REGULATION AND ENFORCEMENT OF

FOOD SAFETY IN NIGERIA

INTRODUCTION: AN OVERVIEW OF NIGERIA

SITUATED IN WEST

AFRICA

AREA: 923,768 KM²

STRUCTURE: 36 STATES

CAPITAL: ABUJA

POPULATION: 167

MILLION

ADULT LITERACY RATE :

68%

BELOW POVERTY LINE:

FOOD PRODUCTION PATTERN

Some Major Food products Cultivated in Nigeria Includes;

Cassav

a

Maize Yam Millet

Sorghu

m

Cowpea

sCocoyam

Onion

s

Carrots Coco

a

Potatoe

sRice

Foods Total

production (tons)

%

Cereals 21.4 Million 90

Fats and Oil 1, 375 million 100

Meat, poultry, eggs

356, 000 98%

(excluding

eggs)

Fish 1, 025 million 100

Pulses and Legumes

2, 579 million 92

Sugar 12, 283 85

Fruits and Vegetables

5, 914 million 80

Milk and Milk 933, 000 85

Estimated Total Production of Foods and Percentage

Processed or Semi-Processed.

Source: FAOSTAT, FAO of the UN.

Nigeria

Top Ten commodities

Production quantity

2012

Commodity Quantity [t]

1Cassava 54000000

2Yams 38000000

3Maize 9410000

4Sorghum 6900000

5Vegetables 6200000

6Millet 5000000

7Rice, paddy 4833000

8Fruits 3900000

9Taro (cocoyam) 3450000

1

0

Sweet potatoes 3400000

Source: FAOSTAT, FAO of the

UN.

Nigeria

Top Ten commodities

Import quantity

2011

Commodity Quantity [t]

1 Wheat 4039669

2 Sugar Raw 1089371

3 Palm oil 845000

4 Sugar Refined 357336

5 Paste of Tomatoes 122292

6 Malt 114681

7 Flour, Malt Extract 83271

8 Glucose and Dextrose 70391

1

0

Milk Whole Dried 69550

Nigeria

Top Ten commodities

Export quantity

2011

Commodity Quantity [t]

1Cocoa beans 262295

3Sesame seed 124700

4Cake of Palm Kernel 70500

5Rubber 58088

6Cocoa Butter 14864

7Cashew nuts, with shell 14077

8Cotton lint 13580

9Palm oil 12000

1

0

Cocoa powder & Cake 11770

Source: FAOSTAT, FAO of the

UN

THE CONCEPT OF FOOD SAFETY

Food Safety is defined as the assurance that the food will not cause harm

to the consumer when it is prepared and/or eaten according to its intended

use (FAO/WHO, 1997).

Food safety issues arise from factors such as ;

Improper Agricultural Practices

Poor Hygiene at all stages of the food chain

Lack of preventive controls in food processing operations

Misuse of Chemicals and Additives; additives used above permitted

levels

Inappropriate storage and handling.

Microbiological Contaminants

Biological toxins

Pesticide and Vertinary Residues e.t.c

Counterfeiting, adulteration, mis-brandment e.t.c

FOOD SAFETY ISSUES; THE NIGERIAN SCENARIO

In Nigeria, Bacterial food-borne diseases caused by species of salmonella, clostridium,

campylobacter and escherichia are of major health concerns contributing to the morbidity

and mortality rates.

The lack of or inadequate application of Good Agricultural Practices (GAP) and the abuse or

misuse of agrochemicals by farmers during storage in developing countries have had

serious health effects on its population.

Inappropriate application of pesticides to stored products such as beans and grains to

prevent insect infestation, leading to mycotoxins production such as aflatoxin, ochratoxins

and fumonosins which are the major mycotoxins issues in Nigeria.

Poor Food Hygiene practices in small-scale Food enterprises and lack of through

monitoring.

The recent lead poisoning in Zamfara state of Nigeria which caused the death of dozens of

infants and children shows the poor attention given to toxic metals in food and water

consumed in Northern Nigeria.

Similarly, improper use of food additives result in various ailments ranging from

gastrointestinal disorders to carcinogenesis and death.

FACTORS RESPONSIBLE FOR FOOD SAFETY ISSUES IN NIGERIA

CRITICAL FACTORS RESPONSIBLE FOR FOOD SAFETY ISSUES IN NIGERIA ARE

Poverty

Street foods

Mycotoxins

Food Safety Emergencies

Food safety issues in Nigeria, are further exacerbated by the following factors;

• Public ignorance on the subject- 'GERM NO DEY KILL AFRICAN MAN'

• Uncoordinated approach to food control

• Lack of technical expertise and adequately equipped laboratories in some cases.

• Poor enforcement of legislations and regulatory limits at grass roots.

• Recruitment of less skilled workers by the Food industries.

• Small and medium scale companies are not thoroughly monitored by regulatory bodies to ensure

strict adherence to safety guidelines while others are ghost companies.

• Public food providers do not understand HACCP and safety guidelines/requirements.

THE PROBLEM: FACTS AND FIGURES

The Center for Disease Control and Prevention (CDC) estimates, show an annual occurrence

of 47.8 million, 2 million and 750,000 food- borne illnesses in the United States, United

Kingdom and France respectively.

More than 100 million cases of diarrhea in children aged under five years in 2008 and the

resulting 5 million deaths estimated to have occurred worldwide.

In 2008, Nigeria recorded annual nationwide estimates held steady at 87 million cases of

food-related illnesses, with 371,000 hospitalizations and 5,700 deaths, according to the

centre for disease control and prevention (CDC).

In 2010, many people in bekwarra local government of cross river state, suffered from food

poisoning due to consumption of moi-moi and beans, as a result about 122 people were

hospitalized, while deaths of two children was recorded. The moi-moi and beans were said to

have contained a large dose of highly toxic pesticides.

It was also reported that over 120 students of government secondary school, doma, gombe

state, were rushed to after consuming a meal of beans suspected to have been preserved

with poisonous chemicals

In Nigeria, the food and drug administration destroyed Aflatoxin-contaminated food worth

more than US$200,000.

Lead Poisoning

of water due to

mining activites

in Zamfara

Food

Emergencies

caused by

Boko Haram

Insurgencies

Sealed

Counterfeit

Food products

from

unregisterd

and illegal

food

REGULATORY AND LEGISLATIVE FRAMEWORK

OUR FOOD LAWS

Public health laws (1917) now known as Public Health

Ordinance cap 165 of 1958.

The Standards Organization of Nigeria decree no. 56 of 1971.

The Food and Drug Act no 35 of 1974 (now Food and Drug Act

Cap F32 Laws of the Federal Republic of Nigeria, 2004)

The Animal Disease Control Decree No. 10 of 1988.

The Marketing of Breast Milk Substitute Decree No. 41 of 1990 (

now Marketing ( Breast Milk) Act Cap M5 LFN 2004.

The National Agency for Food and Drugs Administration and

Control Decree No. 15 of 1993 (now NAFDAC Act Cap N1 Laws

of the Federal Republic of Nigeria, 2004).

• The Food, Drug and Related Products (Registration etc.)

Decree No 19 of 1993 [now Food, Drugs & Related Product

(Registration etc.) Act Cap F33 Laws of the Federal Republic

of Nigeria (LFN), 2004].

• The Counterfeit and Fake Drugs and Unwholesome

Processed Food Act No 25 of 1999 (now Counterfeit & Fake

Drugs and Unwholesome Processed Foods (Miscellaneous

Provisions) Act Cap C34 LFN 2004.

• Bye-laws enacted by various L.G.As in the Country.

• Consumer Protection Council Decree 66 of 1992

• Inland Fisheries Decree 108 of 1992

ORGANIZATIONS WITH ROLES TO PLAY

NAFDAC• NAFDAC defines food as any "article manufactured, processed,

packaged, sold or advertised for use as food or drink for human

consumption, chewing gum and any other ingredient which may be

mixed with food for any purpose whatsoever.

NATIONAL AGENCY FOR FOOD ADMINISTRATION AND CONTROL (NAFDAC)

NAFDAC was established by decree 15 of 1993 as amended by decree 19 of 1999

and now The National Agency for Food and Drug Administration and Control Act Cap

N1 Laws of The Federation of Nigeria, 2004.

NAFDAC MANDATE

To regulate and control the manufacture, importation, exportation, distribution,

advertisement, sale and use of food, drugs, cosmetics, chemicals, detergents,

medical devices and packaged water (known as ‘regulated products’).

Under the provisions of The Government of Nigeria Act No 19 of 1993 (as amended)

and the Food and Related products (registration) Act No. 20 of 1999 and the

accompanying guidelines, no food item may be Imported, Manufactured, Advertised,

Sold or Distributed in Nigeria unless it has been registered by NAFDAC.

FOOD REGULATORY ACTIVITIES OF NAFDAC

Licensing & Registration of Food Premises and Products.

Importation & Exportation of Food

Labeling of Food

Advertisement of Food

Sampling Procedures

Closure of Unhygienic Food Premises

Health Control of Food Handlers

Irradiation of Food

Marketing of Breast Milk Substitutes

Ante-mortem and/or Post-mortem Examination of Food Animals.

Quarantine Measures

NAFDAC also plays other Important Roles in Food

Safety Including:

• WTO (SPS) Enquiry Point (E.P) in Nigeria

• INFOSAN Focal Point/INFOSAN Emergency Contact

Point in Nigeria.

• Member of the Nigerian Delegation to Codex Meetings.

• Chair of The General Purposes Technical Committee of

the National Codex Committee (NCC).

STRUCTURE OF NAFDAC

DEPARTMENTS

• DRUG EVALUATION & RESEARCH

• CHEMICAL EVALUATION &

RESEARCH

• FOOD SAFETY & APPLIED

NUTRITION

• PHARMACOVIGILANCE AND POST

MARKETING SURVEILLANCE

• VETERINARY MEDICINE & ALLIED

PRODUCTS

• ADMINISTRATION AND HUMAN

RESOURCE MANAGEMENT

• FINANCE & ACCOUNTS

• PLANNING, RESEARCH &

STATISTICS

• REGISTRATION & REGULATORY

AFFAIRS

• PORTS INSPECTION

• LABORATORY SERVICES

• INVESTIGATION & ENFORCEMENT.

• NARCOTICS & CONTROLLED

SUBSTANCES

Nafdac is chaired by the director general who is appointed by the president after

recommendations and approval from the senate. The various departments are

chaired by directors.

NAFDAC STRATEGIES

The Main Strategy Employed by the agency For The Enforcement of

Nigeria’s Food Laws Is the process of product registration.

In theory, any food item not registered with NAFDAC is not legally

importable. In practice, many processed foods are routinely illegally

smuggled into Nigeria through the land boarders, by sea and by air without

having gone through the registration process.

Cutting Edge Technologies e.g Truscan, Mini Labs e.t.c

In recent years, NAFDAC appears to have become more active and

stringent in enforcing existing food laws, which has increased the level of

awareness of consumers to make informed choices and has also

encouraged local producers.

As the saying goes in the Food Industry,

The Fear of NAFDAC was THE BEGINNING OF WISDOM

CURRENT REGULATIONS AND REQUIREMENTS

Name of Product

Registration Number

Contact of Manufacturer

Batch No

Net Content

List of Ingredients

Additives

Direction for use

Storage Conditions

Language

NAFDAC regulation stipulates that all

food products should carry best-before

dates and/or shelf life on their

packaging thus;

(JULY 1, 2005 OR INDICATE

MM/DD/YR)

LABELLING REQUIREMENTSNAFDAC regulations require food labeling to be informative, accurate and not

fraudulent or misleading. The following is the outline of NAFDAC’s minimum labeling

requirements:

NUTRITIONAL LABELING

A nutrient labelling is mandatory for any pre-packaged food item for

which a nutritional claim is made by the manufacturer.

Where nutrient declaration is applied, the declaration of the following

is mandatory a) Energy value b) The amounts of protein c)

Carbohydrate (excluding dietary fibre) and d) fat (e) the amount of

any other nutrient for which a nutrient claim is made.

When nutrient labelling is applied, the amount of vitamins and

minerals considered to be of negligible importance and may not be

listed.

Foods for special dietary uses with claims of disease prevention,

treatment, mitigation, cure or diagnosis must comply with NAFDAC's

guidelines for registration of drugs and be registered as medicinal

products or “nutraceuticals".

Packaging and Container Regulations

At present, NAFDAC regulations are not specific on packaging, but the

agency is in the process of developing regulations on packaging.

• NAFDAC does not impose any specific restrictions on packaging

materials. however, plastics must be of food grade and should not leach

into the product.

• Nigerian importers, however, often express a marked packaging

preference for certain food products, namely:

o Relatively small sized products prepared and packaged for one-time

use.

o Products that can be shipped in bulk and re-packaged locally.

o Perishable food products that undergo processing/packaging

treatment to achieve an extended shelf life without refrigeration.

Food Additives RegulationsNAFDAC has a specific food additive regulation on non-nutritive sweeteners and on

fortification.

NAFDAC requires that wheat and maize flour, vegetable oil and sugar be

fortified with Vitamin A, while salt must be iodized.

NAFDAC applies the food additive standards of the Codex Alimentarius

Commission, E.U and FDA in its assessment of food safety.

No person may manufacture, import, advertise, sell or present any food

item or beverage containing a non- nutritive sweetener for human

consumption unless the product is "specified for special dietary usage."

Non-nutritive sweeteners, including saccharin and cyclamates, may be

used in low calorie, dietary foods/beverages but are not permitted in any

food or beverage to be consumed by infants or children.

Potassium bromate as a bread improver is not permitted. other bread

improvers are used. Potassium Bromate was banned because of the

Food Irradiation Regulations ; General Requirements

Treatment of foods with ionizing radiation for human and

animal consumption are prohibited except special

authorization is given by the agency.

The irradiation of food is justified only when it fulfills a

technological need or where it serves food hygiene purposes

and is not used as a substitute for good manufacturing

practices (GMP).

Any person or facility that treats food with ionizing radiation

shall comply with the Codes of good irradiation practices

(GIP), Good Manufacturing Practices (GMP) and the

application of Hazard Analysis Critical Control Points (HACCP)

principles applicable to the particular food product treated.

Pesticides and Other contaminants Regulation

The pesticide residue limits and mycotoxin standards of the

Codex Alimentarius Commission, E.U and USFDA are applied

by NAFDAC in its assessment of food safety.

All food products must have a certificate of analysis, which

demonstrates to NAFDAC's satisfaction that the item is free of

radioactive contents in addition to other quality parameters.

There is a maximum residue limit for approval of pesticides.

Contaminated products are subject to seizure and destruction

by NAFDAC and possible prosecution.

Other Regulations and Requirements

IMPORTS

The following are documentation for registration and renewal of permit for imported food

products.

A NAFDAC application form duly completed by the local agent (importer) for the

registration of each regulated product.

Foreign manufacturers must be represented in Nigeria by a duly registered company or

individual with the capacity to implement a product recall when necessary.

NAFDAC considers the local representative to be fully responsible for all matters on the

product, such as registration, distribution re-calls, legal actions etc.

The Nigerian importer/distributor must file evidence of a power of attorney from the

manufacturer, which authorizes him to be the representative in Nigeria.

A certificate of manufacture and free sale issued by a competent health authority,

authenticated by the Nigerian embassy in the country of origin.

Product license or evidence of product registration in the country of origin is an added

advantage.

Advertisement Requirements

NAFDAC must approve all advertisement/promotional

materials prior to utilization.

Advertised food products must demonstrate to the

government of Nigeria that the products are legally registered

with NAFDAC.

An application for advertisement must be submitted to

NAFDAC for its approval

This approval process is in addition to the certificate of

registration issued by NAFDAC which authorizes importation

and sale in Nigeria.

COPYRIGHT AND/OR TRADEMARK LAWS

Nigeria is a member of the World Intellectual Property Organization (WIPO) and a

signatory to the Universal Copyright Convention (UCC) and other major international

agreements on Intellectual Property Rights (IPR).

Despite active participation in international conventions and an apparent interest in

IPR issues, the government efforts are largely ineffectual in curtailing widespread

copyright violations.

The trade marks registry of the Federal Ministry of Commerce is responsible for

issuing patents, trademarks, and copyrights.

The copyright decree of 1988, which is based on WIPO standards and U.S copyright

law, makes counterfeiting, exporting, importing, reproducing, exhibiting, performing, or

selling any work without the permission of the owner a criminal offense.

The expense and time required to pursue a infringement case through the Nigerian

judicial system often deters prosecution of such cases.

Product Registration Procedures

A. DOCUMENTATION

Certificate of Manufacture and free sale

Certificate of Analysis, trademark ownership, etc.

B. INSPECTIONS

GMP inspection

Routine inspection

Investigative inspection

Compliance inspection

C. LABORATORY INVESTIGATIONS

Physical examination

Chemical assays

Microbiological exam.

Mycotoxin detection

Pesticide residues

Radionuclides tests

D. PHYSICAL & ORGANOLEPTICS

TEST Weights and

Volume

Colour & Texture

Flavour & Taste

VETTING – Labelling

Advert MaterialsE. SURVEILLANCE

Routine Market Surveillance

Consumer Complaints

investigations

Compliance Surveillance

Adverts Surveillance

F. SANCTIONS

On Hold

Rejects

Recall

Seal Up

Prosecution

Inspection of Facility

Aspects ascertained under GMP include:

Location of outfit

Equipment and Personnel

Master and Batch formulae SOPs

Production Flow

Documentation

Handling of Complaints and Rejected/Returned goods

Internal Audit

GIANT STRIDES BY NAFDAC

1. Cutting Edge Technologies

NAFDAC is spearheading global efforts in the use of cutting-edge technologies to fight

counterfeiting such as Truscan (Raman spectroscopy), Mobile Authentication Service (

SMS text messaging) and Mini Lab Kits. These technologies are currently being

experimented on food products to determine efficiency.

2. NAFDAC Laboratories gets International Accreditation

NAFDAC’s Mycotoxin and Pesticides residues Laboratories is ISO 17025 certified. The

accreditation was conducted by the American Association of Laboratory Accreditation. This

has launched the two laboratories into the league of internationally recognized and

respected laboratories.

3. NAFDAC, in collaboration with the Global Alliance for Improved Nutrition (GAIN) and the

National Fortification Alliance (NFA) had reportedly established food fortification plants.

4. Increased Sensitization

TRUSCA

N

SMS

Mini Lab

KitsSensitization of Farmers

OTHER ORGANIZATIONS WITH A ROLE TO PLAY

PUBLIC SECTOR INCLUDES:

FEDERAL MINISTRY OF HEALTH

STANDARDS ORGANIZATION OF

NIGERIA (SON)

NATIONAL CODEX COMMITTEE

FEDERAL MINISTRY OF

AGRICULTURE

STATES AND LOCAL

GOVERNMENTS.

THE PRIVATE SECTOR INCLUDES;

INDUSTRY

NON-GOVERNMENTAL

ORGANIZATIONS (NGOS)

INTERNATIONAL DEVELOPMENT

PARTNERS

UNIVERSITIES AND RESEARCH

INSTITUTES

PROFESSIONAL

BODIES/ASSOCIATIONS

CONSUMER ASSOCIATIONS.

THE FEDERAL MINISTRY OF HEALTH

Federal Ministry of Health has the responsibility for formulating National

Policies, Guidelines And Regulations on Food Hygiene and Safety as well as

the monitoring their Implementation.

It is also responsible for establishing guidelines/requirements for the Nutritive

value of Food, And Monitoring of Food Environments and Handlers, Control

of Food Borne Diseases, the quality of public water supply as well as

national and international matters relating to Food.

STANDARDS ORGANIZATION OF NIGERIA (SON)

The Standards Organization of Nigeria is responsible for the

formulation of Standards on the Composition of Imported and

locally manufactured foods.

Over 100 Standards on food And food products as well as a good

number of code of Hygienic Practices for Food And Food

Products have been established. These standards and codes are

reviewed periodically to reflect current trends In technological and

industrial development.

Improving lives through standards

FEDERAL MINISTRY OF AGRICULTURE

• The Federal Ministry of

Agriculture is responsible

for promoting Good

Agricultural Practices and

new Agricultural

Technologies.

NIGERIA PLANT QUARANTINE SERVICE (NPQS)

The objective of NPQS is to prevent

the introduction of dangerous and

destructive foreign plant pests

(insects, fungi, bacteria, virus,

nematodes and weeds) of plants and

plant products into the country and

prevent the establishment and spread

where introduction occurs despite all

preventive measures.

CONSUMER PROTECTION COUNCIL

Consumer Protection Council is the

government agency responsible for

protecting consumers from

unwholesome practices and assisting

them seek redress for unscrupulous

practices and exploitation. The agency

encourages trade, industry and

professional associations to develop

and enforce quality standards

designed to safeguard the interest of

the consumer.

UNIVERSITIES AND RESEARCH INSTITUTES

Tertiary and research

institutes are responsible

for research and will

provide scientific basis for

policy development and

programme design in

addition to relevant training

programmes for capacity

building and manpower

development.

PRIVATE SECTOR

• The food processing/service industry applies the various

standards, regulations and guidelines to ensure that food

manufactured, imported, exported, distributed and sold for

human consumption comply with the relevant food safety

laws/regulations.

• They should maintain appropriate internal quality assurance

based on the Hazard Analysis Critical Control Point (HACCP)

principles to ensure product safety and consumer protection.

• The private sector is also expected to collaborate and

complement government efforts in specific areas of education

and awareness creation on the need to adopt and cultivate

safe food handling habits by all categories of employees.

THE CHALLENGES FACED BY NATIONAL FOOD SAFETY SYSTEMS Uncoordinated response to food-borne epidemics and threats to

food poisoning.

Overlapping functions of regulatory agencies.

Inadequate funding for the agricultural and research sectors of

the economy

Poor collaboration among the government, regulatory agencies,

academia, research institutes and the farmers, manufacturers and

the consumers

Poor gathering, verification and dissemination of research data

and information for its application at relevant points of the food

safety system.

Communication to consumers on the quality and safety features

of a food product to guide informed choice through proper labeling.

National legislations and standards to enhance regulatory

enforcements.

Overlapping of functions and lack of coordination between

the relevant bodies and stakeholders leading to duplication of

efforts and avoidable friction.

Threat to life and willful damages are some of the problems

face occasionally particularly during enforcement of the

enabling laws.

There is also financial constraints for Regulatory Agencies

RECOMMENDATIONS

The Nigerian government should establish a unified policy and legislation

on food safety and provide an adequate framework for the monitoring and

enforcement of food safety laws (issues, systems and regulations).

The relevant government agencies should be supported financially and

otherwise to promote the production of food products that meet the required

quality standards for international trade.

The employment of verifiable scientific and technical information and data

as it concerns diseases, cure, new techniques, method and analytical

procedures must be made available through information gathering and

dissemination to farmers, food industries, processor and consumer in order

to prevent and control food-borne diseases.

CONCLUSION Promoting safety of food is a global issue and all regulatory bodies must ensure that

established standards are maintained and safety of foods guaranteed.

National and International standards must be implemented to give consumers the

best food without the hazards of contamination.

Towards the achievement of the objectives of the policy, the collective activities of the

responsible agencies are performed through regulations, regular inspection and

surveillance activities, registration of premises and products, laboratory certification and

enforcement activities.

The national food safety system should be strengthened, updated and effectively

managed to impact more positively on the standard of living of consumers and the

economies.

National standards bodies which serve as the catalyst in the prevention, control of

food-borne diseases should be further equipped and encouraged for the articulation

and realization of industrial and economic development.

REFERENCES

• Codex Alimentarius Commission (2003). “Capacity Building for Food Quality and Food Safety

Activities of The Food and Agriculture Organization and the World Health Organization”

• FAO/WHO. 1997. Codex Alimentarius Food Hygiene Basic Texts. Joint FAO/Who Food Standards

Programme, Codex Alimentarius Commission. Pub. # M-83.

• Fao/WHO (2004) “International Cooperation on Food Contamination And Foodborne Disease

Surveillance,” Second FAO/WHO Global Forum Of Food Safety Regulators, Bangkok, Thailand,

October 12-14.

• Nigeria Food Poisoning: A Silent Killer http://allafrica.com/stories/201204180281.htmlr Retrieved on

16/04/14

• Omotayo, R.K. And Denloye, S.A. (2002) The Nigerian Experience on Food Safety Regulations.

FAO/WHO Global Forum on Food Safety Regulators, Marakesh, Morroco.

• Total Facts About Nigeria. Http://Www.Total-facts-about-nigeria.Com/Agriculture-in-

nigeria.Html#sthash.Q8ygzbcv.Dpuf

• Nigeria http://www.fao.org/countryprofiles/en/ Retrieved 16/04/14

• Wagacha, J.M., Muthomi, J.W., (2008). Mycotoxin Problem in Africa: Current Status, Implications to

Food Safety and Health And Possible Management Strategies. International Journal of Food

Microbiology 124, 1–12.