Article 14-1. The procedure for the implementation of State veterinary and sanitary control and supervision of the Law on Veterinary Medicine

Home / RLA / Article 14-1. The procedure for the implementation of State veterinary and sanitary control and supervision of the Law on Veterinary Medicine

1. State veterinary and sanitary control and supervision carried out by officials of the authorized body for compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine shall be carried out:

1) at production facilities engaged in the rearing of animals, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin, as well as in organizations for the production, storage and sale of veterinary drugs, feed and feed additives;

1-1) at domestic trade facilities;

2) for persons engaged in entrepreneurial activities in the field of veterinary medicine, including licensed;

3) in state veterinary organizations;

4) at veterinary control posts;

5) during transportation (movement), loading, unloading of objects being moved (transported);

6) on all types of vehicles, on all types of containers, packaging materials that may be factors of transmission of pathogens of animal diseases;

7) on cattle runs, routes, territories of pastures and watering places of animals along which routes of transportation (movement) pass;

8) on territories, in production facilities and for the activities of individuals and legal entities that grow, store, process, sell or use movable (transported) objects, as well as those engaged in activities in the field of veterinary medicine;

8-1) for compliance with zoohygienic and veterinary (veterinary and sanitary) requirements during the placement, construction, reconstruction and commissioning of cattle burial grounds (biothermal pits), state veterinary and sanitary control and supervision facilities related to maintenance, breeding, use, production, harvesting (slaughter), storage, processing and sale, and also when transporting (moving) objects that are being moved (transported);

9) for the performance of functions of local executive bodies and their divisions carrying out activities in the field of veterinary science.

2. Excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (comes into force after ten calendar days after the day of its first official publication).

3. State veterinary and sanitary control and supervision at the facilities specified in paragraph 1 of this Article shall be carried out by state veterinary and sanitary inspectors of the relevant territories in the form of investigation, inspection and preventive control, including through consideration of accompanying veterinary documents, with the exception of the facilities specified in paragraph 5 of this Article.

3-1. The decision to conduct preventive control with a visit to the subject (object) of control and supervision in order to conduct a survey of the territory and facilities to identify and establish the causes and conditions of occurrence and spread of animal diseases and their food poisoning is made by the head of the regional (city of republican significance, capital) territorial subdivision of the department of the authorized body at:

1) notification by individuals and legal entities of subdivisions of local executive bodies operating in the field of veterinary medicine, state veterinary organizations established by local executive bodies, state veterinary and sanitary control and supervision bodies about cases of death, simultaneous illness of several animals or their unusual behavior;

2) conducting an epizootological examination;

3) receipt of notifications, messages, notifications on the detection of infectious animal diseases, including in the batch of objects being moved (transported), exported from the relevant administrative-territorial unit;

4) identification of violations of prohibitions and restrictions on the export or import of transported (transported) objects, temporary veterinary and sanitary measures.

3-2. The decision to conduct an investigation is made by the head of the territorial division of the department of the authorized body of the relevant administrative-territorial unit.

In the case of conducting an investigation in two or more districts (cities of regional significance) located on the territory of the region, the decision to conduct an investigation is made by the head of the regional territorial department of the authorized body.

In the case of conducting an investigation covering the territory of two or more regions (cities of national importance, the capital), the decision to conduct the investigation is made by the heads of the territorial divisions of the authorized body of the relevant administrative-territorial units.

4. Excluded by the Law of the Republic of Kazakhstan dated October 28, 2019 No. 268-VI (entered into force ten calendar days after its first official publication).

5. State veterinary and sanitary control and supervision for compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, international treaties of the Republic of Kazakhstan and acts constituting the law of the Eurasian Economic Union to prevent outbreaks and spread of infectious animal diseases, ensure veterinary and sanitary safety of products and raw materials of animal origin and protect the territory of the Republic of Kazakhstan from importation and spread infectious and exotic animal diseases from other states are carried out in accordance with this Law on a daily basis.:

1) in trade markets selling live animals, products and raw materials of animal origin;

2) when crossing the customs border of the Eurasian Economic Union and (or) the State border of the Republic of Kazakhstan and (or) at the places of delivery, places of completion of customs clearance, as well as at veterinary control posts;

3) in quarantine zones and disadvantaged areas, foci for especially dangerous animal diseases.

5-1. State veterinary and sanitary control at production facilities engaged in the production, harvesting (slaughter), storage, processing of animals, products and raw materials of animal origin in a single technological cycle for compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine is carried out at least twice a year, except in cases of particularly dangerous animal diseases on their territory. the territory and/or its classification as a problem area.

6. State veterinary and sanitary control and supervision over the performance of the functions of local executive bodies and their subdivisions operating in the field of veterinary medicine shall be conducted with visits at least twice a year in accordance with the procedure established by this Law.

7. Based on the results of the verification of compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, an inspection report is drawn up by the state veterinary and sanitary inspector.

Based on the results of the state veterinary and sanitary control and supervision of veterinary and sanitary control and supervision facilities, in case of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, the inspecting state veterinary and sanitary inspector, depending on the established violations of the requirements of the legislation of the Republic of Kazakhstan, draws up an order, issues a resolution on the seizure of animals, products and raw materials of animal origin, representing a particular danger to animal and human health, but without bringing to administrative responsibility, with mandatory clarification to the subject of control and supervision of the procedure for its elimination.

7-1. Preventive control without visiting the subject (object) of control and supervision is carried out by the state veterinary and sanitary inspector by analyzing and comparing data and information:

1) from information systems;

2) from veterinary accounting and reporting;

3) notifications and notices of authorized bodies of other states;

4) coming from organizations that are part of the veterinary system;

5) from open sources, mass media.

The subjects (objects) of preventive control without visiting the subject (object) of control and supervision are individuals and legal entities engaged in activities related to the import, export, movement, production, procurement, processing, disinfection, storage, transportation and sale of controlled products, local executive bodies and their divisions engaged in activities in the field of veterinary medicine., state veterinary organizations, individuals and legal entities engaged in business activities in the field of veterinary medicine.

The objectives of preventive control without visiting the subject (object) of control and supervision are the timely suppression and prevention of violations, as well as granting the subjects of control and supervision the right to independently eliminate violations identified by the results of preventive control without visiting the subject (object) of control and supervision, and reducing the administrative burden on them.

Preventive control without visiting the subject (object) of control and supervision is carried out by the state veterinary and sanitary inspector on a monthly basis no later than the 25th day of the month following the reporting quarter.

If violations are detected based on the results of preventive control without visiting the subject (object) of control and supervision in the actions (inaction) of the subjects (objects) of control and supervision, the state veterinary and sanitary inspector makes a recommendation, which is sent to the subjects (objects) of control and supervision no later than three working days from the date of detection of violations. The recommendation specifies explanations for the elimination of identified violations, and the deadline for execution.

The recommendation is issued to the subject of control and supervision against signature or is sent and considered to have been handed over in one of the following ways:

1) on purpose – from the date of the receipt mark;

2) by registered mail;

3) electronically – from the date of sending to the e-mail address of the subject of control and supervision specified in the letter upon request.

The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control and supervision must be executed within ten working days from the day following the day of its delivery.

In case of disagreement with the violations specified in the recommendation, the subject of control and supervision has the right to file an objection within five calendar days from the date of delivery of the recommendation.

Failure to comply with the recommendation to eliminate violations within the established timeframe is grounds for assigning preventive control with a visit to the subject (object) of control and supervision.

The results of preventive monitoring without visiting the subject (object) of control and supervision are subject to accounting by the department of the authorized body and its territorial divisions.

8. In case of detection of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, the state veterinary and sanitary inspector draws up an order based on the results of the inspection, issues a resolution on the imposition of administrative penalties, depending on the nature of the violations identified.

9. The act on the results of the audit is drawn up in accordance with the Business Code of the Republic of Kazakhstan.

10. The act of state veterinary and sanitary control and supervision is registered in a special register of acts on the results of inspections, which must be numbered, laced and sealed with the seal of the territorial divisions of the department of the authorized body.

11. State veterinary and sanitary supervision is an activity of the department of the authorized body, territorial divisions of the department of the authorized body, aimed at applying rapid response measures in accordance with this Law and the Business Code of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 10, 2002 No. 339.

This Law defines the legal, organizational and economic basis for carrying out activities in the field of veterinary medicine and is aimed at ensuring veterinary and sanitary safety.

President

Republic of Kazakhstan

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