Legislation Details
- Full Title: Federal Law Regarding Pesticides
- Law Type: Federal Law
- Law Number: [10] of 2020
- Issued Date: 28 May 2020
- Effective Date: 01 Jun 2020
- Official Gazette: No. 679
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 29
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law regulates the use, import, and circulation of pesticides in the United Arab Emirates. Its primary purpose is to ensure a high level of protection for human and animal health, as well as environmental safety, by organizing the processes of registration, importation, re-exportation, circulation, use, advertising, control, and inspection of pesticides. The law also aims to ensure the sound treatment and safe disposal of expired pesticides and their containers. (Federal Law Regarding Pesticides, 2020, Art. 2) The law is significant for businesses and individuals in the UAE as it establishes a comprehensive framework for the management of pesticides, including licensing requirements, prohibited actions, and penalties for non-compliance. This ensures the safe and responsible use of pesticides, which is crucial for public health, agricultural productivity, and environmental protection. (Federal Law Regarding Pesticides, 2020, Art. 1-29)
What is the scope and purpose of this law?
The scope of this law applies to agricultural pesticides, public health pesticides, active pesticide substances, and pesticide additives, whether they are composed of chemical, biological, or organic substances. The law exempts pesticides imported by universities, research centers, and facilities for exhibitions, provided that they are not circulated in the UAE, as well as pesticides arriving at UAE ports for transit. The law is applicable within the territory of the UAE, including the free zones. (Federal Law Regarding Pesticides, 2020, Art. 3) The primary objectives of this law are to: 1) Ensure a high level of protection for human and animal health and environmental safety; 2) Ensure sound treatment and safe disposal of expired pesticides and their containers; and 3) Organize the processes of registration, importation, re-exportation, circulation, use, advertising, control, and inspection of pesticides. (Federal Law Regarding Pesticides, 2020, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Establishment: Emirates Drug Establishment
- Chairman: Chairman of the Establishment
- Competent Authority: Local Authority having competence for regulating the circulation of pesticides in each Emirate of the State
- Pest: A species, strain or biotype of plant or animal, pathogenic agent that is harmful to plants, animals, plant or animal products, substances or environments, including parasites vectors, pathogens that affect humans or animals
- Pesticides: Any chemical, biological or organic substance or mix of substances that contain the active substance and the additive in order to prevent, repel, limit the spread of pests, control or regulate its growth
- Registration: The Establishment's process of entering the pesticide name into a dedicated database, making it available for import, re-export, or circulation after conducting a comprehensive scientific data assessment
- Facility: A company or enterprise licensed by the Establishment or the competent authority to register, import or re-export and circulate pesticides
(Federal Law Regarding Pesticides, 2020, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law include: 1. The Establishment must develop a national plan for the safe use of pesticides, issue approvals or permits for the import, clearance, re-export and registration of pesticides, and set the maximum levels of pesticide residues allowed in food products and animal feed. (Federal Law Regarding Pesticides, 2020, Art. 4) 2. The competent authority must follow up on the implementation of the law, license facilities working in the field of pesticides, establish regulations for training personnel, license pesticides warehouses, monitor and inspect licensed facilities, and dispose of damaged, adulterated and counterfeit pesticides. (Federal Law Regarding Pesticides, 2020, Art. 5) 3. It is prohibited to manufacture or produce any kind of pesticides in the UAE, import, re-export or circulate unregistered pesticides, import or re-export pesticides through postal parcels or accompanied by importers or travelers, and engage in various other activities related to the handling and use of pesticides. (Federal Law Regarding Pesticides, 2020, Art. 6)
What licensing, registration, or approval requirements exist?
The law requires the following licensing and registration requirements: 1. The Establishment must issue approvals or permits for the import, clearance, re-export and registration of pesticides. (Federal Law Regarding Pesticides, 2020, Art. 4(2)) 2. The competent authority must license the facilities working in the field of pesticides after the approval of the Establishment. (Federal Law Regarding Pesticides, 2020, Art. 5(2)) 3. The competent authority must license pesticides warehouses. (Federal Law Regarding Pesticides, 2020, Art. 5(4)) 4. The competent authority must grant permits to advertise any pesticide or the activity of pest control. (Federal Law Regarding Pesticides, 2020, Art. 5(7))
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: a. Violations of Articles 6(1), 6(2), 6(3), 6(4), and 6(10) are punishable by imprisonment for a period of not less than 3 months and a fine of not less than AED 100,000 and not exceeding AED 1,000,000, or either of these two penalties. (Federal Law Regarding Pesticides, 2020, Art. 7(b)) b. Violations of Articles 6(5), 6(6), 6(7), 6(8), 6(9), 6(11), and 6(17) are punishable by imprisonment for a period not exceeding 1 year and a fine of not less than AED 50,000 and not exceeding AED 500,000, or either of these two penalties. (Federal Law Regarding Pesticides, 2020, Art. 7(c)) c. Violations of Articles 6(12), 6(13), 6(14), 6(15), 6(16), and 6(18) are punishable by a fine of not less than AED 30,000 and not exceeding AED 100,000. (Federal Law Regarding Pesticides, 2020, Art. 7(d)) d. Violations of any other provision of the law or its executive resolutions, for which no specific penalty is provided, are punishable by a fine of not less than AED 10,000 and not exceeding AED 50,000. (Federal Law Regarding Pesticides, 2020, Art. 7(e))
When did this law come into effect?
This Federal Law Regarding Pesticides came into effect on 01 June 2020, as stated in the Effective Date provision. (Federal Law Regarding Pesticides, 2020, Art. 13)
How does this law interact with other UAE legislation?
This law is related to and interacts with the following UAE federal legislation: - Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended - Federal Law No. (5) of 1979 Regarding Agricultural Quarantine, as amended - Federal Law No. (3) of 1987 Promulgating the Penal Code, as amended - Federal Law No. (35) of 1992 Promulgating the Criminal Procedures Laws, as amended - Federal Law No. (41) of 1992 Regarding Agricultural Pesticides - Federal Law No. (24) of 1999 Regarding the Protection and Development of the Environment, as amended - Federal Law No. (5) of 2009 Regarding Organic Inputs and Products - Federal Law No. (2) of 2015 Regarding Commercial Companies, as amended - Federal Law No. (19) of 2016 Regarding Combating Commercial Fraud - Federal Law No. (12) of 2018 Regarding Integrated Waste Management (Federal Law Regarding Pesticides, 2020, Preamble)
Source Documents
This article analyses Federal Law Regarding Pesticides 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.