NAFDAC Hammer Falls On Carnco Company

A  powdered milk manufacturing company, Carnco, has run into troubled waters in its bid to secure the release of ten containers seized by the National Agency for Food Drugs Administration and Control, NAFDAC, as the food regulatory agency has accused the company of importing into the country unwholesome food not fit for human consumption.

In suit filed before a Federal High Court in Lagos, southwest Nigeria against NAFDAC, the company is urging the court to compel the agency to release its containers containing powdered milk.

But in a counter-affidavit sworn to by NAFDAC’s legal officer, Mr. Oche Abutu, it was alleged that sometime in March, 2010, the agency intercepted fourteen 40ft containers containing fat-filled powdered milk manufactured by Synlait Milk Ltd of New Zealand packed in 25 kilogramme bags.

The goods were imported through Kirikiri Terminal. The consignments were actually rejected by the Chinese authorities on the ground that they were unwholesome and unfit for human consumption.

Upon inspection, it was disclosed that the date marking on the product which indicated 12 months shelf life for the product, had been altered to indicate 24 months shelf life.

Carnco Foods Nigeria Ltd wrote a letter dated 24 March, 2010 to the agency admitting that the consignment had indeed been relabelled and also informed the defendant that it had sent violation forms to its suppliers who explained that the relabelling was due to printing error and that the bags had been relabelled due to the large cost it would have incurred if the product was entirely repackaged.

Consequently, seven, out of the said fourteen 40ft containers, were released on hold by the agency and escorted to the company’s warehouse by the enforcement directorate unit of the defendant on 14 January, 2010.

The remaining seven 40ft containers of milk were removed from the port by Comjul Agency, the company’s clearing agency on 26 April, 2010 without NAFDAC’s permission.

The agency is presently investigating the circumstances relating to the disappearance of the said container and upon conclusion of the investigation it instituted criminal proceedings against Carnco. The milk was tested and result revealed that the milk imported by Carnco had expired.

Consequently, NAFDAC contended that if the seized containers of expired milk are released to the Carnco company, it will subsequently market same to the unsuspecting Nigerian public, thereby putting the health and life of many Nigerians at grave risk. The court was urged to dismiss Carnco’s suit.

Justice Okechukwu Okeke reserved judgement till 8 March this year.