ARTICLE
13 August 2020

Requirements For Importing Food And Drinks Into Nigeria

PL
Pavestones Legal

Contributor

Pavestones is a modern, full service, female led law practice with a particular focus on technology and innovation. The practice was borne out of a desire to meet the legal requirements of businesses by adopting a modern, cost effective and less archaic approach. Our key practice areas are Corporate and Commercial, Technology and Innovation, Data Protection and Compliance Services, Energy and Natural Resources and Banking and Finance.
Incorporate a Company in Nigeria at the CAC or partner with an existing Nigerian entity.
Nigeria Intellectual Property
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WHAT NEEDS TO BE IN PLACE BEFORE YOU CAN INITIATE THE IMPORTATION PROCESS?

  • Incorporate a Company in Nigeria at the CAC or partner with an existing Nigerian entity: This is a prerequisite to obtaining the 'Form M' (an application to import visible goods) from Banks.
  • Apply for your Trademark Registration: An acceptance from the Trademark Registry is sufficient to commence registration with the National Agency for Food and Drug Administration and Control (NAFDAC).
  • Register with NAFDAC: The Law is that no food product including drinks is to be imported into Nigeria until it has been duly registered with NAFDAC.

WHAT DOCUMENTS ARE NEEDED FOR THE IMPORTATION OF FOOD/DRINKS?

  • Form 'M'
  • NAFDAC Certificate
  • Insurance Certificate
  • Proforma Invoice
  • Certificate of Origin: Containing the Form 'M' Number, adequate description of goods to be imported, port of destination, date of shipment, etc.
  • Shipping Documents: Bill of Lading or Airway bill whichever is applicable
  • Packing List
  • Manufacturer's Certificate of Production
  • Laboratory Test Certificate from country of origin of food items and beverages

N.B: All food/drinks to be imported are to be labelled in English, carry expiry dates or the shelf life and are to specify the active ingredients where applicable.

ARE FOOD/DRINKS VALID TO ACCESS FOREIGN EXCHANGE FROM THE NIGERIAN FOREIGN EXCHANGE MARKET?

Foreign Exchange (Forex) can be obtained for the importation of food/drinks except those that are on the list of items not valid for forex as categorised by the Central Bank of Nigeria (CBN). The food/drinks that are not valid for forex are listed below:

  • Rice
  • Margarine
  • Palm Kernel/ Palm oil products/ Vegetables
  • Meat and Processed Meat Products
  • Vegetables and processes vegetable products
  • Poultry- Chicken, Eggs, Turkey
  • Tinned Fish in Sauce (Geisha)/Sardines.

Please note that these items are not banned from being imported but the restriction is in relation to accessing Forex from the Nigerian Foreign Exchange Market. In such instances, Forex will have to be sourced from the parallel market.

Footnotes

You can access our articles on the requirements to set up a restaurant in Nigeria by clicking on this link https://pavestoneslegal.com/tag/restaurants/

2 Basic food items have recently been exempted from VAT. Access our article in the link below https://pavestoneslegal.com/tag/food-and-drinks/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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