They want to ban individual entrepreneurs from selling beer. Kommersant: they want to ban the sale of beer to individual entrepreneurs. Do I need a license to sell beer?

Perhaps next year beer will disappear from most Russian stores. After all, their owners are mainly individual entrepreneurs, and for them Rosalkogolregulirovanie proposed to introduce a ban on the sale of beer. Officials will offer those wishing to continue selling it to re-register as legal entities.

What's happened?

Rosalkogolregulirovanie is going to ban individual entrepreneurs from selling beer and other low-alcohol drinks. In order to continue selling such products, the individual entrepreneur will have to re-register as a legal entity. As journalists from the publication Izvestia found out, RAP is announcing this initiative as a cleanup of the gray market for the sale of alcoholic beverages. If entrepreneurs do not sell beer, it will be easier for RAR to control the market, since the responsibility of organizations for illegal production and turnover is ten times greater than that of individual entrepreneurs.

There will be no more draft beer

RAR believes that in Russia there is a constant increase in the illegal production of brewing products, due to the fact that individual entrepreneurs bear insignificant, in the opinion of officials, responsibility for counterfeit goods. Therefore, in the presentation “Results of activities in 2017 and the RAR work plan for 2018,” officials identified solving these problems as a priority. And they see only one way to solve them - the introduction of a ban for individual entrepreneurs on the sale of beer. After all, according to the norms Code of Administrative Offenses of the Russian Federation The fine for legal entities for such a violation is up to 100,000 rubles, and for individual entrepreneurs only 10,000 rubles, that is, 10 times less.

Officials note that the beer market is dominated by individual entrepreneurs, who not only sell in small stores, but also run so-called beer houses, where they sell on tap. Such beer houses often sell products from small private breweries, which are also owned by individual entrepreneurs. But RAR does not believe that the introduction of restrictions will affect the market and it will sag. Officials, on the contrary, expect that such measures will streamline it. After all, they are aimed only at changing the status of businessmen themselves. The RAR message, in particular, says:

There is no need to perceive this initiative as a ban on the sale of beer, after which the share of its sales on the market will decrease. The main idea in this case is to encourage individual entrepreneurs to re-register as a legal entity.

At the same time, the RAR wants to increase responsibility for the illegal production and circulation of beer, but specific measures are still unknown. Businessmen themselves, and even experts from tax authorities, have a negative attitude towards the RAP initiative. They note that, apart from the opportunity to sell beer, changing the status of an individual entrepreneur to a legal entity will not bring anything good. After all, a more lenient taxation and reporting regime is provided for entrepreneurs. In particular, experts note that:

Re-registration of individual entrepreneurs into legal entities will increase the reporting burden and add unnecessary responsibilities. Legal entities maintain complex accounting, unlike individual entrepreneurs. The owner cannot cope with this himself; he will have to hire a specialist.

Therefore, if the PAR really introduces such a ban, many small businesses will be forced to simply leave the market. This means that many outlets with beer on tap will close, and the foamy drink will disappear from the shelves of small stores. It is difficult to say who will benefit from this. After all, in addition, officials are increasingly saying that beer and beer drinks need to be included in the Unified State Automated Information System. And at the same time, the government is looking for ways to make it easier to do small business in Russia and reduce excessive administration.

From July 1, 2017, individual entrepreneurs may be prohibited retail sales beer. This is reported by “” with reference to a bill prepared by the Ministry of Finance. If the law is passed, it will be a big blow for both small businesses and manufacturers.

Bookmarks

According to the document, the bill proposes amendments to Article 171 of the Federal Law on state regulation of the production and circulation of alcohol. With these amendments, the Ministry of Finance wants to prohibit the sale of beer and beer drinks, cider, poire, and mead in retail outlets owned by individual entrepreneurs. Only organizations will be able to sell these drinks.

As they say in explanatory note amendments to the bill must be adopted because individual entrepreneurs do not fully declare the volume of retail beer sales. As an example, the authors of the document say that some breweries declared in 2015 several times less volume of beer than was sold at retail.

As the Ministry of Finance explained, this is due to the fact that for individual entrepreneurs the fine for failure to submit declarations is tens of times lower than for legal entities.

In this regard, organizations selling beer and beer drinks, in order to evade liability, enter into fictitious lease agreements with individual entrepreneurs for the sale of these products.

From the explanatory note to the bill

Representatives of brewing companies received such news with caution and bewilderment. As interlocutors from the largest beer producers in Russia told the publication, the decision to ban individual entrepreneurs from selling beer is “far-fetched.”

Moreover, declaring beer sales in itself is “an excessive measure, since since July 2016 all retailers regardless of the form of ownership, they must provide information about its turnover in the Unified State Automated Information System" (system state control for the circulation of ethyl alcohol and alcoholic products).

Also, representatives of the beer industry said that when talking about the difference in declarations, the Ministry of Finance did not provide any specific figures and statistics.

If the law banning the retail sale of beer for individual entrepreneurs is adopted, both producers and owners of retail outlets will suffer from it. For example, according to the director of legal issues"SUN Inbev" (Bud, Stella Artois, Staropramen, "Klinskoe", etc.) Oraza Durdyeva, individual entrepreneurs make up at least 37% of the total volume of the company's retail outlets. The Baltika brewing company reported that they work with approximately 100 thousand individual entrepreneurs in the beer retail industry.

As company representatives explained, in small retail outlets beer is one of the highest-margin goods. Therefore, due to its sale, it is possible to contain prices for socially important products. If individual entrepreneurs are banned from selling beer, this will “seriously hit legal small businesses.”

The stores that specialize in selling beer will be hit the hardest, including popular stores selling beer by the glass. In addition, the adoption of the law will harm small brewing companies that lack the funds to enter large retail chains, and selling products through small retail outlets was their only chance of survival.

In the summer of 2016, the State Duma adopted a law according to which, from the same June 1, 2017, brewing companies must produce beer in plastic bottles volume more than 1.5 liters. Then representatives of the beer industry said that the disappearance of beer in plastic from shelves would lead to an increase in sales of vodka, rather than the use of aluminum cans, as aluminum producers hope.

On September 29, 2016, the Ministry of Industry and Trade reduced the minimum price for vodka to 100 rubles per 0.5 liters. As stated in the department’s report, the state needs to abandon some “excessive and unjustified” restrictions on the sale of alcoholic beverages.

On October 7, 2016, a bill on a state monopoly on alcohol was submitted to the State Duma. According to legislators, a state monopoly on alcohol will help not only in the fight against surrogate, but will also bring considerable income to the state.

The Ministry of Finance is allegedly preparing such a bill, which involves introducing restrictions from July 2017. Who will ultimately have the right to sell beer?

UPDATED 16:37

In Russia, individual entrepreneurs may be prohibited from selling beer. According to Kommersant, the Ministry of Finance is preparing a corresponding bill. According to it, the restrictions will come into force on July 1 next year. If the law is passed, only organizations will sell beer. This rule now applies to strong alcoholic drinks.

The ministry, according to the publication, explains its initiative by the fact that individual entrepreneurs hide the real volumes of retail sales of alcohol. Fines for failure to submit declarations for private individuals are ten times lower than for companies: 10-15 thousand rubles versus 150-200 thousand rubles.

Vladlen MaksimovPresident of the Coalition of Kioskers, Vice-President of Opora Russia“I learned about this idea yesterday, it seems completely wild to me, there is still talk going on that we need to somehow liberalize the sale of alcohol. Half of our vodka was counterfeit and remains so. Despite what they say: vodka should replace wine, beer - something else, but nothing happens. As for small entrepreneurs - individual entrepreneurs, firstly, this is the death of all craft stores, because all this is not sold in chains, there you have to tinker with every client, this is sold by individual entrepreneurs, despite the fact that this industry is developing, successfully replacing vodka in general structure consumption. Besides, beer is a flow-forming product, and many people who drink it won’t go to a store that doesn’t have it. Therefore, this will mean another blow to small retail. And small retail, in turn, is a unique distribution network for small production. And we always talk about the need to support small production, import substitution, this and that. With one hand we seem to be doing something, with the other we are constantly delivering some blows to retail.”

The greatest damage from the Ministry of Finance’s ban will be suffered by individual entrepreneurs who have only beer in their stores. According to some estimates, in Russia today there are about 89 thousand stores of so-called live beer, 90% of which are registered as individual entrepreneurs. Baltika told Kommersant that they work with approximately 100 thousand individual entrepreneurs in the beer retail industry.

Before the ban on the sale of beer in stalls and kiosks came into force on January 1, 2013, 20% of their total products were sold through this channel. As a result, the total number of retail outlets selling beer has since decreased by 50 thousand.

Kirill Bolmatov Director of Corporate Relations at Heineken in Russia“I believe that this is a completely harmful initiative; it will naturally hit, first of all, small businesses. In addition to being harmful, it is also meaningless. It is justified by the fact that small entrepreneurs report worse, but this is not true, it does not depend at all on the form of ownership, firstly. And plus this reporting itself, to which Rosalkogolregulirovaniya has complaints, is unnecessary and duplicative. There is already a system called EGAIS, through which all movement of goods - both beer and other alcohol - is tracked online. Therefore, these additional declarations that both manufacturers and retailers must fill out are simply additional, duplicative, meaningless paper bureaucracy. Anytime point of sale the EGAIS system has been installed, well, most likely, perhaps this is either an initiative caused by the interests of large retail chains that want to shift all the demand to themselves, or these are vodka producers who are offended that their products are sold only by companies, and beer is also sold by individual entrepreneurs."

Finally, co-owner of the Sosna and Lipa bar Sanchir Badakov told Business FM that he does not see any problems for his business.

Sanchir Badakov co-owner of the bar “Sosna i Lipa”“Most of the bars in Moscow and in Russia in general, which deal not only with craft beer, but also ordinary beer bars, are just individual entrepreneurs. And we were just talking about this topic yesterday with our friend, the owner of a bar, he said: it’s okay, we’ll switch to LLC. He doesn't have any particular problems with this. From a tax point of view, everything is simpler in an individual entrepreneur, but I don’t think that big problem There will be a transition to LLC. To be honest, I don’t think that this will cause any particular inconvenience even to small places, for example, the small bottling shops that every metro has, these are the so-called bottling shops. I don’t think that it will be a big problem for them to switch to LLC, because they don’t introduce a license for the sale of weak alcohol, it’s just a ban on sales by individual entrepreneurs.”

As Kommersant writes, referring to the text of the bill, restrictions are proposed to be introduced throughout Russia, with the exception of Crimea and Sevastopol. These regions will be given a deferment until January 1, 2018.

The Ministry of Finance initially did not respond to the publication’s request; Rosalkogolregulirovanie refused to comment. It was also reported that the New Bill concerns not only beer, but also beer drinks, cider and mead.

According to the latest data, the Ministry of Finance nevertheless denied such information.« This is a proposal from Rosalkogolregulirovaniya, the bill was prepared on its own initiative“, the ministry emphasized and noted that the ban will not be introduced in July 2017.

Sale of beer, fines, licenses, law, egais, magazines, cash registers, time of sale, labeling, responsibility, bottling and other new beer issues, as well as what is needed for sale in 2019, and other issues in the article.

Constantly updated, last time: 02/11/2019.

Features of regulation of beer sales in Russia

Beer is a foamy drink obtained from brewing malt, hops and/or hop products and water with or without the use of grain products, sugar-containing products as a result of fermentation of beer wort, containing ethyl alcohol formed during the fermentation of the wort. Beer must be prepared without adding ethyl alcohol.

The detailed order of the characteristics of the drink is fixed in GOST 31764-2012.

You don't need a license to sell beer

You do not need a license to sell beer, cider, mead and other alcoholic products ( exception of wine, champagne and alcoholic drinks: vodka, cognac, brandy, Becherovka…. with a share of ethyl alcohol over 9%), they can be sold through an LLC or individual entrepreneur without a license at retail and wholesale, but it is important to observe the time of sale, Unified State Automated Information System, availability of a cash register, age of the buyer, volume of plastic containers.

For reference (listed in separate articles):

• Where it is prohibited to sell alcohol and wine, including on holidays: March 8, February 23, etc.
• Responsibility for drinking alcoholic beverages

What to choose LLC or individual entrepreneur when selling beer

Individual entrepreneurs (IP) and LLCs have the right to sell beer.

Federal Law No. 171 “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” indicates that the sale of beer and other alcoholic products is carried out from a legal entity or individual entrepreneur (IP) using a registered tax service cash register and the corresponding OKVED codes.

An individual entrepreneur (IP) does not have the right to sell strong alcoholic beverages

Such a ban is indeed established by Article 16 of Law No. 171-FZ of November 22, 1995.

Where you can and where you can’t sell beer

Sales allowed only in stationary objects

Retail sale of alcoholic beverages in non-stationary establishments is not permitted. shopping facilities, which are temporary structures for which it is not possible to register ownership.

Examples of non-stationary objects

1. stall (tent),

Beer delivery

Remote sales of alcoholic beverages, as well as goods the free sale of which is prohibited or limited by law, are not permitted. Russian Federation.

All possible schemes bypass this ban in our article: Is it possible to deliver beer to your home? Delivery is permitted by law.

Application of online cash registers, online CTT

From July 1, 2018, the use of online cash registers is mandatory for everyone who receives cash cash, incl. using electronic payment instruments.

What is the fine?

WITH according to clause 3 of Art. 14.16 Code of Administrative Offenses of the Russian Federation for violation special requirements and rules for the retail sale of alcoholic and alcohol-containing products

• Individual entrepreneurs can be fined 20-40 thousand rubles.
• Organizations will have to pay more - up to 300 thousand rubles.

No initial registration required

Letter of the Ministry of Finance of Russia dated June 16, 2017 No. 03-01-15/37692 indicates that when using an online cash register it is not necessary to maintain a primary cash register, namely:

The Russian Ministry of Finance explains that the use of forms of primary accounting documentation for accounting cash settlements with a population of using KKM, approved by the resolution of the State Statistics Committee of Russia, is not required when switching to online cash registers.

This is due to the fact that the updated legislation on cash register systems does not contain such a requirement. All fiscal data is transmitted at the time of calculation in the form of documents generated using cash register equipment, to the tax authorities through the fiscal data operator (with some exceptions).

We remind you: the cash register must be equipped with a clock set to the real time of the area where this equipment is installed and used (letter of the Ministry of Finance No. 03-01-15/28072 dated 05/05/2017).

Who has the right to work without online cash register

Until July 1, 2019, except for organizations with registered personnel.

The list of organizations and individual entrepreneurs exempted from the use of online cash registers for another year, in particular, includes:

• businessmen providing shoe repair and painting services;
• entrepreneurs and legal entities providing services for the production and repair of keys and metal haberdashery;
• persons selling handicrafts or handicrafts;
• citizens renting out their own housing;
• organizations or individual entrepreneurs engaged in the sale of newspapers and magazines in kiosks;
• takeaway ice cream and draft soft drink vendors;
• sellers of products from tank trucks: milk, kvass, fresh fish, etc.;
• sellers seasonal vegetables and fruits, including melons;
• sellers of peddled products; sellers at fairs, exhibitions and sales, retail markets.

At the same time, they are obliged to issue BSO to customers. And if before July 1, 2018 they could use old-style forms, then from July 1 it is necessary to form a BSO using a new-style device - “ automated system for BSO." Actually a form strict reporting transforms into one of the types of cash receipts.

In addition, the following have the right not to use online cash registers indefinitely:

• pharmacies operating at paramedic stations in villages and villages, as well as departments of hospitals and medical organizations in populated areas where there are no pharmacies;
• legal entities and individual entrepreneurs working in remote villages and villages or hard-to-reach areas. The area must be on the list approved by regional authorities.

All these sellers of goods and services, including those who operate in areas difficult to communicate, are required to issue buyers a strict reporting form (SRF), which replaces cash receipt. At the same time, legislation and tax authorities emphasize that BSO should be issued not at the request of the client, but for each settlement case. If you don’t do this, you can get a fine; there are already precedents.

Is it possible to use an online cash register only for selling alcohol, and sell other goods as before, without a cash register?

It's possible, but it's not that simple. For goods without excise duty, at the buyer’s request, you must issue a document confirming the purchase - sales receipt, receipt, etc.

If you have alcohol and other excise goods on your shelves, you are required to use the cash register and issue receipts for them. Even if you pay taxes according to UTII, simplified tax system or PSN and have not yet used cash registers.

According to paragraph 7 of Article 7 of the 290-FZ, entrepreneurs and organizations on UTII and PSN may not use a cash register when selling excise-free goods until July 1, 2018. In this case, at the request of the buyer, the seller is obliged to issue a receipt, sales receipt or other document confirming the fact of purchase. They should be printed automatic system or in a printing house. In addition, if they do not have a tear-off part, you must write out a duplicate.

On the other hand, if you want to punch checks even for goods without excise taxes, the law does not prohibit this. Use it cash register, if it's more convenient.

Cash is not just a requirement of the law, it is also useful tool. It helps analyze sales, keep track of goods and manage the store remotely from a mobile device.

Is it possible to punch out receipts with the exact names of alcohol, and reflect the rest of the goods as a total amount?

The logic is this: according to the current version of 54-FZ, each seller indicates on the receipt the name of each product sold.

Law 290-FZ in paragraph 17 of Art. 7 clarifies that entrepreneurs and organizations under special tax regimes (UTII, simplified tax system, PSN) may not indicate this data on the check until February 1, 2021, but only if they do not trade excisable goods.

If you sell strong alcohol or other products with excise tax, it is mandatory to indicate the names of all goods, including non-excise ones, from March 31, 2017.

Fines for not using cash registers

The violation is punishable by Article 14.5 of the Code of Administrative Offenses of the Russian Federation “Sale of goods, performance of work or provision of services in the absence of established information or non-use of cash register equipment in cases established by federal laws.” Their size for officials is from 1/4 to 1/2 of the amount of a blank check, but not less than 10 thousand rubles. The organization will pay from 3/4 to 1 of the amount on the check, but not less than 30 thousand rubles.

Friendship between food and alcohol

It is allowed to sell alcoholic products containing ethyl alcohol no more than 16.5 percent of the volume of finished products at any facility, subject to the provision of services at these facilities catering. Here it is important to understand the difference between the retail sale of alcohol and the retail sale of alcohol and alcoholic beverages when providing catering services.

If you have an unregistered premises (including premises that do not comply with clause 1 of this article) and you want to sell beer on its territory ( for bottling and in containers), you need to arrange a cafe or buffet ( table + two chairs + hanger, pies purchased in a store displayed in a display case with tea + notification of the opening of a cafe to Rospotrebnadzor, and for Moscow and the region to the register of stationary objects consumer market(Certificate is issued). Check this issue with the Administration of your region/district).

How to sell draft beer in a takeaway cafe

The answer is simple: do not close the bottle with a lid, give it to the buyer, taking into account the paragraph above!

Important ! In the Ulyanovsk region (and only) in August 2016, new standards were introduced allowing the sale of alcoholic beverages, namely the presence of a toilet and sink, at least 6 tables and 24 seats, as well as a full-fledged working kitchen. This innovation came into effect on January 1, 2017. We believe that these rules will be tested in this area and introduced throughout the Russian Federation.

When providing catering services, there are no restrictions on trading hours - for all others it is prohibited to trade from 23:00 to 8:00.

Selling beer in a summer cafe

Regional authorities have the right to authorize the sale of beer in summer cafes located at stationary objects. For example, in Moscow this is determined by Moscow Government Decree No. 102-PP dated March 6, 2015 “Rules for the placement, arrangement and operation of seasonal (summer) cafes at stationary public catering establishments.”

The store is out of beer, the cafe is no help

In connection with the introduction of the Unified State Automated Information System, restaurants, cafes, bars, hotels, hotels are prohibited from purchasing alcohol from July 1, 2016. retail networks(retail). In general, any repurchase for the purpose of resale in retail chains, stores, etc. prohibited, you can only buy from wholesalers.

What to do with cocktails

Cafes and bars with a license to sell alcoholic beverages ( vodka, cognac.. over 9%) can make their own cocktails by mixing alcoholic products, since mixing is not the production of alcoholic products.

What OKVED codes are needed?

Wholesalers

• OKVED 46.17.23 – Activities of agents in the wholesale trade of beer.

Retail

• OKVED 47.25.12 – Retail sale of beer in specialized stores.

If you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes; the Federal Tax Service will independently correlate your old and new ones OKVED codes included in the registers.

You cannot use old codes:

• 52.25 Retail alcoholic and other drinks.
• 52.25.1 Retail sale of alcoholic beverages, including beer.
• 52.25.11 Retail trade of alcoholic beverages, except beer.
• 52.25.12 Retail trade in beer.

EGAIS for selling beer “What a Beast”

All wholesale purchases of alcoholic beverages in urban settlements, as well as from July 1, 2016, retail sales are mandatory entered into the EGAIS system.

If you sell beer or other low-alcohol (excise-free) drinks, then you do not need to send data on retail sales to EGAIS. You are required to record the receipt of goods from the supplier in EGAIS and maintain an alcohol log.

Organizations and individual entrepreneurs purchasing beer for further retail sale have been required to connect to the system for years only to confirm purchases of wholesale quantities from legal manufacturers and suppliers; at the moment, registration of sales to the end buyer is not required, so trade in beer through EGAIS is easier to register than other alcoholic beverages .

You reflect retail sales in the alcohol magazine

Data from there is not sent anywhere, but Rosalkogolregulirovanie checks this data when it comes with an inspection. If you are a catering company or sell excise-free alcohol by the glass, then make an entry in the journal upon opening the container - when you uncorked the bottle or printed a new keg. Data must be entered no later than the next day.

You must connect to the system before 01/01/2016 or from the moment you start trading, but definitely before the inspectors come to you. In rural settlements the deadline has been shifted from July 1, 2017. EGAIS is suitable for both a wired connection and a connection via mobile or satellite communications.

Deadline for recording information in EGAIS

Calculated in working days and is 3 (three) days, for rural areas 7 (seven) days.

Strange situation! Beer cannot be moved to another sales point of one legal entity if there is no EGAIS at the points, while if the question concerns vodka, cognac, then the products can be moved between divisions of one legal entity, and it is necessary to reflect these movements in EGAIS, but nothing is said about devices. Perhaps we misunderstand something, I hope readers will correct us.

Decommissioning and combat in EGAIS

The enterprise is obliged to reflect the write-off of alcohol consumption and losses in the egais system on a daily basis. If a violation is detected, a fine of 150 thousand rubles. So, make sure you don’t get caught, and if the supervisory authorities come, at the same moment make a write-off report with the current date. Judicial practice already exists, but it is ambiguous and who needs legal problems.

6.1. How to check alcohol in EGAIS, etc. New clarification of certain EGAIS issues, including how to check the authenticity of alcoholic products in the operating conditions of the EGAIS system, filling out the sales log, as well as questions about the operation of the system, how to move products between stores and common mistakes of its users.

Responsibility for violations + fine

(in a separate article)

Since 2015, liability for the sale of alcohol to minors has been tightened, and in 2019, liability for the sale of alcohol to minors has been preserved. At your request, dear readers, we are posting – Fines for violating the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products.

Don't forget about the seller's instructions: Instructing the seller on the sale of alcohol and tobacco.

Maintaining a journal of retail sales volumes

A form is being introduced for registering the volume of retail sales of alcohol and alcohol-containing products, and also provides for the procedure for filling out a logbook for accounting for the volume of retail sales of alcohol and alcohol-containing products. The absence of a logbook for recording alcohol sold may be considered a violation of the procedure for recording ethyl alcohol, alcoholic and alcohol-containing products during their production or circulation. For this Art. 14.19 of the Code of Administrative Offenses of the Russian Federation provides for a fine. Its size for officials and entrepreneurs will be from 10,000 to 15,000 rubles. And for organizations - from 150,000 to 200,000 rubles.

Filling out the log is carried out at the place of activity

• organizations engaged in retail sale of alcoholic or alcohol-containing products;
• individual entrepreneurs engaged in the retail sale of beer and drinks made from beer, cider, poire, mead or alcohol-containing products.

The log is filled daily

The log is filled out every day, no later than the next day after the fact of the retail sale of each unit of consumer container (packaging) of alcoholic and alcohol-containing products or upon the opening of a transport container (including reusable containers) used for the delivery and subsequent bottling of products to the consumer, by one of the following ways:

• on paper;
• V electronic form using software from the unified state automated information system accounting for the volume of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (USAIS).

Example of a sales journal

1. No. – enter the entry number in order.
2. Date of retail sale of each unit of alcoholic beverages.
3. Barcode ( Here you need to indicate information in the form of symbols read from a federal special or excise stamp using EGAIS software. To do this, the organization must have a two-dimensional barcode scanner. When connecting to the EGAIS system, its presence is mandatory. The “bar code” of the alcohol logbook should be filled out only by those companies and individual entrepreneurs who have connected to the EGAIS system. The bar code is read by a special scanner from the excise stamp).
4. Product name ( enter the name of the alcoholic or alcohol-containing product. Data should be taken from accompanying documents).
5. Product type code ( you need to indicate the product type code in accordance with the Product Type Classifier. It was approved by Order of Rosalkogolregulirovanie dated August 23, 2012 No. 231).
6. Capacity (l) – the capacity of consumer packaging (transport packaging) of sold alcoholic or alcohol-containing products is entered.
7. Quantity (pieces).

Example of a completed journal

If the organization will keep a journal in electronic form for products marked with federal special and excise stamps, columns 4, 5, 6 and 7 do not need to be filled out.

There is no need to register the logbook anywhere or submit it for inspection anywhere. It must be kept at every point of sale of alcohol and beer. But at the request of the inspectors, you will have to submit it. Download EGAIS accounting journal in Word (Word).

Labeling of beer, cider and other beer products

Based on para. 6 tbsp. 5 of Law No. 171-FZ it follows that the powers of state authorities of the Russian Federation in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products include, in particular, the introduction of mandatory labeling with federal special stamps and excise stamps of alcoholic products produced and sold in the territory Russian Federation.

According to paragraph 2 of Art. 12 of Law No. 171-FZ, alcoholic products (except for beer and beer drinks, cider, poire, mead) are subject to mandatory labeling in the following order:

• alcoholic products produced on the territory of the Russian Federation, with the exception of alcoholic products supplied for export, are marked with federal special marks. The brands indicated are purchased from government agency, authorized by the Government of the Russian Federation;
• alcohol products imported (imported) into the Russian Federation are marked with excise stamps, except for the cases provided for in clause 5.1 of Art. 12 of Law No. 171-FZ. These brands are purchased from customs authorities by organizations importing alcoholic beverages.

Important: Labeling of alcoholic beverages with brands not provided for by Law No. 171-FZ is not permitted.

According to clause 5.3.3 of the Regulations on Rosalkogolregulirovanie, the issuance of federal special stamps for labeling alcoholic products produced on the territory of the Russian Federation is carried out by the Federal Service for Regulation of the Alcohol Market (Rosalkogolregulirovanie).

Sale of beer in containers up to 1.5 liters is prohibited

Government of Russia “On the use of containers” approved amendments to the law, according to which the production of alcoholic beverages with an ethyl alcohol content of more than 0.5% in plastic containers with a volume of more than 1.5 liters is prohibited from January 1, 2017, and the retail sale of alcohol in such containers is prohibited from July 1, 2017 .

“The law is aimed at establishing a phased ban on the production, circulation and retail sale of alcoholic beverages in consumer packaging (consumer packaging or packaging made entirely of polyethylene, polystyrene, polyethylene terephthalate and other polymer material),” the document says.

These innovations indicate a lack of competition in the Russian Federation in the aluminum production market (the manufacturer UC Rusal belongs to the “successful businessman” Oleg Deripaska), and they are trying to solve this problem through restrictive measures.

The essence of the law that came into force

Retail sale of alcoholic products with an ethyl alcohol content of more than 0.5 percent of the finished product volume in polymer consumer packaging (consumer packaging or packaging made entirely of polyethylene, polystyrene and other polymer material) is not permitted. Retail sale of alcoholic products containing ethyl alcohol 0.5 percent of the finished product volume is allowed in polymer consumer containers with a volume of no more than 1,500 milliliters.”

In the explanatory note, the authors of the bill noted that beer consumption in the country has acquired a “threatening volume”, the cheapness of plastic containers increases the availability of this drink for the population, and its large volume makes them drink more. At the same time, in the 1st quarter of 2016 there was a message in the media that state corporation Rosspirtprom bought 8 alcohol production plants, while the alcohol production market almost completely came under state control.

The amount of the fine for selling over 1.5 liters

The fine for the sale of alcohol with an alcohol content of more than 0.5% in a polymer container with a volume of more than 1.5 liters, as well as for its production and turnover, is:

1. for officials from 100 thousand to 200 thousand rubles. with or without confiscation of items of an administrative offense,
2. for organizations - from 300 thousand to 500 thousand rubles. with or without confiscation of items of an administrative offense.

In this case, both the first and the second, together with a fine, may be subject to confiscation of the items of the administrative offense.

What is stated in the article applies not only to legal entities but also to individual entrepreneurs.

Law enforcement practice

• In each specific case, when selling beer on the territory of a non-stationary facility, it is necessary to answer the question of what activity the entrepreneur was engaged in: retail sale of beer (in this case, administrative liability is lawful) or provision of public catering services to consumers (in which case penalties should not be applied). ).

Whose competence is this issue?

Questions regarding the turnover (including sales) of alcoholic beverages, incl. and beer are in the department Federal service on regulation of the alcohol market (website address - fsrar.ru) and are regulated Federal law No. 171 “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products.”

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