ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 19, 2010 No. 1219

About approval of the technical regulation "Requirements to Safety of Toxic and Highly Toxic Substances"

According to the order of the Government of the Republic of Kazakhstan of December 29, 2009 "About approval of the Plan for development of technical regulations" the Government of the Republic of Kazakhstan DECIDES: No. 2243

1. Approve the enclosed technical regulation "Requirements to Safety of Toxic and Highly Toxic Substances".

2. This resolution becomes effective after six months from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 19, 2010, No. 1219

Technical regulation "Requirements to Safety of Toxic and Highly Toxic Substances"

1. Scope

1. This technical regulation "Requirements to Safety of Toxic and Highly Toxic Substances" (further - the technical regulation) establishes mandatory requirements to toxic and highly toxic substances, life-threatening and health of the population, the environment, and also to production processes in case of which it is designed, made, used, it is processed, formed, one of toxic and highly toxic substances is stored, transported, destroyed at least (further - dangerous production processes).

The exhaustive List of toxic and highly toxic substances concerning which safety requirements are established is given in appendix 1 to this technical regulation.

2. Dangerous factors (risks) of toxic and highly toxic substances, concerning probability of damnification of life to live organism and the environment are:

1) risk of essential toxic impact on live organisms, capable to lead of them to death;

2) risk of essential high-toxic impact on live organisms, capable to lead of them to death;

3) risk of the dangerous impact on the surrounding environment including which is characterized in the water circle by indicators of acute toxicity.

3. Factors which should be avoided in case of dangerous production processes concerning probability of damnification to health of the person, live organism and the environment are:

1) risk of toxic and high-toxic impact per capita and live organism in case of inhalation (inhalation effect) of poisonous chemical products;

2) risk of toxic impact of the dangerous products causing visible necrosis (defeat) of integuments of human body and live organism;

3) risk of toxic impact of the dangerous products causing irreversible effects in case of hit in eyes;

4) risk of toxic impact of the dangerous products on human body having the sensibilizing action in case of inhalation that is expressed as the increased sensitivity reaction (asthma, rhinitis, conjunctivitis, alveolit);

5) risk of toxic impact of the dangerous products on human body having the sensibilizing action in case of contact with integuments that can lead to allergic contact dermatitis;

6) risk of toxic impact of dangerous products on the human body and live organism causing availability of mutations in somatic cages;

7) risk of toxic impact of dangerous products on the human body and live organism causing carcinogenicity availability for the person and live organism;

8) risk of toxic impact of dangerous products on the human body and live organism making harmful effects on reproduction function;

9) risk of toxic impact of dangerous products on the human body and live organism making harmful effects on target organ and/or system in human body or animals in case of single and chronic impact;

10) risk of harmful effects of the dangerous products having acute toxicity in the water circle on fish and other water animals, seaweed that can lead to essential toxic impact on them;

11) risk of harmful effects of the dangerous products having chronic toxicity in the water circle on fish and other water animals, seaweed that can lead to essential toxic impact on them;

12) contamination hazard of surface water of water objects of economic and drinking and cultural and community water use;

13) contamination hazard dangerous products of atmospheric air;

14) contamination hazard dangerous products of the soil;

15) adverse effect on the environment of dangerous industrial wastes;

16) contamination hazard of food products heavy metals and arsenic, nitrosamines, бенз (and) prina, polychloride biphenyls and histamines at all stages of agricultural and industrial production of food staples and foodstuff, and also their storages, packaging and marking;

17) risk of adverse effect of industrial wastes on the environment.

4. Identification of products containing toxic and highly toxic substances for the purpose of establishment of its belonging to coverage of this Technical regulation is carried out on the following signs characterizing it:

1) high-quality and quantitative parameters of component structure;

2) danger class;

3) method of application.

5. Identification signs of products containing toxic and highly toxic substances are determined by person delivering dangerous products on the market proceeding from:

1) compliance of specific products to analog, sample or its technical description;

2) identity or content of each toxic element in substance;

3) belongings of products containing toxic and highly toxic substances to classification group (code of the Single commodity nomenclature of foreign economic activity of the Customs union);

4) the main characteristics determining belonging to group of homogeneous dangerous products

5) appointment indicators.

6. Reference or not reference of the identifiable products containing toxic and highly toxic substances to dangerous products to which action of this Technical regulation extends is result of identification. Results of identification and the name of dangerous products are drawn up by the protocol in which the bases for the accepted determination are specified, the protocol is stored at person delivering dangerous products on the market and it is represented to monitoring bodies when carrying out scheduled and unscheduled inspections.

2. Terms and determinations

7. In this Technical regulation the concepts provided by the laws of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" and of April 3, 2002 "About industrial safety on hazardous production facilities" and also the following are used:

1) dose - amount of the substance which arrived or entered into organism or long impact on organism of some factor taking into account its intensity;

Of 2) lethal dose - the minimum quantity of hazardous substance or impact, hit or impact of which on organism leads to death of the last;

3) toxic dose - the minimum quantity of toxic substance leading to organism poisoning;

4) dangerous products - dangerous chemical products, dangerous food products, dangerous wastes which part, at least, one toxic substance making impact on health of the person and the environment in the concentration given in Appendix 1 is;

5) precautionary marking - information on dangerous properties of dangerous products and on security measures at stages of the treatment of her applied on products and (or) packaging according to requirements of technical regulations in the field of safety of products containing toxic and highly toxic substances;

6) the material safety data sheet of products - the document containing data on characteristics of dangerous products and measures for ensuring safe handling of it;

7) chemical products - products which passed technological stages of allocation from natural resources and (or) transformations of raw materials with use of chemical reactions and suitable for use for requirements satisfaction of the person or for production in the form in which it is issued by manufacturer;

8) dangerous chemical products - the chemicals having properties which can make harmful effects on life and health of the person, the environment;

9) classification of dangerous chemical products - separation of the chemical products containing toxic and highly toxic substances on classes of danger and categories of chemicals for detection of its properties which make or can make harmful effects on life and health of the person, the environment;

10) carcinogens - the chemicals or factors causing cancer diseases or promoting their origin;

11) ecologically dangerous object - economic and other object, construction and which activities can make or makes harmful effects on human health and the environment;

12) the passport of dangerous wastes - the document containing the standardized description of processes of formation of waste in the place of their origin, their quantitative and qualitative indexes, rules of the treatment of them, methods of their control, types of harmful effects of this waste on the environment, health of the person and (or) property of persons, the information about producers of the waste, other persons having them in property;

13) classification of waste - procedure for reference of waste to classes according to their danger to the environment and health of the person;

14) superficial water objects - permanent or temporary concentration of waters on land surface in the forms of its relief having borders, amount and the water mode;

15) the dangerous water circle - the water circle (water, fish, plangtonny organisms, seaweed) containing toxic and ostrotoksichny substances when using which can arise unacceptable risk for life and health of the person and the environment;

16) threshold limit value (further - maximum allowable concentration) - the maximum quantity of harmful chemical in unit of volume which in case of daily impact does not make the harmful effects on human body found by modern methods of researches for a long time; is genetic criterion in case of assessment of sanitary and epidemiologic state of environment (air of the working area, atmospheric air, water objects and the soil);

17) approximate admissible levels (further - the ODE) - the admissible levels of substances in water developed on the basis of calculation and express and experimental methods of the forecast of toxicity and applicable only at stage of precautionary sanitary inspection behind the projectible or companies under construction, treatment facilities;

18) assessment of conformity - the proof of accomplishment of the set requirements to products, process, service, system of management, personnel, gage, the test equipment, techniques of accomplishment of measurements by means of confirmation of conformity, carrying out testing, researches, measurements, checking, calibration and certification;

19) dangerous goods - any substances, materials, products, waste of productive and other activity which owing to properties inherent in them can in transit, production of handling works and storage to serve as cause of explosion, the fire or damage of technical means, devices, buildings and constructions, and also death, injuring and disease of people, animal, to do harm to the surrounding environment;

20) toxic waste - the waste containing substances which in case of hit to the environment pose or can pose threat for the person as a result of bioaccumulating and (or) toxic impact on biotic systems (GOST 30772-2001);

21) the address of dangerous products - implementation of production, conversion, acquisition, storage, realization, use and destruction of dangerous products in the territory of the Republic of Kazakhstan.

3. Conditions of placement of the dangerous products containing toxic and highly toxic substances in the market of the Republic of Kazakhstan

8. Toxic and highly toxic substances, and also dangerous production processes shall conform to requirements, the Ecological Code of the Republic of Kazakhstan of January 9, 2007, the Water code of the Republic of Kazakhstan on July 9, 2003, the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" and the laws of the Republic of Kazakhstan of November 9, 2004 "About technical regulation", of April 3, 2002 "About industrial safety on hazardous production facilities", of July 21, 2007 "About safety of chemical products", of July 21, 2007 "About safety of food products".

9. In case of market circulation of the Republic of Kazakhstan of the dangerous products containing toxic and highly toxic substances throughout all production processes of its lifecycle damnification of life and to health of the person, property of physical persons or legal entities, state-owned property, the environment, life or health of animals and plants resulting from not purposeful emergence of new substances from is not allowed:

1) interactions among themselves different types of dangerous products, mass of the addressing dangerous products,

2) duration of its stay in the address,

3) impacts on dangerous products of factors of the environment.

10. The dangerous products containing toxic and highly toxic substances are placed in the market of the Republic of Kazakhstan in the presence of the certificate (copy) of compliance or the declaration of conformity, mark of conformity depending on form and features of assessment of conformity of specific group of dangerous products.

4. Requirements to safety of toxic and highly toxic substances

Requirements to safety of toxic and highly toxic substances and to products containing toxic and highly toxic substances on blueprint stage

11. This technical regulation on blueprint stage establishes, taking into account risk degree of damnification of life or to human health and the environment, by each type of potentially dangerous risk specified in item 2 of this technical regulation, mandatory requirements to the following homogeneous groups of dangerous products and the dangerous environment:

1) dangerous chemical products;

2) dangerous food products;

3) dangerous environment (dangerous atmospheric air, dangerous water circle and dangerous soil);

4) dangerous wastes;

12. The project of dangerous products and dangerous production processes is carried out developed) based on the specification on designing according to requirements of the legislation of the Republic of Kazakhstan.

13. When designing dangerous products and dangerous production processes for the identified dangers risk degrees by calculation method according to requirements of the harmonized standards or by data the express - experimental methods of the forecast of toxicity of similar objects are estimated.

14. The risk of dangerous impact shall be reduced to almost possible, considering scientific and technical methods, maximum-permissible concentration of impact of toxic and highly toxic substances and conditions of the environment, applying technologies and the equipment, last assessment procedures of compliance, to requirements in the field of industrial safety and to hygienic standard rates.

Minimum necessary requirements to safety of the dangerous products containing toxic and highly toxic substances

15. It is forbidden to make, use, process, store, to transport the dangerous products containing lethal doses or indicators of acute toxicity at least of one of dangerous substances:

The toxic substance capable in case of impact of live organisms to lead of 1) to their death and having the following characteristics:

average lethal dose in case of introduction in stomach from 15 to 200 milligrams on kilogram of weight inclusive;

average lethal dose when drawing on skin from 50 to 400 milligrams on kilogram of weight inclusive;

average deadly concentration in air from 0,5 to 2 milligrams on liter inclusive;

The highly toxic substance capable in case of impact of live organisms to lead of 2) to their death and having the following characteristics:

lethal dose in case of introduction in stomach no more than 15 milligrams on kilogram of weight;

lethal dose when drawing on skin no more than 50 milligrams on kilogram of weight;

average deadly concentration in air no more 0,5 of milligrams on liter;

3) constituting danger to the surrounding environment, including characterized in the water circle by the following indicators of acute toxicity:

average lethal dose in case of inhalation effect on fish within ninety six hours no more than 10 milligrams on liter;

the average concentration of dangerous substances causing certain effect in case of impact on water flea within forty eight hours, no more than 10 milligrams on liter;

the average inhibiting concentration in case of impact on alga within seventy two hours no more than 10 milligrams on liter.

16. If several types of dangerous substances of the same category are applied, then their total threshold quantity is determined by condition:

where m (i) - amount of the applied substance;

M (i) - threshold amount of the same substance according to this list for all i from 1 to n.

17. Safety of products containing toxic and highly toxic doses of substances is provided by means of fulfillment of requirements to:

a) identifications of products placed in the market;

b) danger classifications;

c) to ensuring precautionary marking and/or material safety data sheet;

d) to assessment and confirmation of conformity of observance of requirements imposed to products by this technical regulation, acts of the current legislation, international agreements and agreements.

Responsibility for the proper observance of security measures of dangerous products containing toxic and highly toxic substances carries person who is the owner of dangerous products at each stage of its lifecycle.

Classes of dangers, criteria and main indicators of toxic substances and dangerous products

18. Reference of dangerous chemical products, the dangerous food products containing toxic and highly toxic substances to certain class / to classes of danger is performed by comparison of the available data with the established criteria of classification of danger according to the Laws of the Republic of Kazakhstan "About safety of chemical products" and "About safety of food products".

19. Classification of the dangerous chemical products containing toxic and highly toxic doses of substances is established on danger classes.

20. Reference of dangerous chemical products to certain class / to classes of danger is performed on the basis of the known data on dangerous properties of the chemicals and mixes given in the Kazakhstan and/or international registers and lists of dangerous (potentially dangerous) substances, and also data obtained in case of researches of properties of danger as a result of the testing which are carried out by the test laboratories, or the centers recognized at the international level accredited on this type of activity.

21. And the dangerous products containing the toxic and highly toxic substances connected with impact per capita represents classes of dangers of toxic substances:

1) poisonous chemical products which belong to one of five classes of danger according to Appendix 2.

2) the dangerous chemical products causing damage (necrosis)/irritation of skin which belongs to one of danger classes according to Appendix 3.

3) the dangerous chemical products causing serious damage eye/irritation of eyes belong to one of two classes of danger according to Appendix 4.

4) the dangerous chemical products having the sensibilizing effect, provided in Appendix 5.

5) the dangerous chemical products making impact of mutagenicity for the person provided in Appendix 6.

6) the dangerous chemical products making impact of kantserogentnost for the person provided in Appendix 7.

7) the dangerous chemical products influencing reproduction function provided in Appendix 8.

8) the dangerous chemical products having the selective toxicity on target organs and/or systems in case of single impact provided in Appendix 9.

9) the dangerous chemical products having the selective toxicity on target organs and/or systems in case of repeated or long impact provided in Appendix 10.

22. The toxic and highly toxic substances making harmful effects on the environment are classified on category by impact on the substances dangerous to the water environment; substances dangerous to the air environment (atmospheric air and ozone layer) and soil.

23. The chemical products having acute toxicity for the water circle (fish, plangtonny organisms, seaweed), belong to one of three classes of danger, according to Appendix 11.

The class of danger of the chemical products having chronic toxicity in the water circle (fish, plangtonny organisms, seaweed), belongs to one of four classes of danger, according to Appendix 12.

24. Criteria and the main indicators of characteristics of toxic substances, in case of establishment of classes of danger of substances, are given in Appendices 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, 11 and 12.

25. With food in human body considerable part of toxic substances of chemical and biological breed arrives.

26. In superficial water objects the following classes of danger of substances are established:

The I class - extremely dangerous,

The II class - highly hazardous,

III class - dangerous,

The IV class - moderately dangerous.

27. Are the basis for classification the indicators, maximum allowable concentration of chemicals and the ODE of substances in water specified in Appendix 13, the dangers to the person of the chemical compounds contaminating water characterizing different degree depending on toxicity.

28. Classes of danger of substances consider:

1) in case of the choice of the connections which are subject to first-priority control in water as indicator substances;

2) in case of establishment of the sequence of the water preserving actions requiring additional capital investments;

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