ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 15, 2020 No. 2099

About approval of Rules of marking of dairy products means of identification and the features of implementation of the state information system of monitoring of turnover of goods which are subject to obligatory marking by means of identification concerning dairy products

The government of the Russian Federation decides:

1. Approve the enclosed Rules of marking of dairy products by means of identification.

2. Determine that participants of turnover of dairy products according to the Rules approved by this resolution:

a) perform the registration in the state information system of monitoring of turnover of goods, subject to obligatory marking by means of identification (further information system of monitoring), from the date of entry into force of this resolution or within 7 calendar days from the date of emergence of need of implementation by the participant of turnover of dairy products of the activities connected with input in turnover and (or) turnover, and (or) conclusion from turnover of dairy products (except for the participants of turnover of dairy products falling under action of provisions of Items 3 and 7 of article 2 of the Federal law "About Use of the Control and Cash Equipment when Implementing Calculations in the Russian Federation"). At the same time the participants of turnover of dairy products falling under action of provisions of Items 3 and 7 of article 2 of the Federal law "About Use of the Control and Cash Equipment when Implementing Calculations in the Russian Federation" perform the registration in information system of monitoring within 30 calendar days from the date of emergence of need of implementation of the activities connected with input in turnover by them, and (or) turnover, and (or) conclusion from turnover of the marked dairy products;

b) in time no later than 30 calendar days from the date of registration in information system of monitoring provide readiness of own software and hardware for information exchange with information system of monitoring and send to the operator of information system of monitoring the request for passing of testing of information exchange electronically;

c) after registration in information system of monitoring send to the operator of information system of monitoring the request for provision of remote access to the issue registration device placed in infrastructure of information system of monitoring, electronically;

d) pass test of information exchange of own software and hardware and information system of monitoring according to the procedure posted on the official site of the operator of information system of monitoring on the Internet concerning the transactions connected with marking of dairy products, input of dairy products in turnover, its turnover and conclusion from turnover according to the Rules approved by this resolution, in time no later than 60 calendar days from the date of readiness of own software and hardware for information exchange with information system of monitoring and the direction of the request according to the subitem "b" of this Item.

3. Determine that:

a) concerning cheeses (from code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the commodity nomenclature) 0406 and from code of the All-Russian Product Classifier by types of economic activity (further - the qualifier) 10.51), and also ice cream and other types of food ice which are not containing or containing cocoa (except for ice cream and desserts without content of milk fats and (or) milk protein in structure) (from code of the commodity nomenclature 2105 00 and from code on the qualifier 10.52):

the participants of turnover of dairy products performing input in turnover of the specified dairy products put funds of identification for the specified dairy products and represent to information system of monitoring of the data on drawing means of identification and input in turnover of the specified dairy products according to the Rules approved by this resolution since June 1, 2021, represent to information system of monitoring according to the Rules approved by this resolution, data on conclusion from turnover of the specified dairy products by retail sale since September 1, 2022, data on conclusion from turnover by retail sale of the specified dairy products with expiration date more than 40 days - since September 1, 2022, data on turnover and data on conclusion from turnover in the way which is not retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

the participants of turnover of dairy products performing wholesale trade by the specified dairy products and the participants of turnover of dairy products performing retail trade by the specified dairy products represent to information system of monitoring of the data on conclusion from turnover of the specified dairy products by retail sale according to the Rules approved by this resolution since September 1, 2022, data on conclusion from turnover by retail sale of the specified dairy products with expiration date more than 40 days - since September 1, 2022, data on turnover and data on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

b) concerning dairy products with storage duration more than 40 days (from codes of the commodity nomenclature 0401, 0402, 0403, 0404, 0405, 0406, 2202 99 910 0, 2202 99 950 0, 2202 99 990 0 and from codes on the qualifier 10.51, 10.86.10. 110, 10.86.10.140, 10.86.10.190):

the participants of turnover of dairy products performing input in turnover of the specified dairy products put funds of identification for the specified dairy products and represent to information system of monitoring of the data on drawing means of identification and input in turnover of the specified dairy products according to the Rules approved by this resolution since September 1, 2021, represent to information system of monitoring according to the Rules approved by this resolution, data on conclusion from turnover of the specified dairy products by retail sale since September 1, 2022, data on turnover and data on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

the participants of turnover of dairy products performing wholesale trade by the specified dairy products and the participants of turnover of dairy products performing retail trade by the specified dairy products represent to information system of monitoring of the data on conclusion from turnover of the specified dairy products by retail sale according to the Rules approved by this resolution since September 1, 2022, data on turnover and data on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

c) concerning dairy products from storage duration to 40 days (inclusive) (from codes of the commodity nomenclature 0401, 0402, 0403, 0404, 0405, 0406, 2202 99 910 0, 2202 99 950 0, 2202 99 990 0 and from codes on the qualifier 10.51, 10.86.10. 110, 10.86.10.140, 10.86.10.190):

the participants of turnover of dairy products performing input in turnover of the specified dairy products put funds of identification for the specified dairy products and represent to information system of monitoring of the data on drawing means of identification and input in turnover of the specified dairy products according to the Rules approved by this resolution since December 1, 2021, data on conclusion from turnover of the specified dairy products by retail sale according to the Rules approved by this resolution - since September 1, 2022, data on turnover and data on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

the participants of turnover of dairy products performing wholesale trade by the specified dairy products and the participants of turnover of dairy products performing retail trade by the specified dairy products represent to information system of monitoring of the data on conclusion from turnover of the specified dairy products by retail sale according to the Rules approved by this resolution since September 1, 2022, data on turnover and data on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

in (1)) concerning the dairy products having various storage durations depending on the storage conditions specified in case of registration of dairy products if the minimum storage duration of such products constitutes up to 40 days (inclusive) (from codes of the commodity nomenclature 0401, of 0402, of 0403, of 0404, of 0405, of 0406, 2202 99 910 0, 2202 99 950 0, 2202 99 990 0 and from codes on the qualifier 10.51, 10.86.10. 110, 10.86.10.140, 10.86.10.190):

the participants of turnover of dairy products performing input in turnover of the specified dairy products put funds of identification for the specified dairy products and represent to information system of monitoring of the data on drawing means of identification and input in turnover of the specified dairy products according to the Rules approved by this resolution since December 1, 2021, data on conclusion from turnover of the specified dairy products by retail sale according to the Rules approved by this resolution - since September 1, 2022, data on turnover and on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

the participants of turnover of dairy products performing wholesale trade by the specified dairy products and the participants of turnover of dairy products performing retail trade by the specified dairy products represent to information system of monitoring of the data on conclusion from turnover of the specified dairy products by retail sale according to the Rules approved by this resolution since September 1, 2022, data on turnover and on conclusion from turnover in the way which is not the retail sale specified to dairy products according to the Rules approved by this resolution - since September 1, 2022;

d) concerning any dairy products which are subject to marking by means of identification according to this resolution:

participants of turnover of dairy products, being peasant farms, agricultural production cooperatives, do not put funds of identification for the specified dairy products and do not represent to information system of monitoring of the data on drawing means of identification, input in turnover, turnover and conclusion from turnover of the specified dairy products according to the Rules approved by this resolution till September 1, 2024;

e) participants of turnover of dairy products have the right to put funds of identification for dairy products and to represent to information system of monitoring of the data on drawing means of identification, input in turnover, turnover and conclusion from turnover of dairy products according to the Rules approved by this resolution since January 20, 2021;

e) the participants of turnover of dairy products acquiring dairy products for use for the purpose of, not connected with its subsequent realization (sale) having the right not to represent to information system of monitoring of the data on conclusion from turnover of the specified dairy products according to the Rules approved by this resolution till November 30, 2023 inclusive.

4. Determine that in the territory of the Russian Federation input in turnover of specific types of dairy products without drawing funds of identification for it and representation in information system of monitoring of data on marking of dairy products is allowed by means of identification before the corresponding date, the stipulated in Item 3 presents of the resolution with which drawing funds of identification for such dairy products or representation in information system of monitoring of data becomes obligatory.

Within one month after approach of the corresponding date, the stipulated in Item 3 presents of the resolution with which drawing funds of identification for such dairy products becomes obligatory release by customs authorities for internal consumption or reimport of unmarked dairy products, the acquired earlier corresponding date, the stipulated in Item 3 presents of the resolution is allowed.

In the presence as of date, the stipulated in Item 3 presents of the resolution with which drawing funds of identification for such dairy products or representation in information system of monitoring of data becomes obligatory in the territory of the Russian Federation of the unrealized dairy products made or imported on the territory of the Russian Federation before the specified date realization of such dairy products not marked is allowed by means of identification before the termination of expiration date of these products.

5. Registration in the information system used for the purpose of ensuring carrying out experiment according to the order of the Government of the Russian Federation of June 29, 2019 with No. 836 "About carrying out experiment on marking by means of identification of separate types of dairy products in the territory of the Russian Federation", legal entities and individual entrepreneurs who as of December 31, 2020 were participants of experiment is equated to registration in information system of monitoring according to the subitem "an" of Item 2 of this resolution.

If the data provided within the experiment by participants of turnover of dairy products to information system in which information support of carrying out experiment is performed do not meet the requirements of the Rules approved by this resolution, participants of turnover of dairy products represent to information system of monitoring missing and (or) urgent data before the corresponding date, the stipulated in Item 3 presents of the resolution.

6. Determine that the operator of information system of monitoring provides:

a) provision to participants of turnover of dairy products of remote access to the issue registration devices placed in infrastructure of information system of monitoring on the conditions provided by the Rules approved by this resolution, in time no later than 60 calendar days from the date of obtaining from the participants of turnover of dairy products registered in information system of monitoring, the request electronically for provision of remote access to the issue registration device;

b) the organization of testing of information exchange of software and hardware of participants of turnover of dairy products and information system of monitoring in time no later than 30 calendar days from the date of obtaining from the participants of turnover of dairy products registered in information system of monitoring, the notification of the readiness to information exchange with information system of monitoring.

7. Operation of this resolution does not extend to dairy products on which according to the Rules approved by this resolution, and international treaties of the Russian Federation requirements about obligatory marking by means of identification do not extend.

8. Determine that with approach of the corresponding date, the stipulated in Item 3 presents of the resolution with which drawing funds of identification for specific types of dairy products becomes obligatory provision to the participant of turnover of dairy products of the codes of marking necessary for forming of means of identification, is performed by the operator of information system of monitoring on paid basis according to the Rules approved by this resolution.

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