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LAW OF THE REPUBLIC OF BELARUS

of August 27, 2008 No. 429-Z

About state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol

(as amended on 15-07-2021)

It is accepted by the House of Representatives on June 27, 2008

Approved by Council of the Republic on June 28, 2008

This Law is directed to enhancement of legal and organizational basis of state regulation in the field of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol.

Chapter 1. General provisions

Article 1. Scope of this Law

1. This Law is applied to the relations in the field of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol, and also to other relations which are directly connected with such activities.

2. Operation of this Law does not extend on:

production and turnover of beer with volume fraction of ethyl alcohol 7 and more percent (except for provisions of Articles 2, 5 (except requirements about licensing of the activities connected with production of beer with volume fraction of ethyl alcohol 7 and more percent and also requirements about import licensing of such beer), Items 2-4 of Article 7, subitems 1.7 (except requirements about marking by excise stamps of the Republic of Belarus and (or) special brands or special signs), 1.8, 1.10, 1.14, 1.15, 1.17-1.17-2, 1.19-1.21 Items 1, item 4 of Article 11, article 25 of this Law);

production in house conditions physical persons of the wines, tinctures and liqueurs intended for own consumption;

production and turnover of medicinal and veterinary means (except for antiseptic medicinal and veterinary means), products of medical appointment.

Article 2. The main terms and their determinations used in this Law

For the purposes of this Law the following main terms and their determinations are used:

excise stamp of the Republic of Belarus (further if other is not provided, – excise stamp) – the document with certain degree of protection intended for marking of the alcoholic beverages made in the Republic of Belarus or imported on the territory of the Republic of Belarus;

alcoholic products – the cognac, fruit and ethyl alcohol received from food raw materials, alcoholic beverages and food spirit semifinished products (the wine materials, distillates sbrozhenno-alcoholized and the alcoholized juice, infusions, fruit drinks and aqueous-alcoholic extracts, the concentrated food bases, fragrances food, cognac in bulk, whisky in bulk and other) with volume fraction of ethyl alcohol 7 and more percent;

alcoholic beverages – vodka, alcoholic beverage products, wine, cognac, brandy, Calvados, champagne and other drinks with volume fraction of ethyl alcohol 7 and more percent;

state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol – the system of measures for determination of procedure for production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol established by this Law and other acts of the legislation and to ensuring control (supervision) of compliance with law in the field of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol in the territory of the Republic of Belarus;

control sign – the document with certain degree of protection intended for marking of accompanying documents on the alcoholic, non-food alcohol-containing products and non-food ethyl alcohol imported (exported) on territory the Republic of Belarus from the territory of state members of the Eurasian Economic Union;

non-food alcohol-containing products – the disinfectants, antiseptic medicinal and veterinary means, perfumery and cosmetic products, goods of household chemicals and other types of non-food products in the form of solutions, emulsions, suspensions made with use of ethyl alcohol from all types of raw materials, other alcohol-containing products with volume fraction of ethyl alcohol 7 and more, but no more than 80 percent (except for other medicinal and veterinary means, products of medical appointment, dyes, pigments, pesticides and other agrochemical goods, paints, varnishes, enamels and other similar products intended for receipt of coverings, typographical paint, mastic, glycerin), perfumery and cosmetic products, antiseptic medicinal and veterinary means with volume fraction of ethyl alcohol more than 80 percent on the inventory with indication of code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union approved by Council of Ministers of the Republic of Belarus;

non-food ethyl alcohol – the ethyl rectified technical alcohol, the ethyl denatured alcohol received from food or non-food raw materials, other types of non-food products with volume fraction of ethyl alcohol more than 80 percent (except for the by-products of the spirit industry, dyes, pigments, pesticides and other agrochemical goods, paints, varnishes, enamels and other similar products intended for receipt of coverings, typographical paint, mastic, glycerin, and also medicinal and veterinary means, products of medical appointment and perfumery cosmetics with volume fraction of ethyl alcohol more than 80 percent) according to the inventory with indication of code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union approved by Council of Ministers of the Republic of Belarus;

turnover – export, import, storage of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol, wholesale and (or) retail trade by them;

original alcoholic beverages – the alcoholic beverages made on nonconventional technology using national recipes in the cultural and ethnographic centers, national parks and reserves, other objects of the Republic of Belarus for the purpose of reconstruction of completeness of the Belarusian national traditions;

movement of goods – change of the location of goods in the territory of the Republic of Belarus, except for transit, with use of vehicles or without them;

the damaged excise stamp – the excise stamp put according to requirements of the legislation of consumer packaging in which alcoholic beverages are poured and under the influence of external factors received mechanical injuries (gaps, anguishes, loss of part of brand, etc.), chemical damages (destruction of yunigramma, paper, change of color, other remedies, etc.), thermal damages (burning out, obgoraniye, etc.) or other damages, but kept at the same time the series and number allowing to identify it;

retail trade by alcoholic beverages – implementation of the business activity connected with acquisition and sale of alcoholic beverages for the personal, family, home and other similar use which is not connected with business activity if other is not established by legal acts, and also sale and the organization of consumption of alcoholic beverages when implementing public catering;

special brand – the document with certain degree of protection intended for marking of the alcoholic beverages withdrawn, arrested, and also confiscated or turned into the income of the state otherwise;

special sign – the marking tag representing the graphical and information image applied by means of kaplestruyny devices;

control facilities – the protective technical means made in the form of sign of the established form of the materials providing impossibility of unauthorized replacement of the block of fiscal memory of metering devices of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol (further – metering devices) or changes in it of fiscal data;

counterfeited alcoholic beverages – alcoholic beverages with intentionally changed by their producer (manufacturer) and (or) person involving these drinks in turnover, structure, properties and characteristics, information on which provided by specified persons is obviously incomplete and doubtful.

Article 3. Measures of state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol

1. Treat measures of state regulation of production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol:

licensing of the activities connected with production and turnover of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol;

establishment of quotas for production of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol;

establishment of quality requirements and safety of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol;

assessment of conformity of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol to technical requirements in cases and procedure, stipulated by the legislation, the international treaties of the Republic of Belarus, technical regulations of the Customs union, Eurasian Economic Union and other international legal acts constituting the right of the Eurasian Economic Union;

confirmation of conformity of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol to the sanitary and epidemiologic requirements and hygienic standard rates established by the legislation, international treaties of the Republic of Belarus and international legal acts constituting the right of the Eurasian Economic Union;

state registration of the capital processing equipment for production of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol;

price regulation on alcoholic products;

establishment of excises on alcoholic, non-food alcohol-containing products and non-food ethyl alcohol according to the tax legislation;

marking of alcoholic beverages excise stamps, and (or) special brands, and (or) special signs;

marking of accompanying documents for import (export) of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol control signs in the cases provided by legal acts;

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