Regulation for the Feed Milling Industry in Nigeria, 2017

Federal Republic of Nigeria Official Gazette N o . 13 7 .,.:L::.a::.!g:?.:o:.:s -...:1:.::5~th=--D e c em b e....;.r, 2 0 1 7 V o l . 10 4 ~ Government Notice No. 138 The following is published as supplement to this Gazette : S.1 No. Short Title 21 Regulation for the Feed Milling Industry in Nigeria, 2017 .. Printed and Published by The Federal Government Printer, Lagos, Nigeria FGP 13 5/ 1220 I 7 /200 Page B753-759 Annual Subscription from I st January, 2017 is Local : N25,000.00 Overseas : N37,500.00 [Surface Mail} ~9,500.00 [Second Class Air Mail]. Present issue Nl ,000.00 per copy. Subscribers who wish to obtain Ga:ette after 1st January should apply to the Federal Government Printer. Lagos for amended Subscriptions. S, I, N, ~ I ot' JO I tO,',H ll ,.,,noN ll'OU ·1111,: ,,·1,:1110 1\111,1.INU INIHl~'l'U\I IN NHHi:141/\• I OI '! lu t\\t11\' l•-, ,lt th\l th)W"'' ,,,m~1"'1't•1I on thq ( Jo\lel'lalnat C-'oundl of t'-t N,~,•1hrn h,•tlhH,1 ,.\f Anim111 s,'"'''''" (NI/\N) hy N~'1th)IHJ 2 ""'' J1 \\t' Nl~~•1tU\ ln;.llh,C" , ... Anio-.,1 N,'"''"'~ A,•14 .,. lime1hlNI 1HH.I or nil the I\\'"~•· "''h,hHu» h ln th,H lwhulf4 '"" Chw.,rnloll ( ·vo•"'" nr 1he Nli\'1·hu1 lnuituct ot' Anh''"' Sdtah' \\ with tht 1\p1n·o,,,,1 ur 11,e Mlnbter ur A~"'"""'"-., 1111,I Hu"" I U\'\'~101,mtnt htr\lhy m,, ''"" the J'ollow I Iii Ne•~ u IM c h\t\~, P\~f l l'~, ~llill : TM~ •~~~~11~, k " s Q" 'l\,: Scope. tl) Fn~hlc l.h~~h'"" t>n,du~~1· w A<hlovQ cx,,c..:ttd lciv~ls or ~rt l'm~n\' h~ \t~lh Ql'h,~ t\'-~ I \)f\•,,1,5l,tC'1H 11ic <.'1~1 q\1nlhy tti Anh"rtls. ) Pf\, l'('\'t th~ I l~lth uf the lh1ma11 ~,:'n lH"~'' of t't,eid l ,·oducts derived fl\,m l~h'QSt\.)~~ : ( ) n u," th~ \.V~llt.'tintt \)fl.l e"t ~k .. (·O En",11-cth~ l\Ot~~ \.lff'u:\d t\w Uui"o,, ~o,,,u•"t)tio,, t:h1·c1ug;h ndhtl'ence t\~ G ~xi l im~ I FC('\ih,~ Prt\ct Ii;~ durh,~ th\1 1,\11 htlse, MoM't\ct1.u·ii,p,. Hn1,d ling. )t<'rns.e, Pt\)C~ • inj, li·nn port Ii,~ tmd ·ote of f'otd. (S) En u,-e di "tri~~nl~' ofqu~lity imh"nl ft~d nnd 1~td i1,i1·tditnts fro,,, foc-d-mill to t'arm level; tmd ( ) Ensure thM tlve tt' k I'),. d\lc~r mnrktt 1t)Od prod1.1d1,g Animal Produ1.tS th~t lll('Ct Nt1ti~nal ftnd lntc-rnatlo,,al StAndtU'dS. l. This Re~ul~ti◊n oin, , ttm(,ns '-'t'htrs, to (I) Ensure complian1;:e by the Gcntrnl Publii. tmd l:;-ecd Busi,,ess operators•; (2) En "lH'C thit ~II Opt1·mors use 01,ly ing,·cditnts Ii ttd nnd approved by the Institute for the- Mnnufocture of Fe('d ; (3) Ensure th{lt Anit,,al Produ1.t in Nigtrin conform to International ' Bcnchm~u·ks c:.m Animal Feed ufrty; (4) Ensure and pt\)mote 1..kli\'try of wh"'1lesome Livestock Products and by-Products ; Alms nnd Ob.\ectives • B 754 Registrntion of Feed Business Entity . Prohibition of Unregistered Feed Business Engagement of an Animal Scientist by a Feed Mill. Facility Planning and Control. PART II-PREMISES REGISTRATION 3. No Person shall submit Application for the Registration of a Feed Business entity unless the Business entity is set up in accordance with established Guidelines prescribed by the Institute; 4. As from the commencement of this Regulation : (l) No Person shall operate a Business of Manufacturing, Importatio~, Exportation,Advertisement, Sale or Distribution of Feed in Nigeria un~ess h ,s Feed Business entity and premises have been registered by the Institute m accordance with the provisions of this Regulation. (2) No Person shall market in Nigeria any Animal Feed that is not Manufactured or Formulated in an Establishment acceptable and approved by the Institute. (3) As from the commencement of this Regulation, no Feed shall be Manufactured, Formulated, Imported, Exported, Advertised, Sold or Distributed in Nigeria unless the premises where it is being Manufactured, Distributed or Sold has been registered by the Institute in accordance with the provisions of this Regulation. 5.-(1) Every Feed Business Entity in Nigeria shall have in its employment, either permanently or on part time, at least one Registered Animal Scientist as a Technical Officer supervising the operation of the Mill; (2) The Curriculum Vitae of such Officer shall form Part of the Documents to be submi:tted for Registration ; and (3) Where a Feed Business Entity operates without enlisting the Technical Service ofan Animal Scientist, a:11 the Directors and the Managers of the Feed Mill shall be taken to have committed the offence of impersonation of an Animal Scientist and may be proceeded against in accordance with the provision of Section l 9(c) ofNIAS (Amendment) Act, 2015. PART III - FEEDMILL OPERATION 6. Every Feed Mill shall (i) Have a Documented Plan ; . (ii) ~e located away from Polluted Areas prone to flooding, pest mfestat1011 and presence of wastes ; (iii) Work plan in the Feed MiH should be in a unidirectional flow pattern; (iv) Be located not less than 200 Meters from a Livestock Production Area of the Farm in the case of On-Farm Mill. 7.-( I) Buildings shall have adequate space and lighting. (2) Building, Equipment nnd Grounds shall be adequately and routinely maintained. (3) All Equipment shal I be regularly calibrated for accuracy. (4) All Equipment shall be well designed and accurate for its intended use. (5) Transportation, Warehousing and Retailing of Feed shall be according to relevant guidelines of the Institute. 8.-( I) No Feed Business Entity shall use any Feed Ingredient not listed in the current listing of approved Feed Ingredients for feed in Nigeria released by the Institute. . (2) All in-coming Raw Materials shall be tested for quality by the Quality Assurance Department and records maintained. B 755 Infrastructure Building. Equipment · and Grounds. Ingredient Purchasing Process and Controls . 9. Every Feed Business Entity shall Record of I , · I R~ (a) Keep a Record of the (?riiin, Date of Receipt and Quantities of Materials each Raw Materials received ; and Received. (b) Maintain a record of result of samples of incoming raw materials to ensure compliance with contract specifications and quality standard. 10.--{ I) Feed Business Entitles shall Establish a Procedure to Monitor Manufactu the Manufacturing Processes. ring Process. (2) Feed Business Entities shall have minimum Good Manufacturing Practices (GMP) in place. · ' \ (3) Feed Safety Policy shall be defined, reviewed and implemented by Top Management ,of the Feed Mill and communicated to each employee. ( 4) Each Personnel shall have access to relevant Documents for control procedures. .,., , ., (5) Monitoring Procedures shall be established to evaluate incoming Raw Materials and Finished Products. · (6) Assays shall be performed for each batch of Raw Materials and Finished Products and copies filed for inspection purposes. 11.-{I) Raw Materials/Finished Products shall be properly packaged and lab.eled for traceability and other Label Regulatory Requirements. · (2) Procedures for Product Traceability as required by the NIAS Minimum Operating Standard for the Feed Milling Industry shall be documented and implemented. Identification and Traceability. ('uSl\llll\"l' R1.•ht1cJ PC\>\ 'c'SSCS. Control of Non• C'ontbnnh\i Pn>duc1s Human R~SOUl\'C's/ Trainin,. Penalty. 12.-( 1) P,·,,~.h•~t SP~'-•itkfttl"'"1 h"ll t~ \1~'11\<'\t ,,l1hlu Af'l't W\"\t st,mda1\b, (2) l~rt~,nall\'-' li \'aluiul,'l, t\'l'm ""'' ( ' ust, m~, ' l \,m1 '"'"' I \ i·m h~ll be- kt"pt to rnh~nce- u ·t,,mtn. tr<,f Nl"' ~. IJ. Pl\"'-'('(iut\' "' "'''l"l\'I N,~, • \ 'l,t\\l'm '~ 1'- ""'"'" ~h'-'"M '"'' <'~t"bl,,h~I and lmplc-mcoted. l4.-( I) Eve-ry f'('(ld nu inc-ss ~ntity : h all m~ inc.-. n n l~ "'umtnt st111,,.. the Jo~ Description ·. Rr. fX"'' ,~ihties and s~1II · ,,r ,t~ l mpk,) ~s. (2)AII ~rwnnel in th., rmpl~ymc-nt ~f Fffi1 Uu in~~- t ntlt i~s sh4'11 ~ properly trained in Standard Opc-.-.th~ Pt'<'Ctdtu't's ( Sc. l~ ·} ~"r •~stt'i~tt\1 nrtii , and avoid contaminatioo or a.rry • o,"e'r from h,1trn@I '-'r l~\t<'t'tMI s,,m\'~ ·. ())All Technical and Operation Statfin the ·n~pk')'mcnt t,f t·~t Uusin~s Entities shall be made to undtfiO fuinit)$S presc-r1~d b)' the ln ' tttutt, (4) Every f~ Business Entity shall h4,-e its Qu~Hty Assurnn~c Unit Supervised by a Rtgisttttd Animal SC'ie-ntist. PArtT IV l~-( I) A Pc?rson who contravc-~s a provision of this Rr~uliti\,n is Guilty of an Offence and Liabl" oo Conviction:• (a) In the case of an Individual, to a fine- not "xett-Jil~ N-50.t)(.)0.00 fur first offe-nders aod NI 00~000.00 for substq\lfflt otft-ndtrs or t\'1 impriS\,nn,~nt for a ttnn not excttding 12 Mooths or both tlne- and impris( nmtnt ~ tmJ (b) Jn the case ofa Booy Corpora~. to a Fine not e.~~in~ N-.. 5().000.c)l) for the first otlence and ~ l .000~000.00 tbr subsc-qutnt offt"tes up to a maximum ofthrtt onc-nc-es after ,,hkh the- Fec-d Busin~ ~ Entity sh~ll ~ sealed for further investigation. (c) In the case of a st\'e'~ offtn~ and infraction on th~ provisi~ns as set out in this Regul~tion. the Fffii Busin,ss Entity sh~II be sc--31«1 t~)r tht period it takes for an investigation to be coodu~ltd. (2) Whe~ the otTc-ndtr or one of tht offendtrs is an Anim~I Sdtmist. the Provision of Part V of Nigtria.n Institute f Anim~I Sd<-ncc Act, (:\S amendc-d) on Professional Discipline- sh"II ~ applic:lblc- tc\ him \lr h('r, (3) Whef"~ the offc-nce under this R~iulition is rommittro by a Body Corporate or Firm or othc-r Association of lnJi idu Is. ~,~ry :• (a) Director. Manager. Scctttary or oth('r Simil~r Otla('er \)f th(' B()Jy Corporate; B 757 (b) Partner or Officer of the Firm; (c) Trustee of the Body concerned; (d) Person concerned in the Management of the affairs of the Association; or (e) Person who was purporting to Act in a capacity referred to in this paragraph. Is jointly guilty of that offence and liable to be proceeded against and punished for that offence. 16.-( I) "Agrochemicaf' is any Chemical used in Farming especially Definitions. for Pest Control, Crop Nutrition and Soil Amendment. (2) ··Batch Number,, is the number assigned to all the quantity of finished products produced in a single production run to distinguish it from another production run. (3) "'Feed Business Entity" includes Manufacturers and Sellers of Feeds, Vitamin/Mineral Pre-Mixtures, Pre-Biotics, Pro-Biotics, Symbiotics, Emulsifiers, Stabilizers, GellingAgents, Toxin Binders,Antioxidants, Egg yolk Colourants, and any other activity along the Feed Delivery Chain. (4) "Commercial Feed Millers" means any Person or Organization that produces Feed in a branded bag and sells directly or through distributors to the end users and also refers to Feed Plants with a minimum of l to 5 tons per hour installed capacity. (5) '"Contamination" means the introduction or occurrence of a contaminant in feed or food or the Feed or Food Environment. (6) "'Control Measure" is any action and activity that can be used to prevent or eliminate a Feed/Food Safety Hazard or reduce it to an acceptable level. (7) "Equipment" These are solid things needed for the production process in the Feed Mill. They include but not limited to Mixer, Hammer Mill, Weighing Scales. (8) "Feed' is any single or multiple Materials, whether processed, semi processed or raw, which is intended to be fed directly to Food-Producing Animals. (9) "Feed Formulation" This is the art of combining different Feed Ingredients together to meet the Nutrient Requirements of the Animal. ( I 0) ''Feed Ingredient" is a component part or constituent of any combination or mixture making up a Feed, whether or not it has a nutritional value in the Animars Diet, including Feed Additives. (11) "'Feed milf' for the purposes of this Regulation, means Commercial Feed Mill, Industrial Feed Mill and On-Farm Feed Mill of a Mechanized Farm. B 758 . d 11 conditions and measures necessary to (12) ·'Feed Safety'~ tn~I~ es :feed at all stages of the Feed Production ensure the safety and su1tabiltty 0 chain. • · d. · • 1 Chemical or Physical Agent m, or con 1t1on ( 13) "Hazard" is a Biolog1ca ' I to cause an adverse health effect. of Feed or Food with the potentia . . ' . . .11 ,, means any Person or Orga111zat1on that (14) ·'Jnd~strtal Feed Mr e::d sells directly or through Distributors to produces Feed ma branded bag •th a minimum of five (5) Tons the end users and also refers to Feed Plants wt per hour installed capacity. . . . . . f PI t Animal or Aquatic Ongm, or other ( 15) ·'/ngredrents" are o an , Organic or Inorganic Substances. . ( l 6) "Inspection" This is the act of looking closely at F~ed Mill to ens~re d d re accepted tn the production that regulations are obeyed and that stan ar s a process. (17) "'Labelled for Traceability" inc.ludes producti on co~es, batch number, manufacturer~s address, best before date, list of mgredients used, batch number and other label regulatory requirements. ' (18) "Medicated Feed'' is any Feed which contains Veterinary Drugs. ( 19) ''Mixer Efficiency" This is the adequacy of a Mixer in rendering a Homogenous Product within a stated period. It is determined by testing samples from various portions of a Freshly Mixed Batch of Feed for difference in Physical Properties. (20) "NIAS" means Nigerian Institute of Animal Science (21) "'Operator" means every Person engaged in the Busi1'less or Practice as operations of Commercial Animal rearing, Commercial Feed Miller, General Feed Miller, Toll and On-Farm Millers; and Feed Business Operator of whatever form. (22) "Pallet" is a portable platform used for storage or moving of materials and packages. · (23) "Production" All Operations of Receipt of Materials, Product.ion, P~ck~gin~, Repackagi ng, Labelling, Relabeling, Control, Release, Storage and D1stnbut1on of Prem1xtures, Compound Feed and Medicated Feed and the related controls. . (24! "Qu~lity Contr~f' is a system based upon sampling and testing, with the mte~t1on of ensurmg compliance with specification -and identifying f!On-conformmg products. ,. , ,., . , .. (25) "R:4S' means Registered Animal Scien:tist. · " 11 ) ·, : t- r , .. (26! "~, Materiaf' are all Materials us~d for Manufacturing, Processing or Blendmg mto Feed Ingredients. • · 1 , . (. "'· ' t-li (" 7) ··Risk" A fl ~ . ~ • 11:c11on of the probahllhy ol @11 u<Jv r I, 11111, 1rfl • 1111,4 the seventy of thnt eflect, eonseq11e11tl11I too hQ,m,lfo) 111 11,o<J, ( 2 8 ) "T rnce 11 h l II ty /Product trnc In(' Th" 6 h I I hy to fo llow f I I(: ""'.v .,,, ' 11 o~ f~ed or food throush specllled ta11cM of r>roduetl1111, pmci:~111~ Hild d 1stnhut 1011. (29) "lnstit111e" means the 'Nigerian Jn titute of A11irnal Scituu,. This Reg11l11tio11 111uy be cited as the lk ulation for the l't:«l Mi ll iug Industry in Nigeria 2017, MADE at Abuja this 12th day of December, 20 J 7, GC)Vl·:HNIN(i <.:<>I JN~IL NIJ.(erl"n ln.Hltute! of AnlnuJ/ Sclvn,·1t,