PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT

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LAWS OF THE FEDERATION OF NIGERIA

PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Produce to which Act applies.
4. Establishment of the Produce Inspection Board.
5. Constitution and proceedings of Board.
6. Functions of the Board.
7. Power to make regulations.
8. Emergency orders for pest control in Lagos.
9. Export of damaged produce.
10. Wrongful grading an offence.
11. Unauthorised use or possession of seals, etc.
12. Pest infestation.
13. Powers of entry and seizure.
14. Treatment of detained produce.
15. Power to re-examine produce.
16. Offences generally.
17. Offence in relation to samples.
18. Offences in relation to inspection, grading, etc.
19. Forfeiture of produce.
20. Duty to provide labour for inspection.
21. Produce experts.
22. Prosecutions.
23. Power to sue for fees.
24. Presumption as to intention to export.
25. Offences by public officer.
26. Effect of inspection, passing or grading.
27. Repeal of No. 24 of 1950.

SCHEDULES

FIRST SCHEDULE

Produce to which Act applies 
SECOND SCHEDULE

Constitution and proceedings of Board

An Act to make provision for the inspection of commodities for export from Nigeria at ports of shipment, for the purpose of enforcement of grades and standards of quality in respect of such commodities, and for matters incidental to the execution of the powers conferred by this Act.

[1st December, 1959]              [Commencement.]

1. Short title

This Act may be cited as the Produce (Enforcement of Export Standards) Act.

2. Interpretation

(1)    In this Act, unless the context otherwise requires-

“assistant produce officer” means an officer of that rank in the Produce Inspection Service of the Government, whether of the Government of the Federation or of a State;

“Board” means the Produce Inspection Board established under section 4;

“buy” includes exchange or barter, whether for goods or services, and any agreement or contract to buy, exchange or barter;

“buyer” means the person who himself conducts the transaction of buying, whether for himself or for another;

“chief produce inspector”, subject to the provisions of subsection (2) of this section, means an officer of that rank in the Produce Inspection Service of the Federation;

“clean” means to free produce from any foreign, superfluous or inferior matter by picking, boiling or other means and includes the extraction of excessive moisture from produce;

“export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Nigeria;

“exportable standard” means a standard which is not lower than that prescribed for produce intended for export, under the provisions of the Export of Nigerian Produce Act or any other law;

[Cap. E20.]

“expose for sale” includes to place any produce on premises on which produce is habitually bought by, or for eventual delivery to, any exporter of produce or licensed buying

agent, whether the person so placing such produce states that he intends to offer it for sale or not;

“Government” means the Government of the Federation or of a State;

“inspector”, subject to the provisions of subsection (2) of this section, means a produce inspector of the Produce Inspection Service of the Federation, and includes any person appointed as an inspector or examiner for the purposes of this Act;

“licence” means a licence issued in accordance with the provisions of this Act;

“licensed buying agent” means a person or firm or a servant of such person or firm holding a licence in that behalf issued by the Commodity Boards under the provisions of the Commodity Boards Act;

[Cap. CI7.]

“licensing authority” means an authority empowered under this Act to grant a licence;

“Minister” means the Minister for the time being charged with responsibility for matters relating to external trade;

“pest” means any vermin, insect, parasite, fungus, bacterium or disease harmful to produce;

“port of shipment” means the place from which produce is exported by any means and for such purpose the whole of Lagos shall be deemed a port of shipment;

“produce officer”, subject to the provisions of subsection (2) of this section, means any officer of the Produce Inspection Service of the Federation of or above the rank of produce officer or pest infestation control officer;

“possess for sale” include constructive possession of produce which is exposed for sale, or of produce which is found upon the premises of any store in respect of which there is in force a certificate of registration issued in accordance with the provisions of any regulations made under this Act;

“sell” includes exchange of barter, whether for goods or services, and any agreement or contract to sell, exchange or barter;

“senior produce inspector” subject to the provisions of subsection (2), of this section, means an officer of that rank in the Produce Inspection Service of the Federation.

(2)    Except in any respect that the President may otherwise direct, officers of the Produce Inspection Service of Ekiti, Ogun, Ondo, Oshun and Oyo States-

(a)    shall have and may exercise in respect of Lagos all the powers and duties conferred in this Act upon officers of the Produce Inspection Service of the Federation; and

(b)    shall have and may exercise in respect of Lagos all the powers and duties conferred upon them in Ekiti, Ogun, Ondo, Oshun and Oyo States under any law in force in those States dealing with the inspection and grading of produce for export, with the exception of powers and duties relating to the final re-examination of produce at
the time of shipment.

(3)    Subsection (2) of this section shall not come into operation until the Minister shall have notified in the Gazette of the Federation the consent of the Governors of Ekiti, Ogun, Ondo, Oshun and Oyo States thereto.

3. Produce to which Act applies

(1)    This Act shall apply to the produce described in the First Schedule to this Act, being produce intended for export, and the word “produce” in this Act shall be construed accordingly.

(2)    The Minister may by order add to or delete from the First Schedule any description of produce.

4. Establishment of the Produce Inspection Board

(1)    Upon the coming into operation of this Act, the Produce Inspection Board established under the provisions of section 5 of the Produce Inspection Act, without prejudice to anything lawfully done under that Act shall cease to exist and there shall be established a Produce Inspection Board (in this Act referred to as the Board) constituted as hereinafter mentioned.

(2)    The Board shall be appointed by the Minister of Commerce and shall consist of a chairman and 38 other members, all being persons of integrity serving in the civil service of the Federation or a State of the Federation and having technical experience of the inspection of produce for export. The chairman and one member shall be in the public service controlled by the Federal Civil Service Commission and of the other members one shall be nominated by the Governor of each of the States of the Federation. All appointments to the Board shall be made with the consent of the appropriate civil service commission.

5. Constitution and proceedings of Board

The provisions of the Second Schedule to this Act shall apply in relation to the constitution and proceedings of the Board.

6. Functions of the Board

The functions of the Board shall be as follows-

(a)    to advise the Minister under section 6 (1) (m) of the Commodity Boards Act;

(b)    to advise the Minister upon the making of regulations under section 7, or the making of any order under subsection (2) of section 3 of this Act;

(c)    to advise the States of the Federation, upon request, on matters concerning produce inspection legislation under State produce inspection laws;

(d)    to advise the Minister concerning the Act or its application or any matter concerning produce inspection generally.

7. Power to make regulations

(1)    The Minister with the advice of the Board may make regulations prescribing or providing for-

(a)    the precautions which shall be taken to prevent the occurrence and spread of pest infestation in produce at Lagos by means of inspection thereof and for such purposes prescribing or providing for the powers and duties of officers concerned in pest control;

(b)    the inspection and grading according to its quality and purity of any produce at its port of shipment, and prohibiting or regulating the export of any produce which has not been so inspected and graded, or which does not conform to standards prescribed in accordance with the Commodity Boards Act or any other law;

(c)    the structural conditions to which stores or buildings used or partly used for the inspection, grading and storage of produce in Lagos State must conform, and providing for the registration, licensing, classification and number of such stores or buildings by the former Western Nigeria Produce Inspection Service and for the conditions under which produce shall be stored;

(d)    prohibiting the inspection and grading of produce on any premises in Lagos State which do not conform to the prescribed conditions, or which have not been registered;

(e)    in Lagos State, prohibiting the transport of adulterated produce or produce which cannot be passed or graded in accordance with any written law, and generally prohibiting the traffic in such produce;

(f)     the type of containers to be used for produce and the packing, closing, marking or sealing the same;

(g)    the type of marking appliances to be used by an inspector and the designs or letters to be placed on such marking appliances and, for Lagos only, the types of seals, presses or punch dies to be used by any officer of the Produce Inspection Services and the designs or numbers to be placed on such seals, presses or dies;

(h)    the form and place in which registers shall be kept by the person in charge of any store or building licensed under paragraph (c) hereof for storage of specified produce, and for the inspection of such registers by specified officers;

(i)     what shall be deemed to constitute adulteration for the purposes of this Act, in respect of any description of produce;

(j)     penalties for offences against any regulation made hereunder not exceeding a fine of N200 or imprisonment for six months or both;

(k)    powers and duties of produce officers, assistant produce officers or inspectors, to permit or require the cleaning of any produce, and the removal and destruction of any extraneous matter or siftings separated from produce, and empowering pest infestation control officers to require the fumigation or treatment of produce, stores, buildings or platforms used or partly used for the storage of produce, for the purpose of decontamination;

(l)     the fees to be paid including those for inspection or re-inspection, or overtime;

(m)   conditions for the working of overtime by assistant produce officers or inspectors, and the officers who may issue permits for overtime work;

(n)    the appointment of licensing authorities, and the grant, renewal, form and duration of any licences which may be prescribed, and the conditions which may be attached thereto;

(o)    the appointment of markets and inspection stations;

(p)    generally, for the better carrying into effect of the provisions of this Act;

(q)    in relation to the making of regulations, the Minister shall not be bound to accept the advice of the Board.

(2)    The Minister may make regulations without the advice of the Board in any case in which the matter is, in his judgement, too urgent to admit of the giving of their advice in the time within which it may be necessary to make the same.

(3)    Any such regulations shall be laid before the National Assembly at the next meeting thereafter and the National Assembly may approve or revoke such regulations but any revocation shall be without prejudice to anything lawfully done thereunder or to the making of further regulations.

8. Emergency orders for pest control in Lagos

(1)    In the event of an outbreak of serious pest infestation, the minister may by order notified in the Federal Gazette provide for the immediate steps which in his opinion are necessary in Lagos to combat such infestation and to prevent its spread, and, without prejudice to the generality of this provision, may provide by such order for the prohibition of the movement or for the destruction of any produce.

(2)    An order made under this section may prescribe penalties for offences against any provision of such order not exceeding a tine of N200 or imprisonment for six months or both.

(3)    When an order has been made under this section, the Minister shall convene a meeting of the Board within thirty days of the making of such order and shall seek the advice of the Board and if so advised shall by regulation under section 7 of this Act make such provision as may be necessary in the circumstances, and upon such provision being
made by the Minister the order made under this section shall without prejudice to anything lawfully done thereunder expire unless it shall previously have expired under the provisions of the order itself.

9. Export of damaged produce

(1)    Notwithstanding anything in this Act, where any produce which has been inspected and passed for export has subsequently suffered damage or deteriorated in quality to such an extent that it can no longer be made to conform to an exportable standard, the Minister or officer deputed by him in writing in that behalf may grant a special permit authorising the export of such produce upon such conditions and for such purposes as may be specified in the permit.

(2)    Notwithstanding anything in this Act, where any produce has suffered damage or deteriorated in quality to such an extent that it no longer conforms to an exportable standard, the Minister or officer deputed by him in writing in that behalf may, if satisfied that such damage or deterioration was due to circumstances beyond the control of the owner of such produce, grant a special permit authorising the export of the produce upon such conditions and for such purposes as may be specified in the permit.

(3)    Where produce is exported under the authority of a special permit granted under the provisions of subsection (1), any seals or other marks indicating that such produce has been graded for export shall be removed or obliterated by the person exporting the same to the satisfaction and in the presence of a produce officer, assistant produce officer, or inspector of the Produce Inspection Service of the State in which the port of shipment is situated, or in respect of Lagos, the Produce Inspection Service of Ogun, Ondo and Oyo States.

10. Wrongful grading an offence

(1)    A produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector who knowingly passes or grades produce for export which is not of exportable standard shall be guilty of an offence, and liable to a fine of N400 or to imprisonment for one year or to both such fine and imprisonment.

(2)    Where in any prosecution under this section, the person charged alleges that unauthorised use was made of any seal, press, punch-die or other sealing or marking appliance used for sealing produce or for marking containers without his consent, the onus of proving such unauthorised use shall be on him.

(3)    In any prosecution under this section, it shall be sufficient for the prosecution to prove the person charged to be a produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector, and that he passed or graded the produce in question for export and that such produce was not of exportable standard, and thereupon the onus of proof that such wrong grading was not done knowingly shall be upon the person charged.

11. Unauthorised use or possession of seals, etc.

Any person who-

(a)    makes unauthorised use of any prescribed type of seals, presses, punch-dies or other sealing or marking appliances used for sealing produce or for marking containers or of any apparatus for sampling or testing produce, or for extracting any of the contents of bags of produce intended for export or detained under the provisions of this Act; or

(b)    is found in possession of any such article or of any article so closely resembling the same as reasonably to be mistaken therefor without lawful excuse (the onus of proving such lawful excuse being upon the person charged),

shall be guilty of an offence, and shall be liable to a fine of N400 or to imprisonment for one year, or to both such fine and imprisonment.

12. Pest infestation

Where any produce is found within Lagos to be infested or suspected to be infested with any pest-

(a)    a produce officer may make such order as he may deem necessary for the treatment of such pest; and

(b)    upon the failure of the owner of the produce to comply with any such order, the officer who made the order, or any person authorised by him in that behalf in writing, may enter upon any land or premises and carry out such measures as he may deem necessary to prevent the spread of the pest, at the owner’s expense.

13. Powers of entry and seizure

(1)    For the purpose of carrying out his duties under this Act, any produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector in uniform shall have power-

(a)    to enter at all times which are reasonable, having regard among other things to the religious beliefs and social customs prevailing in the area in question, any building or place in which he has reason to suppose that any produce which is subject to regulations made under this Act is stored, and inspect and take samples of any such produce stored therein, whether or not such produce has previously been inspected or graded;

(b)    to stop any person carrying or believed to be carrying any such produce and to examine such produce, and to stop and search any vehicle, boat, canoe or animal carrying or believed to be carrying such produce and to call upon the person in charge of such vehicle, boat, canoe or animal or, if he cannot be ascertained, the person appearing to be in charge of such vehicle, boat, canoe or animal, and the person or persons in charge of such produce to unload any such produce for examination;

(c)    to direct the person in charge of the vehicle, boat, canoe or animal, and the person or persons in charge of any produce seized under the provisions of paragraph (d) of this subsection, to proceed in or with the particular conveyance employed to the nearest suitable place for the purpose of depositing therein the seized produce and containers thereof;

(d)    to seize and detain any produce which he reasonably suspects to have been adulterated, or in respect of which an offence against this Act appears to him to have been committed, together with any receptacle in which such produce is contained, and to seize and detain any article, register or document believed to be connected with the offence;

(e)    in cases where he is satisfied that the owner of any produce which has been seized and detained under the provisions of paragraph (d) of this subsection did not know that the produce was adulterated, to permit the owner to clean the produce, and, when it has been cleaned to release the produce and any receptacle in which the produce was contained; and

(f)     to call upon any person to furnish him with any information he may reasonably require for the purpose of investigating any offence against this Act.

(2)    No person who obtains any information by virtue of the foregoing paragraph shall, otherwise than in the execution of his duties under this Act, disclose that information except with the permission of the Minister.

(3)    Except as provided in paragraph (e) of subsection (1) of this section, any person who seizes and detains any produce or receptacle under the provisions of subsection (1) of this section shall forthwith report the fact to the nearest magistrate.

14. Treatment of detained produce

(1)    Where any produce which has been seized and detained is not already packed in receptacles, a produce officer, assistant produce officer or inspector may order that it shall be so packed, and the owner of the produce and the person in charge thereof at the time of seizure shall be responsible for the provision of suitable receptacles and the labour necessary to carry out the order.

(2)    Save as is provided to the contrary in this section, any produce which has been seized and detained shall be sealed in receptacles to the satisfaction of a produce officer, assistant produce officer or inspector, and shall not be removed or cleaned except with the written permission of a produce officer or inspector, or until any charge which may be brought against any person for an offence in respect of the produce or any complaint laid for the purpose of forfeiture under the provisions of subsection (2) of section 19 of this Act has been determined:

Provided that-

(a)    unless a charge against some person is made, or a complaint under the provisions of subsection (2) of section 19 of this Act is laid, within the space of three months after the seizure, the seized produce shall be released from detention;

(b)    notwithstanding anything contained in section 263 of the Criminal Procedure Act, where a person charged with an offence against this Act in respect of any produce has been acquitted or discharged, the Court shall not order the release of the produce until fourteen days have elapsed from the date of the judgement of acquittal or discharge, or until a produce officer has notified the Court in writing of his intention not to institute further proceedings in respect of the produce, whichever date is the earlier;

(c)    if a produce officer notifies the Court in wnnng within the said period of fourteen days of his intention to institute further proceedings in respect of the produce or to appeal against the judgement of acquittal or discharge, the Court shall not order the release of the produce pending the determination or withdrawal of such proceedings or appeal.

(3)    Notwithstanding the provisions of subsection (2) of this section where a produce officer deems it advisable he may order that any produce which has been seized and detained shall be removed and kept under detention in other premises approved by him.

(4)    Where the owner of the produce or the person in charge thereof considers that the condition of the produce which has been seized and detained is such that the storage thereof in that condition will result in further damage or deterioration, he may make application in writing to a produce officer for the purpose of obtaining permission to clean the produce.

(5)    Where application has been made to a produce officer under the provisions of subsection (4) of this section, the produce officer may permit the owner or person in charge of the produce to clean it, and when the produce has been cleaned, it shall then be dealt with in accordance with the provisions of subsection (2) or (3) of this section.

(6)    Where an application made under the provisions of subsection (4) has been granted, there shall be prepared in the presence of the applicant and the produce officer or an officer deputed to him in that behalf, a document showing the net weight of the produce, the number of receptacles in which it is packed, and the gross weight of any samples taken, and such document when signed by both the applicant and produce officer or his deputy shall be conclusive evidence of the particulars therein contained.

(7)    Where any produce which has been seized and detained is, in the opinion of the produce officer or assistant produce officer, in such condition that its storage in that condition will result in further damage or deterioration, and whether an application under subsection (4) of this section has been made or not, a produce officer may order the person in charge of the produce or assistant produce officer or any person claiming to be the owner thereof to clean it, and may permit the temporary release of such produce for the purpose, and where such order has been given, the provisions of subsection (6) shall apply.

15. Power to re-examine produce

(1)    If a produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector, in his discretion, considers it advisable, he may re-examine any produce which has been inspected, passed or graded, and for such purpose may take all such steps in that behalf, including the opening of packages, as he may deem necessary:

Provided that where seals have to be removed such seals shall be removed only by officers of the State Produce Inspection Service who are carrying out duties at the port of shipment.

(2)    If, upon such re-examination, the produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector finds that the produce has not been properly passed or graded or has deteriorated to such an extent as no longer to conform to the quality or grade assigned thereto on its previous examination, such produce
shall not be exported until it has been properly graded, passed and marked in accordance with the provisions of any regulations made under this Act or until a special permit for its export has been granted in accordance with the provisions of section 10 of this Act.

(3)    If, upon such re-examination, the produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector finds that the produce has been adulterated, or that any offence has been committed in respect of the produce, he shall deal with the produce in accordance with the provisions of sections 14 and 15 of this Act.

(4)    If, upon such re-examination, the produce officer, assistant produce officer or inspector finds that the produce has been properly passed or graded, he shall cause it to be re-packed, sealed and marked in accordance with the provisions of any regulations made under this Act.

(5)    The owner of any such produce re-examined under the provisions of this section may appeal within 21 days to the head of the Produce Inspection Service of the State which has re-examined his produce, or to an officer deputed by him in that behalf, against the decision made on either the examination or the re-examination.

16. Offences generally

(1)    Any person who in Lagos or at any port of shipment-

(a)    hinders or molests any produce officer, assistant produce officer, chief produce inspector, senior produce inspector, inspector, or other person charged with any duties or powers under this Act or any regulations made hereunder in the exercise of any of his duties or powers;

(b)    without lawful excuse, fails to comply with any order lawfully given under the provisions of this Act or of any regulations made hereunder;

(c)    without lawful excuse, removes, cleans or in any way tampers with any produce or any receptacle, which has been seized or detained by a produce officer, assistant produce officer, chief produce inspector, senior produce inspector, or inspector in accordance with the provisions of this Act or of any regulations made hereunder;

(d)    without lawful excuse, breaks or removes any seal placed upon a receptacle containing produce by a produce officer, assistant produce officer or inspector, whether after the grading of the produce contained therein or after the seizure and detention of such produce and receptacle in accordance with the provisions of sections 14 and 15 of this Act, or any twine, wire or other means of securing such receptacle or seal;

(e)    without lawful excuse, substitutes for any produce which has been inspected and passed or graded any other produce, or adds extraneous matter or any uninspected produce to any produce which has been so inspected and passed or graded;

(f)     without lawful excuse, fails to furnish any information lawfully demanded under the provisions of this Act, or furnishes information which he knows to be false in a material particular or does not believe to be true;

(g)    without lawful excuse possesses or has in his custody or under his control whether for sale or other purpose, and whether for the use or benefit of himself or any other person or whether as agent or servant of any other person-

(i)     any produce which has been inspected or passed or graded, and of
which the containers have been tampered with as described in this section; or

(ii)    any produce which has been substituted for produce which has been passed or graded; or

(h)    without lawful excuse, ships or exports or attempts to ship or export or deliver or causes to be delivered for shipment or export any produce which is not of exportable standard,

shall be guilty of an offence, and shall be liable to a fine of N400 or to imprisonment for one year, or to both such fine and imprisonment.

(2)    In any prosecution for an offence against this section, the onus of proving the existence of a lawful excuse shall lie on the persons charged.

(3)    No person shall be convicted of an offence under paragraph (g) of subsection (1) if he proves to the satisfaction of the court-

(a)    that he did not know and could not with reasonable diligence have known that the produce or containers thereof had been tampered with or suffered substitution as aforesaid;

(b)    that he had taken all reasonable precautions against the commission of the offence;

(c)    that as soon as he discovered or became aware that an offence had been or was being committed he made immediate report in writing to a produce officer; and

(d)    that on demand made by a produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector he gave all the information in his power with respect to the produce and containers thereof, the person from whom he obtained the produce and the person who conveyed or delivered it to him or to any other person on his behalf or into the possession, custody, control of himself or any other such person.

17. Offence in relation to samples

Any person authorised to take samples of produce under the provisions of this Act, who employs or disposes of such samples or any part thereof for his own gain or use or for any purpose other than that for which provision is made under any written law, shall be guilty of an offence and liable to a fine of N400 or to imprisonment for one year, or to both such fine and imprisonment.

18. Offences in relation to inspection, grading, etc.

(1)    Any produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector, who without lawful excuse, proof of which shall lie upon him, delays, detains, or refuses to inspect, pass or grade produce for export shall be guilty of an offence and liable to a fine of N400 or to imprisonment for one year or to both such fine and imprisonment.

(2)    The provisions of subsection (1) of section 22 of this Act shall not apply to a prosecution brought for an offence against this section.

19. Forfeiture of produce

(1)    Upon the conviction of any person for an offence against this Act in respect of any produce of which he is the beneficial owner, the Court may, in addition to any penalty which may be imposed therefor, order that the produce in respect of which the offence was committed and the receptacles thereof shall be destroyed or forfeited or that such
produce shall be cleaned by the owner thereof to the satisfaction of a produce officer, assistant produce officer or inspector and shall thereafter be released for sale or export.

(2)    Where any produce or receptacle has been seized and detained under the provisions of sections 14 and 15 of this Act and-

(a)    the owner thereof is unknown or cannot be found; or

(b)    the produce is adulterated or is of such inferior quality that-

(i)     it cannot be cleaned to an exportable standard; or

(ii)    its retention in that condition may endanger the quality of any other
produce with which it may come into contact; or

(iii)    a produce expert considers by reason of its inferiority that it should be destroyed, and whether or not any person has been convicted of an offence in respect of such produce, a complaint shall, as soon as may be after the expiry of seven days from the day on which such produce was seized, be laid before the magistrate having jurisdiction in the
place where such produce or receptacle is detained for the purpose only of enforcing forfeiture of such produce or receptacle, and the magistrate may cause notice to be given in such manner as he may think proper, stating that unless cause is shown to the contrary at
the time and place stated in the notice such produce or receptacle may be forfeited, and at such time and place the magistrate shall, unless cause is shown to the contrary, order that the produce or receptacle shall be forfeited and disposed of in such manner as may be directed by the head of such Produce Inspection Service as in the opinion of the magistrate is appropriate.

20. Duty to provide labour for inspection

Where a produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector is about to inspect or re-inspect any produce for any of the purposes of this Act, the person in charge thereof shall provide the necessary labour to enable such inspection or re-inspection to be made.

21. Produce experts

(1)    The Minister may by notice in the Federal Gazette declare suitably experienced persons to be produce experts in respect of any kind of produce.

(2)    In any proceedings for an offence against the provisions of this Act, in which the quality or condition of any produce is a fact in issue, the court may, if it thinks fit, direct any produce expert to examine such produce, or samples thereof, and to report to the Court on its quality or condition, and the written report of such produce expert shall be sufficient evidence of the facts stated therein unless the person charged requires the produce expert to be called as a witness.

22. Prosecutions

(1)    No prosecution (other than a prosecution by or on behalf of a law officer of the Federation or of a State) for any offence against this Act (other than an offence under section 18 of this Act) shall be commenced except with the consent of an officer not below the rank of produce officer.

(2)    A prosecution for an offence against this Act may be brought in the name of the head of the Produce Inspection Service of the Federation or of a State and may be conducted by him or by a produce officer or assistant produce officer or chief produce inspector or senior produce inspector, and any prosecutions so instituted shall be deemed prima  facie to have been commenced with due consent.

23. Power to sue for fees

(1)    Any fees due under the provisions of this Act or any regulations made hereunder may be recovered as a civil debt by-

(a)    the head of a Produce Inspection Service of a State; or

(b)    the Nigerian Customs Service.

(2)    All such fees shall be paid into the general revenue of the State concerned or of the Federation as the case may be.

24. Presumption as to intention to export

In any proceedings against any person for an offence against this Act, it shall not be necessary to prove that produce, the subject of the charge, was intended for export and such produce shall be presumed to have been intended for export unless the contrary be proved.

25. Offences by public officer

(1)    Where any proceedings, whether civil or criminal, are brought against any public officer in respect of any act done in pursuance of any of the provisions of this Act, it shall be a good defence to show that there was reasonable and probable cause for the act in respect of which such proceedings are brought.

(2)    No act or thing done by any public officer, if it was done bona  fide for the purpose of executing this Act, shall subject him personally to any action, liability, claim or demand whatsoever:

Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or similar order.

26. Effect of inspection, passing or grading

In any action relating to the quality or purity of any produce inspected and passed or graded under the provisions of this Act, the inspection, passing or grading of such produce shall not be conclusive as to the quality or purity thereof.

27. Repeal of No. 24 of 1950

(1)    Without prejudice to the continuance of any provision of the Produce Inspection Act 1950, which takes effect as a law enacted by each State Legislature until amended or repealed by such Legislature, such Act is repealed in so far as it applies to ports of shipment of produce and to the port of Lagos.

(2)   Without prejudice to the continuance of any provision of the regulations made under the Produce Inspection Act, which has State application until amended or revoked in accordance with any law enacted or taking effect as if enacted by any State legislature,
such regulations shall continue in effect in accordance with section 6 of the Interpretation Act in respect of ports of shipment of produce and the port of Lagos until amended or revoked in accordance with section 7 of this Act

SCHEDULES

FIRST SCHEDULE
[Section 3.]

 Produce to which the Act applies

SECOND SCHEDULE
[Section 6.]

Constitution and proceedings of the Board 

1. Tenure and vacation of office by members

(1)    A member of the Board, other than a public officer, may by notice in writing to the chairman of the Board resign his membership, but save as aforesaid, to the other provisions of this paragraph, a member other than a public officer shall hold office for three years from the date of his appointment.

(2)    If the Minister is satisfied that a member other than a public officer-

(a)    has been absent from two consecutive meetings of the Board without the permission of the Board; or

(b)    is incapacitated by physical or mental illness; or

(c)    is otherwise unable or unfit to discharge the functions of a member,

the Minister may declare his seat upon the Board vacant and shall notify the fact in such manner as he may think fit and thereupon such vacancy may be filled according to the provisions of subsection (2) of section 4 of this Act.

(2)   Where a member is temporarily incapacitated or is temporarily absent from Nigeria, the Minister may appoint any person qualified under section 4 (2) of this Act to be temporarily
a member of the Board during such incapacity or absence.

(3)    A member of the Board other than a public officer shall not be deemed by virtue of being such a member to be the holder of an office of emolument under the Constitution of the Federal Republic of Nigeria, 1999 for any of the purposes of the State.

2. Meeting and proceedings of the Board

(1)    Subject to the provisions of this paragraph, the Board may make standing orders providing for the proper conduct of its business.

(2)    Meetings of the Board shall be convened by the chairman but any four members may by notice in writing signed by them request the chairman to convene a special meeting of the Board for the purposes specified in such notice, and upon receipt of such notice, the chairman
shall convene a special meeting for such purposes at the earliest convenient date.

(3)    Where upon any special occasion the Board desires to obtain the advice of any person upon any matter, the Board may co-opt such person to be a member for such meeting or meetings as may be required, and any such person shall, whilst so co-opted, have all the rights and privileges of a member of the Board, save that he shall not be entitled to vote on any
question.

(4)    All questions proposed for decision shall be determined by the majority of the votes of the members present and voting.

(5)    The chairman shall have an original vote and also, if upon any question the votes are equally divided, a casting vote.

(6)    At a meeting of the Board, the chairman and six other members shall form a quorum.

(7)    The Board shall not be disqualified for the transaction of business by reason only of any vacancy among the members, and in case of the absence of the chairman from any meeting the Board may appoint a temporary chairman from amongst their own number.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation 

1. Copra (Inspection for Export) Regulations.
2. Coffee (Inspection for Export) Regulations.

COPRA (INSPECTION FOR EXPORT) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I

Inspection, packing, etc.

REGULATION

1. Inspection processes.
2. Examination to be discontinued in certain cases.
3. Destruction of copra not of exportable quality, etc.
4. Copra of inferior quality.
5. Packing.
6. Sealing.
7. Entry in the register.
8. Stacking.
9. Offences and penalties.

PART II

Check-test of copra at Ports

10. Check-tests of copra at ports of shipment.
11. Weighing of pieces of unsuitable copra and extraneous substances.
12. Rejection of copra for shipment.
13. Application of regulation 4 to defective copra after check-tests etc.

PART III

Provisions for pest control in copra 
14.    Treatment of copra by fumigation.

1. Warning notice.
2. Interference by unauthorised person.

PART IV

General

1. Interpretation.

1. Short title.

COPRA (INSPECTION FOR EXPORT) REGULATIONS
[under section 7]

[6th March, 1979]                       [Commencement.]

PART I

Inspection, packing, etc.

1. Inspection processes

(1)    Any Produce Inspector (in these Regulations called “the Inspector”) carrying out an inspection shall-

(a)    spread a quantity of copra evenly on clean tarpaulin spread on the ground or on cemented surface, but not on bare ground; and

(b)    inspect the nuts and take a representative sample.

(2)    The Inspector shall take random samples from any parcel or parcels and draw therefrom a further sample weighing 45 kilogrammes.

(3)    The Inspector shall exercise due diligence in the examination of the sample and shall take adequate care to sift from the sample such pieces of copra that are either immature nuts, discoloured, mouldy or broken.

(4)    Extraneous substances which are mixed up with copra shall also be extracted.

(5)    The Inspector shall weigh such pieces of defective copra and extraneous substances and calculate the result as a percentage of the representative sample examined.

(6)    The Inspector shall cause the result to be recorded in the register subject to paragraph (1) above, and where the result of examination shows that a particular parcel falls within a grade prescribed, it shall be so graded.

2. Examination to be discontinued in certain cases

Where upon examination the Inspector is satisfied that the copra in any bag or a sample therefrom is not dry, he shaJl so notify the owner and shall discontinue further examination.

3. Destruction of copra not of exportable quality, etc.

Where copra has been inspected whether it has been graded or not, the storekeeper shall so soon thereafter ensure that such pieces of copra which are not of exportable quality as well as other extraneous substances are removed from the registered produce store and destroyed at a distance reasonably removed from the store.

4. Copra of inferior quality

(1)    Without prejudice to regulation 3 of these Regulations, where copra is found to be of inferior quality, the Produce Officer shall-

(a)    detain such copra in the store where it is found and apply to the Magistrates Court in whose area of jurisdiction the store is situated for an order to destroy the copra or for an order that the copra be forfeited; and

(b)    notify the owner of the Produce Officer’s application for a court order.

5. Packing

(1)    After examination and grading, the copra shall immediately be packed in clean, sound and dry B-twill bags, and the bags shall-

(a)    be marked “copra” in letters at least 60 mm high; and

(b)    the bags shall be securely sewn at once without lugs by means of locked stitches placed not more than 2.5 cm apart.

(2)    The twine used in the sewing of the bags shall be strong and continuous with the end so disposed that no nuts are exposed and that the ends can be securely sealed.

6. Sealing

The Inspector who graded the copra shall seal each bag with the official seal issued to him for that purpose and each seal shall bear the design and letters, if any, of the seal press officially allotted to the Inspector.

8. Entry in the register

The storekeeper or his authorised agent, shall enter in the register the number of bags of copra graded by parcel on the same day, and shall sign against each entry, and the Inspector shall countersign each entry made by the storekeeper or his authorised agent in the register immediately after each entry is made.

9. Stacking

The storekeeper shall ensure that the bags of copra which have been graded and sealed are forthwith stacked on wooden platforms or such dunnage as may be considered suitable and adequate by a produce officer and arranged in such a manner that no part of a bag shall come in contact with the floor or a wall of the store.

10. Offences and penalties

Any person who-

(a)    exports or attempts to export copra without first complying with all the requirements of these Regulations; or

(b)    wilfully tampers with any package or graded copra; or

(c)    wilfully tampers with copra detained under regulation 4 of these Regulations; or

(d)    obstructs, resists or hinders an Inspector in the lawful exercise of his powers or duties under these Regulations; or

(e)    contravenes, or defaults in complying with, any provision of these Regulations,

shall be guilty of an offence and shall be liable on summary conviction to a fine of N 100 or to imprisonment for six months, or to both such fine and imprisonment.

PART II

Check-tests of copra at Ports

10. Check-tests of copra at ports of shipment

(1)    At any port of shipment where copra produce which has been inspected, graded, sealed and marked for export by the Produce Inspection Service of a State is delivered or presented for export, officers of the Federal Produce Inspection Service shall conduct check-tests on such copra produce.

(2)    For the purposes of these regulations, all the bags of copra available shall be divided into lots of fifty bags each and stacked five bags high in such a way that both the ends and sides can be examined.

(3)    The Inspector shall choose at random a number of bags, being not less than one- tenth of the total number of bags to be inspected, and each bag so chosen shall be emptied separately and its contents examined.

(4)    If upon examination of the representative bags of copra so chosen the Inspector is satisfied that the copra is thoroughly dry, he shall then proceed to examine the contents of such bags.

(5)    From the contents of each bag the Inspector shall draw a representative sample 45.44 kilogrammes in weight for every tonne weight of copra and shall examine each sample separately and shall sift from the samples pieces that-

(a)    are prepared from immature nuts; or

(b)    have shown signs of attack by insects; or

(c)    are mouldy; or

(d)    are discoloured; or

(e)    are broken; or

(f)     are extraneous substances.

11. Weighing of pieces of unsuitable copra and extraneous substances

(1)    The Inspector shall weigh the pieces of unsuitable cobra and extraneous substances which have been sifted, and the result shall be calculated as a percentage of each representative sample examined.

(2)    The Inspector who check-tested and passed such copra for shipment as export, shall ensure that all the bags in a parcel or lot are stamped with the letter stamp officially issued for that purpose.

12. Rejection of copra for shipment

(1)    If upon final check-test, a lot or parcel of copra already inspected, graded, sealed and marked for export by the Produce Inspection Service of a State, is found to be not of exportable quality, or if evidence exists that it has been tampered with, the copra  shall not
be passed for export but shall be rejected for shipment.

(2)    A written report of this finding shall be made by the Federal Produce Officer to the Head of the Federal Inspection Service located in the State concerned.

13. Application of regulation 4 to defective copra after check-tests, etc.

(1)    The provisions of regulation 4 of these Regulations (which relate to the destruction of copra not of exportable quality) shall apply to all defective copra and all extraneous substances found during check-tests.

(2)    Any person who contravenes or defaults in complying with the provisions of this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine of N50 or three months imprisonment or to both such fine and imprisonment.

PART III

Provisions for pest control in copra

14. Treatment of copra by fumigation

Whenever in the opinion of an Inspector it is desirable that a parcel of copra be subjected to treatment in order to render it pest-free, he shall proceed to treat the parcel by the process of fumigation.

15. Warning notice

During the process of fumigation, notice shall be duly put up warning any unauthorised persons to keep off the area.

16. Interference by unauthorised person

(1)    If in defiance of an express warning given under regulation 15 of these Regulations any unauthorised person-

(a)    so closely approaches the vicinity of the fumigation as to endanger his life or that of the person operating the fumigation plant; or

(b)    interferes in any way with such operation,

he shall be forthwith ordered by a Produce officer or an Assistant Produce Officer or any other officer authorised in that behalf by the Produce Officer to withdraw from such area  forthwith.

(2)    Where such an unauthorised person has been ordered to withdraw from the vicinity of the fumigation and he refuses to comply with the order he shall be guilty of an offence and shall on summary conviction be liable to a fine of N50 or to three months imprisonment or to both such fine and imprisonment.

PART IV

General

17. Interpretation

In these Regulations, unless the context otherwise requires-

“attacked by insect” means copra nut which has been damaged by insects;

“broken shell” means copra nut that is cracked or broken into pieces;

“discoloured” means copra nut which is pale in colour, or burnt by fire and smells like smoke;

“extraneous substances” means anything that is not copra found in a parcel of copra;

“immature nut” means copra nut which is not thoroughly ripe;

“mouldy” means copra nut which has developed mould and has consequently be-
come pale or dullish in colour with a bad smell;

“parcel of copra” means a quantity of copra of not more than fifty bags.

18. Short title

These Regulations may be cited as the Copra (Inspection for Export) Regulations.

COFFEE (INSPECTION FOR EXPORT) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I

Inspection, packing, ete.

REGULATION

1. Inspection processes.
2. Packing.
3. Sealing.
4. Entry into the store register.
5. Stacking.
6. Offences and penalties.

PARTII

Check-tests of coffee at Ports 

7. Check-testing of coffee for shipment.

REGULATION

8. Rejection of cotfee for shipment.
9. Scoop surplus.
10. Destruction of defective, etc., coffee.

PART III

Provisions for pest control in coffee

1. Treatment by fumigation.

1. Interference by unauthorised person.

PART IV

General

1. Interpretation.

1. Citation.

COFFEE (INSPECTION FOR EXPORT) REGULATIONS 
[under section 7]

[6th March, 1979]   [Commencement. ]

PART I

Inspection, packing, ete.

1. Inspection processes

(1)    Any Inspector carrying out an inspection shall-

(a)    spread a parcel of 100 bags of coffee evenly on a clean tarpaulin spread on the ground or on a clean firm and cemented surface;

(b)    take at random or in an indiscriminate manner, a representative sample, and out of this he shall draw a final sample weighing 710.23 kilogrammes;

(c)    spread this final sample on a clean smooth surface, preferably on a table which has no cracks or crevices but not on a concrete floor or on an empty bag.

(2)    The Inspector shall exercise care and diligence to pick out all extraneous matters or substances and impurities and shall divide the extraneous matters or substances and impurities so picked into three categories as follows-

(a)    stones;

(b)    insect-damaged, mouldy and black beans; and

(c)    other extraneous substances.

(3)   The Inspector shall weigh each category by the use of brass-fractional weights or lead seals and shall record the result as percentages of samples examined.

(4)    Where upon examination a parcel of coffee qualifies as being of exportable quality, it shall be sifted with a sieve of suitable mesh.

2. Packing

(1)    Where coffee has been inspected, and riddled as provided in regulation I of these Regulations, the Inspector shall soon thereafter bag the produce in sound dry B-twill bags.

(2)    The bags shall be sewn up at once by means of lock stitches placed not more than 2.5 cm apart and the twine shall be strong and continuous with the end so disposed that no knots are accessible and that the ends can be securely sealed.

3. Sealing

So soon as practicable after the inspection of the coffee, the Inspector who graded the coffee shall cause each bag of coffee to be sealed with the official seal issued to him for that purpose.

4. Entry into the store register

The storekeeper or his agent shall take charge of the produce and shall enter into his register kept for that purpose the number of bags of coffee graded parcel by parcel on the same day, and shall sign against each entry in the register and the Inspector shall counter-sign each such entry in the register immediately after such entries have been made.

5. Stacking

The storekeeper shall ensure that the bags of coffee which have been sealed and marked are forthwith stored on wooden platforms or such dunnage as a Produce Officer, an Assistant Produce Officer, a Produce Superintendent or an Inspector may consider suitable and adequate so however that no part of any bag shall come into contact with the floor or a wall of the store.

6. Offences and penalties

(1)    Any person who-

(a)    has in his custody, possession or control whether for his own use or benefit or for the use or benefit of any other person coffee intended for export which is not thoroughly dry or which contains impurities exceeding 10 per cent of the total weight; or

(b)    is an agent, servant or employee of any person having in his custody, possession or control such coffee; or

(c)    combines or mixes two or more varieties of coffee with a view to obtaining the price of a higher variety of coffee,

shall be guilty of an offence.

(2)    Any person who commits an offence under paragraph (1) (a) or (b) of this regulation shall on summary conviction be liable to a fine of NI 00 or to imprisonment for six
months or to both such fine and imprisonment.

(3)    Any person who commits an offence under paragraph (1) (c) above shall on summary conviction be liable to a fine of N400 or to imprisonment for six months or to both such fine and imprisonment.

PART II

Check-tests of coffee at Ports

7. Check-testing of coffee for shipment

(1)    Where coffee produce inspected, graded, sealed and marked for export by the Produce Inspection Service of any State is delivered at any port for shipment, officers of the Federal Produce Inspection Service shall conduct check-tests on the coffee produce.

(2)    For the purposes of these Regulations, all the bags of coffee shall be divided into lots not exceeding 100 bags each, and stacked five bags high so however that both the ends and the sides can easily be examined and scooped.

(3)    The Head of the Federal Produce Inspection Service may in writing prescribe that each bag in a lot shall be sampled at one or more points and prior to each sampling, the Inspector shall be satisfied that the bags and seals are intact after which he shall proceed to sample in the manner prescribed.

(4)    The Inspector shall draw from any such representative sample a further sample of 710.23 kilogrammes and shall pick out all extraneous matters and subdivide the same into-

(a)    stone;

(b)    insect-damaged, mouldy and black beans; and

(c)    other extraneous matters.

(5)    The Inspector shall weigh each category of impurities by the use of brass fractional weights or lead seals, and shall record the results in his official notebook.

(6)    Where the result of the check-test shows the parcel or lot can be graded as provided in regulation 1 above, the parcel or lot shall be so graded and shall forthwith be passed for shipment for export.

(7)    The Inspector who check-tested and passed such coffee for shipment for export shall ensure that all the bags of such coffee in a parcel or lot are stamped with the letter stamp officially issued to him for that purpose.

8. Rejection of coffee for shipment

Without prejudice to regulation 7 (3) of these Regulations, where upon final check-test, a lot or parcel of coffee in bags which has already been inspected, graded, sealed and marked for export by the Produce Inspection Service of a State, is found not to be of exportable quality or if evidence of tampering is found, the coffee shall not be passed for export but shall be rejected for shipment for export and a written report of any such rejection shall be made by the Federal Produce Officer to the Head of the Produce Inspection Service of the State from where the coffee was delivered to the port of shipment.

9. Scoop surplus

Surplus coffee after check-tests by the Federal Produce Inspectors shall be weighed and a note of the weight of the surplus and the date of the check-test written in ink in the special register provided in the store concerned for this purpose and signed by the store-keeper of the store, and the surplus coffee shall be re-bagged and taken into stock.

10. Destruction of defective, etc., coffee

(1)    So soon after the checklist, and whether or not the coffee has been passed for shipment for export, the storekeeper shall ensure that all defective coffee beans and all other extraneous matters removed in the course of inspection and subsequent check-test are taken away from the registered produce store and destroyed at a safe distance from the store.

(2)    Any person who contravenes or fails to comply with any of the provisions of this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine of N50 or to imprisonment for three months or to both such fine and imprisonment.

PART III

Provisions for pest control in coffee

11. Treatment by fumigation

(1)    Whenever in the opinion of an Inspector it is desirable that a parcel of coffee be subjected to treatment in order to render it pest-free, he shall proceed to treat the parcel by the process of fumigation.

(2)    During the process of fumigation, notice shall be duly put up to warn unauthorised persons to keep off the area.

12. Interference by unauthorised person

(1)    If in defiance of an express warning given under regulation 11 (2) of these Regulations any unauthorised person-

(a)    so closely approaches the vicinity of the fumigation as to endanger his life or that of any other person; or

(b)   interferes in any way with such operation,

he shall be ordered by a responsible officer or any officer authorised in that behalf to withdraw from such area forthwith.

(2)    Where such an unauthorised person has been ordered to withdraw from the vicinity of the fumigation and he refuses to comply with the order he shall be guilty of an offence and shall be liable on summary conviction to a fine of N50 or to an imprisonment for three months or to both such fine and imprisonment.

(3)    Where a person charged with an offence under this regulation contends that he was an authorised person at the time of the offence, the onus shall be on him to prove that he had such an authority.

PART IV

General

13. Interpretation

In these Regulations, unless the context otherwise requires-

“broken bean” means coffee which is not a whole bean;

“extraneous matter” means any other substance or matter which is not coffee of the type to be tested;

“insect-damaged” means coffee which has been attacked by insects;

“suitable mesh” means sieves 1/10 for Robusta coffee, Arabica coffee and 1/16 for Liberica coffee;

“thoroughly dry coffee” means coffee which when held in hand and squeezed moves freely over one another with crisp sound.

14. Citation

These Regulations may be cited as Coffee (Inspection for Export) Regulations.