Legislation Details
- Full Title: Cabinet Resolution Regarding the System of Advertisements for Pesticides
- Law Type: Cabinet Resolution
- Law Number: No. (16) of 2019
- Issued Date: 12 Feb 2019
- Effective Date: 14 May 2019
- Official Gazette: No. 647
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 22
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the system of advertisements for pesticides in the United Arab Emirates. Its purpose is to ensure that pesticide advertisements are not misleading, do not encourage inappropriate or excessive consumption, and do not result in adverse effects on public health or the environment. The Resolution imposes specific requirements and restrictions on the content and approval process for pesticide advertisements, and establishes administrative penalties for non-compliance. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 1-2) The Resolution is significant for businesses and individuals involved in the pesticide industry, as it provides clear guidelines on the legal requirements for advertising pesticides in the UAE. Failure to comply can result in substantial fines, temporary business closures, and revocation of advertising permits, underscoring the importance of understanding and adhering to these regulations. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 8)
What is the scope and purpose of this law?
The Cabinet Resolution aims to regulate pesticide advertisements in the United Arab Emirates. It applies to any electronic, audio, visual, or written communication process that promotes or influences the public to purchase, use, or benefit from a pesticide. The Resolution's key objectives are to: 1) regulate pesticide advertisements, 2) monitor the quality of pesticides in circulation, 3) ensure advertisements are not misleading or encourage inappropriate/excessive consumption, and 4) prevent advertisements from causing adverse effects on public health or the environment. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 1-2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- Ministry: The Ministry of Climate Change and Environment
- Competent Authority: The local authority competent to regulate pesticide advertisements in each Emirate
- Advertisement: Any electronic, audio, visual, or written communication process that includes information, data, or images intended to promote a pesticide or influence the public to purchase, use, or benefit from it
- Pesticide: Any substance or mixture of substances intended to prevent, limit the spread of, or control any pest
- Establishment: Any company or institution licensed to import, trade, circulate, store, and use pesticides
(Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations: 1. It is prohibited to advertise a pesticide or publish an advertisement without obtaining a permit from the Competent Authority. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 3) 2. Pesticide advertisements must meet certain conditions, including being in Arabic (with optional additional languages), including safety instructions, conforming to the pesticide's specifications, and not containing misleading or unrealistic claims. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 4) 3. It is prohibited to advertise banned, restricted, or unregistered pesticides. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 6) 4. The Competent Authority must maintain a special register of approved advertisement permits and provide a copy to the Ministry. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 7)
What licensing, registration, or approval requirements exist?
Establishments wishing to obtain a permit to advertise a pesticide must submit an application to the Competent Authority for review and verification of compliance with the conditions specified in the Resolution. The advertisement permit is valid for one year or until the expiry of the pesticide's registration certificate, whichever is earlier. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 5)
What are the penalties for non-compliance?
The Resolution establishes the following administrative penalties for violations: 1. A fine of AED 20,000 for advertising a pesticide without a permit or advertising a banned, restricted, or unregistered pesticide. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 8(1)(a)) 2. A fine of AED 15,000 for violating the content requirements for pesticide advertisements specified in Article 4, clauses 3-9. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 8(1)(b)) 3. A fine of AED 10,000 for violating the language and safety instruction requirements in Article 4, clauses 1-2. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 8(1)(c)) 4. The fines may be doubled for repeat violations within one year. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 8(1)(d)) 5. The Ministry or Competent Authority may also impose additional penalties, such as closure of the violating establishment for up to 6 months or revocation of the advertising permit. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 8(2))
When did this law come into effect?
The Cabinet Resolution was published in the Official Gazette and entered into force three months after the date of its publication, which was on 14 May 2019. (Cabinet Resolution Regarding the System of Advertisements for Pesticides, 2019, Art. 10)
Source Documents
This article analyses Cabinet Resolution Regarding the System of Advertisements for Pesticides 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.