I.O'S ORDER. MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of October 27, 2020 No. KR DSM-160/2020

About approval of rules of implementation of advertizing under control to the state sanitary and epidemiologic control and supervision of products (goods) which are subject (being subject) to state registration

According to Item 1 of article 56 of the Code of the Republic of Kazakhstan "About health of the people and health care system", I ORDER:

1. Approve the enclosed rules of implementation of advertizing under control to the state sanitary and epidemiologic control and supervision of products (goods) which are subject (being subject) to state registration.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of June 24, 2016 No. 284 "About approval of Rules of implementation of advertizing of dietary supplements to food" (registered in the Register of state registration of regulatory legal acts for No. 13998, published on August 11, 2016 in the Information system of law of Ad_let).

3. To provide to committee of sanitary and epidemiologic control of the Ministry of Health of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) placement of this order on Internet resource of the Ministry of Health of the Republic of Kazakhstan after its official publication;

3) 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 of Health of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Health of the Republic of Kazakhstan.

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

It is approved Ministry of information and social development of the Republic of Kazakhstan

No. KR DSM-160/2020 are approved by the Order of the acting minister of health care of the Republic of Kazakhstan of October 27, 2020

Rules of implementation of advertizing under control to the state sanitary and epidemiologic control and supervision of products (goods) which are subject (being subject) to state registration

Chapter 1. General provisions

1. These rules of implementation of advertizing under control to the state sanitary and epidemiologic control and supervision of products (goods) which are subject (being subject) to state registration (further - Rules) are developed according to Item 1 of article 56 of the Code of the Republic of Kazakhstan "About health of the people and health care system" and determine procedure of advertizing under control to the state sanitary and epidemiologic control and supervision of products (goods) which are subject (being subject) to state registration, in the Republic of Kazakhstan and also feature of implementation of advertizing of the separate products (goods) which are subject (being subject) to state registration.

2. These rules extend to implementation of advertizing of the following products (goods):

1) food products for baby food, including drinking water for baby food;

2) food products for dietary clinical and dietary preventive foods;

3) medical and dining room and medicinal natural mineral water;

4) food products for food of athletes, pregnant women and the feeding women;

5) dietary supplements to food (further - dietary supplement);

6) perfumery and cosmetic products for artificial suntan;

7) perfumery and cosmetic products for bleaching (clarification) of skin;

8) cosmetics for permanent make-up;

9) intimate cosmetics;

10) perfumery and cosmetic products of individual protection of skin from impact of harmful production factors;

11) children's cosmetics;

12) perfumery and cosmetic products for chemical coloring, clarification and highlighting of hair;

13) perfumery and cosmetic products for chemical wave and straightening of hair;

14) the perfumery and cosmetic products made with use of nanomaterials;

15) perfumery and cosmetic products for depilation;

16) peelings;

17) fluorinated means of hygiene of oral cavity, the mass fraction of fluorides in which exceeds % 0,15 (for liquid means of hygiene of oral cavity - % 0,05) (in terms of the molar mass of fluorine);

18) means for bleaching of teeth, the containing peroxides of hydrogen or other components emitting hydrogen peroxide, including peroxide of carbamide and peroxide of zinc, with concentration of peroxide of hydrogen (as ingredient or allocated) % 0,1 - % 6,0;

19) disinfecting, disinsection and deratization means (for application in life, in treatment and prevention facilities and on other objects (except the applied in veterinary science and repellent means relating to the individual protection equipment dermatological from impact of biological factors (insects) used in the conditions of industrial production));

20) products (goods) of household chemicals, paints and varnishes;

21) potentially dangerous chemical and biological substances and medicines made on their basis constituting potential danger for the person (except medicines and pesticides), individual substances (connections) of natural or artificial origin capable in conditions of production, applications, transportations, conversions, and also in living conditions to make adverse effect on health of the person and the surrounding environment;

22) materials, the equipment, devices and other technical means of water treatment, held for use in systems of economic and drinking water supply;

23) personal care products for adults;

24) the products intended for contact with foodstuff (except ware, dining facilities, processing equipment and packaging (corking means));

25) nipple milk, pacifiers from latex, rubber or silicone;

26) products sanitary and hygienic one-time use (the multilayer products containing the moisture absorbing materials (diapers, pants and diapers) and also hygienic Q-tips (for nose and ears) and other similar products for care of children);

27) ware and tableware (cups, saucers, invalid's cups, plates, bowls, spoons, forks, knives, small bottles and other similar products of nurseries for foodstuff) from plastic, glass, metal, ware ceramic (faience, glass-ceramic, potter's and mayolikovy), disposable tableware (from paper, cardboard and plastic) for children up to 3 years;

28) toothbrushes, electric toothbrushes with food from chemical sources of current, massagers for gums and other similar products;

29) products of the 1st layer, linen (next-to-skin and bathing) knitted and from textile materials for children up to 3 years;

30) products hosiery носочных knitted the 1st layer for children up to 3 years;

31) headdresses (summer) the 1st layer knitted and from textile materials for children up to 3 years;

32) other products (goods) concerning which and (or) to single sanitary and epidemiologic and hygienic requirements of the Eurasian Economic Union assessment of conformity is established by technical regulations in the registration form (state registration).

Chapter 2. Procedure of advertizing of products (goods)

3. Advertizing of products (goods) is performed according to the following requirements:

1) advertizing in the territory of the Republic of Kazakhstan (except for periodic printing editions, Internet resources, news agencies) extends in Kazakh, and at the discretion of the advertiser also in Russian and (or) other languages;

2) text advertizing is read, printed by accurate and legible font; audio advertizing is placed with clear and accurate audio maintenance; video advertizing is posted with clear and accurate sound and video maintenance;

3) is reliable and recognizable;

4) does not mislead consumers by means of abuse of their trust, including concerning characteristics, structure, consumer properties, the cost (price), expected results of application, results of researches and testing;

The trade product name (goods) and the name of the producer contains 5);

6) contains data on purpose of products (goods) if it does not follow from product name (goods);

7) contains data on category of persons for which they are intended if those are specified by the producer;

8) contains specifying about need of acquaintance with the main indications, contraindications to application and side effects (in case of their availability);

9) contains information on availability of state registration in the Republic of Kazakhstan and (or) in state members of the Eurasian Economic Union;

10) production and (or) realization of the advertized products (goods) is authorized the legislation of the Republic of Kazakhstan;

Advertizing dietary supplement also provides 11):

data on the active components which are part;

method of application and doses;

main side effects (in the presence);

main contraindications (in the presence);

special instructions concerning children, expectant mothers, and also during feeding by breast (in the presence);

leave conditions;

the evident and clear recommendation to application;

the name, the address of the producer and authorized person the producer on adoption of claims in the Republic of Kazakhstan;

the warning that subject of advertizing is not medicine;

non-proliferation and non-stationing in the public transport, the organizations which do not have relations to their appointment, use and leave on industrial output, prescription forms;

Disinfectant advertizing also provides 12):

recommendations about use of disinfectant;

precautionary measures during the work with disinfectant.

The advertizing intended for TV and radio channels of Internet resources contains information specified in subitems 5), 6), 8) and 9) of this Item.

 

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