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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 4, 2021 No. 704

About approval of Rules of destruction of the withdrawn counterfeited wine-making products, poor-quality wine-making products, counterfeit wine-making products

According to part 6 of article 47 of the Federal law "About Wine Growing and Winemaking in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of destruction of the withdrawn counterfeited wine-making products, poor-quality wine-making products, counterfeit wine-making products.

2. This resolution becomes effective since March 1, 2022 and is effective till March 1, 2028.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of May 4, 2021 No. 704

Rules of destruction of the withdrawn counterfeited wine-making products, poor-quality wine-making products, counterfeit wine-making products

1. These rules determine procedure for destruction of the withdrawn counterfeited wine-making products, poor-quality wine-making products, counterfeit wine-making products (further - the withdrawn wine-making products).

2. The withdrawn wine-making products are liable to destruction by a court decision.

3. The owner of the withdrawn wine-making products by a court decision performs its destruction independently or with involvement of the specialized organization which performs destruction of the withdrawn wine-making products and information about which it is posted on the official site of Federal Service for Veterinary and Phytosanitary Surveillance or its territorial authorities (further respectively - the specialized organization, authorized body) on the Internet (further - Internet network).

Within 30 calendar days from the date of the introduction of the judgment in legal force the owner of the withdrawn wine-making products for the purpose of accounting of the destroyed withdrawn wine-making products notifies in writing authorized body by means of the mailing or in electronic form on time and the place of its destruction.

4. Concerning the withdrawn wine-making products which owner is not established the authorized body within 30 calendar days from the date of identification of the withdrawn wine-making products takes a legal action with the statement for its destruction.

5. The authorized body attracts the specialized organization according to the budget legislation of the Russian Federation or the legislation of the Russian Federation on contractual system in the sphere of purchases of goods, works, services to ensuring the state and municipal needs.

6. The specialized organization performs destruction of the withdrawn wine-making products within 30 calendar days from the date of its transfer for destruction by its owner or authorized body.

7. On the official site of Internet authorized body information is posted online:

about the specialized organizations;

about the fact of absence of the owner of the withdrawn wine-making products for the purpose of his search.

8. The expenses connected with destruction of the withdrawn wine-making products are compensated by its owner.

If the owner of the withdrawn wine-making products is not established, the expenses connected with its destruction are performed at the expense of the means provided to authorized body in the federal budget for the next financial year and planning period.

9. Destruction of the withdrawn wine-making products is performed in the presence of its owner or his responsible representative, including with use of opportunities of Internet network, under condition if the owner is established, using means video or photofixings, with observance of requirements of the legislation in the field of ensuring sanitary and epidemiologic wellbeing of the population and the legislation in the field of environmental protection by any technically with available method.

10. The owner of the withdrawn wine-making products in case he performs destruction independently, or the specialized organization, the responsible representative of authorized body draw up the statement of destruction of the withdrawn wine-making products in which they are specified:

a) date and the place of destruction of the withdrawn wine-making products;

b) surname, name, middle name (in the presence) the responsible representative of the owner of the withdrawn wine-making products (in case of its presence and under condition if the owner is established), the responsible representative of authorized body, the responsible representative of the specialized organization (in case of its attraction for destruction of the withdrawn wine-making products), their place of employment and position;

c) date and number of the judgment based on which the withdrawn wine-making products are destroyed;

d) date of identification of the fact of import to the territory of the Russian Federation or the facts of the address or production in the territory of the Russian Federation the withdrawn wine-making products;

e) data on the destroyed withdrawn wine-making products (the name, type, quantity), and also on container or packaging;

e) the name of the producer of the withdrawn wine-making products (in the presence of such data);

g) the information about the owner of the withdrawn wine-making products (the address, identification taxpayer number, the primary state registration number, number and date of issue of the license, stipulated by the legislation about state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and about restriction of consumption (drinking) of alcoholic products) (under condition if the owner is established, and in the presence of such data);

h) method of destruction of the withdrawn wine-making products.

11. Materials video or photofixings with indication of date of their record are applied to the act of destruction of the withdrawn wine-making products.

12. The statement of destruction of the withdrawn wine-making products is drawn up in day of its destruction. Copies of the act of destruction of the withdrawn wine-making products are handed to the responsible representative of the owner of the withdrawn wine-making products (in case of its presence and under condition if the owner is established), to the responsible representative of authorized body, the responsible representative of the specialized organization (in case of its attraction for destruction of the withdrawn wine-making products) who were taking part in destruction of the withdrawn wine-making products and are signed by them.

13. Accounting of the destroyed withdrawn wine-making products is performed by authorized body.

 

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