Regulatory Requirements

Registration and Licensing Requirements for a Cake Business

Navigating the regulatory framework is paramount for establishing a cake business in Nigeria. It involves understanding licensing procedures, complying with health and safety standards, and ensuring that your cake business is rightly positioned to scale. Registration and Licensing Requirements for a Cake Business in Nigeria 1. Registration with the Corporate Affairs Commission (CAC): One of the key registration and licensing requirements for your cake business is registering your business name with CAC. Before you adopt a Business Name or Limited Liability, ensure you understand the tax implications and filing requirements for both before you make a selection. To register a business name in Nigeria, take the following steps: However, the steps are a bit different if you want to register a Limited Liability. These include: Read: Documents for Opening a Corporate Account in Nigeria 2. Food Handlers Test: The food handlers test is designed to ensure that those tasked with handling food do not pose any risk to others. Hence, you are required to conduct a food handlers test for your staff who handle and interface with food, drinks and confectioneries. This test should be done every 6 months with a government approved medical laboratory or hospital and you will be given a certificate for it. The test covers relevant past medical history, physical examination and laboratory examination. 3. National Agency for Food & Drug Administration (NAFDAC) Certification: If you are customising cakes and selling to individuals, you will not be needing NAFDAC certification. If you are packaging cakes to supply to stores, NAFDAC certification becomes necessary. For more information on the processes for getting a NAFDAC registration number for your cake business, download this comprehensive business guide. Also Read: Equipment Required for Starting a Cake Business

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Converting a Business Name to a LTD or PLC?

A lot of people might have wondered if a business name can be converted to an Limited Liability Company (LTD) or Public Limited Company (PLC), possibly for reasons of expansion in the future. The answer is Yes! You can convert a business name to an LTD or a PLC. Converting your business name to a company is like re-registering a new business. Hence, you need to do the following: To read more on converting a to a LTD or PLC, see this Upon completion of the whole process, a Company Certificate is issued by CAC.

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NAFDAC Newly Reviewed Fats, Oil and Food Regulations

In August 2023, the Director General of the National Agency for Food & Drug Administration & Control (NAFDAC), Prof. Adeyeye, gave a formal press briefing to inform the public about the reviewed Fats, Oil and Food containing Fats and Oil Regulation 2022 and Pre-Packaged Food Labelling Regulation 2022, which renders the 2005 versions null and void. NAFDAC reviewed these regulations to meet the World Health Organisation (WHO) standards. In 2018, WHO mandated countries to eliminate industrially-produced Trans fats – Trans Fatty Acid (TFAs) from global food supplies by banning the use of partially hydrogenated oils, that is the source of industrially produced TFAs, in all foods OR setting limits on the amount of industrially produced TFAs produced to not more than 2% of the total fat content in all foods. This is because trans fats have been proven to cause heart disease, stroke, cancer, diabetes, and chronic lung disease, which are collectively responsible for 74% of all deaths worldwide. To comply with WHO’s standards, NAFDAC has taken the following actions: Key Things to Note about the Fats, Oil and Food Containing Fats and Oil Regulation 2022 1. Labelling Limits and Claims for Trans-fats and Cholesterol 2. Offences and Penalties The Fats, Oil and Food Containing Fats and Oil Regulation 2022 contains clear guidelines on the classification, definition and specification of different fats and oil. They include; Peanut Oil, Black Seed Oil, Coconut Oil, Cotton Seed Oil, Maize Oil. Mustard Seed Oil, Olive Oil, Palm Oil, Rapeseed Oil, Safflower Seed Oil, Sesame Seed Oil, Shea Butter, Soyabean Oil, Sunflower Seed Oil, Refined Oil or a Mixture of Refined Oils, Lard, Edible Tallow, Shortening and Margarine. So, if you manufacture, package, import, export, advertise, distribute, display for sale ,offer for sale, sell or use any of these fats and oils, download the Fats, Oil and Food Containing Fats and Oil Regulation 2022 to ensure that your products meet NAFDAC’s standards. Key Things to Note about Pre-Packaged Food Labelling Regulation 2022 1. List of Ingredients 2. Name and Contact Information of Manufacturer and Distributor Download the Pre-Packaged Food Labelling Regulation 2022 for more information on NAFDAC’s guidelines for packaging food in Nigeria.

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The Business Facilitation Act 2023 and Your Employees

In February 2023, President Muhammadu Buhari (GCFR), signed the Business Facilitation (Miscellaneous Provisions) Act, 2023 into law. The Act, which is also known as the “Omnibus Act” is aimed at improving the ease of business in Nigeria, and to further create an enabling environment for micro, small and medium-sized enterprises (MSMEs) to thrive in the country. This Business Facilitation Act amended various clauses in about 21 pieces of legislation. These amendments are intended to eliminate bottlenecks that have hitherto impeded business operations in the country. This piece will focus on two (2) of the amendments which have direct impact on personnel cost and employee benefits: 1. National Housing Fund (NHF) Act: the NHF Act had hitherto made contributions to the National Housing Fund mandatory for all Nigerian workers in both the public and private sectors earning at least N3,000.00 (Three Thousand Naira Only) per month. The Act stipulated a monthly contribution of 2.5% of basic salaries to the Fund. The Omnibus Act has however made the following amendments to the NHF Act: 2. The Industrial Training Fund (ITF) Act: the ITF Act had hitherto required organisations employing a minimum of five (5) employees, and with annual turnover of at least N50m to contribute 1% of their annual payroll to the Industrial Training Fund. Contributing organisations however have the opportunity to receive 50% of their annual contributions as reimbursements, upon fulfilling certain criteria defined by the Fund. The Omnibus Act has now raised the required number of employees to at least 25. Consequently, organisations employing less than 25 persons are now exempted from contributing to the Fund. Also exempted by the Act are employers operating within a Free Trade Zone in the country. In conclusion, while the amendments introduced by the Omnibus Act are well-intentioned, implementation challenges may arise due to the ambiguity of some clauses. There is therefore an urgent need for the Federal Mortgage Bank of Nigeria (operators of the NHF) and the Industrial Training Fund to clarify the following: NHF ITF The exclusion of organisations employing less than 25 persons from annual ITF levies will reduce cost of employment for such companies and clearly validates the objective of the Omnibus Act, which is to lessen the burden/ impediments associated with running businesses in the country. While the NHF is laudable and a relatively affordable route to home ownership, bureaucratic bottlenecks have limited access to the Funds. Private sector employees such as those employed by the MSMEs operating in the country can now exercise the choice to remain in the scheme or withdraw after weighing their options.

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