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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"

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).

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 foodstuff;

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. packaging for foodstuff - the container used for transportation, giving to products trade dress, providing complete or partial covering of products and safety of its content in not opened and unimpaired condition;

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;

2.1.11-1. marking - the text, signs (commodity and others), the symbols, symbols and drawings placed on the food and fodder products, packaging materials, documents accompanying or relating to food and fodder products, memory cards (inserts), stickers, providing to the consumer information on goods and the manufacturer;

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 - substances, substances of animal, vegetable, microbiological, mineral origin, including the nutritional supplements used in case of preparation of foodstuff or attendees as a part of ready foodstuff in primary or 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. No. 18 is cancelled according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 12.01.2024

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. No. 18 is cancelled according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 12.01.2024

2.1.25-1. Registration of object or the subject of food chain (object or the subject of food chain), and also the objects performing production and conversion of materials and products, contacting to foodstuff - registration of the objects of food chain performing primary production, production, conversion, turnover and utilization of food and fodder products in the territory of the Azerbaijan Republic, or the objects of food chain operating without objects of food chain, and also objects, performing production and conversion of the materials and products contacting to foodstuff according to the Law of the Azerbaijan Republic "About licenses and permissions" in case of provision of information required for registration;

2.1.25-2. Approval of objects of food chain - approval of the objects of food chain performing production, conversion, turnover and use of foodstuff of animal and phytogenesis and fodder products which list is determined by the President of the Azerbaijan Republic, the Agency by safety of foodstuff of the Azerbaijan Republic (further - the Agency) according to the Law of the Azerbaijan Republic "About licenses and permissions" by assessment of their compliance to requirements of technical regulatory legal acts in the field of safety of foodstuff;

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. the foodstuff which - is not processed, semi-processed or completely processed products intended for consumption by the person including nutritional supplements, biologically active foodstuff, food staples, drinks (alcoholic and nonalcoholic), the drinking water which is (packed up) salt and chewing gum. This concept does not join the fodder products, live animals not ready to the use, seeds, plants before harvesting, medicines, perfumery cosmetics, tobacco and tobacco products, narcotic and psychotropic substances and pollutants;

2.1.30. No. 18 is cancelled according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 12.01.2024

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