The Food and Feed Safety Control Coordination Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Office of the Food and Feed Safety Controller Established
Clause 6 establishes the Office of the Food and Feed Safety Controller as a body corporate. Under Clause 7, the Controller is appointed by the President with National Assembly approval for a term of three years, eligible for reappointment once. Under Clause 9, the Controller coordinates competent authorities through the implementation of a multi-annual national control plan.
Devolved Roles for County Governments
Clause 16 obligates county governments to implement and enforce food safety measures, license food businesses, conduct audits, and raise public awareness. Counties must prepare and submit an annual food and feed safety report to the Controller at least 30 days before the end of each financial year.
Systematic Traceability and Reference Laboratories
Clause 23 mandates that competent authorities ensure food and feed business operators meet traceability requirements. Under Clause 24, the Controller, in consultation with competent authorities, designates reference laboratories for confirmatory testing in the event of adverse audits or consumer complaints.
Appointment of Compliance Officers
Clauses 26 and 27 empower the Controller to appoint compliance officers from the technical staff of competent authorities. These officers have the authority to access and inspect land, premises, vessels, and vehicles, take samples for analysis, and inspect relevant licenses and registers.
Bill No.
Bill No. 21 of 2023
Gazette No.
Supplement No. 75 of 2023
Sponsor
JAMES KAMAU MURANGO
Background
Kenya's food safety regulatory landscape has historically faced coordination challenges, with overlapping mandates across multiple public agencies. More than 80% of food is traded in informal markets, and inadequate surveillance has contributed to public health risks like aflatoxin and heavy metal contamination. The Food and Feed Safety Control Coordination Bill, 2023, addresses these gaps by establishing a centralized coordination mechanism through a designated Food and Feed Safety Controller.
Key Amendments
To establish a harmonized national control system, the Bill makes consequential amendments (Second Schedule) to several existing statutes, embedding the role of the Controller and the requirement to conduct audits under the multi-annual control plan across every sector:
- Public Health Act (Cap. 242): Integrates the Controller into food safety definitions and mandates the Medical Department to conduct audits and implement control plans.
- Food, Drugs and Chemical Substances Act (Cap. 254): Aligns definitions of "food" and "Controller" and mandates the Board to perform audits on food traceability and implement multi-annual control plans.
- Dairy Industry Act (Cap. 336): Mandates audits of dairy producers, processors, and distributors.
- Fertilizers and Animal Foodstuffs Act (Cap. 345): Introduces audits of traceability mechanisms for the production and distribution of animal foodstuffs.
- Pest Control Products Act (Cap. 346): Introduces traceability audits for persons dealing in pest control products.
- Meat Control Act (Cap. 356): Adds mandatory audits of traceability mechanisms at slaughterhouses, processing plants, and meat export/import facilities.
- Standards Act (Cap. 496): Integrates traceability audits for persons using standardization marks.
- Biosafety Act, 2009 (No. 2 of 2009): Imposes audit obligations on the transfer, handling, and use of genetically modified organisms.
- Kenya Plant Health Inspectorate Service Act, 2012 (No. 54 of 2012): Embeds traceability audits for seed merchants, growers, and other registered entities.
- Agriculture and Food Authority Act, 2013 (No. 13 of 2013): Adds audit requirements for agricultural products, excluding livestock.
- Fisheries Management and Development Act, 2016 (No. 35 of 2016): Introduces traceability audits for fish and fish products.
- Water Act, 2016 (No. 43 of 2016): Mandates audits of water services providers.
- Health Act, 2017 (No. 21 of 2017): Imposes audits of food safety stewardship, dietetic services, and healthy lifestyles.
New Obligations
The Office of the Food and Feed Safety Controller
The Controller must:
- Develop, periodically review, and monitor the implementation of a multi-annual national control plan.
- Prepare an annual report on the state of food and feed safety in Kenya and submit it to the Cabinet Secretary, who then tables it in Parliament.
- Establish an information management system to centralize food safety data.
County Governments
County departments dealing with agriculture and health must:
- Implement and enforce food and feed safety measures.
- Licence and inspect local food and feed businesses.
- Submit an annual food safety report to the Controller at least 30 days before the end of the financial year.
Competent Authorities and Business Operators
- Competent authorities must prepare and submit an annual report on food safety measures to the Controller at least 30 days before the end of the financial year.
- Food and feed business operators are obligated to maintain records that satisfy traceability standards to facilitate rapid product recalls.
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