Private Laboratory System

Article (1):

The following terms, wherever they appear in this system, shall have the meanings described before them:
1. The competent Ministry: Ministry of Commerce, Ministry of Health, Ministry of Agriculture and Water, the Ministry of Industry and Electricity, the Ministry of Municipal and Rural Affairs, or other Ministries prescribed by the Regulations, as required by the text or context.
2. Authority: Saudi Arabian Standards and Metrology Organization.
3. Goods: Trading commodities locally produced or imported, whether in the form of materials, equipment, tools or others.
4. Test: Each analysis, calibration or test aims to determine the characteristics of performance, efficiency, effectiveness or conformity.
5. Laboratory: Every place prepared to test any commodity.

 
Article (2):
As per the decision of the competent Minister, it is allowed to use qualified and licensed national laboratories for the purpose of examining domestic and imported goods.
 
Article (3):
Initial license is granted to laboratories after the availability of the following conditions:
1. License applicant shall be a Saudi, whether natural or legal person.
2. The applicant shall commit to appoint a Saudi technical director of the laboratory.
3. The applicant shall commit to provide scientifically qualified specialists in addition to equipment and tools necessary for laboratory work, consistent with the size and nature of the work, as determined by the competent Ministry and the Authority.

 
Article (4):
The Regulations shall specify the categories of laboratories and conditions to be met for each category based on the recommendation of the Authority.
 
Article (5):
The Regulations shall specify the procedures for obtaining the license, and the time needed to consider the request.

 
Article (6):
Licensee will be, initially, given a grace period not exceeding six months to complete the following:
1. Organization chart of the laboratory.
2. The technical staff to run the lab, and to provide a certified copy of their qualifications and their training courses.
 3. Accreditation by SASO in accordance with the list of quality mark, a certificate of conformity and adoption of the services (laboratory accreditation), and in the case of the expiration of six months without completing the requirements, the initial licensing shall be canceled. 

 
Article (7):
A - Competent Ministry issues the license to the private lab after the completion of the following:
1. Completing the requirements of Article 6 and determining the quality of the goods and tests, and the upper limit of the pricing of each test that requires a license.
 2. Paying the required fee amounting to five thousand SR (5000) for the head office, and two thousand five hundred SR (2500) for each branch.
 B - License validation period is five years, and the license is renewed at the request of the person concerned, who shall submit a request to the competent Ministry before at least three months from the date of expiry, And the renewal will be from the license expiration date.

 
Article (8):
The competent Ministry issues a decision on goods to be tested by a private laboratory before sixty days from assigning the task to a private lab, and then announces it in the Official Gazette, and be reported to the Ministry of Finance and National Economy (Customs Department) . 

 
Article (9):
The Laboratory must comply with the following:
1. Limit the testing for certain goods, as specified by the license.
2. Maintain the level of performance and accuracy according to the principles of the profession in the examination process, as well as honesty, sincerity and impartiality. It also must maintain secrets of work and safety of devices.
3. Keep records of the results of the tests for a period not less than five years to be referred to when needed.
4. Highlight the license, the organization chart, technical divisions, the costs of testing and the accreditation certificate obtained from SASO in a conspicuous place at the entrance of the laboratory and not to make any amendment thereto, only after getting approval from the Ministry.
5. Maintain confidentiality when transferring samples and test results, and not to give any information except for the professionals.

 
Article (10):
1. Technicians from the competent ministry shall run the task of sampling and processing samples as determined by the approved standard specifications.
• For imported goods, a pledge shall be taken from the owner not to dispose any of the goods except after the final inspection.
• For locally produced goods, a pledge shall be taken too from the owner not to dispose of the goods only after being authorized by the competent authority.
2. The samples will be handed over -after being processed by technicians - to the office of the private laboratory with a letter containing an accurate description of the sample and the required tests to be conducted in accordance with the approved standard specifications.
3. The laboratory shall be committed to report the results with the rest of the samples or a proof that the rest of samples were consumed during the test, to the concerned authority within fifteen days from the date of withdrawal of the sample, which shall be reported to the competent ministry, containing the result of the examination, within a period not exceeding twenty-five days from the date of sample withdrawal.
4. The owner of the item requiring testing shall pay the necessary expenses. 

 
Article (11):
Without prejudice to any severer penalty required by other systems, any violator of the provisions of this law would be punishable by one or more of the following penalties:
 • Warning.
• A fine not less than five thousand riyals and not exceeding twenty thousand riyals.
• Suspending the license for a period not less than thirty days and not more than sixty days.
 • Withdrawal of the license in case of recurrence. 

 
Article (12):
Penalty of Delay would be applied as follows:
1. One thousand riyals for each year of delay of the license's renewal, and the renewal of the license shall be from the expiration date.
2. A fine equal to the cost of the test subject of violation in the case of delay, from the laboratory side, to give the result within the period specified in paragraph (4) of Article (10).
 
Article (13):
Specialized staff shall implement monitoring and inspection of laboratories and detect the violations of the provisions of this law, regulations and decisions. The implementing regulation shall specify the following:
1. The responsible authority to name such staff.
2. Powers and authorities of the officers authorized to enter the laboratory to inspect, detect the irregularities, hold up the samples, documents and devices under the violation, conduct the necessary investigations, and handle reasons for approaching security forces.
3. The concerned authority that has the right to get permission to enter laboratories for inspection purposes.
The staff responsible for monitoring, inspection and detection shall commit to confidentiality and good behavior and provide the concerned person what proves their identity, their official position and the purpose of the visit. 

 
Article (14):
The Implementing regulation shall specify the procedures for the investigation and prosecution and the party that holds that.
 
Article (15):
The Board of Grievances is responsible for settling the violation of this law and imposing penalties. 

 
Article (16):
The Minister of Commerce issues, in agreement with each of the ministries of Interior, Health, Agriculture and Water, Electricity, and Municipal and Rural Affairs, the implementing regulation for this law.

 
 Article (17):
This law shall be published in the Official Gazette and shall enter into force after one hundred and eighty days from the date of its publication.​


 


Last modified 19 Jul 2020
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