Law N ° 2014-21 May 7, 2014

Original Language Title: Loi n°2014-21 du 7 mai 2014

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LAW n ° 2014-21 May 7, 2014 law n ° 2014-21 of May 7, 2014, on the establishment of a public establishment of industrial and commercial nature (EPIC) referred to as the national laboratory for analysis and control (LANAC) explanatory statement the Directorate of domestic trade laboratory was established to respond to the concern of watch and control the quality and safety of products intended for human and animal consumption. To this end, the laboratory performs analyses on products manufactured in Senegal and imported products in relation to standards of quality and safety for the protection of consumers.

In the national and international context current, marked by globalization trade and the increase in the requirements of quality, safety and competitiveness of products and services, the need to establish an efficient and credible, a laboratory part to assist companies in their quality approaches and secondly to ensure public control of quality and product safety service is crucial.

However, the current legal status of the laboratory, which corresponds to an administrative unit attached to the Director of the internal trade, does not allow to mobilize human and financial resources necessary for the efficient operation of the laboratory and the challenges recalled, above. It is indeed facing difficulties related to: support the maintenance;
  maintenance of premises;
  the acquisition of reagents, consumables and media culture;
  the costs of the quality approach.

For all the foregoing, it has become imperative to revise the status of the laboratory, erecting it in public industrial and commercial.
This reform will allow the laboratory: to develop financial autonomy and management;
  improve the resources generated by the services offered to clients (companies, administrations, etc.);
  to continue to benefit from the cooperation of the technical and financial partners such as the European Union and Belgian Cooperation which helped to equip the laboratory of a modern technical platform;
  to benefit from the international recognition of its technical competence to produce reliable and undisputed results through accreditation to international standards including ISO-IEC-17025 standard laying down the General requirements for the competence of testing and calibration laboratories.

On the other hand, the Economic Union and monetary West African (UEMOA), in the implementation of the West Africa quality program strongly recommended the Member States to entrust activities of conformity assessment (analysis, testing, certification, inspection, etc...) to independent structures with personality legal and enjoying financial autonomy.

This draft law has thus designed to authorize the creation of this public institution, in accordance with the provisions of Act 90-07 of 26 June 1990 on the Organization, to the control of the undertakings in the broader public sector and control of legal persons of private receiving financial assistance from the public authorities law.

Such is the economy of the present National Assembly Act adopted in its session of Thursday, April 24, 2014;
The President of the Republic enacts the law whose content follows: Article 1. -Is authorized the erection of the laboratory of the Directorate of internal trade in public industrial and commercial establishment referred to as national laboratory analysis and control (LANAC).

The national laboratory analysis and control (LANAC) is governed by the provisions of Act No. 90-07 of 26 June 1990 on the Organization and control of companies in the broader public sector and control of legal persons of private receiving financial assistance from the public authorities law.

S. 2. - analysis and control national laboratory has legal personality under public law, the financial authority and management.
It is placed under the financial supervision of the Ministry of finance and under the technical supervision of the Ministry of trade.

AR. 3. -The National Laboratory analysis and control (LANAC) mission is to the official control of the quality of food and non-food products at the stages of production, marketing, import and export.

As such, he is responsible include: analysis microbiological and physico-chemical under the official control and self-control required by national regulations on hygiene, quality and safety of products, particularly food products to national markets, import, export or re-export;
  respond to any request for scientific or technical expertise in the areas of its competence, in particular the food hygiene and safety of food of the Ministry of supervision or other institutions;
  to propose training programmes and to support Council;
  to support the relevant departments of the customs, agriculture, hydraulics, fisheries and livestock in their mission of official control of the quality of the products;
  to contribute to the performance of the national productive sectors by providing a service support and technological advice including by assistance in Council on the control of the quality of the products;
  to ensure, at the request of the State, courts, legal persons under public law or special operations expertise and analyses of all products and goods, in accordance with the laws and regulations of the inhabitant therefor;
  to issue a technical opinion on the occasion of the development and regulatory control of quality, metrology and repression of fraud.

S. 4 - the rules of organisation and operation of the national laboratory of analysis and control (LANAC) are fixed by Decree.

S. 5. - the State puts national available to laboratory analysis and control (LANAC) real property necessary for the accomplishment of its mission.

S. 6 - chattels assigned by the State to former laboratory necessary to the new institution and the Direction of the internal trade to fill the missions entrusted him are transferred free of charge. Similarly, staff at the laboratory of the Directorate of domestic trade was transferred to the national laboratory analysis and control (LANAC).

S. 7. - all provisions contrary to this law are hereby repealed.

This Act will be enforced as law of the State.

Made in Dakar, may 7, 2014, by the President of the Republic: Macky SALL.
The Prime Minister, Aminata TOURE.