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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 22-12-2020)

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.

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. Provision of legal protection to geographical specifying and the name of the place of goods origin concerning wine-making products, the procedure and protection of the right to the specified means of individualization are determined by part four of the Civil code of the Russian Federation taking into account the features established by this Federal Law.

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), alcohol - raw, 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 wine 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), the wine, fruit wine, liqueur wine, sparkling wine (champagne), wine drinks, 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 wine drinks;

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;

10. 1) cognac - alcoholic drink with content of ethyl alcohol at least 40 percent of amount of finished goods (except for cognac with the protected geographical specifying, cognac with the protected name of the place of origin, collection cognac) which is made from the cognac distillates received by fractional distillation (distillation) of the wine materials made from grapes and is sustained in oak barrels or oak quarrystones or in contact with oak wood at least three years. Cognac with the protected geographical specifying, cognac with the protected name of the place of origin, collection cognac shall have content of ethyl alcohol of at least 37,5 of percent of amount of finished goods. Cognac distillate which endurance makes more than five years is maintained in oak barrels or oak quarrystones. Cognac which endurance makes more than five years is made from the cognac distillates which passed complete cycle of production of distillates;

11) wine - the alcoholic products with content of ethyl alcohol from 8,5 to 16,5 of percent of amount of finished goods made as a result of complete or incomplete fermentation of berries of fresh grapes, grape mash without addition of ethyl alcohol, the concentrated grape mash, the rectified concentrated grape mash. Wines with the protected name of the place of origin can have content of ethyl alcohol of at least 4,5 of percent of amount of finished goods;

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

12. 1) liqueur wine - the alcoholic products with content of ethyl alcohol from 15 to 22 percent of amount of finished goods made as a result of complete or incomplete fermentation of the whole or crushed berries of grapes, other fruit or grape or other fruit mash with addition or without addition of the concentrated grape or other fruit mash, the rectified concentrated grape or other fruit mash without addition (except for special wine) ethyl alcohol, except for wine distillate, the rectified wine distillate, grape distillate, the rectified grape distillate, other fruit distillate. In case of production of liqueur wine with the protected geographical specifying, liqueur wine with the protected name of the place of origin addition of the rectified ethyl alcohol made from food raw materials (special wine) is allowed;

12. 2) fruit wine - 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 fruit of one type or several types, either fruit mash, or the recovered concentrated fruit juice with addition or without addition of sacchariferous products, without addition of ethyl alcohol;

12. 3) wine drink - alcoholic products with content of ethyl alcohol from percent 1,5 to 22 percent of amount of finished goods with saturation or without saturation by carbon dioxide, containing at least 50 percent of wine materials with addition or without addition of the rectified ethyl alcohol made from food raw materials, and (or) the alcoholized grape or other fruit mash, and (or) wine distillate, and (or) fruit distillate, and (or) sacchariferous products, and (or) aromatic and flavoring additives, and (or) food dyes, and (or) water;

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) wine 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 berries of grapes, other fruit, grape or other fruit mash with addition or without addition of the concentrated grape or other fruit mash, the rectified concentrated grape or other fruit mash, with addition (special wine materials) or without addition of ethyl alcohol, poured in in or transport plant container, intended for production of alcoholic products and not subject to realization to the population;

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 fruit (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) grape mash - the food raw materials with content of ethyl alcohol no more than 1 percent of amount of finished goods received from berries of fresh grapes spontaneously or with use of physical acceptances - crushing, department of crests, running off, pressing;

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 materials, 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 annual production of the corresponding products 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 possible annual production of ethyl alcohol or alcoholic products with use of ethyl alcohol 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 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 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) wine-making products - the food products made as a result of complete or incomplete fermentation of berries of fresh grapes, grape mash, or made with the subsequent distillation of wine materials and endurance or without endurance, or made as a result of complete or incomplete fermentation of berries of fresh grapes, grape mash with addition of one or several such products as the rectified ethyl alcohol made from food raw materials, grape distillate, wine distillate (including rectified) the sacchariferous products, flavoring additives, fragrances, carbon dioxide, water specified in technical documents such products. Wine-making products are subdivided into such types as wine, sparkling wine (sparkling), liqueur wine, distillates (wine, grape, cognac), the alcoholic drinks made from the specified distillates (including cognac), wine materials (grape), wine drinks. Such types as wine, sparkling wine (sparkling), liqueur wine, alcoholic drinks made from wine, grape, cognac distillates (including cognac) can be wine-making products with the protected geographical specifying, with the protected name of the place of origin;

24) wine-making products with the protected geographical specifying - wine-making products which production, including pouring, is performed in borders of the geographical object specified on different types of labels (the label, kolyeretka, the counterlabel), consumer pack (packaging), and which are made from the determined technical documents of grade or mix of grades of grapes and have properties which are determined by environment, characteristic of this geographical object. Wine-making products with the protected geographical specifying are made from grapes which at least 85 percent are grown up in borders of this geographical object, and the grapes used for production of other such products are grown up in borders of the subject of the Russian Federation in which this geographical object is located;

25) wine-making products with the protected name of the place of origin - wine-making products which production, including pouring, is performed in borders of the geographical object specified on different types of labels (the label, kolyeretka, the counterlabel), consumer pack (packaging), and which are made from the determined technical documents of the grade or mix of grades of the grapes growing and processed in borders of this geographical object and have properties which are determined by the environment and (or) human factors, characteristic of this geographical object, used by agrotechnical actions and processing methods;

26) vineyard - the parcel of land intended for cultivation of bushes of grapes and used for this purpose including for production of wine-making products;

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.

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 (champagne) 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 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

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