ORDER OF THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2021 No. 348-HK

About approval of the technical regulation "Requirements to Marking of Products"

According to the subitem 20) Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" PRIKAZYVAYU:

1. Approve the enclosed technical regulation "Requirements to Marking of Products".

2. Declare invalid the order of the Minister of investments and development of the Republic of Kazakhstan of October 15, 2016 No. 724 "About approval of the Technical regulation "Requirements to Marking of Products" (it is registered in the Register of state registration of regulatory legal acts for No. 14471).

3. To provide to committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2021 and is subject to official publication.

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of May 21, 2021, No. 348-HK

Technical regulation "Requirements to Marking of Products"

Chapter 1. General provisions

1. This technical regulation "Requirements to Marking of Products" (further – the Technical regulation) is developed according to the subitem 20) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" (further – the Law) and establishes general requirements to marking of products.

2. The technical regulation extends to the products of national, import production and also made in the territory of the Eurasian Economic Union, realized in the territory of the Republic of Kazakhstan for which the requirement to marking are not established by the international treaties and acts constituting the right of the Eurasian Economic Union including does not extend to products which are object of technical regulation of technical regulations of the Eurasian Economic Union (Customs union).

3. Provisions of the Technical regulation are subject to application when designing (including researches), production, construction, installation, adjustments, operation, storage, transportation, realization and utilization of products, carrying out the state control of observance of the requirements established by technical regulations and also in case of confirmation of conformity.

4. The requirements to marking of separate types of products established in the documents on standardization existing in the territory of the Republic of Kazakhstan are applied regarding not contradicting requirements of the Technical regulation.

5. In this Technical regulation the following terms and determinations are applied:

1) date of packaging (packing, pouring of liquid products) – date of placement of products in packaging (container);

2) date of production (production) – the date which is put down by the manufacturer, informing on the end of engineering procedure of production (production) of products;

3) the manufacturer – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur, performing on its own behalf production or production and sales of products;

4) person authorized by the manufacturer – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur who based on the contract with the manufacturer, including with the foreign manufacturer, performs actions on behalf of this manufacturer in case of assessment of conformity and release into the stream of commerce of products in the territory of the Republic of Kazakhstan;

5) expiration date – period of time after which products are considered unsuitable for proper use;

6) the importer – the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur who concluded with the foreign manufacturer (seller) the agreement in foreign trade (contract) for transfer issued by lots of products and performs release of these products in the address and (or) its realization in the territory of the Republic of Kazakhstan;

7) packaging (container) – product which is used for placement, protection, transportation, loading and unloading, delivery and storage of raw materials and finished goods;

8) the name of the place of origin of products – the country name, the settlement, the area or other geographical object used for designation of goods which special characteristics only or are mainly determined by environment or other factors or combination of environment and these factors, characteristic of this geographical object;

9) production in the address – delivery (realization) or import of products (including sending from warehouse of the manufacturer or shipment without warehousing) for the purpose of distribution in the territory of the Republic of Kazakhstan when implementing business activity;

10) marking – the texts, trademarks, symbol and drawings bearing information for the consumer and applied on products, documents, instruction sheets (inserts, information sheets), labels, labels, packaging (container);

11) the trademark – the designation registered according to the legislation or protected without registration owing to international treaties in which the Republic of Kazakhstan participates, serving for difference of products of one legal entities or physical person from uniform products of other legal entities or physical persons;

12) the collective trademark is the trademark of association (union) or other consolidation of legal entities and (or) individual entrepreneurs serving for designation of the products which are turned out or sold by them having single quality or other characteristics.

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