This Law defines the legal basis for ensuring food safety to protect human life and health, the legitimate interests of consumers and the environment on the territory of the Republic of Kazakhstan.
Chapter 1. General provisions GENERAL PROVISIONS
Article 1. General provisions Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law::
1) food - products of plant, animal, mineral, microbiological purpose used for feeding animals that are a source of nutrition for humans;;
2) feed additives - substances of organic, mineral and (or) synthetic origin that are a source of food for humans, used as sources of missing nutrients and minerals and vitamins in the diet of animals;
3) enriched (fortified) food products - food products introduced for the purpose of disease prevention, with the addition of one or more necessary ingredients (vitamins, minerals, proteins, amino acids or fatty acids) and other substances that were initially absent or were in insufficient quantity to increase the cost of nutrition or lost in the process (stage) of production (manufacture) ;
4) baby food - special purpose food products that meet the physiological needs of the child's body and are intended for baby food under the age of three years;
5) food products subject to veterinary and sanitary control - food products and raw materials of animal origin, as well as feed and feed additives that are not used for food without appropriate processing;;
6) veterinary certificate - a document of the established form issued by the authorized body in the field of veterinary medicine for each batch of food products subject to veterinary and sanitary control at the state border of the Republic of Kazakhstan and on transport;
7) genetically modified objects - raw materials and products of plant and (or) animal origin, including genetically modified sources, organisms obtained using genetic engineering methods;;
8) date of manufacture - the end date of the process (stage) of production (manufacture) of food products;
9) dietary food-specially made food products intended for certain categories of persons for the purpose of prevention and (or) treatment of diseases;
10) therapeutic and preventive nutrition products-special food products intended for certain categories of persons in order to prevent violations in the human body associated with chronic exposure to harmful occupational factors, used in special diets;;
11) registration number-a code containing the type and number of activity of the production facility;
12) adulterated food products - food products that are deliberately and intentionally altered, forged and (or) information about which is deliberately unreliable or incomplete, and has hidden properties and quality;
13) shelf Life – a period of time during which food products must fully comply with the safety requirements established by the legislation of the Republic of Kazakhstan and (or) technical regulations;;
14) unacceptable risk - a risk exceeding the level of food safety established in accordance with the legislation of the Republic of Kazakhstan;;
14-1) hazard analysis system and critical control points (HACCP) - systematic identification, assessment and management of hazards affecting product safety throughout the food chain, by identifying and evaluating potential risks that are constructive for food safety, while establishing permanent control at critical control points; ;
15) risk - the probability of adverse effects of food products on human health and the consequences of this impact, leading to a threat to human life and health;;
16) risk assessment - a qualitative and (or) quantitative assessment of the probability of penetration, rooting or spread of a pest or disease and related biological and economic consequences, or an assessment of the possibility of adverse effects on human or animal life and health caused by the presence of impurities, pollutants, toxins or pathogens in food products;;
17) risk management-risk identification, selection and implementation of measures taken to reduce it, as well as their monitoring and verification;;
18) risk analysis-a procedure for using the information available to identify hazards and assess risk, consisting of four interrelated components: determining the source of risk, risk assessment, risk management and risk information;;
19) risk information - mutual timely exchange of information about risk between subjects responsible for food safety and authorized bodies, as well as all other interested parties;;
20) dangerous food products - products that can create an unacceptable threat to human life and health and the environment when used;;
21) destruction of dangerous food products - impact on food products that are unsuitable for consumption and (or) further processing, excluding the use of it for food purposes and inspection of it by humans and animals;;
22) normative and technical documentation - documents necessary for regulating the processes (stages) of development (creation), production (manufacture), turnover, utilization and destruction of food products;
Article 5 as amended by the laws of the Republic of Kazakhstan from 10.07.2009 N 180-IV; from 06.01.2011 n 378-IV (effective after ten calendar days after its first official publication); from 09.11.2011 n 490-IV (effective after ten calendar days after its first official publication);
23) nutritional value of products - the degree of satisfaction of the body with nutrients, determined by their energy value, composition and taste properties;;
24) food products subject to sanitary and epidemiological supervision - food products, except for food products subject to veterinary and sanitary control;;
25) biologically active food additives - components of natural or equivalent natural substances intended for individual use or inclusion in the composition of food products for the purpose of enrichment or for the prevention of diseases, with the exception of parapharmaceuticals;
26) food additives - natural and artificial substances and their compounds, specially attached to give them the specified properties, do not affect the biological and energy values of food products and are not used independently as food products;;
27) food products - raw materials, food products, special-purpose food products, drinking water, food additives for human consumption and biologically active food additives, feed and feed additives used by animals that are sources of nutrition for humans;
28) materials and products related to food products (hereinafter - materials and products) - materials and products used in the processes (at the stages) of development (creation), production (manufacture), turnover, utilization and destruction of food products, including technological equipment, devices and installations, containers, packaging materials, containers, table equipment;;
29) development (creation) of food products - the process of creating samples and (or) normative and technical documentation necessary for the organization of new production and (or) new food products;
30) subject of development (creation), production (manufacture), turnover, utilization and destruction of food products (hereinafter - the subject) - an individual or legal entity engaged in the development (creation), production (manufacture), turnover, utilization and destruction of food products;
31) utilization of food products - technological processing of food products that are not suitable for their intended use in other food products;;
32) production (manufacturing) of food products - processes (stages) of food production, including the technological process of food products and related processes of packaging, packaging, labeling, as well as storage and transportation in domestic production;);
33) object of production (manufacturing) of food products (hereinafter - the object of production) - an enterprise that produces (manufactures) food products;
34) identification of food products - a procedure that ensures the recognition of certain products by distinctive features in all processes (at the stages) of development (creation), production (manufacture), turnover and utilization of food products;;
35) turnover of food products - processes (stages) of sale (sale or transfer) of food products, including import (import) and export (export) of food products, as well as related processes of packaging, packaging, labeling, storage and transportation of food products;;
36) biological value of food products - the power of food products, characteristics containing proteins, fats, carbohydrates, vitamins, macro-and microelements;
37) traceability of food products - the ability to track food products (origin, movement and location) in all processes (at the stages) of development (creation), production (manufacture), turnover, disposal and destruction of food products;;
38) food safety - the absence of unacceptable risk in all processes (at the stages) of development (creation), production (manufacture), turnover, disposal and destruction of food products associated with harm to human life and health and violation of the legitimate interests of consumers, taking into account the combination of the probability of the implementation of a dangerous factor and the severity of its consequences;;
45) food products-food products in natural or processed form intended for human consumption;
46) marking-text, trademarks, conventional marking and drawings, documents, memos (additional sheets), labels, counter-labels, collerettes, ears, stickers (stickers) that represent information to the consumer and applied to food products consumer packaging (bundles));
47) raw materials - objects of plant, animal, microbiological, chemical and mineral origin used for the production (manufacture) of food products;
Effective ten calendar days after the date of its first official publication); from 29.09.2014 No. 239-V (effective ten calendar days after the date of its first official publication); from 29.12.2014 No. 269-V (effective from 01.01.2015).);
Article 5 as amended by the laws of the Republic of Kazakhstan from 10.07.2009 N 180-IV; from 06.01.2011 n 378-IV (effective after ten calendar days after its first official publication); from 09.11.2011 n 490-IV (effective after ten calendar days after its first official publication).
1. General provisions Article 1 as amended by the laws of the Republic of Kazakhstan from 15.07.2011 No. 461-IV (effective from 30.01.2012); from 29.12.2014 No. 269-V (effective from 01.01.2015); from 29.10.2015 No. 376-V (effective from 01.01.2016); from 27.11.2015 No. 424-V( effective six months after the date of its first official publication); from
Article 2. Legislation of the Republic of Kazakhstan on food safety
1. the legislation of the Republic of Kazakhstan On food safety is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2.If an international Treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international Treaty shall apply.
Article 3. Scope of this Law
1.This law applies to food products produced in the Republic of Kazakhstan and imported to the territory of the Republic of Kazakhstan, as well as to the processes (stages) of development (creation), production (manufacture), turnover, utilization and destruction of food products.
2. this Law does not apply to home-made food products intended for personal consumption.
Chapter 2. General provisions STATE REGULATION IN the FIELD of FOOD SAFETY
Article 4. Article 3. goals and principles of state regulation in the field of food safety
1. objectives of state regulation in the field of food safety:
1) provide::
food safety for human life and health and the environment;
protecting the legitimate interests of consumers;
environmental safety;
ensuring national security;
2) promotion of entrepreneurship development;
3) harmonization of the legislation of the Republic of Kazakhstan with international norms and rules for the protection of human life and health, the legitimate interests of consumers;
4) increasing the competitiveness of domestic products;
5) Creating conditions for the development of international trade.
2. state regulation in the field of food safety:
1) priority of food safety for human life and health and environmental protection;
2) prevention of possible harmful effects on human health and the environment;
3) transparency of measures implemented by the state;
4) transparency, availability, reliability of information;
5) scientific validity of risk assessment;
6) traceability of food products in all processes (at the stages) of development (creation), production (manufacture), turnover, utilization and destruction of food products;
7) responsibility of subjects for ensuring food safety in all processes (at the stages) of development (creation), production (manufacturing), turnover, utilization and destruction of food products.
Article 5. Competence Of The Government Of The Republic Of Kazakhstan
The competence of the Government of the Republic of Kazakhstan includes::
1) development of the main directions of the state policy in the field of food safety;
2) intersectoral coordination of activities of authorized bodies;
3) approval of normative legal acts in the field of food safety, with the exception of normative legal acts, the competence to approve which is provided for in article 6 of this Law;;
4) it is excluded by the law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (it is put into effect after ten calendar days after its first official publication);
5) performs::
disposal and destruction of food products that are dangerous to human and animal life and health, and the environment;
import (import) of food products subject to state registration);
Approval by authorized bodies of compliance of processes (stages) of development (creation), production (manufacture), turnover, utilization and destruction of food products, compliance of machines and equipment, materials and products used in the development (creation), production (manufacture), turnover, utilization and destruction with the requirements established by the legislation of the Republic of Kazakhstan on food safety;
enrichment (fortification) of food products subject to sanitary and epidemiological supervision);
the assignment of numbers to objects of production;
Confirmation of compliance of food products with the requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation;
Control and supervision of compliance of food products in the processes (at the stages) of its development (creation), production (manufacture), turnover, utilization and destruction, compliance of processes (stages) of development( creation), production (manufacture), turnover, utilization and destruction of food products with the requirements established by the legislation of the Republic of Kazakhstan on food safety;
turnover of genetically modified objects;
On approval of the Rules for carrying out work on scientifically based confirmation of the safety of genetically modified objects;
6) performing other functions assigned to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
1. General provisions Article 5 as amended by the laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (effective after ten calendar days after its first official publication); 05.07.2011 No. 452-IV (effective from 13.10.2011); 12.01.2012 No. 540-IV (effective after ten calendar days after its first official publication); 03.07.2013 No. 124-V (effective); Ten calendar days after the date of its first official publication); dated 29.10.2015 No. 376-V (effective from 01.01.2016).
Article 6. Competence of authorized bodies
Article 4 as amended by the laws of RK dated 21.04.2016 No. 504 - V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.04.2016 No. 504-V (shall be enforced upon expiry of ten calendar days after its first official publication).
2. the competence of the state body in the field of sanitary and epidemiological welfare of the population includes::
1) implementation of the state policy in the field of food safety subject to sanitary and epidemiological supervision;
2) representation of the Republic of Kazakhstan in 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 the legislation of the Republic of Kazakhstan on the safety of food products subject to sanitary and epidemiological supervision;;
4) development of sanitary and epidemiological rules and norms, hygienic standards, technical regulations, regulatory documents in the field of food safety, subject to sanitary and epidemiological supervision;
5) performs::
shelf life and storage conditions of food products;
projects of normative and technical documentation in the field of food safety subject to sanitary and epidemiological supervision;
harmonization of compliance processes (stages) of development (creation), production (manufacturing), turnover, utilization and annihilation of food production, matching of machinery and equipment, materials and products used in the development (creation), production (manufacture), turnover, utilization and annihilation, to demands, established by the legislation of the Republic of Kazakhstan On food safety, with the issuance of sanitary-epidemiological conclusions;
Effective ten calendar days after the date of its first official publication); dated 24.05.2018 No. 156-VI (effective ten calendar days after the date of its first official publication).);
Effective ten calendar days after the date of its first official publication); dated 24.05.2018 No. 156-VI (effective ten calendar days after the date of its first official publication).);
8) state registration, re-registration and revocation of the decision on state registration of baby food products, biologically active food additives, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health, placement on the Internet resources of the state register of substances and products allowed for use in the Republic of Kazakhstan;
9) compliance of food products in processes (at phases) of its development (creation), production (manufacturing), turnover and recycling requirements established by the legislation on food safety, compliance processes (stages) of development (creation), production (manufacturing), turnover, utilization and annihilation of foodstuff, accordance of machines and equipment used in the development (creation), production (manufacture), turnover, utilization and extermination of nutritional products to the requirements established by the legislation about food production safety;, organization and implementation of sanitary and epidemiological supervision of compliance of materials and products;
10) issuing orders to eliminate violations of the requirements of this Law;
11) accounting and monitoring of production facilities and domestic trade facilities;
12) assignment of accounting numbers to objects of food production subject to sanitary and epidemiological supervision, and maintenance of their register;
13) carrying out work on scientifically based confirmation of the safety of biologically active food additives;
14) provides::
conducting sanitary and epidemiological expertise of food products to determine their safety;
issuance of balneological conclusions on the use of natural mineral waters by scientific centers of balneology;
turnover of biologically active food additives;
state registration, re-registration and revocation of the decision on state registration of baby food products, food and biologically active additives to food, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health;
About the approval of Rules of work on scientific justification of safety of biologically active food additives;
15) exercise of other powers provided for 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.
The competence of territorial divisions of the Department of the state body in the field of sanitary and epidemiological welfare of the population on the state border of the Republic of Kazakhstan and transport is determined by the laws of the Republic of Kazakhstan.
3. the competence of the authorized body in the field of veterinary medicine includes::
1) implementation of the state policy in the field of food safety, subject to veterinary and sanitary control and supervision;
2) representation of the Republic of Kazakhstan in international organizations to ensure the safety of food products subject to veterinary and sanitary control and supervision;;
3) on::
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;
organization, coordination and implementation of state control and supervision over the activities of individuals and legal entities performing veterinary and sanitary examination of food products to determine their safety;
4) it is excluded by the law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (it is put into effect after ten calendar days after its first official publication);
5) Development and approval of veterinary (veterinary and sanitary) rules and regulations, regulatory documents in the field of food safety subject to veterinary and sanitary control and supervision, technical regulations in the field of food safety subject to veterinary and sanitary control and supervision;;
6) is excluded by the law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (it is put into effect after ten calendar days after the day of its first official publication);
7) state registration was first produced (manufactured) and for the first time imported (imported) on the territory of the Republic of Kazakhstan of feed additives;
8) maintain the state register of feed additives allowed for production (manufacturing), import (import), application and implementation on the territory of the Republic of Kazakhstan;
9) issuing veterinary documents on the conformity of the food products subject to veterinary-sanitary control and supervision, the requirements established by the legislation of the Republic of Kazakhstan;
Ten calendar days after its first official publication); dated 13.01.2014 No. 159 - V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).);
11) the organization and implementation of veterinary and sanitary control and supervision over the compliance of processes (stages) of development (creation), production (manufacturing), turnover, utilization and annihilation of food products subject to veterinary-sanitary control and supervision, the requirements established by the legislation of the Republic of Kazakhstan;;
12) implementation of veterinary and sanitary control and supervision and monitoring of objects of internal 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) implementation of veterinary and sanitary control and supervision over the safety of food products subject to veterinary and sanitary control and supervision in the processes (at the stages) of production (manufacture) and turnover of food products;
14) provides::
conducting veterinary and sanitary examination to determine the safety of food products;
On approval of the Rules of state registration of feed additives produced (manufactured) for the first time and imported (imported) to the territory of the Republic of Kazakhstan for the first time;
15) issuing orders to eliminate violations of the requirements of this Law;
16) assignment of accounting numbers to objects of food production subject to veterinary and sanitary control and supervision, and maintenance of their register;;
17) exercise of other powers provided for 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.
The competence of territorial divisions of the authorized body in the field of veterinary medicine is determined by the laws of the Republic of Kazakhstan.
4. the competence of the authorized body in the field of consumer protection includes::
1) implementation of state control and supervision over compliance of food products with the requirements of technical regulations in the field of food safety at the stage of its implementation, with the exception of procedures subject to veterinary and sanitary control and supervision;;
2) exercise of other powers provided for 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.
1. General provisions Article 6 as amended by the laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (effective after ten calendar days after its first official publication); from 05.07.2011 No. 452-IV (effective from 13.10.2011); from 12.01.2012 No. 540-IV (effective after ten calendar days after its first official publication); from 15.07.2011 ); 10 calendar days after the day of its first official publication); from 13.01.2014 No. 159-V (effective after ten calendar days after the day of its first official publication); from 29.09.2014 No. 239-V (effective after ten calendar days after the day of its first official publication); from 29.12.2014 No. 269-V (effective from 01.01.2015); from); From 24.05.2018 No. 156-VI (effective upon the expiration of ten calendar days after the date of its first official publication); from 28.10.2019 No. 268-VI (effective upon the expiration of ten calendar days after the date of its first official publication).
Article 7. Competence of local Executive bodies of regions (cities of Republican significance, capital)
1. General provisions Article 7 is excluded By the law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (effective from 01.01.2015).
Article 8. State control and supervision of food safety
1. state control and supervision of food safety is carried out by authorized bodies within their competence established by the laws of the Republic of Kazakhstan.
2.in order to exercise state control and supervision over food safety, the state shall ensure the organization of the activities of laboratories of the state veterinary-sanitary and sanitary-epidemiological expertise in accordance with international requirements for their material and technical base and personnel, including laboratories for determining the qualitative and quantitative composition of genetically modified objects and the level of radiation exposure.
1. General provisions Article 8 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall enter into force upon the expiration of ten calendar days after its first official publication).
Article 9. State registration, re-registration and revocation of the decision on state registration of food products
1. production (manufacture), import (import) and sale in the Republic of Kazakhstan of feed additives, baby food products, food and biologically active additives to food, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health, are allowed only after their state registration, except for the cases of production (manufacture), import (import) of samples required for registration
Feed additives, baby food products, food and biologically active additives, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health are subject to state registration for the first time produced (manufactured) and imported (imported) to the territory of the Republic of Kazakhstan.
2. state registration:
1) examination of documents submitted by the subject and confirming compliance of food products with the requirements, delivery conditions established by the legislation of the Republic of Kazakhstan on food safety;;
2) examination of the results of scientific and laboratory research;;
3) inclusion in the state registers of feed additives, baby food products, food and biologically active additives to food, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health, allowed for production (manufacture), import (import), use and sale on the territory of the Republic of Kazakhstan.
3. multiple state registration of food products of the same type and name made by the same manufacturer is not allowed.
4.Food products included in the state registers of feed additives, baby food products, food and biologically active additives to food, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health, are allowed to be used within the terms established by the authorized bodies.
5. re-registration and revocation of the decision on state registration of baby food products, food and biologically active additives to food, genetically modified objects, dyes, materials and products in contact with water and food, chemicals, certain types of products and substances that have a harmful effect on human health shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
1. General provisions Article 9, as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 540-IV (shall enter into force upon the expiration of ten calendar days after its first official publication).
Chapter 3. General provisions RIGHTS AND OBLIGATIONS of SUBJECTS
Article 10. The rights of subjects
In accordance with the activities carried out by the entities:
1) timely receive reliable information about the sanitary-epidemiological and veterinary-sanitary condition of the territory and (or) the object of production and objects of internal trade in accordance with the legislation of the Republic of Kazakhstan;;
2) apply to state bodies for conducting research in order to ensure compliance with sanitary and epidemiological rules and regulations, hygiene standards, technical regulations, regulatory documents in the field of food safety subject to sanitary and epidemiological supervision, veterinary (veterinary and sanitary) rules and regulations, technical regulations, regulatory documents in the field of food safety subject to veterinary and sanitary control and supervision;;
3) participate in sanitary and anti-epidemic (preventive) and veterinary and sanitary measures in cases established by the legislation of the Republic of Kazakhstan;
4) participate in the development of regulatory legal acts, technical regulations in the field of food safety in accordance with the legislation of the Republic of Kazakhstan;;
5) develop and approve the organization's standards in accordance with the requirements established by the legislation of the Republic of Kazakhstan On food safety;;
6) develop, implement and maintain procedures based on the principles of HACCP, depending on the safety requirements of such products in the implementation of food production (manufacturing) processes;;
7) implementation of the food quality and safety management system;
8) excluded in accordance with the ROK dated 28.10.2019 no. 268-IV (effective after ten calendar days after the date of its first official publication);
Article 8 as amended by the laws of the Republic of Kazakhstan from 10.07.2009 N 180-IV; from 19.03.2010 n 258-IV; from 06.01.2011 n 378-IV (entered into force after ten calendar days after its first official publication).);
9) obtain other rights in accordance with the laws of the Republic of Kazakhstan.
1. General provisions Article 10 as amended by the laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (effective ten calendar days after its first official publication); 29.12.2014 No. 269-V (effective from 01.01.2015); 27.11.2015 No. 424-V( effective six months after the date of its first official publication); 28.10.2019
Article 11. Responsibilities of subjects
In accordance with the activities carried out by the entities:
1) comply with the requirements established by the legislation of the Republic of Kazakhstan On food safety;;
2) provide preliminary and periodic medical examination and hygienic training of the subjects ' personnel;
3) set the expiration date of food products in agreement with the authorized bodies in accordance with the legislation of the Republic of Kazakhstan on food safety;
4) to ensure production safety control of each batch of nutritional products in processes (at phases) of their production (manufacturing), turnover and utilization;
5) submit to the competent authorities information about violations that led to the purchase of food products to the dangerous nature of the processes (stages) of development (creation), production (manufacturing), turnover and utilization;
6) referral for appropriate examination of food products specified in subparagraph 5) of this article;
7) immediately stop the processes (stages) of production( manufacturing), turnover and utilization of food products, ensure their recall from the objects of internal trade and conduct appropriate expertise, and then organize their disposal or destruction in accordance with the procedure established by the Government of the Republic of Kazakhstan;;
8) submit to buyers (consumers) of food products, authorized bodies on their request documents certifying the safety of food products;
9) provide assistance to authorized bodies on issues of prevention or reduction of risks associated with food products of their own production, sale or disposal;
10) ensure identification and traceability of food products in all processes (at the stages) of its development (creation), production (manufacture), turnover, disposal and destruction.
Chapter 4. General provisions FOR FOOD SAFETY
Requirements
Article 12. Requirements for food safety and measures to ensure it
1. requirements for food safety and processes (stages) their development (creation), production (manufacture), turnover, disposal and destruction, established by the legislation of the Republic of Kazakhstan On food safety, are mandatory for the subjects.
2. food safety:
1) compliance of subjects with the requirements of the legislation of the Republic of Kazakhstan On food safety;
2) carrying out by the subject of production control over compliance of processes (stages) of development( creation), production( manufacturing), turnover and utilization of food products with the requirements established by the legislation of the Republic of Kazakhstan On food safety;;
3) confirmation of compliance of food products with the requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation;
4) conducting sanitary-epidemiological and veterinary-sanitary expertise;
5) application of state regulation measures in the field of food safety.
3 .the processes (stages) of development (creation), production (manufacturing), turnover, utilization and destruction of food products are carried out in agreement with the authorized bodies.
4. for one of the following indicators:
1) with obvious signs of poor quality (damaged, disturbed, contaminated););
2) exceeding radiological, Toxicological, chemical and (or) microbiological standards;
3) documents certified origin and security are not;
4) no set expiration date or that have expired;
5) marked by the information provided by the law of the Republic of Kazakhstan On food safety;
6) does not match the information provided;
7) food products that are adulterated food products not complying with the requirements established by the legislation of the Republic of Kazakhstan On safety of food products are not allowed to process (stages) of production (manufacturing), turnover, and utilization.
5. the circulation of genetically modified objects and biologically active additives to food is allowed only after scientifically justified confirmation of their safety and their state registration, carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
1. General provisions Article 12 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (effective from 01.01.2016).
Article 13. Requirements for the safety of special-purpose food products
1. for special-purpose food products:
1) baby food products;
2) dietary food products;
3) therapeutic and preventive nutrition.
2. Special purpose food products:
1) meet the requirements for special-purpose food products established by the legislation of the Republic of Kazakhstan on food safety;
2) meet the physiological needs of the relevant groups of buyers (consumers);
3) for food, biological and energy values must correspond to the information specified in the container (packaging).
3. in the production (manufacture) of special-purpose products, the use of artificial food additives and food raw materials made with the use of feed and feed additives, animal growth accelerators (including hormonal drugs), certain types of medicines, pesticides, fertilizers, genetically modified objects, biologically active food additives is prohibited.
1. General provisions Article 13 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective upon the expiration of ten calendar days after the date of its first official publication).
Article 14. Requirements for food products subject to enrichment (fortification)
1.Food can be enriched (fortified). For the enrichment (fortification) of food products, vitamin and mineral complexes that have passed sanitary and epidemiological expertise can be used.
2. methods of enrichment (fortification) and materials and products used in the process of enrichment (fortification) of food products must meet the requirements of normative and technical documentation, sanitary and epidemiological rules and regulations and other documents on standardization.
1. General provisions Article 14 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (effective six months after the date of its first official publication).
Article 15. Requirements for food safety in their development (creation)
1. normative and technical documentation developed by the subject:
1) food safety indicators;
2) shelf life of food products;
3) requirements for packaging, labeling, conditions of processes (stages) of development (creation), production (manufacture), turnover of food products;
4) production control programs for food safety;
5) research methods, risk assessment, ways to reduce them;
6) methods of disposal and destruction of dangerous food products.
2. drafts of normative and technical documentation and prototypes of food products are subject to sanitary-epidemiological and veterinary-sanitary expertise in the manner determined by the authorized body.
These projects are approved by the authorized bodies, approved by the subjects and are mandatory for them.
3. when developing (creating), all possible risks in the processes (at the stages) of production (manufacturing), turnover, utilization and destruction of food products, including in emergency situations of natural and man-made nature, possible errors of the subjects ' personnel should be identified.
For all identified risks, the risk assessment is carried out by calculation, experimental and (or) expert means, ensuring that it can be verified.
4. when developing (creating), taking into account the risk assessment for each type of food product, the entire set of measures to eliminate risks or reduce (reduce) to the dose (acceptable) level in all processes (at the stages) of production (manufacturing), turnover, utilization and destruction of food products must be determined.
Article 16. Requirements for food safety in their production (manufacturing)
1.raw materials and food additives that meet the standards established by the legislation of the Republic of Kazakhstan on food safety must be used for the production (manufacture) of food products.
2. in the production (manufacture) of plant and animal raw materials used for food purposes, it is allowed to use feed additives, animal growth accelerators, pesticides, fertilizers that have passed state registration, except for the case provided for in paragraph 3 of article 13 of this Law.
3. replacement of individual ingredients of manufactured (manufactured) food products is made in agreement with the state body in the field of sanitary and epidemiological welfare of the population.
4. objects of production, storage of food products, objects of internal trade equipment, territory, water supply, Sewerage of production, auxiliary, sanitary facilities, heating, ventilation, lighting and working conditions of personnel of subjects must meet the requirements established by the legislation of the Republic of Kazakhstan.
Assessment of environmental aspects related to the production (manufacturing) of food products is carried out in accordance with the environmental legislation of the Republic of Kazakhstan.
5. assignment of accounting numbers to production facilities is carried out by authorized bodies in accordance with the legislation of the Republic of Kazakhstan.
1. General provisions Article 16 as amended by the laws of the Republic of Kazakhstan dated 12.01.2012 No. 540-IV (effective after ten calendar days after its first official publication); 21.04.2016 No. 504-V (effective after ten calendar days after the day of its first official publication); 27.11.2015 No. 424-V (effective after six months after the day of its first official publication)
Article 17. Food safety requirements for packaging, packaging and labeling
1.Food products must be Packed and packaged in ways that ensure the safety of their turnover in accordance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.
2. in documents, memos (leaflet inserts), labels, counter-labels, colleratki, headphones, stickers (stickers), except for information established by the legislation of the Republic of Kazakhstan on food safety, taking into account the types of food products:
1) food and biological values of food;
2) purpose and conditions of use (for special-purpose food products););
3) methods and conditions for manufacturing food products (for concentrates and intermediates of food products));
4) storage conditions and expiration dates;
5) the date, month, year of manufacture of food products;
6) Information about the composition, including the availability and quantity of food additives, feed and feed additives, biologically active food additives, genetically modified objects in the state and Russian languages.
3. the shelf life of food products is indicated as follows:
1) "consume before";
2) "valid until".
Article 18. Requirements for food safety during storage and transportation
1. storage and transportation of food products must be carried out in conditions that ensure their safety in accordance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.
2. storage of food products is allowed in specially equipped premises, buildings that must meet the requirements established by the legislation of the Republic of Kazakhstan on food safety.
3.vehicles specially designed and (or) equipped for such purposes are used for the transportation of food products.
4.if during storage and (or) transportation of food products there are violations that lead to their acquisition of a dangerous nature, they are sent to the appropriate expertise, according to the results of which they are disposed of or destroyed.
1. General provisions Article 18 as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (effective from 30.01.2012).
Article 19. Requirements for food safety in their implementation
1. the sale of food products is allowed only at the objects of internal trade that meet the requirements established by the legislation of the Republic of Kazakhstan on food safety.
2.If during the sale of food products there are violations that lead to their obtaining a dangerous nature, their sale is not subject to and is sent to the appropriate expertise, the results of which are disposed of or destroyed.
3. food products exported from the Republic of Kazakhstan must meet the requirements established by the legislation of the Republic of Kazakhstan, except for cases when the legislation or standards of the country of import do not require otherwise.
4. it is prohibited to sell food products that do not have documents certifying compliance with the requirements established by the legislation of the Republic of Kazakhstan on food safety.
Article 20. Requirements for the safety of food products imported to the territory of the Republic of Kazakhstan
1. safety of food products imported to the territory of the Republic of Kazakhstan must meet the requirements established by the legislation of the Republic of Kazakhstan On food safety.
2. import to the territory of the Republic of Kazakhstan:
1) absence of documents certifying their compliance with the requirements established by the legislation of the Republic of Kazakhstan on food safety;
2) who have not passed state registration in accordance with the requirements established by article 9 of this Law.
3. officials who exercise state control and supervision at checkpoints across the state border of the Republic of Kazakhstan, within their competence, inspect food products, check their shipping documents.
If the import (import) of food products to the territory of the Republic of Kazakhstan does not meet the requirements established by paragraph 4 of article 12 of this law, the officials specified in part one of this paragraph shall decide to temporarily suspend their import (import) and send them for appropriate expertise or prohibit their import (import) to the territory of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
4. the Subject is obliged to export food products recognized as dangerous by the results of the relevant expertise outside the territory of the Republic of Kazakhstan within three days.
If dangerous food products are not exported from the Republic of Kazakhstan within the time limits established by part one of this paragraph, they are disposed of or destroyed in accordance with the legislation of the Republic of Kazakhstan On food safety.
1. General provisions Article 20 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall enter into force upon the expiration of ten calendar days after its first official publication).
Article 21. Requirements for the termination of one or more processes (stages) of production( manufacturing), turnover or disposal of dangerous food products
1.The subject is obliged to stop one or more processes (stages) of production (manufacturing), turnover or disposal of dangerous food products from the moment of detection of non-compliance of food products with the safety requirements established by this law, or on the basis of an order of the authorized body.
2. failure to apply the measures provided for in paragraph 1 of this article shall entail liability in accordance with the laws of the Republic of Kazakhstan.
Article 22. Requirements for the personnel of subjects
1. the personnel of subjects participating in the processes (at the stages) of production (manufacturing), turnover and utilization of food products must undergo preliminary and periodic medical examinations, as well as hygienic training in accordance with the legislation of the Republic of Kazakhstan.
2. it is prohibited to allow the personnel of subjects who have not passed preliminary and periodic medical examinations, as well as those who have contracted infectious diseases that are the sources of various diseases, to the processes (stages) of development (creation), production (manufacture), turnover and disposal of food products until negative laboratory results are obtained.
Article 23. Requirements for machines and equipment, materials and products used in the processes (at the stages) of development (creation), production (manufacture) and turnover of food products, and materials and products related to food products
1. machines and equipment, materials and products used in the processes (at the stages) of development (creation), production (manufacture) and turnover of food products:
1) meet the requirements established by the legislation of the Republic of Kazakhstan On food safety;;
2) use only for the intended purpose.
Materials and products related to food must be accompanied by a document certifying safety issued by the state body in the field of sanitary and epidemiological welfare of the population.
2. all parts of transport containers (tanks, tankers and others), pipelines, pumps, hoses, machines, vehicles, equipment and equipment related to food products must be made of materials permitted for use in accordance with the legislation of the Republic of Kazakhstan.
3. document certifying the safety of materials and products related to food:
1) chemical, biological and physical characteristics;;
2) application, method of use;
3) origin and method of production;
4) methods of delivery, packaging and storage conditions;
5) pre-sale readiness;
6) data required for risk identification and assessment, including perception criteria.
1. General provisions Article 23 as amended by the laws of the Republic of Kazakhstan dated 21.04.2016 No. 504-V (effective after ten calendar days after the day of its first official publication); dated 21.04.2016 No. 504 - V (effective after ten calendar days after the day of its first official publication).
Article 24. Requirements for supervision of food products
1. supervision of food products should be provided in all processes (at the stages) of their development (creation), production (manufacture), turnover, disposal and destruction.
2. oversight of food products:
1) identification;
2) data Collection and recording;
3) Information about interaction between subjects;
4) data exchange.
3. subjects provide supervision of food products during the development (creation), production (manufacture), turnover, utilization and destruction of food products by drawing up technological passports, the documentation indicates the identified defects and measures taken to eliminate them with a note on the necessary technological and control operations.
Subjects draw up these documents by signing the appropriate labels and signatures.
Records of food surveillance data are stored for one year after their expiration date.
4.Food products to be sold must be identified and labeled for further observation.
Article 25. Requirements for production control of food safety
1. production control over 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 certified and (or) accredited laboratories (centers) in accordance with the legislation of the Republic of Kazakhstan.
Article 26. Special requirements for environmentally friendly food products
1. General provisions Article 26 is excluded By the law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (it is put into effect after ten calendar days after the day of its first official publication).
Article 26-1. Special requirements for organic food products
1. General provisions Chapter 4 is supplemented by article 26-1 in accordance with the Law of the Republic of Kazakhstan dated 27.11.2015 No. 424-V (effective six months after the date of its first official publication); excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268 - V (effective ten calendar days after the date of its first official publication).
Article 27. Special 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 facilities, pumping stations, water supply networks, water storage tanks, recycling water supply facilities in terms of drinking water safety are established by the legislation of the Republic of Kazakhstan On sanitary and epidemiological welfare of the population.
3. water supply sources and water supply facilities that supply water for household and drinking needs from surface and underground sources must have a sanitary protection zone in accordance with the requirements established by the legislation of the Republic of Kazakhstan.
4. requirements for the selection of sites for water treatment stations, pumping stations for the first lifting and discharge of untreated water, underground and surface water intake structures, sites for drinking water facilities located on the territory of organizations, reservoirs and water towers, adjacent to construction fences are established by the legislation of the Republic of Kazakhstan On sanitary and epidemiological welfare of the population.
5. the use of natural mineral waters is allowed after receiving a balneological conclusion on it from scientific centers of balneology in the order determined by the state body in the field of sanitary and epidemiological welfare of the population.
1.General provisions Article 27 as amended by the laws of RK dated 21.04.2016 No. 504-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.04.2016 No. 504 - V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 28. Special requirements for the safety of feed and feed additives
1. feed and feed additives must meet the requirements established by the legislation of the Republic of Kazakhstan on food safety.
2. feed and feed additives must be obtained from the territory of veterinary and sanitary welfare.
3.feed and feed additives imported (imported) to the territory of the Republic of Kazakhstan and exported (exported) from it shall be subject to examination taking into account the epizootic situation of the region and their place of origin and laboratory examination.
Chapter 5. General provisions of FOOD SAFETY PROCEDURES
Article 29. Confirmation of food safety compliance
1. confirmation of compliance with food safety is carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of technical regulation.
2. documents in the field of conformity assessment issued by a foreign state are considered valid in the Republic of Kazakhstan provided that they are recognized in the state system of technical regulation in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation.
1. General provisions Article 29 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 376-V (effective from 01.01.2016).
Article 30. Identification of food products
1. identification of food products:
1) Determination of the quantity of a batch of food products;
2) identification methods (date designation, batch coding of food products));
3) procedures for making appropriate records for the purpose of traffic surveillance.
2. Food products and (or) their packaging (containers) must have a clear and indelible identification label containing the following data::
1) name and (or) designation of a series or type of food products, number;
2) the name of the manufacturer (developer) and its legal address;
3) a mark of conformity in cases stipulated by technical regulations in the field of food safety;
4) date of manufacture and expiration date.
On certain types of food products defined by technical regulations, and (or) its packaging (container), the registration number of the production object is mandatory, assigned in accordance with the procedure established by the Government of the Republic of Kazakhstan.
3. all possible risks must be identified.
Article 31. Risk analysis, assessment and management
1. the measures taken to ensure food safety should be based on a risk analysis.
2.when assessing the risk of food safety, available scientific data, appropriate methods of processing and production (manufacturing), methods of inspection, sampling, laboratory research, the level of spread of specific diseases, the presence of disease-free zones should be used.
3. food safety risk assessment:
1) identification of characteristics that may have harmful effects on the human body and animals necessary for food production;
2) analysis of the impact of each identified potential hazard on the human body and their consequences;
3) determining measures to limit the identified risks.
4. food safety risk assessment is carried out as a comprehensive risk assessment in the course of laboratory research of food products.
5. information about the risk assessment and measures to limit it in all processes (at the stages) of development (creation), production (manufacture), turnover, disposal and destruction of food products must be contained in the regulatory 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 the results of risk assessment, as well as on the principles of prevention of possible harmful effects on human life and health.
Article 32. Prevention of possible harmful effects on human life and health
1.in cases when the risk analysis and assessment identifies the probability of harmful effects on human life and health, but the available scientific data is not sufficient to determine its degree, the authorized bodies shall take temporary measures to manage the risk.
2. temporary risk management measures are subject to review within the minimum period of time necessary to obtain scientific data that determines the degree of risk.
1. General provisions Article 32 as amended by the Law of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall enter into force upon the expiration of ten calendar days after its first official publication).
Chapter 6. General provisions FINAL PROVISIONS
Article 33. Responsibility for violation of the legislation of the Republic of Kazakhstan On food safety
Violation of the legislation of the Republic of Kazakhstan On food safety entails liability in accordance with the laws of the Republic of Kazakhstan.
Article 34. Features of the processes (stages) of development( creation), production( manufacture), turnover, utilization and destruction of food products with genetically modified objects during the transition period
Before scientifically based confirmation of safety of genetically modified objects in food products is accepted the level of their content in foods not exceed the established in the European Union.
Article 35. Procedure for putting this Law into effect
1.This Law shall enter into force on January 1, 2008.
2. invalidate the Law of the Republic of Kazakhstan dated April 8, 2004" on the quality and safety of food products " (Vedomosti of the Parliament of the Republic of Kazakhstan, 2004, N 6, article 43).
Republic Of Kazakhstan
President