Obligations of the Permit Holder
Prior to issuing a Permit, the NBMA considers suitability of the
applicant to hold a Permit. The following conditions guide the
suitability of the Permit holder:
1. The Permit holder shall, at all times, remain a person with
authorised dealings with the GMOs as indicated in this decision and
shall comply with the terms and conditions of the Permit.
2. The Permit does not authorise these GMOs for cultivation
3. This decision relating to the Permit remains in force until it
is suspended, cancelled or surrendered or when the authorization
period elapses. (No dealings with GMO are authorised during any
period of suspension),
4. The persons covered by this decision are the Permit holder and
employees, agents or contractors of the Permit holder,
5. The dealings authorised by this Permit are for food, feed and
6. The Permit Holder shall at all times comply with the content of
the decision document.
7. The Permit Holder shall inform the Agency in writing of:
i. any relevant conviction of the Permit Holder occurring after the
issuance of this Permit;
ii. any revocation or suspension of a permit held by the Permit
Holder under a law of the Nigerian Government, a State or a foreign
country, being a law relating to the health and safety of people or
iii. any event or circumstances occurring after the issuance of
this Permit that would affect the capacity of the holder of this
Permit to meet the conditions thereto; and
iv. provide any information related to the Permit holder's ongoing
suitability to hold a Permit, if requested, within the stipulated
The following conditions seek to ensure that persons conducting the
dealings are aware of the Permit conditions and appropriate
processes are in place to inform people of their obligations.
8. The Permit Holder shall inform any person covered by this
permit, to whom a particular condition of the permit applies of the
(a) the particular condition (including any variations of it);
(b) the cancellation or suspension of the Permit; and
(c) the surrender of the Permit
9. The Permit Holder shall not permit a person covered by this
Permit to conduct any dealing unless:
(a) the Permit Holder has obtained from the person an undertaken
that the person:
has been informed by the Permit Holder of the Permit conditions
including any variation of them; and has understood and agreed to
be bound by the Permit conditions, or variation.
10. The Permit Holder shall:
(a) inform the persons covered by this Permit that any Personal
Information relevant to the administration and/or enforcement of
the Permit may be released to the Agency; and
(b) provide the Agency, if requested, with copies of the
undertaking referred to in the immediate preceding condition.
2.2 Provision of new information to the Agency:
Permit conditions are based on the risk assessment and risk
management plan developed in relation to the application using
information available at the time of assessment. The following
condition requires that any new information that may affect the
risk assessment is communicated to the Agency.
The Permit holder shall inform the Agency if the Permit holder
becomes aware of:
(a) additional information as to any risks to the health and safety
of people, or to the environment, associated with the dealings
authorised by the Permit; or
(b) any contraventions of the Permit by a person covered by the
(c) any unintended effects of the dealings authorised by the
Note: The Act requires, for the purposes of the above condition,
i. the Permit Holder will be taken to have become aware of
additional information of a kind mentioned in paragraph 2.2
ii. the Permit Holder will be taken to have become aware of
contraventions, or unintended effects, of any kind,
Note: Contraventions of the Permit may occur through the action or
inaction of a person.
If the Permit holder is required to inform the Agency under the
immediate preceding condition, the Agency shall be informed without
Note: An example of informing without delay is contact made at the
time of the incident via the NBMA phone number, which provides
emergency numbers for incidents that occur out of business hours.
Notification without delay will allow the NBMA to conduct a risk
assessment on the incident and attend to the location if
If the Permit Holder informs the Agency under the immediate
preceding condition and the Agency requests further information,
the further information shall be provided in a manner, and within
the period, stipulated by the Agency.
2.3 Obligations of persons covered by the Permit
Persons covered by this Permit shall not deal with the GMO except
as expressly permitted by this Permit.