Standards Organisation of Nigeria Act, 2015

2. Power of the Minister to give directives to the Organisation. P ART 11-THE STANDARDS COUNCIL OF NIGERIA .., .),The Standards Council of Nigeria .

4. Functions of the Council, etc. PART III-FUNCTIONS AND D UTIES OF TIIE ORGANISATION ~

5. Functions of the Organisation.

6. Standard Library.

7. Power to charge for services. P ART IV-STAFF OF TIIE ORGANISATION

8. Appointment, etc. of Director-General.

9. Director-General to be administrative head of the Organisation.

10. Special responsibil ities of the Director-General.

11. Number of Directors and their duties.

12. Staff regulations.

13. Pensions.

14. Exemption from liability in the course of employment. P ART V - f lNANC!AL PROVISIONS

15. Fund of the organ isation.

16. Expenditure of the organisation.

17. Annua l Estimates.

18. Accounts and audits.

19. Annual report.

20. Power to borrow.

21. Power to accept gifts.

22. Budget and expenditure. A 564 2015 No. 14 Standards Organisation of Nigeria Act, 20 IS P ART VI- NIGERI AN INDUSTR IAL S TANDARDS

23. Procedure for establishment of Industrial Standards.

24. Standards to be known as Nigerian Industrial Standards.

25. Ce11ificate marks.

26. Offences in relation to standards.

27. Power of the Minister to declare established standards as binding.

28. Designation of ports for special entry.

29. Powers of Director-General in relation to hazardous products. P ART Vlf- OFFE NCES

30. Power to enter premises. 3 l. Evasion of fees, levies, etc.

32. Offences.

33. Offences by bodies corporate. PART VIII- L EGAL PROCEEDINGS

34. Commencement of legal proceedings.

35. Jurisdiction and prosecution ofoffences.

36. Application of fines.

37. Application to the Federal High Court for direction.

38. Indemnity of members and employees of the organisation.

39. Limitation of suits against the organisation.

40. Service of processes, documents, etc.

41. Onus of proof in certain cases.

42. Restriction on execution against the property of the organisation.

43. Certain acts not interpreted as assurances or guarantees. PART IX- MISCELLANEOUS PROV ISIONS

44. Repo11s.

45. Power to make test purchases.

46. Recall of products.

47. Destruction of violative goods.

48. Statement in document.

49. Power to make rules.

50. Repeal and savings.

51. Interpretation.

52. Citation. A 565 STANDARDS ORGANISATION OF NIGERIA ACT, 2015 ACT No. 14 AN ACT TO REPEAL THE STANDARDS ORGANISATION OFNIGERIA ACT, CAP S9 LAWS OF THE f EDERATION OF NIGERIA, 2004 AND ENACT THE STANDARDS ORGANISATION OF NIGERIA ACT, 20 I 5 FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNCTIONS FOR THE ORGANISATION, INCREASING PENALTY FOR VIOLATIONS; AND FOR RELATED MATTERS [26th Day of May, 20 I SJ Commence- menl. ENACTED by the National Assembly of the Federal Republic of Nigeria- PART I- STANDARDS ORGANISATION OF NIGERIA

1.-(1) There is the Standards Organisation of Nigeria (in this Act Establishment referred to as "the Organisation"). ofthe Standards (2) The Organisation- Organisation ofN igeria. (a) shall be a body corporate with perpetual succession and a common seal; (b) may sue and be sued in its corporate name; and (c) may acquire, hold or dispose of any property, whether movable or immovable.

2.-(1) Subject to the provisions of this Act, the Minister may give general Power of the or special directives to the Organisation and the Organisation shall comply Minister to gi\·e with and give effect to such directives. directives to (2) The Organisation shall give to the Minister such information and the Organisation. returns relating to its activities as the Minister may, from time to time, require. PART II-THE STANDARDS COUNCIL OF NIGERIA

3.-( I) There is established forthe Organisation the Standards Council The of Nigeria (in this Act referred to as "the Council") which shall consist of- Standards Council of (a) a Chairman ; Nigeria. (b) one representative, each from the Federal Ministry of- (i) Agriculture and Rural Development, (ii) Defence, (iii) Trade and Investment, (iv) Finance, (v) Works, (vi) Health, (vii) Science and Technology, A 566 2015 No. 14 Standards Organisation of Nigeria Act, 2015 (c) one representative from each of the following fields of activity, recommended by the Minister after consultation with the appropriate body, ifany- (i) university education and research, (ii) chambers of commerce, industry a11d mines, (;;i) engineering and engineering consultancy services, (iv) processing and manufacturing, (1•) construction industry, (vi) employers' association. and (,•ii) consumers' association; (cf) one person not employed in the public service who shal l be a person ofunquestionable integrity and appearing to the Minister to represent interest or fie Ids of activity not otherwise represented ; and (e) the Director-General. (2) When recommending a person for appointment to represent a Minist,y, the Minister shall recommend a person, from the Ministry or any statutory corporation for which that Ministry has overall control or responsibility, to represent such Ministry. (3) The President, on the recommendation of the Minister, shall appoint the Chairman and all the members of the Council. (4) Each member of the Council sh al I serve for a term of 4 years and may be eligible for reappointment for a further term of 4 years and no more. (5) Notwithstanding the provisions of subsection (I), a member of the Council ceases to hold office if he- (a) becomes of unsound mind; (b) becomes bankrupt or makes a compromise with creditors; (c) is convicted offelony or any offence involving dishonesty; (cf) is guilty of serious misconduct in relation to his duties; or (e) is a person who has professional qualification and is disqualified or suspended (other than at his own request) from practising his profession in any part of Nigeria by the order of any competent authority made in respect of him personally. (6) A member of the Council may resign his appointment by writing, under his hand, a letter addressed to the Minister, and his membership shall termi nate on the date of receipt of his letter of resignation. (7) Notwithstanding any provision to the contrary, the President may, at any time,remove any member of the Council from office if he is ofthe opinion Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 567 that it is not in the national interest or in the interest of the Organisation for such a member to continue in office and shall cause such member to be notified to that effect. (8) A member appointed to any vacant position resulting from the application of the provision of subsection (3), (4) or (5) shall represent the same interest which the predecessor represented, and shall only complete the term which, if the predecessor had continued in office, he would have completed. (9) The provision of the Schedule to this Act shall have effect with Schedule. respect to the meetings and proceedings of the Council and other matters therein mentioned.

4.-(1) The functions of the Council shall to- Functions of the Council. (a) advise the Federal Government generally on the national policy on etc. standards, standards specification, quality control and metro logy; (b) designate, establish and approve standards in respect of metro logy, materials, commodities, structures and processes for the certification of products in commerce and industry throughout Nigeria; (c) provide the necessary measures for qua Iity control of raw materials and products in conformity with the standard specification; (d) authorise the recognition and registration of qua Iity certification bodies, inspection bodies, testing laboratories calibration laboratories and qualified personnel related to these activity area operating legally; and (e) carry out other functions imposed on it under this Act or any other enactment. (2) Subject to this Act, the Minister may give the Council directives of a general character or relating generally to particular matters (but not to any individual or case) with regard to the exercise by the Council of its functions, and the Council shall comply with the directives. PART III- FUNCTIONS AND DUTIES OF THE ORGANISATION

5.- ( I) Subject to the provisions of section 4 of this Act, and any other Functions of law in that regard, the Organisation shall- the Organisation. (a) organise tests and do everything necessary to ensure compliance with standards designated and approved by the Council ; (b) unde1take investigation as necessary into the quality of facilities, systems, services, materials and product, whether imported or manufactured in Nigeria; A 568 2015 No. 14 Standards Organisation of Nigeria Act, 2015 (c) evaluate quality assurance activities, including certification of systems, products and laboratories throughout Nigeria; (d) ensure reference standards for calibration and verification of measures and measuring instruments and shall, with respect to metro logy- Cap. W3. (i) rea lize and disseminate the units of physical measurements based LFN. 2004. on the International System (SI Units) under the Weights and Measures Act, (ii) establish, keep, maintain, develop and update the Nigerian National Primary and Reference (Secondary and Tertiary) Standards of Measurements for the ST Units traceable to international standards, (iii) ensure that working standards used in Nigeria are traceable to the National Standards kept by the Organisat ion, (iv) establish, develop and maintain a National Physical Laboratory for measurement expertise and infrastructure necessary to enable business, technology and academia to take advantage of the advances in the field of measurement, and (v) provide measurement and cali bration services to industry and government; (e) compile an inventory of products in Nigeria requiring standardization ; (f) compile Nigerian Industrial Standard Specifications; (g) develop methods for testing materials, supplies and equipment, including items purchased, whether locally manufactured or imported, for use of department of Government of the Federation or a State and private estab lishment; (h) establish an Import and Expo11 Product Surveillance, Certification and Conformity Assessment Scheme ; (i) establish a mandatory conformity assessment programme for locally manufactured products in Nigeria; (i) impose fees, fines or penalties on a person who contravenes any Import or Export Surveillance, Ce11ification or Conformity Assessment Scheme; (k) register and regulate standards, marks and certification ; (/) undertake registration of all manufactured products distributed, marketed and consumed throughout Nigeria; (m) undertake preparation and distribution of standard samples; (n) establish and maintain such number of laboratories or other institutions as may be necessary for the performance of its functions under this Act; Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 569 (o) compile and publish general scientific or other data; (p) advise department of the Govermnent of the Federation, State and Local on specific problems relative to standard specification ; (q) carry out training and undertake the accreditation of training institutions and organizations for purposes of international standards such as ITU, IEC, ISO, OIML, or Codex, standards or systems certification throughout Nigeria ; (r) coordinate ali activities relative its functions throughout Nigeria and to cooperate with correspondlng national or international organizations in such fields of activity as it considers necessary with a view to securing uniformity of standards specification; (s) establish a Register for National Standards, Standard Marks, Certification Systems and Licences into which all matters relating to standards referred to under this Act shall be entered ; (t) undertake appropriate investigations into the production premises and raw materials and establish relevant quality assurance systems, including certification of the production sites for regulated products; (u) undertake any other activity likely to assist in the performance of the functions imposed on it under this Act; and (v) administer and enforce the provisions of this Act. (2) For purposes of uniformity of standards in Nigeria, all Regulatory Agencies or Organisations dealing with matters pertaining to or related to standards shall do so in collaboration with the Standards Organisation ofNigeria. (3) The Organisation shall undertake such research as may be necessary for the performance of its functions under this Act and, for that purpose, it shall have power to make use ofresearch facilities available in other institutions, whether public or private upon such terms and conditions as may be agreed upon between the Organisation and the institution concerned.

6. The Organisation shall assemble, maintain and extend a collection of Standard books and publications and such other matters as it considers appropriate for Library. a standard library of the highest standing and may make the facili ties of the library available to such categories of persons as it thinks fit and upon such terms and conditions as it considers necessary.

7. For all comparisons, tests or investigations performed by the Power to Organisation under this Act, except those performed for the Government of charge for the Federation or a State, or such other public bodies or institutions as may be ser\'ices. approved by the Council, a fee sufficient in each case to compensate the Organisation for the entire cost of the service rendered shall be charged by the Organisation. A 570 2015 No. 14 Standards Organisation of Nigeria Act, 2015 P ART IV-STAFF OF THE ORGANISATION Appointment. 8.-(1) The President, upon the recommendation of the Minister, shall etc. of appoint the Director-General who shall be the Chief Executive and the Director- Accounting Officer of the Organisation. General. (2) Any person who may be appointed, as Director-General shall have such qualifications and experience as appropriate for a person required to perform the functions conferred on the Director-General by or under this Act. (3) The Director-General shall- (a) hold office for a period of 4 years, upon such terms and conditions as may be specified in his letter of appointment; and (b) may be eligible for re-appointment for another period of 4 years and no more. Director- 9. The Director-General shall be the Chief Executive of the Organisation General to and, subject to the Council's directives on financial, operational and be administrative administrative programmes, he shall be free to manage the Organisation in head of accordance with this Act, and the Council shall not interfere with his methods Organisation. or with the manner in which he employs the material and human resources of the Organisation in order to obtain results in accordance with this Act. Special 10. Without prejudice to the generality of section 9 of this Act, the re5ponsibilities Director-General shall have responsibility for- of the Director- (a) advising the Council in the formulation, implementation and review General. of national policies and programmes pertaining to standardization, quality control of products, science of measurement and all matters relating to metrology; (b) co-ordinating the activities of the Directors appointed under this Act; (c) initiating the investigations to be conducted by the Organisation pursuant to the powers conferred by section 5 (l)(b) of this Act; (d) representing the Organisation at national and international levels in all matters relating to standardisation, quality control and metrology; and (e) enforcing standards and discharging the powers and duties of the Organisation. Number of 11. The number of Directors to be appointed under this Act shall be Directors determined by the Counci I but such Directors shall be responsible to the and their Director-General and shall carry out such duties as may be determined by the duties. Director-Genera I. Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 571

12.-( I) The Counci I shall determine or prescribe staff regulations Staff relating generally to the conditions of service of management and other staff regulations. of the Organisation, and, without prejudice to the generality of the foregoing regulations, may provide for- (a) the appointment, promotion and disciplinary control of al I staff of the Organisation; and (b) appeals by such member of staffagainst dismissal or other disciplinary measures. (2) Regulations made under sub-section (I) of this section may not be published in the Gazelle but the Organisation shall bring such to the notice of all affected persons in such manner as it may, from time to time, determine.

13.-( l) Service in the Organisation sh al I be approved for the purpose Pensions. of the Pension Reform Act, and al I persons employed in the Organisation sh al I Act No. 4. be entitled to pensions, gratuities and other retirement benefits as are prescribed 2014. thereunder, and nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefit in respect of that office. (2) For the purposes of the application of the provisions of the Pension Act No. 4. Reform Act, and power exercisable by a Minister or other authority of the 2014 Government of the Federation, other than the power to make regulations under section 23 of that Act is vested in and shall be exercisable by the Council.

14. No staff of the Organisation shall be personally liable for any act or Exemption omission done or made by him in accordance with the terms of his engagement. from liability in the course PART V-F!NANCIAL PROVISIONS of employment.

15.-(1) The Organisation shall maintain a fund from which shall be defrayed all expenditure incurred by the Organization for the purposes of this Fund of the Act. Organisation. (2) There shall be paid or credited to the Fund of the Organisation- (a) fees and penalties charged for services by the Organisation ; (b) all sums accruing to the Organisation by way of gifts, endowment or other voluntary contribution by persons or organisations; (c) foreign aid and assistance from bilateral agencies; and (d) subventions and extra budgetary allocations from the Federal Government. A 572 2015 No. 14 Standards Organisation of Nigeria Act, 2015 Expendintre 16. Subject to appropriation by the National Assembly, the Organisation of the shall, from time to time, apply the funds at its disposal to-- organisation. (a) the cost of establishing and maintaining the Head Office of the Organisation at the Federal Capital Territory, Abuja and its other offices located in other places in Nigeria; (b) pay allowances and other benefits of members of the Council and of its Committees ; (c) pay the emolument and entitlement of the Director-General ::ind other members of staff of the Organisation ; (d) pay the perso nnel , overhead , allowance, benefits and other administrative costs of the Organisation ; (e) the training of members of staff of the Organisation ; (/) provide scholarships and awards for specialized training of personnel ; (g) publicize and promote the activities of the Organisation; (h) suppott national, international, scientific and professional organisations and pay annual and other contributions to such bodies; and (i) undertake any other activity in connection with all or any of the functions of the Organisation. Annual 17. The Council shall submit to the Minister, not later than 31st October estimates. each year, its programme ofwork and estimates of its income and expenditure for the following year. Accounts 18.-( 1) The Counci l shall keep proper accounts of the Organisation and audits. and proper records in relation to those accounts. (2) The accounts of the Organisation shall be audited , not later than six months after the end of the year to which it relates, by auditors appointed by the Organisation from the list approved by the Auditor-General of the Federation and in accordance with existing financial regulations. Annual 19 . The Organisation sha ll prepare and submit to the Minister, not later report. than 30th June, in each year a report on the activities of the Organisation during the immediately preceding year, and shall include in such report a copy of the audited accounts of the Organisation for that year and the auditor's repo1t therein. Power to 20.-{ I) The Organisation may, from time to time, borrow, by overdraft borrow. or otherwise, such sums as it may require for the performance of its functions under this Act. (2) The Organisation shall not, without the approval ofthe Minister, borrow money which exceeds, at any time, the limit set by the Minister. Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 573 (3) Notwithstanding subsection (1) of this section, where the sum to be borrowed is in foreign currency, the Organisation shall not borrow the sum without the prior approval of the Minister.

21.-(1) The Organisation may accept gifts of land, money or other Po\\·er to property upon such terms and conditions, if any, as may be specified by the accept gifts. person or <;>rganisation making the gift. (2) The Organisation shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Organisation.

22. The Organisation shall cause to be prepared, not later than 30th Budget and September in each year, an estimate of the expenditure and income of the Expenditure. Organisation during the next succeeding year and when prepared, it shall be ratified by the Council and submitted, through the Minister, to the National Assembly for approval. PART VI-NIGERIAN INDUSTRIAL STANDARDS

23.-( I) Whenever the Counci I intends to establish industrial standards Procedure under section 4 (I) (b) of this Act, it shall do so in accordance with the provision for of this section. establishment of Industrial (2) Before establishing any industrial standard under this section, the Standards. Council shall- ( a) inform all parties having, in its opinion, substantial interests in the industrial standard in question ; and (b) thereafter constitute a committee to inquire into all the relevant aspect of the matter and make a report and, in constituting the said committee, the Council shall ensure as wide a representation on the committee as possible including, where appropriate, representative of the parties herein referred to. (3) After considering the report of the committee, the Council may establish the industrial standard if, in its opinion, that standard is ofsignificance to the national economy and otherwise conforms to the objectives of this Act. (4) The Council shall, in order to ensure that any industrial standard established under th is section is sti 11 appropriate, have it reviewed from time to time and at least not less than once in every 5 years. (5) The Council shall have power to revise or revoke any industrial standard established under this section, and for that purpose, subsections (2) and (3) of this section shall apply in relation to the revision or revocation of an industrial standard as they apply in relation to the establishment thereof. A 574 2015 No. 14 Standards Organisation of Nigeria Act, 2015 Standards to 24.-( I) The industrial standards established under section 23 of this be kno,,·n as Act shall be called the "Nigerian Industrial Standards". Nigerian Industrial (2) Industrial standards other than those established under section 23 of Standards. this Act, shall not be called "Nigerian Industrial Standards. Certificate 25.-( 1) Where the Council, after the receipt of the report of a committee marks. set up in accordance section 23(2) of this Act, is satisfied that an item of manufacture is of particular impo1tance or significance to the national economy, it may permit the manufacturer (hereinafter referred to as the "permitted manufacturer") to affix a special certification mark showing that the item of manufacture is one of those falling under the Nigerian Industrial Standards. (2) The Council may charge such fee as it thinks appropriate for every permit issued under this section. (3) The Council may revise, reallocate or revoke any permit issued under subsection (I) of this section in accordance with the procedure laid down in that subsection and the issue revision, reallocation or revocation of every such permit shall be notified in the Federal Gazelte. ( 4) For the purpose of this section, the references to item of manufacture includes references to the packages, containers and invoices relative thereto. .! (5) The standardisation mark and registration of products specified under Section 5 (!) (k) shall not be identical with any trade mark registered under Cap. Tl3. the Trade Marks Act or so nearly resemble it as likely to be mistaken for it LFN. 2004. and no mark identical with those standardisation marks or so nearly resembling them as likely to be mistaken for them shall be registered as a trade mark under the Trade Mark Act. (6) The fact that any product complies or is alleged to comply with Nigerian Industrial Standard approved specification or has been or is alleged to have been manufactured in accordance with any such specification or that a standardisation mark is used in connection with any product shall not give rise against the Organisation or its employees thereof. (7) Where there is a conflict between the provisions of a specification declared to be a Nigerian Ind ustrial Standards under this Act and a specification made or dee lared under any other written law, the Nigerian Industrial Standards sha ll prevai l. Offences in 26.-( I) Any person, other than the permitted manufacturer, who makes relation to or se lls or exposes for sale or uses, for the purpose of advertising, any material standards. or document on or in wh ich is portrayed- A 576 2015 No. 14 Standards Organ;sation of Niger;a Act, 2015 Power of the 27.---{l) The Minister may, from time to time, on the recommendation Minister to of the Council by- declare established (a) order published in the Federal Gazette, or standards as (b) publication in any two national dailies having nation-wide binding. circulation, or (c) notice served on any affected manufacturer, declare that an industrial standard established under section 12 of this Act shall be binding. (2) Any industrial standard declared and published in the Federal Gazette by virtue of subsection (I) of this section shall be known as "Mandatory Industrial Standard". (3) Every manufacturer of any item manufacture in respect of which a mandatory industrial standard has been declared shall ensure that the item complies with (or was manufactured in accordance with) such standard which is for the time being in force. (4) In any criminal proceeding commenced against any person under this section, the production of a certificate signed by the Director-General or any other person duly authorised by the Director-General stating that an item of manufacture does not comply with the applicable mandatory industrial : standard and describing the nature of the failure to comply with the mandatory industrial standa rd, shall be sufficient evidence of such failure to comply. (5) For the purposes of the trial of any person charged with an offence under this section, any item of manufacture bearing the name or mark of that person shall, unless the contrary is proved, be presumed to have been manufactured by that person and the item shall be presumed to have been produced by him in the form in which it was found offered for sale. (6) Where any person is convicted of an offence under this section, the cou1t may make such order as to the forfeiture or destruction of the item of manufacture in question as it may think appropriate in the circumstances. Designation 28.---{ I) The Minister, in consultation with the Minister of Finance, may, of pons for from time, to time, for the purpose of standardization, on the recommendation special of the Director-General, by order published in the Federal Gazette, designate entry. any port for the importation into Nigeria of the products specified in the order and in such case, the products named in the order shal l be impo1ted into Nigeria through only the designated port. (2) A person who contravenes subsection (I) of this section commits an offence under this Act and is liable on conviction to a fine of not less than N2,000,000.00 or to imprisonment for a term not exceeding 5 years or to both. Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 575 (a) an industrial standard in any way resembling or purpo1ting to be any of the Nigerian Industrial Standards established under this Act, or (b) certification mark resembling or purporting to be a certification mark issued under section 25 of this Act, commits an offence and is liable on conviction to a fine not less than N1,000,000.00 or to imprisonment for a term not exceeding 2 years or both. (2) If an item of manufacture does not comply with any mandatory industrial standard and that item is sold or delivered to any person in Nigeria for consumption or sale to the pub! ic- (a) the manufacturer of the item; and (b) any person who impo1ts or is concerned with the importation of the item that does not comply with such mandatory standard, commits an offence under this Act and is liable on conviction- (i) in the case of the manufacturer, to a fine of not less that 20% of the value of the product or N2,000,000.00 (whichever is higher) or to imprisonment for a term not less than 3 years or to both such fine and imprisonment, (ii) in the case of a seller to a fine of not less than 15% of the value of the product or NI ,000,000.00 (whichever is higher) or imprisonment for a term not less than 2 years or to both, and (iii) in the case of an impo1ter, to a fine not less than 20% CIF per shipment or N2,000,000.00 (whichever is higher) or imprisonment for a term not less than 2 years or to both. (3) Where any person is convicted of an offence under this Act, the court may- (a) in addition to any penalty imposed in respect of that offence and subject to section 30 of this Act, order that a commodity, cons ignment or batch of a commodity or product, any other article or material or substance in respect of which that offence was committed, be forfeited to the State ; and (b) summarily inquire into and assess the monetary value ofany advantage gained or like ly to be gained by such person in consequence of that offence and impose on that person a fine to a maximum equal to the amount so assessed and, in a default of payment of such amount, fu1ther imprisonment for an additional period not exceeding l year. Standards Organisatfon of Nigeria Act, 2015 2015 No. 14 A577 (3) Where a person is convicted of an offence under this section, the cou1t may make an order offorfeiture or destruction ofthe products in question.

29.- (1) The Director-General may, upon being satisfied that the quality, Po\\'ers of purity or potency of any product is detrimental or hazardous to life, property Director- General in and the national economy- relation to (a) seize and detain such products for such a time as may be reasonable, hazardous but not exceeding 90 days without a court order, for the satisfaction of, and products. compliance with this Act; (b) prohibit any person from selling or offering for sale the suspicious product; (c) apply to court for an order of forfeiture of such product ; (cl) seal up the premises where such product is manufactured or stored ; or (e) direct the person to rectify the deficiency in the case of a substandard, misdescribed or hazardous product subject to such conditions as may be imposed. (2) The court may order that any product seized which is hazardous or injurious to life shall be destroyed or disposed of in such manner as it thinks fi t. (3) The Organisation may order the destruction of goods detained under subsection (I) of this section if the following conditions are satisfied- (a) testing indicates that the goods did not meet the releva nt Nigerian Industrial Standard; and (b) it is reasonably necessary to destroy the goods because the goods are in a dangerous state or injurious to the health of human beings, animals or plants: (c) in an order under subsection (2) of this section, the Organ isation may require the owner of the goods to pay the costs of the destruction of the goods including the costs of transporting and storing the goods, before destruction ; (cl) at least 14 days notice of the order shall be given under subsection (2) of this section either by giving the owner of the goods a written notice or by publishing a written notice in the Gazette. PART VII-OFFENCES 30.--( I) For the purposes of carrying out the functions of the Organisation Pol\'er to under this Act, the Director-General, other officer or employee of the enter Organisation or any other person authorized by him in writing- premises. (a) may stop and search any vehicle which he reasonably believes may contain any article or product or material or goods that is in contravention of this Act; A 578 2015 No. 14 Standards Organisation of Nigeria Act, 20 I 5 (b) shall have a right of access at reasonable times to any premises including all Nigerian sea ports. airpo11s and land borders where an industrial or commercial undertaking is being carried on, and may use reasonable force, if need be, to gain entry : (c) may, seize and detain for such length chime, not exceed mg 90 days without leave of court, any article, or product or material or goods which he reasonably believes is in contravention of this Act: and (d) may, by notice in ,,.riting served on any person carrying on an industrial or commercial undertaking, require that person to furnish, in such form as he may direct, information on such matters as may be specified by him. (2) An article, item, product or material seized under this section shall be kept or stored in such a place (including the place of seizure) as the Director- General may direct. (3) A person required to furnish returns under subsection (I) (d) of this section shall, within any period specified in such notice, comply with directives contained therein. (4) For the purposes of carrying out duties under this Act. every onicer of the Organisation shal I have the powers. rights, privileges and protection equivalent to thflt of a police officer. : E,asion of 31.-(1) A person \\ho, by any means, evades or attempts lo ~rnde. fees. le, ies. or neglects or omits to pay any levy. charge or fee payable under this Act etc. commits an offence and is liable on conviction to a fine of not kss than N l ,000,000.00 or to imprisonment for a term of not less than 9 months or to both, and is, in addition. liable to pay to the Organisation a penally double the amount of the levies. charges or fees he evaded or attempted to evade. neglected or omitted to pay. (2) A person who refuses, neglects or fai Is to comply with any directive lawfully given by the Organisation in exercise of its power under this Act, or who fails to comply with any provision of this Act or of any regulation made under this Act, commits an offence and, unless another penalty is established for such offence in this Act, is, in addition to the forfeiture of any article or product seized, liable on conviction to a fine of not less than NI ,000,000.00, orto im prisonment and, in the case of a continuing offence, to a further fine not less than N-250,000.00 for every day during which the offence conti nues. (3) Where a person refuses or neglects to obey any directive lawfu lly given under this Act or the regulat ions made under this Act, the Organisation may, irrespective of whether any proceeding has been instituted against, or any punishment imposed on such a person for the refusal or neglect, do or Standards Orgc111isa1ion of Nigeria Ac!, 2015 2015 No. 14 A 579 cause to be done all such acts as are, in its opinion, reasonable or necessary for the purpose of carrying out such cl irective. (4) The powers conferred by this section include the power to hire and employ such persons as are necessary and proper for making good, loss or damage that has been caused by any refusal or neglect of the person to whom the directive has been given. (5) Any expenses incurred by the Organisation in the exercise of its powers under this section shall be recoverable from the person to \\hom the directivt has been ghen.

32.-( l) If any person required to furnish returns pursuant to section Offences. 30 (I) of this Act fails to furnish those returns as required under this Act, he commits an offence and is liable on conviction to a fine not exceeding NI ,000,000.00 or imprisonment for a period not exceeding one year or to both. (2) If a person, in purported compliance with a requirement to furnish returns, knowingly or recklessly makes any statement in the return which is false in a material particular, he commits an offence and is liable on conviction to a fine not exceeding N 1,000.000.00 or imprisonment for a tern, not exceeding l year or both. (3) A person ,vho wilfully obstructs, interferes ,vith, assaults or resists any officer or employee of the Organisation in the execution of his duty under this Act or who aids, invites. induces or abets any other person to obstruct, interfere with, assault or resist an, officer or employee commits an offence and is liable on conviction to a fine not exceeding NI ,000,000.00 or imprisonment for o term not exceeding one year or both. (4) Where a penalty is not elsewhere prescribed in this Act, any person who commits an offence under th is Act is liable on conviction to a fine of not less than N-500,000.00 or to imprisonment for a term of not less than 9 months or both. (5) The provisions of th is Act are, in addition to and not in derogation of, any penalty for offences imposed on the conviction of any person for an offence under this Act or other enactment or law.

33. Where an offence under this Act which has been committed by a Offences by body corporate is proved to have been committed with the consent or bodies connivance of, or to be attributable to any neglect on the part of, any director, corporate. manager, secretary or other official of the body corporate, or any person purporting to act in an) such capacit}, he as well as the bod) corporate is deemed to be guilty of that offence and is liable to be proceeded against nnd punished. ' A 580 2015 No. 14 Standards Organisation of Nigeria Act, 2015 P ART VIII-LEGAL P ROCEEDINGS Legal 34.-(1) Subject to the prov ision of section 174 of the Constitution of proceedings. the Federal Republic of Nigeria, the Organisation shall be charged with the responsibility for- (a) prosecuting offenders under this Act; and (b) conducting such proceedings as may be necessary for the enforcement and due administration of this Act. (2) Subject to subsection (I) of this section, a staff of the Organisation Cap L I I who is a Legal Officer within the meaning of the Legal Practitioners Act, LFN. 200-l. shall, while in the employment ofthe Organisation be entitled to represent the Council or the Organisation as a Legal practitioner for the purpose and in the course of his employment. (3) Proceedings under this section may be unde1taken by the Organisation or by a person authorized by it in that behalf in the Federal High Court. Jurisdiction 35.-( 1) All offences under this Act may be tried by the Fedei-a l High and Court. ~ prosecution of Offences. (2) Where a provision is made in this Act for a Criminal sanction to be imposed in case of an act, omission or default without reference therein to the ! default being an offence, or without reference to conviction thereof in a court, as the case may be, the reference to the act, omission or default shall be construed as referable to an offence, and the expression "offences'· as used in this section shall have effect in relation to any act, omiss ion or default. Application 36. The cou1t imposing a fine under this Act may direct that the whole of fines. or any part thereof be applied in or towards payment of the costs of the proceedings, or in or towards compensating the Organisation and subject to any such direction, all fines under this Act shall notwithstanding anything in any other enactment to be paid into the Fund of the Organisation or into the appropriate Consolidated Revenue Fund. Application 37.-( I) The Organisation may apply to the cou1t for directions in respect to the of any matter concerning its duties, powers and functions under th is Act and, Federal High on such application, the court may give a direction and make such further Court for direction. order or orders as it deems fit in the circumstance. (2) The Organisation may conduct inqui ries with respect to the compliance with the provisions of this Act by any authorized person or body. Standards Organisatfon of Nigeria Acr, 2015 2015 No. 14 A 581

38. Every member, agent, auditor or employee for the time being of the Indemnity Organisation shall be indemnified out of the funds or assets of the Organisation of members against any liability incurred by him in defending any proceeding whether civil and employees oreriminal in whiehjudgment is given against him in his capacity as a member, ofthe agent, auditor or employee. Organisation.

39.-(l) No suit against the Organisation, member or any employee of Limitation the Organisation, for any act done in pursuance or execution of any act, public or suits against the duty or authority, shall lie or be instituted in any court unless it is commenced Organisation. within 6 months next after the act, negligence or default complained of or, in the case of a continuance of damage or injury, within 6 months next after the cessation thereof. (2) No suit shall be commenced against the Organisation before the expiration of a period of 3 months after a written notice of intention to commence the suit. (3) Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims.

40. The notice referred to in section 39 (2) of this Act and any summons, Sen ice of notice or other document required or authorized to be served upon the processes. documents. • Organisation, under the provisions of this Act or any other enactment or law, etc. may be served by delivering the same to the Director-General of the Organisation or by sending it by registered post addressed to the Director- General at the Head Office of the Organisation.

41. Where in any proceeding under this Act a person is summoned or Onus of otherwise dealt with as the manufacturer, importer or seller, and such person proof in alleges that he is not as alleged, the burden of proof shall be upon such person. c.:rtai n cases.

42. In any action or suit against the Organisation, no execution or attachment Restriction or process in the nature thereof shall be issued against the Organisation, but any on execution sum of money which may be the judgment of the court be awarded against the against the property of Organisation shall be, subject to any directive given by the cou11 where notice of the appeal has been given by the Organisation in respect of the said judgment, be organisation. paid by the Organisation from the funds of Organisation.

43. Any function performed under this Act by the Minister, the Certain Organisation, the Council, a member of the Council, a committee, or a member acts not interpreted of a committee, the Director-General or an employee of the Organisation in as connection with the ce,titication of any commodity, product, material, substance, assurances service, process, act or matter, shall not be interpreted as an assurance or a or guarantee of any nature in respect of that commodity, product, material, guarantees. substance, service, process, act or matter. A 582 2015 No. 14 Standards Organisation of Nigeria Act, 2015 PART IX-MISCELLANEOUS PROVISIONS Reports. 44.-( l) The Council shall, within the first three months of the next year after the end of each year, submit to the Minister a report on the activities of the Council and the Organisation during the last preceding year. (2) The Organisation may publish in each year repo11s on any of its activities and when such repo11s are published the Organisation shall- (a) distribute copies free to the National Assembly, departments of the Government of the Federation or a State and to such other bodies as may be approved by the Council; (b) where appropriate, make copies available for sale to the public and other interested parties, and such reports shall be in addition to any other publication made by it under this Act. Power to 45. The Director-General or any other officer of the Organisation make test designated in that behalf shall have power to make purchases of goods as purchases. may appear expedient for the purpose of determining whether or not the provisions of th is Act are complied with. Recall of 46.-(1) The Minister may, upon the recommendation of the products. Organisation, require the supplier of any defective commodity certified by the Organisation to- (a) recall the commodity and all other types that were supplied to him. in the manner and within the period, specified in the order; (b) disclose to the public, or to a class of person specified in the order, in the manner and within the period so specified ; (c) the nature of any defect in any commodity identified in that order: (d) the circumstances in which the use of the commodity is dangerous ; (e) procedures for disposal of the commodity; or (f) notify the public or a class of persons specified in that order, that the supplier undertakes to- (i) repair the defective commodity, (ii) replace the defective commodity, or (iii) refund to a person to whom the commodity was supplied the price of the commodity (whether by the supplier or by another person), within the period specified in the order. (2) Where an order made under this section is still in force. a supplier of a commodity to which the order relates. fai Is to comply with the requirements or direction in the order, he commits an offence. Standards Orga11isatio11 of Nigeria Act. 2015 2015 No. 14 A 583

47.-( I) The Organisation may order the destruction of goods detained Destruction under this Act, if- of violath·e (a) the testing indicates that the goods did not meet the relevant N igcrian goods. Industrial Standards : and (b) it is reasonable to destroy the goods because the goods are in a dangerous state or injurious to the health of human beings. animals or plants. (2) In an order under sub-section ( l) of this section, the Organisation may require the O\\ ner or the goods to pay the cost of the destruction of the goods includmg the costs of transporting and storing the goods before destruction. (3) At least 14 days notice shal I be gi, en of the order under subsection (I) of this section. either by gi,·ing the O\\ ncr of the goods a written notice or by publishing a,, ritten notice in the Federnl Gazette.

48. In e\'ery government procurement." here compliance with standards Stntcment in is a requirement, no payment for c~ccution for such contract shall be nwtk dDeument. unless compliance to the relevant standards have been verifi.:c. b~ the Organisation. • 49.- ( l) The Council may make rules, not inconsistent with this Act, for Po,,cr to the genern I and efficient performance of the functions of the Orgnnisation. mJkc rules. (2) No rules under subsection (I) of this section shall be made by the Council ,,itlnut t'1e prior approval of the ~linister. and the rules shall be published in the I cdcral G:izctte. 50.--(_ I) rh~ Stand,trd:; Org:misafon of Nigeria A<.:t No. S9 La\\s of the federntion ofl\ igeria. 2004 is repealed. SHI ings. Cap. 123. (2) Without prcjud1~e to sccti n 6 of the !nterprctat :)n Act. the repeal of LrK 2004. the enactment referred to in subsection (I) of this section shall not affect anything done under or pursuant to that enactment. and- (a) all notices, designations and certificates issued under the repealed Act, or any other enactment, in respect of any matter dealt with in this Act, arc deemed to have been issued under this Act ; (b) all regulations made under the repealed Act, or any other enactments. in respect of any matter dealt ,, ith in that Act. are deemed to ha,e been made under this Act: (c) the employees and appointees oft he Organisation remain employees of the Organisation : and (d) the Director-Gen1..:1 ,ti Llfthe Organisation appointed under the repealed Act is deemed to be the Chief Executive of the Organisation and remains in office for the unexpired term of his office. A 584 2015 No. 14 Standards Organisation of Nigeria Act, 2015 (3) The offices, rights, interest, obligations and liabilities of the Council or Organisation existing before the commencement of this Act under any contract or instrument or in law or in equity, shall, by virtue ofthis Act. become vested in the Council or Organisation, as the case may be, and sh al I be of the same force and effect against or in favour and shall be enforceable fully and effectively. Interpretation. 51.-(l) In this Act- '·Chairma11" means the Chairman of the Council appointed under section 3 (I) (a) of this Act; "Councir means the Standards Council of Nigeria established under section 3 (l) of th is Act ; ·'cert[fication mark" means the special certification mark issued to a permitted manufacturer; "Director-Generaf' means the Director-General appointed under section 8 (1) of this Act; "member'' means a member of the Council and includes the Chairman; "Minister" means the Minister responsible for Industries ; "Nigerian Industrial Standards" means the industrial standards established by the Council under this Act; .! "Organisation" means the Standards Organisation ofN igeria established by section I (I) of this Act ; "per111ifled manufacturer'' has the meaning assigned under section 25 (I) of this Act ; ·'State" means a State of the Federation. (2) In this Act a reference to ·'officer or employee of the Organisation" is a reference to any person appointed under section I of this Act. (3) In this Act, a reference to a numbered section is a reference to the section so numbered in this Act. Citation. 52. This Act may be cited as the Standards Organisation of Nigeria Act, 2015. Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 585 SCHEDULE Seclion 3 (9) MEETINGS AND PROCEEDINGS OF THE COUNCIL MEETINGS Number of Meetings

1. Subject to the provisions of th is Act and any standing order of the Council, the Council shall meet not less than once every 3 months and on such other occasions as may be necessary for the fu lfillment of its functions. Place of Meeting

2 . Unless the Council otherwise directs all meetings shall be held in Nigeria. Length of Notice for Calling Meetings

3.-( l) The notice required for al l types of meetings from the commencement of this Act shall be 14 days from the date on which the notice was sent out. (2) A meeting of the Counci l shal l, notwithstanding that it is called by a shorter notice than that specified in subsection ( I) of this section, be deemed • to have been duly and properly called if it is so agreed by all the members entitled to attend and vote or by the members present provided a quorum is formed. Contents of Notice

4.-( 1) The notice of meeting shall specify the place, date and ti me of the meeting and the general nature of the business to be transacted in sufficient detail. (2) No business may be transacted at any meeting unless a notice of it has been duly given. (3) An error or omission in a notice with respect to the place, date, time or general nature of the business of a meeting sh al 1not invalidate the meeting provided that in the case of bonafide error or omission, the secretary shall effect the necessary correction either before or during the meeting. Persons entitled to Notice

5. (1) The follow ing persons are entitled to receive notice of meeting- (a) every member; and (b) co-opted members, if any. (2) No other person is entitled to receive a notice of meetings. A 586 2015 No. 14 Standards Organisation of Nigeria Act, 2015

6. (1) A notice may be given by the secretary to any member either personally or by sending it by post to him or to his address or (if he has no address within Nigeria) to the address, if any, supplied by him to the secretary for the giving of notice to him. (2) Where a notice is sent by post, service of the notice is deemed to be effected by properly addressing, prepaying the posted letter containing the notice, and to have been effected at the expiration of 7 days after the letter containing the same is posted. (3) Failure to give notice of meeting to a person entitled to receive it shall invalidate the meeting unless such failure is a bonafide omission on the part of the person or persons giving the notice. Attendance at Meetings

7.-( I) Every person who is entitled to receive a notice of meeting of the Council is entitled to attend such a meeting. (2) The secretary shall produce a list showing the names, descriptions and addresses of the members at the commencement of the meeting and it shall remain open and accessible to any member during the continuance of the meeting. Right of certain persons to altend

8. Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. P ROCEEDINGS Decisions on Questions

9.-( I) Subject to the provisions of this Act, all acts of the Council and all questions arising before the Council shall be determined by a majority of the members present and voting at a meeting of the Council. Casting Vote (2) The person presiding shal I have original vote and, in the event of an equality of votes, shall have a second casting vote. Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 587 Standing Orders

10. Subject to the provision of this Act, the Council may make standing orders for the regulation of its proceedings and business and may amend or revoke such Standing Orders. Quorum

11.-(1) The quorum of the Council shall be 5 and shall include at least 3 of the persons mentioned in subsection 3 ( I) (b) and (c) of this Act. (2) The quorum of any committee of the Council shall be determined by the Council. (3) For the purpose of determining a quorum, members present shall be counted. (4) Unless otherwise provided by the standing order of the Council, no business shall be transacted at any meeting unless a quorum is present at the time when the meeting proceeds to business and throughout the meeting. • Presiding at Meeting

12. At any meeting of the Council, the Chairman shall preside, or, in his • absence, the members present at the meeting sh al I elect one of them to preside at the meeting. Minutes of Proceedings and Effects

13.-(1 ) The secretary shall- (a) cause minutes of all proceedings at meetings; and (b) all proceedings at meetings of its committees to be entered in books kept for that purpose. (2) Any such minutes purpo1ting to be signed by the Chairman of the next succeeding meeting shall be prima-facie evidence of the proceedings. Conunittees

14.-( 1) The Council may appoint such technical and project committee as it deems fit to deal with specific materia ls or groups of materials or topics or such other tasks as the Council may direct any such committee to undertake. (2) Each committee shall be presided over by a member of the Council and shall be made up of such number of expe11s not necessarily members of the Council, as may be determined in each case. (3) Subject to its power to appoint technical and project committees in accordance with sub-paragraphs (I) and (2) of this paragraph, the Council shall appoint the following standing committees- A 588 2015 No. 14 Standards Organisation of Nigeria Act, 20 IS (a) Finance and General Purpose Committee ; (b) Appointment, Promotion and Disciplinary Committee; and (c) Technical Committee. (4) Each committee shall be presided over by a member of the Council. ( S) The Council may increase or reduce or otherwise vary the composition of the membership of each committee as it deems fit. (6) The decision of any committee appointed under this paragraph is of no effect unti I it is ratified by the Counci I. Miscellaneous Maflers relating to Meetings, Proceedings and Status of Members

15.-( I) The validity ofany proceeding of the Council or any committee shall not be vitiated by- (a) any vacancy in the membership of the Counc il or any committee, or (b) any defect in the appo intment of any such member, or • (c) reason that a person not entitled to do so took part in the proceedings. (2) Where a person not duly appointed as a member acts as such on behalfofthe Council, his act shall not bind the Council and he shall be personally liable for such an action. I ce,tify, in accordance with section 2 ( I ) of the Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses of the National Assembly. SALISU ABUBAKAR MAIKASUWA, OON, mni Clerk to the National Assembly 25th Day of May, 2015. Standards Organisation of Nigeria Act, 2015 2015 No. 14 A 589 EXPLANATORY MEMORANDU.\1 This Act repeals the Standards Organisation Act Cap. S9 Laws of the Federation of Nigeria, 2004 and enact the Standards Organisation Act, 2015 for the purpose of providing additiona l functions for the Organisation and increasing penalty for violations . • - • H SCHEDULE TO STANDARDS ORGANISATION OF NIGERIA BILL, 201 5 (1) (2) (3) (4) (5) Shor/ Title long Title <?I" the Summwy of the Dute Passed by Dote Passed hy <?l the Bill Bill Contents of the Bill the Senate the House <?/ Representatives An Act to repeal the Standards This Bill repea ls the Standards Standards 21st May,20 15. 7th November, 2013 Organisation of Nigeria Act, 2015 Cap. Organisation Act, Cap. S9 Laws of Organisation of Nigeria S9 Laws of the Federation of Nigeria, the Federation ofN igeria, 2004 and 2004 and enact the Standards Organisation enact the Standards Organisation Bill, 20 I 5. of Nigeria Act, 20 I Sfor the purpose of Act, 20 15 for the purpose of providing additional functions for the providingadditiona l functions for the organisation, increasing penalty for Organ isation and increasing penalty violations ; and for related matters. for violations. I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be tru e and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, Laws of the Federation of Nigeria, 2004. I ASSENT SA1.1su Am mAKAR MAIKASlJWA, ooN, mni @) Clerk to the National Assembly 25th Day <if May, 20 15. DR. GooD1.u<:K E ni;1.1; J oNATI IAN, c;ci:R President <?[ the Federal Republic <if Nigeria 26th Day <?f May, 2015.