26 August 2021
Product labelling is a control and identification mark affixed to packaging, labels, tags or containers.
According to international statistics, the introduction of a marking mechanism allows you to trace the full cycle of goods from the production or import of imported products to the final sale and withdrawal from circulation, as well as increase tax revenues to the budget.
What are the main objectives in labelling goods?
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Product identification;
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Communicating basic information to the consumer;
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Consumer protection against counterfeit and falsified products;
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Protection of legal business and consumer rights, reduction of shadow turnover;
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Identification of violators of tax legislation.
The main types of products covered by the label:
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Tobacco products;
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Alcoholic products;
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Medicines;
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Goods of light industry;
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Fur products;
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Shoes;
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Milk;
At the moment, tobacco products and fur products should be subject to mandatory labeling. The release of such products without appropriate labeling is prohibited. Pilot projects are currently operating for the remaining types of products.
From November 1, 2021, mandatory labeling of shoes will start.
Mandatory labeling of medicines will start on January 1, 2022.
It is important to know that the remains of unmarked tobacco products can be sold until October 1, 2021. After this transition period, all unmarked cigarette products in stores will be considered counterfeit.
Who is responsible for labelling products?
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If the products are manufactured in Kazakhstan, then the digital labeling must be provided by the manufacturer himself before being put up for sale.
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If the products are manufactured abroad, including in the EAEU countries, the importer labels the goods. There are three ways of labelling:
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In Kazakhstan (In this case, the importer must order the labeling codes in advance and indicate them in the declaration of the imported goods).
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On the territory of third countries;
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In customs warehouses.
How does labeling work in Kazakhstan?
1 Step. The manufacturer puts a unique Data Matrix code on the container and sends it to the general distributor. Marking with the Data Matrix code is the application of a special means of identification on the product – a two-dimensional square image in the form of black and white fields. The code contains information about the manufacturer, country of origin, serial number and protection against hacking.
2 Step. The distributor accepts and scans the batch and dispatches it to stores and supermarkets. The Naqty Sauda Akt mobile application allows you to confirm and reject the Acceptance Certificate on the receipt of goods.
3 Step. When a store receives a new batch of goods, it reads the codes on the packages and sells legal goods through a cash register.
4 Step. At the time of the sale of goods at the checkout, a 2D scanner reads the marking and the code is removed from circulation.
5 Step. The buyer can read the markings using the Naqty onim mobile app and check the origin of the goods. The Naqty Onim mobile app also allows customers to check the legality of a product and make complaints from customers.
What information systems for labeling goods exist in the Republic of Kazakhstan?
In order to provide information support for the processes of marking goods with identification means and their further traceability in the process of circulation, a Special Information System for Marking and Traceability of Goods (IS MPT) was developed.
You can register and work in this system at the following link https://www.ismet.kz/ru/main/about-marking
Is there any liability for breaching the labelling regulations?
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During the transitional period, there is no liability for violation of the labeling rules. However, in the future, amendments will be made to the Code of Administrative Offenses of the Republic of Kazakhstan in terms of establishing responsibility for the sale of unlabeling goods.
What are the main laws governing the labelling of goods?
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Order of the Minister of Finance of the Republic of Kazakhstan dated September 28, 2020 No. 927 "On Registered with the Ministry of Justice of the Republic of Kazakhstan on September 29, 2020 No. 21302 on the approval of the Rules for marking and traceability of tobacco products".
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Order of the First Vice Minister of Finance of the Republic of Kazakhstan dated May 31, 2019 No. 528 "On some issues of the pilot project on labeling and traceability of alcoholic beverages".
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Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated April 16, 2015 No. 227 "On approval of the Rules for the labeling of medicines and medical devices." Registered with the Ministry of Justice of the Republic of Kazakhstan on May 20, 2015 No. 11088.
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Decision of the Council of the Eurasian Economic Commission dated April 28, 2014 No. 28 "On approaches to the formation and application of a marking system for certain types of light industry products in a single customs territory".
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Decision of the Council of the Eurasian Economic Commission of December 2, 2015 No. 86 "On the approval of certain documents for the purpose of marking goods of the commodity item" Articles of clothing, clothing accessories and other products made of natural fur".
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Decision of the Council of the Eurasian Economic Commission of December 23, 2020 "On the introduction of labeling of certain types of dairy products with identification means".
For further information, please contact:
Saniya Perzadayeva, Managing Partner, Unicase Law Firm
saniya.p@unicaselaw.com