Administrative Regulation on Wheat Flour Fortification (Administrative Notice MCI/No.01 1/07/2017)

MINISTRY OF COMMERCE AND INDUSTRY ADMINISTRATIVE REGULATION WHEAT FLOUR FORTIFICATION ADMINISTRATIVE NOTICE MCI/NO.011 /07/2017 JULY 19, 2017 Administrative Notice MCI/No.0 l l /07/20 l 7 Page 2 of 14 TABLE OF CONTENT 1.0 GENERAL RlJLE .............. ............................. .............................................. ...... 3 2.0 P URPOSE ..................................................... ....................................................... 3 3.0 DEFINITIONS .............................. : .................................. ..... .............................. 3 4.0 APPLLCA l 'ION ... ..................... ... .................................................. ..................... 5 5.0 FORTIFICATION STANDARDS .................................................................... 5 6.0 lMPORT AND MANUFACTlJRJNG REQUIREMENTS ............................. 6 7.0 INSPECTION AND lNYESTTGATTVE POWERS OF THE MINISTRY ... 9 8.0 ENFORCEMENT ............................................................................................... 9 ANNEX A: PROCEDURE FOR THE IMPORTATJON OF WHEAT FLOUR 12 Signa tories' Initials: }jt / / Administrative Notice MCI/No.O I I /07/20 17 Pagc3ofl4 ADMINISTRATIVE NOTICE MCI/NO.01 1/07/2017 ADMINISTRATIVE REG ULATION ON WHEAT FLOUR FORTIFICATION 1.0 GENERAL RULE WHEREAS, Part ll, Executive Branch Generally; Chapter I 0, General Provisions; Section I 0.5 of Title 12 Liberia Code of Laws Revised (Executive Law); grants authority to the head of each ministry or independent agency in the Executive Branch, subject to the approval of the President, the power to prescribe regulations not inconsistent with the law of the operation of the ministry or agency, and the accompli shment of its lawful functions; WHEREAS, Chapter 29, Section 29.2(a) of the Executive Law grants the Minister of Commerce and Industry the power to estab lish trade arid commodity standards; 2.0 PURPOSE The purpose of this Regulation is to regu late the impo11ation and loca l production of wheat flour by ensuring that al l wheat flour imported and loca ll y produced in the commerce of Liberia is fo rtified with the essential vitam ins, minerals and nutrients mentioned in TABLE 1: WH EAT FLOUR FORTIFICANTS. 3.0 DEFINIT(ONS As used in this Regulation, the fo llowing terms shall be given the meanings described below: "Additive" means any substance or mixture of substances intentionally added to Food fo r the purpose of preventing deterioration , affecting aroma, color, or flavor, or modifying or preserving the genera l phys ical condition or a Food. The add ition of essential nutrients to Foods shall not be considered addi tives. "Authorized Officer" means an officer appo inted by the Ministry of Commerce and Industry (hereafter "MoCl") or otherwise authorized by the MoCl to catTy out duties under the provisions of thi s Regulation. Signatories· Initials: k I I Admi nistrative Notice MC!/No.0 l I /07/2017 Page 4 of 14 "Certificate of Analys is" refers to an authenticated document that is issued by and International Standards Organization (ISO) certified laboratory that sets fo11h the l.ngredients contained in a particular sample(s) or wheat flour that is imported into Liberia . "Distribute" with respect to Food means to exchange, transmit, convey, consign, supply, deliver, trade, sell, or dispose of whether or not for remuneration or other consideration. "Drug" means any substance or mixture of substances, other than Food, manufactured, sold, or advertised for use in humans or animals in the diagnosis, treatment, mitigation , or prevention of any disease, disorder, or physical or mental impaim1ent, or the signs or symptoms thereof. "Essential Nutrient" means any substance, norn1ally ingested, that is necessary for growth, development, and ma intenance of health and which is not produced in adequate amounts by the body, such as vitamins, minerals, proteins, essential amino or fatty acids, or other nutritional substances. "Export" with respect to Food means to send from Liberia to another countiy for distribution in another country . "Food" means any substance or mixture of substances intended in whole or in part for human or animal consumption, including beverages and, for purposes of this Regulation , wheat llour, but excluding Drugs . All Ingredients of such substances, including those used in their manufact1L1re and processing, shall be considered Food subject to the provisions of this Regulation. "Fortified Food" means any food to which one or more Essential Nutrients have been added in order to increase the nutri tive value of the Food, and which are absent from the Food in its original state or which are lost during normal manufacturing, storage, or handling. Fortified or emiched foods shall not be considered to be Drugs. "Import'' with respect to Food means to bring into Liberia from another country for Sale or Distribution in Liberia or another country. "Ingredient" means any component or substance, including an Additive, Essential nutrient or fo1tifying agent, used in the manufacture of wheat flour and present in its final product. "Monitoring" means the observation and recording of the fortificat ion program for wheat flour, and of manufacturers and importers or wheat fl our. "Non-compliance" refers to inconsistencies in standard leve ls that do not meet the mandato1y standard leve ls of fo1tified wheat flour prescribed in this Regulation. "Person" means any ind ividual, licensee, business, corporation, firm , partnership, proprietorsh ip, organization, agency, association, or other entity. Signa tories' In i tials: k I I Administrative Notice MCL/No.011 /07/20 17 Page 5 of 14 "Premises" means any building, sta ll , te nt, cart, or any other structure, whether fixed, temporary, or mobile, together with the land on which it is s ituated and any adjoining land used in connection with it, and includes any vehic le, vessel, or aircraft. "Quality Control" refers to a system of maintaining standards in wheat flour by testing a sample of wheat flour aga in.st its prescribed specifications and standards. "Regulatory Rcquir·cments" means the provisions of all applicable laws, regulations, decrees, and other government enactments, including this Regulation relating to food quality and safety, nutrition , hygiene, packaging, labeling, storage, transportation, or sa le of wheat flour and any other aspect of Food regulation or control pertaining to wheat flour. "Sell" with respect to Food means to offer, prepare for sa le, trade, or exchange, transmit, convey, consign, supply, deliver, distribute, or dispose of for human or animal consumption for any consideration. All words and tenns not defined herein shall be given their plain and customary meaning and shall be interpreted in accordance with the context in which they appear. 4.0 APPLICATION The provisions of this Regulation sha ll apply to wheat flour imported, manufacn,red, packaged, labeled, stored, transported, displayed for sale or distribution, distributed, or sold in Liberia, or exported from Liberia 5.0 FORTIFICATION STANDARDS All wheat flour imported into or manufactured in Liberia must be a Fo11itied Food which shall at a minimum be fortified with the following minerals, vitamins and nutrients: Signatories' Initials: k I I Administrative Notice MCI/No.O l l/07/201 7 Page 6 of 14 STANDARD LEVELS OF FORTIFIED WHEAT FLOUR TABLE 1: WHEAT FLOUR FORTJFICANTS Tolerable analyLical range at borders and factories Border or Claim House Fon ificant NUTRJENT Level o f produciio level al Markel hold Compound addition 1he range n average range Min max mnrket Thiamine Th iamin 1:U 4.8- 4.3 mononitrnl 8.5mg/kg 5.1 9.2 8.5 13.3 13.3 (Bl ) mg/kg mg/kg mg/kg mg/kg C mg/kg mg/kg Riboflavin Riboflavin 5mg/kg 3.1 8. 1 5 .6 3.0-8 .1 2.8-8. 1 (82) rng/kg mg/kg mo/ko 5 mg/kg mg/kg mg/kg :;, 0 Niacin 38. 1 99.9 35-99 .9 34.3 Niacin (8 3) amide 59mg/kg rng/kg mg/kg 69 111g/kg 59 mg/kg mg/kg 99.9 mg/kg ' Ferrous 47 91 47 47-91 Iron fumarate 60mg/kg 69 mg/kg 60 mg/kg 9 l mg/k mg/kg 111g/kg g mg/kg ' 1.6 4.2 2 .9 2.6 1.5 1 .4-4 .2 Folic acid Fol ic acid 2.6mg/kg 4.2mg/ mg/kg mg/kg mg/kg mg/kg kg mg/kg Zinc Zinc ox ide 95mg/kg 70 136 103 95 mg/kg 70- 136 70- 136 mg/kg mg/kg mg/kg mg/kg mg/kg Vitam in 0.02- 0.020 Vitamin 13 12 0.04mg/k 0.022 0.058 0.04 0.04 0.058 0.058 812 0 mg/kg mg/kg mg/kg mg/kg ::, mg/kg mg/kg O. l% WS 6.0 JJ\1.PORT AND MANUFACTURING REQUIREMENTS 6.1 Regulatory Requirements: 6.1.l Imported Wheat Flour Imported wheat flour which does nor meet al l Regulator):' Requirements in respect of its packaging shal l be rejected for im portation in the commerce of Liberia by the Bureau of Customs, MoCI and/or the ir designecs. Where it is establi shed after testing Signa tories' Initials: - ~ / / ,. Administrative Notice MCI/No.O I 1/07/201 7 Page 7 of 14 and/or analysis by the National Standards Laboratory (NSL) or a Certificate of Analysis that any consignment of imported wheat flour that does not meet the minimum requirements set forth in this Regulation, the entire shipment of flour shall be subject to confi scation and shal l be forthwith destroyed or re-exported. The Importer sha ll be subject to appropriate fines and penalties in accordance with applicable law, including the penalty for false declaration to the Bureau of Customs. The Importer may also be prosecuted under the Penal Law of Liberia depend ing on the gravity of the offense. 6.1.2 Locally Manufactured W heat Flour In the case of locally manufactured wlheat flour, sample(s) of each batch of wheat flour produced by the manufacturer shall be provided to the NSL for testing and analysis in accordance with the procedures set out in Appendix II of this Regulation. Such wheat flour may be recondi tioned, relabeled, repackaged, destroyed or otherwise treated as necessary to cure Non-compliance with Regul atory Requirements, as identified by the NSL, at the cost of the manufacturer. While undergoing any of these processes, such wheat flour shal l be identified clearly and stored separately from aU other Foods. If not cured within a reasonable period, in accordance with this Regulation, such wheat nour sha ll be subject to confi scation and destruction as well as any other penalty under app licab le laws. 6.1.3 Knowledge of Deficiencies If any commercial distributor or retail er is or becomes aware, or reasonably ought to be aware, that wheat flour in his/her possession or control does not meet Regu latory Requirements, he/she shall return it to the seller from whom it was purchased. The seller shal l be responsible for reconditioning the wheat tlour or replacing it with wheat flour that meets Regulatory Requirements at its own expense and/or compensating the purchaser for any loss or damage, whether direct or indirect, suffered by the purchaser as a result of the seller's fa ilure to meet the Regulatory Requirements. 6.2 Wa rranties Every person who Imports, manufactures, displays, Distributes, Sells, or Exports wheat flour must enter in to an agreement with the immediate purchaser under which the person represents and warrants that the wheat flour complies with the Regulatory Requirements relating to the Importation , manufacture, Distribution, Exportation or Sale of wheat flour. J f no written warranty is provided to the ultimate consumer, a warranty nonetheless shall be implied by law and shall be enforceable by the consumer against his or her immediate seller. Signatories· Initia ls: ~ / / Admin istrative Notice MCI o.O I I /07/2017 Pagc8of l4 6.3 Permit for the Importation of Wheat flour No person who intends LO Im port wheat fl our shall do so without having permission as provided in this Section. 6.3.1 Application for Permission to Import An application for permission to import wheat flour shall be made to the MoCI in accordance with Administrative Not ice: MCI/No.002/12/2015, which governs Import Permi t Declarations (IPDs) and any other subsequent regulations governing IPDs that come into force and with the procedures in Appendix I of this Regulation. The IPD procedures stipulated in Appendix I is to ensure that the flour is fortified in accordance with the prescribed standards. 6.3.2 Quality Assurance Every person who Imports, manufactures, packages or repackages, labels, Distributes, Sells, or Exports wheat flour sha ll establish procedures. and carry out activities for Quality Control in accordance with the Regulatory Requirements to ensure that their activities and the wheat flour in their possession or under their control meets those requirements . Upon making an application for permission to lmport, the Importer shall present a Certificate of Analysis for all consignments of wheat !lour to be imported. No wheat flour shall be imported into Liberia without a Certificate of Analysis confinning that the wheat flour meets all Regulatory Requirements. Similarly, all domestic manufacturers of wheat flour shall provide sample(s) to the NSL. No wheat flour manufactured in Liberia sha ll be Distri buted or Sold unless a Certificate of Analysis has been issued by the NSL confirming that the wheat flour meets al l Regulatory Requirements. 6.3.3 Packaging Al l packaged wheat flour shall be packaged in accordance with all applicable Regulatory Requirements in a manner that protects and preserves its composition, quality, purity, hygiene, and safety; protects it from harmful or contaminating substances, agents or effects; and protects its nutritive properties from excessive heat, moisture, and other conditions that may cause adverse effects to such properties. In addition to meeting all applicable Regulatory Requirements, wheat flour shall be packaged in accordance with Codex Alimentari us prescribed requirements. Signatories· Initia ls: /)b: I I Administrative Notice MCI/No.0 I I /07/2017 Page 9 of 14 7.0 INSPECTJON /\ND INVESTIGATIVE POWERS OF THE MINISTRY Authorized Officers shall have the authority to conduct inspections and investigations to determ ine compliance with the Regulatory Requirements. 7.1 lnspections and Investigations 7.1.1 Inspection The Premises and operations of a ll Importers and local manufacturers of wheat flour shall be subject to periodic inspection and Monitoring. 7.1.2 Investigation Any Premises where the wheat fiour is received , held , packaged, labeled, stored, displayed, Distributed, or Sold by any Person shall be subject to an investigation whenever an Authorized Officer has reasonable ground to believe that the wheal flour located in such Premises does not comply with any of the Regulatory Requiremen ts. 7 .1.3 Powers If in the opinion of the MoCI ce,ta in wheat flour is Non-compliant with the Regulatory Requirements, it may take immediate steps to prohibit its Distribution or Sale to consumers or to restrict its use, unti l such Non-compliance is remedied. 8.0 ENFORCEMENT 8.1 Civil Enforcement The MoCT may take a civil administrative enforcement action or may commence a civil action in a court of competent jurisdiction aga inst any person responsible for the Importation, manufacture, packaging, labeling, storage, display, advertisement, Distribution, Sale, or Exportation of wheat flour found , pursuant to this Regulation, not to be or have been in substantial compliance with all provisions of the Regulatory Requirements. Penalties authorized by this Section may be imposed for each substantial violation of the Regulatory Requirements and may be imposed singly or in combination, as follows: a) Imposition ofa civil fine of not less than 25% of the value as shown on a final invoice of the wheat nour in question, taking into account the seriousness of the vio lation, including sca le of production and the potential harm for consumers, whether the same or similar violations have occurred previously, and such other factors as the MoCI deems appropriate. Signatories' Initials: ~ / / Administrative Notice MCI/No.011 /07/20 17 Page 10 of 14 b) 1ssuance of an order to cease and desist from any activity that does not comply with the Regulato ry Requ irements; c) Confiscation and destruction or other disposition of wheat flour that does not meet Regulatory Requirements; d) Business Registration suspension, cancel lation or revocation. Signatories' Initials: ~ / / Administrative Notice MC I/No.O 1l/07/20 17 Page 11 ofl 4 EFFECTIVE DATE This regulation shall take immediate effect upon signing and publication. CLLR. FEDERICK CHERUE MINISTER/ATTORNERY GENERAL R.L. MINISTRY OF .JUSTICE APPROVED BY: MRS. ELLEN JOHNSON SIRLEAF PRESIDENT REPUBLIC OF LIBERIA Signatories' Initials: ~ / / Administrative oticc MC I/No.0 I l /07/2017 Page 12of l4 ANNEX A PROCEDURE FOR T HE IMPORTATION OF WHEAT FLOUR Purpose: Scope: SOP Owner: Review Period : To provide instructions to enhance effective and proper coordination of wheat flour importation procedures at MoCI This Procedure applies to flour import processing ONLY. Technical Operations of Bureau of Trade Services Semi-annually Exceptions to these Instructions: These instructions do not necessarily describe the procedures for trade processes within the entire commerce of Liberia. Those instructions may be found in different SOPs depending on the agencies or locations. , 1.0 INSTRUCTIONS FOR FLOUR IMPORTATION AT MOCI TRADE FACILITATION STATION : 1.1 R ules for Trade Facilitation at MoC I Rule l : A Individua l or Customs Broker can process lPD. Rule 2: MoCI processes documents based on an IPO Regulation and the Administrative Regulation on Wheat flour. Copies are available at the Customer Service Center and online: www.moci.gov.lr Rule 3: Applicants must present legitimate identification e) If it is a registered business, present a photocopy of Business Registration Certificate from Liberia Business Registry f) If it is an individual, prescllt two (2) photocopies of invoice and a copy of passport or an identification card. Signatories' Initials: k I I Administrative Notice MC!/No.01 l/07/2017 Page 13 of 14 g) Applicant must operate in accordance with the Administrative Regulation on Wheat Flour Rule 4 : Applicants rnust present legitimate invoice documentation. If it is a registered business or individual, please present a pro forma invoice and the Packing List. Rule 5: Pro forma invoice should be consistent with act1v1ty mentioned on the Business Registration Certificate with the Liberian Business Registry 2.0 PROCEDURES Step 1: Blank TPD or EPD is collected from MoCI Customer Service Center, BTVAC, National Customs Broker's Office, Liberia Revenue Authority or the Ministry of Finance and Development Planning. Step 2: 1. IPD is filled out and deli vered to the MoCI Customer Service Center 11. IPD is checked in the MoCl Customer Service Center for consistency with the Trade Checklist m. IPD is checked for compliance with the wheat flour conformity assessment from the National Standards Laboratory [Refer to the Certificate of Analysis and fortification requirements in the Ad1nin istrati ve Regulation on Wheat Flour]. 1v. [PD is also presented to the Division of Price Analysis and Marketing Division for price analysis. The analyzed in vo ice and lPD are transmitted to the Director, Division of Trade, after the analysis. Step 3: t. lnvoice and Packing List deli vered to Division of Price Analysis and Marketing Division for veri fication . Valid in voices are analyzed and stamped for processing by the Division of Trade. Valid invoices wi ll have the fol lowing: a) Valid supplier name & address ; Signatories' Initia ls: k I / Administrative Notice MCl/No.0L 1/07/20 17 Page 14of14 b) Valid consignee name and address match ing Business Registration name and address; c) Email address, fax number and te lephone number; d) Price in line with international price quotation(s); e) All invoices must have container size indicated; and t) Signed and stamped by supplier. Step 4: IPDs are checked and signed by relevant authority: a) Wheat flour lPDs are presented in the Bulk Commodity Meeting for approval; b) Importation of wheat flour is approved based on the procedures described in Sections l-3. 3.0 OTHER PROCEDURES: FROM COMMERCE,TO BIVAC TO CUSTOMS/APM TERMINALS . 3.1 If Pre-Shipment Inspection (PSl): 1. Broker collects documents from MoCl Custo1Y1er Service Center; 11. Make payment to the Bank; 111. Submit documents to Bl VAC for processing; 1v. BIV AC issues an inspection number for submission to supplier for inspections; v. BJVAC conducts inspection and submits a clean report of findings; v1. Broker submits document to MoCl for final signature; v11. Proceed to customs for clearing of goods; v111. Customs assess CIF value and may or may not charge additional duty; 1x. Broker pays APM Terminals and NPA fees; x. Goods cleared. 3.2 If Destination Inspection ( DI) : 1. Broker collects documents from MoCl Customer Service Center; 11. Submit documents to BJV AC for verification; 111. Return to MoCI for linal signature; 1v. Broker collects signed document from MoCl Customer Service Center and proceeds to 111V AC for DI form: v. Proceed to customs for clearing of goods; v1. Customs may charge a 10% penalty for first offence DI; 20% for second offence; and 30% fo r th ird offence on your CIE value; v11. Broker pays APM Terminals and NPA fees; vu1. Goods cleared. Signatories' lni1ials: k I I