of October 11, 2021 No. 634
About approval of regulatory legal acts in the field of regulation of turnover of food and technical ethyl alcohol, alcoholic and tobacco products
According to the Presidential decree of the Republic of Uzbekistan of July 23, 2020 No. UP-6033 "About Enhancement of Management System in the field of Production and Regulation of Turnover of Alcoholic and Tobacco Products" and the resolution of the President of the Republic of Uzbekistan of July 23, 2020 No. PP-4787 "About the organization of activities of the Agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan" the DECIDES: Cabinet of Ministers
1. Approve:
Regulations on procedure for equipment by the measuring equipment, and also means of automatic measurement and accounting of amount in case of production of food and technical ethyl alcohol, alcoholic products according to appendix No. 1, providing installation of the measuring equipment, and also other means of accounting and fixing transferring information to information system of accounting in case of production of food and technical ethyl alcohol, alcoholic products;
Regulations on procedure of test purchase of alcoholic and tobacco products, and also conducting their examination (testing) according to appendix No. 2, the providing implementation of test purchase of alcoholic and tobacco products on retailers and public catering, conducting examination of their samples in test laboratories and financing of these expenses.
2. To agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan together with the interested ministries and departments in two-month time to bring the regulatory legal acts adopted by them into accord with this resolution.
3. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan concerning development of agrarian and food spheres Ganiyev Sh. M.
Prime Minister of the Republic of Uzbekistan
A. Aripov
Appendix №1
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 11, 2021. No. 634
1. This Provision determines procedure for installation of the measuring equipment, and also other means of accounting and fixing transferring information to information system of accounting in case of production of food and technical ethyl alcohol (further - ethyl alcohol), alcoholic products.
In case of interruption in supply of ethyl alcohol and alcoholic products the gage shall be stopped, and in case of gage stop in case of continuous giving of products from the capital equipment, production process is transferred to other gage.
2. In this Provision the following basic concepts are used:
distillates - the wine-making products (distillates wine, grape, fruit and fruit, cognac, kalvadosny and viskovy) received by the simple and/or fractioned distillation and/or rectification of the fermented must or the processed wine raw materials (wine materials), alcohol-containing barmy and gushchevy rainfall, the weight received from pressing of grapes and other alcohol-containing products, raw materials in case of production of alcoholic products;
the doser - the device automatically measuring (dosing) the weight or amount of liquid and loose substances;
gages (electronic meters) - the technical means used to measurements and having the normalized metrological properties;
epruvetka - the device in semi-glass form determining volume fraction of ethyl alcohol as a part of the passing liquid before giving in department of pouring;
head fraction of ethyl alcohol (further - efiroaldegidny fraction or EAF) - water спиртовый solution with high concentration of flying dopolnitel and volume fraction (degree) of ethyl alcohol is at least 92, percent in structure, allocated as a result of bragorektifikation of ready yeast or rectification of the ethyl alcohol raw received from food raw materials, being additional product of production process of the rectified ethyl alcohol from food raw materials;
2. In the organizations for production of ethyl alcohol (except for wine, grape, fruit and fruit, cognac, Calvados, viskovy distillates and alcohols), gages of amount, temperature of finished goods and density of finished goods are established in the following places:
after epruvetka (lamp) before transfer of ethyl alcohol to drain department (spirtopriyemny department) or on finished goods warehouse (spirtokhranilishche);
in spirtootpuskny department after measuring tank before filling (shipment) ethyl alcohol to consumer pack in case of delivery to his consumers railway, automobile or other mode of transport, and also transfer of ethyl alcohol to separate division of the organization.
3. In the organizations making EAF, gages of amount, temperature of finished goods and density of finished goods are established in the following places:
after the refrigerator before transfer of EAF to spirtopriyemny department and on finished goods warehouse (spirtokhranilishche);
in spirtootpuskny department after measuring tank before shipment of EAF to zheleenodorozhny and transport container in case of sending EAF to consumers railway or other vehicle;
in spirtopriyemny department EAF before filling (shipment) EAF to container after measuring tank in case of sending EAF to separate division of the organization.
4. In the organizations for production of alcoholic products (except for natural wine, fruit and fruit and berry wine, sparkling (champagne), gassy wine, wine drinks without addition of food ethyl alcohol, beer and beer drinks) gages of amount, temperature of finished goods and density of the finished goods spilled in consumer pack are established in the following places:
in reception before transfer on warehouse (spirtokhranilishche, vinokhranilishche) in case of the purchase of food ethyl alcohol and alcoholic products used as raw materials;
on the equipment (automatic) pouring, the doser and their complete installation;
In the organizations for production of alcoholic products of gage, providing accounting of products poured in consumer pack are established after packing machines (automatic machine), corking, labeling machines before transfer of products poured in consumer pack on warehouse.
5. In the organizations for production of alcoholic products (except for natural wine, fruit and fruit and berry wine, sparkling (champagne), gassy wine, wine drinks without addition of food ethyl alcohol, beer and beer drinks) gages of amount, temperature of finished goods and density of the finished goods which are not spilled in consumer pack are established in the following places:
in reception before transfer on warehouse (spirtokhranilishche, vinokhranilishche) in case of the purchase of food ethyl alcohol and alcoholic products used as raw materials;
after the last engineering procedure before transfer of the alcoholic products which are not poured in consumer pack on warehouse;
after measuring tank before transfer to holiday department in case of delivery to the consumer (buyer), and also when using who is not poured in consumer pack of alcoholic products for own needs of structural division of the organization is not poured in consumer pack of alcoholic products.
6. In case of purchase (obtaining from separate division of this organization) the wine products used as raw materials, the organizations for production of natural wine, fruit and fruit and berry wine, sparkling (champagne), gassy wine, wine drinks without addition of food ethyl alcohol, the gages providing measurement of amount of products are established in reception before transfer on warehouse (vinokhranilishche).
In the organizations of gage, providing accounting of the products specified in this Item poured in consumer pack are established after the packing machine (the machine (automatic machine) of pouring, complete installation, the doser, etc.) before transfer of products poured in consumer pack on warehouse.
7. In the organizations for production of wine, in case of the purchase of wine distillate, wine alcohol, grape distillate or the rectified grape alcohol used as raw materials, the gages providing measurement of amount, temperature of finished goods and density of finished goods are established in reception before transfer on warehouse (spirtokhranilishche).
The gages of amount of finished goods specified in this Item are established in the following places of the organizations:
in reception before transfer on warehouse (vinokhranilishche) in case of purchase of wine products for use as raw materials or obtaining from separate division of this organization;
in holiday department before filling (loading) in transport container of the consumer (buyer) in case of delivery of wine products or transfer of this organization to separate division.
8. In the organizations for production of distillates (including wine, grape, fruit and berry, cognac, kalvadosny, viskovy, and also wine and grape alcohols) the gages providing measurement of amount, temperature of finished goods and density of finished goods are established in the following places:
after distillation installation (device) before transfer on warehouse;
before filling (shipment) distillates (including, wine, grape, fruit and berry, cognac, kalvadosny, viskovy, and also wine and grape alcohols) in transport container to the consumer (buyer) in case of delivery (sending to separate division of this organization).
In case of purchase of the wine materials used as raw materials or obtaining from separate division of the organization, gage of amount of finished goods is established in reception of the organizations specified in this Item before transfer of products on warehouse.
9. In the organizations for production of the fortified wine products spilled in consumer pack, in case of purchase of wine and grape distillate, wine and grape alcohol, the rectified grape alcohol, other fruit and berry distillates for use as raw materials, the gages providing measurement of amount, temperature of finished goods and density of finished goods are established in reception before transfer on warehouse (stuffy and vinokhranilishche).
In case of production of fortified wine products of gage of amount of finished goods are established in the following places of the organization:
in reception before transfer on warehouse (vinokhranilishche) in case of purchase of wine products for use as raw materials (obtaining from separate division of the organization);
after account (pressure head) reservoir in front of the packing machine (automatic machine) (machine (automatically) of pouring, complete installation, the doser etc.).
In the organizations specified in this Item, the gages providing accounting of products poured in consumer pack are established on the line of pouring after machines (automatic machines) with combination of functions of packing (pouring) and packing.
10. In the organizations for production of beer and the beer products spilled in container, gages of amount of finished goods of this type are established after account (pressure head) reservoir (forfas) in front of the packing machine (automatic machine) (machine (automatically) of pouring, complete installation, the doser, etc.).
In the organizations specified in this Item, the gages providing accounting of products poured in consumer pack are established on the line of pouring of machines (automatic machines) with combination of functions of packing (pouring) and packing.
11. Equipment by gages is performed based on requirements of this resolution, and also according to requirements of technical documentation of the equipment for their maintenance.
Carrying out checking of the equipment is performed once in each two years according to acts of the legislation.
12. Places of equipment of the capital processing equipment gages specified the organization in the scheme of equipment of the capital processing equipment gages (further - the scheme of equipment).
13. The scheme of equipment for спиртохранилищ, винохранилищ, lines of pouring of alcoholic products and other production rooms in which gages are established is constituted otdeleniyeno on each object in duplicate.
The scheme of equipment is signed by the head of the organization and certified by seal of the organization.
14. After equipment of the capital processing equipment of gage are sealed (are sealed up) by the authorized employee of the Agency on regulation of the alcoholic and tobacco market and to development of winemaking of the Republic of Uzbekistan (further - the Agency) in the presence of the authorized representative of the organization for the location of the organization or for the location of its structural division, with creation of the act.
The authorized employee of the Agency in the scheme of equipment makes the corresponding record with indication of number and date of creation of the act of sealing (removal of seal).
The act of sealing (removal of seal) is integral part of the scheme of equipment in which data on the established seals and (or) holographic stickers, the description of type of seal and (or) number of seals (holographic stickers) used when sealing (sealing) and also places of their placement are specified.
The act of sealing (removal of seal) is signed by the authorized person of the organization, being present during sealing (removal of seal) of gages, and also the representative of the Agency.
15. One copy of the scheme of equipment constituted according to requirements of Items 12 - the 14th this provision, remains in the organization, and the second copy is stored in the Agency.
16. Persons guilty of violation of requirements of this provision bear responsibility according to the legislation.
Appendix № 2
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 11, 2021 No. 634
1. This Provision determines procedure of test purchase of alcoholic and tobacco products on retailers and public catering, carrying out together with authorized bodies of examination for the purpose of determination of their compliance to requirements of regulating documents in the field of technical regulation, and also compensation of these expenses at the expense of Fund of development of winemaking of the Agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan (further - the Agency).
2. In this Provision the following basic concepts are used:
test purchase - complex of the events held for the purpose of identification of illicit trafficking in the alcoholic and tobacco products sold to consumers in Items of retail trade and at catering establishments and also determination of the factors influencing emergence of "shadow economy" and low-quality products by control of compliance to requirements of regulating documents in the field of technical regulation;
testing - method of the analysis of products in vitro and estimates of analysis results for the purpose of studying of compliance to requirements of regulating documents in the field of technical regulation;
examination - complex of organization-legal assessment works and to the analysis of correctness of the mandatory requirements imposed to safety of products according to requirements of regulating documents in the field of technical regulation.
3. Test purchase and further conducting examination (testing) is performed by representatives of the Agency according to this Provision according to the scheme according to appendix by means of acquisition of alcoholic and tobacco products and examination (testing) in akcreditirovanny test laboratories, without intervention in financial and economic activities of subjects of entrepreneurship.
4. One of the following bases can be the basis for test purchase:
the plan of carrying out test purchase approved by the director of the Agency and posted on the official website of the Agency;
information which arrived from authorized bodies, including from law enforcement agencies, the messages published in mass media, sources and social networks of the world information Internet;
the addresses which arrived from physical persons and legal entities according to the procedure, established by the legislation;
orders of Administration of the President of the Republic of Uzbekistan, Cabinet of Ministers of the Republic of Uzbekistan.
5. The plan of carrying out test purchase is annually created by the Agency and affirms the director of the Agency, by the Agency changes and additions can be also made to this plan.
6. In respect of carrying out test purchase the following data are specified:
period of carrying out test purchase (year, month);
venue of action (area, city, area);
mandatory requirements which observance is subject to assessment during test purchase;
the name of goods concerning which test purchase is carried out.
7. Carrying out test purchase and examination (testing) of products is performed by the Agency based on the principles of legality, openness, objectivity, justice, equality and transparency after the notification of the Representative for protection of the rights and legitimate interests of subjects of entrepreneurship in case of the President of the Republic of Uzbekistan.
8. The director of the Agency issues the order on implementation of test purchase in one day prior to holding action.
9. The order shall contain the following data:
surname, name, middle name and position of the authorized employee or staff of the Agency;
the name of the legal entity or surname, name, otchetstvo of the individual entrepreneur at which test purchase, and also the postal address of the place of direct carrying out test purchase is carried out;
identification taxpayer number of the legal entity or individual entrepreneur at which test purchase, and also date and license number and/or other documents issued for activities implementation is carried out;
the mandatory requirements which are subject to assessment when carrying out test purchase;
basis for implementation of test purchase;
product name, acquired during test purchase, quantity, information on purchase and implementation of payment;
terms of implementation of test purchase (year, month, day);
information on need of photo and video filming during test purchase;
other data necessary for implementation of test purchase concerning alcoholic products.
10. Test purchase is conducted by the responsibles of the Agency specified in the order on its carrying out.
11. Test purchase is considered the established form performed only in case of execution of the cash register receipt and/or other document.
12. After completion of test purchase the employee of the Agency responsible for carrying out test purchase reports to the representative of the legal entity to either the individual entrepreneur or his representative about carrying out test purchase, shows the official ID and represents the copy of the order on carrying out to test purchase.
The representative of the legal entity either the individual entrepreneur or his representative makes the corresponding record about acquaintance with the order on carrying out test purchase and receipt of its copy in the act of carrying out test purchase.
In case of refusal the representative of the legal entity or the individual entrepreneur or his representative from acquaintance with the order on carrying out test purchase and/or receipt of its copy, the relevant data on it are entered in the act.
13. Elimination by the legal entity or individual entrepreneur of shortcomings of products or implementation of retail trade before completion of test purchase is not allowed.
14. The standard form of the act affirms the Agency. In the act it is specified the following data:
date, time and place of creation of the act;
the name of the state body participating in carrying out test purchase (in the presence);
date and number of the order on carrying out test purchase;
surname, name, middle name and position of the official or persons who were carrying out test purchase;
the name of the legal entity or surname, name, otchetstvo of the individual entrepreneur, the location of the legal entity, the place of implementation of activities of the individual entrepreneur and (or) the actual address of implementation of activities of the individual entrepreneur where test purchase is carried directly out;
products acquired during test purchase (type, expiration date, amount of packaging of products and quantity of samples), data on their purchase and implementation of payment;
the elicited facts connected with violation of mandatory requirements, or data on their absence;
data on acquaintance of the representative of the legal entity or the individual entrepreneur or his representative with the order on carrying out test purchase and receipt of its copy, or on refusal of the representative of the legal entity or the individual entrepreneur or his representative from acquaintance with the order on carrying out test purchase and receipt of its copy;
information about the witnesses (in case of participation) participating in carrying out test purchase or about use of photo and video filming;
other data provided by the order on carrying out test purchase;
the signature of the responsible (employees) who was carrying out test purchase and also signatures of the witnesses (in case of participation) participating in carrying out test purchase;
the place for the signature of the representative of the legal entity or the individual entrepreneur or his representative or data on refusal of signature;
data on need of conducting examination (testing).
15. The act is submitted for signing to the representative of the legal entity to either the individual entrepreneur or his representative in presence of witnesses.
As the witness any disinterested full age capable physical person which is not consisting in relationship under the direction of or control of participants of test purchase can be invited. The number of witnesses cannot be less than two people.
In cases of refusal of the representative of the legal entity or individual entrepreneur or his representative of signing of the act, in the act information on refusal of signature is entered.
The copy of the act is issued to the representative of the legal entity to either the individual entrepreneur or his representative right after creation.
216
16. In case of the direction of products acquired during test purchase for conducting examination, in the act the corresponding record with indication of the list of these products with the put-down mark is made.
The direction of products for conducting examination (on transport) and storage is performed according to requirements of transportation and storage of products according to regulating documents in the field of technical regulation.
17. The documents confirming purchase of goods, cash and sales receipts are attached to the act.
18. The responsible of the Agency when carrying out test purchase:
independently chooses products according to the name provided in the order and quantity;
signs the documents connected with implementation of test purchase and also performs other actions necessary for acquisition of products;
requests the documents which are subject to representation according to the consumer protection law and data on products, without intervention in financial and economic activities of the subject of predprinmatelstvo;
in case of need uses means of photo and video filming.
19. Conducting examination of the alcoholic and tobacco products acquired on test purchase is performed on site, and testing - in akcreditirovanny test laboratories.
20. Conducting examination of products is performed by the responsible (employees) of the Agency only for the purpose of selection for testing of products.
At the same time expertize is carried out concerning observance of the following requirements:
storage conditions of products in trade Item;
compliance of marking of alcoholic and tobacco products to requirements of regulating documents in the field of technical regulation;
adherence to deadline of the validity, established by the producer.
21. Conducting testing of products expired in test laboratories is not allowed. In case of identification of such products on retailers and public catering, the measures provided by acts of the legislation are applied to the legal entity or the individual entrepreneur.
22. Products acquired during test purchase for conducting testing are subject to loading and storage by retailers and public catering according to the established conditions, without causing damage by it.
23. In case of need of testing of products, it shall be brought to test laboratory no later than day of completion of test purchase.
24. Conducting testing of products is performed by the Agency on contractual basis in the state and non-state test laboratories, akcreditirovanny in national accreditation system.
25. The product samples received during test purchase go to test laboratories the responsible of the Agency in the quantity established by regulating documents with the prigayemy document with remote and completely hidden trade names, but with preserving consumer packaging, together with the order on carrying out test purchase.
26. In the enclosed documents it is specified:
number and date of the enclosed document;
surname, name, otchetstvo, position and the signature of the responsible person on delivery of product samples;
surname, name, otchetstvo, position and the signature of the responsible person of test laboratory accepting product samples for conducting testing;
number and date of the act of carrying out test purchase;
product name, date of production, amount of packaging of products, quantity of samples;
marks about observance of storage conditions on delivery product samples.
27. Testing of product samples is performed in the terms specified in the agreement according to regulating documents in the field of the technical regulation established concerning these products.
28. Results of examination (testing) go the Agency to the legal entity or the individual entrepreneur by mail or e-mail in time, not exceeding three working days from the moment of execution of test reports.
29. Results of examination (testing) on permanent basis are posted on the official website of the Agency.
30. In case of identification by results of examination (testing) of the facts which are not corresponding to rules of trade, requirements of regulating documents in the field of technical regulation of products, the Agency submits the relevant documents to authorized bodies which to perpetrators apply measures according to acts of the legislation.
31. Financing of the works connected with test purchase and also the works connected with conducting testing of products is performed by fund of development of winemaking of the Agency.
32. Expenses on test purchase are completely refunded to the employees approved by the order of the head of the Agency on carrying out test purchase based on supporting documents by fund of development of winemaking.
At the same time based on request of the employee responsible for carrying out test purchase, and sample calculations for the bank plastic card belonging to the employee the advance payment can be paid, and this advance payment is considered in the report with appendix of all proving documents no later than three working days after completion of test purchase.
These expenses are planned in separate expense description in expense budget of the Agency.
When implementing test purchase with use of cash, documents on implementation of purchase the documents confirming purchase implementation are filed (the cash register receipt, etc.).
33. The responsible of the Agency bears responsibility for carrying out test purchases according to the legislation.
34. The results of test purchase, photo and video content collected during its implementation can be posted on the official website of the Agency, and also are published in media with observance of requirements of the legislation on personal data and trade secret.
35. When implementing test purchase intervention in financial and economic activities of legal entities or individual entrepreneurs, and also conducting checks is strictly forbidden.
36. Persons guilty of violation of requirements of this provision bear responsibility according to acts of the legislation.
37. Persons interfering accomplishment of the tasks and functions assigned to the Agency bear responsibility according to the procedure, established by acts of the legislation.
38. The seller (the producer, the contractor) has the right to appeal results of carrying out test purchase and examination (testing) of products in court in accordance with the established procedure.
to Regulations on procedure of test purchase of alcoholic and tobacco products, and also conducting their examination (testing)
Scheme of implementation of purchase and conducting examination (testing) of alcoholic and tobacco products
|
Stages |
Subjects |
Actions |
Terms | |||
|
1st stage |
Agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan |
1. Creates and approves the plan of carrying out test purchase. 2. Posts the plan of carrying out test purchase on the official website. |
Annually in January | |||
|
2nd stage |
Director of the Agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan |
1. Issues the order according to the approved plan, and also based on the data which arrived from authorized bodies, messages published in media, sources and social networks of the world information Internet. 2. Notifies the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship on holding actions for test purchase. |
In 1 day prior to holding action | |||
|
3rd stage |
Responsible of the Agency on regulation of the alcoholic and tobacco market and to development of winemaking of the Republic of Uzbekistan |
1. Acquires (with departure into place) the corresponding products at the business entity specified in the order. |
In the day specified in the order | |||
|
2. Sends in accordance with the established procedure the acquired samples to test laboratory. |
In day of carrying out test purchase | |||||
|
4th stage |
Akcreditirovanny state and non-state laboratories |
Holds testing of product samples and sends test reports to the Agency. |
In the terms established by technical documentation and the agreement | |||
|
5th stage |
Agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan |
1. Sends results of examination (testing) to the legal entity or the individual entrepreneur by mail or e-mail. 2. In case of identification by results of examination of the facts which are not conforming to requirements of regulating documents in the field of technical regulation sends the relevant documents to authorized bodies. |
Within 3 working days from the date of receipt of results of testing | |||
|
6th stage |
Agency on regulation of the alcoholic and tobacco market and development of winemaking of the Republic of Uzbekistan |
Places results of test purchase, collected photo and video content on the official website, and also publishes in media with observance of requirements of the legislation. |
By results of test purchase | |||
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