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Law No. 8 of 1990 Regulation of Human Food Control http://almeezan.qa/LawView.aspx?opt&LawID=2648&TYPE=PRINT&...

Law No. 8 of 1990 Regulation of Human Food Control

Law Summary Record • Type: Law • Number: 8


• Date: 17/05/1990 Corresponding to 22/10/1410 Hijri • Number of Articles: 35
• Status: In force

Official Gazette : Issue: 9 Offcial Journal Issue

• Publication Date: 01/01/1990 Corresponding to 04/06/1410 Hijri • Page from: 3078

Chapter One (1-4)


Chapter Two (5-8)
Chapter Three (9-18)
Chapter Four (19-23)
Chapter Five (24-32)
Chapter Six (33-35)

We, Khalifa Bin Hamad Al?Thani, Emir of the State of Qatar,


Having considered the Amended Provisional Constitution, in particular Articles 23, 34 and 51
thereof;
Law No. 11 of 1963 on the Regulation of the Doha Municipality and amending laws thereof;
Decree?Law No. 18 of 1967 on the Control of Food Processed for Human Consumption, and
amending laws thereof;
Decree?Law No. 10 of 1968 on Pesticides;
Decree?Law No. 11 of 1968 on Infectious Diseases Prevention;
Decree?Law No. 9 of 1969 on Peddlers;
Law No. 5 of 1970 on the Specification of the powers of ministers, and functions of ministries
and other governmental bodies, and amending laws thereof;
The Penal Code of Qatar promulgated by Law No. 14 of 1971 and amending laws thereof;

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The Criminal Procedures Law promulgated by Law No. 15 of 1971 and amending laws
thereof;
Law No. 19 of 1972 on the establishment of the new municipalities;
Law No. 21 of 1972 on the standardisation of measures, scales and weights, and amending
laws thereof;
Decree?Law No. 24 of 1972 on the functions of the Ministry of Municipal Affairs and
amending laws thereof;
Law No. 3 of 1975 on the commercial, industrial and similar public establishments, and
amending laws thereof;
Law No. 3 of 1978 on trademarks and trade data, and amending laws thereof;
Law No. 11 of 1980 on Industrial Regulation, and amending laws thereof;
Law No. 3 of 1983 on regulation of the pharmacology professions, and intermediaries and
agents of pharmaceutical factories and companies, and amending laws thereof;
Law No. 5 of 1983 on combating fraud in business;
Law No. 3 of 1985 on participation of non?Qatari capital in the economic activity, and
amending laws thereof;
Law No. 5 of 1988 on the customs law;
The Emiri Order No. 3 of 1989 to reshuffle the Council of Ministers;
The Council of Ministers Resolution No. 1 of 1986 on the specifications of certain goods and
materials,
and implementing decisions thereof;
The proposal of the Minister of Public Health and the Minister of Municipal & Agricultural
Affairs;
The proposal submitted by the Council of Ministers;
And having consulted the Shura Council;
Hereby promulgate the following law:

Chapter One
Definitions and General Provisions

Article 1

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In implementing the provisions of this Law the following terms shall have the meanings
set forth for each of them unless the context or the law require otherwise:

“Food” means any material used by humans for nutrition, drinking or chewing and any
other material used in preparing or composing human food, provided that medical
formulations shall be excluded from food materials.

“Food circulation” means any operation relating to food preparing, processing,


packaging, importing, exporting, transporting, delivering, storing, selling, displaying for
sale, offering for sale, or possessing for the purpose of exchange against consideration.

“Containers” means any tools, equipment, dispenser or devices used in food handling.

“Packages” means any container, cover or roll of whatever form or composition in which
food is placed or packaged, as well as the materials used to tie or close the container or
packaging.

“Specifications” means standard specifications, requirements; data and technical and


health signs established by existing legislation enacted either locally or by international
agreements.

“Unsanitary circumstances” means cases, means and situations that may lead to the
polluting of food with radioactive materials, garbage, waste or any strange materials which
can render food harmful or dangerous to human health or unsuitable for human
consumption.
“Fraud” means any alteration in the food item itself, whether by removing an element,
adding another, blending or mixing it with another, or by any other means that may alter
its nature.
“Information label” means any written descriptive statement or information attached to
food, either directly or indirectly on its packaging or container, for the purpose of
identifying, inter alia, the nutrition facts and specific ingredients.

Article 2

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1. Wherefood is contrary to the standard specifications declared in the bylaws and


decisions executing this Law and other related laws;
2. Wherefood is unsuitable for human consumption, harmful to human health, rotten,
contaminated or damaged;
3. Wherefood is frequently altered by any means that may change its nature.

Article 3

Food shall be deemed harmful to human health in the following cases:

1. If contaminated with radioactive materials, microbes, parasites or pesticides that may


cause diseases in humans;
2. If it contains toxic materials exceeding the legally prescribed limits;
3. If traded by a person infected with an infectious disease, or carrying its microbes;
4. If originating from an animal infected with a disease whose infection transmits to
humans, or originating from a dead animal;
5. If mixed with dust or impurities that exceed the ratio prescribed by law, or are
impossible to purify;
6. If it contains a prohibited colouring, preservative material or other additive;
7. If its containers or packaging include materials harmful to human health.

Article 4

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Food shall be deemed rotten, damaged or otherwise unsuitable for human consumption
in the following cases:

1. Where chemical or microbial analysis proves a change in its composition or if its


natural properties change in terms of taste, appearance or smell;
2. Where the period of validity of use expires in accordance with the date fixed in the
statement written on its information label;
3. Where food or its packaging or containers include larva, worms, insects, waste or
animal residuals;
4. Wherefood is prepared, produced or stored in or by unsanitary situations or methods.

Chapter Two
Competent Authorities to Implement This Law & their respective Jurisdiction

Article 5 (Amended By Law 4/2014)

Article 6 (Amended By Law 4/2014)

The Supreme Council of Health shall monitor the imported food after its arrival at the
customs departments and its duration therein until it is released and inspected. This is to
ensure its conformity to the provisions of this Law and its executive resolutions and to
control cases that violate such provisions. The aforesaid ministry shall also monitor the
food exported abroad.

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Article 7 (Amended By Law 4/2014)

The Ministry of Public Health, the Ministry of Municipal Affairs and Agriculture and all of
the municipalities within their geographic jurisdictions shall monitor imported food after its
release from customs departments and its transportation into the country, as well as food
produced locally, and inspect such food within the markets, commercial or industrial
shops, similar public establishments and industrial facilities, regardless of their capital and
number of staff, means of transport used for food transportation, stores, warehouses and
their attached or subordinate squares. This is to ensure the application of the provisions
of this Law and its executive resolutions and to control cases that violate such provisions.

Article 8

Should fraud and violation of standard specifications, whether harmful to human health or
not, exist alone or together with the rotten condition, damage, contamination or
unsuitability for human consumption of a food item, the competent authority originally
assigned to monitor human food and its specialised staff shall control and investigate all
such violations and take the necessary measures to refer offenders to a court of law.

Chapter Three
Regulation of Food Control &its Circulation

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Article 9

The specifications and requirements set out in this Law and its implementing resolutions
shall exist in all food trading locations, and for food containers, and packaging, means of
food transport, and to those persons employed in any food trading operation.

Article 10 (Amended By Law 4/2014)

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1. No natural or juristic person may be permitted to import any food material for
the purpose of sale or trading in Qatar unless their name is recorded in the
importers register in the Ministry of Economy and Commerce according to the law.
Except for food which is imported or transported from the adjacent states and which
arrives on the same day as that on which it is transported, or on the next day at the
latest, any person who imports or transports, from abroad by sea, any food for the
purpose of sale or circulation in Qatar, is obliged to notify the Ministry of Public Health
well in advance prior to the arrival of such food. The notification shall be in accordance
with the form set out by the Ministry for this purpose and the following documents shall
be attached:

a. A manifest of the imported food;


b. A letter of undertaking, signed by the vessel's captain, stating that the imported food
was never placed, during the journey, either with or near other materials that are toxic or
harmful to human health. Qatar National Navigation & Transport Co., Ltd. shall receive
such letters of undertaking under agreements signed with the relevant ships providers for
this purpose, and hand them over to the senders when requested;
c. A copy of an official certificate, adopted by the competent authority in the origin
country, stating that imported food is permitted to be circulated locally. In all cases,
specialised staff has the right to request submission of the original documents for
checking.

Article 11 (Amended By Law 4/2014)

The Customs Department or other relevant authorities may release food imported from
abroad only by permission from the Supreme Council of Health, confirming its suitability
for human consumption and its conformity to specifications in addition to its compliance
with the procedures prescribed in other legislation related to customs, importation and
fraud in business transactions.

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Article 12 (Amended By Law 4/2014)

For the purpose of sale or circulation in Qatar, food importers are obliged to notify the
competent departments in each of the Ministry of Economy and Commerce, Ministry of
Public Health and Ministry of Municipal Affairs and Agriculture, of the food imported on
their accounts within a period of not more than seven days of the date of release. Such
notification shall include a description of the food type, its source, quantity, packaging,
weight, specifications and the prices within which it is imported.

Article 13 (Amended By Law 4/2014)

Any person who trades with food or its circulation is obliged to keep regular records in
which all types of food in their possession, its quantity, packaging, weight, source, date of
possession, amount sold, and the date of sale are recorded along with the name of the
buyer, whether a wholesaler or retailer, a permission from the Supreme Council of Health
pertaining to food release, and all relevant documents and data. The vendor is obliged to
supply the buyer, if a merchant, with a letter of undertaking declaring that the food sold
complies with the provisions of this Law.

Article 14 (Amended By Law 4/2014)

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Any person who trades in, or circulates food preserved by any method such as freezing,

cooling, or vacuum packaging, is obliged to obtain, mutatis mutandis a license from the
Ministry of Municipal Affairs and Agriculture or from a competent municipality. Licensed
shop owners or managers shall not be permitted to melt down, sell, display or possess
such food for the purpose of exchange against consideration as fresh food.

Article 15

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Packaged food shall not be circulated unless the following data, in compressed font from
inside out, is firmly fixed upon the information label of each package or unit for sale:

1. Name of packaged food item.


2. Basic data regarding ingredients, content of colouring, preservatives and other
additives according to specifications, and the percentages of the said ingredients and
additives. Such data shall be displayed in descending order according to the amount of
the percentages.
3. Net weight.
4. Date of manufacture and expiry date. In case of food that does not expire by the lapse
of a specified period, the phrase 'indefinite expiry date' shall be displayed on the
package.
5. Directions for storage, if storage must follow specific requirements.
6. Data explaining the proper methods of use, where necessary.
7. Country of origin and country of source. A separate declaration shall be made for each,
even if the country of source is the same as the country of origin. This requirement shall
be waived in cases where a food item or material is manufactured in a country other than
the country of origin on behalf of the producer and only the mention of the country of
origin would suffice. Such an item shall be accompanied by a certificate of approval
containing the eligibility of the manufacturer to use the trademark and the commercial
name of the factory.
8. Factory name, manufacturer and its trademark, or either.
9. The party that carried out the packaging and the date. If the packager is not the

original manufacturer, the name of the packager as well as the production date shall be
displayed alongside the name of the original manufacturer.
10. The word 'sterile' shall be written where appropriate.
11. The word 'natural' or 'artificial' or the mixing ratio between them shall be written
according to the nature of the food item.

Small packages must display the same data as that which appears on large packages or
on boxes and containers within which the packages arrive. Care must be taken when a
food material is packaged or refilled.

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Article 16

Except for the selling price to the consumer, the remaining data set out in Article 15
shall, for imported food, be furnished with the knowledge of the foreign food manufacturer
or producer before it enters the country. For food produced locally, such data shall be
furnished prior to its circulation or export abroad. The Customs Department may not
release imported or exported food prior to verifying that the aforesaid data complies with
the provisions of this Law, and ensuring that the expiry date is not later than six months
after its release date.

Article 17

The data set out in Article 15 of this Law, and any other data, specifications or
requirements required by the legislation in force, shall be recorded on cans/boxes, covers,
packages or units of sale, along with a translation intoone foreign language or more,
provided that all data are written in clear, non‐erasable writing. The data written in Arabic
should be of larger and clearer font. For food imported from non‐Arab countries, the data
should be written in the associated foreign language along with a clear Arabic translation.

Article 18 (Amended By Law 4/2014)

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Importers, wholesalers and retailers of food items shall be granted a three‐month grace
period from the date on which this Law comes into force to regulate their status
accordingly and to dispose of food that does not reflect the data set out in accordance
with the provisions of this Law, provided that the food is suitable for human consumption.
Taking into consideration the provisions of the preceding Article, the Minister of Municipal

Affairs and Agriculture may issue a decision to extend the aforesaid period for one time
for a similar period. The said decision shall not be effective prior to being adopted by the
Council of Ministers.

Chapter Four
Seizure Measures, Sample Taking & Disposal of Seized Items

Article 19 (Amended By Law 4/2014)

Subject to the provisions of Articles 5, 6, 7 and 8 of this Law pertaining to assigning the
competent authorities for its implementation and the jurisdiction of each, the staff of the M
Supreme Council of Health, and Ministry of Municipality and Urban Planning, and of the
competent municipalities designated by a decision of the Minister, respectively, shall have
the status of judicial officers to seize and establish offences against the provisions of this
Law and its executive resolutions.

Article 20

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The aforesaid officers in the preceding Article, each within their competency, may enter
the transport means, shops, facilities and places subject to the provisions of this Law and

its executive resolutions to ensure the implementation of such provisions. Such officers
shall also have the right to demand and check all books and documents related to food
and to examine, take samples, inspect and ensure that the food complies with the
aforesaid provisions. When samples are taken, the specialised staff shall temporarily
seize the suspected food from which those samples were taken, and deposits it for
storage either with the concerned party and under their responsibility or with a custodian,
and the officer shall record all such proceedings in a report.

Article 21

Samples shall be taken at least three at a time and be identical, and each sample shall
be placed in a safe upon which a tag shall be attached containing the following data:

1. Date of sampling
2. Type of sample and its quantity
3. Name and place of residence of the owner of the food item
4. Address of shop from which the sample is taken
5. Name and signature of staff who takes the sample

Article 22

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Samples taken shall be recorded in a report containing the following data:

1. Date and time of writing the report


2. Name, title and occupation of report writer
3. Name, title, industry, citizenship and place of residence of owner of goods from which
samples are taken
4. Address of shop from which samples are taken
5. Quantity of each sample
6. Quantity of goods from which samples are taken and their approximate price
7. Circumstances in which samples are taken, statement of trademarks, name of food
item and all other data useful for determining the samples and food item
8. Signature of report writer.

The persons concerned, or their representatives, may state what they deem necessary
and their statement shall be recorded in the report which they will be requested to sign. In
cases where they refrain or refuse to sign, a note in the report shall be made in this
regard.

Article 23

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1. Sample analysis shall be carried out in government analytical laboratories, and


the person concerned shallbe notified of the outcome of the analysis not later than
ten days from the date of issuing the report of proceedings as set out in the
preceding Article. Should the sample analysis not meets the provisions of this Law
and its executive resolutions, or the said date elapses without notifying the
concerned person of the outcome of the analysis, the sampling shall be deemed
not to have been taken.
In case of urgency, where the analysis proves that a sample is either harmful to human
health, rotten, damaged, contaminated, or otherwise unsuitable for human consumption,
debased or violates the specifications in a manner that is harmful to human health, the
administrative authority - by the knowledge of whose staff the sample is taken - shall take
the necessary measures to destroy all or some of the food from which the sample is
taken.
The said authority may order the food be exported abroad at the owner's expense,
according to the circumstances of each case.

Chapter Five
Offences and penalties

Article 24

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1. Without prejudice to any harsher punishment as set out by another law, a


penalty of imprisonment of not less than six months and not more than one year,
or a fine of not less than seven thousand (7000) riyals and not more than fifteen
thousand (15000) riyals, or both, shall be imposed on any person who knowingly
engages in one or more acts of human foodcirculationfor the purpose of exchange
against consideration when it is rotten, damaged or otherwise unsuitable for
human consumption.
The minimum and maximum limits of the punishments in paragraph 1 may be doubled
upon a second commission of the offence, or if the food is found to be harmful to human

health, or debased, or violates the specifications in a manner that is harmful to human


health.
A penalty of imprisonment of not less than two years and not more than four years or a
fine of not less than fifteen thousand (15000) riyals and not more than thirty thousand
(30000) riyals shall be imposed if the commission of the offence causes permanent
disability to any person.
The minimum and maximum limits of the punishments in paragraph 3 may be
compounded if the commission of the offence causes the death of any person. Unless the
good faith of the defendant and the source of the food are proved, the defendant shall be
presumed to have engaged knowingly in trading or peddling food banned from circulation.

Article 25

Any person who attempts to commit an offence set out in this Law shall receive the
same sentence imposed for the consummate offence. In all cases the aforesaid
sentences shall apply irrespective of whether the purchaser or the consumer knew the
condition of the circulated food or admits to accepting it in such condition.

Article 26

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a. Without prejudice to any harsher punishment as prescribed by another law,


imprisonment for a period of not more than one year or a fine of not more than fifteen
thousand (15000) riyals, or both, shall be imposed on any person who violates the
provisions of Articles 10, 11, 12, 13, 14, 15, 16, 17 and 18 of this Law, as well as
its executive resolutions.
b. Any person who attempts to commitsuch offences shall be punished with the same
prescribed punishment for the consummate offence.

Article 27

Without prejudice to any harsher punishment as prescribed by another law, imprisonment


for a period of not less than two weeks and not more than two months, or a fine of not
less than three hundred (300) riyals and not more than two thousand (2000) riyals, or
both, shall be imposed on any person who disposes of seized or confiscated food as
described in Article 20 of this Law without the approval of the competent administrative
authority.

Article 28

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In all cases prescribed in Articles 24, 25 and 26 of this Law, the following orders, in
addition to the original sentences, shall be issued:

1. Confiscation or destruction of food seized pursuant to an offence at the expense of the


defendant. Where a case is not filed due to the death of the defendant, or the defendant
was acquitted at trial, or for any other reason, the competent minister shall issue a
decision to confiscate food whose analysis proves a violation of the trading bans
prescribed by this Law.
2. Closure of the shop or place in which an offence is committed for a period of not less
than one month and not more than three months. These closure periods may be doubled
upon a second commission of the offence.
3. Publication of a summary of the sentence imposed in one or two local daily
newspapers at the expense of the defendant.
4. Deportation, should the defendant be a foreigner, but only after any imposed sentence
has been properly and fully executed.

Article 29

There may be no moratorium on the execution of a sentence by way of a fine in the


cases set out in this Law.

Article 30

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The following offences shall be deemed similar if re‐committed:

1. Offences set out in this Law and offences set out in the Law of Trademarks and Trade
Data No. 3 of 1978, referred to above.
2. Offences set out in Law No. 21 of 1972 on the standardisation of measures, scales
and weights, referred to above.
3. Offences set out in any other law pertaining to the elimination of fraud and deceit.

Article 31

1. Where an offence is committed by a company, a corporation, an association or


other private jurstic entity, its legal representative shall be deemed an accomplice
and punished in accordance with the penalties described in this Law.
For purposes of this Article, the legal representative referred to above means the
chairperson, legal manager, managing director, member of the board of directors, or any
person authorised to act on their behalf.
Such legal representative may be acquitted if it proves that:

a. The legal representative had no knowledge of the offence committed; or


b. The offence was committed against the will of the legal representative; or
c. The offence was intended to cause damage to the company, corporation, or
association represented thereby; or
d. The legal representative acted on behalf of another person or took all reasonable
precautions to prevent the offence from being committed.

Article 32 (Amended By Law 4/2014)

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a. Without prejudice to the sentences set out in this Law, and upon a reasoned
administrative resolution by a director of a competent municipality or competent
department in the Ministry of Municipal Affairs and Agriculture for areas outside the
jurisdiction of municipalities, each within their jurisdictions, any shop that sells
rotten, contaminated or damaged food, or food otherwise unsuitable for human
consumption or harmful to health or debased; or food that violates the
specifications and is harmful to human health may be closed.
Such closure shall be for a temporary period of one month for the first violation, two
months for the second violation, and three months for the third violation.
In all cases, the closure shall affect the entire shop if circumstances do not permit a
limited closure of only that section in which the violation occurred, provided that the costs
resulting from such closure shall be borne by the offender.
The person affected by the closure decision may appeal to the Minister of Municipal
Affairs and Agriculture in accordance with the provisions of Article 19 of Law No. 3 of
1975 regarding commercial, industrial and similar public premises.

Chapter Six
Final Provisions

Article 33 (Amended By Law 4/2014)

The Supreme Council of Health shall issue after, consulting with the Minister of Economy
and Commerce and the Minister of Municipality and Urban Planning, the resolutions to
execute this Law in as much as they comply with its provisions and fulfil its purposes.
The said resolutions shall not be effective before being endorsed by the Council of
Ministers.

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Article 34

The Decree‐Law No. 18 of 1976, referred to above, shall be repealed, as well as every
text or provision that contradicts the provisions of this Law. The determined specifications
in the existing legislation and resolutions shall remain in force until the executive
resolutions of this Law are issued.

Article 35

All competent authorities, each within its area, shall implement this Law, which shall be
enforced after sixty days from its date of publication in the Official Gazette.

Please do not consider the material presented above Official


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