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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 24, 2023 No. 74

About carrying out in the territory of the Russian Federation experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in turnover or the expirations of expiration dates

The government of the Russian Federation decides:

1. Conduct from February 1, 2023 to August 1, 2023 in the territory of the Russian Federation experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of illegal introduction it to turnover or the expirations of expiration dates (further - experiment).

2. Approve enclosed:

Regulations on carrying out in the territory of the Russian Federation experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in turnover or the expirations of expiration dates;

the list of separate types of the food, tobacco and nikotinsoderzhashchy products involved in experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in turnover or the expirations of expiration dates.

3. Determine that the federal executive bodies authorized on ensuring carrying out experiment are the Ministry of Industry and Trade of the Russian Federation, the Ministry of digital development, communication and mass communications of the Russian Federation, the Ministry of Finance of the Russian Federation, the Ministry of Agriculture of the Russian Federation, the Federal Tax Service, Federal Service for the Oversight of Consumer Protection and Welfare, Federal Service for Veterinary and Phytosanitary Surveillance and Federal Service for Alcohol Market Regulation (further - authorized bodies).

4. Agree with the offer of Operator-TsRPT limited liability company on implementation by the specified society on a grant basis of participation in experiment as the operator of the state information system of monitoring of turnover of goods, subject to obligatory marking by means of the identification used for the purpose of carrying out experiment.

5. Provide to the Ministry of Industry and Trade of the Russian Federation:

a) preparation for carrying out experiment regarding development and approval in coordination with authorized bodies of methodical recommendations about carrying out experiment;

b) coordination of carrying out experiment;

c) together with authorized bodies evaluating results of experiment and submission of the corresponding report to the Government of the Russian Federation till August 1, 2023.

6. Realization by authorized bodies of the actions provided by this resolution is performed within the established number of staff of the workers and budgetary appropriations provided on management and management in the field of the established functions.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of January 24, 2023 No. 74

Regulations on carrying out in the territory of the Russian Federation experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in turnover or the expirations of expiration dates

1. This Provision establishes procedure for carrying out in the territory of the Russian Federation experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of illegal introduction it in turnover or the expirations of expiration dates (further - experiment).

The goods brought in the list of separate types of the food, tobacco and nikotinsoderzhashchy products involved in experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in the turnover or the expirations of expiration dates approved by the order of the Government of the Russian Federation of January 24, 2023 No. 74 "About carrying out in the territory of the Russian Federation experiment on exception of technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in turnover or the expirations of expiration dates" belong to goods to which this Provision is applied.

2. The purposes of experiment are:

a) development of the criteria of exception of technical capability of retail sale of the food, tobacco and nikotinsoderzhashchy products which are subject to obligatory marking by means of identification differentiated on commodity groups in case of its illegal introduction in turnover or the expirations of expiration dates;

b) approbation of completeness and sufficiency of the mechanisms excluding technical capability of sale of food, tobacco and nikotinsoderzhashchy products in case of its illegal introduction in turnover or the expirations of expiration dates;

c) assessment of feasibility of introduction of amendments to the legislation of the Russian Federation regulating turnover of food, tobacco and nikotinsoderzhashchy products.

3. Within the experiment development and testing of the software and hardware which are providing exchange of data between participants of turnover of goods and the state information system of monitoring of turnover of goods, subject to obligatory marking by means of identification is held (further - information system of monitoring).

4. Within the experiment the following actions are performed:

a) scanning of means of identification of goods by the participant of experiment performing retail sale;

b) transfer of code of marking on communication channels in the state information system of monitoring;

c) check of code of marking regarding availability in information system of monitoring of data on prohibition of turnover of the marked commodity unit;

d) provision of the data specified in the subitem "v" of this Item to the participant of experiment performing retail sale;

e) decision making about retail sale of goods by the participant of experiment based on the data received from information system of monitoring;

e) fixing by the participant of experiment performing retail sale, time spent for check of goods.

5. Participants of experiment are:

a) the federal executive bodies authorized on ensuring carrying out experiment;

b) participants of turnover of goods, subject to obligatory marking by means of identification, performing their retail sale, and also other business entities who made the decision on participation in experiment;

c) operator of information system of monitoring.

6. The participants of turnover of goods specified in the subitem "b" of Item 5 of this provision participate in experiment on voluntary basis. For participation in experiment they submit applications according to methodical recommendations, stipulated in Item the 7th this provision.

7. For carrying out experiment by the Ministry of Industry and Trade of the Russian Federation in coordination with the federal executive bodies authorized on ensuring carrying out experiment methodical recommendations, including about the following questions affirm:

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