Sanitary violations are punishable. Penalties for violations of sanitary standards by public catering organizations may be increased

Compliance with sanitary standards in the enterprise is an important responsibility of the management. Unfortunately to follow legal acts in this area in in full succeeds not always. The reasons can be both subjective - such issues are considered both secondary and objective - no necessary conditions or funds. Nevertheless, the legislation provides for, and they are quite serious - up to the closure of the enterprise. How to avoid sanctions for such violations and what to do if the fine has already been issued? The answers to these questions are in this article.

Monitoring compliance with sanitary standards

State control over compliance with established sanitary and hygienic standards at enterprises is carried out by SES - the sanitary and epidemiological service. The authority of this structure includes the ability to conduct inspections - both scheduled and unscheduled, as well as issue certificates of compliance with the requirements of sanitary and hygienic standards in cases where it is necessary to obtain licenses (for example, in the production of food or the sale ready meals). Another function of the SES is sanctions against those enterprises that do not comply with established norms and allow them to be violated.

If during the inspection by the employees of the sanitary and epidemiological service it is revealed that the sanitary and hygienic standards are not observed, the enterprise expects responsibility for their violation. That, what is the responsibility for violation health legislation expects the company in each case depends on various factors:

• type of activity - the punishment for enterprises in the field of food production and catering is significantly stricter than in other areas;
• whether there have been violations before - if the problem is discovered for the first time, the sanctions will be softer compared to those companies where similar problems arose earlier;
• consequences of the violation - if non-compliance with sanitary standards has caused consumer poisoning or other serious problems, the responsibility will be significantly higher, up to a criminal case.

In most cases, the first detected case of violation of sanitary and hygienic standards leads to a warning for those responsible. The following violations will be the basis for the imposition of fines:

• officials, private entrepreneurs - 20-30 minimum wages;
• legal entities - 200-300 minimum wages.

If the problem is not resolved in the future, the amount of fines will increase, and it is also possible to suspend the company's activities until the situation is corrected. In the event of mass poisoning or other diseases due to the fault of the enterprise, criminal proceedings may be opened against officials with a maximum penalty of up to 2 years in prison. If the violations resulted in death, the maximum sentence for the perpetrators is 5 years.

Responsibility for non-compliance is distributed among the employees of the enterprise. The main part of it falls on the head, because control over compliance sanitary regime lies on him, as well as on other members of the administration, if they are authorized to monitor compliance with sanitary and hygienic standards. The storekeeper, sellers, warehouse manager are responsible for the timing of the sale of products. The seller is also responsible for workplace and personal hygiene.

What to do if fined?

If, based on the results of the inspection, the SES commission came to the conclusion that the norms of legislation in the field of sanitary and hygienic standards are not fully observed at the enterprise, and issued a fine or other penalty, the decision can be challenged. If you do not agree with decision If you think that the inspectors violated the law or made other mistakes during the audit, you can try to appeal the imposition of a fine or reduce its amount, and also invalidate the audit act itself. To do this, you have 6 months from the date of the decision on collection. To appeal, please contact court of Arbitration at the place of registration of the company with a claim in which to indicate the essence of the claim against the supervisory authority, state the circumstances of the situation and arguments in their defense.

To increase the chances of a successful court decision, it is recommended to use. It will help analyze the decision, point out inaccuracies or inconsistencies, help form a position for defense, help draw up a competent and legally correct statement of claim– it is on its completeness and argumentation that the outcome of the consideration largely depends. If you wish, the lawyer can also represent you in court.

Conclusion

Violations of sanitary standards at the enterprise can lead to the imposition of sanctions - from a warning to serious fines and suspension of work. To avoid this, you need to strive to follow the sanitary requirements as much as possible and monitor their observance by all employees. If violations are identified and a fine is issued, you can try to appeal it to the arbitration court.

Carrying out preventive vaccinations;

Mandatory medical examination by persons employed in food enterprises, in children's groups, etc.

The evasion or refusal of a person to take preventive measures serves as the basis for the application of other measures of administrative coercion: preventive-compulsory (forced hospitalization, forced vaccinations) and administrative penalties (fines for evading preventive vaccinations, examinations, etc.).

Measures of administrative penalty serve not only as a means of eliminating sanitary and epidemiological violations, but also as a means of punishing violators in order to prevent such in the future. For violation of sanitary and anti-epidemic and sanitary and hygienic standards, an administrative penalty is provided in the form of a fine or the transfer of cases to administrative commissions, prosecutors, etc.

Types of responsibility for sanitary offenses. Appeal against the actions of officials

Responsibility for violation of sanitary legislation is provided for by Art. 27-31 of the law “On the sanitary and epidemiological welfare of the population”. A sanitary offense is an unlawful, guilty (intentional or negligent) act (action or inaction) associated with non-compliance with sanitary legislation, including those in force sanitary regulations, non-fulfillment of hygienic, anti-epidemic measures, conclusions, resolutions, orders and instructions of officials of bodies and institutions of the State Sanitary and Epidemiological Service. Officials and citizens who have committed a sanitary offense may be brought to disciplinary, administrative or criminal liability.

Disciplinary liability implies the imposition of disciplinary sanctions on officials and employees of enterprises provided for by the legislation of Russia, up to suspension from work, dismissal from their positions and dismissal. The heads of enterprises and organizations are obliged to impose disciplinary action on officials and employees who have committed a sanitary offense, on the proposal of the chief state sanitary doctor or his deputy.

In the order of administrative responsibility for committing a sanitary offense, administrative penalties in the form of a warning and a fine may be applied to officials and citizens. The fine is imposed by the decision of the chief state sanitary doctor or his deputy in the amount of: for officials - no more than the amount of three months' income; for working citizens - no more than the amount of monthly income.

Criminal liability arises for the commission of sanitary offenses that have caused or may cause the occurrence of mass diseases, poisoning and death of people. Officials and citizens are subject to criminal liability in accordance with the law Russian Federation.

Enterprises and organizations bear economic responsibility for violating sanitary legislation. Enterprises that allowed pollution environment, the release (or) sale of products, the use (use) of which led to the emergence of mass infectious or non-infectious diseases or poisoning of people, by order of the chief state sanitary doctor or his deputy, are obliged to: pay a fine to the local budget; reimburse the costs of medical and preventive and sanitary institutions for the provision of medical care patients, carrying out hygienic and anti-epidemic measures.

The procedure for appealing against decisions of officials of the State Sanitary and Epidemiological Service on the imposition of administrative penalties is set out in the “Instructions on the procedure for bringing officials, citizens to administrative responsibility and imposing fines on legal entities for sanitary offenses” (approved by order of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated July 7, 1993, No. 61).

The decision of the chief state sanitary doctor (or his deputy) on the imposition of a fine may be appealed to a higher chief state sanitary doctor (or his deputy) or to a district (city) court, the decision of which is final.

The decision to impose a warning may be appealed to a superior chief state sanitary doctor or his deputy, after which the complaint may be filed with the district (city) court, the decision of which is final. A complaint can be filed within 10 days from the date of the decision and is considered by a superior chief state sanitary doctor within 10 days from the date of its receipt.

The sequence of measures of administrative influence in case of sanitary offenses

The application of administrative measures is carried out in accordance with the “Instruction on the procedure for bringing officials, citizens to administrative responsibility and imposing fines on legal entities for sanitary offenses”. The process of bringing to administrative responsibility includes the following stages.

1. Statement of the fact of violation of the current sanitary and legal norm or non-compliance with fixed time the received order of the sanitary doctor (epidemiologist) on a specific issue of sanitary and anti-epidemic significance.

2. Identification of responsible persons and establishing their guilt in this case.

3. Initiation of a case on a sanitary offense (begins with the preparation of a protocol). The basis for this may be the facts of a sanitary examination, reports, protocols of laboratory and instrumental studies and other documents. A protocol on a sanitary offense may be drawn up by officials exercising state sanitary and epidemiological supervision. The protocol is signed by the person who drew it up and the person who committed the administrative offense.

4. Consideration of the case (at the same time, persons held liable, officials, a lawyer, witnesses, experts, etc. may participate). A decision on a protocol on a sanitary violation, imposition of a fine, etc., can be made by the chief doctor of the SSES center (chief state sanitary doctor or his deputy). More responsible cases can be transferred to administrative commissions, internal affairs bodies, the prosecutor's office, arbitration, etc.

Having considered the case of a sanitary offense, the chief state sanitary doctor or his deputy shall issue a decision on the imposition of an administrative penalty. Administrative measures are applied in the form of a warning or a fine. In accordance with paragraph 3 of Art. 29 of the Law “On the Sanitary and Epidemiological Welfare of the Population” establishes the following fines: for officials - no more than the amount of three months' income, for working citizens - no more than the amount of one month's income. The choice of measure is determined by the composition of the offense, the totality of mitigating circumstances identified during the consideration of the case.

Appeal of the decision. The decision to impose an administrative penalty may be appealed to a superior chief state sanitary doctor or to a court, the decision of which is final. The complaint is filed within 10 days after the ruling.

December 2, 2013

Rospotrebnadzor has developed a draft law providing for increased administrative and criminal liability for violations of sanitary and epidemiological requirements in the provision of services Catering population. The document is posted on a single portal for disclosing information on training federal authorities executive power draft normative legal acts and the results of their public discussion.

The explanatory note to the draft law recalls that administrative liability has been established for violating sanitary and epidemiological requirements for catering to the population in specially equipped places - canteens, restaurants, cafes, bars, etc., including when preparing food and drinks, storing and selling them. .

According to Rospotrebnadzor, for the period from 2010 to 2012, the number of decisions on bringing to administrative responsibility increased individual entrepreneurs and legal entities under this article, and the last increase in the sanction for this offense was in 2007.

Of particular concern is the scope of educational, health-improving children's institutions, children's sanatoriums, institutions children's recreation. So, in 2012, when checking the activities of children's and adolescent institutions, based on the results of an inspection of 90,270 institutions, more than 61 thousand violations of sanitary and epidemiological requirements for the organization of children's nutrition were identified.

Practice shows that it is more profitable for business entities that commit such offenses to pay an administrative fine than to eliminate the identified violation, since fines range from 1 to 1.5 thousand rubles. for citizens; from 2 to 3 thousand rubles. for officials and individual entrepreneurs, from 20 to 30 thousand rubles. for legal entities.

At the same time, notes Rospotrebnadzor, part 1, providing for administrative liability for violation of the requirements technical regulations, for individual entrepreneurs a fine of 20 to 30 thousand rubles is established, for legal entities - from 100 to 300 thousand rubles.

"At the same time, the public catering sector is no less associated with the threat of harm to the life and health of citizens due to non-compliance by business entities with sanitary and epidemiological requirements established by state authorities. sanitary regulations and norms," ​​emphasizes explanatory note to the bill.

In this regard, it is proposed to establish increased liability under Article 6.6 of the Code of Administrative Offenses of the Russian Federation: the imposition of an administrative fine on citizens in the amount of 3,000 to 5,000 rubles; for officials - from 10 to 20 thousand rubles; for individual entrepreneurs - from 20 to 30 thousand rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 100 to 300 thousand rubles. or administrative suspension of activities for up to 90 days.

The draft law also provides for the introduction of a separate qualifying element of a crime in part 2 if the production, storage or transportation for the purpose of marketing or the sale of goods and products, the performance of work or the provision of services that do not meet the requirements for the safety of life or health of consumers, are committed during storage, transportation or sale food products, food additives, food raw materials to the population.

In addition, it is proposed to increase administrative liability for obstructing the legitimate activities of an official of the body state control(supervision) for the implementation of inspections.

The full name of the draft law is "On Amendments to Certain legislative acts of the Russian Federation in terms of strengthening responsibility for violating sanitary and epidemiological requirements and obstructing an inspection."

Responsibility for violation of sanitary legislation is provided for by Art. 27-31 of the law “On the sanitary and epidemiological welfare of the population”. A sanitary offense is an unlawful, guilty (deliberate or careless) act (action or inaction) that infringes on the rights of citizens and the interests of society (action or inaction) associated with non-compliance with sanitary legislation, including current sanitary rules, failure to comply with hygienic, anti-epidemic measures, conclusions, resolutions, orders and instructions of officials of bodies and institutions of the State Sanitary and Epidemiological Service. Officials and citizens who have committed a sanitary offense may be brought to disciplinary, administrative or criminal liability.

Disciplinary liability implies the imposition of disciplinary sanctions on officials and employees of enterprises provided for by the legislation of Russia, up to suspension from work, dismissal from their positions and dismissal. The heads of enterprises and organizations are obliged to impose disciplinary sanctions on officials and employees who have committed a sanitary offense, on the proposal of the chief state sanitary doctor or his deputy.

In the order of administrative responsibility for committing a sanitary offense, administrative penalties in the form of a warning and a fine may be applied to officials and citizens. The fine is imposed by the decision of the chief state sanitary doctor or his deputy in the amount of: for officials - no more than the amount of three months' income; for working citizens - no more than the amount of monthly income.

Criminal liability arises for the commission of sanitary offenses that have caused or may cause the occurrence of mass diseases, poisoning and death of people. Officials and citizens are subject to criminal liability in accordance with the legislation of the Russian Federation.

Enterprises and organizations bear economic responsibility for violating sanitary legislation. Enterprises that have allowed environmental pollution, release (or) sale of products, the use (use) of which has led to the emergence of mass infectious or non-infectious diseases or poisoning of people, by order of the chief state sanitary doctor or his deputy, are obliged to: pay a fine to the local budget; reimburse the costs of medical and preventive and sanitary institutions for the provision of medical care to patients, the implementation of hygienic and anti-epidemic measures.

The procedure for appealing against decisions of officials of the State Sanitary and Epidemiological Service on the imposition of administrative penalties is set out in the “Instructions on the Procedure for Bringing Officials, Citizens to Administrative Liability and Imposing Fines on Legal Entities for Sanitary Offenses” (approved by order of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated 07.07.93, No. 61).