National Agency for Food and Drug Administration and Control (Amendment) Decree 1999 (No. 19 of 1999)

NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (AMENDMENf) DECREE 1999 Decree No. 19 A 573 [23rd March 1999} Commencement. THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows: 1. The National Agency for Food and Drug Administration Amendment of and Control Decree 1993 (in this Decree referred to as "the 1993 No. 15. principal Decree") is amended as set out in this Decree. 2. Section S of the principal Decree is amended by - Amendment of (a) deleting the word "and" at the end of paragraph (r) thereof; (b) inserting.immediately after paragraph (r), as amended, the following new paragraph (s) "(s) determine the suitability or otherwise of medicines, drugs, food products, cosmetics, medical devices or chemicals for human and animal use;•; and (c) re-numbering the existing paragraph (s) as paragraph (t). J. Section 25 of the principal Decree is amended by (a) re-numbering the existing section· as section "25.-(1)"; and section 5. AniED<bnent of section 25. A 57-1 1999 No. 19Nolional Agency}<w Fuod a11il /)rng, Ad111i111.111·11t10111111,/ Cr' Insertion of new section 15/\ (b) inserting immediately after subscc'. ,, (1). :s re numbered, lhe following new subsection,: "(2) A11y pirson who contravenes :c ;.;ro·;·:;iuns of t ;is L-:u"cc ~rs·-any regulations made uncle guilty of an offence and lial c to the penalties specified in b (3) Where no penalty has been spec . " shall tic liable to a Enc imprisonment for a tcn;1 of y such fine anLI imprisom11c,1t :a co.iv;ction rc~l l~'.tions. ', t!J.. person ;su.-.~,~J or r c,t t,· both (4) Where an offence under this D, er.~ wl:ich has been committed by a bod · :orpcrc:c is proved to have been comt it · .l .,., it\. the consent or connivance ·Jt ~u be attributable to any neglect , .. ~ p,.,: of , any director, manager, sec. ct: ,j' o,. ,llher similar officer of the body c , l . ate ot any person purporting to .ac: it :: u, :hose capacities, he, as 1vdl t!:c ,,ody corporate, shall be ,.kerned , .,.: gtciily of the offence and shaJJ be liabl o , con,- 1ction to a fine of t-l 100,000.". 4. There shall be inserced- irnmcdialcly anc o .·tioL :; :; of the principal Decree the following new section "Conduct of 25A.-(I) Subject to ti. r ,vi:;;'"" of proceedings. section 160 of Ilic Const .:t a tJ.c Cap. 62 LFN. Federal Republic of Ni:;c \ ~ i.. ~s ame;;dcd, (which rcl.,tcs lo tL .';~r .. die ;\!lorncy-Gencral of tlte :c ,·;,,; L tu institute, continue or <liscon .rr .. :.. cra1;i1rnl proceedings against any pcrso. i.. 3 ccurt of law), any officer of the Age' .:y :n;iy, ·;;ith the consent of the Attorney-• ~: :·~al :;f the Federation, conduct crltnina! ,-,, -::'.t.!i.:t·--: in respect of offcncec. under 1: ·; regulations made un,lcr this l ·-c: }..:c1 ..:-..:. or National Agency for Food and Dr11gs Administration and Comm/ (Amendment) 1999 No. 19 A 575 (2) In a judicial proceeding for an offence under this Decree or any regulations made under it, the provisions of the Criminal Procedure Act or depending on the venue, the Criminal Procedure Code shall, with such modifications as the circumstance may require, apply in respect of such matter to the same extent as they apply to the trial of offences generally.•. 5.-(1) Section 30 of the principal Decree is amended by - Amendment of (a) inserting in the proper alphabetical sequence the following new definitions ""cosmetic" includes any substance or mixture of substance intended to be rubbed, poured, sprinkled or sprayed, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the complexion, skin, hair or teeth and includes deodorants and detergent powder; "detergent powder" means a cleansing agent in powder or ~ranulated form used primarily for laundry purposes which (a) co ntains suitable ionic and con-ionic surface - active agent; and (b) is ;,roduced from either sulphornation o( suitable hydrocarbon or the sulphornation of various hydroxy compounds;"; (b) substituting for the definition of "regulated products", the following new definition ""regulated products" means food, cosmetics, medical devices, detergents, water and chemicals.". drugs, bottled section 30.