The 2025 Comprehensive Guide to Food Safety and Energy Drink Regulations in Kuwait

Today, the State of Kuwait has reached a pivotal milestone in public health and consumer safety. Following the latest ministerial discussions, the Minister of Health, Dr. Ahmed Abdulwahab Al-Awadhi, has issued Ministerial Decree No. 351 of 2025, fundamentally overhauling the regulation of energy drinks across the nation. This decree works in tandem with the established Law No. 112 of 2013 and its landmark 2019 amendments to create one of the most rigorous food safety frameworks in the GCC region.

This article provides an in-depth analysis of these new regulations, the role of the Public Authority for Food and Nutrition (PAFN), and the severe penalties now in place for non-compliance.

The decision issued today aims to curb the health risks associated with high-stimulant beverages, particularly among youth. This regulation is not just a guideline; it is a binding law that redefines where and how these products are circulated.

Strict Age and Consumption Limits

• Age Restriction: It is now strictly prohibited to sell or circulate energy drinks to any individual under the age of 18.

• Daily Consumption Ceiling: Consumption is limited to a maximum of two cans per individual per day.

• Caffeine Control: Each container must not exceed a caffeine content of 80 mg per 250 ml.

Prohibited Distribution Zones

In a move to prioritize preventative healthcare, the decree bars the sale of energy drinks in a wide array of public and social spaces:

• Educational Institutions: All public and private schools, universities, and vocational institutes.

• Public Services: All government agencies and institutions.

• Hospitality & Retail: Restaurants, cafes, grocery stores, food trucks, and self-service vending machines.

• Sports Clubs: The decree explicitly includes sports clubs as “no-go zones” for energy drink sales.

• Digital Platforms: Selling or delivering energy drinks through online ordering platforms and delivery apps is now strictly forbidden.

Authorized Points of Sale

Energy drinks may now only be sold through Cooperative Societies and parallel markets. Even in these locations, retailers must designate specific areas for these products, subject to intensive oversight to ensure compliance with age and quantity limits.

To understand the legal weight behind these decrees, we must look at the Public Authority for Food and Nutrition (PAFN), established by Law No. 112 of 2013.

• Definition of Food: Under the law, “food” includes any substance intended for human consumption, whether manufactured, partially processed, or raw, excluding pharmaceuticals.

• National Mandate: PAFN is responsible for setting national policies for food safety, enhancing community nutrition, and monitoring the application of food laws.

• Import Regulation: Article 12, amended in 2019, commits the Authority to establishing laboratories at all land, sea, and air ports to examine imported food from abroad.

The 2019 amendments to Law No. 112 (Law No. 16 of 2019) significantly stiffened penalties to deter illegal food trade and the sale of harmful products.

Note: In the event of recurrence (a second offense), these penalties are doubled, and authorities may permanently stop the activity.

Under Article 16, the Minister of Health designates specific employees who hold the status of Judicial Police. These officers have broad powers to:

1. Enter food establishments and take samples for testing.

2. Inspect transport vehicles and storage facilities.

3. Search Private Residences: If there is strong evidence of food crimes within a private home, judicial officers can request a written warrant from the Public Prosecution to conduct a search and seize materials.

Kuwait relies heavily on international food imports, making the oversight of these goods a national security priority. Under the newly amended Article 12, the regulatory framework has been significantly strengthened:

• Mandatory Laboratory Testing: The Public Authority for Food and Nutrition, in cooperation with other state authorities, is committed to establishing dedicated laboratories at all border crossings—including land, air, and sea ports—specifically for examining imported food.

• Prohibition on Circulation: It is strictly forbidden to sell, distribute, or circulate any imported food products before a final decision is made regarding their suitability for human consumption and their conformity with prescribed technical specifications.

• Authority Reservation: The Authority has the legal right to reserve imported materials in designated locations to verify their safety. Owners or agents are prohibited from disposing of these goods in any way until the Authority issues a final release.

• Regional Compliance: These measures ensure that Kuwait remains in compliance with the GCC Customs Union Agreement, which utilizes a “single point of entry” system where food sampled and cleared at one GCC port does not require re-examination in another.

According to the Food Control Regulation (Decree 20/2017), every food facility must adhere to strict hygiene and transparency standards:

• Health Certificates: All food handlers must possess valid health certificates proving they are free from infectious diseases.

• Labeling Requirements: All products must have labels in Arabic (or an Arabic translation), written in a clear font that cannot be erased.

• Operational Bans: Smoking is strictly prohibited during the handling of food.

The 2019 legislative update introduced a more flexible “Reconciliation” (settlement) system for certain food violations to expedite legal procedures, provided it does not compromise public safety.

• Fines Range: Violators face fines ranging from a minimum of KD 100 to a maximum of KD 10,000 depending on the severity of the act. For repeat offenders, the penalty is automatically doubled.

• Eligibility for Settlement: Reconciliation may be accepted from a violator for acts where the prescribed fine does not exceed KD 3,000.

• Mandatory Offer: The officer recording the violation must officially offer the option of reconciliation to the violator.

• Payment Deadline: A violator wishing to reconcile must pay the minimum prescribed fine for the offense within two months from the date the offer was made.

• Legal Outcome: Successful payment within the deadline entails the “preservation of the violation” or the expiry of the criminal case and all its legal consequences.

The explanatory notes for these laws emphasize that securing food safety is critical to reducing the financial burden on the national health budget. By moving control from the Municipality to a dedicated Authority (PAFN), Kuwait has eliminated the “lack of coordination” that previously allowed spoiled food to seep into the market.

The latest decree on energy drinks reflects a shift towards preventative healthcare. Authorities believe that by removing high-caffeine triggers from social spots and delivery apps, they can shape a healthier lifestyle for the next generation of Kuwaitis.

Based on the current 2025 regulatory landscape and the “Food Control Regulations” (Decree 20/2017), food businesses in Kuwait should implement the following internal audit steps immediately:

• Audit Product Ingredients & Labels: Ensure all food products, especially energy drinks, comply with the new caffeine cap of 80mg per 250ml. Labels must feature an Arabic translation in a clear, permanent font that is larger than the foreign text.

• Worker Health & Hygiene: Verify that every employee handling food possesses a valid health certificate from competent government authorities. Smoking must be strictly prohibited in all food-handling areas.

• Strict Record Keeping: Establish a regular ledger recording every type of food held, including quantity, weight, source, and sales history. Sellers must provide an official written acknowledgment to merchant buyers stating the food meets all current regulations.

• Adjust Distribution Strategy: Restaurants, cafes, and food trucks must immediately halt the sale of energy drinks. Only Cooperative Societies and parallel markets may continue sales, and only within designated, supervised areas.

• Age Verification Protocols: Implement a mandatory ID-check system at points of sale to ensure no energy drinks are sold to individuals under the age of 18.

The regulations issued today—Ministerial Decree No. 351 of 2025—mark a new era for consumer rights in Kuwait. Backed by the heavy deterrents of the 2019 amended food law, these measures ensure that the health of the citizen is paramount. For businesses, the message is clear: compliance is not optional. Failure to follow these new age restrictions, caffeine caps, and distribution rules can lead to fines exceeding KD 100,000 and significant prison time.

Would you like a specialized checklist for your business to ensure 100% compliance with these new 2025 standards?