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THE ROLE OF NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (NAFDAC) IN CONSUMER PROTECTION IN NIGERIA

CHAPTER ONE

INTRODUCTION

1.1    BACKGROUND TO THE STUDY

NAFDAC was established by decree 15 of 1993 as amended by decree No 1999 to regulate and control importation, exportation, manufacturing, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, the target chemicals bottled water, all non as regulated product.

The importance of food and drugs to man and animal particularly is very obvious.  They need food in order to grow and sustain life.  While life goes on and because of the inherent deposition to illness, the organs of the body may not always function properly.  Such body dysfunction may be due to infection arising from the in take of contaminated food or water.  It may also result from the effect of corrosive or poisonous chemicals on the body or due to breakdown following exhaustive work on degeneration of the body organs.

These situation of ill health provided the compelling need for drugs in order to modify functioning of the body and restore it to normal.  To be acceptable, the drugs must not be deterious to the body but should rather produce a positive effect, which leads to restoration of normal life.  In like manner, cosmetics should have no harmful effect on the body to which they are applied.

It is the duty of governments to protect the health and the citizens.  The challenge in this regard, a part from that of providing treatment facilities for the sick, is to prevent the hazards arising from unwholesome foods, ineffective, substandard and adulterated drugs, toxic and corrosive cosmetics and chemicals as well as contaminated water.

1.2    STATEMENT OF THE PROBLEM

Foods, drugs, cosmetics water etc are common products, there is no single home where soap, salt, vegetable oil, body cream, water, paracetamol, tooth paste etc are not used daily, whereas for other product like clothing, utensil, furniture which quality can sensorial be rightly appraised it is not so with the former products for example can any individual rightly and safely declare the constituents of his favourite imported or local biscuits just with his sensory organ?  It is impossible.  This is because to do such requires:

i)  Determining the condition under which the product is manufactured.

ii)  Ascertaining its physicochemical and microbiological constituents.

iii) Determining whether the prepared food has more nutritional value than another.

iv)  Determining the toxicity on human being.

v)   Ensuring that its constituents is what the label says it is etc.

vi) Ascertaining whether the performance of the product will meet consumers need.

1.3    OBJECTIVES OF THE STUDY

Prior to the creation of NAFDAC in 1992, the control and regulation of food, drugs, cosmetics, chemical and packaged water was seriously hampered by bureaucratic bottlenecks among other factors.  The decision of government to create the agency in 1992 was therefore informed by desire to ensure a more effective control of food, drugs and other regulated products.  During the inauguration of the NAFDAC council on December 1992, the minister of health Professor Olikoye Rasome Kuti had this to say “NAFDAC as an agency is being inaugurated today, to give a frontal attack to the health problems arising from foods, chemicals, drugs, cosmetics, medicine and similar regulated product without the inhibition of the civil service setting”.

“Furthermore, they have ensure that the regulated product other for consumption to unsepted consumers are of good quality, save nutritious efficacious and wholesome as desire.  This product have a greater impact on human health such that their effective control is necessary in other to avoid catastrophic consequences on the consumers.

Furthermore, they have to ensure that the regulated product other for consumptions to unsepted consumers are of good quality, save nutritious efficacious and wholesome as desire.  This product have a greater impact on human health such that their effective control is necessary in other to avoid catastrophic consequences on the consumers.

There is also an economic expertors this control, which is to ensure that an suspecting consumer does not spend his hard earned money in the purchase of fake and adulterated product.

1.4    SIGNIFICANCE OF THE STUDY

Employing the services of trained unbiased independent and experienced personnel form various field of study.

Using some sophisticated scientific equipment.

Dealing with similar regulatory body of foreign countries.

Informing the public (consumers of their findings).

Formulating laws to back up control on industries.

They will offer us who are normally bog barrows have money and influence and as usual employ any type of approaches on the affairs from procuring the agencies mandate and some times planned any type of malicious alleviation staff, if or to ensure that the product activities are sustained.

Public are not coming forth, they give us tips on where unwholesome regulated product have been produced.

Since no individual consumer or group of manufacturers can do this solely and without prejudice, it bellows the government (neither the manufacturers nor the consumers) to set up a factual body to exercise this duty or exercise this mandate on behalf of Nigerian Government NAFDAC is unique in that its multi disciplinary staff including scientist, pharmacists, lawyers and administrators work interactively to make decisions that effect Nigerians in particular and foreigner in general.

1.5    SCOPE OF THE STUDY

In Nigeria, this is the responsibility of the Federal Ministry of Health.  Within the ministry and until 31st December 1992, that responsibility devolved on the department of Food and Drugs Administration and Control (FDAC).  The birth of the National Agency for Food and Drugs Administration and Control (NAFDAC) as a parastatues of Ministry was necessitated by the need to overcome a number of difficulties which had militated against the attainment of the goals of the former FDAC department.  These difficulties arose from the encapsulation of the department within the ministry and were inevitably linked with the normal bureaucratic ministerial positions which are manifest in:

Slow mobilization of ideas, men and materials for productive work, inadequate resource acquisition utilization and management, slow disciplinary and poor reward system and poor funding of activities necessary for effective design and implementation of programmes.

They are traceable to a lack of awareness by the public in practical terms of the sensitivity and relevance of matters concerning control measures on food drugs cosmetics water and chemicals to both preventive and curative health care. Such control measures when executed successfully provide guaranteed saving of a high percentage of the expenditure by the government and individual to cure or relive illness.

Another very important reason for the establishment of NAFDAC was the need to separate the control functions of the former FDAC which relate to inspection, product registration and regulations, as well as evaluation and control of product quality from its functions relating to the production, procurement, supply and distribution of drugs.

NAFDAC was thus established by Decree No 15 of 1993 (commencement data 1st October, 1992) as a parastatals of the Federal Ministry of Health to carry out among other things, all the control functions of the former FDAC while the service functions remain within the ministry.

1.6    DEFINITION OF TERMS

The following terms used on this study should be taken to mean the following:

NAFDAC

National Agency for Food and Drug Administration and Control.  NAFDAC was established by decree 15 of 1993 as amended by decree No. 1999 to regulate and control importation, exportation, manufacturing, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, the target chemical bottled water, all non as regulated product.

PRODUCT

A product is something that is viewed as being capable of satisfying needs or wants.

CONSUMER

 Consumer are customer who buys and consume the product.

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