Federal Law No. 10
Issued on 2018/12/18
Corresponding to 10 Rabi’ Al-Akhir 1440 H.
ON PRODUCT SAFETY

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates State,
After perusal of the Constitution,
Federal Law no. (1) of 1979 on the regulation of the industrial affairs;
Federal Law no. (18) of 1981 on the regulation of commercial agencies, and its amendments;
Federal Law no. (35) of 1992 promulgating the Penal Procedure Law, and its amendments;
Federal Law no. (37) of 1992 on trademarks, and its amendments;
Federal Law no. (18) of 1993 promulgating the Commercial Transactions Law, and its
amendments;
Federal Law no. (24) of 1999 for the protection and development of the environment, and its
amendments;
Federal Law no. (28) of 2001 on the establishment of Emirates Authority for Standardisation and
Metrology, and its amendments;
Federal Law no. (8) of 2004 on the Financial Free Zones;
Federal Law no. (1) of 2006 on e-commerce and transactions;
Federal Law no. (24) of 2006 on Consumer protection, and its amendments;
Federal Law no. (5) of 2009 on organic inputs and Products;
Federal Law no. (15) of 2009 on Tobacco Control;
Federal Law no. (2) of 2015 on commercial companies, and its amendments;
Federal Law no. (8) of 2015 on the Federal Customs Authority;
Federal Law no. (10) of 2015 on Food Safety;
Federal Law no. (11) of 2015 controlling trading high-value stones and precious metals and
stamping them;
Federal Law no. (14) of 2016 on the violations and administrative penalties in the federal
government;
Federal Law no. (19) of 2016 on Combating Commercial Fraud;
And according to the suggestion of the Minister of Economy – Chairman of the Board of Directors
of the Emirates Authority for Standardisation and Metrology, the approval of the Cabinet and
the Federal National Council and the ratification of the Federal Supreme Council,
Issued the following Law:
Article 1- Definitions
In the implementation of the provisions of this Law, the following words and expressions shall have the meanings stated beside them unless the context requires otherwise:
State: The United Arab Emirates.
Authority: The Emirates Authority for Standardisation and Metrology.
Competent Authority: The local entity or authority concerned with the application of the provisions of this Law at the State.
Customs Authorities: The Federal Customs Authority and local customs departments in every Emirate.
Product: Every Product in its final form intended to be used by the Consumer, even if within the framework of provision of services. It shall have been supplied in the course of a commercial or professional transaction, against a fee or free of charge, and includes: New Product, used Product valid for use, and rehabilitated Product.
Safe Product: Product suitable for use in the State under normal conditions or under the potential circumstances for use, including the period of use, installation and maintenance, not resulting into risk or having a minimum risk as per the use of such Product, provided that it is acceptable and achieves the higher level of protection of health and safety of persons.
Unsafe Product: Every Product that does not meet the safety conditions according to Article (4) of this Law.
Consumer: Whoever obtains a commodity or service, with or without pay, to satisfy his personal needs or others’ needs.
Supply Chain: All the phases that the Product goes through after its Production until reaching the customer, including: Import, storage, wholesale, instalment sale, delivery and any other related operations.
Market Control: Measures taken by the Competent Authority to verify that the Products offered or to be offered in the State are safe according to this Law.
Product Withdrawal: Any action aimed at preventing the introduction of an Unsafe Product in the State.
Product Retrieval: Any action where the Supplier retrieves the Unsafe Product from the Consumer after being supplied with the same.
Supplier: Including all of the following:
1- Manufacturer of the Product in case of its residence in the State, every person introducing himself as manufacturer of the Product by naming the Product after him or by any other relevant commercial description, or every person who renews the Product.
2- Manufacturer’s agent inside the State in case the manufacturer resides abroad, or the importer in case of absence of a representative thereof inside the State.
3- Every professional in the Supply Chain of which the activity has an impact on the properties of the Product safety.
Masterpiece: A commodity of moral, material or historical value, not intended for consumption.
Offer: Any process undertaken on the Product, including its sale, rent, offer or provision to the Consumer, and acquisition for such purpose, with or without pay.
Standard Specification: A document determining the description of the commodities, materials, services or all that is subject to measurement, their descriptions, properties, quality level, dimensions, standards or safety and security requirements of the same. It shall also include the terms, symbols, test methods, sampling, wrapping, Information Labels and marks.
Approved UAE Standards: The Standard Specifications approved by the Authority, referred to as UAE Standard Specification (UAE.S).
Information Label: Label containing information written, printed, drawn, engraved or embossed on the Products and covering all information of the same and those required according to the technical rules and relevant Standard Specifications.
Article 2- Objectives of the Law
This Law aims to:
1- Ensure the safety of the Products offered in the State through the development of a legislative framework for the introduction of Products in the market, according to the international legislation and practices, technical regulations, Standard Specifications and risk assessment reports.
2- Determine the requirements of Safe Product and the preventive and therapeutic measures, and determine the responsibilities to control the trading of the Products manufactured inside the importing State.
3- Support and protect the State’s economy, security and environment from unsafe practices and Products or those that do not meet the technical regulations and Approved UAE Standards.
4- Facilitate trading between the State and the international markets and support tourism and investment by increasing confidence in the Products traded in the markets and providing a legislative infrastructure for the standardisation and quality control activities.
Article 3- Scope of Validity and Exceptions
The provisions of this Law shall apply to all Products offered in the State including free zones and the like, except for the following Products:
1- Human and veterinary medicines, vaccines, serums and the like.
2- Commodities imported as Masterpieces.
3- Used Products requiring repair, rehabilitation or amendment during the period preceding their Offer in the State.
Article 4- Safe Product
1- The Product shall be deemed safe in any of the following cases:
a- It is conformant to the laws, decisions or relevant technical regulations issued by the Authority determining the specifications and properties of the Product, and the mandatory requirements of the operations performed on the same or any other technical requirements.
b- It is conformant to the Approved UAE Standards covering the safety aspects of the Product or any other standard issued by an acceptable entity outside the State and approved by the Authority, according to the rules determined by the Implementing Regulation of this Law.
2- If both cases set forth in Clause (1) of this Article are not applicable to the Product, a “risk assessment report for the Product or the Product aspects” shall be submitted to the Authority issued by an acceptable entity and it shall be studied and accepted by the Authority, according to the rules set forth in the Implementing Regulation of this Law, provided that the following requirements are met:
a- Properties of the Product, including: Components, wrapping, assembly and maintenance instructions.
b- Its effect on other Products when it is expected to be used with another Product.
c- Display of the Product and Information Label, any instructions related to the use or disposal thereof after use, and any other instructions determined by the manufacturer.
d- Determine the categories and age ranges of the Consumers who may be at risk upon using the Product, particularly the children, disabled persons and the elderly.
e- Any other requirements set forth in the Implementing Regulation of this Law.
Article 5- Prevention of Entry of Unsafe Products
The Customs Authorities at the State shall prevent the entry of Unsafe Products according to the rules determined by the Implementing Regulation of this Law.
Article 6- Obligations of the Supplier
The Supplier shall:
1- Not offer Unsafe Products in the State.
2- Ensure that the Product remains safe after the Offer thereof and during normal and frequent use.
3- Take the necessary preventive and therapeutic measures determined by the Implementing Regulation of this Law in case of a change in the properties of the Product or its conversion into an Unsafe Product due to normal use.
Article 7- Appeal by the Supplier
The Supplier shall have the right to appeal the decisions issued under the provisions of this Law concerning its Products proved not to be conformant with the Safe Product requirements, according to the following rules:
1- He shall file his appeal in writing to the Authority within (10) ten working days from the date of his notification of the decision. The appeal shall not be accepted if filed after the said date.
2- He shall enclose the necessary documents explaining the reason of the appeal.
3- He shall commit, during the period of settlement of his appeal, to apply the decision concerning which the appeal was filed, until the Authority issues a decision to the contrary.
4- The Authority shall take necessary actions concerning the settlement of the filed appeals, including their study and verification of the validity thereof based on the information provided by the Supplier or any other relevant and credible sources.
5- The Authority shall take its decision concerning any appeal within a period not exceeding (10) ten working days from the date of receipt thereof, and its decision shall be final.
Article 8- Penalties
Whoever commits any of the following shall be sentenced to imprisonment and to a fine not less than AED (500,000) five hundred thousand Dirhams and not exceeding AED (3,000,000) three million Dirhams, or to either penalties:
1- Offering a Product not conforming to the requirements of Safe Products stated in Article (4) of this Law.
2- Continuing to offer a Product despite the issuance of a decision to withdraw or retrieve the same.
3- Offering a Product that was reserved until completion of the procedures of verification of its safety.
Article 9
Whoever commits any of the following shall be sentenced to imprisonment and to a fine not less than AED (100,000) one hundred thousand Dirhams and not exceeding AED (1,000,000) one million Dirhams, or to either penalties:
1- Offering a Product in the market before submitting a risk assessment report of the Product and aspects of the Product, upon the request of the Competent Authority, or offering a Product after submitting such report but before its acceptance by the Authority.
2- Failing to respond to the cooperation with the Competent Authority in order to avoid the risks that may result from the Unsafe Product.
3- Failure of the Supplier to take necessary action as to follow the safety of the Product during the period of its presentation in the State.
4- Failing the implement the withdrawal decision or failing to retrieve the Product during the period determined by the Competent Authority.
Article 10
Without prejudice to the penalties set forth in this Law, whoever violates any provision of this Law shall be punishable by a fine not exceeding AED (100,000) one hundred thousand Dirhams.
The Cabinet shall issue a decision stating the violations and the fine prescribed for each.
Article 11
The penalties set forth in this Law shall not prejudice any more severe penalty stipulated in another Law.
Article 12- Non-Exemption from Penalty
The Consumer’s knowledge of the unsafety of the Product shall not exempt the Supplier from the penalty prescribed in this Law.
Article 13- Complementary Penalties
The Court may, upon ruling condemnation under the provisions of this Law, rule the following:
1- Confiscating the violating Products.
2- Destroying the violating Products.
3- Closing the shop for a period not exceeding six months.
4- Cancelling the licence.
In all the cases where judgment is rendered for confiscation or destruction, the violator shall pay the costs.
Article 14- Conciliation
1- The criminal action shall not be set in motion for the crimes set forth in Article (10) of this Law without a written request from the Authority.
2- Taking in consideration the provisions of the said Federal Law no. (14) of 2016, the conciliation for the crimes set forth in Article (10) of this Law shall take place before the case is referred to the competent Court against an amount equivalent to half the prescribed fine. The criminal action shall be settled by payment of the conciliation amount.
3- If the violating party rejects the conciliation, the matter shall be transferred to the Public Prosecution.
Article 15- Implementing Regulation
The Implementing Regulation of this Law shall determine the following:
1- Market Control procedures.
2- Procedures of withdrawal and retrieval of the Products upon discovery of an Unsafe Product.
3- Rules and procedures necessary for the provision and update of all relevant information concerning risks, injuries, accidents and complaints related to Products.
Article 16- Fees
The Cabinet shall issue a decision to determine the fees related to the implementation of the provisions of this Law.
Article 17- Authority’s Supervision and Control
The Authority shall supervise and control the implementation of the provisions of this Law and the concerned local authority in every Emirate shall coordinate with the Authority for the implementation of the provisions thereof.
Article 18- Judicial Officers
The employees specified by a decision from the Minister of Justice, under agreement with the Head of the Competent Authority, shall have the capacity of judicial officers as per proving the violations to the provisions of this Law, its Implementing Regulation and the decisions issued in implementation thereof, within the jurisdiction of each.
Article 19- Issuance of the Implementing Regulation
The Cabinet shall issue the Implementing Regulation of this Law within six months from the date of publication thereof.
Article 20- Abrogation
Any provision violating or contradicting the provisions of this Law shall be abrogated.
Article 21- Publication and Entry into Force
This Law shall be published in the Official Gazette and shall enter into effect six months after the date of publication thereof.
Issued by Us at the Presidential
Palace in Abu Dhabi:
On : December 18, 2018
Corresponding to: 10 Rabi’ Al-Akhar 1440
Khalifa bin Zayed Al Nahyan
President of the United Arab Emirates State
This Federal Law was published in the Official Gazette no. 644 (Annex), p. 61.