Control purchases in the retail network: what is the procedure and what will be checked
Today, the retail sector is under special attention of the state. Recently, the number of inspectors in this segment included Rospotrebnadzor, but such checks are carried out not only by state agencies, but also by the business itself. We will tell you in the article whether you can prepare for a test purchase and the arrival of a “secret buyer” and how to protect yourself from potential fines
The state declares the priority of small business development. At the same time, the number of monitoring services is not only not reduced, but on the contrary, it is growing. Retail trade is under special control. This year, the number of supervisors for retail trade included Rospotrebnadzor. Often, entrepreneurs hire “secret buyers” to conduct control purchases. Such a purchase is always a surprise for the seller, because it is not warned in advance.
Such purchases do not depend on the turnover and ownership of the business, as well as the tax system. They are not subject to “Supervisory holidays”, that is, the controller can come to you at any time, even on the next day after the registration of the business. They are held in retail outlets of organizations and individual entrepreneurs. Note that control purchases by the state were carried out before: the tax inspector checked the use of cash registers. This applies not only to “real” stores, but also to remote trading (online stores). This year you can get a “surprise” from the CPS.
Control purchases of Rospotrebnadzor
Rospotrebnadzor had such powers when Federal law No. 81-FZ of 18.04.2018 came into force, although the initiative to introduce new types of checks in the form of control purchases by Rospotrebnadzor was discussed in 2016.
How is the control purchase going? The “buyer” pretends to make a regular purchase in the store with payment for the product. After making the calculation and seeing the “crusts” with the order to conduct the purchase, the seller / cashier understands that before him is not the usual queue, but a “sent Cossack” with witnesses. And if the sale took place with violations (for example, an expired product or cigarettes were sold to a minor, the price in the receipt differs from the price tag or the receipt was not knocked out at all), then the entrepreneur can not avoid responsibility. According to the results of the inspection, an act will be drawn up on the spot. If you do not agree with the verification act, you can challenge it. In case of remote trading, the purchase order and the report on its results are sent no later than the next day. Goods purchased as part of a control purchase are returned to the seller while maintaining consumer properties.
Important! Control purchases can be made not only for the purchase and sale of goods, but also for the provision of services.
By the way, do not confuse the control purchase with the verification one. The latter is carried out in respect of goods the circulation of which is limited.
In accordance with the provisions of the new law, Rospotrebnadzor employees have the following rights:
To question witnesses;
Inspect the territory and premises;
Take photos and videos;
Study documents related to business activities.
Each action during the control purchase requires appropriate registration and is carried out in the presence of witnesses. And the inspector is given the right to visit the point of sale without prior notice, as it was before. You will no longer be able to remove items that do not meet the retail requirements from the shelves while another store employee checks the “crusts” on the doorstep.
The reason for the control purchase of Rospotrebnadzor is found in the form of:
threats or harm to the health of citizens, the environment, and state security;
violation of requirements for labelling of goods;
absence of a license and other permits required for conducting business;
violations of the rights of consumers;
expiration of the period for the execution of the previously issued order to eliminate the violation.