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FOOD AND DRUGS LAW, 1992 (PNDCL
305B)
As amended
ARRANGEMENT OF SECTIONS
Section
PART I—FOODS
1. Prohibition against sale of
unwholesome, poisonous or
adulterated food.
2. Food offered as prizes, etc.
3. Deception of consumers
4. Standards of foods
5. Prohibition against sale of
food not of nature, substance or
quality demanded.
6. Manufacture of food under
supervision
6A. Mandatory Fortification of
Salt.
7. Sale, etc. of food under
insanitary conditions
8. Food unfit for human
consumption
9. Penalty and defence under this
Part
10. Closure of premises where
there is risk of contaminated food
PART II—DRUGS, COSMETICS, DEVICES
AND CHEMICAL SUBSTANCES
11. Prohibited sale of drugs,
cosmetics, devices and chemical
substances.
12. Standards for drugs, etc.
13. Disposal of chemical
substances in certain manner
prohibited.
14. Deception of consumers
15. Prohibited advertisement
16. Control of manufacture of
drugs
17. Restriction of importation,
manufacture of drugs, etc.
18. Registration of drugs, etc.
19. Quality certificate on
imported drugs
20. Licence for registering drugs
21. Renewal of registration and
licences
22. Drugs not to be distributed as
samples
23. Clinical trials and tests
24. Registration of herbal and
homeopathic drugs
25. Registers
26. Penalties
PART III—ADMINISTRATION
27. Establishment of Food and
Drugs Board
28. Functions of the Board
29. Composition of the Board
30. Meetings of the Board
31. Committees of the Board
32. Chief Executive of the Board
33. Divisions of the Board
34. Other staff of the Board
PART IV—GENERAL PROVISIONS
35. Inspection of animals by
authorised officers
36. Powers of authorised officers
37. Forfeiture and disposal of
seized articles
38. Public analysts
39. Quarterly reports of analysts
40. Power of Board to obtain
particulars of certain ingredients
41. Power of court to order
licence to be cancelled
42. Penalties
43. Offences by bodies of persons
44. Certificates of analysis and
presumptions
45. Presumption as to adulteration
46. Defence in proceedings for
sale of food, etc.
47. Regulations
48. Code of practice
49. Limitation of action
50. Effect of Law on Manufacturing
Industries Act
51. Interpretation
SCHEDULES
Schedule 1
Schedule 2
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made:
PART I—FOOD
Section 1—Prohibition against Sale
of Unwholesome, Poisonous or
Adulterated Food.
(1) Any person who sells or offers
for sale any food that—
(a) has in or upon it any
poisonous or harmful substance;
(b) is unwholesome or unfit for
human consumption;
(c) consists in whole or in part
of any filthy, putrid, rotten,
decomposed or diseased substance;
(d) is adulterated;
(e) is injurious to health; or
(f) is not of the nature,
substance or quality prescribed by
standards, commits an offence.
(2) In determining whether an
article of food is injurious to
health, regard shall be had not
only to the probable effect of
that article on the health of a
person consuming it, but also on
the probable cumulative effect of
articles of substantially similar
composition on the health of a
person consuming such article in
ordinary quantities.
Section 2—Food offered as Prizes,
Etc.
(1) Section 1 of this Law shall
apply to any food intended for
human consumption that is—
(a) offered as a prize or a reward
in connection with any
entertainment to which the public
is admitted whether on payment of
money or not; or
(b) offered as a prize or reward
or given away for the purpose of
advertisement or in furtherance of
any trade or business,
as if the food were exposed for
sale by the organisers of the
entertainment or the person
offering or giving away the food.
(2) In this section
"entertainment" includes any
public or social gathering,
amusement, exhibition,
performance, sport or game.
(3) Food shall be deemed to be
adulterated if—
(a) any constituent has in whole
or in part been omitted or
abstracted;
(b) damage or inferiority has been
concealed in any manner;
(c) any substance has been
substituted wholly or in part of
it;
(d) any substance has been added
to it or mixed or packed with it
so as to increase its bulk or
weight or reduce its quality or
strength or make it appear better
or of greater value than it is;
(e) it contains any additive not
expressly permitted by the
regulations for the food
concerned, or is in excess of the
quantity permitted;
(f) any constituent exceeds the
amount stated on the label or
permitted in the regulations; or
(g) its nature, substance and
quality has been injuriously
affected.
Section 3—Deception of Consumers.
A
person who manufactures, labels,
packages, sells or advertises any
food in a manner that is false,
misleading or deceptive as regards
its character, nature, value,
additives, substance, quality,
composition, merit or safety
commits an offence. [As
substituted by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 1]
Section 4—Standards of Foods.
Where a standard has been
prescribed under any enactment for
any food, any person who
manufactures labels, packages,
sells or advertises any food in
such a manner that it is likely to
be mistaken for food of the
prescribed standard commits an
offence. [As amended by the Food
and Drugs (Amendment) Act, 1996
(Act 523), s. 2]
Section 5—Prohibition against Sale
of Food not of Nature, Substance
or quality demanded.
(1) Any person who sells to the
prejudice of a purchaser any food
which is not of the nature,
substance or quality of the
article demanded by the purchaser
commits an offence.
(2) It is not a defence to an
offence under subsection (1) to
plead that the purchaser was not
prejudiced by reason that he
bought the food for analysis or
some purpose other than for
consumption.
Section 6—Manufacture of Food
under Supervision.
No person shall manufacture any
food for sale unless the food is
manufactured under the supervision
of a person with appropriate
knowledge and qualification who
can ensure the purity and
wholesomeness of the food. [As
amended by the Food and Drugs
(Amendment) Act, 1996 (Act 523) ,
s. 3]
Section 6A—Mandatory Fortification
of Salt.
(1) No person shall—
(a) mine salt for human or animal
consumption; or,
(b) import, manufacture, package,
label, advertise, store, deliver,
distribute, trade, sell or export
any salt;
that is not fortified with
potassium iodate in accordance
with this Act.
(2) Salt is fortified where it has
additives such as potassium iodate,
protein, essential amino acids,
vitamins, minerals, essential
fatty acids or other nutritional
substance added to it to enhance
its nutritional value.
(3) The Ghana Standards Boards
shall determine and publish in the
Gazette and newspapers nationwide
the standard for the fortification
of salt under this Act.
(4) No person shall label,
package, sell or advertise salt in
a manner that is likely to be
mistaken for salt of the
prescribed standard.
(5) This section shall not apply
to salt for industrial or iodation
purposes.
(6) Salt for industrial purposes
shall be labelled clearly to that
effect and stored and displayed
separately from salt intended for
human or animal consumption. [As
inserted by the Food and Drugs
(Amendment) Act, 1996 (Act 523) ,
s. 4]
Section 7—Sale, Etc. of Food under
Insanitary Conditions.
(1) Any person who sells,
prepares, packages, conveys,
stores or displays for sale any
food under insanitary conditions
commits an offence.
(2) Food shall be stored and
conveyed in such a manner as to
preserve its composition, quality
and purity and to minimise the
dissipation of its nutritive
properties from climatic and other
deteriorating conditions. [As
inserted by the Food and Drugs
(Amendment) Act, 1996 (Act 523) ,
s. 5]
Section 8—Food unfit for Human
Consumption.
(1) Any person who—
(a) sells, or offers or exposes
for sale, or has in his possession
for sale; or
(b) deposits with or consigns to
any person for the purpose of
sale,
any food intended for, but unfit
for human consumption commits an
offence.
(2) Where food in respect of which
an offence under paragraph (a) of
subsection (1) has been committed
was sold to the person charged by
some other person, that other
person shall also be guilty of the
offence.
(3) Where a person is charged with
an offence under paragraph (b) of
subsection (1) or under subsection
(2), it is a defence for him to
prove—
(a) that he gave notice to the
person to whom he sold, deposited
or consigned the food in question
that it was not intended for human
consumption; or
(b) that, at the time when he
delivered or despatched it to that
person, either it was fit for
human consumption or he did not
know, and could not with
reasonable diligence have
ascertained that the food was
unfit for human consumption.
Section 9—Penalty and defence
under this Part.
(1) Any person who is found guilty
of an offence under this Part is
liable on conviction to a fine not
exceeding ¢5million or to
imprisonment for a term not
exceeding two years or to both and
shall in the case of a continuing
offence be liable to a further
fine of not exceeding ¢500,000.00
for each day on which the offence
continues. [As amended by the Food
and Drugs (Amendment) Act, 1996
(Act 523), s. 6]
(2) In proceedings of an offence
under this Part in respect of any
food containing some extraneous
matter, unless the presence of the
extraneous matter has rendered the
food injurious to health, it is a
defence for the accused to prove
that the presence of that matter
was an unavoidable consequence and
forms part of the process of
preparation or collection of that
food.
(3) In any proceedings under this
Part consisting of the
advertisement for sale of any
food, it is a defence for the
accused to prove that the
publication was received and made
in the ordinary course of his
business as a publisher.
Section 10—Closure of Premises
where there is risk of
Contaminated Food.
The Secretary shall on the advice
of the Board order the closure of
any premises where food is
manufactured, prepared or sold if
the Board has reason to believe
that the food is exposed to the
risk of contamination and the
Secretary may make such further
order as he deems appropriate in
the circumstances.
PART II—DRUGS, COSMETICS, DEVICES
AND CHEMICAL SUBSTANCES
Section 11—Prohibited Sale of
Drugs, Cosmetics, Devices and
Chemical Substances.
Any person who sells any drug,
cosmetic, device or chemical
substance that—
(a) has in or on it any substance
that may cause injury to the
health of the user when the
article is used—
(i)
according to the directions on the
label accompanying such article;
or
(ii) for a purpose and by a method
of use that is customary or usual;
(b) consists in whole or in part
of any filthy, rotten, decomposed
or diseased substance or of any
injurious foreign matter;
(c) is adulterated; or
(d) is prepared, preserved, packed
or stored under insanitary
conditions, commits an offence.
Section 12—Standards for Drugs,
Etc.
(1) Where a standard has been
prescribed for any drug, cosmetic,
device or chemical substance, any
person who labels, packages, sells
or advertises any substance in
such a manner that it is likely to
be mistaken for that drug,
cosmetic, device or chemical
substance commits an offence
unless the substance is the drug,
cosmetic, device or chemical
substance in question and complies
with the prescribed standard.
(2) Where a standard has not been
prescribed for a drug or chemical
substance but a standard for the
drug or chemical substance is
contained in any of the
publications specified in Schedule
1 of this Law, any person who
labels, packages, sells or
advertises any other substance or
article in such a manner that it
is likely to be mistaken for such
drug or chemical substance commits
an offence.
(3) Any person who labels,
packages, sells or advertises any
drug or chemical substance for
which no standard has been
prescribed, or for which no
standard is contained in any of
the publications specified in
Schedule 1 commits an offence
unless the drug or chemical
substance—
(a) is in accordance with the
professed standard under which it
is labelled, sold or advertised;
and
(b) does not resemble, in a manner
likely to deceive, any drug or
chemical substance for which a
standard has been prescribed or
which is contained in any of the
publications specified in Schedule
1.
Section 13—Disposal of Chemical
Substances in certain manner
Prohibited.
Any person who uses or disposes of
any chemical substance in a manner
likely to cause contamination of
food or water for human
consumption or in a manner likely
to be injurious or dangerous to
the health of any person commits
an offence.
Section 14—Deception of Consumers.
Any person who labels, packages,
sells or advertises any drug,
cosmetic, device or chemical
substance in contravention of any
regulations made under this Law,
or in a manner that is false,
misleading or deceptive as regards
its character, constitution,
value, potency, quality,
composition, merits or safety,
commits an offence.
Section 15—Prohibited
Advertisement.
No person shall advertise any
drug, cosmetic, device or chemical
substance to the general public as
a treatment, preventive or cure
for any of the diseases, disorders
or abnormal physical states
specified in Schedule 2 to this
Law.
Section 16—Control of Manufacture
of Drugs.
(1) No person shall manufacture
for sale any drug or chemical
substance unless—
(a) the process of manufacture is
carried on under or is supervised
by a pharmacist or a person
approved by the Board as having
specialist knowledge in the
article to be manufactured; and
(b) the conditions under which the
manufacture is to be carried on
are in the opinion of the Board
suitable for ensuring that the
article will be safe for use.
(2) Applications for approval
under subsection (1) shall be made
to the Board and may be granted by
the Board subject to such
conditions as the Board may
determine.
(3) Approval under this section
shall be granted in consultation
with the Ministry for Industries.
Section 17—Restriction on
Importation, Manufacture of Drugs,
Etc.
The Secretary may by legislative
instrument prohibit the
importation, manufacture,
exportation, advertisement or sale
of any drug, cosmetic, device or
chemical substance that may be
specified in the instrument.
Section 18—Registration of Drugs,
Etc.
(1) No person shall manufacture,
prepare, sell, supply, export or
import into Ghana any drug,
cosmetic, device or chemical
substance unless the article has
been registered with the Food and
Drugs Board established under
section 27 (hereafter referred to
as "the Board").
(2) Nothing in subsection (1)
shall prevent the importation of
samples for purposes of
registration of the drug,
cosmetic, device or chemical
substance.
(3) Application for registration
of any drug, cosmetic, device or
chemical substance shall be made
to the Board in such form and
shall contain such particulars as
may be prescribed by regulations.
Section 19—Quality Certificate on
Imported Drugs.
(1) Where any drug, cosmetic,
device or chemical substance, is
imported into Ghana as finished
product, an application for the
registration of the drug shall be
accompanied by a quality assurance
certificate issued by the
competent drug control authority
of the exporting country.
(2) Where the application, is for
the registration of a drug,
cosmetic, device or chemical
substance manufactured in Ghana,
the application shall be
accompanied by a certificate of
quality issued in respect of it by
the Ghana Standards Board.
Section 20—Licence for Registering
Drugs.
(1) Where the Board is satisfied
with an application under section
19 it may register the drug,
cosmetic, device or chemical
substance and issue a licence and
number in respect of it for a
period of 5 years or for such
lesser period as the Board may
determine.
(2) The Board shall suspend or may
cancel any licence issued under
subsection (1) if any information
submitted in respect of the
registration changes or is found
to have been inaccurate.
(3) An applicant may at any time
after suspension or cancellation
of a registration re-submit new
information on the drug, cosmetic,
device or chemical substance.
(4) Any person responsible for the
registration of a drug, cosmetic,
device or chemical substance who
fails to inform the Board of any
change in the information
submitted for its registration
commits an offence.
Section 21—Renewal of Registration
and Licences.
(1) Every registration and licence
made or issued under this Part may
be renewed.
(2) Application for renewal under
subsection (1) shall be
accompanied with such particulars
as may be prescribed.
Section 22—Drugs not to be
Distributed as Samples.
(1) Any person who without
authority from the Board
distributes any drug as sample
commits an offence.
(2) Subsection (1) of this section
does not apply to the distribution
of samples of drugs to physicians,
dentists, veterinary surgeons,
pharmacists, midwives, nurses or
medical assistants.
Section 23—Clinical Trials and
Tests.
(1) No person shall in the course
of business carried on by him
manufacture, sell, supply or
distribute any drug or chemical
substance for the purpose of
clinical trial or drug test on
animals unless a Clinical Trial
Certificate or Animal Trial
Certificate has been issued for it
by the Board.
(2) Any person who carries out a
clinical Trial test of a new drug
on humans in the absence of
documentary evidence that human
pharmocodynamic and
pharmacokinetic studies on health
volunteers have been properly
carried out, commits an offence.
(3) Any application for a Clinical
Trial Certificate or Animal Trial
Certificate shall be made to the
Board in such form as may be
prescribed and may be granted
subject to such conditions as the
Board may determine.
Section 24—Registration of Herbal
and Homeopathic Drugs.
(1) No person shall manufacture,
prepare, supply, sell, distribute,
export or import any herbal
medicine or homeopathic drug,
unless the herbal medicine or
homeopathic drug has been
registered with the Board.
(2) Regulations may prescribe
particulars to be provided for the
registration of herbal medicines
and homeopathic drugs under
subsection (1).
Section 25—Registers.
The Board shall keep separate
registers for the registration of
foods, human and animal drugs,
herbal medicines, homeopathic
drugs, cosmetics, devices and
chemical substances.
Section 26—Penalties.
Any person who is found guilty of
an offence under this Part for
which no penalty has been
specified shall on conviction be
liable to a fine not exceeding
¢5million or imprisonment for a
term not exceeding two years or
both. [As amended by the Food and
Drugs (Amendment) Act, 1996 (Act
523) s. 7 ]
PART III—ADMINISTRATION
Section 27—Establishment of Food
and Drugs Board.
(1) There is hereby established a
Food and Drugs Board.
(2) The Board shall operate under
the control and supervision of the
Ministry responsible for Health.
Section 28—Functions of the Board.
(1) The Board shall advise the
Secretary on all matters relating
to the administration and
implementation of this Law.
(2) Without prejudice to
subsection (1) the Board shall
(a) advise the Secretary on
measures for the protection of the
health of consumers;
(b) in co-operation with the Ghana
Standards Board, ensure adequate
and effective standards for food
and drugs;
(c) monitor through the District
Assemblies and other agencies of
State compliance with this Law;
(d) advise the Secretary on the
preparation of effective
regulations for the full
implementation of the provisions
of this Law;
(e) perform the functions assigned
to it under this Law.
Section 29—Composition of the
Board.
(1) The Board shall consist of the
following persons—
(a) a Chairman; [As amended by the
Food and Drugs (Amendment) Act,
1996 (Act 523), s. 8(a)]
(b) a representative of the Ghana
Standards Board;
(c) a representative of the Food
Research Institute;
(d) Director of Fisheries,
Department of Fisheries, Ministry
of Agriculture;
(e) a representative of the Ghana
Medical Association;
(f) the Registrar of the Pharmacy
Board;
(g) the head of the Nutrition and
Food Science Department,
University of Ghana;
(h) a veterinary surgeon nominated
by the Secretary for Agriculture;
(i)
the Director, Crop Services
Department of the Ministry of
Agriculture;
(j) a representative of the
Environmental Protection Agency;
[As amended by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 8(b)]
(k) a practitioner of herbal
medicine to be appointed by the
Council;
(l) the chief executive of the
Board;
(m) a representative of the
Attorney-General or a lawyer of
not less than ten years' standing;
(n) two other persons including at
least one woman representing
consumer interest. [As amended by
the Food and Drugs (Amendment)
Act, 1996 (Act 523), s. 8(c)]
(1A) The members of the Board
shall be appointed by the
President in consultation with the
Council of State. [As inserted by
the Food and Drugs (Amendment)
Act, 1996 (Act 523), s. 8(d)]
(2) All professional specialists
on the Board shall be persons in
active practice in their
professions.
(3) The members of the Board other
than the ex officio members shall
hold office for a period of three
years but shall be eligible for
reappointment.
(4) The validity of any
proceedings of the Board shall not
be affected by any vacancy among
its members or by the absence of
any one of them.
Section 30—Meetings of the Board.
(1) The Board shall meet at least
once in every two months at such
places and times as the Chairman
shall determine.
(2) The Chairman shall preside at
all meetings of the Board and in
his absence a member of the Board
elected by the members present
shall preside.
(3) Decisions of the Board shall
be by majority of votes and in the
event of equality of votes, the
Chairman or the person presiding
at any meeting of the Board shall
have a casting vote.
(4) The quorum for any meeting of
the Board shall be seven.
(5) Subject to this section, the
Board shall regulate the procedure
for its meetings.
Section 31—Committees of the
Board.
(1) The Board may appoint such
committees as it may deem
necessary, consisting of members
of the Board and non-members or
other specialists to assist in the
performance of its functions.
(2) Members of any committee
appointed by the Board shall be
paid such remuneration or
allowances as the Secretary may in
consultation with the Minister for
Finance determine. [As amended by
the Food and Drugs (Amendment)
Act, 1996 (Act 523), s. 9]
(3) The Board may at any time
co-opt any person to act as an
adviser at any of its meetings;
except that a person so co-opted
shall not be entitled to vote at
the meeting on any matter for
decision by the Board.
Section 32—Chief Executive of the
Board.
(1) There shall be a Chief
Executive of the Board who shall
be appointed by the President in
accordance with article 195 (1) or
(2) of the Constitution. [As
amended by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 10]
(2) The Chief Executive shall be a
public officer and he shall be
responsible for the day to day
administration of the Board.
Section 33—Divisions of the Board.
(1) The Board shall have two
Divisions which are the Food
Division and the Drugs, Cosmetics,
Devices and Chemical Substances
Division.
(2) Each Division shall be headed
by a Deputy Chief Executive who
shall be appointed by the
President in accordance with
article 195 (1) or (2) of the
Constitution. [As amended by the
Food and Drugs (Amendment) Act,
1996 (Act 523), s. 11]
(3) The Deputy Chief Executives
shall be public officers and shall
be responsible to the Chief
Executive in the performance of
their functions.
Section 34—Other staff of the
Board.
(1) The Board shall have such
other officers and employees as
may be necessary for the proper
and effective performance of its
functions.
(2) The staff of the Board shall
perform such functions as the
Chief Executive may assign to
them.
(3) The President shall in
accordance with the advice of the
Board given in consultation with
the Public Services Commission and
on such terms and conditions as he
may determine appoint the staff
and employees of the Board.
(4) The President may in
accordance with article 195 (2) of
the Constitution delegate the
power of appointment of public
officers under this Act. [As
substituted by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 12]
PART IV—GENERAL PROVISIONS
Section 35—Inspection of Animals
by Authorised Officers.
An authorised officer shall, for
the purpose of this Law, inspect
any animal intended for slaughter
and shall seize and examine any
meat which he considers to be
unfit for human consumption.
Section 36—Powers of authorised
officers.
(1) An authorised officer may at
any hour reasonable for the proper
performance of his duty—
(a) enter any premises where he
believes any article to which this
Law applies is prepared,
preserved, packed, stored or
conveyed, examine the article and
take samples and examine anything
that he believes is used or is
capable of being used for the
preparation, preservation,
packaging, storing or conveying of
the article;
(b) open and examine any
receptacle or package which he
believes contains any article to
which this Law applies;
(c) examine any books, documents,
or other records found in any
place mentioned in paragraph (a)
of subsection (1) of this section
which he believes contains any
information relevant to the
enforcement of this Law and make
copies of them or take extracts
from them;
(d) seize and detain for such time
as may be necessary any article by
means of or in relation to which
he believes any provision of this
Law has been contravened.
(2) An authorised officer acting
under this section shall, if
required, produce his authority.
(3) An authorised officer may by a
warrant break open a container or
door of premises where food may be
kept for storage or sale; except
that this power shall be exercised
only after the owner or any
responsible person in occupation
of that premises present, refuses
to open the container or door on
being asked to do so.
(4) Any person who obstructs or
impedes any authorised officer in
the course of his duties or by any
gratuity, bribe, promise, or other
inducement prevents, or attempts
to prevent the due execution by
the authorised officer of his duty
under this Law or any regulations
made thereunder shall be guilty of
an offence.
(5) Where an authorised officer
has seized an article under this
Law the article may be destroyed
or otherwise disposed of as the
authorised officer may direct.
Section 37—Forfeiture and Disposal
of Seized Articles.
(1) Where a person has been
convicted of an offence under this
Law, the court or tribunal may
order that any article by means of
or in relation to which the
offence was committed or anything
of a similar nature belonging to
or in the possession of the
convicted person or found with
such article, be forfeited, and
upon the order being made the
articles and things may be
disposed of as the court or
tribunal may direct.
(2) Any person who removes, alters
or interferes in any way with
articles seized under this Law
without the authority of an
authorised officer commits an
offence.
Section 38—Public Analysts.
(1) The Secretary may, on the
advice of the Board appoint on
such terms as he may determine, a
public analyst for every district,
qualified to undertake such
analysis as may be required under
this Law.
(2) An authorised officer may
submit any article seized by him
or any sample of it to a public
analyst for analysis or
examination.
(3) A public analyst shall as soon
as practicable analyse or examine
any sample sent to him in
pursuance of this Law and shall
give the authorised officer a
certificate specifying the result
of the analysis or examination,
and the certificate shall be in
such form as may be prescribed by
the Secretary after consultation
with the Board.
(4) No person shall be appointed a
public analyst for the area where
he is engaged directly or
indirectly in any trade or
business connected with the sale
of drugs, cosmetics, devices or
chemical substances.
Section 39—Quarterly Reports of
Analysts.
Every public analyst shall submit
a quarterly report through the
District Administrative Officer or
the Regional Co-ordinating Council
to the Board on the number of
articles which have been analysed
by him under this Law, and the
finding of such analysis.
Section 40—Power of Board to
obtain particulars of certain
Ingredients.
(1) The Board may direct any
person who at the date of the
directives or at any subsequent
time carries on a business which
includes the production,
importation or use of articles to
which this Law applies to furnish
it, within a period specified in
the directive, such particulars as
may be specified of the
composition and use of the
substances sold or for sale in the
course of that business or used in
the preparation of drugs.
(2) Without prejudice to
subsection (1) of this section,
directives made under subsection
(1) may require the following
particulars to be furnished in
respect of any substance—
(a) particulars of the composition
and chemical formula of the
substance;
(b) particulars of any
investigations carried out by or
to the knowledge of the persons
carrying on the business in
question, for the purpose of
determining whether and to what
extent the substance used, is
injurious to, or in any other way
affects health;
(c) particulars of any
investigations or inquiries
carried out by or to the knowledge
of the person carrying on the
business in question for the
purpose of determining the
cumulative effect on the health of
a person consuming the substance
in ordinary quantities.
(3) No particulars furnished in
accordance with directives under
this section, and no information
on such particulars shall without
the previous consent in writing of
the persons carrying on the
business in question, be disclosed
except for the purposes of any
proceedings for an offence under
this Law.
(4) Any person who discloses any
particulars or information in
contravention of subsection (3)
commits an offence.
Section 41—Power of Court to Order
Licence to be cancelled.
On conviction of any person for an
offence under this Law or any
regulations made under it, the
court or tribunal may, in addition
to or in lieu of any other penalty
which it may impose, suspend or
cancel any licence issued to the
person under this Law or any
regulations made thereunder.
Section 42—Penalties.
(1) A person who commits an
offence under this Law for which
no special penalty is provided
shall be liable on conviction—[As
amended by the Food and Drugs
(Amendment) Act, 1996(Act 523),
s.13(a)]
(a) in the case of a first
offence, to a fine not exceeding
¢1million or to imprisonment for a
term not exceeding 6 months, or to
both; or[As amended by the Food
and Drugs (Amendment) Act, 1996
(Act 523), s.13 (b)]
(b) in the case of a subsequent
offence to a fine not exceeding
¢5million or to imprisonment for a
term not exceeding two years or to
both. [As amended by the Food and
Drugs (Amendment) Act, 1996 (Act
523), s. 13(c)].
(2) A person holding a mining
lease for salt shall have the
mining lease suspended if he is
convicted twice under this Act.
[As inserted by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 13(d)]
Section 43—Offences by Bodies of
Persons.
(1) Where an offence is committed
under this Law or under
regulations made under this Law by
a body of persons—
(a) in the case of a body
corporate, other than a
partnership, every director or
officer of the body shall also be
guilty of the offence; and
(b) in the case of partnership
every partner or officer of that
body shall also be guilty of the
offence.
(2) No person shall be guilty of
an offence by virtue of subsection
(1) if he proves that the offence
was committed without his
knowledge or connivance and that
he exercised all due care and
diligence to prevent the
commission of the offence having
regard to all the circumstances.
Section 44—Certificate of Analysis
and Presumptions.
In any proceedings under this Law—
(a) a certificate of analysis
signed by a public analyst shall
be accepted as prima facie
evidence of the facts stated in
it;
(b) evidence that a package
containing any article to which
this Law or any regulations made
under it apply, bore a name,
address or registered mark of the
person by whom it was manufactured
or packed shall be prima facie
evidence that such article was
manufactured or packed, by that
person;
(c) any substance commonly used
for human or animal consumption
shall, if sold, offered or exposed
for sale, be presumed, until the
contrary is proved, to have been
sold or to be intended for sale
for human or animal
consumption;[As amended by the
Food and Drugs (Amendment) Act,
1996 (Act 523) s.14]
(d) any substance commonly used
for human or animal consumption
which is found on premises used
for the preparation, or sale of
that substance and any substance
commonly used in the manufacture
of products for human or animal
consumption which is found on
premises used for the preparation
or sale of those products, shall
be presumed, until the contrary is
proved, to be intended for sale,
or for manufacturing the products
for sale for human or animal
consumption. [As amended by the
Food and Drugs (Amendment) Act,
1996 (Act 523), s. 14]
Section 45—Presumption as to
Adulteration.
Where a person is prosecuted under
this Law and it is established
that—
(a) the article has by regulation
been declared to be adulterated if
any prescribed substance has been
added to it; and
(b) the person has in his
possession or on his premises the
specified substance;
the burden of proving that the
article was not adulterated by the
addition of the substance lies on
the accused.
Section 46—Defence in Proceedings
for Sale of Food, Etc.
(1) Subject to subsection (2) of
this section it shall be a defence
in any proceedings for an offence
relating to sale of any article in
breach of a provision of this Law
or regulations made under it to
prove—
(a) that the accused sold the
article in the same package and in
the same condition as it was when
he bought it; and
(b) that the accused could not
with reasonable diligence have
ascertained that the sale of the
article would be in breach of this
Law.
(2) Any accused person who desires
to avail himself of this defence
shall give notice of his intention
to do so at least ten days before
the date of the trial and shall
disclose to the prosecution the
name of the person from whom he
bought the article and the date of
such purchase.
Section 47—Regulations.
The Secretary may, after
consultation with the Board, by
legislative instrument make
regulations for the following
purposes—
(a) specifying what constitutes
adulteration of any food or drug;
(b) governing—
(i)
the treatment, processing and
manufacture of food;
(ii) the packaging, labelling,
advertising and selling of food;
(iii) the size, dimensions, fill
and specifications of packages of
food;
(iv) the use of any substances as
an ingredient in any food; and
(v) the protection of the consumer
or purchase of food from being
deceived or misled as to its
quality, character, composition,
merit or safety or to prevent
injury to the health of consumer
or purchaser;
(c) for the regulation of
importation of food, drugs,
cosmetics, devices or chemical
substances in order to ensure
compliance with this Law;
(d) prescribing the type and level
of food additives;
(e) requiring persons who sell
drugs to maintain and keep such
books of records as may be
prescribed;
(f) prescribe methods of
manufacture, processing, sale,
storage and transportation of
food, drugs, cosmetics, devices or
chemical substances;
(g) the method of clearance of
drugs or chemical substances from
the ports;
(h) prohibiting the manufacture,
importation, exportation or sale
of specified drugs, devices,
cosmetics or chemical substances;
(i)
prescribing forms and particulars
to be provided in forms;
(j) amending the Schedules to this
Law; and
(k) generally for giving full
effect to the provisions of this
Law.
Section 48—Code of Practice.
Notwithstanding section 47 the
Board may from time to time
publish codes of practice in
connection with matters provided
for under this Law for the purpose
of giving guidance.
Section 49—Limitation of Action.
Prosecution for an offence under
this Law or regulation made under
it shall be commenced not later
than six months after the
detection of the offence.
Section 50—Effect of Law on
Manufacturing Industries Act
[Repealed by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s.15].
Section 51—Interpretation.
In this Law unless the context
otherwise requires—
"article" means—
(i)
any food, drug, cosmetic, device
or chemical substance;
(ii) anything used for the
manufacture, preparation,
packaging or storage of food,
drug, cosmetic, device or chemical
substance;
(iii) any labelling or advertising
material on food, drug, cosmetic,
device or chemical substance;
"authorised officer" means a
medical officer of health, a
health inspector or any person
authorised in writing by the
Board, the Secretary or a District
Assembly;
"chemical substance" means any
substance or mixture of substances
prepared, sold or represented for
use as—
(a) a germicide;
(b) an antiseptic;
(c) a disinfectant;
(d) a pesticide;
(e) an insecticide;
(f) a rodenticide;
(g) a vermicide; or
(h) a detergent;
or any other substance or mixture
of substances which the Secretary
may, after consultation with the
Board, declare to be a chemical
substance;
"cosmetic" includes any substance
or mixture of substances
manufactured, sold or represented
for use in cleansing, improving or
altering the complexion, skin,
hair, eyes or teeth, and includes
deodorants and perfumes;
"Council" means the Provisional
National Defence Council;
"device" means any instrument or
apparatus including, components,
parts and accessories of it,
manufactured, sold or represented
for use in the diagnosis,
treatment, mitigation or
prevention of a disease, disorder
or abnormal physical state, or the
symptom of it in man or animal;
"drug" includes—
(a) any substance included in any
publication mentioned in Schedule
1 to this Law; and
(b) any substance or mixture of
substances prepared, sold or
represented for use in—
(i)
the diagnosis, treatment,
mitigation or prevention of
disease, disorder or abnormal
physical state, or the symptoms of
it, in man or animal; or
(ii) restoring, correcting or
modifying organic functions in man
or animal;
"food" includes salt and any
article manufactured, sold or
represented for use as food or
drink for human or animal
consumption, chewing gum, water
and any ingredient of the food,
drink chewing gum or water. [As
substituted by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 16(a)].
"health inspector" means any
person for the time being lawfully
appointed to be a health inspector
or a sanitary inspector;
“industrial purposes" means use
otherwise than for human or animal
consumption; [As inserted by the
Food and Drugs (Amendment) Act,
1996 (Act 523), s. 16(b).]
"insanitary
conditions" means such conditions
or circumstances as might
contaminate food, drugs or
cosmetics with dirt or filth or
might render such article
injurious or dangerous to health;
"label" includes any legend, work
or mark attached to, included in,
belonging to or accompanying any
food, drug, cosmetic, device or
chemical substance;
“manufacture” with respect to food
means the making or composition of
a product, including its
production, preparation,
processing or preservation in
combination with other components,
substance, ingredients or
products; [As inserted by the Food
and Drugs (Amendment) Act, 1996
(Act 523), s. 16(c).]
"package" includes anything in
which any food, drug, cosmetic,
device or chemical substance is
wholly or partly placed or packed;
"premises" includes any building,
hut, shed, kiosk or tent together
with the land on which it is
situated and any adjoining land
used in connection with it, and
includes any vehicle, conveyance
or vessel;
"public analyst" means a person
appointed by the Secretary to act
as an analyst for the purposes of
this Law;
"Secretary" means Minister
responsible for Health; [As
amended by the Food and Drugs
(Amendment) Act, 1996 (Act 523),
s. 16(d).]
"selling" includes offering for
sale, exposing for sale and having
in possession for sale or
distribution.
SCHEDULES
SCHEDULE I
(Section 12)
List of publications:
(i)
the British Pharmacopoeia;
(ii) the Extra Pharmacopoeia;
(iii) the United States
Pharmacopoeia;
(iv) the International
Pharmacopoeia.
SCHEDULE II
(Section 15)
Diseases for which advertisement
for treatment, prevention or cure
are prohibited—
(i)
Sexually transmitted diseases,
other forms of genito-urinary
diseases. Acquired Immune
Deficiency Syndrome (AIDS) or
diseases connected with the human
reproductive functions.
(ii) Any of the following—
Amenorrhoea
Arterio-Sclerosis
Bladder Stones
Blindness
Cancer
Deafness
Diabetes
Diphtheria
Dropsy
Epilepsy or fits
Erysipelas
Gallstones
Goitre
Heart disease
Hernia or rupture
Kidney stones
Leprosy
Locomotortazy
Lupus
Nephritis or Bright's disease
Paralysis
Pleurisy
Pneumonia
Poliomyelitis
Scarlet fever
Septicaemia
Smallpox
Tetanus or lock-jaw
Trachoma
Tuberculosis or consumption.
Made this 30th day of December,
1992.
FLT-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 16th
July, 1993.
amended by
FOOD
AND DRUGS (AMENDMENT) ACT, 1996
(ACT 523).1
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