To operate a business legally in Nigeria, all Nigerians and eligible foreign nationals must obtain a license to do business, including obtaining a Nigerian Business Permit and License.

Requirements for obtaining a license vary from state to state, but licensing agencies often require inspections of facilities and require all employees to have appropriate training and food certifications.

It is worthy of note that manufacturers desiring to register a food or related product in Nigeria must first have their factory inspected and be awarded a Certificate of Recognition as a manufacturer by NAFDAC before applying for product registration.

The food and alcohol industry covers the processing, packaging, and distribution of food and alcohol. To do business in the food and alcohol industry, Nigerians and eligible foreign investors must be licensed and registered to carry on business. Before engaging in the food and alcohol industry, there are standards and requirements that must be met before obtaining the necessary operating license.

Read also: PROCEDURE FOR REGISTRATION OF A PHARMACEUTICAL COMPANY IN NIGERIA

The Corporate Affairs Commission is the body responsible for registering businesses in Nigeria. Under the Companies and Allied Matters Act, every company must register with CAC before the commencement of business. Knowledge of the regulatory bodies that apply to the Nigerian food and alcohol industry is necessary to ensure proper compliance with regulatory requirements.

These regulatory agencies are;

• Corporate Affairs Commission
• Federal Internal Revenue Service
• State Internal Revenue Service
• Local Government License
• National Agency for Food and Drugs Administration and Control
• Mandatory Conformity Assessment Program

To obtain a License for Food Processing Industry in person, the applicant has to:

• Visit the Agribusiness Department of the Federal Ministry of Agriculture and Rural Development (FMARD)¹.
• The address and contact details of the FMARD can be found on the following page’s contact link.
• Visit the office and get an application form for a License or Permit for Food Processing Industry, as applicable to your requirement, from the respective department.
• Make sure that you have all the documents listed in the “Required Documents” section of the page.
•  Complete the appropriate information in the appropriate section of the application. After filling it out, attest it with your signature.
• After completing the application form, submit it directly to the relevant authorities at the government office.
• Once submitted, the application and other documents will be forwarded for review and verification procedures.
• Once the verification and validation process are complete, your application will be approved, and the authorities will take the necessary steps to issue your permit.
• Applicants will receive formal notification by phone or email from the office when documents are ready for collection.

Required Documents:

• Completed application form
• Proof of Registration/Incorporation with the Corporate Affairs Commission (CAC)
• The relevant permit from the National Agency for Food and Drug Administration and Control (NAFDAC)
• Products’ Registration Certificate
• Particulars of Directors in CAC form
• Tax Clearance Certificate
• Preliminary organization plan
• Financial plan
• Preliminary Marketing Plan
• Payment proof of statutory application fees
• Equipment report
• Availability reports of sufficient resources
• Proof of availability of trained manpower
• Required license fees

Alcohol License

An alcohol license is mandatory for any Nigerian registered company wishing to engage in any business involving the manufacture, importation, or sale of Alcohol within the Republic of Nigeria    These licenses may take longer to obtain than others, so it is recommended to start the process early.

The Liquor Licensing Regulation of various states regulates the procedure for obtaining an alcohol license in Nigeria, where alcohol is to be sold in a restaurant, the owner is required to obtain a license from the licensing tribunal of the Local Government Area.

To obtain an alcohol license²;

• To apply for a Liquor license in person, the applicant has to visit the Board Secretary’s Office of the Local Government Area in his/her state.
• Visit the office and obtain an application form for a Liquor License as applicable to your class of license from the relevant department.
• Make sure that you have all documents listed in the “required documents” section of this page when you visit the office.
• Complete the application form with appropriate details and required information as asked with respect to your license requirement.
• After that, attach all the required documents with the application form and submit them to the Secretary of the Board.
• Pay the required amount of fees as directed. Then, the officials will proceed to perform the internal processes with respect to the applicant’s request.
• Initially, your attached documents and application form will be checked for sufficiency and appropriateness.
• If found sufficient, further necessary tasks will be accomplished by the concerned officials for the issuance of the license.
• Once all the tasks and processes are over, an applicant will be intimated to collect the license through any applicable means.

Required Documents:

• Completed application form
• Certificate of incorporation
• Proof of payment
• Means of identification of the directors and shareholders
• Title deed or written undertaking lease in lieu of shareholders
• Constitution of the company.
• The relevant regulatory permit from NAFDAC
• Agreement copies of the partnership
• Proof of lawful occupation
• Proper and detailed sketch plan

Required information:

• Applicant’s name and address
• Nationality and age
• Company Name
• Registration number
• Information about the Foundation
• ID numbers of directors and shareholders
• Bank details

In conclusion, any person who requires the license must also apply for and obtain a relevant permit from the National Agency for Food and Drug Administration and Control in case of a regulated product by the agency. It is important that the completed form must contain all the information required properly, and the form must be filled legibly, in order to get accepted by the Authority. To prevent rejections, be sure to include all the supporting documentation requested by the authorities.

REFERENCES

 Nigeria – Obtain a License or Permit for Food Processing Industry (wikiprocedure.com)

Nigeria – Obtain a Liquor license (wikiprocedure.com)

Written by Kate Nkume for The Trusted Advisors

Email us: info@cms.trustedadvisorslaw.com

Telephone Number: +234 810 159 9159