Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A84: Inspection requirement 

Date when the measure came into force

04 August 1967 

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

9. Inspection and taking of samples
(1) An inspector may at all reasonable times and on production, if required, of his authority—
(a) enter and inspect any premises, place or vehicle in which he has reasonable grounds for believing there is any fertilizer, animal foodstuff or sterilizing plant or records pertaining to the importation, manufacture or sale of a fertilizer or animal foodstuff or to the operation of such sterilizing plant;
(b) inspect and if he considers it necessary seize and remove any fertilizer or animal foodstuff and any books, records or documents found in or upon such premises, place or vehicle which pertain to the manufacture, importation, mixing, compounding or sale of fertilizers or animal foodstuffs or to the sterilizing of bones or other products of an animal carcass, and which he has reasonable cause to believe affords evidence of any contravention of any of the provisions of this Act or of any rules made there-under;
(c) take such samples in the manner prescribed of any fertilizers, animal foodstuffs, bones or other products of an animal carcass as he may deem necessary for the purpose of examination or analysis and call upon the occupier of the premises in which the fertilizer, animal foodstuff, bone or other product of an animal carcass lies, to provide him with such reasonable assistance as he may need for so doing.
(2) An inspector shall take such steps as are reasonably practicable to afford the owner of the fertilizer, animal foodstuff, sterilizing plant or records, as the case may be, and the occupier of the premises in which they are situated, an opportunity of being present when any inspection under this section is carried out.
(3) Where it is intended to submit for analysis any sample procured under paragraph (c) of subsection (1) of this section, the inspector procuring it shall before or as soon as possible after procuring it inform the owner of the fertilizer, animal foodstuff, bones or other product of an animal carcass, as the case may be, that he intends to have the sample analyzed.
(4) Where a sample has been taken by an inspector for analysis he shall divide it into three parts and cause each part to be marked, sealed and fastened up, and shall send two of the parts to the analyst together with a signed statement that the sample was taken in the prescribed manner, and the third part he shall deliver to the owner or seller as may be prescribed.
(5) In taking samples for analysis under this section the inspector shall follow the procedure prescribed.
(6) The right to privacy under Article 31 of the Constitution and the right to property under Article 40 of the Constitution shall be limited as specified under this section for the purposes of facilitating the safety of the public and the ensuring compliance with the provisions of this Act relating to importation, storage, distribution, sale or possession of fertilizers.
[Act No. 20 of 2015, s. 8.]
10. Analysis of samples by request
(1) Every inspector shall, on being requested in writing so to do by the purchaser of any animal foodstuff and, upon payment by the purchaser of the fee prescribed together with the cost of procuring the sample, procure a sample of any animal foodstuff and submit it for analysis by an analyst and thereafter forward to the purchaser the analyst’s certificate of such analysis: Provided that the inspector shall not be obliged to comply with such request unless the purchaser—
(i)makes his request within thirty days after the date upon which he took delivery of the animal foodstuff from the vendor thereof; and
(ii) first informs the inspector to whom he makes his request of his name and full postal address; and
(iii) stores the animal foodstuff which he requires to be sampled in such manner as the Cabinet Secretary may prescribe for the storage of animal foodstuffs until a sample has been procured by the inspector.
[Act No. 20 of 2015, s. 9.] 

Reference of the measure

Section 10 & 11 

Measure also domestic

No 

Products affected by the measure.

Description

Animal foodstuff 

Countries/Regions affected by the measure.