The National Fertilizer Quality (Control) Act, no. 23 of 2019

Extraordinary Federal Republic of Nigeria Official Gazette No. 115 Lagos - 18th December, 2019 Vol. 106 Government Notice No. 96 The following is published as supplement to this Gazette : Act No. Short Title Page 23 National Fertilizer Quality (Control) Act,2019 .. 2. 0. Al-16 Printed and Published by The Federal Government Printer. Abuja. Nigeria FGP 17/12020/250 Annual Subscription from |st January, 2020 is Local : 415,000.00 Overseas : N21.500.00 [Surface Mail] N24.500.00 [Second Class Air Mail]. P NATIONAL FERTILIZER QUALITY (CONTROL) ACT, 2019 ARRANGEMENT OF SECTIONS SECTION : 10. ll. 12. 13. 14, 15. 16. 17. S O N a Part I—Permit OF CERTIFTCATE OF REGISTRATION Objectives of the Act. Application for permit or certificate of registration. Issuance of permit or certificateof registration. Keeping of records by prescribed authority. Validity of permit or certificate of registration. Fees. Cancellation of permit or certificate of registration. Part JJI—Prouipitep ACTIVITIES Operating with an expired permit or certificate of registration. Destructive ingredients or harmful properties. Conversion or diversion of fertilizer. Obstruction of authorised officers. Sale of unbranded or misbranded fertilizer. Part III—INspECTION AND ENFORCEMENT POWER Power of entry. Display of permits or certificates of registration. Enforcement. Allowable variation in fertilizer weight. Labels Part [V—OFFENCES AND PENALTIES Offences relating to manufacture, importation and distribution of fertilizer. aa aa EN et hi bi ng ee ne an io ne A4 2019 No. 23 National Fertilizer Quality (Control) 24. 25. 26. 2H 28. eo: Compensation. Part 1V—MiIsCcELLANEOUS Power to make regulations. Repeal of Cap. N39, LFN, 2004 and Cap F25, LFN, 2004. Sayings and Transition. Interpretation. Citation. SCHEDULES Xv NATIONAL FERTILIZER QUALITY (CONTROL) ACT, 2019 ACT No. 23 An Act TO REPEAL THE NATIONAL FERTILIZER BoarD Act, Cap. N39, Laws OF THE FEDERAL NIGERIA, 2004, THE FERTILIZER (CONTROL) Act Cap. F25, Laws OF THE FEDERAL NIGERIA, 2004, AND ENACTS THE NATIONAL FERTILIZER QUALITY ControL, 2019 To PRovIDE AN IMPROVED REGULATORY FRAMEWORK FOR THE MANUFACTURE, IMPORTATION, SALE AND DISTRIBUTION OF FERTILIZER IN NIGERIA; AND FOR RELATED MATTERS. [15th day of October, 2019] ENACTED by the National Assembly of the Federal Republic of Nigeria. Part I—OBJECTIVES AND PERMIT OR CERTIFICATE OF REGLSTRATION 1. The object of the Act is to safeguard the interest of— (a) the farmers against nutrient deficiencies, adulteration, misleading claims and short weight ; and (b) fertilizer enterprises and contribute to the creation of an enabling environment for private sector investment in the fertilizer industry. 2.—(1) A person shall not carry any business— (a) a manufacturer, blender or importer of fertilizer, (6) a distributor of fertilizer, in Nigeria without obtaining from the Prescribed Authority a permit or certificate of registration. (2) An application for a permit or certiticate of registration under subsection (1) shall be— (a) made on such form and in such manner, and (b) accompanied by a non-refundable fee, as may. be prescribed in regulations made under this Act. 3.—(1) Upon being satisfied that— (a) on application for a permit or a certificate of registration has been made in the prescribed manner, (8) the applicant is incorporated under the Companies and Allied Matters Act, (c) all other requirements as may be specifled by regulations made under this Act have been complied with, the Preseribed Authority shall issue permits and certificates of registration othe applicant within 30 da Raia cs Fe A RR to the applicant within 30 days of the receipt ¢ plicatic A5 Commence ment. Objectives of the Act. Application for permit : certificate of registration. Issuance of permit certificate of registratior A6 2019 No. 23 National Fertilizer Quality (Control) Keeping of records prescribed authority, Validity of permit certificate of registration. Fees. Cancellation or permit certificat registration (2)A permit or certificate of registration shall not be issued where within three years immediately preceding the date of the making of the application (a) a previous permit or certificate of registration is under suspension : or (b) the applicant has been convicted of an offence under this Act or regulations made under this Act. (3) Where a permit or certificate of registration is not issued within the period specified in subsection (1) the applicant shall be informed of the refusal and the reason. 4. The Prescribed Authority shall keep accurate records containing all the issued permits or certificates of registration. 5.—(1) The Prescribed Authority may suspend or cancel a perm it or certificate of registration where— (a) the grounds on which it was issued were false or incomplete ; (b) the circumstances under which it was issued no longer exists ; (c) any of the conditions or undertakings under which it was issued has been contravened ; or (d) the standard or quality, safety or efficacy as specified on the application form has not been compiled with. (2) A permit or a certificate of registration shall, unless suspended or cancelled, be valid for a period of three years. 6. The holder of a permit or certificate of registration shall pay— (a) a renewal fee every three years ; (b) inspection fee for fertilizer manufactured, blended, imported or distributed every year as may be specified by regulations ; and (c) an appeal fee under section 7, if the need arises and other fees as may be specified by regulations made under this Act. 7,.—(1) Where a permit or certificate of registration is cancelled, an appeal may be lodged with the Minister within 30 days of the cancellation. (2) An appeal made under subsection (1) shall be in writing and be accompanied by Such mpormation as May oe necessary tO SUPPOTT the appeal. National Fertilizer Quality (Control) 2019 No. 23 A7 (+) a person is dissatisfied with the decision of the Minister. an appeal may be made to the Federal High Court. Part I]—ProniBiTeD ACTIVITIES 8. A person shall not operate or carry on business as a manufacturer, blender, importer or distributor of fertilizer in Nigeria with an expired permit or certificate of registration. 9. Aperson shall not sell any fertilizer or fertilizer supplement that contains destructive ingredients or properties harmful to plant growth when used according to the accompanying instructions or in accordance with the instructions contained on the label of the package in which the fertilizer or the fertilizer supplement is contained. , 10. A person engaged in the sale, distribution, transportation of fertilizer or who keeps custody of fertilizer shall not, without lawful authority, divert or convert the fertilizer to his own use or the use of another person. 11. A person shall not obstruct, hinder or prevent a duly authorized officer of the Prescribed Authority from carrying out the duties and responsibilities assigned to such officer under this Act or regulations made pursuant to this Act. 12. A person shall not engage in the sale of unbranded or misbranded fertilizer. Part III—INSPECTION AND ENFORCEMENT POWERS 13.— (1) An authorised officer of the Prescribed Authority or a person duly authorised by the Prescribed Authority shall— (a) enter and inspect any premises, building, vehicle, plant or equipment that is used in the manufacture, blending, importation, distribution, sale, storage or transportation of fertilizer ; and (b) take official samples from the fertilizer found during an inspection for laboratory analysis for the purpose of ascertaining the quality of the fertilizer as specified in the First Schedule. (2) The quantity of samples to be taken under subsection (1) shall not exceed the quantity stipulated in regulations made under this Act. (3) An Authorised Officer ts vested with the power t iv, Operating with an expired permit or certificate of registration. Destructive ingredients harmful properties. Conversion or diversion fertilizer. Obstruction of authorized officers. Sale of unbranded or misbranded fertilizer. Power of entry. First Schedule. A8 2019 No. 23 National Fertilizer Quality (Control) Display of permits certificates of registration. Enforcement. Allowable variation fertilizer Weight. Labels. Second Schedule. Offences relating to manufacture. importation and distribution of fertilizer. First Schedule. Penalty for (5) inspect any person or a vehicle or receptacle used to move fertilizers from one location to another ; and (c) draw official samples of fertilizers for analysis : seize and detain any fertilizer in violation of this Act and any equipment, package, document, or means of transportation associated with such fertilizer. 14. A manufacturer, blender, importer or distributor of fertilizer shall conspicuously display his original permit or certificate of registration at his company or point of sale. 15. Where the Minister has reasonable cause to believe that fertilizer is being sold in violation of any provision of this Act, the Minister shall issue a written order to stop the sale or disposal of the fertilizer until the Minister or court revokes the order or upon the expiration of the time stated in the order prohibiting the sale or distribution of the fertilizer 16.—(1) The acceptable deviation of measured fertilizer bag weight from the value claimed on the label shall not be more than 500mg per 50kg bag or 1% across all bag weights. (2) The Minister may by regulations make such modifications to the acceptable deviation of measured fertilizer by weight as considered necessary and prescribe appropriate sanctions for any deviation. 17. The minimum requirement for all fertilizer labels is as specified in the Second Schedule to this Act. Part IV—OFFENCES AND PENALTIES 18. A person who— (a) manufactures, blends, imports or distributes fertilizer that is deficient in plant nutrient as specified in the First Schedule to this Act, (6) manufactures, blends, imports or distributes unbranded or misbranded fertilizer, (c) imports, exports or distributes adulterated fertilizer, (d) offers for sale, fertilizer that is underweight, (z) sells condemned fertilizer, +) diverts or converts fertilizer, or (g) flouts a stop sale order. commits an offence under this Act. 19. A person who commits any of the offences listed in section 18 or made under this Act is liable on conviction regulations n toa term. of imprisonment ve vears Without Option OF Tine. National Fertilizer Quality (Control) 2019 No. 23 A9 20.—(1) A person who contravenes the provisions of section 2 or 8 of this Act commits an offence and is liable on conviction— (a) in the case of a manufacturer, blender or importer, to a fine of at least N5,000,000.00 but not exceeding N10,000,000.00 ; and (bd) in the case of a distributor of fertilizer to a fine of N500,000.00 or: each day the offence persists. oe aae (2) Any director, employee or agent of the manufacturer, blender, importer or distributor who contravenes the provisions o&sections 2 or 8 commits an ., offence unless the director, employee or agent proves that the offence was committed without his knowledge or connivance. 21. Aperson who contravenes the provisions of section 9 or 10 commits an offence and is liable on conviction to a fine of at least N1 ,000,000.00 or to aterm of” imprisonment of at least six months or both. 22. A person who contravenes the provision of section 11 commits an offence and is liable on conviction to a fine of at least N200,000.00 or a term of imprisonment of at least six months or both. 23. The court shall have jurisdiction to try offences under this Act. 24.—(1) Where an offender is convicted of an offence under this Act, the court may order that the offender pays compensation in addition to any other punishment imposed by the court. (2) In awarding compensation, the court shall consider awards aimed at remedying any injury caused to— (a) the farmer or end user ; (6) the manufacturer or blender ; and (c) the affected community. Part V—MiISCELLANLOUS 25.—(1) The Minister may by regulations make provisions for carrying into effect the provisions of this Act and for its due administration, such as the appointment of a National Fertilizer Technical committee (in the Act referred to as “the NFTC"), as an advisory body to the prescribed authority. (2) Without prejudice to the generality of the powers conferred on the Minister, the regulations may provide for Penalty for offence relating to manufacture. importation and distribution of fertilizer. Penalty for use of destructive ingredient in conversion or diversion etc. of fertilizer. Penalties for obstruction of authorised officers. Jurisdiction, Compensa tion. Power to make regulations, A110 2019 No. 23 National Fertilizer Quality (Control) Repeal of Cap. N39. LFN. 2004 and Cap F25 LFN.2004 Savings and Transition. Interpretation. (a) the fertilizer regulatory system including inspection, sampling and analysis, registration requirements, labeling requirements, and inspection fee collection procedures ; (6) offences and punishments including plant nutrient deficiencies, misbranding, adulteration under-weight, obstruction of inspectors, stop sale orders, seizure, condemnation and sale, authenticity of analytical results. and destructive ingredients ; (c) environmental and publichealth issues relating tc the use of fertilizer ; (d) plant nutrient guarantees ; (e) investigational allowances and penalties ; (f) publication of deficiency reports and annual fertilizer tonnage reports ; and (g) any other matter that is deemed necessary for the implementation of this Act. : 26. The National Fertilizer Board Act Cap. N39, Laws of the Federation of Nigeria, 2004 and the Fertilizer (Control) Act, 1991, Cap. F25, Laws of the Federation of Nigeria, 2004, are repealed 27.—(1) Without prejudice to section 6 of the Interpretation Act, the repeal of the Acts specified in section 26, shall not affect anything done under those Acts. (2) Every order, requirement, certificate, notice, direction, decision, authorisation, consent, application, request or thing made, issued, given or done under the Acts repealed shall, if in effect at the commencement of this Act, continue to be in effect as if made, issued. given or done under the corresponding provisions of this Act. 28. In this Act— “adulterated fertilizer” means fertilizer of ~+ {cr} containing any deleterious substance in sufficient amount as to affect d-orivinal ¢ 1% 4] ertilizer.\ " applied in ' anie hiiimon aati lide “y iti, AMiMAalS, NUMaNS, aquatle Hie. SOU, OF National Fertilizer Quality (Control) 2019 No. 23 “applicant” includes a body corporate or legal person ; “application” means the request for an approval by an applicant to produce, import, blend or sell fertilizer in Nigeria ; “authorised officer” means an officer of the Farm Inputs Supply Services Department of the Federal Ministry of Agriculture duly appointed or designated and notified under this Act to draw official samples of fertilizers to get their quality tested in a laboratory identified for this purpose, to inspect the fertilizer records being maintained by manufacturers, importers and . distributors, and to launch prosecution against the violators of any of the provisions of this Act. “brand” means design, trade mark, or other specific designation of the manufacturer, blender or importer under which fertilizer is distributed ; “court” includes Federal High Court, State High Court and Magistrate Court whiere applicable ; “director” means the Director in charge of the Farm Inputs Supp!s Services Department in the Federal Ministry of Agriculture ; “director of a manufacturer, blender, importer or distributor” means a principal officer of a company engaged in manufacturing, importing blending or distribution of fertilizer ; “distribute” means to consign, offer for sale, sell, barter, or supply fertilizer ; “employee” means any person being paid to work for a fertilizer manufacturer, importer, blender. distributor or dealer ; “fertilizer” means any organic or inorganic substance or mixture of substances containing one or more recognized plant nutrient that is used to improve plant nutrient content and is designed for use in promoting plant growth ; “holder of a permit or a certificate or registration” means a person who has obtained a permit or a certiticate of registration under the provisions of this Act and as prescribed by regulations made under this Act : “label” includes— (a) all written, printed, marked symbols or graphic matter displayed upon the immediate container used in promoting the sale of fertilizers : (b) statements accompanying a fertilizer, supplement or package used in prompting the sale of fertilizer : or (c) advertisements, brochures, posters television, radio, or internet announcements used in promoting the sale of fertilizer ; “lawlul authority” means by the authority or any law, rule or regulation or power exercisable by a person pursuant to any public power to command or act in the name of the public : All > Al2 First Schedule. 2019 No. 23 National Fertilizer Quality (Control) “manufacture” means produce or blend fertilizer ; “Minister” means the Minister responsible for Agriculture ; “Ministry” means the Ministry responsible for Agriculture ; “misbranding” includes— (a) the use of the name or trademark of another manufacturer in a way that is likely to deceive the public ; (b) false declaration of the nutrient content of a fertilizer. “nutrient deficient” means the analysis of any nutrient in the fertilizer is below the guarantee indicated on the bag by an amount exceeding the investigational allowance listed in the First Schedule, or if the overall index value of the fertilizer is below 98% ; “official sample” means a sample of fertilizer taken for cee and designated official by the prescribed authority ; “person” means a corporate body, individual, partnership, association, firm, or corporation ; “Prescribed Authority” means the Department responsible for fertilizer in the Federal Ministry of Agriculture ; “sell” includes to trade, offer for sale, expose for sale, or have in possession for sale any quantity of fertilizer ; “short weight” means deviation in weight of fertilizer content below the claimed weight on the label ; “supplement” means any substance or mixture of substances other than fertilizer, that is manufactured, imported or sold for use in the improvement of the physical condition of soil or to aid plant growth or crop yield : “unbranded” means the absence of the name, logo, trademark or other means of identification of a fertilizer and its importer, blender or manufacturer ; “underweight” means fertilizer content with short weight which exceeds the 0.6% of the weight claimed on the label ; and yy of} 3° " Ly ~} a se rey +h A 7 * weciilads ; viotation” means a breach of any provision of this Act or regulations 29. This Act may he cited as the National Fertilizer Quality (Control) Act 2019. National Fertilizer Quality (Control) 2019 No. 23 SCHEDULES First SCHEDULE Sections 13 (1) (5), 18 (a) and 28 Quality of Fertilizer (1) A fertilizer shall be deemed deficient if the analysis of an official sample for any primary plant nutrient is below the minimum guarantee by an amount exceeding the values in the following— Minimum — Available Guarantee Nitrogen Phosphate Potash a) (P,0,) (K,0) Percent Percent Percent Percent (20) a cents = M%) “(%) as 04 or less 0.49 0.67 0.41 05 0.51 0.67 0.43 06 0.52 0.67 - 0.47 07 0.54 0.68 0.53 08 0.55 © 0.65 0.60 09 0.57 0.68 0.65. 10" * 0.58 0.69 0.70 12 0.61 0.60 0.79 14 0.63 0.70 0.87 16 0.67 0.70 0.94 18 0.70 0.71 1.01 20 0.73 O72 1.08 22 0.75 0.72 1.15 DA> =. 0.78 0.73 1.2] 26 0.81 0.73 1.27 28 0.83 0.74 1.33 30 0.86 0.75 1.39 32 or more 0.88 0.76 1.44 2. For guarantees not listed, under paragraph 1, appropriate value shall be calculated by interpolation. 3. A fertilizer shall also be deemed deficient if the actual value is-less than ninety-eight (98%) percent of the guaranteed value in the case of straight (single nutrient) fertilizers. The actual value is calculated by comparing the value guaranteed with the value found. ; Al4 | 2019 No. 23 National Fertilizer Quality (Control) 5. Secondary and micronutrients shall be deemed deficient if the analysis of an official sample is below the guarantee by an amount exceeding’ the values in the following table— Element Percent Investigational Percent (%) Allowance Guarantee Calcium 0.2 1 5 Magnesium 0.2 ts 5 Sulfur 0.2 + 2 Boron 0.003 +: 15 Cobalt . 0.0001 + 30 Molybdenum 0.0001 ct 30 ‘ Chlorine 0.005 Te 10 Copper 0.005 + 10 Iron 0.005 zi 10 Manganese 0.005 are 10 Sodium 0.005 10 Zine 0.005 , 10 The maximum allowance when calculated in accordance with the above shall be 1%. National Fertilizer Quality (Control) 2019 No. 23 Al5 SECOND SCHEDULE Section 17 |. The following information in the formal presented is the minimum required for all fertilizer labels— (a) for packaged products this information shall either— (7) appear on the front or back of the package and occupy at least one third of a side of the package ; or (ii) be printed on a tag and attached to the package. 2.—{1) This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery stating— (a) brand (if applicable) ; (b) grade, only when primary nutrients are claimed ; (c) guaranteed analysis ; total nitrogen (N) % ammoniacal nitrogen % nitrate nitrogen % urea nitrogen %) water-insoluble nitrogen % other recognized and determinable forms of N (d) net weight : (e) sources of nutrients, when shown on the label, shall be listed below the guaranteed analysis statement ; and (7) name and address of the applicant. (2) Where the chemical forms of Nitrogen are claimed or required, the form shall be guaranteed in the format shown in paragraph (c) of subsection (1) and the percentages of the individual forms shal! add up to the total nitrogen percentage as follows— phi Oe sarmantalhacic) 9 (Oiher hutrients, ciemental basis) 70 1 Re re ars ee Saabs au an Ee vwarhnt rt (3) l¥ claims are made on the label other than nutrient guarantees, the ' “4 res - 1 1 so4 5 : od Antha: mar require that th nt ni orow res t t nay rec re hh C i Hit ‘ A16 2019 No. 23 National Fertilizer Quality (Control) (a) a testing program conducted by a reputable researcher acceptable to the Director that substantiates the claims made on the label ; and (b) a laboratory procedure acceptable to the Director for evaluating these claims. EXPLANATORY MEMORANDUM This Act repeals the National Fertilizer Board Act Cap. N39. Laws of the Federal Nigeria, 2004, the Fertilizer (Control) Act Cap. F25, Laws of the Federal Nigeria 2004, and enacts the National Fertilizer Quality Control, 2019 to provide an improved regulatory framework for the manufacture, importation, sale and distribution of fertilizer in Nigeria. I certify, in accordance with Section 2 (1) of the Acts of 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. MOHAMMED ATaBA SANI-OMOLORI Clerk to the National Assembly 19th Day of September, 2019. S C H E D U L E T O T H E N A T I O N A L F E R T I L I Z E R Q U A L I T Y ( C O N T R O L ) B I L L , 20 19 (I (2 ) (3 ) (4 ) (5 ) Sh or t Tit le Lo ng Ti tl e of th e S u m m a r y of t he Da te pa ss ed by Da te pa ss ed by the Bi ll Bi ll Co nt en ts of t he Bi ll th e Se na te th e Ho us e of Re pr es en ta ti ve s An Ac t to Re pe al th e Na ti on al | Th is Bi ll re pe al s th e Na ti on al Fe rt il iz er | 20 th Ma rc h, 20 19 21 st Ma y. 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