UAE Healthcare / Pharma LawCabinet Resolution No. (29) of 2018 Regarding the UAE System for Control of Milk and Dairy Products

Article (1) Definitions For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise: State : The United Arab Emirates. Authority : The Emirates Authority for Standardization and Metrology. Board : The Board of Directors of the Authority. Director General : The Director General of the Authority. Competent Authority : The federal or local authority concerned with the implementation of the provisions of this Resolution. Standard Specification : A document that defines the characteristics of a good, material, or service, or anything subject to measurement, or its descriptions, properties, quality level, dimensions and measurements, or its safety and security requirements, and also includes terminology, symbols, testing methods, sampling, packaging, labeling, and markings. Approved Standard Specification : The standard specification approved by the Authority, referred to as a UAE Standard Specification and symbolized by (UAE.S/م ق / أ ع م). Mandatory Standard Specification : The approved standard specification whose application shall be mandatory by virtue of a Cabinet Resolution based on the proposal of the Board. Milk : The natural secretion of the mammary glands in the udder obtained from one or more milking animals, without any additions or modification of its components, after the end of the colostrum period, and is intended for consumption as liquid milk or for use in the manufacture of dairy products.

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 3 Dairy Products : Products obtained from milk manufacturing processes, which may contain food additives and processing aids necessary for the preparation process, and include any products expressed by names, symbols, images, or any other method that directly or indirectly refers to milk or its products. The Product : Milk and dairy products. Conformity Assessment : Any activity that is used directly or indirectly to verify that the product or service meets the relevant technical requirements. Conformity Assessment Body : A body registered, accredited, or accepted by the Authority to carry out conformity assessment procedures in accordance with the relevant legislation, and includes testing and calibration laboratories, inspection bodies, proficiency testing bodies, and certification bodies for systems, individuals, or products. UAE Conformity Assessment System (ECAS) : The system issued by the Authority, which is concerned with verifying that the product meets the requirements specified in the approved standard specifications, either directly or indirectly, through specific procedures conducted by the Authority, such as examination, testing, calibration, inspection, or granting Certificates of Conformity. Certificate of Conformity : The certificate issued by the Authority, which confirms the conformity of the product or any batch thereof with the requirements of the mandatory standard specifications. Emirates Quality Mark (EQM) : The mark approved by the Authority, and granted to the product to indicate its conformity with the mandatory standard specifications for the product.

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 4 The Supplier : The manufacturer, assembler, processor, importer, agent, storage provider of the product, or the person engaged in packaging, or any main or sub-distributor, or anyone whose activity affects the characteristics of the product, or any commercial or legal representative responsible for importing the product. Supply Chain : All stages through which the product passes, from primary production until it reaches the final consumer, including stages of import, export, manufacturing, preparation, processing, packaging, wrapping, transport, storage, distribution, presentation, offering, and sale, whether wholesale or retail, and any other related process. Placing on the Market : Any activity or procedure intended for the sale, circulation, storage, display, marketing, promoting, or offering the product to the consumer, whether for consideration or free of charge.

Article (2) Scope of Application 1. The provisions of this Resolution shall apply to all products whose standard specifications are listed in the Schedule attached to this Resolution. 2. The following products shall be exempted from the provisions of this Resolution: a. Products intended for special medical uses, or for infants and children, such as infant formula, follow-up formula, growth milk, complementary foods for children, and infant formula for special medical uses. b. Products similar to milk and dairy products, or of non-dairy source, such as certain types of Ices mentioned in the UAE Standard Specification No. UAE.S/GSO 457: Edible Ices.

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 5 c. Meals prepared by restaurants and small traditional kitchens or those manufactured with specific recipes, such as Iranian yogurt, which are subject to control by the Competent Authorities. d. Ingredients intended for use as primary raw materials in food manufacturing process and imported for licensed industrial establishments.

Article (3) Supplier Responsibilities The supplier shall, at any stage of the supply chain, comply with the following: 1. Conducting its activity through a registered and licensed company or sole proprietorship in accordance with the relevant legislation. 2. Obtaining a Certificate of Conformity for the Product before Placing it on the Market, in accordance with the Emirates Conformity Assessment System (ECAS). 3. Obtaining the Emirates Quality Mark (EQM) in accordance with the procedures approved by the Authority. 4. Ensuring the continued conformity of the Product that has obtained a Certificate of Conformity. 5. Compliance with what is stated in the Cabinet's resolutions regarding the UAE System for Certification of Organic Food Inputs and Products in cases where the supplier wishes to place the "organic" mark on the Product's label. 6. Cooperating with the Authority and the Competent Authority and providing them with all documents, Certificates of Conformity, and any other documents related to the Product, upon request. 7. Cooperating with the Authority and the Competent Authorities to withdraw any product that does not conform to the mandatory standard specifications from the market, and reporting any Product placed on the market in violation of the provisions of this Resolution. 8. Any other obligations determined by the Authority in coordination with the local Competent Authority.

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 6

Article (4) Conformity Assessment Requirements 1. It shall be prohibited to import or Place the Product on the Market, unless it is registered in accordance with the UAE Conformity Assessment System (ECAS) and has obtained a Certificate of Conformity in accordance with the provisions of this Resolution. 2. For the purposes of assessing the conformity of the Product with the Mandatory Standard Specifications specified in the Schedule attached to this Resolution, the following shall be verified: a. Ensuring that the product meets all the requirements of this Resolution. b. Submission of certificates acceptable to the Authority that confirm the supplier's application of any of the globally recognized and Authority-accepted quality management systems, in addition to the application of any food safety management systems or Good Manufacturing Practices (GMP) and Good Hygiene Practices (GHP) that are globally recognized and accepted by the Authority. c. Conformity of the Product's label with the explanatory data specified in the special standard specifications for each of them, as indicated in the Schedule attached to this Resolution. d. Compliance with the Cabinet Resolution regarding the UAE System for Control of Food Contact Materials. e. Transport and store the product in accordance with the requirements stated in the approved standard specifications specified in the Schedule attached to this Resolution. f. Compliance with the Cabinet Resolution regarding the UAE System for Control of Halal Products.

Article (6) Market Surveillance and Control 1. When the Product is Placed on the Market, it shall be subject to control, and the Authority or the Competent Authority, as the case may be, shall monitor it to ensure its continued conformity with the Certificate of Conformity throughout all stages of the Supply Chain, and for this purpose, it may undertake any of the following procedures: a. Conducting inspections, taking samples of the Product and carrying out the necessary examinations. b. Ensuring that all points of sale for the Product in the State comply with the prohibition of its import or placement on the Local Markets, unless it has obtained a Certificate of Conformity. c. Taking appropriate measures against a Product that does not meet one of the conditions for granting the Certificate of Conformity or that loses any of these conditions, including the suspension of its circulation or its withdrawal from the Local Markets. d. Obliging the Supplier responsible for Placing the Violating Product on the Market to recall and withdraw it from the Local Markets, to regularize its status where possible, or obliging them to return it to the country of origin or destroy it in accordance with the legislation in force in this regard, within the period specified by the Authority or the Competent Authority, as the case may be. e. Following up on the implementation of the procedures referred to in this Article. 2. The Supplier from whom the sample was taken shall be deemed responsible for its non- conformity with the requirements of this Resolution unless proven otherwise, within the period specified by the Authority or the Competent Authority, as the case may be. 3. Product control shall cover all entry points to the State to ensure the product’s compliance with the provisions of this Resolution.

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 8

Article (7) General Provisions 1. The Approved Standard Specifications indicated in the Schedule attached to this Resolution shall be mandatory for application within the State, and this Schedule shall be considered an integral part thereof. 2. The Authority shall undertake the necessary procedures to implement the provisions of this Resolution, and it may delegate some of its powers to the Competent Authority. 3. It shall be prohibited to import the Product from countries subject to import ban resolutions issued by the Competent Authorities in the State. 4. If any case arises that cannot be addressed under the provisions of this Resolution, or if any dispute arises regarding its interpretation or application, the matter shall be referred to the Director General who shall issue the decision they deem appropriate concerning such case or dispute in a manner that serves the public interest. 5. Where the Authority declines to grant the product the Conformity Certificate, the supplier shall have the right to file a grievance or objection to the Authority within a period not exceeding (60) days from the date of being notified of the decision of non-approval, and the decision issued regarding the grievance or objection shall be final. 6. The Supplier may submit a new application for obtaining a Certificate of Conformity, provided that the corrective actions and required amendments are implemented according to the Authority's decision issued in response to their grievance or objection submitted by the Supplier. 7. All entities subject to the provisions of this Resolution shall provide the assistance and information requested by the inspectors of the Competent Authorities related to the implementation of its provisions. 8. The provisions of this Resolution shall not prevent the inspectors of the Competent Authorities from carrying out inspections and taking samples of the product and conducting the necessary examinations and tests to verify the product’s compliance with the provisions of other legislation. 9. The Board may amend any of the Standard Specifications set out in the attached Schedule or approve any other Standard Specification required for the implementation of this

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 9 Resolution, in accordance with the provisions of Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, as amended, referred to herein. 10. The Board shall issue the necessary resolutions to implement the provisions of this Resolution.

Article (9) Violations and Penalties 1. Without prejudice to any penalty or procedure stipulated in Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, and other relevant legislation, in the event of committing a violation of any of the provisions of Articles (3) and (4) of this Resolution, the Authority or the Competent Authority, as the case may be, shall impose one or more of the following administrative penalties: a. Coordination with the licensing authority to revoke the business license of the Supplier responsible for the violation. b. Revocation of the Certificate of Conformity granted to the violating Product. c. Requiring the violator to bear the expenses and costs of removing and rectifying the damages resulting from the violation in the event of their failure to carry out the removal or treatment. 2. In the event that the Authority or the Competent Authority, as the case may be, is unable to identify the person responsible for the Product’s failure to comply with the requirements of this Resolution, the person in whose possession the violation was found

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 10 shall be considered the person responsible for the non-conformity unless they prove otherwise.

Article (10) Grievance Procedures 1. A grievance may be filed against the decisions issued pursuant to the provisions of Article (9) of this Resolution, provided that the following is adhered to: a. Submitting the grievance to the Director General in accordance with the procedures determined by the Authority, within a period not exceeding (14) working days from the date the violator is notified of the decision they wish to grieve. b. Attaching all necessary documents that clarify the reason for the grievance. 2. The Director General shall issue the decision they deem appropriate regarding the grievance submitted in accordance with the provisions of this Article within a period not exceeding (25) twenty-five working days from the date of its submission, and the decision issued in this regard shall be final, and the grievance shall be deemed rejected if no action is taken within the period specified in this Clause.

Article (12) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force on the day following the date of its publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us: On: 6 Ramadan 1439 A.H. Corresponding to: 22 May 2018 A.D.

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 12 Schedule Attached to Cabinet Resolution No. (29) of 2018 Regarding the UAE System for Control of Milk and Dairy Products No. Standard Specification No. Approved Standard Specification 1. UAE.S/GSO 992 Yoghurt 2. UAE.S/GSO 2483 Trans Fats (Fatty Acids) 3. UAE.S/GSO CAC 206 General Standard for the Use of Dairy Terms 4. UAE.S/GSO 174 Raw Milk 5. UAE.S/GSO 785 Flavored Milk 6. UAE.S/GSO 569 Methods for Sampling Milk and Milk Products 7. UAE.S/GSO 2033 Laban, Flavored Laban, Laban Drink 8. UAE.S/GSO 1338 Laban 9. UAE.S/GSO 1375 Flavored Laban 10. UAE.S/GSO 2214 Code of Hygienic Practice for Milk and Milk Products 11. UAE.S/GSO 474 Flavored Yoghurt 12. UAE.S/GSO 1970 Dairy and Dairy Products - Pasteurized Camel Milk 13. UAE.S/GSO 1983 Goat Milk 14. UAE.S GSO 1366 General Requirements for Handling of Foods for Special Medical Purposes 15. UAE.S GSO 1102 Milk Paperboard Packages 16. UAE.S GSO 150-1 Expiry Periods of Food Products - Part 1 - Mandatory Expiration Dates 17. UAE.S GSO 9 Labeling of Prepackaged Food Stuffs 18. UAE.S/GSO/CAC/GL 32 Guideline for Production, Processing, Labeling and Marketing of Organically Produced Foods 19. UAE.S/ CAC/ 193 Contaminants and Toxins in Food and Feed 20. UAE.S/ CAC/ 192 General Standard for Food Additives

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Cabinet Resolution of 2018 Regarding the UAE System for Control of Milk and Dairy Products 13 21. UAE.S CAC/MRL 2 Maximum Residue Limits (MRLS) and Risk Management Recommendations (RMRS) for Residues of Veterinary Drugs in Food 22. UAE.S CAC MRL 1 Maximum Residue Limits for Pesticides in Agricultural and Food and Products 23. UAE.S GSO 839 Food Packages Part 1: General Requirements 24. UAE.S GSO 2233 Requirements of Nutritional Labeling 25. UAE.S GSO 1863 Food Packages - Part 2: Plastic Packages - General Requirements 26. UAE.S GSO 2333 Requirements for Health and Nutrition Claims on Food Products 27. UAE.S GSO R87 Quantity of Product in Packages 28. UAE.S GSO 1694 General Principles of Food Hygiene 29. UAE.S GSO 1016 Microbiological Criteria for Foodstuffs 30. UAE.S GSO CAC GL 1 General Guidelines on Claims 31. UAE.S GSO 2055-1 Halal Food - General Requirements 32. UAE.S GSO 21 Hygienic Regulations for Food Plants and Their Personnel 33. UAE.S GSO 323 General Requirements for Transportation and Storage of Chilled and Frozen Foods

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