Consumer Protection Council Act

In exercise of the powers conferred upon it by section 31 of the Consumer Protection Council Act and of all other powers enabling it in that behalf, the Consumer Protection Council with the approval of the Honorable Minister of Commerce hereby makes the following Regulations.

1. (1) Every product manufactured, imported, advertised, sold or distributed in Nigeria shall be registered with the Council in accordance with the provisions of these Regulations.
   (2) Products registered by or subject to registration by the National Agency for Food and Drug Administration and Control or any other regulatory agency of the Federal Government of Nigeria may be exempted from paying registration fees or may attract such reduced registration fees as the Council may determine.
2. (1) Application for the registration of products shall be made in writing giving such particulars as are specified, in the Consumer Protection Council Registration Form in the First Schedule to these Regulations.
   (2) The applicant seeking registration of a product or products shall pay such non-refundable registration fees as may be prescribed by the Council from time to time and it shall accompany the application for registration.
3. (1) The Council may issue a certificate of registration as specified in the Third Schedule to these Regulations to the applicant, if it is satisfied that the applicant has complied with the provisions of the Regulations.
   (2) A certificate of registration shall not be issued unless the applicant undertakes as specified in the Second Schedule, to these regulations to promptly respond to consumers’ complaints not later than 14 days of the receipt of such complaints in the promotion of the interests of consumers.
4. Where the Council decides that an application for a product or products is not satisfactory, the applicant shall be duly informed of the reasons for the disapproval and the applicant may be at liberty to resubmit another application.
5. (1) A certificate of registration issued by the Council under Regulation 3 of these Regulations shall be valid and operative for a period of 5 years or such other period or extension of period as the Council may from time to time prescribe.
   (2) A certificate of registration may be suspended, withdrawn, or cancelled by the Council at any time if -
   (a) The grounds on which the product or products was registered were false or incomplete; or
   (b) The circumstance under which the product was registered no longer exists; or
   (c) any of the conditions or undertaking under which the product was registered have been contravened; or
   (d) The standard of quality, safety or efficacy as prescribed in the documentation for registrations are not being complied with. Original certificate of registration to be produced on demand.
6. A manufacturer, importer, advertiser or distributor shall be required to produce within 2 days on demand by any person duly authorised by the Council, the original certificate of registration granted in respect of any product. Offenses and penalty.
7. If any person contravenes the provisions of these Regulations, the Council shall prohibit the person from carrying on the manufacture, distribution, sale, advertisement and importation of the product or products absolutely or for such period of time as the Council may declare in addition to the payment of a fine of N50,000. Interpretation.
8. In these regulations, unless the context otherwise requires – “Consumer” means any person who –
   (a) Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys the goods when such use is made with the approval of the first mentioned person but does not include a person who obtains such goods for resale; or
   (b) Hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails himself of the services, when such services are availed of with the approval of the first mentioned person. “Council” means the Consumer Protection Council; “Director-General” means the Director-General of the Council; “Product” means any manufactured goods, creation, merchandise, produce, item for consumption, imported, distributed, advertised for sale and sold in Nigeria and shall include services or any business, act or performance of an intangible nature that does work or caters for consumers, but does not make goods. Citation.
9. These Regulations may be cited as Consumer Protection (Products and Services Monitoring and Registration) Regulations 2005.