Foodstuff Regulation Bye-Law 2016

Pursuant to the provisions of Section 7 and the Fourth Schedule to the Constitution of the Federal Republic of Nigeria 1999, and other relevant sections of the Local Government Act, Laws of the Federal Capital Territory, Abuja, 2006 and all other laws enabling it in that behalf, the Bwari Area Council hereby makes the following Bye-Laws.

Display and Sale Requirements

No person shall display or offer for sale to the public in any market or any other public place any of the foodstuffs specified in the First Schedule to this Bye-Law unless these foodstuffs are suitable, protected from contamination, and kept in the appropriate containers specified in the Schedule.

General Hygiene Standards

• Foodstuffs, including flour and other confectioneries, shall be kept clean at all times.
• Every foodstuff premises shall be adequately ventilated and all openings screened to ward off flies and other vermin.
• Every foodstuff handler shall maintain high levels of personal hygiene at all times.
• Vehicles for use in the transportation of flour, meat and other confectioneries shall be clearly painted and branded in a form approved by the Area Council.
• No person(s) shall display or offer for sale foodstuff meant for human consumption on verges, setbacks of roads, tops of drains, canals, or open spaces in a manner that exposes such food to contamination.
• Vegetables that are dangerous to children or adults either by their effluvia or through eating their leaves, seeds, fruits or flowers should not be sold.

An Environmental Health Officer from the Council shall:

• Have the right to inspect any premises where foodstuffs are being sold at all reasonable times.
• Carry out inspection of such premises where foodstuffs are being sold, stored and processed.

The Council shall institute charges against any act or omission which appears or is deemed to be illegal, dangerous, injurious and against social norms, welfare, health and hygiene or in violation of this Bye-Law.

Where any foodstuff seller has been prosecuted and convicted for a second or subsequent offence, the council may revoke the licenses given to such foodstuff seller and handlers, if considered necessary in the interest of public health.

Any person who contravenes or fails to comply with any of the provisions of this Bye-Law shall be guilty of an offence and on conviction shall be liable to:

• A fine of ₦5,000 (Five Thousand Naira) for an individual or, in default of payment, to imprisonment not exceeding three months.
• A fine of ₦50,000 (Fifty Thousand Naira) for departmental stores or warehouses or, in default of payment, to imprisonment not exceeding three months.

Without prejudice to the foregoing, in deserving cases such foodstuff premises as departmental stores, supermarkets and warehouses may be ordered sealed up unless conditions imposed are complied with.

A Magistrate Court established under the law of FCT shall have jurisdiction for the trial of offences under this Bye-Law.

This Bye-Law shall be cited as the Foodstuff Regulation Bye-Law (No. 8) 2016. The Schedule to this Bye-Law may be varied by a resolution of the Area Council.