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FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 22, 1995 No. 171-FZ

About state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and about restriction of consumption (drinking) of alcoholic products

(as amended on 02-07-2021)

Accepted by the State Duma of the Russian Federation on July 19, 1995

Approved by Council of the Russian Federation on November 15, 1995

Chapter I. General provisions

Article 1. Coverage of this Federal Law

1. This Federal Law establishes the legal basis of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and restriction of consumption (drinking) of alcoholic products in the Russian Federation.

State regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and restriction of consumption (drinking) of alcoholic products are performed for the purpose of protection of morality, health, the rights and legitimate interests of citizens, economic interests of the Russian Federation, safety of the specified products, needs of consumers in it, and also for the purpose of control of compliance with law, regulations and rules in regulated area.

2. This Federal Law governs the relations connected with production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and the relations connected with consumption (drinking) of alcoholic products.

The legislation on wine growing and winemaking is applied to production and turnover of wine-making products in the part which is not settled by this Federal Law.

3. Operation of this Federal Law does not extend on:

activities of the physical persons making not for the purpose of sale products containing ethyl alcohol;

the address of the alcohol-containing medicines registered by authorized federal executive body and included in the state register of medicines, except for in productions, turnover and (or) use for own needs of pharmaceutical substance of alcohol of ethyl (ethanol), and also except for productions, production, purchase, deliveries, storage and (or) transportations of alcohol-containing medicines;

the activities of the pharmaceutical organizations connected with production and leave of the medicines (including homeopathic medicines) containing pharmaceutical substance of alcohol ethyl (ethanol) and made according to recipes on medicines and according to requirements of the medical organizations;

the paragraph the fifth ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 261-FZ

paragraph of the sixth ceased to be valid;

paragraph of ceased to be valid;

activities for turnover of the alcohol-containing non-food products which are packed up in metal aerosol package by reservoir no more than 450 milliliters;

import to the Russian Federation and export from the Russian Federation of ethyl alcohol, alcoholic and alcohol-containing products intended for official use of diplomatic representations, consular establishments, interstate and intergovernmental organizations, other official representations of foreign states, including representations of foreign states under interstate and intergovernmental organizations;

import to the Russian Federation and export from the Russian Federation of ethyl alcohol, alcoholic and alcohol-containing products intended for display as samples at exhibitions and for carrying out certification in number of no more than five units (bottles or other consumer pack) concerning each corresponding name;

the address of the alcohol-containing medical products registered by authorized federal executive body and included in the state register of medical products and the organizations (individual entrepreneurs) performing production and production of medical products, except for productions, production, purchase, deliveries, storage and (or) transportations of alcohol-containing medical products;

production and (or) turnover of automobile gasoline which is made with addition of ethyl alcohol or alcohol-containing products and corresponds to the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil".

4. The government of the Russian Federation proceeding from amount of consumer pack (packaging) and (or) cost of perfumery and cosmetic products, goods of household chemicals and personal hygiene means has the right to establish the list of these products operation of this Federal Law does not extend to activities for which turnover.

The government of the Russian Federation in the procedure established by it proceeding from amount of consumer pack (packaging) and (or) cost and (or) functional purpose of alcohol-containing medical products establishes lists of these products, to activities for production, production and (or) turnover of which operation of this Federal Law does not extend.

The government of the Russian Federation in the procedure established by it proceeding from amount of consumer pack (packaging) and (or) cost and (or) functional purpose of alcohol-containing medicines establishes lists of these products, to activities for production, production and (or) turnover of which operation of this Federal Law does not extend.

5. Use of geographical specifying and the name of the place of goods origin in respect of wine-making products is performed within the Russian national system of protection of wine-making products on geographical specifying and the name of the place of origin according to the legislation on wine growing and winemaking.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) ethyl alcohol - the alcohol made from food or non-food raw materials, including the denatured ethyl alcohol, pharmaceutical substance of alcohol ethyl (ethanol), head fraction of ethyl alcohol (waste of spirit production), crude alcohol, alcohols wine, grape, distillates wine, grape, fruit, cognac, kalvadosny, viskovy;

2) the denatured ethyl alcohol (denatured alcohol) - the ethyl alcohol containing denaturant substances in the concentration provided by this Federal Law;

2. 1) pharmaceutical substance of alcohol ethyl (ethanol) - the pharmaceutical substance and (or) excipient containing ethyl alcohol and determined according to the Federal Law of April 12, 2010 No. 61-FZ "About drug circulation";

2. 2) bioethanol - the denatured ethyl alcohol (denatured alcohol) which is made from food and (or) non-food raw materials of phytogenesis which denaturation is performed with observance of requirements, the stipulated in Article 10.1 present of the Federal Law and which contain no more than 1 percent of water;

3) alcohol-containing products - food or non-food products, alcohol-containing medicines, alcohol-containing medical products with content of ethyl alcohol of more 0,5 of percent of amount of finished goods;

3. 1) alcohol-containing medicines - the medicines for medical and veterinary application in liquid form of release determined according to the Federal Law of April 12, 2010 No. 61-FZ "About drug circulation" and containing pharmaceutical substance of alcohol ethyl (ethanol);

3. 2) alcohol-containing medical products - the medical products in liquid form of release containing pharmaceutical substance of alcohol ethyl (ethanol);

3. 3) powdery alcohol-containing products - the food or non-food products in the form of solid intended for product receipt in the liquid state, the finished goods containing ethyl alcohol more 0,5 of percent of amount in the structure, except for to products according to the list established by the Government of the Russian Federation;

4) alcohol-containing food products - food products, including the fruit fermented materials, any solutions, emulsions, suspensions, grape mash, other fruit mash, beer mash (except for alcoholic products) with content of the ethyl alcohol made from food raw materials, more 0,5 of percent of amount of finished goods;

5) alcohol-containing non-food products - the non-food products (including the denatured alcohol-containing products, alcohol-containing perfumery and cosmetic products, any solutions, emulsions, suspensions) made with use of ethyl alcohol, other alcohol-containing products or alcohol-containing production wastes of ethyl alcohol, with content of ethyl alcohol of more 0,5 of percent of amount of finished goods;

6) the denatured alcohol-containing products - the alcohol-containing non-food products containing denaturant substances in the concentration provided by this Federal Law;

7) alcoholic products - food products which are made with use or without use of the ethyl alcohol made from food raw materials, and (or) alcohol-containing food products with content of ethyl alcohol of more 0,5 of percent of amount of finished goods, except for food products according to the list established by the Government of the Russian Federation. Alcoholic products are subdivided into such types as alcoholic drinks (including vodka, cognac, grape vodka, brandy), wine, fortified wine, sparkling wine, including the Russian champagne, vinogradosoderzhashchy drinks, the fruit alcoholic products, fruit alcoholic beverages, beer and drinks made on the basis of beer, cider, Poiré, mead;

8) ceased to be valid  according to the Federal Law of the Russian Federation of 18.07.2011 No. 218-FZ

9) alcoholic drinks - alcoholic products which are made with use of the ethyl alcohol made from food raw materials, and (or) alcohol-containing food products and do not belong to fruit alcoholic products, fruit alcoholic beverages and vinogradosoderzhashchy drinks, including the alcoholic drinks made from cognac distillates, wine and grape distillates and alcohols (cognac, grape vodka, brandy);

10) vodka - alcoholic drink which is made on the basis of the ethyl alcohol made from food raw materials, and water with content of ethyl alcohol from 38 to 56 percent of amount of finished goods and does not belong to wine-making products;

10. 1) ceased to be valid

11) the concepts specified in article 3 of the Federal Law of December 27, 2019 to No. 468-FZ "About wine growing and winemaking in the Russian Federation" for the purposes of this Federal Law are used in the values determined in article 3 of the Federal Law of December 27, 2019 No. 468-FZ "About wine growing and winemaking in the Russian Federation";

12) ceased to be valid  according to the Federal Law of the Russian Federation of 18.07.2011 No. 218-FZ

12. 1) ceased to be valid

12. 2) fruit alcoholic products - the alcoholic products with content of ethyl alcohol from 6 to 15 percent of amount of finished goods made as a result of complete or incomplete fermentation of crushed fresh fruits (fruit) of one type or several types, either fruit (fruit) mash, or the recovered concentrated fruit (fruit) juice with addition or without addition of sacchariferous products, without addition of ethyl alcohol;

12. 3) ceased to be valid

12. 4) cider - the alcoholic products with content of ethyl alcohol no more than 6 percent of amount of finished goods made as a result of fermentation of apple mash and (or) the recovered apple juice without addition of ethyl alcohol with saturation or without saturation by carbon dioxide;

12. 5) Poiré (pear cider) - the alcoholic products with content of ethyl alcohol no more than 6 percent of amount of finished goods made as a result of fermentation of pear mash and (or) the recovered pear juice without addition of ethyl alcohol with saturation or without saturation by carbon dioxide;

12. 6) mead (honey drink) - the alcoholic products with content of ethyl alcohol from percent 1,5 to 6 percent of amount of finished goods made as a result of fermentation of the honey mash containing at least 8 percent of honey with use or without use of honey for sweetening and other products of beekeeping, vegetable raw materials with addition or without addition of sacchariferous products, without addition of ethyl alcohol;

13) ceased to be valid

13. 1) beer - alcoholic products with content of the ethyl alcohol formed in the course of fermentation of beer mash which are made from brewing malt, hop and (or) the products (hmeleprodukt) received as a result of conversion of hop, water with use of beer yeast, without addition of ethyl alcohol, aromatic and flavoring additives. Partial replacement of brewing malt with grain, and (or) products of its conversion (grain products), and (or) sacchariferous products is allowed provided that their cumulative weight does not exceed 20 percent of mass of the replaced brewing malt, and the mass of sacchariferous products does not exceed 2 percent of mass of the replaced brewing malt;

13. 2) the drinks made on the basis of beer (beer drinks) - alcoholic products with content of the ethyl alcohol formed in the course of fermentation of beer mash, no more than 7 percent of amount of finished goods which are made from beer (at least 40 percent of amount of finished goods) and (or) the beer mash (at least 40 percent of mass of raw materials) prepared from brewing malt, water with addition or without addition of grain products, sacchariferous products, hop and (or) hmeleprodukt, fruit and other vegetable raw materials, products of their conversion, aromatic and flavoring additives, without addition of ethyl alcohol;

13. 3) mash - the alcohol-containing food products which are semifinished product of production of alcoholic products, with content of the ethyl alcohol formed in the course of fermentation, more 1,5 of percent from its amount, received depending on type of alcoholic products from the fruits other than grapes (fruit mash), from water, brewing malt, hop and (or) hmeleprodukt (beer mash), from water and honey (honey mash). In mash for production of beer and beer drinks partial replacement of brewing malt with grain, and (or) the products (grain products), and (or) sacchariferous products received as a result of grain conversion provided that cumulative weight does not exceed 20 percent of mass of the replaced brewing malt is allowed, and the mass of sacchariferous products does not exceed 2 percent of mass of the replaced brewing malt;

13. 4) ceased to be valid

13. 5) the fruit fermented materials - the alcohol-containing food products with content of ethyl alcohol to 22 percent of amount of finished goods made as a result of complete or incomplete fermentation of fruits, fruit mash with addition or without addition of the concentrated fruit mash, the rectified concentrated fruit mash, poured in in or transport plant container, intended for production of alcoholic products and which are not subject to realization to the population;

14) waterless (absolute) alcohol - the conditional concept applied in calculations;

15) production of ethyl alcohol, alcoholic and alcohol-containing products - production of such products for the purpose of its sale and profit earning, and also for own needs. Are not recognized production of alcoholic products of action for production of alcoholic products by mixing of the purchased alcoholic products containing in consumer packaging and marked according to article 12 of this Federal Law, with other food products or using other engineering procedures (insisting, fermentation and others) concerning such alcoholic products, made by the organization performing retail sale of alcoholic products when rendering services of public catering in places of rendering such services;

15. 1) complete cycle of production of distillates - the production of wine, grape, cognac distillates by the organization including conversion of grapes (including grown up), production of wine filling (wine material), their distillation and endurance (storage in special in plant container before achievement of properties of the distillates determined by technical documents of the organization);

16) turnover - purchase (including import), deliveries (including export), storage and retail sale;

17) ceased to be valid

17. 1) federal body on control and supervision - federal executive body, the representative for control (supervision) in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

18) capacity of the capital processing equipment for production of ethyl alcohol or alcoholic products (production facility) - the greatest possible production volume of ethyl alcohol (except for distillates wine, grape, fruit, cognac, kalvadosny, viskovy) for the periods determined by Item 10 of article 8 of this Federal Law or the greatest possible annual production of alcoholic products, distillates wine, grape, fruit, cognac, kalvadosny, viskovy on the capital processing equipment belonging to the organization and installed by it for production of the corresponding products, expressed in decalitres;

19) regulation of the minimum use of production capacity - minimum admissible production volume of ethyl alcohol or alcoholic products with use of ethyl alcohol for the periods determined by Item 10 of article 8 of this Federal Law on the capital processing equipment belonging to the organization and installed by it for production of the corresponding products expressed in decalitres;

20) suspension of use of the capital processing equipment for production of ethyl alcohol or alcoholic products with use of ethyl alcohol - the temporary termination of use by the organization of the capital processing equipment for production of ethyl alcohol or alcoholic products with use of ethyl alcohol in case, stipulated in Item the 10th article 8 of this Federal Law, according to the notification on suspension of use of the specified equipment provided by the organization to the licensing body without suspension of action of the license;

21) the notification on suspension or renewal of use of the capital processing equipment for production of ethyl alcohol or alcoholic products with use of ethyl alcohol - the document which is submitted to the licensing body in case stipulated in Item the 10th article 8 of this Federal Law, and confirms opportunity or impossibility of observance of regulation of the minimum use of production capacity;

22) the notification on the beginning of turnover in the territory of the Russian Federation alcoholic products - the document containing date of the first delivery to the territory of the Russian Federation of alcoholic products of certain name, the description of its characteristics and properties, engineering procedures of production, production supervision, storage, transportation, realization, utilization, marking of alcoholic products, submitted to federal body on control and supervision according to the procedure, established by the Government of the Russian Federation. Information containing in the notification on the beginning of turnover in the territory of the Russian Federation of alcoholic products is entered into Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

23) ceased to be valid

24) ceased to be valid

25) ceased to be valid

26) ceased to be valid

27) ceased to be valid

28) regulating authority - the federal executive body authorized on implementation of functions on development of state policy and normative legal regulation in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

29) agricultural producers - the organizations, individual entrepreneurs, the peasant farms recognized by agricultural producers according to the Federal Law of December 29, 2006 No. 264-FZ "About development of agricultural industry";

30) Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further also - Unified State Automated Information System) - the federal information system created for the purpose of accounting of production volume, turnover and (or) use of ethyl alcohol, alcoholic and alcohol-containing products, use of production capacities, amount of the collected grapes used for production of wine-making products, and also implementation of information analysis and control of production, turnover and (or) use of ethyl alcohol, alcoholic and alcohol-containing products, use of production capacities, amount of collected grapes used for production of wine-making products;

31) fruit alcoholic drink - alcoholic products with volume fraction of ethyl alcohol no more than 22 percent of amount of finished goods with saturation or without saturation by carbon dioxide, containing at least 50 percent of amount of finished goods of the fruit fermented materials with addition or without addition of the rectified ethyl alcohol from food raw materials, and (or) fruit alcohol, and (or) fruit distillate, with addition or without addition of sacchariferous products, natural food fragrances, extracts of separate parts of plants or their distillates, food dyes of phytogenesis, water.

Article 3. Legislation on state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on restriction of consumption (drinking) of alcoholic products

The legislation on state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on restriction of consumption (drinking) of alcoholic products consists of this Federal Law, other Federal Laws and regulatory legal acts of the Russian Federation, and also the laws adopted according to them and other regulatory legal acts of subjects of the Russian Federation.

Article 4. State monopoly for production and (or) turnover of ethyl alcohol, alcoholic and alcohol-containing products

The state monopoly for production and (or) turnover of ethyl alcohol, alcoholic and alcohol-containing products in the territory of the Russian Federation can be entered by the Federal Law.

Article 5. Powers of public authorities of the Russian Federation in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

In the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products treat powers of public authorities of the Russian Federation:

price regulation on ethyl alcohol, alcoholic and alcohol-containing products;

regulation of export, import of ethyl alcohol, alcoholic and alcohol-containing products;

paragraph the fourth Article 5 ceased to be valid

the organization and carrying out federal state control (supervision) in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

introduction of obligatory marking by federal special brands of the alcoholic products made and realized in the territory of the Russian Federation;

establishment of types of excisable products and rates of excises on ethyl alcohol, alcoholic and alcohol-containing products;

paragraph of the eighth ceased to be valid

licensing of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, licensing of production, purchase, storage, deliveries and transportations of ethyl alcohol, alcoholic and alcohol-containing products, and also the retail sale of wine, sparkling wine performed by agricultural producers;

paragraph the tenth Article 5 ceased to be valid

establishment of accounting treatment in the field of production, turnover and (or) uses of ethyl alcohol, alcoholic and alcohol-containing products;

establishment of procedure for submission of declarations (declaring) on production volume, turnover and (or) use of ethyl alcohol, alcoholic and alcohol-containing products, declarations (declaring) on use of production capacities by producers of beer and beer drinks, cider, Poiré, mead, and also declarations (declaring) on amount of the grapes used for production of wine-making products;

determination of package of measures for protection of health and rights of consumers of ethyl alcohol, alcoholic and alcohol-containing products;

paragraph the fourteenth Article 5 ceased to be valid

paragraph the fifteenth Article 5 ceased to be valid

development and adoption of federal target programs in the field of production and the turnover of ethyl alcohol, alcoholic and alcohol-containing products, and also taking measures directed to elimination of unfair competition, environmental protection;

establishment of the maximum content of ethyl alcohol in alcohol-containing products;

establishment of procedure for maintaining and functioning of Unified State Automated Information System and implementation of maintaining Unified State Automated Information System;

establishment of procedure for maintaining the unified state register of capacities of the capital processing equipment for production of ethyl alcohol or alcoholic products with use of ethyl alcohol, production of beer and beer drinks, cider, Poiré, mead and implementation of maintaining such register;

setting standards of the minimum use of production capacity of the capital processing equipment for production of ethyl alcohol (except for distillates wine, grape, fruit, cognac, kalvadosny, viskovy) or alcoholic products with use of ethyl alcohol;

establishment of procedure for submission of notifications on the beginning of turnover in the territory of the Russian Federation alcoholic products;

establishment of requirements to the road transport used for transportations of ethyl alcohol and not packed up alcohol-containing products with content of ethyl alcohol more than 25 percent of amount of finished goods in the amount exceeding 200 decalitres a year to the equipment for accounting of amount of such transportations and to special technical means of registration in the automatic mode of movement which equip the road transport used for these transportations;

establishment of requirements to the production, storage facilities used for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

paragraph twenty fourth ceased to be valid

establishment of procedure for creation of calculation of production capacity and form of such calculation;

paragraph of the twenty sixth ceased to be valid

establishment of requirements to the communications connecting the capital processing equipment for production of ethyl alcohol specified in Item 2 of article 14.1 of this Federal Law to reservoirs for acceptance of ethyl alcohol for production of pharmaceutical substance of alcohol of ethyl (ethanol);

other questions connected with production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, carried to maintaining the Russian Federation by other Federal Laws.

Article 6. Powers of public authorities of subjects of the Russian Federation in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

1. In the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products treat powers of public authorities of subjects of the Russian Federation:

paragraph two of ceased to be valid

paragraph third ceased to be valid

licensing of retail sale of alcoholic products (except for licensing of the retail sale determined by the paragraph the twelfth Item 2 of article 18 of this Federal Law);

acceptance of declarations on amount of retail sale of alcoholic and alcohol-containing products, about amount of collected grapes for production of wine-making products;

implementation of regional state control (supervision) in the field of retail sale of alcoholic and alcohol-containing products;

introduction of offers on development and implementation of joint programs of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products;

paragraph of the eighth ceased to be valid

paragraph ninth ceased to be valid

paragraph tenth ceased to be valid

paragraph eleventh ceased to be valid

paragraph twelfth ceased to be valid

approval of the list of settlements in which there is no access to the Internet, including the access point determined according to the Federal Law of July 7, 2003 No. 126-FZ "About communication" in coordination with the authorized Government of the Russian Federation federal executive body;

approval of regulations on regional state control (supervision) in the field of retail sale of alcoholic and alcohol-containing products.

2. The procedure for financing of sales activity of stipulated in Item 1 this Article of powers of public authorities of subjects of the Russian Federation is determined by subjects of the Russian Federation.

Article 7. Powers of local government bodies in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

1. Ceased to be valid

2. Local government bodies can be allocated with the law separate state powers in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products with transfer of material and financial resources, necessary for their implementation.

Chapter II. Requirements to production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

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