Act No. 2014-21 of 7 May 2014 establishing a public industrial and commercial establishment (EPIC) called the National Laboratory for Analysis and Control (LANAC)

EXPOSE REASONS

The Laboratory of the Directorate of Internal Trade was established to respond to the need to monitor and control the quality and safety of products intended for human and animal consumption. To this end, the laboratory carries out analyses on products manufactured in Senegal and imported products in relation to quality and safety standards suitable for consumer protection.

In the current national and international context, marked by the globalisation of trade and the increasing demands of quality, safety and competitiveness of products and services, the need for a high-performance laboratory and Credible, able on the one hand to accompany enterprises in their quality processes and on the other hand to provide the public service of quality control and product safety, is crucial.

However, the current legal status of the laboratory, which corresponds to an administrative service attached to the Director of Internal Trade, does not mobilise the human and financial resources necessary for the efficient operation of the Laboratory and meeting the recalled challenges, above. It is faced with difficulties related to:

Maintenance support;
Maintenance of premises;
Acquisition of reagents, consumables and culture media;
The costs associated with the quality approach.

For all of the above, it has become imperative to review the status of the laboratory by establishing it as an industrial and commercial public institution.
This reform will allow the laboratory to:

Develop financial and managerial autonomy;
Improve the resources generated by benefits
Offered to clients (business, government, etc.);
Continue to benefit from the cooperation of technical and financial partners such as the European Union and the Belgian Cooperation which have helped to provide the laboratory with a modern technical platform;
To benefit from the international recognition of its technical competence to produce reliable and indisputable results through accreditation to international standards, in particular, the ISO-CEI-17025 standard setting the general requirements for The competence of the calibration and testing laboratories.

In addition, the African Economic and Monetary Union (UEMOA), in the implementation of the West Africa Quality Programme, strongly recommended that the member states entrust the conformity assessment activities (analyses, tests, etc.). Certification, inspection, etc. ..) to independent structures with legal personality and financial autonomy.

The purpose of this draft law is thus to authorise the establishment of this public establishment, in accordance with the provisions of Act 90-07 of 26 June 1990 on the organisation, control of undertakings in the public sector and control Private legal persons benefiting from the financial assistance of the public authority.

This is the economy of this Law

The National Assembly adopted at its meeting on Thursday 24 April 2014;
The President of the Republic enacts the following legislation:

Article 1. -authorized the erection of the Laboratory of the Directorate of Internal Trade in the industrial and commercial establishment known as the National Laboratory for Analysis and Control (LANAC).

The National Laboratory for Analysis and Control (LANAC) is governed by the provisions of Act No. 90-07 of 26 June 1990 on the organisation and control of BPS companies and the control of legal persons under private law. Benefiting from the financial assistance of the public authorities.

Art. 2. -The National Laboratory for Analysis and Control has the legal personality of public law, financial authority and management.
It is under the financial supervision of the Ministry of Finance and under the technical supervision of the Ministry of Commerce.

Ar. 3. -The National Laboratory for Analysis and Control (LANAC) is responsible for the official control of the quality of food and non-food products at the production, marketing, import and export stages.

As such, it is responsible for:

To carry out microbiological and physico-chemical analyses within the framework of the official control and self-regulation required by the national rules on hygiene, quality and safety of products, in particular products Food for domestic markets, import, export or re-export;
To respond to any request for scientific or technical expertise in the areas of its competence, in particular food hygiene and food safety of the Ministry of Guardianship or other institutions;
Propose training programs and provide advice;
Support the competent services of customs, agriculture, hydraulics, fisheries and livestock in their mission of official control of product quality;
To contribute to the performance of the national productive sectors by providing a support and technological advice service, in particular by providing advice on quality control of products;
To ensure, at the request of the State, the courts, legal persons under public law or individuals, the operations of expert opinions and analyses of all goods and goods, in accordance with the laws and regulations of the This effect;
To issue technical advice in the development and regulation of quality control, metrology and fraud enforcement.

Art. 4. -The rules of organisation and operation of the National Laboratory for Analysis and Control (LANAC) are fixed by decree.

Art. 5. -The State shall make available to the National Laboratory for Analysis and Control (LANAC) the real property necessary to carry out its mission.

Article 6. -The moveable assets assigned by the State to the former Laboratory of the Directorate of Internal Trade and necessary for the new establishment in order to fulfil the tasks assigned to it are transferred to it without charge. Similarly, the staff of the Laboratory of the Directorate of Internal Trade is transferred to the National Laboratory for Analysis and Control (LANAC).

Art. 7. -All provisions contrary to this Act are repealed.

This Law shall be enforced as the law of the State.

Done at Dakar, May 7, 2014

By the President of the Republic:

Macky SALL.
The Prime Minister,
Aminata TOUR.