Required Report - public distribution

**Date:** 8/28/2007

**GAIN Report Number:** GH7002

GH7002

**Ghana**

**FAIRS Country Report**

**Annual**

**2007**

**Approved by:**

![](media/image1.wmf)Ali Abdi, Agricultural Counselor

U.S. Embassy

**Prepared by:**

Elmasoeur Z. Ashitey, Agricultural Specialist

**Report Highlights:**

Sections II, IV, and VI of this report has been revised.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Lagos \[NI1\]

\[GH\]

Table of Contents

[SECTION I. FOOD LAWS 3](#section-i.-food-laws)

[SECTION II. LABELING REQUIREMENTS
3](#section-ii.-labeling-requirements)

[SECTION III. PACKAGING AND CONTAINER REGULATIONS
4](#section-iii.-packaging-and-container-regulations)

[SECTION IV. FOOD ADDITIVE REGULATIONS
4](#section-iv.-food-additive-regulations)

[SECTION V. PESTICIDES AND OTHER CONTAMINANTS
5](#section-v.-pesticides-and-other-contaminants)

[SECTION VI. OTHER REGULATIONS AND REQUIREMENTS
5](#section-vi.-other-regulations-and-requirements)

[SECTION VII. OTHER SPECIFIC STANDARDS
7](#section-vii.-other-specific-standards)

[SECTION VIII. COPYRIGHT AND TRADEMARK LAWS
7](#section-viii.-copyright-and-trademark-laws)

[SECTION IX. IMPORT PROCEDURES 8](#section-ix.-import-procedures)

[APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS
11](#appendix-i.-government-regulatory-agency-contacts)

[Appendix II: OTHER IMPORT SPECIALIST CONTACTS
11](#appendix-ii-other-import-specialist-contacts)

\"This report was prepared by the Office of Agricultural Affairs of the
USDA/Foreign Agricultural Service in Accra, Ghana for U.S. exporters of
food and agricultural products. While every possible care was taken in
the preparation of this report, information provided may not be
completely accurate either because policies have changed since it's
preparation, or because clear and consistent information about these
policies was not available. It is highly recommended that U.S. exporters
verify the full set of import requirements with their foreign customers,
who are normally best equipped to research such matters with local
authorities, before any goods are shipped. FINAL IMPORT APPROVAL OF ANY
PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY\'S RULES AND REGULATIONS AS
INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY.\"

# SECTION I. FOOD LAWS

#### 

The Food and Drugs law was passed in 1992. The Government of Ghana's
(GOG) regulatory body responsible for food product manufacturing,
importation, exportation, advertisement and distribution is the Food and
Drugs Board (FDB). The Food and Drugs Board was established and became
fully operational in August 1997. The FDB was established to protect and
promote public health by ensuring that food and drugs consumed in Ghana
are wholesome and safe.

All food products imported, advertised, sold or distributed in the
country must first be registered with the Food and Drugs Board under
Section 18 and 25 of the Food and Drugs law, 1992 (PNDCL 305B) and
Section 4 (b) of the Food and Drugs (Amendment) Act 523, 1996. A
certificate with a registration number is then issued with respect to
the product. In addition only companies duly registered by the Registrar
General's Department shall be permitted to import food and drugs.

According to FDB (Food, Drugs and other Goods) General Labeling Rules,
1992, "food" includes "any article manufactured, sold or represented for
use as food or drink for human consumption, chewing gum and any
ingredient which may be mixed with food for any purpose whatsoever".
Currently the Food and Drugs law is undergoing review and amendments to
ensure that all food products including water are included in the food
law.

Since its inception, the FDB has enforced its food laws through the
process of registration of products. In addition, to avoid food
adulteration the FDB undertakes inspection of food processing facilities
in Ghana, destination inspection of imported products, verification of
exports and post market surveillance. It is an offence punishable by law
if anyone contravenes the provisions of existing food and drugs laws.
Legally, failure to register any food item with the FDB means the
product cannot be imported. However the FDB may apply the following in
the case of importation of unregistered products a) re-exportation b)
destruction/confiscation & prosecution or c) bringing into compliance
with the law.

# SECTION II. LABELING REQUIREMENTS

#### 

## A. General Requirements

The General Labeling Rules, 1992, (L. I. 1514) of FDB require that food
labeling be informative and accurate. The minimum labeling requirements
are:

Labeling should be in English. An English translation must be shown on
the label or package insert (where applicable) if it is in another
language.

Name of product - brand name or common name should be in bold letters.

The manufacturer/exporter's full address including location, country of
origin must be provided on the product label.

Provide net mass/weight or net volume of content- specifying essential
ingredients in metric weight for solids, semi‑solids and aerosols, and
metric volume for liquids.

List ingredients by their common names in order of importance by weight.
If the food is \"standardized,\" the label must include only those
ingredients, which is optional for that standard.

Food additives and colors must be stated on the label. Spices, flavors
and colors may be listed as such, without naming the specific material,
but any artificial color or flavor should be identified as such.

Provide the production \"batch\" or lot number.

Provide date of manufacture of products, expiry date or best use before
date.

There is no additional labeling for US food imports if the standard U.S.
label addresses the above-mentioned items. Stick‑on labels meeting FDB
requirements are permitted but are temporary.

It is not a requirement in Ghana to include the FDB registration number
on the product label.

## B. Requirements Specific to Nutritional Labeling

# 

The FDB considers any special dietary food a "drug", if it helps in the
"treatment, prevention, cure, mitigation or diagnosis of diseases in
humans or animal". As such manufacturers must register such dietary food
as medicinal products in compliance with FDB guidelines for registration
of drugs.

It is mandatory to label any prepackaged food item that has a
nutritional composition. Manufacturers must justify any nutritional
claim on the product\'s label.

Labels must contain directions for safe usage, handling and storage.

Additional nutritional labeling information is voluntary.

FDB accepts the Standard U.S. nutritional fact panel.

Labels bearing 'No Cholesterol' or Cholesterol Free' on edible vegetable
oils are still not acceptable. Vegetable oils should bear the plant
source of the oil and labeled as such, for example Corn oil, Soybean
oil, Sunflower oil since all plant sources of oil are cholesterol free.
According to officials of the FDB this rule is also being amended to all
edible oils such as margarine. The FDB is of the view that cholesterol
free labels on plant sources of products are deceptive and "create
unfair trade as a marketing strategy". This labeling issue would affect
US exports of edible oils to Ghana.

# SECTION III. PACKAGING AND CONTAINER REGULATIONS

### 

The Food and Drug (Amendment) Act 523 1996 Section 7 of PNDCL 305B
stipulates that ''food should be stored and conveyed in such a manner as
to preserve its composition, quality and purity and to minimize the
dissipation of its nutritive properties from climatic and other
deteriorating conditions''. The FDB has no specific regulations on
packaging, waste disposal laws or product recycling regulations that
impact on imported food products.

The FDB does not impose any specific restrictions on packaging
materials.

Importers and consumers prefer processed and high value products to be
packaged in small to medium size packs that are affordable. In addition,
bulk shipment of products that can be repackaged locally is also
preferred.

# SECTION IV. FOOD ADDITIVE REGULATIONS

The food additive and contaminants regulations are based on Codex
Alimentarius (vol. 1, 1991 pages 49-179) in its assessment of food
safety. Ghanaian food additive regulations are specified in the GOG Food
and Drugs Law, 1992, PNDCL 305B.

-   No person may manufacture, import, advertise, sell or present any
    food item or beverage containing a non- nutritive sweetener for
    human consumption unless the product is \"specified for special
    dietary usage.\"

-   It is not permissible to add non-nutritive sweeteners in any food or
    beverage to be consumed by infants or children.

-   Non-nutritive sweeteners, including saccharin and cyclamates, may be
    used in low‑calorie, dietary foods/beverages.

-   It is against the law to use Potassium Bromate as a flour improver
    for bread. Manufacturers are to use Ascorbic Acid as food additive.

-   Effective July 1, 2005 all salts manufactured in Ghana or imported
    must be iodated.

-   The FDB is processing a food fortification regulation that will
    compel the fortification of wheat flour and edible oils with Iron
    and Vitamins (Regulation not yet passed)

The ban on the sale of non-iodated salt is in compliance with the Food
and Drugs Amendment Act (Act 523). Any person or company found to be in
violation of any provision of the Food and Drug Law 1992, PNDCL 305B
will be subject to a court penalty unit (the fine is not fixed) to be
determined by the law court or imprisoned for not more two years or
both.

# SECTION V. PESTICIDES AND OTHER CONTAMINANTS 

#### 

Pesticide residue and contaminant levels in food are based on standards
of the Codex Alimentarius Commission (Codex Alimentarius vol. 1, 1991:
pages 1-146; 182-192). A certificate of analysis, which states the
pesticide residue level and freedom from radioactive contaminants, must
accompany all imported goods.

By law the FDB has the right to test and analyze any domestic or
imported product at its laboratories to determine if the product is free
of contamination. FDB officials carry out routine inspection and
analysis of imported foods at the port of entry and at the retail level.
FDB has the mandate to seize and destroy any product that is
contaminated. Additionally, information on approved pesticides may be
obtained from Plant Protection and Regulatory Services of Ministry of
Agriculture that is a member of the Board of the FDB (see contact
information at end of this report).

# SECTION VI. OTHER REGULATIONS AND REQUIREMENTS 

## A. General 

Exporters may retain the services of a Ghanaian agent or distributor
(though not required). However an association with a local
representative who possesses a thorough knowledge of the Ghanaian market
can be extremely beneficial. As such it is common for a good agent to be
heavily committed or to represent several product lines. Thus care
should be taken when approaching agents to ensure that they do not
represent other exporters that may result in conflict of interest.

The following documentation/registration is required if an agent is
utilized:

-   The Agent has a registered company or business with the capacity to
    affect a product recall if necessary.

-   The Ghanaian importer/agent must provide proof of Power of Attorney
    from the manufacturer, which gives him/her authority to represent
    him/her on issues relating to the product.

-   The original Power of Attorney must be notarized in the country of
    origin, signed by the Chairman or President of the company, stating
    names of the products to be registered.

-   The Agent is to register the product with FDB valid for not less
    than five years.

-   As a representative of the foreign manufacturer the local
    representative/agent can coordinate all the registration processes
    for the imported food products. (See below)

### FDB registration requirements:

-   An FDB application form for the registration of each product or
    product group must be completed.

-   The exporter must send eight (8) product samples of the same batch
    of each product to FDB for physical/laboratory analysis and vetting
    which takes about four to eight weeks. Product samples may be
    shipped by express mail (DHL or Federal Express or other express
    mail) and standard food import regulations are not applied.

-   The following documents must be provided to the FDB:

    a.  Certificate of manufacture and free sale, issued by an
        accredited health authority,

    b.  Product license or evidence of product registration in the
        country of origin,

    c.  A certificate of laboratory analysis performed in the country of
        origin must be provided such as a sanitary and phytosanitary
        certificate. A comprehensive certificate of product analysis
        issued by the manufacturer indicating the name and designation
        of the analyst.

```{=html}
<!-- -->
```
-   All importers must submit the certificate of registration of brand
    name/ trademark, in the name of the owner of the trademark, to the
    FDB.

-   The importer should present a letter of invitation for the
    inspection of the factory/warehouse stating the full location
    address of the manufacturer, name of contact person, current phone
    and fax numbers and E-mail address.

The FDB registration process involves a review of the manufacturing
process, an assessment of food safety and quality, and confirmation of
compliance with FDB labeling regulations. The registration of any food
product with the FDB is a very slow process and can take between one or
two months to be completed from the date samples are submitted for
laboratory tests. U.S. manufacturers/exporters wishing to sell their
food products in Ghana also should be aware of relevant requirements and
regulations of the Customs Service mentioned in **section IX** of this
report.

## B. Expiry Dates

In the Food and Drugs Act, all food products should carry expiry dates
and/or shelf life. The active ingredients should be specified on their
packaging where applicable. The FDB regulation states that the expiry
date should be \"at least half the shelf life as at the time of
inspection.\" This means that the inspection date (by FDB after custom
clearing) until the expiration date of the product should be equal to or
greater than half of the total shelf life of the product (date of
production until expiry.) The FDB routine checks have been effective in
ensuring that expired food products are removed from the shelves.

## C. Registration Fees

## 

The registration fee, for vetting, processing and documentation for all
imported food products is 300 New Ghana cedis (\$326) for three years.
In addition, the registration of importer is 100 New Ghana cedis (\$109)
renewable on yearly basis to keep the importer on the FDB register.
Additionally, the product inspection fee for each import is 50 Ghana new
cedis (\$54) to ensure that the product meets the requirements. The FDB
also has the following additional requirements:

-   A food product with different flavors will be registered as a group.

-   No applicant will be allowed to register a food product in more than
    one name.

## D. Prepackaged Food Products 

The guidelines that regulate the sale of prepackaged food products in
Ghana are as follows:

-   All prepackaged food can be sold only if a label has been affixed to
    it.

-   Any person who labels a prepackaged food product in a manner, which
    is false, misleading or deceptive as regards its character, nature,
    value, substance, composition, merit, safety, quality, quantity or
    origin commits an offence.

-   Manufacturers must provide a complete list of ingredients used in
    preparing the food item on the label in a descending order of their
    proportion. Provide recommended storage and handling conditions with
    the shelf life.

-   Indicate on the label if a prepackaged food item has been treated
    with ionizing radiation and the nature of the ionizing radiation.

-   Submit to FDB a Free Sale Certificate from a competent health
    authority from the country of product origin, that the sale of the
    product does not contravene the food laws of that country.

-   Provide FDB with product's license or certificate of registration
    from a competent health authority in the country of product origin
    that is evidence of product registration.

-   FDB officials routinely visit retail outlets in the country to
    confirm that all imported food products are in compliance with local
    regulations.

Failure to comply with the above regulations will compel the FDB to
prohibit the importation, distribution, sale or use of any prepackaged
food product, temporarily or permanently as well as impose a fine of
5,000,000 cedis (about \$556) against any product of a particular
company.

## E. Advertisement Requirements

-   All advertisement and promotional materials (including the contents
    to be used) must be first approved by the FDB before they are
    utilized.

-   An application to advertise a product must be submitted to FDB for
    approval. This approval is in addition to the Certificate of
    Registration of food product issued by the FDB that authorizes
    importation and sale in Ghana.

Exporters may advertise in the print and electronic media (Radio, TV),
billboards, posters and point of sale displays.

# SECTION VII. OTHER SPECIFIC STANDARDS

At present, Ghana has no laws regulating products of biotechnology.
However, a draft biosafety bill has been developed and will soon go for
public debate.

# SECTION VIII. COPYRIGHT AND TRADEMARK LAWS

Ghana is a member of the World Intellectual Property Organization
(WIPO), the Universal Copyright Convention (UCC) and the African
Regional Industrial Property Organization (ESARIPO). Manufacturers and
traders are strongly advised to patent their inventions and register
their trademarks in Ghana, and to do so through a patent or trademark
agent. Fees for registration vary according to the nature of the patent,
but local and foreign applications pay the same rate.

The Ghanaian system for patent and trademark protection is based on
British law, and it was only in 1992 that the patent laws of the UK
ceased to apply in Ghana. Local courts offer redress when infringements
occur, though few cases have been filed in recent years.

The Copyright Act was passed in 1961 and the Trademark Act in 1965. The
Copyright Administration in Ghana is responsible for patents, copyright
and trademarks. Registration of a trademark permits the holder to have
the exclusive right to use the registered mark for a specific product or
group of products. Upon approval of a patent, the applicant is given the
exclusive right to make, export, import, sell, use a product or apply a
patented process.

Copyright Act of 1965 (amended in 1970) makes it a criminal offense to
make counterfeit, reproduce, export, import, exhibit, perform, or sell
any work without the permission of the copyright owner.

# SECTION IX. IMPORT PROCEDURES 

### 

The following sequence of import procedure is for general guidance.
Importers are required to:

-   Obtain a proforma invoice from the supplier.

-   Obtain an Import Declaration Form (IDF) from the Ministry of Trade
    and Industry

-   Apply for a Letter of Credit for payment of goods.

-   Arrange insurance cover for the goods depending on shipment terms.

-   Notify the Ghana Shippers Council when shipping by sea.

-   Contact a clearing Agent for Customs clearance formalities.

## A. Destination Inspection Scheme

Ghana abolished Pre-shipment Inspection with effect from 1st April 2000,
and replaced it with the Destination Inspection Scheme \[DIS\] backed by
computerized risk management, X-ray scanning and physical inspection.
Now all exports to Ghana are subject to Destination Inspection unless
specifically exempted by the Ghana Ministry of Trade and Industry. There
are no threshold exemptions hence all imports are subject to inspection,
regardless of their value. Inspection charges are currently pegged at 1%
CIF value.

Gateway Services Limited (GSL) operates the Destination Inspection
Scheme for sea freight and Ghana Standards Board and Bureau Veritas
(GSBV) for goods received by air and land.

In addition, depending on the imported goods, clearances may require the
approval of FDB, Ghana Standards Board, National Drug and Narcotics
Board and other agencies at the ports of Ghana.

**The destination inspection procedure is as follows:**

## 

-   Import Declaration form (IDF) Submission

-   Submit IDF to Gateway Services Limited (GSL) 21 days before arrival
    of goods, along with the proforma invoice, Supplementary Information
    Document (SID) and Tax Identification Number (TIN) Certificate. The
    SID form is available at the GSL.

-   Final Documents Submission to GSL

-   Submit the Final Invoice, Bill of Lading and the Packing List 10
    days prior to the arrival of goods. There is a warning that without
    the Packing List there will be no scanning of the goods.

**The Clearing Process is as follows:**

-   The Customs Entry

> The Clearing Agent obtains and completes the Single Administrative
> Document (SAD) from the Customs Excise and Preventive Service (CEPS),
> after collection of the Final Customs Valuation Report (FCVR) from
> GSL. Submits the SAD to the (CEPS) along with all supporting documents
> (invoice, B/L, FCVR, Exemptions, etc).

-   At the harbor/port

> After CEPS has completed processing, the product information will be
> dispatched to various locations, depending upon the Computerized Risk
> Management System (CRMS) Level quoted on the Final Customs Valuation
> Report (FCVR).
>
> After satisfactory process of invoice, B/L, FCVR, CRMS and Exemptions,
> CEPS will release an **Out-of-Charge** document. In addition a
> **GATEWAY PASS** from the GSBV or GSL will be released for the other
> clearance channels.

## 

-   The Ghana Ports and Harbors Authority Waybill (GPHA)

> Present the Out-of-Charge document to obtain a **WAYBILL** as proof of
> payment of all port charges.

The importer or Agent completes the Single Administrative Form (SAD) and
attaches all relevant documents and presents them to the following
agencies that are all under the same roof at the port of entry, for
endorsement.

-   To the Ghana Shippers Council for verification of importer's
    registration with the council,

-   Internal Revenue Service for certification of importer's current tax
    payments,

-   The Ministry of Trade and Industry for endorsement of the IDF.

-   The SAD and bill of Entry are checked by Customs who assesses the
    duty. Once the duty is paid and a receipt issued the goods are
    released.

## B. Documentation 

# 

The documentation process for all imports is as follows:

-   Import Declaration Form (IDF) covering the goods should be completed
    and signed by the importer and submitted before importation of goods

-   Single Administrative Document (SAD), a customs form designed for
    all customs transactions including imports and exports. This form
    must be completed and submitted to CEPS.

-   Shipment Notification Forms: the importer needs to complete Ghana
    Shippers Council Shipment Forms for sea shipment.

-   Insurance:-Insurance coverage should be obtained in Ghana but it is
    not a pre-condition for importation. However the importer has to
    produce evidence of an insurance policy before banks will agree to
    open a letter of credit.

Other Documents supporting customs entry forms are:

a.  Suppliers Invoice: this must be in duplicate and attested

b.  Packing list

c.  Bill of Lading / Airway Bill/Parcel Post delivery.

d.  The inspection agency shall, pursuant to the inspection, issue one
    of the following reports of findings:

e.  Final Customs Valuation Report (FCVR) if the inspection yields a
    satisfactory result.

f.  A Gateway Lock (GWL) if the inspection reveals discrepancies which
    cannot be rectified by the importer

-   The importer must present his original copy of the FCVR to the
    Customs Excise and Preventative Service (CEPS) at the time of
    clearing the goods.

-   At the same time, the importer shall pay to CEPS the total duties
    and taxes of CIF value of the goods.

-   Special Requirements: Foods, Drugs, and some other goods imported
    into Ghana are required to be clearly marked or labeled as required
    by the General Labeling Rules, 1992, (L.I. 1514).

-   Inspections and clearances by FDB, Ghana Standards Board (GSB), the
    Ghana Narcotics Control Board (NCD), Veterinary Service (VET) and
    other agencies stationed at the ports.

# 

## C. Flow Chart: Import Documentation Procedures

# 

# 

## D. Duty

The standard rate of duty for most food products is 20% (for example,
rice). Raw materials are levied a duty of 10% (for example, wheat). A
general exemption from payment on the import duty can be granted on
items such as ingredients for the manufacture of poultry feeds if
certified as such by the Ministry of Agriculture. Other taxes follow:

-   Value Added Tax (VAT) is 12.5%

-   National Health Insurance Levy (NHIL) is 2.5% to be collected by the
    VAT Secretariat

-   Export Development and Investment Fund Levy (EDIF) is 0.5% and

-   Inspection fee of 1%

-   ECOWAS Levy 0.5%

-   Ghana Customs Network (GCNET) of 0.4%

## E. Method of Payment

Letters of Credit (LC) are generally accepted as the method used in the
payment of imported goods. The LC can be irrevocable or confirmed. Due
to delays most importers utilize inter-bank wire transfers for the
payment of their imported goods. The exporter simply ships the items to
importer upon receipt of his bank transfer payments. This method has
been helpful in speeding up the process.

To establish an LC a Bank may require a signed proforma invoice
(attested), IDF, pre-shipment notification from the Ghana Shippers
Council, Marine insurance (normally covered in Ghana but not a
precondition) This is a tedious and long process and could take more
than two weeks.

Upon receipt of the bank transfer the cargo is then shipped to Ghana.
The shipment time by sea from the US to Ghana, on the average takes
three weeks. Air transport is about a day.

It is advised that confirmed, irrevocable letters of credit opened by
Ghanaian banks with correspondent banks in the United States be used to
guarantee payment. U.S. exporters may wish to contact the Agricultural
Affairs Office of USDA in Accra for assistance in locating reputable
representatives and/or importers for their products.

# APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS

1\. Mr. Emmanuel Kyeremanteng Agyarkoh

The Chief Executive

Food and Drugs Board

PO Box CT 2783, Cantonment, Accra, Ghana

Tel: 233-21-673090/661248

Fax: 233-21-660389

Email: <fdb@ghana.com>

2\. Mr. Isaac Kwamina Van-Ess

Head of Food Safety Section of Food and Drugs Board

PO Box CT 2783, Accra

Tel:233-21-673090/661248

Fax: 233-21-660389

Email: <fdb@ghana.com>

Cell: 233-21-244-384780

# Appendix II: OTHER IMPORT SPECIALIST CONTACTS

1\. Ali A. Abdi

Agricultural Counselor

Agricultural Affairs Office

American Consulate

2, Walter Carrington Crescent

Victoria Island, Lagos-Nigeria

Telephone: (234) 1 261-3926, 775-0830

Fax: (234) 1 262-9835

E-mail: <aglagos@usda.gov>

## 

2\. Elmasoeur Z. Ashitey

Agricultural Specialist

American Embassy

Agricultural Affairs (USDA/FAS)

24 Fourth Circular Rd., Cantonments, Accra, Ghana

Tel: 233-21-231218

Fax: 233-21-679267

Cell: 233-244-331507

E-mail: <AshiteyEZ@state.gov>

Website: [http://www.fas.usda.gov](http://www.fas.usda.gov/)