Preparing for a Rospotrebnadzor inspection: a checklist for the manager, what is being checked?

What types of Rospotrebnadzor inspections are there?

There are 4 types of verification activities that Rospotrebnadzor uses in its practice:

Scheduled checks

Such inspections are carried out according to schedule. A routine inspection of an enterprise is carried out once every 3 years. Every year, a schedule of inspection actions is drawn up, which can be viewed on the official Internet resource of the department - https://rospotrebnadzor.ru. The entrepreneur is notified of this type of event (included in the plan) at least three days before its implementation. Such a notification is given to the responsible person at the enterprise or sent by mail.

In order to reduce the administrative burden on private business entities, as well as to prevent abuse during inspections by departments of various profiles, since 2020, private small and medium-sized enterprises (legal entities, as well as individual entrepreneurs) in Russia have been exempted from scheduled inspections by Rospotrebnadzor. Having adopted Law No. 480-FZ of December 25, 2018, parliamentarians extended the “testing holiday” in this area until December 31, 2020.

Documentary verification

This event is carried out on the territory of the organization (Rospotrebnadzor), or more precisely, in its territorial division. The inspection is carried out using official documents provided by the business entity confirming its compliance with the current legislation in the field of consumer markets, as well as the regulations of the department itself.

Unscheduled inspection

Unscheduled inspections by Rospotrebnadzor are also carried out on the basis of consumer complaints and other (including operational) information that is received by the central office of the department. An unscheduled inspection is usually carried out on site when potential violations are identified. However, the lack of planning for this action does not mean that the enterprise where the inspection is to be carried out is not notified about it. (This is simply necessary to ensure that responsible employees are at their workplaces).

They do not always warn: the exception is enterprises associated with the production and sale of food products - here an unscheduled inspection by Rospotrebnadzor is carried out without warning.

On-site inspection

The basis for organizing such an event, as a rule, is numerous consumer complaints that continue to be received by the department even after unscheduled raids and measures to prevent violations. Such verification is carried out to prevent potential harm to the life and health of a large number of citizens. Rospotrebnadzor employees personally arrive at the enterprise, where they carry out a total inspection of all aspects of economic activity that affect the quality of the final product.

An on-site inspection is most often unscheduled and its goal is not to correct individual “shortcomings” in the operation of the enterprise, but to most effectively suppress the spread of harm. So, based on the results of an on-site inspection, the activities of the enterprise may be suspended.

Inspecting classrooms at school - what to look for

The activities of educational institutions are aimed at teaching children; management and all employees need to ensure a positive impact on the emotional state of students.
Therefore, inspectors will be interested in whether teachers have specialized education. In addition, the supervisory authority will conduct a study of the existing premises and their compliance with current standards:

• at what distance is the chalkboard from the first desk (at least 240 cm), from the last desk 860 cm is allowed;
• Are the tables and chairs comfortable for students?
• does school furniture meet approved standards;
• The classroom area should be proportionate to the number of students;
• artificial lighting of classrooms should be combined with natural light;
• the ventilation system must be in working order;
• the presence of sinks for washing in classrooms for primary classes, as well as in rooms intended for classes in drawing, home economics, chemistry, physics, and biology;

In what cases is an unscheduled inspection of Rospotrebnadzor carried out?

The basis for conducting an unscheduled inspection by Rospotrebnadzor, as already noted, is reports from the field about violations present at a specific facility (enterprise) - complaints from consumers. However, not every such request can initiate an inspection, and even an unscheduled one. So, what conditions must be met in order for verification activities to be carried out:

• The application must not be written anonymously. The agency considers “incognito denunciations” as violating the right of responsible persons at the enterprise to an objective investigation of the circumstances that led to violations.
• The statement must provide a detailed description of each violation. From this document it should be clear what exactly the citizen is complaining about and how it is related to the activities of the enterprise that is the subject of the application.
• Also, unscheduled inspections are carried out after the expiration of the period allocated to the entrepreneur to fulfill a previously issued order (if any) to eliminate violations and inconsistencies discovered during the previous scheduled inspection.

The rules for conducting an unscheduled inspection by Rospotrebnadzor provide that such emergency measures must be carried out in agreement with the Prosecutor's Office of the Russian Federation. In other words, this requires the approval of a prosecutor. And only if:

• there is a danger to the health or even the life of citizens and/or animals;
• The alleged violations occur at a facility associated with the production and distribution of food products.

Only in these cases does Rospotrebnadzor, by law, have the right to “arrive”, firstly, without warning, and secondly, without having a sanction from the Prosecutor’s Office.

What is checked in the school medical office?

To protect the health of schoolchildren, it is necessary that the offices of medical workers be equipped with special equipment.

It is also required that:

• honey. the offices were located on the first floor of the educational institution;
• there were sinks for washing;
• walls, ceilings, floors were covered with materials convenient for high-quality cleaning and disinfection of surfaces;
• there were means and containers for waste disinfection;
• The first aid kit was replenished in a timely manner to provide emergency care.
• The expiration date of existing medications is carefully checked; the fact of detection of expired medications will be reflected in the inspection report.

The procedure for conducting an unscheduled inspection by Rospotrebnadzor

So, an unscheduled check could be:

• Documentary : it is required to provide official documents to the RPN confirming the enterprise’s compliance with current legislation and the unfoundedness of registered claims.
• On-site : RPN employees themselves identify everything on site.

IMPORTANT : the period for conducting an unscheduled inspection of any type cannot exceed 20 calendar days.

In normal mode, everything starts with a documentary check. During its initiation, the inspector has the right to request a strictly defined list of documents. The law prohibits demanding from responsible persons of the enterprise official documents that are not related to the essence of the matter.

EXAMPLE : in the case of checking the compliance of production control technology with specified standards and requirements, an RPN employee cannot require a conclusion on the completion of a routine medical examination by the company’s personnel. In accordance with RPN order No. 302N, only the medical institution, and not the employing enterprise, must respond to such a request.

You can submit documents to the RPN either in the form of simple (not notarized copies) or in the form of scanned copies via email.

An on-site inspection is carried out if:

• after conducting a documentary check, the department will continue to receive statements of violations;
• after formal elimination of violations identified during the documentary check (within 10 days after sending an official notification about this by the RPN), department employees will have reasonable doubts that all errors or contradictions have actually been eliminated.

What is Rospotrebnadzor

Rospotrebnadzor is a budgetary organization specializing in conducting events to control the economic activities of commercial entities. It is important to note that these authorities can conduct inspections of both small businesses and large organizations. The main task of this body is to protect consumer rights. To perform this function, inspectors check the quality of goods produced and services provided, and also determine the degree of their compliance with state standards.

The organ in question has a developed internal structure, which includes several different divisions. Separate units are engaged in epidemiological control. It should be noted here that not only private companies, but also budgetary organizations are subject to inspection. This body may also conduct inspections of public facilities. This means that this agency can conduct an inspection both in a grocery store and in a city park.

Unscheduled on-site inspection of Rospotrebnadzor

The procedure begins with both parties presenting their identification documents to each other (in accordance with Law No. 294-FZ):

• The company being inspected must represent either the general director or a person authorized by him, who must have a notarized power of attorney.
• The RPN employee is obliged to present his official ID, familiarize the director (or an employee authorized by him) with his rights and responsibilities, and also present an order for Rospotrebnadzor to conduct an unscheduled inspection. It must indicate: the subject of the verification activities (what exactly is being checked);
• a list of employees performing the inspection, as well as their powers.

Any third parties not named in this order have no right to take part in the verification procedure (including independent experts hired by one of the parties).

Inspectors at the facility should be provided with most favored nation treatment:

• all doors in the inspected premises must already be open or open upon request;
• For all questions, the necessary explanations must be given and supporting documents must be provided.

ATTENTION! It is much more profitable to immediately draw the attention of RPN employees to violations (if there are any) and ask them to reflect the fact of your cooperation with them in the protocol than to wait for them to identify them on their own. This will create a loyal attitude towards you during the procedure for determining penalties and during possible subsequent proceedings in court.

Promoting the activities of inspectors can also help in the courts if you consider the inspectors’ conclusions to be unfounded and biased. Provided that the reason for the fine is in fact of little significance, the court may reduce the amount of the fine by 2 times. Therefore, the main task during the inspection itself is not to multiply the number of these reasons.

Unscheduled inspection of Rospotrebnadzor without warning - is it legal?

Yes, it is legal, but only in cases where there are appropriate prerequisites for this. And this means the following reasons:

• Substantiated statements (not anonymous) from citizens about serious violations of the law committed on the territory and/or by employees of the inspected enterprise. In this case, supporting documents must be attached to the applications: cash receipts, audio and video recordings, advertising materials, etc.

IMPORTANT! The gradation of the severity of the violations committed can be found on the RPN Internet portal, but trade in counterfeit alcohol can be cited as a striking example.

An unscheduled inspection of a store (for example) by Rospotrebnadzor without warning can be carried out if there are reasonable fears that people or animals may suffer en masse as a result of violation of legal norms and rules.

Should Rospotrebnadzor warn about an unscheduled inspection?

It should be remembered that the very fact of warning the RPN about an unscheduled inspection is not the responsibility of this department! The presence of sufficient grounds is the “internal kitchen” of the RPN, where they also do not want to interfere with the work of private enterprises without special reasons. (Therefore, there must be a compelling reason for such emergency verification actions). But the responsible person of the inspected enterprise cannot complain that the Rospotrebnadzor inspection was carried out without advance notice.

How is the verification carried out?

A novice entrepreneur needs to carefully study the procedure for conducting inspections from regulatory authorities. Studying this issue will allow a businessman to avoid possible mistakes that could lead to fines and disqualification. First of all, it is necessary to obtain a list of documents that are of interest to inspectors of the supervisory authority and a plan for carrying out these activities. It is important to note that conducting an inspection for more than twenty days is a serious violation on the part of the regulatory authority. The only exception to this rule is situations in which inspectors have formal permission to conduct a lengthy inspection of the subject.

Employee training

As we said above, every business owner must know all the rights and obligations not only of control authorities, but also of their employees. Having learned about the upcoming inspection, the entrepreneur needs to put all the documentation in order. During these activities, various local acts, licenses, certificates, sanitary passports and other permits may be required.

You need to understand that the current laws contain a large number of different rules that are very difficult to remember for a person who has little understanding of legal issues . In this case, it is more advisable to hire competent lawyers who will train personnel. It is important to understand that even involuntary obstruction of inspection activities may result in the imposition of penalties in accordance with the Code of Administrative Offenses.

There are several dozen different law firms operating on the territory of the Russian Federation that train personnel to conduct inspections. Representatives of these companies are developing standards and job descriptions that should be used by each employee during control activities.

Who must attend

It is important to note that representatives of Rospotrebnadzor cannot begin an inspection in the absence of the head of the company or his replacement . If it is not possible to be present during the inspection, the business owner must select an employee who will interact with the inspector.

According to the established rules, the owner of the company is given the right to use the services of a lawyer who will ensure that the regulatory authorities do not exceed their powers. In order to protect his interests, a businessman can contact the society for the protection of the rights of entrepreneurs. Many experts strongly recommend that newcomers to the field of commerce hire lawyers who will monitor the progress of the audit.

Almost any enterprise can be inspected, but most often companies that work closely with the public are inspected

Required documents from Rospotrebnadzor inspectors

During the first meeting with representatives of the authority in question, it is necessary to make sure that the inspectors have complied with all the requirements for this procedure. The Rospotrebnadzor inspector is obliged to provide the entrepreneur with a copy of the management’s order on the need to carry out planned activities. This document must be certified with the official seal. Also, service employees are required to show the entrepreneur their identity cards confirming their membership in the control authorities.

Unscheduled inspection of Rospotrebnadzor based on a complaint

Most often, unscheduled inspections are carried out by RPN in the following areas:

• retail;
• catering facilities;
• consumer services sector;
• construction sector.

Applications are accepted either in person (at the application window in each territorial office of the RPN) or online - by e-mail. In emergency cases, you can leave a voice message by calling the telephone hotline.

IMPORTANT! In any option for filing a complaint, the applicant’s data is required (if filing an electronic complaint, a qualified electronic signature is required). Anonymous applications will not be accepted for consideration.

Before a case is initiated and an order to conduct an unscheduled inspection is issued on its basis, the applicant will have to:

• Appear at the supervisory activities department and provide detailed testimony on the merits of the issue.
• Provide evidence of improper provision of services, or the sale of goods of obviously poor quality. These may be cash receipts, advertising materials, etc., which may indicate that actual results differ from the declared ones.
• Provide your personal data (in particular, you will need to present your passport).

IMPORTANT! The applicant has the right to demand that his personal data be excluded from the case file.

Rospotrebnadzor - unscheduled inspection of individual entrepreneurs

Verification actions in relation to legal entities and individual entrepreneurs are practically no different in their regulations. The difference is only in the total amount of time during which verification activities can last:

• For small businesses, the total inspection time should not exceed 50 hours per year.
• For micro-enterprises (this includes individual entrepreneurs with a number of employees not exceeding 15 people) – no more than 15 hours.

Extension of the inspection is carried out only if there are grounds by decision of the head of the territorial office of the RPN. In this case, verification actions must be carried out during business hours.