Legislation Details
- Full Title: Federal Law on Product Safety
- Law Type: Federal Law
- Law Number: [10] of 2018
- Issued Date: 18 Dec 2018
- Effective Date: 30 Jun 2019
- Official Gazette: No. 644
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 46
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law on Product Safety regulates the introduction of products into the UAE market, with the aim of ensuring the safety of products for consumers. It defines the requirements for a "safe product", imposes obligations on suppliers, and empowers authorities to prevent the entry of unsafe products and recall or withdraw them from the market. The law is significant for businesses and individuals in the UAE, as it establishes a comprehensive legal framework to protect consumer health and safety, while also facilitating trade and investment by promoting confidence in UAE markets. (Federal Law on Product Safety, 2018, Art. 1-2)
What is the scope and purpose of this law?
The Federal Law on Product Safety applies to all products introduced into the UAE, including free zones, with some exceptions such as human and veterinary medicines, and used products undergoing repair or reconditioning. The law aims to: (1) ensure the safety of products in the UAE market through a legislative framework aligned with international standards and practices; (2) define the requirements for safe products and the responsibilities for controlling the trade of locally manufactured and imported products; (3) support and protect the UAE's economy, security, and environment from unsafe products; and (4) facilitate commercial activity and promote investment by increasing confidence in UAE markets. (Federal Law on Product Safety, 2018, Art. 3-4)
What are the key definitions under this law?
The law provides the following key definitions:
- Product: Every product in its final form intended for consumer use or utilization, including new, used operable, and reconditioned products. (Federal Law on Product Safety, 2018, Art. 1)
- Safe Product: A product that complies with relevant laws, resolutions, technical regulations, and approved standards, or has an accepted risk assessment report. (Federal Law on Product Safety, 2018, Art. 4)
- Unsafe Product: A product that lacks the conditions of safety as defined in the law. (Federal Law on Product Safety, 2018, Art. 1)
- Supplier: The manufacturer, manufacturer's agent, importer, or any professional in the supply chain whose activity impacts product safety. (Federal Law on Product Safety, 2018, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations on suppliers: 1. Not to introduce unsafe products into the UAE market. (Federal Law on Product Safety, 2018, Art. 6) 2. Ensure the product remains safe during normal and repetitive use. (Federal Law on Product Safety, 2018, Art. 6) 3. Take necessary precautionary and remedial measures if a product becomes unsafe due to normal use. (Federal Law on Product Safety, 2018, Art. 6)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for suppliers or products. However, it does require suppliers to submit a risk assessment report to the Ministry if the product does not comply with relevant laws, resolutions, technical regulations, or approved standards. The Ministry must review and accept this report before the product can be introduced into the UAE market. (Federal Law on Product Safety, 2018, Art. 4)
What rights and protections does this law provide?
The law provides the following rights and protections: 1. Suppliers have the right to file a grievance against resolutions issued regarding their products being deemed unsafe, within 10 working days of notification. The Ministry must decide on the grievance within 10 working days. (Federal Law on Product Safety, 2018, Art. 7) 2. Consumers are protected from the introduction of unsafe products into the UAE market, as the law empowers authorities to prevent the entry of such products and requires suppliers to take remedial measures. (Federal Law on Product Safety, 2018, Art. 5-6)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this law are: 1. The Ministry of Industry and Advanced Technology, which is responsible for market control, product withdrawal and recall, and issuing the executive regulations. (Federal Law on Product Safety, 2018, Art. 15, 17) 2. The Federal Customs Authority and local customs departments, which are responsible for preventing the entry of unsafe products into the UAE. (Federal Law on Product Safety, 2018, Art. 5) 3. Judicial officers, who are empowered to enforce the law and issue penalties. (Federal Law on Product Safety, 2018, Art. 18)
What are the penalties for non-compliance?
The law prescribes the following penalties: 1. Imprisonment and/or a fine of AED 500,000 to AED 3,000,000 for: - Introducing a product that does not meet safe product requirements. - Continuing to introduce a product after a withdrawal or recall decision. - Introducing a product that has been seized pending safety verification. (Federal Law on Product Safety, 2018, Art. 8) 2. Imprisonment and/or a fine of AED 100,000 to AED 1,000,000 for: - Introducing a product without submitting a risk assessment report or before it is accepted by the Ministry. - Refusing to cooperate with the authorities to address unsafe product risks. - Not taking actions to monitor product safety while on the market. - Not implementing a product withdrawal or recall decision. (Federal Law on Product Safety, 2018, Art. 9) 3. A fine not exceeding AED 100,000 for any other violation of the law or its implementing resolutions. (Federal Law on Product Safety, 2018, Art. 10)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or other financial provisions.
What exemptions or exceptions apply?
The law does not apply to the following products: 1. Human and veterinary medicines, vaccines, and serums. 2. Commodities imported as artifacts. 3. Used products that need repairing, reconditioning, or adjustment before being introduced into the UAE. (Federal Law on Product Safety, 2018, Art. 3)
How are disputes resolved under this law?
The law provides the following dispute resolution mechanisms: 1. Suppliers can file a grievance with the Ministry against resolutions regarding their products being deemed unsafe, within 10 working days of notification. The Ministry must decide on the grievance within 10 working days. (Federal Law on Product Safety, 2018, Art. 7) 2. Criminal actions for violations can only be instituted upon a written request from the Ministry. Reconciliation is possible before referral to the court, in exchange for payment of half the prescribed fine. (Federal Law on Product Safety, 2018, Art. 14)
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits: 1. Suppliers must file a grievance with the Ministry within 10 working days of being notified of a resolution regarding their products. (Federal Law on Product Safety, 2018, Art. 7) 2. The Ministry must decide on a grievance within 10 working days of receiving it. (Federal Law on Product Safety, 2018, Art. 7)
How does this law interact with other UAE legislation?
The law references and interacts with the following other UAE federal legislation: 1. Federal Law No. (1) of 1979 Regulating Industry Affairs 2. Federal Law No. (18) of 1981 Regulating Commercial Agencies 3. Federal Law No. (35) of 1992 Enacting the Law of Criminal Procedure 4. Federal Law No. (37) of 1992 on Trademarks 5. Federal Law No. (18) of 1993 Enacting the Law of Commercial Transactions 6. Federal Law No. (24) of 1999 on the Protection and Development of Environment 7. Federal Law No. (28) of 2001 on the Establishment of Ministry of Industry and Advanced Technology 8. Federal Law No. (8) of 2004 on Financial Free Zones 9. Federal Law No. (1) of 2006 on Electronic Transactions and Commerce 10. Federal Law No. (24) of 2006 on the Consumer Protection 11. Federal Law No. (5) of 2009 on Organic Inputs and Products 12. Federal Law No. (15) of 2009 on Tobacco Control 13. Federal Law No. (2) of 2015 on Commercial Companies 14. Federal Law No. (8) of 2015 on the Federal Customs Ministry 15. Federal Law No. (10) of 2015 on Food Safety 16. Federal Law No. (11) of 2015 on the Control over Trading in, and Hallmarking Precious Gemstones and Metals 17. Federal Law No. (14) of 2016 on Infractions and Administrative Penalties in the Federal Government 18. Federal Law No. (19) of 2016 on Combating Commercial Fraud (Federal Law on Product Safety, 2018, Preamble)
When did this law come into effect?
The Federal Law on Product Safety was issued on 18 December 2018 and came into effect on 30 June 2019. It was published in Official Gazette No. 644. (Federal Law on Product Safety, 2018, Preamble, Art. 21)
Source Documents
This article analyses Federal Law on Product Safety 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.