The Ministry of Industry and Trade supported the proposal to clarify the rules for the sale of nicotine-containing products in pavilions (detached buildings of small size). This was reported to Vedomosti by a representative of the department. According to him, this will also eliminate discrepancies in the definition of the concept of "pavilion", where the "anti-tobacco" law allows the sale of tobacco. At the moment, this issue is being worked out and is subject to further discussion, the representative of the Ministry of Industry and Trade said. The proposal itself was made by OPORA RUSSIA on August 28 at a meeting attended by representatives of the Ministry of Industry and Trade, CRPT, etc.
Two of its participants told Vedomosti about this. According to them, the organization proposes to amend laws No. 15-FZ "On protecting the health of citizens from exposure to ambient tobacco smoke and the consequences of tobacco consumption" and No. 381-FZ "On the basics of state Regulation of trade activities in the Russian Federation."
The reason for the discussion was a precedent that occurred in the spring of this year in the Krasnodar Territory, the interlocutors of Vedomosti say. The regional authorities, referring to these documents, considered the sale of tobacco products in non-stationary trade pavilions illegal. For this reason, the regional government has already developed a project in the summer prohibiting the leasing of state or municipal land for the placement of points where such goods are sold, explained Vladlen Maksimov, Vice President of OPORA RUSSIA, Chairman of the Trade Committee. Now about 12 thousand people work in the region. such structures, according to the organization. If restrictions are adopted, about 33% of them may cease their activities, and the regional budget will receive about 6 billion rubles from the lack of payments to small businesses in the form of rent (excluding tax and other deductions), it calculated. The administration of the Krasnodar Territory did not respond to the request.
The problem arose due to the fact that the laws regulating the trade in nicotine-containing products do not specify in which specific pavilions it can be sold, Maximov says. In this regard, regional administrations may interpret the rules differently, he noted. Anton Voronov, a member of the Federal Presidium of the Small Format Trade Association, agrees with him. According to him, the tobacco law allows the sale of such goods in shops and pavilions. However, the legislation does not clearly state what the pavilion is, whether it must necessarily be a stationary structure, he added. In addition, 100% of the pavilions are non–stationary structures, and a stationary pavilion is already a small shop, the expert points out.
Experts do not exclude that if the Krasnodar Territory prohibits the sale of tobacco products in such facilities, then the authorities of other Russian regions may follow his example. They remind us that a similar situation has occurred with non-alcoholic energy drinks. At first, they were restricted in retail turnover in the Krasnodar Territory, and now more than 60 regions have taken similar measures.
If similar restrictions are imposed on the sale of tobacco in non-stationary facilities throughout Russia, about 10% of all small entrepreneurs in this segment may suffer, Maximov believes. As a result, small businesses will go into the shadows and the number of legal points of sale of tobacco on the market will decrease, he predicts. At the same time, the volume of illegal products may increase, Maximov summed up.
Maxim Kurgansky, Director for the protection of legal turnover of CRPT products, told Vedomosti that the Honest Mark labeling system makes it possible to unambiguously determine the legality of products and identify violators, regardless of where the goods are sold — in a stationary or non-stationary outlet.
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