The trouble with food: fines may be imposed in Russia for violating food regulations
Rosselkhoznadzor proposes to fine producers and sellers for violating food regulations. We are talking about compliance with acceptable levels of harmful substances, requirements for product quality and safety, as well as rules for production, storage, transportation and sale. Currently, there is no penalty for violating them — in serious cases, liability is imposed under the Criminal Code. One of the high—profile examples is the massive botulism infection, when two people died and more than 400 lobio customers were injured. Public activists consider the initiative justified against the background of an increase in the number of food poisoning. At the same time, business representatives urge to evaluate it taking into account the existing burden on entrepreneurs.
Punishment for non-compliance with food safety
Control over all stages of product circulation — from production to sale, so that it does not cause harm to health, establish the requirements of the technical regulations "On Food safety" and specialized technical regulations for certain categories (fish, meat, poultry, dairy products). They establish mandatory standards for the quality and safety of products, including acceptable levels of harmful substances (toxins, microorganisms, pollutants), as well as hygiene requirements for production, storage, transportation and sale. Fines may be imposed on manufacturers and sellers for non-compliance with these rules, the Rosselkhoznadzor's press service told Izvestia.
—The Rosselkhoznadzor considers it appropriate to supplement the Code of Administrative Offences of the Russian Federation with a separate Article 14.43.2, which provides for liability for violations by the manufacturer or seller of the requirements of exclusively "food" technical regulations,— the agency's press service explained to Izvestia.
Currently, there is no direct responsibility for non-compliance with such technical regulations. However, sanctions are already being applied for related violations related to the quality and safety of food products: for example, in the first quarter of this year, the Rosselkhoznadzor imposed fines in the amount of more than 9 million rubles. During this time, 4,172 studies of animal products and feed were conducted. Of these, 336 samples (8.05%) did not meet the declared quality, including being falsified.
"At the same time, laboratories subordinate to the Rosselkhoznadzor continue to identify counterfeit products, which indicates the insufficient effect of existing fines," the agency stressed.
For example, for such crimes, the Administrative Code provides for fines for legal entities from 100,000 to 1 million rubles, which is often incomparable with the amount of profit received from the sale of fakes. The introduction of negotiable fines can enhance the effect, depending on the total amount of revenue, the Rosselkhoznadzor believes.
Izvestia sent requests to the Ministry of Agriculture and the Ministry of Industry and Trade with a request to comment on the prospects for supporting these proposals.
Earlier, as reported by Izvestia, the government was offered to increase fines 10 times for consumer deception (Article 14.7 of the Administrative Code) in the Committee on regulations of the Federation Council. The senators said that Russians have recently increasingly come across a situation where the product characteristics stated on the packaging or in the documentation do not correspond to its actual physico-chemical and biological composition. The proposals of the parliamentarians were supported by Rospotrebnadzor. They told Izvestia that this is a long overdue measure, as the current fines have largely lost their deterrent effect and are perceived by businesses as acceptable costs.
Will fines help to stop violations?
The initiative deserves some attention given the increase in food poisoning in Russia, and the current system of penalties under Article 14.43 of the Administrative Code of the Russian Federation does not take into account industry specifics, said Oleg Pavlov, head of the Public Consumer Initiative.
— At the moment, this article combines violations in the production of clothing, cement and baby food into one general category. The introduction of specialized Article 14.43.2 is a reasonable step towards "smart" control and regulation, where the punishment for violations in each specific product category will take into account the specifics of the industry and the level of risks for consumers, taking into account the severity of possible consequences, he told Izvestia.
According to him, when a cheap substitute turns out to be in sausage instead of meat, and undeclared vegetable fats are in confectionery, the manufacturer is not just saving money, he steals money from citizens' pockets and risks their health.
Since the beginning of the year alone, several high-profile poisoning incidents have occurred in Russia. On April 6, 28 people were poisoned in a hotel in Moscow. On April 19, 10 schoolchildren were hospitalized in Cherepovets, Vologda region, after food poisoning with symptoms of acute gastritis, vomiting and abdominal pain. In the Sverdlovsk region, 20 students were diagnosed with intestinal disease after eating in the school cafeteria. In the middle of this month, as reported by the REN TV channel, parents accused food suppliers of mass poisoning of children in the Moscow suburb of Odintsovo. One of the most high-profile poisoning incidents occurred in 2024. As a result of improper storage and poor-quality preparation of bean salad ingredients, a massive botulism infection has occurred in Russia. As a result, two people were killed and more than 400 people were injured.
— In general, we are convinced that fines for systemic violators should be multiples of their illegal profits, so that it becomes economically unprofitable to counterfeit products. At the same time, we place special hopes on the new capabilities of the labeling and traceability system, which will allow the supervisory authorities to block any counterfeit products at the cash registers out of court," Oleg Pavlov emphasized.
According to him, the consumer community expects lawmakers not only to tighten sanctions, but also to lift all restrictions on control (supervisory) measures that currently prevent the application of full-fledged sanctions against malicious counterfeiters.
The president of Opora Russia, Alexander Kalinin, on the contrary, reacted critically to the Rosselkhoznadzor's proposal. The initiative must first be discussed with representatives of the business community, especially if it concerns the introduction of negotiable fines. Now, according to him, entrepreneurs are already facing a high workload, so before taking new measures, it is important to carefully assess their possible consequences for business.
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