Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A14: Authorization requirement for sanitary and phytosanitary reasons for importing certain products 

Date when the measure came into force

02 January 2014 

Publication where the measure is specified

The Republic Of Kenya, Laws of Kenya,FERTILIZERS AND ANIMAL FOODSTUFFS ACT CHAPTER 345 

Regulation where the measure is specified

Fretilizers and Animal Foodstauff Act 23 of 1962 Revised Edition 2014 [2012] 

Country/Region applying the measure

Kenya 

Coded list of objectives

B: Protection of life and health of animals 

Description of the measure

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.
(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
(ii) the container thereof was branded, labelled, marked or sealed in the prescribed manner; and
(iii) 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 

Reference of the measure

Sections 3 (1),(2) &(3) 

Measure also domestic

No 

Products affected by the measure.

Description

fertilizer or animal foodstuff 

Countries/Regions affected by the measure.