JOINT ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of February 1, 2023 No. 46, on February 2, 2023 No. 15

About introduction of amendments to the joint order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of November 30, 2018 No. 485 and the Minister of national economy of the Republic of Kazakhstan of November 30, 2018 No. 93 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of seed farming"

I ORDER:

1. Bring in the joint order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of November 30, 2018 No. 485 and the Minister of national economy of the Republic of Kazakhstan of November 30, 2018 No. 93 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of seed farming" (it is registered in the Register of state registration of regulatory legal acts No. 17871) the following changes:

state preamble in the following edition:

"According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:";

1, of 2, of 3, of 4, of 5, 6 and 7 to the specified joint order to be reworded as follows appendices according to appendices 1, of 2, of 3, of 4, of 5, 6 and 7 to this joint order.

2. To provide to department of agriculture of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

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

3. To impose control of execution of this joint order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

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

Appendix 1

to the joint Order of the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of February 1, 2023 No. 46, on February 2, 2023 No. 15

Appendix 1

to the joint Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of November 30, 2018 No. 485, on November 30, 2018 No. 93

Criteria for evaluation of degree of risks in the field of seed farming

Chapter 1. General provisions

1. These criteria for evaluation of degree of risks in the field of seed farming (further – Criteria) are developed according to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts No. 28577), and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts No. 17371), for reference of subjects of control in the field of seed farming to risk degrees and for selection of subjects (objects) of control when carrying out preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) subjects (objects) of control are producers of original seeds, elite and seed-growing farms, seed-growing farms, laboratories on examination of quality of seeds, consumers of seeds (except for the physical persons who are engaged in production of seeds for use on personal, garden, seasonal and garden plots without the right of their realization), implementors of seeds;

2) insignificant violation – violation of the requirements established by regulatory legal acts in the field of seed farming regarding the wrong maintaining documentation in the field of seed farming;

3) considerable violation – violation of the requirements established by regulatory legal acts in the field of seed farming on availability of ploughland, the mastered seed-growing crop rotations, high-quality agrotechnology, qualified specialists, initial seed material, to ensuring safety of materials of accounting on seed farming, carrying out systematic inspection of crops (landings), the territories, seed cleaning machines and mechanisms, warehouses on identification of quarantine objects and holding actions for fight against them, to storage of average tests, document creation about quality of seeds, to use for crops of seeds to requirements of the legislation of the Republic of Kazakhstan about seed farming, availability of the license agreement, and also violation of the terms and completeness of provision of the reporting conforming on high-quality and sowing qualities;

4) gross violation – violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of seed farming, the attracting administrative responsibilities, stipulated in Article 402 Codes of the Republic of Kazakhstan "About administrative offenses", not observance of requirements for material equipment, carrying out approbation, to sampling, observance of standards in the field of seed farming when conducting examination of quality of seeds, availability of claims and addresses, use for crops (landing) of seeds of the agricultural plants received on the basis of genetic engineering (genetically modified), use for crops (landing) of seeds of the agricultural plants infected with quarantine objects, inappropriate use of the subsidized seeds.

3. For risk management objectives when implementing preventive control with visit of subject (object) of control subjects (objects) of control belong to one of the following risk degrees (further – risk degrees):

1) high risk;

2) average risk;

3) low risk.

Concerning subjects (objects) of control carried to high and average risk degrees are carried out preventive control with visit of subject (object) of control, preventive control without visit of subject (object) of control and unscheduled inspection.

For subjects (objects) of control carried to low risk degree are carried out preventive control without visit of subject (object) of control and unscheduled inspection.

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