The notion of marking
The marking should be understood as a sign, which can consist of words, symbols, symbols, with or without holographic elements. The task of marking is to provide the person holding the goods in their hands with exhaustive information about him without violating the integrity of the package.
Types of product labeling
Depending on the purpose of this or that marking, distinguish:
1. Preventive marking - informing about the peculiarities of the use of the goods, for example, the crossed aquarium means that it is impossible to put heavy things on top of the product.
2. Marking of general consumer product information - this marking is applied at the request of GOST and must contain in text form the basic information about the consumer properties of the goods: weight, color, etc.
3. Transport marking - indicating the rules of transportation of goods and possible manipulations with it. For example, an inverted glass means that the goods are fragile. There is also a transport marking in the form of text, for example, the inscription "Do not throw", which does not require comments.
4. Marking with certification marks - due to the fact that some goods can be produced only with a special permit or license, the presence on the product of a certification mark indicates that such a permit is available from the manufacturer. As a rule, certification marks consist of a picture, text and symbols with holographic protection. The most popular certification mark is the excise mark.
5. Trademarks - indicating the ownership of the goods to a particular brand. The presence of such a sign indicates the authenticity of such products.
6. Eco-labeling - it indicates that the use of the product does not harm the environment, and may also indicate the presence in the product of some harmful for nature and human ingredients.
7. Special labeling, which is characteristic of dangerous and especially dangerous groups of goods, such as acids and explosives. Special marking of the goods informs about the maximum permissible properties of the environment for storage and transportation of such goods.
8. The barcode, or, as it was formerly called, the strip code, is an international unified marking. The barcode is easily recognizable by its stripes and contains all the necessary information about the product for its sale on the market, namely information about the country of manufacture, the code of the goods according to the international classifier, the manufacturer's code, and also the code indicating the availability of licenses and permits .
The barcode can be of two main forms: linear, actually, a strip code and a two-dimensional code, known as qr-code. 2D code can accommodate more information than linear, since it allows you to read information not only horizontally, but also vertically. As a rule, the qr-code of the goods contains the address of production facilities and the manufacturer's website, and, possibly, the phones of representative offices. Basically, in a two-dimensional code it is possible to encipher absolutely any information. Barcodes also simplify the maintenance of warehouse accounting and cash services in supermarkets with the help of computerized trading equipment.
Marking according to GOST
GOST in the USSR set the standards for all products manufactured in the Soviet Union. Preserved, the marking of the GOST allowed to preserve the authenticity of products manufactured since Soviet times. For example, a doctor's sausage, by whom it is not produced, should consist of the same ingredients prescribed in the GOST, and prepared, adhering to the standard formulation. Of course, modern manufacturers, trying to save money, go on tricks, releasing the goods on specially developed technical conditions, while slightly changing the name of the product. For example, not "Vologda oil", but "Vologda oil extra", etc. Today, each manufacturer can get permission to produce products on their own specifications, but no one has the right to produce goods with the name of the GOST marking that does not meet the requirements Standard.
On all food products produced in Russia or imported into its territory, mandatory labeling of the product must be made. GOST requires manufacturers and others to follow established rules. The labeling of the product must indicate the name of the product, according to GOST or technical specifications, its volume or weight, the producer state and the importer, the composition of the product, its energy value. And also, under what conditions it is necessary to store this product, its shelf life and the dependence of this period on storage conditions. If the product requires additional processing, the label should indicate the preparation recipe, and also how this product should be taken for food. Marking of food products may contain other information at the request of the manufacturer. For example, recommendations for combining with other products may be indicated.
Of course, the rules for marking the goods are relative, and they are allowed to apply with common sense. Of course, no one will prosecute the producer of potato chips, which has not placed on the package information about how to eat, but at the same time, the pineapple importer, or some more exotic fruit, is simply obliged to observe all the above-described rules for marking the goods And indicate on the label instructions for its preparation for food. After all, you can get injured if you try to chew it, and tropical fruits can contain toxic inedible parts.
The rules are also established for the packaging of certain types of goods. For example, plastic containers or containers should only be made of food plastic. Dairy products should be packed only in airtight containers. Eggs can be sold only in special trays, and so on.
Marking of non-food products
The labeling of non-food products should consist of the name of the product, the legal name of the manufacturer, the country of origin of the goods, the rules of its operation, important properties and other information that the manufacturer deems necessary to convey to the consumer. Since most of this information fits into a barcode, very often they are limited to a producer of non-food goods, which puzzles a potential buyer who does not want to buy a "cat in a poke".
The marking of Russian goods is still at the development stage, so it can not always contain comprehensive information about the product. Explanations of the Government of the Russian Federation on the procedure for marking the goods, on the one hand, speak of the need to strictly adhere to established standards, on the other - to act at discretion, and from the third - not to put on the goods all the existing types of marking of goods just in case. In such rules, it's easy and confusing, so until now, marking is done first of all for the representatives of the trade, and only then for the consumer.
There are no specific requirements for the packaging of non-food products, except for goods belonging to dangerous, especially dangerous and highly flammable, as well as to permitted types of weapons. Such products can be stored and transported only in special containers, containers and cases, and accompanied by an appropriate warning marking, which must contain the handling marks of the marking of goods.
The excise stamp is a fiscal document of the state reporting and is under strict control.
A special place is the marking of laser discs with copyright objects recorded on them. Such goods are marked with special license marks, which in their structure resemble excise, but, unlike them, are produced together with laser products by special enterprises under strict state control.
Rules for the Marking and Packaging of Goods for Transport by Air
Air transportation is associated with increased danger, therefore to the goods transported by such transport, more stringent requirements, including concerning the marking, are applied. Only goods in rectangular or square containers, cisterns, and other containers of regular geometric shape are allowed for air transportation. The markings on containers and other rectangular and square packages shall be on the sides and on top of such a container. It should include mandatory marking of non-food or food products, special labeling, environmental, transport marking with manipulation marks. The labeling should contain information on the weight of the goods net and gross, that is, both with packaging, and without it.
The size of the package of goods must correspond to the dimensions of one transport place, determined by the rules of domestic and international air transport. In this case, each product should occupy one place.
Duty to comply with labeling requirements
The manufacturer is obliged to produce, or in the case of excise or license marks, to acquire the necessary number of markings for his products and to ensure that they are correctly applied to the goods. The manufacturer is responsible for the conformity of the quality of his goods with the data indicated on the marking, from the time the goods are released from the conveyor belt to the end user's purchase.
The carrier, which carries out the transportation of the goods, is responsible for the integrity of the marking on the goods from the moment the goods are received from the sender to its delivery to the recipient. In this case, the carrier is never liable for the contents of the marking and its conformity to the goods, as well as for damage to the marking, if the fact of integrity violation was fixed at the time of receiving the goods from the sender.
Wholesale and retail traders are obliged to ensure the integrity and readability of the marking of the goods on its shelves. What is typical, the seller is not responsible for the discrepancy of the labeling data with the real properties of the goods, but at the same time is responsible to the buyer for the discrepancy of information on the store label, that is, the seller's oral offer, the real quality of the goods. Thus, if the manufacturer deliberately or accidentally labeled a plasma TV with a plasma marking and the seller, without having studied the goods, sells it by factory marking, he will answer to the buyer for the inconsistency of the quality of the goods declared in the offer, in accordance with the legislation "on the protection of consumers' rights" . In this case, the seller will receive the right to make similar claims to the manufacturer.
It should be noted that the seller must notify the buyer about all the properties of the purchased goods, and not about the data indicated in the marking, which the buyer himself can read. It is also important to understand the difference between the duties of the seller for the sale of goods without mandatory marking, and the sale of excisable goods with similar defects. It is possible to bring the seller of the first category of goods to liability only by establishing the fact of the sale of the goods without proper marking. In the case of excisable goods, it is enough simply to find such goods in the seller's warehouse, not accompanied by invoices for return due to violation of excise marking.
Responsibility for violation of the marking rules
For violation of the rules for marking goods, administrative liability is provided in the form of a fine, with or without confiscation of products. The size and type of responsibility depends on the objective side of the offense, that is, on what specifically wrongful action the person responsible for the presence of the marking has committed.
Inadequate labeling of food products and non-food items is punishable by a fine, but can conceal a more serious offense, or even a crime, the sale of counterfeit products and smuggling. Recall that the mandatory marking includes an indication of the name of the manufacturer of the goods and the country of origin. Thus, the marking allows you to check the legality of production or import of certain products, and its implementor - to confirm the legality of its acquisition, if for some reason the goods are unavailable. For example, if the goods are purchased on the wholesale market.
The sale of excisable goods without appropriate marking, or if the packaging and marking of the goods are damaged, is also punishable by a fine. This sale is also the basis for suspicion of another heavier tax offense, namely, the non-receipt of goods and cash. And all because the implementation of excisable goods for cash is allowed only with the help of a cash register, into which the entire accrued goods are entered, including the data of excise stamps. Thus, a damaged or missing excise stamp on the product allows you to doubt that this product was brought to the warehouse of the store, and deposited in the cash register, and not sold on a spill or by single from under the floor. Of course, to prove the legality of products with damaged or missing marking is possible, but this will have to spend precious nerves, so it is better not to allow this.
There are several controlling and law enforcement agencies that can manufacture and sell goods that are subject to labeling, namely, federal tax authorities, tax police and police, prosecutors, control authorities for alcohol-containing products and tobacco products, consumer protection agencies, Bodies of veterinary and sanitary-epidemiological control, fire control authorities. In exceptional cases, in the framework of a criminal investigation, the inspection of the marking of goods can be carried out by the prosecutor's office and the FSB.
What you need to know about the labeling of the consumer
In fact, the consumer is the main person in whose interests the marking of goods is applied, but at the same time he is also the most ignorant in this matter in our country. On the one hand, legislative changes are already being introduced, thanks to which the labeling of Russian goods should become more understandable for the consumer. Also, the new law will require special labeling on a wider group of goods. On the other hand, the consumer already now can not stop to understand the benefits for themselves can be extracted from the marking. First, the marking is informing the consumer about the properties, quantity and quality of the goods in the understanding of the law "On Protection of Consumer Rights" and "Civil Code". That is, if the contents of the goods do not correspond to the marking, then the seller or the manufacturer has incorrectly informed you about the purchased goods, and the consumer has the right to appropriate compensation for damage. Secondly, marking guarantees the legality of the goods, and in the case of alcohol or meat and dairy products it is vital.
Thirdly, the marking of the goods helps to know the present place of production of goods, which will allow to determine even a high-quality counterfeit.
Thus, the requirements for product labeling, as well as its packaging, encourage manufacturers and sellers to adhere to certain quality standards and respect the rights of consumers.