ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 15, 2016 No. 724

About approval of the Technical regulation "Requirements to Marking of Products"

According to the subitem 17) "About technical regulation" I ORDER to part two of article 7 of the Law of the Republic of Kazakhstan of November 9, 2004:

1. Approve the enclosed Technical regulation "Requirements to Marking of Products".

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) the direction of the copy of this order in paper and electronic type on official publication in periodic printing editions and information system of law of Ad_let, and also in Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of state registration in the Ministry of Justice 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;

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 this Item.

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.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of October 15, 2016, No. 724

Technical regulation "Requirements to Marking of Products"

Chapter 1. General provisions

1. This Technical regulation "Requirements to Marking of Products" (further - the Technical regulation) is developed according to the subitem 17) of part two of article 7 of the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" (further - the Law) and establishes general requirements to marking of products.

2. The technical regulation extends to the products of national, import production and also made in the territory of the Eurasian Economic Union, realized in the territory of the Republic of Kazakhstan and does not extend to the relations established by the international treaties and acts constituting the right of the Eurasian Economic Union including does not extend to products which are object of technical regulation of technical regulations of the Eurasian Economic Union (Customs union).

3. Provisions of the Technical regulation are subject to application when designing (including researches), production, construction, installation, adjustments, operation, storage, transportation, realization and utilization of products, carrying out the state control of observance of the requirements established by technical regulations and also in case of confirmation of conformity.

4. The requirements to marking of separate types of products established in the technical regulations and regulating documents on standardization existing in the territory of the Republic of Kazakhstan, except for technical regulations, specified in Item 2, are applied regarding not contradicting requirements of the Technical regulation.

5. In the Technical regulation the following terms and determinations are applied:

1) date of packaging (packing, pouring of liquid products) - date of placement of products in packaging (container);

2) date of production (production) - the date which is put down by the manufacturer (producer), informing on the moment of the end of engineering procedure of production (production) of products;

3) the manufacturer (producer) - the physical persons or legal entities making products for the subsequent alienation or own consumption in the production purposes;

4) expiration date - period of time after which the goods are considered unsuitable for proper use;

5) packaging (container) - product which is used for placement, protection, transportation, loading and unloading, delivery and storage of raw materials and finished goods;

6) the supplier - the physical person or legal entity providing products;

7) the name of the place of origin of products - the designation which is representing or containing the name of the country, region, settlement, area or other geographical specifying, and also the specifying derivative of such name and became known as a result of its use in respect of products, special characteristics, quality, reputation or other characteristics of which are connected mainly with its geographical origin, including characteristic environment and (or) human factors;

8) marking - the texts, trademarks, symbol and drawings bearing information for the consumer and applied on products, documents, instruction sheets (inserts), labels, labels, packaging (container);

9) the trademark - the designation registered according to the legislation or protected without registration owing to international treaties in which the Republic of Kazakhstan participates, serving for difference of products of one legal entities or physical person from homogeneous products of other legal entities or physical persons;

10) the collective trademark is the trademark of association (union) or other consolidation of legal entities and (or) individual entrepreneurs serving for designation of the products which are turned out or sold by them having single quality or other characteristics.

Chapter 2. Requirements to marking of products

6. The manufacturer (producer) and (or) the supplier in case of release into the stream of commerce of products provides with the complete, necessary, unambiguously understood and reliable information about it excluding deception and input in delusion of consumers concerning structure, properties, appointments, the manufacturer (producer) and (or) the supplier, the storage condition, transportation, operation, utilization, method of production (production) and the use (application), date of production (production), energy consumption (for the energy-requiring equipment), origins, expiration date, weight, amount, quantity, and also other data directly or indirectly characterizing quality and safety of products and providing possibility of their right choice.

7. Information for the consumer in case of sales of products is provided with products, the text, symbols and (or) drawings on packaging (container), the label, label, documents, instruction sheets (inserts) taking into account requirements imposed according to the legislation of the Republic of Kazakhstan to marking of separate types of products.

In case of sales of products, information for the consumer is provided by the manufacturer (producer) and (or) the supplier.

8. Information for the consumer on packaging (container), the label, label, documents, instruction sheets (inserts) on application and the text in marking are put in the Kazakh and Russian languages.

Information for the consumer is stated taking into account regulations of spelling Kazakh and Russian in which information for the consumer on products is given.

9. Information for the consumer have on each unit of production in the place, convenient for reading (acquaintance), on packaging (container), the label, label, documents, instruction sheets (inserts).

10. Information for the consumer is placed by the method provided by regulating documents on standardization and it is represented in accurate and easily readable form.

11. In information for the consumer the name (designation) of the regulating document on standardization according to which it is made is specified products (are made).

12. Information for the consumer on confirmation of conformity of products is submitted the manufacturer (producer) and (or) the supplier in type:

the mark of conformity put according to the existing regulating documents on standardization;

the certificate of conformity (copy of the certificate of conformity) or the declaration of compliance (the copy of the declaration of compliance) according to the legislation in the field of the technical regulation accompanying products.

Information on confirmation of conformity of unpacked or bulk products to the consumer is brought by the supplier.

13. In information for the consumer on products the product name is specified.

14. The product name is established according to the requirement of regulating documents for standardization.

15. The product name can be put with letters of the Latin alphabet.

16. It is allowed to include the name of the place of its origin in case of observance of the following conditions in product name:

the historical name of geographical object can be the name of the place of origin of products;

in information for the consumer (collective) trademark registered or accepted by the manufacturer (producer) without registration according to the procedure, established in the countries of the location of the manufacturer (producer) - the owner of this trademark is specified;

is not recognized the name of the place of origin of products designation of which, represents or the containing name of geographical object but which entered in the Republic of Kazakhstan the general use as designation of products of the certain type which is not connected with the place of its production (production);

it is not allowed to change to other use of the registered name of the place of origin of products by the legal entities and physical persons which are not owners of right to use by this name.

17. In product name it is not allowed:

specify, the name of other similar products;

appropriate to products the name misleading consumers concerning origin (nature) of products.

18. Information for the consumer on products includes information on distinctive properties of products, condition and special processing (in the presence) according to the existing regulating documents on standardization on separate type of products.

19. In case of use in case of production (production) of products of the processed main ingredient, the relevant information is located near the name of ingredients in the list of the ingredients which are part of products.

20. In the presence as a part of two and more constituting (ingredients), the structure of products according to the procedure of decrease/reduction of share of content is specified. If products are made made) from two main components (ingredients), it is allowed to specify them in product name, at the same time, without specifying them separately as structure (set) of products.

21. The name of the manufacturer (producer), packer, supplier, the organization accepting claims on product quality and the licensor (if products are made it (is made) according to the license), corresponds to the name registered in accordance with the established procedure in the country of its location.

22. In information for the consumer the name and the location (legal address) of the manufacturer (producer), supplier, the organization accepting claims on product quality is specified; the licensor (if products are made it (is made) according to the license), registration number and registration date for products which are subject according to the legislation of the Republic of Kazakhstan of state registration.

23. If products made (made) in one country undergo the subsequent technological processing or assembly in other country which changes its properties and (or) turns into end finished goods, then when drawing information for the consumer, the country which was carrying out the subsequent technological processing or assembly is considered as the country manufacturer (-the producer) these products.

24. Legal address of the manufacturer (producer), packer, supplier, the organization accepting claims on product quality and the licensor (if products are made it (is made) according to the license), includes country name, the cities (the area and the settlement), streets, house number and office. Means of communication of specified persons can be in addition specified: phone, fax, e-mail address, Internet resource.

25. If the manufacturer (producer) of products is not at the same time packer, the supplier, except the name of the manufacturer (producer) and its legal address in information for the consumer the name of the packer, supplier and their legal addresses are specified.

26. In information for consumers the name and the address of the organization accepting in the territory of the Republic of Kazakhstan, the claim (offer) on product quality from consumers are specified.

Information on the organization accepting in the territory of the Republic of Kazakhstan, the claim from consumers on product quality is specified in the following cases:

if products are made (are made) in other country;

if the legal address of the manufacturer (producer) does not match with legal address of the organization accepting claims from consumers.

27. Absence on packaging (container) of legal address of the organization accepting claims from consumers means that claims are accepted on legal address of the manufacturer (producer) provided that this manufacturer (producer) is located in the territory of the Republic of Kazakhstan.

28. The organizations which acquired in accordance with the established procedure the right (license) for production (production) and sales of products place trademarks of the organizations, companies and firms which granted them this right (license) on packaging (container).

29. In information for the consumer net weight, gross, the main sizes and amount of products are specified in metric system of measures (International System of Units) on packaging (container).

30. Gross, the main sizes or amount of product at the discretion of the manufacturer (producer) establish net weight on products for which the techniques of accomplishment of measurements entered in the Register of state system for ensuring the uniformity of measurements, or regulating documents on standardization are in accordance with the established procedure approved.

31. For products in which the main component is in the liquid circle (in information for the consumer) except lump the mass of the main products on packaging (container) net is specified.

32. For the liquid packed-up products in information for the consumer specify value of amount, for other types of products having loose, firm, pasty or viscoplastic consistence, gas cavities and also products for which there are no standardized techniques of accomplishment of measurements of density - value of net weight.

33. For products sold in single quantity (by the piece) or "on weight" (are weighed in the presence of the consumer), the net weight, the main sizes or amount of which in case of storage decreases, in information for the consumer it is allowed not to specify value of net weight or amount of product.

34. Storage conditions specify for products requiring special storage conditions (the lowered temperature, the light mode and others).

35. If products have period of time on which expiration it is considered unsafe for use, products expiration date is established.

The expiration date is established by the manufacturer (producer) of products with obligatory specifying of storage conditions and taking into account the requirements provided by regulating documents on standardization.

The expiration date established by the manufacturer (producer) guarantees products compliance to safety requirements of life and to health of consumers, in case of observance of the established storage conditions.

The expiration date is estimated from the date of production (production) of products.

Depending on duration the expiration date is specified as follows: "It is suitable... (hours, days, months or years)", "It is suitable to... (date)", "Use to... (date)", "It is suitable during... (hours, days, months or years)", "Service life... (years - hours - cycles)".

36. If the expiration date is specified words "It is suitable during.... (hours, days, months or years)", date of production (production) of products is applied on the label or packaging (container).

Specifying of date of production (production), packaging, the termination of expiration date to put in the way просечек (marks) against numbers in edges of labels or repayment of the numbers corresponding to date is allowed.

37. Date of pouring of the transparent colourless liquid types of products spilled in colourless packaging (container) is applied on the reverse side of the label seen from reverse side of packaging (container).

38. The bar code identifying specific products is placed according to the existing regulating documents on standardization, on the label and (or) packaging (container) in convenient for reading by scanners the place.

39. Products can be followed by any other information which is characterizing products, including advertizing, not contradicting the legislation the Republic of Kazakhstan.

40. If on packaging (container) of the small sizes (the area of one party does not exceed 10 cm 2) it is impossible to put the necessary text of information for the consumer on product completely, then information is allowed to be placed on group packaging (container) or the insert attached to each unit of individual or group packaging (container). Also accompany with information for the consumer each unit of group packaging (container) in which products are on sale sets.

In case of realization to consumers of products in previously not packed up type when products are packed up in trade rooms (places of sale), including in the presence of the buyer, it is allowed to place information on them on the insert attached to each packing unit (container) on the price label or the information leaflet in close proximity to products.

Products which are in places of sale in sacks shall contain information provided for the packed or packaged similar products. Information for the consumer is placed on the label attached to sack.

The manufacturer (producer) of products has information for the consumer on the same place of packing unit (container).

Information for the consumer it is allowed to have in one or several places, convenient for reading.

41. Safety requirements in case of storage, transportation, use, utilizations (conversion), destruction of products are selected from other information for the consumer with other font, color or different ways.

If packaging (container) in which products are placed is covered with additional packaging, then or the label of inside package shall be easily readable through outside packaging, or on outside packaging there shall be similar label.

42. The means of drawing information for consumers contacting to products shall not influence safety and product quality, shall provide firmness of marking in case of storage, transportation and sales of products.

43. Safety of information for the consumer on products applied in the conditions of active impact of the environment or in special conditions (high or low temperature, aggressive environment and others), is provided with one of the following methods or their combination:

use of material carrier, resistant to impact (moisture resistant, heat-resistant and other);

application of the corresponding method of drawing (expression, etching and other);

application of cover, resistant to impact (transparent film, packet, box and others).

44. The sizes and data representation form for the consumer, including markings, are determined according to the size and form of packaging (container).

 

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