Liberia Fertilizer Regulatory Division Act.

This Act consisting of 80 articles divided into VI Chapters aims at (i) safeguarding the interests of the farmers against nutrient deficiencies, adulteration, misleading claims, and short weight; (ii) safeguarding the interests of fertilizer enterprises and contributing to the creation of an enabling environment for private sector investment in the fertilizer industry; (iii) protecting people, animals, plants and the environment of Liberia against the potential dangers associated with inappropriate fertilizer use; and (iv) facilitating national and regional trade in fertilizers, through the implementation of principles and rules mutually agreed in the ECOWAS region to dismantle trade barriers. This Act shall apply to all fertilizer-related activities, including but not limited to (a) actions that pertain to the registration and licensing of fertilizer dealers; and (b) the storage and sale of fertilizer, which is locally manufactured or imported into Liberia. Guiding principles of the activities related to fertilizers are (i) harmonization between Members States' legislation; (ii) truth-in-labeling; (iii) free movement of fertilizers; (iv) international standards recognition; (v) public participation and information.
Article 13 establishes, under the Department of Technical Services of the Ministry of Agriculture, the Liberia Fertilizer Regulatory Division (LFRD) with the following main tasks (i) advise the Minister on matters relating to the implementation of this Act and any other national legal instruments that are aligned with the ECOWAS fertilizer regulations; (ii) be responsible for the administration and enforcement of the provisions of the ECOWAS fertilizer regulations and any country-specific legislation enacted under the ECOWAS regulations; (iii) inspect, sample, and analyze fertilizers distributed in the country and prepare appropriate manuals and reports (inspection report, analytical report, certificate of registration, license, application for registration, stop-sale or seizure order, and other reports) required to enforce this Act and regulations; (iv) impose the charges deemed necessary for services rendered. Article 18 establishes the National Fertilizer Council (NFC) with the following main tasks (i) advise the Minister on policies for the development of fertilizer manufacture, inspection, sampling, analysis, and marketing; (ii) monitor the supply of fertilizers to ensure their security; (iii) develop procedures for registration and licensing of fertilizer producers, importers, and dealers; (iv) prescribe standards for fertilizer quality control that are aligned to relevant ECOWAS regulations; (v) recommend to the Minister a fee for licensing for the sale of fertilizers, renewal of the certificate of registration for manufacture and importation and license for the sale of fertilizers, inspections, and analysis of samples; (vi) represent the Government of Liberia and participate in the meetings as an official national body for fertilizer control. Article 26 establishes the Liberia Fertilizer Advisory Committee (LFAC) which is the body responsible for advising and making recommendations to the National Fertilizer Council on all matters including (i) inspection and enforcement of the provisions of this Act; (ii) the annual budget; (iii) necessary fees to provide adequate inspection services in respect of fertilizers.
The Fertilizer Quality Control is accomplished through the adoption of the Liberia Fertilizer Inspection Manual and the Liberia Fertilizer Analytical Manual under the ECOWAS Regulations. The first manual describes the modalities and procedures for fertilizer inspection, while the second one describes the modalities and procedures for their analysis. Import and Export regimes are dealt with in article 35 and, as a general rule, regulations on foreign trade, the import and export of fertilizers are subject to prior approval by the Liberia Fertilizer Regulatory Division. Manufacturers and Importers of Fertilizer need a certificate of registration granted by the Division (art.36). Any person who carries out the business of distributing or retailing fertilizer has to apply to the Division for a license. The Ministry shall keep a Fertilizer Register as provided in article 43.
The Act deals also with (i) rules for transport; (ii) warehousing and storage; (iii) labels and the included information; (iv) packaging; (v) inspection fees and the establishment of an inspection fund.
The Chapters of the Act are as follows: General Provisions (I); Guiding Principles (II); Fertilizers Regulatory System (III); Violations, Offences and Penalties (IV); Special Provisions (V); Final Provisions (VI).