Law No. 8 of 1990 Regulation of Human Food Control

طباعة
 
Section: Chapter Five (24-32)

  • Article 24 

    1.       Without prejudice to any harsher punishment as set out by another law, a penalty of imprisonment of not less than six months and not more than one year, or a fine of not less than seven thousand (7000) riyals and not more than fifteen thousand (15000) riyals, or both, shall be imposed on any person who knowingly engages in one or more acts of human foodcirculationfor the purpose of exchange against consideration when it is rotten, damaged or otherwise unsuitable for human consumption.
    1. The minimum and maximum limits of the punishments in paragraph 1 may be doubled upon a second commission of the offence, or if the food is found to be harmful to human health, or debased, or violates the specifications in a manner that is harmful to human health.
    2. A penalty of imprisonment of not less than two years and not more than four years or a fine of not less than fifteen thousand (15000) riyals and not more than thirty thousand (30000) riyals shall be imposed if the commission of the offence causes permanent disability to any person.
    3. The minimum and maximum limits of the punishments in paragraph 3 may be compounded if the commission of the offence causes the death of any person. Unless the good faith of the defendant and the source of the food are proved, the defendant shall be presumed to have engaged knowingly in trading or peddling food banned from circulation.

  • Article 25 

     Any person who attempts to commit an offence set out in this Law shall receive the same sentence imposed for the consummate offence. In all cases the aforesaid sentences shall apply irrespective of whether the purchaser or the consumer knew the condition of the circulated food or admits to accepting it in such condition.

  • Article 26 

     a. Without prejudice to any harsher punishment as prescribed by another law, imprisonment for a period of not more than one year or a fine of not more than fifteen thousand (15000) riyals, or both, shall be imposed on any person who violates the provisions of Articles 10,  11,  12,  13,  14,  15,  16,  17  and  18  of this Law, as well as its executive resolutions.
    b. Any person who attempts to commitsuch offences shall be punished with the same prescribed punishment for the consummate offence.

  • Article 27 

     Without prejudice to any harsher punishment as prescribed by another law, imprisonment for a period of not less than two weeks and not more than two months, or a fine of not less than three hundred (300) riyals and not more than two thousand (2000) riyals, or both, shall be imposed on any person who disposes of seized or confiscated food as described in Article 20 of this Law without the approval of the competent administrative authority.

  • Article 28 

     In all cases prescribed in Articles 24, 25 and 26 of this Law, the following orders, in addition to the original sentences, shall be issued:
     
    1. Confiscation or destruction of food seized pursuant to an offence at the expense of the defendant. Where a case is not filed due to the death of the defendant, or the defendant was acquitted at trial, or for any other reason, the competent minister shall issue a decision to confiscate food whose analysis proves a violation of the trading bans prescribed by this Law.
    2. Closure of the shop or place in which an offence is committed for a period of not less than one month and not more than three months. These closure periods may be doubled upon a second commission of the offence.
    3. Publication of a summary of the sentence imposed in one or two local daily newspapers at the expense of the defendant.
    4. Deportation, should the defendant be a foreigner, but only after any imposed sentence has been properly and fully executed.

  • Article 29 

     There may be no moratorium on the execution of a sentence by way of a fine in the cases set out in this Law.

  • Article 30 

     The following offences shall be deemed similar if re‐committed:
     
    1. Offences set out in this Law and offences set out in the Law of Trademarks and Trade Data No.  3 of 1978, referred to above.
    2. Offences set out in Law No.  21 of 1972 on the standardisation of measures, scales and weights, referred to above.
    3. Offences set out in any other law pertaining to the elimination of fraud and deceit.

  • Article 31 

    1.       Where an offence is committed by a company, a corporation, an association or other private jurstic entity, its legal representative shall be deemed an accomplice and punished in accordance with the penalties described in this Law.
    1. For purposes of this Article, the legal representative referred to above means the chairperson, legal manager, managing director, member of the board of directors, or any person authorised to act on their behalf.
    2. Such legal representative may be acquitted if it proves that:
    a. The legal representative had no knowledge of the offence committed; or
    b. The offence was committed against the will of the legal representative; or
    c. The offence was intended to cause damage to the company, corporation, or association represented thereby; or
    d. The legal representative acted on behalf of another person or took all reasonable precautions to prevent the offence from being committed.

  • Article 32 

    a.       Without prejudice to the sentences set out in this Law, and upon a reasoned administrative resolution by a director of a competent municipality or competent department in the Ministry of Municipal Affairs and Agriculture for areas outside the jurisdiction of municipalities, each within their jurisdictions, any shop that sells rotten, contaminated or damaged food, or food otherwise unsuitable for human consumption or harmful to health or debased; or food that violates the specifications and is harmful to human health may be closed.
    1. Such closure shall be for a temporary period of one month for the first violation, two months for the second violation, and three months for the third violation.
    2. In all cases, the closure shall affect the entire shop if circumstances do not permit a limited closure of only that section in which the violation occurred, provided that the costs resulting from such closure shall be borne by the offender.
    3. The person affected by the closure decision may appeal to the Minister of Municipal Affairs and Agriculture in accordance with the provisions of Article 19 of Law No. 3 of 1975 regarding commercial, industrial and similar public premises.

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