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On food safety

Source: EC section, 05/23/2013 13:23:36

 

LAW OF 
THE REPUBLIC OF KAZAKHSTAN

On food safety

 

This Act establishes the legal framework to ensure food safety for the protection of human life and health, the legitimate interests of consumers and environmental protection in the Republic of Kazakhstan.

 

Chapter 1. General Provisions

 

Article 1. Basic concepts used in this Law

In this Law the following basic concepts:

1) food – products of plant, animal, mineral, microbial origin, which are used for animal feed, which are a source of food for humans;

2) feed additives – organic substances, mineral and (or) synthetic origin, used as sources of the missing nutrients and minerals and vitamins in the diet of animals that are the source of food for humans;

3) enriched (fortified) food products – food products, in which for increasing the nutritional value added one or more necessary ingredients (vitamins, minerals, proteins, amino or fatty acids) and other substances are not originally present therein or present in insufficient quantity or lost in the process (stage) production (manufacturing), administered for the prevention of disease;

4) baby food – food products for special purposes, meeting the physiological needs of the child’s body and intended for the nutrition of children under the age of three years;

5) food products subject to veterinary-sanitary control, – food products and raw materials of animal origin not used without appropriate treatment in food and feed and feed additives;

6) a veterinary certificate – a document prescribed form issued for each shipment of food products subject to veterinary and sanitary control on the state border of the Republic of Kazakhstan and transport by the authorized body in the field of veterinary medicine;

7) GM objects – raw vegetable products and (or) the animal produced using genetic engineering techniques, including genetically modified sources, organisms;

8) the date of manufacture – the date of completion of the process (stage) production (manufacturing) of food products;

9) health foods – foods for special purposes, intended for certain categories of persons for the prevention and (or) treatment;

10) Products preventive nutrition – specialized food products used in specialized diets intended for certain categories of persons, in order to prevent disturbances in the human body caused by chronic exposure to hazardous occupational factors;

11) identification number – a code including type of activity and number of the production facility;

12) adulterated food products – food products, knowingly and intentionally altered, counterfeit and (or) having hidden properties and quality of information on which is deliberately false or incomplete;

13) the expiry date – the period within which the food products considered safe for its intended use, subject to the conditions of the processes (stages) of production (manufacture), turnover of food products;

14) an unacceptable risk – the risk of exceeding the safety of food products, established in accordance with the laws of the Republic of Kazakhstan;

15) the risk – the probability of the adverse effects of food on human health and the effects of this influence, leading to the emergence of danger to human life and health;

16) Risk assessment – qualitative and (or) a quantitative assessment of the likelihood of entry, establishment or spread of a pest or disease and the associated potential biological and economic consequences and to assess the possibility of adverse effects on life and human or animal health arising from the presence of additives, contaminants , toxins or disease-causing organisms in food products;

17) risk management – risk identification, selection and implementation of measures taken to reduce it, as well as monitoring and verification;

18) risk analysis – the procedure for using available information to identify hazards and risk assessment consists of four interrelated components: Hazards identification, risk assessment, risk management and risk communication;

19) information about the risks – timely exchange of mutual information on risks between entities responsible for food safety, and the competent authorities and all other stakeholders;

20) dangerous food products – products, which when used may be an unacceptable risk to human life and health and the environment;

21) The destruction of dangerous food products – the impact of the food products unfit for consumption and (or) further processing, precluding its use for food purposes and access to human and animal;

22) regulatory and technical documents – documents required for regulatory processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products;

23) the nutritional value of products – the degree of satisfaction of the body of nutrients, is determined by their caloric content, composition and taste qualities;

24) food products subject to sanitary and epidemiological supervision, – food products, with the exception of food products subject to veterinary and sanitary inspection;

25) biologically active food additives – components of natural or identical to natural substances, intended for a single use or introduction into the food in order to enrich them, or for the prevention of diseases, except parapharmaceutics;

26) supplements – natural and artificial materials and their compounds specially introduced into the food in order to impart the desired properties without affecting their biological and energy value and not employed by themselves as foods;

27) food products – raw materials, food products, food products for special purposes, drinking water, food supplements and biologically active food additives that are used by man, feed and feed additives that are used animals that are sources of food for humans;

28) the materials and articles in contact with food (hereinafter – the materials and products), – materials and products used in the process (under) development (creation), production (manufacturing), circulation, utilization and disposal of food products, including technical equipment, instruments and devices, containers, packaging, utensils, cutlery;

29) development (creation) of food products – the process of creating samples and (or) normative-technical documentation necessary for the organization of a new production and (or) new food products;

30) the subject of development (creation), production (manufacturing), circulation, utilization and disposal of food products (hereinafter – the subject) – a natural or legal person who carries out work on the development (creation), production (manufacturing), circulation, utilization and disposal of food products;

31) utilization of food – technological processing of food products unusable for their intended purpose, in other food products;

32) Production (manufacturing) of food products – processes (stages) of manufacture of food products, including the actual manufacturing process and associated processes of packaging, packaging, labeling, as well as company-internal storage and transportation of food products;

33) the object of production (manufacturing), food products (hereinafter – the object of production) – plant for the production (manufacturing) of food products;

34) identification of food – the procedures for all processes (in stages) of development (creation), production (manufacturing), circulation and utilization of food recognition of certain products of distinctive signs;

35) the turnover of food products – processes (stages) of realization (sale or supply) of food products, including imports (imports) and export (export) of food products, as well as related processes of packaging, packaging, labeling, storage and transportation;

36) the biological value of food – characteristics of food products, including the calorie, protein, fat, carbohydrates, vitamins, macro- and micronutrients;

37) traceability of food products – traceability (the origin of the movement and location) of food products in all processes (in stages) of its development (creation), production (manufacturing), circulation, utilization and disposal;

38) food safety – no unacceptable risks in all processes (in stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products associated with causing harm to life and health of a person and a violation of the legitimate interests of consumers taking into account the combination the probability of a hazard and the severity of its consequences;

39) a document certifying the safety of food products – the sanitary-epidemiological conclusion, veterinary and sanitary conclusion, veterinary certificate, veterinary certificate, a certificate of conformity certifying the compliance of food products, compliance processes (stages) of development (creation), production (manufacturing), circulation , recycling and disposal of food products, conformity of machinery and equipment, materials and products used in the design (creation), production (manufacturing), circulation, utilization and disposal of food products, the requirements established by the legislation of the Republic of Kazakhstan on food safety;

40) technical regulations in the field of food safety – a normative act establishing mandatory requirements for food safety and (or) processes (stages) of its development (creation), production (manufacturing), circulation, utilization and destruction, to develop and apply in accordance with the laws of the Republic of Kazakhstan on technical regulation;

41) the competent authorities in the field of food safety (hereinafter – the authorized bodies) – government bodies implementing within its competence realization of the state policy and control in the area of ​​food safety;

42) index of food safety – the permissible level of chemical, radioactive, toxic substances and their compounds, microorganisms and other biological organisms that are dangerous to human and animal health;

43) batch of food products – a set of uniform food products produced (manufactured) and (or) packaged under identical conditions, followed by a document certifying its safety;

44) the energy value of food – the amount of energy released from food as a result of human or animal consumption, and ensuring their physiological functions;

45) food – products in natural or processed form, intended for human consumption;

46) marking – text, trademarks, symbol and images carrying information for the consumer and deposited on food products, documents, memos (package insert), label, back label, koleretki, labels, stickers (stickers), consumer packaging (packaging );

47) raw materials – objects of plant, animal, microbial, chemical and mineral origin, used for the production (manufacturing) of food products;

48) Organic food products – food products, made in accordance with the standards for the production (manufacturing) of environmentally friendly food products;

49) sign of environmentally friendly food products – registered mark, which confirms that the labeled food standards, environmentally friendly food products.

 

Article 2. Legislation of the Republic of Kazakhstan on food safety

1. Legislation of the Republic of Kazakhstan on food safety based on the Constitution of the Republic of Kazakhstan consists of this Law and other legal acts of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules than those contained in this Act, the rules of the international treaty.

 

Article 3. Scope of this Law

1. This Act applies to food products produced in the Republic of Kazakhstan and imported (imported) into the territory of the Republic of Kazakhstan, as well as on the processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products.

2. This Act shall not apply to food products homemade, intended for personal consumption.

 

Chapter 2. State regulation in the area

Food Safety

 

Article 4. The objectives and principles of state regulation in the field of food safety

1. The objectives of the state regulation in the area of ​​food safety are:

1) providing:

food safety for human life and health and the environment;

protect the legitimate interests of consumers; environmental safety; national security;

2) to promote entrepreneurship;

3) harmonization of the legislation of the Republic of Kazakhstan to the international standards and regulations for the protection of human life and health, the legitimate interests of consumers;

4) improving the competitiveness of domestic products;

5) creation of conditions for the development of international trade.

2. State regulation in the field of food safety is based on the following principles:

1) the priority of food safety for human life and health and the environment;

2) prevention of possible harmful effects on human health and the environment;

3) the transparency of the activities undertaken by the state;

4) openness, affordability, reliability of the information;

5) The scientific validity of the risk assessment;

6) traceability of food products in all processes (in stages) of its development (creation), production (manufacturing), circulation, utilization and disposal;

7) the responsibility for ensuring that the subjects of food safety in all processes (in stages) of its development (creation), production (manufacturing), circulation, utilization and disposal.

 

Article 5. Competence of the Government of the Republic of Kazakhstan

The competence of the Government of the Republic of Kazakhstan are:

1) the development of the main directions of the state policy in the field of food safety;

2) inter-sectoral coordination of the activities of the authorized bodies;

3) approval of regulatory legal acts in the area of food safety, with the exception of regulations, according to which the competence provided for in Article 6 of this Act;

4) approval of the industry (sectoral) programs in the field of food safety;

5) approval of the procedure:

the state registration of the first produced (manufactured) and was first imported (imported) into the territory of the Republic of Kazakhstan of feed additives;

disposal and destruction of food products, which represent a danger to life and health of humans and animals, the environment;

importation (import) of food products subject to state registration;

matching the competent authorities of compliance processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products, conformity of machinery and equipment, materials and products used in the design (creation), production (manufacturing), circulation, utilization and destruction, the requirements established by the legislation of the Republic of Kazakhstan on food safety;

enrichment (fortification) food products subject to sanitary and epidemiological supervision;

assigning account numbers production facilities;

conformity of food products with the requirements established by the legislation of the Republic of Kazakhstan on technical regulation;

monitoring and supervision of the conformity of food products in the process (in steps), its design (creation), production (manufacturing), circulation, utilization and destruction of relevant processes (stages) of development (creation), production (manufacturing), circulation, utilization and the destruction of food products to the requirements established by the legislation of the Republic of Kazakhstan on food safety;

circulation of genetically modified;

work on valid evidence of the safety of genetically modified objects;

6) perform other functions assigned to it by the Constitution and laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

 

Article 6. The competence of the authorized bodies

1. The competence of the authorized body in the field of public health concerns approval of the procedure:

of sanitary-epidemiological expertise of food to determine its safety;

issuing scientific centers of balneology Balneological findings on the use of natural mineralwaters;

turnover of biologically active food additives;

state registration, re-registration and revocation of the decision on state registration of child nutrition products, food and biologically active food additives, genetically modified objects, colors, materials and articles in contact with water and food, chemicals, certain types of products and substances that have a harmful effects on human health;

work on valid evidence of the safety of biologically active food additives;

the development of industry (sectoral) programs in the field of food safety;

other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. The competence of the authorized body in the field of sanitary and epidemiological welfare of the population are:

1) implementation of state policy in the field of safety of food products subject to sanitary and epidemiological supervision;

2) representation of the Republic of Kazakhstan in the international organizations to ensure the safety of food products subject to sanitary and epidemiological supervision;

3) organization, coordination and implementation of state control over compliance with the requirements established by legislation of the Republic of Kazakhstan on the safety of food products subject to sanitary and epidemiological supervision;

4) development of sanitary-epidemiological rules and norms and hygienic standards, technical regulations and regulatory documents in the field of safety of food products subject to sanitary and epidemiological supervision;

5) the establishment of consultative and advisory bodies on the safety of food products subject to sanitary and epidemiological supervision;

6) agreement:

expiry dates and conditions of storage of food products;

projects of technical standards in the field of safety of food products subject to sanitary and epidemiological supervision;

compliance processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products, conformity of machinery and equipment, materials and products used in the design (creation), production (manufacturing), circulation, utilization and disposal, requirements established by the legislation of the Republic of Kazakhstan on food safety, with the issuance of sanitary-epidemiological conclusion;

7) implementation of sanitary and epidemiological surveillance facilities and production facilities of internal trade to identify and develop measures to prevent the sale of dangerous food products subject to sanitary and epidemiological supervision;

8) monitor the activities of individuals and legal entities carrying out sanitary-epidemiological expertise of food to determine its safety;

9) state registration, re-registration and review the decision on the state registration of child nutrition products, dietary supplements, genetically modified objects, colors, materials and articles in contact with water and food, chemicals, certain types of products and substances that have a harmful effects on human health, the publication of the State register of substances and products authorized for use in the Republic of Kazakhstan, in the print media;

10) the organization and implementation of sanitary and epidemiological surveillance of the conformity of food products in the process (in steps), its design (creation), production (manufacturing), circulation and utilization for the relevant processes (stages) of development (creation), production (manufacturing) turnover, disposal and destruction of food, of the conformity of machinery and equipment, materials and products used in the design (creation), production (manufacturing), circulation, utilization and disposal of food products, the requirements established by the legislation of the Republic of Kazakhstan on food safety;

11) issue of the sanitary-epidemiological conclusion on the compliance of food products subject to sanitary and epidemiological supervision, the requirements established by the legislation of the Republic of Kazakhstan;

12) issue orders to eliminate violations of the requirements of this Act;

13) accounting and monitoring of production facilities and objects of domestic trade;

14) assigning account numbers objects production of food products subject to sanitary and epidemiological supervision, and maintenance of the registry;

15) other powers stipulated in this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

The competence of the territorial divisions of the authorized body in the field of sanitary and epidemiological welfare of the population on the state border of the Republic of Kazakhstan and the transport is determined by the laws of the Republic of Kazakhstan.

3. The competence of the authorized body in the field of veterinary medicine are:

1) implementation of state policy in the field of safety of food products subject to veterinary and sanitary control and supervision;

2) representation of the Republic of Kazakhstan in the international organizations to ensure the safety of food products subject to veterinary and sanitary control and supervision;

3) organization, coordination and implementation of the state control and supervision:

compliance with the requirements established by the legislation of the Republic of Kazakhstan on the safety of food products subject to veterinary and sanitary control and supervision;

the activities of individuals and legal entities carrying out veterinary-sanitary inspection of food to determine its safety;

4) the development of the industry (sectoral) programs in the field of food safety;

5) development of veterinary (veterinary and sanitary) rules and regulations, technical regulations, regulations in the field of safety of food products subject to veterinary and sanitary control and supervision;

6) establishment of consultative and advisory bodies on the safety of food products subject to veterinary and sanitary control and supervision;

7) the state registration of the first produced (manufactured) and was first imported (imported) into the territory of the Republic of Kazakhstan of feed additives;

8) of the State register of food additives permitted for production (manufacturing), import (import) the application and implementation of the Republic of Kazakhstan;

9) issuance of veterinary document of compliance of food products subject to veterinary and sanitary control and supervision of the requirements established by the legislation of the Republic of Kazakhstan;

10) coordination of projects of technical standards in the field of safety of food products subject to veterinary and sanitary control and supervision;

11) the organization and implementation of veterinary and sanitary control and supervision of the relevant processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products subject to veterinary and sanitary control and supervision of the requirements established by the legislation of the Republic of Kazakhstan;

12) The implementation of veterinary and sanitary control, supervision and monitoring of objects of domestic trade in order to identify and develop measures to prevent the sale of dangerous food products subject to veterinary and sanitary control and supervision;

13) The implementation of veterinary and sanitary control and supervision over the safety of food products subject to veterinary and sanitary control and supervision processes (in steps), production (manufacturing) and turnover of food products;

14) approval of the order of veterinary-sanitary inspection of food to determine its safety;

15) issue orders to eliminate violations of the requirements of this Act;

16) assigning account numbers objects production of food products subject to veterinary and sanitary control and supervision, and maintenance of the registry;

17) other powers stipulated in this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

The competence of the territorial divisions of the authorized body in the veterinary field is determined by the laws of the Republic of Kazakhstan.

4. The authorized body in the field of technical regulation controls and supervises compliance of food products with the technical regulations in the field of food safety at the stage of its implementation, except for procedures to be sanitary and epidemiological and veterinary-sanitary control and supervision, as well as other powers provided this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

 

Article 7. The competence of the local executive bodies of oblasts (city of republican status, capital)

The competence of the local executive bodies of oblasts (city of republican status, capital) in the field of safety of food products subject to sanitary and epidemiological supervision, include:

1) implementation of state policy in the field of safety of food products subject to sanitary and epidemiological supervision;

3) organization of work to conduct medical examinations and hygiene training entities associated with the development (creation), production (manufacturing), circulation, utilization and disposal of food products;

4) Organization and carrying out sanitary-epidemiological expertise of food to determine its safety;

5) the organization and implementation of sanitary and epidemiological surveillance of food safety processes (in steps), its design (creation), production (manufacturing), circulation and utilization for the relevant processes (stages) of development (creation), production (manufacturing) circulation, utilization and disposal of food products for conformity of machines, equipment, vehicles, materials and products used in the design (creation), production (manufacturing), circulation, utilization and disposal of food products, the requirements established by the legislation of the Republic of Kazakhstan on food safety products;

6) agreement:

projects of technical standards in the field of safety of food products subject to sanitary and epidemiological supervision;

compliance processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products, conformity of machinery and equipment, materials and products used in the design (creation), production (manufacturing), circulation, utilization and disposal, requirements established by the legislation of the Republic of Kazakhstan on food safety, with the issuance of sanitary-epidemiological conclusion;

7) registration and monitoring of production facilities and objects of domestic trade;

8) issuance of sanitary-epidemiological conclusion on the compliance of food products subject to sanitary and epidemiological supervision, the requirements established by the legislation of the Republic of Kazakhstan;

9) issuing orders to eliminate violations of the requirements of this Act;

10) implementation of the interests of local government other powers delegated to local executive bodies by the legislation of the Republic of Kazakhstan.

 

Article 8. State control and supervision of food safety

1. State control and supervision of food safety carried out by authorized bodies within their competence established by the laws of the Republic of Kazakhstan.

2. In order to exercise control and supervision of food safety state provides the organization of activities of state laboratories of veterinary-sanitary and sanitary-epidemiological expertise, including laboratories to determine the qualitative and quantitative composition of genetically modified objects and the level of radiation exposure, in accordance with international requirements, impose their material and technical base and staff.

 

Article 9. State registration, re-registration and review the decision on the state registration of food products

1. The Republic of Kazakhstan production (manufacturing), import (import) and sale of feed supplements, baby foods, food supplements and biologically active food additives, genetically modified objects, colors, materials and articles in contact with water and food, chemicals , certain types of products and substances that have harmful effects on human health, are permitted only after their state registration, except production (manufacturing), import (import) the samples required for the registration tests.

State registration shall be first produced (manufactured) and first imported (imported) into the territory of the Republic of Kazakhstan feed supplements, baby foods, food and biologically active food additives, genetically modified objects, colors, materials and articles in contact with water and food, chemicals, certain types of products and substances that have harmful effects on human health.

2. The state registration includes:

1) examination of the documents submitted by the subject and confirming compliance of food products with the requirements established by the legislation of the Republic of Kazakhstan on food safety, conditions of supply;

2) examination of the results of ongoing scientific and laboratory research;

3) introduction of the state registers of feed additives, baby foods, food supplements and biologically active food additives, genetically modified objects, colors, materials and articles in contact with water and food, chemicals, certain types of products and substances that have a deleterious effect health permitted for production (manufacturing), import (import) the application and implementation of the Republic of Kazakhstan.

3. No multiple state registration of food products of one type, one name, made by the same manufacturer.

4. The food products are subject to state registration, entry into the state registers of feed additives, baby foods, food supplements and biologically active food additives, genetically modified objects, colors, materials and articles in contact with water and food, chemicals, certain types products and substances that have harmful effects on human health are allowed to be used in the terms established by the competent authorities.

5. The re-registration and review the decision on the state registration of child nutrition products, food and biologically active food additives, genetically modified objects, colors, materials and articles in contact with water and food, chemicals, certain types of products and substances that have a deleterious effect on human health, are carried out in accordance with the legislation of the Republic of Kazakhstan.

 

Chapter 3. The rights and duties of subjects

 

Article 10. Rights of subjects

Subjects according to operations entitled to:

1) timely reliable information on the sanitary-epidemiological and veterinary-sanitary condition of the territory and (or) manufacturing facility and sites of internal trade in accordance with the legislation of the Republic of Kazakhstan;

2) apply to state agencies to conduct inspections to ensure compliance with sanitary-epidemiological rules and norms and hygienic standards, technical regulations and regulatory documents in the field of safety of food products subject to sanitary and epidemiological supervision, veterinary (veterinary and sanitary) rules and regulations, technical regulations and regulatory documents in the field of safety of food products subject to veterinary and sanitary control and supervision;

3) to take part in the anti-epidemic (preventive) and veterinary-sanitary measures in cases established by legislation of the Republic of Kazakhstan;

4) participate in the development of regulations, technical regulations in the field of food safety in accordance with the legislation of the Republic of Kazakhstan;

5) develop and approve standards of organizations that meet the requirements established by the legislation of the Republic of Kazakhstan on food safety;

6) Develop a program for the production control of food safety;

7) implement the system of quality management and food safety;

8) clean label food products with environmentally friendly food production standards at the compliance of its production;

9) to have other rights in accordance with the laws of the Republic of Kazakhstan.

 

Article 11. Responsibilities of subjects

Subjects according to operations must:

1) comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety;

2) To provide preliminary and periodic medical check-ups and hygiene training subjects;

3) to establish, in accordance with the laws of the Republic of Kazakhstan on food safety shelf life of food products in consultation with the competent authorities;

4) To ensure the safety production control of each batch of food production processes (by stages) of production (manufacturing), circulation and recycling;

5) provide information to the competent authorities of violations that led to the purchase of food products of hazards in the processes (in steps), its design (creation), production (manufacturing), circulation and recycling;

6) be directed to the appropriate examination of food products referred to in paragraph 5) of this section;

7) to immediately stop the process (stage) production (manufacturing), circulation and utilization of food in case the violation that led to the purchase of food products hazardous properties, to ensure its withdrawal from the objects of domestic trade and carrying out appropriate examination and then organize its recycling or killing in accordance with the procedure established by the Government of the Republic of Kazakhstan;

8) to submit documents certifying the safety of food products, the buyers (consumers) of food products, the competent authorities at their request;

9) to assist the competent authorities on the prevention and reduction of risks associated with food they produced, sold or disposed of;

10) ensure the identification and traceability of food products in all processes (in stages) of its development (creation), production (manufacturing), circulation, utilization and disposal.

 

Chapter 4. Requirements for food safety

 

Article 12. Requirements for food safety, and measures to ensure

1. Requirements for the safety of food products and processes (stages) of its development (creation), production (manufacturing), circulation, utilization and disposal established by the legislation of the Republic of Kazakhstan on food safety, are binding for the subjects.

2. Food safety is ensured through:

1) compliance with the requirements of the subjects prescribed by the legislation of the Republic of Kazakhstan on food safety;

2) the subject of production control over the compliance of processes (stages) of development (creation), production (manufacturing), circulation and utilization of food products to the requirements established by the legislation of the Republic of Kazakhstan on food safety;

3) the conformity of food products with the requirements established by the legislation of the Republic of Kazakhstan on technical regulation;

4) carrying out sanitary-epidemiological and veterinary-sanitary inspection;

5) the application of measures of state regulation in the field of food safety.

3. Processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products carried out in coordination with the competent authorities.

4. It is not allowed to the processes (stages) of production (manufacturing), circulation and utilization of food products which do not comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety, one of the following:

1) has clear signs of poor quality (deterioration, decay, pollution);

2) exceed the radiological, toxicological, chemical and (or) the microbiological standards;

3) has no documents certifying its safety and confirming its origin;

4) has established shelf life or expiration date;

5) does not have a label containing information required by the legislation of the Republic of Kazakhstan on food safety;

6) does not correspond to the information provided;

7) is adulterated food products.

5. The turnover of genetically modified and biologically active food additives shall be permitted only after confirmation of their science-based security, which the conduct of the procedure established bythe legislation of the Republic of Kazakhstan and of their state registration.

 

Article 13. Requirements for the safety of food products for special purposes

1. Food products for special purposes are:

1) baby food;

2) health foods;

3) Products preventive nutrition.

2. Food products for special purposes shall:

1) comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety requirements for food products for special purposes;

2) to satisfy the physiological needs of the groups of buyers (consumers);

3) comply with the food, biological and energy value of the information specified on the packaging (box).

3. It is prohibited in the production (manufacturing) special products use artificial food additives and food raw materials, manufactured with the use of feed and feed additives, animal growth stimulants (including hormone preparations), certain kinds of drugs, pesticides, agricultural chemicals, genetically modified biologically active additives to food.

 

Article 14. Requirements for food products subject to enrichment (fortification)

1. Food products may be enriched (fortified). For enrichment (fortification) food products can be used vitamins and minerals that have passed sanitary-epidemiological expertise.

2. Methods of enrichment (fortification) and used in the process of enrichment (fortification) food materials and products must conform to the requirements of technical standards, sanitary and epidemiological rules and norms and other normative documents on standardization.

 

Article 15. Requirements for food safety in its design (creation)

1. The regulatory and technical documentation developed by a subject, comprising:

1) indicators of food safety;

2) the shelf life of food products;

3) requirements for packaging, labeling, conditions of processes (stages) of development (creation), production (manufacturing), turnover of food products;

4) production control program for food safety;

5) methods of research, risk assessment, ways to minimize them;

6) methods of disposal and destruction of dangerous food products.

2. Projects of normative and technical documentation and prototypes of food products are subject to sanitary-epidemiological and veterinary-sanitary examination in the manner prescribed by the competent authorities.

These projects are coordinated with the authorities, and approved by the subjects are compulsory for them.

3. In developing the (establishment) should be identified all possible risks in the process (in steps), production (manufacturing), circulation, utilization and disposal of food production, including in emergency situations of natural and man-made, the alleged errors of staff subjects.

The risk assessment for all identified hazards carried out calculations, experimental and (or) by experts with providing the possibility of its verification.

4. In view of the assessment of risks for each type of food production in developing (creating) must be specified all package of measures to eliminate or mitigate (reduce) the risk to an acceptable (acceptable) level in all processes (in stages), production (manufacturing), circulation , recycling and disposal of food products.

 

Article 16. Requirements for food safety in its production (manufacture)

1. For the production (manufacturing) of food products should be used raw materials and food additives, relevant standards established by the legislation of the Republic of Kazakhstan on food safety.

2. In the production (manufacture) of plant and animal raw materials used for food purposes, are allowed feed additives, animal growth stimulants, pesticides, agrochemicals, passed state registration, except in cases provided for by paragraph 3 of Article 13 of this Law.

3. Replacement of the individual ingredients produced (manufactured) food is produced in consultation with the competent authority in the field of sanitary and epidemiological welfare of the population.

4. equipment, land, water, sewage, heating, ventilation, lighting, industrial, auxiliary, sanitary facilities production facilities, storage of food products, objects of domestic trade and working conditions of staff entities must comply with the requirements established by the legislation of the Republic of Kazakhstan.

Evaluation of environmental aspects associated with the production (manufacturing) of food products, carried out in accordance with the environmental legislation of the Republic of Kazakhstan.

5. Assign account numbers objects production is carried out by authorized bodies in accordance with the legislation of the Republic of Kazakhstan.

 

Article 17. Requirements for food safety in its packing, packaging and labeling

1. Food products must be packaged and packaged in a way to ensure its security on turnover, in accordance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. The documents, leaflets (package insert), label, back label, koleretkah, labels, decals (stickers), in addition to the information specified by the legislation of the Republic of Kazakhstan on food safety, taking into account the types of food products must be listed on the Kazakh and Russian languages information (about):

1) food and biological value of the product;

2) the appointment and conditions of use (for food products for special purposes);

3) the methods and conditions of manufacture of food products (for concentrates and semi-finished food products);

4) conditions of storage and shelf-life;

5) the date of manufacture of food products;

6) composition, including the presence and quantity of food additives, fodder and fodder additives, biologically active food additives, genetically modified objects.

3. The shelf life of food products indicated in the following form:

1) The “best before”;

2) The “best before”.

 

Article 18. Requirements for the food safety during storage and transportation

1. Storage and transport of food products shall be carried out under conditions ensuring its security, in accordance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. Storage of food products is permitted in specially equipped premises, facilities which must comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

3. For the transport of food products using specially designed and (or) equipped for such purpose vehicles.

4. If during storage and (or) transportation of food violation, which led to the acquisition of its hazardous properties, it is routed to the appropriate examination, the results of which is disposed of or destroyed.

 

Article 19. Requirements for the food safety of its implementation

1. Implementation of food products is only permitted at the sites of domestic trade, the relevant requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. If the implementation of food violation, which led to the acquisition of its hazardous properties, it can not be directed to the implementation and proper examination, the results of which is disposed of or destroyed.

3. Food products are exported (exported) from the Republic of Kazakhstan, shall comply with the requirements established by the legislation of the Republic of Kazakhstan, unless legislation, standards of the importing country requires otherwise.

4. The sale of food products with no documents certifying its compliance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

 

Article 20. Requirements for food safety, import (import) of which is carried out on the territory of the Republic of Kazakhstan

1. Safety of food production, importation (import) of which is carried out on the territory of the Republic of Kazakhstan, shall comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. It is forbidden to import (import) the territory of the Republic of Kazakhstan of food products:

1) has no documents certifying its compliance with the requirements established by the legislation of the Republic of Kazakhstan on food safety;

2) passed state registration in accordance with the requirements set out in Article 9 of this Act.

3. checkpoints across the state border of the Republic of Kazakhstan officials exercising state control and supervision, within its competence, conduct inspections of food, check its shipping documents.

If food production, importation (import) of which is carried out on the territory of the Republic of Kazakhstan does not meet the requirements established by paragraph 4 of Article 12 of this Law, the officials referred to in the first part of this paragraph, shall decide on the temporary suspension of its import (import) and the direction of the appropriate expertise and establish a ban on its import (import) the territory of the Republic of Kazakhstan in the manner prescribed by the laws of the Republic of Kazakhstan.

4. The subject shall, within three days to remove from the territory of the Republic of Kazakhstan food products deemed dangerous by the results of the relevant examination.

If a dangerous food products in the period established by the first part of this paragraph is not exported from the Republic of Kazakhstan, it is disposed of or destroyed in accordance with the legislation of the Republic of Kazakhstan on food safety.

 

Article 21. Requirements for termination of one or more processes (stages) of production (manufacture), turnover or recycling of dangerous food products

1. Subject to the detection of non-compliance of food safety requirements established by this Act, or pursuant to regulations of the authorized body shall terminate one or more processes (stages) of production (manufacture), turnover or recycling of dangerous food products.

2. Failure to take measures imposed by paragraph 1 of this Article shall be held accountable in accordance with the laws of the Republic of Kazakhstan.

 

Article 22. Requirements for the personnel of subjects

Staff actors involved in the process (in steps), production (manufacturing), circulation and utilization of food products must undergo preliminary and periodic medical examinations, as well as hygiene education in accordance with the legislation of the Republic of Kazakhstan.

Prohibited access to the processes (stages) of development (creation), production (manufacturing), circulation and utilization of food staff subjects not passed the preliminary and periodic medical examinations, as well as patients with infectious diseases, which are the carriers of different sources of disease, to negative results of laboratory studies.

 

Article 23. Requirements for equipment, materials and products used in the process (under) development (creation), production (manufacturing) and turnover of food products and materials and articles in contact with food

1. Machinery and equipment, materials and products used in the process (under) development (creation), production (manufacturing) and turnover of food products, should:

1) comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety;

2) be used only for its intended purpose.

The materials and articles in contact with food must be accompanied by a document certifying the safety issued by the authorized body in the field of sanitary and epidemiological welfare of the population.

2. All parts of the transport containers (tanks, tankers and other), piping, pumps, hoses, machines, vehicles, equipment and facilities in contact with food must be made of materials approved for use in accordance with the laws of the Republic of Kazakhstan.

3. The document certifying the safety of the materials and articles in contact with food products must contain the information necessary for the identification and assessment of risks, including:

1) chemical, biological and physical characteristics;

2) application, the method of use;

3) the origin and production method;

4) the method of delivery, packaging and storage conditions;

5) preparation prior to use;

6) acceptance criteria.

 

Article 24. Requirements for the traceability of food products

1. The traceability of food must be ensured in all processes (in stages) of its development (creation), production (manufacturing), circulation, utilization and disposal.

2. Traceability of food products is provided by:

1) identification;

2) collecting and recording data;

3) information on the interactions between the actors;

4) data exchange.

3. Traceability of food products provided by the subjects during the development (creation), production (manufacturing), circulation, utilization and disposal of food products through the development of technical passports, which is the mark of carrying out the necessary technological and control operations, indicates the detection of defects and the measures taken to eliminate them.

Making these documents is carried out with the application of the relevant subjects of stamps and signatures.

Writing data on traceability of food products stored in the period of one year from the date of expiry of its validity.

4. The food products are to be implemented, it should be identified for future traceability and labeling have.

 

Article 25. Requirements for production control of food safety

1. Production control Food safety is carried out in accordance with the procedure developed by the subjects in accordance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. Production control of food safety is carried out by qualified and (or) accredited laboratories (centers) in accordance with the legislation of the Republic of Kazakhstan.

 

Article 26. Specific requirements for environmentally friendly food products

1. Production (Production), environmentally friendly labeling of food products carried out in accordance with the requirements of normative documents on standardization on production (manufacture) of ecologically clean food products.

2. Organic food products marked with the sign of eco-friendly food products only in accordance with the requirements established by paragraph 1 of this article.

 

Article 27. Specific requirements for the safety of drinking water

1. Drinking water must meet the requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. Requirements for technical devices of water intake facilities, water treatment plants, pumping stations, water conveyance networks, water storage tanks, facilities for water recycling in terms of the safety of drinking water established by the legislation of the Republic of Kazakhstan of the sanitary and epidemiological welfare of the population.

3. Sources of water supply and waterworks, supplying water for drinking and sanitary needs of surface and groundwater sources should have sanitary protection zone in accordance with the requirements established by the legislation of the Republic of Kazakhstan.

4. Requirements for site selection for water treatment plants, pumping stations and the first lifting pumping raw water intake site for the construction of underground and surface water, plants for drinking water supply system, placed on the territory of the organization, reservoirs and water towers, abutting to the fence structures established by the legislation the Republic of Kazakhstan of the sanitary and epidemiological welfare of the population.

5. Use natural mineral water is allowed only after receiving them balneotherapeutic conclusion balneology research centers in order established by the authorized body in the field of health.

 

Article 28. Specific requirements for the safety of feed and feed additives

1. Feed additives must comply with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

2. Feed and feed additives must be of the best in veterinary and sanitary areas.

3. Inspection and laboratory examination of imported (imported) and exported (exported) to (c) area (s) of the Republic of Kazakhstan feeds and feed additives are required in view of the epizootic situation of territory and their place of origin.

 

Chapter 5. Procedures to ensure food safety

 

Article 29. Confirmation of food safety

1. Confirmation of food safety is carried out in accordance with the legislation of the Republic of Kazakhstan on technical regulation.

2. Documents in the field of conformity issued by a foreign state shall be valid in the Republic of Kazakhstan subject to their recognition in the state system of technical regulation in accordance with the laws of the Republic of Kazakhstan on technical regulation.

 

Article 30. Identification of food products

1. Identification of the food is provided by the following procedures:

1) determine the size of the party of food products;

2) methods of identification (nd batch coding of food);

3) the relevant records for the purpose of traceability of the return journey.

2. In food products and (or) its packaging (containers) must be clearly and indelibly identification label containing the following information:

1) the name of the food production and (or) the designation of series or type, number;

2) the name of the producer (manufacturer) and its registered address;

3) mark of conformity in cases stipulated by technical regulations in the field of food safety;

4) the date of manufacture and expiry date.

On certain types of food products, certain technical regulations, and (or) on the package (container) must indicate the registration number of the production facility assigned in the order established by the Government of the Republic of Kazakhstan.

3. All potential risks must be identified.

 

Article 31 Analysis, assessment and risk management

1. Application of measures to ensure food safety should be based on risk analysis.

2. In assessing the risk of food safety should be used the available scientific data, appropriate methods of processing and production (manufacturing), the methods of inspection, sampling, laboratory studies, the prevalence of specific diseases, the presence of zones free of disease.

3. Risk assessment of food safety is carried out by:

1) identify the characteristics of food products, which can cause harmful effects on the human body and designed for the production of food animals;

2) analyze the impact of each of the identified potential hazards on the human body and their consequences;

3) the definition of measures to limit the risks identified.

4. The risk assessment of food safety is carried out as a comprehensive risk assessment in laboratory studies of food products.

5. For information on risk assessment and measures for its limitation in all processes (in stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products must be kept in the normative and technical documentation.

It is not allowed to develop (create) new types of food products without conducting a risk analysis in accordance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.

6. Risk management should be based on risk assessment, as well as on the principle of prevention of possible harmful effects on human life and health.

 

Article 32. Warning of possible harmful effects on human life and health

1. Where in the analysis and risk assessment identified the possibility of harmful effects on human life and health, but the scientific evidence available is insufficient to determine its extent, the competent authorities shall take provisional measures of risk management.

2. Interim risk management measures should be reviewed for a minimum period of time required to obtain scientific information clarifying the extent of risk.

 

Chapter 6. FINAL PROVISIONS

 

Article 33. Responsibility for violation of legislation of the Republic of Kazakhstan on food safety

Violation of the legislation of the Republic of Kazakhstan on food safety entails responsibility in accordance with the laws of the Republic of Kazakhstan.

 

Article 34. Features of processes (stages) of development (creation), production (manufacturing), circulation, utilization and disposal of food products containing genetically modified in the transition period

Before the establishment of scientifically sound confirm the safety of genetically modified food adopted in the level of their content in food products does not exceed the established in the European Union.

 

Article 35. The order of enactment of this Act

1. This law comes into force on 1 January 2008.

2. To declare invalid the Law of the Republic of Kazakhstan on April 8, 2004. “On quality and food safety” (Bulletin of the Parliament of the Republic of Kazakhstan, 2004, № 6, Art. 43).

 

The president

Republic of Kazakhstan

N. Nazarbayev

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