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LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 11, 1999 No. 344-I

About quarantine of plants

(as amended on 16-11-2020)

This Law determines the legal basis, the purposes, tasks and the principles of implementation of actions for quarantine of the plants which are component of system of ensuring national security in the territory of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) No. 268-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.10.2019;

1-1) alien types - the type of insect, infecting agent of plant and weed which is absent in flora and fauna of the Republic of Kazakhstan which in case of penetration can cause significant economic and ecological damage;

2)  No. 330-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 16.07.2015

2-1) laboratory examination - research of samples of quarantine products, wreckers, causative agents of diseases of plants and weeds for the purpose of determination of their specific structure and their belonging to quarantine objects and alien types;

3) No. 36-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.07.2012

4) quarantine products (quarantine freights, quarantine materials, quarantine goods) (further - quarantine products) - plants, products of plant origin, container, packaging, loads, the soil, organisms or materials which can be carriers of quarantine objects and (or) promotes their distribution, included in the list of quarantine products and concerning which acceptance of quarantine phytosanitary measures is necessary;

4-1) list of quarantine products - the list of the quarantine products which are subject to the state phytosanitary quarantine control and supervision;

5) quarantine zone - the territory announced in accordance with the established procedure under quarantine in connection with identification of quarantine object;

6) quarantine object - the wrecker, infecting agent of plants or weed which can do the considerable harm to plants and vegetable products which is absent or restrictedly extended to the territories of the Republic of Kazakhstan, included in the single list of quarantine objects of the Eurasian Economic Union and (or) the list of quarantine objects and alien types in relation to which actions for quarantine of plants are established and performed;

6-1) quarantine mode - the legal regime providing obligatory holding actions for quarantine of the plants directed to liquidation of the center of distribution of quarantine object, restriction or the termination of economic bonds and suspension of transportation (movements) of quarantine products from the territory of quarantine zone for the purpose of non-admission of distribution of quarantine object;

7) the center of distribution of quarantine object - the territory in which quarantine object is revealed and where shall be performed or actions for quarantine of plants are performed;

8) the quarantine certificate - the document certifying quarantine condition of the quarantine products intended for interstate transportations;

9)  No. 268-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.10.2019;

9-1) survey - visual inspection of quarantine products, vehicles and devices for transportation (including cabins, salons, luggage and cargo compartments of vehicles, containers), hand luggage and baggage of physical persons;

9-2) documentary state phytosanitary quarantine control - verification of the quarantine documents confirming phytosanitary safety of quarantine products on compliance to requirements of the legislation of the Republic of Kazakhstan in the field of quarantine of plants and also availability of approval of authorized body on quarantine of plants for permission of import, export or transit of quarantine objects in the research purposes;

9-3) right restrictive measure - the quarantine phytosanitary measure applied by authorized body on quarantine of plants concerning physical persons and legal entities;

9-4) state phytosanitary quarantine control - activities of authorized body for quarantine of plants for check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan in the field of quarantine of plants by results of which measures of right restrictive nature without rapid response can be applied;

9-5) state quarantine phytosanitary regulation - activities of authorized body for quarantine of plants for check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan in the field of quarantine of plants by results of which measures of right restrictive nature, including rapid response can be applied;

10) authorized body on quarantine of plants (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of quarantine of plants;

10-1) authorized organization for quarantine of plants (further - authorized organization) - the organization created according to the decision of the Government of the Republic of Kazakhstan, performing functions according to the legislation of the Republic of Kazakhstan;

11) actions for quarantine of plants - system of the actions directed to the organization and work for identification, localization and liquidation of the centers of distribution of quarantine objects, disinfecting, technical conversion, cleaning and destruction to the infected quarantine products, disinfecting and cleaning of rooms and vehicles, return of quarantine products;

12) the republican state company on the right of economic maintaining, on providing quarantine of plants - the republican state company on the right of economic maintaining created by the Government of the Republic of Kazakhstan;

13) it is excluded

14) quarantine of plants (phytosanitary protection) - the legal regime providing system of actions for quarantine of the plants directed to protection of vegetable resources of the Republic of Kazakhstan and products of plant origin against quarantine objects;

14-1) temporary quarantine phytosanitary measures - prohibition or restriction of import of quarantine products from other states on the territory of the Republic of Kazakhstan and (or) transit of quarantine products across the territory of the Republic of Kazakhstan applied for the purpose of ensuring protection of the territory of the Republic of Kazakhstan from delivery and (or) further distribution of quarantine objects or decrease in the losses caused by them;

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