Economic Community of West African States
Regulation C/REG.13/12/12 Relating to Fertilizer Quality Control in the ECOWAS Region
- Published in official journal 62 on 1 February 2013
- Commenced
- [This is the version of this document as it was at 2 December 2012 to 31 January 2013.]
Chapter I
General provisions
Article 1 – Definitions
For the purpose of the present Regulation:Analysis means the percentage composition of a fertilizer product expressed in terms required and permitted in the ECOWAS region.Analysis Manual or Fertilizer Analysis Manual means the compendium of provisions describing the modalities and procedures for carrying out the analysis of fertilizers under the present Regulation.Appellate Authority means the highest administrative enforcement authority in the fertilizer regulatory system in each of the Member States.Brand means any term, design, or trademark used in connection with one or several grades of fertilizer.Bulk refers to any fertilizer delivered to the purchaser either in solid or liquid state in a non-package form to which a label cannot be pasted.Commission means the ECOWAS Commission.Competent Authority means an authority identified and appointed under the present Regulation to exercise powers delegated by some of its provisions.Dealer or Agro-dealer or Distributor means any person who is authorized to carry on the business of selling fertilizers to the farmers in wholesale or retail, including a manufacturer and an importer.ECOWAS means the Economic Community of West African States.Fertilizer means any substance which is intended to be used as a nutrient(s) source to the crops for increasing agricultural production.Fertilizer Inspector or "Inspector" means any person appointed or designated and notified under the present Regulation to draw official samples of fertilizers, to get their quality tested in a laboratory identified for this purpose, to inspect the fertilizer records being maintained by manufacturers, importers and distributors, and to launch prosecution against the violators of any of the provisions of the present Regulation.Grade of Fertilizers means any combination of nutrients specified in a fertilizer in whole numbers and in the same terms, order, and percentages as in the guaranteed analysis such as NPK 15-15-15 or NP 20-20-0.Guaranteed Analysis means the minimum percentage of all plant nutrients claimed on the label.Importer means any person or a body who is duly authorized to import fertilizers into a Member State in accordance with the legal provisions which are in force in that State.Inspection Manual or Fertilizer Inspection Manual means the compendium of provisions describing the modalities and procedures for carrying out the inspection and quality control of fertilizers under the present Regulation.Label means (1) any legend, word, mark, symbol, or design applied or attached to, included in, belonging to, or accompanying any fertilizer, supplement, or container; or (2) any advertisements, brochures, posters; or (3) any television, radio, internet announcements used in promoting the sale of fertilizer.Laboratory means any fertilizer analysis facility identified or established in a Member State and notified under the present Regulation for carrying out fertilizer analysis as per the methods specified in the ECOWAS Fertilizer Analysis Manual.License means the official document authorizing a person to sell fertilizer.Licensee means any person who has obtained a license authorizing him to sell fertilizers, as prescribed in the present Regulation.Licensing Authority means the appropriate authority in a Member State designated for granting a license for selling fertilizer.Liquid Fertilizer means any fluid in which the plant nutrients are in true solution.Manufacturer means any person or a body who is duly authorized in a Member State to produce fertilizers in accordance with the legal provisions which are in force in that State.Member State means any of the countries in West Africa which are members of ECOWAS.Micronutrient means any of the following nutrients that is essential for the normal growth of plants and that may need to be added to the growth medium: boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium and zinc.Natural Organic Fertilizer means a fertilizer derived from non-synthetic organic material including sewage sludge, animal manures, plant residues, household refuse, and agro-industrial waste which is produced through the process of drying, cooking, composting, chopping, grinding, fermenting, or other methods and makes a declaration of nutrient value on the label. Such fertilizer shall not be mixed for sale with synthetic material or changed in any physical or chemical manner.Official sample means any sample of fertilizer taken by an authorized fertilizer Inspector.Person means any individual, partnership, association, firm, or corporation.Primary Nutrient means any plant foods such as Nitrogen (N); available phosphoric acid (P2O5) or phosphorus (P); and soluble potash (K2O) or potassium (K).Secondary Nutrient means any of the following nutrients that is essential for the normal growth of plants and that may need to be added to the growth medium: calcium, magnesium, and sulfur.Tolerance means the permitted deviation of the measured values of a nutrient content or the bag weight below the values claimed on the label, or the maximum allowable heavy metal limits in a fertilizer.UEMOA (WAEMU) means Union Economique et Monetaire des Etats de I’Afrique de I’Ouest (West African Economic and Monetary Union).WACoFeC means the West African Committee for Fertilizer Control.Article 2 – Purpose
Article 3 – Scope
The present Regulation shall apply to all fertilizer-related activities, especially those pertaining to the licensing of agro-dealers, as well as the storage and sale of fertilizers locally manufactured and imported in the Member States.Chapter II
Guiding principles
Article 4 – Principle of harmonization
In pursuance of the objective of ensuring effective fertilizer quality control as intended by Article 2 of the present Regulation, ECOWAS shall help bridge the gap between Member States' legislations in the field of fertilizers.Article 5 – Principle of truth-in-labeling
The principle of truth-in-labeling holds that whatever a manufacturer, an importer or an agro-dealer claims he/she is selling, he/she must guarantee it; it is therefore essential that label claims on fertilizer packaging be truthful. Consequently, some specific requirements shall define what one can claim so that it is not necessary to register fertilizer products.Article 6 – Principle of free movement of fertilizers
In view of contributing to the organization of a regional market as described in the common agricultural policy, there shall be free movement of fertilizers on the ECOWAS Member States territory so far as the fertilizers comply with the quality standards prescribed in the present Regulation.Article 7 – Principle of international standards recognition
To ensure the supply of quality fertilizer in the markets, the ECOWAS Commission and Member States shall anchor their fertilizer legal frameworks on international standards.Article 8 – Principle of participation and information
Chapter III
Organ and tools for fertilizer quality control
Article 9 – West African Committee for Fertilizer Control
Article 10 – Fertilizer quality control manuals
Chapter IV
Manufacturing, importing and sale of fertilizers
Article 11 – Licensing for agro-dealers
Article 12 – Display of license
Every agro-dealer shall display his/her license at a conspicuous place in the business premises.Article 13 – Operating as a manufacturer or an importer
The conditions and modalities for operating as a manufacturer or an importer of fertilizer in each Member State shall be governed by the regulations in force in the Member State concerned.Article 14 – Setting-up of plants
The setting-up of fertilizer manufacturing and/or packing facilities in each of the Member States shall be governed by the regulations in force in the States.Article 15 – Import and export regimes
Article 16 – Warehouse storage conditions
Any warehouse used to store fertilizers intended for sale shall have adequate temperature and moisture levels as well as be tidy and well ventilated, in order to ensure their effective conservation.Article 17 – Packaging size
Fertilizer shall be generally marketed in sealed and labeled bags of 50 kg weight. However, smaller or larger sealed and labeled bags shall also be permitted.Article 18 – Labeling
Article 19 – Submission of bi-annual report
Chapter V
Quality control of fertilizers
Article 20 – Purpose of control
The quality control of fertilizer shall enable the official authority to ascertain that the fertilizers submitted to it:Article 21 – General responsibility for fertilizer quality control
Article 22 – Area of control
Fertilizer quality control shall apply to all stages and venues of manufacturing, unloading, storage, sale or use.Article 23 – Inspection and analysis
Article 24 – Sample collection
A Fertilizer Inspector shall collect official samples of fertilizer and submit them for analysis to designated laboratories in accordance with the procedures described in the fertilizer manuals referred to in Article 10 of the present Regulation.Chapter VI
Fees
Article 25 – Type of fees
Chapter VII
Violations and penalties
Article 26 – Violations
Any act of a fertilizer manufacturer, importer or distributor, or their representative that contributes to infringing any provision of the present Regulation shall constitute a violation. This includes among others:Article 27 – Adulteration
A fertilizer shall be deemed to be adulterated:Article 28 – Misbranding
A fertilizer shall be deemed to be misbranded:Article 29 – Penalties for violation
Member States shall take all appropriate measures to levy penalties for any violation of the provisions of the present Regulation.Article 30 – Appeal
In each Member State, the manufacturers, importers and distributors shall have a right to appeal before the Appellate Authority against any decision taken by licensing authority regarding issue of license, renewal of the same, issue of duplicate license and against analysis report of a laboratory or any other grievances, under provisions of the present Regulation.Chapter VIII
Miscellaneous provisions
Article 31 – Confidentiality
Article 32 – Cooperation
In furtherance of its activities, the WACoFeC shall cooperate with other sub-regional institutions operating in the fertilizer sector. Specific Conventions shall define the modalities of such cooperation.Article 33 – Relation with other community Acts
Fertilizer quality control activities in the Member States shall be exercised in accordance with the applicable ECOWAS legal Acts.Chapter IX
Final provisions
Article 34 – Entry into force
The present Regulation shall come into force upon signature and shall be published in the Official Journal of the Community within thirty (30) days following signature. It shall also be published in Member States' Official Gazette within the same time frame.Article 35 – Interim provision
The competent authority in each Member State shall give the manufacturers, importers and distributors up to six (6) months from the entry into force of the present Regulation to adjust to its requirements.History of this document
01 February 2013
02 December 2012 this version
Consolidation