A Review of the National Food Safety and Quality Bill 2022

CONTRIBUTED BY TOBENNA MOGBO

INTRODUCTION

In Nigeria, food safety remains a critical issue, with the rise in the rate of food adulteration, contamination, illegal trading, misbranding, etc.^[1] Recent studies show that about 200,000 people die annually from food-related causes and this is owing to several factors including poor operational practices, a weak regulatory framework, limited awareness of food safety, etc.^[2]

The National Food Safety and Quality Bill 2022 was made to protect consumers’ health from hazards that may be present in food and animal feed. It outlines general principles for the official control of food and feed safety, as well as the obligations of food and feed business operators. Additionally, it defines the functions and powers of federal and state institutions to ensure food and feed safety risks are effectively managed and available food meets the standards and expectations of the consumer, with regards to the nature, substance and quality.^[3]

The Bill which is yet to receive presidential assent, was made to apply to all stages of the production, packaging, storage, distribution, and other commercial activities related to food and feed safety which affects the health of consumers.^[4]

This article will examine the salient provisions of the Bill while highlighting issues and challenges that may be associated with it and making recommendations to address same.

AN OVERVIEW OF THE NATIONAL FOOD SAFETY AND QUALITY BILL 2022

Achieving food safety, thereby safeguarding life and health in the nation, requires a high level of protective measures to be made and implemented. The National Food Safety Bill 2024 makes extensive provisions in this regard, which will be considered anon.

To begin with, the Bill provides certain fundamental principles of food safety which include, among others:

1. Food and feed safety measures must be based on an adequate assessment of the available scientific evidence in relation to safety risks.^[5]
2. There must be transparent communication of timely, reliable, independent, objective and comprehensible information on food and feed perils and other connected risks to all relevant stakeholders including consumers, food and feed business operators, government authorities, etc.^[6]
3. Effective, equitable and proportionate measures, which take into consideration the scientific assessment of risk must be taken in combatting, either for the reduction or elimination of health risks in food consumption. ^[7] Such measures must be taken at the most effective point in the food supply chain.^[8]
4. In the event of a scientific uncertainty as to the existence or extent of health hazards, but rather a possibility of same, precautionary measures may be put in place to eliminate or reduce such possibility. Such measures must however not be for a prolonged period of time or hinder internal or external trade except to a necessary extent.^[9]
5. Risk management measures must be developed in a transparent manner, taking into consideration the opinion of all relevant stakeholders and the general public must be informed of any safety risks depending on the nature.^[10]

It further outlines food safety and quality requirements,^[11] emphasizing the responsibility of food business operators to ensure that the food placed on the market meets the expected nature, substance, and quality.^[12] Moreover, the Minister for Health, in consultation with the National Food Safety Council, is empowered to make regulations to prevent fraudulent or deceptive practices, adulteration of food, and other practices that may mislead consumers.^[13] These regulations will aim to protect the economic interests of consumers and enable them to make informed choices about the foods they consume. In addition, the regulations may refer to Nigerian Standards adopted under the Standards Organisation of Nigeria Bill^[14] and the provisions may encompass a wide range of aspects related to food safety, including the regulation of novel foods, traceability systems, labelling and advertising of food, official controls to ensure compliance, and conditions and procedures for registration and licensing, among others.^[15]

It further addresses official control of the safety of food and feed, detailing general principles of inspection, content of inspection, health and hygiene inspection of persons in contact with food, sampling for laboratory analysis, and the annual food safety control plan and report.^[16] It further covers the control of imported and exported food and feed, as well as the establishment, composition, and functions of the National Food Safety Council and the National Food Safety Management Committee.^[17]

Additionally, the Bill provides for the nomination of official testing laboratories and reference laboratories,^[18] as well as emergency measures for ensuring the safety of food and feed, including a general plan for crisis management.^[19] It also establishes the powers and responsibilities of competent authorities, including the authorization of officers and the powers granted to them, along with confidentiality provisions.^[20] The Bill also includes provisions for scientific sub-committees and scientific opinions, as well as fees and expenses related to the implementation of the Bill.^[21]

Offences, Penalties, and the Jurisdiction of the Court

The Bill proscribes a contravention of the provisions of the Bill or such regulations as may be made under it and provides a penalty of a maximum of ₦1,000,000 (One Million Naira) or imprisonment for a term not exceeding one year or both.^[22] Moreover, an obstruction of lawful duties of an authorized officer attracts a penalty not exceeding ₦2,000,000 (Two Million Naira) or imprisonment for two years or both.^[23]

Finally, where it is found that an offence has been committed by a body corporate whether or not with the consent, connivance, or negligence of a principal officer, such body corporate is liable to a fine not exceeding the sum of ₦20,000,000 while the conniving, consenting or negligent officer will be liable to a maximum of ₦2,000,000 fine.^[24] In a bid for negligence, however, a defence of due diligence may avail such person or persons as may be charged.^[25]

The Federal High Court, the High Court of the states, the FCT, as well as the Magistrate Courts, are vested with jurisdiction to try offences under the Bill.^[26]

Moreover, appeals may be lodged from the administrative decisions of any competent authority relating to compliance or otherwise with the requirements of the Bill, made under the Bill. Such appeal is to be filed to the Magistrate Court within 7 days of the decision by the relevant authority.^[27]

Implementation Strategies of the Bill.

The Bill is to be implemented by the Federal, State, and local governments. It thus provides for competent federal authorities saddled with responsibility for the conduct of risk analysis, communication, and management or official controls concerning food and feed safety^[28] and further encourages states and local governments to nominate competent authorities primarily responsible for managing food or feed safety conditions within their jurisdiction.^[29] Upon enactment, States are also charged to establish Food Safety Management Committees for the coordination of safety measures in their jurisdiction, such committees will include stakeholders in the sector.^[30]

In addition, the Bill allows for a derogation, modification, or exemption of the application of the Bill and its attendant regulations on justifiable grounds of limiting the regulatory impact on food business operators or owing to a particular food or feed safety conditions peculiar to such state, the establishments in question being under the control of the state’s competent authorities. However, in the event of such, the state authority must ensure that the products in question do not enter inter-state trade and they must communicate with the national committee on food safety management of the circumstances and the relevant measures taken to prevent inter-state trade.^[31]

The Bill no doubt contains several laudable provisions aimed at regulating the production and distribution of food and feed ensuring that the safety and quality are not compromised. This is particularly essential to protect the health and well-being of Nigerians as well as increase the competitiveness of the Nigerian economy in global trade and business.^[32]

ISSUES AND CHALLENGES

A principal challenge that the Bill faces is that it lacks the force of law. Having passed through all the stages of the legislative process, it is yet to receive presidential assent.^[33] This delay has no doubt hampered the effective implementation of the laudable provisions of the Bill. This is because the provisions of the bill were the result of efforts at modernizing the Nigerian food safety structure making it capable of combatting the numerous safety challenges being experienced in the nation.^[34]

Furthermore, an examination of the provisions of the Bill will reveal that its implementation is expected to take a multi-sectorial/multi-stakeholder approach. This is particularly because the Bill provides for several competent authorities charged with implementing specific aspects of the it. While it may be argued that this is necessary for the effective implementation of the provisions of the Bill, its practicality can be doubted upon an assessment of the bureaucratic disposition of the nation’s governmental agencies. Thus, where an issue involves two or more agencies, it may not receive the needed attention in real-time thereby defeating the purpose of the law.

Moreover, while it is not in doubt that the involvement of the 3 tiers of government in the implementation of the provisions of the Bill,^[35] is a laudable provision designed to ensure grassroots awareness and inclusion in matters of food safety and quality, achieving actual synergy may lead to significant implementation challenges as a result of the peculiar configurations of each of these tiers.

Finally, the Federal High Court, the High Court of the states, the FCT, as well as the Magistrate Courts are vested with the jurisdiction to try offences under the Bill. There were however no provisions delineating the extent of the jurisdiction of each court and this may pose several interpretational and jurisdictional challenges.

RECOMMENDATIONS

There is no doubt that food safety in Nigeria is a topical issue at this time, particularly with the current economic situation in the nation. The Food Safety and Quality Bill therefore, with proper implementation, proffers effective monitoring and regulatory framework for food and feed business owners as well as other stakeholders whose activities either directly or otherwise may impact the safety and quality of consumables in circulation. To this end, it is recommended as follows:

1. The executive arm of government needs to, at this time, give attention to giving a force of law to the Bill. Without presidential assent it cannot become a law, the laudable provisions of which can be effectively enforced. Thus, there is a need for urgency in making the Bill, an Act.
2. Effective implementation programs and strategies need to be developed to ensure that the multi-stakeholder involvement of various agencies and bodies, as well as the three tiers of government, does not place hindrance on the proper implementation of the provisions, as this would run contrary to the spirit and intent of the Bill.
3. Finally, there is a need for a proper delineation of the jurisdiction of each court saddled with responsibility under the Bill. Jurisdiction issues in the Nigerian legal clime is a fundamental one without which a court cannot be clothed with adjudicatory powers. Thus, it is not one to be left to conjecture as that will only delay the machinery of justice.

CONCLUSION

Nigeria, at this time, needs to pay much attention to issues of food and feed safety as it not only has a ripple effect on health, it has endless economic implications. Thus a starting point will be a review and strengthening of the extant legal and regulatory framework on the same and addressing the attendant challenges.

NB

It is a good write-up no doubt. You might however need to consider the bill alongside other laws like the laws on Standard Organization, Consumer Protection amongst others. I also expected an evaluation of the bill vis a vis the provisions of the Constitution like the right to life, the legislative lists, amongst others.

1. See Opia, J. E. Food fraud in Nigeria: Challenges, Risks and Solutions. Masters’ Dissertation. Technological University Dublin (2020) available at https://arrow.tudublin.ie/cgi/viewcontent.cgi?article=1004&context=sfehthes accessed on the 16^th of April 2024. ↑
2. See Juliet Aimienrovbiye, The right to health in Nigeria and South Africa: The need for effective integration of food safety. African Human Rights Yearbook / Annuaire Africain des Droits de l’Homme, 2023. 6. 10.29053/2523-1367/2022/v6a12. Available at https://www.researchgate.net/publication/374489906_The_right_to_health_in_Nigeria_and_South_Africa_the_need_for_effective_integration_of_food_safety accessed on the 16th of Appril, 2024 ↑
3. Section 1 of the Bill. ↑
4. Section 2 ↑
5. Section 3 ↑
6. Section 4 ↑
7. Section 5 (1). ↑
8. Section 5 (2). ↑
9. Section 7 ↑
10. Section 8 ↑
11. See section 9, 10 and 12 of the Bill. ↑
12. Section 17. ↑
13. Section 11. ↑
14. Section 11(2). ↑
15. Ibid. S.11 ↑
16. Part 7. ↑
17. Part 10. ↑
18. Part 8. ↑
19. Part 9. ↑
20. Part 11. ↑
21. Sections 38, 39 and 40 of the Bill. ↑
22. Section 50. ↑
23. Section 50 (2). ↑
24. Ibid. Ss 3 ↑
25. Section 52. ↑
26. Ibid. S 51. ↑
27. Section 53 ↑
28. Section 54. ↑
29. Section 55 ↑
30. Ibid. ↑
31. See section 55 ↑
32. Gabriel Ewepu, ‘National Food Safety Bill: Nigerians deserve Food, Feed Safety Regulations-NESG’ (VANGUARD, 2022) available at https://www.vanguardngr.com/2022/03/national-food-safety-bill-nigerians-deserve-food-feed-safety-regulations-%E2%80%95-nesg/ accessed on the 15^th of April 2024. ↑
33. Folashade Akpan ‘Pass Food Safety Bill into Law, Stakeholders urge NASS’ (News Agency of Nigeria, 2023) available at https://nannews.ng/2023/11/15/pass-food-safety-bill-into-law-stakeholders-urge-nass/#:~:text=%E2%80%9CIt%20passed%20through%20all%20the,the%20expiration%20of%20his%20administration.%E2%80%9D accessed on the 16^th of April 2024. ↑
34. Ibid. ↑
35. Section 55 of the Bill. ↑