PRODUCE INSPECTION LAW OF LAGOS STATE
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PRODUCE INSPECTION LAW
ARRANGEMENT OF SECTIONS
1. Establishment of Produce Inspection Board
2. Functions of the Board
3. Produce to which the Law applies
4. Constitution and proceedings of the Board
5. Appointment of produce officers and produce inspectors
6. Powers of entry and seizure
7. Treatment of detained produce
8. Power to re-examine produce
9. Power of State Commissioner to make regulations
10. Emergency orders for pest control
11. Pest infestation
12. Wrongful grading an offence
13. Unauthorised use or possession of seals, etc.
14. Offences generally
15. Offences in relation to samples
16. Offences in relation to delay, etc., of inspection, grading, etc.
17. Forfeiture of produce and receptacle thereof
18. Prosecutions
19. Power to sue for fees
20. Presumption as to intention to export
21. Protection of public officers
22. Interpretation
23. Citation and Commencement
SCHEDULE 1
PRODUCE TO WHICH THIS LAW APPLIES
SCHEDULE 2
CONSTITUTION OF THE BOARD
PRODUCE INSPECTION LAW
A LAW TO MAKE PROVISION FOR THE INSPECTION OF PRODUCE FOR EXPORT, FOR THE PURPOSE OF ENFORCEMENT OF GRADES AND STANDARDS OF QUALITY IN RESPECT OF SUCH PRODUCE, AND FOR MATTERS INCIDENTAL TO THE FOREGOING MATTERS
[1968 No.10]
[Commencement] [1st April, 1968]
1. Establishment of Produce Inspection Board
(1) There will be established a Board to be known as the Lagos State Produce Inspection Board (hereinafter in this Law referred to as “the Board”).
(2) The Board shall consist of a Chairman and six (6) other members as follows
(a) a Chairman who will be the Permanent Secretary, Ministry of Agriculture and Co-operatives;
(b) a representative of the Ministry of Finance and Economic Development not below the grade of Senior Assistant Secretary;
(c) the Head of the Produce Inspection Service of the State;
(d) a representative of the Deputy Governor’s Office not below the grade of Senior Assistant Secretary; and
(e) three (3) other members, two (2) of those members shall be persons having knowledge or experience of produce trade.
(3) Subject to the provisions of subsection (2)(a) above the members of the Board shall be appointed by the Governor.
2. Functions of the Board
The functions of the Board will be –
(a) to advise the State Commissioner concerning the making of regulations under section 9;
(b) to advise the State Commissioner on any matter concerning this Law, or its application, or any matter relating to produce inspection generally.
3. Produce to which the Law applies
(1) This Law must apply to the produce listed in Schedule 1, being produce intended for export, and the word “produce” will be construed accordingly.
[Schedule 1.]
(2) The Governor, with the advice of the Board, may by order add to or delete from the list of produce in Schedule 1.
(3) In relation to the making of an order under the preceding section the Governor will not be bound to accept the advice of the Board.
4. Constitution and Proceedings of the Board
The provisions of Schedule 2 shall have effect with respect to the constitution of the Board and the other matters therein mentioned.
5. Appointment of Produce Officers and Produce Inspectors
The Civil Service Commission of the State may appoint fit persons to be produce officers and produce inspectors for the purpose of this Law.
6. Powers of Entry and Seizure
(1) For the purpose of carrying out duties under this Law any produce officer, assistant produce officer, senior produce inspector or inspector in uniform, shall have power exercisable within the State but not within any port
(a) to enter at all reasonable times any building or place in which there is a reason to suppose that any produce which is subject to this Law, or to regulations made thereunder, is stored, and inspect and take samples of any such produce stored, whether or not such produce has previously been inspected or graded;
(b) to stop any person who is 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 such produce and to call upon the person in charge or person appearing to be in charge of such vehicle, boat, canoe or animal 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) above to proceed in or with the particular means of conveyance employed to the nearest suitable place within the State for the purpose of depositing the seized produce and containers thereof;
(d) to seize and detain any produce which is reasonably suspected to have been adulterated, or in respect of which an offence under this Law appears 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) to call upon any person with any information which may reasonably be required for the purpose of investigating any offence under this Law.
(2) Except as provided in paragraph (e) of subsection (1) above, any person who seizes and detains any produce or receptacle under this Law must immediately report the fact to the Head of the Produce Inspection Service and the Police.
7. 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, senior produce inspector or inspector may order that it must be so packed, and the owner of the produce and the person in charge thereof at the time of seizure will 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 must be sealed in receptacles to the satisfaction of a produce officer, assistant produce officer, senior produce inspector or inspector and will not be removed or cleaned except with the written permission of a produce officer or until the 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 this Law has been determined:
Provided that,
(a) unless a charge against some person is made, or a complaint for forfeiture is laid within the period of three (3) months after the seizure, the seized produce will be released from detention;
(b) notwithstanding anything contained in section 290 of the Administration of Criminal Justice Law, where a person charged with an offence under this Law in respect of any produce has been acquitted or discharged, the court will not order the release of the produce until fourteen (14) days have elapsed from the date of the judgment of acquittal or discharge, or until a produce officer has notified the court in writing of the 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 writing within the said period of fourteen (14) days, of the intention to institute further proceedings in respect of the produce or to appeal against the judgment of acquittal or discharge, the court will not order the release of the produce pending the determination of such proceedings or appeal.
(3) Notwithstanding the provisions of subsection (2) above, a produce officer may order that any produce which has been seized and detained may be removed and kept under detention in other premises approved by him.
(4) A produce officer may allow the owner or person in charge of seized produce to clean it before being dealt with in accordance with the provisions of subsection (2) or (3) above, if an application is made or where the produce officer considers that the storage of the produce in that condition will result in further damage or deterioration.
8. Power to re-examine Produce
(1) A produce officer, assistant produce officer, senior produce inspector or inspector may re-examine any produce which has been inspected, passed or graded, and for that purpose may take all such steps in that behalf, including the opening of packages, as he may deem necessary.
(2) If upon such re-examination it is found 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 must not be removed from the place of re-examination until it has been properly graded, passed and marked in accordance with the provisions of this Law and any regulations made thereunder:
Provided that the produce officer, assistant produce officer, senior produce inspector or inspector may direct that the produce be removed to a suitable place where it may be properly passed, graded and marked.
(3) If upon such re-examination it is found that the produce has been adulterated, or that an offence has been committed in respect of the produce, the produce officer, assistant produce officer, senior produce inspector or inspector must deal with the produce in accordance with the provisions of sections 6 and 7 of this Law.
(4) The owner of any such produce re-examined under the provisions of this section may appeal within twenty-one (21) days to the Head of the Produce Inspection Service of the State, or to an acting officer on his behalf, against the decision made on either the examination or the re-examination.
9. Power of State Commissioner to make Regulations
(1) Subject to subsection (2) of this section, the State Commissioner with the advice of the Board may make regulations providing for –
(a) the precautions which will be taken to prevent the occurrence and spread of pest infestation in produce by means of inspection thereof and the powers and duties of officers concerned in pest control;
(b) the inspection and grading of produce according to its quality and purity and prohibiting or regulating any dealings with or processing of any produce which has not been so inspected and graded or which does not conform to standards prescribed in accordance with the provisions of the Export of Nigerian Produce Act, or any other law;
[L.F.N. Cap. 119. E20 of 2010]
(c) the structural conditions to which stores or buildings used or partly used for the inspection, grading and storage of produce must conform, and the regulation, licensing, classification and numbering of such stores or buildings, and for the conditions under which produce shall be stored;
(d) prohibiting the inspection and grading of produce on any premises which do not conform to the prescribed conditions, or which have not been registered;
(e) 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 of the same;
(g) the type of marking appliances to be used by examiners and the designs or letters to be placed on such marking appliances and the types of seals, presses, or punch-dies to be used by any officer of the Produce Inspection Service of the State 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 in accordance with regulations made under paragraph (C) above for the storage of specified produce, and for the inspection of such register by specified officers;
(i) what must be deemed to constitute adulteration for the purposes of this Law, in respect of any description of produce;
(j) penalties for offences against any regulation made hereunder not exceeding a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or both;
(k) the powers and duties of produce officers, assistant produce officers, senior produce inspectors 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 the power and duties of 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) the conditions for the working of overtime by assistant produce officers, senior produce inspectors 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 licenses which may be prescribed and the conditions which may be attached thereto;
(o) the inspection, suspension or cancellation of licenses, the refusal to grant licenses and appeals in respect of such refusal;
(p) the appointment of markets and inspection stations;
(q) the conditions under which the sale and purchase of produce may be carried out within any specified area or within any period of time whether by license or at prescribed markets, save that the State Commissioner must not prescribe conditions in respect of any produce the control or marketing of which has been placed in any other authority under the provisions of any other written law;
(r) requiring purchasers of produce at prescribed markets to advertise the prices which they are paying for such produce and prescribing the method by which such prices will be advertised, save that the State Commissioner must not make such requirements or prescribe such methods in respect of any produce the control and marketing of which has been placed in any other authority under the provisions of any other written law;
(s) prescribing and providing for the enforcement of necessary precautions against fire in markets and produce stores;
(t) the collection, disposition, allocation, reimbursement or waiver of any prescribed fees;
(u) the exemption, from any provision of regulations made under this Law, of any produce or any particular species thereof, or of any person, body of persons or company dealing in such produce or species thereof;
(v) generally for the better carrying into effect of the provisions of this Law.
(2) In relation to the making of regulations under subsection (1) above the State Commissioner will not be bound to accept the advice of the Board, and in urgent cases the State Commissioner may make regulations without the advice of the Board.
10. Emergency orders for Pest Control
(1) In the event of an outbreak of serious pest infestation, the Governor may by order published in the Gazette provide for the immediate steps which are necessary 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 of its provisions not exceeding a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or both.
11. Pest Infestation
Where any produce is found to be infested or suspected to be infested with any pest
(a) a produce officer may make such order as necessary for the treatment of such pest; and
(b) on the failure of the owner of the produce to comply with any order, the officer who made the order, or any authorised person in that behalf in writing, may enter upon any land or premises and carry out such measures as necessary to prevent the spread of the pest, at the owner’s expense.
12. Wrongful Grading an Offence
(1) A produce officer, assistant produce officer, senior produce inspector or inspector who knowingly passes or grades produce for export which is not of exportable standard will be guilty of an offence, and liable on conviction to a fine of One Hundred and Eighty Thousand Naira (N180,000.00) or to imprisonment for one (1) 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 the person’s consent, the onus of proving such unauthorised use will be on the defendant.
(3) In any prosecution under this section it will be sufficient for the prosecution to prove the person charged to be a produce officer, assistant produce officer, senior produce inspector or inspector as the case may be, and that the officer 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 wrongful grading was not done knowingly will be upon the person charged.
13. 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 provision of this Law; or
(b) is found in possession of any such articles 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) will be guilty of an offence, and will be liable to a fine of One Hundred and Eighty Thousand Naira (N180,000.00) or to imprisonment for one (1) year, or to both such fine and imprisonment.
14. Offences generally
(1) Any person who –
(a) hinders or molests any produce officer, assistant produce officer, senior produce inspector, inspector or other person charged with any duties or powers under this Law or any regulations made in the exercise of any duties or powers;
(b) without lawful excuse, fails to comply with any order lawfully given under the provisions of this Law or of any regulations made;
(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, senior produce inspector, or inspector in accordance with the provisions of this Law or of any regulations made;
(d) without lawful excuse, breaks or removes any seal placed upon a receptacle containing produce by a produce officer, assistant produce officer, senior produce inspector 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 6, 7 and 8 of this Law, 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 Law or of any regulations made thereunder, 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 custody or under control whether for sale or other purpose, and whether for the use or personal benefit 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 the containers of which have been tampered with as described in this section;
(i) any produce which has been substituted for produce which has been passed or graded; or
(iii) any adulterated produce;
(h) adulterates, or causes to be adulterated or negligently or otherwise permits the adulteration of any produce, will be guilty of an offence, and liable on conviction to a fine of One Hundred and Eighty Thousand Naira (N180,000.00) or to imprisonment for one (1) year, or to both such fine and imprisonment.
(2) In any prosecution for an offence under this section, the onus of proving the existence of a lawful excuse will lie on the person charged.
(3) A person will not be convicted of an offence under paragraph (g) of subsection (1) above if the person proves to the satisfaction of the court that –
(a) the person did not know and could not with reasonable diligence have known that the produce or containers had been tampered with or been substituted as mentioned;
(b) and had taken all reasonable precautions against the commission of the offence;
(c) upon discovery that an offence had been or was being committed the person made immediate report in writing to a produce officer; and
(d) on demand made by a produce officer, assistant produce officer, senior produce inspector or inspector, the person gave all the information with respect to the produce and the containers thereof, the person from whom the produce was and the person who conveyed or delivered it or to any agent or into the possession, custody or control of the person or any such other person.
15. Offences in relation to Samples
A person authorised to take samples under the provisions of this Law or of any regulations made thereunder, who employs or disposes of such samples or any part thereof for personal gain or use or for any purpose other than that for which provision is made under this Law or any other written law, will be guilty of an offence and liable on conviction to a fine of One Hundred and Eighty Thousand Naira (N180,000.00) or to imprisonment for one (1) year, or to both such fine and imprisonment.
16. Offences in relation to Delay, etc., of Inspection Grading, etc.
A produce officer, assistant produce officer, senior produce inspector or inspector who, without lawful excuse, proof of which shall lie upon the officer, delays, detains or refuses to inspect, pass or grade produce for export will be guilty of an offence and liable on conviction to a fine of One Hundred and Eighty Thousand Naira (N180,000.00) or to imprisonment for one (1) year, or to both such fine and imprisonment.
17. Forfeiture of Produce and Receptacle thereof
(1) On the conviction of any person for an offence under this Law in respect of any produce of which such person is a 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 will be destroyed or forfeited or that such produce will be cleaned by the owner to the satisfaction of a produce officer, assistant produce officer, senior produce inspector or inspector and thereafter will be released for sale or export.
(2) Where any produce or receptacle has been seized and detained under the provisions of sections 6, 7 or 8 of this Law, and the owner thereof is unknown or cannot be found, or the produce is adulterated or is of such inferior quality that it cannot be cleaned to an exportable standard, or its retention in that condition may endanger the quality of any other produce with which it may come into contact, or a produce officer 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 be laid before a 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 unless cause is shown to the contrary, the magistrate will order that the produce or receptacle be forfeited and disposed of in such manner as the Board may direct.
18. Prosecutions
(1) Any prosecution for an offence under this Law may be brought in the name of the Director of Public Prosecutions of the State and may be conducted by the Director of Public Prosecution or through officers assigned to the Public Prosecutions Division of the Lagos State Ministry of Justice.
(2) Notwithstanding the provisions of subsection (1) above prosecutions for an offence under this Law (other than those conducted by the Director of Public Prosecutions of the State, and those in respect of offences under sections 12 and 16 above) may be brought in the name of the Head of the Produce Inspection Service of the State and may, subject to the consent of the Board, be conducted by the Head of the Produce Inspection Service or by members of staff or by the Police, as the case may be.
19. Power to Sue for Fees
(1) Any fees due under the provisions of this Law or any regulations made thereunder may be recovered as a civil debt due to the Government of the State.
(2) All such fees will be paid into the consolidated revenue fund of the State.
20. Presumption as to Intention to Export
In any proceedings against any person for an offence under this Law or any regulations made thereunder, it will not be necessary to prove that the produce which is the subject of the charge was intended for export and, unless the contrary be proved, such produce will be presumed to have been intended for export.
21. Protection of Public Officers
(1) Where any proceedings whether civil or criminal are brought against any public officer in respect of any act done in pursuance of any provisions of this Law or of any regulations made thereunder, it will be a good defence for the officer to show that there was reasonable and probable cause for the act in respect of which the proceedings are brought.
(2) An act or thing done by any public officer bona fide for the purpose of carrying out any provisions of this Law or of any regulations made thereunder will not subject the officer personally to any action, liability, claim or demand whatsoever:
Provided that nothing herein contained will exempt any person from any proceeding by way of mandamus, injunction, prohibition or similar order.
22. Interpretation
In this Law, unless the context otherwise requires –
“assistant produce officer” means an officer of that rank in the Produce Inspection Service of the State;
“the Board” means the Lagos State Produce Inspection Board, established under section 1;
“buy” includes exchange or barter, whether for goods or services, and any agreement or contract to buy, exchange or barter;
“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;
[L.F.N. Cap. 119. E20 of 2010]
“inspector” means a produce inspector of the Produce Inspection Service of the State and includes any person appointed under section 5 above as a produce officer or produce inspector for the purposes of this Law;
“licensed buying agent” means a person or firm, or a servant of such person or firm, licensed as such agent, under the provisions of the Commodity Boards Act;
[L.F.N. Cap. 58. C17 of 2010]
“the Governor” means the Governor of Lagos State;
“pest” means any vermin, insect, parasite, fungus, bacterium or disease harmful to produce;
“possess for sale” in relation to produce includes 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 Law;
“produce officer” means any officer of the Produce Inspection Service of the State of or above the rank of produce officer or pest infestation control officer;
“senior produce inspector” means an officer of that rank in the Produce Inspection Service of the Lagos State;
“State Commissioner” means the State Commissioner charged with responsibility for Agriculture and Co-operatives.
23. Citation and Commencement
This Law will be cited as the Produce Inspection Law and shall come into force on 1st April 1968.
FIRST SCHEDULE
[SECTION 3]
PRODUCE TO WHICH THIS LAW APPLIES
1. Capsicums
2. Cocoa
3. Copra
4. Fruit
5. Fruit products (other than oils)
6. Cassava Starch
7. Palm Kernels
8. Palm Oil
9. Rubber
SECOND SCHEDULE
[SECTION 4]
CONSTITUTION OF THE BOARD
Tenure of Office of Members
1. (1) Any member of the Board, not being an ex officio member, may by notice in writing to the Governor resign the membership, but subject to the provisions of this Schedule, every such member of the Board, will hold office for three years from the date of appointment.
(2) Membership of the Board as first constituted and any change in the membership will be published in the State Gazette.
Power of Board to Co-opt Persons
2. 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 will whilst so co-opted have all the rights and privileges of a member of the Board, that the person will not be entitled to vote on any question, or count towards a quorum.
Meetings of the Board
3. (1) The Board must meet at such times as may be necessary or expedient for the transaction of business and such meetings will be held at such places and times and on such days as the Board may determine.
(2) The Chairman may at any time call a special meeting of the Board:
Provided that the Chairman will within seven (7) days of a written requisition for that purpose addressed to the Chairman by the Governor, or by not less than three (3) members of the Board, requiring to call a special meeting, call such a meeting.
(3) The quorum of the Board must be three (3).
(4) The Chairman will preside at every meeting of the Board at when present and if absent at any meeting, the members present will appoint one of their number to preside at that meeting.
(5) The Chairman or other member presiding at any meeting will have a deliberative vote, and where there is an equality of votes cast at a meeting the Chairman or other member presiding at that meeting will also have a casting vote.
(6) Subject to the foregoing provisions of this paragraph, the Board will have the power to regulate its own proceedings.
(7) The validity of any proceedings of the Board must not be affected by any vacancy amongst the members or any defect in the appointment of a member.
SUBSIDIARY LEGISLATION
PRODUCE INSPECTION REGULATIONS
[SECTION 9 L.S.L.N. 11 OF 1968.]
Regulations
1. Exemption
2. Responsibility for inspection
3. Appointment of produce markets and inspection stations
4. Times of inspection and provision of materials, etc.
5. Power to refuse inspection for export
Re-Inspection of Produce
6. Re-inspection
7. Fees for re-inspection
Provisions for Overtime Work
8. Working hours
9. Overtime
10. Fees for overtime
Registration of Produce Stores
11. Application for registration
12. Certificate to be displayed
13. Cancellation of certificates
14. Return of cancelled certificates
15. Annual cleaning of stores compulsory
16. Re-issue of Certificate
17. Restriction on use of stores
18. Access to stores
19. Produce to be passed and stored at registered produce store
20. Power to order removal of produce
Produce Registers
21. Registers
General Provisions
22. Precautions against fire
23. Protection from water of produce in transit
24. Provision of waterproof covering for motor vehicles
25. Protection of passed produce
Licensing of Storekeeper
26. Licensing authority
27. Application for license
28. Issue of licenses
29. Licenses to be free
30. Validity of licenses
31. Period of validity
32. Conditions of license holder
33. Transfer of license
34. Return of license
35. Death of storekeeper
36. Purchase of produce at registered produce store
37. Interpretation 38. Citation and commencement
SCHEDULES
FIRST SCHEDULE
CERTIFICATE OF REGISTRATION OF A REGISTERED PRODUCE STORE
SECOND SCHEDULE
REGISTERS
THIRD SCHEDULE
APPLICATION FOR A LICENCE TO BUY AND/OR STORE PRODUCE UPON THE PREMISES OF A REGISTERED PRODUCE STORE OR STORES
FOURTH SCHEDULE
LICENCE TO BUY AND/OR STORE PRODUCE UPON THE PREMISES OF A REGISTERED PRODUCE STORE OR STORES
PRODUCE INSPECTION REGULATIONS
[S.9. L.S.L.N. 11 OF 19681
[Commencement] [1st April, 1968]
1. Exemption
Produce to which these Regulations apply, brought into Lagos from any place outside Nigeria for subsequent export, will not be deemed to be produce exported or shipped or intended for export, within the meaning of these Regulations.
2. Responsibility for Inspection
The inspection and passing of produce for export in Lagos may, subject to the provisions of the Law, be carried out by the Produce Inspection Service of the Government of the Lagos State.
3. Appointment of Produce Markets and Inspection Stations
(1) A list of produce markets and inspection stations with the advice of the Produce Inspection Board, shall be determined by the Head of the Produce Inspection Service, or any person acting, and published in the Gazette.
(2) A produce must not be passed or graded for export except at a produce market or inspection station appointed under the provisions of these Regulations.
4. Times of Inspection and Provision of Materials, etc.
(1) For the convenience of export merchants or licensed buying agents times will be appointed, at the discretion of the produce officer concerned, during which produce inspectors will attend at registered produce stores to inspect or re-inspect produce.
(2) Where such arrangements are made the export merchant or licensed buying agent must provide, and maintain in good condition, at personal expense, scales and weights, triers, tarpaulins, trays, measures, sieves and all other apparatus necessary for the inspection, grading and passing of produce for export, together with an adequate supply of sound containers.
5. Power to refuse Inspection for Export
Where any export merchant or licensed buying agent fails to comply with the provision of regulation 4, a produce officer may refuse to inspect or pass produce for export at the registered produce store concerned, provided that as soon as the export merchant or licensed buying agent complies with the said regulation, the produce officer will thereupon allow the inspection and passing of produce at that registered produce store.
RE-INSPECTION OF PRODUCE
6. Re-Inspection
Any export merchant or licensed buying agent may apply in writing to a produce officer for any produce which has already been inspected and passed for export to be re inspected, and a produce officer or assistant produce officer may permit such re inspection
7. Fees for Re-Inspection
(1) A fee of Two Hundred Naira (N200.00) per hour or part thereof shall be charged for the services of each examiner in respect of re-inspection of produce already inspected and passed for export,
(2) In this Regulation the word “hour” means sixty (60) consecutive minutes or, when separate inspections are made in one day, sixty (60) minutes in the aggregate during the course of any one day.
PROVISIONS FOR OVERTIME WORK
8. Working hours
All days except Sundays and Public Holidays shall be working days for examiners, and will consist of five (5) hours on Saturdays and seven and a half (7.5) hours on other working days:
Provided that the Head of the Produce Inspection Service may alter the working days or fix the limits of the periods constituting the working days, and provided further that such working hours will not, subject to the provisions of regulation 9, exceed forty two and a half (42.5) hours per working week.
9. Overtime
(1) Overtime work will not be done except with the permission of the Head of the Produce Inspection Service.
(2) Permits may be granted, on written application to a produce officer or assistant produce officer, to allow work on Sundays and Public Holidays and before or after working hours on any working day.
10. Fees for Overtime
(1) When overtime is done at the request of an export merchant or licensed buying agent on a Sunday or public holiday or at a time other than during the working hours fixed in accordance with the provisions of regulation 8, the export merchant or licensed buying agent shall pay the following fees for the services of officers required to do the overtime
Rank of Officer For every hour or Part thereof
=N=
Assistant Produce Officer …………………………………………………………………………………………………………………………………………500
Senior Produce Inspector ……….…………………………………………………………………………………………………………………………………250
Produce Inspector, Grade 1 …………………………………………………………………………………………………………………………………………200
Produce Inspectors, Grade 2……… ……………………………………………………………………………………………………………………………150
(2) A person requiring the services of an officer as in paragraph (1) of this Regulation will, in addition to the fees paid for the services of such officer, pay fees for such disciplinary visits at the rates set out in paragraph (1) as may be necessary to supervise the work of such officer, provided that disciplinary visits on account of more than one firm during the same period of time will be paid by each firm pro rata.
(3) In this Regulation, for the purpose of computing overtime fees, “hour” means 60 consecutive minutes or, when separate inspections are made in one day, sixty (60) minutes in the aggregate during the course of any one day.
(4) The Head of the Produce Inspection Service may authorise to be paid to officers in respect of overtime services, such sums as may be determined, in each case, not less than one half of the sums prescribed in paragraph (1) of this Regulation.
REGISTRATION OF PRODUCE STORES
11. Application for Registration
(1) Any export produce merchant or licensed buying agent may apply in writing to a produce officer to register any specified building and premises within the State as a registered produce store.
(2) As soon as may be convenient after the receipt of such written application the produce officer will inspect such building and premises.
(3) (a) If the produce officer upon inspection finds such building to be rainproof, well ventilated, well floored, clean, adequately supplied with suitable dunnage, free from undue insect and rodent infestation and from normal risk of flooding by surface water, and suitable in all other respects for the inspection, passing and storage of produce; and
(b) considers that the registration of such building and premises is necessary having regard to –
(i) the volume of produce which may be presented for inspection or grading, or
(ii) the volume of produce which may be required to be stored at any one time,
he must register such building and premises as a registered produce store for the inspection and
storage of produce or of any class of produce and shall issue, without fee or charge, a Certificate of
Registration in the form prescribed in the First Schedule.
[First Schedule]
12. Certificate to be Displayed
The storekeeper will ensure that the Certificate of Registration is prominently and permanently displayed in the registered produce store to which it relates.
13. Cancellation of Certificates
Where a produce officer considers that a registered produce store is no longer suitable for the inspection, passing and storage of produce, the officer must give notice in writing to the export produce merchant or licensed buying agent thereof, setting out the defects of such building or premises and after thirty (30) days from the date of such notice, if the defects have not been remedied, the produce officer may cancel the Certificate of Registration of such registered produce store forthwith and thereupon the building and premises will cease to be a registered produce store.
14. Return of Cancelled Certificates
(1) If a Certificate of Registration is cancelled under either regulation 13, or regulation 15, the export merchant or licensed buying agent who applied therefor will within seven (7) days from the date of cancellation thereof deliver up such certificate to the produce officer in charge of the area in which the registered produce store concerned is situated
(2) If an export merchant or licensed buying agent ceases to operate at a registered produce store for any reason other than the cancellation under regulation 13 or regulation 15 of the Certificate of Registration relating thereto such export merchant or licensed buying agent will within seven (7) days deliver up such certificate to the produce officer in charge of the area in which such registered produce store is situated, for cancellation, and upon such cancellation the building and premises to which it relates will cease to be a registered produce store.
(3) Any person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of Five Thousand Naira (N5,000.00).
(4) Where a produce officer finds that the provisions of paragraph (2) of this Regulation have not been complied with he may cancel the Certificate of Registration in respect of the registered produce, store concerned.
15. Annual Cleaning of Stores Compulsory
At least once in each year the ceilings, internal frame work, walls, floors and drainage of every registered produce store will be thoroughly cleaned to the satisfaction of a produce officer. Whitewash or such other materials as a produce officer may approve shall then be applied as he may consider necessary. If such work is not carried out a produce officer may cancel the Certificate of Registration as provided in regulation 13. Upon such cancellation the building and premises will cease to be a registered produce store.
16. Re-issue of Certificate
Upon the cancellation of a Certificate of Registration no new Certificate of Registration shall be issued in respect of the same building and premises until a produce officer considers such to be justified having regard to the provisions of regulations 12 and 15.
17. Restriction on Use of Stores
(1) Except with the permission of a produce officer or assistant produce officer, no registered produce store must be used for any purpose other than those connected with the sale, purchase, inspection, passing, grading and storage of produce for export.
(2) In every registered produce store such materials, as a produce officer or assistant produce officer may consider necessary for the elimination or control of insect pests and rodents will be provided by the export produce merchant or licensed buying agent and shall be used by the storekeeper in such manner and at such times as a produce officer or assistant produce officer may direct.
(3) In every registered produce store the storekeeper shall take all such steps as are necessary to prevent livestock from entering such store, and failure to do so shall constitute an offence. In the event of any graded produce or its containers becoming defiled or contaminated by livestock in such store, a produce officer may order that the produce be cleaned or placed in different containers.
(4) Any person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of One Hundred and Eighty Thousand Naira (N180,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
18. Access to Stores
(1) Where any building and premises have been registered as a registered produce store, the storekeeper must ensure that access to and entry into any part of such store is readily available to authorised persons at any time during the working hours fixed for Lagos in accordance with the provisions of regulation 8, including any hours of overtime permitted under regulation 9, and failure to do so must constitute an offence:
Provided that the provisions of this Regulation will not apply to a storekeeper who has given notice in writing to the produce officer in charge of his intended absence.
(2) Any person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of Thirty Five Thousand Naira (N35,000.00) or imprisonment for two (2) months or to both such fine and imprisonment.
19. Produce to be passed and stored at Registered Produce Store
(1) An examiner shall pass or grade for export any produce except upon the premises of a registered produce store, registered for the inspection and storage of that class of produce, and no person shall store except upon such premises any produce which has been inspected, passed and sealed for export.
(2) Any person who contravenes or fails to comply with any of the provisions of this Regulation except as provided in regulation 20, will be liable on summary conviction to a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
20. Power to order Removal of Produce
Notwithstanding the provisions of regulation 19, a produce officer may order that any produce be removed from a registered produce store if he considers it desirable on account of accident, fire, contamination or insect infestation, and such removal must be carried out by and at the expense of the export produce merchant or licensed buying agent.
PRODUCE REGISTERS
21. Registers
(1) Every export merchant or licensed buying agent will provide and every storekeeper shall maintain, in respect of the registered produce store concerned, registers in the forms prescribed in the Second Schedule, or as near thereto as circumstances permit in such manner as a produce officer may approve in writing. Such register shall be kept in the registered produce store to which it relates in the custody of the storekeeper who will produce the same for inspection upon demand made by a produce officer, assistant produce officer or produce inspector during working hours, including any hours of working permitted in accordance with the provisions of regulation 9.
[Second Schedule.]
(2) The storekeeper will cause all of the pages of each register to be numbered consecutively, with no omissions, by the use of legible markings, made with ink.
(3) The storekeeper will make or cause to be made the appropriate entries in each register in regard to each transaction on the same day as the transaction takes place, whether it be a transaction connected with the receipt of produce already inspected, passed and sealed for export, or with the dispatch of such produce or with the inspection, passing and sealing of such produce upon the premises of the registered produce store concerned. All responsibility in connection with every entry required to be made in accordance with this paragraph shall lie upon the storekeeper.
(4) Where an entry in the register has been made in accordance with paragraph (3) of this Regulation in connection with the inspection and passing of produce upon the premises of a registered produce store, the produce inspector who inspected and passed such produce shall on the same day inspect the entry. If the entry is inaccurate he shall require the storekeeper or person duly authorised by him in that behalf to cancel such inaccurate entry and to insert a correct entry. The produce inspector shall at once sign a correct entry and shall at once enter in the register the figures showing the result of the test on each parcel of produce inspected and passed by him. The storekeeper or any person duly authorised by him in that behalf shall sign the entries in the register.
(5) A storekeeper or an examiner who –
(a) neglects to make or cause to be made an entry in the register as required under the provisions of this Regulation;
(b) makes or causes to be made a false entry therein; or
(c) renders illegible or mutilates, or causes to be rendered illegible or mutilated any entry therein, shall be guilty of an offence.
(6) Where a storekeeper has authorised any person to sign on his behalf the register in which an entry has been made in accordance with the provisions of this Regulation the responsibility for any such entry shall be prima facie that of such storekeeper.
(7) A storekeeper shall not authorise an examiner to sign the register on his behalf.
(8) In any prosecution for an offence under this Regulation the onus of proving that the defendant has not
(a) neglected to make or cause to be made an entry in the register;
(b) made or caused to be made a false entry therein; or
(c) rendered illegible or mutilated or caused to be rendered illegible or mutilated any entry therein, shall lie upon the defendant.
(9) When a storekeeper ceases to operate at a registered produce store he shall within seven (7) days deliver all registers which have been in use in respect of that store to the produce officer in charge of Lagos for examination and retention by the produce officer.
(10) Any person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
GENERAL PROVISIONS
22. Precautions against Fire
(1) A person must not light a fire in such a place or in such manner as to endanger a registered produce store or its contents, or permit the entry of smoke into such registered store:
Provided that this Regulation must not preclude the use of devices for pest control which are used with the approval of a produce officer or assistant produce officer.
(2) Any person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of Thirty Five Thousand Naira (N35,000.00) or imprisonment for two (2) months or to both such fine and imprisonment.
23. Protection from Water of Produce in Transit
(1) The person in charge of any boat, lighter or canoe used for the transport of bagged produce shall ensure that such vessel is fitted with adequate and suitable dunnage so as to prevent the contact of such produce with any water in such vessel, and that adequate waterproof covering is available and, where necessary, is used to protect such produce from any water that may enter such vessel.
(2) Any person who contravenes any of the provisions of this Regulation will be liable on summary conviction to a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
24. Provision of Waterproof covering for Motor Vehicles
(1) The driver of a motor vehicle used for the transport of bagged produce will ensure that adequate waterproof covering is available and, where necessary, is used, and that all reasonable precautions are taken to keep such produce dry.
(2) Any person who contravenes or fails to comply with any of the provisions of this Regulation shall be liable on summary conviction to a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
25. Protection of Passed Produce
(1) Any person in charge of any produce which has been inspected, passed and sealed for export, whether such produce is in store or in transit, who fails at any time to take adequate and effective precautions to protect such produce from contact with water or any other substance which may have a deleterious effect on such produce or its containers will be guilty of an offence.
(2) When any such produce has become damaged as a result of an accident to a vehicle, canoe, boat, lighter or store as a result of means beyond the control of the person in charge of such produce, such person will within twenty-four (24) hours report such damage to a produce officer, and if he fails to do so without reasonable excuse, proof of which shall lie upon such person, and will be guilty of an offence.
(3) For the purpose of this Regulation the person in charge of such produce will be deemed to be
(a) in the case of a registered produce store, the storekeeper thereof;
(b) in the case of a vehicle, the driver thereof; and
(c) in the case of a canoe, boat or lighter the person having the control thereof.
(4) In any prosecution under paragraph (1) of this Regulation, the onus of proving that adequate and effective precautions have been taken shall lie upon the defendant.
(5) Any person who contravenes or fails to comply with any of the provisions of this Regulation shall be liable on summary conviction to a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
LICENSING OF STOREKEEPER
26. Licensing Authority
(1) The licensing authority for the issue of licenses in Lagos State will be the produce officer in charge of State.
(2) In the event of produce officer being absent on account of ill-health or other cause whatsoever a principal produce officer or a senior produce officer may exercise the powers of the licensing authority during the absence of produce officer.
27. Application for License
An export produce merchant or licensed buying agent may make application to a licensing authority in respect of any person who desires to be licensed as the storekeeper in respect of any registered produce store, and such application will be made in the form prescribed in the Third Schedule.
[Third Schedule.]
28. Issue of Licenses
The licensing authority, if satisfied that the application is made in respect of a person genuinely intended to fulfil the normal functions of a storekeeper on behalf of the applicant and if satisfied as to the suitability of the person in respect of whom application is made, will issue a licence to the person and licence will be in the form prescribed in the Fourth Schedule. The holder of licence will be the storekeeper of the registered produce store or stores to which the licence relates.
[Fourth Schedule.]
29. Licenses to be Free
A fee or charge will not be payable in connection with the issue of any licence issued in accordance with the provisions of these Regulations.
30. Validity of Licenses
A license will not be valid until the storekeeper has signed it with his usual signature, or, if illiterate, until a clear impression of the right thumb has been affixed in the space provided and such signature or thumb impression has been duly witnessed as provided in the license.
31. Period of Validity
A license will be valid for a period not exceeding twelve (12) calendar months and will in any case expire on the last day of June next following the date upon which it came into force:
Provided that the licensing authority may extend the period of validity of a licence for a period not exceeding six (6) months by endorsement upon the license.
32. Conditions of License Holder
(1) A person will not be in possession at one time of more than one valid licence issued under the provisions of these Regulations and not more than one person will be licensed at one time in respect of any one registered produce store.
(2) A person who contravenes any of the provisions of these Regulations will be liable on summary conviction to a fine of Thirty Five Thousand Naira (N35,000.00) or imprisonment for two (2) months or to both fine and imprisonment.
33. Transfer of License
A storekeeper who is directed by the export produce merchant or licensed buying agent to transfer the activities to another registered produce store in Lagos must immediately produce the licence to the licensing authority who will endorse the licence accordingly and return it to the storekeeper.
34. Return of License
(1) A storekeeper who is directed by the export produce merchant or licensed buying agent to transfer activities to another registered produce store in an area, or who ceases to operate as such for the export merchant or licensed buying agent, who applied for the issuance of licence, shall return immediately any valid licence to the licensing authority for Lagos, the licensing authority will immediately cancel the license.
(2) Upon the death of a storekeeper or when for any reason the storekeeper ceases to operate as such, the export merchant or licensed buying agent will notify the licensing authority for Lagos.
(3) Any person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of Thirty Five Thousand Naira (N35,000.00) or imprisonment for two (2) months or to both such fine and imprisonment.
35. Death of Storekeeper
On the death of a storekeeper the licensing authority must cancel the license which was held by such storekeeper.
36. Purchase of Produce at Registered Produce Store
(1) A person other than a storekeeper will not buy produce upon the premises of a registered produce store, and the transactions of such storekeeper must be limited to the purchase of produce on behalf of and for delivery to the export merchant or licensed buying agent who made application as provided in regulation 29 in respect of the storekeeper.
(2) A person who contravenes or fails to comply with any of the provisions of this Regulation will be liable on summary conviction to a fine of Ninety Thousand Naira (N90,000.00) or imprisonment for six (6) months or to both such fine and imprisonment.
(3) Notwithstanding the provisions of paragraph (1) of this regulation, the produce officer may, subject to the consent of the parties concerned, permit the passing for export of produce on behalf of one export merchant or licensed buying agent at the registered produce store of another export merchant or licensed buying agent, provided that in every case written application is made to the produce officer by the export merchant or licensed buying agent on whose behalf the passing of produce for export is intended.
(4) The produce officer may make such arrangements as are necessary to ensure the correct marking of the containers of produce with the mark of the export merchant or licensed buying agent on whose behalf the produce is being passed for export.
37. Interpretation
In these Regulations, unless the context otherwise requires –
“export merchant” means a person or firm exporting produce to which the Law applies on his own behalf;
“inspector” means a produce inspector of the Produce Inspection Service of the State and includes any person appointed under section 3 of the Law;
“the Law” means the Produce Inspection Law;
“produce” means produce to which the Law applies;
“register” means a produce register provided in accordance with regulation 21;
“registered produce store” means premises that have been registered under the provisions of regulation 11;
“storekeeper” means the holder of a valid license issued under the provisions of regulation 28.
38. Citation and Commencement
These Regulations will be cited as the Produce Inspection Regulations and shall into force on the 1st April 1968.
FIRST SCHEDULE
CERTIFICATE OF REGISTRATION OF A REGISTERED PRODUCE STORE
No……………………………………………………………………………………………………………………………………………………………………………………….
Date of Issue……………………………………………………………………………………………………………………………………….
Under and by virtue of the powers conferred on me by the provisions of regulation 11 of the Produce Inspection Regulations
I, …………………………………………………………………………………..……………………………………………………………………………………………………
Produce Officer, supervising Lagos, have registered the building and premises belonging to or rented by…………….
and known as…………………………………………………………………………………………………………………………………………………………………….
No……………………………………………………………………………………………………………………………………………………………………………………….
at …………………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………… in Lagos as a Registered Produce Store.
(Signed) ………………………………………….
Produce Officer Supervising Lagos State
NOTE – This certificate must be prominently and permanently displayed in the building within the premises to which it relates.
SECOND SCHEDULE
REGISTERS
Palm Oil
THIRD SCHEDULE
Application for a License to Buy and/or Store Produce upon the Premises of a Registered Produce Store or Stores
1. Name of Licensed Buying Agent (or export merchant).
2. Address of the above.
3. Name of proposed Storekeeper in full. (PLEASE PRINT IN CAPITALS)
4. Registered Produce Store(s) where proposed storekeeper will operate.
5. Number and date of issue of previous license (if any).
I certify that to the best of my knowledge and belief the above proposed storekeeper has not been convicted of an offence against the provisions of the Produce Inspection Law or of any regulations made or deemed to have been made, nor has he been convicted of an offence involving dishonesty and sentenced to imprisonment without the option of a fine.
If the above certificate cannot be completed by reason of the fact that the person for whom application is made has been convicted as described, particulars of such conviction must be stated overleaf and this form forwarded under confidential cover as directed below.
The produce officer accepts no responsibility for any such form not forwarded under confidential cover.
DATED this ……………………………………………. day of ……………………………………………………………., 20……
(Signed) …………………………………………………………..
for Licensed Buying Agent
……………………………………… Firm
………………………………….. Branch
This form should be sent to the Head of Produce Inspection Services of Lagos State.
FOURTH SCHEDULE
License to Buy and/or Store Produce upon the Premises of a Registered Produce Store or Stores
License No………………………………………..
Date of Issue. …………………………………..
License is hereby issued to ……………………………………………………………………………………………………………
of,………………………………………………………………………………………………….., employed by
……………………………………………………………………………………………………………………………………………. to buy and/or store produce
at the Registered Produce Store(s) known as No(s)………………………………………………………………………………
at……………………………………………………………………………………………………………………………………………………………………….. in Lagos.
This license expires on the…………………………………………………………………………………………………….. and is
valid only in Lagos State.
(Signed) ……………………………………………..
Licensing Authority…………………………………………
Signature of Licensee
…………………………………………………………………………………………
Right thumbprint of Licensee
(if illiterate)
…………………………………………………………………………………………..
Witness to Signature
(or to thumbprint) of Licensee
NOTE—The witness must be a member of the staff of the Produce Inspection Service of the Government who can identify the licensee.
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LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
