CROSS RIVER – VACCINATION LAW

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LAWS OF CROSS RIVER STATE

CHAPTER V1

VACCINATION LAW

ARRANGEMENT OF SECTIONS

SECTION

1. Public vaccinators.
2. Vaccination to be compulsory.
3. Vaccination of children.
4. Power of local governments to make rules.
5. Power of public vaccinators to enter premises and vaccinate.
6. Power to examine strangers.
7. Employers of foreign labour to notify arrival.
8. Definition of “successful”.
9. Penalties.
10. Penalty for inoculating with smallpox.
11. Power to make regulations.
12. Interpretation.
13. Short title.

SCHEDULE

Notice Requiring Attendance for Vaccination

CHAPTER V1

VACCINATION LAW

A Law to provide for vaccination.

[8th November, 1917]

[Commencement.]

1. Public vaccinators

(1)      Every medical officer shall be a public vaccinator for the purposes of this Law.

(2)      The commissioner may appoint such additional persons as he may think necessary to be public vaccinators.

2. Vaccination to be compulsory

(1)      Every adult and every child shall be liable to be vaccinated.

(2)      A medical officer of health may, by notice in the form set out in the Schedule hereto, call upon any adult or adults to attend within seven days of the service of such notice on him or them at such time and place as may be specified in such notice for examination and, if necessary, for vaccination, and such adult or adults shall subsequently attend at such time and place as the public vaccinator may direct for the purpose of ascertaining whether or not the vaccination has been successful and, if necessary, for revaccination.

3. Vaccination of children

(1)      Each medical officer of health shall appoint the times and places at which parents may bring their children to be vaccinated.

(2)      The parent of any child shall within three months of the birth of such child bring such a child to a public vaccinator at a time and place appointed under subsection (1) for examination and, if necessary, for vaccination, and shall subsequently produce such child at such times and at such places as the public vaccinator shall direct for the purpose of ascertaining whether or not the vaccination has been successful, and, if necessary, for revaccination.

4. Power of Local Governments to make rules

(1)      The Commissioner may by order apply the provisions of subsection (2) of this section to the area of any Local Government as he may think fit.

(2)      When an order is made under the provisions of subsection (1) then a Local Government Council within the area specified in the order may make rules for all or any of the following purposes—

(a)      appointing the times and places at which adults may attend and to which parents may bring children for vaccination;

(b)      requiring adults to attend and children to be brought before a public vaccinator for inspection and, if necessary, for vaccination or for revaccination;

(c)      prohibiting arm to arm vaccination either generally or in any specified area;

(d)      specifying penalties for breaches of any rule made under the provisions of this subsection and providing for different penalties in the case of successive breaches;

(e)      generally for giving effect to the purposes of this Law within its area.

(3)      The provisions of this section shall be without prejudice to the powers conferred upon medical officers of health by the provisions of sections 2 and 3:

Provided that where a Local Government makes rules under the provisions of subsection (2) then the provisions of subsection (2) of section 2 and of section 3 shall not apply to the area in respect of which such rules are made.

5. Power of public vaccinators to enter premises and vaccinate

Every public vaccinator may on any day, except Sunday, between the hours of six in the morning and six in the afternoon, enter any house and any yard or compound and any buildings therein and inspect every adult and child found therein, and may thereupon vaccinate any such adult and child unless he is satisfied that such adult or child has been previously vaccinated successfully or has already had smallpox:

Provided that in the event of an epidemic of smallpox the medical officer of health may order revaccination in which cases a public vaccinator may revaccinate any adult or child who having been previously vaccinated shall fail to satisfy the public vaccinator that such vaccination was within a period of seven years.

6. Power to examine strangers

Any public vaccinator may examine and vaccinate any person arriving in Nigeria by land, sea or air who cannot produce satisfactory evidence of having been attacked by smallpox or of successful vaccination.

7. Employers of foreign labour to notify arrival

Any employer of labourers immigrant from other countries shall notify a medical officer of health of the arrival of such labourers employed by him within three days of their arrival, for the purpose of their inspection for vaccination.

8. Definition of “successful”

In this Law “successful” means a vaccination which in the opinion of a public vaccinator, after taking into account the nature of the vesicles or scars resulting from the vaccination and the time which has elapsed since the vaccination was performed, is efficient to protect against smallpox.

9. Penalties

Any person who shall fail to comply with any of the provisions of this Law or shall wilfully endeavour to deceive by false statement or otherwise, or shall obstruct any public vaccinator or other person in the discharge of his duties under this Law shall be liable on summary conviction to a fine of one thousand naira or to imprisonment for one month, and when the failure continues after conviction, to a fine of two thousand naira for each day on which such failure continues.

10. Penalty for inoculating with smallpox

Any person who shall wilfully produce or attempt to produce smallpox in any person by inoculation with variolous matter or by wilful exposure to variolous matter or to any matter, article or thing impregnated with variolous matter shall be liable to imprisonment for one year.

11. Power to make regulations

The Commissioner may make regulations for all or any of the purposes following—

(a)      requiring all adults to attend before a public vaccinator for inspection and, if necessary, for vaccination;

(b)      prohibiting arm to arm vaccination either generally or in any specified area; and

(c)      generally for giving effect to the purposes of this Law.

12. Interpretation

In this Law—

“adult” means a person who is or appears to be fourteen years of age or over;

“child” means a child who is or appears to be under fourteen years of age;

“medical officer” means a medical officer in the service of the Government and includes a qualified medical practitioner in the service of a Local Government;

“parent” means the father or mother of a child and includes any person having the care or custody of a child;

“prescribed area” means an area in respect of which an order has been made under section 5 and is then in force.

13. Short title

This Law may be cited as the Vaccination Law.

SCHEDULE

THE VACCINATION LAW

To      ……………………………………………………………… , of ……………………………………………………………………….

In accordance with the provisions of section 2 (2) of the Vaccination Law you are hereby required within seven days after the service of this notice on you to attend at …………………………………………………..at ………………………………………………………………… a.m/p.m, to be examined and, if necessary, vaccinated.

Dated this ………………………….. day of …………………………………. , 20 ………………………….

………………………………………………………………………

Medical Officer of Health

CHAPTER V1

VACCINATION LAW

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Appointment of public vaccinators.
2. Vaccination Regulations.
3. Vaccination (Application to the Cross River State) Order in Council.

APPOINTMENT OF PUBLIC VACCINATORS

[Section 3 (2).]

All persons holding under the Government or a Local Government the under-mentioned posts are appointed as public vaccinators—

Dressers

Health visitors

Midwives

Local Government dispensary attendants

Sanitary inspectors

Sanitary overseers

Sanitary superintendents

Sleeping sickness dispensary attendants

Sub-inspectors of sanitation

Vaccinators

Sleeping sickness superintendents

Field unit superintendents

Sleeping sickness assistants

Field unit dressers.

VACCINATION REGULATIONS

[Regulations 11 of 1918.]

Made under section 13

1. Every public vaccinator shall keep a record of every vaccination performed by him as in the Form A of the Schedule.

[Form A.]

2. In this record all vaccinations performed shall be numbered consecutively throughout the year beginning with No. 1 for the first vaccination in each year.
3. Every public vaccinator shall send to the Chief Medical Officer a monthly return of vaccinations performed by him as soon as may be after the ending of each month in Form B of the Schedule.

[Form B.]

4. Except in special cases, sanctioned by the medical officer of health for the area, no public vaccinator shall grant a certificate of successful vaccination to any non-European.
5. No public vaccinator not a medical officer shall perform arm to arm vaccination unless he is ordered to do so by a medical officer; such order shall be in writing and shall specify the period over which such arm to arm vaccination shall continue and in what places or area it shall be done.
6. When arm to arm vaccination is carried out by a public vaccinator, not a medical officer and not under the direct personal supervision of a medical officer, lymphs shall only be taken from a young child and from an unbroken perfectly formed vaccination vesicle, and only from such a child if it appears perfectly healthy and free from all sores and only after it has been ascertained that its parents are quite healthy or if dead were quite healthy at the time to the child’s birth.
7. No public vaccinator other than a medical officer shall vaccinate any person who produces a certificate signed by a qualified medical practitioner dated within the preceding four moths, that he is medically unfit to undergo vaccination.
8. Any public vaccinator who commits a breach of any of the provisions of regulations 6 to 8 shall be liable to a fine of twenty naira.
9. These regulations may be cited as the Vaccination Regulations.

SCHEDULE

FORM A

Register of Vaccinations

Year 20 ……………………………..

Place or District …………………………………………

No.

Date

Name

Sex

Age

Resi-dence

Nation-ality or tribe

Address where vacci-nated

No. of marks and parts of body

Source of lymph

Vaccinator’s initials

Date of inspection

No. of marks

Vaccinator’s initials

Good

Not good

Failed

Unknown

 

FORM B

Monthly return of Vaccinations

Year 20 ……………………………..

Place or District …………………………….

 

Town, village or place	Number vaccinated	Number (a) successful	umber partly successful	Number failed	Number unknown	Source of lymph or if arm to arm

 

(a)     The area of the marks of a successful vaccination taken together must be not less than half a square inch, and any marks of previous vaccination of less area than half a square inch shall not be accepted as evidence of successful vaccination.

Place ……………………………………………………………..

Signature ………………………………………………………..

Date ……………………………………., 20 ……………………………..

Title ……………………………………………………………….

 

VACCINATION (APPLICATION TO THE CROSS RIVER STATE)

ORDER IN COUNCIL

1. Order in council

This Order in Council may be cited as the Vaccination (Application to the Cross River State) Order in Council.

2. Application of section 6 (2)

The provisions of subsection (2) of section 6 of the Vaccination Law shall apply to Cross River State.

 

CHAPTER V2

VEGETABLE OIL REFINING (LICENSING AND CONTROL) LAW

ARRANGEMENT OF SECTIONS

SECTION

1. Licensing of oil refining; offence and penalty.
2. Condition attached to licence.
3. Offence.
4. Licences.
5. Commissioner may cancel licence.
6. Inspectors and other officers.
7. Powers of inspectors.
8. Regulations.
9. Interpretation.
10. Short title.

CHAPTER V2

VEGETABLE OIL REFINING (LICENSING AND CONTROL) LAW

A Law for the Licensing and Control of Vegetable Oil Refining and for Matters connected therewith.

(1st November, 1957)

[Commencement.]

1. Licensing of oil refining; offence and penalty

(1)      Save as is hereafter provided, no person shall refine any oil unless he holds a licence granted by the Commissioner.

(2)      Any person engaged in or carrying on the trade or business of the refining of oil at the date of the commencement of this Law shall before the expiry of one month from such commencement, and every other person shall before commencing to refine any oil, apply in writing under this section to the Commissioner for a licence in respect of such oil refining.

(3)      Any person who refines any oil without being licensed in accordance with this section shall be guilty of an offence and shall be liable to a fine not exceeding one thousand naira or imprisonment for a term not exceeding two years.

2. Condition attached to licence

Any licence granted under the provisions of section 1 shall contain a condition that the person to whom such licence is granted shall ensure that any oil refined by him shall be totally hydrolysed or saponified and that no residual oil remains after such refining for disposal:

Provided that the Commissioner may grant a special licence without such condition where it appears proper for him to do so.

3. Offence

Any person to whom a licence has been granted under section 1 who fails to comply with any condition contained in such licence shall be guilty of an offence and shall be liable to a fine not exceeding one thousand naira or to imprisonment for a term not exceeding two years.

4. Licences

(1)      Subject to the provisions of subsection (2), a licence issued under section 1 shall remain in force for one year.

(2)      An application for a licence may be made at any time, and any subsequent application for a licence shall be made in the month of January.

5. Commissioner may cancel licence

The Commissioner may, in his discretion, cancel any licence granted under section 1 where it appears to him that the processing of any oil in respect of which such licence has been issued is not being conducted in accordance with the conditions of a licence granted under the provisions of section 1, with the provisions of this Law or of any regulations made thereunder.

6. Inspectors and other officers

For the purpose of this Law, the Public Service Commission may appoint such Inspectors and such other officers as may be considered necessary.

7. Powers of Inspectors

(1)      For the purpose of this Law, an Inspector may at all reasonable times, by day and night, and without giving previous notice but so as not to interrupt the refining of any oil—

(a)      inspect the refining of any oil;

(b)      examine and take samples of any oil, by-products or waste products of any oil, or any substances used in connection with the refining of oil; and

(c)      apply any tests and make any experiments and generally make all such enquiries as seem to him to be necessary.

(2)      The person refining oil and his agent shall render to every Inspector all necessary facilities for inspection, examination, the taking of samples, any testing and the making of experiments in pursuance of this Law.

(3)      Every person refining oil who does not afford to an Inspector facilities as required by this Law, or who obstructs an Inspector or his agents in the execution of his powers under this Law, shall be guilty of an offence and liable to a fine not exceeding two hundred naira or to imprisonment for six months.

8. Regulations

The Commissioner may make regulations—

(a)      prohibiting or regulating the sale or possession of any refined oil or the byproducts or waste products of oil;

(b)      empowering any Inspector to seize and detain any oil or by-products or waste products of oil or substance or any receptacle, container or article used in connection with the refining of oil;

(c)      requiring a person to whom a licence has been given under the provisions of section 1 to keep such record books and accounts as the Commissioner considers to be adequate for the purposes of this Law and providing for the form in which such record books and accounts shall be kept and for the inspection thereof;

(d)      empowering a Magistrate’s Court or the High Court upon conviction of an offence under the provisions of this Law to order the destruction of any oil, by-product, waste product, or any substance seized and detained by an Inspector acting under and in accordance with the provisions of this Law;

(e)      prescribing the conditions (subject to the provisions of section 2) of any licence issued under the provisions of this Law; and

(f)      generally for giving effect to the objects of this Law and, in particular, prescribing penalties for any contravention of the regulations.

9. Interpretation

In this Law—

“the Commissioner” means the Commissioner for the time being charged with responsibility for the Produce Inspection Service;

“Inspector” means an Inspector, other officer or employee each of whom has been appointed under section 8;

“oil” means vegetable oil;

“oil refining” with its grammatical variations refers to any chemical treatment or process in which all or part of the free fatty acid is neutralised with the result that the oil has finally a reduced free fatty acid content or in which all or part of the natural glycerides of the oil are hydrolysed.

10. Short title

This Law may be cited as the Vegetable Oil Refining (Licensing and Control) Law.