NAFDAC (Animal Feed Additive Advertisement) Regulations, Statutory Instrument no. 47 of 2024

47 NAFDAC (Animal Feed Additive Advertisement) Regulations, 2024... B993-1001 Extraordinary Federal Republic of Nigeria Official Gazette No. 184 Lagos - 28th October, 2024 Vol. 111 Government Notice No. 52 The following is published as supplement to thi Ga:ellf!: SI No. Short Title 47 NAFDAC (Animal Feed Additive Ad,erti ement) Regulations, 2024 .. 899'-100 I Printed and Published b) Ille Federal GO\ mment Printer. Lag . igl!ria FGP 7 1120241150 Annual ubscription from I I Januar)'. 2024 is Local : NS0.000.00 O-.\;~ : N{)S.000.00 ( ur1ac tail I flS80.000.00 r ccond Clas Air Mnilj. Present i. UI! 3.500 Jl<!r cop). ub ·rihers \\ho "ish to obtain ,a: tti after I t January should apply lo the: Federal Go\cmm~nt Printer. l ago.., for amended .'.'ul>M:riplion l. RR <,I 11: 1 or Rr ,UI Af'I0N, I I ORJICTIVL AND APPLICATION F DVl RTISl;MF T, NON-REFFRl:NTIAL ADVFRETISfMf..NT, t l R. r PPl IC', no V ,\UOITY or APPROVAL, ALTERAfl0N IN APPROVl::D Ao. 'RlrEMF I MATFRIAL, ALTFRATI0N, WITHDRAWAL' ETC. tur ad\ erti ement n-ref; r ntial ad ertisement Parti ular of application ' lid it) of appro al lterati n to appro ed Ad ertisement material 'ithdra at of approval fi nc to professional body or association, etc. I d rti m nt not to prejudice public confidence 11. uti non ad erti ment of animal feed additive 1 irl di p rag omp tition ., , ding ~ompari ·on • f fi arch findings • d lit r tur I B 99 B 995 . I. No. 47 of 2024 NAFDAC (ANIMAL FEED ADDITIVE ADVERTISEMENT) REGULATIONS, 2024 [ 16th Day of Ocloht!r, 2024 J < urnmcm:c• Inc crci c oft he powers conferred on the Governing Council of the National Agency for Food and Drug Administration and Control ("the Covcrnlng Council") b section 30 of the National Agency for Food and Drug Administrntion und ontrol Acl, ap. NI, LFN, 2004 nnd section 12 of the Food, Drugs nnd Rcluted Proc.Jucl'i (Rcgi,trution, Etc.) Act, Cop. F33. LFN, 2004 and all other powers cnnhling it in thnt hchnlf, th£• Governing Council, with the approval of the Mlnl,tcr, mnkc, the following Regulaeions - PA!n I - o,mrnv, ANI> APPi IC'AI ION J. These Regulations provide rcgu lnlor I n11m·wur"- I or I he oh1cc1iH: advertisement of Animal Feed Additives mnntllncturl'cl, imported, c ported, advertised, sold, distributed, and used in Nigcrin. 2. The Regulations shall apply to all nchcrt1scmc11t.; of animal feed /\ppl1ca1ion additives, manufncturcd, imported, distributed. sold or ust·cl in Nigeria. PARI II NMtHu or /\1>v11n1s1 Ml N 1, NoN-R1111<1 N 11 \I A1>v11<1 ll"il Ml N 1, PAlfflCIJI ARS OI APl 11 IC'AIION VAi IDI IV OI /\Pl'IH>VAI, /\111 RAIION IN /\1'11ROVI I> ADVI RIISI Ml NI MMI RIAL, Al II RAIION, W11111>RAWAI, I.IC. 3. ( l) Advcrtisem<.·nts of animal feed ndditivcs shall be complete. Nuturc of accurate, clear and d signed to promote crcdibilit}' nnd trust by the general ndvcr1iscmcn1 public. (2) Statements or illustration contained on the pncJ..nging shall not mislead directly or indirectly. 4. AdvcrtL cment of any animal feed additives shall not (a) imitate the general layout, text, slogan orvisunl flf •s ntntion ord vice of other animal feed additive in a way likely to mislcnd or confuse the consumer; or (b) be framed in such a mann r as to c ploit uny superstitions or be calculated to induce fear among consumers causing them to purchase th animal feed additive advertised. 5.-{ J) Advcrti cment material including script,. sto,y-boards, art work, radio cript and other advertisement material shall be submitted along with an application in a manner as may be pre cribcd by the Agency. (2) An application submitted by an advertising ng nt. distributor manufacturer or the. ponsor of the advert shnll confnin the following - {u) th hrand name of the animal foed ndditivc. if un : Non- rc:lc:ren1ial odwrti rnenl Punicular· of application 8 6 h pla t 11np rtat, n or local manufacturer; (c) the name and addre of the manufacturer; d) the name and add re of the local d istri bu tor; e) the name and addre of the advertising company; ({) the date of fir t introduction of the animal feed additive to the 1genan market. for new products· ) mfonnation about any previous advertisement of the animal feed additive in igeria, where necessary; (h) the proposed media of the advertisement; (i) e idence of pennit granted by the Agency· (1 a justification for any special claims on the animal feed additi e: (k) scripts and recordings; and ([) such other materials as may be required by the Agency from time to time. (3) Materials submitted under these Regulations shall be authenticated by the Chief Executive or appropriate technical person of the animal feed additive company sponsoring the advertisement. alidity of 6.--( I) The approval of an advertisement shall be valid for a period of approval one year at first instance from the date of approval any may be renewed. (2) Subsequent advertisement applications shall be valid for two years provided no alteration is made and conditions of renewal remain the same. (3) Notwithstanding the provisions of subregulation (I) of this regulatio~ consumer promotions shall have validity of 15 weeks. Alteration to 7. Any alteration in the fonnat of the approved script or recording without approved the approval of the Agency shall render the approval invalid. Advertiscrrent material Withdrawal of approval Reference to profes ional body or association, etc. 8. The Agency may withdraw the approval for an advertisement of animal feed additives, where - (a) the grounds on which the approval is granted was later found to be false or incomplete; (b) any of the conditions under which the approval wa granted ha been contravened; or (c) there is a new scientific evidence against claims contained in the advertisement. 9. The label of an animal feed additive shall not refer or lay claim to an endorsement directly or indirectly, to a profes ional body or association, except as prescribed by the Agency. animnl 'd, dditivc in m oner th t di rcput r pr 'Judi public confidence in the 11. nimal additi cad rti cmcnt hall depict in writing or pictorial uti 1 that th animal fi d additi e - , n t t b ing ted~ and hall be kept ut f rea h of hildrcn. 1 . d rti cm nt hall not unfairly disparage any company of its mp titi e pr duct either directly or indirect! . confidence u i non advertisement of imal feed additive nfairl disparage competition 3.-{ 1) n ad ertisement shall not contain - Restriction a) fal e or misleading information; (b} inadequate qualification and limitation regarding the safety or ffecti eness of the animal feed additive; ( c) ague or unsubstantiated statement or suggestion of superiority over competing product· (d) false impression that the advertised animal feed additive is for universal purpose or regarded as a more effective and safer alternative to other animal feed additive in the same category; (e} such word as "magic" "miracle" or description such as .. upper potency or any other words as to induce the daily or continuous use of the animal feed additive; (f) a message that if the reader, viewer or listener does not u e a partfoular animal feed additive, the animal may not grow effectively; (g) disparage or attack unfairly any competitive animal feed additive; and (h) any statement claiming or implying a superlative function uch a ost ective 'least toxic, "best tolerated" or other specials statu e cept uch claim as been scientifically proven. 2 Adv rtisement shall contain information that i reliable, accurate, tnlthltul, in ormative, balanced and can be ubstantiated. ~dv ~isement shal! not b~ impli ation, omis ion, ambiguity or CXJll&lie,lllll n, ma lead or ~ec ave or hkely to abu e the tru t of ore ploit the wl dg , exp rt nee the myth or fear in th consumer. 4. 1) Animal feed additive dverti em nt hall not contain mislead· compari on directly or indirectly. mg (2) omparison in animal feed additive advertisement shall be su rted by verifiable current data. ppo ~ curate interpretation of research findings Content of scientific articles and literature Product launch and press release Claims R ~ r n, t a c mpetitive manufacturer or its specialties in an ad, rti: m nt hall be re tricted to factual comparison without the use of id ntifiable regulat d pr duct or brand name. 4 Data illu ~trations including charts and graphs. tables extracted from reft rence tudie or other sources or reproduced by art work, presented in an adverti ement, hall- a) be a curate, complete and clear, with their source specifically identified: (b) not be misleading or ambiguous or distort the original intended meaning or interpretation either directly or indirectly. 15.-( 1) Advertisement materials including scripts, story-boards, art work radio scripts and any other advertisement material for animal feed additives shall be written as to accurately interpret valid and representative research findings. (2) Statistics in an advertisement of animal feed additives shall be written as to reflect only their true validity and significance. (3) Any claim or quotation from a scientific literature concerning the efficacy, safety and adverse reaction, or any of such precautionary statements with the constraints of the accepted products monograph, shall specify the scientific source of claim or quotation. (4) Copy of any reference cited by an applicant or in the advertisement of animal feed additives shall be provided to the Agency for verification. 16. A claim or quotation - (a) from scientific article or literature shall contain both the negative and positive findings and that is verifiable by the Agency~ and (b) selected from a scientific article or series of articles which emphasi e only the positive features while ignoring negative findings, shall not be acceptable. 17. Product ]aunch materials or press release of animal feed additive shal I be as approved by the Agency. 18.-( I) Claims for animal feed additives shall be ubstantiated before approval. (2) Superior claims may be used only when a product proves to be superior to an identified comparator or to al I products in same category through trial. (3) Top parity claims and 'Natural claims· may be permitted provid d they are adequately substantiated through trial. II d liti r impl in uarant ed r i1 lJ 1., in up rl ti fun i n uch u h tat m nt. for nimal fe d addi ive uh tantiated thr u h trial. hall n t he all d in animal feed additive nimal feed additi e adverti ement shall be an b adequate! ub tantiated through trial. t t m nt r lating to content such a ·contains x· shall be n hall n t make an claim - t a rt. impl r on e the impression as to the suitability of an nimal ~ d additi, for u e in the prevention, alleviation, management, ·r atm nt r ur fadi ease disorderorphysiologicalcondition; l that an animal feed additive contains a particular value, when that alue i ~ not\ holl contributed by the animal feed additive, but it is partial!. ontributed by other animal feed additive with which it may be n urned: and ) to de cribe an animal feed additive as 'healthy' claims that encourage r ondone e cessive consumption of any feed additive by the animals hall not be allowed. 19.--{ I) Any copy of advertisement shall be written as to accurately intelJ)ret alid and representative research findings. (2) Statistics in an advertisement shall be written to reflect only their true alidity and significance. 20. A person shall not advertise animal feed additive unless - (a) animal feed additive has been granted permit by the Agency; and ( b) the advertisement material has been approved by the Agency. PART Ill - OFFENCES AND PENALTIES B 999 Interpretation of research findings Prohibition 21.--( I) A person who contravenes any of the provisions of the e Offenc • and R~gulations commits an offence and is liable on conviction, in the ca e of- Penaltie (a) an individual, to imprisonment for a tenn not exceeding one year or to a fine not exceeding NS00,000 or both; and (h) a body corporate, to a fine not exceeding NS,000,000. B 1000 Forfeiture after con iction Enforcement of these Regulations lnterpreta1ion (2) Whcr an offl n , under the. c Regulations i ommitted by a body orp rate, firm r any other as. ociation of individual , every (a) director, manager, . ccrctary or other imilar officer of the body rporate: (h) partner or oificer of the firm; ( ) tru tee of the bod concerned; (d) person on erned in the management of the affairs of the a ociation~ or (e) per on who purports lo act in a capacity referred to in paragraphs (a) to (d) of this regulation, is liable to be proceeded against and be punished for the offence and in the same manner as if the person committed the offence, unless the person proves that the act or omission constituting the offence took place without his knowledge, consent or connivance. 22.--( 1) A person convicted of an offence under these Regulations shall forfeit to the Federal Government - (a) any asset or property constituting proceeds derived from or obtained, directly or indirectly, from the offence; and (b) any of the person's property or instruments used in any manner to commit or to facilitate the commission of the offence. (2) In this regulation, "proceeds" means any property derived or obtained directly or indirectly, through the commission of the offence. PART IV - MISCELLANEOUS 23. The Agency is exclusively responsible for the enforcement of these Regulations. 24. In these regulations, "Address" means where the business of manufacture, sale, distribution .. storage or display of animal feed additive is carried out which include the house number, plot number, street name, Town or City. State, Country; "Advertisement" means a form of communication through the media about products, services or ideas paid for by an identified ponsor, to encourage, persuade or manipulate an audience viewers, readers or listeners. to continue with or take some new action; "Advertising" means the pub I icity of goods and description of all products which includes any form of notices in circulars, handouts, labels, wrapper\ catalogues and price lists, bill boards, posters, newspaper , magazine , digital and social media, and any other documents, made orally, online or oth rwise or by means of projected light and sound recordings~ HAgencv • means the National Agency for Food and Drug Administration and ontrol (NAFDA ,); ''Animal Feed Additive" means any intentionally added ingredient not nom1all consumed as feed by itself, whether or not it has nutritional value, which affects the characteristics of feed or animal products; "Claim'' means any representation which states, suggests or implies that the cosmetic product has particular qualities relating to its origin, nature, proce sing, composition or any other quality; "Labef' means any tag, brand, mark, pictorial or other descriptive matter, , ritten, printed, stenciled, marked, embossed or impressed on, or attached to a package or container of animal feed additive; and ··Triaf' means science-based product evaluation to ascertain the claim pronounced on the product. 25. These Regulations may be cited as the Animal feed additives Citation Advertisement Regulation, 2024. MADE at Abuja this 16th day of October, 2024. MUHAMMAD Au PATE, CON Coordinating Minister of Health and Social Welfare B JOOJ