Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A21: Tolerance limits for residues of or contamination by certain (non-microbiological) substances 

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

C: Protection of life and health of plants 

Description of the measure

12. Deleterious ingredients
(1) Any person who sells a fertilizer or animal foodstuff containing deleterious ingredients shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months, unless he proves—
(a) that he did not know and could not with reasonable care have known that the fertilizer or animal foodstuff contained a deleterious ingredient; and
(b) where he obtained the fertilizer or animal foodstuff from some other person, that on demand by or on behalf of the prosecutor he gave all the information in his power with respect to the person from whom he obtained it, and as to any statement given to him and any mark applied to the fertilizer or animal foodstuff when he obtained it:Provided that proceedings for an offence under this section shall not be instituted unless the fertilizer or animal foodstuff has been sampled by an inspector in the prescribed manner on the premises on which it was sold and the sample has been analyzed in accordance with the provisions of this Act and of any rules made thereunder.
(2) Any substance prohibited by rules made under paragraph (b) of subsection (1) of section 19 of this Act shall, if present in a fertilizer or animal foodstuff or, where a percentage limit has been prescribed by such rules, if present in excess of that limit, as the case may be, be deemed to be a deleterious ingredient unless the contrary is proved. 

Reference of the measure

Section 12, subsection b (2) 

Measure also domestic

No 

Products affected by the measure.

Description

Fertilizers 

Countries/Regions affected by the measure.