Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products
- Law Type: Cabinet Resolution
- Law Number: 30 of 2018
- Issued Date: 22 May 2018
- Effective Date: 01 Jun 2018
- Official Gazette: No. 631
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 30
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the control and conformity requirements for juice and beverage products in the UAE. It establishes the responsibilities of suppliers, technical standards, conformity assessment procedures, and enforcement powers of the authorities. The Resolution aims to ensure the safety, quality, and compliance of juice and beverage products offered in the UAE market, protecting consumer interests. It is an important piece of legislation for businesses involved in the production, import, distribution, and sale of these products in the UAE. (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018)
What is the scope and purpose of this law?
The provisions of this Resolution apply to all juice and beverage products specified in the attached Schedule. However, products intended for export are excluded from its scope. (Art. 2) The purpose is to regulate the control and conformity requirements for these products in the UAE market, ensuring they meet the approved technical standards and safety requirements. (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- The State (UAE): The United Arab Emirates
- ESMA: The Emirates Authority for Standardization and Metrology
- The Board: The Board of Directors of ESMA
- The Director General: The Director General of ESMA
- The Competent Authority: The federal or local authority in charge of applying the provisions of this Resolution
- The Standard: A document setting out the characteristics, description, properties, quality, dimensions, standards or requirements for safety and security of materials, goods, services or anything subject to measurement
- The Approved Standard: The standards approved by ESMA and referred to as the Standard of the United Arab Emirates or (UAE.S)
- The Emirates Conformity Assessment Scheme (ECAS): The scheme issued by the Board responsible for verifying product conformity
- Conformity Assessment Form (ECAS - B): A form describing the conformity assessment procedure
- Certificate of Conformity (COC): A certificate issued by ESMA confirming product conformity
- Conformity Assessment Body: A body registered, accredited or approved by ESMA to conduct conformity assessments
- UAE Trademark: A badge created by ESMA indicating conformity to the Approved Standard
- The Supplier: The manufacturer, filler, processor, importer, storer or distributor responsible for the product
- Consumer: Any person who acquires goods or services to satisfy personal needs
- Product: Any juice or beverage product set out in the attached Schedule
- The Supply Chain: All processes the product goes through from production to the end consumer
- Offering: Any activity to sell, exhibit, trade, market, promote or introduce the product to consumers
(Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 1)
What are the main obligations and requirements?
The key obligations imposed by this Resolution on suppliers include: 1. Carrying on business through a registered and licensed company or sole proprietorship (Art. 3(1)) 2. Obtaining a Certificate of Conformity for the product before offering it for sale (Art. 3(2)) 3. Obtaining the UAE Trademark for the product (Art. 3(3)) 4. Ensuring the product meets the technical requirements of the Approved Standards (Art. 3(4), Art. 4) 5. Applying effective food safety systems in the factory (Art. 3(5)) 6. Cooperating with ESMA and competent authorities, providing required documents (Art. 3(6), Art. 3(10)) 7. Retaining product integrity reports for at least 10 years (Art. 3(7)) 8. Complying with the conformity verification procedures (Art. 3(9)) (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 3)
What licensing, registration, or approval requirements exist?
The Resolution requires suppliers to carry on their business through a company or sole proprietorship that is duly registered and licensed in accordance with relevant legislation. (Art. 3(1)) Additionally, suppliers must obtain a Certificate of Conformity from ESMA for each product before offering it for sale in the UAE market. (Art. 3(2)) The supplier must also obtain the UAE Trademark for the product according to ESMA's adopted procedures. (Art. 3(3)) (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 3)
What rights and protections does this law provide?
The Resolution does not explicitly outline any specific rights or protections granted to individuals, workers, businesses, or other parties. The focus is on establishing the obligations and requirements for suppliers of juice and beverage products in the UAE. (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. ESMA: Responsible for receiving and examining applications for product registration and Certificates of Conformity. ESMA may also authorize or appoint conformity assessment bodies. (Art. 9(2)) 2. The Competent Authority in each Emirate: Responsible for implementing control and inspection procedures to ensure compliance with the Resolution's requirements. (Art. 9(3)) 3. The Board of Directors of ESMA: May amend the Approved Standards or adopt new standards as required. (Art. 9(6)) 4. The Director General of ESMA: Responsible for making appropriate decisions on cases or disputes that cannot be handled under the provisions of the Resolution. (Art. 9(7)) (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 9)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It states that without prejudice to any penalty or measure stipulated in the Federal Law No. (28) Establishing the Emirates Authority for Standardization and Metrology, as amended, and other relevant legislation, ESMA or the competent authority may impose one or more of the following administrative penalties for violations of Articles 3, 4, and 5: a. Coordinate with the licensing authority to revoke the trade license of the responsible supplier b. Charge the violator for the costs and expenses of removing and remedying the damage resulting from the violation (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 11)
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or financial provisions related to the conformity assessment, certification, or other processes under this law. (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018)
What exemptions or exceptions apply?
The only exemption specified in the Resolution is that products intended for export are excluded from the provisions of this law. (Art. 2(2)) (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 2)
How are disputes resolved under this law?
The Resolution states that if any case arises that cannot be handled under its provisions, or if any dispute arises in connection with the interpretation or application of the Resolution, the matter shall be referred to the Director General of ESMA to make the appropriate decision. (Art. 9(7)) However, the Resolution does not provide further details on the dispute resolution mechanisms. (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 9)
What are the key deadlines and time limits?
The only deadline specified in the Resolution is a transitional provision granting suppliers who were offering products in the market before the Resolution was published a time limit of not more than one calendar year from the date of publication in the Official Gazette to reconcile the status of such products in accordance with the Resolution's provisions. (Art. 10) (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018, Art. 10)
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: - Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers, as amended - Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, as amended - Federal Law No. (24) of 2006 on Consumer Protection, as amended - Federal Law No. (14) of 2016 on the Administrative Violations and Penalties in the Federal Government - Cabinet Resolution No. (35) of 2015 on the UAE Regulations for Control of Conformity Assessment Bodies (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018)
When did this law come into effect?
This Cabinet Resolution came into effect on 1 June 2018, the date specified as the Effective Date. It was published in the Official Gazette No. 631 on 31 May 2018. The Resolution does not contain any transitional provisions beyond the one-year grace period for suppliers to reconcile the status of products offered before the Resolution was published. (Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products, 2018)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Regulations for The Control on Juice and Beverage Products 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.