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The
English version of this document is for guidance only.
The Arabic version is the governing text.
Terms
Article
One
The
following terms whenever used in the Regulations shall have
the meaning opposite to them:
The Competent Ministry :
Ministry of Interior, Ministry of Commerce, Ministry
of Health, Ministry of Agriculture, Ministry of Industry and
Electricity or the Ministry of Municipal and Rural Affairs.
The Competent Minister :
Minister of Interior, Minister of Commerce, Minister
of Health, Minister of Agriculture, Minister of Industry and
Electricity or Minister of Municipal and Rural Affairs.
The Authority :
The Saudi Arabian Authority for Specifications
and Measures.
The Commodities :
The Commercial commodities produced locally or
imported whether in the form of materials, products, equipments,
tools or others.
Sample :
Samples taken from a consignment or commodities
on scientific basis in accordance with the approved standard
specifications.
Test :
Any analysis, standard or test to determine the
constituents, qualities, aptitude, efficiency or conformity.
Laboratory :
Any place prepared to test any commodity, or checking
an equipment.
The Law :
The Law of Private Laboratories.
A Certificate of Approval
: A
Certificate of Approval issued by the Saudi Arabian Authority
for specifications and measures in accordance with the requirements
of the Laboratories Approval Regulations and the Saudi Standard
Specification ISO 17025.
The Approved Standard Specification
: The Saudi Standard
Specification or the Khaleej Standard Specification and in
case there is no Saudi or Khaleej Standard Specification any
other Standard Specification approved by the Board of Directors
of the Authority may be applied.
The
Initial License
Article
Two
The
following authorities shall be competent to issue licenses
for Private Laboratories:
-
Ministry of Interior
: Laboratories concerned with explosives and chemical materials
that are used in the manufacture of explosives.
-
Ministry of Health
: Laboratories concerned with medicines, biological preparations,
medical herbs and plants and sanitary preparations.
-
Ministry of Agriculture
:
Laboratories relating to commodities mentioned in paragraph
(b) of Article Eleven.
-
Ministry of Commerce
: Laboratories relating to all commodities except those
mentioned in the previous paragraphs.
The
competent Minister shall by a resolution determine the competent
department to issue the licenses
Article
Three
The
applications of Initial Licenses for Laboratories shall be
submitted to the competent department specified in a resolution
of the competent Minister. The application shall include the
following :
-
The approved form of initial
license application shall be filled.
-
A study of the project including
the estimated cost, technical cadres and equipments shall
be submitted.
-
Evidence proving that the
applicant is a Saudi shall be submitted whether he is natural
or juristic person and in case of companies of foreign and
mixed capital they must have a license from the General
Investment Authority to authorize them to carry out the
activity.
-
An undertaking by the applicant
to appoint a Saudi Technical Manager specialized in Laboratory
works to be engaged on full time basis.
-
An undertaking by the applicant
to provide the necessary technical cadre of qualified specialists,
the equipments required for work in the laboratory that
suit the size and nature of work as determined by the Competent
Ministry.
Article
Four
The
competent department shall study the application and decide
on it within thirty days from the date of submission and in
case it is accepted the applicant shall be issued with an
initial license authorizing him to complete the requirements
of obtaining the final license and in case the application
is rejected the reasons for rejection shall be stated and
the applicant is entitled to complain from the resolution
before the Competent Minister within the period determined
by regulations.
Article
Five
The
holder of an initial license shall be given a period of not
more than six months to complete the following :
-
The Organizational Framework
of the Laboratory.
-
Appointment of the Saudi Technical
Manager and submission of an approved copy of his academic
qualifications, experiences and training courses.
-
Determining the technical
cadre necessary to operate the laboratory and submission
of an approved copy of their academic qualifications, experiences
and training courses.
-
Determining the installation
and equipments necessary to operate the laboratory.
-
The Approval Certificate from
the Authority.
- Submission
of approval by the Competent Authority or Municipality permitting
the exercise of the activity in this place.
Article
Six
The
initial license shall be cancelled in case the requirements
stated in Article Five are not completed within six months.
The
License
Article
Seven
The
Competent Minister or the person authorized by him shall issue
the license to the laboratory to carry out the activity after
completing the following:
-
Completing the requirements
stated in Article Five.
-
Determining the type of commodities
and tests and the maximum cost of each test to be licensed
after the approval of the Competent Minister of the recommendation
of the Committee.
-
Payment of the Fees of the
license which is (SR 5,000) Five Thousand Saudi Riyals for
the main laboratory and (SR 2,500) Two Thousand Five Hundred
Saudi Riyals for each branch.
Article
Eight
The
period of validity of the license is five years.
Procedures
of License Renewal
Article
Nine
The
Competent Authority shall renew the license at the request
of the applicant for renewal who shall attach with it a recommendation
from the authority before three months at least from the date
of expiration of its period provided that the renewal is from
the date of expiration of the period of the previous License.
Article
Ten
The
license shall be cancelled in accordance with a resolution
by the Competent Minister if either the commercial registration
or the Approval Certificate is cancelled.
Assistance
by Private Laboratories for
the
Purpose of Customs Clearance
Article
Eleven
The
Competent Minister shall issue, in case of need, the necessary
resolution for seeking the assistance of private laboratories
qualified and licensed to test imported commodities for the
purpose of Customs Clearance in accordance with the requirements
of the Resolution of the Council of Ministers No. 50 dated
17/3/1410 H. and No. 84 dated 1/4/1421 H. as follows:
The Minister of Interior shall
issue the necessary Resolution in relation to the following
commodities:
-
Explosives.
-
Chemical Materials that are
used to manufacture explosives.
The Minister of Agriculture
and Waters shall issue the necessary Resolution in relation
to the following commodities:
-
All types of living meat animals.
-
Living, predatory and wild
animals.
-
All types of living poultry,
rabbits and young chickens.
-
All types of ornament birds.
-
All types of ornament fishes.
-
Hatching eggs.
-
Semen.
-
Skins, hair, fur and wool
which are of animal origin and free from any manufacturing
processes.
-
Concentrated fodders and their
vitamins and mineral salts provided that their analysis
and test shall include test of hormones if any in relation
to the concentrated one.
-
Veterinary Vaccines.
-
Veterinary Medicines.
The Veterinary Medicines will not be cleared except
by the competent committee formed for this purpose in the
Ministry of Health in accordance with Royal Decree No. M/18
dated 18/3/1398 H. and its Implementing Regulations and
in which a representative of the Ministry of Agriculture
shall participate as a member.
- Organic
Manures and Fertilized Soil.
- Agricultural
Transplants.
- Ornament
Plants.
- Bees
Consignment.
- Fresh
Fruits, Vegetables and Dates.
- Grains
and Materials used as fodder for animals such as Barley,
Durra, Millets, Soya Beans, Hay, Dried Clovers and Straw
of all types.
- Seeds.
- All
Agricultural Pesticide and Dry and Liquid Chemical Manures.
The Minister of Industry and
Electricity shall issue the necessary resolution in relation
to chemicals (other than dangerous explosives and chemicals
that need a license from the Ministry of Health) imported
by National Factories.
The Minister of Commerce shall
issue the necessary resolution in relation to all other imported
commodities which were not mentioned in the previous paragraphs
of this Article.
Article
Twelve
The
Competent Ministry shall issue a resolution to determine the
commodities which are to be tested by the private laboratory
before sixty days from entrusting the assignment to the private
laboratory and after advertising them in the Official Gazette
provided that the Ministry of Commerce and the Ministry of
Finance and National Economy (Customs Department) are informed
of that.
Article
Thirteen
The
owner of the commodities shall not dispose of them except
after the final result of the test is announced and he is
informed by the competent authority.
Seeking
assistance
from the Private Laboratories
for the purpose of testing commodities
produced locally and imported
Article
Fourteen
The
Competent Minister shall issue, in case of need, the necessary
resolution to seek assistance from private laboratories which
are approved and licensed for the purpose of testing commodities
produced or manufactured locally or imported commodities that
are displayed in the markets or stored in warehouses or in
factories in accordance with the control authorities entrusted
to his Ministry.
Obligations
and Duties of the Laboratory
Article
Fifteen
The
Private Licensed Laboratory undertakes as follows :
-
To make all tests required
by the approved standard specifications relating to the
commodities which it is licensed to test unless the competent
authority specified the type of tests required.
-
Application of the approved
standard specifications of the commodity referred to it.
-
Application of the method
of test mentioned in the approved standard specifications
of the commodity referred to it.
-
To confine the tests to the
commodities mentioned in the license only.
-
To have an office in the Customs
Area representing the laboratory whose assistant is sought
for the purpose of Customs Clearance.
-
To observe the professional
standard of performance and accuracy in accordance with
the basic principles of the profession in relation to the
test with honesty, sincerity and impartiality, observing
the confidentiality of the work and the safety of the equipments.
-
Keeping the records of the
results of the tests for a period of not less than five
years for reference purpose in case of need.
-
Putting the License, the organizational
framework, the technical sections, the cost of tests and
the certificate of approval issued by the authority in a
prominent place on the entrance of the laboratory.
-
To observe confidentiality
when transmitting the sample and the results of tests and
not to give any information except to the competent authorized
persons only.
-
To observe the rules of fair
competition.
Article
Sixteen
The
Private License Laboratory may - after the consent of the
Competent Ministry is obtained - seek the assistance of other
private licensed laboratories to make some tests when some
of the tests are outside the scope of its specialization without
prejudice to their joint responsibility.
Taking
of Samples
Article
Seventeen
The
imported sample shall be taken to be tested for the purpose
Customs Clearance by technicians from the Ministries of Interior,
Agriculture, Commerce or Industry or their authorized representatives
each in his specialty as provided in paragraphs (a), (b),
(c) and (d) of Article Eleven.
Article
Eighteen
The
sample from the commodities offered in the markets, stored
in warehouses or from factories shall be taken for the purpose
of testing by technical Inspectors from the Competent Ministry
each in his specialty.
Article
Nineteen
The
sample shall be taken on scientific basis in accordance with
the approved standard specifications.
Article
Twenty
The
technicians of the Competent Ministry shall deliver the sample
of the imported consignment after it is made ready to the
office representing the Laboratory within twenty four hours
from the time of taking it, attaching with it the approved
form for referring the sample to testing after filling all
information and mentioning the required tests.
Article
Twenty One
The
office representing the laboratory undertakes to transmit
the sample of the imported consignment to the laboratory by
proper scientific methods according to its type within twenty
four hours from receiving it.
Article
Twenty Two
The
technical inspector of the competent authorities shall deliver
the sample taken from the markets, factories or warehouses
to the laboratory or the representative office of the laboratory
directly attaching with it the approved form of referral of
the sample to testing after filling all information and mentioning
the required tests.
Article
Twenty Three
The
technicians of the Competent Ministry undertake to distribute
the samples equally and in a regular and organized manner
among the laboratories in case there is more than one laboratory
for a certain commodity in accordance with clear and specified
schedules which may easily be referred to, taking into consideration
- that the laboratories specialized in more than one field
represent an independent laboratory in each field.
Article
Twenty Four
The
Laboratory undertake to deliver the results of the test with
the remainder of the sample or evidence proving that it was
used up during the test to the place from which it was received
within fifteen days from the date of receipt provided that,
that place informs the Competent Ministry and the owner of
the commodity of the results of the test within a period of
not more than twenty five days from the date of taking the
sample.
Article
Twenty Five
The
owner of the sample required to be tested shall pay all the
financial cost involved in advance.
Article
Twenty Six
The
owner of the sample that failed to pass the test may object
to the result before the Competent Ministry within ten days
from the date on which he was informed of the result.
Classification
of Laboratories
Article
Twenty Seven
The
laboratories shall be classified into Ten Main Sectors which
are:
First:
Foods and Agricultural Materials Laboratories.
Second:
Pharmaceuticals and Biological Preparations Laboratories.
Third:
Herbs and Medical Plants, Sanitary Preparations
and Cosmetic Laboratories.
Fourth:
Chemical and Petroleum Substances Laboratories.
Fifth:
Electrical and Electronic Products Laboratories.
Sixth:
Mechanical and Mineral Products, Laboratories.
Seventh:
Construction and Building Materials Laboratories.
Eighth:
General Materials such as Plastic, Rubber, wood
and Paper Products Laboratories.
Ninth:
Textile and Spinning Products Laboratories.
Tenth:
Measure, Standard and Verification Laboratories.
Download
Attachment
No.1 showing lists of the commodities relating to each
sector. (Adobe Acrobat required)
Supervision
of Laboratories
Article
Twenty Eight
Checking
and investigation of violations of the law and its Implementing
Regulations shall be entrusted to the employees of the Competent
Ministry whether jointly or severally and shall be appointed
in accordance with a resolution of the Competent Minister.
Article
Twenty Nine
Any
of the employees referred to in the previous Article may,
in order to discharge their duties, may exercise the following
acts:
-
Entering the Laboratories
governed by the provisions of the law licensed or not licensed
and the warehouses, rooms and places where samples are stored
and kept which are attached to the laboratory whether these
places are assigned to this purpose or parts of them are
used as residential and the like and take samples.
-
Supervising the employees
working in the laboratory.
-
Keeping on reservation the
samples, equipments, violating equipments or equipments
suspected to be violating and the documents relating to
them and in all cases the investigation of the violations
and taking of samples for testing, attachment of commodities
or equipments and reservation of equipments shall be in
accordance with formal minutes, provided that the investigation
minutes shall include the name of the violator, date and
place of investigation, type of violation, statement of
the things investigated, their state and weight if possible
provided that the minutes are signed by each of the investigator,
the owner of the laboratory or its manager or the person
in-charge of the employees or one of the employees in the
place of investigation and if he refuses to sign that shall
be stated in the minutes.
Article
Thirty
The
investigation officers shall observe confidentiality and good
conduct and shall submit to the person concerned a proof of
their identity and their official capacity and the purpose
of the visit.
Article
Thirty One
The
investigation officers shall conduct the investigation procedures
by summoning the violator and those required for investigation
and face them with the violation and the evidence available
against him and give him the opportunity if he requested to
submit his comments in writing and raise his defenses and
examine the defense provided that the violator sign each reply
and the investigation officer as soon as the investigation
is completed shall prepare a statement of the facts of the
case and the file shall be referred to the competent department
to institute the penal suite provided that the said department
shall inform the Authority of the result of the investigation.
Article
Thirty Two
The
investigation officers may seek the assistance of the Security
authorities in case the owner of the laboratory or one of
the employees refuses to enable the competent officers from
performing their duties.
Article
Thirty Three
The
competent department determined by the Competent Minister
shall institute the penal suite and follow-up its proceedings
and represent the public right before the Board of Grievance
and may in this respect appoint a general prosecutor to initiate
the suits and represent the public right therein.
General
Provisions
Article
Thirty Four
The
provisions of the law shall apply to all private laboratories
prepared for the purpose of testing commodities provided that
the private laboratories existing before the coming into force
of the provisions of this law shall be given a period of two
years from the date of its effectiveness to modify their positions
to obtain the required license.
Article
Thirty Five
A
Licensee to operate a laboratory shall not assign the license
or terminate the activity finally unless the consent of the
Competent Ministry is obtained.
Article
Thirty Six
The
Competent Ministry shall provide the Ministry of Commerce
with copies of the licenses and any amendment thereof.
Article
Thirty Seven
The
Competent Minister shall constitute the Competent Committee
referred to in paragraph "b" of Article Seven to
study the maximum cost of the tests provided by the applicant
of the license and issue the necessary recommendation.
Article
Thirty Eight
This
Implementing Regulation shall be published in the Official
Gazette and shall come into force from the date of publication.
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application
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