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Requirements for the trade in beer per year. Beer law: recent changes. Retail sales you reflect in the alcohol magazine

Requirements for the trade in beer per year.  Beer law: recent changes.  Retail sales you reflect in the alcohol magazine

The sale of beer products has always been considered profitable direction business, and many domestic entrepreneurs are well aware of this. This is not surprising: good demand, not too large cash investments - made it possible for a businessman to count on quite good incomes. Everything seems to be nothing, but the new rules for the sale of beer in 2020 for individual entrepreneurs have somewhat changed the situation and now entrepreneurs are interested in how profitable it will be to engage in this type of business today.

Does an individual entrepreneur have the right to start selling beer

We note right away that entrepreneurs can continue to sell beer and other alcoholic beverages, just since July 2016, the requirements for the sale of beer, as well as cider and other drinks based on it, have changed.

What you need to trade beer from July 1, 2016 for individual entrepreneurs? Now, for those who want to retail their favorite drink by millions, certain restrictions have been introduced, and from July 1, 2016, for the sale of beer, it is necessary that the business for its sale meets the following requirements:

  1. Beer can be sold in retail sales only in stationary, but not in temporary premises that are registered as someone's property (the only exceptions are those temporary premises that operate as a catering point);
  2. The beer retail point should not be located in the vicinity of children's, educational, cultural or medical institutions;
  3. There is a ban on the sale of any beer products at railway stations, markets, gas stations, as well as retail outlets in crowded places;
  4. It is forbidden to trade in beer without availability accompanying documents(trade bill of lading, payment documents, etc.);
  5. A ban is introduced on the sale of beer drinks by time, valid from 10 pm to 10 am the next day;
  6. It is forbidden to sell beer products to minors;
  7. Necessarily maintaining a ledger for the sale of alcoholic beverages, in the form that was approved by RosAlcoRegulation.

New rules for the sale of beer in 2021 for individual entrepreneurs

new and so far last law, which entered into force in July, states that all individual entrepreneurs will now be required to submit to the EGAIS (unified state automated Information system) detailed data on the volume of purchases of beer products, without reporting on the quantity of the product sold.

This EGAIS system for individual entrepreneurs selling beer at retail is designed to control the sales market alcoholic products and to reduce the level of production and sales of non-certified goods to the maximum.

Who will report through EGAIS

  1. Companies engaged in the storage, purchase and wholesale supply of beer;
  2. Individual entrepreneurs when purchasing it;
  3. Catering organizations (cafes, restaurants, canteens, bars) in the course of their procurement activities;
  4. Stores that sell beer within the city limits are in the process of retailing it.

This means that EGAIS for individual entrepreneurs selling beer at retail is needed in order to provide accurate data, and this is the responsibility of both entrepreneurs involved in the sale of beer on tap and those who sell beer products in standard containers.

Responsibility for not connecting or providing credentials to a single system

According to the new legislation, liability for violating the fundamental norms of this law, which includes the clause on mandatory work with the Unified State Automated Information System, entered into force on July 1, 2016 and is currently punishable by the imposition of penalties on an individual entrepreneur in the amount of 10,000 - 15,000 rubles.

Who is not yet threatened with connection to the Unified State Automated Information System

It should be noted that at the moment there are several categories of IP that are exempt from connecting to such a system. For some of them, such an exemption is temporary, for others, the date for its installation has not yet been approved and has not been set. For example, trade in beer in 2020 for individual entrepreneurs on UTII in countryside does not yet oblige an entrepreneur to connect to this system, but from July 1, 2017, all entrepreneurs will have to record the sale of beer and drinks based on it through a single information system.

Even longer, until January 1, 2018, the sale of IP beer with UTII in rural areas without connecting to the system will be carried out in the city of Sevastopol and the Republic of Crimea. So entrepreneurs on UTII in rural areas still have some concessions.

Rules for the sale of beer and other alcoholic beverages in 2020 for entrepreneurs: should beer products be licensed

To the question asked by many entrepreneurs involved in the beer trade: is it necessary to have a license to sell beer at the moment, the answer can easily be found in Article 18 of Law No. 171-FZ. It clearly states that for the sale of beer and a variety of beer drinks, no license for the sale of beer in 2020 is currently required for individual entrepreneurs. So the missing license for the sale of beer products does not threaten the entrepreneur with anything, and no penalties are provided for this.

Any businessman engaged in or planning to engage in the sale of alcohol must necessarily constantly worry about the legal side of the issue (collect useful information, consult with lawyers, etc.), since the legislation changes regularly and in the near future ignorance of it can lead to serious inconvenience and additional financial expenses. Therefore, the rules for trading beer in 2020 for individual entrepreneurs, although they have been changed, are still worth following for any information on them.

Video: latest news about EGAIS

In the past 2017, the legislation in the sphere of circulation of alcoholic products, in particular beer, has undergone some changes. Penalties for violations in this area were toughened, and some provisions regarding the rules for the circulation of alcohol-containing products were also changed.

The essence of the law

The main legal document in the field of alcohol sales, and beer in particular, is adopted by the State Duma of the Russian Federation in July and approved by the Federation Council of the Russian Federation in November 1995.

Structurally, the law 171-FZ is represented by four chapters, which include 27 articles. Consider summary law, outlining the main theses:

Chapter 1. General provisions : the scope of the law, basic concepts, specialized legislation, the state monopoly on the production and circulation of alcohol and alcohol, the powers of federal and local authorities in this area.

Also read the Federal Personal Bankruptcy Act. More

Chapter 2. Requirements for the production and circulation of beer: rules for the use of equipment, turnover and supply of alcohol and alcohol, accompanying documentation, special requirements, taxation and labeling, regulation of import and export of alcoholic products, accounting and declaration of production volume, turnover and use of grapes (in the production of wine and cognac products), registration production equipment, requirements for retail sales, rules and restrictions on drinking.

Chapter 3 Licensing: types of activities subject to licensing, procedure for issuing a license, suspension, renewal and termination and cancellation of a license, procedure for appealing against a refusal to issue a license.

Read about state secrets

Chapter 4. State supervision: control in the field of production, supervision of compliance with mandatory requirements, licensing control, supervision of the use of equipment, public control, SROs of winemakers and winegrowers, suppression of illegal production and circulation of alcohol, restrictions, features of the application of certain provisions of the law 171-FZ.

As can be seen from the thesis structure of the law, the main subjects of regulation of this law are the production and circulation of ethyl production and alcoholic products, as well as restrictions on drinking alcohol.

As for beer, in clause 13.1 of part 1 of Art. 2 of Law 171-FZ defines this drink, short description production technologies and characteristics of tolerances for the content of components.

Also read: Federal Law 261 in the latest edition. Details

It is also stated in the "beer law" that technological equipment for the production of beer and beer drinks should be equipped with automation that measures and takes into account the concentration (strength) of the drink, as well as the volume finished products, an exception is made for small breweries.

Article 12 of the law states that requirements for mandatory labeling of alcoholic products do not apply to beer and beer drinks.

Also for beer and beer drinks, an exception is made in the field of retail trade. In the retail sale of alcohol and the provision of services Catering, only organizations have the right to sell alcoholic products. However, individual entrepreneurs also have the right to sell beer and beer drinks.

According to the provisions of part 7 of article 16 on special requirements for the retail sale of alcohol in the provision of public catering services, as well as for the drinking of alcohol, the ban on drinking alcohol in public places applies to beer and beer drinks as well. If the drink was purchased in an institution, it should be consumed only in this facility.

According to part 9 of the same article of the “law on the sale of beer”, the rule banning the sale of alcohol between 23:00 and 08:00 local time also applies to beer, but the sale of this drink in establishments (restaurants, bars, etc.) is allowed.

Federal Law on Trade in the new edition

Article 18, paragraph 1, states that production and circulation of beer and beer drinks are not subject to licensing. Recall that the term "turnover" (according to paragraph 16 of Article 2) includes the purchase, supply, storage, transportation and retail sale.

On January 1, 2018, the delays and indulgences that applied to the Crimea and the city of Sevastopol ended. Now, the requirements for the production and circulation of alcohol in this territory are presented in full.

Are there penalties for breaking the law?

In July 2017, the President signed a law amending the Code of Administrative Offenses of the Russian Federation, which provides for increased liability for the illegal sale of alcohol. Responsibility for violation of the rules for the production and sale of alcoholic products is prescribed in articles 14.16 - 14.19 of the Code of Administrative Offenses of the Russian Federation.

Let's figure it out how to trade beer under the new law. When selling bottled and draft beer, the seller must take into account and observe the following main points:

Trading time. According to the law 171-FZ, the permissible time for the sale of alcohol in the country is from 8 a.m. to 11 p.m. local time. In some cities and regions, even stricter restrictions have been established, and separate ones may also be added to the night ban holidays, where you can not sell alcohol at retail - for example, on school graduation days.

Violation is subject to a fine of:

  • For the seller - 30 - 50 thousand rubles;
  • For the owner of a store or outlet: 5-10 thousand rubles;
  • For an individual entrepreneur and a legal entity: up to 100 thousand rubles with confiscation.

Place of trade. Beer can only be sold in stationary retail facilities (the building must be permanent and consist of single register real estate). The sale of beer in stalls and kiosks is prohibited. It is also forbidden to sell beer in the following objects and in the territories adjacent to them: children's, educational and medical institutions, sports and cultural facilities, public transport of all types and its stops, gas stations, markets, railway stations, airports and other crowded places (with the exception of public catering), military facilities.

For the sale of alcohol in the wrong place, a fine is provided in the amount of:

  • From business owners 10-15 thousand rubles;
  • From a legal entity - up to 300 thousand rubles.

EGAIS— Unified State Automated Information System. Organizations and individual entrepreneurs purchasing beer for retail sale are required to connect to the system only to confirm the purchases of wholesale lots from legal suppliers. The seller needs 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.

For violation of the procedure for recording information on the volume of alcohol turnover in the EGAIS system, fines of the following size are imposed:

  • For individuals (the head of the company) - from 10 to 15 thousand rubles;
  • For legal entities - 150,000 - 200,000 rubles.

In both cases, confiscation of illegally sold products is possible.

Checkout availability. From March 31, 2017, the sale of beer, including in public catering, is possible only with the use of cash register— regardless of the tax regime. Trading in beer without using a cash register is punishable in accordance with Article 14.5 of the Code of Administrative Offenses of the Russian Federation. The amount of the fine is:

  • For individual entrepreneurs and heads of organizations - 25% - 50% of the calculation amount, but not less than 10,000 rubles;
  • For organizations - from 75% to 100% of the amount of the calculation, but not less than 30,000 rubles.

Buyer age. At the slightest doubt about the age of the buyer, the seller should ask him to present an identification document.

For the sale of alcoholic products to minors, an administrative fine is provided in the amount (part 2.1 of article 14.16 of the Code of Administrative Offenses of the Russian Federation):

  • For the seller - from 30 to 50 thousand rubles;
  • For the head (official) - from 100 to 200 thousand rubles;
  • For legal entities - from 300 to 500 thousand rubles.

Maintaining a retail volume ledger is a mandatory requirement for sellers of alcohol and in particular beer. The journal must be completed daily.

For violation of this requirement or incorrect logging, a fine is provided in the amount of:

  • For individual entrepreneurs - from 10 to 15 thousand rubles;
  • For organizations - from 150 to 200 thousand.

In addition, a quarterly declaration on the turnover of beer must be submitted to Rosalkogolregulirovanie. Download useful files:

Container and its volume. An innovation that has been sensational in relatively recent times prescribes a ban on the production and sale of beer bottled in plastic containers with a volume of more than 1.5 liters. This change was associated with public policy fight against beer alcoholism and done to reduce alcohol consumption by the population.

For violation this provision the penalty is:

  • For individual entrepreneurs - from 100 to 200 thousand rubles;
  • For organizations - from 300 to 500 thousand.

When illegal sale of alcohol by an individual, the offender faces a fine of 30 to 50 thousand rubles (Article 14.17.1 of the Code of Administrative Offenses of the Russian Federation).

What changes have been made?

The amendments came into force on January 1, 2018, registered in federal law N 278-FZ of July 29, 2017. In many ways, the changes affected the circulation of medicines and medical products and preparations containing alcohol.

The amendments to the law, which affected the turnover of beer and alcoholic products, will be discussed in more detail below.

P. 2.3 Art. 11 has been revised. Thus, an organization producing alcoholic products must own, manage, manage or lease for a period of one year the relevant established requirements production and storage premises, which are real estate objects.

Article 11 of Law 171-FZ was also supplemented by paragraph 8, according to which the production of alcoholic beverages, the strength of which is less than 15%, containing tonic substances, is prohibited. Such drinks are allowed to be produced only for the purpose of export.

Paragraph 1 of Article 14 was reworded. For the most part, its provisions concerned accounting for the volume of production of alcoholic products and the procedure for declaring it, which was described in detail in the subsection of this article about fines.

Clause 1 of Article 26 on restrictions on the production and circulation of alcohol was supplemented with a paragraph prescribing that from now on, when moving through the territory of Russia and across the state border both on foot and by car or other transport, one person should have no more than 10 liters of unmarked alcoholic products.

The penalty for disseminating such information will be:

  • For citizens from 3 thousand to 5 thousand rubles;
  • For officials - from 20 thousand to 40 thousand rubles;
  • For legal entities - from 100 thousand to 300 thousand rubles.

Download the current version of the law

This information will be useful to both producers and consumers of beer and beer drinks. In addition, the information presented in the article can serve as a reminder for the owners and managers of stores and establishments that sell these products.

For a more detailed acquaintance with the provisions of the law, we offer N 171-FZ dated November 22, 1995 “On state regulation production and turnover ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” with amendments and additions that entered into force on January 1, 2018.

ACTION from BEER SOUTH:

1. When ordering from 3 kegs of beer"DON" The price on the invoice is 69 rubles per liter. Only for 3rd columnPRICE LIST

2. When ordering from 2 kegs of cider"Natural Drinks" The invoice price is 50 rubles per liter. Only for 3rd columnPRICE LIST

3. When ordering from 2 kegs"Gold of the Scythians" Light 10.0%, 4.0% OJSC "Deka" Velikiy Novgorod, the discount from your column will be 6 rubles per liter. The price tag and medallion are provided when ordering.PRICE LIST

4. When ordering from 3 kegs from the assortment of the Brewery "Trekhsosensky", Ulyanovsk, the client receives a discount of 5 rubles per liter from his dispenser! The promotion is valid for both new and old customers! PRICE LIST

5. Real ram in three liter jars, packed and salted according to a special recipe. Unique offer on the snack market!!

The price is 2700 rubles for the Bank.

New rules for retail beer trading from March 1, 2017

The laws governing the sale of beer and other types of alcohol are periodically amended to improve them. Amendments and additions relate to a variety of aspects: production, new technologies, equipping retail outlets, sale and rental of beer bottling equipment, beer containers and much more. On March 31, 2017, new changes and provisions in the Beer Retail Law come into force.

New requirements for the sale of draft beer

The new provisions relate to the specifics of the trade in beer products in the provision of catering services. The changes expand the capacity of catering stores and, conversely, prohibit the sale of draft beer to those who do not provide food.

Places prohibited for the retail sale of beer and alcoholic beverages
The changes affected the list of places prohibited for retail trade. It includes:

  • premises used and owned by organizations engaged in activities in the field of culture, medical and educational activities (Part 1, Clause 2, Article 16 of the Law);
  • sports complexes, including buildings and nearby territories (part 2, part 10, paragraph 2, article 16 of the Law);
  • markets for wholesale and retail trade (part 3, paragraph 2, article 16 of the Law);
  • gas stations and public transport (part 4, clause 2, article 16 of the Law);
  • places of deployment of troops, military bodies and formations ensuring the security and defense of the Russian Federation, as well as territories adjacent to them (part 5, part 10, paragraph 2, article 16 of the Law);
  • airports, railway stations and nearby territories (part 6, part 10, paragraph 2, article 16 of the Law);
  • places where sources of increased danger are located, established in accordance with the law, as well as nearby territories (part 7, part 10, paragraph 2, article 16 of the Law);
  • venues for holding mass and public events with a large gathering of citizens, as well as the territories adjacent to them (part 8, clause 2, article 16 of the Law);
  • outlets non-stationary type (part 9, clause 2, article 16 of the Law);
  • territories that are adjacent to medical and educational organizations (part 10, clause 2, article 16 of the Law).

The amended law for the above list contains exceptions for organizations selling draft beer and providing catering services.

According to the amended law, the sale of beer with the provision of food is allowed in the premises of theaters, concert halls, in territories adjacent to sports facilities, with the exception of competitions and other sports involving children and youth. The list of facilities engaged in the provision of public catering, where the retail sale of beer is allowed, includes retail and wholesale markets, railway stations, airports, gas stations and adjacent territories, as well as retail outlets of a non-stationary type.

Other changes

The second change concerns the ban, which is introduced in 2017, on the sale of beer without a EGAIS barcode (part 13, paragraph 2, article 16 of the Law) and remote sale (part 14, paragraph 2, article 16 of the Law).

Another change in the law, which takes effect in March 2017, relates to the terms of service. In accordance with the law, beer and other types of alcohol sold as part of catering must be sold at facilities that have fully equipped halls. Such objects also include dining cars, aircraft and water transport.

One of important rules is the opening of containers by a seller dispensing alcoholic beverages (clause 4, article 16 of the Law).

Beer or other types of alcohol purchased at a public catering establishment must be drunk on the spot (paragraph 2, clause 8, article 16 of the Law).

Conclusion

The article lists the main changes that will be introduced into the law on the last day of March. The most large-scale changes concerned Article 16 of the Law. With the start of their action, draft beer shops that do not have their own catering will not be able to trade. Organizations and businesses that sell beer and other alcoholic beverages with food services should prepare for amendments and additions to ensure that all necessary requirements are met when selling beer.

For some time now, a refreshing, foamy drink - beer, has become the object of close attention of the legislator. Everything you need to know about the rules for the sale, purchase and consumption of beer in 2019, you will find in this article.

July 2011 became fatal for beer - adopted by the State Duma significantly changed the legal status of the foamy drink, equating it to alcoholic products and establishing significant restrictions on its sale and use.

The new rules for the sale of beer come into effect in stages: most of them are already being implemented in practice, and some changes are yet to show themselves in practice.

Where not to sell beer:

  • On all types of urban and suburban public transport, at bus stops, gas stations;
  • In areas near children's, medical and educational organizations, sports facilities and in the territories adjacent to them;
  • In cultural organizations, with the exception of the retail sale of beer, carried out by individual entrepreneurs in the provision of catering services;
  • At military installations and territories adjacent to them;
  • IN non-stationary objects for trade; in the markets of wholesale and retail trade, in places of increased source of danger, at railway stations and airports, in other crowded places and in the territories adjacent to them. BUT when an organization or individual entrepreneur provides catering services retail in the indicated places of beer and beer drinks.

A non-stationary retail facility is a retail facility that is a temporary structure or a temporary structure (including a mobile one) that is not firmly connected to a plot of land, regardless of the absence or presence of a connection to utility networks. This concept fixed .

Surrounding territories these are those land plots that are adjacent directly to buildings, structures and structures. The boundaries of such territories are determined by local governments in their decisions.

Where not to drink beer:

  • In places where the sale of beer is prohibited (taking into account the permissible exceptions: cafes, bars, clubs and similar places - drinking beer purchased there is accordingly allowed);
  • In courtyards, entrances, in elevators, on stairs and landings of residential buildings;
  • On playgrounds;
  • In recreational areas (within the boundaries of territories where there are urban forests, gardens, parks and squares, ponds, lakes and reservoirs, beaches and other areas used and intended for sports, recreation and tourism). BUT the purchase of beer and its consumption in the places of provision of public catering services located in these territories,

When will it be impossible to buy beer?

New rules for the sale of beer and beer drinks of any strength (except non-alcoholic) 2019 set the time of sale: sale is unacceptable law from 23:00 to 08:00 local time. An exception is retail sales in places of catering services (clubs, bars, cafes, restaurants and other similar places).

Each individual subject of the Russian Federation may impose additional restrictions on the conditions, times and places for the retail sale of alcohol, beer and beer drinks, including a complete ban on the retail sale of these products. Restrictions are authorized to establish state authorities of the constituent entities of the Russian Federation.

Beer advertising ban

Beer sale laws in 2019 set new rules for trade, and also affected advertising activities. From now on, beer advertising cannot be placed on the first and last pages of newspapers and magazines, contain a statement about the safety and benefits of the product, and also use images of people or animals, even cartoon ones. The rest about the advertising of alcoholic products have not undergone significant changes.

Requirements for retail premises for the sale of beer in 2019 according to the new rules:

  1. According to law on the sale of beer in 2019, organizations and individual entrepreneurs, in order to achieve the goals of retail sale of beer, must own, operate, manage or lease stationary retail facilities, warehouses and cash registers.

Again, organizations and individual entrepreneurs that provide catering services fall under the exception - these requirements do not apply to them.

  1. There are no restrictions on the total area of ​​stationary shopping facilities And storage facilities in the retail sale of beer and beer drinks. Only if other alcoholic products (vodka, cognac, wine, etc.) appear on the shelves of such retail facilities, then the law fixing the new rules for the sale of beer 2019, among others, also introduces a restriction on the total area of ​​retail facilities and warehouses - at least 50 square meters meters in the city and 25 sq.m - in the countryside.

Is the sale of beer for individual entrepreneurs licensed in 2019?

Licensing of activities related to the retail sale, purchase, storage and supply of beer and beer drinks is not provided. As well as labeling for beer and beer drinks is optional.

Sale of beer in PET in 2019

Of the upcoming restrictions, one is still in effect - the production and circulation of alcoholic products containing more than 7% of ethyl alcohol from the total volume of finished products must be carried out in consumer packaging not exceeding 330 milliliters in volume.

However, the sensational bill on establishing a limit on the volume of consumer packaging of alcoholic products is already actively taking an offensive position.

According to the new law on the sale of beer in PET, based on data from July 1, 2017, the production of alcoholic products, as well as beer and beer drinks, is only allowed in polymer consumer containers not exceeding 1.5 liters. In the future, it is planned to gradually reduce the volume of this container to 0.5 liters.

As for the retail sale of beer and beer drinks, the upcoming changes will ban the retail sale of alcoholic products with a strength of more than 4% of the volume in polymer consumer packaging in general, and 4% or less in polymer consumer packaging whose volume is more than 0.5 liters.

At the same time, the decrease in the volume of PET and the corresponding decrease in the content of ethyl alcohol in alcoholic products will occur gradually. The exact dates will be specified by new amendments to the current legislation.

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4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be made in writing and delivered personally or through a courier, or sent by e-mail to the addresses specified in the license agreement for computer programs dated 12/01/2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be further specified in writing by the Party.

4.2. If one or more provisions (conditions) of this Agreement are or become invalid, then this cannot serve as a reason for the termination of other provisions (conditions).

4.3. The law of the Russian Federation shall apply to this Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement.

4.3. The User has the right to send all suggestions or questions regarding this Agreement to the Insales User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, pp. 11-12 BC "Stendhal" LLC "Insales Rus".

Publication date: 01.12.2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

Insales Rus LLC

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Academician Ilyushin, 4, building 1, office 11

Mailing address:

107078, Moscow, st. Novoryazanskaya, 18, building 11-12, BC "Stendhal"

TIN: 7714843760 KPP: 771401001

Bank details: