Tax and accounting insights for Ukraine
28.11.24
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The Government has approved a new procedure for the return of unfit food products by consumers

The Cabinet of Ministers of Ukraine has approved a new procedure for the return of food products that are unsuitable or dangerous for consumption. The Government made the decision at a meeting on November 26, 2024.

The new procedure will come into force simultaneously with the new version of the Law of Ukraine "On Consumer Protection". As defined by the Final and Transitional Provisions of the Law, it will come into force after the termination or lifting of martial law.

"The Procedure has been developed in preparation for the entry into force of the new version of the Law "On Consumer Protection". The proposed mechanism will help protect the rights of buyers and at the same time provide businesses with the opportunity to quickly and without going to court to resolve disputes with consumers. This will to a certain extent protect honest businesses from inspections and become a reliable mechanism for protecting consumer rights," said Deputy Minister of Economy Tetiana Berezhna.

The procedure provides for the possibility of both replacing unsuitable/unsafe food products with suitable ones and paying the buyer for the return of such products. It also establishes clear deadlines for the return or replacement of unfit/hazardous food products, the procedure for the buyer and seller, etc.

In particular, the document defines the following deadlines for the replacement or return of products from the moment of purchase

  • within one day - food products stored at a temperature of +6 °C;
  • no later than three calendar days - products with a use-by date or a minimum shelf life of less than 14 days (but in any case before the expiration date)
  • no later than 14 days from the date of purchase - products with an expiration date exceeding 14 days.

For cases of remote purchase of products (online trading), it is stipulated that the return and replacement periods begin to apply from the time the buyer actually receives the products.

CMU
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