All animal feed, pet products, feed concentrates, feed additives, premixes, and fish meals require registration with the National Agency for Food and Drug Administration and Control (NAFDAC), before marketing in Nigeria. NAFDAC requires that all applications be sent to it’s Veterinary Medicine and Allied Products (VMAP) directorate which is responsible for regulating the manufacture and distribution of feeds, feed ingredients, feed additives and drugs for animals.
Evaluations are conducted by staff of the VMAP directorate and the overall registration process is as follows: Obtain Permit to Import (for imported products only)→→Product Vetting→→Laboratory Analysis →→Product Approval. Upon approval, a certificate of product registration will be issued and it is valid for 5 years after which a renewal may be filed.
Guidelines for Imported or Locally-Manufactured Animal Feed and Pet Products
NAFDAC has issued a number of guidelines to assist persons seeking to import or register locally-manufactured animal feed, pet products, feed concentrates, feed additives and premixes. Some of these guidelines include the following:
- Guidelines for Registration of Locally-Manufactured Animal Feed, Pet Food and Premixes.
- Guidelines for Registration of Imported Animal Feed, Pet Food and Premix.
- Guidelines for Obtaining Permit to Import Feed Supplement, Feed Concentrates, Feed Additives, Fish Meal etc.
- Guidelines for the Establishment of Food Manufacturing Plants in Nigeria.
Registration Checklist/Documentation for Animal Feed and Pet Products Registration
In addition to the application form (obtained from NAFDAC after payment of the prescribed fees), applicants seeking registration must submit two sets of the following documents to VMAP:
- Certificate of registration of brand name/Evidence of trademark registration from the Federal Ministry of Commerce and Industry in Nigeria, in favour of the owner of the trademark.
- Company’s organogram stating the names and qualifications of technical officers and a certified true copy of the particulars of directors – Form C07.
- Comprehensive Certificate of Analysis of the batch of products to be registered including radiation free report indicating the name and designation of the analyst and signature.
- Certificate of business incorporation of the applicant with the Corporate Affairs Commission in Nigeria. Applicants should also include certified true copies of the memorandum and articles of association and make available the original documents for sighting.
- For imported feeds, applicants should make available copies of their current tax clearance certificate issued by the Federal Inland Revenue Service (FIRS); Provide a Power of Attorney or Contract Manufacturing Agreement (notarized in the country of manufacture), a letter of invitation from the manufacturer for the inspection of factory abroad and a Manufacturing License or Free Sale Certificate.
- Product labels that comply with NAFDAC’s guidelines.
- Expired license (for product renewal).
- If any special claim is made, evidence must be provided to substantiate the claim.
- Letters of employment and acceptance, two (2) passport photographs and credentials of the technical/supervising officer with a minimum of a National Diploma in related sciences such as Animal Science, agro-sciences etc.
- Current medical certificate of fitness of the technical officer and other staff in the warehouse.
- Evidence of fumigation of premises/factory or pest control.
- The application must indicate the names of items, quantities in metric tonnes, the uses of intended items, their sources and must be signed by the MD/CEO or the technical officer. If the items to be imported are more than ten (10), applicants must provide an electronic document that lists the quantities to be imported.
The Application Process
The overall process of a feed registration is as follows: Obtain Permit to Import, Product Vetting, Laboratory Analysis and Product Approval.
Applicants seeking registration of animal feeds, pet products, feed additives etc., must ensure that their labeled samples include the following:
(a) Name of product .
(b) Full name and location address of manufacturer.
(c) Batch number.
(d) Manufacturing date.
(e) Expiry date.
(f) Net weight.
(g) Storage conditions.
(h) The ingredients must be listed by their common names and quantitatively in order of their predominance by weight.
Product Registration Fees/Tariffs for Registration
The registration fee shall include the fees for the application form, inspection, laboratory analysis and the issuance of the certificate. Fees and tariffs are determined by NAFDAC.
Filing Product Registration Renewals
Registrations are granted for a five year period. Failure to apply to renew the registration of a feed will automatically result in the expiry of the registration. When submitting an application for renewal, an applicant must include the expired license in addition to the documents required for new applicants. The process for evaluating a renewal application is very similar to a new registration and the cost of renewal of a product registration license is typically 60% of the total cost of registration.
This Article was originally published on July 30, 2014 on Nigerian Law Intellectual Property Watch as part of NLIPW Patents Law Vol. 2 No. 10.