Animalfeedsbill Eshiwani Final

8/13/2019 Animalfeedsbill Eshiwani Final

1/194

REPUBLIC OF KENYA

MINISTRY OF LIVESTOCK DEVELOPMENT

DEPARTMENT OF LIVESTOCK PRODUCTION

HILL PLAZA P. O. Box 34188,

NAIROBI

DRAFT ANIMAL FEEDSTUFFS BILL 2010

Wit h compliment s of t he Dir ect or of Animal Pr oduct ion

January 11th, 2010


2/194 2

ARRANGEMENT OF SECTIONS

Part I Preliminary

1. Short Title

2. Interpretation

Part II. Administration of the Act

3. Powers and duties of the Minister

4. Powers and duties of the Director

Part III: Registration and Licensing

5. Registration Committee and Registrar

6. Requirement for Registration

7.Application for and issuance of Certificate of registration

8. Cancellation, loss of certificate, Registers, etc.

9. Appeal against rejection of application

10. The Registrar

11. Requirement for Licence

Part IV: Feed Business Operations

12. Obligations of the Feed Business Operator

13. Hygiene at Commercial Level: Equipment

14. Hygiene at commercial level: Facilities

15. Responsibilities of the Farmer

16. Record-keeping

17. Traceability

18. Complaints and Product Recall


3/194 3

Part V: Power to Control Importation of feedstuffs

19. Director to restrict, regulate feed imports, etc.

20. Assistance of other Departments, Secondment of officer, etc.

21. Requirement for Import Permits, etc.

Part VI: Quality Control

22. Setting of feeds standards, etc

23. General obligations of feed business operator on maintenance of quality

24. Maintenance of quality in storage and transportation

25. Maintenance of quality through Sterilization of bone, fish meal, and plantproducts

Part VII- Feed Inspection and Analysis

26. Identification of inspector.

27. Powers and Duties of inspector

28. Presence of police officer required to enter dwelling house

29. Presence of operator during inspection.

30. Obstruction of inspector

31. Seizure and destruction of feeds already in circulation

32. Inspection fees, Secrecy.

33. Analysis of samples, accredited laboratories, etc.

Part VIII: Miscellaneous Provisions

34. Regulation of the GMO feedstuffs

35. Indemnity of Government or its officer

36. Power to make Regulations

37. Sustainable Research


4/194 4

38. Offences generally or by Corporate entities, etc

39. Limitation of action

40. Proceedings, evidence andsupplementary orders on conviction

41. Delegation of Powers

42. Repeal and Savings

SCHEDULES: REGULATIONS

SCHEDULE I

The Animal Feedstuffs Act (Registration and Licensing) Regulations.

SCHEDULE II

The Animal Feedstuffs (Sterilization of Bones or other Feedstuff of Animal Origin)Regulations.

SCHEDULE IIIThe Animal Feedstuffs (Use of GMO Feedstuffs) Regulations.

SCHEDULE IVThe Animal Feedstuffs (Sampling and Analysis of Feedstuffs) Regulations.

SCHEDULE VThe Animal Feedstuffs (Labelling and Packaging of Feedstuffs) Regulations.

SCHEDULE VIThe Animal Feedstuffs (Exempt and Deleterious substances) Regulations.

SCHEDULE VIIThe Animal Feedstuffs (Feeds Approved in Kenya) Regulations.

SCHEDULE VIIIThe Animal Feedstuffs (Feedstuff Standards) Regulations.

Prescribed forms, certificates, etc.


5/194 5

ANIMAL FEEDSTUFFS BILL 2010

Dat e o f Assent :. .

Dat e of Commencement :

A BILL FOR anAct of Parliament to provide for the registration and licensing of

animal feedstuffs, feedstuff operators and certain remedies including GMOs,

sterilising and manufacturing plants; to regulate the importation, supply,

manufacture and the marketing of animal feedstuffs and substances of animal and

plant origin intended for the manufacture of such feedstuffs, inspection of

feedstuffs and plants and to provide for matters incidental to and connected

therewith.

ENACTEDby the Parliament of Kenya as follows:-

Part I. Preliminary

Short Title

1.This Act may be cited as the Animal Feedstuffs Act.

Interpretation

2.In this Act, except where the context otherwise requires-

Actmeans this Act and all regulations thereunder made.


6/194 6

advertisement includes any statement, picture, design or device published in

any news media or public print; or contained in any handbill, circular or other

matter which is distributed to members of the public through the post or brought

to the notice of the public in any other manner whatsoever;

"Analyst" means any person appointed under Section 3 (2) (a) to be an Analyst

for the purpose of this Act;

"animal" means any domestic animal of ruminant or non ruminant species such

as cattle, sheep, goats, camels, donkeys, horses, pigs and rabbits; domestic pets

such as dog, cat and mice; laboratory test rats and mice; pond fish, birds such as

chicken, ducks, gees,, turkeys, pigeons, quails, guinea fowls and ostrich;; any

domesticated wild animal; and any other animal which the Minister may, by

notice in the Gazette, declare to be an animal to which this Act shall apply.

"animal feedstuff" or feedstuffmeans:-

(a) any edible substance or mixture of substances containing amino acids,

antioxidants, carbohydrates, condiments, enzymes, fats, minerals, non protein

nitrogen products, proteins or vitamins, or pelletizing, colouring, foaming or

flavouring agents

(b) substance of animal or plant origin

(c) any stock lick or other edible substance whether or not it possesses medicinal

properties;

(d) edible substance obtained by a process of crushing, mixing, gristing,

cooking, heating, solvent extraction, drying or grinding, or by the addition to or


7/194 7

removal from any such substance of any ingredient; manufactured, sold or

represented which is intended for-

(i) consumption by animals,

(ii) providing the nutritional requirements of animal, or

(iii) the purpose of preventing or correcting nutritional disorders of animal, or

(iv) use in its pure form or in a mixture with other substances;

brand means the impression or representation of any letter, number,

geometrical figure, mark, sign or symbol and includes any combination of such

impressions, letter, number, geometrical figure, mark, sign, symbol or

representation;

compound means the representation of more than one feed ingredient into a

balanced feed mixture either for commercial purposes or for own domestic use;

courtmeans the High Court of Kenya

"Director" means the person who is for the time being Director of Animal

production;

farmer means a person who devotes his attention to farming in Kenya, either

exclusively or together with some profession, business or other occupation.

feed additivemeans any intentionally added ingredient not normally consumed

as feed by itself or on its own, whether or not it has nutritional value, which

affects the characteristics of the feed, nutritional status and the health of the

animal, or the characteristics of products of the animal


8/194 8

feed business means any undertaking, whether for profit or not and whether

public or private, carrying out any operation of production, manufacture,

processing, storage, transport or distribution of feed, including any producer

producing, processing or storing feed for feeding to animals on his own holding

or farm ;

Feed business operator means the persons responsible for ensuring that

the requirements of feeds safety and quality under this Act are met within

feed business under their control.

feedstuff of animal origin means any feed material derived from an animal

carcass or part thereof, including fish in general andRostriniobolaargentea (also

known as dagaa) in particular, and any other animal products such as feathers,

milk, meat, bone meal and ash, blood meal, liver meal, feather meal , hoof and

horn meal, eggshell, dried skimmed milk powder and whey.

feedstuff of plant origin means any feed material derived from crops grown or

naturally occurring, whether obtained locally or imported, for use in form of

whole grain, seed, leaves, husks or pods or any part thereof obtained by the

process of crushing, mixing, gristing, cooking, heating, solvent extraction, drying

or grinding, or by the addition thereto or removal therefrom of any substance of

any ingredient in order to make the ingredient more convenient for feed

processing such ingredients include cereal grains and their milling by-products,

oilseed oil extracts, cakes and meals, leaf meals, seeds from certain acacias,

pulse grains and meals.

feed ingredientmeans a component part or constituent of any combination or

mixture making up a feed, whether or not it has nutritional value in the animal

diet, including feed additives.


9/194 9

GAPmeans Good Animal Feeding Practice

GMPmeans Good Manufacturing Practice

HACCPmeans Hazard Analysis Critical Control Points

"Inspector" means any person appointed by the Minister under section 3 (2) (a) to

be an inspector for the purposes of this Act;

manufacturemeans the processing of animal feedstuffs into a form that

can be offered for sale to the public in accordance with standard specifications

and regulations made under this Act or any other Act;

"Minister" means the Minister for the time being responsible for matters relating

to animal development,

"Nutritionist" means any person appointed as a nutritionist under section 3(2) (a)

of this Act

OIEmeans World Animal Heath Organization

"package" includes a sack, bag, barrel, case or any other container in which

feeds are stored or packed;

Registrar means a person designated to be Registrar by the Director pursuantto section 5(3) (a).

"Sell" includes offer, advertise, keep, expose, transmit, convey, deliver or

prepare for sale or exchange, dispose of for any consideration whatsoever, or

transmit, have in possession for sale and distribute; convey or deliver in

pursuance of a sale, exchange or disposal as aforesaid.


10/194 10

Sterilizing plantmeans a plant used for the sterilizing of bones, fish or other

substances derived from an animal carcass.

WTO means the World Trade Organization

Part II. Administration of the Act

Powers and duties of the Minister

3(1). The Minister shall be responsible for the enforcement of this Act and shall,

in that capacity, exercise all powers and perform all duties conferred upon him

by this Act and he may, pursuant to section 41, delegate some of the powers

and functions to the Director, any other officer or person as is thereunder

permitted.

(2) Without prejudice to the generality of the provisions of subsection (1),

acting upon the recommendation of the Director, the Minister shall

(a) in accordance with Government regulations, appoint qualified persons,

whether by name or by title of office, to be inspectors, analysts, nutritionist or

any other staff that may be required for the implementation of this Act, equip

and empower them and facilitate their training from time to time to enable

them attain levels of professionalism sufficient for efficient performance of

their duties under the Act;

(b) ensure that:-

(i) any person appointed inspector or nutritionist under this Act has,

among other requirements, attained basic university degree in

agriculture or animal science with bias in animal nutrition;


11/194 11

(ii) in the case of an Analyst, he is in possession of a relevant

certificate in laboratory technology and, without prejudice to the

provisions of this sub- paragraph, such person may readily be sources

from Universities, Government Chemist , Kenya Bureau of Standards or

accredited private laboratories;

(iii) the inspector or Analyst undergoes continuous professional training

in his respective field to make him more proficient in the performance

of his duties under this Act;

(iv) prior to the commencement of their respective duties under this

Act, they have undergone induction course in laid down procedures in

sample taking, modus operandi of the inspection process itself

including a facilitatory and not a prohibitive engagement with feed

business operators, analysis and any other matter as the Minister may

deem fit.

(c) put together such administrative structures and arrangements involving

stakeholders and key players from the private sector of the economy for a

synergized and coordinated enforcement of this Act, the primary goal of such

structures and arrangements being to secure a self regulatory role for the

private sector in the that will ensure a successful application of the HACCP,

GMP and GAP in the feeds industry;

(d) develop guidelines from time to time on how best practices required by

international oversight agencies such as OIE, and WTO are applied in the feeds

business

(e) take such measures that may be taken from time to time under this Act to

engage and work with stakeholders organisations in such areas like poultry,


12/194 12

dairy and camel obtaining in the country for the successful application of this

Act.

(f) take such actions that will enhance quality in the production, handling and

utilization of feedstuffs and the upholding of competencies of institutions

involved in the feeds business ranging from primary feed production toextension.

(g) do any other thing he is authorized to do under this Act.

(3) For purposes of subsection (2)(e), the Minister may from time to time

indicate in a schedule to this Act, the stakeholders organisations he wishes to

engage or work with and may amend such schedule as circumstances may

warrant.

Powers and duties of the Director

4(1). Subject to the authority and powers of the Minister, the Director shall be

immediately accountable to the Minister for the application and enforcement of

this Act and shall in that capacity exercise all powers and perform all functions

conferred upon him by this Act.

(2)(a) Without prejudice to the generality of the provisions of subsection (1) and

notwithstanding the provisions of any law to the contrary, the Director shall, in

consultation or conjunction with any organ of the Government designated as an

international reference or inquiry point, be the competent authority for allmatters of the Act dealing or having to do with general international transacting

in animal feeds or regulation thereof by international oversight agencies.

(b) Pursuant to paragraph (a), the Director may set up and direct an operational

unit that will perform the duties of a competent authority and shall ensure that

persons serving under the unit are professionally qualified and empowered.


13/194 13

(3)Pursuant to the provisions of subsection (1), the Director shall-

(a) form such committees, task forces or operational units by whatever name

called whether permanent or ad hoc,and may assign duties to such committees,

task forces or operational units as circumstances may warrant, for thesuccessful implementation of this Act.

(b) regulate the operations and activities of any person who is in any way

involved in feedstuffs business

(c) in accordance with the provisions of this Act, monitor and regulate the use

of GMOs, biotechnology products such as probiotics and additives such as growth

promoters, bioplexed minerals and antimicrobial agents.

(d) in consultation with the Kenya Bureau of Standards, set standard

specifications for all feedstuffs and for any other matters on which standard-

setting is required under this Act.

(e) provide guidelines on the promotion, identification, inventorization,

management and use of available forage resources, and the production of

improved forages and pasture planting materials.

(f) in collaboration with relevant stakeholders, promote the use of high fibre

agro-residues and strengthen technical support services or their utilization

through appropriate capacity building.

(g) develop a database for the forages, which database shall include nutritional

composition, and in collaboration with stakeholders to enable him promote

appropriate methods of using various forages.


14/194 14

(h) in collaboration with relevant stakeholders, develop standards of all

feedstuffs, or by-products thereof, imports as raw materials for use in feed

formulation and compounding.

(i) set standards and guidelines for non-conventional feedstuffs on which

animals may be fed.

(j) promote use of appropriate feed additives, investment in local production of

feed additives

(k) strengthen technical skills on forage production, conservation and utilization

to ensure its availability for animal feeding at all times of the year in and in

that respect establish and maintain a strategic animal feeds reserve.

(l) initiate, support, or collaborate in research on pastures, fodders,

concentrate feed ingredients, and other types or forms of feedstuffs and in

particular initiate, support or collaborate in research in the fields of range and

pasture rehabilitation methods, rangeland soil conservation and the

management practices thereof.

(m) promote the use of biotechnology in animal feeds industry for purposes of

improving animal production and productivity and in collaboration with

stakeholders, create public awareness on feed biotechnology.

(n) develop, utilize and maintain reliable water sources for animal production

and, in particular, work with existing community based committees to protectwater catchments areas as well as supporting the construction and maintenance

of water sources in the pastoral and agro-pastoral areas.

(o) form, support and strengthen water users associations and committees, by

whatever name called, and also promote the use of appropriate water

harvesting technologies.


15/194 15

(p) in collaboration with relevant stakeholders, promote integration of bio-gas

production within the animal chain and in particular at farm level for purposes

of boosting national energy resources.

(q) endeavour to put in place mechanisms for dealing with natural disasters and,in particular, devise programmes for drought preparedness and early warning

systems for the purposes of this Act.

(r) to take and enforce such measures as he may consider appropriate for the

purposes of ensuring environment and animal resource harmony through optimal

animal carrying capacity.

(s) require animal farmers to apply measures that will ensure animal welfare,

which measures may include feeding as is provided for under section 15(g),

housing and spraying.

(t) do any other thing he is permitted to do under this Act.

Part III: Registration and Licensing

Registration Committee and Registrar

5(1) Pursuant to the provisions of paragraph (a) of section 4(3), and in

consultation with the Minister, the Director may establish a committee or any

such entity whose duty shall be to deal with and advise the Director on all

matters requiring registration and licensing under this Act.

(2) The Director shall determine the membership of the committee or entity and

the procedure of conducting its business.


16/194 16

(3) The Director shall designate the officer in his Department who, for the time

being, is in charge of all matters relating to animal feedstuffs, to act as-

(a) Registrar for all matters requiring registration under this Act; as well as

(b) the Chairman of the Registration Committee established under subsection(1); and

in these two capacities the officer so designated shall be accountable to the

Director in the performance of his duties.

(4) The Registrar shall sign and issue all registration certificates and licenses

required to be issued under this Act and shall open and maintain such number of

registers as may be required for the purposes of this Act.

Requirement for Registration

6(1) No person, whether a business operator or otherwise, may handle any

feedstuff by way of engaging in any operation of production, manufacture,

processing, storage, transport or distribution unless he has been validly

registered under this section and has obtained a registration certificate therefor

(2) In addition to the registration required under subsection (1), no person shall

sell, handle, produce, manufacture, process, store, transport, distribute or use

any feedstuff unless the feedstuff has been validly registered under this

subsection and a valid certificate issued therefor; and

(3) No person shall operate any feed manufacturing plant or machinery unless

the plant or machinery has been registered under this section as such.


17/194 17

Application for and issuance of Certificate of registration

7(1)Application for any registration required under sections 6 shall be in a form

and format prescribed by the Minister for that purpose.

(2) The application shall be addressed to the Director and may be submitted

on-line, by post or in person at a physical address specified by the Director.

(3) Upon receipt of the application, the Director shall, within 30 days from the

date of receiving the application:

(a) issue the certificate applied for if the application satisfies all the

requirements of this Act; or

(b) reject the application and decline to issue the certificate.

(4) If the Director rejects the application he shall, in writing, furnish the applicant

with reasons for the rejection.

(5) Every certificate issued under subsection (3) (a) shall be in a prescribed

Form, bear a serial number, be signed by the Director or his authorised agent

and bear official stamp of the issuing officer; and the license may be issued

subject to such terms and conditions as circumstances may warrant so long as

those terms and conditions are stated on the certificate.

Cancellation, loss of certificate, Registers, etc.

8 (1) A certificate of registration issued under section 7(3) (a) shall remain valid

unless it is-


18/194 18

(a) revoked or otherwise terminated by the Director for any of the reasons set

forth in this section, which reason he shall furnish to the certificate holder in

writing at the time of revocation or termination; or

(b) surrendered by the business operator himself for whatever reason.

(2) (a) A lost, destroyed, defaced or otherwise mutilated certificate which is

still valid may be replaced by the issuance of another one upon satisfactory

proof, by the holder thereof or his agent, of loss, destruction, defacement or

mutilation;

(b)There shall be payment of such fee for first issuance and for replacement of

a certificate as the Director may determine;

(c) a replaced certificate shall be marked on its face REPLACEMENT and no

more than one replacement is permitted;

(d) Every certificate or a replacement thereof issued under this Part shall

remain the property of the Government and shall in no way be transferable;

reason wherefore the certificate shall be surrendered to the Director when

revoked, suspended or affected by circumstances of subsection (1) (b).

(3) A holder of a certificate who, for any reason, intends to-

(a) withdraw from the activity for which the certificate was issued; or

(b) relocate to a place or site different from where he was registered; or

(c) alters his business premises; or

(d) temporarily cease to operate; or

(e) decides to deal in feeds different from those for which he was registered

and for which safety and efficacy data have not previously been approved by

the Director; or decides to-


19/194 19

(f) distribute products exempt under this Act, or

(g) change ownership of the feed business; or

(h) decides to change the business or his personal name

heshall give written notice to the Director to that effect within 30 days from

the date of so intending or deciding and shall consequent thereupon surrender

to the Director his certificate and the unexpired licence which he currently

holds and both the certificate and unexpired licence shall be cancelled

forthwith.

(4) If any person who had taken any of the steps under subsection (3) wants to

resume feed business operations, he shall apply for a fresh certificate in

accordance with the provisions of section 7.

(5) The Director may revoke or cancel registration and the certificate issued

therefor under section 7(3) if he is satisfied that-

(a) the business operator or his agent has failed to comply with any of theconditions on which the issuance of the certificate was subject, or that he

secured the registration of any feedstuff or his plant fraudulently or corruptly; or

(b) any feedstuff or plant registered in the name of the operator no longer

complies with any requirements of this Act or any other written law; or

(c) any sterilising plant registered under this Act does not sterilise bones or other

substances derived from animal carcass effectively or at all; or

(d) it is contrary to public policy and or national interest that a registered

feedstuff or plant should remain registered; or


20/194 20

(e) the operator has been in the past or he is presently in breach of ethical

conduct relating to any business, or

(f) the business operator has voluntarily surrendered a certificate of

registration under section 8(3).

(6) Any business operator who violates any of the provisions of sections 7 and 8

commits an offence and shall, on conviction, be liable to a fine not exceeding

one hundred thousand Kenya shillings or to imprisonment not exceeding six

months.

Appeal against rejection of application

9(1) Any person aggrieved by the decision of the Director to-

(a)reject his application for registration or replacement of a registrationcertificate; or

(b) issue a registration certificate subject to conditions; or(c)revoke, suspend or cancel a certificate

may, in person or by an advocate, make a written appeal to the Minister within

21 days of the date of notification of the Directors decision and the Minister

shall take and communicate his decision on the matter, in writing, to the

appellant within 30 days of receiving the appeal; and if the appellant is

aggrieved by the decision of the Minister, he may make further appeal to the

court whose decision shall be final.

(2) If the Minister upholds the appeal he-

(i) may make the award conditional or otherwise as circumstances may dictate;

and


21/194 21

(ii) shall, as soon as is practicable, instruct the Director in writing to

expeditiously give to the appellant the remedy sought and to keep a record of

the same;

(iii) may exercise his discretion whether or not to award costs of the appeal.

The Registrar

10(1)Pursuant to the provisions of subsection 5(3), the Registrar shall maintain

the following registers-

(a)a register of feed business operators;(b) a register of all registered feedstuffs and plants whether sterilizing orotherwise; and

(c) any other register which the Director may require.

(2) The registrar shall enter into any register, as the case may be-

(a)the names and addresses of all business operators and firms registeredunder this Part,

(b) particulars of sterilising plants and feedstuffs registered under this Part;

and

(c) such other particulars as the Director may require.

(3) The Registrar may make clerical corrections apparent in the register, but

shall not make corrections of a substantive nature without the sanction of the

Committee on behalf of the Director.

(4) Any register maintained pursuant to the provisions of subsection (1) shall be

open to inspection by any interested person for official or legitimate purposes

only for which reason the register shall at all times during working hours, be


22/194 22

open to inspection in an accessible place by any person and such person may, at

his own cost, take notes therefrom or photocopy the whole or part thereof.

(5) Where a person other than an officer of the Government makes notes from

or photocopies a register as is permitted under subsection (4), the person shall

pay to the Director such an amount of inspection fee as the Director maydetermine from time to time and the fee charged shall take into account any

mutilation, defacement or mishandling of the register by the person inspecting,

as the case may be.

Requirement for Licence

11(1)Every person required to be registered under section 6 shall in addition to

the registration certificate obtain a valid licence before commencing any feeds

business operations.

(2) A licence issued under subsection (1) shall be renewable after every twelve

months.

(3) The provisions of sections 6(2), 7 and 8 shall, mutatis mutandis,apply tolicences issued under this section.

(4) Any person who operates a feedstuff business contrary to any of the

provisions of this Part, and for the avoidance of any doubt, operates a feedstuff

business without a registration certificate or licence as is required under this

Part, or uses a false document purporting to be a registration certificate or

licence, or obtains a registration certificate or licence by fraudulent means or in

any other way violates the provisions of this Part, commits an offence and shall,

on conviction, be liable to a fine not exceeding two hundred thousand shillings

or to imprisonment for a period not exceeding six months or to both fine and

imprisonment.


23/194 23

Part IV: Feed Business Operations

Obligations of the Feed Business Operator

12 (1) To maintain hygiene at the primary production level, it shall be the

responsibility of everyfeed business operator at that level of production to-

(a) ensure that operations are managed and carried out in such a way as to

prevent, eliminate or minimize hazards with the potential to compromise feed

safety.

(b) as far as possible, ensure that primary products produced, prepared,

cleaned, packed, stored and transported under their responsibility are

protected against contamination and spoilage.

(c) meet the obligations set out in points (a) and (b) by complying with

appropriate HACCP and other hazard control guidelines issued by the Director

from time to time pursuant to this Act, or by any other enforcement authority

under laws relating but not limited to the protection of the environment, public

health and plant-

(i) take appropriate measures to control hazardous contamination such as those

arising from the air, soil, water, fertilizers, plant protection products, biocides,

veterinary medicinal products, mad cow disease or Bovine Spongiform

Encephalopathy (BSE), avian flu, disease causing infectious agents like

salmonella, industrial contaminants, heavy metals, Mycotoxins, dioxins,

pesticides, growth promoters and veterinary drugs, and the handling and

disposal of waste,


24/194 24

(ii) take further measures relating to plant health, animal health and the

environment that have implications for feed safety, including programmes for

the monitoring and control of zoonoses.

(2) Where appropriate and in the furtherance of hygiene, feed business

operators shall take adequate measures, in particular, to-

(a) keep clean and, where necessary after cleaning, disinfect in an appropriate

manner, facilities, equipment, containers, crates and vehicles used for

producing, preparing, grading, packing, storing and transporting feed;

(b) ensure, where necessary, hygienic production, transport and storage

conditions for, and the cleanliness of, feed;

(c) use clean water whenever necessary to prevent hazardous contamination;

(d) prevent, as far as possible, animals and pests from causing hazardouscontamination;

(e) store and handle wastes and hazardous substances, separately and securely,

so as to prevent hazardous contamination;

(f) ensure that packaging materials are not a source of hazardous contaminationof feed;

(g) take account of the results of any relevant analyses carried out on samples

taken from primary products or other samples relevant to feed safety.

Hygiene at Commercial Level: Equipment

13. To maintain hygiene at commercial level, the operator shall ensure that-

(a) feed processing and storage facilities, equipment, containers, crates,

vehicles and their immediate surroundings are kept clean, and effective pest

control programmes are implemented;


25/194 25

(b) the lay-out, design, construction and size of the facilities and equipment -

(a) permit adequate cleaning and/or disinfection;

(b)are capable of minimizing the risk of error, avoiding contamination, cross-

contamination and any adverse effects generally on the safety and quality ofthe products and any machinery coming into contact with feed are immediately

dried following any wet cleaning process;

(c) facilities and equipment to be used for mixing and/or manufacturing

operations-

(i) undergo appropriate and regular checks in accordance with written

procedures pre-established by the manufacturer for the products;

(ii) are, in the case of all scales and metering devices used in the manufacture

of feeds, appropriate for the range of weights or volumes to be measured and

are tested for accuracy regularly;

(iii) are, in regard with all mixers used in the manufacture of feeds, appropriate

for the range of weights or volumes being mixed, and are capable of

manufacturing suitable homogeneous mixtures and homogeneous dilutions and

their effectiveness is regularly demonstrated to the satisfaction of the

inspector, including the effectiveness of mixers with regard to homogeneity.

Hygiene at commercial level: Facilities

14. It shall also be the responsibility of the feed business operator to ensure

that-

(a)facilities or premises in which business is carried on have adequatenatural and/or artificial lighting.


26/194 26

(b)drainage facilities are adequate for the purpose intended and they aredesigned and constructed to avoid the risk of contamination of

feedstuffs.

(c)water used in feed manufacture is of suitable quality for animals and thatthe conduits for water are of an inert nature.

(d)sewage, waste and rainwater are disposed of in a manner which ensuresthat equipment , the safety and quality of feed is not affected and

further that Spoilage and dust are controlled to prevent pest invasion.

(e)windows and other openings are, where necessary, proofed against pests;doors are close-fitting and proofed against pests when closed; and

(f) Where necessary, ceilings and overhead fixtures are designed,constructed and finished to prevent the accumulation of dirt and to

reduce condensation, the growth of undesirable moulds and the shedding

of particles that can affect the safety and quality of feed.

Responsibilities of the Farmer

15. It shall be the responsibility of a farmer-

(a) to exercise care and vigilance in the selection of feeds for his animals

whether he is producing the feeds himself or sourcing them from the openmarket in pursuance of good feeding practices.

(b) consult an extension officer nearest to him on any matter concerning the

selection and use of feedstuffs more so in circumstances where he is suspicious

of the safety of any feedstuff.


27/194 27

(c) where possible, work with or through an organization of farmers having

interests similar to his for achievement of common goals on but not limited to

securing safe and cost efficient feeds for their animals.

(d) Avoid feeding his animals on feeds sold by the road side or any such unsafe

places.

(e) report to an extension, administration, police or environmental officer

nearest to him any suspicious matter, activity or circumstances likely to affect

or actually affecting the hygiene and safety of feedstuffs.

(f) enforce any measures or directives that may be given to him from time to

time by the Director on the safety of animal feedstuffs, and similarly adhere to

any advice given by any association or organisation in the country representing

feed business operators.

(g) apply Good Feeding Practices which may include-

(i) proper use of the feed whilst minimizing biological, chemical and

physical risk to consumers

(ii) use of water of suitable quality

(iii) grazing in a manner that minimizes the risk of contamination of feed

where agri- chemicals are used,

(iv) observing withholding periods

( v) giving the correct feed to the correct animals

(vi) minimizing contamination during feeding


28/194 28

(vii) identifying animals receiving medicated feed and observingwithholding periods in connection therewith

(viii) cleaning vehicles and equipment immediately after being used formedicated feed.

Record-keeping

16(1) Every feed business operators shall keep records relating to measures put

in place to control hazards, in an appropriate manner and for an appropriate

period, commensurate with the nature and size of the feed business and he

shall avail this information to an inspector nearest to him and upon receipt of

the records the inspector shall peruse and verify the information thereincontained and may take appropriate action thereon in the furtherance of this

Act.

(2) The operator shall, in particular, keep records on:

(a) any use of plant protection products and biocides;

(b) use of genetically modified seeds;

(c) any occurrence of pests or diseases that may affect the safety of primary

products;

(d) the results of any analyses carried out on samples taken from primary

products or other samples taken for diagnostic purposes that have importance

for feed safety;

(e) the source and quantity of each input of feed and the destination and

quantity for each output of feed.


29/194 29

(f) except the operator who acts solely as a dealer without ever holding the

product in his facilities, a register:

(i) in which he shall keep documentation relating to the manufacturingprocess;

(ii) containing a system of documentation designed to define and ensuremastery of the critical points in the manufacturing process and to

establish and implement a quality control plan.

(iii) the results of the relevant controls for purposes of making it possible totrace the manufacturing history of each batch of products put into

circulation and to establish responsibility if and when an complaints

arise

(iv) of relevant data, comprising details of purchase, production and salesfor effective tracing from receipt to delivery, including export to the

final destination.

(g) and any other record the Director may require

(3) Other persons such as veterinarians, agronomists and farm technicians, may

assist the feed business operator with the keeping of records relevant to the

activities they carry out on the farm.

Traceability

17(1) Every operator shall take such steps as the Director may require from

time to time in securing and enforcement of traceability along the entire food

chain from farm to consumer and shall in that regard collect all necessary food

chain information and documentation that will assist in the exercise of

traceability.


30/194 30

(2) In particular, the operator shall keep the following documents for purposes

of traceability-

(a)for feed additives, a document showing:

(i) the nature and quantity of the additives produced, the respective dates of

manufacture and, where appropriate, the number of the batch or of the specific

portion of production, in the case of continuous manufacture,

(ii) The name and address of the establishment to which the additives were

delivered, the nature and quantity of the additives delivered and, where

appropriate, the number of the batch or of the specific portion of production, in

the case of continuous manufacture;

(b) f o r p remix t u res:

(i) the name and address of the manufacturers or suppliers of additives, the

nature and quantity of the additives used and, where appropriate, the number

of the batch or of the specific portion of production, in the case of continuous

manufacture,

(ii) the date of manufacture of the premixture and the batch number where

appropriate,

(iii) the name and address of the establishment to which the premixture is

delivered, the delivery date, the nature and quantity of the premixture

delivered, and the batch number where appropriate.

(c) fo r compound f eedst u f f s or f eed mat er ia ls :


31/194 31

(i) the name and address of additive/premixture manufacturers or suppliers, the

nature and quantity of the premixture used, with the batch number where

appropriate,

(ii) the name and address of the suppliers of the feed materials and

complementary feeds and the delivery date,

(iii) the type, quantity and formulation of the compound feed,

(iv) the nature and quantity of feed materials or compound feedstuffs

manufactured, together with the date of manufacture, and the name and

address of the buyer, mentioning specifically whether the buyer was a farmer or

another feed business operator.

Complaints and Product Recall

18(1) Every feed business operator shall put in place and implement a system

for registering and processing complaints concerning his feedstuffs or any other

matters related thereto.

(2) In addition, the operator shall:

(a)put in place a system for the prompt recall of products in the distributionnetwork,

(b)define, by means of written procedures, the destination of any recalledproducts, and

(c)subject the recalled feedstuffs to quality-control in an accreditedlaboratory for purposes of correcting whatever was wrong before putting

the products back into circulation and shall obtain from an Analyst a


32/194 32

certificate of assurance stating, inter alia,that the recalled products have

now been rendered safe for animal consumption.

(3)(a) Any feedstuff business operator who has recalled any product shall as

soon as is practicable following the recall inform the Director in writing aboutthe recall and shall furnish such other information about the recall as the

director may require;

(b) The occurrence of a recall shall, among other things, be stated by an

operator concerned in his application for the renewal of license pursuant to the

provisions of section 11(2).

(c) As soon as the Director receives information about a recall, he shall take

such appropriate measures as circumstances may warrant-

(i) to ensure that the operator remedies the circumstances that necessitated

a recall to the full satisfaction of the inspector nearest to him and a report of

the measures taken by the operator is submitted by the inspector to the

Director without undue delay,

(ii) if the operator is a member of any association or organization

representing feeds business operators, to instruct the association or

organization to monitor the operator and compel him to uphold at all times

the feeds safety standards established under this Act, and

(iii) if a recall of his feedstuffs is necessitated again in circumstances that

suggest a default on his part, to recommend to the association or

organization to consider deregistering him from the association or

organization and, if not deregistered in circumstances which indicate that he

ought to have been, the Director shall proceed to cancel his registration,

that of his plant as well as his license.


33/194 33

(4) Any business operator, including a farmer, who in any way violates the

provisions of this Part commits an offence and shall be liable, on conviction, to

a fine not exceeding three hundred thousand shillings or to imprisonment not

exceeding twelve moths or to both fine and imprisonment.

Part V: Power to Control Importation of feedstuffs

Director to restrict, regulate feed imports, etc.

19(1)In consultation with the Minister, the Director may by order published in

the Gazette prohibit, restrict or regulate the importation of any feedstuff or

part thereof, or feedstuff of any class or description, if its importation is likely

to endanger animals that may feed on it.

(2) An order made under subsection (1) may-

(a) direct or require the importing feed business operator to first obtain from a

competent authority in the exporting country a certificate of assurance as to

the safety and wholesomeness of the feedstuff before importation of the

feedstuff;

(b) authorize the inspector to detain the feedstuff if it is already in the country

in any place and for any specified time and prescribe precautions to be taken

during such detention; or

(c) under competent supervision if circumstances demand, authorize the

inspector to destroy such illegally imported feedstuff without compensation to

the importing business operator; and


34/194 34

(d) direct the inspector to take any other appropriate action concerning the

feedstuff as well as the investigation of the importing operator for any possible

legal action against him under this Act or any other law.

Assistance of other Departments, Secondment of officer, etc.

20(1) For effective implementation of orders made under section 19, the

Director, in consultation with the Minister, may from time to time and by

whatever method he deems appropriate, secure the assistance of the customs

Department, Kenya Airports Authority, the Post Office, Kenya Railways

Corporation, Kenya Police, the Kenya Navy, all shipping and airlines operating in

Kenya and ay person or institution, in order to ensure that-

(a)their facilities are not used to import feedstuffs into Kenya contrary tothe provisions of this Act,

(b) as soon as circumstances permit, they alert the Director of any case ofimportation of feedstuff coming through their facilities, or

(c)for those whose facilities are usually used for importation of feedstuff,they ensure that no threat to animal feed is caused when animal waste is

being disposed of from their operations arriving in Kenya.

(2) In addition to the assistance secured under subsection (1), the Director, withthe permission of the person for the time being in charge of the Customs

Department, Kenya Airports Authority and Kenya Ports Authority, place or

second an inspector appointed pursuant to this Act to work under or with

relevant officers of the Department or authority, as the case may be, to

perform the following duties for the Director, that is to say, to-


35/194 35

(a) check on both equipment being imported to be used in the processing offeedstuffs as well as the feeds themselves,

(b) check on prohibited feed imports and any other illegally importedfeeds and to detain them for appropriate action under section 19(2) (b),

(c) undertake surveillance on feeds in transit to ensure that they go acrossthe border into the country of destination and are not in any way

diverted back; and if diverted, detain them for destruction under

section 19(2) (c),

(d) Undertake surveillance of feeds in transhipment for the reason statedunder paragraph (c).

(e) prevent smuggling of feeds across national borders into Kenya.

(f) working with a customs officer, search warehouses for feed contraband,seize and detain at any port of entry into Kenya any illegally imported

feed.

(3)(a) An inspection officer who has detained an illegally imported feedstuff

pursuant to subsection (2) (f) may, if he considers it necessary, take and test

samples from the feed for purposes of record before it is destroyed.

(b) No person shall remove or, in any way, relocate a detained feedstuff without

the written authority of the inspector who made or caused the detention.

(c) Before any illegally imported feed is destroyed pursuant to section 19(2)(c)

the Director, in consultation with the Minister, may direct the business operator

to remove from Kenya the feedstuff in question within a specified period of

time and subject to such other terms as he may determine and the operator

shall strictly comply with the directive.


36/194 36

Requirement for Import Permits, etc.

21(1). Without prejudice to the provisions of sections 19 and 20, no person shall

import any feedstuff unless he has first obtained the necessary-

(a) import permit or a letter of no objection from the Director; and

(b) a certificate of purity of the feedstuff being imported from a competent

authority in the exporting country; and

(c) in the case of the importation of feedstuffs that require sterilization before

feeding to animals under this Act, a certificate of sterilization from a competent

authority in the exporting country; and

(d) SPS certification from a competent authority in the exporting country.

(2) For the avoidance of any doubt, documents required under subsection (1) (b),

(c) and (d) shall accompany the application of a feeds business operator to the

Director for a permit or letter of no objection to import as is required by

paragraph (a) of subsection (1), and such documents shall be complete and

regular on their face, dully signed and stamped by the competent authority of the

exporting country.

(3) (a) It shall be an offence to import any feedstuff without the documentation

and certifications required under this section, or to knowingly use documents orcertifications that are false or misleading in any material particular; or without

reasonable excuse, contravene or disobey any lawful order given under this

Part.

(b) Any person who commits or abates the commission of an offence specified

under paragraph (a) or violates any of the provisions of this Part shall, on


37/194 37

conviction, be liable to a fine not exceeding three hundred thousand shillings or

to imprisonment for a period not exceeding twelve months and, in the case of a

business operator registered and licensed under this Act, his registration and

license certificates shall be cancelled.

Part VI: Quality Control

Setting of feeds standards, etc

22(1) In collaboration with the Kenya Bureau of Standards the Director shall,

from time to time, set and review standards applicable to feeds and shall

strictly enforce such standards to ensure quality of the feeds used in Kenya.

(2)(a) Pursuant to subsection (1), the Director shall establish a committee to be

known as a Feeds Standardization Committee whose primary purpose shall be to

advise the Director on the setting and review of all standards set under

subsection (1) and, together with inspectors and Analysts appointed under this

Act, assist the Director in the enforcement of feeds quality requirements set

forth in this Part and any other law.

(b) The Director shall determine the membership of the Committee, the

procedures of conducting its business and all matters connected therewith.

General obligations of feed business operator on maintenance of quality

23. Every feed business operator shall, where appropriate, ensure that he-

(a) designates, on such terms of service as he can afford, one person who is a

qualified animal nutritionist to be responsible for matters of quality control in

his feed business operations.


38/194 38

(b) has, as part of a quality control system, access to an accredited laboratory

with adequate staff and equipment.

(c) has a quality control plan drawn up in writing and implemented and that

such a plan includes, in particular, checks on the critical points in themanufacturing process, sampling procedures and frequencies, methods of

analysis and their frequency, compliance with the specifications and the

destination in the event of non-compliance from processed materials to final

products.

(d) keeps documentation relating to the raw materials used in final feed

products in order to ensure traceability and such documentation must be

availed to the inspector on demand for scrutiny for such period of time as

circumstances may dictate so long as the period is not unreasonably long, in the

circumstances, as to inconvenience the operators operations.

(e) takes samples of ingredients and of each batch of products manufactured

and placed on the market or of each specific portion of production, in the caseof continuous production, in sufficient quantity using a pre-established

procedure and be retained, in order to ensure traceability on a regular basis, in

the case of manufacture solely for the operators own needs.

(f) keeps the samples sealed and labelled for easy identification, ensures that

they are stored under conditions which prevent any abnormal change in the

composition of the samples or any adulteration and readily avails them to the

inspector for inspection for a period appropriate to the use for which the feed is

placed on the market.

(g) in the case of feedstuffs for animals not kept for food production, he only

keeps samples of the finished product,


39/194 39

(h) ensure that there are no deleterious substances in the feedstuffs he uses or

sale.

Maintenance of quality in storage and transportation

24(1) Processed feeds shall be separated from unprocessed feed materials andadditives in order to avoid any cross-contamination of the processed feed and

proper packaging materials shall be used.

(2) Feeds shall be stored and transported-

(a)in suitable containers and shall be stored in places designed, adapted andmaintained in order to ensure good storage conditions to which only

persons authorized by the feed business operator have access,

(b)in such a way as to be easily identifiable, in order to avoid any confusionor cross- contamination and to prevent deterioration.

(3) Containers and equipment used for the transport, storage, conveying,

handling and weighing of feed shall be kept clean, cleaning programmes shall be

implemented and traces of detergents and disinfectants shall be minimized.

(4) Any spoilage shall be minimised and kept under control to reduce pest

invasion and, where appropriate, temperatures shall be kept as low as possible

to avoid condensation and spoilage.

Maintenance of quality through Sterilization of bone, fish meal, and plant

products

25 (1) No person shall manufacture, sell, advertise, use, distribute or in any way

deal with any animal feedstuff containing bone, fishmeal or any other substance

derived from an animal carcass or plant origin unless such bone, fish meal or


40/194 40

substance has first been sterilized in accordance with the procedure prescribed by

the Regulations, or import such feedstuff contrary to the provisions of Part V of

this Act or regulations made thereunder.

(2) Any person who contravenes any of the provisions of this section shall be guilty

of an offence and shall be liable to a fine not exceeding one hundred thousandshillings or to imprisonment not exceeding six months.

Part VII- Feed Inspection and Analysis

Identification of inspector, etc.

26(1) Every inspector appointed under this Act shall be issued with a photo

identity card duly stamped by the Minister or his authorised agent for purposes

of officially identifying himself as is required under this section.

(2) The inspector shall carry his identity card every time he is performing his

duties under this Act and shall produce it upon entering any feed business place

for inspection if required so to do by the person in charge of that place.

(3) The inspector shall ensure that the card is-

(a)at all times under lock and key when not in use to avoid it falling intowrong hands;

(b)legible and clear for proper identification and when lost, defaced ordestroyed, it is replaced immediately; and

(c)immediately returned to the Minister or his authorized agent upon ceasingto be inspector.


41/194 41

(4)(a) No person, while still holding appointment of inspector under this Act, shall

engage in any feed business or any business connected therewith.

(b) The Minister shall take such appropriate action as he shall deem fit against an

inspector who violates the provisions of paragraph (a).

Powers and Duties of inspector

27(1) Aninspector may at any reasonable times-

(a) enter and inspect any premises, place or vehicle where or in which, as the

case may be, he reasonably suspects or knows that feed business is being

carried out;

(b) inspect any feedstuff, sterilizing plant or other machinery used in the

manufacture if feedstuff, visit all parts of the premises or place and open any

vehicle or package or container found there which he believes contains any such

feed, or any book, record or document pertaining to the business found in the

premises or place for purposes of further inspection.

(c) seize and remove from any such premises, place or vehicle any animal

feedstuff, book, record or document found thereat which may pertain to the

manufacture, importation, mixing, compounding or sale of animal feedstuff or

other products of an animal carcass or plant by-products and which he has

reasonable cause to believe affords evidence of contravention of any of theprovisions of this Act.

(d) examine any feedstuff-

(i) and, where he determines that there is nothing wrong with the feedstuff,

record and give that result to the operator ; but


42/194 42

(ii) if, in his professional determination there is need for further analysis, take

samples thereof in such quantities as may be prescribed under this Act for

laboratory analysis and give the operator the reason for his determination; and

(iii) as soon as the results of the analysis are known, inform the operator of thesame including, if any, remedial actions the operator may be required to take.

(e) require any person to produce, for inspection or for the purpose of

obtaining copies thereof or extracts therefrom, any books, records, receipts,

invoices, shipping bills, bills of lading, documents containing mixing

instructions, operational procedures or other documents or papers which are

reasonably suspected or expected to be in the operators possession the

production of which will render successful inspection.

(2) Any sample taken pursuant to this section shall be taken-

(a)at the expense of the owner;

(b)by the inspector himself with such care as not to unduly diminish thecommercial value of the bulk from which it is taken; and

(c) in accordance with the methods prescribed under this Act and inpresence of the owner of the feedstuff or, if the owner is not there for

whatever reason, in the presence of any servant or agent of the operator

whom the inspector determines to be in charge of the feedstuff, and inthe absence of any such servant or agent, the inspector shall desist from

taking the sample until further notice.

(3) The owner or servant or agent, as the case may be, and any other person

found in the place where inspection takes place, shall give the inspector, free of

charge, all reasonable assistance, excluding the actual taking of samples, as the


43/194 43

inspector may require to enable him to carry out his duties under this Act and

shall furnish the inspector with any information he may reasonably require with

respect to the purposes of this Act.

(4) In the performance of his duties, the inspector may put any relevant

question to the owner, his servant or agent and the owner, his servant or agent

shall be obligated to fully, honestly and without undue delay furnish the answer

to the question; and, where the question put requires the preparation of

written answer or some prior enquiry, the inspector shall allow the owner,

servant or agent reasonable time in the circumstances to prepare and furnish

the written answer or the answer requiring prior enquiry.

Presence of police officer required to enter dwelling house

28(1) Where the inspector has reasonable belief that the feed which is the

subject of inspection, or any record or thing connected therewith is in a

dwelling house, he may request the occupant thereof for permission to instantly

enter the house to conduct the inspection.

(2) If the occupant declines to grant permission, the inspector shall seek the

assistance of a police officer nearest to him to facilitate a forced entry into the

house and the officer as well as the occupant shall stay with the inspector until

the inspection is satisfactorily concluded.

(3) Any inspector who is compelled to conduct an inspection under the

provisions of subsection (2) may take from the dwelling house any materials

relevant for the inspection and shall endeavour to expeditiously complete the

inspection so as not to cause undue inconvenience to the occupant.


44/194 44

Presence of operator during inspection, etc.

29(1) The inspector shall take such steps as are reasonably practicable to afford

the owner of the feedstuff, premises or dwelling house, sterilizing plant, records

or anything that is the subject of inspection under this Act, an opportunity to bepresent during the inspection and the operator shall have the right to put any

relevant questions to the inspector and the inspector shall be obligated to answer

so long as the questions are not calculated to stifle the inspection.

(2)(a) In return for taking away, the inspector shall give a receipt to the person

from whose custody any feedstuff, book, record, document or anything has been

taken for purposes of inspection and such receipt shall be dully stamped by the

inspectors rubber stamp and signed by him.

(b) Any feed, book, record, document or anything taken from a business

operator under this section shall, at the end of the purposes for which it was

taken, be expeditiously returned in whole to the operator unless the inspector

has a compelling reason not to retain it in whole or any part thereof.

Obstruction of inspector

30. (1) Any person who-

(a)in any way or form, wilfully obstructs, impedes or hinders any inspector orpolice officer from exercising any of his powers or performing his duties

under this Act; or

(b)knowingly makes a false statement in terms section 38(2)(b); or


45/194 45

(c)refuses or neglects to answer any lawful question put to him by theinspector or delays to answer or answers only in part, without lawful

excuse, refuses or neglects to furnish any information or to produce any

document, to attend at any place when required; or

(d)in any way threatens the inspector or any person lawfully accompanyingthe inspector; or

(e)refuses or unreasonably delays to obey any instructions given to him bythe inspector for the attainment of the purposes of this Act

commits an offence and shall, on conviction, be liable to pay a fine not

exceeding one hundred and fifty thousand shillings or to imprisonment not

exceeding three moths or to both such fine and imprisonment.

(2) Any person who in any way abates or facilitates the violation of any of the

provisions of subsection (1) commits an offence and shall, on conviction, be

punished in accordance with the provisions of that subsection.

Seizure and destruction of feeds already in circulation

31(1)The inspector may at any time seize any feedstuff, substance, machinery,

plant, article or thing which he has reason to believe or about which he has

received credible information to the effect that it has been used or is about to

be used in contravention of this Act.

(2) (a) Before the destruction of feedstuff, substance, article or thing or

forfeiture to the state of the machinery or plant seized under subsection (1),

the inspector shall afford the owner thereof reasonable opportunity to be heard

in his defence and if the inspector is satisfied with the defence, he shall

expeditiously return the feedstuff, substance, machinery, plant, article or thing

seized.


46/194 46

(b) Where the inspector is not satisfied with the defence advanced by the

owner, he may, in consultation with the Director-

(i) proceed to destroy the feedstuff, substance, article or thing,

(ii) in the case of the machinery or plant the Director may advise the Minister to

direct that it be forfeited to the state.

(3) Any destruction pursuant to this section which is likely to endanger the

environment and or public health, shall only be carried out in consultation with

the person for the time being in charge of the Public Health Act and or the

Environmental Management and Co-ordination Act[ Cap 242 and Act No.8 of

1999 respect ive ly ] .

(4) Notwithstanding the provisions of subsections (1) and (2) any feedstuff,

machinery, plant, article or thing seized under this section shall not be

destroyed or forfeited if-

(a) six months from the date of seizure, the inspector has not taken any

step on the case; or

(b) the inspector determines later that his suspicion was groundless or the

information on which he acted was false or misleading; or

(c) the person whose feedstuff, machinery, plant, article or thing was seized

has taken satisfactory remedial steps intended to avert the violation of the

Act.

(5) However, where legal proceedings had already been commenced in respect

with the violation, the feedstuff, machinery, plant, article or thing seized may

be detained as circumstances may permit, until the conclusion of the

proceedings.


47/194 47

(6) Any business operator who violates any of the provisions of this section shall

be liable, on conviction, to a fine not exceeding two hundred thousand shillings

or to imprisonment not exceeding three months or to both fine and

imprisonment, in addition to any other appropriate penalty provided for under

this section..

Inspection fees, Secrecy, etc.

32(1) Every person who receives, whether at his request or otherwise, any

inspection and or laboratory analysis services under this Act shall pay for such

services a fee to be known as inspection or laboratory fee, as the case may be,

as determined by the Minister from time to time or by the person in charge of

the laboratory respectively.

(2) No inspector, Analyst, the personnel of accredited laboratories involved in

sample testing or any person who is accountable to the Director for the

purposes of this Act shall, in any way, disclose to third parties information

relating to the feed business of a feed business operator, which information

came to his knowledge by virtue of the performance of his duties under this Act,

except where the disclosure is-

(i) permitted by the feed business operator himself; or

(ii) made to the Minister or Director or their several agents for thepurposes of this Act; or

(iii) ordered by the court.

(3) The disclosure of information contrary to subsection (2) shall constitute an

offence punishable, on conviction, by a fine not exceeding one hundred thousand

shillings.


48/194 48

Analysis of samples, procedure, accredited laboratories, etc.

33(1)Analysis of samples for the purposes of this Act shall be conducted only by aperson possessing a professional qualification in laboratory technology and with

such experience as the Minister may determine from time to time.

(2) Analysis may be undertaken-

(a)upon the voluntary request of the feed business operator; or(b)at the instigation or requirement of the inspector; or(c)at the written request of any person, addressed to the inspector, who raises

aprima faciecase to the effect that it is necessary to conduct analysis on

feed samples of a named feed business operator.

(3)(a) Analysis of samples shall be carried out only in laboratories accredited by

the Minister in consultation with the Kenya Bureau of Standards.

(b) Upon completion of analysis under this section, the Analyst shall

expeditiously issue to the inspector who detailed him to conduct the analysis, a

certificate of analysis, dully dated, signed and stamped by him, stating fully

and accurately the results of the analysis.

(4) (a) The Minister, in consultation with the Director, shall prescribe a proper

method of sampling and analysis of feedstuffs and may, from time to time,

further prescribe-

(i) sampling and analysis fees, and

(ii) the format of every certificate provided under this section.


49/194 49

(b) Upon receipt of the certificate of analysis provided for under subsection (3)

(b), the inspector shall without delay send a copy of the certificate plus his

comments thereon in writing, if any, to the feed business operator and where

the operator is not satisfied in any way with the results he shall have a right to

request for a repeat of analysis at a different accredited laboratory and theinspector shall grant the request; but only one repeat shall be granted.

(c) If there is nothing wrong with the feed, the inspector shall issue theoperator with a cer t i f i ca te of no fau l t in a form prescribed by the Minister

which certificate shall be valid only for the batch from which the sample was

taken.

(d) The feed business operator shall not in any way deal with the batch fromwhich a sample has been taken until the results of analysis are officially

communicated as provided in paragraph (b).

(e) The inspector shall communicate laboratory results as required under thissection within the period prescribed by the Director in consultation with an

organization, by whatever name called, representing the interests of feed

business operators in Kenya.

(f) The cer t i f i ca t e of no fau lt issued under this section shall in no way beused to advertise the feed business of the business operator, or any part

thereof.

(5)The provisions of section 31(6) shall apply, mutatis mutandis,to any business

operator who violates any of the provisions of this section.


50/194 50

Part VIII: Miscellaneous Provisions

Regulation of the GMO feedstuffs

34(1) Animal feedstuffs of a GMO nature shall be used and regulated in

accordance with the provisions of the Biosafety Act[No. 2 of2009].

(2) Without prejudice to the provisions of subsection (1) and in consultation

with the National Biosafety Authority [Biosafety Act], the Director may take

such measures to ensure that GMO feedstuffs-

(a) prohibited in Kenya by the Biosafety Authority are not at all used for feeding

animals in whatever form, substance or amount, reason wherefore the Director

shall keep an up to date register of prohibited GMOs and shall publish the list

thereof in Official Gazette from time to time,

(b) which are known to contain antibiotic resistance genes are not registered or

in any way used in animal feedstuff.

(c) whose use in Kenya is allowed, including feed compounds containing GMOs,

are properly identified and labelled in accordance with regulations made under

this Act.

(3) It shall be an offence for any person to deal in GMO feedstuff contrary to theprovisions of this section and, upon the conviction of such a person, he shall

suffer such penalty as the Minister may determine under this Act.


51/194 51

Indemnity of Government or its officer

35. Neither the Minister, Director, inspector, public officer nor any person

appointed or authorized to exercise any power or perform any duty under this

Act shall be personally liable for any action or proceedings seeking damages,

compensation or any other civil remedy for any damage, loss or injury suffered

by any person as a result of or in respect with any act or thing done in good

faith by the Minister, Director, inspector, public officer or any person in the

performance or exercise, or intended performance or exercise of any duty or

power imposed by or under this Act.

Power to make Regulations

36 (1) The Minister may make regulations from time to time generally for the

better carrying into effect and enforcement of this Act.

(2)Without prejudice to the generality of subsection (!), the regulations may

make provision for the-

(a) prescription of certificate, license, form, letter of no objection, permit,

records, certificate of assurance, certificate of no fault, import permit,

registers and returns to be kept or furnished under this Act, as the case may

be, by feedstuff business operators;

( b) use and regulation of GMO feedstuffs;

(c) hiring, terms and conditions of service, and the deployment or thecontracting of any person or institution from the Private Sector for the

purposes of this Act;

(d) exemption of any feed or class thereof or any person or class of persons

from the application of all or any of the provisions of, and also for prohibition

of deleterious substances for the purposes of this Act;


52/194 52

(e) prescription of registration of feeds business operators, feedstuffs, plants,

machinery, transportation and transportation vehicles, premises or anything

requiring registration or licensing under this Act;

(f) prescription of fees or charges required to be paid under this Act;

(g) upon the advise of the Director, formulation of standards of composition,

efficacy, fineness, purity and any aspect of animal feedstuffs which may require

the setting of standards therefor and declaration of feedstuff warranty;

(h) packaging, labelling or the accuracy of any instrument used in measuring or

weighing of feeds and packages thereof or in the determination of any quality

aspect of a feedstuff and for the manner in which animal feedstuffs shall be

branded, and the marking and sealing of the containers thereof, and the proper

declarations made at the time of sale;

(i) prescription of the requirements for proper storage of animal feedstuffs and,

in particular, the use of the appropriate gauge of bagging material, where

necessary, with polythene lining to avoid moisture and contamination;

(j) requirements for mandatory periodical analysis of all the animal feedstuffs

in storage of the miller to ensure no deterioration occurs therein;

(k) sampling and analysis of feedstuffs

(l) designation of additional animals and birds as animal for the purposes of

this Act;

(m forfeiture, detention, and destruction of feedstuff, substance or thing or the

restoration of the same to the owner;


53/194 53

(n) approval of feedstuffs to be used in Kenya

(o) methods by means of which bones, fish meal and other substances derived

from an animal carcass, including fish or of plant origin, shall be sterilized for

sale or for manufacture as animal feedstuff;

(p) procedures and requirements for the proper appointment of Analysts and

inspectors, including the determination of professional qualifications and

experience in laboratory technology and general agriculture with bias for animal

production or animal nutrition for Analysts and inspectors respectively;

(q) identification and appointment of the third party who may accompany an

inspector on an inspection mission in case of disputed inspection or inspection

where entry is forced under this Act;

(r) prescription of regulations that are applicable to specific feedstuffs or

enforceable in a specific region of the country;

(s) regulation of import and export of feedstuff;

(t) prescription or regulations for anything which under this Act requires

regulation or prescription.

Sustainable Research

37(1) In collaboration with relevant Government research institutions,universities, private sector institutions, stakeholders or any other person,

whether local or foreign, the Director may initiate, support, facilitate, co-

ordinate or host research or surveys in matters of or relating to development,

production, manufacture, storage, mixing or compounding, distribution, sale,

handling or use of quality and safe feedstuffs and GMOs, and may collate and


54/194 54

disseminate findings from such research or surveys or any information related

thereto for the benefit of the feeds industry in Kenya.

(2) In consultation with the Kenya Industrial Property Office, the Director shall

take all necessary steps to safeguard and protect the research findings and any

patentable findings arising from the research initiated, supported, facilitated,co-coordinated, hosted or otherwise undertaken under subsection (1) and the

Governments industrial property rights related thereto [The Industrial

Property Act, 2001].

Offences generally, by Corporate entities, etc

38(1) The Minister may prescribe a penalty for any offence under this Act for

which no penalty is specified and such penalty may include a fine or

imprisonment or both.

(2) Without prejudice to the provisions of subsection (1) or any section specifying

a penalty, under this Act, a person commits an offence where the person-

(a) with fraudulent intent tampers with any sample drawn or taken for purposes

of this Act,

(b) knowingly makes use of, maintains or issues any false or misleading statements

whether orally or in writing, record, document, declaration, marking or label in

connection with the registration, licensing, manufacture, importation, mixing,

compounding or sale of any animal feedstuff,

(c) sells any animal feedstuff in a container or packaging on which a false or

misleading statement is written, or


55/194 55

(d) sells or supplies any animal feedstuff which is not of the kind, nature,

composition or quality described or represented at the time of sale or supply or is

different in any material particular,

(e) makes, whether within or outside Kenya, any false declaration or statement

concerning feedstuffs or any matter related thereto, which he knows or hasreasonable cause to believe to be false or misleading for purposes of defeating

or circumventing any requirement or obligation imposed on him under this Act;

or

(f) knowingly misleads any inspector or other officer or person charged with

duty of enforcing this Act by, inter alia, seeking information material to the

exercise of any of his powers or performance of his duty under this Act, or

(g) alters or wilfully defaces any permit, certificate, licence, record, letter of

no objection, return, consent, approval or any document without any lawful

excuse or authority; or

(h) knowingly uses or has in his possession any forged permit, certificate,

licence, record, letter of no objection, return, consent, approval or any

document purporting to be for the purposes of this Act.

(3) In the case of the distribution of adulterated feedstuff, aperson commits an

offense if the person distributes, conspires to distribute, or causes another

person to distribute a commercial feed-

(a) that is of a composition, quantity, or quality that is below or is different

from that which it is represented to possess by its label;

(b) that is moldy, sour, heated, or otherwise damaged, because of which it is

injurious to animals;


56/194 56

(c) from which an ingredient has been omitted or extracted in whole or in part;

(d) that is inferior or is damaged and the inferiority or damage has been

concealed;

(e) to which a substance has been added or with which a substance has beenmixed or packed so as to deceptively increase its bulk or weight, reduce its

quality or strength, or make it appear better or of greater value than it is;

(f) that contains or bears a poisonous or deleterious substance that may render

it injurious to animals under ordinary conditions of use;

(g) that contains a low-grade feeding material or filler but is not labeled in

accordance with the provisions of Schedule V of this Act;

(h) that consists in whole or in part of a diseased, filthy, putrid, or decomposed

substance, unless the substance has been rendered harmless by sterilization or

other effective process;

(i) that is otherwise unfit for feeding to animals; or

(j) that has been intentionally subjected to radiation, unless the use of the

radiation was in conformity with a regulation or exemption applicable under the

provisions of the Radiation Protection Act [cap 243].

(3) Any person who violates any of the provisions of this section shall be guiltyof an offence and liable to a fine not exceeding one hundred and fifty thousand

shillings or to imprisonment for a term not exceeding six months or to both such

fine and imprisonment.

(4) Where any offence under this Act is committed by a company, or other body

corporate, or any society, partnership, association, or body of persons, every


57/194 57

person charged with, or concerned or acting in, the control or management of

the affairs or activities of such company or other body corporate, society,

partnership, association, or body of persons, shall be guilty of that offence and

liable to punishment accordingly unless it is proved by such person that-

(a) through no act or omission on his part, he was not aware that the offencewas being or was intended or about to be committed; or

(b) that he took all reasonable steps to prevent the commission.

(5) Where an offence under this Act is committed by a body corporate, the

penalty of a fine shall be preferred against the body corporate; but any penalty

may be imposed in the case of an officer or individual agent of the body corporate

who was in default.

Limitation of action

39.Proceedings against any person for the violation of any of the provisions of

this Act shall not be instituted after four years from the time the commition of

the offence in question became fully known to the Minister.

Proceedings, evidence and supplementary orders

40(1) In any proceedings under this Act, unless the contrary is proved-

(a) a sample of a feedstuff drawn or taken by an inspector shall be deemed to

be of the same composition, to have the same degree of efficacy a

Documents

Animalfeedsbill Eshiwani Final