The National Food Safety and Quality Bill (2022): Assessing the implications for product liability and trade in Nigeria's FMCG industry - Businessday NG

1.0 Introduction

The National Food Safety and Quality Bill (the Bill), sponsored by Senator Abubakar Shaib Kyari on 3 December 2020 and passed by the Senate on 20 December 2022, may prove to be one of the most consequential regulatory reforms for Nigeria’s Fast-Moving Consumer Goods (FMCG) industry in recent years. As food safety regulation remains dispersed across multiple agencies with overlapping mandates, the Bill seeks to establish a unified governance framework to drive regulatory coordination, improve enforcement efficiency, and strengthen consumer protection across the food value chain.

Although the Bill does not establish an entirely new regulatory regime, its significance lies in its attempt to harmonise existing institutional responsibilities within a single risk-based food safety system. The proposed framework brings together the functions of key regulators, including the National Agency for Food and Drug Administration and Control (NAFDAC), the Standards Organisation of Nigeria (SON), the Federal Competition and Consumer Protection Commission (FCCPC), and other sector-specific agencies under a coordinated structure for food safety management.

The Bill goes beyond improving regulatory coordination by introducing requirements for product traceability, mandatory recalls, and greater accountability across the food supply chain, with significant implications for product liability, consumer protection, and trade. It reflects a shift toward a modern food safety regime centred on prevention, traceability, and shared responsibility among all participants in the food value chain.