PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

1. Interpretation.
2. Produce to which Act applies.
3. Establishment of the Produce Inspection Board.
4. Constitution and proceedings of Board.
5. Functions of the Board.
6. Power to make regulations.
7. Emergency orders for pest control in Lagos.
8. Export of damaged produce.
9. Wrongful grading an offence.
10. Unauthorised use or possession of seals, etc.
11. Pest infestation.
12. Powers of entry and seizure.
13. Treatment of detained produce.
14. Power to re-examine produce.
15. Offences generally.
16. Offence in relation to samples.
17. Offences in relation to inspection, grading, etc.
18. Forfeiture of produce.
19. Duty to provide labour for inspection.
20. Produce experts.
21. Prosecutions.
22. Power to sue for fees.
23. Presumption as to intention to export.
24. Offences by public officer.
25. Effect of inspection, passing or grading.
26. 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 execu-
tion of the powers conferred by this Act.

[1959 No. 21.]

[1st December, 1959]

[Commencement.]

1. Short title

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

1. 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 ha-
bitually 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 pro-
duce inspector of the Produce Inspection Service of the Federation, and includes any per-
son 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 li-
cence;

“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 sec-
tion, 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 Pro-
duce 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 con-
ferred in this Act upon officers of the Produce Inspection Service of the Fed-
eration; and

(b)       shall have and may exercise in respect of Lagos all the powers and duties con-
ferred 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.

1. 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.

[First Schedule.]

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

1. Establishment of the Produce Inspection Board

(1) Upon the coming into operation of this Act, the Produce Inspection Board estab-
lished 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 hereinaf-
ter mentioned.

[1950 No. 24.]

(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 in-
spection 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 ap-
pointments to the Board shall be made with the consent of the appropriate civil service
commission.

1. Constitution and proceedings of Board

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

[Second Schedule.]

1. 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;

[Cap. CI7.]

(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 con-
cerning produce inspection generally.

1. 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;

[Cap. C17.]

(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 Inspec-
tion 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 speci-
fied 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 destruc-
tion of any extraneous matter or siftings separated from produce, and empow-
ering 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;

(I)         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 in-
spectors, and the officers who may issue permits for overtime work;

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

(0)       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 ac-
cept 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.

1. 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 prohibi-
tion 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 any-
thing lawfully done thereunder expire unless it shall previously have expired under the
provisions of the order itself.

1. Export of damaged produce

(1) Notwithstanding anything in this Act, where any produce which has been in-
spected 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 stan-
dard, 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 pro-
duce 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 un-
authorised use was made of any seal, press, punch-die or other sealing or marking appli-
ance 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 there-
upon 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 extract-
ing any of the contents of bags of produce intended for export or detained un-
der the provisions of this Act; or

(b)       is found in possession of any such article or of any article so closely resem-
bling 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 ex-
pense.

13. Powers of entry and seizure

(1) For the purpose of carrying out his duties under this Act, any produce officer, as-
sistant 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 sam-
ples of any such produce stored therein, whether or not such produce has pre-
viously 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 ani-
mal carrying or believed to be carrying such produce and to call upon the per-
son in charge of such vehicle, boat, canoe or animal or, if he cannot be ascer-
tained, 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 convey-
ance 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 recepta-
cle 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 informa-
tion 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 la-
bour 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 provi-
sions 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 de-
tention;

(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;

[Cap. C41.]

(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 with-
drawal 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 de-
tained 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 ap-
plication 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 pro-
duce, the number of receptacles in which it is packed, and the gross weight of any sam-
ples taken, and such document when signed by both the applicant and produce officer or
his deputy shall be conclusi ve 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 con-
dition 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 per-
son 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 ap-
ply.

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 con-
form 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 in-
spector 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 pro-
duce 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 un-
inspected 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 sec-
tion; 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 delivers
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 substitu-
tion as aforesaid;

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

(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 infor-
mation 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 provi-
sions 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 pro-
duce, 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 for-
feiture 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 magis-
t:rate 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 pro-
duce 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 be-

low 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 con-
ducted by him or by a produce officer or assistant produce officer or chief produce in-
spector 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 pur-
pose 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 pro-
ceeding 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 pro-
duce 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 ship-
ment 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

[Cap. I23.]

SCHEDULES

FIRST SCHEDULE
[Section 3.]

         Produce to which the Act applies

1.  Benniseed                           9.      Fruit Products (other than oils)

2.   Capsicums                        10.   Ginger

3.   Cassava Starch                11.   Groundnuts

4.   Cocoa                                 12.   Groundnut Cake

5.   Copra                                   13.   Palm Kernels

6.   Cotton Seed                       14.    Palm Oil

7.   Cotton Lint                           15.    Rubber

8.   Fruit                                       16.    Soya Beans

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 per-
mission 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 man-
ner 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.

[Cap. C23.]

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 per-
son 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 meet-
ing the Board may appoint a temporary chairman from amongst their own number.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation 
I. 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

1. Check-tests of copra at ports of shipment.
2. Weighing of pieces of unsuitable copra and extraneous substances.
3. Rejection of copra for shipment.
4. 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.

IS. Warning notice.

16. Interference by unauthorised person.

PART IV

General

1. Interpretation.
2. Short title.

COPRA (INSPECTION FOR EXPORT) REGULATIONS
[L.N. 123 of 1961. L.N. 14 of 1979.]

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 im-
mature 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 sub-
stances 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 para-
graph (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 sam-
ple therefrom is not dry, he shaJl so notify the owner and shall discontinue further exami-
nation.

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.

1. 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.

1. 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.

1. 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.

1. 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 In-
spector shall countersign each entry made by the storekeeper or his authorised agent in
the register immediately after each entry is made.

1. 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.

1. Offences and penalties
   Any person who-

(a)        exports or attempts to export copra without first complying with all the re-
quirements 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 di-
vided 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

(l) The Inspector shall weigh the pieces of unsuitable cobra and extraneous sub-
stances 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 destruc-
tion of copra not of exportable quality) shall apply to all defective copra and all extrane-
ous 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 sub-
jected 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 unauthor-
ised 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 Regula-
tions 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 behal f by the Produce Officer to withdraw from such area
forthwith.

(2) Where such an unauthorised person has been ordered to withdraw from the vicin-
ity of the fumigation and he refuses to comply with the order he shall be guilty of an of-
fence and shall on summary conviction be liable to a fine of N50 or to three months im-
prisonment 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 REGULA nONS

PART I

Inspection, packing, ete.

REGULATION

1. Inspection processes.

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

PARTII

Check-tests of coffee at Ports 
7. Check-testing of coffee for shipment.

REGULATION

1. Rejection of cotfee for shipment.
2. Scoop surplus.
3. Destruction of defective, etc., coffee.

PART III

Provisions for pest control in coffee

1. Treatment by fumigation.
2. Interference by unauthorised person.

PART IV

General

1. Interpretation.
2. Citation.

COFFEE (INSPECTION FOR EXPORT) REGULATIONS 
[L.N. J 5 of J 979.]

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 qua-
lity, it shall be sifted with a sieve of suitable mesh.

1. 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.

1. 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.

1. 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, posses-
sion 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 regu-

lation 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

1. 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 frac-
tional 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 pro-
vided 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.

1. 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 ex-
portable 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 In-

spection Service of the State from where the coffee was delivered to the port of shipment.

1. 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 unautho-
rised 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 Regu-
lations 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.