- …Sellers to face the law
Farmers have been urged by the Fertiliser Producers and Suppliers Association of Nigeria (FEPSAN) to refrain from applying raw materials intended for blending NPK directly on their farm crops.
Such raw materials, according to FEPSAN, which is the national umbrella organisation for fertiliser producers and suppliers, might significantly affect the soil and have devastating long- and short-term impacts on its productivity.
Speaking with Daily Trust on the issue in Abuja, the executive secretary of the association, Mr Gideon Negedu said, “FEPSAN under the PFI, has continued to emphasise that raw materials like Di-Ammonium Phosphate (DAP), Muriate of Potash (MOP), and Granular Ammonium Sulphate (GAS) are strictly for blending and not for direct application.”
This is in response to a revelation that many farmers are substituting these raw materials for blended fertiliser on their farms, thereby endangering soil productivity.
“This case has been reported to the relevant authorities like the Farm Input Support Services (FISS) which is saddled with implementing the fertiliser quality act.
“The office of the National Security Advisor also monitors the use of these materials, particularly the GAS and Urea as they are security sensitive materials,” he warned.
Mr Negedu cautioned that selling such raw materials to farmers directly was improper, adding that doing so posed a serious threat to both the soil and the fertiliser business as a whole.
He further stated that, “The sale of GAS directly to farmers is strictly prohibited within FEPSAN and farmers, and dealers are strongly discouraged from patronizing the products in their direct forms as they pose a serious threat to the soil over a short time.
“However, the use of these materials in NPK blends is strongly encouraged.”
Reports indicated that the use of raw materials is widespread in Katsina, Kano, and other northern states, which has increased demand for the resources.
The Secretary, Fertiliser Sellers’ Co-operative Society in Funtua LGA, Alhaji Dikko Abdullahi, told Daily Trust that there is “high demand for Ammonium Sulphate” currently by farmers in the area, confirming that “what the farmers are using now in place of NPK fertiliser is a raw material meant for blending factories.”
Sources said some fertiliser dealers source the raw materials from Lagos to sell direct to farmers.
FEPSAN, however, said it is working hard to fish out any member of the association involved in that sort of business.
Speaking about the elements influencing the nation’s current fertiliser consumption, the FEPSAN executive secretary stated that demand “in Nigeria today is driven mainly by output price of harvest, availability, and price and timeliness of the product.”
He noted that “where the output or harvested crops have a good price, this will affect the farmers’ decision to buy fertiliser in the next year. Farmers treat this as a business and will only make input decisions if the output is profitable.”
Eradicating adulteration
One issue that has been plaguing the country’s blenders is the way some people fake their brand names, adulterate their products, and sell them to vulnerable farmers in rural and farming communities across the country.
To deal with this scourge, Mr Negedu said there’s “need for the regulators, like Federal Ministry of Agric, to step up in their responsibilities and ensure that there’s prompt prosecution of cases reported. Ensure that there’s proper awareness and enforcement of the Fertiliser Act.”
He also advised farmers to patronize responsible companies that ensure the highest standards in their production, adding that the public should contact the association for professional advice.
Also speaking with Daily Trust in Abuja, the Director of Fertiliser and Input Supply at the Federal Ministry of Agriculture and Rural Development, Mr Ishaku Buba said, “lots of efforts have been done to address the issues of fertiliser adulteration in the country.”
In the last few years, reforms were carried out in the fertiliser industry for farmers to have more access under the National Fertiliser Quality Control Act 2019, which is a game-changer for the business, while also utilizing the law as a potent tool against adulteration and fake fertiliser products in the country.
The National Fertiliser Quality Control Act of 2019
The National Fertiliser Quality Control Act of 2019 allows the federal government to step back from the fertiliser procurement process and give it over to the private sector, with the government acting as an ombudsman and regulator.
The law empowers the Farm Input Supply Services Department of the Federal Ministry Agriculture and Rural Development, to within 30 days, issue license or certificate to qualified applicants, who want to participate in the fertiliser industry. And where such certificates are not to be issued, the reasons must be made clear why such applicants cannot get them.
The minimum content of fertiliser can be found in the first schedule of the Act. Manufacturing, blending, importing or distributing unbranded or misbranded fertiliser is a serious offence; dealing in adulterated fertiliser, offering for sale fertiliser that is underweight, selling condemned fertiliser or diverting or converting fertiliser, or flaunting a ‘stop-sale’ order. All of these carry a minimum of five years imprisonment without an option of a fine.
Use of destructive ingredients or harmful properties in fertilisers, conversion or diversion of fertiliser, and obstruction of authorized officers for inspection constitutes a serious violation of the law found in greater detail in part 2 of this Act.
Other offences
Operating without a permit or certificate of registration is a violation of this Act. This offence is created in Sections 2 and 8 and punishable under Section 20 of the Act, and the punishment is a minimum fine of N5 million, but not exceeding N10 million in the case of a manufacturer, blender or importer. If they are unable to pay the fine, the law will proceed against their assets.
Where a director, employee or agent of such a company is found to be liable, they can also be prosecuted under this law.
Also, where a distributor or a corporate person is involved, there is a minimum fine of N500,000 daily as long as the offence persists. There’s also the offence of the use of harmful ingredients or conversion or diversion of fertiliser. These offences are created under sections 9 and 10, and the punishment is at least N1 million or a term of imprisonment of at least six months or both.
There’s also the offence of obstructing an authorized officer of the prescribed authority. This offense is created by Section 11 of the Act and attracts a punishment of a fine of at least N200,000 or a term of imprisonment of at least six months or both.
Where an officer of the Federal Ministry of Agriculture is attempting to visit a factory to do their job, and the owners of the factory obstruct such an officer, those who obstruct the officer will be liable for this offence and they may be punished by the court if they are prosecuted.
Farmers can claim damages in court
Where a farmer suffers losses, which may include buying adulterated fertiliser that affects his/her produce yields losses, the farmer can approach any court in his locality as the law authorizes the courts to award compensation to protect such farmers who have suffered from the violation of the law.
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