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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of April 3, 2014 No. 94

About approval of "Rules of trade, public catering, household and other types of service in the Azerbaijan Republic"

(as amended on 28-07-2023)

For the purpose of ensuring activities of Public service for the antimonopoly policy and consumer protection under the Ministry of Economics of the Azerbaijan Republic and in connection with execution of the Presidential decree of the Azerbaijan Republic of December 25, 2009 203, the Cabinet of Ministers of the Azerbaijan Republic DECIDES: No.

1. Approve "Rules of trade, public catering, household and other types of service in the Azerbaijan Republic" (are applied).

2. Cancel the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About rules of trade, household and other types of service (performance of works, rendering services) in the Azerbaijan Republic" of April 15, 1998 No. 80 (Collection of the legislation of the Azerbaijan Republic, 1998, No. 4, Article 288; 1999, No. 1, Article 48; 2001, No. 1, Article 74; 2003, No. 7, Article 390; 2004, No. 3, Article 193; 2009, No. 1, Article 32).

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of April 3, 2014 No. 94

Rules of trade, public catering, household and other types of service in the Azerbaijan Republic

1. General provisions

1.1. These rules are prepared for the purpose of ensuring activities of Public service for the antimonopoly policy and consumer protection under the Ministry of Economics of the Azerbaijan Republic and in connection with execution of Item 2.3 of the Presidential decree of the Azerbaijan Republic of December 25, 2009 No. 203 and govern the relations arising between consumers (buyers) and legal entities and physical persons (including, buyers) which are engaged in business activity in the field of trade, public servicing, household and other types of service in the Azerbaijan Republic in connection with purchase and sale and rendering other services.

2. Basic concepts

2.1. The concepts used in these rules express the following values:

2.1.1. wholesale - the trading activity enabling sales of goods for the purpose of business activity, except for personal, family, household and other similar consumer purpose;

2.1.2. retail sale - the trading activity which is not connected directly with business activity enabling sales of goods only for personal, family, household and other similar purposes;

2.1.3. public servicing - business activity in connection with production organization, conversions, sale and consumption of food;

2.1.4. object of trade (servicing) - the property complex used for implementation of activities for trade, public servicing, household and other types of service, belonging to trade organizations and (or) business owners on the basis of the property right by the right of lease, the right of management of transactions or on other legal causes;

2.1.4-1. the market - property complex, permanent in certain territory, allocated for sales of goods and rendering services, having trade places;

2.1.4-2. the wholesale market - the market which more than 80 percent of trade places make places of wholesale;

2.1.4-3. the market of retail sale - the market which more than 80 percent of trade places make places of retail sale;

2.1.4-4. the market of agricultural products - the market which more than 80 percent of trade places are allocated for sale of agricultural products;

2.1.4-5. green market - the shopping facility performing sale only of plants, vegetable products and products of animal origin;

2.1.4-6. farmer shop - the specialized shopping facility (shop) where sale of products made by local farmers, family and rural and house farms is performed;

2.1.4-7. fair - the action organized with sales objective of goods (work, rendering services) in certain territory and in certain time;

2.1.4-8. fairs on realization of agricultural and food products - the action organized with sales objective of agricultural and food products in certain territory and in certain time;

2.1.4-9. the market of agricultural cooperation - the market of agricultural products managed by the legal entity who underwent state registration as agricultural cooperative;

2.1.5. selling price - the last year of the prices established per unit of (quantity) of goods;

2.1.6. the seller (dealer) - the company, organization, the organization or the entrepreneur performing the transactions on purchase and sale realizing goods;

2.1.7. the consumer - the person using goods, works and the services for the purpose of satisfaction of personal needs buying, ordering them, or having intention to purchase them or to order;

2.1.8. the producer - irrespective of pattern of ownership and legal form, the company, organization, the organization or the entrepreneur making goods for realization;

2.1.9. the contractor - the company, organization, the organization or the entrepreneur performing the works or rendering services;

2.1.10. packing of products of food (food) - packaging, container or other material giving to products of food (food) single trade dress and used for the complete or partial shelter of goods with sales objective (delivery to the consumer), and providing safe storage without changes of structure of goods (consumer qualities);

2.1.11. marking - any word, trademark, material with the drawing, the emblem placed on the packaging, the document, the notification, the brand or cover relating to goods and accompanying it, or referring to goods;

2.1.12. the name of product - the traditional name of product according to which it is on sale to the final consumer or in objects of public catering, rather clear name of product to explain to the consumer its these properties and to distinguish from similar products;

2.1.13. ingredient - products of animal, vegetable, microbiological, mineral origin, and also the nutritional supplements and nutritional supplements with biological activity used in production of product, or which are available as a part of ready-made product in initial or the changed form;

2.1.14. trading activity - the business activity of physical persons and legal entities directed to implementation of sales of goods, public servicing, rendering household and other types of service;

2.1.15. subjects of trading activity - the physical persons and legal entities performing the trade, public servicing rendering household and other types of service according to the procedure, established by the legislation;

2.1.16. warranty period - the term of stay in force of the warranty obligations provided in the legislation or the agreement;

2.1.17. servicing term - the term guaranteeing safe proper use of not consumed goods from the consumer;

2.1.18. storage duration - the term guaranteeing proper safety of quality (consumer properties) of food (foodstuff if they are stored by the rules and conditions specified in technical regulatory legal acts in the field of food security;

2.1.19. import - commodity importation to the country without availability of the obligation of return from customs area of the Azerbaijan Republic;

2.1.20. trade process - the code of the trade and technology transactions providing sale and movement of goods;

2.1.21. trade and technology transaction - movement of goods, their movement, acceptance, loading, unloading, storage, warehousing, packing, pre-sale preparation, representation and input in turnover;

2.1.22. trade processing equipment - the equipment used for the purpose of execution of trade and technology transactions;

2.1.23. the standard - the regulating document constituted based on the consent of the most part of concerned parties, approved by the relevant authorized organizations or bodies, determining quality requirements and safety of goods (services, works) intended for mass use;

2.1.24. the certificate of conformity - the document confirming compliance of the goods certified by rules of certification (service, work), process, management system and working structure to the requirements established by the corresponding standard, the technical regulation and other regulatory legal act;

2.1.25. the hygienic certificate - the document on goods compliance with safety requirements based on the conclusions of sanitary and epidemiologic examinations issued by the relevant competent authority;

2.1.25-1. Registration of the subjects performing activities in the field of foodstuff - check of their activities, conducting examination of foodstuff and registration of the specified subjects on food security for the purpose of ensuring compliance to requirements of technical regulatory legal acts in the field of food security, to hygienic, veterinary and phytosanitary requirements;

2.1.26. the phytosanitary certificate - the official document about phytosanitary condition of plants and vegetable products constituted and approved based on model form according to "The international convention on quarantine and protection of plants";

2.1.26-1. the veterinary certificate - the official document about conducting veterinary and sanitary examination of goods, including products of animal origin and raw materials prepared in accordance with the established procedure and on sample and approved by the relevant authorized body (official);

2.1.27. control brand - the special sign of single sample confirming creation (production) of copies of audiovisual works, soundtracks, computer programs, the collection of data, books and other objects of copyright and related rights, with observance of copyright and related rights, and also issue of permission to sales of goods, products and information materials requiring the consent of the relevant state bodies, granting the diffusion right of these copies, being the alphanumeric code and holographic remedy pasted on copies, provided for disposable;

2.1.28. the certificate of internal quarantine - the official document about phytosanitary condition of plants and vegetable products in the course of interstate transportations;

2.1.29. food - any substance provided for consumption in the processed, semi-processed or crude type. Here drinks, chewing gum, and also any substances used in production, processing, production and conversion of products of food enter. Forages, live animals if they are provided not for consumption by the person, plant before harvesting, the substances used only in the medicinal purposes, perfumery and cosmetics, tobacco and tobacco products, narcotic and psychotropic substances, residual substances and pollutants (contaminants) do not belong to this category;

2.1.30. the minimum requirements of quality - the organoleptic, physical and (or) chemical properties guaranteeing suitability of food to use;

2.1.31. food safety - guarantee of lack of any harm to the consumer in case of production, proper use or meal;

2.1.32. food of special function - the food different from the food provided for normal consumption, special structure or processing, having special structure for requirements satisfaction to food of persons with the broken metabolism or process of digestion or persons which are in special physiological conditions and also healthy babies and the juvenile children who are on sale to destination;

2.1.33. food suitability - guarantee about suitability to use with reasons for compliance to the minimum requirements of quality;

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