Please ensure Javascript is enabled for purposes of website accessibility
LegalApp

Cabinet Resolution Concerning the UAE Scheme to Control Detergents

The last update on this law was listed on 02 Sep 2024

Issued Date

02 Sep 2024

Effective Date

17 Sep 2024

Official Gazette Date

16 Sep 2024

Official Gazette No

783

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Article (1) Definitions

In the application of the provisions of this Resolution, the following words and expressions shall have the meanings indicated opposite each of them unless the context requires otherwise:
State: United Arab Emirates (UAE).
Ministry: Ministry of Industry and Advanced Technology.
Minister: Minister of Industry and Advanced Technology.
Competent Authorities: The federal and local government authorities in the State that falls within its jurisdiction to implement any of the provisions of this Resolution.
Approved Standard Specifications: The standard specifications approved by the Ministry, which are referred as the UAE Standard Specifications and shall be abbreviated as (UAE.S).
Certificate of Conformity: The certificate issued by the Ministry, which confirms that the conformity of the detergent or any batch thereof with the requirements of the approved Standard Specifications.
Emirates Conformity Assessment Scheme (ECAS): The scheme issued by the Ministry, for confirming whether the detergent meets the requirements specified in the approved Standard Specifications, directly or indirectly, through specific procedures conducted by the Ministry, such as examination, inspection, testing, calibration or audit to grant the Conformity Certificates.
Conformity Assessment Body: A Body registered, approved or accepted by the Ministry to carry out the Conformity Assessment Procedures in accordance with the relevant Legislation; including testing and calibration laboratories, inspection bodies, merit-testing bodies and certification bodies for systems, individuals or products. The exception shall be medical laboratories, research and development laboratories that are used for personal, training or educational purposes.
Supplier: Anyone whose activity has an impact on the characteristics of detergents, including the Manufacturer, packager, processor, importer, warehouse of detergents, or any major or subsidiary distributor or any commercial or legal representative who is responsible for the import, installation, and operation of the detergents subject to the provisions of this Resolution, and who carries out his activity through a licensed company or individual establishment in the State in accordance with the relevant legislation.
Detergent: Any substance or mixture that contains soap and/or a surfactant, used in washing and cleaning operations, and comes in forms (such as liquid, gel, powder, paste, pieces, blocks, moulded pieces, or other forms). This product is marketed for use in household consumer purposes.
Supply Chain: All the stages that the detergent goes through, starting from the primary production until it arrives the consumer, including its import, export, manufacture, preparation, processing, packaging, installation, transport, storage, distribution, introduction, offering, wholesale or retail sale and any other relevant process.
Consumer: Any person who obtains a commodity or service with or without payment, satisfying his personal needs or the others needs.
Offering: Any activity or procedure that aim at selling, offering, trading, marketing, promoting or introducing the detergent to the Consumer, with or without a payment.
Consignment: A specified quantity of detergent of the same type or category, imported by a single supplier from one country and through a single means of transportation, and subject to a single customs declaration.
Batch No.: ID number recorded on detergents that refers to a batch of detergents manufactured at the same time. The batch number allows for tracking the detergents for quality control and management purposes.
 

Article (2) Scope of Application

The provisions of this Resolution shall apply to the following:
1. All types of detergents specified in the approved technical regulation outlined in Annex No. (1) attached to this Resolution.
2. Big consignments of detergents imported for the purpose of repackaging within the State.
3. Detergents offered in the markets of the State, including free zones or those prepared for export outside the State.
 

Article (3) Supplier's Obligations

The supplier shall, at any stage of the supply chain, perform the following:
1. Provide all the following technical requirements relevant to the detergent, proving its conformity with the approved technical regulation outlined in Annex No. (1) attached to this Resolution to the relevant authorities:
    a. Material Safety Data Sheet (MSDS).
    b. Ingredient Declaration Sheet (IDS).
    c. Internal analysis certificate issued by the manufacturer according to the quality standards of the manufacturing company.
    d. Product Artwork of the detergent.
2. The reports referred to in Clause (1) of this Article shall adhere to the technical terms stated in Annex No. (3).
3. Prepare a Material Safety Data Sheet (MSDS) that includes detailed information about the ingredients of the detergent formulation and present it to the competent authorities upon request.
4. The Material Safety Data Sheet (MSDS) shall be in accordance with the International Union of Pure and Applied Chemistry (IUPAC) naming system, the Chemical Abstracts Service (CAS) number, or according to the International Nomenclature of Cosmetic Ingredients (INCI) and the European Pharmacopoeia, including the materials in the detergent formulation in descending order by weight, without mentioning weight percentages, excluding impurities that are not considered part of the detergent formulation, as follows:
    a.  (10%) or more.
    b. More than (1%) and less than (10%).
    c. More than (0.1%) and less than (1%).
    d. Less than (0.1%).
5. Make the Material Safety Data Sheet (MSDS) available for public review, ensuring it does not contain any of the following details:
    a. Permissible weight percentage ranges.
    b. Ingredients of fragrances and essential oils.
    c. Ingredients of colouring agents.
6. Cooperate with the Ministry, the competent authority and its inspectors, and provide a final report on the safety of the detergent upon request.
7. Ensure that the detergent conforms to the requirements of this Resolution.
8. Fulfil the requirements of quality management systems (ISO 9001) and good manufacturing practice guidelines acceptable to the Ministry when applying for a conformity certificate.
 

Article (4) Label

1. The packaging of detergents intended for sale or repackaging within the State shall include the following clarifying information:
    a. The commercial name of the supplier, their address, and trademark, if any. 
    b. Providing a tracking system for the detergent through the batch number, which must be in one of the following formats:
    c. The detailed production date of the batch (day, month, and year).
    d. The supplier’s batch code that allows the detergent to be tracked.
    e. The country of origin and whether the detergent was manufactured under a licensed registered trademark.
    f. The ingredients used in the formulation, as indicated in Annex No. (2) attached to this Resolution, in addition to determining any allergenic fragrance substances, if any.
    g. Net weight (kg or ml).
    h. Purpose of Use.
    i. Usage and storage instructions.
    j. The shelf life, provided that it shall be stated in one of the following formats:
        1. Production and expiration date.
        2. Period After Opening (PAO).
        3. Production date, along with the time period suggested by the supplier for use after production.
2. The labelling information referred to in Clause (1) of this Article must:
    a. Be written in Arabic and English languages for all warning phrases, while other details may be written in Arabic, English or both.
    b. Be written in a clear, indelible font.
    c. The label shall comply with the approved technical regulation outlined in Annex No. (1) attached to this Resolution.
3. The provisions of this Article apply to all detergents imported for repackaging within the State.

Article (5) Requirements to Obtain Certificate of Conformity

The supplier shall meet the following requirements in order to obtain the Certificate of Conformity:
1. The Conformity Assessment Body responsible for assessing the detergent must meet the terms and requirements outlined in Cabinet Resolution No. (35) of 2015 regarding the UAE Scheme to Control Conformity Assessment Bodies.
2. The Supplier shall adhere to the forms approved by the Ministry to obtain a Certificate of Conformity and the requirements stipulated in this Resolution.
3. Compliance with the approved technical regulation outlined in Annex No. (1) attached to this Resolution.
4. The detergent must meet the requirements of the approved model (B) in the UAE Conformity Assessment System (ECAS).
5.  The detergent must meet the metrological requirements of the approved standard specification (UAE.S GSO OIML R87) concerning the quantity of product in pre-packaged containers.
6. It shall be prohibited to add phosphate to the following prepared detergents, and the phosphate and phosphorus-containing compound content must meet the following limits, calculated as phosphorus content in each recommended dose by the manufacturer:
    a. (0.3) grams of phosphorus per recommended dose for automatic dishwasher detergent as indicated on the detergent packaging by the supplier.
    b. (0.5) grams of phosphorus per recommended dose for laundry powder and liquid detergents, as indicated on the detergent packaging by the supplier.
 

Article (6) Control and Market Survey

1. The Ministry and the competent authorities may withdraw samples of detergents for necessary testing to ensure they comply with the requirements stipulated in this Resolution.
2. All sales outlets in the State shall be prohibited from displaying or selling detergents subject to the provisions of this Resolution unless these detergents are registered under the UAE Conformity Assessment Scheme (ECAS) or have obtained a Certificate of Conformity.
3. The Supplier from whom the detergent sample is taken shall be deemed responsible for the Product non-conformity to this Resolution requirements, unless proven otherwise, during the period specified by the Ministry or the Competent Authority, as the case may be.
 

Article (7) Violations

1. If any violation of the provisions of this Resolution is detected, the Ministry or the Competent Authority, as the case may be, shall take the necessary measures to remove this violation and its consequences, and for this purpose it may:
    a. Assigning the supplier responsible for offering the violating detergent to withdraw it from the market with the aim of correcting its situation, returning it to the State of origin, or destroying it within the period of time determined by the Ministry or the Competent Authority, as the case may be.
    b. The Competent Authority shall take all necessary measures to withdraw, seize, or destroy these detergents, or any other necessary measures to remove the committed violation. It may announce the withdrawal of the detergent from the market, with the supplier bearing all costs resulting thereof.
2. Without prejudice to any severer penalty stipulated by the applicable legislations in the State, the Ministry has the right to take appropriate measures against detergents that do not comply with this Resolution, including the withdrawal or cancellation of the Certificate of Conformity for non-compliant detergents, and the removal of non-compliant detergents from the market in accordance with the applicable legislations in this regard.
 

Article (8) Final Provisions

1. The technical regulation indicated in Annex No. (1) attached to this Resolution shall be deemed obligatory to be applied in the State.
2. The Ministry shall be responsible for implementing the provisions of this Resolution, and it may delegate some of its powers to the competent bodies to control the detergents subject to the provisions of this Resolution.
3. The Ministry shall review, approve applications for registration and conformity of detergents covered by the provisions of this Resolution, and grant applicants Certificates of Conformity. The Ministry may also delegate any of the competent authorities to register and assess the conformity of these detergents.
4. The competent authority in each Emirate shall be responsible for ensuring the supplier’s compliance with the provisions of this Resolution and the conformity of the detergents to the technical regulation stipulated in Annex No. (1) attached to this Resolution, including inspection, control, examination and analysis, in coordination with the Ministry.
5. The Minister may amend any of the requirements contained in the Annexes attached to this Resolution, or adopt any other standard specification required for the implementation of this Resolution, in accordance with the legislation in force in this regard.
6. This Resolution shall not prevent inspectors of the Competent Authorities, in coordination with the Ministry, from conducting other examinations and tests to ensure that the detergents comply with the mandatory requirements stipulated in other technical regulations.
7. All entities subject to the provisions of this Resolution shall provide the Ministry and the Competent Authorities with all the assistance and information they request related to the implementation of provisions of this Resolution.
8. Should any situation arise that cannot be dealt with under the provisions of this Resolution, or should any dispute arises in the interpretation or application of this Resolution, such situation shall be referred to the Minister to issue the Resolution he deems appropriate concerning such situation or dispute by which the public interest is fulfilled.
 

Article (9) Transitional Provisions

The supplier shall register its detergents in the Emirates Conformity Assessment Scheme (ECAS) within a period not exceeding (180) days from the date of publication of this Resolution in the Official Gazette. During this period, non-compliant detergents currently available in the market, which do not meet the technical regulation stipulated in Annex (1) attached to this Resolution, are allowed to be circulated.

 

Article (10) Repeals

Cabinet Resolution No. (3) of 2014 on UAE Scheme to Control the Detergents shall be repealed. Any provision that opposes or violates the provisions of this Resolution shall also be repealed.

Article (11) Publication and Enforcement

This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.

Translated in cooperation with