Saudi Arabia: New laws for product safety and standards and quality.

 

Recently, two major product safety regulations entered into force in Saudi Arabia:

• the Standards and Quality Law, and
• the Product Safety Law.

The Saudi Standards, Metrology and Quality Organization (SASO) serves as the primary authority responsible for overseeing the implementation of the New Laws. SASO’s mandate includes the development of national strategies, the review and updating of standards, and the enforcement of compliance. As part of its responsibilities, SASO is tasked with forming a Product Safety and Control Committee to coordinate efforts aimed at ensuring product safety, formulating relevant policies, and proposing new standards and regulations. Additionally, SASO will designate inspectors who are legally authorized to detect and verify violations related to both the New Laws and their respective implementing regulations.

To ensure that standards are upheld in accordance with the Copyright Protection Law, SASO will also collaborate closely with the Saudi Authority for Intellectual Property (SAIP) to enforce the New Laws from the standpoint of copyright protection.

The Standards and Quality Law is designed to ensure the safety and quality of products by establishing a robust and comprehensive framework of standards and guidelines. Comprising twenty-four articles, this law governs the regulation of product quality and standardization, guarantees non-discrimination between domestic and imported goods, requires adherence to established quality standards, and supports enhanced coordination and transparency among relevant regulatory bodies.

Key areas governed under the Standards and Quality Law include:

1. Guiding Principles for Standardization:
   The law underscores the participation of relevant authorities in the drafting, adoption, and approval of standards. It promotes transparency throughout the standardization process and ensures that Saudi standards align with international and regional benchmarks. The law also aims to maintain fairness between locally produced and imported products.
2. Public Access and Transparency:
   The law mandates that standards, along with all related documents, must be made accessible to the public to ensure openness and accountability.
3. Sustainable Development and Trade Facilitation:
   The law supports sustainability objectives by encouraging efficient use of resources and energy, promoting sustainable patterns of production and consumption, and facilitating trade. This is achieved through the elimination of unnecessary technical barriers and the enhancement of product and service quality.
4. Compliance and Enforcement:
   Failure to comply with the law may result in various penalties including warnings, monetary fines, or other sanctions as outlined in the implementing regulations. Violations involving the misuse of quality marks issued by SASO may result in penalties such as suspension of the certificate or marks for up to one year, cancellation of certification, and fines reaching up to one million Saudi riyals.

The Product Safety Law introduces significant reforms aimed at safeguarding consumer safety within the Kingdom by regulating market products and prohibiting the sale and use of unsafe goods. Consisting of thirty-seven articles, the law outlines the framework for product safety and compliance, prohibits discrimination between local and imported products, mandates the removal of unsafe products from the market, and enhances inter-agency coordination and transparency.

Key provisions under the Product Safety Law include:

1. Duties of Market Participants:
   The law assigns specific responsibilities to manufacturers, authorized representatives, and importers, requiring them to ensure that products are safe, comply with relevant technical regulations, conduct appropriate risk assessments, and provide essential safety information to consumers. Distributors also bear responsibility for supporting compliance, avoiding the sale of non-conforming products, and participating in necessary corrective actions.
2. Conformity Assessment:
   Products must undergo conformity assessment procedures to verify compliance with technical regulations and safety standards prior to being introduced into the market. Conformity assessment bodies are obligated to operate in accordance with the New Law, maintaining confidentiality, impartiality, and precision in their evaluations.
3. Penalties and Liabilities:
   Non-compliance with the law may result in enforcement actions such as warnings, fines of up to ten million Saudi riyals, or the temporary closure of facilities for a period of up to one year. In the case of minor infractions, an initial grace period may be granted to enable corrective action before penalties are imposed. Severe violations—such as the intentional marketing or display of unsafe products—can result in imprisonment for up to ten years. Moreover, manufacturers will be held liable for damages resulting from product defects.
4. Transparency and Coordination:
   The law places strong emphasis on transparency and coordinated implementation, encouraging the active participation of all stakeholders. This inclusive approach fosters trust and collaboration among government agencies, the private sector, and consumers.

To find out more about product compliance in Saudi Arabia, do not hesitate to contact the Product Compliance Institute.