In the Russian Federation there are several groups of goods that are excisable. They are subject to more stringent legal requirements. These products include alcohol-containing products. Its production, turnover and consumption are regulated by the relevant federal law. Important fundamental provisions of it we will analyze in this article.
What it is?
Consider how the main concept defines Federal Law No. 171 (Article 2).
Alcohol-containing products - both food and non-food products, products, drinks, as well as drugs, medical products containing alcohol.
According to Russian law, such is considered all products in which the amount of ethyl alcohol exceeds 0.5% of the total final volume.
Varieties
Alcohol-containing products are divided into the following varieties:
- Medications. They are intended for medical and veterinary use, are available in liquid form. Their forms are determined in accordance with Federal Law No. 61 “On the Circulation of Medicinal Products” (2010). Similar preparations contain the pharmaceutical substance of ethyl alcohol (ethanol).
- Medical devices. This is a product that is available in liquid form. They contain the pharmaceutical substance of ethanol (ethyl alcohol).
- Powdered products. Both food and non-food products, produced in the form of dry matter. They are intended for further dilution and conversion to a liquid product. Such products contain ethyl alcohol in a fraction of at least 0.5% of their total final volume.
- Food products. These are food products containing ethyl alcohol. This includes various wine materials, emulsions, various solutions, suspensions, grape, fruit, beer wort. Everything that does not apply to alcoholic beverages.
- Non-food products. It also includes alcohol-denatured, cosmetic, perfumery products made with the use of ethyl alcohol, other types of alcohol-containing products, alcohol-containing waste.
Similar concepts
Consider concepts that are close to the main, but are still distinct from it.
Ethyl alcohol is an alcohol that is produced from both food and non-food raw materials. It also includes:
- Ethyl denatured alcohols.
- Pharmaceutical substances of ethyl alcohol (ethanol).
- Head fractions of ethyl alcohol (waste from its production).
- Raw alcohol.
- Various distillates: grape, wine, cognac, fruit, etc.
Alcoholic products - the entire mass of food products that was produced using ethyl alcohol. The latter should be made specifically from food raw materials or alcohol-containing food products. The minimum alcohol content in alcohol is 0.5% of the final volume.
Alcoholic beverages are divided into the following categories:
- Vodka.
- Cognac.
- Wine.
- Fruit wines.
- Liqueurs.
- Champagne (or sparkling wines).
- Wine drinks.
- Beer and drinks based on it.
- Cider.
- Mead.
- Poiret.
Alcoholic beverages are those alcoholic products that were produced using ethyl alcohol. It must be obtained from food raw materials or alcohol-containing food products. Alcoholic beverages do not include wines.
Alcohol Products Act
In the Russian Federation, the production and subsequent turnover of ethyl alcohol, as well as alcoholic and alcohol-containing products, is regulated by Federal Law No. 171 (1995).This law also introduces some restrictions on consumption, drinking such products.
The law on the production of alcohol-containing products, their circulation establishes legal standards for both production and turnover. It allows for regulation at the state level. The goals of adopting Federal Law No. 171 are obvious - protecting health, morality, economic interests, and the universal rights of Russian citizens.
Federal Law makes it possible to ensure the safety of the use of alcohol-containing products and satisfy the needs of consumers in them. It helps to monitor compliance with legislation in the field of production and sale of such products, as well as their drinking.
What does the Federal Law not apply to?
Consider activities that are not covered by the Federal Law on alcohol-containing products:
- Various activities of individuals aimed at the production of products with the presence of ethyl alcohol not for the purpose of its sale, sale.
- Circulation of drugs containing alcohol. This refers to medicines that are registered by state executive authorities, are included in the state registry of medicines.
- The activities of various kinds of pharmacy institutions related to the manufacture and subsequent dispensing of medicines containing alcohol. At the same time, production should be based on recipes that meet the requirements of medical organizations.
- Activity on the turnover of non-food alcohol-containing products, which was packaged in metal aerosol containers with a capacity of not more than 450 ml.
- Import and export from the Russian Federation of alcoholic beverages intended for official use by various diplomatic, consular organizations, intergovernmental, interstate institutions, and other official representations of foreign countries.
- Import, export from the Russian Federation of alcohol-containing products intended for certification, display at international exhibitions, but in an amount of not more than 5 units.
- Circulation of medical alcohol-containing products registered by the federal authorized executive body included in the special State Register.
Production
Requirements for the production of alcohol-containing products are enclosed in Ch. 2, Art. eight.
All organizations, farms and peasant farms without the formation of a legal entity, entrepreneurs engaged in the production of ethyl alcohol, alcohol-containing, alcoholic products, use specialized technological equipment for this purpose, must have a certificate of conformity, a declaration of conformity issued in the manner established by Russian legislation.
Such technological equipment should belong to the manufacturer by the right of ownership, operational management or economic management. For the production of ethyl alcohol, manufacturers should use only food and non-food raw materials whose list is determined by the Government of the Russian Federation.
The production of ethyl alcohol is also entitled to engage in state-owned enterprises, other organizations having a paid authorized capital (authorized capital) of at least 10 million rubles.
Manufacturers of alcohol-containing products should have in their jurisdiction storage and industrial premises that comply with legislative requirements. They may be owned by manufacturers under the right of ownership, be under economic management or operational management. You can use the rented premises. But the rental period should not be less than 1 year.
Transportation
Transportation of denatured alcohol, ethyl alcohol, bulk alcohol-containing products (with an alcohol content of at least 25%) is carried out only by certain companies. They have vehicles that comply with the legal requirements for such transport.
Sale
As for retail sales, it is regulated by Art. 16 Federal Law No. 171.The sale of alcohol-containing products is not available to all entrepreneurs and organizations.
The legislation introduces the following restrictions:
- Retail sales (including as part of the provision of services related to catering) of alcohol products is carried out only by organizations.
- Retail sales of beer, drinks based on it, poir, mead, cider (including in the framework of public catering) can be carried out by organizations and individuals.
- Farm, peasant farms, as well as entrepreneurs engaged in agricultural activities, can engage in the retail sale of wines, wine and sparkling drinks produced by them.
Where is sale prohibited?
There are a number of restrictions on the location of retail outlets for alcohol. So, Federal Law No. 171 prohibits installing them in the following objects:
- Educational institutions.
- Cultural organizations.
- Stations, airports.
- Wholesale and retail markets.
- Fighting positions, training grounds, military units, places of increased danger.
- Athletic facilities.
- Non-stationary trading objects.
- Places of mass gathering of citizens.
As for the turnover of alcohol-containing products, it is regulated by Art. 9 Federal Law No. 171.
This product is an excisable product, which is why special requirements are imposed on production, turnover and retail.
