Article 35 of the Saudi Product Safety Law

This article sets the most severe penalty in the Law, which is a criminal penalty of imprisonment.

Paragraph 1: the offense and the penalty. Imprisonment for up to 10 years is the punishment for anyone who:

• Deliberately causes. Intent is an essential condition, and the article does not cover unintentional error.
• The placing or offering of a product.
• The product being unsafe.
• In a manner capable of harming the consumer. The text says "capable of", so it does not expressly require that harm actually occurs.

Paragraph 2: the investigating body. The Public Prosecution is competent to investigate and prosecute these violations.

This article differs from Article 34 before it: Article 34 punishes any violation of the Law and regulations with a warning, a fine of up to SAR 10,000,000 or closure of the establishment for up to one year, applied by the committee or the Governor. This article deals with a specific and more serious act, the penalty is imprisonment, and the Public Prosecution handles it.

Under Article 1, offering on the market includes any supply or advertisement of a product for distribution or consumption in a commercial activity, with or without payment.

It is followed by Article 36, which requires the Board to issue the regulations within 90 days of the Law's publication. A person facing an investigation under this article is advised to consult a lawyer who specializes in criminal matters.