ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2011 No. 1396

About approval of Rules of carrying out registration, production testing and state registration of pesticides (agricultural chemicals)

According to the subitem 7) of article 5 of the Law of the Republic of Kazakhstan of July 3, 2002 "About protection of plants" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out registration, production testing and state registration of pesticides (agricultural chemicals).

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 30, 2011 No. 1396

Rules of carrying out registration, production testing and state registration of pesticides (agricultural chemicals)

1. General provisions

1. These rules of carrying out registration, production testing and state registration of pesticides (agricultural chemicals) (further - Rules) are developed according to the subitem 7) of article 5 of the Law of the Republic of Kazakhstan of July 3, 2002 "About protection of plants" and determine procedure for carrying out registration, production testing and state registration of pesticides (agricultural chemicals).

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

1) the distinctive (trade) name - the name under which this pesticide (agricultural chemical) is registered, labeled, advertized and can be used is exclusive his registrant (applicant) with the purpose to make product distinguished from other pesticides (agricultural chemicals);

2) the special equipment - the device and (or) the equipment intended for use of pesticides (agricultural chemicals);

3) active ingredient - biologically active part of pesticide (agricultural chemical) which use in the form of different preparative forms leads to toxic impact on harmful organism or on growth and development of plants;

4) the commonly accepted name - the name appropriated to active ingredient of pesticide (agricultural chemical) by International Organization for Standardization or accepted by authorized state body in the field of technical regulation and metrology for the use as patrimonial (group) or private (only for specific active ingredient) names;

5) economic threshold of injuriousness (further - EPV) - the level of number of wreckers, diseases of plants and weeds below which application of protective measures is economically not justified;

6) harmful organisms - wreckers, weeds and diseases of plants which are negatively operating on the soil, vegetation and agricultural products;

7) re-registration - the repeated state registration of pesticide (agricultural chemical) after effective period of the registration certificate which is carried out without additional testing;

8) risk - degree of probable danger of pesticide (agricultural chemical) in specific conditions of its application;

9) the combined pesticide (agricultural chemical) - the medicine containing two and more active ingredients in structure;

10) the short file - data on biological, physical and chemical and toxicological properties of pesticide (agricultural chemical);

11) the organization contractor - the research and research and production organizations performing assessment of biological, economic efficiency of pesticides (agricultural chemicals), and also laboratories of the organizations performing assessment of ecological and sanitary and hygienic safety of their application, development, adaptation and approbation of control methods of pesticides (agricultural chemicals), the studying of their residual quantities having necessary for this purpose scientific and methodical and material logistics, specialists of the corresponding profile and qualification, accreditation according to the order of the Government of the Republic of Kazakhstan of June 8, 2011 No. 645 "About approval of Rules of accreditation of subjects of scientific and (or) scientific and technical activities" and the Law of the Republic of Kazakhstan of July 5, 2008 "About accreditation in the field of assessment of conformity";

12) the vegetative period (vegetation season) - the period from crops before maturing of specific crop;

13) regulations of use (application) - the requirement to conditions and procedure for use of pesticides (agricultural chemicals);

14) state registration of pesticides (agricultural chemicals) - the procedure completing process of biological, toxicological, hygienic and ecological assessment of medicines by results of which the registration certificate on the right of their application in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan on protection of plants is issued to physical persons and legal entities;

15) production testing of pesticides (agricultural chemicals) - approbation under production conditions the pesticides (agricultural chemicals) and regulations of their application recommended for registration;

16) toxicological assessment of pesticides (agricultural chemicals) - assessment of the tested pesticides on safety indicators (residual quantity in harvest, objects of the environment and their compliance to the approved standard rates);

17) registration testing of pesticides (agricultural chemicals) - the regulated system of studying of biological and economic efficiency of pesticides (agricultural chemicals), their dangers to the person and the surrounding environment and development of regulations of their application;

18) residual amount of pesticides (agricultural chemicals) - quantitative index of content of pesticide (agricultural chemical) in crop products and objects of the environment by means of which their safety for the person and animals is estimated;

19) the register of pesticides (agricultural chemicals) - register of the registered pesticides (agricultural chemicals) with indication of trade name of pesticide (agricultural chemical), the registrant (applicant), producer of active ingredient, the state registration number, date of state registration or re-registration and their termination;

20) the list of pesticides (agricultural chemicals) - the list of the registered pesticides (agricultural chemicals) allowed for use in the territory of the Republic of Kazakhstan with indication of trade name of pesticide (agricultural chemical), the registrant (applicant), producer of active ingredient, regulations of use of pesticides (agricultural chemicals) and end date of state registration;

21) amendments to the list of pesticides (agricultural chemicals) - the list of the pesticides (agricultural chemicals) which are in addition registered annually and included in the approved list of pesticides (agricultural chemicals);

22) consumption rate of pesticides (agricultural chemicals) - the mass of pesticide (agricultural chemical) per unit of the processed area (kilogram or liter on hectare/ton/sq.m.);

23) danger of pesticide (agricultural chemical) - probability of adverse effect per capita and the environment;

24) biological efficiency of use of pesticide - the result of use of pesticide expressed by indicators of death or decrease in number of harmful organisms or damage rates of the plants protected by it;

25) preparative form - form of use of pesticide (agricultural chemical) depending on its physical and chemical properties, toxicity, appointment and method of use (emulsion concentrate, suspension concentrate, granules, paste, the microencapsulated suspension, the moistened powder and (or) other forms);

26) the analytical standard - chemically net sample of active ingredient of pesticide (agricultural chemical);

27) prototype - pesticide (agricultural chemical) intended for registration and production testing in the quantity sufficient for their carrying out;

28) the registrant (applicant) - the physical person or legal entity which submitted the application for the carrying out registration, production testing and state registration of pesticide (agricultural chemical) which underwent registration process and received the registration certificate on pesticide (agricultural chemical) or the representative of this person having the power of attorney certified in accordance with the established procedure;

29) the registration certificate - the document confirming permission of authorized state body to use of pesticide (agricultural chemical) in the territory of the Republic of Kazakhstan;

30) registration process - procedure for carrying out registration, production testing and state registration of pesticides (agricultural chemicals);

31) the registration file - set of the documents submitted on registration of pesticide (agricultural chemical) and containing the data confirming their efficiency, safety and quality;

32) economic efficiency - the result of use of pesticide (agricultural chemical) in field conditions expressed by indicators of quantity and quality of the kept agricultural products;

33) reference pesticide (agricultural chemical) - the pesticide (agricultural chemical) similar to the tested pesticide (agricultural chemical) registered and used in production on phytosanitary appointment and chemical group.

3. The procedure for carrying out registration, production testing and state registration of pesticides (agricultural chemicals) includes:

1) order taking for carrying out registration and production testing of pesticides (agricultural chemicals);

2) organization of registration, production testing of pesticides (agricultural chemicals);

3) carrying out registration, production testing of pesticides (agricultural chemicals) by the organizations contractors;

4) carrying out toxicological assessment of pesticides (agricultural chemicals) by the organizations - contractors;

5) consideration of reports on results of the state registration and production testing, and also toxicological assessment of pesticides (agricultural chemicals);

6) consideration of the registration file of the registrant (applicant);

7) approval of state registration of pesticides (agricultural chemicals) in authorized bodies in the field of health care and environmental protection;

8) state registration of pesticide (agricultural chemical);

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