How to register foreign produced consumable products in Nigeria

How to register foreign produced consumable products in Nigeria

July 23, 2019

NAFDAC is the agency responsible for the control and regulation of consumable products in the country. Some of the products they regulate include: food, drugs, cosmetics, medical devices and packaged water including all drinks, animal feed and veterinary products, etc

Follow the below steps to register your food or food product

STEP 1: DOCUMENTATION

The following documents (all originals and two (2) set of photocopies) are to be submitted.

  1. Notarized declaration: to be type-filled and notarized by a Notary public here in Nigeria
  2. Power of Attorney or Contract Manufacturing Agreement

Power of Attorney shall be issued by;

  1. Issued by the manufacturer of the product
  2. Signed by the MD, GM, Chairman or President of the Company, stating the names of the products to be registered.
  3. Notarized by a Notary Public in the country of manufacture
  4. State ownership of brand name/ trademark
  5. Valid for at least five years

 Contract Manufacturing Agreement;

  1. Shall be notarized by a Notary public in the country of manufacture
  2. Shall be signed by both parties stating names and designations of the signatories with the names of all the products to be registered and other relevant clauses clearly explained in an unambiguous language

3. Certificate of Manufacture and free sale shall be :

i. Issued by the relevant health/regulatory body

ii. Indicate the name of manufacturer and products to be registered

iii. Authenticated by the Nigerian Embassy in the country of origin. In countries where no Nigerian Embassy exists, British High Commission or any commonwealth or ECOWAS country commission can authenticate

4. Comprehensive Certificate of Analysis

The certificate of analysis must be presented on a letter headed paper of the quality control laboratory where the sample was tested/evaluated and should contain ;

i. The brand name of the product

ii. Batch number of the product

iii. Manufacturing and expiry dates

iv. Name, designation and signature of the analyst

 

5. Certificate of Business Incorporation of the importing Company with the Corporate Affairs Commission

6. Certificate of Registration of Brand Name with the trademark registry in the Ministry of Commerce in Nigeria/ evidence of trademark approval from Federal Ministry of Commerce and Tourism Abuja. This should be done in the name of the owner of trademark as the case may be

7. Application letter for import permit by the local representative

8. Duly completed Registration Form purchased online http://registration.nafdac.gov.ng/

9. Colored artwork / label of the product and leaflet insert of the product

10. Evidence of GMP inspection by NAFDAC

11. GMP invitation letter: a letter of invitation to inspect the factory abroad shall be written by the manufacturer and shall state the following;

MANUFACTURER INFORMATION: Name of company, full location address of the factory, email address and current phone no and fax no.(not administrative office address), name of contact person overseas, telephone no, email address. Name of airport closest to the location and guide map illustrating the shortest land/air route to the factory overseas.

LOCAL AGENT INFORMATION: Name of company, full location address and functional telephone, fax no, email address, name(s) of product (s) for registration, name and mobile phone number of contact person in Nigeria.

STEP 2: IMPORT PERMIT

Upon satisfactory documentation, import permit (permit to import samples for registration) shall be obtained from the respective units after payment.

STEP 3: PRODUCT VETTING

The following are to be submitted for sample vetting;

  1. A copy of the import permit and receipt of payment for import permit
  2. Certificate of analysis of the product (s)
  3. One (1) well labelled vetting samples of the product and two (2) labels/ artworks

STEP 4: LABORATORY ANALYSIS

Upon satisfactory documentation, vetting of samples and payment, laboratory samples are to be submitted at the respective units.

Team 618 Bees

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advise, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advise from the particular facts and circumstances at issue from a lawyer.This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

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Frequently Asked

  • What additional documents do I require to file my Annual Returns?
  • What is the first thing I must do to register a business in Nigeria?

    To register a business in Nigeria; you would need to conduct a name search of the business. You can achieve this using your CAC-CRP account.

  • What is a testimonium clause in an agreement?

    This is the part of the agreement where the witness attests to have witnessed the execution of the agreement.

  • What are the benefits of Registering with SON?
    1. Product traceability in the Nigerian market
    2. Detection of counterfeit products
    3. Barriers to the circulation of substandard goods
    4. The official SON Product Registration Logo and number are displayed on registered products.
  • What is personal data?

    This is any information that can be used to identify an identifiable human person such passport photograph.

  • what does copyright protect?
      1. Music, books, brochures and written materials.
      2. Photographs, drawings and illustrations.
      3. Films and videos.
      4. Logos and packaging.
      5. Computer programs and games.

     

  • Is there a penalty for late renewal of registration of products with NAFDAC?

    Yes, there is a late renewal fee, which is dependent on the category of the product.

  • Can a minor be a company director?

    No, a minor cannot be a director. A minor under Nigerian Law is anyone who is below 18 years of age.

  • Can I trademark my logo and name separately? Why is this a good idea?

    Yes you can. The advantage is that it gives you the opportunity to have more than one logo or the opportunity to change your logo easily as opposed to registering the name and the logo as one trademark.

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