mc_gov_sa · law · processed · 32 chunks
[Non-Text] وزاره التجاره Ministry of Commerce VISION د包袱 23:30 العربيه المعربيه KINGDOM OF SAUDI ARABIA Law on Combating Commercial Adulteration By the Name of Allah, the Most Gracious, the Most Merciful Royal Decree No. (M/19) dated 23/4/1429 H With the Assistance of Allah, We, Abdullah Bin Abdul-Aziz Al Saud, King of the Kingdom of Saudi Arabia, Pursuant to Article (Seventy) of the Constitution, issued pursuant to the Royal Order No. (A/90) of 27/8/1412 H. Pursuant to Article Twenty of the Law of the Council of Ministers issued pursuant to the Royal Order No. (A/13) dated 3/3/1414 H. And pursuant to Article Eighteen of the Shura Council Law, issued pursuant to the Royal Order No. (A/91) dated 27/8/1412 H. Having reviewed the decisions of the Shura Council, No. (73/55) of 23/11/1426 H and No. (26/33) of 17/6/1428 and Having reviewed the Council of Ministers' Decision No. (119) of 22/4/1429. Hereby resolve the following: First: To approve the Law on Combating Commercial Adulteration in the attached draft. Second: His Highness the Vice Prime Minister and the ministers, as per their authorities, execute this Decree. Abdullah Ibn Abdul-Aziz +966 11 294 4444 | Riyadh 11162 لارياض Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 1 [Non-Text] وزاره التجاره Ministry of Commerce VISION لقي 230 العربيه المعريه Kingdom of Saudi Arabia Decision No. (119) of 22/4/1429 The Council of Ministers, Having reviewed the file received by the Bureau of the Prime Ministry, No. 32321/B of 18/7/1428, containing the letter of His Excellency the Minister of Commerce and Industry No. 11/3430 of 4/12/1423 H, and the telegram letter thereof No. (27/M) of 2/1/1424 H concerning the draft Law on Combating Commercial Adulteration. Having reviewed the Law on Combating Commercial Adulteration issued pursuant to the Royal Decree No. (M/11) of 29/5/1404 H. Having reviewed the minutes of the Bureau of Experts No. (68) of 27/2/1425 H, No. (243) of 13/6/1427 H, and No. (89) of 24/2/1429. Having considered the decisions of the Shura Council No. (73/55) of 23/11/1426 H. And having reviewed the recommendation of the General Committee of the Council of Ministers No. (229) of 1/4/1429. Resolves Hereby, To approve the Law on Combating Commercial Adulteration as per the attached draft. A draft Royal Decree has been prepared, attached herewith. Prime Minister +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 2 [Non-Text] وزاره التجاره Ministry of Commerce VISION لدا 23:30 العربيه العربيه السعوديه KINGDOM OF SAUDI ARABIA Law on Combating Commercial Adulteration Chapter 1: Definitions Article 1: Wherever mentioned in this Law, following word and phrases shall have the meanings assigned thereto hereunder unless the context requires otherwise: Law: The Law on Combating Commercial Adulteration. Regulations: The Implementing Regulations of the Law on Combating Commercial Adulteration. Adulterated Product: A- Any product subjected to any form of tampering or alteration that led to the decrease of its material or moral value, whether by addition, deducting, fabrication, or otherwise, and whether with regard to its substance, nature, type, species, form, elements, characteristics, requirements, specifications, source, or measurement (whether weight, size, quantity, capacity, or calibration). B- Any product that does not meet approved standards. C- Spoiled product: any product that is not anymore usable or consumable as to be provided under the Regulations. Approved Standards: The standards provided by the Saudi Standards, Metrology and Quality Organization or by other local or international entities and approved by the mentioned organization. Ministry: The Ministry of Commerce. Minister: The Minister of Commerce. Chapter 2: Offences Article 2: Following acts shall be considered offences against this Law: 1. Deception or attempted deception in any of the following issues: a) The product itself, its nature, type, species, elements or substantive characteristics. b) Source of the product. c) Measurement of the product, whether by weight, measure, quantity, capacity, or caliber. 2. Adulterate or attempt to adulterate a product. 3. Sells or offers for sale an Adulterated Product. 4. Possesses an Adulterated Product for trade. 5. Manufactures, produces, possess, sells, or offers products not compliant with the approved standards. 6. Uses containers, packs, wraps, packages, or stickers not compliant with the approved standards in the preparation or setting up of products designated for sale. 7. Packs, bundles, ties, distributes, stores, or transports a product in violation to the approved standards. 8. Imports, manufactures, prints, possesses, sells, or offers for sale packs, wraps, or printed materials used in adulteration. 9. Imports an Adulterated Product. Article 3: If an Adulterated Product is disposed of, the producer, importer, and distributor thereof shall report to the Ministry the information relevant to its quantity, names of the merchants to whom it was disposed of and their addresses; upon the same learns, being notified, or receive a report of the violation to the address +966 11 294 4444 | Riyadh 11162 A © D SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 3 [Non-Text] وزاره التحره Ministry of Commerce VISION d 30 230 العربيه المطوله KINDOM OF SAUDI ARABIA thereof as provided in the commercial register or with the commercial industrial chamber, or upon preparing the minutes of the violation. Article 4: No discounts shall be made to the prices of products, nor may commercial competitions / campaigns in any means be conducted without attaining the approval of the Ministry. Chapter 3: Reporting, Investigation and Trial Article 5: Employees from the Ministry, the Ministry of Municipal and Rural Affairs, and the Food and Drug Authority, appointed by a decision of the Minister after the approval of the authorities thereof, shall, jointly or severally, detect and establish violations of this Law. Employees having the capacity of judicial investigation officers shall be under the authority and supervision of the Ministry. Article 6: Where the official police officer finds strong reasons to believe that there is a violation to the provisions of this Law, the same shall have the right to acquire samples of the suspected product for analysis and prepare minutes of the fact containing all data needed to verify the samples themselves and the product which such samples represent as provided in the Regulations. Article 7: The merchant shall not dispose of the suspected product until the result of the analysis is out and the product is as such approved. Article 8: The Competent entity shall inspect the product and shall provide the result of the inspection within a period of fifteen days for foodstuff and within the period specified in the Regulations for other products. Article 9: It shall be prohibited to prevent judicial investigation officers from performing their duties of inspection, seizure, access to factories, stores, shops, or other premises or acquire samples of suspected products. Judicial investigation officers shall provide proof of their capacity as judicial investigation officers and shall have the right to close the premises until the merchant owning the premises is interrogated and their access is allowed. Article 10: The Council of Minister shall, upon the proposal of the Minister and after coordination with the Minister of Municipal and Rural Affairs, the Chief of the Food and Drugs Authority, issue rules for offering financial remunerations for officers described in Article Five of this Law. Article 11: An incentive of no more than 25% of the collected fine shall be offered to persons, other than the officers described in Article Five of this Law, who provide assistance to uncover instances of commercial adulteration that lead to finding and accusing offenders, as to be provided in the Regulations. +966 11 294 4444 | Riyadh 11162 لارياض Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 4 [Non-Text] وزاره التجاره Ministry of Commerce VISION 2013 23:30 العربيه المطوله Kingdom of Saudi Arabia Article 12: The Investigation and Prosecution Authority shall be competent with investigating and prosecuting the offences committed against this Law. Article 13: The Bureau of Grievances shall be competent with deciding on all offences, disputes, and compensation claims resulting from the application of this Law. Article 14: A person committing any offence under this Law shall be presumed to having been aware of the adulteration; awareness of the buyer shall not prevent the application of the provided penalty on the offender. Article 15: The buyer, the person for the account of whom the product is dispensed, and managers of companies, cooperatives, establishments, and shops shall be responsible for all violations to the provisions of this Law, and shall be subject to the penalties provided for the commission of the offence, where any of them establishes that the offense is attributed to a reason outside his control, the penalty shall only apply to the offender. Chapter 4: Penalties Article 16: Any person who commits any of the offences provided under Article Two of this Law shall be subject to a fine of no less than Five Hundred Thousand Riyals or imprisonment for a period of no more than two years, or to both penalties. Article 17: Any person who commits any of the offences provided under Article Four of this Law shall be subject to a fine of no less than Fifty Thousand Riyals or imprisonment for a period of no more than six months, or to both penalties. Article 18: Penalty shall be a fine of no more than (1,000,000) One Million Riyals and/or imprisonment of no more than three years, the following two cases: 1. Where deception or attempted deception was accompanied with the use of scales, standards, measurements, stamps, or other counterfeited or different inspection means or the use of methods and media that is likely to falsify the process of weighing, measuring, or inspecting the product, or where the Adulterated Product or the substances used in such adulteration is harmful to human or animal health. 2. The commission of any of the offenses provided in Articles (Three), (Seven) and Nine of this Law. Article 19: Without prejudice to penalties provided under Article Eighteen of this Law, any person who disposes of seized product shall be subject to a fine equal to the value thereof. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 5 [Non-Text] وزاره التجاره Ministry of Commerce VISION 23:30 دولقي اطوان لشومك Kingdom of Saudi Arabia Article 20: Without prejudice to penalties provided under this Law, a resolution may be issued to close the violating establishment for a period of no more than one year for offences provided under Article Two of this Law. Article 21: In all cases, where a product is proven to be adulterated, it shall be destroyed or disposed of in any proper method. Tools used for adulteration or deception shall be confiscated and disposed of in the method to be provided under the Regulations. Article 22: Without prejudice to the right of any person who sustains damages as a result of any of the offence provided under this law to receive compensation, the offender shall withdraw the Adulterated Product and refund the buyer as per the conditions and procedures to be provided under the Regulations. Article 23: Investigation and Prosecution Authority may demand that any person against whom the commission of any of the offences provided under this Law is established to be banned from travel until a final decision is rendered. Where the final decision is convention, the competent entity shall deport the foreigner form the Kingdom after the ruling against him is executed and the same may not return to the Kingdom for work afterwards. Article 24: Where the offender returns to committing any of the offences provided under this Law within five years from the date of issuing the final decision, he shall be subject to a penalty not to exceed double the maximum penalty provided for the offence. If such offender recommits the offence afterwards, he shall be, in addition to the provided penalties, deprived from the right to exercise any commercial business for a period of no more than five years. Article 25: The decision, issuing a prison sentence for one of the offenses stipulated in the previous articles of this Law, may include the publication of its summary at the expense of the offender in a local newspaper, or in any other appropriate manner, depending on the type of offense committed, its severity and its impact, provided that the publication of the decision after it became final. Article 26: Penalties under this Law shall apply to any person who participates in or incites the commission of any offence. Article 27: The Minister, in cases of emergency or necessity, may issue an order to apply a precautionary seizure to a product and withdraw it from the markets when the adulteration thereof is suspected, provided that the confiscation order shall be examined by the Bureau of Grievances within a period of no more than Seventy-Two hours as provided in the Regulations; whether to approve the seizure or remove it. +966 11 294 4444 | Riyadh 11162 لارياض Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 6 [Non-Text] وزاره التجاره Ministry of Commerce VISION دلي 23:30 العربيه المصريه Kingdom of Saudi Arabia Chapter 5: Closing Provisions Article 28: The Minister shall issue the Implementing Regulations of this Law, which shall be published in the Official Gazette within Ninety days from the issuance of this Law. Article 29: This Law shall replace the Law of Combating Commercial Adulteration issued pursuant to the Royal Decree No, (M/11) of 29/5/1404 H. Article 30: This Law shall be published in the Official Gazette and shall enter into force after Ninety days from the date of such publication. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 7