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321 APPENDICES 322 APPENDIX1: Commendation letter fromEx- Head of State,General Mohammadu Buhari [54.87.17.177] Project MUSE (2024-03-28 19:05 GMT) Appendices 323 APPENDIX 2–NAFDAC Laws 1.Food and Drugs Act (Cap 150) of 1990 (formerly called Food and Drugs Decree No. 35 of 1974). This law repealed state laws in operation at the time with respect to food and drugs. It provided among other things that no one was permitted to sell adulterated food or drugs or food unfit for human consumption or any cosmetic which if used according to instructions on the label would cause damage to the users’ health. Another highlight of this law was that it provided for the appointment of inspecting officers who had the power to enter any premises where violative drugs, food or cosmetics were suspected to be kept. 2.Food and Drugs Act (Amendment) Decree No. 21 of 1999, replaced the Food and Drugs Act (150) of 1990. It amongst other things made it an offence for anyone to tamper with or interfere with the “Hold” label placed on any premises or article by an inspecting officer. It further increased the maximum fine payable on conviction for the contravention of the law from N1,000 to N50,000 (US$8 to US$420). 3.National Agency for Food and Drug Administration and Control Decree No. 15 of 1993 - this is the law that dissolved the Food and Drug Administration Department of the Federal Ministry of Health and in its place established NAFDAC. The powers, structure and functions of NAFDAC are enumerated in the law. It also provides that none of the Agency’s assets may be attached by a court order. It states also that anyone whose premises are entered further to this law is under obligation to assist the NAFDAC officials in carrying out their duties. 4.National Agency for Food and Drug Administration and Control (Amendment) Decree No. 19 of 1999, amends the National Agency for Food and Drug Administration and Control Decree No. 15 of 1993. It, amongst other provisions, increased the maximum fine payable for obstructing NAFDAC officials in the performance of their duties from N5,000 (US$42) to N50,000 (US$420). It also makes corporate entities culpable and liable to be fined N100,000 (US$835) if found guilty of the same offence. 5.Drugs and Related Products (Registration etc.) Decree No. 19 of 1993 makes it unlawful to deal in unregistered drugs. It also states the requirements for the registration of drugs with NAFDAC and conditions under which a NAFDAC 324 The War Against Counterfeit Medicine certificate of registration may be withdrawn, suspended or cancelled. Clinical trials are to be carried out only on obtaining a valid clinical trial certificate and following strictly the terms of that certificate. A convict under this law will be liable to a fine not exceeding N50,000 (US$420) or to imprisonment for a term not exceeding two years or to both such fine or imprisonment. For a body corporate, they are liable to be fined not more than N100,000 (US$835). 6.Drugs and Related Products (Registration etc.) (Amendment) Decree No. 20 of 1999 amends Drugs and Related Products (Registration etc.) Decree No. 19 of 1993 among other things provided that anyone convicted under this law will also be liable to forfeit not only instruments used in committing the offence but will also forfeit any asset or property obtained as a result of the offence. 7.Counterfeit and Counterfeit medicines (Miscellaneous Provisions) Decree No. 17 of 1989, prohibited dealing in counterfeit, fake, adulterated or banned drugs and poisons. It set up the Task Forces at Federal and State levels. 8. Counterfeit and Counterfeit medicines and Unwholesome Processed Foods (Miscellaneous Provisions) Decree No. 25 of 1999 repealed the Counterfeit and Counterfeit medicines (Miscellaneous Provisions) Decree No. 17 of 1989. This is presently the most effective law in terms of deterrent. A convict under this law may be asked to pay a maximum fine of N500,000 (US$4,170) or be sentenced to a prison term of between five and 15 years. It targets not only principal offenders but persons who aid or abet the crime. This is a vast improvement from the provisions of the repealed law which stipulated that this class of offenders could not be fined more than N5,000 (US$42). A convict is liable to forfeit the offending products to the government. Appendices 325 APPENDIX 3 – Old...