Product Compliance
in Nigeria

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PRODUCT COMPLIANCE IN NIGERIAIntro

The Standards Organisation of Nigeria (SON) plays a central role in enforcing product compliance across various sectors. It sets standards for products and ensures that manufacturers, importers, and distributors adhere to these standards through rigorous inspection and certification processes. These standards cover a wide array of products including electrical appliances, building materials, food and beverages, and pharmaceuticals.

Compliance with SON standards involves rigorous testing of products to ensure they meet safety, quality, and performance requirements. Products that fail to meet these standards are either rejected from entering the market or recalled if already in circulation. This proactive approach helps safeguard consumers from substandard and potentially harmful products.

Moreover, compliance with regulatory requirements extends beyond SON standards. Importers and manufacturers must also adhere to regulations set by other relevant agencies such as the National Agency for Food and Drug Administration and Control (NAFDAC) for food, drugs, and medical devices, as well as the Nigerian Communications Commission (NCC) for telecommunications equipment.

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Standardization in Nigeria

There are two key governmental bodies responsible for overseeing product standards in Nigeria. The first is the Standards Organization of Nigeria (SON), serving as the foremost standardization authority in the country. The second is the National Agency for Food and Drug Administration and Control (NAFDAC), tasked with regulating the manufacturing, commerce, and distribution of various products, including food, drugs, cosmetics, chemicals, detergents, medical devices, and packaged water.

Adherence to the standards established by SON and NAFDAC is obligatory, and any product seeking registration or certification must meet these standards. The criteria set forth by these organizations serve as essential benchmarks to ensure the quality, safety, and efficacy of products in the Nigerian market.

It is noteworthy that a significant portion of Nigerian standards is derived from international standards, emphasizing a harmonized approach to global best practices. As a result, manufacturers and businesses operating in Nigeria must align their products with these standards, demonstrating conformity to both local and international quality requirements. This alignment not only facilitates market access but also underscores the commitment to delivering products that meet recognized and accepted benchmarks.

Conformity assessment schemes

SON’s major schemes for determining conformity to standards are:

  1. Mandatory Conformity Assessment Programme (MANCAP).
  2. Voluntary Product Certification Scheme (NIS Mark of Quality).
  3. Product-Type Certification for Exports – SON Conformity Assessment Program (SONCAP): SONCAP checks goods pre-shipment to ensure that imports into Nigeria are in conformity with the applicable NIS or approved equivalents

1) Mandatory Conformity Assessment Programme (MANCAP).

The Mandatory Conformity Assessment Programme (MANCAP) is a mandatory product certification scheme put in place by SON to ensure that all locally manufactured products in the country conform to the relevant Nigerian Industrial Standards (NIS) before such products are presented for sale in the market or exported.

2) Voluntary Product Certification Scheme (NIS Mark of Quality).

This is a voluntary product certification scheme to reward excellent product performance through consistent compliance to the requirements of the relevant Nigerian Industrial Standards at the point of production and on the market.

3) Product-Type Certification for Exports – SON Conformity Assessment Program (SONCAP).

SON’s conformity assessment focuses on third party assessments of products and processes.

SONCAP Conformity Assessment Program

The SONCAP program operates within the legal framework of the SON Act 2015, granting the Standards Organization of Nigeria (SON) the authority to institute a conformity assessment for imported goods. All manufacturers and exporters are required to submit regulated goods to a thorough evaluation, ensuring compliance with the standards and technical specifications set by the Standards Organization of Nigeria.

For goods intended for import that fall under the category of regulated products listed by SON, adherence to the SONCAP program is mandatory. These products must undergo a comprehensive product conformity assessment in their country of origin. This assessment serves as a critical step in ensuring that the imported goods meet the established standards and requirements, as outlined by the SON, before being introduced into the Nigerian market.

The requirements for SONCAP include:

  • Every consignment of imported goods which contains regulated products must be accompanied by a Certificate of Conformity / SONCAP Certificate issued by an Independant Accredited Firm, such as Intertek. This CoC / SC is electronically transmitted to SON’s portal.
  • The Certificate of Conformity (CoC) / SONCAP Certificate (SC) confirms that the products comply with the relevant Nigerian technical regulations and approved international/regional/national standards.
  • SONCAP Certificate (SC) is a mandatory document used by the Nigerian Customs Services for clearance of goods going to Nigeria.
  • SON’s e-certificate is now integrated into the NICIS (Nigeria Integrated Customs Information System) and CBN Information System using the SINGLE-WINDOW. The integration of SON’s e-Product Certificate and SONCAP Certificate will enhance the approval of Form M (for general merchandise) and PAAR (Pre-Arrival Assessment Report) which are mandatory documents for Customs clearance of the goods at the port of entry.

Basically, all products are regulated under the new SONCAP Structure with several exceptions only.

To obtain SONCAP certificate, there are 2 main steps:

  1. First Step: Obtaining of the Product Certificate (3 possible routes)

Route A: For unregistered/Unlicensed products (Conformity Verification): Each shipment to be imported requires inspection, sampling, testing to applicable standards & FCL “Full container load” stuffing’ supervision and sealing, based on risk assessment

Route B: For Registered Products (Registration and Conformity Inspection): Registration of products is done following verification of supplier/manufacturer, Inspection, sampling, testing as per applicable standards and FCL supervision and sealing is required at least in 40% of the shipments

Route C: For Licensed products (Product Certification Systems): Licensing of products is based on detailed evaluation of the product, including testing and factory audit and regular surveillances at least twice a year

A Product Certificate (Unregistered or Registered or Licensed) is required by the importer to open a Form M (Import Application) prior to shipment of the goods from country of supply.

  1. Second Step: Obtaining of the SONCAP certificate for each shipment

Based on the Product Certificates, a SONCAP certificate is issued for each shipment of products.

Below are listed the documents which may be required but not necessarily will be required in a specific case.  The decision is always made by the inspection body depending on the product.

Documents required for the issuance of the Product Certificate:

  • Inspection Report (route A)
  • Laboratory Test Report from an approved laboratory
  • Supplier’s verification (for route B)
  • Factory Audit Report (for routes B and C)
  • Request for Certification (RFC) using the RFC Form
  • Photographs of the products (where applicable)
  • Product Technical Data Sheet (where applicable)
  • Additional documents as may be considered appropriate

Documents required for the issuance of the SONCAP Certificate:

  • Valid Product Certificate
  • Satisfactory Test Report
  • Satisfactory goods verification, witnessing of stuffing of Full Container Loads (FCL) and affixing of seals to FCL (where applicable and feasible)
  • The e-form M number i.e (The BA and MF numbers of the form M) and Declared H.S. Codes for the products.
  • Importer’s Business Registration/RC Number and Tax Identification Number (TIN)
  • Final documents including seller’s final commercial invoice for the shipment (the goods description therein must be sufficiently detailed and conform to the Product Certificate), packing List, Bill of Lading and Airway Bill.
  • Request for Shipment Certification using the Request for Certificate of Conformity form
  • The Exporter Declaration of Conformity (where applicable)

NCC radio type approval

The regulatory clearance for wireless technology products in Nigeria is determined by the National Nigerian Communications Commission (NCC) and closely mirrors the guidelines of the EU RED Directive for regulatory approval.

The Type Approval criteria established by the Nigerian Communications Commission are rooted in international standards from organizations such as the International Electrotechnical Commission (IEC) and its International Special Committee on Radio Interference (CISPR), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI).

All manufacturers, vendors, and operators, including those dealing with consumer devices like mobile phones and wireless adapters, are obligated to ensure that their equipment complies with the relevant standards mandated by the Commission before introducing them to the Nigerian market.

The approval for the Nigerian market is permanently valid, so no recertification of products is required. Due to the existing connection to the CE marking and the specifications defined in the radio equipment directive (RED), test results and certificates for CE marking are accepted by the NCC. Therefore, no local tests are necessary in a laboratory in Nigeria, nor is the involvement of a local representative.

All communications equipment that has been type approved must be labelled with a label approved by the Commission. Since the label consists exclusively of text, a manufacturer must ensure a minimum height of the letters of 2 mm.

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