KENYA STANDARD  DKS/2983:2023 
ICS 67.050  
First  Edition  
  
 © KEBS 2023  
  
 
 
 
 
 
Genetically modified organisms and 
derived  products —  Labelling of seed  
 
 
                                                                                                    DKS/2983:2023 
TECHNICAL COMMITTEE REPRESENTATION  
The following organizations were represented on the Technical Committee:  
Kenya Plant Health Inspectorate Service(KEPHIS)  
Ministry of  Agriculture and Livestock  Development — Directorate  of Veterinary Services  
Ministry of Health  
Kenya Agricultural and Livestock Research Organization  
National Commission for Science, Technology & Innovation  
National Biosafety Authority  
Pest Control Products Board  
Kenya Medical Res earch Institute( KEMRI)  
International Livestock Research Institute (ILRI)  
University of Nairobi  
National Cereals and Produce Board  
Kenya Industrial Research and Development Institute (KIRDI)  
Kenya Bureau of Standards — Secretariat  
 
REVISION OF KENYA STANDARDS  
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improvements to published standards, addressed to the Managing Director, Kenya Bureau of Standards, are 
welcome.  
© Kenya Bureau of Sta ndards, 2022 
Copyright. Users are reminded that by virtue of Section 25 of the Copyright Act, Cap. 130 of 2001 of  the Laws of Kenya, copyright subsists 
in all Kenya Standards and except as provided under Section 25 of this Act, no Kenya Standard produced b y Kenya Bureau of Standards 
may be reproduced, stored in a retrieval system in any form or transmitted by any means without prior permission in writing f rom the 
Managing Director.                                                                                             DKS/2983:2023 
 
 
 
 
 
Genetically modified organisms and derived  
products — Labelling of seed  
 
Kenya Bureau of Standards, Popo Road, Off Mombasa Road,  
P.O. Box 54974 - 00200,  Nairobi, Kenya  
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                                                                                                   DKS/2983:2023 
Foreword  
This Kenya Standard was  prepared by the Biotechnology Technical Committee under the guidance of the  
Standards Projects Committee, and it is in accordance with the procedures of the Kenya Bureau of Standards.  
It provides guidelines for ensuring that labelling of seed derived from  genetically modified  organisms (GMOs) 
provides clear and factual information. The Labelling shall provide  information to seed producers, seed 
merchants and farmers in a manner to avoid misleading  and  thereby facilitating informed choice.  
 
During the preparation of this standard, reference was made to the following documents:  
Biosafety Act No 2. 2009.   
CAP 326  seed and Plant Varieties -  
Seeds and plant varieties Act of 2012   
 
Biosafety (labelling) Regulations 2012,  
KS CAC/GL 76 2011, Compilation of Codex texts relevant to labelling of foods derived from modern  
Biotechnology  
 
 KENYA STANDARD  DKS/2983:2023  
 
 © KEBS 2023  
 Genetically modified organisms and derived products — Labelling of 
Seed  
 
1 Scope  
 
This draft  Kenya  standard provides guidance  for labelling of genetical ly modified  (GM) seed  for cultivation.  
 
 
2 Application  
 
2.1 This standard shall apply to seed  derived from genetically modified organisms that have been authorized 
by the National Biosafety Authority  and Kenya Plant Health and Inspectorate Service ( KEPHIS)  for cultivation . 
 
 
2.2 This standard shall not apply to seed  containing genetically modified organis ms and derived products in  
proportions of less than the threshold defined by the Biosafety (labelling) regulations of the Biosafety Act  
2009, when tested in accordance with KS ISO 21570: 2005.  
 
 
3 Normative references  
The following referenced documents are  indispensable in the application of this standard:  
 
Biosafety (Labelling) Regulations, 2012  
 
Seeds and plant varieties Act of 2012   
 
KS ISO 21570, Foodstuffs - methods of analys is for detection of genetically modified organisms and derived  
products - Quantitative nucleic acid based methods  
 
 
4 Definitions  
 
For the purpose of this standard , the following definitions shall  apply:     
KENYA STANDARD  DKS/2983:2023  
 
© KEBS 2023  – All rights reserved   
 4.1 
conventional counterpart  
 
shall be  a related seed , for which there is experience of establishing safety based on common use as food, 
feed or ingredient.  
 
4.2 
claim  
 
shall be any representation which states, suggests or implies that a seed has part icular qualities relating to its  
value for cultivation and use.  
 
4.3 
denomination  
shall be a name or designation given to a variety, which is its generic designation to enable it to be identified 
as  registered by KEPHIS . 
 
4.4  
Seed  
That part of the crop species which is used for propagation either as seed in botanical sense which is 
developed from a fertilized ovule or a seedling or some other parts such as corm, cutting, bulb, root scion, set, 
split, tuber, or stem which is not a seed in a botanical sens e and which is used for vegetative propagation  
 
4.5 
Genetically modified  seed  
shall be  seed produced from, in whole or in part from genetically modified plants . 
 
4.6 
genetic modification  
Shall be the use of novel combination of genetic material obtained through the use of modern biotechnology 
techniques including:  
a) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of  
nucleic acid into cells or organelles, or  
b) fusion of cells beyond the taxonomic f amily, that overcome natural physiological reproductive or 
recombinant barriers and that are not techniques used in traditional breeding and selection  
 
4.7 
labelling  
shall be any written, printed or graphic matter that is present on the labe l to ensure correct identification of any 
container of  GM seed  
 
 4.8 
refugia seed  
is a seed of same species that is planted nearby/within/between/ the GM crop to counter development of 
resistance in the target pest. Refugia helps maintain a population of unmutated target pest that is expected to 
cross breed with any muta nt that develop resistance to  Bt( Bacillus thuringiensis ) toxin thereby keeping most 
of the pests susceptible.  
 
4.9 
unique identifier  
shall be a simple numeric or alphanumeric code which serves to identify a genetically modified organism on 
the basis of the authorized  transformation event from which it was developed and providing the means to 
retrieve  specific information pertinent to that genetically modified plant    
KENYA STANDARD  DKS/2983:2023  
 
© KEBS 2023 – All rights reserved  3 
 5 General requirements  
 
Labelling of seed  derived from genetically modified plants shall be considered after they  have undergone 
appropriate GM seed authorization and certification  
 
5.1 Seed derived from genetically modified plants offered to the user shall be  
authorized for use in Kenya in accordance with Biosafety Act 2009 and its implementing regulations.  
 
 
6 Labelling requirements  
 
Labelling of seed  derived from GM  plants  shall be consistent with the requirements of , seeds and plants 
varieties act    and Biosafety labelling regulations of 2012  
 
 
6.1  In addition to the label ling requirements of the seed  and plant varieties A ct , seed  containing or derived 
from genetically modified plants  displayed for  sale, labelling shall include the statement “genetically modified”  
in the same font size as  listed characteristics  
  
 
6.2 Labelling information shall indicate the value  for cultivation and use which the seed  from genetically 
modified plant differs from the conventional counterpart.  Value for cultivation includes but not limited to pest 
resistance,  disease tolerance, drought tolerance, improved nutritional value, high yielding, herbicide tolerance, 
stress tolerance  
 
6.2.4 Where the seed  derived from genetically modified plants differs in mode of application , 
storage or  preparation; clear instruction s shall be provided appropriately . 
 
6.2.6 Where there is common knowledge on the identity of the product by way of a unique identifier or a  
denomination or any other internationally accepted identifier, that identity shall be indicated.  
 
 
6.4 Where refugia  is mixed,  percentages of refugia and percentage of GM seed  shall be indicated on the  
seed container  or seed label as applicable.  
  
 
 
7 Prohibition on claims  
 
The following type of claims shall not be made:  
 
7.1 Claims which cannot be substantiated.  
 
7.2 Where a seed  is declared to be GMO free, there shall be proof that no genetically modified  
material is detected at the level of less than 0.1% of total ingredients when tested according to KS ISO 21570  
 
7.3 Claims that are not in conformity with the su itability of the seed  in conformity with  
Cap 324  
 
7.4 Claims which could give rise to doubt about the safety of similar seed  or which could arouse or exploit fear  
in the consumer                                            DKS/2983:2023  
4 © KEBS: 2020  – All rights reserved