Fisheries Management and Development (Safety and Quality) Regulations, 2024

Section 1. Citation Section These Regulations may be cited as the Fisheries Management and Development (Safety and Quality) Regulations, 2024.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— “Act” means the Fisheries Management and Development Act ( Cap. 378 ); “accredited laboratory” means a laboratory approved by the Kenya Fisheries Service for purposes of testing and analysis of samples of fish, fish product or fish feeds; “aquaculture facility” means a fishery enterprise undertaking operations related to the farming of fish; “aquaculture product” means any product or part thereof (including oil) obtained by aquaculture processing, and intended for use as human food, animal feed or raw material ingredient in the manufacture of other commodities of commercial or ornamental value; “batch” means a quantity of fish or fish products of the same species collected from the same production area during the same fishing or harvesting operation and accorded a similar identity; “bivalve molluscs” means filter feeding lamellibranch molluscs; “carrier” means any vehicle, vessel, aircraft, cart, bicycle, motorcycles, train, motorized or hand driven transport system on land or water in or on which fish may be carried by or on behalf of the holder of a permit or certificate to any place fo...

Section 3. Scope of application Section These Regulations shall apply to the control of the safety and quality of fish, fish products and fish feeds in order to safeguard human and animal health.

Section 4. Assessment by thecompetent authority Section 4(1)(a) based on food safety risks assessment or on other appropriate measures where circumstances and nature do not allow risk assessment ; Section 4(1)(b) effective, equitable and proportionate to the risk ; and Section 4(1)(c) scientifically conducted in an independent, objective and transparent manner. Section 4(2)(a) inform the general public of the nature of the risk to health; Section 4(2)(b) identify as far as possible the fish, fish product or fish feed ; Section 4(2)(c) identify the risk that such fish, fish product or fish feed may present; and Section 4(2)(d) identify the measures to be taken to prevent, reduce or eliminate that risk . Section 4(3) In safeguarding public health in accordance with subregulation (2) , any information obtained by the competent authority in the performance of its functions under these Regulations may be disclosed without the written consent of the fishery enterprise .

Section 5. County report onofficial control Section 5(1)(a) number and type of inspections carried out in the county; Section 5(1)(b) the number and type of infringements identified; and Section 5(1)(c) actions taken in cases of non-compliance. Section 5(2) One month after the end of each calendar year, every county shall submit an annual inspection report on official control activities within the county to the competent authority in the Form set out in the First Schedule.

Section 6. Annual report onofficial control Section 6(1)(a) the number and type of inspections carried out; Section 6(1)(b) the number and type of infringements identified; and Section 6(1)(c) actions taken in cases of non-compliance. Section 6(2) The inspection report prepared by the competent authority shall form part of the annual report on official control prepared under this regulation.

Section 7. Technical committee on fish quality and safety Section 7(1)(a) the Director-General of the Service, who shall be the Chairperson; Section 7(1)(b) one person with knowledge and experience in matters relating to fish safety and quality assurance, nominated by the Council of Governors and appointed by the Cabinet Secretary; Section 7(1)(c) the Head of Fish Safety and Quality Assurance, who shall be the Secretary; and Section 7(1)(d) not more than four persons, appointed in writing by the Cabinet Secretary, with skills in fish safety and quality assurance. Section 7(2)(i) fish exporters; Section 7(2)(ii) fish processors; Section 7(2)(iii) fisheries inspectors’ associations; and Section 7(2)(iv) academia and research.

Section 8. Functions of theTechnical Committee Section The functions of the Technical Committee shall be as set out in section 58 (3) of the Act .

Section 9. Conduct of business and affairs Section The conduct of business and affairs of the Technical Committee shall be as provided for in the Second Schedule.

Section 10. Functions of afisheries inspector Section 10(1)(a) hazard analysis critical control point system; Section 10(1)(a)(i) hazard analysis critical control point system; Section 10(1)(a)(ii) good hygiene practices; Section 10(1)(a)(iii) traceability ; Section 10(1)(a)(iv) training in hygiene and in work procedures; Section 10(1)(a)(v) water quality; and Section 10(1)(a)(vi) good manufacturing practices; Section 10(1)(b) collect samples for official control and submit to accredited laboratories to verify the effectiveness of implementation of quality and safety assurance systems by the fishery enterprises; Section 10(1)(c) report to the respective appointing authorities in accordance with these Regulations; Section 10(1)(d) certify upon a request in writing, the health conditions relating to any batch of fish products; Section 10(1)(e) conduct the detailed health controls and monitoring of production conditions in accordance with the Third Schedule; Section 10(1)(f) grant approval of trucks for issuance of the fish movement permits; and Section 10(1)(g) perform such other functions as may be assigned from time to time. Section 10(2) Without prejudice to the provisions of sect...

Section 11. Powers of fisheries inspectors Section 11(1) In the performance of their functions, a fisheries inspector shall have all the powers conferred on an authorized officer under the Act . Section 11(2)(a) enter and search, at any reasonable hour, any premises wherein fish, fish products or fish feed are likely to be produced, handled, processed, packaged and stored or kept, to determine the existence, nature and extent of any trade or business in fish, fish products or fish feed ; Section 11(2)(b) examine any fish, fish product , aquaculture product or fish feed in any fishery enterprise ; Section 11(2)(c) take samples of any fish, fish product or fish feed in the course of undertaking inspections under these Regulations; Section 11(2)(d) examine anything used or capable of being used for the preparation of any fish, fish product or fish feed in any fishery enterprise ; Section 11(2)(e) stop, search or detain any carrier likely to contain any fish, fish product , or fish feed ; Section 11(2)(f) open and examine any container , package or any other area likely to contain any fish, fish product , or fish feed and examine the products and take samples thereof; Section 11(2)(g)...

Section 12. Identification of fisheries inspectors Section 12(1) In the exercise of powers or in the performance of the functions specified under these Regulations, a fisheries inspector shall produce a certificate of identification. Section 12(2) The certificate of identification of a fisheries inspector shall be issued by the Director-General in Form KeFS/FS/A1 set out in the Fourth Schedule.

Section 13. Records and reports by afisheries inspector Section 13(1)(a) status of any approved fishery enterprise , landing stations or carriers; and Section 13(1)(b) any temporary or permanent closure of any fishery enterprise that contravenes these Regulations. Section 13(2) Any record made under these Regulations by a fisheries inspector shall be preserved by the competent authority for a period of thirty-six months.

Section 14. Approval for establishment and use of afishery enterprise Section 14(1) No person shall establish or use a fishery enterprise for the production, aquaculture, keeping, processing, storage, packaging , transporting or placing on the market of fish or fish products intended for human or animal consumption without approval from the competent authority and a licence from the county executive committee member . Section 14(2) The approval under this regulation shall be granted subject to the conditions specified under these Regulations or such other conditions as the competent authority may determine. Section 14(3) The approval for the establishment of the fishery enterprise shall be granted upon compliance with the application and health requirements. Section 14(4) An approval issued under this regulation in respect of any means of transport for fish, fish products and fish feed shall have the same effect as a fish movement permit.

Section 15. Refusal to grant approval Section 15(1)(a) the raw material available is not adequate to support such fishery enterprise ; Section 15(1)(b) such fishery enterprise shall have an adverse effect on the fisheries resources, biodiversity, health, hygiene and the environment; or Section 15(1)(c) the fish has been legally caught and reported. Section 15(2) The competent authority may issue conditional approval to a fishery enterprise which meets some of the infrastructure and equipment requirements. Section 15(3) A conditional approval under this regulation shall be issued to a fishery enterprise for a period of not less than three months and not exceeding six months. Section 15(4) A conditional approval under this regulation shall be construed to be a fish processing licence issued under section 87 (4) of the Act and the fishery enterprise shall pay the fish processing licence fee set out in the Sixth Schedule.

Section 16. Construction or refurbishing offishery enterprise Section 16(1) No person shall construct or refurbish a fishery enterprise without approval by the Director-General. Section 16(2) An application for an approval under subregulation (1) shall be made to the Director-General in Form KeFS/FS/A2 set out in the Fourth Schedule. Section 16(3) The approval shall be granted upon compliance with the application requirements. Section 16(4) During the construction or refurbishing of the fishery enterprise , the applicant shall comply with the health conditions specified in Part I and Part II of the Fifth Schedule. Section 16(5) Upon completion of the relevant works for which an approval is sought under this regulation, the Director-General shall undertake a site inspection to inform issuance of a fish processing licence.

Section 17. Export fishery enterprises Section 17(1) No person shall operate an export oriented fishery enterprise without a valid certificate of compliance. Section 17(2)(a) upon application to the Director-General in Form KeFS/FS/A3 set out in the Fourth Schedule; Section 17(2)(b) by the Director-General in respect of each export product line in the fishery enterprise ; and Section 17(2)(c) upon payment of the fees set out in the Sixth Schedule. Section 17(3)(a) the Director-General shall furnish the applicant with reasons for the decision within thirty days of receipt of the application; and Section 17(3)(b) the applicant may reapply upon fulfilling the requirements stated by the Director-General under paragraph (a) . Section 17(4) A certificate of compliance issued under this regulation shall be renewed annually after inspection and approval by the competent authority . Section 17(5) The renewal procedure for a certificate of compliance shall be made in accordance with the procedure in subregulation (2) and (3) . Section 17(6)(a) the owner or operator of the fishery enterprise carries out activities other than those for which the enterprise is established; or Section 17(6)(b) i...

Section 18. Internal controls Section 18(1) Fifth Schedule; Section 18(2)(a) have at least one person competent in food production and safety to be in charge of fish safety and quality; Section 18(2)(b) ensure that all employees responsible for internal checks receive adequate training for effective implementation of the quality management program; Section 18(2)(c) construct an in-house laboratory or secure the services of an accredited laboratory , approved by the competent authority , to verify the effectiveness of the quality and safety system; and Section 18(2)(d) collect samples in accordance with the Seventh Schedule to analyze and verify the quality and safety of fish, fish products and fish feed . Section 18(3) A fishery enterprise of fish, fish products and aquaculture business shall implement the system of internal controls set out in the Seventh Schedule.

Section 19. Suspension, withdrawal and cancellation of approval Section 19(1)(a) the operations of a fishery enterprise are in conflict with the conditions set out in the approval or in these Regulations; Section 19(1)(b) such action is deemed necessary or expedient for the purpose of protecting human and animal health; or Section 19(1)(c) there is an imminent risk to public health. Section 19(2) Where the competent authority suspends an approval under this Part, the competent authority shall notify the entity of the suspension and give notice of revocation of the approval unless the entity fulfils such conditions as may be specified in the notice, within such period as may be specified. Section 19(3) The competent authority may confirm, vary or cancel an approval granted to a fishery enterprise under these Regulations, upon expiry of the period specified under subregulation (3) . Section 19(4) Where there is an imminent risk to public health, a fisheries inspector may, by a written order and without notice, suspend any approval granted under this Part and the suspension shall be communicated to the competent authority within twenty-four hours of the suspension: Provided that a sus...

Section 20. Closure offishery enterprise Section The competent authority may temporarily or permanently close a fishery enterprise that contravenes these Regulations.

Section 21. Establishment of an ice plant or a cold store Section 21(1) No person shall establish or operate an ice plant or a cold store for fish or fish products without the approval of the competent authority . Section 21(2) Any person intending to establish an ice plant or a cold store for fish or fish products shall meet the requirements set out in Part II paragraph D of the Fifth Schedule.

Section 22. Landing station Section 22(1) Fish shall be hygienically handled from the vessel, landed and weighed at designated fish landing stations . Section 22(2)(a) the role of designated persons; and Section 22(2)(b) undertaken in accordance with the health requirement set out in the Third Schedule.

Section 23. Movement permit Section 23(1) No person shall transport, cause to be transported any fish unless such a person holds a valid permit to transport fish. Section 23(2) The movement permit shall be in Form KeFS/FS/A4 set out in the Fourth Schedule and shall be issued at the county of origin. Section 23(3)(a) durable, easy to clean and sanitize, with food grade internal lining, and proper sealing to protect fish products from contamination, sunlight and physical damage; and Section 23(3)(b) regularly inspected by a fisheries inspector to ensure that the approval conditions of approval are maintained. Section 23(4) Prior to transportation of fish and fish products from a landing station, a person shall obtain a local fish health certificate. Section 23(5)(a) be issued in Form KeFS/FS/A6 set out in the Fourth Schedule; Section 23(5)(b) be certified by a local fisheries inspector prior to transportation from the landing station; Section 23(5)(c) accompany the consignment to the point of destination; and Section 23(5)(d) facilitate traceability of fish from the source to the market, fishery enterprise and point of destination. Section 23(6) Any person who contravenes subregulati...

Section 24. Live fish movement Section obtain a live fish movement permit issued in schedule

Section 25. Handling of fish maws and fish by-products Section at authorized fishery enterprises;

Section 26. Handling of fish unfit for human consumption Section Any fish declared unfit for human consumption that cannot be used for animal feed shall be incinerated or buried.

Section 27. Traceability Section An operator of a fish enterprise shall keep and maintain traceability data from capture and aquaculture at every step of handling fish and fish products in the manner set out in the Ninth Schedule.

Section 51. Issuance of licence, permit or certificate Section 51(1) Unless otherwise provided, a person who requires a licence, permit or certificate under these Regulations shall make an application in the appropriate Form set out in the Twelfth Schedule or in such other form as the Director-General or county executive committee member shall specify. Section 51(2) The Director-General or county executive committee member may attach any necessary conditions to any licence, permit, or certificate issued under these Regulations which are necessary for carrying into effect the objects and purpose of the Act and these Regulations.

Section 52. Power to refuse a licence, permit or certificate Section 52(1) The Director-General or county executive committee member may refuse to issue any licence, permit or certificate required under these Regulations stating the reasons thereof. Section 52(2) Any person aggrieved by the decision to refuse a licence, permit or certificate may appeal in accordance with the provisions of regulation 60 .

Section 53. Power to modify Section 53(1) The Director-General or the county executive committee member may modify a licence, permit or certificate issued under these Regulations. Section 53(2) Where a licence, permit or certificate is modified, the licensee shall be notified of the modification and surrender the licence, permit or certificate to the licensing officer for endorsement within seventy-two hours of a written notice on modification. Section 53(3) Where a licence, permit, or certificate is not surrendered under subregulation (2) , such licence, permit or certificate shall be considered withdrawn and invalid.

Section 54. Power to suspend Section 54(1)(a) it is necessary or expedient for proper management of the fishing industry; and Section 54(1)(b) the licence has been used in contravention of any regulation or any conditions therein. Section 54(2) Where a licence, permit or certificate is suspended, under these Regulations, the Director-General or the county executive committee member shall repossess the licence, permit or certificate. Section 54(3) Where the licence is repossessed under subregulation (2) , the Director-General or the county executive committee member if satisfied that the circumstances which resulted in the suspension no longer apply, may authorize that the licence, permit or certificate be returned to the licensee.

Section 55. Validity Section 55(1) A licence, permit or certificate issued under these Regulations, shall be valid up to the date stated therein or, where no such date is specified, up to the 31st December in each year in which it is issued. Section 55(2) Notwithstanding subregulation (1) , the validity of an export permit shall be for a period of fourteen days for fresh fish and fish products and twenty-one days for other fish, fish products and fish feeds and can be extended as appropriate.

Section 56. Transferability Section A licence, permit or certificate issued under these Regulations shall not be transferable.

Section 57. Replacement Section 57(1) Where any licence, permit or certificate issued under these Regulations is lost, defaced or mutilated, a licencee may be issued with a duplicate copy of the licence, permit, or certificate upon payment of the fee set out in the Sixth Schedule. Section 57(2) Where a duplicate copy of a licence, permit or certificate has been issued pursuant to these Regulations, the original shall cease to be valid.

Section 58. Register Section The Director-General or county executive committee member shall cause to be kept and maintained, a separate register for each type of licence, permit or certificate issued under these Regulations.

Section 59. Effect of a conviction Section 59(1)(a) a cancellation of the licence, permit or certificate from the moment of conviction; and Section 59(1)(b) a disqualification of the holder from holding a licence, permit, or certificate related to the provisions under which he has been convicted, for a period of two years from the date of conviction. Section 59(2) The holder of any licence, permit or certificate which is cancelled pursuant to subregulation (1) , shall, within fourteen days from the date of conviction, surrender the licence, permit or certificate or any document evidencing permission or authority to engage in business for which authority is required under the Act or these Regulations to the Director-General or the county executive committee member . Section 59(3) Pursuant to section 81 of the Act , the surrender of the licence, permit or certificate shall be recorded in the appropriate register. Section 59(4) A person who contravenes this regulation commits an offence and shall be liable to the penalty provided in section 94(6) of the Act .

Section 60. Appeals. Section refuse to approve or issue a licence, permit or certificate;

Section 61. Fees Section The fees applicable in respect of any licence, permit or certificates issued under these Regulations shall be as set out in the Sixth Schedule.

Section 28. Inspection of afishery enterprise Section 28(1)(a) regularly and according to priorities determined by risk assessment carried out by the competent authority ; Section 28(1)(b) where there is reasonable suspicion of non-compliance; and Section 28(1)(c) when required for the purpose of official certification . Section 28(2)(a) all stages of production, fish farming , handling, manufacturing processing, packaging , storage, transportation, distribution, retailing and wholesale trade; and Section 28(2)(b) the export and import of fish, fish products and fish feed from and into Kenya. Section 28(3) The frequency of inspection shall be informed by the level of the rating of the fishery enterprise and conducted in accordance with these Regulations as set out in Part 1 of the Third Schedule.

Section 29. Areas to be inspected Section 29(1)(a) the state and use of the site intended or occupied by a fishery enterprise , offices, plant surroundings, means of transport, machinery and equipment, fish and fishery enterprise dealing in fish products and fish feed ; Section 29(1)(b) the raw materials, ingredients, technological aids and other products used for the preparation and production of fish products and fish feed ; Section 29(1)(c) semi-finished fish products; Section 29(1)(d) finished fish products and fish feed ; Section 29(1)(e) the materials, surfaces and items intended to come into contact with fish, fish products and fish feed ; Section 29(1)(f) the products and processes used for cleaning and maintenance; Section 29(1)(g) pesticides used for pest control; Section 29(1)(h) the processes used for the manufacture and processing of fish, fish products and fish feed ; Section 29(1)(i) labelling and presentation of fish, fish products and fish feed ; Section 29(1)(j) preservation methods; and Section 29(1)(k) transportation of fish, fish products and fish feed . Section 29(2)(a) interviews with persons dealing in fish, fish products and fish feed , and their employees;...

Section 30. Notification of non-compliance Section 30(1)(a) to implement corrective action within an agreed specified time; or Section 30(1)(b) to cease operations in the fishery enterprise until the non-compliance issues are addressed to the satisfaction of a fisheries inspector .

Section 31. Inspection of aconsignment Section whether the conditions in which the batch was produced, processed, stored, packed, transported or placed on the market are proper;

Section 32. Health certificate Section 32(1) No person shall place on the market or export a consignment of fish, fish product , fish feed or aquaculture products without a valid health certificate. Section 32(2)(a) upon inspection of the consignment in accordance with regulation 31 ; Section 32(2)(b) as a local fish health certificate or an export health certificate in Form KeFS/FS/A6 or KeFS/FS/A7 set out in the Fourth Schedule; and Section 32(2)(c) upon payment of the fee set out in the Sixth Schedule. Section 32(3)(a) the consignment is contaminated with any biological or chemical agent, foreign matter or other substances which may compromise food safety or suitability; Section 32(3)(b) the contamination level in the consignment is beyond the acceptable levels; Section 32(3)(c) the consignment does not comply with packaging and labelling requirements; Section 32(3)(d) the fishery enterprise does not adhere to its internal control system ; or Section 32(3)(e) fish safety requirements under these Regulations have not been complied with. Section 32(4) The competent authority shall communicate to the applicant the reasons for refusal to issue a certificate within fourteen days from...

Section 33. Consignment recall Section The Director-General may recall any batch or consignment of fish, fish products or fish feed which fails to meet the requirements under these Regulations.

Section 34. Inspection fees Section Pursuant to section 93(3) of the Act , the Director-General or the county executive committee member shall charge inspection fee on licensees.

Section 35. Obstruction during inspection Section Any owner, occupier, person in-charge or employee of a fishery enterprise who obstructs a fisheries inspector in the performance of an inspection commits an offence and shall be liable, on conviction, to the penalty provided under section 156 of the Act .

Section 36. Placing on the market of fish and fish products Section 36(1)(a) inspected and sampled to verify the quality and safety in accordance with the Third Schedule; Section 36(1)(b) hygienically handled, prepared, processed and stored and transported at appropriate temperatures in accordance with the Eighth Schedule; Section 36(1)(c) chilled with ice and transported from the landing station at the temperature of melting ice; Section 36(1)(d) transported under sanitary conditions in approved transport carriers or containers in accordance with these Regulations; Section 36(1)(e) transported upon obtaining a movement permit in accordance with these Regulations; Section 36(1)(f) packaged in accordance with the Tenth Schedule; and Section 36(1)(g) labelled in accordance with the Eleventh Schedule. Section 36(2) Any person who contravenes the provisions of this regulation commits an offence and shall be liable, on conviction, to the penalty provided under section 60 (2) of the Act .

Section 37. Prohibited harvest areas forbivalve molluscs Section 37(1) No person shall harvest bivalve molluscs and shellfish for human and animal consumption from any area other than those specified by the competent authority , and which meet the conditions set out in the Twelfth Schedule. Section 37(2) Any person who contravenes subregulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

Section 38. Certificates of origin forbivalve molluscs Section 38(1) No person shall possess, consign or transfer any batch or consignment of bivalve molluscs to another person unless the consignment is accompanied by a certificate of origin. Section 38(2)(a) be issued by the competent authority upon payment of the fees set out in the Sixth Schedule; and Section 38(2)(b) accompany the consignment of bivalve molluscs during distribution, transportation and placing on the market . Section 38(3) The fisher and any person receiving a batch or consignment of bivalve molluscs shall keep an original copy of the certificate of origin for a period of twelve months from the date of issue or transfer thereof. Section 38(4) Any person who contravenes sub-regulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

Section 39. Prohibition onplacing on the marketof certain species Section 39(1) No person shall place on the market any poisonous fish. Section 39(2)(a) identified immediately upon landing of harvest; and Section 39(2)(b) immediately returned to the sea upon being identified. Section 39(3) Any poisonous fish identified at the landing station shall be disposed of by burying or incineration. Section 39(4) The Director-General or the county executive committee member shall be informed of all cases of poisonous fish identified under this regulation. Section 39(5) Any person who contravenes the provisions of this regulation shall, on conviction, be liable to the penalty provided under section 24(5) of the Statutory Instruments Act ( Cap. 2A ).