Alqanoni

Food Law

Art. 36
Status unknownSaudi ArabiaRegulation

Issued by Ministry of Investment (misa.gov.sa)

First: a) Without prejudice to any penalty provided for in any other law, a violator of the provisions of this Law or its regulations shall be punished by one or more of the following penalties: 1. A fine of not more than one million riyals. 2. Barring the violator from engaging in any food-related business for not more than 180 days. 3. Suspending the license for not more than one year. 4. Revoking the license. b) The penalty may be doubled in case the violation is repeated. c) If the violation involves intentional circulation of a harmful, adulterated, or prohibited food item, the penalty shall be imprisonment for not more than 10 years or a fine of not more than ten million riyals, or both penalties, in addition to penalties stipulated in paragraphs 2, 3, and 4 of Clause (First)(a) of this Article. Second: SFDA shall impose the penalties stipulated in paragraphs 1, 2, 3, and 4 of Clause (First)(a) of this Article in accordance with the classification of violations and determination of penalties approved by the Board. Penalties shall not be effective unless approved by the Chairman or his designee. The Regulations of this Law shall specify relevant controls and procedures. This shall not prejudice Food Law SFDA’s power to take any precautionary measures it deems necessary. Third: If the violation mandates imprisonment, it shall be referred to the Bureau of Investigation and Public Prosecution for investigation. The Bureau of Investigation and Public Prosecution may refer the case to the competent court, if it deems fit. Fourth: Any final decision or ruling shall be published at the expense of the violator in three local newspapers in the area where the food establishment is located and the area where the violation has occurred. Fifth: A person against whom a punishment decision is issued by SFDA may appeal the decision before the Committee referred to in Clause (Sixth) of this Article within 30 days from the date of notifying him of the decision. Sixth: The Board shall form one or more committees, comprising at least three members, one of whom shall be a legal advisor. The committee(s) shall consider the following: 1. Violations and imposition of penalties stipulated in paragraph (First)(C) of this Article, except for the penalty of imprisonment and issuance of the proper decision thereon. Such decision may be challenged before the Administrative Court within 60 days from the date of notification thereof. 2. An appeal raised by a concerned party against SFDA’s penalty decision. The committee shall decide on the appeal within a period not exceeding 60 days. If such period lapses without deciding on the appeal or if the violator does not accept the decision of the committee, the violator may appeal the penalty decision before the Administrative Court. If the Administrative Court revokes the penalty decision issued by the committee or SFDA, it shall consider the violation and impose the proper penalty stipulated in this Article.

The Arabic text is the legally binding version. The English translation is provided for guidance only.

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