Overview

The National Agency for Food and Drug Administration and Control Act establishes the National Agency for Food and Drug Administration and Control (NAFDAC) to regulate and control the importation, exportation, manufacture, advertisement, distribution, sale, and use of food, drugs, cosmetics, medical devices, bottled water, and chemicals in Nigeria. The Act is divided into six parts and includes schedules covering supplementary provisions on the Council and Agency, and transitional provisions for employees, assets, and liabilities from the former Food and Drugs Administration and Control Department. Part I establishes NAFDAC as a body corporate with perpetual succession and a common seal, capable of suing and being sued. It also creates a Governing Council comprising a chairman appointed by the President on the recommendation of the Minister, the Permanent Secretary of the Federal Ministry of Health, the Director and Chief Executive of the National Institute for Pharmaceutical Research and Development, the Director-General of the Standards Organisation of Nigeria, the chairman of the National Drug Law Enforcement Agency, the chairman of the Pharmacists Board of Nigeria, representatives from the Pharmaceutical Group and Food Beverages Group of the Manufacturers Association of Nigeria, the Director-General of NAFDAC, and three public interest representatives appointed by the Minister. The Council members serve terms as specified, with provisions for removal from office. Part II outlines the functions of the Agency, which include regulating food, drugs, cosmetics, medical devices, bottled water, and chemicals; ensuring compliance with standards; and advising the government. The Council sets policies and oversees the Agency's activities, while the Minister can give directives. Part III details the Agency's structure, which includes departments for administration, finance, food regulation, drug regulation, and others. Part IV covers staff appointments, including the Director-General appointed by the President, pensions, and discipline procedures for senior and junior staff. Part V addresses financial provisions: the Agency's fund derived from government allocations, fees, gifts, and loans; expenditure rules; tax exemptions; annual estimates; accounts and audit requirements; and annual reports to the Minister. Part VI includes miscellaneous provisions such as offices, borrowing powers, acceptance of gifts, entry into premises for inspections, offences and penalties, legal proceedings, ministerial directives, dissolution of the former Food and Drug Administration and Control Department, regulation-making powers, and interpretation. The Act was passed in 1993, with commencement on October 1, 1992.

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