Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products
- Law Type: Cabinet Resolution
- Law Number: 29 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: 25
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the UAE System for Control of Milk and Dairy Products. It regulates the import, manufacturing, and sale of milk and dairy products in the UAE, with the aim of ensuring their conformity to mandatory technical standards. The Resolution imposes obligations on suppliers, such as obtaining a Certificate of Conformity and the Emirates Quality Mark, and empowers authorities to conduct market surveillance and take enforcement actions against non-compliant products. The law is significant for businesses involved in the milk and dairy industry, as well as consumers, as it helps guarantee the safety and quality of these products in the UAE market. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 1-12)
What is the scope and purpose of this law?
The provisions of this Resolution apply to all milk and dairy products whose standard specifications are listed in the attached Schedule. The law aims to regulate the import, manufacturing, and sale of these products in the UAE to ensure their conformity with mandatory technical standards. It establishes the responsibilities of suppliers, the conformity assessment requirements, and the authorities responsible for market surveillance and enforcement. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- Authority: The Emirates Authority for Standardization and Metrology
- Competent Authority: The federal or local authority concerned with the implementation of the provisions of this Resolution
- Mandatory Standard Specification: The approved standard specification whose application shall be mandatory by virtue of a Cabinet Resolution
- Milk: The natural secretion of the mammary glands in the udder obtained from one or more milking animals
- Dairy Products: Products obtained from milk manufacturing processes
- Conformity Assessment: Any activity used to verify that the product meets the relevant technical requirements
- Supplier: The manufacturer, importer, or any other party responsible for the product
(Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 1)
What are the main obligations and requirements?
The key obligations imposed by this Resolution on suppliers include: 1. Conducting their activity through a registered and licensed company or sole proprietorship. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(1)) 2. Obtaining a Certificate of Conformity for the product before placing it on the market, in accordance with the Emirates Conformity Assessment System (ECAS). (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(2)) 3. Obtaining the Emirates Quality Mark (EQM) in accordance with the procedures approved by the Authority. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(3)) 4. Ensuring the continued conformity of the product that has obtained a Certificate of Conformity. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(4)) 5. Cooperating with the Authority and Competent Authorities, including providing documents and certificates upon request. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(6-7))
What licensing, registration, or approval requirements exist?
The Resolution requires suppliers to conduct their activity through a registered and licensed company or sole proprietorship in accordance with the relevant legislation. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(1)) Additionally, suppliers must obtain a Certificate of Conformity for the product before placing it on the market, in accordance with the Emirates Conformity Assessment System (ECAS). (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(2)) Suppliers must also obtain the Emirates Quality Mark (EQM) in accordance with the procedures approved by the Authority. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 3(3))
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for the implementation and enforcement of this Resolution are: 1. The Emirates Authority for Standardization and Metrology (the Authority): The Authority is responsible for undertaking the necessary procedures to implement the provisions of this Resolution, and it may delegate some of its powers to the Competent Authority. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 7(2)) 2. The Competent Authority: The federal or local authority concerned with the implementation of the provisions of this Resolution. The Competent Authority works together with the Authority in conducting market surveillance and control activities. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 1, 6)
What rights and protections does this law provide?
The Resolution provides the following rights and protections: 1. If the Authority declines to grant the product a Certificate of Conformity, the supplier has the right to file a grievance or objection to the Authority within 60 days from the date of being notified of the decision. The decision issued regarding the grievance or objection shall be final. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 7(5)) 2. The supplier may submit a new application for obtaining a Certificate of Conformity, provided that the corrective actions and required amendments are implemented according to the Authority's decision issued in response to their grievance or objection. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 7(6))
What are the penalties for non-compliance?
The Resolution does not specify any penalty provisions.
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or financial provisions.
What exemptions or exceptions apply?
The following products are exempted from the provisions of this Resolution: a. Products intended for special medical uses, or for infants and children, such as infant formula, follow-up formula, growth milk, complementary foods for children, and infant formula for special medical uses. b. Products similar to milk and dairy products, or of non-dairy source, such as certain types of Ices mentioned in the UAE Standard Specification No. UAE.S/GSO 457: Edible Ices. c. Meals prepared by restaurants and small traditional kitchens or those manufactured with specific recipes, such as Iranian yogurt, which are subject to control by the Competent Authorities. d. Ingredients intended for use as primary raw materials in food manufacturing process and imported for licensed industrial establishments. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 2(2))
How are disputes resolved under this law?
The Resolution provides the following dispute resolution mechanism: If the Authority declines to grant the product a Certificate of Conformity, the supplier has the right to file a grievance or objection to the Authority within 60 days from the date of being notified of the decision. The decision issued regarding the grievance or objection shall be final. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 7(5))
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. Suppliers have the right to file a grievance or objection to the Authority within 60 days from the date of being notified of the decision to decline granting a Certificate of Conformity. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Art. 7(5)) The Resolution does not specify any other deadlines or time limits.
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: - Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers - Federal Law No. (1) of 1979 Regarding the Regulation of Industry Affairs - Federal Law No. (6) of 1979 Regarding Veterinary Quarantine - Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology - Federal Law No. (24) of 2006 Regarding Consumer Protection - Federal Law No. (8) of 2013 Regarding the Prevention and Control of Transmissible and Epidemic Animal Diseases - Federal Law No. (10) of 2015 Regarding Food Safety - Federal Law No. (14) of 2016 Regarding Administrative Violations and Penalties in the Federal Government - Federal Law No. (19) of 2016 Regarding Combating Commercial Fraud - Cabinet Resolution No. (31) of 2006 Regarding the National Measurement System - Cabinet Resolution No. (6) of 2012 Regarding the UAE System for Certification of Organic Food Inputs and Products - Cabinet Resolution No. (10) of 2014 Regarding the UAE System for Control of Halal Products - Cabinet Resolution No. (20) of 2015 Regarding the UAE System for Control of Food Contact Materials - Cabinet Resolution No. (35) of 2015 Regarding the UAE System of Control on Conformity Assessment Bodies (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 1 June 2018, as stated in the Effective Date. (Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy Products, 2018, Effective Date)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE System for Control of Milk and Dairy 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.