to the law, an inspection can last a maximum of 20 days, but there are exceptions when, by order of Rospotrebnadzor, the period is extended. The entrepreneur will be notified of the extension of the inspection. Although the procedure for this notification is not prescribed by law.

However, in a situation where a documentary inspection was initially carried out, but then it turned into an on-site inspection, the total period will be 40 days.

The maximum duration of an on-site inspection at a small enterprise is 50 hours per year, and at a micro-enterprise - 15 hours.

The scheduled on-site inspection is extended if complex studies are required. The maximum extension period is 20 working days.

The expert conducting the inspection has the right to put forward a proposal for an extension, but it must be approved by the person who previously signed the order to conduct the inspection. Only chief state sanitary doctors can extend the timing of inspections of small and micro-enterprises.

Inspection dates

Rospotrebnadzor checks enterprises and organizations for no more than 20 days. This period may be extended, in cases provided by law, by another twenty days. The manager of the enterprise is notified in advance of such an extension.

However, for a documentary inspection that develops into an on-site inspection, the total period increases to forty days. For small businesses, reduced inspection periods have been established: up to fifty hours per year for small businesses, up to fifteen hours for micro-businesses.

An inspector can declare an increase in the timing of an audit, but it is approved by the manager who issued the order to conduct it. For small businesses, extension of deadlines is possible only in agreement with sanitary doctors.

Fines from Rospotrebnadzor

The responsibility of an entrepreneur for violations and errors that an inspection by Rospotrebnadzor may reveal is:

1. Disciplinary;
2. Administrative;
3. Civil law;
4. Criminal (for example, selling alcohol to children, illegal business, trafficking in counterfeit medicines).

The most common type of liability to Rospotrebnadzor is still administrative. Rospotrebnadzor fines range on average from 20,000 to 200,000 rubles.

Also, the company's activities may be suspended to eliminate violations. For any failure to comply with the instructions of the inspectorate, the violator will be held administratively liable.

For example, the following violations are considered administrative:

1. Failure to comply with sanitary and hygienic measures;
2. Sales of goods (services) whose quality does not comply with the law;
3. Violation of the procedure for using cash register machines;
4. Refusal to issue a check, receipt or other document confirming payment for services to a client;
5. Deceiving customers (for example, body kit);
6. Refusal to provide the consumer with information about the product or misrepresentation.

The most common fines of Rospotrebnadzor:

You can appeal against administrative liability within 10 days.

What does it check and what are the requirements?

The work of Rospotrebnadzor employees is based on the regulated Federal laws of the Russian Federation, which define the rights of buyers.

The most detailed information about the activities of the service can be obtained from the legislation of the country.

First of all, these are documents such as:

1. Federal Law “On Sanitary and Epidemiological...” - the full text of the document can be seen here https://rospotrebnadzor.ru/documents/details.php?ELEMENT_ID=242.
2. SanPiN6.1.3488-17 - you can view it here https://rospotrebnadzor.ru/documents/details.php?ELEMENT_ID=9226.
3. SanPiN 3.5.2.3472-17 - available at https://rospotrebnadzor.ru/documents/details.php?ELEMENT_ID=9039.
4. Order No. 947 dated 10.19.17 - can be found at the link https://rospotrebnadzor.ru/gosservice/normbase/details.php?ELEMENT_ID=9231.
5. Letters and instructions, other regulations.

The main areas of work of this supervisory body are:

1. Carrying out sanitary control.
2. Monitoring facts of violations of consumer rights.
3. Monitoring compliance with industrial hygiene standards.
4. Issuance of sanitary and epidemiological reports.
5. Certification of workers who have contact with products, semi-finished products and ready-made food.
6. Coordination of the work of related structures and services.
7. Collection and analysis of statistical data.

How to prepare for a Rospotrebnadzor inspection

The most reliable, but not the cheapest way to prepare for an inspection is to seek help from specialists. Many companies offer their services for consulting, collecting documents and organizing sanitary measures.

It is almost impossible to put all your activities in order on your own and in a short period of time. Therefore, the best decision is to conduct your business in such a way that an expert who comes at any moment has nothing to complain about.

Always keep employee health records and product certificates in order, observe the terms and conditions of storage of goods, carry out cleaning and disinfection on time, monitor signboards, price tags and the consumer corner.

To check yourself, check out the list of the most common violations.

Rospotrebnadzor inspection plan

ConsultantPlus has many ready-made solutions, including the article “Procedure for conducting inspections by Rospotrebnadzor.” If you don't have access to the system yet, sign up for a free trial online. You can also get the current K+ price list.

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

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

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

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

Common Disorders

Let's look at the most common violations that Rospotrebnadzor detects in beauty salons, medical centers, pharmacies, cafes and shops.

Violations of beauty salons and hairdressing salons:

1. There is no required triple tool kit;
2. There are no ultraviolet lamps and no accounting of their operation;
3. Violation of the rules for processing tools;
4. There are no markings on disinfectants and other products;
5. There are no separate areas for manicure and pedicure;
6. No foot bath;
7. There is no special area designated for garbage or dirty laundry;
8. Unsatisfactory sanitary condition of the premises;
9. Employees did not undergo medical examination;
10. There is no sign at the entrance.

Pharmacy violations:

1. Non-compliance with SanPin requirements for temperature and humidity levels in the room;
2. Violation of conditions and shelf life of medicines;
3. Failure to comply with the washing regime for workwear;
4. Employees did not undergo medical examination;
5. Clients do not have access to information about medications (composition, price, contraindications).

Violations in public catering:

1. There is no necessary ventilation of the room;
2. Finished products are stored next to semi-finished products, and dirty dishes are stored next to clean ones;
3. Acceptance and sale of products without accompanying documents confirming their quality and safety;
4. Failure to comply with expiration dates and food processing rules;
5. Employees are allowed to work without a medical examination;
6. There are no markings on cutting tools;
7. There is no hygienic (convenient for sanitation) coating on the working surfaces;
8. There are no staff or tools for complete cleaning.

Violations of retail outlets:

1. Failure to comply with sanitary and technical requirements for premises;
2. Temperature and humidity in warehouses are not measured;
3. Storing products in places not intended for this purpose;
4. The products do not have markings that comply with the standards;
5. There are no examination protocols, the frequency and scope of examinations are not observed;
6. There is no complete information on the price tags.

What does Rospotrebnadzor check? List of Regulatory Documents!

The cook is required to wear both PPE and sanitary clothing according to the standards.

Intersectoral rules on labor protection in public catering (POT R M-011-2000). 14.1. Those working in organizations are provided with special clothing, special footwear and other personal protective equipment in accordance with the Rules for providing workers with special clothing, special footwear and other personal protective equipment and the Standard Industry Standards for the free issuance of special clothing, special footwear and other personal protective equipment.

We look at the Order of the Ministry of Health and Social Development of the Russian Federation dated June 1, 2009 N 290n “On approval of Intersectoral Rules for Providing Workers with Special Clothing, Special Footwear and Other Personal Protective Equipment.”

14. When issuing PPE to employees, the employer is guided by standard standards corresponding to its type of activity.

In the absence of professions and positions in the relevant standard standards, the employer issues to employees PPE provided for by the standard standards for workers of cross-cutting professions and positions in all sectors of the economy, and in the absence of professions and positions in these standard standards - by the standard standards for workers whose professions (positions) are typical for work performed.

We look at the Order of the Ministry of Labor and Social Protection of the Russian Federation dated December 9, 2014 N 997n “On approval of the Standard Standards for the free issuance of special clothing, special footwear and other personal protective equipment to employees of cross-cutting professions and positions of all types of economic activities engaged in work with hazardous and (or ) hazardous working conditions, as well as work performed in special temperature conditions or associated with pollution” (end-to-end standards) paragraph 122 (screenshot below).

The standards for providing sanitary clothing were approved by Order of the USSR Ministry of Trade dated December 27, 1983 N 308 “On the Standards for sanitary clothing, sanitary footwear and sanitary supplies for employees of enterprises of the USSR Ministry of Trade system.” These standards apply only to those cooks who work directly at retail enterprises.

But everyone else is supposed to be given free sanitary clothing in accordance with OST 10286-2001 “Sanitary clothing for agricultural workers. Collateral standards. Rules of application and operation." OST 10.286-2001 is used in food production and catering units, regardless of the industry of the enterprise (organization).

How to behave during an inspection

Regardless of whether the inspection came to you as planned or unscheduled, do not panic, but try to follow our advice:

1. Invite a lawyer. Notify other employees about the arrival of the inspection;
2. Ask the inspectors to present their identification and an order to begin the inspection. Carefully check the documents for consistency of names, titles and dates;
3. Study the inspection order (action plan, list of required documents), make sure that the inspection does not go beyond the specified scope;
4. Ask the inspectors to sign the control log;
5. After the inspection, carefully read the results recorded in the inspection report.