This time the object of consideration in court of cassation (Arbitration court of the Volga district, Kazan) was a case number A72-10345/2018 on attraction to administrative responsibility LLC "dairy Plant "Penza" under part 2 of article 14.43 of the administrative offences code of the Russian Federation.

Recall that for 2018 the Administration of the Rosselkhoznadzor for the Chuvash Republic and the Ulyanovsk region were audited budgetary institutions of Ulyanovsk and the Ulyanovsk region for compliance with supply for their needs of milk and dairy products safety and quality, as well as sanitary-epidemiological welfare of the population and control over observance of requirements of technical regulations. In the course of these Supervisory activities in the city hospital №3, in Ulyanovsk was selected samples of butter produced by "dairy Plant "Penza".

Laboratory tests of this product were conducted in the fgbi "VGNKI". The studies revealed violations in the following microbiological characteristics:

• yeast and mould (total count). Identified more than 1 500 CFU/g at the rate of not more than 100;
• QMAFAnM (total bacterial content) and 2.7*107 CFU/g (at a rate of not more than 1*105).

Thus, in the sample oil is supplied to various social institutions (including school and hospital) identified more than fifteen times excess of maximum permissible levels of yeast and mold and unacceptably high rates of total bacterial contamination.

The test results served as the basis for drafting the next administrative material in respect of "Plant cheese "Sursky".

Manufacturer of butter "Plant cheese "Sursky" expressed disagreement with the results of research and attempted to challenge them in courts of various instances.

However, the courts as the first (Arbitration court of the Ulyanovsk region, Ulyanovsk) and the appellate court (the Eleventh Arbitration appeal court in Samara) was established all of the factual circumstances that formed the basis for attraction of the specified dairy producer to justice. The courts also gave proper and comprehensive assessment is presented of the fgbi "VGNKI" evidence of violations in the context of the legal position of the office of Rosselkhoznadzor for the Chuvash Republic and the Ulyanovsk region on this issue. As a result of "Plant cheese "Sursky" was brought to administrative responsibility under part 2 of article 14.43 of the administrative offences code of the Russian Federation.

The decision of Arbitration court of the Volga district confirmed the legality and validity of attraction of "Plant cheese "Sursky" responsible, previously adopted acts of the courts of first instance and appeal upheld.