FOOD AND DRUGS ACT

Section 10: Powers of inspecting officers

1976Section 10 of 22Federal Republic of Nigeria

(1) An inspecting officer may, in the course of his duty, at any reasonable time and on production of his certificate of designation if so required-
(a) enter (if need be by force) any premises in which he reasonably believes that any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged, stored or sold;
(b) examine any article in the premises which appears to him to be an article to which this Act or the regulations apply or anything in the premises which he reasonably believes is used or is capable of being used for the manufacture, preparation, preservation, packaging, storage or sale of any such article;
(c) take a sample or specimen of any article to which this Act or the regulations apply or which he has power to examine under paragraph (b) of this subsection;
(d) open and examine, while on the premises, any container or package which he reasonably believes may contain anything to which this Act or the regulations apply or which may help him in his investigation;
(e) examine any books, documents or other records found on the premises which he reasonably believes may contain any information relevant to the enforcement of this Act or the regulations and make copies thereof or extracts therefrom; and
(f) seize and detain for such time as may be necessary for the purposes of this Act any article by any means of or in relation to which he reasonably believes any provision of this Act or the regulations has been contravened
(2) In subsection (1) of this section, the expression "article to which this Act or the regulations apply" means-
(a) any food, drug, cosmetic or device;
(b) anything used for the manufacture, preservation, packaging or storing of food, drug, cosmetic or device; and
(c) any labelling or advertising material relating to or for use in connection with any food, drug, cosmetic or device;
but does not include live animals.
(3) The owner or person in charge of any premises entered by an inspecting officer pursuant to this section, and every person found therein, shall give all reasonable assistance
in their power to the inspecting officer and shall make available to the inspecting officer all such information as the officer may reasonably require for the purposes of this Act.
(4) Any article seized under this Act shall be kept or stored in such a place as the inspecting officer may direct and shall be returned to the owner or the person from whom it was seized if the article, upon analysis or examination, is found to conform with the requirements of this Act and the regulations.
(5) Any article seized by an inspecting officer pursuant to this Act or the regulations may be submitted to an analyst for analysis or examination and the analyst, upon making such analysis or examination, shall issue a certificate or report in the prescribed form setting forth the result of such analysis or examination and, without prejudice to the generality of section 19 (2) of this Act, the inspecting officer shall on demand deliver a copy of such certificate or report to the owner of the article if the article is to be the subject of proceedings under this Act.
(6) In this section, "animals" includes birds and fishes.

Cite this section

Section 10, FOOD AND DRUGS ACT (1976).

https://repo.podus.ai/laws/food-and-drugs-act/section/10/