PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT

Section 2: Interpretation

1959Section 2 of 27Federal Republic of Nigeria

(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;
"expose for sale" includes to place any produce on premises on which produce is habitually 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 produce inspector of the Produce Inspection Service of the Federation, and includes any person 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;
"licensing authority" means an authority empowered under this Act to grant a licence;
"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 section, 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 Produce Inspection Service of Ekiti, Ogun, Ondo, Osun and Oyo States-
(a) shall have and may exercise in respect of Lagos all the powers and duties conferred in this Act upon officers of the Produce Inspection Service of the Federation; and
(b) shall have and may exercise in respect of Lagos all the powers and duties conferred upon them in Ekiti, Ogun, Ondo, Osun 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, Osun and Oyo States thereto.

Cite this section

Section 2, PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT (1959).

https://repo.podus.ai/laws/produce-enforcement-of-export-standards-act/section/2/