Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety
- Law Type: Federal Law
- Law Number: Cabinet Resolution No. (38) of 2021
- Issued Date: 21 Apr 2021
- Effective Date: 17 May 2021
- Official Gazette: No. 702
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 33
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Law No. (10) of 2018 Concerning Product Safety. The law regulates the safety requirements for products sold in the UAE market, aiming to protect consumers from unsafe goods. It outlines the responsibilities of suppliers, the approval process for conformity certificates, risk assessment procedures, and the mechanisms for market supervision and enforcement. The law is significant for businesses operating in the UAE, as it sets clear compliance requirements for product safety, including labeling, consumer information, and procedures for product withdrawal and recall. Failure to comply can result in penalties imposed by the authorities. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021)
What is the scope and purpose of this law?
The Cabinet Resolution establishes the executive regulations for Federal Law No. (10) of 2018 Concerning Product Safety. The law applies to all products sold in the UAE market, regulating their safety requirements to protect consumers. It outlines the responsibilities of suppliers, the approval process for conformity certificates, risk assessment procedures, and the mechanisms for market supervision and enforcement. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 1)
What are the key definitions under this law?
The law provides the following key definitions:
- Ministry: The Ministry of Industry and Advanced Technology
- Minister: The Minister of Industry and Advanced Technology
- Market: Places and facilities designated for sale, rental or exhibition, or fairs designated for sale or exhibition, including free zones and electronic markets
- Approved Entity: An entity approved by the Ministry having the capacity and technical competence on the preparation and issuance of product risk assessment and analysis reports
- Law: Federal Law No. (10) of 2018 Concerning Product Safety
(Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations on suppliers: 1. Provide a risk assessment report issued by an Approved Entity if the product does not meet accredited safety standards. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 3) 2. Label the product with supplier information, product details, and consumer safety instructions. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 4) 3. Avoid making misleading claims about the product's safety. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 4) 4. Declare that the product is safe and trace it to ensure it remains safe. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 4) 5. Fulfill legislative requirements related to the environment, health, and safety. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 4) 6. Withdraw or recall unsafe products from the market. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 8)
What licensing, registration, or approval requirements exist?
The law requires that products be certified as safe by an Approved Entity. An entity is deemed approved if it is: 1. Accredited under Cabinet Resolution No. (35) of 2015 on the UAE Regulations of the Control on Conformity Assessment Bodies. 2. Accredited based on international standards by internationally recognized entities or operating within a system of international multilateral recognition. 3. Operating under the supervision of government authorities with agreements or memoranda of understanding with the Ministry for mutual recognition of conformity certificates or accreditation procedures. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 2)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this law are: 1. The Ministry of Industry and Advanced Technology, which is responsible for examining and accepting risk assessment reports, issuing certificates or statements on product safety, and coordinating with other authorities. 2. The competent authority, which is responsible for conducting market supervision, surveys, and examinations, as well as taking preventive and remedial measures for unsafe products. 3. Customs authorities, which are responsible for preventing the entry of unsafe products into the UAE market. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Arts. 6, 7, 9)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the requirements of this Cabinet Resolution.
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or financial provisions related to this Cabinet Resolution.
What exemptions or exceptions apply?
The legislation does not provide any exemptions or exceptions to the requirements of this Cabinet Resolution.
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this Cabinet Resolution.
What are the key deadlines and time limits?
The legislation does not specify any deadlines or time limits under this Cabinet Resolution.
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued in relation to Federal Law No. (10) of 2018 Concerning Product Safety. It also references the following related legislation: - Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Powers of Ministers - Federal Decree-Law No. (17) of 2020, Amending and Repealing Repeal certain Federal Laws - Federal Decree-Law No. (20) of 2020, Concerning Standards and Metrology - Cabinet Resolution No. (35) of 2015, Concerning the UAE Regulations of the Control on Conformity Assessment Bodies (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021)
When did this law come into effect?
This Cabinet Resolution came into effect on 17 May 2021, the day following its publication in the Official Gazette No. 702. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety, 2021, Art. 14)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Product Safety for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.