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The document ceased to be valid since July 1, 2021 according to Item 2 of the Order of the Minister of Trade and integration of the Republic of Kazakhstan of May 29, 2021 No. 373-HK

I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2015 No. 1155

About approval of Rules of implementation of withdrawal and withdrawal of products which are not conforming to requirements of technical regulations

(as amended of the Order of the Minister of Trade and integration of the Republic of Kazakhstan of 28.04.2020 No. 102-HK)

According to subitem 12-1) of article 7 of the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of withdrawal and withdrawal of products which are not conforming to requirements of technical regulations.

2. (Kaneshev B. B.) to provide to committee of technical regulation and metrology of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let, and also in the Republican center of legal information for entering into reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

The acting minister on investments and development of the Republic of Kazakhstan

A. Rau

It is approved

Acting minister of national economy of the Republic of Kazakhstan

December 15, 2015

 

_________________________ M. Kusainov

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of December 4, 2015 No. 1155

Rules of implementation of withdrawal and withdrawal of products which are not conforming to requirements of technical regulations

1. Rules of implementation of withdrawal and withdrawal of products which are not conforming to requirements of technical regulations (further - Rules), are developed according to subitem 12-1) of article 7 of the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" (further - the Law) and determine procedure for withdrawal and withdrawal of products which are not conforming to requirements of technical regulations.

2. In these rules the following basic concepts are used:

1) withdrawal - measure for non-admission of the sales of products which is not conforming to requirements of technical regulations;

2) response - measure for ensuring return of products which are not conforming to requirements of technical regulations, to the implemented consumer;

3) products - the result of activities provided in material and material form and intended for further use in economic and other purposes;

4) authorized body - the state body performing state regulation in the field of technical regulation.

3. The basis of withdrawal and (or) withdrawal of products is the case of factual determination of the sales of products which is not conforming to requirements of technical regulations.

4. In cases of emergence of the basis specified in Item 3 of these rules, the manufacturer (the authorized person of the manufacturer) lays off products (turnover) independently, and also informs the seller on non-admission of further realization of such products.

5. Within one calendar day from the moment of factual determination of discrepancy of products to requirements of technical regulations the manufacturer (the authorized person of the manufacturer) informs on it authorized body or other authorized state bodies, to exercise the state control of observance of requirements of technical regulations.

6. The seller, the manufacturer (the authorized person of the manufacturer) notifies the consumer through republican periodic printing editions and (or) TV, radio channels, subscriber devices of mobile network on possibility of damnification of life, to health, property of the consumer and the environment as a result of use of the food products which are not conforming to requirements of technical regulations - within three calendar days, other products which are not conforming to requirements of technical regulations - within ten calendar days from the moment of detection of the fact of discrepancy of products to requirements of technical regulations.

7. The manufacturer (the authorized person of the manufacturer), withdraws from objects of trade in all territory of the Republic of Kazakhstan the food products which are not conforming to requirements of technical regulations - within five calendar days, other products non-compliant to the requirements of technical regulations, - within fourteen calendar days from the moment of detection of the fact of discrepancy of products to requirements of technical regulations.

8. Withdrawal of products which are not conforming to requirements of technical regulations is drawn up by the act of withdrawal of products which are not conforming to requirements of technical regulations in form, according to appendix 1 to these rules.

9. The withdrawn products are stored separately with indication of "Are withdrawn, are not subject to realization" in case of observance of the conditions excluding possibility of access to it in the territory of manufacturer (the authorized person of the manufacturer) or the seller before decision making about its conversion, utilization or destruction.

10. If products which are not conforming to requirements of technical regulations are realized, the seller, the manufacturer (the authorized person of the manufacturer) within three calendar days notifies consumers on withdrawal of products through republican periodic printing editions and (or) TV, radio channels, subscriber devices of mobile network with indication of contact information for receipt of the detailed information about methods of return, location of collection points for products and the responsible persons on indemnification who resulted from withdrawal of products.

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