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

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

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 120 of 2024
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Fisheries Management and Development (Safety and Quality) Regulations, 2024. This section lists definitions and interpretation rules used in the Regulations. These Regulations apply to controlling the safety and quality of fish, fish products and fish feeds to safeguard human and animal health. Lists the functions of a fisheries inspector, including food-safety systems, hygiene, traceability, sampling, reporting, certification, health controls, truck approvals, and other assigned functions; and states the inspector is responsible to the competent authority for performance of those functions. Fisheries inspectors have the same powers as authorized officers under the Act and specific powers to enter, search, examine, sample, seize, and temporarily withdraw approval numbers to enforce the Regulations.

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

Showing 65 of 65

Part I

PRELIMINARY

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PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the 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.
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PRELIMINARY - 2. Interpretation

AI-assisted research summary: This section lists definitions and interpretation rules used in the Regulations.

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 for purposes of placing on the market ; “certification” means the process of assurance of compliance with the requirements of these Regulations; “chilling” means the process of cooling fish and fish products to a temperature approaching that of melting ice; “clean water” means water from any source where harmful microbiological contamination and substances or toxic planktons are not present in such quantities that may affect the safety of fish, shell fish and their products intended for human consumption; “competent authority” means the Ministry responsible for the Service and official control of the safety of fish, fish products and fish feed as provided in section 58 of the Act ; “compound feed” means a manufactured feedstuff containing two or more ingredients blended together; “consignment” means fish, fish products or fish feed on transit from one point to another either locally, regionally or internationally and assigned one set of authorization document; “container” means any box, detachable compartment, receptacle or any other arrangement in which fish may be carried by or on behalf of the holder of a permit or certificate to any place for purposes of placing on the market or selling; “control plan” means a description established by the competent authority detailing the structure and organization of official control system, operation, and planning of official controls; “control system” means a system comprising the competent authority and the resources, structures, arrangements and procedures set up to ensure that official controls are performed in accordance with these Regulations; “control verification procedures” means arrangements put in place and actions performed by the competent authority for the purposes of ensuring that official controls are consistent and effective; “county executive committee member” means the county executive committee member responsible for fisheries in the respective county government; “critical control point” means any point, step or procedure at which control can be applied and a food safety hazard is prevented, eliminated or reduced to acceptable levels; “designated fish landing stations” means a fish landing station designated as such pursuant to section 50 of the Act ; “designated person” includes a fisheries inspector or a beach management unit official; “diseased fish” means a fish on or in which pathological changes or other abnormalities are apparent; “disinfection” means the application of hygienically satisfactory chemical or physical agents and processes to clean surfaces with the intention of eliminating micro-organisms; “factory vessel” means any vessel on board which fish and fish products undergo processing wrapping and packing if necessary; “farming” in relation to any fish means the breeding, cultivating and rearing of such fish or the cultivating of any such vegetation, as the case may be; “fish feed” means any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding in fish farming systems producing fish for human and animal consumption; “fisheries inspector” means a person appointed under the Act ; “fishery enterprise” means any premises, public or private and whether for profit or not, where operations related to production, farming , handling, manufacture, processing, storage, packaging , transport or distribution and marketing of fish, fish products and fish feed for human and animal consumption are undertaken; “fish product” has the same meaning as assigned under the Act ; “freezer vessel” means any vessel in which freezing of fish and fish products is carried out on board and where appropriate, wrapping or packaging is done; “frozen product” means any fish and fish product which has undergone a freezing process to reach a core temperature not exceeding minus eighteen degrees centigrade after temperature stabilization; “hazard” means any agent or condition with the potential to have an adverse effect on human, animal or plant health, animal welfare or the environment; “hazard analysis critical control point” means a system which identifies, evaluates and controls hazards which are significant for food safety; “internal control system” means all those actions undertaken by a fishery enterprise aimed at ensuring and demonstrating that a fish product satisfies the requirements of product safety as provided in these Regulations; “marine biotoxins” means poisonous substances accumulated by fish and bivalve molluscs in particular as a result of feeding on plankton containing toxins; “official control” means activities performed by the competent authority to verify compliance by fishery enterprise with these Regulations; “official control activities” means activities performed by the competent authority in granting approvals; “packaging” means the procedure of protecting fish and fish products by a wrapper, a container or any other suitable material or device; “placing on the market” means the holding, displaying or offering of fish or fish products for the purpose of sale locally and for export or any other form of transfer undertaken as provided under these Regulations; “potable water” means water suitable for human consumption and safe to use in any fishery enterprise for the manufacture, processing, preservation or marketing of products or substances intended for human consumption; “processed products” means any fish and fish products which have undergone the processing; “public health officer” means a public health officer within the meaning of the Public Health Act ( Cap. 242 ); “relaying” means moving bivalve molluscs from polluted waters to areas approved by the competent authority ; “risk” means a function of the probability of an adverse effect on human, animal or plant health, animal welfare or the environment and the severity of that effect, consequential to a hazard ; “risk assessment” means a scientifically based process consisting of four steps; hazard identification and characterization, exposure assessment and risk characterization; “traceability” means the ability to trace and follow fish, fish product , fish feed , materials in direct contact with fish product or any other substance intended, or expected to be incorporated into a fish product or fish feed , through all stages of production, processing and distribution; “Technical Committee” means the Technical Committee on Fish Quality and Safety established pursuant to section 58 (2) of the Act ; “verification” means checking, by examination and the consideration of objective evidence, whether specified requirements have been fulfilled; “veterinary drug” means any substance applied or administered to any food producing animal whether used for therapeutic, prophylactic or diagnostic purposes or for modification of physiological function or behaviour; “veterinary officer” means a veterinary officer within the meaning of the Animal Diseases Act ( Cap. 364 ); and “withdrawal period” means the duration of time between the last dose given to the fish and the time when the level of residues in the tissues or products falls below the maximum allowable residue levels.
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PRELIMINARY - 3. Scope of application

AI-assisted research summary: These Regulations apply to controlling the safety and quality of fish, fish products and fish feeds to safeguard human and animal health.

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.

Part II

OFFICIAL CONTROL ENTITIES

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OFFICIAL CONTROL ENTITIES - 10. Functions of afisheries inspector

AI-assisted research summary: Lists the functions of a fisheries inspector, including food-safety systems, hygiene, traceability, sampling, reporting, certification, health controls, truck approvals, and other assigned functions; and states the inspector is responsible to the competent authority for performance of those functions.

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 section 84 (4) of the Act , a fisheries inspector shall be responsible to the competent authority for the performance of their functions.
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OFFICIAL CONTROL ENTITIES - 11. Powers of fisheries inspectors

AI-assisted research summary: Fisheries inspectors have the same powers as authorized officers under the Act and specific powers to enter, search, examine, sample, seize, and temporarily withdraw approval numbers to enforce the Regulations.

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) examine and take copies of any book, document, equipment or tools or any other record in any form likely to contain any information relevant to the enforcement of these Regulations; Section 11(2)(h) seize, condemn or destroy any fish, fish product or fish feed that is unfit for human consumption, diseased or otherwise contaminated; and Section 11(2)(i) temporarily withdraw an approval number allocated to a fishery enterprise in the register pursuant to section 58 (3)(g), until they comply with requirements of these Regulations.
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OFFICIAL CONTROL ENTITIES - 12. Identification of fisheries inspectors

AI-assisted research summary: A fisheries inspector must produce a certificate of identification when exercising powers or performing functions under these Regulations; the certificate shall be issued by the Director-General in Form KeFS/FS/A1 set out in the Fourth Schedule.

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.
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OFFICIAL CONTROL ENTITIES - 13. Records and reports by afisheries inspector

AI-assisted research summary: Fisheries inspectors must record the status of approved fishery enterprises, landing stations or carriers and any closures that contravene the Regulations; the competent authority must preserve such records for thirty-six months.

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.
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OFFICIAL CONTROL ENTITIES - 4. Assessment by thecompetent authority

AI-assisted research summary: The competent authority is responsible for assessment and public information duties described in Section 4.

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 .
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OFFICIAL CONTROL ENTITIES - 5. County report onofficial control

AI-assisted research summary: Every county must submit an annual inspection report on official control activities to the competent authority one month after the end of each calendar year, in the Form set out in the First Schedule.

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.
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OFFICIAL CONTROL ENTITIES - 6. Annual report onofficial control

AI-assisted research summary: The inspection report prepared by the competent authority must form part of the annual report on official control.

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.
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OFFICIAL CONTROL ENTITIES - 7. Technical committee on fish quality and safety

AI-assisted research summary: Establishes the Technical Committee on Fish Quality and Safety and names its members and how they are appointed, including the Director-General as Chairperson, the Head of Fish Safety and Quality Assurance as Secretary, one person nominated by the Council of Governors and appointed by the Cabinet Secretary, and up to four persons appointed in writing by the Cabinet Secretary; it also lists stakeholders (fish exporters, fish processors, fisheries inspectors’ associations, academia and research).

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.
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OFFICIAL CONTROL ENTITIES - 8. Functions of theTechnical Committee

AI-assisted research summary: The Technical Committee must perform the functions set out in section 58(3) of the Act.

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 .
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OFFICIAL CONTROL ENTITIES - 9. Conduct of business and affairs

AI-assisted research summary: The Technical Committee must conduct its business and affairs in the manner provided in the Second Schedule.

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.

Part III

OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS

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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 14. Approval for establishment and use of afishery enterprise

AI-assisted research summary: No person must establish or use a fishery enterprise for producing, processing, storing, packaging, transporting or placing 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. 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.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 15. Refusal to grant approval

AI-assisted research summary: Section 15 lists grounds for refusing approval, allows the competent authority to issue conditional approvals, sets conditional approval duration limits, and requires the fishery enterprise to pay the fish processing licence fee set out in the Sixth Schedule.

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.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 16. Construction or refurbishing offishery enterprise

AI-assisted research summary: No person may construct or refurbish a fishery enterprise without approval from the Director-General; applicants must comply with specified health conditions during works; the Director-General must inspect the site upon completion of works to inform issuance of a fish processing licence.

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.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 17. Export fishery enterprises

AI-assisted research summary: No person may operate an export‑oriented fishery enterprise without a valid certificate of compliance.

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) investigations by the Director-General reveal non-compliance with the provisions of these Regulations or any other written law. Section 17(7) Where a certificate of compliance is revoked under subregulation (5) , all operations in the fishery enterprise to which it relates shall cease forthwith. Section 17(8) Where a certificate is revoked or replaced, the applicant shall meet the cost of revocation or replacement.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 18. Internal controls

AI-assisted research summary: Fishery enterprises shall implement the system of internal controls set out in the Seventh Schedule.

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.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 19. Suspension, withdrawal and cancellation of approval

AI-assisted research summary: The competent authority may suspend, vary or cancel approvals for fishery enterprises where specified conditions exist; it must notify entities of suspensions and may revoke approvals unless conditions are met. A fisheries inspector may suspend approvals without notice where there is an imminent risk to public health but must communicate that suspension to the competent authority within twenty-four hours, and the competent authority must confirm or rescind the inspector's suspension within seven days.

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 suspension which is not be reported in accordance with this sub-regulation shall be void. Section 19(5) Upon receipt of the communication of suspension under subregulation (4) , the competent authority shall, within seven days of receipt of the communication, formally confirm or rescind the decision of the fisheries inspector and indicate the reasons thereof.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 20. Closure offishery enterprise

AI-assisted research summary: The competent authority may temporarily or permanently close a fishery enterprise that contravenes these Regulations.

Section 20. Closure offishery enterprise Section The competent authority may temporarily or permanently close a fishery enterprise that contravenes these Regulations.
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OFFICIAL CONTROL OF ESTABLISHMENT AND OPERATIONS - 21. Establishment of an ice plant or a cold store

AI-assisted research summary: No person may establish or operate an ice plant or a cold store for fish or fish products without approval; persons intending to establish must meet the requirements set out in Part II paragraph D of the Fifth Schedule.

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.

Part IV

OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING

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OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING - 22. Landing station

AI-assisted research summary: Fish shall be hygienically handled from the vessel, landed and weighed at designated fish landing stations.

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.
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OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING - 23. Movement permit

AI-assisted research summary: No person may transport fish unless they hold a valid permit; persons must obtain a local fish health certificate before transporting from a landing station; fisheries inspectors must regularly inspect transport approvals; breaching the transport-permit rule is an offence punishable by a fine not exceeding twenty thousand shillings or imprisonment up to three months, or both.

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 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.
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OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING - 24. Live fish movement

AI-assisted research summary: Obtain a live fish movement permit.

Section 24. Live fish movement Section obtain a live fish movement permit issued in schedule
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OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING - 25. Handling of fish maws and fish by-products

AI-assisted research summary: Handling of fish maws and fish by-products at authorized fishery enterprises.

Section 25. Handling of fish maws and fish by-products Section at authorized fishery enterprises;
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OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING - 26. Handling of fish unfit for human consumption

AI-assisted research summary: Any fish declared unfit for human consumption that cannot be used for animal feed must be incinerated or buried.

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.
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OFFICIAL CONTROL OF LANDING, MOVEMENT AND HANDLING - 27. Traceability

AI-assisted research summary: Operators of fish enterprises must keep and maintain traceability data from capture and aquaculture for every step of handling fish and fish products, as set out in the Ninth Schedule.

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.

Part IX

LICENCES, PERMITS AND CERTIFICATES

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LICENCES, PERMITS AND CERTIFICATES - 51. Issuance of licence, permit or certificate

AI-assisted research summary: People who need a licence, permit or certificate must apply using the specified Form; the Director-General or county executive committee member may attach conditions to issued licences, permits or certificates.

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.
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LICENCES, PERMITS AND CERTIFICATES - 52. Power to refuse a licence, permit or certificate

AI-assisted research summary: The Director-General or county executive committee member may refuse to issue any licence, permit or certificate required under these Regulations (stating reasons). An aggrieved person may appeal according to regulation 60.

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 .
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LICENCES, PERMITS AND CERTIFICATES - 53. Power to modify

AI-assisted research summary: Director-General or county executive committee member may modify licences, and the licensee must surrender the modified licence, permit or certificate to the licensing officer for endorsement within seventy-two hours of a written notice on modification.

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.
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LICENCES, PERMITS AND CERTIFICATES - 54. Power to suspend

AI-assisted research summary: If a licence, permit or certificate is suspended under these Regulations, the Director-General or the county executive committee member must repossess it and may return it to the licensee if satisfied the suspension grounds no longer apply.

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.
55
LICENCES, PERMITS AND CERTIFICATES - 55. Validity

AI-assisted research summary: Licences, permits or certificates are valid until the date shown on them, or if no date is shown, until 31 December of the year of issue; export permits for fresh fish are valid for 14 days and for other fish/products/feeds for 21 days and may be extended.

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.
56
LICENCES, PERMITS AND CERTIFICATES - 56. Transferability

AI-assisted research summary: Licences, permits and certificates issued under these Regulations are not transferable.

Section 56. Transferability Section A licence, permit or certificate issued under these Regulations shall not be transferable.
57
LICENCES, PERMITS AND CERTIFICATES - 57. Replacement

AI-assisted research summary: A licencee may be issued a duplicate licence, permit, or certificate if the original is lost, defaced or mutilated, upon payment of the fee in the Sixth Schedule.

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.
58
LICENCES, PERMITS AND CERTIFICATES - 58. Register

AI-assisted research summary: The Director-General or a county executive committee member must keep and maintain a separate register for each type of licence, permit, or certificate issued under these Regulations.

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.
59
LICENCES, PERMITS AND CERTIFICATES - 59. Effect of a conviction

AI-assisted research summary: Conviction causes cancellation of the licence/permit/certificate; the holder is disqualified from holding related authorisations for two years and must surrender cancelled documents within 14 days to the Director-General or county executive committee member.

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 .
60
LICENCES, PERMITS AND CERTIFICATES - 60. Appeals.

AI-assisted research summary: Appeals: Section refers to refusing to approve or issue a licence, permit or certificate.

Section 60. Appeals. Section refuse to approve or issue a licence, permit or certificate;
61
LICENCES, PERMITS AND CERTIFICATES - 61. Fees

AI-assisted research summary: Fees for licences, permits or certificates under these Regulations are set out in the Sixth Schedule.

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.

Part V

INSPECTION

28
INSPECTION - 28. Inspection of afishery enterprise

AI-assisted research summary: Section 28 requires inspections of a fishery enterprise at specified triggers and states that inspection frequency is informed by enterprise rating.

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.
29
INSPECTION - 29. Areas to be inspected

AI-assisted research summary: Section 29 lists the areas and items to be inspected in relation to fishery enterprises (site state and use, raw materials, semi‑finished and finished products, surfaces, cleaning products, pesticides, processes, labelling, preservation, transportation) and inspection methods (interviews, reading recorded instrument values, measurements by the competent authority, review of manual and electronic information).

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 29(2)(b) the reading of values recorded by calibrated measuring instruments installed in the fishery enterprise ; Section 29(2)(c) measurements carried out by the competent authority , with its institutional calibrated instruments; and Section 29(2)(d) information contained in manual and electronic materials held by the fishery enterprise .
30
INSPECTION - 30. Notification of non-compliance

AI-assisted research summary: Section 30(1)(a) requires implementation of corrective action within an agreed specified time; Section 30(1)(b) requires cessation of operations in the fishery enterprise until non-compliance issues are addressed to the satisfaction of a fisheries inspector.

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 .
31
INSPECTION - 31. Inspection of aconsignment

AI-assisted research summary: Provides for inspection of a consignment to determine whether the conditions in which the batch was produced, processed, stored, packed, transported or placed on the market are proper.

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;
32
INSPECTION - 32. Health certificate

AI-assisted research summary: No person may place on the market or export fish, fish products, fish feed or aquaculture products without a valid health certificate; the competent authority must tell the applicant reasons for refusal within fourteen days, and where a certificate is withdrawn or replaced the applicant must meet the cost of withdrawal or replacement.

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 the date of the decision. Section 32(5) A health certificate issued under this regulation may be withdrawn or replaced. Section 32(6) Where a certificate is withdrawn or replaced, the applicant shall meet the cost of withdrawal or replacement.
33
INSPECTION - 33. Consignment recall

AI-assisted research summary: The Director-General may recall any batch or consignment of fish, fish products or fish feed that fails to meet the requirements under these Regulations.

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.
34
INSPECTION - 34. Inspection fees

AI-assisted research summary: The Director-General or the county executive committee member must charge an inspection fee on licensees.

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.
35
INSPECTION - 35. Obstruction during inspection

AI-assisted research summary: Owners, occupiers, persons in-charge, and employees of fishery enterprises must not obstruct fisheries inspectors during inspections; doing so is an offence subject to the penalty in section 156 of the Act.

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 .

Part VI

HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET

36
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 36. Placing on the market of fish and fish products

AI-assisted research summary: Section 36. Placing on the market of fish and fish products

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 .
37
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 37. Prohibited harvest areas forbivalve molluscs

AI-assisted research summary: No person may harvest bivalve molluscs or shellfish for human or animal consumption from areas other than those specified by the competent authority and meeting the Twelfth Schedule conditions; contravention is an offence punishable by a fine not exceeding twenty thousand shillings or imprisonment not exceeding three months, or both.

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.
38
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 38. Certificates of origin forbivalve molluscs

AI-assisted research summary: Bivalve mollusc consignments must be accompanied by a certificate of origin; persons may not possess, consign or transfer such consignments unless accompanied by that certificate. The competent authority issues certificates upon payment of fees. Fishers and recipients must keep the original certificate for twelve months. Contravention is an offence punishable by fine or imprisonment.

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.
39
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 39. Prohibition onplacing on the marketof certain species

AI-assisted research summary: It is prohibited for any person to place poisonous fish on the market.

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 ).
40
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 40. Placing on the market of fish and fish products from aquaculture

AI-assisted research summary: Entities covered by subregulation (1) must follow market placement requirements, register with the competent authority, source from approved aquaculture facilities, ensure harvested fish show no clinical disease, and movement of aquaculture fish to a fisher enterprise requires an aquaculture movement permit; the competent authority shall authorize slaughtering for disease control.

Section 40. Placing on the market of fish and fish products from aquaculture Section 40(1)(a) observe the requirements for placing on the market fish and fish products provided in the Thirteenth Schedule; Section 40(1)(b) register with the competent authority ; and Section 40(1)(c) source aquaculture fish and fish products from an aquaculture production facility that has implemented the internal system to control safety hazards in the farmed fish and guarantees the traceability of fish during harvesting, transportation and storage. Section 40(2) Every entity in subregulation (1) shall ensure that all aquaculture fish that is ready for harvesting shall not show any clinical signs of disease. Section 40(3) Any harvesting, introduction into a dispatch centre or purification centre, further processing or any other related operations involved in the preparation of aquaculture products for entry into the food chain shall be carried out under conditions that prevent the spread of pathogens responsible for causing disease. Section 40(4) Every dispatch centre, purification centre and other similar businesses shall be equipped with effluent treatment facilities capable of inactivating disease-causing pathogens and reducing the risk of transmission of the disease to natural water bodies to acceptable levels. Section 40(5)(a) use a bio-security plan that is adaptable, addresses local disease threats, prevents environmental degradation and prevents the introduction of any infectious organism by controlling infectious diseases within the facility; Section 40(5)(b) engage a qualified veterinarian or fish pathologist to undertake diagnostics, treatment and relevant monitoring in accordance with these Regulations; Section 40(5)(c) keep records of monitoring the production process for the purposes of preventing misuse and detection of residues and contaminants in accordance with section 70 of the Act ; Section 40(5)(d) not use any drug, pharmaceutical antibiotic or other chemical without the written approval of the Director-General; and Section 40(5)(e) availed to the Director-General or the county executive committee member on request or inspection; and Section 40(5)(e)(i) availed to the Director-General or the county executive committee member on request or inspection; and Section 40(5)(e)(ii) retained for a period of at least three years. Section 40(6) Any person intending to transfer aquaculture fish to a fisher enterprise shall obtain an aquaculture movement permit in Form KeFS/FS/A8 set out in the Fourth Schedule. Section 40(7) The competent authority shall authorize the fishery enterprise slaughtering aquaculture products for disease control purposes. Section 40(8) Any person who contravenes the provisions of this regulation commits an offence and shall be liable to the penalty prescribed under section 70(2) of the Act .
41
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 41. Use of pharmaceuticals, drugs, antibiotics,etcin aquaculture

AI-assisted research summary: If contaminated products or prohibited substances are found at an aquaculture facility or fishery enterprise, the management of the facility must cooperate with the competent authority to safely dispose of the contaminant or substance.

Section 41. Use of pharmaceuticals, drugs, antibiotics,etcin aquaculture Section 41(1) Where any drug, pharmaceuticals, antibiotics or other chemicals are administered on any aquaculture fish and fish products in accordance with section 70 of the Act , a withdrawal period of thirty days after administering the pharmaceuticals antibiotics or other chemicals shall be observed before placing the aquaculture fish or fish products in the market. Section 41(2) The concentration of any drug, pharmaceutical antibiotics or other chemicals residue in the harvested fish shall not exceed the maximum residue limit specified in any applicable law. Section 41(3) Any aquaculture fish and fish products shall be accompanied by a declaration stating whether drug, pharmaceuticals, antibiotics or other chemicals have been used in the farming of fish and whether the withdrawal period has been observed. Section 41(4) Where contaminated products or prohibited substances are identified in an aquaculture facility or fishery enterprise handling aquaculture products, the management of the facility shall cooperate with the competent authority to safely dispose the contaminant or the substance.
42
HEALTH CONDITIONS FOR PRODUCTION AND PLACING ON THE MARKET - 42. Placing on the market of aquaculture feeds

AI-assisted research summary: Fishery enterprises intending to place commercial aquaculture feed on the market must register with the Director-General or the county executive committee member, and must use safe feeds, submit samples for accredited analysis, and keep proper records.

Section 42. Placing on the market of aquaculture feeds Section 42(1) Any fishery enterprise intending to place on the market fish feed for commercial aquaculture shall register with the Director-General or the county executive committee member . Section 42(2)(a) use safe and quality feeds; Section 42(2)(b) submit samples of fish feed to an accredited laboratory for analysis to determine the safety and quality as required; and Section 42(2)(c) keep proper records of all fish feeds produced or used by the fishery enterprise . Section 42(3) Any fish feed ingredients containing toxins and contaminants shall not be used in aquaculture. Section 42(4) Fish feed treated with veterinary medicinal supplements including hormones and antibiotics shall not be used unless approved under the terms of the Veterinary Surgeons and Veterinary Paraprofessionals Act ( Cap. 366 ) and the Veterinary Surgeons and Veterinary Paraprofessionals (Veterinary Medicine Directorate) Regulations, 2015. Section 42(5) Fish feeds shall be used before the expiry date and expired feeds shall be disposed of under the supervision of the Director-General or the county executive committee member , as the case may be. Section 42(6) Medicated feed shall be used in aquaculture in accordance with instructions of an authorised veterinary surgeon or veterinary para-professional. Section 42(7) Fish feed shall be stored in properly constructed and well-ventilated facilities with protection from pests and vermins.

Part VII

EXPORT AND IMPORT OF FISH, FISH PRODUCTS AND FISH FEED

43
EXPORT AND IMPORT OF FISH, FISH PRODUCTS AND FISH FEED - 43. General conditions

AI-assisted research summary: General conditions for export and import of fish and fish products: safety and health conditions during production, storage and dispatch; compliance with standards in the Fifth Schedule; consignments must be accompanied by a health certificate; labelling with the fishery enterprise reference number and accompanying certificate.

Section 43. General conditions Section 43(1)(a) safety and having met the conditions stated in subregulation (2) ; Section 43(1)(b) the actual health conditions during production, storage and dispatch of fish products intended for export and import; and Section 43(1)(c) the assurance on the compliance with the standards laid down in the Fifth Schedule. Section 43(2)(a) possession of a health certificate which shall accompany the consignment of fish or fish products to the importing country; and Section 43(2)(b) labelling of the fish and fish products, with the reference number of the fishery enterprise of origin, including imported fish and fish products, for further processing and accompanied by the certificate referred to in paragraph (a) from the country of origin.
44
EXPORT AND IMPORT OF FISH, FISH PRODUCTS AND FISH FEED - 44. Imports

AI-assisted research summary: No person must not import a batch or consignment of fish or fish product unless accompanied by a fish import permit and a fish sanitary or health certificate issued by the competent authority of the exporting country; live fish imports must be accompanied by a notification letter from the authorized fisheries person; imported live fish must be quarantined for forty days and then tested.

Section 44. Imports Section 44(1) No person shall import a batch or consignment of fish or fish product , without a fish import permit and a fish sanitary or health certificate issued by the competent authority of the exporting country in respect of the batch or consignment . Section 44(2)(a) made to the Director-General in Form KeFS/FS/A12 set out in the Fourth Schedule or any other approved electronic format; and Section 44(2)(b) in the case of live fish imports, accompanied by a letter of notification from the authorized person responsible for fisheries in the country of origin. Section 44(3) All imported live fish shall be placed under quarantine for a period of forty days and thereafter confirmatory laboratory diagnosis tests to confirm that they are free from diseases and parasites.
45
EXPORT AND IMPORT OF FISH, FISH PRODUCTS AND FISH FEED - 45. Import inspection

AI-assisted research summary: All foreign vessels or reefer vessels must undergo import inspection and be issued a foreign vessel import inspection certificate in Form KEFS/FS/A9.

Section 45. Import inspection Section All foreign vessels or reefer vessels shall be subjected to import inspection and issued with a foreign vessel import inspection certificate in Form KEFS/FS/A9 set out in the Fourth Schedule.
46
EXPORT AND IMPORT OF FISH, FISH PRODUCTS AND FISH FEED - 46. Exports

AI-assisted research summary: Section 46 lists documents required for exports and sets application and timing rules for export permits.

Section 46. Exports Section 46(1)(a) an export permit; Section 46(1)(b) a fish processing licence; Section 46(1)(c) a certificate of registration of local fishing vessel in the case of fishing vessels; Section 46(1)(d) a certificate of compliance with Kenyan standards for fish handling and processing; and Section 46(1)(e) a valid sanitary health certificate. Section 46(2) Any applications for an export permit shall be made to the Director-General in Form KeFS/FS/A12 set out in the Fourth Schedule. Section 46(3)(a) fourteen days for fresh fish and fish products; and Section 46(3)(b) twenty-one days for other fish, fish products and fish feeds.
47
EXPORT AND IMPORT OF FISH, FISH PRODUCTS AND FISH FEED - 47. Export and import from marine waters

AI-assisted research summary: Persons intending to import marine fish for raw materials for further processing must make an import declaration in Form KEFS/FS/A10 set out in the Fourth Schedule.

Section 47. Export and import from marine waters Section 47(1) Any person intending to import marine fish for raw materials for further processing shall make an import declaration in Form KEFS/FS/A10 set out in the Fourth Schedule. Section 47(2) Fish and Fish products from marine waters and intended for export or import shall be accompanied by a catch certificate issued in Form KeFS/FS/A11 set out in the Fourth Schedule.

Part VIII

LABORATORIES

48
LABORATORIES - 48. Accredited laboratories

AI-assisted research summary: The Director-General must keep a list of accredited laboratories and specify which tests each laboratory is accredited to perform.

Section 48. Accredited laboratories Section The Director-General shall maintain a list of accredited laboratories specifying the particular test or group of tests that may be undertaken in the specified laboratory.
49
LABORATORIES - 49. Standards for accredited laboratories

AI-assisted research summary: Accredited laboratories must comply with ISO Standard 17025 or other standards the Director-General may specify.

Section 49. Standards for accredited laboratories Section comply with the requirements of the International Organization for Standardization Standard Number 17025 or such other standards as the Director-General may specify from time to time;
50
LABORATORIES - 50. Selection of a laboratory

AI-assisted research summary: The Director-General must select one laboratory from the list under regulation 48 for each type of test required for official control of fish, fish products or fish feed.

Section 50. Selection of a laboratory Section 50(1) For each test required for the purposes of official control of fish, fish products or fish feed , the Director-General shall select one laboratory from the list under regulation 48 for each type of test required for purposes of official control . Section 50(2)(a) advising the Director-General on the designation and nomination of official laboratories for the purpose of official control ; Section 50(2)(b) co-ordinating and supporting the activities of official laboratories in respect of the technical standards and methodologies of the testing services for which they are appointed; Section 50(2)(c) offering training to technical personnel of the official testing laboratories; Section 50(2)(d) organizing and participating in comparative tests of standardized samples, on a national and international basis, with a view to monitoring the proficiency of official laboratories; Section 50(2)(e) ensuring that all official laboratories maintain internal systems of quality assurance including method validation, record keeping, reagent storage, safety, and routine calibration of equipment; Section 50(2)(f) disseminating information from the reference laboratories to the Director-General and other laboratories carrying out the testing of fish, fish products and fish feed , whether or not for the purposes of official control ; and Section 50(2)(g) providing scientific and technical assistance to the Director-General in the implementation of co-ordinated control plans.

Part X

FINAL PROVISIONS

62
FINAL PROVISIONS - 62. Monitoring

AI-assisted research summary: Requires the Director-General or county executive committee member to design and implement annual monitoring programmes for fish, fish products and fish feed; requires the Director-General to design a bivalve mollusc harvest-area monitoring programme per the Twelfth Schedule; requires the Technical Committee to prepare and submit an annual monitoring report to the competent authority.

Section 62. Monitoring Section 62(1) The Director-General or the county executive committee member shall design and implement annual monitoring programmes for fish, fish products and fish feed with the objective of assessing the nature and extent of the safety hazards associated with these products. Section 62(2) Without prejudice to the generality of the provisions of subregulation (1) , the Director-General shall design and implement a monitoring programme for the harvest areas of bivalve molluscs in accordance with the conditions provided in the Twelfth Schedule. Section 62(3)(a) heavy metals; Section 62(3)(b) residues of drugs, pharmaceuticals, antibiotics or other chemicals permitted in aquaculture under the terms of the Veterinary Surgeons and Veterinary Paraprofessionals Act ; Section 62(3)(c) residues of substances banned in aquaculture under the terms of the Veterinary Surgeons and Veterinary Paraprofessionals Act ( Cap. 366 ); Section 62(3)(d) pesticides residues; Section 62(3)(e) parasites in fish of significance to public health; and Section 62(3)(f) other hazards in fish, fish products and fish feed . Section 62(4) The monitoring programmes shall specify the sampling plan, the methods of analysis to be used and, where applicable, the performance criteria. Section 62(5) The Technical Committee shall prepare a report on annual monitoring programmes undertaken under this regulation and submit it to the competent authority .
63
FINAL PROVISIONS - 63. Offences

AI-assisted research summary: A person who commits an offence under these Regulations where no penalty is prescribed is liable, on conviction, to the penalty under section 60 (2) of the Act.

Section 63. Offences Section 63(1) A person who commits an offence under these Regulations where no penalty is prescribed is liable, on conviction, to the penalty under section 60 (2) of the Act .
64
FINAL PROVISIONS - 64. Revocation. L.N. 61 of 2024

AI-assisted research summary: The Fisheries Management and Development (Safety and Quality) Regulations, 2024 are revoked.

Section 64. Revocation. L.N. 61 of 2024 Section 64(1) The Fisheries Management and Development (Safety and Quality) Regulations, 2024 are revoked.
65
FINAL PROVISIONS - 65. Savings and Transition

AI-assisted research summary: Proceedings taken by the standing committee and the technical committee under the Fisheries Management and Development (Safety and Quality) Regulations, 2024 are deemed to be proceedings under these Regulations.

Section 65. Savings and Transition Section any proceedings taken by the standing committee and the technical committee in the performance of their functions under the Fisheries Management and Development (Safety and Quality) Regulations, 2024 shall be deemed to be proceedings under these Regulations;

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