PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT
Section 7: Power to make regulations As Amended by Section 2 of the PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) (AMENDMENT) ACT, 2016.
(1) The Minister with the advice of the Board may make regulations prescribing or providing for-
(a) the precautions which shall be taken to prevent the occurrence and spread of pest infestation in produce at Lagos by means of inspection thereof and for such purposes prescribing or providing for the powers and duties of officers concerned in pest control;
(b) the inspection and grading according to its quality and purity of any produce at its port of shipment, and prohibiting or regulating the export of any produce which has not been so inspected and graded, or which does not conform to standards prescribed in accordance with the Commodity Boards Act or any other law;
(c)
the structural conditions to which stores or buildings used or partly used for the inspection, grading and storage of produce in Lagos State must conform, and providing for the registration, licensing, classification and number of such stores or buildings by the former Western Nigeria Produce Inspection Service and for the conditions under which produce shall be stored;
(d) prohibiting the inspection and grading of produce on any premises in Lagos State which do not conform to the prescribed conditions, or which have not been registered;
(e) in Lagos State, prohibiting the transport of adulterated produce or produce which cannot be passed or graded in accordance with any written law, and generally prohibiting the traffic in such produce;
(f) the type of containers to be used for produce and the packing, closing, marking or sealing the same;
(g) the type of marking appliances to be used by an inspector and the designs or letters to be placed on such marking appliances and, for Lagos only, the types of seals, presses or punch dies to be used by any officer of the Produce Inspection Services and the designs or numbers to be placed on such seals, presses or dies;
(h) the form and place in which registers shall be kept by the person in charge of any store or building licensed under paragraph (c) hereof for storage of specified produce, and for the inspection of such registers by specified officers;
(i) what shall be deemed to constitute adulteration for the purposes of this Act, in respect of any description of produce;
(j) penalties for offences against any regulation made hereunder not exceeding a fine of N20,000 or imprisonment for six months or both;
(k) powers and duties of produce officers, assistant produce officers or inspectors, to permit or require the cleaning of any produce, and the removal and destruction of any extraneous matter or siftings separated from produce, and empowering pest infestation control officers to require the fumigation or treatment of produce, stores, buildings or platforms used or partly used for the storage of produce, for the purpose of decontamination;
(l) the fees to be paid including those for inspection or re-inspection, or overtime;
(m) conditions for the working of overtime by assistant produce officers or inspectors, and the officers who may issue permits for overtime work;
(n) the appointment of licensing authorities, and the grant, renewal, form and duration of any licences which may be prescribed, and the conditions which may be attached thereto;
(o) the appointment of markets and inspection stations;
(p) generally, for the better carrying into effect of the provisions of this Act;
(q) in relation to the making of regulations, the Minister shall not be bound to accept the advice of the Board.
(2) The Minister may make regulations without the advice of the Board in any case in which the matter is, in his judgement, too urgent to admit of the giving of their advice in the time within which it may be necessary to make the same.
(3) Any such regulations shall be laid before the National Assembly at the next meeting thereafter and the National Assembly may approve or revoke such regulations but any revocation shall be without prejudice to anything lawfully done thereunder or to the making of further regulations.
Cite this section
Section 7, PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT (1959).
https://repo.podus.ai/laws/produce-enforcement-of-export-standards-act/section/7/