For some time now, a refreshing, foamy drink - beer, has become the object of close attention of the legislator. Everything you need to know about the rules for selling, purchasing and drinking beer in 2019 can be found in this article.
July 2011 was fatal for beer - adopted by the State Duma, it significantly changed the legal status of the foamy drink, equating it to alcoholic products and establishing significant restrictions on its sale and consumption.
The new rules for the sale of beer come into effect in stages: the bulk of them are already being implemented in practice, and some changes are yet to show themselves in practice.
A non-stationary retail facility is a retail facility that is a temporary structure or temporary structure (including mobile), not firmly connected to a plot of land, regardless of the absence or presence of a connection to utility networks. This concept is fixed.
Surrounding areas – These are those land plots that are directly adjacent to buildings, structures and structures. The boundaries of such territories are determined by local governments in their decisions.
New rules for the sale of beer and beer drinks of any strength (except non-alcoholic) 2019 established the sale time: sales are unacceptable by law from 23:00 to 8:00 local time. An exception is retail sales in places of catering services (clubs, bars, cafes, restaurants and other similar places).
In each individual subject of the Russian Federation, additional restrictions on the conditions, times and places of retail sale of alcohol, beer and beer drinks may be established, including a complete ban on the retail sale of these products. State authorities of the constituent entities of the Russian Federation are authorized to establish restrictions.
Laws on the sale of beer in 2019 established new trade rules and also affected advertising activities. From now on, beer advertisements cannot be placed on the front and back pages of newspapers and magazines, contain statements about the harmlessness and benefits of the product, or use images of people or animals, even cartoon ones. The rest regarding advertising of alcoholic beverages have not undergone significant changes.
Requirements for commercial premises for beer sales in 2019 according to new rules:
Organizations and individual entrepreneurs providing catering services again fall under the exception - these requirements do not apply to them.
Licensing of activities related to retail sales th, the purchase, storage and supply of beer and beer drinks is not provided. Likewise, labeling for beer and beer drinks is optional.
Of the upcoming restrictions, one is still in effect - the production and circulation of alcoholic beverages containing more than 7% ethyl alcohol of the total volume finished products must be carried out in consumer containers not exceeding 330 milliliters in volume.
However, the sensational bill on establishing a limit on the volume of consumer packaging for alcoholic beverages is already actively taking an offensive position.
According to the new law on the sale of beer in PET, based on data, from July 1, 2017, the production of alcoholic beverages, as well as beer and beer drinks, is allowed only in polymer consumer containers not exceeding a volume of 1.5 liters. In the future, it is planned to gradually reduce the volume of this container to 0.5 liters.
As for the retail sale of beer and beer drinks, the upcoming changes will introduce a ban on the retail sale of alcoholic beverages with a strength of more than 4% of the volume in polymer consumer packaging in general, and 4% or less in polymer consumer packaging whose volume is more than 0.5 liters.
At the same time, the reduction in the volume of PET and the corresponding reduction in the ethyl alcohol content of alcoholic products will occur gradually. The exact dates will be clarified by new amendments to the current legislation.
Presented to beer stores.
The main law regulating the activities of such retail outlets- this is the Federal Law of November 22, 1995 No. 171-FZ “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products...". Changes regarding the rules for the production and sale of beverages came into force in January and July.
Let us recall that in January 2017 the provisions of the above law were tightened. In particular, wholesale manufacturers and sellers beer sales were banned, including draft, in PET containers of more than 1.5 liters.
Sales from July 1, 2017 draft beer in such bottles is also prohibited for retail outlets. Administrative fines are provided for violators:
These requirements also apply to the sale of draft beer. Since beer, according to paragraph 23 of the Rules for the sale of certain types of goods. Due to its characteristics, it requires packaging (packaging). In turn, the requirements for containers are specified in paragraph 2 of the 171-FZ.
All organizations selling alcoholic products must use equipment to record goods and transmit information to Unified State Automated Information System. From July 1, this requirement also applies to retail beer stores in settlements where 3,000 people live and there is no way to connect to the Internet.
Let us remind you that previously such cities and towns were exempt from submitting data to the Unified State Automated Information System; now this requirement has become mandatory for everyone.
Important! From July 1, when selling beer you must use modernized cash registers or online cash registers
For the absence of a special cash register, punishment is provided, according to the Code of Administrative Offenses of the Russian Federation, under Article 14.5 “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.”
These are the latest changes in legislation concerning the retail sale of draft and bottled beer. We regularly publish up-to-date information. Stay tuned for new blog posts!
Hello to all alarmists!
Right this morning, my inbox is flooded with letters, people are asking in the comments on the blog, what should I do now? After all, the Ministry of Finance proposed to ban individual entrepreneurs from selling beer from July 1, 2017! Ahh, the plaster is removed, the diamonds are taken out, everything is gone! Nothing is missing, gentlemen. Relax! I think such a bill will never become law and here's why.
How many such initiatives have our narrow-minded deputies already had? Hundreds! And how many of them have passed? Units! In the accompanying note, the Ministry of Finance argues for its bill by the fact that individual entrepreneurs do not fully declare the volume of retail beer sales. As an illustration, data is provided that separate Breweries declared for 2015 several times less volume of beer than what was sold at retail.
The key word here is separate. How many of these breweries are there? One? Two? What are they called? Where are they located? Unfortunately, the Ministry of Finance does not provide such data, i.e. no evidence of the guilt of these very individuals. Perhaps our deputies decided to take an example from US representatives like Kirby or the notorious Psaki, who from the rostrum like to accuse everyone without any evidence?
Further, the Ministry of Finance complains that fines for individual entrepreneurs for failure to submit alcohol declarations amount to 10-15 thousand, and for LLCs it is already 150-200 thousand rubles. “In this regard, organizations selling beer and beer drinks, in order to evade responsibility, enter into fictitious lease agreements with individual entrepreneurs for the sale of these products,” the explanatory note says. How many such cases have been identified? Which individual entrepreneurs entered into such agreements? The Ministry of Finance is bashfully silent about this data.
I have a logical question: why did you introduce EGAIS then? Alcohol declarations duplicate this system and for good reason they should be abolished long ago! Almost all individual entrepreneurs have long ago registered with EGAIS and conscientiously submit data on alcohol circulation. What else do you need? What other data can you get from alcohol declarations that are not in the Unified State Automated Information System?
When the sale of beer in kiosks was banned on January 1, 2013, about 20% of entrepreneurs closed, and the budget lost huge amounts of tax revenue. The government realized this long ago and is now making attempts to revive the stalls. At the same time, the Ministry of Finance wants to ban the sale of beer to individual entrepreneurs from July 1, 2017, but here 90% of sellers are individual entrepreneurs. What are you missing, people's anger? Is life boring? Or are you up there unable to divide grants from large chains?
In your opinion, now I need to spend money on opening an LLC, extra bookkeeping, buying new keys for Unified State Automated Information System, cash registers, etc.? Do you think this is support for entrepreneurship? I think that sane people from the government will throw even more such questions at the Ministry of Finance. You are raising the excise tax on beer by 60% from January 1, 2017! Will you burst, gentlemen, deputies?
The Ministry of Finance and the RAR have so far refrained from commenting on such questions. This is called: they blurted out without thinking, as most often happens with us. Or is this how they test public opinion? If a wave of indignation arises, then we’ll drop the topic. And if not, we’ll quietly push it to the admiration of all the big networks that give us money in order to crush small entrepreneurs.
I consider the ban on the sale of beer to individual entrepreneurs from July 1, 2017 not only thoughtless, but downright criminal. I think those at the top still understand this and will not allow such a stupid initiative to proceed. What do you think about all this? Write in the comments. And subscribe to new articles, I will keep you up to date!
Sincerely yours, Andrey Pogudin.
Open an individual entrepreneur selling draft beer– the dream of many young entrepreneurs. An interesting product, good demand, not too expensive equipment and rental of a trading platform. And everything would be fine, but special requirements for the beer trade and constant inspections by regulatory authorities often negate both the pleasure and profit from running your business. What will a businessman have to face when choosing such a specialization for his business? This is exactly what our article is dedicated to. So let's begin...
The most popular questions about beer sales asked by individual entrepreneurs:
First of all, we note that the sale of beer for individual entrepreneurs in 2019 is the only permitted type of sale of products that contain alcohol. Beer, cider, mead and other beer-based drinks are all that an individual entrepreneur can sell. Strong alcohol can only be sold legal entities. Therefore, to the question whether an individual entrepreneur can sell beer, the answer is unequivocal - yes, he can. Another question is whether he wants to get involved with this... Yes a number of requirements, which significantly limit the businessman who chose this particular one.
Beer business requirements:
What is EGAIS for beer? individual entrepreneur? The purpose of introducing EGAIS is to improve control over the production, movement and sale of products containing alcohol, including beer. This applies to all manufacturers, suppliers and final distributors of alcoholic products.
Ideally, with such a system, each bottle would be labeled and tracked from the factory to the buyer. As usual, a good intention (the fight against counterfeit products) resulted in a big headache for individual entrepreneurs.
Where to start as an individual entrepreneur for EGAIS (beer retail):
The question of the feasibility of introducing such a procedure still haunts business; it is often discussed on the Internet, in printed publications, in television programs. Here is one of the interesting posts on this topic:
The main changes to the law on retail trade in beer for individual entrepreneurs concern recording in the EGAIS system the fact of purchasing beer from a supplier. EGAIS has been introduced for individual entrepreneurs (beer in retail) since 2016, but only in terms of confirming the purchase of beer from the supplier. Individual entrepreneurs are not required to confirm the facts of beer sales.
Generally speaking, the introduction of EGAIS for individual entrepreneurs (beer retail) in rural areas does indeed introduce many difficulties, if only because of the lack of Internet in many settlements.
The new rules for the sale of beer in 2019 for individual entrepreneurs in rural areas do not make any exceptions - the fact of purchase will have to be recorded in EGAIS regardless of the size of the rural settlement and the availability of the Internet. Otherwise it will be a violation Federal Law dated June 29, 2015 No. 182-FZ.
That is, to sell beer, an individual entrepreneur must purchase necessary equipment, in order to transmit information about purchases to EGAIS, and also be sure to keep a log of sales of beer (any alcohol). To summarize, we note once again that the legislators introduced new things about the sale of beer in 2019 for individual entrepreneurs.
What to do first:
Thus, reporting on beer for individual entrepreneurs in 2019 means recording purchases in EGAIS and recording sales in the sales journal.
Let's consider whether a license is needed to trade beer for an individual entrepreneur in 2019. We have already discussed this issue earlier, in the article, but we will briefly summarize it here.
Based on Federal Law No. 171-FZ of November 22, 1995, retail sale of beer is not a licensed activity. Therefore, it is not necessary to obtain a beer license for an individual entrepreneur (as well as for an LLC).
People often ask what is better for beer retailing - an individual entrepreneur or an LLC? In our opinion, individual entrepreneurs are preferable for beer trade, if only for the reason of lower fines for violations. Taking into account the information provided in the article, it is now not at all easy to trade beer without violations.
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Beer trading in 2019 for individual entrepreneurs: new rules updated: April 12, 2019 by: Everything for individual entrepreneurs
