قانون حماية المستهلك في الإماراتقانون اتحادي في شأن سلامة المنتجات

Article (1) Definitions For the purpose of applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: State : The United Arab Emirates. Ministry : Emirates Ministry for Standardization and Metrology. Competent Ministry : The entity or local authority concerned with applying the provi- sions of this Law in the State. Customs Authorities : The Federal Customs Ministry and local customs departments in each emirate. Product : Every product in its final form intended for the consumer's use or utilization, even if such use is in the course of providing ser- vices, and such product has been supplied under a paid or un- paid business or professional transaction including new prod- uct, used operable product which are in good condition and re- conditioned product. Safe Product : The product valid to be introduced in the State in the normal or potential conditions of use, including the period of use, installa- tion and maintenance, and such product does not give rise to risks or falls under the minimum risk category, in conformity

-- 2 of 11 --

Federal Law No. (10) of 2018 On Product Safety 3 with the product use; provided that it is acceptable and complies with the maximum protection of health and safety of its users. Unsafe Product : Every product lacking the conditions of safety, pursuant to Arti- cle (4) of this Law. Consumer : Anyone who gets a paid or unpaid commodity or service to meet his personal needs or the needs of others. Supply Chain : All phases which the product goes through following its produc- tion until reaching the consumer, including the operations of importation, storage, wholesale, installment sale, delivery and any other relevant operations. Market Control : Procedures and measures adopted by the Competent Ministry to ensure that the products introduced or to be introduced in the State are safe, pursuant to this Law. Product Withdrawal : Any procedure aiming at preventing the introduction of an un- safe product into the State. Product Recall : Any procedure by which the supplier recalls the unsafe product from the consumer after supplying it to the same. Supplier : Includes the following: 1. Product manufacturer in case of residing in the State, every- one introducing himself as a product manufacturer by nam- ing the product after his name or any relevant commercial description or everyone undertaking the product renewal. 2. Manufacturer's agent in the State in case the manufacturer resides abroad, or the importer in case of having no repre- sentative in the State. 3. Every professional from the supply chain whose activity has an impact on the product safety attributes. Artifact : A commodity that has an incorporeal, material or historical val- ue and not intended for consumption.

-- 3 of 11 --

Federal Law No. (10) of 2018 On Product Safety 4 Introduction : Any process that the product undergoes with a view to selling, renting, offering or presenting it to the consumer, or its posses- sion for such purposes, whether paid or unpaid. Standard : A document outlining the specifications of the commodity, ma- terial, service or anything subject to standardization or its de- scription, characteristics, level of quality, dimensions, measures or requirements of safety and security, along with the terminol- ogy, symbols, testing methods, sampling, packaging, labels and marks. Approved Standards : Standards approved by the Ministry, referred to as UAE stand- ards and referred to using the characters (UAE.S). Label : A label that includes any data written, printed, drawn, engraved or hallmarked on products, containing all the relevant infor- mation thereof and required according to the relevant technical controls and standards.

Article (2) Objectives of the Law This Law aims at the following: 1. Ensuring the safety of products introduced into the State through developing a legislative framework for introducing products into the market, in line with the international statutes and practices, technical regulations, standards and risk assessment reports. 2. Defining the requirements of safe product and precautionary and remedial measures, as well as specifying responsibilities to control the trade of products manufactured in the State and imported ones. 3. Supporting and protecting the State's economy, security and environment from unsafe practices and products, or products which are not in conformity with technical regulations and approved standards.

-- 4 of 11 --

Federal Law No. (10) of 2018 On Product Safety 5 4. Facilitating commercial traffic between the State and international markets, along with promoting tourism and investment through increasing the confidence in the products traded in markets and developing a legislative infrastructure for standardization and quality activities.

Article (4) Safe Product 1. A product is deemed to be safe in any of the following cases: a. The product complies with the relevant laws, resolutions or technical regulations issued by the authority defining the product specifications and characteristics, as well as the compulsory requirements of the processes that it undergoes or any other technical requirements. b. The product complies with the approved standards covering safety aspects of the product, or with any other standards set by an acceptable entity abroad and approved by the Ministry, in accordance with the controls defined by the Executive Regulations of this Law. 2. If the two cases set forth in the above Item No. (1) are not applicable to the product, a risk assessment report of the product or its aspects, issued by an acceptable entity, shall be presented to the Ministry and it shall be perused and accepted by the same, in accordance with the controls set forth in the Executive Regulations of this Law, subject to

-- 5 of 11 --

Federal Law No. (10) of 2018 On Product Safety 6 the following requirements: a. Product characteristics, including components, packaging and assembly and maintenance instructions. b. Product impact on other products if it is expected to be used with another product. c. Presenting the product, its label, any instructions related to the product use or disposal after use and any other instructions defined by the factory. d. Identifying categories and ages of consumers at risk when using the product, particularly children, the disabled and the elderly. e. Any other requirements set forth in the Executive Regulations of the present Law.

Article (7) Grievance of Supplier The supplier may file a grievance against resolutions issued in application of the provisions of the present Law, regarding his products that were proved to be unconforming with the

-- 6 of 11 --

Federal Law No. (10) of 2018 On Product Safety 7 requirements of a safe product, in accordance with the following controls: 1. The supplier shall file his grievance in writing to the Ministry within (10) working days from the date of being notified of the resolution. The grievance shall not be accepted, if submitted after the aforesaid deadline. 2. The supplier shall attach the necessary documents indicating the reason for the grievance. 3. During the period of deciding on his grievance, the supplier shall apply the resolution against which he filed the grievance, until the Ministry issues a resolution to the contrary. 4. The Ministry shall take the necessary procedures in relation to deciding on the filed grievances, including the examination of such grievances and verifying the soundness of the same, based on the information provided by the supplier or any other relevant and credible sources. 5. The Ministry shall take its decision on any grievance within a period not exceeding (10) ten working days from the date of receiving it, and its decision shall be final.

Article (9) Whoever commits any of the below acts shall be penalized by imprisonment and/or a fine not less than (AED 100,000) one hundred thousand UAE Dirhams and not exceeding (AED 1,000,000) one million UAE Dirhams: 1. Introduced a product into the market before submitting a risk assessment report of the product or its aspects at the request of the Competent Ministry, or introduced the product after submitting this report but before being accepted by the Ministry. 2. Refusing to cooperate with the Competent Ministry to avoid risks which may be caused by the unsafe product. 3. The supplier does not take the actions necessary for monitoring the product safety while being offered in the State. 4. Not implementing the withdrawal decision or does not recall the product during the period set by the Competent Ministry.