Compliance with packaging and labelling regulations is crucial for Fast Moving Consumer Goods (FMCG) manufacturers and importers in Nigeria. More so, for FMCG manufacturers and importers operating in Nigeria, navigating these frameworks on labelling requirements related to product quantity, quality, and pricing information to safeguard consumer interests and promote transparency in the marketplace is sacrosanct. This article dives into the intricate details of packaging and labelling regulations in Nigeria, placing a special emphasis on the stringent requirements set forth by NAFDAC, SON, and by extension, the FCCPC.
Introduction
The packaging and labelling of Fast-Moving Consumer Goods (FMCGs) in Nigeria are subject to strict regulations aimed at safeguarding consumers and maintaining equitable trade practices. The National Agency for Food and Drugs Administration and Control (NAFDAC), the Standards Organisation of Nigeria (SON), and the Federal Competition and Consumer Protection Commission (FCCPC) serve as the primary regulatory bodies responsible for overseeing the enforcement of these regulations. Adherence to these regulations is of paramount importance for FMCG manufacturers and importers to forestall legal and financial repercussions, safeguard their reputations, and prevent harm to consumers.
Moreover, amidst a plethora of regulators, the NAFDAC regulations cover a wide range of aspects related to packaging and labelling. These include product identification and classification, ingredient disclosure, nutritional information, warning labels, product certifications, and environmental considerations. Manufacturers and importers need to understand and comply with these intricate regulations to ensure that their products meet the necessary standards.
Legal Frameworks for Product Packaging and Labelling and Their Regulatory Bodies
- National Agency for Food and Drugs Administration and Control (NAFDAC) Act, - administered by the National Agency for Food and Drugs Administration and Control.
- Federal Competition and Consumer Protection Act, 2018 – administered by the Federal Competition and Consumer Protection Commission (FCCPC).
- Standards Organisation of Nigeria Act 2015 – administered by the Standards Organisation of Nigeria (SON).
Regulatory Framework for Packaging and Labelling
NAFDAC Packaging Requirements
The provisions of Section 30 of the NAFDAC Act confer authority upon the governing Council of NAFDAC to formulate regulations, subject to the approval of the Minister of Health, to effectively execute and enforce the stipulations of the Act. Under this, NAFDAC issued the NAFDAC PrePackaged Food (Labelling) Regulations, 2022 in Nigeria. These Regulations are designed to strengthen consumer protection measures by providing comprehensive guidelines for the labelling of pre-packaged food items. It includes detailed requirements for ingredient listing, nutritional information, net quantity declaration, and guidelines for allergen labelling. The objective is to ensure that consumers have access to accurate and clear information about the food products they buy, empowering them to make informed choices. Through the implementation of these Regulations, the objective is to uphold elevated food safety standards and establish a food industry characterised by enhanced transparency and a steadfast commitment to consumer welfare. The Regulations mandate that the labelling of pre-packaged food items adheres to the specified requirements:
- Scope of Application: This Regulation applies to all pre-packaged food products in Nigeria, governing their manufacturing, importation, exportation, sale, distribution, and use. This includes a wide range of food items intended for human consumption, such as beverages, snacks, and ingredients.
- Product Identification: The pre-packaged food product's name must be prominently displayed on the Principal Display Panel (PDP) of the label. It should accurately represent the product's true nature and specifics in accordance with Codex Standards. The product name must be clear, concise, and not misleading.
- Ingredient Disclosure: The label for the food product should contain a detailed list of all the ingredients used, including additives and preservatives. This list should be organised in descending order of proportion to provide consumers with clear information about the composition of the product.
- Brand Name: All pre-packaged food items bearing a brand name or trademark are required to prominently display that name on the label. The displayed name should not mislead or misrepresent the true characteristics, quality, or contents of the food product. Additionally, should the brand name or trademark conflict with any regulations or requirements set forth by the relevant regulatory agency, the regulations or requirements of the Agency will take precedence.
- Net Content Declaration: The net content of the pre-packaged food product must be clearly stated on the label, enabling consumers to make informed purchasing decisions. The net content must be expressed in metric units (grams, millilitres, or litres) and be accurate to within 5% of the actual content.
- Manufacturer and Distributor Information: The label must contain the name and contact information of the manufacturer and distributor, facilitating traceability and accountability. This includes the address, phone number, and email address.
- Storage Conditions and Date Marking: The product label must include specific storage conditions—such as "Store in a cool, dry place"—and date marking, for example, "Best Before" or "Best Quality Before Date," to inform consumers about the shelf life and storage requirements of the product. However, it is important to note that this requirement does not extend to fresh fruits and vegetables, unpeeled or uncut tubers, alcoholic beverages with a minimum of 10% alcohol by volume, vinegar, noniodised food grade salt, and non-fortified solid sugar.
- Batch Number and Registration Number: The batch number and registration number must be displayed on the label, enabling effective product tracking and recall. For quality control and regulatory compliance, each production batch necessitates a unique batch number, and NAFDAC mandates the issuance of the registration number.
- Language: The label shall be in English Language and in any other language that is easily understood by the intended consumers, ensuring accessibility and inclusivity. The language must be clear, concise, and unambiguous.
- Nutritional Information: The label on the food product packaging is required to display detailed nutritional information, which is aimed at empowering consumers to make well-informed decisions regarding their dietary and overall health. The nutritional information required must include the energy content, along with the amounts of macronutrients (such as protein, fat, and carbohydrates) and micronutrients (like vitamins and minerals). However, the Agency has the authority to provide exemptions for certain cases, such as small-quantity ingredients, excluding fats and oils, spices and herbs, small units measuring less than 10cm2, nutritionally insignificant foods, and any other items as determined by the Agency.
- Allergen Warning: Food products that contain allergenic ingredients, including peanuts, tree nuts, fish, shellfish, milk, eggs, wheat, and soy, must include a clear warning statement.
- Nutrition Claims: Any nutrition claims made on the label must be substantiated by scientific evidence and comply with NAFDAC's guidelines for nutrition claims.
- Labelling of Specialised Foods: Specialised foods, such as infant formula, baby foods, and foods for special dietary uses, must comply with additional labelling requirements.
Holistically, the 2022 NAFDAC Pre-Packaged Food (Labelling) Regulations are intended to uphold public health and safety by enforcing precise and transparent food product labelling in Nigeria. Adherence to these Regulations is mandatory for food manufacturers, importers, and distributors to preclude potential legal and regulatory ramifications.
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