The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
1 :
As
regards the implementation of the provisions of this Law,
any clarification related, whether directly or indirectly,
to the following shall be considered as commercial data:
-
Number of goods, their quantity,
size, volume, capacity, weight, production date, or expiry
date.
-
Place or country where they
were manufactured or produced.
-
Components of their composition.
-
Name of producer or manufacturer
or his attributes.
-
Patents or other industrial
proprietary rights or any concessions, rewards, or commercial
or industrial features.
-
Nomenclature or form by which
some goods are normally defined or evaluated.
Article
2 :
The
commercial data shall be at least in Arabic and shall be truthful
in all aspects, be it placed on the products themselves, on
the shops or warehouses or their addresses, packaging, invoices,
letterheads, or advertising venues, or otherwise as may be
used in displaying goods to the public.
Article
3 :
Medals,
diplomas, rewards, or honorary degrees of any kind may not
be indicated except for products to which such distinctive
features apply, and for trade marks, and persons who acquired
such distinctive features and to those who have succeeded
to such rights. Such indication, however, shall include correct
data relevant to the date, type, and the authority which granted
such distinctive features. A party which participates in the
display of products with others may not use for its own products
those distinctive features awarded on jointly displayed products
unless the source and type of distinctive features are indicated
clearly.
Article
4 :
The
seller's name or address may not be affixed to products imported
from a country other than that where the sale takes place,
unless accompanied by a precise statement legibly written,
indicating the country or place where the product was manufactured
or produced. Persons residing in an area well known for manufacturing
or producing certain products, and who trade in similar products
imported from another area, may not use their trade marks
on such similar products in a way that could be misleading
to the public as to the origin of such products, even if such
marks may not bear names or addresses of those persons, unless
proper measures are taken to avoid confusion.
Article
5 :
A
manufacturer who owns a main factory in a certain area may
not use the designation of such area on products manufactured
for his own account in another area, unless such designation
is coupled with the indication of the other area in a way
that precludes any confusion.
Article
6 :
Where
quantity, size, volume, capacity, weight, origin, or ingredients
of products are factors in determining their value, then import,
sale, or display for sale of such products may be barred by
a decision of the Minister of Commerce, unless such products
bear one or more of such data. The method of affixing such
data on the products and, when not possible, the alternative
measures to be used, shall be determined by a decision of
the Minister of Commerce.
Article
7 :
Without
prejudice to any harsher punishment, anyone violating the
provisions of this Law shall be punished with a fine not exceeding
one hundred thousand riyals. In case of repeated violation,
the punishment shall be doubled, and the place of business
closed for a period not exceeding a year.
Article
8 :
Competent
officers of the Ministry of Commerce are entrusted with inspecting
and recording violations to the provisions of this Law.
Article
9 :
The
Bureau of Investigation and Prosecution shall have the jurisdiction
to investigate violations to the provisions of this Law and
to prosecute such violations before the competent juridical
authority.
Article
10 :
The
Board of Grievances shall have the jurisdiction to adjudicate
violations and disputes arising from implementation of the
provisions of this Law.
Article
11 :
The
Board of Grievances may render a judgment to confiscate seized
items and sell whatever is sellable and to deduct its value
from the compensation and fines which may be imposed, and
destroy the remaining or dispose of it in the manner it may
deem appropriate. The Board may render a judgment to publish
the decision of conviction, confiscation, or destruction in
one of the daily newspapers issued in the area of residence
of the convicted at his expense.
Article
12 :
Without
prejudice to the right of the parties concerned to claim compensation
for damages arising from the use of untruthful data, they
may at any time, even prior to filing any lawsuit, resort
to the Board of Grievances to take the necessary protective
measures.
Article
13 :
The
Minister of Commerce shall issue the Implementing Regulations
and decisions necessary for the implementation of the provisions
of this Law within one hundred and eighty days from the date
of its issuance.
Article
14 :
This
Law shall be published in the Official Gazette and become
effective from the date of its publication
Implementing
Regulations of the
Law
of Commercial Data
Article
1 :
Commercial
data are the clarifications which must be affixed, directly
or indirectly, to the goods or products to identify them or
their distinctive features.
Article
2 :
The
producer or importer undertakes to write the mandatory commercial
data on each unit of the goods or products he produces or
imports, on the package of that unit and on the container
that contains more than one unit, in an indelible manner.
Article
3 :
The
following data are considered mandatory:
-
Number of goods, their quantity,
size, volume, capacity, weight, and production or expiry
dates.
-
Place or country where they
were manufactured or produced.
-
Components.
-
Name of producer or manufacturer.
Article
4 :
If
the commodity affects or relates to the health of humans,
animals or the environment, the clarification relating to
the components of their composition shall include the following:
-
Clarification as to whether
the product is genetically modified altered or includes
some of the same.
-
Clarification as to whether
the commodity contains hazardous materials and the extent
to which it is hazardous.
-
Clarification as to whether
the product was treated by radiation.
Article
5 :
All
mandatory and optional commercial data shall be written in
Arabic, in a clear manner, and shall be true in all aspects.
It may be written in another language in addition to Arabic,
but the Arabic version shall be overriding.
Article
6 :
In
accordance with provisions of Article Six of the Law of Commercial
Data it is prohibited to import or sell products that do not
carry any of the mandatory data provided for in Articles Three
and Four of these Regulations.
Article
7 :
It
is prohibited to affix any data to a product including trademarks,
which imply that the geographical area of origin of the product
is other than its real origin.
Article
8 :
If
the manufacturer owns more than one factory in more than one
country, he and the importer must state the name of the country
where the commodity was produced, and if the stages of production
are carried out in more than one country, this must be given
in detail by stating the stages of production in each country.
It is not sufficient to state the name of the place where
the main factory is located.
Article
9 :
The
seller, the person to whose account the goods are distributed,
the managers of companies, co-operatives, establishments and
stores are liable, along with the producer or the importer,
for all violations of this Law that occur within their authority.
Each of them shall be subject to the penalties prescribed
for the violator, and each shall be assumed to be aware of
the violation, but he is entitled to deny this by all means
of proof.
Article
10 :
The
General Department for Combating Commercial Fraud and the
branches of the Ministry shall receive complaints and reports
relating to violations of the provisions of this Law.
Article
11 :
Detecting
inspectors appointed by the Minister of Commerce shall be
entrusted, jointly or severally, with detecting violations
of the provisions of the Law and the decisions issued for
its implementation, protective seizure of goods subject of
the violation, the documents relating to them, taking of samples,
seizure of the items strongly suspected to be in violation
of the Law, and investigating the violators. They may, for
this purpose, enter places, stores and warehouses where the
commodities governed by the provisions of this Law are found,
in addition to annexed warehouses and means of transport,
whether these places are wholly or partially designated for
said commodities.
Article
12 :
Officials
appointed pursuant to a decision by the Minister of Commerce
shall have the capacity of judicial detection officers with
regards to the application of the provisions of this Law,
and they may seek the assistance of police departments and
coordinate with municipalities and relevant agencies.
Article
13 :
Detection
of violations, collection of samples, seizure and handover
of goods, lifting of seizure and protective seizure of documents
shall be in accordance with official records, on the forms
prepared by the General Department for Combating Commercial
Fraud, provided that they indicate the place and date of detection,
the name of the violator, the type of violation, a list and
description of items detected. The records shall be signed
by the detecting officer and the owner of the store, the manager
or the person in charge of the place where the detection occurred.
If he refuses to sign, this shall be indicated in the record.
Article
14 :
The
General Department for Combating Commercial Fraud and the
competent branch of the Ministry shall, within two days from
the date of detecting the violation, send the sample for analysis
to the competent authority and keep two other samples identical
to the sample sent.
Article
15 :
The
goods or products seized in accordance with this Law shall
be dealt with as follows:
-
If the violation is not related
to the goods or products themselves and does not affect
human, animal or environmental safety and health and the
correction conforms to the Saudi standard for the commodity,
it shall be corrected by removing the causes of the violation,
through mentioning the missing clarification or correcting
the faulty clarification in a clear manner that does not
allow alteration or tampering with it, whether these data
are mentioned in its label, description, the methods of
advertisement, promotion or otherwise.
-
If the violation affects the
safety and health of humans, animals or the environment,
or the correction does not conform to the standard of the
commodity, it shall be disposed of in accordance with the
directives of the Board of Grievances.
-
Completing or correcting of
the data shall not prevent infliction of the punishment
set by law in case the violation is proved.
Article
16 :
The
General Department for Combating Commercial Fraud and the
competent branch of the Ministry shall, within two weeks from
the date of detecting the violation, complete the investigation
thereon, prepare a memorandum on the facts of the subject-matter
and lift the seizure, if its purposes are fulfilled, or confirm
its continuity and specify the violation, the grounds for
conviction and specify the articles of the Law violated; then,
refer the file of the violation with a sample of the product,
subject of the violation, to the Bureau of Investigation and
Public Prosecution or its competent branch to take charge
of the investigation and prosecution before the Board of Grievances.
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