Laws of Kenya Active 1962Fertilizers and Animal Foodstuffs Act
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LAWS OF KENYA THE FERTILIZERS AND ANIMAL FOODSTUFFS ACT CAP. 345 Revised and published by the National Council for Law Reporting with the authority of the Attorney-General as gazetted by the Government Printer www.kenyalaw.org Kenya Fertilizers and Animal Foodstuffs Act Cap. 345 Legislation as at 31 December 2022 By Kenya Law and Laws.Africa. Share widely and freely. www.kenyalaw.org | [email protected] FRBR URI: /akn/ke/act/1962/23/eng@2022-12-31 There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC- SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements: • BY: credit must be given to the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. Fertilizers and Animal Foodstuffs Act (Cap. 345) Contents 1. Short title ........................................................................................................................................................................................................... 1 2. Interpretation .................................................................................................................................................................................................... 1 2A. Establishment of the Board ..................................................................................................................................................................... 2 2B. Functions of the Board .............................................................................................................................................................................. 2 2C. Membership of the Board ......................................................................................................................................................................... 3 2D. ................................................................................................................................................ 3 2D. Conduct of business and affairs of the Board ................................................................................................................................... 3 2E. Powers of the Board .................................................................................................................................................................................... 3 2F. Remuneration of Board members .......................................................................................................................................................... 4 2G. Chief Executive Officer ............................................................................................................................................................................... 4 2H. Staff of the Board ........................................................................................................................................................................................ 4 2I. Delegation by the Board ............................................................................................................................................................................. 4 2J. ................................................................................................................................................ 4 2J. Protection from personal liability ........................................................................................................................................................... 5 2K. Common seal ................................................................................................................................................................................................. 5 2L. Funds of the Board ...................................................................................................................................................................................... 5 2M. Financial year ................................................................................................................................................................................................ 5 2N. Annual report ................................................................................................................................................................................................ 6 2O. ................................................................................................................................................ 6 2O. Annual estimates .......................................................................................................................................................................................... 6 2P. Accounts and audit ....................................................................................................................................................................................... 6 2Q. Investment of funds .................................................................................................................................................................................... 7 3. Restrictions on importation, manufacture, selling, etc. .................................................................................................................... 7 4. Sterilization of bone and animal products ............................................................................................................................................ 7 5. Sterilizing plant ............................................................................................................................................................................................... ...................................................................................................................................................... 8 6. Appeal against refusal or cancellation of licence .............................................................................................................................. 8 7. Use of unsterilized bone or other substance ........................................................................................................................................ 8 8. Appointment of analysts and inspectors ................................................................................................................................................ 8 9. Inspection and taking of samples ............................................................................................................................................................ 9 10. Analysis of samples by request ............................................................................................................................................................... 9 11. Analyst’s certificates .................................................................................................................................................................................. 10 12. ............................................................................................................................................... 10 12. Deleterious ingredients ............................................................................................................................................................................ 10 13. Offence and penalties .............................................................................................................................................................................. 10 14. Evidence ......................................................................................................................................................................................................... 11 15. Criminal liability of managers, agents and employees ................................................................................................................ 11 16. General penalties ....................................................................................................................................................................................... 11 17. Supplementary orders on conviction .................................................................................................................................................. 12 .................................................................................................................................................. 12 18. Exclusions and exemptions .................................................................................................................................................................... 12 19. Rules ............................................................................................................................................................................................................... 12 20. [Deleted by Act No. 20 of 2015, s. 13.] ............................................................................................................................................. 13 13.] ............................................................................................................................................. 13 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya FERTILIZERS AND ANIMAL FOODSTUFFS ACT CAP. 345 Assented to on 24 August 1962 Commenced on 4 August 1967 [Amended by Licensing Laws (Repeal and Amendment) Act, 2007 (Act No. 5 of 2007) on 15 November 2007] [Amended by Fertilizers and Animal Foodstuffs (Amendment) Act, 2015 (Act No. 20 of 2015) on 26 October 2015] [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022] An Act of Parliament to regulate the importation, manufacture and sale of agricultural fertilizers and animal foodstuffs and substances of animal origin intended for the manufacture of such fertilizers and foodstuffs, and to provide for matters incidental to and connected with the foregoing 1. Short title This Act may be cited as the Fertilizers and Animal Foodstuffs Act. 2. ovide for matters incidental to and connected with the foregoing 1. Short title This Act may be cited as the Fertilizers and Animal Foodstuffs Act. 2. Interpretation In this Act, except where the context otherwise requires— "analyst" means any person appointed under section 8 of this Act to be an analyst for the purposes of this Act; "animal" means cattle, camels, horses, sheep, pigs, goats and poultry, but does not include dogs, cats and other domestic pets, or marine animals; "animal foodstuff" means— (a) any— (i) substance obtained by a process of crushing, gristing or grinding or by the addition to any substance or the removal therefrom of any ingredient; or (ii) condimental foodstuff or mineral substance which possesses or is alleged to possess nutritive properties; or (iii) substance of animal origin, which is intended or offered for the feeding of livestock, domestic animals or poultry; or (b) any stock lick or substance which can be and is used as a stock lick, whether or not it possesses medicinal properties, but does not include straw, chaff, underground hay, silage, cereal in the grain or any substance which has been crushed, gristed or ground for a farmer in accordance with his directions for his own use, unless such substance has been declared by the Cabinet Secretary, by notice in the Gazette, to be an animal foodstuff for the purposes of this Act; "Board" means the Fertilizer and Animal Foodstuffs Board of Kenya established by section 2A; "Cabinet Secretary" means the Cabinet Secretary for the time being in-charge of matters relating to agriculture; "fertilizer" means any substance or mixture of substances which is intended or offered for improving or maintaining the growth of plants or the productivity of the soil, but does not include manure, compost, 1 hich is intended or offered for improving or maintaining the growth of plants or the productivity of the soil, but does not include manure, compost, 1 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya wood ash, gypsum or refuse when sold in its original condition and under the same name, nor does it include organic fertilizers, other than lime; "inspector" means any person appointed by the Cabinet Secretary under section 8 of this Act to be an inspector for the purposes of this Act; "sell" includes offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, dispose of for any consideration whatsoever, or transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid; "the Director" deleted by Act No. 20 of 2015, s. 2(a). [Act No. 20 of 2015, s. 2.] 2A. Establishment of the Board (1) There is established a body to be known as the Fertilizer and Animal Foodstuffs Board of Kenya. 20 of 2015, s. 2.] 2A. Establishment of the Board (1) There is established a body to be known as the Fertilizer and Animal Foodstuffs Board of Kenya. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of— (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; (c) borrowing money or making investments; (d) charging fees for services rendered by it and requesting for securities for such fees; and (e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. [Act No. 20 of 2015, s. 3.] 2B. or the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. [Act No. 20 of 2015, s. 3.] 2B. Functions of the Board The functions of the Board shall be to— (a) regulate the fertilizers and animal foodstuffs industry in Kenya including the production, manufacture, packaging, importation and marketing of fertilizers and animal foodstuffs; (b) regulate the importation of raw materials for the manufacture of animal foodstuffs; (c) promote the manufacture of fertilizers and animal foodstuffs; (d) advise the national and county governments on— (i) the procurement, importation and efficient and timely distribution of subsidized fertilizers and animal foodstuffs; (ii) establishment of retail outlets of fertilizers and animal foodstuffs in the counties; and (iii) development of policies related to the manufacture and distribution of fertilizer and animal foodstuffs; (e) inspect and test fertilizers and animal foodstuffs to ensure their quality and safety; (f) license manufacturers, distributors and retailers of fertilizers and animal foodstuffs on the recommendation of the Director of Agriculture and the Director of Veterinary Services; (g) promote, in collaboration with stakeholders in the agriculture industry, research on fertilizer and animal foodstuffs; 2 r of Veterinary Services; (g) promote, in collaboration with stakeholders in the agriculture industry, research on fertilizer and animal foodstuffs; 2 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya (h) ensure that fertilizers and animal food stuffs imported, manufactured or distributed in Kenya meet the standards of quality and safety as prescribed by law. [Act No. 20 of 2015, s. 3.] 2C. d stuffs imported, manufactured or distributed in Kenya meet the standards of quality and safety as prescribed by law. [Act No. 20 of 2015, s. 3.] 2C. Membership of the Board (1) The Board shall consist of the following persons appointed by the Cabinet Secretary— (a) the Chairperson competitively sourced and appointed by the Cabinet Secretary; (b) the Principal Secretary in the Ministry for the time being responsible for agriculture or his designated alternate not being below the level of Deputy Secretary; (c) the Principal Secretary in the Ministry responsible for livestock or a designated alternate not being below the level of Deputy Secretary; (d) the Principal Secretary in the Ministry for the time being responsible for finance; (e) two persons of either gender representing prescribed farmers' associations competitively nominated, and one person of either gender from the Fertilizers Association of Kenya; (f) one person nominated by the Council of Governors; (g) the Director of Veterinary Services; (h) one person representing research institutions in the agriculture sector competitively sourced and appointed by the Cabinet Secretary; (i) the Chief Executive Officer who shall be an ex officio member and Secretary to the Board. titively sourced and appointed by the Cabinet Secretary; (i) the Chief Executive Officer who shall be an ex officio member and Secretary to the Board. (2) No person shall be appointed under subsection (1)(a) unless such person is a holder of a degree in a relevant discipline with not less than five years' professional experience. (3) The Cabinet Secretary shall ensure that not more than one third of the persons appointed under subsection (1), are of the same gender. (4) A person appointed under subsection (1) shall hold office for a period of three years and may be reappointed for a further non-renewable term of three years. (5) Subject to this Act, all acts and things done in the name of, or on behalf of, the Board, by the Board or with the authority of the Board shall be deemed to have been done by the Board. [Act No. 20 of 2015, s. 3.] 2D. Conduct of business and affairs of the Board (1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. (2) Except as provided in the Schedule, the Board may regulate its own procedure. [Act No. 20 of 2015, s. 3.] 2E. Powers of the Board (1) The Board shall have all powers necessary for the proper performance of its functions under this Act. . 20 of 2015, s. 3.] 2E. Powers of the Board (1) The Board shall have all powers necessary for the proper performance of its functions under this Act. (2) Without prejudice to the generality of the subsection (1), the Board shall have power to— (a) control, supervise and administer the assets of the Board in such manner as best promotes the purpose for which the Board is established; 3 er to— (a) control, supervise and administer the assets of the Board in such manner as best promotes the purpose for which the Board is established; 3 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya (b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Board; (c) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; (d) open such banking accounts for the funds as the Board may deem necessary; (e) invest any funds of the Board not immediately required for its purposes in the manner provided in section 2P; (f) establish such directorates, departments and regional centres of the Board to deal with such specific matters as may be necessary; (g) undertake any activity necessary for the fulfilment of any of the functions of the Board. [Act No. 20 of 2015, s. 3.] 2F. Remuneration of Board members The Board shall pay its members such allowances as it may determine upon the advice of the body responsible for matters relating to remuneration. [Act No. 20 of 2015, s. 3.] 2G. bers such allowances as it may determine upon the advice of the body responsible for matters relating to remuneration. [Act No. 20 of 2015, s. 3.] 2G. Chief Executive Officer (1) There shall be a Chief Executive Officer who shall be appointed by the Board and whose terms and conditions of service shall be determined by the Board in the instrument of appointment or otherwise in writing from time to time upon the advice of the Salaries and Remuneration Commission. (2) No person shall be appointed under this section unless such person has— (a) a university degree from a recognized university in a relevant discipline; (b) at least five years' post qualification working experience. (3) The Chief Executive Officer shall— (a) be the secretary to the Board; and (b) subject to the directions of the Board be responsible for the day to day management of the affairs and staff of the Board. [Act No. 20 of 2015, s. 3.] 2H. Staff of the Board The Board may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as it may determine upon the advice of the Salaries and Remuneration Commission. [Act No. 20 of 2015, s. 3.] 2I. such terms and conditions of service as it may determine upon the advice of the Salaries and Remuneration Commission. [Act No. 20 of 2015, s. 3.] 2I. Delegation by the Board The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law. [Act No. 20 of 2015, s. 3.] 4 powers or the performance of any of the functions or duties of the Board under this Act or under any other written law. [Act No. 20 of 2015, s. 3.] 4 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya 2J. Protection from personal liability (1) No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona-fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any, action, claim or demand whatsoever. (2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works. [Act No. 20 of 2015, s. 3.] 2K. Common seal (1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. on seal (1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. (2) The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson and the Chief Executive Officer and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the Chief Executive Officer. (3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the Chairperson or the Chief Executive Officer in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Chief Executive Officer. (4) The common seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given. [Act No. 20 of 2015, s. 3.] 2L. roved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given. [Act No. 20 of 2015, s. 3.] 2L. Funds of the Board (1) The funds of the Board shall comprise of— (a) such sums as may be appropriated by Parliament for that purpose; (b) grants, gifts or donations that the Board may receive as a result of public and private appeal from local and; international donors or agencies for the purposes of carrying out its functions; (c) such fees, monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and (d) all monies from any other lawful source provided for or donated or lent to the Board. (2) The funds of the Board and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes for which the Board is established. [Act No. 20 of 2015, s. 3.] 2M. Financial year The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year. [Act No. 20 of 2015, s. 3.] 5 ial year The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year. [Act No. 20 of 2015, s. 3.] 5 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya 2N. Annual report (1) The Chief Executive officer shall cause to be prepared an annual report setting out the activities of the Board. (2) The Chief Executive Officer shall submit the report referred to in subsection (1) to the Cabinet Secretary not later than two months after the end of the financial year. (3) The Cabinet Secretary shall transmit copies of the report to the Senate and the National Assembly within three months after receipt of the report. [Act No. 20 of 2015, s. 3.] 2O. Annual estimates (1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. ore the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. (2) The annual estimates shall make provision for all estimated expenditure of the Board for the financial year and in particular, the estimates shall provide for— (a) the payment of the allowances and other charges in respect of members of the Board; (b) the payment of salaries, allowances, pensions, gratuities and other charges in respect of staff of the Board; (c) the proper maintenance of the buildings and grounds of the Board; (d) the maintenance, repair and replacement of the equipment and other property of the Board; and (e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. (3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Board shall not increase the annual estimates without the consent of the Cabinet Secretary. [Act No. 20 of 2015, s. 3.] 2P. Secretary's approval, the Board shall not increase the annual estimates without the consent of the Cabinet Secretary. [Act No. 20 of 2015, s. 3.] 2P. Accounts and audit (1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Board. (2) Within a period of four months from the end of each financial year, the Board shall submit to the Auditor-General the accounts of the Board together with— (a) a statement of the income and expenditure of the Board during that year; and (b) a balance sheet of the Board on the last day of that year. (3) The accounts of the Board shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). [Act No. 20 of 2015, s. 3.] 6 r. (3) The accounts of the Board shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). [Act No. 20 of 2015, s. 3.] 6 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya 2Q. Investment of funds The Board may invest any of the funds of the Board in securities, in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose. [Act No. 20 of 2015, s. 3.] 3. Restrictions on importation, manufacture, selling, etc. (1) No person shall import, manufacture, compound, mix or sell any fertilizer or animal foodstuff other than a substance declared by rule made under section 19 of this Act to be an approved fertilizer or an approved animal foodstuff, as the case may be. than a substance declared by rule made under section 19 of this Act to be an approved fertilizer or an approved animal foodstuff, as the case may be. (2) No person shall import, manufacture, compound, mix or sell any fertilizer or animal foodstuff in respect of which rules have been made under paragraph (a) of subsection (1) of section 19 of this Act unless the fertilizer or animal foodstuff conforms to the standard or specification prescribed by such rules: Provided that it shall be a sufficient defence for anyone charged with importing or selling in contravention of this subsection to show that— (i) he imported or purchased the fertilizer or animal foodstuff under a name or brand the subject of a declaration pursuant to subsection (1) of this section, as being the same in all respects as the article which he had ordered or, as the case may be, which he later purported to sell; and (ii) he had no reason to believe at the time of importation or sale that it was in any respect different from such article; and (iii) the container thereof was branded, labelled, marked or sealed in the prescribed manner; and (iv) in the case of a sale, he sold it in the original container and in the state in which it was when he imported or purchased it. cribed manner; and (iv) in the case of a sale, he sold it in the original container and in the state in which it was when he imported or purchased it. (3) Any person who contravenes any of the provisions of this section shall be guilty of an offence. (4) Nothing in this section shall render illegal the addition to animal foodstuffs of condiments, growth stimulants, essential food factors or pharmaceutical preparations for the control of disease. 4. Sterilization of bone and animal products (1) No person shall import— (a) any fertilizer or animal foodstuff which contains bone or any other substance derived from an animal carcass; or (b) bones or any other substance derived from an animal carcass for the purpose of manufacturing any fertilizer or animal foodstuff, unless he has first submitted to the Board a certificate signed in the country of origin by a person designated by the Cabinet Secretary, certifying that such bone or substance has been effectively and completely sterilized in such manner as may be prescribed and is free from such pathogenic organisms as may be prescribed. (2) No person shall manufacture or sell any fertilizer or animal foodstuff containing bone or any other substance derived from an animal carcass unless such bone or substance has been sterilized in the prescribed manner. tuff containing bone or any other substance derived from an animal carcass unless such bone or substance has been sterilized in the prescribed manner. (3) Any person who contravenes any of the provisions of this section shall be guilty of an offence. [Act No. 20 of 2015, s. 4.] 7 (3) Any person who contravenes any of the provisions of this section shall be guilty of an offence. [Act No. 20 of 2015, s. 4.] 7 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya 5. Sterilizing plant (1) Any person who, for the purpose of the manufacture or sale of any fertilizer or animal foodstuff, uses any sterilizing plant for the sterilizing of bones or other substances derived from an animal carcass except under and in accordance with the provisions of a licence issued to him in respect of that plant, shall be guilty of an offence. (2) Any person who desires to set up a sterilizing plant as aforesaid shall make application in the form prescribed to the Board, who shall, if he is satisfied that the applicant is a suitable person to engage in the sterilizing of bones and other substances derived from an animal carcass and that such requirements as may be prescribed in relation thereto are likely to be complied with, issue the applicant with a licence, on payment of the fee prescribed therefor. (3) A licence under this section shall be in the form prescribed, and shall, subject to renewal, be valid for three years, from the date of issue unless cancelled earlier under the provisions of this Act or under any rule made under this Act. wal, be valid for three years, from the date of issue unless cancelled earlier under the provisions of this Act or under any rule made under this Act. (4) If the Board is satisfied that a person who has been issued with a licence to sterilize bones and other products of an animal carcass has contravened the requirements prescribed for sterilizing bones and other products of an animal carcass, he may cancel that licence. [Act No. 5 of 2007, s. 17, Act No. 20 of 2015, s. 5.] 6. Appeal against refusal or cancellation of licence (1) Any person aggrieved by a decision of the Board refusing or cancelling a licence under section 5 of this Act may— (a) apply to the Board for a written statement of the reasons why the licence was refused or cancelled, as the case may be, and upon receipt of such application the Board shall within fourteen days thereafter or such longer period as may be reasonable in the circumstances furnish such statement; (b) appeal to the Cabinet Secretary against such decision. (2) On an appeal under this section the Cabinet Secretary may uphold the decision of the Board or make an order instructing the Board— (a) to license the applicant; or (b) to restore the licence under such conditions as the Cabinet Secretary may direct, and the Board shall comply with such order. [Act No. 20 of 2015, s. 6.] 7. tore the licence under such conditions as the Cabinet Secretary may direct, and the Board shall comply with such order. [Act No. 20 of 2015, s. 6.] 7. Use of unsterilized bone or other substance Any person who, for the purpose of the manufacture or sale of a fertilizer or animal foodstuff, uses any bone or other substance derived from an animal carcass which has not been either— (a) imported on a certificate in accordance with subsection (1) of section 4; or (b) sterilized in accordance with subsection (1) of section 5, of this Act, shall be guilty of an offence. 8. Appointment of analysts and inspectors The Cabinet Secretary on the recommendation of the Board, may by notice in the Gazette appoint suitably qualified analysts and inspectors for the purposes of this Act: 8 ry on the recommendation of the Board, may by notice in the Gazette appoint suitably qualified analysts and inspectors for the purposes of this Act: 8 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya Provided that a person shall not, while holding such appointment, engage in any business connected with the manufacture, sale or distribution of fertilizers or animal foodstuffs. [Act No. 20 of 2015, s. 7.] 9. tment, engage in any business connected with the manufacture, sale or distribution of fertilizers or animal foodstuffs. [Act No. 20 of 2015, s. 7.] 9. Inspection and taking of samples (1) An inspector may at all reasonable times and on production, if required, of his authority— (a) enter and inspect any premises, place or vehicle in which he has reasonable grounds for believing there is any fertilizer, animal foodstuff or sterilizing plant or records pertaining to the importation, manufacture or sale of a fertilizer or animal foodstuff or to the operation of such sterilizing plant; (b) inspect and if he considers it necessary seize and remove any fertilizer or animal foodstuff and any books, records or documents found in or upon such premises, place or vehicle which pertain to the manufacture, importation, mixing, compounding or sale of fertilizers or animal foodstuffs or to the sterilizing of bones or other products of an animal carcass, and which he has reasonable cause to believe affords evidence of any contravention of any of the provisions of this Act or of any rules made thereunder; (c) take such samples in the manner prescribed of any fertilizers, animal foodstuffs, bones or other products of an animal carcass as he may deem necessary for the purpose of examination or analysis and call upon the occupier of the premises in which the fertilizer, animal foodstuff, bone or other product of an animal carcass lies, to provide him with such reasonable assistance as he may need for so doing. ilizer, animal foodstuff, bone or other product of an animal carcass lies, to provide him with such reasonable assistance as he may need for so doing. (2) An inspector shall take such steps as are reasonably practicable to afford the owner of the fertilizer, animal foodstuff, sterilizing plant or records, as the case may be, and the occupier of the premises in which they are situated, an opportunity of being present when any inspection under this section is carried out. (3) Where it is intended to submit for analysis any sample procured under paragraph (c) of subsection (1) of this section, the inspector procuring it shall before or as soon as possible after procuring it inform the owner of the fertilizer, animal foodstuff, bones or other product of an animal carcass, as the case may be, that he intends to have the sample analysed. (4) Where a sample has been taken by an inspector for analysis he shall divide it into three parts and cause each part to be marked, sealed and fastened up, and shall send two of the parts to the analyst together with a signed statement that the sample was taken in the prescribed manner, and the third part he shall deliver to the owner or seller as may be prescribed. (5) In taking samples for analysis under this section the inspector shall follow the procedure prescribed. o the owner or seller as may be prescribed. (5) In taking samples for analysis under this section the inspector shall follow the procedure prescribed. (6) The right to privacy under Article 31 of the Constitution and the right to property under Article 40 of the Constitution shall be limited as specified under this section for the purposes of facilitating the safety of the public and the ensuring compliance with the provisions of this Act relating to importation, storage, distribution, sale or possession of fertilizers. [Act No. 20 of 2015, s. 8.] 10. Analysis of samples by request Every inspector shall, on being requested in writing so to do by the purchaser of any animal foodstuff and, upon payment by the purchaser of the fee prescribed together with the cost of procuring the sample, 9 do by the purchaser of any animal foodstuff and, upon payment by the purchaser of the fee prescribed together with the cost of procuring the sample, 9 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya procure a sample of any animal foodstuff and submit it for analysis by an analyst and thereafter forward to the purchaser the analyst’s certificate of such analysis: Provided that the inspector shall not be obliged to comply with such request unless the purchaser— (i) makes his request within thirty days after the date upon which he took delivery of the animal foodstuff from the vendor thereof; and (ii) first informs the inspector to whom he makes his request of his name and full postal address; and (iii) stores the animal foodstuff which he requires to be sampled in such manner as the Cabinet Secretary may prescribe for the storage of animal foodstuffs until a sample has been procured by the inspector. [Act No. 20 of 2015, s. 9.] 11. Analyst’s certificates (1) Every certificate of an analyst issued under this Act shall be in the form prescribed. (2) Where any method is prescribed for the analysis of any fertilizer or animal foodstuff the analyst shall in his certificate declare that he has followed the prescribed method. cribed for the analysis of any fertilizer or animal foodstuff the analyst shall in his certificate declare that he has followed the prescribed method. (3) Any person who causes or permits any copy of an analyst’s certificate obtained under this Act to be used in any advertisement shall be guilty of an offence. 12. who causes or permits any copy of an analyst’s certificate obtained under this Act to be used in any advertisement shall be guilty of an offence. 12. Deleterious ingredients (1) Any person who sells a fertilizer or animal foodstuff containing deleterious ingredients shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months, unless he proves— (a) that he did not know and could not with reasonable care have known that the fertilizer or animal foodstuff contained a deleterious ingredient; and (b) where he obtained the fertilizer or animal foodstuff from some other person, that on demand by or on behalf of the prosecutor he gave all the information in his power with respect to the person from whom he obtained it, and as to any statement given to him and any mark applied to the fertilizer or animal foodstuff when he obtained it: Provided that proceedings for an offence under this section shall not be instituted unless the fertilizer or animal foodstuff has been sampled by an inspector in the prescribed manner on the premises on which it was sold and the sample has been analysed in accordance with the provisions of this Act and of any rules made thereunder. on the premises on which it was sold and the sample has been analysed in accordance with the provisions of this Act and of any rules made thereunder. (2) Any substance prohibited by rules made under paragraph (b) of subsection (1) of section 19 of this Act shall, if present in a fertilizer or animal foodstuff or, where a percentage limit has been prescribed by such rules, if present in excess of that limit, as the case may be, be deemed to be a deleterious ingredient unless the contrary is proved. 13. Offence and penalties Any person who— (a) obstructs, hinders, deceives or misleads an inspector in the exercise of his powers or the performance of his duties under this Act or any rules made thereunder; or 10 s, deceives or misleads an inspector in the exercise of his powers or the performance of his duties under this Act or any rules made thereunder; or 10 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya (b) knowingly makes use of, issues or maintains any false or misleading records, statement, document, declaration, marking or label in connexion with the manufacture, importation, mixing, compounding or sale of any fertilizer or animal foodstuff, shall be guilty of an offence and liable, for a first offence, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months or to both such fine and such imprisonment, and for a second or subsequent offence to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. 14. a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. 14. Evidence In any proceedings under this Act, unless the contrary is proved— (a) a sample of a fertilizer or animal foodstuff drawn by an inspector shall be deemed to be of the same composition, to have the same degree of efficacy and, except in so far as the taking of the sample causes it to be otherwise, to possess in all other respects the same properties as the whole from which it was drawn; (b) a certificate of analysis purporting to be signed by an analyst shall be accepted as prima facie proof of the facts stated therein. 15. was drawn; (b) a certificate of analysis purporting to be signed by an analyst shall be accepted as prima facie proof of the facts stated therein. 15. Criminal liability of managers, agents and employees (1) Whenever any manager, agent or employee of a manufacturer, importer or owner of a fertilizer or animal foodstuff does or omits to do any act which it would be an offence under this Act for such manufacturer, importer or owner to do or omit to do, then unless it is proved that— (a) in doing or omitting to do that act the manager, agent or employee was acting without the connivance or permission of the manufacturer, importer or owner; and (b) all reasonable steps in addition to withholding such connivance and permission were taken by the manufacturer, importer or owner to prevent such act or omission; and (c) it was not under any condition or in any circumstances within the scope of the authority or in the course of the employment of the manager, agent or employee to do or omit to do such act, the manufacturer, importer or owner, as the case may be, shall be presumed himself to have done or omitted to do that act and shall be liable to be convicted and sentenced in respect thereof. he case may be, shall be presumed himself to have done or omitted to do that act and shall be liable to be convicted and sentenced in respect thereof. (2) Whenever any manager, agent or employee of a manufacturer, importer or owner of a fertilizer or animal foodstuff does or omits to do any act which it would be an offence under this Act for such manufacturer, importer or owner to do or omit to do, he shall be liable to be convicted and sentenced therefor as if he were the manufacturer, importer or owner and may be so convicted and sentenced in addition to such manufacturer, importer or owner. 16. General penalties Any person who is guilty of an offence under this Act for which no special penalty (other than those referred to in subsection (4) of section 5, and in section 17, of this Act) is prescribed shall be liable, for a first offence, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one month, and for a second or subsequent offence to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. [Act No. 20 of 2015, s. 10.] 11 one million shillings or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. [Act No. 20 of 2015, s. 10.] 11 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya 17. Supplementary orders on conviction A court convicting any person of an offence against this Act or against any rules made thereunder may make such order as the Court shall deem proper, as to— (a) the forfeiture or disposal of any fertilizer, animal foodstuff, bone or other product of an animal carcass; (b) the payment by the defendant of all or any fees and other expenses incidental to the analysis of a fertilizer or animal foodstuff, in respect of which the conviction is obtained. 18. Exclusions and exemptions (1) The Cabinet Secretary on recommendation of the Board may by notice in the Gazette, subject to such terms and conditions if any as may be specified in such notice, exclude any fertilizer or animal foodstuff, or exempt any person or class of persons, from the operation of all or any of the provisions of this Act. (2) The Cabinet Secretary for the time being in charge of the National Treasury shall implement tax policies and where appropriate price policies on imported fertilizers so as to promote local industries. [Act No. 20 of 2015, s. 11.] 19. mplement tax policies and where appropriate price policies on imported fertilizers so as to promote local industries. [Act No. 20 of 2015, s. 11.] 19. Rules (1) The Cabinet Secretary on recommendation of the Board may make rules generally for the better carrying out of the purposes and provisions of this Act and particularly, but without prejudice to the foregoing generality, for prescribing— (a) standards of composition, efficacy, fineness and purity of fertilizers and animal foodstuffs; (b) the prohibition of certain substances and the limitation of percentages of certain substances in fertilizers or animal foodstuffs; (c) records and returns to be kept and furnished by importers, manufacturers and sellers of fertilizers and animal foodstuffs; (d) requirements as to the proper storage of fertilizers and animal foodstuffs; (e) the manner in which fertilizers and animal foodstuffs shall be packed and the branding, labelling, marking and sealing of containers thereof, and the manner in which declarations made at the time of sale shall be made and in which fertilizers and animal foodstuffs shall be exposed for sale; (f) any declaration or warranty which may be required to be made or given in prescribed cases, the effect of any declaration made by the seller of a fertilizer or animal foodstuff, and the existence and effect of any implied or written warranty concerning a fertilizer or animal foodstuff; (g) the methods whereby bones and other substances derived from an animal carcass shall be sterilized for sale or for manufacture as fertilizers or animal foodstuffs; (h) the manner in which samples shall be drawn for analysis and in which such samples shall be certified and analysed, and the manner in which their analyses shall be reported; (i) anything which under this Act is required to be or may be prescribed. fied and analysed, and the manner in which their analyses shall be reported; (i) anything which under this Act is required to be or may be prescribed. 12 Fertilizers and Animal Foodstuffs Act (Cap. 345) Kenya (2) Rules made under this section may provide penalties for their breach not exceeding a fine of one million shillings or imprisonment for a term of six months, or both such fine and such imprisonment. [Act No. 20 of 2015, s. 12.] 20. [Deleted by Act No. 20 of 2015, s. 13.] 13
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