Consumer Protection (UAE) LawCabinet Resolution No. (38) of 2021 Concerning the Executive Regulations of Federal Law No. (10) of 2018 Concerning Product Safety

Article (1) Definitions The Definitions set out in Federal Law No. (10) of 2018, referred to hereinabove, shall apply hereto; otherwise, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: Ministry : The Ministry of Industry and Advanced Technology. Minister : The Minister of Industry and Advanced Technology. Market : Places and facilities designated for sale, rental or exhibition, or fairs designated for sale or exhibition, including free zones and electronic markets.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2018 Concerning Product Safety 2 Approved Entity :…

Article (2) Controls of Accepting Conformity Certificates from the Approved Entity Without prejudice to Article (4) of the Law, a product is deemed safe if it meets the accredited standards that cover safety aspects of the product, or it conforms to any other standard issued by an Approved Entity outside the State, approved by the Ministry. An entity is deemed approved according to the following controls: 1. If accredited under Cabinet Resolution No. (35) of 2015, referred to hereinabove. 2. If accredited based on international standards by internationally recognized entities or it operates within a system of international multilateral recognition. 3. If it operates under the supervision of…

Article (3) Risk Assessment Report 1. If the two cases in Item (1) of Article (4) hereunder do not apply to the product, the supplier shall provide "a risk assessment report on the product or its aspects" to the Ministry, provided that it is issued by any of the following Approved Entities: a. A factory holding recognition, accreditation, or approvals that its product is safe. b. The competent authority.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2018 Concerning Product Safety 3 c. A university, center, laboratory or qualified research and study institute approved by the Ministry. d. A health or medical center approved by the Ministry. e.…

Article (4) Controls of Risk Assessment Report Submission The supplier shall comply with the following controls upon submitting the risk assessment report to the Ministry: 1. Labelling the product or its external package with data and information that include all information on the identity and address of the supplier responsible for putting the product on the market, references related to the product, production batch to which the product belongs, where required, and any other information required by the Ministry. 2. Providing information to consumers on risks inherent in the product over the normal period of use and within uses intended and anticipated for the product if such risks are uns…

Article (5) Risk Assessment Report Requirements In addition to the requirements set out in Item (2) of Article (4) of the Law, the report referred to in Article (3) above shall be based on examinations and tests supported by scientific evidence using the available modern technology, in accordance with controls identified or accepted by the Ministry. The report shall include the following: 1. Supplier's information and address. 2. Information on carriage, storage, display, and safety.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2018 Concerning Product Safety 5

Article (6) Unsafe Product Entry Prevention Customs authorities in the State shall prevent the entry of an unsafe product, as per the following controls: 1. If it is established that the product is unsafe, pursuant to the provisions of the Law and the present Resolution. 2. Absence of a certificate issued by the Ministry or the Approved Entity confirming that the requirements of a safe product have been fulfilled.

Article (7) Mechanisms of Verifying Safe Products 1. The Ministry shall provide an appropriate mechanism, in coordination with customs authorities in the State, to verify safe products. 2. The Ministry or the Approved Entity shall issue a certificate or statement on the condition of the safe product for each shipment.

Article (8) Preventive and Remedial Measures and Procedures of Product Withdrawal and Recall If a change in the product characteristics is found and the product is turned into an unsafe product as a result of normal use, based on the controls set forth in Article (4) above, the supplier shall withdraw and recall the products from the market according to the following: 1. Products shall be withdrawn or recalled from the market when they are found unsafe, particularly the following products: a. Products confirmed to be hazardous due to design or manufacture defects. b. Products found and subsequently confirmed that they do not fulfill the standards and requirements of a safe product. c. Produc…

Article (9) Market Supervisory Procedures 1. The competent authority may conduct supervision, market surveys and examinations appropriate for the product characteristics through document examination and inspection and conducting the required test of product samples, based on indicated or recognizable methods and means, in conformity with standards and manuals, as the case may be. 2. The Ministry shall coordinate with the competent authority, where required, to warn consumers against products identified by the same as high or moderate risk products. 3. The supplier shall cooperate with the competent authority to contribute to taking preventive and remedial measures to prevent or minimize risk…

Article (10) Information Provision The Ministry shall, in coordination with the competent authorities, provide systems necessary for enabling consumers to obtain information on safe and unsafe products and actions taken thereon inside and outside the State.

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Cabinet Resolution of 2021 Concerning the Executive Regulations of Federal Law of 2018 Concerning Product Safety 8

Article (11) Complaints and Reports The Ministry shall coordinate with the competent authorities to provide systems necessary for filing reports and complaints related to the safety of products and shall ensure taking necessary remedial actions.

Article (12) Implementing Resolutions The Minister shall issue resolutions necessary for implementing the provisions of the present Resolution.

Article (13) Repeals Any provision contradicting or repugnant to the provisions of the present Resolution shall hereby be repealed.

Article (14) Publication and Enforcement The present Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us: Dated: 9th Ramadan 1442 AH, Corresponding to: 21st April 2021 AD

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