Required Report - public distribution

**Date:** 7/27/2007

**GAIN Report Number:** KE7010

KE7010

**Kenya**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2007**

**Approved by:**

![](media/image1.wmf)Kevin N Smith

U.S Embassy

**Prepared by:**

Mary Onsongo

**Report Highlights:**

The passage of the Biosafety Bill 2007 into law is at an advanced stage.
Kenya has an approved National Biotechnology Policy.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Nairobi \[KE1\]

\[KE\]

TABLE OF CONTENTS

[I. FOOD LAWS 4](#i.-food-laws)

[Major Food Laws 4](#major-food-laws)

[II. LABELING REQUIREMENTS 4](#ii.-labeling-requirements)

[Labeling Requirements for GM Foods
5](#labeling-requirements-for-gm-foods)

[Labeling Requirements for Special Dietary Foods
6](#labeling-requirements-for-special-dietary-foods)

[Calorie Reduced Foods 6](#calorie-reduced-foods)

[Sodium Reduced Foods 7](#sodium-reduced-foods)

[III. PACKAGING AND CONTAINER REQUIREMENTS
7](#iii.-packaging-and-container-requirements)

[FULL CONTAINER LOAD (FCL) 7](#full-container-load-fcl)

[IV. PESTICIDE AND OTHER CONTAMINANTS
8](#iv.-pesticide-and-other-contaminants)

[V. OTHER SPECIFIC STANDARDS 8](#v.-other-specific-standards)

[Meat & Meat Products 8](#meat-meat-products)

[Plant Importation 8](#plant-importation)

[VI. COPYRIGHT/TRADEMARK LAWS 9](#vi.-copyrighttrademark-laws)

[VII. IMPORT PROCEDURE 10](#vii.-import-procedure)

**KENYA: Food IMPORT REGULATIONS AND STANDARDS**

Date of writing: August 2007

DISCLAIMER: This report has been prepared by the Office of Agricultural
Affairs of the USDA/Foreign Agricultural Service in Nairobi, Kenya for
U.S. exporters of domestic food and agricultural products. Every effort
was made to acquire accurate information but should there be information
that is not accurate either because policies have changed or clear and
consistent information was not provided FAS Nairobi is not responsible.
It is important that U.S. exporters verify the full set of import
requirements with Kenyan importers, who are able to link with the local
authorities for clarification and/or amplification as necessary.

Please contact this office if you have any comments, corrections or
suggestions about the material contained in this report.

U.S. Embassy

Foreign Agricultural Service/USDA,

P.O. Box 606, Village Market,

00621, Nairobi, Kenya,

Tel: 254 20 3636340/3636409,

Fax: 254 20 3636349

Nairobi, Kenya

Email: <AgNairobi@usda.gov>

# I. FOOD LAWS

Food laws are designed to ensure safety and protection of consumers from
food associated risks. In Kenya existing laws on food safety are
fragmented and appear in different institutions notably the Kenya Plant
Health Inspectorate Service (KEPHIS), Kenya Bureau of Standards (KEBS),
Department of Veterinary Services (DVS) and Ministry of Health. KEPHIS
is a regulatory agency for plant health protection and quality control
for agricultural inputs and produce. DVS has the mandate of animal
health protection. DVS and KEPHIS are the analogy of APHIS in the U.S.
KEBS prepares standards relating to products, certification of
industrial products and quality inspection at ports of entry among
others.

## Major Food Laws 

1.  Public Health Act Cap.242 Laws of Kenya.

2.  Radiation Protection Act Cap.243 Laws of Kenya (In the case of

> Irradiated Foods).

3.  Food Drugs & Chemical Substances Act Cap. 254

4.  Agriculture Act Cap 318

5.  Plant Protection Act Cap.324 (In case of Fruits & Vegetables)

6.  Seeds & Plant Varieties Act Cap. 326 (Imported seeds or seed crops
    with

> Potential to grow when planted)

7.  Dairy Industry Act Cap. 336

8.  Meat Control Act Cap. 356

9.  Animal diseases Act Cap. 364

10. Customs & excise Act Cap. 472

11. The Standards Act Cap 496 (KEBS has formulated about 4,4000
    standards in various fields of which 563 are food standards)

> 12\. Weights and measures Acts Cap. 513

Note: 1,2,3. are implemented by the Port Ministry of Health officials at
the ports of entry.

Note: 4,5,6. are implemented by KEPHIS at the ports of entry.

Note: 7 is implemented by Kenya Dairy Board in liaison with KEBS at the
port of entry.

Note: 8 is implemented by DVS in liaison with KEBS at the port of entry

Note: 9 is implemented by DVS in liaison with port Health officials at
the port of entry.

Note: 10 is implemented by the Ministry of Finance

Note: 11 Implemented by the Kenya Bureau of Standards (KEBS)

The inherent danger in such a scenario is the fragmented nature of
mandates of regulatory institutions. This hinders the efficiency in
providing timely response to the requirements of exporting countries.
Suggestions to form one independent reference body that coordinates all
issues on food safety under one Act have been floated in various fora
but implementation is not foreseen in the near future.

# II. LABELING REQUIREMENTS

Since July 1997, the Weights and Measures Act Cap 513 require that
products be labeled with metric measurements and packaged in even units.

Trademark name, date of manufacture, country of origin, expiry date and
storage instructions must be shown in **English** and/or **Kiswahili**.

Labeling requirements on the main panel shall be:

(i) The brand name or trade name (if any)

(ii) The Common name of the food

####### Note - The common name used shall indicate the true nature of the food.

(iii) \(a\) A correct declaration of the net contents in metric units
      according to "Weight and Measures Rule 1971 (sale labeling of
      Goods): found in Cap.513 of the Weights and Measures Act.

\(b\) In addition to the declaration of the net contents, a food
packaged in liquid medium shall carry a declaration in the metric system
of the drained weight of the food. For the purposes of this requirement,
a liquid medium means water, aqueous solution of sugar and salt, fruit
and vegetable juices in canned fruits and vegetables only, or vinegar,
either singly or in combination.

######## List of Ingredients 

Grouped together on any panel, every product shall bear a label
declaring on one place a complete list of ingredients, excluding water,
**in a descending order of proportion by mass**, except-

(a) as otherwise provided in a Kenya Standard

(b) in the case of dehydrated food which is intended to be reconstituted
    by the addition of water, the ingredients may be listed in order of
    proportion by mass in the reconstituted product provided that the
    list of ingredients is headed by a statement such as 'ingredients
    when reconstituted'

(c) in the case of food consisting of a single ingredient

The expiry date shall be clearly declared on the label and instructions
for the proper storage of the products, if different from ambient
conditions, shall be declared.

The name and address of one or more of the following shall be declared
on the label, together with an indication of the capacity in which he
has acted:

(i) Manufacturer

(ii) Packer

(iii) Distributor

(iv) Importer

(v) Exporter

(vi) Vendor

The country of manufacture of the product shall be declared.

Irradiated Food -- Food that has been treated with ionizing radiation
shall be so designated on the label.

**MINIMUM SHELF LIFE**

For imported foods the required minimum shelf life is 75% remaining upon
arrival in Kenya. If the shelf life is less than required, the goods
will be rejected.

## Labeling Requirements for GM Foods

KEBS stipulates that imported GMO foods be accompanied with a
certificate of analysis. KEPHIS requires additional declaration in
phytosanitary certificates stating the genetic modification status of
the product.

## Labeling Requirements for Special Dietary Foods

These are foods which are specifically processed or formulated to
satisfy particular dietary requirements which exist because of
particular physical or physiological condition and/or specific diseases
and disorders and which include foods for infants and young children.

Mandatory labeling of pre-packaged foods for special dietary uses
include;

1.  Name of the food (the designation 'special dietary, special
    dietetic' or an appropriate equivalent term may be used) and
    characterizing essential feature for which the food is intended.

2.  List of the ingredients in descending proportion

3.  Nutritional labeling -- which shall include

    a.  The amount of energy per 100g or 100ml of the food as sold/per
        specified quantity of the food as suggested for consumption
        expressed in Kilo calories

    b.  Grams of protein per 100 g or 100 ml

    c.  Available carbohydrate per 100 ml

    d.  Fat content

4.  Net Content and Drained weight

5.  Name and physical address of manufacturer, distributor, packer
    exporter, importer and vendor

6.  Country of Origin

7.  Lot Number or Batch Number

8.  Manufacturing date

9.  Expiry date

10. Fill of container

11. Storage instruction

12. Quantitative labeling of ingredients

13. Irradiated food must be declared

Claims must be avoided. I.e. this food is suitable for special dietary
use or food that has its own natural composition shall not be designated
as 'special dietary'

######## Carbohydrates or Sugar Reduced Foods

A special dietary food recommended for carbohydrates or sugar reduced
diets shall be a food that contains not more than 50% of the glycogenic
carbohydrates normally present in foods of the same class.

For purposes of this standard a food may be described as sugarless,
sugar free, low carbohydrates or by any synonymous terms it contains not
more that 0.25 % glycogenic carbohydrates. Where a statement or claim
relating to the carbohydrate, sugar or starch content is made on the
label of a food, the label shall carry a statement of the carbohydrate
content in grams per 100 g.

## Calorie Reduced Foods

Special dietary foods recommended for calorie reduced diets shall be
foods that contain not more than 50 % of the total calories normally
present in foods of the same class. For the purposes of this standard a
food may be described as 'low calorie' or by any synonymous term if it
contains not more than:

(a) 15 calories per average serving; and

(b) 30 calories in a reasonable daily intake

Where a statement or claim relating to the calories content is made on
the label of a food the label shall carry a statement of the calorie
content in calories per 100 g.

## Sodium Reduced Foods

The number of milligrams of sodium contributed by a reasonable daily
intake of a special dietary food recommended for a sodium-reduced diet
shall not exceed one-sixth the number of milligrams of sodium contained
in a reasonable daily intake of the same food. For purposes of this
standard a food may be described as 'low sodium' or by any synonymous
term if it contains not more than:

(a) 10 mg sodium in an average serving; and

(b) 20 mg sodium in a reasonable daily intake

Where a statement or claim relating to the sodium content is made on the
label of a food the label shall carry a declaration of the sodium
content in milligrams per 100 g.

######### 

######### 

######## Guidelines for Date Marking

The product should have the date clearly marked including the date of
manufacture (the date on which the food becomes the product as
described) and the date of packaging (the date on which the food is
placed in the container in which it will be ultimately sold). For
certain food products these dates will be the same. The sell by date,
use by date (recommended last consumption date -- Expiry date.

Storage Instructions -- In addition to the date, any special conditions
for the storage of food shall be indicated if the validity of the date
depends thereon. The following products shall bear prominently the date
marking, showing the last day, month and year on which the product may
be sold and the proper storage instructions.

# III. PACKAGING AND CONTAINER REQUIREMENTS

######## Packaging Material 

The product shall be packed in food grade containers, which shall
safeguard the hygienic and qualities of food.

## FULL CONTAINER LOAD (FCL)

The term FCL (Full Container Load) designates a container loaded with
goods pertaining to one single shipping consignment from one single
exporter to one single importer, regardless of the actual volume
occupied by the goods inside the container. Thus a FCL container can be
either partly or fully loaded. Any container which does not meet this
definition, is a LCL (Less than Full Container Load) and is not subject
to container loading inspection and sealing.

There are no packaging container size regulations for food products in
Kenya. Manufacturers may pack food in any size container. The only
restriction relate to the possible contamination of food from the
packaging. If package could contaminate food in any way it may not be
used.

# IV. PESTICIDE AND OTHER CONTAMINANTS

# 

The Pest Control Products Board (PCPB) (established under the Pest
Control Products Act, Cap, 346) regulates the importation and
registration of pest control products for use in the country. PCBP
relies on FAO guidelines for importation. They refer to the CODEX
standards for tolerance levels.

Packaging and Labeling: Follow FAO Guidelines on Good Labeling Practice.

Waste Disposal Methods: Guidelines are under development.

# 

# V. OTHER SPECIFIC STANDARDS

## Meat & Meat Products

Considering the numerous emerging animal diseases in various countries,
the Government of Kenya amended \'The Meat Control Act\' (Legal Notice
No. 28) to specify that all Meat and meat product imports to Kenya must
be approved by a permit delivered by the Director of Veterinary Services
of the Kenyan Ministry of Livestock. Imports are allowed after meeting
the stipulated sanitary requirements.

**Definition**: \'Meat Products\' includes comminuted meat which is
canned, preserved or otherwise treated in hermetic containers, to which
has been added any other permitted ingredient, or which has been
preserved, canned, cooked, cured or otherwise processed, and any other
derivative of meat.

For more information, Importers / Exporters are advised to consult the
[Kenya Gazette Supplement No. 8 and Legislative Supplement No. 8 dated
9th February 2001](http://www.cotecna.com/images/MEAT.TIF).

## Plant Importation

Kenya has set forth regulations/procedures for importation of any form
of plant material, such as seeds, cuttings, bud wood, fresh fruits,
flowers, plantlets, timber, and agricultural produce. These regulations
are enforced through the Plant Protection Act (Cap 324), The Suppression
of Noxious Weeds Act (Cap 325). These regulations are aimed at
protecting Kenya\'s agriculture from foreign pests of plants.

Importers of plant materials and other regulated articles must obtain a
Plant Import Permit (PIP) from KEPHIS prior to shipment of such plants
from the country of export regardless of whether the plant materials are
duty free, gifts or for commercial or experimental purposes. The permit
specifies the requirements for plant health and gives additional
declaration with regard to pre-shipment treatments. The original permit
must, therefore, reach the plant health authorities in the country of
export for adherence to Kenya\'s import requirements. All importers of
propagating/planting material must observe plant breeders rights.
Protected varieties should only be imported/used with the consent of the
breeders in accordance with requirements of Union for the Protection of
New Varieties of Plants (UPOV) of which Kenya is a member.

Any plant consignment arriving in Kenya should therefore be accompanied
by a copy of a permit from KEPHIS and a Phytosanitary certificate (plant
health certificate) in full adherence to the specifications set out in
the permit. Non-compliant consignments, irrespective of value, shall be
destroyed at the point of entry or shipped back to the country of origin
at the owners cost.

Genetically Modified Plants and Plant Products

Importation of genetically modified plants or plant products requires
authorization by the National Biosafety Committee before an import
permit is issued. The National Biosafety Committee formulates guidelines
and conditions for activities with GMO in conformance with provisions of
the Cartegena Protocol on Biosafety of which Kenya is a signatory. Kenya
has a Draft Biosafety Bill and an approved National Biotechnology
Policy. The National Biotechnology Policy 2006 outlines the safety
procedures for biotechnology in the context of research development,
technology transfer and commercialization of products. The passage of
the Biosafety Bill into law is at an advanced stage.

# VI. COPYRIGHT/TRADEMARK LAWS

## 

Kenya is a member of the World Intellectual Property Organization (WIPO)
[World Intellectual Property Organisation WIPO](http://www.wipo.int/)
and follows the Paris Convention for the Protection of Industrial
Property as well as the Madrid Convention Concerning the International
Registration of Marks. Kenya is also a member of the African Regional
Industrial Property Organization (ARIPO). [African Regional Industrial
Property Office ARIPO](http://aripo.wipo.net/) This is a regional
organization of 16 countries namely Kenya, Zimbabwe, The Gambia, Ghana,
Lesotho, Botswana, Somalia, Sudan, Tanzania, Uganda, Swaziland, Malawi
Mozambique, Sierra Leone, Namibia and Zambia. Kenya is a designated
state of Patent Cooperation Treaty (PCT). Inventors wishing to protect
their inventions in other African countries may file one application in
Kenya and designate any of these countries. An international application
may be made through the Patent Cooperation Treaty Countries. This means
that an applicant may file one application with Kenya Industrial
Property Institute (KIPI) and designate any of the member countries.

KIPI is a Government Department under the Ministry of Trade and
Industry. KIPI is responsible for examining, granting and registration
of industrial property rights and is mandated to implement two Acts of
Parliament namely the Industrial Property Act and the Trademarks Act Cap
506.

Patents: Patents are available for invention in all fields of technology
and are the principle for protecting ownership of any device, substance,
method of process, which is new, or inventive, they are protected under
the Industrial properties Act 2001, which offer 20 years, subject to
renewal.

Industrial Design: A new or original design may be registered for up to
fifteen years renewed after five years.

Trade Mark: Trade Marks may be protected for ten years and renewed
indefinitely upon request by registration under the Trade Marks Act Cap
506. U.S. exporters intending to market a product in Kenya are advised
to check with the trademarks office at KIPI to ensure that its mark or
name is not already in use.

Utility Models and Techno Visions: Protects any new technologies.

Copyrights: Copyrights are protected under the Copyright Act 2001. The
Attorney General's Chambers administer the legislation for automatic
rights to copyright

# VII. IMPORT PROCEDURE

Imports to Kenya may be entered under any of the following categories.

a)  For direct house use

b)  For warehousing

c)  For use in a bonded factory

d)  For transit

e)  For temporary importation

f)  For use in an export processing zone facility

Effective 29^th^ September 2005, Kenya bureau of Standards (KEBS)
implemented the Pre-Export Verification of Conformity to Standards
(PvoC) programme. This is a conformity assessment and verification
procedure applied to specific goods and products. KEBS appointed SGS and
Intertek to operate the PvoC on its behalf, depending on the country of
supply. The U.S is served by SGS.

All consignments listed as products covered
([http://www.kenyapvoc.com/#](http://www.kenyapvoc.com/)) must obtain a
certificate of conformity (COC) issued by the PVoC country offices prior
to shipment. The certificate is mandatory. In exceptional cases, at the
sole discretion of KEBS, consignments without COC undergo Destination
Inspection after receiving the appropriate application from the
importer. Such consignments will be subject to a penalty of 15 % of the
CIF value of the goods plus 15 % bond and the testing and inspection
costs. All other expenses incurred at destination will be bone solely by
the importer.

The primary objective of the PVoC is to ensure quality of products,
health and safety, and environment protection for Kenyans. PVoC
undertakes physical inspection prior to shipment, sampling testing and
analysis in accredited laboratories, audit of product process,
documentary checks and assessment of conformity to Kenyan standards.
Where there is no Kenya Standards international standards apply.

There are three routes for certification namely;

Route A: Consignment Inspection and Testing

Route B: Product Registration, Inspection and Limited Testing

Route C: Product Licensing

Route A is mainly for first time exporters, route B for frequent
exporters and Route C for manufacturing companies that are consistent
with shipment compliance. The website provides more details
([http://www.kenyapvoc.com/#](http://www.kenyapvoc.com/)).

**FEES**

Route A: 0.47 % of FOB value subject to a minimum of USD 180

Route B: 0.425 % of FOB value subject to a minimum of USD 180

Route C: 0.25 % of FOB value subject to a minimum of USD 135

######## Procedure 

IDF application services will be issued by KRA custom services. The IDF
form is sent to KEBS electronically by Kenya Revenue Authority (KRA).
KEBS passes it to partners in the U.S. case to SGS. SGS sends automated
request to exporter in the U.S. (Request for Certification (RFC)).
Exporter feels RFC and request for inspection depending on the route (A,
B or C). Conformity assessment activities are carried out by SGS and
they issue a certificate of Conformity (COC). A copy of COC is sent to
KEBS and the products are shipped. Imported goods will be subjected to
customs clearance procedures. Importers are encouraged to declare and
submit forms C52 reflecting the true amount and value of import.

The Customs and Exercise Department has embarked on an extensive
modernization program of electronic cargo tracking system, X-Ray
scanners and the newly acquired Customs Computer System nicknamed Simba.
The benefits include streamlining of cargo clearance procedures,
strengthening of customs controls among others (a paper less process).
The Simba 2005, shipping agent Manual of instructions can be found on
the web [http://kra.go.ke](http://kra.go.ke/).

A customs declaration in the prescribed form (C63) is a requirement for
clearance of imports. Import duties are then paid or a bond guarantee
executed if they satisfy all the requirements for entry for importation.
Bond guarantees are required for temporary importation of goods, goods
entered into a bonded warehouse, bonded factory, for transit or EPZ. In
all cases the guarantees are discharged on application and production of
proof that imports have been transited or entered into bonded factory as
the case may be.

######## Other Fees and Charges

Other than the Import Declaration Fee of 2.25 % of C.O.B. value,
agricultural imports are charged a fee of 1 % of C.I.F. value to support
KEPHIS. The Kenya Bureau of Standards charges an inspection fee of 0.2 %
of C.I.F. value on all imports.

######## Useful Resources

The following provide links to custom tariffs and other resources.

-   [EAC Common External Tariff
    2007](http://www.kra.go.ke/customs/pdf/EAC Externaltariff2007.pdf)
    (pdf)

-   [EAC Customs Management Regulations
    2006](http://www.kra.go.ke/customs/pdf/EACCustomsRegulations.pdf)
    (pdf)

-   [EAC Customs
    Forms](http://www.kra.go.ke/customs/customsdownloads.html)

-   [EAC Customs Management Act
    2004](http://www.kra.go.ke/customs/pdf/EAC Customs Management Act 2004.pdf)
    (pdf)

-   [EAC Gazette Legal Notice 15th Sept
    2005](http://www.kra.go.ke/customs/pdf/EAC Gazette Legal Notice 15th Sept 2005.pdf)
    (pdf)

-   [EAC Common External Tariff
    2005](http://www.kra.go.ke/customs/pdf/EAC External Tariff.pdf)
    (pdf)

-   [Customs Tariffs
    2005/2006](http://www.kra.go.ke/customs/pdf/CustomsTariffs05-06.xls)
    (XLS)

-   [Customs & Excise Act CAP
    472](http://www.kra.go.ke/customs/pdf/CustomsAndExciseAct2001.pdf)
    (pdf)

-   [EAC Customs Union
    Protocol](http://www.kra.go.ke/customs/pdf/EACCustomsUnionProtocol.pdf)
    (pdf)

MAJOR REGULATORY AGENCIES

**1. Kenya Plant Health Inspectorate Service (KEPHIS)**

Office of the Managing Director

PO Box 49592, Nairobi\
PH: 884545/882308/882933\
FX: 882265\
<kephis@nbnet.co.ke>

[http://www.kephis.org](http://www.kephis.org/)

**2. Kenya Revenue Authority**

Office of the Commissioner General

Times Tower Building, 30^th^ Floor

P.O. Box 48240 -- 00100 GPO

Nairobi, Kenya

Tel: 254 20 2817700/7800, 254 20 343342

Fax: 254 20 341342

Email: <cic@kra.go.ke>

[http://www.revenue.go.ke](http://www.revenue.go.ke/)

**3. Kenya Bureau of Standards (KEBS)**

Managing Director

P.O. Box 54974, 00200 Nairobi

Tel: +54 20 502211, 502543/45, 602350/1

Fax: +254 20 503293

Email: <info@kebs> .org

Website: [www.kebs.org](http://www.kebs.org/)

4\. Director of Veterinary Services

Private Bag 00625, Kabete

Nairobi

Tel: +254 20 631383/2231/1287

Fax:+254 20 631273

Email: [**cvfovetlabs@kenyaweb.com**](mailto:cvfovetlabs@kenyaweb.com)

**5.** **Ministry of Trade and Industry**

Kenya Industrial Property Institute

P.O. Box 51648, 00200

Nairobi

Tel: +254 20 602210/11

Fax: +254 20 606312

Website: [http://www.kipo.ke.wipo.net](http://www.kipo.ke.wipo.net/)

Email: <Kipi@swiftkenya.com>

**6.** **Attorney-General's Chambers**

P.O. Box 40112, 00200

Tel: +254 20 227461

Fax:+254 20 315105

Nairobi

**7.** **Pest Control Products Board**

Chief Executive Secretary,

P.O. Box 13794, 00800,

Nairobi

Tel: +254 20 4450242/4446115

Fax:+254 20 4449072

Email: <pcpboard@todays.co.ke>

# 

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