Article 15-1. State Phytosanitary Control of the Law on Plant Protection

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1. State phytosanitary control is carried out in the form of inspection, preventive control with a visit to the subject (object) of control, preventive control without a visit to the subject (object) of control and investigation.

Inspection and preventive control with a visit to the subject (object) of control are carried out in accordance with the Business Code of the Republic of Kazakhstan.

1-1. State phytosanitary control and supervision of potentially dangerous biological facilities where pathogenic biological agents are handled shall be carried out taking into account the specifics provided for by the legislation of the Republic of Kazakhstan in the field of biological safety.

2. Preventive control without visiting the subject (object) of control and investigation are carried out in accordance with the Business Code of the Republic of Kazakhstan and this Law.

3. Preventive control without visiting the subject (object) of control is carried out by the department of the authorized body and (or) its territorial divisions by analyzing and comparing data and information.:

1) from information systems;

2) from phytosanitary accounting and reporting;

3) coming from organizations that are part of the state plant protection system of the Republic of Kazakhstan;

4) from open sources, mass media.

The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the department of the authorized body and (or) its territorial divisions based on the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.

Preventive control without visiting the subject (object) of control is carried out by analyzing, comparing data and information available in the authorized body, and (or) information received from organizations, subjects of control, government agencies, authorized bodies of other states.

Preventive monitoring without visiting the subject (object) of control is carried out quarterly no later than the 25th day of the month following the reporting period.

In case of detection of violations based on the results of preventive control without visiting the subject (object) of control in the actions (inaction) of the subject of control, a recommendation is drawn up and sent no later than five working days from the date of detection of violations.

The recommendation must be delivered to the subject of control personally against signature or in any other way confirming the facts of sending and receiving.

A recommendation sent in one of the following ways is considered to have been served in the following cases::

1) on purpose – from the date of the mark in the receipt recommendation;

2) by registered mail;

3) by electronic means – from the date of sending to the e-mail address of the control entity specified in the request letter.

The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control must be executed within ten working days from the day following the day of its delivery.

In case of disagreement with the violations specified in the recommendation, the control entity has the right to send an objection to the department of the authorized body and (or) its territorial divisions that sent the recommendation within five working days from the day following the day of delivery of the recommendation.

Failure to comply with the recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control by including in the semi-annual list of preventive control with a visit to the subject (object) of control.

4. The decision to conduct preventive control with a visit to the subject (object) of control in order to conduct a survey of the territory and facilities to identify and establish the causes and spread of harmful and (or) especially dangerous harmful organisms, as well as to identify the facts of the sale, storage, use and (or) import of pesticides that have not passed state registration, falsified pesticides accepted by the head of the regional (city of republican significance, of the capital) of the territorial subdivision of the department of the authorized body in the presence and (or) receipt of information:

1) on the spread of a previously unregistered harmful and (or) especially dangerous harmful organism in the territory of the region (city of republican significance, capital);

2) about the deterioration of the phytosanitary situation of the border territories with the countries bordering the Republic of Kazakhstan and regions (facts of migration of especially dangerous harmful organisms);

3) on carrying out operational phytosanitary measures against especially dangerous harmful organisms in the relevant territory;

4) on the facts of the sale, storage, use and (or) import of pesticides that have not passed state registration, falsified pesticides in order to prevent their spread;

5) on the revealed facts of the presence of a residual amount of pesticides in crop production exported from the relevant territory.

The Law of the Republic of Kazakhstan dated July 3, 2002 No. 331.

This Law defines the legal, economic and organizational bases for carrying out activities in the field of plant protection from pests, weeds and plant diseases and is aimed at preserving crops, their quality and preventing harmful effects on human health and the environment when implementing phytosanitary measures in the territory of the Republic of Kazakhstan.

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Republic of Kazakhstan

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