Legislation Details
- Full Title: Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages
- Law Type: Cabinet Resolution
- Law Number: No. (83) of 2024
- Issued Date: 08 Jul 2024
- Effective Date: 27 Jan 2025
- Official Gazette: No. 780
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 20
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes technical regulations for controlling the quantity of product in pre-packages in the UAE. The law aims to protect consumer rights and enhance the quality and competitiveness of products in national factories by ensuring that both imported and locally manufactured pre-packages comply with local and international regulations and standards related to the quantity of the product. The resolution covers requirements for labeling, measurement units, and verification of the actual quantity in pre-packages. It applies to a wide range of pre-packaged products intended for direct sale in the UAE, with some exceptions. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 2-3)
The law is significant for businesses and consumers in the UAE, as it sets clear standards and obligations for suppliers to accurately represent the quantity of products in pre-packages. This helps ensure consumers receive the full value they expect and promotes fair competition in the market. The resolution also empowers authorities to enforce these requirements and take action against non-compliant products. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 2, 5-7)
What is the scope and purpose of this law?
The purpose of this Cabinet Resolution is to protect consumer rights and enhance the quality and competitiveness of products in national factories by ensuring that both imported and locally manufactured pre-packages comply with local and international regulations and standards related to the quantity of the product. The resolution applies to pre-packages with fixed or variable nominal values, intended for direct sale in the UAE using the legally approved units of measurement for weight, volume, length, area, or number. It includes packages that are manufactured, imported, or locally filled, with some exceptions such as pre-packages used for specialized professional purposes, military, educational, or pharmaceutical purposes, or any products excluded by a resolution of the Minister. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 2-3)
What are the key definitions under this law?
- State: The United Arab Emirates.
- Ministry: Ministry of Industry and Advanced Technology.
- Minister: Minister of Industry and Advanced Technology.
- Authorised Entity: Any Governmental Entity, whether Federal, Local or Private, officially authorised by the Ministry to carry out any of its tasks and powers stipulated in the provisions hereof.
- Metrological Confirmation: Conduct a Conformity Assessment that results in the installation of a Confirmation Mark and the issuance of a Confirmation certificate.
- Legal Metrological Control: All activities of legal metrology, including Legal Control of Measuring Devices, metrological supervision, metrological expertise and all operations for examination and proof.
- Pre-Packages: A pre-packaged product refers to an item contained in a can or any other form of packaging, with its nominal or actual quantity determined and clearly stated on the label prior to sale or without the buyer being present. The actual quantity within such packaging cannot be altered without opening it or making a noticeable modification. A pre-package comprises both the product itself and its packaging material.
- Product: Any product in its final form intended for consumer use or consumption in the Pre-package to which the provisions hereof apply.
- Calibration: The processes conducted to define the efficiency and accuracy of Measuring Devices and Tools.
- Legal Measurement Units: Measurement units that shall be used exclusively in the specified fields approved by the Ministry and stipulated in the Technical Regulations for Legal Units of Measurement.
- Supplier: Anyone whose activity affects the characteristics of the product, whether the manufacturer, importer, transporter, assembler, agent, warehouse keeper, or any primary or secondary distributor, or any legal representative responsible for the import, supply, and use of products subject to the provisions hereof, and who operates through a company or licensed sole establishment in the country in accordance with the relevant regulations.
- Consumer: The natural or legal person who purchases the Pre-packages for the purpose of consuming, using, or reselling it.
- Inspector: The legal metrology inspector at the Ministry or the authorised entity tasked with the inspection of the containers covered hereby.
- Card: Any writing, printing, or drawings affixed, attached, or engraved on the pre-package, in any manner, used to identify the product or describe it or provide information about it or its components.
- Packaging Material: Any part of the can intended to be discarded after the product has been used or consumed, excluding components that are part of the product. Packaging material is generally used to contain, preserve, handle, protect, transport the product, and carry related information, serving as a supportive material during its use.
- Packages With a Fixed Nominal Value: These are Packages in which the actual quantity of the product inside can be easily adjusted to match the nominal quantity indicated thereon.
- Packages With a Variable Nominal Value: Packages where the actual quantity of the product inside cannot be easily adjusted to match the nominal quantity, such as Packages of chicken, fish, certain fruits, and others.
- Quantity: The weight, volume, length, area, or number of units of the product in a single package.
- Nominal Quantity: The quantity indicated on the product label inside the Pre-packages, which is believed to be contained without the packaging material. In the case of products preserved in a liquid medium, the nominal quantity also excludes the liquid medium to be disposed of.
- Actual Quantity: It is the quantity of the product inside the Package, excluding the packaging material.
- Liquid Medium: Water or aqueous solutions of salt or brine, or aqueous solutions of food acids, vinegar, or aqueous solutions of sugar, or aqueous solutions of other sweetening agents, or fruit and vegetable juices, which may be in a mixture when gradually frozen or rapidly frozen, where the liquid is an adjunct to the essential components of the preparation and not a decisive factor for the purchasing process.
- Inspection Batch: The quantity of Pre-packages that have the same nominal quantity, type, batch number, manufacturer or packer, and packing location, and are subject to testing or inspection.
- Number of Samples: The number of Pre-packages randomly selected from the homogeneous batch subject to inspection for the purpose of examining and determining the compliance of the inspection batch with the mandatory requirements specified herein.
- Sampling: The process of selecting a sample from Pre-packages randomly, where all samples have the same probability of being chosen.
- Minimum Allowed Product: It is the nominal quantity minus the permissible shortage of the product within a single package.
- Deficient Package: Any package in which the actual quantity is less than the minimum allowed content.
- Allowed Deficiency in the Nominal Quantity per Single Package (T1): The permissible amount of deficiency in the actual quantity compared to the nominal quantity for the package.
- Misleading Package: A Package that is manufactured, shaped, displayed, labelled, or filled in a way that may mislead the consumer in determining the actual quantity inside, and which contains an exaggerated non-functional void. This applies to Pre-packages where the consumer cannot clearly see the product inside.
- Non-Destructive Tests: Tests conducted on Pre-packages without opening the package or damaging the packaging.
- Destructive Tests: Tests conducted on Pre-packages that result in opening the can or damaging the packaging.
- Slack-Fill: The difference between the actual capacity of the container and the volume of the product contained therein.
- Ineffective Slack-Fill: The void space in Pre-packages when they are filled to less than their capacity without any justification.
- Conformity Mark: A distinctive mark placed on the pre-package to indicate that the inspection batch complies with all the requirements outlined herein and in the relevant legislations.
- Longitudinal Weight: The method of expressing the nominal quantity in which the weight per length unit is determined, using the approved units of measurement for weight and length.
(Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this Cabinet Resolution include:
- Suppliers must ensure that pre-packages comply with the metrological requirements for labeling, measurement units, and verification of the actual quantity. This includes requirements for the content, format, and placement of the label, as well as the use of approved legal measurement units. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 4)
- Suppliers must ensure the average actual quantity of the products in an inspection batch is not less than the nominal quantity, and the number of deficient packages does not exceed specified limits. Criteria for rejection and acceptance are provided. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 4)
- Suppliers may be required to remove, add, or modify information on the label to ensure better consumer protection and eliminate any confusion. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 4)
- Pre-packages may bear their own conformity mark, provided they meet the mandatory requirements for this mark. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 4)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements for suppliers of pre-packages. It focuses on the technical requirements for the quantity and labeling of pre-packages rather than any administrative processes.
What rights and protections does this law provide?
The key rights and protections provided by this Cabinet Resolution are:
- It aims to protect consumer rights by ensuring the quantity of product in pre-packages is accurately represented. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 2)
- It enhances the quality and competitiveness of products in national factories by setting standards for both imported and locally manufactured pre-packages. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 2)
- It empowers the Ministry of Industry and Advanced Technology and authorized entities to enforce the requirements and take action against non-compliant pre-packages. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 6-7)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Cabinet Resolution are:
- The Ministry of Industry and Advanced Technology is responsible for overseeing implementation of the resolution and issuing any necessary executive resolutions. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 8)
- Authorized entities, whether federal, local or private, that are officially authorized by the Ministry can carry out tasks and powers stipulated in the provisions of this resolution. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 1)
- Legal metrology inspectors at the Ministry or authorized entities are tasked with inspecting the containers covered by this resolution. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 1)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the requirements outlined in this Cabinet Resolution.
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or other financial provisions related to the requirements for pre-packages.
What exemptions or exceptions apply?
The resolution provides the following exemptions from its scope:
- Pre-packages used for specialized professional purposes only and sold exclusively to professionals.
- Pre-packages designated for military purposes.
- Pre-packages designated for educational purposes.
- Pre-packaged pharmaceutical and medicinal containers.
- Any products excluded by a resolution of the Minister. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Art. 3)
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms or procedures under this Cabinet Resolution.
What are the key deadlines and time limits?
The legislation does not specify any deadlines or time limits for compliance with the requirements outlined in this Cabinet Resolution.
How does this law interact with other UAE legislation?
This Cabinet Resolution is related to the following UAE legislation:
- Federal Decree-Law No. (20) of 2020 concerning Specifications and Standards.
- Cabinet Resolution No. (64) of 2022 concerning the National Measurement System.
- Cabinet Resolution No. (85) of 2023 concerning the Technical Regulations for Legal Measurements Units. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024, Preamble)
When did this law come into effect?
This Cabinet Resolution No. (83) of 2024 on the Technical Regulations for the Control of the Quantity of Product in Pre-packages came into effect on 27 Jan 2025, as stated in the "Effective Date" section. (Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages, 2024)
Source Documents
This article analyses Cabinet Resolution On the Technical Regulations for the Control of the Quantity of Product in Pre-packages 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.