Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B33: Packaging requirements 

Date when the measure came into force

11 May 1965 

Publication where the measure is specified

Act No: CAP. 254 Act Title: FOOD, DRUGS AND CHEMICAL SUBSTANCES 1965 

Regulation where the measure is specified

Food, Drugs and Chemical Substances Act. 

Country/Region applying the measure

Kenya 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

9. Deception
Any person who labels, packages, treats, processes, sells or advertises any drug in contravention of any regulations made under this Act, or in a manner that is false, misleading or deceptive as regards its character, constitution, value, potency, quality, composition, merit or safety, shall be guilty of an offence.
10. Standards of drugs
(1) Where a standard has been prescribed for a drug, any person who labels, packages, sells or advertises any substance in such a manner that it is likely to be mistaken for that drug shall be guilty of an offence unless the substance is the drug in question and complies with the prescribed standard.
(2) Where a standard has not been prescribed for a drug but a standard for the drug is contained in any of the publications specified in the Schedule, any person who labels, packages, sells or advertises any other substance or article in such a manner that it is likely to be mistaken for such drug shall be guilty of an offence.
(3) Any person who labels, packages, sells or advertises any drug for which no standard has been prescribed, or for which no standard is contained in any of the publications specified in the Schedule, shall be guilty of an offence unless such drug—
(a) is in accordance with the professed standard under which it is labelled, packaged, sold or advertised; and
(b) does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or which is contained in any of the publications specified in the Schedule. 

Reference of the measure

Part II para 9 &10 

Measure also domestic

Yes 

Products affected by the measure.

Description

Drugs 

Countries/Regions affected by the measure.

Description

All countries