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State regulation of catering establishments. The system of state bodies regulating the activities of public catering enterprises. Requirements for employees of a catering enterprise

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Legal regulation of cafe activities

The activities of the cafe can be carried out by any legal or natural person registered as an individual entrepreneur. The activity of the cafe refers to catering services, to which certain requirements are imposed. The legislator classified restaurants, bars, cafes, canteens, snack bars as public catering facilities with a customer service hall (Article 346.27 of the Tax Code of the Russian Federation).

Normative base:

Rules for the provision of catering services, approved Decree of the Government of the Russian Federation of August 15, 1997 N 1036, with changes and additions.

SP 2.3.6.1079-2001 Sanitary and epidemiological rules and regulations. Sanitary and epidemiological requirements for public catering organizations, production and turnover capacity of food products and food raw materials in them, with amendments and additions.

SanPiN 2.3.2.1324-2003 Sanitary and epidemiological rules and regulations. Hygienic requirements for the shelf life and storage conditions of food products.

SanPiN 2.3.2.1078-2001 Sanitary and epidemiological rules and regulations. Hygienic requirements for the safety and nutritional value of food products. Collections of recipes for dishes, culinary products, flour confectionery and bakery products for catering establishments, officially published on the territory of the Russian Federation, including national cuisines.

SNiP 2.08.02-89 Building regulations. Public buildings and structures.

SNiP 31-05-2003 Building regulations. Public administrative buildings.

SNiP 31-01-2003 Building regulations. Residential multi-apartment buildings.

SNiP 21-07-97 Fire safety of buildings and structures.

SNiP 35-01-2001 Accessibility of buildings and structures for people with limited mobility.

Cafe activity requirements:

According to "GOST R 50762-2007 (hereinafter referred to as "GOST"). National standard of the Russian Federation. Catering services. Classification of catering establishments" catering establishments of all types and classes must be equipped with engineering systems and equipment that provide the necessary level of comfort in accordance with GOST 30494, including artificial and natural lighting, hot and cold water supply, sewerage, heating, ventilation systems, telephone communication According to GOST, a cafe is a public catering enterprise for catering and (or without) rest of consumers with the provision of a limited range of catering products compared to a restaurant, selling branded, custom-made dishes, products and alcoholic and non-alcoholic drinks.

GOST establishes the following general requirements for catering establishments:

Based on the regulatory framework in GOST, some requirements for cafes, bars, restaurants are formulated in the table below.

Name of requirements	Type and class of enterprise
	class restaurant			bar class			Cafe
	"LUX"	"HIGHER"	"FIRST"	"LUX"	"HIGHER"	"FIRST"	Cafe
Requirements for architectural and planning solutions and design of enterprises
1. Appearance of the enterprise
1.1 Signboard:
illuminated with design elements	+	+	+	+	+	+	-
obysnaya illuminated	-	-	-	-	-	-	+
2. Composition of premises for consumers
2.1. Lobby	+	+	+	+	+	-	-
2.2. Wardrobe	+	+	-	+	+	-	-
2.2.1. Hangers in the hall	-	-	+	-	-	+	+
2.3. Hall	+	+	+	+	+	+	+
2.4. Banquet hall or separate cabins (offices)	+	+	-	-	-	-	-
2.5. Toilet room with handwashing area	+	+	+	+	+	+	+
3. Decoration of halls and premises for consumers
3.1. The use of exquisite decorative elements	+	-	-	+	-	-	-
3.2. Use of original decorative elements	-	+	+	-	+	+	-
3.3. The use of decorative elements that create a unity of style	-	-	-	-	-	-	+
3.4. The presence of a stage and (or) a dance floor	+	-	-	+	-	-	-
3.5. The presence of artistic compositions, flower beds of fresh decorative flowers and (or) fountains and (or) aquariums	+	-	-	+	-	-	-
4. Microclimate
4.1. Air conditioning system with automatic maintenance of optimal temperature and humidity parameters	+	+	+	+	+	-	-
4.2. Ventilation system providing acceptable temperature and humidity parameters	-	-	-	-	-	+	+
Requirements for furniture, tableware, appliances, linen
Furniture:
increased comfort, corresponding to the interior of the premises	+	+	-	+	+	-	-
standard, corresponding to the interior of the premises	-	-	+	-	-	+	+
1.1. Tables:
soft cover	+	+	-	+	+	-	-
polyester coating	-	-	+	-	-	+	+
wooden surfaces (for stylized businesses)	+	+	+	+	+	+	+
1.2. armchairs
soft with armrests	+	+	-	+	+	-	-
semi-soft	-	-	+	-	-	-	-
1.3. Bar counter available:
modernly furnished with stools	+	+	-	+	+	+	-
for serving food and drinks (service)	+	+	-	-	-	-	-
2. Tableware and cutlery
2.1. Metal crockery and cutlery:
of cupronickel or nickel silver, or stainless steel, or other modern alloys	+	+	-	+	+	-	-
stainless steel	-	-	+	-	-	+	+
2.2. Porcelain tableware, artistically designed	+	+	-	+	+	-	-
2.3. Semi-porcelain, earthenware dishes	-	-	+	-	-	+	+
Assorted glassware:
crystal, hand-blown glassware	+	+	-	+	+	-	-
high-quality glassware with and without a pattern	-	-	+	-	-	+	+
2.5. Ware made of ceramics and wood for thematic enterprises and enterprises of national cuisine	+	+	+	+	+	+	+
3. Table linen
3.1. Tablecloths:
white or colored	+	+	+	+	+	-	-
branded	+	-	-	+	-	-	-
3.2. Napkins for personal use:
linen	+	+	+	+	+	-	-
paper	-	-	-	-	-	+	+
3.3. Change of table linen after each customer service	+	+	+	+	+	-	-
Requirements for the design of the menu and price lists, product range
1. menu and price list of wines (wine list) with the emblem (trademark) of the company
in Russian and national languages	+	+	+	+	+	+	+
in Russian and English or the language corresponding to the specialization of the enterprise	+	+	-	+	+	-	-
printed or computerized	+	+	-	+	+	-	-
by computer	-	-	+	-	-	+	+
cover made of modern materials, original and artistically designed (with a trademark)	+	+	-	+	+	-	-
cover made of modern materials	-	-	+	-	-	+	+
Assortment of catering products and purchased goods
2.1. A range consisting mainly of original, refined, custom-made and branded products, incl. national dishes, products and drinks of the main groups of culinary products, taking into account the concept and specialization of the enterprise	+	+	-	+	-	-	-
2.2. A diverse range of dishes, products and drinks of complex preparation, incl. branded	-	-	+	-	+	+	-
2.3. Diverse assortment of dishes, products and drinks, taking into account the specialization of the enterprise	-	-	-	-	-	-	+
2.4. Assortment of cocktails and other mixed drinks, juices, snacks, sweet dishes, confectionery, customized and branded hot dishes in accordance with the company's specialization	-	-	-	+	+	-	-
2.5. Cocktails, drinks, desserts, easy-to-cook snacks, custom and signature drinks, cocktails, limited hot dishes	-	-	-	-	-	+	-
2.6. A wide range of industrial confectionery, fruits, alcoholic beverages, tobacco products, soft drinks	+	+	+	+	+	+	-
2.7. Fulfillment of special wishes of the consumer for the preparation of dishes (cocktails) in full view of consumers and their serving	+	+	-	+	-	-	-
Requirements for customer service methods, for uniforms, shoes
1. Customer service methods
1.1. Service by highly qualified waiters, bartenders, head waiters	+	+	-	+	+	-	-
1.1. Service by waiters, bartenders, maitre d's	-	-	+	-	-	+	+
1.3. Bar service at the bar	-	-	-	-	-	+	-
1.4. Availability of a wine specialist (sommelier)	+	-	-	-	-	-	-
1.5. Self service	-	-	-	-	-	-	+
2. Table setting
2.1. Pre-cover	+	+	+	-	-	-	-
2.2. Table decoration:
fresh flower arrangements	+	+	-	+	-	-	-
folded napkins	+	+	-	-	-	-	-
candles	+	-	-	-	-	-	-
artificial or natural flowers	-	-	+	-	+	-	+
3. Guarded car park with unlimited parking times	+	-	-	-	-	-	-

In addition, a number of requirements are established by the Rules for the provision of public catering services, approved by Decree of the Government of the Russian Federation dated August 15, 1997 No. 1036, as amended and supplemented (hereinafter referred to as the "Rules").

Artist information:

The cafe (Contractor) is obliged to bring to the attention of consumers the company name (name) of its organization, its location (address), type, class and mode of operation, placing the specified information on the sign. An individual entrepreneur must provide consumers with information about state registration and the name of the body that registered it. If the activity of the performer is subject to licensing in accordance with the legislation of the Russian Federation, then he is obliged to provide information on the number, validity period of the license, as well as on the authority that issued it.

The Contractor is obliged in a clear and accessible form to bring to the attention of consumers the necessary and reliable information about the services provided, ensuring the possibility of their correct choice. The consumer should be given the opportunity to get acquainted with the menu, price lists and service conditions both in the hall and outside the service hall. Information about the contractor and the services provided by him is brought to the attention of consumers at the place of provision of services in Russian, and additionally, at the discretion of the contractor, in the state languages of the constituent entities of the Russian Federation and the native languages of the peoples of the Russian Federation.

The consumer has the right to receive additional information about the main consumer properties and quality of the offered catering products, as well as about the conditions for preparing dishes, if this information is not a trade secret.

In addition to the sign, the following information is required:

list of services and conditions for their provision;
prices in rubles and terms of payment for services;
company name (name) of the proposed public catering products, indicating the methods of preparing dishes and the main ingredients included in them;
information on the weight (volume) of servings of ready-made meals of public catering products, the capacity of consumer packaging of the offered alcoholic products and the volume of its portion;
information on the nutritional value of public catering products (calorie content, content of proteins, fats, carbohydrates, as well as vitamins, macro- and microelements when they are added in the process of preparing public catering products) and composition (including the name of food additives used in the manufacturing process, biologically active additives, information on the presence in food products of components obtained using genetically modified organisms);
designations of regulatory documents, the mandatory requirements of which must comply with public catering products and the service provided;
Information about products and services is brought to the attention of consumers through menus, price lists or other methods adopted in the provision of such services.

The procedure for the provision of catering services established by the Rules

The conditions for the provision of a service, including its price, are established the same for all consumers, except for cases where federal law and other legal acts of the Russian Federation allow the provision of benefits for certain categories of consumers.
A preliminary order for the provision of a service can be issued by drawing up a document (order, receipt and other types) containing the necessary information (name of the contractor, last name, first name and patronymic of the consumer, type of service, its price and terms of payment, date of acceptance and execution of the order, conditions the performance of the service, the responsibility of the parties, the position of the person responsible for receiving and placing the order, the signature of the person who accepted the order, and other information), as well as by placing an order by telephone, electronic or other communication.
One copy of the document confirming the conclusion of the contract for the provision of services is issued to the consumer.
The contractor is obliged to provide the consumer with services within the time period agreed with the consumer.
The Contractor has the right to offer the consumer an advance payment for services, payment after the selection of dishes or after eating, or other forms of payment, as well as cash or non-cash payment for the services provided, depending on the method of service, type, specialization of the contractor and other conditions.
Along with the provision of public catering services, the contractor has the right to offer the consumer other paid services.
Also, when starting a business activity, a cafe is required to send a notification to Rospotrebnadzor about the start of business activity ( Decree of the Government of the Russian Federation of July 16, 2009 No. 584 “On the notification procedure for the commencement of certain types of entrepreneurial activity”).

Requirements for employees of a catering enterprise

The requirements for employees are established by the Rules: employees who have undergone special training, certification and medical examinations in accordance with the mandatory requirements of regulatory documents are allowed to provide services directly related to the production of public catering products and customer service.

Such employees, in particular, include cooks, waiters, storekeepers, table cleaners, etc.

Medical examination requirements are included in Art. 213 of the Labor Code of the Russian Federation, in paragraph 1 of Art. 23 of Federal Law No. 29-FZ, Order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n, clause 13.1 of SP 2.3.6.1079-01.2.3.6 "Sanitary rules for catering establishments". Professional hygienic training and certification are carried out in accordance with Order of the Ministry of Health of Russia dated June 29, 2000 No. 229.

According to Letter of Roskomtorg No. 1-952/32-9 dated July 11, 1995 “On certification of trade and public catering enterprises”

Labor contract;
Job description;
Medical book (examination is carried out at least once a year and upon employment). Data on the passage of medical examinations are subject to entry into personal medical books and accounting by medical and preventive organizations of the state and municipal health care systems, as well as by bodies exercising federal state sanitary and epidemiological supervision.
Personal medical card.
Documents confirming the conduct of special training and certification.

Persons entering work in a public catering organization undergo preliminary and periodic medical examinations upon admission, vocational hygienic training and certification in the prescribed manner.

Graduates of higher, secondary and special educational institutions during the first year after their graduation are allowed to work without undergoing hygienic training and certification in the prescribed manner.

For each employee, a personal medical book of the established form is entered, in which the results of medical examinations and laboratory tests, information on infectious diseases, a mark on the passage of hygienic training and certification are entered.

Employees of the organization are required to observe the following rules of personal hygiene:

For additional processing of hands, the use of skin antiseptics is possible. Every day before the start of the shift in the cold, hot and confectionery shops, as well as in organizations that produce soft ice cream, a health worker or other responsible persons examine the exposed surfaces of the body of workers for the presence of pustular diseases, as well as workers involved in the preparation, portioning and serving of dishes, their distribution. Persons with pustular skin diseases, festering cuts, burns, abrasions, as well as catarrhs of the upper respiratory tract are not allowed to work in these workshops.
Each organization should have a first aid kit with a set of medicines for first aid.
Students of secondary general education schools, vocational schools, students of special educational institutions and technical schools, before undergoing work experience in an organization and its network, must undergo a medical examination and hygiene training in the prescribed manner.
Locksmiths, electricians and other workers engaged in repair work in production and storage facilities work in workshops in clean sanitary (or special) clothing, carry tools in special closed boxes. During the work, the exclusion of contamination of raw materials, semi-finished products and finished products should be ensured.

Employees of a public catering enterprise are prohibited from:

leave outerwear, shoes, headgear, personal items in the dressing room;
before starting work, wash your hands thoroughly with soap and water, put on clean sanitary clothes, pick up your hair under a cap or scarf or put on a special hairnet;
work in clean sanitary clothing, change it as it gets dirty;
when visiting the toilet, take off sanitary clothing in a specially designated place, after visiting the toilet, wash your hands thoroughly with soap and water;
if there are signs of a cold or intestinal dysfunction, as well as suppuration, cuts, burns, inform the administration and contact a medical institution for treatment;
report all cases of intestinal infections in the employee's family;
when preparing dishes, culinary products and confectionery products, remove jewelry, watches and other breakable objects, cut nails short and do not varnish them, do not fasten overalls with pins;
do not smoke or eat at the workplace (eating and smoking are allowed in a specially designated room or place).

Requirements for the restaurant premises:

The legislation does not contain any requirements for the area of premises for carrying out activities in the field of public catering.
Activities can be carried out in premises owned or leased. If it is planned to sell alcoholic products, then the lease agreement must be concluded for a period of at least one year (such an agreement is subject to state registration).
Placement of organizations, provision of land plots, approval of project documentation for construction and reconstruction, commissioning is allowed if there is a sanitary and epidemiological conclusion on their compliance with sanitary rules and norms.
Organizations can be located both in a separate building and in an attached, built-in attached to residential and public buildings, in non-residential floors of residential buildings, in public buildings, as well as on the territory of industrial and other facilities for servicing working personnel. At the same time, the conditions of living, rest, treatment, and work of people should not worsen.
Organizations located in residential buildings should have entrances isolated from the residential part of the building. Reception of food raw materials and foodstuffs from the courtyard of a residential building, where windows and entrances to apartments are located, is not allowed. Loading should be carried out from the ends of residential buildings that do not have windows, from underground tunnels on the side of highways in the presence of special loading rooms.
For the collection of garbage and food waste on the territory, separate containers with lids should be provided, installed on hard-surfaced sites, the dimensions of which exceed the base area of the containers by 1 m in all directions.
It is allowed to use other special closed structures for collecting garbage and food waste.
Garbage bins are cleaned when filling no more than 2/3 of their volume, after which they are cleaned and disinfected using products authorized by the bodies and institutions of the State Sanitary and Epidemiological Service in the prescribed manner.
The waste collection site is located at a distance of at least 25 m from residential buildings, playgrounds and recreation areas.
Organizations, regardless of ownership, capacity, location, are equipped with internal water supply and sewerage systems.
Organizations are supplied with water by connecting to a centralized water supply system; in its absence, an internal water supply system is equipped with water intake from an artesian well, wells, and cappings.
Sources of water supply for newly built, reconstructed and operating enterprises, stand-alone stand-alone hot water supply devices with wiring through the system must meet the requirements of the relevant sanitary rules.
All production workshops are equipped with sinks with hot and cold water supply. At the same time, such designs of mixers should be provided that exclude re-contamination of hands after washing.
Hot and cold water is supplied to all wash basins and sinks with faucets installed, as well as, if necessary, to technological equipment.
The hot water temperature at the tapping point must be at least 65°C.
the safety of life and health of consumers, the safety of property must be ensured;
have convenient access roads and pedestrian access to the entrance, the necessary reference and information signs;
the territory adjacent to the enterprise must be landscaped and lit at night;
Catering establishments should be provided with emergency exits, stairs, instructions on what to do in an emergency, as well as clearly visible information signs that provide consumers with free orientation in both normal and emergency situations;
When placing catering establishments in residential buildings, their premises must comply with the requirements of building regulations for noise, vibration and sound insulation requirements according to GOST 30494 and . Public catering establishments occupying part of a RESIDENTIAL building must be equipped with a separate entrance (exit);

Public catering establishments of all types are obliged in a clear and accessible form to bring to the attention of consumers the necessary and reliable information about the services provided, enabling them to make the right choice, including: the company name (name) of their organization, its location (address), type, class and mode of operation, placing the specified information on a signboard and in other places convenient for consumers to familiarize themselves;
At catering establishments under construction and reconstructed for serving the disabled, inclined ramps at the entrance doors for the passage of wheelchairs, elevators, platforms for turning wheelchairs in the halls, specially equipped toilet rooms in accordance with current building codes and rules should be provided;
At public catering enterprises, the style unity of the interior of the hall, furniture and table setting should be ensured, or the specialization of the public catering enterprise (thematic or national focus) should be reflected.
For hot water networks, materials are used that can withstand temperatures above 65 ° C.
It is forbidden to use hot water from the water heating system for technological, household purposes, as well as processing of technological equipment, containers, inventory and premises.
Organizations are prohibited from using imported water.
In the absence of hot or cold water, the organization suspends its work.
The device of the sewerage system of organizations must comply with the requirements of the current building codes for sewerage, external networks and structures, internal water supply and sewerage of buildings, as well as the requirements of these Rules.
The discharge of industrial and domestic wastewater is carried out to the system of centralized sewage treatment facilities, in their absence, to the system of local sewage treatment facilities must meet the requirements of the relevant sanitary rules. (As amended by Amendment No. 2, approved by Decree of the Chief State Sanitary Doctor of the Russian Federation of 03.05.2007 N 25)
The internal sewerage system for industrial and domestic wastewater should be separate, with independent discharges into the on-site sewerage network.
The level of release of industrial effluents is equipped above the level of release of household and fecal effluents.
Premises with the presence of drains, washing baths, sinks, toilet bowls are not located below the level of on-site sewerage adjacent to the food facility.
Horizontal sewerage outlets from all industrial premises, regardless of the number of sanitary devices, have pipe cleaning devices.
At the end sections of the horizontal sewer outlets, "breathing" risers are arranged to eliminate the suction effect during salvo discharges of wastewater from the equipment.
Production equipment and washing baths are connected to the sewerage network with an air gap of at least 20 mm from the top of the intake funnel. All internal sewage receivers have hydraulic closures (siphons).
Discharge into open water bodies and the adjacent territory of untreated sewage, as well as the installation of absorbing wells, is not allowed.
The laying of internal sewer networks with domestic and industrial wastewater is not carried out under the ceiling of dining rooms, production and storage facilities of organizations. Sewer risers with industrial effluents are allowed to be laid in production and storage facilities in plastered boxes without revisions.
Household sewage risers from the upper floors of residential buildings and buildings for other purposes are allowed to be laid only in technological channels (horizontal, vertical).
Sewer risers are not laid in dining rooms, production and storage facilities.

General requirements for catering establishments are regulated by the GOST R 50762-95 standard.

Public catering enterprises of any type and class must ensure the safety of life and health of consumers and the safety of their property, subject to the "Rules for the production and sale of public catering products", approved by Decree of the Government of the Russian Federation of 13.04.93 N 332, sanitary and technological norms and rules, as well as fire and electrical safety requirements.

At catering establishments, the requirements of regulatory documents on the safety of services must be met:

sanitary and hygienic and technological requirements SanPiN 42-123-5777, SanPiN 42-123-4117, collections of recipes for dishes and culinary products;

requirements for the safety of food raw materials and products - in accordance with the requirements of the MBT 5061;

for environmental safety - SanPiN 42-123-5777, SNiP 2.08.02;

for fire safety - GOST 12.1.004;

on electrical safety - SNiP 11-4.

Public catering establishments of any type should have convenient access roads and pedestrian access to the entrance, the necessary reference and information signs. The territory adjacent to the enterprise should have artificial lighting in the evening.

On the territory adjacent to the enterprise and accessible to consumers, it is not allowed: carrying out loading and unloading operations; container storage; placement of containers with garbage; burning garbage, empty containers, waste. Sites with waste bins should be at least 20 m away from windows and doors of the premises of the enterprise.

The architectural and planning solution and structural elements of the building, the technical equipment used must comply with SNiP 2.08.02. The facility should have emergency exits, stairs, emergency instructions, a public address system, and fire protection equipment.

Enterprises of all types and classes must be equipped with engineering systems and equipment that provide the necessary level of comfort, including: hot and cold water supply, sewerage, heating, ventilation, radio and telephone communications.

The entrance to the enterprise must ensure the simultaneous movement of two counter flows of consumers to the entrance and exit. In enterprises with more than 50 seats in the halls, separate entrances and stairs for consumers and staff should be provided. The enterprise must have a sign indicating its type, class, forms of organization of its activities, company name, legal entity (location of the owner), information about the mode of operation, about the services provided.

In enterprises under construction and reconstructed to serve the disabled, inclined ramps at the entrance doors for the passage of wheelchairs, elevators, platforms for turning a wheelchair in the hall, and specially equipped toilets should be provided.

11. Fixed assets of the enterprise.

Fixed assets are means of labor that repeatedly participate in the production process, while maintaining their natural form, gradually wearing out, transferring their value in parts to newly created products. These include funds with a service life of more than one year and a cost of more than 100 minimum monthly wages. Fixed assets are divided into production and non-production assets.

Production assets are involved in the process of manufacturing products or providing services (machines, machines, devices, transmission devices, etc.).

Non-productive fixed assets do not participate in the process of creating products (residential buildings, kindergartens, clubs, stadiums, clinics, sanatoriums, etc.).

The following groups and subgroups of fixed production assets are distinguished:

Buildings (architectural and construction objects for industrial purposes: workshop buildings, warehouses, production laboratories, etc.).

Structures (engineering and construction facilities that create conditions for the implementation of the production process: tunnels, flyovers, roads, chimneys on a separate foundation, etc.).

Transmission devices (devices for the transmission of electricity, liquid and gaseous substances: electrical networks, heating networks, gas networks, transmissions, etc.).

Machinery and equipment (power machines and equipment, working machines and equipment, measuring and control instruments and devices, computer technology, automatic machines, other machines and equipment, etc.).

Vehicles (diesel locomotives, wagons, cars, motorcycles, carts, carts, etc., except for conveyors and conveyors included in the production equipment).

Tools (cutting, impact, pressing, sealing, as well as various devices for fastening, mounting, etc.), except for special tools and special equipment.

Production equipment and accessories (items to facilitate the performance of production operations: work tables, workbenches, fences, fans, containers, racks, etc.).

Household inventory (office and household items: tables, cabinets, hangers, typewriters, safes, copying machines, etc.).

Other fixed assets. This group includes library collections, museum valuables, etc.

The subject of state regulation of the sphere of public catering is the state, public organizations, legislative bodies, the object is economic, organizational and managerial relations in the field of public catering at the level of business entities in the form of catering enterprises. Between the subject and the object there is a direct and feedback relationship, the regulation of which can be represented as an integral and functioning system. With the help of a direct connection, a purposeful influence of the state on the object is carried out. In turn, the feedback, manifested in the restructuring, modernization of previously implemented technical solutions of enterprises, has an impact on the country's economy. The presence of direct and feedback constitutes the system of the regulatory mechanism. The system of state regulation of the sphere of public catering has its own goals, objectives, principles, functions, forms, tools, methods and connections. State regulation is manifested through a system of methods for regulating direct and indirect effects. Direct methods include methods of administrative and legal influence on subjects: regulation of the rules for the provision of services, licensing, establishment of the minimum size of the authorized capital of catering enterprises, management of state property, strategic planning. Direct methods involve state intervention in the functioning of the market mechanism, in particular, in pricing processes, income policy (freezing or allowing a certain amount of price and wage growth, limiting changes in indicators in the monetary system, etc.).

The transition to a market economy in our country has radically changed the content and essence of economic relations between the participants in the course of their activities, while their legal regulation undergoes a fundamental change. Legal methods of state regulation of public catering are designed to provide a solid legal basis for the activities of catering enterprises. The state carries out its regulation on the basis of normative legal acts that establish the structure of state regulatory bodies for the service sector, the legal status of public catering enterprises, the procedure for concluding and executing business contracts, the legal protection of property, the procedure for resolving disputes of catering enterprises, the rules for the provision of services, consumer protection, formation and regulation of certain issues of the contract system, issues related to the ethical side of catering, etc.

State regulation of catering enterprises is based on the provisions of the Constitution of the Russian Federation - the highest legal act of the state. All regulatory legal acts related to the regulation of public catering must comply with the constitutional principles and principles. With regard to the functioning of catering enterprises, the legislation of the Russian Federation should be divided into general (providing for state regulation of certain aspects of the economy) and special (state impact on the public catering sector).

First of all, the Civil Code of the Russian Federation, which puts state regulation of market relations in a clear legal framework, should be attributed to legislative acts of general regulation. Special legal regulation of public catering is contained in decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, acts of federal ministries and departments issued in pursuance of federal laws, as well as resolutions, regulatory legal acts, instructions of state authorities of the subjects of the Russian Federation. The legislative level of regulation of public catering to a certain extent is represented by the laws of the Russian Federation of February 7, 1992 No. 2300-I "On the Protection of Consumer Rights" with amendments and additions of January 9, 1996; dated June 14, 1995 No. 88-FZ "On State Support for Small Business in the Russian Federation"; dated March 13, 2006 No. 38-FZ "On Advertising"; dated January 7, 1999 No. 18-FZ “On the Introduction of Amendments and Additions to the Federal Law “On State Regulation of the Production and Turnover of Ethyl Alcohol and Alcoholic Products”; dated January 2, 2000 No. 29-FZ "On the quality and safety of food products", etc.

The federal law "On Advertising" regulates relations arising in the process of production, placement and distribution of advertising in the service sector. It is aimed at forming an integral system of regulation of advertising activities in the interests of developing civilized market relations, maintaining fair competition, and protecting consumer rights. The Law "On Consumer Protection" grants the right to the subjects of the Russian Federation to establish their own provisions in the field of consumer protection that do not contradict the main legislation.

The Federal Law “On Amendments and Additions to the Federal Law “On State Regulation of Production” and turnover of ethyl alcohol and alcoholic products. It should be noted that the adopted federal laws and regulations are often difficult to put into practice. Sometimes one law, adopted as an addition to another, may contradict it.

It should be noted that the legal support for the activities of catering enterprises currently does not have a single regulatory legal act at the level of law that would cover a complex set of relations in this area. In addition, an important role in the consumer market is played by the control and regulatory function of the state regulation system. In a market economy, the role of the state is primarily to establish the "rules of the game", determine the strategic directions of development, maintain the normal functioning of regulatory mechanisms, and not to clearly regulate the activities of enterprises.

The very concept of "mechanism", which comes from the Greek mechane - machine, means a system, a device that determines the order of any type of activity. Consequently, one of the components of this function in a market economy is to ensure the procedure for carrying out activities in the process of production, distribution and redistribution of the total social and national

income. The system of organizational and economic relations covers the relations that develop in the process of organizing integrated labor, relations for the exchange of activities and management relations.

The principles of the mechanism for regulating the sphere of public catering must be correlated with those priorities that need to be paid attention in the first place. The following can be considered as social priorities of state regulation of public catering:

Formation of the consumer market;

Ensuring the sustainability of the functioning of catering enterprises as the most important factor in regional economic security;

Changing the strategy of scientific, technical, information development;

Implementation of a comprehensive system of measures to increase the investment attractiveness of enterprises, the creation of favorable conditions for the inflow of investments through the inclusion of market mechanisms of regulation.

An important general function of the regulatory mechanism is strategic planning. Sometimes economists call it planning and forecasting. “Strategic planning,” as economist V. Leontiev noted, “is aimed at obtaining internally consistent descriptions of various states in which the economy can

appear after applying alternative combinations of various economic policies”.

An obligatory function is an organizational one, which ensures a systematic approach to the implementation of reforms, the integrity of the state economic policy.

The functions of state regulation of the sphere of public catering are closely related to the forms (instruments) of its regulation:

institutional, program, monetary, tax, price, etc.

Contractual institutions act as integrating regulators in public catering. The role of individual institutions is considered in detail by JK Lafta.

The necessary form of regulation is software. Forecasts of the socio-economic development of the regions, the Concept for the Development of Public Catering, the Comprehensive Program of Scientific and Technical Progress of the Central Chernozem Region for 1991–2010, the privatization program, etc. can serve as this form. Two aspects are most important in state regulation of a market economy.

The first aspect is regulation, a set of rules and restrictions on market activity. It is carried out through state planning, the publication of regulatory legal acts by the government. The development of a system of rules of economic behavior for all participants in the economic process is necessary to provide its objects with independence in entrepreneurial activity.

The second aspect is the state influence on the market through the withdrawal of part of the profits, income through the taxation system and other payments to the budgets. By distributing funds in the interests of national needs, the state implements its financial policy and influences the market. In the system of state regulation of public catering, among the general functions, the creation of economic and legal conditions for the functioning of the regulatory mechanism can be considered the most important. As you know, the market economy objectively implies high management efficiency due to the competent use of its

laws, principles, methods. The transition from administrative-planning methods to economic ones in relation to market relations, carried out in the modern conditions of the country, has led to a sharp increase in the volume of legislative provisions intended to regulate the public catering sector.

State and legal regulation of the activities of catering enterprises.

State regulation of public catering is the intervention of the state system in the functioning of enterprises, the impact on their economy through administrative and economic methods.

Administrative methods are understood as the actions of the executive power, the control lever of which is legislative and regulatory acts. Economic regulation is carried out through monetary, monetary, fiscal and other control levers.

The regulation of the quality of public catering services and relations between economic entities and the state is based on legislative and regulatory acts that determine the rights and obligations of the parties. The basis for the development of documents is the Civil Code of the Russian Federation and the Federal Law "On Protection of Consumer Rights".

A market economy involves state regulation, which is understood as a complex system of measures carried out by the state to create prerequisites for the effective development of a market economy.

The experience of the world market economy shows that modern market relations in almost any country are regulated by state legislation. It is not yet possible to rely solely on market structures.

The state uses for regulation:

Economic legislation (assessment of the interests of people and the country from major failures and abuses in the economy). At the same time, it is unthinkable to try to regulate the innumerable variety of phenomena and processes that occur annually in the country's economy with the help of laws.

Legislation and the bodies for its implementation are obliged to impose certain restrictions on economic structures in their actions that are detrimental to the country and individuals.

The impact of the state differs in methods, objects, areas of activity and is carried out in the following areas:

1. Regulation of monetary circulation through budgetary, monetary and tax policy.

2. Regulator of the proportions of reproduction and structural development of the economy.

3. Development of a system of priority targeted programs to achieve the key priorities of the state of the economy or department of its industries and directions.

4. Establishment of social, humanitarian, economic norms

5. Regulation of prices and tariffs for certain goods and services (housing and communal services)

6. Introduction of quality standards for goods and services

7. Determining the requirements for statistical, accounting and other information provided by economic entities to state bodies.

Methods of state regulation of the market:

1. Legal. The forms of market relations are applied - antimonopoly legislation, the procedure for organizing exchanges, the rules for mandatory certification of products and services.

2. Financial and economic. Taxes, tax breaks, loans, subsidies, government programs.

3. Social. Minimum wages and pensions are set.

These methods can be divided into:

1. Direct. National programs to influence macroeconomic proportions and restructuring of the economy - government orders, subsidies, subventions.

2. Indirect. Financial policy, tax policy, terms and directions of lending, regulation of foreign economic activity through tariffs, duties, licensing.

The state carries out regulation on the basis of democratization and decentralization of functions with the transfer of many powers to regulate the market economy to the regional levels.

Goals of certification:

Creation of conditions for the activity of the enterprise in the single commodity market

Helping consumers make competent product choices

Protecting the consumer from an unscrupulous manufacturer

Control of product safety for the environment, life, property

Confirmation of product quality indicators declared by the manufacturer

GOST 50763-95. Culinary products, sale to the population.

GOST Classification of enterprises - GOST Services OP - SanPin

Storage conditions for perishable products - Sanitary requirements for POP - Sanitary rules for the use of food additives

Collections of technological standards (recipes of dishes, cuisines of the peoples of the world, recipes for diet food, recipes for bread and bakery products, recipes for gingerbread and cookies)

Enterprise standards - Specifications TU - Technological maps

These documents guarantee compliance with recipes and technological processes. Not only employees, but also visitors should be familiar with the rules for the provision of services.

Public catering entities are legal entities of various organizational and legal forms engaged in trading activities (trading organizations), associations of trading organizations, as well as citizens engaged in trading activities (individual entrepreneurs).

Assuming the obligation to provide public catering services, the trading entity is obliged to comply with the mandatory requirements for the quality of services, their safety for life, human health, the environment and property.

The assortment list of manufactured catering products, as well as the list of services provided, is determined by the contractor independently, but in agreement with organizations that control the conditions for the provision of services and their implementation. In places where services are provided, the owner has the right to establish rules of conduct for consumers that do not contradict the current legislation (restriction or prohibition of smoking, being in outerwear, etc.).

When providing catering services, the contractor must bring to the attention of the consumer the following information, placed in places convenient for familiarization:

· the enterprise where the services are provided must have a sign indicating the full information about the enterprise and the owner;

· for individual entrepreneurs, it is obligatory to have information on state registration and the name of the body that registered it;

information about the number, validity period of the license and the authority that issued it;

complete data on the services provided, ensuring the possibility of their correct choice (list of services and conditions for their provision, prices and terms of payment for services, etc.);

information about the certification of services;

information about products and technology of production of own production, purchased goods;

· Other additional information at the request of the consumer, if it is not a trade secret.

A consumer of public catering services is anyone, and the conditions for their provision, including the price, are set the same for everyone. However, federal laws and legal acts of the state allow the provision of benefits to certain categories of consumers. The list of categories of citizens and the benefits and benefits provided are determined by the regulations of the Russian Federation and local authorities within the boundaries of their influence.

Particular attention is paid to the quality of purchased goods and food products and goods used in public catering for the preparation of products of own production and sold to the consumer.

The quality of food products is defined as the totality of their characteristics that can satisfy human needs for food under normal conditions of their use.

The quality and safety of food products are regulated by a special federal law, state standards, sanitary and veterinary norms and rules that establish requirements for the quality and safety of products, materials and products, control over their quality and safety, conditions for their manufacture, transportation, storage and use, disposal or destruction of low-quality, hazardous food products, materials and products.

Quality and safety control is carried out in relation to the following food products used in public catering:

Food products in general (natural or processed foods, food, water, etc.);

baby food products (intended for the nutrition of children under the age of 14 and meet the physiological needs of the child's body);

dietary food products (intended for therapeutic and preventive nutrition);

food raw materials used for the manufacture of food products;

food additives and their compounds introduced into food products during the manufacturing process in order to impart certain properties to food products and (or) to maintain the quality of food products;

biologically active additives intended for consumption simultaneously with food or introduced into food products;

Materials and products in contact with food products (packaging, technological equipment, instruments and devices, containers, dishes, cutlery).

Violation of the rules for the provision of public catering services in any part of it can lead to serious consequences, up to the deprivation of the owner's right to conduct commercial activities.