Рermits for beer production
The production and trade of all alcoholic beverages, including beer, are activities that are subject of compulsory licensing.
Therefore, to produce beer and then sell it wholesale and retail, you must obtain three separate licenses:

1) for the production of alcoholic beverages;

2) for wholesale trade;

3) for retail sale of alcoholic beverages.

The most difficult is the process of obtaining a license for beer production, because you should have a well-established technological cycle of production, create your own laboratory to control the quality of manufactured products and pass production certification. The licensing procedure is provided by the Law of Ukraine «On the State Regulation of Production and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohols, Alcoholic Beverages and Tobacco Products».

In addition to licenses, the activity of the brewery also requires obtaining permits from the State Service of Ukraine on Food Safety and Consumer Protection (SSUFSCP) and the SESU, which also has its own specifics.

How to organize beer production and get all the necessary permits, we tell below.

STEP 1. State registration of capacity in the SSUFSCP

All beverages, including alcoholic beverages, belong to food products, the production of which is controlled by the SSUFSCP. Since beer contains only raw materials of plant origin, before the start of production it is necessary to submit to the territorial body of the SSUFSCP an application for state registration of capacity.

Capacity registration is free of charge for 15 working days. A separate registration number is assigned to the registered capacity, and the decision on registration is sent to the applicant within 5 days after its making.

STEP 2. Registration of the declaration SESU

The premises in which beer is produced must meet all fire safety requirements. To confirm compliance with such requirements before the start of the enterprise you must submit to the relevant territorial body of the SESU a completed and signed declaration of compliance of the material and technical base of the business entity with the requirements of fire safety legislation.

The declaration can be submitted either electronically or through the Centers for Administrative Services. Registration of the declaration is free of charge and is carried out within 5 days from the date of its receipt.

STEP 3. Creating your own laboratory

The material and technical base of beer producers should include its own or contracted laboratory, which is designed to check the quality and safety of beverages.

At the same time, in practice the tax authorities require the creation of its own laboratory to obtain a license. For this purpose it is necessary to obtain a certificate of conformity of the measurement management system, which is issued by certified centers of standardization and certification (in Lviv and Lviv region it is SE "Lvivstandardmetrologiya").

The laboratory conformity assessment service is paid for and provided on contract. The term of service provision is not standardized and depends on the terms of development by the business entity of regulatory documentation for the laboratory and purchase / verification of the necessary devices for measurements.

STEP 4. Certification of production

A mandatory step in the process of obtaining a license for beer production is to pass the certification of production. It is carried out for the purpose of check of production capacities for conformity to requirements of the legislation, sanitary, fire, ecological norms and rules.

Production certification is a complicated, complex and lengthy procedure that requires the development of regulatory and technological documentation, as well as the inspection of production facilities.

Usually the certification of production and the laboratory evaluation is performed by the same company. However, these services are provided under different contracts and are paid separately.

STEP 5. Obtaining a license for beer production

The body that issues a license for the production of alcohol is the State Tax Service of Ukraine. To obtain a license, you must submit to the State Tax Service of Ukraine a package of documents consisting of:

●application for a license;

● founding documents of the producer;

● certificate of production;

● certificate of conformity of the measurement management system;

● a document confirming the payment of the annual license fee.

All documents, except for the application, are submitted in notarized copies or by the body that issued the original document. You can apply for a license by mail (reccomend mail) or in person.

The license issuance period is 30 calendar days from the moment of receiving the documents. The license is valid for 5 years.

The fee for a license is paid annually, its amount is 780 UAH per year. In this case, payment for the entire term of the license is prohibited.

Step 6. Obtaining a license for wholesale trade

From 2021, a license for wholesale trade in alcohol is issued not by the State Tax Service of Ukraine, as it was before, but by its territorial bodies. The basis for obtaining a license is an application in any form. The application is accompanied by a document confirming the payment of the annual license fee.

In general, the annual fee for a license for wholesale trade in alcohol is UAH 500,000.00, but beer producers with an annual production of no more than 3,000 hectoliters can obtain a license for the right to wholesale only beer. The annual fee for such a license is UAH 30,000.00. The production volume is calculated from the date of payment for the license to the next payment.

The license for wholesale trade is issued within 10 days from the date of application and is valid for 5 years.

Step 7. Obtaining a license for retail trade

The license for retail trade in alcohol is issued by the territorial bodies of the State Tax Service at the address of the place of trade, which must be equipped with a сash registrar (stationary or software).

To obtain a license, an application is submitted in any form, which indicates the following information:

• type of economic activity (retail trade in alcoholic beverages),

• address of the place of trade,

• list of cash register / software cash register, which are located in the place of trade, as well as information about them: model, modification, serial number, manufacturer, date of manufacture; registration numbers of certificates of registrars of settlement operations, date of the beginning of their registration in tax authorities.

The license is issued for 10 days, is valid for 1 year and is paid quarterly in equal installments. The first part of the payment should be made before obtaining a license, and a document confirming payment should be submitted to the tax authorities together with the application.

The fee for a license for retail alcohol is:

● UAH 8,000 for each CR established in the place of trade on the territory of cities;

● UAH 500 for each СR established in the place of trade outside the cities.

Step 8. Registration of the place of storage of alcoholic beverages

After obtaining all licenses, it is necessary to enter the place of storage of beer in the Unified State Register of places of storage of alcoholic beverages.

You must submit to the State Tax Service of Ukraine an application in any form, indicating the address of the place of storage and information about the applicant.The application shall be accompanied by a notarized copy of the issued license for the relevant type of activity, and a document confirming the right to use the premises.

It is important that only those beer storage places that located at a different address than the place of retail trade should be entered into the Unified Register.

The result of the registration of the place of storage of alcohol is a Certificate of entry of the place of storage in the Unified Register, issued within 7 calendar days from the date of submission of the application. ___________________________________________________________________________

Beer can be produced and traded only after obtaining all permits. Until then, any activity related to the production and sale of alcohol is very risky, as sanctions for such violations are considerable.

Thus, for the production of alcoholic beverages without a license a fine of 200% of the cost of production but not less than 85 000,00 UAH is charged, , while for wholesale and retail trade without a license the fine is 200% of the value of the received consignment, but not less than 17 000.00 UAH
01 APRIL / 2021

By: Anastasiia Popilevych

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