The Dairy Industry (Dairy Produce Safety) Regulations

Section 1. Citation Section These Regulations may be cited as the Dairy Industry (Dairy Produce Safety) Regulations.

Section 2. Interpretation Section convey by hand or by any other means;

Section 3. Application Section These Regulations apply in respect to dairy produce and the activities that affect the safety of dairy produce throughout the dairy value chain.

Section 4. Objects of the Regulation Section to enhance compliance to safety standards of dairy produce

Section 5. Conditions for Sale of dairy produce Section 5(1)(a) the milk is obtained from a healthy animal and is, to the best of the knowledge of the seller, free from a disease, antibiotic residue, contaminant, adulterant or preservative and meets the relevant Standard for raw milk; Section 5(1)(b) the buyer collects the milk from where the milk is produced using a clean, hygienic food grade, container; Section 5(1)(c) the seller expressly communicates to the buyer that the milk is raw and the buyer commits to ensure that it is safe for domestic consumption. Section 5(1)(d) the milk shall not be resold; Section 5(2) No persons shall engage in hawking of dairy produce except as provided for in this regulation. Section 5(3) Paragraph 5(1) does not apply to sale of milk in urban centers and cities where urban centers and cities are as defined by the relevant legislation. Section 5(4)(a) the dairy produce is sold in a container that meets the requirements set forth in these Regulations; Section 5(4)(b) the treatment process meets the requirements of the relevant Standard; and Section 5(4)(c) The dairy produce offered for sale meets the relevant standards and safety requirements.

Section 6. Safety Practices Section A person shall not trade in, sell or otherwise offer for sale any dairy produce which is not compliant with the relevant standard.

Section 7. Conditions for sale of dairy produce Section pasteurization;

Section 8. Requirement to impound, destroy and cancellation of permit Section 8(1) Where, a compliance officer has reasonable ground for believing that a person produces or handles dairy produce in a way that is contrary to these Regulations, the compliance officer may impound and destroy or cause the dairy produce to be destroyed; and the compliance officer shall suspend the dairy regulatory permit; Section 8(2) Where a regulatory permit has been suspended the Board shall notify the public in an appropriate manner.

Section 9. Adulterated or misbranded milk Section 9(1) A person shall not sell, attempt to sell, offer or expose for sale or have in possession with intent to provide, sell, offer or expose for sale any dairy produce which is adulterated or misbranded. Section 9(2) For the purposes of this regulation misbranded milk means milk or dairy produce labeled with misleading information or information that is contrary to the provisions of these Regulations.

Section 10. Offence for not meeting standards Section Any person who fails to comply with any of the provisions of this Part shall be liable, on conviction, to a fine not exceeding ten thousand shillings or imprisonment for a period not exceeding twelve months, or both such fine and imprisonment.

Section 11. Application Section This Part applies to labeling and packaging of dairy produce in accordance with the relevant Standard.

Section 12. Information on labeling to be clear Section Information required to be shown on the label of dairy produce, container, truck or vehicle shall be in accordance to the standard.

Section 13. Exception from labeling requirements Section Regulation 10 shall not apply to a milk tank truck, milk can containing raw milk, a storage tank for raw or pasteurized milk, or a milk storage tank in a milk collection center.

Section 14. Identification on containers to be by name or number Section Every container for raw milk from individual dairy farms shall be identified by the name or number unique to each individual milk producer at the collection center or the processing plant.

Section 15. Several plants operated by same company Section Where a company operates more than one processing plant, only one common name shall be indicated on all its containers or packages in addition have a system capable of identifying where the produce was obtained or processed and packaged.

Section 16. Contract processing Section Where a person processes, purchases or distributes dairy produce at a different processing plant other than their own, the name and the address of the other corresponding plant shall be indicated on the label.

Section 17. Duty of dairy business operator Section A dairy business operator shall ensure that the labeling is done in accordance with the requirements of the relevant standard.

Section 18. Offence to use misleading mark, words,etc. Section 18(1) Any person who knowingly uses a misleading mark, word or endorsement on the label or superimposes any material to conceal the contents of the label commits an offence and shall be liable, on conviction to a fine not exceeding ten thousand shillings or imprisonment not exceeding three months, or both. Section 18(2) The use of a trademark or a similar logo on a milk truck, van, tanker, bottle or other container or vehicle shall not constitute a misleading mark or word so long as the same is not used so as to obscure the required labeling.

Section 19. Examining, testing and disposal of dairy produce Section collecting and handling samples;

Section 20. Dairy Business Operator to sample dairy produce Section 20(1) A dairy business operator shall examine, test and grade dairy produce before acceptance in accordance to the requirements of the relevant standard. Section 20(2) A sample collected for the purpose of paragraph (1) shall be analyzed by the dairy business operator as a routine monitoring of its quality and safety. Section 20(3) The quantity of the milk and the reason for the rejection shall be submitted to the Board not later than the 10th day of the succeeding month in Form A in the Schedule. Section 20(4) In the case of a milk processing plant during any consecutive twelve months, for every batch of raw milk for processing, a sample shall be obtained by the processor and submitted to a laboratory for quality and safety analysis; Section 20(5) Records of the tests done under regulation 4 shall be maintained and made accessible to the compliance officer when required.

Section 21. Sampling for official control Section A compliance officer, or a person duly authorized by the Board for that purpose, shall obtain representative samples of dairy produce in the presence of the dairy business operator at any point of the value chain at least quarterly or at any time prior to delivery of the dairy produce to the shop or consumer. Samples obtained shall be at the cost of dairy business operator while the collection and testing cost shall be met by the Board.

Section 22. Collection of Samples Section A sample of dairy produce from a retail shop, supermarket, grocery shop or any other place where dairy produce is sold shall be examined at least quarterly by a compliance officer or a person duly authorized by the Board for that purpose and the results of such testing shall be used to determine compliance with the relevant standard. Samples shall be obtained at the cost of the Board.

Section 23. Recall and withdrawal of non-compliant dairy produce Section 23(1) Where non-compliance is detected in dairy produce, the dairy business operator or the person responsible for the same shall take necessary action in accordance to the requirements of the Dairy Industry (Traceability and Recall) Regulations (sub. leg). Section 23(2) Whenever the results of tested samples fail to meet the relevant standard, the producer or dairy business operator shall take immediate remedial action, which may include making a withdrawal, halting production, placing distribution on hold, produce recycling or initiating concessions.

Section 24. Tests and test methods Section The tests and test methods for assessing compliance by a dairy business operator shall be as per the relevant standards.

Section 25. Breakdown during processing Section Whenever a breakdown during the processing or packaging of dairy produce occurs, a likelihood of a public health risk shall be presumed and the dairy business operator shall take prompt appropriate action to avert the risk.

Section 26. Offence to sell or offer for sale substandard dairy produce Section 26(1) No person shall sell or offer for sale any dairy produce that does not meet the relevant standard. Section 26(2) A person who contravenes any of the provisions of these regulations commits an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Section 59. Design, Location and construction of a milk bar Section floors of all rooms in which milk or dairy produce are handled, converted, packaged, or stored, or in which milk containers, utensils, and or equipment are washed, is constructed of good quality concrete or equally impervious tile or brick laid closely with impervious joint material, or metal surfacing with impervious joints, or other material which is the equivalent of good quality concrete;

Section 60. Milk Storage tanks, containers and utensils Section milk storage tanks and containers shall be used to store dairy produce only.

Section 61. Milk bars to sell safe dairy produce Section 61(1)(a) only selling pasteurized dairy produce; Section 61(1)(b) keep records of processed milk suppliers at all times including quality certificates; and Section 61(1)(c) dispense dairy produce hygienically from a labelled, tamper proof, food grade and easy to clean equipment; Section 61(1)(d) ensure that the equipment and utensils used in handling and storage of dairy produce in milk are made of food grade material which easy to clean and disinfect, corrosion resistant and not capable of transferring harmful substances to the dairy produce. Section 61(2)(a) the storage, handling and use of poisonous or toxic materials is performed to preclude the contamination of dairy produce, or ingredients of such dairy produce, or the product-contact surfaces of all containers, utensils and equipment; Section 61(2)(b) only insecticides and rodenticides approved by the competent authority shall be used for insect and rodent control. Such insecticides and rodenticides are used only in accordance with the manufacturer's label directions and is prevented from contaminating dairy produce, containers, utensils and equipment. Section 61(2)(c)...

Section 62. Sanitary facilities Section do not open directly into a room in which milk or dairy produce is handled, converted and stored;

Section 63. Requirements for water Section is properly located, protected and operated;

Section 64. Cleanliness and storage of utensils Section only equipment directly related to dairy produce handling kept in dairy produce storage rooms;

Section 65. Storage of packaging material Section containers shall be stored inverted, on racks or in cases constructed of after cleaning and sanitizing, all the containers and equipment shall be stored on racks made of impervious food grade materials, or in clean shelves elevated above the floor;

Section 66. Capacity to assess milk quality and keeping of records Section 66(1) operator milk bar operator shall have the capacity to conduct the basic quality assessments of milk and other relevant tests. Section 66(2)(a) employ persons who are capable of conducting the basic quality assessments tests. Section 66(2)(b) keep records of the quality tests.

Section 67. Handling and storage of dairy produce Section A milk bar operator shall ensure that dairy produce is handled and stored in a manner that does not compromise quality and safety and environmental standards.

Section 68. Process milk according to Standard Section A Milk bar operator shall process dairy produce in accordance with the requirements of relevant standards.

Section 69. Offence under Regulation Section Any person who violates any of the provisions of these regulations shall be guilty of an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or to an imprisonment of not more than three months or both.

Section 27. General Requirements for Personnel Section A person who is involved in collection, transportation, processing, and distribution or in any other way handles milk before it reaches the consumer shall comply with the requirements of the code of practice.

Section 28. Qualifications of personnel Section A dairy business operator shall ensure that any person handling dairy produce is qualified with relevant competencies which can be demonstrated to the satisfaction of the Board.

Section 29. Sanitation requirements and installations Section sufficient and suitable dressing rooms, toilet rooms and conveniently located;

Section 30. Water supply Section 30(1) Premises used for dairy activities shall have adequate and clean potable water to facilitate hygienic practices. Section 30(2)(a) use clean water which is appropriate for drinking by animals, cleaning and sanitation of equipment and utensils, and for all relevant processes on the farm. Section 30(2)(b) where potable water is not available, ensure clean water through chlorination, sedimentation, filtration, or boiling. Section 30(2)(c) locate or construct the wells or boreholes such as to avoid the draining of surface water into the wells or boreholes. Section 30(2)(d) take precaution to ensure that dairy animals do not consume or have access to contaminated water.

Section 31. Prohibition for Transportation on Public Service Vehicles Section A person shall not transport dairy produce or cause dairy produce for sale to be transported in a passenger public service vehicle or in a vehicle whose design does not meet milk carriage requirements approved by the Board except for packaged dairy produce.

Section 32. Prescribed container Section 32(1) A person who handles dairy produce shall carry the dairy produce in a container as prescribed under the relevant standard. Section 32(2)(a) made of food grade materials or any other material that meets the relevant standard; Section 32(2)(b) designed so as to enable cleaning and sanitization Section 32(2)(c) designed and constructed to ensure drainage; Section 32(2)(d) properly covered during transportation; Section 32(2)(e) exclusively used to transport milk; and Section 32(2)(f) kept clean and free of contamination.

Section 33. Prevention of Contamination of raw milk from engine and fuel emissions Section ensure that the engine is switched off while loading and offloading

Section 34. Requirement for loaders Section 34(1)(a) loading and un-loading, wear clean protective clothing which covers the parts of the body which may come into contact with the milk; Section 34(1)(b) every person handling milk or dairy produce, washes their hands and other exposed parts of body with clean disinfectants and shall, during Section 34(1)(c) any loader or transporter of milk or dairy produce undergoes a routine medical examination at such intervals of time as may be determined by the dairy business operator and any loader found medically unfit during such examination shall not be allowed to handle milk during transportation or at all until certified otherwise by a qualified medical examiner; Section 34(1)(d) no person chews, smokes or eats any substance, food, or take any intoxicating drink or substance while handling milk or milk produce. Section 34(2) In the case of milk carriers, no person is allowed to stay or travel in the compartment in which milk or dairy produce is kept or to put their personal belongings or any other things in the said compartment during milk transportation.

Section 35. Inspection by Compliance officer Section Any carrier or container may be inspected by a compliance officer at any time whenever the compliance officer considers it necessary to do so to assess compliance with these Regulations.

Section 36. Prohibit transportation Section Where a compliance officer finds that a milk carrier has not complied with the provisions of these Regulations or any other legislation, the compliance officer may in liaison with the relevant authorities, accompany the carrier to its destination, or issue such directions as he or she considers necessary or advisable to ensure compliance with the provisions of these regulations and any other written law.

Section 37. Requirements for Dairy equipment, materials and additives Section The dairy equipment, materials and additives that are used in the dairy industry shall meet the requirements of the relevant standard.

Section 38. Offence and penalties Section Any person, who violates or abates in the violation of the provisions of these regulations, commits an offence and is liable to a fine not exceeding ten thousand shillings or one-month imprisonment or to both.

Section 39. General Requirements Section A primary producer or dairy business operator shall ensure that the premises where dairy produce is produced, handled, processed, stored and distributed or in which dairy produce containers, utensils, or equipment are stored, meets the requirement of the relevant standard.