CONCERNING PUBLIC HEALTH

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,

Pursuant to the perusal of the Constitution;

- Federal Law No. (1) of 1972 on Competencies of the Ministries and Powers of the Ministers and its amendments;

- Federal Law No. (5) of 1979 on agricultural quarantine and its amendments;

- Federal Law No. (6) of 1979 on veterinary quarantine and its amendments;

- Federal Law No. (8) of 1980 on the Regulation of Labour Relations and its amendments;

- Federal Law No. (28) of 1981 concerning the detention and treatment of people with a mental disorder;

- Federal Law No. (5) of 1984 concerning the practice of some medical professions by pharmacists and non-physicians;

- Penal Code promulgated by Federal Law No. (3) of 1987 and its amendments;

- Federal Law No. (35) of 1992 issuing the Criminal Procedure Law and its amendments;

- Federal Law No. (41) of 1992 regarding agricultural pesticides;

- Federal Law No. (24) of 1999 on the Protection and Development of the Environment and its amendments;

- Federal Law No. (28) of 2001 establishing the Emirates Authority for Standardisation and Metrology (ESMA) and its amendments;

- Federal Law No. (28) of 2005 concerning Personal Status and its amendments;

- Federal Law No. (24) of 2006 on Consumer protection and its amendments;

- Federal Law No. (29) of 2006 concerning the Rights of Persons with Disabilities and its amendments;

- Federal Law No. (15) of 2009 concerning Tobacco Control;

- Federal Law No. (18) of 2009 regulating the Registration of Births and Deaths;

- Federal Law No. (8) of 2013 on the prevention and control of contagious and epidemic animal diseases;

- Federal Law No. (14) of 2014 concerning the Prevention of Communicable Diseases;

- Federal Law No. (4) of 2015 on Private Health Facilities;

- Federal Law No. (10) of 2015 on Food Safety;

- Federal Law No. (3) of 2016 concerning the Child Rights Law “Wadima”;

- Federal Decree Law No. (4) of 2016 on Medical Liability;

- Federal Decree-Law No. (5) of 2016 on the Regulation of Human Organs and Tissue Transplantation;

- Federal Law No. (19) of 2016 on Combating Commercial Fraud;

- Federal Law No. (12) of 2018 on Integrated Waste Management;

- Federal Law No. (5) of 2019 regulating the Practice of the Human Medicine Profession;

- Federal Law No. (7) of 2019 concerning Medically Assisted Reproduction;

- Federal Law No. (8) of 2019 on Medical Products, the Pharmacy Profession and Pharmaceutical Facilities; and

- Based on the proposal of the Minister of Health and Prevention, the approval of each of the Cabinet and the Federal National Council, and the ratification of the Federal Supreme Council,

Issued the following Law:

In application of the provisions of the present Law, the following terms and expressions shall have the meanings assigned to each of them, unless the context of requires otherwise:

State: United Arab Emirates.

Ministry: Ministry of Health and Prevention.

Minister: Minister of Health and Prevention.

Health Authority: Any federal or local government agency concerned with health affairs in the State.

Concerned authority: Any entity concerned with the protection of human health and safety in the State, and that has a direct or indirect relation with the implementation of the provisions of this Law.

Committee: National Public Health Committee.

Public Health: Physical, mental, psychological and social well-being of community members through the sciences, skills and practices directed towards protecting, promoting and ensuring the sustainability of that wellness, and the development of health-supporting environments.

Precautionary Principle: Preventive measures that avoid a potential risk to public health.

Food: In application of this Law, any substance or part thereof, whether raw, primary, manufactured or semi-manufactured, intended for human consumption by eating or drinking.

Balanced Healthy Food: Food that contains the basic nutritional components, and micronutrients such as iodine, iron and vitamins, and is devoid of harmful ingredients and harmful additives.

Healthy Food Alternative: Foodstuff prepared for human consumption, in accordance with healthy food conditions and specifications, compared to food that does not meet said conditions and specifications.

Healthy lifestyles: Lifestyle behaviours which help to keep and improve people's health and prevent diseases.

Advertising: Promoting a product or service for marketing, trading or publication purposes, either directly or indirectly, whether read, audible, visual or otherwise.

Wastes: All types of hazardous or non-hazardous waste or waste requiring safe disposal.

International Health Regulations: Rules and controls approved by the World Health Organisation in accordance with its regulations and adopted by the State in line with its legislation, to limit the spread of diseases, ensure protection against risks to public health, and respond to public health emergencies at the international level.

Infant: Under the provisions of this Law, a child who has not reached (24) twenty-four months of age.

Young children: In the provisions of this Law, a child who is over (12) months old and not more than (36) months old.

Child: Every human being born alive and not having reached (18) eighteen years of age.

Adolescent: Every person who has completed (10) ten years of age and has not reached (20) twenty years.

Elderly: Under the provisions of this Law, an individual who has reached the age of sixty or more.

Person with Disability: Every person having a complete or partial, stable or temporary deficiency or impairment in his physical, sensory, mental, communicative, educational or psychological capabilities to the extent that reduces the possibility of meeting his normal requirements in the circumstances of their peers without disabilities.

Communicable Disease: Infectious disease resulting from the direct or indirect transmission of a pathogen, its pathogenic products (toxins), or secretions to others and infecting them with the disease.

The present Law aims at achieving the following:

1- Setting an integrated system of scientific and applied rules and systems for the purposes of promoting and protecting public health in accordance with the precautionary principle and confirmed scientific evidence, and in line with the International Health Regulations and any other regulations adopted by the State.

2- Enhancing coordination and cooperation at all internal and external levels in terms of preparedness and response to face health problems.

3- Raising the level of community awareness of the factors and risks that affect human health and their causes, consolidating a sense of individual and collective responsibility, and working to increase community awareness of methods of protecting human health.

4- Reducing the risks affecting human health and society.

The provisions of this Law shall apply to everything related to public health in the State, including free zones.

1- A committee called (National Committee for Public Health) shall be established under the chairmanship of the Minister, with the membership of a number of representatives of the Ministry, health authorities and concerned authorities. Its formation, nomination of members and functioning system shall be regulated by a decision of the Cabinet.

2- The Committee shall be responsible for the following:

a- Reviewing draft strategies to protect public health.

b- Supervising the implementation of prevention and immediate response plans in the community.

c- Coordinating the roles of each of the Ministry, the health authorities and the concerned authorities with regard to protecting public health.

d- Setting the priorities and proposing mechanisms to support and develop research and studies related to public health.

e- Any other competences assigned to it by the Cabinet.

The Ministry shall, in coordination with the health authorities and the concerned authorities, develop policies and strategies related to public health, and prepare plans and programmes related to prevention and immediate response by the community and the mechanisms for their implementation and evaluation.

The health authorities and the concerned authorities shall provide the Ministry with all the information, data or statistics it requests regarding the implementation of the provisions of this Law and the decisions issued in implementation thereof.

The health authorities, the concerned authorities and the Ministry shall exchange any information, data or statistics in this regard.

1- In coordination with the health authorities and the concerned authorities, the Ministry shall set the controls to be met for the appointment, training, licensing and classification of the necessary cadres to work in the field of public health.

2- The Ministry shall coordinate and provide support to the authorities concerned with Emiratisation in the State to enable a progressive increase in the Emiratisation rates for the medical personnel working in the State.

The health authorities, the concerned authorities and the Committee shall cooperate and coordinate with the Ministry to achieve the following:

1- Monitoring the State's health status, and preparing the necessary periodic reports in this regard.

2- Laying down the principles and standards necessary for evaluating all public health programmes and policies.

3- Identifying public health issues and priority health risks.

4- Assigning the management of hazardous materials affecting public health.

5- Setting mechanisms of surveillance and preparedness for facing public health risks.

6- Setting information regulations and rules in the field of public health.

7- Setting mechanisms to review emergencies, disasters and crises at the health level in the State.

8- Any other issues on which a decision is issued by the Cabinet.

In coordination with the health authorities and the concerned authorities, the Ministry shall prepare the policies and strategies for health counselling, education and promotion in the field of public health, and the health authorities shall develop their implementation programmes in accordance with said policies and strategies.

The Ministry and the health authorities shall provide the services related to family health, including the following:

1- Medical examination and health advice for persons entering into a marriage.

2- Reproductive health, raising awareness about it and maternal care, especially during pregnancy, childbirth, postpartum and breastfeeding.

3- Breastfeeding awareness and training.

4- Early detection of birth defects and genetic diseases.

5- Educating the families and the society on how to care for and protect children.

6- Periodic medical examinations for the children, to monitor their growth and the care for their health, and providing guiding for the mother about Balanced Healthy Food for them during their growth period.

7- Periodic updating of preventive vaccinations and ensuring their quality while providing comprehensive coverage within a specific policy.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the conditions and controls for marketing and regulating the sale of food and health products for infants and young children.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the controls to promote and protect the health of students and staff in educational institutions.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the controls to promote and protect the physical and psychological health of adolescents and to combat negative behaviours that are dangerous to their health.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the controls for promoting and protecting the health of the elderly and providing comprehensive health care for them, and ensuring the provision of a suitable environment for them, including centres and institutions dedicated for them.

In cooperation and coordination with the concerned authorities and health authorities, the Ministry shall set the controls to promote and protect the health of the persons with disabilities, provide comprehensive health care to them, and ensure the provision of a suitable environment.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the controls to promote and protect the mental health of all members of the society, provide them with the necessary health services in this field, and ensure their protection from psychiatric illnesses, behavioural disorders and addiction.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the controls and policies for healthy and balanced food, and shall monitor the implementation of said controls and policies, in particular the following:

1- Limiting the consumption of unhealthy food.

2- Encouraging the consumption of healthy food, in order to ensure a healthy and balanced diet.

3- Setting the rules governing advertisements for healthy food products.

4- Activating the role of the authorities concerned with consumer protection in the field of healthy food.

5- Setting the standards and requirements for the food labels of healthy food.

6- Setting standards and requirements for healthy food supplements and herbal products.

7- Laying down the rules related to providing a Healthy Food Alternative.

The Ministry shall cooperate and coordinate with the health authorities and the concerned authorities in everything related to the field of food safety to protect public health in society.

The concerned authorities shall undertake to coordinate with the health authority to develop policies and measures to support and encourage physical activity, exercise, and healthy lifestyles.

In coordination with the Ministry, the concerned authorities shall set policies and measures to combat tobacco and its derivatives, in accordance with the legislation in force in the State.

The Ministry, health authorities, and public utility associations and organisations related to public health shall work to encourage, organise and develop scientific research, and periodic studies and statistics in the field of public health, in cooperation and coordination with the concerned authorities.

Doing a health advertisement shall fulfil the following conditions:

1- Shall not be misleading.

2- Shall not contain unreal things that deceive public opinion.

3- Shall not cause harm to public health.

4- Shall fulfil the conditions, controls and procedures on which a decision is issued by the Cabinet.

Taking into account the legislation in force in the State and in cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set and follow up the following:

1- The controls and conditions for ensuring the health and safety of workers in all work sites in the State, including treatment, rehabilitation and preventive services.

2- The Regulation concern the management of occupational and environmental health and safety, updating it continuously, and ensuring that all employees are observing it.

3- A system for recording and following up all cases of accidents, work injuries and occupational diseases.

4- The controls and conditions of health fitness for engaging in the work and continuing to exercise it.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the necessary policies to prevent communicable diseases, including those transmitted from animals and that may pose a threat to public health, and work to combat them.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall set the necessary policies for the prevention and control of non-communicable diseases, as well as everything that poses a threat or danger to public health.

The concerned authorities shall take the necessary measures in the fields related to protecting human health from environmental hazards and from hazardous substances affecting public health, and shall ensure compliance with the requirements, including:

1- Ensuring the suitability of water for safe use.

2- Conducting health supervision over beaches and public swimming pools.

3- Monitoring sewage water, its networks, and the purification stations, and ensuring that health requirements are met.

4- Carrying out waste treatment and safe disposal in accordance with the legislation in force.

5- Controlling public health pests, rodents, agricultural pests and insects.

6- Ensuring protection from air pollution.

7- Ensuring protection from radiological, chemical and biological hazards.

8- Controlling noise.

9- Carrying out city planning to ensure support and protection of public health.

After coordinating with the health authorities and the concerned authorities, the Minister may issue a decision to prohibit the import, trade, promotion, marketing, production, or manufacture of any substance, product, or element harmful to public health, and he may also decide to destroy or dispose of such substance, product or element in accordance with the controls applicable in this respect.

After coordinating with the health authorities and the concerned authorities, the Ministry shall supervise and follow up the implementation of the procedures prescribed by the International Health Regulations, including strengthening the basic capabilities needed in this field.

After coordinating with the concerned authorities, the Ministry shall set the necessary preventive conditions and controls and the relevant procedures regarding the transport and burial of the dead.

The concerned authorities shall coordinate with the Ministry or the health authorities to determine cemetery locations in a manner that guarantees the protection of public health.

In cooperation and coordination with the health authorities and the concerned authorities, the Ministry shall develop a system to report the violations of any of the provisions of this Law.

All health authorities and concerned authorities shall undertake to coordinate with the Ministry in the fields related to pharmaceutical products, medical facilities, and any other products designated for health-related uses, in order to ensure their quality, safety and availability in accordance with the requirements of protecting public health in the community.

1- The penalties stipulated in the present Law shall not prejudice any hasher penalty stipulated in any other Law.

2- A fine of no less than AED (10,000) ten thousand and no more than AED (50,000) fifty thousand shall be imposed on whoever violates any of the following requirements and rules:

a- Healthy food requirements.

b- Requirements for the fool labels of healthy foodstuff.

c- Requirements for healthy nutritional supplements and herbal products.

d- Rules related to providing Healthy Food Alternatives.

3- A fine of no less than AED (50,000) fifty thousand and no more than AED (300,000) three hundred thousand shall be imposed on whoever violates the conditions and controls related to the marketing or sale of food and products related to infants, in accordance with the provisions of Article (11) of this Law and the decisions issued in implementation thereof.

4- A fine of no less than AED (50,000) fifty thousand and no more than AED (300,000) three hundred thousand shall be imposed on anyone who supplies any educational institution or entities of similar status with food that does not comply with the health requirements and standards that shall be met thereby in accordance with the provisions of Article (12) of the present Law and the decisions issued in implementation thereof; and a fine of no less than AED (10,000) ten thousand and no more than AED (50,000) fifty thousand, shall be imposed on the person in charge at the place where such food products are offered or sold in the educational institution or the entity of similar status if said person is aware of the matter.

5- A fine of no less than AED (50,000) fifty thousand and no more than AED (150,000) one hundred and fifty thousand shall be imposed on whoever publishes or broadcasts a health advertisement in violation of the rules and requirements of the health advertisement rules referred to in Article (22) of this Law.

The employees designated by a Decision issued by the Minister of Justice in agreement with the Minister, the head of the health authority or the head of the concerned authority shall be granted law enforcement authority in establishing the violations of the provisions of this Law and the decisions issued in implementation thereof, within the scope of competence of each of them.

The Cabinet may issue the decisions necessary to implement the provisions of the present Law, based on a proposal from the Minister.

Any provision that contradicts or conflicts with the provisions of the present Law shall be abrogated.

The present Law shall be published in the Official Gazette and shall come into force three months after its date of publication.