LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2007 No. 302-III ZRK

About safety of chemical products

This Law establishes the legal basis of safety of chemical products for protection of life and health of the person, environmental protection and consumer interests in the territory of the Republic of Kazakhstan.

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) precautionary marking - information on dangerous properties of chemical products and on security measures at stages of the treatment of her applied on products and (or) packaging according to requirements of technical regulations in the field of safety of chemical products;

2) risk assessment - package of measures, directed to identification of possible impact of chemical products on health and human life, the environment, including determination of degree of danger, dose (concentration);

3) dangerous chemical products - chemical products which part one chemical referred to one of the categories listed in item 4 of article 5 of this Law is at least;

4) packaging - means or complex of the means providing protection of chemical products and the environment against damages and losses, and also facilitating transportation, storage and realization of chemical products;

5) the applicant (the producer, the supplier, the importer) - the physical person or legal entity performing in accordance with the established procedure registration of chemical products and confirmation of conformity;

6) technical documentation - the documents which are containing information necessary for risks assessment, having everything the available relevant data, including with complete description of methods and results of researches or the bibliographic reference to them;

7) chemical - element or the connection existing in the nature or received as a result of technology transactions;

8) chemical products - products which passed technology stages of allocation from natural resources and (or) transformations of raw materials with use of chemical reactions and suitable for use for requirements satisfaction of the person or for production in the form in which it is issued by manufacturer;

9) classification of chemical products - separation of chemical products by types of danger and categories of chemicals for detection of its properties which make or can make harmful effects on life and health of the person, the environment;

10) the authorized bodies ensuring safety of chemical products (further - authorized bodies) - the state bodies enabling within the conferred powers the realization of state policy in the field of safety of chemical products;

11) the material safety data sheet of chemical products - the document containing data on characteristics of chemical products and measures for ensuring safe handling of it;

12) lifecycle of chemical products - production processes, applications, storages, transportations, realization, destructions and utilizations of chemical products;

13) container - the packaging element representing the product for placement of chemical products executed in the form of the opened or closed hollow body.

Article 2. Legislation of the Republic of Kazakhstan on safety of chemical products

1. The legislation of the Republic of Kazakhstan on safety of chemical products is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Scope of this Law

1. This Law governs the public relations by determination, establishment, application and execution of the requirements ensuring safety of chemical products and processes of its lifecycle for protection of life and health of the person, environmental protection and also for the prevention of the actions misleading consumers concerning safety of chemical products.

2. Requirements of this Law do not extend on:

1) minerals in bedding condition;

2) ready medicines;

3) radioactive materials, materials and waste;

4) food products;

5) products which in the course of use do not change the chemical composition and aggregate state and do not emit dangerous chemicals in the concentration capable to make harmful effects on life and health of the person, the environment, except for perfumery and cosmetic products and products of household chemicals.

Article 4. Objects of technical regulation in the field of safety of chemical products

Objects of technical regulation in the field of safety of chemical products are chemical products and processes of its lifecycle.

Article 5. Classification of chemical products

1. Classification of chemical products is carried out for the purpose of acceptance of adequate measures on ensuring protection of life and health of the person, environmental protection.

2. Classification of chemical products is performed by types of danger and categories of chemicals.

3. Chemical products in production process and applications can represent the following types of danger:

1) fire danger;

2) potential of explosion;

3) corrosion activity;

4) toxicity.

4. The chemicals having properties which can make harmful effects on life and health of the person, the environment are subdivided into categories:

on physical and chemical properties on:

1) explosives;

2) flammable gases;

3) flammable liquids;

4) flammable solid substances;

5) the oxidizing substances and organic peroxides;

6) toxic substances;

7) corrosion substances;

on toxicological properties on:

1) strong toxic agents;

2) toxic agents;

3) hazardous substances;

4) caustic substances;

5) the substances causing irritation of mucous membrane of eyes and (or) skin;

6) the substances having the sensibilizing action;

on specific impact on health of the person on:

1) carcinogens;

2) mutagens;

3) the substances making toxic impacts on reproductive function;

on impact on the environment on:

1) substances dangerous to the water environment;

2) substances dangerous to the air environment and soil.

5. Information on categories of chemical products, types of danger and measures for ensuring safe handling of chemical products is established by technical regulations in the field of safety of chemical products.

6. Criteria and test methods of chemical products, its physical and chemical and toxicological properties, specific impact on health and human life, the environment are determined according to technical regulations in the field of safety of chemical products.

7. Classification of chemical products by categories of chemicals is specified the applicant (the producer, the supplier, the importer) in case of execution of the relevant documents for placement it in the market.

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