Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B31: Labelling requirements 

Date when the measure came into force

08 October 2007 

Publication where the measure is specified

LAWS OF KENYA TOBACCO CONTROL ACT CHAPTER 245A Revised Edition 2012 [2007] Published by the National Council for Law Reporting with the Authority of the Attorney-General 

Regulation where the measure is specified

Tobacco control Act, 2007 

Country/Region applying the measure

Kenya 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

21. Information required on packages
(1) No person shall manufacture, sell, distribute, or import a tobacco product unless the package containing the product displays, in the prescribed form and manner, such information as may be prescribed with respect to the product and its emissions and the health hazards or effects arising from the use of the product
or from its emissions.
(2) Every package containing a tobacco product shall—
(a)have at least two warning labels of the same health messages, in both English and Kiswahili, comprising of not less than 30% of the total surface area of the front panel and 50% of the total surface area of the rear panel, and both located on the lower portion of the package directly underneath the cellophane or other clear wrapping;
(b)bear the word “WARNING” appearing in capital letters and all text shall be in conspicuous and legible 17-point type, unless the text of the label statement would occupy more than seventy percent of such area, in which case the text may be of a smaller but conspicuous type size, provided that at least sixty percent of such area is occupied by the required text; and
(c)bear text that is black on a white background or white on a black background in a manner that contrasts by typography, layout or colour with all other printed material on the package.
(3) All the warning labels specified in the Schedule shall be randomly displayed in each twelve-month period on a rotational basis and in as equal a number of times as is possible, on every successive fifty packages of each brand of the product and shall be randomly distributed in all areas within the Republic of Kenya in which the product is marketed.
(4) The Minister may, by notice in the Gazette, prescribe that the warning,required under this section, be in the form of pictures or pictograms:Provided that such notice shall come into operation upon expiration of nine months from the date of its publication.
(5) Every package containing a tobacco product shall bear such statement as to the tar, nicotine and other constituents as may be prescribed and such statement shall be placed directly on the right hand side of the package, underneath the cellophane or other clear wrapping in a conspicuous and prominent format and shall be limited to the disclosure of the contents and not their quantities.
(6) A person who contravenes any of the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both. 

Reference of the measure

Part IV para 21 

Measure also domestic

No 

Products affected by the measure.

Description

tobacco product 

Countries/Regions affected by the measure.