Notable Provisions of the Food and Drugs Act of Nigeria

This article will be looking at notable provisions of the Food and Drugs Act of Nigeria which is the primary statute applicable to the topics of :-

– Prohibited classes of food,drugs, cosmetics and devices

– Prohibition of selling or advertising certain classes of food as treatment for certain diseases

– Powers of the Minister of Health to obtain particulars in respect of certain substances

– The prohibition of various misleading practices

– The manufacture of food under unsanitary conditions

Prohibition of the Sale of Certain Food, Drugs, Cosmetics and Devices

(1) No person shall sell, import, manufacture or store any article of food which-

(a) has in it or upon it any poisonous or harmful substance not being a food additive or contaminant of a type and within the level permitted by regulations made under this Act; 

(b) is unfit for human consumption; or 

(c) consists in whole or in part of any filthy, disgusting, rotten or diseased substance.

(2) No person shall sell, import, manufacture or store any article of food or any drug which is adulterated. 

(3) No person shall sell, import, manufacture or store any article of food or any drug or cosmetic which was manufactured, prepared, preserved, packaged, or stored under insanitary conditions. 

(4) No person shall sell, import, manufacture or store any cosmetic which-

(a) has in it or upon it any substance which may cause injury to the health of the user thereof when the cosmetic is used-

(i) according to the directions on the label or otherwise accompanying the cosmetic; or

(ii) for such purposes and by such methods of use as are customary or usual therefore; or 

(b) consists wholly or in part of any filthy or decomposed substance or of any foreign matter. 

(5) No person shall sell, import, manufacture or store any device which, when used according to the directions on the label or otherwise accompanying the device, or under such conditions as are customary or usual therefore, may cause injury to the user thereof.

 Prohibition of the Sale or Advertisement of Food as Treatment for Certain Diseases

The act provides that no person shall-

(a) advertise to the general public any food, drug, cosmetic or device as treatment, preventative or cure for any of the diseases, disorders or abnormal physical states specified in the First Schedule to this Act; or 

(b) sell any food, drug, cosmetic or device that is represented on the label or is advertised to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states specified in the said First Schedule to this Act. 

Prohibition of Importation, Exportation and distribution of Specified Drugs

The act provides that no person shall import into Nigeria or export therefrom, manufacture, sell, distribute or cause to be distributed (whether as samples or otherwise) any of the drugs specified in the Second Schedule to this Act. 

Power of the Minister To Obtain Particulars in Respect Of Certain Substances

The act provides in its Section 4 that :- 

(1) Where any person carries on any business in the course of which any substance-

a) is used in the preparation of any food, drug or cosmetic; or (b) is imported, produced or sold for use in the preparation of any food, drug or cosmetic, the Minister or any person authorised by the Minister in that behalf may serve on that person a notice requiring him to furnish to the Minister within such time as may be specified in the notice such particulars as may be so specified in respect of every substance which, being a substance or a substance of a class specified in the notice, is in the course of that business used as mentioned in paragraph (a) of this subsection or imported, produced or sold for use as mentioned in paragraph (b) of this subsection. 

(2) Without prejudice to the generality of subsection (1) of this section, a notice under that subsection may in particular require the furnishing of the following particulars of any substance to which it applies, that is to say-

(a) particulars of the composition of the substance and the chemical formula of every ingredient thereof;

 (b) particulars of the manner in which the substance is used or intended to be used in the preparation of any food, drug or cosmetic; 

(c) particulars of-

(i) any investigations (and over what period of time) carried out by or on behalf and to the knowledge of the person carrying on the business for the purpose of determining whether or not the substance or any product produced when the substance is used as mentioned in paragraph (b) of this subsection is injurious to or otherwise affects health, and the result of any such investigations;

 (ii) any investigations or inquiries (and over what period or time) carried out by or on behalf and to the knowledge of the person carrying on the business for the purpose of determining the cumulative effect on the health of any person consuming in ordinary quantities that substance or any product produced when the substance is used as mentioned in paragraph (b) of this subsection. 

(3) No person shall disclose any information supplied to the Minister in pursuance of a notice under subsection (1) of this section except-

(a) with the written consent of the person who supplied the information; or 

(b) in accordance with the directions of the Minister; or

(c) for the purposes of any proceedings under this Act. 

Prohibition of Various Misleading Practices

The act provides here that no person shall-

(a) label, package, treat, process, sell or advertise any food, drug, cosmetic or device in a manner that is false or misleading or is likely to create a wrong impression as to its quality, character, value, composition, merit or safety; 

(b) where a standard has been prescribed for any food, drug, cosmetic or device; label, package, sell or advertise any substance or article in such a manner that the substance or article is likely to be mistaken for that food, drug, cosmetic or device unless the substance or article complies with the prescribed standard;

 (c) where a standard for a drug is contained in any of the publications specified in the Third Schedule to this Act, label, package, sell or advertise any substance which is not of the published standard in a manner likely to cause it to be mistaken for a drug of the published standard; 

(d) in the case of drug for which no standard has been prescribed under the regulations or in any of the publications specified in the Third Schedule to this Act-

(i) sell that drug in any manner which is likely to deceive or mislead a purchaser into thinking that the drug conforms to a standard prescribed as aforesaid; or 

(ii) sell that drug as complying with some other standard unless the drug complies with the professed standard under which it is sold. 

Manufacture of Food Under Unsanitary Conditions

No person shall under unsanitary conditions manufacture, prepare, preserve, package or store for the purpose of selling, any food, drug or cosmetic. 

Pursuant to the first part above, this article will be focused on notable provisions of the Food and Drugs Act concerning the topic of:-

– The Designation of Inspecting Officers and Analysts

– The powers of inspecting officers

– False statements

– Obstruction of inspecting officers

– Powers of inspecting officers on the importation of food

– Forfeitures

– The Food and Drugs Advisory Council.

Designation of Inspecting Officers and Analysts

(1) The Minister may, on the recommendation of the Food and Drugs Advisory Council, and subject to the provisions of this section, designate-

(a) as a food and drug analyst; or 

(b) as a drug analyst; or 

(c) as a food and drug inspection officer, any person (whether or not a member of the public service of the Federation) who possesses such qualifications and fulfil such other requirements, if any, as are prescribed under this section and shall furnish to every person so designated a certificate of designation.

 (2) A person shall not be designated a food and drug analyst unless he is a graduate in chemistry and-

(a) has at his disposal such laboratory facilities as are, in the opinion of the Minister, adequate to enable him to discharge his functions properly under this Act;

(b) produces evidence of post-graduate training or qualification in the analysis of food and drugs; and

(c) has had not less than five years’ continuous post-graduate relevant experience in the analysis of food and drugs in an approved laboratory. 

(3) A person shall not be designated a drug analyst unless he holds a professional qualification in pharmacy acceptable to the Minister and-

(a) has at his disposal such laboratory facilities as are, in the opinion of the Minister, adequate to enable him to discharge his functions properly under this Act; 

(b) produces evidence of post-qualification training or experience in the analysis of drugs; and

(c) has had not less than five years’ continuous post-qualification experience in the analysis of drugs in an approved laboratory. 

Powers of Inspecting Officers

(1) An inspecting officer may, in the course of his duty, at any reasonable time and on production of his certificate of designation if so required-

(a) enter (if need be by force) any premises in which he reasonably believes that any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged, stored or sold; 

(b) examine any article in the premises which appears to him to be an article to which this Act or the regulations apply or anything in the premises which he reasonably believes is used or is capable of being used for the manufacture, preparation, preservation, packaging, storage or sale of any such article; 

(c) take a sample or specimen of any article to which this Act or the regulations apply or which he has power to examine under paragraph (b) of this subsection; 

(d) open and examine, while on the premises, any container or package which he reasonably believes may contain anything to which this Act or the regulations apply or which may help him in his investigation; (e) examine any books, documents or other records found on the premises which he reasonably believes may contain any information relevant to the enforcement of this Act or the regulations and make copies thereof or extracts therefrom; and 

(f) seize and detain for such time as may be necessary for the purposes of this Act any article by any means of or in relation to which he reasonably believes any provision of this Act or the regulations has been contravened. 

(2) In subsection (1) of this section, the expression “article to which this Act or the regulations apply” means-

(a) any food, drug, cosmetic or device;

(b) anything used for the manufacture, preservation, packaging or storing of any food, drug, cosmetic or device; and

(c) any labelling or advertising material relating to or for use in connection with any food, drug, cosmetic or device, but does not include live animals. 

(3) The owner or person in charge of any premises entered by an inspecting officer pursuant to this section, and every person found therein, shall give all reasonable assistance in their power to the inspecting officer and shall make available to the inspecting officer all such information as the officer may reasonably require for the purposes of this Act. 

(4) Any article seized under this Act shall be kept or stored in such a place as the inspecting officer may direct and shall be returned to the owner or the person from whom it was seized if the article, upon analysis or examination, is found to conform to the requirements of this Act and the regulations.

 (5) Any article seized by an inspecting officer pursuant to this Act or the regulations may be submitted to an analyst for analysis or examination and the analyst, upon making such analysis or examination, shall issue a certificate or report in the prescribed form setting forth the result of such analysis or examination and, without prejudice to the generality of section 19 (2) of this Act, the inspecting officer shall on demand deliver a copy of such certificate or report to the owner of the article if the article is to be the subject of proceedings under this Act. 

False Statements 

No person shall wilfully make or insert any false statement in any certificate or other document required by this Act or the regulations to be issued, made or furnished.

Obstruction Of Inspection Officers

No person shall-

(a) obstruct or resist an inspecting officer in the execution of his duty under this Act or the regulations; or

 (b) make in any manner whatsoever to an inspecting officer acting in the course of his duties any statement which that person knows or has reasonable cause to believe to be false or misleading; or

(c) without the authority of an inspecting officer remove, alter or interfere in any way with any HOLD LABEL tag or article seized under this Act.

Power of Inspecting Officers on Importation of Food

(1) An inspecting officer shall have the right to examine any customs entries of any food, drug or cosmetic imported for use in Nigeria and for the purposes of analysis or examination thereof to take samples of any such food, drug, or cosmetic while still in any customs shed or government warehouse in Nigeria.

(2) Where sample are taken by an inspecting officer pursuant to subsection (1) of this section, the food, drug or cosmetic from which they are taken shall not be released to the importer except on production of an analyst’s certificate or report to the effect that the food, drug or cosmetic complies with the requirements of this Act and the regulations. 

(3) Where, in the course of his duties under this Act or the regulations an inspecting officer takes a sample of any food, drug or cosmetic for the purposes of analysis, he shall, in the presence of the owner or importer or any person in apparent control of the food, drug or cosmetic, seal the article in triplicate, one copy of which shall be sent to the analyst, the second retained by him and the third delivered to the owner, importer, or person in apparent control, as the case may be. 

Forfeiture 

The act provides that :-

(1) Where the owner of an article seized under this Act consents to the forfeiture thereof the article shall thereupon be forfeited to the Minister.

(2) Where a person has been convicted of an offence under this Act or the regulations the court may order that the article by means of or in respect of which the offence was committed, and anything of a similar nature belonging to or in the possession of the person  or found with convicted that article, be forfeited to the Minister. 

(3) Without prejudice to the provisions of subsection (1) of this section, where any article has been seized under this Act, a judge of a Federal High Court may, upon application by an inspecting officer and after the giving of notice to such persons as the judge or magistrate may direct, order that the article and anything of a similar nature found therewith be forfeited to the Minister, if after hearing all the parties concerned he is of the opinion that the article is one by means of or in relation to which any of the provisions of this Act or the regulations is being or has been contravened.

(4) Where, whether in pursuant of an order under this section or otherwise, any article or thing is forfeited to the Minister under this section it shall vest in the Minister free from encumbrances, and the Minister may retain it or cause it to be destroyed or otherwise disposed of as the Minister thinks fit. 

The Food and Drugs Advisory Council

 (1) The Minister may set up a Council to be known as the Food and Drugs Advisory Council, to assist and advise him in the preparation and review of regulations for carrying out the purposes and provisions of this Act and with respect to any other matters connected with this Act. 

(2) The said Council shall consist of such persons as the Minister may appoint, being persons who appear to the Minister to be suitable for appointment-

(a) by reasons of their knowledge or experience of the matters to which this Act relates; or 

(b) as representing the interests of producers or distributors of food, drugs, cosmetics or devices; or

 (c) as representing the interests of consumers or users thereof.