Food and Drugs Act

Section Interpretation Section In this Act, unless the context otherwise requires— " dairy "— " food " includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include— " local authority " means— " advertisement " includes any notice, circular, label, wrapper, invoice or other document, and any public announcement made orally or by any means of producing or transmitting light or sound, and "advertise" shall be construed accordingly; " analysis " includes microbiological assay, and "analyse" shall be construed accordingly; " animal " does not include bird or fish; " area " means, in relation to a local authority and to officers of the local authority , the area which is under the jurisdiction of that local authority ; " article " does not include a live animal or bird; " authorised officer " has the meaning assigned to it by section 18 ; " business " includes the undertaking of a canteen, club, school, hospital or institution whether carried on for profit or not, and any undertaking or activity carried on by a local authority ; " catering premises " m...

Section Prohibition of sale of milk from diseased cows Section No person shall— sell, or offer or expose for sale, for human consumption ; or use in the manufacture of products for sale for human consumption , In proceedings under this section, the defendant shall be deemed to have known that a cow was suffering as aforesaid, if he or she could with ordinary care have ascertained the fact. A person who contravenes any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.

Section Adulteration of milk Section Subject to this section, no person shall— add any water or colouring matter or any other liquid or substance , or any dried or condensed milk or liquid reconstituted from that dried or condensed milk , to milk intended for sale for human consumption ; add any separated milk or mixture of cream and separated milk to unseparated milk intended for sale for human consumption ; sell, or offer or expose for sale, or have in his or her possession for the purpose of sale for human consumption , any milk to which any addition has been made in contravention of paragraphs (a) or (b) of this section; or sell, or offer or expose for sale, under the designation of milk , any liquid in the making of which any separated milk or any dried or condensed milk has been used. A person who contravenes any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment. For the purposes of subsection (1)(c), a person shall be deemed to retain the possession of milk which is deposited in any place for collection...

Section Misuse of designation "cream" in relation to cream substitutes Section Subject to this section, no person shall sell, or offer or expose for sale, for human consumption — In this section, "reconstituted cream " means a substance which, not being cream , resembles cream in appearance and contains no ingredient not derived from milk , except— any substance which resembles cream in appearance, but is not cream ; or any article of food containing such a substance , Subsection (1) shall not apply to the sale, or offer or exposure for sale, of any substance being reconstituted or imitation cream as defined by this section, or of any article containing such a substance , under a description or designation which identifies the substance as such, or to the sale, or offer or exposure for sale, of any substance under a description or designation which indicates that the substance is not for use as, or as a substitute for, cream . water; or ingredients, not added fraudulently to increase bulk, weight or measure or to conceal inferior quality, which may lawfully be contained in a substance sold for human consumption as cream , and "imitation cream " means a substance which, not being cr...

Section Food Hygiene Advisory Committee Section The members of the committee appointed under subsection (1) shall include— There shall be established a committee to be called the Food Hygiene Advisory Committee which shall consist of a chairperson appointed by the Minister and such number of other members so appointed as the Minister may determine. persons appearing to the Minister to be qualified to represent the interests of the public generally in relation to matters of food hygiene and related matters; and persons appearing to the Minister to be representative of persons carrying on any of the classes of trade or business affected by the operation of this Act in relation to food . The members of the committee shall hold office for such period as may be specified by the Minister in their respective appointments. The committee may appoint a member of the committee to be vice chairperson of the committee, and in the absence of the chairperson the vice chairperson shall preside at the meetings of the committee. The quorum of the committee shall be four, excluding the chairperson, and on any matters on which the votes of the committee are equally divided, the chairperson shall have...

Section Regulations Section The Minister may make regulations for any of the following purposes— regulating the production, storage, distribution and sale of milk and without prejudice to the generality of the foregoing— securing the observance of sanitary and cleanly conditions and practices in connection with the sale of food for human consumption or the importation, preparation , transportation, storage, packaging, wrapping, exposure for sale, service or delivery of food intended for sale or sold for human consumption or otherwise for the protection of public health in connection with the matters aforesaid and without prejudice to the generality of the foregoing— requiring, prohibiting or regulating the addition of any specified substance , or any substance of any specified class, to food intended for sale for human consumption or any class of such food , or the use of any such substance as an ingredient in the preparation of such food , and generally for regulating the composition of such food ; requiring, prohibiting or regulating the use of any process or treatment in the preparation of any food intended for sale for human consumption , or any class of such food ; prohibiting...