Pepeliaev Group advises that the list of goods that must be labelled with means of identification might be enlarged.
In accordance with the Agreement on the labelling of goods with means of identification in the EAEU[4], which Russia has ratified, the global purpose behind introducing the labelling of goods with means of identification is ensuring the legal circulation of goods within the EAEU, protecting consumers' rights and preventing misleading actions.
Subsequently, new concepts were introduced into this federal law at the end of 2018.
In particular, labelling means putting special means of identification on a product –
labelling codes. What form do such codes have? The following is provided in the law as an example:
- a bar code, which can be defined as a sequence of black and white stripes (or other geometrical figures). a QR-code is a type of a bar code;
- a RFID code - for example, radio frequency identification tags in a plastic case are often placed on clothes. Before the sale the cashier removes the tag;
- a code presented with the help of another automated identification technology. An example of such other technologies is a card with a magnetic stripe. The magnetic stripe can be seen on bank payment cards, discount/gift cards, and key-cards to hotel rooms. Often bank payment cards together with a magnetic stripe have a built-in chip-card (microchip), which is one more example of an automated identification technology.
A unique number of each item of goods,
an identification code, is written down in the labelling code. Labelled goods will be tracked because information about the circulation of all such goods will be entered into the special
state information system for monitoring the circulation of goods. Information will be supplied to such systems by business entities (legal entities and individual entrepreneurs) which carry out:
- trade activity connected with the sale and purchase of such goods;
- the supply of such goods (including manufacturers of goods).
These business entities are also obliged to label the goods.
A part of the information about the product that is contained in the monitoring system will be publicly available, for example, the information about the product’s name, place of manufacture, manufacturer, current owner, and for tobacco products also the maximum retail price, etc. Access to such information will also be provided to consumers (for example, they can access the information by scanning the labelling code using a free mobile application).
What to think about and what to do
The possible inclusion of BAFS, sport nutrition and water in the list of goods that must be labelled will require, from those involved in their circulation, strict compliance with the labelling provisions and other regulations for labelling goods in Russia.
Companies will need to take into account the costs of introducing labelling and other new costs for the business, and to be attentive in compliance with all the technical requirements.
The exchange of information within the monitoring system (in particular between the operator of the monitoring system and those involved in the circulation of goods) will be carried out in the form of electronic documents, which presupposes that companies will shift to electronic document flow.
Help from your adviser
Pepeliaev Group’s cross-sectoral Digital Economy Support Group comprises experts in the legal regulation of IT, IP and personal data use. The Group will be happy to provide the full range of legal services concerning any aspects of how information technologies might be applied.
