Article 3 of the Saudi Anti-Fraud Law
المادة 3 من نظام مكافحة الغش التجاري · الفصل الثاني: المخالفات
The article requires the producer, importer or distributor of an adulterated product he has circulated to notify the Ministry of its quantity and the names and addresses of the merchants supplied, immediately on learning of it, being notified, or the seizure report.
Official text (Arabic)
This article has not been amended since the law was issued.
يلتزم كل من (المنتج والمستورد والموزع) لمنتج مغشوش إذا صرّفه؛ بإبلاغ الوزارة بالمعلومات التي تتعلق بكميته وأسماء التجار الذين صرف إليهم هذا المنتج وعناوينهم، وذلك فور علمه أو إعلانه أو إبلاغه بالمخالفة على عنوانه المسجل في السجل التجاري أو في الغرفة التجارية الصناعية، أو عند تحرير محضر بضبطها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 3 explained in plain English
This article places a duty to notify on three categories: the producer, the importer and the distributor, if they have circulated (that is, distributed or sold) an adulterated product. An adulterated product means what is defined in Article 1.
The notification to the Ministry must include:
- The quantity of the adulterated product.
- The names of the merchants to whom the product was supplied.
- The addresses of those merchants.
As for the time for notifying, it starts from the first of these situations:
- Immediately on the obligated person learning that the product is adulterated.
- Or his being served or notified of the violation at his address registered in the commercial register or at the chamber of commerce and industry.
- Or when a report seizing the violation is drawn up.
The purpose of this duty is to enable the competent authorities to trace the adulterated product in the markets and reach everyone it has reached. For this reason it matters to commercial establishments that their address in the commercial register and the chamber of commerce is correct and up to date, because notification at this address is enough to start the obligation.
This obligation is independent of the violations in Article 2; breaching it is a violation in its own right. Anyone facing this situation can consult a lawyer specialized in commercial cases to arrange the notification properly.
Practical example
A food distribution company in Dammam received a notice at its address registered in the commercial register that an oil shipment it distributed did not conform to the specifications. It must immediately notify the Ministry of the quantity it distributed and the names and addresses of the shops that received it.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 3 of the Saudi Anti-Fraud Law
Who is required to notify the Ministry of an adulterated product?
The producer, importer and distributor of an adulterated product, if he has circulated it.
What information must be given to the Ministry?
The quantity of the adulterated product and the names and addresses of the merchants to whom it was supplied.
When does the duty to notify begin?
Immediately on learning of the fraud, or on being served or notified of the violation at the address registered in the commercial register or the chamber of commerce and industry, or when the seizure report is drawn up.
More articles on Obligations of Producers, Importers and Distributors
- Article 7
The article bars the merchant from dealing with the suspected product before the examination result clearing it appears.
يحظر على التاجر التصرف في المنتج المشتبه به قبل ظهور نتيجة الفحص بإجازته.
- Article 22
The Article requires the offender to withdraw the adulterated product and refund its value to the buyer as set by the Regulations, without prejudice to the injured party's right to compensation.
مع عدم الإخلال بحق من أصابه ضرر في التعويض نتيجة ارتكاب إحدى المخالفات المنصوص عليها في هذا النظام، يلتزم المخالف بسحب المنتج المغشوش وإعادة قيمته إلى المشتري،
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.