Penalties for not having Certificates of Conformity
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For most goods and services Certification is mandatory. As a result of certification, the product is tested for quality and safety for consumers. Therefore, such an offense – as the lack of a Certificate – implies legal liability.
The obligatory presence of a certificate is enshrined in the following documents:
- Federal Law No. 184 “On technical regulation” of December 27, 2002.
- Law No. 2300 of 02/07/1992.
- Government Decree No. 918 of 07/21/1997.
- Federal Law No. 195 of December 30, 2001.
When does the legal responsibility for the absence of the Certificate come?
If a product without a certificate is not subject to sale and its further operation by consumers, that is, it is stored in a warehouse, then in this case this is not an offense. But if a product for which there is no certificate (and certification of this product is mandatory) is sold to consumers, imported into the country and operated, then in this case this is an offense for which administrative liability is provided.
Also, legal liability may arise in case of non-compliance with obligations by the manufacturer or seller:
- for products that have passed certification, there must be a certificate;
- the document is provided at the request of state bodies and structures;
- all accompanying documents for the goods must contain the numbers of certificates;
- if the validity period of the Certificate is terminated or expired, then these goods should no longer be produced and sold;
- when changing the production technology or technical documentation of the goods, this must be entered in the Certificate.
Penalties in the absence of Certificates
Administrative responsibility for the absence of a certificate is assigned on the basis of Chapter 14 of the Code of Administrative Offenses of the Russian Federation:
- The goods sold or the services provided do not meet the established requirements – a fine of 30,000 rubles. If the offense is repeated, the goods will be confiscated.
- Deception of buyers – a fine of 20,000 rubles.
- The product does not comply with technical regulations – a fine of 600,000 rubles. If the offense is repeated, the product will be confiscated. The activity of the company may also be suspended for up to 3 months.
- The product is subject to mandatory certification, but is sold without a certificate – a fine of 300,000 rubles.
- The product has been certified, but information about this is not reflected in the labeling – a fine of 1,000,000 rubles.
In addition to the offenses and fines listed above, there are a number of other forms of fines for an unfair approach to product certification:
- Import into the country of goods without EAC certificates – a fine of up to 100,000 rubles.
- Sale of goods without an EAC certificate – a fine of up to 50,000 rubles.
- The sale of goods without EAC marking, while its application is mandatory – a fine of up to 300,000 rubles.
- Use of communication facilities without certification of Cellular Communication Facilities – a fine of up to 300,000 rubles.
The amount of the fine depends on the type of offense and the frequency of the offense.
Therefore, it is worth taking the issue of certification of your goods with all seriousness. In addition to fines and legal methods of suppressing violations in the field of certification of goods and services, there are a number of unpleasant consequences that may arise:
- there will be distrust on the part of buyers;
- relations with partners will worsen;
- there will be no possibility to legally import and sell their goods.
The lack of a certificate leads to the most serious consequences. In the worst case, this is a decrease in sales, suspension of activities, a decrease in income, a deterioration in the company’s image. This is especially true if products with an increased hazard class are sold.