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Notice of commencement of catering services. Sample notification of the start of entrepreneurial activity in Rospotrebnadzor

Everyone who opened or is going to open a cafe, bar or restaurant must have heard that Rospotrebnadzor must be warned about the start of activity. It would seem that everything is simple: send a notification and forget about this procedure. But in practice, a lot of questions arise: how, when and in what form to send it, whether they will come with a check immediately after notification, what will happen if you “forget” about it, and many others. Oddly enough, the material eventually accumulated for a whole article.

How, when and in what form to send a notification

So, if you started providing catering services to the population, then according to the law, you need to notify Rospotrebnadzor about this. The notice is made according to the form established by the Government of the Russian Federation(her ). It has only one page and you just need to indicate your details and type of activity (it is better to rewrite from OKVED).

Specific deadline for notification not specified, the legislation states that it must be sent before the actual performance of work (rendering of services). How many days before the start is not specified, so you can do it at least two days before the start, the main thing is to have time to reach. But in order to avoid disputes, it is still better to be guided by some reasonable deadlines and send at least a week in advance.

It is drawn up in two copies and can be sent in three ways:

Directly to Rospotrebnadzor (by courier)
Via mail by letter with a description of the attachment and a notification (moreover, here you also need to attach two copies to the letter, one of them will then be returned to you with a mark)
As electronic document, signed electronically digital signature applicant

Is it possible to notify about the type of activity that is not in OKVEDs?

It often happens that initially they registered a legal entity or individual entrepreneur for one type of activity, and then decided to use it for other purposes. Here the question arises, would it not be a violation that we notify the RPN of the type of activity that is not recorded in the register in our OKVEDs? No, there will be no violation here. The fact is that any economic company (including the most common LLC) and any individual entrepreneur have general legal capacity, and can engage in any type of activity not prohibited by law (unlike any non-profit organization). That is why in the charter they always write first exemplary types of activities (list), and then the phrase “as well as other types of activities not prohibited by law). But I raised this issue for a reason, because in practice it happens that Rospotrebnadzor includes a level 80 bureaucracy and refuses to register a notification for this reason. However, the courts in such cases take the side of the merchants (see, for example, the Decree of the Federal Antimonopoly Service of the Moscow District dated April 3, 2012 in case No. A41-5463/11).

Will the check come after?

Surely many entrepreneurs are wondering if they may not notify at all, otherwise we will notify and immediately come with a check. Of course, anything can happen, once a year and a stick shoots, but there is no such basis for verification in the law. Rospotrebnadzor may conduct or scheduled inspection(which can be found out almost a year in advance), and not earlier than three years after the organization was created, or unscheduled, but it needs a good reason, for example, a case of poisoning, a media report about violations, or someone's complaint. There is no notification of the commencement of activities among such grounds. Yes, and it is unlikely that the inspectors of Rospotrebnadzor are sitting and looking forward to your notification in order to immediately pounce with a check for “fresh blood”. Fortunately, they have enough slanderers for this, including all sorts of dubious social activists and no less dubious journalists.

What happens if you don't provide notification?

It happens that among the hassle of opening an institution, they simply forgot to send a notification. Or, nevertheless, they decided to “insure themselves” from the check and deliberately did not notify. So, what is the price of the issue of such forgetfulness or dubious "safety net"? The already mentioned Rospotrebnadzor fines for this violation - under Art. 19.7.5-1. Code of Administrative Offenses of the Russian Federation. fine for officials 3-5 thousand rubles, for legal entities - 10-20 thousand rubles. In this case, individual entrepreneurs are responsible here as officials (see Art. 2.4. Administrative Code of the Russian Federation).

If you missed the deadline due to an oversight and remembered it, say, in a month, I do not advise you to try to fix it and send a notification after the opening. This will inevitably lead to a fine. After all, you still do not have to spend everything in fear of punishment. subsequent years, this violation is not ongoing, and the statute of limitations for liability for it is only 3 months. This is confirmed by examples from judicial practice: Resolution of the Supreme Court of the Russian Federation of 04/24/2013 N 56-AD13-4, Resolution of the Tambov Regional Court of 04/02/2015 in case N 4-a-48, Resolution of the Supreme Court of the Republic of Sakha (Yakutia) of 02/10/2016 N 4a-756 / 2015 and others

It is worth talking about another unpleasant consequence of not notifying the start of activity: there are cases when, because of this, they refuse to issue a license for alcohol. True, then in court it can be challenged, because. such a refusal would be illegal (see FAS Resolution Central District dated 06/26/2014 in case N A36-5689 / 2013). But, you see, it’s better not to give unnecessary reasons for nit-picking in such a complicated procedure as obtaining a license for alcohol, than then for a year to sue in three instances and sit all this time without a license.

So, to notify or not, it is up to the owner, of course, to decide, the main thing is that I told you how this is done and what will happen for non-compliance.

Illustration: themepatio.com

Application No. 2
to the Rules for Submitting Notifications of the Commencement of Implementation certain types entrepreneurial activity and accounting for these notices

(as amended by Decrees of the Government of the Russian Federation
dated 14.04.2010 No. 245, dated 26.12.2011 No. 1132)

FORM
notifications about the start of business activities

(a mark on the registration of the notification with the authorized body)

(the name of the federal executive body (its territorial body) to which the notification is submitted is indicated)

NOTIFICATION
about starting a business

from "

(the full and abbreviated, including company (if any), name, organizational and legal form of a legal entity, surname, name, patronymic of an individual entrepreneur are indicated,
taxpayer identification number (TIN), the main state registration number of a legal entity or the main state registration number of a record of state registration individual entrepreneur(OGRN))

(indicate the postal addresses of the location of the legal entity, including its branches
and representative offices, places of actual implementation of the declared type (s) of activity, places
actual implementation of the declared type (types) of activity of an individual entrepreneur)

in accordance with Article 8 of the Federal Law “On the Protection of the Rights legal entities and individual entrepreneurs in the implementation state control(supervision) and municipal control” notifies the start of the implementation of the following type(s) entrepreneurial activity:

(specify the type(s) of activity and the works (services) performed within it)

according to the list of works and services as part of certain types of entrepreneurial activity,

on the beginning of the implementation of which by a legal entity or individual

the employer submits a notice)

and confirms the conformity of territories, buildings, premises,

structures, equipment, other similar objects, Vehicle intended for use in the process of carrying out the declared activity, personnel, other conditions for carrying out business activities mandatory requirements.


(Job title head of a legal entity)		(signature of the head of the legal entity, person representing the interests of a legal entity, individual entrepreneur)		(initials, surname the head of a legal entity, a person representing the interests of a legal entity, an individual entrepreneur)

M.P.

Instruction:

Approved

Government Decree

Russian Federation

I. General provisions

1. These Rules establish the procedure for the submission by legal entities, individual entrepreneurs engaged in certain types of entrepreneurial activities to the authorized federal executive bodies (their territorial bodies) of notifications of the commencement of their activities (hereinafter referred to as the notification), as well as the procedure for accounting by these bodies of received notifications.

2. The notification is submitted by a legal entity or an individual entrepreneur intending to perform work (render services) (hereinafter referred to as the applicant) in accordance with the list of works and services as part of certain types of entrepreneurial activity in accordance with (hereinafter referred to as the list of works and services).

4. An applicant who intends to perform the work (rendering of services) specified in these Rules in the territory to be serviced by the Federal Medical and Biological Agency shall submit a notification to this Agency (its territorial body).

─────────────────────────────────────────────────────┬─────────────────────

Name of activities and performed │ Code for

in their composition of works and services │ all-Russian

│ classifier

─────────────────────────────────────────────────────┴─────────────────────

I. Provision hotel services, as well as services for temporary

accommodation and provision of temporary accommodation

2. Activities of other places for temporary 55.21, 55.22,

residence 55.23.1,

55.23.2

II. Provision of household services

3. Repair, dyeing and tailoring of shoes 011100 - 011300

4. Repair and tailoring of clothing, fur and leather 012100, 012200,

products, headwear and textile products 012400, 012500

haberdashery, repair, tailoring and knitting

knitwear

5. Repair and maintenance of household 013100 - 013400

electronic equipment, household machines and

household appliances, repair and manufacture

hardware

6. Manufacture and repair of furniture 014100, 014200

7. Dry cleaning and dyeing, laundry services 015000

8. Maintenance and repair of vehicles 017100 - 017500

facilities, machinery and equipment

9. Photo studio services and photo and film laboratories 018100

10. Services of baths and showers 019100

11. Hairdressing services 019300

III. Provision of catering services

organizations Catering

12. Catering services 122100, 122200

IV. Retail(excluding retail

with federal laws)

13. Retail trade in non-specialized 52.1

stores

14. Retail food products at 52.21 - 52.24,

specialized stores 52.27

15. Retail sale of cosmetics and 52.33

perfumery goods

16. Retail trade in stalls and markets 52.62

v. Wholesale(excluding wholesale

goods, the free circulation of which is restricted in accordance with

with federal laws)

17. Wholesale of food products 51.32, 51.33,

51.36.3, 51.38.1,

51.38.22,

51.39.1

VI. Provision of services for the transportation of passengers and luggage on orders

by road (with the exception of such transportation

on regular transportation routes, as well as to ensure their own

needs of legal entities, individual entrepreneurs)

message

VII. Provision of services for the transportation of goods by road,

whose carrying capacity is over 2.5 tons

(with the exception of such transportation carried out to ensure

own needs of legal entities, individual entrepreneurs)

20. Activities of road freight 60.24.1

specialized transport

(in ed.Decrees

non-specialized transport

VIII. Manufacture of textile materials, garments

23 Manufacture of finished textile products, 17.4

except for clothes

24. Manufacture of other textile products 17.51

25. Manufacture of knitted fabrics 17.6

26. Manufacture of knitwear 17.7

IX. Manufacture of wearing apparel

27. Manufacture of clothing from leather 18.1

28. Manufacture of clothing from textile materials 18.2

and clothing accessories

X. Manufacture of leather, leather products, including footwear

29. Tanning and finishing leather 19.1

30. Manufacture of suitcases, bags and similar 19.2

products made of leather and other materials;

production of saddlery and other products

leather

31. Manufacture of shoes 19.3

XI. Wood processing and production of wood and cork products,

excluding furniture

32. Sawing and planing of wood; impregnation 20.1

wood

33. Production of veneer, plywood, boards, panels 20.2

34. Manufacture of wooden building materials 20.3

structures, including prefabricated wooden

buildings, and joinery

XII. Publishing and printing activities

35. Printing and provision 22.2

services in this area

XIII. Activities related to the use of computers and

information technology (except for the specified activities,

carried out in order to protect state secrets)

36. Maintenance and repair of office 72.5

machines and computers, including

cash register equipment

XIV. Production of bread, bakery and confectionery

(introducedDecree

37. Production of bread and flour confectionery 15.81 - 15.82

durable and non-durable products

XV. Production of milk and dairy products