Fudstering on paper

Five rules for processing free food

“Such cases” launch a new section in which experts and experts will answer the questions of our subscribers on VKontakte . The first question is about how Fudster is arranged.

“I am supervised by the project that develops foodshering in Russia. The question constantly arises about the legality of distribution of delay. Do we not violate the law by helping people and saving food? What laws can you refer to? " These questions were asked us a week ago on VKontakte Tatyana Tepen, subscriber of the such business .

And after this there was an incident in St. Petersburg: on November 13, a charity store "Thank you!" And the Fudshering movement opened the first public refrigerator in Russia, in which it was possible to put food or take it from there for free, but on November 14, the Rospotrebnadzor pressed the public refrigerator and wrote out the charity store for the offense.

“Such cases” asked the experts what legal norms should be guided by fudshering.

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To begin with, lawyers advised us to clearly determine which parties are involved in the process of saving food. Indeed, in theory, various forms of cooperation between catering enterprises or stores with consumers are possible. In one case, restaurateurs and merchants themselves can give the remnants of unrealized products to those who wish. In another case, a cadhedral company acts as an intermediary. It, in turn, can be registered as a legal entity or not.

“In each of these cases, its own specifics arise in the legal design of the relations of the parties,” warns Tatyana Kiseleva, an independent lawyer, legal consultant of multidisciplinary companies, as part of cooperation with Gazprom Media Technology, the curator of the Menu.ru project. “It should be agreed in advance that the foodshering for our country is still a new phenomenon, for it there is no clearly defined legal field, and it is not yet possible to give specific recommendations of the entire industry.”

Nevertheless, we will try to at least partially figure out the situation, taking as a basis an option in which three sides participate in the process: a fooding company as an intermediary between restaurants, hotels, shops (hereinafter referred to as partners) and final consumers of saved food (hereinafter referred to as well-being). After all, not all cafes and outlets are able to organize the process of transmitting products, therefore, with an increase in the popularity of the direction, more and more intermediates will appear.

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Without complaints

1. Says Anna Uspenskaya, the project manager of FoodSharingssia.ru: “All well -being of our project sign a rejection of claims. This means that the consequences of the use of products after the expiration date are completely on the conscience of the consumer. A person becomes a participant in our project and can take food from organizations only after he registers, and in the process of registration he must confirm personal responsibility.

In the process, we accept any products, with any - including expired - the terms of sale. That is why it is so important to record personal responsibility, since in this case, each participant determines the suitability of goods for food independently. Of course, if spoiled products are given to him, he will not eat them or transfer them to someone. Sometimes the participants after the export have to sort: to separate suitable from the spoiled, and this is a completely normal process. Of course, if we will give the parties to the damaged goods over and over again, it makes no sense to cooperate with this organization, but in such cases, the companies themselves prefer to use the disposal service. Those who cooperate with us are most often divided by not expired goods.

All projectless of the project sign a rejection of claims

We are actively working, including with those partners who, for various reasons, have not sold products with an expiring, and not already expired. Take at least such a funny product as pink salmon. Fresh, tasty, but not used in any dishes or remaining in a bread basket after a visit to guests. Why throw them away if you can give them to a shelter, for example. Or the remains of cuts from the "Swedish tables" in restaurants. In these specific cases, the main nuance is that at the time of donation, the sale period has not yet expired. Another thing is that then a person himself can decide: to store the received food in the refrigerator or to eat immediately. But in this case, this is indeed completely his responsibility: with the same success, he can be poisoned by an expired kefir bought for his own money, or unsuccessfully go to visit friends who will treat a salad with a lying tomato. ”

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Without a contract

2. “In our activities, the relationship of restaurateurs, owners of bakers, cafes, shops, gastronomic shops with well -being are often not documented,” Anna Uspenskaya continues the story, “although we always offer our partners to conclude a frame, unlimited gift agreement (Article 429.1 of the Civil Code). We always explain that in the event of a gratuitous transfer of products as a gift within the framework of the foodshering, the River organization does not bear any responsibility for the quality and suitability of the transmitted products. ”

“In this situation, most likely, we are talking about a consensual agreement, since the essence of such a document is to fix the fundamental consent of the parties regarding further cooperation. In the case of a gift agreement-in the promise of the transfer of something as a gift in the future, ”Tatyana explains. “But there is a nuance.” When a consensual agreement is concluded, all conditions and details are clearly prescribed. In the case of foodshering, it is difficult to legally formulate what exactly will be given to a gift in the future. I will give an analogy: you cannot conclude a consensual agreement on the delivery of money in principle, you can conclude a consensual agreement only on the delivery of a specific amount of money. Otherwise, such an agreement will be considered insignificant. The same with food. Therefore, each frame agreement will require additional agreements or acts. ”

In the case of gratuitous transfer of products as a gift, the agent organization does not bear any responsibility for their quality

This is also confirmed by Anna: “In our gift agreement, it is said that the donor transfers the ownership to the property, and the donee accepts goods (products) selected by the donor, the sale of which is impossible (having lost their consumer properties in full or partially, with the expired implementation period, etc.). The list of goods (name, quantity, etc.) transmitted in each batch is determined by the parties on the day of the transfer and entered into the act-transfer act. ”

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Without a legal entity

3. “It is important to understand,” adds Tatyana, “that there is also such a concept as a real gift agreement - it is considered concluded at the time of transferring a thing and can be concluded orally. That is, the act of transferring goods to gratuitous use is directly an current real gift agreement. Another thing is that this type of gift agreement (real, concluded orally) can be concluded only with an individual, not with a legal. That is, the food -sharing company is presented, in fact, the person who takes food from restaurants. However, this is just appropriate, since we know that citizens, like legal entities, have the right to freely carry out charitable activities individually or united with or without the formation of a charitable organization. ”

With an intermediary

4. “And yet, in the context of all the nuances described above, one of the options for solving the problem of legal design of the relations of three sides of the foodshering process may be in registering a mediator foodshering as a charitable organization,” Tatyana believes. - After all, if you look, these companies have enough signs of a public (non -state) non -profit organization that engaged in activities in the interests of society as a whole or certain categories of persons, but not to make a profit. And then it will be possible not to conclude a gift agreement, but all the actions of the partners of the program in favor of the prosperity to consider as donations. ”

With an act and without it

5. As for accounting, for a charity organization, receiving products due to a gift agreement may not be recorded, since it does not fall under the article of income, or under the article of expenses. The situation is a little more difficult with the project participants from restaurants, shops, etc. In most cases, the standard practice of drawing up the food write -off act would be reasonable.

an oral gift agreement can be concluded only with an individual, not with a legal

We are used to thinking that the need to use such an act occurs when spoiling products (violation of storage, transportation, sales/fitness terms), but this is not entirely true. There is such a thing as a partial loss of initial quality, when there are signs of damage (usually external), but sale is still possible. It is precisely such an act that sellers of discounted products use.

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In the case of foodsherying, such an act can also help to write off products, without waiting for the end of the sale period. For this, it is necessary by order of the leadership to perform an unscheduled inventory, reassessment of the product, taking into account the loss of quality (confirmation and the basis of the revaluation will be an act in the form No. TORG-15 or in the form acting in the organization), and then an act for writing off goods (form No. TORG-16). Thus, a write -off of the product formally fit for use will be recorded. “However, the form that our potential partners use to write off products for disposal does not formally prevent them from writing off food to give food,” Anna emphasizes.