NAFDAC (Fertiliser Labelling) Regulations, Statutory Instrument no. 58 of 2024

2. Application P ART II - LABELLING I NFORMATION, D ECLARATION, DIRECTION, D ATE MARKING, S TORAGE, TRADEMARK, R EGISTRATION NUMBER, ETC.

3. Labelling infonnation

4. N ame and address of manufacturer and holder of Certificate of Registration

5. Declaration of ingredients

6. Direction on the use ofa fertilizer

7. Net content

8. Date marking instruction

9. Storage condition I 0. Trademark or brand name

11 . Registration number

12. Precautionary statement

13. Toxicological infonnation

14. Reference to profess ional body or association, etc.

15. Prohibition PART Ill --OFFENCES AND P ENALTIES

16. Offences and penalties

17. Forfeiture after conviction PART IV - M ISCELLANEOUS

18. Enforcement of these Regulations

19. Interpretation

20. Citation S. I. No. 58 of 2024 B 1089 NA FDA C (FE RTI LIZ ER LAB ELL ING ) REGULATIONS, 2024 [ I 6th Day of October, 202 4] Com menc e- In exer cise of the pow ers conf erre d ment on the Gov erni ng Cou ncil of the Nat Agency for Food and Drug Administratio iona l n and Control ("the Governing Council" by sect ion 30 of the Nati onal Age ncy ) for Foo d and Dru g Adm inist rati on Con trol Act, Cap . NI , LFN , 2004 and and sect ion 12 of the Food , Dru gs and Rela Prod ucts (Reg istra tion , Etc. ) Act, ted Cap . F33 . LFN , 2004 and all othe r enabling it in that behalf, the Governi pow ers ng Council, with the approval of the Min mak es the follo wing Reg ulat ions - ister, PART I - OBJ ECTIVE AND APPLICATION

1. The obje ctiv e of thes e Reg ulat ions is to prov ide regulatory fram ewo rk Obje ctive for the regulation of the labelling offe rtiliz er manufactt!red, imported, distributed, sold or used in Nig eria.

2. The se Regulations shall app ly to label ling offe rtili zer man ufac ture d, App licat ion imp orte d, exp orte d, adve rtise d, distr ibut ed, sold , or used in Nig eria . PAR T II - LAB ELLING I NFORMATION, D ECLA RATION, DIRE CTIO N, D ATE MAR KING, STORAGE, TRA DEM ARK , REGISTR ATION NUM B[R, ETC . 3.-{ I) Info rma tion requ ired to be indi cate d on a label shal l - Labelling (a) be prom inen t, legi ble and dist inct ; infor mati on (b) app ear in font size and styl e type that is adeq uate for clar ity and on suff icient cont rast ing back grou nd with out obsc urin g desi gn, vign ette or crow ding with in written, printed or grap hic mat ter; (c) be in English Lan guag e and may incl ude any othe r lang uage ; (d) not be false or misl eadi ng; (e) be info rma tive and accu rate ; and (f) appe ar on the panel of the labe l, displaye d und er cust oma ry condition of purc hase . (2) The ferti lizer label shal l not be occu pied with othe r info rma tion , state men t or grap hic not requ ired by thes e Reg ulat ions in a man ner as to mak e the label spac e insu ffici ent for the disp lay of nece ssar y informa tion state men t requ ired und er thes e Reg ulat or ions . 4.- {I) The label on a ferti lizer shal l be con spic uou s to indi cate the nam e of the fertilizer, man ufac turin g Nam e and loca tion , add ress of the man ufac ture addr ess of and the nam e of the hold er of Cert ifica r te of Reg istra tion . manu factu rer (2) Whe re a ferti lizer is man ufac ture and hold er of d und er a con trac t man ufac turi ng Cert ifica te of agre eme nt, the nam e and add ress of the man ufac turi ng loca tion shall be Regi strati on B 1090 indicated by a phrase that reveals the connection with the entity such as " Manufactured by... for ... "., "Manufactured for ... by... ", or any other information that expresses the facts. (3) The site location address of the manufacturer of a fertilizer shall be written on the label of any packaging components such as primary, secondary and tertiary. Declaration 5. The inner and outer label of a fertilizer shall indicate the - of ingredients (a) name of the fertilizer; (b) fertilizer analysis and grade; (c) class of the fertilizer; (d) type of formulation; (e) percentage composition of the active ingredients; (f) excipient; and (g) net weight. Direction on 6. The direction on the use offertilizers shall be indicated on the label to the use of a include - fertilizer (a) method ofapplication; (b) field application; (c) pre-harvest interval or re-entry period, where applicable; and (d) time and rate of application. Net content 7.-( 1) Fertilizer label shall indicate the content of the active ingredients contained in the fertilizer and in the case of- (a) liquid fertilizer, percentage by mass or mass per unit volume, or both, or as may be required by the Agency; and (b) dust, wettable powder or any other dry formulations, as a percentage by mass. (2) Where a fertilizer is not in the form specified in subregulations (I) of this regulation, the active ingredient shal I include the viscosity, specific gravity, particle size or such other properties or specifications as may be determined by the Agency. Date 8.-( I) Fertilizer label shall specify and legibly display the day, month marking and year of manufacture and date of expiration. instruction (2) The day and year shal I be declared in uncoded number with the year to be denoted by two or four digits and the month declared in word or number. (3) Date inscription shall be combined in accordance with subregulations ( 1) and (2) of this regulatio n and introduced with the words " Date of Manufacture" and "Date of Expiry". B 1091 (4) Where several items are included in the outer package, which during usage by the consum er may be discarded, the marking of date shal I also appear on the package that is likely to be retained by the consum er until consumption. (5) The batch number of a fertilizer shal I be indicated on the inner and outer label. (6) The batch number and date inscription shall not be pre-printed on the label.

9. The required storage condition of a fertilize r shall be specifie d on the Storage inner and outer label of the package. condition I 0.-( I) The tradema rk or brand name of a fertilizer shall be indicated Tradema rk on the label of the fertilizer in a manner as not to give wrong impression of the or brand nature and quality, or substan ce of the fertilizer. name (2) Where the tradema rk indicated on the label is in conflict with any Regulat ions or requirements prescribed by the Agency, the Regulat ions of the Agency shall prevail. (3) The tradema rk or brand name of a fertilize r shall not sound-a like or look-alike to a registered fertilizer.

11. The inner and outer label of a fertilize r shall clearly show the Registration registra tion number of the product, such as "NAFD AC REG. NO.", assigne d number to it as indicated on the Certific ate of Registration issued by the Agency.

12. Fertiliz er shall be clearly labelled with conspic uous precaut ionary Precautionary stateme nts written legibly and indelibly - statemen t (a) directin g the user to read the label before use, which shall be in the fol lowing form " READ THE LABEL BEFOR E USE"; (b) indica ting- (i) that "feeding animal with ferti lizer is prohibited, except the Urea in the formulation of the feed for ruminan t'·, (ii) that a person shall wear approp riate Persona l Protect ive Equipment (PPE) while handling fertilizer, (iii) that the product is kept out of the reach of children , (iv) warning or caution s, and hazard stateme nts, (v) the method for disposi ng the package or contain ers of used fertilizer, and (vi) first aid and note to physici ans.

13. The toxicological information on the label of a fertilizer shall include Toxicological information - information (a) identifying any significant hazard regardin g the storage, distribution, display, handlin g, and disposal of the ferti lizer; B 1092 (b) instruction on procedures to alleviate the hazard; (c) on decontamination procedures and disposal of the fertilizer and the empty package; and (d) essential to the treatment of a person poisoned or otherwise injured by the fertilizer and shall - (i) describe the symptoms of poisoning, (ii) state remedial measure, and (iii) state the ingredients that may affect the treatment. Reference to 14. The label of a fertilizer shall not refer or lay claim to an endorsement professional directly or indirectly, to a professional body or association, except as approved body or association. by the Agency. etc. Prohibition 15. A person shall not manufacture, import, export, distribute, advertise, display for sale, offer for sale, se ll, or use any fertilizer, except it is labeled in accordance with the provisions of these Regulations. P ART Ill - OFFENCES AND P ENALflES Offences and 16.-( I) A person who contravenes any of the provisions of these penalties Regulations commits an offence and is liable on conviction, in the case of- (a) an individual, to imprisonment for a term not exceeding one year or to a fine not exceeding N800.000 or both; and (b) a body corporate, to a fine not exceeding NS,000,000. (2) Where an offence under these Regulations is committed by a body corporate, firm or any other association of individuals, every- (a) director, manager, secretary o r other similar officer of the body corporate; (b) partner or officer of the firm; (c) trustee of the body concerned; (d) person concerned in the management of the affairs of the association; or (e) person who purports to act in a capacity referred to in paragraphs (a) to (d) of this regulation, is liable to be proceeded against and be pun ished for the offence and in the same manner as if the person committed the offence, unless the person proves that the act or omission constituting the offence took place without his knowledge, consent or connivance. Forfeiture 17.- ( 1) A person convicted of an offence under these Regulations after shall forfeit to the Federal Government - conviction (a) asset or property constituting proceeds derived from or obtained, directly or indirectly, as a result of the offence; and B 1093 (b) any of the person's property or instrument used in any manner to commit or to facilitate the commission of the offence. (2) In this section, "proceeds" means any property derived or obtained, directly or indirectly, through the commission of the offence. PART IV - MISCELLANEOUS

18. The Agency shall be responsible for the enforcemen t of these Enforcement Regulations. of these Regulations

19. In these Regulations - Interpretation "Address" means where the business of manufacture , sale, distribution, storage or display ofbio-fertili zer product is carried out which includes the house number, plot number, street name, Town or City, State, Country; "Agency" means the National Agency for Food and Drug Administration and Control (NAFDAC) ; "Batch number" means the number or a combination of numbers and letters specifically. given to a fertilizer product which is linked to the manufacturi ng history of the product: "Date of expiry" mean s any date after which a fertilizer is not recommend ed for use; "Fertilizer" means any substance which is intended or offered to be used for improving or maintaining the growth of plants or the productivity of the soil; "Field trial" means a scientific evaluation conducted by an approved research institution on a fertilizer in accordance with direction specified for the use of that fertilizer, to ascertain and establ ish the claims made on the label of the fertilizer; " Ingredient" means any substance used in the manufacture or preparation of a fertilizer and present in the final product although possibly in a modified fonn; " Inner labef' means primary label for the fertilizer; " Labef' means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to a package or container of fertilizer; "Labelling" means all labels and other written, printed, or graphic matter - (a) upon any article or any of its containers or wrappers, or (b) accompanyi ng such article; "Outer label" means secondary label for the fertilizer; " Package" means any suitable container in which a fertilizer is wholly or partly placed or packed; and B 1094 "Trademark" mea ns a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate a conn ectio n in the course of trade between the goods and som e person havi ng the righ t eith er as proprietor or as registered user to use the mark, whe ther with or with out any indication of the identity of that pers on or mark registered under secti on 43 of the Trademark Act Cap. T 13, LFN , 2004 . Citation 20. The se Regulations may be cited as Fert ilize r Lab ellin g Regulations, 2024. MAD E at Abu ja this 16th day of Octo ber. 2024 . M UHAMMAD Au P ATE, CON Coo rdinating Minister of Health and Social Welfare