Product Safety Law

The Product Safety Law is the regulatory framework governing the safety of products available in markets across the Kingdom of Saudi Arabia. It aims to protect consumers by preventing the risks associated with products in the market and clarifying the approach to handling hazards related to these products.

The Product Safety Law was issued by Royal Decree on August 4, 2024, and by a Council of Ministers decision on July 30, 2024. It consists of thirty-seven articles.

The provisions of the Product Safety Law apply to all products, including those traded through electronic means, except for products under the jurisdiction of the Saudi Food and Drug Authority (SFDA).

A set of principles is observed when applying the provisions of the Product Safety Law, including the proportionality of requirements, corrective measures, and prescribed penalties in accordance with the severity of the violation, non-discrimination between local and imported products available in markets, and transparency in the application of the law's provisions.

The Product Safety Law prohibits the manufacturing, importation, marketing, distribution, or advertisement of unsafe products. A product is classified as safe if, under normal usage conditions, it does not pose a risk or only presents acceptable risks that comply with defined safety levels, ensuring the protection of consumers, property, and the environment while meeting all essential requirements. In the absence of essential requirements or relevant technical regulations, a product is considered safe if it conforms to Saudi standards, regional standards, or international standards.

The law emphasizes adherence to a set of principles when assessing whether a product is safe, including its effect on other products when used together, its characteristics such as composition, usage instructions, structure, and repair process, the consumer who may be exposed to risk when using the product, the method of product presentation, including labeling, information disclosure, usage instructions, warnings, and disposal guidelines, as well as other relevant indicators and information, and the consumer's legitimate expectations regarding product safety.

Under the law, the possibility of achieving higher safety levels for a product or obtaining another product with lower risk is not sufficient grounds to consider the product unsafe.

According to the Product Safety Law, if an economic operator has its own tracking system, it must be linked to the Saudi Standards, Metrology, and Quality Organization (SASO). If the operator does not have its own tracking system, the organization may require it to adhere to its tracking system in exchange for a fee.

The law stipulates that technical regulations must include all necessary information and requirements to verify the product’s safety for use or consumption. These include references to Saudi, national, regional, or international standards; essential and other applicable requirements for the product or product category; conformity assessment procedures; applicable risk assessment methods; determination of the contents and format of technical documentation for preparation and availability; the type and nature of information provided to consumers; requirements related to terminology, symbols, and packaging; and the placement of labels or markings on the product.

Under the Product Safety Law, competent authorities may seek the services of conformity assessment bodies, provided they are approved by the SASO, to conduct a conformity assessment for a specific product. Approved bodies must maintain professional confidentiality regarding all practices, facts, and information obtained through their assigned tasks. Conformity assessment bodies are responsible for the services they provide or subcontract to third parties.

The Product Safety Law stipulates that the competent authorities monitor markets in accordance with the rules, procedures, and tasks specified by the regulations. SASO is responsible for ensuring compliance with all requirements imposed on economic operators and the essential requirements applicable to products available in the market. It is also tasked with developing a national strategy for product safety and market surveillance, overseeing its implementation after approval, updating it periodically, and maintaining the minimum conformity index for products in the market.

According to the Product Safety Law, inspectors are responsible for detecting and documenting violations of the law and regulations. They are authorized to issue violation reports, enter economic operators' establishments, warehouses, storage facilities, transportation means, or other locations at any time to conduct inspections. They may also close the site where the violation occurred until the inspection procedures are completed, summon the parties involved in the violation, record their statements, document them in official reports, review all documents, records, files, complaints, invoices, and other relevant materials, and obtain copies of them. None of these documents may be withheld from them. Additionally, they have the authority to seize non-compliant or suspected non-compliant products, along with their related documents, collect product samples for testing by a conformity assessment body, and retain the documents and information file collected to prove the violation or investigate those involved in the same violation.

The Product Safety Law holds the manufacturer liable for any damage resulting from a defect in a product available in the market. The law defines a manufacturer as any of the following: the producer, the manufacturer of any raw material, the manufacturer of partial products, and any person who, as a manufacturer, places their name, trademark, or any other distinguishing mark on the product. If the manufacturer is based outside Saudi Arabia, the importer or the authorized representative assumes all legal responsibilities and obligations. If the identity of the manufacturer or the importer responsible for placing the product on the market cannot be determined regarding damages caused by a product defect, all economic operators bear joint liability for such damages unless the identity of the manufacturer or, in the case of imported products, the importer is disclosed within a reasonable period. This provision applies even if the manufacturer’s identity is known, without prejudice to the right of any economic operator to seek recourse against another economic operator.

The Product Safety Law provides for the formation of a committee composed of five members, including at least three legal advisors, one of whom serves as the chair. This committee is responsible for imposing penalties, enforcing corrective measures on economic operators, and requesting the competent court to order the confiscation of non-compliant products. Those who receive a penalty decision may appeal it to the administrative court within sixty days from the date of notification. The remuneration of the committee members is determined by a decision of the Board of Directors of SASO.

Any person who violates any provision of the Product Safety Law or its regulations is subject to one or more of the following penalties: a warning, a fine not exceeding SAR10 million, and the closure of the establishment for a period not exceeding one year. The decision imposing the penalty may include a provision requiring the publication of a summary of the decision at the offender’s expense in a local newspaper issued in their place of residence. If no such newspaper exists, the summary may be published in the nearest region or through any other appropriate means, depending on the nature, severity, and impact of the violation. The publication must take place after the decision becomes final upon the expiration of the statutory period or once the issued court ruling attains finality.

Any person who deliberately offers an unsafe product that causes harm to consumers is subject to imprisonment for a period not exceeding ten years. The Public Prosecution is responsible for investigating and prosecuting violations.