3.100.  The Nigeria Agricultural Quarantine Service (NAQS) is an agency under the Federal Ministry of Agriculture and Rural Development. It regulates enforcement of animal, fisheries and plant health measures in connection with imports and exports of agricultural products at the borders, with a view to minimizing the risk to agriculture, food safety and the environment. NAQS publishes, on its website, a list of products subject to NAQS controls.[99] According to NAQS, this list is based on the result of risk analysis and will be revised periodically. NAQS operates a "single window" to electronically process documentation requirements (e.g. permit applications and issuance) and arrangements for border inspection of consignments

3.101.  Under the Animal Diseases (Control) Act, the importation of animals, animal products, hatching eggs, poultries, biologics, and infectious agents is prohibited unless a permit is granted from DVPCS. Importers must apply to DVPCS for an International Veterinary Certificate (i.e. an import permit) for each batch of imports. For imports of live animals (including poultry) and animal products (including meat), a sanitary certificate from the veterinary authorities of exporting countries is a prerequisite document for application for an import permit. According to the authorities, Nigeria's sanitary requirements, standards and guidelines are based on the provisions of the OIE Terrestrial Animal Health Code. Moreover, an import risk assessment is deemed necessary when higher standards are required. Once an import permit is granted, a copy of the permit will be forwarded to NAQS for enforcement at the borders

3.102.  The importation of meat, including beef, pork, mutton, and frozen chicken, remains prohibited. In March 2016, a Member raised its concerns in the WTO SPS Committee over Nigeria's import restrictions on all types of refrigerated or frozen meat and foods containing meat. In response, Nigeria indicated that the measures were applied to protect health and life due to a lack of importers' capacity to cope with safety requirements, and that the measures were under review.[100]

3.103.  No imports of aquatic products are allowed in the absence of a quarantine permit of entry from NAQS issued within 24 hours before departure from the country of origin. Upon arrival, the aquatic products are subject to NAQS inspection and quarantine treatment for 14 days. Dependent on the quarantine observation and laboratory results, the imported aquatic products may be cleared from Customs or subject to quarantining extension

3.104.  The importation of plants, seeds, oil, artificial fertilizers and other similar products is subject to an import permit issued by NAQS. An export certificate from the exporting country is required for fresh plants and plant products as a prerequisite document for import permit application. The issuance of an import permit would depend on the risk level in the country of origin. A permit may not be issued if the plant type is prohibited or if the country of origin is known to be a high-risk area. An import permit is valid for a period of 12 months

3.105.  Nigeria prohibits imports of genetically modified products, except for research purposes. However, it is reported that in May 2016 Nigeria's National Biosafety Management Agency issued a permit for the commercial release of genetically modified cotton, and a permit for the confined field trial of genetically modified maize.[101] There are no provisions on food ingredients containing genetically modified organisms

3.94.  During the period under review, the institutional and legal framework concerning sanitary and phytosanitary (SPS) measures remained largely unchanged. The main legislation includes the Food and Drug Act (CAP. F32 L.F.N. 2004), the Food, Drugs and Related Products (Registration, etc.) Act (CAP. F33 L.F.N. 2004), the Animal Disease (Control) Act (CAP. A17 L.F.N. 2004), and the Agriculture (Control of Importation) Act (CAP. A13 L.F.N. 2004)

3.95.  The Federal Ministry of Industry, Trade and Investment is the notification authority for Nigeria to the WTO SPS Committee, and the national enquiry points are: for food safety issues, the National Agency for Food and Drug Administration and Control (NAFDAC); for animal health, the Department of Veterinary & Pest Control Service (DVPCS) under the Federal Ministry of Agriculture and Rural Development (FMARD);[95] and for plant health, the Nigeria Agricultural Quarantine Service (NAQS). Nigeria is a member of the World Organisation for Animal Health (OIE), Codex Alimentarius Commission (CAC), and a contracting party to the International Plant Protection Convention (IPPC)

3.96.  Nigeria notified 17 regular SPS measures to the WTO in the period from 1 January 2011 to 1 March 2017.[96] Nigeria indicated that 14 of the notified measures were based on international standards. All 17 notified measures were already in force prior to this review period and cover food safety (including food additives), pesticides, and food labelling. Nigeria has not notified any emergency SPS measures to the WTO

3.97.  Pursuant to the National Agency for Food and Drug Administration and Control Act (CAP. N1 L.F.N. 2004), NAFDAC regulates seven types of products (known as "regulated products"), namely, processed and semi-processed food, drugs, cosmetics, medical devices, packaged water, detergents, and chemicals. All "regulated products" must be registered with NAFDAC before they are manufactured, imported, exported, advertised, and circulated in the market. The registration process involves site inspection of facilities;[97] assessment of food safety and quality; laboratory analysis, and radiation testing, where applicable; the control of advertisement to ensure that claims are not exaggerated; and testing of compliance with labelling requirements. NAFDAC indicated that each registration must be specific to the individual product and individual operator (e.g. manufacturer, importer). A registration is valid for five years, renewable

3.98.  Imported "regulated products" are also subject to NAFDAC registration requirements. Imported drugs, cosmetics, medical devices, and food products must be covered by a certificate of manufacture and free sale from the competent regulatory body in the exporting country, and authenticated by the Nigerian Embassy in the country of origin[98], prior to any importation. Furthermore, certain samples must be sent to NAFDAC's laboratories for testing, at least three months before the product arrives in Nigeria. NAFDAC applies Nigerian Industrial Standards as well as the CAC's food additive and contaminant regulations, and pesticide residue and mycotoxin standards, in its assessment of food safety. NAFDAC noted that imported "regulated products" are cleared at the point of entry

3.99.  For exports of the "regulated products", certificates from NAFDAC are also required. Export certificates are issued only if the manufacturer of the product maintains the requirements under "good manufacturing practice", and the product passes the NAFDAC's laboratory tests

3.81.  During the period under review, the institutional framework for standards and technical requirements remained largely unchanged. The main piece of legislation is the Standards Organization of Nigeria Act, 2015; this Act repeals the old Standards Organization of Nigeria Act, 2004. The new act provides additional functions for the Organization, and increases penalties for non-compliance. The enquiry point for technical barriers to trade (TBT) is the Standards Organization of Nigeria (SON); and the Federal Ministry of Industry, Trade and Investment is responsible for notifications to the WTO

3.82.  Nigeria submitted three notifications to the WTO in the period from January 2011 to November 2016 regarding its technical regulations and conformity assessment procedures.[86] One of the notifications informed the WTO Members that Nigeria was developing its National Quality Policy (since December 2014), and it provided Members 60 days to comment on the draft policy. Nigeria notified two measures on conformity assessment that are applied to locally produced and imported goods, respectively; the notified measures were already in force at the time of notification. Nigeria did not notify any measures with regard to standards during the review period

3.83.  Standards established by SON are called Nigerian Industrial Standards (NIS). All standards in Nigeria are mandatory, i.e. technical regulations. Products currently covered include chemicals, civil engineering, electrical engineering, mechanical engineering, processed food, and textiles and leather. All Nigerian technical regulations are available in SON's library.[87] According to SON, 222 new standards have been established since January 2011, covering, inter alia, chemicals, electric/electronic goods, food, mechanical products, textiles, building materials and civil engineering

3.84.  Nigerian industrial standards are established by consensus and approved by the Standards Council of SON. Eight Technical Groups support the Standards Directorate.[88] At the national level, the Directorate coordinates the activities of the experts, relevant stakeholders and other interested parties on the National Technical Committees that develop the Nigerian Industrial Standards (NIS). According to the authorities, when formulating an NIS, Nigeria will consider adoption or adaption of relevant international standards that already exist. As of end November 2016, there were about 1,300 Nigerian Industrial Standards and more than 13,000 international standards (including 41 ECOWAS standards) in force in Nigeria

3.85.  All goods (locally produced or imported) subject to technical regulations require conformity assessment and certification before they are placed on the market, under the Standards Organization of Nigeria Conformity Assessment Programme (SONCAP)[89] for imported goods, and under the Mandatory Conformity Assessment Programme (MANCAP) for domestically produced goods

3.86.  Under SONCAP, all imported products are subject to pre-shipment certification. A SONCAP Certificate (SC) is a mandatory customs clearance document in Nigeria and imports that are not accompanied by an SC will be denied entry. Exporters of goods to Nigeria must supply their local SON country office with a valid test report and photographs of the product they wish to export to Nigeria.[90] Four international accreditation firms (IAFs) operate the SONCAP on behalf of SON for certification.[91] An SC is required per container/per product, and is valid for between six to twelve months. It is reported that the cost of a SONCAP procedure amounts to some US$600 per container/per product, and for mixed shipment (i.e. containing different products) the cost will be multiplied accordingly

3.87.  Similarly, the Mandatory Conformity Assessment Programme (MANCAP) is applied to all locally manufactured products.[92] The MANCAP aims to ensure that all locally manufactured products conform to the relevant NIS before being presented for sale in Nigeria or exported. A MANCAP certificate is valid for three years after which the product must undergo recertification. The MANCAP logo is to be fixed on the smallest unit pack of the product before the good is introduced into the market for sale

3.88.  SON also operates a number of voluntary certification schemes, including the Voluntary Product Certification Scheme (NIS Mark of Quality), Nigerian Quality Award Scheme (NQA), and Product-Type Certification for Exports

3.89.  Nigeria accepts test reports and certifications from laboratories in other countries as long as the laboratory is accredited to ISO 17025. However, the authorities noted that inspection, sampling, and re-testing (when necessary) must be done at the SON Laboratory

3.90.  SON carries out enforcement operations through market surveillance and border inspections with Customs (for imports). SON may initiate market surveillance, or react to complaints. Products that are not compliant with NIS will be removed from markets, and/or are subject to rectification. SON publishes lists of products that have been blacklisted/destroyed, rectified, and "downgraded" on its own website.[93] SON states that its enforcement activities are financed through rectification handling fees/fines.[94]

3.91.  SON is a member of the International Organization for Standardization and the International Electrotechnical Commission. It is also affiliated to the British Standards Institute, The American National Standards Institute, the Deutsches Institute fr Normung, the Japan Industrial Standards Committee, the Korean Agency for Technology and Standards, the Standardization Administration of China, the Ghana Standards Board, the Bureau of Indian Standards, and the South African Bureau of Standards

3.92.  All products circulated in the Nigerian market are required to bear a label indicating the name of the product, its country of origin, specifications, date of manufacture, batch or lot number, and the standard(s) to which it complies. The labelling must be in English, in addition to any other languages required, and metric units of measurement must be used. Pharmaceutical and chemical products must carry expiry dates and/or shelf life, and specify active ingredients, where applicable, on their packaging. Information on performance life and rating may be required on electrical appliances, depending on the product

3.93.  Food products must comply with specific labelling requirements from NAFDAC, such as: production batch number; net contents, including essential ingredients in metric weights for solids, semi-solids, and aerosols, and metric volume for liquids; food colourings and additives; and a best-before date. It is mandatory for all products that have been registered by NAFDAC to display a NAFDAC registration number (see below)