Legislation Details
- Full Title: Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants
- Law Type: Federal Law
- Law Number: 38 of 1992
- Issued Date: 28 Sep 1992
- Effective Date: 12 Oct 1992
- Official Gazette: No. 243
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 24
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates the establishment and operation of plant nurseries in the UAE, as well as the production, importation, and handling of nursery plants. The law aims to control and organize the nursery industry to ensure the quality and health of plants grown and traded in the country. It establishes licensing requirements, inspection procedures, and penalties for non-compliance. The law is important for businesses involved in the nursery and horticulture sectors, as well as consumers who purchase plants, as it helps maintain standards and prevent the spread of plant diseases and pests. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992)
What is the scope and purpose of this law?
The law applies to all plant nurseries, as well as the production, importation, and handling of nursery plants, within the UAE. Its purpose is to regulate and organize these activities to ensure the quality and health of plants grown and traded in the country. The law grants the Ministry of Agriculture and Fisheries the authority to set the rules and requirements for establishing nurseries, producing and importing plants, and selling nursery products. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- Country: The United Arab Emirates
- The Ministry: The Ministry of Agriculture and Fisheries
- The Minister: The Minister of Agriculture and Fisheries
- The Deputy Minister: The Deputy Minister of Agriculture and Fisheries
- The Competent Management: The Agricultural Affairs Sector or any organizational unit derived therefrom
- The Competent Authority: The authority responsible for regulating the establishment of nurseries, production, importation, and handling of seedlings in each Emirate
- Seedlings: Plants produced in a nursery by any propagation method and grown to a suitable size for permanent planting
- Nursery: An area allocated for producing seedlings of vegetables, fruits, trees, indoor or ornamental plants until they reach a suitable size for permanent cultivation
- Trade Nursery: A location allocated for the propagation and growing of seedlings
(Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Nursery owners must follow regulations for propagation, grafting, and preserving plant species and varieties, and maintain proper records. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 2(1)) 2. Procedures must be followed for inspecting seedlings, evaluating their fitness, and handling non-compliant plant species and varieties. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 2(2-3)) 3. Nurseries and sales centers must comply with the provisions of the law and any implementing regulations. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 2(4))
What licensing, registration, or approval requirements exist?
The law requires prior approval from the competent authority to establish any kind of nursery, sales center, or engage in the production, importation, or transportation of seedlings, except for: 1. Seedlings produced by universities and research centers for scientific purposes, provided they are not circulated in the market. 2. Imported seedlings for re-export, provided they do not enter the country's markets and are moved between terminals under coordination with customs and agricultural quarantine authorities. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 3)
Which authorities or bodies are responsible for enforcement?
The law grants the following authorities and bodies responsibilities for enforcement: 1. The Ministry of Agriculture and Fisheries, through the Minister, is responsible for issuing regulations and rules to implement the law's provisions. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 10) 2. The competent authority in each Emirate is responsible for regulating the establishment of nurseries and the production, importation, and handling of seedlings. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 2, 3) 3. Employees appointed by a ministerial decree issued by the Minister of Justice, in coordination with the Minister of Agriculture and Fisheries, are granted the powers of judicial inspection and detection to implement the law's provisions. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 7)
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. A fine of not less than AED 5,000 and not exceeding AED 50,000, in addition to the confiscation of any materials involved in the violation. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 8)
How does this law interact with other UAE legislation?
The law repeals Federal Law No. 2 of 1974 concerning the regulation of importing seedlings and agricultural seeds. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 11)
When did this law come into effect?
This law was published in the Official Gazette and came into effect on the date of its publication, which was 12 October 1992. (Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants, 1992, Art. 12)
Source Documents
This article analyses Federal Law Concerning Plant Nurseries and Organizing, Producing, Importing and Handling Nursery-Plants 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.