Corresponding
to 10 Rabi' Al-Akhir 1440 H.
ON
PRODUCT
SAFETY
Federal
Decree-Law no. 17 dated 27/09/2020
We,
Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates State,
After
perusal of the Constitution,
Federal
Law no. (1) of 1979 on the regulation of the industrial affairs;
Federal
Law no. (18) of 1981 on the regulation of commercial agencies, and its
amendments;
Federal
Law no. (35) of 1992 promulgating the Penal Procedure Law, and its
amendments;
Federal
Law no. (37) of 1992 on trademarks, and its amendments;
Federal
Law no. (18) of 1993 promulgating the Commercial Transactions Law, and its
amendments;
Federal
Law no. (24) of 1999 for the protection and development of the environment, and
its amendments;
Federal
Law no. (28) of 2001 on the establishment of Emirates Authority for
Standardisation
and Metrology, and its amendments;
Federal
Law no. (8) of 2004 on the Financial Free Zones;
Federal
Law no. (1) of 2006 on e-commerce and
transactions
;
Federal
Law no. (24) of 2006 on Consumer protection, and its amendments;
Federal
Law no. (5) of 2009 on organic inputs and Products;
Federal
Law no. (15) of 2009 on Tobacco Control;
Federal
Law no. (2) of 2015 on commercial companies, and its amendments;
Federal
Law no. (8) of 2015 on the Federal Customs Authority;
Federal
Law no. (10) of 2015 on Food Safety;
Federal
Law no. (11) of 2015 controlling trading high-value stones and precious metals
and stamping them;
Federal
Law no. (14) of 2016 on the violations and administrative penalties in the
federal government;
Federal
Law no. (19) of 2016 on Combating Commercial Fraud; And according to the
suggestion of the Minister of Economy - Chairman of the Board of Directors of
the Emirates Authority for Standardisation and Metrology, the approval of the
Cabinet and the Federal National Council and the ratification of the Federal
Supreme Council,
Issued
the following Law:
In
the implementation of the provisions of this Law, the following words and
expressions shall have the meanings stated beside them unless the context
requires otherwise:
State:
The United Arab Emirates.
Ministry:
Ministry of Industry and Advanced
Technology
.
Competent
Authority: The local entity or
Ministry
concerned with the application of the provisions of this Law at the State.
Customs
Authorities: The Federal Customs Authority and local customs departments in
every Emirate.
Product:
Every Product in its final form intended to be used by the Consumer, even if
within the framework of provision of services. It shall have been supplied in
the course of a commercial or professional transaction, against a fee or free of
charge, and includes: New Product, used Product valid for use, and rehabilitated
Product.
Safe
Product: Product suitable for use in the State under normal conditions or under
the potential circumstances for use, including the period of use, installation
and maintenance, not resulting into risk or having a minimum risk as per the use
of such Product, provided that it is acceptable and achieves the higher level of
protection of health and safety of persons.
Unsafe
Product: Every Product that does not meet the safety conditions according to
Article (4) of this Law.
Consumer:
Whoever obtains a commodity or service, with or without pay, to satisfy his
personal needs or others' needs.
Supply
Chain: All the phases that the Product goes through after its Production until
reaching the customer, including: Import, storage, wholesale, instalment sale,
delivery and any other related operations.
Market
Control: Measures taken by the Competent Authority to verify that the Products
offered or to be offered in the State are safe according to this Law.
Product
Withdrawal: Any action aimed at preventing the introduction of an Unsafe Product
in the State.
Product
Retrieval: Any action where the Supplier retrieves the Unsafe Product from the
Consumer after being supplied with the same.
Supplier:
Including all of the following:
1-
Manufacturer of the Product in case of its residence in the State, every person
introducing himself as manufacturer of the Product by naming the Product after
him or by any other relevant commercial description, or every person who renews
the Product.
2-
Manufacturer’s agent inside the State in case the manufacturer resides
abroad, or the importer in case of absence of a representative thereof inside
the State.
3-
Every professional in the Supply Chain of which the activity has an impact on
the properties of the Product safety.
Masterpiece:
A commodity of moral, material or historical value, not intended for
consumption.
Offer:
Any process undertaken on the Product, including its sale, rent, offer or
provision to the Consumer, and acquisition for such purpose, with or without
pay.
Standard
Specification: A document determining the description of the commodities,
materials, services or all that is subject to measurement, their descriptions,
properties, quality level, dimensions, standards or safety and security
requirements of the same. It shall also include the terms, symbols, test
methods, sampling, wrapping, Information Labels and marks.
Approved
UAE Standards: The Standard Specifications approved by the
Ministry
,
referred to as UAE Standard Specification (UAE.S).
Information
Label: Label containing information written, printed, drawn, engraved or
embossed on the Products and covering all information of the same and those
required according to the technical rules and relevant Standard
Specifications.
Article
2- Objectives of the Law
1-
Ensure the safety of the Products offered in the State through the development
of a legislative framework for the introduction of Products in the market,
according to the international legislation and practices, technical regulations,
Standard Specifications and risk assessment reports.
2-
Determine the requirements of Safe Product and the preventive and therapeutic
measures, and determine the responsibilities to control the trading of the
Products manufactured inside the importing State.
3-
Support and protect the State’s economy, security and environment from
unsafe practices and Products or those that do not meet the technical
regulations and Approved UAE Standards.
4-
Facilitate trading between the State and the international markets and support
tourism and investment by increasing confidence in the Products traded in the
markets and providing a legislative infrastructure for the standardisation and
quality control activities.
Article
3- Scope of Validity and Exceptions
The
provisions of this Law shall apply to all Products offered in the State
including free zones and the like, except for the following Products:
1-
Human and veterinary medicines, vaccines, serums and the like.
2-
Commodities imported as Masterpieces.
3-
Used Products requiring repair, rehabilitation or amendment during the period
preceding their Offer in the State.
1-
The Product shall be deemed safe in any of the following cases:
a-
It is conformant to the laws, decisions or relevant technical regulations issued
by the
Ministry
determining the specifications and properties of the Product, and the mandatory
requirements of the operations performed on the same or any other technical
requirements.
b-
It is conformant to the Approved UAE Standards covering the safety aspects of
the Product or any other standard issued by an acceptable entity outside the
State and approved by the
Ministry
according
to the rules determined by the Implementing Regulation of this Law.
2-
If both cases set forth in Clause (1) of this Article are not applicable to the
Product, a “risk assessment report for the Product or the Product
aspects” shall be submitted to the
Ministry
issued by an acceptable entity and it shall be studied and accepted by the
Ministry
,
according to the rules set forth in the Implementing Regulation of this Law,
provided that the following requirements are met:
a-
Properties of the Product, including: Components, wrapping, assembly and
maintenance instructions.
b-
Its effect on other Products when it is expected to be used with another
Product.
c-
Display of the Product and Information Label, any instructions related to the
use or disposal thereof after use, and any other instructions determined by the
manufacturer.
d-
Determine the categories and age ranges of the Consumers who may be at risk upon
using the Product, particularly the children, disabled persons and the
elderly.
e-
Any other requirements set forth in the Implementing Regulation of this
Law.
Article
5- Prevention of Entry of Unsafe Products
The
Customs Authorities at the State shall prevent the entry of Unsafe Products
according to the rules determined by the Implementing Regulation of this
Law.
Article
6- Obligations of the Supplier
1-
Not offer Unsafe Products in the State.
2-
Ensure that the Product remains safe after the Offer thereof and during normal
and frequent use.
3-
Take the necessary preventive and therapeutic measures determined by the
Implementing Regulation of this Law in case of a change in the properties of the
Product or its conversion into an Unsafe Product due to normal use.
Article
7- Appeal by the Supplier
The
Supplier shall have the right to appeal the decisions issued under the
provisions of this Law concerning its Products proved not to be conformant with
the Safe Product requirements, according to the following rules:
1-
He shall file his appeal in writing to the
Ministry
within (10) ten working days from the date of his notification of the decision.
The appeal shall not be accepted if filed after the said date.
2-
He shall enclose the necessary documents explaining the reason of the
appeal.
3-
He shall commit, during the period of settlement of his appeal, to apply the
decision concerning which the appeal was filed, until the
Ministry
issues a decision to the contrary.
4-
The
Ministry
shall take necessary actions concerning the settlement of the filed appeals,
including their study and verification of the validity thereof based on the
information provided by the Supplier or any other relevant and credible sources.
5-
The
Ministry
shall take its decision concerning any appeal within a period not
exceeding (10) ten working days from the date of receipt thereof, and its
decision shall be final.
Whoever
commits any of the following shall be sentenced to imprisonment and to a fine
not less than AED (500,000) five hundred thousand Dirhams and not exceeding AED
(3,000,000) three million Dirhams, or to any of said penalties:
1-
Offering a Product not conforming to the requirements of Safe Products stated in
Article (4) of this Law.
2-
Continuing to offer a Product despite the issuance of a decision to withdraw or
retrieve the same.
3-
Offering a Product that was reserved until completion of the procedures of
verification of its safety.
Whoever
commits any of the following shall be sentenced to imprisonment and to a fine
not less than AED (100,000) one hundred thousand Dirhams and not exceeding AED
(1,000,000) one million Dirhams, or to any of said penalties:
1-
Offering a Product in the market before submitting a risk assessment report of
the Product and aspects of the Product, upon the request of the Competent
Authority, or offering a Product after submitting such report but before its
acceptance by the Ministry.
2-
Failing to respond to the cooperation with the Competent Authority in order to
avoid the risks that may result from the Unsafe Product.
3-
Failure of the Supplier to take necessary action as to follow the safety of the
Product during the period of its presentation in the State.
4-
Failing the implement the withdrawal decision or failing to retrieve the Product
during the period determined by the Competent Authority.
Without
prejudice to the penalties set forth in this Law, whoever violates any provision
of this Law shall be punishable by a fine not exceeding AED (100,000) one
hundred thousand Dirhams.
The
Cabinet shall issue a decision stating the violations and the fine prescribed
for each.
The
penalties set forth in this Law shall not prejudice any more severe penalty
stipulated in another Law.
Article
12- Non-Exemption from Penalty
The
Consumer’s knowledge of the unsafety of the Product shall not exempt the
Supplier from the penalty prescribed in this Law.
Article
13- Complementary Penalties
The
Court may, upon ruling condemnation under the provisions of this Law, rule the
following:
1-
Confiscating the violating Products.
2-
Destroying the violating Products.
3-
Closing the shop for a period not exceeding six months.
4-
Cancelling the licence.
In
all the cases where judgment is rendered for confiscation or destruction, the
violator shall pay the costs.
1-
The criminal action shall not be set in motion for the crimes set forth in
Article (10) of this Law without a written request from the
Ministry
.
2-
Taking in consideration the provisions of the said Federal Law no. (14) of 2016,
the conciliation for the crimes set forth in Article (10) of this Law shall take
place before the case is referred to the competent Court against an amount
equivalent to half the prescribed fine. The criminal action shall be settled by
payment of the conciliation amount.
3-
If the violating party rejects the conciliation, the matter shall be transferred
to the Public Prosecution.
Article
15- Implementing Regulation
The
Implementing Regulation of this Law shall determine the following:
1-
Market Control procedures.
2-
Procedures of withdrawal and retrieval of the Products upon discovery of an
Unsafe Product.
3-
Rules and procedures necessary for the provision and update of all relevant
information concerning risks, injuries, accidents and complaints related to
Products.
The
Cabinet shall issue a decision to determine the fees related to the
implementation of the provisions of this Law.
Article
17- Supervision and Control by the
Ministry
The Ministry shall supervise and control the implementation of the provisions of
this Law and the concerned local authority in every Emirate shall coordinate
with the Authority for the implementation of the provisions thereof.
Article
18- Judicial Officers
The
employees specified by a decision from the Minister of Justice, under agreement
with the Head of the Competent Authority, shall have the capacity of judicial
officers as per proving the violations to the provisions of this Law, its
Implementing Regulation and the decisions issued in implementation thereof,
within the jurisdiction of each.
Article
19- Issuance of the Implementing Regulation
The
Cabinet shall issue the Implementing Regulation of this Law within six months
from the date of publication
thereof
.
Any
provision violating or contradicting the provisions of this Law shall be
abrogated.
Article
21- Publication and Entry into Force
This
Law shall be published in the Official Gazette and shall enter into effect six
months after the date of publication thereof.
Issued
by Us at the Presidential
Palace in Abu Dhabi:
On: December 18,
2018
Corresponding to: 10 Rabi Al-Akhar 1440H
Khalifa
bin Zayed Al Nahyan
President
of the United Arab Emirates State
This
Federal Law was published in the Official Gazette no. 644 (Annex), p. 61.
