The Food and Feed Safety Control Co-ordination Bill, 2023
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Executive
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New Office of the Food Safety Controller Established
Establishes a new regulatory body corporate headed by a Food Safety Controller appointed by the President with Parliament's approval. The Controller must hold a Master's degree in a food or feed safety discipline and possess at least 15 years of professional experience, serving a term of 3 years, renewable once.
New Obligations for County Governments
County Governments are mandated under Section 16 to implement and enforce food and feed safety measures. They must license and regulate food and feed businesses, conduct safety audits, and submit annual reports on county food safety to the Controller at least 30 days before the end of each financial year.
Traceability and Risk-Based Verification Audits
Empowers the Controller to verify that competent authorities have effective mechanisms to enforce food and feed traceability under Section 23. The Controller will conduct audits of competent authorities' safety mechanisms, direct risk assessments, and designate reference laboratories for confirmatory testing of adverse samples.
Unified Multi-Annual Control Plan
Requires the Controller, competent authorities, and county governments to develop and implement a multi-annual control plan. This plan acts as the official framework for protecting public, animal, and plant health, and ensuring food and feed safety across all sectors.
Harmonization of 13 Existing Acts
Amends major statutes including the Public Health Act, Meat Control Act, Dairy Industry Act, and Health Act to integrate the new Controller's audit oversight. It inserts standardized definitions for 'Controller' and 'multi-annual control plan' to eliminate regulatory overlaps.
Bill No.
National Assembly Bills No. 21 of 2023
Gazette No.
Kenya Gazette Supplement No. 75
Sponsor
Kimani Ichung'wah
Background
The Food and Feed Safety Control Co-ordination Bill, 2023 addresses the lack of unified coordination among various public entities regulating food and feed safety in Kenya. By creating a central coordinating Controller, the Bill aims to guarantee safe and wholesome food "from the farm to consumption," enhancing consumer protection as provided for in the Constitution.
Key Amendments
The Second Schedule of the Bill introduces consequential amendments to 13 existing Acts to insert standardized definitions for "Controller" and "multi-annual control plan," and clarify auditing and implementation duties:
- Public Health Act (Cap. 242): Adds audit duties on traceability mechanisms established by food sellers.
- Food, Drugs and Chemical Substances Act (Cap. 254): Adds audit duties on traceability for advertisers, packagers, and sellers of food.
- Dairy Industry Act (Cap. 336): Adds audit duties on dairy traceability mechanisms.
- Fertilizers and Animal Foodstuffs Act (Cap. 345): Empowers the board to conduct traceability audits on animal feed manufacturers, importers, and marketers.
- Pest Control Products Act (Cap. 346): Implements audits on pest control product dealers.
- Meat Control Act (Cap. 356): Implements traceability audits on slaughterhouses and meat processing operators.
- Standards Act (Cap. 496): Directs the Bureau to conduct audits on standardisation marks for food and feed.
- Biosafety Act, 2009: Integrates traceability audits for genetically modified organisms.
- Kenya Plant Health Inspectorate Service Act, 2012: Directs audits on seed merchants, growers, and agents.
- Agriculture and Food Authority Act, 2013: Directs audits on agricultural crop production and warehousing.
- Fisheries Management and Development Act, 2016: Adds audits on fish landing, landing sites, and processing.
- Water Act, 2016: Introduces audits on traceability mechanisms of water service providers.
- Health Act, 2017: Mandates audits on the traceability of human food consumption, dietetic services, and healthy lifestyle guidelines.
New Obligations
The Food Safety Controller
- Must coordinate all competent authorities through the implementation of a national multi-annual control plan.
- Must verify that competent authorities have put systems in place for effective official control, including inspections, sampling, and record examination.
- Must prepare an annual report on the state of food and feed safety in Kenya within three months after the end of a financial year and submit it to the Cabinet Secretary, County Governors, and competent authorities.
County Governments
- Under Section 16, counties must license and exercise official control of persons conducting food and feed businesses.
- Counties must prepare and submit an annual report on the state of food safety in their respective county to the Controller at least 30 days before the end of a financial year.
Competent Authorities
- Each competent authority listed in the First Schedule must prepare and submit a report to the Controller on the measures taken to ensure food or feed safety at least 30 days before the end of a financial year.
Compliance Officers
- Compliance officers appointed by the Controller have the power to enter, inspect, and take samples from land, premises, vessels, or vehicles, and inspect and copy licenses, registers, and records.
Penalties
While the Bill focuses primarily on administration and coordination, it introduces specific regulatory penalties through its consequential amendments:
- Under the amended Meat Control Act (Cap. 356), regulations may provide for penalties not exceeding KSh 10,000 or imprisonment for a term not exceeding 12 months, or both, for breaches of meat safety regulations, with continuing penalties not exceeding KSh 200 per day.
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