On protection of plants

The Law of the Republic of Kazakhstan dated 3 July, 2002 No. 331

Unofficial translation

      This Law determines legal, economic and organizational basis of carrying out of activity in the field of plants protection from pests, weeds and plant diseases and is directed at preserving the harvest, its quality and prevention of negative effect on health of people and environment within implementation of phytosanitary measures in the territory of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) special storages (repositories) – storages designed for safe storage with subsequent utilization or elimination of prohibited or decayed pesticides (toxic chemicals), as well as their packages;
      2) special machinery – device and (or) equipment, designed for the useof pesticides (toxic chemicals);
      3) objects of agricultural nature – agricultural and other agricultural lands, granaries, greenhouses, warehouses, outdoor stages, production and other premises designed for production, storage and processing of crop products;
      4) highly dangerous harmful organisms – pests and plant diseases which are able to periodical mass reproduction and expansion, inflicting economic, ecological damage and are on the list of highly dangerous harmful organisms approved by the authorized body;
      5) harmful organisms – pests, weeds and plant diseases, which negatively influence the soil, vegetation and agricultural products;
      6) economic threshold of harmfulness – number of harmful and highly dangerous harmful organisms, causing losses of crop production which requires the implementation of phytosanitary measures;
      7) state control in the field of plants protection (state phytosanitary control) – activity of the authorized body within its competence, directed at ensuring the observance by individuals and legal entities, as well as by the officials of the requirements of the legislation of the Republic of Kazakhstan;
      8) plants protection – field of activity directed at elaboration and practical appliance of measures of phytosanitary monitoring, phytosanitary measures for the purpose of prevention of losses of crop production from harmful and highly dangerous harmful organisms;
      9) crop production – products designed for satisfying the needs of the public in food, cattle breeding – in fodders and industry – in raw materials;
      10) pesticides (toxis chemicals) – chemical, biological and other substances used against harmful and highly dangerous harmful organisms, as well as for preharvesting drying, defoliation and regulation of plants growth;
      11) neutralization of pesticides (toxic chemicals)– measures directed at utilization, elimination of prohibited or decayed pesticides (toxic chemicals), as well as their packages in accordance with the legislation of the Republic of Kazakhstan;
      12) state registration of pesticides (toxic chemicals) – procedure which finishes the process of biological, toxicological, hygienic and ecological valuation of specimen, in the result of which the registration certificate for the right of use in the territory of the Republic of Kazakhstan shall be issued to individuals and legal entities in accordance with the legislation of the Republic of Kazakhstan on plants protection;
      13) primary components of pesticides (toxic chemicals) – chemical and other substances designed for the production of pesticides (toxic chemicals);
      14) residual quantity of pesticides (toxic chemicals) – quantitative index of pesticides (toxic chemicals) content in the crop production and objects of environment with the use of which their safety for human and animals shall be evaluated;
      15) production (formulization) of pesticides (toxic chemicals) – technological process of producing the pesticides (toxic chemicals) on the base of primary components;
      16) list of pesticides (toxic chemicals) – list of registered pesticides (toxic chemicals) permitted for use in the territory of the Republic of Kazakhstan;
      16-1) registry trials of pesticides (toxic chemicals) – procedure of confirmation of practicability and safety of use of pesticides (toxic chemicals) including biological, economic, toxicological, hygienic and ecological evaluation;
      17) authorized body in the field of plants protection (hereinafter – authorized body) – central executive body which carryies out management in the field of plants protection, as well as within its powers the inter-industry coordination;
      18) phytosanitary situation – existing state of objects of agricultural purpose determined by the number and harmfulness of harmful and highly dangerous harmful organisms;
      19) phytosanitary forecast – preliminary determination of possible expansion and development degree of harmful and highly dangerous harmful organisms for the purpose of planning the terms and volumes of performance of phytosanitary measures;
      20) phytosanitary monitoring – system of measures including the inspection, supervision, record of development and expansion of harmful and highly dangerous harmful organisms, as well as elaboration of phytosanitary forecast on their bases;
      21) phytosanitary normative standards – established parameters of magnitudes which are used for determination of volume of phytosanitary measures;
      22) phytosanitary measures – complex of measures ensuring the reduction of the amount and harmfulness of harmful and highly dangerous harmful organisms.
      Footnote. Article 1 in wording of the Law of the Republic of Kazakhstan dated 29.12.2006 No. 209 (order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); dated 17.07.2009 No. 189-IV (order of enforcement see Article 2); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on plants protection

      1. The legislation of the Republic of Kazakhstan on plants protection is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international treaty, ratified by the Republic of Kazakhstan, establishes other rules than those appear in this Law, the rules of the international treaty shall apply.

Article 3. Basic objectives of the state policy in the fieldfieldfieldfieldfield of plants protection

      Basic objectives of the state policy in the field of plants protection are:
      1) ensuring the food security of the state;
      2) provision of favourable phytosanitary situation;
      3) prevention of harmful influence of pesticides (toxic chemicals) on the health of people, pollution of agricultural production, environment while implementing phytosanitary measures.
      Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Chapter 2. State regulation in the fieldfieldfieldfieldfield of plants protection

Article 4. State system of plants protection of the Republic of Kazakhstan

      State system of plants protection of the Republic of Kazakhstan includes:
      1) the Government of the Republic of Kazakhstan;
      2) authorized body and its territorial subdivisions;
      3) local executive bodies of regions (the city of republican significance, the capital);
      4) state organizations carrying out the plants protection activities;
      5) individuals and legal entities using the objects subject to the state phytosanitary control.
      Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 17.07.2009 No. 189-IV (order of enforcement see Article 2)

Article 5. Competence of the Government of the Republic of Kazakhstan in the field of plants protection

      Competence of the Government of the Republic of Kazakhstan in the field of plants protection includes:
      1) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);;
      4) international cooperation in the field of plants protection;
      5) (excluded);
      6) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);;
      7) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);;
      8) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);;
      9) performance of the other functions imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 29.12.2006 No. 209 (order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Competence of the authorized body

      1. Competence of the authorized body shall include:
      1) elaboration of principal directions of state policy in the field of plants protection;;
      2) elaboration and approval within its competence of the regulatory legal acts in the field of plants protection;;
      3) carrying out the coordination and methodological supervision of local executive bodies in the field of plants protection;
      4) elaboration and approval of the list of highly dangerous harmful organisms;
      5) elaboration and approval of technical regulations in the field of trade in pesticides (toxic chemicals);
      6) elaboration and approval of qualification requirements applied to the following types of activities of:
      production (formulization) of pesticides (toxic chemicals);
      realization of pesticides (toxic chemicals);
      application of pesticides (toxic chemicals) by means of aerosol and fumigation methods;
      7) approval of the rules of conduct of registration, production trials and state registration of pesticides (toxic chemicals);
      8) state registration of pesticides (toxic chemicals) and issues of registration certificates of the right for the use of pesticides (toxic chemicals) in the territory of the Republic of Kazakhstan;
      9) elaboration, approval and listing of pesticides (toxic chemicals);
      10) establishment of recommendations and methodical instructions of implementation the phytosanitary measures;
      11) elaboration and approval of forms of protocols and prescriptions, as well as order of their compilation and adoption in accordance with the legislation of the Republic of Kazakhstan;
      12) organization of phytosanitary measures;
      13) coordination of activity of the state bodies, individuals and legal entities in performance of phytosanitary events;
      14) organization and performance of the state procurement of pesticides (toxic chemicals), works and service of their storage, transportation, application, as well as creation of stock of pesticides (toxic chemicals) in the manner prescribed by the legislation of the Republic of Kazakhstan;
      15) elaboration and approval of phytosanitary regulations, forms of phytosanitary record, as well as manner of their submission;
      16) organization of phytosanitary monitoring of harmful and highly dangerous harmful organisms;
      17) organization of registration, production trials and state registration of pesticides (toxic chemicals);
      18) organization and coordination, carrying out the orders of applied scientific research in the field of plants protection;
      19) distribution of pesticides (toxic chemicals) purchased for budget funds in the territory of the Republic of Kazakhstan depending on the data of phytosanitary monitoring and evolving phytosanitary situation;
      20) carrying out cooperation with international organizations and state bodies and participation in the realization of international programmes in the field of plants protection;
      21) approval of the regulation of stock by the types of pesticides (toxic chemicals) and order of its use;
      22) organization and execution of state phytosanitary control;
      23) execution of control over compliance with the legislation of the Republic of Kazakhstan in the field of plants protection by local executive bodies, including the unimpeded access to all objects under control, issue of obligatory prescriptions and cure of all revealed breaches of legislation of the Republic of Kazakhstan in the field of plants protection;
      24) determination of the order of clearance of pesticides (toxic chemicals) upon approval; with the authorized state bodies in the field of protection of environment and healthcare;
      25) approval of methods, methodology, recommendations, regulating the order, ways of implementing the phytosanitary measures, organization, coordination and control over conduct of applied scientific research in the field of plants protection as well as approval of programmes of education (educational programmes) of training and improvement of skills for specialists in plants protection;
      26) elaboration and approval; of forms of obligatory agency reporting, check lists, criteria of risk evaluation, semi-annual plans of performance of inspections in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;
      27) carrying out of other powers provided by the legislation of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 7. Competence of state inspectors for plants protection

      1. The head of the agency is the Chief state inspector for plants protection of the Republic of Kazakhstan.
      Leaders of relevant territorial subdivisions of the agency are chief state inspectors for plants protection of relevant administrative and territorial units of the Republic of Kazakhstan.
      Other officials of the agency who directly perform the state phytosanitary control are the state inspectors for plants protection.
      2. Competence of the Chief state inspector for plants protection of the Republic of Kazakhstan includes:
      1) organization and carrying out of phytosanitary control in the territory of the Republic of Kazakhstan;
      2) issue of prescriptions to the individuals and legal entities on carrying out of phytosanitary measures in the territory of the Republic of Kazakhstan and control over their performance;
      3) organization of keeping the phytosanitary records and reports;
      4) control over performance of the phytosanitary monitoring and phitosanitary measures in the territory of the Republic of Kazakhstan;
      5) (excluded)
      3. Competence of the Chief state inspector for plants protection of relevant administrative and territorial unit includes:
      1) organization and carrying out of the state phytosanitary control in the relevant territory;
      2) issue of prescriptions to the individuals and legal entities on carrying out of phytosanitary events in the relevant territory and control over their performance;
      3) organization, keeping of phytosanitary records and reports in the relevant territory and submitting the reports in manner established by the legislation of the Republic of Kazakhstan;
      4) control over performance of phytosanitary monitoring and phytosanitary measures in relevant territory;
      5) (excluded)
      4. Competence of the state inspector for plants protection include:
      1) execution of state state phytosanitary control in the relevant territory;
      2) keeping of phytosanitary records and reports of the established form and submitting them to the authorized body;
      3) control over the conduct of of phytosanitary monitoring and implementation of phytosanitary measures in the relevant territory;
      4) (excluded)
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13(shall be enforced from 1 January, 2005); by the Law of the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125; dated 17.07.2009 No. 189-IV (order of enforcement see Article 2)

Article 8. Rights of state inspectors for plants protection

      1. State inspectors for plants protection have the right:
      In respect of changes in subparagraph 1) see the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (order of enforcement see Article 2) and dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).
      1) to visit objects of the state phytosanitary control with purpose of state phytosanitary control;
      2) to issue prescriptions to the individuals and legal entities on elimination of detected violations of the legislation of the Republic of Kazakhstan on plants protection;
      Subparagraph 3) is provided in the text of the Law of the RK dated 5.07.2014 No 236-V (to be enacted from 01.01.2015).
      3) to stop or prohibit activity of individual entrepreneurs and legal entities without court decision in exceptional situations for the term no longer than three days with compulsory filing of claim with court within the specified period of time. In the meantime the act on prohibition or suspension of activity is in force until delivery of court decision;
      4) bring to administrative responsibility the individuals and legal entities in case of violation of legislation of the Republic of Kazakhstan on plants protection in accordance with the Laws of the Republic of Kazakhstan.
      2. Actions of state inspectors for plants protection may be challenged in a manner prescribed by the legislation of the Republic of Kazakhstan.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 9. Competence of local executive bodies of regions (the city of republican significance, the capital) in the field of plants protection

      Competence of the local executive bodies of regions (the city of republican significance, the capital) in the field of plants protection include:
      1) organization of works for clearance of pesticides (toxic chemicals) upon approval with the authorized bodies in the field of environment protection and healthcare;
      1-1) realization of the state policy in the field of plants protection;
      2) excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      3) excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      4) construction, maintenance and keeping in proper condition of special storages (repositories);
      5) licensing of activity of:
      production (formulization) of pesticides (toxic chemicals);
      trade in pesticides (toxic chemicals);
      application of pesticides (toxic chemicals) by means of aerosol and fumigation methods;
      6) carrying out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local public administration.
      Footnote. Article 9 in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (order of enforcement see Article 2 of the Law No.116); as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 13.06.1013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. State organizations carrying out activity in the field of plants protection

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2)

      1. State organizations carrying out the activity in the field of plants protection shall be established by the Government of the Republic of Kazakhstan with the purpose of performing the following types of activity:
      1) phitosanitary monitoring of harmful and specially dangerous harmful organisms;
      1-1) phitosanitaryforecasting;
      2) production trials of pesticides recommended to registration toxic chemicals for their approbation in the production conditions;
      3) analysis and expertize of agricultural production to determine the content of residual quantity of pesticides (toxic chemicals), nitrates, nitrites and salts of heavy metals;
      2. excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication).
      3. State organizations carrying out the activity in the field of plants protection shall keep phitosanitary records and submit reports to the authorized body in the manner prescribed by the legislation of the Republic of Kazakhstan.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 09.07.2004 No. 584; dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication).

Chapter 3. Requirements of plants protection

      Footnote. Chapter 3 in new wording of the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125.

Article 11.Phytosanitary monitoring and phytosanitary measures

      For the purpose of ensuring a favourable phytosanitary situation individuals and legal entities whose activity is related to objects of state phytosanitary control shall carry out the phytosanitary monitoring in their territories and carry out phytosanitary measures in case of detection of harmful and highly dangerous harmful organisms with the amount higher than the economic threshold of harmfulness.

Article 12. Storage, transfer and application of pesticides (toxic chemicals)

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

      1. Storage, transfer and application of pesticides (toxic chemicals) shall be carried out in conditions providing the prevention of harmful influence of pesticides (toxic chemicals) on the health of human and the environment.
      2. Mandatory requirements of conditions of storage, transportation and application of pesticides (toxic chemicals) shall be established by technical regulations in the field of trade in pesticides (toxic chemicals).
      3. Quantity of pesticides (toxic chemicals) imported for registration, production trials and scientific research shall be determined by the authorized body.
      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (order of enforcement see Article 2); dated 12 January, 2007 No. 222 (shall be enforced upon expiry of 6 months from the date of its first official publication); dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 13.Phytosanitary record and reports

      1. The individuals and legal entities whose activity is related to the objects of state phytosanitary control shall keep phytosanitary records and submit phytosanitary reports to the authorized body.
      2. Types of phytosanitary reports, forms and terms of their submission shall be determined by the authorized body.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dared 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 14 is provided in wording of the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first official publication)

Article 14. Licensing of activity in the field of plants protection

      Licensing of activity in the field of plants protection shall be carried out in accordance with the legislation of the Republic of Kazakhstan on licensing.
      Footnote. Article 14 in wording of the Law of the Republic of Kazakhstan dated 12 January, 2007 No. 222 (shall be enforced upon expiry of 6 months from the date of its first official publication).

Article 14-1 is provided in wording of the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first official publication)

Article 14-1. Neutralization of pesticides (toxic chemicals)

      1. Prohibited, decayed pesticides (toxic chemicals) and packages of the pesticides (toxic chemicals) shall be subject to neutralization. Order of neutralization of pesticides (toxic chemicals) shall be determined by the authorized body upon approval with the authorized state bodies in the field of environment protection and healthcare.
      2. Special storages (repositories) of pesticides (toxic chemicals) shall be used for neutralization of pesticides (toxic chemicals).
      3. Permission for construction of special storages (repositories) as well as for neutralization of pesticides (toxic chemicals) shall be issued by the authorized state body in the field of environment protection.
      4. Practicability of construction of special storages (repositories) in the regions and their quantity shall be determined by the local executive bodies of regions, the cities of republican significance and the capital upon approval with the authorized bodies in the field of environment protection and healthcare.
      Footnote. Article 14-1 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14-2. Stock of pesticides (toxic chemicals)

      1. Stock of pesticides (toxic chemicals) is certain volume of regularly renewed pesticides (toxic chemicals) and is the state property being in jurisdiction (disposal) of the authorized body.
      2. Stock of pesticides (toxic chemicals) is designed for of unforeseen massive expansion of highly dangerous harmful organisms and shall be formed from the amount of pesticides (toxic chemicals) bought for budget funds on the basis of phytosanitary monitoring with consideration of evolving phytosanitary situation.
      3. The normative standard of stock by types of pesticides (toxic chemicals) and order of their use shall be approved by the authorized body.

Article 14-3.Phytosanitary normative standards

      1. Phytosanitary normative standards determine the admissible quantitative and (or) qualitative definitions of indicators, describing the phytosanitary situation from the viewpoint of its safety for crop products, objects designed for agricultural application.
      2. Phytosanitary normative standards shall be adopted on basis of research conducted in accordance with the legislation of the Republic of Kazakhstan.
      3. Phytosanitary regulations are the basis for carrying out an objective and reasonable planning of volume of phytosanitary measures as well as forecasting the possibility of mass multiplication, expansion and liquidation of harmful and highly dangerous harmful organisms.
      4. Phytosanitary regulations are the basis for the execution of state phytosanitary control by state inspectors for plants protection.

Article 14-4. Coordination of scientific research in field of plants protection and activity on training and skills improvement of specialists in plants protection

      1. The authorized body shall organize, coordinate and control the performance of applied scientific research in the field of plants protection, approves the methods elaborated in the result of research, methodologies, recommendations regulating the order and ways of implementing the phytosanitary measures.
      2. Educational programmes of training and skills improvement of specialists in plants protection are subject to approval by the authorized body.
      Footnote. Article 14-4 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 14-5. Obligations of individuals and legal entities whose activity is related to the objects of state phytosanitary control

      Individuals and legal entities whose activity is related to the objects of state phytosanitary control shall:
      1) carry out the phytosanitary monitoring and phytosanitary events and prevent development and expansion of harmful organisms in the amount exceeding the economic thresholds of harmfulness;
      2) observe safety requirements in the field of trade in pesticides (toxic chemicals) approved by technical regulations;
      3) keep phytosanitary records and submit reports to the authorized body;
      4) perform registration and production trials of pesticides (toxic chemicals) in accordance with rules;
      5) neutralize pesticides (toxic chemicals) and keep special storages (repositories) in proper condition;
      6) observe requirements applied to licensable types of activity;
      7) perform orders of state inspectors for plants protections in accordance with the legislation of the Republic of Kazakhstan on plants protection;
      8) assist the state inspectors for plants protection in their performance of legislation of the Republic of Kazakhstan on plants protection.
      Footnote. Article 14-5 as amended by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (order of enforcement see Article 2).

Article 14-6. State registration of pesticides (toxic chemicals)

      State registration of pesticides (toxic chemicals) shall be performed in accordance with the results of registration and production trials in accordance with rules established by the Legislation of the Republic of Kazakhstan.
      Pesticides (toxic chemicals) which passed the state registration shall be permitted to application and introduced into the list of pesticides (toxic chemicals) by the authorized body.
      Production (formulization), import, storage, transfer, trade in and application of pesticides (toxic chemicals) which did not pass the state registration, as well as primary components for producing of not registered pesticides (toxic chemicals), except the test samples imported for registration, production trials and scientific research, are prohibited.
      Quantity of pesticides (toxic chemicals) imported for registration, production trials and scientific research shall be determined by the authorized body.
      Footnote. Chapter 3 is supplemented by Article 14-6 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2); as amended by the law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Chapter 4. State phytosanitary control

      Footnote. Chapter 4 in new wording by the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125.

Article 15. Objects subject to state phytosanitary control

      Objects subject to the state phytosanitary control are:
      1) objects of agricultural application, right of way and protective zones of automobile roads, railways and other territories inhabited by harmful and highly dangerous harmful organisms,as well as crop production;
      2) harmful and highly dangerous harmful organisms;
      3) special facilities and pesticides (toxic chemicals) which are used for performance of phytosanitary measures;
      4) special storages (repositories).

Article 15-1. State control in the field of plants protection (state phytosanitary control)

      1. State control in the field of plants protection (state phytosanitary control) shall be carried out in form of inspection and other forms.
      2. Inspection shall be carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of state control shall be carried out in accordance with this Law.
      Footnote. The Law is supplemented by Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 16. Civil servants carrying out the state phytosanitary control

      Footnote. Article 16 is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 17 is to be amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first official publication).

Article 17. Objectives of state phytosanitary control

      State phytosanitary control shall include the control over:
      1) performance of phytosanitary monitoring and phytosanitary measures;
      2) storage, transportation and application of pesticides (toxic chemicals);
      3) keeping and submission of phytosanitary records and reports;
      4) performing of the registration and production trials of pesticides (toxic chemicals);
      5) neutralization of pesticides (toxic chemicals) and maintenance of special storages (repositories);
      6) observance of requirements set by the legislation of the Republic of Kazakhstan on licensing.
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 18. Control over performance of phytosanitary monitoring and phytosanitary measures

      1. Control over performance of phytosanitary monitoring and phytosanitary measures shall be carried out to detect the existence of harmful and highly dangerous harmful organisms at the objects of agricultural assignment, right of ways and protective zones of automobile roads, railways and other territories inhabitated by harmful and highly dangerous harmful organisms, as well as crop production.
      2. Control over performance of phytosanitary monitoring and phytosanitary measures shall be performed in period of occurrence of optimal terms of development and expansion of harmful and highly dangerous harmful organisms in time periods not exceeding three times a year and not longer than two days.

Article 19. Control over storage, transportation and application of pesticides (toxic chemicals)

      Control over storage, transportation and application of pesticides (toxic chemicals) shall be carried out in the period of their performance to determine the correspondence of conditions of storage, transportation and application of pesticides (toxic chemicals) to mandatory requirements of technology and safety.

Article 19-1. Control over keeping and submission of phytosanitary records and reports

      1. Control for keeping and submission of phytosanitary records and reports shall be carried out on a permanent basis to determine completeness and timeliness of submission of phytosanitary reports.
      2. Control over keeping and submission of phytosanitary records and reports shall be carried out in established terms of submission of reports in time periods not exceeding three times a year and not longer than two days.

      Note RCLI!
      Article 19-2 is provided to be amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first official publication).

Article 19-2. Control over conduct of registration and production trials of pesticides (toxic chemicals)

      1. Control over conduct of registration and production trials of pesticides (toxic chemicals) shall be carried out to determine the methodological consistency.
      2. Order of performance of registration and production trials shall be established by the authorized body upon approval with the state authorized bodies in the field of environment protection and healthcare.
      3. Control over conduct of registry registration production trials shall be carried out in period of their performance in time periods not exceeding two times a year and not longer than two days.
      Footnote. Article 19-2 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

      Note RCLI!
      Article 19-3 is provided to be amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first official publication).

Article 19-3. Control over neutralization of pesticides (toxic chemicals and condition of special storages (repositories)

      1. Control over neutralization of pesticides (toxic chemicals) and condition of special storages (repositories) shall be carried out at the objects subject to state phytosanitary control to detect prohibited, decayed pesticides (toxic chemicals) and their packages (toxic chemicals) subject to the neutralization as well as evaluation of the condition of special storages (repositories).
      2. Order of neutralization of pesticides (toxic chemicals) as well as conditions of maintenance of special storages (repositories) in proper condition shall be determined by the authorized body upon approval with the state bodies in the field of environment protection and healthcare.
      3. Control for detoxification of pesticides (toxic chemicals) shall be carried out after completion of field works in time periods not exceeding two times a year and not longer than two days.
      Footnote. Article 19-3 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 19-4. Control for observance of license rules

      Footnote. Article 19-4 is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 19-5. Form of completion of state phytosanitary control

      1. Inspection act shall be drawn up in the result of carrying out the state phytosanitary control by the state inspector for plants protection.
      2. Inspection act shall be drawn up in three (in case of detection of violations of the legislation of the Republic of Kazakhstan on plants protection – in four) copies and shall be signed by the state inspector for plants protection of the relevant administrative and territorial unit which performed the inspection.
      First copy of the act shall be filed with the state body which within its competence carries out statistical activity in the field of legal statistics and special records, second copy shall be handed under signed receipt to the inspected individual or legal entity, third copy shall be retained by the inspecting state inspector for plants protection, and fourth copy shall be sent to the chief state inspector for plants protection of relevant administrative and territorial unit to file a suit in the case of non-performance of orders of the state inspector.
      In the case of refusal of the inspected subject from admission of inspection act, the act shall be sent by registered mail with notification.
      3. Inspection act shall be registered in a special registrar which shall have numbered pages, bound and sealed by the authorized body or its territorial subdivisions.
      4. In case of detection of violation of the legislation of the Republic of Kazakhstan on plants protection the state inspector for plants protection in the result of inspection and within his (her) competence depending on the nature of detected violations shall issue the order for elimination of violations, issue the order for imposition of administrative penalty or draw up a protocol of administrative violation and shall bring the action to the court.
      5. Upon absence of detected violations a relevant note shall be made in the act.

Chapter 4-1. General requirements to safety of trade in pesticides (chemical pesticides)

      Footnote. Chapter 4-1 is supplemented by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (order of enforcement see Article 2)

Article 19-6. Requirements to packing and packages of pesticides (chemical pesticides)

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

      1. Packing and packages assigned for pesticides (toxic chemicals) shall provide the safety in the process of their storage, transportation and realization of production.
      2. Materials used for packing and packages shall be specially adapted for protection of human, environment from dangerous features of pesticides (toxic chemicals).
      3. Materials used for packing and packages shall be steady for destructive or other harmful influence of component matters of pesticides (toxic chemicals) and be able not to interact with them, entering into reaction whichi entails:
      1) fire outbreak and (or) release of significant amount of heat;
      2) release of flammable, toxic or smothering gases;
      3) creation of other chemically active and dangerous substances.

Article 19-7. Requirements to safety of application of pesticides (toxic chemicals)

      1. Application of pesticides (toxic chemicals) shall be carried out with observance of technologies of effective and safety application set in the list of pesticides (toxic chemicals) approved for application in the territory of the Republic of Kazakhstan.
      2. Application of pesticides (toxic chemicals) with violation of demands of technical regulations is prohibited.
      3. Abandonment of unused pesticides (toxic chemicals) in the operation area, except the places specially designed for temporary storage, is prohibited.

Article 19-8. Requirements to marking the packing of pesticides (toxic chemicals)

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

      1. Marking the packing of pesticides (toxic chemicals) shall include:
      1) name and full address of applicant (supplier, manufacturer, distributor or importer) including telephone number, fax, telex and electronic mail;
      2) name of pesticide (toxic chemical) and end-use application;
      3) nominal quantity (mass or volume) of pesticide (oxic chemical);
      4) serial number of output;
      5) manufactured (output) date;
      6) signs (pictograms) of features of danger and classes of influence on human, environment and property;
      7) recommendations of safe storage, transportation, realization, application and utilization of production.
      2. Marking of packing shall be made with distinct waterproof letters or symbols.
      Footnote. Article 19-8 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2)

Article 19-9.Requirements to safety of storage of pesticides (toxic chemicals)

      1. Storage of pesticides (toxic chemicals) shall be carried out in specially designed for it storages which meet the requirements of construction regulations and rules, ecological requirements, sanitary rules and hygienic regulations.
      2. Storages shall be equipped by vacuum and extraction ventilation. Extraction ventilation shall be equipped by dry filtering elements.
      3. Storage of pesticides (toxic chemicals) in storages shall be permitted only after the premise has been inspected by the bodies of sanitation-and-epidemiological and fire engineering services with subsequent execution of sanitary certificate for the right to receive and store of pesticides (toxic chemicals).
      4. Quantity of stored pesticides (toxic chemicals) shall not exceed the capacity of storage provided in the project documentation of the storage.
      5. Elaboration of requirements to conditions and order of storage of pesticides (toxic chemicals) as well as control over observance of mentioned demands shall be carried out by the bodies of the state sanitation-and-epidemiological control.
      Footnote. Article 19-9 as amended by the Law of the Republic of Kazakhstan dated 17. 07.2009 No. 189-IV (order of enforcement see Article 2)

Article 19-10. Requirements to safety of transportation of pesticides (toxic chemicals)

      1. Transportation of pesticides (toxic chemicals) shall be carried out in manner set by regulatory legal acts on the issues of transportation of dangerous loads by means of transport.
      2. Transfer of food product, forage, potable water with pesticides (toxic chemicals) or in means of transportation formerly used for transportation of pesticides (toxic chemicals) shall be expressly prohibited.
      3. Vehicles used for transportation of pesticides (toxic chemicals) shall not be used for transportation of other non-food loads without preliminary cleaning and disinfection of the vehicle.

Chapter 5. Sources of financing of measures of plants protection and responsibility for violation of the legislation of the Republic of Kazakhstan on plants protection

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dared 17.07.2009 No. 189-IV (order of enforcement see Article 2).

Article 20. Sources of financing of measures of plants protection

      1. Measures carried out on the account of budget funds shall include:
      1) performance of phytosanitary monitoring for detection of places of contamination by harmful and highly dangerous harmful organisms;
      2) purchase of pesticides (toxic chemicals) for performance of chemical treatment against highly dangerous harmful organisms as well as formation, storage and renewal of the stock of pesticides (toxic chemicals);
      3) customs declaring, storage and delivery of pesticides (toxic chemicals) to places of work performance;
      4) performance of chemical treatment of the areas inhibited by highly dangerous harmful organisms exceeding the economic threshold of harmfulness;
      5) performance of neutralization of pesticides (toxic chemicals) purchased out of the budget funds;
      6) conduct of applied scientific research in the field of plants protection;
      7) maintenance, building construction and repair of special storages (repositories).
      2. (excluded)
      3. The following phytosanitary measures shall be performed at the expense of the owners of objects subject to state phytosanitary control in the manner approved by the authorized body:
      1) neutralization of pesticides (toxic chemicals) purchased out of their own sources, under the order of state inspectors for plants protection;
      2) performance of phytosanitary measures with harmful organisms;
      3) analysis and expert examinaiton of agricultural production to determine the content of residual quantity of pesticides (toxic chemicals).
      4. Registration, production trials of pesticides (toxic chemicals) shall be performed at the expense of the manufacturer of pesticides (toxic chemicals) in the manner approved by the Government of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by the Laws of the Republic of Kazakhstan dated 09.07.2004 No. 584; dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); dated 30.06.2012 No. 297-IV (shall be enforced from 01.07.2010); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 21. Responsibility for violation of the legislation of the Republic of Kazakhstan on plants protection

      Violation of the legislation of the Republic of Kazakhstan entails responsibility established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (order of enforcement see Article 2).

      President
      of the Republic of Kazakhstan