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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 31, 2023 No. 886

About approval of Rules of marking of dietary supplements to food means of identification and the features of implementation of the state information system of monitoring of turnover of goods which are subject to obligatory marking by means of identification concerning dietary supplements to food

The government of the Russian Federation decides:

1. Approve the enclosed Rules of marking of dietary supplements to food by means of identification.

2. Determine that participants of turnover of dietary supplements to food according to the Rules approved by this resolution:

a) give to the state information system of monitoring of turnover of goods, subject to obligatory marking by means of identification (further - information system of monitoring), the statement on their registration in information system of monitoring since September 1, 2023, but no later than 7 calendar days from the date of emergence of need of implementation by the participant of turnover of dietary supplements to food of the activities connected with input in turnover and (or) turnover, and (or) conclusion from turnover of dietary supplements to food concerning which the input prohibition in turnover, and (or) turnover, and (or) conclusion from turnover of dietary supplements to food not marked by means of identification (except for participants of turnover of dietary supplements to food is established, the provisions of Items 3 and 7 of article 2 of the Federal law "About Use of the Control and Cash Equipment when Implementing Calculations in the Russian Federation" falling under action (further - participants of turnover of dietary supplements to food in the remote or remote areas).

At the same time participants of turnover of dietary supplements to food in the remote or remote areas perform registration in information system of monitoring within 30 calendar days from the date of emergence of need of implementation of the activities connected with input in turnover by them and (or) turnover, and (or) conclusion from turnover of dietary supplements to food;

b) provide no later than 15 calendar days from the date of registration in information system of monitoring readiness of own software and hardware for information exchange with information system of monitoring and send to the operator of information system of monitoring the request for passing of testing of information exchange electronically;

c) for work on ensuring readiness of own software and hardware for information exchange with information system of monitoring and for passing of testing of information exchange electronically after registration in information system of monitoring send electronically to the operator of information system of monitoring the request for provision of remote access to the issue registration device placed in infrastructure of information system of monitoring;

d) pass test of information exchange of own software and hardware and information system of monitoring according to the procedure posted on the official site of the operator of information system of monitoring on the Internet concerning the transactions connected with marking of dietary supplements to food, their input in turnover, turnover and conclusion from turnover according to the Rules approved by this resolution no later than 15 calendar days from the date of readiness of own software and hardware for information exchange with information system of monitoring and the direction of the request according to the subitem "b" of this Item.

3. Determine that:

a) participants of turnover of dietary supplements to food concerning the dietary supplements to food having the existing certificate on state registration issued on dietary supplements to food (codes of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union 1204 00 900 0, 1208 90 000 0, 1210 20 900 0, 1212 21000 0, 1302 19 900 0, 1504 10 100 0, 1504 20 900 0, 1515 11000 0, 1515 19 900 0, 1515 90 690 0, 1515 90 890 0, 1516 10 900 0, 1517 90 990 0, 1602 90 990 9, 1702 30 500 0, 1702 40 900 0, 1702 60 950 0, 1702 90 950 0, 1704 90 550 0, 1704 90 710 0, 1704 90 820 0, 1806 31000 0, 1806 32, 1806 90 700 0, 1806 90 900 0, 1904 10 900 0, 210112 920 1, 2106 10 800 0, 2106 90 580 0, 2106 90 930 0, 2106 90 980 1, 2106 90 980 3, 2106 90 980 8, 2202 99 180 0, 2922 41000 0, 2922 42 000 0, 2923 20 000 0, 2923 90 000 9, 2936, 300120, 3002 49 000 1, 3002 90 300 0, 3002 90 800 0, codes All-Russian products qualifier by types of economic activity 01.11.91. 120, 01.28. 20, 03.11. 63, 10.13.15.193, 10.13.15.194, 10.13.15.199, 10.41.12.110, 10.41. 29, 10.41. 42, 10.41. 59, 10.41. 60, 10.42. 10, 10.61.33, 10.62.13.111, 10.62.13.122, 10.62.13.130, 10.62.13.190, 10.82.22.121, 10.82.22.122, 10.82.22.190, 10.82.23.121, 10.83.12.120, 10.85.19, 10.89.15, 10.89.19.140, 10.89.19.210, 10.89.19.290, 11.07.19. 190, 21.10. 20, 21.10. 51, 21.10.60. 193, 21.10.60. 194, 21.20.10. 255), performing input in turnover of dietary supplements to food, funds of identification for consumer packaging put, including by means of drawing on such consumer packaging of the label containing means of identification, dietary supplements to food and represent to information system of monitoring of the data on drawing means of identification and input in turnover of dietary supplements to food according to the Rules approved by this resolution since October 1, 2023.

At the same time the participants of turnover of dietary supplements to food performing input in turnover of dietary supplements to the food having the right to represent to information system of monitoring of the data on input in turnover about turnover and conclusion from turnover of dietary supplements to food according to the Rules approved by this resolution from the date of entry into force of this resolution;

b) participants of turnover of dietary supplements to food represent to information system of monitoring according to the Rules approved by this resolution, data on conclusion from turnover of dietary supplements to food since March 1, 2024, data on turnover of dietary supplements to food according to the Rules approved by this resolution since May 1, 2024.

At the same time participants of turnover of dietary supplements to food have the right to represent to information system of monitoring of the data on turnover and conclusion from turnover of dietary supplements to food according to the Rules approved by this resolution from the date of entry into force of this resolution;

c) participants of turnover of dietary supplements to food in the remote or remote areas have the right to represent the data specified in the Section VIII of the Rules approved by this resolution within 30 calendar days:

from the date of shipment (transfer or acceptance) dietary supplements to food by transfer (acceptance) of dietary supplements to food within the transactions providing transition of the property right to the specified goods and also within commission agreements, and (or) agency agreements, and (or) works agreements, and (or) agreements of the order;

from the date of conclusion of dietary supplements to food from turnover in case of conclusion of dietary supplements to food from turnover;

from the date of return of dietary supplements to food in turnover in case of such return;

from the date of modification of the data provided by Sections III, IV, VIII and IX of the Rules approved by this resolution (if changes were made to such data);

d) participants of turnover of dietary supplements to food in the presence as of October 1, 2023 in the territory of the Russian Federation the unrealized dietary supplements to food made in the territory of the Russian Federation or imported on the territory of the Russian Federation till the September 30, 2023 (inclusive) having the right to enable the realization of such dietary supplements to food not marked means of identification before the termination of their expiration date;

e) participants of turnover of dietary supplements to food in the presence as of October 1, 2023 in the territory of the Russian Federation the unrealized dietary supplements to food made in the territory of the Russian Federation or imported on the territory of the Russian Federation till September 30, 2023 (inclusive), having the right to perform marking by means of identification of dietary supplements to food till February 29, 2024 (inclusive) on condition of registration of such dietary supplements to food with indication of the data provided by Items 36 and 37 of the Rules approved by this resolution, their markings by means of identification and submission of data on their marking by means of identification in information system of monitoring according to the Rules approved by this resolution.

Payment of the codes of marking necessary for forming of means of identification of the dietary supplements to food specified in paragraph one of this subitem is performed according to the Rules approved by this resolution;

e) participants of turnover of dietary supplements to food till October 31, 2023 (inclusive) perform marking of the dietary supplements to food acquired till September 30, 2023 (inclusive) and issued by customs authorities since October 1, 2023, imported (imported) and placed under customs procedures of release for internal consumption or reimport to the offer of these dietary supplements to food for realization (sale) and enter into information system of monitoring of the data on marking of such dietary supplements to food means of identification according to the Rules approved by this resolution.

4. Registration in the information system used for the purpose of ensuring carrying out experiment according to the order of the Government of the Russian Federation of April 29, 2021 with No. 673 "About carrying out in the territory of the Russian Federation experiment on marking by means of identification of dietary supplements to food" (further - experiment), legal entities and individual entrepreneurs who as of February 28, 2023 were participants of experiment is equated to registration in information system of monitoring according to the subitem "an" of Item 2 of this resolution.

If the data provided within the experiment by participants of turnover of dietary supplements to food to information system in which information support of carrying out experiment is performed do not meet the requirements of the Rules approved by this resolution, participants of turnover of dietary supplements to food represent to information system of monitoring missing and (or) urgent data till September 30, 2023 (inclusive).

5. Determine that the operator of information system of monitoring provides:

a) the organization of testing of information exchange of software and hardware of participants of turnover of dietary supplements to food and information system of monitoring no later than 15 calendar days from the date of obtaining from participants of turnover of the dietary supplements to food registered in information system of monitoring, the notification of the readiness to information exchange with information system of monitoring;

b) provision to participants of turnover of dietary supplements to food of remote access to the issue registration devices placed in infrastructure of information system of monitoring on the conditions provided by the Rules approved by this resolution no later than 30 calendar days from the date of obtaining from participants of turnover of the dietary supplements to food registered in information system of monitoring, the request electronically for provision of remote access to the issue registration device.

6. Determine that in the territory of the Russian Federation input in turnover of dietary supplements to food without drawing on consumer packaging, including by means of drawing on such consumer packaging of the label containing means of identification, the specified dietary supplements to food and representation in information system of monitoring of data on marking of dietary supplements is allowed by means of identification to food before the date established by the subitem "an" of Item 3 of this resolution with which drawing funds of identification for consumer packaging, including by means of drawing on such consumer packaging of the label containing means of identification, such dietary supplements to food and representation in information system of monitoring of data becomes obligatory, except as specified, specified in subitems "g" - "e" Item 3 of this resolution.

Turnover and conclusion from turnover of the unmarked dietary supplements to food made in the territory of the Russian Federation or imported (imported) on the territory of the Russian Federation in case of import from the territory of the Eurasian Economic Union within cross-border trade or release by customs authorities in case of their room under customs procedures of release for internal consumption or reimport of unmarked dietary supplements to food (in case of their production out of the territory of the Russian Federation) till September 30, 2023 (inclusive), are allowed before the termination of expiration date of such dietary supplements to food.

Till October 31, 2023 release by customs authorities of the imported (imported) unmarked dietary supplements is (inclusive) allowed to food and placed under customs procedures of release for the internal consumption and reimport specified in the subitem "e" of Item 3 of this resolution.

7. Operation of this resolution does not extend to dietary supplements to food on which according to the Rules approved by this resolution, and international treaties of the Russian Federation requirements about obligatory marking by means of identification do not extend.

8. Determine that since October 1, 2023 provision to the participant of turnover of dietary supplements to food of the codes of marking necessary for forming of means of identification, is performed by the operator of information system of monitoring on paid basis according to the Rules approved by this resolution.

9. From the date of entry into force of this resolution according to the decision of the participant of turnover of dietary supplements to food provision to it the codes of marking necessary for forming of means of identification, can be performed by the operator of information system of monitoring before the corresponding date, the stipulated in Item 3 presents of the resolution with which drawing funds of identification for consumer packaging of dietary supplements to food becomes obligatory. Such codes of marking are provided by the operator of information system of monitoring on a grant basis. At the same time the participant of turnover of dietary supplements to food who received marking codes on a grant basis provides their transformation to means of identification and submits in information system of monitoring the report on drawing means of identification and data on input in turnover of dietary supplements to food till September 30, 2023 (inclusive).

The service in provision of code of marking is recognized the information system of monitoring rendered by the operator at the time of entering of information system of monitoring by the operator into information system of monitoring of information on input of dietary supplements to the food in turnover specified by the participant of turnover of dietary supplements to food in the notification on input of the corresponding dietary supplements to food in turnover the case provided by paragraph one of this Item.

At the same time the operator of information system of monitoring enters into information system of monitoring information on input in turnover of dietary supplements to food after obtaining from the participant of turnover of dietary supplements to food of the report on drawing means of identification.

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