On approval of the Rules for advertising biologically active food supplements

New Unofficial translation

Order of Acting Minister of Healthcare of the Republic of Kazakhstan dated October 27, 2020 No. ҚР ДСМ-160/2020. Registered with the Ministry of Justice of the Republic of Kazakhstan on October 30, 2020 No. 21544

      Unofficial translation

      In accordance with paragraph 1 of Article 56 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On public health and healthcare system", I HEREBY ORDER:

      1. To approve the attached Rules for advertising biologically active food supplements.

      2. To recognize as terminated Order of the Minister of National Economy of the Republic of Kazakhstan dated June 24, 2016 No. 284 "On Approval of the Rules for Advertising Biologically Active Food Supplements" (registered in the State Registration Register of Regulatory Legal Acts under No. 13998, published on August 11, 2016 in the legal information system Adilet).

      3. The Committee for Sanitary and Epidemiological Control of the Ministry of Healthcare of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

      1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;

      2) posting this Order on the Internet resource of the Ministry of Healthcare of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan, the submission to the Legal Department of the Ministry of Healthcare of the Republic of Kazakhstan the information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.

      4. Control over the execution of this Order shall be entrusted to the Supervising Vice-Minister of Healthcare of the Republic of Kazakhstan.

      5. This Order shall come into effect upon the expiration of ten calendar days after the day of its first official publication.

      Acting Minister of Healthcare of the
Republic of Kazakhstan
 M. Shoranov

      "AGREED"
Ministry of Information and
Social Development of the
Republic of Kazakhstan

  Approved
by the Acting
Minister of Healthcare
of the Republic of Kazakhstan
dated October 27, 2020
number ҚР ДСМ -160/2020

Rules for advertising biologically active food supplements

Chapter 1. General Provisions

      1. These Rules for advertising biologically active food supplements (hereinafter referred to as the Rules) have been developed in accordance with paragraph 1 of Article 56 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On public health and health care system" and shall determine the procedure for advertising biologically active food supplements in the Republic of Kazakhstan.

      2. The following concept shall be used in these Rules:

      biologically active food supplements (BAFS) - natural and (or) identical to natural biologically active substances, as well as probiotic microorganisms intended for consumption simultaneously with food or for introduction into food products.

Chapter 2. The procedure for advertising biologically active food supplements

      3. Placement of advertising of biologically active food supplements shall be carried out in accordance with the legislation in the field of healthcare and advertising.

      4. Advertising of biologically active supplements shall:

      1) be distributed in Kazakh and Russian languages, as well as in other languages at the discretion of the advertiser;

      2) be easy to read, printed in clear and legible type, except for audio advertisements;

      3) exclude comparison with medicinal products;

      4) exclude the content of information on the possession of medicinal properties;

      5) be reliable and recognizable (without the use of special knowledge or the use of special means);

      6) not mislead consumers through abuse of their trust, including concerning characteristics, composition, consumer properties, cost (price), expected results of the application, research and test results;

      7) promote rational use;

      8) exclude the content of the comparison of advertised biologically active food supplements with the goods of other individuals or legal entities, as well as statements, images discrediting their honor, dignity and business reputation;

      9) exclude references in advertising to the recommendations of scientists, health professionals, as well as government officials who, due to their own knowledge, may encourage the use and (or) appointment of dietary supplements.

      5. Advertising of biologically active food supplements shall contain the following information:

      1 ) trade name;

      2) information on the active ingredients included in the composition;

      3) main indications for use;

      4) method of administration and dose;

      5) main side effects;

      6) main contraindications;

      7) special instructions for children, pregnant women, as well as during breastfeeding;

      8) vacation conditions;

      9) clear and understandable recommendation for use;

      10) name, address of the manufacturer and the person authorized by the manufacturer to accept claims in the Republic of Kazakhstan;

      11) number, date of issue of the certificate of state registration.

      Advertising intended for television and radio channels, Internet resources shall contain the information specified in subparagraphs 1), 6), 7), 9) and 11) of this paragraph.

      6. Advertising of dietary supplements in each case shall be accompanied by a warning that the advertised object is not a medicinal product.

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