Food, Drugs and Chemical Substances Act
This Act may be cited as the Food, Drugs and Chemical Substances Act.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 254
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Food, Drugs and Chemical Substances Act. Defines "Section" to include any food, drug, cosmetic, device or chemical substance and any labelling or advertising materials in respect thereof. Section 10. Standards of drugs Section 10(1) Where a standard has been prescribed for a drug, any person who labels, packages, sells or advertises any substance in such a manner that it is likely to be mistaken for that drug shall be It is prohibited for anyone to sell a drug that is not the nature, substance, or quality demanded by the purchaser. Preparation of drug under insanitary conditions
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Provisions of Food, Drugs and Chemical Substances Act
Showing 39 of 39
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: This Act may be cited as the Food, Drugs and Chemical Substances Act.
Section 1. Short title Section This Act may be cited as the Food, Drugs and Chemical Substances Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Defines "Section" to include any food, drug, cosmetic, device or chemical substance and any labelling or advertising materials in respect thereof.
Section 2. Interpretation Section any food, drug, cosmetic, device or chemical substance and any labelling or advertising materials in respect thereof;
Part II
GENERAL PROVISIONS
- 10 Verify source ↗
GENERAL PROVISIONS - 10. Standards of drugs
AI-assisted research summary: Section 10. Standards of drugs Section 10(1) Where a standard has been prescribed for a drug, any person who labels, packages, sells or advertises any substance in such a manner that it is likely to be mistaken for that drug shall be
Section 10. Standards of drugs Section 10(1) Where a standard has been prescribed for a drug, any person who labels, packages, sells or advertises any substance in such a manner that it is likely to be mistaken for that drug shall be guilty of an offence unless the substance is the drug in question and complies with the prescribed standard. Section 10(2) Where a standard has not been prescribed for a drug but a standard for the drug is contained in any of the publications specified in the Schedule, any person who labels, packages, sells or advertises any other substance or article in such a manner that it is likely to be mistaken for such drug shall be guilty of an offence. Section 10(3)(a) is in accordance with the professed standard under which it is labelled, packaged, sold or advertised; and Section 10(3)(b) does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or which is contained in any of the publications specified in the Schedule. - 11 Verify source ↗
GENERAL PROVISIONS - 11. Prohibition against sale of drugs not of nature, substance or quality demanded
AI-assisted research summary: It is prohibited for anyone to sell a drug that is not the nature, substance, or quality demanded by the purchaser.
Section 11. Prohibition against sale of drugs not of nature, substance or quality demanded Section Any person who sells to the prejudice of the purchaser any drug which is not of the nature, or is not of the substance, or is not of the quality, of the article demanded by the purchaser shall be guilty of an offence. - 12 Verify source ↗
GENERAL PROVISIONS - 12. Preparation of drug under insanitary conditions
AI-assisted research summary: Preparation of drug under insanitary conditions
Section 12. Preparation of drug under insanitary conditions - 13 Verify source ↗
GENERAL PROVISIONS - 13. Prohibited sale of cosmetics
AI-assisted research summary: Prohibited sale of cosmetics
Section 13. Prohibited sale of cosmetics Section according to the directions on the label of or accompanying such cosmetic; or - 14 Verify source ↗
GENERAL PROVISIONS - 14. Standards of cosmetics
AI-assisted research summary: If a prescribed standard exists for a cosmetic, a person who labels, packages, sells or advertises any article so that it is likely to be mistaken for that cosmetic shall be guilty of an offence unless the article meets the prescribed standard.
Section 14. Standards of cosmetics Section Where a standard has been prescribed for a cosmetic, any person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for a cosmetic of the prescribed standard shall be guilty of an offence unless the article complies with the prescribed standard. - 15 Verify source ↗
GENERAL PROVISIONS - 15. Preparation of cosmetic under insanitary conditions
AI-assisted research summary: Section title concerning the preparation of cosmetics under insanitary conditions.
Section 15. Preparation of cosmetic under insanitary conditions - 16 Verify source ↗
GENERAL PROVISIONS - 16. Prohibited sale of devices
AI-assisted research summary: Anyone who sells a device that may cause injury to the purchaser or user when used as directed or under customary conditions commits an offence.
Section 16. Prohibited sale of devices Section Any person who sells any device that, when used according to directions on the label or contained in a separate document delivered with the device or under such conditions as are customary or usual, may cause injury to the health of the purchaser or user thereof shall be guilty of an offence. - 17 Verify source ↗
GENERAL PROVISIONS - 17. Deception
AI-assisted research summary: Anyone who labels, packages, treats, processes, sells or advertises any device in breach of the Act's regulations or in a manner that is false, misleading or deceptive as to character, value, composition, merit or safety shall be guilty of an offence.
Section 17. Deception Section Any person who labels, packages, treats, processes, sells or advertises any device in contravention of any regulations made under this Act, or in a manner that is false, misleading or deceptive as regards its character, value, composition, merit or safety, shall be guilty of an offence. - 18 Verify source ↗
GENERAL PROVISIONS - 18. Standards of devices
AI-assisted research summary: Labeling, packaging, selling or advertising an article in a way that it is likely to be mistaken for a prescribed device is prohibited unless the article meets the prescribed standard.
Section 18. Standards of devices Section Where a standard has been prescribed for a device, any person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for that device shall be guilty of an offence unless the article complies with the prescribed standard. - 19 Verify source ↗
GENERAL PROVISIONS - 19. Preparation of device under insanitary conditions
AI-assisted research summary: Section 19. Preparation of device under insanitary conditions
Section 19. Preparation of device under insanitary conditions - 20 Verify source ↗
GENERAL PROVISIONS - 20. Adulteration of chemical substances
AI-assisted research summary: Section 20 — Adulteration of chemical substances.
Section 20. Adulteration of chemical substances Section is adulterated; or - 21 Verify source ↗
GENERAL PROVISIONS - 21. Deception
AI-assisted research summary: Anyone who labels, packages, treats, processes, sells or advertises a chemical substance in breach of regulations or in a false, misleading or deceptive way will be guilty of an offence.
Section 21. Deception Section Any person who labels, packages, treats, processes, sells or advertises any chemical substance in contravention of any regulations made under this Act, or in a manner that is false, misleading or deceptive as regards its character, value, quality, composition, merit or safety, shall be guilty of an offence. - 22 Verify source ↗
GENERAL PROVISIONS - 22. Standards of chemical substances
AI-assisted research summary: It is an offence for any person to label, package, sell or advertise another substance so that it is likely to be mistaken for a prescribed chemical substance, unless that substance meets the prescribed standard.
Section 22. Standards of chemical substances Section Where a standard has been prescribed for a chemical substance, any person who labels, packages, sells or advertises any other substance in such a manner that it is likely to be mistaken for that chemical substance shall be guilty of an offence unless the substance complies with the prescribed standard for such chemical substance. - 23 Verify source ↗
GENERAL PROVISIONS - 23. Professed standards
AI-assisted research summary: A section is not in accordance with the professed standard under which it is sold.
Section 23. Professed standards Section is not in accordance with the professed standard under which it is sold; and - 24 Verify source ↗
GENERAL PROVISIONS - 24. Disposal of chemical substances in certain manner prohibited
AI-assisted research summary: It is prohibited for any person to use or dispose of chemical substances in ways likely to contaminate food or water for human consumption or that are injurious or dangerous to health; doing so is an offence.
Section 24. Disposal of chemical substances in certain manner prohibited Section Any person who uses or disposes of any chemical substance in a manner likely to cause contamination of food or water for human consumption or in a manner liable to be injurious or dangerous to the health of any person shall be guilty of an offence. - 25 Verify source ↗
GENERAL PROVISIONS - 25. Prohibited sales of chemical substances
AI-assisted research summary: Any person who sells a chemical substance that may, when used as instructed or under customary conditions, cause injury to health commits an offence.
Section 25. Prohibited sales of chemical substances Section Any person who sells any chemical substance which, when used according to the instructions of the manufacturer or under such conditions as are customary or usual, might cause injury to the health of any person shall be guilty of an offence. - 26 Verify source ↗
GENERAL PROVISIONS - 26. Preparation of chemical substances under insanitary conditions
AI-assisted research summary: Any person must not sell, prepare, preserve, package, store or convey for sale any chemical substance under insanitary conditions.
Section 26. Preparation of chemical substances under insanitary conditions Section Any person who sells, prepares, preserves, packages, stores or conveys for sale any chemical substance under insanitary conditions shall be guilty of an offence. - 3 Verify source ↗
GENERAL PROVISIONS - 3. Prohibition against sale of unwholesome, poisonous or adulterated food
AI-assisted research summary: Prohibits sale of unwholesome, poisonous or adulterated food.
Section 3. Prohibition against sale of unwholesome, poisonous or adulterated food Section has in or upon it any poisonous or harmful substance; or - 4 Verify source ↗
GENERAL PROVISIONS - 4. Deception
AI-assisted research summary: It is an offence for any person to label, package, treat, process, sell or advertise food contrary to regulations or in a false, misleading or deceptive way about its character, nature, value, substance, quality, composition, merit or safety.
Section 4. Deception Section Any person who labels, packages, treats, processes, sells or advertises any food in contravention of any regulations made under this Act, or in a manner that is false, misleading or deceptive as regards its character, nature, value, substance, quality, composition, merit or safety, shall be guilty of an offence. - 5 Verify source ↗
GENERAL PROVISIONS - 5. Standards of foods
AI-assisted research summary: A person who labels, packages, sells or advertises food that does not meet a prescribed standard in a way likely to cause it to be mistaken for the prescribed standard commits an offence.
Section 5. Standards of foods Section Where a standard has been prescribed for any food, any person who labels, packages, sells or advertises any food which does not comply with that standard, in such a manner that it is likely to be mistaken for food of the prescribed standard, shall be guilty of an offence. - 6 Verify source ↗
GENERAL PROVISIONS - 6. Prohibition against sale of food not of nature, substance or quality demanded
AI-assisted research summary: Any person must not sell food that is not of the nature, substance or quality of the article demanded by the purchaser.
Section 6. Prohibition against sale of food not of nature, substance or quality demanded Section Any person who sells to the prejudice of the purchaser any food which is not of the nature, or is not of the substance, or is not of the quality, of the article demanded by the purchaser shall be guilty of an offence. - 7 Verify source ↗
GENERAL PROVISIONS - 7. Preparation of food under insanitary conditions
AI-assisted research summary: Preparation of food under insanitary conditions
Section 7. Preparation of food under insanitary conditions - 8 Verify source ↗
GENERAL PROVISIONS - 8. Prohibited sale of drugs
AI-assisted research summary: Prohibited sale of drugs.
Section 8. Prohibited sale of drugs Section is adulterated; or - 9 Verify source ↗
GENERAL PROVISIONS - 9. Deception
AI-assisted research summary: It is an offence for any person to label, package, treat, process, sell or advertise any drug in contravention of regulations or in a false, misleading or deceptive way about its character, value, potency, quality, composition, merit or safety.
Section 9. Deception Section Any person who labels, packages, treats, processes, sells or advertises any drug in contravention of any regulations made under this Act, or in a manner that is false, misleading or deceptive as regards its character, constitution, value, potency, quality, composition, merit or safety, shall be guilty of an offence.
Part III
ADMINISTRATION AND ENFORCEMENT
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ADMINISTRATION AND ENFORCEMENT - 27. Establishment of Board
AI-assisted research summary: Establishes the Public Health (Standards) Board, lists its composition, states appointment by the Cabinet Secretary, requires appointments to be notified in the Gazette, sets three-year terms with eligibility for reappointment, allows resignation, sets quorum at four, permits the Board to invite advisors (who may not vote), and requires the Board to regulate its proceedings subject to the Act and directions of the Cabinet Secretary.
Section 27. Establishment of Board Section 27(1) There is hereby established a Board, to be known as the Public Health (Standards) Board, which shall consist of ten members appointed by the Cabinet Secretary unless otherwise provided. Section 27(2)(a) a Chairperson, who shall be the Director of Medical Services, or a person deputed by him in writing for the purposes of this Act; Section 27(2)(b) a vice-Chairperson, who shall be the Chief Public Health Officer of the Ministry of Health and Housing, or a person deputed by him in writing for the purposes of this Act; Section 27(2)(c) four members appointed to represent the Government; Section 27(2)(d) one member with special knowledge of the food-packing industry; Section 27(2)(e) one member representing municipal councils; Section 27(2)(f) one member nominated by the Pharmaceutical Society of Kenya; and Section 27(2)(g) one member representing the National Assembly. Section 27(3) All appointments made under this section shall be notified in the Gazette . Section 27(4)(a) shall each hold office for a period of three years, and shall then retire but shall be eligible for reappointment; Section 27(4)(b) may at any time resign by instrument in writing addressed to the Chairperson. Section 27(5) The quorum of the Board shall be four. Section 27(6) The Board may invite any person to attend any particular meeting for the purpose of assisting or advising the Board, but no such person shall have any right to vote at such meeting. Section 27(7) Subject to this Act, and to any general or special directions in writing by the Cabinet Secretary, the Board shall regulate its own proceedings. [L.N. 41/1970, Sch., L.N. 72/1977.] - 28 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 28. Regulations
AI-assisted research summary: The Cabinet Secretary may make regulations after consulting the Board; manufacturers must submit test portions of batches; sellers must keep books and records the Board requires.
Section 28. Regulations Section 28(1)(a) declaring that any food, drug or chemical substance or class of food, drugs or chemical substances is adulterated if any prescribed substances or class of substances is present therein or has been added thereto or extracted or omitted therefrom; Section 28(1)(b) the labelling and packing and the offering, exposing and advertising for sale of food, drugs, chemical substances, cosmetics and devices; Section 28(1)(b)(i) the labelling and packing and the offering, exposing and advertising for sale of food, drugs, chemical substances, cosmetics and devices; Section 28(1)(b)(ii) the size, dimensions and other specifications of packages of food, drugs, chemical substances, cosmetics and devices; Section 28(1)(b)(iii) the sale or the conditions of sale of any food, drug, chemical substance, or cosmetic or device; and Section 28(1)(b)(iv) the use of any substance as an ingredient in any food, drug, chemical substance or cosmetic or device, to prevent the consumer or purchaser thereof from being deceived or misled as to its quality, quantity, character, value, composition, effect, merit or safety or to prevent injury to the health of the consumer or to purchaser; Section 28(1)(c) prescribing standards of composition, strength, potency, purity, quality or other property of any food, drug, chemical substance, cosmetic or device; Section 28(1)(d) respecting the importation or exportation of food, drugs, chemical substances, cosmetics and devices in order to ensure compliance with this Act and any regulations made thereunder; Section 28(1)(e) respecting the method of preparation, preserving, packing, storing, conveying and testing of any food, drug, chemical substance, cosmetic or device in the interests of, or for the prevention of injury to the health of the consumer, user or purchaser; Section 28(1)(f) respecting the carriage of goods subject to the provisions of this Act, including the licensing of vehicles used in such carriage; Section 28(1)(g) requiring person who sell food, drugs, chemical substances, cosmetics or devices to maintain such books and records as the Board considers necessary for the proper enforcement and administration of this Act and any regulations made thereunder; Section 28(1)(h) requiring manufacturers of any drugs or chemical substances to submit test portions of any batch of such drugs or chemical substances; Section 28(1)(i) providing for the analysis of food, drugs, chemical substances, cosmetics or devices for the purposes of this Act or to for any other purpose and prescribing a tariff of fees to be paid for such analysis and for prescribing methods of analysis; Section 28(1)(j) providing for the taking of samples of any article for the purposes of this Act or for any other purpose; Section 28(1)(k) exempting any food, drug, cosmetic, chemical substance or device from all or any of the provisions of this Act and prescribing the conditions of such exemption. Section 28(2) Where any regulations made under this Act or under the Public Health Act ( Cap. 242 ) prohibit or restrict the addition of any preservative or other ingredient or material to any food, the addition of such preservative, ingredient or material, if made in contravention of the regulations, shall, for the purposes of this Act, be deemed to render the food injurious to health. Section 28(3) Where any regulations made under this Act or under the Public Health Act ( Cap. 242 ) prescribes the composition of any article of food intended for sale, or prohibit or restrict the addition of any preservative or other ingredient or material to any such article, the purchaser of such article shall, unless the contrary is proved, be deemed for the purposes of this section to have demanded an article complying with the provisions of the regulations as regards the presence or amount of any constituent, ingredient or material specified in the regulations. Section 28(4) The Cabinet Secretary, after consultation with the Board, may make regulations generally for carrying any of the purposes or provisions of this Act into effect. - 29 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 29. Inspection of animals by authorized officers
AI-assisted research summary: An authorized officer may inspect animals intended for slaughter and may seize and examine meat considered unfit for consumption.
Section 29. Inspection of animals by authorized officers Section An authorized officer may, for the purposes of this Act, inspect any animal intended for slaughter and may seize and examine any meat which he considers to be unfit for consumption. - 30 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 30. Powers of authorized officers
AI-assisted research summary: Authorized officers have powers to enter, inspect, sample, seize, examine records, detain or destroy articles, submit samples for analysis, and persons who obstruct, mislead, or fail to assist may commit offences.
Section 30. Powers of authorized officers Section 30(1)(a) enter any premises where he believes any article to which this Act or any regulations made hereunder apply is prepared, preserved, packaged, stored or conveyed, examine any such article and take samples thereof, and examine anything that he believes is used or capable of being used for such preparation, preservation, packaging or storing or conveying; Section 30(1)(b) stop or search or detain any aircraft, ship or vehicle in which he believes that any article subject to the provisions of this Act is being conveyed and to examine any such article and take samples thereof for the purposes of this Act; Section 30(1)(c) open and examine any receptacle or package which he believes contains any article to which this Act or any regulations made thereunder apply; Section 30(1)(d) examine any books, documents, or other records found in any place mentioned in paragraph (a) of subsection (1) of this section that he believes contain any information relevant to the enforcement of this Act with respect to any article to which this Act or any regulations made hereunder apply and make copies thereof or take extracts therefrom; Section 30(1)(e) seize and detain for such time as may be necessary any article by means of or in relation to which he believes any provision of this Act or any regulations made thereunder has been contravened. Section 30(2) An authorized officer acting under this section shall, if so required, produce his authority. Section 30(3) Any owner, occupier or person in charge of any premises entered by an authorized officer pursuant to paragraph (a) of subsection (1) of this section, or any person found therein, who does not give to the authorized officer all reasonable assistance in his power and furnish him with such information as he may reasonably require, shall be guilty of an offence. Section 30(4) Any person who obstructs or impedes any authorized officer in the course of his duties or by any gratuity, bribe, promise, or other inducement prevents, or attempts to prevent the due execution by the authorized officer of his duty under this Act or any regulations made hereunder shall be guilty of an offence. Section 30(5) Any person who knowingly makes any false or misleading statement either verbally or in writing to any authorized officer engaged in carrying out his duties under this Act or any regulations made thereunder, shall be guilty of an offence. Section 30(6) An authorized officer shall release any article seized by him under this Act when he is satisfied that all the provisions of this Act and any regulations made thereunder with respect thereto have been complied with. Section 30(7) Where an authorized officer has seized an article under this Act and the owner thereof or the person in whose possession the article was at the time of seizure consents to the destruction thereof, the article may be destroyed or otherwise disposed of as the authorised officer may direct. Section 30(8) Where a person has been convicted of an offence under this Act or any regulations made hereunder, the court may order that any article by means of or in relation to which the offence was committed or anything of a similar nature belonging to or in the possession of the convicted person or found with such article, be forfeited, and upon such order being made such articles and things may be disposed of as the court may direct. Section 30(9) Where any article has been seized under the provisions of paragraph (e) of subsection (1) of this section and the owner thereof has been convicted of an offence under this Act, the article may be destroyed or otherwise disposed of as the authorized officer may direct. Section 30(10) Any article seized under this Act may at the option of an authorized officer be kept or stored in the premises where it was seized or may at the direction of an authorized officer be removed to any other proper place; and any person who removes, alters or interferes in any way with articles seized under this Act without the authority of an authorized officer shall be guilty of an offence. Section 30(11) An authorized officer may submit any article seized by him or any sample taken by him to a public analyst for analysis or examination; and a public analyst shall as soon as practicable analyse or examine any sample sent to him in pursuance of this Act and shall give the authorized officer a certificate specifying the result of the analysis or examination and such certificate shall be in such form as may be prescribed by the Cabinet Secretary on the advice of the Board. Section 30(12) In this section, "premises" includes a street, open space, place of public resort, or bicycle or other vehicle utilised for the preparation, preservation, packaging, storage or conveyance of any article. - 31 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 31. Power of Director or Medical Services or Director of Agriculture to have articles analysed
AI-assisted research summary: The Director of Medical Services, the Director of Agriculture, or any person authorized in writing by the Cabinet Secretary may direct a public officer to obtain samples of food, drugs, devices, cosmetics or chemical substances for analysis; that officer then has all the powers of an authorized officer under the Act.
Section 31. Power of Director or Medical Services or Director of Agriculture to have articles analysed Section The Director of Medical Services in relation to any matter appearing to him to affect the general interests of the consumer, and the Director of Agriculture in relation to any matter appearing to him to affect the general interests of agriculture in Kenya, and any other person authorized in writing by the Cabinet Secretary so to do, may direct a public officer to procure for analysis samples of any food, drug, device, cosmetic or chemical substance, and thereupon that officer shall have all the powers of an authorized officer under this Act and this Act shall apply as if the officer were an authorized officer. - 32 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 32. Duty of municipal council to enforce Act
AI-assisted research summary: Municipal councils must use their powers, as reasonably practicable in their circumstances, to safeguard the purity and genuineness of food, drugs, cosmetics, devices and chemical substances and to direct officers to procure samples; the Cabinet Secretary may order enforcement by an officer and may recover enforcement expenses from the municipal council.
Section 32. Duty of municipal council to enforce Act Section 32(1) It shall be the duty of every municipal council to exercise such powers with which it is invested as may be, in its special circumstances, reasonably practicable so as to provide proper safeguards for the sale of food, drugs, cosmetics, devices and chemical substances in a pure and genuine condition, and in particular to direct its officers to procure samples for analysis. Section 32(2) If the Cabinet Secretary is of the opinion that a municipal council has failed to execute or enforce any of the provisions of this Act in relation to any article and that its failure affects the general interests of the consumer, the Cabinet Secretary may by order empower an officer to execute and enforce those provisions or to procure the execution and enforcement thereof in relation to any article mentioned in the order. Section 32(3) The expenses incurred under any such order shall be recoverable by the Cabinet Secretary from the municipal council and the amount so recovered shall be treated as expenses incurred by the municipal council under this Act. [L.N. 41/1970.] - 33 Verify source ↗
ADMINISTRATION AND ENFORCEMENT - 33. Power of Cabinet Secretary to obtain particulars of certain food ingredients
AI-assisted research summary: The Cabinet Secretary may direct businesses handling certain substances to provide specified particulars about composition, usage and investigations, and those businesses must furnish those particulars within any time the direction specifies.
Section 33. Power of Cabinet Secretary to obtain particulars of certain food ingredients Section 33(1) The Cabinet Secretary may direct any person who at the date of the direction or at any subsequent time carries on a business which includes the production, importation or use of substances of any class to which this Act applies to furnish to him, within such time as may be specified in such direction, such particulars as may be so specified of the composition and use of any such substance sold or for sale in the course of that business or used in the preparation of food or drugs. Section 33(2)(a) particulars of the composition and chemical formula of the substance; Section 33(2)(b) particulars of the manner in which the substance is used or proposed to be used in the preparation of food; Section 33(2)(c) particulars of any investigations carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as aforesaid, is injurious to, or in any other way affects health; Section 33(2)(d) particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of determining the cumulative effect on the health of a person consuming the substance in ordinary quantities. Section 33(3)(a) in accordance with regulations made by the Cabinet Secretary, so far as may be necessary for the purposes of section 26 ; Section 33(3)(b) for the purposes of any proceedings for an offence against the order or any report of those proceedings, and any person who discloses any such particulars or information in contravention of this subsection shall be guilty of an offence.
Part IV
LEGAL PROCEEDINGS
- 34 Verify source ↗
LEGAL PROCEEDINGS - 34. Power of court to order licence to be cancelled
AI-assisted research summary: The court may cancel a licence on conviction for an offence under the Act or its regulations.
Section 34. Power of court to order licence to be cancelled Section On the conviction of any person for any offence under this Act or any regulations made thereunder, the court may, in addition to any other penalty which it may lawfully impose, cancel any licence issued under this Act, or any regulations made thereunder, to such person. - 35 Verify source ↗
LEGAL PROCEEDINGS - 35. Prosecution
AI-assisted research summary: An authorized officer may initiate prosecution for offences under the Act or regulations before a magistrate who has jurisdiction where the sold article was delivered to the purchaser or where the sample was taken; separately, contents of intact containers in original manufacturer packing are presumed to be the labelled article unless contrary is proved.
Section 35. Prosecution Section 35(1) An authorized officer may take out proceedings for an offence under this Act or the regulations before any magistrate having jurisdiction in the place where any article sold was actually delivered to the purchaser or where the sample was taken. Section 35(2) In any proceedings under this Act, the contents of any container appearing to be intact and in the original state of packing by the manufacturer thereof shall be deemed, unless the contrary is proved, to be an article of the description specified on the label. [Act No. 20 of 1989 , Sch.] - 36 Verify source ↗
LEGAL PROCEEDINGS - 36. Penalties
AI-assisted research summary: Section 36 prescribes penalties: for a first offence a fine up to 500,000 shillings or up to two years' imprisonment (or both); for a subsequent offence a fine up to 700,000 shillings or up to five years' imprisonment (or both). It also requires summonses to specify particulars and not be returnable in less than 14 days.
Section 36. Penalties Section 36(1)(a) in the case of a first offence, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment; Section 36(1)(b) in the case of a subsequent offence, to a fine not exceeding seven hundred thousand shillings or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment. Section 36(2) In any prosecution under this Act the summons shall state the particulars of the offence or offences alleged and also the name of the prosecutor and shall not be made returnable in less than fourteen days from the date on which it is served. [Act No. 2 of 2002 , Sch.] - 37 Verify source ↗
LEGAL PROCEEDINGS - 37. Certificates of analysis and presumptions
AI-assisted research summary: A party against whom a certificate is produced may require the attendance of the public analyst for cross-examination.
Section 37. Certificates of analysis and presumptions Section the party against whom it is produced may require the attendance of the public analyst for the purposes of cross- examination; and - 38 Verify source ↗
LEGAL PROCEEDINGS - 38. Saving of Public Health Act and Dangerous Drugs Act
AI-assisted research summary: The provisions of this Act are in addition to and do not derogate from the Public Health Act (Cap. 242) and the Dangerous Drugs Act (Cap. 245).
Section 38. Saving of Public Health Act and Dangerous Drugs Act Section The provisions of this Act shall be in addition to and not in derogation of the provisions of the Public Health Act ( Cap. 242 ) and the Dangerous Drugs Act (Cap. 245). - 39 Verify source ↗
LEGAL PROCEEDINGS - 39. Cabinet Secretary's power to amend Schedule
AI-assisted research summary: The Cabinet Secretary may, by order, amend the Schedule to this Act.
Section 39. Cabinet Secretary's power to amend Schedule Section The Cabinet Secretary may, by order, amend the Schedule to this Act.
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