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The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
1:
The
following terms, wherever they occur within this Law, shall
have the meanings given below:
-
Ministry concerned : Ministry of Commerce,
Ministry of Health, Ministry of Agriculture and Water, Ministry
of Industry and Electricity, Ministry of Rural and Municipal
Affairs, or any other ministry as may be determined by the
Implementing Regulations as the context or text may dictate.
-
Organization: Saudi Arabian Specifications
and Standards Organization.
-
Goods : Commercial items, whether produced
locally or imported, in the form of materials, equipment,
tools, or otherwise.
-
Test : Any analysis, calibration or
inspection performed to identify characteristics of performance,
competence, effectiveness or conformity.
-
Laboratory : Any site set up for testing
goods.
Article
2:
Assistance
of qualified and licensed private national laboratories may
be sought, by a decision of the Minister concerned, for purposes
of testing local and imported goods.
Article
3 :
Preliminary
licensing may be granted to laboratories subject to fulfillment
of the following conditions:
- The
applicant for a license should be Saudi, whether natural
or juristic person.
- The
applicant for a license undertakes to assign a Saudi to
the position of laboratory technical manager.
- The
applicant for a license undertakes to provide the necessary
academically qualified specialists and the proper equipment
and instruments necessary to carry out the volume and nature
of the work, in accordance with the directives of the Ministry
concerned and the Organization.
Article
4:
The
Implementing Regulations shall determine the classes of laboratories
and the conditions for each class as recommended by the Organization.
Article
5:
The
Implementing Regulations shall determine the procedures for
obtaining a license and the time required to review an application.
Article
6:
Licensee
shall preliminarily be granted a grace period not exceeding
six months to finalize the following:
- Laboratory
organizational structure.
- Technical
staff to operate the laboratory. Certified copies of their
academic qualifications and training courses attended shall
be submitted.
- Certification
of the Organization in accordance with the regulations related
to quality mark, certificate of conformity, and accreditation
of services (laboratory accreditation). Failure to meet
the above requirements within the grace period of six months
shall render the preliminary license void.
Article
7 :
The
Ministry concerned shall issue the private laboratory license,
upon satisfying the following:
- Fulfillment
of the requirements of Article 6; designation of the type
of goods, tests and maximum fees for each test which requires
a license.
- Payment
of the licensing fees of five thousand (5000) riyals for
the main laboratory and two thousand five hundred riyals
for each branch.
Validity
of the license shall be five years, renewable by an application
submitted by the interested party to the Ministry concerned,
at least three months prior to the date of expiry. The renewal
shall be effective as of the expiration date of the license.
Article
8:
The
Ministry concerned shall issue a decision specifying the goods
to be tested by the private laboratory sixty days prior to
assigning the task to the same and after publication it in
the Official Gazette. The Ministry of Finance and National
Economy (Customs Authority) shall be notified accordingly.
Article
9:
The
laboratory shall comply with the following:
(a) Limiting
the tests to goods licensed for testing.
(b)
Maintaining the level of performance and precision in accordance
with the standards of the profession, in performing tests
honestly, accurately, and impartially as well as observing
job confidentiality and maintaining soundness of equipment.
(c) Keeping
records of test results for a period not less than five years
for reference, when needed.
(d)
Displaying the license, organizational structure, technical
divisions, test charges and the Organization's certificate
of accreditation, in a visible place at the laboratory entrance.
Changes thereof may not be effected without the Ministry's
approval.
(e) Observing
confidentiality in transporting samples and test results and
not providing relevant information except to authorized persons.
Article
10:
- Technicians
of the Ministry concerned shall be responsible for collecting
and preparing samples in accordance with approved standard
specifications.
- For
imported goods, an undertaking shall be made by the owner
of the goods to the effect that they shall not be put to
use until the final test has been completed.
- For
locally produced goods, an undertaking shall be made by
the owner of the goods to the effect that they shall not
be put to use until they have been approved by the competent
authority.
- Following
preparation by technicians, the sample shall be handed to
the private laboratory office with a letter precisely describing
the sample and the tests to be performed thereon in accordance
with approved standard specifications.
- The
laboratory shall return the results along with the remaining
samples or, otherwise, proof of having used the same during
testing, to their source, within fifteen days of the date
of taking the samples. The Ministry concerned shall be notified
of the test results within a period not exceeding twenty
five days of the date of taking the samples.
- The
owner of the samples to be tested shall bear the necessary
charges thereof.
Article
11:
Without
prejudice to a harsher punishment imposed by other laws, violators
of the provisions of this Law shall be subject to one or more
of the following punishments:
- Warning.
- A
fine not less than five thousand riyals and not exceeding
twenty thousand riyals.
- Suspension
of license for a period not less than thirty days and not
exceeding sixty days.
- Withdrawal
of the license, in case of repeated violations.
Article
12:
Delay
fine shall be applied in accordance with the following:
- One
thousand riyals for each year of delay when renewing the
license. Renewal shall start as of the license expiration
date.
- A
fine equivalent to the test charges of the tests in question,
for failure of the laboratory to submit the test results
within the period stipulated for in Paragraph 4 of Article
10.
Article
13:
Laboratory
control and inspection, and records of violations of the provisions
of this Law, regulations and decisions issued to implement
them shall be handled by specialized officers. The Implementing
Regulations shall determine the following:
- The
authority, or authorities, nominating such officers.
- Powers
of the officers authorized to enter and inspect laboratories,
record violations, seize samples, documents, and equipment
involved in the violation, conducting the necessary investigations
as well as the justifications for seeking assistance of
the security authorities.
- The
authority which has the right of granting permission of
entry into laboratories for inspection purposes.
- However,
officers in charge of control, inspection, and recording
[of violations] must exercise confidentiality and good conduct
and present to the party concerned proof of their identity,
their official status and the purpose of their visit.
Article
14 :
The
Implementing Regulations shall specify the investigation and
prosecution procedures as well as the authority to implement
such procedures.
Article
15:
The
Board of Grievances shall have the jurisdiction to decide
cases of violation of this Law and impose punishments.
Article
16:
The
Minister of Commerce, in agreement with the Ministries of
Interior, Health, Agriculture and Water, Industry and Electricity,
and Rural and Municipal Affairs shall issue the Implementing
Regulations of this Law.
Article
17:
This
Law shall be published in the Official Gazette, and shall
be effective one hundred and eighty days after publication.
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