Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B33: Packaging requirements 

Date when the measure came into force

22 November 2010 

Publication where the measure is specified

Kenya Gazette Supplement Act No. 4 of 2010 

Regulation where the measure is specified

The Alcoholic Drinks Control Act No. 4 of 2010 

Country/Region applying the measure

Kenya 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

32. Information required on packages
(1) Subject to this section, no person shall—
(a) manufacture;
(b) import;
(c) sell or distribute,an alcoholic drink unless the package containing the alcoholic drink conforms to the requirements of subsection (2).
(2) Every package containing an alcoholic drink shall—
(a) bear a statement as to its constituents; and
(b) have at least two of the health warning messages prescribed in the Second Schedule, in English or Kiswahili.
(3) The statement and health warning referred to in subsection (2) shall comprise not less than 30% of the total surface area of the package.
(4) All the warning labels specified in the Second 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 alcoholic drink and shall be randomly distributed in all areas within the Republic of Kenya in which the alcoholic drink is marketed.
(5) 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 six months from the date of its publication.
(6) The importer of an alcoholic drink which does not conform to the requirements of subsection (2) shall, at the point of importation, ensure that the imported alcoholic drink bears such sticker containing the warning messages specified under subsection (2) as may be prescribed.
(7) The requirements of this section shall not apply to an alcoholic drink which is manufactured in Kenya for export.
(8) A person who contravenes any of the provisions of this section commits an offence and shall be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both.
(9) This section shall come into operation upon expiration of six months from the date of commencement of this Act. 

Reference of the measure

Part IV section 32 

Measure also domestic

Yes 

Products affected by the measure.

Description

Alcoholic Drinks 

Countries/Regions affected by the measure.

Description

All countries