ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 14, 2025 No. 155

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 regulatory legal acts No. 11687) the following changes and amendments:

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

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

"7) the organization contractor – the research and research and production organizations which are performing assessment of biological, economic efficiency of pesticides, having necessary for this purpose scientific and methodical and material logistics, specialists of the corresponding profile and qualification, accreditation according to the order of the Minister of science and the higher education of the Republic of Kazakhstan of July 25, 2023 No. 335 "About approval of rules of accreditation of subjects of scientific and (or) scientific and technical activities" (it is registered in the Register of state registration of regulatory legal acts No. 33182), and also laboratories of the organizations performing the toxicological assessment, development, adaptation and approbation of methods of the analysis of pesticides, studying of their residual quantities having accreditation according to the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity";";

add with Items 3-1, 3-2, 3-3, 3-4 and 3-5 of the following content:

"3-1. The list of the main requirements to rendering the state service "State Registration (Re-registration) of Pesticides, Temporary Registration of Pesticide of Biological Medicine with Low Risk" is stated in annex 1-1 to these rules (further – the List of the main requirements).

3-2. To the registrant (applicant) on the web portal of "the electronic government" (further – the portal) information on the status of consideration of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "personal account".

3-3. The employee of office of department of authorized body in the field of protection of plants (further – Department) performs acceptance and document registration in day of their receipt and sends to the head of the structural unit of Department which appoints the executive in charge.

In case of the address of the registrant (applicant) after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, documents acceptance and issue of result of rendering the state service are performed the next working afternoon.

The executive in charge of structural division of Department within 2 (two) working days from the moment of document registration checks completeness of the submitted documents.

In case of representation by the registrant (applicant) of incomplete document package according to the List of the main requirements and (or) documents with the expired effective period, Department refuses documents acceptance.

3-4. The result of rendering the state service goes through the portal to "personal account" of the registrant (applicant) in electronic form certified by the digital signature (further – the EDS) the head of Department, or person fulfilling its duties.

3-5. In case of identification of the bases for refusal in rendering the state service, stipulated in Item 9 Lists of the main requirements, the executive in charge notifies the registrant (applicant) on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to the registrant (applicant) line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing Department makes the decision on issue of the registration certificate on pesticides/notifications on adoption of the request for inclusion in the plan of carrying out melkodelyanochny testing / notifications on adoption of the request for inclusion in the plan of carrying out production testing or motivated refusal in rendering the state service.";

state item 4 in the following edition:

"4. The organization of carrying out registration (melkodelyanochny and production) testing, toxicological assessment of residual amounts of pesticides and state registration of pesticides is carried out by Department according to the subitem 17) of article 6 of the Law.";

state Items 7 and 8 in the following edition:

"7. The request for carrying out melkodelyanochny testing of pesticide in form according to appendix 2 to these rules, with application of documents, the main requirements specified in Item 8 of the List, moves in Department the registrant (applicant) electronically by means of the portal from December 10 of previous year to February 1 of the current year.

The application for carrying out melkodelyanochny testing of pesticide on the basis of biological substance (v) is submitted together with the request for carrying out production testing of pesticide on the basis of biological substance (v).

The request for carrying out melkodelyanochny testing of pesticide is filled in on each pesticide separately. The name of pesticide shall differ from the names registered in accordance with the established procedure pesticides. The name of pesticide shall not consist of one figures, mislead concerning properties and origin of pesticide.

8. By provision by the registrant (applicant) of complete document package according to the List of the main requirements, Department considers documents for carrying out melkodelyanochny testing and accepts one of decisions:

1) about issue of the notification on adoption of the request for inclusion in the plan of carrying out melkodelyanochny testing in form according to appendix 2-1 to these rules;

2) about issue of motivated refusal in rendering the state service in form according to appendix 14-1 to these rules.";

state Item 10 in the following edition:

"10. It is not allowed to carrying out melkodelyanochny testing of pesticides 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 of potentially dangerous chemical, biological substances prohibited to application in the Republic of Kazakhstan (further – the Register), 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);

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

3) 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.";

1) of Item 13 to state the subitem in the following edition:

"1) for the pesticides, unregistered in the territory of the Republic of Kazakhstan, containing new active ingredients – 24 months (2 complete vegetative seasons), except for pesticides on the basis of biological substances;";

add with Item 15-1 of the following content:

"15-1. In the absence of cultivation of culture in the region where carrying out melkodelyanochny testing is planned, the organizations contractors till April 10 of the current year send to Department the letter reasons on need of change of the region in respect of carrying out melkodelyanochny testing.

Department makes corresponding changes to the plan of carrying out melkodelyanochny testing till April 20 of the current year.";

add with Item 18-1 of the following content:

"18-1. In case of modification of the plan of carrying out melkodelyanochny testing according to Item 15-1 of these rules, Department makes corresponding changes to the plan of work for toxicological assessment of pesticides, development and adaptation of methods of determination of residual amounts of pesticides in crop products and the soil till April 30 of the current year.";

state Item 21 in the following edition:

"21. Reports on results of work on determination of content of residual amounts of pesticides in crop products and objects of the environment in form according to appendix 6 to these rules of the organization contractors represent to Department and to the registrant (applicant) till December 25 of the current year.";

state Item 25 in the following edition:

"25. The request for carrying out production testing of pesticides in form according to appendix 7 to these rules, with application of documents, the main requirements specified in Item 8 of the List, moves in Department the registrant (applicant) electronically by means of the portal from December 10 of previous year to February 1 of the current year.

The application for carrying out production testing of pesticides on the basis of biological substance (-in) is submitted together with the request for carrying out melkodelyanochny testing of pesticide.

The request for carrying out production testing of pesticides is filled in with observance of the requirements provided by part three of Item 7 of these rules.";

add with Item 25-1 of the following content:

"25-1. By provision by the registrant (applicant) of complete document package according to the List of the main requirements, Department considers documents for carrying out production testing and accepts one of decisions:

1) about issue of the notification on adoption of the request for inclusion in the plan of carrying out production testing in form according to appendix 7-1 to these rules;

2) about issue of motivated refusal in rendering the state service in form according to appendix 14-1 to these rules.";

state Items 27 and 28 in the following edition:

"27. The amount of the pesticides delivered for production testing cannot exceed amount of the pesticides necessary for processing on each culture of 10 (ten) hectares in each edaphic-climatic zone in which carrying out testing of pesticides is provided.

28. It is not allowed to carrying out production testing of pesticides if:

1) active ingredients of 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) earlier unknown data on danger of pesticides to health of the person, animals and the environment from authorized state bodies are obtained;

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

4) to Department reports on results, the carried-out melkodelyanochny testing of pesticides, except as specified applications for carrying out production testing of pesticide on the basis of biological substance are not submitted (-in);

5) in reports on the carried-out melkodelyanochny testing of pesticides there are no offers on feasibility of carrying out their production testing.";

add with Item 31-1 of the following content:

"31-1. In the absence of cultivation of culture in the region where carrying out production testing is planned, the organizations contractors till April 30 of the current year send to Department the letter reasons on need of change of the region in respect of carrying out production testing.

Department makes corresponding changes to the plan of carrying out production testing till May 10 of the current year.";

state Item 39 in the following edition:

"39. The request for carrying out state registration of pesticides in form according to appendix 10 to these rules, with application of documents, the main requirements specified in Item 8 of the List, moves in Department the registrant (applicant) electronically by means of the portal.

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