Legislation Details
- Full Title: Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives
- Law Type: Cabinet Resolution
- Law Number: No. (98) of 2023
- Issued Date: 10 Oct 2023
- Effective Date: 14 Oct 2023
- Official Gazette: No. 761
- Sector: Healthcare
- Status: Active
- Number of Articles: 31
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the licensing of tobacco cultivation and manufacturing of tobacco products and derivatives in the United Arab Emirates, including the free zones. It sets out the requirements, obligations, and responsibilities for those engaged in the tobacco industry, from farmers to manufacturers. The Resolution aims to ensure proper oversight, control, and compliance with health and environmental standards in the tobacco sector. It is an important piece of legislation for businesses and individuals involved in the cultivation, production, and trade of tobacco and related products in the UAE. (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to anyone who obtains or desires to obtain agricultural and industrial licenses for tobacco and its products and derivatives in the UAE, including the free zones. (Art. 2) The purpose is to regulate the licensing of tobacco cultivation and manufacturing of tobacco products and derivatives in the country, ensuring compliance with health, safety, and environmental standards. (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates
- Competent Authorities: The federal and local government authorities responsible for implementing the provisions of this Resolution
- Licensing Authority: The local authority or the free zone authority competent to issue agricultural or industrial licenses for tobacco and its products
- Approved Standard Specifications: The standards approved by the Ministry of Industry and Advanced Technology, referred to as UAE Standard Specifications (UAE.S)
- Conformity Certificate: A certificate issued by the Ministry of Industry and Advanced Technology confirming the product's conformity with the approved standard specifications
- Tobacco: Tobacco plant of all types, varieties, and its parts including roots, stems, leaves, fruits, and green or dried seeds
- Tobacco Products/Derivatives: Products that consist totally or partially of tobacco leaves as raw material, in any form
- Product: The product that is fully or partially made from tobacco leaves, manufactured for smoking or use in electronic alternatives
- Supplier: Every person whose activity impacts tobacco, its products and derivatives, including manufacturers, importers, carriers, and distributors
- Farmer: Every natural or legal person who holds a license to cultivate tobacco
- Manufacturer: Every natural or legal person who holds a license to manufacture tobacco products or derivatives
(Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Art. 1)
What are the main obligations and requirements?
The Resolution imposes several key obligations on tobacco farmers and manufacturers: Farmers must: 1. Keep detailed records of their cultivation activities, including area, production, sales, and waste quantities (Art. 4(1)) 2. Fulfill requirements for importing tobacco seeds and seedlings (Art. 4(2)) 3. Keep records of suppliers and sales outlets (Art. 4(3), 4(4)) 4. Obtain approval before transporting unprocessed tobacco (Art. 4(5)) 5. Use accurate scales and calibers (Art. 4(6)) 6. Sell tobacco only through licensed suppliers (Art. 4(7)) 7. Comply with health and safety requirements for workers (Art. 4(11)) Manufacturers must: 1. Ensure tobacco consignments are accompanied by proper documentation (Art. 6(1)) 2. Keep records of tobacco quantities and production (Art. 6(2), 6(3)) 3. Obtain a Conformity Certificate for their products (Art. 6(4)) 4. Safely dispose of waste and by-products (Art. 6(5)) 5. Comply with health, safety, and environmental requirements (Art. 6(6), 6(7)) (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Arts. 4, 6)
What licensing, registration, or approval requirements exist?
The Resolution sets out the following licensing requirements: For tobacco cultivation: 1. Farmers must apply for an agricultural license from the relevant Emirate's licensing authority (Art. 3(1)) 2. Applicable licensing fees must be paid (Art. 3(2)) 3. Tobacco cultivation areas must be located away from other agricultural lands (Art. 3(3)) For tobacco manufacturing: 1. Manufacturers must apply for an industrial license from the relevant Emirate's licensing authority (Art. 5(1)) 2. Applicable licensing fees must be paid (Art. 5(2)) 3. Manufacturing facilities must be located away from residential areas (Art. 5(3)) (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Arts. 3, 5)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcing this Resolution are: 1. The licensing authority in each Emirate, which must: a. Supervise and inspect farms and industrial facilities (Art. 7(1)(a)) b. Ensure compliance with land use and zoning requirements (Art. 7(1)(b), 7(1)(c)) c. Oversee markets to ensure product conformity (Art. 7(1)(d)) d. Impose administrative penalties for violations (Art. 7(1)(e)) e. Determine and collect licensing fees (Art. 7(1)(f)) f. Notify competent authorities of inspection results (Art. 7(1)(g)) 2. The competent federal and local authorities, each within their jurisdiction, to enforce the provisions of this Resolution (Art. 7(2)) 3. The Ministry of Industry and Advanced Technology, which receives and studies product registration and conformity certificate applications (Art. 7(3)) (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Art. 7)
What are the penalties for non-compliance?
The Resolution states that without prejudice to any severer penalty stipulated in any other legislation, the chairman of the licensing authority may impose any of the penalties stipulated in the attached table, according to the nature of the violation. However, the specific penalties are not provided in the text of the Resolution. (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Art. 8)
How are disputes resolved under this law?
The Resolution provides for an appeal process, where any stakeholder may bring a written appeal to the Chairman of the Licensing Authority against any decision issued under the provisions of this Resolution. The appeal must be submitted within 15 days of being notified of the decision and will be decided within 30 days. (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Art. 9)
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. Stakeholders have 180 days from the effective date to adjust their status to comply with the provisions of this Resolution (Art. 13) 2. Appeals against decisions must be submitted within 15 days of notification (Art. 9) 3. Appeals must be decided within 30 days of submission (Art. 9) (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Arts. 9, 13)
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: 1. The Constitution of the UAE 2. Federal Law No. (1) of 1972, Concerning the Competences of Ministries and Capacities of Ministers, and its amendments 3. Federal Law No. (15) of 2009, On Combating Tobacco, and its amendments The Resolution does not explicitly repeal or amend any other legislation. (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023)
When did this law come into effect?
This Cabinet Resolution was issued on 10 October 2023 and came into effect on 14 October 2023, the day following its publication in the Official Gazette No. 761. (Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives, 2023, Art. 15)
Source Documents
This article analyses Cabinet Resolution Regulating the Licensing of Tobacco Cultivation and Manufacturing Tobacco Products and Derivatives 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.