Article 36 of the Saudi Food Law

This is the penalties article of the Food Law, and it contains several provisions:

First: general penalties. Without prejudice to any penalty in another law, whoever commits any violation of the Law or its regulations is punished by one or more of: a fine not exceeding one million riyals, a ban from engaging in any food work for a period not exceeding 180 days, suspension of the license for a period not exceeding one year, or cancellation of the license. The penalty may be doubled for repetition.

Serious intentional violation: if the violation consists of intentionally causing the handling of a food substance that is harmful to health, adulterated or prohibited, the penalty is imprisonment for up to 10 years, or a fine of up to 10 million riyals, or both, in addition to applying any of the penalties of a ban from food work or suspension or cancellation of the license.

Who imposes the penalties?

• The Authority imposes the four general penalties according to a classification of violations approved by the Board, and they take effect only after approval by the President or the person they delegate; the Regulations set the controls, and this does not prevent precautionary measures from being taken.
• The committee formed by the Board (at least three members, including a legal adviser) hears the serious intentional violations and imposes their penalties except imprisonment.
• A violation that calls for imprisonment is referred to the Bureau of Investigation and Public Prosecution to investigate and refer to the competent court if it sees fit.

Publication: the judgment or decision that has become final is published at the violator's expense in three local newspapers, taking into account the location of the establishment and the place of the violation.

Grievance:

• Against the Authority's decision: before the committee within 30 days of notification, and the committee decides within a period not exceeding 60 days; if it does not decide, or the violator does not accept its decision, the violator may file a grievance before the Administrative Court.
• Against the committee's decision in intentional violations: before the Administrative Court within 60 days of notification.

If the Administrative Court cancels the penalty decision, the court itself hears the violation and imposes the appropriate penalty. Because the deadlines are short, a person against whom a decision has been issued should consult a lawyer specializing in administrative or criminal cases without delay.