An Act of Parliament to provide for the coordination of public institutions in the control of food and feed safety, to establish the office of the Food Safety Controller and to provide for the role of county governments in food and feed safety.
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
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| Clause 2 Interpretation | “feed” means processed, semi-processed or raw material which is to be consumed directly by an animal which is consumed as food or an animal whose produce is capable of being consumed as food. | Defining this term helps protect the health and well-being of both animals and consumers. Ensuring the safety and quality of animal feed is vital for preventing illnesses, promoting animal welfare, and safeguarding food products derived from animals. |
“feed business” means the production, manufacture, storage or distribution of feed, feed ingredient, feed additive or feed supplement. | A clear definition of this term helps safeguard public health by ensuring that feed businesses produce safe and nutritious feed products. Feed is a critical component of the food supply chain, as it directly affects the quality and safety of animal-derived products consumed by humans. |
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We propose that the terms “feed additive” and “feed supplement” are defined in clause 2 of this Bill. The terms have been used in the Bill without a definition being provided. |
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“feed ingredient” means a component or any combination of components used in the production of feed and includes a feed additive. | A precise definition of “feed ingredient” is crucial for accurate product labeling. This ensures that farmers have clear information about the composition of feed products they are purchasing for their animals. Secondly, this helps the relevant authorities develop quality control measures to ensure that feed ingredients meet specific standards for safety, purity, and nutritional content. This helps maintain the overall quality of animal feed. |
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“feed safety” means all measures that ensure that feed will not cause harm to an animal which is consumed as food or to an animal whose produce is capable of being consumed as food, when the feed is consumed in accordance to the recommended use of the manufacturer of the feed. | The safety of animal products (For example, meat, milk, eggs etc.) depends on the safety of the feed consumed by the animals. Contaminated or unsafe feed can lead to the presence of pathogens in animal products. This poses risks to human health if consumed. |
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“food” means a processed, semi-processed or raw substance which is consumed by a human being and includes drinking water and a substance which has been used in the production, manufacture, preparation, or treatment of food but does not include a cosmetic, tobacco or a substance used as drugs. | Defining "food" helps protect consumers by ensuring that all products intended for human consumption are subjected to food safety standards and inspections. This is particularly important for safeguarding public health and preventing foodborne diseases. |
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“food business” means the production, processing, storage or distribution of food but does not include the domestic preparation, handling or storage of food for consumption within a residence. | A standardized definition of this term is essential for domestic and international trade of food products. It aligns with international standards, facilitating the export and import of food while ensuring consistency in product categorization. |
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“food safety” means measures taken to ensure that food shall not cause harm to a consumer when consumed according to its intended use. | The inclusion of this definition ensures that food products meet safety and quality standards. This reduces the risk of substandard or unsafe food products entering the market. |
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“hazard” means any biological, chemical, or physical agent or condition of food or feed which is capable of causing an adverse health effect. | Having a clear definition of this term is important for assessing and managing risks associated with food and feed products. It enables authorities, businesses, and stakeholders to identify and evaluate potential sources of harm and to develop strategies to effectively mitigate those risks. |
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“multi annual control plan” means a plan which: a. specifies information on the structure, roles, and responsibilities of the competent authorities; and b. provides an overview of how the competent authorities safeguard the health of the Members of the public, animal, and plant health, protects consumers. | A multi annual control plan enables long-term planning for infrastructure development and capacity building, ensuring that regulatory agencies have the capabilities and tools needed to effectively enforce food safety and feed safety. Secondly, a multi annual control plan clearly states the functions of the competent authorities to ensure they do not perform tasks that are ultra vires. |
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“official control” means a regulatory activity by a competent authority that: a. provides protection to a consumer during the production, handling, storage, processing and distribution of food or feed; and b. ensures food or feed is safe, wholesome, and fit for human consumption, and conforms to the quality and safety requirements for the conduct of food business or feed business. | Meeting quality and safety requirements is essential for international trade. Compliance with international standards is often a prerequisite for exporting food products and feed products to other countries, ensuring access to global markets. |
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“risk analysis” means a process which consists of risk assessment, risk management and risk communication. | Risk analysis provides decision-makers with comprehensive information about potential risks and their consequences. This enables informed decision-making that considers both the benefits and drawbacks of various options. |
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“risk assessment” means a scientifically based process which consists of the: a. identification of a hazard; b. characterisation of a hazard; c. assessment of the exposure to the hazard; and d. characterisation of the risk. | Risk assessments help identify potential hazards in food and feed products. This enables regulatory agencies and businesses to implement measures to reduce or eliminate these hazards. This results in safer food and feed products for consumers and animals. |
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“risk communication” means the interactive exchange of information and opinions throughout a risk analysis on the risk-related factors, risk perceptions of risk assessors, risk managers, consumers, industry, the academic community and other interested parties, and the explanation of risk assessment findings as the basis of risk management. | Risk communication provides stakeholders with the information they need to make informed decisions regarding their safety, health, and well-being. It ensures that individuals have the knowledge to take appropriate actions to mitigate risks. |
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“risk management” means the process of evaluating policy alternatives, in consultation with interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair-trade practices, and, if needed, selecting appropriate prevention and control options. | Risk management enables organizations to develop strategies to mitigate or control identified risks. This includes measures to reduce the likelihood of risk occurrence and minimize the impact of adverse events. Secondly, effective risk management helps minimize financial losses and liabilities associated with risk events. |
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Clause 3 Object of this Act | The object of this Act is to: a. effectively coordinate the performance of the functions of competent authorities; and b. enhance accountability in the implementation of official control. | Objects outline the goals or aims that the Bill seeks to achieve. By clearly stating the objects of the Bill, it helps in interpreting and understanding its provisions. To conclude, objects ensure that the Bill is effectively implemented, applied consistently, and aligned with its intended purposes. |
Clause 4 Application of this Act | This Act shall apply to every competent authority and evert person conducting food business or feed business. | A Bill that clearly defines its scope provides clarity and ensures that there are no differing interpretations on the scope of the Bill. |
Clause 5 Guiding principles | The guiding principles for the implementation of this Act shall be: a. the protection of human life and health; b. the protection of consumer interests in the conduct of food business and feed business; c. the promotion of the use of scientific based risk analysis; d. the promotion of food safety and feed safety; e. the promotion of fair-trade practices in the conduct of food business and feed business; and f. efficiency in the performance of official control. | Guiding principles provide clarity about the intent and purpose of the Bill. They help Parliament to articulate the fundamental values and goals the Bill aims to achieve, ensuring consistency in its interpretation and application over time. |
PART II-OFFICE OF THE CONTROLLER |
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Clause 6 Establishment of the office of the Controller | There is established the office of the Food Safety Controller which shall be a body corporate with perpetual succession and a common seal, and in its corporate name shall be capable of: a. suing and being sued; b. acquiring or disposing of movable and immovable property; and c. performing such acts as may be performed by a body corporate. The office of the Controller shall be designated as a state office in accordance with Article 260(q) of the Constitution. | The purpose of this clause is to give the office of the Controller legal capacity to act in its own name. |
Clause 7 Appointment of the Controller | There shall be a Food Safety Controller who shall be appointed by the President, with the approval of Parliament. Whenever a vacancy arises in the office of the Controller, the Public Service Commission shall initiate the recruitment process. Within seven days of the vacancy referred to in section (2) occurring, the Public Service Commission shall invite applications from persons who qualify for nomination and appointment for the position of the Controller. The Public Service Commission shall within twenty-one days of receipt of applications under subsection (3): a. consider the applications received to determine their compliance with this Act; b. shortlist qualified applicants; c. publish and publicise the names of the applicants and the shortlisted applicants; d. conduct interviews of the shortlisted persons in an open and transparent process; e. nominate three qualified applicants in the order of merit for the position of Controller; and f. submit the names of the persons nominated under paragraph (e) to the President. | For sub-clause (1), we propose that the Food Safety Controller is appointed through a fair, transparent, and competitive process. A fair, transparent, and competitive appointment process ensures that candidates are evaluated based on their qualifications, skills, and experience. This helps to attract and select the most suitable individual, contributing to the overall effectiveness and efficiency of the organization. Secondly, this proposal will ensure that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. |
For sub-clause (4) (c), we propose that the names of the shortlisted applicants be published in the Kenya Gazette. This ensures that members of the public are aware of the candidates shortlisted for the vacant position. |
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Clause 8 Qualifications of the Controller | A person shall qualify to be appointed as the Controller if that person: a. holds a Master’s degree in a discipline related to food safety or feed safety; b. has at least fifteen years’ experience working in a field related to food safety or feed safety; c. has at least five years’ experience working in a senior management position; and d. meets the requirements of Chapter Six of the Constitution. The Controller may be appointed for a term of three years and shall be eligible for reappointment for a final term of three years. | Specifying qualifications in the Bill provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. |
Clause 9 Functions of the Controller | The functions of the Controller shall be to: a. coordinate the competent authorities through the implementation of the multi annual control plan; b. coordinate the development and review of a multi annual national control plan; c. monitor and evaluate the implementation of a multi annual control plan at the national level; d. liaise with competent authorities to identify and advise on policy gaps and inadequate regulation in food safety and feed safety; e. assess the adequacy of food safety and feed safety preparedness and make recommendations to the relevant competent authority; f. establish an information management system for food safety and feed safety in the country; g. verify that competent authorities have put in place systems for effective official control; h. prepare an annual report on the state of food safety in Kenya; and i. perform such other duties as may be necessary to ensure food safety and feed safety. | Clearly stating the functions of the Controller ensures that he/she does not perform tasks that are ultra vires. |
Clause 10 Vacancy in the office of the Controller | The office of the Controller shall become vacant if the Controller: a. dies; b. resigns from office by notice in writing addressed to the President; or c. is removed from office in accordance with section 11. | Stating the reasons for a position being vacant is important for transparency, communication, and effective human resource management within an organization. |
For paragraph (c), we propose the addition of the words “of this Act” immediately after the words “section 11”. This proposal enhances clarity by removing the ambiguity present in the paragraph. |
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Clause 11 Removal from the office of the Controller | The Controller may be removed from office on the grounds of: a. violation of Chapter Six of the Constitution; b. gross misconduct in the performance of the functions of the Controller; c. incapacity to perform the functions of the Controller due to a physical or mental illness; d. being an adjudged bankrupt; or e. being convicted of an offence and sentenced to a term of imprisonment exceeding six months. A person who desires the removal of the Controller on any ground specified under subsection (1) shall present a complaint to the Public Service Commission setting out the alleged facts constituting that ground. Subject to Article 47 of the Constitution, the Public Service Commission shall consider the complaint and, if satisfied that the complaint discloses a ground under subsection (1), the Public Service Commission shall: a. investigate the matter expeditiously; b. report on the facts; and c. make a recommendation to the President. Prior to any action under sub-section (3), the Public Service Commission shall: a. inform the Controller, in writing, of the reasons for the intended removal; and b. offer the Controller an opportunity to put in a defence against the alleged grounds. | For sub-clause (1) (e), we propose the deletion of the word “an” appearing after the words “convicted of” and replacing it with the words “a criminal”. This proposal is consistent with the wording used in other legislation. |
Sub-clause (4) is silent on whether the decision of the Public Service Commission is final. We propose allowing the Controller to appeal the decision of the Public Service Commission to the High Court with its decision being final. Incorporating this change will ensure there is an end to litigation. |
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Clause 12 Staff of the office of the Controller | The Controller, in consultation with the Public Service Commission, shall employ such members of staff as are necessary for the discharge of the functions of the Controller on such terms of service as the Controller in consultation with the Salaries and Remuneration Commission may determine. | The inclusion of the Salaries and Remuneration Commission is a good proposal. This proposal will be in line with Article 230 (4) (a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. |
Clause 13 Remuneration of the Controller | The Controller shall be paid such remuneration or allowances as the Salaries and Remuneration Commission may determine. | This proposal will be in line with Article 230 (4) (a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. |
Clause 14 Delegation by the Controller | The Controller may delegate the performance of any of the functions of the Controller to any member of staff of the Office of the Controller as the Controller deems necessary. | Delegation optimizes resource allocation. It ensures that tasks are assigned to the most suitable individual, maximizing the use of available skills and expertise. |
Clause 15 Protection from personal liability | The Controller or a member of staff of the office of the Controller, or a person acting on the directions of the Controller, shall not be personally liable to any action, claim or demand whatsoever for any matter or thing done in the performance of the functions of the Office of the Controller and in good faith. Subsection (1) shall not relieve the office of the Controller of the liability to pay compensation or damages, for loss or injury to a person or property, in the performance of the functions on the Office of the Controller. | This means that the Controller or a member of staff of the office of the Controller can be held liable for acts not done in good faith. |
PART III-FOOD SAFETY AND FEED SAFETY BY COUNTY GOVERNMENTS |
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Clause 16 Functions of a county government | The functions of a county government in relation to food safety and feed safety in the respective County shall be to: a. implement and enforce food safety and feed safety measures; b. license and exercise official control of persons who conduct food business and feed business; c. conduct capacity building on food safety and feed safety; d. conduct public awareness on matters food safety and feed safety; e. prepare county food safety and feed safety reports; f. provide a platform for the consultation and cooperation of the county governments and stakeholders in the implementation of a multi annual control plan; g. conduct audits to ascertain compliance and enforcement of food safety and feed safety measures; h. coordinate food safety and feed safety activities; i. regulate and enforce official control; and j. monitor and evaluate implementation of the multi-annual control plan. Each county government shall at least thirty days before the end of a financial year, prepare an annual report on the state of food safety and feed safety in the respective County and submit the report to the Controller. | Listing the functions of the county government in food and feed safety fosters transparency in its operations. It allows citizens and stakeholders to understand the county government’s role and expectations. Secondly, identifying the county government’s functions helps allocate resources efficiently. It ensures that the county government has the necessary funding, personnel, and infrastructure to effectively carry out its food and feed safety responsibilities. |
PART IV-FOOD SAFETY AND FEED SAFETY CONTROL AND COORDINATION |
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Clause 17 Multi annual control plan | The office of the Controller, in consultation with the competent authorities and county governments shall develop and review a multi annual control plan as a basis and mechanism for official control. | We propose that the multi annual control plan undergoes public participation. Public participation brings together a diverse range of perspectives and expertise. Consumers, industry representatives, scientists, and advocacy groups can offer valuable insights and identify potential issues that regulators did not consider. |
Clause 18 Verification of mechanisms to enforce of food and feed safety requirements | The Controller shall verify that a competent authority has mechanisms to enforce the requirements of food safety or feed safety in accordance with the international standards of food and feed safety. The scope of the verification conducted by the Controller shall include the: a. conduct of inspections; b. taking of samples and conducting analyses; c. staff health and hygiene; d. examination of the records; and e. issuance of certificates, permits, and licenses. Upon conducting a verification under sub-section (1), the Controller shall prepare a report and submit the report to the Cabinet Secretary responsible for the competent authority. | International standards promote harmonization and uniformity in food and feed safety requirements. This simplifies international trade by ensuring that products meet consistent safety standards, facilitating the movement of goods across borders. Secondly, when food and feed products meet recognized international safety standards, consumers gain confidence in the safety and quality of those products. |
For the heading of this clause, we propose the deletion of the word “of”. This proposal ensures the heading is clear and grammatically correct. |
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Clause 19 Overlap in functions of competent authorities | The Controller in consultation with the competent authorities shall advise where an overlap occurs in the performance of their functions under their respective legislation. | Overlapping functions can lead to conflicts or misunderstandings. Offering advice can help mediate these conflicts by clarifying roles and responsibilities. |
Clause 20 Audit of food safety or feed safety mechanisms | The Controller shall conduct an audit of the food safety or feed safety mechanisms of a competent authority to ascertain compliance and enforcement. The Controller in liaison with the competent authorities, shall develop the criteria for conducting the audit under subsection (1). Upon conducting an audit under subsection (1), the Controller shall prepare an audit report and submit the report to the Cabinet Secretary responsible for the competent authority. | Audits identify potential risks and vulnerabilities in the competent authority's processes. By addressing these risks, the competent authority can proactively prevent issues before they become major problems, reducing the likelihood of food safety crises and the associated economic and health impacts. |
We propose that the audit is conducted on a regular basis. Regular audits provide opportunities for the competent authorities to identify areas for improvement in its food and feed safety systems. These audits help the competent authorities stay current with evolving best practices and adapt to changing regulatory requirements. Secondly, frequent audits enable the competent authorities to assess emerging risks and vulnerabilities in real-time. This allows for timely corrective actions and risk mitigation strategies to be implemented, reducing the likelihood of food and feed safety incidents. |
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Clause 21 Verification audit | The Controller shall conduct a verification audit to ascertain whether the systems established by a competent authority provide accurate certification, inspection, and validation of: a. the effective monitoring of compliance with set standards; b. the implementation of corrective measures including penalties, suspension and withdrawal of licenses; c. the sustainability of the system; d. the investigative powers of the competent authority; e. the registration conducted by the competent authority, where applicable; f. the confidentiality of the information held by the competent authority; g. the self-assessment persons conducting food business, where applicable; h. the self-assessment persons conducting feed business, where applicable; i. the effectiveness of the early warning system for food safety risks, where applicable; j. the effectiveness of the early warning system for feed safety risks; k. the effectiveness of the handling and resolution of complaints; l. the compensation mechanism; and m. such other matter as the Controller considers necessary. On conducting a verification audit and it is determined that the competent authority is in contravention of subsection (1), the Controller shall recommend corrective measures which are to be undertaken within the specified timelines. Where a competent authority does not implement the corrective measures recommended under subsection (2), the Controller shall notify the Cabinet Secretary responsible for the competent authority of the contravention. | We propose that the Controller conducts a verification audit on a regular basis. This ensures that the systems established by the competent authorities are up to date and meet international standards. |
Clause 22 Risk analysis | The Controller shall conduct risk assessment in relation to food hazards and feed hazards. Where an overlap of functions is discovered upon conducting a risk assessment under subsection (1), the Controller may conduct a risk management on an identified hazard. Upon conducting a risk management under subsection (2), the Controller, shall communicate the risk of the hazard to the relevant competent authority. The Controller, in consultation with competent authorities shall develop and maintain food safety and feed safety risk profiles for every region of the country. | The primary goal of risk assessment is to protect public health. By identifying and evaluating potential hazards associated with food and feed, risk assessment helps prevent illnesses, injuries, and even fatalities caused by the consumption of contaminated or unsafe food and feed products. Secondly, risk assessments provide a foundation for developing and implementing preventive measures. These measures can include improved food and feed processing methods, stricter quality controls, and enhanced monitoring to reduce or eliminate food and feed hazards. |
| For sub-clause (3), the mode of communication has not been stated. We propose that the Controller communicates the risk of the hazard to the relevant competent authority in writing. |
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Clause 23 Traceability | The Controller shall verify that a competent authority has an effective mechanism to enforce traceability requirements by persons conducting food business or feed business. | Traceability mechanisms enable competent authorities to track the movement of food and feed products throughout the supply chain. This ensures that contaminated or unsafe food and feed products can be quickly identified and removed from the market, preventing potential harm to consumers. |
Clause 24 Reference laboratory | The Controller in consultation with the relevant competent authorities shall designate a laboratory as a reference laboratory for confirmatory testing. Upon receipt of an adverse report, the results of an audit conducted under this Act or a complaint by a consumer, the Controller shall conduct confirmatory testing at a designated laboratory for food and feed safety control. | Reference laboratories are known for their precision and accuracy in testing. They use validated and standardized methods, ensuring that test results are reliable and consistent. This is especially crucial when confirming the safety and quality of food and feed products. Secondly, reference laboratories engage in research to develop new testing methods and improve existing ones. They stay at the forefront of technological advancements and emerging food and feed safety concerns, contributing to ongoing improvements in technology and knowledge. |
Clause 25 Report on food safety and feed safety | Every competent authority shall, at least thirty days before the end of a financial year, prepare and submit a report on the measures taken to ensure food safety or feed safety to: a. the relevant competent authorities; and b. the office of the Controller. On receipt of the reports under subsection (1), the Controller shall: a. analyse the reports and provide feedback to the competent authorities; and b. within three months after the end of a financial year, prepare an annual report on the state of food safety and feed safety in the Country. The Controller shall submit the report prepared under subsection (2)(b) to: a. the Cabinet Secretary; b. all the county governors; and c. the competent authorities. On receipt of the reports under subsection (3) (a), the Cabinet Secretary shall submit the reports to Parliament. | Reports outline the identification and assessment of risks related to food and feed safety. It also highlights the strategies and measures in place to manage and mitigate these risks, reducing potential harm to consumers. Secondly, reports provide a transparent account of the steps and actions taken to ensure food and feed safety. This builds trust with stakeholders, including consumers, regulatory authorities, and business partners. |
We propose that the report is made available to the public. This can be through publication in the Kenya Gazette. This will ensure members of the public are informed of the reports submitted to Parliament. |
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Clause 26 Appointment of compliance officers | The Controller shall appoint such compliance officers as are necessary for the proper discharge of the functions of the Controller from amongst the technical members of staff of the Office of the Controller. | The compliance officers will assist the Controller to perform his/her functions. This will ensure that the objectives of the Bill are met. |
Clause 27 Powers of compliance officer | A compliance officer may at all reasonable times: a. access and inspect land, premises, vessels or vehicles and make such enquiries as are necessary; b. inspect, examine, and make copies licences, registers, records and other documents relating to food safety; and c. take samples for analysis. A compliance officer shall identify himself when exercising the powers under subsection (1). | The powers of the compliance officers have been clearly stated to ensure that they do not perform tasks that that are ultra vires. |
PART V—FINANCIAL PROVISIONS |
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Clause 28 Funds of the Office of the Controller | The funds of the Office of the Controller shall consist of: a. moneys appropriated by Parliament; b. any grants, gifts, donations, or other endowments given to the office of the Controller; and c. such funds as may vest in or accrue to the office of the Controller in the performance of its functions under this Act or any other written law. | This clause indicates the methods in which the office of the Controller uses to raise funds for conducting its activities. |
Clause 29 Investment of funds | The Controller may invest the funds of the office of the Controller: a. in trust funds or in any other securities; b. by depositing moneys not immediately required for the performance of the functions of the Controller, with the approval of the National Treasury. | Investing surplus funds of the office of the Controller ensures prudent use of public resources in line with Article 201 (d) of the Constitution of Kenya, 2010. |
Clause 30 Annual estimates | At least three months before the commencement of each financial year, the Controller shall prepare the estimates of the revenue and expenditure of the office of the Controller for that financial year. Annual estimates. The annual estimates shall provide for all estimated expenditure of the office of the Controller for the financial year concerned, and in particular shall provide for: a. the payment of the salaries, allowances, pensions, gratuities, retirement benefits and other expenses of the members of staff or agents of the Office of the Controller; b. the payment of allowances and other expenses to the members of the staff of the Office of the Controller; c. the acquisition, maintenance, and repair of the property of the Office of the Controller; and d. the creation of reserve funds for future or contingent liabilities for retirement benefits, insurance, maintenance or replacement of property, or such other matters as the Controller deems necessary. The annual estimates shall be submitted to the Cabinet Secretary for tabling in Parliament for approval. | The annual estimates determine how much money is allocated to the office of the Controller by the National Assembly. |
Clause 31 Accounts and audit | The annual accounts of the office of shall be prepared, audited, and reported in accordance with the provisions of Article 226 of the Constitution, the Public Finance Management Act, 2012 and the Public Audit Act 2015. | This clause ensures that monies spent and raised by the office of the Controller can be tracked and accounted for. Secondly, we propose the addition of the words “the Controller” immediately after the words “office of”. This proposal seeks to enhance clarity and completeness. |
PART VI-MISCELLANEOUS PROVISIONS |
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Clause 32 Act to supersede other Acts | Where there is conflict between the provisions of this Act and the provisions of any written law with regard to the powers or functions of the Controller under this Act, the provisions of this Act shall prevail. | Without a provision specifying which statute takes precedence, conflicting statutes can lead to ambiguity and confusion. Individuals may be uncertain about which law to follow, leading to legal disputes and uncertainty in legal matters. |
Clause 34 Consequential amendments | The written law specified in the Second Schedule are amended in the manner specified in the Schedule. | The Bill seeks to amend other statutes to provide for the following: a. the definition of “controller” used in clause 2 of the Bill; b. the definition of “food” used in clause 2 of the Bill; c. the definition of “multi-annual control plan” used in clause 2 of the Bill; and d. the role of the Controller. The statutes that will incorporate the above proposals are as follows: a. the Public Health Act (Cap. 242); b. the Food, Drugs and Chemical Substances Act (Cap. 254); c. the Dairy Industry Act (Cap. 336); d. the Fertilizers and Animal Foodstuffs Act (Cap. 345); e. the Pest Control Products Act (Cap. 346) f. the Meat Control Act (Cap. 356) g. the Standards Act (Cap. 496); h. the Biosafety Act, 2009 (No. 7 of 2009); i. the Kenya Plant Health Inspectorate Service Act, 2012 (No. 54 of 2012.); j. the Agriculture and Food Authority Act, 2013 (No. 13 of 2013); k. the Fisheries Management and Development Act, 2016 (No. 35 of 2016); l. the Water Act, 2016 (No. 43 of 2016); and m. the Health Act, 2017 (No. 21 of 2017). To conclude, incorporating these proposals updates the relevant statutes and prevents a potential conflict of laws from arising in the future. |