Unofficial translation
This order shall come into force on July 1, 2021.In accordance with subparagraph 20) of paragraph Article 7 of the Law of the Republic of Kazakhstan "On Technical Regulation" I HEREBY ORDER:
1. To approve the attached technical regulation "Requirements for product labelling".
2. To recognize as invalid the order of the Minister for Investments and Development of the Republic of Kazakhstan dated October 15, 2016 No. 724 “On Approval of the Technical Regulation “Requirements for product labelling” (registered in the Register of state registration of regulatory legal acts under No. 14471).
3. The Committee for technical regulation and metrology of the Ministry of Trade and Integration of the Republic of Kazakhstan in the manner established by the legislation shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Trade and Integration of the Republic of Kazakhstan.
4. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Trade and Integration of the Republic of Kazakhstan.
5. This order shall come into force on July 1, 2021 and shall be subject to official publication.
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Minister of Trade and Integration of the Republic of Kazakhstan |
B. Sultanov |
| Approved by the order of the Minister of Trade and Integration of the Republic of Kazakhstan dated May 21, 2021 No. 348-RL |
Technical regulation "Requirements for product labelling"
Chapter 1. General provisions
1. This technical regulation "Requirements for product labelling" (hereinafter- the Technical regulation) has been developed in accordance with subparagraph 20) of paragraph 1 of Article 7 of the Law of the Republic of Kazakhstan "On Technical Regulation" (hereinafter-the Law) and shall establish general requirements for product labelling.
2. The technical regulation applies to the products of domestic, imported production, as well as those produced on the territory of the Eurasian Economic Union, sold on the territory of the Republic of Kazakhstan for which the requirements for labelling are not established by international treaties and acts constituting the law of the Eurasian Economic Union, including products that are subject to technical regulation of the technical regulations of the Eurasian Economic Union (Customs Union).
3. The provisions of the Technical regulation shall be subject to application in the design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal of products, state control over compliance with the requirements established by the technical regulations, as well as when confirming compliance.
4. The requirements for labelling certain types of products, established in the standardization documents, acting on the territory of the Republic of Kazakhstan shall be applied to the extent that they do not contradict the requirements of the Technical regulation.
5. The following terms and definitions are used in this Technical regulation:
1) date of packaging (pre-packaging, bottling of liquid products) - the date of placement of products in packaging (container);
2) date of manufacture (production) - the date affixed by the manufacturer, informing about the end of technological process of manufacture (production) of products;
3) a manufacturer - a legal entity or an individual registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union, registered as an individual entrepreneur, carrying out production or production and sale of products on its own behalf;
4) a person authorized by the manufacturer - a legal entity or an individual registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union, registered as an individual entrepreneur, who, on the basis of an agreement with the manufacturer, including with a foreign manufacturer, shall carry out actions on behalf of this manufacturer when assessing conformity and putting products into circulation on the territory of the Republic of Kazakhstan;
5) expiration date - the period of time after which the products are considered unsuitable for their intended use;
6) an importer - a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union or an individual registered as an individual entrepreneur who has concluded a foreign trade agreement (contract) with a foreign manufacturer (seller) for the transfer of products manufactured in batches and carries out release of these products into circulation and (or) their sale in the territory of the Republic of Kazakhstan;
7) packaging (container) - a product that is used for placement, protection, transportation, loading and unloading, delivery and storage of raw materials and finished products;
8) the name of the place of the product origin - name of the country, settlement, locality or other geographical object used to designate a product which special properties are exclusively or mainly determined by natural conditions or other factors characteristic for this geographical object or a combination of natural conditions and these factors;
9) release of products into circulation - supply (sale) or import of products (including shipment from the manufacturer's warehouse or shipment without storage) for the purpose of distribution on the territory of the Republic of Kazakhstan in the course of entrepreneurial activities;
10) marking - text, trademarks, symbol and drawings, having information for the consumer and applied to the products, documents, memos (leaflets, information sheets), labels, tokens, packaging (container);
11) trademark - a designation registered in accordance with the legislation or protected without registration by virtue of international treaties in which the Republic of Kazakhstan participates, which serves to distinguish the products of some legal entities or individuals from the homogeneous products of other legal entities or individuals;
12) a collective trademark - a trademark of an association (union) or other association of legal entities and (or) individual entrepreneurs, that serves to designate products manufactured or sold by them, having unified quality or other characteristics.
Chapter 2. Requirements for products labelling
6. A manufacturer and (or) a person authorized by the manufacturer and (or) an importer, when releasing the product into circulation shall ensure complete, necessary, unambiguously understood and reliable information about it, excluding misleading consumers regarding the composition, properties, purpose, manufacturer and (or) person authorized by the manufacturer and (or) importer, conditions of storage, transportation, operation, disposal, method of manufacture (production) and use (application), date of manufacture (production), energy consumption (for energy-consuming equipment), origin, expiration date, weight, volume, quantity, as well as other information directly or indirectly characterizing the quality and safety of products and ensuring the possibility of their correct choice.
7. Information for the consumer when selling products shall be provided with the products in the form of text, symbols and (or) drawings on the packaging (container) and (or) label, token, documents, memos (leaflets, information sheets), taking into account the requirements, imposed in accordance with the legislation of the Republic of Kazakhstan for labelling of certain types of products.
When selling products, information for the consumer shall be provided by the manufacturer and (or) a person authorized by the manufacturer and (or) the importer.
8. Information for the consumer and the text of marking shall be applied in the state and Russian languages, taking into account the spelling norms of the state and Russian languages.
9. Information for the consumer shall be placed on each unit of production in a place convenient for reading (familiarization) on the package (container), label, token, documents, memos (leaflets, information sheets).
10. Information for the consumer shall be applied in the manner prescribed by the standardization documents, and shall be provided in a clear and easy to read form.
11. Information for the consumer may additionally indicate the name (designation) of the standardization document, in accordance with which the products are manufactured (produced).
12. Information for the consumer on the conformity assessment of products shall be provided by the manufacturer and (or) a person authorized by the manufacturer and (or) the importer in the form of:
mark of conformity (if any), applied in accordance with the current standardization documents;
a certificate of conformity (copy of the certificate of conformity) or declaration of conformity (copy of the declaration of conformity) in accordance with the Law accompanying the products.
The manufacturer and (or) a person authorized by the manufacturer and (or) the importer shall bring information about the confirmation of conformity of unpacked or bulk products to the consumer.
13. The name of the product shall be indicated in the information for the consumer about the product.
14. The name of the product may be written in the Latin alphabet.
15. It is allowed to include the name of the place of its origin in the name of the product, subject to the following conditions:
the name of the place of products origin may be the historical name of a geographical object;
the information for the consumer indicates a (collective) trademark registered or accepted by the manufacturer without registration in the manner established in the countries where the manufacturer is located - the owner of this trademark.
16. It is not allowed in the product name:
to indicate the name of other similar products;
to assign a product name that misleads consumers about the origin (nature) of the product.
17. Information for the consumer about the product includes information about the distinctive properties of the product, condition and special processing (if any) in accordance with current standardization documents for a particular type of product.
18. If a processed main ingredient is used in the manufacture (production) of a product, the relevant information shall be included in the name of the product or placed in close proximity to the name.
19. If there is a compound component in the product (consisting of two or more components), the composition of the product shall be indicated in descending order/ decreasing content share. If the product is made (produced) from two main components, it is allowed to indicate them in the name of the product, while not specifying them separately as a composition (set) of the product.
20. The name of the manufacturer and the organization accepting claims for product quality (a person authorized by the manufacturer and (or) importer), and the licensor (if the product is manufactured (produced) under a license) must correspond to the name registered in accordance with the established procedure in the country of its location.
21. The information for the consumer shall indicate the name and location (legal address) of the manufacturer and the organization accepting claims for product quality (a person authorized by the manufacturer and (or) the importer), the licensor (if the products are manufactured (produced) under a license), registration number and date of registration for products subject to state registration in accordance with the legislation of the Republic of Kazakhstan.
22. If a product manufactured (produced) in one country undergoes subsequent technological processing or assembly in another country, which changes its properties and (or) turns it into the final finished product, then when applying information to the consumer, the country that carried out the subsequent technological processing or assembly shall be considered as the country of manufacture of this product.
23. The legal address of the manufacturer and the organization that accepts claims for product quality (a person authorized by the manufacturer and (or) importer), and the licensor (if the product is manufactured (produced) under a license), includes the name of the country, city (region and settlement), street, house and office numbers. Additionally, the means of communication of the indicated persons may be indicated: telephone, fax, e-mail address, Internet resource.
The legal address of a foreign manufacturer and a person authorized by the manufacturer and (or) the importer may be indicated in the international format using the Latin alphabet.
24. Organizations that have received the right (license) for the manufacture (production) and sale of products in accordance with the established procedure shall place the trademarks of organizations, companies and firms that granted them this right (license) on the packaging (container).
25. In the information for the consumer, the net weight, gross weight, main dimensions and volume of products shall be indicated in the metric system of measures (International system of units) on the packaging (container).
26. The choice of value for indicating the quantity of packaged products shall be carried out taking into account the following rules, unless otherwise established by the regulatory legal acts of the Republic of Kazakhstan:
1) if the product is liquid, then its volume is indicated;
2) if the product is pasty, viscous or of viscoplastic consistency, then either its volume or mass is indicated;
3) if the product is solid, free-flowing, is a mixture of solid and liquid, then its mass is indicated.
It is allowed to use two quantities simultaneously to indicate the quantity of products, for example, mass and number of pieces, mass and volume.
27. Storage conditions shall be indicated for products requiring special storage conditions (low temperature, light mode, and others).
28. If the product has a period of time after which it is considered unsafe for use, the shelf life of the product shall be established.
The expiration date shall be set by the manufacturer, taking into account the requirements stipulated by the standardization documents.
The expiration date set by the manufacturer guarantees that the product meets the requirements for the safety of life and health of consumers, subject to the established storage conditions.
The expiration date shall be calculated from the date of manufacture (production) of the product.
Depending on the duration, the expiration date shall be indicated as follows: “Best before ... (hours, days, months or years)”, “Best before ... (date)”, “Use until ... (date)”, “Best before for ... (hours, days, months or years)", "Expiration date ... (hours, days, months or years)", "Service life ... (years - hours - cycles)".
29. If the expiration date is indicated by the words "Best before for .... (hours, days, months or years)", "Expiration date ... (hours, days, months or years)", then the date of manufacture (production) of the product shall be applied to the label or packaging (container).
It is allowed to indicate the date of manufacture (production), packaging, expiration date by means of notches (marks) against the numbers on the edges of the labels or by extinguishing the numbers corresponding to the date.
30. The date of packing of transparent colourless liquid types of products poured into a colourless package (container) can be applied on the reverse side of the label, visible from the reverse side of the package (container).
31. Products may be accompanied by any other information that characterizes products, including advertising, that does not contradict the legislation of the Republic of Kazakhstan.
32. If it is impossible to apply the necessary text of information for the consumer about the product in full on a package (container) of small size (the area of one side does not exceed 10 cm2), then the information can be placed on a group package (container) or on a leaflet attached to each unit of an individual or group packaging (container). They also accompany with information for the consumer each unit of group packaging (container), in which the products are sold in sets.
When selling products to consumers in pre-packed form, when products are packaged in retail premises (points of sale), including in the presence of the buyer, it is allowed to place information about them on the leaflet attached to each unit of packaging (container), on the price tag or information sheet in close proximity to the product.
Products located at points of sale must contain information provided for packaged or pre-packaged similar products. Information for the consumer shall be applied on the label.
Information for the consumer may be placed in one or more places convenient for reading.
33. If there are safety requirements for storage, transportation, use, disposal (processing), destruction of products, they are distinguished from the rest of the information for the consumer in a different font, colour or in other ways.
If the package (container) in which the products are placed is covered with additional packaging, then either the label of the inner package must be easily readable through the outer package, or the outer package must have a similar label.
34. Means of applying information for consumers in contact with products should not affect the safety and quality of products, should ensure stability of marking during storage, transportation and sale of products.
35. The safety of information for the consumer about products used in conditions of active environmental influence or in special conditions (high or low temperature, aggressive environment, etc.) shall be ensured in any way that guarantees its safety.
36. The size and form of providing information to the consumer, including labelling shall be determined in accordance with the size and shape of the packaging (container).