On Plant Quarantine

Updated Unofficial translation

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

      Footnote. In the text of the Law, the words “funds of republican budget”, “republican budget” are substituted by the words “budget funds” dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

      This Law determines legal ground, aims, tasks and principles of carrying out the measures on plant quarantine that is a component part of a system of national security protection in the territory of the Republic of Kazakhstan.

      Footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions shall be used in the Law:

      1) authorized body in automobile checkpoints - bodies of the state income of the Republic of Kazakhstan, carrying out the state quarantine phytosanitary control in automobile checkpoints at the state border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, except for laboratory examination;

      1-1) alien species – species of an insect, agent of disease of plant and undesirable plant that is absent in flora and fauna of the Republic of Kazakhstan which in case of entry may inflict significant economic and environmental damage;

      2) is excluded by the Law of the Republic of Kazakhstan dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      2-1) laboratory examination is an examination of samples of quarantine products, pests, causative agents of plant diseases and weeds in order to determine their species composition and their belonging to quarantine objects and alien species;

      3) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      4) quarantineable production (quarantineable cargos, quarantineable materials, quarantineable goods) – plants, production of plant origin, tare, package, cargos, soil, organisms or materials that may be bearers of quarantine objects (quarantine hazardous organisms) and (or) enable their spread included to the list of quarantineable production and in respect of which it is necessary to take quarantine measures;

      4-1) list of quarantineable production – the list of quarantineable production being subject to state quarantine phytosanitary control;

      5) quarantine zone – territory declared in established manner under quarantine due to detection of quarantine object;

      6) quarantine object – according to approved list of quarantine types, a pest, agent of plant diseases or undesirable plant that may inflict significant damage to plants and plant production, that is absent or restrictively spread in the territory of the Republic of Kazakhstan;

      7) center of spreading quarantine object – territory in which the quarantine object is detected and where the measures on plant quarantine shall be carried out or are carried out;

      8) quarantine certificate – document certifying quarantine condition of quarantineable production intended for interstate carriages;

      9) quarantine measure – procedure directed to prevention of entry or spreading of quarantine objects in the territory of the Republic of Kazakhstan;

      9-1) inspection – visual observation of quarantineable production, transport vehicles and accessories for carriage (as well as cabins, passenger compartments, luggage and cargo compartments of transport vehicles, containers), hand luggage and luggage of individuals;

      9-2) documentary state quarantine phytosanitary control – inspection of quarantine documents confirming phytosanitary safety of quarantineable production for compliance with requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine, as well as existence of coordination of authorized body on plant quarantine for permission of import, export or transit of quarantine objects in scientifically research purposes;

      9-3) legal restrictive measure – quarantine measure applied by the authorized body in plant quarantine and authorized body in automobile checkpoints in respect of individuals and legal entities;

      9-4) state quarantine phytosanitary control – the activity of authorized body on plant quarantine and authorized body in automobile checkpoints on inspection and supervision of compliance with requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine by inspected subjects, in the results of which the measures of legal restrictive nature may be applied without dynamic response;

      9-5) state quarantine phytosanitary supervision – the activity of authorized body on plant quarantine on inspection and supervision of compliance with requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine by inspected subjects, in the results of which the measures of legal restrictive nature may be applied, as well as measures of dynamic response;

      10) authorized body on plant quarantine) hereinafter – authorized body) – central executive body carrying out management and cross-sector coordination in the field of plant quarantine;

      10-1) the authorized plant quarantine organization (hereinafter - the authorized organization) is an organization established by the decision of the Government of the Republic of Kazakhstan that performs functions in accordance with the legislation of the Republic of Kazakhstan;

      11) plant quarantine measures is a system of measures aimed at organizing and conducting work on identification, localization and liquidation the outbreaks of quarantine objects, disinfection, recycling, cleaning and destruction of contaminated quarantine products, disinfection and cleaning of premises and vehicles, returning of quarantine products ;

      12) republican state enterprise on ensuring the plant quarantine – republican state enterprise on the right of economic management created by the Government of the Republic of Kazakhstan;

      13) is excluded by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication);

      14) plant quarantine (phytosanitary protection) – legal regime providing system of measures on plant quarantine oriented to protection of plant resources of the Republic of Kazakhstan and production of plant origin from quarantine objects;

      15) Phytosanitary control post - subdivision of the department of the authorized body, located on the territory of border and customs points in other places of movement of goods across the customs border of the Eurasian Economic Union, located in the territory of the Republic of Kazakhstan within the limits of automobile communication (checkpoints across the State border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, except for automobile checkpoints), as well as in places determined by the customs border of the Eurasian Economic Union;

      16) phytosanitary certificate – document certifying quarantine condition of export quarantineable production;

      17) phytosanitary risk assessment – scientifically substantiated estimated probability of entry, rooting or spreading of quarantine objects in recognition of phytosanitary measures that may be applied, and potential biological and economic consequences linked with this conducted by scientifically research organizations and authorized body;

      17-1) phytosanitary risk analysis is the process of studying, researching and evaluating biological, scientific and economic data for the purpose of identifying quarantine objects and alien species and adopting appropriate quarantine measures and activities on plant quarantine;

      18) shall be excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 01.07.2011); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 34-V 9shall be enforced from the date of its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 26.12.2017 № 124-VI (shall be enforced dated 01.01.2018); dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the date of its first official publication).

Article 2. Legislation of the Republic of Kazakhstan in the field of plant quarantine

      1. Legislation of the Republic of Kazakhstan in the field of plant quarantine is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts.

      2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by the Law, the rules of international treaty shall be applied.

      Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).

Article 3. Main tasks of plant quarantine

      Main tasks of plant quarantine are:

      1) protection of the territory of the Republic of Kazakhstan from infection or independently entry of quarantine objects from other states or from quarantine zone;

      2) detection, localization and liquidation of quarantine objects, as well as prevention of their entry to the regions of the Republic of Kazakhstan where they are absent;

      3) conduct of state quarantine phytosanitary control and supervision of compliance with the legislation of the Republic of Kazakhstan in the field of plant quarantine.

      Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015).

Article 4. Principles of carrying out the measures on plant quarantine

      Footnote. Title of Article 4 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).

      Principles of carrying out the measures on plant quarantine in the territory of the Republic of Kazakhstan are:

      1) protection of plant resources and products of plant origin from damage and destruction by quarantine objects for the purpose of maintenance of food and raw security of the Republic of Kazakhstan and preservation of property;

      2) state regulation in the field of plant quarantine, state quarantine phytosanitary control and supervision, responsibility for the breach of the legislation of the Republic of Kazakhstan in the field of plant quarantine;

      3) objective, scientifically substantiated assessment of possible effect of quarantine objects to plant resources and products of plant origin and prevention of inflicting possible harm by them;

      4) active participation of population, individuals and legal entities, organizations, bodies of state management and bodies of local self-government in performance of measures on plant quarantine;

      5) international cooperation in the field of plant quarantine.

      Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 31.01.2006 No. 125; dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication).

Chapter 2. State regulation in the field of plant
quarantine

Article 5. State regulation in the field of plant quarantine

      State regulation in the field of plant quarantine shall be carried out by the Government of the Republic of Kazakhstan, authorized body including its department with territorial subdivisions as well as phytosanitary control posts.

      Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).

Article 6. State system of ensuring the plant quarantine

      State system of ensuring the plant quarantine of the Republic of Kazakhstan shall include:

      1) the Government of the Republic of Kazakhstan;

      2) authorized body;

      3) state institutions for plant quarantine ensuring:

      republican, zoned quarantine laboratories and laboratories under phytosanitary control posts;

      introductive-quarantine gardens;

      republican methodical centre of phytosanitary diagnostics and forecasts;

      4) republican state enterprise on maintenance of quarantine of plants with phytosanitary laboratories;

      5) authorized body in automobile checkpoints.

      Footnote. Article 6 in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 6-1. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:

      1) ensure development of interrelations of the Republic of Kazakhstan with foreign states in the field of plant quarantine;

      2) create state institutions and republican state enterprise on ensuring the plant quarantine;

      3) perform other functions imposed on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 6-1 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 7. Competence of the authorized body

      1. Authorized body shall:

      1) form and realize state policy in the field of plant quarantine;

      2) carry out state quarantine phytosanitary control and supervision;

      3) coordinate and methodically manage the activities of local executive bodies in the field of plant quarantine;

      4) develop and approve the rules on exemption and destruction of quarantineable production contaminated by quarantine objects not subjected to disinfection or processing;

      5) develop and approve phytosanitary requirements submitted toimported quarantineable products;

      6) develop and approve the rules on protection of territory of the Republic of Kazakhstan from quarantine objects and alien species;

      8) develop and approve the list of quarantine objects and alien species in respect of which the measures on plant quarantine are established and carried out;

      9) take decision on establishment of quarantine zone with introduction of quarantine regime or its cancellation in the territory of two and more oblasts, as well as develop and approve the procedure for conduct of measures on plant quarantine in these zones and carry out control and supervision of their conduct;

      10) develop and approve the procedure for creating and storing a stock of pesticides (toxic chemicals) for plant quarantine activities;

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

      12) determines the list of quarantine objects in respect of whom the measures on plant quarantine are established and carried out;

      13) create a database on availability and distribution of quarantine facilities in the Republic of Kazakhstan and other states, measures and activities to combat them, post information on the official Internet resource and provides it upon request to an interested persons;

      14) develop and approve the provision on state inspectors on plant quarantine;

      15) approve methods, techniques, recommendations regulating procedure and methods of carrying out the measures on plant quarantine;

      16) develop quarantine measures jointly with scientifically research organizations on the basis of scientific principles of assessing phytosanitary risk in recognition of requirements of international rules and recommendations and carry out permanent control and supervision of their performance by individuals and legal entities;

      17) establish qualification requirements for holding position of a Chief State Inspector on plant quarantine and state inspectors on plant quarantine;

      18) organize conduct of measures on plant quarantine and carry out control and supervision of their conduct within the competence;

      19) determine conditions of transit of quarantineable products;

      20) carry out state procurement of pesticides (toxic chemicals), works and services on their storage, transportation, application for conduct of measures on plant quarantine in the manner established by the legislation of the Republic of Kazakhstan on state procurement;

      21) create reserve of pesticides (toxic chemicals) for conduct of measures on plant quarantine in the manner established by the legislation of the Republic of Kazakhstan;

      22) distributes pesticides (toxic chemicals) in the territory of the Republic of Kazakhstan acquired at the expense of budget funds for conduct of measures on plant quarantine;

      23) conduct original quarantine phytosanitary control and supervision on phytosanitary control posts of imported, exported and transit quarantineable products, its laboratory expert examination when necessary with selection of samples, of transport vehicles and accessories for carriage (as well as cabins, passenger compartments, luggage and cargo compartments of transport vehicles, containers), hand luggage and luggage of individuals, draw up the act of quarantine phytosanitary control and supervision, stamp respectively accompanying commodity transport documents in the established standard form on undergoing the state quarantine phytosanitary control and supervision;

      24) conduct second quarantine phytosanitary control and supervision in the destination point of quarantineable products, selection of samples, laboratory expert examination when necessary in recognition of phytosanitary characteristic of the territory and place of its origin, point of destination, as well as zones free from quarantine objects or with their unessential spread, of transport vehicles and accessories for carriage (as well as cabins, passenger compartments, luggage and cargo compartments of transport vehicles, containers), hand luggage and luggage of individuals, draw up the act of quarantine phytosanitary control and supervision, stamp respectively accompanying commodity transport documents in the established standard form on undergoing the state quarantine phytosanitary control and supervision;

      25) conduct permanent quarantine examination at the places of shipping of exported quarantineable products, laboratory expert examination when necessary with selection of samples and phytosanitary certification;

      26) conduct documentary state quarantine phytosanitary control on phytosanitary control posts of imported, exported and transit quarantineable products;

      27) conduct permanent examination of quarantineable products, its laboratory expert examination when necessary with selection of samples and consider quarantine documents on objects of internal trade and in organizations of the Republic of Kazakhstan;

      28) conduct permanent control sampling observations of territories and premises of organizations, objects of internal trade, peasant or farm, homestead and suburban enterprises, growing, preparing, storing, processing and selling products of plant origin, lands of agricultural, forest, water and other purpose;

      29) issue and control fulfillment of prescriptions on:

      elimination of detected breaches of the legislation of the Republic of Kazakhstan in the field of plant quarantine;

      on performance of measures on plant quarantine;

      30) direct statement of claim in court on prohibition or suspension of activity of individual entrepreneurs and legal entities in the manner and on the grounds established by the legislative acts of the Republic of Kazakhstan;

      31) organize and control measures to study imported seeding and planting materials in the authorized organization for the presence of latent infection with quarantine objects and alien species;

      32) issue phytosanitary and quarantine certificates for quarantineable products;

      33) ensure performance of international rules and requirements in accordance with concluded agreements in the field of plant quarantine;

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

      35) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);

      36) develop and approve regulatory legal acts in the field of plant quarantine within the competence;

      37) carry out other powers provided by the Law and other legislation of the Republic of Kazakhstan.

      2. Head of department is a Chief State Inspector on plant quarantine of the Republic of Kazakhstan, and his (her) deputy – a deputy of the Chief State Inspector on plant quarantine of the Republic of Kazakhstan.

      Heads of regional (cities of republican value, capitals) territorial divisions of department are the main state inspectors on quarantine of plants of corresponding areas (cities of republican value, capital).

      Other civil servants of the department and its territorial subdivisions that directly carried out state quarantine phytosanitary control and supervision are the state inspectors on plant quarantine.

      3. Authorized body shall carry out the activity in interrelation with frontier, customs, law enforcement and other state bodies.

      4. Decision of the authorized body taken within the competence is compulsory for fulfillment by civil servants, individuals and legal entities.

      5. State bodies and their civil servants shall be obliged to render assistance to authorized body in solution of the tasks imposed on it.

      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 31.01.2006 No. 125; as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 NO. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.05.2018 № 156-VI (shall be enforced the expiration of ten calendar days after the day of its first official publication); dated 28.12.2018 № 210-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 7-1. Functions of government agencies for plant quarantine

      1. The authorized organization:

      1) determines the species composition of pests, pathogens of plant diseases and weeds, including quarantine objects and alien species in samples that are submitted for laboratory examination;

      2) reveals the latent infection with pests, pathogens of plant diseases and weeds, including quarantine objects and alien species in imported seeding and planting materials;

      3) carries out the analysis of phytosanitary risk on a constant basis;

      4) provides the authorized body with information on identified quarantine objects and alien species in samples that are submitted for laboratory examination;

      5) provides the authorized body with methodological assistance in the development of phytosanitary requirements for imported quarantine products;

      6) exercises other powers provided for by the legislation of the Republic of Kazakhstan.

      2. The Republican Methodological Center for Phytosanitary Diagnosis and Forecasting identifies the centers of distribution of quarantine objects and determines the boundaries of their distribution.

      Footnote. Is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 18.02.2002 № 293; in the new wording of the Law of the Republic of Kazakhstan dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 7-2. State monopoly in the field of plant quarantine

      1. Localization and liquidation of centres of spreading quarantine objects shall refer to state monopoly and be carried out by republican state enterprise on ensuring the plant quarantine.

      Activity on carrying out phytosanitary expert examination of quarantineable production is technically linked with the activity on localization and liquidation of centres of spreading the quarantine objects.

      2. Prices for goods (works, services) produced and (or) sold by a subject of state monopoly shall be established by the authorized body in coordination with anti-monopoly body.

      Footnote. Chapter 2 is supplemented by Article 7-2 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 7-3. Competence of the authorized body in automobile checkpoints

      1. Authorized body in automobile checkpoints shall:

      1) conducts in automobile check points through the State border of the Republic of Kazakhstan, coinciding with customs border of the Eurasian economic union, the state quarantine phytosanitary control over imported, exported and transit regulated products, moved in vehicles and adaptations for transportation (including cabins, salons, luggage and cargo compartments of vehicles, containers), hand luggage and luggage of physical persons, makes act of quarantine phytosanitary control and supervision

      2) conducts documentary state quarantine phytosanitary control, and also inspection and (or) examination of imported, exported and transit regulated products in automobile check points through the State border of the Republic of Kazakhstan, coinciding with customs border of the Eurasian economic union;

      3) issues and controls the execution of the prescription at automobile checkpoints across the State border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union:

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

      On performance of measures on quarantine of plants;

      4) carry out other powers provided by the legislation of the Republic of Kazakhstan.

      2. Authorized body in automobile checkpoints shall carry out the activity in interaction with authorized body, frontier and other state bodies.

      Footnote. Chapter 2 is supplemented by Article 7-3 in accordance with the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 26.12.2017 № 124-VI (shall be enforced dated 01.01.2018).

Article 8. Rights of state inspectors on plant quarantine