Nigeria

Spirit Drinks Regulations 2005

Commencement:

In exercise of the powers conferred on the Governing Council of the National Agency for Food and Drug Administration and Control (NAFDAC) by Sections 5 and 29 of the National Agency for Food and Drug Administration and Control Act 1993, as amended, and of all the powers enabling it in that behalf, THE GOVERNING COUNCIL OF THE NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL with the approval of the Honourable Minister of Health hereby makes the following Regulations:

Prohibition. 1. (1) No person shall manufacture, import, export, advertise, sell or distribute spirit drink specified in schedule I to these Regulations in Nigeria unless it has been registered in accordance with the provision of these regulations.

(2) No person shall sell any spirit drink unless the main panel of the label carries a declaration of the actual percentage by volume of absolute alcohol contained therein.

Use and limit. 2. The use and limits of food additives or food colours in the manufacture of spirit shall be as prescribed by the Agency.

Restrictions on sale 3. No alcoholic spirit with an alcoholic content below 

of alcoholic Spirit. 37.0 percent shall be sold except the label shall bears a declaration of the alcoholic content together with a statement that the product is “under strength”

Packaging/Labelling 4. In addition to compliance with the Prepackaged Food

S. I. No. …… of 2005. (Labelling) Regulations 2004, the following shall apply:—

Advertisement 5. In addition to compliance with the Food Products

of Spirit. (Advertisement) Regulations 2004, the following shall apply:

(a)

the content of advertisements of spirit drink shall not be misleading and shall be free of health claims;

(b)

radio, television or print media, advertisements of spirit drink shall not be permitted in children’s programmes nor shall children, sportsmen or expectant mothers be used as models; and

(c) gift items promoting spirit drinks shall not be directed at children and sportsmen.

Specifications for

Alcoholic spirit 6. Alcoholic spirit manufactured, distributed, imported, exported, sold, or advertised in Nigeria shall conform with the specifications provided in Schedule II – V of these Regulations.

“Agency” means the National Agency for Food and Drug Administration and Control; “Alcohol of agricultural origin” means alcohol obtained from fermentation of agricultural products;

“Blended spirit” shall be a spirit obtained from alcohol of agricultural origin and permitted additives with or without sugar(s); and

“Spirit drink” means an alcoholic beverage :

(a)

intended for human consumption;

(b)

having particular organoleptic properties peculiar to that class of drinks;

(c)

which contains a minimum alcoholic strength of 15% vol; and

(d)

shall be produced by one of the following methods

(i)

directly by distillation, with or without added flavouring from naturally fermented products, or

(ii)

by the maceration of vegetable substances, or

(iii) the addition of flavourings, sugars or other sweetening products or other agricultural products or a combination of two or more of the above to ethyl alcohol of agricultural origin, or

(iv)

by the mixture of a spirit drink with

(a)

one or more other spirit drinks ethyl alcohol of agricultural origin; or

(b)

one or more alcoholic drinks; or

(v)

by blending potable ethyl alcohol of agricultural origin with spirit concentrates, natural flavourings, permitted food colours, sugars or permitted sweetening agents.

SCHEDULE I

Vodka. 18. Vodka shall –

(a)

be the potable alcoholic beverage obtained by the treatment of grain, potato spirit, molasses spirit with activated charcoal,or the rectification of ethyl alcohol of agricultural origin, so as to render the product without distinctive characteristic aroma or taste; and

(b)

contain not less than 37.0 percent of absolute alcohol by volume.