Produce Adulteration Law

1. Citation. This Law may be cited as the Produce Adulteration Law.

2. Interpretation. In this Law- "adulterate" means falsify, deteriorate or increase the apparent bulk or weight or conceal the inferior quality of produce by the combination, admixture or addition therewith or thereto of some foreign, superfluous or inferior substance, matter or thing, whether deleterious or not, or by the use of artificial means, and includes abstracting from produce part of it so as to injuriously affect its nature, substance or quality, or soaking or manipulating it so as to increase its bulk or weight; "clean" means to free produce from any foreign, superfluous or inferior matter by picking, boiling or other means, and includes to free produce from excessive moisture; "examiner" means a produce examiner appointed under section 3 and includes any person appointed to assist a produce examiner in the execution of his duties; "produce" includes raw produce and produce partly or wholly manufactured.

3. Appointment of produce examiners. The Public Service Commission may appoint produce examiners for the purposes of this Law.

4. Offences in relation to produce. Any person who shall- (a) adulterate or cause to be adulterated any produce intended for sale; [No. 3 of 1968.] (b) sells or has in his possession or tender in satisfaction of any just claim or demand any adulterated produce, shall be liable on conviction to a fine of five hundred naira or imprisonment for three months for a first offence and to a fine of one thousand naira or imprisonment for six months for a second or any subsequent offence, and the produce together with the receptacles containing same and any article or thing by means of which the offence was committed may be forfeited: Provided that- (i) no person shall be liable to be punished for an offence under paragraph (b) above, if he shall satisfy the court that he was not aware and could not with reasonable diligence have become aware that the produce was adulterated and that he had taken all reasonable precautions against the commission of the offence, and that on demand made by the prosecutor, he gave all the information in his power with respect to the person or persons from whom he obtained the produce; (ii) where a person is charged under this Law and who has not been previously convicted of an offence against this Law and it appears to the court that the produce is capable of being cleaned, the court may, if it should think fit, order the accused to clean the produce to the satisfaction of the court in lieu of imposing any other penalty.

5. Powers of an examiner. An examiner may- (a) enter any building or premises in or op which there is or is believed to be any produce intended for sale or in the course of preparation for sale; (b) stop any vehicle, boat or canoe in which any produce is being conveyed; (c) examine any produce and take samples thereof; (d) seize and detain to be dealt with as hereinafter provided- (i) any adulterated produce and the receptacles containing same; (ii) any vehicle, boat or canoe in which any adulterated produce may be found.

6. When adulterated produce detained may be released. When any produce shall have been seized and detained the examiner shall, if he is satisfied that the owner of the produce was not aware that the produce was adulterated, permit the owner to clean same and shall, when the produce has been cleaned, release same and any receptacle, vehicle, boat or canoe which may have been seized and detained in connection therewith.

7. Detention to be reported to the nearest magistrate. Except as provided in the preceding section, an examiner shall forthwith report the seizure and detention of any produce, vehicle, boat or canoe to the nearest Magistrate.

8. Forfeiture when owner not known or cannot be found. When any produce has been seized and detained under the powers conferred by section 5 and the owner thereof is unknown or cannot be found, a complaint may be laid for the purpose only of enforcing forfeiture of such produce, and the magistrate having jurisdiction in the place in which such produce is detained, may cause notice to be given in such manner as he may think proper, stating that, unless cause be shown to the contrary at the time and place named in such notice, such produce will be forfeited; and at such time and place the magistrate, unless cause is shown to the contrary, may order the forfeiture of the produce and the receptacles containing same.

9. Appointment of produce experts. The Governor or any officer authorised by him in that regard may prepare and publish a list of fit and proper persons to be produce experts for the purposes of the next succeeding section.

10. Power of court to direct examination by produce expert. In any proceeding for an offence against this Law, the court may, if it thinks fit, direct any produce expert to examine any produce or sample thereof and to report thereon to the court, and the report of such produce expert shall be sufficient evidence of the facts stated therein unless the person charged shall require such expert to be called as a witness.

11. Warrants on sale of produce. On the sale, or in the contract for the sale of any produce, the vendor shall be deemed to warrant that the produce, is not adulterated unless the contrary be expressed in some writing signed by, or on behalf of the vendor, and delivered at the time of the sale or contract to, and accepted by the purchaser.

12. Power to make regulations. The Executive Council may make regulations for all or any of the following purposes- (a) prescribing the fee to be paid to a produce expert for examining and reporting on produce; (b) prescribing the manner in which examination and tests shall be conducted; and (c) generally for the carrying out of the purposes of this Law.