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Plant Quarantine Act

Source: EC section, 05/23/2013 13:03:00

 

Law of the Republic of Kazakhstan dated February 11, 1999 № 344-I 
On Plant Quarantine

 

This Law defines the legal basis, goals, objectives and principles for the implementation of measures for plant quarantine, which are part of the national security system 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) an alien species – a kind of insect, pathogen of plants and weeds, which is absent in the flora and fauna of the Republic of Kazakhstan, which in the case of penetration may cause significant economic and environmental damage;

2) introduction and quarantine nurseries – nurseries are specially equipped to detect in imported seed and planting material of latent infection quarantine objects and other especially dangerous pests;

4) regulated products (regulated goods regulated articles regulated goods) (hereinafter – regulated products) – the plants, plant products, packaging, freight, soil organisms or materials which can be carriers of quarantine objects (quarantine harmful organisms) and (or) to facilitate their dissemination, included in the list of regulated products and in respect of which it is necessary the adoption of quarantine measures;

4-1) the list of regulated products – the list of regulated products subject to state control in the field of plant quarantine;

5) quarantine zone – an area declared in a prescribed manner under quarantine due to the detection of quarantine objects;

6) quarantine objects – according to the approved list of quarantine pests, plant pathogens or weed, which can cause significant damage to plants and plant products, absence or limited distribution in the territory of the Republic of Kazakhstan;

7) center spread of quarantine pests – the territory that has the quarantine facility should be carried out and where the activities are carried out or on plant quarantine;

8) quarantine certificate – a document certifying the state of quarantine regulated products intended for domestic shipments;

9) quarantine measure – a procedure aimed at preventing the penetration or spread of quarantine objects on the territory of the Republic of Kazakhstan;

10) authorized body on Plant Quarantine (hereinafter – the authorized body) – the central executive body carrying out the management and implementation of the state policy in the field of plant quarantine, as well as within their powers inter-sectoral coordination;

11) activities on plant quarantine – a system of government measures aimed at organizing and carrying out work to identify, locate and eliminate hotbeds of quarantine facilities, decontamination, technical processing, treatment and disposal of contaminated products subject to quarantine, disinfection and cleaning of buildings and vehicles;

12) The Republican State Enterprise for plant quarantine – Republican state enterprise on the right of business generated by the Government of the Republic of Kazakhstan;

14) the quarantine of plants (phytosanitary protection) – the legal regime providing for a system of measures for plant quarantine aimed at protecting plant resources of Kazakhstan and plant products from the quarantine objects;

15) phytosanitary control post – a division of the authorized body department, located on the territory of the border and customs checkpoints (checkpoints across the state border of the Republic of Kazakhstan, which coincides with the customs border of the Customs Union), equipped with the necessary equipment and appliances, exercising state supervision in the field of plant quarantine;

16) phytosanitary certificate – a document certifying the state of export quarantine regulated products;

17) pest risk assessment – science-based assessment of the likelihood of entry, establishment or spread of quarantine objects considering phytosanitary measures which might be applied, and the associated potential biological and economic consequences, conducted by research organizations and the competent authority;

18) fumigation units – units of the Republican State Enterprise for plant quarantine, disinfection of regulated products carrying gas disinfestation method in accordance with the requirements of the authorized body or on the appeals of individuals and legal entities.

 

Article 2. Legislation of the Republic of Kazakhstan in the field of plant quarantine

1. Legislation of the Republic of Kazakhstan in the field of plant quarantine is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulations.

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

 

Article 3. The main tasks of plant quarantine

The main tasks of plant quarantine are:

1) Protection of the Republic of Kazakhstan from entering or independent penetration from foreign countries or from the quarantine area of ​​quarantine objects;

2) Identification, localization and liquidation of quarantine objects, as well as prevention of their penetration to the regions of the Republic of Kazakhstan, where they do not exist;

3) carry out state control and supervision over observance of the legislation of the Republic of Kazakhstan in the field of plant quarantine.

 

Article 4. Principles of plant quarantine measures

The principles of implementation of the activities on plant quarantine in the Republic of Kazakhstan are:

1) protection of plant resources and plant products from damage and destruction of quarantine objects in order to maintain food and raw material security of the Republic of Kazakhstan and the preservation of the property;

2) government regulation, state control and supervision in the field of plant quarantine and responsibility for violation of legislation of the Republic of Kazakhstan in the field of plant quarantine;

3) an objective, science-based assessment of the possible impact of the quarantine facilities in the plant resources and plant products and prevent possible damage caused by them;

4) the active participation of the population, legal entities and individuals, organizations, governments and local authorities in the implementation of activities on plant quarantine;

5) International cooperation in the field of plant quarantine.

Chapter 2. State regulation in the field of plant quarantine

Article 5. State regulation in the field of plant quarantine

State regulation in the field of plant quarantine implemented by the Government of the Republic of Kazakhstan, the competent authority, including the authority to territorial divisions, including phytosanitary control posts.

 

Article 6. State system for ensuring plant quarantine

The state system of ensuring plant quarantine of the Republic of Kazakhstan includes:

1) The Government of the Republic of Kazakhstan;

2) the authorized body;

3) government agencies to ensure the plant quarantine: republican zonal laboratories and quarantine laboratory at phytosanitary control posts;

introduction and quarantine nurseries;

Republican methodical center of phytosanitary diagnostics and forecasts;

4) The Republican State Enterprise for plant quarantine phytosanitary laboratories and fumigation team.

 

Article 6-1. The competence of the Government of the Republic of Kazakhstan

The Government of the Republic of Kazakhstan:

1) develop the main directions of the state policy in the field of plant quarantine;

2) ensure the development of relations between the Republic of Kazakhstan and foreign states in the field of plant quarantine;

3) approve the industry (sectoral) programs in the field of plant quarantine;

4) approve the rules for the protection of the territory of the Republic of Kazakhstan from quarantine objects and alien species;

5) approves the list of quarantine objects and alien species in relation to which are established and implemented activities on plant quarantine;

6) decide on the establishment of a quarantine area with the introduction of quarantine regime or its cancellation in two or more regions;

7) establish state institutions and the republican state enterprise for use in quarantine of plants;

8) approve the rules for the removal and destruction of regulated products infected quarantine objects not subject to decontamination and recycling;

9) approve the phytosanitary requirements to be met by imported quarantine products;

10) approve the list of regulated products;

11) performs 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 7. Competence of the authorized body

1. The authorized body:

1) generates and implements the state policy in the field of plant quarantine;

1-1) carries out state control and supervision in the field of plant quarantine;

2) determine the list of quarantine facilities in respect of which are set and implemented activities on plant quarantine;

3) creating a database on the availability and distribution of quarantine facilities in the Republic of Kazakhstan and other countries, the measures and actions to combat them, and provide information to interested parties;

4) organizes, coordinates and supervises the conduct of applied research in the field of plant quarantine;

5) approves the position of the state inspectors on plant quarantine;

6) develop rules for the collection and destruction of regulated products infected quarantine objects not subject to decontamination and recycling;

6-1) develops phytosanitary requirements for quarantine of imported products;

6-2) is developing a list of regulated products;

7) develop and approve within its competence, normative acts in the field of plant quarantine;

8) coordinates the methods, techniques, guidelines governing the procedure and how to implement activities on plant quarantine;

9) is developing in conjunction with research organizations quarantine measures based on scientific principles of risk assessment to meet the requirements of international standards and recommendations, and provides continuous monitoring and supervision of the implementation of natural and legal persons;

10) establishes qualification requirements for the position of Chief Inspector of Plant Quarantine and state inspectors on plant quarantine;

11) organizes activities on plant quarantine and exercises control and supervision over their implementation;

12) determine the conditions of transit of regulated products;

13) carries out government procurement of pesticides (toxic chemicals), works and services for their storage, transportation, use for activities on plant quarantine in accordance with the legislation of the Republic of Kazakhstan on state procurement;

14) creates a supply of pesticides (chemicals) for activities on plant quarantine in accordance with the legislation of the Republic of Kazakhstan;

15) are distributed over the territory of the Republic of Kazakhstan pesticides (insecticides), acquired at the expense of budget funds for activities on plant quarantine;

16) carries out phytosanitary control posts at the primary permanent quarantine inspection of imported regulated products, if needed – laboratory examination with sampling, vehicles, luggage and hand luggage and considers quarantine on imported documents and transit of regulated products;

17) holds in the final destination of the imported products subject to quarantine a permanent secondary quarantine inspection of the products, if needed – laboratory examination with sampling, taking into account the phytosanitary characteristics of the area and its origin, destination, and the free zones of quarantine facilities or their low prevalence, and considers quarantine documents;

18) held in place by shipment of regulated products exported permanent quarantine inspection, if necessary – laboratory examination with sampling and phytosanitary certification;

19) considers the permanent presence and accuracy of the documents in the quarantine phytosanitary control posts, exported and transit of regulated products;

20) carries out a permanent inspection of regulated products, if needed – laboratory examination with sampling and examines quarantine documents on objects of domestic trade and in the organizations of the Republic of Kazakhstan;

21) carries out constant monitoring sampling surveys of territories and premises, objects of domestic trade, the peasant or farm, gardens and suburban farms, growers harvested, stored, processing and selling products of plant origin, agricultural land, forest, water and other purposes;

23) issues and supervises the implementation of regulations:

to eliminate violations of the legislation of the Republic of Kazakhstan in the field of plant quarantine;

on the implementation of activities on plant quarantine;

23-1) submits a petition to ban or suspend the activities of individual entrepreneurs and legal entities in the manner and on the grounds established by legislative acts of the Republic of Kazakhstan;

24) organizes and controls the activities on the study of imported seed and planting material in the introduction and quarantine nurseries for the presence of latent infection of quarantine objects and alien species;

25) issue phytosanitary and quarantine certificates for regulated products;

26) make proposals to the Government of the Republic of Kazakhstan and local executive bodies on the establishment of a quarantine area with the introduction of quarantine regime, or its cancellation, as well as developing a procedure of plant quarantine measures in these areas, and exercises control and supervision over their implementation;

28) ensures the implementation of international standards and requirements, in accordance with the agreements concluded in the field of plant quarantine;

29) carry out international cooperation in the field of plant quarantine;

30) develops and approves form of mandatory departmental reporting, checklists, risk assessment criteria, semi-annual plans of audits in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan”;

31) exercise 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.

2. The head of department is the Chief State Inspector of Plant Quarantine of the Republic of Kazakhstan, and his deputy – Deputy Chief State Inspector of Plant Quarantine of the Republic of Kazakhstan.

Head of the regional (city of republican status, capital) of the territorial divisions of agencies are the main state inspectors on plant quarantine respective areas (cities of republican status, capital).

Other officials of Ministry and its territorial units directly exercising state control and supervision in the field of plant quarantine are state inspectors on plant quarantine.

3. The authorized body carries out its activities in cooperation with the border, customs, law enforcement and other government agencies.

4. The decision of the authorized body, taken within its powers are binding on officials, individuals and legal entities.

5. The state bodies and their officials are obliged to assist the competent authority in the decision of the tasks.

 

Article 7-1. The functions of state institutions to ensure the Plant Quarantine

1. Republican zonal laboratories and quarantine phytosanitary laboratory at checkpoints determine the species composition of quarantine objects and alien species in the samples arriving at the laboratory examination.

2. introduction and quarantine nurseries detect latent infection in the import, plants for planting entering the test.

3. Republican methodical center of phytosanitary diagnostics and projections reveals hotbeds of quarantine facilities and defines the boundaries of their distribution.

 

Article 7-2. State monopoly in the field of plant quarantine

1. Localization and elimination of hotbeds of quarantine facilities are state monopoly and implemented a republican state enterprise for use in quarantine plants.

Activities for the implementation of phytosanitary examination of regulated products is a technology-related activities to localize and eliminate hotbeds of quarantine facilities.

2. The prices for goods (works, services) produced and (or) sold subject to a state monopoly, established by the Government of the Republic of Kazakhstan.

 

Article 8. Rights of the state inspectors on plant quarantine

In exercising state control and supervision in the field of plant quarantine state inspectors on plant quarantine are entitled to:

1) delay in accordance with the legislation of the Republic of Kazakhstan, regulated products and objects of control and supervision of plant quarantine for the period of examination, inspection, phytosanitary examination and, if necessary, disinfection, as well as their transportation without phytosanitary or quarantine certificate or in cases non-compliance with phytosanitary requirements;

1-1) applied (administered) temporary quarantine measures for regulated products imported from other countries, information on the phytosanitary state which have not been studied, as well as the lack of scientific evidence on the basis of available information, including information from relevant international organizations, and information on phytosanitary measures adopted by other States;

2) to visit and carry out inspection of state control in the field of plant quarantine requirements for compliance with the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and decrees of the Government of the Republic of Kazakhstan, to obtain the necessary authority to carry out their information in accordance with the legislation of the Republic of Kazakhstan;

3) take samples of regulated products for laboratory examination;

4) to make individuals and legal entities of instruction on the necessary measures for plant quarantine in the outbreak of quarantine facilities and transport;

5) involve administrative responsibility of officials, natural and legal persons who have committed violations of the law of the Republic of Kazakhstan in the field of plant quarantine;

6) to suspend the activities of individual entrepreneurs and legal entities in extreme cases identifying quarantine objects without trial for a period of not more than three days from the obligatory presentation within the specified period the claim to the court for the suspension or prohibition of activities. At the same time an act to ban or suspend the activities of acts prior to adjudication.

 

Article 8-1. Stocks of pesticides (toxic chemicals) to localize and eliminate hotbeds of quarantine objects

1. stocks of pesticides (toxic chemicals) to localize and eliminate hotbeds of quarantine facilities is regularly updated certain amount of pesticides (insecticides) and is public property, which is run (disposal) of the authorized body.

2. stocks of pesticides (chemicals) for localization and liquidation of the revealed centers of quarantine facilities and is formed from the amount of pesticides (insecticides), purchased at the expense of budget funds.

Article 9. Responsibilities of persons whose activities are related to regulated products

Public bodies, individuals and legal entities whose activities are related to the production, harvesting, processing, storage, transportation and sale of regulated products must:

1) to respect and comply with the requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine and regulations of the authorized body of relevant activities on plant quarantine;

2) to present at the request of state inspectors on plant quarantine information about the availability of regulated products and quarantine objects;

3) to provide a systematic survey of crops, areas, warehouses, stores the regulated products, as well as to provide for the inspection and examination of existing regulated products;

4) in the case of quarantine facilities immediately notify the competent authority.

Article 9-1. The jurisdiction of local executive bodies of oblasts (city of republican status, capital)

Local executive bodies of oblasts (city of republican status, capital):

1) maintain records of quarantine facilities and provide information to the authorized body and other interested parties;

2) quarantine areas in railway stations, sea and river ports (quays), airports, bus stations (bus stations), on objects of domestic trade, organizations of postal communication and other objects organize the activities on plant quarantine individuals and legal entities – the owners these objects, as well as public authorities.

3) decide on the establishment of a quarantine area with the introduction of quarantine regime or its cancellation in the respective territories of the authorized body;

4) carried out in the interests of local government other powers delegated to local executive bodies by the legislation of the Republic of Kazakhstan.

 

Article 9-2. State control and supervision in the field of plant quarantine

1. State control and supervision in the field of plant quarantine is carried out in the form of checks and other forms.

2. Verification 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 are carried out in accordance with this Law.

 

Chapter 3. The state control and supervision in the field of plant quarantine

Article 10. Exercise of state supervision in the field of plant quarantine

The state supervision in the field of plant quarantine is carried out by the authority.

To conduct surveillance on plant quarantine in automobile checkpoints across the state border of the Republic of Kazakhstan, which coincides with the customs boundary of the Customs Union, customs authorities seconded state inspectors on plant quarantine.

Supervision on Plant Quarantine, carried out in accordance with subparagraphs 16) and 19) Clause 1, Article 7 of this Act, in the automobile checkpoints across the state border of the Republic of Kazakhstan, which coincides with the customs boundary of the Customs Union, carried out by state inspectors on plant quarantine, seconded to the customs authorities Republic of Kazakhstan.

Conducting permanent quarantine inspections of regulated products, its laboratory examination with sampling, control of sample surveys, review of quarantine documents and overseeing the implementation of measures for plant quarantine to prevent the entry into the territory of the Republic of Kazakhstan quarantine objects, timely detection, localization and liquidation of the available seats of their Distribution aimed at protecting vegetation and food resources, avoiding unforeseen expenses of budgetary funds for the fight against quarantine objects, as well as increasing the competitiveness of domestic products.

The state supervision in the field of plant quarantine and conduct quarantine measures aimed at the preservation of property of people belonging to the objects of surveillance on plant quarantine.

 

Article 11. The officials exercising state control and supervision in the field of plant quarantine

1. Officials of the department and its territorial divisions with phytosanitary control posts directly exercising state supervision in the field of plant quarantine, provided with uniform (without shoulder straps).

The list of officials entitled to wear uniform (without shoulder straps), samples of uniforms (without shoulder straps) and the procedure for carrying determined by the authority.

Natural standards provide uniforms (without shoulder straps) approved by the Government of the Republic of Kazakhstan.

2. Officials exercising state control and supervision in the field of plant quarantine are entitled to compensation in case of death or injury to the procedure established by the civil legislation of the Republic of Kazakhstan.

 

Article 12. Objects of state control and supervision in the field of plant quarantine

The objects of state control and supervision in the field of plant quarantine are:

1) The seed and planting material of agricultural, forest and ornamental plants, plants and their parts (cuttings, bulbs, tubers, fruits), as well as any other products of plant origin that may be carriers of quarantine objects;

2) Plant pathogens – culture of living fungi, viruses, bacteria, and nematodes, mites and insects;

3) collection of insects, plant pathogens, herbaria and seed collections;

4) agricultural machines and implements for tillage, vehicles, all kinds of packaging, packaging materials, industrial goods and products from plant materials, monoliths and soil samples that may be carriers of quarantine objects;

5) the territory and premises of organizations of peasant or farmer, gardens and suburban farms, growers harvested, stored, processing and selling products of plant origin, agricultural land, forest, water and other purposes;

6) objects of domestic trade, railway stations, bus stations, river ports, marinas, the organization of postal services.

Article 13. The procedure for import, export, transit, domestic transportation, inspection and disinfection of regulated products

1. At the conclusion of contracts for the supply of regulated products or its transit provider must obtain from the competent authority the necessary information about the quarantine measures and to provide conditions to ensure the prevention of import of quarantine objects.

The signed agreement containing information of a confidential nature, should not be disclosed without the written consent of the provider.

2. The importation into the territory of the Republic of Kazakhstan regulated products is permitted only after the phytosanitary control posts.

Customs clearance on regulated products is carried out after the passage of phytosanitary supervision.

Quarantine measures of other states are recognized when they provide an adequate level of phytosanitary protection, applicable in the Republic of Kazakhstan.

Import and transit of regulated products transported through the territory of the Republic of Kazakhstan in covered or insulated, serviceable and sealed containers, pressurized containers, cars, vans, refrigerated lorries and other vehicles.

Importation of products subject to quarantine foreign diplomatic missions, consular offices, representations of international organizations located in the territory of the Republic of Kazakhstan, as well as persons who enjoy privileges and immunities shall be in accordance with the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

2-1. It is forbidden to import into the territory of the Republic of Kazakhstan:

1) regulated products without phytosanitary certificates of national quarantine services of exporting countries;

2) regulated products infected quarantine objects and alien species;

3) soil, live rooted plants with soil;

4) plant pathogens – culture of living fungi, bacteria, viruses and insects, mites, nematodes that damage plants, seeds of quarantine weeds, except for samples imported in coordination with the competent authority for the purposes of scientific research.

4. The export of regulated products is permitted only with phytosanitary and quarantine certificates issued by the territorial subdivisions of the authorized body:

1) from the Republic of Kazakhstan – in the presence of phytosanitary certificates;

2) in the Republic of Kazakhstan – in the presence of quarantine certificates.

Individuals and legal entities to obtain a phytosanitary certificate is served in the territorial division of the authorized body an application with the following information:

1) name of regulated products and its quantity;

2) the name of the importing country and the destination of regulated products;

3) the requirement in plant quarantine National Plant Quarantine Service of the importing country, specified in the contract for the export of regulated products;

4) The time and place of shipment of regulated products;

5) the name of the border point of the importing country, through which entry of regulated products.

Quarantine state exported regulated products is established by state inspectors on plant quarantine in place of the original shipment and secondarily – in the sea and river ports (quays), airports, railway stations, organizations, postal services, objects of domestic trade, bus stations (bus stations), and other facilities in case of overload (formation) of export consignments. When exporting without congestion at the border crossing post and supervised only for the accuracy of the phytosanitary certificate issued from the place of shipment.

Phytosanitary certificates are issued and certified personal signature and seal (stamp) of the established sample state inspector on plant quarantine, studied the regulated products for the presence of quarantine objects. A phytosanitary certificate is issued for each shipment of regulated products and quarantine must certify its condition, to have information about decontamination, performing other additional quarantine requirements for the supply of these products.

A phytosanitary certificate or a reasoned refusal to issue it is issued within a period not exceeding five working days from the filing date to receive it.

4-1. Inter-regional transportation of regulated products are carried out in the presence of the quarantine certificates issued by the state inspector on plant quarantine of the territorial subdivision of the authorized body.

For quarantine certificate individuals and legal entities submit applications to the territorial division of the authorized body and impose state inspector on plant quarantine regulated products to determine the quarantine state.

The application shall include the name of regulated products, destination and purpose of use.

Rerouting of regulated products in transit or destination is made with the permission of the territorial subdivision of the authorized body on whose territory the operation is carried out.

Rerouting of regulated products exported from the quarantine area of ​​the Republic of Kazakhstan, in route is prohibited.

Imported second regulated products subject to quarantine inspection in paragraph her appointment.

5. Inspection and disinfection of regulated products and vehicles, laboratory examination, issuance of quarantine documents are carried out at the expense of their owners and according to the procedure established by the legislation of the Republic of Kazakhstan in the field of plant quarantine.

Imported into the territory of the Republic of Kazakhstan regulated products, transport, which moved regulated products, are subject to state supervision in the field of plant quarantine and, if necessary, – quarantine examination in phyto-sanitary checkpoints and quarantine examination at the place of destination of regulated products with registration of the acts .

State inspector on plant quarantine explains the owners of regulated products the legislation of the Republic of Kazakhstan in the field of plant quarantine, establish the presence of a phytosanitary certificate of the national quarantine service of the exporting country, by inspection of transport, quarantine products with quarantine products produces sampling, study them in place in order to identify quarantine pests, plant diseases and weeds. If necessary, samples and objects are passed to the Republican quarantine lab to confirm the species of objects to the quarantine species.

If the carrier refuses to impose quarantine products for state control in the field of plant quarantine, it shall be returned to the exporting country at the expense of the owner, as the state inspector on plant quarantine shall make known to the territorial division of the authorized body, border and customs authorities Republic of Kazakhstan.

Regulated products, which are found in the quarantine objects to be returned, decontamination, treatment of quarantine weeds or technical processing. Expenses related to disinfection, cleaning or processing of regulated products, to pay its owners.

Seeds and seedlings are infected by quarantine objects of special scientific or other value, for the treatment of their owners may be transferred to research in introduction and quarantine nurseries.After the elimination of infestation by quarantine objects seeds and planting materials are returned to their owner.

Withdrawal of regulated products (including the mailing, hand luggage and luggage) carried the state inspector on plant quarantine, as is drawn withdrawal.

After passing the quarantine inspection of regulated products and carrying out the necessary measures for plant quarantine state inspector on plant quarantine puts the accompanying shipping documents stamp a standard form of the passage “of state supervision in the field of plant quarantine with a resolution on the import destination or transit and gives its owner the act of quarantine inspection.

Cargo operations (overload on other vehicles) with regulated products to phytosanitary control posts are made by the owner to resolve the state inspector on plant quarantine after the state supervision in the field of plant quarantine and compulsory quarantine inspection.

Imported regulated products, as well as vehicles that have passed quarantine inspection for phytosanitary control posts are subject to quarantine inspection at the final destination of regulated products.

Examination of regulated products and vehicles, sampling for analysis and expertise in the destination of regulated products are carried out by state inspectors on plant quarantine of the territorial division of the authorized body with the subsequent examination to establish the species composition of pests, plant diseases and weeds, the results of which shall be drawn up inspection with a record on the conditions of use of these products.

6. The disinfection of vehicles and subject to regulated products infected quarantine objects, products, disinfection is provided, as well as vehicles and regulated products that are potentially dangerous in a quarantine against, by order of the Chief State Inspector of Plant Quarantine of the Republic of Kazakhstan.

Disinfection of regulated products provided by the requirements of state inspectors on plant quarantine as a result of quarantine inspection, carried out owners of regulated products on a contractual basis with the fumigation team.

In identifying the quarantine facilities in the regulated products to phytosanitary control posts work on decontamination carried out at checkpoints across the state border of the Republic of Kazakhstan, which coincides with the customs boundary of the Customs Union, fumigation chambers, stacks, the holds of ships and barges, wagons, containers, and other modes of transport .

All kinds of transport vehicles after import regulated products as well as products from quarantine zones of Kazakhstan are subject to mandatory clearing with the destruction of the waste, and if necessary – fumigation in areas defined by the state inspector on plant quarantine.

 

Article 13-1. The procedure for detection of quarantine objects

1. In order to timely detection of quarantine objects, define the boundaries of their distribution centers of a systematic survey to be land and forests, crops and agricultural crops, ornamental, medicinal and other crops, buildings, containers, warehouses, and other facilities and territory-related organizations production, processing, storage, transportation and sale of regulated products, and other objects that can be a source of infection and spread of quarantine objects.

Implementation of these activities is provided by individuals and legal entities on the requirements of state inspectors on plant quarantine and phytosanitary Republican methodical center of diagnosis and prognosis.

2. The results of the survey, as well as identified with the pests, pathogens and weeds are sent to the state plant quarantine inspectors to detect and confirm the ownership of these objects to a quarantine species. In the case where objects can not be identified, state inspectors on plant quarantine and submit them for confirmation of belonging to the quarantine species in the Republican Quarantine Laboratory.

State inspectors on plant quarantine of territorial divisions of the authorized body is conducted follow-up examinations of these objects. The survey documented the act of carrying out state control and supervision of plant quarantine.

 

Article 14. The order of application and removal of the quarantine

2. The quarantine zones are prohibited or restrictions on the export of infected quarantine objects regulated products are developed and carried out activities on plant quarantine.

Contaminated products are taken out of the quarantine area, refundable, cleaning, disinfecting or its transfer processing organization.

Contaminated products, with the impossibility of its decontamination and recycling, shall be seized and destroyed in accordance with the procedure established by normative legal acts.

The list of quarantine restrictions and measures Plant Quarantine quarantine objects shall be brought to the attention of individuals, legal entities and the population of the quarantine zone.

Chapter 4. Settlement of disputes and liability for violation of the law

The Republic of Kazakhstan in the field of plant quarantine

Article 15. Resolution of disputes in the field of plant quarantine

Disputes in the field of plant quarantine shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

Article 16. Responsibility for violation of legislation of the Republic of Kazakhstan in the field of plant quarantine

Violation of the legislation of the Republic of Kazakhstan in the field of plant quarantine punishable under the laws of the Republic of Kazakhstan.

 

Chapter 5: Funding for Plant Quarantine

Article 18. Financing of the activities on plant quarantine

1. Funding for localization and liquidation of quarantine facilities in accordance with the list ofquarantine pests, plant diseases and weeds at the expense of budget funds.

2. Carrying out activities on plant quarantine at the facilities owned by individuals and legal entities, as well as on land is carried out at the expense of the owners and users of the requirements of the authorized body and its territorial divisions within the powers vested in them.

Chapter 6. International cooperation in the field of plant quarantine

Article 19. Principles of international cooperation in the field of plant quarantine

The Republic of Kazakhstan carries out international cooperation in the field of plant quarantine, guided by the principles of mutual respect for security against the introduction and spread of quarantine objects.

Article 20. The activities of foreigners and foreign legal entities in the field of plant quarantine on the territory of the Republic of Kazakhstan

On the territory of the Republic of Kazakhstan allowed the activities of foreigners and foreign legal entities in the field of plant quarantine, if it does not contradict the legislation of the Republic of Kazakhstan or regulated by international treaties.

 

 

The president

Republic of Kazakhstan

 

N. Nazarbayev

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