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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 12, 2023 No. 206

About approval of regulations and rules of domestic trade and recognition voided some Orders of the Government

(as amended on 02-10-2024)

Based on part (1-1) Articles 5, parts (2) Articles 9, parts (2) Articles 11, parts (3) and (7) article 12 of the Law No. 231/2010 on domestic trade (repeated publication: The official monitor of the Republic of Moldova, 2021, Art. No. 230-237, 262), with subsequent changes, DECIDES: the Government

1. Approve:

1) Rules of implementation of trading activity, according to appendix No. 1;

2) Special rules of implementation of trade in the markets, according to appendix No. 2;

3) Regulations on procedure for specifying of goods prices, offered consumers, according to appendix No. 3;

4) Sanitary regulations for the trade items performing trade in food according to appendix No. 4;

5) Sanitary regulations for catering establishments, according to appendix No. 5;

6) the List of the orders of the Government which are recognized invalid, according to appendix No. 6.

2. This resolution becomes effective after six months from the date of publication in the Official monitor of the Republic of Moldova.

3. To bodies of the central public management, bodies with the regulating and control functions, to physical persons and legal entities, irrespective of pattern of ownership, within six months from the date of publication of this resolution to provide the regulations according to its requirements in the Official monitor of the Republic of Moldova.

4. Recommend to bodies of local public authority to bring local regulations into accord with requirements of this resolution.

5. To impose control over the implementation of this resolution on the Ministry of Economic Development and digitalizations.

Prime Minister

Doreen Rechan

Countersigns:

Deputy Prime Minister, Minister of Economic Development and digitalizations

 

Dmitry Alayba

 

Appendix № 1

to the Order of the Government of the Republic of Moldova of April 12, 2023 No. 206

Rules of implementation of trading activity

I. Organization of trading activity

1. These rules establish requirements to the organization of internal trading activity, including retail, wholesale and small retail trade.

2. The typology of trade items is established according to the nomenclature provided in appendix 5 to the Law No. 231/2010 on domestic trade (further - the Law No. 231/2010).

3. Trade items are designed and placed according to requirements of the Regulating document NCM of V. 01.05.

4. Bodies of local public authority are notified on trading activity according to requirements of articles 13-17 of the Law No. 231/2010.

5. Bodies of local public authority are developed and approve Regulations on local trade according to the requirements established in parts (5) and (6) article 6 of the Law No. 231/2010. In case of development of the Regulations on local trade bodies of local public authority are guided by the legislation and these rules.

6. The businessman performs trading activity according to the working schedule (working hours) of trade items on which it is necessary to notify according to Item d) parts (6) article 14 of the Law No. 231/2010, and the special requirements to the working schedule of trade items established in Regulations on local trade.

7. The working schedule of trade items is hung out on entrance to object outside in a visible place with indication of workers and the days off, and also interval of working hours and lunch break.

8. Consumers are serviced in trade items in working hours. Upon termination of working hours of trade items the entrance to the room of trade item is forbidden to consumers, but all consumers who are in trade floor are serviced in accordance with the established procedure. Consumer service upon termination of working hours in connection therewith Item is not considered activities in time off.

9. Closing of trade item on repair (re-equipment), and also opening after repair is performed with the prior notice of local public administration in which subordinated territory there is trade item, any available means of communication (it is direct in body of local public authority, or the registered mail, or through specialized information systems or by e-mail), with indication of the expected term of closing. If trade items perform the trading activity at the companies, in organizations and the organizations, their closing / repeated opening is approved with their administrations. Information on closing is provided in 15 days prior to closing and in 5 days prior to repeated opening without submission of the notification in the field of trade in local public administration.

10. On repair (re-equipment), about the expected term of closing or about its work on the special schedule in non-working holidays or in the days following non-working holidays, consumers are informed on closing of trade item at least in 5 days prior to expected date by means of the notification which is hung out in a visible place near the working schedule and also by means of any available means of communication.

11. The trade items selling agrofood products cannot be closed more than two days in a row, except as specified, when opportunity to work is absent for the objective reasons (repair, re-equipment, incidents, etc.).

12. The personnel of trade item carry badge with indication of name and position.

13. The businessman bears responsibility for safety and goods quality, offered for sale. In case of detection of deterioration in indicators of goods quality before the expiration of their validity the businessman shall withdraw them from trade.

14. The businessman shall have the documents on the paper or electronic medium certifying quality and safety (harmlessness) of products. At the customer's request the seller shall give the URL address (reference) to the web page on which the relevant document can be seen or downloaded in electronic format, or to provide the copy of the paper document. The dealer stores and, respectively, shall provide to the consumer the specified documents during the period of finding of products in realization, including during expiration date of the sold products.

15. The consumer has right to be informed about acquired goods, expiration dates and final date of consumption of products, about availability of the documents certifying quality and safety of acquired products and also for measurement of weight of the purchased goods on control scales.

16. The measuring instruments used in trade items shall be metrological confided according to requirements of the Law on metrology No. 19/2016 and correspond to the Official list of the gages and measurements which are subject to the legislative metrological control approved by the Order of the Government No. 1042/2016.

17. Businessmen shall observe the admissible standard rates of noise and vibration established by Sanitary regulations about standard rates of the admissible noise level and vibration when implementing internal trading activity approved by the Order of the Government No. 181/2019.

18. The trade item, and also the territory adjoining to it shall be kept clean in the borders established by local public administration in Regulations on local trade.

19. Businessmen shall provide observance of the rights of consumers according to the Law No. 105/2003 on consumer protection. Informing consumers on the offered products and services is performed according to requirements of Chapter V of the Law No. 105/2003 on consumer protection.

20. The employees of trade items having access to personal data shall provide confidentiality of these data according to requirements of the Law No. 133/2011 on personal data protection. When processing personal data businessmen shall take necessary organizational and technical measures for personal data protection from illegal or accidental access, from destruction, change, blocking, copying, illegal or unauthorized distribution, and also from other wrongful acts.

21. Use by trade items of coupons on food is performed according to requirements of the Law No. 166/2017 on coupons of food and the Regulations about procedure for use of coupons of food approved by the Order of the Government No. 227/2018.

II. Retail trade

22. The goods offered for sale are followed by the visible and accurately completed price labels according to the requirements provided by the Law No. 279/2017 on informing consumers concerning foodstuff and appendices No. 3 to this resolution. The calculation of goods in trade floor is performed depending on the capacity of trade item so that to provide integrity of goods and to exclude risks of accidents and/or material damage.

23. In outside show-windows of the trade items realizing nonfoods samples only of those goods which are in sale are exposed. Upon the demand of consumers samples of goods in show-windows are implemented within the available inventory, except for objects of decor and products which contain the accurate mark "Not for Sale" or "Sample".

24. Businessmen shall provide access to trade item for people with special needs according to requirements of the Law No. 60/2012 on social integration of persons with limited opportunities. For convenience of the choice of goods trade items of self-service offer consumers the special baskets or carts processed and supported in proper sanitary and hygienic condition for exception of risk of infection.

25. Businessmen of trade items of self-service provide to consumers necessary furniture for storage of personal belongings.

26. The products / goods which are not belonging to trade item can be stored in its warehouses and in utility rooms only based on the agreement.

27. In case of realization of nonfoods, such as clothes objects (clothes, footwear, knitted products, etc.), businessmen create conditions for their fitting, and for technically difficult and other objects requiring check provide conditions for functionality check.

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