On approval of normative legal acts in the field of regulation of the turnover of consumer and technical ethyl alcohol, alcohol and tobacco products (634-son)

11.10.2021

Resolution

of the Cabinet of Ministers of the Republic of Uzbekistan

On the basis of Decree No. 6033 of the President of the Republic of Uzbekistan “On improving the management system in the field of production and regulation of the circulation of alcoholic and tobacco products” dated July 23, 2020 and the Resolution No. 4787 of the President of the Republic of Uzbekistan “On the organization of the activities of the Agency for the regulation of the alcohol and tobacco market and the development of winemaking of the Republic of Uzbekistan” dated July 23, 2020, the Cabinet of Ministers decrees:

1. Approve:

the Regulation on the procedure for equipping measuring equipment and volumetric automated measuring and accounting tools in the production of household and technical ethyl alcohol, alcoholic products on the basis of the Appendix 1 in order to provide for the installation of measuring equipment and other metering devices that transmit information to the accounting information system in the production of ethyl alcohol for household and technical and alcoholic products;

the Regulation on the procedure for conducting a sample purchase of alcoholic and tobacco products and their examination (testing) on the basis of Appendix 2, in order to provide for the sample purchase of alcoholic and tobacco products in retail trade and public catering enterprises, the study of their samples in testing laboratories and the financing of these costs.

2. The Agency of the Republic of Uzbekistan for the regulation of the alcohol and tobacco market and the development of winemaking, together with the relevant ministries and departments, within two months, bring the legal documents adopted by them into line with this Resolution.

3. Control over the implementation of this resolution is entrusted to Sh.M. Ganiev, the Deputy Prime Minister of the Republic of Uzbekistan for the development of the agro-food industry.

Prime Minister of the Republic of Uzbekistan A. ARIPOV

Tashkent city,

October 11, 2021 у.,

No. 634

APPENDIX 1 to the Resolution No. 634 of the Cabinet of Ministers dated October 11, 2021

REGULATION

on the procedure for equipping measuring equipment and volumetric automated measuring and accounting tools in the production of household and technical ethyl alcohol, alcoholic products

Chapter 1. General Provisions

1. This Regulation determines the procedure for installing measuring instruments and other means of accounting and registration that transmit information to the accounting information system in the production of consumer and technical ethyl alcohol (hereinafter referred to as ethyl alcohol) and alcoholic products.

When dispensing ethyl alcohol and alcoholic products stops, the measuring device stops, as well as when products are continuously sent from the main equipment and the measuring device stops working, the workflow must be transferred to another measuring device.

2. The following basic concepts apply in this Regulation:

distillates — a product of winemaking, obtained by simple and (or) fractional distillation and (or) rectification of fermented must or processed wine material in the production of alcoholic products, fermented or curd sediments containing ethyl alcohol, pulp from grape pressing and other alcohol-containing raw materials (wine, grape, fruit and berry, cognac, Calvados and whiskey distillates);

batcher — a device that automatically measures (dispenses) the mass or volume of liquid and dispersible substances;

measuring instruments (electronic meters) — technical means used for measurements and having standardized metrological characteristics;

test tube (éprouvette) — equipment in the form of a half-cup, which determines the volume fraction of ethyl alcohol in the passing liquid before it is transferred to the bottling department;

the main fraction of ethyl alcohol (hereinafter referred to as ester-aldehyde fraction (EAF) — with a high content of volatile additives, a volume fraction (strength) of ethyl alcohol of at least 92.0 percent, isolated as a result of ready fermentation or rectification, raw ethyl alcohol obtained from food raw materials, a water-alcohol solution, which is a by-product of the ethyl alcohol production process, extracted and rectified from raw materials.

Chapter 2. Installation of measuring instruments

3. In organizations producing ethyl alcohol (with the exception of wine, grape, fruit and berry, cognac, Calvados, whiskey distillates and spirits), devices for measuring the volume, temperature and density of the finished product are installed in the following places:

when transferring ethyl alcohol to the bottling department (alcohol receiving department) after the test tube (lamp) and before delivery to the finished product warehouse (alcohol storage warehouse);

when shipping ethyl alcohol to consumers by rail, road or other means of transport, as well as when sending ethyl alcohol to a separate division of the organization, before bottling (shipping) ethyl alcohol into consumer containers after a measuring cup in an alcohol collector.

4. In organizations producing EAF, devices for measuring the volume of the finished product, temperature and density in the finished product are installed in the following places:

After cooling before transferring the EAF to the alcohol receiving department and to the finished product warehouse (alcohol storage warehouse);

When loading and unloading EAF to consumers by rail or other transport after the measuring device at the site of alcohol overflow before loading the EAF into a railway transport container;

When sending the EAF to a separate division of the organization, after the measuring device in the EAF collection department, before filling (shipping) the EAF into containers.

5. In organizations producing alcoholic products (except for natural wine, wine from fruits and berries, sparkling (champagne), carbonated wine, non-alcoholic wine drinks, beer and beer drinks), the volume, temperature and density of the finished product poured in the container, measuring instruments are installed in the following places:

when consuming ethyl alcohol and alcoholic products used as raw materials, they are purchased at the receiving department before the delivery of these products to the warehouse (alcohol storage warehouse, wine storage warehouse);

(automatic) bottling equipment, batcher and device for their assembly;

in organizations producing alcoholic beverages, measuring instruments that ensure the accounting of products bottled in consumer containers are installed after filling (automated) machines, capping, labeling machines, before the delivery of products bottled in consumer containers to the warehouse.

6. In organizations producing alcoholic products (except for natural wine, wine from fruits and berries, sparkling (champagne), carbonated wine, non-alcoholic wine drinks, beer and beer drinks), the volume, temperature and density of the finished product not-poured in the container, measuring instruments are installed in the following places:

when consuming ethyl alcohol and purchased alcoholic products used as raw materials, to the receiving department until these products are delivered to the warehouse (alcohol storage warehouse, wine storage warehouse);

before delivery to the warehouse of alcoholic products that are not bottled in consumer packaging after the last technological process;

in the case of delivery to the consumer (buyer) of non-consumable alcoholic products, as well as in the case of using non-consumable alcoholic products in the organizational structure of the organization for their own needs in the production of alcoholic products, after the measuring device before being sent to the dispatch department.

7. In the event that organizations producing natural wine, fruit and berry-fruit wine, sparkling wine (champagne), carbonated wine, non-alcoholic wine drinks, purchase wine products used as raw materials (obtained from a separate division of this organization), the volume of production of the product delivery measurements measuring devices are installed in the receiving department before delivery to the warehouse (wine storage warehouse).

In organizations, measuring instruments that ensure the accounting of products spilled into consumer containers specified in this clause are installed after packaging (packing (automatic) machines, aggregate device, dispenser, etc.) before delivery of products spilled into consumer containers to the warehouse .

8. When purchasing wine distillate, wine spirit, grape distillate or rectified grape spirit as a raw material for use in wine-growing organizations, measuring instruments that measure the volume, temperature and density of this finished product from delivery to the warehouse (alcohol storage warehouse) to the receiving department established earlier.

The means for measuring the volume of finished products specified in this paragraph are installed in organizations in the following places:

when purchasing wine products for use as raw materials or receiving them from a separate subdivision of the same organization before putting them into a warehouse (wine storage warehouse);

upon delivery or transfer of wine products to a separate subdivision of this organization before bottling (loading) into the consumerʼs (buyerʼs) shipping container to the shipping department;

9. In organizations producing distillates (including wine, grape, fruit and berry, cognac, Calvados, whiskey, as well as wine and grape spirits), measuring instruments that measure the volume, temperature and density of this finished product are installed in the following places:

after the transfer of distillation machinery (equipment) before transfer to the warehouse for storage;

upon delivery to the consumer (buyer) of distillates (including wine, grape, fruit and berry, cognac, calvados, whiskey, as well as wine and grape spirits) (when sent to a separate structure of this organization) before bottling (shipment) into a shipping container.

When purchasing or receiving wine materials used as raw materials from a separate structure of the organization, in the organizations specified in this paragraph, the means for measuring the volume of finished products are installed in the receiving department before the products are transferred to the warehouse.

10. When purchasing wine and grape distillate, wine and grape spirit, rectified grape spirit, other fruit and berry distillates for use as raw materials in organizations producing bottled fortified wine products, measuring instruments that measure the volume, temperature, density of finished products are installed in the reception branch in front of the warehouse (wine and vodka warehouse).

In the production of fortified wine materials, devices for measuring the volume of finished products are installed in organizations in the following places:

when purchasing wine products for use as raw materials or receiving them from a separate subdivision of the same organization before putting them into a warehouse (wine storage warehouse);

after consumable (pressure) containers, in front of filling (automatic) machines (packing (automatic), aggregate batcher, dispenser, etc.).

In the organizations specified in this paragraph, measuring instruments that provide accounting for the product poured into consumer packaging are installed on the bottling line after the machine (automatic machine) with filling (bottling) equipment and capping equipment.

11. In organizations producing beer and beer products bottled in consumer containers, the means for measuring the volume of this type of finished product are installed in front of the filling (automatic) machines after the consumable (pressure) container (packing (automatic) machines, aggregate device, dispenser, etc.).

In the organizations specified in this paragraph, measuring instruments that provide accounting for the product poured into consumer packaging are installed on the bottling line after the machine (automatic machine) with filling (bottling) equipment and capping equipment.

Chapter 3. Scheme of equipping the main technological equipment with measuring instruments, sealing and unsealing

12. The equipment of measuring instruments is carried out in accordance with the requirements of this decision, as well as their maintenance in accordance with the requirements of the technical documentation for the equipment.

A comparative inspection of the equipment is carried out every two years in accordance with the law.

13. Places for equipping the main technological equipment with measuring instruments are indicated by the organization in the scheme for equipping the main technological equipment with measuring instruments (hereinafter referred to as the equipment diagram).

14. The scheme of equipment for alcohol warehouses, wine warehouses, alcoholic beverage bottling lines and other production facilities where measuring instruments are installed is drawn up separately for each object in two copies.

The scheme of equipment is signed by the head of the organization and certified by the seal of the organization.

15. After the main technological equipment is equipped with measuring instruments, the main technological equipment shall be sealed (stamped) by an authorized employee of the Inspectorate for Regulating the Alcohol and Tobacco Market (hereinafter — the Inspectorate) in the presence of an authorized representative of the organization at the location of the organization or its organizational structure, and an act shall be drawn up.

An appropriate entry shall be made in the equipment diagram by the authorized employee of the Inspectorate, indicating the number and date of the act of sealing (unsealing).

The sealing (unsealing) document is considered to be an integral part of the equipment diagram, contains information about the installed seals and (or) holographic stickers, a description of the appearance of the seal and (or) the numbers of the seals (holographic stickers) used. in sealing (sealing), as well as in their locations.

The act of sealing (unsealing) shall be signed by the authorized person of the organization who was present during the sealing (unsealing) of the measuring instruments, as well as by the representative of the Inspectorate.

16. One copy of the equipment diagram drawn up in accordance with the requirements of paragraphs 12 — 14 of this Regulation shall be kept by the organization, and the second copy shall be kept by the Inspectorate.

Chapter 4. Final provision

17. Persons guilty of violating the requirements of this Regulation are liable in accordance with the law.

APPENDIX 2 to the Resolution No. 634 of the Cabinet of Ministers dated October 11, 2021

REGULATION

on the procedure for conducting a sample purchase of alcoholic and tobacco products and their examination (testing)

Chapter 1. General Provisions

1. This Regulation defines the procedure for carrying out control purchases of alcohol and tobacco products at retail and catering enterprises, conducting expertise to determine their compliance with technical regulations in cooperation with competent authorities, as well as covering these costs from the extra-budgetary fund of the Inspectorate for Regulating the Alcohol and Tobacco Market (hereinafter — the Inspectorate).

2. The following basic concepts are used in this Regulation:

control purchase — a set of measures carried out to detect illegal turnover of alcohol and tobacco products sold to consumers in retail outlets and catering enterprises, as well as to identify factors contributing to the "shadow economy" and low-quality products by monitoring compliance with technical regulations;

testing — a method of analyzing and evaluating the results of analysis under laboratory conditions to study the compliance of the product with the requirements of technical regulations;

expertise — a set of organizational and legal works for assessing and analyzing the correctness of mandatory requirements for product safety in accordance with technical regulations.

3. Control purchase and subsequent expertise (testing) shall be carried out by representatives of the Inspectorate in accordance with this Regulation, without interfering with the financial and economic activities of business entities, through the purchase of alcohol and tobacco products and conducting expertise (testing) in accredited testing laboratories according to the attached scheme.

4. A sample purchase can be based on one of the following:

the control purchase plan approved by the head of the Inspectorate and posted on the official website of the Inspectorate;

information received from authorized bodies, including law enforcement agencies, the media, sources of the global information network Internet and messages posted on social networks;

appeals of individuals and legal entities in accordance with the law;

Orders of the Administration of the President of the Republic of Uzbekistan, the Cabinet of Ministers.

5. The control purchase plan shall be developed annually by the Inspectorate and approved by the head of the Inspectorate; the Inspectorate may introduce amendments and additions to this plan.

6. The sample purchase plan should include the following information:

sample purchase period (year, month);

venue of the sample purchase (region, city, district);

mandatory requirements to be assessed during a sample purchase;

names of products for which the sample purchase is carried out.

7. Control purchase and expertise (testing) of products shall be carried out by the Inspectorate based on the principles of legality, publicity, objectivity, fairness, equality, and transparency.

Chapter 2. The procedure for conducting sample purchase

8. An order for carrying out a control purchase shall be adopted by the head of the Inspectorate one day prior to the event.

9. The order must contain the following information:

surname, first name, patronymic, and position of the authorized employee or employees of the Inspectorate;

the name of the legal entity or individual entrepreneur from whom the sample purchase is carried out, last name, first name, patronymic, as well as the postal address of the place where the sample purchase is directly carried out;

identification number of the taxpayer of the legal entity or individual entrepreneur, as well as the date and number of the license and/or other documents issued to carry out activities;

mandatory requirements are evaluated during sample purchases;

grounds for making a sample purchase;

the name of the purchased products during the sample purchase, their quantity, information about the purchase and payment;

terms of sample purchases (year, month, day);

information about the need for photos and videos during sample purchase;

other information necessary for the sample purchase of alcoholic products.

10. Control purchase shall be carried out by the responsible employees of the Inspectorate specified in the order for its conduct.

11. Sample purchase is considered completed only upon issuance of a cash receipt and / or other document of the established form.

12. After the completion of the control purchase, the employee of the Inspectorate responsible for the control purchase shall inform the representative of the legal entity or the individual entrepreneur or their representative about the conduct of the control purchase, present their service ID, and provide a copy of the order to carry out the control purchase.

The representative of a legal entity or an individual entrepreneur or his representative makes an appropriate note in the sample purchase document that he/she has read the sample purchase order and received a copy.

In cases where a representative of a legal entity or an individual entrepreneur or his representative refuses to familiarize himself and (or) receive a copy of the sample purchase order, the relevant information is entered into the document.

13. It is not allowed to eliminate defects in goods or carry out retail sales by a legal entity or an individual entrepreneur before a sample purchase is made.

14. The standard form of the act shall be approved by the Inspectorate. The following information shall be specified in the act:

date, time and place of drawing up the document;

the name of the state body carrying out the sample purchase (if any);

date and number of the sample purchase order;

surname, name, patronymic and position of the official or persons who conducted the sample purchase;

the name of the legal entity or the surname, first name, patronymic of the individual entrepreneur, the location of the legal entity, the place of activity of the individual entrepreneur and (or) the actual address of the individual entrepreneur, at which the sample purchase was made directly;

information about the products received during the sample purchase (type of product, expiration date, package size and number of samples), their purchase and payment;

information on identified cases of violation of mandatory requirements or their absence;

information that the representative of the legal entity or individual entrepreneur or his representative has read and received a copy of the order to sample purchase or refused to read and receive a copy of the order to sample purchase;

information on the use of objective (if available) or photo and video recordings of participation in the sample purchase;

other information provided in the sample purchase order;

the signature of the responsible employee (employees) who conducted the sample purchase, and the signatures of the persons participating in the sample purchase (if any);

a place for the signature of a representative of a legal entity or an individual entrepreneur or his representative, or information about the refusal to sign;

information about the need to pass the exam (test).

15. The act is presented to a representative of a legal entity or an individual entrepreneur or his representative for signing in the presence of impartial persons.

As a neutral participant, any capable adult natural person, disinterested, connected, being or being under the control of each other and the participants in the sample purchase, can be invited. The number of impartial witnesses may not be less than two.

In cases of refusal to sign a document by a representative of a legal entity or an individual entrepreneur or his/her representative, information on the refusal to sign the document is entered.

After completion, a copy of the act is handed over to a representative of a legal entity or an individual entrepreneur or his representative where has been conducted sample purchase.

16. When sending products received in the course of a sample purchase for examination, an appropriate entry is made in the document containing a marked list of these products.

Sending (in transport) and storage of products for examination is carried out in accordance with the requirements for transportation and storage of products on the basis of regulatory documents in the field of technical regulation.

17. Documents confirming the purchase of products, cash receipts and sales receipts are attached to the act.

18. When conducting a control purchase, the responsible employee of the Inspectorate shall:

independently selects the goods by name and number specified in the order;

signs documents related to the sample purchase, and performs other actions necessary for the purchase of products;

requires documents and information about goods, which must be provided in accordance with consumer protection legislation, without interfering with the financial and economic activities of a business entity;

if necessary, uses the means of photo and video recording.

Chapter 3. Product examination procedure

19. Examination of alcoholic and tobacco products obtained in the course of sample purchases — on the spot, the test — is carried out in accredited testing laboratories.

20. The expertise of products shall be carried out by the responsible employee(s) of the Inspectorate solely for the purpose of selecting products for testing.

In this case, an examination is carried out in accordance with the following requirements:

storage conditions for products in the sales department;

compliance of the labeling of alcohol and tobacco products with the requirements of technical regulations;

observance of the expiration date set by the manufacturer.

21. Expired products are not allowed to be tested in testing laboratories. In cases of their detection at retail trade and public catering enterprises, measures provided for by regulatory legal acts are applied to a legal entity or individual entrepreneur.

22. Products purchased for testing during sample purchases must be shipped and stored without harm to it under the conditions established by trade and public catering enterprises.

23. If it is necessary to test the product, it must be delivered to the testing laboratories no later than the date of completion of the sample purchase.

24. Testing of products shall be carried out by the Inspectorate on a contractual basis in state and non-state testing laboratories accredited within the national accreditation system.

25. Samples of products obtained during the control purchase shall be sent by the responsible employee of the Inspectorate to testing laboratories in the quantities established in regulatory documents, accompanied by the order to conduct the control purchase and supporting documentation, with trade names removed and fully concealed while maintaining the consumer packaging.

26. The attached document will include the following:

number and date of the attached document;

surname, name, patronymic, position and signature of the responsible person delivering product samples;

surname, name, patronymic, position and signature of the responsible employee of the testing laboratory accepting product samples for testing;

number and date of the act of transfer of the sample purchase;

product name, production date, product packaging size, number of samples;

signs of compliance with storage conditions during the delivery of product samples.

27. Tests of product samples are carried out in accordance with the regulatory documents in the field of technical regulation established for these products, within the time specified in the contract.

28. The results of the expertise (test) shall be sent by the Inspectorate to the legal entity or individual entrepreneur via mail or email within a period not exceeding three working days from the time the test reports are formalized.

29. The results of the expertise (test) shall be continuously posted on the official website of the Inspectorate.

30. When instances of non-compliance with trade rules or the requirements of technical regulations are identified based on the results of the expertise (test), the Inspectorate shall submit relevant documents to the competent authorities, who shall take measures against the guilty persons in accordance with legislative acts.

Chapter 4. Financing of works related to sample purchases

31. Financing of works related to control purchases and product testing shall be carried out at the expense of the extra-budgetary fund of the Inspectorate.

32. Expenses for control purchases incurred by employees authorized by the order of the head of the Inspectorate shall be fully reimbursed from the extra-budgetary fund of the Inspectorate based on supporting documents.

In this case, on the basis of an application and estimates, an advance payment (advance payment) can be made to the bank plastic card of the person carrying out the sample purchase, which is taken into account in the report with all supporting documents attached no later than three working days after the completion of the sample purchase.

These expenses shall be planned under a separate expenditure classification in the Inspectorate's estimate of expenditures.

When conducting sample purchases for cash, documents confirming the purchase (cash receipt, etc.) are attached to the case of procurement documents.

33. The responsible employee of the Inspectorate shall be liable for ensuring that the control purchases are conducted in accordance with the legislation.

Chapter 5. Final provisions

34. The results of the control purchase, along with photo and video materials collected during its execution, may be posted on the official website of the Inspectorate and published in the mass media, provided that legislative requirements regarding personal data and trade secrets are observed.

35. It is strictly forbidden to interfere in the financial and economic activities of legal entities or individual entrepreneurs and conduct inspections during sample purchases.

36. Persons guilty of violating the requirements of this Regulation are liable in accordance with the law.

37. Persons who obstruct the performance of the tasks and functions assigned to the Inspectorate shall be held liable in accordance with the procedure established by legislative acts.

38. The seller (manufacturer, executor) has the right to conduct a test purchase and appeal to the court the results of the examination (testing) of products in the prescribed manner.

APPENDIX to the Regulation on the procedure for conducting a sample purchase of alcoholic and tobacco products and their examination (testing)

SCHEME

of procurement and examination of alcoholic and tobacco products

Phases Parties Measures Terms Phase 1 Agency for Regulation of the Alcohol and Tobacco Market and Development of the Wine Industry of the Republic of Uzbekistan 1. Forms and approves a plan for conducting sample purchases. 2. Place the sample purchase plan on the official website. Every year In January Phase 2 Director of Agency for Regulation of the Alcohol and Tobacco Market and Development of the Wine Industry of the Republic of Uzbekistan 1. According to the approved plan, he/she also make orders on the basis of information received from the competent authorities, the media, sources of the global Internet information network and messages posted on social networks. 2. Informs the representative of the President of the Republic of Uzbekistan on the protection of the rights and legitimate interests of business entities regarding the conduct of sample purchases. The day before the event Phase 3 Responsible officer of the Agency for Regulation of the Alcohol and Tobacco Market and Development of the Wine Industry of the Republic of Uzbekistan 1. Procures the corresponding goods from the economic entity specified in the order (on the spot). 2. Sends purchased samples to the testing laboratory in the prescribed manner. On the date specified in the order On the date of the sample purchase Phase 4 Accredited state and non-state laboratories Tests product samples and sends test reports to the Agency. Technical documentation and within the period specified in the contract Phase 5 Agency for Regulation of the Alcohol and Tobacco Market and Development of the Wine Industry of the Republic of Uzbekistan 1. Sends the results of the survey (test) to a legal entity or individual entrepreneur by mail or e-mail. 2. If, as a result of the examination, cases are found that do not meet the requirements of regulatory documents in the field of regulation, the relevant documents are sent to the competent authorities. Within 3 working days from the date of receipt of test results Phase 6 Agency for Regulation of the Alcohol and Tobacco Market and Development of the Wine Industry of the Republic of Uzbekistan The results of the sanple purchase will be posted on the official website and published in the media in compliance with the requirements of the law. According to the results of the sample purchase