ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 13, 2021 No. 160

About modification and amendments in the Order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 4-4/61 "About approval of Rules of carrying out registration (melkodelyanochny and production) testing and state registration of pesticides"

I ORDER:

1. Bring in the order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 4-4/61 "About approval of Rules of carrying out registration (melkodelyanochny and production) testing and state registration of pesticides" (it is registered in the Register of state registration of normative legal No. 11687) the following changes and amendments:

state preamble in the following edition:

"According to the subitem 7) of article 6 of the Law of the Republic of Kazakhstan "About protection of plants", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" I ORDER:";

in Rules of carrying out registration (melkodelyanochny and production) testing and state registration of the pesticides approved by the specified order:

15) of Item 2 to state the subitem in the following edition:

"15) consumption rate of pesticides - the weight or amount of pesticide per unit of the processed area (kilogram or liter on hectare/ton / square meter);";

state Items 8 and 9 in the following edition:

"8. Are applied to the request for carrying out melkodelyanochny testing of pesticides:

1) the short file on pesticide in form according to appendix 3 to these rules;

2) standard rates of content of the declared pesticides in crop products and in environment objects;

3) methodical instructions for determination of residual amounts of the declared pesticides in crop products and in environment objects;

4) the document certifying permission to production of pesticide and its active ingredients in the country - producer of pesticide;

5) letters from authorized state bodies, confirmatory that the active ingredient declared to melkodelyanochny testing of pesticide, or pesticide are not brought in the list of remedies of the plants and other resistant organic pollutants prohibited to import and getting under action of appendix A and In the Stockholm convention on resistant organic pollutants of May 22, 2001 (No. 131 "About modification of the Decision of Board of the Eurasian economic commission of April 21, 2015 No. 30") (further - the List) and (or) into the register of potentially dangerous chemical, biological substances prohibited to application in the Republic of Kazakhstan (further - the Register is entered by the decision of Board of the Eurasian economic commission of October 6, 2015), according to the order of the Minister of Health of the Republic of Kazakhstan of December 15, 2020 No. KR DSM-276/2020 "About approval of Rules of maintaining the register of potentially dangerous chemical, biological substances, prohibited to application in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts No. 21804) respectively.

9. For carrying out melkodelyanochny testing of pesticides the registrant (applicant) provides to the organizations contractors:

1) pesticide prototype in original packing with the certificate of conformity or the certificate of the analysis;

2) reference pesticide in original packing with the certificate of conformity or the certificate of the analysis, except as specified, the these rules specified in Item 9-1;

3) analytical standard of active ingredient;

4) analytical standards of metabolites for carrying out laboratory researches.";

add with Item 9-1 of the following content:

"9-1. In the absence of the reference pesticide registered in the Republic of Kazakhstan with the consent of Department use of reference pesticide of the similar appointment registered in state members of the Eurasian Economic Union, in the following priority is allowed:

1) the pesticide matching on active ingredient, its content in formulyation, to preparative form, range of cultures and harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types;

2) the pesticide which is matching on active ingredient, its content in formulyation, to range of cultures and harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types, but not matching in preparative form;

3) the pesticide which is matching on active ingredient, preparative form, range of cultures and harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types, but not matching on content of active ingredient in medicine;

4) in the absence of the pesticides specified in subitems 1), 2) and 3) of this Item as standard pesticide gets out of the chemical group of the same name with the tested pesticide, different or coincident in preparative form and matching on range of cultures and harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types;

5) in the absence of the pesticides specified in subitems 1), 2), 3) and 4) of this Item as standard pesticide gets out of other chemical group, different or coincident in preparative form and matching on range of cultures and harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types.

In the absence of the reference pesticides specified in part one of this Item carrying out melkodelyanochny testing of pesticides without standard is allowed.";

state Item 10 in the following edition:

"10. Requests for carrying out melkodelyanochny testing of pesticides are rejected in cases if:

1) active ingredients of pesticides or pesticides belong to especially toxic, and also are brought in the list of the international conventions ratified by the Republic of Kazakhstan and in the Register;

2) active ingredients of pesticides or pesticides are protected by patents of the Republic of Kazakhstan;

3) there is no one of the materials provided by Items 8 and 9 of these rules;

4) on testing pesticide with the reduced consumption rates different from earlier registered pesticides in the Republic of Kazakhstan and state members of the Eurasian Economic Union, on similar cultures and against the same harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types is declared;

5) the request for carrying out melkodelyanochny testing of pesticides is submitted after February 1 of the current year.";

state Items 12 and 13 in the following edition:

"12. Melkodelyanochny testing regarding regulations of use of pesticides are developed in the main edaphic-climatic zones of cultivation of cultures according to appendix 4 to these rules taking into account features of harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types (distribution area, economic value, the number of generations, pathogenicity, resistance).

13. Terms of carrying out melkodelyanochny testing of pesticides constitute:

1) for the pesticides containing new active ingredients - 24 months (2 complete vegetative seasons), except for pesticides on the basis of biological substances;

2) for pesticides, including the combined medicines containing the known active ingredients, in case of expansion of the sphere of use (application) of the registered pesticides, change of their compounding and preparative form, percentage of active ingredient - 12 months (1 complete vegetative season);

3) for pesticides on the basis of biological substance (-in) - 12 months (1 complete vegetative season).

Terms of carrying out melkodelyanochny testing of pesticides are prolonged for 1 (one) vegetative season in case of absence during melkodelyanochny testing of pesticides of harmful organisms, especially dangerous harmful organisms or with their number and extent of development is lower than economic threshold of injuriousness, and also in the absence of quarantine objects and alien types against which are planned to register pesticides according to official data of the state organization performing activities in the field of protection of plants according to subitems 1) and 2) of Item 1 of article 10 of the Law and Item 2 of article 7-1 of the Law of the Republic of Kazakhstan "About quarantine of plants" (further - the Law on quarantine of plants).";

state Item 15 in the following edition:

"15. Department develops and approves by the order the plan of carrying out melkodelyanochny testing of pesticides till March 5 of the current year from which sends the corresponding excerpts to registrants (applicants) and the organizations contractors allowed to carrying out melkodelyanochny testing and also to regional territorial inspections of Department within 10 (ten) working days after its approval.

Inclusion of pesticide in the plan of carrying out melkodelyanochny testing is the basis for production (formulyation) in the Republic of Kazakhstan and import to the Republic of Kazakhstan of prototype of the unregistered pesticide in the quantity necessary for carrying out melkodelyanochny testing. The amount of necessary pesticides is calculated, proceeding from consumption rate of pesticide, quantity of harmful organisms, especially dangerous harmful organisms, quarantine objects and alien types, and cultures.";

state Item 25 in the following edition:

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