Food and Agricultural Import Regulations and Standards

An Expert's View about Agriculture and Animal Husbandry in Kenya

Posted on: 12 Jan 2012

Exporting U.S. commodities and food products to Kenya can be quite straight forward, because of a 2005 Kenyan initiative called the Pre-Export Verification of Conformity (PVoC).

THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY Required Report - public distribution Date: 12/15/2011 GAIN Report Number: Kenya Food and Agricultural Import Regulations and Standards – Narrative 2011 FAIRS Country Report Update Approved By: Stephen Hammond Prepared By: FAS/Nairobi Staff Report Highlights: Exporting U.S. commodities and food products to Kenya can be quite straight forward, because of a 2005 Kenyan initiative called the Pre-Export Verification of Conformity (PVoC). Once certified by a Kenyan- contracted agent, the exports may enter the Kenyan market with great certainty and at minimal risk of rejection or unanticipated import requirements. Sections Updated: I. Food Laws; and Appendix I. Section I. Food Laws The Government of Kenya (GOK) encourages export certification of almost all foods before they are exported to Kenya for human and animal consumption. Exporters and consolidators of U.S. food products may obtain a certificate of conformity (COC) through the GOK’s PVoC. The GOK maintains inspection contracts with Société Générale De Surveillance S.A. (SGS) and Intertek International Ltd to operate its PVoC program for North American exports. Exporters and consolidators can ship products covered under the PVoC to Kenya without receiving a COC, but these exports will be subject to inspection at the port of entry. The cost of the inspection will be approximately 15 percent of the CIF value of the product/s. The GOK will also require that the exporter post a bond equal to 15 percent of the CIF value. The GOK excludes some products like fresh fruits, seeds, nuts and vegetables from the PVoC (check http://www.kenyaPVoC.com/Product_Inquiry/ for the full list). Nonetheless, the PVoC-excluded products/goods must meet all relevant Kenyan standards at the port of entry. However, for these foods that do not require a COC, exporters and consolidators may still request a COC from the PVoC agent, as a means of minimizing potential port-of-entry problems. FAS Nairobi has identified 20 major Acts of Parliament governing food safety that are administered principally by the Kenya Plant Health Inspectorate Service (KEPHIS), the Kenya Bureau of Standards (KEBS), the Department of Veterinary Services (DVS), Pest Control and Product Board (PCPB), the National Biosafety Authority (NBA), and the Ministry of Public Health and Sanitation (MOH). The PVoC agent evaluates U.S. exports to Kenya vis-à-vis the following Acts: Major Food Laws 1. Public Health Act Cap.2421 2. Radiation Protection Act Cap.243 (In the case of irradiated Foods)1 3. Food, Drugs and Chemical Substances Act Cap. 2541 4. The Agriculture Act Cap 3182 5. The Agriculture Produce (Export) Act Cap.3192 6. Plant Protection Act Cap.324 (In case of Fruits & Vegetable 2s) 7. The Seed and Plant Variety (NPT) Regulations, 20092 8. Suppression of Noxious Weeds Act 3252 9. The Seeds & Plant Varieties Act Cap. 326 (Imported seeds or seed crops with potential to grow when planted)2 10. Dairy Industry Act Cap. 3363 11. Meat Control Act Cap. 3564 12. Animal Diseases Act Cap. 3645 13. Customs & Excise Act Cap. 4726 14. The Standards Act Cap 4967 15. Weights and measures Acts Cap.5138 16. The Industrial Property Act Cap. 5098 17. Trademarks Act Cap. 5068 18. Pest Control Products Act Cap. 3469 19. Fisheries Act Cap. 37810 20. Biosafety Act 200911 [1] Implemented by Ministry of Public Health and Sanitation at the ports of entry [2] Implemented by KEPHIS (Ministry of Agriculture) at the ports of entry [3] Implemented by the Kenya Dairy Board (Ministry of Agriculture) at the ports of entry [4] Implemented by DVS and KEBS (Ministries of Livestock and Industrialization, respectively) at the ports of entry [5] Implemented by DVS and Department of Public Health at the ports of entry [6] Implemented by the Kenya Revenue Authority (Ministry of Finance) at the ports of entry [7 and 8] Implemented by KEBS at the ports of entry [9] Implemented by the PCPB (Ministry of Agriculture) [10] Implemented by the Ministry of Fisheries Development [11] Implemented by NBA (Ministry of Higher Education, Science & Technology) and KEBS at the ports of entry Section II. Labeling Requirements A. General Requirements The GOK requires an English label on all consumer-ready foods, which should include metric weights and measurements in even numbers, a brand/trade name, common name, list of ingredients, date of manufacture, expiry date/sell by, storage instructions (as shown by the below product photo), name and address of manufacturer, country of origin and grade designation where applicable. Here below please find frequently asked questions and responses that will help the reader understand Kenyan import requirements as applied by the PVoC agent. Q: What languages(s) are required and/or permitted on the product label? A: The GOK requires English on the label, but permits any other language, or a combination of languages. In Kenya it is common to see imported food products with English and Arabic or Chinese Language labeling. Q: Can U.S. consumer-ready products enter the Kenyan market without altering the U.S. label under which the product would normally be marketed in the United States? A: In addition to all of the information provided by the U.S. label, the GOK requires the products to carry an Import Standardization Mark (ISM) that KEBS provides free-of-charge once the product qualifies for a COC. Q: Can the ISM or any other additionally-required labeling be affixed, or must it be incorporated into the original label for the product? A: The GOK permits stick-on labels as noted in the above photograph. Q: Must stick-on labels be applied before product export or may they be applied at the port of import or at the point of sale? A: The stick-on labels may be applied at any point prior to retail sale. Q: Are there instances where standard U.S. labels or claims thereon might be considered false or misleading? A: To this date, there has not been a single reported incident of a standard U.S. food-product label having been deemed false or misleading. Q: U.S. food product labels will carry a “best before date” (shelf life) but does the GOK require that the product enter Kenya with a predetermined percent of that shelf life remaining for marketing to Kenyan consumers? A: All imported food products must have a minimum remaining shelf life of 75 percent of the shelf life indicated on the label upon arrival in Kenya. Q: Does the GOK grant exceptions to their labeling regulations? A: There are a great variety of different labels, label content, and style on imported food product in Kenya, but all seem to carry the standard Kenyan labeling requirements. There may be exceptions, but we are not aware of a formal process whereby an exporter might ask for an exception. B. Other Specific Labeling Requirements For this section, “Other Specific Labeling Requirements” will include nutritional labeling, health claims made on labels, and any requirement to notify a specific process used to produce the consumer-ready food product. Q: U.S. consumer-ready food products meet at least specific minimal nutritional-labeling requirements. Are the U.S. minimal nutritional labels sufficient for the Kenyan market? A: The GOK requires nutritional labeling based on a uniform 100 grams of product. U.S. consumer- ready food product producers label nutrition based on portion size. However, the GOK has not insisted that U.S. nutritional labels be changed to reflect the nutritional content per 100 grams. Q: Are subjective nutrient content claims (i.e. low in saturated fat) or absolute descriptors (i.e. high fibre, low fat) permitted in GOK labeling regulations? A: The GOK requires that, where a consumer-ready food product carries a subjective or descriptive claim, it must be supported by a nutritional breakdown of the specific attribute being described i.e. “this product is low in saturated fat, containing only three grams of saturated fat per 100 grams of total fat.’’ Q: Does the GOK permit health claims on labels, i.e. “heart healthy?” A: At this time, the GOK does not preclude any such health claims on consumer-ready labels. Q: Does the GOK require that foods produced using novel processes be labeled to reflect the process? A: Irradiated foods must be so designated on the food container. C. Genetically Modified Organisms (GMOs) Labeling Standard This section addresses the GOK’s mandatory labeling requirements for GMOs. These requirements and precise labeling language are found in the Kenya standard KS 2225:2010 Labeling of food and feed, included in Appendix III. Q: Which products are covered under this standard? A: This standard applies to GMO food, feed or ingredients produced from, in whole or in part from GMOs. Q: Which products are not covered under this standard? A: This standard does not apply to fully refined foods, feed or ingredients, with altered characteristics, where the effect of the refining process is to remove the genetically modified protein or gene. This standard also does not apply to food, feed or their ingredients contining GMOs and derived products in proportions of less than 5% of the total weight of the product. Q: What are the labeling requirements for products of GMOs? A: Where a food or feed consists of a single ingredient or where there is no list of ingredients; the words “genetically modified” or “produced from genetically modified (name of the ingredient or organism) shall be in the labeling information. For example: “Soybean (genetically modified)” “Maize flour produced from genetically modified (maize)” “Soy protein isolate (genetically modified)”, Where a food or feed consists of more than one ingredient the words “genetically modified” or “produced from genetically modified (name of the ingredient) shall appear on the list of ingredients to indicate the ingredient that is genetically modified. For example: Ingredients: Soy protein isolate (genetically modified) Maltodextrin Vegetable oil Emulsifier Water Q: Does the GOK require any additional labeling for GMOs. A: Please see Appendix III for information related to possible other labeling requirements for foods containing GMOs. Section III. Packaging and Container Regulations The following section treats potential technical barriers to trade associated with Kenya’s packaging and container size or material requirements and the recycling thereof. Q: Many U.S. consumer-ready foods are marketed in containers specific to the U.S. market based on a certain number of ounces, pounds, for fluid ounces. Can Kenyan importers of these products market them in the same containers, or must a specific container be used to comply with GOK container/packaging requirements? A: Kenyan importers may market U.S. consumer-ready product in its original packaging/container without alteration regardless of the container or package size. Q: Are there any special municipal waste disposal laws or product-packaging recycling regulations that U.S. exporters need to be aware of, or prepared for, in the Kenyan marketplace? A: Neither the GOK nor the regional local Governments currently require consumer-product package recycling. Q: Does the GOK restrict or limit any packaging materials for consumer-ready products? A: The GOK regulates the wood pallets often-times used to ship food products, but not the materials in which the food are packaged. GOK requires solid wood packaging material be treated or fumigated (International Standards for Phytosanitary Measures #15). Section IV. Food Additives Regulations Food additives and the regulation thereof remain an important variable when considering a country’s openness to trade within the context of protecting the health of its population. Recent protein- adulteration cases have highlighted the importance of understanding the role and disclosure of additives. But not all developing countries have the capability to regulate and monitor additives in food. Q: Has the GOK established specific regulations to regulate additives in food? A: KEBS regulates food additives through the Food, Drugs and Chemicals Substances Act http://www.kenyalaw.org/kenyalaw/klr_home/ and KS 660 series (Guidelines to the safe use of food additives) found at http://www.kebs.org/catalog_results.php. Where there are no specific GOK guidelines, KEBS follows the CODEX approved food additives as references to regulate food additives. Q: Does Kenya maintain a positive and/or negative list of food additives? A: Kenya has both positive and negative lists for food additives. The lists are not yet available “on line,” but may be purchased from any regional or national KEBS office. Q: Are there any special use requirements or restrictions for additives on the positive list? A: The GOK restricts on the use of all food additives in baby food. Food additives used as oxidants, sweeteners, colorants, curing agents, flavor enhancers, flavorings or preservatives, in a given food stuff must appear on the label. The common chemical name of the product should be used on the label. Q: Will the GOK accept the list of CODEX-approved food additives for imported consumer-ready food products? A: Where an additive isn’t listed in GOK regulations, KEBS relies, and requires that the PVoC agent rely on the CODEX list. Section V. Pesticides and Other Contaminants Pesticide and contaminant regulation in food varies from continent-to-continent and from country-to- country, even when those countries form part of a bigger trade block. Many developing countries lack the technical expertise and appropriate technology to regulate and/or test for pesticides and contaminants in food. Q: Has the GOK formulated pesticide contaminant regulations for food? A: The GOK promulgated pesticides and contaminants regulations for consumer-ready foods and commissioned KEBS and/or KEPHIS to oversee this aspect of Kenya’s food safety. Q: Does the GOK use both positive and negative lists as with the case for food additives? A: Kenya does regulate on the basis of both positive and negative lists that are available at regional and national KEBS and KEPHIS offices, but not yet available “on line.” Q: For the pesticides appearing on the positive list, does the GOK establish maximum residue levels (MRLs)? A: Where the GOK does not list pesticides and contaminants MRLs, KEBS and KEPHIS use CODEX MRLs. Section VI. Other Regulations and Requirements Non-tariff barriers can be imposed at varying points along the farm-to-fork food chain and with great imagination. This section identifies “other” regulations that might have potential to impede trade in agricultural products. Q: What are the GOK’s inspection requirements at the point imported food reaches Kenyan borders? A: The level of inspection required by the GOK at the port of entry depends on the food and whether the food product has received a COC Food products that enter with a COC do not require inspection, even though they may be inspected at random. Q: Does the GOK require that consumer-ready food products be registered before being sold in the domestic market? A: The GOK provides that a food product with homogeneous production methods be registered annually with the PVoC agent, so that shipments within that year need only be inspected randomly by the PVoC agent, but otherwise does not provide for or require product registration. Q: Do all consumer-ready food products and food commodities require laboratory testing to ensure conformity with Kenya import standards? A: For products covered under the PVoC, the PVoC agent makes the determination in accordance with the contract with the GOK. The GOK requires that a food product meet all Kenyan standards before qualifying for a COC, and, therefore, product testing should be expected. Q: Are product samples shipped via express mail or parcel post subject to import regulations? A: Product samples (except live plants or seeds) shipped via express mail or parcel post are not subject to import regulations but are subject to custom handling charges that are based on the value of product. Q: Does the GOK monitor food products at wholesale or retail distribution points? A: Reportedly KEBS conducts random surveillance and requires non-conforming products to be recalled by the producer. Section VII. Other Specific Standards Non-tariff barriers are often imposed through specific and unique standards. This section treats “Specific Standards” that might impede trade in agricultural products. Q: Are there any special standards, legislation, or ordinances that might impede or increase the cost of importing food? A: The GOK requires non-scientifically based import permits for meat, dairy, poultry and their products. Section VIII. Copyright and/or Trademark Laws Intellectual property rights (IPR) laws and regulations are a rarity in developing countries, and where they exist, they are poorly enforced. Exporters must be aware that IPR protection can be difficult-to- impossible and that includes in Kenya. Q: Does the GOK have laws that protect trademarks and brand names of foreign-produced food products? A: The GOK provides for trademark and brand name registration in Kenya. Kenya Industrial Property Institute (KIPI) http://www.kipi.go.ke/index.php/about-trademarks registers product via an application. Q: Is there a statute of limitations on trademarks and brand names? A: Trademarks are registered for ten years initially and may be renewed indefinitely upon request. Section IX. Import Procedures While an exporter may comply with each and every regulation on the books of a given country, exporting may still be exceedingly difficult, if the final port of entry import procedures are designed to make importing difficult or expensive. Q: Once I have complied with all the testing and labeling requirements, and received my COC, what should I expect at the Kenyan port of import? A: Below, please find a description of the expected import procedures flow: The importer will notify a clearing agent (CA) of arrival date of cargo; The CA notifies the Kenya Revenue Authority (KRA) via its on-line clearing system (Simba). The importer must use a KRA appointed CA; The CA obtains the arrival date and manifest number and enters into the Simba; The CA sends the manifest number to KRA, who posts number to the specified Kenyan bank; The CA pays the relevant taxes using HS Codes and VAT rates where applicable; The KRA agent clears and confirms entry of the cargo to the CA; The CA uses KRA confirmation to pay the various port charges at the Kenya Ports Authority (KPA); The CA uses the KPA documents and any related import permits to request clearance from KEPHIS, KEBS, port Health and the local police; and, The KPA conducts a final physical verification of the cargo before releasing it into the domestic market. The entire customs clearance process takes a minimum of three days. Should an exporter/importer be dissatisfied, KRA has an appeals system http://www.kra.go.ke/vat/vatassessments.html Appendix I. Government Regulatory Agency Contacts 1. Kenya Plant Health Inspectorate Service (KEPHIS) Office of the Managing Director P.O. Box 49592-00100, Nairobi. Kenya Tel: (254-20) 3597201/2/3, 3536171,3536172 Cell: (254) 722516221, 0723786779, 0733-874274, 0734874141 Fax: (254-20) 3536175 Email: kephisinfo@kephis.org Website: http://www.kephis.org Products regulated: planting material (seeds, cuttings, etc.) and agricultural produce 2. Kenya Bureau of Standards (KEBS) The Managing Director P.O. Box 54974-00200 Nairobi, Kenya Tel: (254-20) 6948000, 6005490, 6005610, 6005550,6005573,6005573,6005574 Cell: (254) 722202137/8, 0734600471/2 Fax: (254-20) 6004031,6009660 Email: info@kebs.org Website: www.kebs.org Products regulated: processed food products 3. Director of Veterinary Services Private Bag 00625, Kabete Nairobi, Kenya Tel: (254-20) 8043441,2044363 Cell: (254) 733783746 Fax:(254-20) 631273 Email: veterinarydepartment@yahoo.com Products regulated: meat and poultry products 4. Ministry of Public Health and Sanitation Director of Public Health and Sanitation P.O. Box 30016, Nairobi, Kenya Tel: (254-20) 2717077 Fax: (254-20) 2713234 Website: www.health.go.ke 5. Pest Control Products Board Chief Executive Secretary, P.O. Box 13794-00800, Nairobi, Kenya Tel: (254-20) 4450242/4446115 Fax: (254-20) 4449072 Email: pcpboard@todays.co.ke or md@pcpb.or.ke 6. Ministry of Industry The Managing Director Kenya Industrial Property Institute P.O. Box 51648-00200 Nairobi, Kenya Tel: (254-20) 6002210/11 Fax: (254-20)6006312 Website: http://www.kipi.go.ke/ Email: info@kipi.go.ke 7. Kenya Revenue Authority Office of the Commissioner General Times Tower Building, 30th Floor P.O. Box 48240-00100 GPO Nairobi. Kenya Tel: (254-20) 2817700/7800,343342 Fax: (254-20) 341342 Email: cic@kra.go.ke Website: http://www.kra.go.ke 8. Kenya Ports Authority The Managing Director P.O. Box 95009-80104 Mombasa, Kenya Tel: (254-41) 2112999/2113999 Cell: (254-20) 720202424 Email: micd@kpa.co.ke Website: http://www.kpa.co.ke 9. National Biosafety Office National Focal Point National Council for Science and Technology (NCST) Utali House, Uhuru Highway P.O. Box 30623 Nairobi, Kenya Tel. +254-20-318249 Fax: +254-20-318249 Appendix II. Other Import Specialist Contacts SGS North America Inc. Governments & Institutions Services 7769 NW 48th St., Suite 250 Doral, FL 33166 Tel: +1 305-592-0410 Ext. 1091 / 1207 Fax: 305-592-6925 Email: Mrs. Claudia Martinez/Carmen Andrade SGS Kenya Limited Victoria Towers, 2nd floor, Kilimanjaro Ave Upper Hill P.O. Box 72118-00200 Nairobi, Kenya Tel: (254 -20) 273 3693-99 Fax: (254-20) 273 3664 Website: http://www.ke.sgs.com/ Intertek – North America Tel: + 1 800 967 5352 Intertek PVoC contact address link- http://www.intertek.com/contact/americas/unitedstates/ Intertek - Government Services Kenya House of Vanguard, Chiromo Road,Westlands Nairobi, Kenya, 00621 Tel: (254-20) 4449 132 Fax: (254 -20) 4 49 212 Email: info.nairobi.gs@intertek.com Government Chemist – Nairobi The Director P.O. Box 30014-00100 Nairobi, Kenya Tel: (254-20) 2725806/7 Fax: (254-20) 2717567 Email: gchemist@wananchi.com Government Chemist – Mombasa Officer-in-charge P.O. Box 819, Mombasa, Kenya Tel: (254-20) 2080906 Appendix III. Kenya Standard KS 2225:2009 KENYA STANDARD KS 2225: 2009 ICS …….... GENETICALLY MODIFIED ORGANISMS AND DERIVED PRODUCTS – LABELLING OF FOOD AND FEED KENYA BUREAU OF STANDARDS (KEBS) Head Office: P.O. Box 54974, Nairobi-00200, Tel.: (+254 020) 605490, 602350, Fax: (+254 020) 604031 E-Mail: info@kebs.org, Web:http://www.kebs.org Coast Region Tel.: (+254 051) 210553, 210555 P.O. Box 99376, Mombasa-80100 Fax: (+254 041) 229448 Tel.: (+254 041) 229563, 230939/40 Lake Region P.O. Box 2949, Kisumu-40100 Tel.: (+254 057) 23549, 22396 Fax: (+254 057) 21814 Rift Valley Region P.O. Box 2138, Nakuru-20100 Foreword This Kenya Standard was prepared by the Biotechnology Technical Committee under the guidance of the Standards Projects Committee, and it is in accordance with the procedures of the Kenya Bureau of Standards. It provides guidelines for ensuring that labelling of food, feed and ingredient derived from genetically modified organisms (GMOs) provides clear and factual, information to protect consumer’s health and ensure fair practices in trade. Labelling plays an important role in providing information to consumers and thereby facilitating informed consumer choice. The information should be provided in a manner to avoid misleading the consumer. During the preparation of this standard, reference was made to the following documents: Biosafety Act No 2. 2009. CAC/GL 1-1979, General Guidelines on Claims CAC/GL 2-1985, Guideline on Nutritional Labelling Codex Stan 1-1985, General Standard for Labelling of Pre-packaged Foods KS CAC/GL 23-1997, Guidelines for Use of Nutrition and Health Claims KS CAC/GL 44-2003; Principles for Risk Analysis of Foods Derived from Modern Biotechnology KS CAC/GL 45-2003, Guidelines for the Conduct of Food Safety Assessments of Foods Derived from Recombinant-DNA plants KS CAC/GL 46-2003, Guideline for the Conduct of Food Safety Assessment of Foods Produced Using Recombinant-DNA Microorganisms KS CAC/GL 68-2008, Guideline for the Conduct of Food Safety Assessment of Foods Derived from Recombinant- DNA Animals Standard 1.5.2, Food Produced Using Gene Technology Issue 112; Australia New Zealand Food Standards Authority KS-40 Parts 1-2:1990, Labelling of Pre-packaged Foods Regulation (EC) No 1829/2003 of the European parliament and the Council on Genetically Modified Food and Feed KS 2182:2009, Code of Practice for handling; transfer and use of Genetically Modified Organisms and Derived Products Acknowledgement is hereby made for the assistance derived from these sources. © KEBS 2009 — All rights reserved GENETICALLY MODIFIED ORGANISMS AND DERIVED PRODUCTS – LABELLING OF FOOD AND FEED 1 Scope This standard provides guidelines for labelling of genetically modified organisms (GMOs) and derived products intended for use as food, feed or ingredients 2 Application 2.1 This standard shall apply to labelling of genetically modified food, feed or ingredients that have been authorized for consumption but 2.2. Shall not apply to: a) Fully refined foods, feed or ingredients, with altered characteristics, where the effect of the refining process is to remove the genetically modified protein or gene. b) Food, feed or their ingredients containing genetically modified organisms and derived products in proportions of less than 5% of the total weight of the product. 3 Normative references The following referenced documents are indispensible in the application of this standard: KS-40 Parts 1-2: 1990, Labelling of Pre-packaged Foods KS CAC/GL 23-1997, Guidelines for Use of Nutrition Claims KS CAC/GL 44-2003, Principles for Risk Analysis of Foods Derived from Modern Biotechnology KS CAC/GL 45-2003, Guidelines for the Conduct of Food Safety Assessments of Foods Derived from Recombinant-DNA plants KS CAC/GL 46-2003, Guidelines for the Conduct of Food Safety Assessment of Foods Produced Using Recombinant-DNA Microorganisms KS CAC/GL 68-2008, Guidelines for the Conduct of Food Safety Assessment of Foods Derived from Recombinant-DNA Animals KS 2182:2009, Code of Practice for handling, transfer use of Genetically Modified Organisms and Derived Products 4 Definitions For the purpose of this standard, and in addition to the terms defined in KS 40 Parts 1-2: 1990 and KS 2182: 2009, the following definitions shall apply: 4.1 Conventional counterpart shall be a related organism/variety, its components and/or products for which there is experience of establishing safety based on common use as food, feed or ingredient. 4.2 Denomination 4.3 Food, feed or ingredient derived from genetically modified organism shall be a food, feed, or ingredient produced from, in whole or in part from genetically modified organisms. 4.4 Genetic modification shall be a collection of techniques which are used to alter the heritable genetic material of living cells or organisms in a way that does not occur naturally by multiplication and/or recombination. 4.5 Labelling shall be any written, printed or graphic matter that is present on the label, accompanies the food or is displayed near the food including that for the purpose of promoting its sale or disposal. 4.6 Unique identifier shall be a simple numeric or alphanumeric code which serves to identify a GMO on the basis of the authorised transformation event from which it was developed and providing the means to retrieve specific information pertinent to that GMO. 5 General requirements Labelling of food, feed or ingredients containing genetically modified organisms or products derived from genetically modified organisms shall be considered after they have undergone appropriate food safety assessment in accordance with KS CAC GL 44: 2003, KS CAC GL 45: 2003, KS CAC GL 46: 2003 and KS CAC GL 68: 2008. 5.1 Food, feed or ingredient derived from genetically modified organisms offered to the consumer shall be authorized for use in Kenya in accordance with KS 2182:2009. 5.2 Any person offering food, feed or ingredient derived from genetically modified organisms for sale shall demonstrate that it has been authorised in accordance with section 5.1. 6 Labelling requirements Labelling of food, feed, or ingredients containing or derived from GMOs shall be consistent with the requirements of KS 40 Parts 1-2:1990, KS CAC/GL 1-1979 and KS CAC/GL 23-1997. 6.1 Where food, feed or ingredient containing or derived from genetically modified organisms is displayed for sale, labelling shall include the statement “genetically modified”. 6.2 Labelling information shall indicate a change in composition, nutritional value, intended use, and any other characteristics or properties which the food, feed, or ingredient derived from genetically modified organism differs from the conventional counterpart. 6.2.1 Where a food or feed consists of a single ingredient or where there is no list of ingredients; the words “genetically modified” or “produced from genetically modified (name of the ingredient or organism) shall be in the labelling information. For example; “Soybean (genetically modified)” “Maize flour produced from genetically modified (maize)” “Soy protein isolate (genetically modified)”, 6.2.2 Where a food or feed consists of more than one ingredient the words “genetically modified” or “produced from genetically modified (name of the ingredient) shall appear on the list of ingredients to indicate the ingredient that is genetically modified. For example: Ingredients: Soy protein isolate (genetically modified) Maltodextrin Vegetable oil Emulsifier Water 6.2.3 Where food, feed or ingredient derived from genetically modified organism contains a new factor known to cause allergic response in particular sections of the population, the presence of the allergen shall be declared in the labelling information. 6.2.4 Where the food, feed, or ingredient derived from genetically organism differs in intended use, mode of storage, preparation or cooking; clear instructions shall be given on its use, storage and preparation. 6.2.5 Where the origin of genetic material used in the modifications may raise objections based on religious or cultural dietary restrictions, such origin may be declared. 6.3 Where there is common knowledge on the identity of the product by way of a unique identifier or a denomination or any other internationally accepted identifier, that identity may be indicated. 7 Prohibition on Claims 7.1 Claims which cannot be substantiated 7.2 Claims that are not in conformity with the suitability of the food, feed or ingredient in conformity with KS CAC/GL 23-1997 7.3 Claims which could give rise to doubt about the safety of similar food or which could arouse or exploit fear in the consumer.
Posted: 12 January 2012

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