Kenya
Law · Legislation

Food, Drugs and Chemical Substances Act (Chapter 254)

Summary:

The Chapter 254 is a legal act that provides for the prevention of adulteration of food, drugs and chemical substances and related matters. There are several amendments to this law and the text reflect these changes.

Description:

The Food, Drugs and Chemical Substances Act (Chapter 254), among its provisions, has important definitions for FULL purposes (Article 2):

  • Food: includes “any article manufactured, sold or represented for use as food or drink for human consumption, chewing gum”, and any ingredient related to these items;
  • Label: includes “any legend, work or mark attached to, included in, belonging to or accompanying any food”;
  • Package: includes anything in which any food is “wholly or partly placed or packed”;

In this sense, the legislations has general provistions regarding food in which it establishes:

  • The idea of deception (Article 4). This provision establishes that any person who “labels, packages, treats, processes, sells or advertises any food” should follow this legislation. Thereby, in case they violate any regulations made under this Act the person shall be guilty of an offence. This includes false, misleading or deceptive information as regards its “character, nature, value, substance, quality, composition, merit or safety”.
  • Food standards (Article 5). “Where a standard has been prescribed for any food, any person who labels, packages, sells or advertises any food which does not comply with that standard, in such a manner that it is likely to be mistaken for food of the prescribed standard, shall be guilty of an offence”.