Overview

The National Fertilizer Quality (Control) Act, 2019 is an Act of the National Assembly of the Federal Republic of Nigeria, enacted on 15th October 2019, to repeal the National Fertilizer Board Act (Cap. N39, LFN, 2004) and the Fertilizer (Control) Act (Cap. F25, LFN, 2004), and provide an improved regulatory framework for the manufacture, importation, sale, and distribution of fertilizer in Nigeria. The Act is structured into several parts. Part I outlines the objectives, which are to safeguard farmers against nutrient deficiencies, adulteration, misleading claims, and short weight, and to protect fertilizer enterprises, contributing to an enabling environment for private sector investment. It mandates that any person carrying out business as a manufacturer, blender, importer, or distributor of fertilizer must obtain a permit or certificate of registration from the Prescribed Authority. Applications must be on a prescribed form, with a non-refundable fee. The Authority must issue permits within 30 days if the applicant is incorporated under the Companies and Allied Matters Act and meets other requirements; however, a permit cannot be issued if the applicant was convicted of an offense under the Act within three years prior. Part II covers prohibited activities, including operating with an expired permit, dealing with fertilizers containing destructive ingredients or harmful properties, conversion or diversion of fertilizer, obstruction of authorized officers, and sale of unbranded or misbranded fertilizer. Part III grants inspection and enforcement powers, including power of entry, display of permits, enforcement, allowable weight variation, and labeling requirements. Part IV lists offenses and penalties, including for manufacturing, importing, or distributing fertilizer without a permit, making false statements, tampering with labels, and adulteration, with fines up to N5,000,000 or imprisonment up to 10 years or both. Part V covers miscellaneous provisions, including the power to make regulations, repeal of old acts, savings and transitional provisions, interpretation, and citation. The Act will be cited as the National Fertilizer Quality (Control) Act, 2019.

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