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Law No. (3) of 2023 On Controlling Trading Public Health Pest Control Pesticides

Law
Law No. (3) of 2023 On Controlling Trading Public Health Pest Control Pesticides We, SAUD BIN SAQR BIN MUHAMED Al QASSIMI Ruler of Ras Al Khaimah -After perusal of Constitution; -Federal Decree-Law No. (37) of 2021 on Commercial Registry, -Federal Law No. (41) of 1992 on Agricultural Pesticides, and laws amending them; -Federal Law No. (24) of 1999 on Protection and Development of Environment, and laws amending them; -Federal Law No. (10) of 2020 on Pesticides, -Federal Law No. (13) of 2020 on Public Health; -Law of Ras Al Khaimah Municipality, as amended; -Law No. (7) of 2012 on Establishing Executive Council of Ras Al Khaimah Emirate; -Law No. (3) of 2017 on Establishing Public Services Department; -Law No. (9) of 2019 on Public Hygiene in Ras Al Khaimah Emirate; and -Upon the approval of Executive Council, Have promulgated the following law: Article (1) The following words and phrases shall have the meanings assigned hereto unless otherwise required by context: UAE: United Arab Emirates. Emirate: Ras Al Khaimah Emirate. Department: Ras Al Khaimah Municipality Department. Director-General: Director-General of the Department. Administration: Public Health Administration in the Department. Section: Health and Environment Control Division of the Administration. Competent Authority: Authority competent for issuing trade license in the Emirate. Activity: The activity of trading public health pest control pesticides. Establishments: Companies, or establishments licensed to practice the activity of trading pesticides or public health pest control. Pesticides: Materials used in public health pest control. Public Health Pests: Diseases-Vectors; including insects, spiders, parasites and animals causing directly or indirectly health damages, anxiety or inconvenience to human being; excluding agricultural pests. Service: The service of Public Health Pest Control and trading in pesticides thereof. Article (2) Provisions of this Law shall apply to all establishments in the Emirate including Ras Al Khaimah Economic Free Zones. However, Executive Council may, upon a request by the Department, exclude certain authorities from provisions thereof. Article (3) A registry to enter establishments shall be created in the Section. However, any person may practice trading pesticides, public health pest control, or any activities related thereto only after being entered in this registry. By a resolution from Director-General, registry form, details, data, procedures of entry therein and certificates to be issued therefrom shall be determined. Article (4) Establishments shall be categorized as follows: 1.1st category, 2.2nd category, and 3.Special category. Director-General shall, in coordination with competent authority, develop a system to categorize establishments including their types and legal forms. Article (5) Section shall undertake the following: 1.Entry of establishments in Registry dedicated for that. 2.Approval of new specialties and branches in the pest control field. 3.Decide on temporary suspension applications submitted by owners of establishment. 4.Periodic inspection on establishments to follow-up continuity of meeting conditions of their registration. 5.Investigation on violations made by establishments practicing the activity. 6.Preparation of tests for technical cadre in order to practice activity. 7.Any other duties or terms of reference entrusted to the Section under assignment from Director-General. Article (6) No body, practicing the activity of trading pesticides or public health pest control, shall be an employee with Public Health Administration, and Director-General may, in coordination with competent authority, add any other conditions. Article (7) Upon payment of a cash security deposit to be determined under a resolution from Director-General, Section shall issue initial registration certificate for the establishment which empowers the same to complete licensing procedures before competent authority. The establishment may not initiate practicing the activity under this certificate. Article (8) Validity of initial registration certificate shall be six months. However, the same may be renewed only for two consecutive times; each of which is three months. Establishment may apply for cancelation of initial registration before its expiry and refund the cash security deposit. However, if the Certificate expires without being renewed nor completing licensing procedures, registration shall be void and the right to refund deposit amount shall be abated and the same shall devolve upon Public Treasury. Article (9) Registration procedures shall be completed after issuance of trade license and meeting required registration conditions. Therefore, registration term shall be two years which may be renewed for other term or terms. Article (10) If registration of establishment is rejected in accordance with required categorization for non-meeting its conditions, Administration may register the same at the category with conditions met thereby, in coordination with the competent authority. Article (11) Service providers shall be approved and entered in the registry by the Section, as per specialty, years of experience and successfully pass technical cadre test before registration. During the term of registration, other supervisors and technicians may join the establishment after being entered in Registry. Article (12) Without prejudice to provisions of Practicing Economic Activities Law, establishments licensed outside the Emirate are entitled to practice their activities in the Emirate for specific term after obtaining approval from the Department and conditions to grant such approval and fees accrued therefor shall be determined by Director-General. Article (13) Establishment shall abide by provisions and controls of transporting, utilizing, storing and disposing pesticides of public health pest control as set out in ministerial resolutions promulgated in this regard. Article (14) Subject to conditions of trade license cancelation, establishment desiring to cease practice of the activity shall apply to Administration for cancelation of its registration after meeting requirements of cancelation. Upon verifying that no liabilities arising from practice of activity are accrued, a resolution by Administration shall be issued to cancel registration within thirty days from date of application submission thereto. Article (15) The Establishment shall be, in respect to its business prior to registration cancellation, subject to Administration’s authority and control for one year subsequent to this cancellation. Article (16) Establishment may be disposed pursuant to conditions and procedures placed by the Department in coordination with competent authority. However, if ownership of establishment has been transferred by inheritance or will, new owners should choose whoever meets conditions placed by Administration to represent them before the same and his name shall be inserted in registry and trade license in this capacity. Article (17) No establishment shall use or trade pesticides which are non-registered inside the State, banned or expired. Article (18) All individuals working in the field of advertisement, media or printing publications are prohibited from receiving applications submitted by establishments practicing trading of pesticides or public health pest control activity for the purpose of publishing or printing advertisements except after ensuring that establishment benefiting from the service had obtained official permit from Administration along with maintaining a copy thereof. Article (19) Any establishment, excluding Government institutions working in the field of public health pest control, which desires to work in the field of training and qualifying staff to work in trading pesticides of public health pest control, must obtain necessary approvals from Administration. Article (20) The Section is entitled to cancel registration in any of the following cases: 1.Registration is made based on false or forged data. 2.Serious professional errors had been committed by the establishment. 3.Liquidation of establishment under agreement made by partners or under an executable judgment. Re-registration may be made only under new procedures. Article (21) Resolutions passed on registration denial or deregistration of establishments may be grieved before Director-General and such grievance must be decided on within two weeks as of the date of submission thereof. However, if the same is rejected, the rejection decision should be reasoned. Article (22) Establishments existing before application of this Law shall regulate their status pursuant to its provisions within no more than three months of its enforcement date provided that an amount of three thousand dirhams shall be deposited. However, such amount shall be confiscated in case of expiry of term specified without rectifying the status of establishment and Director-General shall be entitled to extend this term for other similar term. Article (23) Staff of the Section who are nominated under a resolution passed by Attorney-General shall be authorized to have the capacity of Law officers on substantiating works committed in violation to provisions of this Law. Article (24) Without prejudice to any severer penalty stipulated in any other law, Administration shall apply any of the following measures: 1.Issue written notice to violating establishment. 2.Close the establishment totally or partially or suspend practice of its activity. 3.Publish the names of violating establishments and penalties rendered against them. Administration shall be entitled to terminate measures in case the establishment remedies and removes causes of violation and pays penalties. In the event of rendering judgment of closure penalty, Public Prosecution may open the establishment whenever it turned out that causes of violation have been removed pursuant to a letter issued by the Department. Article (25) Upon proposal from the Department, Executive Council shall promulgate executive regulation of this Law and schedule of fees and violations and penalties resulting from violating its provisions. Proceeds of these fees and penalties shall devolve upon treasury of the Department. Article (26) If violating establishment fails to initiate execution of final judgment or rendered administrative resolution of penalty within fifteen days of being notified of the same, services provided thereto may be suspended until execution is made. Article (27) Vehicles seized during commitment of any violation stipulated in this Law shall be subject to provisions of Law No. 4 of 2019 on Impounding, Maintaining and Dispose of Vehicles. A resolution from Director-General on impounding and maintaining the same in vehicles complex of General Resources Authority shall be issued. Vehicle shall be deemed abandoned one-month after notifying its owner of impounding or removal of causes thereof. Article (28) Machinery seized in warehouses of Department shall be impounded after preparing a detailed technical report thereon. The Department shall notify their owners and other rights holders thereon of impounding via means approved thereby. Article (29) Director-General shall constitute a committee to sell confiscated machinery and equipment and executive regulation shall regulate its membership and mechanism of its work. Article (30) If owner of confiscated items does not request receiving the same within three months of the date of its impounding, Committee, stipulated in Article (29) of this Law, shall sell the same in public auction whether by itself or through licensed public auction corporates after rendering an order on petition of the same from the competent judge. Report of holding the auction shall be deemed an ownership transfer deed, free from any financial liabilities incurred for third parties. Before sale is completed and after payment of penalties stipulated, owner of impounded items may redeem them. Article (31) The Department shall deposit proceeds of selling machinery in a special account with Government of Ras Al Khaimah after deducting all expenses, charges, and penalties resulted from its impounding process. If the price collected from sale fails to cover dues of Department, the difference shall be paid by its owner. Article (32) Stakeholders’ right to claim the price of sale shall be abated by lapsing of five years after the date of depositing the same in the special account and it shall devolve upon the account of Public Treasury. Article (33) By a resolution from Director-General, a committee shall be formed to consider complaints and grievances related to violations arising from application of this Law provisions and resolution shall determine procedures before the same. Article (34) Grievance may be made within ten days from the date of seizure report, if violator is present or from the date of notifying him of the violation on the form prepared for that if violator is absent. Therefore, grievance shall entail suspending collection of penalty and ancillary penalties until a decision thereon is rendered. Article (35) Committee shall present its recommendations on grievance to Director-General to decide thereon. At all cases, violator may apply to refer papers to public Prosecution. Department shall be entitled to reconcile with violator in consideration of half of the stipulated penalty after removing causes of violation. Article (36) Director-General shall issue resolutions necessary to execute provisions of this Law. Article (37) In order to apply provisions of this Law and resolutions issued thereby, Department shall be entitled to seek the assistance of government departments and public authorities and institutions including relevant authorities. Article (38) Any other provision in contrary to provisions of this Law shall be cancelled. Article (39) This law shall come into force as of date of its issuance and be published in Official Gazette. SAUD BIN SAQR BIN MUHAMED Al QASIMI Ruler of Ras Al Khaimah Issued by us on this day 21st of Sha’ban, 1444 A.H. Corresponding to 13th of March 2023 A.D.
  • The following words and phrases shall have the meanings assigned hereto unless otherwise required by context:
    UAE: United Arab Emirates.
    Emirate: Ras Al Khaimah Emirate.
    Department: Ras Al Khaimah Municipality Department.
    Director-General: Director-General of the Department.
    Administration: Public Health Administration in the Department.
    Section: Health and Environment Control Division of the Administration.
    Competent Authority: Authority competent for issuing trade license in the Emirate.
    Activity: The activity of trading public health pest control pesticides.
    Establishments: Companies, or establishments licensed to practice the activity of trading pesticides or public health pest control.
    Pesticides: Materials used in public health pest control.
    Public Health Pests: Diseases-Vectors; including insects, spiders, parasites and animals causing directly or indirectly health damages, anxiety or inconvenience to human being; excluding agricultural pests.
    Service: The service of Public Health Pest Control and trading in pesticides thereof.

  • Provisions of this Law shall apply to all establishments in the Emirate including Ras Al Khaimah Economic Free Zones. However, Executive Council may, upon a request by the Department, exclude certain authorities from provisions thereof.

  • A registry to enter establishments shall be created in the Section. However, any person may practice trading pesticides, public health pest control, or any activities related thereto only after being entered in this registry. By a resolution from Director-General, registry form, details, data, procedures of entry therein and certificates to be issued therefrom shall be determined.
     
  • Establishments shall be categorized as follows:
    1.1st category,
    2.2nd category, and
    3.Special category.
    Director-General shall, in coordination with competent authority, develop a system to categorize establishments including their types and legal forms.
     
  • Section shall undertake the following:
    1.Entry of establishments in Registry dedicated for that.
    2.Approval of new specialties and branches in the pest control field.
    3.Decide on temporary suspension applications submitted by owners of establishment.
    4.Periodic inspection on establishments to follow-up continuity of meeting conditions of their registration.
    5.Investigation on violations made by establishments practicing the activity.
    6.Preparation of tests for technical cadre in order to practice activity. 
    7.Any other duties or terms of reference entrusted to the Section under assignment from Director-General.

  • No body, practicing the activity of trading pesticides or public health pest control, shall be an employee with Public Health Administration, and Director-General may, in coordination with competent authority, add any other conditions.

  • Upon payment of a cash security deposit to be determined under a resolution from Director-General, Section shall issue initial registration certificate for the establishment which empowers the same to complete licensing procedures before competent authority. The establishment may not initiate practicing the activity under this certificate.

  • Validity of initial registration certificate shall be six months. However, the same may be renewed only for two consecutive times; each of which is three months. Establishment may apply for cancelation of initial registration before its expiry and refund the cash security deposit. However, if the Certificate expires without being renewed nor completing licensing procedures, registration shall be void and the right to refund deposit amount shall be abated and the same shall devolve upon Public Treasury.

  • Registration procedures shall be completed after issuance of trade license and meeting required registration conditions. Therefore, registration term shall be two years which may be renewed for other term or terms.

  • If registration of establishment is rejected in accordance with required categorization for non-meeting its conditions, Administration may register the same at the category with conditions met thereby, in coordination with the competent authority.

  • Service providers shall be approved and entered in the registry by the Section, as per specialty, years of experience and successfully pass technical cadre test before registration. During the term of registration, other supervisors and technicians may join the establishment after being entered in Registry.

  • Without prejudice to provisions of Practicing Economic Activities Law, establishments licensed outside the Emirate are entitled to practice their activities in the Emirate for specific term after obtaining approval from the Department and conditions to grant such approval and fees accrued therefor shall be determined by Director-General.

  • Establishment shall abide by provisions and controls of transporting, utilizing, storing and disposing pesticides of public health pest control as set out in ministerial resolutions promulgated in this regard.

  • Subject to conditions of trade license cancelation, establishment desiring to cease practice of the activity shall apply to Administration for cancelation of its registration after meeting requirements of cancelation. Upon verifying that no liabilities arising from practice of activity are accrued, a resolution by Administration shall be issued to cancel registration within thirty days from date of application submission thereto.

  • The Establishment shall be, in respect to its business prior to registration cancellation, subject to Administration’s authority and control for one year subsequent to this cancellation. 

  • Establishment may be disposed pursuant to conditions and procedures placed by the Department in coordination with competent authority. However, if ownership of establishment has been transferred by inheritance or will, new owners should choose whoever meets conditions placed by Administration to represent them before the same and his name shall be inserted in registry and trade license in this capacity.
     
  • No establishment shall use or trade pesticides which are non-registered inside the State, banned or expired. 

  • All individuals working in the field of advertisement, media or printing publications are prohibited from receiving applications submitted by establishments practicing trading of pesticides or public health pest control activity for the purpose of publishing or printing advertisements except after ensuring that establishment benefiting from the service had obtained official permit from Administration along with maintaining a copy thereof.   

  • Any establishment, excluding Government institutions working in the field of public health pest control, which desires to work in the field of training and qualifying staff to work in trading pesticides of public health pest control, must obtain necessary approvals from Administration. 

  • The Section is entitled to cancel registration in any of the following cases:  
    1.Registration is made based on false or forged data.
    2.Serious professional errors had been committed by the establishment. 
    3.Liquidation of establishment under agreement made by partners or under an executable judgment. 
    Re-registration may be made only under new procedures.
  • Resolutions passed on registration denial or deregistration of establishments may be grieved before Director-General and such grievance must be decided on within two weeks as of the date of submission thereof. However, if the same is rejected, the rejection decision should be reasoned.

  • Establishments existing before application of this Law shall regulate their status pursuant to its provisions within no more than three months of its enforcement date provided that an amount of three thousand dirhams shall be deposited. However, such amount shall be confiscated in case of expiry of term specified without rectifying the status of establishment and Director-General shall be entitled to extend this term for other similar term.   

  • Staff of the Section who are nominated under a resolution passed by Attorney-General shall be authorized to have the capacity of Law officers on substantiating works committed in violation to provisions of this Law.
  • Without prejudice to any severer penalty stipulated in any other law, Administration shall apply any of the following measures:
    1.Issue written notice to violating establishment.
    2.Close the establishment totally or partially or suspend practice of its activity.
    3.Publish the names of violating establishments and penalties rendered against them.
    Administration shall be entitled to terminate measures in case the establishment remedies and removes causes of violation and pays penalties. In the event of rendering judgment of closure penalty, Public Prosecution may open the establishment whenever it turned out that causes of violation have been removed pursuant to a letter issued by the Department.  

  • Upon proposal from the Department, Executive Council shall promulgate executive regulation of this Law and schedule of fees and violations and penalties resulting from violating its provisions. Proceeds of these fees and penalties shall devolve upon treasury of the Department.   

  • If violating establishment fails to initiate execution of final judgment or rendered administrative resolution of penalty within fifteen days of being notified of the same, services provided thereto may be suspended until execution is made.

  • Vehicles seized during commitment of any violation stipulated in this Law shall be subject to provisions of Law No. 4 of 2019 on Impounding, Maintaining and Dispose of Vehicles. A resolution from Director-General on impounding and maintaining the same in vehicles complex of General Resources Authority shall be issued. Vehicle shall be deemed abandoned one-month after notifying its owner of impounding or removal of causes thereof.
       
  • Machinery seized in warehouses of Department shall be impounded after preparing a detailed technical report thereon. The Department shall notify their owners and other rights holders thereon of impounding via means approved thereby.
     
  • Director-General shall constitute a committee to sell confiscated machinery and equipment and executive regulation shall regulate its membership and mechanism of its work.

  • If owner of confiscated items does not request receiving the same within three months of the date of its impounding, Committee, stipulated in Article (29) of this Law, shall sell the same in public auction whether by itself or through licensed public auction corporates after rendering an order on petition of the same from the competent judge. Report of holding the auction shall be deemed an ownership transfer deed, free from any financial liabilities incurred for third parties.  
    Before sale is completed and after payment of penalties stipulated, owner of impounded items may redeem them.
     
  • The Department shall deposit proceeds of selling machinery in a special account with Government of Ras Al Khaimah after deducting all expenses, charges, and penalties resulted from its impounding process. If the price collected from sale fails to cover dues of Department, the difference shall be paid by its owner.

  • Stakeholders’ right to claim the price of sale shall be abated by lapsing of five years after the date of depositing the same in the special account and it shall devolve upon the account of Public Treasury. 

  • By a resolution from Director-General, a committee shall be formed to consider complaints and grievances related to violations arising from application of this Law provisions and resolution shall determine procedures before the same.

  • Grievance may be made within ten days from the date of seizure report, if violator is present or from the date of notifying him of the violation on the form prepared for that if violator is absent. Therefore, grievance shall entail suspending collection of penalty and ancillary penalties until a decision thereon is rendered.

  • Committee shall present its recommendations on grievance to Director-General to decide thereon. At all cases, violator may apply to refer papers to public Prosecution.
    Department shall be entitled to reconcile with violator in consideration of half of the stipulated penalty after removing causes of violation.

  • Director-General shall issue resolutions necessary to execute provisions of this Law.

  • In order to apply provisions of this Law and resolutions issued thereby, Department shall be entitled to seek the assistance of government departments and public authorities and institutions including relevant authorities.

  • Any other provision in contrary to provisions of this Law shall be cancelled.
     
  • This law shall come into force as of date of its issuance and be published in Official Gazette.

Classification
  • Civil Legislation
  • Environmental Legislation
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