NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL ACT (AS AMENDED) FOOD SAFETY REGULATIONS

2009

Commencement:In exercise of the powers conferred on the Governing Council of the National Agency for Food and Drug Administration and Control (NAFDAC) by sections 5 and 29 of the National Agency for Food and Drug Administration and Control Act (as amended) and all the powers enabling it in that behalf, the Governing Council of the National Agency for Food and Drug Administration and Control with the approval of the Honourable Minister of Health hereby makes the following regulations:-

1.

These regulations prescribe the minimum food safety requirements for preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling and offering of food for sale or supply to the consumer.

Scope

2.

Except as provided in these regulations, failure to comply with any provision set forth in respect of preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling and offering for sale or supply of food shall render such food unwholesome and such food, as well as the person who is responsible for the failure to comply, shall be subject to regulatory action.

Prohibition

3. a. b. c. d.

These regulations shall apply to all food establishments except the following: A dwelling place in which food is produced for household consumption Premises that offer only fresh, whole, unprocessed fruits and vegetables; Premises that offer only food that is pre-packaged at another location; Food establishments in which food is prepared and served by a religious or notfor-profit organization for functions or gatherings. Notwithstanding the provisions of section 3d, these regulations do apply if a function or gathering is held in conjunction with and at the site of a fair, exhibition, festival or other temporary food service. Applicability of Food Regulations

Premises
4. a No food business shall be carried out at any unsanitary premises, the condition, situation or construction of which is such that food is exposed to the risk of contamination. b. The grounds/compounds of food premises shall be kept in a condition that will protect against the contamination of food c. The layout, design, construction and size of food premises shall i. Permit adequate cleaning and/or disinfection ii. Be such as to protect against the accumulation of dirt, contact with toxic materials, the shedding of particles into food and the formation of condensation or undesirable mould on surfaces iii. Permit good food hygiene practices, including protection against cross contamination between and during operations, by foodstuffs, equipment, materials, water, air supply or personnel and external sources of contamination such as pests iv. Permit the taking of proper precautions to protect food in outdoor bulk fermentation vessels by any effective means, including: 1. Using protective coverings. 2. Controlling areas over and around the vessels to eliminate harbourages for pests. 3. Checking on a regular basis for pests and pest infestation. 4. Skimming the fermentation vessels, as necessary. v. Provide, where necessary, suitable temperature conditions for the hygienic processing and storage of products. vi. Provide walls, floors, doors, windows, ceiling, woodwork and all parts of the structure of every food room which shall be kept in good order, repair and condition as is necessary to:1. Enable them to be effectively cleaned; and 2. Prevent, so far as is reasonably practicable, any risk of infestation by rodents and vermin.

Layout, design and construction

5. a b.

Food premises shall be adequately illuminated with natural and/or artificial lighting. Food premises shall be adequately ventilated with natural or mechanical ventilation and special attention shall be given to the venting of areas and equipment producing excessive heat, obnoxious fumes or vapour.

Lighting and ventilation

6. a.

There shall be adequate supply of potable water with appropriate facilities for its storage, distribution and temperature control in order to ensure the safety and suitability of food. b. Where non-potable water is used, for such purposes as fire control or factory cleaning, and such similar purposes, it shall be carried in completely separate lines, identified preferably by colour, with no cross connection or back siphonage with the lines carrying potable water.

Water supply in the premises

7. a.

b c

Food premises shall have adequate and convenient toilet facilities which are well lit and adequately ventilated for staff members and for the public. An adequate number of flush toilets shall be available and connected to an effective drainage system. Toilets shall not lead directly into rooms in which food is handled. An adequate number of washbasins shall be available, suitably located and designated for cleaning hands. Washbasins for cleaning hands shall be provided with running water, materials for cleaning hands and for hygienic drying such as single use towels, hot air drying or other approved methods. The provisions for washing food shall be separate from the hand-washing facility. There shall be provided in all food premises where open food is handled, suitable and sufficient cloak rooms for keeping outdoor, footwear and other clothing not being worn during working hours by food handlers.

Toilet and cloakroom facilities

8. a

Adequate provision shall be made for the removal and storage of food waste and other refuse. Refuse bins shall be designed and managed in such a way as to enable them to be kept clean, and to protect against access by pests, and against contamination of food, drinking water, equipment or premises. b. Adequate precaution shall be taken to ensure that human and animal wastes are disposed of in such a manner as to minimize the development of odour, the potential for the waste becoming an attractant and harbourage or breeding place for pests, and protect against contamination of food, food-contact surfaces, water supplies and ground surfaces. c. Drainage facilities shall be adequate for the purpose intended; they shall be designed and constructed to avoid the risk of contamination of foodstuffs. No refuse or litter, whether solid or liquid, shall be deposited or allowed to be accumulated in a food room.

Waste disposal

9.

Live plants, dogs, cats and other domestic animals shall be excluded from areas where food is processed, stored or served.

Plants and animals

Personnel
10. Any person seeking employment in a food establishment shall pass the food handlers tests. The food handlers test shall be conducted by a registered medical practitioner whose report or certificate shall be valid for a maximum period of six (6) months. The report of the food handlers test shall be made available to an inspecting officer upon request. Notwithstanding the requirements in section 10, the following shall apply: Personnel health and hygiene

11. a. Any person who by medical examination, or supervisory observation, or voluntary personnel report is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, foodcontact surfaces, or food packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in contamination until the condition is corrected. Personnel shall be instructed to report notifiable conditions to their supervisors. b. A medical officer shall remove an exclusion or restriction imposed by the management.

Disease Control

12.

An operator shall notify a medical officer if any personnel has any of the following: a The person has been diagnosed with a notifiable disease or condition transmissible by food b The person is known or suspected of being infected with a notifiable disease or condition transmissible by food; c The person has notified the operator under section 11 (a).

Notification of medical officer

13. A food establishment shall develop and demonstrate policies and procedures for personnel that ensure that a person entering a food handling area or engaging in an operation in a food establishment who comes into contact with food meets all of the following: a. Respects access control b. Is clean, sanitary and shows good personal hygiene; c. Wears sanitary and/or protective clothing and footwear; d. Takes adequate measures to prevent food from being contaminated by hair; e. Washes their hands as often as is necessary to prevent contamination of food; f. Removes any object or substance from their body that might fall into or otherwise contaminate food; g. Refrains from any behaviour or practice that would lead to the contamination of food

Personnel polices and procedures

14. a Personnel responsible for ensuring good hygienic and sanitation practices shall have a background of education, training and experience, or a combination thereof, to provide a level of competency necessary for production of wholesome and safe food.

Education and training

b. Food handlers and supervisors shall receive appropriate training in proper food handling techniques and food-protection principles and shall be knowledgable in the dangers of poor personal hygiene and unsanitary practices. c. Food handlers in food establishments shall be supervised and instructed and/or trained in food hygiene matters commensurate with their work activities. d. Training records of personnel shall be maintained and made available to an inspector upon request.

15. a. All equipment and utensil surfaces in contact with food shall be non toxic and appropriate for their intended use. b. All food-contact surfaces, including utensils and food-contact surfaces of equipment, shall be cleaned as frequently as necessary to protect against contamination of food. c. Equipment and utensils used to process, prepare, store, serve, sell or display food shall be designed, constructed, installed and maintained to: i. Protect food from contamination; and ii. Allow adequate cleaning, sanitizing and maintenance. d. Equipment used to cook, heat-treat, cool, store, display or freeze food shall be designed to: i. Achieve the required food temperature as rapidly as is necessary to maintain food safety; and ii. Control temperature, humidity, air flow and any other condition that is likely to have a detrimental effect on food safety. e. Use of pesticides, lubricants, cleaning materials shall be made under such precautions and restrictions as are necessary to prevent the contamination of food, food-contact surfaces, or food-packaging materials. f. Cleaned and sanitized portable equipment with food-contact surfaces and utensils shall be stored in a location and manner that protects food-contact surfaces from contamination. g. Equipment that is used in the manufacturing or food-handling area and that does not come into contact with food shall be so constructed such that it can be kept in a clean condition. h. Compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment shall be treated in such a way that food is not contaminated with unlawful indirect food additives.

Equipment

Production and Process Control

16. a. All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of food shall be conducted in accordance with adequate sanitation principles.

Processes and controls

b. Appropriate quality control operations shall be employed to ensure that food is suitable for human consumption and that food packaging materials are safe and suitable. c. Overall sanitation of the plant shall be under the supervision of one or more competent individuals assigned responsibility for this function. All reasonable precautions shall be taken to ensure that production procedures do not contribute to contamination from any source. d. Chemical, microbial, or extraneous-material testing procedures shall be used where necessary to identify sanitation gaps and failures or possible food contamination. e. All food that has become contaminated to the extent that it is adulterated shall be rejected, or if permissible, treated or re-processed to eliminate the contamination as prescribed by the Food and Drugs Act.

17. a. Raw materials and other ingredients shall be inspected and segregated or otherwise handled as necessary to ascertain that they are clean and suitable for processing into food and shall be stored under conditions that will protect against contamination and minimize deterioration. b. No raw materials or ingredients shall be accepted by a food establishment if they are known to be, or might reasonably be expected to be, so contaminated with parasites, pathogenic micro-organisms, or toxic, decomposed or foreign substances, that after normal sorting and/or preparatory or processing procedures hygienically applied by food establishments, still remain adulterated or unfit for human consumption.

Raw materials and other ingredients

b.

Hazardous and/or inedible substances, including animal feedstuffs, shall be adequately labelled and stored in separate and secure containers.

18.

Potable water shall be used for processing of food to prevent a public health hazard. a. There shall be an adequate supply of potable water to ensure to foodstuffs are not contaminated. b. Where appropriate, ice shall be made from potable water. It shall be made, handled and stored under conditions which protect it from all contamination. c. Steam used directly in contact with food shall not contain any substance which presents a hazard to health, or is likely to contaminate the product. d. Water unfit for drinking used for the generation of steam, refrigeration, fire control and other similar purposes not relating to food, shall be conducted in separate systems, readily identifiable and having no connection with, nor any possibility of reflux into the potable water system.

Water supply and processing.

Food Packaging, Storage and Transportation

19. a. An operator shall ensure that all food in their food establishment is:
i. Labelled in accordance with the Pre-packaged Food Labelling Regulations of the Agency ii. Labelled and identified as being from a source that is subject to inspection. b. An operator shall: i. Provide adequate food safety information to enable the purchaser to handle, store, process, prepare or display the food safely; and ii. Ensure that refrigerated, prepared ready-to-eat food that may be held for longer than 24 hours is clearly marked at the time it is prepared to indicate the date by which the food shall be consumed. c. An operator shall ensure that containers, materials, and procedures used for food packaging and labelling meet the following requirements: i. Prevent contamination of the food; ii. Provide an environment that adequately controls contamination; iii. Protect the food from damage likely to make the food inedible.

Food Packaging

20.

a.

b.

Food Storage and An operator shall ensure that all food is stored and transported under transportation conditions that do all of the following: i. Protect the food from contamination and minimize deterioration ii. Provide an environment that adequately controls contamination; iii. Protect the food from damage likely to make the food inedible. A conveyance or container that is used to transport or store food shall be designed, constructed and maintained to meet the following requirements: i. Provide the food with adequate protection from contamination; ii. Allow adequate cleaning and sanitization as appropriate; iii. Adequately maintain temperatures, relative humidity and other conditions necessary to protect food from contamination as a result of harmful microbiological growth; iv. Permit the adequate separation of different foods from one another and from non-food items as appropriate. v. An operator shall ensure that all food received at their food establishment is transported in accordance with subsections 20 a (i) and (ii).

21.

An operator shall: Storing food ingredients and food packaging

a.

b. c.

Ensure that food ingredients and food packaging materials are stored in an appropriate storage conditions that protects the food ingredient or food packaging material from contamination; Provide an environment that is dry and in which moisture and humidity are controlled. Ensure that before being placed in the dry storage room or designated area, opened packages of food ingredients and food packaging materials are transferred to clean, suitably covered containers or are sealed and securely closed; and clearly identified as to content.

22.

An operator shall ensure that articles, equipment or materials not associated with the processing or preparation of food are stored: i. Separately from areas where food is processed or prepared; and ii. In a manner that does not contaminate food or food preparation areas.

Storage of materials not used in food preparation or processing.

23.

a. An operator shall ensure that the temperature of food is controlled so that the food does not deteriorate or become inedible or unsafe. b. An operator shall ensure that food is not held at temperatures within the danger zone c. The operator shall ensure that all refrigeration and heat-holding equipment have temperature measuring devices that are accurate and in good repair.

Food temperature controls

24.

a. A food establishment shall have a quality assurance system in place that identifies, implements, monitors and verifies critical factors in the processing and preparation of food and that effectively prevents contamination or adulteration of food and ensures food safety. b. A quality assurance system shall meet the following requirements: i. Provide mechanisms to identify specific ingredients or food additives and the amounts used in a food; ii. Provide mechanisms to control the addition of food additives and nutrients to meet the requirements of regulations for food additives and food fortification as prescribed by the Agency; iii. Ensure that information on a food label is complete and accurately represents the food; iv. Ensure that controls are put in place to prevent mislabelling of food.

Quality assurance systems

25.

A food establishment shall control food hazards through the use of systems such as Hazard Analysis and Critical Control Points (HACCP). They shall: a. Identify any steps in their operations which are critical to the safety of food; b. Implement effective control procedures at those steps; c. Monitor control procedures to ensure their continuing effectiveness and d. Review control procedures periodically, and whenever operations change.

Control of food hazards

26. A food establishment shall have procedures in place for when a deviation or defect that could affect food safety occurs in their quality assurance program: a. To identify and evaluate food safety hazards b. To isolate defective foods; and c. To set out corrective actions to be taken and ensure that changes are made to the quality assurance system.

Deviation or defect in quality assurance system

27. a. A food establishment shall maintain records that demonstrate the quality assurance system used to ensure food safety in the processing or preparation of food. b. Records maintained under section 27 (a) shall be made available when requested by an inspector.

Maintenance of quality assurance system records

28. a. A potentially hazardous food that is served or sold to a purchaser and is unused or returned by the purchaser shall not be served again or resold.

Serving and reselling unused food

29. a. Except as provided in section 29(b), an operator shall not permit any live animal to be in a food establishment. b. An operator may permit the following live animals to be in a food establishment in the circumstances indicated: i. A guide animal, if permitting the guide animal to enter does not pose a risk of contaminating the food; and ii. Edible fish, crustaceans, shellfish or live fish in an aquarium.

Live animals not permitted in food establishments

30. A food establishment shall establish a system for effectively handling and investigating complaints about the safety of their food.

Handling complaints about food safety

Inspection, testing and contaminated food

31. The Agency may require a food establishment to implement sampling and testing procedures to demonstrate any of the following: i. That food is not contaminated; ii. That an established procedure does not result in the adulteration of food; and iii. That standards set by appropriate government agencies are met. Sampling and testing food

32. An inspector, who reasonably believes that a food in a food establishment is unwholesome, adulterated or contaminated shall do the following: i. Place the food on hold ii. Submit samples to a laboratory designated by the Agency for testing. iii. Release or condemn the food as appropriate and have it disposed of in a manner that is satisfactory to the Agency

Holding and condemning foods

33. An inspector shall, without charge, take samples of a food, ingredient, food additive, container or packaging material used or to be used in the manufacturing, processing or preparation of food, for the purposes of laboratory examination.

Provision of sample to an inspector

34. A food establishment shall not sell, offer for sale, supply, prepare, process, package, display, serve, dispense, store or donate food that is contaminated, adulterated or unwholesome.

Contaminated, adulterated, unwholesome food

35. A person who contravenes a provision of these regulations is guilty of an offence and liable on conviction:i. ii. In the case of an individual, to imprisonment for a term not exceeding two years or to a fine not exceeding N50,000 or to both imprisonment and fine. In the case of body corporate, to a fine not exceeding N100,000.

Penalty

10

b. Where an offence under these Regulations is committed by a body corporate or firm or other association of individuals:i. ii. iii. iv. v. every director, manager, secretary or other similar officer of the body corporate; or every partner or officer of the firm; or every trustee of the body concerned; or every person concerned in the management of the affairs of the association; or every person who was purporting to act in a capacity referred to in paragraphs (i) to (iv), is severally guilty of that offence and liable to be proceeded against and punished for that offence in the same manner as if he had himself committed the offence unless he proves that the act or omission constituting the offence took place without his knowledge, consent or connivance.

36. For the purpose of these regulations unless the context otherwise requires, the following words mean:Act Adulteration Agency Batch/lot Contamination The NAFDAC Act 1993 as amended The addition of any foreign or inferior substance to a food or food ingredient that makes it corrupt, debased, or impure National Agency for Food and Drug Administration and Control Food produced during a period of time indicated by a specific code as appropriate. Exposure of food to conditions that permit or may permit the introduction or the occurrence of any of the following: a. A disease-causing microorganism or parasite, b. Any biological or chemical agent, c. Foreign matter, residues, drugs or any other substance that may compromise food safety; Temperature range in which food is at the highest risk of microbial growth. Fit for human consumption regardless of whether the food requires preparation before being eaten or is ready to eat Food intended for human consumption and include drinks, chewing gum and other products of a like nature and use, and articles and substances as ingredients in preparation of food or drink or of such products, but does not include live animals or birds; or articles or substances used as drugs Any undertaking, whether carried on for profit or not and whether public or private, carrying out any or all of the following operations, namely: preparation, processing, manufacturing, packaging, storing, transporting, distributing, handling or offering for sale or supply, of food. These include but are not limited to food processing factories, hotels, restaurants, cafs, guest houses, supermarkets, canteens, clubs, schools, hospitals, institutions, bukaterias, market stalls, mobile sales and street vending vehicles and temporary premises in which food is handled such as tents.

Interpretation

Danger zone Edible Food

Food business/establishment

11

Food contact surface

Those surfaces that make contact with food and those surfaces which drain onto the food or onto surfaces that make contact with the food during the normal course of operations. "Food-contact surfaces" include utensils and food-contact surfaces of equipment. Any person who directly handles packed or unpackaged food, food equipment and utensils, food contact surfaces and is therefore expected to comply with food hygiene requirements All conditions and measures necessary to ensure the safety and suitability of food at all stages of the food chain Conditions which should be reported to management so that any need for medical examination and/or possible exclusion from food handling can be considered. These include but are not limited to jaundice, diarrhoea, vomiting, fever, sore throat with fever, visibly infected skin lesions (boils, cuts etc), discharges from the ear, eye or nose. A person who holds a permit to operate a food establishment Water which is: i. Fit for consumption by humans ii. Meets Nigerian Industrial Standards for drinking water Having the potential to support the growth of pathogenic microorganisms or the production of toxins Locations where food is handled such as food processing factories, hotels, restaurants, cafs, guest houses, supermarkets, canteens, clubs, schools, hospitals or institutions. They also include but are not limited to bukaterias, market stalls, mobile sales and street vending vehicles and temporary premises in which food is handled such as tents. In relation to food includes cooking, processing, manufacturing and any form of treatment. To substantially change or alter the appearance or nature of a food, to combine with an ingredient or additive or to make foods ready-to-eat A food product that is processed or derived in whole or in part from a specified food and that is intended for human consumption Food that is: i. Normally consumed without washing, cooking or other preparation, or ii. Prepared into a form in which it is consumed without further processing Includes but are not limited to product hold, recall, forfeiture, or destruction, sealing of manufacturing line or facility, withdrawal of product license/registration certificate, prosecution To reduce the number of micro-organisms to a level that does not compromise food safety by means of a chemical agent or physical method In relation to food, its unfitness for human consumption so far as hygiene is concerned.

Food handler

Food hygiene Notifiable conditions

Operator Potable water

Potentially hazardous Premises

Preparation Process Product Ready-to-eat food

Regulatory action

Sanitize

Unwholesome

38.

These Regulations may be cited as the Food Safety Regulations 2009 Made at Abuja this Day of 2009

Citation

12