ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 9, 1997 No. 407

About procedure for destruction (conversion) for products (goods), acknowledged unsuitable to realization

According to the order of the Government of the Kyrgyz Republic of January 6, 1997 No. 12 "About the organization of works on standardization, ensuring unity of measurements, certifications of products and services in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for destruction (conversion) for products (goods), acknowledged unsuitable to realization.

2. To heads of local public administrations till August 1, 1997 to create and approve the commissions on destruction (conversion) of products (goods), acknowledged dangerous, unsuitable to the use and realization, from representatives of local executive bodies.

3. To public authorities to accept the Provision approved by this resolution to management and execution.

4. Under the Ministry of Finance of the Kyrgyz Republic to provide to department of Customs Service of Committee on the income the due mode of customs clearance of the imported loads, not to allow the delivery facts on the territory of the republic of products which did not undergo certification.

Approved by the Order of the Government of the Kyrgyz Republic of July 9, 1997 No. 407

Regulations on procedure for destruction (conversion) for products (goods), acknowledged unsuitable to realization

This Provision determines procedure for destruction or conversion of products and goods (further - products) in case of recognition their unsuitable to the use and realization, except for food products and food raw materials.

1. Terms and determinations

1. The basic concepts applied in this Provision:

The consumer - the legal entity or physical person which is using, acquiring, ordering or having intention to acquire or order products for production or personal needs.

The manufacturer - business entities, irrespective of patterns of ownership, making products for realization.

The seller - the business entities acquiring and selling products according to the purchase and sale agreement.

Conditional and suitable product - the product unsuitable for the direct use.

Poor-quality (non-standard) products - products which are not conforming to requirements of regulating documents for safety indicators for life and health of the person.

Potential and dangerous products - products, the use (application) of which constitute health hazard, lives of people and the environment.

Arrest of products - action of the bodies which issued the conclusion about unfitness of products directed to suppression of possible realization of defective products and connected with the inventory, sealing (sealing) of places of its temporary storage with execution of the relevant act.

2. General provisions

2. All products which are turned out, imported, acquired and realized by legal entities and physical persons in the territory of the Kyrgyz Republic shall conform to requirements of regulating documents for indicators of safety and quality of interstate standards (state standard specifications), standards of the Kyrgyz Republic (KMS), sanitary, veterinary and sanitary, nature protection, construction standards and rules.

3. The imported products from the moment of representation to customs authority and before its release according to customs regime shall be on temporary storage under customs control in specially allocated and equipped rooms (warehouses of temporary storage), for perishable products - cooled. The deadline of temporary storage constitutes no more than 15 days, except for the particular cases provided by the customs legislation of the Kyrgyz Republic or if the goods cannot sustain storage, without being exposed to further spoil. During the term of temporary storage the imported products shall be drawn up according to the customs regime operating in the republic and are issued according to the procedure, provided by the customs legislation of the Kyrgyz Republic.

4. If at stage of customs clearance it is determined that the imported products are dangerous, then these products it is seized and it through border of the Kyrgyz Republic is not passed. Such products are subject or to export out of limits of the Kyrgyz Republic, or are determined to conversion or destruction by the decision of the special commission according to Item 7 of this provision.

5. The ban on realization of defective products is imposed by the body which established its poor quality both at stage of customs clearance, and in course of production and realization, and drawn up in the form of the instruction in which it is specified about prohibition of customs clearance, immediate cessation of production and realization, withdrawal of products in case of its distribution in retail chain stores, and also reported to territorial authority of the State inspectorate for standardization and metrology under the Government of the Kyrgyz Republic (further - Kyrgyzstandart) about need of cancellation of the certificate of conformity.

6. All products both imported, and made and realized in the territory of the Kyrgyz Republic, which are not meeting the requirements of regulating documents for safety indicators are exposed to obligatory sanitary and hygienic examination in bodies of state sanitary inspection where primary materials which are drawn up by the body which revealed its discrepancy to safety requirements go.

Sanepidstantion based on the provided materials (in need of laboratory researches) issues the sanitary conclusion according to which defective products are classified on:

a) products conditional and suitable which cannot be used for designated purpose, but can be brought by conversion to required standard rates;

b) poor-quality products which are liable to destruction as dangerous, absolutely unsuitable to the use.

7. In case of identification of dangerous products, the use (application) of which constitutes health hazard, lives of people and the environment, the questions connected with export, destruction, and also need of approval of technology of conversion of defective products solve the special commissions. The commissions are created under public administrations of the corresponding administrative territories from representatives of territorial subdivisions of the central executive bodies (authorized state bodies in the field of health care, agricultural (water) industry, internal affairs, emergency situations, in the field of supervision and control on ecological and technical safety, on sanitary, veterinary and phytosanitary safety).

The commission is headed by the representative of the Ministry of Health of the Kyrgyz Republic, the number of her members shall be at least five people. The commission can employ necessary specialists, independent experts, research associates. The decision of the commission is drawn up by the conclusion (appendix 1).

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