mc_gov_sa · executive_regulation · processed · 4 chunks
VISION d 2×30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA وزاره التجاره Ministry of Commerce Implementing Regulations of The Commercial Data Law [Non-Text] وزاره التجاره Ministry of Commerce VISION d...gJ 230 العربيه السعوديه KINGDOM OF SAUDI ARABIA Implementing Regulations of the Commercial Data law Article (1): Commercial data are the notices that must be placed on the goods or products, directly or indirectly, to identify them or indicate their distinctive characteristics. Article (2): The producer or importer is obliged to write all mandatory commercial data on each unit of goods or products it produces or imports, as well as on the packaging of that unit and the container containing more than one unit, in a manner that is difficult to remove. Article (3): The following data is mandatory: - Number, quantity, size, measure, capacity, weight, price, production and expiry dates of each product. - The entity or the country where the products were manufactured or produced. • Product components. • Name of the product or its manufacturer. Article (4): If the commodity has an impact or relationship with human, animal or environmental health, the statement of the components shall include the following: • Statement whether the product is genetically altered or in a condition similar to that. - Statement whether that product contains dangerous substances and how dangerous they are. • Statement whether the product is irradiated. Article (5): All mandatory and optional commercial data shall be written in Arabic clearly and in accordance with the truth in all respects, Such data may be written in another language in addition to the Arabic language, yet the Arabic version shall prevail. Article (6): In accordance with the provisions of Article (6) of the Commercial Data Law, it is prohibited to import or sell products that do not carry any of the mandatory data as stipulated in Articles 3 and 4 of these Regulations. Article (7): No statement may be placed on a product, including trademarks, to suggest that the product is originated in a geographical area other than its actual origin. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه f@ SaudiMCI www.mci.gov.sa 2 [Non-Text] وزاره التجاره Ministry of Commerce VISION d JgJ 230 العربيه السعوديه KINGDOM OF SAUDI ARABIA Article (8): If the manufacturer has more than one factory in more than one country, then he and the importer shall indicate the name of the country in which the product has been produced. If the production stages are carried out in more than one country, a declaration must be provided regarding each stage of production and its location; it shall not be sufficient to mention the place where the main manufacturer exists. Article (9): The seller, the person for whose account the products are discharged and the directors of the companies, associations, institutions and stores shall be responsible along with the producer or importer for all violations of the provisions of this law; each shall be subject to the penalties imposed on any offenders and each is supposed to be aware of the violation and may deny that by any means of proving. Article (10): The General Directorate for Combating Commercial Adulteration and the Ministry branches shall receive complaints and reports on any violations of the provisions of this Law. Article (11): The inspectors appointed by the Minister of Commerce shall, jointly or individually, monitor all violations of the provisions of the Law and the decrees issued in implementation thereof, seize the goods subject to violation and the related documents, take samples and seize any items strongly suspected for violating the Law and shall investigate with the violators. In undertaking such task, the inspectors may access the stores and warehouses where the goods subject to the provisions of this Law, as well as the attached warehouses and means of transportation, whether these premises are wholly or partially assigned to such goods and products. Article (12): The employees appointed by virtue of a decree issued by the Minister of Commerce shall have the capacity of judicial control officers in the application of the provisions of this Law. They may seek the support of police stations and coordinate with the municipalities and related parties. Article (13): Spotting violations, sampling, seizure and delivery of the goods, lifting up the seizure and retaining documents shall be in accordance with official minutes conforming to the forms prepared by the General Directorate for Combating Commercial Adulteration, provided including the location and date of seizure, name of violator, type of violation and statement and description of seized products. The said minutes shall be signed by the control officer, the store owner, director or officer in the place of spotting the violation. In case of any party's refusing to sign, the same shall be indicated in the minutes. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه f@SaudiMCI www.mci.gov.sa 3 [Non-Text] وزاره التجاره Ministry of Commerce VISION d...gì 230 ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ي ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ال (:ي KINGDOM OF SAUDI ARABIA Article (14): The General Directorate for Combating Commercial Adulteration and the relevant branch of the Ministry shall, within two days of the date of spotting the violation, send the sample to be analyzed to the competent authority, keeping two other samples to the sent one. Article (15): Goods or products seized under these Regulations shall be disposed of in accordance with the following: a- If the violation is not harmful in itself and does not affect the health and safety of humans, animals or the environment, and the correction thereof does not contradict with the Saudi commodity standardization, it shall be corrected by removing the causes of the offense, through mentioning the missing data or correcting the wrong data, clearly and in a manner that prevents changing or manipulating therein; regardless whether such data is included in the product's label or description, in the relevant methods of advertising and promotion thereto, or otherwise. b- If the violation affects the health and safety of humans, animals or the environment, or if the correction contradicts with the commodity standardization, it shall be disposed of in accordance with what the instructions of the Board of Grievances. c- Data completion or rectification shall not preclude the imposition of legal penalties in case the violation is proved. Article (16): The General Directorate for Combating Commercial Adulteration and the relevant branch of the Ministry, within two weeks from the date of detecting a violation, shall complete the investigation, prepare a memorandum of the relevant facts, decide whether to lift the seizure -if fulfills its purposes - or extend it, identify the violation and the conviction documents, and determine the violated provisions of the Law; thereupon, violation papers and a sample of the product subject of the violation shall be referred to the Bureau of Investigation and Prosecution or its competent branch to carry out the investigation and prosecution before the Board of Grievances. +966 11 294 4444 | Riyadh 11162 f YouTube@SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 4