Section 16: Power of the Minister to declare established standards as binding.

(1) The Minister may from time to time on the recommendation of the Council by-
(a) Order published in the Federal Gazette; or
(b) publication in any two national dailies having nation-wide circulation; or
(c) notice served on any affected manufacturer,
declare that an industrial standard established under section 12 of this Act shall be binding.
[1990 No. 18.]
(2) Any industrial standard declared and published in the Federal Gazette by virtue of subsection (1) of this section shall be known as "Mandatory Industrial Standard".
(3) It shall be the duty of every manufacturer of any item of manufacture in respect of which a mandatory industrial standard has been declared to ensure that the item complies with (or was manufactured in accordance with) such standard which is for the time being in force.
(4) If any item of manufacture does not comply with a mandatory industrial standard, and that item is sold or delivered to any person with a view to its being sold to the public-
(a) the manufacturer of the item; and
(b) any person who sells, or is concerned in the sale of, the item knowing that it does not comply with such standard, shall be guilty of an offence under this Act and shall be liable on conviction-
(i) in the case of the manufacturer, to a fine not less than N50,000 but not exceeding N100,000 or to imprisonment for a term not exceeding five years or to both such fine and imprisonment;
(ii) in the case of a seller, to a fine not less than N5,000 but not exceeding N10,000 or to imprisonment for a term not exceeding two years or to both such fine or imprisonment.
[1990 No. 18.]
(5) If any item of manufacture does not comply with a mandatory industrial standard, and that item is sold or delivered to any person with a view to its being sold to the public, the manufacturer of that item shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding N1,000 or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
(6) In any criminal proceedings commenced against any person under this section, the production of a certificate signed by the Director-General or any other person duly authorised by the Director-General stating that an item of manufacture does not comply with the applicable mandatory industrial standard and describing the nature of the failure to comply with the mandatory industrial standard shall be sufficient evidence of such failure to comply.
(7) For the purposes of the trial of any person charged with an offence under this section, any item of manufacture bearing the name or mark of that person shall, unless the contrary is proved, be presumed to have been manufactured by that person and the item shall be presumed to have been produced by him in the form in which it was found offered for sale.
(8) Where any person is convicted of an offence under this section, the court may make such order as to the forfeiture or destruction of the item of manufacture in question as it may think appropriate in the circumstances.