1. The Permit holder shall, at all times, remain an organisation
with an authorise dealings with the GMOs or an affiliate of such an
organisation and shall comply with its terms and conditions of the
Permit.
2. This Permit does not authorise dealings with GMOs that are
otherwise prohibited for cultivation purposes.
3. This Permit remains in force until it is suspended, cancelled or
surrendered or authorization period elapses. (No dealings with GMOs
are authorised during any period of suspension).
The holder of this permit ('the permit holder') is Flour Mills of
Nigeria Plc. (Golden Agri Inputs Limited)
4. The persons covered by this permit are the permit holder and
employees, agents or contractors of the permit holder and other
persons who are, or have been, engaged or otherwise authorised by
the permit holder to undertake any activity in connection with the
dealings authorised by this permit.
5. The dealings authorised by this Permit are for importation,
transport, storage and milling of the GMOs into poultry feed, and
the possession, supply or use of the GMOs in the course of any of
these dealings for the purpose of the permit.
6. The Permit Holder shall notify the Agency as soon as practicable
if any of the contact details of the project supervisor
changes.
7. The Permit Holder shall ensure that all GMO materials are
properly labelled in line with the provisions of the National
Biosafety Management Agency Act 2015.
Note: please address correspondence to
nbma@nbma.gov.ng
Prior to issuing a Permit the Agency considers suitability of the
applicant to hold a Permit. The following conditions address
ongoing suitability of the Permit Holder.
8. The Permit Holder shall at all times comply with the content of
the decision document.
9. The Permit Holder shall:
(a) inform the Agency in writing; of
i. The date for off-loading GM maize consignment and transportation
to the storage facility at least 2 weeks before commencement;
ii. any relevant conviction of the Permit Holder occurring after
the issue of this Permit; and
iii. 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
the environment; and
iv. any event or circumstances occurring after the issue of this
Permit that would affect the capacity of the holder of this Permit
to meet the conditions thereto; and
(b) provide any information related to the Permit holder's ongoing
suitability to hold a Permit, if requested, within the stipulated
period.
9. The Permit Holder shall be able to access and control all
Milling Plant Areas, storage and other approved facilities to the
extent necessary to comply with this Permit, for the duration of
the life of the Permit.
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.
10. Prior to conducting any dealings with the GMOs, the Permit
Holder shall provide to the Agency:
(a) names of all organisations and persons or functions or
positions of the persons who will be covered by the Permit, with a
description of their responsibilities; and
Note: Examples of functions or positions are 'Plant manager',
'Store manager', 'Plant operator' etc.
(b) detail of how the persons covered by the Permit will be
informed of Permit conditions; and
(c) detail of how the Permit Holder will access all Milling Plant
Areas, storage and other approved facilities to the extent
necessary to comply with this Permit, for the duration of the life
of the Permit
Note: this may include a description of any contracts, agreements,
or other enforceable arrangements.
(d) a Contingency Plan to respond to inadvertent presence of the
GMOs outside an area that shall be inspected.
11. Any changes to the information provided under the immediately
preceding condition shall be communicated in writing to the Agency
within 7 days of the changes occurring.
12. The storage facility and Milling facility shall be inspected
and approved by the Agency before commencing the trial.
13. The Permit Holder shall inform any person covered by this
permit, to whom a particular condition of the permit applies, of
the following:
(a) the particular condition (including any variations of it);
and
(b) the cancellation or suspension of the permit; and
(c) the surrender of the permit
14. The Permit Holder shall not permit a person covered by this
Permit to conduct any dealing unless:
(a) the person has been informed of any applicable permit
conditions, including any variation of them;
(b) Trained on the dealing and
(c) the Permit Holder has obtained from the person an undertaken
that the person:
i. has been informed by the Permit Holder of the Permit conditions
including any variation of them; and
ii. has understood and agreed to be bound by the Permit conditions,
or variation.
15. 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 undertaken
referred to in the immediately 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.
16. 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
Permit; or
(c) any unintended effects of the dealings authorised by the
Permit.
Note: The Act requires, for the purposes of the above condition,
that:
i. the Permit Holder will be taken to have become aware of
additional information of a kind mentioned in paragraph The Permit
holder shall inform the Agency if the Permit holder becomes aware
of:(a) if he or she was reckless as to whether such information
existed; and
ii. the Permit Holder will be taken to have become aware of
contraventions, or unintended effects, of a kind mentioned in
paragraph The Permit holder shall inform the Agency if the Permit
holder becomes aware of:any contraventions of the Permit by a
person covered by the Permit; or or The Permit holder shall inform
the Agency if the Permit holder becomes aware of:(c) if he or she
was reckless as to whether such contraventions had occurred, or
such unintended effects existed.
Note: Contraventions of the Permit may occur through the action or
inaction of a person. For example, if it is a condition of the
Permit that grains are milled prior to bagging and large quantities
of whole grains are bagged, then the person responsible for quality
control will have contravened that Permit condition.
17. If the Permit holder is required to inform the Agency under the
immediately preceding condition, the Agency shall be informed
without delay.
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
required.
18. If the Permit Holder informs the Agency under the immediately
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
19. Persons covered by this Permit shall not deal with the GMOs
except as expressly permitted by this Permit.
20. If a person is authorised by this Permit to deal with the GMOs
and a particular condition of this Permit applies to the dealing by
that person, the person shall allow the Agency, or a person
authorised by the Agency, to enter premises where the dealing is
being undertaken, for the purposes of auditing, monitoring,
inspecting the dealing or enforcement by the Agency.
Section 3 Limits and control measures
Limits on the release
The following permit conditions maintain the risk assessment
context within which the application was assessed, by imposing
limits on where and when the GMOs may be imported, and on other
activities that can be undertaken.
21. The only GM maize that may be milled at a Milling Plant or
stored at the storage facility are:
(a) the GM Events covered by this Permit as described in Attachment
A of the Permit;
(b) within the limit of the volume of Grains approved for
importation in writing by the Agency.
22. Storage and milling of the GMOs may only occur within the
following limits:
Volume and duration
Maximum volume of the import Duration
17,100 MT
Location of Milling Plant
1 Golden Penny Place Wharf Road, Apapa Lagos
23. Grains shall not be used, sold or otherwise disposed of for any
purpose which would involve or result in its use as crops for
planting or food for human.
Confinement measures
The following permit conditions maintain the risk assessment
context within which the application was assessed by restricting
spread and persistence of the GMOs.
Physical confinement and site security
The GMOs shall not be planted and shall not be allowed to grow
anywhere pursuant to this permit; and
Dispersal of GMOs
24. Transportation of GMOs from Entry Port to storage
25. Storage facility should be well-fortified to prevent dispersal
of grains by rodents and theft.
26. Any Equipment used in connection with the GMOs shall be cleaned
as soon as practicable and before use for any other purpose.
Note: The Contingency Plan shall be implemented if the GMOs are
detected outside areas under inspection.
Dispersal of the GMOs during transport or storage
27. Transport and storage of GMOs outside the Storage Area
shall:
(a) only occur to the extent necessary to conduct the dealings
permitted by this Permit or other valid authorisation; and
(b) be in accordance with the National Biosafety Regulations 2017
and other guidelines for the Transport, Storage and Disposal
of GMOs or
(c) if Grain is transported in a bag it shall be:
i. completely wrapped in cellophane; or
ii. completely enclosed within metal/plastic container;
iii. labelled for the Transport, Storage and Disposal of
GMOs.
Note: Signed statements by persons transporting or disposing of the
GMOs should be made.
Transport of GMOs for the purpose of export is permitted on
notification to the Agency as the permit holder would have
authorisation to import the GMOs to the destination country.
28. Methods and procedures used to transport GMOs shall be
recorded, and shall be provided to the Agency, if requested.
Persistence of the GMOs or Volunteers post-cleaning
29. After Cleaning, areas of land shall be inspected by persons
trained by the Permit holder to recognise volunteers and actions
taken as follows:
Area Period of inspection Inspection frequency Inspect for
Action
(a) Storage Area
(b) Milling areas that have been cleaned and where the GMOs may be
able to establish*. From the day of Cleaning
At least once every 30 days Volunteers Destroy immediately
30. Details of any inspection activity shall be recorded in a
Logbook and shall include:
(a) date of the inspections;
(b) name of the person(s) conducting the inspections;
(c) details of the experience, training or qualification that
enables the person(s) to recognise Volunteers, if not already
recorded in the logbook;
(d) details of areas inspected including current land use and
recent management practices applied;
(e) details of any Volunteers observed including number,
developmental stage and approximate position of the Volunteers
within each area inspected and
(f) date(s) and method(s) of Destruction of any Volunteer
plants.
Contingency plan
31. If any unintentional presence of the GMOs is detected outside
the areas requiring inspection, the Contingency Plan shall be
implemented, which include:
i. Notification of the Agency
ii. incident and corrective action forms shall be completed for
each case of accidental release.
iii. The incorporation of the completed incident and corrective
action forms into the compliance binder maintained at the storage
and/or milling sites.
iv. in the event that transgenic material falls out of its sealed
packaging and carrying bag during the transport process the
transgenic material will be immediately recovered and returned to
its storage which will be marked for subsequent destruction through
incineration.
v. if GM plants are accidentally removed from the storage facility,
the NBMA should be notified immediately of the event
and efforts should be undertaken to recover the material by the
Permit Holder under the guidance of the Agency.
vi. In the unlikely event of civil unrest or natural disaster that
affects the integrity of storage facility beyond recovery, the NBMA
should be notified by the Permit holder and requisite action would
be taken.
Section 4 Reporting and Documentation
The following Permit conditions are imposed to demonstrate
compliance with other conditions, facilitate monitoring/Inspection
of compliance by staff of the Agency, and emphasise appropriate
selection of the Planting Area.
32. Notifications shall be sent to the Agency as follows:
Notice Contents Timeframe
(a) Intention to import i. Details of the consignment, volume,
entry port, name of vessel and final destination including, the
state, local government area and city/town, GPS coordinates, a
street address and any other directions
ii. Identity of the GMOs to be imported
iii. Date on which the GMOs will be off-loaded
iv. Period when the GMOs are expected to be transported to storage
facility
v. Period when milling is expected to commence
vi. How the processed product is intended to be packaged At least 7
days prior to importation
(b) Milling of grain i. Period when milling is expected to
commence, actual date(s) of milling the GMOs
ii. Any changes to the details provided Within 7 days of any
milling
(c) Cleaning i. Actual date(s) on which any areas needing Cleaning
were Cleaned
ii. Method of Cleaning Within 7 days of completion of any
Cleaning
(d) Inspection activities i. Information recorded in a Logbook
Within 30 days of inspection
