The algorithm of consumer actions when purchasing low-quality products
When purchasing low-quality products, the consumer has the right to make a claim on the quality of the goods.:
to the seller;
to the manufacturer*;
to the supplier (importer) *
* information about the manufacturer and supplier must be indicated in the labeling of the product (on the label, packaging, etc.) in accordance with Article 7 of the Law of the Republic of Belarus "On Consumer Rights Protection"
1. The consumer is recommended to record the claim by making an entry in the seller's comments and suggestions book (the comments and suggestions book are provided to the consumer upon request), in which the consumer's requirements must be clearly stated
2. In accordance with Article 20 of the Law of the Republic of Belarus "On Consumer Rights Protection", the consumer has the right to demand:
replacing a product with a quality product;
a commensurate reduction in the cost paid;
refund of the paid cost
At the same time, the seller has no right to refuse to satisfy the requirements, even if the goods are partially used, the packaging is opened or damaged.
3. It is recommended to contact (at the location of the shopping facility) the body of the Ministry of Health - the Center for Hygiene and Epidemiology of the city (district), as well as, if necessary, the territorial body of the State Committee for Standardization to ensure prompt verification (with sampling if necessary).
Please note that the goods purchased and stored by the consumer (regardless of the duration of the storage period), as a rule, are not subject to research (quality control, expertise).
important!
When contacting the supervisory authorities with a claim to food quality, it is necessary to specify: the name and address of the retail facility (where the goods were purchased), the date of purchase; manufacturer, product name, grade, net weight or volume in consumer containers, date of manufacture and packaging, and other distinguishing features of the goods, in order to properly sample for conducting examination (quality control) of food products in accordance with the requirements of regulatory documents
Consumer rights and requirements for the organization of the trading process
Consumer rights and the sale of food products are regulated by the Law of the Republic of Belarus dated January 9, 2002 "On Consumer Rights Protection", the Rules for the sale of certain types of goods and catering (approved by Resolution of the Council of Ministers of the Republic of Belarus dated July 22, 2014 No. 703).
Every buyer has the right to education in the field of consumer protection, information about goods, free choice of goods, proper quality, quantity and safety of goods. The establishment of any other advantages, direct or indirect restrictions when choosing a product is not allowed, except for the advantages provided by law.
Goods must be free of packaging, wrapping and binding materials, and metal clips before they are delivered to the sales area or other place of sale. Contaminated surfaces or parts of the product must be removed. The seller is also obliged to check the quality of the goods (by external signs), the availability of the necessary documentation and information on them, and to reject and sort the goods.
The sale of raw food products (eggs, meat, poultry, fish, seafood, vegetables and other similar products) at the same counter together with ready-to-eat food products is not allowed.
Vegetables and fruits showing signs of poor quality with a violation of the integrity of the peel are not allowed for sale.
Bulk food products are delivered to the buyer in packaged form without charging an additional fee for packaging.
The price of food products sold by weight is determined by net weight.
At the request of the buyer, if appropriate automated equipment is available, cheese, sausages and smoked meats must be cut.
Bread and bakery products weighing 0.4 kg or more can be cut into 2 or 4 equal parts and sold without weighing (cutting by customers and auxiliary workers is prohibited).
In order for the buyer to verify the correctness of the price of the goods and the mass, measuring equipment must be installed in an accessible place in the sales hall.
There is a ban on the sale of food products after the expiration of the established shelf life and (or) shelf life.
1. Carefully read the information about the product (label, packaging, leaflet, label, stamps, price tags, etc.).
The labeling of packaged food products must be complete and reliable, understandable, easy to read (in Russian and/or Belarusian) and must contain the following information:
the name of the product and the invented name (may complement the name of the food product, should not replace the name of the product);
information about the composition and nutritional value (caloric content, protein, fat, carbohydrates, amount of vitamins and minerals), including food additives and genetically modified organisms (GMOs);
quantity of food products (volume or weight is indicated);
purpose and scope of application (baby food, dietary supplements, dietary supplements);
recommendations and/or restrictions on use, including methods of food preparation (for semi-finished products, concentrates);
date of manufacture, packaging date and expiration date;
storage conditions (if the quality and safety of the product change after opening the package, the storage conditions after opening the package must be specified);
information about production standards (GOST, TU);
information on conformity assessment;
manufacturer's trademark (if any);
name and location of the manufacturer (importer, authorized by the manufacturer);
methods of food preparation (for semi-finished products, concentrates);
other information provided by regulatory legal acts, including technical regulatory legal acts.
Inscriptions, signs and symbols should contrast with the background on which the marking is applied. The method of communicating information should ensure its safety during the entire shelf life of the product, subject to the storage conditions established by the manufacturer.
The price tag contains information:
full product name assigned by the manufacturer;
variety;
price per unit (mass) the price of the product per 1 kg (with the exception of goods in a certain set, alcoholic and low-alcohol beverages and beer, eggs, as well as other food products weighing less than 50 grams or 50 milliliters (except spices and seasonings);
about the GMO content (highlighted in red with the indication "Contains GMOs");
country of origin of the product;
the date of the price tag (indicated on the back of the price tag).
At the request of the buyer, the seller is obliged to familiarize him with the documents certifying the quality and safety of the goods, as well as containing information on the date of manufacture and shelf life of the packaged goods.
2. Always take a receipt or other document confirming the purchase of the product. All sellers, without exception, must issue these documents (including individual entrepreneurs in the markets!).
You can file a claim for a substandard product without such a document if there is other evidence (for example, if there is information about the seller on the product packaging, etc.).
In the absence of evidence of the purchase of goods from a particular seller, the latter may dispute the fact of the purchase of this product from him.
Non-exchangeable and non-refundable high-quality food products
3. If you have purchased low-quality products, you have the right to demand at your choice:
replacing a product with a quality product;
a commensurate reduction in the cost paid;
refund of the paid cost.
The seller has no right to refuse to satisfy the requirements, even if the goods are partially used, the packaging is opened or damaged.
Food products are considered to be of poor quality and are not subject to sale.:
do not comply with the requirements of regulatory documents;
they have obvious signs of poor quality;
they do not have established expiration dates (for food products for which the establishment of expiration dates is mandatory) or whose expiration dates have expired;
they do not have markings containing information provided for in technical regulations
Reasonable consumer requirements are subject to satisfaction by the seller
immediately, the maximum period is 7 days, if necessary, the maximum period is 14 days .
When the amount paid for the goods is returned to the buyer, the seller has no right to deduct from it the amount by which the value of the goods has decreased due to full and partial use of the goods, loss of their presentation, etc.
The consumer has the right to full compensation for losses and damage caused as a result of defects in the product. Claims for damages are subject to satisfaction by the seller within 7 days from the date of confirmation by the consumer of the amount of damages.
For violation of the deadlines for satisfying the justified claims of the consumer, the seller, who violated the deadlines, pays the consumer a penalty in the amount of 1% of the price of the goods for each day of delay.
The examination should be carried out by independent specialists authorized to conduct this kind of research.
The cost of the examination is paid by the seller.
Please note!
If, as a result of the product quality examination, the consumer's fault is established, the latter is obliged to reimburse the seller for the costs of conducting the examination, as well as the associated costs of transporting the goods.
The consumer has the right to participate in the quality control and examination of products personally or through his representative, to dispute the conclusion of the examination of the goods only in court, as well as to conduct an examination of the goods at his own expense.
Please note!
The consumer has the right to make claims about defects in the product during the expiration date.
It is advisable to carry out an examination of food products only if the consumer packaging (packaging) and storage conditions are not violated, otherwise it is impossible to prove that the reason for the decrease in quality is the fault of the manufacturer or seller. Therefore, when contacting the manufacturer, seller, or supervisory authorities with a claim to the quality of food products, it is necessary to specify: manufacturer, product name, grade, net weight or volume in consumer containers, date of manufacture and packaging, and other distinguishing features of the product, so that food products can be selected for examination in accordance with the requirement regulatory documents.
Expired products are of poor quality and should not be sold.
The consumer has the right to return a low-quality product, even if it was purchased at a discount.
4. If, within the time limits established by the legislation on consumer rights protection, the seller (manufacturer, supplier, representative) has not responded or has not satisfied the consumer's request, the consumer has the right to apply (with supporting documents attached) to the state consumer rights protection authority, a public consumer organization, or a court. (with a statement of claim for the protection of violated rights).
State consumer protection authorities (in accordance with their authority and competence):
authorized representatives for consumer protection of local executive and administrative bodies (at the place of business (location) of the trade entity);
Ministry of Health of the Republic of Belarus (State Institution "Republican Center of Hygiene, Epidemiology and Public Health" (territorial bodies),
State Committee for Standardization of the Republic of Belarus (territorial bodies);
Ministry of Agriculture and Food of the Republic of Belarus;
The Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus is the authorized state body regulating the sphere of consumer protection
