HB 42: National Agency for Food and Drugs Administration and Control Act (Amendment) Bill, 2015

Download Bill Bill Analysis Download Bill Analysis
infograph

Sponsor:

Hon. Goodluck Opia Nanah

Bill Status: Awaiting Committee Report

  • First Reading: 30/07/2015
  • Second Reading: 26/11/2015
  • Committee Referred To: Committee of the Whole
  • Consolidated with:
  • Date Reported out of Committee:
  • Third Reading:

Bill Analysis:

SHORT TITLE

National Agency for Food and Drug Administration and Control Act (Amend.) Bill

OBJECTIVE

The amendment seeks to further empower the Agency to carry out its functions and to bring it in line with present realities

AMENDMENTS PROPOSED BY THE BILL

National Agency for Food and Drug Administration and Control Act, 2004 (“the Principal Act”)

National Agency for Food and Drug Administration and Control Act, 2004 (Amend.) Bill 2015

Section 2 (Establishment of the Governing Council) –

“(1) There is hereby established for the Agency, a Governing Council which shall consist of -

(a) a chairman who shall be appointed by the President on the recommendation of the Minister;

(b) The Permanent Secretary of the Federal Ministry of Health or his representative;

(c) the Director and Chief Executive of the National Institute for Pharmaceutical Research and Development or his representative;

(d) the Director-General of the Standards Organisation of Nigeria or his representative;

(e) the chairman of the National Drug Law Enforcement Agency or his representative;

(f) the chairman of the Pharmacists Board of Nigeria or his representative;

(g) one person to represent the Pharmaceutical Group of the Manufacturers Association of Nigeria;

(h) one person to represent the Food Beverages Group of the Manufacturers Association of Nigeria;

(i) The Director-General of the Agency; and
(j) three other persons to represent public interest to be appointed by the Minister.

 

 

 

Clause 2(a) of the Bill proposes to amend the section by inserting new paragraphs (i) and (j) as follows: -

 

“(i) The Inspector General of Police or his representative

(ii) The Controller General of Customs or his representative”

…and renumbering the existing paragraphs (i) and (j) as paragraphs (k) and (L) respectively (Clause 2(c))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Substituting the existing paragraph (j) with the following paragraph:

“(j) three other persons to represent public interest with vast experience in matter relating to Health to be appointed by the Minister subject to the approval of the President”

 

 

Section 8 (Structure of the Agency)

“The Agency shall have-

(a) an Administration and Finance Directorate to be headed by a Director, who shall serve as the secretary of the Agency;

(b) Planning, Research and Statistics Directorate to be headed by a Director;
(c) a Narcotics and Controlled Substances Directorate to be headed by a Director;

(d) a Regulatory and Registration Directorate to be headed by a Director; (e) an Inspectorate Directorate to be headed by a Director;

(f) a Laboratory Services Directorate to be headed by a Director; and
(g) such other Directorates as may be required for the proper performance of the functions of the Agency. ”

 

Clause 3 of the Bill proposes to amend Section (8) of the Principal Act by adding an additional paragraph after the existing (g) as follows:

 

“Provided however that the Agency shall first obtain the approval of the Minister before establishing such new Directorates”

 

 

 

Section 9 (Staff of the Agency) –

“(1) There shall be appointed for the Agency by the President, on the recommendation of the Minister, a Director-General who shall be a person with good knowledge of pharmacy, food and drugs. ”

 

Clause 4 proposes to amend the section by inserting the words “with not less than 15 years’ experience” after the word “drug” as follows:

(1) There shall be appointed for the Agency by the President, on the recommendation of the Minister, a Director-General who shall be a person with good knowledge of pharmacy, food and drugs with not less than 15 years’ experience

 

 

Section 9(2)(c) -

“The Director General shall be …

(c) subject to the supervision and control of the Chairman and the Council “

 

Clause 4(2) seeks to amend paragraph (c) of sub-section (2) by deleting “Chairman and the” as follows –

 

“(c) subject to the supervision and control of the Council”

Section 16(Capital Production Income) –

Subject to the approval of the Minister, the Agency may invest in the profitable production of capital goods by joint-venture, partnership, shareholding or as sole proprietor, as the case may be, and the net incomes so generated shall be paid into the fund of the Agency “

Clause 5 seeks to delete the entire section 16 of the Principal Act

 

 

Section 17 (Disposal of Surplus Funds)

 "The Council may invest any surplus funds in profit yielding ventures, and notwithstanding that power, the Minister may issue to the Agency directives as he may think necessary as to the disposal of any surplus funds of the Agency.”

 

Clause 6 seeks to amend Section 17 of the Principal Act by deleting the underlines on the opposite cell leaving only: -

 

“The Council may invest any surplus funds in profit yielding ventures”

 

Section 25 (Offences)

“(1) A person who obstructs an officer of the Agency in the performance of his duties under section 24 of this Act shall be guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.”

“(2) Any person who contravenes the provisions of any regulations made under this Act is guilty of an offence and liable on conviction to the penalties specified in the regulations.”

“(3) Where no penalty has been specified, the person shall be liable to a fine of N50, 000 or imprisonment for a term of one year or to both such fine and imprisonment.”

“(4) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any of those capacities, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable on conviction to a fine of N 100,000.”

“(5) The Federal High Court shall have exclusive jurisdiction to try offences under this Act.”

 

 

 

Clause 7 proposes amendment of Section 25 of the Principal Act by substituting the existing provisions with the following –

“(1) A person who obstructs an officer of the Agency in the performance of his duties under section 24 or any provisions of this Act or any regulations made thereunder shall be guilty of an offence and liable on conviction to a fine of not less than N100,000 or to imprisonment for a term not less than one year but not exceeding three years or to both such fine and imprisonment.”

“(2) Any person who contravenes the provisions of any regulations made under this Act is guilty of an offence and liable on conviction to the penalties specified in the regulations.”

“(3) Where no penalty has been specified, the person shall be liable to a fine of N100,000,000 or imprisonment for a term not exceeding one year or to both such fine and imprisonment.”

(4) Where an offence under this Act which has been committed by a body corporate, every person who at the time of the commission of the offence was a proprietor, director, general manager, secretary, or other similar officer, servant or agent of the body corporate (or any person purporting to act in any such capacity) he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be proceeded against and punished accordingly.”

(5) The Federal High Court shall have exclusive jurisdiction to try offences under this Act.”

 

 

CONCLUDING NOTES

The objective of the Bill is to further empower the National Agency for Food and Drug Administration and Control (NAFDAC) to carry out its functions and bring the Agency in line with present realities.

However the proposed inclusion of the Inspector-General of Police (IGP) and Controller-General of Customs as part of the Governing Council is irrelevant, as they both have independent roles to play in a situation where a person or entity is suspected to have committed a crime contrary to the provisions of the Act. Including them as part of the Governing Council is of no cogent use. They can still serve their purpose outside the Council.

The upward review of the fines under Clause 7 is necessary as the provisions under Section 25 of the Principal Act are unreasonable in today’s clime. The Bill could not have come at a better time.

placbillstrack 2017