
The Regional Arbitration COURT considered the application of JSC PRODO Poultry Farm Permskaya to the Department of the Federal Service for Veterinary and Phytosanitary Surveillance in the Perm Territory. The plaintiff demanded to declare illegal and cancel the decision on an administrative offense, which the department issued in relation to the poultry farm.
As follows from the materials of the case, as a result of laboratory tests conducted in September 2020, in a sample of offal of broiler chickens manufactured by the enterprise, the content of dinitrocarbanilide (a medicinal substance of the coccidiostatics group) was found in the value of 37.8 μg / kg. Its presence in the product is not allowed. The regional department of the ROSSELKHOZNADZOR issued a resolution against JSC PRODO Poultry Farm Permskaya, by which the company was brought to administrative responsibility under Part 2 of Art. 14.43 of the Code of Administrative Offenses of the Russian Federation (violation by the manufacturer of the requirements of technical regulations, resulting in harm to the life or HEALTH of citizens) in the form of a fine of 310 thousand. The JSC considered the said decision unreasonable and went to court.
The arbitration court found that there were no grounds for releasing the applicant from administrative responsibility, but the amount of the fine determined by the Rosselkhoznadzor was too high. Taking into account the nature of the offense committed, the financial and property situation of the poultry farm, as well as the fact that the company ensures employment of the population and the preservation of jobs, bears social obligations to employees, public obligations to pay public payments to the budget and extra-budgetary funds, the court decided to reduce the fine to 220 thousand roubles.