Article 7. Competence of the authorized body of the Plant Quarantine Law

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1. Authorized body:

1) formulates and implements the state policy in the field of plant quarantine;

2) carries out state quarantine phytosanitary control and supervision;

3) carries out coordination and methodological guidance of the activities of local executive bodies in the field of plant quarantine;

3-1) ensures the development of relations between the Republic of Kazakhstan and foreign countries in the field of plant quarantine;

4) develops and approves rules for the seizure and destruction of quarantined products contaminated with quarantine facilities that are not subject to disinfection or processing;

5) develops and approves quarantine phytosanitary requirements, including taking into account the requirements of the legislation of the Republic of Kazakhstan in the field of biological safety;

5-1) defines a list of requirements, the violation of which entails the use of rapid response measures, and also defines, in relation to specific violations of the requirements, a specific type of rapid response measure, indicating the duration of this measure (if necessary).

The list of requirements, the violation of which entails the use of rapid response measures, includes requirements that are subject to state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.;

5-2) develops and approves the procedure for conducting an investigation in the field of plant quarantine;

6) develops and approves the list of quarantined products;

7) develops and approves rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species;

7-1) develops and approves rules for reimbursing individuals and legal entities for the costs of planting and growing destroyed fruit and berry crops infected with bacterial burns of fruit trees;

7-2) develops and approves rules for conducting phytosanitary risk analysis;

7-3) issues, suspends, and revokes account numbers;

7-4) develops and approves the procedure for the use of material and technical means for photo and video recording in the implementation of state quarantine phytosanitary control and supervision;

8) develops and approves a list of quarantine facilities and alien species, in relation to which plant quarantine measures are being established and implemented;

8-1) develops and approves a list of quarantine facilities and alien species, in relation to which measures to localize and eliminate foci of spread are carried out at the expense of budgetary funds;

8-2) develops and approves rules for the formation, management and maintenance of working collections of pathogenic and industrial microorganisms used in the field of plant quarantine;

9) decides on the establishment of a quarantine zone with the introduction of a quarantine regime or its cancellation on the territory of two or more regions (except in cases of local spread of a quarantine facility on the territory of regions), and also develops and approves the procedure for plant quarantine measures in these zones and monitors and supervises their implementation;

10) develops and approves the procedure for creating and storing a stock of pesticides for plant quarantine activities;

11) carries out state control over compliance with the legislation of the Republic of Kazakhstan in the field of plant quarantine by local executive bodies;

12) determines the list of quarantine facilities in relation to which plant quarantine measures are being established and implemented;

13) creates a database on the availability and distribution of quarantine facilities in the Republic of Kazakhstan and other countries, measures and measures to combat them, posts information on the official Internet resource and provides it upon request to interested parties;

13-1) determines quarantined facilities, zones, places, production sites, free or with limited distribution of quarantine facilities and (or) alien species, provides confirmation to the importing country and provides access to representatives of the importing country for inspection in cases provided for by international treaties ratified by the Republic of Kazakhstan;

14) develops and approves regulations on state plant quarantine inspectors;

15) approves methods, techniques, recommendations regulating the procedure and methods of plant quarantine measures;

16) develops, together with scientific research organizations, quarantine phytosanitary measures based on the rules for conducting phytosanitary risk analysis, including taking into account biological risk management methods in accordance with the legislation of the Republic of Kazakhstan in the field of biosafety, international standards and recommendations, and carries out constant monitoring and supervision of their implementation by individuals and legal entities;

17) establishes the qualification requirements for holding the position of Chief State Plant Quarantine Inspector and State Plant Quarantine Inspectors;

18) organizes plant quarantine activities and carries out control and supervision over their implementation within its competence;

19) determines the conditions of transit of quarantined products;

19-1) introduces and cancels temporary quarantine phytosanitary measures in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species.;

20) carries out public procurement of pesticides, works and services for their storage, transportation, and use for plant quarantine activities in accordance with the procedure established by the legislation of the Republic of Kazakhstan on public procurement;

21) creates a stock of pesticides for carrying out plant quarantine measures in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

22) distributes pesticides purchased at the expense of budgetary funds throughout the territory of the Republic of Kazakhstan for plant quarantine activities;

23) conducts primary quarantine phytosanitary control and supervision of imported, exported and transit quarantined products at phytosanitary control posts, if necessary – its quarantine phytosanitary examination and (or) laboratory examination with sampling, for vehicles and devices for transportation (including cabins, salons, baggage and cargo compartments of vehicles, containers), hand luggage and baggage of individuals, draws up an act of quarantine phytosanitary control and supervision, affixes on the accompanying goods transport documents the appropriate the stamp of the established sample on passing the state quarantine phytosanitary control and supervision;

24) conducts secondary quarantine phytosanitary control and supervision at the destination of quarantined products, sampling, if necessary – quarantine phytosanitary examination and (or) laboratory examination, taking into account the phytosanitary characteristics of the territory and its place of origin, destination, as well as zones, places, production sites, free or with limited distribution of quarantine facilities and (or) alien species, for vehicles and transportation devices (including cabins, salons, baggage and cargo compartments of vehicles, containers), hand luggage and baggage of individuals, draws up an act of quarantine phytosanitary control and supervision, affixes the appropriate stamp of the established pattern on the passage of state quarantine phytosanitary control and supervision on the accompanying commodity and transport documents.;

25) conducts permanent quarantine inspection at the places of shipment of exported quarantined products, if necessary, quarantine phytosanitary examination and (or) laboratory examination with sampling and phytosanitary certification;

26) conducts documentary state quarantine phytosanitary control at phytosanitary control posts of imported, exported and transit quarantined products;

27) conducts a permanent inspection of quarantined products, if necessary, its quarantine phytosanitary examination and (or) laboratory examination with sampling, and reviews quarantine documents at domestic trade facilities and organizations of the Republic of Kazakhstan;

28) conducts permanent control sample surveys of territories and premises of organizations, domestic trade facilities, peasant or farm, household and suburban farms that grow, harvest, store, process and sell products of plant origin, agricultural, forestry, water and other lands.;

29) issues and monitors the execution of regulations:

on elimination of the revealed violations of the legislation of the Republic of Kazakhstan in the field of plant quarantine;

on the implementation of plant quarantine measures;

30) submits a statement of claim to the court for the prohibition or suspension of the activities of individual entrepreneurs and legal entities in accordance with the procedure and on the grounds established by legislative acts of the Republic of Kazakhstan;

31) organizes and controls measures for the study of imported seed and planting materials in an authorized organization for the presence of latent contamination with quarantine objects and alien species;

Note from <url>! Subparagraph 32) is amended by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 01.01.2025).

32) issues phytosanitary and quarantine certificates for quarantined products;

33) ensures compliance with international standards and requirements in accordance with concluded agreements in the field of plant quarantine;

34) carries out international cooperation in the field of plant quarantine;

35) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);

36) develops and approves, within its competence, regulatory legal acts in the field of plant quarantine;

37) exercise other powers provided for by this Law and other legislation of the Republic of Kazakhstan.

2. The Head of the Department is the Chief State Plant Quarantine Inspector of the Republic of Kazakhstan, and his deputy is the Deputy Chief State Plant Quarantine Inspector of the Republic of Kazakhstan.

The heads of regional (cities of republican significance, the capital), district, and cities of regional significance of the territorial divisions of the department are the chief state plant quarantine inspectors of the respective regions (cities of republican significance, the capital), districts, and cities of regional significance.

Other officials of the department and its territorial divisions who directly carry out state quarantine phytosanitary control and supervision are state plant quarantine inspectors.

3. The authorized body carries out its activities in cooperation with border, customs, law enforcement and other government agencies.

4. The decision of the authorized body, the department of the authorized body and its territorial subdivision, adopted within the limits of their powers, is binding on officials, individuals and legal entities.

5. State bodies and their officials are obliged to assist the authorized body in solving the tasks assigned to it.

The Law of the Republic of Kazakhstan dated February 11, 1999 No. 344.

This Law defines the legal basis, goals, objectives and principles of plant quarantine measures, which are an integral part of the national security system, on the territory of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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