|
In exercise of the powers
conferred on the Ghana Board by
subsection (1) of section 9 of the
Standard Decree, 1973
(N.R.C.D.173) these Rules are made
this 29th day of April, 1992.
PART I—FOOD AND DRUGS
Rule 1—
(1) No person shall offer for
sale, distribute, import or
otherwise dispose of prepackaged
food or drug, unless the food or
drug is marked or labelled with—
(a) the name if the food or drug;
(b) a list of ingredients in the
food or in respect of drugs,
active ingredients, showing the
amount of each present in the
drug;
(c) an indication of the minimum
durability in the form of —
(i)
date of manufacture and ‘expiry
date’ or ‘best before date’ or
‘use-by-date’ in respect of food;
or
(ii) date of manufacture and
expiry date in respect of drugs,
(d) any special storage conditions
and handling precaution that be
necessary;
(e) instruction or directions for
use or warnings and precaution
that may be necessary of a drug;
(f) instruction for use in respect
of food, if it would be difficult
to make appropriate use of the
food in the absence of such
instructions;
(g) an indication of the net
contents in the form of net mass
or volume or number of doses in
respect of drugs;
(h) code marks or numbers
indicating the batches of
production or packaging to which
the food or drug belongs;
(i)
country or origin of the food or
drug; and
(j) the name and address of the
producer, manufacturer, importer,
packer, distributor or of the
seller of the food or drug.
Rule 2—
(1) A name that is required to be
used for food under Rule 1 shall
be the name prescribed by law for
the food, if so prescribed.
(2) Where no name is prescribed by
law for a food, a customary name,
that is to say a name which is
customary for that food in the
area where the food is sold, may
be used for the food.
(3) Where there is no name
prescribed by law for a food and
there is no customary name or the
customary name is not used, the
name used for the food shall be
sufficiently precise to inform a
purchaser of the nature and
substance of the food and to
enable the food to be
distinguished from products with
which it could be confused.
(4) The name of a food may consist
of a name or description or of a
name and description.
(5) A trade mark, brand name or
fancy name shall not be
substituted for the name of a
food.
(6) The name of a drug as required
by Rule 1 (a) should wherever
possible include the international
or national non-proprietary name
of the drug it is available.
PART II—GOODS OTHER THAN FOOD AND
DRUGS
Rule 3—
No person shall offer for sale,
sell, distribute, import or
otherwise dispose of the goods
specified in the First Schedule to
these rules unless the goods are
marked or labelled with:
(a) a name which indicates or
describes the nature or kind of
goods;
(b) code marks or numbers
indicating the batches of
production to which the goods
belong;
(c) a date of manufacture and
expiry or ‘best before date’,
where applicable;
(d) an indication of the net
content in the form of net mass or
volume, where applicable;
(e) dimensional, mass and volume
characteristics where applicable;
(f) electrotechnical or chemical
characteristics where applicable;
(g) any special storage conditions
or handling precautions that may
be necessary or conditions of use;
(h) instructions or directions for
use warnings and precautions that
may be necessary, if it would be
difficult to make appropriate use
of the goods in the absence of
such instructions or direction;
(i)
country of origin of the goods;
and
(j) the name and address of the
producer, manufacturer, importer,
distributor or seller of the
goods.
PART III—GENRAL
Rule 4—
(1) Marks of labels for food,
drugs and the goods specified in
the First Schedule shall have the
requirements specified in Rules 1
and 3, printed, impressed,
embossed, or stamped.
(2) Where marks and labels are
stamped, they shall be in
indelible ink and be legible.
(3) Marks of labels for food,
drugs and goods meant for sale or
distribution in Ghana shall have
the requirements specified in
Rules 1 and 3 in the English
language.
Rule 5—
Where food, drug or the good
specified in the First Schedule
consist of small package which
cannot be conveniently marked or
labelled, the outer package
enclosing the small package shall
be labelled in accordance with the
Rules.
Rule 6—
(1) Without prejudice to the
generality of the foregoing, the
Ghana Standards Board may
prescribe additional or specific
labeling requirements for certain
specified goods where it deems
necessary.
(2) Whenever the Board prescribes
additional or specified labelling
requirements for any goods,
notification thereof shall be
published in the Gazette.
Rule 7—
(1) The Ghana Standards Board
shall in consultation with the
Secretary, appoint inspectors for
purposes of enforcing the
provisions of these Rules.
(2) Any person appointed as an
Inspector shall be issued with a
certificate in the form specified
in the Second Schedule to these
Rules.
Rule 8—
An Inspector may at all reasonable
times—
(a) enter any premises or places
where he has cause to believe that
food, drugs or the goods specified
in the First Schedule are being
offered for sale, distributed or
otherwise disposed of;
(b) examine the food, drugs or
goods to ascertain whether they
conform to the provisions of these
Rules;
(c) seize the food, drugs or goods
which contravene any provision of
these rules or which have been
labelled in such a way as to be
deceptive, misleading or false.
Rule 9—
(1) Any food, drugs, or goods
specified in the First Schedule
imported into Ghana which are not
labelled in the manner provided
for under these Rules shall be
detained.
(2) The importer of any goods
detained under sub-rule (1) of
this Rule shall within
twenty-eight days of detention of
such goods label the goods in the
required manner or re-export the
goods.
(3) The re-labelling of imports
shall be done under the
supervision of an officer
authorised for the purpose by the
Ghana Standards Board.
(4) An Inspector shall, after the
expiration of the period specified
in sub-rule (2) of this Rule seize
any goods which have not been
labelled as required under these
Rules or re-exported.
Rule 10—
(1) Any person whose goods have
been seized or detained may within
seven days after the seizure or
detention petition to the
Secretary for the release of the
goods.
(2) The Secretary shall within
seven days of receiving the
petition either confirm the
seizure by stating reasons for it
or order the goods to be released
to the petitioner.
Rule 11—
(1) Subject to rule 10, any goods
seized shall be liable to
forfeiture.
(2) The Ghana Standards Board
shall in consultation with the
Secretary dispose of any forfeited
goods in such manner as it may
determine.
Rule 12—
(1) The Secretary may in
consultation with the Ghana
Standards Boar exempt any food,
drugs or goods from the provisions
of these Rules.
(2) Without prejudice to sub-rule
(1) of this Rule, the following
are exempted from the provisions
of these Rules:
(a) personal effects;
(b) samples of food, drugs or
other goods which are not in
commercial quantities;
(c) used articles.
Rule 13—
(1) Any person who obstructs an
Inspector in the performance of
his functions commits an offence
and is liable on conviction to a
fine not exceeding ¢200,000.00 or
to imprisonment for a term not
exceeding twelve month or both.
(2) An Inspector who assists any
person to contravene any of these
Rules commits an offence and shall
be liable on conviction to a fine
not exceeding ¢200,000.00 or to
imprisonment for a term not
exceeding twelve month or both.
Rule 14—
In these Rules unless the context
otherwise requires
"drugs" means any substance or
mixture of substances prepared,
sold' or presented for use in—
(i)
the diagnosis, treatment,
mitigation or prevention of a
disease, disorder or abnormal
physical state or the symptoms
thereof in man or animal; or
(ii) restoring, correcting or
modifying organic functions in man
or animal;
"food" means any article
manufactured, sold or presented
for use as food or drink for human
consumption, chewing gum and
water.
"label" includes any tag, brand,
mark, pictorial or other
descriptive matter ' written,
printed, embossed or impressed on
or attached to the item or
inserted in its container.
"pre-packaged" means packaged or
made up in advance, ready for
retail in a container.
"Secretary" means the PNDC
Secretary responsible for Trade
and Tourism.
Rule 15—
The Ghana Standards Board (Food,
Drugs and Other Goods) General
Labelling Rules, 1991 (L.I. 1512)
are hereby revoked.
Rule 16—
These Rules shall be deemed to
have come into force on 4th day of
May, 1992.
SCHEDULES
FIRST SCHEDULE
(RULE 3)
1. Gas Cookers and Appliances
2. Refrigerators and Food
Freezers
3. Electric Fans and Regulators
4. Radio Receivers/Cassette
Players
5. Television Sets
6. Room Air-Conditioners
7. Electric Lamps
8. Electrical Fittings and
Accessories
9. Office Equipment (electrical
only; ie. computers, fax machines,
typewriters, etc).
10. Electric Motors
11. General Household Electrical
Appliances and Accessories-
(i)
Immersion electrical heaters
(ii) Electric Pressing Irons
(iii) Water Heaters/Electric
Kettles, etc.
12. Cement for the Building
Industry
13. Electric Cables
14. Dry Cell Batteries
15. Lead-acid Starter Batteries
16. Paints
17. Pesticides
18. Body Creams
19. Soap
20. Hair Products
21. Detergents
22. Body Powders
23. Toothpastes
24. Poultry feed, including
pre-mixes.
SECOND SCHEDULE
INSPECTOR'S CERTIFICATE OF
APPOINTMENT
THIS IS to certify that
.............................. has
been appointed an inspector for
the purposes of enforcing the
provisions of the Ghana Standards
Board (Food, Drug, and other
Goods) General Labelling Rules,
1992, (L.I. 1541) and is
authorised to enter any premises
or place to inspect and examine
any food, drug or goods under Rule
8 and to exercise all the powers
conferred on inspectors by these
Rules.
.......................................................................
Photograph and Signature of
Inspector
COL. MICHAEL AKOWUAH
CHAIRMAN, BOARD OF DIRECTORS,
GHANA STANDARDS BOARD
Date of Gazette Notification: 11th
September, 1992. |
