COUNTERFEIT AND FAKE DRUGS AND UNWHOLESOME PROCESSED FOODS (MISCELLANEOUS PROVISIONS) ACT

Section 12: Interpretation

1999Section 12 of 13Federal Republic of Nigeria

In this Act, unless the context otherwise requires-
"Agency" means the National Agency for Food and Drug Administration and Control;
"drug or drug product" includes a cosmetic product containing an active medicinal ingredient;
"drug or drug product" is adulterated if-
(a) the methods used in, or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to ensure that the drug or drug product meets-
(i) the requirements of the Food and Drugs Act as to the safety and has the identity and strength; and
[Cap. F32.]
(ii) the quality and purity characteristics,
which it purports or is represented to possess; or
(b) it purports to be or is represented as a drug, the name of which is recognised in an official compendium and has its strength differing from, or its quality or purity falling below the standard set forth in the compendium;
''fake drug" means-
(a) any drug or drug product which is not what it purports to be; or
(b) any drug or drug product which is so coloured, coated, powdered or polished that the damage is concealed or which is made to appear to be better or of greater therapeutic value than it really is, which is not labelled in the prescribed manner or which label or container or anything accompanying the drug bears any statement, design or device which makes a false claim for the drug or which is false or misleading; or
(c) any drug or drug product the container of which is so made, formed or filled as to be misleading; or
(d) any drug or drug product the label of which does not bear adequate directions for use and such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health or against unsafe dosage or methods or duration of use; or
(e) any drug or drug product which is not registered by the Agency in accordance with the provisions of the Food, Drugs and Related Products (Registration, etc.) Act
[Cap. F33.]
"law enforcement officer" means-
(a) a police officer; or
(b) an inspector appointed by the Pharmacists Board of Nigeria; or
(c) an inspecting officer designated as such under the provisions of subsection (1) (c) of section 9 of the Food and Drugs Act
[Cap. F32.]
"Minister" means the Minister charged with responsibility for matters relating to health;
"Task Force" the Federal Task Force or the State Task Force;
"unwholesome processed food product" means any food product which-
(a) consists in whole or in part, of any filthy, putrid or decomposed substance; or
(b) has been prepared, packaged or stored under insanitary conditions where it may have been contaminated with filth or whereby it may have been rendered injurious to health; or
(c) is packed in a container composed in whole or in part of any injurious or deleterious substance which may render the content injurious to health; or
(d) bears or contains for the purposes of colouring only a colour other than one which is prescribed; or
(e) contains any harmful or toxic substance which may render it injurious to health or has been mixed with some other substance so as to reduce its quality or strength.

Cite this section

Section 12, COUNTERFEIT AND FAKE DRUGS AND UNWHOLESOME PROCESSED FOODS (MISCELLANEOUS PROVISIONS) ACT (1999).

https://repo.podus.ai/laws/counterfeit-and-fake-drugs-and-unwholesome-processed-foods-miscellaneous-provisions-act/section/12/