What is done with the excess of quality analysis samples for imported goods
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Fatwa number ( 9782 )
Q: 1 - Various samples of cheeses, juices, nuts, meats, perfumes, dairy products, and others are sent to the laboratory, representing large shipments. Some samples exceed the amount required for the necessary analysis. For example, a carton of juice containing 30 cans, where the analysis requires only 5 cans; or 10 bottles of mineral water, where the analysis requires only 5 bottles. There are many such examples. What is your opinion regarding the remainder of such samples? Is it permissible for the analyst to take them or give them to some of the deserving? It is known that such samples can be returned to customs, but most merchants do not come to inquire about such samples, whether their value is small or large. 2 - There are samples that are large in themselves, such as a tin of cheese, olives, or pickles, etc., where each weighs approximately 16 kilograms, and the analysis requirement does not exceed 200 grams after opening the sample. What is your opinion regarding benefiting from the remainder of the sample after analysis? It is known that opening the sample does not legally permit the wholesaler to sell it. In addition, the fact that such samples remain until the completion of procedures at the laboratory and customs may lead to their spoilage and disposal. Finally: In addition, many merchants do not come to inquire about the remainder of such samples, even if some did inquire. 3 - Some samples, such as meats, cakes, and ice cream, are sent to the laboratory in a frozen state. After analysis, the laboratory returns them to customs in a condition suitable for consumption. However, customs does not have (refrigerators) to store such samples in a frozen state, which leads to their spoilage at customs due to the merchant's delay
in receiving them, even if only for a few hours, or his complete failure to come. What is the Shaykh’s opinion regarding such samples, in terms of benefiting from them and not sending them to customs? 4 - Some samples are extracted from large containers, such as nuts (pistachios, pine nuts, and others), and the amount required for analysis is less than the quantity sent to the laboratory. What is the Shaykh’s opinion regarding benefiting from such samples that are in excess of the analysis requirement? It is known that the remaining samples after analysis may be neglected at customs for one of the reasons mentioned previously, which may lead to their spoilage. 5 - There are samples sent to the laboratory via the municipality, which are taken from grocery stores and factories in the Kingdom for the laboratory to determine their suitability. The officials in the municipality who bring the samples never come to inquire about the remainder of such samples, which leads to the sample spoiling when it remains in the laboratory. What is the Shaykh’s opinion regarding benefiting from such samples, by taking them or giving them to those who deserve them? Please inform us of the above. May Allah bless you and reward you with all good. Note: 1 - It is not possible to determine the quantity required for analysis; because some analyses require a large quantity, and others a small quantity. 2 - The merchants who own the samples are not known to the sample analyst, nor are the owners of the grocery stores whose samples were taken for analysis,
Even if it is only for a few moments, whether regarding taking possession of them or their complete non-arrival, what is the opinion of the honorable Shaykh regarding such samples, specifically regarding benefiting from them and not sending them to customs? 4 - There are some samples extracted from large packages, such as nuts (pistachios, pine nuts, and others), where the amount needed for analysis is less than the quantity sent to the laboratory. What is the opinion of the honorable Shaykh regarding benefiting from such excess samples that remain after analysis? It is known that the remaining samples after analysis may be neglected at customs for one of the reasons previously mentioned, which could lead to their spoilage. 5 - There are samples that arrive at the laboratory through the municipality; these are samples taken from grocery stores and factories in the Kingdom for the laboratory to determine their suitability. The officials in the municipality who bring the samples never come back to ask about the remainder of such samples, which leads to the sample spoiling when it remains in the laboratory. What is the opinion of the honorable Shaykh regarding benefiting from such samples, by taking them or giving them to those who deserve them? Please inform us of what has been presented. May Allah bless you and reward you with all good. Note: 1 - It is not possible to determine the required quantity for analysis, because some analyses require a large quantity and others a small quantity. 2 - The merchants who own the samples are not known to the analyst, and likewise the owners of the grocery stores from which samples were taken for analysis,
as well as the owners of the factories.
A: First: The responsible authorities, when requesting samples for analysis in the quality and suitability laboratory, should generally request only the amount sufficient for the analysis, and not request more than what is sufficient, nor accept more than necessary. Second: If part of the estimated quantity is sufficient, the remainder is returned to its owner. This is done by obtaining his address on the sample and setting a time to deliver the excess from the analysis, the place of delivery, and the person responsible for it, so that he can be contacted. Third: If the owner of the sample or his representative fails to appear, and there is a fear of the spoilage of the remaining sample, it is sold and the proceeds are deposited into the state treasury.
Q: 1 - Various samples of cheeses, juices, nuts, meats, perfumes, dairy products, and others are sent to the laboratory, representing large shipments. Some samples exceed the amount required for the necessary analysis. For example, a carton of juice containing 30 cans, where the analysis requires only 5 cans; or 10 bottles of mineral water, where the analysis requires only 5 bottles. There are many such examples. What is your opinion regarding the remainder of such samples? Is it permissible for the analyst to take them or give them to some of the deserving? It is known that such samples can be returned to customs, but most merchants do not come to inquire about such samples, whether their value is small or large. 2 - There are samples that are large in themselves, such as a tin of cheese, olives, or pickles, etc., where each weighs approximately 16 kilograms, and the analysis requirement does not exceed 200 grams after opening the sample. What is your opinion regarding benefiting from the remainder of the sample after analysis? It is known that opening the sample does not legally permit the wholesaler to sell it. In addition, the fact that such samples remain until the completion of procedures at the laboratory and customs may lead to their spoilage and disposal. Finally: In addition, many merchants do not come to inquire about the remainder of such samples, even if some did inquire. 3 - Some samples, such as meats, cakes, and ice cream, are sent to the laboratory in a frozen state. After analysis, the laboratory returns them to customs in a condition suitable for consumption. However, customs does not have (refrigerators) to store such samples in a frozen state, which leads to their spoilage at customs due to the merchant's delay
in receiving them, even if only for a few hours, or his complete failure to come. What is the Shaykh’s opinion regarding such samples, in terms of benefiting from them and not sending them to customs? 4 - Some samples are extracted from large containers, such as nuts (pistachios, pine nuts, and others), and the amount required for analysis is less than the quantity sent to the laboratory. What is the Shaykh’s opinion regarding benefiting from such samples that are in excess of the analysis requirement? It is known that the remaining samples after analysis may be neglected at customs for one of the reasons mentioned previously, which may lead to their spoilage. 5 - There are samples sent to the laboratory via the municipality, which are taken from grocery stores and factories in the Kingdom for the laboratory to determine their suitability. The officials in the municipality who bring the samples never come to inquire about the remainder of such samples, which leads to the sample spoiling when it remains in the laboratory. What is the Shaykh’s opinion regarding benefiting from such samples, by taking them or giving them to those who deserve them? Please inform us of the above. May Allah bless you and reward you with all good. Note: 1 - It is not possible to determine the quantity required for analysis; because some analyses require a large quantity, and others a small quantity. 2 - The merchants who own the samples are not known to the sample analyst, nor are the owners of the grocery stores whose samples were taken for analysis,
Even if it is only for a few moments, whether regarding taking possession of them or their complete non-arrival, what is the opinion of the honorable Shaykh regarding such samples, specifically regarding benefiting from them and not sending them to customs? 4 - There are some samples extracted from large packages, such as nuts (pistachios, pine nuts, and others), where the amount needed for analysis is less than the quantity sent to the laboratory. What is the opinion of the honorable Shaykh regarding benefiting from such excess samples that remain after analysis? It is known that the remaining samples after analysis may be neglected at customs for one of the reasons previously mentioned, which could lead to their spoilage. 5 - There are samples that arrive at the laboratory through the municipality; these are samples taken from grocery stores and factories in the Kingdom for the laboratory to determine their suitability. The officials in the municipality who bring the samples never come back to ask about the remainder of such samples, which leads to the sample spoiling when it remains in the laboratory. What is the opinion of the honorable Shaykh regarding benefiting from such samples, by taking them or giving them to those who deserve them? Please inform us of what has been presented. May Allah bless you and reward you with all good. Note: 1 - It is not possible to determine the required quantity for analysis, because some analyses require a large quantity and others a small quantity. 2 - The merchants who own the samples are not known to the analyst, and likewise the owners of the grocery stores from which samples were taken for analysis,
as well as the owners of the factories.
A: First: The responsible authorities, when requesting samples for analysis in the quality and suitability laboratory, should generally request only the amount sufficient for the analysis, and not request more than what is sufficient, nor accept more than necessary. Second: If part of the estimated quantity is sufficient, the remainder is returned to its owner. This is done by obtaining his address on the sample and setting a time to deliver the excess from the analysis, the place of delivery, and the person responsible for it, so that he can be contacted. Third: If the owner of the sample or his representative fails to appear, and there is a fear of the spoilage of the remaining sample, it is sold and the proceeds are deposited into the state treasury.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.