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Regulation and Enforcement of Food Safety in Nigeria

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Regulation and Enforcement of Food safety in Nigeria

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Regulation and Enforcement of Food Safety in Nigeria

  1. 1. REGULATION AND ENFORCEMENT OF FOOD SAFETY IN NIGERIA
  2. 2. INTRODUCTION: AN OVERVIEW OF NIGERIA SITUATED IN WEST AFRICA  AREA: 923,768 KM² STRUCTURE: 36 STATES CAPITAL: ABUJA POPULATION: 167 MILLION ADULT LITERACY RATE : 68%
  3. 3. FOOD PRODUCTION PATTERN Some Major Food products Cultivated in Nigeria Includes; Cassav a Maize Yam Millet Sorghu m Cowpea s Cocoyam Onion s Carrots Coco Potatoe Rice
  4. 4. Foods Total production (tons) % Cereals 21.4 Million 90 Fats and Oil 1, 375 million 100 Meat, poultry, eggs 356, 000 98% (excluding eggs) Fish 1, 025 million 100 Pulses and Legumes 2, 579 million 92 Sugar 12, 283 85 Fruits and Vegetables 5, 914 million 80 Estimated Total Production of Foods and Percentage Processed or Semi-Processed. Source: FAOSTAT, FAO of the UN. Nigeria Top Ten commodities Production quantity 2012 Commodity Quantity [t] 1Cassava 54000000 2Yams 38000000 3Maize 9410000 4Sorghum 6900000 5Vegetables 6200000 6Millet 5000000 7Rice, paddy 4833000 8Fruits 3900000 9Taro (cocoyam) 3450000 1 0 Sweet potatoes 3400000 Source: FAOSTAT, FAO of the
  5. 5. Nigeria Top Ten commodities Import quantity 2011 Commodity Quantity [t] 1 Wheat 4039669 2 Sugar Raw 1089371 3 Palm oil 845000 4 Sugar Refined 357336 5 Paste of Tomatoes 122292 6 Malt 114681 7 Flour, Malt Extract 83271 8 Glucose and Dextrose 70391 1 0 Milk Whole Dried 69550 Nigeria Top Ten commodities Export quantity 2011 Commodity Quantity [t] 1Cocoa beans 262295 3Sesame seed 124700 4Cake of Palm Kernel 70500 5Rubber 58088 6Cocoa Butter 14864 7Cashew nuts, with shell 14077 8Cotton lint 13580 9Palm oil 12000 1 0 Cocoa powder & Cake 11770 Source: FAOSTAT, FAO of the
  6. 6. THE CONCEPT OF FOOD SAFETY  Food Safety is defined as the assurance that the food will not cause harm to the consumer when it is prepared and/or eaten according to its intended use (FAO/WHO, 1997). Food safety issues arise from factors such as ;  Improper Agricultural Practices  Poor Hygiene at all stages of the food chain  Lack of preventive controls in food processing operations  Misuse of Chemicals and Additives; additives used above permitted levels  Inappropriate storage and handling.  Microbiological Contaminants  Biological toxins  Pesticide and Vertinary Residues e.t.c  Counterfeiting, adulteration, mis-brandment e.t.c
  7. 7. FOOD SAFETY ISSUES; THE NIGERIAN SCENARIO  In Nigeria, Bacterial food-borne diseases caused by species of salmonella, clostridium, campylobacter and escherichia are of major health concerns contributing to the morbidity and mortality rates. The lack of or inadequate application of Good Agricultural Practices (GAP) and the abuse or misuse of agrochemicals by farmers during storage in developing countries have had serious health effects on its population.  Inappropriate application of pesticides to stored products such as beans and grains to prevent insect infestation, leading to mycotoxins production such as aflatoxin, ochratoxins and fumonosins which are the major mycotoxins issues in Nigeria.  Poor Food Hygiene practices in small-scale Food enterprises and lack of through monitoring.  The recent lead poisoning in Zamfara state of Nigeria which caused the death of dozens of infants and children shows the poor attention given to toxic metals in food and water consumed in Northern Nigeria.  Similarly, improper use of food additives result in various ailments ranging from gastrointestinal disorders to carcinogenesis and death.
  8. 8. FACTORS RESPONSIBLE FOR FOOD SAFETY ISSUES IN NIGERIA CRITICAL FACTORS RESPONSIBLE FOR FOOD SAFETY ISSUES IN NIGERIA ARE  Poverty  Street foods  Mycotoxins  Food Safety Emergencies Food safety issues in Nigeria, are further exacerbated by the following factors; • Public ignorance on the subject- 'GERM NO DEY KILL AFRICAN MAN' • Uncoordinated approach to food control • Lack of technical expertise and adequately equipped laboratories in some cases. • Poor enforcement of legislations and regulatory limits at grass roots. • Recruitment of less skilled workers by the Food industries. • Small and medium scale companies are not thoroughly monitored by regulatory bodies to ensure strict adherence to safety guidelines while others are ghost companies. • Public food providers do not understand HACCP and safety guidelines/requirements.
  9. 9. THE PROBLEM: FACTS AND FIGURES  The Center for Disease Control and Prevention (CDC) estimates, show an annual occurrence of 47.8 million, 2 million and 750,000 food- borne illnesses in the United States, United Kingdom and France respectively.  More than 100 million cases of diarrhea in children aged under five years in 2008 and the resulting 5 million deaths estimated to have occurred worldwide.  In 2008, Nigeria recorded annual nationwide estimates held steady at 87 million cases of food-related illnesses, with 371,000 hospitalizations and 5,700 deaths, according to the centre for disease control and prevention (CDC).  In 2010, many people in bekwarra local government of cross river state, suffered from food poisoning due to consumption of moi-moi and beans, as a result about 122 people were hospitalized, while deaths of two children was recorded. The moi-moi and beans were said to have contained a large dose of highly toxic pesticides.  It was also reported that over 120 students of government secondary school, doma, gombe state, were rushed to after consuming a meal of beans suspected to have been preserved with poisonous chemicals  In Nigeria, the food and drug administration destroyed Aflatoxin-contaminated food worth more than US$200,000.
  10. 10. Lead Poisoning of water due to mining activites in Zamfara Food Emergencies caused by Boko Haram Insurgencies Sealed Counterfeit Food products from unregisterd and illegal
  11. 11. REGULATORY AND LEGISLATIVE FRAMEWORK
  12. 12. OUR FOOD LAWS  Public health laws (1917) now known as Public Health Ordinance cap 165 of 1958.  The Standards Organization of Nigeria decree no. 56 of 1971.  The Food and Drug Act no 35 of 1974 (now Food and Drug Act Cap F32 Laws of the Federal Republic of Nigeria, 2004)  The Animal Disease Control Decree No. 10 of 1988.  The Marketing of Breast Milk Substitute Decree No. 41 of 1990 ( now Marketing ( Breast Milk) Act Cap M5 LFN 2004. The National Agency for Food and Drugs Administration and Control Decree No. 15 of 1993 (now NAFDAC Act Cap N1 Laws of the Federal Republic of Nigeria, 2004).
  13. 13. • The Food, Drug and Related Products (Registration etc.) Decree No 19 of 1993 [now Food, Drugs & Related Product (Registration etc.) Act Cap F33 Laws of the Federal Republic of Nigeria (LFN), 2004]. • The Counterfeit and Fake Drugs and Unwholesome Processed Food Act No 25 of 1999 (now Counterfeit & Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C34 LFN 2004. • Bye-laws enacted by various L.G.As in the Country. • Consumer Protection Council Decree 66 of 1992 • Inland Fisheries Decree 108 of 1992
  14. 14. ORGANIZATIONS WITH ROLES TO PLAY
  15. 15. NAFDAC • NAFDAC defines food as any "article manufactured, processed, packaged, sold or advertised for use as food or drink for human consumption, chewing gum and any other ingredient which may be mixed with food for any purpose whatsoever.
  16. 16. NATIONAL AGENCY FOR FOOD ADMINISTRATION AND CONTROL (NAFDAC)  NAFDAC was established by decree 15 of 1993 as amended by decree 19 of 1999 and now The National Agency for Food and Drug Administration and Control Act Cap N1 Laws of The Federation of Nigeria, 2004. NAFDAC MANDATE  To regulate and control the manufacture, importation, exportation, distribution, advertisement, sale and use of food, drugs, cosmetics, chemicals, detergents, medical devices and packaged water (known as ‘regulated products’). Under the provisions of The Government of Nigeria Act No 19 of 1993 (as amended) and the Food and Related products (registration) Act No. 20 of 1999 and the accompanying guidelines, no food item may be Imported, Manufactured, Advertised, Sold or Distributed in Nigeria unless it has been registered by NAFDAC.
  17. 17. FOOD REGULATORY ACTIVITIES OF NAFDAC Licensing & Registration of Food Premises and Products. Importation & Exportation of Food Labeling of Food Advertisement of Food Sampling Procedures Closure of Unhygienic Food Premises Health Control of Food Handlers Irradiation of Food Marketing of Breast Milk Substitutes Ante-mortem and/or Post-mortem Examination of Food Animals. Quarantine Measures
  18. 18. NAFDAC also plays other Important Roles in Food Safety Including: • WTO (SPS) Enquiry Point (E.P) in Nigeria • INFOSAN Focal Point/INFOSAN Emergency Contact Point in Nigeria. • Member of the Nigerian Delegation to Codex Meetings. • Chair of The General Purposes Technical Committee of the National Codex Committee (NCC).
  19. 19. STRUCTURE OF NAFDAC DEPARTMENTS • DRUG EVALUATION & RESEARCH • CHEMICAL EVALUATION & RESEARCH • FOOD SAFETY & APPLIED NUTRITION • PHARMACOVIGILANCE AND POST MARKETING SURVEILLANCE • VETERINARY MEDICINE & ALLIED PRODUCTS • ADMINISTRATION AND HUMAN RESOURCE MANAGEMENT • FINANCE & ACCOUNTS • PLANNING, RESEARCH & STATISTICS • REGISTRATION & REGULATORY AFFAIRS • PORTS INSPECTION • LABORATORY SERVICES • INVESTIGATION & ENFORCEMENT. • NARCOTICS & CONTROLLED SUBSTANCES Nafdac is chaired by the director general who is appointed by the president after recommendations and approval from the senate. The various departments are chaired by directors.
  20. 20. NAFDAC STRATEGIES  The Main Strategy Employed by the agency For The Enforcement of Nigeria’s Food Laws Is the process of product registration.  In theory, any food item not registered with NAFDAC is not legally importable. In practice, many processed foods are routinely illegally smuggled into Nigeria through the land boarders, by sea and by air without having gone through the registration process.  Cutting Edge Technologies e.g Truscan, Mini Labs e.t.c  In recent years, NAFDAC appears to have become more active and stringent in enforcing existing food laws, which has increased the level of awareness of consumers to make informed choices and has also encouraged local producers. As the saying goes in the Food Industry, The Fear of NAFDAC was THE BEGINNING OF WISDOM
  21. 21. CURRENT REGULATIONS AND REQUIREMENTS  Name of Product  Registration Number  Contact of Manufacturer  Batch No  Net Content  List of Ingredients  Additives  Direction for use  Storage Conditions  Language NAFDAC regulation stipulates that all food products should carry best-before dates and/or shelf life on their packaging thus; (JULY 1, 2005 OR INDICATE MM/DD/YR) LABELLING REQUIREMENTS NAFDAC regulations require food labeling to be informative, accurate and not fraudulent or misleading. The following is the outline of NAFDAC’s minimum labeling requirements:
  22. 22. NUTRITIONAL LABELING  A nutrient labelling is mandatory for any pre-packaged food item for which a nutritional claim is made by the manufacturer.  Where nutrient declaration is applied, the declaration of the following is mandatory a) Energy value b) The amounts of protein c) Carbohydrate (excluding dietary fibre) and d) fat (e) the amount of any other nutrient for which a nutrient claim is made.  When nutrient labelling is applied, the amount of vitamins and minerals considered to be of negligible importance and may not be listed. Foods for special dietary uses with claims of disease prevention, treatment, mitigation, cure or diagnosis must comply with NAFDAC's guidelines for registration of drugs and be registered as medicinal
  23. 23. Packaging and Container Regulations At present, NAFDAC regulations are not specific on packaging, but the agency is in the process of developing regulations on packaging. • NAFDAC does not impose any specific restrictions on packaging materials. however, plastics must be of food grade and should not leach into the product. • Nigerian importers, however, often express a marked packaging preference for certain food products, namely: o Relatively small sized products prepared and packaged for one-time use. o Products that can be shipped in bulk and re-packaged locally. o Perishable food products that undergo processing/packaging
  24. 24. Food Additives Regulations NAFDAC has a specific food additive regulation on non-nutritive sweeteners and on fortification. NAFDAC requires that wheat and maize flour, vegetable oil and sugar be fortified with Vitamin A, while salt must be iodized. NAFDAC applies the food additive standards of the Codex Alimentarius Commission, E.U and FDA in its assessment of food safety.  No person may manufacture, import, advertise, sell or present any food item or beverage containing a non- nutritive sweetener for human consumption unless the product is "specified for special dietary usage." Non-nutritive sweeteners, including saccharin and cyclamates, may be used in low calorie, dietary foods/beverages but are not permitted in any food or beverage to be consumed by infants or children. Potassium bromate as a bread improver is not permitted. other bread
  25. 25. Food Irradiation Regulations ; General Requirements  Treatment of foods with ionizing radiation for human and animal consumption are prohibited except special authorization is given by the agency. The irradiation of food is justified only when it fulfills a technological need or where it serves food hygiene purposes and is not used as a substitute for good manufacturing practices (GMP). Any person or facility that treats food with ionizing radiation shall comply with the Codes of good irradiation practices (GIP), Good Manufacturing Practices (GMP) and the application of Hazard Analysis Critical Control Points (HACCP) principles applicable to the particular food product treated.
  26. 26. Pesticides and Other contaminants Regulation  The pesticide residue limits and mycotoxin standards of the Codex Alimentarius Commission, E.U and USFDA are applied by NAFDAC in its assessment of food safety.  All food products must have a certificate of analysis, which demonstrates to NAFDAC's satisfaction that the item is free of radioactive contents in addition to other quality parameters.  There is a maximum residue limit for approval of pesticides.  Contaminated products are subject to seizure and destruction by NAFDAC and possible prosecution.
  27. 27. Other Regulations and Requirements IMPORTS The following are documentation for registration and renewal of permit for imported food products. A NAFDAC application form duly completed by the local agent (importer) for the registration of each regulated product. Foreign manufacturers must be represented in Nigeria by a duly registered company or individual with the capacity to implement a product recall when necessary. NAFDAC considers the local representative to be fully responsible for all matters on the product, such as registration, distribution re-calls, legal actions etc. The Nigerian importer/distributor must file evidence of a power of attorney from the manufacturer, which authorizes him to be the representative in Nigeria. A certificate of manufacture and free sale issued by a competent health authority, authenticated by the Nigerian embassy in the country of origin. Product license or evidence of product registration in the country of origin is an added advantage.
  28. 28. Advertisement Requirements  NAFDAC must approve all advertisement/promotional materials prior to utilization.  Advertised food products must demonstrate to the government of Nigeria that the products are legally registered with NAFDAC.  An application for advertisement must be submitted to NAFDAC for its approval  This approval process is in addition to the certificate of registration issued by NAFDAC which authorizes importation and sale in Nigeria.
  29. 29. COPYRIGHT AND/OR TRADEMARK LAWS  Nigeria is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Universal Copyright Convention (UCC) and other major international agreements on Intellectual Property Rights (IPR).  Despite active participation in international conventions and an apparent interest in IPR issues, the government efforts are largely ineffectual in curtailing widespread copyright violations.  The trade marks registry of the Federal Ministry of Commerce is responsible for issuing patents, trademarks, and copyrights.  The copyright decree of 1988, which is based on WIPO standards and U.S copyright law, makes counterfeiting, exporting, importing, reproducing, exhibiting, performing, or selling any work without the permission of the owner a criminal offense.  The expense and time required to pursue a infringement case through the Nigerian judicial system often deters prosecution of such cases.
  30. 30. Product Registration Procedures  A. DOCUMENTATION Certificate of Manufacture and free sale Certificate of Analysis, trademark ownership, etc.  B. INSPECTIONS  GMP inspection  Routine inspection  Investigative inspection  Compliance inspection  C. LABORATORY INVESTIGATIONS  Physical examination  Chemical assays  Microbiological exam.  Mycotoxin detection  Pesticide residues  Radionuclides tests D. PHYSICAL & ORGANOLEPTICS TEST Weights and Volume  Colour & Texture  Flavour & Taste  VETTING – Labelling  Advert Materials E. SURVEILLANCE  Routine Market Surveillance  Consumer Complaints investigations  Compliance Surveillance  Adverts Surveillance F. SANCTIONS  On Hold  Rejects  Recall  Seal Up  Prosecution
  31. 31. Inspection of Facility Aspects ascertained under GMP include:  Location of outfit  Equipment and Personnel  Master and Batch formulae SOPs  Production Flow  Documentation  Handling of Complaints and Rejected/Returned goods  Internal Audit
  32. 32. GIANT STRIDES BY NAFDAC 1. Cutting Edge Technologies  NAFDAC is spearheading global efforts in the use of cutting-edge technologies to fight counterfeiting such as Truscan (Raman spectroscopy), Mobile Authentication Service ( SMS text messaging) and Mini Lab Kits. These technologies are currently being experimented on food products to determine efficiency. 2. NAFDAC Laboratories gets International Accreditation  NAFDAC’s Mycotoxin and Pesticides residues Laboratories is ISO 17025 certified. The accreditation was conducted by the American Association of Laboratory Accreditation. This has launched the two laboratories into the league of internationally recognized and respected laboratories. 3. NAFDAC, in collaboration with the Global Alliance for Improved Nutrition (GAIN) and the National Fortification Alliance (NFA) had reportedly established food fortification plants. 4. Increased Sensitization
  33. 33. TRUSCA N SMS Mini Lab Sensitization of Farmers
  34. 34. OTHER ORGANIZATIONS WITH A ROLE TO PLAY PUBLIC SECTOR INCLUDES:  FEDERAL MINISTRY OF HEALTH  STANDARDS ORGANIZATION OF NIGERIA (SON)  NATIONAL CODEX COMMITTEE  FEDERAL MINISTRY OF AGRICULTURE  STATES AND LOCAL GOVERNMENTS. THE PRIVATE SECTOR INCLUDES;  INDUSTRY  NON-GOVERNMENTAL ORGANIZATIONS (NGOS)  INTERNATIONAL DEVELOPMENT PARTNERS  UNIVERSITIES AND RESEARCH INSTITUTES  PROFESSIONAL BODIES/ASSOCIATIONS  CONSUMER ASSOCIATIONS.
  35. 35. THE FEDERAL MINISTRY OF HEALTH  Federal Ministry of Health has the responsibility for formulating National Policies, Guidelines And Regulations on Food Hygiene and Safety as well as the monitoring their Implementation.  It is also responsible for establishing guidelines/requirements for the Nutritive value of Food, And Monitoring of Food Environments and Handlers, Control of Food Borne Diseases, the quality of public water supply as well as national and international matters relating to Food.
  36. 36. STANDARDS ORGANIZATION OF NIGERIA (SON) The Standards Organization of Nigeria is responsible for the formulation of Standards on the Composition of Imported and locally manufactured foods. Over 100 Standards on food And food products as well as a good number of code of Hygienic Practices for Food And Food Products have been established. These standards and codes are reviewed periodically to reflect current trends In technological and industrial development. Improving lives through standards
  37. 37. FEDERAL MINISTRY OF AGRICULTURE • The Federal Ministry of Agriculture is responsible for promoting Good Agricultural Practices and new Agricultural Technologies.
  38. 38. NIGERIA PLANT QUARANTINE SERVICE (NPQS) The objective of NPQS is to prevent the introduction of dangerous and destructive foreign plant pests (insects, fungi, bacteria, virus, nematodes and weeds) of plants and plant products into the country and prevent the establishment and spread where introduction occurs despite all preventive measures.
  39. 39. CONSUMER PROTECTION COUNCIL  Consumer Protection Council is the government agency responsible for protecting consumers from unwholesome practices and assisting them seek redress for unscrupulous practices and exploitation. The agency encourages trade, industry and professional associations to develop and enforce quality standards designed to safeguard the interest of the consumer.
  40. 40. UNIVERSITIES AND RESEARCH INSTITUTES  Tertiary and research institutes are responsible for research and will provide scientific basis for policy development and programme design in addition to relevant training programmes for capacity building and manpower development.
  41. 41. PRIVATE SECTOR • The food processing/service industry applies the various standards, regulations and guidelines to ensure that food manufactured, imported, exported, distributed and sold for human consumption comply with the relevant food safety laws/regulations. • They should maintain appropriate internal quality assurance based on the Hazard Analysis Critical Control Point (HACCP) principles to ensure product safety and consumer protection. • The private sector is also expected to collaborate and complement government efforts in specific areas of education and awareness creation on the need to adopt and cultivate safe food handling habits by all categories of employees.
  42. 42. THE CHALLENGES FACED BY NATIONAL FOOD SAFETY SYSTEMS  Uncoordinated response to food-borne epidemics and threats to food poisoning.  Overlapping functions of regulatory agencies.  Inadequate funding for the agricultural and research sectors of the economy  Poor collaboration among the government, regulatory agencies, academia, research institutes and the farmers, manufacturers and the consumers  Poor gathering, verification and dissemination of research data and information for its application at relevant points of the food safety system.  Communication to consumers on the quality and safety features
  43. 43. National legislations and standards to enhance regulatory enforcements.  Overlapping of functions and lack of coordination between the relevant bodies and stakeholders leading to duplication of efforts and avoidable friction.  Threat to life and willful damages are some of the problems face occasionally particularly during enforcement of the enabling laws.  There is also financial constraints for Regulatory Agencies
  44. 44. RECOMMENDATIONS  The Nigerian government should establish a unified policy and legislation on food safety and provide an adequate framework for the monitoring and enforcement of food safety laws (issues, systems and regulations).  The relevant government agencies should be supported financially and otherwise to promote the production of food products that meet the required quality standards for international trade.  The employment of verifiable scientific and technical information and data as it concerns diseases, cure, new techniques, method and analytical procedures must be made available through information gathering and dissemination to farmers, food industries, processor and consumer in order to prevent and control food-borne diseases.
  45. 45. CONCLUSION  Promoting safety of food is a global issue and all regulatory bodies must ensure that established standards are maintained and safety of foods guaranteed.  National and International standards must be implemented to give consumers the best food without the hazards of contamination.  Towards the achievement of the objectives of the policy, the collective activities of the responsible agencies are performed through regulations, regular inspection and surveillance activities, registration of premises and products, laboratory certification and enforcement activities.  The national food safety system should be strengthened, updated and effectively managed to impact more positively on the standard of living of consumers and the economies.  National standards bodies which serve as the catalyst in the prevention, control of food-borne diseases should be further equipped and encouraged for the articulation and realization of industrial and economic development.
  46. 46. REFERENCES • Codex Alimentarius Commission (2003). “Capacity Building for Food Quality and Food Safety Activities of The Food and Agriculture Organization and the World Health Organization” • FAO/WHO. 1997. Codex Alimentarius Food Hygiene Basic Texts. Joint FAO/Who Food Standards Programme, Codex Alimentarius Commission. Pub. # M-83. • Fao/WHO (2004) “International Cooperation on Food Contamination And Foodborne Disease Surveillance,” Second FAO/WHO Global Forum Of Food Safety Regulators, Bangkok, Thailand, October 12-14. • Nigeria Food Poisoning: A Silent Killer http://allafrica.com/stories/201204180281.htmlr Retrieved on 16/04/14 • Omotayo, R.K. And Denloye, S.A. (2002) The Nigerian Experience on Food Safety Regulations. FAO/WHO Global Forum on Food Safety Regulators, Marakesh, Morroco. • Total Facts About Nigeria. Http://Www.Total-facts-about-nigeria.Com/Agriculture-in- nigeria.Html#sthash.Q8ygzbcv.Dpuf • Nigeria http://www.fao.org/countryprofiles/en/ Retrieved 16/04/14 • Wagacha, J.M., Muthomi, J.W., (2008). Mycotoxin Problem in Africa: Current Status, Implications to Food Safety and Health And Possible Management Strategies. International Journal of Food

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