LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 12, 2003 No. 439-II

About state regulation of production and turnover of tobacco products

This Law governs the public relations arising in production process and turnover of tobacco products.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) No. 100-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 31.12.2021

1-1) No. 71-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 06.04.2024

1-2) it is excluded;

1-3) packs - unit of the consumer pack made of cardboard or the paper or other material containing certain quantity of tobacco product;

1-4) packagings - unit of the group consumer pack containing certain quantity of packs;

1-5) identifications - the procedure providing in the field of production, the address (turnover), use unambiguous recognition of certain products among similar on distinctive signs;

1-6) means of identification - the unique sequence of symbols in machine-readable form presented in barcode type, or which is written down on radio-frequency tag, or provided with use of other means (technology) of automatic identification;

1-7) markings - the text, symbol and drawings bearing information for the consumer and applied on packs and packagings;

2) turnover of tobacco products - export, import, storage, wholesale and retail sale of tobacco products;

3) wholesale of tobacco products - realization (shipment) of tobacco products for further resale;

4) the passport of production - the document reflecting the indicators of production capacities of the tobacco product manufacturer, its main characteristics regulating use of the available equipment for observance of engineering procedure of production;

5) the tobacco product manufacturer - physical person or legal entity which makes tobacco products for sale;

5-1) No. 71-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 06.04.2024

6) tobacco products manufacture - set of the engineering procedures providing production of the tobacco products corresponding to documents on standardization;

7) tobacco products - products fully or partially made of tobacco leaf and (or) other parts of tobacco plant as the raw materials prepared so that to use for smoking, sucking, chewing, shuffing or different ways of consumption, including by means of system of heating of tobacco or any other device;

7-1) filtered cigarettes - type of the smoking tobacco products created from cut tobacco, which are wrapped up by cigarette paper using the filter;

7-2) non-filtered cigarettes - type of the smoking tobacco products created from cut tobacco, which are wrapped up by cigarette paper without use of the filter;

8) authorized body - the state body exercising control and regulation of production and turnover of tobacco products.

Article 2. Legislation of the Republic of Kazakhstan on state regulation of production and turnover of tobacco products

1. The legislation of the Republic of Kazakhstan on state regulation of production and turnover of tobacco 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 governing the relations connected with production and turnover of tobacco products.

1-1. The regulation purposes in the field of state regulation of production and turnover of tobacco products are state regulation and control of activities of subjects of production and turnover of tobacco products.

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. State regulation of production and turnover of tobacco products

1. State regulation of production and turnover of tobacco products is performed by the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, authorized body, and also other state bodies within their competence established by the legislation of the Republic of Kazakhstan.

1-1. Regulation in the field of state regulation of production and turnover of tobacco products is based on the following principles:

1) legality when implementing state regulation of production and turnover of tobacco products;

2) justification when implementing state regulation of production and turnover of tobacco products according to the legislation of the Republic of Kazakhstan, technical regulations, sanitary and epidemiologic and hygienic requirements;

3) objectivity and transparency when implementing state regulation of production and turnover of tobacco products.

1-2. Regulation tasks in the field of state regulation of production and turnover of tobacco products are:

1) protection of economic interests and health of the population;

2) creation of the conditions for improvement of quality of the tobacco products made and imported into the Republic of Kazakhstan;

3) ensuring compliance with the legislation of the Republic of Kazakhstan on state regulation of production and turnover of tobacco products.

2. State regulation of production and turnover of tobacco products includes:

1) licensing of activities for tobacco products manufacture;

2) regulation of import of tobacco products;

3) control of production and turnover of tobacco products by means of implementation of monitoring and establishment of procedure for declaring;

4) establishment of the minimum retail prices on filtered cigarettes, without filter, cigarette, cigarillo and product with the heated tobacco.

3. The state control of production and turnover of tobacco products is performed according to the Entrepreneurial code of the Republic of Kazakhstan.

Article 4. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the field of state regulation of production and turnover of tobacco products;

2) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023

3) sets restrictions and import bans to the Republic of Kazakhstan of tobacco products according to the laws of the Republic of Kazakhstan;

4) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

4-1) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

4-2) it is excluded

5) it is excluded

6)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

7)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

8) No. 223-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2023

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