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المملكة: Imprisonment and fines amounting to 10 million riyals for violators of the pesticide system in the Gulf countries

The Ministry of Environment, Water and Agriculture has presented a new update to the penalties attached to the Pesticidesin the countries of the Gulf Cooperation Council issued in 1427 AH, via the “Reconnaissance” platform.

The update aims to enhance control over the circulation of pesticides, raise the level of compliance with relevant regulations, and protect humans, animals, plants, the environment and public health from the risks associated with banned or adulterated pesticides.

A warning and a corrective period for non-serious violations

The update stipulates that if

Fines of up to 10 million riyals and imprisonment

The update confirmed that without prejudice to any A more severe punishment than other systems require. Anyone who violates the provisions of the Pesticides Law and what is issued pursuant to it shall be punished with strict penalties, including the imposition of a fine not exceeding ten million riyals.

The system stipulates a prison sentence not exceeding five years, and a fine not exceeding ten million riyals, or one of these two penalties, for anyone who manufactures or imports any prohibited or adulterated pesticide.

In this context, the Public Prosecution, in accordance with its jurisdiction, is responsible for Regular, investigating these serious violations, and prosecuting them before the competent court, in a way that reflects the seriousness of these actions and their direct impact on public health and the environment.

Severe punishment in case of repetition

Grievance mechanisms and litigation guarantees

The system allows violators the right to appeal the penalty decisions issued by the Ministry before the competent committee within thirty days from the date of notification, provided that the committee decides on the grievance within a period not exceeding thirty days.

In the event that a decision is not issued within the specified period, or a decision is issued that the violator does not accept, he has the right to appeal before the Administrative Court in accordance with Article Six of the system.

Food and Drug Administration specializes in public health pesticides

With regard to public health pesticides, the Food and Drug Authority is responsible for reviewing violations and imposing the necessary penalties, provided that these penalties are approved by the Chairman of the Authority or his authorized representative.

The Authority’s Board of Directors shall form one or more committees, the number of whose members shall not be less than five, for a period of three years, subject to renewal, and it is required that it include at least one specialist in Sharia or regulations, to consider grievances submitted against the penalty decisions.

The Authority’s decisions may be appealed within thirty days. From the date of notification, provided that the committee decides on the grievance within a similar period, with the possibility of resorting to the Administrative Court in the event of not accepting the decision or delaying its decision.

Additional measures and increased penalties upon repetition

The update granted the Ministry and the Food and Drug General Authority additional powers when imposing penalties, including obligating the violator to remove the violation, and doubling the fine if the same violation is repeated within three years.

The materials subject to the violation may be destroyed by entities specialized in disposing of chemicals, or re-exported to the source country, at the expense of the violator.

It is also permissible, in addition to the fine, to close the facility subject to the violation temporarily, not exceeding Six months, or permanently closing it in serious cases, in order to achieve deterrence and protect the public interest.

The update stipulates that the Minister and the Board of Directors of the Food and Drug Authority, each in its jurisdiction, shall issue tables for classifying violations and determining penalties within the limits stipulated by the law, taking into account the nature and seriousness of each violation and the aggravating or mitigating circumstances. Rules and procedures for the work of committees and the remuneration of their members are also issued, ensuring governance and transparency in implementing the system.

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