The government will expand the responsibilities of sellers of labeled goods

The Ministry of Industry and Trade has prepared amendments to the rules for labeling goods, expanding the responsibilities of manufacturers, sellers and importers of labeled goods, writes buh.ru.

The draft of the relevant government resolution was published on the Unified portal for posting draft legal acts.

Let us remind you that the current rules for labeling goods subject to mandatory marking by means of identification are approved by Decree of the Government of the Russian Federation of April 26.04.2019, 515 No. XNUMX (as amended and supplemented).

The ministry complained that the retail chain has the opportunity to sell illegal and counterfeit products, since instead of recognizing the marking code in the form of a two-dimensional bar code in the Data Matrix format, it is technically possible to read only a bar code of the EAN-13 standard and not transmit information about the sale of the product to be marked by means of identification goods into the information monitoring system.

In this regard, the new provisions establish that a participant in the circulation of goods who makes payments using cash register systems when selling marked goods is obliged to:

• recognize the marking code contained in the identification tool applied to the packaging of the product being sold (sold) in the form of a two-dimensional bar code in Data Matrix format, and determine the type of recognized marking code using a technical means of obtaining information about the product;
• transfer the recognized marking code and information about its type using a technical means of obtaining information about the product to cash register equipment;
• send information about the sold (sold) labeled product using cash register equipment to the operator in the manner prescribed by the legislation of the Russian Federation on the use of cash register equipment.

For individual goods, for the retail sale of which in the fiscal document, instead of a marking code, a product code included in the identification code is indicated, instead of a two-dimensional bar code in the Data Matrix format, an EAN standard bar code can be recognized.

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At the same time, it is proposed to supplement the requirements for technical means of obtaining information about the product. In particular, technical means of obtaining information about a product must:

• contain an identification key for technical means of obtaining information about a product, obtained from the operator of the labeling system;
• recognize the marking code contained in the identification tool applied to the product packaging in the form of a two-dimensional bar code in the Data Matrix format, without using the information contained in the bar code applied to the product packaging in accordance with the EAN standard;
• identify the type of recognized marking code;
• ensure the transfer of information about the marking code and (or) the identification code of the marked product to cash register equipment and (or) be part of the cash register;
• have a document on the results of checking compatibility with the operator’s technical equipment.

The operator of the labeling system will check the compatibility of technical means of obtaining information about the product in terms of their functioning and issue documents on the results of such verification.