On the cessation of production activities in a residential building. Rospotrebnadzor allowed to open bakeries at home

27.05.2017 Valeriy

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Benefits of home baking
Perspective and development

Baking bread and delivering it to customers is a fairly profitable business. Anyone who loves to eat delicious food, but, unfortunately, does not know how, or is not eager to bake bread, can easily turn to those who bake homemade bread for help (this work requires maximum concentration, considerable culinary skills, and experience) and can deliver it to the client’s home while still hot.

No meal can be complete without bread, it is so unique. It has various properties and richness of taste. Order fresh, healthy, delicious bread delivered to your home - a wonderful solution for those who care about their diet in particular and their health in general.

Benefits of home baking

Moreover, the technology for baking bread today is very far from ideal, store-bought bread is almost tasteless, goes stale the very next day, in a word, it is not the best option for the average person, and is generally not acceptable, as such, for gourmets. In addition, you still have to go to the store to get it, wasting your time, but here everything is fast, high-quality and tasty. This is exactly what the homemade bread baking business is focused on.

So, if you are the happy owner of the wonderful art of baking, you have recipes that you inherited, say, from your great-grandmother, then you have absolutely every chance of becoming a successful founder of such a production. Even without leaving your apartment, with the help of a mini-bakery, you can earn quite good money, and if you acquire a sufficient number of regular customers, which means making production profitability as stable as possible, you can think about expanding the boundaries of your bakery business.

Perspective and development

A mini-bakery at home will be a catalyst for you to grow your culinary abilities and, most importantly, your opportunities. Over time, you can raise enough money to open your own bakery or even a real bakery.

In order for your bakery to operate continuously and at maximum efficiency, it is necessary to establish relationships with factories that produce the components necessary for your work. Because the lower the cost of these ingredients, the higher your profit will be. It is necessary to stabilize and make the production-sales ratio as optimal as possible so that the client always receives his bread still warm (if not hot) and in the shortest possible time - this will be a prerequisite for development and prosperity

DECISION 2-3991/10

IN THE NAME OF THE RUSSIAN FEDERATION

Taganrog City Court of the Rostov Region, consisting of:

Presiding judge: Mosunova O.L.

Under the secretary: Golovchuk N.V.

Having considered in open court the civil case filed by O.S. Selyanina. to about termination production activities in a residential building located at the address: ..., recognition of illegal reconstruction, the obligation to bring the house to its original condition, compensation for moral damage,

U S T A N O V I L:

Selyanina O.G. filed a lawsuit against Bone LLC, in support of her claims, she indicated that she lives in apartment No. in a nine-story residential building at the address..., on the ground floor of which there is a bakery owned by. The location of this object in the built-in and attached premises of a residential building is contrary to sanitary standards, namely SanPiN 2.3.4.545-96, introduced on September 25, 1996 by Resolution No. 20 of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation, clause 3.2.2. which established that “Baking and confectionery enterprises under construction or design must be located in relation to residential buildings at a distance of at least 50 m (sanitary protection zone of class 5).” The production is located directly in a residential building. Clause 3.8.2. This SanPiN allows “The placement of low-power enterprises with maximum permissible productivity is permitted only in separate buildings. For bakeries and workshops for the production of: bread and bakery products - no more than 1t/day; confectionery products without cream - up to 500 kg/day; confectionery products with cream - no more than 300 kg/day, placement in premises is allowed, in agreement with the state sanitary and epidemiological authorities (provided there is no harmful effect on residents), attached to residential and other buildings, built-in and attached to buildings for other purposes and to residential buildings, as well as built-in to non-residential buildings (administrative, industrial, commercial, etc.).”

The volume of products produced by BONE LLC significantly exceeds one ton; according to media reports, it occupies a significant share of the confectionery and bakery products market in Taganrog and the Rostov region. The placement of such objects in residential buildings cannot be permitted even if there is no harmful impact on the residents of the residential building.

Since its creation, Bone LLC has grown greatly, increasing its production area and production volume. At the same time, he did not agree with the State Sanitary and Epidemiological Supervision authorities on the reconstruction of production, as can be seen from the descriptive part of the Decision of the Taganrog City Court dated 02/05/2010: “Boun LLC” on 12/30/09 at 12.00 in the bakery of Boun LLC, located at .Taganrog, st. Syzranova, 24 committed a violation of legislation in the field of ensuring sanitary and epidemiological well-being. Namely, during the inspection, production premises were identified and redesigned, additional refrigeration equipment and technological equipment were installed that were a source of noise, dust, and gas. Production workshops are equipped with additional supply and exhaust ventilation systems. The redevelopment of the bakery has not been agreed upon with the territorial department of the Rospotrebnadzor Administration.”

The significant increase in production volume was also confirmed by the response of the First Deputy Head of the Taganrog Administration A.F. Kuryanov. dated 04/10/08, in which he indicated that “Since the opening of the enterprise, production volumes at the mini-bakery of Bone LLC have increased significantly and the production space has become insufficient...”. In May 2010, the Taganrog media disseminated information that, according to information from the First Deputy Head of the Taganrog Administration A. Kuryanov, the share of BOWN LLC in the production of bakery products in Taganrog is now 22.5%.

Back on September 26, 2007, by Resolution of the Head of Administration No. 3467, Bone LLC was allocated a plot of land for the transfer of production to a separate building. In accordance with the above-mentioned answer of Kuryanov A.F. “According to the letter of guarantee provided by the management of Bone LLC, construction of the production building will begin in 2008 and by the end of the year the bakery will be gradually moved to a new territory.” This area is located at...

In accordance with Article 1 of Federal Law No. 52-FZ of March 30, 1999 “On the sanitary and epidemiological well-being of the population”, “the sanitary and epidemiological well-being of the population is the state of health of the population, the human environment, in which there is no harmful impact of environmental factors on humans and favorable conditions for his life are provided; the human habitat (hereinafter referred to as the habitat) is a set of objects, phenomena and factors of the surrounding (natural and artificial) environment that determine the conditions of human life; favorable conditions for human life - a state of the environment in which there is no harmful effect of its factors on humans (harmless conditions) and there are opportunities for restoring impaired functions of the human body; The conditions in which she has to live are not harmless, safe and prosperous.

In accordance with Part 2 of Article 2 of the same law “Bodies state power and local governments, organizations of all forms of ownership, individual entrepreneurs, citizens ensure compliance with legal requirements Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population at their own expense.” Consequently, a favorable environmental (natural) environment is conceptually included in a favorable living environment to the extent that it is related to human living conditions. 000 “Bone” does not comply with this legal requirement, continuing to negatively impact the living environment of the residents of the house...

Since the guilt of Bone LLC was confirmed by the effective court decision of the Taganrog City Court dated 02/05/2010, by which it was administratively fined 10,000 rubles for violations, the fact that the redevelopment was not approved by Rospotrebnadzor was also reflected in this judicial act, the volume product output exceeds the permissible limit, the operation of production at the address... is carried out by Bone LLC in violation of the requirements of SanPiN 2.3.4.545-96 and this activity is subject to termination in court.

The summer season has arrived, when residents of the house are forced, due to the heat, to sleep with the windows open and all day and all night to listen to the mechanical clang of devices used in the production of Bone LLC and inhale all the aromas that accompany it. The preservation of the production of Bone LLC in a residential building... considers it illegal, violating the rights of the residents of the house and, in particular, the rights of O.S. Selyanina. to a favorable living environment.

Under existing conditions, it is necessary to immediately cease the production activities of BONE LLC in a residential building located at the address: ....

In accordance with Art. 11 LC “RF Protection of violated housing rights is carried out by the court in accordance with the jurisdiction of cases established by procedural legislation... Protection of housing rights is carried out by: restoring the situation that existed before the violation of housing rights, and suppressing actions that violate this right or create a threat of its violation” .

Before the creation of the Bone LLC bakery, which was misunderstoodly called a “low-capacity enterprise,” there was a store in this premises. He believes that Bone LLC should restore the building to its original form and repurpose the premises from industrial to retail, ceasing to cause disturbance to the residents of the building.

In accordance with Article 52 of Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection” “In order to protect human living conditions, the habitat of plants, animals and other organisms around industrial zones and objects of economic and other activities that provide negative impact on environment, protective and buffer zones are created, including sanitary protection zones, in neighborhoods, microdistricts of urban and rural settlements - territories, green zones, forested areas and other zones with limited environmental management regimes. The procedure for establishing and creating protective and security zones is regulated by law.”

Sanitary protection zones are established by SanPiN 2.2.1/2.1.1.1200-03, introduced by Resolution No. 38 of April 10, 2003 by the Decree of the Chief State Sanitary Doctor of the Russian Federation.

In accordance with clause 2.18 “The dimensions of sanitary protection zones can be changed for enterprises of classes I and II - by decision of the Chief State Sanitary Doctor of the Russian Federation or his deputy, for enterprises of classes III, IV and V - by decision of the Chief State Sanitary Doctor of the subject Russian Federation or his deputy." Bone LLC does not have such a solution. According to the Decision of the Taganrog City Court dated 02/05/2010: “The redevelopment of the bakery was not agreed upon with the territorial department of the Rospotrebnadzor Administration.”

In accordance with clause 2.30. “The placement of facilities for human habitation is not allowed in the sanitary protection zone. The SPZ or any part thereof cannot be considered as a reserve territory of the facility and used for the expansion of industrial or residential territory without appropriate justified adjustment of the boundaries of the SPZ.” Within a 50-meter zone from the Bone LLC bakery there are all apartments in the building..., as well as three other residential buildings.

Small enterprises and low-capacity workshops: meat processing up to 5 tons/day, milk - up to 10 tons/day, production of bread and bakery products - up to 2.5 tons/day, fish - up to 10 tons/day, confectionery production enterprises products up to 0.5 t/day belong to class V (sanitary protection zone 50 meters); confectionery factories, enterprises with a productivity of more than 0.5 tons/day, bakeries and bakeries with a productivity of more than 2.5 tons/day belong to class IV (sanitary protection zone of 100 meters).

There is no sanitary protection zone at all between the Bone LLC bakery and the residential premises of the house; the gap to the nearest residential buildings is less than 50 meters. The sanitary protection zone established for this type of production is 100 meters.

Bone LLC carried out reconstruction, adding a number of industrial premises to the house, for which part of the local area was removed. Thus, the area of the land plot that belonged to all the owners of the premises of the house was reduced, including O.S. Selyanina, who did not give consent to the reconstruction, although such reconstruction is possible only with the consent of all owners. She does not know whether this question to the general meeting of owners of premises of an apartment building...

Bone LLC has appropriated the basement premises with all communications, which are the joint property of the owners of the premises of the residential building.... At the same time, Bone LLC is arbitrarily disconnecting cold water, about which residents are forced to complain to municipal authorities.

For many years now, the plaintiff has been experiencing moral distress and physical
suffering from the illegal activities of Bone LLC, corresponds with various authorities regarding excessive noise, unpleasant odors, loud sounds from operating equipment. She doesn't sleep well at night, especially in the summer with the windows open. Additional worries arose after Bone LLC filed a complaint against her statement of claim to the Rostov Arbitration Court, where the plaintiff claimed that she was lying and that his bakery did not have any harmful effects on her or her housemates.

Additional moral distress is caused to her and her neighbors by the way the regulatory and supervisory authorities carry out their functions of control and supervision. Before the arrival of specialists taking measurements, work at Bone LLC stops, as a result of which the measurement results do not reflect the real picture, but serve as an excuse for Bone LLC. Since all these measurement results are carried out in the interests of Bone LLC, evidence of the inconvenience caused by Bone LLC to the residents of the house will be proven by the testimony of residents.

Taking into account the fact that the violation of rights and the infliction of moral harm by the plaintiff is carried out long time, for more than 12 years, believes the amount of 150,000 (one hundred and fifty thousand) rubles is quite justified. In fact, it’s only about 35 rubles a day for “life on a volcano.”

At the court hearing O.S. Selyanina and its representative Ponomarev A.V. the claims were supported and the claim was satisfied. At the same time, the court was informed that all residents of the house are against the work of the bakery, all inspections carried out by regulatory organizations are carried out with prior notification to Bone LLC, and therefore all measurements are made without taking into account the full capacity of Bone LLC.

Representatives of Bone LLC objected to the claim, and the court was also informed that all reconstruction of non-residential premises is legal, as evidenced by state registration of rights. The court was also informed that Bone LLC has no more than 25 Gazelle vehicles with a carrying capacity of up to 3.5 tons. for transportation of bakery and confectionery products, raw materials. At the address... for baking there are four industrial gas ovens with a capacity of up to 2 tons of products per day each, 2 similar ovens in reserve. There is also an electric oven for baking confectionery products. The court was also informed that at the address... bakery products are produced up to 1 ton per day, confectionery products up to 500 kg. Most of the products are produced on rented premises and equipment at the address... ..., IP No. ---, the contract period is determined until December 25, 2010.

The representative of the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the Republic of Kazakhstan asked the court to make a decision at the discretion of the court, saying that Bone LLC does not have a Sanitary Protection Zone, and no decisions have been made to reduce the sanitary protection zone. When issuing the Sanitary and Epidemiological Certificate in 2006. no such zone was required.

Having listened to the persons involved in the case, examined the written materials of the case, materials of Administrative Case No., materials of the supervisory proceedings of the Taganrog Prosecutor's Office, the court considers that the claim is subject to partial satisfaction on the following grounds.

At the court hearing, it was indisputably established that at the address... there is a nine-story apartment building, on the ground floor of which there is a bakery and a confectionery shop of Bone LLC, and there is also a site for the purification and sale of purified drinking water on the premises. These circumstances are confirmed by the testimony of the parties, as well as copies of the Sanitary and Epidemiological Conclusions dated ---g. and from ---g.l.d. 39,40,100).

The placement of industrial production in residential buildings is not permitted. (Part 3). Based on the meaning of this norm, the placement of industrial production in residential buildings is prohibited. A production facility involves the placement of special equipment and devices for the production of products (in this case, a bakery). In production premises, as a rule, there are artificial ventilation, ovens special purpose. The operation of such units in a residential building makes it impossible for residents to live.

By virtue, evidence in the case is information obtained in the manner prescribed by law about the facts, on the basis of which the court establishes the presence or absence of circumstances justifying the demands and objections of the parties, as well as other circumstances that are important for the proper consideration and resolution of the case.

This information can be obtained from explanations of the parties and third parties, testimony of witnesses, written and material evidence, audio and video recordings, and expert opinions.

What's in the residential apartment building No. on the street ... there is an industrial production of bakery and confectionery products, there is a site for the additional purification and sale of purified drinking water; it was established beyond doubt at the court hearing.

So, according to the testimony of a representative of Bone LLC at the address... for baking there are four industrial gas ovens with a capacity of up to 2 tons of products per day each, 2 similar ovens in reserve. There is also an electric oven for baking confectionery products. According to the answer dated August 5, 2010. to the court request of Rostov Regional Gas Sales Company LLC, gas consumption of Bone LLC for the period from January to June 2010. amounted to: January - 48.73 thousand m3, February - 50.85 thousand m3, March 44.21 thousand m3, April - 45.91 thousand m3, May - 47.49 thousand m3, June 39.99 thousand m3.

As follows from the report of the Sanitary and Epidemiological Inspection as of March 3, 2006. The following technological equipment is installed in the bakery: flour sifter, dough mixing machine, divider, rounder, seamer, proofer, oven (not ovens). Baking products are carried out in baking cabinets. Bakery production capacity is up to 1000 kg. Bread and bakery products per day. Analyzing the data available in the Act dated March 3, 2006. The court is convinced that at the time of its preparation the bakery had one oven. At the time of consideration of the case, the Bone LLC bakery has four industrial gas ovens with a capacity of up to 2 tons of products per day each, and 2 similar ovens in reserve. Thus, the court is convinced that on the first floor apartment building There is an industrial production for baking bread and bakery products, more than 1000 kg. per day. The court is critical of the evidence presented by Bone LLC that up to 1000 kg of bread and bakery products are produced at the address... due to the fact that in 2006. the bakery had one oven, which is confirmed by the Act dated March 3, 2006, with a capacity of up to 1000 kg. per day, and at the time of consideration of the case there are 4 working ovens with a capacity of up to 2 tons per day, which also produce bread and bakery products up to 1000 kg. per day. These circumstances cause the court to be puzzled by the need to purchase and operate 4 ovens with a capacity of up to 2 tons of bread and bakery products per day to produce 1000 kg. products and bread in suiki.

Proof that, compared to the activities of 2006. Bone LLC has expanded significantly at..., and as a result, the output of products has increased:

Resolution of the Taganrog City Court dated 02/05/2010 imposing an administrative penalty against Bone LLC, where it was established that on 12/30/09. at 12.00 in the bakery of Bone LLC, located at... Bone LLC committed a violation of legislation in the field of ensuring sanitary and epidemiological well-being. Namely, during the inspection, production premises were identified and redesigned, additional refrigeration equipment and technological equipment were installed, which are a source of noise, dust, and gas. Production workshops are equipped with additional supply and exhaust ventilation systems. The redevelopment of the bakery was not agreed upon with the territorial department of the Rospotrebnadzor Office (case no.).

The presence of noises and odors from the bakery's activities is confirmed by appeals from residents of building no.... to various authorities over a long period of time. These circumstances are confirmed by the materials of the supervisory proceedings, requested by the court from the Taganrog Prosecutor's Office.

From the response of the First Deputy Head of the Taganrog Administration A.F. Kuryanov. from 04/10/08 Deputy of the City Duma from the 11th electoral district Shutov V.A. “Since the opening of the enterprise, production volumes at the mini-bakery of Bone LLC have increased significantly and the production space has become insufficient, the management of the enterprise in 2004. it was decided to build a new building and move the bakery to a separate building, and in 2007. Resolution of the Head of the Administration of Taganrog N3467 dated September 26, 2007. Bone LLC was allocated a plot of land at the address....

The court cannot accept the argument of the defendant’s representatives that the location of this object in the premises of a residential building does not contradict sanitary standards, namely SanPiN 2.3.4.545-96 due to the fact that these standards are advisory in nature, whereas Civil code The Russian Federation is a law of direct effect and the effect of Part 3 of Art. 288 regarding the prohibition of placing industrial production in residential buildings cannot be covered by the permit SanPiN 2.3.4.545-96.

The court also draws attention to the following circumstances, namely in accordance with Article 52 of Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection” in order to protect human living conditions, the habitat of plants, animals and other organisms around industrial zones and objects of economic and other activities that have a negative impact on the environment, protective and security zones are created, including sanitary protection zones, in blocks, microdistricts of urban and rural settlements - territories, green zones, forest park zones and other zones with limited regime of environmental management. The procedure for establishing and creating protective and security zones is regulated by law.

Sanitary protection zones are established by SanPiN 2.2.1/2.1.1.1200-03, introduced by Resolution No. 38 of April 10, 2003, by the Decree of the Chief State Sanitary Doctor of the Russian Federation, registered with the Ministry of Justice of the Russian Federation on April 29, 2003 N 4459 and were in effect at the time of issuance of the Sanitary Protection Zone. epidemiological conclusions from ---g. and from ---g. in relation to Bone LLC, as an enterprise producing bakery products. (clause 2.1. These requirements apply to the placement, design, construction and operation of newly built, reconstructed and existing enterprises, buildings and structures for industrial purposes, transport, communications, agriculture, energy, experimental production, public utilities, sports, trade, public catering, etc., which are sources of impact on the environment and human health.)

In accordance with clause 2.12. "For objects, their individual buildings and structures with technological processes that are sources of impact on the environment and human health, depending on the power, operating conditions, the nature and amount of pollutants released into the environment, noise created, vibration and other harmful physical factors, as well as taking into account the measures provided to reduce their adverse impact on the environment and human health, in accordance with the sanitary classification of enterprises, industries and facilities, the following dimensions of sanitary protection zones are established: first class enterprises - 1000 m; second class enterprises - 500 m; third class enterprises - 300 m; fourth class enterprises -100 m; fifth class enterprises - 50 m.”

At the court hearing it was established that Bone LLC does not have such a decision. According to the Decision of the Taganrog City Court dated 02/05/2010: “The redevelopment of the bakery was not agreed upon with the territorial department of the Rospotrebnadzor Administration.”

In accordance with clause 2.30. The placement of facilities for human habitation is not permitted in the Sanitary Protection Zone. The SPZ or any part thereof cannot be considered as a reserve territory of the facility and used for the expansion of industrial or residential territory without appropriate justified adjustment of the boundaries of the SPZ.” Within a 50-meter zone from the Bone LLC bakery there are all apartments in the Syzranova building, 24, as well as three other residential buildings, which was not disputed by the parties.

Analyzing the evidence collected in the case, the court believes that Bone LLC should be prohibited from carrying out production activities in a residential building located at the address: ....

According to copies of Certificates of state registration of rights from ---g., from ---g., from ---g. Bone LLC is the owner of industrial premises and non-residential premises located at... l.d. 41,42,43). The indicated premises are not unauthorized; the reconstruction and redevelopment of the premises were carried out without violation of SNiPA standards, which is confirmed by the Court Decision of March 7, 2006. and technical documentation sent by the BTI at the request of the court.

Thus, the claims regarding the recognition of the construction of production extensions by Bone LLC as illegal, as well as the recognition of reconstruction and redevelopment as illegal and the obligation of Bone LLC to bring the residential building to its original condition cannot be satisfied.

Also, the plaintiff’s demand for recovery of moral damages from the defendant cannot be satisfied, because due to the fact that if a citizen has suffered moral harm (physical and moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases, provided by law, the court may impose on the violator the obligation of monetary compensation for the specified damage.

Having examined the circumstances of the dispute, examined and assessed the evidence presented on which the plaintiff based the claim, the court came to the conclusion that there is no need to satisfy the stated requirements for compensation for moral damage, because from the claim of Selyanina O.S. it follows that she went to court on behalf and on behalf of all residents of house No. and claims moral damages only in her favor.

In order with Bone LLC in favor of O.S. Selyanina. you should be charged the cost of paying the state duty in the amount of 200 rubles, because one claim of a non-property nature was satisfied by the court.

Guided by Art. Art. 194-199.98 Code of Civil Procedure of the Russian Federation, court,

Claims of Selyanina O.S. partially satisfy.

Prohibit Bone LLC from carrying out production activities in a residential building located at: ....

The rest of the claims are left unsatisfied.

To recover from Bone LLC in favor of O.S. Selyanina. expenses for paying state duty in the amount of 200 rubles.

The decision can be appealed to the Rostov Regional Court, through the Taganrog City Court within 10 days.

Presiding

It will be possible to bake bread right in the house and sell it from the window without breaking any laws. Such an anti-crisis solution was actually proposed on Wednesday by the head of Rospotrebnadzor Gennady Onishchenko, speaking at a conference of bakers. Thanks to “homeworkers”, fresh bread can appear even in “bear corners”, where people have already forgotten what baking smells like. But the quality of these products may not be up to par.

With the onset of the crisis, bakers faced difficult times. Demand for products has fallen, and its cost, on the contrary, has increased. And here you also have to pay for rent, which, although it has fallen in price, is only insignificant. Yesterday, Gennady Onishchenko, with his characteristic eccentricity, suggested a way out of the situation. He allowed an entrepreneur from the Moscow region to start baking bread... at home. The baker received this “indulgence” in response to a complaint that local sanitary authorities prohibited him from setting up a bakery in a private home. Given that the conditions allow this - the area of the mansion is 500 sq.m.

We have sanitary rules for baking. There is no such norm for a person to have a bakery in his home. But if you have these opportunities in your home, then we will allow it,” Onishchenko announced. According to the official, “time moves forward, and thank God that such problems arise.”

The bakers were at first taken aback by such generosity, and then began to ask for more. Guests from Voronezh demanded permission to open bakeries on the ground floors of residential buildings. Onishchenko hesitated.

Unfortunately, there is no systematic positive answer to this question. Technologies today do not allow us to get rid of the most important thing that worries us today and will continue to worry us and will create additional problems for you - odors. Although if this is a separate building of a former canteen, then it’s possible,” he answered.

And if you do proper ventilation? - the bakers did not give up.

Listen, you won’t do this kind of ventilation...

But there are restaurants on the ground floors...

“I answered the question, I’m ready to consider it individually, but not systemically,” Onishchenko became angry. - With your equipment you will receive headache, and we will receive complaints every day.

If an entrepreneur has started baking buns in his room, then only he and his household will enjoy the smells. Another thing is the basement floors. Set up food production there - and the corresponding aromas will spread across all floors, attracting swarms of rats and hordes of cockroaches.

But the idea itself is correct. Homemade baked goods bread will not be able to compete with the industrial volumes produced by large bakeries. But to provide a village or village with fresh loaves and rolls - why not. After all, it is simply unprofitable for large producers to trade in small settlements.

We have villages where bread is delivered 2-3 times a month. They are transported in bags and boxes mixed with other food products. But people are still glad that there is at least some bread,” laments Tatyana Kudelina, head of the Komi Republican Guild of Bakers.

Another thing is the quality of “homemade” bread. After all, it will be baked by ordinary private entrepreneurs who do not have vocational training. Izvestia has already written about such a businessman from the Kursk region, who has established an outbound trade in cheap “village” bread in Moscow (see the article “High Security Loaf” dated 03/04/09). The case ended in a scandal - buyers discovered a mealworm larva in the loaf. It’s good that it’s not a rat’s tail - the bread, it turns out, was baked from “left” flour.

Setting up bread baking is half the battle. The main thing is to sell it. But retailers, despite the crisis, continue to twist the arms of manufacturers. What to do? Develop simplified trade, say the bakers. In other words, allow entrepreneurs to trade in tonars, from trailers, etc. - without any cash registers, bureaucratic approvals, etc.

On December 2, 2008, Rospotrebnadzor issued a letter setting out the rules for simplified trade. We immediately sent it to all regions. 4 months have passed - almost no response. But the authorities only need to create conditions. And then during these two or three years, when there is a crisis, trade will be in full swing. Bakers will become stronger, which means they will have money to purchase new equipment,” President of the Russian Guild of Bakers and Confectioners Yuri Katsnelson told Izvestia.

And in France, croissants are rubber

Anastasia Lyubimova

Unlike Russia, Europe long ago transferred the concept of “bakery factory” to the category of historicism, transforming factory floors into small and cozy mini-bakeries. To open one, it is enough to obtain a license from the state, for which employees need to undergo a medical examination, provide technological maps for future products, and the room itself, of course, should not be infested with rodents, should be regularly treated with special means and well ventilated. Meanwhile, no one is in a particular hurry to get in line for licenses: France, Germany, and especially Italy are being overwhelmed by a wave of underground bakers. The French also suffered because, due to careless cooks, they lost their main breakfast - crispy croissants. This happened due to the fact that many home bakers began to use frozen dough, the quality of which did not meet cooking standards, in order to save money, as a result of which the croissants began to turn out rubbery.

Becoming a bakery owner today is almost as prestigious as becoming a restaurateur. Baking bread is an interesting activity, and if organized correctly, profitable. But opening a bakery is not so easy. First of all, because the requirements for premises and equipment from the supervisory authorities are very strict. Before you start searching for premises and collecting documents, you should familiarize yourself with the documents that Rospotrebnadzor, Gospozhnadzor and the Ministry of Emergency Situations will refer to and their requirements for personnel and arrangement of the bakery.

Types of bakeries

Mini-bakeries, of course, are not a large bakery, but organized on a large scale, they can provide an entire village/small village with bread and buns, or even cakes. Below are the basic requirements for permanent buildings. For mini bakeries modular type(opened on the basis of stalls) the legislative acts regulating their activities will be almost the same with the exception of some nuances.

Rospotrebnadzor requirements

Obtaining permission from Rospotrebnadzor

Permitting examinations by SES structures are carried out free of charge upon application by the bakery owner. To do this, the company sends a notice of the start of business activity with a full set of necessary documents. No state duty is paid in this case.

Documents regulating activities

Basic regulations- this is Resolution No. 6 of November 27, 1997 and SanPiN 2.3.4.004-97. In addition, in preparing the premises, equipment and further work The requirements of the following acts should be taken into account:

SNiP 23-05-95 (replaced SNiP II-4-79) - Natural artificial lighting;
SNiP 2.04.01-85 - Internal water supply and sewerage of buildings;
SNiP 2.04.05-91 - Heating, ventilation and air conditioning;
SanPiN 2.3.4.545-96 - Production of bread, bakery and confectionery products.
VNTP 02-92 - Standards for technological design of bakery industry enterprises;
GOST 2874-82 - Drinking water. Hygienic requirements and quality control.
SNiP 31-03-2001 (replaced SNiP 2.09.02-85) - Industrial buildings;
SNiP 2.09.04-87 - Administrative and domestic buildings;
SNiP 2.04.03-85 - External networks and structures.

It is these documents that the SES will refer to both when issuing a permit and when conducting ongoing inspections (regular and unscheduled).

Territory requirements

When choosing a plot of land to build a bakery or purchasing an enterprise that needs reconstruction, the owner must coordinate his actions with representatives of the SES. The main requirements for the territory are as follows:

She must be protected.
Green plants are planted and subsequently cared for.
They clean them regularly, including removing snow deposits in winter.
Supplied with waterproof trash containers. They are located 25 m from any buildings.

To drain precipitation during the development of the territory, drains must be laid directed away from the structures. There should be no residential buildings in the area adjacent to the bakery.

For a modular mini-bakery, such requirements are not put forward by the epidemiological service. As for a business located in a house, such companies cannot be located in the basement or basement. But it is better to check the requirements with the local branch of Rospotrebnadzor. Depending on the region, these services apply varying degrees of strictness to compliance with basic requirements.

Premises requirements

Epidemiological surveillance of the Russian Federation prohibits the organization of such enterprises in residential buildings, structures and buildings (SNiP 31-01-2003 clause 4.10 and SP 4.13130 clause 5.2.8). But in some cases, if the enterprise is very small (produces up to a ton of products in 24 hours, then Rospotrebnadzor can separately agree on the location of this enterprise in extensions to residential and non-residential buildings. It is believed that such production can be located in a residential building built before 2013 only after the latter has been overhauled. The requirements for apartment-type mini-bakeries are more stringent according to SanPiN 2.1.2.2645-10. The owner of such an enterprise is obliged to ensure the autonomy of the systems:

sewerage;
power supply;
water supply (technical water cannot be used, the water must be both cold and hot).

It is not allowed to import raw materials from the façade of a residential building. Therefore, it is better to equip modular bakery options. If you cannot establish a normal working relationship with your fire inspector and SES representative, your work will be very difficult.

In any type of bakery mandatory there must be water supply, sewerage, ventilation system. It is mandatory to comply with energy consumption standards. The network power should not be less than 40 kW. Any bakery production, regardless of size, is considered a fire hazard and requires the installation of an emergency fire alarm system and a first aid kit. During capital construction, such an enterprise must have a whole range of premises:

on production different types works (baking shop and yeast fermentation, dough cutting and mixing room);
warehouse;
auxiliary;
for employees (dining rooms, bathroom, locker room).

Each type of premises has specific requirements.

In modular mini-bakeries and organizations located in houses, “separate workshops” are separated by partitions. A staff room, a bathroom, a place to store raw materials, a baking workshop and arrangement at different points of doors for the receipt of raw materials and the exit of finished products are required in any case.

The module provides for the allocation of: a warehouse (for storing raw materials and separately products) and a technical area, a washing area, a main workshop (with spatial separation of production processes), a utility room, and a bathroom.

Bakery complex

It cannot be located in a basement or basement. Cross movement of raw materials and baked goods is prohibited. The unidirectionality of the production process must be maintained. In the work area there are workshops (in modular designs, boxes separated by a partition):

hot;
for cleaning and washing equipment;
requiring compliance with a special regime.

In front of the door to the workshop area, mats soaked in disinfectant are required. The walls of this area and even the ceiling are whitened with adhesive paints or painted with a water emulsion. If the walls or ceiling are defective, immediate repair is required. The floors are lined with waterproof material approved by the State Sanitary and Epidemiological Supervision Authority. They should be level, smooth, but not slippery, without cracks, easy to wash and have a slight slope for water drainage.

Warehouses

The premises provided for storage must be:

Always clean
Heated (with temperature indicators not lower than +8оС).
With a good ventilation system, not humid (humidity from 70 to 75% is acceptable).

All warehouses in large bakeries are equipped with canopies that protect bakery products and raw materials from precipitation during loading/unloading. In these premises, gas treatment against pests is permissible, carried out in accordance with the standards. The walls of warehouses are made smooth, the floors without cracks. Let's say there is a cement floor. . It is enough to equip the box for the receipt of goods and its shipment with a canopy over the entrance.

In the warehouse area intended for products, it is unacceptable to store household chemicals, disinfectants and any strong-smelling goods that are not raw materials for baking.

Employee rooms

Changing rooms are equipped in such a way that employees store their outerwear, the things they wore to work and their work clothes separately. There is a shower next to the locker room. It should have a pre-shower area with hangers and benches. The number of shower cabins is standardized by SNiP.

The toilet is equipped with a lock, subway doors, and a device for toilet paper or napkins. A mat soaked in disinfectant is laid out in front of the toilet, and a sign is placed reminding you to remove your work gown. The toilet room lock should have:

wash basin;
hand disinfectant;
soap;
hanger for outer work clothes;
electric hand dryer (electric towel).

Meals must be provided for employees. They are equipped in the same way as toilet sluices (hangers, sinks, electric towels). A disinfectant mat is also provided before entering this room.

For mini-bakeries of modular and “apartment” type, such a number of premises is not needed, but:

bathroom (usually a dry closet);
changing room for staff.

There definitely must be. At the same time, a separation is provided between the warehouse area, bakery and staff rooms by a corridor in which there should be mats with disinfectants.

Hardware requirements

When using imported equipment, you need a certificate for it. All parts of devices, inventory, and any equipment must be made of materials approved by the sanitary supervision of the Russian Federation. It should:

Easy to wash.
To be treated with disinfectants. Metal sheets for products - calcination.
and use for one type of product (raw materials/semi-finished products/finished products).

For finished goods and products for baking, they use not only different equipment, but even lifting equipment. To open a bakery, it must be equipped with:

refrigerators;
stoves;
dough mixing bowls;
flour sifting systems;
devices for transporting bread;
shelving;
scales;
knives.

And other equipment is needed, the choice of which depends on the species planned for release.

Personnel requirements

Workers must have sanitary records with passport data and a photograph entered in them. They are required to undergo regular medical examinations. Employees are prohibited from performing work duties while wearing jewelry. When hiring new employees, they must be familiarized with the rules of conduct and the specifics of the sanitary-epidemiological regime at the enterprise. The administration is obliged to monitor their compliance. A representative of the SES will be interested in all these points during the inspection.

Wiring and lighting requirements

Lighting is considered a very important element in ensuring bakers work standards. Both its level and the safety of lighting equipment will be standardized and checked. Regarding SNiP, consult what requirements will be put forward to you. Because the old standard (SNiP II-4-79, chapter 4) expired, the new SNiP 05/23/95* was not updated. Its update was made in version SP 52.13330.2011. When checking the service, they can refer to any of the specified documents.

Rospotrebnadzor has strict requirements for lighting, heating and ventilation of work shops. The wiring must be hidden, especially in the work area. All illuminators must be placed in an explosion-proof housing. The level of natural and artificial light must comply with SNiP. It is recommended to make maximum use of natural insolation.

Requirements for heating and ventilation systems

These systems must undergo regular maintenance, and ventilation must be thoroughly cleaned. All equipment of these systems must be easy to clean and have a smooth surface. The locksmith should be able to quickly and easily access it.

All heat-generating equipment must have thermal insulation. Ovens must have an air shower to prevent employees from being exposed to hot steam/gas.

For modular bakeries, air showers are not provided, but the installation of ventilation suction units over all heat-generating equipment is indicated. Equipment power is a calculated value. Standards for calculation can be found in TMDP 27-0-3.86.

Water and wastewater requirements

When setting up your bakery, you will need to carry out the internal part of the sewer system, arrange the water supply and design and installation ventilation system, if you do not purchase a ready-made design. In terms of sanitary requirements, this means that you will need to work in accordance with SNiP 2.04.05-91 (heating + ventilation) and SNiP 2.04.01-85 regarding water and wastewater. The requirements for wastewater are dictated by SanPiN 4630-88 (they relate to factors that can pollute surrounding waters).

The water used for baking products and washing containers must comply with current GOST standards for drinking water. Effluent must be discharged into the city sewer system. It is prohibited to discharge untreated used water into nearby bodies of water.

Requirements for containers and transport

Permission to transport such products is issued by the sanitary inspection service for only six months. Transporting finished products by road without this permit is prohibited. The container must comply with modern standards, a certificate confirming its hygiene and a certificate confirming its quality. If the mini-bakery does not deliver on its own, this item can be omitted.

Raw material requirements

Products used for baking must be stored properly. It is allowed to be accepted for production only if there are appropriate certificates and documents confirming the quality.

Requirements for baked goods (finished products)

As for the requirements of sanitary services for baking bread and similar products, you should check the exact requirements with the SES. You can familiarize yourself with the basic requirements here SanPiN 2.3.4.545-96. But instead of this document, SP 2.3.4.3258-15 was developed and approved in 2015. It was supposed to come into force six months after approval, but is no longer in effect. An important point for you is the changes that relate to the provision of food-processing enterprises with bactericidal lamps.

It is impossible to introduce new types of products into production without assessing safety. All documentation on new products subject to agreement with the SES of the Russian Federation.

Be realized finished products after baking it may not be long:

rye bread, rye bread with added wheat - up to 36 hours;
products weighing 0.2 kg or more made from wheat flour and high-quality wheat flour with an admixture of rye - up to 24 hours;
small items (up to 0.2 kg) - up to 16 hours.

Products must be placed in trays correctly, in accordance with existing standards. Each batch is accompanied by a document confirming quality and a certificate. A hygiene certificate is issued for each type of product (but not for a batch).

Agreements to be concluded

The agreements listed below must be concluded before contacting Rospotrebnadzor. The main agreements are:

Contract with any service engaged in primary and preventive disinfection, insect and rodent control.
Contract for the removal of industrial waste and solid waste.
Agreement for the disposal of gas-discharge light sources.
Agreements with public utilities (energy company, water utility, heating networks).

What does the SES check?

First of all, this inspection is interested in compliance with sanitary and epidemiological standards. The commission checks:

Availability of all the above agreements.
An agreed reconstruction plan for the enterprise and permits from the SES for a land plot for a capital structure.
Sanitary records for the staff.
Compliance by employees with the sanitary epidemiological regime at work.
Disinfection register with registration in the SES.
Compliance of construction, finishing and equipment with the standards of sanitary supervision of the Russian Federation.
Compliance of microclimate conditions with SNiP requirements.
Hygienic certificates and documentation confirming the quality of both raw materials and finished goods, as well as packaging.
Compliance with raw material storage standards.
Compliance with the rules for manufacturing, storage, and loading of finished products (baked goods are immediately placed in trays when ready; pouring them into a pile is prohibited).
When selling baked goods directly from the bakery, comply with the rules for its sale.

Representatives of the Sanitary and Epidemiological Service may request statutory documents, sanitary passports of the facility and vehicles, a list of products that are planned to be produced (3 copies), documents confirming ownership of this facility or a lease agreement. During ongoing inspections, the inspector may require information about repair times.

Penalties

Sanctions for violating the sanitary regime may be imposed in the form of:

warnings;
fine;
administrative temporary closure of the enterprise.

If harm to the health of the population is caused on a massive scale and serious damage to the state, criminal liability is provided.

Violation of the rules for selling goods is punishable by a fine:

official - 1000-3000 rubles;
legal entity - 10,000-30,000 rubles.

Delivery of low-quality goods is punishable by penalties in the amount of:

For official- 3000-10000 rubles;
enterprises - 20,000-30,000 rubles.

Violation sanitary rules and norms is punishable by a warning and a fine:

for individuals - 100 - 500 rubles;
officials 500 - 1,000 rubles;
legal entities 10,000 - 20,000 rubles or closure for 90 days.

Violation of sanitary and epidemiological standards that causes illness/poisoning of consumers is considered a criminal offense and is punishable by:

80,000 rubles or the amount of salary for six months;
removal from office or restriction of freedom for up to 3 years;
in the event of the death of a consumer, imprisonment for a term of up to 5 years or correctional labor for 180 - 240 hours is provided.

These are not all the fines that Rospotrebnadzor has the right to impose on the owner and workers of the bakery, but only the main ones related to the hygiene regime in production.

Fire safety requirements for mini-bakeries

The risk of fires in such organizations is quite high. Areas of sifting and storing flour (class B-IIa), as well as hot areas of mini-bakeries and container storage areas (if wooden pallets are used) are considered fire hazardous.

Main regulatory documents

PPB 01-03 (fire safety rules). Special attention Please refer to points 3,6,15,40,52,53,57,60 and 108.
Order of the Ministry of Emergency Situations No. 313 of June 18, 2003.
Federal Law of the Russian Federation No. 123 dated July 22, 2008.
NPB 104-03.
SP9.13130.2009
PP No. 390 dated 04/25/12.
Federal Law of the Russian Federation N69 dated December 21, 1994.

The main requirements of the Ministry of Emergency Situations and the fire service

In the mini-bakery:

equipped with an APS installation;
means of notifying workers about a fire are installed;
primary fire extinguishing means are purchased;
all electrical wires and cables are laid in a protected manner;
measurements of the resistance of insulating materials of power wiring and lighting are carried out;
all illuminators are equipped with explosion-proof fittings;
there must be a fire exit at least 80 cm wide;
all bakery rooms (boxes) with different degrees of fire hazard (different classes) are separated by partitions of appropriate fire resistance;
It is not permitted to use flammable materials to cover walls and floors along the escape route and in the workshop area;
The doors of all warehouse areas (boxes) and production areas are marked with special symbols indicating their explosion and fire hazard.

Also, the appointment and training of persons responsible for fire safety are carried out, regular briefings of personnel are carried out with recording of training sessions in the logbook “under the signature” of its participants (the logbook must be registered). Before opening a mini-bakery, it makes sense to get advice from a specialist at the regional department of the Ministry of Emergency Situations.

Violation of all these requirements, if they did not have serious consequences, is punishable by 1 Art. 20.4 of the Code of Administrative Offenses of the Russian Federation (fine, administrative suspension of the bakery’s activities).

The design of a fire alarm and the selection of extinguishing agents is carried out in accordance with SNiP 2.04.09-84 and depends on the size of the mini bakery. When installing fire-fighting equipment, explosion-proof elements (intrinsically safe electrical circuit) are used. Typically installed:

APS (in explosion-proof version) is an installation designed to detect a fire and notify about it in automatic mode. It is advisable to provide for manual start of the system along the evacuation route.
SOUE (turns on from the APS signal and has a light and sound warning system). This system should not only notify, but also manage the evacuation process.
To detect fire, smoke detectors are also used in explosion-proof versions.

A package of documents that should be in the bakery

Instructions for fire safety(PB) for production.
Instructions for industrial safety for administrative premises (if any).
Color instructions for industrial safety in A3 format.
Instructions for evacuation measures with an evacuation plan and actions in case of fire (color).
Order on the appointment of a person responsible for fire safety (for LLC).
Logs for registering fire extinguishing equipment and worker training.
Fire danger signs on premises in A4 format.
Fire brigade call number.

The package of documents for very small enterprises can be clarified at your local branch.

Good afternoon! In cities and towns, in residential buildings of any number of floors, a storage room for storing cleaning equipment, equipped with a sink, should be provided on the first, ground or basement floors. It is allowed to install storage rooms with an area of up to 3 m2 for residents of the house: household, for storing vegetables, as well as for solid fuel. In this case, the exit from the floor where the storage rooms are located must be isolated from the residential part.

When designing utility storage rooms (outside apartments) on the first, ground and basement floors of multi-apartment residential buildings of class F1.3 (as well as blocked ones of class F1.4), these floors must be separated from residential floors by fire-resistant floors of the 2nd type, equipped with independent smoke removal, sprinkler fire extinguishing system (according to clause 5.10) and must have emergency exits leading directly outside, as well as non-openable windows (with pits) measuring at least 0.9 x 1.2 m with a fire resistance limit of EI 30. In this case, the floor premises must be divided by fire walls with fire doors into compartments by sections, and in corridor residential buildings - with an area of no more than 500 m2.

List of premises public buildings, the placement of which is allowed in basements and ground floors

Basement floors

1. Boiler rooms; water supply and sewerage pumping stations; ventilation and air conditioning chambers; control units and other rooms for installation and management of engineering and technological equipment buildings; elevator machine room. 2. The lobby with an exit from it to the outside through the first floor; dressing rooms, restrooms, washrooms, showers; smoking; changing rooms; women's personal hygiene cabins. 3. Storerooms and storage rooms (except for rooms for storing flammable and combustible liquids). 4. Premises of grocery stores; non-food stores with a sales area of up to 400 m2 (except for stores and departments selling flammable materials and flammable liquids); premises for receiving glassware, storing containers, and cleaning equipment. 5. Catering establishments. 6. Sanitary passages: disinfection; labor and safety rooms; linen; storage rooms for patients' belongings; premises for temporary storage of corpses; unloading; unpacking; storage and washing rooms for bain-marie carts and plaster; storage facilities for radioactive substances; storage rooms for radioactive waste and linen contaminated with radioactive substances; sterilization vessels and oilcloths; rooms for disinfection of beds and sterilization of equipment; premises for storage, regeneration and heating of therapeutic mud; rooms for washing and drying sheets, canvases and tarpaulins; compressor 7. Ironing and cleaning rooms; rooms for drying clothes and shoes; laundry 8. Laboratories and classrooms for studying special subjects with special equipment. 9*. Workshops permitted by sanitary and fire services (except for educational and workshops of medical institutions). 10. Complex reception points consumer services; premises for visitors, showrooms, filming rooms, photo studio halls with laboratories; premises of rental points; halls for family celebrations. 11. Radio nodes; film and photo laboratories; premises for closed circuit television systems. 12. Shooting ranges; gyms and premises for training and physical education classes (without stands for spectators); ski storage rooms; billiard rooms; rooms for playing table tennis, bowling alleys. 13. Book depositories; archival storage; medical archives. 14. Cinemas or their halls with a number of seats up to 300; exhibition halls; premises for adult circle classes, foyer. 15. Slot machine halls, premises for board games, rehearsal rooms (with the number of one-time visitors in each compartment no more than 100 people). In this case, it is necessary to provide for the finishing of walls and ceilings from non-combustible materials. 16*. The hold of the stage, stage and arena, orchestra pit, rooms of the orchestra director and orchestra members. 17. Discos for up to 50 dancing couples. 18. Premises for collecting and packaging waste paper. 19. Luggage storage; rooms for unloading and sorting luggage. 20. Car parking.

This is taking into account the fact that:

It is not allowed to place built-in or built-in-attachments in residential buildings (including single-apartment and semi-detached residential buildings): specialized stores of mosquito-chemical and other goods, the operation of which can lead to pollution of the territory and air of residential buildings; shops and other premises containing explosive and fire hazardous substances and materials (flammable and combustible liquids in aerosol packaging), as well as solid fire hazardous materials; stores selling carpets, auto parts, tires and motor oils; specialized fish; stores open after 11 p.m.; consumer service establishments that use flammable substances (except for hairdressers and watch repair shops with a total area of up to 300 m2); baths and saunas (except for individual saunas in apartments and single-family houses); casino; discos; dance clubs and studios; theaters; catering and leisure establishments with more than 50 seats and a total area of more than 250 m2 with operating hours after 11 pm and with musical accompaniment - restaurants, bars, cafes, canteens, snack bars, as well as clubs; laundries and dry cleaners (except for collection points and self-service laundries with a capacity of up to 75 kg per shift); automatic telephone exchanges intended for telephone installation of residential buildings with a total area of more than 100 m2; public restrooms; funeral homes; warehouses for wholesale (or small wholesale) trade; production premises(except for workshops for restoration and folk crafts, premises for the work of disabled people and the elderly, located in specialized apartment buildings, including points for delivering work to home, workshops for assembly, installation and decorative work); dental laboratories, clinical diagnostic and bacteriological laboratories; hospitals, including dispensaries, day hospitals and hospitals of private clinics, dispensaries of all types; dispensaries without hospitals of all types, emergency rooms, ambulance and emergency substations medical care; dermatovenerological, psychiatric, infectious diseases and phthisiatric medical offices; departments (rooms) of magnetic resonance imaging; X-ray rooms in areas adjacent to and under residential premises, as well as rooms with medical or diagnostic equipment and installations that are a source of ionizing radiation. Under residential buildings (including single-apartment houses) in the ground and underground floors it is not allowed to place: premises for storage, processing and use in various installations and devices of flammable and combustible liquids and gases, explosives (except for the premises of heat generators in the basement floors of single-apartment buildings class F1.4), combustible materials; premises for children; cinemas, conference halls and other halls with more than 50 seats, as well as medical and preventive institutions.

Thus, the bakery does not “fit” into your home, because... is a PRODUCTION PREMISES