Law No. (7) of 2019 Concerning the Establishment of Abu Dhabi Agriculture and Food Safety Authority
Abu Dhabi Official Gazette, 31 January 2019
Article 1 — In the implementation of the provisions of this Law, the following words and ¶
phrases shall have the meanings corresponding thereto, unless the context
requires otherwise:
State : The United Arab Emirates.
Emirate : The Emirate of Abu Dhabi.
Government : The Government of Abu Dhabi.
-- 46 of 94 --
46
Executive
Council
: The Executive Council of the Emirate.
Authority : Abu Dhabi Agriculture and Food Safety Authority.
Board of
Directors
: The Authority's Board of Directors.
Concerned
Entities
: The relevant Federal and local entities.
Agriculture : All plant and animal activities associated with Food Chain.
Food Chain : All stages of Food, starting from feed through Initial
Production until delivery to consumers, including
the stages of manufacture, preparation, processing,
packaging, filling, transport, storage, distribution, display
and sale.
Initial
Production
: The stages preceding the manufacturing and processing
of Food, including the cultivation, harvest, Farm Animals
husbandry, milking, hunting wild Animals, fishing,
aquaculture, collecting and harvesting wild products.
Agricultural
Production
Inputs
: Material or mixture of biological materials or inputs used
in the direct management of Plants and Animals, may be
applied on the land, water, Plants and Animals, including
the Agricultural Production Inputs, pesticides including
biocides, chemical pesticides, insect growth regulators,
veterinary medicines including vaccines and hormones,
in addition to biological control elements, fertilisers, feed
and pheromones.
Biosecurity : The integrated strategic approach for the analysis and
management of risks related to human, animals and
plants health, including environmental-related risks.
Food Security : A situation where human beings may, at all times, have
material and economic access to sufficient and valuable
Food that meet their nutritional needs for a healthy and
active life.
Animals : All species of mammals, birds, fish, bees and reptiles
associated with the Food Chain.
-- 47 of 94 --
47
Plants : Live plants or any part thereof, including seeds.
Food : Any material or part of material, intended for human
consumption by eating or drinking, whether raw,
manufactured or semi-manufactured, including
beverages, bottled water, chewing gums, as well as any
material involved in the manufacturing, preparation and
processing of Food, excluding cosmetics, tobacco or
materials used only as drugs.
Food Safety : A guarantee that the Food does not cause damage to the
consumer when traded or consumed.
Facility : The legal person licensed to exercise any agricultural or
Food activity, whether through a permanent or temporary
mobile or immobile utility.
Farm : The ground area intended for use in the field of Animals,
Plants or both.
Ranch : The ground area leased as shelter for the breeding
or production of Animals authorised for breeding or
production.
Article 2 — • An authority called “Abu Dhabi Agriculture and Food Safety Authority” ¶
shall be established pursuant to the provisions of this Law, shall have an
independent legal personality and full legal capacity to act, and it shall be
affilied to the Executive Council.
• The Authority shall replace Abu Dhabi Food Control Authority and the
Farmers’ Services Centre in the Emirate of Abu Dhabi and all their affiliated
centres, such as the Food Security Centre and others. All their assets,
rights and obligations shall be transferred to the Authority, which shall be
considered the legal successor thereof.
• The employees and workers of Abu Dhabi Food Control Authority and the
Farmers’ Services Centre in the Emirate of Abu Dhabi and the employees
of all their affiliated centres shall be transferred to the Authority, without
prejudice to their financial rights.
-- 48 of 94 --
48
Article 3 — The Authority’s Main Office shall be located in Abu Dhabi City and the Board ¶
of Directors may establish centres, branches or offices inside or outside the
Emirate following the approval of the Executive Council.
Article 4 — • The Authority shall be the local authority concerned with Agriculture, Food ¶
safety, Food Security and Biosecurity in the Emirate. It aims to develop
a sustained development sector in the field of Agriculture, Food Safety,
protection of the plants and animals health, in a way promoting Biosecurity
and achieving Food Security. It may, in order to achieve its objectives,
exercise the following powers and competencies:
1. Preparing the general policy and strategies of the Authority’s field of
functions and submitting them to the Executive Council for approval.
2. Preparing plans, programmes and activities in the field of Agriculture,
Food safety and Food Security.
3. Entering into partnerships and investments with investment funds,
investors and the private sector in the fields of work of the Authority,
supervising the plans and programmes related thereto and ensuring
that they are compatible with the Government’s directions.
4. Issuing the necessary permits and licences to exercise any activity
related to Agriculture or Food according to the legislations in force.
5. Controlling and inspecting Facilities, Farms and Ranches in the Emirate,
the Agricultural Production Inputs in all stages of use thereof, and the
Food and agricultural products imported, exported or produced inside
the State and traded in the Emirate, including the control of residues of
pesticides and veterinary medicines according to the legislations in force.
6. Supervising the establishment and management of the emergency Food
reserves in cooperation with the Concerned Entities.
7. Conducting applied studies and researches related to its fields of work.
8. Coordinating with the Concerned Entities to review the plans and
-- 49 of 94 --
49
programmes related to the agricultural services in the Emirate.
9. Creating marketing and promotional channels for the local agricultural
products.
10. Laying down plans and Biosecurity programmes to preserve the animal
and plant health, and supervising and controlling the implementation
thereof in coordination with the Concerned Entities.
11. Raising awareness and educating the various segments of society
concerning Agriculture and Food safety and introducing the Authority
and its objectives to the public.
12. Organising agricultural and Food support programmes in the Emirate.
13. Organising conferences, exhibitions and festivals related to its functions
or participating therein.
14. Cooperating and coordinating with the Concerned Entities on the
listing of Food Security and Biosecurity requirements within their plans,
preparing and implementing the necessary plans for the management
of accidents, crises and emergencies related to the Authority’s
competencies.
15. Controlling and inspecting the Food safety requirements, Biosecurity
and Food Security in slaughterhouses of all types and agricultural and
animal markets in the Emirate.
16. Promoting sustainable agricultural development through the protection
of natural resources related to the Authority’s functions and working on
raising the level of guiding services.
17. Cooperating and coordinating with the research and studies centres,
universities and organisations concerned with the fields of the Authority’s
functions.
18. Concluding agreements and memoranda of understanding with the
relevant entities inside or outside the Emirate according to the rules in
force.
19. Any other competencies or tasks assigned to the Authority by the
Executive Council.
-- 50 of 94 --
50
• The Executive Council may amend the competencies of the Authority stated
in this Law or any other legislation, through deletion, addition or transfer.
• The Authority may delegate some of its competencies to any other
governmental entity or outsource some of them to the private sector
following the approval of the Executive Council.
Article 5 — • The Authority shall be managed by a Board of Directors consisting of at ¶
least five members, including the Chairman, who are appointed by virtue
of a resolution of the Chairman of the Executive Council.
• The term of the Board's membership shall be three years renewable for
similar periods.
• The remuneration of the Board of Directors shall be determined by an
Executive Council resolution.
• The Chairman of the Board may invite any expert it deems convenient to
attend its meetings without having the right to vote.
• The internal rules and regulations shall determine the procedures of the
Board of Directors’ meetings and the method of voting on its resolutions.
Article 6 — • The Board of Directors shall be the competent authority to manage and ¶
steer the Authority’s affairs and shall have all necessary competencies for
the same according to the provisions of this Law. It may, in particular:
1. Approve the Authority’s general policy and strategies and submit them
to the Executive Council for approval and follow up the implementation
thereof to achieve its objectives.
2. Approve the legislations related to the Authority’s functions and submit
them to the Executive Council according to the legislations in force.
3. Approve the organisational structure of the Authority and submit it to
the Executive Council for approval according to the rules in force.
4. Approve the fees, tariffs and prices related to the competencies of the
Authority and submit them to the Executive Council for approval.
-- 51 of 94 --
51
5. Approve the annual draft budget and submit it to the Executive Council
for approval.
6. Approve the financial statements of the Authority according to the
legislations in force.
7. Form permanent and temporary committees from among its members
or others to carry out the tasks assigned to them.
8. Any other competences or tasks assigned by the Executive Council.
• The Board of Directors may delegate some of its powers to the Director
General of the Authority as may be required by the need and benefit of
the work.
Article 7 — • The Authority shall have a Director-General appointed by a resolution of ¶
the Chairman of the Executive Council who shall steer and supervise the
Authority’s daily work, and shall in particular:
1. Propose the strategic and executive plans of the Authority according to
the legislations in force.
2. Manage, develop, follow up and implement all strategic and executive
plans and tasks entrusted to the Authority, either directly or through the
work teams appointed or assigned with tasks, without contradicting the
legislations in force.
3. Propose initiatives, programmes, projects, studies, policies and
recommendations related to the Authority’s functions and activities and
present them for approval according to the rules in force and follow up
the implementation thereof.
4. Propose the annual draft budget of the Authority and submit it for
approval according to the legislations in force.
5. Prepare the financial statements of the Authority and submit them to
the Board of Directors.
6. Propose the organisational structure of the Authority and submit it for
approval according to the legislations in force.
-- 52 of 94 --
52
7. Propose legislations, regulatory and executive regulations, rules, policies,
resolutions and circulars, including the violations and administrative
fines related to the competencies of the Authority and submit them to
the Board of Directors.
8. Propose fees, tariffs and prices related to the competencies of the
Authority and submit them for approval according to the legislations in
force.
9. Open bank accounts in the name of the Authority according to the
legislations in force.
10. Form committees and internal work teams from among the employees
of the Authority and outside the Authority, and determine their tasks
and work procedures.
11. Represent the Authority before the Courts and third parties.
12. Any other functions or tasks assigned by the Board of Directors.
• The Director General may delegate some of his competencies to any
senior employee in the Authority, provided that the delegation is in writing.
Article 8 — The Authority’s financial resources shall consist of: ¶
1. Annual appropriations allocated thereto by the Government.
2. Revenues earned from the income of services provided through the
exercise of its activities and functions.
3. Donations, grants, contributions or any other revenues approved by the
Executive Council.
Article 9 — The Authority's fiscal year shall start on the first of January and end on the ¶
31st of December of every year, except for the first fiscal year that shall start
on the date of entry of this Law into effect and end on the 31st of December
of the following year.
-- 53 of 94 --
53
Article 10 — The Authority shall have one or more accredited external auditors to verify ¶
its accounts and financial statements, who shall be appointed by virtue of a
resolution issued by the Board of Directors according to the legislations in
force, specifying as well their remuneration.
Article 11 — All persons, entities and government and private companies shall provide ¶
the Authority with the documents and information required to assume or
perform its competencies.
Article 12 — • The Authority shall be subject to the financial laws and rules in force in ¶
the Emirate.
• The Authority’s employees shall be subject to the human resources laws
and rules in force in the Emirate.
• The National employees shall be subject to the Civil Retirement Pensions
and Benefits Law in force in the Emirate.
Article 13 — The Chairman of the Judicial Department - Abu Dhabi shall issue, in ¶
agreement with the Chairman of the Board of Directors, a resolution
specifying the employees of the Authority who have the capacity of law
enforcement judicial officers for the crimes falling within their jurisdiction.
They shall have the right of inspection and control to ensure that all entities,
companies and persons abide by the provisions of the legislations related to
the competencies of the Authority.
Article 14 — No natural or legal person shall: ¶
1. Exercise any commercial, industrial or professional activity related to
Agriculture, Food or any activity related to the Authority’s competency,
-- 54 of 94 --
54
without obtaining the necessary licences or permits from the Authority.
2. Exercise any work that would lead to the spread of pests, epidemics
and diseases, which disrupts the Biosecurity system and damages the
human, animal or plant health.
3. Trade - without a permit or licence from the Authority - in all the
Agricultural Production Inputs, irrigation water, veterinary medicines,
feed or any materials or commodities, whether subsidised or not, or any
other services provided by the Authority to the customers.
Article 15 — Without prejudice to any more severe penalty set forth in another law, ¶
whoever violates the provisions of Clauses (2) and (3) of Article (14) shall
be punished by imprisonment for a period of not less than three months
and a fine not less than one hundred thousand Dirhams or by one of these
penalties.
Article 16 — • Without prejudice to any more severe penalty set forth in another Law, an ¶
administrative fine not exceeding AED (10,000,000) ten million Dirhams
shall be imposed on whomever violates the provisions of this Law and
its regulatory and executive regulations, rules, policies, resolutions and
circulars implementing the same.
• The Authority shall collect the administrative fines and the Chairman of
the Board of Directors shall issue, following the approval of the Executive
Council, a table specifying the violations and administrative fines prescribed
for each, without exceeding the fine limit set forth in this Article.
• The law enforcement judicial officers may offer reconciliation to the
violator, provided that it is evidenced in the minutes of proceedings. The
violator who accepts reconciliation shall pay a fine equivalent to (75%) of
the total administrative fine specified for the violation, within a period not
exceeding sixty days from the date of offering reconciliation thereto.
-- 55 of 94 --
55
• In all events, if the violator does not remove the effects of the violation in a
timely manner, the Authority shall remove them at the violator's expense.
The regulatory and executive regulations of this Law shall determine the said
reconciliation procedures including its time limits.
Article 17 — • The Authority may impose any of the following administrative penalties: ¶
1. Informal verbal warning.
2. Warning.
3. Placing the Facility under financial, administrative and technical
supervision.
4. Suspending the Facility’s activity temporarily.
5. Suspending any services or programmes provided by the Authority to
the Facility, Farm or Ranch on a temporary or permanent basis.
6. Cancelling or suspending the licence.
7. Closing the Facility on a temporary or permanent basis.
• A grievance may be filed against administrative penalties before the
Authority within sixty days from the date of notification of the applicant
thereof. The non-settlement of the appeal within ninety days from the date
of filing it shall be considered as an acceptance thereof.
• The regulatory and executive regulations of this Law shall determine the
procedures and rules of application of the administrative procedures set
forth above.
Article 18 — • The Board of Directors shall issue, following the approval of the Executive ¶
Council, the regulatory and executive regulations of this Law.
• The Board of Directors shall issue the executive and operational policies,
rules, resolutions and circulars necessary for the implementation of the
provisions of this Law.
• The current policies, rules, regulations, resolutions and circulars shall
-- 56 of 94 --
56
continue to be valid to the extent that it does not contradicting the
provisions of this Law, until the issuance of the policies, regulations, rules
and resolutions implementing the provisions thereof.
Article 19 — • The aforesaid Law No. (2) of 2005 shall be repealed. ¶
• The aforesaid Law No. (4) of 2009 shall be repealed.
• Any provision that is contrary to or inconsistent with the provisions of this
Law shall be repealed.
Article 20 — This Law shall be published in the Official Gazette and shall be effective from ¶
the date of its publication.
Issued by us in Abu Dhabi
On: 31 January 2019
Corresponding to: 25 Jumada Al-Awwal 1440 Hijri
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi
-- 57 of 94 --
57
Unofficial text extracted from public documents; formatting and completeness are not guaranteed. Verify against the official source. In case of conflict, the Arabic text prevails. Not legal advice. Official source ↗