Unofficial translation
Footnote. The title is in the wording of the order of the Acting Minister of Healthcare of the Republic of Kazakhstan dated 27.06.2024 № 36 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
In accordance with paragraph 1 of Article 56 of the Code of the Republic of Kazakhstan “On Public Health and the Healthcare System”, I HEREBY ORDER:
Footnote. The preamble is in the wording of the order of the Acting Minister of Healthcare of the Republic of Kazakhstan dated 27.06.2024 № 36 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).1. To approve the attached rules for advertising products (goods) subject to state registration controlled by the State sanitary and epidemiological control and supervision.
Footnote. Paragraph 1 is in the wording of the order of the Acting Minister of Healthcare of the Republic of Kazakhstan dated 27.06.2024 № 36 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. To recognize as terminated Order of the Minister of National Economy of the Republic of Kazakhstan dated June 24, 2016 № 284 "On Approval of the Rules for Advertising Biologically Active Food Supplements" (registered in the State Registration Register of Regulatory Legal Acts under № 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 products (goods) subject to state registration controlled by the State sanitary and epidemiological control and supervision
Footnote. The rules are in the wording of the order of the Acting Minister of Healthcare of the Republic of Kazakhstan dated 27.06.2024 № 36 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for advertising products (goods) subject to state registration controlled by the State sanitary and epidemiological control and supervision (hereinafter - the Rules) have been developed in accordance with paragraph 1 of Article 56 of the Code of the Republic of Kazakhstan "On Public Health and the Healthcare System" and shall determine the procedure for advertising products (goods) subject to state registration controlled by the State sanitary and epidemiological control and supervision, in the Republic of Kazakhstan, as well as the specifics of advertising individual products (goods) subject to state registration.
2. These Rules shall apply to the advertising of following products (goods):
1) food products for baby nutrition, including drinking water for baby nutrition;
2) food products for dietary therapeutic and dietary preventive nutrition;
3) therapeutic table and therapeutic natural mineral water;
4) food products for the nutrition of athletes, pregnant and lactating women;
5) biologically active food supplements (hereinafter - BAS);
6) perfumery and cosmetic products for artificial tanning;
7) perfumery and cosmetic products for skin whitening (lightening);
8) cosmetics for tattooing;
9) intimate cosmetics;
10) perfumery and cosmetic products for individual skin protection from the effects of harmful production factors;
11) children's cosmetics;
12) perfumery and cosmetic products for chemical hair coloring, lightening and highlighting;
13) perfumery and cosmetic products for chemical hair curling and straightening;
14) perfumery and cosmetic products manufactured using nanomaterials;
15) perfumery and cosmetic products for depilation;
16) peelings;
17) fluoride-containing oral hygiene products, the mass fraction of fluorides in which exceeds 0.15% (for liquid oral hygiene products - 0.05%) (in terms of the molar mass of fluorine);
18) teeth whitening products containing hydrogen peroxide or other components that release hydrogen peroxide, including carbamide peroxide and zinc peroxide, with a concentration of hydrogen peroxide (as an ingredient or released) of 0.1% - 6.0%;
19) disinfectants, disinfestation and deratization agents (for the use in everyday life, in medical and preventive institutions and at other facilities (except for those used in veterinary medicine and repellent agents related to personal protective equipment dermatological from the effects of biological factors (insects), used in industrial production conditions));
20) products (goods) of household chemicals, paints and varnishes;
21) potentially hazardous chemical and biological substances and preparations made on their basis that pose a potential hazard to humans (except for medicines and pesticides), individual substances (compounds) of natural or artificial origin that, under conditions of production, use, transportation, processing, as well as in everyday conditions, can have an adverse effect on human health and the environment;
22) materials, equipment, devices and other technical means of water treatment intended for the use in domestic and drinking water supply systems;
23) personal hygiene items for adults;
24) products intended for contact with food products (except for tableware, cutlery, technological equipment and packaging (closures));
25) milk nipples, pacifiers made of latex, rubber or silicone;
26) disposable sanitary and hygienic products (multilayer products containing moisture-absorbing materials (diapers, panties and nappies), as well as hygienic cotton swabs (for the nose and ears) and other similar products for child care);
27) tableware and cutlery (cups, saucers, sippy cups, plates, bowls, spoons, forks, knives, bottles and other similar children's food products) made of plastic, glass, metal, ceramic tableware (earthenware, glass ceramic, pottery and majolica), disposable tableware (made of paper, cardboard and plastic) for children under 3 years of age;
28) toothbrushes, electric toothbrushes powered by chemical current sources, gum massagers and other similar products;
29) 1st layer products, underwear (body and bathing) knitted and made of textile materials for children under 3 years of age;
30) 1st layer knitted hosiery for children under 3 years of age;
31) headwear (summer) of the 1st layer of knitted and textile materials for children under 3 years of age;
32) other products (goods) for which the technical regulations and (or) unified sanitary, epidemiological and hygienic requirements of the Eurasian Economic Union establish conformity assessment in the form of registration (state registration).
Chapter 2. Procedure for advertising products (goods)
3. Advertising of products (goods) shall be carried out in accordance with the following requirements:
1) advertising on the territory of the Republic of Kazakhstan (except for periodicals, Internet resources, news agencies) is distributed in the Kazakh language, and at the discretion of the advertiser also in Russian and (or) other languages;
2) text advertising is readable, printed in a clear and legible font; audio advertising is placed with clear and understandable audio accompaniment; video advertising is placed with clear and understandable audio and video accompaniment;
3) is reliable and recognizable;
4) does not mislead consumers by abusing their trust, including with respect to the characteristics, composition, consumer properties, cost (price), expected results of use, research and test results;
5) contains the trade name of the product (goods) and the name of the manufacturer;
6) contains information about the purpose of the product (goods), if this does not follow from the name of the product (goods);
7) contains information about the category of persons for whom they are intended, if such is specified by the manufacturer;
8) contains an instruction of the need to familiarize yourself with the main indications, contraindications for use and side effects (if any);
9) contains information on the availability of state registration in the Republic of Kazakhstan and (or) in the member states of the Eurasian Economic Union;
10) the production and (or) sale of the advertised product (goods) is permitted by the legislation of the Republic of Kazakhstan;
11) advertising of dietary supplements also provides for:
information on the active components included in the composition;
method of administration and dosage;
main side effects (if any);
main contraindications (if any);
special instructions for children, pregnant women, and during breastfeeding (if any);
terms of dispensation;
a clear and understandable recommendation for the use;
the name, address of the manufacturer and the person authorized by the manufacturer to accept claims in the Republic of Kazakhstan;
a warning that the advertised object is not a medicine;
non-distribution and non-placement in public transport, organizations not related to their purpose, use and dispensing, on industrial products, prescription forms;
12) advertising of a disinfectant also includes:
recommendations for the use of a disinfectant;
precautionary measures when working with a disinfectant.
Advertisements intended for television and radio channels, Internet resources contain the information specified in subparagraphs 5), 6), 8) and 9) of this paragraph.